### 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 October 2, 2008, with Filing Certification of Lt. Governor Sean Parnell signed by Jason M. Hooley on Octo ber 10, 2008, with Delegation of Lieutenant Governor’s Authority certificate dated July 31, 2007.

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

Permanent Filing of Regulation Memo of Lt. Governor Sean Parnell signe d by Jason M. Hooley dated October 10, 2008, with Delegation of Lieutenant Governor’s Authority certificate dated July 31, 2007.

Adoption draft of 18 AAC 50 Air Quality Control Regulations , As amended through December 3, 2005 (no register number in heade r)

.

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

AIR QUALITY CONTROL

Public Comment Draft

April 22, 2008

Comment Period Ends May 28, 2008, 5:00 p.m.

Sarah Palin
Governor

Larry Hartig
CommissionerRegister ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT

18 AAC 50.030(9) is amended to read:

(9) the department’s Performance Audits for COMS , revised as of { adoption date of these regulations } [JANUARY 26, 2004];

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 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/ 2/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 6/24/2004, Regist er 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 __/__/2008, Register ___)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993
AS 46.14.020 AS 46.14.140

18 AAC 50.035(a)(1) is amended to read:

18 AAC 50.035. Documents, procedures, and methods adopted by reference . (a) The following documents are adopted by reference:

(1) the department's In Situ Burning Guidelines for Alaska , revised
March 2008 [MARCH 22, 2001];

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 7/2/ 2000, Register 154; am 2/2/2002, Register 161; am 5/ 3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am __/__/2008, Regi ster ___; am __/__/2008, Register ___)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

18 AAC 50.345(a) is amended to read:

18 AAC 50.345. Construction , minor, and operating permits: standard permit conditions. (a) Subsections (b) – (o) of th is section set out standard permit conditions that the department will include in each operating permit. The department may include the conditions set out in (c)(1) a nd (2) and (d) – (o) of this section in each minor permit and construction permit. The conditions set out in (m) – (o) of this section do not apply to visible emissions observations by smoke readers, except in connection with required particulate matter testing.



## ...

18 AAC 50.345(j) is amended to read:

2 of 6Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT

(j) The permittee shall certify any permit application, [ALL] report [REPORTS], affirmation, or compliance certifications[, OR OTHER DOCUMENTS] submitted to the department and required under the permit by including the signature of a responsible official for the permitted stati onary source following the statement: “Based
on information and belief formed after reasona ble inquiry, I certify that the statements
and information in and attached to this doc ument are true, accurate, and complete.” Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other documents must be certified upon submittal.

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 5/3/ 2002, Register 162; am 10/1/2004, Register 171; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020

18 AAC 50.346 is amended to read:

18 AAC 50.346. Construction and opera ting permits: other permit
conditions. (a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsecti on, unless the department determines that emission unit-specific or stat ionary source-specific conditions more adequately meet the requirements of this chapter or that no co mparable condition is appropriate for the stationary source or emission unit. The department’s Stan dard Permit Condition II – Air Pollution Prohibited, as revised as of August 25, 2004, is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emission unit-specific or stationary source-specific condi tions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Title V source or emission unit. The following standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I – Emission Fees, as revised as of August 25, 2004;

(2) Standard Permit Condition II I – Excess Emissions and Permit Deviation Reports, as revised as of { adoption date of these regulations } [AUGUST 25, 2004];

(3) Standard Permit Condition IV – Notification Form, as revised as of August 25, 2004;

(4) Standard Operating Perm it Condition V – Insignificant Sources, as revised as of August 25, 2004;

3 of 6Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT

(5) Standard Operating Permit Condition VI – Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII – Operating Reports,
as revised as of { adoption date of these regulations }; [AUGUST 25, 2004.]

(7) Standard Operating Permit Condition XIV – Document Submittals and Electronic Copi es, as revised as of { adoption date of these regulations }.

(c) Unless the department determines th at emission unit-specif ic or stationary source-specific conditions more adequately m eet the requirements of this chapter, the department will use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by reference.



## Table 7

Emission Unit or Activity Standard Permit Condition

-Gas-fired fuel burning equipment, except

flares Standard Operating Permit Condition
VIII – Visible Emissions and Particulate Matter Monitoring Plan for Gas-Fired Fuel Burning Equipment, August 25,
2004

–Stationary diesel engines

–Liquid-fired stationary turbines

–Other liquid-fired fuel burning

equipment Standard Operating Permit Condition
IX –Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources, { adoption date of these regulations } [AUGUST 25, 2004]

–Coal fired boilers

–Coal handling equipment

–Construction of gravel pads or roads that

are part of a permitted stationary source,
or other construction that has the potential to generate fugitive dust that
reaches ambient air

–Commercial, industria l, municipal solid Standard Operating Permit Condition X
– Reasonable Precautions to Prevent Fugitive Dust, August 25, 2004

4 of 6Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT

waste, air curtain, and medical waste
incinerators

–Sewage sludge incinerators not using wet

methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under th e control of the

operator with frequent vehicle traffic

–Other sources the department finds are

likely to generate fugitive dust

–Fuel burning equipment burning liquid

fuel Standard Operating Permit Condition XI
– SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid

fuel Standard Operating Permit Condition
XII – SO 2 Material Balance Calculation, August 25, 2004

–Coal fired boilers Standard Operating Permit Condition XIII – Coal Fired Boilers, { adoption date of these regulations } [AUGUST 25, 2004]

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180
AS 46.14.010 AS 46.14.130 AS 46.14.250
AS 46.14.020 AS 46.14.140

5 of 6Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT

18 AAC 50.544(a)(4) is amended to read:

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to th e stationary source[.] ; and

18 AAC 50.544 is amended by adding a new paragraph to read:

(5) include the standard permit conditions in 18 AAC 50.345, as
warranted.

(Eff.10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am __/__/2008, Register ___; am __/__/2008, Register ___)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.250

6 of 6

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

AIR QUALITY CONTROL

Adoption Draft

August XX , 200 8

Sarah Palin
Governor

Larry Hartig
CommissionerRegister ____, ________ 2008 E NVIRONMENTAL CONSERVATION DRAFT

2 of 8 18 AAC 50.030(9) is amended to read:

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

{ adoption date of these regulations } [ JANUARY 26, 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 3/2/2002, 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

__/_ _/2008, Register ___ )

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

AS 46.14.020 AS 46.14.140

18 AAC 50.035(a)(1) is amended to read:

18 AAC 50.035. Documents, procedures, and methods adopted by reference . (a)

The following documen ts are adopted by reference:

(1) the department's In Situ Burning Guidelines for Alaska , revised

March 2008 [ MARCH 22, 2001 ];

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am

2/2/2002, Register 161; am 5/3/2002, Regis ter 162; am 10/1/2004, Register 171; am

12/3/2005, Register 176; am 7 / 25 /2008, Register 187 ; am __/__/2008, Register ___ )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993Register ____, ________ 2008 E NVIRONMENTAL CONSERVATION DRAFT

3 of 8 18 AAC 50.345 (a) is amended to read:

18 AAC 50.345. Construction , minor, and operating permits: standard

permit conditions. (a) Subsections (b)

– (o) of this section set out standard permit

conditions that the department will include in each operating permit. The department

may include the conditions set out in (c)(1) and (2) and (d)

– (o) of this section in each

minor permit and construction permit. The conditions set out in (m)

– (o) of this

section do not apply to visible emissions observations by smoke readers, except in

co nnection with required particulate matter testing.

18 AAC 50.345(j) is amended to read:

(j) The permittee shall certify any permit application, [ ALL ] report

[ REPORT S ], affirmation, or compliance certifications [ , OR OTHER DOCUMENTS ]

submitted to the de partment and required under the permit by including the signature of a

responsible official for the permitted stationary source following the statement: “Based

on information and belief formed after reasonable inquiry, I certify that the statements

and in formation in and attached to this document are true, accurate, and complete.”

Excess emission reports must be certified either upon submittal or with an operating

report required for the same reporting period. All other reports and other documents

must b e certified upon submittal.

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am

10/1/2004, Register 171 ; am _ __/___/____, Register ____ )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140Register ____, ________ 2008 E NVIRONMENTAL CONSERVATION DRAFT

4 of 8 AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020

18 AAC 50.346 is amended to read:

18 AAC 50.346. Construction and operating permits: other permit

conditions. (a) For a construction permit or Title V permit, the department will use the

standard permit condition in this subsec tion, unless the department determines that

emission unit

- specific or stationary source

- specific conditions more adequately meet the

requirements of this chapter or that no comparable condition is appropriate for the

stationary source or emission unit. Th e department’s Standard Permit Condition II

– Air

Pollution Prohibited, as revised as of August 25, 2004 , is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions

listed in this subsection, unless the depar tment determines that emission unit

- specific or

stationary source

- specific conditions more adequately meet the requirements of this

chapter or that no comparable condition is appropriate for the Title V source or emission

unit. The following standard perm it conditions prepared by the department are adopted

by reference:

(1) Standard Permit Condition I

– Emission Fees, as revised as of

August 25, 2004 ;

(2) Standard Permit Condition III

– Excess Emissions and Permit

Deviation Reports, as revised as of { ad option date of these regulations }

[ AUGUST 25, 2004 ] ;

(3) Standard Permit Condition IV

– Notification Form, as revisedRegister ____, ________ 2008 E NVIRONMENTAL CONSERVATION DRAFT

5 of 8 as of August 25, 2004 ;

(4) Standard Operating Permit Condition V

– Insignificant

Sources, as revised as of August 25, 2004 ;

(5) Standar d Operating Permit Condition VI

– Good Air Pollution

Control Practices, as revised as of August 25, 2004 ;

(6) Standard Operating Permit Condition VII

– Operating Reports,

as revised as of { adoption date of these regulations } ; [ AUGUST 25, 2004. ]

(7) Stand ard Operating Permit Condition XIV

– Document

Submittals and Electronic Copies, as revised as of { adoption date of these

regulations }

.

(c) Unless the department determines that emission unit

- specific or stationary

source

- specific conditions more adequatel y meet the requirements of this chapter, the

department will use the standard operating permit conditions listed in Table 7 of this

subsection for the respective emission unit or emission unit types identified in the table.

The standard operating permit c onditions listed in Table 7 are adopted by reference.



## Table 7

Emission Unit or Activity Standard Permit Condition

- Gas

- fired fuel burning equipment, except

flares Standard Operating Permit Condition

VIII

– Visible Emissions and Particulate

Matter Monitor ing Plan for Gas

- Fired

Fuel Burning Equipment, August 25,

2004Register ____, ________ 2008 E NVIRONMENTAL CONSERVATION DRAFT

6 of 8 – Stationary diesel engines

– Liquid

- fired stationary turbines

– Other liquid

- fired fuel burning equipment Standard Operating Permit Condition

IX

– Visible Emissions and Particulate

Matter Moni toring Plan for Liquid

- Fired

Sources, { adoption date of these

regulations } [ AUGUST 25, 2004 ]

– Coal fired boilers

– Coal handling equipment

– Construction of gravel pads or roads that

are part of a permitted stationary source,

or other construction that has the

potential to generate fugitive dust that

reaches ambient air

– Commercial, industrial, municipal solid

waste, air curtain, and medical waste

incinerators

– Sewage sludge incinerators not using wet

methods to handle the ash

– Mines

– Urea manufacturing

– So il remediation units

– Dirt roads under the control of the

operator with frequent vehicle traffic Standard Operating Permit Condition X

– Reasonable Precautions to Prevent

Fugitive D ust, August 25, 2004Register ____, ________ 2008 E NVIRONMENTAL CONSERVATION DRAFT

7 of 8 – Other sources the department finds are

likely to generate fugitive dust

– Fuel burning equipment burning liquid

fuel Standard Operating Permit Condition XI

– SO 2 Emissions from Oil Fired Fuel

Burning Equipment, August 25, 2004

– Fuel burning equipment burning liquid

fuel Standard Operating Permit Condition

XII

– SO 2 Material Balance Calculation,

August 25, 2004

– Coal fired boilers Standard Operating Permit Condition

XIII

– Coal Fired Boilers, { adoption

date of these regulations } [ AUGUST

25, 2004 ]

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; a m 10/1/2004,

Register 171 ; am _ __/___/____, Register ____ )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14.250

AS 46.14.020 AS 46.14.140

18 AAC 50.544 (a)(4) is amended to read :Register ____, ________ 2008 E NVIRONMENTAL CONSERVATION DRAFT

8 of 8 (4) include the requirements o f an owner requested limit under 18 AAC

50.225 that applies to the stationary source [

. ] ; and

18 AAC 50.544 is amended by adding a new paragraph to read:

(5) include the standard permit conditions in 18 AAC 50.345, as

warranted

.

(Eff.10/1/2004, Registe r 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173;

am 7 / 25 /2008, Register 187 ; am __/__/2008, Register ___ )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.2 50

### 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 46.03.790

Alas ka Statute AS 46.14Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CON SERVATION

Article 01. ORGANIZATION

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 the 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 or potential sources of pollution of the env ironment, 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

sta te;

(4) take actions that are necessary 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, operation, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant,
mattress manuf

acturing 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 commercially compressed air sold fo r human respiration.

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

(1) the shop be equipped with appropriate sterilizing equipment, with availability of hot and cold running water, and with an appropriate waste receptacle;

(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 recent tattooing and permanent cosmetic coloring or body piercing;(3) a practitioner in the shop may use on ly instruments for tattooing and permanent cosmetic

coloring or body piercing that have been sterilized in accordance with methods approved by the department.Title 46. WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION

Chapter 46.03. ENVIRONMENTAL CONSERVATION

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 for 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 cooperate 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 bef ore 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 activ ities 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;

(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 com pliance or noncompliance with a regulation that may be 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 federal laws now or hereafter enacted;(10) adopt regulations necessary to carry out the purposes of this chapter, including, by way

of ex ample and not limitation, regulations providing for

(A) c ontrol, prevention, and abatement of air, water, or land or subsurface 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 ma intenance of public water supply
systems;

(D) c ollection 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) o ther 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, vessels, 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 Discharge Elimination System program in 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) requir e 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. 46.03.760. 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 lawful 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 c ourt of 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 characteris tics 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 r equirement 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 purpo ses, 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 section conditioned 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 brought 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 46.08.070(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

- 46.03.475, 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 tha n $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 f or any adverse environmental effects caused by the violation, that 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 de gree 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 determinat ion under this paragraph, shall also consider the volume of the graywater, sewage, or other wastewater discharged; 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 pr operty;

(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.

(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 req uired 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 term 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 applicab le,

(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; this paragraph may not be construed to limit the right of parties other than the state to recover for p ersonal 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.

(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. 46.03.765. 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, approval, 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 threat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in act ions under this section may affect the timing of compliance, but not the necessity of compliance 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 depa rtment 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 injures 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 degraded 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 ge neral 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, approval, 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 provi des 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;

(3) makes a false statement or representation in an application, label, manifest, record, report, permit, o r 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 loca l 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 vio lation 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 vi olation 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 dischar ge 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 1990].

(f) [Repealed, Sec. 5 ch 141 SLA 1990].(g) Notwithstanding AS 12.55.035 (b), upon convi ction 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) N otwithstanding (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);

(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 regulation adopted under AS 46.03.020 (12); or

(5) renders inaccurate a monitoring 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

.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 stan dards, or exemptions to implement a state air quality control program required under 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and regulations adopted under those sections. The standards established under this section may be for the state as a wh ole or may vary in recognition of local conditions.

(b) Unless the governor has determined that an emergency exists that requires emergency regulations under AS 44.62.250 , the department may adopt the following 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 corresponding 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 hazardous 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 standard under the authority of AS 46.14.120 (e) or 46.14.130(c)(2).

(c) In preparation for peer review under AS 46.14.015 and before adopting a regulation 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 technologically 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 dep artment shall find in writing that exposure profiles and either meteorological conditions 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 ba sed.(e) When incorporated into more than one permit, emission standards and limitations,

emissions monitoring and reporting requirements, and compliance verification require ments that are generally applicable statewide or are generally applicable to individual emissions unit or stationary source types shall be adopted in regulation unless they have been requested by the owner and operator to whom the permit is issued. The dep artment shall, by regulation, adopt a standard, limitation, or requirement described in this subsection as soon as its general applicability is reasonably foreseeable.

(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 re gulations.

(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 findings 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 commissioner 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 recommend ations, if any, for additional research or investigation considered appropriate. Peer review reports shall be submitted to the commissioner within 45 days after the department submits a matter for peer review unless the commissioner determines
that additio nal time is required.

(c) The department shall make available to the public at least 30 days before the public hearing required under AS 46.14.010 (a), at convenient locations, copies of the department's proposed regulation, the findings of the d epartment 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 persons to perform peer review under (b) of this section. All persons selected shall be selected on the basis of competitive sealed proposals unde r AS 36.30.200

- 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform peer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of th e proposed regulation. An interest isnot considered significant under this subsection if it is an interest possessed 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 conje ctural.

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

(a) The department, by regulation, may classify stationary sources or emissions uni ts 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 quality. The department may make a classification under this subsect ion 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 auth orized 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 reasonabl y capable of being calculated 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].

Repea led or Renumbered

Sec. 46.14.120. Permits for construction, installation, modification, or operation.

(a) Before constructing, installing, modifying, or establishing a station ary source subject to
AS 46.14.130 (a), the owner and operator shall ob tain 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), t he owner and operator 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 is sued by the department under this chapter or a court order. A personoperating under the application shield available under AS 46.14.140 (a)(12) and 46.14.275, shall

comply with 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 local requirements.

(e) If the federal administrator exempts a stationary source from the require ments 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 and, by regulation, shall issue a similar determination unless public health or air quality effec ts 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 constructing, installing, modifying, operating, or establishing a stationary source subject to AS 46.14.130 (c), the owner or operator shall obtain a minor permit und er 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 actu al 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 operati ng 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 hazar dous 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) U nless 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, orestablishing a stationary source, the owner and operator shall obtain a mi nor 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) I n this section, "major 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 regulati ons 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 applicab le 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. 70.6, but which may be modifi ed 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 stationary 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 applications;

(C) p rocessing 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;(5) r easonable 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) i nspection 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 fee s, which may include 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 c hanges 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 emissions 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 so urce 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 op erating 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 (Cle an Air Act) and regulations adopted under state and federal law;(14) provisions allowing for certification of inspectors who evaluate compliance with the

terms and condition s 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) s pecific methods, processes, procedures, or designs 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) T he absence of, or the department's failure to adopt, a regulation under this section does not relieve 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 stationary 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 applications 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 completeness. To be determined complete, an application must provide the information
identifie d by the department in regulations adopted under AS 46.14.140 and in st andard 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.(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 subsec tion 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. 46.14.1 70. Administrative actions regarding permits.

(a) Except as provided in AS 46.14.220 or 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 operati ng 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 act ion, but only for the purpose of judicial review to determine whether the court will require that action be taken by the department.

(d) T he 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 unde r 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. Monito ring 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 sol ely for the purpose of scientific investigation or research; and(2) monitoring activities must be consistent with the applicable emission standards and their

permit or permit ap plication 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 stationar y source, regardless of whether the stationary 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 otherwise 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 interest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is requi red or solicited, a person who participated in the public comment process may request an adjudicatory hearing under the 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 operating permits.

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the fed eral 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 re quirements of this chapter that are applicable to operating permits. A general operating permit issued to a particular person takes effect when the person's application is determined to be complete unless the department notifies the applicant that the gene ral permit is not applicable to the person's stationary source.

Sec. 46.14.211. General minor permits.

After notice and opportunity for public comment and hearing, the department may establish a general minor permit that would be applicable to more than on e stationary source determined by the department to be similar in structure. If authorized by the department, a permit 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 purposes of AS 46.14.130 (b), the department may issue a single operating permit under AS
46.14.170 , authorizing a stationary source to operate at specific m ultiple locations in the statefor 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 secti on 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 pe rmit 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 operating 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 the 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 perm it until the objection is resolved or the permit is revised to meet the objection 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 administrat or.

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

- day period under (a) of this 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. Duration 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 opera tions under AS 46.14.215 or unless a shorter term is requested by the p ermit applicant.

(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 doe s not expire until the renewal permit has been issued or denied.

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

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

Sec. 46.14.240. Permit administration fees.

(a) The own er 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 establishedunder (b) of this section except that the person named in a permit issued under AS 46.14.170

shall pay assessed permit administration fees incurred afte r the date the permit is issued.

(b) The department shall establish by regulation permit administration fees i n 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 evalua tions.

Sec. 46.14.250. Emission fees.

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

(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 source's estimated assessable emissions for the subsequent fiscal year. The department may allow installmen t 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 ti me 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 section. The first year's e mission 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 origin al fee under AS 44.46.025 for the time period for which an emission 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 perm ittee is assessed an annual emission fee that reflects an equitable apportionment 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 exe mptions or reduced rates for small amounts of emissions, limitsupon assessable 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 un der (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 proper notice before adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

(3) types, sizes, or categories of statio nary 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) o ther factors that ensure fair distribution of the costs described in (h) of this section.

(g) The department shall periodically, and at least every four years, evaluate the fe e 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 annua l emissions if the permittee can demonstrate to the department its previous actual annual rate of emissions through monitoring, modeling, calculations, or other 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 permits, and for operating permits to the extent re quired 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 provided to a specific facility, including the cost s incurred by the department or a local airquality 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 shall 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 depart ment 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 established. 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 st ate 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 regulatio ns 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 acco unt are not made from the unrestricted general fund.

(b) Nothing in this section creates 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 int erest collected under AS46.14.255 shall be deposited in the general fu nd 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 applic able, 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 information 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 befo re the date on which the owner and operator are required to submit an application under AS 46.14.150

.

Sec. 46.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

(a) After 30 days' written no tice to the permittee, the department

(1) may terminate, modify, or revoke and reissue a construction, operating, or minor 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 iss uance 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 c onstruction, 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) s hall reopen a permit issued under this chapter

(A) based on a determination of the federal administrator or the department that the permit must be revised to comply with 42 U .S.C. 7401

- 7671q (Clean Air Act) and regulations adopted
under 42 U.S.C. 7401

- 7671q; or(B) to incorporate changes in law, or to impose equivalent emission limitations, th at 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 chan ge in law, not later than 18 months after the change 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) R eopening 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) P roceedings to reopen a permit under this section shall follow the same procedure as for initial permit issuance and shall affect only those parts of the permit for which the department had cause to reopen under this section.

Sec. 46.14.285. Amendment and m odification of permit upon request of permittee.

(a) A permittee may request

(1) a permit amendment that provides for administrative changes 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 that include procedures under which the public may participate when an expedited authorization is requested under this paragra ph; or

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

.

(b) The department shall review 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 complianc e 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; or(2) the requirements are determined in writing not to be applicable to the permitted

stationary source; a determination 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 applicable requirements of law before or at the time of permit issuance; or

(3) the ability of the depa rtment 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 requirements 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 defined 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 Busine ss 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 capabilitie s 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 facili ties that 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.(a) There is established in the department a compliance 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 commission er 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) i f 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 shal l select a second panel member in addition to the selection authorized under (A) of this paragraph;

(C) if there are members of the house who are not part of the majority cauc us 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 business 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 (Pape rwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Act);(5) review information designed to assist small business facilities in complying with this

chapter to ensure that the information is understandable b y 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 opinions.

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 qu ality 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 depar tment under this subsection on an areawide basis 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 create a local air quality district for the purpose of jointly administering a local air quality control program within the boundar ies of the air quality district.

(c) If the department finds that the location, character, or extent of particular concentrations 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 control program, the department may determine the b oundaries 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 administration.

(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 dup lication of responsibilities. The cooperative agreement must include provisions specifying

(1) the respective duties and authority of the department and the municipality or l ocal 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 sta ff to administer the local air quality control program;

(3) duties of staff employed under (2) of this subsection;(4) the procedures that must be followed by t he municipality or local air 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) of 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 seeks 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 4 6.14.015.

(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 this 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, upon 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 reasonable 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 air quality control district from establishing a mobile source emissions progr am 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, emission inspection may not be required mor e 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 co nviction, shall be fined an amount not toexceed $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 qual ity district has an approved local air quality control program under AS 46.14.400 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
it s determination 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, after 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 writ ten finding setting out the nature of the deficiencies and a description of the necessary 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 municipali ty or district within 45 days after closure of the public hearing record. The department 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 the 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 partially remedies, to the department's satisfaction, the deficiencies fou nd 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 quality 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 comp ly with AS 46.14.400 and with any corrective action plan required by th e 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 reas onable capability of the municipality or the local air quality district or may be more efficiently and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Clas sifications 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. MISCEL LANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.(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. 7 627 (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 same 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 whil e at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source.

(c) I n 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 commissi oner determines that another area with more stringent requirements relating 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 poten tial for air pollutants from the stationary source to reach the other 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 c ontrol of emissions from motor vehicles to further air quality control, the department may provide, by regulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment de signed to reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless otherwise 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) T he department 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

moto r 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 of air pol lution 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,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 required 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 emis sions inspection for a motor vehicle, the department may not require the vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions in spection 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 legislature that money collected under this subsection be appropriated to control pollution
from motor veh icle emissions.

(g) In addition to the emission control i nspection 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 monitoring program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commi ssioner 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 operator, 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) sample any emissions that the owner and operator of the stationary source is required to sample.

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

Sec. 46.14.520. Confidentiality of trade secrets.

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 owner and operator have certified under oath to the department or authorized local program that(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 the records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or fin ancial 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 provided in AS 46.14.520 , permits, permit applications, emissions and monitoring 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 municipality 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 sub mitted 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, adminis ter, and spend federal aid for the control of air emissions or the development and administration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the dep artment 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 emergen cy use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural requirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commi ssioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and may impose other conditions the commissioner finds necessary and appropriate.(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 author ization, 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 considered 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 own er 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

pe rmittee 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 unavoidable 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 noncompliance with a technology

- ba sed 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 requirement.

Article 06. GENERAL PRO VISIONS

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 health, or safety.

Sec. 46.14.990. Definitions.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 standard, 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 temporaril y 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 trade 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 letters, 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" means the administrator of the United States Environmental Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009].(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 quality control program" means a program authorized under AS 46.14.400 to implement some or all of the provisions of this chapter;

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

(17) "major stationary source" means a stationary source or 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 orders;

(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 possessory 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, agencies, 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 Air Act);

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

(A) is owned or operated by a p erson 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 air 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;(27) "tank vessel" means a waterborne vessel, 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 November 9, 2008 (with register number)

.

See section 2.1 (b) for Lt. Governor’s filing memo dated October 10,
2008

.

Revision Table 2006, showing effective dates of individual sections of 18 AAC 50 and whether they are subject to SIP approval

.

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through November 9, 2008

### IMPORTANT NOTE TO READER

The regulations reproduced here have been provided by the Department of Environmental Conservation as a public courtesy. While every effo rt has been made to assure the accuracy of the reproduced version, the Department of Enviro nmental Conservation cannot guarantee its absolute accuracy. Paper copies of th e regulations as originally filed with the Lieutenant Governor are available for the Departmen t of Environmental Conservation.

The regulations have an effective date of November 9, 2008, are in Register 188, and will appear in official published form in the January 20 09 Supplement to the Alaska
Administrative Code.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

1 Chapter 50. Air Quality Control

.

Article 1. Ambient Air Quality Management (18 AAC 50.005 - 18 AAC 50.110) 2. Program Administration (18 AAC 50.200 - 18 AAC 50.260 3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390) 4. User Fees (18 AAC 50.400 - 18 AAC 50.430) 5. Minor Permits (18 AAC 50.502 – 18 AAC 50.560) 6. (Reserved) 7. Conformity (18 AAC 50.700 - 18 AAC 50.735) 8. (Reserved) 9. General Provisions (18 AAC 50.900 - 18 AAC 50.9 90)

Editor's note: The regulations in this chapter, effective Januar y 18, 1997, and distributed in Register 141, are a comprehensive reorganization an d revision of the department's regulations dealing with air quality control. Except for the p rovisions of 18 AAC 50.110 and 18 AAC 50.700 - 18 AAC 50.735, they replace all pre vious regulations in this chapter that were repealed simultaneously with the adoption of these regulations. The history line at the end of each section does not reflect the history of the re placed provisions before January 18, 1997. The numbering of sections is not related to the numberi ng before January 18, 1997. Previous amendments of this chapter are on file in the Office of the Lieutenant Governor and are found at Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Register 84, 11/1/82; Register 88, 10/30/83; Register 102, 6/7/87; Register 106, 6/2/8 8; Register 118, 5/11/91; Register 119, 7/21/91; Register 123, 7/12/92; Register 124, 12/10 /92; Register 125, 2/19/93; Register 126, 4/7/93; Register 127, 7/8/93; Register 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; Register 131, 8/5/94; Register 131, 8/10/94; and Re gister 133, 1/4/95.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

2 Article 1. Ambient Air Quality Management.

Section 05. Purpose and applicability of chapter 10. Ambient air quality standards 15. Air quality designations, classifications, a nd control regions
20. Baseline dates and maximum allowable increas es 25. Visibility and other special protection area s 30. State air quality control plan 35. Documents, procedures, and methods adopted b y reference 40. Federal standards adopted by reference
45. Prohibitions
50. Incinerator emission standards 52. (Repealed) 55. Industrial processes and fuel-burning equipm ent 60. Pulp mills 65. Open burning
70. Marine vessel visible emission standards 75. Wood-fired heating device visible emission s tandards 80. Ice fog standards 85. Volatile liquid storage tank emission standa rds 90. Volatile liquid loading racks and delivery t ank emission standards 100. Nonroad engines 110. Air pollution prohibited

18 AAC 50.005. Purpose and applicability of chapte r. (a) The purpose of this chapter is to identify, prevent, abate, and control air pol lution in a manner that meets the purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Cle an Air Act).

(b) The requirements of this chapter apply to any person who allows or causes air pollutants to be emitted into the ambient air. (Ef f. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010

18 AAC 50.010. Ambient air quality standards. The standards for concentrations of air pollutants in the ambient air, measured or pred icted by an analytical method described in 18 AAC 50.215, are established as follows:

(1) for PM-10:

(A) expected annual arithmetic mean of 50 microgra ms per cubic meter;
and

(B) 24-hour average of 150 micrograms per cubic me ter, with this standard being attained when the expected number o f days in a calendar year with a 24-Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

3 hour average concentration above 150 micrograms pe r cubic meter is less than or equal to one day;

(2) for sulfur oxides, measured as sulfur dioxide:

(A) annual arithmetic mean of 80 micrograms per cu bic meter;

(B) 24-hour average of 365 micrograms per cubic me ter not to be exceeded more than once each year; and

(C) three-hour average of 1300 micrograms per cubi c meter not to be exceeded more than once each year;

(3) for carbon monoxide:

(A) eight-hour average of 10 milligrams per cubic meter not to be exceeded more than once each year; and

(B) one-hour average of 40 milligrams per cubic me ter not to be exceeded more than once each year;

(4) for ozone: one-hour average of 235 micrograms per cubic meter, with this standard being attained when the expected number of days in a calendar year with a maximum hourly average concentration above 235 micrograms p er cubic meter is less than or equal to one day;

(5) for nitrogen dioxide: annual arithmetic mean of 100 micrograms per cubic

meter;

(6) for lead: quarterly arithmetic mean of 1.5 mi crograms per cubic meter;

(7) for reduced sulfur compounds, expressed as sul fur dioxide: 30-minute average of 50 micrograms per cubic meter not to be exceeded more than once each year; and

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive eight hours not to be exceeded more than once each year. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010

18 AAC 50.015. Air quality designations, classific ations, and control regions. (a) To identify an area by its air quality, all geograp hic areas in the state are designated by the federa l administrator as "attainment," "nonattainment," or "unclassifiable." An area is designated "attainment" for a particular air pollutant if its air quality meets the ambient air quality standard for that air pollutant. If air quality does not me et the ambient standard for a particular airRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

4 pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient information to classify an area as attainment or no nattainment for a particular air pollutant, the area is designated "unclassifiable" for that air po llutant.

(b) The following areas have been designated by th e federal administrator as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 2/20/2004

(B) repealed 6/24/2004

(2) for PM-10:

(A) Mendenhall Valley area of Juneau; and

(B) Eagle River area of Anchorage.

(c) To establish standards for the prevention of s ignificant deterioration of air quality, geographic areas in the state are

(1) divided into four "air quality control regions " as follows:

(A) Cook Inlet Intrastate Air Quality Control Regi on;

(B) Northern Alaska Intrastate Air Quality Control Region;

(C) South Central Alaska Intrastate Air Quality Co ntrol Region; and

(D) Southeast Alaska Intrastate Air Quality Contro l Region; and

(2) classified as shown in Table 1 in this subsect ion for each air pollutant for which the area is designated "unclassifiable" or "a ttainment."Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

5 Table 1. Air Quality Classifications

Classification Geographic Area

Class I areas Denali National Park including the Denali Wilderness but excluding the Denali
National Preserve

Bering Sea National Wildlife Refuge designated as a National Wilderness Area

Simeonof National Wildlife Refuge designated as a National Wilderness Area

Tuxedni National Wildlife Refuge designated as a National Wilderness Area

Class II areas All other geographic areas in Alaska not
classified as Class I or Class III

Class III areas No areas in Alaska

(d) The following areas are subject to maintenance plan requirements for carbon monoxide, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as part of the state air quality control plan:

(1) the Municipality of Anchorage;

(2) Fairbanks and North Pole urban area. (Eff. 1/ 18/97, Register 141; am 2/20/2004, Register 169; am 6/24/2004, Register 170 ; am 10/10/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : The nonattainment area and maintenance boundarie s, the air quality control region boundaries, and the Class I area bou ndaries are depicted on maps in the state air quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and
nonattainment area boundaries are described in 40 C .F.R. 81, as revised as of July 1, 2003.

As of Register 154, July 2000, the regulations atto rney made a technical revision under AS 44.62.125(b)(6) in Table 1 at 18 AAC 50.015(c)(2 ).

18 AAC 50.020. Baseline dates and maximum allowabl e increases . (a) In an area designated nonattainment in 18 AAC 50.015(b), the p rovisions of this section do not apply to the nonattainment air pollutant. However, this section does apply to all other air pollutants listed in
Table 2 in this subsection.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

6 Table 2. Baseline Dates

Air Quality Control Region Air Pollutant Baseline Date

Cook Inlet Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 12, 1979

PM-10 March 20, 1982

Northern Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

South Central Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 26, 1979

PM-10 October 26, 1979

Southeast Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide November 10, 1986

PM-10 The earliest date upon which the department declares complete an application for afacility or modification that includes information required under
18 AAC 50.306 and shows an increase inactual PM-10 emissions equal to or exceeding 15 tons per year.

(b) To establish standards for the prevention of s ignificant deterioration of air quality,

(1) baseline dates for determining the ambient con centration of certain air pollutants are established for each air quality con trol region listed in Table 2 in (a) of this sectio n;

(2) in areas designated as Class I, II, or III, in creases in air pollutant concentration
over the baseline concentration shall be limited to the concentrations in Table 3 in this subsection; (3) for any period other than an annual period, th e applicable maximum allowable increase may be exceeded during one such period per year at any one location; and

(4) the baseline concentrations and maximum allowa ble increases shall be measured or predicted by a method described in 18 A AC 50.215.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

7 Table 3. Maximum Allowable Increases

Classification of area in 18 AAC 50.015(c)
Table 1 Air Pollutant Maximum allowable increase (micrograms per cubic meter)

CLASS I PM-10:

Annual arithmetic mean............................
24-hour maximum ...................................

. .................. 4
.................. 8

Sulfur dioxide:
Annual arithmetic mean............................
24-hour maximum ...................................

. 3-hour maximum ....................................

.. .................. 2
.................. 5
................. 25

Nitrogen dioxide:
Annual arithmetic mean............................ .................2.5

CLASS II PM-10:

Annual arithmetic mean............................
24-hour maximum ...................................

. ................. 17
................. 30

Sulfur dioxide:
Annual arithmetic mean............................
24-hour maximum ...................................

. 3-hour maximum ....................................

.. ................. 20
................. 91
................ 512

Nitrogen dioxide:
Annual arithmetic mean............................ ................. 25

CLASS III PM-10:

Annual arithmetic mean............................
24-hour maximum ...................................

. ................. 34
................. 60

Sulfur dioxide:
Annual arithmetic mean............................
24-hour maximum ...................................

. 3-hour maximum ....................................

.. ................. 40
................ 182
................ 700

Nitrogen dioxide:
Annual arithmetic mean............................ ................. 50

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

(e) For purposes of this section, the baseline con centration of an air pollutant is
determined as follows:Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

8 (1) for PM-10 and sulfur dioxide, the baseline con centration is the ambient concentration of the air pollutant on the applicabl e baseline date, plus the contribution from allowable emissions of a PSD major stationary sourc e for which construction commenced before January 6, 1975, but that was not in operation by t he baseline date; however, the baseline
concentration does not include actual emissions fro m a PSD major stationary source or a PSD major modification for which construction commenced on or after January 6, 1975; and

(2) for nitrogen dioxide, the baseline concentrati on is the ambient concentration of the air pollutant on the applicable baseline dat e, plus the contribution from allowable emissions of a PSD major stationary source for whic h construction commenced before February 8, 1988, but that was not in operation by the basel ine date.

(f) In this section, “commence” has the meaning gi ven in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040. (Eff. 1/18/97, Registe r 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187 )

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.025. Visibility and other special protec tion areas. (a) Visibility special protection areas are established to prevent impairm ent of visibility. The following areas are designated visibility special protection areas:

(1) Mt. Deborah and the Alaska Range East, as view ed from approximately the Savage River Campground area;

(2) Mt. McKinley, Alaska Range, and the Interior L owlands, as viewed from the vicinity of Wonder Lake; and

(3) geographic areas classified as Class I areas u nder 18 AAC 50.015(c).

(b) A wood smoke control area is a geographic loca tion where a wood-burning activity has resulted in two or more discontinuous 24-hour p eriods when the ambient exposures of PM-10 solely from this activity have reached or exc eeded 150 micrograms per cubic meter of air. The Mendenhall Valley area of Juneau is designated a wood smoke control area.

(c) Special protection areas for sulfur dioxide ar e established to prevent the violation of the ambient air quality standard and maximum allowa ble ambient concentration for sulfur dioxide. The following areas are designated as spe cial protection areas for sulfur dioxide:

(1) in the Unalaska area, the land and water areas within a 3.4-mile radius of the

intersection of 53 < 53' 4" N latitude and 166 < 32' 11" W longitude; and

(2) in the St. Paul Island area, the land and wate r areas south of UTM Northing 6333.00 kilometers (57 < 8' 29" N latitude) and within 0.6 kilometers of St . Paul Island. (Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

9 Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : Complete descriptions of the special protection areas designated in this section, including maps, are provided in the state air quality control plan adopted by reference in
18 AAC 50.030.

18 AAC 50.030. State air quality control plan. Volumes II and III of the State Air Quality Control Plan for implementing and enforcing the provisions of A S 46.14 and this chapter, as amended through April 4, 2008, are adop ted by reference. The plan includes the following documents which are also adopted by refer ence:

(1) the department's Alaska Air Quality Small Business Assistance Progra m , April 1994;

(2) the Code of the City and Borough of Juneau, Al aska, Chapter 36.40, amended by the provisions of Ordinance of the City and Boro ugh of Juneau, Alaska, Serial No. 91-52;

(3) except as provided in 18 AAC 50.090(b), the de partment's Air Quality Compliance Certification Procedures for Volatile Li quid Storage Tanks, Delivery Tanks, and Loading Racks , as amended through December 10, 1992;

(4) the department's Alaska Quality Assurance Manual for Ambient Air Qua lity Monitoring , as amended through August 21, 1996;

(5) Repealed 6/21/98.

(6) Protocol for Determining the Best Performing Model , EPA-454/R-92-025, December 1992;

(7) Interim Procedures for Evaluating Air Quality Model s (Revised)

, EPA-450/4-84-023, September 1984;

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

(9) the department’s Performance Audits for COMS , revised as of August 20, 2008; (10) the department’s Minor Permit Application Forms , dated August 30, 2004.

(Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46; 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 3/2/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2 004, Register 171; am 12/14/2006, Register 180; am 12/30/2007, Register 184; am 5/17/2008, Reg ister 186; am 7/25/2008, Register 187; am, 11/9/2008, Register 188)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

10 Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

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 d epartment's Anchorage, Fairbanks, or
Juneau office and are on file with the Office of th e Lieutenant Governor.

18 AAC 50.035. Documents, procedures, and methods adopted by reference . (a) The following documents are adopted by reference:

(1) the department's In Situ Burning Guidelines for Alaska

, Revision 1, revised August 2008;

(2) Workbook for Plume Visual Impact Screening and Anal ysis (revised), EPA 454/R-92-023, October 1992;

(3) the United States Environmental Protection Age ncy's (EPA) publication AP42, Compilation of Air Pollutant Emission Factors, Volu me I: Stationary Point and Area
Sources , Fifth Edition with Supplements A – F and annual u pdates, as updated through December 2007;

(4) Meteorological Monitoring Guidance for Regulatory M odeling Applications

, EPA -454/R-99-005, February 2000;

(5) Ambient Monitoring Guidelines for Prevention of Sig nificant Deterioration (PSD) , EPA-450/4-87-007, May 1987;

(6) the department’s Summary Prepared by the Department of Environmental Conservation of Coastal Area Boundaries Approved by the Coastal Policy Council (CPC) for Coastal Resource Districts Excluded from the Portab le Oil and Gas Operation Permit by Rule (18 AAC 50.390), as revised as of November 19, 2001;

(7) SCREEN3 Model User’s Guide, EPA 454/B-95-004, dated September 1995;
and

(8) Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, EPA-454/R-92-019, dated October 1992.

(b) The following procedures and methods set out i n 40 C.F.R., revised as of July 1, 2007, are adopted by reference:

(1) 40 C.F.R. Part 50, Appendices A, D, F, H, J, a nd K;

(2) 40 C.F.R. Part 51, Appendix M;

(3) 40 C.F.R. Part 58, Appendix B;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

11 (4) the following test methods as they apply to 40 C.F.R. 63.11(b)(6):

(A) ASTM D1946-90(1994)e1, Standard Practice for A nalysis of Reformed Gas by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method fo r Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calo rimeter.

(c) This subsection adopts the methods and procedu res listed in this subsection for use by the department in permits for compliance monitoring . Nothing in this subsection is intended to limit the department’s discretion to require in a p ermit issued under this chapter compliance with the requirements of other methods or procedures on a case by case basis. The following methods and procedures are adopted by reference:

(1) ASTM D 129-00, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), approved January 10, 2000;

(2) ASTM D 1266-98, Standard Test Method for Sulfu r Petroleum Products (Lamp Method), approved February 10, 1998;

(3) ASTM D 1552-95, Standard Test Method for Sulfu r in Petroleum Products (High Temperature Method), approved August 15, 1995 ;

(4) ASTM D 2622-98, Standard Test Method for Sulfu r in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectometr y, approved April 10, 1998;

(5) ASTM D 4294-98, Standard Test Method for Sulfu r in Petroleum and Petroleum Products by Energy Dispersive X-Ray Fluor escence Spectroscopy, approved April 10, 1998; (6) ASTM D 4045-99, Standard Test Method for Sulfu r in Petroleum and Petroleum Products by Hydrogenolysis and Rateometri c Colorimetry, approved January 10, 1999; (7) ASTM D 2492-90 (Reapproved 1998), Standard Tes t Method for Forms of Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176-89 (Reapproved 1997), Standard Pra ctice for Ultimate Analysis of Coal and Coke, approved September 29, 1 989;

(9) ASTM D 4749-87 (Reapproved 1994), Standard Tes t Method for Performing the Sieve Analysis of Coal and Designating Coal Siz e, approved November 27, 1987;

(10) ASTM D 1140-97, Standard Test Method for Amou nt of Material in Soils Finer Than the No. 200 Sieve, approved May 10, 1997 ;

(11) ASTM D 422-63 (Reapproved 1998), Standard Tes t Method for ParticleSize Analysis of Soils, approved November 21, 1963;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

12 (12) ASTM D 4629-96, Standard Test Method for Trac e Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative C ombustion and Chemiluminescence Detection, approved April 10, 1996;

(13) ASTM D 5762-98, Standard Test Method for Nitr ogen in Petroleum and Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998;

(14) ASTM D 4913-89( Reapproved 1995), Standard Pr actice for Determining Concentration of Hydrogen Sulfide by Direct Reading , Length of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15) ASTM D 4810-88 (Reapproved 1999), Standard Te st Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain Detect or Tubes, approved April 29, 1988;

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Spe cifications, approved February 10, 1998;

(17) ASTM D 4239-00 Standard Test Methods for Sulf ur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnac e Combustion Methods, approved April 10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 11/9/2 008, Register 188)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 19 93

Editor's note : The documents, procedures, and methods adopted b y reference in 18 AAC 50.035 may be reviewed at the department's A nchorage, Fairbanks, or Juneau office. For information on how to obtain a copy of the EPA publication AP-42 referred to in this section, contact EPA's InfoCHIEF information line at (919) 5 41-5285.

For information on how to obtain a copy of the ASTM documents referred to in 18 AAC 50.035, contact the American Society for Tes ting and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, West Conshohocke n, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610) 832-9555.

18 AAC 50.040. Federal standards adopted by refer ence. (a) The following provisions of 40 C.F.R. Part 60 (Standards of Perfo rmance for New Stationary Sources), as revised as of July 1, 2007, are adopted by referenc e as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F .R. 60.9 (Availability of Information);

(2) the following subparts:

(A) Subpart D (Standards of Performance for Fossil -Fuel-Fired SteamRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

13 Generators for Which Construction is Commenced Afte r August 17, 1971);

(B) Subpart Da (Standards of Performance for Elect ric Utility Steam Generating Units for Which Construction is Commence d After September 18, 1978);

(C) Subpart Db (Standards of Performance for Indus trial – Commercial - Institutional Steam Generating Units);

(D) Subpart Dc (Standards of Performance for Small Industrial – Commercial - Institutional Steam Generating Units);

(E) Subpart E (Standards of Performance for Incine rators);

(F) Subparts Ea and Eb (Standards of Performance f or Municipal Waste Combustors);

(G) Subpart Ec (Standards of Performance for Hospi tal, Medical, and Infectious Waste Incinerators;

(H) Subpart F (Standards of Performance for Portla nd Cement Plants);

(I) Subpart I (Standards of Performance for Hot Mi x Asphalt Facilities);

(J) Subpart J (Standards of Performance for Petrol eum Refineries);

(K) Subpart K (Standards of Performance for Storag e Vessels for Petroleum Liquids for Which Construction, Reconstru ction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

(L) Subpart Ka (Standards of Performance for Stora ge Vessels for Petroleum Liquids for Which Construction, Reconstru ction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performance for Volat ile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After Jul y 23, 1984);

(N) Subpart L (Standards of Performance for Second ary Lead Smelters);

(O) Subpart N (Standards of Performance for Primar y Emissions from Basic Oxygen Process Furnaces for Which Constructio n is Commenced After June 11, 1973);

(P) Subpart Na (Standards of Performance for Secon dary Emissions from Basic Oxygen Process Steelmaking Facilities for Whi ch Construction is Commenced After January 20, 1983);Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

14 (Q) Subpart O (Standards of Performance for Sewage Treatment Plants);

(R) Subpart Q (Standards of Performance for Primar y Zinc Smelters);

(S) Subpart R (Standards of Performance for Primar y Lead Smelters);

(T) Subpart Y (Standards of Performance for Coal P reparation Plants);

(U) Subpart DD (Standards of Performance for Grain Elevators);

(V) Subpart GG (Standards of Performance for Stati onary Gas Turbines);

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants); (X) Subpart LL (Standards of Performance for Metal lic Mineral Processing Plants); (Y) Subpart UU (Standards of Performance for Aspha lt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equip ment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing In dustry);

(AA) Subpart XX (Standards of Performance for BulkGasoline Terminals); (BB) Subpart GGG (Standards of Performance for Equ ipment Leaks of VOC in Petroleum Refineries);

(CC) Subpart JJJ (Standards of Performance for Pet roleum Dry Cleaners);

(DD) Subpart KKK (Standards of Performance for Eq uipment Leaks of VOC from Onshore Natural Gas Processing Plants);

(EE) Subpart LLL (Standards of Performance for Ons hore Natural Gas Processing: SO 2 Emissions);

(FF) Subpart OOO (Standards of Performance for Non metallic Mineral Processing Plants);

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems);

(HH) Subpart UUU (Standards of Performance for Cal ciners and Dryers in Mineral Industries);

(II) Subpart WWW (Standards of Performance for Mun icipal Solid Waste Landfills);Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

15 (JJ) Subpart CCCC (Standards of Performance for Co mmercial and
Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reco nstruction Is Commenced on or After June 1, 2001);

(KK) the provisions of Subpart AAA (Standards of P erformance for New Residential Wood Heaters), except that the operator of a wood stove may demonstrate compliance with 40 C.F.R. 60.532 by operating the w ood stove in accordance with the permanent label required by 40 C.F.R. 60.536;

(3) the provisions of Appendices A - F.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), as revised as of May 16, 2007, are adopted by reference as they apply
to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F. R. 61.16 (Availability of Information);

(2) the following subparts:

(A) Subpart E (National Emission Standard for Merc ury);

(B) Subpart J (National Emission Standard for Equi pment Leaks (Fugitive Emission Sources) of Benzene);

(C) Subpart V (National Emission Standard for Equi pment Leaks (Fugitive Emission Sources));

(D) Subpart Y (National Emission Standard for Benz ene Emissions from Benzene Storage Vessels); and

(E) Subpart FF (National Emission Standard for Ben zene Waste Operations); (F) the Standard for Demolition and Renovation und er 40 C.F.R. 61.145 and, as they apply to activities subject to 40 C.F. R. 61.145, 40 C.F.R. 61.141, 40 C.F.R. 61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, a nd Appendix A to Subpart M (Interpretive Rule Governing Roof Removal Operation s);

(3) 40 C.F.R. 61.154;

(4) Appendices A, B, and C.

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), as revised as of July 16, 2007, are adopted by reference as they apply to a Title V source:Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

16 (1) Subpart A (General Provisions), except 40 C.F. R. 63.5(e)(2) – (f)

(2) Subpart B (Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)), except that

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63.54 are not ad opted; and

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R . 63.53, 40 C.F.R. 63.55, and 40 C.F.R. 63.56 apply to the owner or op erator of a hazardous air pollutant major source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, s ec. 112(c)(1)) for which the EPA administrator has failed to promulgate an emission standard within 18 months after the deadline established for doing so in 42 U.S.C. 7412 (e) (Clean Air Act, sec. 112(e));

(3) Subpart D (Regulations Governing Compliance Ex tensions for Early Reductions of Hazardous Air Pollutants);

(4) Subpart M (National Perchloroethlyene Air Emis sion Standards for Dry Cleaning Facilities);

(5) Subpart N (Chromium Electroplating and Anodizi ng);

(6) Subpart Q (Industrial Process Cooling Towers);

(7) Subpart R (Gasoline Distribution Facilities: Bulk Gasoline Terminals and Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);

(9) Subpart Y (Marine Tank Vessel Loading Operatio ns);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off-Site Waste and Recovery Opera tions);

(12) Subpart GG (Aerospace Manufacturing and Rewor k Facilities);

(13) Subpart HH (Oil and Natural Gas Production Fa cilities;

(14) Subpart II (Shipbuilding and Ship Repair);

(15) Subpart JJ (Wood Furniture Manufacturing);

(16) Subpart KK (Printing and Publishing Industry) ;

(17) Subpart HHH (Natural Gas Transmission and Sto rage Facilities);Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

17 (18) Subpart LLL (Portland Cement Plants);

(19) Subpart UUU (Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units)

(20) Subpart AAAA (Municipal Solid Waste Landfills );

(21) Subpart EEEE (Organic Liquids Distribution (N on-Gasoline));

(22) Subpart YYYY (Stationary Combustion Turbines) ;

(23) Subpart ZZZZ (Stationary Reciprocating Intern al Combustion Engines);

(24) Subpart GGGGG (Site Remediation);

(25) Subpart PPPPP (Engine Test Cells, Stands);

(26) Subpart LLLLLL (Acrylic and Modacrylic Fibers Production Area Sources);

(27) Subpart MMMMMM (Carbon Black Production Area Sources);

(28) Subpart NNNNNN (Chemical Manufacturing Area S ources: Chromium Compounds);

(29) Subpart OOOOOO (Flexible Polyurethane Foam Pr oduction and Fabrication Area Sources);

(30) Subpart PPPPPP (Lead Acid Battery Manufacturi ng Area Sources);

(31) Subpart QQQQQQ (Wood Preserving Area Sources) ;

(32) Appendix A (Test Methods);

(33) Appendix B (Sources Defined for Early Reducti on Provisions).

(d) The provisions of 40 C.F.R. Part 82, as revise d as of July 1, 2007, are adopted by reference to the extent that they apply to a Title V source.

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R . 52.96, as revised as of July 1, 2007, as they apply to a Title V source and for purposes of a Title V permit, are adopted by reference.

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models (Revised)), as revised as of July 1, 2007, are adop ted by reference.

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), as revised as of July 1, 2007, are adopted by
reference:Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

18 (1) Subpart FFF (Federal Plan Requirements for Lar ge Municipal Waste Combustors Constructed on or Before September 20, 1 994);

(2) Subpart GGG (Federal Plan Requirements for Mun icipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or Reconstructed Since May 30, 1991);

(3) Subpart HHH (Federal Plan Requirements for Hos pital/Medical/Infectious
Waste Incinerators Constructed on or Before June 20 , 1996);

(4) Subpart III (Federal Plan Requirements for Com mercial and Industrial Solid
Waste Incineration Units that Commenced Constructio n on or Before November 30, 1999);

(5) Subpart JJJ (Federal Plan Requirements for Sma ll Municipal Waste Combustion Units Constructed on or Before August 30 , 1999).

(h) The following provisions of 40 C.F.R. 51.166 a nd 40 C.F.R. 52.21 (Prevention of Significant Deterioration of Air Quality), as revis ed as of July 2, 2007, are adopted by reference:

(1) 40 C.F.R. 51.166(f) (Exclusions from Increment Consumption;

(2) 40 C.F.R. 51.166(q)(2) (Public Participation);

(3) 40 C.F.R. 52.21(a)(2) (Applicability Procedure s);

(4) 40 C.F.R. 52.21(b) (Definitions), except as fo llows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.1 4.990 and 18 AAC 50.990:

(i) 40 C.F.R. 52.21(b)(1) (“major stationary sourc e”);

(ii) 40 C.F.R. 52.21(b)(2) (“major modification”);

(B) the following provisions are not adopted, and the terms defined in those provisions have the meanings give in AS 46.14 .990:

(i) 40 C.F.R. 52.21(b)(4) (“potential to emit”);

(ii) 40 C.F.R. 52.21(b)(5) (“stationary source”);

(iii) 40 C.F.R. 52.21(b)(6) (“building, structure , facility, or installation”);

(iv) 40 C.F.R. 52.21(b)(7) (“emissions unit”);

(v) 40 C.F.R. 52.21(b)(8) (“construction”);Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

19 (vi) 40 C.F.R. 52.21(b)(20) (“fugitive emissions”) ;

(C) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in 18 AAC 50.990;

(i) 40 C.F.R. 52.21(b)(50) (“regulated NSR polluta nt”);

(ii) 40 C.F.R. 52.21(b)(51) (“reviewing authority” );

(5) 40 C.F.R. 52.21(d) (Ambient Air Ceilings);

(6) 40 C.F.R. 52.21(h) (Stack Heights);

(7) 40 C.F.R. 52.21(i) (Exemptions);

(8) 40 C.F.R. 52.21(j) (Control Technology Review) ;

(9) 40 C.F.R. 52.21(k) (Source Impact Analysis);

(10) 40 C.F.R. 52.21( l ) (Air Quality Models);

(11) 40 C.F.R. 52.21(m) (Air Quality Analysis);

(12) 40 C.F.R. 52.21(n) (Source Information);

(13) 40 C.F.R. 52.21(o) (Additional Impact Analyse s);

(14) 40 C.F.R. 52.21(p) (Sources Impacting Federal Class I Areas);

(15) 40 C.F.R. 52.21(r) (Source Obligation);

(16) 40 C.F.R. 52.21(v) (Innovative Control Techno logy);

(17) repealed 7/25/2008;

(18) repealed 7/25/2008;

(19) repealed 7/25/2008;

(20) 40 C.F.R. 52.21(aa) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 52.21(aa)(12)(ii)( a ) are also acceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combust ion of fuel;

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(ii i) also apply to owners or operators using mass balance calculations to mon itor PAL pollutant emissions fromRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

20 activities using coating or solvents or from activi ties emitting sulfur dioxide from the
combustion of fuel.

(i) From the following provisions of 40 C.F.R. 51. 165 (Permit Requirements), as revised as of July 2, 2007, text setting out provisions tha t a state implementation plan shall or may contain is adopted by reference as follows:

(1) 40 C.F.R. 51.165(a)(1) (Definitions), except a s follows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.1 4.990:

(i) 40 C.F.R. 51.165(a)(1)(i) (“stationary source” );

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“building, struct ure, facility, or installation”);

(iii) 40 C.F.R. 51.165(a)(1)(iii) (“potential to e mit”);

(iv) 40 C.F.R. 51.165(a)(1)(vii) (“emissions unit” );

(v) 40 C.F.R. 51.165(a)(1)(ix) (“fugitive emission s”);

(vi) 40 C.F.R. 51.165(a)(1)(xviii) (“construction” );

(B) the following provisions are not adopted, and the terms defined in those provisions have the meaning given in 18 AAC 5 0.990:

(i) 40 C.F.R. 51.165(a)(1)(xxxvii) (“regulated NSR pollutant”);

(ii) 40 C.F.R. 51.165(a)(1)(xxxviii) (“reviewing a uthority”);

(2) 40 C.F.R. 51.165(a)(2)(ii) (Major Modification s);

(3) 40 C.F.R. 51.165(a)(3) (Offset Credits);

(4) 40 C.F.R. 51.165(a)(4) (Fugitive Emissions);

(5) 40 C.F.R. 51.165(a)(5) (Source Obligations);

(6) 40 C.F.R. 51.165(a)(6) (Projected Actual Emiss ions);

(7) repealed 7/25/2008;

(8) repealed 7/25/2008;

(9) repealed 7/25/2008;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

21 (10) 40 C.F.R. 51.165(f) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 51.165(f)(12)(ii)(A) are also acceptable for activi ties using coating or solvents or for activities emitting sulfur dioxide from the combust ion of fuel;

(B) the requirements of 40 C.F.R. 51.165(f)(12)(ii i) also apply to owners or operators using mass balance calculations to mon itor PAL pollutant emissions from activities using coating or solvents or from activi ties emitting sulfur dioxide from the
combustion of fuel.

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of July 2, 2007, are adopted by reference, except as p rovided in 18 AAC 50.326:

(1) 40 C.F.R. 71.2 (Definitions);

(2) 40 C.F.R. 71.3 (Sources Subject to Permitting Requirements);

(3) 40 C.F.R. 71.5(a) - (c) (Permit Applications);

(4) 40 C.F.R. 71.6(a) - (f) (Permit Content);

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Rene wal, Reopenings, and Revisions); (6) 40 C.F.R. 71.8 (Affected State Review);

(7) 40 C.F.R. 71.10(d) (Delegation);

(8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Admini strative Record, Public Participation, and Administrative Review). (Eff. 1 /18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Registe r 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171 ; am 12/3/2005, Register 176; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

Editor's note : The federal standards adopted by reference in 18 AAC 50.040 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office.

The owner or operator of an affected facility subje ct to a federal emission standard that is not at a stationary source subject to a Title V per mit should contact the United States Environmental Protection Agency.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

22 18 AAC 50.045. Prohibitions. (a) A person may not dilute emissions with air t o comply with this chapter, except that dilution air may be used at a sulfur recovery plant with a maximum production rate of 20 long tons per day or less to comply with the 500 ppm sulfur dioxide requirement of 18 AAC 50.055(c).

(b) A person who owns or operates a stationary sou rce that emits an air pollutant subject to this chapter shall ensure that the stationary so urce complies with this chapter and any other applicable local, state, or federal law.

(c) A person may not construct, operate, or modify a stationary source that will result in a violation of the applicable emission standards or t hat will interfere with the attainment or maintenance of ambient air quality standards.

(d) A person who causes or permits bulk materials to be handled, transported, or stored, or who engages in an industrial activity or constru ction project shall take reasonable precautions to prevent particulate matter from being emitted in to the ambient air.

(e) Dispersion techniques may not be used to compl y with this chapter, except for compliance with 18 AAC 50.110.

(f) Subject to (g) of this section, as used in t his section, "dispersion technique" means a technique that attempts to reduce the concentration of an air pollutant in the ambient air by

(1) using that portion of a stack that exceeds goo d engineering practice stack height; (2) varying the emissions rate of an air pollutant according to atmospheric conditions or ambient concentrations of that air po llutant; or

(3) increasing exhaust gas plume rise by

(A) manipulating a source process parameter, exhau st gas parameter, or stack parameter;

(B) combining exhaust gases from several existing stacks into one stack;

or (C) other selective handling of exhaust gas stream s.

(g) The following are not dispersion techniques fo r purposes of this section:

(1) reheating a gas stream to its original dischar ge temperature after use of an emission control system;

(2) combining the exhaust gases from several stack s into one stack if the stationary source was originally designed and const ructed with combined exhaust streams;

(3) combining the exhaust gases from several stac ks into one stack, if done when an emission control system is installed and results in a net reduction in the allowable emissionsRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

23 of the controlled air pollutant; or

(4) any technique that increases the exhaust gas p lume rise if the allowable emissions of sulfur dioxide from the stationary sou rce are less than 5,000 tons per year. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust effluent of an incinerator, including an air curtai n incinerator, may not be reduced by visible emissions, excluding condensed water vapor, by more than 20 percent averaged over any six
consecutive minutes.

(b) Particulate matter emissions from an incinera tor may not exceed the particulate
matter standard listed for that incinerator in Tabl e 4 in this subsection.

Table 4. Particulate Matter Standards for Inciner ators

Incinerator Particulate Matter Standard

Rated capacity less than 1,000 pounds per hour No limit

Rated capacity greater than or equal to 1,000 but less than 2,000 pounds per hour 0.15 grains per cubic foot of exhaust gas corrected to 12 percent carbon dioxide and standard conditions, averaged over
three hours

Rated capacity greater than or equal to 2,000 pounds per hour 0.08 grains per cubic foot of exhaust gas corrected to 12 percent carbon dioxide and standard conditions, averaged over
three hours

An incinerator that burns waste containing more than 10 percent wastewater treatment plant sludgeby dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 0.65 grams per kilogram of dry sludge input

(Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

18 AAC 50.052. Emission standards for certain muni cipal solid waste landfills. Repealed. (Eff. 6/21/98, Register 146; repealed 10 /1/2004, Register 171)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

24 18 AAC 50.055. Industrial processes and fuel-burni ng equipment. (a) Visible emissions, excluding condensed water vapor, from an industrial process or fuel-burning equipment may not reduce visibility through the exh aust effluent by

(1) more than 20 percent averaged over any six con secutive minutes, except as provided in (2) - (9) of this subsection;

(2) more than 30 percent averaged over any six con secutive minutes for fuelburning equipment in operation before November 1, 1 982, and using more than 20 percent woodwaste as fuel;

(3) more than 55 percent for a urea prilling tower in operation before July 1, 1972, averaged over any six consecutive min utes, nor more than 40 percent, based on a daily 24-hour average of five-second measurements b y continuous opacity monitoring instrumentation approved by the department and that confo rms to Performance Specification Number 1 in 40 C.F.R. Part 60, Appendix B, adopted by refe rence in 18 AAC 50.040;

(4) 20 percent or greater averaged over any six co nsecutive minutes for an asphalt plant constructed or modified after June 11, 1973;

(5) 20 percent or greater averaged over any six co nsecutive minutes for process emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or modified after November 1, 1982;

(6) 10 percent or greater averaged over any six co nsecutive minutes for a pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982;

(7) 10 percent or greater averaged over any six co nsecutive minutes for process emissions, other than from a kiln, at a portland ce ment plant constructed or modified after November 1, 1982;

(8) 20 percent or greater averaged over any six co nsecutive minutes for a kiln constructed or modified at a portland cement plant after November 1, 1982; and

(9) more than 20 percent for more than three minut es in any one hour, except for an additional three minutes in any one hour for a c oal burning boiler that began operation before August 17, 1971, if

(A) the visible emissions are caused by startup, s hutdown, soot-blowing, grate cleaning, or other routine maintenance activi ties specified in an operating permit issued under this chapter;

(B) the owner or operator of the boiler monitors v isible emissions by continuous opacity monitoring instrumentation that

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

25 (ii) completes one cycle of sampling and analyzing for each successive 15-second period;

(C) the owner or operator of the boiler provides t he department with a demonstration that the particulate matter emissions from the boiler allowed by this opacity limit will not cause or contribute to a vio lation of the ambient air quality standards for PM-10 in 18 AAC 50.010, or to cause t he maximum allowable increases for PM-10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator approves a stationar y source-specific revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the op acity limit otherwise applicable under
this section.

(b) Particulate matter emitted from an industrial process or fuel-burning equipment may not exceed, per cubic foot of exhaust gas corrected to standard conditions and averaged over three hours,

(1) 0.05 grains, except as provided in (2) - (6) o f this subsection, (d) - (f) of this section, and 18 AAC 50.060;

(2) 0.1 grains for a steam generating plant fueled by

(A) coal, and in operation before July 1, 1972;

(B) coal, and rated less than 250 million Btu per hour heat input; or

(C) municipal wastes;

(3) 0.1 grains for an industrial process in operat ion before July 1, 1972, except as provided in (6) of this subsection;

(4) 0.15 grains for fuel-burning equipment in oper ation before November 1, 1982, and using more than 20 percent woodwaste as fuel;

(5) 0.04 grains for an asphalt plant constructed o r modified after June 11, 1973;

or (6) 0.04 grains for a urea prilling tower.

(c) Sulfur-compound emissions, expressed as sulfur dioxide, from an industrial process or from fuel-burning equipment may not exceed 500 p pm averaged over a period of three hours, except as provided in (d) - (f) of this section and 18 AAC 50.060.

(d) At a petroleum refinery, emissions from the fo llowing sources, constructed or modified after November 1, 1982, may not exceed the following:

(1) for a catalytic cracking unit catalyst regener atorRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

26 (A) 1.0 kilogram of particulate matter per 1,000 k ilograms of coke burnoff;

(B) 43.0 additional grams of particulate matter pe r million joules supplemental heat attributable to fuels burned in a catal yst regenerator waste heat boiler; and

(C) 500 ppm carbon monoxide by volume of exhaust g as;

(2) for a sulfur recovery plant rated at more than 20 long tons per day

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or

(B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur compounds, expressed as sulfur dioxide, at zero per cent oxygen on a dry basis, if the air pollutants are not oxidized before release to the a tmosphere; and

(3) for fuel-burning equipment, a sulfur dioxide c oncentration, averaged over three hours, equal to whichever of the following is applicable:

(A) for equipment burning only fuel gas, the conce ntration of uncontrolled emissions that would result from burning fu el gas containing 230 milligrams hydrogen sulfide per dry standard cubic meter;

(B) for fuel-burning equipment that does not burn fuel gas, 500 ppm;

(C) for fuel-burning equipment that burns a combin ation of fuel gas and other fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and o ther fuels to the total fuel burned in the equipment.

(e) At a coal preparation plant, emissions from th e following sources, if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a thermal drying unit, 70 milligrams of pa rticulate matter per cubic meter of exhaust gas at standard conditions; and

(2) for a pneumatic coal-cleaning unit, 40 milligr ams of particulate matter per cubic meter of exhaust gas at standard conditions.

(f) At a portland cement plant, emissions from the following sources, if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a clinker cooler, 0.050 kilograms of parti culate matter per 1,000 kilograms of feed on a dry basis to the kiln; and

(2) for a kiln, 0.15 kilograms of particulate matt er per 1,000 kilograms of feed on a dry basis.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

27 (g) Release of materials other than process emissi ons, products of combustion, or materials introduced to control pollutant emissions from a stack at a stationary source constructed or modified after November 1, 1982, is prohibited, except as authorized by a construction permit, Title V permit, or air quality control permit issue d before October 1, 2004. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

18 AAC 50.060. Pulp mills. Average emissions per ton of air dried pulp produ ced from a sulfite pulp mill may not exceed, in any 24-hour period,

(1) 20 pounds of sulfur oxides (expressed as sulfu r dioxide) from blow pits, washer vents, storage tanks, digester relief system s, and recovery systems; and

(2) two pounds of particulate matter from blow pit s, washer vents, storage tanks, digester relief systems, and recovery systems. (Ef f. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

18 AAC 50.065. Open burning. (a) General Requirements. Except when conducting open burning under (g), (h), or (i) of this section , a person conducting open burning shall comply with the limitations of (b) - (f) of this section a nd shall ensure that

(1) the material is kept as dry as possible throug h the use of a cover or dry
storage;

(2) before igniting the burn, noncombustibles are separated to the greatest extent practicable;

(3) natural or artificially induced draft is prese nt;

(4) to the greatest extent practicable, combustibl es are separated from grass or peat layer; and

(5) combustibles are not allowed to smolder.

(b) Black Smoke Prohibited . Except for firefighter training conducted under (h) or (i) of this section, open burning of asphalts, rubber p roducts, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other materi als in a way that gives off black smoke is prohibited without written department approval. De partment approval of open burning as an oil spill response countermeasure is subject to the dep artment's In Situ Burning Guidelines for
Alaska , adopted by reference in 18 AAC 50.035. Open burn ing approved under this subsectionRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

28 is subject to the following limitations:

(1) open burning of liquid hydrocarbons produced d uring oil or gas well flow tests may occur only when there are no practical me ans available to recycle, reuse, or dispose of the fluids in a more environmentally acceptable man ner;

(2) the person who conducts open burning shall est ablish reasonable procedures
to minimize adverse environmental effects and limit the amount of smoke generated; and

(3) the department will, in its discretion, as a c ondition of approval issued under this subsection, require public notice as described in (j) of this section.

(c) Toxic and Acid Gases and Particulate Matter Prohibi ted. Open burning or incineration of pesticides, halogenated organic com pounds, cyanic compounds, or polyurethane products in a way that gives off toxic or acidic ga ses or particulate matter is prohibited.

(d) Adverse Effects Prohibited . Open burning of putrescible garbage, animal carc asses, or petroleum-based materials, including materials c ontaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or bla ck smoke that has an adverse effect on nearby
persons or property.

(e) Air Quality Advisory . Open burning is prohibited in an area if the dep artment declares an air quality advisory under 18 AAC 50.24 5, stating that burning is not permitted in that area for that day. This advisory will be base d on a determination that there is or is likely to be inadequate air ventilation to maintain the stand ards set by 18 AAC 50.010. The department
will make reasonable efforts to ensure that the adv isory is broadcast on local radio or television.

(f) Wood Smoke Control Areas . Open burning is prohibited between November 1 an d
March 31 in a wood smoke control area identified in 18 AAC 50.025(b).

(g) Controlled Burning . Controlled burning to manage forest land, vegeta tive cover, fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires written department approval if the area to be burned exceed s 40 acres yearly. The department will, in its discretion, require public notice as described in ( j) of this section.

(h) Firefighter Training: Structures . A fire service may open burn structures for firefighter training without ensuring maximum combu stion efficiency under the following
circumstances:

(1) before igniting the structure, the fire servic e shall

(A) obtain department approval for the location of the proposed firefighter training; approval will be based on whether the pro posed open burning is likely to adversely affect public health in the neighborhood of the structure;

(B) visually identify materials in the structure t hat might contain asbestos,Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

29 test those materials for asbestos, and remove all m aterials that contain asbestos;

(C) ensure that the structure does not contain

(i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fertilizers, pestic ides, paints, glues, sealers, tars, solvents, household cleaners, or pho tographic reagents;

(iv) stored linoleum, plastics, rubber, tires, or insulated wire;

(v) hazardous waste;

(vi) lead piping;

(vii) plastic piping with an outside diameter of f our inches or

more; or (viii) urethane or another plastic foam insulation ;

(D) provide public notice consistent with (j) of t his section; and

(E) ensure that a fire-service representative is o n-site before igniting the

structure;

(2) the fire service shall ignite and conduct trai ning on only one main structure and any number of associated smaller structures at a time; examples of associated smaller structures are garages, sheds, and other outbuildin gs; and

(3) the fire service shall respond to complaints i n accordance with (k) of this
section.

(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefighter training with out ensuring maximum combustion efficiency. To conduct this training without prior written depa rtment approval, the fire service shall

(1) provide public notice consistent with (j) of t his section before burning more than 20 gallons of uncontaminated fuel, unless waiv ed in writing by the department; and

(2) respond to complaints in accordance with (k) o f this section.

(j) Public Notice . A person required to provide public notice of op en burning shall issue the notice through local news media or by other app ropriate means if the area of the open burning does not have local news media. The public notice must be issued as directed by the departmentRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

30 and must (1) state the name of the person conducting the bu rn;

(2) provide a list of material to be burned;

(3) provide a telephone number to contact the pers on conducting the burn before and during the burn;

(4) for a surprise fire drill, state

(A) the address or location of the training; and

(B) the beginning and ending dates of the period d uring which a surprise fire drill may be conducted (this period may not ex ceed 30 days); and

(5) for open burning other than a surprise fire dr ill, state the expected time, date, and location of the open burning.

(k) Complaints . A person required to provide public notice of o pen burning shall

(1) make a reasonable effort to respond to complai nts received about the burn;

(2) keep, for at least 30 days, a record of all co mplaints received about the burn, including to the extent feasible

(A) the name, address, and telephone number of eac h person who complained;

(B) a short summary of each complaint; and

(C) any action the person conducting the open burn ing took to respond to each complaint; and

(3) upon request, provide the department with a co py of the records kept under (2) of this subsection. (Eff. 1/18/97, Register 14 1)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

AS 46.03.710 AS 46.14.020 Sec. 30, ch. 74, SLA 19 93

18 AAC 50.070. Marine vessel visible emission stan dards. Within three miles of the Alaska coastline, visible emissions, excluding cond ensed water vapor, may not reduce visibility through the exhaust effluent of a marine vessel by more than 20 percent except as follows:

(1) while at berth or at anchor, visibility may be reduced by up to 100 percent for periods aggregating no more thanRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

31 (A) three minutes in any one hour; and

(B) an additional three minutes during initial sta rtup of a vessel; for purposes of this subparagraph, "initial startup" in cludes the period during which a vessel is testing equipment in preparation to casting off or weighing anchor;

(2) during the hour immediately after weighing anc hor or casting off, visibility may be reduced under one, but not both, of the foll owing options:

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour;

(3) during the hour immediately before the complet ion of all maneuvers to anchor or make fast to the shore, visibility may be reduce d under one, but not both, of the following options: (A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; and

(4) at any time not covered by (1) - (3) of this s ection, visibility may be reduced by up to 100 percent for periods aggregating no mor e than three minutes in any one hour. (Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010

18 AAC 50.075. Wood-fired heating device visible e mission standards. (a) A person may not operate a wood-fired heating device in a ma nner that causes

(1) black smoke; or

(2) visible emissions that exceed 50 percent opaci ty for more than 15 minutes in any one hour in an area for which an air quality ad visory is in effect under 18 AAC 50.245.

(b) A person may not operate a wood-fired heating device in an area for which the department has declared an air quality episode unde r 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control ar ea identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a pr ovision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the pr ovisions of the Ordinance of the City and Borough of Juneau, Alaska, Serial No. 91-52, adopte d by reference in 18 AAC 50.030. (Eff. 1/18/97, Register 141)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

32 Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

18 AAC 50.080. Ice fog standards. The department will, in its discretion, require a person who proposes to build or operate an industri al process, fuel-burning equipment, or incinerator in an area of potential ice fog to obta in a permit and to reduce water emissions. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010

18 AAC 50.085. Volatile liquid storage tank emissi on standards. (a) The owner, operator, or permittee of a volatile liquid storage tank located in the Port of Anchorage that has a volume of 9,000 barrels (378,000 gallons) or more s hall reduce organic vapors emitted to the atmosphere by using

(1) an internal floating roof installed before Jun e 1, 1992;

(2) an internal floating roof that meets the speci fications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.04 0;

(3) a closed vent system and control device that c ollects and reduces organic vapors emitted to the atmosphere by at least 95 per cent (six-hour average), as specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030; or

(4) a system that the department determines is as effective as those described in (2) or (3) of this subsection, using procedures in the document referred to in (3) of this subsection.

(b) The owner, operator, or permittee of a volatil e liquid storage tank with an internal floating roof described in (a)(1) of this section s hall reduce organic vapors emitted to the atmosphere by modifying the seals and fittings to m eet the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.04 0, no later than the first time after June 1, 1995 that the tank is emptied and degassed.

(c) The owner, operator, or permittee of a volatil e liquid storage tank that is located in the Port of Anchorage, that has a volume equal to o r greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described in (a)(1) - (4) of this section, shall, no later th an the first time on or after June 1, 1995 that the tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by installing conservation vents on the tank as specified in the document referred to in (a)(3) of this section.

(d) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in th e document referred to in (a)(3) of this sectionRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

33 to determine compliance with this section. In acco rdance with those procedures, the owner, operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equ ipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all in spections and repairs; and

(4) keep records of those inspections and repairs for at least five years. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

Editor's note : A complete description of the Port of Anchorage is in the state air quality control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.090. Volatile liquid loading racks and d elivery tank emission standards. (a) The owner, operator, or permittee of a statio nary source that is located in the Port of Anchorage and that has a volatile liquid loading ra ck with a design throughput of 15 million gallons (357,143 barrels) or more per year shall re duce organic vapors emitted to the atmosphere by (1) operating a vapor collection system and liquid product loading equipment that

(A) loads volatile liquid through the bottom of th e delivery tank or through a submerged loading arm that extends to wit hin six inches of the bottom of the delivery tank;

(B) collects all organic vapors displaced during t he loading of vapor-laden delivery tanks;

(C) prevents any organic vapors collected at one d elivery tank loading position from passing to another delivery tank load ing position;

(D) processes the vapors collected under (B) of th is paragraph with

(i) a control device that emits no more than 10 mi lligrams of organic vapors per liter of volatile liquid loaded (six-hour average); or

(ii) a system that the department determines is as effective as the control device described in (i) of this subparagrap h; in making a determination under this clause, the department will use the proc edures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference inRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

34 18 AAC 50.030;

(E) prevents the gauge pressure in any delivery ta nk connected to the vapor collection system from exceeding 18 inches of water; and

(F) does not contain a pressure relief valve desig ned to open at a gauge pressure of less than 18 inches of water, except th at for a system using vapor balancing to a storage tank, a pressure relief valve on the stor age tank or on any portion of the vapor collection system between a storage tank and the co ntrol device may be designed to open at a gauge pressure less than 18 inches of water, b ut may not open at the normal system operating pressure;

(2) preventing the loading of liquid product into any vapor-laden delivery tank
unless the tank (A) is connected to a vapor collection system that meets the requirements of (1) of this subsection; and

(B) has been certified vapor-tight under (b) of th is section within the preceding 12 months; and

(3) preventing leaks in the vapor collection syste m or liquid loading equipment that result in the release of a volatile liquid org anic or a volatile organic vapor in a concentration exceeding 10,000 ppm by volume, measured as methane

.

(b) The owner or operator of a delivery tank that is to be loaded with volatile liquid at a loading rack described in (a) of this section shall

(1) perform annual tests to certify that the deliv ery tank is vapor-tight; the owner or operator shall perform an annual test in accorda nce with 40 C.F.R. Part 60, Appendix A-8, Method 27, adopted by reference in 18 AAC 50.040(a) , except that

(A) the time period of the pressure test (t) is five mi nutes;

(B) the initial pressure (P) is 450 millimeters, or 17. 7 inches, of water;

(C) the allowable pressure change is 75 millimeters, or three inches, of water; and (D) the test shall be performed for the volatile liquid as it would be for gasoline;

(2) mark the delivery tank with the month and year that the tank was last certified vapor-tight according to the test required under (1 ) of this subsection as follows;

(A) for a delivery tank this is the tank portion of a t ank truck or tank trailer, the delivery tank must be marked in accord ance with the requirements of 49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

35 (B) for a delivery tank that is the tank portion of a r ail tank car,

(i) the delivery tank must be marked with letters and n umerals at least four inches high;

(ii) the color of the letters and numerals must contrast with the color of the tank;

(iii) the delivery tank must be marked on both sides; a m arking need not appear in an exact location; however, each marking must be clearly visible;

(iv) the marking must be “V – month/year”;

(3) provide the owner, operator, or permittee of t he loading rack with a copy of the most recent test results under (1) of this subs ection; and

(4) keep a copy of the most recent test results wi th the delivery tank.

(c) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in th e department's Air Quality Compliance Certification Procedures for Volatile Liquid Storag e Tanks, Delivery Tanks, and Loading Racks

, adopted by reference in 18 AAC 50.030, to determine compliance with this section. In accordance with those procedures, the owner, operat or, or permittee shall

(1) periodically inspect air pollution control equ ipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all in spections and repairs; and

(4) keep records of all inspections and repairs fo r at least five years. (Eff. 1/18/97, Register 141; am 10/1/2004, Registe r 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

Editor's note : A complete description of the Port of Anchorage is in the state air quality control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.100. Nonroad engines. The actual and potential emissions of nonroad engines are not included when determining the class ification of a stationary source or modification under AS 46.14.130. Nothing in this section e xempts nonroad engines from compliance with other applicable air pollution control require ments. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

36 Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

AS 46.14.020

18 AAC 50.110. Air pollution prohibited. No person may permit any emission which is injurious to human health or welfare, animal or plant life, or property, or which would unreasonably interfere with the enjoyment of life o r property. (Eff. 5/26/72, Register 42)

Authority: AS 46.03.020 AS 46.03.710Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

37 Article 2. Program Administration

.

Section 200. Information requests 201. Ambient air quality investigation
205. Certification 210. (Repealed) 215. Ambient air quality analysis methods
220. Enforceable test methods 225. Owner-requested limits 230. Preapproved limits 235. Unavoidable emergencies and malfunctions
240. Excess emissions 245. Air episodes and advisories 250. Procedures and criteria for revising air qual ity classifications
260. Guidelines for best available retrofit techno logy under the regional haze rule

18 AAC 50.200. Information requests. If requested by the department to determine compliance with AS 46.03, AS 46.14, and this chapte r, the owner, operator, or permittee of a stationary source shall maintain records of, and re port to the department information on, the nature and amount of emissions from the stationary source and other information designated by the department. (Eff. 1/18/97, Register 141; am 10 /1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

AS 46.14.020

18 AAC 50.201. Ambient air quality investigation . (a) Upon a finding by the department that emissions from an existing stationa ry source have a reasonable likelihood of causing or significantly contributing to ambient co ncentrations of one or more air pollutants that exceed an ambient air quality standard, maximum all owable increase, or the limitations of 18 AAC 50.110, the department may require the owner , operator, or permittee to evaluate the effect of the stationary source’s emissions of thos e air pollutants on ambient air or on the
limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 18 AAC 50.540, this section, or prior equivalent re gulations, and deemed complete by the department, must satisfy the evaluation requirement s of this section, and any prior analysis must accurately represent the stationary source’s emissi ons.

(b) Based on an evaluation submitted under (a) of this section or other information in the department's possession and subject to AS 46.14.010 (e), the department may require an existing stationary source to reduce emissions or implement another control strategy to reduce the ambient impact of those emissions as necessary to e nsure that the concentration of air pollutants
in the ambient air does not exceed the ambient air quality standards, maximum allowable increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed as a source-specific permit condition or as a regul ation. Before imposing a reduction or control strategy, the department will consult with the affe cted owner, operator, or permittee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given theRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

38 costs of determining an equitable allocation, any e mission reduction or control strategy imposed under this section will be equitably allocated amon g stationary, mobile, and area sources and source categories based upon their relative contrib ution to the ambient impacts of concern, the cost of additional controls, and other equitable fa ctors.

(c) When determining whether to impose a reduction or control strategy under (b) of this section, the department will consider the uncertain ties of ambient air quality analysis, the costs and benefits of resolving the uncertainties, the na ture of the ambient impact area, and the proximity and magnitude of adjacent impacts.

(d) The provisions of this section do not apply if the area affected by the emissions of an air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015.

(e) The provisions of this section do not limit th e department’s ability to require or conduct ambient air quality analysis or control und er the construction permit program established under AS 46.14.120 and this chapter. (Eff. 1/18/97 , Register 141; am 10/1/2004, Register 171)

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

AS 46.14.020 AS 46.14.120

18 AAC 50.205. Certification. (a) Any permit application, report, affirmation, or compliance certification required by the department un der a permit program established under AS 46.14 or this chapter must include the signature of a responsible official for the permitted stationary source following the statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements a nd information in and attached to this document are true, accurate, and complete."

(b) The department may accept an electronic signat ure on an electronic application or other electronic record required by the department under a permit program established under AS 46.14 or this chapter if

(1) a certifying authority registered under AS 09. 25.510 verifies that the electronic signature is authentic; and

(2) the person providing the electronic signature has made an agreement, with the certifying authority described in (1) of this subse ction, that the person accepts or agrees to be bound by an electronic record executed or adopted w ith that signature. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140

AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 19 93

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

39 18 AAC 50.215. Ambient air quality analysis method s. (a) A person who submits meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall
obtain the data in accordance with

(1) the department's Alaska Quality Assurance Manual For Ambient Air Qua lity Monitoring , adopted by reference in 18 AAC 50.030, for PM-10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sul fur dioxide, and ammonia;

(2) a reference method or an equivalent method des cribed in 40 C.F.R Part 50, Appendices D and H, adopted by reference in 18 AAC 50.035(b), for ozone;

(3) EPA’s Meteorological Monitoring Guidance for Regulatory M odeling Applications , adopted by reference in 18 AAC 50.035(a), for met eorological data; or

(4) an alternative method that is representative, accurate, verifiable, capable of replication, and approved by the department.

(b) Except as provided in (c) and (e) of this sect ion, a person who submits an analysis performed to predict ambient air quality conditions shall

(1) ensure that estimates of ambient concentration s and impairment to visibility are based on applicable air quality models, databas es, and other requirements specified in 40 C.F.R. Part 51, Appendix W (Guideline on Air Qua lity Models), adopted by reference in 18 AAC 50.040(f); and

(2) for comparing predicted or measured ambient co ncentrations of an air pollutant to a maximum allowable increase establish ed under 18 AAC 50.020(b)(2), exclude

(A) concentrations attributable to a temporary con struction activity for a new or modified source; and

(B) the increase in concentrations attributable to new sources outside the
United States over the concentrations attributable to existing sources included in the
baseline concentration.

(c) Except as provided in (e) of this section, a p erson may substitute or modify an air quality model referenced in (b)(1) of this section only after

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), Section 3.2.2 (Use of Alternat ive Models – Recommendations), adopted by reference in 18 AAC 50.040(f), that the alternative air quality model is more appropriate than a preferred air quality model; and

(2) obtaining approval from the regional administr ator and the commissioner.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

40 (d) Table 5 establishes the significant impact lev el, expressed as micrograms per cubic meter, for each pollutant and averaging time. If t he ambient impacts from emissions from a stationary source or modification are less than the concentrations in Table 5, the emissions are
not considered to cause or contribute to a violatio n of an ambient air quality standard or
maximum allowable increase for a Class II area.

Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic mete r)

Annual Averaging time (hours)

24 8 3 1

Sulfur

dioxide 1.0 5 N/A 25 N/A

PM-10 1.0 5 N/A N/A N/A

Nitrogen

dioxide 1.0 N/A N/A N/A N/A

Carbon

monoxide N/A N/A 500 N/A 2,000

Note to Table 5: In this table, “N/A” means not app licable.

(e) A person may use the SCREEN3 dispersion model , without meeting the requirements of (c) of this section, if the analysis conducted w ith SCREEN3 is consistent with EPA’s
SCREEN3 Model User’s Guide and Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised , adopted by reference in 18 AAC 50.035(a). (Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.140 Sec. 30, ch. 74, SLA 1 993

AS 46.14.030 AS 46.14.180

18 AAC 50.220. Enforceable test methods . (a) The department may require an owner, operator, or permittee to conduct air pollutant emi ssion tests to determine compliance with AS 46.14 and this chapter. If an applicable emissi on standard, permit provision, or other requirement specifies a time period within which te sting must be completed, the owner, operator, or permittee shall conduct the testing within the s pecified period regardless of whether the department explicitly calls for testing under this subsection.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

41 (b) Unless otherwise specified by an applicable re quirement or test method, an air pollutant emission test must be performed

(1) at a point or points that characterize the act ual discharge into the ambient air;
and (2) at the maximum rated burning or operating capa city of the emission unit or another rate determined by the department to charac terize the actual discharge into the ambient
air. (c) Reference test methods to be used by the owner , operator, or permittee for an applicable requirement of AS 46.14 or this chapter are as follows:

(1) except as provided in (2) of this subsection,

(A) source testing for compliance with requirement s adopted by reference in 18 AAC 50.040(a) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040(a);

(B) source testing for compliance with requirement s adopted by reference in 18 AAC 50.040(b) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 61, adopted by reference in 18 AAC 50.040(b);

(C) source testing for compliance with requiremen ts adopted by reference in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040(c);

(D) source testing for reduction in visibility thr ough the exhaust effluent must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air Quality Visible Emissions Evaluation Procedures," o f the state air quality control plan, adopted by reference in 18 AAC 50.030;

(E) source testing for emissions of total particul ate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, fluorides, sulfuric acid mist, municipal waste comb ustor organics, metals, and acid gases must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040; and

(F) source testing for emissions of PM-10 must fol low the procedures set out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 50.035;

(2) emissions of any air pollutant may be determin ed using an alternative method approved by the department in accordance with Metho d 301 in Appendix A to 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040(c); and

(3) standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus t he excess air volume normal for the specific source type, corrected to standard conditions.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

42 (d) In deciding whether to require a test under (a ) of this section, the department will
consider (1) the compliance status of the emission unit and the margin of compliance with each applicable requirement as demonstrated by prio r compliance tests or other reasonably accurate data or calculations;

(2) the potential variability of emissions from th e stationary source; and

(3) the date and results of prior compliance tests , if any.

(e) The owner, operator, or permittee shall submit the results of testing conducted under this section as required by Vol. 3., sec. IV-3, App endix IV-3, of the state air quality control plan, adopted by reference in 18 AAC 50.030.

(f) In source testing for compliance with the part iculate matter standards in 18 AAC 50.050 or 18 AAC 50.055, the three-hour aver age is determined using the average of
three one-hour test runs. The source test must acc ount for those emissions caused by soot blowing, grate cleaning, or other routine maintenan ce activities by ensuring that at least one test run includes the emissions caused by the routine ma intenance activity and is conducted under conditions that lead to representative emissions fr om that activity. The emissions must be

quantified using the following equation:
Where: E = the total particulate emissions of the source i n grains per dry standard

cubic foot (gr/dscf).

E M = the particulate emissions in gr/dscf measured du ring the test that included the routine maintenance activity.

E NM = the arithmetic average of particulate emissions in gr/dscf measured by the
test runs that did not include routine maintenance activity. A = the period of routine maintenance activity occu rring during the test tun that included routine maintenance activity, expressed t o the nearest hundredth
of an hour. B = the total period of the test run, less A. R = the maximum period of source operation per 24 h ours, expressed to the
nearest hundredth of an hour. S = the maximum period of routine maintenance activ ity per 24 hours, expressed to the nearest hundredth of an hour. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 19 93            

A x R BS

- R S)
- (R E + A x R S

x B) + (A E = E NM

MRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

43 18 AAC 50.225. Owner-requested limits. (a) The owner or operator of an existing or proposed stationary source may request an enforceab le limit on the ability to emit air pollutants. A limitation approved under this section is an enfo rceable limitation for the purpose of determining (1) stationary source-specific allowable emissions ; and

(2) a stationary source’s potential to emit.

(b) To request approval under this section of limi ts on the ability to emit, the owner or operator shall submit to the department

(1) a completed stationary source identification f orm;

(2) a list of all emission units at the stationary source;

(3) a calculation of the stationary source’s actua l emissions and potential to emit air pollutants;

(4) a description of each proposed limit, includin g for each air pollutant a
calculation of the effect the limit will have on th e stationary source's potential to emit and the allowable emissions;

(5) a description of a verifiable method to attain and maintain each limit, including monitoring and recordkeeping requirements ;

(6) citation to each requirement that the person s eeks to avoid, including an explanation of why the requirement would apply in t he absence of the limit and how the limit allows the person to avoid the requirement;

(7) if applying all limits does not avoid all perm it classifications under AS 46.14 and this chapter, a description, and if necessary a n application, for the remaining classifications;

(8) a statement that the owner or operator of the stationary source will be able to comply with each limit; and

(9) a certification, bearing the signature of the person requesting the limits, that
states: "Based on information and belief formed aft er reasonable inquiry, I certify that the statements and information in this request are true , accurate, and complete.

(c) Within 30 days after receiving a request under (b) of this section, the department will

(1) make a preliminary decision to approve the req uest; or

(2) deny the request and notify the owner or opera tor of the reasons for the denial.

(d) If the department makes a preliminary decision to approve a request under (c) of this section, the department will solicit public comment on the preliminary decision as follows:Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

44 (1) the department will publish a notice in a news paper of general circulation within the area where the stationary source is or w ill be located; the department will publish this notice in two consecutive issues of the newspaper a nd in other media the department considers appropriate; the notice will include

(A) the name and address of the applicant and the location or proposed location of the stationary source;

(B) a summary describing the proposed limit, inclu ding reference to the requirement that the limit avoids;

(C) a statement that the department will accept public comment on the proposed limit for 30 days after first publishing n otice; and

(D) the name and address of the person to whom com ments should be

sent;

(2) the department will make available for public review, in at least one location within the area affected by the stationary source, the materials submitted by the owner or operator and a copy of the proposed limit;

(3) the department, upon its own motion or upon a request made in accordance with 18 AAC 15.060, will hold a public hearing on t he application as described in 18 AAC 15.060(d) - (h); and

(4) the department will accept public comments and testimony on the proposed limit for 30 days after publishing the notice requi red by (1) of this subsection; if the department
determines additional time is needed to allow full public participation, it will

(A) extend the public comment period by up to an a dditional 60 days; and

(B) publish notice of the extension as provided un der (1) of this subsection.

(e) After the public comment period provided un der (d) of this section, the department will consider the comments received during the publ ic comment period and will make a final decision whether to approve, approve with condition s, or deny the request for cause. This final decision, or a decision to deny the request under ( c)(2) of this section, is a permit action for the purpose of review under AS 46.14.200. The absence of a department decision within 30 days after the close of the public comment period provid ed in (d) of this section will be considered a permit action to deny the request for the purpose o f review under AS 46.14.200.

(f) If the department approves a request for a lim it, it will issue a letter of approval that

(1) describes the terms and conditions of the appr oval, including specific testing, monitoring, recordkeeping, or reporting requirement s;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

45 (2) lists all equipment covered by the approval;

(3) describes the requirement that the limit allow s the owner or operator to avoid;
and (4) contains the statement "I understand and agree to the terms and conditions of this approval" followed by a space for the owner's or operator's signature.

(g) A limit approved under this section becomes ef fective the day after the department receives a copy of the letter of approval bearing t he owner's or operator's signature in the space provided. On and after the date the limit becomes effective and until the limit is revised or revoked under (h) of this section, the owner and op erator shall comply with all terms and conditions of the approval.

(h) The owner or operator may request the departme nt to revise the terms or conditions of the approval issued under this section by submit ting a new request under (b) of this section. The owner or operator may request the department to revoke the approval in writing by explaining the reason for the request and applying for each permit listed in the original approval under (f) of this section as if the limit had never been approved. The limit remains in effect until the owner or operator

(1) obtains a new limit that allows the owner or o perator to continue to avoid the requirement; or

(2) for a request to revoke the limit, obtains any permit that was avoided, and complies with any other requirement that was avoide d. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 1/29/2 005, Register 173; am 7/25/2008, Register 187)

Authority: AS 46.14.020 AS 46.03.020 AS 46.14.140

AS 46.14.030 AS 46.14.120

18 AAC 50.230. Preapproved emission limits . (a) This section sets out limits for certain stationary sources that become effective th e day after the department receives a request containing all the required information. Under the se "preapproved" emission limits or PAELs, no additional department approval is required. The owner and operator shall comply with the
limit while that limit is in effect. The limit rem ains in effect until revoked in accordance with (e)
of this section.

(b) The owner or operator of a stationary source c ontaining one or more emission units described in (c) or (d) of this section may request that the preapproved limits in those subsections be applied to that stationary source. To make the request, the owner or operator shall submit to the department the information required for the lim it requested.

(c) Limits on the allowable emissions of, or poten tial to emit, nitrogen oxides from diesel engines may be established by restricting the amoun t of fuel that may be burned in an engine. ToRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

46 implement these limits, the owner or operator shall

(1) submit to the department a letter or form cont aining

(A) the name and address of the stationary source to which the limits will apply;

(B) a list of all diesel engines at the stationary source to which the limits will apply, including the model and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operator will be limited to use in the equipment listed in ( B) of this paragraph in any consecutive 12 months;

(D) a calculation of the nitrogen oxides, in tons per year, that the equipment listed in (B) of this paragraph would have the potential to emit if subjected to the limits on fuel use proposed under (C) of this parag raph, determined by dividing the number provided under (C) of this paragraph by 3,30 9;

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, from all emission units at the stationary source th at are not listed under (B) of this paragraph; (F) a calculation of the stationary source’s total potential to emit nitrogen oxides, determined by adding the values derived und er (D) and (E) of this paragraph;

(G) a list setting out each of the conditions requ ired under (2) of this subsection; (H) a certification bearing the owner's or operato r's signature stating that

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this req uest is true, accurate, and complete"; and

(ii) the owner or operator fully understands the c onditions required under (2) of this subsection and agrees to those co nditions in order to limit nitrogen oxide emissions from the equipment listed under (B) of this paragraph to no more than the value calculated under (D) of this paragraph; and

(I) the administration fee in 18 AAC 50.400(k)(2); and

(2) agree to

(A) limit the quantity of fuel burned in the equip ment listed under (1)(B) of this subsection during any consecutive 12 months to no more than the amount proposed under (1)(C) of this subsection;

(B) record the amount of fuel consumed in the equi pment listed underRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

47 (1)(B) of this subsection each month and calculate the total fuel consumed in the equipment during the preceding 12 months;

(C) keep all receipts for fuel purchases and all r ecords and calculations under (B) of this paragraph available for departmen t inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy of the records and calculations required by (B) of this paragraph for the preceding year.

(d) The owner or operator of a gasoline distributi on facility may limit the maximum daily throughput of gasoline for the stationary source to less than 19,900 gallons. If the limit in this subsection is applied, the department will consider the stationary source to be a bulk gasoline plant under the standards adopted by reference in 1 8 AAC 50.040(a)(2)(M) and (AA). The owner or operator shall

(1) submit to the department a letter or form cont aining

(A) the name and address of the stationary source to which the limit will apply;

(B) a list of each tank containing gasoline at the stationary source, including the working capacity of each tank;

(C) a list of the conditions required under (2) of this subsection; and

(D) a certification bearing the signature of the o wner or operator stating
that (i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this req uest is true, accurate, and complete"; and

(ii) the owner or operator fully understands the c onditions required under (2) of this section and agrees to those condi tions in order to be classified as a bulk gasoline plant; and

(E) the administration fee in 18 AAC 50.400(k)(3); and

(2) agree to

(A) limit the quantity of gasoline transferred fro m tanks at the stationary source each day to less than 19,900 gallons;

(B) record the amount of gasoline transferred from tanks at the stationary source each day;

(C) keep all receipts for fuel sales and all recor ds under (B) of this paragraph available for department inspection for a t least five years; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

48 (D) no later than January 31 of each year, submit to the department a copy of the records required by (B) of this paragraph fo r the preceding year.

(e) The owner or operator may terminate a limit un der this section by notifying the department, in writing, of the proposed date for te rmination of the limit. On and after the proposed date, the limit is no longer in effect unl ess the limit made it possible for the owner or operator to avoid any preconstruction review proced ures or to avoid the requirement for an operating permit. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in eff ect until the owner or operator obtains

(A) a new construction permit under this chapter a s if the limit had never existed; or

(B) under this section, 18 AAC 50.225, or 18 AAC 5 0.508, a new limit that allows the owner or operator to continue to av oid preconstruction review; or

(2) did not make it possible to avoid preconstruct ion review, but made it possible to avoid a Title V permit or minor permit to operat e, the limit remains in effect until the owner or operator obtains (A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classifie d in 18 AAC 50.508, a new limit that allows the owner or operator to cont inue to avoid the need for the permit. (Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46; am 10/1/2004, Register 171; am 1/29/2005, Register 173)

Authority: AS 44.46.025 AS 46.14.030 AS 46.14.170

AS 46.03.020 AS 46.14.120 AS 46.14.180
AS 46.14.010 AS 46.14.130 AS 46.14.240
AS 46.14.020

18 AAC 50.235. Unavoidable emergencies and malfunc tions . (a) If an unavoidable emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based emission standard, the owner, operator, or permitte e shall

(1) take all reasonable steps to minimize levels o f emissions that exceed the standard; and

(2) give written notice to the appropriate departm ent office within two working days after the event commenced or was discovered; n otice under this paragraph must include a description of the event, the cause of the event, s teps taken to mitigate emissions, and corrective
measures taken or to be taken.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

49 (b) A person who asserts the affirmative defense r ecognized in AS 46.14.560 must
demonstrate that

(1) an unavoidable emergency, malfunction, or nonr outine repair of an emission unit occurred, and the person can identify the caus e;

(2) the stationary source was being properly opera ted when the event described in (1) of this subsection occurred; and

(3) the person took the steps required under (a) o f this section.

(c) In any enforcement action, the person seeking to assert the affirmative defense under AS 46.14.560 and this section has the burden of pro of.

(d) For the purposes of this section, an emergency or malfunction is unavoidable

(1) if it arises from a sudden and reasonably unfo reseeable event beyond the person's control, including an act of God, that req uires immediate corrective action to restore normal operation; and

(2) to the extent it was not the result of imprope r design, lack of preventive maintenance, careless or improper operation, or ope rator error. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

18 AAC 50.240. Excess emissions. (a) In an enforcement action, the owner, operator, or permittee has the burden of proving that excess emissions were unavoidable. This demonstration is a condition to obtaining relief un der (d), (e), and (f) of this section.

(b) Excess emissions determined to be unavoidable under this section will be excused and are not subject to penalty. This section does not limit the department's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential thre at to human health or safety or that the owner, operator, or permittee believes to be unavoi dable must be reported to the department as soon as possible. Unless otherwise specified in th e stationary source's permit, other excess emissions must be reported within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission mo nitoring report, whichever is sooner. If requested by the department, the owner, operator, o r permittee shall submit a full written report that includes the known causes, the corrective acti ons taken, and the preventive measures to be
taken to minimize or eliminate the chance of recurr ence.

(d) Excess emissions due to startup or shutdown wi ll be considered unavoidable if the owner, operator, or permittee reports them as requi red under (c) of this section and demonstrates
thatRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

50 (1) the excess emissions could not have been preve nted through careful planning and design; and

(2) if a bypass of control equipment occurred, the bypass was necessary to prevent loss of life, personal injury, or severe pr operty damage.

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as requi red under (c) of this section and demonstrates
that the excess emissions could not have been avoid ed through reasonable design, better scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be conside red unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that

(1) the event was not caused by poor or inadequate design, operation, or maintenance or by any other reasonably preventable condition;

(2) the event was not of a recurring pattern indic ative of inadequate design, operation, or maintenance; and

(3) when the operator knew or should have known th at an emission standard or permit condition was being exceeded, the operator t ook immediate and appropriate corrective action in a manner consistent with good air polluti on control practice for minimizing emissions during the event, taking into account the total emi ssions impact of the corrective action, including slowing or shutting down the source as ne cessary to minimize emissions.

(g) A demonstration under (d), (e), or (f) of this section must be supported by records made at the time the excess emissions occurred. (E ff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560
AS 46.14.030

18 AAC 50.245. Air episodes and advisories. (a) The department may declare an air episode and prescribe and publicize curtailment act ion if the concentration of an air pollutant in the ambient air has reached, or is likely in the im mediate future to reach, any of the
concentrations established in Table 6 in this subse ction.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

51 Table 6. Concentrations Triggering an Air Episode

Episode Type Air Pollutant Concentration in micrograms per cubic meter {and in ppm where applicable}

Air alert Sulfur dioxide 365 (24-hour average) {0.14 ppm}

PM-10 150 (24-hour average)

PM-10 from wood burning (wood smoke control areas) 92 (24-hour average)

Carbon monoxide 10,000 (8-hour average) {8.7 ppm}

Air warning Sulfur dioxide 800 (24-hour average) {0.31 ppm}

PM-10 350 (24-hour average)

Carbon monoxide 17,000 (8-hour average) {15 ppm}

Air emergency Sulfur dioxide 1,600 (24-hour average) {0.61 ppm}

PM-10 420 (24-hour average)

PM-10 from wood burning (wood smoke control areas) During an air alert, a concentration measured or predicted to exceed 92 (24-hour average), and to continue to increase beyond the concentration that triggered the air alert

Carbon monoxide 34,000 (8-hour average) {30 ppm}

(b) The department will declare an air quality advisory if, in its judgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declares an air quality advi sory under (b) of this section, the department willRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

52 (1) request voluntary emission curtailments from a ny person issued a permit under this chapter whose stationary source’s emissi ons might impact the area subject to the advisory; and

(2) publicize actions to be taken to protect publi c health. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

18 AAC 50.250. Procedures and criteria for revisin g air quality classifications. (a) Except for the Class I areas identified in 18 AAC 5 0.015(c), the class of any geographical area of
the state can be revised. This section sets out th e procedures and criteria for revising an air quality classification.

(b) A geographic area that exceeds 10,000 acres an d is one of the following may be classified only as Class I or Class II:

(1) a national park or national wilderness area es tablished after August 7, 1977;

or (2) a national monument, national primitive area, national preserve, national recreation area, national wild and scenic river, na tional wildlife refuge or range, or a national
lakeshore or seashore.

(c) The department will, on its own motion, or upo n receipt of a petition under AS 44.62.220, propose to change the air quality cla ssification of a geographical area. The department will, in its discretion, combine or coor dinate any public meetings or hearings conducted under (e) of this section with those cond ucted under AS 44.62.180 - 44.62.290. The department will make the report prepared under (d) of this section available to the public during the public comment period provided under AS 44.62.2 10.

(d) Before proposing a change to a geographic air quality classification, the department will prepare, and a person submitting a petition un der AS 44.62.220 must provide, a report that
includes (1) an accurate description of the boundaries of t he geographic area for which the change in air quality classification is proposed;

(2) the classification in effect for the area and the proposed classification;

(3) a statement of the reasons why the change to t he air quality classification is proposed and is in the public interest;

(4) a detailed evaluation of new emissions and amb ient air quality impacts expected to occur in the area to be reclassified an d in adjacent areas as a result of a modification to a stationary source in that area or from constru ction and operation of a new stationary source
in that areaRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

53 (A) for which a complete permit application under AS 46.14.160 is pending before the department at the time the repor t is prepared; or

(B) that has been proposed, would be subject to th is chapter and AS 46.14.120 or 46.14.130, and could not be permitt ed under those provisions without a change in the air quality classification for the ar ea;

(5) an evaluation of the effects on air quality in other geographic areas classified in 18 AAC 50.015(c) of any proposed new or modified stationary source in the area to be reclassified; and

(6) a detailed analysis of the health, environment al, economic, social, and energy effects of the proposed reclassification.

(e) Before the commissioner will adopt an amendmen t to 18 AAC 50.015(c) that changes the air quality classification of an area of the st ate,

(1) for any change,

(A) the federal administrator must have approved t he change;

(B) the department must have conferred with the el ected leadership of local and other substate general purpose government s in the area covered by the proposed redesignation;

(C) the department must have notified each affecte d federal land manager of the proposed change and provided at least 30 day s to comment on the report described in (d) of this section;

(D) the department must have published in a newspa per of general circulation in the state a summary of the comments and recommendations of any affected federal land manager received under (B) of this par agraph and an explanation of the reasons for implementing a change that is inconsist ent with the recommendations of the federal land manager; and

(E) the commissioner must have determined that

(i) the health, environmental, economic, social, an d energy effects of the change are in the public interest; and

(ii) implementing the change will not cause or con tribute to a violation of the ambient air quality standards or m aximum allowable increase;

(2) for any change to the classification of lands within the exterior boundary of a reservation of a federally-recognized Indian tribe, the governing body of the tribe must have approved the change; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

54 (3) for a reclassification of an area to Class III , the change must meet the applicable requirements of 42 U.S.C. 7474, adopted by reference as amended through December 19, 1996.

(f) In this section, “federal land manager” has th e meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and ad opted by reference. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030

AS 44.62.220 AS 46.03.020

18 AAC 50.260 Guidelines for best available retrofit technology u nder the regional
haze rule (a) For the purposes of this section, the followin g are adopted by reference:

(1) 40 C.F.R. 51.301(Definitions), revised as of July 1, 2007, except that

(A) “fugitive emissions” has the meaning given in A S 46.14.990;

(B) “major stationary source” has the meaning give n in AS 46.14.990 and
18 AAC 50.990:

(C) “potential to emit” has the meaning given in A S 46.14.990;

(D) “stationary source” has the meaning given in A S 46.14.990;

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under the regional haze rule), as revised as of July 1, 2 007.

(b) Sources subject to BART shall be identified c onsistent with Section III of the BART guideline. No later than 5 days after December 30, 2007, the Department shall notify the owner or operator of each source subject to BART in writi ng and shall identify the affected Class I areas. A notice provided to the owner or operator prior to December 30, 2007 shall satisfy this obligation. Unless the department exempts a source in accordance with Section III of the BART guideline, each source subject to BART shall comply with (d) through (h) and ( l ) through (o) of
this section.

(c) An owner or operator notified under (b) of thi s section may request an exemption from BART. Exemptions from BART approved by the de partment in writing prior to December 30, 2007 shall have the same effect as those approv ed under this subsection. An exemption from BART must be requested and processed as follows:

(1) the owner or operator shall:

(A) notify the department no later than 10 days af ter the latter of December 30, 2007 or notification under (b) of this section that they intend to requestRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

55 exemption from BART through visibility impact analy sis modeling; and

(B) submit, no more than 30 days after the later of December 30, 2007 or the date of the department’s notice under (b) of th is section, a visibility impact analysis modeling protocol that will meet the requirements o f (h)(3) of this section for refined visibility impact analysis modeling:

(2) no later than 30 days after receiving a submis sion under (1)(B) of this subsection, the department will:

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify th e owner or operator of the reasons for the disapproval;

(3) upon approval of the modeling protocol, the ow ner or operator shall

(A) conduct a visibility impact analysis in accorda nce with (h)(3) of this section; and

(B) submit the visibility impact analysis report, i ncluding all supporting documentation, to the department no later than 60 d ays after the department approves a modeling protocol for the visibility impact analysi s; if a modeling protocol is submitted and approved prior to December 30, 2007, the visibi lity impact analysis report required
under this section shall be submitted no later than 90 days after December 30, 2007;

(4) the department will approve an exemption if th e owner or operator meets the requirements of (1) and (3) of this subsection and the information submitted ad equately demonstrates that the BART-eligible source is not r easonably anticipated to cause or contribute to any impairment of visibility in a Cla ss 1 Area identified in the notice provided under (b) of this section;

(5) if the department does not approve an exemptio n based on the visibility impact analysis submitted under (c)(1) and (c)(3) o f this section, the owner or operator
shall: (A) submit a BART control analysis under (d) and (e ) of this section; or

(B) submit an application under 18 AAC 50.225 for o wner-requested limits (ORL); that application must be submitted no later than 30 days after the date of the disapproval; upon approval of an owner requeste d limit under 18 AAC 50.225, the owner or operator shall comply with the terms and c onditions of the approval; if the owner requested limit is subsequently rescinded, th e owner or operator shall conduct a BART control analysis in accordance with (d) – (o) of this section;

(6) the department will notify the owner or operato r, the Environmental Protection Agency, and each affected federal land manager, in writing, of a department approval or disapproval under this subsection; if the decision is to approve an exemption, eitherRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

56 through visibility impact analysis or an owner-requ ested limit, the department will explain what requirements of this section no longer apply to the BART-eligible source.

(d) If an owner or operator does not submit an exe mption modeling protocol under (c)(1) of this section or if the department denies the exe mption request under (c) of this section, the owner or operator shall submit a BART assessment mo deling protocol that meets the requirements of (h)(3) of this section for control technology visibility impact analysis modeling no more than 30 days after the latest of December 30, 2007

, the date of the department’s notice under (b) of this section, or the date of the depar tment’s notice disapproving the exemption request under (c) of this section. No more than 30 days after submission of a modeling protocol under this subsection, the department will

(1) approve the modeling protocol; or

(2) disapprove the modeling protocol and notify the owner or operator of the reasons for the disapproval.

(e) For purposes of analyzing the visibility impac t from potential control technologies, the owner or operator of each source subject to BAR T shall submit to the department an analysis of control options consistent with Section IV of th e BART guidelines;

(1) no more than 210 days after the later of Decemb er 30, 2007 or the date of the department’s notice under (b) of this section, if t he owner or operator did not submit an exemption modeling protocol under (c)(1) of this se ction ; or

(2) no more than 180 days after the date of the dep artment’s notice disapproving an exemption request submitted under (c) of this section.

(f) The pollutants of concern for purposes of BAR T are SO 2 , NO
x , and PM 10

.

(g) If an owner or operator elects to apply, or has already applied, the most stringent controls available consistent with the analysis con ducted under (e) of this section, they are not required to conduct a visibility impact analysis fo r the emission units and pollutants to which the controls are to be or have been applied.

(h) A visibility impact analysis must:

(1) use an identical modeling approach for compar ing the pre-control and postcontrol impacts of potential BART controls;

(2) determine the maximum change in visibility im pacts in daily deciviews, between the current or pre-control technology and e ach potential BART control option consistent with the approved modeling protocol compared to the annual average default natural visibility
condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditio ns Under the Regional Haze Rule , EPA-454/B-03-005, dated September 2003 and adopte d by reference, at each Class I area identified in the notice under (b ) of this section.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

57 (3) be conducted in a manner consistent with eit her:

(A) the Western Regional Air Partnership’s CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United
States , dated August 15, 2006 and adopted by reference, a s amended by the Summary of WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by reference; or

(B) a modified protocol that was first submitte d as a draft and made available for at least a 15-day review by EPA and e ach affected federal land manager, and subsequently approved in writing by the department.

(i) The department will request from the owner or operator any additional information necessary to complete review of the analysis of con trol options for a source subject to BART. The department will establish a reasonable deadline for submitting the information after consulting the owner or operator. The owner or ope rator shall provide such information no later than the deadline established by the department.

(j) The department will review each analysis of co ntrol options and issue a preliminary
BART determination for each emission unit at each s ource subject to BART. In the preliminary BART determination, the department will include:

(1) the pollutant-specific emission limits for ea ch emission unit at each source subject to BART, and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent wit h 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j);

(k) No more than 120 days after receipt of BART an alysis under (e) of this section, the department will publish a notice of its preliminary BART determination and provide at least 30 days for the public to comment in accordance with 4 0 C.F.R. 71.11, adopted by reference in 18 AAC 50.040(j) except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(2) the department will hold a public hearing only if one is requested within 15 days after publication of the notice.

(l) Within 15 days after the deadline for receipt of public comments, and after consideration of comments and testimony received, t he department will make a final BART determination and provide written notice to each ow ner or operator, EPA, each affected federal land manager, and any person who commented on the p reliminary BART determination. In the final BART determination, the department will inclu deRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

58 (1) the pollutant-specific emission limits for e ach emission unit at each source subject to BART; and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent wit h 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j).

(m) An informal review of the final BART determina tion may be requested as prescribed in 18 AAC 15.185. An adjudicatory hearing of the f inal BART determination may be requested as prescribed in 18 AAC 15.195 – 18 AAC 15.340.

(n) As expeditiously as practicable, but in no cas e more than five years after the date of EPA approval of the regional haze state implementat ion plan required under 42.U.S.C. 7410 and 7491, the owner or operator of a source that is sub ject to a final BART determination under this section shall comply with the requirements establis hed in that determination.

(o) The owner or operator of a source required to install control equipment to comply
with the BART determination shall:

(1) maintain the control equipment and establish procedures to ensure that the equipment is properly operated and maintained; and

(2) conduct monitoring, recordkeeping, and report ing in accordance with the
methods set out in the final BART determination.

(p) Department services under this section are des ignated regulatory services for preapplication assistance and will be billed to the operating permit covering the source subject to BART as set out in 18 AAC 50. 400(m)

(q) In this section,

(1) “BART” has the meaning given the term “Best Av ailable Retrofit Technology” in 40 C.F.R. 51.301, adopted by referen ce in (a) of this section;

(2) “ BART-eligible source” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(3) “BART guidelines” means 40 C.F.R. Part 51, App endix Y (Guidelines for BART determinations under the regional haze rule), adopted by reference in (a) of this
section.

(4) “cause or contribute to impairment of visibili ty” means to release emissions that produce a 0.5 or greater change in the daily d eciview when compared against natural conditions; for the purposes of this paragraph, “na tural conditions” includes naturally occurring phenomena that reduce visibility as measu red in terms of light extinction, visual range, contrast, or coloration;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

59 (5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(6) “existing stationary facility” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(7) “federal land manager” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(8) “maximum change” means the greatest relative c hange in visibility between pre-BART controls and post-BART controls for purpos es of this section;

(9) “sources subject to BART” means a source inden tified by the department in accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” means an air qua lity modeling analysis conducted for the purposes of determining visibilit y impacts. (Eff. 12/30/2007, Register 184)

Authority: AS 46.03.710 AS 46.14.010 Sec. 30, ch. 74, SLA 1993
AS 46.14.020 AS 46.14.030

Editor’s note: The Guidance for Estimating Natural Visibility Conditio ns Under the Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screenin g Analysis for Class
I areas in the Western United States , and the Summary of WRAP RMC BART Modeling for Alaska, Draft #7 , adopted by reference in 18 AAC 50.260(h), may be reviewed at the department's Anchorage, Fairbanks, or Juneau office . To obtain a copy of these or any other documents adopted by reference in this section, con tact the Department of Environmental Conservation, Air Quality Division at (907) 465-510 0.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

60 Article 3. Major Stationary Source Permits.

Section 300. (Repealed) 301. Permit continuity 302. Construction permits 305. (Repealed) 306. Prevention of significant deterioration (PSD) permits 310. (Repealed) 311. Nonattainment area major stationary source pe rmits 315. (Repealed)
316. Preconstruction review for construction or re construction of a major source of hazardous air pollutants 320. (Repealed) 321. Case-by-case maximum achievable control techn ology determinations 322. (Repealed) 325. (Repealed) 326. Title V operating permits 330. (Repealed) 335. (Repealed) 340. (Repealed) 341. (Repealed) 345. Construction and operating permits: standard permit conditions 346. Construction and operating permits: other per mit conditions 350. (Repealed) 355. (Repealed) 360. (Repealed) 365. (Repealed) 370. (Repealed) 375. (Repealed) 380. (Repealed) 385. (Repealed) 390. (Repealed)

18 AAC 50.300. Construction permits: classificatio ns. Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 2/2/2002 , Register 161; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.301. Permit continuity. (a) An air quality permit that is effective under this chapter as of October 1, 2004 remains in effec t until it

(1) expires, consistent with AS 46.14.230;

(2) is revoked by the department under AS 46.14.28 0; orRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

61 (3) is replaced by a permit issued under this chap ter.

(b) For a permit under this chapter, if the applic ant has submitted a complete application before October 1, 2004, but the department has not yet issued the permit by that date, the

(1) applicant may request in writing that the depa rtment process the application under the regulations in effect before or after Oct ober 1, 2004; and

(2) department will process the application in acc ordance with the applicant’s request. (Eff.10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.230

AS 46.14.010 AS 46.14.130 AS 46.14.280
AS 46.14.020 AS 46.14.140

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a construction permit before beginning actual constru ction of a new major stationary source, a major modification, a PAL major modification, or a new stationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i)). The owner or operator must obtain one or more of the following types of construction permits, as applicable:

(1) a prevention of significant deterioration (PSD ) permits under 18 AAC 50.306;

(2) a nonattainment area major stationary source p ermit under 18 AAC 50.311;

(3) a construction permit under 18 AAC 50.316 for a major source of hazardous air pollutants.

(b) If a stationary source or modification may re quire permits under more than one section in this chapter, the owner or operator may file a single permit application, and the department will issue a single permit incorporating all applicable construction permit requirements. (Eff.10/1/2004, Register 171)

Authority : AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1 993
AS 46.14.020

18 AAC 50.305. Construction permit provisions requ ested by the owner or operator. Repealed. (Eff. 1/18/97, Register 141; repealed 1 0/1/2004, Register 171)

18 AAC 50.306. Prevention of significant deteriora tion (PSD) permits. (a) An owner or operator must obtain a prevention of signi ficant deterioration (PSD) permit under this section before beginning actual construction of a n ew major stationary source, a major modification, or a PAL major modification.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

62 (b) To satisfy the requirement of (a) of this sect ion, the owner or operator must comply with the requirements of 40 C.F.R. 52.21, adopted b y reference in 18 AAC 50.040 with the following changes:

(1) in 40 C.F.R. 52.21, the term “administrator” m eans

(A) “federal administrator” in 40 C.F.R. 52.21(b)( 17), (b)(37), (b)(43), (b)(48)(ii)( c ), (i)(1)(x), (l)(2), and (p)(2); and

(B) “department” elsewhere;

(2) repealed 7/25/2008;

(3) repealed 7/25/2008;

(4) exclusions from increment consumption apply to the maximum extent allowed under 40 C.F.R. 51.166(f), adopted by refer ence in 18 AAC 50.040.

(c) The department will issue each permit under th is section following the procedures and other requirements of AS 46.14, and of 40 C.F.R . 51.166(f) and (q)(2), and 40 C.F.R. 52.21, as adopted by reference in 18 AAC 50.040, with the following additions and exemptions:

(1) the date of receipt of the application is the date that the department has received all required information under AS 46.14.16 0 and this section;

(2) the department will provide at least 30 days f or the public to comment, and upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 1 5.060(d) - (h);

(3) if requested by the owner or operator of a sta tionary source or modification that requires both a PSD permit and a Title V permi t or permit modification, the department will integrate review of the operating permit applicatio n or amendment required by 18 AAC 50.326 and the PSD permit application required by this sec tion; a PSD permit application designated for integrated review will be processed in accordance w ith procedures and deadlines described in
18 AAC 50.326.

(d) In each PSD permit issued under this section, the department will include terms and
conditions

(1) as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accor dance with this section, including terms and conditions consistent with AS 46.14.180 that requir e the permittee to

(A) install, use, and maintain monitoring equipmen t;

(B) sample emissions according to the methods pres cribed by the department, at locations and intervals specified by the department, and by proceduresRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

63 specified by the department;

(C) provide source test reports, monitoring data, emissions data, and information from analysis of any test samples;

(D) keep records; and

(E) make periodic reports on process operations an d emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.2 40; and

(2) for payment of fees consistent with 18 AAC 50. 400 – 18 AAC 50.420.

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 – 18 AAC 15.340. (Eff.10/1/2004, Register 171; am 7/ 25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.310. Construction permits: application. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.311. Nonattainment area major stationary source permits. (a) In accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, before commencing construction of a major stationar y source, major modification, or PAL major modification for a nonattainment pollutant in a non attainment area, an owner or operator must obtain a construction permit from the department.

(b) The application for a permit under this sectio n must include

(1) for the nonattainment air pollutant, a

(A) demonstration, including substantiating inform ation, that emissions of the pollutant will be controlled to a rate that rep resents the lowest achievable emission rate (LAER);

(B) demonstration that reductions in actual emissi ons from other stationary sources within the nonattainment area wi ll equal or exceed the expected
maximum emissions increase from the construction an d operation of the stationary source or modification; and

(C) description of the proposed reductions in actu al emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description must
include (i) from each stationary source providing the emis sion reductions,Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

64 a complete application for a minor permit under 18 AAC 50.508(4); and

(ii) a certification that proposed reductions in a ctual emissions will
occur before the onset of emission increases from t he stationary source or modification;

(2) a demonstration that other stationary sources owned or operated by the applicant within the state are in compliance with

(A) AS 46.14, this chapter, the Clean Air Act, and applicable federal regulations; or

(B) an order issued under AS 46.03 that controls a ir emissions from those stationary sources; and

(3) a demonstration that the benefits of construct ion, operation, or modification of the stationary source will significantly outweig h the environmental and social costs incurred, considering factors such as alternative sites, size s, production processes, and environmental control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revise d as of July 1, 2003 and adopted by reference, the department will provide notice and o pportunity for a 30 - day public comment period on the department’s proposed permit or propo sed denial. The department will issue a permit only if the department finds that the applic ant has shown that the stationary source or modification will meet the requirements of (b) of t his section and 40 C.F.R. 51.165, adopted by
reference in 18 AAC 50.040.

(d) In each construction permit issued under this section, the department will include
terms and conditions

(1) as necessary to ensure that the proposed stati onary source or modification will meet the requirements of this section, including te rms and conditions consistent with
AS 46.14.180 for (A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed by the department, at locations and intervals specified by the department, and by procedures specified by the department;

(C) providing source test reports, monitoring data , emissions data, and information from analysis of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.2 40; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

65 (2) for payment of fees consistent with 18 AAC 50. 400 – 18 AAC 50.420. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170
AS 46.03.850 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140

18 AAC 50.315. Construction permits: review and is suance . Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/11/200 2, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.316. Preconstruction review for construc tion or reconstruction of a major source of hazardous air pollutants. (a) Applicability. The owner or operator of a major source of hazardous air pollutants subject to a standard under 40 C.F.R. part 63, adopted by reference in 18 AAC 50.040, must obtain a constr uction permit before

(1) constructing a new major source of hazardous a ir pollutants subject to that standard; (2) reconstructing a major source of hazardous air pollutants subject to that standard; or (3) reconstructing a major source of hazardous air pollutants in a way that causes the source to become an affected source that is maj or-emitting under 40 C.F.R. Part 63 and subject to that standard.

(b) Definitions. The term “administrator” as used in 40 C.F.R. 63. 5(d) - (e), adopted by reference in 18 AAC 50.040, means “department” for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepared and su bmitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After recei ving a complete application,

(1) the department will prepare a report that cont ains a preliminary decision to approve or deny the permit application; the departm ent will make a decision to issue the permit only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference in 18 AAC 50.040, are met;

(2) if the department makes the preliminary decisi on to deny the permit application, the owner, operator, or permittee may submit additional information for the department to consider before the department makes a final decision, as follows:

(A) after consulting with the applicant, the depar tment will specify dates by which the applicant must submit any additional i nformation under this paragraph;

(B) within 60 days after receiving the additional information, the department willRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

66 (i) make a preliminary decision to approve or appr ove with conditions; or

(ii) take a final permit action and deny the permi t application for

cause;

(3) if the department makes a preliminary decision to approve the permit application, the department will

(A) prepare a draft permit;

(B) provide at least 30 days for the public to com ment, and upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h); and

(C) make available for public review the materials submitted by the applicant and a copy of the proposed permit in at l east one location within the area known or expected to be affected by the stationary source as proposed;

(4) if the department makes a decision to issue a final permit, the department will issue the permit consistent with AS 46.14.170.

(d) Permit Content. In a permit under this section, the department wil l include terms
and conditions that

(1) reference specific applicable requirements und er each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040 ;

(2) require reporting in accordance with 18 AAC 50 .235 - 18 AAC 50.240; and

(3) require payment of fees in accordance with 18 AAC 50.400 -
18 AAC 50.420.

(e) Notification. For each notification that the owner or operator is required to send to the administrator under 40 C.F.R. 63.9, adopted by reference in 18 AAC 50.040, the owner or operator shall also send a copy of the notification to the department. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.320. Construction permits: content and d uration. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

67 18 AAC 50.321. Case-by-case maximum achievable con trol technology
determinations. (a) Purpose. This section implements EPA requirements for case-b y-case maximum achievable control technology (MACT) determ inations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40 - 63.44, adopted by reference in
18 AAC 50.040.

(b) Applicability. This section applies to any owner or operator who constructs or reconstructs a major source of hazardous air pollut ants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has b een specifically regulated or exempted from regulation by a standard under 42 U.S .C. 7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j), and 40 C.F.R. Part 63, adopte d by reference in 18 AAC 50.040; or

(2) stationary source is exempted under (c) of thi s section.

(c) Exclusions from this section. The requirements of this section do not apply to

(1) an electric utility steam generating unit unle ss, and until such time as that unit is added to the source category list under 42 U.S.C . 7412(c)(5) (Clean Air Act, sec. 112(c)(5));

(2) a stationary source that is within a source ca tegory that has been deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activities, as define d in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin ac tual construction or reconstruction of a major source of hazardous air p ollutants unless the department has made a final and effective case-by-case determination unde r (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achie vable control technology emission limitation
for new sources.

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of this section the owner or operator must obtain a notice of MACT approval under the procedures of 40 C.F.R. 63.43(d) – (m), adopted by reference in 1 8 AAC 50.040. To the extent practicable, the department will coordinate processing of the notice of MACT approval with the processing of any permit that is required for the stationary sour ce or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) the definitions of 40 C.F.R. 63.41 are adopted by reference, except that “permitting authority” means the department;

(2) terms used in this section that are not define d in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act and 40 C.F.R. 63 , Subpart A, except that “construction,” “emission standard,” “fugitive emissions,” “hazardo us air pollutant,” “operator,” “owner,”Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

68 “potential to emit,” and “stationary source” have t he meanings given in AS 46.14.990. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172 )

Authority: AS 46.14.010(a) AS 46.14.020

18 AAC 50.322. Construction permits: reopenings. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.326. Title V operating permits. (a) Obligation for a permit. Except as provided in (b) – (k) of this section, an owner or operator of a Title V source must obtain a Title V permit consistent with 40 C.F.R. Part 71, a s adopted by reference in 18 AAC 50.040.

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are adopted by reference, except that

(1) “permitting authority” and “delegate agency” m ean the department;

(2) “applicable requirement” also means any obliga tion created by AS 46.14, this chapter, or a term or condition of a preconstructio n permit issued by the department”;

(3) “part 71 permit” means a Title V permit;

(4) “part 71 program” means the permit program und er this section;

(5) “part 71 source” means any source subject to t he permitting requirements under this section;

(6) “emissions unit” has the meaning given in AS 4 6.14.990;

(7) “stationary source” has the meaning given in A S 46.14.990;

(8) “administrator” means the administrator of EPA , except that “administrator” or “regional administrator” means the department at

(A) 40 C.F.R. 71.3(e); and

(B) 40 C.F.R. 71.6(a)(7).

(c) Applications. For the purposes of 40 C.F.R. 71.5(a)(1)(i) and ( ii), a timely application is one that satisfies AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i) - (ii) do not apply. Application fees must be paid in accordance with 18 AAC 50.400 – 18 AAC 50.430. To establish confidentiality for information submitted to the department, the owner and operator must satisfy the requirements of AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The requirements of 18 AAC 50.205 apply to a permit app lication, report, or compliance certificationRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

69 under this section, and 40 C.F.R. 71.5(d) does not apply. The owner or operator of an existing Title V source who is planning a modification that requires a Title I permit as well as an operating permit modification may request either

(1) integrated review of the Title I and Title V p ermits, in which the department will consolidate all required public notices, heari ngs, and comment periods; the applicant may provide either one application for both requested p ermits, or two separate applications; or

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040; to qualify for this option, the application must satisfy the requirements for both the Title I and T itle V applications; for applications that qualify, the department will issue or deny the Title I permi t following the required procedures for the Title I permit, and all of the procedures of this s ection; a Title I permit must include all of the permit content required for the Title I permit and required under this section.

(d) Applications – insignificant emission units. The provisions in 40 C.F.R. 71.5(c)(11) for insignificant emission units and ac tivities do not apply and are replaced by (d) - (i) of this section. Emission units and activities described in (e) - (i) of this section are insignificant and need not be included in an operat ing permit application except as follows:

(1) an emission unit is not insignificant and must be included in an operating permit application if the emission unit is subject to

(A) a federal requirement adopted by reference in 18 AAC 50.040(a) - (d);

(B) an emission unit-specific requirement establis hed under

(i) 18 AAC 50.201;

(ii) a construction permit issued under this chapt er; or

(iii) a permit issued before January 18, 1997; or

(C) a stationary source-specific or emission unit- specific emission limitation;

(2) the application must list each requirement of 18 AAC 50.040(e), 18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, and 1 8 AAC 50.090 that applies to insignificant emission units at the stationary sour ce;

(3) the application must list each emission unit a t the stationary source that is identified as insignificant under (e) or (g) of thi s section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropriately listed as insignifica nt;

(4) the application may not omit information neede d to evaluate the fee required under 18 AAC 50.410;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

70 (5) the application must include compliance certif ication based on reasonable inquiry for insignificant emission units; a complia nce certification made during the permit term according to the schedule proposed to satisfy 40 C. F.R. 71.5(c)(9) must include insignificant emission units;

(6) the application must propose conditions for mo nitoring, record keeping, and reporting if the conditions are necessary to assure compliance with requirements identified in (2)
of this subsection.

(e) Applications – insignificant emission units: emissi on rate basis. Except as provided in (d) of this section, an emission unit i s insignificant based on emission rate if its actual emissions of each air pollutant are less tha n the rates listed in (1) - (15) of this subsection

. If requested by the department, an applicant or per mittee shall demonstrate that an emission unit listed as insignificant under this subsection has a ctual emissions less than the following rates:

(1) five TPY of carbon monoxide;

(2) two TPY of nitrogen oxides;

(3) two TPY of sulfur oxides;

(4) two TPY of volatile organic compounds;

(5) 0.75 TPY of PM-10;

(6) 0.005 TPY of lead;

(7) 0.15 TPY of fluorides;

(8) 0.35 TPY of sulfuric acid mist;

(9) 0.5 TPY of hydrogen sulfide;

(10) 0.5 TPY of total reduced sulfur, including hy drogen sulfide;

(11) 0.000000175 TPY of municipal waste combustor organics, measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate

matter; (13) two TPY of municipal waste combustor acid gas es, measured as Sulfur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substances in aggr egate, the sum of Class I and
Class II substances as defined in the Clean Air Act and 40 C.F.R. Part 82, adopted by reference in 18 AAC 50.040;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

71 (15) 0.5 TPY for any regulated air pollutant not l isted in (1) - (14) of this
subsection.

(f) Applications – insignificant emission units: categ ory basis. Except as provided in (d) of this section, the following categories of em ission units are insignificant:

(1) mobile transport tanks on vehicles, except for those containing asphalt or volatile liquids;

(2) lubricating oil storage tanks;

(3) equipment used to mix, package, store, or hand le soaps, lubricants, hydraulic fluid, vegetable oil, grease, animal fat, and aqueo us salt solutions if covered in a manner that minimizes or prevents unintended emissions; this ca tegory does not include equipment used to mix or package powdered detergent, spray dryers, or any equipment that must have an emission control device to comply with the requirements of 1 8 AAC 50.045(d) or 18 AAC 50.055;

(4) pressurized storage of oxygen, nitrogen, carbo n dioxide, air, or inert gasses;

(5) vents from continuous emissions monitors and o ther analyzers;

(6) sampling connections used exclusively to withd raw materials for laboratory analyses and testing;

(7) sample gathering, preparation, and management;

(8) equipment and instrumentation used for quality control, quality assurance, or inspection purposes;

(9) laboratory calibration and maintenance equipme nt;

(10) individual laboratory hoods;

(11) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, indust rial, or commercial process;

(12) comfort air conditioning;

(13) maintenance and upkeep activities such as rou tine housekeeping, grounds keeping, lawn and landscaping activities, general r epairs, cleaning, painting, welding, plumbing, re-tarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements, and paving or s triping parking lots if these activities are not conducted as part of a manufacturing process, are n ot related to the primary business activity of the stationary source, and do not otherwise require a permit revision; this category does not include process control flares, spray paint equipme nt for rail cars or aircraft, or boilers or interna l combustion engines used to provide electric power o r heat;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

72 (14) portable solid waste containers such as dumps ters for municipal solid waste or office wastes;

(15) structural changes that do not give rise to a ir pollutant emissions; this category does not include emissions from constructi on activities;

(16) portable welding, brazing, cutting, and solde ring operations used in incidental maintenance;

(17) recreational fireplaces, including the use of barbecues, campfires, and ceremonial fires;

(18) food preparation for human consumption includ ing cafeterias, kitchen facilities, and barbecues located at a source for p roviding food service on the premises;

(19) tobacco smoking rooms and areas;

(20) emergency backup generators at single family or duplex residential locations; (21) washers, dryers, extractors, and tumblers for fabrics using water solutions of bleach or detergents;

(22) janitorial services and consumer use of janit orial products;

(23) office activities;

(24) materials and equipment used by, and activity related to, operation of an infirmary if the infirmary is not the stationary so urce’s business activity; this category does not include medical waste incineration at military base s;

(25) personal care activities;

(26) bathroom and toilet vents;

(27) septic sewer systems, not including active wa stewater treatment facilities;

(28) cleaning and sweeping of streets and paved su rfaces;

(29) fuel and exhaust emissions from vehicles in p arking lots;

(30) flares used to indicate danger to the public;

(31) firefighting and similar safety equipment and equipment used to train firefighters not subject to 18 AAC 50.065;

(32) non-commercial smokehouses;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

73 (33) drop hammers or hydraulic presses for forging or metalworking;

(34) blacksmith forges;

(35) inspection equipment for metal products;

(36) conveying and storage of plastic pellets;

(37) plastic pipe welding;

(38) tire buffing where a water spray is used with the particulate collection system to prevent smoke generation;

(39) wet sand and gravel screening;

(40) wax application;

(41) ultraviolet curing processes;

(42) hand-held applicator equipment for hot melt a dhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes;

(46) hand-held equipment for buffing, polishing, c utting, drilling, sawing, grinding, turning, or machining wood, metal, or pla stic;

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; this category does not include associated power generati on equipment;

(48) equipment used exclusively to slaughter anima ls; this category does not include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equip ment;

(49) ozonation equipment;

(50) demineralization and oxygen scavenging (deaer ation) of water;

(51) pulse capacitors;

(52) laser trimmers using dust collection to preve nt fugitive emissions;

(53) gas cabinets using only gasses that are not r egulated air pollutants;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

74 (54) Carbon dioxide lasers used only on metals and other materials that do not emit hazardous air pollutants in the process;

(55) photographic process equipment by which an im age is reproduced upon material sensitized to radiant energy such as bluep rint activity, photocopying, mimeograph, telefacsimile, photographic developing, and microfi che;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic testing equipment;

(58) batteries and battery charging areas; this ca tegory does not apply to manufacturing or rebuilding facilities;

(59) salt baths using nonvolatile salts that do no t result in emissions of any regulated air contaminants;

(60) shock chambers;

(61) mechanical wire strippers;

(62) humidity chambers;

(63) solar simulators;

(64) environmental chambers that do not use hazard ous air pollutant gasses;

(65) steam vents and safety relief valves not emit ting process chemicals;

(66) air compressors, pneumatically operated syste ms, and related hand tools;

(67) digester chip feeders;

(68) process water and white water storage tanks;

(69) demineralizer tanks;

(70) hydrogen peroxide tanks;

(71) dryers; this category is limited to Yankee, a fter dryer, curing systems, and cooling systems;

(72) winders;

(73) chipping;

(74) debarking;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

75 (75) pulp mill sludge dewatering and handling;

(76) screw press vents;

(77) pond dredging;

(78) polymer tanks and storage devices and associa ted pumping and handling equipment used for solids dewatering and flocculati on;

(79) electrical circuit breakers, transformers, or switching equipment installation or operation; (80) electric or steam-heated drying ovens or auto claves, excluding the articles or substances being processed in the ovens or autoclav es and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sumps, and li ft stations associated with wastewater treatment systems at publicly owned trea tment works;

(82) lube oil, seal oil, or hydraulic fluid storag e tanks and equipment if those tanks and equipment do not emit volatile organic co mpounds (VOCs) or hazardous air pollutants;

(83) natural gas pressure regulator vents; this ca tegory does not include venting at oil and gas production facilities;

(84) lubricating pumps, sumps, and systems;

(85) well service equipment;

(86) aircraft ground support equipment (AGE), ligh ts, and heating, ventilation, and air conditioning (HVAC) support; this category does not include portable power generators;

(87) engine crankcase vents and equipment lubricat ing sumps;

(88) tanks containing separated water produced fro m oil and gas operations;

(89) skimmer pits, oil-water separators, and maint enance of filter separators;

(90) removal of sludge or sediment from pits, pond s, sumps, or wastewater conveyance facilities;

(91) site assessment work, including the evaluatio n of waste disposal or remediation sites;

(92) instrument systems using air or natural gas;

(93) drill site manifold and wellhead enclosures;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

76 (94) vent emission from gas streams used as buffer or seal gas in rotating pump and compressor seals;

(95) natural gas odorizing activities;

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other equipment; (97) pipeline maintenance pigging activities;

(98) truck, car, or aircraft washing if equipment is not designed to vaporize hydrocarbons from the wash water;

(99) nonroutine clean-out of tanks and equipment f or the purpose of worker entry or in preparation for maintenance or decommissions;

(100) fugitive emissions of jet fuels associated w ith aircraft fuel cell and fuel bladder repair;

(101) portable electrical generators that can be m oved by hand from one location to another; (102) natural gas and liquefied petroleum gas (LPG ) vehicle fleet fueling facilities; (103) military field exercises, except emissions f rom permanent stationary

sources; (104) fire suppression;

(105) storage of water-treating chemicals to be us ed in a drinking water system or a boiler water feedwater system.

(g) Applications – insignificant emission units: size or production rate basis. Except as provided in (d) of this section, the foll owing emission units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage t anks and storage vessels with less than a 260-gallon capacity (35 cubic feet), wi th lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage t anks with not greater than 1,100-gallon capacity, with lids or other closure n ot for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimete rs (mm) of mercury (Hg);

(3) operation, loading, and unloading of volatile liquid storage with 10,000-gallon capacity or less, with lids or other closure and st oring liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degr ees Celsius;

(4) operation, loading, and unloading of butane, p ropane, or liquefied petroleum gas (LPG) storage tanks with vessel capacity under 40,000 gallons;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

77 (5) a combustion emission unit with a rated capaci ty less than 4,000,000 Btu per hour exclusively using natural gas, butane, propane , or liquefied petroleum gas (LPG); emission units under this paragraph do not include internal combustion engines;

(6) a combustion emission unit with a rated capaci ty less than 350,000 Btu per hour using a commercial fuel containing less than 0 .5 percent sulfur by weight for coal or less than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under this paragraph do not include internal combustion e ngines;

(7) a combustion emission unit with a rated capaci ty less than 1,700,000 Btu per hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not include internal combustion engines;

(8) a combustion emission unit with a rated capaci ty less than 300,000 Btu per hour if burning used oil; emission units under this paragraph do not include internal combustion engines; (9) a combustion emission unit with a rated capaci ty less than 450,000 Btu per hour if burning wood waste or waste paper; emission units under this paragraph do not include internal combustion engines;

(10) welding using not more than 50 pounds per day of welding rod;

(11) foundry sand molds, unheated and using binder s with less than 0.25 percent free phenol by sand weight;

(12) "paralyene" coaters using less than 500 gallo ns of coating per year;

(13) printing and silkscreening using less than tw o gallons per day of any combination of inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous solutions if they do not contain hazardous air poll utants;

(14) comfort cooling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with b arometric jets or condensers, and that do not use chromium-based corrosion inhibitors;

(15) combustion turbines rated at less than 160 ho rsepower;

(16) batch distillation equipment with a batch cap acity not greater than 55 gallons and used only for solvents that do not c ontain hazardous air pollutants;

(17) cleaning equipment

(A) with less than 10 square feet of air-vapor int erface; and

(B) using solvent

(i) that does not contain a hazardous air pollutan t; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

78 (ii) with a vapor pressure not more than 30 millim eters (mm) of mercury (Hg) at 20 degrees Celsius;

(18) surface coating using less than two gallons p er day of formulations not containing hazardous air pollutants;

(19) tanks, vessels, and pumping equipment with li ds or other appropriate closure for storage or dispensing of aqueous solutions of i norganic salts, bases, and acids;

(20) cleaning and stripping activities and equipme nt using solutions having less than one percent volatile organic compounds (VOCs) by weight; when used on metallic substances, acid solutions are not insignificant;

(21) equipment with lids or other closures used ex clusively to pump, load, unload, or store organic material that has an initi al boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millim eters (mm) of mercury (Hg) at 21 degrees Celsius; (22) surface coating, aqueous solution, or suspens ion containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water-based lubricant s for metal working if the organic content of the lubricant is less than 10 pe rcent;

(24) municipal or industrial wastewater chlorinati on facilities of not greater than 1,000,000 gallons per day capacity;

(25) diesel engines of 250 horsepower or less bein g used to provide power for well servicing equipment.

(h) Applications – insignificant emission units: case- by-case basis. This subsection lists emission units or activities that may be insi gnificant on the basis of size or production rate. Insignificant emission units and activities listed in this subsection that are subject to a standard
under 18 AAC 50.050 – 18 AAC 50.090 must be listed on the permit application. Except as provided in (d) of this section, the department may determine the following emission units to be insignificant on a case-by-case basis:

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water Pollution Control Act, National Pollutant Discharge Elimination System), and that are used solely for settling suspended solids and skimming o il and grease; and

(2) coffee roasters with a capacity of less than 1 5 pounds per day of coffee.

(i) Applications – insignificant emission units: admin istratively insignificant

sources. The following emission units might have significant emissions, but are considered administratively insignificant emission units for t he purpose of operating permit applications:Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

79 (1) the propulsion of mobile sources;

(2) general vehicle maintenance, including vehicle exhaust from repair stationary sources; and (3) agricultural activities on the property of a s tationary source that are not subject to review by the department under 18 AAC 50 .306, 18 AAC 50.311, or 18 AAC 50.502 and are not under common control with the permitted stationary source.

(j) Permit content. Permit terms and conditions issued under this secti on will be developed in accordance with 40 C.F.R. Part 71, ado pted by reference in 18 AAC 50.040, except
as follows: (1) with respect to any fee requirement or referen ce, the applicable provisions of 18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;

(2) the department will include the expiration dat e in the permit; the permit duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3) a stationary source subject to this section wi ll also be subject to the standard operating permit conditions and other permit condit ions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviation s is subject to the department’s Standard Permit Condition III, adopted by reference in 18 AA C 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)( 1 ) – (B)( 4 ); the provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the standard permit conditions of 18 AAC 50.345;

(4) for purposes of 40 C.F.R. 71.6(c)(6), the depa rtment will include in a Title V permit, consistent with AS 46.14.020(b) and 46.14.1 80, terms and conditions that are necessary to implement a requirement of AS 46.14 or this chap ter;

(5) notwithstanding 40 C.F.R. 71.6(b), a departmen t term or condition is not federally enforceable unless required by the Clean Air Act; that term or condition is not subject to affected state review under 40 C.F.R. 71.8; in t he permit, the department will identify each term or condition that is not federally enforceable and not subject to affected state review;

(6) inspection and entry requirements are subject to AS 46.14.515; the provisions o f 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordan ce with this section, and with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the department will establish a plantwide applicability limitation (PAL) in a Title V permit.

(k) Permit review and issuance. The review and issuance of a permit under this sect ion
will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040 except as follows:Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

80 (1) the department may distribute a public notice to a person by electronic mail; if a person requests that the department send the noti ce by postal mail, the department will send the notice to the person by postal mail;

(2) the department will only issue a permit if the permit conditions provide for compliance with all applicable requirements and the requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the department will, subject to the provisions of AS 46 .14.170 and AS 46.14.220, issue the final permit; if EPA objects to a permit after the 45-day review period in AS 46.14.220 and the department has not issued the final permit, the dep artment will not issue the final permit until the objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the review period ends; and

(B) objections that were raised during the public comment period for the permit, unless the petitioner shows that raising th e objection during the public comment period was impracticable or that grounds for the ob jection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes relat ed provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegate d does not apply, including the phrase “in the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the phrase “When a part 71 program has been delegated i n accordance with the provisions of this section,” in 40 C.F.R. 71.10;

(5) a permit under this section becomes effective 30 days after the department issues the final permit;

(6) when the department makes a final decision to approve or deny an application for a Title V permit, the department will notify th e applicant and any person who commented on the application; a person described in AS 46.14.200 may request an adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; the pr ovisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an applic ation, the department will include the reasons for denial; (7) the department will keep for five years any re cord and submit to the federal administrator any information that the federal admi nistrator may reasonably require to ascertain whether the state Title V permit program complies w ith the requirements under 42 U.S.C. 7661 – 7661f (Title V, Clean Air Act).

( l ) Significant permit modifications. If an existing Title V permit prohibits construction or a change in operation for which a p ermit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.32 1, the owner or operator must obtain, in accordance with 40 C.F.R. 71.7(e), adopted by re ference in 18 AAC 50.040, a significant permit modification to the Title V permit before co mmencing operation that incorporates theRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

81 construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190
AS 46.14.010 AS 46.14.150 AS 46.14.220
AS 46.14.020 AS 46.14.170 AS 46.14.230
AS 46.14.120 AS 46.14.180 AS 46.14.515
AS 46.14.130

18 AAC 50.330. Operating permits: exemptions . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335. Operating permits: application . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

18 AAC 50.340. Operating permits: review and issu ance. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/200 2, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345. Construction, minor and operating p ermits: standard permit
conditions. (a) Subsections (b) – (o) of this section set o ut standard permit conditions that the department will include in each operating permit. The department may include the conditions set out in (c)(1) and (2) and (d) – (o) of this section in each minor permit and construction permit. The conditions set out in (m) – (o) of this section do not apply to visible emissions observations by smoke readers, except in connection with require d particulate matter testing.

(b) Compliance with permit terms and conditions is considered to be in compliance with those requirements that are

(1) included and specifically identified in the pe rmit; or

(2) determined in writing in the permit to be inap plicable.

(c) The permittee must comply with each permit ter m and condition. Noncompliance with a permit term or condition constitutes a viola tion of AS 46.14, this chapter, and, except for those terms or conditions designated in the permit as not federally enforceable, the Clean Air Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and reissuance, or modification in accordance with AS 46.14.280; orRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

82 (3) denial of an operating permit renewal applicat ion.

(d) It is not a defense in an enforcement action t o claim that it would have been necessary to halt or reduce the permitted activity in order t o maintain compliance with a permit term or
condition.

(e) Each permit term and condition is independent of the permit as a whole and remains valid regardless of a challenge to any other part o f the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee for modification, revoc ation and reissuance, or termination or a notification of planned changes or anticipated nonc ompliance does not stay any permit condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive privilege.

(h) The permittee shall allow the department or an inspector authorized by the department, upon presentation of credentials and at reasonable times with the consent of the
owner or operator to

(1) enter upon the premises where a source subject to the permit is located or where records required by the permit are kept;

(2) have access to and copy any records required b y the permit;

(3) inspect any stationary source, equipment, prac tices, or operations regulated by or referenced in the permit; and

(4) sample or monitor substances or parameters to assure compliance with the permit or other applicable requirements.

(i) The permittee shall furnish to the department, within a reasonable time, any information that the department requests in writing to determine whether cause exists to modify, revoke and reissue, or terminate the permit or to d etermine compliance with the permit. Upon request, the permittee shall furnish to the departm ent copies of records required to be kept by the permit. The department may require the permittee t o furnish copies of those records directly to
the federal administrator.

(j) The permittee shall certify any permit applica tion, report, affirmation, or compliance certification submitted to the department and requi red under the permit by including the signature of a responsible official for the permitted station ary source following the statement: “Based on information and belief formed after reasonable inqu iry, I certify that the statements and
information in and attached to this document are tr ue, accurate, and complete.” Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other docu ments must be certified upon submittal.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

83 (k) In addition to any source testing explicitly r equired by the permit, the permittee shall conduct source testing as requested by the departme nt to determine compliance with applicable permit requirements.

( l ) The permittee may request an extension to a sour ce test deadline established by the department. The permittee may delay a source test beyond the original deadline only if the extension is approved in writing by the department’ s appropriate division director or designee.

(m) Before conducting any source tests, the permit tee shall submit a plan to the department. The plan must include the methods and procedures to be used for sampling, testing, and quality assurance and must specify how the sour ce will operate during the test and how the permittee will document that operation. The permit tee shall submit a complete plan within 60 days after receiving a request under (k) of this se ction and at least 30 days before the scheduled date of any test unless the department agrees in wr iting to some other time period. Retesting may be done without resubmitting the plan.

(n) At least 10 days before conducting a source te st, the permittee shall give the department written notice of the date and the time the source test will begin.

(o) Within 60 days after completing a source test, the permittee shall submit two copies
of the results in the format set out in the Source Test Report Outline , adopted by reference in 18 AAC 50.030. The permittee shall certify the res ults in the manner set out in (j) of this section. If requested in writing by the department, the per mittee must provide preliminary results in a shorter period of time specified by the department. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/20 04, Register 171; am 11/9/2008)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140

AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020

18 AAC 50.346. Construction and operating permits: other permit conditions. (a) For a construction permit or Title V permit, the de partment will use the standard permit condition in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequate ly meet the requirements of this chapter or that no comparable condition is appropriate for the stationary source or emission unit. The department’s Standard Permit Condition II – Air Pol lution Prohibited, as revised as of August 25, 2004, is adopted by reference.

(b) In a Title V permit, the department will use t he standard permit conditions listed in this subsection, unless the department determines t hat emission unit-specific or stationary sourcespecific conditions more adequately meet the requir ements of this chapter or that no comparable condition is appropriate for the Title V source or emission unit. The following standard permit conditions prepared by the department are adopted b y reference:

(1) Standard Permit Condition I – Emission Fees, as revised as of August 25, 2004;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

84 (2) Standard Permit Condition III – Excess Emissio ns and Permit Deviation Reports, as revised as of August 20, 2008 ;

(3) Standard Permit Condition IV – Notification Fo rm, as revised as of August 20, 2008;

(4) Standard Operating Permit Condition V – Insign ificant Sources, as revised as of August 25, 2004;

(5) Standard Operating Permit Condition VI – Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII – Oper ating Reports, as revised as of August 20, 2008.

(7) Standard Operating Permit Conditions XIV – Doc ument Submittals and Electronic Copies, as revised as of August 20, 2008.

(c) Unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requir ements of this chapter, the department will use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by referen ce.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

85 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Standard Permit Condition

-Gas-fired fuel burning equipment, except
flares Standard Operating Permit Condition VIII –
Visible Emissions and Particulate Matter Monitoring Plan for Gas-Fired Fuel Burning Equipment, August 25, 2004

–Stationary diesel engines

–Liquid-fired stationary turbines

–Other liquid-fired fuel burning equipment Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission Units, August 20, 2008

–Coal fired boilers

–Coal handling equipment

–Construction of gravel pads or roads that are part of a permitted stationary source, or other construction that has the potential to generate fugitive dust that reaches ambient air

–Commercial, industrial, municipal solid waste, air curtain, and medical waste incinerators

–Sewage sludge incinerators not using wet
methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under the control of the operator with frequent vehicle traffic

–Other sources the department finds are likely to generate fugitive dust Standard Operating Permit Condition X – Reasonable Precautions to Prevent Fugitive Dust, August 25, 2004Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

86 –Fuel burning equipment burning liquid fuel Standar d Operating Permit Condition XI – SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid fuel Standar d Operating Permit Condition XII – SO 2 Material Balance Calculation, August 25, 2004

–Coal fired boilers Standard Operating Permit Condi tion XIII – Coal Fired Boilers, August 20, 2008

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180
AS 46.14.010 AS 46.14.130 AS 46.14.250
AS 46.14.020 AS 46.14.140

18 AAC 50.350. Operating permits: content. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.355. Changes to a permitted facility . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.360. Facility changes that violate a per mit condition. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.365. Facility changes that do not violat e a permit condition. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Re gister 171)

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375. Minor and significant permit revisi ons. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; repealed 10/1/2004, Register 171) 18 AAC 50.380. General operating permits . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.385. Permit-by-rule for certain small st orage tanks . Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

87 18 AAC 50.390. Permit-by-rule for drilling rigs an d associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/20 02, Register 161; repealed 10/1/2004, Register 171)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

88 Article 4. User Fees

.

Section

400. Permit administration fees 401. Fees for a notice of MACT approval 403. Negotiated service agreements 405. Transition process for permit fees
410. Emission fees 420. Billing procedures 430. Fee appeal procedures 499. Definition for user fee requirements

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of
a Title V source described under 18 AAC 50.326 shal l pay to the department the annual permit
administration fees listed in this subsection. Per mittees will be invoiced in July for each period from July 1 through the following June 30. Each an nual permit fee is one-fifth of the total original permit cost or total cost of permit renewa l. An annual permit fee listed in this subsection for an original permit is applicable for five years following the date of the application for the original permit. An annual permit fee listed in th is subsection for renewal of a permit is collected in subsequent years after the fee for an original p ermit is paid in full. If a Title V source has bee n issued a Title V permit before January 29, 2005, th e permittee, owner, or operator shall pay the applicable annual fee for permit renewal. The foll owing permit administration fees apply to Title

V sources: (1) for renewal of a permit for an oil-and-gas sou rce with the potential to emit more than 250 tons per year of any one pollutant, t he

(A) annual permit fee is $1,633; and

(B) annual compliance review fee is $2,915;

(2) for renewal of a permit for a large power plan t with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,485; and

(B) annual compliance review fee is $1,700;

(3) for renewal of a permit for a small power plan t with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,315; and

(B) annual compliance review fee is $1,460;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

89 (4) for an original permit for a Title V source, w ith the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit, the

(A) annual permit fee is $2,020; and

(B) annual compliance review fee is $2,070;

(5) for renewal of a permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit, the

(A) annual permit fee is $1,347; and

(B) annual compliance review fee is $2,070;

(6) for an original permit for a small power plant with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,989; and

(B) annual compliance review fee is $1,540;

(7) for renewal of a permit for a small power plan t with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,326; and

(B) annual compliance review fee is $1,540;

(8) for a Title V source that is operating under t he department’s general operating permit for diesel engines, the annual compliance re view fee is $160;

(9) for renewal of a permit for a Title V source, other than one described in (1) – (8) of this subsection, and that has the potential to emit less than 250 tons per year of any one pollutant, the (A) annual permit fee is $1,326; and

(B) annual compliance review fee is $1,540.

(b) If the permittee, owner, or operator of a Titl e V source is subject to an annual permit fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, the department will refund any annual permit fees that had been paid for that renewal. Annual compliance review fe es and annual permit fees for original permits
are not refundable.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

90 (c) Before the department takes action on any perm it application received, and unless the minor permit is to be issued using the fast-track p rocedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary sourc e described in 18 AAC 50.502(b) who requests a minor permit must pay a nonrefundable one-time pe rmit fee listed in this subsection. The following one-time permit fees apply to stationary sources listed in 18 AAC 50.502(b):

(1) for an asphalt plant described in 18 AAAC 50.5 02(b)(1), a permit fee of $3,975; (2) for a thermal soil remediation unit described in 18 AAC 50.502(b)(2), a permit fee of $5,300;

(3) for a rock crusher described in 18 AAC 50.502( b)(3), a permit fee of $2,650;

(4) for an incinerator described in 18 AAC 50.502( b)(4), a permit fee of $7,950;

(5) for a Port of Anchorage stationary source, a p ermit fee of $7,950;

(6) for a coal preparation plant, a permit fee of $6,360.

(d) Before the department takes action on any perm it application received, and if the minor permit is to be issued using the fast-track p rocedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary sourc e described in 18 AAC 50.326 or 18 AAC 50.502 not subject to (c) of this section wh o requests a minor permit must pay a nonrefundable one-time permit fee of $3,975. Howev er, if fast-track procedures are not available under 18 AAC 50.542(b)(1), the permittee, owner, or operator must pay, for a stationary source other than one described in 18 AAC 50.502(b), an ad ditional nonrefundable permit fee of $2,650.

(e) Before the department takes action on an appli cation received for a permit under 18 AAC 50.508(3), the permittee, owner, or operator of a stationary source must pay a nonrefundable one-time permit fee as follows:

(1) for a minor permit establishing or revising a plantwide applicability limitation (PAL) without an ambient air quality analysis, a pe rmit fee of $3,975;

(2) for a minor permit establishing or revising a plantwide applicability limitation (PAL) with an ambient air quality analysis, a permi t fee of $7,950;

(3) repealed 7/25/2008.

(f) Repealed 7/25/2008.

(g) If the department prepares a general operating permit or a general minor permit, the department will determine the cost of that permit b y multiplying the number of hours the department spent to develop the permit by the hourl y rate of salary and benefits of the department employees who developed the permit. This cost will be divided by the number of permittees who receive or are expected to receive the permit to de termine the permit administration fee.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

91 (h) The permittee, owner, or operator of a station ary source shall pay an annual compliance review fee of $530, to be paid for each period from July 1 through the following June 30, for a stationary source that is not classified as needing a Title V permit and that is

(1) subject to a minor permit under 18 AAC 50.502; the compliance review fee must be paid in addition to the one-time permit fee s in (c) - (e) of this section or a general minor permit fee in (g) of this section; or

(2) required to have a minor permit under 18 AAC 5 0.502(b), that is operating under an operating or general operating permit issu ed before October 1, 2004.

(i) Before the department takes action on any requ est or application received, the permittee, owner, or operator of a stationary sourc e who requests a minor permit, review, action, or activity described in this subsection must pay a nonrefundable one-time permit fee as follows:

(1) to change a Title I permit by administrative a mendment under AS 46.14.285, a permit fee of $110;

(2) to change a Title V permit by administrative a mendment under 18 AAC 50.326, or to add a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e), a permit fee of $110, except as p rovided in (3) of this subsection;

(3) to change a Title V permit by administrative a mendment to incorporate, in accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by reference in 18 AAC 50.040, the requirements from a construction permit issued unde r 18 AAC 50.316, a permit fee of $795;

(4) for department approval of a modeling protocol , a fee of $1,170.

(j) After the department completes a review, actio n, or activity described in this subsection, and sought by the permittee, owner, or operator of a stationary source described in 18 AAC 50.326 or 18 AAC 50.502, the permittee, owne r, or operator will be invoiced for and shall pay a nonrefundable one-time fee as follows:

(1) for department review under 18 AAC 50.345(m) o f a source test plan, a fee of $400;

(2) for department review under 18 AAC 50.345(o) o f the results of a source test, a fee of $400;

(3) for department review and processing of an exc ess emission report or permit deviation report submitted in accordance with a sta tionary source's permit, a fee of $26.50;

(4) for a fee review under 18 AAC 15.190, a fee of $110; the department will waive the fee charged under this paragraph if the o utcome of the fee review is a reduction of 50 percent or more in the amount of the disputed fe e.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

92 (k) The permittee, owner, or operator of a station ary source who requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a preapproved emission limit under 18 AAC 50.230 must pay the following fe es:

(1) for an ORL,

(A) a one-time administrative fee of $1,990, to be paid before the department takes action on any request received; an d

(B) an annual compliance review fee of $110, unles s the permittee, owner, or operator is required to pay an annual compliance review fee under (a) or (h) of this section;

(2) for a preapproved emission limit for diesel en gines under 18 AAC 50.230(c),

(A) a one-time administrative fee of $110, to be p aid before the limit takes effect; and

(B) an annual compliance review fee of $110;

(3) for a preapproved emission limit for a gasolin e distribution facility considered under 18 AAC 50.230(d) to be a bulk gasoline plant

,

(A) a one-time administrative fee of $110, to be p aid before the limit takes effect; and

(B) an annual compliance review fee of $110.

( l ) Except as provided in (m)(10) of this section, t he fee for department approval of open burning under 18 AAC 50.065 is $200.

(m) Unless the designated regulatory service is su bject to a fixed fee set out in (a) - ( l ) of this section, or to the terms of a negotiated servi ce agreement under AS 37.10.052(b) and 18 AAC 50.405, the permittee, owner, or operator sh all pay an hourly permit administration fee for a designated regulatory service. The departmen t will calculate the total amount due under this subsection by multiplying the number of hours the department spent to provide the designated regulatory service by the hourly rate of salary and benefits of the department employees who provided the designated regulatory se rvice, and by adding to the resulting amount any other direct costs. Designated regulatory serv ices subject to this subsection include regulatory services for

(1) a minor permit under 18 AAC 50.502(c)(1), if a construction permit is not required under AS 46.14.130(a) for that stationary source;

(2) a minor permit under 18 AAC 50.502(c)(3);Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

93 (3) an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, if requested under 18 AAC 50.260(m), 18 AAC 50.306(e), 18 AAC 50 .326(k), or 18 AAC 50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current on all other billings in the department, the department will hol d in abeyance a fee charged under this paragraph during the course of the adjudicatory hea ring;

(4) a minor modification to a Title V permit under 40 C.F.R. 71.7(e)(1), adopted by reference in 18 AAC 50.040;

(5) a significant modification to a Title V permit under 40 C.F.R. 71.7(e)(3), adopted by reference in 18 AAC 50.040;

(6) repealed 7/25/2008;

(7) revision or rescission of terms or conditions of a Title I permit;

(8) observation of a source test;

(9) pre-application assistance, including service s under 18 AAC 50.260;

(10) department approval of open burning under 18 AAC 50.065, if the department determines that smoke incursion into a p ublic place, into an airport, into a Class I area, into a nonattainment area for carbon monoxide or PM-10, or into a maintenance area for carbon monoxide or PM-10 is likely;

(11) compliance and enforcement activities, includ ing preparation of a notice of violation, compliance order by consent, settlement agreement, or consent decree; however, for purposes of this paragraph, compliance and enforcem ent activities do not include activities after the filing of a complaint in court;

(12) completion of a permitting action that was re quested before January 29, 2005, except as provided in 18 AAC 50.405;

(13) the reopening of permit terms or conditions a t the request of the permittee, owner, or operator before issuance of a permit.

(n) In this section,

(1) "airport" has the meaning given in AS 02.25.10 0;

(2) "large power plant"

(A) means a Title V source

(i) that contains a coal-fired boiler;

(ii) the purpose of which is to generate electrici ty, and thatRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

94 contains a combustion turbine electric generator or natural gas-fired steam plant;

or

(iii) that has a potential to emit a total greater than or equal to 500 tons per year of regulated air pollutants in the ag gregate, and that contains emission units used to provide power to a mine or m ilitary base; and

(B) does not include a Title V source that operate s under the department's general permit for diesel engines;

(3) "oil-and-gas source" means a Title V source no t described in (2)(A) of this subsection, the purpose of which is the exploration for, extraction of, processing of, transportation of, or storage of crude oil, natural gas, or other petroleum products, or related activities; "oil-and-gas source" does not include a petroleum refinery or liquefied natural gas (LNG) plant; (4) "public place" has the meaning given in AS 46. 06.150;

(5) "small power plant"

(A) means a Title V source not described in (2)(A) or (3) of this
subsection

(i) the purpose of which is to generate electrici ty, and that
contains one or more diesel-fired internal combusti on engines to generate power

(ii) the purpose of which is seafood processing; o r

(iii) that has a potential to emit a total less th an 500 tons per year of regulated air pollutants in the aggregate, and t hat contains emission units used to provide power to a mine or military base; and

(B) does not include a Title V source that operate s under the department's general permit for diesel engines. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am 7/25/2008, Register 187)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240
AS 37.10.058

18 AAC 50.401. Fees for a notice of MACT approval. Repealed. (Eff. 10/1/2004, Register 171; repealed 1/29/2005, Register 173)

18 AAC 50.403. Negotiated service agreements. If a fixed permit administration fee has not been set under 18 AAC 50.400(a) - ( l ) for a designated regulatory service, the permitt ee, owner, or operator of a stationary source may reque st a negotiated service agreement underRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

95 AS 37.10.052(b) for that designated regulatory serv ice. If requesting a negotiated service agreement for one or more of the following designat ed regulatory services, the permittee, owner, or operator must submit a retainer payment of $5,30 0 per designated regulatory service before the department begins negotiations:

(1) a minor permit under 18 AAC 50.502(c)(2)(B);

(2) a PSD permit under 18 AAC 50.306 for a new maj or stationary source;

(3) a major modification of a major stationary sou rce;

(4) a construction permit under 18 AAC 50.302 for a new stationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5) a permit for the construction of a new station ary source or addition of an emission unit at a stationary source, if the statio nary source is

(A) in a sulfur dioxide special protection area es tablished under 18 AAC 50.025(c);

(B) in the Nikiski Industrial Area; or

(C) on an offshore platform;

(6) a major modification of a major stationary sou rce, for which a limit is requested specifically to avoid review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);

(8) the renewal of a Title V permit for a Title V source for which fees are not established under 18 AAC 50.400(a);

(9) a notice of MACT approval under 18 AAC 50.321. (Eff. 1/29/2005, Register 173; am 12/3/2005, Register 176)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140
AS 37.10.052 AS 46.03.020 AS 46.14.240
AS 37.10.058

18 AAC 50.405. Transition process for permit fees. For a permit issued under this chapter, if the applicant has submitted an applicat ion before January 29, 2005 and the department has not yet worked on that permit application, at t he request of the applicant, the department will process the permit under the provisions of 18 AAC 5 0.400 - 18 AAC 50.499 in effect on January 29, 2005. Any retainer submitted before January 29 , 2005 will be applied to any fees effectiveRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

96 after January 29, 2005. (Eff. 1/29/2005, Register 173)

Authority: AS 37.10.050 AS 46.03.020 AS 46.14.240
AS 44.46.025 AS 46.14.140

18 AAC 50.410. Emission fees. (a) On or after July 1, 2006, for each period from July 1 through the following June 30, the permittee, own er, or operator shall pay to the department an annual emission fee based on the stationary source’ s assessable emissions for that year for each stationary source that is subject to a permit under this chapter. The emissions fee is assessed per ton for each air pollutant for which projected emis sions are 10 tons per year or greater, except as limited under AS 46.14.250(e).

(b) Except as provided in (c), (f), and (g) of thi s section, emission fees will be assessed
as follows:

(1) for July 1, 2006 through June 30, 2007, the e missions fee rate is $12.52 per ton, and an additional assessment for January 1, 20 07 through June 30, 2007, as follows:

(A) for stationary sources required to obtain an o perating permit under AS 46.14.130(b), an emission fee rate of $13.06 per ton; of that per ton amount, $8.04 will be allocated to the clean air protection fund under AS 46.14.260, and $5.02 will be allocated to the emission control permit receipts a ccount under AS 46.14.265;

(B) for stationary sources not subject to (A) of t his paragraph but otherwise required to obtain a permit under AS 46.1 4.130, the emission fee rate of $5.02 per ton, which will be allocated to the emissions c ontrol permit receipts account under AS 46.14.265;

(2) for July 1, 2007 through June 30, 2008,

(A) the emissions fee rate is $31.80 per ton for s tationary sources required to obtain an operating permit under AS 46.14.130(b) ; of that per-ton amount, $26.28 will be allocated to the clean air protection fund under AS 46.14.260, and $5.52 will be allocated to the emission control permit receipts a ccount under AS 46.14.265; and

(B) for stationary sources not subject to (A) of t his paragraph, but otherwise required to obtain a permit under AS 46.1 4.130, the emission fee rate is $5.52 per ton, which will be allocated to the emission co ntrol permit receipts account under AS 46.14.265;

(3) for July 1, 2008 through June 30, 2009,

(A) the emission fee rate is $33.37 per ton for st ationary source required to obtain an operating permit under AS 46.14.130(b) ; of that per ton amount, $27.24 will be allocated to the clean air protection fund under AS 46.14.260, and $6.13 will be allocated to the emission control permit receipts a ccount under AS 46.14.265; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

97 (B) for stationary sources not subject to (A) of t his paragraph but otherwise required to obtain a permit under AS 46.1 4.130, the emission fee rate is $6.13 per ton, which will be allocated to the emission co ntrol permit receipts account under
AS 46.14.265.

(c) The quantity of emissions for which fees will be assessed is the lesser of the stationary source’s

(1) potential to emit; or

(2) projected annual rate of emissions, as that te rm is used in AS 46.14.250, if demonstrated by (A) an enforceable test method described in 18 AAC 50.220;

(B) material balance calculations;

(C) emission factors from EPA’s Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sourc es , adopted by reference in 18 AAC 50.035; or

(D) other methods and calculations approved by the department.

(d) For a stationary source that needs an operatin g permit only because that source contains an emission unit that is subject to a fede ral emission standard under 42 U.S.C. 7411 or 7412, only emissions from the emission unit subject to that standard are subject to emission fees under (b)(1)(A), (2)(A), and (3)(A) of this section

.

(e) In emissions projections prepared under AS 46. 14.250(h)(1)(B) and (c)(2) of this section, the permittee, owner, or operator shall ac count for emissions from equipment classified under 18 AAC 50.100 that temporarily replaces or su bstitutes for permanently installed equipment at a stationary source.

(f) For stationary sources required to obtain a mi nor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508(6) but not requir ed to obtain an operating permit under AS 46.14.130(b), the permittee shall pay a one-time emission fee assessed for the state fiscal year following the state fiscal year in which the permit was issued. The emission fee is based on assessable emissions for the state fiscal year bein g assessed and is billed in July of that year. The entire fee is allocated to the emission control per mit receipts account under AS 46.14.265. The
emission fee rate is

(1) $5.52 per ton for the state fiscal year beginning J uly 1, 2007; and

(2) $6.13 per ton for July 1, 2008 through June 30, 200 9.

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for a portable oil and gas operation under a general mi nor permit under 18 AAC 50.560, theRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

98 emission fee is allocated to the emission control p ermit receipts account under AS 46.14.265, and the permittee shall pay the emission fee

(1) at the time of application or notification fo r operation that will occur in the same state fiscal year;

(2) for operation that will occur during more than one state fiscal year under a single application or notification, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and

(3) at the following rates for a single portable o il and gas operation for which the owner or operator submits a new application or noti fication for operation under the general minor permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes North latitude,

(i) $1,808 for July 1, 2006 through December 14, 2 006; $725 for December 14, 2006 through June 30, 2007; $797 for J uly 1, 2007 through June 30, 2008; and $885 for July 1, 2008 through June 30 , 2009, for operation at one or more ice pads during a winter drilling season;

(ii) $5,424 for July 1, 2006 through December 14, 2006; $2,175 for December 14, 2006 through June 30, 2007; $2,391 for July 1, 2007 through June 30, 2008 and $2,656 for July 1, 2008 through J une 30, 2009 for operation during a state fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside t he area described in (A) of this paragraph,

(i) $1,685 for July 1, 2006 through December 14, 2 006; $676 for December 14, 2006 through June 30, 2007; $743 for J uly 1, 2007 through June 30, 2008; and $825 for July 1, 2008 through June 30 , 2009, for drilling five or fewer wells under the same application or notificat ion during a state fiscal year;

(ii) $3,370 for July 1, 2006 through December 14, 2006; $1,351 for December 14, 2006 through June 30, 2007; $1,486 for July 1, 2007 through June 30, 2008; and $1,650 for July 1, 2008 through June 30, 2009, for drilling no
fewer that six and no more than 10 wells under the same application or notification during a state fiscal year;

(iii) $5,055 for July 1, 2006 through December 14, 2006; $2,027 for December 14, 2006 through June 30, 2007; $2,229 for July 1, 2007 through June 30, 2008; and $2,475 for July 1, 2008 through June 30, 2009 for drilling 11 or more wells under the same application or notific ation during a state fiscal year.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

99 (h) For purposes of this section, “state fiscal year” m eans a year beginning on July 1 of one calendar year and ending on June 30 of the foll owing calendar year. (Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Regi ster 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 12/3/2005, Register 176 ; am 12/14/2006, Register 180)

Authority : AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020

18 AAC 50.420. Billing procedures. (a) The department will bill emission fees assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with AS 46.14.250. The department will bill fixed permi t administration fees under AS 46.14.240 and 18 AAC 50.400(a) - ( l )

(1) on or before the 15th of July; however, for th e period from January 29, 2005 through June 30, 2005, the permit administration fe es will be billed on or after January 29, 2005 and prorated for that time period; or

(2) quarterly on or before January 15, April 15, J uly 15, and October 15 if requested in writing by the person required to pay the fee.

(b) On or before the 15th of each month, the depar tment will bill permit administration fees for designated regulatory services rendered du ring the preceding month under 18 AAC 50.400(m). However, for reviews of excess e mission reports, the department will bill on a semiannual basis if requested in writing by th e person required to pay the fee.

(c) Fees assessed under this chapter are due withi n 60 days after the billing date. A payment that is past due accrues interest at the ra te set in AS 46.14.255 unless the person required to pay the fee successfully disputes the f ee or a portion of the fee under 18 AAC 50.430. Interest will be charged on the unpaid balance, be ginning on the 61st day after the billing date.

(d) A person required to pay an emission fee under 18 AAC 50.410 may pay that fee in equal quarterly installments if

(1) the fee exceeds $1,000; and

(2) a written request is submitted to the departme nt with the first installment before the due date described in (c) of this sectio n.

(e) If installment payments are requested under (d ) of this section, the remaining three installments, including interest accrued as describ ed in (c) of this section, must be paid on or before October 15, January 15, and April 15 of each year.

(f) An owner, operator, or permittee who

(1) increases a stationary source's assessable emi ssions through a permit revision shall pay to the department an emission fee for the increase in assessable emissions; the fee isRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

100 due within 60 days after the effective date of the permit revision; or

(2) decreases the stationary source's assessable e missions through a permit revision may request a prorated refund or credit to the stationary source's fee account toward
future fees.

(g) The owner, operator, or permittee who terminat es operations or whose permit has lapsed or is terminated by the department may reque st a refund calculated by the department for
fees collected in excess of the amount due for the stationary sources' actual emissions.

(h) Unless the owner, operator, or permittee reque sts otherwise, an invoice for emission fees or permit administration fees will be sent to the last known address of the stationary source that is subject to the fee. In an invoice, the dep artment will include an itemized list of charges and credits for the billing period and a calculatio n of total credit balance or amount due on the account. For permit administration fees for design ated regulatory services under 18 AAC 50.400(m), the department will also include as part of the itemized list the

(1) date on which the task was performed and a des cription of the task;

(2) name of the individual who performed the task; and

(3) the time spent on the task on that date and th e charge for the task, determined under 18 AAC 50.400(m). (Eff. 1/18/97, Register 14 1; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173 )

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240 AS 46.14.255

18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of a fee under AS 46.14 or this chapter or who dispute s the computation of charges may request
review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

(c) Repealed 7/11/2002. (Eff. 1/18/97, Register 1 41; am 7/11/2002, Register 163)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240

18 AAC 50.499. Definitions for user fee requiremen ts. In 18 AAC 50.400 – 18 AAC 50.499, unless the context requires otherwis e,

(1) “designated regulatory service” has the meanin g given in AS 37.10.058;

(2) “direct cost” has the meaning given in AS 37.1 0.058;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

101 (3) “hourly rate of salary and benefits” has the m eaning given in AS 37.10.058. (Eff. 1/29/2005, Register 173) Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140
AS 37.10.052 AS 46.03.020 As 46.14.240
As 37.10.058Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

102 Article 5. Minor Permits.

Section

502. Minor permits for air quality protection 508. Minor permits requested by the owner or opera tor 509. Construction of a pollution control project w ithout a permit 540. Minor permit: application 542. Minor permit: review and issuance 544. Minor permits: content 546. Minor permits: Revisions 560. General minor permits

18 AAC 50.502. Minor permits for air quality prote ction. (a) A minor permit is required as described in (b) - (f) of this section, except that a permit is not required under this
section (1) before construction, modification, or relocati on of a new major stationary source or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; however, a minor permit is required under this sect ion for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopt ed by reference in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issued as part of th e major permit;

(2) before operation if the stationary source need s a Title V permit; however, the need for a Title V permit does not exempt a station ary source from the requirement for a minor permit for construction, modification, or relocatio n;

(3) before relocation if the stationary source is already allowed by permit to operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this secti on, the owner or operator must obtain a minor permit under this section before construction , operation, or relocation of a stationary source containing

(1) an asphalt plant with a rated capacity of at l east five tons per hour of product;

(2) a thermal soil remediation unit with a rated c apacity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capacity of at lea st five tons per hour;

(4) one or more incinerators with a cumulative rat ed capacity of 1,000 pounds or more per hour; (5) a coal preparation plant; orRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

103 (6) a Port of Anchorage stationary source.

(c) The owner or operator must obtain a minor perm it under this section before

(1) beginning actual construction of a new station ary source with a potential to emit greater than (A) 15 TPY of PM-10;

(B) 40 TPY of nitrogen oxides;

(C) 40 TPY of sulfur dioxide;

(D) 0.6 TPY of lead; or

(E) 100 TPY of carbon monoxide within 10 kilometer s of a nonattainment

area; or

(2) beginning actual construction or, if not alrea dy authorized in a permit under this chapter, beginning relocation

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the owner or operator

(i) complies with an existing operating permit deve loped for the portable oil and gas operation at the permitted loc ation; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in (1) of this subsection that will cause for that pol lutant an emissions increase calculated at the discretion of the owner or operator as either an in crease in

(A) potential to emit that is greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; orRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

104 (iv) 100 TPY of carbon monoxide for a stationary s ource within 10 kilometers of a nonattainment area; or

(B) actual emissions and a net emissions increase greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

(iv) 100 TPY of carbon monoxide for a stationary s ource within
10 kilometers of a nonattainment area.

(d) An owner or operator may satisfy the requireme nt for a minor permit under this section through a stationary source-specific permit issued under 18 AAC 50.540 – 18 AAC 50.544 or a general minor permit under 18 AA C 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a stationary source listed in (b) of th is section

(1) if operating under an operating permit issued before October 1, 2004 may

(A) continue to operate under that permit, which r emains in effect regardless of the stated expiration date in the per mit, unless the department takes an action under AS 46.14.280; or

(B) apply for a new permit under this section at a ny time; or

(2) if qualified, may apply for and operate under a general operating permit that was issued before October 1, 2004 and that has not expired or been revoked by the department as of the date the department receives a complete appl ication; the owner or operator may

(A) continue to operate under that permit, which r emains in effect regardless of the stated expiration date in the per mit, unless the department takes action under AS 46.14.280; or

(B) apply for a new permit under this section at a ny time.

(e) For the purposes of (c)(3) of this section, ac tual emissions shall be calculated by comparing projected actual emissions to the baselin e actual emissions. In determining the projected actual emissions, before beginning actual construction, the owner or operator of the stationary source shall

(1) consider all relevant information, including h istorical operational data, the owner’s or operator’s own representations, the owne r’s or operator’s expected business activity and the owner’s or operator’s highest projections o f business activity, the owner’s or operator’sRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

105 filings with the state or federal regulatory author ities, and compliance plans under AS 46.14.120; and

(2) include fugitive emissions to the extent quant ifiable and emissions associated with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissi ons that results from the particular project, that portion of the unit's emis sions following the project that an existing unit could have accommodated during the consecutive 24-m onth period used to establish the baseline
actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(f) If the owner or operator elects to base permi t applicability for a modification on a calculation of actual emissions, if the project doe s not need a minor permit based on that calculation, and if a reasonable possibility exists that the project may result in an emissions increase greater than the thresholds in (c)(3) of t his section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the pr oject, the owner or operator
shall document and maintain a record of the followi ng information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated NSR pollutant that could be affected by the project ; and

(C) a description of the applicability test used t o determine that the project is not a modification subject to (c)(3) of this sec tion for any regulated NSR pollutant, including the baseline actual emissions, the projec ted actual emissions, the amount of emissions excluded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicab le;

(2) if the emission unit is an existing electric u tility steam generating unit, before beginning actual construction, the owner or operato r shall provide a copy of the information listed in(1) of this subsection to the department;

(3) the owner or operator shall monitor the emissi ons of any regulated NSR pollutant that could increase as a result of the pr oject and that is emitted by any emission unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basi s, for a period of five years following resumption of regular operations after the project, or for a period of 10 years following resumption of regular operations after the project if the project increases the design capacity of or potential to emit that regulated NSR pollutant at t hat emission unit;

(4) if the emission unit is an existing electric u tility steam generating unit, the owner or operator shall submit a report to the depa rtment within 60 days after the end of eachRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

106 year during which records must be generated under ( 3) of this subsection setting out the unit's annual emissions during the calendar year that prec eded submission of the report.

(5) if the emissions unit is an existing unit othe r than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project ident ified in (1) of this subsection, exceed the baseline actual emissions, as documented and mainta ined under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this s ection for that regulated NSR pollutant, and if those emissions differ from the reconstruction proj ection as documented and maintained under (1)(C) of this subsection; the report shall be subm itted to the department within 60 days after the end of that year; the report must contain the follo wing:

(A) the name, address, and telephone number of the stationary source;

(B) the annual emissions as calculated under (3) o f this subsection;

(C) any other information that the owner or operat or wishes to include in the report.

(g) An increase in emissions under (c)(3) of this section does not require a permit under that paragraph if a plantwide applicability limitat ion (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by refere nce in 18 AAC 50.040.

(h) For the purposes of this section

(1) “baseline actual emissions” has the meaning gi ven in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that definition the term “major stationary source” is revised to read “stationary source withi n the meaning given in AS 46.14.990”;

(2) “electric utility steam generating unit” has t he meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and ad opted by reference;

(3) “net emissions increase” has the meaning given in 40 C.F.R. 52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net emissions increase” applies to

(A) any increase in emissions of an air pollutant at a stationary source with existing emissions of that air pollutant great er than the amounts listed in (c)(1) of this section; notwithstanding 40 C.F.R. 52.21(a)(2) (iv), as reference in 40 C.F.R. 52.21(b)(3)(i)( a ), “net emissions increase” is not restricted to a significant emissions increase or significant net emissions increase with in the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40, or to a major stationar y source; and

(B) the calculation of whether a modification requ ires a minor permit under (c)(3) of this section, rather than whether t he modification is a major modification;

(4) “projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emission unit is projected to emi t a regulated NSR pollutant in any one of theRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

107 five 12-month periods following the date the unit r esumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit tha t regulated NSR pollutant and full utilization of
the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section. (Eff. 10/1/2004, Regist er 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.508. Minor permits requested by the owne r or operator. An owner or operator may request a minor permit from the depart ment for

(1) repealed 7/25/2008;

(2) repealed 7/25/2008;

(3) establishing or revising a plantwide applicabi lity limitation (PAL) for a major stationary source; the provisions of 40 C.F.R. 52.2 1(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revise d under this chapter;

(4) establishing actual emission reductions from a n existing stationary source if requested by that source’s owner or operator to off set an increase in allowable nonattainment air pollutant emissions at a

(A) new major stationary source;

(B) major modification; or

(C) PAL major modification;

(5) establishing an owner requested limit (ORL) at a stationary source; the owner or operator may avoid a permit classification under AS 46.14.130 if the department approves an owner requested limit on the source’s ability to em it air pollutants; a limitation approved under an ORL is an enforceable limitation for the purpose of determining

(A) stationary source-specific allowable emissions ; and

(B) a stationary source’s potential to emit; or

(6) revising or rescinding the terms and condition s of a Title I permit issued under this chapter. (Eff. 10/1/2004, Register 171; am 7/ 25/2008, Register 187)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

108 Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.509. Construction of a pollution control project without a permit. Repealed. (Eff. 10/1/2004, Register 171; repealed 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140
AS 46.14.010 AS 46.14.130 AS 46.14.170
AS 46.14.020

18 AAC 50.540. Minor permit: application. (a) Application information. An application for a stationary source-specific minor permit must provide all of the information required by this section, including all information required by the applicable listed forms, unless the department specifies that the provision of one or more specific items makes the provision of additional items unnecessary for the department’s d etermination. Applications must be on department forms.

(b) General information. Each application must include the information presc ribed by
the Stationary Source Identification Form , included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary source, a permit application under 18 AAC 50.502 mu st include

(1) the information required in the following form s, included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emission Unit Information Form ;

(B) the Emission Summary Form ; and

(2) for a permit for construction, modification, o r relocation of a stationary source, a demonstration that the proposed potential emissions from the stationary source will not
interfere with the attainment or maintenance of the ambient air quality standards; the ambient demonstration must follow an approved modeling prot ocol if the department requests a modeling protocol for demonstrating compliance with ambient air quality standards; unless the department has made a finding in writing that the stationary s ource or modification does not need an ambient analysis to determine that construction and operati on will not result in a violation of an ambient air quality standard, the application must include an ambient analysis for

(A) each air pollutant for which a permit is requi red under 18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and gas operation;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

109 (C) sulfur dioxide for a stationary source in an s ulfur dioxide special protection area established under 18 AAC 50.025(c); or

(D) an air pollutant for which the department requ ests an analysis for a stationary source classified under 18 AAC 50.502(b)

.

(d) Carbon monoxide source or modification. For construction that would increase carbon monoxide emissions by 100 TPY or more within 10 kilometers of a nonattainment area, an application must include a demonstration that th e potential to emit carbon monoxide emissions from construction and operation of the st ationary source or emissions increase from
the modification will not cause or contribute to a violation of the ambient air quality standard for
carbon monoxide.

(e) Port of Anchorage. For a Port of Anchorage stationary source, the ap plication must include the information required in the department’ s Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Deliv ery Tanks, and Loading Racks , adopted by
reference in 18 AAC 50.030.

(f) Repealed 7/25/2008.

(g) Repealed 7/25/2008.

(h) Plantwide applicability limitation (PAL). An application for a minor permit establishing or revising a plantwide applicability limitation (PAL) must include the information listed in 40 C.F.R. 52.21(aa)(3), adopted by refere nce in 18 AAC 50.040. As the department considers necessary to evaluate impacts on ambient air quality standards, the department will require the application to include a demonstration that emissions under the PAL will not cause or contribute to a violation of ambient air quality st andards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or o perational limitations necessary to provide
actual emission reductions of the nonattainment air pollutant; including

(1) a calculation of the expected reduction in act ual emissions; and

(2) the emission limitation representing that quan tity of emission reduction.

(j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) must include the information and materials required under 18 AAC 50.225(b)(2) – (6) and (8).

(k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditions of a Tit le I permit must include

(1) a copy of the Title I permit that established the permit term or condition;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

110 (2) an explanation of why the permit term or condi tion should be revised or rescinded;

(3) the effect of revising or revoking the permit term or condition on emissions, other permit terms, and compliance monitoring; and

(4) for a condition that allows an owner or operat or to avoid a permit classification, the information required of an appl icant for that type of permit, unless the revised condition would also allow the owner or operator to avoid the classification. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2 005, Register 176; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.542. Minor permit: review and issuance. (a) Permit issuance procedure options. The department will use either the fast-track proce dures in (b) and (c) of this section, or the procedures in (d) of this sect ion to issue a stationary source-specific minor permit. The fast-track procedures are available fo r a permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) of t his section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c) for carbon m onoxide emissions;

(B) in a sulfur dioxide special protection area es tablished under 18 AAC 50.025(c);

(C) in the Nikiski Industrial Area; or

(D) on an offshore platform; or

(2) a person requests a public comment period unde r (b)(1) of this section.

(b) Fast-track procedures. Fast-track procedures for minor permits under
18 AAC 50.502 are as follows:

(1) upon receiving a complete application the depa rtment will give notice using the Alaska Online Public Notice System established under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the departm ent, including any person who requests to be notified, and by other means the department finds n ecessary for informing the public; if a person requests to be sent notice by postal mail instead o f electronic mail, the department will send the notice by postal mail; in the notice, the departmen t willRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

111 (A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day pu blic comment period under (d) of this section; if a comment period is r equested, the department will make a preliminary decision and issue a public notice unde r (d) of this section;

(2) if required by the department, the owner or op erator shall apply online;

(3) for an air pollutant for which a permit is req uired under 18 AAC 50.502(c), or for an air pollutant for which the department reque sts an analysis for a stationary source classified under 18 AAC 50.502(b), the application must include a screening ambient air quality analysis in accordance with (c) of this section, un less the department has made a finding in writing that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard; (4) the fast-track procedures are available only i f all predicted air pollutant concentrations meet the compliance criteria in (c)( 2) of this section;

(5) if the approval criteria of (f) of this sectio n are met, the department will issue the permit within 30 days after receiving the appli cation.

(c) Screening ambient air quality analysis. A screening ambient air quality analysis under (b)(3) of this section

(1) must

(A) follow a modeling protocol developed by the de partment or otherwise approved by the department that is suitable for fas t-track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately review the r esulting modeling demonstration in the time available for fast-track permitting;

(B) use a model and screening meteorological data approved by the department for the fast-track procedure;

(2) is considered to show compliance with the ambi ent air quality standard for an air pollutant and averaging period if

(A) for a new stationary source or modification, t he predicted ambient air concentration from the stationary source, excluding offsite or background contributions,
does not exceed 2/3 of each ambient standard for PM -10, or 80 percent of each ambient standard for sulfur dioxide or nitrogen oxides;

(B) for a modification, the predicted concentratio n resulting from the increase is less than the significant impact levels in Table 5 in 18 AAC 50.215(d); orRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

112 (C) for a modification, if the owner or operator h as completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification and, the sum of the highest ambien t air concentration from the previous analysis plus the highest predicted ambient air con centration resulting from the increase is less than the concentration described in (A) of thi s paragraph.

(d) Procedures that include a public comment period. The department will use the following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under 18 AAC 50.502 for which the fast-track procedures i n (b) and (c) of this section are not
available: (1) no later than 30 days after an application is determined or considered to be complete under AS 46.14.160 or additional informati on is submitted in accordance with AS 46.14.160(c), the department will make a prelimi nary decision to approve or deny the application; the department will provide notice and opportunity for public comment on the department’s preliminary decision as follows:

(A) the department will provide at least 30 days f or the public to submit

comments; (B) the department will give notice

(i) using the Alaska Online Public Notice System e stablished under AS 44.62.175;

(ii) by mail or electronic mail to persons on a li st maintained by the department, including any person who requests t o be notified; if a person requests to be sent notice by postal mail instead o f electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessar y for informing the public;

(C) the department will make available for public inspection in at least
one location in the affected area

(i) the information submitted by the owner or oper ator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department’s preliminary approval or denial; and

(iv) if the department proposes to approve the app lication, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit issued under 18 AAC 50.306 – 18 AAC 50.316, the dep artment will provide an opportunity for public hearing in accordance with 4 0 C.F.R. 51.166(q)(2)(v), adopted byRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

113 reference in 18 AAC 50.040; and

(E) the department will make a preliminary decisio n to approve the application only if the application includes all in formation required by 18 AAC 50.540, and the department finds that the approval criteria of (f) of this section will be met; the department will include in a preliminary permit any conditions necessary to assure compliance with this chapter;

(2) the department will notify the applicant, and any person who commented on the department’s preliminary decision, of the depar tment’s final decision to approve or deny the permit application; a person described in AS 46.14. 200 may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15. 340; in a notification of denial of an application, the department will include the reason s for denial.

(e) Adding a minor permit to a Title V permit by admini strative amendment. An owner or operator may add the conditions of a minor permit to a Title V permit by administrative
amendment if (1) the minor permit is issued using procedures th at satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions that satisfy the requirements of both
18 AAC 50.544 and 18 AAC 50.326.

(f) Approval criteria. The department will

(1) deny a minor permit application for a stationa ry source or modification classified under 18 AAC 50.502 if the department fi nds that construction and operation will
result in a violation of

(A) a requirement of 18 AAC 50.045 – 18 AAC 50.090 ; or

(B) an ambient air quality standard;

(2) deny a minor permit application for carbon mon oxide emissions near a nonattainment area if the department finds that con struction and operation of the stationary
source will cause an ambient concentration that exc eeds a carbon monoxide concentration in
Table 5 in 18 AAC 50.215 at a location that does no t or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage st ationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045 – 18 AAC 50.090;

(4) repealed 7/25/2008;

(5) repealed 7/25/2008;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

114 (6) approve a minor permit for establishing or rev ising a PAL, if the department
finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if the department r equired an ambient air quality analysis, that
emissions under the PAL will not cause or contribut e to a violation of an ambient air quality standard; (7) approve a minor permit for a limitation reques ted under 18 AAC 50.508(4) to establish offsetting emissions, if the department f inds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner r equested limit under 18 AAC 50.508(5), if the department finds that

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determi ning continuous compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit term or condition, if the department finds t hat the permit will still require the owner or operator to comply with all applicable requirements of this chapter.

(g) Duration . A minor permit issued under this section remains in effect until changed by another Title I permit or by an action by the de partment under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopted by ref erence in 18 AAC 50.040, for a plantwide applicability limitation; and

(2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writ ing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2 008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.200

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, t he permittee, and contact information;

(2) include the requirement to pay fees in accorda nce with 18 AAC 50.400 – 18 AAC 50.499;

(3) include any conditions established under 18 AA C 50.201; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

115 (4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary source.

(5) include the standard permit conditions in 18 A AC 50.345, as applicable.

(b) In each minor permit under 18 AAC 50.502(b), t he department will include

(1) terms and conditions as necessary to ensure t hat the proposed stationary source or modification will meet the requirements o f AS 46.14 and this chapter, including terms
and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed by the department and at locations and intervals, and by p rocedures specified by the department;

(C) providing source test reports, monitoring data , emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) a permit condition requiring the owner or oper ator to

(A) perform regular maintenance considering the ma nufacturer’s or the operator’s maintenance procedures;

(B) keep records of any maintenance that would hav e a significant effect on emissions; the records may be kept in an electro nic format; and

(C) keep a copy of either the manufacturer’s or th e operator’s maintenance procedures.

(c) In each minor permit under 18 AAC 50.502(c), t he department will include

(1) terms and conditions as necessary to ensure th at the proposed stationary
source or modification will not cause or contribute to a violation of any ambient air quality standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and conditions under AS 46.14.180 f or

(A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed by the department and at locations and intervals, and by p rocedures specified by the department;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

116 (C) providing source test reports, monitoring data , emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and conditions requiring performance tes ts for emission limits under 18 AAC 50.050 – 18 AAC 50.090; and

(3) terms and conditions requiring maintenance of equipment according to the manufacturer’s or operator’s maintenance procedures , including requirements to keep a copy of either the manufacturer’s or the operator’s mainten ance procedures.

(d) For each stationary source that is not subject to Title V permitting under 18 AAC 50.326, the department will include in the m inor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of w hether the stationary source is still accurately described by the application and minor p ermit, and whether the owner or operator has made changes that would trigger the requirement for a new permit under this chapter. In the minor permit, the department will set out a time pe riod between required affirmations as appropriate to the stationary source regulated by t he minor permit.

(e) Repealed 7/25/2008.

(f) In a minor permit that establishes or revises a plantwide applicability limitation (PAL), the department will include

(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 18 AAC 50.040; and

(2) conditions as the department considers necessa ry to prevent emissions under the PAL from causing or contributing to a violation of an ambient air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the department will include terms and conditions to ens ure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including terms an d conditions imposed under AS 46.14.180 for

(A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed by the department and at locations, intervals, and by proc edures specified by the department;

(C) providing source test reports, monitoring data , emissions data, and information from analyses of any test samples;

(D) keeping records; andRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

117 (E) making periodic reports on process operations and emissions. (h) In each minor permit establishing an owner req uested limit (ORL) under 18 AAC 50.508(5), the department will include terms and conditions that

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and reporting requirements;

(2) list all equipment covered by the ORL; and

(3) describe each permit classification under AS 4 6.14.130 that the ORL allows the owner or operator to avoid, or each maximum all owable increase under 18 AAC 50.020 or ambient air quality standards that will be protecte d.

(i) In each minor permit under 18 AAC 50.508(6) th at revises or rescinds terms or conditions of a Title I permit, the department will include terms and conditions as necessary to ensure that the permittee will construct and operat e the proposed stationary source or modification in accordance with this chapter. If t he limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in eff ect until the owner or operator obtains

(A) a new construction permit or minor permit unde r this chapter as if the limit had never existed; or

(B) under this section or under 18 AAC 50.508, a n ew limit that allows the owner or operator to continue to avoid preconst ruction review; or

(2) made it possible to avoid a Title V permit, th e limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classifie d in 18 AAC 50.508, a new limit that allows the owner or operator to cont inue to avoid the need for the permit. (Eff.10/1/2004, Register 171; am 12/1/2004, Registe r 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Register 188)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.250

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the procedures of 18 AAC 50.540 – 18 AAC 50.544 to revi se a minor permit, either at the request of the permittee or on the department’s own initiative , in accordance with AS 46.14.280.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

118 (b) Notwithstanding (a) of this section, the depar tment may revise non-substantive elements of a minor permit without further administ rative procedures. (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.285

18 AAC 50.560. General minor permits. (a) Criteria. The department may issue a general minor permit to allow construction or opera tion of stationary sources or emission units
that (1) require a minor permit;

(2) involve the same or similar types of operation ;

(3) involve the same type of emissions; and

(4) are subject to similar air quality control req uirements.

(b) General minor permit issuance procedures. To issue a general minor permit, the department will provide notice and opportunity for public comment on the department’s proposed permit by

(1) posting a public notice on the Alaska Online P ublic Notice System established under AS 44.62.175;

(2) sending a copy of the notice by mail or electr onic mail to persons on a list maintained by the department, including any person who has requested to be notified; if a person requests to be sent notice by postal mail instead o f electronic mail, the department will send the notice by postal mail;

(3) distributing the notice using other means the department finds necessary for informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

(A) a description of the stationary sources that w ould qualify under the general minor permit;

(B) the results of any department analysis on the effect on air quality;

(C) the reasons for the department’s proposed acti on;

(D) a copy of the proposed permit and of the propo sed application orRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

119 notification form;

(E) a description of how interested persons may co mment on the proposed general minor permit, including the period during w hich the department will accept public comments; and

(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.

(c) Application or notification forms. The department will issue an application or notification form with each general minor permit. This may include an online or electronic form. The forms will identify the information that an ap plicant must provide to operate under the general minor permit, including

(1) information identifying the stationary source and location of the stationary source, and contact information; as necessary to sh ow that the stationary source meets the qualifying criteria or a term or condition of the g eneral minor permit, the department will require that location information required under this subse ction or under (d) – (g) of this section include a map and scale drawing;

(2) any information that is necessary to determine that the stationary source qualifies for the general minor permit;

(3) identification of all equipment to be operated under the general minor permit;
and (4) a certification by the applicant that the stat ionary source is capable of complying with all permit requirements.

(d) Applying to construct or operate under a general mi nor permit. To construct or operate under a general minor permit, the owner or operator must submit the appropriate completed application or notification form for the specific stationary source type. In a general minor permit, the department will specify whether t he applicant must submit a complete notification form and operate in compliance with th e general minor permit, or whether the applicant must also obtain department approval unde r (e) of this section to operate under the general minor permit. If the general minor permit requires that the applicant get approval, the department will notify the owner or operator within 30 days after receipt of the application that

(1) the application is complete;

(2) additional information is necessary to make th e application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general mi nor permit. Approval to construct or operate under the general minor permit is granted when the department finds the application complete. If the general minor permit does not require department approval, and ifRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

120 the stationary source meets all of the qualifying c riteria and operates in compliance with the general minor permit, the owner or operator may con struct or operate under the permit immediately after the department receives a complet ed notification form. The general minor permit authorizes construction or operation only fo r

(1) equipment identified in the application or not ification; and

(2) a location identified under (c), (f), or (g) o f this section.

(f) General minor permit content. In a general permit the department will set out

(1) criteria that must be met in order for a stati onary source to qualify under the general minor permit;

(2) a requirement to notify the department of the physical location of the stationary source before commencing construction or operation under the general minor permit, if the location is not provided in the application or notification;

(3) requirements in accordance with 18 AAC 50.544;

(4) for portable stationary sources, a notificatio n form and procedures for a change in location; and

(5) any other terms and conditions that are necess ary to assure that the stationary source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to opera te under a general minor permit at additional locations not identified in the permit application or notification if the

(1) permittee notifies the department by submittin g a completed change of location form following the procedures specified in the permit; and

(2) stationary source will continue to meet all of the permit’s qualifying criteria at each location. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180
AS 46.14.010 AS 46.14.140 AS 46.14.211
AS 46.14.020 AS 46.14.150 AS 46.14.250
AS 46.14.120 AS 46.14.170Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

121 Article 6. (Reserved)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

122 Article 7. Conformity

.

Section 700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 705. Coverage of 18 AAC 50.700 - 18 AAC 50.735: ob ligations of responsible agency 710. Transportation conformity: incorporation by r eference of federal regulations 715. Transportation conformity: interagency consul tation procedures 720. Transportation conformity: public involvement 725. General conformity: incorporation by referenc e of federal regulations 730. General conformity: mitigation of air quality impacts 735. General conformity: frequency of conformity d eterminations

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 5 0.735 . The purpose of
18 AAC 50.700 - 18 AAC 50.735 is to ensure that a t ransportation plan, program project, or
federal action within a nonattainment or maintenanc e area, will not hinder attainment of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is feder ally-funded or federally-approved;

or (2) the project is nonfederally funded but is a regionally significant project that is funded, adopted, or approved by a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705. Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations of responsible agency. (a) The requirements of 18 AAC 50.710 – 18 AAC 50.720 apply to

(1) a transportation plan, program, or project wit hin a nonattainment or maintenance area that is funded by, or requires app roval under, 23 U.S.C. or 49 U.S.C. 5301 – 5338; or (2) a project that is nonfederally funded, but tha t is a regionally significant project funded, adopted, or approved by a current or prior recipient of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Act)

(b) The requirements of 18 AAC 50.725 - 18 AAC 50. 735 apply to all federally-funded or approved actions within a nonattainment or maint enance area not described in (a) of this
section.

(c) It is the obligation of the responsible agency to meet the applicable requirements of 18 AAC 50.700 - 18 AAC 50.735. For purposes of

(1) transportation conformity under 18 AAC 50.710 – 18 AAC 50.720, “responsible agency” means the agency thatRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

123 (A) receives or manages the federal money for the transportation plan, program, or project referred to in (a) of this sect ion;

(B) develops the transportation plan, program, or project referred to in (a) of this section; or

(C) funds, adopts, or approves a nonfederal, regio nally significant project and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53;

(2) general conformity under 18 AAC 50.725 – 18 AA C 50.735, “responsible agency” means the federal agency that is responsibl e for the funding or for approval of the action referred to in (b) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation conformity: incorpor ation by reference of federal regulations. An agency subject to 40 C.F.R. 93 shall comply wi th the following federal regulations, as amended through August 15, 1997, adopted by reference:

(1) 40 C.F.R. 93.100 (Purpose);

(2) 40 C.F.R. 93.101 (Definitions);

(3) 40 C.F.R. 93.102 (Applicability);

(4) 40 C.F.R. 93.103 (Priority);

(5) 40 C.F.R. 93.104 (Frequency of conformity dete rminations);

(6) 40 C.F.R. 93.106 (Content of transportation pl ans);

(7) 40 C.F.R. 93.107 (Relationship of transportati on plan and TIP conformity with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for trans portation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of transportation plans, programs, and projects: Gene ral);

(10) 40 C.F.R. 93.110 (Criteria and procedures: L atest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and procedures: L atest emission model);

(12) 40 C.F.R. 93.112 (Criteria and procedures: C onsultation);Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

124 (13) 40 C.F.R. 93.113 (Criteria and procedures: T imely implementation of TCMs); (14) 40 C.F.R. 93.114 (Criteria and procedures: C urrently conforming transportation plan and TIP);

(15) 40 C.F.R. 93.115 (Criteria and procedures: P rojects from a plan and TIP);

(16) 40 C.F.R. 93.116 (Criteria and procedures: L ocalized CO and PM-10 violations (hot spots));

(17) 40 C.F.R. 93.117 (Criteria and procedures: C ompliance with PM-10 control measures); (18) 40 C.F.R. 93.118 (Criteria and procedures: M otor vehicle emissions budget); (19) 40 C.F.R. 93.119 (Criteria and procedures: E mission reductions in areas without motor vehicle emissions budgets);

(20) 40 C.F.R. 93.120 (Consequences of control st rategy implementation plan failures); (21) 40 C.F.R. 93.121 (Requirements for adoption o r approval of projects by other recipients of funds designated under 23 U.S.C . or 49 U.S.C. 53 (the Federal Transit Act));

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportation-related emissions); (23) 40 C.F.R. 93.123 (Procedures for determining localized CO and PM-10 concentrations (hot-spot analysis));

(24) 40 C.F.R. 93.124 (Using the motor vehicle emi ssions budget in the applicable implementation plan (or implementation plan sub mission));

(25) 40 C.F.R. 93.125 (Enforceability of design c oncept and scope and projectlevel mitigation and control measures);

(26) 40 C.F.R. 93.126 (Exempt projects);

(27) 40 C.F.R. 93.127 (Projects exempt from region al emissions analyses); and

(28) 40 C.F.R. 93.128 (Traffic signal synchronizat ion projects). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

Editor's note: The regulations of the Federal Highway Administra tion and the Federal Transit Authority concerning fiscal constraint refe rred to by paragraph (8) may be found at 23 C.F.R. 450.216(a)(5), 23 C.F.R. 450.322(b)(11), and 23 C.F.R. 450.324(e).Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

125 18 AAC 50.715. Transportation conformity: interage ncy consultation procedures. (a) Before issuing a final conformity determinatio n under 18 AAC 50.700 - 18 AAC 50.720, the responsible agency described in 18 AAC 50.705(c)(1) , shall

(1) contact the office of the local governing body to determine if that office is aware of any plans for construction of a regionally significant project that is not funded under 23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, incl uding any project for which alternative locations, design concept and scope, or the no-buil d option are still being considered;

(2) prepare a preliminary interagency discussion d raft, a public review draft, and a final draft of the conformity determination throu gh the interagency consultation process described in (b) - (g) of this section with staff o f

(A) the department;

(B) the local air quality planning agency;

(C) the Alaska Department of Transportation and Pu blic Facilities;

(D) the local transportation agency;

(E) any agency created under state law that sponso rs or approves transportation projects;

(F) the United States Environmental Protection Age ncy;

(G) the Federal Highway Administration;

(H) the Federal Transit Administration; and

(3) hold a public hearing or meeting in accordance with procedures established under 18 AAC 50.720 to provide the public with an o pportunity to consider the public review draft of the conformity determination.

(b) A staff member of the responsible agency shall

(1) consult with staff of the agencies listed in ( a)(2) of this section to prepare a preliminary interagency discussion draft of the con formity determination, including necessary supporting information;

(2) ensure that all documents and information rele vant to the preliminary interagency discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participat ing agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion draft; written a gency comments and written responses must be included in the record of any conformity decisio n or action.Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

126 (c) In preparing the preliminary interagency discu ssion draft, a staff member of the responsible agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and choose a traffic demand and reg ional emissions model, and associated methods and assumptions to be used in a hot-spot analysis or a regional emissions analysis; (2) determine which minor arterials and other pr ojects should be considered regionally significant for purposes of a regional e missions analysis, in addition to those regionally significant projects as defined in 40 CF R 93.101, adopted by reference in 18 AAC 50.710;

(3) discuss whether a project that is otherwise ex empt from the requirements of
18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.12 6 and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be treated as no nexempt if potential regional emissions impacts or other adverse emissions impacts might ex ist for any reason;

(4) determine, as required by 40 C.F.R. 93.113(c)( 1), adopted by reference in 18 AAC 50.710, whether past obstacles to implementa tion of a transportation control measure (TCM) defined in 40 C.F.R. 93.101, adopted by refer ence in 18 AAC 50.710, that is behind the schedule established in the state implementation pl an have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or fun ding for TCMs; the interagency consultation process must also consider whether del ays in TCM implementation necessitate a revision to the state implementation plan to remove or to substitute a TCM or other emission reduction measures;

(5) determine, as required by 40 C.F.R. 93.121, ad opted by reference in 18 AAC 50.710, (A) that a regionally significant project

(i) is included in a regional emissions analysis s upporting the currently conforming TIP's conformity determination , even if the project is not included in the TIP for the purposes of project sel ection or endorsement; and

(ii) design concept and scope have not changed sig nificantly from those included in the transportation plan, TIP, or regional emissions analysis; or

(B) that, based on the requirements for a project that is not from a conforming transportation plan and TIP, as specifie d in 40 C.F.R. 93.118 and 40 C.F.R. 93.119, adopted by reference in 18 AAC 50.710,

(i) there is a currently conforming transportation plan and TIP, and a new regional emissions analysis that includes the regionally significant project;
and (ii) the currently conforming transportation plan and TIP will still conform if the regionally significant project is im plemented;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

127 (6) identify, as required by 40 C.F.R. 93.123(b), adopted by reference in 18 AAC 50.710, projects located at sites within a P M-10 nonattainment area identified in 18 AAC 50.015(b)(2) that have vehicle and roadway e mission and dispersion characteristics essentially identical to those at sites that have a ir quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 hot-s pot analysis; and

(7) notify staff of participating agencies of any revision or amendment to a transportation plan or TIP that merely adds or dele tes an exempt project listed in 40 C.F.R. 93.126, adopted by reference in 18 AAC 50.710.

(d) In addition to the consultation described in (c) of this section, a staff member of the responsible agency shall consult with staff of the state and local agencies listed in (a)(2) of this
section to (1) evaluate events that will trigger new conformi ty determinations in addition to those triggering events established in 40 C.F.R. 93 .104, adopted by reference in 18 AAC 50.710;

(2) consider an emissions analysis for transportat ion activities that extend beyond the boundaries of a local governing body, nonattain ment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model developme nt by the local governing body, such as household or travel transportation surveys.

(e) If the metropolitan planning area does not inc lude the entire nonattainment or maintenance area, the interagency consultation must include staff of the local governing body and the Alaska Department of Transportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance

area. (f) After completing the interagency consultation process, the responsible agency shall prepare the public review draft of the conformity d etermination, based on changes made to the preliminary draft during the consultation process, and shall make the public review draft available for public review and comment as required in 18 AAC 50.720.

(g) After opportunity for public review and commen t on the public review draft of the conformity determination, the responsible agency sh all

(1) prepare a final draft of the conformity determ ination in consultation with staff of the participating agencies; and

(2) after the consultation described in (1) of thi s subsection, issue the final conformity determination to the agencies listed in (a)(2) of this section and provide the supporting information upon request.

(h) The department will refer to the governor for resolution any conflict between state agencies or between state and local agencies that c annot be resolved by the heads of the involved agencies. The department will make the referral to the governor within 14 calendar days afterRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

128 notification or a determination that the conflict c annot be resolved. A conformity determination that is the subject of a conflict resolution under this subsection must have the governor's concurrence to be considered final. The department will provide the participating agencies with a copy of its referral to the governor. The govern or may delegate the role of resolving a conflict under this subsection and deciding whether to concu r in the conformity determination to a state official or agency other than the department, the A laska Department of Transportation and Public Facilities, or a state transportation board or comm ission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Transportation conformity: public i nvolvement . (a) The responsible agency referred to in 18 AAC 50.705(c) shall establish a public involvement process to provide opportunity for public review and commen t on the public review draft of the conformity determination before the agency issues a final conformity determination. The public involvement process must be consistent with the req uirements of 23 C.F.R. 450.316(b)(1), 23 C.F.R. 450.322(c), and 23 C.F.R. 450.324(c), as amended through April 1, 1997.

(b) The responsible agency shall

(1) subject to (d) of this section, hold a public hearing or meeting to receive comments on the public review draft of the conformi ty determination;

(2) consider all comments received and prepare a w ritten summary analysis of significant comments; and

(3) specifically address in the summary analysis a ll public comments concerning known plans for a regionally significant project th at may not have been properly reflected in the emissions analysis used to support a proposed confo rmity finding for a transportation plan or TIP, regardless of whether the regionally significa nt project is receiving federal funding or approval.

(c) Opportunity for public involvement under thi s section must include access to information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination.

(d) If a project for which the provisions of (a) – (c) of this section apply is also subject to a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy Act), compliance with the public involvement proces s under that law constitutes compliance with (a) – (c) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.725. General conformity: incorporation b y reference of federal regulations . In addition to the other requirements of 18 AAC 50.725 - 18 AAC 50.735, a federal agency described in 40 C.F.R. 51.853(b) - (j), as a mended through December 1, 1994, shallRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

129 comply with the following federal regulations, as a mended through December 1, 1994, which are incorporated by reference in this chapter:

(1) 40 C.F.R. 51.850 (Prohibition);

(2) 40 C.F.R. 51.852 (Definitions);

(3) 40 C.F.R. 51.853(b) - (j) (Applicability);

(4) 40 C.F.R. 51.854 (Conformity analysis);

(5) 40 C.F.R. 51.855 (Reporting requirements);

(6) 40 C.F.R. 51.856 (Public participation);

(7) 40 C.F.R. 51.858 (Criteria for determining con formity of general federal actions); and (8) 40 C.F.R. 51.859 (Procedures for conformity de terminations of general federal actions). (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.730. General conformity: mitigation of a ir quality impacts . (a) The federal agency referred to in 18 AAC 50.725 shall i dentify in writing

(1) any measure intended to mitigate or offset the air quality impact of the federal action;

(2) the estimated emission reduction available fro m an identified mitigation measure; and

(3) the process for implementing a mitigation meas ure including, as applicable,

(A) a description of the funding source for the mi tigation measure;

(B) an implementation schedule with due dates for implementing the mitigation measure; and

(C) the process for tracking emission reductions f rom a mitigation

measure.

(b) If a mitigation measure involves a separate pe rson or agency, the federal agency making the conformity determination shall, before d etermining that the proposed federal action is in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commi tment must identify the mitigation measure in a manner consistent with (a) of this section and describe the nature of the commitment. ARegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

130 person or agency committing to a mitigation measure under this subsection shall comply with the written obligations stated in the commitment.

(c) If a mitigation measure is included as part ofa license, permit, or similar authorization issued by the federal agency, the federal agen cy shall require the person or agency issued the license, permit, or authorization to fully implemen t the mitigation measure as a condition for continued approval of the license, permit, or autho rization.

(d) A federal agency may modify a mitigation measu re if that agency

(1) concludes that the proposed modification suppo rts the conformity determination, using the procedures and criteria se t out in 40 C.F.R. 51.858 and 40 C.F.R. 859, adopted by reference in 18 AAC 50.725;

(2) issues a public notice of the proposed modific ation, using the public participation procedures set out in 40 C.F.R. 51.85 6, adopted by reference in 18 AAC 50.725;
and (3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.735. General conformity: frequency of co nformity determinations. (a) The conformity status of a federal action lapses fi ve years after the date that a final conformity determination is reported to the department unless

(1) the federal action is completed before five ye ars has elapsed; or

(2) the federal agency has commenced a continuous program to implement the
action within a reasonable time.

(b) An ongoing federal action showing continuous p rogress is not considered a new action and does not require a periodic redeterminat ion required by this section if the emissions associated with the activity are within the scope o f the final conformity determination reported in accordance with 40 C.F.R. 51.855, adopted by refere nce in 18 AAC 50.725.

(c) If, after the final conformity determination i s made, the federal action is changed so
that there is an increase in the total of direct or indirect emissions above the levels set in 40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

131 Article 8. (Reserved)Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

132 Article 9. General Provisions

.

Section 900. Small business assistance program 910. (Repealed)
990. Definitions

18 AAC 50.900. Small business assistance program. (a) The purpose of the small business assistance program established under AS 46 .14.300 is to help small businesses in the state comply with state and federal air quality law s. The department’s The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, describes t he small business assistance program.

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small business facility," as that term is defined in AS 4 6.14.990, is eligible to receive the services of the small business assistance program.

(c) The owner or operator of an eligible small bus iness facility may request a change to a requirement under this chapter that

(1) is a work practice or technological method of compliance; or

(2) sets a schedule of milestones preceding a date for implementing a work practice or technological method of compliance.

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter, the request must be submitted under AS 44.62.220 an d must include

(A) a description of the provision of this chapter to be amended:

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the proposed ch ange and how the change can adequately substitute for or replace the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is not expressly required by this chapter, the request may be submitted as an application for a minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, and subject to 18 AAC 50.326.

(e) The department will schedule a proposed amend ment to this chapter submitted under (d)(1) of this section for public hearing as provid ed in AS 44.62.230 if the change would not
cause a violation ofRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

133 (1) the Clean Air Act;

(2) a federally-enforceable requirement; or

(3) state law. (Eff. 1/18/97, Register 141; am 10 /1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.300

Editor's note : More information on the services provided by the small business assistance program referred to in this section, inc luding details on determining eligibility, may be obtained from the department's small business advoc ate, 410 Willoughby Avenue, Juneau, Alaska 99801-1795, (907) 465-5100. A copy of the p rogram description as it appears in the state air quality control plan, adopted by reference in 1 8 AAC 50.030, is available from the department's central and regional offices. A copy of the state air quality control plan may be viewed at any department office or at the Office of the Lieutenant Governor.

18 AAC 50.910. Establishing level of actual emissi ons. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.990. Definitions . In this chapter

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

(2) “administrator” means the administrator of the United States Environmental Protection Agency, except as otherwise provided in 18 AAC 50.306 – 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46 .14.990;

(4) "air curtain incinerator" means a device in wh ich large amounts of combustible materials are burned in a rectangular c ontainment equipped with an overfire air
system; (5) "air pollution" has the meaning given in AS 46 .03.900;

(6) "air pollution control equipment" means equipm ent or a portion of equipment designed to reduce the emissions of an air pollutan t to the ambient air;

(7) "air quality control requirement" means any ob ligation created by AS 46.14, this chapter, or a term or condition of a preconstr uction permit issued by the department before January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

134 (A) “allowable emissions” means the emissions rate of an emission unit calculated considering any emission limitation that is enforceable as a practical matter on the emission unit’s potential to emit; and

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the words “or enforceable as a practical matter” are ad ded after “federally enforceable”, as provided in 40 C.F.R. 51.166(w)(2)(ii)( b );

(9) "ambient air" has the meaning given in AS 46.1 4.990;

(10) "ambient air quality standards" has the meani ng given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source tha t manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any combination of dryers, systems for screening, handl ing, storing, and weighing dried aggregate, systems for loading, transferring, and storing mine ral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control syst ems within the stationary source;

(13) "assessable emission" has the meaning given i n AS 46.14.250(h)(1);

(14) “begin actual construction” has the meaning g iven in 40 C.F.R. 52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of emissions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) “building, structure, facility, or installati on” has the meaning given in AS 46.14.990;

(18) “casting off” means the first release of a li ne securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class I II area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Class II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through November 15, 1990;

(21) repealed 7/25/2008;

(22) "coal preparation plant" means a stationary s ource that prepares coal by breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; “coal preparation pl ant” includes any combination of thermalRegister 188, January 2009 ENVIRONMENTAL CO NSERVATION

135 dryers, pneumatic coal-cleaning equipment, coal pro cessing and conveying equipment, breakers and crushers, coal storage systems, and coal transf er systems within the stationary source;

(23) "commissioner" means the commissioner of envi ronmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a sto rage tank due to changes in temperature and

pressure;

(25) "construct" or "construction" has the meaning given to “construction” in AS 46.14.990;

(26) "construction permit" has the meaning given i n AS 46.14.990;

(27) "delivery tank" means the tank portion of a t ank truck, tank trailer, or rail tank car; “delivery tank” does not include a tank o f less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department of Environm ental Conservation;

(29) "emission" has the meaning given in AS 46.14. 990;

(30) "emission limitation" has the meaning given i n AS 46.14.990;

(31) "emission standard" has the meaning given in AS 46.14.990;

(32) “emission unit” has the meaning given in AS 4 6.14.990;

(33) "EPA" means the United States Environmental P rotection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) "expected annual arithmetic mean" as that ter m is used in 18 AAC 50.010(1)(A), has the meaning given in 40 C. F.R. Part 50, Appendix K, sec. 2.2, adopted by reference in 18 AAC 50.035;

(36) “expected number” as that term is used in

(A) 18 AAC 50.010(1)(B), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.1, adopted by reference in 18 AA C 50.035; and

(B) 18 AAC 50.010(4), has the meaning given in 40 C.F.R. Part 50, Appendix H, adopted by reference in 18 AAC 50.035;

(37) "federal administrator" has the meaning given in AS 46.14.990 and includes the federal administrator’s designee;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

136 (38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030; and

(B) wildland fire suppression organization within the Department of Natural Resources, United States Forest Service, or United States Bureau of Land Management/Alaska Fire Service;

(39) "fuel-burning equipment" means a combustion d evice capable of emission; “fuel-burning equipment” includes flares; “fuel-bur ning equipment” does not include mobile internal combustion engines, incinerators, marine v essels, wood-fired heating devices, or backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990;

(41) "gasoline distribution facility" means a stat ionary source that stores fuel including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 51.100(ii), as revised as of July 1, 2007 and adopted by reference; or

(B) for all other stack heights, means the actual physical height of the stack;

(43) “grate cleaning” means removing ash from fire boxes;

(44) "hazardous air pollutant" has the meaning giv en in AS 46.14.990;

(45) “hazardous air pollutant major source” has th e meaning given for the term “major source” in 40 C.F.R. 63.2, adopted by refere nce in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the sc ope of 18 AAC 62.020;

(47) "impairment of visibility" means any humanly perceptible change in visibility from that which would have existed unde r natural conditions; in this paragraph, “change in visibility” includes light extinction, a tmospheric discoloration, and any other change in visual range, contrast, or coloration;

(48) "incinerator" means a device used for the the rmal oxidation of garbage or other wastes, other than a wood-fired heating devic e, including an air curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

137 (49) "industrial process" means the extraction of raw material or the physical or
chemical transformation of raw material in either c omposition or character;

(50) "lowest achievable emission rate" or “LAER” h as the meaning given in 40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040;

(51) "maintenance area" means a geographical area that EPA previously designated as a nonattainment area and subsequently designated as an "attainment area" under 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3) );

(52) “major stationary source” means

(A) for the purposes of 18 AAC 50.306, a stationar y source or physical change that meets the definition of “major stationa ry source” under 40 C.F.R. 51.166(b)(1);

(B) for the purposes of 18 AAC 50.311, a stationar y source or physical change that meets the definition of “major stationa ry source” under 40 C.F.R. 51.165(a)(1)(iv);

(53) “major modification” means

(A) for the purposes of 18 AAC 50.306, a change th at meets the definition of “major modification” under 40 C.F.R. 51.166(b)(2 );

(B) for the purposes of 18 AAC 50.311, a change th at meets the definition of “major modification” under 40 C.F.R. 51.165(a)(1 )(v);

(54) “make fast to the shore” means to secure the last line necessary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) “maximum achievable control technology” or “M ACT” means a maximum achievable control technology emission limitation d efined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing s ource;

(57) "maximum true vapor pressure" means the equil ibrium partial pressure exerted by a stored liquid at the local maximum mon thly average temperature reported by the National Weather Service;

(58) “minor permit” means a permit issued under 18 AAC 50.502 – 18 AAC 50.560;

(59) "modification" or "modify" has the meaning gi ven to “modification” in 42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a));Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

138 (60) “Nikiski Industrial Area” means the area of t he Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Rang e 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air p ollutant for which a particular area has been designated by the federal administrat or as nonattainment in 40 C.F.R. 81.302;

(62) “nonattainment area” means, for a particular air pollutant, an area designated as nonattainment for that air pollutant;

(63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of September 18, 2007, adopted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable emergency or malfunction;

(65) "open burning" means the burning of a materia l that results in the products of combustion being emitted directly into the ambie nt air without passing through a stack, flare, vent, or other opening of an emission unit from whi ch an air pollutant could be emitted;

(66) "operator" has the meaning given in AS 46.14. 990;

(67) "organic vapors" means any organic compound o r mixture of compounds evaporated from volatile liquid or any organic comp ound or mixture of compounds in aerosols formed from volatile liquid;

(68) “ORL” means owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990 ;

(70) “PAL major modification” has the meaning give n in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter" means a material, except water, that is or has been airborne and exists as a liquid or solid at standar d conditions;

(72) "permit" includes all of the elements describ ed in the definitions of "construction permit" and "operating permit" in AS 46.14.990, and the same elements as they occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14.99 0;

(74) "petroleum refinery" means a stationary sourc e engaged in the distillation of petroleum or re-distillation, cracking, or reformin g of unfinished petroleum derivatives;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

139 (75) “plantwide applicability limitation” or “PAL” means an emission limitation expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in a ccordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "PM-10" means particulate matter with an aero dynamic diameter less than or equal to a nominal 10 micrometers;

(77) repealed 7/25/2008;

(78) “Port of Anchorage stationary source” means a stationary source located in the Port of Anchorage that contains one or more emi ssion units subject to a standard in 18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meaning given t o the term "potential to emit" in AS 46.14.990;

(80) "potential to emit" has the meaning given in AS 46.14.990;

(81) "ppm" means parts per million;

(82) "practical means available" means, when appro ving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an environmental ly acceptable procedure exists, that procedure will be required;

(83) “project” means a physical change or change i n the method of operation of an existing stationary source;

(84) “PSD” means prevention of significant deterio ration;

(85) “PSD permit” means a permit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment based on the fuel or raw material, or combination o f fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the m eaning given “reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 5 0.040, except that for purposes of 18 AAC 50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301, adopted by reference in 18 AAC 50.260(a);

(89) "reduction in visibility" means the obscuring of an observer's vision;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

140 (90) "regionally significant project" has the me aning given in 40 C.F.R. 93.101 adopted by reference in 18 AAC 50.710;

(91) "regulated air pollutant" has the meaning giv en in AS 46.14.990;

(92) “regulated NSR pollutant” has the meaning giv en in 40 C.F.R. 51.166(b)(49);

(93) "responsible official" means

(A) for a corporation, a president, secretary, tre asurer, or vice-president of the corporation in charge of a principal business f unction, or any other person who performs similar policy or decision making function s for the corporation, or a dulyauthorized representative of that person if the rep resentative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(ii) the delegation of authority to the representa tive is approved in advance by the department;

(B) for a partnership or sole proprietorship, a ge neral partner or the proprietor, respectively; and

(C) for a public agency, a principal executive off icer or ranking elected official; for the purposes of this chapter, a princ ipal executive officer of a federal agency includes the chief executive officer with responsib ility for the overall operations of a principal geographic unit in this state;

(94) “reviewing authority” means the department;

(95) “rig day” means each calendar day that a sing le drill rig is drilling or testing an oil or gas well in normal operation or standby s ervice; “rig day” does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activities plan ned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities ne cessary to cease operation of a

source; (98) "small business facility" has the meaning giv en in AS 46.14.990;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

141 (99) "smolder" means to burn and smoke without fla me;

(100) “soot-blowing” means using steam or compress ed air to remove carbon
from a furnace or from a boiler’s heat transfer sur faces;

(101) "stack" has the meeting given in AS 46.14.99 0;

(102) "standard conditions" means dry gas at 68 o F and an absolute pressure of 760 millimeters of mercury;

(103) "startup" means

(A) for an internal combustion engine aboard a mar ine vessel, the point in time that emissions begin to exit from the vessel a s a result of igniting the engine; and

(B) for all other sources, the setting into operat ion of a source for any

reason;

(104) "state air quality control plan" means the p lan adopted by reference in 18 AAC 50.030;

(105) “stationary source” has the meaning given in AS 46.14.990;

(106) "technology-based emission standard" means

(A) a best available control technology standard with the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emission rate (LAER) stand ard;

(C) a maximum achievable control technology standa rd established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D) a standard adopted by reference in 18 AAC 50.0 40(a) or (c); and

(E) any other similar standard for which the strin gency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means cons truction that is completed in 24 months or less from the date construction begins ; “temporary construction activity” includes any period of inactivity during that 24-month perio d;

(108) “thermal soil remediation unit” means a stat ionary source that causes petroleum contamination to be desorbed from soils b y heating the soil in a kiln;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

142 (109) “Title I permit” means a

(A) permit issued under 18 AAC 50.306, 18 AAC 50.3 11, 18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560;

(B) construction permit issued before October 1, 2 004; or

(C) permit to operate issued before January 18, 19 97;

(110) “Title V permit” means a permit required by AS 46.14.130(b);

(111) “Title V source” means a stationary source classified as needing a permit under AS 46.14.130(b);

(112) “TPY” has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department’s Air Quality Assurance Manual for Ambient Air Quality Monitoring , adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fu el, excluding propane, that does not contain used oil, crude oil, or a hazardou s waste;

(115) "upset" means the sudden failure of equipmen t or a process to operate in a
normal and usual manner.

(116) "vapor collection system" means all equipmen t, ducts, piping, valves, and fittings necessary to prevent organic vapors displa ced at a loading rack from being emitted into the atmosphere;

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with volatile liquid or that was loaded with volatile li quid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid loading rack" means all equ ipment, loading arms, piping, meters, and fittings used to fill delivery tanks wi th volatile liquid;

(120) "volatile liquid storage tank" means any sta tionary storage vessel that contains a volatile liquid;

(121) “volatile organic compound” or “VOC” has the meaning given in 40 C.F.R. 51.100(s), as revised as of July 1, 2004 and adopted by reference;

(122) “weighing anchor” means to begin heaving in the anchor with intent to retrieve it and get underway, regardless of how the chain tends when heaving in begins;Register 188, January 2009 ENVIRONMENTAL CO NSERVATION

143 (123) "wood-fired heating device" means a device d esigned for wood combustion
so that usable heat is derived for the interior of a building; “wood-fired heating device” includes wood-fired stoves, fireplaces, wood-fired cooking s toves, and combination fuel furnaces or boilers that burn wood; “wood-fired heating device” does not include a device that is primarily a part of an industrial process and incidentally prov ides usable heat for the interior of a building.

(124) “portable oil and gas operation” means an op eration that moves from site to site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated wit h drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; “portable oil a nd gas operation” does not include well servicing activities; for the purposes of this para graph, “test” means a test that involves the use of a flare; (125) “well servicing activities” means the use of portable equipment for servicing existing oil and gas wells that only stay s on site for short and varying periods of time; “well servicing activities” includes the use of

(A) coiled tubing units;

(B) well frac units;

(C) well slickline units;

(D) well hot oil units;

(E) well wireline units.

(126) “PAL pollutant” means the pollutant for whic h a plantwide applicability limitation (PAL) is established at a major stationa ry source;

(127) “regional administrator” means the adminis trator of Region X of EPA.

(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/99, Register 152; am 1/1/2000 , Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176 ; am 12/30/2007, Register 184; am 7/25/2008, Register 187)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255
AS 46.03.710 AS 46.14.160 AS 46.14.280
AS 46.14.010 AS 46.14.170 AS 46.14.285
AS 46.14.020 AS 46.14.180 AS 46.14.290
AS 46.14.030 AS 46.14.210 AS 46.14.300
AS 46.14.120 AS 46.14.230 AS 46.14.560 AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 19 93DEC SIP SUBMITTAL
Revisions to 18 AAC 50 Dated July 25, 2008 and November 9, 2008

PART OF
SIP ?
SECTION YES NO Title of Section Current State
Effective Date EPA

Approval
Date Previous

State
Effective
Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.005 X Purpose of chapter 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.010 X Ambient Air Quality
Standards 10/ 1/2004 2/5/07 7/21/98 YES No changes made

18 AAC 50.015 X Air Quality Classifications 10/ 1/2004 2/5/07 2/ 20/04 YES No changes made

18 AAC 50.020 X Baseline Dates 7/25/2008 2/5/07 6/21/98 YES Formatting corrections to 020(b)(2) and Table 3
18 AAC 50.025 X Visibility & Special Protection 6/21/1998 1/19/99 6/21/98 NO No changes made

18 AAC 50.030 X State A ir Quality Control Plan 11/9/2008 2/5/07 10/1 /04 YES Amend adoption by reference date in 030(9) 18AAC 50.030(3) X Port of Anchorage Provisions 7/25/2008 2/5/07 1/18/97 NO Updated language to 030(3);

n o EPA Action Required 18 AAC 50.035 X Documents ado pted by
reference 7/25/2008
and
11/9/2008 2/5/07 12/03/05 YES Updated revision dates of adopted documents in 035(a) and 035(b), added 035(a)(7)

and (8); 18 AAC 50.040 X Adoption of federal standards 7/25/2008 2/5/07 12/3/05 YES Updated revision dates of adopted documents in 040(a)

- (j); repealed (h)(17)

- (19) and (i)(7)

- (9); amended language in (h)(20), (i)(10)
18 AAC 50.045 X Prohibitions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.050 X Incinerator emission standards 7/25/2008 2/5/07 5/3/ 02 YES Formatting corrections to Table 4 in 050(b) 18 AAC 50.052 X Repealed 10/ 1/2004 1/19/99 6/21/98 YES EPA must approve repeal of previously approved section 18 AAC 50.055 X Industrial processes & fuel
burn ing equipment 7/25/2008 2/5/07 10/1/04 YES Clarifying language in 055(a)(9)(D)PART OF
SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA

Approval
Date Previous

State
Effective
Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.060 X Pulp Mills 1/1 8/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.065 X Open Burning 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.070 X Marine Vessel Visible
Emissions 6/21/1998 1/19/99 1/18/97 NO No changes made

18 AAC 50.075 X Wood fired heating device s 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.080 X Ice Fog (was 50.090) 1/18/1997 2/5/07 1/18/97 YES No changes made

18 AAC 50.085 X Port of Anchorage 1/18/1997 N/A N/A Not part of the SIP; No EPA approval or action needed

18 AAC 50.090 X Port of Anchorage 7/25/2008 N/A 10/1/04 N/A No EPA action needed ; amended to include resting requirements
18 AAC 50.100 X Nonroad engines 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.110 X Air Pollution Prohibited 05/26/1972 Prior 80 5/26 /72 NO Previously approved

18 AAC 50.200 X Information Requests 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.201 X Ambient Air Quality Investigation 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.205 X Certification 10/ 1/2004 2/5/0 7 1/18/97 YES No changes made

18 AAC 50.215 X Ambient analysis methods 7/25/2008 2/5/07 10/1/04 YES 215(a) , (c) repealed and readopted; 215 (b)
amended ; 215(d) Table 5 repealed and readopted; 215(d) amended to add a
new subsection
18 AAC 50.220 X Enforc eable Test Methods 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.225 X Owner requested limits 7/25/2008 2/5/07 1/29/05 YES 225(b) amended to add
new subsectionPart of
SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA

Approval
Date Previous

State
Effective
Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.230 X Pre approved emission limits 1/29/2005 2/5/07 6/21/98 YES No changes made
18AAC50.230(d) X PAEL for gasoline bulk plants 1/29/2005 N/A 6/21/98 NO Not part of the SIP

18 AAC 50.235 X Unavoidable emergencies etc. 10/ 1/2004 N/A 6/14/98 NO No changes made

18 AAC 50.240 X Excess Emissions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.245 X Air Episodes & Advisories 10/ 1/200 4 2/5/07 1/18/97 YES No changes made

18 AAC 50.250 X Revising air quality
classification 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.260 X Guidelines for BART 12/30/2007 N/A N/A NO New section; no action required
18 AAC 50.300 X Repealed 1 0/ 1/2004 2/5/07 5/3/02 YES No changes made

18 AAC 50.301 X Permit continuity 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.302 X Construction Permits 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.305 X Repealed 10/ 1/2004 N/A 1/18/97 N/A No changes made

18 AAC 50.306 X PSD Permits 7/25/2008 2/5/07 10/1/04 YES Expanded definition of
“federal administrator” in 306(b)(1)(A); repealed 306(b)(2)

- (3); amended leading language of 306(c)
18 AAC 50.310 X Repealed 10/ 1/2004 2/5/07 1/18/97 N/A No ch anges made

18 AAC 50.311 X Nonattainment & Major
Source 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.315 X Repealed 10/ 1/2004 N/A N/A No changes made

18 AAC 50.316 X HAPS Major Construction 12/ 1/2004 N/A YES No EPA action required

18 AAC 50. 320 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.321 X Case by Case MACT 12/ 1/2004 N/A N/A No action required

18 AAC 50.322 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.326 X TV Program & Technical 12/ 1/2004 N/A N/A No action requiredPart of
SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA

Approval
Date Previous

State
Effective
Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.330 X Repealed 10/ 1/2004 N/A N/A No act ion required

18 AAC 50.335 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.340 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.341 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.345 X Standard Permit Conditions 11 /9/2008 2/5/07 Except 345(b), (c)(3), & (l) 10/1/04 YES Add ed minor permits to list of permits that can use standard conditions; amend 345(j) to clarify certification requirements

18 AAC 50.346 X Other permit conditions 346(a) only 11/9/2008 10/1/04 YE S Approval required for 18 AAC 50.346(a) only (disapproved on 2/5/07); 346(b) was amended to update adoption by
reference dates of revised
standard conditions and adopt a new standard condition; Table 7 was updated to reflect changes
18 AAC 50.350 X Repe aled 10/ 1/2004 N/A N/A No action required

18 AAC 50.355 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.360 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.365 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.370 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.375 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.380 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.385 X Repealed 10/ 1/2004 N/A N/A No action requiredPart of
SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA

Approval
Date Previous

State
Effective
Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.390 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.400 X Fees 7/25/2008 2/5/07 (see note
in

comment column) NO 400(e)(3), (f) repealed; (g) amended; (h)(1) amended; (m)(6) repealed ; no action required because removed from subject to SIP status,

2/5/07 18 AAC 50.401 X Repealed 1/29/2005 N/A N/A No action re quired

18 AAC 50.403 X Fees 12/ 3/05 NO No changes made ; do not desire these fees to be part of EPA approved SIP 18 AAC 50.405 X Transition Process for fees 1/29/2005 NO No changes made ; do not desire these fees to be part of EPA approved SIP
18 A AC 50.410 X Emission Fees 6/18/09 NO End date for fees extended ; however, not being submitted
and do not desire these fees to be part of EPA approved SIP 18 AAC 50.420 X Billing procedures 1/29/2005 2/5/07 (see note
in

comment column) NO No changes m ade; removed from subject to SIP status,

2/5/07

18 AAC 50.430 X Appeal procedures 7/11/2002 2/5/07 (see note
in

comment column) NO No changes made; removed from subject to SIP status,

2/5/07

18 AAC 50.499 X Definitions 1/29/2005 YES No changes made

18 AAC 50.502 X Minor Permits 7/25/2008 2/5/07 12/3/05 YES 500(c) amended; CU and PCP language repealedPart of
SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA

Approval
Date Previous

State
Effective
Date EPA

Approval Requi red Comment (Nature of

change if any)

18 AAC 50.508 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 508(1) repealed; 508(5) language amended
18 AAC 50.509 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES Repealed

18 AAC 50.540 X Minor Permits 7/25/2008 2/5 /07 12/ 3/05 YES 540(g) repealed; 540(j)
amended to include new language
18 AAC 50.542 X Minor Permits 7/25/2008 2/5/07 12/1/ 04 YES 542(f)(4)

- (5) repealed; (g)(1) amended to delete reference to repealed language
18 AAC 50.544 X Minor Permits 7/25/2008

a nd
11/9/2008 2/5/07 1/29/05 YES 544(a) is amended to add a new paragraph; 544 (c) and (h) are amended to include new language; 544(e) repealed
18 AAC 50.546 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 546(a) is amended to add new language
18 AAC 50.560 X Minor Permits 10/ 1/2004 2/5/07 YES No changes made

18 AAC 50.700 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.705 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.710 X Conformity 9/ 4/1998 2/28/00 1/4/ 95 NO No action required

18 AAC 50.715 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.720 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.725 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 A AC 50.730 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.735 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.900 X Small business 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.910 X Repealed 10/ 1 /2004 N/A 1/18/97 N/A No action requiredPart of
SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA

Approval
Date Previous

State
Effective
Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.990 X Definitio ns 7/25/2008 2/5/07 12/ 3/05 YES D efinition s ( 21 ) and ( 77 ) repealed; amended
definitions ( 42(A) ) and ( 63 ) to include revised dates; amended definition ( 59 ) to reference definition in the CAA; added
definitions ( 126 ) “PAL pollutant” and (127) “regional admin istrator”

### 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)

Dated 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:

Affi davit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information signed by Rebecca Tyson Smith
dated August 7 , 2008.

Public Notice signed by Commissioner Larry Hartig dated April 21,
2008

.

Affidavit of Publication
, Anchorage D aily News
, dated April 22, 2008 (affidavit signed June 19, 2008 ).

Affidavit of Publication, Fairbanks Daily News Miner, dated April 22,
2008 (affidavit signed April 23, 2008 ).

Affidavit of Publication, Juneau Empire, dated April 24, 2008 (affidavit signe d May 8, 2008 ).

Affidavit of Oral Hearing signed by Tom Turner dated October 2 , 2008.STOFO600 #469047 $90.00 AFFIDAVIT

OF PUBLICATION STATE

OF ALASKA THIRD JUDICIAl DISTRICT Chris Clark being
first duly sworn

on oath deposes

and says that he/she

is an representative

of the Anchorage

Daily News,

a daily newspaper.

That said newspaper

has been approved by the Third Judicial Court, Anchorage,
Alaska,

and

it now and has been published

in the English language continually

as

a daily newspaper

in Anchorage, Alaska,

and

it is now and during all said time was printed

in an office maintained

at the aforesaid place

of publication

of said newspaper.

That
the annexed

is a y ofan advertisement

as

it ublished

in regular issues (ano not

in supplemental

form) of said newspaper

on April

22

& 23, 2008 and that such newspaper

was________________________ regularly distributed

to its subscribers

during

all of said period.
That
the full amount

of the fee charged

for the foregoing publication

is not

in cx

• ess of theratechari

• v-- individual Sign.

s, Subs
i.. andsCtobefore niethis •.yofJ!,.

- 20 aa Ak.. -a Notaxy

blic

in and
for The State

of Alaska. Third Division Anchorage,

Alaska MYCO

I’ SI. EXPIRES tt

NOTICE

OP PUBLIC COMMENT PERIOD

ON PROPOSED CHAI4GESTO AlASKA DEPARTMENT

OP ENVIRONMENTAL CONSERVATION REGULATIONS The Department

Of Environmental Conservation

(DEC) proposes

to adopt regulation changes

in Title

18. chapter

50 of the Alaska Administrative

Code

to 1) update adoption

by reference

of revised Standard conditions

for permits,

2) adds new standard Condition;

3) adopt language

to allow

(tie use

of Standard Conditions

in Minor Source Permits:

4) propose changes

the

In Situ Burning Gwdei.nes

for Alaska;

and

5) update

the adoption

by reference

date

of revised documents, Including

the Performance

Audits

for COMS (continuous
Opacity Monitoring Systems),

and the

In situ Burning Guidelines

for Alaska. You may comment

on the proposed regulation changes, including

the potential costs

to private persons

of complying

and alternative practical methods

of complying

with
the proposed changes,

by submitting
written comments

to Rebecca Smith. Environmental

Program Specialist,

Air Permit Program, Alaska Department

of Environmental conservation,

410 Willoughby
Avenue
suite 303, Juneau, Alaska 99801.

by facsImile

at: (907) 465.5129.

or by e-mail

to the Air Quality comments
Docket

at dec.aa.airdocicetcaiaska.gov.

comments

must

be received

by 5:00 p.m.

on May

28, 2008. comments received

after
this date wIN not
be considered

in f(nai action

on these rules. The Department

will hold

a public hearing

on this proposal

on May

22, 2008, from 3:00’
4:30

pm

at the DEC first floor Conference

Poom,

555 Cordoca Street Anchorage.

Oral

or written comment

may

be submItted

at the hearing

The hearing

wilt

be extended

If necessary

to accommodate

those present before

330 pm who

did not have

an opportunity

to comment,

if you will not
be able

to attend

the public hearing

In person, please contact Rebecca
Smith

at (907) 465-5121

by May

19, 2008,

to make arrangements

to participate

by phone.

The state

of Alaska. Department

of Environmental Conservation
complies

with title

N of the AmerIcans

with Disabilities

Act

of 1990.

II you
are

a person

with

a disability

who may need

a special accommodation

In order

to parti pate

in this public process, please contact Deborah

Pock

at (907) 269.0291

Dr TOO Relay Service 1-800-770.8973/IT?

or dial 711 withIn

30 days

of publication

of th notice

to ensjw

that arty necessary accornniodatlons

can

be provided. please refer

to the Standard Conditions Discussion document

on the Air Quality webpage atfltio’//www.dec s(ate.ak.usialr/an/reguiatl.htm

for additional information

about

the proposed changes. For

a copy

of the proposed regulation changes

and

a doctisslon

of the rationale for the changes, contact Rebecca SmIth,

Air Permit Program.
Alaska Department of Environmental Conservation.

410 WIlloughby Avenue
suits 303, A,neats, Masks, 99801;

by phone

at (907) 465-5121;

by facsimile

at (907) 465-5129:

oryou

can

go to the departn,ent’s webpage

at htIoin.dec.staIe.ttm)alr/aoflemiad,ht,i After

the public comment
period ends

on May

28, 2008,
DEC wIll either adopt these

or other provisIons dealing

with
the same sutject, without further notice, or decide

to take

no action

on them.

The language
oldie final regulations

may

be different

from that

of the proposed regulations.

ou SHOULD COMMENT DURING THE liME AUOWED

IF YOUR INTERESTS
COULD

BE AFrECTED.
Written comments received

are public records

and are sitect

to public Inspection stawtotyAsthont3cASa6.14010,

AS 46.14.020,

AS 46.14.030,

AS 4614.140 Statutes
Being Implemented, Interpreted,

or Made SpecifIc:

AS 46.03.020,

As 46.14.010,

AS 46.14.020,

AS 46.14.030,

AS 46.14.120,

AS 46.14.140,

AS 46.14.180 Fiscal information:

The proposed regulation changes

are not expected

to requfre an increased appropriation.

/s/: Larryhartig- commissioner Dated: AprIl

21, 20081 Juneau. Alaska AO-33’503o’08 Publish:

Nfl

22

& 23. 2008Ad# 244846 AFFIDAVIT

OF PUBLICATION UNITED STATES

OF AMERICA STATE

OF ALASKA FOURTH DISTRICTNOTICEOFPUBLICCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENVIRONMENTALCONSERVATIONREGULATIONSTheOopatimentofEm,]ronrnentalConservation(DEC)proposestoadoptregulationchangetinTltteiS,Chapter50oftheAJaskaAdministrativeCodeto1)updateadoptionbyreferenceofrevisedStandardConditionsforpermIte;2)addanewStandardCondition;3)adoptlanguagetoallowtheuseotStandardConditionsinMIngrSourcePermits;4)proposechangestheInSituBurningGuidelinesforAIasl;and5)updatetheadopttonbyreferencedateofreviseddocumonte.rciudngtheP.,fonnenceAuditsforCOMS(Conttnuo.sOpecicyMonilodngSyaten,a)andtheInS/luBurnIngGuidelinesforAlaska.

Before

me, the undersigned,

a notary public,

this day personally appearedso’-,‘-2-
,who, being first duly sworn, according

to law, says that helshe

is an Advertising

Clerk

of the Fairbanks

Daily News-Miner,

a newspaper

(ii published

in newspaper

format.

(ii) distributed

daily more than

50 weeks

per year.

(iii) with a total circulation

of more than500 and more than
10% of the population

of the Fourth Judicial District,

(iv) holding

a second
class mailing permit
from

the United States Postal Service,

(v) not published primarily

to distribute advertising,

and

(vi) not intended

for

a particular professional

or occupational

group.

The advertisement

which

is attached

is

a true copy

of the advertisement
published

in said paper

on the following day(s):April

£2 .OO8Ann

23

20Youmaycommentontheproposedreouiationchanges,includingthepotentialcoststoprivatepersonsof6ompiyingandalternativepracticalmethodsofcomlyinwiththfacsimileat:(907)4655129,orbye-mailtotheAirQualityCommentsDocketatp.,atnIrck4t

and that
the rate charged thereon

is rate charged private individuals, discounts.

not excess

of the with

the usual Subscribed

and sworn

to before

me
on this

2 dayof__________

,20_ Notary Public

in and for the State Alaska. My commission

expiresthis date
will not
Ce COfl’t sldefad

In anal action

on

I these rules The Department

will hold a public hea,ing

on this proposal

on May

22,

Subscribed

and sworn

to before

me
on this

2 day 2008. Iron, 300 4:30
pm 01 the DEC first floor Con ference Room,

555 Car-

of

p

, 20 dove Sliest, Anchorage. •ØlSOraI

or written comment may

be submitted

at the F hearing.

The hearing

will be e,dended necessary __________________________________________________ to accommodate

those present before

3:30

pm who

did
not have

an

Notary Public

in and for the State Alaska. opportunity

to comment. If you will not
be able

to k

.jattend

the public hearing

My commission

expires In poison, please contact 465-5121

by May

19. ‘%iRebeccs

Smith

at (907) 200$,

to make orange. ments

to participate

by phone.

The State

of Alas’ ca, Department

01 EnvI ronmental Conservation complies

with Title

II 01 the Americans

with Disabili tlesActotlgeo.

lfyouare 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) 289.0291

or ‘ltD Relay Service 1’800-770-6973ffTy

Dr dlalYl

1 withIn

30 days

of publication

of this notice to ensure

that ny neces say accommodations can

be provided. Please
refer

to the Stan dard Conditions
Discus sion document

on the Air Quality webpage

at httn:Hwww.doc,atste

sic. u&ak/sn/reo.a3tjhfl

for additional Information about

the proposed changes. For

a copy

of the pro. posed regulatIon changes and

a discussion

of the rationale

for the changes, contact Rebecca
Smith, Air Permit Program,

Alas ka Department

at Environ mental ConservatIon.

410 Willoughby
Avenue

Suite 303, Juneau. Alaska, 99601;

by phone

at (907) 465-5121;

by fac simile

at (907) 465-5129; or you can

go

to the departn,enrs webpege

at htm:Itwww s/aWaxlrsoula4l.htn, Aster

the public comment period
ends

on May

28, 2008,

DEC

will either adopt these

or other
pro visions dealing

with

the acme subject, without

fur ther notIce,

or decide

to take

no action

on them. The language

of the final regt.Aatlons

may

be dIffer ent from that

of the pro posed regulations,

You SIIOUW COMMENT DURING

THE TIME AlLOWED

IF YOUR INTERESTS

COuLD

BE AFFECTED.

Written
com merits received

are public records

and are subject

to public Inspection. Statutory Authority:

AS 46.14.010,

AS 46.14.020. AS 46.14.030.

AS 4a 14.140 Statutes

Being Imple mented, Interpreted

or Made Specific:

AS 46.03,020.

AS 48.14.010 AS

46.1 4.020,

AS 46.14,030.

AS 48.14.120, AS 40.14.140,

AS 46.14.180 Fiscal Inlormaflon:

The proposed regulation changes

are not expected to requIre

an Increased appropriation. Dated: April21,

200$ laity Larry Haul]

g, Corn 5 lnlraFirst Division NO11CE

OF PUBLI COMMtNIItKIUL) ON PROPOSED CHANGES

10 ALASKA DEPARTMENT

OF ENVIRONMENTAL CONSERVATION REGLLATIONS. The Department

of Erwironmental Conservation

(DEC), proposes

to adopt (egulatlon changes

in Title

IS, Chapter

50

of the Alaska Administrative Code

to:

1) update adoption

by reference

of revised Standard Conditions for permIts;

2) add

a new Standard CondItion;

3) adopt language

to allow the use

of Standard Conditions

in Minor Source Permits;

4) propose changes

the

In Sdu Burning Guidelines

for Maslca

and

5) update

the adoption

by reference

dale

of revised docasnents, bickidb’rg

the Pertorrn ence Aucs

for COlAS (Contkiuous
Opacity Monitoring Systems),

and

th In Situ Bwnlng Gtidenes

for Alaska. You may comment

on the proposed regulation changes, Including

the po tential costs

to private persons

of complying

and alternative practical methods

of complying

with
the proposed changes,

by submitting
written comments

to Rebecca
Smith, Erwironmental

Program Specialist,

Air Per mit Program, Alaska Department

of Environmental Conservation,

410 Wil loughby Avenue
Suite 303, Juneau, Alaska 99801,

by facsimile

at: (907) 465-5129,

or by e-mail

to the PJr Quality Comments
Docket

at dec.aq.air do&etoalaslagov.

Comments

must

be received

by 5:00 p.m.,

on May 28, 2008. Comments received

after
this date

wifi not

be considered

in fi nal action

on these nies. The Department

will hold

a public hearing

on thIs proposal

on May

22, 2008, from 3:00- 4:30

pm

at the DEC first floor Conference

Room,

555 Cordova Street, Anchorage.

Oral

or written comment

may

be submitted

at the hearing.

The hearing

will
be extended

if necessary

to accommodate those present before

3:30
pm who

did not have

an opportunity

to com ment.

If you will not
be able

to attend

the public hearing

in person, please cortact Rebecca

SrMIi

at (907) 465-5121

by May

19, 2008,

to make

ar rangements

to participate

by phone.

The State

of Alaska, Department

of Erwironmental Conservabon
complies

with Title

II of the Americans

with Disabilities

Act

of 1990.

If you
are

a person

with

a disabdity

who may need

a special accommodationii order

to partic4ate

ii this public proc ess, please contact Deborah

Pock

at (907) 269-0291

or TOD Relay Serv ice

1 -800-770-8973/TTY

or dIal 711 wIthin

30 days

of publication

of this notice

to ensure

that any necessary accommodations

can

be provided. Please
refer

to the Standard Conditions Discussion document

on the
Air Quality webpage

at htflx/lwww4ec.stateslcus/alr/ap/regulatthtm

for addi tional Wifonnation

thors

the — changes. For

a copy

of the proposed regulation changes

and

a discussion

of the
ra lonale

for the changes, contact Rebecca
Smith.

Ak Permit Program, Alaska Department

of Erwirorvnental Conservation,

410 Willoughby

Ave nue Suite 303, Juneau, Alaska, 99801;

by phone

at (907) 465-5121;

by Facsimile

at (907) 465-5129;

or you can

go

to the departments webpage at: hftp:/wdecstate.ak.us/alr/ap/regulatLhbn After
the public comment
period
ends

on May

28, 2008fljDEC

will either optttia orotberprovislons

dealing

with the samiSüb$tt WltflObtlur notice,

or decide

to talce

no a*n

on then,.
The Ianguagwof

the final regulations

may

be difarert

from that

of the proposed regulations.

YOU SHOULD COMMENT DURING

THE TIME ALLOWED

IF YOUR INTER ESTS COULD

BE AFFECTED.

Wrttten conime.*s received

are pubIc

re 2ocds
and are subject

to public Inspection. Statutory Authority:

AS 4614.010,

AS 46.14.020,

AS 46.14.030,

AS 16.14,140 3tatutes

Being Implemented, Interpreted,

or Made Specific:

AS l&03.020,

AS 4&14010,

AS 4814.020,

AS 46.14.030,

AS 46.14.120,

AS 16-14.140,

AS 46.14180 isca Inlonnaflon:

The pmposed regulation changes

are not expected

to equire

an Increased appropriation 3eteddl 21,2008

Larry Hartig, Gonvy,issien&’ J neau, AI,. 400 AFFIDAVIT

of PUBLICATION United States

of America State

of Alaska

Account

No: 12101620 Tag Line: 400-043 I, My’Kellia Mooney,

being
first duly sworn,

oath depose

and say that

I am the Principle

Clerk

of the JUNEAU EMPIRE,

a newspaper

of general circulation, published

in the city

of Juneau, State

of Alaska

and that

the publication,

of which

the annexed

is

a true copy,

was published

in said newspaper

on the 24 th day

of April 2008
and thereafter

for

I additional
day(s), the last date

of publication

being May

1 st 2008. Subscribed

and sworn

to before

me this

8 th day of May 2008.

U Notary Public

in and
for the State

of Alaska oFFIcIAL

SEAL Nelea Foster NoTP’’ pUBLIC comm55b0nl

expires

Mg-

ZOi ‘ublish: 4andMayl,2008

### 40 C

. F

. R

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

Compilation of Public Comments and the State Response to the m:

Affidavit of Agency Record of Public Comment signed by Rebecca Tyson Smith dated August 7, 2008

.

Response to Comments titled Regulation Changes to Title 18, Chapter
50 of the Alaska Administrative Code Standard Conditions and In Situ
Burni ng Guidelines for Alaska Rulemaking
, August 15, 2008 ; Prepared by : Rebecca Smith
, Jim Plosay
, Tom Turner , Leslie Pearson
, Bob
Mattson , Larry Iwamoto , Gerry Guay

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
8

- 15

- 08 1 of 33 Response to Public Comments Regulation Changes to Title 18, Chapter 50 of the Alaska Administrative Code

Standard Conditions and In Situ Burning Guidelines for Alaska Rulemaking August 15
, 2008

Prepared by:
Rebecca Smith Jim Plosay
Tom Turner

The Departm ent proposed amendments to the Air Quality Control regulations in
18 AAC 50 to address the following goals:

1. update adoption by reference of revised Standard Conditions for permits;
2. add a new Standard Condition;
3. adopt language to allow the use of Standard Conditions in Minor Source Permits;
4. propose changes the In Situ Burning Guidelines for Alaska ; and
5. update the adoption by reference date of revised documents, including the Performance Audits for COMS (Continuous Opacity Monitoring Systems), and
the In S itu Burning Guidelines for Alaska

.

Public Comment Process: The proposed regulations were public noticed on April 22, 2008, and the Department accepted public comments from April 22, 2008, through May 28, 2008 . The Department held a public hearing on May 22, 2008 ; comments were received at the public hearing.

This document responds to comments received during the comment period.

The Department received written comments from the following:
A. Gerry Guay, ADEC Monitoring Group , 12 May 2008, via e

- mail

, com ments on In Situ Burning Guidelines ; B. Jim Plosay, ADEC Operating Permit Group , 20 May 2008, via e

- mail

, comment on minor word change needed on Standard Condition VII ; C. Brad Thomas, ConocoPhillips, 27 May 2008, via e

- mail

, comments on possible ambiguity in re vision to 18 AAC 50.345(j) and on rev ision to Standard Condition VII;
D. Pamela Bergmann, U.S. Dept. of the Interior (USDOI), 28 May 2008, via e

- mail
and fax

, comments on In Situ Burning Guidelines , including reiteration of comments submitted to the Alaska Reg ional Response Team (ARRT) on January 25, 2008 ; E. John S. Devens, (e

- mailed by Jennifer Fleming), Prince William Sound Regional Citizens’ Advisory Council (PWSRCAC), 28 May 2008, via e

- mail

, comments on In Situ Burning Guidelines including a copy of the Dece mber 2007 version of the
Guidelines with PWSRCAC’s comments in note format ;Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 2 of 33 F. Marilyn Crockett, (e

- mailed by Sami Glascott), Alaska Oil and Gas Association (AOGA), 28 May 2008, via e

- mail and fax

, comments on Standard Conditions proposing changes to Standard Conditions VII, IX, XIII, and XIV ; and
G. Karen Wuestenfeld, (e

- mailed by Alison Cooke), BP Exploration (Alaska) Inc. (BPXA), 28 May 2008, via e

- mail and mail

, comments supporting AOGA’s comments and proposing additional changes to Standard Condition IX to a ddress flaring events.

The Department received oral comments at the public hearing on 22 May 2008 from:
H. Dana Olson, Rolling Pine Tree Farm, Wasilla AK.

Structure of Response to Comments

The public comments were received as written comments sent via e

- ma il and fax by the close of the comment period and as oral comments at the public hearing

. The comments on the Standard Conditions and those on the In Situ Burning Guidelines have been separated into two sections in this document, as they are being address ed by different staff members. Comments regarding the Standard Conditions (from Commenters B, C, F, and G) will be addressed in the first section. Comments regarding the In Situ Burning Guidelines (from Commenters A, D, E, and H) will be addressed in the second section.

The department considered the proposed changes to the regulations presented. Th e Response to Comments address es all comments below.

Comment B : Operating Permit Group Comment on Standard Condition VII :

“ The following minor change need s to be added to Standard Permit Condition VII

-- at Condition 1.2b:

Subject: Change the word "may" in "when excess emissions or permit deviations have already been reported under condition <insert cross reference to standard permit condition III

-

excess emissions and permit deviation reports>, the permittee may cite the date or dates of those reports" to " shall " to read:

"when excess emissions or permit deviations have already been reported under condition <insert cross reference to standard permit cond ition III

- excess emissions and permit deviation reports>, the permittee shall cite the date or dates of those reports."

Rationale: Removes ambiguity and possibility of error.

Response B :

The department agrees with the proposed change . The department agrees that the proposed change will reduce the possibility of errors in reporting.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 3 of 33 Response B : Revised Language:

The department proposes to make the suggested change to Standard Condition VII,
Condition 1.2b.

Comment C.1 : ConocoPhillips Comment on 18 AAC 50.345(j) :

“CPAI supports the change being proposed for 18 AAC 50.345(j) but believes it should be clarified. It appears the Department is modifying the language so that only applications, operating reports, excess emission/permit deviation report s, and compliance certifications need be certified by a responsible official. If this is the case, we believe this is a very good change. However, two phrases in the proposed regulation have the potential of clouding the Department’s intent and introduci ng confusion.

First, the proposed requirement to certify any “ report ” is ambiguous and could eliminate any benefit of this proposed regulation change. This regulation would be much clearer (and beneficial) if it was worded so that specific types of repor ts (i.e., semi

- annual or quarterly operating and excess emission/permit deviation reports) be certified. Second, the requirement to certify any “ affirmation ” could similarly eliminate any benefit from this rule package. We’re not sure what types of submi ttals could be considered affirmations and believe this word could conceivable be expanded to cover just about anything. For example, pursuant to one of our permits we notify ADEC of drill rig relocations (which happen frequently) and those notifications are certified by a responsible official. We discussed with the Department previously that obtaining the certifications for these rig moves is overly burdensome and looked forward to this regulation package for relief. However, if rig move notifications a re construed to fall into the “report” or “affirmation” category (not inconceivable given the lack of definition for the two words), the benefit of the rule change will be lost on us. We’re not sure the Department intends this outcome.

In summary, CPAI r equests that the word affirmation be removed from this proposed rule and that the types of reports

The department think s that the proposed condition text is already specific enough. The text requires that the permittee certify any of the various mentione d reports that “... are submitted to the Department AND required by the permit....” Emphasis on the word “and” has been added for clarity. Reports submitted by the permittee not required by the permit would not have to be certified, but any report required by the permit and submitted to the Department would be required to be certified. That distinction in 18 AAC 50.345(j) spells out what constitutes a report under 18 AAC 50.345(j)

. Other items that requiring certification be specified. In addition, we request that the last sentence of proposed 18 AAC 50.345(j) be worded as follows: “All other
documents requiring certification under this paragraph must be certified upon
submittal.” ”

Response C.1 :Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 4 of 33 do not constitute a report, but are required by the permit

, such as a response to a Departmental information request

, would have to be certified since it is a required element of the permit under 18 AAC 50.200. The addition of the word “affirmation” brings this regulatory text in line with 18 AAC 50.205

.

Response C.1: Revised Regulations :

The department does not propose to change the text of 18 AAC 50.345(j) as requested.

Comment C.2 : ConocoPhillips Comment on Standard Operating Permit Condition
VII :

“CPAI understands the Department’s efforts to modify Stand ard Operating Permit Condition VII but it is not clear why a more burdensome requirement is necessary in all cases. Specifically, it appears the proposed standard condition language will require the generation of two distinct data sets for spans when new permits are issued at some point during the reporting period. We understand that there may be circumstances where this is necessary but are compelled to request flexibility for very practical reasons.

Given the amount of data we must handle for most of o ur facilities, developing a single data set is itself quite a staff

- intensive effort. Data collection, collation, and review (sometimes on multiple levels) require the focus of several people in a condensed period of time. Potentially doubling this load could have a significant impact and subject a facility to unnecessary compliance risk (i.e., something could be missed in one of the sets as a result of frantically trying to generate two).

CPAI thus requests that language be added to the proposed Standar d Operating Permit Condition VII that allows the newer permit reporting requirements to supersede the old permit reporting requirements if a permit is issued during a reporting period

– so long as the new permit requirements can be fully complied with (i.e ., the date collection mechanisms are in place to satisfy for the entire reporting period the new permit reporting requirements). We accept that, in the absence of being able to fully comply with the new permit reporting requirements, then two data sets w ill need to be generated. The justification for this request is that new permit reporting requirements are presumably superior to older permit reporting requirements, and for this reason, they were changed.”

Response C. 2 :

The department does not intend to produce more burdensome reporting requirement

. T he language change in the Standard Condition is needed to remove ambiguity and improve
the clarity and accuracy of the reports submitted that occur over a permit revisions cycle

. This is an infrequent rep orting event that occurs every five years when a new permit is
issued and supersede s an old permit. This change makes no distinction that the new permit reporting requirements are superior to the old permit reporting requirements

, justStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 5 of 33 that each permit’s terms and conditions must be reported for the time period that each permit is effective , regardless if that permit has recently expired

.

Whenever a permit action takes place and includes new or revised permit conditions ( and possibly renumbered permit c onditions )

, the chance for error is increased. By providing one report in line with the original permit terms and conditions from the date of the beginning of the reporting period up until the date of new permit issuance, and then a second report for the new permit from the date of permit issuance until the end of the reporting period in line with the new version of the permit

, the chances for clarity and

accuracy are improved. This will ensure compliance while allowing the Permittee reporting options. Pe rmittees have the option to submit one report certifying all permit terms and conditions against each permit for each period that the permit was valid or two reports (one for each division of the reporting period against the permit that was valid during th at timeframe) to cover the transition from a rescinded or expired permit to a renewed permit

.

If the Department were to follow CPAI ’ s request, one of either two possibilities may

occur: 1) only the permit terms and conditions would be reported against und er the new permit, ignoring terms and conditions that existed up until the permit was renewed or revised since the last reporting period; or 2) the permittee may report against a condition in the new report for the entire period back to the last report und er the old permit that
may not cross over (or correspond) to the exact same condition in the old permit . Both of these reporting possibilities could create confusion for compliance tracking.

This revision to the Standard Condition ensures date

- to

- date co ntinuity and permit
condition

- to

- condition flow by extend ing the reporting obligation into areas covered by a previous permit even if that permit has been replaced by a renewal permit

. This revision
to the Standard Condition is increasingly important as pe rmittees have started submitting compliance reports under the currently valid renewal permit

, and the y may not completely comprehend the need for full date

- to

- date continuity by reporting against
rescinded /expired permits that were replaced by the renewal permits

.

As an example, let’s examine a TVP01 permit that expires on September 15 and is
renewed in a timely manner by a new TVP02 permit (i.e. the TVP02 was issued before the expiration date of the TVP01 or the application was received before the expirat ion of the TVP01 and so the TVP02 was issued under the permit shield provisions of the regulations) . The Operating Report for the TVPO1 covered the period July 1 to December 31 and is due on February 1 of the next year. The Operating Report for the
TVP02 is also due on February 1. When the reports are due in February , the permittee is
then operating under the new renewed TVP02 permit, and its effective date only goes back to September 15. What about the reporting obligations for July 1 to September 14? They are under the old TVP01 permit, but it has expired

. Can they be ignored? No, the reporting requirement still exists to report under the expired TVP01 permit and under the new TVP02 permit to cover the date

- to

- date continuity of July 1 to December 3 1.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 6 of 33 Can the Permittee make one report covering the whole time period? Yes, if the terms and conditions have not changed, as stated in the Statement of Basis. If the TVP02 permit changes the numbering or the terms contained within the conditions, then t wo reports would best suit the reporting requirement to ensure clear alignment to the correct
reference s in each permit.

This is one time reporting occurrence, and n o subsequent dual

- reporting is required. During the next Operating Report cycle the new TVP02 permit will be the only permit in effect during that reporting time frame.

No new reporting requirements or new data sets are required by this revision to the
standard condition

. CPAI ' s suggestion that “ Potentially doubling this load could have a

si gnificant impact... ” is a mistaken interpretation . The change to the standard condition only clarifies reporting requirements to ensure continuity.

Response C. 2 : Revised Language :

The department does not propose to change the language of Standard Conditi on VII as suggested.

Comment F.1 : AOGA Comments on Standard Operating Permit Condition VII

“ 1. Standard Operating Permit Condition VII

– Operating Report s

Comment F.1.a:

“ a. Please delete Footnote 1. Footnote 1 extends the duration of certain Title V permit conditions and requirements. This extension is directly contrary to the explicit requirements in 18 AAC 50.326(j)(2) and AS 46.14.23 0.”

Response F.1.a:

The department does not agree with this proposal. The footnote does not change the permit eff ective dates, so it is not in conflict with 18 AAC 50.326(j)(2) or AS 46.14.230. The footnote ensures that if a permit has expired before the end of a calendar year, there is still a requirement to submit operating reports for the period of time during th e year when the facility was in operation prior to the expiration of the permit.

Response F.1.a : Revised Language :

The department does not propose to remove the Footnote 1. The footnote will remain in
Standard Condition VII.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 7 of 33 Comment F.1.b :

“ b. P lease amend Condition 1 to require the submission of one original operating report and one copy of that report. AOGA believes that one original report and one copy of that report is adequate to meet Alaska Department of Environmental Conservation (ADEC)

wo rking and recordkeeping requirements. ”

Response F.1.b:

The department requires one original and two copies of each operating report submission to ensure that there are sufficient copies available for distribution to all necessary staff

. One of these co pies is allowed (and preferred) to be an electronic copy to ease Departmental distribution of the reports to staff. The remaining two paper copies (original and one other copy) are required for Departmental files and for distribution.

Response F.1.b : Re vised Language :

The department does not propose to change the condition language text.

Comment F.1.c :

“ c. AOGA is supportive of the option in Condition 1.1 to provide electronic copies of data reports and emission source test reports instead of hard cop ies. However, AOGA believes this option should be provided in a stand

- alone standard permit condition because the option will be applicable to many documents, not just operating reports. Including the option in Standard Operating Condition VII could contr ibute to future
confusion because Standard Condition VII is specific to operating reports.”

Response F.1.c:

The department has already provided report

- specific language for each reporting element that may be submitted electronically, such as excess emiss ions/permit deviations reports
or relocation notices. Th e language in Standard Condition VII is specific to the compliance reporting required by this condition. The requirement to submit data or reports electronically can differ depending on the report t ype, i.e. electronic notification under Standard Condition III must be done via web submittal, not through sending an electronic copy of the document. Developing one new standard condition to address all electronic submittal of reports and other informati on would, therefore, not be possible
due to the variances in submittal format requirements across submittal types.

Response F.1.c : Revised Language :

The department does not propose to change the submission of electronic copies from a part of Standard Co ndition VII to a stand

- alone standard condition.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 8 of 33 Comment F.1.d :

“ d. Please delete Condition 1.4. The department explains that this change “will ensure complete reporting obligations for the entire range of reportable dates that continue over permit rene wal transition periods.” While this goal seems logical, it is not supported in statute or regulation. This requirement imposes unnecessary risk associated with missed reporting on obsolete requirements. Reviewing expired reporting requirements does not

ser ve to prevent, abate, or con trol air pollution.”

Response F.1.d:

The department does not agree . The goal of the condition is supported in f ederal

r egulation ( 40 CFR 71.6(a)(3)( i ii ) adopted by reference) and in State statute (AS 46.14.140) . The revised Standard Condition text adds no new reporting requirements and ensures that reporting obligations for past and present permit effective date periods are
date

- to

- date consistent and cover all periods of time covered by an operating permit. No new complianc e risk is added to this condition since permittees are required to report on each permit term and condition throughout the effective date range of that permit, even if it has expired and a new permit has been issued. The condition clarifies that if a perm it expires in the middle of a semi

- annual period and is replaced with a renewed permit, then the permittee must not only report from the effective date of the new permit to the end of the reporting period, but must also report against the terms and conditi ons of the expired permit for those dates covered under that reporting period which occurred before the renewed permit became effective. This provides date

- to

- date continuity, and no “ free
ride ” is issued for the period under an expired permit that is not covered by the renewed permit.

It should be noted that this is a one

- time occurrence every 5 years upon the permit renewal cycle. Once the permittee has fulfilled the reporting obligations of an expired or superseded permit with the last operating repor t and annual compliance certification, then that expired/superseded permit has been fulfilled.

Response F.1.d : Revised Language :

The department does not propose to delete Condition 1.4 as suggested.

Comment F.1.e:

“ e. If the department elects to retai n Condition 1.4, it is only applicable during the first period of a renewed operating permit. The requirement is not applicable to and should not be included in an initial operating permit. Please add an instruction informing ADEC staff that this requirem ent should not be included in an initial operating permit. ”Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 9 of 33 Response F.1 .e:

The department agrees that the condition is only applicable as a facility transitions from an expired to a renewed permit; as written, the condition starts with the header:
“T ransition from expired to renewed permit.” The wording of the condition makes it
clear that it is not appl icable to an initial permit issuance.

Response F.1 .e : Revised Language :

The department does not propose to change the language in Condition 1.4. The condition is specifically written to indicate that during the first reporting period of a renewed permit that the facility must provide the operating report information from the period immediately preceding the issuance of the renewed permit.

Comment F.2: AOGA Comments on Standard Operating Permit Condition IX :

“ 2. Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units”

Comment F.2.a:

“ a. Please delete Footnotes 1 and 2 bec ause these footnotes are no longer necessary. In a rulemaking published in the Federal Register on August 14, 2007, the U.S. Environmental Protection Agency (EPA) approved and incorporated by reference 18 Alaska Administrative Code (AAC) 50.055, except fo r (d)(2)(B). This approval became effective on September 13, 2007. As a result, these footnotes are no longer necessary. ”

Response F.2.a:

The department agree s with this proposed change. The EPA’s approval of Alaska’s State Implement ation Plan changes t o 18 AAC 50 in 2007 makes the footnotes moot.

Response F.2.a : Revised Language :

The department proposes to remove Footnotes 1 and 2 from Standard Operating Permit
Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

Fired Emission Units.

Comment F.2.b:

“ b. Please amend the first sentence of Condition 3.1a as follows to clarify that restarting the cycle of monitoring is not required per Condition 3.4.

Except as provided in Condition 3.4, for EU ID(s) < >, observe exhaust for 18
minutes within six months after the issue date of this permit.”Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 10 of 33 Response F.2 .b :

The department agree s with this proposed change. Condition 3.4 clearly allows for an alternate monitoring frequency for renewal permits and should be referenced in
Condition 3.1.a.

Response F.2 .b : Revised Language :

The department proposes to add the suggested language to Condition 3.1.a.

Comment F.2.c:

“ c. Please amend Condition 3.1b to clarify that this condition is applicable to an emission
unit and to be con sistent with the definitions of emission unit and stationary source in
1 8 AAC 50.990.

After the first Method 9 observation, perform 18

- minute observations at least one
in each calendar month that an emission unit a source operates.”

Response F.2.c:

The department agrees with the proposed change fr om “source” to “emission unit ” in the proposed location in the Standard Condition.

Response F.2.c: Revised Language :

The department propos e s to change the word “source ” to “emission unit ” as proposed in
the Standard Condition.

Comment F.2.d:

“ d. Please amend Condition 3.1e as follows to clarify that this condition is applicable to an emission unit and to be consistent with the definitions of emission unit and stationary
source in 18 AAC 50.990.

If a six

- minute average opacity is observed during the most recent set of observations to be greater than 15 percent and one or more of the observations are greater than 20 percent, then increase or maintain the 18

- minute observation frequency for that emission unit source to at least monthly intervals, until the criteria in Condition 3.1b for semiannual monitoring are met. ”

Response F.2.d:

Please see Response F.2.c

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 11 of 33 Response F.2.d: Revised Language :

Please see Response F.2.c: Revised Language

.

Comment F .2.e:

“ e. Please amend Condition 3.3a as follows to clarify that this condition is applicable to an emission unit and to be consistent with the definitions of emission unit and stationary
source in 18 AAC 50.990.

initiate action to eliminate smoke from the emission unit source within 24 hours
of the observation. ”

Response F.2.e:

Please see Response F.2.c

.

Response F.2.e: Revised Language :

Please see Response F.2.c: Revised Language

.

Comment F.2.f :

“ f. Please amend Condition 4.1a.(ii) as follows to remove the requirement to record sun location and operating rate. Recording these data is not an element of the Method 9 test procedure and is not related to any compliance requirement.

the time, estimated distance to the emissions location, sun loca tion, approximate wind direction, estimate wind speed, description of the sky condition (presence and color of clouds), and plume background , and operating rate (load or fuel consumption rate) on the sheet at the time opacity observatio ns are initiated and completed;”

Response F.2.f :

The department does not agree . Specific positions of the sun location are specified in EPA Reference Method 9, Part 60 App. A

- 4, para.2.1 in order to perform a legally valid observation, and thus the requirement to record t he sun location to validate part of the observation is clear. The operating rate of the stationary source verifies to the observer that the source is operating at an expected operating level consistent with normal operation of the source(s) operating unde r the permit.

Response F.2. f

: Revised Language :

The department does not propose to change the language as suggested.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 12 of 33 Comment F.2.g:

“ g. Please amend Condition 4.2b as follows to clarify that this condition is applicable to
an emission unit and to be c onsistent with the definitions of emission unit and stationary
source in 18 AAC 50.990.

from < insert Table of Emission Units designation >, the ID of the emission unit

source observed;”

Response F.2.g:

Please see Response F.2.c

.

Response F.2.g: Revis ed Language :

Please see Response F.2.c: Revised Language

.

Comment F.2.h :

“ h. Please amend Condition 4.2e as follows to clarify that this condition is applicable to
an emission unit and to be consistent with the definitions of emission unit and stationa ry source in 18 AAC 50.990.

if the emission unit source starts operation on the day of the observation, the start up time of the emission unit source ;”

Response F.2.h:

Please see Response F.2.c

.

Response F.2.h: Revised Language :

Please see Response F.2.c: Revised Language

.

Comment F.2.i :

“ i. Please amend Condition 5.1a as follows to clarify that this condition is applicable to an emission unit and to be consistent with the definitions of emission unit and stationary
source in 18 AAC 50.990.

whi ch visible

- emissions plan for Condition 3 was used for each emission unit

source ; if more than one plan was used, give the tim e periods covered by each plan;”Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 13 of 33 Response F.2.i:

Please see Response F.2.c

.

Response F.2.i: Revised Language :

Please see R esponse F.2.c: Revised Language

.

Comment F.2.j:

“ j. Please amend Condition 5.1b as follows to clarify that this condition is applicable to an emission unit and to be consistent with the definitions of emission unit and stationary
source in 18 AAC 50.990

.

For each emission unit source under the Method 9 Plan,”

Response F.2.j:

Please see Response F.2.c

.

Response F.2.j: Revised Language :

Please see Response F.2.c: Revised Language

.

Comment F.2.k:

“ k. Please amend Condition 5.1b.(i) as follows to clarify that this condition is applicable
to an emission unit and to be consistent with the definitions of emission unit and stationary source in 18 AAC 50.990.

copies of the observation results (i.e. opacity observations for each emission unit

source th at used the Method 9 Plan, except for the observations the Permittee has already supplied to the department; and ”

Response F.2.k:

Please see Response F.2.c

.

Response F.2.k: Revised Language :

Please see Response F.2.c: Revised Language

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 14 of 33 Comment F.2.l:

“ l. Please amend Condition 5.1c as follows to clarify that this condition is applicable to an emission unit and to be consistent with the definitions of emission unit and stationary
source in 18 AAC 50.990.

for each emission unit source under the Smoke/No Smoke Plan, the number of days that Smoke/No Smoke observations were made and which days, if any, that smoke was observed; and”

Response F.2.l:

Please see Response F.2.c

.

Response F.2.l: Revised Language :

Please see Response F.2.c: Revised Language

.

Comment F.2.m :

“ m. Please delete Condition 5.2 (b) or at a minimum modify the requirement as follows to require that failure to monitor reports be submitted within three days after discovery.

if any monitoring under Condition 3 was not perf ormed when required, report within three days of discovery that

The Permittee shall conduct source tests on diesel engines and liquid

- fired turbines, < identify of the date the monitoring was required.”

Response F.2.m:

The d epartment does not agree . The requested change would allow unbounded late compliance reporting by manipulation of the date of discovery. The current condition text places the burden on the Permittee to know the required compliance reporting cycle and make timely reports, or respond quickly ( in advance preferably, or within three days) of a missed reporting date.

Response F.2.m : Revised Language :

The department does not propose to change the condition language as requested

.

Comment F.2.n:

“ n. Please amend Condition 9 as follows to clarify that this condition is applicable to an
emission unit and to be consistent with the def initions of emission unit and stationary
source in 18 AAC 50.990.

emission units sources >, to determine the concentration ofStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 15 of 33 particulate matter (PM) in the ex haust of an emission unit

Comment F.2.o :

“ o. Please delete Condition 9.2b. ADEC doe s not provide a rationale for the distinction between emission units with exhaust stack diameters less 18 inches and larger diameter exhaust stacks. Condition 9.2a adequately assurances compliance with the particulate
matter emission standard for all diese l

- fired engines and turbines , regardless of stack
diameter.”

Response F.2.o:

The department does not agree with the request to delete Condition 9.2.b. The c ondition

, as written

, is based on Departmental experience that 20% opacity does not guarantee

co mpliance with grain loading limits for stacks less than 18 inches in diameter. The relationship between grain loading and opacity is dependent on the thickness or depth of the plume and is, therefore

, related to and dependant on stack diameter

. The diame ter of the stack will impact the opacity due to the volume of the plume produced and the relationship between the plume volume and how much light can pass through each plume

. Dense (or darker) plumes will have a higher opacity value due to the longer path length of transmitted light through the plume

. Wider stacks produce a larger plume
volume which results in denser plumes

. Narrower stacks will have to have a higher grain loading value to result in 20% opacity readings than larger diameter stacks

. If t here is the

s ame grain loading value in a 17 inch stack and a 24 inch stack then the larger, 24 inch
stack ’s plume will appear “darker”, or have a higher opacity

, due to the effective distance
th e transmitted light has to pass thr ough to be observed . A pl ume that is compliant with the 20% opacity standard in a 24 inch stack will therefore look lighter (lower opacity) in a 17 inch stack. Based on existing experience, a stack with a diameter less tha n 18 inches can violate the particulate matter standard if the opacity is 20%; therefore, 15% opacity is more representative of compliance with the PM standard for narrow stacks. This correlation has been public information in the Statements of Basis of many pre

- 2003 operating permits.

Response F.2.o: Revised Language :

The department does not propose to delete Condition 9.2.b

. a source in accordance
with Condition 9.”

Response F.2.n:

Please see Response F.2.c

.

Response F.2.n: Revised Language :

Please see Response F.2.c: Revised Language

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 16 of 33 Comment F.2.p :

“ p. Please delete Condition 10. This condition is not necessary based on the request to
delete Co ndition 9.2b.”

Response F.2.p:

The department does not agree

. Condi tion 9.2.b is not being deleted ; therefore Condition
10 should not be deleted . Additionally, t his is a valid request for as

- built information for initial permits and is usually struck from renewal permitting projects once the
information is reported and v erified.

Response F.2.p: Revised Language:

The department does not propose to delete Condition 9.2.b and therefore does not propose to delete Condition 10.

Comment F.2.q :

“ q. Please delete Condition 11.2. This condition is not necessary based on the r equest to delete Condition 9.2b. ”

Response F.2.q:

Please see Response F.2.o

. The department does not agree that Condition 9.2.b should be
deleted and therefore does not agree that Condition 11.2 should be deleted

.

Response F.2.q: Revised Language:

Please see Response F.2.c: Revised Language . The department does not propose to delete Condition 9.2.b and therefore does not propose to delete Condition 11.2.

Comment F.2.r:

“ r. Please amend Condition 15.2 as follows to clarify that this condition is applicable to an emission unit and to be consistent with the definitions of emission unit and stationary
source in 18 AAC 50.990.

EU ID(s) < > are subject to the liquid fuel monitoring requirements described in Condition 3 and 9 if operations exceed 400 hours per calendar year per emission
unit source on a back

- up liquid fuel. ”

Response F.2.r:

Please see Response F.2.c

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 17 of 33 Response F.2.r: Revised Language :

Please see Response F.2.c: Revised Language

.

Comment F.2.s:

“ s. Please amend Condition 15.3 as follows to clarify that this condition is applicable to an emission unit and to be consistent with the definitions of emission unit and stationary
source in 18 AAC 50.990.

The Permittee must notify the department and begin monitoring the affected
emis sion unit source according to Conditions 3 and 9 no later than 15 days after the end of the calendar month in which the cumulative hours of operation for the calendar year exceeded 400 hours on a back

- up liquid fuel. ”

Response F.2.s:

Please see Respons e F.2.c

.

Response F.2.s: Revised Language :

Please see Response F.2.c: Revised Language

.

Comment F.3: AOGA Comments on Standard Operating Permit Condition XIII :

“ 3. Standard Operating Permit Condition XIII

– Coal Fired Boilers.

a. Condition 2.1b.( i) appears to contain an incorrect cross

- reference to condition XIII.2.1(iii). The correct cross

- reference may be to Condition XIII.2.1b.(iii). ”

Response F.3 :

The department agree s with this comment. The “b” was omitted from the reference s in
Condition 2.1b(i).

Response F.3 : Revised Language:

The department proposes to correct the omission s of the “b” in the reference in Condition 2.1b(i) to read “under condition XIII.2.1b(iii).

Comment F.4: AOGA Comments on Standard Operating Permit Condition XIV :

“ 4. Standard Operating Permit Condition XIV

– Document Submittals and Electronic Copies ”Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 18 of 33 Comment F.4.a:

“ a. A citation at the end of this condition appears to be incorrect. The citation to 40 CFR 70.10(d)(1) may have been intended to be a citation t o 40 CF R 71.10(d)(1).”

Response F.4.a :

The department agree s that the citation is incorrect. The citation should be to 40 CFR 71.10(d)(1).

Response F.4.a : Revised Language:

The department proposes to correct the citation to read 40 CFR 71.10(d)(1).

Comment F.4.b:

“ b. Item 10 in the Project Documentation and Rationale document incorrectly describes this new standard condition as directing “Permittees to send copies of required reports” directly to EPA. This condition does not encompass reports, but is instead limited to “each application for modification or renewal of this permit, including any compliance plans, or application addenda.” Please amend the Project Documentation and Rationale document to be consistent with the standard permit condition. ”

Response F.4 .b :

The department agree s that the “Project Documentation and Rationale” document wording does not have the same wording as Standard Condition XIV.

Response F.4 .a : Revised Language:

The department proposes to change the language in the “ Project Documentation and Rationale” document to reflect the wording found in Condition XIV.

Comment G: BPXA General Comments

“ BPXA has participated in the review process with the Alaska Oil and Gas Association (AOGA), and worked with AOGA and its memb er companies to formulate AOGA’s comments. We fully support and endorse those comments being submitted by AOGA on needed changes to the proposed regulations. To supplement AOGA’s comments, BPXA proposes to eliminate a redundant requirement to report moni toring missed within three days of being missed and amending a requirement for visible emission surveillance of flares during scheduled maintenance. ”Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 19 of 33 Comment G.1: BPXA Comments on Standard Operating Permit Condition I X

“ The visible emission reporting r equirement to notify within three days of not performing required monitoring is redundant with provision for identifying deviations from permit conditions, including deviations from any monitoring requirements. Therefore, BPXA request deletion of this con dition. At a minimum, BPXA requests modifying this requirement to require notification with three days of discovering that the required monitoring was not completed instead of within three days of not performing the monitoring....

BPXA requests the followi ng changes to the standard conditions:

1. Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units

a. Please delete Condition 5.2(b) or at a minimum modify the requirement as foll ows to require that failure to monitor reports be submitted within three days after discovery.

In any monitoring under Condition 3 was not performed when required, report within three days of discovery that of the date the monitoring was required.”

Respo nse G.1 :

The department does not agree. The intent of this condition is to enhance visible emissions monitoring by ensuring that permittees are aware of visible emissions monitoring requirements by performing more active monitoring. The requested change would allow unbounded late compliance reporting by manipulation of the date of discovery. The current condition text places the burden on the Permittee to know the required compliance monitoring and reporting cycle and make timely reports, or inform
the department if a reporting deadline will not be met or within three days of a missed reporting date

. Although the condition might be construed as redundant with the permit deviation reporting requirement, this condition is more specific than other conditio ns

. Visible emissions differ from other compliance requirements in that they are one

- time

and

- gone events that cannot be replicated at a later date as many other requirements can. To ensure awareness of those visible emissions monitoring requirements, the Department has used this visible emissions reporting condition to ensure that permittees are actively participating in visible emissions monitoring on a daily basis, and not after

- the

- fact.

Response G.1 : Revised Language:

Please see Response F.2.m: Re vised Language

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 20 of 33 Comment G.2 : BPXA Comments on Standard Operating Permit Condition IX

“ ...The requirement to observe the first six flare events that are greater than an hour and during scheduled maintenance is problematic from a compliance standpoint w ith no environmental benefit. BPXA has not exceeded an opacity limit, but has had challenge s getting certified readers to facilities when flaring could exceed an hour, has had personnel monitor flare events that end up lasting less than one hour and that do not count toward the first six events, and even has had difficulty interpreting what is scheduled maintenance. Our objective is to always minimize flaring and to flare less than an hour. While some maintenance is scheduled well in advance, some mainte nance is done when an opportunity arises due to an unexpected shutdown. It can be confusing during our annual compliance certifications and audits to determine if the rare flaring that exceeds and hour was during “scheduled release operations.”... ”

Comment G.2.a:

“ 2. Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units

a. Please amend Condition 6 as follows to require the observation of flaring above de
minimus levels that are incidental to normal flaring operations once per calendar year. This change provides more flexibility without compromising compliance assurance. BPXA’s policy is to minimize flaring and to keep events under the preauthorized
timeframe of one hour in Alas ka Oil and Gas Conservation Commission regulations. In addition, some facilities never have a “flare event” as defined in Footnote 3. This change could result in both greater flare monitoring; greater flexibility; and reduced compliance
risk. Please als o delete Footnote 3 and 4, consistent with the request.

The Permittee shall conduct one visible emission surveillance of the flare each calendar year when the flaring volume exceeds de minimus pilot, purge, and assist
gas rates. observe the first six flar e events 3 occurring during the life of this permit 4

. ”

Response G.2.a :

The Statement of Basis for Standard Condition IX provides the basis for the condition

. The condition is meant to ensure continued compliance over the life of the permit and
will also provide data from scheduled events to allow the department to continue to refine the monitoring scheme

. The condition was revised to allow the permittee to observe six flare events during the life of the permit with at least one event observed per calend ar
year.

Response G.2.a : Revised Language:

The Permittee shall observe six flare events 1 occurring during the life of this permit 2 including at least one event per calendar year

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 21 of 33 (Please note that the footnote numbers have changed as a result of the de letion of Footnotes 1 and 2.)

Comment G.2.b :

“ b. Please delete the second sentence of Condition 6.3 because the requirement is no longer necessary based on the requested change to Condition 6. ”

Response G.2 .b :

Please see Response G .2. a

.

Response G.2 .b : Revised Language:

Please see Response G.2.a : Revised Language

.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 22 of 33 SPAR Response to Comments on In Situ Burning Guidelines:

Response to Public Comments

In Situ Burning Guidelines

Prepared by:
Leslie Pearson
Bob Mattson Larry Iwamoto Gerry Guay

The Department received written comments from the following: A) Alaska Departm ent of Environmental Conservation (ADEC) B) Prince William Sound Regional Citizens Advisory Council (PWS RCAC) C) U.S. Department of the Interior ( DOI )

The Department received oral testimony at the public hearing from: Dana Olson (General Public)

The followin g addresses comments received from each specific organization/individual:

Written Comments

A. Alaska Department of Environmental Conservation (ADEC) :

1. PM2.5 National Ambient Air Quality Standard (pg 29). Paragraph 1: revise to read " The PM2.5 safe dis tance criterion in these guidelines were revised in the late 1990s to reflect ....... meter threshold to protect public health and welfare". Delete the next sentence “As noted .....requirements" and continue with the third sentence.

Paragraph 1: revise to r ead “ These guidelines are consistent with the latest revision of the fine particulate standard. To enhance the F O SC/SOSC's understanding of fine particulate levels downstream of a burn, air monitoring (IAW the SMART protocols) must be ... ......"

Paragraph 3: replace 65 **μ** g/m 3 to reflect the latest revision to the fine particulate standard at "35 **μ** g/m 3

.

Paragraph 4: Since the 1997 form of the standard h as been replaced in 2006 I recommend we drop the next two paragraphs as they have no meaning in this
discuss ion.

2. Table 6

- Air Quality Standard (page 34) lists the state/federal air quality
standards in two different units of measure for several of the criteria air pollutants. I recommend the department either chose one unit (either ppm orStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 23 of 33 ug/m3) or show bot h units. The current format can be confusing to those who do not understand that there are two sets of values representing the same level of impact. The state standard for CO is not different from the federal standard, but to the inexperienced person it looks that way. While either of my options is acceptable, I believe the best way to display this information would be to show both units. For CO, both the state and federal standard

would read 10 **μ** g/m 3 ( 9 ppm). I chose to list **μ** g/m 3 first because the

pa rticulate standards are in **μ** g/m 3

.

3. Table 7

- Pollution Standard Index Values and Associated Health Affects (page 35) lists the values and action levels for the old form of the fine particulate standard which was replaced in December 2006. I recommend we update this information to be consistent with EPA's Air Now program guidance. First, the Pollution Standard Index has been replace d in name by the "Air Quality Index". Second, the table does not list the Air Quality Index (AQI) for fine particulates wh ich were established as a standard in 1997 (65 μg/m 3 ) and revised in December 2006 to 35 **μ** g/m 3 . I believe it would be prudent to revise the AQI to reflect this updated information. While the standard has changed, EPA is still negotiating at what level the "Significant Harm" advisory would be made. I recommend the Department list the values EPA has tentatively identify for the revised AQI and footnote them as being proposed. This way, at the least, we would be proactive in protecting the public. EPA staff seem pretty confident in the values identifie d for level's 1

- 4. The sticking point seems to be where to set the "significant harm level". Under this scheme, Level 1 would be set at the standard (35 **μ** g/m 3 ), Level 2
would be set at 55 **μ** g/m 3 , Level 3 would be set at 140 **μ** g/m 3 , Level 4 would

be set at 210 **μ** g/m 3 and the significant harm level would get set at 280 **μ** g/m 3 or higher? Using these concentrations to set AQI action levels is consistent with the way Air Advisories are issued for smoke from Wildland Fires.

Responses to the specific comments a s they pertain to the ISB Guidelines are as follow s : The Department c oncur s

. The s uggested changes have been incorporated into the latest version of the document

.

B. Prince William Sound Regional Citizens Advisory Council (PWS RCAC)

1. On page 3 it states, “These guidelines were initially updated to meet the National Ambient Air Quality Standard (NAAQS) of PM2.5 and 65 μg/m 3 for public health and safety requirements. In 2006, the standard was revised to 35 μg/m 3 . These guidelines are consistent with the revi sed national air quality standard.” As noted above, this is not quite true as the values are the same as in the last guideline using the higher standards.

Response:Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 24 of 33 The Department has considered the effects of the change in the National Ambient Air Qual ity Standard (NAAQS) from a 24

- hour average of 65 **μ** g/m 3 to
a 24

- hour average of 35 **μ** g/m 3 on the In Situ Burning Guidelines, revision 1

. The Department has concluded that this change does not impact the protection for public health and safety afforded by t he overall conservative nature of the In
Situ Burn Guidelines.

The NAAQS PM2.5, 24

- hour average 35 **μ** g/m 3 standard has not yet been formally adopted for the State of Alaska. The Department will continue to evaluate future changes in the NAAQS as well as the formal adoption of the 35ug/m3 or other relevant standards and will evaluate and propose appropriate updates to the guidelines to ensure ongoing consistency with any new standards or requirements.”

A dditional text requiring air monitoring (for burns that may impact populated areas) was added to an earlier draft of the ISB Guidelines to provide further

measure s to ensure public health and safety.

2. On page 3 the link to SMART is given as “SMART Protocols for in Situ burning can be accessed at: http://response.restoration.noaa.gov/gook_shelf/648_SMART

. This link no longer works.

Response: Concur. The weblink has been updated to read: http://response.restoration.noaa.gov/book_shelf/648_SMART

3. On page 7, again it is stated, “These guidelines are consistent with the revised national air quality standards (35 **μ** g/m 3 for PM2.5).” As noted in our note 1 above, thi s is not quite true.

Response: Noted. DEC Air Quality staff provided additional clarification on this issue (see ADEC comments in th is section

, specifically the response to paragraph B .1.)

4. On page 10, the reference (ASTM 1997) should be 2007. ASTM stan dards expire every 5 years and they are either withdrawn, re

- written, or renewed with minor changes. The latter is the case and the reference is now ASTM 2007. However, the correct reference is also F2152 (2007) In Situ Burning of Spilled Oil: Fire

- Resista nt Boom. This is not listed in the references.

Response: The Department c oncur s

. The r ecommendation has been incorporated into the latest version of the document

.

5. On page 14 it is stated “The Unified Command should consider additional safeguards when ap propriate such as use of the NRT’s SMART protocols forStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 25 of 33 monitoring burns. (See http://response.restoration.noaa.gov/gook_shelf/648_SMART.pdf) .”
This link does not work. The SMART Protocols state that there should be monitoring teams in place in order to evaluate effects downwind. This is important as it provides for the protection of public health and safety for both the general public as well as the spill responders who could be downwind from a burn. The only way to evaluate this is to have the teams ready, as ISB operations generally happen quickly within the first hours or first day of a spill.

Response: The Department concurs

. The weblink has been updated to read: http://response.restoration.noaa.gov/book_shelf/648_SMART

Additionally, plans are to mobilize DEC Air Quality staff immediately in the event of an oil spill where ISB may be employed. Appendi x 5 provides a listing of federal and state air monitoring equipment assets that are available for this purpose.

6. Page 17 “A computer model has predicted the greatest downwind distance at
which the smoke plume’s particulate matter of 2.5 microns or less i n diameter (PM2.5) diminishes to 65 micrograms per cubic meter averaged over one hour at ground level in flat terrain.” This statement is clear but shows the old modeling was brought forward

– 65 **μ** g/m 3 was used. See our above

comments.

Response: Noted. DEC Air Quality staff provided additional clarification on
this issue (see ADEC comments in this section, specifically the response to paragraph B.1.)

7. Page 18

– there are several references to the conflict between 65 **μ** g/m 3 and 35

**μ** g/m 3 standards and what actually took place in this guideline. This page apparently makes the statement that the modeling was done before, e.g. under
the 65 **μ** g/m 3 . As per the reference “Incorporated here by reference is “In Situ Burning Safe Distance Predictions with ALOFT

- F T Model” (Bronson 1998),” Either this needs to be updated or the guidelines should state as in #1 above, that the modeling was done on the old guidelines. See our overall comment summary above.

Response: Noted. The reference to 65 **μ** g/m3 has been changed to reflect 35

**μ** g/m3 for the first paragraph on this page. DEC Air Quality staff provided
additional clarification on this issue (see ADEC comments in this section, specifically the response to paragraph B.1.)

8. Page 19 the table for safe distances d oes not note that these values do not
consider burn size or type of oil being burned.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 26 of 33 Response: Noted. Table 4 refers the reader to Table 5 on page 30, where the size
of the burn is provided in the first column. The type of oil used in the modeling is crude oil.

9. Page 19 “the expectation of PM2.5 less than 65 **μ** g/m 3 micrograms per cubic
meter, 1

- hour average in populated areas. (See “Notification Levels”)” this

statement is clear that the modeling is based on 65 **μ** g/m 3 and not 35 **μ** g/m 3 as stated othe r places.

Response: Noted. The reference to 65 **μ** g/m3 has been changed to reflect 35

**μ** g/m3 for the paragraph on the red zone distance. DEC Air Quality staff provided additional clarification on this issue (see ADEC comments in this section, specificall y the response to paragraph B.1.)

10. Page 21

– Figure 1

- This figure is based on 65 **μ** g/m 3 and not 35 **μ** g/m 3 and requires updating

- further it does not consider oil type or burn size.

Response: Noted. DEC Air Quality staff provided additional clarifi cation on this
issue (see ADEC comments in this section, specifically the response to paragraph B.1.)

11. Page 23

– Figure 2

- This figure is based on 65 **μ** g/m 3 and not 35 **μ** g/m 3 and requires updating

- it does not consider oil type or burn size. In fact t he key at
the bottom shows this.

Response: Noted. DEC Air Quality staff provided additional clarification on this
issue (see ADEC comments in this section, specifically the response to paragraph B.1.)

12. Page 25

- Figure 3

– as above

Response: Note d. DEC Air Quality staff provided additional clarification on this
issue (see ADEC comments in this section, specifically the response to paragraph B.1.)

13. Page 27

- Figure 4

- as above

Response: Noted. DEC Air Quality staff provided additional cla rification on this
issue (see ADEC comments in this section, specifically the response to paragraph B.1.)

14. Page 29

- this page is full of conflicting information

– although it states the 35 μg/m3 guideline

- it goes on to talk about the 65 μg/m3. Which is being used and why?Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 27 of 33 Response: Noted. The last paragraph on page 29 has been changed to reflect the

35 **μ** g/m3 standard. DEC Air Quality staff provided additional clarification
on this iss ue (see ADEC comments in this section, specifically the response to paragraph B.1.)

15. Page 30

- Table 5

– this table contains obvious errors. The downwind
distances for burning are the same for 2,500 Sq. Ft., 5,000 Sq. Ft. and 10,000 Sq. Ft. burns. The ratio of emissions for these should be about 1, 4, and 16 respectively. The distances should definitely increase with burn area and appears to be an obvious mistake. Further, the error is not on the side of
caution.

Response: DEC Air Quality staff revie wed the information in Table 5 and
found the information to be consistent with the findings of the previous review which was performed to look at how the smaller, PM2.5 size particles would be dispersed. The latest review was performed to assess a change in the level of the standard and not the size of the particle PM10. For this reason the department felt that the downwind concentrations would be more a function of plume rise with the larger , hotter burns actually sending fine particulate (PM2.5) higher into the atmosphere. This action will tend to cause the particulates to remain aloft longer and disperse further downwind of the ignition point. While a modeled smoke plume will see a slightly larger PM2.5 isopleths aloft based on the new standard bein g set at 35ug/m3, the ground level concentrations should remain pretty much unchanged and below the current standard. Note: Because there are very few models which assess smoke dispersion from the burning of oil on water and fewer data sets evaluating t he actual impact from a burn, the Department has placed a higher emphasis on collecting fine particulate (smoke) monitoring data during any future burns. At the same time, data collection has been made easier with the development of new portable fine part iculate samplers which can operate on DC power. If monitoring data indicates that these models are not performing adequately, the use of these models may be suspended until further evaluations can be performed.

Reference the table provided showing the safe level (calculated 35 μg/m3) based on actual burns. This table will be in the new ASTM guidelines. Also reference the graph provided for safe distance prediction.

Response: Recommendation s to use empirically

- based data (to include the proposed figu re and table) will be considered for the next planned revision to the document. Based on the current timeline for adopting the ISB guidelines into the Air Quality regulations, resources (time and personnel) are not available to conduct a thorough review o f the data.

16. Page 30

- the bottom paragraph “Thus, at a point in Kenai where the smoke’s
PM2.5 concentration equals 65 micrograms per cubic meter, the plume’s shortStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 28 of 33 duration there brings the 1

- hour average exposure well below 65 micrograms per cubic meter” is clearly outdated.

Response: The Department concurs. The text should have indicated the level

of the standard is set at 35 **μ** g/m 3 and not 65 **μ** g/m 3 . This was a proof reading oversight and has been corrected.

17. Page 34

- Table 6

– this table needs updating for the 35 μg/m3 and 65 μg/m3 change.

Response: The Department concurs. This change has been incorporated.

18. Page 57

– graph again is based on old, incorrect modeling.

Response: Noted. DEC Air Quality staff provided additional cl arification on this
issue (see ADEC comments in this section, specifically the response to paragraph B.1.)

C. U.S. Department of the Interior (DOI)

1. Inconsistencies in explaining the process for authorizing an ISB and
conditions for authorization.

Respon se: The Department d o es not concur. T his statement provides the basic justification for employing ISB . While an ISB operation will result in air pollution

, i t may be a necessary tactic to supplement mechanical recovery
methods in an overall effort to mi tigat e the effects of an oil spill.

2. Inconsistencies in requirements for visual monitoring and monitoring via the use of SMART protocols.

Response: The Department d o es not concur. As written, the guidelines are intended to provide flexibility to the Sta te and Federal On

- Scene Coordinators to manage this process of an ISB operation. V isual monitoring may not be practicable during night operations and limited visibility conditions (e.g., during the predominant winter months in the A rctic and elsewhere in Alaska).

I nclement weather may also preclude visual monitoring

.

3. Inconsistencies in requirement to collect burn residue

.

Response: The Department d o es not concur. Again, the guidelines are intended to provide flexibility to the State and Federal On

- Sc ene Coordinators to accomplish this task. The recommendation to make this a mandatory task under all conditions is not practicable, especially under broken ice conditions.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 29 of 33 4. Lack of requirement for conducting a trial burn to verify predicted plume project ion and dispersion operations.

Response: The Department d o es not concur. Again, the guidelines are intended to provide flexibility to the State and Federal On

- Scene Coordinators

to manage an ISB operation. The recommendation to make this a mandatory

re quirement under all conditions is not practicable, especially under broken
ice conditions or if the spill response involves less than multiple burns ( i.e.

, the initial burn serves as the trial burn ).

5. Inadequate information demonstrating that the revised I SB Guidelines (1) are based on the best available scientific knowledge on smoke plume trajectory modeling, and (2) are in regulatory compliance with the latest Clean Air Act and Alaska State Air Regulations, and that safe distances required to protect
huma n health are in conformance with the 2006 National Ambient Air Quality Standards (NAAQS).

Response: The Department d o es not concur. DEC Air Quality staff provided additional clarification on this issue (see ADEC comments in the previous
section of this document). A dditional text requiring air monitoring (for burns that may impact populated areas) was added to the ISB Guidelines to provide another measure to ensure public health and safety.

6. Insufficient information included in notification/warning lev els for the public

.

Response: The Department does not concur. Again, the guidelines are intended to provide flexibility to the State and Federal On

- Scene Coordinators to accomplish this task. Redundancy has been built into the guidelines as a
reminder to the on

- scene coordinators to account for public notification and warning. The FOSC/SOSC Review Checklist (Appendix 2) specifically includes a section on “Notifications and Warnings,” and the Sample Unified Command Decision Document (Appendix 3) also ad dresses this specific

concern.

7. Inaccurate statements regarding environmental trade

- offs.

Response: Recommendations #2 and #3 were previously addressed and partially adopted in the March 2008 version of the guidelines.

8. Conclusion that an ISB will be conducted even if “environmental and other considerations” are not adequately addressed.

Response: The Department d o es not concur. The FOSC and SOSC have
statutory and regulatory authorizations to direct all response activities to an oil spill and at cr itical time s may need to make timely decisions without havingStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 30 of 33 all available information. Use of ISB during emergency response to uncontrolled oil spills is often time sensitive depending upon “windows of opportunity”

. Emergency response by nature is a mi tigation of a situation that is creating a multitude of damages and threats to the public and the
environment

. Delaying a decision during emergency response operations until
all of the “ p otentially a ffected” parties a re consulted may prevent effective
inc ident mitigation and allow the oil spill incident to escalate to unacceptable
levels

.

9. Statement that the DOI and DOC ARRT representatives will be consulted, only “when practicable” when an in

- situ burn is being considered.

Response: This recommendatio n was previously addressed and incorporated in the March 2008 version of the guidelines. The statement now reads “Consultation as per the NCP” which clearly addresses this requirement.Standard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
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- 08 31 of 33 D. Oral Testimony (Dana Olson) : C omments specific to the ISB Guid elines.

1. Transcript, Page 10, line 11. “ This is a problem because, in Alaska, the Situ burning is basically a document for the lower 48. Because, it fails to consider
that Alaska has darkness. ”

Response: The ISB Guidelines is not a lower 48 document, and was created in Alaska by a group consisting of federal, sta te, industry, regional citizens’ advisory councils, and other entities. These work group members are well aware of the unique situations in Alaska (extended periods of darkness during
the wint er, extreme cold, tidal fluctuations, spill response during broken ice conditions, etc.)

2. Transcript. Page 14, lines 3

- 10. “ These people have a right to address this, not DEC. And, by going in and rationalizing Sitsu Burning Guidelines for Alaska. Now, one of the things that I find is that it presumes that there is unlikeliness of forest fires. And, having addressed Miller's Reach, and having been impacted, this burn

-- feasibility from burning, really does not address how the disabled get in and out of one of these forest fires.

Response: The ISB Guidelines do not presume that there is an unlikely potential for forest fires. There are several inherent safety mechanisms built into the guidelines, including consultation with federal, state, and local agencies with regard to ensuring public health and safety prior to and during any approved ISB operation.

3. Transcript, Page 14 (lines 24

- 25) and Page 15 (lines 1

- 7). “ It's inadequate
because it does not address how

– - it has no capacity to address how t he disabled and the elderly basically are able to escape these disasters, whether it be air emission from some release, whether it be a railroad that might go to an oil facility and have a release of some chemical. The safety plan is just not adequate. I t's not adequate in the whole nation. So it certainly can't be adequate and infer that a Burn Plan is going to have presumption. I'm rebutting the operational criteria. ”

Response: The established warning and notification system in the ISB guidelines ac count for notifying all people that may be impacted by an in situ burn operation. Table 7 on page 35 of the guidelines addresses cautionary statements for the elderly and those with physical ailments. If there is a danger of impacting the population, or the populated area cannot be effectively evacuated, the decision to burn will not be made.

4. Transcript, Page 15, lines 17

- 21. “ Safe distance is inapplicable Standard because it depends what is growing on the fuel source. So, in order to have aStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
8

- 15

- 08 32 of 33 fire we need combustion. And we need air. And we need fuel. And we need oxygen. Obviously, this safe burning distance is not an applicable Standard. ”

Response: The safe distances noted in the ISB Guidelines are scientifically based on the potential exposure of people downwind of the burn to particulate matter generated by the burn. Additional safety measures are definitely considered throughout the decision

- making process by the unified command
established for the incident

.

5. Transcript, Page 16, Lines 4

- 9 and Lines 15

- 21. “ On page 55, it talks about review of consultants and request for authorization. I don't know who NCP is.
I don't know DOI

- ARRT representative. I don't know these things. But, I do understand that there is no transportation whatsoev er

-- that the Mat

- Su Bowl has now asked for five commuter vans in the Valley.”

Response: The NCP is the National Oil and Hazardous Substances Pollution Contingency Plan. For any In Situ Burn operation (as part of an oil spill response), it directs tha t approval is required from the State and EPA, and the U.S. Department of the Interior and the U.S. Department of Commerce must be consulted, as practicable. Public evacuation during an in situ burn operation will be closely coordinated. The burn will no t occur unless everyone has been safely removed from the potential hazard zone.

6. Transcript, Page 17, Lines 2

- 9. “ There's no housing in Knik, in case your house burns down. There's no housing to live in Knik. There's nothing. No coordination, nothing. And I suspect that in most Indian villages, there are’nt. So in other words, if people get burned out, they're out of luck. There isn’t any housing for them to go to. So, that needs to be in there. It says for a burn that may affect, threaten, or enda nger species and their critical habitat.”

Response: In the event there is property lost during an in situ burn operation, the responsible party (i.e., the party responsible for the oil spill) will establish procedures to settle all claims for property da mage or loss. In all likelihood, if there is a potential for an in situ burn operation to cause loss of property or homes, the burn will not be approved.

7. Transcript, Page 17, Lines 17

- 21. “ Now, I want to bring up the issue of collecting residue, which is one of DEC's Burn Plan requirements. This is

non

- enforceable. It's a premise out there

-- it's kind of a wild wish. Because,
in Miller's Reach there

-- all the log notes got burned up. ”

Response: Residue collection related to an in situ burn is d irected at collecting any burned oil residue that may remain in the water column or elsewhere. The primary purpose is to remove any potentially harmful residue
from the environment. This element of residue collection is not related toStandard Conditions and In Situ Burning Guidelines Rulemaking Re sponse to Comments
8

- 15

- 08 33 of 33 wildland fires, but specific to an in situ burn during an oil spill response operation.

8. Transcript, Page 19, Lines 8

- 10. “ I opposed the Sitsu Burning Guidelines on the basis of, the Coast Guard is maritime. The Alaska Department of
Environmental Consideration is landlo cked, primarily. ”

Response: The Alaska Department of Environmental Conservation is not landlocked. The ADEC’s area of jurisdiction extends to a point 3 miles offshore of any landmass in Alaska. The in situ burn guidelines also have applicability to inl and burns, and are not strictly for marine oil spills.

9. Transcript, Page 22, Lines 13

- 21. “It presumes everybody's urban. This is
what I said

-- this book, Sitsu Burning Guidelines for Alaska

Response: The in situ burn guidelines were developed for use throughout the state, and not just for urban areas. The guidelines are applicable for inland spills, as well as spills in remote areas of the state. Climate d ifferences (including temperature inversions, wind speed and direction) and weather patterns are also addressed prior to any in situ burn operation taking place. , is written as if Alaska was one big urban community and all one big city. There are differences between Chickaloon and there are differences between Knik. There are differences between the North Slope and the climate, and the response time, and the zoning. These are all different and the general guideline for permit standards is not adequate for the Sitsu Burning
Guidelines for Alaska. ”

10. Transcript, Page 24, Lines 19

- 24. “ National Ambient Air Quality Stan dards. So, I'm trying to stay to the Sitsu Burning Guide. Consideration of the lubing (ph) source. There again, page 30 of the Sitsu Burning Guide does not consider the effect of the upper atmospheric climatic things, because NOAA
has not even assessed this. There's no NOAA stamp here on this guideline. ”

Response: A NOAA staff member has been an integral part of the work group developing these guidelines. As mentioned earlier, the U.S. Department of Commerce (which NOAA is a part of) is one of two f ederal agencies that must be consulted with prior to commencing with an in situ burn operation during an oil spill response.

### Additional Information :

Standard Conditions Rulemaking, 20 08 ; Title V and Title I Reg Project
Documentation and Rationale

Performance Audits for COMS ; Adopted by Reference in 18 AAC
50.030 ; April 1, 2002 ; Revised August 20, 2008

Standard Permit Condition III

– Excess Emissions and Permit
D eviation Reports Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC 50.346 ; August 25, 2004 ; Revised August 20,
2008

Standard Permit Condi tion IV

– Notification Form Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC 50.346 ; April 1, 2002 ; Revised August 20
, 2008

Standard Operating Permit Condition VII

– Operating Reports Permit Condition for Air Quality Permits ; Adopted by Referenc e in 18 AAC
50.346 ; August 25, 2004 ; Revised August 20, 2008

Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fir ed Emission Units Permit Condition for Air Quality Permits ; Adopted by Reference in 18
AAC 50.346 ; August 25, 2004 ; Revised August 20, 2008

Standard Operating Permit Condition XIII

– Coal Fired Boilers Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC
50.346 ; April 1, 2002 ; Revised August 20, 2008

Standard Operating Permit Condition XIV

– Document Submittals and Electronic Copies Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC 50.346 ; August 20
, 2008

In Situ Burning Guidelines for Alaska ; Revision 1 ; August 2008G:\AQ\General\PROGDEV\REGS\Standard Conditions Dock et 2007-2008\Reg.Proj.Std Cond.Rationale .4-15-08.doc
4-15-08 1 of 3 

## Standard Conditions Rulemaking, 2008 Title V and Title I Reg Project Documentation and Rationale

1. Update to 18 AAC 50.030(9) The subsection is being revised to update the adoption by reference date of the Performance Audits for COMS (Continuous Opacity Monitoring Systems)
document.

2. Update to 18 AAC 50.035(a)(1)
The In Situ Burning Guidelines for Alaska document has been revised through a joint effort of the Division of Spill Pr evention and Response and the Air Quality Division. The proposed change s are being public noticed as part of this regulation package to provide opportunity for the pub lic to comment on them. Additionally, paragraph 18 AAC 50.035(a)(1) is bei ng revised to update the adoption by reference date of the department’s revised In Situ Burning Guidelines for Alaska
document.

3. Update to 18 AAC 50.345. Construction a nd operating permits: standard permit
conditions. The language of this section is being revised to include the ability to use standard conditions in minor permits. When the 18 AAC 50.345 regulations were originally adopted, the Minor Permit Program had not been developed and therefore was not included as a program that could use standard conditions in permits. This change will address inclusi on of Minor Permits in the list of permits
which can include standard conditions.

4. Update to Standard Condition III – Ex cess Emissions and Permit Deviations This condition is being updated to revise a Departmental e-mail address used
in electronic submission of the form. The change is needed due to recent upgrades in Departmental IT support and does not affect any of the requirements or standards
of the condition.

5. Update to Standard Conditi on IV – Notification Form This standard permit condition is being updated to move the checkbox of “Failure to monitor/report” from the Excess Emissions section to the Permit Deviations section, because it is a better fit under the Permit Deviations section. 18 AAC 50.990(34) defines “excess emissions” as “emissions of an air pollutant in excess of any applicable emissions st andard or limitation. “Failure to monitor/report” is not necessarily relate d with emissions of an air pollutant.

6. Update to Standard Condition VII – Operating Reports This condition is being updated to a ddress the confusion which occurs concerning permit reporting requirements that span either side of a permit renewal date. The revised condition will ensure complete reporting obligations for the entire range of reportable dates that continue over permit renewal transition periods. The change was required due to the fact that the required submittalG:\AQ\General\PROGDEV\REGS\Standard Conditions Dock et 2007-2008\Reg.Proj.Std Cond.Rationale .4-15-08.doc
4-15-08 2 of 3 periods for permit renewals may result in time gaps between permit expiration and renewal permit issuance. Clarification wa s needed to ensure that Permittees are providing complete reporti ng coverage for the entire duration of the reporting period when one permit may lapse and doe s not terminate on the end date of reporting for that permit, and another perm it may become effective for only a short period within the reporting period. Al so a change was made to allow for submission of one electronic copy (PDF or other format) of the report.

7. Update to Standard Condition IX – Vi sible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission Units This condition is being updated to correct a typographical error and to update a previously existing regulation in the St ate Implementation Plan (SIP) that has become superseded by EPA’s approval of th e Department’s revised SIP regulation. It was also updated to require the reco rding of sun location when using Method 9 during field opacity observations.

8. Update to Standard Condition XIII – Coal Fired Boilers
This standard condition is being updated in two ways:

a) to remove the phrase “before 80 percent of the allowable operating hours before the next test have elap sed” because the requirement is in conflict with the requirements under section 2.1(b)(iii). The schedule for source testing is specified in 18 AAC 50.345(m) and has been further clarified in Condition 2.1(b)(iii) of this standard condition. The requirement “before 80 percent of the allowable operating hours before the next test have elapsed” could requir e the Permittee to conduct a source test nearly a year before the test is due; and

b) to add a note to Section 3.1(a)(i ii) of this standard condition to clarify that the equation requires the calculations to be based on a three hour average of emissions.

9. Update to Performance Audits for COMS , adopted by reference in 18 AAC 50.030(9) The document was updated to add the fa ilure criteria for the zero alignment
check.

The condition lacked a failure requirem ent. Air Quality permits require the Permittee to perform the zero alignment ch eck but did not specify what the passing grade was or what to do if the unit did not pass the check.

10. New Standard Permit Condition XIV – Document Submittals and Electronic Copies
This new standard condition directs Pe rmittees to send copies of required reports directly to EPA, and allows Permittees to send EPA various forms and reports in electronic form (common use programs such as Microsoft Word® *.docG:\AQ\General\PROGDEV\REGS\Standard Conditions Dock et 2007-2008\Reg.Proj.Std Cond.Rationale .4-15-08.doc
4-15-08 3 of 3 or Adobe Acrobat® *.pdf) rather than in hard copy form, which would then have to be changed to electronic form for stor age and distribution. Formerly, the Department would distribute the copies to EPA. This change eases the distribution and storage burden on the Department and EPA.

11. Update to 18 AAC 50.544. Minor permits: content. The language of this section is being revised to include the ability to use standard conditions in minor permits. When the 18 AAC 50.345 regulations were originally written, the Minor Permit Program had not been developed and therefore was not included as a program that could us e standard conditions in permits. This change will address inclus ion of Minor Permits in th e list of permits which can
include standard conditions.

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

Performance Audits for COMS

Adopted by Reference in 18 AAC 50.030

April 1, 2002

Revised August 20, 2008Performance Audits for COMS April 1, 2002 Revised August 20, 2008 1 

### Alaska Department of En vironmental Conservation
Performance Audi ts for COMS

Performance audits. The following elements shall be included in performance audits for Continuous Opacity Mon itoring Systems (COMS), unless the department gi ves written approval for unit-specific audit procedures.

1 Optical Alignment Assessment. The status of the optical alignment of the monitor components shall be checked and recorded according to the proced ures specified by the monitor manufacturer. Realign as necessary.

2 Zero and Upscale Response Assessment. The zero and upscale response errors shall be determined and recorded according to the calibra tion drift procedures of 8.1(4)(i) and (ii) in 40 C.F.R. 60, Appendix B, Pe rformance Specification 1 (PS-1), adopted by reference in 18 AAC 50.040(a). The error is defined as th e difference (in % opacity) between the correct
value and the observed valu e for the zero and high-le vel calibration checks.

3 Zero Compensation Assessment. The value of the zero compen sation applied at the time of the audit shall be calculated as equivalent op acity, corrected to stack exit conditions as necessary, according to the procedures specified by the manufacturer. Re cord the compensation applied to the effluent reco rded by the monitor system.

4 Calibration Error Check. Conduct a three-point calibration error test using three calibration attenuators that produc e outlet pathlength corrected, singl e-pass opacity values shown in ASTM D 6216-98, section 7.5, adopted by referen ce in 18 AAC 50.035(c). If the applicable limit is less than 10 percent opacity, use at tenuators as describe d in ASTM D 6216-98, section 7.5 for applicable standards of 10 to 19 percent opacity. Confirm the external audit device produces the proper zero value on the CO MS data recorder. Separately, insert each calibration attenuator (low, mi d, and high-level) into the ex ternal audit device. While inserting each attenuator, (1) ensure that the entire light beam passes through the attenuator; (2) minimize interference from reflected light; and (3) leave the attenu ator in place for at least two times the shortest recording interval on the COMS data reco rder. Make a total of five nonconsecutive readings fo r each attenuator. At the end of the te st, correlate each
attenuator insertion to the co rresponding value from the data recorder. Subtract the singlepass calibration attenuator values corrected to the stack exit conditions from the COMS responses. Calculate the arithmetic mean diff erence, standard deviation, and confidence
coefficient of the five measurements valu e using equations 1-3, 1-4, and 1-5 of PS-1.
Calculate the calibration error as the sum of the absolute value of the mean difference and the 95 percent confidence coefficient for each of the th ree test attenuators using equation 1- 6 of PS-1. Report the calibration error test resu lts for each of th e three attenuators.Performance Audits for COMS April 1, 2002 Revised August 20, 2008 2 5 Zero Alignment Assessment. Compare the COMS simulated zero to the actual clear path zero of the installation. The assessment may be c onducted in conjunction wi th, but prior to, other performance audit elements.

A. Primary Zero A lignment Method. The primary zero alignmen t shall be performed under clear path conditions. This may be accomplished if the proc ess is not operating and the monitor pathlength is free of particulate ma tter or the monitor may be removed from its installation and set up under clear path conditi ons. The absence of particulate matter shall be demonstrated prior to conduc ting the test at the installed site. No adjustment to the
monitor is allowed other than the establishment of the proper monitor pathlength and correct optical alignment of the monitor components. Record the monitor resp onse to a clear path
condition and to the mon itor's simulated zero condition as pe rcent opacity corrected to stack exit conditions as necessary. Fo r monitors with automatic zero compensation, disconnect or disable the zero compensation mechanism or r ecord the amount of corr ection applied to the monitor's simulated zero condition. The response difference in percent opacity to the clear path and simulated ze ro conditions shall be reco rded as the zero alignm ent error. Adjust the
monitor's simulated zero device to provide the same response as the cl ear path condition. Restore the COMS to its operating mode.

B. Alternate Zero Alignment Method. Monitors capable of allo wing the installation of an external, removable zero-jig ma y use the equipment for an alternative zero alignment provided that the zero-jig settin g is established for the monito r pathlength and recorded for the specific COMS by comparison of the COMS responses to the installed zero-jig and to the clear path condition. The zero-jig is shown to be capable of produc ing a consistent zero response when it is repe atedly (i.e., three consecutive in stallations and removals prior to conducting the final zero alig nment check) installed on th e COMS. The zero-jig setting shall be permanently set at the time of the initi al COMS zeroing to the clear path zero value and protected when not in use to ensure that the setting equivale nt to zero opacity does not change. The zero- jig setting shall be chec ked and recorded prior to initiating the zero alignment. Emission unit owners and operat ors that employ a zero-jig shall perform a primary zero alignment audit once every three years.

C. Failure Criteria for Zero Alignment. The zero alignment is acceptable if the error at the simulated zero check is less or equal than 2% opacity prior to adjustment (i.e. if the zero alignment error is 0% the analyzer does no t need servicing solely based on this test).

## DEPARTMENT OF ENVIRONMENTAL CONSERVATION



# Standard Permit Condition III – Excess Emissions and Permit Deviation Reports

Permit Condition for Air Quality Permits

Adopted by Reference in 18 AAC 50.346

August 25, 2004

Revised August 20, 2008Standard Permit Condition III – Excess Emissions and Permit Deviation Reports August 25, 2004 Revised August 20, 2008 2 

## Standard Permit Condition III – Excess Emissions and Permit Deviation Reports

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

The department will use standard permit condition III in each construction or operating permit unless the department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Permit Wording:

1. Excess Emissions and Permit Deviation Reports.

1.1 Except as provided in condition < insert standard condition concerning air pollution prohibited number >, the permittee shall report all emissions or operations that exceed or deviate from the requirements of this permit as
follows:

a. in accordance with 18 AAC 50.240(c), as soon as possible after the event commences or is discovered, report

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

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

b. in accordance with 18 AAC 50.235(a), within two working days after
the event commenced or was di scovered, report an unavoidable emergency, malfunction, or nonroutine re pair that causes emissions in excess of a technology based emission standard;

c. report all other excess emissi ons and permit deviations

(i) within 30 days of the end of the month in which the emissions or deviation occurs, except as provi ded in conditions III.1.1c(ii) and III.1.1c(iii);

(ii) if a continuous or recurring ex cess emissions is not corrected within 48 hours of discovery, w ithin 72 hours of discovery unless the department provides writt en permission to report under condition III.1.1c(i); and

(iii) for failure to monitor, as required in other applicable conditions of this permit.Standard Permit Condition III – Excess Emissions and Permit Deviation Reports August 25, 2004 Revised August 20, 2008 3 1.2 When reporting excess emissions, the pe rmittee must report using either the department’s on-line form, which can be found at http://www.dec.state.ak.us/air/ap/site.htm or https://myalaska.state.ak.us/deca/air/airtoolsweb/ , or, if the permittee prefers,
the form contained in condition < insert standard permit condition concerning notification form number > of this permit. The permittee must provide all information called for by the form that is used.

1.3 When reporting a permit deviation, the permittee must report using the form
contained in condition < insert standard perm it condition concerning notification form number > of this permit. The permittee must provide all information called for by the form.

1.4 If requested by the department, the pe rmittee shall provide a more detailed written report as requested to fo llow up on an excess emissions report.

The following applies to this standard permit condition:

1. The permit will include condition III.1.1c(iii) only if the permit also contains
another condition which has an emission unit specific schedule for reporting the
failure to monitor emissions.

2. Construction permits will not include the phrase “and permit deviations” in condition III.1.1c, but where necessary will use stationary source specific conditions for reporting failure to test or monitor.Standard Permit Condition III – Excess Emissions and Permit Deviation Reports August 25, 2004 Revised August 20, 2008 4 STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The state and federal regulations for each Condition are cited in Operating Permit
No. < Insert Operating Permit Number >.

Condition < insert condition reference >, Excess Emission a nd Permit Deviation Reports

Applicability: Applies when the emissions or operations deviate from the requirements of the permit.

Factual Basis: This condition satisfies two stat e regulations related to excess emissions - the technology-based emissi on standard regulation and the excess emission regulation. Although there are some differences between the regulations, the condition satisfies the requirements of each regulation.

In accordance with 40 CFR 71.6(a)(3)(iii)(C), a deviation is not al ways a violation. For a situation lasting more than 24 hours, which constitutes a deviation, each 24- hour period is considered a separate deviat ion. “Deviation” as defined in 40 CFR 71 means both “excess emission” and “permit deviation” as used in this permit, which
includes:

1. a situation where emissions exceed an emission limitation or standard;

2. a situation where process or emissi ons control device parameter values
indicate that an emission limitati on or standard has not been met;

3. a situation in which observations or data collected demonstrate noncompliance with an emission limitati on or standard or any work practice or operating condition required by the permit (including indicators of compliance revealed through parameter monitoring);

4. a situation in which any testing, mo nitoring, recordkeeping or reporting required by this permit is not perfor med or not performed as required;

5. a situation in which an exceedance or an excursion, as defined in 40 CFR Part 64, occurs; and,

6. failure to comply with a permit term that requires submittal of a report.

In accordance with 18 AAC 50.990(34) “excess emissions” means “emissions of an air pollutant in excess of any applicable emission standard or limitation”, which is the
situation described in item 1 above definitio ns 40 CFR 71. These definitions shall be considered in determining an “excess emissions” or “permit deviation” when reporting an occurrence using th e ADEC notification form.

The reports themselves and the other m onitoring records required under this permit provide monitoring of whether the Permitt ee has complied with the condition. Please note that there may be additional federally required excess emission reporting requirements.

<Insert section cross refere nce>, Notification FormStandard Permit Condition III – Excess Emissions and Permit Deviation Reports August 25, 2004 Revised August 20, 2008 5 The department modified the notificati on form, deviating from standard permit condition IV, to more adequately meet th e requirements of Chapter 50, Air Quality
Control. The modification consisted of updating the current Department e-mail address in the report form used for submissi on of this form due to recent changes at the Department.

# DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Standard Permit Condition IV – Notification Form

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

April 1, 2002

Revised August 20. 2008Standard Permit Condition IV – Notification Form April 1, 2002 Revised August 20, 2008 2 

## ADEC Notification Form
Excess Emissions and Permit Deviation Reporting State of Alaska Department of Environmental Conservation Division of Air Quality

______________________________________________________ ________________________ Stationary Source (Facility) Name Air Quality Permit Number

_____________________________________________ Company Name

When did you discover the Excess Em issions/Permit Deviation?
Date: / / Time: :
When did the event/deviation? Begin: Date: / / Time: : (please use 24hr clock) End: Date: / / Time: : (please use 24hr clock)

What was the duration of the event/deviation: : (hrs:min) or days (total # of hrs, min, or days, if intermittent then include only the duration of the actual emissions/deviation)

Reason for notification: (please check only 1 box and go to the corresponding section) Excess Emissions Complete Section 1 and Certify Deviation from Permit Conditions Complete Section 2 and Certify Deviation from COBC, CO, or Settlement Ag reement Complete Section 2 and Certify



### Section 1 . Excess Emissions (a) Was the exceedance Intermittent or Continuous

(b) Cause of Event (Check one that applies) : Start Up/Shut Down Natural Cause (weather/earthquake/flood) Control Equipment Failure Scheduled Maintenance/Equipment Adjustments Bad fuel/coal/gas Upset Condition Other

(c) Description 

### Describe briefly what happene d and the cause. Include the parameters/operating conditions excee ded, limits, monitoring data and
exceedance.

(d) Emission Units Involved: Identify the emission units source involved in the event, using the same identification number and name as in the permit . Identify each emission standard po tentially exceeded during the event
and the exceedance.

Unit ID Emission Unit Name Permit Condition Exceeded/Limit/Potential
ExceedanceStandard Permit Condition IV – Notification Form April 1, 2002 Revised August 20, 2008 3 (e) Type of Incident (p lease check only one): Opacity % Venting (gas/scf) Control Equipment Down Fugitive Emissions Emission Limit Exceeded Record Keeping Failure Marine Vessel Opacity Flaring Other:

(f) Unavoidable Emissions: Do you intend to assert that these excess emissions were unavoidable? YES NO Do you intend to assert the affi rmative defense of 18 AAC 50.235? YES NO

Certify Report (go to end of form )Standard Permit Condition IV – Notification Form April 1, 2002 Revised August 20, 2008 4 

### Section 2 . Permit Deviations (a) Permit Deviation Type (check one only) (check boxes correspond with sections in permit) Source Specific Failure to monitor/report General Source Test/Monitoring Requirements Recordkeeping/Reporting/Com pliance Certification
Standard Conditions Not Included in Permit Generally Applicable Requirements Reporting/Monitoring for Diesel Engines Insignificant Source Facility Wide Other Section: (title of s ection and section # of your permit)

(b) Emission Units Involved: Identify the source involved in the event, using the same identification number and name as in the permit . List the corresponding Permit condition and the deviation.

Unit ID Emission Unit Name Permit Condition /Pot ential Deviation

(c) Description of Potential Deviation: 

### Describe briefly what happene d and the cause. Include the parameters/operating conditions and the potential deviation.

(d) Corrective Actions:
Describe actions taken to correct the deviation or potential de viation and to prevent future

recurrence.

Certification:
Based on information and belief formed af ter reasonable inquiry, I certify that the
statements and information in and attached to this document are true, accurate, and complete.

Printed Name:______________________________Title_____________________Date ______

Signature:_________________________________ Phone number_______________________Standard Permit Condition IV – Notification Form April 1, 2002 Revised August 20, 2008 5 

### NOTE: This document must be certified in accordance with 18 AAC 50.345(j)



### To Submit this report :

1. Fax this form to: 907-451-2187

Or

2. E-mail to: DEC.AQ.airreports@alaska.gov if faxed or e-mailed,
Or

3. Mail to: ADEC Air Permits Program 610 University Avenue Fairbanks, AK 99709-3643

Or

4. Phone notifications: 907-451-5173

. Phone notifications require written follow up report

.

Or

5. Submission of information contained in th is report can be made electronically at the following website:

https://myalaska.state.ak.us/deca/air/airtoolsweb/

if submitted online, report must be submitte d by an authorized E-Signer for the Stationary
Source.

## DEPARTMENT OF ENVIRONMENTAL CONSERVATION



# Standard Operating Permit Condition VII – Operating Reports

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

August 25, 2004

Revised August 20, 2008Standard Operating Permit Condition VII – Operating Reports August 25, 2004 Revised August 20. 2008 2 

### Standard Operating Permit Condi tion VII – Operating Reports

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

The department will use standard permit c ondition VII in any operating permit unless the department determines that emi ssion unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Circumstances where emission unit or stationary source specific conditions more adequately meet 18 AAC 50 include:
1. reports are needed more frequently than twice a year;
2. activity of the emission unit is seasonal, and differe nt semi-annual periods better fit the facility’s operation.

Permit Wording:

1. Operating Reports. During the life of this permit 1 , the permittee shall submit an original and two copies of an operating report by August 1 for the period January 1 to June 30 of the current year and by February 1 for the period July 1 to December 31 of the previous year.

1.1 The operating report must include all in formation required to be in operating reports by other conditions of this permit. The Permittee may, upon consultation with the Compliance Technician regarding software compatibility, provide electronic copies of data reports, emission source test reports, or other records under a cove r letter certified in accordance with Departmental submission requirements.

1.2 If excess emissions or permit deviati ons that occurred during the reporting period are not reported unde r condition VII.1.1, either

a. the permittee shall identify

(i) the date of the deviation; (ii) the equipment involved; (iii) the permit condition affected; (iv) a description of the excess emi ssions or permit deviation; and (v) any corrective action or preventive measures taken and the date or dates of such actions; or

1 “Life of this permit” is defined as the permit effective dates, including any periods of reporting

obligations that extend beyond the permit effective dates. For example if a permit expires prior to the end of a calendar year, there is still a reporting oblig ation to provide operating reports for the periods when the permit was in effect.Standard Operating Permit Condition VII – Operating Reports August 25, 2004 Revised August 20. 2008 3 b. when excess emissions or permit devi ations have already been reported
under condition < insert standard permit condition concerning excess emissions and permit de viation reports number >, the permittee shall cite the date or dates of those reports.

1.3 The operating report must include a listing of emissions monitored under condition(s) < insert applicable condition num ber(s) from this permit > which trigger additional testing or monito ring, whether or not the emissions monitored exceed an emission standard. The permittee shall include in the
report

a. the date of the emissions;

b. the equipment involved;

c. the permit condition affected; and

d. the monitoring result which triggered the additional monitoring.

1.4 Transition from expired to renewed perm it. For the first period of this renewed operating permit, also provide the previous permit’s facility operating report elements covering that partial period immediately preceding the effective date of this renewed permit.

The following applies to this standard permit condition :

1. The permit will include condition VII.1.3 only if there are monitoring requirements that could trigger additiona l monitoring or testing.Standard Operating Permit Condition VII – Operating Reports August 25, 2004 Revised August 20. 2008 4 STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The state and federal regulations for each Condition are cited in Operating Permit
No. < Insert Operating Permit Number >.

Condition <insert Condition reference> , Operating Reports

Applicability: Applies to all permits.

Factual Basis: The condition restates the requi rements for reports listed in regulation. The condition supplements th e specific reporting requirements elsewhere in the permit. The reports themselves pr ovide monitoring for compliance with this
condition.

A modification of the Standard Perm it Condition VII was added to provide clarification of transition pe riods between an expiring permit and a renewal permit to ensure that the permittee reports against the permit terms and conditions of the permit that was in effect during thos e partial date periods of the transition. No format is specified. The permittee may provide one report accounting for each permit term or condition and the effective permit at that time. Alternativ ely, the permittee may chose to provide two reports – one accounting for reporting elements of permit terms
and conditions from the end date of the previous operating repor t until the date of expiration of the old permit, and a sec ond operating report accounting for reporting
elements of terms and conditions in effect from the effective date of the renewal permit until the end of the reporting period.

This condition was further modified to allow the Permittee to submit one of the required two copies of the re port electronically in lieu of paper. This change more adequately meets the requirements of 18 AAC 50 and agency needs provided the electronic version is compatible with ADE C software, as the department can more efficiently distribute the electronic copy to staff in other locations.

# DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Standard Operating Permit Condition IX – Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission Units

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

August 25, 2004

Revised August 20, 2008Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 2 

## Standard Operating Permit Condit ion IX –Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission
Units

Emission Unit or Stationary Source Categories This Condition Applies to:

**** Conditions IX.1 – IX.4 for visible emissions a pply to liquid-fired emission units subject to the opacity standard of 18 AAC 50.055(a)(1).

**** Conditions IX.5 – IX.8 apply to diesel engi nes and liquid-fired tu rbines subject to 18 AAC 50.055(b)(1).

Standard permit condition IX does not apply to emission units that are insignificant under 18 AAC 50.326(d)-(i), wh ich could include standby emission units.

The department will use Standard Permit C ondition IX in any operating permit unless the department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Circumstances where emission unit or st ationary source specific conditions more adequately meet 18 AAC 50 include:

1. if the department finds that particulate matte r and opacity emissions data available for the emission unit or for the equipment make and mo del is sufficient to demonstrate that there is a different relationship between opacity a nd particulate matter than that used as the basis for standard permit condition IX;
2. emission unit specific conditi ons are requested for conditi ons IX.5 - IX.8 for turbines with very wide stacks;
3. the department determines that a different frequency of visible emissions monitoring is necessary to assure compliance because of the characteristics of the emission unit;
4. the department determines that, to assure that an emission unit complies with the applicable standard, visible emissions monitoring is necessary during a particular phase of operation.

Permit Wording:Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 3 

### Section 1. State Requirements

Visible Emissions Standards

1. Industrial Process and Fuel-Burning Equipment Visible Emissions. The Permittee shall comply with the following:

1.1 Do not cause or allow visible emissions, excluding condensed water vapor, emitted from EU ID(s) < insert EU ID numbers > listed in Table < insert Table of Emission
Unit s designation > to reduce visibility through the e xhaust effluent by more than 20 percent averaged over any six consecutive minutes.

[18 AAC 50.040(j), 12/3/05; 18 AAC 50.326(j), 12/1/04; and 18 AAC 50.055(a)(1), 5/3/02] [40 C.F.R. 71.6(a)(1), 7/1/04]

1.2 For EU ID(s) < insert EU ID numbers >, monitor, record, and report in accordance
with Conditions 3 - 5.

1.3 For EU ID(s) < insert EU ID numbers >, burn only gas as fuel. Monitoring for these emission unit(s) shall consist of a cer tification in each operating report under
Condition < insert Operating Report condition number > that each of these emission unit(s) fired only gas. Report under Condition < refer to excess emission/permit
deviations condition number > if any fuel is bur ned other than gas.

1.4 For EU ID(s) < insert EU ID numbers >, as long as they do not exceed the limits in Condition(s) < insert number(s) of Condition(s) that state EU(s) operating limits >, monitoring shall consist of an annua l compliance certification Condition < refer to Annual Compliance Certification condition number > with the opacity standard.

1.5 For EU ID(s) < insert EU ID numbers >, use only gas as primary fuel. Monitoring for these emission unit(s) shall consist of a certif ication in each operating report required
in Condition < insert Operating Report condition number > that each of these emission unit(s) fired only gas. If operating on a back-up liquid fuel, the Permittee shall monitor, record, and re port according to Condition 15.

1.6 For EU ID(s) < insert EU ID numbers >, monitor, record, and report in accordance
with Condition 6.

[18 AAC 50.040(j), 12/3/05 & 18 AAC 50.326(j) and 18 AAC 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3), 7/1/04]

2. Incinerator Visible Emissions. The Permittee shall comply with the following:

2.1 Do not cause or allow visible emissions, excluding condensed water vapor, through the exhaust of EU ID(s) < insert EU ID numbers >, to reduce visibility by more than 20 percent averaged over any six consecutive minutes.

[18 AAC 50.040(j), 12/3/05 & 18 AAC 50.326(j), 12/1/04; and 18 AAC 50.050(a), 5/03/02] [40 C.F.R. 71.6(a)(1), 7/1/04]Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 4 2.2 (Use Stationary Source-specifi c VE MR&R for incinerators.)

[18 AAC 50.040(j), 12/3/05 & 18 AAC 50.326(j)(4), 10/1/04] [40 C.F.R. 71.6(a)(3) & (c)(6), 7/1/04]
Visible Emissions Monitoring, Recordkeeping, and Reporting

Liquid Fuel-fired Sources (EU IDs <insert EU ID numbers>)

3. Visible Emissions Monitoring. The Permittee shall observe the exhaust of EU ID(s)

< insert EU ID numbers > for visible emissions using either the Method 9 Plan under Condition 3.1or the Smoke/No-Smoke Plan under Condition 3.2. The Permittee may change visible-emissions plans for an emissi on unit at any time unless prohibited from doing so by Condition 3.3.

[18 AAC 50.040(j), 12/3/05, 18 AAC 50.326(j) 12/3/05 and 18 AAC 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3)(i), 7/1/04 ]

3.1 Method 9 Plan. For all 18-minute observations in this plan, observe exhaust, following 40 C.F.R. 60, Appendix A-4, Meth od 9, adopted by reference in 18 AAC 50.040(a), for 18 minutes to obtain 72 cons ecutive 15-second opacity observations.

a. First Method 9 Observation. Except as provided in Condition 3.4, for EU ID(s) < insert EU ID numbers >, observe exhaust for 18 minutes within six
months after the issue date of this permit. For any unit, observe exhaust for 18 minutes within 14 calendar days afte r changing from the Smoke/No-Smoke Plan of Condition 3.2. For any units repl aced during the term of this permit,
observe exhaust for 18 minutes within 30 days of startup.

b. Monthly Method 9 Observations. After the first Method 9 observation, perform 18-minute observations at least once in each ca lendar month that an emission unit operates.

c. Semiannual Method 9 Observations. After observing emissions for three consecutive operating months under Condition 3.1a, unless a six-minute average is greater than 15 percent an d one or more observations are greater than 20 percent, perform 18-minute obs ervations at least semiannually.

Take semiannual observations between four and seven months after the previous set of observations.

d. Annual Method 9 Observations. After at least two semiannual 18-minute observations, unless a six-minute average is greater than 15 percent and one or more individual observations are greate r than 20 percent, perform 18-minute observations at least annually.

Take annual observations between 10 and 13 months after the previous
observations.Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 5 e. Increased Method 9 Frequency. If a six-minute average opacity is observed during the most recent set of observations to be greater than 15 percent and one or more observations are greater than 20 pe rcent, then increase or maintain the 18-minute observation frequency for that emission unit to at least monthly intervals, until the criteria in C ondition 3.1b for semiannual monitoring are

met.

3.2 Smoke/No Smoke Plan. Observe the exhaust for the presence or absence of visible emissions, excluding condensed water vapor.

a. Initial Monitoring Frequency . Observe the exhaust during each calendar day that an emission unit operates.

b. Reduced Monitoring Frequency . After the emission unit has been observed on 30 consecutive operating days, if the em ission unit operated without visible smoke in the exhaust for those 30 days, then observe emissions at least once in every calendar month that an emission unit operates.

c. Smoke Observed . If smoke is observed, either begin the Method 9 Plan of Condition 3.1 or perform the correcti ve action required under Condition 3.3.

3.3 Corrective Actions Based on Sm oke/No Smoke Observations. If visible emissions are present in th e exhaust during an observ ation performed under the Smoke/No Smoke Plan of Condition 3.2, then the Permittee shall either follow the Method 9 plan of Condition 3.1 or

a. initiate actions to eliminate smoke fr om the emission unit within 24 hours of the observation;

b. keep a written record of the star ting date, the completion date, and a description of the actions taken to reduce smoke; and

c. after completing the actions required under Condition 3.3a,

(i) take Smoke/No Smoke observations in accordance with Condition 3.2.

(A) at least once per day for the next seven operating days and until the initial 30 day observati on period is completed; and

(B) continue as described in Condition 3.2b; or

(ii) if the actions taken under Condition 3.3a do not eliminate the smoke, or if subsequent smoke is observed under th e schedule of Condition 3.3c(i)(A), then observe the exhaust using the Method 9 Plan unless the department gives written approval to resume ob servations under the Smoke/No Smoke Plan; after observing smoke and ma king observations under the Method 9 Plan, the Permittee may at any time ta ke corrective action that eliminates
smoke and restart the Smoke/No Smoke Plan under Condition 3.2a.Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 6 3.4 In the case of renewal permits, the permitt ee shall have the option to continue an established monitoring frequency rather than re-starting the cycle of monitoring from the beginning as in Condition 3.1a. The permittee shall make note of this option in the first Operating Report required by Condition < insert Operating Reports
condition number > submitted under the renewed permit.

4. Visible Emissions Recordkeeping. The Permittee shall keep records as follows:

[18 AAC 50.040(j), 12/3/05 & 50.326(j) and 18 AAC 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3)(ii), 7/1/04]

4.1 If using the Method 9 Plan of Condition 3.1,

a. the observer shall record

(i) the name of the stationary source, emission unit and lo cation, stationary source type, observer's name and aff iliation, and the date on the Visible
Emissions Field Data Sheet in < insert Visible Emissions Field Data Sheet
Section number >;

(ii) the time, estimated distance to the emissions location, sun location, approximate wind direction, estimated wind speed, description of the sky Condition (presence and color of clouds), plume background, and operating rate (load or fuel consum ption rate) on the sheet at the time opacity observations are initiated and completed;

(iii) the presence or absence of an a ttached or detached plume and the approximate distance from the emissions outlet to the point in the plume at which the observations are made;

(iv) opacity observations to the nearest five percent at 15-second intervals on
the Visible Emissions Observation in Section < insert Visible Emissions
Section number >, and

(v) the minimum number of observations required by the permit; each momentary observation recorded shall be deemed to represent the average opacity of emissions for a 15-second period;

b. to determine the six-minute average opacity, divide the observations recorded on
the record sheet into sets of 24 cons ecutive observations; sets need not be
consecutive in time and in no case sha ll two sets overlap; fo r each set of 24 observations, calculate the average by summing the opacity of the 24 observations and dividing this sum by 24; record the average opacity on the sheet;

c. calculate and record the highest 18- consecutive-minute averages observed.

4.2 If using the Smoke/No Smoke Plan of Condition 3.2, record the following information in a written log for each obser vation and submit copies of the recorded information upon request of the department:Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 7 a. the date and time of the observation;

b. from Table < insert Table of Emission Unit s designation >, the ID of the emission unit observed;

c. whether visible emissions are pres ent or absent in the exhaust;

d. a description of the background to th e exhaust during the observation;

e. if the emission unit starts operation on the day of the observation, the startup time of the emission unit;

f. name and title of the person making the observation; and

g. operating rate (load or fuel consumption rate).

5. Visible Emissions Reporting. The Permittee shall report visible emissions as follows:

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j) & 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3)(iii), 7/1/04]

5.1 include in each stationary sour ce operating report under Condition < insert Operating Reports condition number >:

a. which visible-emissions plan of Condition 3 was used for each emission unit; if more than one plan was used, give the time periods covered by each plan;

b. for each emission unit under the Method 9 Plan,

(i) copies of the observation results (i.e. opacity observations) for each emission unit that used the Method 9 Plan, except for the observations the Permittee has already supplied to the department; and

(ii) a summary to include:

(A) number of days observations were made;

(B) highest six-minute average observed; and

(C) dates when one or more obser ved six-minute averages were greater than 20 percent;

c. for each emission unit under the Smoke/No Smoke Plan, the number of days
that Smoke/No Smoke observations were made and which days, if any, that smoke was observed; and

d. a summary of any monitoring or record keeping required under Conditions 3 and 3.3c(ii) that was not done;Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 8 5.2 report under Condition < inset Excess Emissions and Permit Deviations condition
number >:

a. the results of Method 9 observations that exceed an average 20 percent for any six-minute period; and

b. if any monitoring under Condition 3 was not performed when required, report within three days of the date the monitoring was required.

Flares, EU ID(s) ___

6. Visible Emissions Monitoring, Recordkeeping, and Reporting . The Permittee shall
observe six flare events 1 occurring during the life of this permit 2 including at least one event per calendar year.

6.1 Monitor flare events using Method-9.

6.2 Record the following information for observed events:

a. the flare(s) EU ID number;

b. results of the Method-9 observations;

c. reason(s) for flaring;

d. date, beginning and ending time of event; and

e. volume of gas flared.

6.3 Monitoring of a flare event may be post poned for safety or weather reasons, or because a qualified observer is not available. Until monitoring has been completed
on the six flare events described in this Condition, the Permittee shall either monitor each qualifying flare event or include in the next report required by Condition

< insert Operating Reports condition number > an explanation of the reason the event
was not monitored.

6.4 Attach copies of the records required by Condition 6.2 with th e stationary source operating report required by Condition < insert Operating Reports condition
number >.

6.5 Report under Condition < insert Excess Emissions and Permit Deviations condition
number > whenever the opacity standard in Condition 1.1 is exceeded.

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j)(4), 10/1/04] [40 C.F.R. 71.6(a)(3) & (c)(6), 7/1/04]

1 For purposes of this permit, a “flare event” is flaring of gas for greater than one hour as a result of scheduled

release operations, i.e. maintenance or well testing ac tivities. It does not include non-scheduled release operations, i.e. process upsets, emergency flaring, or de minims venting of gas incidental to normal operations.

2 Flare events monitored within 12-months prior to perm it effective date may count towards the six-event total.Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 9 Particulate Matter Emissions Standards

7. Industrial Process and Fuel-Burning Equipment Particulate Matter. The Permittee shall not cause or allow particul ate matter emitted from EU ID(s) < insert EU ID numbers > listed in Table < insert reference to Table of Emission Units> to exceed 0.05 grains per cubic foot of exhaust gas corrected to standa rd conditions and averag ed over three hours.

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j), 12/1/04; and 18 AAC 50.055(b)(1), 1/18/97] [40 C.F.R. 71.6(a)(1), 7/1/04]

7.1 For EU ID(s) < insert EU ID numbers >, monitor, record and report in accordance
with Conditions 9 - 11.

7.2 For EU ID(s) < insert EU ID numbers >, burn only gas as fuel. Monitoring for these emission unit(s) shall consist of a cer tification in each operating report under
Condition < insert Operating Reports condition number > that each of these emission unit(s) fired only gas. Report under Condition < insert Excess Emissions and Permit Deviations Reports condition number > if any fuel other than gas is burned.

7.3 For EU ID(s) < insert EU ID numbers >, as long as they do not exceed the limits in
Condition < insert number of condition that st ates emission unit( s) operating limits >, monitoring shall consist of an annua l compliance certification under Condition

< insert Annual Compliance Ce rtification condition number > with the particulate
matter standard.

7.4 For EU ID(s) < insert EU ID numbers >, the Permittee must annually certify compliance under Condition < insert Annual Compliance Certification condition
number > with the particulate matter standard.

7.5 For EU ID(s) < insert EU ID numbers >, use only gas as primary fuel. Monitoring for these emission unit(s) shall consist of a certif ication in each operating report required
in Condition < insert Operating Reports condition number > that each of these emission unit(s) fired only gas. If operating on a back-up liquid fuel, the Permittee shall monitor, record and report according to Condition < insert VE & PM MR&R for
Dual Fuel-Fired Sources condition number >.
[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j) & 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3), 7/1/04]

8. Incinerator Particulate Matter Emissions. Particulate matter emissions from EU ID(s)

< insert EU ID numbers > may not exceed the particulate matt er standard, as listed in Table
A:

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j), 12/1/04; and 18 AAC 50.050(b), 1/18/97] [40 C.F.R. 71.6(a)(1), 7/1/04]

Table A - Particulate Matter Standards for Incinerators

Incinerator Rated Capacity Particulate Matter Standard

Less than 1000 lbs./hr No LimitsStandard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 10 Incinerator Rated Capacity Particulate Matter Standard

EU ID(s) < insert EU ID numbers >: Greater than or equal to 1000 lbs./hr but less than 2000
lbs./hr 0.15 grains/cubic foot of exhaust gas corrected to 12 percent
CO 2 and standard Conditions, averaged over three hours

EU ID(s) < insert EU ID numbers >: Greater than or equal to 2000 lbs./hr 0.08 grains/cubic foot of exhaust gas corrected to 12 percent
CO 2 and standard Conditions, averaged over three hours

EU ID(s) < insert EU ID numbers >: Burns waste containing more than 10 percent wastewater treatment plant sludge by dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 0.65 grams per kilogram of dry sludge input

8.1 (Use Stationary Source-specifi c PM MR&R for incinerators.)

[18 AAC 50.040(j), 12/3/05 & 18 AAC 50.326(j)(4), 10/1/04] [40 C.F.R. 71.6(a)(3) & 71.6(c)(6), 7/1/04]
PM Monitoring, Recordkeeping and Reporting

Liquid-Fired Sources (EU IDs <insert EU ID numbers>)

9. Particulate Matter Monitoring for Dies el Engines and Liquid-Fired Turbines. The
Permittee shall conduct source tests on dies el engines and liquid-fired turbines, < identify

emission units >, to determine the concentration of particulate matter (PM) in the exhaust of
a source in accordance with Condition 9.

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j) & 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3)(i), 7/1/04]

9.1 Within six months of exceeding the criter ia of Conditions 9.2a or 9.2b, either

a. conduct a PM source test according to requirements set out in < insert Standard
Source Test Section number >; or

b. make repairs so that emissions no longe r exceed the criteri a of Condition 9.2;
to show that emissions are below those criteria, observe emissions as described in Condition 3.1 under load conditions comparable to those when the criteria
were exceeded.

9.2 Conduct the test accordin g to Condition 9.1 if

a. 18 consecutive minutes of Method 9 obs ervations result in an 18-minute average opacity greater than 20 percent; or

b. for a source with an exhaust stack diam eter that is less than 18 inches, 18
consecutive minutes of Method 9 observat ions result in an 18-minute average opacity that is greater than 15 percent and not more than 20 percent, unless the department has waived this requirement in writing.Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 11 9.3 During each one-hour PM source test run, observe the exhaust for 60 minutes in
accordance with Method 9 and calculate th e average opacity measured during each one-hour test run. Submit a copy of these obs ervations with the source test report.

9.4 The automatic PM source test requirements in Conditions 9.1 and 9.2 is waived for
an emissions unit if a PM source test on th at unit has shown compliance with the PM standard during this permit term.

10. Particulate Matter Record Keeping for Di esel Engines and Li quid-Fired Turbines. Within 180 calendar days after the effective date of this permit, the Permittee shall record the exhaust stack diameter(s) of EU ID(s) < list EU ID numbers from the <insert Table of
Emission Unit s designation> in the permit >. Report the stack di ameter(s) in the next operating report under Condition < insert Operating Reports condition number >.
[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j) & 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3)(ii), 7/1/04]

11. Particulate Matter Reporting for Diesel Engines and Liquid-Fired Turbines. The Permittee shall report as follows:

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j) & 50.346(c), 10/1/04] [40 C.F.R. 71.6(a)(3)(iii), 7/1/04]

11.1 report under Condition < insert Excess Emissions and Permit Deviations condition
number >:

a. the results of any PM source test th at exceeds the PM emissions limit; or

b. if one of the criteria of Condition 9.2 was exceeded and the Permittee did not comply with either Condition 9.1a or 9.1b, this must be reported by the day following the day compliance with Condition 9.1 was required;

11.2 report observations in excess of the threshol d of Condition 9.2b with in 30 days of the end of the month in which the observations occur;

11.3 in each stationary source operating report under Condition < insert Operating Report
condition number >, include

a. the dates, EU ID(s), and results when an observed 18-minute average was greater than an applicable threshold in Condition 9.2;

b. a summary of the results of any PM testing under Condition 9; and

c. copies of any visible em issions observation result s (opacity observations) greater than the thres holds of Condition 9.2, if they were not already
submitted.

For Liquid-Fired Boilers and HeatersStandard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 12 12. Particulate Matter Monitoring. The Permittee shall conduc t source tests on EU ID(s) < insert EU ID numbers > to determine the concentration of PM in the exhaust of EU ID(s) < insert EU ID numbers > as follows:

[18 AAC 50.040(j), 12/3/05 & 18 AAC 50.326(j)(4), 10/1/04] [40 C.F.R. 71.6(a)(3)(i) & 71.6(c)(6), 7/1/04]

12.1 Conduct a PM source test according to the requirements set out in < insert Standard
Source Test Section > no later than 90 calendar da ys after any time corrective maintenance fails to eliminate visible emissions greater than the 20 percent opacity
threshold for two or more 18-minute observa tions in a consecutive six-month period.

12.2 During each one-hour PM source test run, observe the exhaust for 60 minutes in
accordance with Method 9 and calculate th e average opacity measured during each
one-hour test run.

12.3 The PM source test requirement in Conditi on 12 is waived for an emission unit if:

a. a PM source test during the most r ecent semiannual reporting period on that unit shows compliance with the PM st andard since permit issuance, or

b. if a follow-up visible emission observa tion conducted using Method-9 during the 90 days shows that the excess visi ble emissions described in Condition 3.1e no longer occur.

13. Particulate Matter Recordkeeping. The Permittee shall keep records of the results of any PM testing and visible emissions observations conducted under Condition 12.

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j)(4), 10/1/04] [40 C.F.R. 71.6(a)(3)(ii) & 71.6(c)(6), 7/1/04]

14. Particulate Matter Reporting. The Permittee shall report as follows:

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j)(4), 10/1/04] [40 C.F.R. 71.6(a)(3)(iii) & 71.6(c)(6), 7/1/04]

14.1 In each stationary source operating report required by Condition < insert Operating Report condition number >, include

a. the dates, EU ID(s), and results wh en an 18-minute opacity observation was greater than the applicable thre shold criterion in Condition 3.1e.

b. a summary of the results of any PM te sting and visible emissions observations
conducted under Condition 12.

14.2 Report as excess emissions, in accordance with Condition < insert Excess Emissions
and Permit Deviations condition number >, any time the results of a source test for
PM exceeds the PM emission limit stated in Condition 7.Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 13 VE & PM MR&R for Dual Fuel-Fired Sources, EU ID(s) ___

15. The Permittee shall monitor, record and report the monthly hours of operation when operating on a back-up liquid fuel.

15.1 If EU ID(s) < insert EU ID numbers > do not exceed 400 hours of operations per calendar year per source on a back-up liqui d fuel, monitoring of compliance for visible emissions and particulate matter is not required. Monito ring shall consist of an annual compliance certif ication under Condition < insert Annual Compliance Certification condition number > with Conditions 1.1 and 7.

15.2 EU ID(s) < insert EU ID numbers > are subject to the liquid fuel monitoring requirements described in Conditions 3 and 9 if operations exceed 400 hours per calendar year per emission unit on a back-up liquid fuel.

15.3 The Permittee must notify the department and begin monitoring the affected emission unit according to Conditions 3 and 9 no later than 15 days after the end of a calendar month in which the cumulative hours of operation for the calendar year exceed 400 hours on a back-up liquid fuel.

15.4 Report under Condition < insert Excess Emissions and Permit Deviations condition
number > if the Permittee fails to comply with Condition 15.3.

[18 AAC 50.040(j), 12/3/05 and 18 AAC 50.326(j)(4), 10/1/04] [40 C.F.R. 71.6(a)(3) & 71.6(c)(6), 7/1/04]Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 14 STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The state and federal regulations for each Co ndition are cited in Operating Permit No.

<Insert Operating Permit Number >.
Conditions 1 and 3 - 5, 6, & 15 Visible Emissions Standard and MR&R

Applicability: This regulation applies to operation of all fuel-burni ng equipment in Alaska. EU ID(s) < insert EU ID numbers > are fuel-burning equipment.

Factual basis: Conditions 1 and 2 require the Permitt ee to comply with the federal and the state visible emission standards applicable to fuel-burning equipment and incinerators.
The Permittee shall not cause or allow the equipment to violate these standards.

MR&R requirements are listed in Conditions 3 through 5, 6, and 15 of the permit.

These conditions have been adopted into regulat ion as Standard Conditions. The department added a provision that clarifies the option to continue an established monitoring frequency for renewal permits.

The Permittee must establish by actual visual observations that can be supplemented by other means, such as a defined Stationary Source Operation and Maintenance Program that the stationary source is in conti nuous compliance with the State's emission standards for visible emissions and particulate matter.

These conditions detail a stepwise process for monitoring compliance with the State's visible emissions and particulate matter standards for liquid and gas fired sources. Equipment types covered by these conditions are internal combus tion engines, turbines, heaters, boilers, and flares. Initial monitoring frequency sche dules are established along with subsequent
reductions or increases in fre quency depending on the results of the self-monitoring program.

Reasonable action thresholds are established in these conditions that require the Permittee to progressively address potential visible emi ssion problems from sources either through maintenance programs and/or more rigorous te sts that will quantify whether a specific
emission standard has been exceeded.

Condition 6 was developed to provide a standardi zed version of flare mo nitoring that is not dependent upon the type or design of upstream equi pment. It has been claimed that gas-fired flares normally burn without emitting visible em issions, but actual field data demonstrating this assumption is not available. However, ga s-fired flares have been shown to smoke when a control device, i.e. a knockout drum, flare scrubber, gas or st eam assist, or vapor recovery system malfunctions. Thus, the Condition sets out a protocol to collect actual field data to determine compliance with the 20 per cent opacity standard for flares.

A recent department analysis of industry flari ng operations indicates that 49 percent of the gas flared (by volume) is for pilot/purge, 25 pe rcent is for flaring le ss than one hour, and 26 percent is for flaring that lasts more than one hour. Pilot/purge flaring constitutes half of all flaring by volume and is continuous in nature an d can be observed at any time. This type of flaring has not caused violations of the opacity st andard in the past and can be checked at any time by agency inspectors. The remaining half of the flaring volume is split evenly between less than and greater than one-hour duration. Therefore, the monitoring scheme in thisStandard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 15 condition addresses the half of the non-continuou s flaring operations th at are scheduled and
for which a certified observer can reasonably be located onsite.

Since it is impractical to requi re facilities to have a certified Method-9 opacity reader on site for unpredictable emergency flaring, the mon itoring protocol require s Method-9 readings only during scheduled flare ev ents. Scheduled events such as those generated by maintenance activities and well testing of greater than one-hour in duration will be observed. These one-hour events are currently quantifie d and reported to the Alaska Oil and Gas
Conservation Commission for other reasons and thus provi des a confirming information record of the occurrence of these events. Only those events as defined in the Condition need to be monitored. If no events meeting this de finition occur during the life of the permit then no monitoring is required.

Since only flaring that is scheduled and exceeds one hour is required to be observed, operators will have time to provide certifie d Method-9 readers onsite. Most oil and gas production facilities in Alaska are located at remo te sites, so it is not reasonable to selfmonitor all or even a large sample of the flar ing that occurs. Data collected from planned events will help the department refine this monitoring scheme during future permit cycles. Process upsets and emergency events that may or may not exceed one hour occur randomly and do not lend themselves easily to periodic monitoring. At this time, the department will rely on stationary source excess emission report s, citizen complaints, and agency inspections for information concerning these short term and emergency events.

Gas Fired:

Monitoring – The monitoring of gas fi red sources for visible emi ssions is waived, i.e. no source testing will be required. The departme nt has found that natural gas fired equipment inherently has negligible PM emissions. Howe ver, the department can request a source test for PM emissions from any smoking equipment.

Reporting – The Permittee must annually certify that only gaseous fuels are used in the equipment.

Liquid Fired:

Monitoring – The visible emissions may be observe d by either Method-9 or the Smoke/No Smoke plans as detailed in Condition 3. Corrective actions such as maintenance procedures and either more frequent or less frequent testing may be required depending on the results of
the observations.

Recordkeeping - The Permittee is required to record the results of all visible emission observations and record any actions taken to reduce visible emissions.

Reporting - The Permittee is required to report: 1) emissions in excess of the federal and the
state visible emissions standard and 2) deviations from permit Conditions. The Permittee is required to include copies of the results of all visible emission observations with the stationary source ope rating report.

Dual Fuel-Fired Sources:

For EU ID(s) < insert EU ID numbers >, as long as they operate only on gas, monitoring
consists of an annual certifica tion that only gaseous fuels were used in the equipment. When any of these sources operates on a backup liquid fuel for more than 400 hours in a calendar year, monitoring as detailed in Condition 15 is required for that source in accordance withStandard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 16 department Policy and Procedure No. AW Q 04.02.103, Topic # 2, 10/8/04. When any of these sources operates on a backup liquid fuel for less than 400 hours in a calendar year, monitoring for that source consists of an annua l certification of comp liance with the opacity standard. The 400-hour trigger for additional monitoring applies to each individual unit and
not as a combined total for all units.

Insignificant Sources:

For EU ID(s) < insert EU ID numbers > no visible emissions mon itoring is required because these sources are insignificant sources based on actual emissions and have permit Condition(s) < insert Condition numbers > that limit either their hours of operation or fuel consumption. As long as the sources do not exceed these limits, they are insignificant by emissions rate as specified in 18 AAC 50.326(e) and no monitoring is required in accordance with department Policy and Procedur e No. AWQ 04.02.103, Topic # 3, 10/8/04. The Permittee must annually certify compliance under Condition < insert Annual Compliance Certificate Condition > with the opacity standard.

Flares:

Monitoring for flares (EU ID(s) < insert EU ID numbers >) requires Method-9 observations of scheduled flaring events lasting more than one hour. The Permittee must report the results of these observations to the department.

Condition 2, Incinerator Visible Emissions and MR&R

Applicability: This visible emission standard applie s to the operation of any incinerator in Alaska, including an air curtain incinerator.

Factual Basis: The Condition requires the Permittee to comply with the visible emission standard applicable to incinerators. The Permittee may not cause or allow the affected
incinerator to violate this standard.

The Permittee is required to monitor, reco rd, and report according to Condition 2.2.

Conditions 7 and 9 - 11, 12 - 14, & 15, Pa rticulate Matter (PM) Standard

Applicability: The PM standard applies to operati on of all fuel-burning equipment in Alaska. EU ID(s) < insert EU ID numbers > are fuel-burning equipment. The SIP standard for PM applies to all fuel-burning equipment becau se it is contained in the federally approved
SIP dated October 1983.

Factual basis: Condition 7 requires the Permittee to comply with the state PM (also called grain loading) standard applicable to fuel-burning equipment. The Permittee shall not cause or allow fuel-burning equipm ent to violate this standard.

MR&R requirements are listed in Conditions 9 - 11, 12 - 14, and 15 of the permit.

The Permittee must establish by actual visual observations, which must be supplemented by other means, such as a defined Stationary Source Operation and Maintenance Program that the stationary source is in continuous complia nce with the State's emission standards for particulate matter.

These conditions detail a stepwise process for monitoring compliance with the State's particulate matter standards for liquid- and ga s-fired sources. Equipment types covered by these conditions are internal combustion engine s, turbines, heaters, and boilers. InitialStandard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 17 monitoring frequency schedules are establis hed along with subsequent reductions or increases in frequency depending on the re sults of the self-monitoring program.

Gas Fired:

Monitoring – The monitoring of gas-fired sources fo r particulate matter is waived, i.e. no source testing will be required. The departme nt has found that natural gas-fired equipment inherently has negligible PM emissions. Howe ver, the department can request a source test for PM emissions from any smoking equipment.

Reporting – The Permittee must certify annually th at only gaseous fuels are used in the equipment.

Liquid Fired:

Monitoring – The Permittee is required to conduct PM source testing if threshold values for opacity are exceeded.

Recordkeeping - The Permittee is required to record the results of PM source tests.

Reporting - The Permittee is required to report: 1) incidents when emissions in excess of the opacity threshold values have been observe d, 2) and results of PM source tests. The Permittee is required to include copies of the re sults of all visible emi ssion observations with the stationary source operating report.

Dual Fuel-Fired Sources:

For EU ID(s) < insert EU ID numbers >, as long as they operate only on gas, monitoring
consists of an annual certifica tion that only gaseous fuels were used in the equipment. When any of these sources operates on a backup liquid fuel for more than 400 hours in a calendar year, monitoring as detailed in Conditions 9 a nd 12 is required for that source in accordance with department Policy and Procedure No. AWQ 04.02.103, Topic # 2, 10/8/04. When any of these sources operates on a backup liquid fu el for less than 400 hours in a calendar year, monitoring for that source consists of an annual certification of compliance with the particulate matter standard. The 400-hour trig ger for additional monitoring applies to each
individual unit and not as a combined total for all units.

Insignificant Sources:

For EU ID(s) < insert EU ID numbers >, no monitoring is required because these sources are insignificant sources based on act ual emissions. EU ID(s) < insert EU ID numbers > must not exceed operational hour limit(s) as required by Condition(s) < insert Conditions that apply >. As long as they operate within these limits, they are consid ered insignificant sources by emissions as specified in 18 AAC 50.326(e) a nd no monitoring is required in accordance with department Policy and Procedur e No. AWQ 04.02.103, Topic # 3, 10/8/04. The Permittee must annually certify compliance under Condition < insert condition reference to Annual Compliance Certification condition number > with the particulate matter standard.

Flares:

Monitoring of gas-fired flares for particulate matter is waived , i.e. no source testing will be required, because of the difficulty and questiona ble results these tests produce when applied to flares. The department has recognized this fact by incorporating th e waiver in the State Implementation Plan adopted in November 1984, which has not been federally approved. No recordkeeping or re porting is required.Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Sources August 25, 2004 Revised August 20. 2008 18 Condition 8, Incinerator Particulate Matter Emissions and MR&R

Applicability: The particulate matter emission standard s as listed in Table A apply to the operation of an incinerator based on its rated capacity.

Factual Basis: The Condition requires the Permittee to co mply with the particulate matter emission standards applicable to incinerators based on rated capacity. The Permittee may not
cause or allow the affected incine rator to violate this standard.

The Permittee is required to monitor, reco rd, and report according to Condition 8.1. For incinerators with a rated cap acity of less than 1000 pounds per hour, the Permittee is not required to monitor particulate matter because th ere is no standard set for such incinerators.

# DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Standard Operating Permit Condition XIII – Coal Fired
Boilers

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

April 1, 2002

Revised August 20, 2008Standard Operating Permit Cond ition XIII – April 1, 2002
Coal Fired Boilers

Revise d August 20. 2008 1 

## Standard Operating Permit Cond ition XIII – Coal Fired Boilers

Stationary Source Categories This Condition Applies to: Coal fired boilers in operation before July 1, 1972.

The department will use standard permit c ondition XIII in an operating permit unless the department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Circumstances where emission uni t or stationary source specific conditions more adequately meet 18 AAC 50 include:
1. the permittee demonstrates that C ontinuous Opacity Monitoring System (COMS) operation and audit procedures that are specific to the COMS unit being used and that differ from this standard permit condition XIII are more appropriate.

Permit Wording:

1. Coal Fired Boiler Visible Emissions Monito ring – Procedures for Operation of a
COMS. The following procedure applies to mo nitoring visible emissions using a Continuous Opacity Monitoring System (COMS):

1.1 the COMS must meet the performance spec ifications in 40 C.F.R. 60, Appendix B, Performance Specification 1, adopted by reference in 18 AAC 50.040(a);

1.2 operate and maintain the COMS in accord ance with the manufacturer’s written requirements and recommendations;

1.3 except during COMS breakdowns, repairs, calibration checks, and zero and upscale adjustments, complete one cycle of sampling and analyzing for each successive 10- second period of emission unit operation; fr om this data, calculate and record the average opacity for each successive one-minute period;

1.4 at least once daily, conduct a zero and ups cale check in accordance with 40 C.F.R. 60.13(d), adopted by reference in 18 AAC 50.04 0(a), and a written procedure; adjust whenever the zero or upscale drift exceeds f our percent opacity in a 24-hour period;

1.5 conduct performance audits as follows:

a. for a COMS that was new, relocated, re placed, or substantially refurbished on or after April 9, 2001, perform an audit th at includes the following elements as described in the department's Performance Audits for COMS , adopted by reference in 18 AAC 50.030, at least once in each 12 months:

(i) optical alignment;Standard Operating Permit Cond ition XIII – April 1, 2002
Coal Fired Boilers

Revise d August 20. 2008 2 (ii) zero and upscale response assessment;

(iii) zero compensation assessment;

(iv) calibration error check; and

(v) zero alignment assessment;

b. for a COMS that was new, relocated, replaced, or substantially refurbished before April 9, 2001, perform the same audits required under condition XIII.1.5a, except that condition XIII.1.5a(i) - XIII.1.5a(iv) must be performed at least quarterly; this fre quency may be reduced if

(i) the permittee demonstrates, by applying measurable criteria to the results of quarterly audits, that quarterly audits are not necessary; and

(ii) the department gives written approv al for the reduction in frequency.

2. Coal Fired Boiler Particulate Matter (PM). The permittee shall not cause or allow particulate matter (PM) emitted from < identify emission units > to exceed 0.1 grains per cubic foot of exhaust gas corrected to standa rd conditions and averaged over three hours. (18 AAC 50.055(b))

2.1 Coal Fired Boiler PM Monito ring and Recordkeeping. The permittee shall do the following.

a. at least once every 12 months, for each boiler that has operated 90 days or more during that period, inspect the exhaust duct work and the internal components of the dust collector for the presence of leaks; prior to restarting the boiler, repair all leaks in the ex haust ductwork and all leaks that would allow dirty gas to pass into the cl ean gas side of the dust collector;

b. conduct source tests for particulate matter as follows:

(i) conduct the tests and report the results in accordance with conditions

< insert conditions’ numbers that add ress the requirements of 18 AAC
50.220 and that reiterate 18 AAC 50.345(l) - (o) >; for tests required under condition XIII.2.1b(iii), submit the test plan as required by < insert condition number that reiterates 18 AAC 50.345(m) > and at least 60 days before the deadline for the next test under condition XIII.2.1b(iii);

(ii) conduct an initial test on each boile r within 8760 operating hours or two calendar years, whichever is sooner, after the issue date of the initial operating permit;Standard Operating Permit Cond ition XIII – April 1, 2002
Coal Fired Boilers

Revise d August 20. 2008 3 (iii) conduct additional tests on each boiler according to the following schedule where each test means a three hour average consistent with 18 AAC 50.220(f):

(a) if the most recent source test exceeded 90 percent of the emission standard, conduct a source test w ithin 8760 operating hours of the previous test;

(b) if the most recent source test exceeded 75 percent of the emission standard, conduct a source test within 17520 operating hours of the previous test; and

(c) within five years of the previous source test, conduct a test of each boiler operated during that time;

(iv) for any boiler with a steam production limit that the operator wishes to change, the operator may operate in ex cess of the steam limit to perform
source tests on which a new limit would be based; the operator may use a new limit based on the source testing if

(a) the permittee submits a source test plan and the department approves the plan in writing;

(b) the permittee conducts source testin g according to the source test plan and consistent with condition < insert conditions’ numbers that address the requirements of 18 AAC 50.220 >;

(c) the permittee submits the results to the department;

(d) the test results show complianc e at the requested new steam production rate; and

(e) the department concurs with the new limit in writing, after finding
that

i) the test results will be representative of normal operation; and

ii) the new limit does not cause the facility to be subject to permitting under 18 AAC 50.300(h);

(v) during each test, measure and reco rd visible emissions and steam production rates; submit the record s with the source test report;
determine visible emissions consis tent with monitoring methods of
condition < insert applicable condition number from this permit > for the duration of each one hour run;Standard Operating Permit Cond ition XIII – April 1, 2002
Coal Fired Boilers

Revise d August 20. 2008 4 c. measure and record steam production as follows:

(i) operate and maintain a device to me asure and record steam production in
accordance with the manufacturer’s written requirements and recommendations;

(ii) except during breakdowns, repairs, ca libration checks, and zero and span adjustments of the device, complete at least one cycle of sampling and analyzing for each successive 15-minute period of boiler operation; from this data, calculate and record th e average steam production rate for successive one-hour periods; maintain th is data at the facility and make it available to the department upon request;

(iii) within one year after the effective date of this permit and at such times as the department may require, determ ine the relative accuracy of each monitoring device required by condition XIII.2.1c(i);

(iv) keep sufficient written records to sh ow compliance with the requirements of this condition XIII.2.1; in addition, keep records of the date and time identifying each period during which a device required by this permit is inoperative, except for zero and span ch ecks, and records of the nature of device repairs and adjustments; upon request of the department, submit copies of the records.

2.2 Coal Fired Boiler PM Reporting. The permittee shall

a. submit a report in accordance with < insert standard permit condition number concerning excess emissions and permit deviation reports > whenever any of the following situations occur:

(i) when steam production exceeds a permit limit;

(ii) when the results of a source test ex ceed the particulate matter emission limit;

(iii) if a steam production monitoring device malfunctions or becomes inoperable for four or more consecut ive hours; in the report, identify the boiler, the cause of failure, and the anticipated time required to repair the device;

b. include in each operatin g report under condition < insert standard permit condition number concerning operating reports >:

(i) the results of each particulate matter source test;Standard Operating Permit Cond ition XIII – April 1, 2002
Coal Fired Boilers

Revise d August 20. 2008 5 (ii) for any boiler with a steam productio n limit, the limit and averaging period, the highest steam production ra te for the period covered by the report (averaged over the same aver aging period as the limit), and identification of any periods exceeding the limit; and

(iii) the results of any relative accuracy determination of steam monitoring equipment.

3. Sulfur Compound Emissions. The permittee shall not cause or allow sulfur compound emissions, expressed as sulfur dioxide, from emission units < identify coal fired boilers > to exceed 500 parts per million averaged over a period of three hours. (18 AAC 50.055(c))

3.1 CFB Sulfur Compound Em issions Monitoring. The following applies to sulfur compound emission monitoring:

a. upon receipt of each shipment of fuel at the stationary source, the permittee
shall

(i) obtain a signed statement from the supplier with the following
information:

(a) the percent sulfur by weight of the coal;

(b) the method of analysis; and

(c) a statement that the analysis was re presentative of the coal shipped;

(ii) if valid representative resu lts are not available from the supplier, analyze a representative sample of the fuel to determine the sulfur content using ASTM D2492-90 for coal, adopted by reference in 18 AAC 50.035(c), or another method approved in writing by the department for coal or other fuels; and

(iii) if the coal contains more than 0.4 pe rcent sulfur by weight, calculate the
three hour exhaust concentr ation expected to resu lt from combusting each shipment of fuel using the following equation:

SO 2 -concentration, PPM = 1.00 X 10 6 X mol-SO 2 / (mol-SO 2 + molCO 2 + mol-O 2 + mol-N 2 )

Where:

mol-SO 2 = [wt%Sulfur fuel , % ] / 32.06

mol-CO 2 = [wt%Carbon fuel , % ] / 12.01Standard Operating Permit Cond ition XIII – April 1, 2002
Coal Fired Boilers

Revise d August 20. 2008 6 mol-O 2 = MF X (([wt%Nitrogen fuel , % ] / 28.01) + (4.76 X mol-SO 2 ) + (4.76 X mol-CO 2 ) + (1.88 X mol-H 2 O) - (3.76 X ([wt%Oxygen fuel , % ] / 32.00))

MF = ([vol%O 2, exhaust , %] / (100% - 4.76 X [vol% O 2, exhaust , %])

mol-H 2 O = [wt%Hydrogen fuel , %] / 2.016

mol-N 2 = ([wt%Nitrogen fuel , %] / 28.01) + (3.76 X mol-SO 2 ) + (3.76 X
mol-CO 2 ) + (1.88 X mol-H 2 O) + (3.76 X mol-O 2 ) - ([wt%Oxygen fuel , % ] / 8.51);

And Where:

The fuel weight percent (wt%) of carbon, nitrogen, oxygen, and hydrogen
is obtained from the most recent an alysis required by condition XIII.3.1b;

The volume percent of oxygen in the exhaust (vol% O 2, exhaust ,) is obtained from oxygen meters on a three hour av erage or from the most recent ORSAT analysis at the same boiler load used in the calculation; and

The fuel weight percent (wt%) of su lfur is obtained pursuant to condition XIII.3.1a(i) or XIII.3.1a(ii);

b. at least once each year, and whenever a shipment of coal contains more than 0.4 percent sulfur, obtain a representative sample of each fuel that is burned using the applicable pro cedures in 40 C.F.R. 60, Appendix A-7, Method 19, Section 12.5.2.1, adopted by reference in 18 AAC 50.040(a); conduct an ultimate analysis of the representati ve sample using ASTM D3176-89 (1997), adopted by reference in 18 AAC 50.035( c), or another method approved in writing by the department to determine the weight percents, dry basis, of carbon, nitrogen, oxygen, and hydrogen;

c. conduct source tests on at least one coal fi red boiler at the sta tionary source to determine sulfur compound emissions wh ile burning each shipment of fuel if
the calculations of condition XIII.3.1 a(iii) show that the exhaust SO 2 concentration would exceed 500 ppm.

3.2 CFB Sulfur Compound Emissions Record Keeping. The permittee shall keep
records of the sulfur contents of each shipment of fuel, each calculated SO 2 concentration averaged over three-hours, and any test resu lts and calculations
determined under condition XIII.3.1.

3.3 CFB Sulfur Compound Emissions Reporting. The permittee shallStandard Operating Permit Cond ition XIII – April 1, 2002
Coal Fired Boilers

Revise d August 20. 2008 7 a. submit a report in accordance with condition < insert standard permit condition number concerning excess emissi ons and permit deviation reports > whenever

(i) a three-hour exhaust concentra tion calculated pursuant to condition XIII.3.1a(ii) is greater than 500 ppm; or

(ii) a source test pursuant to condition XIII.3.1c has not shown compliance;

b. include in each operatin g report under condition < insert standard permit condition number concerning operating reports > a summary that includes

(i) sulfur contents of each shipment of fuel;

(ii) each calculated SO 2 concentration averaged over three hours; and

(iii) any test results and calculations required under condition XIII.3.1.

The following apply to this standard permit condition:
1. Opacity. The standard conditions for visible emissions apply only to technical aspects of operating the COMS, including audits. The permit will state the applicable opacity limit, and emission unit specific conditions will be used for all other aspects of monitoring, record keeping, and reporting for the opacity sta ndards of 18 AAC 50.055( a)(1) and (a)(9).
2. Conditions XIII.2.1b(iv) and XIII.2.1c and th e reference to steam production rates in condition XIII.2.1b(v) for each coal fired boiler will be used unless the department finds that

- the boiler does not have a steam production limit; and

- it is not feasible to operate the boiler at a steam produc tion rate sufficiently higher than the rated steam production capacity that the particulate matter standard or opacity
standard could be violated.
3. The fuel sulfur threshold in c onditions XIII.3.1a(ii) and XIII.0 were calculated for the general case based on six percent excess air. That threshold will be used unless the applicant shows that the boiler must use a specific higher amount of excess air.
4. If fuel is burned that has a s ubstantially higher ash content than normal run of mine coal, the allowable fuel sulfur must decrease proportiona lly with the portion of the coal that is
combustible in order to assure compliance with the 500 ppm SO 2 standard. The permit should require the calculation under condition XIII.3.1a(ii) if it is fo reseeable that the facility will burn fuel with an ash content greater than 15 percent and a sulfur content between 0.25 percent and 0.4 percent.

# DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Standard Operating Permit Condition XIV – Document Submittals and Electronic Copies

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

August 20. 2008Standard Permit Condition XIV – Document Submittals and Electronic Copies August 20. 2008
2 

## Standard Operating Permit Condition XIV – Document Submittals and Electronic Copies

Emission Unit or Stationary Source Categories This Condition Applies to:

**** Condition XIV.1 applies to all sources and Permittees subject to 18 AAC 50.326(a)-(c).

The department will use Standard Permit Condition XIV in any operating permit unless the department determines that emission un it or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Permit Wording:

<

Insert Section Number here > - Permit Changes and Renewal

1. The Permittee shall comply with the following requirements for submitting application information to the US E nvironmental Protection Agency (EPA):

1.1 The permittee shall provide a copy of each application for modification or renewal of this permit, including an y compliance plan, or application addenda, at the time the application or addendum is submitted to the department;

1.2 The information shall be submitted to the same address as in Condition

< insert reference to Annual Co mpliance Certification condition subparagraph with EPA’s address>;

1.3 To the extent practicable, the permittee shall provide to EPA applications in portable document format (pdf); MS Wo rd format (.doc); or other computerreadable format compatible with EPA's national database management system; and

1.4 The permittee shall maintain records as necessary to demonstrate compliance
with this condition.
[18 AAC 50.040(j)(7), 18 AAC 50.326(b), 12/1/04] [40 CFR 71.10(d)(1)), 7/1/04]Standard Permit Condition XIV – Document Submittals and Electronic Copies August 20. 2008
3 STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The state and federal regulations for each Condition are cited in Operating Permit
No. < Insert Operating Permit Number here >.

Condition <insert condition cross-reference> , Permit Applications and Submittals

Applicability: Applies because the permittee may need to submit permit applications and related correspondence.

Factual Basis: Condition XIV directs the applicant to send copies of all application materials required to be submitted to the Department directly to the EPA, in electronic format if practicable. Th is condition shifts th e burden of compliance from the Department to ensure that copies of application materials are submitted to EPA by transferring that res ponsibility to the Permittee.ALASKA DEPT OF U.S. EPA, REGION 10 ALASKA OPERATIONS OFFICE U.S. COAST GUARD SEVENTEENTH DISTRICT ENVIRONMENTAL CONSERVATION



# In Situ Burning Guidelines for Alaska

Revision 1

August 2008(This Page Intentionally Blank)i Revision 1-August 2008 

### Table of Contents

Table of Contents ............................................................................................................. ............ i

Glossary and Acrony ms ......................................................................................................... ..... 1

How to Use In Situ Burning Guidelines for Alaska ...................................................................... 3

1. Introduc tion .................................................................................................................. ......... 5

Applicab ility ................................................................................................................. .......... 5

Backgr ound .................................................................................................................... ....... 5

Updates in this Revi sion

...................................................................................................... . 6

2. Operational cons iderati ons ................................................................................................... 9

In Situ Burning in Relation to Mechanical Recovery ............................................................ 9

Optimal Conditions for Burn ing ............................................................................................. 9

Oil Thickness and Containm ent ............................................................................................ 9

Emulsifi cation ................................................................................................................

...... 11

Weathering

.......................................................................................................................... 11

Waves .........................................................................................................................

........ 12

Burn Vo lumes ..................................................................................................................

... 12

Residues

...................................................................................................................... ....... 12

Monitoring, Sampling, and Trial Burn s ............................................................................... 14

Safety of Pers onnel............................................................................................................

. 14

Wildlif e ......................................................................................................................

.......... 15

3. Safe Distance

...................................................................................................................... 17

The Public Safety Crit erion ................................................................................................. 18

Safe Distance in Popul ated, Flat Terrain

............................................................................ 19

Authorization in Cook Inlet and on the North Slope ........................................................... 29

PM 2.5 National Ambient Ai r Quality Standar d ..................................................................... 29

Consideration of Moving S ource ........................................................................................ 30

Conditions of Au thorizat ion ................................................................................................. 31

Notification System ...........................................................................................................

.. 31

Notificati on Level s ...........................................................................................................

.... 31

Post-Authorizati on Require ments ....................................................................................... 32

4. Public Health and the Envir onment .................................................................................... 33

Public Health Consider ations.............................................................................................. 33

Environmental C onsiderat ions ............................................................................................ 38

5. References

.......................................................................................................................... 45ii Revision 1-August 2008 Appendices:

Appendix 1: Applicat ion and Burn Plan ................................................................................... 49

Appendix 2: FOSC/SOSC Review Checklist In Situ Burning Guidelines for Alaska ............... 53

Appendix 3: Sample Unified Command Decisi on Document for In Situ Burning .................... 59

Appendix 4: Class I Ar eas in Al aska ....................................................................................... 61

Appendix 5: Air Quality Monitoring Equipment in Alaska ......................................................... 63

Appendix 6: Fire Danger Rating for Inl and Areas .................................................................. 65

Tables and Figures:

Table 1 Optimal Conditions for Effective Burning of Alaska No rth Slope Cr ude Oil ............... 10

Table 2 Residue Produced During the Ne wfoundland Offshore Burn Experiment ................. 13

Table 3 Characterization of Residues from Laboratory Test Burns of Alaska

North Slope Cr ude ............................................................................................... ....... 13

Table 5 ALOFT-FT Predictions of Downwind Safe Distances for Ground-Level PM 2.5 Concentrations of 65 Micrograms per C ubic Meter over Fl at Terrain. ..................... 30

Table 6 Air Q uality St andards.................................................................................................. . 34

Table 7 Pollution Standard Index Values and Associated Health Effects. ............................... 35

Figure 1: Zones for In Situ Burns on Populated Flat Land, and on Water

Within 3 Miles of Shore ............................................................................................. 21
Figure 2. Example of Zones for an In Situ Burn Over Land or on Water

Within 3 Miles of Shore ............................................................................................. 23
Figure 3: Zones for In Situ Burns on Water more than 3 Miles from Shore ............................ 25

Figure 4. Example of Zones for an In Situ Bu rn on Water at least 3 miles from Shore .......... 27

Figure 5. In Situ Burn Zones .................................................................................................... 57

### Glossary and Acronyms

AAC: Alaska Administrative Code.

ADEC: Alaska Department of Environmental C onservation, also referred to as “DEC”

ALOFT-FT: A Large Outdoor Fire plume Trajectory-Flat Terrain

ARRT: Alaska Regional Response Team.

ASTM: American Society for Testing and Materials.

BBL: Barrel of oil.

Burning Agents: Those additives that, through physical or chemical means, improve the combustibility of the materials to which they are applied

CFR: Code of Federal Regulations.

Controlled burn: Combustion that is start ed and stopped by human intervention.

Complex terrain: Land that rises more than 10 percent of the atmospheric mixing layer height, which is where the smoke plume becomes le vel, as predicted by the National Weather Service or reported by smoke observers.

DOC: U.S. Department of Commerce.

DOI: U.S. Department of the Interior.

DOI- FWS: U.S. Department of the Interior-Fish and Wildlife Service

DOI- NPS: U.S. Department of the Interior-National Park Service

EPA: U.S. Environmental Protection Agency.

ESA: Endangered Species Act

Flat terrain: Waterbodies and land that rises less than 10 percent of the mixing layer height which is where the smoke plume becomes level, as predicted by the National Weather Service or reported by smoke observers.

FOSC: Federal On-Scene Coordinator.

IC: Incident Commander

ICS: Incident Command System

1 Revision 1- August 2008Green Zone: Safe Air Quality . Predicted concentrations of parti culates will not exceed established air quality standards.

In situ burning: Combustion of oil on the surface where it spill ed. “In situ” is Latin for “in place.” Excludes well control, waste disposal, bur ning of oily vegetation, and adding a burning agent.

MOA: Memorandum of Agreement

NAAQS: National Ambient Air Quality Standard

NCP: National Oil and Hazardous Subs tances Pollution Contingency Plan

NOAA: National Oceanic and Atmospheric Administration.

NRT: National Response Team.

PAH: Polynuclear Aromatic Hydrocarbon.

PM 2.5 : Particulate matter with diameter of 2.5 microns or less.

PM 10 : Particulate matter with diameter of 10 microns or less.

Populated Area: One or more persons physically present who are not spill responders under the control of the Unified Command and a sp ill-specific worker safety plan.

Red Zone: Unsafe Air Quality

. Predicted concentrates of particulates will exceed established air quality standards.

Safe distance: Downwind from a fire, the greatest radius at which PM 2.5 emissions near ground level diminish to 1-hour concentrations equal to their National Ambient Air Quality Standard concentrations averaged for 24 hours or less.

Site safety plan: Incident-specific document for response worker protection that addresses the in situ burning operation, follows 29 CFR 1910.120 OSHA regulations, and is signed by the responsible party or the response action c ontractor. May also follow the National Response Team Science and Technology Committee’s 1997 “Guidance for Developing and Site Safety Plan for Marine In Situ Burn Operations,” and a plan in compliance with 18 AAC 75.425 (e)(1)(c), Alaska regulations fo r oil spill contingency plans’ safety plans.

SMART: Special Monitoring of Applied Response Technologies

SOSC: State On-Scene Coordinator

Unpopulated Area: An area where people are not present within three miles of the burn operation.

Yellow Zone: Marginal Air Quality . Predicted concentration of particulates may exceed established air quality standards.

2 Revision 1-August 2008

### How to Use In Situ Burning Guidelines for Alaska

The Alaska in situ burning guidelines are used by the Alaska Department of Environmental Conservation, United States Coast Guard, and U.S. Environmental Protection Agency on-scene coordinators to authorize an emergency in situ bur n of oil. They may authorize burning when: mechanical containment and recovery by themselv es are incapable of controlling the oil spill, burning is feasible, and the burn will lie a safe distance from populated areas. To receive authorization, an applicant completes the “Applic ation and Burn Plan” form (found in Appendix 1)

and submits it to the on-scene coordinators in the Unified Command. The on-scene coordinators then complete the FOSC/SOSC Review Checklis t in Appendix 2. The checklist includes the following six steps: review of the completed Applic ation to Burn Plan (Step 1); determine feasibility of burning (Step 2); determine whether burn may be conducted at a safe distance from population areas (Step 3); determine whether environment al and other considerations will be adequately addressed (Step 4); review consultations and requests for authorization (Step 5); and make decision on whether to authorize burn (Step 6).

NOTE: These guidelines were initially updated to meet the National Ambient Air Quality Standard (NAAQS) of PM 2.5 and 65 **μ** g/m 3 for public health and safety requirements. In 2006, the standard

was revised to 35 **μ** g/m 3 . These guidelines are consistent with the revised national air quality standard. However, air monitoring (in accordanc e with the SMART protocols) must be conducted during the burn operation to ensure the standar d is not exceeded for populated areas, and to validate predictive models used in this document.

Note: The Unified Command can proceed with approving the burn operation as long as SMART

resources are en route or available within a reasonable timeframe.

Among the guidelines are distances that should s eparate populated areas from the burn to protect the public health. The “safe distances” are designed to meet the most rec ent state and federal air quality public safety regulatory standards in popul ated areas. Air monitoring must be conducted (whenever there is a potential of impacting populated areas) to verify that safe distances and public health and safety standards are maintained at all times during the burning operation. In uninhabited areas, the safe separation distances are not necessary for burn authorization.

The guidelines include the following sections and appendices:

**•** Overall background information is described in Section 1.

**•** Technical background that supports the guideli nes is included in Sections 2, 3 and 4.

**•** The general guidelines for safe distances are described in Section 3 and Table 4.

**•** Cook Inlet and North Slope alternative guidelines for safe distances are described in Section 3

and Table 5.

**•** Public notification levels are described at the end of Section 3 and in Table 7.

**•** Information on environmental consider ations is included in Section 4.

3 Revision 1-August 20084 Revision 1-August 2008 **•** The Application and Burn Plan is provided in Appendix 1.

**•** The FOSC/SOSC Review Check list is provided in Appendix 2.

**•** A sample FOSC/SOSC Decision Document is provided in Appendix 3.

**•** Class I Areas in Alaska are identified in Appendix 4.

**•** A list of air quality monitoring equipment in Alaska is provided in Appendix 5.

**•** Definitions of Fire Danger Ratings fo r Inland Areas are included in Appendix 6.

SMART Protocols for in situ burning can be accessed at: http://response.restoration. noaa.gov/book_shelf/648_SMART.pdf1. Introduction

Background and Technical Information



### 1. INTRODUCTION

Purpose and Scope

The guidelines identify (1) the Alaska Regional Re sponse Team’s (ARRT’s) policy on the use of in situ burning as a response tool; (2) the process to be used by the FOSC/SOSC through the Unified Command to determine whether in situ burning is appropriate following an oil discharge; and (3) entities to be consulted by the FO SC/SOSC to obtain input on a request to conduct an in situ burn.

The guidelines serve the following purposes:

**•** Provide the FOSC/SOSC with a process that will help expedite in situ burning decision-making.

**•** Ensure that stakeholders and other technical experts are consulted as appropriate.

**•** Protect public health from smok e emitted from emergency burns.

**•** Transfer the state open burn permit authorization role under 18 AAC 50.035 from the state air quality regulators to the SOSC.

**•** Incorporate most recent available criteria for human health protection.

**•** Provide information on environmental considerations.

**•** Provide a resource document for preparing in si tu burning plans as part of the contingency plan process, regulated under 18 AAC 75.425(e)(3)(G)(iii), (iv), and (v).

**•** Provide a background for determining when to use the tool of in situ burning.

**•** The guideline document is neither an operational nor a tactical manual. It does not provide a contingency plan for an optional response tool, a si te safety plan, nor an exhaustive literature

review.



### Applicability

These guidelines apply to in situ burning of petroleum discharges during emergency response anywhere in Alaska. This includes marine waters and inland areas and waters.



### Background

In March 1989, the ARRT adopted the “Oil Spill Response Checklist: In Situ Burning” for use by a party responding to a spill. The checklist was subsequently revised and approved by the ARRT in July 1992. In February 1991, the ARRT approved the “Alaska Regional Response Team In Situ

5 Revision 1-August 20081. Introduction

Burning Memorandum of Agreement: Beaufort and Chukchi Seas and Selected North Slope Areas.” In 1994, the ARRT incorporated the In Situ Burning Guidelines for Alaska into its Unified

Plan ; the In Situ Burning Guidelines for Alaska superseded both the checklist and the memorandum of agreement. This version (Revis ion 1) updates the 1994 guidelines, but is not a pre-approval under the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). Consultation, as required by the NCP, is necessary.

In certain circumstances, the effectiveness of me chanical containment and removal is limited. In these circumstances, the use of in situ burning, alone or in conjunction with mechanical and/or chemical countermeasures, ma y minimize threats to public health and the environment.

Under the NCP, the FOSC can authorize the use of burning agents on a case-by-case basis after obtaining concurrence from the U.S. Environmental Protection Agency and state representatives to the regional response team and in consultation with the U.S. Department of the Interior (DOI) and U.S. Department of Commerce (DOC) natural resource trustees when practicable. In Alaska, the DOI and DOC ARRT representatives are t he DOI and DOC natural resource trustee representatives, respectively. From a federal perspective, “burning agents” must be authorized according to the provisions of the NCP, 40 CFR Part 300.910. The use of in situ burning is regulated by Subpart J of the NCP, the Clean Air Ac t, the Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990, and State of Alaska law.

From a state perspective, in situ burning cons titutes an open burn for which approval is required under Alaska air quality regulations (18 AAC 50.065) . By following these guidelines, the SOSC can approve in situ burning. The state’s air quality r egulations incorporate this document by reference
in 18 AAC 50.035.

In Alaska, federal and state agencies consider applications for in situ burning under the Unified

Plan and a unified command system that join the FOSC and SOSC in decision-making. The
Unified Plan states that “whenever there is an in cident involving more than one agency with jurisdiction, the Unified Command is implemented.”



### Updates in this Revision

This is Revision 1 of the In Situ Burning Guidelines for Alaska. It updates the original guidelines that were incorporated into the Unified Plan in 1994. Revision 1 includes the following changes:

**•** Revision 1 is not a pre-approval under the NCP . Rather it provides for case-by-case
consideration of the use of in si tu burning of petroleum discharges.

**•** The safe distances recommended between an in situ burn and populated areas are refined.
See Section 3.

**•** The “ISB Review Checklist” and “Application fo r ISB” in the 1994 guidelines are streamlined. The new forms are “Application and Burn Plan” and “FOSC/SOSC Review Checklist.”

**•** The new safe distance guidelines are based on the smoke plume’s predi cted concentrations of
PM 2.5 . The 1994 guidelines were based on PM 10 concentrations. The change takes into account the new National Ambient Air Quality Standards for PM 2.5 that became effective in

6 Revision 1-August 20081. Introduction

1997. See Section 3. These guidelines are c onsistent with the revised national air quality standards (35 **μ** g/m 3 for PM 2.5 ).

**•** Revision 1 assumes that maintaining safe distances between populated areas and harmful
levels of PM 2.5 will also provide an adequate buffer to protect populated areas from air toxics and all other byproducts of combustion.

**•** The new version of the smoke plume trajectory model, ALOFT-FT-Flat Terrain version 3.04 for PC, distinguishes between flat, complex terrain , and water scenarios. This refinement is reflected in the new safe distance guidelines. See Section 3.

**•** Safe distance prediction uncertainty is ex pressed in graphs of mixing height and wind speed effects in McGrattan et al. (1997). Predicted distances are no longer multiplied by a factor of 2 to produce safe distance guidelines.

**•** Revision 1 considers the results of in situ burning studies reported in the proceedings of the International Oil Spill Conferences and the Ar ctic and Marine Oilspill Program Technical Seminars, in situ burning guidance of other Regional Response Teams, and guidance from the National Response Team.

**•** Revision 1 includes residue collection as a c ondition of authorization, when practicable.

**•** Revision 1 includes, as a condition of authorizat ion, requirements for visual monitoring and/or sampling of the smoke plume (in accordance with the Special Monitoring of Applied Response Technologies (SMART) protocols) during a burn where there is a potential to impact populated
areas. See Section 3.

**•** The process for considering the use of in si tu burning in all environments (inland and marine) is

addressed.

**•** Discussions of the importance of in situ burning in Alaska and general issues of smoke, residues, and toxicology are updated.

**•** Revision 1 incorporates Endangered Species Act compliance in accordance with the “Interagency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities
Under the Federal Water Pollution Control Ac t’s National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act (ESA MOA)”

.

7 Revision 1-August 20081. Introduction

8 Revision 1-August 2008 (This Page Intentionally Blank)2. Operational Considerations



### 2. OPERATIONAL CONSIDERATIONS

The in situ burning operations discussion in this se ction supports Parts 1 and 2 of the Application and Burn Plan and Steps 1 and 2 of the FOSC/SOSC Revi ew Checklist. In Step 1, the FOSC/SOSC decides whether in situ burning is an appropriate response option, when considering mechanical containment and recovery and/or the use of dispersants. In St ep 2, the FOSC/SOSC determines whether in situ burning is feas ible under the spill circumstances.



### In Situ Burning in Relation to Mechanical Recovery

When mechanical recovery is unfeasible, ineffective, and/or insufficient, removing oil from the water or from land by in situ burning may provide in creased protection for fish, wildlife, and sensitive environments, as well as commercial, subsistence, historic, archaeological, and recreational resources. In situ burning may (1) prevent the resources from coming into contact with spilled oil; (2) reduce the size of the spill and thus the amount of spilled oil affecting natural resources and/or historic properties; (3) allow the natural resource s to recover more quickly; and/or (4) provide the most effective means to remove oil from water prio r to shoreline impacts in broken ice conditions, in remote or inaccessible areas, and/or when contai nment and storage facilities are overwhelmed.



### Optimal Conditions for Burning

Table 1 summarizes the optimal conditions for in si tu burning. Oil thickness and emulsification have the greatest effects on ignition and burn efficiency. Most types of oil burn readily. However, the difficulty of establishing and maintaining slick thick ness of lighter oils and ac hieving ignition of heavier oils make in situ burning less feasible for some oils, such as diesel and Bunker C.



### O il Thickness and Containment

Thicker layers of oil more readily ignite and sustai n a burn. A minimum thickness of 2 to 3 millimeters of oil may be required for ignition (ASTM 2003) regardl ess of oil type. The thickness necessary for successful ignition increases with weathering and visco sity of oils. For example, minimum ignitable thicknesses for Alaska North Slope crude oil are esti mated at 1 millimeter for fresh, volatile crude; (S.L. Ross 1997). Once the slick has been ignited, combustion is sustained as long as the slick maintains some minimum thickness, esti mated to be about 1 millimeter (ASTM 2003).

Thicker layers of oil also burn more efficiently . The U.S. Environmental Protection Agency (1991) reported that in a slick of 10 m illimeters thickness, approximately 80 to 90 percent of the oil burned. In a slick of 100 millimeters thickness, approx imately 98 to 99 percent of the oil burned.

9 Revision 1- August 20082. Operational Considerations

Table 1 Optimal Conditions for Effective Burning of Alaska North Slope Crude Oil

Considerations Conditions for Effective Burning

Oil thickness Minimum 2 to 3 mm for ignition.

Efficiency (percent of oil in the boom removed by burning) increases with

increased thickness.

Emulsification Less than 25% water content.

Efficiency and ease of ignition decrease with increasing water content.

Weathering Relatively fresh oil (less than 2 to 3 days of exposure) is best for ignition.

Difficulty of ignition increases with further weathering.

Weathering times may vary among crude oil types and weather conditions.

Wind Less than 20 knots for ignition.

Waves Waves impact boom effectiveness and combustion primarily by causing splashover.

Less than 3 ft in choppy, wind-driven seas is optimal (short-period waves, less than 6 seconds).

Less than 5-6 ft in large swells is optim al (i.e., long-period waves, greater than 6 seconds).

Currents Less than 0.75 knots relative velocity between the fire boom and the water is optimal to reduce oil ent rainment beneath the boom.

Ice Variable effects depending upon the natur e and concentration of the ice.

Where ice contains the oil and prevents it from spreadi ng, the burn can remove a high percentage of the natur ally contained slick.

Isolated floes may interfere with boomi ng operations by filling collection areas, preventing oil from building up within the co llection area, blocking the flow of oil to skimmers, and even damaging containment booms and skimmers. Likewise, ice can build up within fire booms and preclude the effective use of burning within the

boom.

Adapted from Alyeska Pipeline Service Company, 1996.

In many situations, spilled oil is concentrated by containment to achi eve the optimal thickness level. Fire-resistant boom contains oil best when deployed in a catenary mode and towed at speeds of less than 0.35 m/s (~3/4 knot) (ASTM 2007). At gr eater speeds, oil is lost under the boom by

entrainment.

Ice concentrations of approximately 8 tenths cove rage or greater may provide good containment for oil trapped between ice cakes and floes (Industry Task Group 1984). In pack ice conditions in Cook Inlet and on the North Slope, oil can be contained by the reduced area available for spreading, the cold surface waters, and the reduced influence of wind. During field tests conducted by Buist and Dickins (1987), ice cover “dramatically reduced” the spread of oil.

10 Revision 1-August 20082. Operational Considerations

Solid ice on the North Slope can contain oil as follows (Industry Task Group 1984):

**•** Landfast sea ice provides barriers to the spread of oil spilled on or beneath it.

**•** During the solid-ice period, cold air temperatures, surface roughness, and snow limit the spread of oil and reduce evaporative losses, t hus enhancing in situ burning operations.

**•** Oil on early spring ice accumulates in melt pools, and subsurface oil slowly migrates to the surface through brine channels and cracks.

**•** During freezeup, spilled oil becomes c ontained by new thin or slush ice.

Guenette and Sveum (1995) found that fresh crude and emulsions can be burned uncontained on open water. The wind-herding effect of the burn allows the slick to maintain sufficient thickness to
burn at similar efficiencies to contained burns . The burning, uncontained emulsion slicks spread significantly less than the burni ng, uncontained fresh crude slicks.

Shorelines also sometimes serve as natural c ontainment for oil for in situ burning (ASTM 2003).



### Emulsification

Emulsification and water entrainment decreases ignit ability, burn rate, and burn efficiency (Buist et al. 1997). In a series of small-scale test burns, Buist (1989) concluded that for a given thickness of oil, ignition times increased only slightly with weathering but increased dramatically with emulsification.

Although not enough data are available to determine the specific water percentage that limits ignition, indications are that oil containing less than about 25 percent water will burn, while emulsions containing 70 percent water cannot be ignited (ASTM 2003).

Alaska Clean Seas conducted test burns on weathered, emulsified crude oil (Buist et al. 1996, 1997). The tests showed that Alaska North Slope crude c annot be ignited at water contents greater than 25 percent, although the results varied widely among o il types (Buist et al. 1995b). Endicott crude containing up to 25 percent water burned well, even with weathered oil. Point McIntyre crude and IFO-30 fuel oil with various water contents, however, were difficult to burn, even with no weathering.

Oil spill models such as the ADIOS model (NOAA 2005) and S.L. Ross (1997) describe

emulsification rates of oils.



### Weathering

Weathering (i.e., evaporation) decreases the ignitabilit y and efficiency of in situ burns (Buist et al. 1996). Researchers have found that weathering resu lted in the loss of volatile compounds, more difficult ignition, and slower combustion, but in some cases, a higher proportion of oil burned (Fingas and Punt, 2000). Weathering up to about 20 percent appeared not to affect the burn efficiency of crude oil. Between 20 and 35 percent, weathering increased burn efficiency, but beyond 35 percent efficiency declined.

11 Revision 1-August 20082. Operational Considerations



### Waves

In test burns, wave energy increased the burn rate of thicker unemulsified slicks (10 to 20 millimeters) of fresh and weathered Alaska North Slope crude. Ho wever, waves had little effect on the burn rate of thinner slicks (2 to 5 millimeters). Although waves decreased the burn rate of emulsions of 10.3 percent evaporated Alaska No rth Slope crude, they had little effect on the burn rate for 29.1 percent evaporated oils with high water content (Buist et al. 1997).



### Burn Volumes

Burn rate is relatively independent of physical condi tions and oil type. Oil burns at a rate of about 0.07 gallons/square foot/minute, or about 100 gall ons/square-foot/day (AST M 2003). This means that a single 500-foot fire boom, positioned in a U configuration to intercept a spill, provides enough burn area to sustain a burn rate of 15,000 barrels per day. Three such U configuration booms working in a collection-relocation-and-burn mode c ould burn approximately 8,000 barrels of oil during a 12-hour period, with only one U configuration burning at a time (Fingas and Punt, 2000).



### Residues

The responsible party or applicant is required to have a plan for residue collection. Section 4 discusses the toxicological aspects of burn residues

. The toxicological properties and effects of the residue demonstrate the need and importance of a re sidue recovery plan which is an operational requirement.

Volume and Chemical Composition. The volume of residues produced by in situ burning is much lower than the original volume of the oil (T able 2), and is altered in chemical composition and physical properties from the oil. During a burn, the lighter, lower-boiling-point hydrocarbons are eliminated, while the heavier, higher-boiling-point hydrocarbons are concentrated in the residue. (Trudel et al., 1996) found that the majority of burn residues are composed of non-volatile compounds with boiling points greater than 538 **°** C. Burn residues from crude oils contained no volatiles with boiling points less than 204 **°** C; all contained some portion of t he medium-volatility compounds with boiling points between 204 **°** C and 538 **°** C. Burn residues may be less toxic than the parent oils, because the volatiles such as benzene, naphthal ene, and benzopyrenes are nearly absent (S.L. Ross, 1997). Environment Canada carried out several series of burns on heavy oils and characterized the residues fully (Fingas et al., 2005) . They found that the PAHs in the residue were pyrogenic – deriving from the fire and there were fe w residual PAHs from the oil itself. Models were developed to predict the overall com position and density of the residue.

12 Revision 1-August 20082. Operational Considerations

Table 2 Residue Produced During the Newfoundland Offshore Burn Experiment

Variable Burn 1 Burn 2

Volume of oil discharged (m 3 ) 48.3 28.9

Residue in fireproof boom after the burn (m 3 ) 0.2 (max.) 0.1 (max.)

Residue in backup boom after the burn (m 3 ) 0.2 (max.) 0.3 (max.)

Burn efficiency >99% >99%

Density (g/mL at 15 **°** C) (density of sea water is 1.025) 0.9365

Data from Fingas et al., 1994.

Physical Properties. Burn residues are more dense and viscous than oil. During two test burns with Alaska North Slope crude oil, one with fres h, unweathered oil and the other with weathered, emulsified oil, the residues in both cases sank a fter the residue had cooled (Buist et al. 1995a and b).
Table 3 lists the densities of Alaska North Sl ope crude oil residues after several test burns.

Table 3 Characterization of Residues from Laboratory Test Burns of Alaska North Slope Crude

Thickness of Oil Slick

Variable 5 cm 10 cm 15 cm

Burn efficiency 84.9% 91.6% 90.9%

Density (in g/cm 3 ) at 15 **°** C (density of normal sea water is 1.025) 1.025 1.075 1.045

Adapted from Tables 4 and 5, Buist et al., 1995.

Residues from in situ burns vary greatly in c onsistency. Tests on Alaska North Slope crude oil produced residues ranging in consistency from a “sem i-solid not unlike cold roofing tar” for fresh, unweathered oil, to residue in the form of a “brittle solid” for weathered, emulsified oil (Buist et al. 1995a and b). The 15,000- to 30,000-gallon test burn during the Exxon Valdez spill produced about 300 gallons of “stiff, taffy-like residue that coul d be picked up easily” (Allen 1990). Emulsion residues can be less viscous and more difficult to recover than residues from fresh crude. Burns from heavy
oils resulted in residues that were often solid and glassy (Fingas et al., 2005). Floating, tar-like residue can be removed manually with sorbents, nets, or other similar equipment. However, recovering the less-burned residue from emulsion burns, which can include unburned oil and emulsions, may require special equipment (Guene tte and Sveum 1995). Residues of some oils, including Alaska North Slope crude, may sink as they cool, even in sea water. It should be noted that the cooling rate of the residue is slow and this ma y allow a few hours to recover the residue before it sinks (Fingas et al., 2005).

13 Revision 1-August 20082. Operational Considerations



### Monitoring, Sampling, and Trial Burns

In situ burn operations should incorporate constant visual monitoring of the smoke plume’s behavior. The FOSC/SOSC will jointly ensure the monitoring of smoke plumes for all in situ burns. Burn monitoring teams will be quickly organized, and if po ssible, deployed prior to conducting any trial or operational burn. If practicable, this will include, fo r all burns, visual monitoring of the smoke plume’s behavior. In addition, air monitoring will be conduc ted during the burn operation whenever there is a potential to impact populated areas.

The Unified Command should consider additional sa feguards when appropriate such as use of the NRT’s SMART protocols for monitoring burns. (See http://response.restoration. noaa.gov/book_shelf/648_SMART.pdf )

Information from burn monitoring will be cont inuously evaluated to ensure the burn is being conducted safely. Weather and sea conditions will al so be continuously monitored. In the event burning conditions become unfavorable and/or if it poses a threat to safety or public health, the burn will be extinguished.

A trial burn should be conducted (if practicable) to verify predict ed plume direction and dispersion distance downwind before authorizing continued burning operations. When performing inland burn operations the FOSC and SOSC will utilize t he Incident Command System / Unified Command System to coordinate with appropriate land managers and other stakeholders (e.g., borough and city officials).

Federal and/or State natural resource trustees may request, on case-by-case basis, that natural resource trustee representative(s) be included on the in situ burn monitoring team (e.g., if threatened or endangered species are, or may be, present in the area; if burning is conducted on Federal or State-managed lands; or if in situ burning is conducted near a migrator y bird colony). See Appendix 5 for a list of air quality monitoring equipment in Alaska.



### S afety of Personnel

A site safety plan for in situ burning is required. Occupational Safety and Health Act regulations (29 CFR 1910.120) specify that employers are responsib le for the health and safety of employees in response situations. Generally, the in situ site safety plan is an appendix to an umbrella site safety plan covering the entire spill response (NRT 1997b). T he combination of the general site safety plan and the appendix site safety plan for in situ burning must include the elements listed in 29 CFR 1910.120(b)(4).

Incorporated here by reference for guidance is “G uidance for Developing a Site Safety Plan for Marine In Situ Burn Operations,” written by the National Response Team’s Science & Technology Committee (1997a). Alyeska Pipeline Service Com pany’s “Supplemental Information Document: Burning as a Response Tool” (1996) also prov ides suggestions. There are a number of other,

excellent resource documents available to assist with decision-making.

Safety concerns associated with in situ burning include the following:

14 Revision 1-August 20082. Operational Considerations

**•** Fire hazard. In situ burns are monitored to ensur e that fire does not spread to adjacent
combustible material. Care is taken to control the fire and to prevent secondary fires. Personnel and equipment managing the process are protected.

**•** Ignition hazard. Ignition of the oil slick receives careful consideration. Involvement of aircraft for aerial ignition with gel or other ignition methods is coordinated. Weather and water conditions are kept in mind, and safety distances are set and adhered to.

**•** Extinguishing and controlling the burn. An in situ burn on water may be extinguished by increasing the tow speed so that oil is entrained in the water, by slowing down to reduce the rate at which the boom encounters oil, or by releasi ng one side of the oil containment boom. In the test burn during the Exxon Valdez spill, Allen (1990) noted that the area of the burning oil was easily controlled by adjusting the speed of the towing vessels.

**•** Vessel safety. In situ burning at sea involves several vessels working in relatively close proximity to each other. Vessels and crews work ing in these conditions should have practiced the techniques involved with in situ burning.

**•** O ther hazards. Training and safety guidelines are a part of all in situ burning operations. Working under time constraints may impair judgment or increase the tendency to attempt costly shortcuts. In Alaska, personnel may be expos ed to extreme cold. Personnel may also be exposed to extreme heat from the fire.



### Wildlife

In accordance with the Endangered Species Ac t (ESA) Memorandum of Agreement (MOA) emergency consultation process, when a threat ened or endangered species and/or their critical habitat(s) are, or could be present, in the area a ffected by a proposed in situ burn, U.S. Department
of Commerce-National Marine Fisheries Service and/or DOI-Fish and Wildlife Service representatives will provide the FOSC with timely recommendations to avoid and/or minimize impacts to listed species and/or their critical habitat. These re commendations may include horizontal and vertical separation distances between (1) in situ burning-related aircraft/motorized vessels and concentrations of listed species and/or portions of their critical habitat (e.g., sea lion haul outs); and/or (2) the in situ burn and concentrations of listed species and/or portions of listed species’ critical habitat (e.g., sea lion rookeries). [N ote: When a threatened or endangered species and/or their critical habitat(s) are, or could be pres ent in an area affected by incident-related response activities, the FOSC needs to in itiate emergency consultation by contacting the NOAA and/or the DOI ARRT contacts to request endangered species exper tise.] These recommendations may also be made where non-listed species are present in, or adjacent to, the area where an in situ burn is proposed.

In addition, depending on the circumstances of an incident, Federal and State natural resource trustees may recommend that, where possible, wildlif e that are present in, or adjacent to, the area where an in situ burn is proposed, be deterred away from the area.

15 Revision 1-August 20082. Operational Considerations

16 Revision 1-August 2008 (This Page Intentionally Blank)3. Safe Distance



### 3. SAFE DISTANCE

The safe distance discussion in this section suppor ts Part 3 of the Application and Burn Plan and Step 3 of the FOSC/SOSC Review Checklist. In Step 3, of the decision-making process, the FOSC/SOSC determine whether the burn may be conducted at a safe distance from populated areas. In situ burning is not authorized if it does not meet public health regulatory standards. The FOSC/SOSC may use Table 4 for general safe dist ance guidance. They may use Table 5 in place of Table 4 in Cook Inlet and on the North Slope. In Step 6 of the FOSC/SOSC Review Checklist,
the FOSC/SOSC determine whether to conduct an in situ burn. A decision to conduct an in situ burn may include conditions to protect human health.

The “safe distances” are designed to meet the mo st recent state and federal air quality public health regulatory standards in populated areas. Ai r monitoring (in accordance with the SMART protocols) must be conducted during the burn operat ion whenever there is a potential of impacting populated areas to ensure the public health and safety standard is not exceeded.

In unpopulated areas, the safe separation distances are not necessary for burn authorization. For populated areas on flat land and on water within 3 miles of shore, the FOSC/SOSC, working within the Unified Command, may authorize burning 3 miles or more upwind. The FOSC/SOSC may also authorize burning on marine water that is 3 miles or more from shore and 1 mile or more upwind from populated areas.

A computer model has predicted the greatest dow nwind distance at which the smoke plume’s particulate matter of 2.5 microns or less in diameter (PM 2.5 ) diminishes to 65 micrograms per cubic meter averaged over one hour at ground level in flat terrain. At that distance, concentrations of

soot and chemicals in the smoke are well below the National Ambient Air Quality Standards. In unpopulated areas, the safe separation distances are not necessary for burn authorization. To help determine whether an area that could be a ffected by an in situ burn smoke plume is unpopulated, the Unified Command will consult with land managers and (to the extent practical) land owners of the area to help determine whether there may be individuals using the area for activities including, but not limited to, fishi ng, hunting, berry picki ng, camping, boating, backpacking, and/or conducting research. The Un ified Command may require further verification by aerial reconnaissance or some similar means.

Note: Another alternative to using computer model s is to use predictors based on actual fires. Such a system is presented in Environment Canada’s handbook on in situ burning (Fingas and Punt, 2000). The advantages of this system are t hat it is based on actual burns and factors in many conditions. The disadvantage of this system is that exact weather conditions or terrain cannot be factored in. On the other hand, the weat her conditions prevalent at the time of the actual burns represent the typical c onditions under which one might burn.

In some conditions in populated areas, the FOSC /SOSC may authorize in situ burns without relying on computer predictions. The predictions apply only to distances beyond 1 kilometer and to flat terrain. However, the FOSC/SOSC may author ize in situ burns closer to populated areas and in hilly terrain, if their best professional judgment is that the smoke will not expose populated areas

17 Revision 1- August 20083. Safe Distance

to emissions exceeding the National Ambient Ai r Quality Standard concentrations averaged over

one hour.



### T he Public Safety Criterion

The safe distance separating populated areas from in situ oil burns is the downwind radius from
the fire at which smoke PM 2.5 concentrations at the ground diminish to 35 micrograms per cubic meter averaged over one hour. The safe distance guidelines are based on the predictions of a computer model, ALOFT-FT-Flat Terrain model 3.04. The safe distance meets the National Ambient Air Quality Standards for particulate matter in flat terrain and is also used as the indicator that populated areas will not be exposed to unsafe levels of all other smoke components.

As noted previously, these guidelines were init ially updated to meet the National Ambient Air Quality Standard (NAAQS) of PM 2.5 and 65 **μ** g/m 3 for public health and safety requirements. The standard was subsequently revised to 35 **μ** g/m 3 . These guidelines are consistent with the revised national air quality standard. However, when prac ticable air monitoring (in accordance with the SMART protocols) must be conducted during the burn operation whenever there is a potential of impacting populated areas. This action is necessa ry to ensure the standard is not exceeded for populated areas, and to validate predictive models used in this document.

Computer modeling was used so that real-time ai r sampling of the smoke plume is not necessary during an in situ burn. However, visual monitoring of the plume is required. Fifty-six scenarios in Cook Inlet and the North Slope were modeled by the program, and the worst-case predictions were used to develop the safe distances. Incorpor ated here by reference is “In Situ Burning Safe Distance Predictions with ALOFT-FT Model” (Bronson 1998), which explains how the safe distances were predicted.

PM 2.5 reflects the size of particulates that pos e the greatest human health hazard. The National Response Team noted that if the particulate matter standard is “exceeded substantially, human exposure to particulates may be elevated to a degr ee that justifies terminating the burn. If particulate levels are generally below the limit, with only minor transitory incursions to high concentrations, there is no reason to believe that the population is unacceptably exposed above the accepted National Ambient Air Quality Standard for the burn” (NRT 1995). Furthermore, safe

PM 2.5 concentrations indicate safe concentrati ons of other emissions (Bronson 1998).

The factor of 2 that was applied to the downwi nd distance predictions in the 1994 in situ burning guidelines (ARRT 1994) is replaced as the means to incorporate uncertainty in the safe distances. Uncertainty in the predictions is now shown in the diagrams introduced by McGrattan et al. (1997) and discussed by Bronson (1998).

18 Revision 1-August 20083. Safe Distance



### S afe Distance in Populated, Flat Terrain

The FOSC/SOSC determines whether the flat te rrain safe distance guidelines apply through the use of topographic maps and on-scene weather information. Among the conditions of

authorization is that the in situ burn lies a safe distance from populated areas.

Table 4 lists the general safe distances separating an in situ burn and downwind, populated areas on flat terrain using the computer model. Figures 1 through 4 show bird’s-eye and cross-sectional
views of the safe distances.

Table 4: Safe Distances Between In Situ Bu rns and Downwind Populated areas in Flat Terrain

(see Table 5 for Cook Inlet and North Slope Safe Distances)

Location of Fire Green Zone Yellow Zone Red Zone

Flat terrain on land

Water <3 miles from shore >3 miles 1 to 3 miles <1 mile

Water >3 miles from shore >1 mile not applicable <1 mile

The green zone safe distance on water more than 3 miles from shore, is 1 mile from populated areas. In these circumstances, the green zone originates immediat ely after the red zone without a buffering yellow zone. Yellow zones are used onl y in populated areas where there is potential

exposure.

The green zone safe distance on land or on water less than 3 miles from shore is 3 miles from populated areas. Burning at a green zone safe distance from populated areas is acceptable following Level 1 public notification as outlined under “Notification Levels”.

The yellow zone distance extends from 1 to 3 miles downwind of an in situ burn, and within 45 degrees of the smoke plume, when the burn is on l and or on water within 3 miles of shore. The quadrant shape of the zone protects populated areas from smoke subjected to minor wind shifts. The FOSC/SOSC may authorize burning following Level 2 and Level 3 public notifications, warning, and sheltering in place or evacuati on as outlined under “Notification Levels”.

The red zone distance is within 1 mile of any in situ burn and within 45 degrees of the smoke plume. The FOSC/SOSC may authorize burning in the red zone following public notifications, warnings, and sheltering in place or evacuati on, and if the FOSC/SOSC’s best professional judgment supports the expectation of PM 2.5 less than 35 micrograms per cubic meter, 1-hour average in populated areas. (See “Notification Levels”)

19 Revision 1-August 20083. Safe Distance

20 Revision 1-August 2008 The red zone radius takes into account that the risk of smoke exposure becomes greater close to the fire. In addition, the ALOFT-FT model does not predict the behavior of smoke close to the fire before it lofts. The red zone downwind boundary also lies downwind of the expected in situ burn operations site safety area. For example, a 1,000-foot radius around an in situ burn of oil in a fire boom may be designated as the worker site safety zone by the site safety officer.

The Table 4 rules apply only in the following situations:

**•** In the vicinity of populated areas

**•** For a burn of any size from a single source

**•** For simultaneous burns less than 100 yards apart

The Table 4 rules do not apply in the following situations:

**•** In unpopulated areas

**•** In situ burns less than 3 miles upwind of te rrain that rises more than 10 percent of the mixing layer height

**•** For simultaneous burns more than 100 yards apart3. Safe Distance

Figure 1: Zones for In Situ Burns on Populated Flat Land, and on Water Within 3 Miles of Shore

The dashed circle shows an example of a 1, 000-ft radius site safety zone for workers, determined under a separate site safety plan. 45 o

45 o

Red Zone 1 mile

3 miles Green Zone

Yellow Zone

21 Revision 1- August 200822 Revision 1-August 2008 Intentionally blank (color figure on front)3. Safe Distance23Revision 1-August 2008Downwind distance from fire (miles)1 2 3 4 5 6 7 8 9 10 11 125000

Altitude (feet)350030002500200015001000Green ZoneYellowZoneRedZone

Altitude (miles)Downwind distance from fire (miles)Green ZoneYellow ZoneRed Zone101234Figure 2. Example of Zones for an In Situ BurnOver Land or on Water Within 3 Miles of ShoreALOFT-FT model projection for a burn of 5,000 squarefeet of oil in Cook Inlet during the summer.PM2.5 concentrations (micrograms per cubic meter)200150100653. Safe Distance24Revision 1-August 2008Intentionally blank (color figure on front)3. Safe Distance

Figure 3: Zones for In Situ Burns on Water more than 3 Miles from Shore

1 mile

Red Zone Green Zone

The dashed circle shows an example of a 1,000-ft radius site safety zone for workers, determined under a separate site safety plan.

25 Revision 1-August 20083. Safe Distance

26 Revision 1-August 2008 Intentionally blank (color figure on front)3. Safe Distance27Revision 1-August 2008Figure 4. Example of Zones for an In SituBurn on Water at least 3 miles from ShoreALOFT-FT model projection for a burn of 5,000 squarefeet of oil in Cook Inlet during the summer.300025002000150010005000

Altitude (feet)1 2 3 4 5 6 7 8 9 10 11 12Downwind distance from fire (miles)RedZoneGreen ZonePM2.5 concentrations (micrograms per cubic meter)20015010065

Altitude (miles)Downwind distance from fire (miles)RedZoneGreen Zone1012343. Safe Distance28Revision 1-August 2008Intentionally blank (color figure on front)3. Safe Distance



### Authorization in Cook Inlet and on the North Slope

Table 5 summarizes the results of computer m odeling of in situ crude oil burns involving meteorological conditions typical of Cook Inlet and of the North Slope in flat terrain. The table lists the greatest downwind distances at which concentrations of PM 2.5 are expected to reach 65 micrograms per cubic meter at ground level. The FOSC/SOSC may use the predictions in Table 5

as safe distances for burns over flat terrain in Cook Inlet and on the North Slope instead of the green zone distances in Table 4.



### PM 2.5 

### National Ambient Air Quality Standard

The PM 2.5 safe distance criteria in these guidelines we re revised in the late 1990s to reflect the National Ambient Air Quality Standards’ 65 microgram per cubic meter threshold. The standard was subsequently revised to 35 **μ** g/m 3 in 2006. These guidelines are consistent with the latest revision of the fine particulate standard. To enhance the FOSC/SOSC’s understanding of fine particulate levels downstream of a burn, air moni toring (in accordance with the SMART protocols) must be conducted during the burn operation whenev er there is a potential of impacting populated

areas to ensure the standard is not exceeded.

The 1-hour period follows the recommendations of the National Response Team Science & Technology Committee (1995) and reflects the lack of a formal short-term exposure limit for particulate matter.

The national primary and secondary ambient air qua lity standards for particulate matter now include the standard of 35 micrograms per cubic meter 24-hour average concentration measured in the

ambient air as PM 2.5 . The PM 2.5 24-hour standard is met when the 3-year average of the annual 98th percentile concentration values of measurement s over 24-hour periods at monitoring sites is less than or equal to 35 micrograms per cubic meter.

29 Revision 1-August 2008Table 5 ALOFT-FT Predictions of Downwind Safe Distances for Ground-Level PM 2.5 Concentrations of 65 Micrograms per Cubic Meter over Flat Terrain. Simulations are based on atmospher ic conditions typical of Cook Inlet and the North Slope.

Burning Area Season Regional Wind Downwind Distance (miles)
Source of Meteorological Data Speed (knots) Land Water

8 <0.6 <0.6

Summer Cook Inlet 16 1.5 <0.6

2,500 square feet 23 1.8 <0.6

North Slope 8, 16, 23 <0.6 <0.6

Winter Cook Inlet and 8, 16 <0.6 <0.6

North Slope 23 0.9 <0.6

8 <0.6 <0.6

Summer Cook Inlet 16 1.2 <0.6

5,000 square feet 23 2.4 <0.6

North Slope

Winter Cook Inlet and North Slope 8, 16, 23 <0.6 <0.6

10,000 square feet Summer
and Winter Cook Inlet
and North Slope 16 <0.6 <0.6

Adapted from Bronson, 1998.



### Co nsideration of Moving Source

The FOSC/SOSC may consider that a moving in situ burn may expose populated areas to less smoke than a stationary fire. Even in a yello w zone, populated areas may not become exposed to smoke for very long if the smoke plum e is transiting over a population.

For example, the smoke from a continuous in situ burn in Cook Inlet may blow over the city of Kenai, borne by a wind from the west. Concurrently , the tidal current carries the fire and its smoke plume southward at several knots. The width of the plume passes over a residential area in a matter of 15 or 20 minutes. Thus, at a point in Kenai where the smoke’s PM 2.5 concentration equals 35 micrograms per cubic meter, the plume’s s hort duration there brings the 1-hour average exposure well below 35 micrograms per cubic meter.

30 Revision 1-August 20083. Safe Distance



### Co nditions of Authorization

An authorization to conduct an in si tu burn as practicable, includes:

1. Visually monitoring the resulting smoke plume.

2. Collecting the resulting burn residue.

3. Notifying and/or warning populated areas in pr oximity to any of the three safe distance

zones.

4. Other conditions, as needed, to protect hum an health as imposed by the FOSC/SOSC.

5. Air monitoring (in accordance with the SMAR T protocols) whenever there is a potential of impacting populated areas.

In addition, an authorization to conduct an in situ burn may also include other requirements, such as the inclusion of natural resource trustee repr esentative(s) on the in situ burn monitoring team.



### Notification System

The notification system is in pl ace for the possibility that the modeled in situ burn smoke plume does not dissipate as expected. Four warning le vels are to be used which correspond to the air quality standards listed in Table 7 below. Met hods for notifying populated areas may include, but are not limited to: radio and television broadcasts; ai rcraft advisories; broadcasts to mariners; road closures; marine safety zones; and use of handheld radios, cell phones, satellite phones, and/or fixed or rotary-wing aircraft.

The notifications may also be used for shelteri ng in-place or evacuating small numbers of people for a short period of time (e.g., fishermen, hunters, backpackers, recreational boaters, rural residents, offshore platform operators, pum p station and/or highway camp personnel).



### No tification Levels

Level 1, general notification , is public notification/warning to people in populated areas within or near the green, yellow, and red zones that burning is (or will be) occurring and the area is to be avoided for a specific period of time. The FO SC/SOSC will implement Level 1 notification upon their discretion, or when modeled air emission patte rns indicate a particulate matter level greater than state air quality alert/warning levels.

Level 2, alert notification , is public notification/warning involv ing a medical alert to persons with existing conditions that put them at risk to air quality degradation. It is used when the ALOFT-FT model predicts airborne PM 2.5 concentration is anticipated to exceed 35 micrograms per cubic meter 1-hour average in a populated area. The FO SC/SOSC will implement Level 2 notification upon their discretion, or when m odeled air emission patterns indicate a particulate matter level greater than state air quality alert/warning levels.

Level 3, warning notification , is public notification/warning in the yellow zone for in-place sheltering for a specified period of time. The FOSC/SOSC will implement Level 3 notification upon their

31 Revision 1-August 200832 Revision 1-August 2008 discretion, or when modeled air emission patterns i ndicate a particulate matter level greater than state air quality alert/warning levels.

Level 4, emergency notification , is public notification/warning that includes the evacuation/relocation of small numbers of people for a specific period of time from within the yellow and/or red zones. The FOSC/SOSC will implement this emergency notific ation at their discretion, or when modeled air emission patterns indicate a particulate matter level greater than state air quality alert/warning levels. The authority to order such an evacuati on is vested in local government or, if no local government exists, state officials. In the event there are individuals on Federally-managed lands, the FOSC will work with the appropriate land manager(s) to implement temporary evacuation/relocation and closure procedures.

It should be noted that in situ burns authorized in accordance with these guidelines, using a safe distance, should not ordinarily require Level 2, 3, or 4 notifications.



### Po st-Authorization Requirements

1. A Unified Command decision document will be generated specifying conditions for approval of the in situ burn operation. (See Appendix 3 for a sample decision document)

2. An evaluation of the ISB operations will be included in the Unified Command after action report as required by the NCP.4. Public Health and the Environment



### 4. PUBLIC HEALTH AND THE ENVIRONMENT

Information on public health considerations in th is section provides background information in support of Part 3 of the Application and Bu rn Plan and Step 3 of the FOSC/SOSC Review Checklist. In Step 3, the FOSC/SOSC determi ne whether the burn may be conducted at a safe distance from populated areas. Information on env ironmental considerations in this section supports of Step 4 of the FOSC/SOSC Review Che cklist. In Step 4, the FOSC/SOSC receive input and determine whether potential effects of an in situ burn on environmental (and other) considerations will be adequately addressed.



### P ublic Health Considerations

Smoke from in situ burns contains chemical s and particulates that may be toxic, much like emissions from motor vehicles, power plants, wood stoves, and slash burning.

Table 6 lists the air quality thresholds for many smoke plume components. Table 7 describes the health effects associated with the pollutants.

33 Revision 1-August 20084. Public Health and the Environment

34 Revision 1-August 2008 Table 6 Air Quality Standards

Averaging Periods Contaminant (units) Annual 24-hour 8-hour 3-hour 1-hour
National Ambient Air Quality Standards and Alaska State Regulatory Standards

PM 2.5 ( **μ** g/m 3 ) 15 *35 — — —
PM 10 ( **μ** g/m 3 ) 50 150 — — — CO ( **μ** g/m 3 ) — — 10 — 40

SO 2 ( **μ** g/m 3 ) 80 365 — 1,300 —
NO 2 ( **μ** g/m 3 ) 100 — — — —

OSHA Permissible Exposure Limits Total particulates (mg/m 3 ) — — 15 — — Respirable particulates (mg/m 3 ) — — 5 — —

CO (ppm) — — 50 — — **SO 2 (ppm) — — 5 — — ***NO 2 (ppm) — — 5 — — CO 2 (ppm) — — 5,000 — — PAH (mg/m 3 ) — — 0.2 — — Benzene (in VOC) (ppm) — — 1 — —
Adapted from Table 2, McGrattan et al., 1997, and Annex D, NRT, 1997b.

*NOTE: These guidelines were initially updated to meet the National Ambient Air Quality Standard (NAAQS) of PM 2.5 and 65 **μ** g/m 3 for public health and safety requirements. In 2006, the standard

was revised to 35 **μ** g/m 3 . These guidelines are consistent with the revised national air quality standard. However, air monitoring (in accordanc e with the SMART protocols) must be conducted during the burn operation whenever there is a potential of impacting populated areas.

**NAAQS has a secondary standard for sulfur dioxide (SO 2 ) for 3-hour average at 0.5 ppm or 1,300

**μ** g/m 3

.

***The OSHA PEL of 5 ppm for nitrogen oxide (NO 2 ) should not be exceeded at anytime.4. Public Health and EnvironmentTable 7Air Quality Index Values and Associated Health Effects.IndexAir Quality Level(PublicNotificationLevel)Pollutant LevelsHealth EffectGeneral HealthCautionaryValuePM2.5(24-hour)μg/m3PM10(24-hour)μg/m3SO2(24-hour)μg/m3CO(8-hour)ppmO3(1-hour)ppmNO2(1-hour)ppmDescriptorEffectsStatements500Significant Harm2806002620500.62.0400Emergency(Level 4)2105002100400.51.6300Warning(Level 3)1404201600300.41.2200Alert(Level 2)55350800150.20.6100cNAAQS(Level 1)3515036590.12a5050 % of NAAQS155080b4.50.06a000000aaNo index values reported at concentration levels below those specified by “Alert Level” criteria.bAnnual primary NAAQS.cGeneral NotificationSource: Centers for Disease ControlAll persons shouldremain indoors, keepingwindows and doorsclosed. All personsshould minimize physicalexertion.Premature death of ill andelderly. Healthy people willexperience adversesymptoms that affect theirnormal activity.Elderly and persons withexisting diseases shouldstay indoors and avoidphysical exertion.General populationshould avoid outdooractivity.Premature onset of certaindiseases in addition tosignificant aggravation ofsymptoms and decreasedexercise tolerance inhealthy persons.Elderly persons withexisting heart or lungdiseases should reducephysical activity.Significant aggravation ofsymptoms and decreasedexercise tolerance inpersons with heart or lungdisease, with widespreadsymptoms in the healthypopulation.Persons with existing heartor respiratory ailmentsshould reduce physicalexertion and outdooractivity.Mild aggravation ofsymptoms in susceptiblepersons, with irritationsymptoms in the healthypopulation.HazardousVeryUnhealthyUnhealthyModerateGoodPM2.5pollutant levels are pending with EPA. Proposed AQI revision as of April 200835Revision 1-August 20084. Public Health and Environment

Particulates. Oil burns produce soot equal to 0.1 to about 3 percent of the mass of the burned oil (Fingas and Punt, 2000). In most large-scale burns, not enough air is drawn into the fire for complete combustion. The burn continues under “starved combustion,” and produces a thick, dense, black plume of smoke composed of partially-burned byproducts in particulate (soot) and gaseous form.

Particulates are small pieces of solid materials (e .g., dust, soot) or liquid material (e.g., mist, fog, spray) that remain suspended in the air long enough to be inhaled. Particulate size plays a crucial role in health effects, because it affects how far the particles travel before they settle out of the air and how deeply they are inhaled into the l ungs. Particulates larger than 10 microns in
diameter settle 1 foot in less than a minute in st ill air, so they tend to settle in the environment quickly and generally are not inhaled. Particulates 0.5 micron in diameter, however, take 5-1/2 hours to settle 1 foot. Therefore, the smaller parti culates travel farther from the burn site before they settle out of the air (Shigenaka and Barnea 1993).

Particulates 5 to 10 microns in diameter ma y be inhaled, but most are deposited in the upper respiratory tract and cleared by mucociliary action, which is efficient and relatively rapid. Only particulates smaller than 5 microns in diameter r each the sensitive alveolar portion of the lungs. Clearance of particulates reaching this part of t he lungs is much slower and less efficient. The median size of particulates reaching the alveolar portion of the lungs is 0.5 micron. The mean size of particulates produced by an in situ burn is also 0.5 micron.

For most populated areas, exposure to parti culates only becomes a concern at high concentrations. Inhaling high doses of particu lates can overwhelm the respiratory tract and cause breathing difficulties (Shigenaka and Barnea 1993). However, for the very old and very young, and for people with allergies, respiratory problems, and cardiovascular disease, exposure to particulates can become a concer n at much lower concentrations.

Several experiments found high particulate concentra tions at ground level only close to the fire. During the Newfoundland Offshore Burn Experiment, particulates were a concern only up to 150 meters downwind of the fire at sea level; particulate levels dropped to background levels at 1 kilometer downwind of the fire (Fingas et al . 1994a). Particulates in the smoke plume were 800 to 1,000 micrograms per cubic meter near the fire. However, the PM 10 concentrations beneath the plume, even at heights up to 150 to 200 feet above the sea surface and 1 kilometer downwind, never exceeded background levels (30 to 40 micrograms per cubic meter). Groundlevel concentrations beneath a plume from an Ala ska North Slope crude oil test burn on the North Slope declined from 86 micrograms per cubic meter 0.5 mile downwind to 22 micrograms per

cubic meter 2 miles downwind. Measurements of near-ground smoke concentrations under the plume from two diesel fires in Mobile, Alabama, peaked at 25 micrograms per cubic meter 6 miles downwind in one case and 15 micrograms per cubic meter 6 miles downwind in the other (S.L. Ross, 1997 and Fingas et al., 2001)

Polynuclear Aromatic Hydrocarbons. Polynuclear aromatic hy drocarbons (PAHs) are
found in oil and oil smoke. Some PAHs are k nown or suspected toxins or carcinogens. Longterm exposure to the higher molecular weight PAHs is generally the basis for human health

concerns.

The PAHs in oil are largely consumed by com bustion. During the Newfoundland Offshore Burn Experiment, PAH concentrations were much less in the plume and in particulate precipitation at ground level than they were in the starting oil. The mass of all PAHs, including the larger or

36 Revision 1-August 20084. Public Health and the Environment

multi-ringed PAHs, was reduced by about 6 orders- of-magnitude using combustion (Fingas et al., 2001).

Westphal et al. (1994) estimated an excess c ancer risk of 5 in 100,000 from breathing or ingesting PAHs in soil after a hypothetical burn of 10, 000 gallons of crude oil. This risk is within U.S. Environmental Protection Agency guidelines for acceptable risk levels. The researchers found no concern for noncarcinogenic effects from the PAHs. They concluded that adverse health effects from exposure to PAHs “may not be a significant factor in making a burn/no burn decision.” Similarly, ASTM (2003), in assessing the results of several experimental burns, concluded: “In all cases, the quantity of PAH s is less in the soot and residue than in the originating oil . . . PAHs are not a serious concern in assessing the impact of burning oil.”

Gases. Unlike particulate matter, the gases emi tted during a burn do not pose a threat to human health, because the concentrations in the sm oke plume fall below levels of concern at very short distances downwind of a burn (S.L. Ross 1997, Bronson 1998, and Fingas et al., 2001).

Volatile organic compounds such as benzene, toluene, n-hexane, and naphthalene can contribute to acute health effects, such as nausea and headache, at high concentrations. High concentrations of volatile organic compounds we re present within about 50 to 100 meters of experimental fires (Fingas et al., 2000). Howe ver, even higher levels of volatile organic compounds are emitted from an evaporating slick that is not burning. Therefore, burning actually
results in lower air concentrations of volat ile organic compounds than other remedial actions (Westphal et al. 1994).

Carbon monoxide is a common by-product of incomp lete combustion. It is acutely toxic because it displaces oxygen from the blood and causes oxygen deprivation in the body’s cells. Carbon

monoxide was not detected in the smoke plume from the Newfoundland Offshore Burn Experiment (Fingas et al. 1994). During the Kuwait oil pool fires, carbon monoxide levels were much below levels considered to be dangerous (F erek et al. 1992). Measurements from other experiments show that at ground level 30 meters dow nwind of an in situ burn, concentrations are at or near background levels or are below detec tion levels (S.L. Ross, 1997 and Fingas et al., 2001)

Sulfur dioxide is toxic and may severely irritate the eyes and respiratory tract. Sulfur dioxide was not detected in the smoke plume from the Newf oundland Offshore Burn Experiment (Fingas et al. 1994). Measurements from mesoscale burns ranged from below detection limits to peaks of 1.2 ppm 100 feet downwind, well below the regulat ory standards (see Table 6) (S.L. Ross, 1997 and Fingas et al., 2001).

Nitrogen oxides are strong irritant s to the eyes and respiratory tr act. The maximum concentration of nitrogen dioxide found in the plume from the Ku wait oil fires was 0.02 ppm (Ferek et al. 1992),
well below the annual National Ambient Air Qua lity Standard of 0.053 ppm. Levels of nitrogen

oxides in mesoscale burns were below levels of detectability and thus below levels of concern (S.L. Ross, 1997 and Fingas et al., 2001).

37 Revision 1-August 20084. Public Health and Environment



### E nvironmental Considerations

The potential effects of in situ burning in the marine environment and in inland and upland areas are not well known or understood, and will vary depending on the specifics of each incident. Therefore, the potential trade-offs of using in situburning will be considered on an incidentspecific basis by Federal and State natural res ource trustees who have resources affected, or potentially affected, by an incident. Those resour ces include, but are not limited to: migratory birds, marine mammals, terrestrial mammals, fi nfish, archaeological and historic resources, public lands, and species and critical habitat designated under the Endangered Species Act. It
should be noted that Federal and State natural res ource trustees with responsibility for managing public lands will also provide to OSCs, avail able incident-specific information on people who may be using their lands for subsistence, recreation, mi neral exploration, research, or other purposes.

Marine Waters. The following information taken directly from Shigenaka and Barnea (1993) provides information for Federal and St ate natural resource trustees when an in situ burn is being

considered in marine water.

Potential ecological impacts of in situ burni ng have not been extensively discussed or studied. As a result, the answer to this question is largely speculative and is based on documented physical effects observed in the l aboratory and at limited test burns.

The surface area affected by in-situ burning is likel y to be small relative to the total surface area and depth of a given body of water. This does not necessarily preclude adverse ecological impacts, particularly if rare or sensitive species use the waters in question. Organisms that may be affected by in-situ burning include those that use the uppermost layers of the water column, those that might come into contact with resi dual materials, and possibly some benthic (bottomdwelling) plants and animals.

Direct Temperature Effects. Burning oil on the surface of t he water could adversely affect those organisms at or near the interface betw een oil and water, although the area affected would presumable be relatively small.

Role and importance of the surface microlayer. The surface of the water represents a unique ecological niche called the surface microlay er, which has been the subject of many recent biological and chemical studies. The microlayer, variously defined but often considered to be the upper millimeter or less of the water surface, is a habitat for many sensitive life stages of marine organisms, including eggs and larval stages of fi sh and crustaceans, and reproductive stages of other plants and animals. It is known that cod, sole, flounder, hake, anchovy, crab, and lobster have egg or larval stages t hat develop in this layer. Although mo st studies of t he microlayer have been conducted nearshore, some results suggest that even far off the east and west coasts of North America, eggs and larval stages of fish conc entrate at the surface at certain times of the year. For example, Kendall and Clark (1982) found that densities of Pacific saury larvae more than 250 miles offshore were equal to, or greater than, densities nearshore.

The surface microlayer frequently contains dense populations of microalgae, with species compositions distinct from t he phytoplankton below the microlay er. Hardy (1986) speculated the surface layer phytoplankton may play an important biogeochemical role by cycling large amounts of atmospheric carbon dioxide.

38 Revision 1-August 20084. Public Health and the Environment

The microlayer also is a substrate for microor ganisms and, as such, is often an area of elevated microbial population levels and metabolic activity . Carlucci and Craven (1986) found microlayer organisms play an active role in the metabolism and turnover of amino acids.

Potential effects of burning on the surface microlayer.

The ecological importance of the surface microlay er and the potential impacts to it from burning
activities have been discussed in a different but rela ted, context of ocean incineration. The Office of Technology Assessment (1986) not ed in an evaluation of the tec hnique, “given the intermittent nature of ocean incineration, the relatively sma ll size of the affected area, and the high renewal rate of the surface microlayer resulting from new growth and replenishment from adjacent areas, the long-term net loss of biomass w ould probably be small or non-existent.”

In large-scale burns, temperature increases in the water do not appear to be a problem. During the Newfoundland Offshore Burn Experiment, the water under the burn showed no increase in temperature, even though the temper atures at the top of the fire containment boom often reached

1000 **°** C (Fingas et al. 1994). The water probably does not heat up because ambient-temperature seawater is continually supplied below the oil layer as the boom is towed (Shigenaka and Barnea 1993)

Toxicological Considerations. Beyond the direct impacts of high temperature, the by-products of in-situ burning may be toxicologically signific ant. Although analysis of water samples collected from the upper 20 cm of the water column i mmediately following a burn of crude oil yielded relatively low concentrations of total petrol eum hydrocarbons (1.5 ppm), compounds that have low water solubility or that associate with floatabl e particulate material tend to concentrate at the air-water interface (U.S. EPA, 1986). St rand and Andren (1980) noted that aromatic hydrocarbons in aerosols originate from combus tion associated with human activities, and that these compounds accumulate in the surface microlayer until absorption and sedimentation remove them. Higher molecular weight aromat ic hydrocarbons, such as those produced by the combustion of petroleum, have been associated with the incidence of tumors and possibly reproductive disorders in populations of mari ne fish. Some of these heavier aromatic hydrocarbons are known carcinogens in humans and other mammals.

Aquatic toxicity and concentrations of petroleum hydrocarbons in the water in the vicinity of both burned and unburned crude oil slicks in the open sea is very low. No significant differences were found in the measurements of toxicity or petroleum hydrocarbons among water samples associated with unburned oil, burning oil, or post-burn scenarios (Daykin et al. 1994). Burning
does not accelerate the release of oil com ponents or combustion by-products to the water column (ASTM 2003)

Serious pathologies like tumors have generally been associated with longer-term, or chronic, exposures to the hydrocarbons. However, exposur es attributable to in-situ burning would likely be short-term and might not result in toxicologically-significant exposures.

39 Revision 1-August 20084. Public Health and Environment

Burn Residue. Both residue that floats and residue that si nks may pose some risk of toxicity or contamination to organisms in the water column (S.L. Ross 1997). Residue that floats may pose

a threat to shorelines and wildlife. The resi due may be ingested by fish, birds, and mammals. The residue also may foul gills, feathers, fur, or baleen (Shigenaka and Barnea 1993). Residue that sinks may affect benthic animals. In gener al, however, the effects are less severe than those from a large, uncontained oil spill, and no s pecific biological concerns have been identified to date (ASTM 2003). Oil samples and burn residues collected after the Newfoundland Offshore Burn Experiment were tested for toxicity to thr ee aquatic species. Neither the residue nor the oil was toxic, and the burn residue was no more toxic t han the oil itself (Blenkinsopp et al. 1997).

Residues of Alaska North Slope crude oil are likely to be sticky semi-solid s or non-sticky solids, depending on the weathering of the oil and the effici ency of the burn. Sticky residues pose a greater potential environmental risk. They may adhere to bi rds’ feathers and disrupt the waterproofing of their plumage or be ingested while the bird is preening (S.L. Ross 1997).

Sunken burn residues can affect benthic resource s that would not otherwise be significantly impacted by a spill at the surface of the water. For example, during the Haven spill in Italy in 1991, approximately 102,000 metric tons of oil burned, and the residues sank. The residue was distributed over approximately 140 square kilomete rs of seabed. Local trawl fishermen were unwilling to fish in the area for two years a fter the spill because of the expected danger of contaminating their nets and catch (Martinelli et al. 1995). In 1983, cleanup contractors ignited the main slick of a spill of Arabian heavy crude from the Honam Jade in South Korea. The fire burned intensely for about two hours, and the resu ltant burn residue sank and impacted crabs in nearby pens (Moller 1992).

Contamination is likely to be local in scale when it occurs at the sea surface or results from sinking residues that could affect certain unique populations and organisms that use surface layers of the water column at certain times to spawn or feed. In crafting an effective and protective response strategy, these effects should be weighed against effects resulting from

alternative actions.

Potential environmental trade-offs. As is the case with all response methods, the
environmental tradeoffs associated with in-situ burning must be considered on a case-by-case basis and weighed with operational tradeoffs. In -situ burning can offer important advantages over other response methods in specific ca ses, and may not be advisable in other, depending on
the overall mix of circumstances.

Pro’s

**•** In-situ burning has the potential for removing la rge quantities of oil from the surface of the water with a relatively minimal investment of equipment and manpower.

**•** Burning may offer the only realistic means of removal that will reduce shoreline impacts in areas where mechanical recovery, containment, and storage facilities may be overwhelmed by the sheer size of a spill, ar eas of heavy ice coverage, or in remote or

inaccessible areas where other counter measures are not practicable.

**•** If properly planned and implemented, in-situ bur ning may prevent or significantly reduce the extent of shoreline impacts, including ex posure of sensitive natural, recreational, and

commercial resources.

40 Revision 1-August 20084. Public Health and the Environment

**•** Burning rapidly removes oil from the environment, particularly when compared to shoreline cleanup activities that ma y take months or even years.

**•** In-situ burning has the additional attraction of moving products of combustion into the atmosphere, where they are dis persed relatively quickly.

Con’s

**•** In situ burning, when employed in its si mplest form, generates a highly-visible black smoke plume that may adversely a ffect human and other exposed populations

downwind.

**•** Burn residues, though normally a small fracti on of the oil burned, may sink, making it harder to recover the residue and to prevent the potential exposure of benthic organisms.

**•** For onshore and inland burns, plant and animal deaths and other adverse biological impacts may result from the localized temperat ure elevations at the water body surface. While these could be expected to occur over a re latively small area, in specific bodies of water at specific times of the year , affected populations may be large enough or important enough to represent reasons fo r not considering burning as a clean-up technique.

**•** The longer-term effects of burn residues on exposed populations of marine organisms have not been investigated. Additional research is necessary to investigate the long-term
effects.

Inland and/or Upland Areas. The remainder of the information in this section was taken directly from Zengel, et al 1999 and provides info rmation for Federal and State natural resource trustees when an in situ burn is being consider ed in inland and/or upland areas. The information summarizes the results of a study, where the prim ary objective was to identify the environmental conditions under which burning should be considered as a response option for oil spilled in inland and upland habitats.

Fire ecology and prescribed burning. Applicable information was gat hered from the fields of fire
ecology and prescription burning (in the absence of oil) . Prescribed fires are often used as a forest
and range management tool, and are often c onducted for the same reasons as in situ burning; fire
can be less damaging, more effective, and less co stly than chemical and intrusive, mechanical
methods (Wright and Bailey, 1982). There are many lessons already learned by prescribed fire
practitioners and fire ecologists which ar e directly applicable to the use of in situ burning of spilled oil.

In addition to literature sources, the U.S. Department of Agriculture (USDA) Forest Service maintains
a Fire Effects Information System (FEIS) whic h was used as the major source for reviewing and
summarizing information on the ecology and effects of fire on specific plant species (Fischer, 1992).

This database can be accessed over the Wo rld Wide Web at the following address,
http://www.fs.fed.us/database/feis/welcome.htm . The FEIS contains literature summaries and case
histories from a wide body of sources. Pertinent database fields include the following: fire ecology
and adaptations; post-fire regeneration strategy; immedi ate fire effect; plant response to fire; fire
management considerations; and fire case studies.

41 Revision 1-August 20084. Public Health and Environment

Such summaries should provide spill responders with better information on the potential response of
different habitat types and plant species to in situ burning. Major points from the literature review and
the FEIS ecoregion species summaries on fire effect s (in the absence of oil) are discussed below by
major vegetation type.

Trees/forests. Even if they are not killed by fire, trees genera lly take a long time to recover to pre-fire

levels of structure and dominance relative to smalle r, faster growing shrubs and grasses. Fire may
wound or scar trees, providing entry points for pat hogens (fungi, insects, etc.) that could lead to
delayed impacts or mortality as a result of fire. In situ burning in most forested areas should be
discouraged; however, for certain ty pes of settings and communities, in situ burning of surface
vegetation within forested areas may be reas onable. Burning might be reasonable for open or
savanna-like forest communities with tree species that are at least moderately fire tolerant, especially

if fire thread to trees is mini mal or actively minimized. In situ burning might also be reasonable for a
special fire-prone or fire-adapted forest species or communities under certain conditions, even if trees
will be directly at risk from fire.

Shrubs and Associated Communities. Woody shrubs may be lumped with trees in certain
respects, in that they look similar and may thus be perceived as fire sensitive; however, the shrub
species examined showed a wide range of fire sensitivity, with many s pecies being very fire tolerant.
Several highly fire-tolerant specie s examined might be good candidates for in situ burning. Shrubs
are usually top-killed by fire, but many sprout vigorously from below-ground parts and recover quickly
from fire. It should be kept in mind that dense shrub thickets can create fire hazards and carry fire to
unwanted areas. Also some very fire-adapted sh rub species and communities are also highlyflammable, presenting additional fire hazards.

Grasses/grasslands. Many graminoids (grasses, sedges, etc.) are fire tolerant and appear to be
good candidates for in situ burning. Most of the species examined respond better during dormant

season burns, and when soil conditions are moist or wet, so that roots, rhizomes, and organic soils
are less likely to be damaged. For native grasslands, natural and prescribed fires are typically low
intensity and fast moving; high intensity, slow bur ning fires such as those that might be produced by

in situ burning of oil may be more damaging than typical fires. Native grassland species include many
warm-season grasses, dormant in cool season m onths. Many non-native species which occur in
prairies, pastures, fallow fiel ds, etc., are cool-season grasse s, whose growing season may
correspond or overlap with the typical dormant peri od of warm-season species. The types of grass
species present (warm -season, cool-season, or both) could be an important factor when plant

dormancy and other seasonal concerns are considered in relation to in situ burning. Finally,
although many grasses are fire tolerant, some spec ies or growth forms can be much less so. In
general, bunchgrass species or forms are often more fire sensitive than low-growing, rhizomatous
grasses. Perennial needlegrasses ( Stipa spp.) are reported to be the least fire tolerant of the
bunchgrasses, and may not be good candidates for in situ burning.

Conclusions. In situ burning can be a valuable oil spill cleanup tool in inland and upland
environments, particularly under certain conditions. The in situ burning case histories examined,
outline the state of the practice concerning where and when in situ burning is feasible and

environmentally acceptable. In situ burning is clearly suited towards use in certain environmental
settings and habitats, but not others. The case histories also highlight important operational and postburn considerations that should be evaluated for each spill.

Given the available case-history information, the overall knowledge and in formation base concerning

in situ burning of inland and upland environments is still lim ited. To help add to this knowledge base,

42 Revision 1-August 20084. Public Health and the Environment

summary information from the fields of fire ecology and prescribed burning (in the absence of oil) is a
valuable tool, increasing the information avail able to oil spill responders concerning the potential
responses of different habita t types and plant species to in situ burning. The use of information
gathered from the fire ecology and effects literature comes with a strong disclaimer, however. Firesensitive vegetation types where in situ burning should definitely not be used can be clearly identified,
however, the appropriateness of burning of oil in pl ant communities described as fire tolerant or
resistant is largely untested. Due to the comple xity of fire science and prescribed burning, and fire
ecology and environmental effects in particular, we suggest that prescribed-fire practitioners be

consulted when in situ burning is planned, to provide val uable knowledge and experience not likely
possessed by spill responders.

43 Revision 1-August 20084. Public Health and Environment

44 Revision 1-August 2008 (This Page Intentionally Blank)5. References



### 5. REFERENCES

Alaska Regional Response Team. 1994. In Situ Burning Guidelines for Alaska. Appendix II, Annex F, in The Alaska Federal/State Preparedness Plan for Response to Oil and Hazardous Substance Discharges/Releases.

Allen, A. 1990. Contained contro lled burning of spilled oil during the Exxon Valdez oil spill. In Proceedings of the Thirteenth Arctic and Marine Oilspill Program (AMOP) Technical Seminar. June 6-8, Edmonton, Alberta, pp. 305-313.

Alyeska Pipeline Service Company. 1996. Suppl emental Information Document #16: Burning as a Response Tool. In Prince William Sound Tanker Oil Discharge Prevention and Contingency Plan, Supplemental Information Documents, Ed ition 1, Revision 1, dated December 31, 1996, Alyeska documents no. PWS-203-16. Anchorage. 92 pp.

American Society for Testing and Materials (ASTM). 2003. Standard guide for in situ burning of oil spills on water: Environmental and operational considerations. Designation: F 1788-2003.

American Society for Testing and Materials (ASTM). 2007. In Situ Burning of Spilled Oil: FireResistant Boom Designation: F2152 (2007).

Blenkinsopp, S., G. Sergy, K. Li, M. Fingas, K. Doe, and G. Wohlgescha ffen. 1997. Evaluation of the toxicity of the weathered crude oil us ed at the Newfoundland Offshore Burn Experiment (NOBE) and the resultant burn residue. In Pr oceedings of the Twentieth Arctic and Marine Oilspill Program (AMOP) Technical Seminar. J une 11-13. Vancouver, British Columbia. pp.

677-684.

Bronson, M. 1998. In situ burning safe distanc e predictions with ALOFT-FT model. Prepared by EMCON Alaska, Inc., for Alaska Departm ent of Environmental Conservation.

Buist, I., J. McCourt, and J. Morrison. 1997. Enhanc ing the in situ burning of five Alaskan oils and emulsions. 1997. In Proceedings of the 1997 Inte rnational Oil Spill Conference. April 7-10. Fort Lauderdale, Florida. pp. 121-129.

Buist, I., J. McCourt, K. Karunakaran, C. Gierer, D. Comins, N. Glover, and B. McKenzie. 1996. In situ burning of Alaskan oils and emulsions: Preliminary results of laboratory tests with and without waves. In Proceedings of the Nineteenth Arctic and Marine Oilspill Program (AMOP) Technical Seminar, June 12-14, Calgary, Alberta, pp. 1033-1061.

Buist, I., K. Trudel, J. Morrison, and D. Aur and. 1995a. Laboratory studi es of the physical properties of in situ burn residues. In Proc eedings of the Eighteenth Arctic and Marine Oilspill Program (AMOP) Technical Seminar, J une 14-16, Edmonton, Alberta, pp. 1027-1051.

45 Revision 1-August 20085. References

Buist, I., N. Glover, B. McKenz ie, and R. Ranger. 1995b. In situ burning of Alaska North Slope emulsions. In Proceedings of the 1995 International Oil Spill Conference. February 27-March 2. Long Beach, California. pp. 139-146.

Buist, I. 1989. Disposal of spilled Hibernia cr ude oils and emulsions: In situ burning and the “Swirlfire” burner. In Proceedings of the Twel fth Arctic and Marine Oilspill Program (AMOP) Technical Seminar. June 7-9, Calgary, Alberta, pp. 245-277.

Buist, I., and D. Dickins. 1987. Experimental spills of crude oil in pack ice. In Proceedings of the 1987 International Oil Spill Conference, pp. 373-380.

Campbell, T., E. Taylor, and D. Aurand. 1994. Ecological risks associated with burning as a spill

countermeasure in a marine environment. In Pr oceedings of the Seventeenth Arctic and Marine Oil Spill Program (AMOP) Technical Seminar, June 8-10, Vancouver, British Columbia, pp. 707-

716.

Daykin, M., G. Sergy, D. Aurand, G. Shigenaka, Z. Wang, and A. Tang. 1994. Aquatic toxicity resulting from in situ burning of oil-on-water. In Proceedings of the Seventeenth Arctic and Marine Oil Spill Program (AMOP) Technical Seminar . June 8-10. Vancouver, British Columbia. pp. 1165-1193.

Evans, D., W. Walton, H. Baum, R. Lawson, R. Rehm, R. Harris, A. Ghoniem, and J. Holland. 1990. Measurement of large scale oil spill burns. In Proceedings of the Thirteenth Arctic and Marine Oil Spill Program Technical Seminar , June 6-8, 1990, Edmonton, Alberta, pp. 1-38.

Ferek, R., P. Hobbs, J. Herring, K. Laursen, R. Weiss, and R. Rasmu ssen. 1992. Chemical composition of emissions from the Kuwait oil fi res. Journal of Geophysical Research 97: 14483-

14489.

Fingas, M., G. Halley, F. Ackerman, N. Vander kooy, R. Nelson, M. Bissonnette, N. Laroche, P. Lambert, P. Jokuty, K. Li, W. Halley, G. War banski, P. Campagna, R. Turpin, M. Trespalacios, D. Dickins, E. Tennyson, D. Aurand, and R. Hiltabrand. 1994. The Newfoundland Offshore Burn Experiment: NOBE experimental design and overview . In Proceedings of the Seventeenth Arctic and Marine Oil Spill Program (AMOP) Technical Seminar. June 8-10. Vancouver, British Columbia. pp. 1053-1063.

Fingas, M.F. and M. Punt, 2000. “In-Situ Burni ng: A Cleanup Technique for Oil Spills on Water”, Environment Canada Special Publication, Ottawa, Ontario, 214 p.

Fingas, M.F., P. Lambert, Z. Wang, K. Li, F. Acke rman, M. Goldthorp, R. Turpin, P. Campagna, R. Nadeau, and R. Hiltabrand, “Studies of Emissions from Oil Fires”, in Proceedings of the Twenty-fourth Arctic and Marine Oil Spill Program Technical Seminar , Environment Canada, Ottawa, Ontario, pp. 767-823, 2001.

Fingas, M.F., Z. Wang, B. Fieldhouse, C.E. Br own, C. Yang, M. Landriault and D. Cooper, 2005, “In-situ Burning of Heavy Oils and Orimulsion: Analysis of Soot and Residue”, in Proceedings of the Twenty-eighth Arctic and Marine Oil Spill Program Technical Seminar , Environment Canada, Ottawa, Ontario, pp. 333-348.

46 Revision 1-August 20085. References

Fischer, W.C., 1992. The Fire Effects Informat ion System Database. U.S. Department of Agriculture, Forest Service, Intermountain Re search Station, Intermountain Fire Sciences Laboratory, Missoula, Montana.

Guenette, C., and P. Sveum. 1995. In situ burning of uncontained crude oil and emulsions. In Proceedings of the Eighteenth Arctic and Marine Oilspill Program (AMOP) Technical Seminar, June 14-16, Edmonton, Alberta, pp. 997-1010.

Hardy, J.T. 1986. Workshop on the sea-surfac e microlayer in relation to ocean disposal— phytoneuston: plants of the sea-surface microlayer. In U.S. EPA, Proceedings of the workshop on the sea-surface microlayer in relation to ocean disposal , December 18-19, 1985, Airlie, Virginia, pp. C39-C41.

Industry Task Group. 1984. Oil Spill Response in t he Arctic, Part 3, Technical Documentation. Shell Western E&P, Inc.; Sohio Alaska Pe troleum Company; Exxon Company, U.S.A.; and Amoco Production Company. Anchorage, Alaska. 76 pp.

Kendall, A.W. and J. Clark. 1982. Icthyoplankton off Washington, Oregon, and northern California, April-May 1980. NWAFC Processed Report 82-11. Seattle: Northwest and Alaska Fisheries Center, National marine Fisherie s Service, National Oceanic and Atmospheric

Administration.

Martinelli, M., A. Luise, E. Tromellini, T. Sauer, J. Neff, G. Douglas. 1995. The M/C Haven oil spill: Environmental assessment of exposure pat hways and resource injury. In Proceedings of the 1995 International Oil Spill Conference. February 27-March 2, Long Beach, California, pp. 679-685.

McGrattan, K., H. Baum, W. Walt on, and J. Trelles. 1997. Smoke plume trajectory from in situ burning of crude oil in Alaska: Field experim ents and modeling of complex terrain. U.S. Department of Commerce, National Institute of Standards and Technology. January. 127 pages.

Moller, T.H. 1992. Recent exper ience of oil sinking. In Proc eedings of the Fifteenth Arctic and Marine Oilspill Program (AMOP) Technical Semi nar. June 10-12, Edmonton, Alberta, pp. 11-14.

National Oceanic and Atmospheric Administrati on (NOAA), Hazardous Materials Response and Assessment Division. 2005. ADIOS (Automated Data Inquiry for Oil Spills) User’s Manual. Prepared for The U.S. Coast Guard Research and Development Center, Avery Point, Groton, Connecticut. April.

National Response Team Science & Technology Committee. 1997a. Guidance for developing a site safety plan for marine in situ burn operations. November.

National Response Team Science & Technology Co mmittee. 1997b. Fact sheet: Site safety plans for marine in situ burning operations. November.

National Response Team Science & Technology Committee. 1995. Guidance on burning spilled

oil in situ. December.

Office of Technology Assessment. 1986. Ocean In cineration: Its Role in Managing Hazardous Waste. Washington, DC: U.S. Government Printing Office, 223 pages.

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48 Revision 1-August 2008 Shigenaka, G., and N. Barnea. 1993. Questions about in situ burning as an open-water oil spill response technique. National Oceanic and Atmospher ic Administration. HAZMAT Report 93-3. June. 42 pages.

S.L. Ross Environmental Research Ltd. 1997. A review of in situ burning as a response for spills of Alaska North Slope crude oil in Prince William Sound. Prepared for Prince William Sound Regional Citizens Advisory Council. May 20.

Strand, J.W., and A.W. Andren. 1980. Polyar omatic hydrocarbons in aerosols over Lake Michigan, fluxes to the lake. In Polynuclear Aromatic Hydroc arbons: Chemistry and Biological

Effects. Columbus: Battelle Press. Pp. 127-137.

Trudel, B.K., I.A. Buist, D. Schatzke, and D. Aurand. 1996. Laboratory studies of the properties of in situ burn residues: Chemical compositi on of residues. In Proceedings of the Nineteenth Arctic and Marine Oilspill Program (AMOP) Techni cal Seminar, June 12-14, Calgary, Alberta, pp.

1063-1079.

U.S. Environmental Protection Agency. 2006. National Ambient Air Quality Standards for Particulate Matter; Final Rule, 40 CFR Part 50, October 17, 2006.

U.S. Environmental Protection Agency. 1991. In situ burning workshop, May 21-22, 1991, Sacramento, California. 7 pp. + appendices.

U.S. EPA. 1986. Proceedings of the workshop on the sea- surface microlayer in relation to ocean disposal , December 18-19, 1985, Airlie, Virginia. Washington, D.C.: Office of Marine and Estuarine Protection, U.S. Environment al Protection Agency. 26 pp + appendices.

Westphal, P., E. Taylor, and D. Aurand. 1994. Human health risk associated with burning as a spill countermeasure. In Proceedings of the Seventeenth Arctic and Marine Oil Spill Program (AMOP) Technical Seminar, June 8-10, V ancouver, British Columbia, pp. 685-705.

Wright, H.A. and A.W. Bailey, 1982. Fire Ecology , United States and Southern California. John Wiley and Sons, Inc., New York, NY. 501 pp.

Zengel, S.A., J.A. Dahlin, C. Headley, and J. Michel. 1999. Environmental Effects of In Situ Burning in Inland and Upland Environments . Proceedings of the 1999 International Oil Spill
Conference. American Petroleum Institute. Washingt on, DC, 5 pp. Available on CD-ROM from

API.49 Revision 1-August 2008 

### Appendix 1: Application and Burn Plan

In Situ Burning Guidelines for Alaska

Incident Name: Date Prepared Operational Period

Incident Location: Date Time

Incident Date: Time Prepared Start:

Incident Time: End:

Title of Applicant: Address:

Affiliation: Phone: Fax:

PART 1

Potential Burn Location ____________________
Site Description __________________________

Latitude ________________________________

Longitude ______________________________

Type of Incident (check one):
______ Grounding

______ Transfer Operations

______ Explosion

______ Collision

______ Blowout

______ Other

___________________________

Product Released (check one):

______ North Slope Crude

______ Cook Inlet Crude

______ Residual/Bunker Oil

______ Diesel #2

______ JP4

______ Other

___________________________

Estimated Volume of Released Product:

________________________ gallons, or

________________________ BBL

Estimated Volume of Product That May Potentially be Released:

________________________ gallons, or

________________________ BBL Release Status (check one):

______ Continuous

______ Intermittent
______ One time only, now stopped

If Continuous or Intermittent, es timated Rate of Release:

________________________ gallons, or

________________________ BBL

Estimated Surface Area Covered (square miles) At Time of Application ___________________

If inland, identify/describe:.

**•** Vegetative cover at burn site (e.g., wetlands, grasslands, shrublands, forest, tundra, non-vegetated)

**•** Fire danger rating at and near the burn site (see Appendix 6) Whether burn is on permafrost

**•** Any ignitable vegetation near the burn

**•** Any structures/buildings near the burn
Why is mechanical recovery alone inadequate for spill response?

Consider the spill size, forecasted weather and trajectories,

amount of available equipment, time to deploy, and time to

recover. __________________________________________

_________________________________________________ Will you use mechanical recovery in conjunction with

in situ burni ng? _________________________________ yes no

Have you evaluated dispersants? yes no

Will you use dispersants in conjunction with
in situ burning? yes no

Why is in situ bur ning preferred? ______________________

________________________________________________

________________________________________________Appendix 1: APPLICATION AND BURN PLAN In Situ Burning Guidelines for Alaska

50 Revision 1-August 2008 PART 2

Did source burn? yes no Is source still burning? yes no

Is product easily emulsified? yes no

Is product already emulsified? (check one)

______ No
______ Light emulsion (0-20%)

______ Moderate emulsion (21-50%)
______ Heavy emulsion (>50%)

______ Unknown

Estimated Percent Oil Naturally Dispersed and Evaporated Within

First 24 H ours: ____________________________ Check boxes and enter wind values in the following table:

Percentage Ice Coverage (check one):

______ No ice present

______ <10%

______ 11-30%

______ 31-50%

______ 51-100% Current

Conditions 12-hour

Forecast 24-hour

Forecast

Clear

Partly cloudy

Overcast

Rain

Snow

Fog

Wind Speed (kt)

Wind Direction (from) Tidal state at ____________ o’clock (check one):

______ Slack tide
______ Incoming (flood)
______ Outgoing (ebb)

9 Attach a graph with tidal information for three tidal cycles.

Dominant current (not drift):

Speed (knots) __________________________

Direction (to) ___________________________

Current Speed (knots) Relative to the Containment

Boom ___________________________________

Note: Current speed relative to the fire boom should be .75 knots

or less to minimize entrainment.

Sea State (check one):

______ Calm
______ Choppy

______ Swell

Waves (estimate height in feet) ____________

Does your site safety plan cover this in situ burn plan?

yes no

Will response workers be briefed on the site safety plan before burning? yes no

Are the responders trained and equipped with safety gear?

yes no

9 Attach an ICS 204 form, or similar document . On it, list
the following equipment you will use:

Vessels

Aircraft for ignition and aerial observation

Lengths of fire boom

Residue containment and removal equipment

Fire fighting equipment

Ignition systems

Burn promoters

Communications systems
Air/plume monitoring equipment.

______Appendix 1: APPLICATION AND BURN PLAN In Situ Burning Guidelines for Alaska

51 Revision 1-August 2008 Proposed Burn Date and Time _____________

Describe how you intend to carry out the burn.

________________________________________________

________________________________________________

Check one:

______ Ignition is away from source after containment and movement of the oil to safe location (i.e., controlled burn).

______ Ignition of uncontained slick(s) is at a safe distance from
the source.

______ Ignition is at or near source without controls.

How will you ignite the oil? ___________________________

________________________________________________

Enter the volume of oil you expect to burn:

How many simultaneous burns are planned?

________________________________________________

What distance will separ ate simultaneous burns?

________________________________________________

Are you planning sequential or r epeat (not simultaneous) burns?

yes no

Estimated area of oil in uncontrolled burn
(square feet)

______________________________________

Describe your ability and procedures to extinguish the burn if necessary or directed to do so. Fire
No. Oil Volume (BBL__ or Gal__) Fire Duration (Hrs__ or Min__)

1

2

3

4

5

Attach a list for more fires.

Total
Vol.: Pa rt 3

9 A ttach a chart with a distance scale . Show estimated spill trajectory and landfalls, with time. Show the location and distance of your proposed burns relative to the following features:

1. Source:

L ocation __________________________________________

Distance from Bu rn (miles) _________________________

2. Ignitable slicks:

L ocation __________________________________________

Distance from Bu rn (miles) _________________________

3. Nearest Land (burns on water) or Non-Flat Terrain (burns on land):

Location __________________________________________

Distance from bur n (miles) _________________________

Nearby Populated Areas (i.e., one or more non-spill-related people

present):

Location ________________________________

Distance from Burn (miles) _______________

Location __________________________________________

Distance from Bu rn (miles) _________________________

Location __________________________________________

Distance from Bu rn (miles) _________________________

F or Inland Burns consider

**•** Ignitable vegetation

**•** Structures/buildings

**•** A reas with Fire Danger Rating of extreme, very high, or high

**•** Nearest airport

**•** Alaska Class I Area (see Appendix 4)

4. Attach a drawing showing your mechanical recovery and in situ burning equipment configurations.

6. For burns potentially impac ting populated areas, provide an air monitoring plan in accordance with the SMART protocols.

7. Identify whether any Cla ss 1 Areas (Appendix 4) will be
impacted.Appendix 1: APPLICATION AND BURN PLAN In Situ Burning Guidelines for Alaska

52 Revision 1-August 2008 Part 4

How do you plan to collect burned oil residue?

________________________________________________

________________________________________________

How do you plan to store and dispose of burned oil residue?

________________________________________________

________________________________________________

For inland burns, how do you plan to address post- burn erosion if applicable?

Describe plan for eliminating risk (if any) of accidental (sec ondary) fires (e.g., structures/ buildings and/or vegetation).

________________________________________________

________________________________________________

Will the burn affect visibility at dow nwind airports within 20 miles?

________________________________________________

Signatures

Signature of Applicant

Printed name of Applicant

Date and Time Submitted to Federal and State On-Scene Coordinators

Prepared by: ____________________ ICS Position: _____________________ Phone: _____________53 Revision 1-August 2008 

### Appendix 2: FOSC/SOSC Review Checklist In Situ Burning Guidelines for Alaska

Note: If an in situ burn is being considered, immediately notif y the EPA ARRT representative (unless EPA is the FOSC), the DOI and DOC ARRT representatives, and the USCG Strike Team to provide advance notice of this possibility.

STEP 1: Review of the completed Application to Burn Plan Is burning an appropriate response option, when consider ing mechanical yes no

containment and recovery and/or dispersant use?

STEP 2: Determine feasibility of burning

Will the oil become 2 to 3 mm thick? yes no

Is the oil relatively fresh (less than 2 or 3 days of exposure)? yes no

Does the oil contain less than 25 percent water? yes no

Is visibility sufficient to see oil and vessels to wing boom, and suitable for aerial yes no overflight for burn observation?

If burning may involve darkness or poor visibility, can the burn be completed yes no safely and well away from any populated ar eas or other sensitive resources?

Is wind less than 20 knots? yes no

Are currents less than 0.75 knots relative to the boom? yes no

Are waves less than 3 feet in choppy, wind-driven seas or less than 5 to 6 feet in large swells? yes no

Does the responsible party have a site safety plan for this incident that specifically addresses the proposed burning operations? yes no

Will response workers be briefed on this plan before burning starts? yes no

Are personnel trained and equipped with safety gear? yes no

Is a communications system available and working to communicate with
and between aircraft, vessels, and control base? yes no

Are operational and environmental conditions feasible for burning? yes no

Can the fire be extinguished and are the procedures for addressing this contingency adequate? yes no

Will the burn meet the operational criteria for: the next 24 hours? yes no the next 48 hours? yes no
STEP 3: Determine whether burn may be conducted at a safe distance from populated areas.

Burning Near Unpopulated Areas:

To help determine whether an area that could be affected by an in situ burn smoke plume is unpopulated, the Unified Command wil l consult with land managers and (to the extent practical) land owners of the area to help determine whether there may be individ uals using the area for activities including, but not limited to, fishing, hunting, berry picking, boating, backpacking, or conducti ng research. The Unified Command may require further verification by aerial reconnaissance or some similar means.

Will the smoke plume pass into populated areas? yes no

If no, proceed to Step 4. If yes, consider the following conditions of authorization.APPENDIX 2: FOSC/SOSC REVIEW CHECKLIST In Situ Burning Guidelines for Alaska

54 Revision 1-August 2008 Burning in Flat Terrain Near Populated Areas:

Is the burn in an area near or adjacent to populated areas? yes no

Are local government, land managers, land owners, and/ or state emergency service personnel involved in planning for, and if necessary assisti ng with, public notifications? yes no

On water more than 3 miles from shore, the Green Z one safe distance is 1 mile from populated areas. On land or on water less than 3 miles from shore, the green zone safe distance is 3 miles from populated areas. Burning at a green zone safe distance from populated areas is acceptable. Proceed to Step 4.

The Yellow Zone distance is from 1 to 3 miles downw ind of a burn, and within 45 degrees of the smoke plume, when the burn is on land or on water within 3 miles of shore. If the potentially-impacted population can be sheltered in place or evacuated during the burn, proceed to Step 4. If potentially-impacted populated areas cannot be protected, do not authorize burning at this time.

The Red Zone distance is within 1 mile of any bur n. Burns within 1 mile of populated areas may be authorized if the potentially-impact ed population can be sheltered in pl ace or evacuated during the burn, and if best professional judgment supports the expectation of PM 2.5 less than 65 micrograms per cubic meter 1-hour average in populated areas. If these c onditions can be met, proceed to Step 4. If these conditions cannot be met, do not authorize burning at this time.

Burning when the Safe Distance Is Not Predicted:

The Unified Command determines whether flat terrain exists through the use of topographic maps and onscene weather information, and input, as appropriate, from the National Weather Service and the Alaska Interagency Coordination Center.

According to best professional judgment, will PM 2.5 concentrations remain below 65 micrograms per cubic meter 1-hour average in populated areas? yes no

If yes, proceed to Step 4. If no, do not authorize burning at this time.

Notifications and Warnings: Is it possible to implement Level 1 gener al notification in the Green Zone? yes no

Is it possible to implement a Level 2 aler t notification in the Yellow Zone? yes no

Is it possible to implement a Level 3 warning notification, which includes in-place sheltering?

Is it possible to implement a Level 4 emergency notification, which includes temporary evacuation? yes no55 Revision 1-August 2008 STEP 4: Determine whether environmental a nd other considerations will be adequately

addressed. Have potentially-affected natural re sources and historic properties been identified and adequately addressed? yes no

If no, document rationale in decision memo.

Have potentially-affected other considerat ions (e.g., structures/buildings) been identified and adequately addressed? yes no
If no, document rationale in decision memo. STEP 5: Review of consultations and requests for authorization.

NCP Authorization of Use

C oncurrence Required:

3⁄4 EPA (FOSC or EPA ARRT representative) yes no conditional 3⁄4 State (SOSC in Unified Command) yes no conditional

C onsultation as per the NCP (If other than yes, document how addressed)

3⁄4 DOI ARRT Representative yes no conditional 3⁄4 DOC ARRT Representative yes no conditional

O ther Consultations with Representatives of Potentially Affected Stakeholders:

**•** Other State and/or Federal natural resource trust ees yes no conditional

**•** Federally-recognized tribes yes no conditional

**•** Federal, State, and/or local safety and public health agencies yes no conditional

**•** Land Owners: 3⁄4 Local (e.g. borough, municipal governments yes no conditional 3⁄4 Private Land owners (e.g. Native corporations) yes no conditional

**•** Others (e.g., Regional Citizens Adviso ry Councils, Port Authorities, yes no conditional Area safety/security committees, law enforcement, etc.)

**•** For a burn that may affect threatened and/or endangered yes no conditional species and/or their critic al habitat, DOI-Fish and Wildlife Service* and/or National Marine Fisheries Service ESA Specialists*

**•** For a burn that may affect historic properti es, the FOSC’s yes no conditional Historic Properties Specialist.

**•** For a burn proposed in conjunction with an Outer Continental Shelf Facility, the DOI-MMS Regional Supervisor for Field Operations * yes no conditionalAPPENDIX 2: FOSC/SOSC REVIEW CHECKLIST In Situ Burning Guidelines for Alaska

56 Revision 1-August 2008 STEP 6. Make decision on whether to authorize burn.

Authorization and Conditions:

The on-scene coordinators’ decision based on review (check one):

___ Do not conduct in situ burning.

___ In situ burning may be conducted in limit ed or selected areas (see attached chart).

___ In situ burning may be conducted over the limited period of ____ day(s).

___ In situ burning may be conducted as requested in the application.

____ Other, as specified: ______________________________________________________

Co nditions:

1. The burn operations team will visually monitor the smoke plume in accordance with the monitoring

plan.

2. The burn operations team will collect the burn residue in accordance with the burn plan.

3. Public notification/warning to people in populated ar eas who may be in proximity to any of the three

safe distance zones in accordance with the notification.

4. Other incident-specific conditions of authorization (e.g., air monitoring in accordance with the

SMART protocols) for a burn with t he potential to impact populated areas:

Signature of Federal On-Scene Printed Na me of Federal On-Scene Date and Time Coordinator Coordinator

Signature of State On-Scene Printed Name of State On-Scene Date and Time Coordinator Coordinator

Prepared By: ICS Position: Phone:57 Revision 1-August 2008 Figure 5. In Situ Burn Zones

5A: Zones for in situ burns on populated flat terrain, or on water within 3 miles of shore.

5B: Zones for in situ burns on water more than 3 miles from shore. 45 o Yellow Zone

45 o

Red Zone 1 mile Green Zone

3 miles

1 mile Green Zone

Red ZoneAPPENDIX 2: FOSC/SOSC REVIEW CHECKLIST In Situ Burning Guidelines for Alaska

58 Revision 1-August 2008 (This Page Intentionally Blank)59 Revision 1-August 2008 APPENDIX 3: SAMPLE UNIFIED CO MMAND DECISION DOCUMENT FOR IN SITU BURNING

Unified Command Decision Document

Authorization to proceed with in situ burning is approved with the following conditions:

1) This approval is for (date) . Continued in situ burn operations shall be subject to daily review and approval by the Unified Command. This authorization may be terminated by the Unified Command at any time.

2) The in situ burn operation shall not inhibit or impact on going recovery operations approved by the Unified Command

3) The RP or applicant shall implement a plan to collect residual or unburned oil following the completion of the in situ burn.

4) The applicant shall implement the approved in si tu burning site safety plan to provide for the safety of personnel.

5) The Unified Command shall maintain public notification and warning procedures for the duration of the in situ burning operation.

6) The Unified Command shall perform visual monitoring (and air monitoring, where necessary) to ensure the operation and smoke plume is conducted as projected and will not impact either populated areas or the mechanical operations. The applicant shall ensure that the monitoring team includes representatives as determined by the Unified Command
to monitor the burn.

7) In situ burn efficacy observations and visual monitoring reports should include the amount of oil burned, the location of the burn, the time and duration of burn, the boom condition, wind direction and plume characteristics. These reports shall be submitted to the Unified Command on a daily basis, no later than 12:00 noon the day following the burn, for consideration in approval for continued burning operations.

8) Following the burn operation, a detailed after-action report will be submitted by the RP denoting the actions taken and the lessons learned from the operation.

FOSC: Date:

SOSC: Date:

LOSC (if required): Date:

Incident Commander: Date:60 Revision 1-August 2008 (This page intentionally blank)61 Revision 1-August 2008 

## Appendix 4: Class I Areas in Alaska

* This figure shows areas in Alaska, which are identified in accordance with the Clean Air Act and subsequent amendments, as “Class I Areas.” T hey include one national park and preserve managed by the U.S. Department of the Interior-Nati onal Park Service (DOI-NPS) and three national wilderness areas managed by the DOI-Fish and Wildlife Service (DOI-FWS). Class I Areas receive a higher standard of air quality control to protect the vi sual quality of these scenic areas. In doing so, a higher level of environmental protection from air pollutants is also achieved.62 Revision 1-August 2008 (This Page Intentionally Blank)Appendix 5: Air Quality Monitoring Equipment in AlaskaMonitorLocationMonitor MeasurementCapabilityStationary orPortableContinuousor ManualAgency ContactPhone NumberAgency OwnerFairbanksPM-10, PM-2.5SC/MAlaska Department ofEnvironmental Conservation907-269-6249AnchoragePM-10, PM-2.5SC/MJuneauPM-10, PM-2.5SC/MButtePM-10,PM-2.5SC/M*WasillaPM-10, PM-2.5SC/M*PalmerPM-10, PM-2.5SC/M*SoldotnaPM-10, PM-2.5SC/MAnchoragePM-2.5 (2 EBAMs)PCAnchoragePM-2.5 (2 EBAMs)PCDepartment of the Interior- Fishand Wildlife Service907-271-5011Tuxedni BayPM-10, aerosols (IMPROVE)SMSand PointPM-10, aerosols (IMPROVE)SMDenali NationalParkDepartment of the Interior-NationalPark Service907-271-5011PM-10, aerosols (IMPROVE)SMTrapper CreekPM-10, aerosols (IMPROVE)SM*BettlesPM-10, aerosols (IMPROVE)SMDepartment of the Interior-Bureauof Land Management907-271-5011FairbanksPM-2.5 (2 EBAMs)PC/MPetersburgPM-10, aerosolsSU.S. Forest Service907-772-5865AnchoragePM-2.5 (2 DataRAMs)PMEnvironmental Protection Agency907-257-1342AnchoragePM-.1-10 (2 PDR 1000s)PMVOC, O2, CO2, LEL (3 AreaRAEs)PC/MAnchorage*These sites are due online in 2008.Note: “Continuous” monitors run 24 hours a day, 7 days a week andan operator does not have to be present for the sampler to run.63Revision 1-August 200864Revision 1-August 2008(This Page Intentionally Blank)65 Revision 1-August 2008 

## Appendix 6: Fire Danger Rating for Inland Areas

Fires start quickly, spread furiously, and burn intensely. All fires are potentially serious. Development into high intensity burning will usually be faster and occur from smaller fires than in the very high fire danger class. Direct attack is rarely possible and may be danger ous except immediately after ignition. Fires that develop headway in heavy slash or in conifer strands may be unmanageable while the extreme burning condition lasts. Under these conditions the only effective and safe control action is on the flanks until the weather changes or the fuel supply lessens.

Fires start easily from all causes and, immediately after ignition, spread rapidly and increase quickly in intensity. Spot fires are a constant danger. Fires bur ning in light fuels may quickly develop high intensity characteristics such as long-distance spotting and fire whirlwinds when they burn into heavier fuels.

A ll fine dead fuels ignite readily and fires start easily from most causes. Unattended brush and campfires are likely to escape. Fires spread rapidly and short- distance spotting is common. High-intensity burning may develop on slopes or in concentrations of fine fuels. Fires may become serious and their control difficult unless they are attack ed successfully while small.

Fires can start from most accidental causes, but with the exception of lightning fires in some areas, the number of starts is generally low. Fires in open cu red grasslands will burn briskly and spread rapidly on windy days. Timber fires spread slowly to moderatel y fast. The average fire is of moderate intensity although heavy concentrations of fuel, especially draped fuel, may burn hot. Short-distance spotting may occur, but is not persistent. Fires are not likely to become serious and control is relatively easy.

Fuels do not ignite readily from small firebrands al though a more intense heat source, such as lightning, may start fires in duff or punky wood. Fires in open cured grasslands may burn freely a few hours after rain, but woods fires spread slowly by creeping or smol dering, and burn in irregular fingers. There is little danger of spotting.

Source: U.S. Forest Service – Wildland Fire Assessment System66 Revision 1-August 2008 (This Page Intentionally Blank)