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 October 10, 2008, with Delegation of Lieutenant 

Governor’s Authority certificate dated July 31, 2007.

Draft copy of changes to regulations with changes indicated by bold, 

underlined text.

Permanent Filing of Regulation Memo of Lt. Governor Sean Parnell 

signed 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 header).
 

(This page left blank intentionally) 

 

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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 

Commissioner 
Register ____, ________ 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, 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 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, 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 __/__/2008, Register ___; 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 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 

connection with required particulate matter testing. 

... 

18 AAC 50.345(j) is amended to read: 

 2 of 6 
Register ____, ________ 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 stationary source following the statement: “Based 

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

and information 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 be 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 46.14.140 

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 operating permits: other permit 

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

standard permit condition in this subsection, 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. The 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 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 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 III – 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 Permit Condition V – Insignificant 

Sources, as revised as of August 25, 2004; 

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Register ____, ________ 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 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 adequately 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 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, industrial, municipal solid 

Standard Operating Permit Condition X 

– Reasonable Precautions to Prevent 

Fugitive Dust, August 25, 2004 

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Register ____, ________ 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 the 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 

– SO2 Emissions from Oil Fired Fuel 

Burning Equipment, August 25, 2004 

–Fuel burning equipment burning liquid 

fuel 

Standard Operating Permit Condition 

XII – SO2 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 

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Register ____, ________ 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 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, 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, 2008

Sarah Palin

Governor

Larry Hartig

Commissioner
Register ____, ________ 2008 ENVIRONMENTAL 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 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, 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 __/__/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
Register ____, ________ 2008 ENVIRONMENTAL 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 

connection with required particulate matter testing.

18 AAC 50.345(j) is amended to read:

(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 stationary source following the statement: “Based 

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

and information 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 be 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 46.14.140
Register ____, ________ 2008 ENVIRONMENTAL 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 subsection, 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. The 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 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 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 III – 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 
Register ____, ________ 2008 ENVIRONMENTAL 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) 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 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 adequately 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 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
Register ____, ________ 2008 ENVIRONMENTAL 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 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, 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

Standard Operating Permit Condition X 

– Reasonable Precautions to Prevent 

Fugitive Dust, August 25, 2004
Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT

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–Other sources the department finds are 

likely to generate fugitive dust

–Fuel burning equipment burning liquid 

fuel

Standard Operating Permit Condition XI 

– SO2 Emissions from Oil Fired Fuel 

Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid 

fuel

Standard Operating Permit Condition

XII – SO2 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

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

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(4) include the requirements of 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, Register 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 46.14.250
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

Alaska Statute AS 46.14
 

(This page left blank intentionally) 
Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

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 environment, including by way of 

example only, petroleum and natural gas pipelines;

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

state;

(4) take actions that are 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 manufacturing establishment, industrial plant, school, barbershop, hairdressing, 

manicuring, esthetics, tattooing and permanent cosmetic coloring, body piercing, or ear piercing 

establishment, soft drink establishment, beer and wine dispensaries, and for other similar 

establishments in which lack of sanitation may create a condition that causes disease;

(D) the regulation of quality and purity of commercially compressed air sold for human 

respiration.

(b) The department's regulations for tattooing and permanent cosmetic coloring shops and 

for body piercing shops must include requirements that

(1) the shop be equipped with appropriate sterilizing 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 only 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 before any state or federal regulatory agency 

involving or affecting the purposes of the department;

(5) undertake studies, inquiries, surveys, or analyses it may consider essential to the 

accomplishment of the purposes of the department; these activities may be carried out by the 

personnel of the department or in cooperation with public or private agencies, including 

educational, civic, and research organizations, colleges, universities, institutes, and foundations;

(6) at reasonable times, enter and inspect with the consent of the owner or occupier any 

property or premises to investigate either actual or suspected sources of pollution or 

contamination or to ascertain compliance or noncompliance with a regulation that may 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 example and not limitation, regulations providing for

(A) control, 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 maintenance of public water supply 

systems;

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

(E) collection and disposal of garbage, refuse, and other discarded solid materials from 

industrial, commercial, agricultural, and community activities or operations;

(F) control of pesticides;

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

46.03.010 ;

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

(11) inspect the premises of sellers and suppliers of paint, 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) require the owner or operator of a facility to undertake monitoring, sampling, and 

reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water Act).
Sec. 46.03.760. 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 court 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 characteristics of the substance discharged, the 

sensitivity of the receiving environment, and the degree to which the discharge degrades existing 

environmental quality;

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

correction of the violation;

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

which a violation is charged.

(b) Except as determined by the court under (e)(4) of this section, actions under this section 

may not be used for punitive purposes, and sums assessed by the court must be compensatory 

and remedial in nature.

(c) The court, upon motion of the department or upon its own motion, may defer assessment 

of all or part of that portion of the sum imposed upon a person under (a)(3) of this 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 than 

$10,000 for each day after that on which the violation continues, and that shall reflect, when 

applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse 

environmental effects caused by the violation, that shall be determined by the court according to 

the toxicity, degradability and dispersal characteristics of the substance discharged, the 

sensitivity of the receiving environment, and the degree to which the discharge degrades existing 

environmental quality; for a violation relating to AS 46.14, the court, in making its determination 

under this paragraph, shall also consider the degree to which the discharge causes harm to 

persons or property; for a violation of AS 46.03.463 , the court, in making its determination 

under this paragraph, shall also consider the volume of the graywater, sewage, or other 

wastewater 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 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.

(f) An owner, agent, employee, or operator of a commercial passenger vessel, as defined in 

AS 43.52.295 , who falsifies a registration or report required by AS 46.03.460 or 46.03.475 or 

who violates or causes or permits to be violated a provision of AS 46.03.250 - 46.03.314, 

46.03.460 - 46.03.490, AS 46.14, or a regulation, a lawful order of the department, or a permit, 

approval, or acceptance, or 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 applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse 

environmental effects caused by the violation, that shall be determined by the court according to 

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 personal injuries or damage to their property;
(2) reasonable costs incurred by the state in detection, investigation, and attempted 

correction of the violation;

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

which a violation is charged; and

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

(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.
 

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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 actions under this section may affect the timing of compliance, but not the necessity 

of compliance within a reasonable period of time.
 

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Sec. 46.03.780. Liability for restoration.

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or 

who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46.14, or 

violates or disregards an order, permit, or other determination of the department made under the 

provisions of this chapter, AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the 

death of fish, animals, or vegetation or otherwise 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 general on behalf of 

the state.
 

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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 provides false information required by AS 46.03.465 , 

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

under AS 46.03.020 (12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;

(3) makes a false statement or representation in an application, label, manifest, record, 

report, permit, or other document filed, maintained, or used for purposes of compliance with AS 

46.03.250 - 46.03.313 applicable to hazardous wastes or a regulation adopted by the department 

under AS 46.03.250 - 46.03.313;

(4) makes a false statement, representation, or certification in an application, notice, record, 

report, permit, or other document filed, maintained, or used for purposes of compliance with AS 

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

AS 46.14; or

(5) renders inaccurate a monitoring device or method required to be maintained under AS 

46.14, a regulation adopted under AS 46.03.020 (12) or AS 46.14, a permit issued by the 

department or a local air quality control program under AS 46.14, or a permit issued by the 

department under the program authorized by AS 46.03.020 (12).

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

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

violation.

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

in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the 

provisions of an oil discharge contingency plan approved under AS 46.04.030 , with criminal 

negligence fails to comply with the plan is guilty of

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

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

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

(f) [Repealed, Sec. 5 ch 141 SLA 1990]. 
(g) Notwithstanding AS 12.55.035 (b), upon conviction of a violation of a regulation 

adopted under AS 46.03.020 (12) or of a violation related to AS 46.14 and described in (a) of 

this section, a defendant who is not an organization may be sentenced to pay a fine of not more 

than $10,000 for each separate violation.

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

if the person negligently

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

(2) violates a permit issued under the program authorized by AS 46.03.020(12);

(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 standards, 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 whole 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 department 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 based.
(e) When incorporated into more than one permit, emission standards and limitations, 

emissions monitoring and reporting requirements, and compliance verification requirements that 

are generally applicable statewide or are generally applicable to individual emissions unit or 

stationary source types shall be adopted in regulation unless they have been requested by the 

owner and operator to whom the permit is issued. The department shall, by regulation, adopt a 

standard, limitation, or requirement described in this subsection as soon as its general 

applicability is reasonably 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 regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written 

findings under AS 46.14.010 (c) and (d) shall be made available by the department to the public 

at locations throughout the state that the department considers appropriate.

(b) Before the department adopts a regulation described in AS 46.14.010(b), the department 

shall submit the findings described under (a) of this section, the studies on which the 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 recommendations, 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 additional 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 department describing the basis for adoption of the 

regulation, and the peer review reports, submitted under (b) of this section.

(d) The department shall contract with persons to perform peer review under (b) of this 

section. All persons selected shall be selected on the basis of competitive sealed proposals under 

AS 36.30.200 - 36.30.270 (State Procurement Code). The commissioner may not contract with a 

person to perform peer review under this section if the person has a significant financial interest 

or other significant interest that could bias evaluation of the proposed regulation. An interest is 
not 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 conjectural.

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

(a) The department, by regulation, may classify stationary sources or emissions units that, in 

the department's determination, are likely to cause or contribute to air pollution, according to the 

levels and types of emissions and other characteristics that relate to air quality. The department 

may make a classification under this subsection applicable to the state as a whole or to a 

designated area of the state. The department shall base the classifications on consideration of 

health, economic, and social factors, sensitivity of the receiving environment, and physical 

effects on property.

(b) The department or a local air quality control program authorized under AS 46.14.400

may require an owner and operator of a stationary source or emissions unit classified under this 

section to report information to the department or the authorized local program concerning 

location, size, and height of stacks or area emissions units, processes employed, fuels used, the 

nature and time periods or duration of emissions, and other information relevant to air quality 

that is available or reasonably capable of being 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].

Repealed or Renumbered

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

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

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

(b) Except when considered to be in compliance with this chapter under AS 46.14.275 or 

under a regulation adopted under AS 46.14.140(a)(12), the owner and 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 issued by the department under this chapter or a court order. A person 
operating 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 requirements of 42 

U.S.C. 7661a(a) (Clean Air Act, sec. 502(a)), the commissioner shall consider the factors used 

by the administrator in reaching that determination and, by regulation, shall issue a similar 

determination unless public health or air quality effects provide a reasonable basis to regulate the 

stationary source.

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

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

(g) Before 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 under this chapter.

Sec. 46.14.130. Stationary sources requiring permits.

(a) The owner and operator shall obtain a construction permit from the department before 

beginning actual construction of any one of the following:

(1) a new major stationary source;

(2) a major modification;

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

Air Act, sec. 112(i)).

(b) Except for the owner and operator of a stationary source exempted under AS 46.14.120

(e) or (f), the owner and operator of a stationary source shall obtain an operating permit from the 

department for

(1) a major source;

(2) a stationary source that contains an emissions unit subject to federal new source 

performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission 

standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or

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

(c) Unless the owner and operator of a stationary source are required to obtain a construction 

permit under (a) of this section, before constructing, installing, modifying, operating, or 
establishing a stationary source, the owner and operator shall obtain a minor permit from the 

department if the stationary source is of a type classified under AS 46.14.020

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

(2) under a finding by the department that public health or air quality effects provide a 

reasonable basis to regulate the stationary source.

(d) In this section, "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 regulations to address substantive and procedural elements of 

the emission control permit program established under this chapter that are not addressed in 

statute, except elements that relate only to the internal management of the department and do not 

affect the public or govern the way the department deals with the public. The regulations must be 

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

with 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended, and applicable federal regulations. 

Except for regulations concerning minor permits required under AS 46.14.130 (c), the 

regulations must include

(1) a standard permit application form that meets the requirements of federal regulations 

adopted under 42 U.S.C. 7661a(b) (Clean Air Act, sec. 502(b));

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

AS 46.14.130 (b), which must comply with the requirements established for state operating 

permit programs in 40 C.F.R. 70.6, but which may be modified to take into account this state's 

unique conditions;

(3) procedures for preparation and submission of a monitoring, reporting, and quality 

assurance plan and, if required, a compliance schedule describing how a permitted 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) processing and reviewing an application;

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

(E) issuing permits, including procedures for issuing permits for temporary operations or 

open burn activities;
(5) reasonable standard permit conditions, including conditions for

(A) emission standards and limitations;

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

(C) inspection and entry;

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

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

(7) provisions addressing late payment or nonpayment of fees, which may 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 changes to a permitted stationary source 

without requiring a permit modification, consistent with the purposes of this chapter and with 42 

U.S.C. 7401 - 7671q (Clean Air Act);

(10) reasonable provisions for renewing, reopening, revoking and reissuing, and terminating 

a permit consistent with the purposes of this chapter and 42 U.S.C. 7401 - 7671q (Clean Air 

Act);

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

source's 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 source operation while a permit application is 

pending, consistent with 42 U.S.C. 7661b(d) (Clean Air Act, sec. 503(d));

(13) provisions for ensuring that compliance with an operating permit issued under this 

chapter will be considered to be compliance with 42 U.S.C. 7661a (Clean Air Act, sec. 502) and 

other provisions of state or federal law specifically provided for by the department consistent 

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

law;
(14) provisions allowing for certification of inspectors who evaluate compliance with the 

terms and conditions of a permit, order, regulation, or other provision of law authorized under 

this chapter; and

(15) definitions of terms incorporating applicable definitions in 42 U.S.C. 7401 - 7671q 

(Clean Air Act), as amended, and applicable federal regulations, to the extent that those 

definitions are not inconsistent with this chapter.

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

(1) machinery, devices, or equipment of a particular type, from a particular supplier, or 

produced by a particular manufacturer; or

(2) specific methods, processes, procedures, or 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) The 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 

identified by the department in regulations adopted under AS 46.14.140 and in standard 

application forms provided by the department under AS 46.14.140 (a)(1) and must be certified 

true and correct by the owner and operator.
(b) The department shall notify the applicant in writing whether the application is complete. 

Unless the department notifies the applicant within 60 days of receipt of an application that the 

application is incomplete, the application is considered to be complete.

(c) If, during the processing of an application after it has been determined or considered to 

be complete, the department finds that additional information is necessary to evaluate or take 

action on that application, the information may be requested in writing from the owner and 

operator. A request for information under this subsection does not render the application 

incomplete. However, notwithstanding AS 46.14.275, an owner and operator may be found in 

violation of this chapter for operating without a valid permit if they fail to provide timely 

additional information.

Sec. 46.14.170. 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 operating permit or temporary operating permit, 

within 12 months after receipt of the complete application by the department.

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

(c) Failure by the department to act within the time limits established in or under (a) or (d) 

of this section is considered to be a final agency action, but only for the purpose of judicial 

review to determine whether the court will require that action be taken by the department.

(d) The department shall issue or deny a minor permit under AS 46.14.130(c) within 30 

days after the close of the public comment period or within 30 days after receipt of the complete 

application by the department if a public comment period is not required under this chapter.

Sec. 46.14.180. Monitoring.

Monitoring by the owner and operator of stack emissions or ambient air quality shall be required 

by the department only for purposes of demonstrating compliance with applicable permit 

program requirements. Monitoring requirements must be reasonable and based on test methods, 

analytical procedures, and statistical conventions approved by the federal administrator or the 

department or otherwise generally accepted as scientifically competent. Unless otherwise agreed 

to by the owner and operator and the department,

(1) the department may not require an owner and operator of an emissions unit to monitor 

emissions or ambient air quality solely for the purpose of scientific investigation or research; and
(2) monitoring activities must be consistent with the applicable emission standards and their 

permit or permit application requirements.

Sec. 46.14.190. Single permit.

(a) Except as provided in (b) of this section, the department shall issue only a single 

operating permit to a stationary source, regardless of whether the 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 required 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 federal administrator, establish a general operating permit that 

would be applicable to more than one stationary source determined by the department to be 

similar in emissions unit structure. A general operating permit must contain provisions that meet 

the requirements of this chapter that are applicable to operating permits. A general operating 

permit issued to a particular person takes effect when the person's application is determined to be 

complete unless the department notifies the applicant that the general permit is not applicable to 

the person's stationary source.

Sec. 46.14.211. General minor permits.

After notice and opportunity for public comment and hearing, the department may establish a 

general minor permit that would be applicable to more than one stationary source determined by 

the department to be similar in structure. If authorized by the department, a 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 multiple locations in the state 
for temporary periods of time. A permit described in this section is valid only for the specific 

locations identified in the application and authorized by the department. The department may not 

issue a permit under this section unless the permit contains conditions that will ensure 

compliance with this chapter at each authorized location, including compliance with ambient air 

quality standards and applicable increment or visibility requirements adopted under this chapter. 

A permit under this section must require the owner and operator to notify the department at least 

10 days before a change in location of a stationary source permitted under this section.

Sec. 46.14.220. Objection by federal administrator.

(a) An 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 permit 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 administrator.

(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 operations under AS 46.14.215 or unless a shorter term is requested 

by the permit 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 does 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, 

modification, 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 owner or operator of a stationary source who is required to apply for a permit under 

AS 46.14.130 shall pay to the department all assessed permit administration fees established 
under (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 after the date the permit is issued.

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

with AS 37.10.050 - 37.10.058.

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

(d) Costs incurred by the department and other state or local governmental agencies that are 

assessed against small business facilities that qualify for assistance under AS 46.14.300 -

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

services: 

(1) providing preapplication consultation, assistance, and completeness review of 

applications for a permit, an amendment, a permit modification, or a renewal of a permit;

(2) reviewing or assisting in the preparation of specific documents to support a permit for a 

stationary source; the documents described in this paragraph include on-site evaluations.

Sec. 46.14.250. Emission fees.

(a) A person named as permittee in a permit issued under this chapter shall pay to the 

department all assessed emission fees established under this 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 installment payments of assessed emission 

fees.

(c) For a stationary source that begins operation during a fiscal year, the department shall 

prorate the first year's fee to cover the time period occurring before the next annual payment 

date. The owner or operator shall pay the initial emission fee upon commencement of lawful 

stationary source operation unless authorized to pay by installments under (b) of this section. The 

first year's emission fee may not duplicate a fee paid by a permittee under AS 44.46.025 for the 

same emissions units for the same time period. If the fees would otherwise be duplicative, the 

department shall provide a credit toward the emission fee in the amount of the unused balance of 

the fee collected under AS 44.46.025 . The unused balance to be credited shall be based on 

prorating the total original fee under AS 44.46.025 for the time period for which an 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 permittee 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 exemptions or reduced rates for small amounts of emissions, limits 
upon 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 under (h) of this section.

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

(f) The department shall set the emission fee rate in regulation to implement the policy 

established in (d) of this section. The department shall base the regulation on the findings of a 

report, which the department shall make available to the public with proper notice before 

adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

(3) types, sizes, or categories of stationary sources, their respective emission quantities, and 

their previous or proposed fee burden;

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

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

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

(g) The department shall periodically, and at least every four years, evaluate the fee rate set 

under this section to determine if it is responsive to the policy established in (d) of this section 

and shall provide its findings in a report.

(h) In this section,

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

are assessed and is the lesser of

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

(B) the projected annual rate of emissions, in tons per year, of each air pollutant by the 

stationary source based upon previous actual annual emissions if the permittee can demonstrate 

to the department its previous actual annual rate of emissions through monitoring, modeling, 

calculations, or 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 required under 42 

U.S.C. 7661a(b)(3)(A) and federal regulations implementing that provision, for execution of the 

permit program established under this chapter that are generally not associated with service 

provided to a specific facility, including the costs incurred by the department or a local air 
quality program to comply with AS 46.14.010 - 46.14.015; the costs may include rent, utilities, 

permit program management, administrative and accounting services, and other costs as 

identified by the department in regulations; the fees 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 department may, after 30 days' 

written notice to the permittee, revoke a minor permit, refuse to issue or renew permits requested 

by the permittee, or refuse to amend or modify a permit when the amendment or modification is 

requested by the permittee.

Sec. 46.14.260. Clean air protection fund.

(a) The clean air protection fund is 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 costs associated with an enforcement 

action.

Sec. 46.14.265. Emission control permit receipts account.

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

AS 37.05.146 (c), money received by the department in payment of fees under AS 46.14.240 and 

46.14.250 and under regulations adopted under AS 46.14.140 , other than fees described in AS 

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

from the unrestricted general fund.

(b) Nothing in this section 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 interest collected under AS 
46.14.255 shall be deposited in the general fund and credited to a special account called the 

"clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

If an owner and operator have submitted a timely and complete application for a permit or a 

permit renewal, as applicable, but final action has not been taken on the application, the owner's 

and operator's failure to have an operating permit is not a violation of this chapter unless the 

delay in final action was due to the failure of the owner and operator to submit, in a timely 

manner, additional 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 before 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 notice 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 issuance of the permit;

(B) the permittee has violated this chapter, a regulation, a judicial or administrative order, or 

a material term or condition of a permit, approval, or acceptance issued under this chapter; or

(C) the permittee has failed to construct or modify a stationary source within the time period 

specified in a construction permit, if any, required under AS 46.14.130 (a);

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

department finds that

(A) the permit contains a material mistake; or

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

stationary source; or

(3) shall reopen a permit issued under this chapter

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

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, that become 

applicable after the permit is issued if the permit is issued to a major source and has a remaining 

duration of three or more years; the department shall make revisions allowed under this 

subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months 

after the 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) Reopening of a permit under (a)(3) of this section shall be treated as a permit renewal by 

the department if the procedural requirements for permit renewal have been met.

(c) Proceedings to reopen a permit under this section shall follow the same procedure as for 

initial permit issuance and shall affect only those parts of the permit for which the department 

had cause to reopen under this section.

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

(a) A permittee may request

(1) a permit amendment that provides for administrative 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 paragraph; 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 compliance with applicable requirements of this chapter, regulations adopted 

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

if

(1) the applicable requirements are included and specifically identified in the owner or 

operator's permit; 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 department to obtain information from an owner or operator of a 

stationary source under AS 46.14.020 (b).

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

(a) A small business assistance program is established in the department. The department 

shall include the program in the state air quality control plan developed under 42 U.S.C. 7401 -

7671q (Clean Air Act).

(b) The small business assistance program shall, by regulation, meet the 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 Business Administration and after providing notice and opportunity for public 

hearing, the department may exclude from the scope of the small business assistance program 

established in AS 46.14.300 a category or subcategory of small business facilities that the 

department finds to have sufficient technical and financial capabilities to meet the requirements 

of this chapter and federal law without the assistance provided under AS 46.14.300 - 46.14.320.

(b) Nothing in AS 46.14.300 (c) precludes the department from excluding a business facility 

or category of business facilities 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 commissioner to represent the department; and

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

selected as follows:

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

speaker of the house;

(B) if there are members of the senate who are not part of the majority caucus of the senate, 

the leader of the largest nonmajority group shall select a panel member; if all members of the 

senate are in the majority caucus, then the president of the senate shall select a second panel 

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

(C) if there are members of the house who are not part of the majority caucus of the house, 

the leader of the largest nonmajority group shall select a panel member; if all members of the 

house are in the majority caucus, then the speaker of the house shall select a second panel 

member in addition to the selection authorized under (A) of this paragraph.

(c) The panel members shall serve without compensation but are entitled to transportation 

expenses and per diem as authorized for members of boards and commissions under AS 

39.20.180 .

(d) The compliance advisory panel shall

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

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

required under AS 44.62.310 - 44.62.312;

(3) prepare advisory opinions concerning the effectiveness of the small 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 (Paperwork 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 by the public; and

(6) use the assistance of the small business advocate designated under AS 46.14.300 (b) in 

the development and dissemination of panel reports and advisory 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 quality control program that operates in lieu of and is consistent with 

all or part of the department's air quality program as established under this chapter. A first or 

second class borough may administer an air quality control program approved by the department 

under this subsection on an areawide 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 boundaries 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 boundaries within which a local air quality control program is 

necessary and direct that a local air quality control program spanning those boundaries is the 

only acceptable alternative to direct state 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 duplication of responsibilities. The cooperative agreement must 

include provisions specifying

(1) the respective duties and authority of the department and the municipality or local air 

quality district in the administration of the local air quality control program;

(2) the authority of the municipality or the local air quality district to employ staff to 

administer the local air quality control program;

(3) duties of staff employed under (2) of this subsection;
(4) the procedures that must be followed by the 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 46.14.015.

(e) A local air quality control program shall provide for the exemption of a locally registered 

motor vehicle from motor vehicle emission requirements adopted under AS 46.14.510 if the 

motor vehicle is not used within the program's jurisdiction.

(f) A municipality or a local air quality district administering a program under 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 program more stringent than the 

state program without making findings of public health or air quality effects or using procedures 

substantially equivalent to those required under AS 46.14.010 - 46.14.015. In this subsection, 

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

(g) A determination, order, permit, or permit action issued under a local air quality control 

program is considered to be a determination, order, permit, or permit action of the department.

(h) Notwithstanding any other law or rule of law, the department may not delegate or enable 

another department or government entity to establish fee rates or collect fees under AS 46.14.240

or 46.14.250.

(i) If a municipality or a local air quality district administering a program under this section 

requires emissions inspection for a motor vehicle, emission inspection may not be required more 

than once every two years.

(j) A person who operates a motor vehicle in violation of emissions requirements imposed 

under this section is guilty of a violation and, upon conviction, shall be fined an amount not to 
exceed $500. It is the intent of the legislature that money collected under this subsection be 

appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control 

program under AS 46.14.400 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 

its 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 written 

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 municipality 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 found in the determination, the department shall amend the 

cooperative agreement to reflect a modified allocation of responsibilities between the department 

and municipality or the local air 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 comply with AS 46.14.400 and with any corrective action plan 

required by the department.

(e) If the department finds that control of a particular class of stationary source or emissions 

unit, because of its complexity or magnitude, is beyond the reasonable capability of the 

municipality or the local air quality district or may be more efficiently and economically 

controlled at the state level, the department may assume and retain jurisdiction over the class of 

stationary source or emissions unit. Classifications under this subsection may be based on the 

nature of stationary sources or emissions units involved, their size relative to the size of the 

communities in which they are located, or another basis established by the department.

Article 05. MISCELLANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.
(a) The department shall seek delegation of authority from the federal administrator to 

implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for 

the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations 

that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary 

sources located within 25 miles of the seaward boundary of the state are subject to the 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 while at the stationary source or en route to or from the stationary source and 

within 25 miles of the stationary source.

(c) In this section, "corresponding onshore area" means, with respect to a stationary source 

located within 25 miles of the seaward boundary of the state, the onshore attainment or 

nonattainment area that is closest to the stationary source, unless the commissioner determines 

that another area with more stringent requirements 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 potential 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 control 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 designed 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) The 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 

motor vehicle pollution control program, the department or a municipality that enforces a motor 

vehicle pollution control program may determine if a vehicle is properly registered as required 

by law.

(d) If the department adopts regulations requiring the maintenance of air pollution control 

systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle 

subject to those regulations may not be issued a certificate of inspection unless the required air 

pollution control system or mechanism has been inspected in accordance with the standards, 
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 emissions 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 inspection decal as required by law is guilty 

of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent 

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

from motor vehicle emissions.

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

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

a motor vehicle emission control program established under this chapter, but the fee may not 

exceed the actual costs of the department or the municipality in administering

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

(2) the related ambient air 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 commissioner and certified under regulations adopted under AS 

46.14.140 (a)(14) may, upon presentation of credentials and at reasonable times with the consent 

of the owner or 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 inspector 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 financial 

data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as 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 submitted to and 

approved by the department. Subject to available money appropriated by the legislature for the 

purpose of this section, the department may approve an application if it is consistent with the 

terms and conditions of the applicable cooperative agreement and meets the requirements of this 

chapter.

(b) A municipality or local air quality district with a local air quality control program may 

apply for, receive, administer, and spend federal aid for the control of air emissions or the 

development and administration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the department may award grants of federal or other funds 

received by the department for the control of air emissions or the development or administration 

of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) 

to carry out the purposes of this section.

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

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar 

catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a 

permitted emissions unit in a manner not authorized by the permit, the commissioner may waive 

procedural requirements of this chapter and issue an order to authorize emergency use of the 

emissions unit. When acting under this section, the commissioner shall impose conditions 

necessary to protect life, human health, welfare, property, and the environment and 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 authorization, if warranted, that may 

remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is 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 owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before 

issuance of a permit under this chapter both the owner and operator of a stationary source are 

responsible for compliance with this chapter and regulations adopted under this chapter. If the 

owner and operator of the stationary source are separate persons, only one person is required to 

discharge a specific responsibility. After issuance of a permit under this chapter, only the 

permittee is responsible for permitted operations. The permittee shall have a designated agent for 

service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an 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-based emission standard. This section does not 

limit the department's power to enjoin the emission or require corrective action. This provision is 

in addition to any emergency or upset provision contained in an applicable requirement.

Article 06. GENERAL PROVISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a 

residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a 

condition of air contamination or air pollution; or

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

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 temporarily 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 environmental 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 either 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 person who employs 100 or fewer individuals;

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

(C) emits less than 100 TPY of regulated 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.
 

(This page left blank intentionally) 
40 C.F.R. Part 51 Appendix 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.
 

(This page left blank intentionally) 
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 effort has been made to assure the accuracy 

of the reproduced version, the Department of Environmental Conservation cannot 

guarantee its absolute accuracy. Paper copies of the regulations as originally filed with the 

Lieutenant Governor are available for the Department 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 2009 Supplement to the Alaska 

Administrative Code. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 50.990) 

Editor's note: The regulations in this chapter, effective January 18, 1997, and distributed in 

Register 141, are a comprehensive reorganization and revision of the department's regulations 

dealing with air quality control. Except for the provisions of 18 AAC 50.110 and 

18 AAC 50.700 - 18 AAC 50.735, they replace all previous 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 replaced provisions before January 18, 1997. The 

numbering of sections is not related to the numbering 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, 6/2/88; 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 Register 133, 1/4/95. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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Article 1. Ambient Air Quality Management.

Section

 05. Purpose and applicability of chapter 

 10. Ambient air quality standards 

 15. Air quality designations, classifications, and control regions 

 20. Baseline dates and maximum allowable increases 

 25. Visibility and other special protection areas 

 30. State air quality control plan 

 35. Documents, procedures, and methods adopted by reference 

 40. Federal standards adopted by reference 

 45. Prohibitions 

 50. Incinerator emission standards 

 52. (Repealed) 

 55. Industrial processes and fuel-burning equipment 

 60. Pulp mills 

 65. Open burning 

 70. Marine vessel visible emission standards 

 75. Wood-fired heating device visible emission standards 

 80. Ice fog standards 

 85. Volatile liquid storage tank emission standards 

 90. Volatile liquid loading racks and delivery tank emission standards 

100. Nonroad engines 

110. Air pollution prohibited 

18 AAC 50.005. Purpose and applicability of chapter. (a) The purpose of this chapter 

is to identify, prevent, abate, and control air pollution in a manner that meets the purposes of 

AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean 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. (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 46.14.010 

18 AAC 50.010. Ambient air quality standards. The standards for concentrations of 

air pollutants in the ambient air, measured or predicted 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 micrograms per cubic meter; 

and 

 

(B) 24-hour average of 150 micrograms per cubic meter, with this 

 standard being attained when the expected number of days in a calendar year with a 24-
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 hour average concentration above 150 micrograms per 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 cubic meter; 

(B) 24-hour average of 365 micrograms per cubic meter not to be 

exceeded more than once each year; and 

(C) three-hour average of 1300 micrograms per cubic 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 meter 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 per 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 micrograms per cubic meter; 

(7) for reduced sulfur compounds, expressed as sulfur 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 1993 

AS 46.14.010 

18 AAC 50.015. Air quality designations, classifications, and control regions. (a) 

To identify an area by its air quality, all geographic areas in the state are designated by the federal 

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 meet the ambient standard for a particular air 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient 

information to classify an area as attainment or nonattainment for a particular air pollutant, the 

area is designated "unclassifiable" for that air pollutant. 

(b) The following areas have been designated by the 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 significant 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 Region; 

(B) Northern Alaska Intrastate Air Quality Control Region; 

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

(D) Southeast Alaska Intrastate Air Quality Control Region; and 

(2) classified as shown in Table 1 in this subsection for each air pollutant for 

which the area is designated "unclassifiable" or "attainment." 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 boundaries, the air quality 

control region boundaries, and the Class I area boundaries 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 attorney 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 allowable increases. (a) In an area 

designated nonattainment in 18 AAC 50.015(b), the provisions 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 CONSERVATION 

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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 a 

facility or modification that includes information required under 

18 AAC 50.306 and shows an increase in 

actual PM-10 emissions equal to or exceeding 15 tons per year. 

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

(1) baseline dates for determining the ambient concentration of certain air 

pollutants are established for each air quality control region listed in Table 2 in (a) of this section; 

(2) in areas designated as Class I, II, or III, increases 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, the applicable maximum allowable 

increase may be exceeded during one such period per year at any one location; and 

(4) the baseline concentrations and maximum allowable increases shall be 

measured or predicted by a method described in 18 AAC 50.215. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 concentration of an air pollutant is 

determined as follows: 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(1) for PM-10 and sulfur dioxide, the baseline concentration is the ambient 

concentration of the air pollutant on the applicable baseline date, plus the contribution from 

allowable emissions of a PSD major stationary source for which construction commenced before 

January 6, 1975, but that was not in operation by the baseline date; however, the baseline 

concentration does not include actual emissions from 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 concentration is the ambient concentration 

of the air pollutant on the applicable baseline date, plus the contribution from allowable 

emissions of a PSD major stationary source for which construction commenced before February 

8, 1988, but that was not in operation by the baseline date. 

(f) In this section, “commence” has the meaning given in 40 C.F.R. 52.21(b), adopted by 

reference in 18 AAC 50.040. (Eff. 1/18/97, Register 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 protection areas. (a) Visibility special 

protection areas are established to prevent impairment of visibility. The following areas are 

designated visibility special protection areas: 

(1) Mt. Deborah and the Alaska Range East, as viewed from approximately the 

Savage River Campground area; 

(2) Mt. McKinley, Alaska Range, and the Interior Lowlands, as viewed from the 

vicinity of Wonder Lake; and 

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

(b) A wood smoke control area is a geographic location where a wood-burning activity 

has resulted in two or more discontinuous 24-hour periods when the ambient exposures of 

PM-10 solely from this activity have reached or exceeded 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 are established to prevent the violation of 

the ambient air quality standard and maximum allowable ambient concentration for sulfur 

dioxide. The following areas are designated as special 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 water 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 146) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 AS 46.14 and this 

chapter, as amended through April 4, 2008, are adopted by reference. The plan includes the 

following documents which are also adopted by reference: 

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

April 1994; 

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

by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 91-52; 

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

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

Loading Racks, as amended through December 10, 1992; 

(4) the department's Alaska Quality Assurance Manual for Ambient Air Quality 

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 Models (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 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 7/25/2008, Register 187; am, 

11/9/2008, Register 188) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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

AS 46.14.020 AS 46.14.140

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

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

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

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 Analysis (revised), 

EPA 454/R-92-023, October 1992; 

(3) the United States Environmental Protection Agency's (EPA) publication AP42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area 

Sources, Fifth Edition with Supplements A – F and annual updates, as updated through 

December 2007; 

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications, 

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

(5) Ambient Monitoring Guidelines for Prevention of Significant 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 Portable 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 in 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, and K; 

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

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

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(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 Analysis of 

Reformed Gas by Gas Chromatography; and 

(B) ASTM D 240-92(1997)e2, Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter. 

(c) This subsection adopts the methods and procedures 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 permit 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 Sulfur Petroleum Products 

(Lamp Method), approved February 10, 1998; 

(3) ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum Products 

(High Temperature Method), approved August 15, 1995; 

(4) ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum Products by 

Wavelength Dispersive X-Ray Fluorescence Spectometry, approved April 10, 1998; 

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and 

Petroleum Products by Energy Dispersive X-Ray Fluorescence Spectroscopy, approved April 10, 

1998; 

(6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and 

Petroleum Products by Hydrogenolysis and Rateometric Colorimetry, approved January 10, 

1999; 

(7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of 

Sulfur in Coal, approved March 30, 1990; 

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate 

Analysis of Coal and Coke, approved September 29, 1989; 

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for Performing 

the Sieve Analysis of Coal and Designating Coal Size, approved November 27, 1987; 

(10) ASTM D 1140-97, Standard Test Method for Amount of Material in Soils 

Finer Than the No. 200 Sieve, approved May 10, 1997; 

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

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(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid 

Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence 

Detection, approved April 10, 1996; 

(13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and 

Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998; 

(14) ASTM D 4913-89( Reapproved 1995), Standard Practice 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 Test Method for Hydrogen 

Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 1988; 

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to 

Certify Conformance with Design and Performance Specifications, approved February 10, 1998; 

(17) ASTM D 4239-00 Standard Test Methods for Sulfur in the Analysis Sample 

of Coal and Coke Using High-Temperature Tube Furnace 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 11/9/2008, 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 1993 

Editor's note: The documents, procedures, and methods adopted by reference in 

18 AAC 50.035 may be reviewed at the department's Anchorage, 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) 541-5285. 

For information on how to obtain a copy of the ASTM documents referred to in 

18 AAC 50.035, contact the American Society for Testing and Materials (ASTM), Publications 

Department, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 19428-2959, phone 

(610) 832-9585; fax (610) 832-9555. 

 18 AAC 50.040. Federal standards adopted by reference. (a) The following 

provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), as 

revised as of July 1, 2007, are adopted by reference 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 Steam 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

13 

Generators for Which Construction is Commenced After August 17, 1971); 

(B) Subpart Da (Standards of Performance for Electric Utility Steam 

Generating Units for Which Construction is Commenced After September 18, 1978); 

(C) Subpart Db (Standards of Performance for Industrial – 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 Incinerators); 

(F) Subparts Ea and Eb (Standards of Performance for Municipal Waste 

Combustors); 

(G) Subpart Ec (Standards of Performance for Hospital, Medical, and 

Infectious Waste Incinerators; 

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

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

(J) Subpart J (Standards of Performance for Petroleum Refineries); 

(K) Subpart K (Standards of Performance for Storage Vessels for 

Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced 

After June 11, 1973, and Prior to May 19, 1978); 

(L) Subpart Ka (Standards of Performance for Storage Vessels for 

Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced 

After May 18, 1978, and Prior to July 23, 1984); 

(M) Subpart Kb (Standards of Performance for Volatile Organic Liquid 

Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, 

Reconstruction, or Modification Commenced After July 23, 1984); 

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

(O) Subpart N (Standards of Performance for Primary Emissions from 

Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 

1973); 

(P) Subpart Na (Standards of Performance for Secondary Emissions from 

Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced 

After January 20, 1983); 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

14 

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

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

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

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

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

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

(W) Subpart HH (Standards of Performance for Lime Manufacturing 

Plants); 

(X) Subpart LL (Standards of Performance for Metallic Mineral Processing Plants); 

(Y) Subpart UU (Standards of Performance for Asphalt Processing and 

Asphalt Roofing Manufacture); 

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC 

in the Synthetic Organic Chemicals Manufacturing Industry); 

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals); 

(BB) Subpart GGG (Standards of Performance for Equipment Leaks of 

VOC in Petroleum Refineries); 

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

(DD) Subpart KKK (Standards of Performance for Equipment Leaks of 

VOC from Onshore Natural Gas Processing Plants); 

(EE) Subpart LLL (Standards of Performance for Onshore Natural Gas 

Processing: SO2 Emissions); 

(FF) Subpart OOO (Standards of Performance for Nonmetallic Mineral 

Processing Plants); 

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From 

Petroleum Refinery Wastewater Systems); 

(HH) Subpart UUU (Standards of Performance for Calciners and Dryers 

in Mineral Industries); 

(II) Subpart WWW (Standards of Performance for Municipal Solid Waste 

Landfills); 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(JJ) Subpart CCCC (Standards of Performance for Commercial and 

Industrial Solid Waste Incineration Units for Which Construction Is Commenced After 

November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or 

After June 1, 2001); 

(KK) the provisions of Subpart AAA (Standards of Performance 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 wood 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 Mercury); 

(B) Subpart J (National Emission Standard for Equipment Leaks (Fugitive 

Emission Sources) of Benzene); 

(C) Subpart V (National Emission Standard for Equipment Leaks 

(Fugitive Emission Sources)); 

(D) Subpart Y (National Emission Standard for Benzene Emissions from 

Benzene Storage Vessels); and 

(E) Subpart FF (National Emission Standard for Benzene Waste Operations); 

(F) the Standard for Demolition and Renovation under 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, and Appendix A to Subpart M 

(Interpretive Rule Governing Roof Removal Operations); 

(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 CONSERVATION 

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 adopted; 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 operator 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, sec. 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 Extensions for Early 

Reductions of Hazardous Air Pollutants); 

(4) Subpart M (National Perchloroethlyene Air Emission Standards for Dry 

Cleaning Facilities); 

(5) Subpart N (Chromium Electroplating and Anodizing); 

(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 Operations); 

(10) Subpart CC (Petroleum Refineries); 

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

(12) Subpart GG (Aerospace Manufacturing and Rework Facilities); 

(13) Subpart HH (Oil and Natural Gas Production Facilities; 

(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 Storage Facilities); 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(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 (Non-Gasoline)); 

(22) Subpart YYYY (Stationary Combustion Turbines); 

(23) Subpart ZZZZ (Stationary Reciprocating Internal 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 Sources: Chromium 

Compounds); 

(29) Subpart OOOOOO (Flexible Polyurethane Foam Production and Fabrication 

Area Sources); 

(30) Subpart PPPPPP (Lead Acid Battery Manufacturing Area Sources); 

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

(32) Appendix A (Test Methods); 

(33) Appendix B (Sources Defined for Early Reduction Provisions). 

(d) The provisions of 40 C.F.R. Part 82, as revised 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 adopted 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 CONSERVATION 

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(1) Subpart FFF (Federal Plan Requirements for Large Municipal Waste 

Combustors Constructed on or Before September 20, 1994); 

(2) Subpart GGG (Federal Plan Requirements for Municipal 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 Hospital/Medical/Infectious 

Waste Incinerators Constructed on or Before June 20, 1996); 

(4) Subpart III (Federal Plan Requirements for Commercial and Industrial Solid 

Waste Incineration Units that Commenced Construction on or Before November 30, 1999); 

(5) Subpart JJJ (Federal Plan Requirements for Small Municipal Waste 

Combustion Units Constructed on or Before August 30, 1999). 

(h) The following provisions of 40 C.F.R. 51.166 and 40 C.F.R. 52.21 (Prevention of 

Significant Deterioration of Air Quality), as revised 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 Procedures); 

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

(A) the following provisions are not adopted, and the terms defined in 

those provisions have the meanings given in AS 46.14.990 and 18 AAC 50.990: 

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

(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 CONSERVATION 

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(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 pollutant”); 

(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 Analyses); 

(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 Technology); 

(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 combustion of fuel; 

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(iii) also apply to owners 

or operators using mass balance calculations to monitor PAL pollutant emissions from 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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activities using coating or solvents or from activities 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 that 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 as follows: 

(A) the following provisions are not adopted, and the terms defined in 

those provisions have the meanings given in AS 46.14.990: 

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

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“building, structure, facility, or 

installation”); 

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

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

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

(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 50.990: 

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

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

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

(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 Emissions); 

(7) repealed 7/25/2008; 

(8) repealed 7/25/2008; 

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

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(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 activities using coating or solvents or for 

activities emitting sulfur dioxide from the combustion of fuel; 

(B) the requirements of 40 C.F.R. 51.165(f)(12)(iii) also apply to owners 

or operators using mass balance calculations to monitor PAL pollutant emissions from 

activities using coating or solvents or from activities 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 provided 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, Renewal, 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) (Administrative 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, Register 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 subject to a federal emission standard that is 

not at a stationary source subject to a Title V permit should contact the United States 

Environmental Protection Agency.
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.045. Prohibitions. (a) A person may not dilute emissions with air to 

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 source that emits an air pollutant subject 

to this chapter shall ensure that the stationary source 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 that 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 construction project shall take reasonable precautions 

to prevent particulate matter from being emitted into the ambient air. 

(e) Dispersion techniques may not be used to comply with this chapter, except for 

compliance with 18 AAC 50.110. 

 (f) Subject to (g) of this section, as used in this 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 good engineering practice stack 

height; 

(2) varying the emissions rate of an air pollutant according to atmospheric 

conditions or ambient concentrations of that air pollutant; or 

(3) increasing exhaust gas plume rise by 

(A) manipulating a source process parameter, exhaust gas parameter, or 

stack parameter; 

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

or 

(C) other selective handling of exhaust gas streams. 

 

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

(1) reheating a gas stream to its original discharge temperature after use of an 

emission control system; 

(2) combining the exhaust gases from several stacks into one stack if the 

stationary source was originally designed and constructed with combined exhaust streams; 

 (3) combining the exhaust gases from several stacks into one stack, if done when 

an emission control system is installed and results in a net reduction in the allowable emissions 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

23 

of the controlled air pollutant; or 

(4) any technique that increases the exhaust gas plume rise if the allowable 

emissions of sulfur dioxide from the stationary source 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 curtain 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 incinerator may not exceed the particulate 

matter standard listed for that incinerator in Table 4 in this subsection. 

Table 4. Particulate Matter Standards for Incinerators

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 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 

 (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 1993 

AS 46.14.010 AS 46.14.030 

18 AAC 50.052. Emission standards for certain municipal solid waste landfills. 

Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.055. Industrial processes and fuel-burning equipment. (a) Visible 

emissions, excluding condensed water vapor, from an industrial process or fuel-burning 

equipment may not reduce visibility through the exhaust effluent by 

(1) more than 20 percent averaged over any six consecutive minutes, except as 

provided in (2) - (9) of this subsection; 

(2) more than 30 percent averaged over any six consecutive minutes for fuelburning equipment in operation before November 1, 1982, 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 minutes, nor more than 40 percent, based on a 

daily 24-hour average of five-second measurements by continuous opacity monitoring instrumentation approved by the department and that conforms to Performance Specification Number 

1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; 

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt 

plant constructed or modified after June 11, 1973; 

(5) 20 percent or greater averaged over any six consecutive 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 consecutive 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 consecutive minutes for process 

emissions, other than from a kiln, at a portland cement plant constructed or modified after 

November 1, 1982; 

(8) 20 percent or greater averaged over any six consecutive 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 minutes in any one hour, except for 

an additional three minutes in any one hour for a coal burning boiler that began operation before 

August 17, 1971, if 

(A) the visible emissions are caused by startup, shutdown, soot-blowing, 

grate cleaning, or other routine maintenance activities specified in an operating permit 

issued under this chapter; 

(B) the owner or operator of the boiler monitors visible 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; and 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

25 

(ii) completes one cycle of sampling and analyzing for each 

successive 15-second period; 

(C) the owner or operator of the boiler provides the department with a 

demonstration that the particulate matter emissions from the boiler allowed by this 

opacity limit will not cause or contribute to a violation of the ambient air quality 

standards for PM-10 in 18 AAC 50.010, or to cause the maximum allowable increases for 

PM-10 in 18 AAC 50.020 to be exceeded; and 

(D) the federal administrator approves a stationary 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 opacity 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) of 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 operation before July 1, 1972, except as 

provided in (6) of this subsection; 

(4) 0.15 grains for fuel-burning equipment in operation before November 1, 1982, 

and using more than 20 percent woodwaste as fuel; 

(5) 0.04 grains for an asphalt plant constructed or 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 ppm 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 following sources, constructed or 

modified after November 1, 1982, may not exceed the following: 

(1) for a catalytic cracking unit catalyst regenerator 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(A) 1.0 kilogram of particulate matter per 1,000 kilograms of coke 

burnoff; 

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

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

(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 percent oxygen on a dry basis, if the air 

pollutants are not oxidized before release to the atmosphere; and 

(3) for fuel-burning equipment, a sulfur dioxide concentration, averaged over 

three hours, equal to whichever of the following is applicable: 

(A) for equipment burning only fuel gas, the concentration of uncontrolled emissions that would result from burning fuel 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 combination 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 other fuels to the total fuel burned in the 

equipment. 

(e) At a coal preparation plant, emissions from the following sources, if constructed or 

modified after November 1, 1982, may not exceed the following: 

(1) for a thermal drying unit, 70 milligrams of particulate matter per cubic meter 

of exhaust gas at standard conditions; and 

(2) for a pneumatic coal-cleaning unit, 40 milligrams 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 particulate matter per 1,000 kilograms 

of feed on a dry basis to the kiln; and 

(2) for a kiln, 0.15 kilograms of particulate matter per 1,000 kilograms of feed on 

a dry basis. 
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(g) Release of materials other than process emissions, 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 issued 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 1993 

AS 46.14.010 AS 46.14.030 

18 AAC 50.060. Pulp mills. Average emissions per ton of air dried pulp produced from 

a sulfite pulp mill may not exceed, in any 24-hour period, 

(1) 20 pounds of sulfur oxides (expressed as sulfur dioxide) from blow pits, 

washer vents, storage tanks, digester relief systems, and recovery systems; and 

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks, 

digester relief systems, and recovery systems. (Eff. 1/18/97, Register 141) 

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

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 and shall ensure that 

(1) the material is kept as dry as possible through 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 present; 

(4) to the greatest extent practicable, combustibles 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 products, plastics, tars, oils, oily wastes, 

contaminated oil cleanup materials, or other materials in a way that gives off black smoke is 

prohibited without written department approval. Department approval of open burning as an oil 

spill response countermeasure is subject to the department's In Situ Burning Guidelines for 

Alaska, adopted by reference in 18 AAC 50.035. Open burning approved under this subsection 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

28 

is subject to the following limitations: 

(1) open burning of liquid hydrocarbons produced during oil or gas well flow 

tests may occur only when there are no practical means available to recycle, reuse, or dispose of 

the fluids in a more environmentally acceptable manner; 

(2) the person who conducts open burning shall establish reasonable procedures 

to minimize adverse environmental effects and limit the amount of smoke generated; and 

(3) the department will, in its discretion, as a condition of approval issued under 

this subsection, require public notice as described in (j) of this section. 

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or 

incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane 

products in a way that gives off toxic or acidic gases or particulate matter is prohibited. 

(d) Adverse Effects Prohibited. Open burning of putrescible garbage, animal carcasses, 

or petroleum-based materials, including materials contaminated with petroleum or petroleum 

derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby 

persons or property. 

(e) Air Quality Advisory. Open burning is prohibited in an area if the department 

declares an air quality advisory under 18 AAC 50.245, stating that burning is not permitted in 

that area for that day. This advisory will be based on a determination that there is or is likely to 

be inadequate air ventilation to maintain the standards set by 18 AAC 50.010. The department 

will make reasonable efforts to ensure that the advisory is broadcast on local radio or television. 

(f) Wood Smoke Control Areas. Open burning is prohibited between November 1 and 

March 31 in a wood smoke control area identified in 18 AAC 50.025(b). 

(g) Controlled Burning. Controlled burning to manage forest land, vegetative cover, 

fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires written 

department approval if the area to be burned exceeds 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 combustion efficiency under the following 

circumstances: 

(1) before igniting the structure, the fire service shall 

(A) obtain department approval for the location of the proposed firefighter 

training; approval will be based on whether the proposed open burning is likely to 

adversely affect public health in the neighborhood of the structure; 

(B) visually identify materials in the structure that might contain asbestos, 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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

(C) ensure that the structure does not contain 

(i) putrescible garbage; 

(ii) electrical batteries; 

(iii) stored chemicals such as fertilizers, pesticides, paints, glues, 

sealers, tars, solvents, household cleaners, or photographic reagents; 

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

(v) hazardous waste; 

(vi) lead piping; 

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

more; or 

(viii) urethane or another plastic foam insulation; 

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

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

structure; 

(2) the fire service shall ignite and conduct training 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 outbuildings; and 

(3) the fire service shall respond to complaints in 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 without ensuring maximum combustion efficiency. 

To conduct this training without prior written department approval, the fire service shall 

(1) provide public notice consistent with (j) of this section before burning more 

than 20 gallons of uncontaminated fuel, unless waived in writing by the department; and 

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

(j) Public Notice. A person required to provide public notice of open burning shall issue 

the notice through local news media or by other appropriate means if the area of the open burning 

does not have local news media. The public notice must be issued as directed by the department 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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and must 

(1) state the name of the person conducting the burn; 

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

(3) provide a telephone number to contact the person 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 during which a surprise 

fire drill may be conducted (this period may not exceed 30 days); and 

(5) for open burning other than a surprise fire drill, state the expected time, date, 

and location of the open burning. 

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

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

(2) keep, for at least 30 days, a record of all complaints received about the burn, 

including to the extent feasible 

(A) the name, address, and telephone number of each person who 

complained; 

(B) a short summary of each complaint; and 

(C) any action the person conducting the open burning took to respond to 

each complaint; and 

(3) upon request, provide the department with a copy of the records kept under 

(2) of this subsection. (Eff. 1/18/97, Register 141) 

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 1993 

18 AAC 50.070. Marine vessel visible emission standards. Within three miles of the 

Alaska coastline, visible emissions, excluding condensed 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 than 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

31 

(A) three minutes in any one hour; and 

(B) an additional three minutes during initial startup of a vessel; for 

purposes of this subparagraph, "initial startup" includes the period during which a vessel 

is testing equipment in preparation to casting off or weighing anchor; 

(2) during the hour immediately after weighing anchor or casting off, visibility 

may be reduced 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; 

(3) during the hour immediately before the completion of all maneuvers to anchor 

or make fast to the shore, visibility may be reduced 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 section, visibility may be reduced 

by up to 100 percent for periods aggregating no more than three minutes in any one hour. 

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146) 

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

AS 46.14.010 

18 AAC 50.075. Wood-fired heating device visible emission standards. (a) A person 

may not operate a wood-fired heating device in a manner that causes 

(1) black smoke; or 

(2) visible emissions that exceed 50 percent opacity for more than 15 minutes in 

any one hour in an area for which an air quality advisory 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 under 18 AAC 50.245. 

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a 

person may not violate or cause a violation of a provision of the Code of the City and Borough of 

Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and 

Borough of Juneau, Alaska, Serial No. 91-52, adopted by reference in 18 AAC 50.030. 

(Eff. 1/18/97, Register 141) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

32 

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

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 industrial process, fuel-burning equipment, or 

incinerator in an area of potential ice fog to obtain 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 1993 

AS 46.14.010 

18 AAC 50.085. Volatile liquid storage tank emission 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 shall reduce organic vapors emitted to the 

atmosphere by using 

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

(2) an internal floating roof that meets the specifications of 40 C.F.R. 

60.112b(a)(1), adopted by reference in 18 AAC 50.040; 

(3) a closed vent system and control device that collects and reduces organic 

vapors emitted to the atmosphere by at least 95 percent (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 volatile liquid storage tank with an internal 

floating roof described in (a)(1) of this section shall reduce organic vapors emitted to the 

atmosphere by modifying the seals and fittings to meet the specifications of 40 C.F.R. 

60.112b(a)(1), adopted by reference in 18 AAC 50.040, 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 volatile liquid storage tank that is located in 

the Port of Anchorage, that has a volume equal to or 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 than 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 the document referred to in (a)(3) of this section 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

33 

to determine compliance with this section. In accordance 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 equipment; 

(2) repair any deficiencies detected; 

(3) report to the department the results of all inspections 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 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 50.090. Volatile liquid loading racks and delivery tank emission standards. 

 (a) The owner, operator, or permittee of a stationary source that is located in the Port of 

Anchorage and that has a volatile liquid loading rack with a design throughput of 15 million 

gallons (357,143 barrels) or more per year shall reduce 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 the delivery tank or 

through a submerged loading arm that extends to within six inches of the bottom of the 

delivery tank; 

(B) collects all organic vapors displaced during the loading of vapor-laden 

delivery tanks; 

(C) prevents any organic vapors collected at one delivery tank loading 

position from passing to another delivery tank loading position; 

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

(i) a control device that emits no more than 10 milligrams 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 subparagraph; in making a determination 

under this clause, the department will use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid 

Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.030; 

(E) prevents the gauge pressure in any delivery tank connected to the 

vapor collection system from exceeding 18 inches of water; and 

(F) does not contain a pressure relief valve designed to open at a gauge 

pressure of less than 18 inches of water, except that for a system using vapor balancing to 

a storage tank, a pressure relief valve on the storage tank or on any portion of the vapor 

collection system between a storage tank and the control device may be designed to open 

at a gauge pressure less than 18 inches of water, but 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 this section within the 

preceding 12 months; and 

(3) preventing leaks in the vapor collection system or liquid loading equipment 

that result in the release of a volatile liquid organic 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 delivery tank is vapor-tight; the owner 

or operator shall perform an annual test in accordance 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 minutes; 

(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 tank truck or tank 

trailer, the delivery tank must be marked in accordance 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 CONSERVATION 

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(B) for a delivery tank that is the tank portion of a rail tank car, 

(i) the delivery tank must be marked with letters and numerals 

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 marking 

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 the loading rack with a copy of 

the most recent test results under (1) of this subsection; and 

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

 

(c) When conducting source testing, the department will, and the owner, operator, or 

permittee shall, use the procedures 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, to determine compliance with this section. In 

accordance with those procedures, the owner, operator, or permittee shall 

(1) periodically inspect air pollution control equipment; 

(2) repair any deficiencies detected; 

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

(4) keep records of all inspections and repairs for at least five years. 

 (Eff. 1/18/97, Register 141; 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 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 classification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance 

with other applicable air pollution control requirements. (Eff. 1/18/97, Register 141; am 

10/1/2004, Register 171) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 or property. (Eff. 5/26/72, Register 42) 

Authority: AS 46.03.020 AS 46.03.710 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 quality classifications 

260. Guidelines for best available retrofit technology 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 chapter, the owner, operator, or permittee of a 

stationary source shall maintain records of, and report 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 1993 

AS 46.14.020 

18 AAC 50.201. Ambient air quality investigation. (a) Upon a finding by the 

department that emissions from an existing stationary source have a reasonable likelihood of 

causing or significantly contributing to ambient concentrations of one or more air pollutants that 

exceed an ambient air quality standard, maximum allowable 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 those 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 regulations, and deemed complete by the 

department, must satisfy the evaluation requirements of this section, and any prior analysis must 

accurately represent the stationary source’s emissions. 

(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 ensure 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 regulation. Before imposing a reduction or control 

strategy, the department will consult with the affected owner, operator, or permittee and provide 

the affected public an opportunity for comment and hearing. To the extent practicable, given the 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

38 

costs of determining an equitable allocation, any emission reduction or control strategy imposed 

under this section will be equitably allocated among stationary, mobile, and area sources and 

source categories based upon their relative contribution to the ambient impacts of concern, the 

cost of additional controls, and other equitable factors. 

(c) When determining whether to impose a reduction or control strategy under (b) of this 

section, the department will consider the uncertainties of ambient air quality analysis, the costs 

and benefits of resolving the uncertainties, the nature 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 the department’s ability to require or 

conduct ambient air quality analysis or control under 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 under 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 and information in and attached to this document 

are true, accurate, and complete." 

(b) The department may accept an electronic signature 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 subsection, that the person accepts or agrees to be 

bound by an electronic record executed or adopted with 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 1993 

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 CONSERVATION 

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18 AAC 50.215. Ambient air quality analysis methods. (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 Quality 

Monitoring, adopted by reference in 18 AAC 50.030, for PM-10, total suspended particulates 

(TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, and ammonia; 

(2) a reference method or an equivalent method described 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 Modeling 

Applications, adopted by reference in 18 AAC 50.035(a), for meteorological 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 section, a person who submits an analysis 

performed to predict ambient air quality conditions shall 

(1) ensure that estimates of ambient concentrations and impairment to visibility 

are based on applicable air quality models, databases, and other requirements specified in 

40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 

18 AAC 50.040(f); and 

(2) for comparing predicted or measured ambient concentrations of an air 

pollutant to a maximum allowable increase established under 18 AAC 50.020(b)(2), exclude 

(A) concentrations attributable to a temporary construction 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 person 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 Alternative 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 administrator and the commissioner. 
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(d) Table 5 establishes the significant impact level, expressed as micrograms per cubic 

meter, for each pollutant and averaging time. If the 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 violation 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 meter) 

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 applicable. 

 (e) A person may use the SCREEN3 dispersion model, without meeting the requirements 

of (c) of this section, if the analysis conducted with 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 146; 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 1993 

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 emission tests to determine compliance with 

AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other 

requirement specifies a time period within which testing must be completed, the owner, operator, 

or permittee shall conduct the testing within the specified period regardless of whether the 

department explicitly calls for testing under this subsection. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(b) Unless otherwise specified by an applicable requirement or test method, an air 

pollutant emission test must be performed 

(1) at a point or points that characterize the actual discharge into the ambient air; 

and 

(2) at the maximum rated burning or operating capacity of the emission unit or 

another rate determined by the department to characterize 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 requirements 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 requirements 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 requirements 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 through 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," of the state air quality control plan, 

adopted by reference in 18 AAC 50.030; 

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, 

fluorides, sulfuric acid mist, municipal waste combustor 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 follow 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 determined using an alternative method 

approved by the department in accordance with Method 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 the excess air volume normal for the specific 

source type, corrected to standard conditions. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 prior compliance tests or other reasonably 

accurate data or calculations; 

(2) the potential variability of emissions from the 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, Appendix 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 particulate matter standards in 

18 AAC 50.050 or 18 AAC 50.055, the three-hour average is determined using the average of 

three one-hour test runs. The source test must account for those emissions caused by soot 

blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test 

run includes the emissions caused by the routine maintenance activity and is conducted under 

conditions that lead to representative emissions from that activity. The emissions must be 

quantified using the following equation: 

Where: 

E = the total particulate emissions of the source in grains per dry standard 

cubic foot (gr/dscf). 

EM = the particulate emissions in gr/dscf measured during the test that included 

the routine maintenance activity. 

ENM = 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 occurring during the test tun that 

included routine maintenance activity, expressed to 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 hours, expressed to the 

nearest hundredth of an hour. 

S = the maximum period of routine maintenance activity 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 1993 

























A x R

BS

 - 

R

(R - S)

 + E

A x R

S

 = E E M (A B) + x NM
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

43 

 18 AAC 50.225. Owner-requested limits. (a) The owner or operator of an existing or 

proposed stationary source may request an enforceable limit on the ability to emit air pollutants. 

A limitation approved under this section is an enforceable 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 limits on the ability to emit, the owner or 

operator shall submit to the department 

(1) a completed stationary source identification form; 

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

(3) a calculation of the stationary source’s actual emissions and potential to emit 

air pollutants; 

(4) a description of each proposed limit, including for each air pollutant a 

calculation of the effect the limit will have on the 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 seeks to avoid, including an 

explanation of why the requirement would apply in the absence of the limit and how the limit 

allows the person to avoid the requirement; 

(7) if applying all limits does not avoid all permit classifications under AS 46.14 

and this chapter, a description, and if necessary an 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 after 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 request; or 

(2) deny the request and notify the owner or operator 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 CONSERVATION 

44 

(1) the department will publish a notice in a newspaper of general circulation 

within the area where the stationary source is or will be located; the department will publish this 

notice in two consecutive issues of the newspaper and 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, including 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 notice; and 

(D) the name and address of the person to whom comments 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 the 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 required 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 additional 60 days; and 

 

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

 (e) After the public comment period provided under (d) of this section, the department 

will consider the comments received during the public comment period and will make a final 

decision whether to approve, approve with conditions, 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 provided in (d) of this section will be considered a 

permit action to deny the request for the purpose of review under AS 46.14.200. 

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

(1) describes the terms and conditions of the approval, including specific testing, 

monitoring, recordkeeping, or reporting requirements; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

45 

(2) lists all equipment covered by the approval; 

(3) describes the requirement that the limit allows 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 effective the day after the department 

receives a copy of the letter of approval bearing the 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 operator shall comply with all terms and 

conditions of the approval. 

(h) The owner or operator may request the department to revise the terms or conditions 

of the approval issued under this section by submitting 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 operator 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 avoided. (Eff. 1/18/97, Register 141; am 6/21/98, 

Register 146; am 10/1/2004, Register 171; am 1/29/2005, 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 the day after the department receives a request 

containing all the required information. Under these "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 remains in effect until revoked in accordance with (e)

of this section. 

(b) The owner or operator of a stationary source containing 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 limit requested. 

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel 

engines may be established by restricting the amount of fuel that may be burned in an engine. To 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

46 

implement these limits, the owner or operator shall

(1) submit to the department a letter or form containing 

(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 paragraph, determined by dividing the 

number provided under (C) of this paragraph by 3,309; 

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, 

from all emission units at the stationary source that 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 under (D) and (E) of this paragraph; 

(G) a list setting out each of the conditions required under (2) of this 

subsection; 

(H) a certification bearing the owner's or operator's signature stating that 

(i) "Based on information and belief formed after reasonable 

inquiry, I certify that the information in this request is true, accurate, and complete"; and 

(ii) the owner or operator fully understands the conditions required 

under (2) of this subsection and agrees to those conditions 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 equipment 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 equipment listed under 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 records and calculations 

under (B) of this paragraph available for department 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 distribution 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 18 AAC 50.040(a)(2)(M) and (AA). The 

owner or operator shall 

(1) submit to the department a letter or form containing 

(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 owner or operator stating 

that 

(i) "Based on information and belief formed after reasonable 

inquiry, I certify that the information in this request is true, accurate, and 

complete"; and 

(ii) the owner or operator fully understands the conditions required 

under (2) of this section and agrees to those conditions 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 from 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 records under (B) of this 

paragraph available for department inspection for at least five years; and 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 for the preceding year. 

 

(e) The owner or operator may terminate a limit under this section by notifying the 

department, in writing, of the proposed date for termination of the limit. On and after the 

proposed date, the limit is no longer in effect unless the limit made it possible for the owner or 

operator to avoid any preconstruction review procedures 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 effect until the owner or operator obtains 

(A) a new construction permit under this chapter as if the limit had never 

existed; or 

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit 

that allows the owner or operator to continue to avoid preconstruction review; or 

(2) did not make it possible to avoid preconstruction review, but made it possible 

to avoid a Title V permit or minor permit to operate, 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 classified in 18 AAC 50.508, a 

new limit that allows the owner or operator to continue to avoid the need for the permit. 

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; 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 malfunctions. (a) If an unavoidable 

emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based 

emission standard, the owner, operator, or permittee shall 

(1) take all reasonable steps to minimize levels of emissions that exceed the 

standard; and 

(2) give written notice to the appropriate department office within two working 

days after the event commenced or was discovered; notice under this paragraph must include a 

description of the event, the cause of the event, steps taken to mitigate emissions, and corrective 

measures taken or to be taken. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

49 

(b) A person who asserts the affirmative defense recognized in AS 46.14.560 must 

demonstrate that 

(1) an unavoidable emergency, malfunction, or nonroutine repair of an emission 

unit occurred, and the person can identify the cause; 

(2) the stationary source was being properly operated when the event described in 

(1) of this subsection occurred; and 

(3) the person took the steps required under (a) of 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 proof. 

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

(1) if it arises from a sudden and reasonably unforeseeable event beyond the 

person's control, including an act of God, that requires immediate corrective action to restore 

normal operation; and 

(2) to the extent it was not the result of improper design, lack of preventive 

maintenance, careless or improper operation, or operator 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 under (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 threat to human health or safety or that the 

owner, operator, or permittee believes to be unavoidable must be reported to the department as 

soon as possible. Unless otherwise specified in the 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 monitoring report, whichever is sooner. If 

requested by the department, the owner, operator, or permittee shall submit a full written report 

that includes the known causes, the corrective actions taken, and the preventive measures to be 

taken to minimize or eliminate the chance of recurrence. 

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and demonstrates 

that 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

50 

(1) the excess emissions could not have been prevented 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 property damage. 

 

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and demonstrates 

that the excess emissions could not have been avoided through reasonable design, better 

scheduling for maintenance, or better operation and maintenance practices. 

(f) Excess emissions due to upsets will be considered 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 indicative of inadequate design, 

operation, or maintenance; and 

(3) when the operator knew or should have known that an emission standard or 

permit condition was being exceeded, the operator took immediate and appropriate corrective 

action in a manner consistent with good air pollution control practice for minimizing emissions 

during the event, taking into account the total emissions impact of the corrective action, 

including slowing or shutting down the source as necessary 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. (Eff. 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 action if the concentration of an air pollutant in 

the ambient air has reached, or is likely in the immediate future to reach, any of the 

concentrations established in Table 6 in this subsection. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 advisory under (b) of this section, the 

department will 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

52 

(1) request voluntary emission curtailments from any person issued a permit 

under this chapter whose stationary source’s emissions might impact the area subject to the 

advisory; and 

(2) publicize actions to be taken to protect public 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 1993 

AS 46.14.010 AS 46.14.030 

18 AAC 50.250. Procedures and criteria for revising air quality classifications. (a) 

Except for the Class I areas identified in 18 AAC 50.015(c), the class of any geographical area of 

the state can be revised. This section sets out the procedures and criteria for revising an air 

quality classification. 

(b) A geographic area that exceeds 10,000 acres and is one of the following may be 

classified only as Class I or Class II: 

(1) a national park or national wilderness area established after August 7, 1977; 

or 

(2) a national monument, national primitive area, national preserve, national 

recreation area, national wild and scenic river, national wildlife refuge or range, or a national 

lakeshore or seashore. 

(c) The department will, on its own motion, or upon receipt of a petition under 

AS 44.62.220, propose to change the air quality classification of a geographical area. The 

department will, in its discretion, combine or coordinate any public meetings or hearings 

conducted under (e) of this section with those conducted 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 44.62.210. 

(d) Before proposing a change to a geographic air quality classification, the department 

will prepare, and a person submitting a petition under AS 44.62.220 must provide, a report that 

includes 

(1) an accurate description of the boundaries of the 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 the air quality classification is 

proposed and is in the public interest; 

(4) a detailed evaluation of new emissions and ambient air quality impacts 

expected to occur in the area to be reclassified and in adjacent areas as a result of a modification 

to a stationary source in that area or from construction and operation of a new stationary source 

in that area 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

53 

(A) for which a complete permit application under AS 46.14.160 is 

pending before the department at the time the report is prepared; or 

(B) that has been proposed, would be subject to this chapter and 

AS 46.14.120 or 46.14.130, and could not be permitted under those provisions without a 

change in the air quality classification for the area; 

(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, environmental, economic, social, and energy 

effects of the proposed reclassification. 

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that changes 

the air quality classification of an area of the state, 

(1) for any change, 

(A) the federal administrator must have approved the change; 

(B) the department must have conferred with the elected leadership of 

local and other substate general purpose governments in the area covered by the proposed 

redesignation; 

(C) the department must have notified each affected federal land manager 

of the proposed change and provided at least 30 days to comment on the report described 

in (d) of this section; 

(D) the department must have published in a newspaper of general 

circulation in the state a summary of the comments and recommendations of any affected 

federal land manager received under (B) of this paragraph and an explanation of the 

reasons for implementing a change that is inconsistent with the recommendations of the 

federal land manager; and 

(E) the commissioner must have determined that 

(i) the health, environmental, economic, social, and energy effects 

of the change are in the public interest; and 

(ii) implementing the change will not cause or contribute to a 

violation of the ambient air quality standards or maximum 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; and 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 the meaning given in 40 C.F.R. 

51.166(b)(24), as revised as of July 1, 2003 and adopted 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 under the regional 

haze rule (a) For the purposes of this section, the following 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 AS 46.14.990; 

 (B) “major stationary source” has the meaning given in AS 46.14.990 and 

18 AAC 50.990: 

 (C) “potential to emit” has the meaning given in AS 46.14.990; 

 (D) “stationary source” has the meaning given in AS 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, 2007. 

 (b) Sources subject to BART shall be identified consistent 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 writing 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 this section may request an exemption 

from BART. Exemptions from BART approved by the department in writing prior to December 

30, 2007 shall have the same effect as those approved 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 after the latter of 

December 30, 2007 or notification under (b) of this section that they intend to request 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

55 

exemption from BART through visibility impact analysis 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 this section, a visibility impact analysis 

modeling protocol that will meet the requirements of (h)(3) of this section for refined 

visibility impact analysis modeling: 

(2) no later than 30 days after receiving a submission under (1)(B) of this 

subsection, the department will: 

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify the owner or operator of 

the reasons for the disapproval; 

(3) upon approval of the modeling protocol, the owner or operator shall 

(A) conduct a visibility impact analysis in accordance with (h)(3) of this 

section; and 

(B) submit the visibility impact analysis report, including all supporting 

documentation, to the department no later than 60 days after the department approves a 

modeling protocol for the visibility impact analysis; if a modeling protocol is submitted 

and approved prior to December 30, 2007, the visibility 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 the owner or operator meets the 

requirements of (1) and (3) of this subsection and the information submitted adequately 

demonstrates that the BART-eligible source is not reasonably anticipated to cause or 

contribute to any impairment of visibility in a Class 1 Area identified in the notice 

provided under (b) of this section; 

(5) if the department does not approve an exemption based on the visibility 

impact analysis submitted under (c)(1) and (c)(3) of 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 owner-requested 

limits (ORL); that application must be submitted no later than 30 days after the date of 

the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the 

owner or operator shall comply with the terms and conditions of the approval; if the 

owner requested limit is subsequently rescinded, the 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 operator, 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, either 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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through visibility impact analysis or an owner-requested 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 exemption modeling protocol under (c)(1) 

of this section or if the department denies the exemption request under (c) of this section, the 

owner or operator shall submit a BART assessment modeling 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 department’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 impact from potential control technologies, 

the owner or operator of each source subject to BART shall submit to the department an analysis 

of control options consistent with Section IV of the BART guidelines; 

(1) no more than 210 days after the later of December 30, 2007 or the date of the 

department’s notice under (b) of this section, if the owner or operator did not submit an 

exemption modeling protocol under (c)(1) of this section ; or 

(2) no more than 180 days after the date of the department’s notice disapproving 

an exemption request submitted under (c) of this section. 

 (f) The pollutants of concern for purposes of BART are SO2, NOx, and PM10. 

 (g) If an owner or operator elects to apply, or has already applied, the most stringent 

controls available consistent with the analysis conducted under (e) of this section, they are not 

required to conduct a visibility impact analysis for 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 comparing the pre-control and postcontrol impacts of potential BART controls; 

 (2) determine the maximum change in visibility impacts in daily deciviews, 

between the current or pre-control technology and each 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 Conditions Under the 

Regional Haze Rule, EPA-454/B-03-005, dated September 2003 and adopted by reference, at 

each Class I area identified in the notice under (b) of this section. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 (3) be conducted in a manner consistent with either: 

 (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, as 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 submitted as a draft and made 

available for at least a 15-day review by EPA and each 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 control 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 operator shall provide such information no later 

than the deadline established by the department. 

(j) The department will review each analysis of control options and issue a preliminary 

BART determination for each emission unit at each source subject to BART. In the preliminary 

BART determination, the department will include: 

 (1) the pollutant-specific emission limits for each 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 with 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 analysis 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 40 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, the department will make a final BART 

determination and provide written notice to each owner or operator, EPA, each affected federal 

land manager, and any person who commented on the preliminary BART determination. In the 

final BART determination, the department will include 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 (1) the pollutant-specific emission limits for each 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 with 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 determination may be requested as prescribed 

in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested 

as prescribed in 18 AAC 15.195 – 18 AAC 15.340. 

(n) As expeditiously as practicable, but in no case more than five years after the date of 

EPA approval of the regional haze state implementation plan required under 42.U.S.C. 7410 and 

7491, the owner or operator of a source that is subject to a final BART determination under this 

section shall comply with the requirements established 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 reporting in accordance with the 

methods set out in the final BART determination. 

(p) Department services under this section are designated 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 Available Retrofit 

Technology” in 40 C.F.R. 51.301, adopted by reference 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, Appendix 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 visibility” means to release emissions 

that produce a 0.5 or greater change in the daily deciview when compared against natural 

conditions; for the purposes of this paragraph, “natural conditions” includes naturally 

occurring phenomena that reduce visibility as measured in terms of light extinction, 

visual range, contrast, or coloration; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(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 change in visibility between 

pre-BART controls and post-BART controls for purposes of this section; 

(9) “sources subject to BART” means a source indentified by the department in 

accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” means an air quality modeling analysis 

conducted for the purposes of determining visibility 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 Conditions Under the Regional 

Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening 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, contact the Department of Environmental 

Conservation, Air Quality Division at (907) 465-5100. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 permits 

315. (Repealed) 

316. Preconstruction review for construction or reconstruction of a major source of hazardous air 

pollutants 

320. (Repealed) 

321. Case-by-case maximum achievable control technology 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 permit 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: classifications. 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 effect until it 

(1) expires, consistent with AS 46.14.230; 

(2) is revoked by the department under AS 46.14.280; or 
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(3) is replaced by a permit issued under this chapter. 

(b) For a permit under this chapter, if the applicant 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 department process the application 

under the regulations in effect before or after October 1, 2004; and 

(2) department will process the application in accordance 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 construction 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 permit 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 require 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 1993 

AS 46.14.020 

18 AAC 50.305. Construction permit provisions requested by the owner or 

operator. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.306. Prevention of significant deterioration (PSD) permits. (a) An 

owner or operator must obtain a prevention of significant deterioration (PSD) permit under this 

section before beginning actual construction of a new major stationary source, a major 

modification, or a PAL major modification. 
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(b) To satisfy the requirement of (a) of this section, the owner or operator must comply 

with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the 

following changes: 

(1) in 40 C.F.R. 52.21, the term “administrator” means 

(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 reference in 18 AAC 50.040. 

(c) The department will issue each permit under this 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 46.14.160 and this section; 

(2) the department will provide at least 30 days for 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 15.060(d) - (h); 

(3) if requested by the owner or operator of a stationary source or modification 

that requires both a PSD permit and a Title V permit or permit modification, the department will 

integrate review of the operating permit application or amendment required by 18 AAC 50.326 

and the PSD permit application required by this section; a PSD permit application designated for 

integrated review will be processed in accordance with 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 accordance with this section, including terms and 

conditions consistent with AS 46.14.180 that require the permittee to 

(A) install, use, and maintain monitoring equipment; 

(B) sample emissions according to the methods prescribed by the 

department, at locations and intervals specified by the department, and by procedures 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 and emissions, and 

reports consistent with 18 AAC 50.235 – 18 AAC 50.240; 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 stationary source, major modification, or PAL major 

modification for a nonattainment pollutant in a nonattainment area, an owner or operator must 

obtain a construction permit from the department. 

(b) The application for a permit under this section must include 

(1) for the nonattainment air pollutant, a 

(A) demonstration, including substantiating information, that emissions of 

the pollutant will be controlled to a rate that represents the lowest achievable emission 

rate (LAER); 

(B) demonstration that reductions in actual emissions from other 

stationary sources within the nonattainment area will equal or exceed the expected 

maximum emissions increase from the construction and operation of the stationary source 

or modification; and 

(C) description of the proposed reductions in actual emissions used to 

demonstrate satisfaction of the requirements in (B) of this paragraph; the description must 

include 

(i) from each stationary source providing the emission reductions, 
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a complete application for a minor permit under 18 AAC 50.508(4); and 

(ii) a certification that proposed reductions in actual emissions will 

occur before the onset of emission increases from the 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 air emissions from those 

stationary sources; and 

(3) a demonstration that the benefits of construction, operation, or modification 

of the stationary source will significantly outweigh the environmental and social costs incurred, 

considering factors such as alternative sites, sizes, production processes, and environmental 

control techniques. 

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by 

reference, the department will provide notice and opportunity for a 30 - day public comment 

period on the department’s proposed permit or proposed denial. The department will issue a 

permit only if the department finds that the applicant has shown that the stationary source or 

modification will meet the requirements of (b) of this 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 stationary source or modification will 

meet the requirements of this section, including terms and conditions consistent with 

AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed 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 50.240; and 
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(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 issuance. Repealed. (Eff. 1/18/97, 

Register 141; am 6/21/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, 

Register 171) 

18 AAC 50.316. Preconstruction review for construction 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 construction permit before 

(1) constructing a new major source of hazardous air 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 major-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 submitted in accordance with 40 C.F.R. 63.5(d), 

adopted by reference in 18 AAC 50.040. After receiving a complete application, 

(1) the department will prepare a report that contains a preliminary decision to 

approve or deny the permit application; the department 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 decision 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 department will specify dates 

by which the applicant must submit any additional information under this paragraph; 

(B) within 60 days after receiving the additional information, the 

department will 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(i) make a preliminary decision to approve or approve with 

conditions; or 

(ii) take a final permit action and deny the permit 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 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 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 least 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 will include terms 

and conditions that 

(1) reference specific applicable requirements under 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 duration. Repealed. (Eff. 

1/18/97, Register 141; repealed 10/1/2004, Register 171) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.321. Case-by-case maximum achievable control technology 

determinations. (a) Purpose. This section implements EPA requirements for case-by-case 

maximum achievable control technology (MACT) determinations 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 pollutants after October 1, 2004, unless the 

(1) major source of hazardous air pollutants has been 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, adopted by reference in 18 AAC 50.040; or 

(2) stationary source is exempted under (c) of this section. 

(c) Exclusions from this section. The requirements of this section do not apply to 

(1) an electric utility steam generating unit unless, 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 category 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 defined in 40 C.F.R. 63.41. 

(d) Prohibition. A person subject to this section may not begin actual construction or 

reconstruction of a major source of hazardous air pollutants unless the department has made a 

final and effective case-by-case determination under (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 achievable 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 18 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 source 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 defined 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,” “hazardous air pollutant,” “operator,” “owner,” 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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“potential to emit,” and “stationary source” have the 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, as 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” mean the department; 

(2) “applicable requirement” also means any obligation created by AS 46.14, this 

chapter, or a term or condition of a preconstruction permit issued by the department”; 

(3) “part 71 permit” means a Title V permit; 

(4) “part 71 program” means the permit program under this section; 

(5) “part 71 source” means any source subject to the permitting requirements 

under this section; 

(6) “emissions unit” has the meaning given in AS 46.14.990; 

(7) “stationary source” has the meaning given in AS 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 application, report, or compliance certification 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 permits, in which the department 

will consolidate all required public notices, hearings, and comment periods; the applicant may 

provide either one application for both requested permits, 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 Title V applications; for applications that qualify,

the department will issue or deny the Title I permit following the required procedures for the 

Title I permit, and all of the procedures of this section; 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 activities 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 operating 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 established under 

(i) 18 AAC 50.201; 

(ii) a construction permit issued under this chapter; 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 18 AAC 50.090 that applies to 

insignificant emission units at the stationary source; 

(3) the application must list each emission unit at the stationary source that is 

identified as insignificant under (e) or (g) of this 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 insignificant; 

(4) the application may not omit information needed to evaluate the fee required 

under 18 AAC 50.410; 
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(5) the application must include compliance certification based on reasonable 

inquiry for insignificant emission units; a compliance 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 monitoring, 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: emission rate basis. Except as 

provided in (d) of this section, an emission unit is insignificant based on emission rate if its 

actual emissions of each air pollutant are less than the rates listed in (1) - (15) of this subsection. 

If requested by the department, an applicant or permittee shall demonstrate that an emission unit 

listed as insignificant under this subsection has actual 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 hydrogen 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 gases, measured as Sulfur 

dioxide and hydrogen chloride; 

(14) two TPY of ozone depleting substances in aggregate, 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 CONSERVATION 

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(15) 0.5 TPY for any regulated air pollutant not listed in (1) - (14) of this 

subsection. 

(f) Applications – insignificant emission units: category basis. Except as provided in 

(d) of this section, the following categories of emission 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 handle soaps, lubricants, hydraulic 

fluid, vegetable oil, grease, animal fat, and aqueous salt solutions if covered in a manner that 

minimizes or prevents unintended emissions; this category 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 18 AAC 50.045(d) or 18 AAC 50.055; 

(4) pressurized storage of oxygen, nitrogen, carbon dioxide, air, or inert gasses; 

(5) vents from continuous emissions monitors and other analyzers; 

(6) sampling connections used exclusively to withdraw 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 equipment; 

(10) individual laboratory hoods; 

(11) ventilating units used for human comfort that do not exhaust air pollutants 

into the ambient air from any manufacturing, industrial, or commercial process; 

(12) comfort air conditioning; 

(13) maintenance and upkeep activities such as routine housekeeping, grounds 

keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing, 

re-tarring roofs, applying insulation to buildings in accordance with applicable environmental 

and health and safety requirements, and paving or striping parking lots if these activities are not 

conducted as part of a manufacturing process, are not 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 equipment for rail cars or aircraft, or boilers or internal 

combustion engines used to provide electric power or heat; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(14) portable solid waste containers such as dumpsters for municipal solid waste 

or office wastes; 

(15) structural changes that do not give rise to air pollutant emissions; this 

category does not include emissions from construction activities; 

(16) portable welding, brazing, cutting, and soldering operations used in 

incidental maintenance; 

(17) recreational fireplaces, including the use of barbecues, campfires, and 

ceremonial fires; 

(18) food preparation for human consumption including cafeterias, kitchen 

facilities, and barbecues located at a source for providing 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 janitorial 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 source’s business activity; this category does not 

include medical waste incineration at military bases; 

(25) personal care activities; 

(26) bathroom and toilet vents; 

(27) septic sewer systems, not including active wastewater treatment facilities; 

(28) cleaning and sweeping of streets and paved surfaces; 

(29) fuel and exhaust emissions from vehicles in parking 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; 
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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 adhesives; 

(43) steam cleaning operations; 

(44) steam sterilizers; 

(45) portable drums and totes; 

(46) hand-held equipment for buffing, polishing, cutting, drilling, sawing, 

grinding, turning, or machining wood, metal, or plastic; 

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; this 

category does not include associated power generation equipment; 

(48) equipment used exclusively to slaughter animals; this category does not 

include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, 

incinerators, and electrical power generating equipment; 

(49) ozonation equipment; 

(50) demineralization and oxygen scavenging (deaeration) of water; 

(51) pulse capacitors; 

(52) laser trimmers using dust collection to prevent fugitive emissions; 

(53) gas cabinets using only gasses that are not regulated air pollutants; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(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 image is reproduced upon 

material sensitized to radiant energy such as blueprint activity, photocopying, mimeograph, 

telefacsimile, photographic developing, and microfiche; 

(56) consumer use of paper trimmers and binders; 

(57) hydraulic and hydrostatic testing equipment; 

(58) batteries and battery charging areas; this category does not apply to 

manufacturing or rebuilding facilities; 

(59) salt baths using nonvolatile salts that do not 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 hazardous air pollutant gasses; 

(65) steam vents and safety relief valves not emitting process chemicals; 

(66) air compressors, pneumatically operated systems, 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, after dryer, curing systems, and 

cooling systems; 

(72) winders; 

(73) chipping; 

(74) debarking; 
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(75) pulp mill sludge dewatering and handling; 

(76) screw press vents; 

(77) pond dredging; 

(78) polymer tanks and storage devices and associated pumping and handling 

equipment used for solids dewatering and flocculation; 

(79) electrical circuit breakers, transformers, or switching equipment installation 

or operation; 

(80) electric or steam-heated drying ovens or autoclaves, excluding the articles or 

substances being processed in the ovens or autoclaves and the boilers delivering the steam; 

(81) sewer manholes, junction boxes, sumps, and lift stations associated with 

wastewater treatment systems at publicly owned treatment works; 

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those 

tanks and equipment do not emit volatile organic compounds (VOCs) or hazardous air pollutants; 

(83) natural gas pressure regulator vents; this category 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), lights, and heating, ventilation, 

and air conditioning (HVAC) support; this category does not include portable power generators; 

(87) engine crankcase vents and equipment lubricating sumps; 

(88) tanks containing separated water produced from oil and gas operations; 

(89) skimmer pits, oil-water separators, and maintenance of filter separators; 

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater 

conveyance facilities; 

(91) site assessment work, including the evaluation of waste disposal or 

remediation sites; 

(92) instrument systems using air or natural gas; 

(93) drill site manifold and wellhead enclosures; 
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(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 for the purpose of worker entry 

or in preparation for maintenance or decommissions; 

(100) fugitive emissions of jet fuels associated with aircraft fuel cell and fuel 

bladder repair; 

(101) portable electrical generators that can be moved 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 from permanent stationary 

sources; 

(104) fire suppression; 

(105) storage of water-treating chemicals to be used 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 following emission units are insignificant on the 

basis of size or production rate: 

(1) operation, loading, and unloading of storage tanks and storage vessels with 

less than a 260-gallon capacity (35 cubic feet), with lids or other closure and heated only to the 

minimum extent necessary to avoid solidification; 

(2) operation, loading, and unloading of storage tanks with not greater than 

1,100-gallon capacity, with lids or other closure not for use with hazardous air pollutants, and 

with a maximum true vapor pressure of 550 millimeters (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 storing liquid with a vapor pressure not greater 

than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; 

(4) operation, loading, and unloading of butane, propane, or liquefied petroleum 

gas (LPG) storage tanks with vessel capacity under 40,000 gallons; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(5) a combustion emission unit with a rated capacity 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 capacity 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 engines; 

(7) a combustion emission unit with a rated capacity 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 capacity 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 capacity 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 binders with less than 0.25 percent 

free phenol by sand weight; 

(12) "paralyene" coaters using less than 500 gallons of coating per year; 

(13) printing and silkscreening using less than two gallons per day of any 

combination of inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous 

solutions if they do not contain hazardous air pollutants; 

(14) comfort cooling towers and ponds that have a capacity not greater than 

10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not 

use chromium-based corrosion inhibitors; 

(15) combustion turbines rated at less than 160 horsepower; 

(16) batch distillation equipment with a batch capacity not greater than 

55 gallons and used only for solvents that do not contain hazardous air pollutants; 

(17) cleaning equipment 

(A) with less than 10 square feet of air-vapor interface; and 

(B) using solvent 

(i) that does not contain a hazardous air pollutant; and 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(ii) with a vapor pressure not more than 30 millimeters (mm) of 

mercury (Hg) at 20 degrees Celsius; 

(18) surface coating using less than two gallons per day of formulations not 

containing hazardous air pollutants; 

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure 

for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids; 

(20) cleaning and stripping activities and equipment 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 exclusively to pump, load, 

unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees 

Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees 

Celsius; 

(22) surface coating, aqueous solution, or suspension containing less than one 

percent volatile organic compounds (VOCs); 

(23) storage and handling of water-based lubricants for metal working if the 

organic content of the lubricant is less than 10 percent; 

(24) municipal or industrial wastewater chlorination facilities of not greater than 

1,000,000 gallons per day capacity; 

(25) diesel engines of 250 horsepower or less being 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 insignificant 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 oil and grease; and 

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee. 

(i) Applications – insignificant emission units: administratively insignificant 

sources. The following emission units might have significant emissions, but are considered 

administratively insignificant emission units for the purpose of operating permit applications: 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(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 stationary 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 section will be 

developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except 

as follows: 

(1) with respect to any fee requirement or reference, 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 date 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 will also be subject to the standard 

operating permit conditions and other permit conditions as required by 18 AAC 50.345 and 

18 AAC 50.346; prompt reporting of permit deviations is subject to the department’s Standard 

Permit Condition III, adopted by reference in 18 AAC 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 department will include in a Title V 

permit, consistent with AS 46.14.020(b) and 46.14.180, terms and conditions that are necessary 

to implement a requirement of AS 46.14 or this chapter; 

(5) notwithstanding 40 C.F.R. 71.6(b), a department 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 the 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 accordance 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 section 

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 CONSERVATION 

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(1) the department may distribute a public notice to a person by electronic mail; if 

a person requests that the department send the notice 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 department 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 the objection during the public comment 

period was impracticable or that grounds for the objection arose after the public comment 

period; 

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 

71 dependent on whether a program has been delegated 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 in 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 the 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 provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do 

not apply; in a notification of denial of an application, the department will include the reasons for 

denial; 

(7) the department will keep for five years any record and submit to the federal 

administrator any information that the federal administrator may reasonably require to ascertain 

whether the state Title V permit program complies with 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 permit or notice of MACT approval is required 

under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, 

in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant 

permit modification to the Title V permit before commencing operation that incorporates the 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 issuance. Repealed. (Eff. 1/18/97, 

Register 141; am 6/14/98, Register 146; am 7/11/2002, 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 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 connection with required 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 permit; or 

(2) determined in writing in the permit to be inapplicable. 

(c) The permittee must comply with each permit term and condition. Noncompliance 

with a permit term or condition constitutes a violation 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; or 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(3) denial of an operating permit renewal application. 

(d) It is not a defense in an enforcement action to claim that it would have been necessary 

to halt or reduce the permitted activity in order to 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 of the permit. 

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. 

 A request by the permittee for modification, revocation and reissuance, or termination or a 

notification of planned changes or anticipated noncompliance 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 by the permit; 

(3) inspect any stationary source, equipment, practices, 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 determine compliance with the permit. Upon 

request, the permittee shall furnish to the department copies of records required to be kept by the 

permit. The department may require the permittee to furnish copies of those records directly to 

the federal administrator. 

(j) The permittee shall certify any permit application, report, affirmation, or compliance 

certification submitted to the department 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 

information 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 be certified upon submittal. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(k) In addition to any source testing explicitly required by the permit, the permittee shall 

conduct source testing as requested by the department to determine compliance with applicable 

permit requirements. 

(l) The permittee may request an extension to a source 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 permittee 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 source will operate during the test and how the 

permittee will document that operation. The permittee shall submit a complete plan within 60 

days after receiving a request under (k) of this section and at least 30 days before the scheduled 

date of any test unless the department agrees in writing to some other time period. Retesting may 

be done without resubmitting the plan. 

(n) At least 10 days before conducting a source test, 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 results in the manner set out in (j) of this section. 

 If requested in writing by the department, the permittee 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 10/1/2004, 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 department will use the standard permit 

condition in this subsection, 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. The 

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 department determines that emission unit-specific or stationary sourcespecific 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 permit 

conditions prepared by the department are adopted by reference: 

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

25, 2004; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(2) Standard Permit Condition III – Excess Emissions and Permit 

Deviation Reports, as revised as of August 20, 2008; 

(3) Standard Permit Condition IV – Notification Form, as revised as of 

August 20, 2008; 

(4) Standard Operating Permit Condition V – Insignificant 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 – Operating Reports, as 

revised as of August 20, 2008. 

(7) Standard Operating Permit Conditions XIV – Document 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 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. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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, 2004 
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–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XI – SO2

Emissions from Oil Fired Fuel Burning 

Equipment, August 25, 2004 

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII – SO2

Material Balance Calculation, August 25, 2004 

–Coal fired boilers Standard Operating Permit Condition 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 permit condition. Repealed. (Eff. 

1/18/97, Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. 

(Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 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 revisions. 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 storage tanks. Repealed. (Eff. 

6/21/98, Register 146; repealed 10/1/2004, Register 171) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.390. Permit-by-rule for drilling rigs and associated equipment. 

Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, 

Register 171) 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 shall pay to the department the annual permit 

administration fees listed in this subsection. Permittees will be invoiced in July for each period 

from July 1 through the following June 30. Each annual permit fee is one-fifth of the total 

original permit cost or total cost of permit renewal. 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 this subsection for renewal of a permit is collected 

in subsequent years after the fee for an original permit is paid in full. If a Title V source has been 

issued a Title V permit before January 29, 2005, the permittee, owner, or operator shall pay the 

applicable annual fee for permit renewal. The following permit administration fees apply to Title 

V sources: 

(1) for renewal of a permit for an oil-and-gas source with the potential to emit 

more than 250 tons per year of any one pollutant, the 

(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 plant 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 plant 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 CONSERVATION 

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(4) for an original 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 $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 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 $1,326; and 

(B) annual compliance review fee is $1,540; 

(8) for a Title V source that is operating under the department’s general operating 

permit for diesel engines, the annual compliance review 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 Title 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 fees and annual permit fees for original permits 

are not refundable. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

90 

(c) Before the department takes action on any permit application received, and unless the 

minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the 

permittee, owner, or operator of a stationary source described in 18 AAC 50.502(b) who requests 

a minor permit must pay a nonrefundable one-time permit 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 50.502(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 permit fee of $7,950; 

(6) for a coal preparation plant, a permit fee of $6,360. 

(d) Before the department takes action on any permit application received, and if the 

minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the 

permittee, owner, or operator of a stationary source described in 18 AAC 50.326 or 

18 AAC 50.502 not subject to (c) of this section who requests a minor permit must pay a 

nonrefundable one-time permit fee of $3,975. However, 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 additional nonrefundable permit fee of $2,650. 

(e) Before the department takes action on an application 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 permit fee of $3,975; 

(2) for a minor permit establishing or revising a plantwide applicability limitation 

(PAL) with an ambient air quality analysis, a permit 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 by multiplying the number of hours the 

department spent to develop the permit by the hourly 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 determine the permit administration fee. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(h) The permittee, owner, or operator of a stationary 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 fees 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 50.502(b), that is operating 

under an operating or general operating permit issued before October 1, 2004. 

(i) Before the department takes action on any request or application received, the 

permittee, owner, or operator of a stationary source 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 amendment under AS 46.14.285, 

a permit fee of $110; 

(2) to change a Title V permit by administrative amendment 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 provided in (3) of this subsection; 

(3) to change a Title V permit by administrative amendment 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 under 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, action, 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, owner, 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) of a source test plan, a fee of 

$400; 

(2) for department review under 18 AAC 50.345(o) of the results of a source test, 

a fee of $400; 

(3) for department review and processing of an excess emission report or permit 

deviation report submitted in accordance with a stationary 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 outcome of the fee review is a reduction of 

50 percent or more in the amount of the disputed fee. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(k) The permittee, owner, or operator of a stationary 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 fees: 

(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; and 

(B) an annual compliance review fee of $110, unless 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 engines under 18 AAC 50.230(c), 

(A) a one-time administrative fee of $110, to be paid before the limit 

takes effect; and 

(B) an annual compliance review fee of $110; 

(3) for a preapproved emission limit for a gasoline 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 paid before the limit 

takes effect; and 

(B) an annual compliance review fee of $110. 

(l) Except as provided in (m)(10) of this section, the fee for department approval of open 

burning under 18 AAC 50.065 is $200. 

(m) Unless the designated regulatory service is subject to a fixed fee set out in (a) - (l) of 

this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 

18 AAC 50.405, the permittee, owner, or operator shall pay an hourly permit administration fee 

for a designated regulatory service. The department 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 service, and by adding to the resulting amount 

any other direct costs. Designated regulatory services 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 CONSERVATION 

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(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 hold in abeyance a fee charged under this 

paragraph during the course of the adjudicatory hearing; 

(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 services 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 public 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, including preparation of a notice of 

violation, compliance order by consent, settlement agreement, or consent decree; however, for 

purposes of this paragraph, compliance and enforcement activities do not include activities after 

the filing of a complaint in court; 

(12) completion of a permitting action that was requested before January 29, 

2005, except as provided in 18 AAC 50.405; 

(13) the reopening of permit terms or conditions at 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 02.25.100; 

(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 electricity, and that 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 aggregate, and that contains 

emission units used to provide power to a mine or military base; and 

(B) does not include a Title V source that operates under the department's 

general permit for diesel engines; 

(3) "oil-and-gas source" means a Title V source not 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 electricity, and that 

contains one or more diesel-fired internal combustion engines to generate power 

(ii) the purpose of which is seafood processing; or 

(iii) that has a potential to emit a total less than 500 tons per year 

of regulated air pollutants in the aggregate, and that contains emission units used 

to provide power to a mine or military base; and 

(B) does not include a Title V source that operates 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 permittee, 

owner, or operator of a stationary source may request a negotiated service agreement under 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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AS 37.10.052(b) for that designated regulatory service. If requesting a negotiated service 

agreement for one or more of the following designated regulatory services, the permittee, owner, 

or operator must submit a retainer payment of $5,300 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 major stationary source; 

(3) a major modification of a major stationary source; 

(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 stationary source or addition of an 

emission unit at a stationary source, if the stationary source is 

(A) in a sulfur dioxide special protection area established 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 source, 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 application before January 29, 2005 and the department 

has not yet worked on that permit application, at the request of the applicant, the department will 

process the permit under the provisions of 18 AAC 50.400 - 18 AAC 50.499 in effect on January 

29, 2005. Any retainer submitted before January 29, 2005 will be applied to any fees effective 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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, owner, 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 emissions 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 this section, emission fees will be assessed 

as follows: 

 (1) for July 1, 2006 through June 30, 2007, the emissions fee rate is $12.52 per 

ton, and an additional assessment for January 1, 2007 through June 30, 2007, as follows: 

 (A) for stationary sources required to obtain an operating 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 account under AS 46.14.265; 

 (B) for stationary sources not subject to (A) of this paragraph but 

otherwise required to obtain a permit under AS 46.14.130, the emission fee rate of $5.02 

per ton, which will be allocated to the emissions control 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 stationary 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 account under AS 46.14.265; and 

 (B) for stationary sources not subject to (A) of this paragraph, but 

otherwise required to obtain a permit under AS 46.14.130, the emission fee rate is $5.52 

per ton, which will be allocated to the emission control 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 stationary 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 account under AS 46.14.265; and 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 (B) for stationary sources not subject to (A) of this paragraph but 

otherwise required to obtain a permit under AS 46.14.130, the emission fee rate is $6.13 

per ton, which will be allocated to the emission control 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 term 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 Sources, 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 operating permit only because that source 

contains an emission unit that is subject to a federal 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 account for emissions from equipment classified 

under 18 AAC 50.100 that temporarily replaces or substitutes for permanently installed 

equipment at a stationary source. 

(f) For stationary sources required to obtain a minor permit in accordance with 

18 AAC 50.502(c) or 18 AAC 50.508(6) but not required 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 being assessed and is billed in July of that year. The 

entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The 

emission fee rate is 

(1) $5.52 per ton for the state fiscal year beginning July 1, 2007; and 

(2) $6.13 per ton for July 1, 2008 through June 30, 2009. 

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for 

a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

98 

emission fee is allocated to the emission control permit receipts account under AS 46.14.265, and 

the permittee shall pay the emission fee 

 (1) at the time of application or notification for 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 oil and gas operation for which the 

owner or operator submits a new application or notification 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, 2006; $725 for 

December 14, 2006 through June 30, 2007; $797 for July 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 June 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 the area described in (A) 

of this paragraph, 

(i) $1,685 for July 1, 2006 through December 14, 2006; $676 for 

December 14, 2006 through June 30, 2007; $743 for July 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 notification 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 notification during a state fiscal year. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

99 

(h) For purposes of this section, “state fiscal year” means a year beginning on July 1 of 

one calendar year and ending on June 30 of the following calendar year. (Eff. 1/18/97, Register 

141; am 5/3/2002, Register 162; am 10/16/2003, Register 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 permit administration fees under AS 46.14.240 

and 18 AAC 50.400(a) - (l) 

(1) on or before the 15th of July; however, for the period from January 29, 2005 

through June 30, 2005, the permit administration fees 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, July 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 department will bill permit administration 

fees for designated regulatory services rendered during the preceding month under 

18 AAC 50.400(m). However, for reviews of excess emission reports, the department will bill 

on a semiannual basis if requested in writing by the person required to pay the fee. 

(c) Fees assessed under this chapter are due within 60 days after the billing date. A 

payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person 

required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430. 

 Interest will be charged on the unpaid balance, beginning 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 department with the first installment 

before the due date described in (c) of this section. 

(e) If installment payments are requested under (d) of this section, the remaining three 

installments, including interest accrued as described 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 emissions through a permit revision 

shall pay to the department an emission fee for the increase in assessable emissions; the fee is 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

100 

due within 60 days after the effective date of the permit revision; or 

(2) decreases the stationary source's assessable emissions 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 terminates operations or whose permit has 

lapsed or is terminated by the department may request 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 requests 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 department will include an itemized list of charges 

and credits for the billing period and a calculation of total credit balance or amount due on the 

account. For permit administration fees for designated 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 description of the task; 

(2) name of the individual who performed the task; and 

(3) the time spent on the task on that date and the charge for the task, determined 

under 18 AAC 50.400(m). (Eff. 1/18/97, Register 141; 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 disputes 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 141; 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 requirements. In 18 AAC 50.400 – 

18 AAC 50.499, unless the context requires otherwise, 

(1) “designated regulatory service” has the meaning given in AS 37.10.058; 

(2) “direct cost” has the meaning given in AS 37.10.058; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

101 

(3) “hourly rate of salary and benefits” has the meaning 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 37.10.058 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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Article 5. Minor Permits. 

Section 

502. Minor permits for air quality protection 

508. Minor permits requested by the owner or operator 

509. Construction of a pollution control project without 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 protection. (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 relocation 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 section for an air pollutant if that air pollutant is 

not significant under 40 C.F.R. 52.21(b)(23), adopted 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 the major permit; 

(2) before operation if the stationary source needs a Title V permit; however, the 

need for a Title V permit does not exempt a stationary source from the requirement for a minor 

permit for construction, modification, or relocation; 

(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 section, 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 least five tons per hour of product; 

(2) a thermal soil remediation unit with a rated capacity of at least five tons per 

hour of untreated material; 

(3) a rock crusher with a rated capacity of at least five tons per hour; 

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or 

more per hour; 

(5) a coal preparation plant; or 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(6) a Port of Anchorage stationary source. 

(c) The owner or operator must obtain a minor permit under this section before 

(1) beginning actual construction of a new stationary 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 kilometers of a nonattainment 

area; or 

(2) beginning actual construction or, if not already 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 developed for the 

portable oil and gas operation at the permitted location; 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 pollutant an emissions increase calculated at the 

discretion of the owner or operator as either an increase 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; or 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(iv) 100 TPY of carbon monoxide for a stationary source 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 source within 

10 kilometers of a nonattainment area. 

(d) An owner or operator may satisfy the requirement 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 AAC 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 this section 

(1) if operating under an operating permit issued before October 1, 2004 may 

(A) continue to operate under that permit, which remains in effect 

regardless of the stated expiration date in the permit, unless the department takes an 

action under AS 46.14.280; or 

(B) apply for a new permit under this section at any 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 application; the owner or operator may 

(A) continue to operate under that permit, which remains in effect 

regardless of the stated expiration date in the permit, unless the department takes action 

under AS 46.14.280; or 

(B) apply for a new permit under this section at any time. 

(e) For the purposes of (c)(3) of this section, actual emissions shall be calculated by 

comparing projected actual emissions to the baseline 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 historical operational data, the 

owner’s or operator’s own representations, the owner’s or operator’s expected business activity 

and the owner’s or operator’s highest projections of business activity, the owner’s or operator’s 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

105 

filings with the state or federal regulatory authorities, and compliance plans under 

AS 46.14.120; and 

(2) include fugitive emissions to the extent quantifiable and emissions associated 

with startups, shutdowns, and malfunctions; and 

(3) exclude, in calculating any increase in emissions that results from the 

particular project, that portion of the unit's emissions following the project that an existing unit 

could have accommodated during the consecutive 24-month 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 permit applicability for a modification on a 

calculation of actual emissions, if the project does 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 this section, the owner or operator shall comply 

with the following: 

(1) before beginning actual construction of the project, the owner or operator 

shall document and maintain a record of the following 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 to determine that the project 

is not a modification subject to (c)(3) of this section for any regulated NSR pollutant, 

including the baseline actual emissions, the projected 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 applicable; 

(2) if the emission unit is an existing electric utility steam generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the information 

listed in(1) of this subsection to the department; 

(3) the owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project 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 basis, 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 that emission unit; 

(4) if the emission unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the department within 60 days after the end of each 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 preceded submission of the report. 

(5) if the emissions unit is an existing unit other 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 identified in (1) of this subsection, exceed the 

baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an 

amount exceeding the thresholds in (c)(3) of this section for that regulated NSR pollutant, and if 

those emissions differ from the reconstruction projection as documented and maintained under 

(1)(C) of this subsection; the report shall be submitted to the department within 60 days after the 

end of that year; the report must contain the following: 

(A) the name, address, and telephone number of the stationary source; 

(B) the annual emissions as calculated under (3) of this subsection; 

(C) any other information that the owner or operator 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 limitation (PAL) is established for the stationary 

source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040. 

(h) For the purposes of this section 

(1) “baseline actual emissions” has the meaning given 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 within the meaning given in AS 46.14.990”; 

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 

51.166(b)(30), as revised as of July 1, 2003 and adopted 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 greater 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 within the meaning of 40 C.F.R. 

52.21(b)(3), (23), and (40, or to a major stationary source; and 

(B) the calculation of whether a modification requires a minor permit 

under (c)(3) of this section, rather than whether the 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 emit a regulated NSR pollutant in any one of the 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

107 

five 12-month periods following the date the unit resumes 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 that 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, Register 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 owner or operator. An owner or 

operator may request a minor permit from the department for 

(1) repealed 7/25/2008; 

(2) repealed 7/25/2008; 

(3) establishing or revising a plantwide applicability limitation (PAL) for a major 

stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 

18 AAC 50.040, apply to a PAL established or revised under this chapter; 

(4) establishing actual emission reductions from an existing stationary source if 

requested by that source’s owner or operator to offset 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 emit 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 conditions 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 CONSERVATION 

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 determination. Applications must be on 

department forms. 

(b) General information. Each application must include the information prescribed 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 must include 

(1) the information required in the following forms, 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, or 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 protocol 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 source or modification does not need an ambient 

analysis to determine that construction and operation 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 required 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 CONSERVATION 

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(C) sulfur dioxide for a stationary source in an sulfur dioxide special 

protection area established under 18 AAC 50.025(c); or 

(D) an air pollutant for which the department requests 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 the potential to emit carbon monoxide 

emissions from construction and operation of the stationary 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 application must 

include the information required 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. 

(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 reference 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 standards. 

(i) Offsetting emissions. An application for a minor permit for a limitation to establish 

offsetting emissions must specify the physical or operational limitations necessary to provide 

actual emission reductions of the nonattainment air pollutant; including 

(1) a calculation of the expected reduction in actual emissions; and 

(2) the emission limitation representing that quantity 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 Title I permit must include 

(1) a copy of the Title I permit that established the permit term or condition; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(2) an explanation of why the permit term or condition 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 operator to avoid a permit 

classification, the information required of an applicant 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 12/3/2005, 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 50.542. Minor permit: review and issuance. (a) Permit issuance 

procedure options. The department will use either the fast-track procedures in (b) and (c) of 

this section, or the procedures in (d) of this section to issue a stationary source-specific minor 

permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 

if the application qualifies under (b) and (c) of this section, unless 

(1) the stationary source is 

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions; 

(B) in a sulfur dioxide special protection area established 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 under (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 department 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 department, including any person who requests to be 

notified, and by other means the department finds necessary for informing the public; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department will send the 

notice by postal mail; in the notice, the department will 

 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(A) include a summary of the information provided by the applicant, and 

(B) give any person 15 days to request a 30-day public comment period 

under (d) of this section; if a comment period is requested, the department will make a 

preliminary decision and issue a public notice under (d) of this section; 

(2) if required by the department, the owner or operator shall apply online; 

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or 

for an air pollutant for which the department requests 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, unless 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 if all predicted air pollutant 

concentrations meet the compliance criteria in (c)(2) of this section; 

(5) if the approval criteria of (f) of this section are met, the department will issue 

the permit within 30 days after receiving the application. 

(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 department or otherwise 

approved by the department that is suitable for fast-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 resulting 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 ambient air quality standard for an 

air pollutant and averaging period if 

(A) for a new stationary source or modification, the 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 concentration resulting from the 

increase is less than the significant impact levels in Table 5 in 18 AAC 50.215(d); or 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(C) for a modification, if the owner or operator has completed a previous 

ambient analysis that adequately characterizes the stationary source as it existed before 

the modification and, the sum of the highest ambient air concentration from the previous 

analysis plus the highest predicted ambient air concentration resulting from the increase is 

less than the concentration described in (A) of this 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 in (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 information is submitted in accordance with 

AS 46.14.160(c), the department will make a preliminary 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 for the public to submit 

comments; 

(B) the department will give notice 

(i) using the Alaska Online Public Notice System established 

under AS 44.62.175; 

(ii) by mail or electronic mail to persons on a list maintained by 

the department, including any person who requests to be notified; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department 

will send the notice by postal mail; and 

(iii) by other means the department finds necessary 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 operator; 

(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 application, 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 department will provide an 

opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

113 

reference in 18 AAC 50.040; and 

(E) the department will make a preliminary decision to approve the 

application only if the application includes all information 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 department’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 reasons for denial. 

(e) Adding a minor permit to a Title V permit by administrative 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 that 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 stationary source or modification 

classified under 18 AAC 50.502 if the department finds 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 monoxide emissions near a 

nonattainment area if the department finds that construction and operation of the stationary 

source will cause an ambient concentration that exceeds a carbon monoxide concentration in 

Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality 

standard for carbon monoxide; 

(3) deny a minor permit for a Port of Anchorage stationary 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 CONSERVATION 

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(6) approve a minor permit for establishing or revising 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 required an ambient air quality analysis, that 

emissions under the PAL will not cause or contribute to a violation of an ambient air quality 

standard; 

(7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to 

establish offsetting emissions, if the department finds 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 requested 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 determining 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 that 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 department under AS 46.14.280, except 

(1) as provided in 40 C.F.R. 52.21, adopted by reference 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 writing 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 7/25/2008, 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 46.14.200 

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, the permittee, and contact 

information; 

(2) include the requirement to pay fees in accordance with 18 AAC 50.400 – 

18 AAC 50.499; 

(3) include any conditions established under 18 AAC 50.201; and 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(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 AAC 50.345, as applicable. 

(b) In each minor permit under 18 AAC 50.502(b), the department will include 

 (1) terms and conditions as necessary to ensure that the proposed stationary 

source or modification will meet the requirements of AS 46.14 and this chapter, including terms 

and conditions under AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the 

department and at locations and intervals, and by procedures 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 operator to 

(A) perform regular maintenance considering the manufacturer’s or the 

operator’s maintenance procedures; 

(B) keep records of any maintenance that would have a significant effect 

on emissions; the records may be kept in an electronic format; and 

(C) keep a copy of either the manufacturer’s or the operator’s 

maintenance procedures. 

(c) In each minor permit under 18 AAC 50.502(c), the department will include 

(1) terms and conditions as necessary to ensure that 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 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the 

department and at locations and intervals, and by procedures specified by the department; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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 tests 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 maintenance 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 minor permit the requirement for a periodic 

affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still 

accurately described by the application and minor permit, 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 period between required affirmations as 

appropriate to the stationary source regulated by the 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 necessary 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 ensure that the stationary source will meet the 

criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the 

department and at locations, intervals, and by procedures 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 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(E) making periodic reports on process operations and emissions. 

(h) In each minor permit establishing an owner requested 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 46.14.130 that the ORL allows 

the owner or operator to avoid, or each maximum allowable increase under 18 AAC 50.020 or 

ambient air quality standards that will be protected. 

(i) In each minor permit under 18 AAC 50.508(6) that 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 operate the proposed stationary source or 

modification in accordance with this chapter. If the limit 

(1) made it possible for the owner or operator to avoid any preconstruction 

review under this chapter, the limit remains in effect until the owner or operator obtains 

(A) a new construction permit or minor permit under this chapter as if the 

limit had never existed; or 

(B) under this section or under 18 AAC 50.508, a new limit that allows 

the owner or operator to continue to avoid preconstruction review; or 

(2) made it possible to avoid a Title V permit, 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 classified in 18 AAC 50.508, a 

new limit that allows the owner or operator to continue to avoid the need for the permit. 

(Eff.10/1/2004, Register 171; am 12/1/2004, Register 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 revise 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 CONSERVATION 

118 

(b) Notwithstanding (a) of this section, the department may revise non-substantive 

elements of a minor permit without further administrative 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 operation 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 requirements. 

(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 Public Notice System 

established under AS 44.62.175; 

(2) sending a copy of the notice by mail or electronic 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 of 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 would 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 action; 

(D) a copy of the proposed permit and of the proposed application or 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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notification form; 

(E) a description of how interested persons may comment on the proposed 

general minor permit, including the period during which 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 applicant 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 show that the stationary source meets the 

qualifying criteria or a term or condition of the general minor permit, the department will require 

that location information required under this subsection 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 stationary source is capable of 

complying with all permit requirements. 

(d) Applying to construct or operate under a general minor 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 the applicant must submit a complete 

notification form and operate in compliance with the general minor permit, or whether the 

applicant must also obtain department approval under (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 the application complete; or 

(3) the stationary source does not qualify for the general permit. 

(e) Approval to construct or operate under a general minor 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 if 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

120 

the stationary source meets all of the qualifying criteria and operates in compliance with the 

general minor permit, the owner or operator may construct or operate under the permit 

immediately after the department receives a completed notification form. The general minor 

permit authorizes construction or operation only for 

(1) equipment identified in the application or notification; and 

(2) a location identified under (c), (f), or (g) of 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 stationary 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 notification form and procedures for a 

change in location; and 

(5) any other terms and conditions that are necessary 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 operate under a general 

minor permit at additional locations not identified in the permit application or notification if the 

(1) permittee notifies the department by submitting 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 46.14.170 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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Article 6. (Reserved)
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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: obligations of responsible agency 

710. Transportation conformity: incorporation by reference of federal regulations 

715. Transportation conformity: interagency consultation procedures 

720. Transportation conformity: public involvement

725. General conformity: incorporation by reference of federal regulations 

730. General conformity: mitigation of air quality impacts 

735. General conformity: frequency of conformity determinations 

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 50.735. The purpose of 

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan, program project, or 

federal action within a nonattainment or maintenance area, will not hinder attainment of the 

national ambient air quality standards in that area if 

(1) the plan, program, project, or action is federally-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 within a nonattainment or 

maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301 – 

5338; or 

(2) a project that is nonfederally funded, but that 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 maintenance 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 that 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(A) receives or manages the federal money for the transportation plan, 

program, or project referred to in (a) of this section; 

(B) develops the transportation plan, program, or project referred to in 

(a) of this section; or 

(C) funds, adopts, or approves a nonfederal, regionally 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 AAC 50.735, “responsible 

agency” means the federal agency that is responsible 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: incorporation by reference of federal 

regulations. An agency subject to 40 C.F.R. 93 shall comply with 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 determinations); 

(6) 40 C.F.R. 93.106 (Content of transportation plans); 

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP conformity 

with the NEPA process); 

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs); 

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of 

transportation plans, programs, and projects: General); 

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions); 

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model); 

(12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation); 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of 

TCMs); 

(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation plan and TIP); 

(15) 40 C.F.R. 93.115 (Criteria and procedures: Projects from a plan and TIP); 

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO and PM-10 

violations (hot spots)); 

(17) 40 C.F.R. 93.117 (Criteria and procedures: Compliance with PM-10 control 

measures); 

(18) 40 C.F.R. 93.118 (Criteria and procedures: Motor vehicle emissions 

budget); 

(19) 40 C.F.R. 93.119 (Criteria and procedures: Emission reductions in areas 

without motor vehicle emissions budgets); 

(20) 40 C.F.R. 93.120 (Consequences of control strategy implementation plan 

failures); 

(21) 40 C.F.R. 93.121 (Requirements for adoption or 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 emissions budget in the applicable implementation plan (or implementation plan submission)); 

(25) 40 C.F.R. 93.125 (Enforceability of design concept 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 regional emissions analyses); and 

(28) 40 C.F.R. 93.128 (Traffic signal synchronization 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 Administration and the Federal 

Transit Authority concerning fiscal constraint referred 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 CONSERVATION 

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18 AAC 50.715. Transportation conformity: interagency consultation procedures. 

(a) Before issuing a final conformity determination 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, including any project for which alternative 

locations, design concept and scope, or the no-build option are still being considered; 

(2) prepare a preliminary interagency discussion draft, a public review draft, and 

a final draft of the conformity determination through the interagency consultation process 

described in (b) - (g) of this section with staff of 

(A) the department; 

(B) the local air quality planning agency; 

(C) the Alaska Department of Transportation and Public Facilities; 

(D) the local transportation agency; 

(E) any agency created under state law that sponsors or approves 

transportation projects; 

(F) the United States Environmental Protection Agency; 

(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 opportunity 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 conformity determination, including necessary 

supporting information; 

(2) ensure that all documents and information relevant to the preliminary 

interagency discussion draft are available to staff from the participating agencies; and 

(3) consider the comments of staff from participating 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 agency comments and written responses must 

be included in the record of any conformity decision or action. 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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(c) In preparing the preliminary interagency discussion 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 regional 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 projects should be considered 

regionally significant for purposes of a regional emissions analysis, in addition to those 

regionally significant projects as defined in 40 CFR 93.101, adopted by reference in 

18 AAC 50.710; 

(3) discuss whether a project that is otherwise exempt from the requirements of 

18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted by 

reference in 18 AAC 50.710, should be treated as nonexempt if potential regional emissions 

impacts or other adverse emissions impacts might exist 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 implementation of a transportation control measure 

(TCM) defined in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710, that is behind the 

schedule established in the state implementation plan 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 funding for TCMs; the interagency 

consultation process must also consider whether delays 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, adopted by reference in 

18 AAC 50.710, 

(A) that a regionally significant project 

(i) is included in a regional emissions analysis supporting the 

currently conforming TIP's conformity determination, even if the project is not 

included in the TIP for the purposes of project selection or endorsement; and 

(ii) design concept and scope have not changed significantly 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 specified 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 implemented; 
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(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 PM-10 nonattainment area identified in 

18 AAC 50.015(b)(2) that have vehicle and roadway emission and dispersion characteristics 

essentially identical to those at sites that have air quality violations verified by monitoring, and 

that, therefore, require a quantitative PM-10 hot-spot analysis; and 

(7) notify staff of participating agencies of any revision or amendment to a 

transportation plan or TIP that merely adds or deletes 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 conformity 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 transportation activities that extend beyond 

the boundaries of a local governing body, nonattainment area, or air basin; and 

(3) determine the design, schedule, and funding of research and data collection 

efforts and regional transportation model development by the local governing body, such as 

household or travel transportation surveys. 

(e) If the metropolitan planning area does not include 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 determination, 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 comment on the public review draft of the 

conformity determination, the responsible agency shall 

(1) prepare a final draft of the conformity determination in consultation with staff 

of the participating agencies; and 

(2) after the consultation described in (1) of this 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 cannot be resolved by the heads of the involved 

agencies. The department will make the referral to the governor within 14 calendar days after 
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128 

notification or a determination that the conflict cannot 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 governor may delegate the role of resolving a conflict 

under this subsection and deciding whether to concur in the conformity determination to a state 

official or agency other than the department, the Alaska Department of Transportation and Public 

Facilities, or a state transportation board or commission. (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 involvement. (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 comment 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 requirements 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 conformity determination; 

(2) consider all comments received and prepare a written summary analysis of 

significant comments; and 

(3) specifically address in the summary analysis all public comments concerning 

known plans for a regionally significant project that may not have been properly reflected in the 

emissions analysis used to support a proposed conformity finding for a transportation plan or 

TIP, regardless of whether the regionally significant project is receiving federal funding or 

approval. 

 (c) Opportunity for public involvement under this 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 process 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 by 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 amended through December 1, 1994, shall 
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comply with the following federal regulations, as amended 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 conformity of general federal 

actions); and 

(8) 40 C.F.R. 51.859 (Procedures for conformity determinations 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 air quality impacts. (a) The 

federal agency referred to in 18 AAC 50.725 shall identify in writing 

(1) any measure intended to mitigate or offset the air quality impact of the federal 

action; 

(2) the estimated emission reduction available from an identified mitigation 

measure; and 

(3) the process for implementing a mitigation measure including, as applicable, 

(A) a description of the funding source for the mitigation measure; 

(B) an implementation schedule with due dates for implementing the 

mitigation measure; and 

(C) the process for tracking emission reductions from a mitigation 

measure. 

(b) If a mitigation measure involves a separate person or agency, the federal agency 

making the conformity determination shall, before determining 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 commitment must identify the mitigation measure 

in a manner consistent with (a) of this section and describe the nature of the commitment. A 
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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 of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued the 

license, permit, or authorization to fully implement the mitigation measure as a condition for 

continued approval of the license, permit, or authorization. 

(d) A federal agency may modify a mitigation measure if that agency 

(1) concludes that the proposed modification supports the conformity 

determination, using the procedures and criteria set 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 modification, using the public 

participation procedures set out in 40 C.F.R. 51.856, 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 conformity determinations. (a) 

The conformity status of a federal action lapses five years after the date that a final conformity 

determination is reported to the department unless 

(1) the federal action is completed before five years 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 progress is not considered a new 

action and does not require a periodic redetermination required by this section if the emissions 

associated with the activity are within the scope of the final conformity determination reported in 

accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725. 

(c) If, after the final conformity determination is 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 46.14.030 
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Article 8. (Reserved)
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

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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 laws. The department’s The Alaska Small Business 

Assistance Program, adopted by reference in 18 AAC 50.030, describes the 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 46.14.990, is eligible to receive the services of 

the small business assistance program. 

(c) The owner or operator of an eligible small business 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 and 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 change 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 amendment to this chapter submitted under 

(d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not 

cause a violation of 
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(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, including details on determining eligibility, may be 

obtained from the department's small business advocate, 410 Willoughby Avenue, Juneau, 

Alaska 99801-1795, (907) 465-5100. A copy of the program description as it appears in the state 

air quality control plan, adopted by reference in 18 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 emissions. 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 which large amounts of 

combustible materials are burned in a rectangular containment equipped with an overfire air 

system; 

(5) "air pollution" has the meaning given in AS 46.03.900; 

(6) "air pollution control equipment" means equipment or a portion of equipment 

designed to reduce the emissions of an air pollutant to the ambient air; 

(7) "air quality control requirement" means any obligation created by AS 46.14, 

this chapter, or a term or condition of a preconstruction 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, 
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(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 added 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 46.14.990; 

(10) "ambient air quality standards" has the meaning given in AS 46.14.990; 

(11) "approved" means approved by the department; 

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete 

by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any 

combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, 

systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and 

storing asphalt concrete, and emission control systems within the stationary source; 

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1); 

(14) “begin actual construction” has the meaning given 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 installation” has the meaning given in 

AS 46.14.990; 

(18) “casting off” means the first release of a line securing a vessel to shore as 

part of the process of leaving berth; 

(19) “Class I area,” “Class II area,” and “Class III 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 source 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 plant” includes any combination of thermal 
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dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment, breakers 

and crushers, coal storage systems, and coal transfer systems within the stationary source; 

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

(24) "conservation vent" means a vent containing a pressure-vacuum valve 

designed to minimize emissions of vapors from a storage 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 in AS 46.14.990; 

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail 

tank car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or certify 

metering devices; 

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

(29) "emission" has the meaning given in AS 46.14.990; 

(30) "emission limitation" has the meaning given in 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 46.14.990; 

(33) "EPA" means the United States Environmental Protection 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 term 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 AAC 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; 
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(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 device capable of emission; 

“fuel-burning equipment” includes flares; “fuel-burning equipment” does not include mobile 

internal combustion engines, incinerators, marine vessels, 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 stationary 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 fireboxes; 

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990; 

(45) “hazardous air pollutant major source” has the meaning given for the term 

“major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040; 

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020; 

(47) "impairment of visibility" means any humanly perceptible change in 

visibility from that which would have existed under natural conditions; in this paragraph, 

“change in visibility” includes light extinction, atmospheric discoloration, and any other change 

in visual range, contrast, or coloration; 

(48) "incinerator" means a device used for the thermal oxidation of garbage or 

other wastes, other than a wood-fired heating device, including an air curtain incinerator burning 

waste other than clean lumber, wood wastes, or yard wastes; 
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(49) "industrial process" means the extraction of raw material or the physical or 

chemical transformation of raw material in either composition or character; 

(50) "lowest achievable emission rate" or “LAER” has 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 stationary source or physical 

change that meets the definition of “major stationary source” under 40 C.F.R. 

51.166(b)(1); 

(B) for the purposes of 18 AAC 50.311, a stationary source or physical 

change that meets the definition of “major stationary 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 that 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 that 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 “MACT” means a maximum 

achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by 

reference in 18 AAC 50.040, for a new or existing source; 

(57) "maximum true vapor pressure" means the equilibrium partial pressure 

exerted by a stored liquid at the local maximum monthly 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 given to “modification” in 

42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a)); 
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(60) “Nikiski Industrial Area” means the area of the Kenai Peninsula within 

Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian; 

(61) "nonattainment air pollutant" means the air pollutant for which a particular 

area has been designated by the federal administrator 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 material that results in the products 

of combustion being emitted directly into the ambient air without passing through a stack, flare, 

vent, or other opening of an emission unit from which an air pollutant could be emitted; 

(66) "operator" has the meaning given in AS 46.14.990; 

(67) "organic vapors" means any organic compound or mixture of compounds 

evaporated from volatile liquid or any organic compound 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 given 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 standard conditions; 

(72) "permit" includes all of the elements described 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 46.14.990; 

(74) "petroleum refinery" means a stationary source engaged in the distillation of 

petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives; 
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(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 accordance with 40 C.F.R. 52.21(aa), adopted 

by reference in 18 AAC 50.040; 

(76) "PM-10" means particulate matter with an aerodynamic 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 emission units subject to a standard in 

18 AAC 50.085 or 18 AAC 50.090; 

(79) “potential emissions” has the meaning given to 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 approving 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 environmentally acceptable procedure exists, that 

procedure will be required; 

(83) “project” means a physical change or change in the method of operation of 

an existing stationary source; 

(84) “PSD” means prevention of significant deterioration; 

(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 of fuels or raw materials, that is actually used 

and gives the greatest capacity; 

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” 

in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040, 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; 
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 (90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101 

adopted by reference in 18 AAC 50.710; 

(91) "regulated air pollutant" has the meaning given in AS 46.14.990; 

(92) “regulated NSR pollutant” has the meaning given in 40 C.F.R. 

51.166(b)(49); 

(93) "responsible official" means 

(A) for a corporation, a president, secretary, treasurer, or vice-president of 

the corporation in charge of a principal business function, or any other person who 

performs similar policy or decision making functions for the corporation, or a dulyauthorized representative of that person if the representative 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 representative is approved in 

advance by the department; 

(B) for a partnership or sole proprietorship, a general partner or the 

proprietor, respectively; and 

(C) for a public agency, a principal executive officer or ranking elected 

official; for the purposes of this chapter, a principal executive officer of a federal agency 

includes the chief executive officer with responsibility 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 single drill rig is drilling or testing 

an oil or gas well in normal operation or standby service; “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 planned in advance designed to 

keep equipment in good working order; 

(97) "shutdown" means performing all activities necessary to cease operation of a 

source; 

(98) "small business facility" has the meaning given in AS 46.14.990; 
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(99) "smolder" means to burn and smoke without flame; 

(100) “soot-blowing” means using steam or compressed air to remove carbon 

from a furnace or from a boiler’s heat transfer surfaces; 

(101) "stack" has the meeting given in AS 46.14.990; 

(102) "standard conditions" means dry gas at 68o F and an absolute pressure of 

760 millimeters of mercury; 

(103) "startup" means 

(A) for an internal combustion engine aboard a marine vessel, the point in 

time that emissions begin to exit from the vessel as a result of igniting the engine; and 

(B) for all other sources, the setting into operation of a source for any 

reason; 

(104) "state air quality control plan" means the plan 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) standard; 

(C) a maximum achievable control technology standard 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 50.040(a) or (c); and 

(E) any other similar standard for which the stringency of the standard is 

based on determinations of what is technologically feasible, considering relevant factors; 

(107) “temporary construction activity” means construction 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 period; 

(108) “thermal soil remediation unit” means a stationary source that causes 

petroleum contamination to be desorbed from soils by heating the soil in a kiln; 
Register 188, January 2009 ENVIRONMENTAL CONSERVATION 

142 

(109) “Title I permit” means a 

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 

18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560; 

(B) construction permit issued before October 1, 2004; or 

(C) permit to operate issued before January 18, 1997; 

(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 fuel, excluding propane, that 

does not contain used oil, crude oil, or a hazardous waste; 

(115) "upset" means the sudden failure of equipment or a process to operate in a 

normal and usual manner. 

(116) "vapor collection system" means all equipment, ducts, piping, valves, and 

fittings necessary to prevent organic vapors displaced 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 liquid 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 equipment, loading arms, piping, 

meters, and fittings used to fill delivery tanks with volatile liquid; 

(120) "volatile liquid storage tank" means any stationary 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 CONSERVATION 

143 

(123) "wood-fired heating device" means a device designed 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 stoves, 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 provides usable heat for the interior of a building. 

(124) “portable oil and gas operation” means an operation that moves from site to 

site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with 

drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, 

or equipment associated with camps; “portable oil and gas operation” does not include well 

servicing activities; for the purposes of this paragraph, “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 stays 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 which a plantwide applicability 

limitation (PAL) is established at a major stationary source; 

 (127) “regional administrator” means the administrator 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 1993 
 

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DEC 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 Air 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); 

no EPA Action Required

18 AAC 50.035 X Documents adopted 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 

burning 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 1/18/1997 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 devices 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 2/5/07 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 Enforceable 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 subsection
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 50.230 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 10/1/2004 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 10/1/2004 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 changes 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 required
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 50.330 X Repealed 10/1/2004 N/A N/A No action 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 Added 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 YES 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 Repealed 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 required
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 50.390 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 required

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 AAC 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 made; 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 repealed
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 50.508 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 

and 

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 AAC 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 required
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 50.990

X Definitions 7/25/2008 2/5/07 12/3/05 YES

Definitions (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 administrator”
 

(This page left blank intentionally) 
40 C.F.R. Part 51 Appendix V 2.1. (e) 

Evidence State Procedural Requirements Satisfied:

and

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

Dated Evidence of Proper Public Notice:

and

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

Certification that Public Hearings were Held if Applicable:

Affidavit of Notice of Proposed Adoption of Regulations and

Furnishing of Additional Information signed by Rebecca Tyson Smith 

dated August 7, 2008.

Public Notice signed by Commissioner Larry Hartig dated April 21, 

2008.

Affidavit of Publication, Anchorage Daily 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 

signed May 8, 2008).

Affidavit of Oral Hearing signed by Tom Turner dated October 2, 2008.
 

(This page left blank intentionally) 

 

(This page left blank intentionally) 



 

(This page left blank intentionally) 


Chris Clark

being first duly sworn on oath

deposes and says that he/she is

an representative ofthe

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 ofsaid

newspaper. That the annexed is

a yofan advertisement as it

ublished in regular issues

(ano not in supplemental form)

ofsaid newspaper on

April 22

& 23, 2008

and that such newspaper was

regularly distributed to its

subscribers during all ofsaid

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 aaAk..

-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. 2008
 

(This page left blank intentionally) 
UNITED STATES OF AMERICA

STATE OF ALASKA

FOURTH DISTRICT

NOTICE OF PUBLIC

COMMENT PERIOD ON

PROPOSED CHANGES

TO ALASKA

DEPARTMENT OF

ENVIRONMENTAL

CONSERVATION

REGULATIONS

The Oopatiment of Em,]

ronrnental Conservation

(DEC) proposes to adoptregulation changet in Tltte iS, Chapter 50 of the AJas ka Administrative Code to

1) update adoption by ref

erence of revised Standard Conditions for permIte; 2) add a new Standard Condition; 3) adopt

language to allow the useot Standard Conditions inMIngr Source Permits; 4)

propose changes the In Situ Burning Guidelines

for AIasl; and 5) updatethe adoptton by referencedate of revised docu

monte. rciudng the P.,fonnence Audits forCOMS (Conttnuo.s Opec icy Monilodng Syaten,a)

and the In S/lu BurnIng

Guidelines for Alaska.

Before me, the undersigned, a notary public, this day

personally appeared so’-, ‘-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) witha total circulation of more than 500 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 todistribute advertising, and (vi) not intended for a

particular professional or occupational group. The

advertisement which is attached is a true copy of theadvertisement published in said paper on the following

day(s):

April £2 .OO8

Ann 23 20

You may comment on the proposed reouiation

changes, including the

potential costs to private

persons of6ompiying andalternative practical methods of com lyin with th

facsimile at: (907) 465

5129, or bye-mail to the Air Quality

Comments Docket at

p., 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 day

of

,20_

Notary Public in and for the State Alaska.

My commission expires
200$, 

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

5lnlra
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 accommodatethose 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 accommodation ii order to partic4ate ii this public process, 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 ralonale 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 webpageat: hftp:/wdecstate.ak.us/alr/ap/regulatLhbn

After the public comment period ends on May 28, 2008fljDEC will eitheroptttia 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, AS16.14,140

3tatutes Being Implemented, Interpreted, or Made Specific: ASl&03.020, AS 4&14010, AS 4814.020, AS 46.14.030, AS 46.14.120, AS

16-14.140, AS 46.14180isca Inlonnaflon: The pmposed regulation changes are not expected to

equire an Increased appropriation 3eteddl 21,2008 Larry Hartig, Gonvy,issien&’

J neau, AI,.

400

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 24th day of

April 2008 and thereafter for I additional day(s),

the last date of publication being May

1st 2008.

Subscribed and sworn to before me this

8th 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
 

(This page left blank intentionally) 

 

(This page left blank intentionally) 
40 C.F.R. Part 51 Appendix V 2.1. (h)

Compilation of Public Comments and the State Response to them:

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 

Burning Guidelines for Alaska Rulemaking, August 15, 2008; Prepared 

by: Rebecca Smith, Jim Plosay, Tom Turner, Leslie Pearson, Bob 

Mattson, Larry Iwamoto, Gerry Guay.
 

(This page left blank intentionally) 

 

(This page left blank intentionally) 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response 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 Department 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 Situ 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, comments 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 revision to 18 AAC 50.345(j) and on revision 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 Regional 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 December 2007 version of the 

Guidelines with PWSRCAC’s comments in note format;
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 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 address 

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-mail 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 addressed 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. The 

Response to Comments addresses all comments below. 

Comment B: Operating Permit Group Comment on Standard Condition VII:

“The following minor change needs 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 condition 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 Response to Comments

8-15-08 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 reports, 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 introducing 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 reports (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 submittals 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 are 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 requests that the word affirmation be removed from this proposed rule 

and that the types of reports

The department thinks that the proposed condition text is already specific enough. The 

text requires that the permittee certify any of the various mentioned 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 Response to Comments

8-15-08 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 Standard 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 our 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 Standard 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 will 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. The 

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 reporting event that occurs every five years when a new permit is 

issued and supersedes an old permit. This change makes no distinction that the new 

permit reporting requirements are superior to the old permit reporting requirements, just 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 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 conditions), 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. Permittees 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 that 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 under 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 under 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 continuity and permit 

condition-to-condition flow by extending 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 permittees have started submitting 

compliance reports under the currently valid renewal permit, and they 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 expiration 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 31. 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 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 two 

reports would best suit the reporting requirement to ensure clear alignment to the correct 

references in each permit. 

This is one time reporting occurrence, and no 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 

significant 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 Condition VII as 

suggested.

Comment F.1: AOGA Comments on Standard Operating Permit Condition VII

“1. Standard Operating Permit Condition VII – Operating Reports

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 46.14.230.”

Response F.1.a:

The department does not agree with this proposal. The footnote does not change the 

permit effective 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 the 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 Response to Comments

8-15-08 7 of 33

Comment F.1.b:

“b. Please 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) 

working 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 copies 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: Revised 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 copies. 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 contribute 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 emissions/permit deviations reports 

or relocation notices. The 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 type, 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 information 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 Condition VII to a stand-alone standard condition.
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 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 renewal 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 

serve to prevent, abate, or control air pollution.”

Response F.1.d:

The department does not agree. The goal of the condition is supported in federal 

regulation (40 CFR 71.6(a)(3)(iii) 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 compliance 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 permit 

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 conditions 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 report 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 retain 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 requirement should not be included in an initial operating permit.”
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 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: 

“Transition from expired to renewed permit.” The wording of the condition makes it 

clear that it is not applicable 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 because 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 for (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 agrees with this proposed change. The EPA’s approval of Alaska’s State 

Implementation Plan changes to 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 LiquidFired 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 Response to Comments

8-15-08 10 of 33

Response F.2.b:

The department agrees 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 consistent with the definitions of emission unit and stationary source in 

18 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 from “source” to “emission unit” in the 

proposed location in the Standard Condition.

Response F.2.c: Revised Language:

The department proposes 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 Response to Comments

8-15-08 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 location, 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 observations 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 the 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 under 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 Response to Comments

8-15-08 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 consistent 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: Revised 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 stationary 

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. 

which visible-emissions plan for Condition 3 was used for each emission unit

source; if more than one plan was used, give the time periods covered by each 

plan;”
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Response F.2.i:

Please see Response F.2.c.

Response F.2.i: Revised Language:

Please see Response 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 that 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.
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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 performed 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 department 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 definitions of emission unit and stationary 

source in 18 AAC 50.990. 

emission units sources>, to determine the concentration of 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 15 of 33

particulate matter (PM) in the exhaust of an emission unit

Comment F.2.o:

“o. Please delete Condition 9.2b. ADEC does 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 diesel-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 condition,

as written, is based on Departmental experience that 20% opacity does not guarantee 

compliance 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 diameter 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 there is the 

same 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

the transmitted light has to pass through to be observed. A plume 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 than 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.
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Comment F.2.p:

“p. Please delete Condition 10. This condition is not necessary based on the request to 

delete Condition 9.2b.”

Response F.2.p:

The department does not agree. Condition 9.2.b is not being deleted; therefore Condition 

10 should not be deleted. Additionally, this 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 verified.

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 request 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.
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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 

emission 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 Response 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 agrees with this comment. The “b” was omitted from the references in 

Condition 2.1b(i).

Response F.3: Revised Language:

The department proposes to correct the omissions 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”
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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 to 40 CFR 71.10(d)(1).”

Response F.4.a: 

The department agrees 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 agrees 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 member 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 monitoring missed within three 

days of being missed and amending a requirement for visible emission surveillance of 

flares during scheduled maintenance.”
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Comment G.1: BPXA Comments on Standard Operating Permit Condition IX

“The visible emission reporting requirement 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 condition. 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 following 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 follows 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.”

Response 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 conditions.

Visible emissions differ from other compliance requirements in that they are one-timeand-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: Revised Language.
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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 with no 

environmental benefit. BPXA has not exceeded an opacity limit, but has had challenges

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 maintenance 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 Alaska 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 also 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 flare events3 occurring during the life of this 

permit4.”

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 calendar 

year.

Response G.2.a: Revised Language:

The Permittee shall observe six flare events1

occurring during the life of this permit2

including at least one event per calendar year.
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(Please note that the footnote numbers have changed as a result of the deletion 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.
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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 Department 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 following 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 distance 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 read “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 monitoring 

(IAW the SMART protocols) must be ........."

Paragraph 3: replace 65 μg/m3 to reflect the latest revision to the fine 

particulate standard at "35 μg/m3.

Paragraph 4: Since the 1997 form of the standard has been replaced in 2006 I 

recommend we drop the next two paragraphs as they have no meaning in this 

discussion. 

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 or 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 23 of 33

ug/m3) or show both 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 μg/m3 (9 ppm). I chose to list μg/m3 first because the 

particulate standards are in μg/m3. 

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 replaced in name by 

the "Air Quality Index". Second, the table does not list the Air Quality Index 

(AQI) for fine particulates which were established as a standard in 1997 (65

μg/m3

) and revised in December 2006 to 35 μg/m3. 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 identified 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 μg/m3), Level 2 

would be set at 55 μg/m3, Level 3 would be set at 140 μg/m3, Level 4 would 

be set at 210 μg/m3 and the significant harm level would get set at 280 μg/m3

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 as they pertain to the ISB Guidelines are 

as follows: The Department concurs. The suggested 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/m3 for 

public health and safety requirements. In 2006, the standard was revised to 35 

μg/m3

. These guidelines are consistent with the revised 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: 
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The Department has considered the effects of the change in the National 

Ambient Air Quality Standard (NAAQS) from a 24-hour average of 65 μg/m3 to 

a 24-hour average of 35 μg/m3 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 the overall conservative nature of the In 

Situ Burn Guidelines. 

The NAAQS PM2.5, 24-hour average 35 μg/m3 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.” 

Additional text requiring air monitoring (for burns that may impact populated 

areas) was added to an earlier draft of the ISB Guidelines to provide further

measures 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 μg/m3 for PM2.5).” As noted in our note 1 

above, this is not quite true.

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.)

4. On page 10, the reference (ASTM 1997) should be 2007. ASTM standards 

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-Resistant Boom. This is not listed in the references.

Response: The Department concurs. The recommendation 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 appropriate such as use of the NRT’s SMART protocols for 
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8-15-08 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. Appendix 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 in 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 μg/m3 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 μg/m3 and 35 

μg/m3 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 μg/m3. As per the reference “Incorporated here by reference is “In Situ 

Burning Safe Distance Predictions with ALOFT-FT 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 μg/m3 has been changed to reflect 35 

μg/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 does not note that these values do not 

consider burn size or type of oil being burned.
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8-15-08 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 μg/m3 micrograms per cubic 

meter, 1-hour average in populated areas. (See “Notification Levels”)” this 

statement is clear that the modeling is based on 65 μg/m3 and not 35 μg/m3 as 

stated other places.

Response: Noted. The reference to 65 μg/m3 has been changed to reflect 35 

μg/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, specifically the response to paragraph B.1.)

10. Page 21 – Figure 1 - This figure is based on 65 μg/m3 and not 35 μg/m3 and 

requires updating - further it does not consider oil type or burn size.

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.)

11. Page 23 – Figure 2 - This figure is based on 65 μg/m3 and not 35 μg/m3 and 

requires updating - it does not consider oil type or burn size. In fact the 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: Noted. 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 clarification 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?
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Response: Noted. The last paragraph on page 29 has been changed to reflect the 

35 μg/m3 standard. DEC Air Quality staff provided additional clarification 

on this issue (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 reviewed 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 being 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 the 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 particulate 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: Recommendations to use empirically-based data (to include the 

proposed figure 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 of 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 short 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 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 μg/m3 and not 65 μg/m3. 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 clarification 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.

Response: The Department does not concur. This statement provides the 

basic justification for employing ISB. While an ISB operation will result in 

air pollution, it may be a necessary tactic to supplement mechanical recovery 

methods in an overall effort to mitigate the effects of an oil spill.

2. Inconsistencies in requirements for visual monitoring and monitoring via the 

use of SMART protocols.

Response: The Department does not concur. As written, the guidelines are 

intended to provide flexibility to the State and Federal On-Scene Coordinators 

to manage this process of an ISB operation. Visual monitoring may not be 

practicable during night operations and limited visibility conditions (e.g., 

during the predominant winter months in the Arctic and elsewhere in Alaska). 

Inclement weather may also preclude visual monitoring.

3. Inconsistencies in requirement to collect burn residue.

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. 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 Response to Comments

8-15-08 29 of 33

4. Lack of requirement for conducting a trial burn to verify predicted plume 

projection and dispersion operations.

Response: The Department does 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 

requirement 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 ISB 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 

human health are in conformance with the 2006 National Ambient Air Quality 

Standards (NAAQS).

Response: The Department does not concur. DEC Air Quality staff provided 

additional clarification on this issue (see ADEC comments in the previous 

section of this document). Additional 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 levels 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 addresses 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 does not concur. The FOSC and SOSC have 

statutory and regulatory authorizations to direct all response activities to an oil 

spill and at critical times may need to make timely decisions without having 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response to Comments

8-15-08 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 mitigation 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 “potentially affected” parties are consulted may prevent effective 

incident 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 recommendation 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 Response to Comments

8-15-08 31 of 33

D. Oral Testimony (Dana Olson): Comments specific to the ISB Guidelines. 

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, state, 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 winter, 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 the 

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. It'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 account 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 a 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response 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 whatsoever -- 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 that 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 not 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 endanger 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 damage 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 directed 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 to 
Standard Conditions and In Situ Burning Guidelines Rulemaking Response 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 landlocked, 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 inland 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 differences 

(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 Standards. 

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 federal 

agencies that must be consulted with prior to commencing with an in situ burn 

operation during an oil spill response. 

 

 
 

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Additional Information:

Standard Conditions Rulemaking, 2008; 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 

Deviation Reports Permit Condition for Air Quality Permits; Adopted 

by Reference in 18 AAC 50.346; August 25, 2004; Revised August 20, 

2008

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, 2008

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, 2008

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, 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 2008
 

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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 Prevention and Response and the Air Quality 

Division. The proposed changes are being public noticed as part of this regulation 

package to provide opportunity for the public to comment on them. Additionally, 

paragraph 18 AAC 50.035(a)(1) is being 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 and 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 inclusion of Minor Permits in the list of permits 

which can include standard conditions. 

4. Update to Standard Condition III – Excess 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 Condition 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 standard or limitation. “Failure to 

monitor/report” is not necessarily related with emissions of an air pollutant. 

6. Update to Standard Condition VII – Operating Reports 

This condition is being updated to address 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 submittal 
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4-15-08 2 of 3 

periods for permit renewals may result in time gaps between permit expiration and 

renewal permit issuance. Clarification was needed to ensure that Permittees are 

providing complete reporting coverage for the entire duration of the reporting 

period when one permit may lapse and does not terminate on the end date of 

reporting for that permit, and another permit may become effective for only a short 

period within the reporting period. Also 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 – Visible 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 State Implementation Plan (SIP) that has 

become superseded by EPA’s approval of the Department’s revised SIP regulation. 

It was also updated to require the recording 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 elapsed” 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 require 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)(iii) 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 failure criteria for the zero alignment 

check. 

The condition lacked a failure requirement. Air Quality permits require the 

Permittee to perform the zero alignment check 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 Permittees 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® *.doc 
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or Adobe Acrobat® *.pdf) rather than in hard copy form, which would then have to 

be changed to electronic form for storage 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 use standard conditions in permits. This 

change will address inclusion of Minor Permits in the list of permits which can 

include standard conditions. 
 

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DEPARTMENT OF 

ENVIRONMENTAL CONSERVATION 

Performance Audits for COMS 

Adopted by Reference in 18 AAC 50.030 

April 1, 2002 

Revised August 20, 2008 
 

Performance Audits for COMS April 1, 2002 

Revised August 20, 2008 1 

Alaska Department of Environmental Conservation 

Performance Audits for COMS 

Performance audits. The following elements shall be included in performance audits for 

Continuous Opacity Monitoring Systems (COMS), unless the department gives 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 procedures 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 calibration drift procedures of 8.1(4)(i) and (ii) in 

40 C.F.R. 60, Appendix B, Performance Specification 1 (PS-1), adopted by reference in 

18 AAC 50.040(a). The error is defined as the difference (in % opacity) between the correct 

value and the observed value for the zero and high-level calibration checks. 

3 Zero Compensation Assessment. The value of the zero compensation applied at the time of 

the audit shall be calculated as equivalent opacity, corrected to stack exit conditions as 

necessary, according to the procedures specified by the manufacturer. Record the compensation 

applied to the effluent recorded by the monitor system. 

4 Calibration Error Check. Conduct a three-point calibration error test using three calibration 

attenuators that produce outlet pathlength corrected, single-pass opacity values shown in 

ASTM D 6216-98, section 7.5, adopted by reference in 18 AAC 50.035(c). If the applicable 

limit is less than 10 percent opacity, use attenuators as described 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 COMS data recorder. Separately, insert each 

calibration attenuator (low, mid, and high-level) into the external 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 attenuator in place for at 

least two times the shortest recording interval on the COMS data recorder. Make a total of 

five nonconsecutive readings for each attenuator. At the end of the test, correlate each 

attenuator insertion to the corresponding 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 difference, standard deviation, and confidence 

coefficient of the five measurements value 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 three test attenuators using equation 1- 6 of 

PS-1. Report the calibration error test results for each of the 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 conducted in conjunction with, but prior to, other 

performance audit elements. 

A. Primary Zero Alignment Method. The primary zero alignment shall be performed under 

clear path conditions. This may be accomplished if the process is not operating and the 

monitor pathlength is free of particulate matter or the monitor may be removed from its 

installation and set up under clear path conditions. The absence of particulate matter shall 

be demonstrated prior to conducting 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 response to a clear path 

condition and to the monitor's simulated zero condition as percent opacity corrected to stack 

exit conditions as necessary. For monitors with automatic zero compensation, disconnect or 

disable the zero compensation mechanism or record the amount of correction applied to the 

monitor's simulated zero condition. The response difference in percent opacity to the clear 

path and simulated zero conditions shall be recorded as the zero alignment error. Adjust the 

monitor's simulated zero device to provide the same response as the clear path condition. 

Restore the COMS to its operating mode. 

B. Alternate Zero Alignment Method. Monitors capable of allowing the installation of an 

external, removable zero-jig may use the equipment for an alternative zero alignment 

provided that the zero-jig setting is established for the monitor 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 producing a consistent zero 

response when it is repeatedly (i.e., three consecutive installations and removals prior to 

conducting the final zero alignment check) installed on the COMS. The zero-jig setting 

shall be permanently set at the time of the initial COMS zeroing to the clear path zero value 

and protected when not in use to ensure that the setting equivalent to zero opacity does not 

change. The zero-jig setting shall be checked and recorded prior to initiating the zero 

alignment. Emission unit owners and operators 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 not need servicing solely based on this test). 
 

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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, 2008 
Standard 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 permittee believes to be unavoidable; 

b. in accordance with 18 AAC 50.235(a), within two working days after 

the event commenced or was discovered, report an unavoidable 

emergency, malfunction, or nonroutine repair that causes emissions in 

excess of a technology based emission standard; 

c. report all other excess emissions and permit deviations 

(i) within 30 days of the end of the month in which the emissions or 

deviation occurs, except as provided in conditions III.1.1c(ii) and 

III.1.1c(iii); 

(ii) if a continuous or recurring excess emissions is not corrected 

within 48 hours of discovery, within 72 hours of discovery unless 

the department provides written 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 permittee 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 permit 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 permittee shall provide a more detailed 

written report as requested to follow 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 and Permit Deviation 

Reports 

Applicability: Applies when the emissions or operations deviate from the 

requirements of the permit. 

Factual Basis: This condition satisfies two state regulations related to excess 

emissions - the technology-based emission 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 always a violation. 

For a situation lasting more than 24 hours, which constitutes a deviation, each 24-

hour period is considered a separate deviation. “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 emissions control device parameter values 

indicate that an emission limitation or standard has not been met; 

3. a situation in which observations or data collected demonstrate 

noncompliance with an emission limitation 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, monitoring, recordkeeping or reporting 

required by this permit is not performed 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 definitions 40 CFR 71. These definitions shall be 

considered in determining an “excess emissions” or “permit deviation” when 

reporting an occurrence using the ADEC notification form. 

The reports themselves and the other monitoring records required under this permit 

provide monitoring of whether the Permittee has complied with the condition. Please 

note that there may be additional federally required excess emission reporting 

requirements. 

<Insert section cross reference>, Notification Form 
Standard Permit Condition III – 

Excess Emissions and Permit Deviation Reports August 25, 2004 

Revised August 20, 2008 5 

The department modified the notification form, deviating from standard permit 

condition IV, to more adequately meet the requirements of Chapter 50, Air Quality 

Control. The modification consisted of updating the current Department e-mail 

address in the report form used for submission of this form due to recent changes at 

the Department. 
 

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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. 2008 
Standard 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 Emissions/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 Agreement 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 happened and the cause. Include the 

parameters/operating conditions exceeded, 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 potentially exceeded during the event 

and the exceedance. 

Unit ID Emission Unit Name Permit Condition Exceeded/Limit/Potential 

Exceedance

 
Standard Permit Condition IV – 

Notification Form April 1, 2002 

Revised August 20, 2008 3 

(e) Type of Incident (please 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 affirmative 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/Compliance Certification 

Standard Conditions Not Included in Permit 

Generally Applicable Requirements 

Reporting/Monitoring for Diesel Engines 

Insignificant Source 

Facility Wide 

Other Section: (title of section 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 /Potential Deviation

 

(c) Description of Potential Deviation: 

Describe briefly what happened and the cause. Include the 

parameters/operating conditions and the potential deviation.

 

(d) Corrective Actions: 

Describe actions taken to correct the deviation or potential deviation and to prevent future 

recurrence. 

 

Certification: 

Based on information and belief formed after 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 this report can be made electronically at the 

following website: 

 https://myalaska.state.ak.us/deca/air/airtoolsweb/

if submitted online, report must be submitted by an authorized E-Signer for the Stationary 

Source. 
 

(This page left blank intentionally) 
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, 2008 
Standard Operating Permit Condition VII – 

Operating Reports August 25, 2004 

Revised August 20. 2008 2

Standard Operating Permit Condition VII – Operating Reports 

Stationary Source Categories This Condition Applies to: All stationary source 

types. 

The department will use standard permit condition VII 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 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 different semi-annual periods 

better fit the facility’s operation. 

Permit Wording: 

1. Operating Reports. During the life of this permit1

, 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 information 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 cover letter certified in accordance with 

Departmental submission requirements. 

1.2 If excess emissions or permit deviations that occurred during the reporting 

period are not reported under 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 emissions 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 obligation 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 deviations have already been reported 

under condition <insert standard permit condition concerning excess 

emissions and permit deviation 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 number(s) from this permit> which 

trigger additional testing or monitoring, 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 permit. 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 additional 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 requirements for reports listed in 

regulation. The condition supplements the specific reporting requirements elsewhere 

in the permit. The reports themselves provide monitoring for compliance with this 

condition. 

A modification of the Standard Permit Condition VII was added to provide 

clarification of transition periods 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 those 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. Alternatively, 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 report until the date of 

expiration of the old permit, and a second 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 report 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 ADEC 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, 2008 
Standard 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 Condition 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 apply 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 engines and liquid-fired turbines 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), which could include standby emission units. 

The department will use Standard Permit Condition 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 stationary source specific conditions 

more adequately meet 18 AAC 50 include: 

1. if the department finds that particulate matter and opacity emissions data available for the 

emission unit or for the equipment make and model is sufficient to demonstrate that there 

is a different relationship between opacity and particulate matter than that used as the 

basis for standard permit condition IX; 

2. emission unit specific conditions are requested for conditions 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 

Units designation> to reduce visibility through the exhaust 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 certification 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 burned 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 annual 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 certification 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 report 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-specific 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 emission 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, Method 9, adopted by reference in 18 AAC 

50.040(a), for 18 minutes to obtain 72 consecutive 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 after changing from the Smoke/No-Smoke 

Plan of Condition 3.2. For any units replaced 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 calendar 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 and one or more observations are greater 

than 20 percent, perform 18-minute observations 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 greater 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 percent, then increase or maintain the 

18-minute observation frequency for that emission unit to at least monthly 

intervals, until the criteria in Condition 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 emission 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 corrective action required under Condition 3.3. 

3.3 Corrective Actions Based on Smoke/No Smoke Observations. If visible 

emissions are present in the exhaust during an observation 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 from the emission unit within 24 hours of 

the observation; 

b. keep a written record of the starting 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 observation 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 the schedule of Condition 3.3c(i)(A), 

then observe the exhaust using the Method 9 Plan unless the department 

gives written approval to resume observations under the Smoke/No Smoke 

Plan; after observing smoke and making observations under the Method 9 

Plan, the Permittee may at any time take 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 permittee 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 location, stationary 

source type, observer's name and affiliation, 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 consumption rate) on the sheet at the time 

opacity observations are initiated and completed; 

(iii) the presence or absence of an attached 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 consecutive observations; sets need not be 

consecutive in time and in no case shall two sets overlap; for 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 observation 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 Units designation>, the ID of the 

emission unit observed; 

c. whether visible emissions are present or absent in the exhaust; 

d. a description of the background to the 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 source 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 observed 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 events1

 occurring during the life of this permit2 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 postponed 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 the 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 activities. 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 permit 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 particulate 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 standard conditions and averaged 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 certification 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 states emission unit(s) operating limits>, 

monitoring shall consist of an annual compliance certification under Condition 

<insert Annual Compliance Certification 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 certification 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 matter 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 Limits 
Standard 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 

CO2 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 

CO2 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-specific 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 Diesel Engines and Liquid-Fired Turbines. The 

Permittee shall conduct source tests on diesel 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 criteria 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 longer exceed the criteria 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 according to Condition 9.1 if 

a. 18 consecutive minutes of Method 9 observations result in an 18-minute 

average opacity greater than 20 percent; or 

b. for a source with an exhaust stack diameter that is less than 18 inches, 18 

consecutive minutes of Method 9 observations 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 the average opacity measured during each 

one-hour test run. Submit a copy of these observations 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 that unit has shown compliance with the PM 

standard during this permit term. 

10. Particulate Matter Record Keeping for Diesel Engines and Liquid-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 Units designation> in the permit>. Report the stack diameter(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 that 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 threshold of Condition 9.2b within 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 emissions observation results (opacity observations) 

greater than the thresholds of Condition 9.2, if they were not already 

submitted. 

For Liquid-Fired Boilers and Heaters 
Standard 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 conduct 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 days after any time corrective 

maintenance fails to eliminate visible emissions greater than the 20 percent opacity 

threshold for two or more 18-minute observations 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 the average opacity measured during each 

one-hour test run. 

12.3 The PM source test requirement in Condition 12 is waived for an emission unit if: 

a. a PM source test during the most recent semiannual reporting period on that 

unit shows compliance with the PM standard since permit issuance, or 

b. if a follow-up visible emission observation conducted using Method-9 during 

the 90 days shows that the excess visible 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 when an 18-minute opacity observation was 

greater than the applicable threshold criterion in Condition 3.1e. 

b. a summary of the results of any PM testing 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 liquid fuel, monitoring of compliance for 

visible emissions and particulate matter is not required. Monitoring shall consist of 

an annual compliance certification 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 Condition 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-burning equipment in Alaska. 

EU ID(s) <insert EU ID numbers> are fuel-burning equipment. 

Factual basis: Conditions 1 and 2 require the Permittee 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 regulation 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 continuous 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 combustion engines, turbines, heaters, boilers, and 

flares. Initial monitoring frequency schedules are established along with subsequent 

reductions or increases in frequency 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 emission problems from sources either through 

maintenance programs and/or more rigorous tests that will quantify whether a specific 

emission standard has been exceeded. 

Condition 6 was developed to provide a standardized version of flare monitoring that is not 

dependent upon the type or design of upstream equipment. It has been claimed that gas-fired 

flares normally burn without emitting visible emissions, but actual field data demonstrating 

this assumption is not available. However, gas-fired flares have been shown to smoke when 

a control device, i.e. a knockout drum, flare scrubber, gas or steam assist, or vapor recovery 

system malfunctions. Thus, the Condition sets out a protocol to collect actual field data to 

determine compliance with the 20 percent opacity standard for flares. 

A recent department analysis of industry flaring operations indicates that 49 percent of the 

gas flared (by volume) is for pilot/purge, 25 percent is for flaring less 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 and can be observed at any time. This type of 

flaring has not caused violations of the opacity standard 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 this 
Standard 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-continuous flaring operations that are scheduled and 

for which a certified observer can reasonably be located onsite. 

Since it is impractical to require facilities to have a certified Method-9 opacity reader on site 

for unpredictable emergency flaring, the monitoring protocol requires Method-9 readings 

only during scheduled flare events. 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 quantified and reported to the Alaska Oil and Gas 

Conservation Commission for other reasons and thus provides 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 definition 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 certified Method-9 readers onsite. Most oil and gas 

production facilities in Alaska are located at remote sites, so it is not reasonable to selfmonitor all or even a large sample of the flaring 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 reports, citizen complaints, and agency inspections 

for information concerning these short term and emergency events. 

Gas Fired: 

Monitoring – The monitoring of gas fired sources for visible emissions is waived, i.e. no 

source testing will be required. The department has found that natural gas fired equipment 

inherently has negligible PM emissions. However, 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 observed 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 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 certification 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 with 
Standard 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. AWQ 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 annual certification of compliance 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 monitoring 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 Procedure 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 applies 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, record, and report according to Condition 2.2. 

Conditions 7 and 9 - 11, 12 - 14, & 15, Particulate Matter (PM) Standard 

Applicability: The PM standard applies to operation 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 because 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 equipment 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 compliance 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 gas-fired sources. Equipment types covered by 

these conditions are internal combustion engines, turbines, heaters, and boilers. Initial 
Standard 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 established along with subsequent reductions or 

increases in frequency depending on the results of the self-monitoring program. 

Gas Fired: 

Monitoring – The monitoring of gas-fired sources for particulate matter is waived, i.e. no 

source testing will be required. The department has found that natural gas-fired equipment 

inherently has negligible PM emissions. However, the department can request a source test 

for PM emissions from any smoking equipment. 

Reporting – The Permittee must certify annually that 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 observed, 2) and results of PM source tests. The 

Permittee is required to include copies of the results of all visible emission 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 certification 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 and 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 fuel 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 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 monitoring is required because these sources are 

insignificant sources based on actual 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 considered insignificant sources by 

emissions as specified in 18 AAC 50.326(e) and no monitoring is required in accordance 

with department Policy and Procedure 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 questionable results these tests produce when applied 

to flares. The department has recognized this fact by incorporating the waiver in the State 

Implementation Plan adopted in November 1984, which has not been federally approved. No 

recordkeeping or reporting 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 standards 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 comply with the particulate matter 

emission standards applicable to incinerators based on rated capacity. The Permittee may not 

cause or allow the affected incinerator to violate this standard. 

The Permittee is required to monitor, record, and report according to Condition 8.1. For 

incinerators with a rated capacity of less than 1000 pounds per hour, the Permittee is not 

required to monitor particulate matter because there 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, 2008 
Standard Operating Permit Condition XIII – April 1, 2002 

Coal Fired Boilers 

Revised August 20. 2008 1 

Standard Operating Permit Condition 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 condition 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 unit or stationary source 

specific conditions more adequately meet 18 AAC 50 include:

1. the permittee demonstrates that Continuous 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 Monitoring – Procedures for Operation of a 

COMS. The following procedure applies to monitoring visible emissions using a 

Continuous Opacity Monitoring System (COMS): 

1.1 the COMS must meet the performance specifications 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 accordance 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; from this data, calculate and record the 

average opacity for each successive one-minute period; 

1.4 at least once daily, conduct a zero and upscale check in accordance with 40 C.F.R. 

60.13(d), adopted by reference in 18 AAC 50.040(a), and a written procedure; adjust 

whenever the zero or upscale drift exceeds four percent opacity in a 24-hour period; 

1.5 conduct performance audits as follows: 

a. for a COMS that was new, relocated, replaced, or substantially refurbished on 

or after April 9, 2001, perform an audit that 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 Condition XIII – April 1, 2002 

Coal Fired Boilers 

Revised 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 frequency 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 approval 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 standard conditions and averaged over three hours. 

(18 AAC 50.055(b)) 

2.1 Coal Fired Boiler PM Monitoring 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 exhaust ductwork and all leaks that would 

allow dirty gas to pass into the clean 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 address 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 boiler within 8760 operating hours or two 

calendar years, whichever is sooner, after the issue date of the initial 

operating permit; 
Standard Operating Permit Condition XIII – April 1, 2002 

Coal Fired Boilers 

Revised 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 within 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 excess 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 testing 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 compliance 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 record visible emissions and steam 

production rates; submit the records with the source test report; 

determine visible emissions consistent with monitoring methods of 

condition <insert applicable condition number from this permit> for the 

duration of each one hour run; 
Standard Operating Permit Condition XIII – April 1, 2002 

Coal Fired Boilers 

Revised August 20. 2008 4 

c. measure and record steam production as follows: 

(i) operate and maintain a device to measure and record steam production in 

accordance with the manufacturer’s written requirements and 

recommendations; 

(ii) except during breakdowns, repairs, calibration 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 the average steam production rate for 

successive one-hour periods; maintain this 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, determine the relative accuracy of each 

monitoring device required by condition XIII.2.1c(i); 

(iv) keep sufficient written records to show 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 checks, 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 exceed the particulate matter emission 

limit; 

(iii) if a steam production monitoring device malfunctions or becomes 

inoperable for four or more consecutive hours; in the report, identify the 

boiler, the cause of failure, and the anticipated time required to repair the 

device; 

b. include in each operating report under condition <insert standard permit 

condition number concerning operating reports>: 

(i) the results of each particulate matter source test; 
Standard Operating Permit Condition XIII – April 1, 2002 

Coal Fired Boilers 

Revised August 20. 2008 5 

(ii) for any boiler with a steam production limit, the limit and averaging 

period, the highest steam production rate for the period covered by the 

report (averaged over the same averaging 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 Emissions 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 representative of the coal shipped; 

(ii) if valid representative results 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 percent sulfur by weight, calculate the 

three hour exhaust concentration expected to result from combusting each 

shipment of fuel using the following equation: 

SO2-concentration, PPM = 1.00 X 106

 X mol-SO2 / (mol-SO2 + molCO2 + mol-O2 + mol-N2) 

Where: 

mol-SO2 = [wt%Sulfurfuel, %] / 32.06 

mol-CO2 = [wt%Carbonfuel, %] / 12.01 
Standard Operating Permit Condition XIII – April 1, 2002 

Coal Fired Boilers 

Revised August 20. 2008 6 

mol-O2 = MF X (([wt%Nitrogenfuel, %] / 28.01) + (4.76 X mol-SO2) + 

(4.76 X mol-CO2) + (1.88 X mol-H2O) - (3.76 X ([wt%Oxygenfuel, %] / 

32.00)) 

MF = ([vol%O2, exhaust, %] / (100% - 4.76 X [vol% O2, exhaust, %]) 

mol-H2O = [wt%Hydrogenfuel, %] / 2.016 

mol-N2 = ([wt%Nitrogenfuel, %] / 28.01) + (3.76 X mol-SO2) + (3.76 X 

mol-CO2) + (1.88 X mol-H2O) + (3.76 X mol-O2) - ([wt%Oxygenfuel, %] / 

8.51); 

And Where: 

The fuel weight percent (wt%) of carbon, nitrogen, oxygen, and hydrogen 

is obtained from the most recent analysis required by condition XIII.3.1b; 

The volume percent of oxygen in the exhaust (vol% O2, exhaust,) is obtained 

from oxygen meters on a three hour average or from the most recent 

ORSAT analysis at the same boiler load used in the calculation; and 

The fuel weight percent (wt%) of sulfur 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 procedures 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 representative 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 fired boiler at the stationary source to 

determine sulfur compound emissions while burning each shipment of fuel if 

the calculations of condition XIII.3.1a(iii) show that the exhaust SO2

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 SO2

concentration averaged over three-hours, and any test results and calculations 

determined under condition XIII.3.1. 

3.3 CFB Sulfur Compound Emissions Reporting. The permittee shall 
Standard Operating Permit Condition XIII – April 1, 2002 

Coal Fired Boilers 

Revised August 20. 2008 7 

a. submit a report in accordance with condition <insert standard permit condition 

number concerning excess emissions and permit deviation reports> whenever 

(i) a three-hour exhaust concentration 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 operating 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 SO2 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 standards of 18 AAC 50.055(a)(1) and (a)(9). 

2. Conditions XIII.2.1b(iv) and XIII.2.1c and the 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 production 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 conditions 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 substantially higher ash content than normal run of mine coal, the 

allowable fuel sulfur must decrease proportionally with the portion of the coal that is 

combustible in order to assure compliance with the 500 ppm SO2 standard. The permit 

should require the calculation under condition XIII.3.1a(ii) if it is foreseeable 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. 2008 
Standard 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 unit 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 Environmental Protection Agency (EPA): 

1.1 The permittee shall provide a copy of each application for modification or 

renewal of this permit, including any 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 Compliance 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 Word 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. This condition shifts the burden of compliance 

from the Department to ensure that copies of application materials are submitted to 

EPA by transferring that responsibility to the Permittee. 
 

(This page left blank intentionally) 
ALASKA DEPT OF U.S. EPA, REGION 10 

 ALASKA OPERATIONS OFFICE

U.S. COAST GUARD 

ENVIRONMENTAL CONSERVATION SEVENTEENTH DISTRICT

 

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 Acronyms .............................................................................................................. 1

How to Use In Situ Burning Guidelines for Alaska ...................................................................... 3

1. Introduction ........................................................................................................................... 5

Applicability ........................................................................................................................... 5

Background ........................................................................................................................... 5

Updates in this Revision ....................................................................................................... 6

2. Operational considerations ................................................................................................... 9

In Situ Burning in Relation to Mechanical Recovery ............................................................ 9

Optimal Conditions for Burning ............................................................................................. 9

Oil Thickness and Containment ............................................................................................ 9

Emulsification ...................................................................................................................... 11

Weathering .......................................................................................................................... 11

Waves ................................................................................................................................. 12

Burn Volumes ..................................................................................................................... 12

Residues ............................................................................................................................. 12

Monitoring, Sampling, and Trial Burns ............................................................................... 14

Safety of Personnel............................................................................................................. 14

Wildlife ................................................................................................................................ 15

3. Safe Distance ...................................................................................................................... 17

The Public Safety Criterion ................................................................................................. 18

Safe Distance in Populated, Flat Terrain ............................................................................ 19

Authorization in Cook Inlet and on the North Slope ........................................................... 29

PM2.5 National Ambient Air Quality Standard ..................................................................... 29

Consideration of Moving Source ........................................................................................ 30

Conditions of Authorization ................................................................................................. 31

Notification System ............................................................................................................. 31

Notification Levels ............................................................................................................... 31

Post-Authorization Requirements ....................................................................................... 32

4. Public Health and the Environment .................................................................................... 33

Public Health Considerations.............................................................................................. 33

Environmental Considerations ............................................................................................ 38

5. References .......................................................................................................................... 45
 ii Revision 1-August 2008

Appendices: 

Appendix 1: Application and Burn Plan ................................................................................... 49

Appendix 2: FOSC/SOSC Review Checklist In Situ Burning Guidelines for Alaska ............... 53

Appendix 3: Sample Unified Command Decision Document for In Situ Burning .................... 59

Appendix 4: Class I Areas in Alaska ....................................................................................... 61

Appendix 5: Air Quality Monitoring Equipment in Alaska ......................................................... 63

Appendix 6: Fire Danger Rating for Inland Areas .................................................................. 65

Tables and Figures: 

Table 1 Optimal Conditions for Effective Burning of Alaska North Slope Crude Oil ............... 10

Table 2 Residue Produced During the Newfoundland Offshore Burn Experiment ................. 13

Table 3 Characterization of Residues from Laboratory Test Burns of Alaska 

 North Slope Crude ...................................................................................................... 13

Table 5 ALOFT-FT Predictions of Downwind Safe Distances for Ground-Level PM2.5

Concentrations of 65 Micrograms per Cubic Meter over Flat Terrain. ..................... 30

Table 6 Air Quality Standards................................................................................................... 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 Burn 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 Conservation, 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 started 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 level, 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 2008
Green Zone: Safe Air Quality. Predicted concentrations of particulates will not exceed established 

air quality standards. 

In situ burning: Combustion of oil on the surface where it spilled. “In situ” is Latin for “in place.” 

Excludes well control, waste disposal, burning of oily vegetation, and adding a burning 

agent.

MOA: Memorandum of Agreement 

NAAQS: National Ambient Air Quality Standard

NCP: National Oil and Hazardous Substances Pollution Contingency Plan 

NOAA: National Oceanic and Atmospheric Administration. 

NRT: National Response Team. 

PAH: Polynuclear Aromatic Hydrocarbon. 

PM2.5: Particulate matter with diameter of 2.5 microns or less. 

PM10: 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 spill-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 PM2.5 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 contractor. 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 for 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 burn of oil. They may authorize burning when: 

mechanical containment and recovery by themselves 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 “Application 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 Checklist in Appendix 2. The checklist includes the 

following six steps: review of the completed Application 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 environmental 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 PM2.5 and 65 μg/m3 for public health and safety requirements. In 2006, the standard 

was revised to 35 μg/m3

. These guidelines are consistent with the revised national air quality 

standard. However, air monitoring (in accordance with the SMART protocols) must be conducted 

during the burn operation to ensure the standard 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 separate populated areas from the burn to protect 

the public health. The “safe distances” are designed to meet the most recent state and federal air 

quality public safety regulatory standards in populated 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 guidelines 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 considerations is included in Section 4. 

3 Revision 1-August 2008
 4 Revision 1-August 2008

• The Application and Burn Plan is provided in Appendix 1. 

• The FOSC/SOSC Review Checklist 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 for 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.pdf 
1. Introduction 

Background and Technical Information

1. INTRODUCTION 

Purpose and Scope 

The guidelines identify (1) the Alaska Regional Response 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 FOSC/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 smoke 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 situ 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 site 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 2008
 1. 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 (Revision 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 mechanical containment and removal is limited. In 

these circumstances, the use of in situ burning, alone or in conjunction with mechanical and/or 

chemical countermeasures, may 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 the 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 Act, 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 constitutes 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 regulations 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 incident 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 situ 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 for 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 predicted concentrations of 

PM2.5. The 1994 guidelines were based on PM10 concentrations. The change takes into 

account the new National Ambient Air Quality Standards for PM2.5 that became effective in 

 6 Revision 1-August 2008
1. Introduction 

1997. See Section 3. These guidelines are consistent with the revised national air quality 

standards (35 μg/m3

 for PM2.5). 

 

• Revision 1 assumes that maintaining safe distances between populated areas and harmful 

levels of PM2.5 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 expressed 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 Arctic 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 condition of authorization, when practicable. 

• Revision 1 includes, as a condition of authorization, 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 situ 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 Act’s National Oil and Hazardous Substances 

Pollution Contingency Plan and the Endangered Species Act (ESA MOA)”. 

7 Revision 1-August 2008
 1. Introduction 

 8 Revision 1-August 2008

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2. Operational Considerations 

2. OPERATIONAL CONSIDERATIONS 

The in situ burning operations discussion in this section supports Parts 1 and 2 of the Application and 

Burn Plan and Steps 1 and 2 of the FOSC/SOSC Review 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 Step 2, the FOSC/SOSC determines 

whether in situ burning is feasible 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 increased 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 resources to recover more quickly; and/or (4) provide the 

most effective means to remove oil from water prior to shoreline impacts in broken ice conditions, in 

remote or inaccessible areas, and/or when containment and storage facilities are overwhelmed. 

Optimal Conditions for Burning 

Table 1 summarizes the optimal conditions for in situ 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 thickness of lighter oils and achieving ignition of heavier 

oils make in situ burning less feasible for some oils, such as diesel and Bunker C. 

Oil Thickness and Containment 

Thicker layers of oil more readily ignite and sustain a burn. A minimum thickness of 2 to 3 millimeters 

of oil may be required for ignition (ASTM 2003) regardless of oil type. The thickness necessary for 

successful ignition increases with weathering and viscosity of oils. For example, minimum ignitable 

thicknesses for Alaska North Slope crude oil are estimated 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, estimated 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 millimeters thickness, approximately 80 to 90 percent of the oil burned. 

In a slick of 100 millimeters thickness, approximately 98 to 99 percent of the oil burned. 

9 Revision 1- August 2008
2. 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 optimal (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 entrainment beneath the boom. 

Ice Variable effects depending upon the nature and concentration of the ice. 

Where ice contains the oil and prevents it from spreading, the burn can remove a 

high percentage of the naturally contained slick. 

Isolated floes may interfere with booming operations by filling collection areas, 

preventing oil from building up within the collection 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 achieve 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 greater speeds, oil is lost under the boom by 

entrainment. 

Ice concentrations of approximately 8 tenths coverage 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 2008
2. 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, thus 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 contained 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 burning, uncontained fresh crude slicks. 

Shorelines also sometimes serve as natural containment for oil for in situ burning (ASTM 2003). 

Emulsification 

Emulsification and water entrainment decreases ignitability, 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 cannot be ignited at water contents greater than 25 

percent, although the results varied widely among oil 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 ignitability and efficiency of in situ burns (Buist et al. 

1996). Researchers have found that weathering resulted 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 2008
2. 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. However, 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 North 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 conditions and oil type. Oil burns at a rate of about 

0.07 gallons/square foot/minute, or about 100 gallons/square-foot/day (ASTM 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 could 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 residue 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 (Table 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 the 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, naphthalene, 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 few residual PAHs from the oil itself. Models were 

developed to predict the overall composition and density of the residue. 

 12 Revision 1-August 2008
2. Operational Considerations 

Table 2 

Residue Produced During the Newfoundland Offshore Burn Experiment 

Variable Burn 1 Burn 2 

Volume of oil discharged (m3) 48.3 28.9 

Residue in fireproof boom after the burn (m3) 0.2 (max.) 0.1 (max.) 

Residue in backup boom after the burn (m3) 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 fresh, unweathered oil and the other with weathered, 

emulsified oil, the residues in both cases sank after the residue had cooled (Buist et al. 1995a and b). 

Table 3 lists the densities of Alaska North Slope 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/cm3) 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 consistency. Tests on Alaska North Slope crude oil 

produced residues ranging in consistency from a “semi-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 could 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 (Guenette 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 may allow a few hours to recover the residue before it 

sinks (Fingas et al., 2005). 

13 Revision 1-August 2008
2. 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 possible, deployed prior to conducting any trial or 

operational burn. If practicable, this will include, for all burns, visual monitoring of the smoke plume’s 

behavior. In addition, air monitoring will be conducted during the burn operation whenever there is a 

potential to impact populated areas. 

The Unified Command should consider additional safeguards 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 continuously evaluated to ensure the burn is being 

conducted safely. Weather and sea conditions will also 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 predicted plume direction and dispersion 

distance downwind before authorizing continued burning operations. When performing inland burn 

operations the FOSC and SOSC will utilize the 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 migratory bird colony). See Appendix 

5 for a list of air quality monitoring equipment in Alaska. 

Safety 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 responsible 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). The 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 “Guidance 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 Company’s “Supplemental Information Document: 

Burning as a Response Tool” (1996) also provides 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 2008
2. Operational Considerations 

• Fire hazard. In situ burns are monitored to ensure 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 releasing 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 working in these conditions should have practiced 

the techniques involved with in situ burning. 

• Other 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 exposed to extreme cold. Personnel may also be 

exposed to extreme heat from the fire. 

Wildlife 

In accordance with the Endangered Species Act (ESA) Memorandum of Agreement (MOA) 

emergency consultation process, when a threatened or endangered species and/or their critical 

habitat(s) are, or could be present, in the area affected 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 recommendations 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). [Note: When a threatened or endangered species and/or 

their critical habitat(s) are, or could be present in an area affected by incident-related response 

activities, the FOSC needs to initiate emergency consultation by contacting the NOAA and/or the DOI 

ARRT contacts to request endangered species expertise.] 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, wildlife 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 2008
2. Operational Considerations 

 16 Revision 1-August 2008

(This Page Intentionally Blank) 
3. Safe Distance 

3. SAFE DISTANCE 

The safe distance discussion in this section supports 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 distance 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 most recent state and federal air quality public 

health regulatory standards in populated areas. Air monitoring (in accordance with the SMART 

protocols) must be conducted during the burn operation 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 downwind distance at which the smoke plume’s 

particulate matter of 2.5 microns or less in diameter (PM2.5) 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 affected 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, fishing, hunting, berry picking, camping, boating, 

backpacking, and/or conducting research. The Unified Command may require further verification 

by aerial reconnaissance or some similar means. 

Note: Another alternative to using computer models 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 that 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 weather conditions prevalent at the time of the 

actual burns represent the typical conditions 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 authorize 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 2008
3. Safe Distance 

to emissions exceeding the National Ambient Air Quality Standard concentrations averaged over 

one hour. 

The Public Safety Criterion 

The safe distance separating populated areas from in situ oil burns is the downwind radius from 

the fire at which smoke PM2.5 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 initially updated to meet the National Ambient Air 

Quality Standard (NAAQS) of PM2.5 and 65 μg/m3 for public health and safety requirements. The 

standard was subsequently revised to 35 μg/m3

. These guidelines are consistent with the revised 

national air quality standard. However, when practicable 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 necessary 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 air 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. Incorporated here by reference is “In Situ Burning Safe 

Distance Predictions with ALOFT-FT Model” (Bronson 1998), which explains how the safe 

distances were predicted. 

PM2.5 reflects the size of particulates that pose 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 degree 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 

PM2.5 concentrations indicate safe concentrations of other emissions (Bronson 1998). 

The factor of 2 that was applied to the downwind 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 2008
3. Safe Distance

Safe Distance in Populated, Flat Terrain 

The FOSC/SOSC determines whether the flat terrain 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 Burns 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 immediately after the red zone without a 

buffering yellow zone. Yellow zones are used only 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 land 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 evacuation 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 evacuation, and if the FOSC/SOSC’s best professional 

judgment supports the expectation of PM2.5 less than 35 micrograms per cubic meter, 1-hour 

average in populated areas. (See “Notification Levels”) 

19 Revision 1-August 2008
3. 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 terrain that rises more than 10 percent of the 

mixing layer height 

• For simultaneous burns more than 100 yards apart 
3. 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. 

45o

45o

Red Zone 

1 mile 

3 miles 

Green Zone 

Yellow Zone 

21 Revision 1- August 2008
 22 Revision 1-August 2008

Intentionally blank (color figure on front) 
23 

Downwind distance from fire (miles) 

 1 2 3 4 5 6 7 8 9 10 11 1

500 

0

Altitude (feet) 

3500 3000 2500 2000 1500 1000 

Yellow Green Zone Zone 

Red 

Zone 

Altitude (miles) 

Downwind distance from fire (miles) 

Green Zone 

Yellow Zone 

1 Red Zone 0 1 2 3 

Figure 2. Example of Zones for an In Situ Burn Over Land or on Water Within 3 Miles of Shore ALOFT-FT model projection for a burn of 5,000 square feet of oil in Cook Inlet during the summ

PM2.5 concentrations (mi

 200 
24 

Intentionally 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 2008
3. Safe Distance 

26 Revision 1-August 2008

Intentionally blank (color figure on front) 
27 

Figure 4. Example of Zones for an In Situ Burn on Water at least 3 miles from Shore ALOFT-FT model projection for a burn of 5,000 square feet of oil in Cook Inlet during the summ

3000 2500 2000 1500 1000 

500 

0 

Altitude (feet) 

1 2 3 4 5 6 7 8 9 10 11 12 

Downwind distance from fire (miles) 

Red 

Zone 

Green Zone 

PM2.5 concentrations (micrograms per cubic meter) 

 200 150 100 65

Altitude (miles) 

Downwind distance from fire (miles) 

Red 

Zone 1 Green Zone 

0 

1 2 3 4 
28 Rev

Intentionally blank (color figure on front) 
3. Safe Distance 

Authorization in Cook Inlet and on the North Slope 

Table 5 summarizes the results of computer modeling 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 PM2.5 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. 

PM2.5 National Ambient Air Quality Standard 

The PM2.5 safe distance criteria in these guidelines were 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 μg/m3 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 monitoring (in accordance with the SMART protocols) 

must be conducted during the burn operation whenever 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 quality standards for particulate matter now include 

the standard of 35 micrograms per cubic meter 24-hour average concentration measured in the 

ambient air as PM2.5. The PM2.5 24-hour standard is met when the 3-year average of the annual 

98th percentile concentration values of measurements over 24-hour periods at monitoring sites is 

less than or equal to 35 micrograms per cubic meter. 

 

29 Revision 1-August 2008
Table 5 

ALOFT-FT Predictions of Downwind Safe Distances for Ground-Level PM2.5

Concentrations of 65 Micrograms per Cubic Meter over Flat Terrain. 

Simulations are based on atmospheric 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. 

Consideration 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 yellow zone, populated areas may not become exposed to 

smoke for very long if the smoke plume 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 PM2.5 concentration equals 

35 micrograms per cubic meter, the plume’s short duration there brings the 1-hour average 

exposure well below 35 micrograms per cubic meter. 

30 Revision 1-August 2008
3. Safe Distance

Conditions of Authorization 

An authorization to conduct an in situ 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 proximity to any of the three safe distance 

zones. 

4. Other conditions, as needed, to protect human health as imposed by the FOSC/SOSC. 

5. Air monitoring (in accordance with the SMART 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 representative(s) on the in situ burn monitoring team. 

Notification System 

The notification system is in place for the possibility that the modeled in situ burn smoke plume 

does not dissipate as expected. Four warning levels are to be used which correspond to the air 

quality standards listed in Table 7 below. Methods for notifying populated areas may include, but 

are not limited to: radio and television broadcasts; aircraft 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 sheltering 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, pump station and/or highway camp personnel). 

Notification 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 FOSC/SOSC will implement Level 1 notification upon 

their discretion, or when modeled air emission patterns indicate a particulate matter level greater 

than state air quality alert/warning levels. 

Level 2, alert notification, is public notification/warning involving 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 PM2.5 concentration is anticipated to exceed 35 micrograms per cubic 

meter 1-hour average in a populated area. The FOSC/SOSC will implement Level 2 notification 

upon their discretion, or when modeled 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 2008
32 Revision 1-August 2008

discretion, or when modeled air emission patterns indicate 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 notification 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 evacuation 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. 

Post-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 this section provides background information in 

support of Part 3 of the Application and Burn Plan and Step 3 of the FOSC/SOSC Review 

Checklist. In Step 3, the FOSC/SOSC determine whether the burn may be conducted at a safe 

distance from populated areas. Information on environmental considerations in this section 

supports of Step 4 of the FOSC/SOSC Review Checklist. 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. 

Public Health Considerations 

Smoke from in situ burns contains chemicals 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 2008
4. 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 

PM2.5 (μg/m3) 15 *35 — — — 

PM10 (μg/m3) 50 150 — — — 

CO (μg/m3) — — 10 — 40 

SO2 (μg/m3) 80 365 — 1,300 — 

NO2 (μg/m3) 100 — — — — 

OSHA Permissible Exposure Limits 

Total particulates (mg/m3) — — 15 — — 

Respirable particulates 

(mg/m3

) 

— — 5 — — 

CO (ppm) — — 50 — — 

**SO2 (ppm) — — 5 — — 

***NO2 (ppm) — — 5 — — 

CO2 (ppm) — — 5,000 — — 

PAH (mg/m3) — — 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 PM2.5 and 65 μg/m3 for public health and safety requirements. In 2006, the standard 

was revised to 35 μg/m3

. These guidelines are consistent with the revised national air quality 

standard. However, air monitoring (in accordance 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 (SO2) for 3-hour average at 0.5 ppm or 1,300 

μg/m3

. 

***The OSHA PEL of 5 ppm for nitrogen oxide (NO2) should not be exceeded at anytime. 

 
4. Pu

Table 7 

Air Quality Index Values and Associated Health Effects. 

Index Air Quality Level 

(Public 

Notification 

Level) 

Pollutant Levels 

Health Effect General H

Value PM2.5 

(24-hour) 

μg/m3

PM10

(24-hour)

μg/m3

SO2

(24-hour)

μg/m3

CO 

(8-hour) 

ppm

O3

(1-hour) 

ppm

NO2

(1-hour) 

ppm

Descriptor Effec

500 Significant Harm 280 600 2620 50 0.6 2.0 400 Emergency 

(Level 4) 

210 500 2100 40 0.5 1.6 

300 Warning 

(Level 3) 

140 420 1600 30 0.4 1.2 

200 Alert 

(Level 2) 

55 350 800 15 0.2 0.6 

100 cNAAQS 

(Level 1) 

35 150 365 9 0.12 a 

50 50 % of NAAQS 15 50 80b 4.5 0.06 a 

0 0 0 0 0 0 a 

a No index values reported at concentration levels below those specified by “Alert Level” criteria. b Annual primary NAAQS. c General Notification 

Source: Centers for Disease Control 

Premature death elderly. Healthy experience advesymptoms that anormal activity. Premature onsediseases in addisignificant aggrasymptoms and dexercise toleranhealthy personsSignificant aggrasymptoms and dexercise toleranpersons with headisease, with widsymptoms in the population. 

Mild aggravatiosymptoms in supersons, with irsymptoms in thpopulation. 

Hazardous 

Very 

Unhealthy

Unhealthy 

Moderate 

Good 

PM2.5 pollutant levels are pending with EPA. Proposed AQI revision as of April 2008 

35 
4. 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 lungs. Particulates larger than 10 microns in 

diameter settle 1 foot in less than a minute in still 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 particulates travel farther from the burn site before 

they settle out of the air (Shigenaka and Barnea 1993). 

Particulates 5 to 10 microns in diameter may 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 reach the sensitive alveolar portion of the lungs. 

Clearance of particulates reaching this part of the 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 particulates only becomes a concern at high 

concentrations. Inhaling high doses of particulates 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 concern at much lower concentrations. 

Several experiments found high particulate concentrations 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 PM10 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 Alaska 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 hydrocarbons (PAHs) are 

found in oil and oil smoke. Some PAHs are known 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 combustion. 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 2008
4. 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 cancer 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 PAHs 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 emitted during a burn do not pose a threat to 

human health, because the concentrations in the smoke 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 were present within about 50 to 100 meters of 

experimental fires (Fingas et al., 2000). However, 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 volatile organic compounds than other remedial actions 

(Westphal et al. 1994). 

Carbon monoxide is a common by-product of incomplete 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 (Ferek et al. 1992). Measurements from other 

experiments show that at ground level 30 meters downwind of an in situ burn, concentrations are 

at or near background levels or are below detection 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 Newfoundland 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 regulatory standards (see Table 6) (S.L. Ross, 1997 and 

Fingas et al., 2001). 

Nitrogen oxides are strong irritants to the eyes and respiratory tract. The maximum concentration 

of nitrogen dioxide found in the plume from the Kuwait oil fires was 0.02 ppm (Ferek et al. 1992), 

well below the annual National Ambient Air Quality 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 2008
4. Public Health and Environment 

Environmental 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 situ burning will be considered on an incidentspecific basis by Federal and State natural resource trustees who have resources affected, or 

potentially affected, by an incident. Those resources include, but are not limited to: migratory 

birds, marine mammals, terrestrial mammals, finfish, 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 resource trustees with responsibility for managing 

public lands will also provide to OSCs, available incident-specific information on people who may 

be using their lands for subsistence, recreation, mineral exploration, research, or other purposes. 

Marine Waters. The following information taken directly from Shigenaka and Barnea (1993) 

provides information for Federal and State natural resource trustees when an in situ burn is being 

considered in marine water. 

Potential ecological impacts of in situ burning 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 laboratory and at limited test burns. 

The surface area affected by in-situ burning is likely 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 residual materials, and possibly some benthic (bottomdwelling) plants and animals. 

Direct Temperature Effects. Burning oil on the surface of the water could adversely affect 

those organisms at or near the interface between 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 microlayer, 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 fish 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 that develop in this layer. Although most studies of the 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 concentrate 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 the phytoplankton below the microlayer. 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 2008
4. Public Health and the Environment 

The microlayer also is a substrate for microorganisms 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 microlayer and the potential impacts to it from burning 

activities have been discussed in a different but related, context of ocean incineration. The Office 

of Technology Assessment (1986) noted in an evaluation of the technique, “given the intermittent 

nature of ocean incineration, the relatively small 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 would 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 temperatures 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 significant. Although analysis of water samples collected 

from the upper 20 cm of the water column immediately following a burn of crude oil yielded 

relatively low concentrations of total petroleum hydrocarbons (1.5 ppm), compounds that have 

low water solubility or that associate with floatable particulate material tend to concentrate at the 

air-water interface (U.S. EPA, 1986). Strand and Andren (1980) noted that aromatic 

hydrocarbons in aerosols originate from combustion associated with human activities, and that 

these compounds accumulate in the surface microlayer until absorption and sedimentation 

remove them. Higher molecular weight aromatic 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 marine 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 components 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, exposures attributable to in-situ burning would likely 

be short-term and might not result in toxicologically-significant exposures. 

39 Revision 1-August 2008
4. Public Health and Environment 

Burn Residue. Both residue that floats and residue that sinks 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 residue 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 general, however, the effects are less severe than 

those from a large, uncontained oil spill, and no specific 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 three aquatic species. Neither the residue nor the oil 

was toxic, and the burn residue was no more toxic than the oil itself (Blenkinsopp et al. 1997). 

Residues of Alaska North Slope crude oil are likely to be sticky semi-solids or non-sticky solids, 

depending on the weathering of the oil and the efficiency of the burn. Sticky residues pose a 

greater potential environmental risk. They may adhere to birds’ 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 resources 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 kilometers of seabed. Local trawl fishermen were 

unwilling to fish in the area for two years after 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 resultant 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 cases, and may not be advisable in other, depending on 

the overall mix of circumstances. 

Pro’s

• In-situ burning has the potential for removing large 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, areas of heavy ice coverage, or in remote or 

inaccessible areas where other countermeasures are not practicable. 

• If properly planned and implemented, in-situ burning may prevent or significantly reduce 

the extent of shoreline impacts, including exposure of sensitive natural, recreational, and 

commercial resources. 

40 Revision 1-August 2008
4. Public Health and the Environment 

• Burning rapidly removes oil from the environment, particularly when compared to 

shoreline cleanup activities that may take months or even years. 

• In-situ burning has the additional attraction of moving products of combustion into the 

atmosphere, where they are dispersed relatively quickly. 

Con’s

• In situ burning, when employed in its simplest form, generates a highly-visible black 

smoke plume that may adversely affect human and other exposed populations 

downwind. 

• Burn residues, though normally a small fraction 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 temperature elevations at the water body surface. 

While these could be expected to occur over a relatively 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 for 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 information for Federal and State natural resource 

trustees when an in situ burn is being considered in inland and/or upland areas. The information 

summarizes the results of a study, where the primary 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 gathered 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 conducted for the same reasons as in situ burning; fire 

can be less damaging, more effective, and less costly than chemical and intrusive, mechanical 

methods (Wright and Bailey, 1982). There are many lessons already learned by prescribed fire 

practitioners and fire ecologists which are 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) which 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 World 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; immediate fire effect; plant response to fire; fire 

management considerations; and fire case studies. 

41 Revision 1-August 2008
4. 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 effects (in the absence of oil) are discussed below by 

major vegetation type. 

Trees/forests. Even if they are not killed by fire, trees generally take a long time to recover to pre-fire 

levels of structure and dominance relative to smaller, faster growing shrubs and grasses. Fire may 

wound or scar trees, providing entry points for pathogens (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 types of settings and communities, in situ burning of surface 

vegetation within forested areas may be reasonable. 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 minimal 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 species being very fire tolerant. 

Several highly fire-tolerant species 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 shrub 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 burning 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 months. Many non-native species which occur in 

prairies, pastures, fallow fields, etc., are cool-season grasses, whose growing season may 

correspond or overlap with the typical dormant period 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 species 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 information base concerning 

in situ burning of inland and upland environments is still limited. To help add to this knowledge base, 

42 Revision 1-August 2008
4. 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 available to oil spill responders concerning the potential 

responses of different habitat 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 plant communities described as fire tolerant or 

resistant is largely untested. Due to the complexity 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 valuable knowledge and experience not likely 

possessed by spill responders. 

43 Revision 1-August 2008
4. Public Health and Environment 

44 Revision 1-August 2008

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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 controlled 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. Supplemental Information Document #16: Burning 

as a Response Tool. In Prince William Sound Tanker Oil Discharge Prevention and Contingency 

Plan, Supplemental Information Documents, Edition 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. Wohlgeschaffen. 1997. Evaluation 

of the toxicity of the weathered crude oil used at the Newfoundland Offshore Burn Experiment 

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Oilspill Program (AMOP) Technical Seminar. June 11-13. Vancouver, British Columbia. pp. 

677-684. 

Bronson, M. 1998. In situ burning safe distance predictions with ALOFT-FT model. Prepared by 

EMCON Alaska, Inc., for Alaska Department of Environmental Conservation. 

Buist, I., J. McCourt, and J. Morrison. 1997. Enhancing the in situ burning of five Alaskan oils 

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Buist, I., J. McCourt, K. Karunakaran, C. Gierer, D. Comins, N. Glover, and B. McKenzie. 1996. 

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Buist, I., K. Trudel, J. Morrison, and D. Aurand. 1995a. Laboratory studies of the physical 

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Buist, I., N. Glover, B. McKenzie, and R. Ranger. 1995b. In situ burning of Alaska North Slope 

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Buist, I. 1989. Disposal of spilled Hibernia crude oils and emulsions: In situ burning and the 

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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 

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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. Rasmussen. 1992. Chemical 

composition of emissions from the Kuwait oil fires. Journal of Geophysical Research 97: 14483-

14489. 

Fingas, M., G. Halley, F. Ackerman, N. Vanderkooy, R. Nelson, M. Bissonnette, N. Laroche, 

P. Lambert, P. Jokuty, K. Li, W. Halley, G. Warbanski, 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 Burning: 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. Ackerman, 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. Brown, 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 2008
5. References 

Fischer, W.C., 1992. The Fire Effects Information System Database. U.S. Department of 

Agriculture, Forest Service, Intermountain Research 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-surface 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 the Arctic, Part 3, Technical Documentation. 

Shell Western E&P, Inc.; Sohio Alaska Petroleum 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 Fisheries 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 pathways 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. Walton, and J. Trelles. 1997. Smoke plume trajectory from in situ 

burning of crude oil in Alaska: Field experiments and modeling of complex terrain. U.S. 

Department of Commerce, National Institute of Standards and Technology. January. 127 pages. 

Moller, T.H. 1992. Recent experience of oil sinking. In Proceedings of the Fifteenth Arctic and 

Marine Oilspill Program (AMOP) Technical Seminar. June 10-12, Edmonton, Alberta, pp. 11-14. 

National Oceanic and Atmospheric Administration (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 Committee. 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 Incineration: Its Role in Managing Hazardous 

Waste. Washington, DC: U.S. Government Printing Office, 223 pages. 

47 Revision 1-August 2008
5. References 

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 Atmospheric 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. Polyaromatic hydrocarbons in aerosols over Lake 

Michigan, fluxes to the lake. In Polynuclear Aromatic Hydrocarbons: 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 composition of residues. In Proceedings of the Nineteenth 

Arctic and Marine Oilspill Program (AMOP) Technical 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. Environmental 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, Vancouver, 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. Washington, 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, estimated 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 burning? _________________________________ yes no 

Have you evaluated dispersants? yes no 

Will you use dispersants in conjunction with 

in situ burning? yes no 

Why is in situ burning 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 Hours: ____________________________ 

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 separate simultaneous burns? 

 ________________________________________________ 

Are you planning sequential or repeat (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.: 

Part 3 

9 Attach 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: 

Location __________________________________________ 

Distance from Burn (miles) _________________________ 

2. Ignitable slicks: 

Location __________________________________________ 

Distance from Burn (miles) _________________________ 

3. Nearest Land (burns on water) or 

Non-Flat Terrain (burns on land): 

Location __________________________________________ 

Distance from burn (miles) _________________________ 

Nearby Populated Areas (i.e., one or more non-spill-related people 

present): 

Location ________________________________ 

Distance from Burn (miles) _______________ 

Location __________________________________________ 

Distance from Burn (miles) _________________________ 

Location __________________________________________ 

Distance from Burn (miles) _________________________ 

For Inland Burns consider 

• Ignitable vegetation 

• Structures/buildings 

• Areas 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 impacting populated areas, provide an air 

monitoring plan in accordance with the SMART protocols. 

7. Identify whether any Class 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 (secondary) fires (e.g., structures/buildings and/or vegetation). 

 ________________________________________________ 

 ________________________________________________ 

Will the burn affect visibility at downwind 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 notify 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 considering 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 towing 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 areas 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 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, fishing, hunting, berry picking, boating, backpacking, or conducting 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 assisting with, public notifications? yes no 

On water more than 3 miles from shore, the Green Zone 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 downwind 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 burn. Burns within 1 mile of populated areas may be 

authorized if the potentially-impacted population can be sheltered in place or evacuated during the burn, 

and if best professional judgment supports the expectation of PM2.5 less than 65 micrograms per cubic 

meter 1-hour average in populated areas. If these conditions 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 PM2.5 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 general notification in the Green Zone? yes no 

Is it possible to implement a Level 2 alert 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 no
55 Revision 1-August 2008

STEP 4: Determine whether environmental and other considerations will be adequately 

addressed. 

Have potentially-affected natural resources and historic properties 

been identified and adequately addressed? yes no 

If no, document rationale in decision memo. 

Have potentially-affected other considerations (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 

Concurrence Required: 

3⁄4 EPA (FOSC or EPA ARRT representative) yes no conditional 

3⁄4 State (SOSC in Unified Command) yes no conditional 

Consultation 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 

Other Consultations with Representatives of Potentially Affected Stakeholders: 

• Other State and/or Federal natural resource trustees 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 Advisory 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 critical habitat, DOI-Fish and Wildlife Service* 

 and/or National Marine Fisheries Service ESA Specialists* 

 

• For a burn that may affect historic properties, 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 conditional 
APPENDIX 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 limited 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: ______________________________________________________ 

Conditions: 

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 areas 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 the potential to impact populated areas: 

 

Signature of Federal On-Scene Printed Name 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. 

45o

Yellow Zone 

45o

Red Zone

1 mile 

Green Zone 

3 miles 

1 mile 

Green Zone 

Red Zone
APPENDIX 2: 

FOSC/SOSC REVIEW CHECKLIST 

In Situ Burning Guidelines for Alaska

 58 Revision 1-August 2008

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59 Revision 1-August 2008

APPENDIX 3: SAMPLE UNIFIED COMMAND 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 situ 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

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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.” They include one national park and preserve managed 

by the U.S. Department of the Interior-National 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 visual 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

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Appendix 5: Air Quality Monitoring Equipment in Alaska

Monitor 

Location 

Monitor Measurement 

Capability 

Stationary or 

Portable 

Continuous 

or Manual 

Agency Owner 

Fairbanks PM-10, PM-2.5 S C/M Alaska Department of 

Environmental Conservation 

Anchorage PM-10, PM-2.5 S C/M Juneau PM-10, PM-2.5 S C/M Butte PM-10, PM-2.5 S C/M *Wasilla PM-10, PM-2.5 S C/M *Palmer PM-10, PM-2.5 S C/M *Soldotna PM-10, PM-2.5 S C/M Anchorage PM-2.5 (2 EBAMs) P C Anchorage PM-2.5 (2 EBAMs) P C Department of the Interior- Fish 

and Wildlife Service 

Tuxedni Bay PM-10, aerosols (IMPROVE) S M Sand Point PM-10, aerosols (IMPROVE) S M Denali National Park 

Department of the Interior-Nation

Park Service 

PM-10, aerosols (IMPROVE) S M 

Trapper Creek PM-10, aerosols (IMPROVE) S M *Bettles PM-10, aerosols (IMPROVE) S M 

Department of the Interior-Burea

of Land Management 

Fairbanks PM-2.5 (2 EBAMs) P C/M 

Petersburg PM-10, aerosols S U.S. Forest Service Anchorage PM-2.5 (2 DataRAMs) P M Environmental Protection AgencAnchorage PM-.1-10 (2 PDR 1000s) P M 

VOC, O2, CO2, LEL (3 Area RAEs) Anchorage P C/M 

*These sites are due online in 2008. Note: “Continuous” monitors run 24 hours a day, 7 days a week and an operator does not have to be present for the sampler to run

63 
 64 

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 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 dangerous 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 burning in light fuels may quickly develop high intensity 

characteristics such as long-distance spotting and fire whirlwinds when they burn into heavier fuels. 

All 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 attacked 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 cured grasslands will burn briskly and spread rapidly on 

windy days. Timber fires spread slowly to moderately 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 although 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 smoldering, and burn in irregular fingers. There is little 

danger of spotting. 

 Source: U.S. Forest Service – Wildland Fire Assessment System 
 66 Revision 1-August 2008

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