# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50 AIR QUALITY CONTROL
Public Comment Draft
March 2 , 201 2
Comment Period Ends April 10 , 201 2 , 5:00 p.m.

Sean Parnell Governor Larry Hartig Commissioner

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# 2 18 AAC 50.010(5) is amended to read:

(5) for oxides of nitrogen, measured as nitrogen dioxide: (A) annual average [ARITHMETIC MEAN] nitrogen dioxide
concentration of 100 micrograms per cubic meter ; with this standard being attained when the average of the one - hour nitroge n dioxide concentration s in a calendar year is less than or equal to 100 micrograms per cubic meter , as determined in accordance with 40 C.F.R. Part 50, Appendix S, adopted by reference in 18 AAC 50.035(b) ; (B) one - hour average nitrogen dioxide concentration of 188 micrograms per cubic meter , with this standard being attained when the three

- year average of the annual , 98 th 

# percentile , daily maximum , one - hour nitrogen dioxide concentration is less than or equal t o 188 micrograms per cubic meter , as determined in accordance with 40 C.F.R. Part 50, Appendix S, adopted by reference in 18 AAC 50.035(b) ; ( Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 4/1/2010, Register 193; am 9/17/2011, Register 199 ; am ___/___/___, Register ___ ) Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.010

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# 3 18 AAC 50.020 , Table 2 is amended to read:
Table 2.
Baseline Areas and Dates

Baseline Area [AIR QUALITY CONTROL REGION] Air Pollutant Minor Source Baseline Date

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

Sulfur dioxide October 12, 1979

PM

- 10 March 20, 1982

PM
- 2.5 To be established per 40 C.F.R.

52.21(b)(14) (ii) , adopted by reference in 18 AAC 50.040(h).

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

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# 4 Sulfur dioxide June 1, 1979

PM

- 10 November 13, 1978

PM
- 2.5 To be established per 40 C.F.R.

52.21(b)(14) (ii) , adopted by reference in 18 AAC 50.040(h).

South Central Alaska

Intra state Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 26, 1979

PM

- 10 October 26, 1979

PM
- 2.5 To be established per 40 C.F.R.

52.21(b)(14) (ii) , adopted by reference in 18 AAC 50.040(h).

Southeast Alaska Intra

state Air Quality Control Region Nitrogen dioxide February 8, 1988

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# 5 Sulfur dioxide November 10, 1986

PM

- 10 To be established per 40 C.F.R.

52.21(b)(14) (ii) , adopted by reference in 18 AAC 50.040(h). [ T HE 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.]

PM
- 2.5 To be established per 40 C.F.R.

52.21(b)(14) (ii) , adopted by reference in 18 AAC 50.040(h).



# ...

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# 6 18 AAC 50.020(b) is amended to read: (b) To establish standards for the prevention of significant deterioration of air quality, (1) minor source baseline dates for determining the ambient concentration of certain air pollutants are established for each baseline area [AIR QUALITY CONTROL
REGIO N] 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 peri od 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 ; and [.]

(5) no concentration shall exceed the ambient air quality standard described
in 18 AAC 50.010 for that pollutant
.



# ...
Table 3 of 18 AAC 50.020 is amended to read:
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)

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# 7 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

PM
- 2.5:
Annual arithmetic mean
........................ 24

- hour maximum
................................ .. .................. 1

.................. 2

CLASS II PM

- 10:

Annual arithmetic mean

........................... 24

- hour maximum

................................ .... ................. 17

................. 30

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# 8 Sulfur dioxide:
Annual arithmetic mean

........................... 24

- hour maximum

................................ .... 3

- hour maximum

................................ ...... ................. 20

................. 91

................ 512

Nitrogen dioxide:
Annual arithmetic mean

........................... ................. 25

PM
- 2.5:
Annual arithmetic mean
........................ 24

- hour maximum
................................ .. .................. 4

.................. 9

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

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# 9 Nitrogen dioxide:
Annual arithmetic mean

........................... ................. 50

PM
- 2.5:
Annual arithmetic mean
........................ 24

- hour maximum
................................ .. .................. 8

................. 18



# ... 18 AAC 50.020(e) is amended to read:

( e ) F or purposes of this section , the baseline concentration s within a baseline

area are determined according to the prov isions in 40 C.F.R. 52.21 ( b) (13) , adopted by
reference in 18 AAC 50.040 (h)
. [ FOR PURPOSES OF THIS SECTION, THE BASELINE
CONCENTRATION OF AN AIR POLLUTANT IS DETERMINED AS FOLLOWS:

(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
EMIS SIONS OF A PSD MAJOR STATIONARY SOURCE FOR WHI CH CONSTRUCTION
COMMENCED BE FORE JANUARY 6, 1975, BUT THAT WAS NOT IN OPERA TION BY
THE BASE LINE DATE; HOWEVER, THE BASELINE CONCENTRATION DOES NOT
INCLUDE ACTUAL EMIS SIONS FROM A PSD MAJOR STATIONARY SOURCE OR A
PSD MAJOR MODIFICATION FOR WHICH CONSTRU CTION COMMENCED ON OR
AFTER JANUARY 6, 1975; AND

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# 10 (2) FOR NITROGEN DIOXIDE, THE BASELINE CONCENTRATION IS THE
AMBIENT CONCEN TRA TION OF THE AIR POLLUTANT ON THE APPLI CABLE
BASELINE DATE, PLUS THE CONTRIBUTION FROM ALLOWABLE EMIS SIONS OF A
PSD MAJOR STA TIONARY SOURCE FOR WHICH CON STRUC TION COMMENCED
BEFORE FEBRUARY 8, 1988, BUT THAT WAS NOT IN OPERATION BY THE BASELINE
DATE. ]



# ... 18 AAC 50.020 is amended by adding a new paragraph to read: (g) For purposes of this section, the baseline area means every part of an “air quality control region” described in 18 AAC 50.015 designated as attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: equal to or greater than 1 microgram per cubic meter (annual average) for sulfur dioxide, nitrogen dioxide, or PM

- 10; or equ al to or greater than 0.3 micrograms per cubic meter (annual average) for PM

- 2.5. The baseline areas established as of {adoption date of the regulations} are listed in Table 2 of this section

. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/ 1/2004, Register 171; am 7/25/2008, Register 187 ; am ___/___/___, Register ___ ) Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

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# 11 The lead

- in language of 18 AAC 50.030 is amended to read: 18 AAC 50.030. State air quality plan. Volumes II and III of the State Air Quality
Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, as amended through {adoption date of the regulations} [JULY 13, 2011 ] , are adopted by reference. The plan includes the f

ollowing documents which are also adopted by reference : (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; am 1/1/2000, Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register
161; am 3/27 /2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2004, Register 171; am 12/14/2006, Register 180; am 12/30/2007, Register 184; am 5/17/2008, Register 186; am 7/25/2008, Register 187; am
11/9/20 08, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/1/2010, Register 193; am 10/29/2010, Register 196; am 4/13/2011, Register 198; am 9/17/2011, Register
199 ; am ___/___/___, Register ___ ) Authority: AS 46.03.020 AS 46.14.030 Se c. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140

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

(1) 40 C.F.R. Part 50, Appendices A, D, F, G, J, K, L, N, P, Q, R, S, and T; (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; am 4/1/2010, Register 193; am 9/17/2011, Register 199 ; am ___/___/___, Register ___ )

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# 12 Authori ty: 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

The lead

- in language of 18 AAC 50.040( h ) is amended to read: ( h ) The following provisions of 40 C.F.R. Part 51.166 (Prevention of Significant
Deteriorati on of Air Quality) and 40 C.F.R. 52 ( Approval and Promulgation of Implementation
Plans ) , as revised as of July 1, 201 1 [ A UGUST 2 , 20 10 ] , are adopted by reference:



# ... 18 AAC 50.040(h) (4) is amended by adding a new paragraph to read:

( D ) 40 C.F.R. 52.21(b)( 15) (“baseline area”) is not adopted, and the term defined in that provision has the meaning given in 18 AAC 50.020(g).



# ... 18 AAC 50.040(h)(5) is repealed:

(5) repealed __/__/____ [ 40 C.F.R. 52.21(d) (Ambient Air Ceilings) ] ; (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; am 12/9/ 2010, Register 196 ; am ___/___/___, Register ___ ) Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

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# 13 18 AAC 50. 215 ( b ) (2) is amended to read :

( 2 ) for comparing predicted or measured ambient concentrations of an air pollutant to a maximum allowable increase established under 18 AAC 50.020 [18 AAC 50.020(B)(2)] , exclude

(A) concentrations attributable to a temporary construction activity for a
new or mod ified source: and

(B) the [INCREASE IN] concentrations described under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC 50.040 (h) [ATTRIBUTABLE TO NEW
SOURCES OUTSIDE THE UNITED STATES OVER THE CONCENTRATIONS
ATTRIBUTABLE TO EXISTING SOURCES INCLUD ED IN THE BASELINE
CONCENTRATION ]

.



# ...
The lead

- in language of 18 AAC 50.215(d) and Table 5 are amended to read: (d) Table 5 establishes the significant impact level (SIL) , expressed as micrograms per cubic meter, for each pollutant and averaging period

. 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 inc rease for a Class II area. The comparison of a modeled impact to the SIL shall be conducted as follows:

(1) for the 24

- hour PM
- 2.5 SIL , the annual average PM
- 2.5 SIL, the 1

- hour nitrogen dioxide SIL, or the 1

- hour sulfur dioxide SIL,

(A) compare the highest modeled concentration when using either 1

- year of meteorological data or screening meteorological data; or

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# 14 (B) the highest multi

- year average concentration when using a multi

year meteorological data set; and (2) for all other pollutants and averaging periods, use the highest modeled
concentration.
Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic meter) Averaging Period

Annual 24

- hours 8

- hours 3

- hours 1

- hour

Sulfur dioxide 1.0 5 N/A 25 8

PM

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

PM

- 2.5 0.3 1.2 N/A N/A N/A Nitrogen
dioxide 1.0 N/A N/A N/A 8 [ 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.



# ...
18 AAC 50.215 is amended by adding the following editor’s note:
Editor's note : The Class I SIL s for PM

- 2.5 are in 40 C.F.R. 52.21 (k)(2), adopted by reference in 18 AAC 50.040(h)

. T here are no Class I SILs for any other air pollutant as of {adoption date of the regulations}

.

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# 15 (E ff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 4/1/2010, Register 193; am 10/29/2010, Register 196 ; 9/17/2011, Register 199 ; am ___/___/___, Register ___ ) 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. 3 0 6(b ) (1)(C) is amended to read :

( C ) the term “ambient air increment” or “maximum allowable increase” means a maximum allowable increase set out in Table 3 in 18 AAC 50.020(b) , calculated as
described in 18 AAC 50.020 ;



# ...
18 AAC 50. 3 0 6(b ) (2) is amended to read:

( 2 ) exclusions from increment consumption apply to the maximum extent
allowed under 18 AAC 50.215(b)(2) [40 C.F.R. 51.166(F), ADOPTED BY REFERENCE IN
18 AAC 50.040 ]; (Eff.10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am ___/___/___, 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

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# 16 18 AAC 50.502(c) (1) is amended to read:

(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 carbon
monoxide nonattainment area; or

(F) 10 TPY of direct PM

- 2.5 emissions ; or



# ...
18 AAC 50.502(c) (3) is amended to read:

(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 in crease 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] (iv) 100 TPY of carbon monoxid e for a stationary source within
10 kilometers of a carbon monoxide nonattainment area; or

(v) 10 TPY of direct PM

- 2.5 emissions ; or

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# 17 (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 carbon monoxide nonattainment area ; or [. ]

(v) 10 TPY of direct PM

- 2.5 emissions
.



# ...
18 AAC 50.502 is amended by adding a new subsection to read: (i) For the purposes of this section, fugitive emissions shall not be included for determining if a minor permit is required, unless the source belongs to any of the stationary source categories li sted in 40 C.F.R. Part 5 1.165(a)(1)(iv)(C) , adopted by reference in 1 8 AAC 50.040(i )

. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am ___/___/___, Register ___ ) Authority: AS 46.03.0 20 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 50.540(c)(2)(B) is amended to read:

(B) sulfur dioxide, PM
- 2.5 [PM

- 10] , and nitrogen dioxide for a portable
oil and gas operation;



# ...

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# 18 18 AAC 50.540(d) is amended to read: (d) Carbon monoxide source or modification. For construction that would increase carbon monoxide emissions by 100 TPY or more within 10 kilometers of a carbon monoxide 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 viol ation of the ambient air quality standards [ STANDARD ] for carbon monoxide. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 12/9/2010, Register 196 ; am ___/___ /___, 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

18 AAC 50.542(c)(2) is amended to read:

(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 ba ckground contributions,
does not exceed 50 percent of the ambient standard for PM

- 2.5, 67 percent [ 2 /3 ] of
the [ EACH] ambient standard for PM

- 10, or 80 percent of the [EACH] ambient standard for sulfur dioxide or nitrogen oxides;

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# 19 (B) for a modification, the predicted concentration resulting from the proposal [INCREASE] is less than the significant impact level [LEVELS] in Table 5 of 18 AAC 50.215(d) ; [OR]

(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 analysi s plus the highest predicted ambient air concentration resulting from the increase is less than the concentration described in (A) of this paragraph [.] ; or

(D) for a modification, if the owner or operator has completed a previous ambient analysis that a dequately 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 previous background concentration plus the highest predicted ambient air concentra tion resulting from
the increase is less than the ambient air quality standard in 18 AAC 50.010

. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am ___/___/___, 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 46.14.200

# Alaska Department of Environmental Conservation

Amendments to: State Air Quality Control Plan
Vol. II: Analysis of Problems, Control Actions Section II: Air Quality Control Program

Public Review Draft March 2, 2012

Sean Parnell Governor Larry Hartig C ommissioner

# Public Review Draft March 2, 2012

This page serves as a pl aceholder for two

- sided copying.

# Public Review Draft March 2, 2012

II

- 1 Volume II, Section II is amended as follows:
Section II STATE AIR QUALITY CONTROL PROGRAM The Department of Environmental Conservation (ADEC) administers the state air quality control program in Alaska and is the primary agency responsible for implementing the state air quality control plan. Portions of the control plan make up Alaska’s State Implementation Plan (SIP) and address the requirements of the Clean Air Act Amendments (CAA) of 1990 and subsequent requirements set out by the U.S. Environmental Protection Agency (EPA). Each time EPA approves an amendment to the state’s control plan tho se amendments become a part of the federally required and approved SIP. Other portions of the control plan are state requirements that may be pending approval by EPA or cover control measures that are not required by EPA. The air quality control plan, in cluding the SIP, has been adopted by reference into Title 18, Chapter 50 of the Alaska Administrative Code . ADEC is responsible for establishing the air quality standards throughout the state, and ensuring that regulations are enforced statewide to maintai n ambient air quality standards.
The Fairbanks North Star Borough (FNSB) and the Municipality of Anchorage (MOA) both operate local air quality control programs in their respective jurisdictions. Their local programs concentrate on ambient air monitori ng, enforcement of visible emission and dust control regulations, and local control measures to reduce motor vehicle carbon monoxide emissions. In ad dition, the interjurisdictional Southcentral Clean Air Authority has been established to aid the MOA and t he Matanuska

- Susitna Borough in pursuing joint efforts to control emissions and improve air quality in the air shed common to the two jurisdictions. As a matter of policy, ADEC encourages the development of strong local air quality control programs. ADEC provides technical assistance to ensure that air quality objectives are satisfactorily carried out. The legal authority for establishing local air pollution control programs is found in Alaska Statute (AS) 46.14.400

— Local Air Quality Control Programs.



# Department of Environmental Conservation
ADEC’s Division of Air Quality works to protect the public from the adverse health effects of air pollution and is divided into three programs: Air Permits Program ; Air Non

Point & Mobile Source Program ; and Monito ring & Quality Assurance Program.

# Public Review Draft March 2, 2012

II

- 2 The Air Permits P rogram issues both construction and operating permits from offices in Anchorage , Fairbanks, and Juneau. T he Air Permits P rogram also focuses on compliance assurance with an enforcement program and a regulation devel opment team

.
The Air Non

- Point & Mobile Source P rogram consists of two sections: mobile sources and area source pollutants. The mobile sources section is centered in Anchorage, with staff also located in Fairbanks. The mobile sources s ection is responsible for implementation of mobile source air pollution programs such as the Inspection and Maintenance (I/M) program and low

- sulfur diesel requirements. The area source pollutants group is centered in Juneau , with staff also located in Fa irbanks, and is responsible for development of the State Air Quality Control Plan, the state implementation plan (SIP), and air quality regulations such as I/M and conformity regulations.

The Monitoring and Quality A ssurance Program is centered in Anch orage , with staff also in Juneau and is responsible for air monitoring projects that measure the actual concentrations of carbon monoxide, particulate matter, sulfur dioxide, nitrogen oxides, ozone, lead, or other meteorological parameters. The monitoring program’s Juneau laboratory assists in operation and maintenance of a statewide monitoring network and assists in special monitoring projects.
AS 44.46.020, 46.03.020, 46.03.024, 46.03.760, 46.03.765, 46.03.780, 46.03.790, and AS 46.14 .010 through 46.14 .990 provide ADEC’s legal authority (copies are in the appendi x to Section II ). In 1972, the State of Alaska Department of Law determined that AS 46.03 contained the necessary legal authorities as required by the Clean Air Act to carry out the statewide air quality control plan. This legal opinion, found in the appendix to section II , identifies the prerequisite legal authorities for the state's air quality control program. It also covers the six basic legal requirements identified in 40 C.F.R. Part 51.11(a) in 1972. (Note: in 1986, the legal requirements were moved to 40 C.F.R. Sec tion 51.230.)
ADEC's Air Quality Control regulations, 18 AAC 50, are located in the appendix to Section II. Amendments adopted in 1982 allowed assumption of the Prevention of Significant Deterioration ( PSD ) program, New Source Performance Standards revie w for six sources, and other activities. Amendments adopted in 1983 created administrative procedures to maintain ambient air quality standards in locations where emissions from residential wood burning activities threaten public health and modified open burning regulations.

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II

- 3 ADEC is required to submit a written SIP amendment to EPA in order to meet the basic requirements of CAA section 110 (a) (2)(A)

- (M), also known as the “infrastructure” elements, within three years after promulgation of any new or revised National Ambient Air Quality Standard (NAAQS). The written SIP amendment must demonstrate that ADEC has the statutory and regulato ry authorities to implement the CAA “infrastructure” elements for each new or revised NAAQS adopted by the State of Alaska. ADEC’s SIP certification documentation , demonstrating that Alaska complies with the CAA section 110 “infrastructure” elements , are found within Volume III of Alaska’s SIP; the appendix to Volume II, Section II.
In 1987, the department amended regulations that control the height of stacks and the use of dispersion techniques. In 1988, the department amended fugitive emission accou nting procedures for determining permit applicability, and asphalt plant emission standards. In 1991, ADEC adopted an ambient air quality standard for ammonia. In a separate 1991 amendment package, further amendments accomplished the following:

• establ ished an ambient air quality standard for particulate matter smaller than 10 microns (PM 10 

# );

• set an upper boundary for any increases of nitrogen dioxide emissions;

• reduced the visible emission standard for marine vessels from 40 to 20 percent opacity;

• revised the criteria for owners of incinerators to obtain an operating permit;

• established a new permit procedure for facilities in Anchorage and Fairbanks;

• established a new air episode category called "air quality advisory"; and

• restricted wood stove operation during an air quality advisory and an air emergency. The 1991 package also included amendments to reduce PM 10 

# levels in Eagle River and in the Mendenhall Valley. Those amendments include a public notice and 30

- day comment period for all new air quality control permits; and clarify certain permit requirements and procedures, especially issues pertaining to the definition and application of "actual" and "allowable" emissions.
In 1994, the department amended the Air Quality Control reg ulations (18 AAC 50) to address New Source Review and Conformity requirements. In 1998, the Transportation Conformity requirements were updated . In 2004, 18 AAC 50 was updated to identify Anchorage’s and Fairbanks’ re

- designations as maintenance areas.
The department’s Emissions Inspection and Maintenance Requirements for Motor Vehicles (18 AAC 52), initially adopted in 1985, were amended twice in 1994, once to

# Public Review Draft March 2, 2012

II

- 4 establish an I/M program for vehicles used to commute into the MOA, and again in response to f ederal I/M regulations dated November 1992. In 1996, the regulations were amended to change the implementation schedule from an annual to a biennial inspection frequency. In 1999, DEC amended Chapter 52 to incorporate a switch from BAR

- 90 to the Alaska2000 Emissions Inspection System. In 2000, an amendment changed the start date of the OBDII testing requirement from January 1, 2001 to July 1, 2001

. In 2009 , some minor changes were made to 18 AAC 52 to add flexibility fo r enforcement options and to recogni ze improved performance of new vehicles through a multi

- year exemption period prior to inclusion in the program. A copy of 18 AAC 52, as amended through November 4 th 

# , 2009 , is contained in Volume III, in the Appendix to Section III.A.
State oxygenated fuel regulations are contained in 18 AAC 53. These regulations were initially adopted in 1992. These regulations require d the sale of oxygenated fuels in the MOA during the control period of November 1 to March 1 from 1995 until 2004 when the MOA was re

- designated from nonattainment to attainment

. In 2000, DEC amended Chapter 53 to change the per

- gallon CAR fee amount and in 2004 amended it to suspend the required use of gasoline containing 10% ethanol during the winter months. The amendments clarifie d the procedure for reestablishing blended gasoline should there be a violation of the carbon monoxide (CO) standard in the future. The use of ethanol containing gasoline has been effective for reducing tailpipe carbon monoxide emissions. However, the tec hnology of newer vehicles reduces the emission benefits associated with this control program. Consequently as new cars replace older cars this strategy provides diminished air quality returns. It is also no longer necessary for meeting clean air standard s in Anchorage. The amendments inserted language that defines guidelines for suspension or reestablishment of fuel control periods. A copy of 18 AAC 53, as amended through February 20, 2004, is contained in Volume III in the appendix to III.A.



# Municip ality of Anchorage
The Southcentral Clean Air Authority (SCAA) includes the MOA and the Matanuska

Susitna Borough (Mat

- Su Borough). As a means to address inter

- jurisdictional issues, the MOA and the Mat

- Su Borough may activate the SCAA, as needed.
The Anchorage Air Pollution Control Agency (AAPCA), the air quality section of the Municipal Department of Health and Human Services, confines its control activities to just the MOA. The MOA is also the official Metropolitan Planning Organization (MPO) for Anchorage, and has lead responsibility for the continuing, cooperative and

# Public Review Draft March 2, 2012

II

- 5 comprehensive (3C) transportation planning process throughout the MOA. In Anchorage, the MOA, along with ADEC and the Alaska Department of Transportation and Public Facilities (ADOT/PF), conducts the 3C process through the Anchorage Metropolitan Area Transportation Study (AMATS) planning group. The AMATS group has a key role in the ongoing development of Anchorage's transportation control plan, as described in Section III.B.
The local ordinances establishing a local air program in Anchorage are included in the appendix to Section III.B

. To minimize duplicate efforts and maximize the use of available resources, ADEC and MOA maintain a formal Memorandum of Understanding (MOU) t hat serves as the basis for the division of responsibilities between state and local government for air pollution control within the Municipality of Anchorage
MOA's air pollution control efforts currently involve the AAPCA and the Municipality's Departme nt of Community Planning and Development (DCPD). AAPCA had lead responsibility for developing the transportation control plan described in Section III.B, and is also responsible for conducting the remaining local air pollution control program functions th roughout the MOA. DCPD has lead responsibility within the MOA for coordinating AMATS transportation planning activities, and works closely with AAPCA on all transportation control efforts.



# Fairbanks North Star Borough
The Fairbanks North Star Borough ( FNSB) has operated a local air pollution control program since 1972. The FNSB became an official “small

- urbanized area” in the spring of 2002, when the Census Bureau issued its designations of urbanized areas based on the 2000 population census. With a pop ulation surpassing 50,000, Fairbanks is now required to operate as a Metropolitan Planning Organization. The FNSB Department of Transportation has the responsibility for air pollution control in the borough, including the administration of the Fairbanks I /M Program. The FNSB air ordinances cover the I/M program, open burning, visible emissions from stationary sources, and emergency procedures. These ordinances, which have undergone several minor revisions since 1983, are included in the appendix to Sectio n III.C .9. In 2001, the Borough Assembly approved an ordinance mandating plug

- ins in some parking lots

. This ordinance, No. 2001

- 17, is found in the Appendix to Section III.C.5.
The Fairbanks air pollution control efforts, discussed in detail in Section III.C, concentrate on violations of the carbon monoxide ambient air quality standards. The FNSB has relied on the ADEC to control large stationary emission sources within the

# Public Review Draft March 2, 2012

II

- 6 borough. The division of responsibilities between ADEC and the FNSB is formaliz ed in an MOU , which is reviewed periodically by both parties.
The FNSB, along with ADEC, ADOT/PF and the cities of Fairbanks and North Pole, participates in MPO transportation planning through the Fairbanks Metropolitan Area Transportation Study (FMATS) planning group. The FMATS group is involved in the ongoing development of the transportation control plan for Fairbanks, as described in Section III.C.

# Alaska Department of Environmental Conservation

Amendments to State Air Qua l ity Control Plan Vol. III: Appendices

Public Review Draft
March 2 nd 

# , 2012

Sean Parnell Governor Larry Hartig Commissioner

# The State of Alaska’s State Air Quality Control Plan , Volume III, Appendix to Volume II, Section II of this p lan , is amended by removing the following regulations:
• 18 AAC 50 Air Quality Control as amended through September 17, 2011 ; and replac ing them with the following regulations currently under public review and comment:
• 18 AAC 50 Air Quality Control as amended through { Adoption Date of Regulations }.

The State of Alaska’s State Air Quality Control Plan Volume III , A ppendix to Volume II , Section II of this p lan , is amended by adding the following documents:

• Clean Air Act Section 110 Infrastructure Certification Documentation ;

• Alaska Administrative Code Title 2 - Administration ; Chapter 50 - Alaska Public Offices Commission: Conflict of I nterest, Campaign Disclosure, Legislative Financial Disclosure, and Regulations of Lobbying ; Article 1 – Public Official Financial Disclosure (2 AAC 50.010- 2 AAC 50.200) ; and

• Alaska Administrative Code Title 9 – Law ; Chapter 52 – Executive Branch Code of Ethics (9 AAC 52.010 – 9 AAC 52.990).

# Placeholder for:
ALASKA ADMINISTRATIVE CODE

TITLE 18 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 50. Air Quality Control
as amended through { Adoption Date of Regulations }.

# ALASKA DEPARTMENT OF E NVIRONMENTAL C ONSERVATION

Vol. III: Appendices
C lean Air Act Section 110 Infrastructure Certification Documentation

Public Review Draft March 2, 2012

Sean Parnell Governor Larry Hartig Commissioner

# This page serves as a placeholder for two -sided copying.

# Statement of Purpose By statute, states are required to make State Implementation Plan ( SIP ) submissions to the U.S. Environmental Protection Agency (EPA) to meet the basic requirements of Clean Air Act (CAA) Section ( § ) 110 (a) (1) and (2) within three years after promulgation of any new or revised N ational A mbient A ir Q uality S tandard (NAAQS)

. 1


# , 2 

# The purpose of this document is to demonstrate that th e Alaska Department of Environmental Conservation (DEC) has the statutory and regulatory authority to implement C AA § 110 (a) (2) (A)

- (M) “infrastructure” elements for the following NAAQS:
• 1997 Ozone 8- hour NAAQS ( 62 FR 38856, July 18, 1997); • 1997 PM2.5 3 

# • 2006 PM2.5 annual and 24-hour NAAQS (71 FR 61144 , Oct ober 17, 2006); annual and 24-hour NAAQS (62 FR 38652, July 18, 1997); • 2008 Ozone 8-hour NAAQS (73 FR 16436, March 27, 2008); and • 2008 Lead NAAQS (73 FR 66964, November 12, 2008). By Consent Decree, EPA agreed to make a determination whether or not s tates submitted “Infrastructure SIPs” for the 1997 ozone and 1997 PM2.5 NAAQS by December 15, 2007, and October 15, 2008, respectively. 1 

# EPA issued the State of Alaska findings of failure to submit “Infrastructure SIPs” for the 1997 ozone and 1997 PM2.5 NAAQS by publishing t he following F ederal Implementation P lan (F IP ) notices in the Federal Register :

• “Completeness Findings for CAA 110(a) SIP submittals pertaining to 1997 8 -hour

Ozone NAAQS” issued on March 27, 2008 (7 3 FR 16205 ); and • “Completeness Findings for CAA 110(a) SIP submittals pertaining to 1997 annual &

24-hour PM2.5 NAAQS” issued on October 22, 2008 (73 FR 62902 ).
EPA promulgated new PM2.5, ozone and lead NAAQS in 2006 and 2008 , as referenced above. On April 1 , 2010, DEC adopted the 2006 PM2.5 24-hour and annual NAAQS ; the 2008 ozone 8- hour NAAQS ; and the 2008 lead NAAQS into Alaska Administrative Code (AAC)

. The promulgation of new NAAQS by EPA and the i r subsequent adoption by the State of Alaska superseded the 1997 PM2.5 and 1997 ozone NAAQS ; however, Alaska must still address the FIP notices pertaining to the 1997 NAAQS

. The primary purpose of this document is to satisfy the requirements of CAA § 110 (a) (1) (2) (A)

- (M) by demonstrating DEC’s regulatory and statutory authority to implement the 2008 o zone 8

- hour NAAQS; the 2006 PM2.5 24- hour and annual NAAQS ; and the 2008 lead NAAQS

. By satisfying these CAA requirements, t he State of Alaska is also demonstrating compliance with EPA’s FIP notices for the 1997 PM2.5 and 1997
ozone NAAQS. DEC has prepared the following narrative response to these CAA requirements which outlines both DEC’s statutory and regulatory authority to implement these laws and its ability to carry out these authoriti es via Alaska’s State Implementation Plan (SIP)

.

1 US EPA’s “Guidance on SIP Elements Required Under Sections 110(a) (1) and (2) for the 1997 8

- hour Ozone and

PM2.5 NAAQS”, October 2, 2007; 2 

# US EPA’s “Guidance on SIP Elements Required Under Sections 110(a) (1) and (2) for the 2006 24

- hour PM2.5

NAAQS”, September 25, 2009. 3 

# PM2.5 is defined as particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers.

# DEC’s Statutory & Regulatory Authority The following section provides a brief history and description of DEC’s overall, existing statutory and regulatory authority to implement CAA § 110 (a) (2) (A)

- (M) SIP “infrastructure” elements. DEC and its authority to control air pollution w ere established on July 1, 1971 in the following Alaska Statute s (AS) :

• AS Title 46. Water, Air, Energy, and Environmental Conservation : • Chapter 03. Environmental Conservation (§§ 46.03.010- 46.03.900) ; and • Chapter 14. Air Quality Control (§§ 46.14.010- 46.14.990). In 1972, the State of Alaska Department of Law determined that AS 46.03 contained the necessary legal authorities as required by the C AA to carry out the stat ewide air quality control plan. The State of Alaska’s statutory authority to implement the CAA was described in a legal opinion written by Ralph Stemp, Alaska ’s former Assistant Attorney General, and i s included in the original State of Alaska Air Quality Control Plan ( letter dated February 29, 1972 , SIP Volume II , Appendix, page 44). This legal opinion also identifies the prerequisite legal authorities for the state's air quality control program which address the legal requirements identified in the 40 Code of Federal Regulations ( CFR ), Part 51, Subpar t L (51 FR 40673, Nov. 7, 1986).

D EC’s authority to act on behalf of the State of Alaska in any matter pertaining to the state air quality control plan is exp licitly stated in the following statute:

• AS 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. Within DEC, the Division of Air Quality (DAQ) administers the CAA through regulation and the State of Alaska Air Quality Control Plan . The original plan (contained in Volumes I & II) was federally adopted in April 1972

. 4 

# The original plan summarized the state’s legal authority to control air pollution and included state and local air pollution control strategies, monitoring, and air episode plans for particulate matter, carbon m onoxide and sulfur dioxide. The State of Alaska Air Quality Control Plan has since been revised and is adopted by reference in A laska A dministrative Code (AAC) in Title 18, Ch a pter 50, Section 030 ( 18 AA C 50.030). 5

4 

# State of Alaska Air Quality Control Plan, Volume s I & II, adopted April 21, 1972. 

# The State of Alaska Air Quality Control Plan is a legally enforceable document , enforced by DEC. Portions of this control plan make up Alaska’s State Implementation Plan (SIP) which addresses the requirements of the 1970 Amendments to the C AA ( FR August 14, 1971 ), the CAA Amendments of 1990 and subsequent requirements set out by EPA. Each time EPA approves an amendment to the State of Alaska Air Quality Control Plan , those amendments become a part of the federally enforceable SIP

.

5 

# State of Alaska Air Quality Control Plan, Volumes II & III, as adopted in 18 AAC 50.030.

# Alaska’s statutes give DEC authority to promulgate regulation s for implement ing and enforc ing the CAA and other legislation . These regulations are established within the following chapters of AAC , Title 18. Environmental Conservation:
• AAC Title 18 . Environmental Conservation: • Chapter 50. Air Quality Control (18 AAC 50.005-50.990);
• Chapter 52

. Emissions Inspection and Maintenance Requirements for Motor Vehicles (18 AAC 52.005-18 AAC 52.990); • Chapter 53. Fuel Requirements for Motor Vehicles (18 AAC 53.005-53.990); and • Chapter 95. Administrative Enforcement (18 AAC 95.010-95.900).

Compliance with C lean Air Act Section ( §) 110 (a) (2) (A)

- (M) Requirements
Alaska ’s statutes and regulations meeting each CAA §110 (a) (2) (A)

- (M) SIP infrastructure requirement are presented in the following section. This section also briefly d escribes DEC’s current SIP programs and efforts address ing these same requirements

.

• C AA § 110 (a) (1) states the following: “ Each State shall

.... adopt and submit to the

Administrator within 3 years after the promulgation of a NAAQS (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State.”

• CAA §110 (a) (2) states that “Each implementation plan submitted by a State under this Act

shall be adopted by the State after reasonable notice and public hearing. Each such plan shall include the following ”-

• §110(a)(2)(A) “ include enforceable emission limitations and other control measures,

means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for comp liance as may be necessary or appropriate to meet the applicable requirements of this Act” DEC has promulgated regulations to implement and enforce the NAAQS and other emission limitations

. These regulations include statewide ambient air quality standards, major and minor permits , transportation conformity and fees , among others which are found in the following articles of AAC Title 18 Environmental Conservation, Chapter 50. Air Quality Control:
• Article 1. Ambient Air Quality Standards (18 AAC 50.005 - 18 AAC 50.110); • Article 2. Program Administration (18 AAC 50.200 - 18 AAC 50.25 0); • Article 3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390); • Article 5. Minor Permits (18 AAC 50.502 - 18 AAC 50.560); • Article 7. Conformity (18 AAC 50.700 – 18 AAC 50.735); and • Article 9. General Provisions (18 AAC 50.900 – 18 AAC 50.990).

# On April 1, 2010, t he State of Alaska adopted the 2006 PM2.5 24- hour and annual NAAQS; the 2008 ozone 8- hour NAAQS ; and the 2008 lead NAAQS into 18 AAC 50 , Article 1

. Alaska’s current ambient air quality standards are found in Article 1 at 18 AAC 50.010. 6



# Alaska’s a ir quality designations, classifications and control regions are found in 18 AAC 50.015. DEC has worked with EPA regarding the PM2.5 non

- attainment area boundary for the Fairba nks North Star Borough (FNSB). Th is boundary was finalized by EPA in November 2009 and became effective on December 14, 2009. D EC has formally commence d SIP planning activities , in cooperation with the FNSB, to u pdate the SIP to include the FNSB PM2.5 non

attainment area and additional control measures, air monitoring and emission inventory work for PM2.5. Alaska will have three years from the above designation date to submit a SIP a ttainment demonstration and adopt regulations to ensure that th is area will attain the 2006 PM2.5 NAAQS within five years

. There are no ozone or lead nonattainment areas in Alaska at the present time ( winter 2012 ).

• §110(a)(2)(B) “ provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator” DEC’s statutory and regulatory au thority to conduct ambient air monitoring investigations is found in AS 46.03.020 (5) , AS 46.14.180 and 18 AAC 50.201 . On April 1, 2010, the State of Alaska adopted into Articles 1 and 2 of 18 AAC 50 the following 40 CFR P art 50 reference and interpretati on methods for the 2006 PM2.5 24- hour and annual NAAQS ; the 2008 ozone 8-hour NAAQS ; and the 2008 lead NAAQS : • Appendix G: Reference Method for the Determination of Lead in Suspended Particulate

Matter Collected From Ambient Air; • Appendix L: Reference Method for the Determination of Fine Particulate Matter as

PM2.5 in the Atmosphere;
• Appendix N: Interpretation of the National Ambient Air Quality Standards for

Particulate Matter;
• Appendix P: Interpretation of the Primary and Secondary Natio nal Ambient Air Quality

Standards for Ozone; • Appendix Q: Reference Method for the Determination of Lead in Particulate Matter as

PM10 Collected From Ambient Air; and • Appendix R: Interpretation of the National Ambient Air Quality Standards for Lead.

T he Municipality of Anchorage (MOA) and Fairbanks North Star Borough (FNSB) both have a Memorandum of Understanding (MOU) with DEC to operate air quality control programs in their respective jurisdictions

. 7 , 8

6 

# The Division of Air Quality’s current regulations are found in Title 18 AAC 50 Air Quality Control , as amended

through September 17, 2011; refer to 

# DEC ’s Air Non

- Point Mobile Source Program (ANPMS) and Air Monitoring & Quality Assurance Program (AMQA) work with the MOA and FNSB to

http://www.dec.state.ak.us/regulations/pdfs/18%20AAC%2050.pdf 7 

# MOU between DEC and Municipality of Anchorage for Air Quality Con trol, signed June 30, 2011

. 8 

# MOU between DEC and Fairbanks North Star Borough for Air Pollution Control, dated January 26, 2010

.

# prepare Alaska’s annual ambient air monitoring network plan

. 9 

# Alaska ’s ambient air monitoring network plan includes appropriate monitoring provisions and procedures to comply with the PM2.5 NAAQS monitoring requirements within the FNSB PM2.5 non- attainment area. Ambient PM2.5 monitoring data are collected by the MOA , the FNSB and DEC

. Both the MOA and FNSB report their ambient air data to DEC on a quarterly basis. DEC collects PM2.5 data for the City and Borough of Juneau (CBJ) and the Matanuska

- Susitna Valley and reports these data to EPA on a quarterly basis. Ambient air quality and meteorological data that are collected for Prevention of Significant Deterioratio n (PSD) purposes by permitted stationary sources are reported to DEC on a quarterly and annual basis.
DEC’s revised “ Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program ” 10 

# was adopted by reference in to the St ate Air Quality Control Plan under 18 AAC 50.030(4) on October 29, 2010. This manual includes the appropriate , federally referenced ambient air quality monitoring and analysis procedures for PM2.5, ozone and lead

. As described in this plan, v alidated Stat e & Local Air Monitoring Sta tions (SLAMS), and Special Purpose Monitoring (SPM) ambient air quality monitoring data are reported to the AMQA ’s database manager . This person ve rif ies the data, and electronically reports these data to EPA through the Air Quality System (AQS) on a quarterly basis.
Ozone Monitoring : Currently ( winter 2012), there are no nonattainment areas for ozone or lead in Alaska. Existing , a mbient air quality data with regards to ozone and lead in Alaska are scarce
. MOA , in conjunction with DEC , began monitoring for ozone at two sites starting in April 2010. 8 

# Ozone monitoring occurred in 2010 and 2011 , April through September , at the “ Garden ” site located in downtown Anchorage less than 1 mile south of the Merrill Field airport. Ozone monitoring was also performed at the “ Parkgate ” site, located in Eagle River, during the 2010
ozone monitoring season (April through September). T he ozone monitoring program was discontinued at the “ Parkgate ” site after review of the seasonal result s . The ozone monitoring equipment was moved to Wasilla , located in the Mat anuska- Su sitna Valley , for the 2011 monitoring season. Lead Monitoring : S ource specific , ambient , lead monitoring related to operations at the Red Dog Mine, located in Noatak, h as been initiated by DEC to address federal lead monitoring requirements. Lead monitoring in Noatak occurred from January 2010 through June 2010; and then from July through August 2011. These monitoring efforts are scheduled to start again in the spring of 2012. Also, MOA , , in conjunction with DEC and EPA , beg an monitoring for lead , on October 18, 2011, at the Merrill Field airport to determine if lead emissions from aviation gasoline used by piston

- engine aircraft are a concern for local residents. Merrill Field airport is the largest general aviation airport in Alaska and is located within the Municipality of Anchorage. EPA is considering regulating lead in aviation gasoline

. 11

9 

# Division of Air Quality's “Alaska’s 2012 Air Monitoring Plan” www.dec.state.ak.us/air/am/am_airmonplan.htm

. 10 

# Division of Air Quality’s “Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program” http://www.dec.state.ak.us/air/doc/ADEC_AMQA_QAPP_23FEB10

- final.pdf 11 

# EPA’s “ Advance Notice of Proposed Rulemaking on Lead Emissions f rom Piston

- Engine Aircraft Using Leaded Aviation Gasoline”, dated April 28, 2010

.

# • §110(a)(2)(C ) “ include a program to provide for th e enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D”
DEC’s stat utory authority to regulate stationary sources via an air permitting program is established in AS 46.14 Air Quality Control, Article 01, General Regulations and Classifications; and Article 02, Emission Control Permit Program. The DAQ’s Air Permits Program issues air discharge permits for stationary sources according to the following regulations: • Construction permit for new or modified construction projects (18 AAC 50.302); • Prevention of significant deterioration (PSD) permit (18 AAC 50.306);
• Non -attainment area major stationary source permit (18 AAC 50.311); and • Minor Permits (18 AAC 50 Article 5).

D EC’s PSD and Minor New Source Review Programs were approved by EPA on August 14, 2007 (72 FR 45378). As state d previously, DEC adopted the 2006 PM2.5 24

- hour and annual NAAQS o n April 1, 2010 (see 18 AAC 50.010, as amended through April 13, 201 1)

. On Aug ust 3, 2011, DEC adopted the PM2.5 Significant Impact Levels (SILs) as published in the Federal Register on October 20, 2010 (75 FR 64902) ; DEC also adopted the PM2.5 source testing requirements as specified in Appendix M to 40 C.F.R. Part 51. T he PM2.5 S ILs and source test requirement regulations became effective on September 17, 2011

. A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmittal letter dated October 17, 2011.
On April 1, 2010, DEC adopted the 2008 o zo ne 8

- hour NAAQS and the 2008 lead NAAQS (see 18 AAC 50.010, as amended through September 17 , 201 1). 5 

# Alaska’s approved PSD/NSR program implements the 1997 and 2008 ozone 8

- hour NAAQS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005). T he following regulations have been adopted by the State of Alaska, but have not been approved by EPA: • Other permit conditions found at 18 AAC 50.346. Standard and compliance conditions for stationary sources are found in 18 AAC 50.345. Owner requested limits (ORL) and plant

- wide applicability limitations (PALs) are regulated according to 18 AAC 50.508, 18 AAC 50.540, and 18 AAC 50.542. Minor permit regulations requiring analysis of ambient air quality are found at 18 AAC 50.542(c). Regulations governing air pollution prohibitions are found at 18 AAC 50.045, 18 AAC 50.110, and 18 AAC 50.345(c). A violation of these prohibitions or any permit condition can result in civil actions (AS 46.03.760), administrative penalties (AS 46.03.761), or criminal penalties (AS.03.790). Regulations pertaining to compliance orders and enforcement proceedings are found in 18 AAC Chapter 95 Administrative Enforcement.

# • §110(a)(2)(D) “ contain adequate provisions (i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measur es required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) insuring compliance with the applicable requirements of sections 126 and 11 5 (relating to interstate and international pollution abatement) ”
EPA originally approved the actions of DEC to address the provisions of the CAA § 110(a)(2)(D)(i) &( ii ) regarding Alaska Interstate Transport of Pollution for the 1997 ozone 8- hour NAAQS; and for the 1997 PM2.5 NAAQS on October 15, 2008 (73 FR 60955).
DEC submitt ed Alaska’s Interstate Transport of Pollution SIP for the 2006 PM2.5 24- hour and annual NAAQS ; and for the 2008 ozone 8- hour NAAQS in conjunction with Alaska’s Open Burn SIP and Alaska’ s Regional Haze SIP via a transmittal letter to EPA Region 10, dated March 29, 2010. The se SIP amendments were intended to meet the regional haze program requirements found in 40 CFR §51.308 ; and a lso addressed Alaska’s “Finding of Failure to Submit State Implementation Plans Required by the 1999 Regional Haze Rule” (74 FR 2392, January 15, 2009). DEC has developed Alaska’s Interstate Transport of Pollution SIP for the 2008 lead NAAQS and will transmit it to EPA following public comment and adoption, which is anticipated to occur later in 2012. Compliance with CAA § 110(a)(2)(D)(i)(I)&(II) requirements is pending EPA’s final approval of Alaska’s ozone, PM2.5 and lead Interstate Transpo rt SIP amendments

. DEC concludes that the written SIP amendments sufficiently demonstrate that emissions from Alaska do not significantly contribute to nonattainment or interfere with maintenance of the 1997 or 2008 ozone NAAQS; the 1997 or 2006 PM2.5 NAA QS; or the 2008 lead NAAQS in another state ; or interfere with
measures required to be included in the SIP for any other s tate to prevent significant deterioration of air quality or to protect visibility. Alaska is not subject to the “Rule to Reduce Inter state Transport of Fine Particulate Matter and Ozone” also called the “Interstate Air Quality Rule” (see 69 FR 4566, January 30, 2004). Compliance with CAA §110(a)(2)(D)(ii) requirements is satisfied through the implementation of Alaska ’s PSD/NSR program originally approved by EPA on February 16, 1995 (60 FR 8943); and most recently approved on February 9, 2011 ( 76 FR 7116). Alaska’s approved PSD/NSR program implements the 1997 and 2008 ozone 8

- hour NAAQS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, DEC has moved forward to implement PM2.5 requirements within its PSD program. Initially, DEC relied on EPA’s interim guidance c alling for the use of PM10 as a surrogate for PM2.5. DEC recently adopted the PM2.5 SILs and also adopted the PM2.5 source testing requirements as specified in Appendix M to 40 C.F.R. Part 51. The PM2.5 SILs and source test requirement regulations became effective on September 17, 2011. A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmitt al letter dated October 17, 2011.

# • §110(a)(2)(E)(i) (ii)(iii) “provide (i) necessary assurances that the state will have adequa te personnel, funding, and authority under state law to carry out such implementation plan ” ; “(ii) requirements that the state comply with the requirements respecting state boards under section 128 ” ; and “(iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision” (i) DEC has implemented CAA requirements and the State Air Quality Control Plan since its inception in 1972. DEC’s statutory and regulatory authorit ies to implement and enforce the State of Alaska ’s Air Quality Control Plan are found at AS 46.14.030 and 18 AAC 50.030, respectively. The State of Alaska has adequate personnel , funding and the authority to implement the 1997 and 2008 ozone NAAQS; the 1997 and 2006 PM2.5 NAAQS; and the 2008 lead NAAQS

. The statutory authority for establishing local air pollution control programs is found in AS 46.14.400— Local Air Quality Control Programs. Where local control programs are relied upon to meet SIP requirements, DEC insures that the local program has adequate resources and documents this in the appropriate SIP sections. (ii) Alaska’s regulations meeting the intent of CAA § 110(a) (2) (E) and CAA §128 “conflict of interest” phrases are found in AAC Title 2 - Administration ; Chapter 50- Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulations of Lobbying (2 AAC 50.010- 2 AAC 50.920). Regulations concerning financial disclosure are found in Title 2, Chapter 50, Article 1- Public Official Financial Disclosure. A copy of Article 1 is adopted into the State Air Quality Control Plan and is included as an appendix to Volume II, Section II

. Alaska’s executive branch ethics regulations are found in Title 9- Law; Chapter 52- Executive Branch Code of Ethics (9 AAC 52.010- 9 AAC 52.990). T hese regulations are also adopted into the State Air Quality Control Plan and are included as an appendix to Volume II, Section II

. DEC is submitting these regulations to meet the intent of CAA §110 (a) (2) (E) and CAA §128 for this CAA §110 certification and for all future CAA §110 certification amendments to the SIP

. T here are no state air quality boards in Alaska, however, t he DEC Commissioner , as an appointed official and the head of an executive agency, is required to file a financial disclosure sta tement annually by March 15 th 

# of each year with the Alaska Public Offices Commission (APOC). These disclosures are publically available through APOC’s Anchorage office. Alaska’s Public Officials Financial Disclosure Forms and Internet links to Alaska’s financial disclosure regulations can be found at the APOC website: http://doa.alaska.gov/apoc/home.html

. (iii) As a matter of policy, DEC encourages the development of strong loca l air qual ity control programs. DEC provides technical assistance and regulatory oversight to the MOA, FNSB and other local jurisdictions to ensure that the State Air Quality Control Plan and SIP objectives are satisfactorily carried out. As mentioned, DEC has an MOU with the MOA and FNSB which allows them to operate air quality control programs in their respective jurisdictions.The South Central Clean Air Authority has been established to aid the MOA and the MatanuskaSusitna Borough in pursuing joint efforts to control emissions and improve air quality in the airshed common to the two jurisdictions.

# D EC has formally commence d SIP planning activities , in cooperation with the FNSB, to u pdate Alaska’s SIP to include the FNSB PM2.5 non- attainment area and additional control measures, air monitoring and emission inventory work for PM2.5. Alaska will have three years from the designation date (December 14, 2009 ) to submit a SIP attainment demonstration and adopt regulations to ensure that this area will attain the 2006 PM2.5 NAAQS within five years

. The MOU may also have to be updated to reflect the changes made to the SIP.

• §110(a)(2)(F) “require, as may be prescribed by the Administrator (i) the installation,

maintenance, and replacement o f equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts of emissions and emissions

- related data from such sources, and (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection”
DEC’s general stat utory authority to regulate stationary sources via an air permitting program is established in AS 46.14 Air Quality Control, Article 01, General Regulations and Classifications; and Article 02, Emission Control Permit Program. Alaska’s s tatutes regarding stationary source permit re porting requirements, completeness determinations, administrative actions, and stack source monitoring requirements are found at AS 46.140 through AS 46.14.180. DEC’s regulatory authority to determine compliance with these statutes is found in 18 AAC 50.2 00 Information requests; and 18 AAC 0.201 Ambient air quality investigations. As stated previously, on April 1, 2010, the State of Alaska adopted into 18 AAC 50, Articles 1 and 2, the appropriate 40 CFR Part 50 reference and interpretation methods for t he 2006 24 -hour and annual PM2.5; the 2008 8

- hour ozone; and the 2008 lead NAAQS. On August 3, 2011, DEC adopted the PM2.5 source testing requirements into 18 AAC 50.220(c), as required in Appendix M to 40 C.F.R. Part 51. Monitoring, reporting, and record keeping requirements for permitted stationary sources are found in the standard permit conditions for construction and operating permits at 18 AAC 50.345. Monitoring protocols and test methods for stationary sources that have been adopted by refere nce in the State Air Quality Control Plan are found at 18 AAC 50.030. Other documents, procedures and test methods adopted by reference, including the federal reference and interpretation methods for the new NAAQS, are found at 18 AAC 50.035. Federal sta ndards adopted by reference are found at 18 AAC 50.040. Alaska has a fully approved PSD/NSR program originally approved on February 16, 1995 (60 FR 8943), and most recently approved on February 9, 2011 ( 76 FR 7116). Alaska’s approved program implements the 1997 and 2008 8

- hour ozone NAAQS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, DEC has moved forward to implement PM2.5 requirements within its PSD program. Initially, DEC has relied on EPA’s interim guidance calling for the use of PM10 as a surrogate for PM2.5. DEC recently adopted ( August 3, 2011 ) the PM2.5 SILs; DEC also adopted the PM2.5 source testing requirements. The PM2.5 SILs a nd source test requirement regulations became effective September 17, 2011. A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmittal letter dated

# October 17, 2011. Ambient air quality and meteorological data that a re collected for PSD purposes by stationary sources are reported to DEC on a quarterly and annual basis. • §110(a ) ( 2 ) ( G) “provide for authority comparable to that in section 303 and adequate

contingency plans to implement such authority” DEC’s regulatory authority to act during air episodes is found at 18 AAC 50.245. This authority is promulgated under the following statutes: AS 46.03.020; AS 46.03.820; AS 46.14.010; AS 46.14.020, AS 46.14.030 and 46.14.540. At the present time ( winter 2012 ), DEC is working to update its regulations found at 18 AAC 50.245 Table 6 “Concentrations Triggering an Air Episode” to include provisions at least as stringent as (or more stringent than) EPA’s recommended , interim , PM2.5 Significant Harm Levels (S HLs) f or triggering an Air Alert, Air Warning and Air Emergency. 12 

# Also in this regulations package , DEC plans to amend 18 AAC 50.245(a), (b) and (c) to give local air quality control programs, recognized by the State of Alaska, the authority to declare air quality episodes and advisories and to take action. Release of these regulations for public review is pending approval within the Depar tment. Following public comment and legal review, these provisions will be finalized and submitted to EPA for action and inclusion in Alaska’s federally approved SIP. In the interim, DEC can and does issue air advisories under 18 AAC 50.245 to address PM 2.5 episodes when air quality conditions warrant action.
The three major municipalities in Alaska (MOA, FNSB, and CBJ ) al so have ordinances, codes, or regulations that enable them to declare emergencies in the case of poor air quality due to forest fires, volcanoes, wood smoke or other air quality problem. DEC will work with the FNSB to develop a Emergency Episode Contingency Plan for PM2.5 for the FNSB nonattainment area as outlined in 40 CFR Subpart H - Prevention of Air Pollution Emergency Episodes, and in Appendix L to Subpart 51 “Example Regulations for Prevention of Air Pollution Emergency Episodes”. DEC personnel remain in close contact with each municipality when an air emergency is declared, assisting with air monitoring and analysis, and implemen ting safety and control measures, as needed.

• §110(a)(2)(H) “provide for revision of such plan (i) from time to time as may be

necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act” DEC’s statutory authority to adopt regulations in order to implement the CAA and the state air quality control program is found in AS 46.03.020(10 ) ( A), and AS 46.14.010(a). DEC’s

12 

# EPA’s Attachment B: Recommended Interim Significant Harm level, Priority Levels, and Action Levels for PM2,5 Emergency Episode Plans , in EPA’s “Guidance on SIP Elements Required Under Sections 110(a) (1) and (2) for the 2006 24

- hour PM2.5 NAAQS”, dated September 25, 2009.

# regulatory authority to implement any provision of the CAA is found in 18 AAC 50.010. DEC strives to establish regulations and update Alaska’s SIP in a timely fashi on as new NAAQS are promulgated by EPA.

• §110(a ) ( 2 ) ( J) “ meet the applicable requirements of section 121 (relating to consultation)”; “ meet the applicable requirements of... section 127 (relating to public notification )” ; and “m eet the applicable requir ements of ... part C (relating to prevention of significant deterioration of air qua lity and visibility protection)”

· CAA Title I, Part A § 121 Consultation Re quirements: DEC’s stat utory authority to consult and cooperate with official s of local governments, state and federal agencies, and non

- profit groups is found in AS 46.030.020 (3) , (8)

. Municipalities and local air quality districts seeking approval for a local air quality control program shall enter into a cooperative agreement with DEC according to AS 46.14.400(d). DEC can adopt new CAA regulations only after a public hearing (AS 46.14.010(a)).

· CAA Title I, Part A §12 7 Public Notification Requirements: Public notice and public hearing regulations for SIP submittals and air quality discharge permits are found at 18 AAC 15.050 and 18 AAC 15.060.

· CAA Title I, Part C PSD & Visibility Protection: Alaska has a fully approved PSD/NSR program originally approved on February 16, 1995 (60 FR 8943), and most recently approved on February 9, 2011 ( 76 FR 7116). Alaska’s approved program implements the 1997 and 2008 8

- hour ozone NAAQS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, DEC has moved forward to implement PM2.5 requirements within its PSD program. Initially, DEC has relied on EPA’s interim guidance calling for the use of PM10 as a surrogate for PM2.5. DEC recently adopted ( August 3, 2011 ) the PM2.5 SILs; DEC also adopted the PM2.5 source testing requirements. The PM2.5 SILs and source test requirement regulations became effective September 17, 2011. A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmittal letter dated October 17, 2011.
DEC submitted Alaska’s Regional Haze SIP and Open Burn SIP in conjunction with Alaska’s Interstate Transport of Pollution SIP for the 2006 PM2.5 NAAQS and for the 2008 ozone NAAQS via a transmittal letter to EPA Region 10, dated March 29, 2010. These SIP amendments were intended to meet the regional haze program requirements found in 40 CFR §51.308; and a lso addressed Alaska’s “ Finding of Failure to Submit State Implementation Plans Required by the 1999 Regional Haze Rule” (74 FR 2392, January 15, 2009). Compliance with CAA Title 1, Part C requirements is pending EPA’s final approval of Alaska’s Regional Haze, Open Burn, and Int erstate Transport (ozone, PM2 .5 ) SIP submissions. DEC concludes that there are no new visibility protection obligations under CAA §110(a) (2) (J) as a result of the 2008 lead NAAQS. Alaska is not subject to the “Rule to Reduce Interstate Transport of Fin e Particulate Matter and Ozone” also called the “Interstate Air Quality Rule” (see 69 FR 4566, January 30, 2004).

# • §110(a ) ( 2 ) ( K) “ provide for: (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to t he Administrator ” Air quality modeling by DEC is conducted under 18 AAC 50.215(b), a mbient air quality analysis methods . E stimates of ambient concentrations and visibility impairment must be based on applicable air quality models, databases, and other requirements specified in the EPA's Guideline on Air Quality Models adopted by reference in 18 AAC 50.040(f). This regulation allows some provisions to exclude concentrations attributable to temporary con struction activity for a new or modified source, or to new sources outside the United States. DEC is currently (winter 2012) updating the b aseline dates and maximum allowable increases for PM2.5, found in 18 AAC 50.020, to account for the 2006 PM2.5 NAAQS revisions. Pending Department approval, i t is ant icipated that th e PM2.5 baseline date and maximum allowable increase regulation revision s will be released for public notice during the winter of 2012. T hese regulation s will be finalized and submitted to EPA for action and inclusion in Alaska’s federally approved SIP following public comment and legal review

.

• §110(a)(2)(L) “ require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover (i ) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V” DEC’s statutory authority to assess and collect permit fees is established in AS 46.14.240 and AS 46.14.250. The permit fees for permitting major and minor stationary sources are assessed and collected by the Air Permits Program according to 18 AAC Article 4. User Fees (18 AAC 50.400 through 18 AAC 50.430). The Air Permits Program is required to evaluate emission fee rates at least every four years, and provide a written evaluation of the findings (AS 46.14.250(g); 18 AAC 50.410). The Division’s most recent emission fee evaluation report was completed in October 2010. The Division’s next emission fee review is scheduled for 2014.

• §110(a ) ( 2 ) ( M) “ provide for consultation and participation by local political subdivisions affected by the plan”.
DEC has the stat utory authority to consult and cooperate with officials and representatives of any organization in the state; and persons, organization, and groups, public and private using, served by, interested in, or concerned with the environment of the state (46.03.0 20 (3) (A)(B)).

# ALASKA ADMINISTRATIVE CODE

TITLE 2 - ADMINISTRATION Chapter 50
. Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regul ation of Lobbying
Article 1. Public Official Financial Disclosure Register 162
October 2002
with April 2005 Supplement Including Registers 164 through 173

Published by

Lexis Nexis2 AAC 50.010 AlAslc, APMINISTIIATIVK

Core

2 AAC 50.010 Editor’s note:
As of Register

78 the Alaska Public Offices Commission regul:I tions which were formerly located

in

6 MC 29 nip 5mw locale, 1

in

2 MC 50. in SecUon 10. Reporting sources

01 income from to’ tail businesses IS. IRepealedi 20. Reporting interests

in real property 25. Reporting sources

of income from rental property 30. Duty
to re 1 ion h.mily member finon. cml affairs 36. Duty

to report concluded business interests 40. Loan,, loan guarantees,

and indebt’ edness 50. (Repealed) 60. Write.in candidates 70. Income 75. Reporting sources

of income from gifts 80. Controlling interest

in

a corporation 90. Municipalities

as instrumentalities of the state 95. Reporting sources

of income from self.emp

ny men

I lao. Exemption
from reporting novae

of individual

as

a source

of income 102. Commission consideration ofexemp’ Lion requests

light ofExecutive Order No.41(1980).

The history notes under the sections

in their new location carry forward
the history

of these provisions from their old location. Seetion 105. Filing 107. Thking office 108. Notice

of filing requirement 110. Civil penalty

for late or incomplete statements
from filers other than municipal officers 112. Diap.,tessioamousstofcivilpenalty 115. Procedures

for late statements
froni executive branch public officiab 120. Procedures

for late statements
from judicial officers 125. (Repealed) 126. (Repealed) 127. 1%cedures

for incomplete elate ments from candidates

for state elective olIicc 130. (Repeoled) 135. Civil penalty assessments

for late filing
by municipal officers 140. Procedures

for incomplete state menla from candidates

for elective municipal office 143. Corrected incomplete statements 145. (Repealed) 200. Definitions Chapter

50. Alaska Public Offices Commission: Conflict

of Interest, Campaign Disclosure, Legislative Financial Disclosure,

and Regulation

of Lobbying. An it Ic I. Public Official Financial D,sclosur

(2 AAC 50,010

2 AAC 50.200i 2. Campaign Disclosure

t2 MC 50,250

2 MC 50.405 3. Alnslca Public Oflins Cnmmission complaints

and Investigotiona

(2 MC 50.450 2MG 50.470’ 4. Iteguletion

of Lobbying

(2 MC 50. .05

2 MC 50.545 5. Legislative Financial Disclosure

2 AAC 50705

2 MC 50.890 6. Genenil l’rovisinns

12 AAC 50.905

2 MC 50.9)i ArticJe

1. Public Official Financial Disclosure. 2 AM) 50.010. Reporting sources

of income from retail busi nesses. For the purposes

of reporting

a source

of income under 2902A.AC50,015AInhINs’rlMTIoN2AAC50.025AS39.50.030(b),afilershallreport thename(1)andaddressofasourceof incomethatisaretail business;and(2)ofacustomerofaretail businessthatisasourceofincome,ifthe customer(A)conductedbusinesswiththeretailbusiness throughalineofcreditthatextendedthroughtwoormorebillingcycles;(B)hadanongoingcontracttopurchasegoodsorservicesfromtheretailbusiness;or(C)paid theretailbusinessmorethan$1000foragoodorserviceafterreceivingadiscountthatwasnotavailabletothegeneralpublic.(El!.8/20/75,Register55;am5/16/76,Register58;am1/26/86,Register97;am7/20/95,Register135;am1)1)2001,Register156)Authority:AS15.13.030AS39.50.030AS39.50.0502AAC50.015.Reportingsourcesofincomefrompoliticalcampaigns andgiftsforofficeexpenses.RepeaLed.(Eff.1)26/86,Register97;am7/20/95,Register135;repealed1/1/2001,Register156)2AAC50.020.Reportinginterestsinrealproperty.ForthepurposesofreportingtheidentityandnatureofaninterestinrealpropertyunderAS39.50.030(b),afilershallreportadescriptLon ofthenatureoftheinterestheldinthepropertynndthe addressorotherlegaldescriptionoftheproperty.(El!.5/16/76,Register58;am7/20/95,Register135;am1/1/2001,Register156)Authority:AS15.13.030AS39.50.030\S.19.,0.0502AAC50.025.Reportingsourcesofincomefromrentalproperty.ForthepurposesofreportingasourceofincomeunderAS39.50.030(b)fromrentalpropertylocated(1)withinthestate,afilershaLlreportthenameofapersonthatpaidmorethan$1000inrentduringtheprecedingcalendaryear;and(2)outsidethestateandmanagedbya(A)filer orthefiler’sfamilymember,thefilershallreportthenameofapersonthatpaidmorethan$1000inrentduring theprecedingcalendaryear;or(B)personotherthanafilerorthefiler’sfamilymember,thefilershallreportthenameofthemanager.(El!.7/20/95,Register135;am1/1)2001,Register156)Authority:AS15.13.030AS39.50.030AS39.50.0502 AAC 50.030 Ajjsi<.ADMINIwFIt%rn’E
CooK

2 AAC 50.060 2 AAC 50.030. Duty
to report tanDy member financial

.f fairs. For the p4irposes

of reporting information

on the financial affairs of a filer’s family member,
the filer shall (1) make an affirmative good faith effort

to ascertain
the informa tion; and (2) report the information
that the filer knows. (Eff. 6116/76, Register

58; am 7/20/95, Register 135; am 1)1)2001, Register 156) Authority:

AS 15.13.030

AS 39.50.010

AS 39.50.050 2 AM) 50.035. Duty
to report concluded business interests. For the purposes

of reporting information under AS 39.50.030(b)

on

a business ownership interest that

is no longer held but was held during the preceding calendar year by

a filer or the filers family member,
the fiLer shalL (1) make
an affirmative good faith effort

to ascertain
the informa tion; and (2) report the information
that the filer knows. (Eff. 7/20/95, Register 135; am 1/1/2001, Register 156) Authority

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 AM) 50.040. Loans, loan guarantees,

and indebtedness. (a) For the purposes

of reporting

a creditor under AS 39.50.030(b),

a filer need not report

a retail charge account creditor, revolving charge account creditor,

or credit card creditor (b) As used

in AS 39.50.030(b)

and this section, “loan
or loan guarantee” includes

a business

or personal (1) loan signed

or cosigned

by
a filer or the filer’s family member; and (2) loan guarantee made
on behalf

of
a filer or the filer’s family member. (Eli’. 5/16/76, Register

58; am 5/14/80, Register

74; am 1126186, Register
97; am 7/20/95, Register 135; am 11112001, Register 156) Authority:

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 AAC 50.060. Retail charge accounts, Repealed. (Eff. 5/16/76, Register

58; repealed 7/20/95, Register 135) Editor’s note:
As of Raging, 135, Oc. tober 1995. the substance

of fon,,er 2AAC 50.060

is inciuded

in
2 AAC 50.040. 2 AM) 60.060. Write-in candidates.

A public statement

by an individual

not appearing

on the ballot that he will seek elective office constitutes

a declaration

of candidacy under AS 39.50.020.
(Eff. 5/16/76, Register

58; am 5/14180, Register
74) 2922 AAC 50.070AUIIINISFILA’ru1N

2 AAC 50.096Authority:AS1513030(101AS19.50.020 2 AAC 50.070. Income.

As used inAS 39.50 and

2 AAC 50.010 2 AAC 50,200, ‘income includes money

or anything

of value received (1) in exchange

for labor
or services; (2) from the sale of goods

or property; (3) as profit from

a financial investment; (4) as alimony; (5) as chiid support; (6) as

a government entitlement; (7) as an honorarium;

or (8) as

a gift. (Eff. 5/16/76, Register

58; am 7/20/95, Register
135; am 1)1)2001, Register 156)Authority:AS15.13.030AS39.50.030ASJ9.50.050 2 AAC 50A175. Reporting sources

of income from gifts. For the purposes

of reporting

a source

of income under AS 39.50.030(b),

a filer shall report the name
of the donor
of a gift or
a series
of gifts

if the (1) value
of the gift or the cumulative value
of the series
of gifts from the donor

is over $250; (2) gift or series
of gifts

is received

by the filer or the filer’s family member;
and (3) donor

is not related

to the recipient

as

a spouse, spousal equivalent, parent, child, sibling, grandparent,
aunt, uncle, niece,
or nephew. (Eff. 7/20/95, Register
135; am 1)112001, Register 156)Authority:AS15.13.030/sS39.50.030AS39.50.060 2 AAC 50.060. Controlling interest

in a corporation.

As used inAS 39.50 and

2 AAC 50.010—2
AAC 50.200, “controlling interest” in
a corporation means ownership

of more than 50 percent interest

or more than 50 percent

of the outstanding shares

at any time during the preceding calendar year. (ElF. 5/16/76, Register

58; am 7/20/95, Regis ter 135; am 1)112001, Register 156)Authority:AS15.13.030

AS39.50.050AS39.50.200 2 AAC 50.09a Municipalities

as instnnnentalities

of the state.

In AS 39.50.200(5), “instrumentality

of the state” includes municipalities.

(5ff, 5/16176, Register
58)Aathorit3nAS15.13.030(15)AS39,50.200(5) 2 AAC 50,095. Reporting sources

of income from self-employ ment For the purposes

of reporting

a source

of income under AS 39.50.030(5)
from self-employment,

a filer shall list the name
of a non-retail customer, client,

or patient

of a 2932 AAC 50.100 ALASKA ADMiNiStk.TR’K

Coin

2 AAC S0.100 (1) sole proprietorship, partnership,

or professional corporation

in which the filer or the filer’s family member

is an owner, partner,

or shareholder;

or (2) corporation

in which the filer, the filer’s family member,

or
a combination

of these individuals owns

a controlling interest. (Eff. 7/20/95, Register 135; am 1/1/2001, Register 156) Authority:

AS 1513030

AS 39.50.050

AS 39.50.200 AS 39.50030 2 AAC 60.100. Exemption from reporting name
of individual as
a source

of income,

(a) A filer who seeks an exemption from the requirement

to report the name

of

a source

of income under AS 39.541030(b)

or
2 AAC 50.010

—

2 AAC 50.200 shall request the exemption from the commission. (b) ‘lb request

an exemption under
(a) of this section,

a filer shall file a written request
for exemption with the statement

for which the exemption

is requested.
The written request
for exemption must be on a form prescribed

by the commission

and must, for

a name for which
an exemption

is requested, (1) state the facts that support
the exemption;

and (2) identi&
the exemption circumstances under
(c)— (j) of this section that applies

to the request. (c) A filer may request

a mental health practice exemption

if during the preceding calendar year the (1) filer or the filer’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation

in which

a mental health practitioner, including

a psychiatrist, psychologist,

or therapist, worked; (2) source

of income was an individual
who received mental health services from the mental health practitioner;

and (3) income was received

as payment

for the mental health ser vices. (d) A filer may request

a sensitive medical practice exemption

if during the preceding calendar year (1) the filer or the filer’s family member was an owner, partner,

or shareholder

in

a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation; (2) at least 67 percent

of the patients

of the sole proprietorship, partnership, limited liability partnership, professional corporation, or corporation consisted

of individuals
who (A) received medical services related

to abortion, contraception, reproductive health,

a sexual disorder,

or
a terminal illness from the sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation; 2942AAC50.100Al,IINIsrwTIoN2AAC50.100(B)wereminors,andwho,unknowntotheirparentsorlegalguardians,receivedmedicalservicesfromthesoleproprietorship.partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or(C)weremarried,andwho,unknowntotheirspouses,receive]medicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(3)thesourceofincomewasanindividualwhoreceivedmedicalservicesofanynaturefromthesoleproprietorship,partnership,limitedliabilitypartnership,professionaLcorporation,orcorporation;and(4)theincomewasreceivedaspaymentforthemedicalservices.(e)AfilermayrequestasensitivemedicalprocedureexemptionifduringtheprecedingcaLendaryearthe(1)filerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)sourceofincomewas anindividualwhoreceivedmedicalservicesrelatedtoabortion,contraception,reproductivehealth,asexualdisorder,oraterminalillnessfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;and(3)incomewasreceivedaspaymentforthemedicalservices.(0AfiLermayrequestanembarrassingmedicalprocedureexeinptLonifduringtheprecedingcaLendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)thesourceofincomewasa(A)minorwho,unknowntoaparentorlegalguardianoftheminor,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or(B)marriedindividualwho,unknowntotheindividual’sspouse,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(3)theincomewas receivedaspaymentforthemedicalservices;and(4)reportingthenameofthesourceofincocnewouldtendtocauseareasonablepersoninthesituationofthesourceofincomesubstantialconcern,anxiety,orembarrassment.(g)Afilermayrequestalegalservicespracticeexemptionifduringtheprecedingcalendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliability2952 AAC 50.102 AlASKA AnMlNIgn&r1vK
CODE

2 AAC 50.102 partnership, professional corporation,

or corporation where
an attor ney worked; (2) at least 67 percent

or more of the clients

of the sole proprietor ship, partnership, limited liability partnership, professional corpo ration,

or corporation consisted

of individuals
who were (A) minors, and who, unknown

to their parents

or legal guard ians, received professional
legal services from the attorney;

or (B) married,
and who, unknown

to their spouses, received professional
legal services from the attorney; (3) the source

of income was an individual
who received legal services

of any nature from the sole proprietorship, partnership, limited liability partnership, professional corporation,

or corpora tion; and (4) the income was received

as payment

for the professional
legal services. (h) A filer may request

a legal services exemption

if (1) the filer or the filers family member was an owner, partner,

or shareholder

in

a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation where
an attor ney worked; (2) the source

of income was

a (A) minor who, unknown

to
a parent

or legal guardian

of the minor, received professional legal services from the attorney;

or (B) married individual
who, unknown

to the individual’s spouse, received professional
legal services from the attorney; (3) the income was received

as payment

for the professional legal services; and (4) reporting
the name
of the source
of income would tend
to cause a reasonable person

in the situation

of the source

of income substan tial concern, anxiety,

or embarrassment. (i) A filer may request

a filer prohibition exemption

if the filer

is prohibited

by law from reporting
the name
of a source
of income. (j) Afiler may request

a right of source exemption

if the filer believes that reporting
the name
of
a source
of income would violate

a right of the source under the state
or federal constitution.

(Eff. 9/9/78, Register 67; am 5/14/80, Register

74; am 1/26/86, Register

97; am 7/20/95, Register 135; am 1/1/2001, Register 156) Authority:

AS 15.13.030

AS 39.50.035

AS 39.60.OSG AS 3960.030 2 AAC 50.102. Commission consideration

of exemption

re quests.

(a) For an exemption circumstance under

2 AAC 50.100(c), (d), (e), (g), or (i), and no later than
30 days after the commission receives

a written exemption request that complies with

2 AAC 50.100(b),

the staff of the commission shall 2962AAC50102Aimiisisric.vrits2AM..50.102(1)granttherequest,ifthefactsstatedintherequestatilvIheexemptioncircumstanceuponwhichtherequestrelies;intl(2)sendtothefiler,attheaddressonfilewiththeComm’s.Oil.awrittennoticeofthestaffsdecisiontograntordenythee’cciliIltlun.(hiIfunder(a)ofthissectionthestaffofthecommissiongrant,arequest,thefilerneednotreportthenameofthesourceofthein”onwforwhichtherequestismade.Ifthestalldeniestherequest,[liefilershall,nolaterthan30daysafterthedateofthestaffswrittennoun’under(a)ofthissection,(1)reportthenameofthesourceofincomeasrequiredunderAS39.50.030;or(2)fiLewiththecommissionanoticeofappeal,which(A)mustcontaintheinformationdescribedin2AAC50101)hi;(8)mustexpininwhythefilerbelievesthatthestafferredii,denyingthefiler’srequestforexemption;and(C)mayincludeadditionalinformationthatthefilerconsnlcrsappropriate.(c)Ifthefilerdoesnotfileatimelywrittennoticeofappealunderh)ofthissection,thedecisionbythestaffofthecommissionisfinal,andmaynotbeappealedtothecommission.(d)IfthefilerfiLesatimelynoticeofappealunder(b)ofthissection.thecommissionwiLlheartheappealatthenextscheduledmeetingofthecommission,unlessthecommission,initsdiscretion,findsgoodcausetoheartheappealatadifferentmeeting.Atthehearing,anattorneymayrepresentthefiler.Unlessthecommissionprovidesotherwise,thefilershallpresentthefiler’scasefirst,andthestalTofthecommissionshaLlpresentitscasenext.Alterthehearing.thecommissionwillgrantordenytherequestforanexemption.(e)Foranexemptioncircumstanceunder2AAC50.100(1),(h),or(flandnolaterthan30daysafterthecomlilissionreceivesaWrittenexemptionrequestthatcomplieswith2AAC50.100(1),thestaffofthecommissionshalL(1)determinewhetherthefactsstatedinthe requestsatisfytherequirementsoftheexemptioncircumstanceuponwhichtherequestrelies;(2)makeapreliminaryfinding,whichrecommendsthatthecommissiongrantordenytherequest;(3)sendtothefiler,attheaddressonfilewiththecommission,awrittennoticeofthepreliminaryfinding;and(4)submitthepreliminaryfindingtothecommissionforactionunder(I)ofthissection.If)Afterthestaffofthecommissionhassubmittedapreliminaryfindingmadeunder(e)ofthissection,thecommissionwill(1)reviewthepreliminaryfindingatthenextscheduledmeetinuofthecommission,unlessthecommission,initsdiscretion,findsgoodcausetoreviewthefindingatadifferentnieeting;and297I2AAC50.105AIjshAAis’NISTI{AT Cr,r*

2 AAC 50.105 (2) accept, reject,

or modify the preliminary finding. (g) No later than 30 days after reviewing

a notice

of appeal under (d) of this section

or
a preliminary finding under

(U of this section,
thecommission

will send
to the filer,
at the address

on file with the commission, written noticeof the commission’s
final decision and an order granting

or denying
the request
for exemption. (h) If under
(g) of this section the commission (1) grants

a request
for exemption,

the filer need not report the name
of the source of income;
and (2) denies

a request
for exemption,

the filer shall (A) report the name
of the source

of income

as required under AS39.50.030

no later than 30 days after the date of the commis sion’s order;

or (B) file

a notice

of appeal under AS 44.62.560. (I) If while considering

a request
for exemption

the commission

or the staff
of the commission determines
that information
that the commission

or the staff has received

is protected

by

a state
or federal constitutional
right
or is legally privileged,

the commission

and the staff will keep the information confidential, without regard

to whether the filer claims the right
or privilege. (j) A filer does not violate
AS 39.50

or

2 AAC 50.010—

2 AAC 50.200
for failure

to report the name
of a source

of income

if the filer has requested

an exemption under

2 AAC 50.100 and (1) the commission

has not issued

a written final decision and order regarding

a preliminary finding that the staff of the commis sion has submittal under
(e) of this section:

or (2)

a notice

of appeal that the filer has submitted under
(b) or (h of this section

is under review. (Eff. 7/20/95, Register 135)Authority:AS15.13.030AS39.50.035AS39.50.050AS39.50.030 2 AAC50.105. Filing.

(a) The public officials named

in AS 39.50.200(a)

who are required

to file

a statement under AS 39.50.020 shall file the statement with an office
of the commission by hand delivery, mail,
or facsimile. (b) A candidate

for state elective office who

is required

to file

a statement with the director

of elections under AS 39.50.020 shall file the statement

as the director

of elections provides. (c) A municipal officer

or
a candidate

for elective municipal office who

is required

to file

a statement with the municipal clerk
or another municipal official under AS 39.50.020 shall file the statement

as the clerk
or municipal official provides. (d) If an individual
who

is subject

to (a) of this section files

a statement

by hand delivery

or facsimile,
the date of filing

is the date on which

an office
of the commission receives
the statement.

If the individual
files

a statement

by mail, the date of filing

is the date of the 29S2AAC50.107AIIMINIS’r,u’rIoN2AAC50.110postmark.Ifastatementfiledbynailhasapostmarkonwhichthedateismissingorillegible,thedateofthepostmarkisrebuttablypresumedtobe10calendardaysbeforethetinteonwhichthestatementisreceived.(e)IfafilerisrequiredtofilemorethanonestatementunderAS39.50.020,thefilershallfileastatementateachplacedesignatedinAS39.50.020.Afilermayfileacopyofacurrentstatement.Thefilershallsignthecopy.(ElY.9/9/78,Register67;am5/14/80,Register74;am1/26/86,Register97;am7/20/95,Register135;am11112001,Register156)AuthodtyAS15.1I.030AS19.50.020AS39.50.0502AAC50.101.Takingoffice.AsusedinAS39.50.0’20(a),“within30daysaftertakingoffice”meanswithin30daysaftertheearlierofthefollowingdays:(1)thedayonwhichthefilerfirstearnscompensationforwork;(2)thedayonwhichthefilertakestheoathofoffice,(ElY.7/20/95,Register135)Authority:AS15.13.030AS39.50,020AS39.50.0502AAC60.108.Noticeoffilingrequirement.(a)Ifthestall’ofthecommissiondeterminesthatanexecutivebranchpublicofficialorajudicialofficermustfileastatementunderAS39.50.020,thestaffshallsendawrittennoticetotheindividualattheaddressonfilewiththecommission.(b)ThestaffofthecommissionshallprovideeachmunicipalityacopyofthestatementformandinstructionmanualforeachmunicipalofficerandcandidatesubjecttoAS39.50.(ElY.7120/95,Register135;am1/112001,Register156)Authority.AS15.13030AS39.50220AS39.50,0502AAC50.110.Civilpenaltyforlateorincompletestatementsfromfilersotherthanmunicipalofficers.(a)Exceptasprovidedunder2AAC50.143,thestaffofthecommissionshallassessacivilpenaltyunderAS39.50.135againstafilerotherthanamunicipalofficeroneachdaythatthefiler’sstatementislate.Astatementislateorincompleteifitisnotcompleteandfiled(1)30daysafterthecommissionsendsnoticeunder2AAC50.108,foraninitialstatementfromanexecutivebranchpublicofficialorjudicialofficer;and(2)March15,foranannualstatement.(b)Fors statementrequiredbecauseafilerisanexecutivebranchpublicofficial,candidaterorstateelectiveoffice,orjudicialofficer,the2992 AAC 50.112 AI.s,s Ajw,lINLcrRxrwE

Coot

2 AAC 50.112 staff of the commission shall assess the civil penalty against the filer as follows: (1) $5 per late day through
the first
15 days of lateness; (2) $10 per late day for the 16th and subsequent days of lateness. Cc) Notwithstanding

(b) of this section, the staff of the commission may recommend
that the commission assess $10 per day for each day that

a statement

is late
if a filer other than

a municipal officer has (1) failed

to comply substantially
with AS 39.50
or
2 AAC 50.010—

2 AAC 50.200

by failing

to report

in the filer’s statement

a major source

of income, interest

in real property, business interest, loan, trust,

or other substantial financial interest;

or (2) continuously failed

to comply with AS 39.50

or
2 MC 50.010—

2 AAC 50.200

by failing

to respond fully and within the time prescribed

to
a written request from the commission

or the staff for further information. (d) A civil penalty assessed under
(b) or (c) of this section

is due each day that

it is assessed. (Eff. 9/9/78, Register

67; am 5/14/80, Register 74; am 1125/86, Register

97; am 7/20/95, Register 135; am 111)2001, Register 156) Authority:

AS 15.13.030

AS 39.60.050

AS 39.50.135 AS 39,50.020 2 AAC 60.112. Dispute

as to amount

of civil penalty.

(a) If a filer disputes
the amount

of
a civil penalty assessed under

2 AAC 50.110(b)

or
2 AAC 50,135(e),

the filer may submit

to the commission an affidavit stating thcts
in mitigation within

30 days of the date of the notice described

in
2 AAC 50.115(e),

2 AAC 60.120(e),

or

2 AAC 50.135(e).

At its next meeting after the filer submits
the affidavit,
the commission

will consider
the affidavit and other evidence relevant

to the amount

of the civil penalty, unless the commission,

in its discre tion, finds reason

to consider
the affidavit

at
a different meeting. The commission

will permit the filer
to speak

at the meeting. After considering

the affidavit and other evidence,
the commission

will (1) affirm the civil penalty

if the commission determines
that the statement
was late without good cause;

or (2) reduce

or waive the civil penalty

if the commission determines that the statement
was late for good cause. (b) No later than 60 days after

a meeting described

in (a) of this section, the staff of the commission shall send

a written notice

of the decision

by the commission

to the filer at the address

on file with the commission. Cc) If the commission decides

to impose some
or all of a civil penalty assessed under

2 AAC 50.110(b)

or
2 AAC 50.135(e),

the ifier shall (1) pay the penalty

no later than
30 days after the date of the notice described

in (b) of this section;

or 3002 AAC 50.115 AoMINIrruNrloN

2 MC 50.115 (2) file

a notice ofappeal underAS 39.50.135 orAS 44.62.560.
(KiT. 7/20/95, Register 135) Authority:

AS
IS 13O:k)

AS19.50.054) AS(9.50.020 2 AAC 50.115. Procedures

for late statements from executive branch public omcials.

(a) lithe annual statement

of an executive branch public official

is late for eight days, the staff of the commission shall send

a written notice

to the executive branch public official

at the address

on file with the commission.

The notice must state (1) that the statement

has not been filed; (2) the date on which the statement
was due; (3) that refusal

or failure

to file (A)
is punishable

as
a misdemeanor offense; and (B) on or before the 30th day of lateness will cause the commis sion
to (i) request
the governor

to remove
the executive branch public officiaL from office under AS 39.50.060— 39.50.080,11

the executive branch public official

is not the governor

or the lieutenant governor; (ii) request the state agency that administers

the salary, per diem, and travel expenses

of the executive branch public official to withhold those payments under AS 39.50.070, 39.50.080,

or 39.50. 130; (iii) request
the attorney general

to initiate misdemeanor proceedings under AS 39.50.060— 39.50.080

or 39.50.130:
and (iv) take other action

as appropriate

to carry out AS 39.50.060— 39.50.080

or 39.50.130; (4) the amount

of the civiL penalty assessed

to date under

2 AAC 50.110; (5) that the civil penalty assessed under

2 AAC 50.110 increases until the statement

is filed; and (6) the right of appeal under AS 39.50.135
and

2 AAC 50.112. b) If the nnnual statement

of an executive branch public officiaL

is late for 22 days, the staff of the commission shall send

a written notice to the executive branch public official

at the address

on tile with the commission.

The notice must include
the information included

in
a notice sent under
(a) of this section. (c) If the annual statement

of an executive branch public official has been late for 30 days, the staff of the commission shall (1) send

a written notice

to the executive branch public offitinl

at the address

on file with the commission;

the notice must include the information included

in
a notice sent under
(a) of this section; (2) noti& the commission
that the statement

has been late for 30 days; and

3012 AAC 50120 AlASKAAOMINISTICATIVK

CooF

2 AAC 50.120 (3) under the direction

of the commission,
take other action

as appropriate

to carry out AS 39.50.060— 39.50.080
and 39.50.130. (d) If the aonual statement

of an executive branch public official

is late for 30 days, the commission

will (1) request the governor

to remove the official from office under AS 39.50060— 39.50.080 unless the official

is the governor

or lieutenant governor; (2) request the state agency that administers

the salaty, per diem, and travel expeoses

of the executive branch public official

to with hold those payments under AS 39.50.070. 39.50.080,

or 39.50.130; (3) request the attorney general

to initiate misdemeanor proceed ings under AS 39.50.060— 39.50.080

or 39.50.130;
and (4) take other action

as appropriate

to carry out AS 39.50.060— 39.50.080

or 39.50.130. (e If an executive branch public official files

a statement after the date applicable

to that official under AS 39 .SO. 02 (a),

the staff of the commission shall send

a written notice

to the executive branch public official

at the address

on file with the commission.

The notice must state the (1) amount

of the civil penalty assessed under

2 AAC 50.110; and (2) right
of appeal under AS 39.50.135
and

2 AAC 50.112. (Eff. 9/9/78, Register

67; am 10/18/81, Register

80; am 1)26/86, Register 97; am 7/20/95, Register 135)Authority:AS15.13.030AS39.50.060AS39.50.080AS39.50.020AS39.50.070AS39.50.130AS39.50.050 2 AAC 50,120. Procedures

for late statements from judicial officers.

(a) If the annual statement

of

a judicial officer

is late for eight days, the staff of the commission
shall send

a written notice

to the judicial officer

at the address

on file with the commission.

The notice must state (1) that the statement
has not been filed; (2) the date on which the statement
was due; (3) that refusal

or failure

to file (A)
is punishable

as

a misdemeanor offense; and (B) on or before the 30th day of lateness will cause the commis sion
to (i) request the administrator

of the court system

to withhold salary, per diem, and travel expense payments

to the judicial officer under AS 39.50.110; (ii) request the Commission

on Judicial Conductto refer the matterto the supreme court with

a recommendation

that the judicial officer
be removed from office under AS 39.50.110; (iii) request
the attorney general

to initiate misdemeanor proceedings under AS 39.50.060

or 39.50.110;
and 302

I2 AAC 50.125 At,iisis’rwvru’s

2 AAC 50.125 (iv) take other action

as appropriate

to carry outAS :39.50.060 or 39.50.110; (4) the amount

of the civil penalty assessed

to date under

2 AAC 50.110; (5) that the civil penalty assessed under

2 AAC 50.110 increases until the statement

is filed; and (6) the right
of appeal under AS 39.50.135
and

2 AAC 50.112. (b) If the annual statement

of
a judicial officer

is late for 22 days. the staff of the commission shall send

a written notice

to thejudicial officer at the address

on file with the commission.

The notice must include the information included

in
a notice seat under
(a) of this section. (c) If the annual statement ofajudicial officer

is late for 30 days, the staff of the commission
shall (1) send

a written notice

to the judicial ufficer

at the address

on File with the commission:

the notice must include the information included

in
a notice sent under
(a) of this section; (2) notify the commission
that the statement

has been late for 30 days; and (3) under the direction

of the commission,
take other actioa

as appropriate

to carry out AS 39.50.060
and 39.50.110. (d) If the annual statement ofajudicial officer

is late for 30 days, the commission

wilL (1) request
the administrator

of the court system

to withhold salary, per diem, and travel expense payments

to the judicial officer under AS 39.50.110; (2) request
the Commission

on .Judicial Conduct

to refer the matter

to the supreme court with

a recommendation

that thejudicial officer

be removed from office under AS 39.50.110; (3) request the attorney general

to initiate misdemeaoor proceed ings under AS 39.56.060

or 39.50.110;
and (4) take other action

as appropriate

to carry out AS 39.50.060

or 39.50. 110. (e) Ifajudicial officer files

a statement after the date applicable

to that officer under AS 39 .5 0 020(a),

the staff of the commission shall send

a written notice

to the judicial officer

at the address

on fiLe with the commission.

The notice must state the (1) amount

of the civil penalty assessed under

2 AAC 50.110; and (2) right of appeal under AS 39.50.135
and

2 AAC 50.112. (REF. 9/9fl8, Register

67; am IWIS/S1, Register

80; am 1/’26/86, Register 97; am 7/20/95, Register 135)Authority:AS15.13.010,‘iS39.50.050AS3950.110 AS39.50,020

AS3950.060 2 AAC 50.125. Procedures followed upon

a refusal

or failure by

a state elected official

to file the conflict-of-interest

state ment when due. Repealed 10/18/81. 3032 A,A 50.12(i

A ASKA A1)MINJSI’ItA’riVK

GooF

2 AAC 50,135 2 AAC 50.126. Procedures

for failure

or refusal

of an incum bent state elected official

to file the annual conflict-of-interest statement

by the April

15 due date. Repealed.
(Eft 10/18/81, Regi ter 80, repealed 7/20/95, Register 135) 2 AAC 50.127. Procedures

for incomplete statements from candidates

for state elective office.

(a) Seven days before the primary election withdrawal
date set in AS 15.25.055
and seven days before the general election withdrawal
date set in AS 15.25.200,

the stafi of the commission
shall provide

to the commission

a list of the candidates

for state elective office whose statements

are incomplete. (b Upon receipt

of

a list described

in (a) of this section,
the conlniisslon

will schedule

a meeting

to consider
the list. The staff of the commission
shall notify

a candidate

for state elective office who

is on the list about the time, date, and place
of the meeting. (c II, at or after the meeting scheduled under
(b) of this section, the commission determines
that

a candidate

for state elective office has not supplied required information

on
a major source

of income, interest

in real property business interest, loan,
or trust, the commission

will recommend
that the lieutenant governor remove the candidate’s name from the ballot.

If the candidate’s name cannot

be removed from the ballot, the commission

will recommend
that the lieutenant governor not certify the candidates nomination

foT office
or election

to office. (d) If informntion discovered after the withdrawal-of-candidacy deadline indicates that

a candidate

for state elective office has failed

to comply substantially
with the requirements

of AS 39,50

or

2 AAC 50.010 —2 AAC 50.200, the staff of the commission shall undertake

a preliminary investigation under

2 A.AC 50.460. The staff shall report its findings

to the commission.

The commission

will determine

the appropriate penalty. (EfT. 1126)86, Register

97; am 7/20/95, Register 135; am 111/2001, Register 156) Authority:

AS 1513.030

AS 39.50.060

AS 39.50.130 AS 39,50.020

AS 39.50.120

AS 39.50.135 AS 33.50.050 2 AAC 50.130. Filing
by

a municipal officer. Repealed
(Eff 9/9/78, Register

67; am 5/14/80, Register

74; repealed 7/20/95, Register 135) 2 AAC 50.135. Civil penalty assessments

for late filing by municipal officers.

(a) The statement

of

a municipal officer

is delinquent

if the municipal clerk
or designated municipal official does not recoive the statement

on or before March

15, for an annual statement. cli) The statement continues

to be deLinquent
and subject

to
a civil penalty until received

by the municipal clerk
or designated official. 3042AAC50135AIItiiNIs’rnsrcoN2AAC50.135Ic)Themunicipalclerkordesignatedofficialshallnoti&thecornmissionwithinlivedays(1)bytelegramortelephoneofthenameandaddressofanymunicipalofficerwhohasrefusedorfailedtofileastatementbytheduedate;and(2)veri&thatallothermunicipalofficershavefiled.(ci)Withinfivedaysafterreceivinganotificationunder(c)ofthissection,thestaffofthecommissionshallsendawrittennoticetothemunicipalofficer.Thenoticemuststate(1)thatthestatementhasnotbeenfiled;(2)thedateonwhichthestatementwasdue;(3)thatrefusalorfailuretotile(A)ispunishableasamisdemeanoroffense;and(B)onorbeforethe30thdayoflatenesswillcausethecommissiontoIi)requestthenttorneygeneraltoinitiatemisdemeanorproceedingsunderAS39.50.060;and(ii)takeotheractionasappropriatetocarryoutAS39,50.060;(4)theamouatofthecivilpenaltyassessabletodateunder(e)ofthissection;(5)thatthecivilpenaltyassessableuader(e)ofthissectionincreasesuntilthestaterneatisfiled;and(6)therightofappealunderAS39.50.135and2AAC50J12.(e)ThemunicipalclerkordesignatedofficialshallnotirthecommissionbytelegramortelephoneofthenameandaddressofanymunicipaLofficerwhofiledadelinquentstatementandthedateonwhichtheIntostatementwasreceivedbytheclerkordesignatedofficial.Uponnotificationofthereceiptofadelinquentstatement,commissionstaffshall(1)assessa civilpenaltyof(A)$1adayforthefirstsevendaysastatementisdelinquent;and(B)$5adayfortheeighthdayandsubsequentdaysofdelinquency;and(2)withinfivedaysafternotificationbythemunicipalclerkordesignatedofficialofreceiptofadelinqueatstatement,sendanoticeofthecivilpenaltyassessedagainstthemunicipalofficerandaformforappealingtheassessment.(I)Ifamunicipalofficerdisputestheamountofacivilpenaltyassessedunder(e)ofthissection,themunicipalofficer,usingtheaffidavitappealformprovidedunder(e)ofthissection,maysubmittothecommissionanaffidavitstatingfactsinmitigationwithin30daysofthedateofthenoticedescribedin(e)ofthissection.Thecommissionwillreviewtheaffidavitundertheproceduressetoutat2AAC50.112.(g)Repealed7/20/95.(h)Repealed7/20/95.3052 A.AC 50.140 ApAsI MpNisTnnIvI
Coni

2 AAC 50.140 (i) Repealed 7/20/95. (1) Notwithstanding

Ce) of this section,
the staff of the commission may recommend
that the commission assess $10 per day for each day that

a statement

is late if a municipal officer has (1) failed

to comply substantially
with AS 39.50
or
2 AAC 50.010 2 MC 50.200

by failing

to report

in the officer’s statement

a major source

of income, interest

in real property, business interest, loan, trust,

or other substantial financial interest;

or (2) continuously (ailed

to comply with AS 39.50cr

2 AAC 50.010 2 AAC 50.200

by failing

to respond fully and within the time prescribed

to
a written request from the commission

or staff for further information

(EfE 9/9/78, Register

67; am 5114/80, Register 74, am 1/26/86, Register

97; am 7/20/95, Register 135; am 1/112001. Register 156) Authority:

AS 15.13.030

AS 39.50.050

AS 39.50.135 AS 39.50.020 2 AAC 50.140. Procedures

for incomplete statements from candidates

for elective municipal office.
(a) Seven days before the deadline

for withdrawal

of candidacy,

the staff of the commission shall provide the commission

n List of the candidates

for elective municipal office whose statements

are incomplete. (b) Upon receipt

of the list described

in (a) of this section,
the commission

will schedule

a meeting

to consider
the list. The staff of the commission shall noti’

a candidatefor elective muaicipsl office who

is on the list about the time, date, and place
of the meeting. Ic) If, at or after

a meeting scheduled under

) of this section, the commission determines
that

n candidate

for elective municipal office has not supplied required information

on

e major source

of income, interest

in real property, business interest, loan,
or trust, the commis sion will recommend
that the appropriate municipal clerk
or desig nated municipal official refuse

or return the candidate’s filing fees and filing for office and remove
the candidate’s name from the filing records. Cd) If information discovered after the withdrawal-of-candidacy deadline indicates that

a candidate

for elective municipal office has failed

to comply substantially
with the requirements

of AS 39.50

or 2 AAC 50.010—

2 AAC 50.200, the staff of the commission
shall undertake

a preliminary investigation under

2 MC 50.460. The staff shall report

its findings

to the commission.

The commission

will determine

the appropriate penalty. (Eff. 9/9/78, Register

61; am 1/26/86, Register

97; am 7/20/95, Register 135; am 11)12001, Register 156) Authority:

AS 15.13.030

AS 39.50.050

AS 39.50.060 AS 39.60.020

3062 AAC 50.143AmIINISTKATIU,J

2AAC50.200 2 SAC 50.143. Corrected incomplete statements.

If thestaff of the commission discovers

an obvious deficiency

on the lace of

a statement,

the staff shall notify the filer of the deficiency.

If the filer corrects the deficiency

byfiling

a statement that contains
the required information

no later than

15 ‘lays after the date of the staff’s notice, the staff (1) shall consider
the correction

to be

a fact
in mitigation

as described

in AS 39.50.135;
and (2) may not assess

a civil penalty under

2 AAC 50.110

or
2 AAC 50.135. (Eff. 7/20/95, Register 135)Authority:AS15.13.030AS39.50.060AS395)0.135AS30.50.030 2 SAC 50.145. Substantial

or continuing noncompliance.

Re pealed. (Eff. 1/26/86, Register

97; repealed 7/20/95, Register 135)Editor’snasaAsolTirgister135,Oc-50.145isboiLednt2MC50.110(c)nod2tobor1995.Lhesubstanceofformer2MCAAC50,135(j). 2 SAC 50300. Definitions.

As used

in AS 39.50 and

2 AAC 50.010—

2 AAC 50.200, unless the context requires otherwise, (1) 4 candidate” means

a candidate

for (A) state elective office; and (8) elective municipal office; (2) “child” has the meaning given

in AS 39.50.200(a); (3) “commission” means the Masks Public Offices Commission created under AS 15.13.O 2 0(a); (4) “executive branch public official” means

a public official within the definition given

in AS 39.50.200(a), except
for

a judicial officer

or a municipal officer; (5) ‘filer” means

a public official

as defined

in AS 39.50.200(a); (6) “gift” (A) means

a payment

or item
to the extent that consideration

of equal
or greater value

is not received; (B) includes U) forgiveness

of a loan, payment

of a loan by
a third party,
or an enforceable promise

to make

a payment except when full and adequate consideration

is received; (ii) the provision

of accommodations; (iii) the provision

of a ticket for travel

or for an entertainment event; (iv) the provision

of food or beverages other than food or beverages

for immediate consumption; (v) the granting

of
a discount

or rebate not extended

to the public generally

for

a good
or service; and (vi) the provision

or loan of goods

or services
for personal

or professional

use, including office expenses connected with hold3072 AAC 50.200 Ai.asic 2ADM!NISTRATIVK
ConK

2 AAC 50.200 ing public office, unless made

in exchange

for consideration

of equal
or greater value; and (C) does not include (1)

a political contribution; (ii)

a commercially reasonable
loan made

in the ordinary course

of business

in exchange

for consideration

of equal

or greater value;

or (iii) an inheritance; (7) “judicial officer” has the meaning given

in AS 39.50.200(a),

but does not include

a judicial officer who holds

a judiciaL office for less than 30 days; (8) “municipal officer” has the meaning given

in AS 39.50.200(a); (9) “source

of income” has the meaning given

in AS 39.50.200(a); (10) “spousal equivalent”

has the meaning given

in AS 39.50.200(a); (11) “statement” means

a statement

or report

of income sources and business interests required under AS 39.50; (12) “family member” means

a spouse, spousal equivalent,

or dependent child,
or the filer’s nondependent
child who lives with the filer; (13) “public official” has the meaning given

in AS 39.50.200(a). ir. 9/9/78, Register

67; am 7/20/95, Register
135; am 11112001, Register 156) Authority:

AS 15.13.030

AS 39.50.050ALASK

AD INISTRATIVE CODE Title

2 AdministrationAPRIL2005SUPPLEMENTINCLUDINGREGISTERS164THROUGH173 I LexisNexis[0456-462 AAC 50.010 ADMINISTRATIVE
CODE SUPPLEMENT

2 AAC 50.025 Chapter

50. Alaska Public Offices Commission: Conflict

of Interest, Campaign Disclosure, Legislative Financial Disclosure,

and Regulation

of Lobbying. Article 1. Public Official Financial Disclosure

(2 AAC 50.010 —2 MC 60.200) 2. Campaign Disclosure

(2 AAC 50.250—
2 AAC 50.405) 3. Masks Public Offices Commission Complaints

and Investigations

(2 AAC 60.450— 2 AAC 50.470) 5. Legislative Financial Disclosure

(2 AAC 50.705—
2 AM] 50.890) 6. General Provisions

(2 AAC 50.905—
2 A.AC 50.920) Article

1. Public Official Financial Disclosure. Section

Section 10. Reporting sources

of income from re- 100. Exemption from reporting name
of tail businesses

individual

as
a source

of income 25. Reporting sources

of income from 102. Commission consideration

of exemp rental property

tion requests 75. Reporting sources

of income from 200. Definitions 2 SAC 50.010. Reporting sources

of income from retail busi nesses. For the purposes

of reporting

a source

of income under AS 39.50.030(b),

a ifier shall report the name (1) and address

of a source

of income that

is a retail business;
and (2) of a customer

of a retail business that

is a source

of income,

if the customer (A) conducted business with the retail business through

a line of credit that extended through two or more billing cycles; (B) had an ongoing contract

to purchase goods
or services from the retail business;

or (C) paid the retail business more than $5,000
for

a good
or service ter receiving

a discount that was not available

to the general public. (Eff. 8/20/75, Register

55; am 5/16/76, Register

58; am 1/26/86, Register

97; am 7/20/95, Register 135; am 1/112001, Register 156; am 2/20/2005, Register 173) Authority:

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 SAC 50.025. Reporting sources

of income from rental prop erty. For the purposes

of reporting

a source

of income under AS 39.50.030(b)
from rental property located (1) within the state,

a ifier shall report the name
of a person that paid more than $5,000

in rent during the preceding calendar year; and2 AAC 50.075 ADMINISTRATION

2 AAC 50.100 (2) outside the state and managed

by

a (A) filer or the filer’s family member,
the filer shall report the name
of
a person that paid more than $5,000

in rent during the preceding calendar year;
or (B) person other than

a filer or the filer’s family member,
the filer shall report the name
of the manager. (Eff. 7/20/95, Register 135; am 1/112001, Register 156; am 2/20/2005, Register 173) Authority:

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 SAC 50.075. Reporting sources of income from gifts. For the purposes

of reporting

a source

of income under AS 39.50.030(b),

a filer shall report the name
of the donor
of a gift or
a series
of gifts
if the (1) value
of the gift or the cumulative value
of the series
of gifts from the donor

is over $250; (2) gift or series of gifts

is received

by the filer or the filer’s family member; and (3) donor

is not related

to the recipient

as
a spouse, domestic partner, parent, child, sibling, grandparent,
aunt, uncle, niece,

or nephew. (Elf. 7/20/95, Register 135; am 111/2001, Register
156; am 2/20/2005, Register 173) Authority:

AS 15.13.030

AS 39,50.030

AS 39.50.050 2 SAC 50.100. Exemption from reporting name
of individual as
a source

of income.

(a) A filer who seeks
an exemption from the requirement

to report the name

of

a source

of income under AS 39.50.030(b)

or
2 AAC 50.010—

2 AAC 50.200 shall request
the exemption from the commission. (b) ‘Lb request

an exemption under
(a) of this section,

a ifier shall file a written request
for exemption with the statement

for which the exemption

is requested.
The written request
for exemption must be on a form prescribed

by the commission

and must, for
a name for which
an exemption

is requested, (1) state the facts that support the exemption;
and (2) identil’
the exemption circumstances under
(c)— (j) of this section that applies

to the request. (c) A ifier may request

a mental health practice exemption

if during the preceding calendar year the (1) filer or the ifier’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation

in which

a mental health practitioner, including

a psychiatrist, psychologist,

or therapist, worked; (2) source

of income was an individual
who received mental health services from the mental health practitioner

and 612AAC50.100ADMINISTRATIVECODESUPPLEMENT2AAC50.100(3)incomewas receivedaspaymentforthementalhealthservices.(d)Afilermayrequestasensitivemedicalpracticeexemptionifduringtheprecedingcalendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)atleast67percentofthepatientsofthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporationconsistedofindividualswho(A)receivedmedicalservicesrelatedtoabortion,contraception,reproductivehealth,asexualdisorder,oraterminalillnessfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(B)were minors,andwho,unknowntotheirparentsorlegalguardians,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or(C)weremarried,andwho,unknowntotheirspouses, receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(3)thesourceof incomewasanindividualwhoreceivedmedicalservicesofanynaturefromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;and(4)theincomewasreceivedaspaymentforthemedicalservices.(e)Afilermayrequestasensitivemedicalprocedureexemptionifduringtheprecedingcalendaryearthe(1)filerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)sourceofincomewasanindividualwhoreceivedmedicalservicesrelatedtoabortion,contraception,reproductivehealth,asexualdisorder,oraterminalillnessfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;and(3)incomewasreceivedaspaymentforthemedicalservices.(0Afilermayrequestanembarrassingmedicalprocedureexemptionifduringtheprecedingcalendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)thesourceofincomewasa(A)minorwho,unknowntoaparentorlegalguardianoftheminor,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or622 AAC 50.100 ADMINISTRATION

2 AAC 50.100 (B) married individual who, unknown

to the individual’s spouse, received medical services from the sole proprietorship, partnership, limited liability partnership, professional corpora tion,
or corporation; (3) the income was received

as payment

for the medical services; and (4) reporting
the name
of the source
of income would tend
to cause a reasonable person

in the situation

of the source

of income substan tial concern, anxiety,

or embarrassment. (g) A filer may request

a legal services practice exemption

if during the preceding calendar year (1) the filer or the filer’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation where
an attor ney worked; (2) at least
67 percent

or more of the clients

of the sole proprietor ship, partnership, limited liability partnership, professional corpo ration,

or corporation consisted

of individuals
who were (A) minors, and who, unknown

to their parents

or legal guard ians, received professional legal services from the attorney;

or (B) married,
and who, unknown

to their spouses, received professional
legal services from the attorney; (3) the source

of income was an individual
who received legal services

of any nature from the sole proprietorship, partnership, limited liability partnership, professional corporation,

or corpora tion; and (4) the income was received

as payment

for the professional
legal services. (h) A filer may request

a legal services exemption

if (1) the filer or the filer’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation where
an attor ney worked; (2) the source

of income was

a (A) minor who, unknown

to
a parent

or legal guardian

of the minor, received professional
legal services from the attorney,

or (B) married individual who, unknown

to the individual’s spouse, received professional legal services from the attorney; (3) the income was received

as payment

for the professional legal services; and (4) reporting
the name
of the source

of income would tend
to cause a reasonable person

in the situation

of the source of income substan tial concern, anxiety,

or embarrassment. (i) A filer may request

a filer prohibition exemption

if the filer

is prohibited

by law from reporting the name
of a source

of income. 632 AAC 50.102 ADMINISTRATIVE
CODE SUPPLEMENT

2 AAC 50.102 U) A filer may request

a right
of source exemption

if the filer believes that reporting
the name
of a source

of income would violate

a right
of the source under the state
or federal constitution. (k)
A filer may request

a HIPAA exemption

if the filer believes that reporting

the name
of
a source

of income would disclose protected health information
that the filer
is prohibited from disclosing under
42 U.S.C. 1320d- 1320d-8 (Health Insurance Portability
and Accountabil ityAct(HIPAA)of1996).(Eff.

9/9/78, Register

67; am 5(14/80, Register 74; am 1/26/86, Register

97; am 7/20/95, Register
135; am 1/112001, Register 156; am 2/20/2005, Register 178) Authority:

AS 15.13.030

AS 39.50.035

AS 39.50.050 AS 39.50.030 2 SAC 50.102. Commission consideration

of exemption

re quests.

(a) For an exemption circumstance under

2 AAC 50.100(c), (d), (e), (g), (i), or (lQ, and no later than 30 days after the commission receives

a written exemption request that complies with

2 AAC 50.100(b),

the staff of the commission shall (1) grant the request,

if the facts stated

in the request satis& the exemption circumstance
upon which the request relies; and (2) send
to the filer,
at the address

on file with the commission,

a written notice
of the staff’s decision

to grant
or deny the exemption. (b) If under
(a) of this section the staff of the commission grants

a request,
the filer need not report the name
of the source

of the income for which the request

is made.

If the staff denies the request,
the filer shall,
no later than 30 days after the date of the staff’s written notice under
(a) of this section, (1) report the name
of the source

of income

as required under AS 39.50.030;

or (2) file with the commission

a notice
of appeal, which (A) must contain the information described

in 2 AM] 50.100(b); (B) must explain why the filer believes that the staff erred
in denying
the filer’s request
for exemption;

and (C) may include additional information
that the filer considers appropriate. (c) If the filer does not file

a timely written notice
of appeal under
(b) of this section, the decision

by the staff of the commission

is final, and may not be appealed

to the commission. (d) If the filer files

a timely notice
of appeal under (b) of this section, the commission

wiil hear the appeal

at the next scheduled meeting

of the commission, unless the commission,

in its discretion, finds good cause

to hear the appeal

at
a different meeting.

At the hearing,

an attorney may represent

the filer. Unless the commission provides otherwise,

the filer shall present the filer’s case first, and the staff of the commission
shall present

its case next. After the hearing,
the commission

will grant
or deny the request
for an exemption. 642 AAC 50.102 ADMINISTRATION

2 AAC 50.102 (e) For an exemption circumstance under

2 AAC 50.100(f),

(h), or (j), and no later than 30 days after the commission receives

a written exemption request that complies with

2 AAC 50.100(b),

the staff of the commission shall (1) determine whether
the facts stated

in the request sati$’ the requirements

of the exemption circumstance
upon which the request relies; (2) make

a preliminary finding, which recommends

that the commission grant
or deny the request; (3) send
to the filer,
at the address

on file with the commission,

a written notice
of the preliminary finding; and (4) submit the preliminary finding

to the commission

for action under

(0 of this section. U) After the staff of the commission

has submitted

a preliminary finding made under
(e) of this section, the commission

will (1) review the preliminary finding

at the next scheduled meeting of the commission, unless the commission,

in its discretion, finds good cause

to review the finding

at
a different meeting and (2) accept, reject,

or modi& the preliminary finding. (g) No later than 30 days after reviewing

a notice
of appeal under (d) of this section

or
a preliminary finding under

(0 of this section,
the commission

will send
to the filer,
at the address

on file with the commission, written notice
of the commission’s
final decision and an order granting

or denying
the request
for exemption. (h) If under
(g) of this section the commission (1) grants

a request
for exemption,

the filer need not report the name
of the source

of income; and (2) denies

a request
for exemption,

the filer shall (A) report the name
of the source

of income

as required under AS 39.50.030

no later than 30 days after the date of the commis sion’s order,

or (B) ifie

a notice
of appeal under AS 44.62.560. (i) If while considering

a request
for exemption

the commission

or the staff of the commission determines
that information
that the commission

or the staff has received

is protected

by
a state
or federal constitutional
right
or is legally privileged,

the commission

and the staff will keep the information confidential, without regard

to whether the filer claims the right
or privilege. (j) A filer does not violate
AS 39.50
or
2 AAC 50.010—

2 AAC 50.200 for failure

to report the name
of a source

of income

if the filer has requested

an exemption under

2 AAC 50. 100 and (1) the commission

has not issued

a written final decision and order regarding

a preliminary finding that the staff of the commiq sion has submitted under
(e) of this section;

or (2)

a notice
of appeal that the ifier has submitted under
(b) or (h) of this section

is under review. (Eff. 7/20/95, Register
185; am 2(20(2005, Register 173)

652 AAC 50.200ADMINISTRATIVE
ConESUPPLEMENT

2 AAC 50.200Authority:AS15.13.030

AS39.50.035AS39.50.050AS39.50.030 2 AAC 50.200. Definitions.

As used

in AS 39.50 and

2 AAC 50.010—
2 AAC 50.200, unless the context requires otherwise, (1) “candidate” means

a candidate

for (A) state elective office; and (B) elective municipal office; (2) “child” has the meaning given

in AS 39.50.200(a); (3) “commission” means the Alaska Public Offices Commission created under AS 15.13.020(a); (4) “executive branch public official” means

a public official within the definition given
in AS 39.50.200(a), except for

a judicial officer

or a municipal officer; (5) “filer” means

a public official

as defined

in AS 39.50.200(a); (6) “gift” (A) means

a payment

or item
to the extent that consideration

of equal

or greater value

is not received; (B) includes (i) forgiveness

of a loan, payment

of a loan by
a third party,

or an enforceable promise

to make

a payment except when flaIl and adequate consideration

is received; (ii) the provision

of accommodations; (iii) the provision

of a ticket for travel

or for an entertainment event; (iv) the provision

of food
or beverages other than food
or beverages

for immediate consumption; (v) the granting

of a discount

or rebate not extended

to the public generally

for

a good or service; and (vi) the provision

or loan of goods
or services
for personal

or professional

use, including office expenses connected with hold ing public office, unless made

in exchange

for consideration

of equal
or greater value; and (C) does not include (i)

a political contribution; (ii)

a commercially reasonable
loan made

in the ordinary course

of business

in exchange

for consideration

of equal

or greater value;

or (iii) an inheritance; (7) “judicial officer” has the meaning given

in AS 39.50.200(a),

but does not include

a judicial officer who holds

a judicial office for less than 30 days; (8) “municipal officer” has the meaning given
in AS 39.50.200(a); (9) “source

of income” has the meaning given

in AS 39.50.200(a); (10) repealed 2/20/2005; (11) “statement” means

a statement

or report

of income sources and business interests required under AS 39.50; 66.2AAC50.250ADMINISTRATION2AAC50.250(12)“familymember”meansaspouse,domesticpartner,ordependentchild;(13)“publicofficial”hasthe meaninggiveninAS39.50.200(a).(14)“domesticpartner”hasthemeaninggiveninAS39.50.200(a).(Eff.9/9/78,Register67;am7/20/95,Register135;am11112001,Register156;am2/20/2005,Register178)AuthoritylAS15.13030AS39.50.050

# ALASKA ADMINISTRATIVE CODE

TITLE 9- LAW Chapter 52
. Executive Branch Code of Ethics

Register 1 31
October 1994
with April 2005 Supple ment Including Registers 132 through 173

Published by Butterworth Legal Publishers
&
Lexis Nexis9 A,AC 52.010

LAW

9 AAC 52.040 CHAPTER

52. EXECUTIVE BRANCH CODE OF ETHICS.
110, Ethics files 120. Declaration

of potential violation

by member

of

a board

or commission 130, Designated supervisor’s report 140. Complaints 150, Personnel board notification 160. Confidentiality 170. Civil penalties

for multiple violations 180. Attorney general review

of agency policies 990. Definitions 9 AAC 52.010. APPEARANCE

OF IMPROPRIETY.

An appear ance
of impropriety
does not establish that an ethical violation exists. (Iff. 4/25/94, Register
130) Authority:

AS 39.52.110

AS 39.52.950 9 AAC 52.020. IMPROPER MOTIVATION.

A public officer may not take or withhold official action
on

a matter

if the action

is based
on an improper motivation.
(Eff. 4/24/94, Register
130) uthority:

AS 39.52.110

AS 39.52.950 9 AAC 52.030. WHEN MEMBERSHIP

IS SIGNIFICANT.

(a) If a public officer

is required

by statute

to be
a member

of a class and the public officer takes
or withholds official action

in
a matter that affects all members

of that class, the action

is not

a violation

of the Ethics Act or this chapter unless the officer receives significant financial

or per sonal benefit from the action

or takes
or withholds

the action based
on an improper motivation. (h) A public officer’s interest

in
a matter

by reason

of the officer’s membership

in
a large organization

or class

is significant

if the officer or an immediate family member

of the officer has

a significant personal financial interest

in the matter. (Eff. 4/24/94, Register 130) Authority:

AS 39.52.110

AS 39.52.950 9 AAC 52.040. UNWARRANTED BENEFITS

OR TREATMENT. (L) As used

in AS 39.52.120(a), “unwarranted benefits

or treatment” incLudes

Section Section ID. Ap’aranco

01 impropriety 20.

I npriqwr motivation 10. When membership

is significant ‘10. Unwarranted benefits

or treatment r.a. Use of state time, property, equip ment,
or other facilities 60. Gifts 70. Information disseminated

to the pub lic SO. State grants, contracts, leases, and loans 90. Outside employment

or service IlK). Restrictions

on employment
after leaving state service9kAC52.050ALASKAADMINISTRATIVECODE9AAC52.060(1)adeviationfromnormalproceduresfortheawardofabenefit,regardlessofwhethertheprocedureswereestablishedformallyorinformally,ifthedeviationisbasedontheimpropermotivation;and(2)anawardofabenefitifthepersonreceivingthebenefitwassubstantiallylessqualified,inlightoftheformalorinformalstandardssetoutfortheaward,thananotherpersonwhowasorreasonablyshouldhavebeenconsideredfortheawardiftheawardisbasedonanimpropermotivation.(b)Apublicofficermaynotgrantorsecureanunwarrantedbenefitortreatment, regardlessofwhethertheresultis inthebestinterestofthestate.(c)SubjecttotherequirementsofAS39.52.110,39.52.120,39.52.150,andAS39.90.020,neithertheEthicsActnorthischapterprohibitsapublicofficerfrom(1)consideringapersonwhohasarelationshipwithanofficerforastatecontractorjobifthepersonisconsideredonanequalbasiswithotherapplicants;or(2)consideringanindividual’spoliticalaffiliationor politicalsupportindeterminingwhethertoappointtheindividualtoastateboardorcommissionortohiretheindividualforanexemptorpartiallyexemptstatejob.(Eff.4/24/94,Register130)Authority:AS39.52.120AS39.52.9509AAC52050.USEOF’STATETIME,PROPERTY,EQUIPMENT,OROTHERFACILITIES.Apublicofficerwhousesstatetime,property,equipment,orotherfacilitiestobenefittheofficer’spersonalorfinancialinterestisnotinviolationofAS39.52.120(b)(3)iftheofficer’sdesignatedsupervisordeterminesthattheuseisinsignificant,theattorneygeneralhasnotissuedageneralopinionagainsttheuse, andtheattorneygeneraldoesnotadvisetheofficeragainsttheuse.(Eff.4/24/94,Register130)Authority:AS39.52.110AS39.52.120AS 39.52.9509AAC52.060.GIflS.(a)AsusedintheEthicsActandthischapter,agiftisatransferorloanofpropertyor provisionofservicestoapublicofficerfor lessthanfullvalue.Unlessrebuttedbyotherevidence, andoccasionalgiftworth$50or lessispresumednottobegivenundercircumstancesinwhichitcouldbereasonablyinferredthatthegiftisintendedto influenceanofficer’sperformanceofofficialduties,actions,orjudgment.(b)ForpurposesofAS39.52.130,travelorlodgingofanyvaluereceivedbyapublicofficerinconnectionwithatripthatthepublicofficertakesaspartoftheofficer’sofficialdutiesisnotanimpropergift409AAC52.070LAW9AAC 52.080ifthemonetaryvalueofthetravelorlodgingiscomparabletothecostthatthestatewouldhave hadtopay forthetravelorlodgingand(1)theheadoftheofficer’sagencydeterminesthatthegiftistothestate,nottotheofficer;or(2)thetravelorlodgingisincidentaltransportationbyorhospitalSityattheresidenceofanindividual.(Eff.4/24/94,Register130)Authority:AS39.52.130AS39.52.9509AAC52.070.INFORMATIONDISSEMINATEDTOTHEPUBLIC.(a)ForpurposesofAS39.140,informationhasbeendisseminatedtothepublicifithasbeenpublishedthroughnewspaperpublication;broadcastmedia;apressrelease;anewsletter;alegalnotice;anonconfidentialcourtfiling;apublishedreport;apublicspeech;orpublictestimonybeforethelegislature,aboard,oracommission.(b)Informationthatisavailabletothepublicbutthathasnotbeenpublishedasdescribedin(a)ofthissectionhasnotbeendisseminatedtothepublic.(Eff.4/24/94,Register130)Authority:AS39.52,140AS39.52.9509AAC52.080.STATEGRANTS,CONTRACTS,LEASES,ANDLOANS.(a)ForpurposesofAS39.52.150(b),astategrant,contract,orleaseiscompetitivelysolicitedifthegrant,contract,orlease(1)isawardedbycompetitivesealed biddingunderAS36.30.100—36.30.190orcompetitivesealedproposalsunderAS36.30.200—36.30.270;or(2)isawardedbyproceduressubstantiallysimilartocompetitivesealedbiddingorcompetitivesealedproposalsandAS36.30doesnotapplytotheawardingofthegrant,contract,orlease.(b)Ifastategrant,contract,lease,orloanisawardedbyorforapubhccorporation,board,orcommissionwithinadepartmentbutnotbyorfortheofficeofthecommissionerofthatdepartment,thenanemployeeoftheofficeofthecommissionerinthatdepartmentisnotconsideredtobeemployedbytheadministrativeunit awardingthegrant,contract,lease,orloan.(c)ForpurposesofAS 39.52.150(b)(,1),ifthepublicofficer wasnotemployedbytheadministrativeunitatthetimeastategrant,contract,urleasewascompetitivelysolicited,theofficer’ssubsequentemploymintbythatadministrativeunitdoesnotconstituteaviolationofAS39.52.150unlesstheofficertakesorwithholdsofficialactionwithrespecttotheadministrationofthegrant,contract,orlease.(d)ForpurposesofAS39.52.150(c),aloanisnotsubjecttofixedeligibilitystandardsiftheawardoftheloanissubjecttoreviewforulequacyofsecurityorotherdiscretionaryjudgmentconcerningrepaymentability.(Eff.4/24/94,Register130)419AAC 52.090ALASKAADMINISTRATIVECODE9AAC52.120Authority:AS39.52.150AS39.52.9509AAC52.090.OUTSIDEEMPLOYMENTORSERVICE.ForpurposesofAS39.52.170,apublicemployee’soutsideemploymentorservice,includingvolunteerservice,isincompatibleorinconflictwiththeproperdischargeofofficialdutiesiftheemployee’sdesignatedsupervisorreasonablydeterminesthattheoutsideemploymentorservice(1)takestimeawayfromtheemployee’sofficialduties;(2)limitsthescopeoftheemployee’sofficialduties;or(3)isotherwiseincompatibleorinconflictwiththeproperdischargeoftheemployee’sofficialduties.(Eff.4/24/94,Register130)Authority:AS39.52.170AS39.52.9509AAC52.100.RESTRICTIONSONEMPLOYMENTAFTERLEAVINGSTATESERVICE.(a)ForpurposesofAS39.52.180(a),“matter”doesnotincludethegeneralformulationof policy byapublicofficial.(b)ForpurposesofAS39.52.180(a),routine processingofdocuments,generalsupervisionofemployeeswithoutdirectinvolvementinamattei;orministerialfunctions notinvolvingthemeritsofamatterunderconsiderationbyanadministrativeunitdonotconstitute personalorsubstantialparticipationinamatterbyapublicofficer.(Eff.4/24/94,Register130)Authority:AS39.52.180AS39.52.9509AAC52.110.ETHICSFILES.(a)AdesignatedsupervisorshallmaintainanethicsfilecontainingEthicsActreports,advisoryopinions,advisoryopinionrequests,complaints,disclosures,anddeterminationsrelevanttothatsupervisor’sagency oradministrativeunit.(b)AdesignatedsupervisorshallsegregateconfidentialmaterialFfromotherethicsfilematerialthatisavailable forpublicinspection.(c)Anexecutivedirectorofaboardorcommissionmaymaintaintheethicsfileofthechairoftheboardorcommission.Theethicsfileofthechairofaboardorcommission maybecombinedwiththeethicsfileofthedesignatedsupervisorofthestaffoftheboardorcommission.(Eff.4/29/94,Register130)Authority:AS39.52.210AS39.52.230AS39.52.220AS39.52.9509AAC52.120.DECLARATIONOFPOTENTIALVIOLATIONBYMEMBEROFABOARDORCOMMISSION.(a)AdeclarationbyamemberofaboardorcommissionofthefactsandcircumstancesaboutamatterthatmayresultinaviolationofAS39.52.110—429AAC52.130LAW9AAC52.110AS39.52.190orthischaptermayserveasthedisclosureinwritingtothedesignatedsupervisorrequiredbyAS39.52.220if(1)the declarationismadeatarecordedpublicmeetingofeachboardandcommissiononwhichthememberserves;(2)atapeortranscriptofeachmeetingispreservedinaccordancewiththerecordsretentionscheduleoftheboardorcommission;and(3)amethodforidentifyingeachportionoftapeortranscriptcontainingthedeclarationisusedandtheidentificationsarepreserved.(b)AmemberofaboardorcommissionwhotakesorwithholdsanactionthatviolatestheEthicsActorthischapterwillnotbeheldliableundertheEthicsActfortheactionif(1)theactionistakenorwithheldinaccordancewithadetermination bythechairasdesignatedsupervisorortheboardundertheproceduressetoutinAS39.52.220;(2)thememberfullydisclosesallfactsreasonablynecessarytothedeterminationofthechairortheboard;and(3)theattorneygeneralhasnotadvisedthemember,chair,board,orcommissionthattheactionviolatestheEthicsActorthischapter.(Eff.4/29/94,Register130)Authority:AS39.52.220AS39.52240(d)AS39.52.9509AAC52.130.DESIGNATEDSUPERVISOR’SREPORT.(a)AdesignatedsupervisorshallsubmitthequarterlyreportdescribedinAS39.52.260duringthe45daysfollowingtheendofeachcalendarillutrter.(b)Anexecutivedirectorofaboardorcommissionmayfileaquarterlyreportonbehalfofthechairoftheboardorcommission.Thequarterlyreportfiledonbehalfofachairandthequarterlyreportofadesignatedsupervisorofthestaffofaboardorcommissionmaybecombinedintoonereport.(c)Ifaboardorcommissiondoesnotmeetduringacalendarquarter,andthedesignatedsupervisoroftheboardorcommissionnotifiestheattorneygeneralthatnomeeting,oractivityreportabletindertheEthicsActorthischapter,occurredduringthecalendarquarter,thanneitherthechairnorthedesignatedsupervisorofthestaffmustfileareportfortheboardorcommissionforthequarter.(Eff.4/24/94,Register130)Authority:AS39.52.260AS39.53.9509AAC52.140.COMPLAINTS.(a)Theattorneygeneralwill,intheattorneygeneral’sdiscretion,conductapreliminaryethicsinvestigationbeforeinitiatingoracceptingacomplaint.Apreliminaryethicsinvestigationandinformationdiscoveredinthecourseofapreliminary439 AAC 52.150 ALASKA ADMINISTRATIVE

CODE

9 AAC 52.160 ethics investigation

is confidential

to the same extent

as information discovered

in an ethics investigation conducted after the acceptance

of a complaint. (b) The attorney general will,
in the attorney general’s discretion, refer

a complaint

to the subject’s designated supervisor under AS 39.52.310(e)

and,
at the same time, accept the complaint

for an ethics investigation under AS 39.52.310(0

and (g). (c) If the attorney general refers

a complaint under AS 39.52.310(e) and the designated supervisor determines
that

a violation

of the Ethics Act or this chapter
has occurred,

the designated supervisor shall forward those findings

to the attorney general
for review under AS 39.52.310— AS 39.52.350. (d) If an ethics complaint does not allege

a violation

of the Ethics Act or this chapter

by the governoi; lieutenant governor;

or attorney general but,
in the course

of an ethics investigation, evidence

of

a potential violation

by the governol; -lieutenant governol;

or attorney general

is discovered,
then the attorney general will refer the matter

to the personnel board. The personnel board shall retain independent counsel

in the same manner

as if the complaint initially alleged those violations. (Eff. 4/24/94, Register
130) Authority:

AS 39.52.310

AS 39.52.950 9 AAC 52.150. PERSONNEL BOARD NOTIFICATION.

If inde pendent counsel appointed under AS 39.52.310(c) recommends action under AS 39.52.330,

the independent counsel shall notify the personnel board that action

to correct

or prevent

a violation

of the Ethics Act or this chapter has been recommended.

(Eff. 4/24/94, Register
130) Authority:

AS 39.52.330

AS 39.52.950 9 AAC 52.160. CONFIDENTIALITY.

(a) The attorney general will keep confidential

the information obtained

in the course

of an ethics investigation
that

is not relevant

to an accusation

or subsequent ethics proceedings. (b) The attorney general will,
in the attorney general’s discretion, forward information obtained

in the course

of an ethics investigation

to the subject’s designated supervisor

or other appropriate superior
for potential disciplinary action under AS 39.52.420. Information

for warded under this subsection remains confidential,

and the subject’s designated supervisor

or other appropriate superior may share the information
only with

a person who needs

to know the information

to consider potential disciplinary action. (c) A subject may not partially waive the confidentiality protection

of AS 39.52.840

or this chapter. (d) Nothing

in AS 39.52.340

or this section prevents

a person from disclosing

to
a third person information

the person learned indepen 441) AAC 52.170

LAW

9 AAC 52.990 (lent of the investigation conducted

by the attorney general, unless prohibited

by other laws. (e) Nothing

in this section prevents either the attorney general from withholding

or

a person From objecting

to the release

of information

or materials

in the possession

of the attorney general

on

a legal ground otht’r

th LH 1)110 prov

U loll by AS 39.52.340. (f) If, after
an ethics investigation,

the attorney general does not initiate formal proceedings,
then information

anti material discovered in the course

1)1 the ethics investigation,

as well as the existence

of the ethics investigation,
must remain confidential unless disclosure

is oth erwise permitted under the Ethics Act or this chapter. (g) If tile Lttorney general determines
that

a crime may have been committed

or may be committed,

the attorney general will,

in the attorney general’s discretion, release information obtained

in
a confi dential ethics matter

to an appropriate

law enforcement agency. (Eff. 4/24/94, Register
130) Authority:

AS 3952.340

AS 39.52.420

AS 39.52.950 9 AAC 52.170. CIVIL PENALTIES
FOR MULTIPLE VIOLA TIONS.

If one act violates more than one provision

of the Ethics Act, a civil penalty may be imposed

for each provision violated.

A civil penalty may be imposed each time

a provision

of the Ethics Act

is violated. (Eff. 4/24/94, Register
130) Authority:

AS 39.52.440

AS 39.52.950 9 AAC 52.180. ATTORNEY GENERAL REVIEW

OF AGENCY POLICIES.

The attorney general will approve

a written policy (IC scribed

in AS 39.52.920

if it is consistent with and furthers
the purposes of the Ethics Act and this chapter.

As

a condition

of approval,

the attorney genera] will require that the policy
be distributed

to employ- ees of the agency and to new employees

of the agency upon employ ment, and require that the policy
be centrally posted

in the agency’s offices. (Eff. 4/24/94, Register 130) Authority:

AS 39.52.920

AS 39.52.950 9 AAC 52.990. DEFINITIONS.

(a) In AS 39.52.419, “blind trust’ ineansatnist established tinder AS 39.50.040. (b) In the Ethics Act and
in this chapter (I) “hoard

or commission”

has the meaning given

in AS 39.52.960 and does not include

an entity created 111111cr only

a federal statute

or other non—state action; (2) “Ethics Act” means Alaska Executive Branch Ethics Act (AS 39.52);

45

# 9 AAC 52.990 ALASKA ADMINISTRATIVE



# CODE

9 AAC 52.990 (3) “executive director” includes

an executive secretary

to
a board or commission under AS 08 or the marine pilot coordinator under AS 08.62.050; (4) “improper motivation” means

a motivation

not related

to the best interests

of the state, and includes giving primary consideration to

a person’s (A) kinship

or relationship
with

a public officer; (B) financial association
with

a public officer; (C) potetial

for conferring

a future benefit

on

a public officer;

or (D) political affiliation; (5) “person”
has the meaning given

in AS 39.52.960
and includes governmental entities; (6) “personal gain” means

a benefit

to

a person’s

or immediate family member’s personal interest

or financial interest; (7) “public employee”

has the meaning given

in AS 39.52.960
and includes

a permanent employee

of an agency

on non-seasonal
leave without pay status, but does not include

an individual

on layoff status, a seasonal employee

of an agency during the period

of time that the employee

is not employed

by the agency,

or

a temporary employee

of an agency during the period

of time that the employee

is not em ployed

by the agency; (8) “state contract” includes employment
with the state, regardless of whether that employment

is evidenced

by

a written agreement, but does not include

a license

or other authorization
from the state
to do business

or to perform

a particular activity

in the state; and (9) “subject” means

an individual
who either (A)
is being investigated

for

a potential violation

of the Ethics Act or this chapter;

or (B)
is the individual against whom

a complaint

is filed under the Ethics Act or this chapteit (Eff. 4/24/94, Register 130) Authority:

AS 39.52.120(a)

AS 39.52.950 AS 

# 29.52.410

AS 39.52.960



# I

# ALASKA ADMINISTRATIVE CODE Title

9 Law APRIL 2005 SUPPLEMENT INCLUDING REGISTERS

132 THROUGH

173 

# LexisNexis 40470-349 AAC 52.010ADMINISTRATIVECODESUPPLEMENT

9 AAC 52.070 Chapter

52. Executive Branch Code
of Ethics.SectionSection10.Appearanceofimpropriety110.Ethicsfiles60.Gifts120.Declarationofpotentialviolationby70.Informationdisseminatedtothememberofaboardorcommissionpublic 9 AAC 52.010. Appearance

of impropriety.

An appearance

of impropriety
does not establish that an ethical violation exists. (Efi’. 4/24)94, Register 130)Publisher’snote:ThehistorylinefordirectionsfromtheDepartmentofLaw,inthisregulationissetoutabove,as ofordertocorrecttheeffectivedate,Register135(October1995),pursuantto 9 AAC 52.060. Gifts.
(a) As used
in the Ethics Act and this chapter,

a gift
is a transfer

or loan of property

or provision

of services to
a public officer for less than iiLill value. Unless rebutted

by other evidence,

an occasional
gift worth $50 or less
is presumed
not to be given under circumstances

in which

it could
be reasonably inferred that the gift
is intended

to influence

an officer’s performance

of official duties, actions,

or judgment. (b) For purposes

of AS 39.52.130, travel

or lodging

of any value received

by

a public officer

in connection with

a trip that the public officer takes

as part of the officer’s official duties

is not an improper
gift if the monetary value
of the travel

or lodging

is comparable

to the cost that the state would have had to pay for the travel

or lodging and (1) the head
of the officer’s agency determines
that the gift
is to the state, not to the officer;

or (2) the travel

or lodging

is incidental transportation

by or hospi tality

at the residence

of an individual.
(Eff. 4/24/94, Register 130)Authority:AS39.52.130AS39.52.950Publisher’snote:ThisregulationissetmentofLaw,inordertocorrectatypooutabove,as ofRegister133(April1995),graphicalerrorinthesecondsentenceinpursuanttodirectionsfromtheDepart-(a). 9 AAC 52.070. Information disseminated

to the public. (a) For purposes

of AS 39.52.140, information

has been disseminated to the public

if it has been published through newspaper publication; broadcast media;

a press release;

a newsletter;

a legal notice;

a nonconfldential
court filing;

a published report;

a public speech;

or public testimony before the legislature,

a board,

or
a commission. (b) Information
that

is available

to the public but that has not been published

as described

in (a) of this section has not been disseminated to the public. (Eff. 4/24/94, Register 130) 209AAC52.110LAW9AAC52.120Authority:AS39.52.140AS39.52.950Publisher’snote:ThisregulationissetmeatofLaw,inordertocorrectatypooutabove,asofRegister153(April2000),graphicalerrorin9AAC52.070(a).pursuanttodirectionsfromtheDepart9AAC52.110.Ethicsfiles.(Eff.4/24/94,Register130)Publisher’snote:ThehistorylinefordirectionsfromtheDepartmentofLaw,inthisregulationissetoutabove,asofordertocorrecttheeffectivedate.Register135(October1995),pursuantto9AAC52,120.Declarationofpotentialviolationbymemberofaboardorcommission.(Eff.4/24/94,Register130)Publisher’snote:ThehistorylinefordirectionsfromtheDepartmentofLaw,inthisregulationissetoutabove,asofordertocorrecttheeffectivedate.Registert35(October1995),pursuantto

# Alaska D epartment of Environmental Conservation

Amendments to State Air Quality Control Plan Volume II : Analysis of Problems, Control Action Section III. H .1. “ Interstate Transport of Lead Pollution ”

Public Review Draft March 2, 2012

Sean Parnell Governor Larry Hartig Commissioner

# Public Review Draft March 2, 2012

III.H

- ii This page serves as a placeholder for two

- sided copying.

# Public Review Draft March 2, 2012

III.H

- 4 Amendments to State Air Quality Control Plan, Volume II, Section III
. H , Subpart H .1 “Interstate Transport of Lead Pollution” (A new section to be inserted in section III.H
. )
4. PROVISIONS PROHIBITING REGIONAL TRANSPORT OF AIR POLLUT ANTS Pursuant to the requirements of the 1990 Clean Air Act (CAA) Amendmen ts, Sections 110(a) (2)(D)(i) (I)&(II) , Alaska’s State I mpleme ntation P lan (SIP) must “ contain adequate provision prohibiting ...any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will

— I. contribute significantly to nonattainment in, or interfere with maintenance by, any other

State with respect to any such national primary or secondary ambient air quality standard ; or
II. interfere with measures required to be included in the applicable implementation plan for any other State

... to prevent s ignificant deterioration of air quality or to protect visibility

. Alaska meets the requirements of CAA Section 110 (a)(2)(D)(i)(I) & (II) as follows :
I. A. Alaska d oes not contribute to nonattainment in any other S tate with respect to the 2008 lead primary o r secondary national ambient air quality standard s ( NAAQS ). This statement is based on the following information :

• At the present time (winter 2012), there are no designated lead nonattainment areas in

Alaska or the Pacific Northwest (i.e., Washington, Oregon and Idaho).

• Potential sources of atmospheric lead in Alaska are due primarily to the burning of

aviation gasoline , which contains tetraethyl

- lead, in piston

- engine aircraft

. Aviation gasoline is not refined or produced in Alaska. Alaska import s all of its aviation gasoline from one or two west coast refineries. The State of Alaska Department of Revenue’s Tax Division estimate for annual aviation gasoline sold in Alaska ranged between 16.5 million gallons in 2005 and 1 2. 3 million gallons in 20 1 0. 1 

# The majority of Alaska’s aviation gasoline is shipped into Alaska by tanker ship from Chevron’s Richmond, California oil refinery through Chevron’s shipping terminal and bulk fuel storage facility located in Anchorage. 2 

# From there, the aviation gasoline is distributed by truck to airports in Anchorage and Fairbanks and other interior Alaska airports located on the road system. Merrill Field airport is the largest general aviation airport in Alaska and is located with in the Municipality of Anchorage. Merrill Field airport has the greatest potential for public health impacts due to lead emissions from piston

- engine aircraft in Alaska because of its close proximity to Anchorage’s population center and its heavy piston

-

1 

# State of Alaska, Department of Revenue, Tax Division, 2005

- 2009 Annual Reports.

http://www.tax.alaska.gov/programs/sourcebook/index.aspx 2 

# : ADEC staff personal communication with Kirk Payne, Vice President , Delta Western , M ay 12 th 

# , 2010.

# Public Review Draft March 2, 2012

III.H

- 5 e ngine aircraft traffic. Merrill Field averaged 91,063 landings and takeoffs between 2002 and 2009. 3 

# Average, annual aviation gasoline consumption for this same time period was 590,493 gallons. This results in an average, annual total lead emission rate of 0.7 short tons (~ 1,400 pounds) per year for Merrill Field.

A mbient air quality data with regards to lead in Alaska are scarce . EPA and DEC, in conjunction with the Municipality of Anchorage, began monitoring for lead at the Merrill Field airport to determine if lead emissions from aviation gasoline used by piston

- engine aircraft are a concern for local residents. Lead monitoring at the Merrill Field airport commence d o n October 18, 2011

. S ource specific ambient lead monitoring related to operations at the Red Dog Mine , located in Noatak, has been initiated by DEC t o address feder al lead monitoring requirements

. A copy of DEC’s 2012 Noatak lead monitoring plan can be found at DEC’s website: http://www.dec.state.ak.us/air/am/am_airmonplan.htm

.

• The Yukon Territory and the Province of British Columbia, Canada lie between

Washington State and the border of Alaska. The southern border of Southeast Alaska is separated from the border of Washington State by over 5 00 nautical miles or 600 statute miles

. The Municipality of Anchorage and Fairbanks North Star Borough have the highest emissions of regulated air pollutants and are loc ated approximately 1,435 statute miles (1,247 nautical miles) and 2,244 statute miles (1,950 nautical miles) from Seattle, Washington, respectively

.
• In Alaska, t he regional, predominant low pressure wind patterns emanate from the Gulf

of Alaska in the west and travel inland towards the east , circulating in a counterclockwise direction. The se predominant low pressure wind patterns would not generally be expected to transport lead air pollutants long distances from Alaska to Washington State or the Paci fic Northwest. DEC concludes that Alaska does not contribute to nonattainment in any other State with respect to the 2008 lead primary or secondary NAAQS due to the distances involved, predominant weather patterns and scarcity of stationary lead emission sources in Alaska.

I.B. Alaska does not interfere with maintenance by any other State with respect to the 200 8 lead primary or secondary NAAQS. This statement is based on the following information:

• Currently (winter 2012), there are no ambient lead monitoring data available in Alaska

to conclude whether or not Alaska interferes with maintenance of the 2008 lead NAAQS in any other state.

• Alaska would not be expected to interfere with maintenance of the 2008 lead NAAQS

in any other state because t he southern border of southeast Alaska is separated from the border of Washington State by over 500 nautical miles or 600 statute miles. The

3 

# : ADEC staff personal communication with Darlene Sivyer, Office Manager, Merrill Field, May 11, 2010.

# Public Review Draft March 2, 2012

III.H

- 6 Municipality of Anchorage and Fairbanks North Star Borough have the highest emissions of regulated air pollutants and are located approximately 1,435 statute miles (1,247 nautical miles) and 2,244 statute miles (1,950 nautical miles) from Seattle, Washington, respectively

. • In Alaska, the regional, predominant low pressure wind patterns emanate from the Gulf

of Al aska in the west and travel inland towards the east , circulating in a counterclockwise direction. The se predominant low pressure wind patterns would not generally be expected to transport lead air pollutants long distances from Alaska to points south in W ashington State or the Pacific Northwest. DEC concludes that Alaska does not interfere with maintenance by any other State with respect to the 2008 lead primary or secondary NAAQS due to the distances involved, predominan t weather patterns and scarcity of stationary lead emissions sources in Alaska.

II. A. Alaska does not interfere with measures required to be included in the applicable implementation plan for any other State... to prevent significant deterioration of air quality . This statement is based on the following information :

• Alaska has a fully approved PSD/NSR program originally approved on February 16,

1995 (60 FR 8943) , and most recently approved on August 14, 2007 (72 FR 45378)

. Alaska adopted the 2008 lead NAAQS on February 17, 2010; this regulation became effective on April 1, 2010. DEC concludes that there are no stationary lead emission
sources in Alaska that would contribute to the significant deterioration of air quality in another state due to the distances involved , predominant weather patterns and scarcity of these sources in Alaska.
II.B. Alaska does not interfere with measures required to be included in the applicable implementation plan for any other State... to protect visibility. This statement is ba sed on the following information:

• Alaska submitted its Regional Haze SIP to EPA, in conjunction with its PM2.5 and

Ozone Interstate Transport SIP, in a transmittal letter dated March 29, 2010 to meet the requirements of federal Regional Haze regulations found at 64 FR 35714 (July 1, 1999) ; and to meet the requirements of EPA’s “ Finding of Failure To Submit State Implementation Plans Required by the 1999 Regional Haze Rule ” as published in 74 FR 2392 (January 15, 2009)

. DEC concludes that there are no new visibility protection obligations under CAA §110(a) (2) (D) or (J) as a result of the 2008 lead NAAQS.