DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

AIR QUALITY CONTROL

Public Comment Draft

March 2, 2012

Comment Period Ends

April 10, 2012, 5:00 p.m.

Sean Parnell

Governor

Larry Hartig

Commissioner
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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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 nitrogen dioxide concentrations 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, 98th percentile, daily maximum, one-hour nitrogen dioxide 

concentration is less than or equal to 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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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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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 

Intrastate 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 Intrastate Air Quality Control 

Region

Nitrogen dioxide February 8, 1988
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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). [THE EARLIEST 

DATE UPON WHICH THE 

DEPARTMENT DECLARES 

COMPLETE AN APPLICATION FOR A 

FACILITY OR MODIFICATION THAT 

INCLUDES INFORMATION REQUIRED 

UNDER 18 AAC 50.306 AND SHOWS 

AN INCREASE IN ACTUAL PM-10 

EMISSIONS EQUAL TO OR 

EXCEEDING 15 TONS PER YEAR.] 

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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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 

REGION] listed in Table 2 in (a) of this section;

(2) in areas designated as Class I, II, or III, increases in air pollutant 

concentration over the baseline concentration shall be limited to the concentrations in Table 3 in 

this subsection; 

(3) for any period other than an annual period, the applicable maximum 

allowable increase may be exceeded during one such period per year at any one location; [AND]

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

measured or predicted by a method described in 18 AAC 50.215; 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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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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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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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) For purposes of this section, the baseline concentrations within a baseline 

area are determined according to the provisions 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 

EMISSIONS OF A PSD MAJOR STATIONARY SOURCE FOR WHICH CONSTRUCTION 

COMMENCED BEFORE JANUARY 6, 1975, BUT THAT WAS NOT IN OPERATION BY 

THE BASELINE DATE; HOWEVER, THE BASELINE CONCENTRATION DOES NOT 

INCLUDE ACTUAL EMISSIONS FROM A PSD MAJOR STATIONARY SOURCE OR A 

PSD MAJOR MODIFICATION FOR WHICH CONSTRUCTION COMMENCED ON OR 

AFTER JANUARY 6, 1975; AND
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(2) FOR NITROGEN DIOXIDE, THE BASELINE CONCENTRATION IS THE 

AMBIENT CONCENTRATION OF THE AIR POLLUTANT ON THE APPLICABLE 

BASELINE DATE, PLUS THE CONTRIBUTION FROM ALLOWABLE EMISSIONS OF A 

PSD MAJOR STATIONARY SOURCE FOR WHICH CONSTRUCTION COMMENCED 

BEFORE FEBRUARY 8, 1988, BUT THAT WAS NOT IN OPERATION BY THE BASELINE 

DATE.]

... 

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 equal 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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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 following 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 

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

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

199; am ___/___/___, Register ___)

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

AS 46.14.020 AS 46.14.140

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 ___)
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

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 

Deterioration of Air Quality) and 40 C.F.R. 52 (Approval and Promulgation of Implementation 

Plans), as revised as of July 1, 2011 [AUGUST 2, 2010], 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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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 modified 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 INCLUDED 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 increase 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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(B) the highest multi-year average concentration when using a multiyear 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 SILs for PM-2.5 are in 40 C.F.R. 52.21(k)(2), adopted by 

reference in 18 AAC 50.040(h). There are no Class I SILs for any other air pollutant as of 

{adoption date of the regulations}. 
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(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 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 50.306(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 50.306(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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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 increase calculated at the 

discretion of the owner or operator as either an increase in 

(A) potential to emit that is greater than 

(i) 10 TPY of PM-10;

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; [OR]

(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; or
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(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 listed in 40 C.F.R. Part 51.165(a)(1)(iv)(C), adopted by reference in 18 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 46.03.020 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 50.540(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 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 violation 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 background 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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(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 

analysis 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 adequately characterizes the stationary source as it 

existed before the modification and, the sum of the highest ambient air 

concentration from the previous analysis plus the previous background 

concentration plus the highest predicted ambient air concentration 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

Commissioner
Public Review Draft March 2, 2012

This page serves as a placeholder 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 those 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, including 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 maintain 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 monitoring, enforcement of visible emission 

and dust control regulations, and local control measures to reduce motor vehicle carbon 

monoxide emissions. In addition, the interjurisdictional Southcentral Clean Air Authority 

has been established to aid the MOA and the 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 NonPoint & Mobile Source Program; and Monitoring & Quality Assurance Program.
Public Review Draft March 2, 2012

II-2

The Air Permits Program issues both construction and operating permits from offices in 

Anchorage, Fairbanks, and Juneau. The Air Permits Program also focuses on compliance 

assurance with an enforcement program and a regulation development team. 

The Air Non-Point & Mobile Source Program 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 section 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 Fairbanks, 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 Assurance Program is centered in Anchorage, 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 

appendix 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. 

Section 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 review 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. 
Public Review Draft March 2, 2012

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 regulatory 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 accounting 

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:

• established an ambient air quality standard for particulate matter smaller than 

10 microns (PM10);

• 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 PM10 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 regulations (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 federal 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 for enforcement options 

and to recognize 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 4th, 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 required 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 clarified 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 technology 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 standards 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. 

Municipality of Anchorage

The Southcentral Clean Air Authority (SCAA) includes the MOA and the MatanuskaSusitna 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) that 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 

Department 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 throughout 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 population 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 Section 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 formalized 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 Quality Control Plan

Vol. III: Appendices

Public Review Draft 

March 2nd, 2012

Sean Parnell

Governor 

Larry Hartig

Commissioner

1
The State of Alaska’s State Air Quality Control Plan, Volume III, Appendix to Volume II, 

Section II of this plan, is amended by removing the following regulations: 

• 18 AAC 50 Air Quality Control as amended through September 17, 2011; and

replacing 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, Appendix to Volume II, 

Section II of this plan, 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 Interest, 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). 

2
Placeholder for: 

ALASKA ADMINISTRATIVE CODE

TITLE 18- DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 50. Air Quality Control

as amended through {Adoption Date of Regulations}. 

3
ALASKA DEPARTMENT OF

 ENVIRONMENTAL CONSERVATION

Vol. III: Appendices 

Clean Air Act Section 110 Infrastructure 

Certification Documentation

Public Review Draft

March 2, 2012

Sean Parnell

Governor 

Larry Hartig 

Commissioner

4
This page serves as a placeholder for two-sided copying.

5
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 

National Ambient Air Quality Standard (NAAQS).

1

,

2 The purpose of this document is to 

demonstrate that the Alaska Department of Environmental Conservation (DEC) has the statutory 

and regulatory authority to implement CAA §110 (a) (2) (A)-(M) “infrastructure” elements for 

the following NAAQS:

• 1997 Ozone 8-hour NAAQS (62 FR 38856, July 18, 1997); 

• 1997 PM2.53

• 2006 PM2.5 annual and 24-hour NAAQS (71 FR 61144, October 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 states 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 the following 

Federal Implementation Plan (FIP) 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 (73 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 their 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 ozone 8-hour NAAQS; the 2006 PM2.5 24-hour and annual

NAAQS; and the 2008 lead NAAQS. By satisfying these CAA requirements, the 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 authorities 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. 

6
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 were established on July 1, 1971 in the 

following Alaska Statutes (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 CAA to carry out the statewide 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 is 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, Subpart L (51 FR 40673, Nov. 

7, 1986). 

DEC’s authority to act on behalf of the State of Alaska in any matter pertaining to the state air 

quality control plan is explicitly 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 monoxide and sulfur dioxide. The State of 

Alaska Air Quality Control Plan has since been revised and is adopted by reference in Alaska 

Administrative Code (AAC) in Title 18, Chapter 50, Section 030 (18 AAC 50.030).5

4 State of Alaska Air Quality Control Plan, Volumes 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 CAA (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.

7
Alaska’s statutes give DEC authority to promulgate regulations for implementing and enforcing

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 Clean 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 describes DEC’s 

current SIP programs and efforts addressing these same requirements. 

 • CAA § 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 

compliance 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 50.250);

• 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). 

8
On April 1, 2010, the 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 air 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 

Fairbanks North Star Borough (FNSB). This boundary was finalized by EPA in November 2009 

and became effective on December 14, 2009. DEC has formally commenced SIP planning 

activities, in cooperation with the FNSB, to update the SIP to include the FNSB PM2.5 nonattainment 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 attainment 

demonstration and adopt regulations to ensure that this 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 authority 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 Part 50 reference and 

interpretation 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 National 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. 

The 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 Control, signed June 30, 2011. 8 MOU between DEC and Fairbanks North Star Borough for Air Pollution Control, dated January 26, 2010. 

9
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 Deterioration (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 into the State 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, validated State & Local Air Monitoring Stations (SLAMS), and Special 

Purpose Monitoring (SPM) ambient air quality monitoring data are reported to the AMQA’s 

database manager. This person verifies 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, ambient 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). The ozone monitoring program was 

discontinued at the “Parkgate” site after review of the seasonal results. The ozone monitoring

equipment was moved to Wasilla, located in the Matanuska-Susitna Valley, for the 2011 

monitoring season. 

Lead Monitoring: Source specific, ambient, lead monitoring related to operations at the Red 

Dog Mine, located in Noatak, has 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, began 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 from Piston-Engine Aircraft Using Leaded 

Aviation Gasoline”, dated April 28, 2010. 

10
• §110(a)(2)(C) “include a program to provide for the 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 statutory 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). 

DEC’s PSD and Minor New Source Review Programs were approved by EPA on August 14, 

2007 (72 FR 45378). As stated previously, DEC adopted the 2006 PM2.5 24-hour and annual 

NAAQS on April 1, 2010 (see 18 AAC 50.010, as amended through April 13, 2011). On August 

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. 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 transmittal letter dated October 17, 

2011. 

On April 1, 2010, DEC adopted the 2008 ozone 8-hour NAAQS and the 2008 lead NAAQS (see 

18 AAC 50.010, as amended through September 17, 2011).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). The 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. 

11
• §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 measures 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 115 (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 submitted 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. These SIP amendments were intended to meet the regional haze program 

requirements found in 40 CFR §51.308; and also 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 Transport 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 NAAQS; or the 2008 lead NAAQS in another state; or interfere with 

measures required to be included in the SIP for any other state to prevent significant

deterioration of air quality or to protect visibility. Alaska is not subject to the “Rule to Reduce 

Interstate 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 calling 

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 

transmittal letter dated October 17, 2011. 

12
• §110(a)(2)(E)(i)(ii)(iii) “provide (i) necessary assurances that the state will have 

adequate 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 authorities 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). These 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 §110certification and for all 

future CAA §110 certification amendments to the SIP. 

There are no state air quality boards in Alaska, however, the DEC Commissioner, as an 

appointed official and the head of an executive agency, is required to file a financial disclosure 

statement annually by March 15th 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 local air quality 

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. 

13
DEC has formally commenced SIP planning activities, in cooperation with the FNSB, to update 

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 of 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 statutory 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 statutes regarding stationary source 

permit reporting 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 50.200 

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 the 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 reference 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 standards 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 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 

14
October 17, 2011. Ambient air quality and meteorological data that are 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 (SHLs) for 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 Department. 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 

PM2.5 episodes when air quality conditions warrant action. 

The three major municipalities in Alaska (MOA, FNSB, and CBJ) also 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 implementing 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.

15
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 fashion 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 “meet the applicable requirements of ... part C (relating to 

prevention of significant deterioration of air quality and visibility protection)”

· CAA Title I, Part A §121 Consultation Requirements: DEC’s statutory 

authority to consult and cooperate with officials 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 §127 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 also 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 Interstate 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 Fine 

Particulate Matter and Ozone” also called the “Interstate Air Quality Rule” (see 69 FR 4566, 

January 30, 2004). 

 

 

16
• §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 the Administrator” 

Air quality modeling by DEC is conducted under 18 AAC 50.215(b), ambient air quality analysis 

methods. Estimates 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 construction activity for a new or 

modified source, or to new sources outside the United States. 

DEC is currently (winter 2012) updating the baseline 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, it is anticipated that the PM2.5 baseline date and maximum allowable 

increase regulation revisions will be released for public notice during the winter of 2012. These 

regulations 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 statutory 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 (46.03.020 (3) (A)(B)). 

17
ALASKA ADMINISTRATIVE CODE

TITLE 2- ADMINISTRATION

Chapter 50. Alaska Public Offices Commission:

Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, 

and Regulation of Lobbying 

Article 1. Public Official Financial Disclosure 

Register 162 

October 2002

with 

April 2005 Supplement 

Including Registers 164 through 173

Published by

Lexis Nexis

18
2 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, 1in 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 re1ion 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 itIc

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

290
Authority: AS 15.13.030 AS 39.50.030 AS 39.50.050

2 AAC 50.015. Reporting sources of income from political

campaigns and gifts for office expenses. RepeaLed. (Eff. 1)26/86,

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

2 AAC 50.020. Reporting interests in real property. For the

purposes of reporting the identity and nature of an interest in realproperty underAS 39.50.030(b), a filer shall report a descriptLon of thenature of the interest held in the property nnd the address or otherlegal description of the property. (El!. 5/16/76, Register 58; am 7/20/95,

Register 135; am 1/1/2001, Register 156)

Authority: AS 15.13.030 AS 39.50.030 \S .19. ,0.050

2 AAC 50.025. Reporting sources of income from rental prop

erty. For the purposes of reporting a source of income underAS 39.50.030(b) from rental property located

(1) within the state, a filer shaLl report the name of a person that

paid more than $1000 in rent during the preceding calendar year;

and

(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 $1000 in rent during thepreceding calendar year; or

(B) person other than a filer or the filer’s family member, the

filer shall report the name of the manager. (El!. 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 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)

292
Authority: AS 15.13.030 AS 39.50.030 AS J9.50.050

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: AS 15.13.030 /sS 39.50.030 AS 39.50.060

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, Register 135; am 1)112001, Register 156)

Authority: AS 15.13.030 AS 39.50.050 AS 39.50.200

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)

Aathorit3n AS 15.13.030(15) AS 39,50.200(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

293
2 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;

294
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;

(2) source of income was an individual who received medical

services related to abortion, contraception, reproductive health, asexual disorder, or a terminal illness from the sole proprietorship,

partnership, limited liability partnership, professional corporation,

or corporation; and

(3) income was received as payment for the medical services.

(0

A fiLer may request an embarrassing medical procedure exeinp

tLon 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) the source of income was a

(A) minor who, unknown to a parent or legal guardian of the

minor, received medical services from the sole proprietorship,

partnership, limited liability partnership, professional corporation, or corporation; or

(B) married individual who, unknown to the individual’s

spouse, received medical services from the sole proprietorship,

partnership, limited liability partnership, professional corporation, or corporation;(3) the income was received as payment for the medical services;

and

(4) reporting the name of the source of incocne would tend to cause

a reasonable person in the situation of the source of income substantial 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

295
2 AAC 50.102 AlASKA AnMlNIgn&r1vK CODE 2 AAC 50.102

partnership, professional corporation, or corporation where an attorney worked;

(2) at least 67 percent or more ofthe 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 ofthe source ofincome 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 ofsource exemption ifthe 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

296
(8) must expinin why the filer believes that the staff erred ii,

denying the filer’s request for exemption; and

(C) may include additional information that the filer consnlcrs

appropriate.

(c) Ifthe filer does not file a timely written notice of appeal under h)

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 wiLl 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 stalTof

the commission shaLl present its case next. Alter the hearing. the

commission will grant or deny the request for an exemption.

(e) For an exemption circumstance under 2 AAC 50.100(1), (h), or

(fl and no later than 30 days after the comlilission receives a Writtenexemption request that complies with 2 AAC 50.100(1 ), the staff of thecommission shalL

(1) determine whether the facts stated in the request satisfy the

requirements of the exemption circumstance upon which the requestrelies;

(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 (I) of this section.

If) 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 meetinu

of the commission, unless the commission, in its discretion, findsgood cause to review the finding at a different nieeting; and

297
2 AAC 50.105 AIjshA A is’ 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, the

commission will send to the filer, at the address on file with the

commission, written notice of the commission’s final decision and anorder 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) 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: AS 15.13.030 AS 39.50.035 AS 39.50.050

AS 39.50.030

2 AAC 50.105. Filing. (a) The public officials named in

AS 39.50.200(a) who are required to file a statement underAS 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 ofthe

29S
2 AAC 50.101. Taking office. As used in AS 39.50.0

20(a), 

within

30 days after taking office” means within 30 days after the earlier ofthe following days:

(1) the day on which the filer first earns compensation for work;

(2) the day on which the filer takes the oath of office, (ElY. 7/20/95,

Register 135)

Authority: AS 15.13.030 AS 39.50,020 AS 39.50.050

2 AAC 60.108. Notice of filing requirement. (a) If the stall’ of

the commission determines that an executive branch public official ora judicial officer must file a statement under AS 39.50.020, the staff

shall send a written notice to the individual at the address on file with

the commission.

(b) The staff of the commission shall provide each municipality a

copy of the statement form and instruction manual for each municipal

officer and candidate subject to AS 39.50. (ElY. 7120/95, Register 135;

am 1/112001, Register 156)

Authority. AS 15. 13030 AS 39.50220 AS 39.50,050

2 AAC 50.110. Civil penalty for late or incomplete statements

from filers other than municipal officers. (a) Except as provided

under 2 AAC 50. 143, the staff of the commission shall assess a civilpenalty under AS 39.50.135 against a filer other than a municipal

officer on each day that the filer’s statement is late. A statement is lateor incomplete if it is not complete and filed

(1) 30 days after the commission sends notice under 2 AAC

50.108, for an initial statement from an executive branch publicofficial or judicial officer; and

(2) March 15, for an annual statement.

(b) For s statement required because a filer is an executive branch

public official, candidate ror state elective office, or judicial officer, the

299
2 AAC 50.112 AI.s,s Ajw,lINLcrRxrwE Coot 2 AAC 50.112

staffofthe 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 ofthe 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, thecommission 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) Ifthe 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

300
(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 theinformation included in a notice sent under (a) of this section;

(2) noti& the commission that the statement has been late for 30

days; and

301
2 AAC 50120 AlASKA AOMINISTICATIVK 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: AS 15.13.030 AS 39.50.060 AS 39.50.080

AS 39.50.020 AS 39.50.070 AS 39.50.130AS 39.50.050

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 Conduct to refer the

matter to 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
(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) Ifthe 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 39.50020(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: AS 15.13.010 ,‘iS 39.50.050 AS 3950.110

AS 39.50,020 AS 3950.060

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.

303
2 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.

304
(B) on or before the 30th day of lateness will cause the commis

sion to

Ii) request the nttorney general to initiate misdemeanor pro

ceedings under AS 39.50.060; and

(ii) take other action as appropriate to carry outAS 39,50.060;

(4) the amouat of the civil penalty assessable to date under (e) of

this section;

(5) that the civil penalty assessable uader (e) of this section

increases until the staterneat is filed; and

(6) the right of appeal under AS 39.50.135 and 2 AAC 50J12.

(e) The municipal clerk or designated official shall notir the com

mission by telegram or telephone of the name and address of anymunicipaL officer who filed a delinquent statement and the date on

which the Into statement was received by the clerk or designated

official. Upon notification of the receipt of a delinquent statement,commission staff shall

(1) assess a civil penalty of

(A) $1 a day for the first seven days a statement is delinquent;

and

(B) $5 a day for the eighth day and subsequent days of delin

quency; and

(2) within five days after notification by the municipal clerk or

designated official of receipt of a delinqueat statement, send a notice

of the civil penalty assessed against the municipal officer and a form

for appealing the assessment.

(I) If a municipal officer disputes the amount of a civil penalty

assessed under (e) of this section, the municipal officer, using the

affidavit appeal form provided under (e) of this section, may submit tothe commission an affidavit stating facts in mitigation within 30 days

of the date of the notice described in (e) of this section. The commissionwill review the affidavit under the procedures set out at 2 AAC 50.112.

(g) Repealed 7/20/95.

(h) Repealed 7/20/95.

305
2 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

306
2 SAC 50.145. Substantial or continuing noncompliance. Re

pealed. (Eff. 1/26/86, Register 97; repealed 7/20/95, Register 135)

Editor’s nasa As ol Tirgister 135, Oc- 50.145 is boiLed nt 2 MC 50.110(c) nod 2

tobor 1995. Lhe substance of former 2 MC AAC 50,135(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)

4candidate” 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 20(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 hold307
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 39.50.050
ALASK AD INISTRATIVE

CODE

Title 2

Administration

APRIL 2005 SUPPLEMENT

INCLUDING REGISTERS 164 THROUGH 173

I

LexisNexis

[0456-46
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 ofincome 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; and
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

61
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 fromthe sole proprietorship, partnership, limited liability partnership,professional corporation, or corporation;

(B) were minors, and who, unknown to their parents or legal

guardians, received medical services from the sole proprietorship,partnership, limited liability partnership, professional corporation, or corporation; or

(C) were married, and who, unknown to their spouses, received

medical services from the sole proprietorship, partnership, limitedliability partnership, professional corporation, or corporation;(3) the source of income was an individual who received medical

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 medical services.

(e)

A filer may request a sensitive medical procedure 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 liabilitypartnership, professional corporation, or corporation;

(2) source of income was an individual who 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; and

(3) income was received as payment for the medical services.

(0

A filer may request an embarrassing medical procedure exemp

tion 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) the source of income was a

(A) minor who, unknown to a parent or legal guardian of the

minor, received medical services from the sole proprietorship,partnership, limited liability partnership, professional corporation, or corporation; or

62
(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.

63
eporting 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, ifthe 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) Ifthe 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) Ifthe filer files

a timely notice of appeal under (b) ofthis 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.

64
(

) 

, 

t

e 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)

65
AS 39.50.030

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 ora 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 ofequal 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

ALASKA ADMINISTRATIVE CODE

TITLE 9- LAW

Chapter 52. Executive Branch Code of Ethics 

Register 131 

October 1994

with 

April 2005 Supplement 

Including Registers 132 through 173

Published by

Butterworth Legal Publishers 

& 

Lexis Nexis

47
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

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 service
(

) 

p

,

regardless of whether the procedures were established formally or

informally, if the deviation is based on the improper motivation; and

(2) an award of a benefit if the person receiving the benefit was

substantially less qualified, in light of the formal or informal stan

dards set out for the award, than another person who was or reasonably should have been considered for the award if the award is based

on an improper motivation.(b) A public officer may not grant or secure an unwarranted benefit

or treatment, regardless of whether the result is in the best interest of

the state.

(c) Subject to the requirements of AS 39.52.110, 39.52.120, 39.52.150,

and AS 39.90.020, neither the Ethics Act nor this chapter prohibits a

public officer from

(1) considering a person who has a relationship with an officer for

a state contract or job if the person is considered on an equal basis

with other applicants; or

(2) considering an individual’s political affiliation or political sup

port in determining whether to appoint the individual to a state boardor commission or to hire the individual for an exempt or partiallyexempt state job. (Eff. 4/24/94, Register 130)

Authority: AS 39.52.120 AS 39.52.950

9 AAC 52050. USE OF’ STATE TIME, PROPERTY, EQUIP

MENT, OR OTHER FACILITIES. A public officer who uses statetime, property, equipment, or other facilities to benefit the officer’s

personal or financial interest is not in violation of AS 39.52.120(b)(3) ifthe officer’s designated supervisor determines that the use is insignificant, the attorney general has not issued a general opinion against the

use, and the attorney general does not advise the officer against theuse. (Eff. 4/24/94, Register 130)Authority: AS 39.52.110 AS 39.52.120 AS 39.52.950

9 AAC 52.060. GIflS. (a) As used in the Ethics Act and this chap

ter, a gift is a transfer or loan of property or provision of services to apublic officer for less than full value. Unless rebutted by other evi

dence, and occasional gift worth $50 or less is presumed not to be givenunder circumstances in which it could be reasonably inferred that thegift 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 publicofficer takes as part of the officer’s official duties is not an improper gift

40
9 AAC 52.070. INFORMATION DISSEMINATED TO THE PUBLIC. (a) For purposes of AS 39.140, 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 nonconfidential court filing; a published report; a public speech; or publictestimony 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)

Authority: AS 39.52,140 AS 39.52.950

9 AAC 52.080. STATE GRANTS, CONTRACTS, LEASES, AND

LOANS. (a) For purposes of AS 39.52.150(b), a state grant, contract, orlease is competitively solicited if the grant, contract, or lease

(1) is awarded by competitive sealed bidding under AS 36.30.100 — 36.30.190 or competitive sealed proposals under AS 36.30.200 — 36.30.270; or

(2) is awarded by procedures substantially similar to competitive

sealed bidding or competitive sealed proposals and AS 36.30 does not

apply to the awarding of the grant, contract, or lease.(b) If a state grant, contract, lease, or loan is awarded by or for a

pubhc corporation, board, or commission within a department but not

by or for the office of the commissioner of that department, then an

employee of the office of the commissioner in that department is not

considered to be employed by the administrative unit awarding thegrant, contract, lease, or loan.

(c) For purposes of AS 39.52.150(b)(,1), if the public officer was not

employed by the administrative unit at the time a state grant, contract,

ur lease was competitively solicited, the officer’s subsequent employ

mint by that administrative unit does not constitute a violation of

AS 39.52.150 unless the officer takes or withholds official action withrespect to the administration of the grant, contract, or lease.

(d) For purposes of AS 39.52.150(c), a loan is not subject to fixed

eligibility standards if the award of the loan is subject to review forulequacy of security or other discretionary judgment concerning re

payment ability. (Eff. 4/24/94, Register 130)

41
9 AAC 52.090. OUTSIDE EMPLOYMENT OR SERVICE. For

purposes of AS 39.52.170, a public employee’s outside employment orservice, including volunteer service, is incompatible or in conflict withthe proper discharge of official duties if the employee’s designatedsupervisor reasonably determines that the outside employment orservice

(1) takes time away from the employee’s official duties;

(2) limits the scope of the employee’s official duties; or

(3) is otherwise incompatible or in conflict with the proper dis

charge of the employee’s official duties. (Eff. 4/24/94, Register 130)

Authority: AS 39.52.170 AS 39.52.950

9 AAC 52.100. RESTRICTIONS ON EMPLOYMENT AFTER

LEAVING STATE SERVICE. (a) For purposes of AS 39.52.180(a),“matter” does not include the general formulation of policy by a publicofficial.

(b) For purposes of AS 39.52.180(a), routine processing of documents,

general supervision of employees without direct involvement in a mattei; or ministerial functions not involving the merits of a matter underconsideration by an administrative unit do not constitute personal orsubstantial participation in a matter by a public officer. (Eff. 4/24/94,

Register 130)

Authority: AS 39.52.180 AS 39.52.950

9 AAC 52.110. ETHICS FILES. (a) A designated supervisor shall

maintain an ethics file containing Ethics Act reports, advisory opinions,

advisory opinion requests, complaints, disclosures, and determinationsrelevant to that supervisor’s agency or administrative unit.

(b) A designated supervisor shall segregate confidential material

F from other ethics file material that is available for public inspection.

(c) An executive director of a board or commission may maintain the

ethics file of the chair of the board or commission. The ethics file of thechair of a board or commission may be combined with the ethics file ofthe designated supervisor of the staff of the board or commission. (Eff.4/29/94, Register 130)Authority: AS 39.52.210 AS 39.52.230

AS 39.52.220 AS 39.52.950

9 AAC 52.120. DECLARATION OF POTENTIAL VIOLATION

BY MEMBER OF A BOARD OR COMMISSION. (a) A declaration

by a member of a board or commission of the facts and circumstances

about a matter that may result in a violation of AS 39.52.110 — 42
(b) A member of a board or commission who takes or withholds an

action that violates the Ethics Act or this chapter will not be held liableunder the Ethics Act for the action if

(1) the action is taken or withheld in accordance with a determina

tion by the chair as designated supervisor or the board under theprocedures set out in AS 39.52.220;

(2) the member fully discloses all facts reasonably necessary to the

determination of the chair or the board; and

(3) the attorney general has not advised the member, chair, board,

or commission that the action violates the Ethics Act or this chapter.

(Eff. 4/29/94, Register 130)

Authority: AS 39.52.220 AS 39.52240(d) AS 39.52.950

9 AAC 52.130. DESIGNATED SUPERVISOR’S REPORT. (a) A

designated supervisor shall submit the quarterly report described in

AS 39.52.260 during the 45 days following the end of each calendar

illutrter.

(b) An executive director of a board or commission may file a

quarterly report on behalf of the chair of the board or commission. The

quarterly report filed on behalf of a chair and the quarterly report of a designated supervisor of the staff of a board or commission may becombined into one report.

(c) If a board or commission does not meet during a calendar quarter,

and the designated supervisor of the board or commission notifies the

attorney general that no meeting, or activity reportable tinder the

Ethics Act or this chapter, occurred during the calendar quarter, than

neither the chair nor the designated supervisor of the staff must file areport for the board or commission for the quarter. (Eff. 4/24/94,

Register 130)

Authority: AS 39.52.260 AS 39.53.950

9 AAC 52.140. COMPLAINTS. (a) The attorney general will, in the

attorney general’s discretion, conduct a preliminary ethics investigation before initiating or accepting a complaint. A preliminary ethics

investigation and information discovered in the course of a preliminary

43
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 EthicsAct 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 attorneygeneral 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

44
g

, 

s 

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
(3) 

executive d

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
ALASKA ADMINISTRATIVE

CODE

Title 9

Law

APRIL 2005 SUPPLEMENT

INCLUDING REGISTERS 132 THROUGH 173

LexisNexis

40470-34
p

Section Section

10. Appearance of impropriety 110. Ethics files

60. Gifts 120. Declaration of potential violation by

70. Information disseminated to the member of a board or commission

public

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’s note: The history line for directions from the Department of Law, in

this regulation is set out above, as of order to correct the effective date,Register 135 (October 1995), pursuant to

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 servicesto a public officer for less than iiLill value. Unless rebutted by other

evidence, an occasional gift worth $50 or less is presumed not to begiven under circumstances in which it could be reasonably inferred

that the gift is intended to influence an officer’s performance of officialduties, 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 publicofficer takes as part ofthe officer’s official duties is not an improper gift

if the monetary value of the travel or lodging is comparable to the costthat 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: AS 39.52.130 AS 39.52.950

Publisher’s note: This regulation is set ment of Law, in order to correct a typoout above, as of Register 133 (April 1995), graphical error in the second sentence in

pursuant to directions from the Depart- (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)

20
9 AAC 52,120. Declaration of potential violation by member

of a board or commission. (Eff. 4/24/94, Register 130)

Publisher’s note: The history line for directions from the Department of Law, in

this regulation is set out above, as of order to correct the effective date.Register t35 (October 1995), pursuant to
Alaska Department 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 POLLUTANTS

Pursuant to the requirements of the 1990 Clean Air Act (CAA) Amendments, Sections 

110(a)(2)(D)(i) (I)&(II), Alaska’s State Implementation Plan (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 significant 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 does not contribute to nonattainment in any other State with respect to the 2008 

lead primary or secondary national ambient air quality standards (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 imports 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 12.3 million gallons in 2010.1 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 

within 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, May 12th, 2010. 
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III.H-5

engine 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. 

Ambient 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 commenced on October 18, 2011. 

Source specific ambient lead monitoring related to operations at the Red Dog Mine, 

located in Noatak, has been initiated by DEC to address federal 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 500 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 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 Alaska in the west and travel inland towards the east, circulating in a 

counterclockwise direction. These predominant low pressure wind patterns would not 

generally be expected to transport lead air pollutants long distances from Alaska to 

Washington State or the Pacific 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 2008

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 the 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.
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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 Alaska in the west and travel inland towards the east, circulating in a 

counterclockwise direction. These predominant low pressure wind patterns would not 

generally be expected to transport lead air pollutants long distances from Alaska to 

points south in Washington 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, predominant 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 based 

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.