DEPARTMENT OF 

 ENVIRONMENTAL CONSERVATION

18 AAC 50 

 Air Quality Control

As Amended through April 17, 2015

 

Bill Walker 

Governor 

Larry Hartig 

Commissioner 
IMPORTANT NOTE TO READER 

THE REGULATIONS REPRODUCED HERE HAVE BEEN PROVIDED BY THE 

DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A PUBLIC 

COURTESY. WHILE EVERY EFFORT HAS BEEN MADE TO ASSURE THE 

ACCURACY OF THE REPRODUCED VERSION, THE DEPARTMENT OF 

ENVIRONMENTAL CONSERVATION CANNOT GUARANTEE ITS ABSOLUTE 

ACCURACY. PAPER COPIES OF THE REGULATIONS AS ORIGINALLY FILED 

WITH THE LIEUTENANT GOVERNOR ARE AVAILABLE FROM THE 

DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 

THE REGULATIONS HAVE AN EFFECTIVE DATE OF APRIL 17, 2015, ARE IN 

REGISTER 214, AND WILL APPEAR IN OFFICIAL PUBLISHED FORM IN THE 

JULY 2015 SUPPLEMENT TO THE ALASKA ADMINISTRATIVE CODE. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Chapter 50. Air Quality Control. 

Article

1. Ambient Air Quality Management (18 AAC 50.005 - 18 AAC 50.110) 

2. Program Administration (18 AAC 50.200 - 18 AAC 50.260) 

3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390) 

4. User Fees (18 AAC 50.400 - 18 AAC 50.430) 

5. Minor Permits (18 AAC 50.502 – 18 AAC 50.560) 

6. (Reserved) 

7. Conformity (18 AAC 50.700 - 18 AAC 50.750) 

8. (Reserved) 

9. General Provisions (18 AAC 50.900 - 18 AAC 50.990) 

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

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

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

18 AAC 50.700 - 18 AAC 50.735, they replace all previous regulations in this chapter that were 

repealed simultaneously with the adoption of these regulations. The history line at the end of 

each section does not reflect the history of the replaced provisions before January 18, 1997. The 

numbering of sections is not related to the numbering before January 18, 1997. Previous amendments of this chapter are on file in the Office of the Lieutenant Governor and are found at 

Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Register 84, 11/1/82; Register 88, 

10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118, 5/11/91; Register 119, 

7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Register 125, 2/19/93; Register 126, 

4/7/93; Register 127, 7/8/93; Register 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; 

Register 131, 8/5/94; Register 131, 8/10/94; and Register 133, 1/4/95. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Article 1. Ambient Air Quality Management.

Section

 05. Purpose and applicability of chapter 

 10. Ambient air quality standards 

 15. Air quality designations, classifications, and control regions 

 20. Baseline dates and maximum allowable increases 

 25. Visibility and other special protection areas 

 30. State air quality control plan 

 35. Documents, procedures, and methods adopted by reference 

 40. Federal standards adopted by reference 

 45. Prohibitions 

 50. Incinerator emission standards 

 52. (Repealed) 

 55. Industrial processes and fuel-burning equipment 

 60. Pulp mills 

 65. Open burning 

 70. Marine vessel visible emission standards 

 75. Wood-fired heating device visible emission standards 

 80. Ice fog standards 

 85. Volatile liquid storage tank emission standards 

 90. Volatile liquid loading racks and delivery tank emission standards 

100. Nonroad engines 

110. Air pollution prohibited 

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

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

purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean Air Act). 

(b) The requirements of this chapter apply to any person who allows or causes air 

pollutants to be emitted into the ambient air. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 

171) 

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

AS 46.14.010 

18 AAC 50.007. Local government powers or obligations under a local air quality 

control program. Nothing in 18 AAC 50.010 – 18 AAC 50.110 alters a local government’s 

powers or obligations under a local air quality control program established under AS 46.14.400 

and other local laws, as applicable. (Eff. 2/28/2015, Register 213) 

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

 AS 46.14.010 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

air pollutants in the ambient air, measured, determined, or predicted by an analytical method 

described in 18 AAC 50.035 or 18 AAC 50.215, are established as follows: 

(1) for particulate matter, as follows: 

(A) for PM-10: a 24-hour average of 150 micrograms per cubic meter, 

with this standard being attained when the expected number of days in a calendar year 

with a 24-hour average concentration above 150 micrograms per cubic meter, as 

determined in accordance with 40 C.F.R. Part 50, Appendix K, adopted by reference in 

18 AAC 50.035(b), is less than or equal to one; 

 (B) for PM-2.5: 

 (i) an annual arithmetic mean concentration of 15.0 micrograms 

 per cubic meter, with this standard being attained when the three-year 

 average of the annual arithmetic mean concentration is less than or equal to 

 15.0 micrograms per cubic meter; for purposes of this sub-paragraph, a figure 

 must be rounded to the nearest .1 microgram per cubic meter, as required in 

 40 C.F.R. Part 50, Appendix N, sec. 4.3(a), adopted by reference in 18 AAC 

 50.035(b); 

 (ii) a 24-hour average concentration of 35 micrograms per 

 cubic meter, with this standard being attained when the three-year average 

 of the annual 98th percentile 24-hour concentration is less than or equal to 

 35 micrograms per cubic meter; for the purposes of the sub-paragraph, a figure 

 must be rounded to the nearest one microgram per cubic meter, as required in 

 40 C.F.R. Part 50, Appendix N, sec. 4.3(b), adopted by reference in 18 AAC 

 50.035(b);

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

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

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

exceeded more than once each year; and 

(C) three-hour average of 1300 micrograms per cubic meter not to be 

exceeded more than once each year; 

(D) one-hour average sulfur dioxide concentration of 196 micrograms per 

cubic meter, with this standard being attained when the three-year average of the annual, 

99th percentile, daily maximum, one-hour sulfur dioxide concentration is less than or 

equal to 196 micrograms per cubic meter, as determined in accordance with 40 C.F.R. 

Part 50, Appendix T, adopted by reference in 18 AAC 50.035(b); 

(3) for carbon monoxide: 

Deleted: day
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(A) eight-hour average of 10 milligrams per cubic meter not to be 

exceeded more than once each year; and 

(B) one-hour average of 40 milligrams per cubic meter not to be exceeded 

more than once each year; 

(4) for ozone: a daily maximum eight-hour average of .075 parts per million, 

with this standard being attained when the three-year average of the annual fourth-highest daily 

maximum eight-hour average ozone concentration is less than or equal to .075 parts per million; 

(5) for oxides of nitrogen, measured as nitrogen dioxide: 

 (A) annual average 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); 

(6) for lead: an arithmetic mean concentration over a three-month period of .15 

micrograms per cubic meter, with this standard being attained when the maximum arithmetic 

three-month mean concentration for a three-year period is less than or equal to .15 micrograms 

per cubic meter; 

(7) for reduced sulfur compounds, expressed as sulfur dioxide: 30-minute 

average of 50 micrograms per cubic meter not to be exceeded more than once each year; and 

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive 

eight hours not to be exceeded more than once each year. (Eff. 1/18/97, Register 141; am 

6/21/98, Register 146; am 10/1/2004, Register 171; am 4/1/2010, Register 193; am 9/17/2011, 

Register 199; am 1/4/2013, Register 205; am 4/17/2015, Register 214) 

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

AS 46.14.010 

 

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

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

federal administrator as "attainment," "nonattainment," or "unclassifiable." An area is designated 

"attainment" for a particular air pollutant if its air quality meets the ambient air quality standard 

for that air pollutant. If air quality does not meet the ambient standard for a particular air 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

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

area is designated "unclassifiable" for that air pollutant. 

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

(1) for carbon monoxide 

(A) repealed 2/20/2004 

(B) repealed 6/24/2004 

(2) repealed 4/17/2015. 

(3) for PM-2.5: Fairbanks and North Pole urban area. 

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

geographic areas in the state are 

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

(A) Cook Inlet Intrastate Air Quality Control Region; 

(B) Northern Alaska Intrastate Air Quality Control Region; 

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

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

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

which the area is designated "unclassifiable" or "attainment." 

Deleted: for PM-10, Mendenhall Valley area of Juneau
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Table 1. Air Quality Classifications

 Classification Geographic Area 

Class I areas Denali National Park including the Denali 

Wilderness but excluding the Denali 

National Preserve 

Bering Sea National Wildlife Refuge designated as a National Wilderness Area 

Simeonof National Wildlife Refuge 

designated as a National Wilderness Area 

Tuxedni National Wildlife Refuge designated as a National Wilderness Area 

Class II areas All other geographic areas in Alaska not 

classified as Class I or Class III 

Class III areas No areas in Alaska 

(d) The following areas are subject to maintenance plan requirements for carbon 

monoxide, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as 

part of the state air quality control plan: 

(1) the Municipality of Anchorage; 

(2) Fairbanks and North Pole urban area. 

(e) The following areas are subject to maintenance plan requirements for PM-10, as 

required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as part of the 

state air quality control plan: 

(1) Eagle River area of Anchorage; 

(2) Mendenhall Valley area of Juneau. (Eff. 1/18/97, Register 141; am 

2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/10/2004, Register 171; am 

12/9/2010, Register 196; am 10/6/2013, Register 208; am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

Editor's note: The nonattainment area and maintenance boundaries, the air quality 

control region boundaries, and the Class I area boundaries are depicted on maps in the state air 

quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and 

nonattainment area boundaries are described in 40 C.F.R. 81, as revised as of July 1, 2003. 

Deleted: area is
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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As of Register 154, July 2000, the regulations attorney made a technical revision under 

AS 44.62.125(b)(6) in Table 1 at 18 AAC 50.015(c)(2). 

18 AAC 50.020. Baseline dates and maximum allowable increases. (a) In an area 

designated nonattainment in 18 AAC 50.015(b), the provisions of this section do not apply to the 

nonattainment air pollutant. However, this section does apply to all other air pollutants listed in 

Table 2 in this subsection 

Table 2. Baseline Areas and Dates

Baseline Area 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 September 14, 2012 

Northern Alaska Intrastate 

Air Quality Control 

Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide June 1, 1979 

PM-10 November 13, 1978 

PM-2.5 November 2, 2012

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 under 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 

Sulfur dioxide November 10, 1986 

PM-10 To be established under 40 C.F.R. 

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h) 

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

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h) 

Deleted: To be established under 40 C.F.R. 52.21(b)(14)(ii), 

adopted by reference in 18 AAC 50.040(h)
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(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 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; 

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

measured or predicted by a method described in 18 AAC 50.215; and 

(5) a concentration may not exceed the ambient air quality standard described in 

18 AAC 50.010 for that pollutant. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Table 3. Maximum Allowable Increases 

Classification of area 

in 18 AAC 50.015(c) 

Table 1 Air Pollutant 

Maximum allowable 

increase (micrograms 

per cubic meter) 

CLASS I 

PM-10: 

Annual arithmetic mean ........................... 

24-hour maximum ................................... 

 .................. 4 

 .................. 8 

Sulfur dioxide: 

Annual arithmetic mean ........................... 

24-hour maximum ................................... 

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

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

 .................. 5 

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

Nitrogen dioxide: 

Annual arithmetic mean ........................... ................ 2.5 

PM-2.5: 

Annual arithmetic mean..................... 

24-hour maximum........................... 

..............1 

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

CLASS II 

PM-10: 

Annual arithmetic mean ........................... 

24-hour maximum ................................... 

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

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

Sulfur dioxide: 

Annual arithmetic mean ........................... 

24-hour maximum ................................... 

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

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

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

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

Nitrogen dioxide: 

Annual arithmetic mean ........................... ................. 25 

 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 

Nitrogen dioxide: 

Annual arithmetic mean ........................... ................. 50 

PM-2.5: 

Annual arithmetic mean..................... 

24-hour maximum........................... 

..............8 

.............18 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(c) Repealed 10/1/2004. 

(d) Repealed 10/1/2004. 

(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). 

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

reference in 18 AAC 50.040. 

(g) For purposes of this section, the baseline area is every part of an air quality control 

region described in 18 AAC 50.015 that is designated as attainment or unclassifiable, and 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: 

 (1) equal to or greater than one microgram per cubic meter on an annual average 

basis for sulfur dioxide, nitrogen dioxide, or PM-10; 

 (2) equal to or greater than 0.3 micrograms per cubic meter on an annual average 

basis for PM-2.5. (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 1/4/2013, Register 205; am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

18 AAC 50.025. Visibility and other special protection areas. (a) Visibility special 

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

designated visibility special protection areas: 

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

Savage River Campground area; 

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

vicinity of Wonder Lake; and 

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

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

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

PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic meter of air. 

The Mendenhall Valley area of Juneau is designated a wood smoke control area. 

 

(c) Special protection areas for sulfur dioxide are established to prevent the violation of 

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

dioxide. The following areas are designated as special protection areas for sulfur dioxide: 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

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

(2) in the St. Paul Island area, the land and water areas south of UTM Northing 

6333.00 kilometers (57 8' 29" N latitude) and within 0.6 kilometers of St. Paul Island. 

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

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

Editor's note: Complete descriptions of the special protection areas designated in this 

section, including maps, are provided in the state air quality control plan adopted by reference in 

18 AAC 50.030. 

18 AAC 50.030. State air quality 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 March 12, 2015, are adopted by reference. The plan includes the following 

documents which are also adopted by reference: 

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

April 1994; 

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

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

28,sec. 2; 

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

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

Loading Racks, as amended through December 10, 1992; 

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

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

(5) Repealed 6/21/98. 

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

December 1992; 

(7) repealed 9/17/2011; 

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

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

2008; 

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

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

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

Deleted: December 24, 2014
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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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 8/1/2012, Register 203; am 5/8/2013, Register 206; 2/5/2015, Register 213; am 

4/17/2015, Register 214) 

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

AS 46.14.020 AS 46.14.140

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

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

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

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

The following documents are adopted by reference: 

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

August 2008; 

(2) Workbook for Plume Visual Impact Screening and Analysis (revised), 

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

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

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

December 2007; 

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications, 

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

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration 

(PSD), EPA-450/4-87-007, May 1987; 

(6) the department’s Title V Standard Applications and Forms, revised as of 

March 2012; 

(7) AERSCREEN User’s Guide, EPA-454/B-11-011, dated March 2011; 

(8) Quality Assurance Handbook for Air Pollutant Measurement Systems; 

Volume IV; Meteorological Measurements Version 2.0 (EPA-454/B-08-002). 

(b) The following procedures and methods set out in 40 C.F.R., revised as of February 

27, 2014, are adopted by reference: Deleted: July 1, 2011
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(1) 40 C.F.R. Part 50, Appendices A, C, D, F, G, J, K, L, N, P, Q, R, S, and T; 

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

(3) repealed 4/17/2015; 

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

(A) ASTM D1946-90(1994)e1, Standard Practice for Analysis of 

Reformed Gas by Gas Chromatography; and 

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

Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter. 

 (5) 40 C.F.R. Part 60, Appendices A-F; 

 (6) 40 C.F.R. Part 63, Appendix A. 

(c) This subsection adopts the methods and procedures listed in this subsection for use 

by the department in permits for compliance monitoring. Nothing in this subsection is intended 

to limit the department’s discretion to require in a permit issued under this chapter compliance 

with the requirements of other methods or procedures on a case by case basis. The following 

methods and procedures are adopted by reference: 

(1) ASTM D 129-00, Standard Test Method for Sulfur in Petroleum Products 

(General Bomb Method), approved January 10, 2000; 

(2) ASTM D 1266-98, Standard Test Method for Sulfur in Petroleum Products 

(Lamp Method), approved February 10, 1998; 

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

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

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

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

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

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

1998; 

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

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

1999; 

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

Sulfur in Coal, approved March 30, 1990; 

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

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

Deleted: 40 C.F.R. Part 58, Appendix B
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

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

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

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

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

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

Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence 

Detection, approved April 10, 1996; 

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

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

(14) ASTM D 4913-89( Reapproved 1995), Standard Practice for Determining 

Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical 

Detectors, approved February 24, 1989; 

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen 

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

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

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

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

of Coal and Coke Using High-Temperature Tube Furnace Combustion Methods, approved April 

10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 

2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, 

Register 176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 

193; am 9/17/2011, Register 199; am 4/8/2012, Register 202; am 9/14/2012, Register 203; am 

1/4/2013, Register 205; am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 

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

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

18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office. 

For information on how to obtain a copy of the EPA publication AP-42 referred to in this 

section, contact EPA's InfoCHIEF information line at (919) 541-5285. 

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

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

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

(610) 832-9585; fax (610) 832-9555. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

15 

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

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

as of March 19, 2014, are adopted by reference as they apply to a Title V source: 

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

Information); 

(2) the following subparts: 

(A) Subpart D (Standards of Performance for Fossil-Fuel-Fired Steam 

Generators); 

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

Generating Units); 

(C) Subpart Db (Standards of Performance for Industrial – Commercial - 

Institutional Steam Generating Units); 

(D) Subpart Dc (Standards of Performance for Small Industrial – 

Commercial - Institutional Steam Generating Units); 

(E) Subpart E (Standards of Performance for Incinerators); 

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

Combustors for Which Construction is Commenced After December 20, 1989 and on or 

Before September 20, 1994) and Subpart Eb (Standards of Performance for Large 

Municipal Waste Combustors for Which Construction is Commenced After September 

20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 

1996); 

(G) Subpart Ec (Standards of Performance for 

Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced 

After June 20, 1996); 

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

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

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

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

Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced 

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

Deleted: as

Deleted: April 24, 2013
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced 

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

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

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

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

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

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

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

1973); 

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

Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced 

After January 20, 1983); 

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

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

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

(T) Subpart Y (Standards of Performance for Coal Preparation and 

Processing Plants); 

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

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

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

Plants); 

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

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

Asphalt Roofing Manufacture); 

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

in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction 

Reconstruction, or Modification Commences After January 5, 1981, and on or Before 

November 7, 2006); 

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals); 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification 

Commenced After January 4, 1983 and on or Before November 7, 2006); 

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

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

VOC from Onshore Natural Gas Processing Plants); 

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

Processing: SO2 Emissions); 

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

Processing Plants); 

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

Petroleum Refinery Wastewater Systems); 

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

in Mineral Industries); 

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

Landfills); 

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

Industrial Solid Waste Incineration Units for Which Construction Is Commenced After 

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

After June 1, 2001); 

(KK) the provisions of Subpart AAA (Standards of Performance for New 

Residential Wood Heaters), except that the operator of a wood stove may demonstrate 

compliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the 

permanent label required by 40 C.F.R. 60.536; 

(LL) Subpart DDDD (Emissions Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste Incineration Units that Commenced Construction 

on or before November 30, 1999); 

(MM) Subpart EEEE (Standards of Performance for Other Solid Waste 

Incineration Units for Which Construction is Commenced After December 9, 2004, or for 

Which Modification or Reconstruction is Commenced on or After June 16, 2006); 

(NN) Subpart FFFF (Emission Guidelines and Compliance Times for 

Other Solid Waste Incineration Units That Commenced Construction on or Before 

December 9, 2004); 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(OO) Subpart IIII (Standards of Performance for Stationary Compression 

Ignition Internal Combustion Engines); 

(PP) Subpart JJJJ (Standards of Performance for Stationary Spark Ignition 

Internal Combustion Engines); 

(QQ) Subpart KKKK (Standards of Performance for Stationary 

Combustion Turbines); 

(RR) Subpart LLLL (Standards of Performance for New Sewage Sludge 

Incineration Units); 

(SS) Subpart MMMM (Emissions Guidelines and Compliance Times for 

Existing Sewage Sludge Incineration Units); 

(TT) Subpart Ja (Standards of Performance for Petroleum Refineries for 

Which Construction, Reconstruction, or Modification Commenced After May 14, 2007); 

(UU) Subpart VVa (Standards of Performance for Equipment Leaks of 

VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which 

Construction, Reconstruction, or Modification Commenced After November 7, 2006); 

(VV) Subpart GGGa (Standards of Performance for Equipment Leaks of 

VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification 

Commenced After November 7, 2006); 

(WW) Subpart OOOO (Standards of Performance for Crude Oil and 

Natural Gas Production, Transmission and Distribution); 

(3) the provisions of Appendices A - I. 

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for 

Hazardous Air Pollutants), revised as of February 27, 2014, are adopted by reference as they 

apply to a Title V source: 

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

Information); 

 (2) the following subparts: 

(A) Subpart E (National Emission Standard for Mercury); 

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

Emission Sources) of Benzene); 

Deleted: as 

Deleted: July 1, 2012
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

(Fugitive Emission Sources)); 

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

Benzene Storage Vessels); and 

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

(F) the Standard for Demolition and Renovation under 40 C.F.R. 61.145 

and, as they apply to activities subject to 40 C.F.R. 61.145, 40 C.F.R. 61.141, 40 C.F.R. 

61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, and Appendix A to Subpart M 

(Interpretive Rule Governing Roof Removal Operations); 

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

(4) Appendices A, B, and C. 

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for 

Hazardous Air Pollutants), revised as of February 27, 2014, are adopted by reference as they 

apply to a Title V source: 

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

(2) Subpart B (Requirements for Control Technology Determinations for Major 

Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)), except that 

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

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 

63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutant 

major source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA 

administrator has failed to promulgate an emission standard within 18 months after the 

deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112(e));

(3) Subpart D (Regulations Governing Compliance Extensions for Early 

Reductions of Hazardous Air Pollutants); 

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

Cleaning Facilities); 

(5) Subpart N (National Emission Standards for Chromium Emissions From Hard 

and Decorative Chromium Electroplating and Anodizing Tanks); 

(6) Subpart Q (National Emission Standards for Hazardous Air Pollutants for 

Industrial Process Cooling Towers); 

Deleted: as 

Deleted: April 24, 2013
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(7) Subpart R (National Emission Standards for Gasoline Distribution Facilities: 

Bulk Gasoline Terminals and Pipeline Breakout Stations); 

(8) Subpart T (National Emission Standards for Halogenated Solvent Cleaning);

(9) Subpart Y (National Emission Standards for Marine Tank Vessel Loading 

Operations); 

(10) Subpart CC (National Emission Standards for Hazardous Air Pollutants 

from Petroleum Refineries); 

(11) Subpart DD (National Emission Standards for Hazardous Air Pollutants 

from Off-Site Waste and Recovery Operations); 

(12) Subpart GG (National Emission Standards for Aerospace Manufacturing and 

Rework Facilities); 

(13) Subpart HH (National Emission Standards for Hazardous Air Pollutants 

from Oil and Natural Gas Production Facilities); 

(14) Subpart II (National Emission Standards for Shipbuilding and Ship Repair 

(Surface Coatings)); 

(15) Subpart JJ (National Emission Standards for Wood Furniture Manufacturing 

Operations); 

(16) Subpart KK (National Emission Standards for the Printing and Publishing 

Industry); 

(17) Subpart HHH (National Emission Standards for Hazardous Air Pollutants 

from Natural Gas Transmission and Storage Facilities); 

(18) Subpart LLL (National Emission Standards for Hazardous Air Pollutants 

From the Portland Cement Manufacturing Industry); 

(19) Subpart UUU (National Emission Standards for Hazardous Air Pollutants 

for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur 

Recovery Units); 

(20) Subpart AAAA (National Emission Standards for Hazardous Air Pollutants: 

Municipal Solid Waste Landfills); 

(21) Subpart EEEE (National Emission Standards for Hazardous Air Pollutants: 

Organic Liquids Distribution (Non-Gasoline)); 

(22) Subpart YYYY (National Emission Standards for Hazardous Air Pollutants 

for Stationary Combustion Turbines); 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(23) Subpart ZZZZ (National Emission Standards for Hazardous Air Pollutants 

for Stationary Reciprocating Internal Combustion Engines); 

(24) Subpart GGGGG (National Emission Standards for Hazardous Air 

Pollutants: Site Remediation); 

(25) Subpart PPPPP (National Emission Standards for Hazardous Air Pollutants 

for Engine Test Cells/ Stands); 

(26) Subpart LLLLLL (National Emission Standards for Hazardous Air 

Pollutants for Acrylic and Modacrylic Fibers Production Area Sources);

(27) Subpart MMMMMM (National Emission Standards for Hazardous Air 

Pollutants for Carbon Black Production Area Sources); 

(28) Subpart NNNNNN (National Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds); 

(29) Subpart OOOOOO (National Emission Standards for Hazardous Air 

Pollutants for Flexible Polyeurathane Foam Production and Fabrication Area Sources); 

(30) Subpart PPPPPP (National Emission Standards for Hazardous Air Pollutants 

for Lead Acid Battery Manufacturing Area Sources); 

(31) Subpart QQQQQQ (National Emission Standards for Hazardous Air 

Pollutants for Wood Preserving Area Sources); 

(32) Appendix A (Test Methods Pollutant Measurement Methods from Various 

Waste Media); 

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

(34) Subpart BBBBBB (National Emission Standards for Hazardous Air 

Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline 

Facilities); 

(35) Subpart CCCCCC (National Emission Standards for Hazardous Air 

Pollutants for Source Category: Gasoline Dispensing Facilities); 

(36) Subpart EEEEEEE (National Emission Standards for Hazardous Air 

Pollutants: Gold Mine Ore Processing and Production Area Source Category); 

(37) Subpart DDDDD (National Emission Standards for Hazardous Air 

Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process 

Heaters). 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(38) Subpart UUUUUU (National Emission Standards for Hazardous Air 

Pollutants: Coal- and Oil-Fired Electrical Utility Steam Generating Units); 

(39) Subpart JJJJJJ (National Emission Standards for Hazardous Air Pollutants 

for Area Sources: Industrial, Commercial, and Institutional Boilers). 

(d) The provisions of 40 C.F.R. Part 82, revised as of July 22, 2013, are adopted by 

reference to the extent that they apply to a Title V source. 

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.98, revised as of July 1, 2014, as 

they apply to a Title V source and for purposes of a Title V permit, are adopted by reference. 

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), 

revised as of July 1, 2013, are adopted by reference. 

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State 

Plans for Designated Facilities and Pollutants), revised as of September 6, 2013, are adopted by 

reference as they apply to a Title V source: 

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

Combustors Constructed on or Before September 20, 1994); 

(2) Subpart GGG (Federal Plan Requirements for Municipal Solid Waste 

Landfills That Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or 

Reconstructed Since May 30, 1991); 

(3) Subpart HHH (Federal Plan Requirements for Hospital/Medical/Infectious 

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

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

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

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

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

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

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

Implementation Plans), revised as of December 9, 2013, are adopted by reference: 

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

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

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

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

Deleted: as 

Deleted: July 1, 2012

Deleted: as 

Deleted: March 18, 2013

Deleted: as 

Deleted: July 1, 2012

Deleted: as 

Deleted: July 1, 2012

Deleted: as 

Deleted: April 1, 2013
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

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

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

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

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

those provisions have the meanings give in AS 46.14.990: 

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

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

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

installation”); 

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

(v) 40 C.F.R. 52.21(b)(8) (“construction”); 

(vi) repealed 1/4/2013; 

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

those provisions have the meanings given in 18 AAC 50.990; 

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

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

(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). 

(5) repealed 1/4/2013; 

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

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

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

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

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

(11) 40 C.F.R. 52.21(m) (Air Quality Analysis); 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

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

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

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

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

(17) repealed 7/25/2008; 

(18) repealed 7/25/2008; 

(19) repealed 7/25/2008; 

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

(A) mass balance calculations as authorized under 40 C.F.R. 

52.21(aa)(12)(ii)(a) are also acceptable for activities using coating or solvents or for 

activities emitting sulfur dioxide from the combustion of fuel; 

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

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

activities using coating or solvents or from activities emitting sulfur dioxide from the 

combustion of fuel. 

(21) repealed 4/17/2015.

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), revised as 

of July 1, 2013, text setting out provisions that a state implementation plan shall or may contain 

is adopted by reference as follows: 

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

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

those provisions have the meanings given in AS 46.14.990: 

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

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

installation”); 

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

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

Deleted: 40 C.F.R. 52.22 (Enforceable Commitments for Further 

Actions Addressing the Pollutant Greenhouse Gases (GHGs)).

Deleted: as 

Deleted: July 1, 2013
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

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

those provisions have the meaning given in 18 AAC 50.990: 

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

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

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

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

(4) 40 C.F.R. 51.165(a)(5); 

(5) 40 C.F.R. 51.165(a)(6); 

(6) 40 C.F.R. 51.165(f) (Actuals PALs), except as follows: 

(A) mass balance calculations as authorized under 40 C.F.R. 

51.165(f)(12)(ii)(A) are also acceptable for activities using coating or solvents or for 

activities emitting sulfur dioxide from the combustion of fuel; 

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

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

activities using coating or solvents or from activities emitting sulfur dioxide from the 

combustion of fuel. 

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), revised as of July 

1, 2013, are adopted by reference as they apply to a Title V source, except as provided in 

18 AAC 50.326: 

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

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

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

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

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Renewal, Reopenings, and 

Revisions); 

(6) 40 C.F.R. 71.8 (Affected State Review); 

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

Deleted: as 

Deleted: July 1, 2012
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record, Public 

Participation, and Administrative Review); 

(9) repealed 4/17/2015.

(k) The provisions of 40 C.F.R. Part 64, revised as of July 1, 2013, are adopted by 

reference to the extent that they apply to a Title V source. (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 9/14/2012/ Register 203; am 

1/4/2013, Register 205; am 10/6/2013, Register 208; am 11/9/2014, Register 212; am 4/17/2015, 

Register 214) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030 

AS 46.14.010 

Editor's note: The federal standards adopted by reference in 18 AAC 50.040 may be 

reviewed at the department's Anchorage, Fairbanks, or Juneau office. 

The owner or operator of an affected facility subject to a federal emission standard that is 

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

Environmental Protection Agency. 

As of Register 199 (October 2011), the regulation attorney made a technical revision 

under AS 44.62.125(b)(6), to 18 AAC 50.040(a). 

The July 1, 2011 publication of 40 C.F.R., Part 60, Subparts LLLL and MMMM contain 

printing errors: Annotations that follow those provisions incorrectly describe the United States 

Environmental Protection Agency as having indefinitely delayed their effective dates. 

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

comply with this chapter, except that dilution air may be used at a sulfur recovery plant with a 

maximum production rate of 20 long tons per day or less to comply with the 500 ppm sulfur 

dioxide requirement of 18 AAC 50.055(c). 

(b) A person who owns or operates a stationary source that emits an air pollutant subject 

to this chapter shall ensure that the stationary source complies with this chapter and any other 

applicable local, state, or federal law. 

(c) A person may not construct, operate, or modify a stationary source that will result in 

a violation of the applicable emission standards or that will interfere with the attainment or 

maintenance of ambient air quality standards. 

(d) A person who causes or permits bulk materials to be handled, transported, or stored, 

or who engages in an industrial activity or construction project shall take reasonable precautions 

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

Deleted: 40 C.F.R. 71.13 (Enforceable Commitments for Further 

Actions Addressing Greenhouse Gases (GHGs)). 

Deleted: as 

Deleted: July 1, 2012
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

27 

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

compliance with 18 AAC 50.110. 

 (f) Subject to (g) of this section, as used in this section, "dispersion technique" means a 

technique that attempts to reduce the concentration of an air pollutant in the ambient air by 

(1) using that portion of a stack that exceeds good engineering practice stack 

height; 

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

conditions or ambient concentrations of that air pollutant; or 

(3) increasing exhaust gas plume rise by 

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

stack parameter; 

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

or 

(C) other selective handling of exhaust gas streams. 

 

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

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

emission control system; 

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

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

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

an emission control system is installed and results in a net reduction in the allowable emissions 

of the controlled air pollutant; or 

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

emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year. (Eff. 

1/18/97, Register 141; am 10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030 

AS 46.14.010 

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust 

effluent of an incinerator, including an air curtain incinerator, may not be reduced by visible 

emissions, excluding condensed water vapor, by more than 20 percent averaged over any six 

consecutive minutes. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (b) Particulate matter emissions from an incinerator may not exceed the particulate 

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

Table 4. Particulate Matter Standards for Incinerators

Incinerator Particulate Matter Standard 

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

Rated capacity greater than or equal to 1,000 but 

less than 2,000 pounds per hour 

0.15 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide 

and standard conditions, averaged over 

three hours 

Rated capacity greater than or equal to 2,000 

pounds per hour 

0.08 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide 

and standard conditions, averaged over 

three hours 

An incinerator that burns waste containing more 

than 10 percent wastewater treatment plant sludge 

by dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 

0.65 grams per kilogram of dry sludge 

input 

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

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

AS 46.14.010 AS 46.14.030 

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

Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171) 

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

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

equipment may not reduce visibility through the exhaust effluent by 

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

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

(2) more than 30 percent averaged over any six consecutive minutes for fuelburning equipment in operation before November 1, 1982, and using more than 20 percent 

woodwaste as fuel; 

(3) more than 55 percent for a urea prilling tower in operation before 

July 1, 1972, averaged over any six consecutive minutes, nor more than 40 percent, based on a 

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

1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

asphalt plant constructed or modified after June 11, 1973; 

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

emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or 

modified after November 1, 1982; 

(6) 10 percent or greater averaged over any six consecutive minutes for a 

pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982; 

(7) 10 percent or greater averaged over any six consecutive minutes for process 

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

November 1, 1982; 

(8) 20 percent or greater averaged over any six consecutive minutes for a kiln 

constructed or modified at a portland cement plant after November 1, 1982; and 

(9) more than 20 percent for more than three minutes in any one hour for a coal 

burning boiler that began operation before August 17, 1971, except for an additional three 

minutes in any one hour if 

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

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

issued under this chapter; 

(B) the owner or operator of the boiler monitors visible emissions by 

continuous opacity monitoring instrumentation that 

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, 

Appendix B, adopted by reference in 18 AAC 50.040; and 

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

successive 15-second period; 

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

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

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

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

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

(D) the federal administrator approves a stationary source-specific 

revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the 

application of this opacity limit instead of the opacity limit otherwise applicable under 

this section. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(b) Particulate matter emitted from an industrial process or fuel-burning equipment may 

not exceed, per cubic foot of exhaust gas corrected to standard conditions and averaged over 

three hours, 

(1) 0.05 grains, except as provided in (2) - (6) of this subsection, (d) - (f) of this 

section, and 18 AAC 50.060; 

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

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

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

(C) municipal wastes; 

(3) 0.1 grains for an industrial process in operation before July 1, 1972, except as 

provided in (6) of this subsection; 

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

1982, and using more than 20 percent woodwaste as fuel; 

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

or 

(6) 0.04 grains for a urea prilling tower. 

(c) Sulfur-compound emissions, expressed as sulfur dioxide, from an industrial process 

or from fuel-burning equipment may not exceed 500 ppm averaged over a period of three hours, 

except as provided in (d) - (f) of this section and 18 AAC 50.060. 

(d) At a petroleum refinery, emissions from the following sources, constructed or 

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

(1) for a catalytic cracking unit catalyst regenerator 

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

burnoff; 

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

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

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

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur 

compounds, expressed as sulfur dioxide, at zero percent oxygen on a dry basis, if the air 

pollutants are not oxidized before release to the atmosphere; and 

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

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

(A) for equipment burning only fuel gas, the concentration of uncontrolled emissions that would result from burning fuel gas containing 230 milligrams 

hydrogen sulfide per dry standard cubic meter; 

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

(C) for fuel-burning equipment that burns a combination of fuel gas and 

other fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the total fuel burned in the 

equipment. 

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

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

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

of exhaust gas at standard conditions; and 

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

cubic meter of exhaust gas at standard conditions. 

(f) At a portland cement plant, emissions from the following sources, if constructed or 

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

(1) for a clinker cooler, 0.050 kilograms of particulate matter per 1,000 kilograms 

of feed on a dry basis to the kiln; and 

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

a dry basis. 

(g) Release of materials other than process emissions, products of combustion, or 

materials introduced to control pollutant emissions from a stack at a stationary source 

constructed or modified after November 1, 1982, is prohibited, except as authorized by a 

construction permit, Title V permit, or air quality control permit issued before October 1, 2004. 

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002, 

Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 

196) 

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

AS 46.14.010 AS 46.14.030 
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18 AAC 50.060. Pulp mills. Average emissions per ton of air dried pulp produced from 

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

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

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

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

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

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

AS 46.14.010 AS 46.14.030 

 

18 AAC 50.065. Open burning. (a) General Requirements. Except when conducting 

open burning under (g), (h), or (i) of this section, a person conducting open burning shall comply 

with the limitations of (b) - (f) of this section and shall ensure that 

(1) the material is kept as dry as possible through the use of a cover or dry 

storage; 

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

practicable; 

(3) natural or artificially induced draft is present; 

(4) to the greatest extent practicable, combustibles are separated from grass or 

peat layer; and 

(5) combustibles are not allowed to smolder. 

(b) Black Smoke Prohibited. Except for firefighter training conducted under (h) or (i) 

of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, 

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

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

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

Alaska, adopted by reference in 18 AAC 50.035. Open burning approved under this subsection 

is subject to the following limitations: 

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

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

the fluids in a more environmentally acceptable manner; 

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

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

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

this subsection, require public notice as described in (j) of this section. 
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(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or 

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

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

(d) Adverse Effects Prohibited. Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or 

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

nearby persons or property. 

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

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

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

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

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

(f) Wood Smoke Control and PM-2.5 Nonattainment Areas. Open burning is 

prohibited between November 1 and March 31 in each wood smoke control area identified in 

18 AAC 50.025(b) and in each PM-2.5 nonattainment area identified in 18 AAC 50.015(b)(3). 

In a PM-2.5 nonattainment area, a local air quality open burn permit program may replace the 

seasonal open burning prohibition in this section if the program 

 (1) does not cause or contribute to violations of the PM-2.5 ambient air quality 

standards set out in 18 AAC 50.010; and 

 (2) is part of a local air quality plan included in the State Air Quality Control 

Plan, adopted by reference in 18 AAC 50.030. 

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

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

department approval if the area to be burned exceeds 40 acres yearly. The department will, in its 

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

(h) Firefighter Training: Structures. A fire service may open burn structures for 

firefighter training without ensuring maximum combustion efficiency under the following 

circumstances: 

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

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

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

likely to adversely affect public health in the neighborhood of the structure; 

(B) visually identify materials in the structure that might contain asbestos, 

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

(C) ensure that the structure does not contain 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(i) putrescible garbage; 

(ii) electrical batteries; 

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

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

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

(v) hazardous waste; 

(vi) lead piping; 

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

more; or 

(viii) urethane or another plastic foam insulation; 

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

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

structure; 

(2) the fire service shall ignite and conduct training on only one main structure 

and any number of associated smaller structures at a time; examples of associated smaller 

structures are garages, sheds, and other outbuildings; and 

(3) the fire service shall respond to complaints in accordance with (k) of this 

section. 

(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the 

department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up 

to 600 gallons yearly for firefighter training without ensuring maximum combustion efficiency. 

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

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

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

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

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

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

burning does not have local news media. The public notice must be issued as directed by the 

department and must 

(1) state the name of the person conducting the burn; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

(3) provide a telephone number to contact the person conducting the burn before 

and during the burn; 

(4) for a surprise fire drill, state 

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

(B) the beginning and ending dates of the period during which a surprise 

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

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

and location of the open burning. 

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

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

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

including to the extent feasible; 

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

complained; 

(B) a short summary of each complaint; and 

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

each complaint; and 

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

(2) of this subsection. (Eff. 1/18/97, Register 141; am 2/28/2015, Register 213) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

AS 46.03.710 AS 46.14.020 Sec. 30, ch. 74, SLA 1993 

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

Alaska coastline, visible emissions, excluding condensed water vapor, may not reduce visibility 

through the exhaust effluent of a marine vessel by more than 20 percent except as follows: 

(1) while at berth or at anchor, visibility may be reduced by up to 100 percent for 

periods aggregating no more than 

(A) three minutes in any one hour; and 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

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

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

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

may be reduced under one, but not both, of the following options: 

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

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

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

anchor or make fast to the shore, visibility may be reduced under one, but not both, of the 

following options: 

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

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

(4) at any time not covered by (1) - (3) of this section, visibility may be reduced 

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

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

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

AS 46.14.010 

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

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

(1) black smoke; or 

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

any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245 or 

18 AAC 50.246, except during the first 15 minutes after initial firing of the device; visible 

emissions are measured following opacity reading procedures as required under 40 C.F.R., Part 

60, Appendix A, Method 9, adopted by reference in 18 AAC 50.040, as modified in Volume III, 

sec. IV-3, Appendix IV-3, of the State Air Quality Control Plan, adopted by reference in 

18 AAC 50.030; alternatively, visible emissions may be measured using the alternative method 

to Method 9, ALT-082, approved and revised by EPA as of May 17, 2012. 

(b) A person may not operate a wood-fired heating device in an area for which the 

department has declared an air quality episode under 18 AAC 50.245. 
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(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), 

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

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

Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2, adopted by reference in 18 AAC 50.030. 

(d) A person may operate a wood-fired heating device in an area for which the 

department has declared a PM-2.5 air quality episode under 18 AAC 50.246 or under emergency 

episode provisions included in a local air quality plan incorporated in the State Air Quality 

Control Plan, adopted by reference in 18 AAC 50.030, only if 

 (1) visible emissions or opacity from the wood fired heating device is below the 

opacity limits identified in the episode announcement for that area as defined in the State Air 

Quality Control Plan, adopted by reference in 18 AAC 50.030; or 

 (2) the owner or operator of the wood-fired heating device obtains a written 

temporary waiver from the department or local air quality control program from the opacity 

limits identified in the episode announcement; the department or local air quality program may 

grant a temporary waiver after considering 

 (A) financial hardship information provided by the owner or operator; 

 (B) technical feasibility information provided by the owner or operator; 

 (C) potential impact to locations with populations sensitive to exposure to 

PM-2.5; locations under this subparagraph include hospitals, schools, child care facilities, health 

clinics, long-term care facilities, assisted living homes, and senior centers; 

 (D) mitigation measures implemented by the owner or operator to prevent 

adverse health impacts to individuals sensitive to exposure to PM-2.5; and 

 (E) the contribution of the device to the exceedance of the PM-2.5 

concentration triggering the episode announcement. (Eff. 1/18/97, Register 141; am 5/6/2009, 

Register 190; am 2/28/2015, Register 213) 

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

AS 46.14.010 AS 46.14.030 

 

 Editor’s note: The alternative to EPA Method 9, ALT-082, addressed in 18 AAC 

50.075(a)(2) is available at the department’s Anchorage, Fairbanks, and Juneau offices, and can 

be obtained by contacting the Department of Environmental Conservation, Division of Air 

Quality, at (907) 465-5100. The document is also available from the United States 

Environmental Protection Agency, Technology Transfer Network, Emission Measurement 

Center, at http://www.epa.gov/ttn/emc/tmethods.html 

 

 

 

 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 18 AAC 50.076. Solid fuel-fired heating device fuel requirements; registration of 

commercial wood sellers. (a) A person operating a solid fuel-fired heating device in an area 

identified in 18 AAC 50.015(b)(3) may use only the following fuels: 

 (1) for wood-fired heating devices, and subject to additional limitations under (b) 

of this section, 

 (A) wood, if not prohibited under (c) of this section; 

(B) the following wood products, if made wholly from wood not 

prohibited under (c) of this section: 

 (i) wood pellets; 

 (ii) manufactured compressed wood logs; 

 (iii) bricks; 

 (iv) pucks; 

(C) manufacturer-recommended starter fuels, including home heating oil, 

propane, natural gas, or wood-based material for dual fuel-fired hydronic heaters; 

(D) biomass fuels approved by the manufacturer; 

(2) for coal-burning devices, 

 (A) coal; 

 (B) coal pellets; 

(3) for all solid fuel-fired heating devices, a fuel that is approved by the 

manufacturer and not prohibited under (c) of this section. 

(b) Not earlier that October 1, 2015, and between October 1 and March 31 of each year, 

a person operating a wood-fired heating device in an area identified in 18 AAC 50.015(b)(3) may 

use only the following fuels: 

 (1) dry wood, if not prohibited under (c) of this section; 

 (2) the following wood products, if made wholly from wood not prohibited under 

(c) of this section; 

 (A) wood pellets; 

 (B) manufactured compressed wood logs; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (C) bricks; 

 (D) pucks; 

 (3) manufacturer-recommended starter fuels, including home heating oil, 

propane, natural gas, or wood-based material for dual fuel-fired hydronic heaters; 

 (4) biomass fuels approved by the manufacturer; 

 (5) a fuel that is approved by the manufacturer, and that is not wet wood or a fuel 

prohibited under (c) of this section. 

(c) A person operating a solid fuel-fired device may not burn or incinerate in the device 

 (1) wood that has paint, stains, or other types of coating; 

 (2) wood that has been treated with preservatives, including copper chromium 

arsenate, creosote, or pentachlorophenol; 

 (3) asphalt, rubber, or tar products, including materials contaminated with 

petroleum, petroleum derivatives, oily wastes, or oil cleanup materials; 

 (4) chlorinated or halogenated organic compounds, including plastics, 

polyurethane products, pesticides, herbicides, or fungicides; 

 (5) compounds containing cyanide or asbestos; 

 (6) animal carcasses; or 

 (7) putrescible garbage. 

(d) A commercial wood seller must register under (e) of this section with the department 

to sell or provide wood to a person located in an area that is identified in 18 AAC 50.015(b)(3), 

if 

 (1) under 42 U.S.C. 7513 and 7602, EPA has designated the area as a “serious” 

nonattainment area with respect to PM-2.5; 

 (2) the department issues a finding that wood smoke is a significant component 

of the PM-2.5 amount that resulted in designation of the area identified in 18 AAC 50.015(b)(3) 

as “nonattainment”; and 

 (3) not later than 60 days before the date on which the requirements of this 

subsection and (e) – (g) of this section are to apply, the department 
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(A) prepares a notice identifying the need for applying the requirements 

of this subsection and (e) – (g) of this section with regard to the sale or provision 

of wood to a person located in the area; and 

(B) issues the notice described in (A) of this paragraph by 

 (i) publication in a newspaper of general circulation; 

 (ii) posting in the office of the local air pollution control program; 

and 

 (iii) posting on the Alaska Online Public Notice System 

(AS 44.62.175). 

(e) Before selling or providing wood to a person located in the areas that is identified in 

18 AAC 50.015(b)(3), a commercial wood seller subject to (d) – (g) of this section must 

 (1) submit a registration application in a format provided by the department; 

 (2) have available for use a moisture content meter that the department has 

approved under (g)(1) of this section; 

 (3) have a valid business license issued under AS 43.70; and 

 (4) renew the registration every three years by submitting, at least 30 days before 

the expiration date of the existing registration, an application for renewal to the department in a 

format provided by the department. 

(f) Upon receipt of a complete registration application and the department’s 

determination that the commercial wood seller is in compliance with (e)(2) and (3) of this 

section, the department will 

 (1) issue a unique registration identification number to the commercial wood 

seller; 

 (2) issue the commercial wood seller a batch of uniquely numbered three-part 

moisture content disclosure forms for use under (g) of this section; and 

 (3) add the commercial wood seller to a list of registered commercial wood 

sellers that the department maintains and makes available to the public. 

(g) A commercial wood seller who is registered as required under (d) – (f) of this section 

 (1) shall test, using a commercially available moisture test meter that the 

department has approved for accuracy, the moisture content of a load of wood at the time of sale 

or provision to the consumer, or if the consumer purchases one or more loads of wood for later 

delivery or arranges for the later delivery of one or more loads of wood, shall test the moisture 

content of each load at the time of delivery, unless the wood sold or delivered is subject to (2), 

(3) or (4) of this subsection; the department will maintain a list of commercially available 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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moisture test meters that the department has approved for accuracy; for split wood, wood rounds, 

or logs that are cut at the time of or before sale and that are marketed, sold, or provided as dry 

wood, the commercial wood seller shall 

(A) measure moisture content in at least three pieces of wood for each 

cord of wood purchased; 

(B) randomly select the wood to be tested from differing locations 

throughout the entire load; 

(C) ensure that each selected piece of wood undergoes a fresh cut and is 

tested in the center of the fresh cut end; and 

(D) document the measured moisture content on the moisture content 

disclosure form that the department provides under (f)(2) of this section, and fully 

complete and sign the form; 

(2) if selling or providing frozen wood, shall note on the moisture content 

disclosure form that the wood is frozen and assumed to be wet wood with greater than 20 percent 

moisture content, and shall fully complete and sign the rest of the form; for purposes of this 

paragraph, “frozen wood” means wood that is 

 (A) cut at a temperature below 32 degrees Fahrenheit for immediate sale 

or provision to the consumer; or 

 (B) delivered at a temperature below 32 degrees Fahrenheit, if the 

consumer purchase one or more loads of wood for later delivery or arranges for the later 

delivery of one or more loads of wood; 

(3) if marketing, selling, or providing wet wood, shall note on the moisture 

content disclosure form that the wood is wet and assumed to be greater than 20 percent 

moisture content, and shall fully complete and sign the rest of the form; 

(4) if marketing, selling, or providing wood that was split before freezing, may 

market, sell, or provide the wood as dry wood only if 

 (A) the split wood is covered and stacked for ventilation; 

 (B) after splitting, covering, and stacking the wood, the commercial wood 

seller tests the wood as required under (1)(A) – (D) of this subsection and the test results 

demonstrate that each piece of wood tested is dry wood; 

 (C) the commercial wood seller records and saves the test results and the 

date of the test; and 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (D) upon actual sale, provision, or delivery, if the temperature is below 32 

degrees Fahrenheit, the commercial wood seller documents the previously recorded test 

results and the date on the moisture content disclosure form and fully completes and signs 

the rest of the form; 

(5) shall obtain the consumer’s signature on the moisture content disclosure form, 

or if the consumer is unavailable, shall mark on the form that the consumer is 

unavailable; 

(6) shall provide the consumer with a copy of the signed moisture content 

disclosure form; 

(7) shall submit to the department, not later than the 15th day of each month, the 

department’s copy of each moisture content disclosure form completed during the 

previous month; 

(8) shall retain the seller’s own copy of each completed moisture content 

disclosure form for two years after the date of the sale, provision, or delivery; 

(9) shall account for each moisture content disclosure form received from the 

department; when making a monthly submission under (7) of this subsection, the 

commercial wood seller shall 

(A) submit any moisture content disclosure form not given to a consumer 

due to damage or errors; and 

(B) report the unique number of any moisture content disclosure form that 

is lost; 

(10) shall return any unused moisture content disclosure forms if the commercial 

wood seller’s registration expires or is revoked; 

(11) is subject to one or more of the following if the commercial wood seller fails 

to comply with a provision of this subsection: 

(A) remedial training on the requirements of (d) – (f) of this section and 

this subsection; 

(B) a notice of violation; 

(C) until the department determines that the commercial wood seller is in 

compliance, removal of the seller from the list that the department maintains 

under (f)(3) of this section; 

(D) revocation of registration; 

(E) enforcement under AS 46.03.020, 46.03.760, or 46.03.790; and 
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(12) may request an informal or adjudicatory hearing as prescribed in 18 AAC 

15.185 and 18 AAC 15.195 – 18 AAC 15.340 if the department denies registration, 

denies renewal of a registration, or takes an action under (11)(A) –(D) of this subsection. 

(h) In this section, “commercial wood seller” 

 (1) means a person who sells wood for use in space heating; 

 (2) does not include a person whose sales of wood consist wholly of 

 (A) wood products permissible under (a)(1)(B) or (b)(2) of this section; or 

(B) bundles of split dry wood that are sized not more than 0.75 cubic feet 

a bundle. (Eff. 2/28/2015, Register 213) 

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

 AS 46.14.010 AS 46.14.030 

Editor’s note: A copy of the list of commercially available moisture test meters that the 

Department of Environmental Conservation has approved under 18 AAC 50.076(g) for use by 

commercial wood sellers is available at the department’s offices in Anchorage, Fairbanks, and 

Juneau, and can be obtained by contacting the Department of Environmental Conservation, 

Division of Air Quality, at (907) 465-5100, or can be obtained from the Internet at 

http://burnwise.alaska.gov/moisture_disclosure_program.htm. 

The list of registered commercial wood sellers described in 18 AAC 50.076(f) is 

available at the department’s offices in Anchorage, Fairbanks, and Juneau, and can be obtained 

by contacting the Department of Environmental Conservation, Division of Air Quality, at (907) 

465-5100, or can be obtained from the Internet at 

http://burnwise.alaska.gov/moisture_disclosure_program.htm. 

18 AAC 50.077. Standards for wood-fired heating devices. (a) This section applies to 

a person who 

 (1) owns or operates a wood-fired heating device in an area identified in 18 AAC 

50.015(b)(3), if the wood-fired heating device 

 (A) is installed on or after February 28, 2015; and 

 (B) is not otherwise exempted in this section; 

 (2) intends to supply, sell, lease, distribute, convey, or install a wood-fired 

heating device for operation in an area identified in 18 AAC 50.015(b)(3), if 

 (A) the wood-fired heating device 
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 (i) is installed on or after February 28, 2015; and 

 (ii) is not otherwise exempted in this section: or 

(B) under 42 U.S.C. 7513 and 7602, EPA designates the area as a 

“serious” nonattainment area with respect to PM-2.5, and the wood-fired heating device 

(i) is being sold, leased or conveyed as part of an existing building 

or other property and the device was installed in that building or on that property 

before February 28, 2015; 

(ii) lacks valid EPA certification under 40 C.F.R. 60.533 before 

February 28, 2015 or a qualifying “white tag” under EPA’s Phase 2 voluntary 

partnership program for hydronic heaters before February 28, 2015; 

(iii) is being sold, leased, or conveyed as part of an existing 

building or other property on or after the date of EPA’s designation of the area as 

a “serious” nonattainment area: and 

(iv) is not otherwise exempted in this section. 

(b) Except as provided under (f), (g), or (h) of this section, a person may not operate or 

install a wood-fired hydronic heater in an area identified in 18 AAC 50.015(b)(3), and may not 

supply, sell, lease, distribute, or convey a wood-fired hydronic heater for operation or installation 

in an area identified in 18 AAC 50.015(b)(3), unless 

 (1) the model received a qualifying “white tag” under EPA’s Phase 2 voluntary 

partnership program for hydronic heaters, meets the particulate matter annual average emission 

limit in (2) of this subsection, and has a rated size under 350,000 Btu per hour; or 

 (2) a laboratory with current EPA accreditation under 40 C.F.R. 60.535 has tested 

the model to meet an average emission level of 0.32 pounds per million Btu of heat output, a 

particulate matter annual average emission limit of 2.5 grams per hour, and a maximum 

individual test-run emission rate of 18.0 grams of fine particles per hour; the test results must 

have been 

(A) obtained using the test procedures applicable to the specific device in 

EPA’s Phase 2 voluntary partnership program for hydronic heaters; those procedures are 

set out in 

(i) Attachment 2 to the EPA Hydronic Heater Program Phase 2 

Partnership Agreement, dated October 12, 2011, consisting of EPA’s Test method 

28 WHH for Measurement of Particulate Emissions and Heating Efficiency of 

Wood-Fired Hydronic Heating Appliances; the test method is adopted by 

reference; 
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(ii) ASTM International E 2618-09, Standard Test Method for 

Measurement of Particulate Emissions and Heating Efficiency of Outdoor Solid 

Fuel-Fired Hydronic Heating Devices, approved February 15, 2009 and adopted 

by reference; 

(iii) ASTM International E 2515-11, Standard Test Method for 

Determination of Particulate Matter Emissions Collected by a Dilution Tunnel, 

approved November 1, 2011 and adopted by reference; and 

(B) submitted to and approved by the department as described in (e) of 

this section, if the wood-fired hydronic heater is not already listed under (e) of this 

section by the department. 

(c) Except as provided under (f), (g), or (h) of this section, a person may not operate or 

install a woodstove in an area identified in 18 AAC 50.015(b)(3), and may not supply, sell, lease, 

distribute, or convey a woodstove for operation or installation in an area identified in 18 AAC 

50.015(b)(3), unless 

 (1) the model 

 (A) has a valid certification under 40 C.F.R. 60.533 from EPA; 

(B) meets the particulate matter annual average emission limit in (2) of 

this subsection; however, this subparagraph applies only to a woodstove that is 

installed on or after August 28, 2015; and 

(C) has a rated size under 350,000 Btu per hour; or 

(2) a laboratory with current EPA accreditation under 40 C.F.R. 60.535 has tested 

the model to meet a particulate matter annual average emission limit of 2.5 grams per 

hour; the test results must have been 

 (A) obtained using the 

(i) test procedures applicable to the specific device; those 

procedures are set out in 40 C.F.R. Part 60, Appendix A, Methods 28 and 

28 A, adopted by reference in 18 AAC 50.040; and 

(ii) emission concentration measurement procedures applicable to 

the specific device; those procedures are set out in 40 C.F.R. Part 60, 

Appendix A, Methods 5G and 5H, adopted by reference in 18 AAC 

50.040; and 

 (B) submitted to and approved by the department as described in (e) of 

this section, if the woodstove is not already listed under (e) of this section by the 

department. 
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(d) Except as provided under (f), (g), or (h) of this section, and if a wood-fired heating 

device has a rated size of 350,000 Btu or greater per hour, a person may not operate or install the 

wood-fired heating device in an area identified in 18 AAC 50.015(b)(3), and may not supply, 

sell, lease, distribute, or convey the wood-fired heating device for operation or installation in an 

area identified in 18 AAC 50.015(b)(3), unless a laboratory with current EPA accreditation under 

40 C.F.R. 60.535 has tested the model to meet a particulate matter annual average emission limit 

of 2.5 grams per hour; the test results must have been 

 (1) obtained using the test procedures applicable to the specific device; those 

procedures are set out in 

(A) ASTM International E 2618-09, Standard Test Method for 

Measurement of Particulate Emissions and Heating Efficiency of Outdoor Solid FuelFired Hydronic Heating Devices, adopted by reference in (b)(2)(A)(ii) of this section; 

(B) ASTM International E 2515-11, Standard Test Method for 

Determination of Particulate Matter Emissions Collected by a Dilution Tunnel, adopted 

by reference in (b)(2)(A)(iii) of this section; and 

(2) submitted to and approved by the department as described in (e) of this 

section, if the wood-fired heating device is not already listed under (e) of this section by the 

department. 

(e) The department may review, without a prior submission by the manufacturer, test 

results under (b)(2), (c)(2), or (d) of this section. If the department determines that the model 

tested complies with the requirements of (b)(2), (c)(2), or (d) of this section, as applicable, the 

department will approve the test results and place the model on the list that the department 

prepares under this subsection. If a wood-fired heating device subject to this section is not 

already on that list, and is not a wood-fired hydronic heater allowable under (b)(1) of this section 

or a woodstove allowable under (c)(1) of this section, the installation or operation of the woodfired heating device or the supplying, sale, lease, distribution, or conveyance of the wood-fired 

heating device for operation or installation may not occur unless the manufacturer submits, and 

the department reviews and approves, proof of compliance with the requirements of (b)(1) or 

(c)(1) of this section, as applicable, or test results demonstrating compliance with the 

requirements of (b)(2), (c)(2), or (d) of this section, as applicable. The department will make a 

list of the wood-fired heating devices that the department has approved under this subsection or 

that are allowable under (b)(1) or (c)(1) of this section and will make the list available to the 

public. 

(f) A person described in (a)(2) of this section may supply, sell, lease, distribute, convey, 

or install a wood-fired heating device if that person has confirmed in writing with the buyer or 

operator of the device that the device will be installed and used in an area other than an area 

identified in 18 AAC 50.015(b)(3). 

(g) Subsections (b) – (d) of this section do not apply to a wood-fired heating device that is 

located in an area that is identified in 18 AAC 50.015(b)(3), if 
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 (1) under 42 U.S.C. 7513 and 7602, EPA has designated the area as a “moderate” 

nonattainment area with respect to PM-2.5; and 

 (2) the wood-fired heating device is being sold, leased, or conveyed as part of an 

existing building or other property and the device was installed in that building or on that 

property before February 28, 2015. 

(h) Subsections (b) – (d) of this section do not apply to the conveyance of a wood-fired 

heating device under (a)(2)(B) of this section if the owner requests and receives a temporary 

waiver from the department or a local air quality program. The department or local air quality 

program may grant a temporary waiver after considering 

 (1) financial hardship information provided by the owner or operator; 

 (2) technical feasibility information provided by the owner or operator; and 

 (3) potential impact to locations with populations sensitive to exposure to PM2.5; locations under this paragraph include hospitals, schools, child care facilities, health clinics, 

long-term care facilities, assisted living homes, and senior centers. 

(i) A person who disputes a decision by the department under this section may request 

review under 18 AAC 15.185 or 18 AAC 15.195 – 18 AAC 15.340. (Eff. 2/28/2015, Register 

213) 

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

 AS 46.14.010 AS 46.14.030 

Editor’s note: For the convenience of consumers, the United States Environmental 

Protection Agency (EPA) keeps a list of wood-fired hydronic heaters with qualifying “white 

tags” under EPA’s Phase 2 voluntary partnership program for hydronic heaters. That list is part 

of EPA’s Partners – Program Participation – List of Qualified Hydronic Heaters, and is 

available on the Internet at http://www.epa.gov/burnwise/owhhlist.html. For additional 

information whether a heater appearing on that list is in compliance with 18 AAC 50.077, please 

contact the Department of Environmental Conservation at: Department of Environmental 

Conservation, Division of Air Quality, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, 

Juneau, AK 99811; telephone (907) 465-5100. 

 For the convenience of consumers, the United States Environmental Protection Agency 

(EPA) keeps a list of wood heaters certified under 40 C.F.R. 60.533. That list, entitled List of 

EPA Certified Wood Heaters (Heaters certified as meeting the 1988 Standards of Performance 

for New Residential Wood Heaters), is available on the Internet at 

http://www.epa.gov/Compliance/resources/publications/monitoring/caa/woodstoves/certifiedwod

.pdf. For additional information whether a heater appearing on that list is in compliance with 

18 AAC 50.077, please contact the Department of Environmental Conservation, Division of Air 

Quality, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, AK 99811; telephone 

(907) 465-5100. 
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 The test methods adopted by reference in 18 AAC 50.077 may be reviewed at the 

department’s Anchorage, Fairbanks, or Juneau office. For information on how to obtain a copy 

of the ASTM International documents adopted by reference in 18 AAC 50.077, contact ASTM 

International, Publications Department, 100 Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, Pennsylvania, 19428-2959; telephone (877) 909-2786; fax (610) 832-9555. 

 The list of wood-fired heating devices maintained under 18 AAC 50.077(e) is available at 

the department’s offices in Anchorage, Fairbanks, and Juneau, is available on the Internet at 

http://burnwise.alaska.gov/, or can be obtained by contacting the Department of Environmental 

Conservation, Division of Air Quality, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, 

Juneau, AK 99811; telephone (907) 465-5100. 

18 AAC 50.080. Ice fog standards. The department will, in its discretion, require a 

person who proposes to build or operate an industrial process, fuel-burning equipment, or 

incinerator in an area of potential ice fog to obtain a permit and to reduce water emissions. 

(Eff. 1/18/97, Register 141) 

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

AS 46.14.010 

18 AAC 50.085. Volatile liquid storage tank emission standards. (a) The owner, 

operator, or permittee of a volatile liquid storage tank located in the Port of Anchorage that has a 

volume of 9,000 barrels (378,000 gallons) or more shall reduce organic vapors emitted to the 

atmosphere by using 

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

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

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

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

vapors emitted to the atmosphere by at least 95 percent (six-hour average), as specified in the 

department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage 

Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 18 AAC 50.030; or 

(4) a system that the department determines is as effective as those described in 

(2) or (3) of this subsection, using procedures in the document referred to in (3) of this subsection. 

(b) The owner, operator, or permittee of a volatile liquid storage tank with an internal 

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

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

60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after 

June 1, 1995 that the tank is emptied and degassed. 
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(c) The owner, operator, or permittee of a volatile liquid storage tank that is located in 

the Port of Anchorage, that has a volume equal to or greater than 952 barrels (40,000 gallons) but 

less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device 

described in (a)(1) - (4) of this section, shall, no later than the first time on or after June 1, 1995 

that the tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by 

installing conservation vents on the tank as specified in the document referred to in (a)(3) of this 

section. 

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

permittee shall, use the procedures specified in the document referred to in (a)(3) of this section 

to determine compliance with this section. In accordance with those procedures, the owner, 

operator, or permittee of a volatile liquid storage tank subject to this section shall 

(1) periodically inspect air pollution control equipment; 

(2) repair any deficiencies detected; 

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

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

(Eff. 1/18/97, Register 141) 

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

AS 46.14.010 AS 46.14.030 

Editor's note: A complete description of the Port of Anchorage is in the state air quality 

control plan adopted by reference in 18 AAC 50.030. 

18 AAC 50.090. Volatile liquid loading racks and delivery tank emission standards. 

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

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

gallons (357,143 barrels) or more per year shall reduce organic vapors emitted to the atmosphere 

by 

(1) operating a vapor collection system and liquid product loading equipment that 

(A) loads volatile liquid through the bottom of the delivery tank or 

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

delivery tank; 

(B) collects all organic vapors displaced during the loading of vaporladen delivery tanks; 

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

position from passing to another delivery tank loading position; 

(D) processes the vapors collected under (B) of this paragraph with 
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(i) a control device that emits no more than 10 milligrams of 

organic vapors per liter of volatile liquid loaded (six-hour average); or 

 

(ii) a system that the department determines is as effective as the 

control device described in (i) of this subparagraph; in making a determination 

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

Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 

18 AAC 50.030; 

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

vapor collection system from exceeding 18 inches of water; and 

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

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

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

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

at a gauge pressure less than 18 inches of water, but may not open at the normal system 

operating pressure; 

(2) preventing the loading of liquid product into any vapor-laden delivery tank 

unless the tank 

(A) is connected to a vapor collection system that meets the requirements 

of (1) of this subsection; and 

(B) has been certified vapor-tight under (b) of this section within the 

preceding 12 months; and 

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

that result in the release of a volatile liquid organic or a volatile organic vapor in a concentration 

exceeding 10,000 ppm by volume, measured as methane. 

(b) The owner or operator of a delivery tank that is to be loaded with volatile liquid at a 

loading rack described in (a) of this section shall 

(1) perform annual tests to certify that the delivery tank is vapor-tight; the owner 

or operator shall perform an annual test in accordance with 40 C.F.R. Part 60, Appendix A-8, 

Method 27, adopted by reference in 18 AAC 50.040(a), except that 

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

(B) the initial pressure (P) is 450 millimeters, or 17.7 inches, of water; 

(C) the allowable pressure change is 75 millimeters, or three inches, of 

water; and 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (D) the test shall be performed for the volatile liquid as it would be for 

gasoline; 

 

(2) mark the delivery tank with the month and year that the tank was last certified 

vapor-tight according to the test required under (1) of this subsection as follows; 

(A) for a delivery tank this is the tank portion of a tank truck or tank 

trailer, the delivery tank must be marked in accordance with the requirements of 

49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference; 

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

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

 at least four inches high; 

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

 color of the tank; 

(iii) the delivery tank must be marked on both sides; a marking 

 need not appear in an exact location; however, each marking must be clearly 

 visible; 

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

(3) provide the owner, operator, or permittee of the loading rack with a copy of 

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

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

 

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

permittee shall, use the procedures specified in the department's Air Quality Compliance 

Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, 

adopted by reference in 18 AAC 50.030, to determine compliance with this section. In 

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

(1) periodically inspect air pollution control equipment; 

(2) repair any deficiencies detected; 

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

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

 (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 7/25/2008, Register 187) 

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

AS 46.14.010 AS 46.14.030 
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Editor's note: A complete description of the Port of Anchorage is in the state air quality control 

plan adopted by reference in 18 AAC 50.030. 

18 AAC 50.100. Nonroad engines. The actual and potential emissions of nonroad 

engines are not included when determining the classification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance 

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

10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

AS 46.14.020 

18 AAC 50.110. Air pollution prohibited. No person may permit any emission which 

is injurious to human health or welfare, animal or plant life, or property, or which would 

unreasonably interfere with the enjoyment of life or property. (Eff. 5/26/72, Register 42) 

Authority: AS 46.03.020 AS 46.03.710 
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Article 2. Program Administration. 

Section 

200. Information requests 

201. Ambient air quality investigation 

205. Certification 

210. (Repealed) 

215. Ambient air quality analysis methods 

220. Enforceable test methods 

225. Owner-requested limits 

230. Preapproved limits 

235. Unavoidable emergencies and malfunctions 

240. Excess emissions 

245. Air episodes and advisories 

250. Procedures and criteria for revising air quality classifications 

260. Guidelines for best available retrofit technology under the regional haze rule 

18 AAC 50.200. Information requests. If requested by the department to determine 

compliance with AS 46.03, AS 46.14, and this chapter, the owner, operator, or permittee of a 

stationary source shall maintain records of, and report to the department information on, the 

nature and amount of emissions from the stationary source and other information designated by 

the department. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) 

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

AS 46.14.020 

18 AAC 50.201. Ambient air quality investigation. (a) Upon a finding by the 

department that emissions from an existing stationary source have a reasonable likelihood of 

causing or significantly contributing to ambient concentrations of one or more air pollutants that 

exceed an ambient air quality standard, maximum allowable increase, or the limitations of 

18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the 

effect of the stationary source’s emissions of those air pollutants on ambient air or on the 

limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 

18 AAC 50.540, this section, or prior equivalent regulations, and deemed complete by the 

department, must satisfy the evaluation requirements of this section, and any prior analysis must 

accurately represent the stationary source’s emissions. 

(b) Based on an evaluation submitted under (a) of this section or other information in the 

department's possession and subject to AS 46.14.010(e), the department may require an existing 

stationary source to reduce emissions or implement another control strategy to reduce the 

ambient impact of those emissions as necessary to ensure that the concentration of air pollutants 

in the ambient air does not exceed the ambient air quality standards, maximum allowable 

increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed 

as a source-specific permit condition or as a regulation. Before imposing a reduction or control 

strategy, the department will consult with the affected owner, operator, or permittee and provide 

the affected public an opportunity for comment and hearing. To the extent practicable, given the 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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costs of determining an equitable allocation, any emission reduction or control strategy imposed 

under this section will be equitably allocated among stationary, mobile, and area sources and 

source categories based upon their relative contribution to the ambient impacts of concern, the 

cost of additional controls, and other equitable factors. 

(c) When determining whether to impose a reduction or control strategy under (b) of this 

section, the department will consider the uncertainties of ambient air quality analysis, the costs 

and benefits of resolving the uncertainties, the nature of the ambient impact area, and the 

proximity and magnitude of adjacent impacts. 

(d) The provisions of this section do not apply if the area affected by the emissions of an 

air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015. 

(e) The provisions of this section do not limit the department’s ability to require or 

conduct ambient air quality analysis or control under the construction permit program established 

under AS 46.14.120 and this chapter. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) 

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

AS 46.14.020 AS 46.14.120 

18 AAC 50.205. Certification. (a) Any permit application, report, affirmation, or compliance certification required by the department under a permit program established under 

AS 46.14 or this chapter must include the signature of a responsible official for the permitted 

stationary source following the statement: "Based on information and belief formed after 

reasonable inquiry, I certify that the statements and information in and attached to this document 

are true, accurate, and complete." 

(b) The department may accept an electronic signature on an electronic application or 

other electronic record required by the department under a permit program established under 

AS 46.14 or this chapter if 

(1) a certifying authority registered under AS 09.25.510 verifies that the 

electronic signature is authentic; and 

(2) the person providing the electronic signature has made an agreement, with the 

certifying authority described in (1) of this subsection, that the person accepts or agrees to be 

bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 

141; am 10/1/2004, Register 171) 

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140 

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

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 

10/1/2004, Register 171) 
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18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits 

meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall 

obtain the data in accordance with 

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

Alaska Air Monitoring & Quality Assurance Program, adopted by reference in 18 AAC 50.030, 

for PM-2.5, PM-10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, 

sulfur dioxide, ozone, and ammonia; 

(2) a reference method or an equivalent method described in 40 C.F.R Part 50, 

Appendices D and P, adopted by reference in 18 AAC 50.035(b), for ozone; 

(3) EPA’s Meteorological Monitoring Guidance for Regulatory Modeling 

Applications, adopted by reference in 18 AAC 50.035(a), and the department’s Quality 

Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program, 

adopted by reference in 18 AAC 50.030, for meteorological data; or 

(4) an alternative method that is representative, accurate, verifiable, capable of 

replication, and approved by the department. 

(b) Except as provided in (c) of this section, a person who submits an analysis performed 

to predict ambient air quality conditions shall 

(1) ensure that estimates of ambient concentrations and impairment to visibility 

are based on applicable air quality models, databases, and other requirements specified in 

40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 

18 AAC 50.040(f); and 

(2) for comparing predicted or measured ambient concentrations of an air 

pollutant to a maximum allowable increase established under 18 AAC 50.020, exclude 

(A) concentrations attributable to a temporary construction activity for a 

new or modified source; and 

(B) the concentrations described under 40 C.F.R. 51.166(f), adopted by 

reference in 18 AAC 50.040(h). 

(c) A person may substitute or modify a refined air quality model referenced in (b)(1) of 

this section only after 

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on 

Air Quality Models), Section 3.2.2 (Use of Alternative Models – Recommendations), adopted by 

reference in 18 AAC 50.040(f), that the alternative air quality model is more appropriate than a 

preferred air quality model; and 

(2) obtaining approval from the regional administrator and the commissioner. 
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(d) A stationary source or modification will be considered to cause or contribute to a 

violation of an ambient air quality standard or maximum allowable increase for a Class II area if 

the source or modification would, at a minimum, exceed a significant impact level listed in Table 

5 of this subsection at any locality that does not or would not meet the applicable ambient air 

quality standard or maximum allowable increase for a Class II area. A person shall conduct the 

comparison of a modeled impact to the significant impact level as follows: 

 (1) for the 24-hour PM-2.5 significant impact level, the annual average PM-2.5 

significant impact level, the one-hour nitrogen dioxide significant impact level, or the one-hour 

sulfur dioxide significant impact level, the person shall compare 

 (A) the highest modeled concentration when using either one year of 

 meteorological data or screening meteorological data; or 

 (B) the highest multi-year average concentration when using a multi-year 

 meteorological data set; 

 (2) for all other pollutants and averaging periods, the person shall 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 1hour 

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 

Carbon 

monoxide 

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

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

Deleted: Table 5 establishes the significant impact level, 

expressed as micrograms per cubic meter, for each pollutant and 

averaging period. If the ambient impacts from emissions from a 

Deleted: are less than the concentrations in Table 5, the emissions 

are not
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (e) A person may use the AERSCREEN dispersion model as an allowed screening 

technique under Section 4.2.1 of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality 

Models), adopted by reference in 18 AAC 50.040(f), for estimating the ambient impacts from 

onshore sources, if the analysis conducted with AERSCREEN is consistent with EPA’s 

AERSCREEN Model User’s Guide, adopted by reference in 18 AAC 50.035(a). (Eff. 1/18/97, 

Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 

187; am 4/1/2010, Register 193; am 10/29/2010, Register 196; am 9/17/2011, Register 199; am 

9/14/2012, Register 203; am 1/4/2013, Register 205; am 4/17/2015, Register 214) 

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

AS 46.14.030 AS 46.14.180 

 

18 AAC 50.220. Enforceable test methods. (a) The department may require an owner, 

operator, or permittee to conduct air pollutant emission tests to determine compliance with 

AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other 

requirement specifies a time period within which testing must be completed, the owner, operator, 

or permittee shall conduct the testing within the specified period regardless of whether the 

department explicitly calls for testing under this subsection. 

(b) Unless otherwise specified by an applicable requirement or test method, an air 

pollutant emission test must be performed 

(1) at a point or points that characterize the actual discharge into the ambient air; 

and 

(2) at the maximum rated burning or operating capacity of the emission unit or 

another rate determined by the department to characterize the actual discharge into the ambient 

air. 

(c) Reference test methods to be used by the owner, operator, or permittee for an 

applicable requirement of AS 46.14 or this chapter are as follows: 

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

(A) source testing for compliance with requirements adopted by reference 

in 18 AAC 50.040(a) must be conducted in accordance with the source test methods and 

procedures specified in 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040(a); 

(B) source testing for compliance with requirements adopted by reference 

in 18 AAC 50.040(b) must be conducted in accordance with the source test methods and 

procedures specified in 40 C.F.R. Part 61, adopted by reference in 18 AAC 50.040(b); 

(C) source testing for compliance with requirements adopted by 

reference in 18 AAC 50.040(c) must be conducted in accordance with the source test 

methods and procedures specified in 40 C.F.R. Part 63, adopted by reference in 18 AAC 

50.040(c); 
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(D) source testing for reduction in visibility through the exhaust effluent 

must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air 

Quality Visible Emissions Evaluation Procedures," of the state air quality control plan, 

adopted by reference in 18 AAC 50.030; 

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, 

fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and acid gases 

must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by 

reference in 18 AAC 50.035(b); and 

(F) source testing for emissions of PM-10 and PM-2.5 must follow the 

procedures set out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 

50.035; 

(2) emissions of any air pollutant may be determined using an alternative method 

approved by the department in accordance with Method 301 in Appendix A to 40 C.F.R. Part 63, 

adopted by reference in 18 AAC 50.035(b); and 

(3) standard exhaust gas volumes must include only the volume of gases formed 

from the theoretical combustion of the fuel, plus the excess air volume normal for the specific 

emission unit type, corrected to standard conditions. 

(d) In deciding whether to require a test under (a) of this section, the department will 

consider 

(1) the compliance status of the emission unit and the margin of compliance with 

each applicable requirement as demonstrated by prior compliance tests or other reasonably 

accurate data or calculations; 

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

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

(e) The owner, operator, or permittee shall submit the results of testing conducted under 

this section as required by Vol. 3., sec. IV-3, Appendix IV-3, of the state air quality control plan, 

adopted by reference in 18 AAC 50.030. 

(f) In source testing for compliance with the particulate matter standards in 

18 AAC 50.050 or 18 AAC 50.055, the three-hour average is determined using the average of 

three one-hour test runs. The source test must account for those emissions caused by soot 

blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test 

run includes the emissions caused by the routine maintenance activity and is conducted under 

conditions that lead to representative emissions from that activity. The emissions must be 

quantified using the following equation: 

Deleted: 18 AAC 50.040

Deleted: 18 AAC 50.040(c)
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Where: 

E = the total particulate emissions of the source in grains per dry standard 

cubic foot (gr/dscf). 

EM = the particulate emissions in gr/dscf measured during the test that included 

the routine maintenance activity. 

ENM = the arithmetic average of particulate emissions in gr/dscf measured by the 

test runs that did not include routine maintenance activity. 

A = the period of routine maintenance activity occurring during the test run 

that included routine maintenance activity, expressed to the nearest 

hundredth of an hour. 

B = the total period of the test run, less A. 

R = the maximum period of source operation per 24 hours, expressed to the 

nearest hundredth of an hour. 

S = the maximum period of routine maintenance activity per 24 hours, expressed to the nearest hundredth of an hour. 

(Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 9/17/2011, Register 199; am 

9/14/2012, Register 203; am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 

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

 18 AAC 50.225. Owner-requested limits. (a) The owner or operator of an existing or 

proposed stationary source may request an enforceable limit on the ability to emit air pollutants 

to avoid all permitting obligations under AS 46.14.130. A limitation approved under this section 

is an enforceable limitation for the purpose of determining 

(1) stationary source-specific allowable emissions; and 

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

 

(b) To request approval under this section of limits on the ability to emit, the owner or 

operator shall submit to the department 

(1) a completed stationary source identification form; 

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

(3) a calculation of the stationary source’s actual emissions and potential to emit 

air pollutants; 





 



 



 





R x A

BS - R(R- S) +E R x AS E=EM (A+B)x NM
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(4) a description of each proposed limit, including for each air pollutant a 

calculation of the effect the limit will have on the stationary source's potential to emit and the 

allowable emissions; 

(5) a description of a verifiable method to attain and maintain each limit, 

including monitoring and recordkeeping requirements; 

(6) citation to each requirement that the person seeks to avoid, including an 

explanation of why the requirement would apply in the absence of the limit and how the limit 

allows the person to avoid the requirement; 

(7) repealed 10/6/2013; 

(8) a statement that the owner or operator of the stationary source will be able to 

comply with each limit; and 

(9) a certification, bearing the signature of the person requesting the limits, that 

states: "Based on information and belief formed after reasonable inquiry, I certify that the 

statements and information in this request are true, accurate, and complete.” 

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

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

(2) deny the request and notify the owner or operator of the reasons for the 

denial. 

(d) If the department makes a preliminary decision to approve a request under (c) of this 

section, the department will solicit public comment on the preliminary decision as follows: 

(1) the department will publish a notice in a newspaper of general circulation 

within the area where the stationary source is or will be located; the department will publish this 

notice in two consecutive issues of the newspaper and in other media the department considers 

appropriate; the notice will include 

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

location of the stationary source; 

(B) a summary describing the proposed limit, including reference to the 

requirement that the limit avoids; 

(C) a statement that the department will accept public comment on the 

proposed limit for 30 days after first publishing notice; and 

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

sent; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

61 

(2) the department will make available for public review, in at least one location 

within the area affected by the stationary source, the materials submitted by the owner or 

operator and a copy of the proposed limit; 

(3) the department, upon its own motion or upon a request made in accordance 

with 18 AAC 15.060, will hold a public hearing on the application as described in 

18 AAC 15.060(d) - (h); and 

(4) the department will accept public comments and testimony on the proposed 

limit for 30 days after publishing the notice required by (1) of this subsection; if the department 

determines additional time is needed to allow full public participation, it will 

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

 

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

 (e) After the public comment period provided under (d) of this section, the department 

will consider the comments received during the public comment period and will make a final 

decision whether to approve, approve with conditions, or deny the request for cause. This final 

decision, or a decision to deny the request under (c)(2) of this section, is a permit action for the 

purpose of review under AS 46.14.200. The absence of a department decision within 30 days 

after the close of the public comment period provided in (d) of this section will be considered a 

permit action to deny the request for the purpose of review under AS 46.14.200. 

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

(1) describes the terms and conditions of the approval, including specific testing, 

monitoring, recordkeeping, or reporting requirements; 

(2) lists all equipment covered by the approval; 

(3) describes the requirement that the limit allows the owner or operator to avoid; 

and 

(4) contains the statement "I understand and agree to the terms and conditions of 

this approval" followed by a space for the owner's or operator's signature. 

(g) A limit approved under this section becomes effective the day after the department 

receives a copy of the letter of approval bearing the owner's or operator's signature in the space 

provided. On and after the date the limit becomes effective and until the limit is revised or 

revoked under (h) of this section, the owner and operator shall comply with all terms and 

conditions of the approval. 

(h) The owner or operator may request the department to revise the terms or conditions 

of the approval issued under this section by submitting a new request under (b) of this section. 

The owner or operator may request the department to revoke the approval in writing by 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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explaining the reason for the request and applying for each permit listed in the original approval 

under (f) of this section as if the limit had never been approved. The limit remains in effect until 

the owner or operator 

(1) obtains a new limit that allows the owner or operator to continue to avoid the 

requirement; or 

(2) for a request to revoke the limit, obtains any permit that was avoided, and 

complies with any other requirement that was avoided. 

 (i) If an owner or operator requests a limit under this section for a stationary source that 

already has one or more limits approved under this section, the owner or operator shall provide a 

copy of all existing limits with the information provided under (b) of this section. This copy is 

required regardless of whether the new limit will apply to emission units regulated under any 

existing limits. If the department make a preliminary decision to approve the new limit, the 

department will combine the new limit and all existing limits into a single decisional document 

and process it in accordance with (d) – (g) of this section. All existing limits remain in effect 

until the effective date of the new decision, unless revoked earlier in accordance with (h) of this 

section. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 

1/29/2005, Register 173; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 

9/14/2012, Register 203; am 10/6/2013, Register 208) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 

AS 46.03.030 AS 46.14.120 

18 AAC 50.230. Preapproved emission limits. (a) This section sets out limits for 

certain stationary sources that become effective the day after the department receives a request 

containing all the required information. Under these "preapproved" emission limits or PAELs, 

no additional department approval is required. The owner and operator shall comply with the 

limit while that limit is in effect. The limit remains in effect until revoked in accordance with (e) 

of this section. 

(b) The owner or operator of a stationary source containing one or more emission units 

described in (c) or (d) of this section may request that the preapproved limits in those subsections 

be applied to that stationary source. To make the request, the owner or operator shall submit to 

the department the information required for the limit requested. 

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel 

engines may be established by restricting the amount of fuel that may be burned in an engine. 

To implement these limits, the owner or operator shall 

(1) submit to the department a letter or form containing 

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

apply; 
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(B) a list of all diesel engines at the stationary source to which the limits 

will apply, including the model and rated capacity of each diesel engine; 

(C) the maximum quantity of fuel, in gallons, that the owner or operator 

will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 

12 months; 

(D) a calculation of the nitrogen oxides, in tons per year, that the equipment listed in (B) of this paragraph would have the potential to emit if subjected to the 

limits on fuel use proposed under (C) of this paragraph, determined by dividing the 

number provided under (C) of this paragraph by 3,309; 

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, 

from all emission units at the stationary source that are not listed under (B) of this 

paragraph; 

(F) a calculation of the stationary source’s total potential to emit nitrogen 

oxides, determined by adding the values derived under (D) and (E) of this paragraph; 

(G) a list setting out each of the conditions required under (2) of this 

subsection; 

(H) a certification bearing the owner's or operator's signature stating that 

(i) "Based on information and belief formed after reasonable 

inquiry, I certify that the information in this request is true, accurate, and complete"; and 

(ii) the owner or operator fully understands the conditions required 

under (2) of this subsection and agrees to those conditions in order to limit 

nitrogen oxide emissions from the equipment listed under (B) of this paragraph to 

no more than the value calculated under (D) of this paragraph; and 

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

(2) agree to 

(A) limit the quantity of fuel burned in the equipment listed under (1)(B) 

of this subsection during any consecutive 12 months to no more than the amount proposed under (1)(C) of this subsection; 

(B) record the amount of fuel consumed in the equipment listed under 

(1)(B) of this subsection each month and calculate the total fuel consumed in the equipment during the preceding 12 months; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(C) keep all receipts for fuel purchases and all records and calculations 

under (B) of this paragraph available for department inspection for at least five years; 

and 

(D) no later than January 31 of each year, submit to the department a copy 

of the records and calculations required by (B) of this paragraph for the preceding year. 

(d) The owner or operator of a gasoline distribution facility may limit the maximum 

daily throughput of gasoline for the stationary source to less than 19,900 gallons. If the limit in 

this subsection is applied, the department will consider the stationary source to be a bulk gasoline 

plant under the standards adopted by reference in 18 AAC 50.040(a)(2)(M) and (AA). The 

owner or operator shall 

(1) submit to the department a letter or form containing 

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

apply; 

(B) a list of each tank containing gasoline at the stationary source, 

including the working capacity of each tank; 

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

(D) a certification bearing the signature of the owner or operator stating 

that 

(i) "Based on information and belief formed after reasonable 

inquiry, I certify that the information in this request is true, accurate, and 

complete"; and 

(ii) the owner or operator fully understands the conditions required 

under (2) of this section and agrees to those conditions in order to be classified as 

a bulk gasoline plant; and 

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

(2) agree to 

(A) limit the quantity of gasoline transferred from tanks at the stationary 

source each day to less than 19,900 gallons; 

(B) record the amount of gasoline transferred from tanks at the stationary 

source each day; 

(C) keep all receipts for fuel sales and all records under (B) of this 

paragraph available for department inspection for at least five years; and 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(D) no later than January 31 of each year, submit to the department a copy 

of the records required by (B) of this paragraph for the preceding year. 

 

(e) The owner or operator may terminate a limit under this section by notifying the 

department, in writing, of the proposed date for termination of the limit. On and after the 

proposed date, the limit is no longer in effect unless the limit made it possible for the owner or 

operator to avoid any preconstruction review procedures or to avoid the requirement for an 

operating permit. If the limit 

(1) made it possible for the owner or operator to avoid any preconstruction 

review under this chapter, the limit remains in effect until the owner or operator obtains 

(A) a new construction permit under this chapter as if the limit had never 

existed; or 

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit 

that allows the owner or operator to continue to avoid preconstruction review; or 

(2) did not make it possible to avoid preconstruction review, but made it possible 

to avoid a Title V permit or minor permit to operate, the limit remains in effect until the owner or 

operator obtains 

(A) a new Title V permit under this chapter as if the limit had never 

existed; or 

(B) under this section or under a permit classified in 18 AAC 50.508, a 

 new limit that allows the owner or operator to continue to avoid the need for the permit. 

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 

1/29/2005, Register 173; am 7/1/2010, Register 194) 

Authority: AS 44.46.025 AS 46.14.030 AS 46.14.170 

AS 46.03.020 AS 46.14.120 AS 46.14.180 

AS 46.14.010 AS 46.14.130 AS 46.14.240 

 AS 46.14.020 

18 AAC 50.235. Unavoidable emergencies and malfunctions. (a) If an unavoidable 

emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based 

emission standard, the owner, operator, or permittee shall 

(1) take all reasonable steps to minimize levels of emissions that exceed the 

standard; and 

(2) give written notice to the appropriate department office within two working 

days after the event commenced or was discovered; notice under this paragraph must include a 

description of the event, the cause of the event, steps taken to mitigate emissions, and corrective 

measures taken or to be taken. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(b) A person who asserts the affirmative defense recognized in AS 46.14.560 must 

demonstrate that 

(1) an unavoidable emergency, malfunction, or nonroutine repair of an emission 

unit occurred, and the person can identify the cause; 

(2) the stationary source was being properly operated when the event described in 

(1) of this subsection occurred; and 

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

(c) In any enforcement action, the person seeking to assert the affirmative defense under 

AS 46.14.560 and this section has the burden of proof. 

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

(1) if it arises from a sudden and reasonably unforeseeable event beyond the 

person's control, including an act of God, that requires immediate corrective action to restore 

normal operation; and 

(2) to the extent it was not the result of improper design, lack of preventive 

maintenance, careless or improper operation, or operator error. (Eff. 1/18/97, Register 141; 

am 6/14/98, Register 146; 10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560 

 18 AAC 50.240. Excess emissions. (a) In an enforcement action, the owner, operator, 

or permittee has the burden of proving that excess emissions were unavoidable. This 

demonstration is a condition to obtaining relief under (d), (e), and (f) of this section. 

(b) Excess emissions determined to be unavoidable under this section will be excused 

and are not subject to penalty. This section does not limit the department's power to enjoin the 

emission or require corrective action. 

(c) Excess emissions that present a potential threat to human health or safety or that the 

owner, operator, or permittee believes to be unavoidable must be reported to the department as 

soon as possible. Unless otherwise specified in the stationary source's permit, other excess 

emissions must be reported within 30 days after the end of the month during which the emissions 

occurred or as part of the next routine emission monitoring report, whichever is sooner. If 

requested by the department, the owner, operator, or permittee shall submit a full written report 

that includes the known causes, the corrective actions taken, and the preventive measures to be 

taken to minimize or eliminate the chance of recurrence. 

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and demonstrates 

that 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

67 

(1) the excess emissions could not have been prevented through careful planning 

and design; and 

(2) if a bypass of control equipment occurred, the bypass was necessary to 

prevent loss of life, personal injury, or severe property damage. 

 

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and demonstrates 

that the excess emissions could not have been avoided through reasonable design, better 

scheduling for maintenance, or better operation and maintenance practices. 

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, 

or permittee reports them as required under (c) of this section and demonstrates that 

(1) the event was not caused by poor or inadequate design, operation, or 

maintenance or by any other reasonably preventable condition; 

(2) the event was not of a recurring pattern indicative of inadequate design, 

operation, or maintenance; and 

(3) when the operator knew or should have known that an emission standard or 

permit condition was being exceeded, the operator took immediate and appropriate corrective 

action in a manner consistent with good air pollution control practice for minimizing emissions 

during the event, taking into account the total emissions impact of the corrective action, 

including slowing or shutting down the source as necessary to minimize emissions. 

(g) A demonstration under (d), (e), or (f) of this section must be supported by records 

made at the time the excess emissions occurred. (Eff. 1/18/97, Register 141; am 10/1/2004, 

Register 171) 

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560 

 AS 46.14.030 

18 AAC 50.245. Air quality episodes and advisories for air pollutants other than 

PM-2.5. (a) The department or a local air quality control program may declare an air quality 

episode and prescribe and publicize curtailment action if the concentration of an air pollutant in 

the ambient air has reached, or is likely in the immediate future to reach, any of the 

concentrations established in Table 6 in this subsection. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

68 

Table 6. 

Concentrations Triggering an Air Quality Episode for Air Pollutants Other Than PM-2.5

 Episode Type Air Pollutant Concentration in 

micrograms per cubic meter 

{and in ppm where applicable} 

 Air alert Sulfur dioxide 365 (24-hour average) 

{0.14 ppm} 

PM-10 150 (24-hour average) 

PM-10 from wood burning 

(wood smoke control areas) 

92 (24-hour average) 

Carbon monoxide 10,000 (8-hour average) 

{8.7 ppm} 

 Air warning Sulfur dioxide 800 (24-hour average) 

{0.31 ppm} 

PM-10 350 (24-hour average) 

Carbon monoxide 17,000 (8-hour average) 

{15 ppm} 

 Air emergency Sulfur dioxide 1,600 (24-hour average) 

{0.61 ppm} 

PM-10 420 (24-hour average) 

PM-10 from wood burning 

(wood smoke control areas) 

During an air alert, a concentration 

measured or predicted to exceed 92 

(24-hour average), and to continue to 

increase beyond the concentration that 

triggered the air alert 

Carbon monoxide 34,000 (8-hour average) 

{30 ppm} 

 (b) The department or a local air quality control program will declare an air quality 

advisory if, in its judgment, air quality or atmospheric dispersion conditions exist that might 

threaten public health. 

(c) If the department or a local air quality control program declares an air quality 

advisory under (b) of this section, the department or a local air quality control program will 

(1) request voluntary emission curtailments from any person issued a permit 

under this chapter whose stationary source’s emissions might impact the area subject to the 

advisory; and 
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69 

(2) publicize actions to be taken to protect public health. 

(d) Nothing in this section alters a local government’s powers or obligations under a 

local air quality control program established under AS 46.14.400 and other local laws, as 

applicable. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 2/28/2015, Register 

213) 

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

AS 46.14.010 AS 46.14.030 

18 AAC 50.246. Air quality episodes and advisories for PM-2.5. (a) The department 

or a local air quality control program may declare an air quality episode and prescribe and 

publicize the actions to be taken if the concentrations of PM-2.5 in the ambient air has reached, 

or is likely in the immediate future to reach, any of the concentrations established in Table 6a in 

this subsection. The episode thresholds and actions prescribed for any area that has a local air 

quality plan included in the State Air Quality Control Plan adopted by reference in 18 AAC 

50.030 must be consistent with the emergency episode provisions included in that plan. 

 Table 6a 

 Concentrations Triggering an Air Quality Episode for PM-2.5 

 Episode Type Air Pollutant Concentration in 

micrograms per cubic meter 

Air alert PM-2.5 35.5 (24-hour average) 

Air warning PM-2.5 55.5 (24-hour average) 

Air emergency PM-2.5 150.5 (24-hour average) 

 (b) The department or a local air quality control program authorized by the department 

under AS 46.14.400 will declare a PM-2.5 air quality advisory if, in its judgment, PM-2.5 air 

quality or atmospheric dispersion conditions exist that might threaten public health. 

 (c) If the department or a local air quality control program declares a PM-2.5 air quality 

advisory under (b) of this section, the department or a local air quality control program will 

 (1) request voluntary emission curtailments from any person issued a permit 

under this chapter whose stationary source’s emissions might impact the area subject to the 

advisory; and 
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 (2) publicize actions to be taken to protect public health. 

 (d) Nothing in this section alters a local government’s powers or obligations under a 

local air quality control program established under AS 46.14.400 and other local laws, as 

applicable. (Eff. 2/28/2015, Register 213) 

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

 AS 46.14.010 AS 46.14.030 

18 AAC 50.250. Procedures and criteria for revising air quality classifications. (a) 

Except for the Class I areas identified in 18 AAC 50.015(c), the class of any geographical area of 

the state can be revised. This section sets out the procedures and criteria for revising an air 

quality classification. 

(b) A geographic area that exceeds 10,000 acres and is one of the following may be 

classified only as Class I or Class II: 

(1) a national park or national wilderness area established after August 7, 1977; 

or 

(2) a national monument, national primitive area, national preserve, national 

recreation area, national wild and scenic river, national wildlife refuge or range, or a national 

lakeshore or seashore. 

(c) The department will, on its own motion, or upon receipt of a petition under 

AS 44.62.220, propose to change the air quality classification of a geographical area. The 

department will, in its discretion, combine or coordinate any public meetings or hearings 

conducted under (e) of this section with those conducted under AS 44.62.180 - 44.62.290. The 

department will make the report prepared under (d) of this section available to the public during 

the public comment period provided under AS 44.62.210. 

(d) Before proposing a change to a geographic air quality classification, the department 

will prepare, and a person submitting a petition under AS 44.62.220 must provide, a report that 

includes 

(1) an accurate description of the boundaries of the geographic area for which the 

change in air quality classification is proposed; 

(2) the classification in effect for the area and the proposed classification; 

(3) a statement of the reasons why the change to the air quality classification is 

proposed and is in the public interest; 

(4) a detailed evaluation of new emissions and ambient air quality impacts 

expected to occur in the area to be reclassified and in adjacent areas as a result of a modification 

to a stationary source in that area or from construction and operation of a new stationary source 

in that area 
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(A) for which a complete permit application under AS 46.14.160 is 

pending before the department at the time the report is prepared; or 

(B) that has been proposed, would be subject to this chapter and 

AS 46.14.120 or 46.14.130, and could not be permitted under those provisions without a 

change in the air quality classification for the area; 

(5) an evaluation of the effects on air quality in other geographic areas classified 

in 18 AAC 50.015(c) of any proposed new or modified stationary source in the area to be 

reclassified; and 

(6) a detailed analysis of the health, environmental, economic, social, and energy 

effects of the proposed reclassification. 

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that 

changes the air quality classification of an area of the state, 

(1) for any change, 

(A) the federal administrator must have approved the change; 

(B) the department must have conferred with the elected leadership of 

local and other substate general purpose governments in the area covered by the proposed 

redesignation; 

(C) the department must have notified each affected federal land manager 

of the proposed change and provided at least 30 days to comment on the report described 

in (d) of this section; 

(D) the department must have published in a newspaper of general 

circulation in the state a summary of the comments and recommendations of any affected 

federal land manager received under (B) of this paragraph and an explanation of the 

reasons for implementing a change that is inconsistent with the recommendations of the 

federal land manager; and 

(E) the commissioner must have determined that 

(i) the health, environmental, economic, social, and energy effects 

of the change are in the public interest; and 

(ii) implementing the change will not cause or contribute to a 

violation of the ambient air quality standards or maximum allowable increase;

 

(2) for any change to the classification of lands within the exterior boundary of a 

reservation of a federally-recognized Indian tribe, the governing body of the tribe must have 

approved the change; and
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(3) for a reclassification of an area to Class III, the change must meet the 

applicable requirements of 42 U.S.C. 7474, adopted by reference as amended through 

December 19, 1996. 

(f) In this section, “federal land manager” has the meaning given in 40 C.F.R. 

51.166(b)(24), as revised as of July 1, 2003 and adopted by reference. (Eff. 1/18/97, Register 

141; am 10/1/2004, Register 171) 

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030 

AS 44.62.220 AS 46.03.020 

18 AAC 50.260 Guidelines for best available retrofit technology under the regional 

haze rule (a) For the purposes of this section, the following are adopted by reference: 

 (1) 40 C.F.R. 51.301(Definitions), revised as of July 1, 2007, except that 

 (A) “fugitive emissions” has the meaning given in 18 AAC 50.990; 

 (B) “major stationary source” has the meaning given in AS 46.14.990 and 

18 AAC 50.990; 

 (C) “potential to emit” has the meaning given in AS 46.14.990; 

 (D) “stationary source” has the meaning given in AS 46.14.990; 

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under 

the regional haze rule), as revised as of July 1, 2007. 

 (b) Sources subject to BART shall be identified consistent with Section III of the BART 

guideline. No later than 5 days after December 30, 2007, the Department shall notify the owner 

or operator of each source subject to BART in writing and shall identify the affected Class I 

areas. A notice provided to the owner or operator prior to December 30, 2007 shall satisfy this 

obligation. Unless the department exempts a source in accordance with Section III of the BART 

guideline, each source subject to BART shall comply with (d) through (h) and (l) through (o) of 

this section. 

(c) An owner or operator notified under (b) of this section may request an exemption 

from BART. Exemptions from BART approved by the department in writing prior to December 

30, 2007 shall have the same effect as those approved under this subsection. An exemption from 

BART must be requested and processed as follows: 

 (1) the owner or operator shall: 
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(A) notify the department no later than 10 days after the latter of 

December 30, 2007 or notification under (b) of this section that they intend to request 

exemption from BART through visibility impact analysis modeling; and 

(B) submit, no more than 30 days after the later of December 30, 2007 or 

the date of the department’s notice under (b) of this section, a visibility impact analysis 

modeling protocol that will meet the requirements of (h)(3) of this section for refined 

visibility impact analysis modeling: 

 (2) no later than 30 days after receiving a submission under (1)(B) of this 

subsection, the department will: 

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify the owner or operator of 

the reasons for the disapproval; 

(3) upon approval of the modeling protocol, the owner or operator shall 

(A) conduct a visibility impact analysis in accordance with (h)(3) of this 

section; and 

(B) submit the visibility impact analysis report, including all supporting 

documentation, to the department no later than 60 days after the department approves a 

modeling protocol for the visibility impact analysis; if a modeling protocol is submitted 

and approved prior to December 30, 2007, the visibility impact analysis report required 

under this section shall be submitted no later than 90 days after December 30, 2007;

(4) the department will approve an exemption if the owner or operator meets the 

requirements of (1) and (3) of this subsection and the information submitted adequately 

demonstrates that the BART-eligible source is not reasonably anticipated to cause or contribute 

to any impairment of visibility in a Class 1 Area identified in the notice provided under (b) of 

this section; 

(5) if the department does not approve an exemption based on the visibility 

impact analysis submitted under (c)(1) and (c)(3) of this section, the owner or operator shall: 

(A) submit a BART control analysis under (d) and (e) of this section; or 

(B) submit an application under 18 AAC 50.225 for owner-requested 

limits (ORL); that application must be submitted no later than 30 days after the date of 

the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the 

owner or operator shall comply with the terms and conditions of the approval; if the 

owner requested limit is subsequently rescinded, the owner or operator shall conduct a 

BART control analysis in accordance with (d) – (o) of this section;
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(6) the department will notify the owner or operator, the Environmental 

Protection Agency, and each affected federal land manager, in writing, of a department approval 

or disapproval under this subsection; if the decision is to approve an exemption, either through 

visibility impact analysis or an owner-requested limit, the department will explain what 

requirements of this section no longer apply to the BART-eligible source. 

(d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) 

of this section or if the department denies the exemption request under (c) of this section, the 

owner or operator shall submit a BART assessment modeling protocol that meets the 

requirements of (h)(3) of this section for control technology visibility impact analysis modeling 

no more than 30 days after the latest of December 30, 2007, the date of the department’s notice 

under (b) of this section, or the date of the department’s notice disapproving the exemption 

request under (c) of this section. No more than 30 days after submission of a modeling protocol 

under this subsection, the department will 

(1) approve the modeling protocol; or 

(2) disapprove the modeling protocol and notify the owner or operator of the 

reasons for the disapproval. 

(e) For purposes of analyzing the visibility impact from potential control technologies, 

the owner or operator of each source subject to BART shall submit to the department an analysis 

of control options consistent with Section IV of the BART guidelines; 

(1) no more than 210 days after the later of December 30, 2007 or the date of the 

department’s notice under (b) of this section, if the owner or operator did not submit an 

exemption modeling protocol under (c)(1) of this section; or 

(2) no more than 180 days after the date of the department’s notice disapproving 

an exemption request submitted under (c) of this section. 

 (f) The pollutants of concern for purposes of BART are SO2, NOx, and PM10. 

 (g) If an owner or operator elects to apply, or has already applied, the most stringent 

controls available consistent with the analysis conducted under (e) of this section, they are not 

required to conduct a visibility impact analysis for the emission units and pollutants to which the 

controls are to be or have been applied. 

 (h) A visibility impact analysis must: 

 (1) use an identical modeling approach for comparing the pre-control and postcontrol impacts of potential BART controls; 

 (2) determine the maximum change in visibility impacts in daily deciviews, 

between the current or pre-control technology and each potential BART control option consistent 

with the approved modeling protocol compared to the annual average default natural visibility 

condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the 
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Regional Haze Rule, EPA-454/B-03-005, dated September 2003 and adopted by reference, at 

each Class I area identified in the notice under (b) of this section. 

 (3) be conducted in a manner consistent with either: 

 (A) the Western Regional Air Partnership’s CALMET/CALPUFF 

Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United 

States, dated August 15, 2006 and adopted by reference, as amended by the Summary of 

WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by 

reference; or 

 (B) a modified protocol that was first submitted as a draft and made 

available for at least a 15-day review by EPA and each affected federal land manager, and 

subsequently approved in writing by the department. 

(i) The department will request from the owner or operator any additional information 

necessary to complete review of the analysis of control options for a source subject to BART. 

The department will establish a reasonable deadline for submitting the information after 

consulting the owner or operator. The owner or operator shall provide such information no later 

than the deadline established by the department. 

(j) The department will review each analysis of control options and issue a preliminary 

BART determination for each emission unit at each source subject to BART. In the preliminary 

BART determination, the department will include: 

 (1) the pollutant-specific emission limits for each emission unit at each source 

subject to BART; and 

 (2) the monitoring, record-keeping, and reporting needed to demonstrate 

compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference 

in 18 AAC 50.040(j); 

(k) No more than 120 days after receipt of BART analysis under (e) of this section, the 

department will publish a notice of its preliminary BART determination and provide at least 30 

days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by reference in 

18 AAC 50.040(j) except as follows: 

(1) the department may distribute a public notice to a person by electronic mail; 

if a person requests to be sent notice by postal mail instead of electronic mail, the department 

will send the notice by postal mail; 

(2) the department will hold a public hearing only if one is requested within 

15 days after publication of the notice. 

(l) Within 15 days after the deadline for receipt of public comments, and after 

consideration of comments and testimony received, the department will make a final BART 

determination and provide written notice to each owner or operator, EPA, each affected federal 
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land manager, and any person who commented on the preliminary BART determination. In the 

final BART determination, the department will include 

 (1) the pollutant-specific emission limits for each emission unit at each source 

subject to BART; and 

 (2) the monitoring, record-keeping, and reporting needed to demonstrate 

compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference 

in 18 AAC 50.040(j). 

(m) An informal review of the final BART determination may be requested as prescribed 

in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested 

as prescribed in 18 AAC 15.195 – 18 AAC 15.340. 

(n) As expeditiously as practicable, but in no case more than five years after the date of 

EPA approval of the regional haze state implementation plan required under 42 U.S.C. 7410 and 

7491, the owner or operator of a source that is subject to a final BART determination under this 

section shall comply with the requirements established in that determination. 

(o) The owner or operator of a source required to install control equipment to comply 

with the BART determination shall: 

 (1) maintain the control equipment and establish procedures to ensure that the 

equipment is properly operated and maintained; and 

 (2) conduct monitoring, recordkeeping, and reporting in accordance with the 

methods set out in the final BART determination. 

(p) Department services under this section are designated regulatory services for 

preapplication assistance and will be billed to the operating permit covering the source subject to 

BART as set out in 18 AAC 50. 400(j) 

(q) In this section, 

(1) “BART” has the meaning given the term “Best Available Retrofit 

Technology” in 40 C.F.R. 51.301, adopted by reference in (a) of this section; 

 (2) “ BART-eligible source” has the meaning given in 40 C.F.R. 51.301, adopted 

by reference in (a) of this section; 

 (3) “BART guidelines” means 40 C.F.R. Part 51, Appendix Y (Guidelines for 

BART determinations under the regional haze rule), adopted by reference in (a) of this section. 
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 (4) “cause or contribute to impairment of visibility” means to release emissions 

that produce a 0.5 or greater change in the daily deciview when compared against natural 

conditions; for the purposes of this paragraph, “natural conditions” includes naturally occurring 

phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, 

or coloration; 

 (5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by reference 

in (a) of this section; 

 (6) “existing stationary facility” has the meaning given in 40 C.F.R. 51.301, 

adopted by reference in (a) of this section; 

 (7) “federal land manager” has the meaning given in 40 C.F.R. 51.301, adopted 

by reference in (a) of this section; 

 (8) “maximum change” means the greatest relative change in visibility between 

pre-BART controls and post-BART controls for purposes of this section; 

 (9) “sources subject to BART” means a source identified by the department in 

accordance with Section III of the BART guidelines; 

 (10) “visibility impact analysis” means an air quality modeling analysis 

conducted for the purposes of determining visibility impacts. (Eff. 12/30/2007, Register 184; am 

7/1/2010, Register 194; am 10/6/2013, Register 208) 

Authority: AS 46.03.710 AS 46.14.010 Sec. 30, ch. 74, SLA 1993 

 AS 46.14.020 AS 46.14.030 

 Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the 

Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening Analysis 

for Class I areas in the Western United States, and the Summary of WRAP RMC BART Modeling 

for Alaska, Draft #7, adopted by reference in 18 AAC 50.260(h), may be reviewed at the 

department's Anchorage, Fairbanks, or Juneau office. To obtain a copy of these or any other 

documents adopted by reference in this section, contact the Department of Environmental 

Conservation, Air Quality Division at (907) 465-5100. 

 
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Article 3. Major Stationary Source Permits. 

Section

300. (Repealed) 

301. Permit continuity 

302. Construction permits 

305. (Repealed) 

306. Prevention of significant deterioration (PSD) permits 

310. (Repealed) 

311. Nonattainment area major stationary source permits 

315. (Repealed) 

316. Preconstruction review for construction or reconstruction of a major source of hazardous 

air pollutants 

320. (Repealed) 

321. Case-by-case maximum achievable control technology determinations 

322. (Repealed) 

325. (Repealed) 

326. Title V operating permits 

330. (Repealed) 

335. (Repealed) 

340. (Repealed) 

341. (Repealed) 

345. Construction and operating permits: standard permit conditions 

346. Construction and operating permits: other permit conditions 

350. (Repealed) 

355. (Repealed) 

360. (Repealed) 

365. (Repealed) 

370. (Repealed) 

375. (Repealed) 

380. (Repealed) 

385. (Repealed) 

390. (Repealed) 

18 AAC 50.300. Construction permits: classifications. Repealed. (Eff. 1/18/97, 

Register 141; am 6/21/98, Register 146; am 2/2/2002, Register 161; am 5/3/2002, Register 162; 

repealed 10/1/2004, Register 171) 

18 AAC 50.301. Permit continuity. (a) An air quality permit that is effective under 

this chapter as of October 1, 2004 remains in effect until it 

(1) expires, consistent with AS 46.14.230; 

(2) is revoked by the department under AS 46.14.280; or 

(3) is replaced by a permit issued under this chapter. 
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(b) For a permit under this chapter, if the applicant has submitted a complete application 

before October 1, 2004, but the department has not yet issued the permit by that date, the 

(1) applicant may request in writing that the department process the application 

under the regulations in effect before or after October 1, 2004; and 

(2) department will process the application in accordance with the applicant’s 

request. (Eff.10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.230 

AS 46.14.010 AS 46.14.130 AS 46.14.280 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a 

construction permit before beginning actual construction of a new major stationary source, a 

major modification, a PAL major modification, or a new stationary source or modification 

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

112(i)). The owner or operator must obtain one or more of the following types of construction 

permits, as applicable: 

(1) a prevention of significant deterioration (PSD) permits under 18 AAC 50.306; 

(2) a nonattainment area major stationary source permit under 18 AAC 50.311; 

(3) a construction permit under 18 AAC 50.316 for a major source of hazardous 

air pollutants. 

(b) If a stationary source or modification requires permits under more than one section 

in this chapter, the owner or operator may file a single permit application, and the department 

will issue a single permit incorporating all applicable construction permit requirements. 

(c) If a term or condition is established in a PSD permit listed in (a)(1) of this section, or 

established in a PSD permit incorporated into a permit under (b) of this section, and is identified 

in the permit as solely necessary to meet a Title V requirement associated with an integrated 

review conducted under 18 AAC 50.306(c)(3), the term or condition is considered a Title V term 

or condition upon incorporation into a Title V permit. A subsequent revision to the term or 

condition may be made solely through the applicable Title V operating permit amendment or 

modification provisions of 18 AAC 50.326. (Eff.10/1/2004, Register 171; am 12/9/2010, 

Register 196; am 9/14/2012, Register 203) 

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140 

AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993 

AS 46.14.020 

 
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18 AAC 50.305. Construction permit provisions requested by the owner or 

operator. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.306. Prevention of significant deterioration (PSD) permits. (a) An 

owner or operator must obtain a prevention of significant deterioration (PSD) permit under this 

section before beginning actual construction of a new major stationary source, a major 

modification, or a PAL major modification. 

(b) To satisfy the requirement of (a) of this section, the owner or operator must comply 

with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the 

following changes: 

(1) in 40 C.F.R. 52.21, 

 (A) the term “administrator” means 

 (i) “federal administrator” in 40 C.F.R. 52.21(b)(17), (b)(37), 

 (b)(43), (b)(48)(ii)(c), (i)(1)(x), (l)(2), and (p)(2); and 

 (ii) “department” elsewhere; 

(B) the term “national ambient air quality standard” means an ambient air 

quality standard set out in 18 AAC 50.010 for this state; 

(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; 

(2) exclusions from increment consumption apply to the maximum extent 

allowed under 18 AAC 50.215(b)(2); 

(3) in 40 C.F.R. 52.21(i)(1)(xi), each reference to the date “July 15, 2008” is 

replaced with “December 9, 2010”. 

(c) The department will issue each permit under this section following the procedures 

and other requirements of AS 46.14, and of 40 C.F.R. 51.166(f) and (q)(2), and 40 C.F.R. 52.21, 

as adopted by reference in 18 AAC 50.040, with the following additions and exemptions: 

(1) the date of receipt of the application is the date that the department has 

received all required information under AS 46.14.160 and this section; 

(2) the department will provide at least 30 days for the public to comment, and 

upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public 

hearing on the application as described in 18 AAC 15.060(d) - (h); 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(3) if requested by the owner or operator of a stationary source or modification 

that requires both a PSD permit and a Title V permit or permit modification, the department will 

integrate review of the operating permit application or amendment required by 18 AAC 50.326 

and the PSD permit application required by this section; a PSD permit application designated for 

integrated review will be processed in accordance with procedures and deadlines described in 

18 AAC 50.326. 

(d) In each PSD permit issued under this section, the department will include terms and 

conditions 

(1) as necessary to ensure that the permittee will construct and operate the 

proposed stationary source or modification in accordance with this section, including terms and 

conditions consistent with AS 46.14.180 that require the permittee to 

(A) install, use, and maintain monitoring equipment; 

(B) sample emissions according to the methods prescribed by the 

department, at locations and intervals specified by the department, and by procedures 

specified by the department; 

(C) provide source test reports, monitoring data, emissions data, and 

information from analysis of any test samples; 

(D) keep records; and 

(E) make periodic reports on process operations and emissions, and 

reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and 

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. 

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to 

challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 – 

18 AAC 15.340. (Eff.10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, 

Register 196; am 1/4/2013, Register 205) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.310. Construction permits: application. Repealed. (Eff. 1/18/97, Register 

141; repealed 10/1/2004, Register 171) 

18 AAC 50.311. Nonattainment area major stationary source permits. (a) In 

accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, 

before commencing construction of a major stationary source, major modification, or PAL major 

modification for a nonattainment pollutant in a nonattainment area, an owner or operator must 

obtain a construction permit from the department. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(b) The application for a permit under this section must include 

(1) for the nonattainment air pollutant, a 

(A) demonstration, including substantiating information, that emissions of 

the pollutant will be controlled to a rate that represents the lowest achievable emission 

rate (LAER); 

(B) demonstration that reductions in actual emissions from other 

stationary sources within the nonattainment area will equal or exceed the expected 

maximum emissions increase from the construction and operation of the stationary source 

or modification; and 

(C) description of the proposed reductions in actual emissions used to 

demonstrate satisfaction of the requirements in (B) of this paragraph; the description must 

include 

(i) from each stationary source providing the emission reductions, 

a complete application for a minor permit under 18 AAC 50.508(4); and 

(ii) a certification that proposed reductions in actual emissions will 

occur before the onset of emission increases from the stationary source or 

modification; 

(2) a demonstration that other stationary sources owned or operated by the 

applicant within the state are in compliance with 

(A) AS 46.14, this chapter, the Clean Air Act, and applicable federal 

regulations; or 

(B) an order issued under AS 46.03 that controls air emissions from those 

stationary sources; and 

(3) a demonstration that the benefits of construction, operation, or modification 

of the stationary source will significantly outweigh the environmental and social costs incurred, 

considering factors such as alternative sites, sizes, production processes, and environmental 

control techniques. 

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by 

reference, the department will provide notice and opportunity for a 30 - day public comment 

period on the department’s proposed permit or proposed denial. The department will issue a 

permit only if the department finds that the applicant has shown that the stationary source or 

modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by 

reference in 18 AAC 50.040. 

(d) In each construction permit issued under this section, the department will include 

terms and conditions 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(1) as necessary to ensure that the proposed stationary source or modification will 

meet the requirements of this section, including terms and conditions consistent with 

AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the 

department, at locations and intervals specified by the department, and by procedures 

specified by the department; 

(C) providing source test reports, monitoring data, emissions data, and 

information from analysis of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions, and 

reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and 

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. (Eff. 

10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170 

 AS 46.03.850 AS 46.14.130 AS 46.14.180 

AS 46.14.010 AS 46.14.140 

18 AAC 50.315. Construction permits: review and issuance. Repealed. (Eff. 

1/18/97, Register 141; am 6/21/98, Register 146; am 7/11/2002, Register 163; repealed 

10/1/2004, Register 171) 

18 AAC 50.316. Preconstruction review for construction or reconstruction of a 

major source of hazardous air pollutants. (a) Applicability. The owner or operator of a 

major source of hazardous air pollutants subject to a standard under 40 C.F.R. Part 63, adopted 

by reference in 18 AAC 50.040, must obtain a construction permit before 

(1) constructing a new major source of hazardous air pollutants subject to that 

standard; 

(2) reconstructing a major source of hazardous air pollutants subject to that 

standard; or 

(3) reconstructing a major source of hazardous air pollutants in a way that causes 

the source to become an affected source that is major-emitting under 40 C.F.R. Part 63 and 

subject to that standard. 

(b) Definitions. The term “administrator” as used in 40 C.F.R. 63.5(d) - (e), adopted by 

reference in 18 AAC 50.040, means “department” for the purposes of this section. 
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(c) Procedures for preconstruction approval. An application for a construction permit 

required under this section must be prepared and submitted in accordance with 40 C.F.R. 

63.5(d), adopted by reference in 18 AAC 50.040. After receiving a complete application, 

(1) the department will prepare a report that contains a preliminary decision to 

approve or deny the permit application; the department will make a decision to issue the permit 

only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference 

in 18 AAC 50.040, are met; 

(2) if the department makes the preliminary decision to deny the permit 

application, the owner, operator, or permittee may submit additional information for the 

department to consider before the department makes a final decision, as follows: 

(A) after consulting with the applicant, the department will specify dates 

by which the applicant must submit any additional information under this paragraph; 

(B) within 60 days after receiving the additional information, the 

department will 

(i) make a preliminary decision to approve or approve with 

conditions; or 

(ii) take a final permit action and deny the permit application for 

cause; 

(3) if the department makes a preliminary decision to approve the permit 

application, the department will 

(A) prepare a draft permit; 

(B) provide at least 30 days for the public to comment, and upon its own 

motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing 

on the application as described in 18 AAC 15.060(d) - (h); and 

(C) make available for public review the materials submitted by the 

applicant and a copy of the proposed permit in at least one location within the area known 

or expected to be affected by the stationary source as proposed; 

(4) if the department makes a decision to issue a final permit, the department will 

issue the permit consistent with AS 46.14.170. 

(d) Permit Content. In a permit under this section, the department will include terms 

and conditions that 

(1) reference specific applicable requirements under each applicable subpart of 

40 C.F.R. 63, adopted by reference in 18 AAC 50.040; 
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(2) require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240; and 

(3) require payment of fees in accordance with 18 AAC 50.400 - 

18 AAC 50.420. 

 

(e) Notification. For each notification that the owner or operator is required to send to 

the administrator under 40 C.F.R. 63.9, adopted by reference in 18 AAC 50.040, the owner or 

operator shall also send a copy of the notification to the department. (Eff. 10/1/2004, Register 

171; am 12/1/2004, Register 172) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.320. Construction permits: content and duration. Repealed. (Eff. 

1/18/97, Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.321. Case-by-case maximum achievable control technology 

determinations. (a) Purpose. This section implements EPA requirements for case-by-case 

maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) 

(Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40 - 63.44, adopted by reference in 

18 AAC 50.040. 

(b) Applicability. This section applies to any owner or operator who constructs or 

reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the 

(1) major source of hazardous air pollutants has been specifically regulated or 

exempted from regulation by a standard under 42 U.S.C. 7412(d), (h), or (j) (Clean Air Act secs. 

112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or 

(2) stationary source is exempted under (c) of this section. 

(c) Exclusions from this section. The requirements of this section do not apply to 

(1) an electric utility steam generating unit unless, and until such time as that unit 

is added to the source category list under 42 U.S.C. 7412(c)(5) (Clean Air Act, sec. 112(c)(5)); 

(2) a stationary source that is within a source category that has been deleted from 

the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or 

(3) research and development activities, as defined in 40 C.F.R. 63.41. 

(d) Prohibition. A person subject to this section may not begin actual construction or 

reconstruction of a major source of hazardous air pollutants unless the department has made a 

final and effective case-by-case determination under (e) of this section under which emissions 

from the constructed or reconstructed major source of hazardous air pollutants will be controlled 
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to a level no less stringent than the maximum achievable control technology emission limitation 

for new sources. 

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of this 

section the owner or operator must obtain a notice of MACT approval under the procedures of 

40 C.F.R. 63.43(d) – (m), adopted by reference in 18 AAC 50.040. To the extent practicable, the 

department will coordinate processing of the notice of MACT approval with the processing of 

any permit that is required for the stationary source or modification under this chapter. 

(f) Definitions. For purposes of this section, 

(1) the definitions of 40 C.F.R. 63.41 are adopted by reference, except that 

“permitting authority” means the department; 

(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the 

meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A, except that “construction,” 

“emission standard,” “hazardous air pollutant,” “operator,” “owner,” “potential to emit,” and 

“stationary source” have the meanings given in AS 46.14.990 and “fugitive emissions” has the 

meaning given in 18 AAC 50.990. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; 

am 10/6/2013, Register 208) 

Authority: AS 46.14.010(a) AS 46.14.020 

18 AAC 50.322. Construction permits: reopenings. Repealed. (Eff. 1/18/97, Register 

141; repealed 10/1/2004, Register 171) 

18 AAC 50.325. Operating permits: classifications. Repealed. (Eff. 1/18/97, Register 

141; am 6/21/98, Register 146; repealed 10/1/2004, Register 171) 

18 AAC 50.326. Title V operating permits. (a) Obligation for a permit. Except as 

provided in (b) – (k) of this section, an owner or operator of a Title V source must obtain a 

Title V permit consistent with 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040. 

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are 

adopted by reference, except that 

(1) “permitting authority” and “delegate agency” mean the department; 

(2) “applicable requirement” also means any obligation created by AS 46.14, this 

chapter, or a term or condition of a preconstruction permit issued by the department”; 

(3) “part 71 permit” means a Title V permit; 

(4) “part 71 program” means the permit program under this section; 

(5) “part 71 source” means any source subject to the permitting requirements 

under this section; 
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(6) “emissions unit” has the meaning given in AS 46.14.990; 

(7) “stationary source” has the meaning given in AS 46.14.990; 

(8) “administrator” means the administrator of EPA, except that “administrator” 

or “regional administrator” means the department at 

(A) 40 C.F.R. 71.3(e); and 

(B) 40 C.F.R. 71.6(a)(7). 

(c) Applications. To be timely, an application must satisfy AS 46.14.150, and 40 C.F.R. 

71.5(a)(1)(i) - (ii) do not apply. To be timely, an application for renewal must also satisfy 

40 C.F.R. 71.5(a)(1)(iii). Application fees must be paid in accordance with 18 AAC 50.400 – 

18 AAC 50.430. To establish confidentiality for information submitted to the department, the 

owner and operator must satisfy the requirements of AS 46.14.520, and 40 C.F.R. 71.5(a)(3) 

does not apply. The requirements of 18 AAC 50.205 apply to a permit application, report, or 

compliance certification under this section, and 40 C.F.R. 71.5(d) does not apply. After March 

13, 2013, an applicant for an operating permit, modification or revision to an operating permit, or 

renewal of an existing operating permit must use the department’s Title V Standard Application 

and Forms, adopted by reference in 18 AAC 50.035(a). The owner or operator of an existing 

Title V source who is planning a modification that requires a Title I permit as well as an 

operating permit modification may request either 

(1) integrated review of the Title I and Title V permits, in which the department 

will consolidate all required public notices, hearings, and comment periods; the applicant may 

provide either one application for both requested permits, or two separate applications; or 

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 

71.7(d), adopted by reference in 18 AAC 50.040; to qualify for this option, the application must 

satisfy the requirements for both the Title I and Title V applications; for applications that qualify, 

the department will issue or deny the Title I permit following the required procedures for the 

Title I permit, and all of the procedures of this section; a Title I permit must include all of the 

permit content required for the Title I permit and required under this section. 

(d) Applications – insignificant emission units. The provisions in 40 C.F.R. 

71.5(c)(11) for insignificant emission units and activities do not apply and are replaced by 

(d) - (i) of this section. Emission units and activities described in (e) - (i) of this section are 

insignificant and need not be included in an operating permit application except as follows: 

(1) an emission unit is not insignificant and must be included in an operating 

permit application if the emission unit is subject to 

(A) a federal requirement adopted by reference in 18 AAC 50.040(a) - 

(d); 

(B) an emission unit-specific requirement established under 
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(i) 18 AAC 50.201; 

(ii) a construction permit issued under this chapter; or 

(iii) a permit issued before January 18, 1997; or 

(C) a stationary source-specific or emission unit-specific emission 

limitation; 

(2) the application must list each requirement of 18 AAC 50.040(e), 

18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that applies to 

insignificant emission units at the stationary source; 

(3) the application must list each emission unit at the stationary source that is 

identified as insignificant under (e) or (g) of this section; if requested by the department, the 

applicant must provide sufficient documentation for the department to determine whether a 

source has been appropriately listed as insignificant; 

(4) the application may not omit information needed to evaluate the fee required 

under 18 AAC 50.410; 

(5) the application must include compliance certification based on reasonable 

inquiry for insignificant emission units; a compliance certification made during the permit term 

according to the schedule proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant 

emission units; 

(6) the application must propose conditions for monitoring, record keeping, and 

reporting if the conditions are necessary to assure compliance with requirements identified in (2) 

of this subsection. 

(e) Applications – insignificant emission units: emission rate basis. Except as 

provided in (d) of this section, an emission unit is insignificant based on emission rate if its 

actual emissions of each air pollutant are less than the rates listed in this subsection. If requested 

by the department, an applicant or permittee shall demonstrate that an emission unit listed as 

insignificant under this subsection has actual emissions less than the following rates: 

(1) five TPY of carbon monoxide; 

(2) two TPY of nitrogen oxides; 

(3) two TPY of sulfur oxides; 

(4) two TPY of volatile organic compounds; 

(5) 0.75 TPY of PM-10; 

(6) 0.005 TPY of lead; 
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(7) 0.15 TPY of fluorides; 

(8) 0.35 TPY of sulfuric acid mist; 

(9) 0.5 TPY of hydrogen sulfide; 

(10) 0.5 TPY of total reduced sulfur, including hydrogen sulfide; 

(11) 0.000000175 TPY of municipal waste combustor organics, measured as total 

tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans; 

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate 

matter; 

(13) two TPY of municipal waste combustor acid gases, measured as Sulfur 

dioxide and hydrogen chloride; 

(14) two TPY of ozone depleting substances in aggregate, the sum of Class I and 

Class II substances as defined in the Clean Air Act and 40 C.F.R. Part 82, adopted by reference 

in 18 AAC 50.040; 

(15) for greenhouse gases, 3,750 TPY of CO2 equivalent emissions (CO2e); 

(16) 0.5 TPY for any regulated air pollutant not listed in (1) – (15) of this 

subsection. 

(f) Applications – insignificant emission units: category basis. Except as provided in 

(d) of this section, the following categories of emission units are insignificant: 

(1) mobile transport tanks on vehicles, except for those containing asphalt or 

volatile liquids; 

(2) lubricating oil storage tanks; 

(3) equipment used to mix, package, store, or handle soaps, lubricants, hydraulic 

fluid, vegetable oil, grease, animal fat, and aqueous salt solutions if covered in a manner that 

minimizes or prevents unintended emissions; this category does not include equipment used to 

mix or package powdered detergent, spray dryers, or any equipment that must have an emission 

control device to comply with the requirements of 18 AAC 50.045(d) or 18 AAC 50.055; 

(4) pressurized storage of oxygen, nitrogen, carbon dioxide, air, or inert gasses; 

(5) vents from continuous emissions monitors and other analyzers; 

(6) sampling connections used exclusively to withdraw materials for laboratory 

analyses and testing; 
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(7) sample gathering, preparation, and management; 

(8) equipment and instrumentation used for quality control, quality assurance, or 

inspection purposes; 

(9) laboratory calibration and maintenance equipment; 

(10) individual laboratory hoods; 

(11) ventilating units used for human comfort that do not exhaust air pollutants 

into the ambient air from any manufacturing, industrial, or commercial process; 

(12) comfort air conditioning; 

(13) maintenance and upkeep activities such as routine housekeeping, grounds 

keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing, 

re-tarring roofs, applying insulation to buildings in accordance with applicable environmental 

and health and safety requirements, and paving or striping parking lots if these activities are not 

conducted as part of a manufacturing process, are not related to the primary business activity of 

the stationary source, and do not otherwise require a permit revision; this category does not 

include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal 

combustion engines used to provide electric power or heat; 

(14) portable solid waste containers such as dumpsters for municipal solid waste 

or office wastes; 

(15) structural changes that do not give rise to air pollutant emissions; this 

category does not include emissions from construction activities; 

(16) portable welding, brazing, cutting, and soldering operations used in 

incidental maintenance; 

(17) recreational fireplaces, including the use of barbecues, campfires, and 

ceremonial fires; 

(18) food preparation for human consumption including cafeterias, kitchen 

facilities, and barbecues located at a source for providing food service on the premises; 

(19) tobacco smoking rooms and areas; 

(20) emergency backup generators at single family or duplex residential 

locations; 

(21) washers, dryers, extractors, and tumblers for fabrics using water solutions of 

bleach or detergents; 

(22) janitorial services and consumer use of janitorial products; 
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(23) office activities; 

(24) materials and equipment used by, and activity related to, operation of an 

infirmary if the infirmary is not the stationary source’s business activity; this category does not 

include medical waste incineration at military bases; 

(25) personal care activities; 

(26) bathroom and toilet vents; 

(27) septic sewer systems, not including active wastewater treatment facilities; 

(28) cleaning and sweeping of streets and paved surfaces; 

(29) fuel and exhaust emissions from vehicles in parking lots; 

(30) flares used to indicate danger to the public; 

(31) firefighting and similar safety equipment and equipment used to train 

firefighters not subject to 18 AAC 50.065; 

(32) non-commercial smokehouses; 

(33) drop hammers or hydraulic presses for forging or metalworking; 

(34) blacksmith forges; 

(35) inspection equipment for metal products; 

(36) conveying and storage of plastic pellets; 

(37) plastic pipe welding; 

(38) tire buffing where a water spray is used with the particulate collection 

system to prevent smoke generation; 

(39) wet sand and gravel screening; 

(40) wax application; 

(41) ultraviolet curing processes; 

(42) hand-held applicator equipment for hot melt adhesives; 

(43) steam cleaning operations; 

(44) steam sterilizers; 
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(45) portable drums and totes; 

(46) hand-held equipment for buffing, polishing, cutting, drilling, sawing, 

grinding, turning, or machining wood, metal, or plastic; 

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; this 

category does not include associated power generation equipment; 

(48) equipment used exclusively to slaughter animals; this category does not 

include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, 

incinerators, and electrical power generating equipment; 

(49) ozonation equipment; 

(50) demineralization and oxygen scavenging (deaeration) of water; 

(51) pulse capacitors; 

(52) laser trimmers using dust collection to prevent fugitive emissions; 

(53) gas cabinets using only gasses that are not regulated air pollutants; 

(54) Carbon dioxide lasers used only on metals and other materials that do not 

emit hazardous air pollutants in the process; 

(55) photographic process equipment by which an image is reproduced upon 

material sensitized to radiant energy such as blueprint activity, photocopying, mimeograph, 

telefacsimile, photographic developing, and microfiche; 

(56) consumer use of paper trimmers and binders; 

(57) hydraulic and hydrostatic testing equipment; 

(58) batteries and battery charging areas; this category does not apply to 

manufacturing or rebuilding facilities; 

(59) salt baths using nonvolatile salts that do not result in emissions of any 

regulated air contaminants; 

(60) shock chambers; 

(61) mechanical wire strippers; 

(62) humidity chambers; 

(63) solar simulators; 
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(64) environmental chambers that do not use hazardous air pollutant gasses; 

(65) steam vents and safety relief valves not emitting process chemicals; 

(66) air compressors, pneumatically operated systems, and related hand tools; 

(67) digester chip feeders; 

(68) process water and white water storage tanks; 

(69) demineralizer tanks; 

(70) hydrogen peroxide tanks; 

(71) dryers; this category is limited to Yankee, after dryer, curing systems, and 

cooling systems; 

(72) winders; 

(73) chipping; 

(74) debarking; 

(75) pulp mill sludge dewatering and handling; 

(76) screw press vents; 

(77) pond dredging; 

(78) polymer tanks and storage devices and associated pumping and handling 

equipment used for solids dewatering and flocculation; 

(79) electrical circuit breakers, transformers, or switching equipment installation 

or operation; 

(80) electric or steam-heated drying ovens or autoclaves, excluding the articles or 

substances being processed in the ovens or autoclaves and the boilers delivering the steam; 

(81) sewer manholes, junction boxes, sumps, and lift stations associated with 

wastewater treatment systems at publicly owned treatment works; 

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those 

tanks and equipment do not emit volatile organic compounds (VOCs) or hazardous air 

pollutants; 

(83) natural gas pressure regulator vents; this category does not include venting 

at oil and gas production facilities; 
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(84) lubricating pumps, sumps, and systems; 

(85) well service equipment; 

(86) aircraft ground support equipment (AGE), lights, and heating, ventilation, 

and air conditioning (HVAC) support; this category does not include portable power generators; 

(87) engine crankcase vents and equipment lubricating sumps; 

(88) tanks containing separated water produced from oil and gas operations; 

(89) skimmer pits, oil-water separators, and maintenance of filter separators; 

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater 

conveyance facilities; 

(91) site assessment work, including the evaluation of waste disposal or 

remediation sites; 

(92) instrument systems using air or natural gas; 

(93) drill site manifold and wellhead enclosures; 

(94) vent emission from gas streams used as buffer or seal gas in rotating pump 

and compressor seals; 

(95) natural gas odorizing activities; 

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other 

equipment; 

(97) pipeline maintenance pigging activities; 

(98) truck, car, or aircraft washing if equipment is not designed to vaporize 

hydrocarbons from the wash water; 

(99) nonroutine clean-out of tanks and equipment for the purpose of worker entry 

or in preparation for maintenance or decommissions; 

(100) fugitive emissions of jet fuels associated with aircraft fuel cell and fuel 

bladder repair; 

(101) portable electrical generators that can be moved by hand from one location 

to another; 
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(102) natural gas and liquefied petroleum gas (LPG) vehicle fleet fueling 

facilities; 

(103) military field exercises, except emissions from permanent stationary 

sources; 

(104) fire suppression; 

(105) storage of water-treating chemicals to be used in a drinking water system or 

a boiler water feedwater system. 

(g) Applications – insignificant emission units: size or production rate basis. 

Except as provided in (d) of this section, the following emission units are insignificant on the 

basis of size or production rate: 

(1) operation, loading, and unloading of storage tanks and storage vessels with 

less than a 260-gallon capacity (35 cubic feet), with lids or other closure and heated only to the 

minimum extent necessary to avoid solidification; 

(2) operation, loading, and unloading of storage tanks with not greater than 

1,100-gallon capacity, with lids or other closure not for use with hazardous air pollutants, and 

with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg); 

(3) operation, loading, and unloading of volatile liquid storage with 10,000-

gallon capacity or less, with lids or other closure and storing liquid with a vapor pressure not 

greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; 

(4) operation, loading, and unloading of butane, propane, or liquefied petroleum 

gas (LPG) storage tanks with vessel capacity under 40,000 gallons; 

(5) a combustion emission unit with a rated capacity less than 4,000,000 Btu per 

hour exclusively using natural gas, butane, propane, or liquefied petroleum gas (LPG); emission 

units under this paragraph do not include internal combustion engines; 

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per 

hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less 

than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under 

this paragraph do not include internal combustion engines; 

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per 

hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not 

include internal combustion engines; 

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per 

hour if burning used oil; emission units under this paragraph do not include internal combustion 

engines; 
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(9) a combustion emission unit with a rated capacity less than 450,000 Btu per 

hour if burning wood waste or waste paper; emission units under this paragraph do not include 

internal combustion engines; 

(10) welding using not more than 50 pounds per day of welding rod; 

(11) foundry sand molds, unheated and using binders with less than 0.25 percent 

free phenol by sand weight; 

(12) "paralyene" coaters using less than 500 gallons of coating per year; 

(13) printing and silkscreening using less than two gallons per day of any 

combination of inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous 

solutions if they do not contain hazardous air pollutants; 

(14) comfort cooling towers and ponds that have a capacity not greater than 

10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not 

use chromium-based corrosion inhibitors; 

(15) combustion turbines rated at less than 160 horsepower; 

(16) batch distillation equipment with a batch capacity not greater than 

55 gallons and used only for solvents that do not contain hazardous air pollutants; 

(17) cleaning equipment 

(A) with less than 10 square feet of air-vapor interface; and 

(B) using solvent 

(i) that does not contain a hazardous air pollutant; and 

(ii) with a vapor pressure not more than 30 millimeters (mm) of 

mercury (Hg) at 20 degrees Celsius; 

(18) surface coating using less than two gallons per day of formulations not 

containing hazardous air pollutants; 

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure 

for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids; 

 

(20) cleaning and stripping activities and equipment using solutions having less 

than one percent volatile organic compounds (VOCs) by weight; when used on metallic 

substances, acid solutions are not insignificant; 

(21) equipment with lids or other closures used exclusively to pump, load, 

unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees 
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Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees 

Celsius; 

(22) surface coating, aqueous solution, or suspension containing less than one 

percent volatile organic compounds (VOCs); 

(23) storage and handling of water-based lubricants for metal working if the 

organic content of the lubricant is less than 10 percent; 

(24) municipal or industrial wastewater chlorination facilities of not greater than 

1,000,000 gallons per day capacity; 

(25) diesel engines of 250 horsepower or less being used to provide power for 

well servicing equipment. 

(h) Applications – insignificant emission units: case-by-case basis. This subsection 

lists emission units or activities that may be insignificant on the basis of size or production rate. 

Insignificant emission units and activities listed in this subsection that are subject to a standard 

under 18 AAC 50.050 – 18 AAC 50.090 must be listed on the permit application. Except as 

provided in (d) of this section, the department may determine the following emission units to be 

insignificant on a case-by-case basis: 

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water 

Pollution Control Act, National Pollutant Discharge Elimination System), and that are used 

solely for settling suspended solids and skimming oil and grease; and 

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee. 

(i) Applications – insignificant emission units: administratively insignificant 

emission units. The following emission units might have significant emissions, but are 

considered administratively insignificant emission units for the purpose of operating permit 

applications: 

(1) the propulsion of mobile sources; 

(2) general vehicle maintenance, including vehicle exhaust from repair stationary 

sources; and 

(3) agricultural activities on the property of a stationary source that are not 

subject to review by the department under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502 

and are not under common control with the permitted stationary source. 

(j) Permit content. Permit terms and conditions issued under this section will be 

developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except 

as follows: 

(1) with respect to any fee requirement or reference, the applicable provisions of 

18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(2) the department will include the expiration date in the permit; the permit 

duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) 

do not apply; 

(3) a stationary source subject to this section will also be subject to the standard 

operating permit conditions and other permit conditions as required by 18 AAC 50.345 and 

18 AAC 50.346; prompt reporting of permit deviations is subject to the department’s Standard 

Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R. 

71.6(a)(3)(iii)(B)(1) – (B)(4); the provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the 

standard permit conditions of 18 AAC 50.345; 

(4) for purposes of 40 C.F.R. 71.6(c)(6), the department will include in a Title V 

permit, consistent with AS 46.14.020(b) and 46.14.180, terms and conditions that are necessary 

to implement a requirement of AS 46.14 or this chapter; 

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not 

federally enforceable unless required by the Clean Air Act; that term or condition is not subject 

to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify each 

term or condition that is not federally enforceable and not subject to affected state review; 

(6) inspection and entry requirements are subject to AS 46.14.515; the provisions 

of 40 C.F.R. 71.6(c)(2) do not apply; 

(7) upon request of the applicant, and in accordance with this section, and with 

40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the department will establish a 

plantwide applicability limitation (PAL) in a Title V permit. 

(k) Permit review and issuance. The review and issuance of a permit under this section 

will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040 

except as follows: 

(1) the department may distribute a public notice to a person by electronic mail; 

if a person requests that the department send the notice by postal mail, the department will send 

the notice to the person by postal mail; 

(2) the department will only issue a permit if the permit conditions provide for 

compliance with all applicable requirements and the requirements of this section; the provisions 

of 40 C.F.R. 71.7(a)(1)(iv) do not apply; 

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the 

department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final 

permit; if EPA objects to a permit after the 45-day review period in AS 46.14.220 and the 

department has not issued the final permit, the department will not issue the final permit until the 

objections are resolved if the objections are based on 

(A) a petition filed by a person that is submitted within 60 days after the 

review period ends; and 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(B) objections that were raised during the public comment period for the 

permit, unless the petitioner shows that raising the objection during the public comment 

period was impracticable or that grounds for the objection arose after the public comment 

period; 

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 

71 dependent on whether a program has been delegated does not apply, including the phrase “in 

the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the 

phrase “When a part 71 program has been delegated in accordance with the provisions of this 

section,” in 40 C.F.R. 71.10; 

(5) a permit under this section becomes effective 30 days after the department 

issues the final permit; 

(6) when the department makes a final decision to approve or deny an application 

for a Title V permit, the department will notify the applicant and any person who commented on 

the application; a person described in AS 46.14.200 may request an adjudicatory hearing as 

prescribed in 18 AAC 15.195 – 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do 

not apply; in a notification of denial of an application, the department will include the reasons for 

denial; 

(7) the department will keep for five years any record and submit to the federal 

administrator any information that the federal administrator may reasonably require to ascertain 

whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661 – 

7661f (Title V, Clean Air Act). 

(l) Significant permit modifications. If an existing Title V permit prohibits 

construction or a change in operation for which a permit or notice of MACT approval is required 

under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, 

in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant 

permit modification to the Title V permit before commencing operation that incorporates the 

construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 

9/17/2011, Register 199; am 9/14/2012, Register 203) 

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190 

 AS 46.14.010 AS 46.14.150 AS 46.14.220 

 AS 46.14.020 AS 46.14.170 AS 46.14.230 

 AS 46.14.120 AS 46.14.180 AS 46.14.515 

 AS 46.14.130 

18 AAC 50.330. Operating permits: exemptions. Repealed. (Eff. 1/18/97, Register 

141; repealed 10/1/2004, Register 171) 

18 AAC 50.335. Operating permits: application. Repealed. (Eff. 1/18/97, Register 

141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, Register 168; repealed 

10/1/2004, Register 171) 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, 

Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, 

Register 171) 

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6/14/98, 

Register 146; repealed 10/1/2004, Register 171) 

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

conditions. (a) Subsections (b) – (o) of this section set out standard permit conditions that the 

department will include in each operating permit. The department may include the conditions set 

out in (c)(1) and (2) and (d) – (o) of this section in each minor permit and construction permit. 

The conditions set out in (m) – (o) of this section do not apply to visible emissions observations 

by smoke readers, except in connection with required particulate matter testing. 

(b) Compliance with permit terms and conditions is considered to be in compliance with 

those requirements that are 

(1) included and specifically identified in the permit; or 

(2) determined in writing in the permit to be inapplicable. 

(c) The permittee must comply with each permit term and condition. Noncompliance 

with a permit term or condition constitutes a violation of AS 46.14, this chapter, and, except for 

those terms or conditions designated in the permit as not federally enforceable, the Clean Air 

Act, and is grounds for 

(1) an enforcement action; 

(2) permit termination, revocation and reissuance, or modification in accordance 

with AS 46.14.280; or 

(3) denial of an operating permit renewal application. 

(d) It is not a defense in an enforcement action to claim that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with a permit 

term or condition. 

(e) Each permit term and condition is independent of the permit as a whole and remains 

valid regardless of a challenge to any other part of the permit. 

(f) The permit may be modified, reopened, revoked and reissued, or terminated for 

cause. A request by the permittee for modification, revocation and reissuance, or termination or 

a notification of planned changes or anticipated noncompliance does not stay any permit 

condition. 

(g) The permit does not convey any property rights of any sort, nor any exclusive 

privilege. 
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(h) The permittee shall allow the department or an inspector authorized by the 

department, upon presentation of credentials and at reasonable times with the consent of the 

owner or operator to 

(1) enter upon the premises where a source subject to the permit is located or 

where records required by the permit are kept; 

(2) have access to and copy any records required by the permit; 

(3) inspect any stationary source, equipment, practices, or operations regulated by 

or referenced in the permit; and 

(4) sample or monitor substances or parameters to assure compliance with the 

permit or other applicable requirements. 

(i) The permittee shall furnish to the department, within a reasonable time, any 

information that the department requests in writing to determine whether cause exists to modify, 

revoke and reissue, or terminate the permit or to determine compliance with the permit. Upon 

request, the permittee shall furnish to the department copies of records required to be kept by the 

permit. The department may require the permittee to furnish copies of those records directly to 

the federal administrator. 

(j) The permittee shall certify any permit application, report, affirmation, or compliance 

certification submitted to the department and required under the permit by including the 

signature of a responsible official for the permitted stationary source following the statement: 

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

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

emission reports must be certified either upon submittal or with an operating report required for 

the same reporting period. All other reports and other documents must be certified upon 

submittal. 

(k) In addition to any source testing explicitly required by the permit, the permittee shall 

conduct source testing as requested by the department to determine compliance with applicable 

permit requirements. 

(l) The permittee may request an extension to a source test deadline established by the 

department. The permittee may delay a source test beyond the original deadline only if the 

extension is approved in writing by the department’s appropriate division director or designee. 

(m) Before conducting any source tests, the permittee shall submit a plan to the 

department. The plan must include the methods and procedures to be used for sampling, testing, 

and quality assurance and must specify how the emission unit will operate during the test and 

how the permittee will document that operation. The permittee shall submit a complete plan 

within 60 days after receiving a request under (k) of this section and at least 30 days before the 

scheduled date of any test unless the department agrees in writing to some other time period. 

Retesting may be done without resubmitting the plan. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(n) At least 10 days before conducting a source test, the permittee shall give the 

department written notice of the date and the time the source test will begin. 

(o) Within 60 days after completing a source test, the permittee shall submit two copies 

of the results in the format set out in the Source Test Report Outline, adopted by reference in 

18 AAC 50.030. The permittee shall certify the results in the manner set out in (j) of this section. 

If requested in writing by the department, the permittee must provide preliminary results in a 

shorter period of time specified by the department. (Eff. 1/18/97, Register 141; am 6/21/98, 

Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008; am 

9/14/2012, Register 203) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140 

AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 

18 AAC 50.346. Construction and operating permits: other permit conditions. (a) 

For a construction permit or Title V permit, the department will use the standard permit 

condition in this subsection, unless the department determines that emission unit-specific or 

stationary source-specific conditions more adequately meet the requirements of this chapter or 

that no comparable condition is appropriate for the stationary source or emission unit. The 

department’s Standard Permit Condition II – Air Pollution Prohibited, as revised as of September 

27, 2010, is adopted by reference. 

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

this subsection, unless the department determines that emission unit-specific or stationary 

source-specific conditions more adequately meet the requirements of this chapter or that no 

comparable condition is appropriate for the Title V source or emission unit. The following 

standard permit conditions prepared by the department are adopted by reference: 

(1) Standard Permit Condition I – Emission Fees, as revised as of 

September 27, 2010; 

(2) Standard Permit Condition III – Excess Emissions and Permit 

Deviation Reports, as revised as of September 27, 2010; 

(3) Standard Permit Condition IV – Notification Form, as revised as of 

September 27, 2010; 

(4) Standard Operating Permit Condition V – Insignificant Sources, as 

revised as of September 27, 2010; 

(5) Standard Operating Permit Condition VI – Good Air Pollution Control 

Practices, as revised as of August 25, 2004; 

(6) Standard Operating Permit Condition VII – Operating Reports, as 

revised as of September 27, 2010. 
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(7) Standard Operating Permit Conditions XIV – Document Submittals 

and Electronic Copies, as revised as of August 20, 2008; 

 (8) Standard Operating Permit Condition XV – Emission Inventory 

Reporting, as revised as of September 27, 2010; 

 (9) Standard Operating Permit Condition XVI – Emission Inventory 

Reporting Form, as revised as of September 27, 2010. 

(c) Unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requirements of this chapter, the department will 

use the standard operating permit conditions listed in Table 7 of this subsection for the respective 

emission unit or emission unit types identified in the table. The standard operating permit 

conditions listed in Table 7 are adopted by reference. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Table 7 

Standard Operating Permit Conditions 

Emission Unit or Activity Standard Operating Permit Condition 

-Gas-fired fuel burning equipment, except 

flares 

Standard Operating Permit Condition VIII – 

Visible Emissions and Particulate Matter 

Monitoring Plan for Gas-Fired Fuel Burning 

Equipment, August 25, 2004 

–Stationary diesel engines 

–Liquid-fired stationary turbines 

–Other liquid-fired fuel burning equipment 

Standard Operating Permit Condition IX –

Visible Emissions and Particulate Matter 

Monitoring Plan for Liquid-Fired Emission 

Units, September 27, 2010

–Coal fired boilers 

–Coal handling equipment 

–Construction of gravel pads or roads that are 

part of a permitted stationary source, or other 

construction that has the potential to generate 

fugitive dust that reaches ambient air 

–Commercial, industrial, municipal solid waste, 

air curtain, and medical waste incinerators 

–Sewage sludge incinerators not using wet 

methods to handle the ash 

–Mines 

–Urea manufacturing 

–Soil remediation units 

–Dirt roads under the control of the operator 

with frequent vehicle traffic 

–Other sources the department finds are likely 

to generate fugitive dust 

Standard Operating Permit Condition X – 

Reasonable Precautions to Prevent Fugitive 

Dust, September 27, 2010 

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XI – SO2

Emissions from Oil Fired Fuel Burning 

Equipment, August 25, 2004 

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII – 

SO2 Material Balance Calculation, August 25, 

2004 

–Coal fired boilers Standard Operating Permit Condition XIII – 

Coal Fired Boilers, August 20, 2008 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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

171; am 11/9/2008, Register 188; am 12/9/2010, Register 196) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180 

 AS 46.14.010 AS 46.14.130 AS 46.14.250 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.350. Operating permits: content. Repealed. (Eff. 1/18/97, Register 141; 

am 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Register 162; repealed 

10/1/2004, Register 171) 

18 AAC 50.355. Changes to a permitted facility. Repealed. (Eff. 1/18/97, Register 

141; repealed 10/1/2004, Register 171) 

18 AAC 50.360. Facility changes that violate a permit condition. Repealed. (Eff. 

1/18/97, Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. 

(Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; 

repealed 10/1/2004, Register 171) 

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, 

Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; repealed 10/1/2004, Register 

171) 

18 AAC 50.380. General operating permits. Repealed. (Eff. 1/18/97, Register 141; am 

6/14/98, Register 146; repealed 10/1/2004, Register 171) 

18 AAC 50.385. Permit-by-rule for certain small storage tanks. Repealed. (Eff. 

6/21/98, Register 146; repealed 10/1/2004, Register 171) 

18 AAC 50.390. Permit-by-rule for drilling rigs and associated equipment. 

Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, 

Register 171) 

 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Article 4. User Fees. 

Section 

400. Permit administration fees 

401. Fees for a notice of MACT approval 

403. Negotiated service agreements 

405. Transition process for permit fees 

410. Emission fees 

420. Billing procedures 

430. Fee appeal procedures 

499. Definition for user fee requirements 

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of 

a Title V source described under 18 AAC 50.326 shall pay to the department the annual permit 

administration fees listed in this subsection. Permittees will be invoiced in July for each period 

from July 1 through the following June 30. Each annual permit fee is one-fifth of the total 

original permit cost or total cost of permit renewal. For an initial Title V permit, the annual 

permit fee is collected starting the first July after the permit is issued. The following permit 

administration fees apply to Title V sources: 

(1) for renewal of a permit for an oil-and-gas source with the potential to emit 

more than 250 tons per year of any one pollutant, the 

(A) annual permit fee is $2,675; and 

(B) annual compliance review fee is $1,895; 

(2) for renewal of a permit for a large power plant with the potential to emit more 

than 250 tons per year of any one pollutant, the 

(A) annual permit fee is $3,080; and 

(B) annual compliance review fee is $1,735; 

(3) for renewal of a permit for a small power plant with the potential to emit 

more than 250 tons per year of any one pollutant, the 

(A) annual permit fee is $1,390; and 

(B) annual compliance review fee is $1,485; 

(4) for renewal of a permit for a Title V source, with the potential to emit more 

than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or 

thermal soil remediation unit, the 

(A) annual permit fee is $2,045; and 
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(B) annual compliance review fee is $1,350; 

(5) for renewal of a permit for a small power plant, with the potential to emit 

more than 100 and less than 250 tons per year of any one pollutant, the 

(A) annual permit fee is $1,565; and 

(B) annual compliance review fee is $1,115; 

(6) for a Title V source that is operating under the department’s general operating 

permit for diesel engines, the annual compliance review fee is $730; 

(7) for renewal of a permit for a Title V source, other than one described in (1) – 

(6) of this subsection, and that has the potential to emit less than 250 tons per year of any one 

pollutant, the 

(A) annual permit fee is $2,090; and 

(B) annual compliance review fee is $1,345. 

(b) If the permittee, owner, or operator of a Title V source is subject to an annual permit 

fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the 

Title V permit for that source, the department will refund any annual permit fees that had been 

paid for that renewal. Annual compliance review fees and annual permit fees for original 

permits are not refundable. 

(c) Before the department takes action on any permit application received, and if the 

minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the 

permittee, owner, or operator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50.502 

and not subject to (j)(3) – (8) of this section who requests a minor permit must pay a 

nonrefundable one-time permit fee of $2,665. However, if fast-track procedures are not 

available under 18 AAC 50.542(b)(1), the permittee, owner, or operator must pay, for a 

stationary source other than one described in 18 AAC 50.502(b), time and other direct costs 

under (j) of this section. 

(d) If the department prepares a new general operating permit or a new general minor 

permit, the department will determine the cost of that permit by multiplying the number of hours 

the department spent to develop the permit by the hourly rate of salary and benefits of the 

department employees who developed the permit. This cost will be divided by the number of 

permittees who receive or are expected to receive the permit to determine the permit 

administration fee. 

(e) The permittee, owner, or operator of a stationary source shall pay an annual 

compliance fee of $325, to be paid for each period from July 1 through the following June 30, for 

a stationary source that is not classified as needing a Title V permit and that is 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (1) subject to a minor permit under 18 AAC 50.502; the compliance review fee 

must be paid in addition to the one-time permit fees in (c) of this section or a general minor 

permit fee in (d) of this section; or 

 

 (2) required to have a minor permit under 18 AAC 50.502(b), that is operating 

under an operating or general permit issued before October 1, 2004. 

(f) Before the department take action on any request of application received, the 

permittee, owner, or operator of a stationary source who requests a minor permit, review, action, 

or activity described in this subsection must pay a nonrefundable one-time permit fee as follows: 

 (1) to change a Title I permit or approval to operate by administrative amendment 

under AS 46.14.285, a permit fee of $465; 

 (2) to change a Title V permit or approval to operate by administrative 

amendment under 18 AAC 50.326, or to add a minor permit to a Title V permit by administrative 

amendment under 18 AAC 50.542(e), a permit fee of $225, except as provided in (3) of this 

subsection; 

 (3) to change a Title V permit by administrative amendment to incorporate, in 

accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by reference in 18 AAC 50.040, the 

requirements from a construction permit issued under 18 AAC 50.316, a permit fee of $220; 

 (4) to change an approval to operate under 18 AAC 50.225 by administrative 

amendment under AS 46.14.285, a permit fee of $465. 

(g) After the department completes a review, action or activity described in this 

subsection, and sought by the permittee, owner, or operator of a stationary source subject to 

18 AAC 50.326 or 18 AAC 50. 502, the permittee, owner , or operator will be invoiced for and 

shall pay a nonrefundable one-time fee as follows: 

 (1) for department review under 18 AAC 50.345(m) of a source test plan, a fee of 

$665; 

 (2) for department review under 18 AAC 50.345(o) of the results of a source test, 

a fee of $660; 

 (3) for department intake and processing of an excess emission report or permit 

deviation report submitted in accordance with a stationary source’s permit, a fee of $15; 

 (4) for a fee review under 18 AAC 15.190, a fee of $210; the department will 

waive the fee charged under this paragraph if the outcome of the fee review is a reduction of 50 

percent or more in the amount of the disputed fee. 

(h) The permittee, owner, or operator of a stationary source who requests an owner 

requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a preapproved emission 

limit under 18 AAC 50.230 must pay the following fees: 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (1) for an ORL, 

 

 (A) a one-time administrative fee of $2,290, to be paid before the 

 department takes action on any request received; and 

(B) an annual compliance review fee of $235, unless the permittee, 

owner, or operator is required to pay an annual compliance review fee under (a) or (e) of 

this section. 

 (2) for a preapproved emission limit for diesel engines under 18 AAC 50.230(c), 

 

 (A) a one-time administrative fee of $85, to be paid before the limit takes 

 effect; and 

 (B) an annual compliance review fee of $45; 

 (3) for a preapproved emission limit for a gasoline distribution facility considered 

under 18 AAC 50.230(d) to be a bulk gasoline plant, 

 (A) a one-time administrative fee of $65, to be paid before the limit takes 

 effect; and 

 (B) an annual compliance review fee of $60. 

(i) Except as provided in (j)(20) of this section, the fee for department review of a 

request for open burning under 18 AAC 50.065 is $200. 

(j) Unless the designated regulatory service is subject to a fixed fee set out in (a) – (i) of 

this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 

18 AAC 50.403, the permittee, owner, or operator shall pay an hourly permit administration fee 

for a designated regulatory service. The department will calculate the total amount due under this 

subsection by multiplying the number of hours spent to provide the designated regulatory service 

by the hourly rate of salary and benefits of the department employees who provided the 

designated regulatory service, and by adding to the resulting amount any other direct costs. 

Designated regulatory services subject to this subsection include regulatory services for 

 

 (1) an original permit for a Title V source, with the potential to emit more than 

100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or 

thermal soil remediation unit; 

 (2) an original permit for a small power plant with the potential to emit more than 

100 and less than 250 tons per year of any one pollutant; 

 (3) an asphalt plant described in 18 AAC 50.502(b)(1); 

 (4) a thermal soil remediation unit described in 18 AAC 50.502(b)(2); 
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 (5) a rock crusher described in 18 AAC 50.502(b)(3); 

 (6) an incinerator described in 18 AAC 50.502(b)(4); 

 

(7) A Port of Anchorage stationary source; 

 (8) a coal preparation plant; 

 (9) a minor permit under 18 AAC 50.502(c)(1), if a construction permit is not 

required under AS 46.14.130(a) for that stationary source; 

 (10) a minor permit under 18 AAC 50.502(c)(3); 

 (11) a minor permit establishing or revising a plantwide applicability limitation 

(PAL) without an ambient air quality analysis; 

 (12) a minor permit establishing or revising a plantwide applicability limitation 

(PAL) with an ambient air quality analysis; 

 (13) an adjudicatory hearing under 18 AAC 15.195 – 18 AAC 15.340, if 

requested under 18 AAC 50.260(m), 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 

50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current 

on all other billings in the department, the department will hold in abeyance a fee charged under 

this paragraph during the course of the adjudicatory hearing; 

 (14) a minor modification to a Title V permit under 40 C.F.R. 71.7(e)(1), adopted 

by reference in 18 AAC 50.040; 

 (15) a significant modification to a Title V permit under 40 C.F.R. 71.7(e)(3), 

adopted by reference in 18 AAC 50.040; 

 (16) revision or rescission of terms or conditions of a Title I permit; 

 (17) department observation of a source test conducted; 

 (18) pre-application assistance, including services under 18 AAC 50.260; 

 (19) department review of a modeling protocol; 

 (20) department review of a request for open burning under 18 AAC 50.065, if 

the department determines that smoke incursion into a public place, into an airport, into a Class I 

area, into a nonattainment area for carbon monoxide or PM-10, or into a maintenance area for 

carbon monoxide or PM-10 is likely; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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 (21) compliance and enforcement activities, including preparation of a notice or 

violation, compliance order by consent, settlement agreement, or consent decree; however, for 

purposes of this paragraph, compliance and enforcement activities do not include activities after 

the filing of a complaint in court; 

 (22) completion of a permitting action that was requested before January 29, 

2005, except as provided in 18 AAC 50.405; and 

 (23) the reopening of permit terms or conditions at the request of the permittee, 

owner, or operator before issuance of a permit. 

(k) In this section, 

(1) "airport" has the meaning given in AS 02.25.100; 

(2) "large power plant" 

(A) means a Title V source 

(i) that contains a coal-fired boiler; 

(ii) the purpose of which is to generate electricity, and that 

contains a combustion turbine electric generator or natural gas-fired steam plant; 

or 

(iii) that has a potential to emit a total greater than or equal to 500 

tons per year of regulated air pollutants in the aggregate, and that contains 

emission units used to provide power to a mine or military base; 

(B) does not include a Title V source that operates under the department's 

general permit for diesel engines; 

(3) "oil-and-gas source" means a Title V source not described in (2)(A) of this 

subsection, the purpose of which is the exploration for, extraction of, processing of, 

transportation of, or storage of crude oil, natural gas, or other petroleum products, or related 

activities; "oil-and-gas source" does not include a petroleum refinery or liquefied natural gas 

(LNG) plant; 

(4) "public place" has the meaning given in AS 46.06.150; 

(5) "small power plant" 

(A) means a Title V source not described in (2)(A) or (3) of this 

subsection 

(i) the purpose of which is to generate electricity, and that 

contains one or more diesel-fired internal combustion engines to generate power 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(ii) the purpose of which is seafood processing; or 

(iii) that has a potential to emit a total less than 500 tons per year 

of regulated air pollutants in the aggregate, and that contains emission units used 

to provide power to a mine or military base; and 

(B) does not include a Title V source that operates under the department's 

general permit for diesel engines. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; 

am 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; 

am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 7/1/2010, Register 194; 

am 9/14/2012, Register 203) 

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140 

AS 37.10.052 AS 46.03.020 AS 46.14.240 

AS 37.10.058 

18 AAC 50.401. Fees for a notice of MACT approval. Repealed. (Eff. 10/1/2004, 

Register 171; repealed 1/29/2005, Register 173) 

18 AAC 50.403. Negotiated service agreements. If a fixed permit administration fee 

has not been set under 18 AAC 50.400(a) - (i) for a designated regulatory service, the permittee, 

owner, or operator of a stationary source may request a negotiated service agreement under 

AS 37.10.052(b) for that designated regulatory service. If requesting a negotiated service 

agreement for one or more of the following designated regulatory services, the permittee, owner, 

or operator must submit a retainer payment of $5,300 per designated regulatory service before 

the department begins negotiations: 

(1) a minor permit under 18 AAC 50.502(c)(2)(B); 

(2) a PSD permit under 18 AAC 50.306 for a new major stationary source; 

(3) a major modification of a major stationary source; 

(4) a construction permit under 18 AAC 50.302 for a new stationary source or 

modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air 

Act sec. 112(i)); 

(5) a permit for the construction of a new stationary source or addition of an 

emission unit at a stationary source, if the stationary source is 

(A) in a sulfur dioxide special protection area established under 

18 AAC 50.025(c); 

(B) in the Nikiski Industrial Area; or 

(C) on an offshore platform; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(6) a major modification of a major stationary source, for which a limit is 

requested specifically to avoid review under 18 AAC 50.306; 

(7) a minor permit under 18 AAC 50.508(4); 

(8) the renewal of a Title V permit for a Title V source for which fees are not 

established under 18 AAC 50.400(a); 

(9) a notice of MACT approval under 18 AAC 50.321. (Eff. 1/29/2005, Register 

173; am 12/3/2005, Register 176; am 7/1/2010, Register 194) 

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140 

 AS 37.10.052 AS 46.03.020 AS 46.14.240 

 AS 37.10.058 

18 AAC 50.405. Transition process for permit fees. For a permit issued under this 

chapter, if the applicant has submitted an application before January 29, 2005 and the department 

has not yet worked on that permit application, at the request of the applicant, the department will 

process the permit under the provisions of 18 AAC 50.400 - 18 AAC 50.499 in effect on January 

29, 2005. Any retainer submitted before January 29, 2005 will be applied to any fees effective 

after January 29, 2005. (Eff. 1/29/2005, Register 173) 

Authority: AS 37.10.050 AS 46.03.020 AS 46.14.240 

 AS 44.46.025 AS 46.14.140 

18 AAC 50.410. Emission fees. (a) For each period from July 1 through the following 

June 30, the permittee, owner, or operator shall pay to the department an annual emission fee 

based on the stationary source’s assessable emissions for that year for each stationary source that 

is subject to a permit under this chapter. The emissions fee is assessed per ton for each air 

pollutant for which projected emissions are 10 tons per year or greater, except as limited under 

AS 46.14.250(e).

(b) Except as provided in (c), (f), and (g) of this section, emission fees will be assessed 

as follows: 

 (1) for stationary sources required to obtain an operating permit under 

AS 46.14.130(b), an emission fee rate of $28.57 per ton; of that per ton amount, $19.32 will be 

allocated to the clean air protection fund under AS 46.14.260, and $9.25 will be allocated to the 

emission control permit receipts account under AS 46.14.265; 

(2) for stationary sources not subject to (1)(A) of this subsection but otherwise 

required to obtain a permit under AS 46.14.130, the emission fee rate of $9.25 per ton, which 

will be allocated to the emissions control permit receipts account under 

AS 46.14.265. 

(c) The quantity of emissions for which fees will be assessed is the lesser of the 

stationary source’s 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(1) potential to emit; or 

(2) projected annual rate of emissions, as that term is used in AS 46.14.250, if 

demonstrated by 

(A) an enforceable test method described in 18 AAC 50.220; 

(B) material balance calculations; 

(C) emission factors from EPA’s Compilation of Air Pollutant Emission 

Factors, Volume I: Stationary Point and Area Sources, adopted by reference in 

18 AAC 50.035; or 

(D) other methods and calculations approved by the department. 

(d) For a stationary source that needs an operating permit only because that source 

contains an emission unit that is subject to a federal emission standard under 42 U.S.C. 7411 or 

7412, only emissions from the emission unit subject to that standard are subject to emission fees 

under (b)(1) of this section. 

(e) In emissions projections prepared under AS 46.14.250(h)(1)(B) and (c)(2) of this 

section, the permittee, owner, or operator shall account for emissions from equipment classified 

under 18 AAC 50.100 that temporarily replaces or substitutes for permanently installed 

equipment at a stationary source. 

(f) For stationary sources required to obtain a minor permit in accordance with 

18 AAC 50.502(c) or 18 AAC 50.508(6) but not required to obtain an operating permit under 

AS 46.14.130(b), the permittee shall pay a one-time emission fee assessed for the state fiscal 

year following the state fiscal year in which the permit was issued. The emission fee is based on 

assessable emissions for the state fiscal year being assessed and is billed in July of that year. The 

entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The 

annual emission fee rate is $9.25 per ton. 

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions 

for a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the 

emission fee is allocated to the emission control permit receipts account under AS 46.14.265, 

and the permittee shall pay the emission fee 

 (1) at the time of application or notification for operation that will occur in the 

same state fiscal year; 

 

(2) for operation that will occur during more than one state fiscal year under 

a single application or notification, after billing under 18 AAC 50.420 by the department for any 

subsequent state fiscal year; and 

(3) at the following rates for a single portable oil and gas operation for which the 

owner or operator submits a new application or notification for operation under the general 

minor permit on or after December 3, 2005: 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(A) for a portable oil and gas operation north of 69 degrees, 30 minutes 

North latitude, 

(i) $1,336 for operation at one or more ice pads during a winter 

drilling season; 

(ii) $4,008 for operation during a state fiscal year at one or more 

sites not including a seasonal ice pad; 

(B) for a portable oil and gas operation outside the area described in (A) 

of this paragraph, 

(i) $1,245 for drilling five or fewer wells under the same 

application or notification during a state fiscal year; 

(ii) $2,490 for drilling no fewer than six and no more than 10 

wells under the same application or notification during a state fiscal year; 

(iii) $3,735 for drilling 11 or more wells under the same 

application or notification during a state fiscal year. 

(h) For purposes of this section, “state fiscal year” means a year beginning on July 1 of 

one calendar year and ending on June 30 of the following calendar year. (Eff. 1/18/97, Register 

141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 

1/29/2005, Register 173; am 12/3/2005, Register 176; am 12/14/2006, Register 180; am 

6/18/2009, Register 190; am 7/1/2010, Register 194) 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 

18 AAC 50.420. Billing procedures. (a) The department will bill emission fees 

assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with 

AS 46.14.250. The department will bill fixed permit administration fees under AS 46.14.240 

and 18 AAC 50.400(a) - (i) 

(1) on or before the 15th of July; or 

(2) quarterly on or before January 15, April 15, July 15, and October 15 if 

requested in writing by the person required to pay the fee. 

(b) On or before the 15th of each month, the department will bill permit administration 

fees for designated regulatory services rendered during the preceding month under 

18 AAC 50.400(j). However, for reviews of excess emission reports, the department will bill on 

a semiannual basis if requested in writing by the person required to pay the fee. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

116 

(c) Fees assessed under this chapter are due within 60 days after the billing date. A 

payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person 

required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430. 

Interest will be charged on the unpaid balance, beginning on the 61st day after the billing date. 

(d) A person required to pay an emission fee under 18 AAC 50.410 may pay that fee in 

equal quarterly installments if 

(1) the fee exceeds $1,000; and 

(2) a written request is submitted to the department with the first installment 

before the due date described in (c) of this section. 

(e) If installment payments are requested under (d) of this section, the remaining three 

installments, including interest accrued as described in (c) of this section, must be paid on or 

before October 15, January 15, and April 15 of each year. 

(f) An owner, operator, or permittee who 

(1) increases a stationary source's assessable emissions through a permit revision 

shall pay to the department an emission fee for the increase in assessable emissions; the fee is 

due within 60 days after the effective date of the permit revision; or 

(2) decreases the stationary source's assessable emissions through a permit 

revision may request a prorated refund or credit to the stationary source's fee account toward 

future fees. 

(g) The owner, operator, or permittee who terminates operations or whose permit has 

lapsed or is terminated by the department may request a refund calculated by the department for 

fees collected in excess of the amount due for the stationary sources' actual emissions. 

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission 

fees or permit administration fees will be sent to the last known address of the stationary source 

that is subject to the fee. In an invoice, the department will include an itemized list of charges 

and credits for the billing period and a calculation of total credit balance or amount due on the 

account. For permit administration fees for designated regulatory services under 

18 AAC 50.400(j), the department will also include as part of the itemized list the 

(1) date on which the task was performed and a description of the task; 

(2) name of the individual who performed the task; and 

(3) time spent on the task on that date and the charge for the task, determined 

under 18 AAC 50.400(j). (Eff. 1/18/97, Register 141; am 10/16/2003, Register 168; am 

10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194) 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

117 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 AS 46.14.240 AS 46.14.255 

 

 

18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of 

a fee under AS 46.14 or this chapter or who disputes the computation of charges may request 

review under 18 AAC 15.190. 

(b) Repealed 7/11/2002. 

(c) Repealed 7/11/2002. (Eff. 1/18/97, Register 141; am 7/11/2002, Register 163) 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 AS 46.14.240 

18 AAC 50.499. Definitions for user fee requirements. In 18 AAC 50.400 – 

18 AAC 50.499, unless the context requires otherwise, 

(1) “designated regulatory service” has the meaning given in AS 37.10.058; 

(2) “direct cost” has the meaning given in AS 37.10.058; 

(3) “hourly rate of salary and benefits” has the meaning given in AS 37.10.058. 

(Eff. 1/29/2005, Register 173) 

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140 

 AS 37.10.052 AS 46.03.020 AS 46.14.240 

 AS 37.10.058 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Article 5. Minor Permits. 

Section 

502. Minor permits for air quality protection 

508. Minor permits requested by the owner or operator 

509. Construction of a pollution control project without a permit 

540. Minor permit: application 

542. Minor permit: review and issuance 

544. Minor permits: content 

546. Minor permits: Revisions 

560. General minor permits 

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is 

required as described in (b) - (f) of this section, except that a permit is not required under this 

section 

(1) before construction, modification, or relocation of a new major stationary 

source or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; 

however, a minor permit is required under this section for an air pollutant if that air pollutant is 

not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a 

permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph 

for that air pollutant will be issued as part of the major permit; 

(2) before operation if the stationary source needs a Title V permit; however, the 

need for a Title V permit does not exempt a stationary source from the requirement for a minor 

permit for construction, modification, or relocation; 

(3) before relocation if the stationary source is already allowed by permit to 

operate at the new location; or 

(4) as provided in (g) of this section. 

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a 

minor permit under this section before construction, operation, or relocation of a stationary 

source containing 

(1) an asphalt plant with a rated capacity of at least five tons per hour of product; 

(2) a thermal soil remediation unit with a rated capacity of at least five tons per 

hour of untreated material; 

(3) a rock crusher with a rated capacity of at least five tons per hour; 

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or 

more per hour; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(5) a coal preparation plant; or 

(6) a Port of Anchorage stationary source. 

(c) The owner or operator must obtain a minor permit under this section before 

(1) beginning actual construction of a new stationary source with a potential to 

emit greater than 

 (A) 15 TPY of PM-10; 

(B) 40 TPY of nitrogen oxides; 

(C) 40 TPY of sulfur dioxide; 

(D) 0.6 TPY of lead; 

(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 

(2) beginning actual construction or, if not already authorized in a permit under 

this chapter, beginning relocation 

(A) on or after December 3, 2005 of a portable oil and gas operation, 

unless the owner or operator 

(i) complies with an existing operating permit developed for the 

portable oil and gas operation at the permitted location; or 

(ii) operates as allowed under AS 46.14.275 (Timely and 

Complete Application as Shield) without an operating permit; 

(B) after October 1, 2004 of an emission unit with a rated capacity of 

10 million Btu or more per hour in a sulfur dioxide special protection area established 

under 18 AAC 50.025(c); or 

(3) beginning a physical change to or a change in the method of operation of an 

existing stationary source with a potential to emit an air pollutant greater than an amount listed in 

(1) of this subsection that will cause for that pollutant an emissions increase calculated at the 

discretion of the owner or operator as either an increase in 

(A) potential to emit that is greater than 

(i) 10 TPY of PM-10 
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(ii) 10 TPY of sulfur dioxide; 

(iii) 10 TPY of nitrogen oxides; 

(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 

(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; 

(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. 

(d) An owner or operator may satisfy the requirement for a minor permit under this 

section through a stationary source-specific permit issued under 18 AAC 50.540 – 

18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may 

apply for a minor permit under this section that is valid at multiple locations. The owner or 

operator of a stationary source listed in (b) of this section 

(1) if operating under an operating permit issued before October 1, 2004 may 

(A) continue to operate under that permit, which remains in effect 

regardless of the stated expiration date in the permit, unless the department takes an 

action under AS 46.14.280; or 

(B) apply for a new permit under this section at any time; or 

(2) if qualified, may apply for and operate under a general operating permit that 

was issued before October 1, 2004 and that has not expired or been revoked by the department as 

of the date the department receives a complete application; the owner or operator may 

(A) continue to operate under that permit, which remains in effect 

regardless of the stated expiration date in the permit, unless the department takes action 

under AS 46.14.280; or 

(B) apply for a new permit under this section at any time. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(e) For the purposes of (c)(3)(B) of this section, actual emissions shall be calculated by 

comparing projected actual emissions to the baseline actual emissions. In determining the 

projected actual emissions, before beginning actual construction, the owner or operator of the 

stationary source shall 

(1) consider all relevant information, including historical operational data, the 

owner’s or operator’s own representations, the owner’s or operator’s expected business activity 

and the owner’s or operator’s highest projections of business activity, the owner’s or operator’s 

filings with the state or federal regulatory authorities, and compliance plans under 

AS 46.14.120; and 

(2) include fugitive emissions to the extent quantifiable and emissions associated 

with startups, shutdowns, and malfunctions; and 

(3) exclude, in calculating any increase in emissions that results from the 

particular project, that portion of the unit's emissions following the project that an existing unit 

could have accommodated during the consecutive 24-month period used to establish the baseline 

actual emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth. 

(f) If the owner or operator elects to base permit applicability for a modification on a 

calculation of actual emissions, if the project does not need a minor permit based on that 

calculation, and if a reasonable possibility exists that the project may result in an emissions 

increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply 

with the following: 

(1) before beginning actual construction of the project, the owner or operator 

shall document and maintain a record of the following information: 

(A) a description of the project; 

(B) identification of each emission unit that has emissions of a regulated 

NSR pollutant that could be affected by the project; and 

(C) a description of the applicability test used to determine that the 

project is not a modification subject to (c)(3) of this section for any regulated NSR 

pollutant, including the baseline actual emissions, the projected actual emissions, the 

amount of emissions excluded under (e)(3) of this section, an explanation for why that 

amount was excluded, and any netting calculations, if applicable; 

(2) if the emission unit is an existing electric utility steam generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the information 

listed in (1) of this subsection to the department; 

(3) the owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project and that is emitted by any emission unit 

identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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emissions, in tons per year on a calendar year basis, for a period of five years following 

resumption of regular operations after the project, or for a period of 10 years following 

resumption of regular operations after the project if the project increases the design capacity of 

or potential to emit that regulated NSR pollutant at that emission unit; 

(4) if the emission unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the department within 60 days after the end of each 

year during which records must be generated under (3) of this subsection setting out the unit's 

annual emissions during the calendar year that preceded submission of the report. 

(5) if the emissions unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the department if the annual 

emissions, in tons per year, from the project identified in (1) of this subsection, exceed the 

baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an 

amount exceeding the thresholds in (c)(3) of this section for that regulated NSR pollutant, and if 

those emissions differ from the reconstruction projection as documented and maintained under 

(1)(C) of this subsection; the report shall be submitted to the department within 60 days after the 

end of that year; the report must contain the following: 

(A) the name, address, and telephone number of the stationary source; 

(B) the annual emissions as calculated under (3) of this subsection; 

(C) any other information that the owner or operator wishes to include in 

the report. 

(g) An increase in emissions under (c)(3) of this section does not require a permit under 

that paragraph if a plantwide applicability limitation (PAL) is established for the stationary 

source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040. 

(h) For the purposes of this section 

(1) “baseline actual emissions” has the meaning given in 40 C.F.R. 52.21(b)(48), 

adopted by reference in 18 AAC 50.040, except that in that definition the term “major stationary 

source” is revised to read “stationary source within the meaning given in AS 46.14.990”; 

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 

51.166(b)(30), as revised as of July 1, 2003 and adopted by reference; 

(3) “net emissions increase” has the meaning given in 40 C.F.R. 52.21(b)(3) 

adopted by reference in 18 AAC 50.040, except that “net emissions increase” applies to 

(A) any increase in emissions of an air pollutant at a stationary source 

with existing emissions of that air pollutant greater than the amounts listed in (c)(1) of 

this section; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 

52.21(b)(3)(i)(a), “net emissions increase” is not restricted to a significant emissions 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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increase or significant net emissions increase within the meaning of 40 C.F.R. 

52.21(b)(3), (23), and (40), or to a major stationary source; and 

(B) the calculation of whether a modification requires a minor permit 

under (c)(3) of this section, rather than whether the modification is a major modification; 

 (4) “projected actual emissions” means the maximum annual rate, in tons per 

year, at which an existing emission unit is projected to emit a regulated NSR pollutant in any one 

of the five 12-month periods following the date the unit resumes regular operation after the 

project, or in any one of the 10 years following that date, if the project involves increasing the 

emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full 

utilization of the unit would result in an emissions increase or a net emissions increase greater 

than a threshold in (c)(3) of this section. 

 (5) “regulated NSR pollutant” has the meaning given in 40 C.F.R. 52.21(b)(50), 

adopted by reference in 18 AAC 50.040(h). 

(i) For the purposes of this section, fugitive emissions will 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 1/4/2013, Register 205; am 

11/9/2014, Register 212) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.508. Minor permits requested by the owner or operator. An owner or 

operator may request a minor permit from the department for 

(1) repealed 7/25/2008; 

(2) repealed 7/25/2008; 

(3) establishing or revising a plantwide applicability limitation (PAL) for a major 

stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 

18 AAC 50.040, apply to a PAL established or revised under this chapter; 

(4) establishing actual emission reductions from an existing stationary source if 

requested by that source’s owner or operator to offset an increase in allowable nonattainment air 

pollutant emissions at a 

(A) new major stationary source; 

(B) major modification; or 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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(C) PAL major modification; 

(5) establishing an owner requested limit (ORL) to avoid one or more permit 

classifications under AS 46.14.130 at a stationary source that will remain subject to at least one 

permit classification; a limitation approved under an ORL is an enforceable limitation for the 

purpose of determining 

(A) stationary source-specific allowable emissions; and 

(B) a stationary source’s potential to emit; or 

(6) revising or rescinding the terms and conditions of a Title I permit issued 

under this chapter, except as provided under 18 AAC 50.510. (Eff. 10/1/2004, Register 171; am 

7/25/2008, Register 187; am 12/9/2010, Register 196) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.509. Construction of a pollution control project without a permit. 

Repealed. (Eff. 10/1/2004, Register 171; repealed 7/25/2008, Register 187) 

18 AAC 50.510. Minor permit – Title V permit interface. A term or condition 

established in a minor permit issued under 18 AAC 50.542 and identified in the minor permit as 

solely necessary to meet a Title V operating permit requirements to qualify as an operating 

permit administrative amendment under 18 AAC 50.542(e) and 40 C.F.R. 71.7(d), adopted by 

reference in 18 AAC 50.040(j), is considered a Title V term or condition upon incorporation into 

a Title V permit. A subsequent revision to the term or condition may be made solely through the 

applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326. 

(Eff. 12/9/2010; Register 196) 

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. Minor permit: application. (a) Application information. An 

application for a stationary source-specific minor permit must provide all of the information 

required by this section, including all information required by the applicable listed forms, unless 

the department specifies that the provision of one or more specific items makes the provision of 

additional items unnecessary for the department’s determination. Applications must be on 

department forms. 

(b) General information. Each application must include the information prescribed by 

the Stationary Source Identification Form, included in the department’s Minor Permit 

Application Forms, adopted by reference in 18 AAC 50.030. 
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(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary 

source, a permit application under 18 AAC 50.502 must include 

(1) the information required in the following forms, included in the department’s 

Minor Permit Application Forms, adopted by reference in 18 AAC 50.030: 

(A) the Emission Unit Information Form; 

(B) the Emission Summary Form; and 

(2) for a permit for construction, modification, or relocation of a stationary 

source, a demonstration in accordance with 18 AAC 50.215(b) – (e) that the proposed potential 

emissions from the stationary source will not interfere with the attainment or maintenance of the 

ambient air quality standards, except as provided under (l) of this section; the ambient 

demonstration must follow an approved modeling protocol if the department requests a modeling 

protocol for demonstrating compliance with ambient air quality standards; unless the department 

has made a finding in writing that the stationary source or modification does not need an ambient 

analysis to determine that construction and operation will not result in a violation of an ambient 

air quality standard, the application must include an ambient analysis for 

(A) each air pollutant for which a permit is required under 

18 AAC 50.502(c)(1) or (3); 

(B) sulfur dioxide, annual average PM-2.5, PM-10, and nitrogen dioxide 

for a portable oil and gas operation; 

(C) sulfur dioxide for a stationary source in an sulfur dioxide special 

protection area established under 18 AAC 50.025(c); or 

(D) an air pollutant for which the department requests an analysis for a 

stationary source classified under 18 AAC 50.502(b). 

(d) Carbon monoxide source or modification. For construction that would increase 

carbon monoxide emissions by 100 TPY or more within 10 kilometers of a 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 for carbon monoxide. 

(e) Port of Anchorage. For a Port of Anchorage stationary source, the application must 

include the information required in the department’s Air Quality Compliance Certification 

Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, adopted by 

reference in 18 AAC 50.030. 

(f) Repealed 7/25/2008. 

(g) Repealed 7/25/2008. 
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(h) Plantwide applicability limitation (PAL). An application for a minor permit 

establishing or revising a plantwide applicability limitation (PAL) must include the information 

listed in 40 C.F.R. 52.21(aa)(3), adopted by reference in 18 AAC 50.040. As the department 

considers necessary to evaluate impacts on ambient air quality standards, the department will 

require the application to include a demonstration that emissions under the PAL will not cause or 

contribute to a violation of ambient air quality standards. 

(i) Offsetting emissions. An application for a minor permit for a limitation to establish 

offsetting emissions must specify the physical or operational limitations necessary to provide 

actual emission reductions of the nonattainment air pollutant; including 

(1) a calculation of the expected reduction in actual emissions; and 

(2) the emission limitation representing that quantity of emission reduction. 

(j) Owner requested limits (ORLs). An application for a minor permit establishing an 

owner requested limit (ORL) under 18 AAC 50.508(5) must include the information and 

materials required under 18 AAC 50.225(b)(2) – (6) and (8). 

(k) Revising or rescinding permit conditions. An application for a minor permit 

revising or rescinding terms or conditions of a Title I permit under 18 AAC 50.508(6) must 

include 

(1) a copy of the Title I permit that established the permit term or condition; 

(2) an explanation of why the permit term or condition should be revised or 

rescinded; 

(3) the effect of revising or revoking the permit term or condition on 

 (A) emissions; 

 (B) other permit terms; 

 (C) the underlying ambient demonstration, if any; and 

 (D) compliance monitoring; and 

(4) for a condition that allows an owner or operator to avoid a permit 

classification, the information required of an applicant for that type of permit, unless the revised 

condition would also allow the owner or operator to avoid the classification. 

 (l) One-hour nitrogen dioxide exemption. A permit applicant is not required to 

demonstrate compliance with the one-hour nitrogen dioxide standard in 18 AAC 50.010(5)(B), 

unless the department finds that the emissions have a reasonable likelihood of causing or 

significantly contributing to ambient concentrations that exceed the one-hour nitrogen dioxide 

standard, and makes a written request for a demonstration. (Eff. 10/1/2004, Register 171; am 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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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 9/14/2012, Register 203; am 1/4/2013, 

Register 205) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.542. Minor permit: review and issuance. (a) Permit issuance 

procedure options. The department will use either the fast-track procedures in (b) and (c) of 

this section, or the procedures in (d) of this section to issue a stationary source-specific minor 

permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 

if the application qualifies under (b) and (c) of this section, unless 

(1) the stationary source is 

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions; 

(B) in a sulfur dioxide special protection area established under 

18 AAC 50.025(c); 

(C) in the Nikiski Industrial Area; 

(D) on an offshore platform; 

(E) in the Municipality of Anchorage; 

(F) in the City of Fairbanks; 

(G) within Fort Wainwright; or 

(H) within Eielson Air Force Base; or 

(2) a person requests a public comment period under (b)(1) of this section. 

(b) Fast-track procedures. Fast-track procedures for minor permits under 

18 AAC 50.502 are as follows: 

(1) upon receiving a complete application the department will give notice using 

the Alaska Online Public Notice System established under AS 44.62.175, by mail or electronic 

mail to persons on a list maintained by the department, including any person who requests to be 

notified, and by other means the department finds necessary for informing the public; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department will send the 

notice by postal mail; in the notice, the department will 

 

(A) include a summary of the information provided by the applicant, and 
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(B) give any person 15 days to request a 30-day public comment period 

under (d) of this section; if a comment period is requested, the department will make a 

preliminary decision and issue a public notice under (d) of this section; 

(2) if required by the department, the owner or operator shall apply online; 

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or 

for an air pollutant for which the department requests an analysis for a stationary source 

classified under 18 AAC 50.502(b), the application must include a screening ambient air quality 

analysis in accordance with (c) of this section, unless the department has made a finding in 

writing that the stationary source or modification does not need an ambient air quality analysis to 

determine that construction and operation will not result in a violation of an ambient air quality 

standard; 

(4) the fast-track procedures are available only if all predicted air pollutant 

concentrations meet the compliance criteria in (c)(2) of this section; 

(5) if the approval criteria of (f) of this section are met, the department will issue 

the permit within 30 days after receiving the application. 

(c) Screening ambient air quality analysis. A screening ambient air quality analysis 

under (b)(3) of this section 

(1) must 

(A) follow a modeling protocol developed by the department or otherwise 

approved by the department that is suitable for fast-track permitting; the department will 

approve the protocol for a screening level modeling demonstration if it finds that the 

department would be able to adequately review the resulting modeling demonstration in 

the time available for fast-track permitting; 

(B) use a model and screening meteorological data approved by the 

department for the fast-track procedure; 

(2) is considered to show compliance with the ambient air quality standard for an 

air pollutant and averaging period if 

(A) for a new stationary source or modification, the predicted ambient air 

concentration from the stationary source, excluding offsite or background contributions, 

does not exceed 50 percent of each ambient air standard for PM-2.5, 67 percent of the 

ambient standard for PM-10, or 80 percent of each ambient standard for sulfur dioxide or 

nitrogen dioxide; 

(B) for a modification, the predicted concentration resulting from the 

proposal is less than the significant impact level in Table 5 in 18 AAC 50.215(d); 
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(C) for a modification, if the owner or operator has completed a previous 

ambient analysis that adequately characterizes the stationary source as it existed before 

the modification, and the sum of the highest ambient air concentration from the previous 

analysis plus the highest predicted ambient air concentration resulting from the increase 

is less than the concentration described in (A) of this paragraph; 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 

(d) Procedures that include a public comment period. The department will use the 

following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under 

18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this section are not 

available: 

(1) no later than 30 days after an application is determined or considered to be 

complete under AS 46.14.160 or additional information is submitted in accordance with 

AS 46.14.160(c), the department will make a preliminary decision to approve or deny the 

application; the department will provide notice and opportunity for public comment on the 

department’s preliminary decision as follows: 

(A) the department will provide at least 30 days for the public to submit 

comments; 

(B) the department will give notice 

(i) using the Alaska Online Public Notice System established 

under AS 44.62.175; 

(ii) by mail or electronic mail to persons on a list maintained by 

the department, including any person who requests to be notified; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department 

will send the notice by postal mail; and 

(iii) by other means the department finds necessary for informing 

the public; 

(C) the department will make available for public inspection in at least 

one location in the affected area 

(i) the information submitted by the owner or operator; 

(ii) any department analysis on the effect on air quality; 
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(iii) the reasons for the department’s preliminary approval or 

denial; and 

(iv) if the department proposes to approve the application, a copy 

of the proposed permit; 

(D) for a request under 18 AAC 50.508(6) to revise a construction permit 

issued under 18 AAC 50.306 – 18 AAC 50.316, the department will provide an 

opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by 

reference in 18 AAC 50.040; and 

(E) the department will make a preliminary decision to approve the 

application only if the application includes all information required by 18 AAC 50.540, 

and the department finds that the approval criteria of (f) of this section will be met; the 

department will include in a preliminary permit any conditions necessary to assure 

compliance with this chapter; 

(2) the department will notify the applicant, and any person who commented on 

the department’s preliminary decision, of the department’s final decision to approve or deny the 

permit application; a person described in AS 46.14.200 may request an informal or adjudicatory 

hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; in a notification of denial of an 

application, the department will include the reasons for denial. 

(e) Adding a minor permit to a Title V permit by administrative amendment. An 

owner or operator may add the conditions of a minor permit to a Title V permit by administrative 

amendment if 

(1) the minor permit is issued using procedures that satisfy the requirements of 

both this section and 18 AAC 50.326; and 

(2) the permit contains terms and conditions that satisfy the requirements of both 

18 AAC 50.544 and 18 AAC 50.326. 

(f) Approval criteria. The department will 

(1) deny a minor permit application for a stationary source or modification 

classified under 18 AAC 50.502 if the department finds that construction and operation will 

result in a violation of 

(A) a requirement of 18 AAC 50.045 – 18 AAC 50.090; or 

(B) an ambient air quality standard; 
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(2) deny a minor permit application for carbon monoxide emissions near a 

nonattainment area if the department finds that construction and operation of the stationary 

source will cause an ambient concentration that exceeds a carbon monoxide concentration in 

Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality 

standard for carbon monoxide; 

(3) deny a minor permit for a Port of Anchorage stationary source if the 

department finds that construction and operation of that source will result in a violation of a 

requirement of 18 AAC 50.045 – 18 AAC 50.090; 

(4) repealed 7/25/2008; 

(5) repealed 7/25/2008; 

(6) approve a minor permit for establishing or revising a PAL, if the department 

finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by 

reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that 

emissions under the PAL will not cause or contribute to a violation of an ambient air quality 

standard; 

(7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to 

establish offsetting emissions, if the department finds that permanent, actual emission reductions 

of the nonattainment air pollutant will result from the limitations proposed in the application; 

(8) approve a minor permit establishing an owner requested limit under 

18 AAC 50.508(5), if the department finds that 

(A) the stationary source is capable of complying with the limit; and 

(B) the permit conditions are adequate for determining continuous 

compliance with the limit; and 

 (9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I 

permit term or condition, if the department finds that the permit will still require the owner or 

operator to comply with all applicable requirements of this chapter. 

(g) Duration. A minor permit issued under this section remains in effect until changed 

by another Title I permit or by an action by the department under AS 46.14.280, except 

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a 

plantwide applicability limitation; and 

(2) that an owner requested limit that avoids only a Title V permit remains in 

effect until the owner or operator requests in writing to revise or revoke the limit and, if the new 

limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, 

Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am 12/9/2010, Register 

196; am 1/4/2013, Register 205)
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 AS 46.14.200 

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 

18 AAC 50.542, the department will 

(1) identify the stationary source, the project, the permittee, and contact 

information; 

(2) include the requirement to pay fees in accordance with 18 AAC 50.400 – 

18 AAC 50.499; 

(3) include any conditions established under 18 AAC 50.201, as applicable; 

(4) include the requirements of an owner requested limit under 18 AAC 50.225 

that applies to the stationary source; 

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

(6) include conditions as necessary to protect ambient air quality; and 

(7) include, as needed, conditions required under 40 C.F.R. Part 71, as adopted 

by reference in 18 AAC 50.040(j) and 18 AAC 50.326 to accommodate an owner or operator 

request to add the conditions of a minor permit to a Title V permit by administrative amendment 

under 18 AAC 50.542(e). 

(b) In each minor permit under 18 AAC 50.502(b), the department will include 

 (1) terms and conditions as necessary to ensure that the proposed stationary 

source or modification will meet the requirements of AS 46.14 and this chapter, including terms 

and conditions under AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the 

department and at locations and intervals, and by procedures specified by the department; 

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions; 

(2) a permit condition requiring the owner or operator to 
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(A) perform regular maintenance considering the manufacturer’s or the 

operator’s maintenance procedures; 

(B) keep records of any maintenance that would have a significant effect 

on emissions; the records may be kept in an electronic format; and 

(C) keep a copy of either the manufacturer’s or the operator’s 

maintenance procedures. 

(c) In each minor permit under 18 AAC 50.502(c), the department will include 

(1) terms and conditions as necessary to ensure that the proposed stationary 

source or modification will not cause or contribute to a violation of any ambient air quality 

standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, 

including terms and conditions under AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the 

department and at locations and intervals, and by procedures specified by the department; 

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions; 

(2) terms and conditions requiring performance tests for emission limits under 

18 AAC 50.050 – 18 AAC 50.090; and 

(3) terms and conditions requiring maintenance of equipment according to the 

manufacturer’s or operator’s maintenance procedures, including requirements to keep a copy of 

either the manufacturer’s or the operator’s maintenance procedures. 

(d) For each stationary source that is not subject to Title V permitting under 

18 AAC 50.326, the department will include in the minor permit the requirement for a periodic 

affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still 

accurately described by the application and minor permit, and whether the owner or operator has 

made changes that would trigger the requirement for a new permit under this chapter. In the 

minor permit, the department will set out a time period between required affirmations as 

appropriate to the stationary source regulated by the minor permit. 

(e) Repealed 7/25/2008. 

(f) In a minor permit that establishes or revises a plantwide applicability limitation 

(PAL), the department will include 
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(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 

18 AAC 50.040; and 

(2) conditions as the department considers necessary to prevent emissions under 

the PAL from causing or contributing to a violation of an ambient air quality standard. 

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the 

department will include terms and conditions to ensure that the stationary source will meet the 

criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for 

(A) installation, use, and maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by the 

department and at locations, intervals, and by procedures specified by the department; 

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples; 

(D) keeping records; and 

(E) making periodic reports on process operations and emissions. 

(h) In each minor permit establishing an owner requested limit (ORL) under 

18 AAC 50.508(5), the department will include terms and conditions that 

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and 

reporting requirements; 

(2) list all equipment covered by the ORL; and 

(3) describe each permit classification under AS 46.14.130 that the ORL allows 

the owner or operator to avoid. 

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or 

conditions of a Title I permit, the department will include terms and conditions as necessary to 

ensure that the permittee will construct and operate the proposed stationary source or 

modification in accordance with this chapter. If the limit 

(1) made it possible for the owner or operator to avoid any preconstruction 

review under this chapter, the limit remains in effect until the owner or operator obtains 

(A) a new construction permit or minor permit under this chapter as if the 

limit had never existed; or 

(B) under this section or under 18 AAC 50.508, a new limit that allows 

the owner or operator to continue to avoid preconstruction review; or 
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(2) made it possible to avoid a Title V permit, the limit remains in effect until the 

owner or operator obtains 

(A) a new Title V permit under this chapter as if the limit had never 

existed; or 

(B) under this section or under a permit classified in 18 AAC 50.508, a 

new limit that allows the owner or operator to continue to avoid the need for the permit. 

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

7/25/2008, Register 187; am 11/9/2008, Register 188; am 12/9/2010, Register 196) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180

 AS 46.14.020 AS 46.14.140 AS 46.14.250 

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the 

procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor permit, either at the request of 

the permittee or on the department’s own initiative, in accordance with AS 46.14.280. 

(b) Notwithstanding (a) of this section, the department may revise non-substantive 

elements of a minor permit without further administrative procedures. (Eff. 10/1/2004, Register 

171; am 7/25/2008, Register 187) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 AS 46.14.285 

18 AAC 50.560. General minor permits. (a) Criteria. The department may issue a 

general minor permit to allow construction or operation of stationary sources or emission units 

that 

(1) require a minor permit; 

(2) involve the same or similar types of operation; 

(3) involve the same type of emissions; and 

(4) are subject to similar air quality control requirements. 

(b) General minor permit issuance procedures. To issue a general minor permit, the 

department will provide notice and opportunity for public comment on the department’s 

proposed permit by 
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(1) posting a public notice on the Alaska Online Public Notice System 

established under AS 44.62.175; 

(2) sending a copy of the notice by mail or electronic mail to persons on a list 

maintained by the department, including any person who has requested to be notified; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department will send the 

notice by postal mail; 

(3) distributing the notice using other means the department finds necessary for 

informing the public; 

(4) allowing the public at least 30 days to submit comments; and 

(5) making available for public inspection in the affected area 

(A) a description of the stationary sources that would qualify under the 

general minor permit; 

(B) the results of any department analysis on the effect on air quality; 

(C) the reasons for the department’s proposed action; 

(D) a copy of the proposed permit and of the proposed application or 

notification form; 

(E) a description of how interested persons may comment on the proposed 

general minor permit, including the period during which the department will accept 

public comments; and 

(F) the time and place of any public hearing; the department will schedule 

any public hearing no sooner than 30 days after the date the first notice was published. 

(c) Application or notification forms. The department will issue an application or 

notification form with each general minor permit. This may include an online or electronic form. 

The forms will identify the information that an applicant must provide to operate under the 

general minor permit, including 

(1) information identifying the stationary source and location of the stationary 

source, and contact information; as necessary to show that the stationary source meets the 

qualifying criteria or a term or condition of the general minor permit, the department will require 

that location information required under this subsection or under (d) – (g) of this section include 

a map and scale drawing; 

(2) any information that is necessary to determine that the stationary source 

qualifies for the general minor permit; 
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(3) identification of all equipment to be operated under the general minor permit; 

and 

(4) a certification by the applicant that the stationary source is capable of 

complying with all permit requirements. 

(d) Applying to construct or operate under a general minor permit. To construct or 

operate under a general minor permit, the owner or operator must submit the appropriate 

completed application or notification form for the specific stationary source type. In a general 

minor permit, the department will specify whether the applicant must submit a complete 

notification form and operate in compliance with the general minor permit, or whether the 

applicant must also obtain department approval under (e) of this section to operate under the 

general minor permit. If the general minor permit requires that the applicant get approval, the 

department will notify the owner or operator within 30 days after receipt of the application that 

(1) the application is complete; 

(2) additional information is necessary to make the application complete; or 

(3) the stationary source does not qualify for the general permit. 

(e) Approval to construct or operate under a general minor permit. Approval to 

construct or operate under the general minor permit is granted when the department finds the 

application complete. If the general minor permit does not require department approval, and if 

the stationary source meets all of the qualifying criteria and operates in compliance with the 

general minor permit, the owner or operator may construct or operate under the permit 

immediately after the department receives a completed notification form. The general minor 

permit authorizes construction or operation only for 

(1) equipment identified in the application or notification; and 

(2) a location identified under (c), (f), or (g) of this section. 

(f) General minor permit content. In a general permit the department will set out 

(1) criteria that must be met in order for a stationary source to qualify under the 

general minor permit; 

(2) a requirement to notify the department of the physical location of the 

stationary source before commencing construction or operation under the general minor permit, 

if the location is not provided in the application or notification; 

(3) requirements in accordance with 18 AAC 50.544; 

(4) for portable stationary sources, a notification form and procedures for a 

change in location; and 
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(5) any other terms and conditions that are necessary to assure that the stationary 

source continues to meet the qualifying criteria of the general minor permit. 

(g) Relocation. A portable stationary source is authorized to operate under a general 

minor permit at additional locations not identified in the permit application or notification if the 

(1) permittee notifies the department by submitting a completed change of 

location form following the procedures specified in the permit; and 

(2) stationary source will continue to meet all of the permit’s qualifying criteria at 

each location. (Eff. 10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180 

 AS 46.14.010 AS 46.14.140 AS 46.14.211 

 AS 46.14.020 AS 46.14.150 AS 46.14.250 

 AS 46.14.120 AS 46.14.170 
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Article 6. (Reserved)
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

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Article 7. Transportation Conformity. 

Section

700. Purpose 

705. Applicability

710. (Repealed) 

712. Agency Responsibilities

715. Interagency consultation procedures 

720. Public involvement 

725. (Repealed)

730. (Repealed)

735. Frequency of transportation conformity determinations

740. Written commitments 

745. Resolving conflicts

750. Exempt projects

18 AAC 50.700. Purpose. (a) The purpose of 18 AAC 50.700 – 18 AAC 50.750 is to 

ensure that a transportation plan, transportation improvement program, revisions to the State Air 

Quality Control Plan adopted by reference in 18 AAC 50.030, including those portions in it that 

are federally approved and recognized as the state implementation plan, or other federal action 

that affects transportation within a carbon monoxide, nitrogen dioxide, ozone, PM-2.5, or PM-10 

nonattainment or maintenance area located in the state will not hinder the attainment or 

maintenance of the national ambient air quality standards in that area if 

(1) the plan, program, project or action is federally funded or federally approved; 

or 

(2) the plan, program, project, or action is non-federally funded but is a 

regionally significant project that is funded, adopted, or approved by a current or prior 

recipient of funds under 23 U.S.C. (highways) or 49 U.S.C. 5301 – 5340 (public 

transportation).

(b) The provisions of 18 AAC 50.700 – 18 AAC 50.750 set out the policy, criteria, and 

consultation procedures for demonstrating and assuring conformity of transportation activities 

described under (a) of this section, for inclusion in the State Air Quality Control Plan adopted by 

reference in 18 AAC 50.030. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/17/2015, 

Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

Deleted: of 18 AAC 50.700 – 18 AAC 50.735

Deleted: Coverage of 18 AAC 50.700 - 18 AAC 50.735: 

obligations of responsible agency

Deleted: Transportation conformity: incorporation by reference of 

federal regulations

Deleted: Transportation conformity: i

Deleted: Transportation conformity: p

Deleted: General conformity: incorporation by reference of federal 

regulations

Deleted: General conformity: mitigation of air quality impacts

Deleted: General conformity: f

Deleted: Purpose of 18 AAC 50.700 – 18 AAC 50.735. The 

purpose of ¶

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation 

plan, program project, or federal action within a nonattainment or 

maintenance area, will not hinder attainment of the national ambient 

air quality standards in that area if ¶

¶

(1) the plan, program, project, or action is federally-funded or 

federally-approved; or ¶

(2) the project is nonfederally funded but is a regionally 

significant project that is funded, adopted, or approved by a current 

or prior recipient of funds under 23 U.S.C. or ¶

49 U.S.C. 53 (Federal Transit Act)
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

141 

18 AAC 50.705. Applicability. (a) The provisions of 18 AAC 50.700 – 18 AAC 

50.750 apply to

(1) a transportation plan, transportation improvement program, or other federal 

transportation project that is

(A) located within a carbon monoxide, nitrogen dioxide, ozone, PM-2.5, 

or PM-10 nonattainment or maintenance area in the state; and

(B) funded or requires approval under 23 U.S.C. or 49 U.S.C. 5301 – 

5340;

(2) a transportation plan, transportation improvement program, or other federal 

transportation project that is non-federally funded but that is a regionally significant 

project funded, adopted, or approved by a current or prior recipient of funds designated 

under 23 U.S.C. or 49 U.S.C. 5301 – 5340; or 

(3) revisions to the State Air Quality Control Plan adopted by reference in 

18 AAC 50.030, including the state implementation plan, that affect transportation. 

(b) The sponsoring agency has the obligation to meet the applicable requirements of 

18 AAC 50.700 – 18 AAC 50.750. For purposes of 18 AAC 50.700 – 18 AAC 50.750, the 

sponsoring agency is the agency that 

(1) receives or manages federal money for the transportation plan, transportation 

improvement program, or other federal transportation project as described in (a) of this section; 

(2) develops the transportation plan, transportation improvement program, or 

other federal transportation project as described in (a) of this section; or 

(3) funds, adopts, or approves a non-federal, regionally significant project and is 

a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 5301 – 5340. (Eff. 1/4/95, 

Register 133; am 9/4/98, Register 147; am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.710. Transportation conformity: incorporation by reference of federal 

regulations. Repealed. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, 

Register 193; repealed 4/17/2015, Register 214) 

18 AAC 50.712. Agency responsibilities. Representatives of the department, the 

Department of Transportation and Public Facilities, metropolitan planning organizations, and 

local and regional air quality and transportation agencies recognized by the state shall undertake 

an interagency consultation process with each other and with the local or regional offices of the 

United States Environmental Protection Agency and the United States Department of 

Transportation, Federal Highway Administration (FHWA) and Federal Transit Administration 

Deleted: Coverage of 18 AAC 50.710 - 18 AAC 50.735: 

obligations of responsible agency. (a) The requirements of 18 

AAC 50.710 – 18 AAC 50.720 apply to ¶

¶

(1) a transportation plan, program, or project within a 

nonattainment or maintenance area that is funded by, or 

requires approval under, 23 U.S.C. or 49 U.S.C. 5301 – 

5338; or¶

¶

(2) a project that is nonfederally funded, but that is a 

regionally significant project funded, adopted, or approved 

by a current or prior recipient of funds designated under 23 

U.S.C. or 49 U.S.C. 53 (the Federal Transit Act).¶

¶

(b) The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply 

to all federally-funded or approved actions within a nonattainment 

or maintenance area not described in (a) of this section.¶

¶

(c) It is the obligation of the responsible agency to meet the 

applicable requirements of 18 AAC 50.700 - 18 AAC 50.735. 

For purposes of ¶

¶

(1) transportation conformity under 18 AAC 50.710 – 18 AAC 

50.720, “responsible agency” means the agency that ¶

(A) receives or manages the federal money for the 

transportation plan, program, or project referred to in (a) of 

this section; ¶

¶

(B) develops the transportation plan, program, or project referred 

to in 

(a) of this section; or¶

¶

(C) funds, adopts, or approves a nonfederal, regionally 

significant project and is a current or prior recipient of funds 

under 23 U.S.C. or 49 U.S.C. 53; ¶

¶

(2) general conformity under 18 AAC 50.725 – 18 AAC 

50.735, “responsible agency” means the federal agency 

that is responsible for the funding or for approval of the 

action referred to in (b) of this section

Deleted: An agency subject to 40 C.F.R. Part 93 shall comply with 

the following federal regulations, as revised as of July 1, 2009, 

adopted by reference:¶

¶

(1) 40 C.F.R. 93.100 (Purpose);¶

¶

(2) 40 C.F.R. 93.101 (Definitions);¶

¶

(3) 40 C.F.R. 93.102 (Applicability);¶

¶

(4) 40 C.F.R. 93.103 (Priority);¶

¶

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations);¶

¶

(6) 40 C.F.R. 93.106 (Content of transportation plans);¶

¶

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP 

conformity with the NEPA process);¶

¶

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and 

TIPs);¶

¶

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining 

conformity of transportation plans, programs, and projects: ... [1]

Deleted: Editor's note: The regulations of the Federal Highway 

Administration and the Federal Transit Authority concerning fiscal 

constraint referred to in 18 AAC 50.710(8) may be found at 23 

C.F.R. 450.216(m), 23 C.F.R. 450.322(f)(10), and 23 C.F.R. 

450.324.(h).¶
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

142 

(FTA) on the development of the state implementation plan, transportation plans, transportation 

improvement programs, and associated conformity determinations in accordance with the 

responsibilities and procedures of 18 AAC 50.700 – 18 AAC 50.750 and the State Air Quality 

Control Plan, Volume II, Section III.1.3. (Eff. 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.715. Interagency consultation procedures. (a) Before issuing a final 

transportation conformity determination or transportation–related state implementation plan 

revision under 18 AAC 50.700 – 18 AAC 50.750, the sponsoring agency described in 18 AAC 

50.705(b), shall 

(1) contact the office of the local governing body to determine if that office is 

aware of any plans for construction of a regionally significant project that is not funded under 

23 U.S.C. (highways) or 49 U.S.C. 5301 - 5340, including any project for which alternative 

locations, design concept and scope, or the no-build option are still being considered; 

(2) prepare a preliminary interagency discussion draft, a public review draft, and 

a final draft of the conformity determination or transportation-related state implementation plan 

revision through the interagency consultation process described in (b) - (g) of this section with 

staff of 

(A) the department; 

(B) the local air quality planning agency or government; 

(C) the Department of Transportation and Public Facilities; 

(D) the local transportation committee, agency, or government; 

(E) any agency created under state law that sponsors or approves 

transportation projects; 

(F) the United States Environmental Protection Agency; 

(G) the United States Department of Transportation, Federal Highway 

Administration (FHWA); 

(H) the United States Department of Transportation, Federal Transit 

Administration (FTA);

(I) the metropolitan planning organization and any other regional 

transportation planning organization; and

Deleted: Transportation conformity:

Deleted: interagency

Deleted: 18 AAC 50.700 - 18 AAC 50.720

Deleted: responsible

Deleted: 18 AAC 50.705(c)(1)

Deleted: Highways

Deleted: 49 U.S.C. 5301 - 5338
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

143 

(J) any participant listed in the State Air Quality Control Plan, Volume II, 

Section III.I.3; and 

(3) make the public review draft of the conformity determination or 

transportation-related state implementation plan revision available for public review and 

comment as required in 18 AAC 50.720. 

(b) A staff member of the sponsoring agency shall 

(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a 

preliminary interagency discussion draft of the conformity determination or transportationrelated state implementation plan revision, including necessary supporting information; 

(2) ensure that all documents, including transportation-related state 

implementation plan revisions, and information relevant to the preliminary interagency 

discussion draft are available to staff from the participating agencies; and 

(3) consider the comments of staff from participating agencies and respond in 

writing to those comments in a timely, substantive manner before making a final decision on the 

preliminary interagency discussion draft; written agency comments and written responses must 

be included in the record of any conformity decision or action or transportation-related state 

implementation plan revision. 

(c) In preparing the preliminary interagency discussion draft, a staff member of the 

sponsoring agency shall consult with the staff of the agencies listed in (a)(2) of this section to 

 (1) evaluate and choose a traffic demand model and associated methods and 

assumptions to be used in a hot-spot analysis or a regional emissions analysis; 

 (2) determine which minor arterials and other projects should be considered 

regionally significant projects for purposes of a regional emissions analysis, in addition to those 

functionally classified as principal arterial or higher or fixed guide-way systems or extensions 

that offer an alternative to regional highway travel; 

(3) determine which projects should be considered to have a significant change in 

design concept and scope from the transportation plan or transportation improvement program ; 

(4) discuss whether a project that is otherwise exempt from the requirements of 

18 AAC 50.700 – 18 AAC 50.750 under 40 C.F.R. 93.126 and 93.127, revised as of July 1, 

2013, and adopted by reference, should be treated as nonexempt if potential regional emissions 

impacts or other adverse emissions impacts might exist for any reason; 

(5) determine, as required under 40 C.F.R. 93.113(c)(1), revised as of July 1, 

2013, and adopted by reference, whether past obstacles to implementation of a transportation 

control measure that is behind the schedule established in the state implementation plan have 

Deleted: and

Deleted: responsible

Deleted: responsible

Deleted: and regional emissions

Deleted: ,

Deleted: regionally significant projects as defined in 40 CFR 

93.101, adopted by reference in ¶

18 AAC 50.710

Deleted: 18 AAC 50.700 - 18 AAC 50.720

Deleted: in 18 AAC 50.710

Deleted: 4

Deleted: by

Deleted: in 

Deleted: ¶

18 AAC 50.710

Deleted: (TCM) defined in 40 C.F.R. 93.101, adopted by 

reference in 18 AAC 50.710,
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

144 

been identified and are being overcome, and whether state and local agencies with influence over 

approvals or funding for transportation control measures are giving maximum priority to 

approval or funding for transportation control measures to be initiated by the sponsoring agency 

in accordance with 18 AAC 50.700 – 18 AAC 50.750 and the State Air Quality Control Plan, 

Volume II, Section III.I.3; the interagency consultation process must also consider whether 

delays in transportation control measure implementation necessitate a revision to the state 

implementation plan to remove or to substitute a transportation control measure or other 

emission reduction measures; 

(6) determine, as required under 40 C.F.R. 93.121, revised as of July 1, 2013 and 

adopted by reference, 

(A) that a regionally significant project 

(i) is included in a regional emissions analysis supporting the 

currently conforming transportation improvement program’s conformity 

determination, even if the project is not included in the transportation 

improvement program for the purposes of project selection or endorsement; and 

(ii) design concept and scope have not changed significantly from 

those included in the transportation plan, transportation improvement program, or 

regional emissions analysis; or 

(B) that, based on the requirements for a project that is not from a 

conforming transportation plan and transportation improvement program, as specified in 

40 C.F.R. 93.118 and 93.119, revised as of July 1, 2013, and adopted by reference, 

(i) there is a currently conforming transportation plan and 

transportation improvement program, and a new regional emissions analysis that 

includes the regionally significant project; and 

(ii) the currently conforming transportation plan and transportation 

improvement program will still conform if the regionally significant project is 

implemented; 

(7) identify, as required under 40 C.F.R. 93.123(b), revised as of July 1, 2013, 

and adopted by reference, projects located at sites 

 (A) within a PM-10 or PM-2.5 nonattainment or maintenance area 

identified in 18 AAC 50.015(b)(3) or (e); and 

 (B) that have vehicle and roadway emission and dispersion characteristics 

 essentially identical to those at sites that have air quality violations verified by 

 monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis; 

 and 

Deleted: TCMs

Deleted: TCMs

Deleted: TCM

Deleted: TCM

Deleted: 5

Deleted: by

Deleted: in ¶

18 AAC 50.710

Deleted: TIP's

Deleted: TIP

Deleted: TIP

Deleted: TIP

Deleted: adopted

Deleted: in 18 AAC 50.710

Deleted: TIP

Deleted: TIP

Deleted: 6

Deleted: by

Deleted: in ¶

18 AAC 50.710

Deleted: 18 AAC 50.015(b)(2), or within a PM-2.5 nonattainment 

area, if any, identified in 18 AAC 50.015(b)(2)
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

145 

(8) notify staff of participating agencies of any revision or amendment to a 

transportation plan or transportation improvement program that merely adds or deletes an exempt 

project listed in 40 C.F.R. 93.126, revised as of July 1, 2013 and adopted by reference; and 

(9) develop a list of transportation control measures for inclusion in the state 

implementation plan and distribute that list to those agencies described in (a)(2) of this section.

 (d) In addition to the consultation described in (c) of this section, a staff member of the 

sponsoring agency shall consult with staff of the state and local agencies listed in (a)(2) of this 

section to 

(1) evaluate events that will trigger new conformity determinations in addition to 

those triggering events established in 40 C.F.R. 93.104, revised as of July 1, 2013, and adopted 

by reference; 

(2) consider an emissions analysis for transportation activities that extend beyond 

the boundaries of a local governing body, nonattainment area, maintenance area, or air basin; 

(3) determine the design, schedule, and funding of research and data collection 

efforts and regional transportation model development by the local governing body, such as 

household or travel transportation surveys; 

(4) ensure that plans for construction of regionally significant projects that are 

not FHWA or FTA projects, including projects for which alternative locations, designs concept 

and scope, or the no-build option are still being considered and including all those projects by 

recipients of funds designated under 23 U.S.C., are disclosed to the metropolitan planning 

organization on a regular basis and to ensure that any changes to those plans are disclosed within 

10 business days; 

(5) request that participants in the interagency consultation process identify all 

non-FHWA and non-FTA transportation projects and their design concept and scope, including 

those projects where detailed design features have not yet been decided, to determine which 

projects are regionally significant projects for regional emissions modeling; a person who is 

“a recipient of funds designated under title 23 U.S.C. or the Federal Transit Laws” within the 

meaning given the term in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by 

reference, shall disclose to the metropolitan planning organization information regarding all nonFHWA and non-FTA regionally significant projects; any changes in these plans shall be 

disclosed within 10 business days; and 

(6) choose conformity tests and methodologies for isolated rural nonattainment 

and maintenance areas. 

(e) If the metropolitan planning area does not include the entire nonattainment or 

maintenance area, the interagency consultation must include staff of the local governing body 

and the Alaska Department of Transportation and Public Facilities to determine conformity of all 

projects outside the metropolitan planning area and within the nonattainment or maintenance 

area. 

Deleted: 7

Deleted: TIP

Formatted: Body Text Indent 3

Deleted: in 18 AAC 50.710

Deleted: responsible

Deleted: in 

18 AAC 50.710

Deleted: and
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

146 

(f) After completing the interagency consultation process, the sponsoring agency shall 

prepare the public review draft of the conformity determination, based on changes made to the 

preliminary draft during the consultation process, and shall make the public review draft 

available for public review and comment as required in 18 AAC 50.720. 

(g) After opportunity for public review and comment on the public review draft of the 

conformity determination, the sponsoring agency shall

 

(1) prepare a final draft of the conformity determination in consultation with staff 

of the participating agencies; and 

(2) after the consultation described in (1) of this subsection, issue the final 

conformity determination to the agencies listed in (a)(2) of this section and provide the 

supporting information upon request. 

(h) Repealed 4/17/2015.

(i) In this section, “business day” means a day other than Saturday, Sunday, or a state or 

federal holiday. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; 

am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.720. Public involvement. (a) The sponsoring agency described in 18 AAC 

50.705(b) shall establish a public involvement process to provide opportunity for public review 

and comment on the public review draft of the conformity determination or transportation-related 

state implementation plan revision before the agency issues a final conformity determination or 

transportation-related state implementation plan revision. As required under 40 C.F.R. 93.112, 

revised as of July 1, 2013, and adopted by reference, the public involvement process must be 

consistent with the requirements of 40 C.F.R. 93.105(e), revised as of July 1, 2013, and adopted 

by reference, and 23 C.F.R. 450.316(a), revised as of July 1, 2014, and adopted by reference. 

(b) The sponsoring agency shall 

 (1) subject to (d) of this section, 

 

 (A) receive written comments on the public review draft of the 

 conformity determination or transportation-related state implementation plan 

revision; and

 (B) hold a public hearing or meeting 

 (i) for a transportation plan, transportation improvement 

 program, or transportation-related state implementation plan revision; 

(ii) for a project that is not included in a transportation plan,

transportation improvement program, or transportation-related state 

Deleted: responsible

Formatted: Indent: First line: 0.5"

Deleted: responsible

Deleted: The department will refer to the governor for resolution 

any conflict between state agencies or between state and local 

agencies that cannot be resolved by the heads of the involved 

agencies. The department will make the referral to the governor 

within 14 calendar days after notification or a determination that the 

conflict cannot be resolved. A conformity determination that is the 

subject of a conflict resolution under this subsection must have the 

governor's concurrence to be considered final. The department will 

provide the participating agencies with a copy of its referral to the 

governor. The governor may delegate the role of resolving a conflict 

under this subsection and deciding whether to concur in the 

conformity determination to a state official or agency other than the 

department, the Alaska Department of Transportation and Public 

Facilities, or a state transportation board or commission

Deleted: Transportation conformity: public 

Deleted: responsible

Deleted: referred to

Deleted: c

Deleted: in 18 AAC 50.710

Deleted: 23 C.F.R. 450.322(i), and 23 C.F.R. 450.324(b), as 

revised as of April 1, 2009

Deleted: responsible

Deleted: ; and

Deleted: or 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

147 

implementation plan revision, but that is within a designated nonattainment area 

listed under 18 AAC 50.015(b) or designated maintenance area listed under 

18 AAC 50.015(d); or 

 (iii) if a written comment received under (A) of this paragraph 

 requests a public hearing or meeting for a regionally significant project;

(2) consider all comments received and prepare a written summary analysis of 

significant comments; and 

(3) specifically address in the summary analysis all public comments concerning 

known plans for a regionally significant project that may not have been properly reflected in the 

emissions analysis used to support a proposed conformity finding for a transportation plan or 

TIP, regardless of whether the regionally significant project is receiving federal funding or 

approval. 

 (c) Opportunity for public involvement under this section must include access to 

information, emissions data, analyses, models, and modeling assumptions used to perform a 

conformity determination or transportation-related state implementation plan revision. 

(d) If a project for which the provisions of (a) – (c) of this section apply is also subject to 

a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy 

Act), compliance with the public involvement process under that law constitutes compliance 

with (a) – (c) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, 

Register 193; am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.725. General conformity: incorporation by reference of federal 

regulations. Repealed. (Eff. 1/4/95, Register 133; repealed 4/17/2015, Register 214) 

18 AAC 50.730. General conformity: mitigation of air quality impacts. Repealed. 

(Eff. 1/4/95, Register 133; repealed 4/17/2015, Register 214) 

18 AAC 50.735. Frequency of transportation conformity determinations. (a) The 

conformity status of a federal action lapses five years after the date that a final conformity 

determination is reported to the department unless 

(1) the federal action is completed before five years has elapsed; or 

(2) the federal agency has commenced a continuous program to implement the 

action within a reasonable time.

Deleted: In addition to the other requirements of 18 AAC 50.725 - 

18 AAC 50.735, a federal agency described in 40 C.F.R. 51.853(b) - 

(j), as amended through December 1, 1994, shall comply with the 

following federal regulations, as amended through December 1, 

1994, which are incorporated by reference in this chapter:¶

¶

(1) 40 C.F.R. 51.850 (Prohibition);¶

¶

(2) 40 C.F.R. 51.852 (Definitions);¶

¶

(3) 40 C.F.R. 51.853(b) - (j) (Applicability);¶

¶

(4) 40 C.F.R. 51.854 (Conformity analysis);¶

¶

(5) 40 C.F.R. 51.855 (Reporting requirements);¶

¶

(6) 40 C.F.R. 51.856 (Public participation);¶

(7) 40 C.F.R. 51.858 (Criteria for determining conformity of general 

federal actions); and¶

¶

(8) 40 C.F.R. 51.859 (Procedures for conformity determinations of 

general federal actions). 

Deleted: Authority: AS 46.03.020 AS 46.14.030¶

Deleted: (a) The federal agency referred to in 18 AAC 50.725 

shall identify in writing¶

¶

(1) any measure intended to mitigate or offset the air quality impact 

of the federal action;¶

¶

(2) the estimated emission reduction available from an identified 

mitigation measure; and¶

¶

(3) the process for implementing a mitigation measure including, as 

applicable,¶

¶

(A) a description of the funding source for the mitigation measure;¶

¶

(B) an implementation schedule with due dates for implementing 

the mitigation measure; and¶

¶

(C) the process for tracking emission reductions from a mitigation 

measure.¶

¶

(b) If a mitigation measure involves a separate person or agency, the 

federal agency making the conformity determination shall, before 

determining that the proposed federal action is in conformity, obtain 

a written commitment from the person or agency responsible for 

implementing the mitigation measure. The written commitment 

must identify the mitigation measure in a manner consistent with (a) 

of this section and describe the nature of the commitment. A person 

or agency committing to a mitigation measure under this subsection 

shall comply with the written obligations stated in the commitment.¶

¶

(c) If a mitigation measure is included as part of a license, permit, or ... [2]

Deleted: Authority: AS 46.03.020 AS 46.14.030¶

Deleted: General conformity: frequency of conformity 

determinations. (a) The conformity status of a federal action 

lapses five years after the date that a final conformity determination 

is reported to the department unless ¶

¶

(1) the federal action is completed before five years has elapsed; or¶

¶

(2) the federal agency has commenced a continuous program to 

implement the action within a reasonable time.¶

¶

(b) An ongoing federal action showing continuous progress is not 

considered a new action and does not require a periodic 

redetermination required by this section if the emissions associated ... [3]
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

148 

(b) Conformity determinations and conformity redeterminations for transportation plans, 

transportation improvement programs, and other FHWA or FTA projects must be made in 

accordance with the requirements of 40 C.F.R. 93.104, revised as of July 1, 2013, and adopted 

by reference. (Eff. 1/4/95, Register 133; am 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.740. Written commitments. (a) A conformity determination on the 

transportation plan or transportation improvement program may not include emission reduction 

credits from any control measures that are not included in the transportation plan or 

transportation improvement program and that do not require regulatory action in the regional 

emission analysis, unless the metropolitan planning organization, the Department of 

Transportation and Public Facilities, FHWA, or FTA obtains, for inclusion in the conformity 

determination, written commitments as defined in 40 C.F.R. 93.101, revised as of July 1, 2013, 

and adopted by reference, from the appropriate entities to implement those control measures. 

Before a conformity determination on the transportation plan or transportation improvement 

program may be approved, a metropolitan planning organization or the Department of 

Transportation and Public Facilities must ensure that project-level mitigation or control measures 

included in the project design concepts and scopes are appropriately identified in the regional 

emissions analysis. The written commitments to implement those mitigation or control measures 

must be fulfilled by the appropriate entities. 

(b) Before a project-level conformity determination for a transportation project may be 

approved, the project sponsor must include written commitments as defined in 40 C.F.R. 93.101, 

adopted by reference in (a) of this section, to implement any project-level mitigation or control 

measures in the construction or operation of the project that are identified for that project as part 

of NEPA process completion as defined in 40 C.F.R. 93.101, revised as of July 1, 2013, and 

adopted by reference. Written commitments must be obtained before those project level 

mitigation or control measures are used in a project-level hot-spot analysis. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. 

(c) In this section, “project sponsor” means any entity that owns an equity interest in the 

transportation project, or holds the permits the department determines are essential to construct 

or operate the transportation project. (Eff. 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.745. Resolving conflicts. (a) If during the interagency consultation process 

under 18 AAC 50.700 – 18 AAC 50.750 a conflict arises between state agencies or between state 

and local agencies, and the conflict cannot be resolved by the heads of the involved agencies, the 

department will refer the conflict to the governor for resolution. A conformity determination that 

is the subject of conflict resolution under this section must have the governor’s concurrence to be 

final. 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

149 

(b) The department will make the referral to the governor not later than 14 calendar days 

after notification or a determination that the conflict cannot be resolved. The 14-day period starts 

when the metropolitan planning organization or the Department of Transportation and Public 

Facilities confirms receipt of the comments of the department. The department will provide the 

participating agencies under 18 AAC 50.715(a)(2) with a copy of its referral to the governor. 

(c) If the department does not make a referral to the governor during the 14-day period 

described in (b) of this section, the sponsoring agency described in 18 AAC 50.705(b), 

metropolitan planning organization, or Department of Transportation and Public Facilities may 

proceed with the final conformity determination. 

(d) Not later than 14 days after the metropolitan planning organization notifies the 

department of the resolution of all comments on a proposed conformity determination or other 

policy decision during the interagency consultation process under 18 AAC 50.700 – 18 AAC 

50.750, and if the Department of Transportation and Public Facilities disputes those comments, 

the Department of Transportation and Public Facilities shall refer the proposed conformity 

determination or other policy decision to the governor for resolution. The 14-day period starts 

when the metropolitan planning organization has confirmed receipt by the department of the 

resolution of the comments of the Department of Transportation and Public Facilities. 

(e) If the Department of Transportation and Public Facilities makes a referral to the 

governor, the final conformity determination or other final policy decision must have the 

concurrence of the governor. 

(f) The Department of Transportation and Public Facilities shall provide the metropolitan 

planning organization and the department with a copy of the referral to the governor under (d) of 

this section. If the Department of Transportation and Public Facilities does not make a referral to 

the governor during the 14-day period described in (d) of this section, the metropolitan planning 

organization may proceed with the final conformity determination or other final policy decision. 

(g) The governor may delegate the role of resolving the conflict under this section and 

deciding whether to concur in the conformity determination to a state official or agency other 

than 

 (1) the department; 

 (2) the Department of Transportation and Public Facilities; or 

 (3) a state transportation board or commission. (Eff. 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.750. Exempt projects. Notwithstanding the other requirements of 18 AAC 

50.700 – 18 AAC 50.750, highway and transit projects of the types listed in Table 2 of 40 C.F.R. 

93.126, revised as of July 1, 2013, and adopted by reference, are exempt from the requirement to 
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determine conformity. Those projects may proceed toward implementation even in the absence 

of a conforming transportation plan and transportation improvement program. A particular action 

of the type listed in Table 2 of 40 C.F.R. 93.126 is not exempt if the agencies listed in 18 AAC 

50.715(a)(2) concur that it has potentially adverse emissions impacts for any reason. 

Metropolitan planning organizations must ensure that exempt projects do not interfere with 

transportation control measure implementation. (Eff. 4/17/2015, Register 214) 

Authority: AS 46.03.020 AS 46.14.030 
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Article 8. (Reserved)
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Article 9. General Provisions. 

Section 

900. Small business assistance program 

910. (Repealed) 

990. Definitions 

18 AAC 50.900. Small business assistance program. (a) The purpose of the small 

business assistance program established under AS 46.14.300 is to help small businesses in the 

state comply with state and federal air quality laws. The department’s The Alaska Small 

Business Assistance Program, adopted by reference in 18 AAC 50.030, describes the small 

business assistance program. 

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small 

business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of 

the small business assistance program. 

(c) The owner or operator of an eligible small business facility may request a change to a 

requirement under this chapter that 

(1) is a work practice or technological method of compliance; or 

(2) sets a schedule of milestones preceding a date for implementing a work 

practice or technological method of compliance. 

(d) A change described in (c) of this section may be requested as follows: 

(1) if the requested change requires an amendment of a provision of this chapter, 

the request must be submitted under AS 44.62.220 and must include 

(A) a description of the provision of this chapter to be amended: 

(B) a description of the proposed amendment to be adopted; and 

(C) an explanation of the need for the proposed change and how the 

change can adequately substitute for or replace the requirement to be changed; or 

(2) if the requested change requires a revision to a permit term or condition that is 

not expressly required by this chapter, the request may be submitted as an application for a minor 

or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 

18 AAC 50.040, and subject to 18 AAC 50.326. 

 (e) The department will schedule a proposed amendment to this chapter submitted under 

(d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not 

cause a violation of 
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(1) the Clean Air Act; 

(2) a federally-enforceable requirement; or 

(3) state law. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.300 

Editor's note: More information on the services provided by the small business 

assistance program referred to in this section, including details on determining eligibility, may be 

obtained from the department's small business advocate, 410 Willoughby Avenue, Juneau, 

Alaska 99801-1795, (907) 465-5100. A copy of the program description as it appears in the state 

air quality control plan, adopted by reference in 18 AAC 50.030, is available from the 

department's central and regional offices. A copy of the state air quality control plan may be 

viewed at any department office or at the Office of the Lieutenant Governor. 

18 AAC 50.910. Establishing level of actual emissions. Repealed. (Eff. 1/18/97, 

Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.990. Definitions. In this chapter 

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted 

by reference in 18 AAC 50.040; 

(2) “administrator” means the administrator of the United States Environmental 

Protection Agency, except as otherwise provided in 18 AAC 50.306 – 18 AAC 50.326; 

(3) "air pollutant" has the meaning given in AS 46.14.990; 

(4) "air curtain incinerator" means a device in which large amounts of 

combustible materials are burned in a rectangular containment equipped with an overfire air 

system; 

(5) "air pollution" has the meaning given in AS 46.03.900; 

(6) "air pollution control equipment" means equipment or a portion of equipment 

designed to reduce the emissions of an air pollutant to the ambient air; 

(7) "air quality control requirement" means any obligation created by AS 46.14, 

this chapter, or a term or condition of a preconstruction permit issued by the department before 

January 18, 1997; 

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except 

that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 

40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, 
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(A) “allowable emissions” means the emissions rate of an emission unit 

calculated considering any emission limitation that is enforceable as a practical matter on 

the emission unit’s potential to emit; and 

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the 

words “or enforceable as a practical matter” are added after “federally enforceable”, as 

provided in 40 C.F.R. 51.166(w)(2)(ii)(b); 

(9) "ambient air" has the meaning given in AS 46.14.990; 

(10) "ambient air quality standards" has the meaning given in AS 46.14.990; 

(11) "approved" means approved by the department; 

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete 

by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any 

combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, 

systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and 

storing asphalt concrete, and emission control systems within the stationary source; 

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1); 

(14) “begin actual construction” has the meaning given in 40 C.F.R. 

52.21(b)(11), adopted by reference in 18 AAC 50.040; 

(15) "black smoke" means smoke having the color of emissions produced by the 

incomplete combustion of toluene in the double wall combustion chamber of a smoke generator; 

(16) "Btu" means British thermal unit; 

(17) “building, structure, facility, or installation” has the meaning given in 

AS 46.14.990; 

(18) “casting off” means the first release of a line securing a vessel to shore as 

part of the process of leaving berth; 

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated 

in 18 AAC 50.015, Table 1, as Class I, Class II, or Class III respectively; 

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through 

November 15, 1990; 

(21) repealed 7/25/2008; 
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(22) "coal preparation plant" means a stationary source that prepares coal by 

breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more 

than 200 tons per day of coal; “coal preparation plant” includes any combination of thermal 

dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment, breakers 

and crushers, coal storage systems, and coal transfer systems within the stationary source; 

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

(24) "conservation vent" means a vent containing a pressure-vacuum valve 

designed to minimize emissions of vapors from a storage tank due to changes in temperature and 

pressure; 

(25) "construct" or "construction" has the meaning given to “construction” in 

AS 46.14.990; 

(26) "construction permit" has the meaning given in AS 46.14.990; 

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail 

tank car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or certify 

metering devices; 

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

(29) "emission" has the meaning given in AS 46.14.990; 

(30) "emission limitation" has the meaning given in AS 46.14.990; 

(31) "emission standard" has the meaning given in AS 46.14.990; 

(32) “emissions unit” has the meaning given in AS 46.14.990; 

(33) "EPA" means the United States Environmental Protection Agency; 

(34) "excess emissions" means emissions of an air pollutant in excess of any 

applicable emission standard or limitation; 

(35) repealed 4/1/2010;

(36) “expected number” as that term is used in 18 AAC 50.010(1)(A), has the 

meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.1, adopted by reference in 18 AAC 

50.035; 

(37) "federal administrator" has the meaning given in AS 46.14.990 and includes 

the federal administrator’s designee; 

Deleted: emission
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(38) "fire service" means a 

(A) fire department registered with the state fire marshal under 

 13 AAC 52.030; and 

(B) wildland fire suppression organization within the Department of 

Natural Resources, United States Forest Service, or United States Bureau of Land 

Management/Alaska Fire Service; 

(39) "fuel-burning equipment" means a combustion device capable of emission; 

“fuel-burning equipment” includes flares; “fuel-burning equipment” does not include mobile 

internal combustion engines, incinerators, marine vessels, wood-fired heating devices, or 

backyard barbecues; 

(40) "fugitive emissions" has the meaning given in 40 C.F.R. 51.166(b)(20), as 

revised as of July 1, 2012, and adopted by reference; 

(41) "gasoline distribution facility" means a stationary source that stores fuel 

including gasoline and that transfers gasoline from storage tanks to delivery tanks; 

(42) "good engineering practice stack height" 

(A) for stack heights exceeding 213 feet, has the meaning given in 

40 C.F.R. 51.100(ii), as revised as of July 1, 2007 and adopted by reference; or 

(B) for all other stack heights, means the actual physical height of the 

stack; 

(43) “grate cleaning” means removing ash from fireboxes; 

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990; 

(45) “hazardous air pollutant major source” has the meaning given for the term 

“major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040; 

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020; 

(47) "impairment of visibility" means any humanly perceptible change in 

visibility from that which would have existed under natural conditions; in this paragraph, 

“change in visibility” includes light extinction, atmospheric discoloration, and any other change 

in visual range, contrast, or coloration; 

(48) "incinerator" means a device used for the thermal oxidation of garbage or 

other wastes, other than a wood-fired heating device, including an air curtain incinerator burning 

waste other than clean lumber, wood wastes, or yard wastes; 
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(49) "industrial process" means the extraction of raw material or the physical or 

chemical transformation of raw material in either composition or character; 

(50) "lowest achievable emission rate" or “LAER” has the meaning given in 

40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040; 

(51) "maintenance area" means a geographical area that EPA previously 

designated as a nonattainment area and subsequently designated as an "attainment area" under 

42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3)); 

(52) “major stationary source” means 

(A) for the purposes of 18 AAC 50.306, a stationary source or physical 

change that meets the definition of “major stationary source” under 40 C.F.R. 

51.166(b)(1); 

(B) for the purposes of 18 AAC 50.311, a stationary source or physical 

change that meets the definition of “major stationary source” under 40 C.F.R. 

51.165(a)(1)(iv); 

(53) “major modification” means 

(A) for the purposes of 18 AAC 50.306, a change that meets the definition 

of “major modification” under 40 C.F.R. 51.166(b)(2); 

(B) for the purposes of 18 AAC 50.311, a change that meets the definition 

of “major modification” under 40 C.F.R. 51.165(a)(1)(v); 

(54) “make fast to the shore” means to secure the last line necessary to secure a 

vessel in its berth; 

(55) "marine vessel" means a seagoing craft, ship, or barge; 

(56) “maximum achievable control technology” or “MACT” means a maximum 

achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by 

reference in 18 AAC 50.040, for a new or existing source; 

(57) "maximum true vapor pressure" means the equilibrium partial pressure 

exerted by a stored liquid at the local maximum monthly average temperature reported by the 

National Weather Service; 

(58) “minor permit” means a permit issued under 18 AAC 50.502 – 

18 AAC 50.560; 

(59) "modification" or "modify" has the meaning given to “modification” in 

42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a)); 
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(60) “Nikiski Industrial Area” means the area of the Kenai Peninsula within 

Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian; 

(61) "nonattainment air pollutant" means the air pollutant for which a particular 

area has been designated by the federal administrator as nonattainment in 40 C.F.R. 81.302; 

(62) “nonattainment area” means, for a particular air pollutant, an area designated 

as nonattainment for that air pollutant; 

(63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of 

September 18, 2007, adopted by reference; 

(64) "nonroutine repair" means an immediate repair to correct an unavoidable 

emergency or malfunction; 

(65) "open burning" 

 (A) means the burning of a material that results in the products of 

combustion being emitted directly into the ambient air without passing through a stack, 

flare, vent, or other opening of an emission unit from which an air pollutant could be 

emitted; 

 (B) does not include 

 (i) a campfire; 

 (ii) a barbecue; 

 (iii) a ceremonial fire; 

 (iv) use of a candle; 

 (v) the use of a cigar, cigarette, or pipe; 

 (vi) the use of celebratory fireworks; 

(66) "operator" has the meaning given in AS 46.14.990; 

(67) "organic vapors" means any organic compound or mixture of compounds 

evaporated from volatile liquid or any organic compound or mixture of compounds in aerosols 

formed from volatile liquid; 

(68) “ORL” means owner requested limit; 

(69) "owner" has the meaning given in AS 46.14.990; 

(70) “PAL major modification” has the meaning given in 40 C.F.R. 

52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040; 
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(71) "particulate matter" means a material, except water, that is or has been 

airborne and exists as a liquid or solid at standard conditions; 

(72) "permit" includes all of the elements described in the definitions of 

"construction permit" and "operating permit" in AS 46.14.990, and the same elements as they 

occur in a minor permit under AS 46.14.130(c); 

(73) "person" has the meaning given in AS 46.14.990; 

(74) "petroleum refinery" means a stationary source engaged in the distillation of 

petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives; 

(75) “plantwide applicability limitation” or “PAL” means an emission limitation 

expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as 

a practical matter and established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted 

by reference in 18 AAC 50.040; 

(76) "PM-10" means particulate matter with an aerodynamic diameter less than 

or equal to a nominal 10 micrometers; 

(77) repealed 7/25/2008; 

(78) “Port of Anchorage stationary source” means a stationary source located in 

the Port of Anchorage that contains one or more emission units subject to a standard in 

18 AAC 50.085 or 18 AAC 50.090; 

(79) “potential emissions” has the meaning given to the term "potential to emit" 

in AS 46.14.990; 

(80) "potential to emit" has the meaning given in AS 46.14.990; 

(81) "ppm" means parts per million; 

(82) "practical means available" means, when approving the open burning of 

liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods 

will have been analyzed and, where an environmentally acceptable procedure exists, that 

procedure will be required; 

(83) “project” means a physical change or change in the method of operation of 

an existing stationary source; 

(84) “PSD” means prevention of significant deterioration; 

(85) “PSD permit” means a permit required under 18 AAC 50.306; 
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(86) "putrescible garbage" means material capable of being decomposed with 

sufficient rapidity to cause nuisance or obnoxious odors; 

(87) "rated capacity" means the maximum sustained capacity of the equipment 

based on the fuel or raw material, or combination of fuels or raw materials, that is actually used 

and gives the greatest capacity; 

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” 

in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040, except that for purposes of 18 AAC 

50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301, adopted by reference in 

18 AAC 50.260(a); 

(89) "reduction in visibility" means the obscuring of an observer's vision; 

 (90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101, 

revised as of July 1, 2013, and adopted by reference; 

(91) "regulated air pollutant" has the meaning given in AS 46.14.990; 

(92) repealed 11/9/2014; 

(93) "responsible official" means 

(A) for a corporation, a president, secretary, treasurer, or vice-president of 

the corporation in charge of a principal business function, or any other person who 

performs similar policy or decision making functions for the corporation, or a dulyauthorized representative of that person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for or 

subject to a permit under AS 46.14 or this chapter, and 

(i) the facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25 million in second quarter 1980 

dollars; or 

(ii) the delegation of authority to the representative is approved in 

advance by the department; 

(B) for a partnership or sole proprietorship, a general partner or the 

proprietor, respectively; and 

(C) for a public agency, a principal executive officer or ranking elected 

official; for the purposes of this chapter, a principal executive officer of a federal agency 

includes the chief executive officer with responsibility for the overall operations of a 

principal geographic unit in this state; 

(94) “reviewing authority” means the department; 

Deleted: in 18 AAC 50.710
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(95) “rig day” means each calendar day that a single drill rig is drilling or testing 

an oil or gas well in normal operation or standby service; “rig day” does not include a day when 

(A) equipment is not operating; or 

(B) only light plants are operating; 

(96) "scheduled maintenance" means activities planned in advance designed to 

keep equipment in good working order; 

(97) "shutdown" means performing all activities necessary to cease operation of a 

source; 

(98) "small business facility" has the meaning given in AS 46.14.990; 

(99) "smolder" means to burn and smoke without flame; 

(100) “soot-blowing” means using steam or compressed air to remove carbon 

from a furnace or from a boiler’s heat transfer surfaces; 

(101) "stack" has the meaning given in AS 46.14.990; 

(102) "standard conditions" means dry gas at 68o F and an absolute pressure of 

760 millimeters of mercury; 

(103) "startup" means 

(A) for an internal combustion engine aboard a marine vessel, the point in 

time that emissions begin to exit from the vessel as a result of igniting the engine; and 

(B) for all other sources, the setting into operation of a source for any 

reason; 

(104) "state air quality control plan" means the plan adopted by reference in 

18 AAC 50.030; 

(105) “stationary source” has the meaning given in AS 46.14.990; 

(106) "technology-based emission standard" means 

(A) a best available control technology standard with the meaning given 

in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040; 

(B) a lowest achievable emission rate (LAER) standard; 

(C) a maximum achievable control technology standard established under 

40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c); 
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(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and 

(E) any other similar standard for which the stringency of the standard is 

based on determinations of what is technologically feasible, considering relevant factors; 

(107) “temporary construction activity” means construction that is completed in 

24 months or less from the date construction begins; “temporary construction activity” includes 

any period of inactivity during that 24-month period; 

(108) “thermal soil remediation unit” means a stationary source that causes 

petroleum contamination to be desorbed from soils by heating the soil in a kiln; 

(109) “Title I permit” means a 

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 

18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560; 

(B) construction permit issued before October 1, 2004; or 

(C) permit to operate issued before January 18, 1997; 

(110) “Title V permit” means a permit required by AS 46.14.130(b); 

(111) “Title V source” means a stationary source classified as needing a permit 

under AS 46.14.130(b); 

(112) “TPY” has the meaning given in AS 46.14.990; 

(113) "total suspended particulate" or "TSP" means particulate matter as 

measured by a method specified in the department’s Air Quality Assurance Manual for Ambient 

Air Quality Monitoring, adopted by reference in 18 AAC 50.030; 

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that 

does not contain used oil, crude oil, or a hazardous waste; 

(115) "upset" means the sudden failure of equipment or a process to operate in a 

normal and usual manner. 

(116) "vapor collection system" means all equipment, ducts, piping, valves, and 

fittings necessary to prevent organic vapors displaced at a loading rack from being emitted into 

the atmosphere; 

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with 

volatile liquid or that was loaded with volatile liquid during the immediately preceding load; 
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(118) "volatile liquid" means a liquid compound or mixture of compounds that 

exerts a maximum true vapor pressure of 0.5 pounds per square inch or more; 

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, 

meters, and fittings used to fill delivery tanks with volatile liquid; 

(120) "volatile liquid storage tank" means any stationary storage vessel that 

contains a volatile liquid; 

(121) “volatile organic compound” or “VOC” has the meaning given in 

40 C.F.R. 51.100(s), as revised as of November 21, 2013, and adopted by reference; 

(122) “weighing anchor” means to begin heaving in the anchor with intent to 

retrieve it and get underway, regardless of how the chain tends when heaving in begins; 

(123) "wood-fired heating device" 

(A) means a device designed or used for wood combustion so that usable 

heat is derived for the interior of a building; 

(B) includes 

(i) wood-fired or pellet-fired stoves; 

(ii) woodstoves; 

(iii) fireplaces; 

(iv) wood-fired forced air furnaces; 

(v) masonry heaters; 

(vi) wood-fired or pellet-fired cooking stoves; 

(vii) wood-fired hydronic heaters; and 

(viii) combination fuel furnaces or boilers that burn wood; 

(C) does not include a device that is primarily a part of an industrial 

process and incidentally provides usable heat for the interior of a building. 

(124) “portable oil and gas operation” means an operation that moves from site to 

site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with 

drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, 

or equipment associated with camps; “portable oil and gas operation” does not include well 

servicing activities; for the purposes of this paragraph, “test” means a test that involves the use of 

a flare; 

Deleted: April 18, 2013

Formatted: Indent: First line: 1"
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(125) “well servicing activities” means the use of portable equipment for 

servicing existing oil and gas wells that only stays on site for short and varying periods of time; 

“well servicing activities” includes the use of 

(A) coiled tubing units; 

(B) well frac units; 

(C) well slickline units; 

(D) well hot oil units; 

(E) well wireline units. 

 (126) “PAL pollutant” means the pollutant for which a plantwide applicability 

limitation (PAL) is established at a major stationary source; 

 (127) “regional administrator” means the administrator of Region X of EPA; 

 (128) “PM-2.5” means particulate matter with an aerodynamic diameter less than 

or equal to a nominal 2.5 micrometers; 

 

 (129) “ozone” means a colorless gas that has a pungent odor and the molecular 

form O3; 

 (130) “transportation improvement plan” has the meaning given in 40 C.F.R. 

93.101, revised as of July 1, 2013, and adopted by reference; 

 (131) “CO2 equivalent emissions (CO2e)” has the meaning given in 40 C.F.R. 

52.21, adopted by reference in 18 AAC 50.040; 

 (132) “greenhouse gases” has the meaning given in 40 C.F.R. 52.21, adopted by 

reference in 18 AAC 50.040. 

(133) “campfire” means an open fire that is 

(A) less than three feet in diameter; 

(B) used for cooking, personal warmth, lighting, ceremonial, or aesthetic 

purposes; 

(C) hand built; and 

(D) not associated with a debris disposal activity; 

(134) “dry wood” means wood with a moisture content of 20 percent or less; 

Deleted: or “TIP”

Deleted: in 18 AAC 50.710
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(135) “hydronic heater” 

(A) means an outdoor or indoor fuel burning device, that may be 

equipped with a heat storage unit, and that heats building space by means of the 

distribution, typically through pipes, of fluid that is typically water or a mixture of 

water and antifreeze and that is heated in the device; 

(B) does not include a forced-air furnace; 

(136) “manufactured compressed wood log” means a log that has been made 

from 100 percent compressed sawdust, wood chips, or other organic material and that does not 

have additives; 

(137) “masonry heater” means a heating appliance that 

(A) is constructed of concrete or solid masonry that is designed to absorb 

and store heat from a solid fuel fire built in the firebox by routing the exhaust gases 

through internal heat exchange channels in which the flow path downstream of the 

firebox may include flow in a horizontal or downward direction before entering the 

chimney; and 

(B) delivers heat by radiation from the masonry surface of the heater; 

(138) “solid fuel-fired heating device” 

(A) means a device used for wood or coal combustion so that usable heat 

is derived for the interior of a building; 

(B) includes 

(i) wood-fired heating devices; 

(ii) coal-fired stoves; 

(iii) coal-fired forced air furnaces; 

(iv) coal-fired cooking stoves; 

(v) coal-fired hydronic heaters; and 

(vi) combination fuel furnaces or boilers that burn wood and coal; 

(C) does not include a device that is primarily part of an industrial process 

and incidentally provides usable heat for the interior of a building; 

(139) “wet wood” means wood with a moisture content of more than 20 percent; 
Register 214, July 2015 ENVIRONMENTAL CONSERVATION 

166 

(140) “woodstove” has the meaning given in “wood heater” in 40 C.F.R. 60.531; 

the definition of “wood heater” in 40 C.F.R. 60.531, as revised as of July 1, 2014, is adopted by 

reference. 

(141) “design concept” has the meaning given in 40 C.F.R. 93.101, revised as of 

July 1, 2013, and adopted by reference; 

(142) “design scope” has the meaning given in 40 C.F.R. 93.101, revised as of 

July 1, 2013, and adopted by reference; 

(143) “FHWA” means the United States Department of Transportation, Federal 

Highway Administration; 

(144) “FTA” means the United States Department of Transportation, Federal 

Transit Administration; 

(145) “hot-spot analysis” has the meaning given in 40 C.F.R. 93.101, revised as 

of July 1, 2013, and adopted by reference; 

(146) “isolated rural nonattainment and maintenance areas” has the meaning 

given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference; 

(147) “metropolitan planning organization” has the meaning given in 40 C.F.R. 

93.101, revised as of July 1, 2013, and adopted by reference; 

(148) “transportation control measure” has the meaning given in 40 C.F.R. 

93.101, revised as of July 1, 2013, and adopted by reference. (Eff. 1/18/97, Register 141; am 

6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/99, Register 

152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 

11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 

12/3/2005, Register 176; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 

4/1/2010, Register 193; am 12/9/2010, Register 196; am 9/17/2011, Register 199; am 9/14/2012, 

Register 203; am 10/6/2013, Register 208; am 11/9/2014, Register 212; am 2/28/2015, Register 

213; am 4/17/2015, Register 214)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 AS 46.14.150 AS 46.14.255 

AS 46.03.710 AS 46.14.160 AS 46.14.280 

AS 46.14.010 AS 46.14.170 AS 46.14.285 

AS 46.14.020 AS 46.14.180 AS 46.14.290 

AS 46.14.030 AS 46.14.210 AS 46.14.300 

AS 46.14.120 AS 46.14.230 AS 46.14.560 

AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993 
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An agency subject to 40 C.F.R. Part 93 shall comply with the following federal regulations, as revised as of July 1, 2009, adopted by reference: 

(1) 40 C.F.R. 93.100 (Purpose); 

(2) 40 C.F.R. 93.101 (Definitions); 

(3) 40 C.F.R. 93.102 (Applicability); 

(4) 40 C.F.R. 93.103 (Priority); 

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations); 

(6) 40 C.F.R. 93.106 (Content of transportation plans); 

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP conformity with the 

NEPA process); 

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs); 

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of 

transportation plans, programs, and projects: General); 

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions); 

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model); 

(12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation); 

(13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of TCMs); 

(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation 

plan and TIP); 

(15) 40 C.F.R. 93.115 (Criteria and procedures: Projects from a plan and TIP); 

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO, PM-10, and PM-2.5 

violations (hot spots)); 

(17) 40 C.F.R. 93.117 (Criteria and procedures: Compliance with PM-10 and PM-2.5 

control measures); 

(18) 40 C.F.R. 93.118 (Criteria and procedures: Motor vehicle emissions budget); 

(19) 40 C.F.R. 93.119 (Criteria and procedures: Interim emissions in areas without 

motor vehicle emissions budgets); 
(20) 40 C.F.R. 93.120 (Consequences of control strategy implementation plan failures); 

(21) 40 C.F.R. 93.121 (Requirements for adoption or approval of projects by other 

recipients of funds designated under title 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Laws); 

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportation-related 

emissions); 

(23) 40 C.F.R. 93.123 (Procedures for determining localized CO, PM-10, and PM-2.5 

concentrations (hot-spot analysis)); 

(24) 40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the applicable 

implementation plan (or implementation plan submission)); 

(25) 40 C.F.R. 93.125 (Enforceability of design concept and scope and project-level 

mitigation and control measures); 

(26) 40 C.F.R. 93.126 (Exempt projects); 

(27) 40 C.F.R. 93.127 (Projects exempt from regional emissions analyses); and 

(28) 40 C.F.R. 93.128 (Traffic signal synchronization projects). 

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(a) The federal agency referred to in 18 AAC 50.725 shall identify in writing 

(1) any measure intended to mitigate or offset the air quality impact of the federal action; 

(2) the estimated emission reduction available from an identified mitigation measure; 

and 

(3) the process for implementing a mitigation measure including, as applicable, 

(A) a description of the funding source for the mitigation measure; 

(B) an implementation schedule with due dates for implementing the mitigation measure; 

and 

(C) the process for tracking emission reductions from a mitigation measure. 

(b) If a mitigation measure involves a separate person or agency, the federal agency 

making the conformity determination shall, before determining that the proposed federal action 

is in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commitment must identify the mitigation measure 

in a manner consistent with (a) of this section and describe the nature of the commitment. A 

person or agency committing to a mitigation measure under this subsection shall comply with the 
written obligations stated in the commitment. 

(c) If a mitigation measure is included as part of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued the 

license, permit, or authorization to fully implement the mitigation measure as a condition for 

continued approval of the license, permit, or authorization. 

(d) A federal agency may modify a mitigation measure if that agency 

(1) concludes that the proposed modification supports the conformity determination, 

using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, adopted by 

reference in 18 AAC 50.725; 

(2) issues a public notice of the proposed modification, using the public participation 

procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725; and 

(3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by reference in 18 

AAC 50.725 

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General conformity: frequency of conformity determinations. (a) The conformity 

status of a federal action lapses five years after the date that a final conformity determination is 

reported to the department unless 

(1) the federal action is completed before five years has elapsed; or 

(2) the federal agency has commenced a continuous program to implement the action 

within a reasonable time. 

(b) An ongoing federal action showing continuous progress is not considered a new 

action and does not require a periodic redetermination required by this section if the emissions 

associated with the activity are within the scope of the final conformity determination reported in 

accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725. 

(c) If, after the final conformity determination is made, the federal action is changed so 

that there is an increase in the total of direct or indirect emissions above the levels set in 

40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall 

make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by 

reference in 

18 AAC 50.725