Alaska Statutes

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 1 ALASKA STATUTES

TITLE 45 TRADE AND COMMERCE.
Chapter 45.45. TRADE PRACTICES.

Sec. 45.45.400 PROHIBITED TRAN SFER OF USED CARS.
(a) A person engaged in the busin ess of selling used motor vehicl es may not transfer or assign the owner's title or interest in the used vehicle to a person who resides in an area subject to a state-approved emission inspection progr am established under AS 46.14.400 or 46.14.510 and who intends to use the vehicle in that area, unless the vehicle ha s a certificate of compliance or noncompliance as required under the air pollution cont rol requirements appli cable in that area.
(b) This section does not apply to a motor vehicle that when manufactured did not have a pollution control system. State effective: 6/25/93; EPA effective: 1/19/99

Title 46 WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION.
Chapter 46.14. AIR QU ALITY CONTROL.

Sec. 46.14.510. MOTOR VEHICLE POLLUTION.
(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by regulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for th e installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of this equipment.
(b) Unless otherwise exempted by law, a pers on shall maintain in operating condition any element of the air pollution contro l system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on th e motor vehicle. Failure to maintain a required system or mechanism in operating condition su bjects the motor vehicle's registration to suspension or cancellation. A motor vehicle whose registration has been suspended or canceled under this subsection is not eligible for subs equent registration until the owner or operator obtains certification from the de partment, based on a demonstrati on that the air pollution control system or mechanism is restored to operating condition.
(c) The department shall consult with the Department of Public Safety regarding im plementation of the motor vehicle pollution contro l program. The Department of Public Safety shall cooperate with the departme nt in implementing the program.
(d) If the department adopts regulations requi ring the maintenance of air pollution control syste ms or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required airAlaska Statutes

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 2 pollution control system or mechanism has been inspected in accorda nce with the standards, testing techniques, and in structions furnished by the departme nt and the motor vehicle has been found to meet those standards. A valid certificate of inspection for the emission control system, if required by the department, must be presented to the Department of Public Safety before that department may register a motor vehicle. State effective: 6/25/93; EPA effective: 1/19/99

Sec. 46.14.550. RESPONSIBILITIES OF OWNER AND OPERATOR.
Notwithstanding use of the conjunctive or disjun ctive in a provision of this chapter, before issuance of a permit under AS 46.14.170 both the owner and operator of a fac ility are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the facility are separate persons, onl y one person is required to discharge a specific responsibility. After issuance of a permit unde r AS 46.14.170, only the permittee is responsible for permitted operations. The permittee shall have a de signated agent for service of process in the state. State effective: 6/25/93; EPA effective: 1/19/99

Sec. 46.14.560. UNAVOIDABLE MALFUNCTIONS AND EMERGENCIES.
Excess emissions caused by an unavoidable emerge ncy, malfunction, or nonroutine repairs of a source including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for noncompliance with a technology-based emission standard. This secti on does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requirement. State effective: 6/25/93; EPA effective: 1/19/99

Sec. 46.14.990. DEFINITIONS.
In this chapter,
(1) "air contaminant" means a regulated air contaminant or a hazardous air contaminant;
(2) "ambient air" means that portion of the at mosphere, external to buildings, to which the general public has access;
(3) "ambient air quality standard" means a standard, other than an emission standard, adopted under AS 46.14.010, 46.14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 109);

(4) "construct" or "construction" mean s to fabricate, erect, or install , or to make a physical change, that would result in emissions;
(5) "construction permit" means a permit under AS 46.14.130 (a), including all relevant exhibits, addendums, transmittal letters, complian ce schedules, administrative orders, emergency orders , and court orders;Alaska Statutes

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 3 (6) "contaminant outlet" include s exhaust stacks, flares, vent s, and other openings in a facility from which an air contaminant could be emitted;
(7) "emission" means a release of one or more air contaminants to the atmosphere;
(8) "emission limitation" and "emission standard" mean a requirement established by the department or the federal administrator, other than an ambient air quality standard, that limits the quantity, rate, or concentration of emission of an air contaminant, including a requirement relating to the operation or maintenance of a source to ensu re sustained emission reduction, and design, equipment, work practice, or operationa l standard adopted under this chapter or 42 U.S.C. 7401 - 7671q (Clean Air Act);

(9) "facil ity" means
(A) one or more structures, buildings, instal lations, or properties th at are contiguous or adjacent and are owned or operated by the same person or by persons under common control; and
(i) upon which a source or sources are located; or

(ii) t hat is a source of emissions associated with tank vessel loading and unloading, consistent with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regul ations adopted under those sections; or

(B) a vessel

(i) that is anchored or othe rwise permanently or temporar ily stationed within a locale;
(ii) upon which a source or sour ces are located, not including s ources engaged in propulsion of the vessel; and
(iii) that is used for an industrial process, ex cluding a tank vessel in th e trade of transporting cargo; in th is provision, "industrial process" means the ex traction of raw material or the physical or chemical transformation of raw materi al in either com position or character;

(10) "federal administrator" means the admi nistrator of the United States Environmental Protection Agency;
(11) "fugitive emissions" means emissions of an air contaminant that could not reasonably be emitted from a contaminant outlet;

(12) "hazardous air contaminant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean Air Act, sec. 112(b));
(13) "local air quality control program" m eans a program authorized under AS 46.14.400 to implement some or all of the provisions of this chapter;Alaska Statutes

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 4 (14) "modification" or "modify" means to make a ch ange or a series of changes in operation, or any physical change or addition to a facility or source, that increase s the actual emissions of an air contaminant;
(15) "operating permit" means a permit unde r AS 46.14.130 (b), including all relevant exhibits, addendums, transmittal letters, complian ce schedules, administrative orders, emergency orders, and court orders;
(16) "operator" means a person or persons who direct, control, or s upervise a facility or source that has the potential to emit an air contaminant to the atmosphere;
(17) "owner" means a person or persons with a pr oprietary or possessory interest in a facility or source that has the potential to emit an air contaminant to the atmosphere;
(18) "person" has the meaning given in AS 01.10.060 and also includes an agency of the United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and other departments, agencies, instrumentalities, units, and corporate aut horities of the state;
(19) "potential to emit" means the maximum qua ntity of a release of an air contaminant, considering a facility's physical or operational design, based on continual operation of all sources within the facility for 24 hours a day, 365 days a yea r, reduced by the effect of pollution control equipment and approved state or federal limitations on the capacity of the facility's sources or the facility to emit an air contamin ant, including limitations such as restrictions on hours or rates of operatio n and type or amount of material combusted, stored, or processed; "potential to emit" does not include

(A) a one

- time, accidental release of an air contaminant; or
(B) the fugitive emissions specifically exempted under 42 U.S.C. 7401

- 7671q (Clean Air A ct);
(20) "reconstruct" means to replace components of a facility with new components to such an extent that the fixed capital cost of th e new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirel y new facility;
(21) "regulated air contaminant" means
(A) a material, compound, or element for whic h a national or state ambient air quality standard has been adopted;
(B) oxides of nitrogen;
(C) a volatile organic compound;

(D) a pollutant that is addressed by aAlaska Statutes

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 5 (i) standard adopted under 42 U.S.C. 7411

- 7412 (Clean Air Act, sec. 111

- 112);
(ii) permit authorized under 42 U.S.C. 7412(g) or (j) (Clean Air Act, sec. 112(g) or (j)); or
(iii) regulation adopted under AS 46.14.010 (b)(3); and
(E) a substance regulate d under 42 U.S.C. 7671a (Clean Air Act, Sec. 602);
(22) "small business facility" means a facility that
(A) is owned or operated by a person who employs 100 or fewer individuals;

(B) is a small business concern as define d in 15 U.S.C. 631 (Small Business Act); and
(C) emits less than 100 TPY of regulated air contaminants;
(23) "source" means a device, pr ocess, activity, or equipment th at causes, or could cause, a release of an air contaminant;

(24) "tank vessel" means a waterborne vessel, ship, or barge, whethe r or not self-propelled, that is constructed or converte d to carry cargo; "tank vessel" includes a tanker, tank ship, or combination carrier, but does not include a vessel that is loading or unloading
(A) cargo in sealed drums, ba rrels, or other packages; or
(B) petroleum or petroleum products sole ly as fuel for use on that vessel;
(25) "TPY" means tons per year. State effective: 6/25/93; EPA effective: 1/19/99