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2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 2. Oil and Hazardous Substance Response Office. › Sec. 46.08.130. Duties of the office.

(a) The office shall be prepared to respond promptly to a discharge of oil or a hazardous substance.
(b) The office may respond under (a) of this section to an oil or hazardous substance discharge only if
(1) the oil discharge is a catastrophic oil discharge that constitutes an emergency under AS 46.04.080(a);
(2) the discharge of oil or a hazardous substance is declared to be an emergency under AS 46.03.865;
(3) the governor declares the discharge an emergency under AS 26.23;
(4) the commissioner reasonably believes that there has been a discharge of oil or a hazardous substance, or that there is a potential discharge of oil or a hazardous substance, and the discharge may qualify under (1) - (3) of this subsection; or
(5) the commissioner reasonably believes that the discharge or potential discharge poses an imminent and substantial threat to public health or welfare or to the environment.
(c) When the office or corps responds to an oil or hazardous substance discharge under this section, its activities shall be guided by the relevant provisions of the incident command system applicable to the type of discharge to which it is responding.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 2. Oil and Hazardous Substance Response Office. › Sec. 46.08.140. Emergency powers and rights of property owners.

(a) When the office has reasonable grounds to believe that a release of oil or a hazardous substance has occurred or is threatened to occur which, in the judgment of its director, presents an imminent or present danger to the health or welfare of the people of the state or would result in or is likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interest of the people of the state to delay action until an opportunity for a hearing can be provided, state employees or members of the corps may, with permission of the director and without prior hearing, enter private property for the purpose of containment or cleanup.
(b) The property owner affected by a response action taken under (a) of this section has the right to be heard as soon as practicable and to present proof to the office that the containment or cleanup action is unnecessary or that it is not necessary to enter the person's property for the containment or cleanup action.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 2. Oil and Hazardous Substance Response Office. › Sec. 46.08.150. Contracts.

The department may enter into agreements with agencies of the state and federal government, political subdivisions, the University of Alaska, or private persons or entities to conduct research into oil and hazardous substances spill technology.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 2. Oil and Hazardous Substance Response Office. › Sec. 46.08.160. Limitation of liability.

The state, an employee of the state, and a member of the corps are not liable for costs or damages as a result of actions taken under AS 46.08.100 - 46.08.190 in response to a release or threatened release unless the actions taken by the state, the employee, or the member of the corps constitute gross negligence or intentional misconduct.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 2. Oil and Hazardous Substance Response Office. › Sec. 46.08.190. Definition of “office” for AS 46.08.100 - 46.08.190.

In AS 46.08.100 - 46.08.190, “office” means the oil and hazardous substance response office.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.010. Report of hazardous substance releases.

(a) Except as provided in (b) of this section, a person in charge of a vehicle, vessel, or container from which, or a place at which, a hazardous substance is released shall report the release to the department and appropriate public safety agencies promptly after learning of the release.
(b) The commissioner may enter into an agreement with a person for the periodic reporting of a controlled release of a hazardous substance if the release is not into water.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.020. Containment and cleanup of a released hazardous substance.

(a) A person who causes a release of a hazardous substance shall make reasonable efforts to contain and clean up the hazardous substance promptly after learning of the release, unless the commissioner determines
(1) after consulting the United States Environmental Protection Agency or appropriate public safety agencies, that containment or cleanup is technically infeasible;
(2) that containment or cleanup would cause greater environmental damage than if the release were not contained or cleaned up; or
(3) that containment or cleanup would pose a greater threat to human life or health than if the release were not contained or cleaned up.
(b) The commissioner shall develop guidelines prescribing general procedures and methods to be used in the containment and cleanup of a hazardous substance. The guidelines shall be consistent with the national contingency plan revised and republished under 42 U.S.C. 9605.
(c) If the commissioner determines that the containment or cleanup of a hazardous substance undertaken is inadequate, the commissioner may direct the person undertaking the containment or cleanup to cease and may undertake the containment or cleanup directly or by contract.
(d) If it appears to the commissioner that the cause or responsibility for the release of a hazardous substance is unclear or unexplained, the commissioner may immediately undertake the containment and cleanup of the release unless the commissioner determines
(1) after consulting the United States Environmental Protection Agency or appropriate public safety agencies, that containment or cleanup is technically infeasible;
(2) that containment or cleanup would cause greater environmental damage than if the release were not contained or cleaned up; or
(3) that containment or cleanup would pose a greater threat to human life or health than if the release were not contained or cleaned up.
(e) The commissioner shall enter into agreement with the United States Environmental Protection Agency, and may enter into agreements with other persons and municipalities, in order to
(1) facilitate a coordinated and effective hazardous substance release response in the state;
(2) provide for cooperative hazardous substance release notification procedures; or
(3) provide for cooperative review of hazardous substance release response contingency plans submitted to the department.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.030. Disaster emergencies.

The commissioner of environmental conservation or the adjutant general of the Department of Military and Veterans' Affairs may request the governor to determine that an actual or imminent release of a hazardous substance constitutes a disaster emergency under AS 26.23. The commissioner of environmental conservation and the adjutant general of the Department of Military and Veterans' Affairs shall respond appropriately in the relief of the actual or imminent release under the relevant provisions of the applicable incident command system.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.040. Hazardous substances containment and cleanup.

The department may contract with a person or a municipality for personnel, equipment, or services that may be useful to carry out the requirements of this chapter. If the department determines that it is infeasible to contract with a person or a municipality, the department may establish and maintain containment and cleanup personnel, equipment, and supplies necessary to carry out the requirements of this chapter. When exercising its authority under this section, the department shall coordinate with the Department of Military and Veterans' Affairs to avoid duplication of efforts.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.050. Compacts authorized.

The governor may enter into supplementary agreements, reciprocal arrangements, and compacts with another state or country for the implementation of this chapter subject to the approval of the Congress of the United States, if required, under the Constitution of the United States.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.060. Municipalities.

(a) If a provision of this chapter or of a regulation adopted by the commissioner under this chapter conflicts with the charter, ordinance, or regulation of a municipality, the provisions of this chapter or of the regulation adopted by the commissioner under this chapter prevails.
(b) Authority to contain, clean up, or prevent a release or threatened release of oil or of a hazardous substance, and to exercise other powers necessary to implement this chapter, AS 46.04, and AS 46.08, are granted to municipalities that do not otherwise have that authority. Except as provided in (a) of this section, a municipality may exercise its police power within the area of the municipality.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.070. Regulations.

The commissioner shall periodically review the minimum quantities of hazardous substances established under federal law and may adopt regulations establishing minimum quantities of substances for all or any portion of the substances to which this chapter otherwise applies. The commissioner shall adopt only those regulations that are expressly required to implement the specific purposes of this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 09. Hazardous Substance Release Control › Sec. 46.09.900. Definitions.

In this chapter,
(1) “commissioner” means the commissioner of environmental conservation;
(2) “containment and cleanup” includes the direct and indirect efforts associated with the prevention, abatement, containment, or removal of a hazardous substance, and the restoration of the environment; when applied to expenses, the term includes the additional costs of providing a reasonable and appropriate function or service incurred in response to the release of the hazardous substance, including administrative expenses for the incremental costs of providing the function or service;
(3) “department” means the Department of Environmental Conservation;
(4) “hazardous substance” means (A) an element or compound that, when it enters into or on the surface or subsurface land or water of the state, presents an imminent and substantial danger to the public health or welfare, or to fish, animals, vegetation, or any part of the natural habitat in which fish, animals, or wildlife may be found; or (B) a substance defined as a hazardous substance under 42 U.S.C. 9601 - 9657 (Comprehensive Environmental Response, Compensation, and Liability Act of 1980); “hazardous substance” does not include uncontaminated crude oil or uncontaminated refined oil;
(5) “permitted release” means a release occurring under the authority of a valid permit issued by the department or by the United States Environmental Protection Agency;
(6) “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, except that “release” does not include a permitted release or an act of nature;
(7) “service” means a function performed or service provided by the state, including functions not previously performed and services not previously provided by the state;
(8) “threatened release” means that a release is imminent; a release is imminent if
(A) it is impending, or on the point of happening; or
(B) though not impending, in the judgment of the commissioner
(i) the incident or occurrence may reasonably be expected to culminate in an actual release; and
(ii) that actual release may reasonably be expected to cause personal injury, other injury to life, or loss of or damage to property, including the environment.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 11. Conservation of Energy and Materials › Sec. 46.11.040. Applicability of thermal and lighting energy standards to residential buildings.

State financial assistance may not be approved or granted for the construction of or purchase of a loan for a residential building if construction of the building began after December 31, 1991, unless
(1) the building is in compliance with thermal and lighting energy standards;
(2) the building is in compliance with the building code of a municipality and the standards for thermal and lighting energy of the municipal building code meet or exceed the thermal and lighting energy standards;
(3) the building
(A) is constructed under an exception to the municipal building code granted because the exception will result in increased energy efficiency; or
(B) is located or is to be located in an area where thermal and lighting energy standards are not justified because of the high cost of implementation of the standards, with specific consideration given to the availability of inexpensive home heating energy sources, as determined under regulations adopted by the Alaska Housing Finance Corporation; or
(4) the applicant agrees, in writing, that the building will be brought into compliance with thermal and lighting energy standards within one year of conveyance.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 11. Conservation of Energy and Materials › Sec. 46.11.050. Financing of energy efficient homes and buildings.

(a) After December 31, 1980, a financial institution shall take into consideration the economic benefits of alternative energy systems, life-cycle energy costs, energy efficient building design, and energy conservation when financing homes and buildings with state financial assistance.
(b) After December 31, 1980, a financial institution that makes home mortgage loans with money provided to it by the commissioner of revenue from surplus state general fund investments authorized by AS 37.10.070, or a state agency that makes a direct home mortgage loan to an applicant, shall include estimated heating and lighting costs as determined by an energy audit in standard principal, interest, taxes, and insurance calculation of the cost of buying a housing unit. An applicant for a home mortgage loan shall provide the financial institution or the state agency with a copy of an energy audit.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 11. Conservation of Energy and Materials › Sec. 46.11.060. Recycling of materials by state agencies.

(a) A state agency shall to the greatest extent practicable recycle reusable materials, including paper, glass, and cans.
(b) The department shall encourage, through cooperative means, the adoption of all available and practicable methods throughout federal, state, and local governments that recycle, reuse, and conserve materials.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 11. Conservation of Energy and Materials › Sec. 46.11.070. Waste reduction and recycling awards for schools.

(a) In consultation with the Department of Education and Early Development, the department shall establish a waste reduction and recycling awards program under which the department may annually, subject to available funding, award grants of up to $2,000 each to public schools in recognition of their efforts and the efforts of their students to reduce and recycle waste generated in the administrative offices, classrooms, laboratories, cafeterias, and maintenance operations of the schools.
(b) The department shall, on request, provide technical assistance to schools concerning their opportunities to reduce and recycle wastes.
(c) The department shall adopt regulations to implement the awards program. For purposes of evaluating school waste reduction and recycling programs, the department may group schools according to geographical location, student population, distance to recycling markets, or other criteria considered appropriate by the department.
(d) The department may accept and use restricted grants of money or other assistance from private persons or groups to fund the awards made under (a) of this section.
(e) The department may not use state money to fund awards made under (a) of this section unless an appropriation is made specifically for the purposes of (a) of this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 11. Conservation of Energy and Materials › Sec. 46.11.900. Definitions.

In this chapter,
(1) “alternative energy system”
(A) means a source of thermal, mechanical, or electrical energy that is not dependent on oil or gas for the supply of energy for space heating and cooling, refrigeration and cold storage, electrical power, mechanical power, or the heating of water;
(B) includes
(i) an alternative energy property as defined by 26 U.S.C. 48(a)(3)(A); and
(ii) a method of architectural design and construction that provides for the collection, storage, and use of direct radiation from the sun;
(2) “department” means the Department of Environmental Conservation;
(3) “energy audit” means a determination and written summary prepared under 42 U.S.C. 8216(b) of
(A) the energy consumption characteristics of a building, including the size, type, and rate of energy consumption of major energy consuming systems of the building and the climate characterizing the region where the building is located; and
(B) the energy conservation and cost savings likely to result from appropriate energy-conserving maintenance and operating procedures and modifications, including the purchase and installation of energy-related fixtures; for purposes of this subparagraph when a fossil fuel is the energy source, the energy cost savings shall be determined with reference to the projected price of that fossil fuel over a 10-year period;
(4) “financial institution” means a bank, trust company, savings bank, savings and loan association, or credit union;
(5) “life-cycle cost” means the total cost of owning, operating, and maintaining a building over its useful life, including its energy and fuel costs, determined on a basis of a systematic evaluation and comparison of alternative building systems, except that in the case of leased buildings the life-cycle cost shall be calculated over the effective remaining term of the lease;
(6) “public building” means a building owned or controlled and held by the state for government or public use;
(7) “state financial assistance” means a loan, grant, guarantee, insurance, payment, rebate, subsidy, or other form of state assistance other than aid under AS 05.35.010 - 05.35.070, AS 14.11, and AS 29.60, including the purchase by a state agency of a loan to finance the construction or purchase of a residential building;
(8) “thermal and lighting energy standards” means the thermal and lighting energy standards
(A) established by the American Society of Heating, Refrigeration, and Air Conditioning Engineers as revised by the Alaska Housing Finance Corporation for buildings and structures that are not public facilities; or
(B) developed in regulations adopted by the Alaska Housing Finance Corporation for buildings and structures that are not public facilities.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 1. General Regulations and Classifications. › Sec. 46.14.015. Special procedure for more stringent regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010(c) and (d) shall be made available by the department to the public at locations throughout the state that the department considers appropriate.
(b) Before the department adopts a regulation described in AS 46.14.010(b), the department shall submit the findings described under (a) of this section, the studies on which the findings are based, and other related data for peer review to a minimum of three separate parties who are not employees of the department and who are determined by the commissioner to be technically qualified in the subject matter under review. The commissioner shall ensure that the peer review includes an analysis of the factors considered by the commissioner to support the standards proposed to be adopted and recommendations, if any, for additional research or investigation considered appropriate. Peer review reports shall be submitted to the commissioner within 45 days after the department submits a matter for peer review unless the commissioner determines that additional time is required.
(c) The department shall make available to the public at least 30 days before the public hearing required under AS 46.14.010(a), at convenient locations, copies of the department's proposed regulation, the findings of the department describing the basis for adoption of the regulation, and the peer review reports, submitted under (b) of this section.
(d) The department shall contract with persons to perform peer review under (b) of this section. All persons selected shall be selected on the basis of competitive sealed proposals under AS 36.30.200 - 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform peer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of the proposed regulation. An interest is not considered significant under this subsection if it is an interest possessed generally by the public or a large class of persons or if the effect of the interest on the person's ability to be impartial is only conjectural.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 1. General Regulations and Classifications. › Sec. 46.14.020. Classification of stationary sources or emissions units; reporting.

(a) The department, by regulation, may classify stationary sources or emissions units that, in the department's determination, are likely to cause or contribute to air pollution, according to the levels and types of emissions and other characteristics that relate to air quality. The department may make a classification under this subsection applicable to the state as a whole or to a designated area of the state. The department shall base the classifications on consideration of health, economic, and social factors, sensitivity of the receiving environment, and physical effects on property.
(b) The department or a local air quality control program authorized under AS 46.14.400 may require an owner and operator of a stationary source or emissions unit classified under this section to report information to the department or the authorized local program concerning location, size, and height of stacks or area emissions units, processes employed, fuels used, the nature and time periods or duration of emissions, and other information relevant to air quality that is available or reasonably capable of being calculated and compiled.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 1. General Regulations and Classifications. › Sec. 46.14.030. State air quality plan.

The department shall act for the state in any negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended. The department may adopt regulations necessary to implement the state plan.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.120. Permits for construction, installation, modification, or operation.

(a) Before constructing, installing, modifying, or establishing a stationary source subject to AS 46.14.130(a), the owner and operator shall obtain a construction permit under this chapter.
(b) Except when considered to be in compliance with this chapter under AS 46.14.275 or under a regulation adopted under AS 46.14.140(a)(12), the owner and operator shall obtain an operating permit under this chapter before operating a stationary source subject to AS 46.14.130(b).
(c) A permittee shall comply with the terms and conditions of a permit or a modifying compliance order issued by the department under this chapter or a court order. A person operating under the application shield available under AS 46.14.140(a)(12) and 46.14.275, shall comply with the terms and conditions of the pending application and applicable regulations.
(d) The department shall ensure that permits issued, modified, amended, renewed, or revoked and reissued under this chapter comply with all applicable federal, state, and local requirements.
(e) If the federal administrator exempts a stationary source from the requirements of 42 U.S.C. 7661a(a) (Clean Air Act, sec. 502(a)), the commissioner shall consider the factors used by the administrator in reaching that determination and, by regulation, shall issue a similar determination unless public health or air quality effects provide a reasonable basis to regulate the stationary source.
(f) The department may exempt or defer a stationary source from the requirement of AS 46.14.130(b) to the extent allowed under 40 C.F.R. 70.3(b).
(g) Before constructing, installing, modifying, operating, or establishing a stationary source subject to AS 46.14.130(c), the owner or operator shall obtain a minor permit under this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.130. Stationary sources requiring permits.

(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following:
(1) a new major stationary source;
(2) a major modification;
(3) a project subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act, sec. 112(i)).
(b) Except for the owner and operator of a stationary source exempted under AS 46.14.120(e) or (f), the owner and operator of a stationary source shall obtain an operating permit from the department for
(1) a major source;
(2) a stationary source that contains an emissions unit subject to federal new source performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or
(3) another stationary source designated by the federal administrator by regulation.
(c) Unless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, or establishing a stationary source, the owner and operator shall obtain a minor permit from the department if the stationary source is of a type classified under AS 46.14.020
(1) as having the potential to violate the ambient air quality standards; or
(2) under a finding by the department that public health or air quality effects provide a reasonable basis to regulate the stationary source.
(d) In this section, “major source” has the meaning given in 42 U.S.C. 7661(2).
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.150. Time for submission of operating permit applications.

(a) The owner and operator of a stationary source required to have an operating permit under this chapter shall submit the required application and other information required by the department by regulation no later than 12 months after the date on which the stationary source becomes subject to AS 46.14.120(b).
(b) The department may accept and begin processing applications filed earlier than the submission date. Applications filed earlier may be given priority for permit issuance.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.160. Completeness determination.

(a) The department shall review every application submitted under this chapter for completeness. To be determined complete, an application must provide the information identified by the department in regulations adopted under AS 46.14.140 and in standard application forms provided by the department under AS 46.14.140(a)(1) and must be certified true and correct by the owner and operator.
(b) The department shall notify the applicant in writing whether the application is complete. Unless the department notifies the applicant within 60 days of receipt of an application that the application is incomplete, the application is considered to be complete.
(c) If, during the processing of an application after it has been determined or considered to be complete, the department finds that additional information is necessary to evaluate or take action on that application, the information may be requested in writing from the owner and operator. A request for information under this subsection does not render the application incomplete. However, notwithstanding AS 46.14.275, an owner and operator may be found in violation of this chapter for operating without a valid permit if they fail to provide timely additional information.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.170. Administrative actions regarding permits.

(a) Except as provided in AS 46.14.220 or in regulations adopted under AS 46.14.140(a)(7), after receipt of a complete application, and after notice and opportunity for public comment and hearing, the department shall issue or deny
(1) a construction permit within 30 days after the close of the public comment period;
(2) an operating permit, other than a general operating permit or temporary operating permit, within 12 months after receipt of the complete application by the department.
(b) [Repealed, § 82 ch 41 SLA 2009.]
(c) Failure by the department to act within the time limits established in or under (a) or (d) of this section is considered to be a final agency action, but only for the purpose of judicial review to determine whether the court will require that action be taken by the department.
(d) The department shall issue or deny a minor permit under AS 46.14.130(c) within 30 days after the close of the public comment period or within 30 days after receipt of the complete application by the department if a public comment period is not required under this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.180. Monitoring.

Monitoring by the owner and operator of stack emissions or ambient air quality shall be required by the department only for purposes of demonstrating compliance with applicable permit program requirements. Monitoring requirements must be reasonable and based on test methods, analytical procedures, and statistical conventions approved by the federal administrator or the department or otherwise generally accepted as scientifically competent. Unless otherwise agreed to by the owner and operator and the department,
(1) the department may not require an owner and operator of an emissions unit to monitor emissions or ambient air quality solely for the purpose of scientific investigation or research; and
(2) monitoring activities must be consistent with the applicable emission standards and their permit or permit application requirements.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.190. Single permit.

(a) Except as provided in (b) of this section, the department shall issue only a single operating permit to a stationary source, regardless of whether the stationary source contains a single emissions unit or multiple emissions units.
(b) The department may, upon request of a stationary source owner or operator, issue more than one permit for the stationary source. Substantive and procedural requirements otherwise applicable to a stationary source remain applicable regardless of whether the stationary source owner and operator apply for one or more permits.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.200. Review of permit action.

A person who has a private, substantive, legally protected interest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is required or solicited, a person who participated in the public comment process may request an adjudicatory hearing under the department's adjudicatory hearing procedures. After the issuance of an adjudicatory hearing decision, a party to the hearing may obtain judicial review of that decision as provided in the Alaska Rules of Appellate Procedure.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.210. General operating permits.

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the federal administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be similar in emissions unit structure. A general operating permit must contain provisions that meet the requirements of this chapter that are applicable to operating permits. A general operating permit issued to a particular person takes effect when the person's application is determined to be complete unless the department notifies the applicant that the general permit is not applicable to the person's stationary source.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.211. General minor permits.

After notice and opportunity for public comment and hearing, the department may establish a general minor permit that would be applicable to more than one stationary source determined by the department to be similar in structure. If authorized by the department, a permit issued under this section may be valid for multiple locations in this state. A general minor permit must contain provisions that meet the requirements of this chapter that are applicable to a minor permit.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.215. Temporary operations.

For purposes of AS 46.14.130(b), the department may issue a single operating permit under AS 46.14.170, authorizing a stationary source to operate at specific multiple locations in the state for temporary periods of time. A permit described in this section is valid only for the specific locations identified in the application and authorized by the department. The department may not issue a permit under this section unless the permit contains conditions that will ensure compliance with this chapter at each authorized location, including compliance with ambient air quality standards and applicable increment or visibility requirements adopted under this chapter. A permit under this section must require the owner and operator to notify the department at least 10 days before a change in location of a stationary source permitted under this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.220. Objection by federal administrator.

(a) An operating permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier. If, during the 45-day period, the federal administrator files an objection with the department, the department shall notify the applicant of the objection. The department may not issue the permit until the objection is resolved or the permit is revised to meet the objection of the federal administrator. Upon request of an applicant, the department shall assist the applicant in an effort to resolve promptly an objection by the federal administrator.
(b) Within 60 days after the close of the 45-day period under (a) of this section and in accordance with procedures established in federal regulations adopted under 42 U.S.C. 7661d(b)(2) (Clean Air Act, sec. 505(b)(2)), a person may petition the federal administrator to file an objection to the permit.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.230. Duration of operating permits.

(a) An operating permit under this chapter, including an operating permit that contains a compliance schedule, shall be issued for a fixed term of five years after the date of issue, except as provided for temporary operations under AS 46.14.215 or unless a shorter term is requested by the permit applicant.
(b) If a timely and complete application for renewal of an operating permit is submitted to the department, the existing permit issued under this chapter does not expire until the renewal permit has been issued or denied.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.235. Federal termination, modification, or revocation and reissuance of permits.

The department shall take measures practicable and otherwise lawful to avoid termination, modification, or revocation and reissuance by the federal administrator of permits issued by the department under this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.240. Permit administration fees.

(a) The owner or operator of a stationary source who is required to apply for a permit under AS 46.14.130 shall pay to the department all assessed permit administration fees established under (b) of this section except that the person named in a permit issued under AS 46.14.170 shall pay assessed permit administration fees incurred after the date the permit is issued.
(b) The department shall establish by regulation permit administration fees in accordance with AS 37.10.050 - 37.10.058.
(c) [Repealed, §§ 60(b), 65 ch 46 SLA 2003.]
(d) Costs incurred by the department and other state or local governmental agencies that are assessed against small business facilities that qualify for assistance under AS 46.14.300 - 46.14.310 shall be recovered from emission fees under AS 46.14.250(h)(2) for the following services:
(1) providing preapplication consultation, assistance, and completeness review of applications for a permit, an amendment, a permit modification, or a renewal of a permit;
(2) reviewing or assisting in the preparation of specific documents to support a permit for a stationary source; the documents described in this paragraph include on-site evaluations.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.255. Interest and sanctions for nonpayment.

(a) The department may assess interest against the owner and operator after a fee is due under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two percentage points higher than the prime rate, as defined in AS 44.88.599, for the day the fee was due.
(b) If a permittee has failed to pay a fee imposed under AS 46.14.240 - 46.14.250, a penalty, assessment, or damage award imposed under AS 46.03.760(e) or 46.03.790 for a violation of this chapter, or interest imposed under (a) of this section, the department may, after 30 days' written notice to the permittee, revoke a minor permit, refuse to issue or renew permits requested by the permittee, or refuse to amend or modify a permit when the amendment or modification is requested by the permittee.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.260. Clean air protection fund.

(a) The clean air protection fund is established. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS 46.14.140, as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii)) for state participation in the federal emission control permit program.
(b) The money deposited into the clean air protection fund may only be used to cover the reasonable direct and indirect costs required to support the permit program under this chapter and the activities of the small business assistance program that are directed at stationary sources subject to this chapter, not including court costs or other costs associated with an enforcement action.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.265. Emission control permit receipts account.

(a) The emission control permit receipts account is established in the state treasury. Under AS 37.05.146(c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulations adopted under AS 46.14.140, other than fees described in AS 46.14.260(a), shall be deposited in the account. Appropriations from the account are not made from the unrestricted general fund.
(b) Nothing in this section creates a dedicated fund.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.270. Clean air protection account.

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and interest collected under AS 46.14.255 shall be deposited in the general fund and credited to a special account called the clean air protection account.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.275. Timely and complete application as shield.

If an owner and operator have submitted a timely and complete application for a permit or a permit renewal, as applicable, but final action has not been taken on the application, the owner's and operator's failure to have an operating permit is not a violation of this chapter unless the delay in final action was due to the failure of the owner and operator to submit, in a timely manner, additional information required or requested to process the application. An owner and operator required to have an operating permit under this chapter are not in violation of the operating permit program established under this chapter before the date on which the owner and operator are required to submit an application under AS 46.14.150.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 14. Air Quality Control › Article 2. Emission Control Permit Program. › Sec. 46.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

(a) After 30 days' written notice to the permittee, the department
(1) may terminate, modify, or revoke and reissue a construction, operating, or minor permit if the department finds that
(A) the permit was obtained by misrepresentation of material fact or by failure of the owner and operator to disclose fully the facts relating to issuance of the permit;
(B) the permittee has violated this chapter, a regulation, a judicial or administrative order, or a material term or condition of a permit, approval, or acceptance issued under this chapter; or
(C) the permittee has failed to construct or modify a stationary source within the time period specified in a construction permit, if any, required under AS 46.14.130(a);
(2) may modify, or revoke and reissue a construction, operating, or minor permit if the department finds that
(A) the permit contains a material mistake; or
(B) there has been a material change in the quantity or type of air pollutant emitted from the stationary source; or
(3) shall reopen a permit issued under this chapter
(A) based on a determination of the federal administrator or the department that the permit must be revised to comply with 42 U.S.C. 7401 - 7671q (Clean Air Act) and regulations adopted under 42 U.S.C. 7401 - 7671q; or
(B) to incorporate changes in law, or to impose equivalent emission limitations, that become applicable after the permit is issued if the permit is issued to a major source and has a remaining duration of three or more years; the department shall make revisions allowed under this subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months after the change in law takes effect; the department may not reopen the permit of a major source under this subparagraph if the change in law is not effective until after the date that the permit expires.
(b) Reopening of a permit under (a)(3) of this section shall be treated as a permit renewal by the department if the procedural requirements for permit renewal have been met.
(c) Proceedings to reopen a permit under this section shall follow the same procedure as for initial permit issuance and shall affect only those parts of the permit for which the department had cause to reopen under this section.