reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 1 - Ambient Air Quality Management › 18 AAC 50.090 - Volatile liquid loading racks and delivery tank emission standards

Current through May 31, 2024
(a) The owner, operator, or permittee of a
				stationary source that is located in the Port of Alaska 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 vapor-laden 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
(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;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 1 - Ambient Air Quality Management › 18 AAC 50.100 - Nonroad engines

Current through May 31, 2024
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.
Authority:
AS
					 46.03.020
AS 46.14.010
AS 46.14.020
AS
					 46.14.030
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 1 - Ambient Air Quality Management › 18 AAC 50.110 - Air pollution prohibited

Current through May 31, 2024
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.
Authority:
AS
					 46.03.020
AS
					 46.03.710
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.200 - Information requests

Current through May 31, 2024
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.
Authority:
AS
					 46.03.020
AS 46.14.020
AS 46.14.030
Sec. 30, ch. 74, SLA
					 1993
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.205 - Certification

Current through May 31, 2024
(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 the person providing the electronic signature
(1) uses a security procedure, as defined in
				AS 09.80.190, approved by the department under as 09.80.150 and
(2) accepts or agrees to be bound by an
				electronic record executed or adopted with that signature.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.215 - Ambient air quality analysis methods

Current through May 31, 2024
(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
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),
				EPA 's
Quality Assurance Handbook for Air Pollutant Measurement
				Systems; Volume IV; Meteorological Measurements Version 2.0
, 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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.220 - Enforceable test methods

Current through May 31, 2024
(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 emissions unit or another rate determined
				by the department to characterize the actual discharge into the ambient
				air.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.225 - Owner-requested limits

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.230 - Preapproved emission limits

Current through May 31, 2024
(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 PAEL's, 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 emissions units described in (c),(d), or (f) 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;
(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 emissions 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(f)(2); and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.235 - Unavoidable emergencies and malfunctions

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.240 - Excess emissions

Current through May 31, 2024
(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 violations that the department determines to be unavoidable
				under this section are not subject to penalty by the department. 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
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.246 - Air quality episodes and advisories tor PM-2.5

Current through May 31, 2024
(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 concentration 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 6
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
(2) publicize actions to be taken to protect
				public health.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.250 - Procedures and criteria for revising air quality classifications

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.260 - Guidelines for best available retrofit technology under the regional haze rule

Current through May 31, 2024
(a) For purposes of this section, the
				following are adopted by reference:
(1) 
										40
				C.F.R. 51.301 (Definitions), as 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;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.265 - Additional requirements for construction or operation of Title V permitted sources and operation of minor stationary sources within the regional haze special protection area

Current through May 31, 2024
In accordance with Volume II, Section III.K.13.H. of the
State Air Quality Control Plan,
adopted by reference in 18 AAC 50.030, in addition to meeting all requirements in 18 AAC 50 as applicable, all
				  stationary sources that require a permit, are located or operating within the
				  area defined in 18 AAC 50.025(a)(4), and contain fuel burning equipment or
				  industrial processes, shall
(1)
				maintain onsite for 10 years, records of any maintenance to any siginificant
				emissions unit that is not insignificant emissions unit under 18 AAC 50.326(d)
				- (i), that has or may have an effect on any emission that affects visibility
				of Class I areas, including critical maintenance that has occurred or is
				planned to occur, including all schedules, practices, and maintenance records
				for each significant emissions unit and control device according to the
				manufacturer's emission-related written instructions;
(2) if the applicant has not previously
				submitted the information necessary for the state to compile the national
				emission inventory as required in  40 C.F.R Part 51, Subpart A, as revised as of
				July 1, 2022, and adopted by reference, include that information in accordance
				with 18 AAC 50.200;
(3) upon request
				by the department, submit copies of the information required under (1) of this
				section;
(4) ensure that an
				application for a construction permit, new permit, permit renewal, or permit
				modification specifically addresses information related to possible impacts on
				the reasonable further progress goals for Class 1 areas, as identified in the
State Air Quality Control Plan,
adopted by reference in 18 AAC 50.030; in addition to the requirements found in 18 ACC 50.300 - 18 ACC 50.390
				and 18 AAC 50.502 - 18 AAC 50.560 as applicable, the application must also
				included:
(A) anticipated equipment major
				maintenance schedules, if applicable;
(B) a best estimate of the projected
				equipment life of a significant emissions unit, if known; for new construction,
				a permit requirement will be included to collect this information once an
				emissions unit is installed;
(C)
				an assessment of whether or not emissions resulting from the proposed project
				may impact the states reasonable further progress goals; and
(D) a description of mitigation measures to
				minimize any identified adverse impacts to the state reasonable further
				progress goals
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.275 - Consistency of reporting methodologies

Current through May 31, 2024
(a) Regardless of
				permit of classification, as of {September 7, 2022}, all stationary sources
				operating in the state shall report actual emissions as required under this
				chapter to the department, either upon request or to meet individual permit
				requirements, in order for the state to meet the federal reporting requirements
				under  40 C.F.R. Part 51, Subpart A.
(b) For the purposes of reporting potential,
				actual, or assessable emissions under any requirement of this chapter,
				stationary sources shall use consistent pollutant-specific emissions factors
				and calculation methods for all reporting requirements.
Authority:
AS
					 46.03.020
AS
					 46.14.010
AS
					 46.14.020
AS
					 46.14.030
AS
					 46.14.140
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.301 - Permits: continuity

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.302 - Construction permits

Current through May 31, 2024
(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) permit 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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.306 - Prevention of significant deterioration (PSD) permits

Current through May 31, 2024
(a) An owner or
				operator must obtain a prevention of significant deterioration (PSD) permit
				under this section before beginning actual constriction 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;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.311 - Nonattainment area major stationary source permits

Current through May 31, 2024
(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.
(b) The application
				for a permit under this section must include
(1) for the nonattainment air pollutant,
(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) a 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;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.316 - Preconstruction review for construction or reconstruction of a major source of hazardous air pollutants

Current through May 31, 2024
(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 C.F.R. Part 63 and subject to that
				standard.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.326 - Title V operating permits

Current through May 31, 2024
(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;
(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).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.345 - Construction, minor, and operating permits: standard permit conditions

Current through May 31, 2024
(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 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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 3 - Major Stationary Source Permits › 18 AAC 50.346 - Construction and operating permits: other permit conditions

Current through May 31, 2024
(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
				emissions 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 emissions unit. The
				department's Standard Permit Condition II - Air Pollution Prohibited, as
				revised as of July 22, 2020, 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 emissions 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 emissions 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 July 22,
				2020;
(2) Standard Permit Condition
				III - Excess Emissions and Permit Deviation, Reports, as revised as of July 22,
				2020;
(3) Standard Permit Condition
				IV - Notification Form, for Excess Emissions and Permit deviation revised as of
				July 22, 2020;
(4) Standard
				Operating Permit Condition V - Insignificant Emmissions unit, as revised as of
				July 22, 2020;
(5) Standard
				Operating Permit Condition VI - Good Air Pollution Control Practices, as
				revised as of July 22, 2020;
(6)
				Standard Operating Permit Condition VII - Operating Reports, as revised as of
				July 22, 2020;
(7) Standard
				Operating Permit Condition XIV - Permit Applications and Submittals, as
				revised as of July 22, 2020;
(8)
				Standard Operating Permit Condition XV - Emission Inventory Reporting, as
				revised as of July 22, 2020;
(9)
				repealed.11/7/2020.
(10) Standard
				Permit Condition XVII - Reporting Requirements, as revised as of July 22,
				2020;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 4 - User Fees › 18 AAC 50.400 - Permit administration fees

Current through May 31, 2024
(a) The permittee,
				owner, or operator of a Title V source described under
				18 AAC 50.326 shall pay to the department the annual or
				onetime fees listed in this subsection. Permittees will be invoiced on or
				before July 15 for each annual period from July 1 through the following June 30
				for annual fees. For an initial Title V permitted source, the annual fees are
				collected starting the first July after the permit is issued, and the
				administration fee for development of an initial Title V permit or a minor
				source specific permit associated with a Title V source will be calculated in
				accordance with (h) of this section and billed in accordance with
				18 AAC 50.420(b). The following fees apply
				to Title V sources:
(1) for an oil-and-gas
				source with the potential to emit equal to or greater than 250 tons per year of
				any one pollutant, the
(A) annual
				administration fee is $3, 660; and
(B) annual compliance fee is
				$4,679;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 4 - User Fees › 18 AAC 50.403 - Negotiated service agreements

Current through May 31, 2024
If a fixed permit administration fee has not been set under
				  18 AAC 50.400(a)
				  - (g) 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. Unless a completed
				  negotiated service agreement specifies otherwise, all work done by the
				  department to develop the negotiated service agreement is a designated
				  regulatory service billed in accordance with
				  18 AAC 50.400(h).
Authority:
AS
					 37.10.050
AS 37.10.052
AS 37.10.058
AS 44.46.025
AS 46.03.020
AS 46.14.140
AS
					 46.14.240
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 4 - User Fees › 18 AAC 50.410 - Emission fees

Current through May 31, 2024
(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 emission fee is assessed per ton for total tonnage
				projected, as reported on a per pollutant basis. All total projected tonnage
				will be billed emission fees.
(b)
				Except as provided in (c) and (g) of this section, emission fees will be
				assessed as follows:
(1) for a stationary
				source required to obtain an operating permit under
				AS
				46.14.130(b), an emission
				fee rate of $84.29 per ton, that will be allocated to the clean air protection
				fund under
				AS
				46.14.260;
(2) for a stationary source not subject to
				(1) of this subsection but otherwise required to obtain a permit under
				AS
				46.14.130, the emission fee rate of $17.70
				per ton; the amount will be allocated to the emission control permit receipts
				account under
				AS
				46.14.265.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 4 - User Fees › 18 AAC 50.420 - Billing procedures

Current through May 31, 2024
(a) The department will send supplemental
				bills for emission fees and fixed permit administration fees after {September
				7, 2022} to bill or credit for the prorated difference between bills sent for
				state fiscal year 2023 before {September 7, 2022} and the rates in effect as of
				{September 7, 2022}. 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 annual
				administration fees under
				AS
				46.14.240 and
				18 AAC 50.400(a) - (g) and annual compliance
				fees under
				AS
				46.14.240 and
				18 AAC 50.400(a), (d), and (f)
Authority:
AS
					 44.46.025
AS
					 46.03.020
AS
					 46.14.140
AS
					 46.14.240
AS
					 46.14.250
AS
					 46.14.255
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 4 - User Fees › 18 AAC 50.430 - Fee appeal procedures

Current through May 31, 2024
(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.
Authority:
AS
					 44.46.025
AS 46.03.020
AS 46.14.140
AS 46.14.240
AS
					 46.14.250
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 4 - User Fees › 18 AAC 50.499 - Definitions for user fee requirements

Current through May 31, 2024
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.
(4) "state fiscal year" means a year
				beginning on July 1 of one calendar year and ending on June 30 of the following
				calendar year.
Authority:
AS
					 37.10.050
AS 37.10.052
AS 37.10.058
AS 44.46.025
AS 46.03.020
AS 46.14.140
AS
					 46.14.240
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.502 - Minor permits for air quality protection

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.508 - Minor permits requested by the owner or operator

Current through May 31, 2024
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
(C) PAL major
				modification;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.510 - Minor permit - Title V permit interface

Current through May 31, 2024
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
				  requirement 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.
Authority:
AS
					 46.03.020
AS 46.14.010
AS 46.14.020
AS 46.14.120
AS 46.14.130
AS 46.14.140
AS 46.14.170
AS
					 46.14.180
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.540 - Minor permit: application

Current through May 31, 2024
(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.
(c)
Minor permit for air quality
				protection.
Except for a Port of Alaska 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
Emissions Unit Information
				Form
;
(B)
Emission
				Summary Form; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.542 - Minor permit: review and issuance

Current through May 31, 2024
(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)
				repealed
(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
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.544 - Minor permits: content

Current through May 31, 2024
(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).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.546 - Minor permits: revisions

Current through May 31, 2024
(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.
Authority:
AS
					 46.03.020
AS 46.14.010
AS 46.14.020
AS 46.14.120
AS 46.14.130
AS 46.14.140
AS 46.14.170
AS 46.14.180
AS
					 46.14.285
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 5 - Minor Permits › 18 AAC 50.560 - General minor permits

Current through May 31, 2024
(a)
Criteria.
The department may
				issue a general minor permit to allow construction or operation of stationary
				sources or emissions 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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.700 - Purpose

Current through May 31, 2024
(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- I 0 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. 530  I - 5340 (public transportation).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.705 - Applicability

Current through May 31, 2024
(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;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.712 - Agency responsibilities

Current through May 31, 2024
Representatives of the department, the Department of
				  Transportation and Public Facilities, metropoli tan planning organizations, and
				  local and regional air quality and transporlation agencies recognized by the
				  state shall undertake an interagency consultation process with each other and
				  with the local or regional offi ces of the United States Environmental
				  Protection Agency and the United States Department of Transportation, Federal
				  Highway Administration (FHW A) and Federal Transit Administration (FT A) on the
				  development of the state implementation plan, transportation plans,
				  u-ansportation improvement programs, and associated con formity 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.I.3.
Authority:
AS
					 46.03.020
AS
					 46.14.030