Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 2 - Program Administration › 18 AAC 50.201 - Ambient air quality investigation

Current through May 31, 2024
(a) Upon a finding
				by the department that emissions from an existing stationary source have a
				reasonable likelihood of causing or significantly contributing to ambient
				concentrations of one or more air pollutants that exceed an ambient air quality
				standard, maximum allowable increase, or the limitations of
				18 AAC 50.110, the department may
				require the owner, operator, or permittee to evaluate the effect of the
				stationary source's emissions of those air pollutants on ambient air or on the
				limitations of
				18 AAC 50.110 that are at issue.
				An evaluation submitted under
				18 AAC 50.306,
				18 AAC 50.540, this section, or
				prior equivalent regulations, and deemed complete by the department, must
				satisfy the evaluation requirements of this section, and any prior analysis
				must accurately represent the stationary source's emissions.
(b) Based on an evaluation submitted under
				(a) of this section or other information in the department's possession and
				subject to
				AS
				46.14.010(e), the department
				may require an existing stationary source to reduce emissions or implement
				another control strategy to reduce the ambient impact of those emissions as
				necessary to ensure that the concentration of air pollutants in the ambient air
				does not exceed the ambient air quality standards, maximum allowable increases,
				or the limitations of
				18 AAC 50.110. A reduction or
				control strategy may be imposed as a source-specific permit condition or as a
				regulation. Before imposing a reduction or control strategy, the department
				will consult with the affected owner, operator, or permittee and provide the
				affected public an opportunity for comment and hearing. To the extent
				practicable, given the costs of determining an equitable allocation, any
				emission reduction or control strategy imposed under this section will be
				equitably allocated among stationary, mobile, and area sources and source
				categories based upon their relative contribution to the ambient impacts of
				concern, the cost of additional controls, and other equitable
				factors.
(c) When determining
				whether to impose a reduction or control strategy under (b) of this section,
				the department will consider the uncertainties of ambient air quality analysis,
				the costs and benefits of resolving the uncertainties, the nature of the
				ambient impact area, and the proximity and magnitude of adjacent
				impacts.
(d) The provisions of this
				section do not apply if the area affected by the emissions of an air pollutant
				is designated nonattainment for that air pollutant under
				18 AAC 50.015.
(e) The provisions of this section do not
				limit the department's ability to require or conduct ambient air quality
				analysis or control under the construction permit program established under
				AS
				46.14.120 and this chapter.
Authority:
AS
					 46.03.020
AS 46.14.020
AS 46.14.030
AS 46.14.120
Sec. 30, ch. 74, SLA
1993