	DEPARTMENT OF

	ENVIRONMENTAL CONSERVATION

	18 AAC 50

	Air Quality Control

	As amended through December 3, 2005

	

Frank Murkowski

Governor

Kurt Fredriksson

Commissioner



IMPORTANT NOTE TO READER

The regulations in this booklet have been prepared by the Department of
Environmental Conservation.  They do not constitute an official version
of these regulations, nor do they necessarily reflect current law.  Any
amendments made after the date of this booklet would appear in the
published version of the Alaska Administrative Code.  If any discrepancy
is found between this booklet and the Alaska Administrative Code, the
Code should be considered the final Authority, unless the discrepancy is
the result of a manifest error in the Code.

Chapter 50.  Air Quality Control.

Article

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

2.  Program Administration (18 AAC 50.200 - 18 AAC 50.250)

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

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

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

6.  (Reserved)

7.  Conformity (18 AAC 50.700 - 18 AAC 50.735)

8.  (Reserved)

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

Editor's note:  The regulations in this chapter, effective January 18,
1997, and distributed in Register 141, are a comprehensive
reorganization and revision of the department's regulations dealing with
air quality control.  Except for the provisions of 18 AAC 50.110 and 

18 AAC 50.700 - 18 AAC 50.735, they replace all previous regulations in
this chapter that were repealed simultaneously with the adoption of
these regulations.  The history line at the end of each section does not
reflect the history of the replaced provisions before January 18, 1997. 
The numbering of sections is not related to the numbering before January
18, 1997.  Previous amendments of this chapter are on file in the Office
of the Lieutenant Governor and are found at Register 42, 5/26/72;
Register 50, 5/8/74; Register 74, 5/4/80; Register 84, 11/1/82; Register
88, 10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118,
5/11/91; Register 119, 7/21/91; Register 123, 7/12/92; Register 124,
12/10/92; Register 125, 2/19/93; Register 126, 4/7/93; Register 127,
7/8/93; Register 129, 2/1/94; Register 130, 4/23/94; Register 131,
7/30/94; Register 131, 8/5/94; Register 131, 8/10/94; and Register 133,
1/4/95.

Article 1.  Ambient Air Quality Management.

Section

  05.  Purpose and applicability of chapter

  10.  Ambient air quality standards

  15.  Air quality designations, classifications, and control regions

  20.  Baseline dates and maximum allowable increases

  25.  Visibility and other special protection areas

  30.  State air quality control plan

  35.  Documents, procedures, and methods adopted by reference

  40.  Federal standards adopted by reference

  45.  Prohibitions

  50.  Incinerator emission standards

  52.  (Repealed)

  55.  Industrial processes and fuel-burning equipment

  60.  Pulp mills

  65.  Open burning

  70.  Marine vessel visible emission standards

  75.  Wood-fired heating device visible emission standards

  80.  Ice fog standards

  85.  Volatile liquid storage tank emission standards

  90.  Volatile liquid loading racks and delivery tank emission
standards

100.  Nonroad engines

110.  Air pollution prohibited

18 AAC 50.005.  Purpose and applicability of chapter.  (a)  The purpose
of this chapter is to identify, prevent, abate, and control air
pollution in a manner that meets the purposes of 

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

(b)  The requirements of this chapter apply to any person who allows or
causes air pollutants to be emitted into the ambient air.  (Eff.
1/18/97, Register 141; am 10/1/2004, Register 171)

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

AS 46.14.010		

18 AAC 50.010.  Ambient air quality standards.  The standards for
concentrations of air pollutants in the ambient air, measured or
predicted by an analytical method described in 

18 AAC 50.215, are established as follows:

(1)  for PM-10:

(A)  expected annual arithmetic mean of 50 micrograms per cubic meter;
and



(B)  24-hour average of 150 micrograms per cubic meter, with this 
standard being attained when the expected number of days in a calendar
year with a 24-	hour average concentration above 150 micrograms per
cubic meter is less than or equal to 	one day;

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

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

(B)  24-hour average of 365 micrograms per cubic meter not to be
exceeded more than once each year; and

(C)  three-hour average of 1300 micrograms per cubic meter not to be
exceeded more than once each year;

(3)  for carbon monoxide:

(A)  eight-hour average of 10 milligrams per cubic meter not to be
exceeded more than once each year; and

(B)  one-hour average of 40 milligrams per cubic meter not to be
exceeded more than once each year;

(4)  for ozone:  one-hour average of 235 micrograms per cubic meter,
with this standard being attained when the expected number of days in a
calendar year with a maximum hourly average concentration above 235
micrograms per cubic meter is less than or equal to one day;

(5)  for nitrogen dioxide:  annual arithmetic mean of 100 micrograms per
cubic meter;

(6)  for lead:  quarterly arithmetic mean of 1.5 micrograms per cubic
meter; 

(7)  for reduced sulfur compounds, expressed as sulfur dioxide:
30-minute average of 50 micrograms per cubic meter not to be exceeded
more than once each year; and

(8)  for ammonia:  2.1 milligrams per cubic meter, averaged over any
consecutive eight hours not to be exceeded more than once each year. 
(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004,
Register 171)

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

AS 46.14.010		



18 AAC 50.015.  Air quality designations, classifications, and control
regions.  (a)  To identify an area by its air quality, all geographic
areas in the state are designated by the federal administrator as
"attainment," "nonattainment," or "unclassifiable."  An area is
designated "attainment" for a particular air pollutant if its air
quality meets the ambient air quality standard for that air pollutant. 
If air quality does not meet the ambient standard for a particular air
pollutant, that area is designated "nonattainment" for that air
pollutant.  If there is insufficient information to classify an area as
attainment or nonattainment for a particular air pollutant, the area is
designated "unclassifiable" for that air pollutant.

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

(1)  repealed 6/24/2004

(2)  for PM-10:

(A)  Mendenhall Valley area of Juneau; and

(B)  Eagle River area of Anchorage.

(c)  To establish standards for the prevention of significant
deterioration of air quality, geographic areas in the state are

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

(A)  Cook Inlet Intrastate Air Quality Control Region;

(B)  Northern Alaska Intrastate Air Quality Control Region;

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

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

(2)  classified as shown in Table 1 in this subsection for each air
pollutant for which the area is designated "unclassifiable" or
"attainment."



	Table 1.  Air Quality Classifications

	Classification	

	Geographic Area



Class I areas	

Denali National Park including the Denali Wilderness but excluding the
Denali National Preserve

	

Bering Sea National Wildlife Refuge designated as a National Wilderness
Area

	

Simeonof National Wildlife Refuge designated as a National Wilderness
Area

	

Tuxedni National Wildlife Refuge designated as a National Wilderness
Area



Class II areas	

All other geographic areas in Alaska not classified as Class I or Class
III



Class III areas	

No areas in Alaska



(d)  The following areas are subject to maintenance plan requirements
for carbon monoxide, as required under 42 U.S.C. 7505a, and as adopted
by reference in 18 AAC 50.030 as part of the state air quality control
plan:

(1)  the Municipality of Anchorage;

(2)  Fairbanks and North Pole urban area.  (Eff. 1/18/97, Register 141;
am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/102004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.010		AS 46.14.030

Editor's note:  The nonattainment area boundaries, the air quality
control region boundaries, and the Class I area boundaries are depicted
on maps in the state air quality control plan adopted by reference in 18
AAC 50.030.  Air quality control region and nonattainment area
boundaries are described in 40 C.F.R. 81, as revised as of July 1, 2003.

As of Register 154, July 2000, the regulations attorney under AS
44.62.125(b)(6) made a change in Table 1 at 18 AAC 50.015(c)(2), to
correct a typographical error.

	18 AAC 50.020.  Baseline dates and maximum allowable increases.  (a) 
In an area designated nonattainment in 18 AAC 50.015(b), the provisions
of this section do not apply to the nonattainment air pollutant. 
However, this section does apply to all other air pollutants listed in
Table 2 in this subsection.

	Table 2.  Baseline Dates

Air Quality Control 

Region	

	Air Pollutant	

	Baseline Date



Cook Inlet Intrastate Air

 Quality Control Region	

Nitrogen dioxide	

February 8, 1988

	

Sulfur dioxide	

October 12, 1979

	

PM-10	

March 20, 1982



Northern Alaska Intrastate Air Quality Control 

Region	

Nitrogen dioxide	

February 8, 1988

	

Sulfur dioxide	

June 1, 1979

	

PM-10	

November 13, 1978



South Central Alaska Intrastate Air Quality Control Region	

Nitrogen dioxide	

February 8, 1988

	

Sulfur dioxide	

October 26, 1979

	

PM-10	

October 26, 1979



Southeast Alaska Intrastate Air Quality Control Region	

Nitrogen dioxide	

February 8, 1988

	

Sulfur dioxide	

November 10, 1986

	

PM-10	

The earliest date upon which the department declares complete an
application for a facility or modification that includes information
required under 18 AAC 50.306 and shows an increase in actual PM-10
emissions equal to or exceeding 15 tons per year.



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

(1)  baseline dates for determining the ambient concentration of certain
air pollutants are established for each air quality control region
listed in Table 2 in (a) of this section;

(2)  in areas designated as Class I, II, or III, increases in air
pollutant concentration over the baseline concentration shall be limited
to the concentrations in Table 3 in this subsection;

(3)  for any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location; and

(4)  the baseline concentrations and maximum allowable increases shall
be measured or predicted by a method described in 18 AAC 50.215.

	Table 3.  Maximum Allowable Increases

Classification of area in 18 AAC 50.015(c) Table 1	

Air Pollutant	

Maximum allowable increase (micrograms per cubic meter)



CLASS I	

PM-10:

Annual arithmetic mean	

24-hour maximum		

	4

	8

	

Sulfur dioxide:

Annual arithmetic mean	

24-hour maximum	

3-hour maximum		

	2

	5

	25

	

Nitrogen Dioxide:

Annual arithmetic mean		

	2.5



CLASS II	

PM-10:

Annual arithmetic mean	

24-hour maximum		

	17

	30

	

Sulfur dioxide:

Annual arithmetic mean	

24-hour maximum	

3-hour maximum		

	20

	91

	512

	

Nitrogen Dioxide:

Annual arithmetic mean		

	25



CLASS III	

PM-10:

Annual arithmetic mean	

24-hour maximum		

	34

	60

	

Sulfur dioxide:

Annual arithmetic mean	

24-hour maximum	

3-hour maximum		

	40

	182

	700

	

Nitrogen Dioxide:

Annual arithmetic mean		

	50



(c)  Repealed 10/1/2004.

(d)  Repealed 10/1/2004.



(e)  For purposes of this section, the baseline concentration of an air
pollutant is determined as follows:

(1)  for PM-10 and sulfur dioxide, the baseline concentration is the
ambient concentration of the air pollutant on the applicable baseline
date, plus the contribution from allowable emissions of a PSD major
stationary source for which construction commenced before January 6,
1975, but that was not in operation by the baseline date; however, the
baseline concentration does not include actual emissions from a PSD
major stationary source or a PSD major modification for which
construction commenced on or after January 6, 1975; and

(2)  for nitrogen dioxide, the baseline concentration is the ambient
concentration of the air pollutant on the applicable baseline date, plus
the contribution from allowable 

emissions of a PSD major stationary source for which construction
commenced before February 8, 1988, but that was not in operation by the
baseline date. 

(f)  In this section, “commence” has the meaning given in 40 C.F.R.
52.21(b), adopted by reference in 18 AAC 50.040.  (Eff. 1/18/97,
Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.010		AS 46.14.030

18 AAC 50.025.  Visibility and other special protection areas.  (a) 
Visibility special protection areas are established to prevent
impairment of visibility.   The following areas are designated
visibility special protection areas:

(1)  Mt. Deborah and the Alaska Range East, as viewed from approximately
the Savage River Campground area;

(2)  Mt. McKinley, Alaska Range, and the Interior Lowlands, as viewed
from the vicinity of Wonder Lake; and

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

(b)  A wood smoke control area is a geographic location where a
wood-burning activity has resulted in two or more discontinuous 24-hour
periods when the ambient exposures of  PM-10 solely from this activity
have reached or exceeded 150 micrograms per cubic meter of air.  The
Mendenhall Valley area of Juneau is designated a wood smoke control
area. 

  

(c)  Special protection areas for sulfur dioxide are established to
prevent the violation of the ambient air quality standard and maximum
allowable ambient concentration for sulfur dioxide.  The following areas
are designated as special protection areas for sulfur dioxide:

(1)  in the Unalaska area, the land and water areas within a 3.4-mile
radius of the intersection of 53 53' 4" N latitude and 166 32' 
11" W longitude; and

(2)  in the St. Paul Island area, the land and water areas south of UTM
Northing 6333.00 kilometers (57 8' 29" N latitude) and within 0.6
kilometers of St. Paul Island. 

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

Authority:	AS 46.03.020		AS 46.14.010		AS 46.14.030

Editor's note:  Complete descriptions of the special protection areas
designated in this section, including maps,  are provided in the state
air quality control plan adopted by reference in 

18 AAC 50.030.  

18 AAC 50.030.  State air quality control plan.  Volumes II and III of
the State Air Quality Control Plan for implementing and enforcing the
provisions of AS 46.14 and this chapter, as amended through April 27,
2004, are adopted by reference.  The plan includes the following
documents which are also adopted by reference:

(1)  the department's Alaska Air Quality Small Business Assistance
Program, April 1994;

(2)  the Code of the City and Borough of Juneau, Alaska, Chapter 36.40,
amended by the provisions of Ordinance of the City and Borough of
Juneau, Alaska, Serial No. 91-52;

(3)  the department's Air Quality Compliance Certification Procedures
for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, as
amended through December 10, 1992;

(4)  the department's Alaska Quality Assurance Manual for Ambient Air
Quality Monitoring, as amended through August 21, 1996;

(5)  Repealed 6/21/98.

(6)  Protocol for Determining the Best Performing Model,
EPA-454/R-92-025, December 1992;

(7)  Interim Procedures for Evaluating Air Quality Models (Revised), 

EPA-450/4-84-023, September 1984; 

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

(9)  the department’s Performance Audits for COMS, revised as of
January 26, 2004;

(10)  the department’s Minor Permit Application Forms, dated August
30, 2004.  (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am
9/4/98, Register 147; am 1/1/2000; Register 152; am 12/30/2000; Register
156; am 9/21/2001, Register 159; am 1/27/2002, Register 161; am
3/2/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004,
Register 169; am 6/24/2004, Register 170; am 10/1/2004, Register 171)

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

AS 46.14.020		AS 46.14.140

Editor's note:  The state air quality control plan and the other
documents adopted by reference in 18 AAC 50.030 may be reviewed at the
department's Anchorage, Fairbanks, or Juneau office and are on file with
the Office of the Lieutenant Governor.

	18 AAC 50.035.  Documents, procedures, and methods adopted by
reference.   (a)  The following documents are adopted by reference:

(1)  the department's In Situ Burning Guidelines for Alaska, revised
March 22, 2001;

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

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

(3)  the United States Environmental Protection Agency's (EPA)
publication AP-42, Compilation of Air Pollutant Emission Factors, Volume
I: Stationary Point and Area Sources, Fifth Edition with Supplements A
– E, as amended through September 1999;

(4)  Meteorological Monitoring Guidance for Regulatory Modeling
Applications, EPA -454/R-99-005, February 2000;

(5)  Ambient Monitoring Guidelines for Prevention of Significant
Deterioration (PSD), EPA-450/4-87-007, May 1987; and

(6)  the department’s Summary Prepared by the Department of
Environmental Conservation of Coastal Area Boundaries Approved by the
Coastal Policy Council (CPC) for Coastal Resource Districts Excluded
from the Portable Oil and Gas Operation Permit by Rule (18 AAC 50.390),
as revised as of November 19, 2002.

(b)  The following procedures and methods set out in 40 C.F.R., revised
as of July 1, 2003, are adopted by reference:

(1)  40 C.F.R. Part 50, Appendices A, D, F, H, J, and K;

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

(3)  40 C.F.R. Part 58, Appendix B;

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

(A)  ASTM D1946-90(1994)e1, Standard Practice for Analysis of Reformed
Gas by Gas Chromatography; and

(B)  ASTM D 240-92(1997)e2, Standard Test Method for Heat of Combustion
of Liquid Hydrocarbon Fuels by Bomb Calorimeter. 

(c)  This subsection adopts the methods and procedures listed in this
subsection for use by the department in permits for compliance
monitoring.  Nothing in this subsection is intended to limit the
department’s discretion to require in a permit issued under this
chapter compliance with the requirements of other methods or procedures
on a case by case basis.  The following methods and procedures are
adopted by reference:

(1)  ASTM D 129-00, Standard Test Method for Sulfur in Petroleum
Products (General Bomb Method), approved January 10, 2000;

(2)  ASTM D 1266-98, Standard Test Method for Sulfur Petroleum Products
(Lamp Method), approved February 10, 1998;

(3)  ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum
Products (High Temperature Method), approved August 15, 1995;

(4)  ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-Ray Fluorescence Spectometry,
approved April 10, 1998;

(5)  ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and
Petroleum Products by Energy Dispersive X-Ray Fluorescence Spectroscopy,
approved April 10, 1998;

(6)  ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and
Petroleum Products by Hydrogenolysis and Rateometric Colorimetry,
approved January 10, 1999;

(7)  ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of
Sulfur in Coal, approved March 30, 1990;

(8)  ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate
Analysis of Coal and Coke, approved September 29, 1989;

(9)  ASTM D 4749-87 (Reapproved 1994), Standard Test Method for
Performing the Sieve Analysis of Coal and Designating Coal Size,
approved November 27, 1987;

(10)  ASTM D 1140-97, Standard Test Method for Amount of Material in
Soils Finer Than the No. 200 Sieve, approved May 10, 1997;

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

(12)  ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid
Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and
Chemiluminescence Detection, approved April 10, 1996;

(13)  ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and
Petroleum Products by Boat-Inlet Chemiluminescence, approved December
10, 1998;

(14)  ASTM D 4913-89( Reapproved 1995), Standard Practice for
Determining Concentration of Hydrogen Sulfide by Direct Reading, Length
of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15)  ASTM D 4810-88 (Reapproved 1999), Standard Test Method for
Hydrogen Sulfide in Natural Gas Using Length-of-Stain Detector Tubes,
approved April 29, 1988; 

(16)  ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers
to Certify Conformance with Design and Performance Specifications,
approved February 10, 1998; 

(17)  ASTM D 4239-00 Standard Test Methods for Sulfur in the Analysis
Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion
Methods, approved April 10, 2000. (Eff. 1/18/97, Register 141; am
6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, Register
161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am
12/3/2005, Register 176)

Authority:	AS 46.03.020		AS 46.14.020		AS 46.14.140

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

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

18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks,
or Juneau office.   For information on how to obtain a copy of the EPA
publication AP-42 referred to in this section, contact EPA's InfoCHIEF
information line at (919) 541-5285.

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

18 AAC 50.035, contact the American Society for Testing and Materials
(ASTM), Publications Department, 100 Barr Harbor Drive, West
Conshohocken, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610)
832-9555.

	18 AAC 50.040.  Federal standards adopted by reference.  (a)  The
following provisions of 40 C.F.R. Part 60 (Standards of Performance for
New Stationary Sources), as revised as of July 8, 2004, are adopted by
reference as they apply to a Title V source:

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

(2)   the following subparts:

(A)  Subpart D (Standards of Performance for Fossil-Fuel-Fired Steam
Generators for Which Construction is Commenced After August 17, 1971);



(B)  Subpart Da (Standards of Performance for Electric Utility Steam
Generating Units for Which Construction is Commenced After September 18,
1978);

(C)  Subpart Db (Standards of Performance for Industrial – Commercial
- Institutional Steam Generating Units);

(D)  Subpart Dc (Standards of Performance for Small Industrial –
Commercial - Institutional Steam Generating Units);

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

(F)  Subparts Ea and Eb (Standards of Performance for Municipal Waste
Combustors);

(G)  Subpart Ec (Standards of Performance for Hospital, Medical, and
Infectious Waste Incinerators;

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

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

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

(K)  Subpart K (Standards of Performance for Storage Vessels for
Petroleum Liquids for Which Construction, Reconstruction, or
Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

(L)  Subpart Ka (Standards of Performance for Storage Vessels for
Petroleum Liquids for Which Construction, Reconstruction, or
Modification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M)  Subpart Kb (Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which
Construction, Reconstruction, or Modification Commenced After July 23,
1984);

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

(O)  Subpart N (Standards of Performance for Primary Emissions from
Basic Oxygen Process Furnaces for Which Construction is Commenced After
June 11, 1973);

(P)  Subpart Na (Standards of Performance for Secondary Emissions from
Basic Oxygen Process Steelmaking Facilities for Which Construction is
Commenced After January 20, 1983);

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

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

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

(T)  Subpart Y (Standards of Performance for Coal Preparation Plants);

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

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

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

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

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

(Z)  Subpart VV (Standards of Performance for Equipment Leaks of VOC in
the Synthetic Organic Chemicals Manufacturing Industry);

(AA)  Subpart XX (Standards of Performance for Bulk Gasoline Terminals);

(BB)  Subpart GGG (Standards of Performance for Equipment Leaks of VOC
in Petroleum Refineries);

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

(DD)  Subpart  KKK (Standards of Performance for Equipment Leaks of VOC
from Onshore Natural Gas Processing Plants);

(EE)  Subpart LLL (Standards of Performance for Onshore Natural Gas
Processing:  SO2 Emissions);

(FF)  Subpart OOO (Standards of Performance for Nonmetallic Mineral
Processing Plants);

(GG)  Subpart QQQ (Standards of Performance for VOC Emissions From
Petroleum Refinery Wastewater Systems); 

(HH)  Subpart UUU (Standards of Performance for Calciners and Dryers in
Mineral Industries); 

 



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

(JJ)  Subpart CCCC (Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units for Which Construction Is
Commenced After November 30, 1999 or for Which Modification or
Reconstruction Is Commenced on or After June 1, 2001);

(KK)  the provisions of Subpart AAA (Standards of Performance for New
Residential Wood Heaters), except that the operator of a wood stove may
demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove
in accordance with the permanent label required by 40 C.F.R. 60.536;

(3)  the provisions of Appendices A - F.

(b)  The following provisions of 40 C.F.R. Part 61 (National Emission
Standards for Hazardous Air Pollutants), as revised as of July 1, 2004,
are adopted by reference as they apply to a Title V source:

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

 (2)  the following subparts:

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

(B)  Subpart J (National Emission Standard for Equipment Leaks (Fugitive
Emission Sources) of Benzene);

(C)  Subpart V (National Emission Standard for Equipment Leaks (Fugitive
Emission Sources));

(D)  Subpart Y (National Emission Standard for Benzene Emissions from
Benzene Storage Vessels); and

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

(F)  the Standard for Demolition and Renovation under 40 C.F.R. 61.145
and, as they apply to activities subject to 40 C.F.R. 61.145, 40 C.F.R.
61.141, 40 C.F.R. 61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, and
Appendix A to Subpart M (Interpretive Rule Governing Roof Removal
Operations);

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

(4)  Appendices A, B, and C.



(c)  The following provisions of 40 C.F.R. Part 63 (National Emission
Standards for Hazardous Air Pollutants for Source Categories), as
revised as of November 12, 2004, are adopted by reference as they apply
to a Title V source:

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

(2)  Subpart B (Requirements for Control Technology Determinations for
Major Sources in Accordance with Clean Air Act Sections, Sections 112(g)
and 112(j)), except that 

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

(B)  the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R.
63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous
air pollutant major source that includes one or more sources from a
category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean
Air Act, sec. 112(c)(1)) for which the EPA administrator has failed to
promulgate an emission standard within 18 months after the deadline
established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec.
112(e));

(3)  Subpart D (Regulations Governing Compliance Extensions for Early
Reductions of Hazardous Air Pollutants);

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

(5)  Subpart N (Chromium Electroplating and Anodizing);

(6)  Subpart Q (Industrial Process Cooling Towers);

(7)  Subpart R (Gasoline Distribution Facilities:  Bulk Gasoline
Terminals and Pipeline Breakout Stations);

(8)  Subpart T (Halogenated Solvent Cleaning);

(9)  Subpart Y (Marine Tank Vessel Loading Operations);

(10)  Subpart CC (Petroleum Refineries);

(11)  Subpart DD (Off-Site Waste and Recovery Operations);

(12)  Subpart GG (Aerospace Manufacturing and Rework Facilities);

(13)  Subpart HH (Oil and Natural Gas Production Facilities;

(14)  Subpart II (Shipbuilding and Ship Repair);

(15)  Subpart JJ (Wood Furniture Manufacturing); 

(16)  Subpart KK (Printing and Publishing Industry);

(17)  Subpart HHH (Natural Gas Transmission and Storage Facilities);

(18)  Subpart LLL (Portland Cement Plants); 

(19)  Subpart UUU (Petroleum Refineries:  Catalytic Cracking Units,
Catalytic Reforming Units, and Sulfur Recovery Units)

(20)  Subpart AAAA (Municipal Solid Waste Landfills);

(21)  Subpart EEEE (Organic Liquids Distribution (Non-Gasoline));

(22)  Subpart YYYY (Stationary Combustion Turbines);

(23)  Subpart ZZZZ (Stationary Reciprocating Internal Combustion
Engines);

(24)  Subpart DDDDD (Industrial, Commercial, and Institutional Boilers
and 

Process Heaters);

(25)  Subpart GGGGG (Site Remediation);

(26)  Subpart PPPPP (Engine Test Cells, Stands);

(27)  Appendix A (Test Methods);

(28)  Appendix B (Sources Defined for Early Reduction Provisions).

(d)  The provisions of 40 C.F.R. Part 82, revised as of July 1, 2004,
are adopted by reference to the extent that they apply to a Title V
source.  

(e)  The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.96, as revised
as of July 1, 2004, as they apply to a Title V source and for purposes
of a Title V permit, are adopted by reference.  

(f)  The provisions of  40 C.F.R. Part 51, Appendix W (Guideline on Air
Quality Models (Revised)), revised as of July 1, 2004, are adopted by
reference.

(g)  The following provisions of 40 C.F.R. Part 62 (Approval and
Promulgation of State Plans for Designated Facilities and Pollutants),
revised as of July 1, 2004, are adopted by reference:

(1)  Subpart FFF (Federal Plan Requirements for Large Municipal Waste
Combustors Constructed on or Before September 20, 1994);

(2)  Subpart GGG (Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction Prior to May 30, 1991, and Have
Not Been Modified or Reconstructed Since May 30, 1991);

(3)  Subpart HHH (Federal Plan Requirements for
Hospital/Medical/Infectious Waste Incinerators Constructed on or Before
June 20, 1996);

(4)  Subpart III (Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units that Commenced Construction on
or Before November 30, 1999);

(5)  Subpart JJJ (Federal Plan Requirements for Small Municipal Waste
Combustion Units Constructed on or Before August 30, 1999).

(h)  The following provisions of 40 C.F.R. 51.166 and 40 C.F.R. 52.21
(Prevention of Significant Deterioration of Air Quality), as revised as
of July 1, 2004, are adopted by reference:

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

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

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

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

(A)  the following provisions are not adopted, and the terms defined in
those provisions have the meanings given in AS 46.14.990 and 18 AAC
50.990:

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

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

(B)  the following provisions are not adopted, and the terms defined in
those provisions have the meanings give in AS 46.14.990:

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

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

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

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

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

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

(C)  the following provisions are not adopted, and the terms defined in
those provisions have the meanings given in 18 AAC 50.990;

(i)  40 C.F.R. 52.21(b)(50) (“regulated NSR pollutant”);

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

(5)  40 C.F.R. 52.21(d) (Ambient Air Ceilings);

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

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

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

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

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

(11)  40 C.F.R. 52.21(m) (Air Quality Analysis);

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

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

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

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

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

(17)  40 C.F.R. 52.21(x) (Clean Unit Test for Emissions Units That Are
Subject to BACT or LAER);

(18)  40 C.F.R. 52.21(y) (Clean Unit Provisions for Emissions Units That
Achieve an Emission Limitation Comparable to BACT);

(19)  40 C.F.R. 52.21(z) (PCP Exclusion Procedural Requirements);

(20)  40 C.F.R. 52.21(aa) (Actuals PALs).

(i)  From the following provisions of 40 C.F.R. 51.165 (Permit
Requirements), as revised as of July 1, 2004, text setting out
provisions that a state implementation plan shall or may contain is
adopted by reference as follows:



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

(A)  the following provisions are not adopted, and the terms defined in
those provisions have the meanings given in AS 46.14.990:

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

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

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

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

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

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

(B)  the following provisions are not adopted, and the terms defined in
those provisions have the meaning given in 18 AAC 50.990:

(i)  40 C.F.R. 51.165(a)(1)(xxxvii) (“regulated NSR pollutant”);

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

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

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

(4)  40 C.F.R. 51.165(a)(4) (Fugitive Emissions);

(5)  40 C.F.R. 51.165(a)(5) (Source Obligations);

(6)  40 C.F.R. 51.165(a)(6) (Projected Actual Emissions);

(7)  40 C.F.R. 51.165(c) (Clean Unit Test for Emissions Units That Are
Subject to LAER);

(8)  40 C.F.R. 51.165(d) (Clean Unit Provisions for Emissions Units That
Achieve an Emission Limitation Comparable to LAER);

(9)  40 C.F.R. 51.165(e)  (PCP Exclusion Procedural Requirements);

(10)  40 C.F.R. 51.165(f) (Actuals PALs).



(j)  The following provisions of 40 C.F.R. Part 71 (Operating Permits),
as revised as of July 1, 2004, are adopted by reference, except as
provided in 18 AAC 50.326:

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

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

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

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

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

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

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

(8)  40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record,
Public Participation, and Administrative Review).  (Eff. 1/18/97,
Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am
7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002,
Register 163; am 10/1/2004, Register 171; am 12/3/2005, Register 176)

Authority:	AS 46.03.020		AS 46.14.020		AS 46.14.030

AS 46.14.010		

Editor's note:  The federal standards adopted by reference in 18 AAC
50.040 may be reviewed at the department's Anchorage, Fairbanks, or
Juneau office.

The owner or operator of an affected facility subject to a federal
emission standard that is not at a stationary source subject to a Title
V permit should contact the United States Environmental Protection
Agency.

18 AAC 50.045.  Prohibitions.  (a)  A person may not dilute emissions
with air to comply with this chapter, except that dilution air may be
used at a sulfur recovery plant with a maximum production rate of 20
long tons per day or less to comply with the 500 ppm sulfur dioxide
requirement of 18 AAC 50.055(c).

(b)  A person who owns or operates a stationary source that emits an air
pollutant subject to this chapter shall ensure that the stationary
source complies with this chapter and any other applicable local, state,
or federal law.

(c)  A person may not construct, operate, or modify a stationary source
that will result in a violation of the applicable emission standards or
that will interfere with the attainment or maintenance of ambient air
quality standards.  



(d)  A person who causes or permits bulk materials to be handled,
transported, or stored, or who engages in an industrial activity or
construction project shall take reasonable precautions to prevent
particulate matter from being emitted into the ambient air. 

(e)  Dispersion techniques may not be used to comply with this chapter,
except for compliance with 18 AAC 50.110.

 	(f)  Subject to (g) of this section, as used in this section,
"dispersion technique" means a technique that attempts to reduce the
concentration of an air pollutant in the ambient air by

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

(2)  varying the emissions rate of an air pollutant according to
atmospheric conditions or ambient concentrations of that air pollutant;
or

(3)  increasing exhaust gas plume rise by 

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

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

(C)  other selective handling of exhaust gas streams.

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

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

(2)  combining the exhaust gases from several stacks into one stack if
the stationary source was originally designed and constructed with
combined exhaust streams;

 (3)  combining the exhaust gases from several stacks into one stack, if
done when an emission control system is installed and results in a net
reduction in the allowable emissions of the controlled air pollutant; or

(4)  any technique that increases the exhaust gas plume rise if the
allowable emissions of sulfur dioxide from the stationary source are
less than 5,000 tons per year.  (Eff. 1/18/97, Register 141; am
10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.020		AS 46.14.030

AS 46.14.010		



18 AAC 50.050.  Incinerator emission standards.  (a)  Visibility through
the exhaust effluent of an incinerator, including an air curtain
incinerator, may not be reduced by visible emissions, excluding
condensed water vapor, by more than 20 percent averaged over any six
consecutive minutes.

(b)  Particulate matter emissions from an incinerator may not exceed the
particulate matter standard listed for that incinerator in Table 4 in
this subsection.



	Table 4.  Particulate Matter  Standards for Incinerators

Incinerator	

Particulate Matter Standard





Rated capacity less than 1000 pounds per hour	

No limit



Rated capacity greater than or equal to 1000 but less than 2000 pounds
per hour	

0.15 grains per cubic foot of exhaust gas corrected to 12 percent CO2
and standard conditions, averaged over three hours

Rated capacity greater than or equal to 2000 pounds per hour	

0.08 grains per cubic foot of exhaust gas corrected to 12 percent CO2
and standard conditions, averaged over three hours



An incinerator that burns waste containing more than 10 percent
wastewater treatment plant sludge by dry weight from a municipal
wastewater treatment plant that serves 10,000 or more persons 

	

0.65 grams per kilogram of dry sludge input

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

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

AS 46.14.010		AS 46.14.030

18 AAC 50.052.  Emission standards for certain municipal solid waste
landfills.  Repealed.  (Eff. 6/21/98, Register 146; repealed 10/1/2004,
Register 171)

18 AAC 50.055.  Industrial processes and fuel-burning equipment.  (a) 
Visible emissions, excluding condensed water vapor, from an industrial
process or fuel-burning equipment may not reduce visibility through the
exhaust effluent by

(1)  more than 20 percent averaged over any six consecutive minutes,
except as provided in (2) - (9) of this subsection;

(2)  more than 30 percent averaged over any six consecutive minutes for
fuel-burning equipment in operation before November 1, 1982, and using
more than 20 percent woodwaste as fuel;

(3)  more than 55 percent for a urea prilling tower in operation before
July 1, 1972, averaged over any six consecutive minutes, nor more than
40 percent, based on a daily 24-hour average of five-second
measurements by continuous opacity monitoring instrumentation approved
by the department and that conforms to Performance Specification Number
1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC
50.040;

(4)  20 percent or greater averaged over any six consecutive minutes for
an asphalt plant constructed or modified after June 11, 1973;

(5)  20 percent or greater averaged over any six consecutive minutes for
process emissions, other than from a pneumatic cleaner, at a coal
preparation plant constructed or modified after November 1, 1982;

(6)  10 percent or greater averaged over any six consecutive minutes for
a pneumatic cleaner constructed or modified at a coal preparation plant
after November 1, 1982;

(7)  10 percent or greater averaged over any six consecutive minutes for
process emissions, other than from a kiln, at a portland cement plant
constructed or modified after November 1, 1982; 

(8)  20 percent or greater averaged over any six consecutive minutes for
a kiln constructed or modified at a portland cement plant after November
1, 1982; and

(9) more than 20 percent for more than three minutes in any one hour,
except for an additional three minutes in any one hour for a coal
burning boiler that began operation before August 17, 1971, if

(A) the visible emissions are caused by startup, shutdown, soot-blowing,
grate cleaning, or other routine maintenance activities specified in an
operating permit issued under this chapter;

(B) the owner or operator of the boiler monitors visible emissions by
continuous opacity monitoring instrumentation that

(i)  conforms to Performance Specification 1 in 40 C.F.R. Part 60,
Appendix B, adopted by reference in 18 AAC 50.040; and

(ii)  completes one cycle of sampling and analyzing for each successive
15-second period;

(C)  the owner or operator of the boiler provides the department with a
demonstration that the particulate matter emissions from the boiler
allowed by this opacity limit will not cause or contribute to a
violation of the ambient air quality standards for PM-10 in 18 AAC
50.010, or to cause the maximum allowable increases for PM-10 in 18 AAC
50.020 to be exceeded; and

(D)  the federal administrator approves a facility-specific revision to
the state implementation plan, required under 42 U.S.C. 7410,
authorizing the application of this opacity limit instead of the opacity
limit otherwise applicable under this section.

(b)  Particulate matter emitted from an industrial process or
fuel-burning equipment may not exceed, per cubic foot of exhaust gas
corrected to standard conditions and averaged over three hours,

(1)  0.05 grains, except as provided in (2) - (6) of this subsection,
(d) - (f) of this section, and 18 AAC 50.060;

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

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

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

(C)  municipal wastes;

(3)  0.1 grains for an industrial process in operation before July 1,
1972, except as provided in (6) of this subsection;

(4)  0.15 grains for fuel-burning equipment in operation before November
1, 1982, and using more than 20 percent woodwaste as fuel; 

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

(6)  0.04 grains for a urea prilling tower.  

(c)  Sulfur-compound emissions, expressed as sulfur dioxide, from an
industrial process or from fuel-burning equipment may not exceed 500 ppm
averaged over a period of three hours, except as provided in (d) - (f)
of this section and 18 AAC 50.060.

(d)  At a petroleum refinery, emissions from the following sources,
constructed or modified after November 1, 1982, may not exceed the
following:

(1)  for a catalytic cracking unit catalyst regenerator

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

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

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

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

(A)  250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or

(B)  10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur
compounds, expressed as sulfur dioxide, at zero percent oxygen on a dry
basis, if the air pollutants are not oxidized before release to the
atmosphere; and

(3)  for fuel-burning equipment, a sulfur dioxide concentration,
averaged over three hours, equal to whichever of the following is
applicable:

(A)  for equipment burning only fuel gas, the concentration of
uncontrolled emissions that would result from burning fuel gas
containing 230 milligrams hydrogen sulfide per dry standard cubic meter;

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

(C)  for fuel-burning equipment that burns a combination of fuel gas and
other fuels, a concentration based on the allowable emissions in (A) and
(B) of this paragraph, prorated by the proportion of fuel gas and other
fuels to the total fuel burned in the equipment.

(e)  At a coal preparation plant, emissions from the following sources,
if constructed or modified after November 1, 1982, may not exceed the
following:

(1)  for a thermal drying unit, 70 milligrams of particulate matter per
cubic meter of exhaust gas at standard conditions; and

(2)  for a pneumatic coal-cleaning unit, 40 milligrams of particulate
matter per cubic meter of exhaust gas at standard conditions.

(f)  At a portland cement plant, emissions from the following sources,
if constructed or modified after November 1, 1982, may not exceed the
following:

(1)  for a clinker cooler, 0.050 kilograms of particulate matter per
1,000 kilograms of feed on a dry basis to the kiln; and

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

(g)  Release of materials other than process emissions, products of
combustion, or materials introduced to control pollutant emissions from
a stack at a stationary source constructed or modified after November 1,
1982, is prohibited, except as authorized by a construction permit,
Title V permit, or air quality control permit issued before October 1,
2004.  (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am
11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register
171)

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

AS 46.14.010		AS 46.14.030



	18 AAC 50.060.  Pulp mills.  Average emissions per ton of air dried
pulp produced from a sulfite pulp mill may not exceed, in any 24-hour
period,

(1)  20 pounds of sulfur oxides (expressed as sulfur dioxide) from blow
pits, washer vents, storage tanks, digester relief systems, and recovery
systems; and

(2)  two pounds of particulate matter from blow pits, washer vents,
storage tanks, digester relief systems, and recovery systems.  (Eff.
1/18/97, Register 141)

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

AS 46.14.010		AS 46.14.030

18 AAC 50.065.  Open burning.  (a)  General Requirements.  Except when
conducting open burning under (g), (h), or (i) of this section, a person
conducting open burning shall comply with the limitations of (b) - (f)
of this section and shall ensure that

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

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

(3)  natural or artificially induced draft is present; 

(4)  to the greatest extent practicable, combustibles are separated from
grass or peat layer; and 

(5)  combustibles are not allowed to smolder.

(b)  Black Smoke Prohibited.  Except for firefighter training conducted
under (h) or (i) of this section, open burning of asphalts, rubber
products, plastics, tars, oils, oily wastes, contaminated oil cleanup
materials, or other materials in a way that gives off black smoke is
prohibited without written department approval.  Department approval of
open burning as an oil spill response countermeasure is subject to the
department's In Situ Burning Guidelines for Alaska, adopted by reference
in 18 AAC 50.035.  Open burning approved under this subsection is
subject to the following limitations:

(1)  open burning of liquid hydrocarbons produced during oil or gas well
flow tests may occur only when there are no practical means available to
recycle, reuse, or dispose of the fluids in a more environmentally
acceptable manner; 

(2)  the person who conducts open burning shall establish reasonable
procedures to minimize adverse environmental effects and limit the
amount of smoke generated; and



(3)  the department will, in its discretion, as a condition of approval
issued under this subsection, require public notice as described in (j)
of this section.

(c)  Toxic and Acid Gases and Particulate Matter Prohibited.  Open
burning or incineration of pesticides, halogenated organic compounds,
cyanic compounds, or polyurethane products in a way that gives off toxic
or acidic gases or particulate matter is prohibited.

(d)  Adverse Effects Prohibited.  Open burning of putrescible garbage,
animal carcasses, or petroleum-based materials, including materials
contaminated with petroleum or petroleum derivatives, is prohibited if
it causes odor or black smoke that has an adverse effect on nearby
persons or property.

(e)  Air Quality Advisory.  Open burning is prohibited in an area if the
department declares an air quality advisory under 18 AAC 50.245, stating
that burning is not permitted in that area for that day.  This advisory
will be based on a determination that there is or is likely to be
inadequate air ventilation to maintain the standards set by 18 AAC
50.010.  The department will make reasonable efforts to ensure that the
advisory is broadcast on local radio or television.

(f)  Wood Smoke Control Areas.  Open burning is prohibited between
November 1 and March 31 in a wood smoke control area identified in 18
AAC 50.025(b).  

(g)  Controlled Burning.  Controlled burning to manage forest land,
vegetative cover, fisheries, or wildlife habitat, other than burning to
combat a natural wildfire, requires written department approval if the
area to be burned exceeds 40 acres yearly.  The department will, in its
discretion, require public notice as described in (j) of this section.

(h)  Firefighter Training: Structures.  A fire service may open burn
structures for firefighter training without ensuring maximum combustion
efficiency under the following circumstances:

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

(A)  obtain department approval for the location of the proposed
firefighter training; approval will be based on whether the proposed
open burning is likely to adversely affect public health in the
neighborhood of the structure;

(B)  visually identify materials in the structure that might contain
asbestos, test those materials for asbestos, and remove all materials
that contain asbestos;

(C)  ensure that the structure does not contain

(i)  putrescible garbage;

(ii)  electrical batteries;

(iii)  stored chemicals such as fertilizers, pesticides, paints, glues,
sealers, tars, solvents, household cleaners, or photographic reagents;

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

(v)  hazardous waste;

(vi)  lead piping;

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

(viii)  urethane or another plastic foam insulation; 

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

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

(2)  the fire service shall ignite and conduct training on only one main
structure and any number of associated smaller structures at a time;
examples of associated smaller structures are garages, sheds, and other
outbuildings; and

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

(i)  Firefighter Training: Fuel Burning.  Unless a greater quantity is
approved by the department, a fire service may open burn up to 250
gallons of uncontaminated fuel daily and up to 600 gallons yearly for
firefighter training without ensuring maximum combustion efficiency.  
To conduct this training without prior written department approval, the
fire service shall

(1)  provide public notice consistent with (j) of this section before
burning more than 20 gallons of uncontaminated fuel, unless waived in
writing by the department; and

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

(j)  Public Notice.  A person required to provide public notice of open
burning shall issue the notice through local news media or by other
appropriate means if the area of the open burning does not have local
news media.  The public notice must be issued as directed by the
department and must 

(1)  state the name of the person conducting the burn;

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

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

(4)  for a surprise fire drill, state 

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

(B)  the beginning and ending dates of the period during which a
surprise fire drill may be conducted (this period may not exceed 30
days); and

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

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

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

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

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

(B)  a short summary of each complaint; and

(C)  any action the person conducting the open burning took to respond
to each complaint; and

(3)  upon request, provide the department with a copy of the records
kept under (2) of this subsection.  (Eff. 1/18/97, Register 141)

Authority:	AS 46.03.020		AS 46.14.010		AS 46.14.030

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

18 AAC 50.070.  Marine vessel visible emission standards.  Within three
miles of the Alaska coastline, visible emissions, excluding condensed
water vapor, may not reduce visibility through the exhaust effluent of a
marine vessel by more than 20 percent except as follows:

(1)  while at berth or at anchor, visibility may be reduced by up to 100
percent for periods aggregating no more than

(A)  three minutes in any one hour; and

(B)  an additional three minutes during initial startup of a vessel; for
purposes of this subparagraph, "initial startup" includes the period
during which a vessel is testing equipment in preparation to casting off
or weighing anchor;

(2)  during the hour immediately after weighing anchor or casting off,
visibility may be reduced under one, but not both, of the following
options:

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

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

(3)  during the hour immediately before the completion of all maneuvers
to anchor or make fast to the shore, visibility may be reduced under
one, but not both, of the following options:

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

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

(4)  at any time not covered by (1) - (3) of this section, visibility
may be reduced by up to 100 percent for periods aggregating no more than
three minutes in any one hour. 

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

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

AS 46.14.010	

	18 AAC 50.075.  Wood-fired heating device visible emission standards. 
(a)  A person may not operate a wood-fired heating device in a manner
that causes

(1)  black smoke; or

(2)  visible emissions that exceed 50 percent opacity for more than 15
minutes in any one hour in an area for which an air quality advisory is
in effect under 18 AAC 50.245.

(b)  A person may not operate a wood-fired heating device in an area for
which the department has declared an air quality episode under 18 AAC
50.245.

(c)  In the Mendenhall Valley wood smoke control area identified in 18
AAC 50.025(b), a person may not violate or cause a violation of a
provision of the Code of the City and Borough of Juneau, Alaska, Chapter
36.40, as amended by the provisions of the Ordinance of the City and
Borough of Juneau, Alaska, Serial No. 91-52, adopted by reference in 18
AAC 50.030.   

(Eff. 1/18/97, Register 141)

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

AS 46.14.010		AS 46.14.030



18 AAC 50.080.  Ice fog standards.  The department will, in its
discretion, require a person who proposes to build or operate an
industrial process, fuel-burning equipment, or incinerator in an area of
potential ice fog to obtain a permit and to reduce water emissions.  

(Eff. 1/18/97, Register 141)

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

AS 46.14.010		

	18 AAC 50.085.  Volatile liquid storage tank emission standards.  (a) 
The owner, operator, or permittee of a volatile liquid storage tank
located in the Port of Anchorage that has a volume of 9,000 barrels
(378,000 gallons) or more shall reduce organic vapors emitted to the
atmosphere by using

(1)  an internal floating roof installed before June 1, 1992;

(2)  an internal floating roof that meets the specifications of 40
C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040;

(3)  a closed vent system and control device that collects and reduces
organic vapors emitted to the atmosphere by at least 95 percent
(six-hour average), as specified in the department's Air Quality
Compliance Certification Procedures for Volatile Liquid Storage Tanks,
Delivery Tanks, and Loading Racks, adopted by reference in 18 AAC
50.030; or

(4)  a system that the department determines is as effective as those
described in (2) or (3) of this subsection, using procedures in the
document referred to in (3) of this subsection.

(b)  The owner, operator, or permittee of a volatile liquid storage tank
with an internal floating roof described in (a)(1) of this section shall
reduce organic vapors emitted to the atmosphere by modifying the seals
and fittings to meet the specifications of 40 C.F.R. 60.112b(a)(1),
adopted by reference in 18 AAC 50.040, no later than the first time
after June 1, 1995 that the tank is emptied and degassed.

(c)  The owner, operator, or permittee of a volatile liquid storage tank
that is located in the Port of Anchorage, that has a volume equal to or
greater than 952 barrels (40,000 gallons) but less than 9,000 barrels
(378,000 gallons), and that is not equipped with a control device
described in (a)(1) - (4) of this section, shall, no later than the
first time on or after June 1, 1995 that the tank is emptied and
degassed, reduce organic vapors emitted to the atmosphere by installing
conservation vents on the tank as specified in the document referred to
in (a)(3) of this section.

(d)  When conducting source testing, the department will, and the owner,
operator, or permittee shall, use the procedures specified in the
document referred to in (a)(3) of this section to determine compliance
with this section.  In accordance with those procedures, the owner,
operator, or permittee of a volatile liquid storage tank subject to this
section shall

(1)  periodically inspect air pollution control equipment;

(2)  repair any deficiencies detected; 

(3)  report to the department the results of all inspections and
repairs; and 

(4)  keep records of those inspections and repairs for at least five
years.  

(Eff. 1/18/97, Register 141)

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

AS 46.14.010		AS 46.14.030

Editor's note:  A complete description of the Port of Anchorage is in
the state air quality control plan adopted by reference in 18 AAC
50.030.

18 AAC 50.090.  Volatile liquid loading racks and delivery tank emission
standards.  (a)  The owner, operator, or permittee of a stationary
source that is located in the Port of Anchorage and that has a volatile
liquid loading rack with a design throughput of 15 million gallons
(357,143 barrels) or more per year shall reduce organic vapors emitted
to the atmosphere by

(1)  operating a vapor collection system and liquid product loading
equipment that

(A)  loads volatile liquid through the bottom of the delivery tank or
through a submerged loading arm that extends to within six inches of the
bottom of the delivery tank;

(B)  collects all organic vapors displaced during the loading of
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;

(2)  preventing the loading of liquid product into any vapor-laden
delivery tank unless the tank

(A)  is connected to a vapor collection system that meets the
requirements of (1) of this subsection; and

(B)  has been certified vapor-tight under (b) of this section within the
preceding 12 months; and

(3)  preventing leaks in the vapor collection system or liquid loading
equipment that result in the release of a volatile liquid organic or a
volatile organic vapor in a concentration exceeding 10,000 ppm by
volume, measured as methane.

(b)  In accordance with 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, the
owner or operator of a delivery tank that is to be loaded with volatile
liquid at a loading rack described in (a) of this section shall

(1)  perform annual tests to certify that the delivery tank is
vapor-tight;

(2)  mark the delivery tank with the month and year that the tank was
last certified vapor-tight according to the test required under (1) of
this subsection;

(3)  provide the owner, operator, or permittee of the loading rack with
a copy of the most recent test results under (1) of this subsection; and

(4)  keep a copy of the most recent test results with the delivery tank.


(c)  When conducting source testing, the department will, and the owner,
operator, or permittee shall, use the procedures specified in the
department's Air Quality Compliance Certification Procedures for
Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks,
adopted by reference in 18 AAC 50.030, to determine compliance with this
section.   In accordance with those procedures, the owner, operator, or
permittee  shall 

(1)  periodically inspect air pollution control equipment;

(2)  repair any deficiencies detected; 

(3)  report to the department the results of all inspections and
repairs; and 

(4)  keep records of all inspections and repairs for at least five
years.

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

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

AS 46.14.010		AS 46.14.030 

Editor's note:  A complete description of the Port of Anchorage is in
the state air quality control plan adopted by reference in 18 AAC
50.030.

18 AAC 50.100.  Nonroad engines  The actual and potential emissions of
nonroad engines are not included when determining the classification of
a stationary source or modification under AS 46.14.130.  Nothing in this
section exempts nonroad engines from compliance with other applicable
air pollution control requirements.  (Eff. 1/18/97, Register 141; am
10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.010		AS 46.14.030

AS 46.14.020		 

	18 AAC 50.110.  Air pollution prohibited.  No person may permit any
emission which is injurious to human health or welfare, animal or plant
life, or property, or which would unreasonably interfere with the
enjoyment of life or property.   (Eff. 5/26/72, Register 42)

Authority:	AS 46.03.020		AS 46.03.710

Article 2.  Program Administration.

Section 

200.  Information requests

201.  Ambient air quality investigation

205.  Certification

210.  (Repealed)

215.  Ambient air quality analysis methods

220.  Enforceable test methods

225.  Owner-requested limits

230.  Preapproved limits

235.  Unavoidable emergencies and malfunctions

240.  Excess emissions

245.  Air episodes and advisories

250.  Procedures and criteria for revising air quality classifications

	18 AAC 50.200.  Information requests.  If requested by the department
to determine compliance with AS 46.03, AS 46.14, and this chapter, the
owner, operator, or permittee of a stationary source shall maintain
records of, and report to the department information on, the nature and
amount of emissions from the stationary source and other information
designated by the department.  (Eff. 1/18/97, Register 141; am
10/1/2004, Register 171)

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

AS 46.14.020		

18 AAC 50.201. Ambient air quality investigation.  (a) Upon a finding by
the department that emissions from an existing stationary source have a
reasonable likelihood of causing or significantly contributing to
ambient concentrations of one or more air pollutants that exceed an
ambient air quality standard, maximum allowable increase, or the
limitations of 

18 AAC 50.110, the department may require the owner, operator, or
permittee to evaluate the effect of the stationary source’s emissions
of those air pollutants on ambient air or on the limitations of 18 AAC
50.110 that are at issue.  An evaluation submitted under 18 AAC 50.306, 

18 AAC 50.540, this section, or prior equivalent regulations, and deemed
complete by the department, must satisfy the evaluation requirements of
this section, and any prior analysis must accurately represent the
stationary source’s emissions.

(b)  Based on an evaluation submitted under (a) of this section or other
information in the department's possession and subject to AS
46.14.010(e), the department may require an existing stationary source
to reduce emissions or implement another control strategy to reduce the
ambient impact of those emissions as necessary to ensure that the
concentration of air pollutants in the ambient air does not exceed the
ambient air quality standards, maximum allowable increases, or the
limitations of 18 AAC 50.110.  A reduction or control strategy may be
imposed as a source-specific permit condition or as a regulation. 
Before imposing a reduction or control strategy, the department will
consult with the affected owner, operator, or permittee and provide the
affected public an opportunity for comment and hearing.  To the extent
practicable, given the costs of determining an equitable allocation, any
emission reduction or control strategy imposed under this section will
be equitably allocated among stationary, mobile, and area sources and
source categories based upon their relative contribution to the ambient
impacts of concern, the cost of additional controls, and other equitable
factors.

(c)  When determining whether to impose a reduction or control strategy
under (b) of this section, the department will consider the
uncertainties of ambient air quality analysis, the costs and benefits of
resolving the uncertainties, the nature of the ambient impact area, and
the proximity and magnitude of adjacent impacts.

(d)  The provisions of this section do not apply if the area affected by
the emissions of an air pollutant is designated nonattainment for that
air pollutant under 18 AAC 50.015.

(e)  The provisions of this section do not limit the department’s
ability to require or conduct ambient air quality analysis or control
under the construction permit program established under AS 46.14.120 and
this chapter.  (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) 

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

AS 46.14.020		AS 46.14.120

18 AAC 50.205.  Certification.  (a)  Any permit application, report,
affirmation, or compliance certification required by the department
under a permit program established under 

AS 46.14 or this chapter must include the signature of a responsible
official for the permitted stationary source following the statement: 
"Based on information and belief formed after reasonable inquiry, I
certify that the statements and information in and attached to this
document are true, accurate, and complete." 

(b)  The department may accept an electronic signature on an electronic
application or other electronic record required by the department under
a permit program established under 

AS 46.14 or this chapter if

(1)  a certifying authority registered under AS 09.25.510 verifies that
the electronic signature is authentic; and

(2)  the person providing the electronic signature has made an
agreement, with the certifying authority described in (1) of this
subsection, that the person accepts or agrees to be bound by an
electronic record executed or adopted with that signature.  (Eff.
1/18/97, Register 141; am 10/1/2004, Register 171)

Authority:	AS 09.25.510		AS 46.14.020		AS 46.14.140

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

18 AAC 50.210.  Potential to emit.  Repealed. (Eff.  1/18/97, Register
141; repealed 10/1/2004, Register 171) 



  

18 AAC 50.215.  Ambient air quality analysis methods.  (a)  A person who
submits ambient air monitoring data under AS 46.03, AS 46.14, or this
chapter shall obtain the data in accordance with

(1)  the department's Alaska Quality Assurance Manual For Ambient Air
Quality Monitoring, adopted by reference in 18 AAC 50.030, for PM-10,
total suspended particulates (TSP), lead, carbon monoxide, nitrogen
dioxide, sulfur dioxide, and ammonia;

(2)  a reference method or an equivalent method described in 40
C.F.R Part 50, adopted by reference in 18 AAC 50.035, for ozone; or

(3)  an alternative method that is representative, accurate, verifiable,
capable of replication, and approved by the department.

(b)  Except as provided in (c) of this section, a person who submits an
analysis performed to predict ambient air quality conditions shall 

(1)  ensure that estimates of ambient concentrations and impairment to
visibility are based on applicable air quality models, databases, and
other requirements specified in the EPA's Guideline on Air Quality
Models (Revised), adopted by reference in 18 AAC 50.030; and

(2)  for comparing predicted or measured ambient concentrations of an
air pollutant to a maximum allowable increase established under 18 AAC
50.020(b)(2), exclude

(A)  concentrations attributable to a temporary construction activity
for a new or modified source; and

(B)  the increase in concentrations attributable to new sources outside
the United States over the concentrations attributable to existing
sources included in the baseline concentration.

(c)  A person may substitute or modify an air quality model referenced
in (b) of this section only after

(1)  obtaining approval from the department for a protocol to be used in
performing the analysis required by (2) of this subsection;

(2)  undertaking and submitting a comparative analysis of the air
quality models using the approved protocol, which must be fashioned
after those outlined in the EPA's Workbook for Comparison of Air Quality
Models and Interim Procedures for Evaluating Air Quality Models
(Revised), adopted by reference in 18 AAC 50.030; and

(3)  obtaining approval from the federal administrator and the
commissioner for the substitution or modification if an ambient air
quality analysis is required by 18 AAC 50.306.  

(d)  Table 5 establishes the significant impact level, expressed as
micrograms per cubic meter, for each pollutant and averaging time.  If
the ambient impacts from emissions from a stationary source or
modification are less than the concentrations in Table 5, the emissions
are not considered to cause or contribute to a violation of an ambient
air quality standard or maximum allowable increase for a Class II area.

Table 5.  Significant Impact Levels (SILs)

	

Annual	

Averaging time (hours)





24	

8	

3	

1

Pollutant

Sulfur dioxide……

PM-10……...

Nitrogen dioxide….

Carbon monoxide…	

(g/m3 

1.0 (g/m3

1.0 (g/m3

………..	

5 (g/m3

5 (g/m3

………..

………..	

………..

………..

………..

500 (g/m3	

25 (g/m3

………..

………..

………..	

………..

………..

………..

2000 (g/m3



(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.140		Sec. 30, ch. 74, SLA 1993

AS 46.14.030		AS 46.14.180

	18 AAC 50.220.  Enforceable test methods.  (a)  The department may
require an owner, operator, or permittee to conduct air pollutant
emission tests to determine compliance with 

AS 46.14 and this chapter.  If an applicable emission standard, permit
provision, or other requirement specifies a time period within which
testing must be completed, the owner, operator, or permittee shall
conduct the testing within the specified period regardless of whether
the department explicitly calls for testing under this subsection.

(b)  Unless otherwise specified by an applicable requirement or test
method, an air pollutant emission test must be performed

(1)  at a point or points that characterize the actual discharge into
the ambient air; and

(2)  at the maximum rated burning or operating capacity of the emission
unit or another rate determined by the department to characterize the
actual discharge into the ambient air.



(c)  Reference test methods to be used by the owner, operator, or
permittee for an applicable requirement of AS 46.14 or this chapter are
as follows:

(1)  except as provided in (2) of this subsection,

(A)  source testing for compliance with requirements adopted by
reference in 18 AAC 50.040(a) must be conducted in accordance with the
source test methods and procedures specified in 40 C.F.R. Part 60,
adopted by reference in 18 AAC 50.040(a);

(B)  source testing for compliance with requirements adopted by
reference in 18 AAC 50.040(b) must be conducted in accordance with the
source test methods and procedures specified in 40 C.F.R. Part 61,
adopted by reference in 18 AAC 50.040(b);

(C)   source testing for compliance with requirements adopted by
reference in 18 AAC 50.040(c) must be conducted in accordance with the
source test methods and procedures specified in 40 C.F.R. Part 63,
adopted by reference in 18 AAC 50.040(c);

(D) source testing for reduction in visibility through the exhaust
effluent must follow the procedures set out in Vol. 3, sec. IV-3,
Appendix IV-3, "Alaska Air Quality Visible Emissions Evaluation
Procedures," of the state air quality control plan, adopted by reference
in 18 AAC 50.030;

(E)  source testing for emissions of total particulate matter, sulfur
compounds, nitrogen compounds, carbon monoxide, lead, volatile organic
compounds, fluorides, sulfuric acid mist, municipal waste combustor
organics, metals, and acid gases must follow the procedures specified in
Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040;
and

(F)  source testing for emissions of PM-10 must follow the procedures
set out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18
AAC 50.035; 

(2)  emissions of any air pollutant may be determined using an
alternative method approved by the department in accordance with Method
301 in Appendix A to 40 C.F.R. Part 63, adopted by reference in 18 AAC
50.040(c); and

(3)  standard exhaust gas volumes must include only the volume of gases
formed from the theoretical combustion of the fuel, plus the excess air
volume normal for the specific source type, corrected to standard
conditions.

(d)  In deciding whether to require a test under (a) of this section,
the department will consider

(1)  the compliance status of the emission unit and the margin of
compliance with each applicable requirement as demonstrated by prior
compliance tests or other reasonably accurate data or calculations;

(2)  the potential variability of emissions from the stationary source;
and

(3)  the date and results of prior compliance tests, if any.

(e)  The owner, operator, or permittee shall submit the results of
testing conducted under this section as required by Vol. 3., sec. IV-3,
Appendix IV-3, of the state air quality control plan, adopted by
reference in 18 AAC 50.030.  

(f)  In source testing for compliance with the particulate matter
standards in 

18 AAC 50.050  or 18 AAC 50.055, the three-hour average is determined
using the average of three one-hour test runs.  The source test must
account for those emissions caused by soot blowing, grate cleaning, or
other routine maintenance activities by ensuring that at least one test
run includes the emissions caused by the routine maintenance activity
and is conducted under conditions that lead to representative emissions
from that activity.  The emissions must be quantified using the
following equation:

 

Where:

E =	the total particulate emissions of the source in grains per dry
standard cubic foot (gr/dscf).

EM =	the particulate emissions in gr/dscf measured during the test that
included the routine maintenance activity.

ENM =	the arithmetic average of particulate emissions in gr/dscf
measured by the test runs that did not include routine maintenance
activity.

A =	the period of routine maintenance activity occurring during the test
tun that included routine  maintenance activity, expressed to the
nearest hundredth of an hour.

B =	the total period of the test run, less A.

R =	the maximum period of source operation per 24 hours, expressed to
the nearest hundredth of an hour.

S =	the maximum period of routine maintenance activity per 24 hours,
expressed to the nearest hundredth of an hour. 

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

Authority:	AS 46.03.020		AS 46.14.020		AS 46.14.140

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



	18 AAC 50.225.  Owner-requested limits.  (a)  The owner or operator of
an existing or proposed stationary source may request an enforceable
limit on the ability to emit air pollutants.  A limitation approved
under this section is an enforceable limitation for the purpose of
determining 

(1)  stationary source-specific allowable emissions; and

(2)  a stationary source’s potential to emit.  

(b)  To request approval under this section of limits on the ability to
emit, the owner or operator shall submit to the department

(1)  a completed stationary source identification form;

(2)  a list of all emission units at the stationary source;

(3)  a calculation of the stationary source’s actual emissions and
potential to emit air pollutants;

(4)  a description of the proposed limit, including for each air
pollutant a calculation of the effect the limit will have on the
stationary source's potential to emit and the allowable emissions;

(5)  a description of a verifiable method to attain and maintain the
limit, including monitoring and recordkeeping requirements;

(6)  citation to the requirement that the person seeks to avoid,
including an explanation of why the requirement would apply in the
absence of the limit and how the limit allows the person to avoid the
requirement;

(7)  a statement that the owner or operator of the stationary source
will be able to comply with the limit; and

(8)  a certification, bearing the signature of the person requesting the
limit, that states: "Based on information and belief formed after
reasonable inquiry, I certify that the statements and information in
this request are true, accurate, and complete.

(c)  Within 30 days after receiving a request under (b) of this section,
the department will

(1)  make a preliminary decision to approve the request; or

(2)  deny the request and notify the owner or operator of the reasons
for the denial.

(d)  If the department makes a preliminary decision to approve a request
under (c) of this section, the department will solicit public comment on
the preliminary decision as follows:



(1)  the department will publish a notice in a newspaper of general
circulation within the area where the stationary source is or will be
located;  the department will publish this notice in two consecutive
issues of the newspaper and in other media the department considers
appropriate; the notice will include

(A)  the name and address of the applicant and the location or proposed
location of the stationary source;

(B)  a summary describing the proposed limit, including reference to the
requirement that the limit avoids; 

(C)  a statement that the department will accept public comment on the
proposed limit for 30 days after first publishing notice; and

(D)  the name and address of the person to whom comments should be sent;

(2)  the department will make available for public review, in at least
one location within the area affected by the stationary source, the
materials submitted by the owner or operator and a copy of the proposed
limit;

(3)  the department, upon its own motion or upon a request made in
accordance with 18 AAC 15.060, will hold a public hearing on the
application as described in 

18 AAC 15.060(d) - (h); and

(4)  the department will accept public comments and testimony on the
proposed limit for 30 days after publishing the notice required by (1)
of this subsection; if the department determines additional time is
needed to allow full public participation, it will 

(A)  extend the public comment period by up to an additional 60 days ;
and

 

(B)  publish notice of the extension as provided under (1) of this
subsection.

  	(e)  After the public comment period provided under (d) of this
section, the department will consider the comments received during the
public comment period and will make a final decision whether to approve,
approve with conditions, or deny the request for cause.  This final
decision, or a decision to deny the request under (c)(2) of this
section, is a permit action for the purpose of review under AS
46.14.200.  The absence of a department decision within 30 days after
the close of the public comment period provided in (d) of this section
will be considered a permit action to deny the request for the purpose
of review under AS 46.14.200.

(f)  If the department approves a request for a limit, it will issue a
letter of approval that

(1)  describes the terms and conditions of the approval, including
specific testing, monitoring, recordkeeping, or reporting requirements;

(2)  lists all equipment covered by the approval;

(3)  describes the requirement that the limit allows the owner or
operator to avoid; and

(4)  contains the statement "I understand and agree to the terms and
conditions of this approval" followed by a space for the owner's or
operator's signature.

(g)  A limit approved under this section becomes effective the day after
the department receives a copy of the letter of approval bearing the
owner's or operator's signature in the space provided.  On and after the
date the limit becomes effective and until the limit is revised or
revoked under (h) of this section, the owner and operator shall comply
with all terms and conditions of the approval.

(h)  The owner or operator may request the department to revise the
terms or conditions of the approval issued under this section by
submitting a new request under (b) of this section.  The owner or
operator may request the department to revoke the approval in writing by
explaining the reason for the request and applying for each permit
listed in the original approval under (f) of this section as if the
limit had never been approved.  The limit remains in effect until the
owner or operator

(1)  obtains a new limit that allows the owner or operator to continue
to avoid the requirement; or

(2)  for a request to revoke the limit, obtains any permit that was
avoided, and complies with any other requirement that was avoided. 
(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004,
Register 171; am 1/29/2005, Register 173)

Authority:	AS 46.14.020		AS 46.03.020		AS 46.14.140	

AS 46.14.030		AS 46.14.120

	18 AAC 50.230.  Preapproved emission limits.  (a)  This section sets
out limits for certain stationary sources that become effective the day
after the department receives a request containing all the required
information.  Under these "preapproved" emission limits or PAELs, no
additional department approval is required.  The owner and operator
shall comply with the limit while that limit is in effect.  The limit
remains in effect until revoked in accordance with (e) of this section.

(b)  The owner or operator of a stationary source containing one or more
emission units described in (c) or (d) of this section may request that
the preapproved limits in those subsections be applied to that
stationary source.  To make the request, the owner or operator shall
submit to the department the information required for the limit
requested.



(c)  Limits on the allowable emissions of, or potential to emit,
nitrogen oxides from diesel engines may be established by restricting
the amount of fuel that may be burned in an engine.  To implement these
limits, the owner or operator shall

(1)  submit to the department a letter or form containing

(A)  the name and address of the stationary source to which the limits
will apply;

(B)  a list of all diesel engines at the stationary source to which the
limits will apply, including the model and rated capacity of each diesel
engine;

(C)  the maximum quantity of fuel, in gallons, that the owner or
operator will be limited to use in the equipment listed in (B) of this
paragraph in any consecutive 12 months;

(D)  a calculation of the nitrogen oxides, in tons per year, that the
equipment listed in (B) of this paragraph would have the potential to
emit if subjected to the limits on fuel use proposed under (C) of this
paragraph, determined by dividing the number provided under (C) of this
paragraph by 3,309;

(E)  an estimate of the potential to emit nitrogen oxides, in tons per
year, from all emission units at the stationary source that are not
listed under (B) of this paragraph;

(F)  a calculation of the stationary source’s total potential to emit
nitrogen oxides, determined by adding the values derived under (D) and
(E) of this paragraph;

(G)  a list setting out each of the conditions required under (2) of
this subsection; 

(H)  a certification bearing the owner's or operator's signature stating
that 

(i)  "Based on information and belief formed after reasonable inquiry, I
certify that the information in this request is true, accurate, and
complete"; and

(ii)  the owner or operator fully understands the conditions required
under (2) of this subsection and agrees to those conditions in order to
limit nitrogen oxide emissions from the equipment listed under (B) of
this paragraph to no more than the value calculated under (D) of this
paragraph; and

(I)  the administration fee in 18 AAC 50.400(k)(2); and

(2)  agree to

(A)  limit the quantity of fuel burned in the equipment listed under
(1)(B) of this subsection during any consecutive 12 months to no more
than the amount proposed under (1)(C) of this subsection;

(B)  record the amount of fuel consumed in the equipment listed under
(1)(B) of this subsection each month and calculate the total fuel
consumed in the equipment during the preceding 12 months;

(C)  keep all receipts for fuel purchases and all records and
calculations under (B) of this paragraph available for department
inspection for at least five years; and

(D)  no later than January 31 of each year, submit to the department a
copy of the records and calculations required by (B) of this paragraph
for the preceding year.

(d)  The owner or operator of a gasoline distribution facility may limit
the maximum daily throughput of gasoline for the stationary source to
less than 19,900 gallons.  If the limit in this subsection is applied,
the department will consider the stationary source to be a bulk gasoline
plant under the standards adopted by reference in 18 AAC 50.040(a)(2)(M)
and (AA).  The owner or operator shall 

(1)  submit to the department a letter or form containing

(A)  the name and address of the stationary source to which the limit
will apply;

(B)  a list of each tank containing gasoline at the stationary source,
including the working capacity of each tank; 

(C)  a list of the conditions required under (2) of this subsection; and

(D)  a certification bearing the signature of the owner or operator
stating that

(i)  "Based on information and belief formed after reasonable inquiry, I
certify that the information in this request is true, accurate, and
complete"; and

(ii)  the owner or operator fully understands the conditions required
under (2) of this section and agrees to those conditions in order to be
classified as a bulk gasoline plant; and

(E)  the administration fee in 18 AAC 50.400(k)(3); and

(2)  agree to

(A)  limit the quantity of gasoline transferred from tanks at the
stationary source each day to less than 19,900 gallons;

(B)  record the amount of gasoline transferred from tanks at the
stationary source each day;

(C)  keep all receipts for fuel sales and all records under (B) of this
paragraph available for department inspection for at least five years;
and

(D)  no later than January 31 of each year, submit to the department a
copy of the records required by (B) of this paragraph for the preceding
year.

(e)  The owner or operator may terminate a limit under this section by
notifying the department, in writing, of the proposed date for
termination of the limit.  On and after the proposed date, the limit is
no longer in effect unless the limit made it possible for the owner or
operator to avoid any preconstruction review procedures or to avoid the
requirement for an operating permit.  If the limit 

(1)  made it possible for the owner or operator to avoid any
preconstruction review under this chapter, the limit remains in effect
until the owner or operator obtains

(A)  a new construction permit under this chapter as if the limit had
never existed; or

(B)  under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit
that allows the owner or operator to continue to avoid preconstruction
review; or

(2)  did not make it possible to avoid preconstruction review, but made
it possible to avoid a Title V permit or minor permit to operate, the
limit remains in effect until the owner or operator obtains

(A)  a new Title V permit under this chapter as if the limit had never
existed; or

(B)  under this section or under a permit classified in 18 AAC 50.508, a
new limit that allows the owner or operator to continue to avoid the
need for the permit.  (Eff. 1/18/97, Register 141; am 6/21/98, Register
146; am 10/1/2004, Register 171; am 1/29/2005, Register 173)

Authority:	AS 44.46.025		AS 46.14.030		AS 46.14.170

AS 46.03.020 		AS 46.14.120		AS 46.14.180

AS 46.14.010		AS 46.14.130		AS 46.14.240

		AS 46.14.020



	18 AAC 50.235.  Unavoidable emergencies and malfunctions.  (a)  If an
unavoidable emergency, malfunction, or nonroutine repair causes
emissions in excess of a technology-based emission standard, the owner,
operator, or permittee shall

(1)  take all reasonable steps to minimize levels of emissions that
exceed the standard; and

(2)  give written notice to the appropriate department office within two
working days after the event commenced or was discovered; notice under
this paragraph must include a description of the event, the cause of the
event, steps taken to mitigate emissions, and corrective measures taken
or to be taken.

(b)  A person who asserts the affirmative defense recognized in AS
46.14.560 must demonstrate that

(1)  an unavoidable emergency, malfunction, or nonroutine repair of an
emission unit occurred, and the person can identify the cause;

(2)  the stationary source was being properly operated when the event
described in (1) of this subsection occurred; and

(3)  the person took the steps required under (a) of this section.

(c)  In any enforcement action, the person seeking to assert the
affirmative defense under AS 46.14.560 and this section has the burden
of proof.

(d)  For the purposes of this section, an emergency or malfunction is
unavoidable 

(1)  if it arises from a sudden and reasonably unforeseeable event
beyond the person's control, including an act of God, that requires
immediate corrective action to restore normal operation; and 

(2)  to the extent it was not the result of improper design, lack of
preventive maintenance, careless or improper operation, or operator
error.  (Eff. 1/18/97, Register 141; am 6/14/98, Register 146;
10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.140		AS 46.14.560

	18 AAC 50.240.  Excess emissions.  (a)  In an enforcement action, the
owner, operator, or permittee has the burden of proving that excess
emissions were unavoidable.  This demonstration is a condition to
obtaining relief under (d), (e), and (f) of this section.

(b)  Excess emissions determined to be unavoidable under this section
will be excused and are not subject to penalty.  This section does not
limit the department's power to enjoin the emission or require
corrective action.

(c)  Excess emissions that present a potential threat to human health or
safety or that the owner, operator, or permittee believes to be
unavoidable must be reported to the department as soon as possible. 
Unless otherwise specified in the stationary source's permit, other
excess emissions must be reported within 30 days after the end of the
month during which the emissions occurred or as part of the next routine
emission monitoring report, whichever is sooner.  If requested by the
department, the owner, operator, or permittee shall submit a full
written report that includes the known causes, the corrective actions
taken, and the preventive measures to be taken to minimize or eliminate
the chance of recurrence.

(d)  Excess emissions due to startup or shutdown will be considered
unavoidable if the owner, operator, or permittee reports them as
required under (c) of this section and demonstrates that 

(1)  the excess emissions could not have been prevented through careful
planning and design; and

(2)  if a bypass of control equipment occurred, the bypass was necessary
to prevent loss of life, personal injury, or severe property damage.

(e)  Excess emissions due to scheduled maintenance will be considered
unavoidable if the owner, operator, or permittee reports them as
required under (c) of this section and demonstrates that the excess
emissions could not have been avoided through reasonable design, better
scheduling for maintenance, or better operation and maintenance
practices.

(f)  Excess emissions due to upsets will be considered unavoidable if
the owner, operator, or permittee reports them as required under (c) of
this section and demonstrates that

(1)  the event was not caused by poor or inadequate design, operation,
or maintenance or by any other reasonably preventable condition;

(2)  the event was not of a recurring pattern indicative of inadequate
design, operation, or maintenance; and

(3)  when the operator knew or should have known that an emission
standard or permit condition was being exceeded, the operator took
immediate and appropriate corrective action in a manner consistent with
good air pollution control practice for minimizing emissions during the
event, taking into account the total emissions impact of the corrective
action, including slowing or shutting down the source as necessary to
minimize emissions.  

(g)  A demonstration under (d), (e), or (f) of this section must be
supported by records made at the time the excess emissions occurred. 
(Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.140		AS 46.14.560

		AS 46.14.030



	18 AAC 50.245.  Air episodes and advisories.  (a)  The department may
declare an air episode and prescribe and publicize curtailment action if
the concentration of an air pollutant in the ambient air has reached, or
is likely in the immediate future to reach, any of the concentrations
established in Table 6 in this subsection.

Table 6.  

Concentrations Triggering an Air Episode

	Episode Type	

	Air Pollutant	

Concentration in

micrograms per cubic meter

{and in ppm where applicable}



	Air alert	

Sulfur dioxide	

365 (24-hour average)

{0.14 ppm}

	

PM-10	

150 (24-hour average)

	

PM-10 from wood burning (wood smoke control areas)	

92 (24-hour average)

	

Carbon monoxide	

10,000 (8-hour average)

{8.7 ppm}



	Air warning	

Sulfur dioxide	

800 (24-hour average)

{0.31 ppm}

	

PM-10	

350 (24-hour average)

	

Carbon monoxide	

17,000 (8-hour average)

{15 ppm}



	Air emergency	

Sulfur dioxide	

1,600 (24-hour average)

{0.61 ppm}

	

PM-10 	

420 (24-hour average)

	

PM-10 from wood burning (wood smoke control areas)	

During an air alert, a concentration measured or predicted to exceed 92
(24-hour average), and to continue to increase beyond the concentration
that triggered the air alert

	

Carbon monoxide	

34,000 (8-hour average)

{30 ppm}



  	(b)  The department will declare an air quality advisory if, in its
judgment, air quality or atmospheric dispersion conditions exist that
might threaten public health.

(c)  If the department declares an air quality advisory under (b) of
this section, the department 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.  (Eff.
1/18/97, 

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

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

AS 46.14.010		AS 46.14.030

	18 AAC 50.250.  Procedures and criteria for revising air quality
classifications.  (a)  Except for the Class I areas identified in 18 AAC
50.015(c), the class of any geographical area of the state can be
revised.  This section sets out the procedures and criteria for revising
an air quality classification.

(b)  A geographic area that exceeds 10,000 acres and is one of the
following may be classified only as Class I or Class II:

(1)  a national park or national wilderness area established after
August 7, 1977; or

(2)  a national monument, national primitive area, national preserve,
national recreation area, national wild and scenic river, national
wildlife refuge or range, or a national lakeshore or seashore.

(c)  The department will, on its own motion, or upon receipt of a
petition under AS 44.62.220, propose to change the air quality
classification of a geographical area.  The department will, in its
discretion, combine or coordinate any public meetings or hearings
conducted under (e) of this section with those conducted under AS
44.62.180 - 44.62.290.  The department will make the report prepared
under (d) of this section available to the public during the public
comment period provided under AS 44.62.210.

(d)  Before proposing a change to a geographic air quality
classification, the department will prepare, and a person submitting a
petition under AS 44.62.220 must provide, a report that includes

(1)  an accurate description of the boundaries of the geographic area
for which the change in air quality classification is proposed;

(2)  the classification in effect for the area and the proposed
classification;

(3)  a statement of the reasons why the change to the air quality
classification is proposed and is in the public interest;



(4)  a detailed evaluation of new emissions and ambient air quality
impacts expected to occur in the area to be reclassified and in adjacent
areas as a result of a modification to a stationary source in that area
or from construction and operation of a new stationary source in that
area

(A)  for which a complete permit application under AS 46.14.160 is
pending before the department at the time the report is prepared; or

(B)  that has been proposed, would be subject to this chapter and
AS 46.14.120 or 46.14.130, and could not be permitted under those
provisions without a change in the air quality classification for the
area;

(5)  an evaluation of the effects on air quality in other geographic
areas classified in 18 AAC 50.015(c) of any proposed new or modified
stationary source in the area to be reclassified; and

(6)  a detailed analysis of the health, environmental, economic, social,
and energy effects of the proposed reclassification.

(e)  Before the commissioner will adopt an amendment to 18 AAC 50.015(c)
that changes the air quality classification of an area of the state,

(1)  for any change,

(A)  the federal administrator must have approved the change;

(B)  the department must have conferred with the elected leadership of
local and other substate general purpose governments in the area covered
by the proposed redesignation;

(C)  the department must have notified each affected federal land
manager of the proposed change and provided at least 30 days to comment
on the report described in (d) of this section;

(D)  the department must have published in a newspaper of general
circulation in the state a summary of the comments and recommendations
of any affected federal land manager received under (B) of this
paragraph and an explanation of the reasons for implementing a change
that is inconsistent with the recommendations of the federal land
manager; and

(E)  the commissioner must have determined that

(i) the health, environmental, economic, social, and energy effects of
the change are in the public interest; and



(ii)  implementing the change will not cause or contribute to a
violation of the ambient air quality standards or maximum allowable
increase;

(2)  for any change to the classification of lands within the exterior
boundary of a reservation of a federally-recognized Indian tribe, the
governing body of the tribe must have approved the change; and

(3)  for a reclassification of an area to Class III, the change must
meet the applicable requirements of 42 U.S.C. 7474, adopted by reference
as amended through December 19, 1996.

(f)  In this section, “federal land manager” has the meaning given
in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and adopted by
reference.  (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority:	AS 44.62.210		AS 44.62.230		AS 46.14.030

AS 44.62.220		AS 46.03.020



Article 3.  Major Stationary Source Permits.

Section

300.  (Repealed)

301.  Permit continuity

302.  Construction permits

305.  (Repealed)

306.  Prevention of significant deterioration (PSD) permits

310.  (Repealed)

311.  Nonattainment area major stationary source permits

315.  (Repealed)

316.  Preconstruction review for construction or reconstruction of a
major source of hazardous air pollutants

320.  (Repealed)

321.  Case-by-case maximum achievable control technology determinations

322.  (Repealed)

325.  (Repealed)

326.  Title V operating permits

330.  (Repealed) 

335.  (Repealed)

340.  (Repealed)

341.  (Repealed)

345.  Construction and operating permits: standard permit conditions

346.  Construction and operating permits: other permit conditions

350.  (Repealed) 

355.  (Repealed)

360.  (Repealed)

365.  (Repealed)

370.  (Repealed)

375.  (Repealed)

380.  (Repealed)

385.  (Repealed)

390.  (Repealed)

18 AAC 50.300.  Construction permits: classifications.  Repealed. (Eff.
1/18/97, Register 141; am 6/21/98, Register 146; am 2/2/2002, Register
161; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.301.  Permit continuity.  (a)  An air quality permit that is
effective under this chapter as of October 1, 2004 remains in effect
until it

(1)  expires, consistent with AS 46.14.230; 

(2)  is revoked by the department under AS 46.14.280; or

(3)  is replaced by a permit issued under this chapter. 

(b)  For a permit under this chapter, if the applicant has submitted a
complete application before October 1, 2004, but the department has not
yet issued the permit by that date, the

(1)  applicant may request in writing that the department process the
application under the regulations in effect before or after October 1,
2004; and

(2)  department will process the application in accordance with the
applicant’s request.  (Eff.10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.230

AS 46.14.010		AS 46.14.130		AS 46.14.280

		AS 46.14.020		AS 46.14.140

18 AAC 50.302.  Construction permits.  (a)  An owner or operator must
obtain a construction permit before beginning actual construction of a
new major stationary source, a major modification, a PAL major
modification, or a new stationary source or modification subject to the
construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act
sec. 112(i)).  The owner or operator must obtain one or more of the
following types of construction permits, as applicable:

(1)  a prevention of significant deterioration (PSD) permits under 18
AAC 50.306;

(2)  a nonattainment area major stationary source permit under 18 AAC
50.311;

(3)  a construction permit under 18 AAC 50.316 for a major source of
hazardous air pollutants.

(b)   If a stationary source or modification may require permits under
more than one section in this chapter, the owner or operator may file a
single permit application, and the department will issue a single permit
incorporating all applicable construction permit requirements. 
(Eff.10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.030		AS 46.14.140

AS 46.14.010 		AS 46.14.120		Sec. 30, ch. 74, SLA 1993

AS 46.14.020		

18 AAC 50.305.  Construction permit provisions requested by the owner or
operator.  Repealed.  (Eff. 1/18/97, Register 141; repealed 10/1/2004,
Register 171)

18 AAC 50.306.  Prevention of significant deterioration (PSD) permits. 
(a)  An owner or operator must obtain a prevention of significant
deterioration (PSD) permit under this section before beginning actual
construction of a new major stationary source, a major modification, or
a PAL major modification..  

(b)  To satisfy the requirement of (a) of this section, the owner or
operator must comply with the requirements of 40 C.F.R. 52.21, adopted
by reference in 18 AAC 50.040 with the following changes:

(1)  in 40 C.F.R. 52.21, the term “administrator” means

(A)  “federal administrator” in 40 C.F.R. 52.21(b)(17), (b)(37),
(b)(43), (l)(2), and (p)(2), and in the second reference to “the
Administrator” in 40 C.F.R. 52.21(y)(7); and

(B)  “department” elsewhere;

(2)  each reference in 40 C.F.R. 52.21 to the date “March 3, 2003”
is revised to read “the date that the Clean Unit applicability test
becomes effective as an element of the EPA-approved Alaska state
implementation plan”;

(3)  in 40 C.F.R. 52.21(y)(3)(iii), the phrase  “before December 31,
2004” is revised to read “within two years after the date that the
Clean Unit applicability test becomes effective as an element of the
EPA-approved Alaska state implementation plan”; 

(4)  exclusions from increment consumption apply to the maximum extent
allowed under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC
50.040.

(c)  The department will issue each permit under this section following
the procedures and other requirements of AS 46.14, and of 40 C.F.R.
52.166(f) and (q)(2), and 40 C.F.R. 52.21, as adopted by reference in 18
AAC 50.040, with the following additions and exemptions: 

(1)  the date of receipt of the application is the date that the
department has received all required information under AS 46.14.160 and
this section;

(2)  the department will provide at least 30 days for the public to
comment, and upon its own motion or upon a request in accordance with
18 AAC 15.060, will hold a public hearing on the application as
described in 18 AAC 15.060(d) - (h);

(3)  if requested by the owner or operator of a stationary source or
modification that requires both a PSD permit and a Title V permit or
permit modification, the department will integrate review of the
operating permit application or amendment required by 18 AAC 50.326 and
the PSD permit application required by this section; a PSD permit
application designated for integrated review will be processed in
accordance with procedures and deadlines described in 

18 AAC 50.326.

(d)  In each PSD permit issued under this section, the department will
include terms and conditions

(1)  as necessary to ensure that the permittee will construct and
operate the proposed stationary source or modification in accordance
with this section, including terms and conditions consistent with AS
46.14.180 that require the permittee to 

(A)  install, use, and maintain monitoring equipment;

(B)  sample emissions according to the methods prescribed by the
department, at locations and intervals specified by the department, and
by procedures specified by the department;

(C)  provide source test reports, monitoring data, emissions data, and
information from analysis of any test samples;

(D)  keep records; and

(E)  make periodic reports on process operations and emissions, and
reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2)  for payment of fees consistent with 18 AAC 50.400 – 18 AAC
50.420.

(e)  A person described in AS 46.14.200 may request an adjudicatory
hearing to challenge the issuance, denial, or conditions of a PSD permit
as prescribed in 18 AAC 15.195 – 

18 AAC 15.340.  (Eff.10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140

18 AAC 50.310.  Construction permits: application.  Repealed. (Eff.
1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.311.  Nonattainment area major stationary source permits.  (a)
 In accordance with the provisions of 40 C.F.R. 51.165, as adopted by
reference in 18 AAC 50.040, before commencing construction of a major
stationary source, major modification, or PAL major modification for a
nonattainment pollutant in a nonattainment area, an owner or operator
must obtain a construction permit from the department. 

(b)  The application for a permit under this section must include

(1)  for the nonattainment air pollutant, a

(A)  demonstration, including substantiating information, that emissions
of the pollutant will be controlled to a rate that represents the lowest
achievable emission rate (LAER);

(B)  demonstration that reductions in actual emissions from other
stationary sources within the nonattainment area will equal or exceed
the expected maximum emissions increase from the construction and
operation of the stationary source or modification; and

(C)  description of the proposed reductions in actual emissions used to
demonstrate satisfaction of the requirements in (B) of this paragraph;
the description must include

(i)  from each stationary source providing the emission reductions, a
complete application for a minor permit under 18 AAC 50.508(4); and

(ii)  a certification that proposed reductions in actual emissions will
occur before the onset of emission increases from the stationary source
or modification;

(2)  a demonstration that other stationary sources owned or operated by
the applicant within the state are in compliance with

(A)  AS 46.14, this chapter, the Clean Air Act, and applicable federal
regulations; or

(B)  an order issued under AS 46.03 that controls air emissions from
those stationary sources; and

(3)  a demonstration that the benefits of construction, operation, or
modification of the stationary source will significantly outweigh the
environmental and social costs incurred, considering factors such as
alternative sites, sizes, production processes, and environmental
control techniques.

(c)  In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003
and adopted by reference, the department will provide notice and
opportunity for a 30 - day public comment period on the department’s
proposed permit or proposed denial.  The department will issue a permit
only if the department finds that the applicant has shown that the
stationary source or modification will meet the requirements of (b) of
this section and 40 C.F.R. 51.165, adopted by reference in 18 AAC
50.040.

(d)  In each construction permit issued under this section, the
department will include terms and conditions 

(1)  as necessary to ensure that the proposed stationary source or
modification will meet the requirements of this section, including terms
and conditions consistent with 

AS 46.14.180 for 

(A)  installation, use, and maintenance of monitoring equipment;

(B)  sampling emissions according to the methods prescribed by the
department, at locations and intervals specified by the department, and
by procedures specified by the department;



(C)  providing source test reports, monitoring data, emissions data, and
information from analysis of any test samples;

(D)  keeping records; and

(E)  making periodic reports on process operations and emissions, and
reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2)  for payment of fees consistent with 18 AAC 50.400 – 18 AAC
50.420.  (Eff. 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.020		AS 46.14.170

		AS 46.03.850		AS 46.14.130		AS 46.14.180

AS 46.14.010		AS 46.14.140	

18 AAC 50.315.  Construction permits: review and issuance.  Repealed. 
(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/11/2002,
Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.316.  Preconstruction review for construction or
reconstruction of a major source of hazardous air pollutants.  (a) 
Applicability.  The owner or operator of a major source of hazardous air
pollutants subject to a standard under 40 C.F.R. part 63, adopted by
reference in 18 AAC 50.040, must obtain a construction permit before

(1)  constructing a new major source of hazardous air pollutants subject
to that standard;

(2)  reconstructing a major source of hazardous air pollutants subject
to that standard; or 

(3)  reconstructing a major source of hazardous air pollutants in a way
that causes the source to become an affected source that is
major-emitting under 40 C.F.R. Part 63 and subject to that standard.

(b)  Definitions.  The term “administrator” as used in 40 C.F.R.
63.5(d) - (e), adopted by reference in 18 AAC 50.040, means
“department” for the purposes of this section.

(c)  Procedures for preconstruction approval.  An application for a
construction permit required under this section must be prepared and
submitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in
18 AAC 50.040.  After receiving a complete application,

(1)  the department will prepare a report that contains a preliminary
decision to approve or deny the permit application; the department will
make a decision to issue the permit only if the department determines
that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference in 18
AAC 50.040, are met;

(2)  if the department makes the preliminary decision to deny the permit
application, the owner, operator, or permittee may submit additional
information for the department to consider before the department makes a
final decision, as follows:

(A)  after consulting with the applicant, the department will specify
dates by which the applicant must submit any additional information
under this paragraph;

(B)  within 60 days after receiving the additional information, the
department will

(i)  make a preliminary decision to approve or approve with conditions;
or

(ii)  take a final permit action and deny the permit application for
cause;

(3)  if the department makes a preliminary decision to approve the
permit application, the department will

(A)  prepare a draft permit; 

(B)  provide at least 30 days for the public to comment, and upon its
own motion or upon a request in accordance with 18 AAC 15.060, will
hold a public hearing on the application as described in 18 AAC
15.060(d) - (h); and

(C)  make available for public review the materials submitted by the
applicant and a copy of the proposed permit in at least one location
within the area known or expected to be affected by the stationary
source as proposed;

(4)  if the department makes a decision to issue a final permit, the
department will issue the permit consistent with AS 46.14.170.

(d)  Permit Content.  In a permit under this section, the department
will include terms and conditions that

(1)  reference specific applicable requirements under each applicable
subpart of 

40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2)  require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240;
and

(3)  require payment of fees in accordance with 18 AAC 50.400 - 18 AAC
50.420. 



(e)  Notification.  For each notification that the owner or operator is
required to send to the administrator under 40 C.F.R. 63.9, adopted by
reference in 18 AAC 50.040, the owner or operator shall also send a copy
of the notification to the department.  (Eff. 10/1/2004, Register 171;
am 12/1/2004, Register 172)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140

18 AAC 50.320.  Construction permits: content and duration.  Repealed. 
(Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.321.  Case-by-case maximum achievable control technology
determinations.  (a)  Purpose.  This section implements EPA requirements
for case-by-case maximum achievable control technology (MACT)
determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) and
in 40 C.F.R. 63.40 - 63.44, adopted by reference in 

18 AAC 50.040. 

(b)  Applicability.  This section applies to any owner or operator who
constructs or reconstructs a major source of hazardous air pollutants
after October 1, 2004, unless the

(1)  major source of hazardous air pollutants has been specifically
regulated or exempted from regulation by a standard under 42 U.S.C.
7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j), and  40
C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2)  stationary source is exempted under (c) of this section. 

(c)  Exclusions from this section.  The requirements of this section do
not apply to

(1)  an electric utility steam generating unit unless, and until such
time as that unit is added to the source category list under 42 U.S.C.
7412(c)(5) (Clean Air Act, sec. 112(c)(5)); 

(2)  a stationary source that is within a source category that has been
deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean
Air Act, sec 112(c)(9)); or

(3)  research and development activities, as defined in 40 C.F.R. 63.41.

(d)  Prohibition.  A person subject to this section may not begin actual
construction or reconstruction of a major source of hazardous air
pollutants unless the department has made a final and effective
case-by-case determination under (e) of this section under which
emissions from the constructed or reconstructed major source of
hazardous air pollutants will be controlled to a level no less stringent
than the maximum achievable control technology emission limitation for
new sources.  



(e)  Procedures for MACT determinations.  To satisfy the requirements of
(d) of this section the owner or operator must obtain a notice of MACT
approval under the procedures of 

40 C.F.R. 63.43(d) – (m), adopted by reference in 18 AAC 50.040.  To
the extent practicable, the department will coordinate processing of the
notice of MACT approval with the processing of any permit that is
required for the stationary source or modification under this chapter.

(f)  Definitions.  For purposes of this section,

(1)  the definitions of 40 C.F.R. 63.41 are adopted by reference, except
that “permitting authority” means the department;

(2)  terms used in this section that are not defined in 40 C.F.R. 63.41
have the meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A,
except that “construction,” “emission standard,” “fugitive
emissions,” “hazardous air pollutant,” “operator,”
“owner,” “potential to emit,” and “stationary source” have
the meanings given in AS 46.14.990.  (Eff. 10/1/2004, Register 171; am
12/1/2004, Register 172)

Authority:	AS 46.14.010(a)	AS 46.14.020

18 AAC 50.322.  Construction permits: reopenings.  Repealed.  (Eff.
1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.326.  Title V operating permits.  (a)  Obligation for a
permit.  except as provided in (b) – (k) of this section, an owner or
operator of a Title V source must obtain a 

Title V permit consistent with 40 C.F.R. Part 71, as adopted by
reference in 18 AAC 50.040.

(b)  Definitions.  For purposes of this section, the definitions of 40
C.F.R. 71.2 are adopted by reference, except that 

(1)  “permitting authority” and “delegate agency” mean the
department;

(2)  “applicable requirement” also means any obligation created by
AS 46.14, this chapter, or a term or condition of a preconstruction
permit issued by the department”;

(3) “part 71 permit” means a Title V permit;

(4) “part 71 program” means the permit program under this section;

(5) “part 71 source” means any source subject to the permitting
requirements under this section; 

(6)  “emissions unit” has the meaning given in AS 46.14.990;

(7)  “stationary source” has the meaning given in AS 46.14.990;

(8)  “administrator” means the administrator of EPA, except that
“administrator” or “regional administrator” means the department
at 

(A)  40 C.F.R. 71.3(e); and

(B)  40 C.F.R. 71.6(a)(7).

(c)  Applications.  For the purposes of 40 C.F.R. 71.5(a)(1)(i) and
(ii), a timely application is one that satisfies AS 46.14.150, and 40
C.F.R. 71.5(a)(1)(i) - (ii) do not apply.  Application fees must be paid
in accordance with 18 AAC 50.400 – 18 AAC 50.430.  To establish
confidentiality for information submitted to the department, the owner
and operator must satisfy the requirements of AS 46.14.520, and 40
C.F.R. 71.5(a)(3) does not apply.  The requirements of 18 AAC 50.205
apply to a permit application, report, or compliance certification under
this section, and 40 C.F.R. 71.5(d) does not apply.  The owner or
operator of an existing Title V source who is planning a modification
that requires a Title I permit as well as an operating permit
modification may request either 

(1)  integrated review of the Title I and Title V permits, in which the
department will consolidate all required public notices, hearings, and
comment periods; the applicant may provide either one application for
both requested permits, or two separate applications; or 

(2)  changing the Title V permit by administrative amendment under 40
C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040; to qualify for
this option, the application must satisfy the requirements for both the
Title I and Title V applications; for applications that qualify, the
department will issue or deny the Title I permit following the required
procedures for the Title I permit, and all of the procedures of this
section; a Title I permit must include all of the permit content
required for the Title I permit and required under this section.

(d)  Applications – insignificant emission units.  The provisions in
40 C.F.R. 71.5(c)(11) for insignificant emission units and activities do
not apply and are replaced by (d) - (i) of this section.  Emission units
and activities described in (e) - (i) of this section are insignificant
and need not be included in an operating permit application except as
follows: 

(1)  an emission unit is not insignificant and must be included in an
operating permit application if the emission unit is subject to 

(A)  a federal requirement adopted by reference in 18 AAC 50.040(a) -
(d); 

(B)  an emission unit-specific requirement established under 

(i)  18 AAC 50.201;

(ii)  a construction permit issued under this chapter; or

 

(iii)  a permit issued before January 18, 1997; or 

(C)  a stationary source-specific or emission unit-specific emission
limitation; 

(2)  the application must list each requirement of 18 AAC 50.040(e), 

18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that
applies to insignificant emission units at the stationary source; 

(3)  the application must list each emission unit at the stationary
source that is identified as insignificant under (e) or (g) of this
section; if requested by the department, the applicant must provide
sufficient documentation for the department to determine whether a
source has been appropriately listed as insignificant; 

(4)  the application may not omit information needed to evaluate the fee
required under 18 AAC 50.410;

(5)  the application must include compliance certification based on
reasonable inquiry for insignificant emission units; a compliance
certification made during the permit term according to the schedule
proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant
emission units; 

(6)  the application must propose conditions for monitoring, record
keeping, and reporting if the conditions are necessary to assure
compliance with requirements identified in (2) of this subsection. 

(e)  Applications – insignificant emission units: emission rate basis.
 Except as provided in (d) of this section, an emission unit is
insignificant based on emission rate if its actual emissions of each air
pollutant are less than the rates listed in (1) - (15) of this
subsection.  If requested by the department, an applicant or permittee
shall demonstrate that an emission unit listed as insignificant under
this subsection has actual emissions less than the following rates: 

(1)  five TPY of carbon monoxide; 

(2)  two TPY of nitrogen oxides; 

(3)  two TPY of sulfur oxides; 

(4)  two TPY of volatile organic compounds; 

(5)  0.75 TPY of PM-10; 

(6)  0.005 TPY of lead; 

(7)  0.15 TPY of fluorides; 

(8)  0.35 TPY of sulfuric acid mist; 

(9)  0.5 TPY of hydrogen sulfide; 

(10)  0.5 TPY of total reduced sulfur, including hydrogen sulfide; 

(11)  0.000000175 TPY of municipal waste combustor organics, measured as
total tetra- through octa- chlorinated dibenzo-p-dioxins and
dibenzofurans; 

(12)  0.75 TPY of municipal waste combustor metals, measured as
particulate matter; 

(13)  two TPY of municipal waste combustor acid gases, measured as
Sulfur dioxide and hydrogen chloride; 

(14)  two TPY of ozone depleting substances in aggregate, the sum of
Class I and Class II substances as defined in the Clean Air Act and 40
C.F.R. Part 82, adopted by reference in 18 AAC 50.040; 

(15)  0.5 TPY for any regulated air pollutant not listed in (1) - (14)
of this subsection. 

(f)  Applications – insignificant emission units:  category basis. 
Except as provided in (d) of this section, the following categories of
emission units are insignificant: 

(1)  mobile transport tanks on vehicles, except for those containing
asphalt or volatile liquids; 

(2)  lubricating oil storage tanks; 

(3)  equipment used to mix, package, store, or handle soaps, lubricants,
hydraulic fluid, vegetable oil, grease, animal fat, and aqueous salt
solutions if covered in a manner that minimizes or prevents unintended
emissions; this category does not include equipment used to mix or
package powdered detergent, spray dryers, or any equipment that must
have an emission control device to comply with the requirements of 18
AAC 50.045(d) or 18 AAC 50.055;

(4)  pressurized storage of oxygen, nitrogen, carbon dioxide, air, or
inert gasses; 

(5)  vents from continuous emissions monitors and other analyzers; 

(6)  sampling connections used exclusively to withdraw materials for
laboratory analyses and testing; 

(7)  sample gathering, preparation, and management; 

(8)  equipment and instrumentation used for quality control, quality
assurance, or inspection purposes; 

(9)  laboratory calibration and maintenance equipment; 

(10)  individual laboratory hoods; 

(11)  ventilating units used for human comfort that do not exhaust air
pollutants into the ambient air from any manufacturing, industrial, or
commercial process; 

(12)  comfort air conditioning; 

(13)  maintenance and upkeep activities such as routine housekeeping,
grounds keeping, lawn and landscaping activities, general repairs,
cleaning, painting, welding, plumbing, re-tarring roofs, applying
insulation to buildings in accordance with applicable environmental and
health and safety requirements, and paving or striping parking lots if
these activities are not conducted as part of a manufacturing process,
are not related to the primary business activity of the stationary
source, and do not otherwise require a permit revision; this category
does not include process control flares, spray paint equipment for rail
cars or aircraft, or boilers or internal combustion engines used to
provide electric power or heat; 

(14)  portable solid waste containers such as dumpsters for municipal
solid waste or office wastes; 

(15)  structural changes that do not give rise to air pollutant
emissions; this category does not include emissions from construction
activities; 

(16)  portable welding, brazing, cutting, and soldering operations used
in incidental maintenance; 

(17)  recreational fireplaces, including the use of barbecues,
campfires, and ceremonial fires; 

(18)  food preparation for human consumption including cafeterias,
kitchen facilities, and barbecues located at a source for providing food
service on the premises; 

(19)  tobacco smoking rooms and areas; 

(20)  emergency backup generators at single family or duplex residential
locations; 

(21)  washers, dryers, extractors, and tumblers for fabrics using water
solutions of bleach or detergents; 

(22)  janitorial services and consumer use of janitorial products; 

(23)  office activities; 

(24)  materials and equipment used by, and activity related to,
operation of an infirmary if the infirmary is not the stationary
source’s business activity; this category does not include medical
waste incineration at military bases; 

(25)  personal care activities; 

(26)  bathroom and toilet vents; 

(27)  septic sewer systems, not including active wastewater treatment
facilities; 

(28)  cleaning and sweeping of streets and paved surfaces; 

(29)  fuel and exhaust emissions from vehicles in parking lots; 

(30)  flares used to indicate danger to the public; 

(31)  firefighting and similar safety equipment and equipment used to
train firefighters not subject to 18 AAC 50.065;

(32)  non-commercial smokehouses; 

(33)  drop hammers or hydraulic presses for forging or metalworking; 

(34)  blacksmith forges; 

(35)  inspection equipment for metal products; 

(36)  conveying and storage of plastic pellets; 

(37)  plastic pipe welding; 

(38)  tire buffing where a water spray is used with the particulate
collection system to prevent smoke generation; 

(39)  wet sand and gravel screening; 

(40)  wax application; 

(41)  ultraviolet curing processes; 

(42)  hand-held applicator equipment for hot melt adhesives; 

(43)  steam cleaning operations; 

(44)  steam sterilizers; 

(45)  portable drums and totes; 

(46)  hand-held equipment for buffing, polishing, cutting, drilling,
sawing, grinding, turning, or machining wood, metal, or plastic; 

(47)  oxygen, nitrogen, or rare gas extraction and liquefaction
equipment; this category does not include associated power generation
equipment; 

(48)  equipment used exclusively to slaughter animals; this category
does not include other equipment at slaughterhouses such as rendering
cookers, boilers, heating plants, incinerators, and electrical power
generating equipment; 

(49)  ozonation equipment; 

(50)  demineralization and oxygen scavenging (deaeration) of water; 

(51)  pulse capacitors; 

(52)  laser trimmers using dust collection to prevent fugitive
emissions; 

(53)  gas cabinets using only gasses that are not regulated air
pollutants; 

(54)  Carbon dioxide lasers used only on metals and other materials that
do not emit hazardous air pollutants in the process; 

(55)  photographic process equipment by which an image is reproduced
upon material sensitized to radiant energy such as blueprint activity,
photocopying, mimeograph, telefacsimile, photographic developing, and
microfiche; 

(56)  consumer use of paper trimmers and binders; 

(57)  hydraulic and hydrostatic testing equipment; 

(58)  batteries and battery charging areas; this category does not apply
to manufacturing or rebuilding facilities; 

(59)  salt baths using nonvolatile salts that do not result in emissions
of any regulated air contaminants; 

(60)  shock chambers; 

(61)  mechanical wire strippers; 

(62)  humidity chambers; 

(63)  solar simulators; 

(64)  environmental chambers that do not use hazardous air pollutant
gasses; 

(65)  steam vents and safety relief valves not emitting process
chemicals; 

(66)  air compressors, pneumatically operated systems, and related hand
tools; 

(67)  digester chip feeders; 

(68)  process water and white water storage tanks; 

(69)  demineralizer tanks; 

(70)  hydrogen peroxide tanks; 

(71)  dryers; this category is limited to Yankee, after dryer, curing
systems, and cooling systems; 

(72)  winders; 

(73)  chipping; 

(74)  debarking; 

(75)  pulp mill sludge dewatering and handling; 

(76)  screw press vents; 

(77)  pond dredging; 

(78)  polymer tanks and storage devices and associated pumping and
handling equipment used for solids dewatering and flocculation; 

(79)  electrical circuit breakers, transformers, or switching equipment
installation or operation; 

(80)  electric or steam-heated drying ovens or autoclaves, excluding the
articles or substances being processed in the ovens or autoclaves and
the boilers delivering the steam; 

(81)  sewer manholes, junction boxes, sumps, and lift stations
associated with wastewater treatment systems at publicly owned treatment
works; 

(82)  lube oil, seal oil, or hydraulic fluid storage tanks and equipment
if those tanks and equipment do not emit volatile organic compounds
(VOCs) or hazardous air pollutants; 

(83)  natural gas pressure regulator vents; this category does not
include venting at oil and gas production facilities; 

(84)  lubricating pumps, sumps, and systems; 

(85)  well service equipment; 



(86)  aircraft ground support equipment (AGE), lights, and heating,
ventilation, and air conditioning (HVAC) support; this category does not
include portable power generators; 

(87)  engine crankcase vents and equipment lubricating sumps; 

(88)  tanks containing separated water produced from oil and gas
operations; 

(89)  skimmer pits, oil-water separators, and maintenance of filter
separators; 

(90)  removal of sludge or sediment from pits, ponds, sumps, or
wastewater conveyance facilities; 

(91)  site assessment work, including the evaluation of waste disposal
or remediation sites; 

(92)  instrument systems using air or natural gas; 

(93)  drill site manifold and wellhead enclosures; 

(94)  vent emission from gas streams used as buffer or seal gas in
rotating pump and compressor seals; 

(95)  natural gas odorizing activities; 

(96)  pneumatic starters on reciprocating engines, turbines,
compressors, or other equipment; 

(97)  pipeline maintenance pigging activities; 

(98)  truck, car, or aircraft washing if equipment is not designed to
vaporize hydrocarbons from the wash water; 

(99)  nonroutine clean-out of tanks and equipment for the purpose of
worker entry or in preparation for maintenance or decommissions; 

(100)  fugitive emissions of jet fuels associated with aircraft fuel
cell and fuel bladder repair; 

(101)  portable electrical generators that can be moved by hand from one
location to another; 

(102)  natural gas and liquefied petroleum gas (LPG) vehicle fleet
fueling facilities; 

(103)  military field exercises, except emissions from permanent
stationary sources; 

(104)  fire suppression; 

(105)  storage of water-treating chemicals to be used in a drinking
water system or a boiler water feedwater system. 

(g)  Applications – insignificant emission units:  size or production
rate basis.  Except as provided in (d) of this section, the following
emission units are insignificant on the basis of size or production
rate: 

(1)  operation, loading, and unloading of storage tanks and storage
vessels with less than a 260-gallon capacity (35 cubic feet), with lids
or other closure and heated only to the minimum extent necessary to
avoid solidification; 

(2)  operation, loading, and unloading of storage tanks with not greater
than 1,100-gallon capacity, with lids or other closure not for use with
hazardous air pollutants, and with a maximum true vapor pressure of 550
millimeters (mm) of mercury (Hg); 

(3)  operation, loading, and unloading of volatile liquid storage with
10,000-gallon capacity or less, with lids or other closure and storing
liquid with a vapor pressure not greater than 80 millimeters (mm) of
mercury (Hg) at 21 degrees Celsius; 

(4)  operation, loading, and unloading of butane, propane, or liquefied
petroleum gas (LPG) storage tanks with vessel capacity under 40,000
gallons; 

(5)  a combustion emission unit with a rated capacity less than
4,000,000 Btu per hour exclusively using natural gas, butane, propane,
or liquefied petroleum gas (LPG); emission units under this paragraph do
not include internal combustion engines; 

(6)  a combustion emission unit with a rated capacity less than 350,000
Btu per hour using a commercial fuel containing less than 0.5 percent
sulfur by weight for coal or less than 500,000 Btu per hour at one
percent sulfur by weight for other fuels; emission units under this
paragraph do not include internal combustion engines; 

(7)  a combustion emission unit with a rated capacity less than
1,700,000 Btu per hour using kerosene, No. 1 fuel oil, or No. 2 fuel
oil; emission units under this paragraph do not include internal
combustion engines; 

(8)  a combustion emission unit with a rated capacity less than 300,000
Btu per hour if burning used oil; emission units under this paragraph do
not include internal combustion engines; 

(9)  a combustion emission unit with a rated capacity less than 450,000
Btu per hour if burning wood waste or waste paper; emission units under
this paragraph do not include internal combustion engines; 

(10)  welding using not more than 50 pounds per day of welding rod; 

(11)  foundry sand molds, unheated and using binders with less than 0.25
percent free phenol by sand weight; 

(12)  "paralyene" coaters using less than 500 gallons of coating per
year; 

(13)  printing and silkscreening using less than two gallons per day of
any combination of inks, coatings, adhesives, fountain solutions,
thinners, retarders, or nonaqueous solutions if they do not contain
hazardous air pollutants; 

(14)  comfort cooling towers and ponds that have a capacity not greater
than 10,000 gallons per minute, that are not used with barometric jets
or condensers, and that do not use chromium-based corrosion inhibitors; 

(15)  combustion turbines rated at less than 160 horsepower; 

(16)  batch distillation equipment with a batch capacity not greater
than 55 gallons and used only for solvents that do not contain hazardous
air pollutants; 

(17)  cleaning equipment 

(A)  with less than 10 square feet of air-vapor interface; and 

(B)  using solvent

(i)  that does not contain a hazardous air pollutant; and 

(ii)  with a vapor pressure not more than 30 millimeters (mm) of mercury
(Hg) at 20 degrees Celsius; 

(18)  surface coating using less than two gallons per day of
formulations not containing hazardous air pollutants; 

(19)  tanks, vessels, and pumping equipment with lids or other
appropriate closure for storage or dispensing of aqueous solutions of
inorganic salts, bases, and acids; 

(20)  cleaning and stripping activities and equipment using solutions
having less than one percent volatile organic compounds (VOCs) by
weight; when used on metallic substances, acid solutions are not
insignificant; 

(21)  equipment with lids or other closures used exclusively to pump,
load, unload, or store organic material that has an initial boiling
point (IBP) not less than 150 degrees Celsius and a vapor pressure not
more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; 

(22)  surface coating, aqueous solution, or suspension containing less
than one percent volatile organic compounds (VOCs); 

(23)  storage and handling of water-based lubricants for metal working
if the organic content of the lubricant is less than 10 percent; 

(24)  municipal or industrial wastewater chlorination facilities of not
greater than 1,000,000 gallons per day capacity; 

(25)  diesel engines of 250 horsepower or less being used to provide
power for well servicing equipment. 

(h)  Applications – insignificant emission units:  case-by-case basis.
 This subsection lists emission units or activities that may be
insignificant on the basis of size or production rate. Insignificant
emission units and activities listed in this subsection that are subject
to a standard under 18 AAC 50.050 – 18 AAC 50.090 must be listed on
the permit application. Except as provided in (d) of this section, the
department may determine the following emission units to be
insignificant on a case-by-case basis: 

(1)  ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal
Water Pollution Control Act, National Pollutant Discharge Elimination
System), and that are used solely for settling suspended solids and
skimming oil and grease; and 

(2)  coffee roasters with a capacity of less than 15 pounds per day of
coffee. 

(i)  Applications – insignificant emission units:  administratively
insignificant sources.  The following emission units might have
significant emissions, but are considered administratively insignificant
emission units for the purpose of operating permit applications: 

(1)  the propulsion of mobile sources; 

(2)  general vehicle maintenance, including vehicle exhaust from repair
stationary sources; and 

(3)  agricultural activities on the property of a stationary source that
are not subject to review by the department under 18 AAC 50.306, 18 AAC
50.311, or 18 AAC 50.502 and are not under common control with the
permitted stationary source.  

(j)  Permit content.  Permit terms and conditions issued under this
section will be developed in accordance with 40 C.F.R. Part 71, adopted
by reference in 18 AAC 50.040, except as follows:

(1)  with respect to any fee requirement or reference, the applicable
provisions of 18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9
does not apply;

(2)  the department will include the expiration date in the permit; the
permit duration and expiration provisions of AS 46.14.230 apply, and 40
C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3)  a stationary source subject to this section will also be subject to
the standard operating permit conditions and other permit conditions as
required by 18 AAC 50.345 and 

18 AAC 50.346; prompt reporting of permit deviations is subject to the
department’s Standard Permit Condition III, adopted by reference in 18
AAC 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)(1) – (B)(4); the
provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the standard
permit conditions of 18 AAC 50.345;

(4)  for purposes of 40 C.F.R. 71.6(c)(6), the department will include
in a Title V permit, consistent with AS 46.14.020(b) and 46.14.180,
terms and conditions that are necessary to implement a requirement of AS
46.14 or this chapter; 

(5)  notwithstanding 40 C.F.R. 71.6(b), a department term or condition
is not federally enforceable unless required by the Clean Air Act; that
term or condition is not subject to affected state review under 40
C.F.R. 71.8; in the permit, the department will identify each term or
condition that is not federally enforceable and not subject to affected
state review;

(6)  inspection and entry requirements are subject to AS 46.14.515; the
provisions o f 40 C.F.R. 71.6(c)(2) do not apply;

(7)  upon request of the applicant, and in accordance with this section,
and with 

40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the
department will establish a plantwide applicability limitation (PAL) in
a Title V permit. 

(k)  Permit review and issuance.  The review and issuance of a permit
under this section will be conducted in accordance with 40 C.F.R. Part
71, adopted by reference, in 18 AAC 50.040 except as follows:

(1)  the department may distribute a public notice to a person by
electronic mail; if a person requests that the department send the
notice by postal mail, the department will send the notice to the person
by postal mail;

(2)  the department will only issue a permit if the permit conditions
provide for compliance with all applicable requirements and the
requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv)
do not apply;

(3)  the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply;
the department will, subject to the provisions of AS 46.14.170 and AS
46.14.220, issue the final permit; if EPA objects to a permit after the
45-day review period in AS 46.14.220 and the department has not issued
the final permit, the department will not issue the final permit until
the objections are resolved if the objections are based on

(A)  a petition filed by a person that is submitted within 60 days after
the review period ends; and



(B)  objections that were raised during the public comment period for
the permit, unless the petitioner shows that raising the objection
during the public comment period was impracticable or that grounds for
the objection arose after the public comment period;

(4)  language in 40 C.F.R. Part 71 that makes related provisions in 40
C.F.R. Part 71 dependent on whether a program has been delegated does
not apply, including the phrase “in the case of a program delegated
pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the
phrase “When a part 71 program has been delegated in accordance with
the provisions of this section,” in 40 C.F.R. 71.10;

(5)  a permit under this section becomes effective 30 days after the
department issues the final permit;

(6)  when the department makes a final decision to approve or deny an
application for a Title V permit, the department will notify the
applicant and any person who commented on the application; a person
described in AS 46.14.200 may request an adjudicatory hearing as
prescribed in 18 AAC 15.195 – 18 AAC 15.340; the provisions of 40
C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an
application, the department will include the reasons for denial;

(7)  the department will keep for five years any record and submit to
the federal administrator any information that the federal administrator
may reasonably require to ascertain whether the state Title V permit
program complies with the requirements under 42 U.S.C. 7661 – 7661f
(Title V, Clean Air Act).

(l)  Significant permit modifications.  If an existing Title V permit
prohibits construction or a change in operation for which a permit or
notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311,
or 18 AAC 50.321, the owner or operator must obtain, in accordance with
40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant
permit modification to the Title V permit before commencing operation
that incorporates the construction or change.  (Eff. 10/1/2004, Register
171; am 12/1/2004, Register 172)

Authority:	AS 46.03.020		AS 46.14.140		AS 46.14.190

		AS 46.14.010		AS 46.14.150		AS 46.14.220

		AS 46.14.020		AS 46.14.170		AS 46.14.230

		AS 46.14.120		AS 46.14.180		AS 46.14.515

		AS 46.14.130

18 AAC 50.330.  Operating permits: exemptions.  Repealed.    (Eff.
1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335.  Operating permits: application.  Repealed. (Eff.
1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register
146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

18 AAC 50.340.  Operating permits:  review and issuance.  Repealed. 
(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002,
Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341.  Operating permits:  reopenings.  Repealed.  (Eff.
6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345.  Construction and operating permits: standard permit
conditions.  (a)  Subsections (b) – (o) of this section set out
standard permit conditions that the department will include in each
operating permit.  The department may include the conditions set out in
(c)(1) and (2) and (d) – (o) of this section in each construction
permit.  The conditions set out in (m) – (o) of this section do not
apply to visible emissions observations by smoke readers, except in
connection with required particulate matter testing.

(b)  Compliance with permit terms and conditions is considered to be in
compliance with those requirements that are

(1)  included and specifically identified in the permit; or

(2)  determined in writing in the permit to be inapplicable.

(c)  The permittee must comply with each permit term and condition. 
Noncompliance with a permit term or condition constitutes a violation of
AS 46.14, this chapter, and, except for those terms or conditions
designated in the permit as not federally enforceable, the Clean Air
Act, and is grounds for

(1)  an enforcement action;

(2)  permit termination, revocation and reissuance, or modification in
accordance with AS 46.14.280; or

(3)  denial of an operating permit renewal application.

(d)  It is not a defense in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to
maintain compliance with a permit term or condition.

(e)  Each permit term and condition is independent of the permit as a
whole and remains valid regardless of a challenge to any other part of
the permit.

(f)  The permit may be modified, reopened, revoked and reissued, or
terminated for cause.  A request by the permittee for modification,
revocation and reissuance, or termination or a notification of planned
changes or anticipated noncompliance does not stay any permit condition.



(g)  The permit does not convey any property rights of any sort, nor any
exclusive privilege.

(h)  The permittee shall allow the department or an inspector authorized
by the department, upon presentation of credentials and at reasonable
times with the consent of the owner or operator to

(1)  enter upon the premises where a source subject to the permit is
located or where records required by the permit are kept;

(2)  have access to and copy any records required by the permit;

(3)  inspect any stationary source, equipment, practices, or operations
regulated by or referenced in the permit; and

(4)  sample or monitor substances or parameters to assure compliance
with the permit or other applicable requirements.

(i)  The permittee shall furnish to the department, within a reasonable
time, any information that the department requests in writing to
determine whether cause exists to modify, revoke and reissue, or
terminate the permit or to determine compliance with the permit.  Upon
request, the permittee shall furnish to the department copies of records
required to be kept by the permit.  The department may require the
permittee to furnish copies of those records directly to the federal
administrator.

(j)  The permittee shall certify all reports, compliance certifications,
or other documents submitted to the department and required under the
permit by including the signature of a responsible official for the
permitted stationary source following the statement:  “Based on
information and belief formed after reasonable inquiry, I certify that
the statements and information in and attached to this document are
true, accurate, and complete.”  Excess emission reports must be
certified either upon submittal or with an operating report required for
the same reporting period.  All other reports and other documents must
be certified upon submittal. 

(k)  In addition to any source testing explicitly required by the
permit, the permittee shall conduct source testing as requested by the
department to determine compliance with applicable permit requirements.

(l)  The permittee may request an extension to a source test deadline
established by the department.  The permittee may delay a source test
beyond the original deadline only if the extension is approved in
writing by the department’s appropriate division director or designee.

(m)  Before conducting any source tests, the permittee shall submit a
plan to the department.  The plan must include the methods and
procedures to be used for sampling, testing, and quality assurance and
must specify how the source will operate during the test and how the
permittee will document that operation.  The permittee shall submit a
complete plan within 60 days after receiving a request under (k) of this
section and at least 30 days before the scheduled date of any test
unless the department agrees in writing to some other time period. 
Retesting may be done without resubmitting the plan.

(n)  At least 10 days before conducting a source test, the permittee
shall give the department written notice of the date and the time the
source test will begin.

(o)  Within 60 days after completing a source test, the permittee shall
submit two copies of the results in the format set out in the Source
Test Report Outline, adopted by reference in 

18 AAC 50.030.  The permittee shall certify the results in the manner
set out in (j) of this section.  If requested in writing by the
department, the permittee must provide preliminary results in a shorter
period of time specified by the department.  (Eff. 1/18/97, Register
141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.140

AS 46.14.010		AS 46.14.130		AS 46.14.180

	AS 46.14.020

18 AAC 50.346.  Construction and operating permits:  other permit
conditions. (a)  For a construction permit or Title V permit, the
department will use the standard permit condition in this subsection,
unless the department determines that emission unit-specific or
stationary source-specific conditions more adequately meet the
requirements of this chapter or that no comparable condition is
appropriate for the stationary source or emission unit.  The
department’s Standard Permit Condition II – Air Pollution
Prohibited, as revised as of August 25, 2004, is adopted by reference.

(b)  In a Title V permit, the department will use the standard permit
conditions listed in this subsection, unless the department determines
that emission unit-specific or stationary source-specific conditions
more adequately meet the requirements of this chapter or that no
comparable condition is appropriate for the Title V source or emission
unit.  The following standard permit conditions prepared by the
department are adopted by reference:

(1)   Standard Permit Condition I – Emission Fees, as revised as of
August 25, 2004;

(2)  Standard Permit Condition III – Excess Emissions and Permit
Deviation Reports, as revised as of August 25, 2004;

(3)  Standard Permit Condition IV – Notification Form, as revised as
of August 25, 2004;

(4)  Standard Operating Permit Condition V – Insignificant Sources, as
revised as of August 25, 2004;

(5)  Standard Operating Permit Condition VI – Good Air Pollution
Control Practices, as revised as of August 25, 2004;

(6)  Standard Operating Permit Condition VII – Operating Reports, as
revised as of August 25, 2004.

(c)  Unless the department determines that emission unit-specific or
stationary source-specific conditions more adequately meet the
requirements of this chapter, the department will use the standard
operating permit conditions listed in Table 7 of this subsection for the
respective emission unit or emission unit types identified in the table.
 The standard operating permit conditions listed in Table 7 are adopted
by reference.



Table 7

Emission Unit or Activity	Standard Permit Condition

-Gas-fired fuel burning equipment, except flares	Standard Operating
Permit Condition VIII – Visible Emissions and Particulate Matter
Monitoring Plan for Gas-Fired Fuel Burning Equipment, August 25, 2004



–Stationary diesel engines

–Liquid-fired stationary turbines 

–Other liquid-fired fuel burning equipment	Standard Operating Permit
Condition  IX –Visible Emissions and Particulate Matter Monitoring
Plan for Liquid-Fired Sources, August 25, 2004



–Coal fired boilers 

–Coal handling equipment

–Construction of gravel pads or roads that are part of a permitted
stationary source, or other construction that has the potential to
generate fugitive dust that reaches ambient air

–Commercial, industrial, municipal solid waste, air curtain, and
medical waste incinerators

–Sewage sludge incinerators not using wet methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under the control of the operator with frequent vehicle
traffic

–Other sources the department finds are likely to generate fugitive
dust

	Standard Operating Permit Condition X – Reasonable Precautions to
Prevent Fugitive Dust, August 25, 2004

–Fuel burning equipment burning liquid fuel	Standard Operating Permit
Condition XI – SO2 Emissions from Oil Fired Fuel Burning Equipment,
August 25, 2004

–Fuel burning equipment burning liquid fuel	Standard Operating Permit
Condition XII – SO2 Material Balance Calculation, August 25, 2004



–Coal fired boilers	Standard Operating Permit Condition XIII – Coal
Fired Boilers, August 25, 2004





(d)   Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.180

	AS 46.14.010		AS 46.14.130		AS 46.14.250

		AS 46.14.020		AS 46.14.140

18 AAC 50.350.  Operating permits:  content.  Repealed.  (Eff. 1/18/97,
Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am
5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.355.  Changes to a permitted facility.  Repealed.  (Eff.
1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.360.  Facility changes that violate a permit condition. 
Repealed.  (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register
171)

18 AAC 50.365.  Facility changes that do not violate a permit condition.
 Repealed.  (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register
171)

18 AAC 50.370.  Administrative revisions.  Repealed.  (Eff. 1/18/97,
Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375.  Minor and significant permit revisions.  Repealed. 
(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98,
Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.380.  General operating permits. Repealed.  (Eff. 1/18/97,
Register 141; am 6/14/98, Register 146; repealed 10/1/2004, Register
171)

18 AAC 50.385.  Permit-by-rule for certain small storage tanks. 
Repealed.  (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register
171)

18 AAC 50.390.  Permit-by-rule for drilling rigs and associated
equipment.  Repealed.  (Eff.  2/2/2002, Register 161; am 2/6/2002,
Register 161; repealed 10/1/2004, Register 171)



Article 4.  User Fees.

Section

400.  Permit administration fees

401.  Fees for a notice of MACT approval

403.  Negotiated service agreements

405.  Transition process for permit fees

410.  Emission fees

420.  Billing procedures

430.  Fee appeal procedures

499.  Definition for user fee requirements

	18 AAC 50.400.  Permit administration fees.  (a)  The permittee, owner,
or operator of a Title V source described under 18 AAC 50.326 shall pay
to the department the annual permit administration fees listed in this
subsection.  Permittees will be invoiced in July for each period from
July 1 through the following June 30.  Each annual permit fee is
one-fifth of the total original permit cost or total cost of permit
renewal.  An annual permit fee listed in this subsection for an original
permit is applicable for five years following the date of the
application for the original permit.  An annual permit fee listed in
this subsection for renewal of a permit is collected in subsequent years
after the fee for an original permit is paid in full.  If a Title V
source has been issued a Title V permit before January 29, 2005, the
permittee, owner, or operator shall pay the applicable annual fee for
permit renewal.  The following permit administration fees apply to 

Title V sources:

(1)  for renewal of a permit for an oil-and-gas source with the
potential to emit more than 250 tons per year of any one pollutant, the 

(A)  annual permit fee is $1,633; and 

(B)  annual compliance review fee is $2,915;

(2)  for renewal of a permit for a large power plant with the potential
to emit more than 250 tons per year of any one pollutant, the 

(A)  annual permit fee is $1,485; and

(B)  annual compliance review fee is $1,700;

(3)  for renewal of a permit for a small power plant with the potential
to emit more than 250 tons per year of any one pollutant, the

(A)  annual permit fee is $1,315; and

(B)  annual compliance review fee is $1,460;

(4)  for an original permit for a Title V source, with the potential to
emit more than 100 and less than 250 tons per year of any one pollutant,
and that is an oil-and-gas source or thermal soil remediation unit, the

(A)  annual permit fee is $2,020; and

(B)  annual compliance review fee is $2,070;

(5)  for renewal of a permit for a Title V source, with the potential to
emit more than 100 and less than 250 tons per year of any one pollutant,
and that is an oil-and-gas source or thermal soil remediation unit, the

(A)  annual permit fee is $1,347; and

(B)  annual compliance review fee is $2,070;

(6)  for an original permit for a small power plant with the potential
to emit more than 100 and less than 250 tons per year of any one
pollutant, the 

(A)  annual permit fee is $1,989; and

(B)  annual compliance review fee is $1,540;

(7)  for renewal of a permit for a small power plant with the potential
to emit more than 100 and less than 250 tons per year of any one
pollutant, the

(A)  annual permit fee is $1,326; and

(B)  annual compliance review fee is $1,540;

(8)  for a Title V source that is operating under the department’s
general operating permit for diesel engines, the annual compliance
review fee is $160;

(9)  for renewal of a permit for a Title V source, other than one
described in (1) – (8) of this subsection, and that has the potential
to emit less than 250 tons per year of any one pollutant, the

(A)  annual permit fee is $1,326; and

(B)  annual compliance review fee is $1,540.

(b)  If the permittee, owner, or operator of a Title V source is subject
to an annual permit fee listed in (a) of this section for renewal of a
Title V permit, and does not apply to renew the Title V permit for that
source, the department will refund any annual permit fees that had been
paid for that renewal.  Annual compliance review fees and annual permit
fees for original permits are not refundable.

(c)  Before the department takes action on any permit application
received, and unless the minor permit is to be issued using the
fast-track procedures in 18 AAC 50.542(b) – (c), the permittee, owner,
or operator of a stationary source described in 18 AAC 50.502(b) who
requests a minor permit must pay a nonrefundable one-time permit fee
listed in this subsection.  The following one-time permit fees apply to
stationary sources listed in 18 AAC 50.502(b):

(1)  for an asphalt plant described in 18 AAAC 50.502(b)(1), a permit
fee of $3,975;

(2)  for a thermal soil remediation unit described in 18 AAC
50.502(b)(2), a permit fee of $5,300;

(3)  for a rock crusher described in 18 AAC 50.502(b)(3), a permit fee
of $2,650;

(4)  for an incinerator described in 18 AAC 50.502(b)(4), a permit fee
of $7,950;

(5)  for a Port of Anchorage stationary source, a permit fee of $7,950;

(6)  for a coal preparation plant, a permit fee of $6,360.

(d)  Before the department takes action on any permit application
received, and if the minor permit is to be issued using the fast-track
procedures in 18 AAC 50.542(b) – (c), the permittee, owner, or
operator of a stationary source described in 18 AAC 50.326 or 

18 AAC 50.502 not subject to (c) of this section who requests a minor
permit must pay a nonrefundable one-time permit fee of $3,975.  However,
if fast-track procedures are not available under 18 AAC 50.542(b)(1),
the permittee, owner, or operator must pay, for a stationary source
other than one described in 18 AAC 50.502(b), and additional
nonrefundable permit fee of $2,650.

(e)  Before the department takes action on an application received for a
permit under 

18 AAC 50.508(2) – (3), the permittee, owner, or operator of a
stationary source must pay a nonrefundable one-time permit fee as
follows:

(1)  for a minor permit establishing or revising a plantwide
applicability limitation (PAL) without an ambient air quality analysis,
a permit fee of $3,975;

(2)  for a minor permit establishing or revising a plantwide
applicability limitation (PAL) with an ambient air quality analysis, a
permit fee of $7,950;

(3)  for a minor permit approving a pollution control project (PCP)
exclusion, a permit fee of $4,770, except as provided in (f) of this
section.

(f)  With a notice submitted under 18 AAC 50.509 for a pollution control
project (PCP) listed in 40 C.F.R. 52.21(b)(32)(i) - (vi), adopted by
reference in 18 AAC 50.040, the owner or operator must submit a
nonrefundable one-time fee of $795.



(g)  If the department prepares a new general operating permit or a new
general minor permit, the department will determine the cost of that
permit by multiplying the number of hours the department spent to
develop the permit by the hourly rate of salary and benefits of the
department employees who developed the permit.  This cost will be
divided by the number of permittees who receive or are expected to
receive the permit to determine the permit administration fee.

(h)  The permittee, owner, or operator of a stationary source shall pay
an annual compliance review fee of $530, to be paid for each period from
July 1 through the following June 30, for a stationary source that is
not classified as needing a Title V permit and that is

(1)  subject to a minor permit under 18 AAC 50.502; the compliance
review fee must be paid in addition to the one-time permit fees in (c) -
(f) of this section or a general minor permit fee in (g) of this
section; or

(2)  required to have a minor permit under 18 AAC 50.502(b), that is
operating under an operating or general operating permit issued before
October 1, 2004.

(i)  Before the department takes action on any request or application
received, the permittee, owner, or operator of a stationary source who
requests a minor permit, review, action, or activity described in this
subsection must pay a nonrefundable one-time permit fee as follows:

(1)  to change a Title I permit by administrative amendment under
AS 46.14.285, a permit fee of $110;

(2)  to change a Title V permit by administrative amendment under 

18 AAC 50.326, or to add a minor permit to a Title V permit by
administrative amendment under 18 AAC 50.542(e), a permit fee of $110,
except as provided in (3) of this subsection;

(3)  to change a Title V permit by administrative amendment to
incorporate, in accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by
reference in 18 AAC 50.040, the requirements from a construction permit
issued under 18 AAC 50.316, a permit fee of $795;

(4)  for department approval of a modeling protocol, a fee of $1,170.

(j)  After the department completes a review, action, or activity
described in this subsection, and sought by the permittee, owner, or
operator of a stationary source described in 18 AAC 50.326 or 18 AAC
50.502, the permittee, owner, or operator will be invoiced for and shall
pay a nonrefundable one-time fee as follows:

(1)  for department review under 18 AAC 50.345(m) of a source test plan,
a fee of $400;

(2)  for department review under 18 AAC 50.345(o) of the results of a
source test, a fee of $400;

(3)  for department review and processing of an excess emission report
or permit deviation report submitted in accordance with a stationary
source's permit, a fee of $26.50;

(4)  for a fee review under 18 AAC 15.190, a fee of $110; the department
will waive the fee charged under this paragraph if the outcome of the
fee review is a reduction of 50 percent or more in the amount of the
disputed fee.

(k)  The permittee, owner, or operator of a stationary source who
requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC
50.508(5) or a preapproved emission limit under 18 AAC 50.230 must pay
the following fees:

(1)  for an ORL,

(A)  a one-time administrative fee of $1,990, to be paid before the
department takes action on any request received; and

(B)  an annual compliance review fee of $110, unless the permittee,
owner, or operator is required to pay an annual compliance review fee
under (a) or (h) of this section;

(2)  for a preapproved emission limit for diesel engines under 18 AAC
50.230(c),

(A)  a one-time administrative fee of $110, to be paid before the limit
takes effect; and

(B)  an annual compliance review fee of $110;

(3)  for a preapproved emission limit for a gasoline distribution
facility considered  under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A)  a one-time administrative fee of $110, to be paid before the limit
takes effect; and

(B)  an annual compliance review fee of $110.

(l)  Except as provided in (m)(10) of this section, the fee for
department approval of open burning under 18 AAC 50.065 is $200.

(m)  Unless the designated regulatory service is subject to a fixed fee
set out in (a) - (l) of this section, or to the terms of a negotiated
service agreement under AS 37.10.052(b) and 18 AAC 50.405, the
permittee, owner, or operator shall pay an hourly permit administration
fee for a designated regulatory service.  The department will calculate
the total amount due under this subsection by multiplying the number of
hours the department spent to provide the designated regulatory service
by the hourly rate of salary and benefits of the department employees
who provided the designated regulatory service, and by adding to the
resulting amount any other direct costs.  Designated regulatory services
subject to this subsection include regulatory services for

(1)  a minor permit under 18 AAC 50.502(c)(1), if a construction permit
is not required under AS 46.14.130(a) for that stationary source;

(2)  a minor permit under 18 AAC 50.502(c)(3);

(3)  an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, if
requested under 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 50.542(d)
by the permit applicant; at the request of the permittee, and if the
permittee is current on all other billings in the department, the
department will hold in abeyance a fee charged under this paragraph
during the course of the adjudicatory hearing;

(4)  a minor modification to a Title V permit under 40 C.F.R.
71.7(e)(1), adopted by reference in 18 AAC 50.040;

(5)  a significant modification to a Title V permit under 40 C.F.R.
71.7(e)(3), adopted by reference in 18 AAC 50.040;

(6)  a clean unit designation in accordance with 40 C.F.R. 52.21(y),
adopted by reference in 18 AAC 50.040;

(7)  revision or rescission of terms or conditions of a Title I permit;

(8)  observation of a source test;

(9)   pre-application assistance;

(10)  department approval of open burning under 18 AAC 50.065, if the
department determines that smoke incursion into a public place, into an
airport, into a Class I area, into a nonattainment area for carbon
monoxide or PM-10, or into a maintenance area for carbon monoxide or
PM-10 is likely;

(11)  compliance and enforcement activities, including preparation of a
notice of violation, compliance order by consent, settlement agreement,
or consent decree; however, for purposes of this paragraph, compliance
and enforcement activities do not include activities after the filing of
a complaint in court;

(12)  completion of a permitting action that was requested before
January 29, 2005, except as provided in 18 AAC 50.405;

(13)  the reopening of permit terms or conditions at the request of the
permittee, owner, or operator before issuance of a permit.

(n)  In this section,

(1)  "airport" has the meaning given in AS 02.25.100;

(2)  "large power plant"

(A)  means a Title V source

(i)  that contains a coal-fired boiler;

(ii)  the purpose of which is to generate electricity, and that contains
a combustion turbine electric generator or natural gas-fired steam
plant; or

(iii)  that has a potential to emit a total greater than or equal to 500
tons per year of regulated air pollutants in the aggregate, and that
contains emission units used to provide power to a mine or military
base; and

(B)  does not include a Title V source that operates under the
department's general permit for diesel engines;

(3)  "oil-and-gas source" means a Title V source not described in (2)(A)
of this subsection, the purpose of which is the exploration for,
extraction of, processing of, transportation of, or storage of crude
oil, natural gas, or other petroleum products, or related activities;
"oil-and-gas source" does not include a petroleum refinery or liquefied
natural gas (LNG) plant;

(4)  "public place" has the meaning given in AS 46.06.150;

(5)  "small power plant"

(A)  means a Title V source not described in (2)(A) or (3) of this
subsection

(i)   the purpose of which is to generate electricity, and that contains
one or more diesel-fired internal combustion engines to generate power

(ii)  the purpose of which is seafood processing; or

(iii)  that has a potential to emit a total less than 500 tons per year
of regulated air pollutants in the aggregate, and that contains emission
units used to provide power to a mine or military base; and

(B)  does not include a Title V source that operates under the
department's general permit for diesel engines.  (Eff. 1/18/97, Register
141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004,
Register 172; am 1/29/2005, Register 173)

Authority:	AS 37.10.050		AS 44.46.025		AS 46.14.140

AS 37.10.052		AS 46.03.020		AS 46.14.240

AS 37.10.058

18 AAC 50.401.  Fees for a notice of MACT approval.  Repealed.  (Eff.
10/1/2004, Register 171; repealed 1/29/2005, Register 173)

18 AAC 50.403.  Negotiated service agreements.  If a fixed permit
administration fee has not been set under 18 AAC 50.400(a) - (l)  for a
designated regulatory service, the permittee, owner, or operator of a
stationary source may request a negotiated service agreement under
AS 37.10.052(b) for that designated regulatory service.  If requesting
a negotiated service agreement for one or more of the following
designated regulatory services, the permittee, owner, or operator must
submit a retainer payment of $5,300 per designated regulatory service
before the department begins negotiations:

(1)  a minor permit under 18 AAC 50.502(c)(2)(B);

(2)  a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3)  a major modification of a major stationary source;

(4)  a construction permit under 18 AAC 50.302 for a new stationary
source or modification subject to the construction permitting
requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5)  a permit for the construction of a new stationary source or
addition of an emission unit at a stationary source, if the stationary
source is

(A)  in a sulfur dioxide special protection area established under 

18 AAC 50.025(c);

(B)  in the Nikiski Industrial Area; or

(C)  on an offshore platform;

(6)  a major modification of a major stationary source, for which a
limit is requested specifically to avoid review under 18 AAC 50.306;

(7)  a minor permit under 18 AAC 50.508(4);

(8)  the renewal of a Title V permit for a Title V source for which fees
are not established under 18 AAC 50.400(a);

(9)  a notice of MACT approval under 18 AAC 50.321.  (Eff. 1/29/2005,
Register 173; am 12/3/2005, Register 176)

Authority:	AS 37.10.050		AS 44.46.025		AS 46.14.140

		AS 37.10.052		AS 46.03.020		AS 46.14.240

		AS 37.10.058



18 AAC 50.405.  Transition process for permit fees.  For a permit issued
under this chapter, if the applicant has submitted an application before
January 29, 2005 and the department has not yet worked on that permit
application, at the request of the applicant, the department will
process the permit under the provisions of 18 AAC 50.400 - 18 AAC 50.499
in effect on January 29, 2005.  Any retainer submitted before January
29, 2005 will be applied to any fees effective after January 29, 2005. 
(Eff. 1/29/2005, Register 173)

Authority:	AS 37.10.050		AS 46.03.020		AS 46.14.240

		AS 44.46.025		AS 46.14.140

18 AAC 50.410.  Emission fees.  (a)  On or after July 1, 2005, 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.

(b)  Except as provided in (c) of this section, the rate is $12.52 per
ton for emissions of each air pollutant if a stationary source emits
more than 10 tons of that air pollutant for that year, except that the
emission fee for reduced sulfur compounds or ammonia is limited to the
first 4,000 tons of emissions in the year.

(c)  The quantity of emissions for which fees will be assessed is the
lesser of the stationary source’s 

(1)  potential to emit; or

(2)  projected annual rate of emissions, as that term is used in AS
46.14.250, if demonstrated by 

(A)  an enforceable test method described in 18 AAC 50.220; 

(B)  material balance calculations;

(C)  emission factors from EPA’s Compilation of Air Pollutant Emission
Factors, Volume I:  Stationary Point and Areas Sources, adopted by
reference in 

18 AAC 50.035; or

(D)  other methods and calculations approved by the department.

(d)  For a stationary source that needs an operating permit only because
that source contains an emission unit that is subject to a federal
emission standard under 42 U.S.C. 7411 or 42 U.S.C. 7412, and that is
not described in (a)(2) or (a)(3) of this section, only emissions from
the emission unit subject to that standard are subject to emission fees
under this section.



(e)  In emissions projections prepared under AS 46.14.250(h)(1)(B) and
(c)(2) of this section, the permittee, owner, or operator shall account
for emissions from equipment classified under 18 AAC 50.100 that
temporarily replaces or substitutes for permanently installed equipment
at a stationary source. 

(f) Notwithstanding (a)-(d) of this section, for the projected annual
rate of emissions for a portable oil and gas operation under a general
minor permit under 18 AAC 50.560, the permittee shall pay the emission
fee

	(1) at the time of application or notification for operation that will
occur in the same state fiscal year;

	

(2) for operation that will occur during more than one state fiscal year
under 

a single application or notification, after billing under 18 AAC 50.420
by the department for any subsequent state fiscal year; and

		

(3) at the following rates for a single portable oil and gas operation
for which the

owner or operator submits a new application or notification for
operation under the general minor permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes
North latitude,

(i)  $1,808 for operation at one or more ice pads during a winter
drilling season;

(ii)  $5,424 for operation during a state fiscal year at one or more
sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside the area described in
(A) of this paragraph,

 

(i)  $1,685 for drilling five or fewer wells under the same application
or notification during a state fiscal year;

(ii)  $3,370 for drilling no fewer that six and no more than 10 wells
under the same application or notification during a state fiscal year;

(iii)  $5,055 for drilling 11 or more wells under the same application
or notification during a state fiscal year.

(g) For purposes of this section, “state fiscal year” means a year
beginning on July 1 of one calendar year and ending on June 30 of the
following calendar year. (Eff. 1/18/97, Register 141; am 5/3/2002,
Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171;
am 1/29/2005, Register 173; am 12/3/2005, Register 176)

Authority:	AS 44.46.025		AS 46.14.140		AS 46.14.250

AS 46.03.020		

18 AAC 50.420.  Billing procedures.  (a)  The department will bill
emission fees assessed under 18 AAC 50.410(a) on or before July 1 of
each year in a manner consistent with AS 46.14.250.  The department will
bill fixed permit administration fees under AS 46.14.240 and 18 AAC
50.400(a) - (l)

(1)  on or before the 15th of July; however, for the period from January
29, 2005 through June 30, 2005, the permit administration fees will be
billed on or after January 29, 2005 and prorated for that time period;
or

(2)  quarterly on or before January 15, April 15, July 15, and October
15 if requested in writing by the person required to pay the fee.

(b)  On or before the 15th of each month, the department will bill
permit administration fees for designated regulatory services rendered
during the preceding month under 

18 AAC 50.400(m).  However, for reviews of excess emission reports, the
department will bill on a semiannual basis if requested in writing by
the person required to pay the fee.

(c)  Fees assessed under this chapter are due within 60 days after the
billing date.  A payment that is past due accrues interest at the rate
set in AS 46.14.255 unless the person required to pay the fee
successfully disputes the fee or a portion of the fee under 18 AAC
50.430.  Interest will be charged on the unpaid balance, beginning on
the 61st day after the billing date.

(d)  A person required to pay an emission fee under 18 AAC 50.410 may
pay that fee in equal quarterly installments if

(1)  the fee exceeds $1,000; and

(2)  a written request is submitted to the department with the first
installment before the due date described in (c) of this section.

(e)  If installment payments are requested under (d) of this section,
the remaining three installments, including interest accrued as
described in (c) of this section, must be paid on or before October 15,
January 15, and April 15 of each year.

(f)  An owner, operator, or permittee who

(1)  increases a stationary source's assessable emissions through a
permit revision shall pay to the department an emission fee for the
increase in assessable emissions; the fee is due within 60 days after
the effective date of the permit revision; or



(2)  decreases the stationary source's assessable emissions through a
permit revision may request a prorated refund or credit to the
stationary source's fee account toward future fees.

(g)  The owner, operator, or permittee who terminates operations or
whose permit has lapsed or is terminated by the department may request a
refund calculated by the department for fees collected in excess of the
amount due for the stationary sources' actual emissions.

(h)  Unless the owner, operator, or permittee requests otherwise, an
invoice for emission fees or permit administration fees will be sent to
the last known address of the stationary source that is subject to the
fee.  In an invoice, the department will include an itemized list of
charges and credits for the billing period and a calculation of total
credit balance or amount due on the account.  For permit administration
fees for designated regulatory services under 

18 AAC 50.400(m), the department will also include as part of the
itemized list the

(1)  date on which the task was performed and a description of the task;

(2)  name of the individual who performed the task; and

(3)  the time spent on the task on that date and the charge for the
task, determined under 18 AAC 50.400(m).  (Eff. 1/18/97, Register 141;
am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005,
Register 173)

Authority:	AS 44.46.025		AS 46.14.140		AS 46.14.250

AS 46.03.020		AS 46.14.240		AS 46.14.255

18 AAC 50.430.  Fee appeal procedures.  (a)  A person who disputes the
imposition of a fee under AS 46.14 or this chapter or who disputes the
computation of charges may request review under 18 AAC 15.190.

(b)  Repealed 7/11/2002. 

(c)  Repealed 7/11/2002.  (Eff. 1/18/97, Register 141; am 7/11/2002,
Register 163)

Authority:	AS 44.46.025		AS 46.14.140		AS 46.14.250

AS 46.03.020		AS 46.14.240	

18 AAC 50.499.  Definitions for user fee requirements.  In 18 AAC 50.400
– 

18 AAC 50.499, unless the context requires otherwise,

(1)  “designated regulatory service” has the meaning given in AS
37.10.058;

(2)  “direct cost” has the meaning given in AS 37.10.058;

(3)  “hourly rate of salary and benefits” has the meaning given in
AS 37.10.058.  (Eff. 1/29/2005, Register 173)

Authority:  	AS 37.10.050		AS 44.46.025		AS 46.14.140

		AS 37.10.052		AS 46.03.020		As 46.14.240

		As 37.10.058

Article 5.  Minor Permits.

Section 

502.  Minor permits for air quality protection

508.  Minor permits requested by the owner or operator

509.  Construction of a pollution control project without a permit

540.  Minor permit: application

542.  Minor permit: review and issuance

544.  Minor permits: content

546.  Minor permits: Revisions

560.  General minor permits

18 AAC 50.502.  Minor permits for air quality protection.  (a)  A minor
permit is required as described in (b) - (f) of this section, except
that a permit is not required under this section 

(1)  before construction, modification, or relocation of a new major
stationary source or major modification that requires a permit under 18
AAC 50.306 – 18 AAC 50.311; however, a minor permit is required under
this section for an air pollutant if that air pollutant is not
significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC
50.040, and if a permit is not required under 18 AAC 50.311; a minor
permit that is required under this paragraph for that air pollutant will
be issued as part of the major permit; 

(2)  before operation if the stationary source needs a Title V permit;
however, the need for a Title V permit does not exempt a stationary
source from the requirement for a minor permit for construction,
modification, or relocation; 

(3)   before relocation if the stationary source is already allowed by
permit to operate at the new location; or

(4)  as provided in (g) of this section.

(b)  Except as provided in (a) or (d) of this section, the owner or
operator must obtain a minor permit under this section before
construction, operation, or relocation of a stationary source containing

(1)  an asphalt plant with a rated capacity of at least five tons per
hour of product;

(2)  a thermal soil remediation unit with a rated capacity of at least
five tons per hour of untreated material;

(3)  a rock crusher with a rated capacity of at least five tons per
hour;

(4)  one or more incinerators with a cumulative rated capacity of 1,000
pounds or more per hour;

(5)  a coal preparation plant; or

(6)  a Port of Anchorage stationary source.

(c)  The owner or operator must obtain a minor permit under this section
before commencing 

(1)  construction of a new stationary source with a potential to emit
greater than

			(A)  15 TPY of PM-10;

(B)  40 TPY of nitrogen oxides;

(C)  40 TPY of sulfur dioxide;

(D)  0.6 TPY of lead; or 

(E)  100 TPY of carbon monoxide within 10 kilometers of a nonattainment
area; or

(2)  construction or, if not already authorized in a permit under this
chapter, relocation

(A) on or after December 3, 2005 of a portable oil and gas operation,
unless the owner or operator

(i) complies with an existing operating permit developed for the
portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete
Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of
10 million Btu or more per hour in a sulfur dioxide special protection
area established under 18 AAC 50.025(c); or

(3)  a physical change to or change in the method of operation of an
existing stationary source with a potential to emit an air pollutant
greater than an amount listed in (1) of this subsection that will cause
for that pollutant an emissions increase calculated at the discretion of
the owner or operator as either an increase in 

(A)  potential to emit that is greater than 

(i)  10 TPY of PM-10

(i)  10 TPY of sulfur dioxide;

(iii)  10 TPY of nitrogen oxides; or

(iv)  100 TPY of carbon monoxide for a stationary source within 10
kilometers of a nonattainment area; or

(B)  actual emissions and a net emissions increase greater than 

(i)  10 TPY of PM-10

(i)  10 TPY of sulfur dioxide;

(iii)  10 TPY of nitrogen oxides; or

(iv)  100 TPY of carbon monoxide for a stationary source within 10
kilometers of a nonattainment area.

(d)  An owner or operator may satisfy the requirement for a minor permit
under this section through a stationary source-specific permit issued
under 18 AAC 50.540 – 

18 AAC 50.544 or a general minor permit under 18 AAC 50.560.  An owner
or operator may apply for a minor permit under this section that is
valid at multiple locations.  The owner or operator of a stationary
source listed in (b) of this section 

(1)  if operating under an operating permit issued before October 1,
2004 may 

(A)  continue to operate under that permit, which remains in effect
regardless of the stated expiration date in the permit, unless the
department takes an action under AS 46.14.280; or

(B)  apply for a new permit under this section at any time; or

(2)  if qualified, may apply for an operate under a general operating
permit that was issued before October 1, 2004 and that has not expired
or been revoked by the department as of the date the department receives
a complete application; the owner or operator may

(A)  continue to operate under that permit, which remains in effect
regardless of the stated expiration date in the permit, unless the
department takes action under AS 46.14.280; or

(B)  apply for a new permit under this section at any time..

(e)  For the purposes of (c)(3) of this section, actual emissions shall
be calculated by comparing projected actual emissions to the baseline
actual emissions.  In determining the projected actual emissions, before
beginning actual construction, the owner or operator of the stationary
source shall



(1)  consider all relevant information, including historical operational
data, the owner’s or operator’s own representations, the owner’s
or operator’s expected business activity and the owner’s or
operator’s highest projections of business activity, the owner’s or
operator’s filings with the state or federal regulatory authorities,
and compliance plans under AS 46.14.120; and

(2)  include fugitive emissions to the extent quantifiable and emissions
associated with startups, shutdowns, and malfunctions; and

(3)  exclude, in calculating any increase in emissions that results from
the particular project, that portion of the unit's emissions following
the project that an existing unit could have accommodated during the
consecutive 24-month period used to establish the baseline actual
emissions and that are also unrelated to the particular project,
including any increased utilization due to product demand growth.

(f)   If the owner or operator elects to base permit applicability for a
modification on a calculation of actual emissions, if the project does
not need a minor permit based on that calculation, and if a reasonable
possibility exists that the project may result in an emissions increase
greater than the thresholds in (c)(3) of this section, the owner or
operator shall comply with the following:

(1)  before beginning actual construction of the project, the owner or
operator shall document and maintain a record of the following
information:

(A)  a description of the project;

(B)  identification of each emission unit that has emissions of a
regulated NSR pollutant that could be affected by the project; and

(C)  a description of the applicability test used to determine that the
project is not a modification subject to (c)(3) of this section for any
regulated NSR pollutant, including the baseline actual emissions, the
projected actual emissions, the amount of emissions excluded under
(e)(3) of this section, an explanation for why that amount was excluded,
and any netting calculations, if applicable;

(2)  if the emission unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information listed in(1) of this
subsection to the department; 

(3)  the owner or operator shall monitor the emissions of any regulated
NSR pollutant that could increase as a result of the project and that is
emitted by any emission unit identified in (1)(B) of this subsection,
and shall calculate and maintain a record of the annual emissions, in
tons per year on a calendar year basis, for a period of five years
following resumption of regular operations after the project, or for a
period of 10 years following resumption of regular operations after the
project if the project increases the design capacity of or potential to
emit that regulated NSR pollutant at that emission unit;



(4)  if the emission unit is an existing electric utility steam
generating unit, the owner or operator shall submit a report to the
department within 60 days after the end of each year during which
records must be generated under (3) of this subsection setting out the
unit's annual emissions during the calendar year that preceded
submission of the report. 

(5)  if the emissions unit is an existing unit other than an electric
utility steam generating unit, the owner or operator shall submit a
report to the department if the annual emissions, in tons per year, from
the project identified in (1) of this subsection, exceed the baseline
actual emissions, as documented and maintained under (1)(C) of this
subsection, by an amount exceeding the thresholds in (c)(3) of this
section for that regulated NSR pollutant, and if those emissions differ
from the reconstruction projection as documented and maintained under
(1)(C) of this subsection; the report shall be submitted to the
department within 60 days after the end of that year; the report must
contain the following:

(A)  the name, address, and telephone number of the stationary source;

(B)  the annual emissions as calculated under (3) of this subsection; 

(C)  any other information that the owner or operator wishes to include
in the report.

(g)  An increase in emissions under (c)(3) of this section does not
require a permit under that paragraph if 

(1)  the emission unit is designated as a clean unit under 40 C.F.R.
52.21(x) – (y), adopted by reference in 18 AAC 50.040;

(2)  the project is approved to use the pollution control project (PCP)
exclusion under 40 C.F.R. 52.21(z), adopted by reference in 18 AAC
50.040; or

(3)  a plantwide applicability limitation (PAL) is established for the
stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18
AAC 50.040.  

(h)  For the purposes of this section 

(1)  “baseline actual emissions” has the meaning given in 40 C.F.R.
52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that
definition the term “major stationary source” is revised to read
“stationary source within the meaning given in AS 46.14.990”;

(2)  “electric utility steam generating unit” has the meaning given
in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by
reference;

(3)  “net emissions increase” has the meaning given in 40 C.F.R.
52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net
emissions increase” applies to 

(A)  any increase in emissions of an air pollutant at a stationary
source with existing emissions of that air pollutant greater than the
amounts listed in (c)(1) of this section; notwithstanding 40 C.F.R.
52.21(a)(2)(iv), as reference in 40 C.F.R. 52.21(b)(3)(i)(a), “net
emissions increase” is not restricted to a significant emissions
increase or significant net emissions increase within the meaning of 40
C.F.R. 52.21(b)(3), (23), and (40, or to a major stationary source; and

(B)  the calculation of whether a modification requires a minor permit
under (c)(3) of this section, rather than whether the modification is a
major modification;

(4)  “projected actual emissions” means the maximum annual rate, in
tons per year, at which an existing emission unit is projected to emit a
regulated NSR pollutant in any one of the five 12-month periods
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or the
potential to emit that regulated NSR pollutant and full utilization of
the unit would result in an emissions increase or a net emissions
increase greater than a threshold in (c)(3) of this section.  (Eff.
10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005,
Register 176)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140

18 AAC 50.508.  Minor permits requested by the owner or operator.  An
owner or operator may request a minor permit from the department for  

(1)  designating an emission unit at a major stationary source as a
clean unit in accordance with 40 C.F.R. 52.21(y); the provisions of 40
C.F.R. 52.21, adopted by reference in 18 AAC 50.040, apply to a clean
unit designated by a permit issued under this chapter;

(2)  approving a project at a major stationary source for a pollution
control project (PCP) exclusion, except for a project that may be
designated as a PCP without a permit under 

18 AAC 50.509; the provisions of 40 C.F.R. 52.21(z), adopted by
reference in 18 AAC 50.040, apply to a PCP exclusion approved under this
chapter;

(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;

(5)  establishing an owner requested limit (ORL) for a stationary
source; the owner or operator may avoid a permit classification under AS
46.14.130 if the department approves an owner requested limit on the
source’s ability to emit air pollutants; a limitation approved under
an ORL is an enforceable limitation for the purpose of determining 

(A)  stationary source-specific allowable emissions; and

(B)  a stationary source’s potential to emit; or

(6)  revising or rescinding the terms and conditions of a Title I permit
issued under this chapter.  (Eff. 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140

	18 AAC 50.509.  Construction of a pollution control project without a
permit.  Notwithstanding 18 AAC 50.508, and immediately after receipt by
the department of notice from an owner or operator, the owner or
operator may begin, without a permit, actual construction of a pollution
control project (PCP) listed in 40 C.F.R. 52.21(b)(32)(i) - (vi),
adopted by reference in 18 AAC 50.040, unless a permit is required under
this chapter or a notice of MACT approval under 18 AAC 50.321 is
required under this chapter for the project.  A notice received under
this section from the owner or operator must contain the information
listed in 40 C.F.R. 52.21(z)(3), adopted by reference in 18 AAC 50.040.
To maintain eligibility for the PCP exclusion, the owner or operator
must respond to any requests by the department for additional
information that the department determines is necessary to evaluate the
suitability of the project for the PCP exclusion.  (Eff. 10/1/2004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.140

		AS 46.14.010		AS 46.14.130		AS 46.14.170

		AS 46.14.020

		

18 AAC 50.540.  Minor permit: application.  (a)  Application
information.  An application for a stationary source-specific minor
permit must provide all of the information required by this section,
including all information required by the applicable listed forms,
unless the department specifies that the provision of one or more
specific items makes the provision of additional items unnecessary for
the department’s determination. Applications must be on department
forms.  

(b)  General information.  Each application must include the information
prescribed by the Stationary Source Identification Form, included in the
department’s Minor Permit Application Forms, adopted by reference in
18 AAC 50.030.

(c)  Minor permit for air quality protection.  Except for a Port of
Anchorage stationary source, a permit application under 18 AAC 50.502
must include 

(1)  the information required in the following forms, included in the
department’s Minor Permit Application Forms, adopted by reference in
18 AAC 50.030:

(A)  the Emission Unit Information Form;

(B)  the Emission Summary Form; and 

(2)  for a permit for construction, modification, or relocation of a
stationary source, a demonstration that the proposed potential emissions
from the stationary source will not interfere with the attainment or
maintenance of the ambient air quality standards; the ambient
demonstration must follow an approved modeling protocol if the
department requests a modeling protocol for demonstrating compliance
with ambient air quality standards; unless the department has made a
finding in writing that the stationary source or modification does not
need an ambient analysis to determine that construction and operation
will not result in a violation of an ambient air quality standard, the
application must include an ambient analysis for 

(A)  each air pollutant for which a permit is required under 

18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and
gas operation;

(C)  sulfur dioxide for a stationary source in an sulfur dioxide special
protection area established under 18 AAC 50.025(c); or

(D)  an air pollutant for which the department requests an analysis for
a stationary source classified under 18 AAC 50.502(b).

(d)  Carbon monoxide source or modification.  For construction that
would increase carbon monoxide emissions by 100 TPY or more within 10
kilometers of a nonattainment area, an application must include a
demonstration that the potential to emit carbon monoxide emissions from
construction and operation of the stationary source or emissions
increase from the modification will not cause or contribute to a
violation of the ambient air quality standard for carbon monoxide.

(e)  Port of Anchorage.  For a Port of Anchorage stationary source, the
application must include the information required in the department’s
Air Quality Compliance Certification Procedures for Volatile Liquid
Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference
in 18 AAC 50.030.

(f)  Clean units.  An application for a minor permit making a clean unit
designation must include a demonstration that the unit meets the
criteria for a clean unit in 40 C.F.R. 52.21(y)(3) and (4), adopted by
reference in 18 AAC 50.040.

(g)  Pollution control project (PCP).  An application for a minor permit
approving a pollution control project (PCP) exclusion must include the
information listed in 40 C.F.R. 52.21(z)(3)(i) – (v), adopted by
reference in 18 AAC 50.040.

(h)  Plantwide applicability limitation (PAL).  An application for a
minor permit establishing or revising a plantwide applicability
limitation (PAL) must include the information listed in 40 C.F.R.
52.21(aa)(3), adopted by reference in 18 AAC 50.040.  As the department
considers necessary to evaluate impacts on ambient air quality
standards, the department will require the application to include a
demonstration that emissions under the PAL will not cause or contribute
to a violation of ambient air quality standards.

(i)  Offsetting emissions.  An application for a minor permit for a
limitation to establish offsetting emissions must specify the physical
or operational limitations necessary to provide actual emission
reductions of the nonattainment air pollutant; including

(1)  a calculation of the expected reduction in actual emissions; and

(2)  the emission limitation representing that quantity of emission
reduction.

(j)  Owner requested limits (ORLs).  An application for a minor permit
establishing an owner requested limit (ORL) must include the information
and materials required under 

18 AAC 50.225(b)(2) – (7).  

(k)  Revising or rescinding permit conditions.  An application for a
minor permit revising or rescinding terms or conditions of a Title I
permit must include

(1)  a copy of the Title I permit that established the permit term or
condition;

(2)  an explanation of why the permit term or condition should be
revised or rescinded;

(3)  the effect of revising or revoking the permit term or condition on
emissions, other permit terms, and compliance monitoring; and 

(4)  for a condition that allows an owner or operator to avoid a permit 

classification, the information required of an applicant for that type
of permit, unless the revised condition would also allow the owner or
operator to avoid the classification.  (Eff. 10/1/2004, Register 171; am
12/1/2004, Register 172; am 12/3/2005, Register 176)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140



18 AAC 50.542.  Minor permit:  review and issuance.  (a)  Permit
issuance procedure options.  The department will use either the
fast-track procedures in (b) and (c) of this section, or the procedures
in (d) of this section to issue a stationary source-specific minor
permit.  The fast-track procedures are available for a permit
classification under 18 AAC 50.502 if the application qualifies under
(b) and (c) of this section, unless

(1)  the stationary source is

(A)  classified under 18 AAC 50.502(c) for carbon monoxide emissions;

(B)  in a sulfur dioxide special protection area established under 

18 AAC 50.025(c);

(C)  in the Nikiski Industrial Area; or

(D)  on an offshore platform; or

(2)  a person requests a public comment period under (b)(1) of this
section.

(b)  Fast-track procedures.  Fast-track procedures for minor permits
under 

18 AAC 50.502 are as follows:

(1)  upon receiving a complete application the department will give
notice using the Alaska Online Public Notice System established under AS
44.62.175, by mail or electronic mail to persons on a list maintained by
the department, including any person who requests to be notified, and by
other means the department finds necessary for informing the public; if
a person requests to be sent notice by postal mail instead of electronic
mail, the department will send the notice by postal mail; in the notice,
the department will

 

(A)  include a summary of the information provided by the applicant, and

(B)  give any person 15 days to request a 30-day public comment period
under (d) of this section; if a comment period is requested, the
department will make a preliminary decision and issue a public notice
under (d) of this section;

(2)  if required by the department, the owner or operator shall apply
online;

(3)  for an air pollutant for which a permit is required under 18 AAC
50.502(c), or for an air pollutant for which the department requests an
analysis for a stationary source classified under 18 AAC 50.502(b), the
application must include a screening ambient air quality analysis in
accordance with (c) of this section, unless the department has made a
finding in writing that the stationary source or modification does not
need an ambient air quality analysis to determine that construction and
operation will not result in a violation of an ambient air quality
standard;

(4)  the fast-track procedures are available only if all predicted air
pollutant concentrations meet the compliance criteria in (c)(2) of this
section; 

(5)  if the approval criteria of (f) of this section are met, the
department will issue the permit within 30 days after receiving the
application.

(c)  Screening ambient air quality analysis.  A screening ambient air
quality analysis under (b)(3) of this section 

(1)  must

(A)  follow a modeling protocol developed by the department or otherwise
approved by the department that is suitable for fast-track permitting;
the department will approve the protocol for a screening level modeling
demonstration if it finds that the department would be able to
adequately review the resulting modeling demonstration in the time
available for fast-track permitting;

(B)  use a model and screening meteorological data approved by the
department for the fast-track procedure;

(2)  is considered to show compliance with the ambient air quality
standard for an air pollutant and averaging period if

(A)  for a new stationary source or modification, the predicted ambient
air concentration from the stationary source, excluding offsite or
background contributions, does not exceed 2/3 of each ambient standard
for PM-10, or 80 percent of each ambient standard for sulfur dioxide or
nitrogen oxides;

(B)  for a modification, the predicted concentration resulting from the
increase is less than the significant impact levels in Table 5 in 18 AAC
50.215(d); or

(C)  for a modification, if the owner or operator has completed a
previous ambient analysis that adequately characterizes the stationary
source as it existed before the modification and, the sum of the highest
ambient air concentration from the previous analysis plus the highest
predicted ambient air concentration resulting from the increase is less
than the concentration described in (A) of this paragraph.

(d)  Procedures that include a public comment period.  The department
will use the following procedures to issue a permit under 18 AAC 50.508
or to issue a permit under 

18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this
section are not available:



(1)  no later than 30 days after an application is determined or
considered to be complete under AS 46.14.160 or additional information
is submitted in accordance with 

AS 46.14.160(c), the department will make a preliminary decision to
approve or deny the application; the department will provide notice and
opportunity for public comment on the department’s preliminary
decision as follows:

(A)  the department will provide at least 30 days for the public to
submit comments;

(B)  the department will give notice  

(i)  using the Alaska Online Public Notice System established under AS
44.62.175;

(ii)  by mail or electronic mail to persons on a list maintained by the
department, including any person who requests to be notified; if a
person requests to be sent notice by postal mail instead of electronic
mail, the department will send the notice by postal mail; and

(iii)  by other means the department finds necessary for informing the
public; 

(C)  the department will make available for public inspection in at
least one location in the affected area

(i)  the information submitted by the owner or operator;

(ii)  any department analysis on the effect on air quality;

(iii)  the reasons for the department’s preliminary approval or
denial; and 

(iv)  if the department proposes to approve the application, a copy of
the proposed permit;

(D)  for a request under 18 AAC 50.508(6) to revise a construction
permit issued under 18 AAC 50.306 – 18 AAC 50.316, the department will
provide an opportunity for public hearing in accordance with 40 C.F.R.
51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and 

(E)  the department will make a preliminary decision to approve the
application only if the application includes all information required by
18 AAC 50.540, and the department finds that the approval criteria of
(f) of this section will be met; the department will include in a
preliminary permit any conditions necessary to assure compliance with
this chapter;



(2)  the department will notify the applicant, and any person who
commented on the department’s preliminary decision, of the
department’s final decision to approve or deny the permit application;
a person described in AS 46.14.200 may request an informal or
adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340;
in a notification of denial of an application, the department will
include the reasons for denial.

(e)  Adding a minor permit to a Title V permit by administrative
amendment.  An owner or operator may add the conditions of a minor
permit to a Title V permit by administrative amendment if

(1)  the minor permit is issued using procedures that satisfy the
requirements of both this section and 18 AAC 50.326; and

(2)  the permit contains terms and conditions that satisfy the
requirements of both 18 AAC 50.544 and 18 AAC 50.326.

(f)  Approval criteria.  The department will

(1)  deny a minor permit application for a stationary source or
modification classified under 18 AAC 50.502 if the department finds that
construction and operation will result in a violation of

(A)  a requirement of 18 AAC 50.045 – 18 AAC 50.090; or

(B)  an ambient air quality standard;

(2)  deny a minor permit application for carbon monoxide emissions near
a nonattainment area if the department finds that construction and
operation of the stationary source will cause an ambient concentration
that exceeds a carbon monoxide concentration in Table 5 in 18 AAC 50.215
at a location that does not or would not meet an ambient air quality
standard for carbon monoxide;

(3)  deny a minor permit for a Port of Anchorage stationary source if
the department finds that construction and operation of that source will
result in a violation of a requirement of 18 AAC 50.045 – 18 AAC
50.090; 

(4)  approve a minor permit for designating a clean unit, if the
department finds that the emission unit satisfies the criteria for a
clean unit in 40 C.F.R. 52.21(y), adopted by reference in 18 AAC 50.040;

(5)  approve a minor permit to use a pollution control project (PCP)
exclusion, if the department finds that the project satisfies the
criteria for a PCP in 40 C.F.R. 52.21(z), adopted by reference in 18 AAC
50.040;

(6)  approve a minor permit for establishing or revising a PAL, if the
department finds that the emission unit satisfies the criteria for a PAL
in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if
the department required an ambient air quality analysis, that emissions
under the PAL will not cause or contribute to a violation of an ambient
air quality standard;

(7)  approve a minor permit for a limitation requested under 18 AAC
50.508(4) to establish offsetting emissions, if the department finds
that permanent, actual emission reductions of the nonattainment air
pollutant will result from the limitations proposed in the application;

(8)  approve a minor permit establishing an owner requested limit under 

18 AAC 50.508(5), if the department finds that 

(A)  the stationary source is capable of complying with the limit; and

(B)  the permit conditions are adequate for determining continuous
compliance with the limit; and

		(9)  approve a request under 18 AAC 50.508(6) to revise or rescind a
Title I permit term or condition, if the department finds that the
permit will still require the owner or operator to comply with all
applicable requirements of this chapter.

(g)  Duration.  A minor permit issued under this section remains in
effect until changed by another Title I permit or by an action by the
department under AS 46.14.280, except

(1)  as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC
50.040, for a clean unit, pollution control project, or plantwide
applicability limitation; and 

(2)  that an owner requested limit that avoids only a Title V permit
remains in effect until the owner or operator requests in writing to
revise or revoke the limit and, if the new limit no longer avoids the
requirement for a Title V permit, obtains that permit.  (Eff. 10/1/2004,
Register 171; am 12/1/2004, Register 172)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140		AS 46.14.200

18 AAC 50.544.  Minor permits: content.  (a)  In each minor permit
issued under 

18 AAC 50.542, the department will 

(1)  identify the stationary source, the project, the permittee, and
contact information;

(2)  include the requirement to pay fees in accordance with 18 AAC
50.400 – 

18 AAC 50.499; 

(3)  include any conditions established under 18 AAC 50.201; and

(4)  include the requirements of an owner requested limit under 18 AAC
50.225 that applies to the stationary source.

(b)  In each minor permit under 18 AAC 50.502(b), the department will
include 

 (1)  terms and conditions as necessary to ensure that the proposed
stationary source or modification will meet the requirements of AS 46.14
and this chapter, including terms and conditions under AS 46.14.180 for

(A)  installation, use, and maintenance of monitoring equipment;

(B)  sampling emissions according to the methods prescribed by the
department and at locations and intervals, and by procedures specified
by the department;

(C)  providing source test reports, monitoring data, emissions data, and
information from analyses of any test samples;

(D)  keeping records; and

(E)  making periodic reports on process operations and emissions;

(2)  a permit condition requiring the owner or operator to

(A)  perform regular maintenance considering the manufacturer’s or the
operator’s maintenance procedures;

(B)  keep records of any maintenance that would have a significant
effect on emissions; the records may be kept in an electronic format;
and

(C)  keep a copy of either the manufacturer’s or the operator’s
maintenance procedures.

(c)  In each minor permit under 18 AAC 50.502(c), the department will
include terms and conditions

(1)  as necessary to ensure that the proposed stationary source or
modification will not cause or contribute to a violation of any ambient
air quality standard or the standards of 

18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms
and conditions under AS 46.14.180 for

(A)  installation, use, and maintenance of monitoring equipment;

(B)  sampling emissions according to the methods prescribed by the
department and at locations and intervals, and by procedures specified
by the department;

(C)  providing source test reports, monitoring data, emissions data, and
information from analyses of any test samples;

(D)  keeping records; and

(E)  making periodic reports on process operations and emissions;

(2)  performance tests for emission limits under 18 AAC 50.050 – 

18 AAC 50.090; and

(3)  maintenance of equipment according to the manufacturer’s or
operator’s maintenance procedures.

(d)  For each stationary source that is not subject to Title V
permitting under 

18 AAC 50.326, the department will include in the minor permit the
requirement for a periodic affirmation, in accordance with 18 AAC
50.205, of whether the stationary source is still accurately described
by the application and minor permit, and whether the owner or operator
has made changes that would trigger the requirement for a new permit
under this chapter.  In the minor permit, the department will set out a
time period between required affirmations as appropriate to the
stationary source regulated by the minor permit.

(e)  In a minor permit that approves a pollution control project
exclusion in accordance with 40 C.F.R. 52.21(z), adopted by reference in
18 AAC 50.040, the department will include the requirements listed in 40
C.F.R. 52.21(z)(6). 

(f)	In a minor permit that establishes or revises a plantwide
applicability limitation (PAL), the department will include

(1)  the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference
in 

18 AAC 50.040; and

(2)  conditions as the department considers necessary to prevent
emissions under the PAL from causing or contributing to a violation of
an ambient air quality standard.

(g)  In each minor permit under 18 AAC 50.508(4) to establish offsetting
emissions, the department will include terms and conditions to ensure
that the stationary source will meet the criteria in 18 AAC
50.542(f)(7), including terms and conditions imposed under AS 46.14.180
for

(A)  installation, use, and maintenance of monitoring equipment;

(B)  sampling emissions according to the methods prescribed by the
department and at locations, intervals, and by procedures specified by
the department;

(C)  providing source test reports, monitoring data, emissions data, and
information from analyses of any test samples;

(D)  keeping records; and

(E)  making periodic reports on process operations and emissions.

(h)  A minor permit establishing an owner requested limit (ORL) under 

18 AAC 50.508(5) consists of a letter of approval from the department. 
In the letter of approval, the department will

(1)  describe the terms and conditions of the approval, including the
limits, specific testing, monitoring, recordkeeping, and reporting
requirements;

(2)  list all equipment covered by the approval;

(3)  describe the permit that the limit allows the owner or operator to
avoid; and

(4)  set out the statement “I understand and agree to the terms and
conditions of this approval” followed by a space for the owner’s or
operator’s signature; the ORL becomes effective on the date of the
signature. 

(i)  In each minor permit under 18 AAC 50.508(6) that revises or
rescinds terms or conditions of a Title I permit, the department will
include terms and conditions as necessary to ensure that the permittee
will construct and operate the proposed stationary source or
modification in accordance with this chapter.  If the limit

(1)  made it possible for the owner or operator to avoid any
preconstruction review under this chapter, the limit remains in effect
until the owner or operator obtains

(A)  a new construction permit or minor permit under this chapter as if
the limit had never existed; or

(B)  under this section or under 18 AAC 50.508, a new limit that allows
the owner or operator to continue to avoid preconstruction review; or

(2)  made it possible to avoid a Title V permit, the limit remains in
effect until the owner or operator obtains

(A)  a new Title V permit under this chapter as if the limit had never
existed; or

(B)  under this section or under a permit classified in 18 AAC 50.508, a
new limit that allows the owner or operator to continue to avoid the
need for the permit.  (Eff.10/1/2004, Register 171; am 12/1/2004,
Register 172; am 1/29/2005, Register 173)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140		AS 46.14.250

18 AAC 50.546.  Minor permits: Revisions.  (a)  The department will use
the procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor
permit, either at the request of the permittee, in accordance with AS
46.14.280.

(b)  Notwithstanding (a) of this section, the department may revise
non-substantive elements of a minor permit without further
administrative procedures.  (Eff. 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140		AS 46.14.285

18 AAC 50.560.  General minor permits.  (a)  Criteria.  The department
may issue a general minor permit to allow construction or operation of
stationary sources or emission units that

(1)  require a minor permit;

(2)  involve the same or similar types of operation;

(3)  involve the same type of emissions; and

(4)  are subject to similar air quality control requirements. 

(b)  General minor permit issuance procedures.  To issue a general minor
permit, the department will provide notice and opportunity for public
comment on the department’s proposed permit by

(1)  posting a public notice on the Alaska Online Public Notice System
established under AS 44.62.175;

(2)  sending a copy of the notice by mail or electronic mail to persons
on a list maintained by the department, including any person who has
requested to be notified; if a person requests to be sent notice by
postal mail instead of electronic mail, the department will send the
notice by postal mail;  

(3)  distributing the notice using other means the department finds
necessary for informing the public;

(4)  allowing the public at least 30 days to submit comments; and

(5)  making available for public inspection in the affected area

(A)  a description of the stationary sources that would qualify under
the general minor permit; 

(B)  the results of any department analysis on the effect on air
quality;

(C)  the reasons for the department’s proposed action;  

(D)  a copy of the proposed permit and of the proposed application or
notification form;

(E)  a description of how interested persons may comment on the proposed
general minor permit, including the period during which the department
will accept public comments; and

(F)  the time and place of any public hearing; the department will
schedule any public hearing no sooner than 30 days after the date the
first notice was published. 

(c)  Application or notification forms.  The department will issue an
application or notification form with each general minor permit.  This
may include an online or electronic form.  The forms will identify the
information that an applicant must provide to operate under the general
minor permit, including 

(1)  information identifying the stationary source and location of the
stationary source, and contact information; as necessary to show that
the stationary source meets the qualifying criteria or a term or
condition of the general minor permit, the department will require that
location information required under this subsection or under (d) – (g)
of this section include a map and scale drawing;

(2)  any information that is necessary to determine that the stationary
source qualifies for the general minor permit; 

(3)  identification of all equipment to be operated under the general
minor permit; and

(4)  a certification by the applicant that the stationary source is
capable of complying with all permit requirements.

(d)  Applying to construct or operate under a general minor permit.  To
construct or operate under a general minor permit, the owner or operator
must submit the appropriate completed application or notification form
for the specific stationary source type.  In a general minor permit, the
department will specify whether the applicant must submit a complete
notification form and operate in compliance with the general minor
permit, or whether the applicant must also obtain department approval
under (e) of this section to operate under the general minor permit.  If
the general minor permit requires that the applicant get approval, the
department will notify the owner or operator within 30 days after
receipt of the application that 

(1)  the application is complete;

(2)  additional information is necessary to make the application
complete; or

(3)  the stationary source does not qualify for the general permit.

(e)  Approval to construct or operate under a general minor permit. 
Approval to construct or operate under the general minor permit is
granted when the department finds the application complete.  If the
general minor permit does not require department approval, and if the
stationary source meets all of the qualifying criteria and operates in
compliance with the general minor permit, the owner or operator may
construct or operate under the permit immediately after the department
receives a completed notification form.  The general minor permit
authorizes construction or operation only for 

(1)  equipment identified in the application or notification; and

(2)  a location identified under (c), (f), or (g) of this section.

(f)  General minor permit content.  In a general permit the department
will set out 

(1)  criteria that must be met in order for a stationary source to
qualify under the general minor permit;

(2)  a requirement to notify the department of the physical location of
the stationary source before commencing construction or operation under
the general minor permit, if the location is not provided in the
application or notification;

(3)  requirements in accordance with 18 AAC 50.544;  

(4)  for portable stationary sources, a notification form and procedures
for a change in location; and

(5)  any other terms and conditions that are necessary to assure that
the stationary source continues to meet the qualifying criteria of the
general minor permit.

(g)  Relocation.  A portable stationary source is authorized to operate
under a general minor permit at additional locations not identified in
the permit application or notification if the 

(1)  permittee notifies the department by submitting a completed change
of location form following the procedures specified in the permit; and

(2)  stationary source will continue to meet all of the permit’s
qualifying criteria at each location.  (Eff. 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.130		AS 46.14.180

		AS 46.14.010		AS 46.14.140		AS 46.14.211

		AS 46.14.020		AS 46.14.150		AS 46.14.250

		AS 46.14.120		AS 46.14.170



Article 6.    (Reserved)

Article 7.  Conformity.

Section

700.  Purpose of 18 AAC 50.700 – 18 AAC 50.735

705.  Coverage of 18 AAC 50.700 - 18 AAC 50.735: obligations of
responsible agency

710.  Transportation conformity: incorporation by reference of federal
regulations

715.  Transportation conformity: interagency consultation procedures

720.  Transportation conformity: public involvement

725.  General conformity: incorporation by reference of federal
regulations

730.  General conformity: mitigation of air quality impacts

735.  General conformity: frequency of conformity determinations

18 AAC 50.700.  Purpose of 18 AAC 50.700 – 18 AAC 50.735.  The purpose
of 

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan,
program project, or federal action within a nonattainment or maintenance
area, will not hinder attainment of the national ambient air quality
standards in that area if 

(1) the plan, program, project, or action is federally-funded or
federally-approved; or 

		(2)  the project is nonfederally funded but is a regionally
significant project that is funded, adopted, or approved by a current or
prior recipient of funds under 23 U.S.C. or 

49 U.S.C. 53 (Federal Transit Act).  (Eff. 1/4/95, Register 133;
am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.705.  Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations
of responsible agency.  (a)  The requirements of  18 AAC 50.710 – 18
AAC  50.720 apply to 

(1)  a transportation plan, program, or project within a nonattainment
or maintenance area that is funded by, or requires approval under, 23
U.S.C. or  49 U.S.C. 5301 – 5338; or

(2)  a project that is nonfederally funded, but that is a regionally
significant project funded, adopted, or approved by a current or prior
recipient of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the
Federal Transit Act)

(b)  The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all
federally-funded or approved actions within a nonattainment or
maintenance area not described in (a) of this section.

(c)  It is the obligation of the responsible agency to meet the
applicable requirements of 18 AAC 50.700 - 18 AAC 50.735.  For purposes
of 



(1)  transportation conformity under 18 AAC 50.710 – 18 AAC 50.720,
“responsible agency” means the agency that 

(A)  receives or manages the federal money for the transportation plan,
program, or project referred to in (a) of this section; 

(B)  develops the transportation plan, program, or project referred to
in (a) of this section; or

(C)  funds, adopts, or approves a nonfederal, regionally significant
project and is a current or prior recipient of funds under 23 U.S.C. or
49 U.S.C. 53; 

(2)  general conformity under 18 AAC 50.725 – 18 AAC 50.735,
“responsible agency” means the federal agency that is responsible
for the funding or for approval of the action referred to in (b) of this
section.  (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.710.  Transportation conformity: incorporation by reference of
federal regulations.  An agency subject to 40 C.F.R. 93 shall comply
with the following federal regulations, as amended through August 15,
1997, adopted by reference:

(1)  40 C.F.R. 93.100 (Purpose);

(2)  40 C.F.R. 93.101 (Definitions);

(3)  40 C.F.R. 93.102 (Applicability);

(4)  40 C.F.R. 93.103 (Priority);

(5)  40 C.F.R. 93.104 (Frequency of conformity determinations);

(6)  40 C.F.R. 93.106 (Content of transportation plans);

(7)  40 C.F.R. 93.107 (Relationship of transportation plan and TIP
conformity with the NEPA process);

(8)  40 C.F.R. 93.108 (Fiscal constraints for transportation plans and
TIPs);

(9)  40 C.F.R. 93.109 (Criteria and procedures for determining
conformity of transportation plans, programs, and projects:  General);

(10)  40 C.F.R. 93.110 (Criteria and procedures:  Latest planning
assumptions);

(11)  40 C.F.R. 93.111 (Criteria and procedures:  Latest emission
model);

(12)  40 C.F.R. 93.112 (Criteria and procedures:  Consultation);

(13)  40 C.F.R. 93.113 (Criteria and procedures:  Timely implementation
of TCMs);

(14)  40 C.F.R. 93.114 (Criteria and procedures:  Currently conforming
transportation plan and TIP);

(15)  40 C.F.R. 93.115 (Criteria and procedures:  Projects from a plan
and TIP);

(16)  40 C.F.R. 93.116 (Criteria and procedures:  Localized CO and PM-10
violations (hot spots));

(17)  40 C.F.R. 93.117 (Criteria and procedures:  Compliance with PM-10
control measures);

(18)  40 C.F.R. 93.118 (Criteria and procedures:  Motor vehicle
emissions budget);

(19)  40 C.F.R. 93.119 (Criteria and procedures:  Emission reductions in
areas without motor vehicle emissions budgets);

(20)  40 C.F.R. 93.120  (Consequences of control strategy implementation
plan failures);

(21)  40 C.F.R. 93.121 (Requirements for adoption or approval of
projects by other recipients of funds designated under 23 U.S.C. or 49
U.S.C. 53 (the Federal Transit Act));

(22)  40 C.F.R. 93.122 (Procedures for determining regional
transportation-related emissions);

(23)  40 C.F.R. 93.123 (Procedures for determining localized CO and
PM-10 concentrations (hot-spot analysis));

(24)  40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the
applicable implementation plan (or implementation plan submission)); 

(25)  40 C.F.R. 93.125  (Enforceability of design concept and scope and
project-level mitigation and control measures);

(26)  40 C.F.R. 93.126 (Exempt projects); 

(27)  40 C.F.R. 93.127 (Projects exempt from regional emissions
analyses); and

(28)  40 C.F.R. 93.128 (Traffic signal synchronization projects).  (Eff.
1/4/95, Register 133; am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

Editor's note:  The regulations of the Federal Highway Administration
and the Federal Transit Authority concerning fiscal constraint referred
to by paragraph (8) may be found at 23 C.F.R. 450.216(a)(5), 23 C.F.R.
450.322(b)(11), and 23 C.F.R. 450.324(e).

18 AAC 50.715.  Transportation conformity: interagency consultation
procedures.  (a)  Before issuing a final conformity determination under
18 AAC 50.700 - 18 AAC 50.720, the responsible agency described in 18
AAC 50.705(c)(1), shall 

(1)  contact the office of the local governing body to determine if that
office is aware of any plans for construction of a regionally
significant project that is not funded under 

23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for
which alternative locations, design concept and scope, or the no-build
option are still being considered;

(2)  prepare a preliminary interagency discussion draft, a public review
draft, and a final draft of the conformity determination through the
interagency consultation process described in (b) - (g) of this section
with staff of

(A)  the department;

(B)  the local air quality planning agency;

(C)  the Alaska Department of Transportation and Public Facilities;

(D)  the local transportation agency;

(E)  any agency created under state law that sponsors or approves
transportation projects;

(F)  the United States Environmental Protection Agency;

(G)  the Federal Highway Administration; 

(H)  the Federal Transit Administration; and

(3)  hold a public hearing or meeting in accordance with procedures
established under 18 AAC 50.720 to provide the public with an
opportunity to consider the public review draft of the conformity
determination.

(b)  A staff member of the responsible agency shall 

(1)  consult with staff of the agencies listed in (a)(2) of this section
to prepare a preliminary interagency discussion draft of the conformity
determination, including necessary supporting information;

(2)  ensure that all documents and information relevant to the
preliminary interagency discussion draft are available to staff from the
participating agencies; and

(3)  consider the comments of staff from participating agencies and
respond in writing to those comments in a timely, substantive manner
before making a final decision on the preliminary interagency discussion
draft; written agency comments and written responses must be included in
the record of any conformity decision or action.

(c)  In preparing the preliminary interagency discussion draft, a staff
member of the responsible agency shall consult with the staff of the
agencies listed in (a)(2) of this section to

		(1)  evaluate and choose a traffic demand and regional emissions
model, and associated methods and assumptions to be used in a hot-spot
analysis or a regional emissions analysis;

		(2)  determine which minor arterials and other projects should be
considered regionally significant for purposes of a regional emissions
analysis, in addition to those regionally significant projects as
defined in 40 CFR 93.101, adopted by reference in 

18 AAC 50.710; 

(3)  discuss whether a project that is otherwise exempt from the
requirements of  18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126
and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be
treated as nonexempt if potential regional emissions impacts or other
adverse emissions impacts might exist for any reason; 

(4)  determine, as required by 40 C.F.R. 93.113(c)(1), adopted by
reference in 

18 AAC 50.710, whether past obstacles to implementation of a
transportation control measure (TCM) defined in 40 C.F.R. 93.101,
adopted by reference in 18 AAC 50.710, that is behind the schedule
established in the state implementation plan have been identified and
are being overcome, and whether state and local agencies with influence
over approvals or funding for TCMs are giving maximum priority to
approval or funding for TCMs; the interagency consultation process must
also consider whether delays in TCM implementation necessitate a
revision to the state implementation plan to remove or to substitute a
TCM or other emission reduction measures;

(5)  determine, as required by 40 C.F.R. 93.121, adopted by reference in


18 AAC 50.710, 

(A)  that a regionally significant project 

(i)  is included in a regional emissions analysis supporting the
currently conforming TIP's conformity determination, even if the project
is not included in the TIP for the purposes of project selection or
endorsement; and 

(ii) design concept and scope have not changed significantly from those
included in the transportation plan, TIP, or regional emissions
analysis; or 



(B)  that, based on the requirements for a project that is not from a
conforming transportation plan and TIP, as specified in 40 C.F.R. 93.118
and 40 C.F.R. 93.119, adopted by reference in 18 AAC 50.710, 

(i)  there is a currently conforming transportation plan and TIP, and a
new regional emissions analysis that includes the regionally significant
project; and 

(ii)  the currently conforming transportation plan and TIP will still
conform if the regionally significant project is implemented;

(6)  identify, as required by 40 C.F.R. 93.123(b), adopted by reference
in 

18 AAC 50.710, projects located at sites within a PM-10 nonattainment
area identified in 

18 AAC 50.015(b)(2) that have vehicle and roadway emission and
dispersion characteristics essentially identical to those at sites that
have air quality violations verified by monitoring, and that, therefore,
require a quantitative PM-10 hot-spot analysis; and

(7)  notify staff of participating agencies of any revision or amendment
to a transportation plan or TIP that merely adds or deletes an exempt
project listed in 40 C.F.R. 93.126, adopted by reference in 18 AAC
50.710.

	(d)  In addition to the consultation described in (c) of this section,
a staff member of the responsible agency shall consult with staff of the
state and local agencies listed in (a)(2) of this section to

	

(1)  evaluate events that will trigger new conformity determinations in
addition to those triggering events established in 40 C.F.R. 93.104,
adopted by reference in 18 AAC 50.710;

(2)  consider an emissions analysis for transportation activities that
extend beyond the boundaries of a local governing body, nonattainment
area, or air basin; and

(3)  determine the design, schedule, and funding of research and data
collection efforts and regional transportation model development by the
local governing body, such as household or travel transportation
surveys.

(e)  If the metropolitan planning area does not include the entire
nonattainment or maintenance area, the interagency consultation must
include staff of the local governing body and the Alaska Department of
Transportation and Public Facilities to determine conformity of all
projects outside the metropolitan planning area and within the
nonattainment or maintenance area.

(f)  After completing the interagency consultation process, the
responsible agency shall prepare the public review draft of the
conformity determination, based on changes made to the preliminary draft
during the consultation process, and shall make the public review draft
available for public review and comment as required in 18 AAC 50.720.

(g)  After opportunity for public review and comment on the public
review draft of the conformity determination, the responsible agency
shall 

(1)  prepare a final draft of the conformity determination in
consultation with staff of the participating agencies; and

(2)  after the consultation described in (1) of this subsection, issue
the final conformity determination to the agencies listed in (a)(2) of
this section and provide the supporting information upon request. 

(h)  The department will refer to the governor for resolution any
conflict between state agencies or between state and local agencies that
cannot be resolved by the heads of the involved agencies.  The
department will make the referral to the governor within 14 calendar
days after notification or a determination that the conflict cannot be
resolved.  A conformity determination that is the subject of a conflict
resolution under this subsection must have the governor's concurrence to
be considered final.  The department will provide the participating
agencies with a copy of its referral to the governor.  The governor may
delegate the role of resolving a conflict under this subsection and
deciding whether to concur in the conformity determination to a state
official or agency other than the department, the Alaska Department of
Transportation and Public Facilities, or a state transportation board or
commission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.720.  Transportation conformity: public involvement.  (a)  The
responsible agency referred to in 18 AAC 50.705(c) shall establish a
public involvement process to provide opportunity for public review and
comment on the public review draft of the conformity determination
before the agency issues a final conformity determination.  The public
involvement process must be consistent with the requirements of 23
C.F.R. 450.316(b)(1),

 23 C.F.R. 450.322(c), and 23 C.F.R. 450.324(c), as amended through
April 1, 1997.  

(b) The responsible agency shall 

(1)  subject to (d) of this section, hold a public hearing or meeting to
receive comments on the public review draft of the conformity
determination; 

(2)  consider all comments received and prepare a written summary
analysis of significant comments; and

(3) specifically address in the summary analysis all public comments
concerning known plans for a regionally significant project that may not
have been properly reflected in the emissions analysis used to support a
proposed conformity finding for a transportation plan or TIP, regardless
of whether the regionally significant project is receiving federal
funding or approval.  



 	(c)  Opportunity for public involvement under this section must
include access to information, emissions data, analyses, models, and
modeling assumptions used to perform a conformity determination. 

(d)  If a project for which the provisions of (a) – (c) of this
section apply is also subject to a public involvement process under 42
U.S.C. 4321 - 4370b (National Environmental Policy Act), compliance with
the public involvement process under that law constitutes compliance
with (a) – (c) of this section.  (Eff. 1/4/95, Register 133; am
9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.725.  General conformity: incorporation by reference of
federal regulations.  In addition to the other requirements of 18 AAC
50.725 - 18 AAC 50.735, a federal agency described in 40 C.F.R.
51.853(b) - (j), as amended through December 1, 1994, shall comply with
the following federal regulations, as amended through December 1, 1994,
which are incorporated by reference in this chapter:

(1)  40 C.F.R. 51.850 (Prohibition);

(2)  40 C.F.R. 51.852 (Definitions);

(3)  40 C.F.R. 51.853(b) - (j) (Applicability);

(4)  40 C.F.R. 51.854 (Conformity analysis);

(5)  40 C.F.R. 51.855 (Reporting requirements);

(6)  40 C.F.R. 51.856 (Public participation);

(7)  40 C.F.R. 51.858 (Criteria for determining conformity of general
federal actions); and

(8)  40 C.F.R. 51.859 (Procedures for conformity determinations of
general federal actions).  (Eff. 1/4/95, Register 133)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.730.  General conformity: mitigation of air quality impacts. 
(a)  The federal agency referred to in 18 AAC 50.725 shall identify in
writing

(1)  any measure intended to mitigate or offset the air quality impact
of the federal action;

(2)  the estimated emission reduction available from an identified
mitigation measure; and

(3)  the process for implementing a mitigation measure including, as
applicable,

(A)  a description of the funding source for the mitigation measure;

(B)  an implementation schedule with due dates for implementing the
mitigation measure; and

(C)  the process for tracking emission reductions from a mitigation
measure.

(b)  If a mitigation measure involves a separate person or agency, the
federal agency making the conformity determination shall, before
determining that the proposed federal action is in conformity, obtain a
written commitment from the person or agency responsible for
implementing the mitigation measure.   The written commitment must
identify the mitigation measure in a manner consistent with (a) of this
section and describe the nature of the commitment.  A person or agency
committing to a mitigation measure under this subsection shall comply
with the written obligations stated in the commitment.

(c)  If a mitigation measure is included as part of a license, permit,
or similar authorization issued by the federal agency, the federal
agency shall require the person or agency issued the license, permit, or
authorization to fully implement the mitigation measure as a condition
for continued approval of the license, permit, or authorization.

(d)  A federal agency may modify a mitigation measure if that agency  

(1)  concludes that the proposed modification supports the conformity
determination, using the procedures and criteria set out in 40 C.F.R.
51.858 and 40 C.F.R. 859, adopted by reference in 18 AAC 50.725;

(2)  issues a public notice of the proposed modification, using the
public participation procedures set out in 40 C.F.R. 51.856, adopted by
reference in 18 AAC 50.725; and

(3)  reports the modification in accordance with 40 C.F.R. 51.855,
adopted by reference in 18 AAC 50.725.  (Eff. 1/4/95, Register 133)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.735.  General conformity: frequency of conformity
determinations.  (a)  The conformity status of a federal action lapses
five years after the date that a final conformity determination is
reported to the department unless 

(1)  the federal action is completed before five years has elapsed; or



(2)  the federal agency has commenced a continuous program to implement
the action within a reasonable time.

(b)  An ongoing federal action showing continuous progress is not
considered a new action and does not require a periodic redetermination
required by this section if the emissions associated with the activity
are within the scope of the final conformity determination reported in
accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c)  If, after the final conformity determination is made, the federal
action is changed so that there is an increase in the total of direct or
indirect emissions above the levels set in 

40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal
agency shall make a new conformity determination in accordance with 40
C.F.R. 51.854, adopted by reference in 

18 AAC 50.725.  (Eff. 1/4/95, Register 133)

Authority:	AS 46.03.020		AS 46.14.030  

Article 8.    (Reserved)

Article 9.  General Provisions.

Section

900.  Small business assistance program

910.  (Repealed)

990.  Definitions

	18 AAC 50.900.  Small business assistance program.  (a)  The purpose of
the small business assistance program established under AS 46.14.300 is
to help small businesses in the state comply with state and federal air
quality laws.  The department’s The Alaska Small Business Assistance
Program, adopted by reference in 18 AAC 50.030, describes the small
business assistance program.  

(b)  Subject to AS 46.14.300(c) and 46.14.310, only the owner or
operator of a "small business facility," as that term is defined in AS
46.14.990, is eligible to receive the services of the small business
assistance program.  

(c)  The owner or operator of an eligible small business facility may
request a change to a requirement under this chapter that 

(1)  is a work practice or technological method of compliance; or 

(2)  sets a schedule of milestones preceding a date for implementing a
work practice or technological method of compliance.  

(d)  A change described in (c) of this section may be requested as
follows:

(1)  if the requested change requires an amendment of a provision of
this chapter, the request must be submitted under AS 44.62.220 and must
include

(A)  a description of the provision of this chapter to be amended:

(B)  a description of the proposed amendment to be adopted; and

(C)  an explanation of the need for the proposed change and how the
change can adequately substitute for or replace the requirement to be
changed; or

(2)  if the requested change requires a revision to a permit term or
condition that is not expressly required by this chapter, the request
may be submitted as an application for a minor or significant permit
modification under 40 C.F.R. 71.7(e), adopted by reference in 

18 AAC 50.040, and subject to 18 AAC 50.326.  

	(e)  The department will schedule a proposed amendment to this chapter
submitted under (d)(1) of this section for public hearing as provided in
AS 44.62.230 if the change would not cause a violation of 

(1)  the Clean Air Act;

(2)  a federally-enforceable requirement; or

(3)  state law.  (Eff. 1/18/97, Register 141; am 10/1/2004, Register
171)

Authority:	AS 46.03.020		AS 46.14.030		AS 46.14.300

Editor's note:  More information on the services provided by the small
business assistance program referred to in this section, including
details on determining eligibility, may be obtained from the
department's small business advocate, 410 Willoughby Avenue, Juneau,
Alaska 99801-1795, (907) 465-5100.  A copy of the program description as
it appears in the state air quality control plan, adopted by reference
in 18 AAC 50.030, is available from the department's central and
regional offices.  A copy of the state air quality control plan may be
viewed at any department office or at the Office of the Lieutenant
Governor.

	18 AAC 50.910.  Establishing level of actual emissions.  Repealed. 
(Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.010		AS 46.14.030

18 AAC 50.990.  Definitions.  In this chapter 

(1)  "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21),
adopted by reference in 18 AAC 50.040;

(2)  “administrator” means the administrator of the United States
Environmental Protection Agency, except as otherwise provided in 18 AAC
50.306 – 18 AAC 50.326;

(3)  "air pollutant" has the meaning given in AS 46.14.990;

(4)  "air curtain incinerator" means a device in which large amounts of
combustible materials are burned in a rectangular containment equipped
with an overfire air system;

(5)  "air pollution" has the meaning given in AS 46.03.900;

(6)  "air pollution control equipment" means equipment or a portion of
equipment designed to reduce the emissions of an air pollutant to the
ambient air;

(7)  "air quality control requirement" means any obligation created by
AS 46.14, this chapter, or a term or condition of a preconstruction
permit issued by the department before January 18, 1997;



(8)  "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b),
except that for the purposes of establishing or revising a plantwide
applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by
reference in 18 AAC 50.040,

(A)  “allowable emissions” means the emissions rate of an emission
unit calculated considering any emission limitation that is enforceable
as a practical matter on the emission unit’s potential to emit; and

(B)  in the definition of “potential to emit” in 40 C.F.R.
51.166(b), the words “or enforceable as a practical matter” are
added after “federally enforceable”, as provided in 40 C.F.R.
51.166(w)(2)(ii)(b);

(9)  "ambient air" has the meaning given in AS 46.14.990;

(10)  "ambient air quality standards" has the meaning given in AS
46.14.990;

(11)  "approved" means approved by the department;

(12)  "asphalt plant" means a stationary source that manufactures
asphalt concrete by heating and drying aggregate and mixing asphalt
cements; “asphalt plant” includes any combination of dryers, systems
for screening, handling, storing, and weighing dried aggregate, systems
for loading, transferring, and storing mineral filler, systems for
mixing, transferring, and storing asphalt concrete, and emission control
systems within the stationary source;

(13)  "assessable emission" has the meaning given in AS 46.14.250(h)(1);

(14)  “begin actual construction” has the meaning given in 40 C.F.R.
52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15)  "black smoke" means smoke having the color of emissions produced
by the incomplete combustion of toluene in the double wall combustion
chamber of a smoke generator;

(16)  "Btu" means British thermal unit;

(17)  “building, structure, facility, or installation” has the
meaning given in 

AS 46.14.990; 

(18)  “casting off” means the first release of a line securing a
vessel to shore as part of the process of leaving berth;

(19)  “Class I area,” “Class II area,” and “Class III area”
mean an area designated in 18 AAC 50.015, Table 1, as Class I, Class II,
or Class III respectively;

(20)  "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through
November 15, 1990;

(21)  “clean unit” has the meaning given in 40 C.F.R. 52.21(b)(42),
adopted by reference in 18 AAC 50.040;

(22)  "coal preparation plant" means a stationary source that prepares
coal by breaking, crushing, screening, wet or dry cleaning, or thermal
drying, and that processes more than 200 tons per day of coal; “coal
preparation plant” includes any combination of thermal dryers,
pneumatic coal-cleaning equipment, coal processing and conveying
equipment, breakers and crushers, coal storage systems, and coal
transfer systems within the stationary source;

(23)  "commissioner" means the commissioner of environmental
conservation;

(24)  "conservation vent" means a vent containing a pressure-vacuum
valve designed to minimize emissions of vapors from a storage tank due
to changes in temperature and pressure;

(25)  "construct" or "construction" has the meaning given to
“construction” in 

AS 46.14.990;

(26)  "construction permit" has the meaning given in AS 46.14.990;

(27)  "delivery tank" means the tank portion of a tank truck, tank
trailer, or rail tank car; “delivery tank” does not include a tank
of less than 2,500 gallons used to test or certify metering devices;

(28)  "department" means the Department of Environmental Conservation;

(29)  "emission" has the meaning given in AS 46.14.990;

(30)  "emission limitation" has the meaning given in AS 46.14.990;

(31)  "emission standard" has the meaning given in AS 46.14.990;

(32)  “emission unit” has the meaning given in AS 46.14.990; 

(33)  "EPA" means the United States Environmental Protection Agency;

(34)  "excess emissions" means emissions of an air pollutant in excess
of any applicable emission standard or limitation;

(35)  "expected annual arithmetic mean" as that term is used in 

18 AAC 50.010(1)(A), has the meaning given in 40 C.F.R. Part 50,
Appendix K, sec. 2.2, adopted by reference in 18 AAC 50.035;

(36)  “expected number” as that term is used in 

(A)  18 AAC 50.010(1)(B), has the meaning given in 40 C.F.R. Part 50,
Appendix K, sec. 2.1, adopted by reference in 18 AAC 50.035; and



(B)  18 AAC 50.010(4), has the meaning given in 40 C.F.R. Part 50,
Appendix H, adopted by reference in 18 AAC 50.035;

(37)  "federal administrator" has the meaning given in AS 46.14.990 and
includes the federal administrator’s designee;

(38)  "fire service" means a 

(A)  fire department registered with the state fire marshal under 

	13 AAC 52.030; and 

(B)  wildland fire suppression organization within the Department of
Natural Resources, United States Forest Service, or United States Bureau
of Land Management/Alaska Fire Service;

(39)  "fuel-burning equipment" means a combustion device capable of
emission; “fuel-burning equipment” includes flares; “fuel-burning
equipment” does not include mobile internal combustion engines,
incinerators, marine vessels, wood-fired heating devices, or backyard
barbecues;

(40)  "fugitive emissions" has the meaning given in AS 46.14.990;

(41)  "gasoline distribution facility" means a stationary source that
stores fuel including gasoline and that transfers gasoline from storage
tanks to delivery tanks;

(42)  "good engineering practice stack height"

(A)  for stack heights exceeding 213 feet, has the meaning given in
40 C.F.R. 51.100(ii), as revised as of July 1, 2003 and adopted by
reference; or

(B)  for all other stack heights, means the actual physical height of
the stack;

(43)  “grate cleaning” means removing ash from fireboxes; 

(44)  "hazardous air pollutant" has the meaning given in AS 46.14.990;

(45)  “hazardous air pollutant major source” has the meaning given
for the term “major source” in 40 C.F.R. 63.2, adopted by reference
in 18 AAC 50.040;

(46)  "hazardous waste" means a waste within the scope of 18 AAC 62.020;

(47)  "impairment of visibility" means a humanly perceptible change in
visibility such as visual range, contrast, or coloration, from that
which would exist under natural conditions;

(48)  "incinerator" means a device used for the thermal oxidation of
garbage or other wastes, other than a wood-fired heating device,
including an air curtain incinerator burning waste other than clean
lumber, wood wastes, or yard wastes;

(49)  "industrial process" means the extraction of raw material or the
physical or chemical transformation of raw material in either
composition or character;

(50)  "lowest achievable emission rate" or “LAER” has the meaning
given in 

40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040;

(51)  "maintenance area" means a geographical area that EPA previously
designated as a nonattainment area and subsequently designated as an
"attainment area" under 

42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

(52)  “major stationary source” means

(A)  for the purposes of 18 AAC 50.306, a stationary source or physical
change that meets the definition of “major stationary source” under
40 C.F.R. 51.166(b)(1);

(B)  for the purposes of 18 AAC 50.311, a stationary source or physical
change that meets the definition of “major stationary source” under
40 C.F.R. 51.165(a)(1)(iv);

(53)  “major modification” means 

(A)  for the purposes of 18 AAC 50.306, a change that meets the
definition of “major modification” under 40 C.F.R. 51.166(b)(2);

(B)  for the purposes of 18 AAC 50.311, a change that meets the
definition of “major modification” under 40 C.F.R. 51.165(a)(1)(v);

(54)  “make fast to the shore” means to secure the last line
necessary to secure a vessel in its berth;

(55)  "marine vessel" means a seagoing craft, ship, or barge;

(56)  “maximum achievable control technology” or “MACT” means a
maximum achievable control technology emission limitation defined in 40
C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or
existing source;

(57)  "maximum true vapor pressure" means the equilibrium partial
pressure exerted by a stored liquid at the local maximum monthly average
temperature reported by the National Weather Service;



(58)  “minor permit” means a permit issued under 18 AAC 50.502 – 

18 AAC 50.560;

(59)  "modification" or "modify" has the meaning given to
“modification” in 

AS 46.14.990;

(60)  “Nikiski Industrial Area” means the area of the Kenai
Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Range 12
West, Seward Meridian;

(61)  "nonattainment air pollutant" means the air pollutant for which a
particular area has been designated by the federal administrator as
nonattainment in 40 C.F.R. 81.302;

(62)  “nonattainment area” means, for a particular air pollutant, an
area designated as nonattainment for that air pollutant;

(63)  "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as
revised as of July 1, 2003, adopted by reference;

(64)  "nonroutine repair" means an immediate repair to correct an
unavoidable emergency or malfunction;

(65)  "open burning" means the burning of a material that results in the
products of combustion being emitted directly into the ambient air
without passing through a stack, flare, vent, or other opening of an
emission unit from which an air pollutant could be emitted;

(66)  "operator" has the meaning given in AS 46.14.990;

(67)  "organic vapors" means any organic compound or mixture of
compounds evaporated from volatile liquid or any organic compound or
mixture of compounds in aerosols formed from volatile liquid;

(68)  “ORL” means owner requested limit;

(69)  "owner" has the meaning given in AS 46.14.990;

(70)  “PAL major modification” has the meaning given in 40 C.F.R.
52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71)  "particulate matter" means a material, except water, that is or
has been airborne and exists as a liquid or solid at standard
conditions;

(72)  "permit" includes all of the elements described in the definitions
of "construction permit" and "operating permit" in AS 46.14.990, and the
same elements as they occur in a minor permit under AS 46.14.130(c);

(73)  "person" has the meaning given in AS 46.14.990;

(74)  "petroleum refinery" means a stationary source engaged in the
distillation of petroleum or re-distillation, cracking, or reforming of
unfinished petroleum derivatives;

(75)  “plantwide applicability limitation” or “PAL” means an
emission limitation expressed in tons per year, for an air pollutant at
a major stationary source, that is enforceable as a practical matter and
established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted
by reference in 18 AAC 50.040;

(76)  "PM-10" means particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers;

(77)  “pollution control project” or “PCP” has the meaning given
in 40 C.F.R. 52.21(b)(32), adopted by reference in 18 AAC 50.040;

(78)  “Port of Anchorage stationary source” means a stationary
source located in the Port of Anchorage that contains one or more
emission units subject to a standard in 

18 AAC 50.085 or 18 AAC 50.090;

(79)  “potential emissions” has the meaning given to the term
"potential to emit" in AS 46.14.990;

(80)  "potential to emit" has the meaning given in AS 46.14.990;

(81)  "ppm" means parts per million;

(82)  "practical means available" means, when approving the open burning
of liquid hydrocarbons produced during oil or gas well testing, that all
alternative disposal methods will have been analyzed and, where an
environmentally acceptable procedure exists, that procedure will be
required;

(83)  “project” means a physical change or change in the method of
operation of an existing stationary source;

(84)  “PSD” means prevention of significant deterioration;

(85)  “PSD permit” means a permit required under 18 AAC 50.306;

(86)  "putrescible garbage" means material capable of being decomposed
with sufficient rapidity to cause nuisance or obnoxious odors;

(87)  "rated capacity" means the maximum sustained capacity of the
equipment based on the fuel or raw material, or combination of fuels or
raw materials, that is actually used and gives the greatest capacity;



(88)  "reconstruct" and “reconstruction” have the meaning given
“reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC
50.040;

(89)  "reduction in visibility" means the obscuring of an observer's
vision;

		(90)  "regionally significant project" has the meaning given in 40
C.F.R. 93.101 adopted by reference in 18 AAC 50.710;

(91)  "regulated air pollutant" has the meaning given in AS 46.14.990;

(92)  “regulated NSR pollutant” has the meaning given in 40 C.F.R.
51.166(b)(49);

(93)  "responsible official" means 

(A)  for a corporation, a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision
making functions for the corporation, or a duly-authorized
representative of that person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit under AS 46.14
or this chapter, and

(i)  the facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million in second quarter 1980
dollars; or

(ii)  the delegation of authority to the representative is approved in
advance by the department;

(B)  for a partnership or sole proprietorship, a general partner or the
proprietor, respectively; and

(C)  for a public agency, a principal executive officer or ranking
elected official; for the purposes of this chapter, a principal
executive officer of a federal agency includes the chief executive
officer with responsibility for the overall operations of a principal
geographic unit in this state; 

(94)  “reviewing authority” means the department; 

(95)  “rig day” means each calendar day that a single drill rig is
drilling or testing an oil or gas well in normal operation or standby
service; “rig day” does not include a day when 

(A)  equipment is not operating; or

(B)  only light plants are operating;

(96)  "scheduled maintenance" means activities planned in advance
designed to keep equipment in good working order;

(97)  "shutdown" means performing all activities necessary to cease
operation of a source;

(98)  "small business facility" has the meaning given in AS 46.14.990;

(99)  "smolder" means to burn and smoke without flame;

(100)  “soot-blowing” means using steam or compressed air to remove
carbon from a furnace or from a boiler’s heat transfer surfaces; 

(101)  "stack" has the meeting given in AS 46.14.990;

(102)  "standard conditions" means dry gas at 68o F and an absolute
pressure of 760 millimeters of mercury;

(103)  "startup" means

(A)  for an internal combustion engine aboard a marine vessel, the point
in time that emissions begin to exit from the vessel as a result of
igniting the engine; and

(B)  for all other sources, the setting into operation of a source for
any reason;

(104)  "state air quality control plan" means the plan adopted by
reference in 18 AAC 50.030;

(105)  “stationary source” has the meaning given in AS 46.14.990; 

(106)  "technology-based emission standard" means

(A)   a best available control technology standard with the meaning
given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B)  a lowest achievable emission rate (LAER) standard;

(C)  a maximum achievable control technology standard established under
40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D)  a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E)  any other similar standard for which the stringency of the standard
is based on determinations of what is technologically feasible,
considering relevant factors;



(107)  “temporary construction activity” means construction that is
completed in 24 months or less from the date construction begins;
“temporary construction activity” includes any period of inactivity
during that 24-month period;

(108)  “thermal soil remediation unit” means a stationary source
that causes petroleum contamination to be desorbed from soils by heating
the soil in a kiln;

(109)  “Title I permit” means a 

(A)  permit issued under 18 AAC 50.306, 18 AAC 50.311, 

18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560;

(B)  construction permit issued before October 1, 2004; or

(C)  permit to operate issued before January 18, 1997; 

(110)  “Title V permit” means a permit required by AS 46.14.130(b);

(111)   “Title V source” means a stationary source classified as
needing a permit under AS 46.14.130(b);

(112)  “TPY” has the meaning given in AS 46.14.990;

(113)  "total suspended particulate" or "TSP" means particulate matter
as measured by a method specified in the department’s Air Quality
Assurance Manual for Ambient Air Quality Monitoring, adopted by
reference in 18 AAC 50.030;

(114)  "uncontaminated fuel" means a hydrocarbon fuel, excluding
propane, that does not contain used oil, crude oil, or a hazardous
waste;

(115)  "upset" means the sudden failure of equipment or a process to
operate in a normal and usual manner.

(116)  "vapor collection system" means all equipment, ducts, piping,
valves, and fittings necessary to prevent organic vapors displaced at a
loading rack from being emitted into the atmosphere;

(117)  "vapor-laden delivery tank" means a delivery tank that is being
loaded with volatile liquid or that was loaded with volatile liquid
during the immediately preceding load;

(118)  "volatile liquid" means a liquid compound or mixture of compounds
that exerts a maximum true vapor pressure of 0.5 pounds per square inch
or more;

(119)  "volatile liquid loading rack" means all equipment, loading arms,
piping, meters, and fittings used to fill delivery tanks with volatile
liquid;

(120)  "volatile liquid storage tank" means any stationary storage
vessel that contains a volatile liquid;

(121)  “volatile organic compound” or “VOC” has the meaning
given in 40 C.F.R. 51.100(s), as revised as of July 1, 2004 and adopted
by reference;

(122)  “weighing anchor” means to begin heaving in the anchor with
intent to retrieve it and get underway, regardless of how the chain
tends when heaving in begins;

(123)  "wood-fired heating device" means a device designed for wood
combustion so that usable heat is derived for the interior of a
building; “wood-fired heating device” includes wood-fired stoves,
fireplaces, wood-fired cooking stoves, and combination fuel furnaces or
boilers that burn wood; “wood-fired heating device” does not include
a device that is primarily a part of an industrial process and
incidentally provides usable heat for the interior of a building. 

(124)  “portable oil and gas operation” means an operation that
moves from site to site to drill or test one or more oil or gas wells,
and that uses drill rigs, equipment associated with drill rigs and drill
operations, well test flares, equipment associated with well test
flares, camps,  or equipment associated with camps; “portable oil and
gas operation” does not include well servicing activities; for the
purposes of this paragraph, “test” means a test that involves the
use of a flare;

(125)  “well servicing activities” means the use of portable
equipment for servicing existing oil and gas wells that only stays on
site for short and varying periods of time; “well servicing
activities” includes the use of 

coiled tubing units;

well frac units;

well slickline units;

well hot oil units;

well wireline units. (Eff. 1/18/97, Register 141; am 6/14/98, Register

146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/99,
Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am
5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003,
Register 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176)

Authority:	AS 44.46.025		AS 46.14.140		AS 46.14.250

AS 46.03.020		AS 46.14.150		AS 46.14.255

AS 46.03.710		AS 46.14.160		AS 46.14.280

AS 46.14.010		AS 46.14.170		AS 46.14.285

AS 46.14.020		AS 46.14.180		AS 46.14.290

AS 46.14.030		AS 46.14.210		AS 46.14.300

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 AS 46.14.120		AS 46.14.230		AS 46.14.560

AS 46.14.130		AS 46.14.240		Sec. 30, ch. 74, SLA 1993

Register 176, January  2006          ENVIRONMENTAL CONSERVATION

  PAGE  51 

 PAGE  140 

