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this chapter that were repealed simultaneously with the adoption of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<PHONE_NUMBER>.

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<PHONE_NUMBER>; 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