and activities described in (e) - (i) of this section are insignificant
and need not be included in an operating permit application except as
follows:

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

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

(B)  an emission unit-specific requirement established under

(i)  18 AAC 50.201;

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

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

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

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

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

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

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

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

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

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

(1)  five TPY of carbon monoxide;

(2)  two TPY of nitrogen oxides;

(3)  two TPY of sulfur oxides;

(4)  two TPY of volatile organic compounds;

(5)  0.75 TPY of PM-10;

(6)  0.005 TPY of lead;

(7)  0.15 TPY of fluorides;

(8)  0.35 TPY of sulfuric acid mist;

(9)  0.5 TPY of hydrogen sulfide;

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

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

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

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

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

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

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

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

(2)  lubricating oil storage tanks;

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

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

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

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

(7)  sample gathering, preparation, and management;

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

(9)  laboratory calibration and maintenance equipment;

(10)  individual laboratory hoods;

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

(12)  comfort air conditioning;

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

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

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

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

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

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

(19)  tobacco smoking rooms and areas;

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

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

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

(23)  office activities;

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

(25)  personal care activities;

(26)  bathroom and toilet vents;

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

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

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

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

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

(32)  non-commercial smokehouses;

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

(34)  blacksmith forges;

(35)  inspection equipment for metal products;

(36)  conveying and storage of plastic pellets;

(37)  plastic pipe welding;

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

(39)  wet sand and gravel screening;

(40)  wax application;

(41)  ultraviolet curing processes;

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

(43)  steam cleaning operations;

(44)  steam sterilizers;

(45)  portable drums and totes;

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

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

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

(49)  ozonation equipment;

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

(51)  pulse capacitors;

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

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

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

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

(56)  consumer use of paper trimmers and binders;

(57)  hydraulic and hydrostatic testing equipment;

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

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

(60)  shock chambers;

(61)  mechanical wire strippers;

(62)  humidity chambers;

(63)  solar simulators;

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

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

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

(67)  digester chip feeders;

(68)  process water and white water storage tanks;

(69)  demineralizer tanks;

(70)  hydrogen peroxide tanks;

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

(72)  winders;

(73)  chipping;

(74)  debarking;

(75)  pulp mill sludge dewatering and handling;

(76)  screw press vents;

(77)  pond dredging;

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

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

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

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

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

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

(84)  lubricating pumps, sumps, and systems;

(85)  well service equipment;

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

(87)  engine crankcase vents and equipment lubricating sumps;

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

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

(90)  removal of sludge or sediment from pits, ponds, sumps, or
wastewater conveyance facilities;

(91)  site assessment work, including the evaluation of waste disposal
or remediation sites;

(92)  instrument systems using air or natural gas;

(93)  drill site manifold and wellhead enclosures;

(94)  vent emission from gas streams used as buffer or seal gas in
rotating pump and compressor seals;

(95)  natural gas odorizing activities;

(96)  pneumatic starters on reciprocating engines, turbines,
compressors, or other equipment;

(97)  pipeline maintenance pigging activities;

(98)  truck, car, or aircraft washing if equipment is not designed to
vaporize hydrocarbons from the wash water;

(99)  nonroutine clean-out of tanks and equipment for the purpose of
worker entry or in preparation for maintenance or decommissions;

(100)  fugitive emissions of jet fuels associated with aircraft fuel
cell and fuel bladder repair;

(101)  portable electrical generators that can be moved by hand from one
location to another;

(102)  natural gas and liquefied petroleum gas (LPG) vehicle fleet
fueling facilities;

(103)  military field exercises, except emissions from permanent
stationary sources;

(104)  fire suppression;

(105)  storage of water-treating chemicals to be used in a drinking
water system or a boiler water feedwater system.

(g)  Applications – insignificant emission units:  size or production
rate basis.  Except as provided in (d) of this section, the following
emission units are insignificant on the basis of size or production
rate:

(1)  operation, loading, and unloading of storage tanks and storage
vessels with less than a 260-gallon capacity (35 cubic feet), with lids
or other closure and heated only to the minimum extent necessary to
avoid solidification;

(2)  operation, loading, and unloading of storage tanks with not greater
than 1,100-gallon capacity, with lids or other closure not for use with
hazardous air pollutants, and with a maximum true vapor pressure of 550
millimeters (mm) of mercury (Hg);

(3)  operation, loading, and unloading of volatile liquid storage with
10,000-gallon capacity or less, with lids or other closure and storing
liquid with a vapor pressure not greater than 80 millimeters (mm) of
mercury (Hg) at 21 degrees Celsius;

(4)  operation, loading, and unloading of butane, propane, or liquefied
petroleum gas (LPG) storage tanks with vessel capacity under 40,000
gallons;

(5)  a combustion emission unit with a rated capacity less than
4,000,000 Btu per hour exclusively using natural gas, butane, propane,
or liquefied petroleum gas (LPG); emission units under this paragraph do
not include internal combustion engines;

(6)  a combustion emission unit with a rated capacity less than 350,000
Btu per hour using a commercial fuel containing less than 0.5 percent
sulfur by weight for coal or less than 500,000 Btu per hour at one
percent sulfur by weight for other fuels; emission units under this
paragraph do not include internal combustion engines;

(7)  a combustion emission unit with a rated capacity less than
1,700,000 Btu per hour using kerosene, No. 1 fuel oil, or No. 2 fuel
oil; emission units under this paragraph do not include internal
combustion engines;

(8)  a combustion emission unit with a rated capacity less than 300,000
Btu per hour if burning used oil; emission units under this paragraph do
not include internal combustion engines;

(9)  a combustion emission unit with a rated capacity less than 450,000
Btu per hour if burning wood waste or waste paper; emission units under
this paragraph do not include internal combustion engines;

(10)  welding using not more than 50 pounds per day of welding rod;

(11)  foundry sand molds, unheated and using binders with less than 0.25
percent free phenol by sand weight;

(12)  "paralyene" coaters using less than 500 gallons of coating per
year;

(13)  printing and silkscreening using less than two gallons per day of
any combination of inks, coatings, adhesives, fountain solutions,
thinners, retarders, or nonaqueous solutions if they do not contain
hazardous air pollutants;

(14)  comfort cooling towers and ponds that have a capacity not greater
than 10,000 gallons per minute, that are not used with barometric jets
or condensers, and that do not use chromium-based corrosion inhibitors;

(15)  combustion turbines rated at less than 160 horsepower;

(16)  batch distillation equipment with a batch capacity not greater
than 55 gallons and used only for solvents that do not contain hazardous
air pollutants;

(17)  cleaning equipment

(A)  with less than 10 square feet of air-vapor interface; and

(B)  using solvent

(i)  that does not contain a hazardous air pollutant; and

(ii)  with a vapor pressure not more than 30 millimeters (mm) of mercury
(Hg) at 20 degrees Celsius;

(18)  surface coating using less than two gallons per day of
formulations not containing hazardous air pollutants;

(19)  tanks, vessels, and pumping equipment with lids or other
appropriate closure for storage or dispensing of aqueous solutions of
inorganic salts, bases, and acids;

(20)  cleaning and stripping activities and equipment using solutions
having less than one percent volatile organic compounds (VOCs) by
weight; when used on metallic substances, acid solutions are not
insignificant;

(21)  equipment with lids or other closures used exclusively to pump,
load, unload, or store organic material that has an initial boiling
point (IBP) not less than 150 degrees Celsius and a vapor pressure not
more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(22)  surface coating, aqueous solution, or suspension containing less
than one percent volatile organic compounds (VOCs);

(23)  storage and handling of water-based lubricants for metal working
if the organic content of the lubricant is less than 10 percent;

(24)  municipal or industrial wastewater chlorination facilities of not
greater than 1,000,000 gallons per day capacity;

(25)  diesel engines of 250 horsepower or less being used to provide
power for well servicing equipment.

(h)  Applications – insignificant emission units:  case-by-case basis.
 This subsection lists emission units or activities that may be
insignificant on the basis of size or production rate. Insignificant
emission units and activities listed in this subsection that are subject
to a standard under 18 AAC 50.050 – 18 AAC 50.090 must be listed on
the permit application. Except as provided in (d) of this section, the
department may determine the following emission units to be
insignificant on a case-by-case basis:

(1)  ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal
Water Pollution Control Act, National Pollutant Discharge Elimination
System), and that are used solely for settling suspended solids and
skimming oil and grease; and

(2)  coffee roasters with a capacity of less than 15 pounds per day of
coffee.

(i)  Applications – insignificant emission units:  administratively
insignificant sources.  The following emission units might have
significant emissions, but are considered administratively insignificant
emission units for the purpose of operating permit applications:

(1)  the propulsion of mobile sources;

(2)  general vehicle maintenance, including vehicle exhaust from repair
stationary sources; and

(3)  agricultural activities on the property of a stationary source that
are not subject to review by the department under 18 AAC 50.306, 18 AAC
50.311, or 18 AAC 50.502 and are not under common control with the
permitted stationary source.

(j)  Permit content.  Permit terms and conditions issued under this
section will be developed in accordance with 40 C.F.R. Part 71, adopted
by reference in 18 AAC 50.040, except as follows:

(1)  with respect to any fee requirement or reference, the applicable
provisions of 18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9
does not apply;

(2)  the department will include the expiration date in the permit; the
permit duration and expiration provisions of AS 46.14.230 apply, and 40
C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3)  a stationary source subject to this section will also be subject to
the standard operating permit conditions and other permit conditions as
required by 18 AAC 50.345 and

18 AAC 50.346; prompt reporting of permit deviations is subject to the
department’s Standard Permit Condition III, adopted by reference in 18
AAC 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)(1) – (B)(4); the
provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the standard
permit conditions of 18 AAC 50.345;

(4)  for purposes of 40 C.F.R. 71.6(c)(6), the department will include
in a Title V permit, consistent with AS 46.14.020(b) and 46.14.180,
terms and conditions that are necessary to implement a requirement of AS
46.14 or this chapter;

(5)  notwithstanding 40 C.F.R. 71.6(b), a department term or condition
is not federally enforceable unless required by the Clean Air Act; that
term or condition is not subject to affected state review under 40
C.F.R. 71.8; in the permit, the department will identify each term or
condition that is not federally enforceable and not subject to affected
state review;

(6)  inspection and entry requirements are subject to AS 46.14.515; the
provisions o f 40 C.F.R. 71.6(c)(2) do not apply;

(7)  upon request of the applicant, and in accordance with this section,
and with

40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the
department will establish a plantwide applicability limitation (PAL) in
a Title V permit.

(k)  Permit review and issuance.  The review and issuance of a permit
under this section will be conducted in accordance with 40 C.F.R. Part
71, adopted by reference, in 18 AAC 50.040 except as follows:

(1)  the department may distribute a public notice to a person by
electronic mail; if a person requests that the department send the
notice by postal mail, the department will send the notice to the person
by postal mail;

(2)  the department will only issue a permit if the permit conditions
provide for compliance with all applicable requirements and the
requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv)
do not apply;

(3)  the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply;
the department will, subject to the provisions of AS 46.14.170 and AS
46.14.220, issue the final permit; if EPA objects to a permit after the
45-day review period in AS 46.14.220 and the department has not issued
the final permit, the department will not issue the final permit until
the objections are resolved if the objections are based on

(A)  a petition filed by a person that is submitted within 60 days after
the review period ends; and

(B)  objections that were raised during the public comment period for
the permit, unless the petitioner shows that raising the objection
during the public comment period was impracticable or that grounds for
the objection arose after the public comment period;

(4)  language in 40 C.F.R. Part 71 that makes related provisions in 40
C.F.R. Part 71 dependent on whether a program has been delegated does
not apply, including the phrase “in the case of a program delegated
pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the
phrase “When a part 71 program has been delegated in accordance with
the provisions of this section,” in 40 C.F.R. 71.10;

(5)  a permit under this section becomes effective 30 days after the
department issues the final permit;

(6)  when the department makes a final decision to approve or deny an
application for a Title V permit, the department will notify the
applicant and any person who commented on the application; a person
described in AS 46.14.200 may request an adjudicatory hearing as
prescribed in 18 AAC 15.195 – 18 AAC 15.340; the provisions of 40
C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an
application, the department will include the reasons for denial;

(7)  the department will keep for five years any record and submit to
the federal administrator any information that the federal administrator
may reasonably require to ascertain whether the state Title V permit
program complies with the requirements under 42 U.S.C. 7661 – 7661f
(Title V, Clean Air Act).

(l)  Significant permit modifications.  If an existing Title V permit
prohibits construction or a change in operation for which a permit or
notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311,
or 18 AAC 50.321, the owner or operator must obtain, in accordance with
40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant
permit modification to the Title V permit before commencing operation
that incorporates the construction or change.  (Eff. 10/1/2004, Register
171; am 12/1/2004, Register 172)

Authority:	AS 46.03.020		AS 46.14.140		AS 46.14.190

		AS 46.14.010		AS 46.14.150		AS 46.14.220

		AS 46.14.020		AS 46.14.170		AS 46.14.230

		AS 46.14.120		AS 46.14.180		AS 46.14.515

		AS 46.14.130

18 AAC 50.330.  Operating permits: exemptions.  Repealed.    (Eff.
1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335.  Operating permits: application.  Repealed. (Eff.
1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register
146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

18 AAC 50.340.  Operating permits:  review and issuance.  Repealed.
(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002,
Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341.  Operating permits:  reopenings.  Repealed.  (Eff.
6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345.  Construction and operating permits: standard permit
conditions.  (a)  Subsections (b) – (o) of this section set out
standard permit conditions that the department will include in each
operating permit.  The department may include the conditions set out in
(c)(1) and (2) and (d) – (o) of this section in each construction
permit.  The conditions set out in (m) – (o) of this section do not
apply to visible emissions observations by smoke readers, except in
connection with required particulate matter testing.

(b)  Compliance with permit terms and conditions is considered to be in
compliance with those requirements that are

(1)  included and specifically identified in the permit; or

(2)  determined in writing in the permit to be inapplicable.

(c)  The permittee must comply with each permit term and condition.
Noncompliance with a permit term or condition constitutes a violation of
AS 46.14, this chapter, and, except for those terms or conditions
designated in the permit as not federally enforceable, the Clean Air
Act, and is grounds for

(1)  an enforcement action;

(2)  permit termination, revocation and reissuance, or modification in
accordance with AS 46.14.280; or

(3)  denial of an operating permit renewal application.

(d)  It is not a defense in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to
maintain compliance with a permit term or condition.

(e)  Each permit term and condition is independent of the permit as a
whole and remains valid regardless of a challenge to any other part of
the permit.

(f)  The permit may be modified, reopened, revoked and reissued, or
terminated for cause.  A request by the permittee for modification,
revocation and reissuance, or termination or a notification of planned
changes or anticipated noncompliance does not stay any permit condition.

(g)  The permit does not convey any property rights of any sort, nor any
exclusive privilege.

(h)  The permittee shall allow the department or an inspector authorized
by the department, upon presentation of credentials and at reasonable
times with the consent of the owner or operator to

(1)  enter upon the premises where a source subject to the permit is
located or where records required by the permit are kept;

(2)  have access to and copy any records required by the permit;

(3)  inspect any stationary source, equipment, practices, or operations
regulated by or referenced in the permit; and

(4)  sample or monitor substances or parameters to assure compliance
with the permit or other applicable requirements.

(i)  The permittee shall furnish to the department, within a reasonable
time, any information that the department requests in writing to
determine whether cause exists to modify, revoke and reissue, or
terminate the permit or to determine compliance with the permit.  Upon
request, the permittee shall furnish to the department copies of records
required to be kept by the permit.  The department may require the
permittee to furnish copies of those records directly to the federal
administrator.

(j)  The permittee shall certify all reports, compliance certifications,
or other documents submitted to the department and required under the
permit by including the signature of a responsible official for the
permitted stationary source following the statement:  “Based on
information and belief formed after reasonable inquiry, I certify that
the statements and information in and attached to this document are
true, accurate, and complete.”  Excess emission reports must be
certified either upon submittal or with an operating report required for
the same reporting period.  All other reports and other documents must
be certified upon submittal.

(k)  In addition to any source testing explicitly required by the
permit, the permittee shall conduct source testing as requested by the
department to determine compliance with applicable permit requirements.

(l)  The permittee may request an extension to a source test deadline
established by the department.  The permittee may delay a source test
beyond the original deadline only if the extension is approved in
writing by the department’s appropriate division director or designee.

(m)  Before conducting any source tests, the permittee shall submit a
plan to the department.  The plan must include the methods and
procedures to be used for sampling, testing, and quality assurance and
must specify how the source will operate during the test and how the
permittee will document that operation.  The permittee shall submit a
complete plan within 60 days after receiving a request under (k) of this
section and at least 30 days before the scheduled date of any test
unless the department agrees in writing to some other time period.
Retesting may be done without resubmitting the plan.

(n)  At least 10 days before conducting a source test, the permittee
shall give the department written notice of the date and the time the
source test will begin.

(o)  Within 60 days after completing a source test, the permittee shall
submit two copies of the results in the format set out in the Source
Test Report Outline, adopted by reference in

18 AAC 50.030.  The permittee shall certify the results in the manner
set out in (j) of this section.  If requested in writing by the
department, the permittee must provide preliminary results in a shorter
period of time specified by the department.  (Eff. 1/18/97, Register
141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.140

AS 46.14.010		AS 46.14.130		AS 46.14.180

	AS 46.14.020

18 AAC 50.346.  Construction and operating permits:  other permit
conditions. (a)  For a construction permit or Title V permit, the
department will use the standard permit condition in this subsection,
unless the department determines that emission unit-specific or
stationary source-specific conditions more adequately meet the
requirements of this chapter or that no comparable condition is
appropriate for the stationary source or emission unit.  The
department’s Standard Permit Condition II – Air Pollution
Prohibited, as revised as of August 25, 2004, is adopted by reference.

(b)  In a Title V permit, the department will use the standard permit
conditions listed in this subsection, unless the department determines
that emission unit-specific or stationary source-specific conditions
more adequately meet the requirements of this chapter or that no
comparable condition is appropriate for the Title V source or emission
unit.  The following standard permit conditions prepared by the
department are adopted by reference:

(1)   Standard Permit Condition I – Emission Fees, as revised as of
August 25, 2004;

(2)  Standard Permit Condition III – Excess Emissions and Permit
Deviation Reports, as revised as of August 25, 2004;

(3)  Standard Permit Condition IV – Notification Form, as revised as
of August 25, 2004;

(4)  Standard Operating Permit Condition V – Insignificant Sources, as
revised as of August 25, 2004;

(5)  Standard Operating Permit Condition VI – Good Air Pollution
Control Practices, as revised as of August 25, 2004;

(6)  Standard Operating Permit Condition VII – Operating Reports, as
revised as of August 25, 2004.

(c)  Unless the department determines that emission unit-specific or
stationary source-specific conditions more adequately meet the
requirements of this chapter, the department will use the standard
operating permit conditions listed in Table 7 of this subsection for the
respective emission unit or emission unit types identified in the table.
 The standard operating permit conditions listed in Table 7 are adopted
by reference.

Table 7

Emission Unit or Activity	Standard Permit Condition

-Gas-fired fuel burning equipment, except flares	Standard Operating
Permit Condition VIII – Visible Emissions and Particulate Matter
Monitoring Plan for Gas-Fired Fuel Burning Equipment, August 25, 2004

–Stationary diesel engines

–Liquid-fired stationary turbines

–Other liquid-fired fuel burning equipment	Standard Operating Permit
Condition  IX –Visible Emissions and Particulate Matter Monitoring
Plan for Liquid-Fired Sources, August 25, 2004

–Coal fired boilers

–Coal handling equipment

–Construction of gravel pads or roads that are part of a permitted
stationary source, or other construction that has the potential to
generate fugitive dust that reaches ambient air

–Commercial, industrial, municipal solid waste, air curtain, and
medical waste incinerators

–Sewage sludge incinerators not using wet methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under the control of the operator with frequent vehicle
traffic

–Other sources the department finds are likely to generate fugitive
dust

	Standard Operating Permit Condition X – Reasonable Precautions to
Prevent Fugitive Dust, August 25, 2004

–Fuel burning equipment burning liquid fuel	Standard Operating Permit
Condition XI – SO2 Emissions from Oil Fired Fuel Burning Equipment,
August 25, 2004

–Fuel burning equipment burning liquid fuel	Standard Operating Permit
Condition XII – SO2 Material Balance Calculation, August 25, 2004

–Coal fired boilers	Standard Operating Permit Condition XIII – Coal
Fired Boilers, August 25, 2004

(d)   Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.180

	AS 46.14.010		AS 46.14.130		AS 46.14.250

		AS 46.14.020		AS 46.14.140

18 AAC 50.350.  Operating permits:  content.  Repealed.  (Eff. 1/18/97,
Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am
5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.355.  Changes to a permitted facility.  Repealed.  (Eff.
1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.360.  Facility changes that violate a permit condition.
Repealed.  (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register
171)

18 AAC 50.365.  Facility changes that do not violate a permit condition.
 Repealed.  (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register
171)

18 AAC 50.370.  Administrative revisions.  Repealed.  (Eff. 1/18/97,
Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375.  Minor and significant permit revisions.  Repealed.
(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98,
Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.380.  General operating permits. Repealed.  (Eff. 1/18/97,
Register 141; am 6/14/98, Register 146; repealed 10/1/2004, Register
171)

18 AAC 50.385.  Permit-by-rule for certain small storage tanks.
Repealed.  (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register
171)

18 AAC 50.390.  Permit-by-rule for drilling rigs and associated
equipment.  Repealed.  (Eff.  2/2/2002, Register 161; am 2/6/2002,
Register 161; repealed 10/1/2004, Register 171)

Article 4.  User Fees.

Section

400.  Permit administration fees

401.  Fees for a notice of MACT approval

403.  Negotiated service agreements

405.  Transition process for permit fees

410.  Emission fees

420.  Billing procedures

430.  Fee appeal procedures

499.  Definition for user fee requirements

	18 AAC 50.400.  Permit administration fees.  (a)  The permittee, owner,
or operator of a Title V source described under 18 AAC 50.326 shall pay
to the department the annual permit administration fees listed in this
subsection.  Permittees will be invoiced in July for each period from
July 1 through the following June 30.  Each annual permit fee is
one-fifth of the total original permit cost or total cost of permit
renewal.  An annual permit fee listed in this subsection for an original
permit is applicable for five years following the date of the
application for the original permit.  An annual permit fee listed in
this subsection for renewal of a permit is collected in subsequent years
after the fee for an original permit is paid in full.  If a Title V
source has been issued a Title V permit before January 29, 2005, the
permittee, owner, or operator shall pay the applicable annual fee for
permit renewal.  The following permit administration fees apply to

Title V sources:

(1)  for renewal of a permit for an oil-and-gas source with the
potential to emit more than 250 tons per year of any one pollutant, the

(A)  annual permit fee is $1,633; and

(B)  annual compliance review fee is $2,915;

(2)  for renewal of a permit for a large power plant with the potential
to emit more than 250 tons per year of any one pollutant, the

(A)  annual permit fee is $1,485; and

(B)  annual compliance review fee is $1,700;

(3)  for renewal of a permit for a small power plant with the potential
to emit more than 250 tons per year of any one pollutant, the

(A)  annual permit fee is $1,315; and

(B)  annual compliance review fee is $1,460;

(4)  for an original permit for a Title V source, with the potential to
emit more than 100 and less than 250 tons per year of any one pollutant,
and that is an oil-and-gas source or thermal soil remediation unit, the

(A)  annual permit fee is $2,020; and

(B)  annual compliance review fee is $2,070;

(5)  for renewal of a permit for a Title V source, with the potential to
emit more than 100 and less than 250 tons per year of any one pollutant,
and that is an oil-and-gas source or thermal soil remediation unit, the

(A)  annual permit fee is $1,347; and

(B)  annual compliance review fee is $2,070;

(6)  for an original permit for a small power plant with the potential
to emit more than 100 and less than 250 tons per year of any one
pollutant, the

(A)  annual permit fee is $1,989; and

(B)  annual compliance review fee is $1,540;

(7)  for renewal of a permit for a small power plant with the potential
to emit more than 100 and less than 250 tons per year of any one
pollutant, the

(A)  annual permit fee is $1,326; and

(B)  annual compliance review fee is $1,540;

(8)  for a Title V source that is operating under the department’s
general operating permit for diesel engines, the annual compliance
review fee is $160;

(9)  for renewal of a permit for a Title V source, other than one
described in (1) – (8) of this subsection, and that has the potential
to emit less than 250 tons per year of any one pollutant, the

(A)  annual permit fee is $1,326; and

(B)  annual compliance review fee is $1,540.

(b)  If the permittee, owner, or operator of a Title V source is subject
to an annual permit fee listed in (a) of this section for renewal of a
Title V permit, and does not apply to renew the Title V permit for that
source, the department will refund any annual permit fees that had been
paid for that renewal.  Annual compliance review fees and annual permit
fees for original permits are not refundable.

(c)  Before the department takes action on any permit application
received, and unless the minor permit is to be issued using the
fast-track procedures in 18 AAC 50.542(b) – (c), the permittee, owner,
or operator of a stationary source described in 18 AAC 50.502(b) who
requests a minor permit must pay a nonrefundable one-time permit fee
listed in this subsection.  The following one-time permit fees apply to
stationary sources listed in 18 AAC 50.502(b):

(1)  for an asphalt plant described in 18 AAAC 50.502(b)(1), a permit
fee of $3,975;

(2)  for a thermal soil remediation unit described in 18 AAC
50.502(b)(2), a permit fee of $5,300;

(3)  for a rock crusher described in 18 AAC 50.502(b)(3), a permit fee
of $2,650;

(4)  for an incinerator described in 18 AAC 50.502(b)(4), a permit fee
of $7,950;

(5)  for a Port of Anchorage stationary source, a permit fee of $7,950;

(6)  for a coal preparation plant, a permit fee of $6,360.

(d)  Before the department takes action on any permit application
received, and if the minor permit is to be issued using the fast-track
procedures in 18 AAC 50.542(b) – (c), the permittee, owner, or
operator of a stationary source described in 18 AAC 50.326 or

18 AAC 50.502 not subject to (c) of this section who requests a minor
permit must pay a nonrefundable one-time permit fee of $3,975.  However,
if fast-track procedures are not available under 18 AAC 50.542(b)(1),
the permittee, owner, or operator must pay, for a stationary source
other than one described in 18 AAC 50.502(b), and additional
nonrefundable permit fee of $2,650.

(e)  Before the department takes action on an application received for a
permit under

18 AAC 50.508(2) – (3), the permittee, owner, or operator of a
stationary source must pay a nonrefundable one-time permit fee as
follows:

(1)  for a minor permit establishing or revising a plantwide
applicability limitation (PAL) without an ambient air quality analysis,
a permit fee of $3,975;

(2)  for a minor permit establishing or revising a plantwide
applicability limitation (PAL) with an ambient air quality analysis, a
permit fee of $7,950;

(3)  for a minor permit approving a pollution control project (PCP)
exclusion, a permit fee of $4,770, except as provided in (f) of this
section.

(f)  With a notice submitted under 18 AAC 50.509 for a pollution control
project (PCP) listed in 40 C.F.R. 52.21(b)(32)(i) - (vi), adopted by
reference in 18 AAC 50.040, the owner or operator must submit a
nonrefundable one-time fee of $795.

(g)  If the department prepares a new general operating permit or a new
general minor permit, the department will determine the cost of that
permit by multiplying the number of hours the department spent to
develop the permit by the hourly rate of salary and benefits of the
department employees who developed the permit.  This cost will be
divided by the number of permittees who receive or are expected to
receive the permit to determine the permit administration fee.

(h)  The permittee, owner, or operator of a stationary source shall pay
an annual compliance review fee of $530, to be paid for each period from
July 1 through the following June 30, for a stationary source that is
not classified as needing a Title V permit and that is

(1)  subject to a minor permit under 18 AAC 50.502; the compliance
review fee must be paid in addition to the one-time permit fees in (c) -
(f) of this section or a general minor permit fee in (g) of this
section; or

(2)  required to have a minor permit under 18 AAC 50.502(b), that is
operating under an operating or general operating permit issued before
October 1, 2004.

(i)  Before the department takes action on any request or application
received, the permittee, owner, or operator of a stationary source who
requests a minor permit, review, action, or activity described in this
subsection must pay a nonrefundable one-time permit fee as follows:

(1)  to change a Title I permit by administrative amendment under
AS 46.14.285, a permit fee of $110;

(2)  to change a Title V permit by administrative amendment under

18 AAC 50.326, or to add a minor permit to a Title V permit by
administrative amendment under 18 AAC 50.542(e), a permit fee of $110,
except as provided in (3) of this subsection;

(3)  to change a Title V permit by administrative amendment to
incorporate, in accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by
reference in 18 AAC 50.040, the requirements from a construction permit
issued under 18 AAC 50.316, a permit fee of $795;

(4)  for department approval of a modeling protocol, a fee of $1,170.

(j)  After the department completes a review, action, or activity
described in this subsection, and sought by the permittee, owner, or
operator of a stationary source described in 18 AAC 50.326 or 18 AAC
50.502, the permittee, owner, or operator will be invoiced for and shall
pay a nonrefundable one-time fee as follows:

(1)  for department review under 18 AAC 50.345(m) of a source test plan,
a fee of $400;

(2)  for department review under 18 AAC 50.345(o) of the results of a
source test, a fee of $400;

(3)  for department review and processing of an excess emission report
or permit deviation report submitted in accordance with a stationary
source's permit, a fee of $26.50;

(4)  for a fee review under 18 AAC 15.190, a fee of $110; the department
will waive the fee charged under this paragraph if the outcome of the
fee review is a reduction of 50 percent or more in the amount of the
disputed fee.

(k)  The permittee, owner, or operator of a stationary source who
requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC
50.508(5) or a preapproved emission limit under 18 AAC 50.230 must pay
the following fees:

(1)  for an ORL,

(A)  a one-time administrative fee of $1,990, to be paid before the
department takes action on any request received; and

(B)  an annual compliance review fee of $110, unless the permittee,
owner, or operator is required to pay an annual compliance review fee
under (a) or (h) of this section;

(2)  for a preapproved emission limit for diesel engines under 18 AAC
50.230(c),

(A)  a one-time administrative fee of $110, to be paid before the limit
takes effect; and

(B)  an annual compliance review fee of $110;

(3)  for a preapproved emission limit for a gasoline distribution
facility considered  under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A)  a one-time administrative fee of $110, to be paid before the limit
takes effect; and

(B)  an annual compliance review fee of $110.

(l)  Except as provided in (m)(10) of this section, the fee for
department approval of open burning under 18 AAC 50.065 is $200.

(m)  Unless the designated regulatory service is subject to a fixed fee
set out in (a) - (l) of this section, or to the terms of a negotiated
service agreement under AS 37.10.052(b) and 18 AAC 50.405, the
permittee, owner, or operator shall pay an hourly permit administration
fee for a designated regulatory service.  The department will calculate
the total amount due under this subsection by multiplying the number of
hours the department spent to provide the designated regulatory service
by the hourly rate of salary and benefits of the department employees
who provided the designated regulatory service, and by adding to the
resulting amount any other direct costs.  Designated regulatory services
subject to this subsection include regulatory services for

(1)  a minor permit under 18 AAC 50.502(c)(1), if a construction permit
is not required under AS 46.14.130(a) for that stationary source;

(2)  a minor permit under 18 AAC 50.502(c)(3);

(3)  an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, if
requested under 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 50.542(d)
by the permit applicant; at the request of the permittee, and if the
permittee is current on all other billings in the department, the
department will hold in abeyance a fee charged under this paragraph
during the course of the adjudicatory hearing;

(4)  a minor modification to a Title V permit under 40 C.F.R.
71.7(e)(1), adopted by reference in 18 AAC 50.040;

(5)  a significant modification to a Title V permit under 40 C.F.R.
71.7(e)(3), adopted by reference in 18 AAC 50.040;

(6)  a clean unit designation in accordance with 40 C.F.R. 52.21(y),
adopted by reference in 18 AAC 50.040;

(7)  revision or rescission of terms or conditions of a Title I permit;

(8)  observation of a source test;

(9)   pre-application assistance;

(10)  department approval of open burning under 18 AAC 50.065, if the
department determines that smoke incursion into a public place, into an
airport, into a Class I area, into a nonattainment area for carbon
monoxide or PM-10, or into a maintenance area for carbon monoxide or
PM-10 is likely;

(11)  compliance and enforcement activities, including preparation of a
notice of violation, compliance order by consent, settlement agreement,
or consent decree; however, for purposes of this paragraph, compliance
and enforcement activities do not include activities after the filing of
a complaint in court;

(12)  completion of a permitting action that was requested before
January 29, 2005, except as provided in 18 AAC 50.405;

(13)  the reopening of permit terms or conditions at the request of the
permittee, owner, or operator before issuance of a permit.

(n)  In this section,

(1)  "airport" has the meaning given in AS 02.25.100;

(2)  "large power plant"

(A)  means a Title V source

(i)  that contains a coal-fired boiler;

(ii)  the purpose of which is to generate electricity, and that contains
a combustion turbine electric generator or natural gas-fired steam
plant; or

(iii)  that has a potential to emit a total greater than or equal to 500
tons per year of regulated air pollutants in the aggregate, and that
contains emission units used to provide power to a mine or military
base; and

(B)  does not include a Title V source that operates under the
department's general permit for diesel engines;

(3)  "oil-and-gas source" means a Title V source not described in (2)(A)
of this subsection, the purpose of which is the exploration for,
extraction of, processing of, transportation of, or storage of crude
oil, natural gas, or other petroleum products, or related activities;
"oil-and-gas source" does not include a petroleum refinery or liquefied
natural gas (LNG) plant;

(4)  "public place" has the meaning given in AS 46.06.150;

(5)  "small power plant"

(A)  means a Title V source not described in (2)(A) or (3) of this
subsection

(i)   the purpose of which is to generate electricity, and that contains
one or more diesel-fired internal combustion engines to generate power

(ii)  the purpose of which is seafood processing; or

(iii)  that has a potential to emit a total less than 500 tons per year
of regulated air pollutants in the aggregate, and that contains emission
units used to provide power to a mine or military base; and

(B)  does not include a Title V source that operates under the
department's general permit for diesel engines.  (Eff. 1/18/97, Register
141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004,
Register 172; am 1/29/2005, Register 173)

Authority:	AS 37.10.050		AS 44.46.025		AS 46.14.140

AS 37.10.052		AS 46.03.020		AS 46.14.240

AS 37.10.058

18 AAC 50.401.  Fees for a notice of MACT approval.  Repealed.  (Eff.
10/1/2004, Register 171; repealed 1/29/2005, Register 173)

18 AAC 50.403.  Negotiated service agreements.  If a fixed permit
administration fee has not been set under 18 AAC 50.400(a) - (l)  for a
designated regulatory service, the permittee, owner, or operator of a
stationary source may request a negotiated service agreement under
AS 37.10.052(b) for that designated regulatory service.  If requesting
a negotiated service agreement for one or more of the following
designated regulatory services, the permittee, owner, or operator must
submit a retainer payment of $5,300 per designated regulatory service
before the department begins negotiations:

(1)  a minor permit under 18 AAC 50.502(c)(2)(B);

(2)  a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3)  a major modification of a major stationary source;

(4)  a construction permit under 18 AAC 50.302 for a new stationary
source or modification subject to the construction permitting
requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5)  a permit for the construction of a new stationary source or
addition of an emission unit at a stationary source, if the stationary
source is

(A)  in a sulfur dioxide special protection area established under

18 AAC 50.025(c);

(B)  in the Nikiski Industrial Area; or

(C)  on an offshore platform;

(6)  a major modification of a major stationary source, for which a
limit is requested specifically to avoid review under 18 AAC 50.306;

(7)  a minor permit under 18 AAC 50.508(4);

(8)  the renewal of a Title V permit for a Title V source for which fees
are not established under 18 AAC 50.400(a);

(9)  a notice of MACT approval under 18 AAC 50.321.  (Eff. 1/29/2005,
Register 173; am 12/3/2005, Register 176)

Authority:	AS 37.10.050		AS 44.46.025		AS 46.14.140

		AS 37.10.052		AS 46.03.020		AS 46.14.240

		AS 37.10.058

18 AAC 50.405.  Transition process for permit fees.  For a permit issued
under this chapter, if the applicant has submitted an application before
January 29, 2005 and the department has not yet worked on that permit
application, at the request of the applicant, the department will
process the permit under the provisions of 18 AAC 50.400 - 18 AAC 50.499
in effect on January 29, 2005.  Any retainer submitted before January
29, 2005 will be applied to any fees effective after January 29, 2005.
(Eff. 1/29/2005, Register 173)

Authority:	AS 37.10.050		AS 46.03.020		AS 46.14.240

		AS 44.46.025		AS 46.14.140

18 AAC 50.410.  Emission fees.  (a)  On or after July 1, 2005, for each
period from July 1 through the following June 30, the permittee, owner,
or operator shall pay to the department an annual emission fee based on
the stationary source’s assessable emissions for that year for each
stationary source that is subject to a permit under this chapter.

(b)  Except as provided in (c) of this section, the rate is $12.52 per
ton for emissions of each air pollutant if a stationary source emits
more than 10 tons of that air pollutant for that year, except that the
emission fee for reduced sulfur compounds or ammonia is limited to the
first 4,000 tons of emissions in the year.

(c)  The quantity of emissions for which fees will be assessed is the
lesser of the stationary source’s

(1)  potential to emit; or

(2)  projected annual rate of emissions, as that term is used in AS
46.14.250, if demonstrated by

(A)  an enforceable test method described in 18 AAC 50.220;

(B)  material balance calculations;

(C)  emission factors from EPA’s Compilation of Air Pollutant Emission
Factors, Volume I:  Stationary Point and Areas Sources, adopted by
reference in

18 AAC 50.035; or

(D)  other methods and calculations approved by the department.

(d)  For a stationary source that needs an operating permit only because
that source contains an emission unit that is subject to a federal
emission standard under 42 U.S.C. 7411 or 42 U.S.C. 7412, and that is
not described in (a)(2) or (a)(3) of this section, only emissions from
the emission unit subject to that standard are subject to emission fees
under this section.

(e)  In emissions projections prepared under AS 46.14.250(h)(1)(B) and
(c)(2) of this section, the permittee, owner, or operator shall account
for emissions from equipment classified under 18 AAC 50.100 that
temporarily replaces or substitutes for permanently installed equipment
at a stationary source.

(f) Notwithstanding (a)-(d) of this section, for the projected annual
rate of emissions for a portable oil and gas operation under a general
minor permit under 18 AAC 50.560, the permittee shall pay the emission
fee

	(1) at the time of application or notification for operation that will
occur in the same state fiscal year;

(2) for operation that will occur during more than one state fiscal year
under

a single application or notification, after billing under 18 AAC 50.420
by the department for any subsequent state fiscal year; and

(3) at the following rates for a single portable oil and gas operation
for which the

owner or operator submits a new application or notification for
operation under the general minor permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes
North latitude,

(i)  $1,808 for operation at one or more ice pads during a winter
drilling season;

(ii)  $5,424 for operation during a state fiscal year at one or more
sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside the area described in
(A) of this paragraph,

(i)  $1,685 for drilling five or fewer wells under the same application
or notification during a state fiscal year;

(ii)  $3,370 for drilling no fewer that six and no more than 10 wells
under the same application or notification during a state fiscal year;

(iii)  $5,055 for drilling 11 or more wells under the same application
or notification during a state fiscal year.

(g) For purposes of this section, “state fiscal year” means a year
beginning on July 1 of one calendar year and ending on June 30 of the
following calendar year. (Eff. 1/18/97, Register 141; am 5/3/2002,
Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171;
am 1/29/2005, Register 173; am 12/3/2005, Register 176)

Authority:	AS 44.46.025		AS 46.14.140		AS 46.14.250

AS 46.03.020

18 AAC 50.420.  Billing procedures.  (a)  The department will bill
emission fees assessed under 18 AAC 50.410(a) on or before July 1 of
each year in a manner consistent with AS 46.14.250.  The department will
bill fixed permit administration fees under AS 46.14.240 and 18 AAC
50.400(a) - (l)

(1)  on or before the 15th of July; however, for the period from January
29, 2005 through June 30, 2005, the permit administration fees will be
billed on or after January 29, 2005 and prorated for that time period;
or

(2)  quarterly on or before January 15, April 15, July 15, and October
15 if requested in writing by the person required to pay the fee.

(b)  On or before the 15th of each month, the department will bill
permit administration fees for designated regulatory services rendered
during the preceding month under

18 AAC 50.400(m).  However, for reviews of excess emission reports, the
department will bill on a semiannual basis if requested in writing by
the person required to pay the fee.

(c)  Fees assessed under this chapter are due within 60 days after the
billing date.  A payment that is past due accrues interest at the rate
set in AS 46.14.255 unless the person required to pay the fee
successfully disputes the fee or a portion of the fee under 18 AAC
50.430.  Interest will be charged on the unpaid balance, beginning on
the 61st day after the billing date.

(d)  A person required to pay an emission fee under 18 AAC 50.410 may
pay that fee in equal quarterly installments if

(1)  the fee exceeds $1,000; and

(2)  a written request is submitted to the department with the first
installment before the due date described in (c) of this section.

(e)  If installment payments are requested under (d) of this section,
the remaining three installments, including interest accrued as
described in (c) of this section, must be paid on or before October 15,
January 15, and April 15 of each year.

(f)  An owner, operator, or permittee who

(1)  increases a stationary source's assessable emissions through a
permit revision shall pay to the department an emission fee for the
increase in assessable emissions; the fee is due within 60 days after
the effective date of the permit revision; or

(2)  decreases the stationary source's assessable emissions through a
permit revision may request a prorated refund or credit to the
stationary source's fee account toward future fees.

(g)  The owner, operator, or permittee who terminates operations or
whose permit has lapsed or is terminated by the department may request a
refund calculated by the department for fees collected in excess of the
amount due for the stationary sources' actual emissions.

(h)  Unless the owner, operator, or permittee requests otherwise, an
invoice for emission fees or permit administration fees will be sent to
the last known address of the stationary source that is subject to the
fee.  In an invoice, the department will include an itemized list of
charges and credits for the billing period and a calculation of total
credit balance or amount due on the account.  For permit administration
fees for designated regulatory services under

18 AAC 50.400(m), the department will also include as part of the
itemized list the

(1)  date on which the task was performed and a description of the task;

(2)  name of the individual who performed the task; and

(3)  the time spent on the task on that date and the charge for the
task, determined under 18 AAC 50.400(m).  (Eff. 1/18/97, Register 141;
am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005,
Register 173)

Authority:	AS 44.46.025		AS 46.14.140		AS 46.14.250

AS 46.03.020		AS 46.14.240		AS 46.14.255

18 AAC 50.430.  Fee appeal procedures.  (a)  A person who disputes the
imposition of a fee under AS 46.14 or this chapter or who disputes the
computation of charges may request review under 18 AAC 15.190.

(b)  Repealed 7/11/2002.

(c)  Repealed 7/11/2002.  (Eff. 1/18/97, Register 141; am 7/11/2002,
Register 163)

Authority:	AS 44.46.025		AS 46.14.140		AS 46.14.250

AS 46.03.020		AS 46.14.240

18 AAC 50.499.  Definitions for user fee requirements.  In 18 AAC 50.400
–

18 AAC 50.499, unless the context requires otherwise,

(1)  “designated regulatory service” has the meaning given in AS
37.10.058;

(2)  “direct cost” has the meaning given in AS 37.10.058;

(3)  “hourly rate of salary and benefits” has the meaning given in
AS 37.10.058.  (Eff. 1/29/2005, Register 173)

Authority:  	AS 37.10.050		AS 44.46.025		AS 46.14.140

		AS 37.10.052		AS 46.03.020		As 46.14.240

		As 37.10.058

Article 5.  Minor Permits.

Section

502.  Minor permits for air quality protection

508.  Minor permits requested by the owner or operator

509.  Construction of a pollution control project without a permit

540.  Minor permit: application

542.  Minor permit: review and issuance

544.  Minor permits: content

546.  Minor permits: Revisions

560.  General minor permits

18 AAC 50.502.  Minor permits for air quality protection.  (a)  A minor
permit is required as described in (b) - (f) of this section, except
that a permit is not required under this section

(1)  before construction, modification, or relocation of a new major
stationary source or major modification that requires a permit under 18
AAC 50.306 – 18 AAC 50.311; however, a minor permit is required under
this section for an air pollutant if that air pollutant is not
significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC
50.040, and if a permit is not required under 18 AAC 50.311; a minor
permit that is required under this paragraph for that air pollutant will
be issued as part of the major permit;

(2)  before operation if the stationary source needs a Title V permit;
however, the need for a Title V permit does not exempt a stationary
source from the requirement for a minor permit for construction,
modification, or relocation;

(3)   before relocation if the stationary source is already allowed by
permit to operate at the new location; or

(4)  as provided in (g) of this section.

(b)  Except as provided in (a) or (d) of this section, the owner or
operator must obtain a minor permit under this section before
construction, operation, or relocation of a stationary source containing

(1)  an asphalt plant with a rated capacity of at least five tons per
hour of product;

(2)  a thermal soil remediation unit with a rated capacity of at least
five tons per hour of untreated material;

(3)  a rock crusher with a rated capacity of at least five tons per
hour;

(4)  one or more incinerators with a cumulative rated capacity of 1,000
pounds or more per hour;

(5)  a coal preparation plant; or

(6)  a Port of Anchorage stationary source.

(c)  The owner or operator must obtain a minor permit under this section
before commencing

(1)  construction of a new stationary source with a potential to emit
greater than

			(A)  15 TPY of PM-10;

(B)  40 TPY of nitrogen oxides;

(C)  40 TPY of sulfur dioxide;

(D)  0.6 TPY of lead; or

(E)  100 TPY of carbon monoxide within 10 kilometers of a nonattainment
area; or

(2)  construction or, if not already authorized in a permit under this
chapter, relocation

(A) on or after December 3, 2005 of a portable oil and gas operation,
unless the owner or operator

(i) complies with an existing operating permit developed for the
portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete
Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of
10 million Btu or more per hour in a sulfur dioxide special protection
area established under 18 AAC 50.025(c); or

(3)  a physical change to or change in the method of operation of an
existing stationary source with a potential to emit an air pollutant
greater than an amount listed in (1) of this subsection that will cause
for that pollutant an emissions increase calculated at the discretion of
the owner or operator as either an increase in

(A)  potential to emit that is greater than

(i)  10 TPY of PM-10

(i)  10 TPY of sulfur dioxide;

(iii)  10 TPY of nitrogen oxides; or

(iv)  100 TPY of carbon monoxide for a stationary source within 10
kilometers of a nonattainment area; or

(B)  actual emissions and a net emissions increase greater than

(i)  10 TPY of PM-10

(i)  10 TPY of sulfur dioxide;

(iii)  10 TPY of nitrogen oxides; or

(iv)  100 TPY of carbon monoxide for a stationary source within 10
kilometers of a nonattainment area.

(d)  An owner or operator may satisfy the requirement for a minor permit
under this section through a stationary source-specific permit issued
under 18 AAC 50.540 –

18 AAC 50.544 or a general minor permit under 18 AAC 50.560.  An owner
or operator may apply for a minor permit under this section that is
valid at multiple locations.  The owner or operator of a stationary
source listed in (b) of this section

(1)  if operating under an operating permit issued before October 1,
2004 may

(A)  continue to operate under that permit, which remains in effect
regardless of the stated expiration date in the permit, unless the
department takes an action under AS 46.14.280; or

(B)  apply for a new permit under this section at any time; or

(2)  if qualified, may apply for an operate under a general operating
permit that was issued before October 1, 2004 and that has not expired
or been revoked by the department as of the date the department receives
a complete application; the owner or operator may

(A)  continue to operate under that permit, which remains in effect
regardless of the stated expiration date in the permit, unless the
department takes action under AS 46.14.280; or

(B)  apply for a new permit under this section at any time..

(e)  For the purposes of (c)(3) of this section, actual emissions shall
be calculated by comparing projected actual emissions to the baseline
actual emissions.  In determining the projected actual emissions, before
beginning actual construction, the owner or operator of the stationary
source shall

(1)  consider all relevant information, including historical operational
data, the owner’s or operator’s own representations, the owner’s
or operator’s expected business activity and the owner’s or
operator’s highest projections of business activity, the owner’s or
operator’s filings with the state or federal regulatory authorities,
and compliance plans under AS 46.14.120; and

(2)  include fugitive emissions to the extent quantifiable and emissions
associated with startups, shutdowns, and malfunctions; and

(3)  exclude, in calculating any increase in emissions that results from
the particular project, that portion of the unit's emissions following
the project that an existing unit could have accommodated during the
consecutive 24-month period used to establish the baseline actual
emissions and that are also unrelated to the particular project,
including any increased utilization due to product demand growth.

(f)   If the owner or operator elects to base permit applicability for a
modification on a calculation of actual emissions, if the project does
not need a minor permit based on that calculation, and if a reasonable
possibility exists that the project may result in an emissions increase
greater than the thresholds in (c)(3) of this section, the owner or
operator shall comply with the following:

(1)  before beginning actual construction of the project, the owner or
operator shall document and maintain a record of the following
information:

(A)  a description of the project;

(B)  identification of each emission unit that has emissions of a
regulated NSR pollutant that could be affected by the project; and

(C)  a description of the applicability test used to determine that the
project is not a modification subject to (c)(3) of this section for any
regulated NSR pollutant, including the baseline actual emissions, the
projected actual emissions, the amount of emissions excluded under
(e)(3) of this section, an explanation for why that amount was excluded,
and any netting calculations, if applicable;

(2)  if the emission unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information listed in(1) of this
subsection to the department;

(3)  the owner or operator shall monitor the emissions of any regulated
NSR pollutant that could increase as a result of the project and that is
emitted by any emission unit identified in (1)(B) of this subsection,
and shall calculate and maintain a record of the annual emissions, in
tons per year on a calendar year basis, for a period of five years
following resumption of regular operations after the project, or for a
period of 10 years following resumption of regular operations after the
project if the project increases the design capacity of or potential to
emit that regulated NSR pollutant at that emission unit;

(4)  if the emission unit is an existing electric utility steam
generating unit, the owner or operator shall submit a report to the
department within 60 days after the end of each year during which
records must be generated under (3) of this subsection setting out the
unit's annual emissions during the calendar year that preceded
submission of the report.

(5)  if the emissions unit is an existing unit other than an electric
utility steam generating unit, the owner or operator shall submit a
report to the department if the annual emissions, in tons per year, from
the project identified in (1) of this subsection, exceed the baseline
actual emissions, as documented and maintained under (1)(C) of this
subsection, by an amount exceeding the thresholds in (c)(3) of this
section for that regulated NSR pollutant, and if those emissions differ
from the reconstruction projection as documented and maintained under
(1)(C) of this subsection; the report shall be submitted to the
department within 60 days after the end of that year; the report must
contain the following:

(A)  the name, address, and telephone number of the stationary source;

(B)  the annual emissions as calculated under (3) of this subsection;

(C)  any other information that the owner or operator wishes to include
in the report.

(g)  An increase in emissions under (c)(3) of this section does not
require a permit under that paragraph if

(1)  the emission unit is designated as a clean unit under 40 C.F.R.
52.21(x) – (y), adopted by reference in 18 AAC 50.040;

(2)  the project is approved to use the pollution control project (PCP)
exclusion under 40 C.F.R. 52.21(z), adopted by reference in 18 AAC
50.040; or

(3)  a plantwide applicability limitation (PAL) is established for the
stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18
AAC 50.040.

(h)  For the purposes of this section

(1)  “baseline actual emissions” has the meaning given in 40 C.F.R.
52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that
definition the term “major stationary source” is revised to read
“stationary source within the meaning given in AS 46.14.990”;

(2)  “electric utility steam generating unit” has the meaning given
in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by
reference;

(3)  “net emissions increase” has the meaning given in 40 C.F.R.
52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net
emissions increase” applies to

(A)  any increase in emissions of an air pollutant at a stationary
source with existing emissions of that air pollutant greater than the
amounts listed in (c)(1) of this section; notwithstanding 40 C.F.R.
52.21(a)(2)(iv), as reference in 40 C.F.R. 52.21(b)(3)(i)(a), “net
emissions increase” is not restricted to a significant emissions
increase or significant net emissions increase within the meaning of 40
C.F.R. 52.21(b)(3), (23), and (40, or to a major stationary source; and

(B)  the calculation of whether a modification requires a minor permit
under (c)(3) of this section, rather than whether the modification is a
major modification;

(4)  “projected actual emissions” means the maximum annual rate, in
tons per year, at which an existing emission unit is projected to emit a
regulated NSR pollutant in any one of the five 12-month periods
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or the
potential to emit that regulated NSR pollutant and full utilization of
the unit would result in an emissions increase or a net emissions
increase greater than a threshold in (c)(3) of this section.  (Eff.
10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005,
Register 176)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140

18 AAC 50.508.  Minor permits requested by the owner or operator.  An
owner or operator may request a minor permit from the department for

(1)  designating an emission unit at a major stationary source as a
clean unit in accordance with 40 C.F.R. 52.21(y); the provisions of 40
C.F.R. 52.21, adopted by reference in 18 AAC 50.040, apply to a clean
unit designated by a permit issued under this chapter;

(2)  approving a project at a major stationary source for a pollution
control project (PCP) exclusion, except for a project that may be
designated as a PCP without a permit under

18 AAC 50.509; the provisions of 40 C.F.R. 52.21(z), adopted by
reference in 18 AAC 50.040, apply to a PCP exclusion approved under this
chapter;

(3)  establishing or revising a plantwide applicability limitation (PAL)
for a major stationary source; the provisions of 40 C.F.R. 52.21(aa),
adopted by reference in 18 AAC 50.040, apply to a PAL established or
revised under this chapter;

(4)  establishing actual emission reductions from an existing stationary
source if requested by that source’s owner or operator to offset an
increase in allowable nonattainment air pollutant emissions at a

(A)  new major stationary source;

(B)  major modification; or

(C)  PAL major modification;

(5)  establishing an owner requested limit (ORL) for a stationary
source; the owner or operator may avoid a permit classification under AS
46.14.130 if the department approves an owner requested limit on the
source’s ability to emit air pollutants; a limitation approved under
an ORL is an enforceable limitation for the purpose of determining

(A)  stationary source-specific allowable emissions; and

(B)  a stationary source’s potential to emit; or

(6)  revising or rescinding the terms and conditions of a Title I permit
issued under this chapter.  (Eff. 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140

	18 AAC 50.509.  Construction of a pollution control project without a
permit.  Notwithstanding 18 AAC 50.508, and immediately after receipt by
the department of notice from an owner or operator, the owner or
operator may begin, without a permit, actual construction of a pollution
control project (PCP) listed in 40 C.F.R. 52.21(b)(32)(i) - (vi),
adopted by reference in 18 AAC 50.040, unless a permit is required under
this chapter or a notice of MACT approval under 18 AAC 50.321 is
required under this chapter for the project.  A notice received under
this section from the owner or operator must contain the information
listed in 40 C.F.R. 52.21(z)(3), adopted by reference in 18 AAC 50.040.
To maintain eligibility for the PCP exclusion, the owner or operator
must respond to any requests by the department for additional
information that the department determines is necessary to evaluate the
suitability of the project for the PCP exclusion.  (Eff. 10/1/2004,
Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.140

		AS 46.14.010		AS 46.14.130		AS 46.14.170

		AS 46.14.020

18 AAC 50.540.  Minor permit: application.  (a)  Application
information.  An application for a stationary source-specific minor
permit must provide all of the information required by this section,
including all information required by the applicable listed forms,
unless the department specifies that the provision of one or more
specific items makes the provision of additional items unnecessary for
the department’s determination. Applications must be on department
forms.

(b)  General information.  Each application must include the information
prescribed by the Stationary Source Identification Form, included in the
department’s Minor Permit Application Forms, adopted by reference in
18 AAC 50.030.

(c)  Minor permit for air quality protection.  Except for a Port of
Anchorage stationary source, a permit application under 18 AAC 50.502
must include

(1)  the information required in the following forms, included in the
department’s Minor Permit Application Forms, adopted by reference in
18 AAC 50.030:

(A)  the Emission Unit Information Form;

(B)  the Emission Summary Form; and

(2)  for a permit for construction, modification, or relocation of a
stationary source, a demonstration that the proposed potential emissions
from the stationary source will not interfere with the attainment or
maintenance of the ambient air quality standards; the ambient
demonstration must follow an approved modeling protocol if the
department requests a modeling protocol for demonstrating compliance
with ambient air quality standards; unless the department has made a
finding in writing that the stationary source or modification does not
need an ambient analysis to determine that construction and operation
will not result in a violation of an ambient air quality standard, the
application must include an ambient analysis for

(A)  each air pollutant for which a permit is required under

18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and
gas operation;

(C)  sulfur dioxide for a stationary source in an sulfur dioxide special
protection area established under 18 AAC 50.025(c); or

(D)  an air pollutant for which the department requests an analysis for
a stationary source classified under 18 AAC 50.502(b).

(d)  Carbon monoxide source or modification.  For construction that
would increase carbon monoxide emissions by 100 TPY or more within 10
kilometers of a nonattainment area, an application must include a
demonstration that the potential to emit carbon monoxide emissions from
construction and operation of the stationary source or emissions
increase from the modification will not cause or contribute to a
violation of the ambient air quality standard for carbon monoxide.

(e)  Port of Anchorage.  For a Port of Anchorage stationary source, the
application must include the information required in the department’s
Air Quality Compliance Certification Procedures for Volatile Liquid
Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference
in 18 AAC 50.030.

(f)  Clean units.  An application for a minor permit making a clean unit
designation must include a demonstration that the unit meets the
criteria for a clean unit in 40 C.F.R. 52.21(y)(3) and (4), adopted by
reference in 18 AAC 50.040.

(g)  Pollution control project (PCP).  An application for a minor permit
approving a pollution control project (PCP) exclusion must include the
information listed in 40 C.F.R. 52.21(z)(3)(i) – (v), adopted by
reference in 18 AAC 50.040.

(h)  Plantwide applicability limitation (PAL).  An application for a
minor permit establishing or revising a plantwide applicability
limitation (PAL) must include the information listed in 40 C.F.R.
52.21(aa)(3), adopted by reference in 18 AAC 50.040.  As the department
considers necessary to evaluate impacts on ambient air quality
standards, the department will require the application to include a
demonstration that emissions under the PAL will not cause or contribute
to a violation of ambient air quality standards.

(i)  Offsetting emissions.  An application for a minor permit for a
limitation to establish offsetting emissions must specify the physical
or operational limitations necessary to provide actual emission
reductions of the nonattainment air pollutant; including

(1)  a calculation of the expected reduction in actual emissions; and

(2)  the emission limitation representing that quantity of emission
reduction.

(j)  Owner requested limits (ORLs).  An application for a minor permit
establishing an owner requested limit (ORL) must include the information
and materials required under

18 AAC 50.225(b)(2) – (7).

(k)  Revising or rescinding permit conditions.  An application for a
minor permit revising or rescinding terms or conditions of a Title I
permit must include

(1)  a copy of the Title I permit that established the permit term or
condition;

(2)  an explanation of why the permit term or condition should be
revised or rescinded;

(3)  the effect of revising or revoking the permit term or condition on
emissions, other permit terms, and compliance monitoring; and

(4)  for a condition that allows an owner or operator to avoid a permit

classification, the information required of an applicant for that type
of permit, unless the revised condition would also allow the owner or
operator to avoid the classification.  (Eff. 10/1/2004, Register 171; am
12/1/2004, Register 172; am 12/3/2005, Register 176)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140

18 AAC 50.542.  Minor permit:  review and issuance.  (a)  Permit
issuance procedure options.  The department will use either the
fast-track procedures in (b) and (c) of this section, or the procedures
in (d) of this section to issue a stationary source-specific minor
permit.  The fast-track procedures are available for a permit
classification under 18 AAC 50.502 if the application qualifies under
(b) and (c) of this section, unless

(1)  the stationary source is

(A)  classified under 18 AAC 50.502(c) for carbon monoxide emissions;

(B)  in a sulfur dioxide special protection area established under

18 AAC 50.025(c);

(C)  in the Nikiski Industrial Area; or

(D)  on an offshore platform; or

(2)  a person requests a public comment period under (b)(1) of this
section.

(b)  Fast-track procedures.  Fast-track procedures for minor permits
under

18 AAC 50.502 are as follows:

(1)  upon receiving a complete application the department will give
notice using the Alaska Online Public Notice System established under AS
44.62.175, by mail or electronic mail to persons on a list maintained by
the department, including any person who requests to be notified, and by
other means the department finds necessary for informing the public; if
a person requests to be sent notice by postal mail instead of electronic
mail, the department will send the notice by postal mail; in the notice,
the department will

(A)  include a summary of the information provided by the applicant, and

(B)  give any person 15 days to request a 30-day public comment period
under (d) of this section; if a comment period is requested, the
department will make a preliminary decision and issue a public notice
under (d) of this section;

(2)  if required by the department, the owner or operator shall apply
online;

(3)  for an air pollutant for which a permit is required under 18 AAC
50.502(c), or for an air pollutant for which the department requests an
analysis for a stationary source classified under 18 AAC 50.502(b), the
application must include a screening ambient air quality analysis in
accordance with (c) of this section, unless the department has made a
finding in writing that the stationary source or modification does not
need an ambient air quality analysis to determine that construction and
operation will not result in a violation of an ambient air quality
standard;

(4)  the fast-track procedures are available only if all predicted air
pollutant concentrations meet the compliance criteria in (c)(2) of this
section;

(5)  if the approval criteria of (f) of this section are met, the
department will issue the permit within 30 days after receiving the
application.

(c)  Screening ambient air quality analysis.  A screening ambient air
quality analysis under (b)(3) of this section

(1)  must

(A)  follow a modeling protocol developed by the department or otherwise
approved by the department that is suitable for fast-track permitting;
the department will approve the protocol for a screening level modeling
demonstration if it finds that the department would be able to
adequately review the resulting modeling demonstration in the time
available for fast-track permitting;

(B)  use a model and screening meteorological data approved by the
department for the fast-track procedure;

(2)  is considered to show compliance with the ambient air quality
standard for an air pollutant and averaging period if

(A)  for a new stationary source or modification, the predicted ambient
air concentration from the stationary source, excluding offsite or
background contributions, does not exceed 2/3 of each ambient standard
for PM-10, or 80 percent of each ambient standard for sulfur dioxide or
nitrogen oxides;

(B)  for a modification, the predicted concentration resulting from the
increase is less than the significant impact levels in Table 5 in 18 AAC
50.215(d); or

(C)  for a modification, if the owner or operator has completed a
previous ambient analysis that adequately characterizes the stationary
source as it existed before the modification and, the sum of the highest
ambient air concentration from the previous analysis plus the highest
predicted ambient air concentration resulting from the increase is less
than the concentration described in (A) of this paragraph.

(d)  Procedures that include a public comment period.  The department
will use the following procedures to issue a permit under 18 AAC 50.508
or to issue a permit under

18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this
section are not available:

(1)  no later than 30 days after an application is determined or
considered to be complete under AS 46.14.160 or additional information
is submitted in accordance with

AS 46.14.160(c), the department will make a preliminary decision to
approve or deny the application; the department will provide notice and
opportunity for public comment on the department’s preliminary
decision as follows:

(A)  the department will provide at least 30 days for the public to
submit comments;

(B)  the department will give notice

(i)  using the Alaska Online Public Notice System established under AS
44.62.175;

(ii)  by mail or electronic mail to persons on a list maintained by the
department, including any person who requests to be notified; if a
person requests to be sent notice by postal mail instead of electronic
mail, the department will send the notice by postal mail; and

(iii)  by other means the department finds necessary for informing the
public;

(C)  the department will make available for public inspection in at
least one location in the affected area

(i)  the information submitted by the owner or operator;

(ii)  any department analysis on the effect on air quality;

(iii)  the reasons for the department’s preliminary approval or
denial; and

(iv)  if the department proposes to approve the application, a copy of
the proposed permit;

(D)  for a request under 18 AAC 50.508(6) to revise a construction
permit issued under 18 AAC 50.306 – 18 AAC 50.316, the department will
provide an opportunity for public hearing in accordance with 40 C.F.R.
51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E)  the department will make a preliminary decision to approve the
application only if the application includes all information required by
18 AAC 50.540, and the department finds that the approval criteria of
(f) of this section will be met; the department will include in a
preliminary permit any conditions necessary to assure compliance with
this chapter;

(2)  the department will notify the applicant, and any person who
commented on the department’s preliminary decision, of the
department’s final decision to approve or deny the permit application;
a person described in AS 46.14.200 may request an informal or
adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340;
in a notification of denial of an application, the department will
include the reasons for denial.

(e)  Adding a minor permit to a Title V permit by administrative
amendment.  An owner or operator may add the conditions of a minor
permit to a Title V permit by administrative amendment if

(1)  the minor permit is issued using procedures that satisfy the
requirements of both this section and 18 AAC 50.326; and

(2)  the permit contains terms and conditions that satisfy the
requirements of both 18 AAC 50.544 and 18 AAC 50.326.

(f)  Approval criteria.  The department will

(1)  deny a minor permit application for a stationary source or
modification classified under 18 AAC 50.502 if the department finds that
construction and operation will result in a violation of

(A)  a requirement of 18 AAC 50.045 – 18 AAC 50.090; or

(B)  an ambient air quality standard;

(2)  deny a minor permit application for carbon monoxide emissions near
a nonattainment area if the department finds that construction and
operation of the stationary source will cause an ambient concentration
that exceeds a carbon monoxide concentration in Table 5 in 18 AAC 50.215
at a location that does not or would not meet an ambient air quality
standard for carbon monoxide;

(3)  deny a minor permit for a Port of Anchorage stationary source if
the department finds that construction and operation of that source will
result in a violation of a requirement of 18 AAC 50.045 – 18 AAC
50.090;

(4)  approve a minor permit for designating a clean unit, if the
department finds that the emission unit satisfies the criteria for a
clean unit in 40 C.F.R. 52.21(y), adopted by reference in 18 AAC 50.040;

(5)  approve a minor permit to use a pollution control project (PCP)
exclusion, if the department finds that the project satisfies the
criteria for a PCP in 40 C.F.R. 52.21(z), adopted by reference in 18 AAC
50.040;

(6)  approve a minor permit for establishing or revising a PAL, if the
department finds that the emission unit satisfies the criteria for a PAL
in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if
the department required an ambient air quality analysis, that emissions
under the PAL will not cause or contribute to a violation of an ambient
air quality standard;

(7)  approve a minor permit for a limitation requested under 18 AAC
50.508(4) to establish offsetting emissions, if the department finds
that permanent, actual emission reductions of the nonattainment air
pollutant will result from the limitations proposed in the application;

(8)  approve a minor permit establishing an owner requested limit under

18 AAC 50.508(5), if the department finds that

(A)  the stationary source is capable of complying with the limit; and

(B)  the permit conditions are adequate for determining continuous
compliance with the limit; and

		(9)  approve a request under 18 AAC 50.508(6) to revise or rescind a
Title I permit term or condition, if the department finds that the
permit will still require the owner or operator to comply with all
applicable requirements of this chapter.

(g)  Duration.  A minor permit issued under this section remains in
effect until changed by another Title I permit or by an action by the
department under AS 46.14.280, except

(1)  as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC
50.040, for a clean unit, pollution control project, or plantwide
applicability limitation; and

(2)  that an owner requested limit that avoids only a Title V permit
remains in effect until the owner or operator requests in writing to
revise or revoke the limit and, if the new limit no longer avoids the
requirement for a Title V permit, obtains that permit.  (Eff. 10/1/2004,
Register 171; am 12/1/2004, Register 172)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140		AS 46.14.200

18 AAC 50.544.  Minor permits: content.  (a)  In each minor permit
issued under

18 AAC 50.542, the department will

(1)  identify the stationary source, the project, the permittee, and
contact information;

(2)  include the requirement to pay fees in accordance with 18 AAC
50.400 –

18 AAC 50.499;

(3)  include any conditions established under 18 AAC 50.201; and

(4)  include the requirements of an owner requested limit under 18 AAC
50.225 that applies to the stationary source.

(b)  In each minor permit under 18 AAC 50.502(b), the department will
include

 (1)  terms and conditions as necessary to ensure that the proposed
stationary source or modification will meet the requirements of AS 46.14
and this chapter, including terms and conditions under AS 46.14.180 for

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

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

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

(D)  keeping records; and

(E)  making periodic reports on process operations and emissions;

(2)  a permit condition requiring the owner or operator to

(A)  perform regular maintenance considering the manufacturer’s or the
operator’s maintenance procedures;

(B)  keep records of any maintenance that would have a significant
effect on emissions; the records may be kept in an electronic format;
and

(C)  keep a copy of either the manufacturer’s or the operator’s
maintenance procedures.

(c)  In each minor permit under 18 AAC 50.502(c), the department will
include terms and conditions

(1)  as necessary to ensure that the proposed stationary source or
modification will not cause or contribute to a violation of any ambient
air quality standard or the standards of

18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms
and conditions under AS 46.14.180 for

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

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

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

(D)  keeping records; and

(E)  making periodic reports on process operations and emissions;

(2)  performance tests for emission limits under 18 AAC 50.050 –

18 AAC 50.090; and

(3)  maintenance of equipment according to the manufacturer’s or
operator’s maintenance procedures.

(d)  For each stationary source that is not subject to Title V
permitting under

18 AAC 50.326, the department will include in the minor permit the
requirement for a periodic affirmation, in accordance with 18 AAC
50.205, of whether the stationary source is still accurately described
by the application and minor permit, and whether the owner or operator
has made changes that would trigger the requirement for a new permit
under this chapter.  In the minor permit, the department will set out a
time period between required affirmations as appropriate to the
stationary source regulated by the minor permit.

(e)  In a minor permit that approves a pollution control project
exclusion in accordance with 40 C.F.R. 52.21(z), adopted by reference in
18 AAC 50.040, the department will include the requirements listed in 40
C.F.R. 52.21(z)(6).

(f)	In a minor permit that establishes or revises a plantwide
applicability limitation (PAL), the department will include

(1)  the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference
in

18 AAC 50.040; and

(2)  conditions as the department considers necessary to prevent
emissions under the PAL from causing or contributing to a violation of
an ambient air quality standard.

(g)  In each minor permit under 18 AAC 50.508(4) to establish offsetting
emissions, the department will include terms and conditions to ensure
that the stationary source will meet the criteria in 18 AAC
50.542(f)(7), including terms and conditions imposed under AS 46.14.180
for

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

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

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

(D)  keeping records; and

(E)  making periodic reports on process operations and emissions.

(h)  A minor permit establishing an owner requested limit (ORL) under

18 AAC 50.508(5) consists of a letter of approval from the department.
In the letter of approval, the department will

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

(2)  list all equipment covered by the approval;

(3)  describe the permit that the limit allows the owner or operator to
avoid; and

(4)  set out the statement “I understand and agree to the terms and
conditions of this approval” followed by a space for the owner’s or
operator’s signature; the ORL becomes effective on the date of the
signature.

(i)  In each minor permit under 18 AAC 50.508(6) that revises or
rescinds terms or conditions of a Title I permit, the department will
include terms and conditions as necessary to ensure that the permittee
will construct and operate the proposed stationary source or
modification in accordance with this chapter.  If the limit

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

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

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

(2)  made it possible to avoid a Title V permit, the limit remains in
effect until the owner or operator obtains

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

(B)  under this section or under a permit classified in 18 AAC 50.508, a
new limit that allows the owner or operator to continue to avoid the
need for the permit.  (Eff.10/1/2004, Register 171; am 12/1/2004,
Register 172; am 1/29/2005, Register 173)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140		AS 46.14.250

18 AAC 50.546.  Minor permits: Revisions.  (a)  The department will use
the procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor
permit, either at the request of the permittee, in accordance with AS
46.14.280.

(b)  Notwithstanding (a) of this section, the department may revise
non-substantive elements of a minor permit without further
administrative procedures.  (Eff. 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.120		AS 46.14.170

		AS 46.14.010		AS 46.14.130		AS 46.14.180

		AS 46.14.020		AS 46.14.140		AS 46.14.285

18 AAC 50.560.  General minor permits.  (a)  Criteria.  The department
may issue a general minor permit to allow construction or operation of
stationary sources or emission units that

(1)  require a minor permit;

(2)  involve the same or similar types of operation;

(3)  involve the same type of emissions; and

(4)  are subject to similar air quality control requirements.

(b)  General minor permit issuance procedures.  To issue a general minor
permit, the department will provide notice and opportunity for public
comment on the department’s proposed permit by

(1)  posting a public notice on the Alaska Online Public Notice System
established under AS 44.62.175;

(2)  sending a copy of the notice by mail or electronic mail to persons
on a list maintained by the department, including any person who has
requested to be notified; if a person requests to be sent notice by
postal mail instead of electronic mail, the department will send the
notice by postal mail;

(3)  distributing the notice using other means the department finds
necessary for informing the public;

(4)  allowing the public at least 30 days to submit comments; and

(5)  making available for public inspection in the affected area

(A)  a description of the stationary sources that would qualify under
the general minor permit;

(B)  the results of any department analysis on the effect on air
quality;

(C)  the reasons for the department’s proposed action;

(D)  a copy of the proposed permit and of the proposed application or
notification form;

(E)  a description of how interested persons may comment on the proposed
general minor permit, including the period during which the department
will accept public comments; and

(F)  the time and place of any public hearing; the department will
schedule any public hearing no sooner than 30 days after the date the
first notice was published.

(c)  Application or notification forms.  The department will issue an
application or notification form with each general minor permit.  This
may include an online or electronic form.  The forms will identify the
information that an applicant must provide to operate under the general
minor permit, including

(1)  information identifying the stationary source and location of the
stationary source, and contact information; as necessary to show that
the stationary source meets the qualifying criteria or a term or
condition of the general minor permit, the department will require that
location information required under this subsection or under (d) – (g)
of this section include a map and scale drawing;

(2)  any information that is necessary to determine that the stationary
source qualifies for the general minor permit;

(3)  identification of all equipment to be operated under the general
minor permit; and

(4)  a certification by the applicant that the stationary source is
capable of complying with all permit requirements.

(d)  Applying to construct or operate under a general minor permit.  To
construct or operate under a general minor permit, the owner or operator
must submit the appropriate completed application or notification form
for the specific stationary source type.  In a general minor permit, the
department will specify whether the applicant must submit a complete
notification form and operate in compliance with the general minor
permit, or whether the applicant must also obtain department approval
under (e) of this section to operate under the general minor permit.  If
the general minor permit requires that the applicant get approval, the
department will notify the owner or operator within 30 days after
receipt of the application that

(1)  the application is complete;

(2)  additional information is necessary to make the application
complete; or

(3)  the stationary source does not qualify for the general permit.

(e)  Approval to construct or operate under a general minor permit.
Approval to construct or operate under the general minor permit is
granted when the department finds the application complete.  If the
general minor permit does not require department approval, and if the
stationary source meets all of the qualifying criteria and operates in
compliance with the general minor permit, the owner or operator may
construct or operate under the permit immediately after the department
receives a completed notification form.  The general minor permit
authorizes construction or operation only for

(1)  equipment identified in the application or notification; and

(2)  a location identified under (c), (f), or (g) of this section.

(f)  General minor permit content.  In a general permit the department
will set out

(1)  criteria that must be met in order for a stationary source to
qualify under the general minor permit;

(2)  a requirement to notify the department of the physical location of
the stationary source before commencing construction or operation under
the general minor permit, if the location is not provided in the
application or notification;

(3)  requirements in accordance with 18 AAC 50.544;

(4)  for portable stationary sources, a notification form and procedures
for a change in location; and

(5)  any other terms and conditions that are necessary to assure that
the stationary source continues to meet the qualifying criteria of the
general minor permit.

(g)  Relocation.  A portable stationary source is authorized to operate
under a general minor permit at additional locations not identified in
the permit application or notification if the

(1)  permittee notifies the department by submitting a completed change
of location form following the procedures specified in the permit; and

(2)  stationary source will continue to meet all of the permit’s
qualifying criteria at each location.  (Eff. 10/1/2004, Register 171)

Authority:	AS 46.03.020		AS 46.14.130		AS 46.14.180

		AS 46.14.010		AS 46.14.140		AS 46.14.211

		AS 46.14.020		AS 46.14.150		AS 46.14.250

		AS 46.14.120		AS 46.14.170

Article 6.    (Reserved)

Article 7.  Conformity.

Section

700.  Purpose of 18 AAC 50.700 – 18 AAC 50.735

705.  Coverage of 18 AAC 50.700 - 18 AAC 50.735: obligations of
responsible agency

710.  Transportation conformity: incorporation by reference of federal
regulations

715.  Transportation conformity: interagency consultation procedures

720.  Transportation conformity: public involvement

725.  General conformity: incorporation by reference of federal
regulations

730.  General conformity: mitigation of air quality impacts

735.  General conformity: frequency of conformity determinations

18 AAC 50.700.  Purpose of 18 AAC 50.700 – 18 AAC 50.735.  The purpose
of

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan,
program project, or federal action within a nonattainment or maintenance
area, will not hinder attainment of the national ambient air quality
standards in that area if

(1) the plan, program, project, or action is federally-funded or
federally-approved; or

		(2)  the project is nonfederally funded but is a regionally
significant project that is funded, adopted, or approved by a current or
prior recipient of funds under 23 U.S.C. or

49 U.S.C. 53 (Federal Transit Act).  (Eff. 1/4/95, Register 133;
am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.705.  Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations
of responsible agency.  (a)  The requirements of  18 AAC 50.710 – 18
AAC  50.720 apply to

(1)  a transportation plan, program, or project within a nonattainment
or maintenance area that is funded by, or requires approval under, 23
U.S.C. or  49 U.S.C. 5301 – 5338; or

(2)  a project that is nonfederally funded, but that is a regionally
significant project funded, adopted, or approved by a current or prior
recipient of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the
Federal Transit Act)

(b)  The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all
federally-funded or approved actions within a nonattainment or
maintenance area not described in (a) of this section.

(c)  It is the obligation of the responsible agency to meet the
applicable requirements of 18 AAC 50.700 - 18 AAC 50.735.  For purposes
of

(1)  transportation conformity under 18 AAC 50.710 – 18 AAC 50.720,
“responsible agency” means the agency that

(A)  receives or manages the federal money for the transportation plan,
program, or project referred to in (a) of this section;

(B)  develops the transportation plan, program, or project referred to
in (a) of this section; or

(C)  funds, adopts, or approves a nonfederal, regionally significant
project and is a current or prior recipient of funds under 23 U.S.C. or
49 U.S.C. 53;

(2)  general conformity under 18 AAC 50.725 – 18 AAC 50.735,
“responsible agency” means the federal agency that is responsible
for the funding or for approval of the action referred to in (b) of this
section.  (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.710.  Transportation conformity: incorporation by reference of
federal regulations.  An agency subject to 40 C.F.R. 93 shall comply
with the following federal regulations, as amended through August 15,
1997, adopted by reference:

(1)  40 C.F.R. 93.100 (Purpose);

(2)  40 C.F.R. 93.101 (Definitions);

(3)  40 C.F.R. 93.102 (Applicability);

(4)  40 C.F.R. 93.103 (Priority);

(5)  40 C.F.R. 93.104 (Frequency of conformity determinations);

(6)  40 C.F.R. 93.106 (Content of transportation plans);

(7)  40 C.F.R. 93.107 (Relationship of transportation plan and TIP
conformity with the NEPA process);

(8)  40 C.F.R. 93.108 (Fiscal constraints for transportation plans and
TIPs);

(9)  40 C.F.R. 93.109 (Criteria and procedures for determining
conformity of transportation plans, programs, and projects:  General);

(10)  40 C.F.R. 93.110 (Criteria and procedures:  Latest planning
assumptions);

(11)  40 C.F.R. 93.111 (Criteria and procedures:  Latest emission
model);

(12)  40 C.F.R. 93.112 (Criteria and procedures:  Consultation);

(13)  40 C.F.R. 93.113 (Criteria and procedures:  Timely implementation
of TCMs);

(14)  40 C.F.R. 93.114 (Criteria and procedures:  Currently conforming
transportation plan and TIP);

(15)  40 C.F.R. 93.115 (Criteria and procedures:  Projects from a plan
and TIP);

(16)  40 C.F.R. 93.116 (Criteria and procedures:  Localized CO and PM-10
violations (hot spots));

(17)  40 C.F.R. 93.117 (Criteria and procedures:  Compliance with PM-10
control measures);

(18)  40 C.F.R. 93.118 (Criteria and procedures:  Motor vehicle
emissions budget);

(19)  40 C.F.R. 93.119 (Criteria and procedures:  Emission reductions in
areas without motor vehicle emissions budgets);

(20)  40 C.F.R. 93.120  (Consequences of control strategy implementation
plan failures);

(21)  40 C.F.R. 93.121 (Requirements for adoption or approval of
projects by other recipients of funds designated under 23 U.S.C. or 49
U.S.C. 53 (the Federal Transit Act));

(22)  40 C.F.R. 93.122 (Procedures for determining regional
transportation-related emissions);

(23)  40 C.F.R. 93.123 (Procedures for determining localized CO and
PM-10 concentrations (hot-spot analysis));

(24)  40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the
applicable implementation plan (or implementation plan submission));

(25)  40 C.F.R. 93.125  (Enforceability of design concept and scope and
project-level mitigation and control measures);

(26)  40 C.F.R. 93.126 (Exempt projects);

(27)  40 C.F.R. 93.127 (Projects exempt from regional emissions
analyses); and

(28)  40 C.F.R. 93.128 (Traffic signal synchronization projects).  (Eff.
1/4/95, Register 133; am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

Editor's note:  The regulations of the Federal Highway Administration
and the Federal Transit Authority concerning fiscal constraint referred
to by paragraph (8) may be found at 23 C.F.R. 450.216(a)(5), 23 C.F.R.
450.322(b)(11), and 23 C.F.R. 450.324(e).

18 AAC 50.715.  Transportation conformity: interagency consultation
procedures.  (a)  Before issuing a final conformity determination under
18 AAC 50.700 - 18 AAC 50.720, the responsible agency described in 18
AAC 50.705(c)(1), shall

(1)  contact the office of the local governing body to determine if that
office is aware of any plans for construction of a regionally
significant project that is not funded under

23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for
which alternative locations, design concept and scope, or the no-build
option are still being considered;

(2)  prepare a preliminary interagency discussion draft, a public review
draft, and a final draft of the conformity determination through the
interagency consultation process described in (b) - (g) of this section
with staff of

(A)  the department;

(B)  the local air quality planning agency;

(C)  the Alaska Department of Transportation and Public Facilities;

(D)  the local transportation agency;

(E)  any agency created under state law that sponsors or approves
transportation projects;

(F)  the United States Environmental Protection Agency;

(G)  the Federal Highway Administration;

(H)  the Federal Transit Administration; and

(3)  hold a public hearing or meeting in accordance with procedures
established under 18 AAC 50.720 to provide the public with an
opportunity to consider the public review draft of the conformity
determination.

(b)  A staff member of the responsible agency shall

(1)  consult with staff of the agencies listed in (a)(2) of this section
to prepare a preliminary interagency discussion draft of the conformity
determination, including necessary supporting information;

(2)  ensure that all documents and information relevant to the
preliminary interagency discussion draft are available to staff from the
participating agencies; and

(3)  consider the comments of staff from participating agencies and
respond in writing to those comments in a timely, substantive manner
before making a final decision on the preliminary interagency discussion
draft; written agency comments and written responses must be included in
the record of any conformity decision or action.

(c)  In preparing the preliminary interagency discussion draft, a staff
member of the responsible agency shall consult with the staff of the
agencies listed in (a)(2) of this section to

		(1)  evaluate and choose a traffic demand and regional emissions
model, and associated methods and assumptions to be used in a hot-spot
analysis or a regional emissions analysis;

		(2)  determine which minor arterials and other projects should be
considered regionally significant for purposes of a regional emissions
analysis, in addition to those regionally significant projects as
defined in 40 CFR 93.101, adopted by reference in

18 AAC 50.710;

(3)  discuss whether a project that is otherwise exempt from the
requirements of  18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126
and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be
treated as nonexempt if potential regional emissions impacts or other
adverse emissions impacts might exist for any reason;

(4)  determine, as required by 40 C.F.R. 93.113(c)(1), adopted by
reference in

18 AAC 50.710, whether past obstacles to implementation of a
transportation control measure (TCM) defined in 40 C.F.R. 93.101,
adopted by reference in 18 AAC 50.710, that is behind the schedule
established in the state implementation plan have been identified and
are being overcome, and whether state and local agencies with influence
over approvals or funding for TCMs are giving maximum priority to
approval or funding for TCMs; the interagency consultation process must
also consider whether delays in TCM implementation necessitate a
revision to the state implementation plan to remove or to substitute a
TCM or other emission reduction measures;

(5)  determine, as required by 40 C.F.R. 93.121, adopted by reference in

18 AAC 50.710,

(A)  that a regionally significant project

(i)  is included in a regional emissions analysis supporting the
currently conforming TIP's conformity determination, even if the project
is not included in the TIP for the purposes of project selection or
endorsement; and

(ii) design concept and scope have not changed significantly from those
included in the transportation plan, TIP, or regional emissions
analysis; or

(B)  that, based on the requirements for a project that is not from a
conforming transportation plan and TIP, as specified in 40 C.F.R. 93.118
and 40 C.F.R. 93.119, adopted by reference in 18 AAC 50.710,

(i)  there is a currently conforming transportation plan and TIP, and a
new regional emissions analysis that includes the regionally significant
project; and

(ii)  the currently conforming transportation plan and TIP will still
conform if the regionally significant project is implemented;

(6)  identify, as required by 40 C.F.R. 93.123(b), adopted by reference
in

18 AAC 50.710, projects located at sites within a PM-10 nonattainment
area identified in

18 AAC 50.015(b)(2) that have vehicle and roadway emission and
dispersion characteristics essentially identical to those at sites that
have air quality violations verified by monitoring, and that, therefore,
require a quantitative PM-10 hot-spot analysis; and

(7)  notify staff of participating agencies of any revision or amendment
to a transportation plan or TIP that merely adds or deletes an exempt
project listed in 40 C.F.R. 93.126, adopted by reference in 18 AAC
50.710.

	(d)  In addition to the consultation described in (c) of this section,
a staff member of the responsible agency shall consult with staff of the
state and local agencies listed in (a)(2) of this section to

(1)  evaluate events that will trigger new conformity determinations in
addition to those triggering events established in 40 C.F.R. 93.104,
adopted by reference in 18 AAC 50.710;

(2)  consider an emissions analysis for transportation activities that
extend beyond the boundaries of a local governing body, nonattainment
area, or air basin; and

(3)  determine the design, schedule, and funding of research and data
collection efforts and regional transportation model development by the
local governing body, such as household or travel transportation
surveys.

(e)  If the metropolitan planning area does not include the entire
nonattainment or maintenance area, the interagency consultation must
include staff of the local governing body and the Alaska Department of
Transportation and Public Facilities to determine conformity of all
projects outside the metropolitan planning area and within the
nonattainment or maintenance area.

(f)  After completing the interagency consultation process, the
responsible agency shall prepare the public review draft of the
conformity determination, based on changes made to the preliminary draft
during the consultation process, and shall make the public review draft
available for public review and comment as required in 18 AAC 50.720.

(g)  After opportunity for public review and comment on the public
review draft of the conformity determination, the responsible agency
shall

(1)  prepare a final draft of the conformity determination in
consultation with staff of the participating agencies; and

(2)  after the consultation described in (1) of this subsection, issue
the final conformity determination to the agencies listed in (a)(2) of
this section and provide the supporting information upon request.

(h)  The department will refer to the governor for resolution any
conflict between state agencies or between state and local agencies that
cannot be resolved by the heads of the involved agencies.  The
department will make the referral to the governor within 14 calendar
days after notification or a determination that the conflict cannot be
resolved.  A conformity determination that is the subject of a conflict
resolution under this subsection must have the governor's concurrence to
be considered final.  The department will provide the participating
agencies with a copy of its referral to the governor.  The governor may
delegate the role of resolving a conflict under this subsection and
deciding whether to concur in the conformity determination to a state
official or agency other than the department, the Alaska Department of
Transportation and Public Facilities, or a state transportation board or
commission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.720.  Transportation conformity: public involvement.  (a)  The
responsible agency referred to in 18 AAC 50.705(c) shall establish a
public involvement process to provide opportunity for public review and
comment on the public review draft of the conformity determination
before the agency issues a final conformity determination.  The public
involvement process must be consistent with the requirements of 23
C.F.R. 450.316(b)(1),

 23 C.F.R. 450.322(c), and 23 C.F.R. 450.324(c), as amended through
April 1, 1997.

(b) The responsible agency shall

(1)  subject to (d) of this section, hold a public hearing or meeting to
receive comments on the public review draft of the conformity
determination;

(2)  consider all comments received and prepare a written summary
analysis of significant comments; and

(3) specifically address in the summary analysis all public comments
concerning known plans for a regionally significant project that may not
have been properly reflected in the emissions analysis used to support a
proposed conformity finding for a transportation plan or TIP, regardless
of whether the regionally significant project is receiving federal
funding or approval.

 	(c)  Opportunity for public involvement under this section must
include access to information, emissions data, analyses, models, and
modeling assumptions used to perform a conformity determination.

(d)  If a project for which the provisions of (a) – (c) of this
section apply is also subject to a public involvement process under 42
U.S.C. 4321 - 4370b (National Environmental Policy Act), compliance with
the public involvement process under that law constitutes compliance
with (a) – (c) of this section.  (Eff. 1/4/95, Register 133; am
9/4/98, Register 147)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.725.  General conformity: incorporation by reference of
federal regulations.  In addition to the other requirements of 18 AAC
50.725 - 18 AAC 50.735, a federal agency described in 40 C.F.R.
51.853(b) - (j), as amended through December 1, 1994, shall comply with
the following federal regulations, as amended through December 1, 1994,
which are incorporated by reference in this chapter:

(1)  40 C.F.R. 51.850 (Prohibition);

(2)  40 C.F.R. 51.852 (Definitions);

(3)  40 C.F.R. 51.853(b) - (j) (Applicability);

(4)  40 C.F.R. 51.854 (Conformity analysis);

(5)  40 C.F.R. 51.855 (Reporting requirements);

(6)  40 C.F.R. 51.856 (Public participation);

(7)  40 C.F.R. 51.858 (Criteria for determining conformity of general
federal actions); and

(8)  40 C.F.R. 51.859 (Procedures for conformity determinations of
general federal actions).  (Eff. 1/4/95, Register 133)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.730.  General conformity: mitigation of air quality impacts.
(a)  The federal agency referred to in 18 AAC 50.725 shall identify in
writing

(1)  any measure intended to mitigate or offset the air quality impact
of the federal action;

(2)  the estimated emission reduction available from an identified
mitigation measure; and

(3)  the process for implementing a mitigation measure including, as
applicable,

(A)  a description of the funding source for the mitigation measure;

(B)  an implementation schedule with due dates for implementing the
mitigation measure; and

(C)  the process for tracking emission reductions from a mitigation
measure.

(b)  If a mitigation measure involves a separate person or agency, the
federal agency making the conformity determination shall, before
determining that the proposed federal action is in conformity, obtain a
written commitment from the person or agency responsible for
implementing the mitigation measure.   The written commitment must
identify the mitigation measure in a manner consistent with (a) of this
section and describe the nature of the commitment.  A person or agency
committing to a mitigation measure under this subsection shall comply
with the written obligations stated in the commitment.

(c)  If a mitigation measure is included as part of a license, permit,
or similar authorization issued by the federal agency, the federal
agency shall require the person or agency issued the license, permit, or
authorization to fully implement the mitigation measure as a condition
for continued approval of the license, permit, or authorization.

(d)  A federal agency may modify a mitigation measure if that agency

(1)  concludes that the proposed modification supports the conformity
determination, using the procedures and criteria set out in 40 C.F.R.
51.858 and 40 C.F.R. 859, adopted by reference in 18 AAC 50.725;

(2)  issues a public notice of the proposed modification, using the
public participation procedures set out in 40 C.F.R. 51.856, adopted by
reference in 18 AAC 50.725; and

(3)  reports the modification in accordance with 40 C.F.R. 51.855,
adopted by reference in 18 AAC 50.725.  (Eff. 1/4/95, Register 133)

Authority:	AS 46.03.020		AS 46.14.030

18 AAC 50.735.  General conformity: frequency of conformity
determinations.  (a)  The conformity status of a federal action lapses
five years after the date that a final conformity determination is
reported to the department unless

(1)  the federal action is completed before five years has elapsed; or

(2)  the federal agency has commenced a continuous program to implement
the action within a reasonable time.

(b)  An ongoing federal action showing continuous progress is not
considered a new action and does not require a periodic redetermination
required by this section if the emissions associated with the activity
are within the scope of the final conformity determination reported in
accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c)  If, after the final conformity determination is made, the federal
action is changed so that there is an increase in the total of direct or
indirect emissions above the levels set in

40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal
agency shall make a new conformity determination in accordance with 40
C.F.R. 51.854, adopted by reference in