Alaska Administrative Code

(a) If a vehicle becomes untestable during an I/M test, the certified mechanic may abort the I/M test. The EIS must allow the operator to abort during the data entry or the I/M test. The EIS must request the reason for aborting the I/M test and print a vehicle inspection report (…

(a) A certified mechanic shall perform official I/M testing as required in Part IV of the program manual. Before providing the motorist with an itemized estimate of repairs, the certified mechanic shall confirm that all parts are available for each repair, subject to the repair c…

(a) If, as part of an I/M test performed under 18 AAC 52.540(a), a certified mechanic determines that necessary repairs cannot be made before a vehicle's registration expires, the mechanic or station personnel shall complete an I/M estimate and determine parts availability. If th…

(a) If, as part of an I/M test performed under 18 AAC 52.540(a), a certified mechanic determines under 18 AAC 52.540(a) that parts are unavailable for one or more repairs, has completed any repair for which all parts are available, and cannot make further repairs to meet the repa…

The owner or operator of a certified station shall (1) maintain at the station legible copies of all work orders, repair estimates, vehicle inspection reports, invoices used to document repairs and inspections, and any other document related to the I/M program; (2) ensure that re…

In this chapter, unless the context requires otherwise (1) "aftermarket part" means a part that is not manufactured by the original equipment manufacturer; (2) "after-repair test" or "'A' test" means an I/M test performed after an I/M repair; (3) "alternate fuel" means a fuel oth…

(a) In this chapter, the terms "gasoline," "oxygenated gasoline," and "nonoxygenated gasoline" all relate to fuel that is commonly sold for use in a motor vehicle. Words and phrases used in this chapter are defined in 18 AAC 53.990. (b) The purpose of this chapter is to reduce ca…

(a) The requirements of this section are mandatory in a control area. The department strongly recommends compliance with this section in all areas of the state. Notwithstanding the provisions of this section that require the labeling to reflect a minimum oxygen content of 2.0 per…

(a) For the purposes of this chapter, the department will establish or reestablish a control period for one or more of the control areas described in (d) of this section. Not less than 180 days before the control period begins or is reestablished, the department will(1) publish n…

Notes 18 AAC 53.015 Eff. 4/23/94, Register 130; am 10/31/97, Register 144; repealed 9/4/98, Register 147

(a) Except as provided in (b) of this section, for the period beginning five days before the first day of a control period and ending on the last day of that control period, all gasoline sold, offered for sale, or distributed by a CAR for use in a control area during a control pe…

(a) To comply with the requirements of this chapter, the oxygen content of gasoline must be determined by(1) taking a representative sample of the gasoline to be tested, using the sampling methods specified in 40 C.F.R. 80, Appendix D, as amended through July 1, 1996, hereby adop…

(a) A CAR using the per-gallon method of compliance with this chapter shall document that each gallon of gasoline sold or dispensed for use within a control area during a control period has an oxygen content of not less than 2.7 percent by weight. (b) A CAR using the per-gallon m…

(a) A CAR using the averaging oxygen content method of compliance with this chapter shall document that the average oxygen content of the total volume of gasoline sold or transferred for use in a control area during a control period, including a debit or credit balance of applica…

(a) If the averaging oxygen content method of compliance under 18 AAC 53.040 is used by a CAR, an oxygen credit or debit is generated when a gallon of oxygenated gasoline is transferred by the CAR for use in a control area during a control period. An oxygen credit or debit per ga…

Notes 18 AAC 53.050 Eff. 9/25/92, Register 123; repealed 10/31/97, Register 144

(a) In addition to the other applicable requirements of this chapter, a person may not refine, distribute, blend, supply, sell, offer for sale, dispense, or otherwise market oxygenated gasoline for use in a control area during a control period unless that product(1) has received …

(a) A person may not operate as a CAR unless the person has registered with, and obtained a permit from, the department. A person who intends to operate as a CAR shall apply for registration and a permit to operate in each control area at least 30 days before the beginning of a c…

(a) A person who applies for registration and a permit to operate as a CAR under this chapter shall pay a $100 annual registration fee with the application for each control area. (b) Except as provided in (c) of this section, a CAR shall pay, with the application for a control ar…

(a) A person required to maintain records described in this section shall keep each record for at least five years after that record was produced and shall make the record available to the department upon request. (b) A refiner or an importer shall, for each separate quantity of …

(a) On forms approved by the department, a CAR shall submit to the department the information gathered to show compliance with 18 AAC 53.035 or 18 AAC 53.040 for each control period, as follows: (1) a monthly interim report for November, December, and January, no later than 30 da…

(a) Beginning five days before the first day of a control period until the end of that control period, each time that the physical custody or title to gasoline in or from a control area is transferred, a product transfer document must accompany the gasoline. The requirements of t…

Notes 18 AAC 53.110 Eff. 9/25/92, Register 123; repealed 10/31/97, Register 144

With consent from a person subject to this chapter, the department or its designee will (1) enter that person's business premises to determine compliance with this chapter; (2) inspect records subject to 18 AAC 53.090, 18 AAC 53.100, and 18 AAC 53.105; and (3) take gasoline sampl…

Except as provided in 18 AAC 53.005(e) (2) and 18 AAC 53.140, if gasoline contained in a storage tank at a facility owned, leased, operated, controlled, or supervised by a person subject to this chapter is found to be in violation of this chapter, the following persons are liable…

(a) Subject to (b) of this section, the following is a defense for a violation of 18 AAC 53.005(d) (1) - (5): (1) the person can demonstrate that the violation was not caused by that person or that person's employee or agent; and (2) the oxygen content stated in the product trans…

(a) A person may apply for a temporary variance from the requirements of this chapter if, for reasons beyond the applicant's control, the applicant cannot comply with the requirements of this chapter. The department will grant a request for a temporary variance, after public hear…

(a) To demonstrate an acceptable gasoline quality assurance program under this chapter, a CAR shall conduct periodic sampling and testing to determine whether the gasoline has an oxygen content that is consistent with the product transfer document required by 18 AAC 53.105. (b) A…

(a) To meet the reporting requirements of 18 AAC 53.100(b), a CAR must submit to an attest engagement that consists of a review of the supporting documentation used to prepare reports required under this chapter, for accuracy, completeness, and conformance with the requirements o…

Notes 18 AAC 53.180 Eff. 9/25/92, Register 123; repealed 10/31/97, Register 144

(a) Subject to (b) of this section, if a control area attains the NAAQS for carbon monoxide, and after consultation with and approval by the administrator, the commissioner will suspend the oxygenated gasoline control period under 18 AAC 53.010 in that control area. (b) If the re…

Unless the context indicates otherwise, in this chapter (1) "administrator" means the administrator of the EPA; (2) "agree" means to compare two sets of records to determine whether the records are consistent with each other; (3) "agreed-upon procedures" means procedures for cond…

Subject to the availability of appropriations, and except as provided in 18 AAC 54.200, this chapter applies to the award, allocation, and distribution of money that is disbursed to the department for the control of emissions or the development or administration of air quality co…

The following entities are eligible for a subgrant under this chapter: (1) as allowed under 42 U.S.C. 7403 and 7405 (Clean Air Act secs. 103 and 105), an air pollution control agency, a public or nonprofit agency, an institution, an organization, or an individual; (2) as allowed …

To be eligible under this chapter, a proposal must address the control of air emissions or the development or administration of air quality control programs in the state for the purpose of reducing air pollution. Notes 18 AAC 54.030 Eff. 9/17/2010, Register 195 Authority:AS 44.46…

(a) The department will solicit proposals for subgrants under this chapter by publishing notice of the solicitation in a newspaper of general circulation, and posting the notice on the Alaska Online Public Notice System established under AS 44.62.175. The department may publish t…

A proposal submitted in response to a solicitation under 18 AAC 54.040 must be (1) complete and on forms provided by the department; to meet the requirements of this paragraph, the proposal must include a project narrative; (2) submitted by an eligible entity as described in 18 A…

The department will conduct a preliminary review of a proposal to ensure that it meets the requirements of 18 AAC 54.050. At any time during the review under this section, the department may request additional information if it considers that information necessary to a complete r…

The department will assemble a proposal review committee consisting of department employees to review the subgrant proposals. If the department determines that the proposal meets the requirements of 18 AAC 54.050, the proposal review committee shall accept, score, and rank the pr…

(a) Each member of the proposal review committee shall score a proposed project on a scale of 0 - 100 total points, and shall award(1) no more than 15 points for its rating of a proposed project's design, goals, and results, as set out in the project description; the committee sh…

(a) No later than 10 days after receiving the department's written notification under 18 AAC 54.080(f), the applicant may make a request for reconsideration to the director. The request for reconsideration must be in writing and must identify each part of the decision to which th…

(a) Subject to the availability of appropriations, the department will negotiate a subgrant agreement with the recipient. A recipient of a final award determination does not have a vested right or other entitlement to a subgrant until a mutually acceptable definitive written subg…

If the subgrantee is an entity that possesses sovereign immunity, the subgrantee must agree as a condition of receiving a subgrant that the subgrantee irrevocably waives its sovereign immunity with respect to enforcement of the subgrant agreement or claims related to the subgrant…

Joint application grants may be awarded to subgrantees directly if they were included or specifically named within an original grant application or work plan submitted by the department. Joint application grants are exempt from the solicitation requirements outlined in 18 AAC 54.…

In this chapter, unless the context requires otherwise, (1) "department" means the Department of Environmental Conservation; (2) "director" means the director of the division responsible within the department for air quality; (3) "proposal review committee" means the group assemb…

(a) The purpose of this chapter is to promote cost-effective, environmentally-sound solid waste management and to ensure that landfills are designed, built, and operated to minimize health and safety threats, pollution, and nuisances. Each type of solid waste that is disposed in …

(a) Except for the materials and actions allowed under 18 AAC60.005(c)(ll) and (13), and the use of coal ash in a mine reclamation project or a roadway project, the beneficial use of solid waste is allowable only with prior approval of the department. If a person wants to benefic…