Title 46 — Water, Air, Energy, and Environmental Conservation

(a) After public hearing, the department may adopt regulations under this chapter establishing ambient air quality standards, emission standards, or exemptions to implement a state air quality control program required under 42 U.S.C. 7401 — 7671q (Clean Air Act), as amended, and …

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010(c) and (d) shall be made available by the department to the public at locations throughout the state that the department considers appropriate. (b) Before the depart…

(a) The department, by regulation, may classify stationary sources or emissions units that, in the department's determination, are likely to cause or contribute to air pollution, according to the levels and types of emissions and other characteristics that relate to air quality. …

Article 2. Emission Control Permit Program. The department shall act for the state in any negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401 — 7671q (Clean Air Act), as amended. The department may adopt regulations necessary to implement th…

[Repealed or reserved.]

(a) Before constructing, installing, modifying, or establishing a stationary source subject to AS 46.14.130(a), the owner and operator shall obtain a construction permit under this chapter. (b) Except when considered to be in compliance with this chapter under AS 46.14.275 or und…

(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following: (1) a new major stationary source; (2) a major modification; (3) a project subject to the construction permitting requirements of 42…

(a) The department shall adopt regulations to address substantive and procedural elements of the emission control permit program established under this chapter that are not addressed in statute, except elements that relate only to the internal management of the department and do …

(a) The owner and operator of a stationary source required to have an operating permit under this chapter shall submit the required application and other information required by the department by regulation no later than 12 months after the date on which the stationary source bec…

(a) The department shall review every application submitted under this chapter for completeness. To be determined complete, an application must provide the information identified by the department in regulations adopted under AS 46.14.140 and in standard application forms provide…

(a) Except as provided in AS 46.14.220 or in regulations adopted under AS 46.14.140(a)(7), after receipt of a complete application, and after notice and opportunity for public comment and hearing, the department shall issue or deny (1) a construction permit within 30 days after t…

Monitoring by the owner and operator of stack emissions or ambient air quality shall be required by the department only for purposes of demonstrating compliance with applicable permit program requirements. Monitoring requirements must be reasonable and based on test methods, anal…

(a) Except as provided in (b) of this section, the department shall issue only a single operating permit to a stationary source, regardless of whether the stationary source contains a single emissions unit or multiple emissions units. (b) The department may, upon request of a sta…

A person who has a private, substantive, legally protected interest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is required or solicited, a person who participated in the public comment process may r…

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the federal administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be simi…

After notice and opportunity for public comment and hearing, the department may establish a general minor permit that would be applicable to more than one stationary source determined by the department to be similar in structure. If authorized by the department, a permit issued u…

For purposes of AS 46.14.130(b), the department may issue a single operating permit under AS 46.14.170, authorizing a stationary source to operate at specific multiple locations in the state for temporary periods of time. A permit described in this section is valid only for the s…

(a) An operating permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier. If, during the 45-day …

(a) An operating permit under this chapter, including an operating permit that contains a compliance schedule, shall be issued for a fixed term of five years after the date of issue, except as provided for temporary operations under AS 46.14.215 or unless a shorter term is reques…

The department shall take measures practicable and otherwise lawful to avoid termination, modification, or revocation and reissuance by the federal administrator of permits issued by the department under this chapter.

(a) The owner or operator of a stationary source who is required to apply for a permit under AS 46.14.130 shall pay to the department all assessed permit administration fees established under (b) of this section except that the person named in a permit issued under AS 46.14.170 s…

(a) A person named as permittee in a permit issued under this chapter shall pay to the department all assessed emission fees established under this section. (b) The department shall establish by regulation an emission fee rate. The rate shall be set on the basis of dollars per to…

(a) The department may assess interest against the owner and operator after a fee is due under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two percentage points higher than the prime rate, as defined in AS 44.88.599, for the day the fe…

(a) The clean air protection fund is established. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS 46.14.140, as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii)) for stat…

(a) The emission control permit receipts account is established in the state treasury. Under AS 37.05.146(c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulations adopted under AS 46.14.140, other than fees described in AS 46.…

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and interest collected under AS 46.14.255 shall be deposited in the general fund and credited to a special account cal…

If an owner and operator have submitted a timely and complete application for a permit or a permit renewal, as applicable, but final action has not been taken on the application, the owner's and operator's failure to have an operating permit is not a violation of this chapter unl…

(a) After 30 days' written notice to the permittee, the department (1) may terminate, modify, or revoke and reissue a construction, operating, or minor permit if the department finds that (A) the permit was obtained by misrepresentation of material fact or by failure of the owner…

(a) A permittee may request (1) a permit amendment that provides for administrative changes to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emi…

(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401 — 7671q (Clean Air Act) and regulations adopted under i…

(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401 — 7671q (Clean Air Act). (b) The small business assistance program shall, by regulation, meet th…

(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program establi…

Article 4. Local Programs. (a) There is established in the department a compliance advisory panel whose members shall serve staggered three-year terms. A member may not serve more than two three-year terms consecutively. (b) The panel consists of (1) two members who are not owner…

(a) With the approval of the department, a municipality may establish and administer within its jurisdiction a local air quality control program that operates in lieu of and is consistent with all or part of the department's air quality program as established under this chapter. …

Article 5. Miscellaneous Provisions. (a) If a municipality or a local air quality district has an approved local air quality control program and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement o…

(a) The department shall seek delegation of authority from the federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations th…

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by regulation, for the control of the emissions from motor vehicles…

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS 46.14.140(a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner…

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the owner and operator have certified…

Except as provided in AS 46.14.520, permits, permit applications, emissions and monitoring reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and …

(a) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and appr…

[Repealed or reserved.]

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive…

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If …

Article 6. General Provisions. Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted unde…

This chapter does not (1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop; (2) affect the relations between employers and employees with respect to or arising o…

In this chapter, (1) “air pollutant” has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302); (2) “ambient air” has the meaning given in 40 C.F.R. 50.1; (3) “ambient air quality standard” means a standard, other than an emission standard, adopted under AS 46.14.010, 46.…