Title 18 . Environmental Conservation

Chapter 50 . Administrative Enforcement

Section 306. Prevention of significant deterioration (PSD) permits

18 AAC 50.306. Prevention of significant deterioration (PSD) permits

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

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

(1) in 40 C.F.R. 52.21 the term "administrator" means

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

(B) "department" elsewhere;

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

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

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

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

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

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

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

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

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

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

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

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

(D) keep records; and

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

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

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 - 18 AAC 15.340.

History: Eff. 10/1/2004, Register 171

Authority: AS 46.03.020

AS 46.14.010

AS 46.14.020

AS 46.14.120

AS 46.14.130

AS 46.14.140

AS 46.14.170

AS 46.14.180