Title 18 . Environmental Conservation

Chapter 50 . Administrative Enforcement

Section 311. Nonattainment area major stationary source permits

18 AAC 50.311. Nonattainment area major stationary source permits

(a) In accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, before commencing construction of a major stationary source, major modification, or PAL major modification for a nonattainment pollutant in a nonattainment area, an owner or operator must obtain a construction permit from the department.

(b) The application for a permit under this section must include

(1) for the nonattainment air pollutant,

(A) demonstration, including substantiating information, that emissions of the pollutant will be controlled to a rate that represents the lowest achievable emission rate (LAER);

(B) demonstration that reductions in actual emissions from other stationary sources within the nonattainment area will equal or exceed the expected maximum emissions increase from the construction and operation of the stationary source or modification; and

(C) a description of the proposed reductions in actual emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description must include

(i) from each stationary source providing the emission reductions, a complete application for a minor permit under 18 AAC 50.508(4) ; and

(ii) a certification that proposed reductions in actual emissions will occur before the onset of emission increases from the stationary source or modification;

(2) a demonstration that other stationary sources owned or operated by the applicant within the state are in compliance with

(A) AS 46.14, this chapter, the Clean Air Act, and applicable federal regulations; or

(B) an order issued under AS 46.03 that controls air emissions from those stationary sources; and

(3) a demonstration that the benefits of construction, operation, or modification of the stationary source will significantly outweigh the environmental and social costs incurred, considering factors such as alternative sites, sizes, production processes, and environmental control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by reference, the department will provide notice and opportunity for a 30-day public comment period on the department's proposed permit or proposed denial. The department will issue a permit only if the department finds that the applicant has shown that the stationary source or modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by reference in 18 AAC 50.040.

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

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

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

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

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

(D) keeping records; and

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

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

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

Authority: AS 46.03.020

AS 46.03.850

AS 46.14.010

AS 46.14.020

AS 46.14.130

AS 46.14.140

AS 46.14.170

AS 46.14.180