18 AAC 50.316. Preconstruction review for construction or reconstruction of a major source of hazardous air pollutants

(a) Applicability. The owner or operator of a major source of hazardous air pollutants subject to a standard under 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040, must obtain a construction permit before

(1) constructing a new major source of hazardous air pollutants subject to that standard;

(2) reconstructing a major source of hazardous air pollutants subject to that standard; or

(3) reconstructing a major source of hazardous air pollutants in a way that causes the source to become an affected source that is major-emitting under C.F.R. Part 63 and subject to that standard.

(b) Definitions. The term "administrator" as used in 40 C.F.R. 63.5(d) - (e), adopted by reference in 18 AAC 50.040, means "department" for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepared and submitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After receiving a complete application,

(1) the department will prepare a report that contains a preliminary decision to approve or deny the permit application; the department will make a decision to issue the permit only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference in 18 AAC 50.040 are met;

(2) if the department makes the preliminary decision to deny the permit application, the owner, operator, or permittee may submit additional information for the department to consider before the department makes a final decision, as follows:

(A) after consulting with the applicant, the department will specify dates by which the applicant must submit any additional information under this paragraph;

(B) within 60 days after receiving the additional information, the department will

(i) make a preliminary decision to approve or approve with conditions; or

(ii) take a final permit action and deny the permit application for cause;

(3) if the department makes a preliminary decision to approve the permit application, the department will

(A) prepare a draft permit;

(B) 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); and

(C) make available for public review the materials submitted by the applicant and a copy of the proposed permit in at least one location within the area known or expected to be affected by the stationary source as proposed;

(4) if the department makes a decision to issue a final permit, the department will issue the permit consistent with AS 46.14.170 .

(d) Permit Content. In a permit under this section, the department will include terms and conditions that

(1) reference specific applicable requirements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2) require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240; and

(3) require payment of fees in accordance with 18 AAC 50.400 - 18 AAC 50.420.

(e) Notification. For each notification that the owner or operator is required to send to the administrator under 40 C.F.R. 63.9, adopted by reference in 18 AAC 50.040, the owner or operator shall also send a copy of the notification to the department.

History: Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172

Authority: AS 46.03.020

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