18 AAC 50.502. Minor permits for air quality protection

(a) A minor permit is required as described in (b) - (f) of this section, except that a permit is not required under this section

(1) before construction, modification, or relocation of a new major stationary source or major modification that requires a permit under 18 AAC 50.306 - 18 AAC 50.311; however, a minor permit is required under this section for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issued as part of the major permit;

(2) before operation if the stationary source needs a Title V permit; however, the need for a Title V permit does not exempt a stationary source from the requirement for a minor permit for construction, modification, or relocation;

(3) before relocation if the stationary source is already allowed by permit to operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a permit under this section before construction, operation, or relocation of a stationary source containing

(1) an asphalt plant with a rated capacity of at least five tons per hour of product;

(2) a thermal soil remediation unit with a rated capacity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capacity of at least five tons per hour;

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or more per hour;

(5) a coal preparation plant; or

(6) a Port of Anchorage stationary source.

(1) construction of a new stationary source with a potential to emit greater than

(A) 15 TPY of PM-10;

(B) 40 TPY of nitrogen oxides;

(D) 0.6 TPY of lead; or

(E) 100 TPY of carbon monoxide within 10 kilometers of a nonattainment area; or

(2) construction or, if not already authorized in a permit under this chapter, relocation

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the owner or operator

(i) complies with an existing operating permit developed for the portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025(c) ; or

(3) a physical change to or change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in (1) of this subsection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in

(A) the potential to emit, that is greater than

(i) 10 TPY or PM-10;

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

(iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a nonattainment area; or

(B) actual emissions and a net emissions increase greater than

(i) 10 TPY of PM-10;

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

(iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a nonattainment area.

(d) An owner or operator may satisfy the requirement for a minor permit under this section through a stationary source-specific permit issued under 18 AAC 50.540 - 18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a stationary source listed in (b) of this section

(1) if operating under an operating permit issued before October 1, 2004 may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the department takes an action under AS 46.14.280 ; or

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for and operate under a general operating permit that was issued before October 1, 2004 and that has not expired or been revoked by the department as of the date the department receives a complete application; the owner or operator may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the department takes action under AS 46.14.280 ; or

(B) apply for a new permit under this section at any time.

(e) For the purposes of (c)(3) of this section, actual emissions shall be calculated by comparing projected actual emissions to the baseline actual emissions. In determining the projected actual emissions, before beginning actual construction, the owner or operator of the stationary source shall

(1) consider all relevant information, including historical operational data, the owner's or operator's own representations, the owner's or operator's expected business activity and the owner's or operator's highest projections of business activity, the owner's or operator's filings with the state or federal regulatory authorities, and compliance plans under AS 46.14.120 ; and

(2) include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(f) If the owner or operator elects to base permit applicability for a modification on a calculation of actual emissions, if the project does not need a minor permit based on that calculation, and if a reasonable possibility exists that the project may result in an emissions increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated NSR pollutant that could be affected by the project; and

(C) a description of the applicability test used to determine that the project is not a modification subject to (c)(3) of this section for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicable;

(2) if the emission unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information listed in (1) of this subsection to the department;

(3) the owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emission unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the project, or for a period of 10 years following resumption of regular operations after the project if the project increases the design capacity of or potential to emit that regulated NSR pollutant at that emission unit;

(4) if the emission unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under (3) of this subsection setting out the unit's annual emissions during the calendar year that preceded submission of the report.

(5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in (1) of this subsection, exceed the baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this section for that regulated NSR pollutant, and if those emissions differ from the reconstruction projection as documented and maintained under (1)(C) of this subsection; the report shall be submitted to the department within 60 days after the end of that year; the report must contain the following:

(A) the name, address, and telephone number of the stationary source;

(B) the annual emissions as calculated under (3) of this subsection;

(g) An increase in emissions under (c)(3) of this section does not require a permit under that paragraph if

(1) the emission unit is designated as a clean unit under 40 C.F.R. 52.21(x) - (y), adopted by reference in 18 AAC 50.040;

(2) the project is approved to use the pollution control project (PCP) exclusion under 40 C.F.R. 52.21(2), adopted by reference in 18 AAC 50.040; or

(3) a plantwide applicability limitation (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

(h) For the purposes of this section

(1) "baseline actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that definition the term "major stationary source" is revised to read "stationary source within the meaning given in AS 46.14.990 ";

(2) "electric utility steam generating unit" has the meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by reference;

(3) "net emissions increase" has the meaning given in 40 C.F.R. 52.21(b)(3), adopted by reference in 18 AAC 50.040, except that "net emissions increase" applies to

(A) any increase in emissions of an air pollutant at a stationary source with existing emissions of that air pollutant greater than the amounts listed in (c)(1) of this section notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as referenced in 40 C.F.R. 52.21(b)(3)(i)( a ), "net emissions increase" is not restricted to a significant emissions increase or significant net emissions increase within the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40), or to a major stationary source; and

(B) the calculation of whether a modification requires a minor permit under (c)(3) of this section, rather than whether the modification is a major modification;

(4) "projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emission unit is projected to emit a regulated NSR pollutant in any one of the five 12-month periods following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full utilization of the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section.

History: Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176

Authority: AS 46.03.020

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