18 AAC 50.542. Minor permit: review and issuance

(a) Permit issuance procedure options. The department will use either the fast-track procedures in (b) and (c) of this section, or the procedures in (d) of this section to issue a stationary source-specific minor permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) of this section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions;

(B) in a sulfur dioxide special protection area established under 18 AAC 50.025(c) ;

(D) on an offshore platform; or

(2) a person requests a public comment period under (b)(1) of this section.

(b) Fast-track procedures. Fast-track procedures for minor permits under 18 AAC 50.502 are as follows:

(1) upon receiving a complete application the department will give notice using the Alaska Online Public Notice System established under AS 44.62.175 , by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified, and by other means the department finds necessary for informing the public; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; in the notice, the department will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day public comment period under (d) of this section; if a comment period is requested, the department will make a preliminary decision and issue a public notice under (d) of this section;

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c) , or for an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b) , the application must include a screening ambient air quality analysis in accordance with (c) of this section, unless the department has made a finding in writing that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard;

(4) fast-track procedures are available only if all predicted air pollutant concentrations meet the compliance criteria in (c)(2) of this section;

(5) if the approval criteria of (f) of this section are met, the department will issue the permit within 30 days after receiving the application.

(1) must

(A) follow a modeling protocol developed by the department or otherwise approved by the department that is suitable for fast-track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately review the resulting modeling demonstration in the time available for fast-track permitting;

(B) use a model and screening meteorological data approved by the department for the fast-track procedure;

(2) is considered to show compliance with the ambient air quality standard for an air pollutant and averaging period if

(A) for a new stationary source or modification, the predicted ambient air concentration from the stationary source, excluding offsite or background contributions, does not exceed 2/3 of each ambient standard for PM-10, or 80 percent of each ambient standard for sulfur dioxide or nitrogen oxides;

(B) for a modification, the predicted concentration resulting from the increase is less than the significant impact levels in Table 5 in 18 AAC 50.215(d) ; or

(C) for a modification, if the owner or operator has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification and, the sum of the highest ambient air concentration from the previous analysis plus the highest predicted ambient air concentration resulting from the increase is less than the concentration described in (A) of this paragraph.

(d) Procedures that include a public comment period. The department will use the following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under 18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this section are not available:

(1) no later than 30 days after an application is determined or considered to be complete under AS 46.14.160 or additional information is submitted in accordance with AS 46.14.160 (c), the department will make a preliminary decision to approve or deny the application; the department will provide notice and opportunity for public comment on the department's preliminary decision as follows:

(A) the department will provide at least 30 days for the public to submit comments;

(B) the department will give notice

(i) using the Alaska Online Public Notice System established under AS 44.62.175 ;

(ii) by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessary for informing the public;

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department's preliminary approval or denial; and

(iv) if the department proposes to approve the application, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit issued under 18 AAC 50.306 - 18 AAC 50.316, the department will provide an opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E) the department will make a preliminary decision to approve the application only if the application includes all information required by 18 AAC 50.540, and the department finds that the approval criteria of (f) of this section will be met; the department will include in a preliminary permit any conditions necessary to assure compliance with this chapter;

(2) the department will notify the applicant, and any person who commented on the department's preliminary decision, of the department's final decision to approve or deny the permit application; a person described in AS 46.14.200 may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.195 - 18 AAC 15.340; in a notification of denial of an application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V permit by administrative amendment. An owner or operator may add the conditions of a minor permit to a Title V permit by administrative amendment if

(1) the minor permit is issued using procedures that satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions that satisfy the requirements of both 18 AAC 50.544 and 18 AAC 50.326.

(f) Approval criteria. The department will

(1) deny a minor permit application for a stationary source or modification classified under 18 AAC 50.502 if the department finds that construction and operation will result in a violation of

(A) a requirement of 18 AAC 50.045 - 18 AAC 50.090; or

(B) an ambient air quality standard;

(2) deny a minor permit application for carbon monoxide emissions near a nonattainment area if the department finds that construction and operation of the stationary source will cause an ambient concentration that exceeds a carbon monoxide concentration in Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045 - 18 AAC 50.090;

(4) approve a minor permit for designating a clean unit, if the department finds that the emission unit satisfies the criteria for a clean unit in 40 C.F.R. 52.21(y), adopted by reference in 18 AAC 50.040;

(5) approve a minor permit to use a pollution control project (PCP) exclusion, if the department finds that the project satisfies the criteria for a PCP in 40 C.F.R. 52.21(z), adopted by reference in 18 AAC 50.040;

(6) approve a minor permit for establishing or revising a PAL, if the department finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that emissions under the PAL will not cause or contribute to a violation of an ambient air quality standard;

(7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(5) , if the department finds that

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determining continuous compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit term or condition, if the department finds that the permit will still require the owner or operator to comply with all applicable requirements of this chapter.

(g) Duration. A minor permit issued under this section remains in effect until changed by another Title I permit or by an action by the department under AS 46.14.280 , except

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a clean unit, pollution control project, or plantwide applicability limitation; and

(2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit.

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

Authority: AS 46.03.020

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