Title 18 . Environmental Conservation

Chapter 50 . Administrative Enforcement

Section 990. Definitions

18 AAC 50.990. Definitions

In this chapter unless the context requires otherwise,

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

(2) "administrator" means the administrator of the United States Environmental Protection Agency, except as otherwise provided in 18 AAC 50.306 - 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46.14.990 ;

(4) "air-curtain incinerator" means a device in which large amounts of combustible materials are burned in a rectangular containment equipped with an overfire air system;

(5) "air pollution" has the meaning given in AS 46.03.900 ;

(6) "air pollution control equipment" means equipment or a portion of equipment designed to reduce the emissions of an air pollutant to the ambient air;

(7) "air quality control requirement" means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department before January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,

(A) "allowable emissions" means the emissions rate of an emission unit calculated considering any emission limitation that is enforceable as a practical matter on the emission unit's potential to emit; and

(B) in the definition of "potential to emit" in 40 C.F.R. 51.166(b), the words "or enforceable as a practical matter" are added after "federally enforceable", as provided in 40 C.F.R. 51.166(w)(2)(ii)( b );

(9) "ambient air" has the meaning given in AS 46.14.990 ;

(10) "ambient air quality standards" has the meaning given in AS 46.14.990 ;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; "asphalt plant" includes any combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within the stationary source;

(13) "assessable emission" has the meaning given in AS 46.14.250 (h)(1);

(14) "begin actual construction" has the meaning given in 40 C.F.R. 52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of emissions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) "building, structure, facility, or installation" has the meaning given in AS 46.14.990 ;

(18) "casting off" means the first release of a line securing a vessel to shore as part of the process of leaving berth;

(19) "Class I area," "Class II area," and "Class III area" mean an area designated in 18 AAC 50.015, Table I, as Class I, Class II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through November 15, 1990;

(21) "clean unit" has the meaning given in 40 C.F.R. 52.21(b)(42), adopted by reference in 18 AAC 50.040;

(22) "coal preparation plant" means a stationary source that prepares coal by breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; "coal preparation plant" includes any combination of thermal dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment, breakers and crushers, coal storage systems, and coal transfer systems within the stationary source;

(23) "commissioner" means the commissioner of environmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a storage tank due to changes in temperature and pressure;

(25) "construct" or "construction" has the meaning given to "construction" in AS 46.14.990 ;

(26) "construction permit" has the meaning given in AS 46.14.990 ;

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail tank car; "delivery tank" does not include a tank of less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department of Environmental Conservation;

(29) "emission" has the meaning given in AS 46.14.990 ;

(30) "emission limitation" has the meaning given in AS 46.14.990 ;

(31) "emission standard" has the meaning given in AS 46.14.990 ;

(32) "emission unit" has the meaning given in AS 46.14.990 ;

(33) "EPA" means the United States Environmental Protection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) "expected annual arithmetic mean," as that term is used in 18 AAC 50.010(1) (A), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.2, adopted by reference in 18 AAC 50.035;

(36) "expected number," as that term is used in

(A) 18 AAC 50.010(1) (B), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.1, adopted by reference in 18 AAC 50.035; and

(B) 18 AAC 50.010(4) , has the meaning given in 40 C.F.R. Part 50, Appendix H, adopted by reference in 18 AAC 50.035;

(37) "federal administrator" has the meaning given in AS 46.14.990 and includes the federal administrator's designee;

(38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030; and

(B) wildland fire suppression organization within the Department of Natural Resources, United States Forest Service, or United States Bureau of Land Management/Alaska Fire Service;

(39) "fuel burning equipment" means a combustion device capable of emission; "fuel-burning equipment" includes flares; "fuel-burning equipment" does not include mobile internal combustion engines, incinerators, marine vessels, wood-fired heating devices, and backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990 ;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 51.100(ii), as revised as of July 1, 2003 and adopted by reference; or

(B) for all other stack heights, means the actual physical height of the stack;

(43) "grate cleaning" means removing ash from fireboxes;

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990 ;

(45) "hazardous air pollutant major source" has the meaning given for the term "major source" in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" means a humanly perceptible change in visibility such as visual range, contrast, or coloration, from that which would exist under natural conditions;

(48) "incinerator" means a device used for the thermal oxidation of garbage or other wastes, other than a wood-fired heating device, including an air-curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;

(49) "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(50) "lowest achievable emission rate" or "LAER" has the meaning given in 40 C.F.R. 51.165(a)(l)(xiii), adopted by reference in 18 AAC 50.040;

(51) "maintenance area" means a geographical area that EPA previously designated as a nonattainment area and subsequently designated as an "attainment area" under 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

(52) "major stationary source" means

(A) for the purposes of 18 AAC 50.306, a stationary source or physical change that meets the definition of "major stationary source" under 40 C.F.R. 51.166(b)(1);

(B) for the purposes of 18 AAC 50.311, a stationary source or physical change that meets the definition of "major stationary source" under 40 C.F.R. 51.165(a)(1)(iv);

(53) "major modification" means

(A) for the purposes of 18 AAC 50.306, a change that meets the definition of "major modification" under 40 C.F.R. 51.166(b)(2);

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of "major modification" under 40 C.F.R. 51.165(a)(1)(v);

(54) "make fast to the shore" means to secure the last line necessary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) "maximum achievable control technology" or "MACT" means a maximum achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the local maximum monthly average temperature reported by the National Weather Service;

(58) "minor permit" means a permit issued under 18 AAC 50.502 - 18 AAC 50.560;

(59) "modification" or "modify" has the meaning given to "modification" in AS 46.14.990 ;

(60) "Nikiski Industrial Area" means the area of the Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air pollutant for which a particular area has been designated by the federal administrator as nonattainment in 40 C.F.R. 81.302;

(62) "nonattainment area" means, for a particular air pollutant, an area designated as nonattainment for that air pollutant;

(63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of July 1, 2003, adopted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable emergency or malfunction;

(65) "open burning" means the burning of a material that results in the products of combustion being emitted directly into the ambient air without passing through a stack, flare, vent, or other opening of an emission unit from which an air pollutant could be emitted;

(66) "operator" has the meaning given in AS 46.14.990 ;

(67) "organic vapors" means any organic compound or mixture of compounds evaporated from volatile liquid or any organic compound or mixture of compounds in aerosols formed from volatile liquid;

(68) "ORL" means owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990 ;

(70) "PAL major modification" has the meaning given in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter" means a material, except water, that is or has been airborne and exists as a liquid or solid at standard conditions;

(72) "permit" includes all of the elements described in the definitions of "construction permit" and "operating permit" in AS 46.14.990 , and the same elements as they occur in a minor permit under AS 46.14.130 (c);

(73) "person" has the meaning given in AS 46.14.990 ;

(74) "petroleum refinery" means a stationary source engaged in the distillation of petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives;

(75) "plantwide applicability limitation" or "PAL" means an emission limitation expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "PM-10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) "pollution control project" or "PCP" has the meaning given in 40 C.F.R. 52.21(b)(32), adopted by reference in 18 AAC 50.040;

(78) "Port of Anchorage stationary source" means a stationary source located in the Port of Anchorage that contains one or more emission units subject to a standard in 18 AAC 50.085 or 18 AAC 50.090;

(79) "potential emissions" has the meaning given to term "potential to emit" in AS 46.14.990 ;

(80) "potential to emit" has the meaning given in AS 46.14.990 ;

(81) "ppm" means parts per million;

(82) "practical means available" means, when approving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an environmentally acceptable procedure exists, that procedure will be required;

(83) "project" means a physical change or change in the method of operation of an existing stationary source;

(84) "PSD" means prevention of significant deterioration;

(85) "PSD permit" means a permit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment based on the fuel or raw material, or combination of fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and "reconstruction" have the meaning given "reconstruction" in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(89) "reduction in visibility" means the obscuring of an observer's vision;

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710;

(91) "regulated air pollution" has the meaning given in AS 46.14.990 ;

(92) "regulated NSR pollutant" has the meaning given in 40 C.F.R. 51.166(b)(49);

(93) "responsible official" means

(A) for a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or a duly-authorized representative of that person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(ii) the delegation of authority to the representative is approved in advance by the department;

(B) for a partnership or sole proprietorship, a general partner or the proprietor, respectively; and

(C) for a public agency, a principal executive officer or ranking elected official; for the purposes of this chapter, a principal executive officer of a federal agency includes the chief executive officer with responsibility for the overall operations of a principal geographic unit in this state;

(94) "reviewing authority" means the department;

(95) "rig day" means each calendar day that a single drill rig is drilling or testing an oil or gas well in normal operation or standby service; "rig day" does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activities planned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities necessary to cease operation of a source;

(98) "small business facility" has the meaning given in AS 46.14.990 ;

(99) "smolder" means to burn and smoke without flame;

(100) "soot-blowing" means using steam or compressed air to remove carbon from a furnace or from a boiler's heat transfer surfaces;

(101) "stack" has the meeting given in AS 46.14.990 ;

(102) "standard conditions" means dry gas at 68ΓΈ F and an absolute pressure of 760 millimeters of mercury;

(103) "startup" means

(A) for an internal combustion engine aboard a marine vessel, the point in time that emissions begin to exit from the vessel as a result of igniting the engine; and

(B) for all other sources, the setting into operation of a source for any reason;

(104) "state air quality control plan" means the plan adopted by reference in 18 AAC 50.030;

(105) "stationary source" has the meaning given in AS 46.14.990 ;

(106) "technology-based emission standard" means

(A) a best available control technology standard within the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emission rate (LAER) standard;

(C) a maximum achievable control technology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c) ;

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for which the stringency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) "temporary construction activity" means construction that is completed in 24 months or less from the date construction begins; "temporary construction activity" includes any period of inactivity during that 24-month period.

(108) "thermal soil remediation unit" means a stationary source that causes petroleum contamination to be desorbed from soils by heating the soil in a kiln;

(109) "Title I permit" means

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, or 18 AAC 50.502 - 18 AAC 50.560;

(B) construction permit issued before October 1, 2004; or

(C) permit to operate issued before January 18, 1997;

(110) "Title V permit" means a permit required by AS 46.14.130 (b);

(111) "Title V source" means a stationary source classified as needing a permit under AS 46.14.130 (b);

(112) "TPY" has the meaning given in AS 46.14.990 ;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department's Air Quality Assurance Manual for Ambient Air Quality Monitoring, adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a normal and usual manner.

(116) "vapor collection system" means all equipment, ducts, piping, valves, and fittings necessary to prevent organic vapors displaced at a loading rack from being emitted into the atmosphere;

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with volatile liquid or that was loaded with volatile liquid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid storage tank" means any stationary storage vessel that contains a volatile liquid;

(121) "volatile organic compound" or "VOC" has the meaning given in 40 C.F.R. 51.100(s), as revised as of July 1, 2004 and adopted by reference;

(122) "weighing anchor" means to begin heaving in the anchor with intent to retrieve it and get underway, regardless of how the chain tends when heaving in begins;

(123) "wood-fired heating device" means a device designed for wood combustion so that usable heat is derived for the interior of a building; "wood-fired heating device" includes wood-fired stoves, fireplaces, wood-fired cooking stoves, and combination fuel furnaces or boilers that burn wood; "wood-fired heating device" does not include a device that is primarily a part of an industrial process and incidentally provides usable heat for the interior of a building.

(124) "portable oil and gas operation" means an operation that moves from site to site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; "portable oil and gas operation" does not include well servicing activities; for purposes of this paragraph, "test" means a test that involves the use of a flare;

(125) "well servicing activities" means the use of portable equipment for servicing existing oil and gas wells that only stays on site for short and varying periods of time; "well servicing activities" includes the use of

(A) coiled tubing units;

(B) well frac units;

(C) well slickline units;

(D) well hot oil units; and

(E) well wireline units.

History: Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176

Authority: AS 44.46.025

AS 46.03.020

AS 46.03.710

AS 46.14.010

AS 46.14.020

AS 46.14.030

AS 46.14.120

AS 46.14.130

AS 46.14.140

AS 46.14.150

AS 46.14.160

AS 46.14.170

AS 46.14.180

AS 46.14.210

AS 46.14.230

AS 46.14.240

AS 46.14.250

AS 46.14.255

AS 46.14.280

AS 46.14.285

AS 46.14.290

AS 46.14.300

AS 46.14.560

Sec. 30, ch. 74,

SLA 1993