Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 50 - Air Quality Control
Article 1 - Ambient Air Quality Management
18 AAC 50.040 - Federal standards adopted by reference
Universal Citation: 18 AK Admin Code 18 AAC 50.040
Current through February 27, 2024
(a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), revised as of March 23, 2021, are adopted by reference as they apply to a Title V source:
(1) Subpart A
(General Provisions), except
40 C.F.R.
60.9 (Availability of Information);
(2) the following subparts:
(A) Subpart D (Standards of Performance for
Fossil-Fuel-Fired Steam Generators);
(B) Subpart Da (Standards of Performance for
Electric Utility Steam Generating Units);
(C) Subpart Db (Standards of Performance for
Industrial-Commercial-Institutional Steam Generating Units);
(D) Subpart Dc (Standards of Performance for
Small Industrial-Commercial-Institutional Steam Generating Units);
(E) Subpart E (Standards of Performance for
Incinerators);
(F) Subpart Ea
(Standards of Performance for Municipal Waste Combustors for Which Construction
is Commenced After December 20, 1989 and on or Before September 20, 1994) and
Subpart Eb (Standards of Performance for Large Municipal Waste Combustors for
Which Construction is Commenced After September 20, 1994 or for Which
Modification or Reconstruction is Commenced After June 19, 1996);
(G) Subpart Ec (Standards of Performance for
New Stationary Sources: Hospital/Medical/Infectious Waste
Incinerators);
(H) Subpart F
(Standards of Performance for Portland Cement Plants);
(I) Subpart I (Standards of Performance for
Hot Mix Asphalt Facilities);
(J)
Subpart J (Standards of Performance for Petroleum Refineries);
(K) Subpart K (Standards of Performance for
Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction,
or Modification Commenced After June 11, 1973, and Prior to May 19,
1978);
(L) Subpart Ka (Standards of
Performance for Storage Vessels for Petroleum Liquids for Which Construction,
Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July
23, 1984);
(M) Subpart Kb
(Standards of Performance for Volatile Organic Liquid Storage Vessels
(Including Petroleum Liquid Storage Vessels) for Which Construction,
Reconstruction, or Modification Commenced After July 23, 1984);
(N) Subpart L (Standards of Performance for
Secondary Lead Smelters);
(O)
Subpart N (Standards of Performance for Primary Emissions from Basic Oxygen
Process Furnaces for Which Construction is Commenced After June 11,
1973);
(P) Subpart Na (Standards of
Performance for Secondary Emissions from Basic Oxygen Process Steelmaking
Facilities for Which Construction is Commenced After January 20,
1983);
(Q) Subpart O (Standards of
Performance for Sewage Treatment Plants);
(R) Subpart Q (Standards of Performance for
Primary Zinc Smelters);
(S) Subpart
R (Standards of Performance for Primary Lead Smelters);
(T) Subpart Y (Standards of Performance for
Coal Preparation and Processing Plants);
(U) Subpart DD (Standards of Performance for
Grain Elevators);
(V) Subpart GG
(Standards of Performance for Stationary Gas Turbines);
(W) Subpart HH (Standards of Performance for
Lime Manufacturing Plants);
(X)
Subpart LL (Standards of Performance for Metallic Mineral Processing
Plants);
(Y) Subpart UU (Standards
of Performance for Asphalt Processing and Asphalt Roofing
Manufacture);
(Z) Subpart VV
(Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry for which Construction, Reconstruction, or
Modification Commences After January 5, 1981, and on or Before November 7,
2006);
(AA) Subpart XX (Standards
of Performance for Bulk Gasoline Terminals);
(BB) Subpart GGG (Standards of Performance
for Equipment Leaks of VOC in Petroleum Refineries for which Construction,
Reconstruction, or Modification Commenced After January 4, 1983 and on or
Before November 7, 2006);
(CC)
Subpart JJJ (Standards of Performance for Petroleum Dry Cleaners);
(DD) Subpart KKK (Standards of Performance
for Equipment Leaks of VOC from Onshore Natural Gas Processing
Plants);
(EE) Subpart LLL
(Standards of Performance for Onshore Natural Gas Processing: SO2,
Emissions);
(FF) Subpart OOO
(Standards of Performance for Nonmetallic Mineral Processing Plants);
(GG) Subpart QQQ (Standards of Performance
for VOC Emissions From Petroleum Refinery Wastewater Systems);
(HH) Subpart UUU (Standards of Performance
for Calciners and Dryers in Mineral Industries);
(II) Subpart WWW (Standards of Performance
for Municipal Solid Waste Landfills);
(JJ) Subpart CCCC (Standards of Performance
for Commercial and Industrial Solid Waste Incineration Units for Which
Construction Is Commenced After November 30, 1999 or for Which Modification or
Reconstruction Is Commenced on or After June 1, 2001);
(KK) the provisions of Subpart AAA (Standards
of Performance for New Residential Wood Heaters), except that the operator of a
wood stove may demonstrate compliance with
40
C.F.R. 60.532 by operating the wood stove in
accordance with the permanent label required by
40
C.F.R. 60.536;
(LL) Subpart DDDD (Emissions Guidelines and
Compliance Times for Commercial and Industrial Solid Waste Incineration Units
That Commenced Construction on or Before November 30, 1999);
(MM) Subpart EEEE (Standards of Performance
for Other Solid Waste Incineration Units for Which Construction Is Commenced
After December 9, 2004, or for Which Modification or Reconstruction Is
Commenced on or After June 16, 2006);
(NN) Subpart FFFF (Emission Guidelines and
Compliance Times for Other Solid Waste Incineration Units That Commenced
Construction on or Before December 9, 2004);
(OO) Subpart IIII (Standards of Performance
for Stationary Compression Ignition Internal Combustion Engines);
(PP) Subpart JJJJ (Standards of Performance
for Stationary Spark Ignition Internal Combustion Engines);
(QQ) Subpart KKKK (Standards of Performance
for Stationary Combustion Turbines);
(RR) Subpart LLLL (Standards of Performance
for New Sewage Sludge Incineration Units);
(SS) Subpart MMMM (Emissions Guidelines and
Compliance Times for Existing Sewage Sludge Incineration Units);
(TT) Subpart Ja (Standards of Performance for
Petroleum Refineries for Which Construction, Reconstruction, or Modification
Commenced After May 14, 2007);
(UU)
Subpart VVa (Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry for Which Construction,
Reconstruction, or Modification Commenced After November 7, 2006);
(VV) Subpart GGGa (Standards of Performance
for Equipment Leaks of VOC in Petroleum Refineries for Which Construction,
Reconstruction, or Modification Commenced After November 7, 2006);
(WW) Subpart OOOO (Standards of Performance
for Crude Oil and Natural Gas Production, Transmission and
Distribution);
(XX) Subpart TTTT
(Standards of Performance for Greenhouse Gas Emissions for Electric Generating
Units);
(YY) Subpart UUUU (Emission
Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric
Utility Generating Units);
(ZZ)
Subpart OOOOa (Standards of Performance for Crude Oil and Natural Gas
Facilities for which Construction, Modification or Reconstruction Commenced
After September 18, 2015);
(3) the Provisions of Appendices
A-I.
(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), revised as of October 7, 2020, are adopted by reference as they apply to a Title V source:
(1) Subpart A
(General Provisions), except
40 C.F.R.
61.16 (Availability of
Information);
(2) the following
subparts:
(A) Subpart E (National Emission
Standard for Mercury);
(B) Subpart
J (National Emission Standard for Equipment Leaks (Fugitive Emission Sources)
of Benzene);
(C) Subpart V
(National Emission Standard for Equipment Leaks (Fugitive Emission
Sources));
(D) Subpart Y (National
Emission Standard for Benzene Emissions from Benzene Storage
Vessels);
(E) Subpart FF (National
Emission Standard for Benzene Waste Operations);
(F) the Standard for Demolition and
Renovation under
40 C.F.R.
61.145 and, as they apply to activities
subject to
40 C.F.R.
61.145, 40 C.F.R. 61.141,
40 C.F.R.
61.149(d)(1), 40 C.F.R.
61.150,
40
C.F.R. 61.152, and Appendix A to Subpart M
(Interpretive Rule Governing Roof Removal Operations);
(3)
40 C.F.R.
61.154;
(4) Appendices A, B, and C.
(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants), revised as of March 11, 2021, are adopted by reference as they apply to a Title V source:
(1) Subpart A (General Provisions),
except
40 C.F.R.
63.5(e)(2) - (f);
(2) Subpart B (Requirements for Control
Technology Determinations for Major Sources in Accordance with Clean Air Act
Sections, Sections 112(g) and 112(j)), except that
(A)
40
C.F.R. 63.50 and 40 C.F.R. 63.54 are not
adopted; and
(B) the requirements
of 40 C.F.R. 63.51- 40
C.F.R. 63.53,
40
C.F.R. 63.55, and 40 C.F.R. 63.56 apply to
the owner or operator of a hazardous air pollutant major source that includes
one or more sources from a category or subcategory established under
42 U.S.C.
7412(c)(1) (Clean Air Act,
sec. 112(c)(1)) for which the EPA administrator has failed to promulgate an
emission standard within 18 months after the deadline established for doing so
in
42 U.S.C.
7412(e) (Clean Air Act, sec.
112(e));
(3) Subpart D
(Regulations Governing Compliance Extensions for Early Reductions of Hazardous
Air Pollutants);
(4) Subpart M
(National Perchloroethlyene Air Emission Standards for Dry Cleaning
Facilities);
(5) Subpart N
(National Emission Standards for Chromium Emissions From Hard and Decorative
Chromium Electroplating and Anodizing Tanks);
(6) Subpart Q (National Emission Standards
for Hazardous Air Pollutants for Industrial Process Cooling Towers);
(7) Subpart R (National Emission Standards
for Gasoline Distribution Facilities: Bulk Gasoline Terminals and Pipeline
Breakout Stations);
(8) Subpart T
(National Emission Standards for Halogenated Solvent Cleaning);
(9) Subpart Y (National Emission Standards
for Marine Tank Vessel Loading Operations);
(10) Subpart CC (National Emission Standards
for Hazardous Air Pollutants from Petroleum Refineries);
(11) Subpart DD (National Emission Standards
for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations);
(12) Subpart GG
(National Emission Standards for Aerospace Manufacturing and Rework
Facilities);
(13) Subpart HH
(National Emission Standards for Hazardous Air Pollutants from Oil and Natural
Gas Production Facilities);
(14)
Subpart II (National Emission Standards for Shipbuilding and Ship Repair
(Surface Coating));
(15) Subpart JJ
(National Emission Standards for Wood Furniture Manufacturing
Operations);
(16) Subpart KK
(National Emission Standards for the Printing and Publishing
Industry);
(17) Subpart HHH
(National Emission Standards for Hazardous Air Pollutants From Natural Gas
Transmission and Storage Facilities);
(18) Subpart LLL (National Emission Standards
for Hazardous Air Pollutants From the Portland Cement Manufacturing
Industry);
(19) Subpart UUU
(National Emission Standards for Hazardous Air Pollutants for Petroleum
Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur
Recovery Units);
(20) Subpart AAAA
(National Emission Standards for Hazardous Air Pollutants: Municipal Solid
Waste Landfills);
(21) Subpart EEEE
(National Emission Standards for Hazardous Air Pollutants: Organic Liquids
Distribution (Non-Gasoline));
(22)
Subpart YYYY (National Emission Standards for Hazardous Air Pollutants for
Stationary Combustion Turbines);
(23) Subpart ZZZZ (National Emission
Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal
Combustion Engines);
(24) Subpart
GGGGG (National Emission Standards for Hazardous Air Pollutants: Site
Remediation);
(25) Subpart PPPPP
(National Emission Standards for Hazardous Air Pollutants for Engine Test
Cells/Stands);
(26) Subpart LLLLLL
(National Emission Standards for Hazardous Air Pollutants for Acrylic and
Modacrylic Fibers Production Area Sources);
(27) Subpart MMMMMM (National Emission
Standards for Hazardous Air Pollutants for Carbon Black Production Area
Sources);
(28) Subpart NNNNNN
(National Emission Standards for Hazardous Air Pollutants for Chemical
Manufacturing Area Sources: Chromium Compounds);
(29) Subpart OOOOOO (National Emission
Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam
Production and Fabrication Area Sources);
(30) Subpart PPPPPP (National Emission
Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area
Sources);
(31) Subpart QQQQQQ
(National Emission Standards for Hazardous Air Pollutants for Wood Preserving
Area Sources);
(32) Appendix A
(Test Methods Pollutant Measurement Methods From Various Waste
Media);
(33) Appendix B (Sources
Defined for Early Reduction Provisions);
(34) Subpart BBBBBB (National Emission
Standards for Hazardous Air Pollutants for Source Category: Gasoline
Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities);
(35) Subpart CCCCCC (National Emission
Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing
Facilities);
(36) Subpart EEEEEEE
(National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore
Processing and Production Area Source Category);
(37) Subpart DDDDD (National Emission
Standards for Hazardous Air Pollutants for Major Sources: Industrial,
Commercial, and Institutional Boilers and Process Heaters);
(38) Subpart UUUUU (National Emission
Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electrical Utility
Steam Generating Units);
(39)
Subpart JJJJJJ (National Emission Standards for Hazardous Air Pollutants for
Area Sources: Industrial, Commercial, and Institutional Boilers).
(d) The provisions of 40 C.F.R. Part 82 , revised as of July 1, 2019, are adopted by reference to the extent that they apply to a Title V source.
(e) The requirements of 40 C.F.R. 52.70- 40 C.F.R 52.98, revised as of July 1, 2019, as they apply to a Title V source and for purposes of a Title V permit, are adopted by reference.
(f) The provisions of 40 C.F.R. Part 51 , Appendix W (Guideline on Air Quality Models), revised as of July 1, 2019, are adopted by reference.
(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), revised as of June 21, 2022, are adopted by reference as they apply to a Title V source:
(1) Subpart FFF
(Federal Plan Requirements for Large Municipal Waste Combustors Constructed on
or Before September 20, 1994);
(2)
Subpart GGG (Federal Plan Requirements for Municipal Solid Waste Landfills That
Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or
Reconstructed Since May 30, 1991);
(3) Subpart HHH (Federal Plan Requirements
for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before
December 1, 2008);
(4) Subpart III
(Federal Plan Requirements for Commercial and Industrial Solid Waste
Incineration Units that Commenced Construction on or Before November 30,
1999);
(5) Subpart JJJ (Federal
Plan Requirements for Small Municipal Waste Combustion Units Constructed on or
Before August 30, 1999);
(6)
Subpart OOO (Federal Plan Requirements for Municipal Solid Waste Landfills That
Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or
Reconstructed Since July 17, 2014).
(h) The following provisions of 40 C.F.R. 51.166 (Prevention of Significant Deterioration of Air Quality) and 40 C.F.R. Part 52 (Approval and Promulgation of Implementation Plans), revised as of November 24, 2020, are adopted by reference:
(1)
40 C.F.R.
51.166(f) (Exclusions from
Increment Consumption);
(2)
40 C.F.R.
51.166(q)(2) (Public
Participation);
(3)
40 C.F.R.
52.21(a)(2) (Applicability
Procedures);
(4)
40 C.F.R.
52.21(b) (Definitions),
except as follows:
(A) the following
provisions are not adopted, and the terms defined in those provisions have the
meanings given in
AS
46.14.990 and
18 AAC
50.990:
(i)
40 C.F.R.
52.21(b)(1) ("major
stationary source");
(ii)
40 C.F.R.
52.21(b)(2) ("major
modification");
(B) the
following provisions are not adopted, and the terms defined in those provisions
have the meanings given in
AS
46.14.990:
(i)
40 C.F.R.
52.21(b)(4) ("potential to
emit");
(ii)
40 C.F.R.
52.21(b)(5) ("stationary
source");
(iii)
40 C.F.R.
52.21(b)(6) ("building,
structure, facility, or installation");
(iv)
40 C.F.R.
52.21(b)(7) ("emissions
unit");
(v)
40 C.F.R.
52.21(b)(8)
("construction");
(vi) repealed
1/4/2013;
(C) the
following provisions are not adopted, and the terms defined in those provisions
have the meanings given in
18 AAC
50.990:
(i)
40 C.F.R.
52.21(b)(51) ("reviewing
authority");
(ii)
40 C.F.R.
52.21(b)(20) ("fugitive
emissions");
(D)
40 C.F.R.
52.21(b)(15) ("baseline
area") is not adopted, and the term defined in that provision has the meaning
given in
18 AAC
50.020(g);
(5) repealed 1/4/2013;
(6)
40 C.F.R.
52.21(h) (Stack
Heights);
(7)
40 C.F.R.
52.21(i)
(Exemptions);
(8)
40 C.F.R.
52.21(j) (Control Technology
Review);
(9)
40 C.F.R.
52.21(k) (Source Impact
Analysis);
(10)
40 C.F.R.
52.21(l) (Air Quality
Models);
(11)
40 C.F.R.
52.21(m) (Air Quality
Analysis);
(12)
40 C.F.R.
52.21(n) (Source
Information);
(13)
40 C.F.R.
52.21(o) (Additional Impact
Analysis);
(14)
40 C.F.R.
52.21(p) (Sources Impacting
Federal Class I Areas);
(15)
40 C.F.R.
52.21(r) (Source
Obligation);
(16)
40 C.F.R.
52.21(v) (Innovative Control
Technology);
(17) repealed
7/25/2008;
(18) repealed
7/25/2008;
(19) repealed
7/25/2008;
(20)
40 C.F.R.
52.21(aa) (Actuals PALs),
except as follows:
(A) mass balance
calculations as authorized under
40 C.F.R.
52.21(aa)(12)(ii)
(a) are also acceptable for activities using coating or
solvents or for activities emitting sulfur dioxide from the combustion of
fuel;
(B) the requirements of
40 C.F.R.
52.21(aa)(12)(iii) also
apply to owners or operators using mass balance calculations to monitor PAL
pollutant emissions from activities using coating or solvents or from
activities emitting sulfur dioxide from the combustion of fuel;
(21) repealed 4/17/2015.
(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), revised as of November 24, 2020, text setting out provisions that a state implementation plan shall or may contain is adopted by reference as follows:
(1)
40 C.F.R.
51.165(a)(1) (Definitions),
except as follows:
(A) the following
provisions are not adopted, and the terms defined in those provisions have the
meanings given in
AS
46.14.990:
(i)
40 C.F.R.
51.165(a)(1)(i) ("stationary
source");
(ii)
40 C.F.R.
51.165(a)(1)(ii) ("building,
structure, facility, or installation");
(iii)
40 C.F.R.
51.165(a)(1)(iii)
("potential to emit");
(iv)
40 C.F.R.
51.165(a)(1)(vii)
("emissions unit");
(v)
40 C.F.R.
51.165(a)(1) (xviii)
("construction");
(B) the
following provisions are not adopted, and the terms defined in those provisions
have the meaning given in
18 AAC
50.990:
(i)
40 C.F.R.
51.165(a)(1) (xxxviii)
("reviewing authority");
(ii)
40 C.F.R.
51.165(a)(1)(ix) ("fugitive
emissions");
(2)
40 C.F.R.
51.165(a)(2)(ii);
(3)
40 C.F.R.
51.165(a)(3);
(4)
40 C.F.R.
51.165(a)(5);
(5)
40 C.F.R.
51.165(a)(6);
(6)
40 C.F.R.
51.165(f) (Actuals PALs),
except as follows:
(A) mass balance
calculations as authorized under
40 C.F.R.
51.165(f)(12)(ii)(A) are
also acceptable for activities using coating or solvents or for activities
emitting sulfur dioxide from the combustion of fuel;
(B) the requirements of
40 C.F.R.
51.165(f)(12)(iii) also
apply to owners or operators using mass balance calculations to monitor PAL
pollutant emissions from activities using coating or solvents or from
activities emitting sulfur dioxide from the combustion of fuel.
(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), revised as of August 21, 2020, are adopted by reference as they apply to a Title V source, except as provided in 18 AAC 50.326:
(1)
40
C.F.R. 71.2 (Definitions);
(2)
40 C.F.R.
71.3 (Sources Subject to Permitting
Requirements);
(3)
40 C.F.R. 71.5(a) -
(c) (Permit Applications);
(4)
40 C.F.R. 71.6(a) -
(f) (Permit Content);
(5)
40 C.F.R.
71.7(a) - (e) (Permit
Issuance, Renewal, Reopenings, and Revisions);
(6)
40 C.F.R.
71.8 (Affected State Review);
(7)
40 C.F.R.
71.10(d)
(Delegation);
(8)
40
C.F.R. 71.11(a) - (h) and (j) -
(k) (Administrative Record, Public
Participation, and Administrative Review);
(9) repealed 4/17/2015.
(k) The provisions of 40 C.F.R. Part 64 , revised as of July 1, 2019, are adopted by reference to the extent that they apply to a Title V source.
Authority: AS 46.03.020
AS 46.14.010
AS 46.14.020
AS 46.14.030
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