Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 50 - Air Quality Control
Article 5 - Minor Permits
18 AAC 50.502 - Minor permits for air quality protection
Universal Citation: 18 AK Admin Code 18 AAC 50.502
Current through February 27, 2024
(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 Alaska stationary
source.
(c) The owner or operator must obtain a minor permit under this section before
(1) beginning actual 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;
(C) 40 TPY of sulfur dioxide;
(D) 0.6 TPY of lead;
(E) 100 TPY of carbon monoxide within 10
kilometers of a carbon monoxide nonattainment area; or
(F) 10 TPY of direct PM-2.5 emissions;
or
(2) beginning actual
construction or, if not already authorized in a permit under this chapter,
beginning 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) repealed
(3) beginning a physical change to or a
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 of PM-10;
(ii) 10 TPY of sulfur dioxide;
(iii) 10 TPY of nitrogen oxides;
(iv) 100 TPY of carbon monoxide for a
stationary source within 10 kilometers of a carbon monoxide nonattainment area;
or
(v) 10 TPY of direct PM-2.5
emissions; 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;
(iv) 100 TPY of carbon monoxide for a
stationary source within 10 kilometers of a carbon monoxide nonattainment area;
or
(v) 10 TPY of direct PM-2.5
emissions; or
(4) beginning a physical change to or a
change in the method of operation of an existing stationary source with a
potential to emit an air pollutant that is less than or equal to 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) 15 TPY of
PM-10;
(ii) 40 TPY of sulfur
dioxide;
(iii) 40 TPY of nitrogen
oxides;
(iv) 100 TPY of carbon
monoxide for a stationary source within 10 kilometers of a carbon monoxide
nonattainment area; or
(v) 10 TPY
of direct PM-2.5 emissions; or
(B) actual emissions and a net emissions
increase greater than
(i) 15 TPY of
PM-10;
(ii) 40 TPY of sulfur
dioxide;
(iii) 40 TPY of nitrogen
oxides;
(iv) 100 TPY of carbon
monoxide for a stationary source within 10 kilometers of a carbon monoxide
nonattainment area; or
(v) 10 TPY
of direct PM-2.5 emissions.
(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)(B) and (4)(B) 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) or (4) 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 emissions 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) or
(4) 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 emissions 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 emissions 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 emissions unit;
(4) if the emissions 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) or (4) 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;
(C) any
other information that the owner or operator wishes to include in the
report.
(g) An increase in emissions under (c)(3) or (4) of this section does not require a permit under that paragraph if 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, 2019 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;
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) or (4) 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 emissions 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.
(5)
"regulated NSR pollutant" has the meaning given in
40 C.F.R.
52.21(b)(50), adopted by
reference in
18 AAC
50.040(h).
(i) For purposes of this section, fugitive emissions will not be included for determining if a minor permit is required, unless the source belongs to any of the stationary source categories listed in 40 C.F.R. 51.165(a)(1)(iv)(C), adopted by reference in 18 AAC 50.040(i).
Authority: AS 46.03.020
AS 46.14. 010
AS 46.14.020
AS 46.14.120
AS 46.14.130
AS 46.14.140
AS 46.14.170
AS 46.14.180
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