RAPID/Roadmap/15-AK-a
Alaska Air Quality Assessment (15-AK-a)
The Air Permit Program is divided into two categories: Title I and Title V. Title I and Title V programs work closely together when processing permit applications or when dealing with permitting compliance enforcement actions. The Title I program deals with pre-construction permits for emitting facilities, or 'sources.' Facilities that propose to construct or modify their operations would likely need to apply for a construction or minor source specific permit Alaska Admin. Code tit. 18 §50.302. Minor sources are facilities such as rock crushers, asphalt plants, or other sources that are listed under Alaska Admin. Code tit. 18 § 50.502.
If you are a geothermal developer looking to construct a new emitting facility or if you are an existing facility making a major modification to your operation, you will likely need to acquire a Title I permit. Title I construction permits provide legal requirements and specifications to which an emitting facility must adhere to. They specify what construction is allowed, what emission limits must be met, and often how the source can operate. They may contain conditions to make sure that the facility adheres to the parameters in the application. To ensure that sources follow the permit requirements, permits also contain monitoring, record keeping, and reporting requirements. Air Permit Program Webpage.
If you are an existing emitting facility, a Title V operating permit would be required.Title V requires that an emitting facility acquire an operating permit once the facility has begun emitting Alaska Admin. Code tit. 18 §50.326. The operating permit program requires that major industrial sources and other select sources obtain a permit that outlines the facilities' operating conditions, monitoring and analysis, and inspection and reporting requirements. The operating permit, in summary, delineates all of the requirements that the facility must comply with to keep operating after the construction of the facility.
This requirement comes from Title V of the Clean Air Act, as amended in 1990. The Title V program issues operating permits, along with permit avoidance approvals. Air Permit Program Webpage. The Clean Air Act requires the Alaska Department of Environmental Conservation (ADEC) to adopt federally approved control strategies to minimize air pollution. See EPA's The Plain English Guide to the Clean Air Act for more information.
The ADEC regulates air emissions pursuant to the Clean Air Act and the Alaska Air Quality Regulations located in Alaska Admin. Code tit. 18 § 50 et seq.
Air Quality Assessment Process
1
15-AK-a.1 to 15-AK-a.2 - Is the criteria in Alaska Admin. Code tit. §50.502met?
The developer may need an Air Quality Minor Permit if they are beginning construction on a new stationary source or a modification to an existing stationary source with a potential emit greater than:
- 15 tons per year (TPY) of PM-10;
- 40 TPY of nitrogen oxides;
- 40 TPY of sulfur dioxide;
- 0.6 TPY of lead;
- 100 TPY of carbon monoxide within 10 kilometers of a carbon monoxide nonattainment area; or
- 10 TPY of direct PM-2.5 emissions. Alaska Admin. Code tit. 18, § 50.502(c).
For more information on Minor Permits, see:
Air Quality Minor Permit:
15-AK-b
15-AK-a.3 - Determine Classification of Proposed Project and Applicable Air Quality Standards
The developer must determine the classification of the project in order to determine the applicable air quality standards. It is also important to consider the project's proximity to protected (Class I) areas. The Class I areas in Alaska are:
- Denali National Park (including the Denali Wilderness but excluding the Denali National Preserve)
- Bering Sea National Wildlife Refuge designated as a National Wilderness Area
- Simeonof National Wildlife Refuge designated as a National Wilderness Area
- Tuxedni National Wildlife Refuge designated as a National Wilderness Area
There are also visibility protection measures for (1) Mount Deborah and the Alaska Range East as viewed from approximately the Savage River Campground area and (2) Mount McKinley, Alaska Range and the Interior Lowlands as viewed from the vicinity of Wonder Lake.
15-AK-a.4 - Air Quality Construction Permit Application
Before constructing, installing, modifying, or establishing a stationary source, the developer must obtain a construction permit from the ADEC. Alaska Stat. § 46.14.120. The construction applications are available on the Alaska Department of Environmental Conservation ADEC’s permits webpage.
The date of receipt of the application is the date that the department has received all required information under Alaska Stat. § 46.14.160. A timely application is one received within 12 months after the source becomes subject to the permit program. Sources required to submit applications earlier than 12 months after the source becomes subject to the permit program will be notified of the earlier submittal date at least 6 months in advance of the date. Alaska Stat. § 46.14.170.
Required Application Content
- Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.
- A description of the source's processes and products (by SIC Code) including those associated with any proposed AOS identified by the source.
- The following emissions-related information:
- All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted. The permitting authority may require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source and other information necessary to collect any permit fees owed under the fee schedule established pursuant to 40 C.F.R. § 71.9(b).
- Identification and description of all points of emissions in sufficient detail to establish the basis for fees and applicability of requirements of the Act.
- Emissions rates in tpy to establish compliance consistent with the applicable standard reference test method. For emissions units subject to an annual emissions cap, tpy can be reported as part of the aggregate emissions associated with the cap, except where more specific information is needed, including where necessary to determine and/or assure compliance with an applicable requirement.
- The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules.
- Identification and description of air pollution control equipment and compliance monitoring devices or activities.
- Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the part 71 source.
- Other information required by any applicable requirement (including information related to stack height limitations developed pursuant to section 123 of the Act).
- Calculations on which the information in paragraphs (c)(3) (i) through (vii) of this section is based.
- The following air pollution control requirements:
- Citation and description of all applicable requirements; and
- Description of or reference to any applicable test method for determining compliance with each applicable requirement.
- Other specific information that may be necessary to implement and enforce other applicable requirements of the Act or of this part or to determine the applicability of such requirements.
- An explanation of any proposed exemptions from otherwise applicable requirements.
- Additional information as determined to be necessary by the permitting authority to define proposed AOSs identified by the source or to define permit terms and conditions.
- A compliance plan for all part 71 sources that contains all the following:
- A description of the compliance status of the source with respect to all applicable requirements.
- A description as follows:
- For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
- For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.
- For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.
- For applicable requirements associated with a proposed AOS, a statement that the source will meet such requirements upon implementation of the AOS. If a proposed AOS would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.
- A compliance schedule as follows:
- For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
- For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
- A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.
- For applicable requirements associated with a proposed AOS, a statement that the source will meet such requirements upon implementation of the AOS. If a proposed AOS would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
- A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation.
- Requirements for compliance certification, including the following:
- A certification of compliance with all applicable requirements by a responsible official consistent with paragraph (d) of this section and section 114(a)(3) of the Act;
- A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;
- A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the permitting authority; and
- A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.
- The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans.
15-AK-a.5 to 15-AK-a.6 - Review Application Materials for Completeness
If the application is incomplete, the applicant is notified in writing of the deficiencies in the application. Unless the ADEC determines than an application is not complete within 60 days of receipt of the application, the application shall be deemed to be complete. If the ADEC determines additional information is required after the application is deemed complete, the ADEC will notify the applicant in writing with a reasonable deadline. See 40 C.F.R. § 71.5.
15-AK-a.7 - Preliminary Decision to Approve or Deny Permit Application
A preliminary determination is made by ADEC and distributed for public comments. Under 40 C.F.R. § 71.8, the ADEC will provide notice of each draft permit.
15-AK-a.8 - Public Comment Period
The ADEC will provide at least 30 days for the public to comment. Upon its own motion or upon a request in accordance with Alaska Admin. Code tit. 18 §50.060 , ADEC will hold a public hearing as described in Alaska Admin. Code tit. 18, § 50.060.
15-AK-a.9 to 15-AK-a.10 - Is there a Public or ADEC Request to Hold a Public Hearing?
Upon request to the ADEC, a public hearing will be held to hear public concerns regarding the proposed emissions.
15-AK-a.11 to 15-AK-a.12 - Final Construction Permit
The ADEC may include terms and conditions under Alaska Admin. Code tit. 18, § 50.316. Reporting requirements and fees may be assigned under the permit.
Standard permit requirements are contained in 40 C.F.R. § 71.6. Generally, the permit should include emissions limitations and standards, the permit duration, monitoring and related recordkeeping and reporting requirements, a severability clause, fee requirements, emissions trading, the permit expiration provision, modification and flexibility.
The project may go forward and complete construction under the terms and conditions of the permit. The applicant may be required under the permit to submit to monitoring during construction and operation.
15-AK-a.13 to 15-AK-a.15 - Does Source Require a Title V Operating Permit?
A developer may need a Title V Operating permit from the Alaska Department of Environmental Conservation (ADEC) for projects that involve major sources of emissions.
For more information, see:
Agencies
Contact Information
Suggest a contact using the Feedback button above.Suggest edits using the Feedback button above.
Regulations
References
Edit
Alaska Department of Environmental Conservation
Air Quality Permitting Process Contact (Title I Section)
907.465.5303
Visit Website