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Alaska Air Quality Permit - Title V Operating Permit (15-AK-c)

Information current as of 2022
In Alaska, a developer may need a Title V Operating permit from the Alaska Department of Environmental Conservation (ADEC). Title V is a federal program designed to standardize air quality permits and the permitting process for major sources of emissions across the country. The name "Title V" comes from Title V of the 1990 federal Clean Air Act Amendments which requires the Environmental Protection Agency (EPA) to establish a national, operating permit program. Accordingly, the United States Environmental Protection Agency (EPA) adopted regulations under 40 C.F.R. 70, which require states and local permitting authorities to develop and submit federally enforceable operating permit programs for EPA’s approval.

Title V issues operating permits to polluting facilities, or 'sources,' after the source has begun to operate or has triggered a Title V applicable requirement. A source typically will be subject to Title V requirements if the source is designated as a new 'major source' under 40 C.F.R. 71 Alaska Stat. § 46.14.130(a).

A major source is any stationary source, which either:

  • Emits or has the potential to emit, in the aggregate, 10 tpy or more of any hazardous air pollutant that has been listed in Section 112 of the Clean Air Act, 25 tpy or more of any combination of such hazardous air pollutants.
  • Emits or has the potential to emit, 100 tpy or more of any air pollutant subject to regulation including fugitive emissions of such pollutant
  • Is defined as a major stationary source in Part D of Title I of the Clean Air Act.

40 C.F.R. 71

A source may also be subject to Title V permitting requirements if:

  • There is a new major modification to the facility
  • The project is subject to the constructing permitting requirement of Section 112(i) of the Clean Air Act
  • A stationary source that contains an emissions unit subject to federal New Source Performance Standards under Section 111 of the Clean Air Act or
  • Another stationary source designated by the federal administrator by regulation.

Alaska Stat. § 46.14.130.

If a developer's geothermal facility is subject to Title V permitting procedures, the developer must apply for an Operating Permit within 12 months of becoming subject to Title V conditions. Alaska Stat. § 46.14.150(a)

See Alaska’s Air Permit Program Webpage.



Air Quality Permit - Title V Operating Permit Process


15-AK-c.1 - Apply for Operating Permit Within 12 Months of Becoming Subject to Title V Conditions

The developer must apply for an Operating Permit within 12 months of becoming subject to Title V conditions. Alaska Stat. § 46.14.150(a).

The developer must apply for an operating permit, a modification or revision to an operating permit, or renewal of an existing operating permit using the department's Title V Standard Application and Forms Alaska Admin Code tit. 18 §50.326(c). Applications for Title V Operating Permits are available on the Alaska’s Air Permit Program Webpage.


Additionally, the developer must satisfy the requirements of Alaska Stat. § 46.12.520 to establish confidentiality for information submitted to the department. This requires the developer to certify under oath to ADEC that :

  • Public disclosure would tend to affect adversely the owner's and operator's competitive position and
  • The records, reports, or information, or parts of the records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or financial data of the owner and operator that are entitled to protection as trade secrets under the Alaska Uniform Trade Secrets Act.

The ADEC may accept and begin processing applications filed earlier than the submission date. Applications filed earlier may be given priority for permit issuance. Alaska Stat. § 46.12.150(b).

15-AK-c.2 to 15-AK-c.4 - Are Any Emissions Insignificant?

Certain emissions units and activities are considered insignificant and need not be included in an operating permit application unless an exception applies. ADEC has a list of insignificant activity exceptions that are to be included in the Application. See Alaska Admin. Code tit. 18 § 50.326.The developer must certify all insignificant emissions to ADEC.

To ensure that sources follow the permit requirements, permits also contain monitoring, record keeping, and reporting requirements. Permit applications that include insignificant emissions units and activities will include conditions for monitoring, record keeping and reporting if the conditions are necessary to assure compliance with the imposed requirements. Alaska Admin. Code tit. 18 § 50.326(d)(6).

15-AK-c.5 - Review Application Materials for Completeness

Developers should prepare and submit a timely and complete application in accordance with 40. C.F.R. § 71.5. To be deemed complete, an application must provide the following information as required in 40. C.F.R. § 71.5(c):

  • Identifying information, including company name and address, 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.
  • Emissions-related information as mandated in 40 C.F.R. 71.5(c)(3).
  • 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
  • An explanation of any proposed exemptions from otherwise applicable requirements
  • A compliance plan with a description of the compliance status of the source with respect to all applicable requirements, certifications of compliance, and a compliance schedule
  • Insignificant activities and emissions levels that must be reported per Alaska Admin. Code tit. 18 § 50.326.

ADEC shall notify the applicant in writing whether the application is complete. Unless the department notifies the applicant within 60 days of receipt of an application that the application is incomplete, the application shall be considered to be complete Alaska Stat. § 46.14.160. If, after an application has been determined or considered to be complete, ADEC requires additional information to evaluate or take action on that application, the information may be requested in writing from the owner and operator Alaska Stat. § 46.14.160.

15-AK-c.6 to 15-AK-c.7 - Draft Operating Permit and Public Notice

The ADEC drafts a public notice draft packet consisting of a notice, statement of basis, and draft permit. They provide a statement that sets forth the legal and factual basis for the draft permit conditions and send the statement to any person who requests them, and to EPA, in the case of a delegated program 40 C.F.R. 71.5(a)(5).

15-AK-c.8 to 15-AK-c.9 - Review Final Draft Permit

After the notice and opportunity for public comment and hearing, ADEC responds to comments and testimony and edits the draft final packet consistent with responses. ADEC shall issue or deny an operating permit within 12 months after receipt of the complete application by the department. Failure by the department to act within this time is considered to be final agency action, but only for the purpose of judicial review to determine whether the court will require that action by taken by ADEC Alaska Stat. § 46.14.170.

ADEC then forwards the draft permit to the EPA.


15-AK-c.10 - Resolve Objections of the EPA Regional Administrator Before Issuing Permit

An operating permit will not be issued until the EPA Regional Administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier Alaska Stat. § 46.14.215.

The applicant, ADEC, and the EPA may work to resolve any issues or objections before the final issue of the permit. The department may not issue the permit until the objection is resolved or the permit is revised to meet the objection of the federal administrator Alaska Stat. § 46.14.215.


15-AK-c.11 - Title V Operating Permit

Once all objections and comments have been resolved, ADEC will issue a decision on the permit. Once an application has been approved, ADEC will issue a Title V operating permit to the developer.

Each permit shall include emissions limitations and standards, including operational and monitoring requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance. Additionally, the permit shall specify and reference the origin of and authority for each term and condition placed on the permit holder. 40 C.F.R. 71.6(a)(5).

An Title V operating permit is only valid until its expiration date. ADEC will include the expiration date in the permit. In Alaska, an operating permit is issued for a fixed term of five years after the date of issue, except for temporary operations or a shoter term is requested by the permit applicant Alaska Stat. § 46.14.230.


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Edit Alaska Department of Environmental Conservation
Title V Section Contact 465.5108 Visit Website



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