Section 18.50.225. Owner-requested limits.

	(a)  The owner or operator of an existing or proposed stationary source may request an enforceable limit on the ability to emit air pollutants to avoid all permitting obligations under AS 46.14.130. A limitation approved under this section is an enforceable limitation for the purpose of determining  
		(1) stationary source-specific allowable emissions; and  
		(2) a stationary source's potential to emit.    
	(b)  To request approval under this section of limits on the ability to emit, the owner or operator shall submit to the department  
		(1) a completed stationary source identification form;  
		(2) a list of all emission units at the stationary source;  
		(3) a calculation of the stationary source's actual emissions and potential to emit air pollutants;  
		(4) a description of each proposed limit, including for each air pollutant a calculation of the effect the limit will have on the stationary source's potential to emit and the allowable emissions;  
		(5) a description of a verifiable method to attain and maintain each limit, including monitoring and recordkeeping requirements;  
		(6) citation to each requirement that the person seeks to avoid, including an explanation of why the requirement would apply in the absence of the limit and how the limit allows the person to avoid the requirement;  
		(7) repealed 10/6/2013;  
		(8) a statement that the owner or operator of the stationary source will be able to comply with each limit; and  
		(9) a certification, bearing the signature of the person requesting the limits, that states: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in this request are true, accurate, and complete."  
	(c)  Within 30 days after receiving a request under (b) of this section, the department will  
		(1) make a preliminary decision to approve the request; or  
		(2) deny the request and notify the owner or operator of the reasons for the denial.  
	(d)  If the department makes a preliminary decision to approve a request under (c) of this section, the department will solicit public comment on the preliminary decision as follows:  
		(1) the department will publish a notice in a newspaper of general circulation within the area where the stationary source is or will be located; the department will publish this notice in two consecutive issues of the newspaper and in other media the department considers appropriate; the notice will include  
			(A) the name and address of the applicant and the location or proposed location of the stationary source;  
			(B) a summary describing the proposed limit, including reference to the requirement that the limit avoids;  
			(C) a statement that the department will accept public comment on the proposed limit for 30 days after first publishing notice; and  
			(D) the name and address of the person to whom comments should be sent;  
		(2) the department will make available for public review, in at least one location within the area affected by the stationary source, the materials submitted by the owner or operator and a copy of the proposed limit;  
		(3) the department, upon its own motion or upon a request made in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h); and  
		(4) the department will accept public comments and testimony on the proposed limit for 30 days after publishing the notice required by (1) of this subsection; if the department determines additional time is needed to allow full public participation, it will   
			(A) extend the public comment period by up to an additional 60 days; and  
			(B) publish notice of the extension as provided under (1) of this subsection.  
	(e)  After the public comment period provided under (d) of this section, the department will consider the comments received during the public comment period and will make a final decision whether to approve, approve with conditions, or deny the request for cause. This final decision, or a decision to deny the request under (c)(2) of this section, is a permit action for the purpose of review under AS 46.14.200. The absence of a department decision within 30 days after the close of the public comment period provided in (d) of this section will be considered a permit action to deny the request for the purpose of review under AS 46.14.200.  
	(f)  If the department approves a request for a limit, it will issue a letter of approval that  
		(1) describes the terms and conditions of the approval, including specific testing, monitoring, recordkeeping, or reporting requirements;  
		(2) lists all equipment covered by the approval;  
		(3) describes the requirement that the limit allows the owner or operator to avoid; and  
		(4) contains the statement "I understand and agree to the terms and conditions of this approval" followed by a space for the owner's or operator's signature.  
	(g)  A limit approved under this section becomes effective the day after the department receives a copy of the letter of approval bearing the owner's or operator's signature in the space provided. On and after the date the limit becomes effective and until the limit is revised or revoked under (h) of this section, the owner and operator shall comply with all terms and conditions of the approval.  
	(h)  The owner or operator may request the department to revise the terms or conditions of the approval issued under this section by submitting a new request under (b) of this section. The owner or operator may request the department to revoke the approval in writing by explaining the reason for the request and applying for each permit listed in the original approval under (f) of this section as if the limit had never been approved. The limit remains in effect until the owner or operator   
		(1) obtains a new limit that allows the owner or operator to continue to avoid the requirements; or  
		(2) for a request to revoke the limit, obtains any permit that was avoided, and complies with any other requirement that was avoided.  
	(i)  If an owner or operator requests a limit under this section for a stationary source that already has one or more limits approved under this section, the owner or operator shall provide a copy of all existing limits with the information provided under (b) of this section. This copy is required regardless of whether the new limit will apply to emission units regulated under any existing limits. If the department makes a preliminary decision to approve the new limit, the department will combine the new limit and all existing limits into a single decisional document and process it in accordance with (d) - (g) of this section. All existing limits remain in effect until the effective date of the new decision, unless revoked earlier in accordance with (h) of this section.  

Authorities

46.03.020;46.03.030;46.14.020;46.14.120;46.14.140

Notes

Reference

18 AAC 50.230
18 AAC 50.260
18 AAC 50.400
18 AAC 50.540
18 AAC 50.544

Authority

AS 46.03.020 AS 46.03.030 AS 46.14.020 AS 46.14.120 AS 46.14.140

History

Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 9/14/2012, Register 203; am 10/6/2013, Register 208