The Department of Environmental Conservation (DEC), proposes to adopt regulation changes in Title 18, Chapter 50 of the Alaska Administrative Code dealing with Best Available Retrofit Technology (BART) and adopt an addition to the State Air Quality Control Plan.

DEC is proposing to amend 18 AAC 50, Article 2 Program Administration, to add a section adopting the federal rule on BART and establishing regulations to address BART requirements for stationary sources with emission units that are subject to BART.  The Department has found that the following facilities may be subject to BART:  (1) Anchorage Municipal Light and Power, George Sullivan Plant Two; (2) Golden Valley Electric Association, Healy Power Plant; (3) Agrium, Kenai Nitrogen Operations Plant; (4) Alyeska Valdez Marine Terminal; (5) Chugach Electric Association, Beluga River Power Plant; (6) ConocoPhillips Alaska, Inc., Kenai LNG; and (7) Tesoro Kenai Refinery.  


DEC is also proposing to add a section to the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, to address Clean Air Act requirements for prohibitions on regional transport of air pollutants. 


The Department is particularly soliciting comments in the public record in regards to BART eligible emission units, whether the state should require units that emit volatile organic compounds (VOCs) or ammonia to be subject to the federal BART requirements if the units meet the other eligibility requirements, and the length of time required for BART analysis.  Please refer to the BART Public Notice Discussion document on the Air Quality webpage at for additional information.


You may comment on the proposed regulation changes, and the analysis of alternatives, including the potential costs to private persons of complying and alternative practical methods of complying with the proposed changes, by submitting written comments to Rebecca Smith, Environmental Specialist, Air Permits Program, Alaska Department of Environmental Conservation, 410 Willoughby Avenue Suite 303, Juneau, Alaska 99801, by facsimile at: (907) 465-5129, or by E-mail at  Comments must be received by 5:00 p.m., on June 5, 2007.  Comments received after this date will not be considered in final action on these rules.


The Department will hold a public hearing on this proposal on May 31, 2007, from 7:00 – 8:30 pm at the DEC First Floor Conference Room, 555 Cordova Street, Anchorage. Oral or written comment may be submitted at the hearing.  The hearing will be extended if necessary to accommodate those present before 7:30 pm who did not have an opportunity to comment.  If you will not be able to attend the public hearing in person, please contact Rebecca Smith at (907) 465-5121 by May 25, 2007, to make arrangements to participate by phone.  The State of Alaska, Department of Environmental Conservation complies with Title II of the Americans with Disabilities Act of 1990.  If you are a person with a disability who may need a special accommodation in order to participate in this public process, please contact Deborah Pock at (907) 269-0291 or TDD Relay Service 1-800-770-8973/TTY or dial 711 within 30 days of publication of this notice to ensure that any necessary accommodations can be provided. 

For a copy of the proposed regulation changes and a discussion of the rationale for the changes, contact Rebecca Smith, Air Permits Program,  Alaska Department of Environmental Conservation, 410 Willoughby Avenue Suite 303, Juneau, Alaska, 99801; by phone at (907) 465-5121; by facsimile at (907) 465-5129; or you can go to the department’s webpage at:

After the public comment period ends on June 5, 2007, DEC will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them.  DEC may process the BART regulations separately from the State Air Quality Control Plan revision.  The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED.  Written comments received are public records and are subject to public inspection.

Statutory Authority: AS 44.03.710, AS 46.14.010, AS 46.14.020, AS 46.14.030

Statutes Being Implemented, Interpreted, or Made Specific: AS 46.14

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

Dated: April 27, 2007                                                               Larry Hartig, Commissioner
Juneau, Alaska                                                                        









                                        ADDITIONAL REGULATIONS NOTICE INFORMATION

                                                                (AS 44.62.190(d))


1.         Adopting agency:  Department of Environmental Conservation                                                  


3.         Citation of regulation (may be grouped):   18 AAC 50.260, 18 AAC 50.030

4.         Reason for the proposed action:

(x)  compliance with federal law

(  )  compliance with new or changed state statute

(  )  compliance with court order

(  )  development of program standards

(  )  other:  

5.         Program category and BRU affected: Air Permits Program, Air Quality; Air Non-Point Source Program, Air Quality                                                                                                                                               

6.         Cost of implementation to the state agency and available funding (in thousands of dollars)

Initial Year                    Subsequent

FY 2008                      Years

Cost                                                     $ 0                               $ 0      

General fund                                         $ 0                               $ 0      

Federal funds                                        $ 0                               $ 0      

Other funds

(specify)                                               $ 0                               $ 0      


7.         The name of the contact person for the regulations:


Name               Tom Turner

Title                  Environmental Program Manager

Address           555 Cordova Street

Anchorage Alaska  99501

Telephone        (907) 269-8123

8.         The origin of the proposed action:


      x                staff of state agency

      x                federal government
                        _______          general public
                        _______          petition for regulation change
                        _______          other (please list)


9.   Date:  April 27, 2007

Prepared by:                              /s/                              


Name:          Rebecca Tyson Smith            

Title:            Environmental Program Specialist

Telephone:  (907) 465-5121