SUPPLEMENTAL NOTICE OF PROPOSED CHANGES IN THE

REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18 of the Alaska Administrative Code, dealing with Air Quality Control (18 AAC 50), including the following:

DEC intends to make changes in our air quality regulations to comply with HB 160 (Chapter No. 46, SLA 2003), which was signed into law in June 2003.  HB 160 revised air quality statutes in AS 37 and AS 46.14.

DEC is proposing to adopt by reference portions of the Environmental Protection Agency’s (EPA) Title V operating permit program and major source preconstruction review programs, including those for prevention of significant deterioration, nonattainment area new source review, and hazardous air pollutants.  DEC also proposes other changes to make the regulations more consistent with the federal programs, both in substance and in terminology.

DEC is also proposing a new minor permit program.  The minor permit program is intended to cover stationary emission sources or changes at any stationary source that may have an effect on ambient air quality, but that are not classified under EPA’s major preconstruction review programs.  Minor permits for continued operation would cover stationary sources that are not covered under the Title V program.

For minor permits, the proposed regulations change the method of public notice.  DEC is also proposing a fast track procedure for some minor permit that would not have a 30 day public comment period unless someone requests it after a public notice on the application.

DEC also intends to adopt new ambient air quality standards for ozone and PM2.5, adopt a new ambient air monitoring method for ozone, change the standard permit conditions for excess emissions and the excess emissions notification form to allow on-line reporting of permit deviation, and for clarity and completeness, update the adoption by reference of federal emission standards.  DEC is also proposing other changes to 18 AAC 50 and the standard permit conditions adopted by reference for clarity and for consistency with HB160.

This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on January 29, 2004 concerning these proposed regulation revisions.  This SUPPEMENTAL NOTICE is being issued because the Department of Environmental Conservation made some changes in some of the forms adopted by reference in the proposed regulations.  These forms and other information regarding this project can be found on DEC’s Internet Website at http://www.dec.state.ak.us/air/ap/rewrite.htm.  In addition, the public hearing has been changed and will now be held on March 8, 2004 from 12:00 p.m. – 1:00 p.m. in the 1st Floor Conference Room in the DEC building at 555 Cordova St. Anchorage, AK  99501.  The hearing might be extended to accommodate those present before 12:30 p.m. who did not have an opportunity to comment.  Oral and written comments may be submitted at the hearing.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Bill Walker at 410 Willoughby Avenue, Suite 303, Juneau, AK  99801, (907) 465-5124, or Bill_Walker@dec.state.ak.us.  The comments must be received no later than 5:00 p.m. on March 8, 2004.

DEC will be holding a public workshop on March 3, 2004 at the Egan Civic and Convention Center, 555 West Fifth Avenue, Anchorage AK 99501.  The workshop will be held from 10:30 a.m. –  4:30 p.m.  The purpose of the workshop is to discuss the proposed changes.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Bill Walker at (907) 465-5124 or at Bill_Walker@dec.state.ak.us no later than February 27th to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Paula Wright at (907) 465-5022 or you can go to DEC’s Notices of Proposed Regulations section on the state’s Online Public Notice Website at http://notes.state.ak.us/pn/pubnotic.nsf.

After the public comment period ends on March 8, 2004, DEC will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them.  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.

Statutory Authority:  AS 44.46.025; AS 46.03.020; AS 46.14.010; AS 46.14.020; AS 46.14.030; AS 46.14.140; AS 46.14.240; AS 46.14.250.                      

Statutes Being Implemented, Interpreted, or Made Specific:  AS 46.03.710; AS 46.14.020; AS 46.14.030; AS 46.14.120; AS 46.14.130; AS 46.14.140; AS 46.14.150; AS 46.14.160; AS 46.14.170; AS 46.14.180; AS 46.14.210; AS 46.14.211; AS 46.14.230; AS 46.14.240; AS 46.14.250; AS 46.14.255; AS 46.14.280; AS 46.14.285; AS 46.14.290; AS 46.14.300; AS 46.14.560; AS 46.14.990.

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

DATE: February 4, 2004                                                                                                                                                                                                                        Ernesta Ballard, Commissioner


ADDITIONAL REGULATIONS NOTICE INFORMATION

(AS 44.62.190(d))

1.  Adopting agency: Department of Environmental Conservation

2.  General subject of regulation: Air Quality Control

3.  Citation of regulation (may be grouped):18 AAC 50

4.  Reason for the proposed action: compliance with federal law; compliance with new or changed state statute; development of program standards

5.  BRU/component affected: Air Quality

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

            There will be no implementation costs

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

            Name       Bill Walker

            Title        Environmental Engineering Associate

            Address   410 Willoughby Avenue, Suite 303

                            Juneau, AK  99801

            Telephone - (907) 465-5124

            E-mail address -  Bill_Walker@dec.state.ak.us

8.  The origin of the proposed action: federal government; staff of state agency

9.  Date:  January 29, 2004                                 Prepared by:     ___/s/________________________

                                                                                                            [signature]

                                                                        Name (typed)    John Kuterbach

                                                                        Title (typed)      Program Manager

                                                                        Telephone:        (907) 465-5103