Division of Air and Water Quality	Director?s Office: (907) 465-5100

410 Willoughby Avenue, Suite 105	Fax:  (907) 465-5129

Juneau, Alaska 99801-1795	TTY:  (907) 465-5010



October 29, 1997







Mr. William D. Steigers

Steigers Corporation

6551 South Revere Parkway, Suite 250

Englewood, CO  80111-6411



Dear Mr. Steigers:



I am responding to your October 17, 1997 request for an Alaska Attorney General's (AG) 

opinion regarding owner-requested limits under 18 AAC 50.225.



The AG's Office does not provide opinions to the public on matters dealing with 

interpretation of Alaska Administrative Code.  The AG's Office does provide opinions to 

administrative agencies at the request of a Commissioner.  I forwarded your letter to the Alaska 

Department of Environmental Conservation's (ADEC) Assistant Attorney General, Steven 

Daugherty, for advice on how to proceed.  We agreed that the interpretation you have requested 

can be provided by my office.



You asked if a facility may request a limit under 18 AAC 50.225 to avoid a single 

requirement under AS 46.14, without having to avoid all applicable requirements.  The short 

answer is to your question is yes.  However, I must qualify this answer.



The statutory authority for 18 AAC 50.225 is drawn from AS 46.14.140(a)(11).  Under this 

statute, ADEC's authority is limited to allowing the owner of a facility to avoid the requirement 

to obtain a permit.  The regulation cannot be used for purposes other than permit-avoidance.  In 

regulation, ADEC further constrained the use of 18 AAC 50.225 to only those situations where 

the owner is limiting allowable or potential emissions for permit avoidance.



Although an owner can use 18 AAC 50.225 to avoid the requirement for a construction or 

operating permit, the owner must carefully check the applicability of other permit requirements 

to determine the usefulness of the regulation.



For example, suppose an owner wants to avoid a construction permit required for a new 

facility by virtue of its classification under 18 AAC 50.300, or for a modification by virtue of its 

classification under 18 AAC 50.300(h).  In order to avoid classification, ADEC requires the 

owner to obtain a construction permit under 18 AAC 50.305(a)(4).  So in this case, 

18 AAC 50.225 does not preempt the need for a construction permit.



Please call if you need additional explanation.



Sincerely,







John M. Stone, Chief

Air Quality Maintenance Section



JMS/pal  (h:\air\jstone\steigers.wpd)



cc:	Robert W. Hughes, ADEC/AQM, Juneau

James Baumgartner, ADEC/AQM, Juneau

Alfred K. Bohn, ADEC/AQM, Anchorage

Robert Cannone, ADEC/AQM, Fairbanks

Bill MacClarence, ADEC/AQM, Anchorage

John F. Kuterbach, ADEC/AQM, Juneau

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Mr. William D. Steigers	-2-	October 29, 1997