Note: These questions and answers pertain to the 2025 18 AAC 50.081 Repeal Proposed Revisions. The information was current at the time of posting, but may be outdated after the adoption of regulations.

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Why is DEC proposing to repeal 18 AAC 50.081?

In the 2019 and 2020 State Implementation Plan (SIP) submittals for the Fairbanks North Star Borough PM2.5 Nonattainment Area Serious SIP, DEC dismissed energy efficiency and weatherization control measures as infeasible. In December 2023, The U.S. Environmental Protection Agency (EPA) finalized a partial disapproval of the SIP due in part to the lack of energy efficiency and weatherization control measures which EPA insisted were feasible and therefore required. EPA's disapproval of the SIP triggered penalties against DEC, including a conformity freeze and sanctions on federal highway funding. In order to remove the penalties, DEC proposed 18 AAC 50.081 as a mandatory energy efficiency and weatherization control measure, which went through public comment in 2024. After receiving no public comment, the State adopted 18 AAC 50.081. In correspondence dated September 24, 2025, EPA changed their position, stating that it would no longer be requiring 18 AAC 50.081 for full SIP approval. Therefore, DEC is now repealing 18 AAC 50.081 as it is no longer required to meet the requirements of the Clean Air Act for the SIP.

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Additional information:

You may submit written questions relevant to the proposed action to DEC by submitting questions electronically via the Electronic Comment Submission link to the 2025 18 AAC 50.081 Repeal package on our Air Online Services website at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments, by November 2, 2025.  Alternately, you may submit questions by electronic mail to dec.air.comment@alaska.gov; or by mail to Rebecca Smith, Division of Air Quality, Department of Environmental Conservation, P.O. Box 111800, Juneau, Alaska 99811-1800. Questions may also be submitted verbally in testimony at the public hearing.

The department will aggregate its response to substantially similar questions and make the questions and responses available on this page.  The department may, but is not required to, answer written questions received after the November 2, 2025, deadline for submitting questions.

Documents for the proposed regulation changes may be found at: 2025 18 AAC 50.081 Repeal Webpage