00 Enrolled SB 144 01 Relating to regulations, definitions, and permits under the emission control permit program; 02 and providing for an effective date. 03 _______________ 04 * Section 1. AS 46.14.130(b) is amended to read: 05 (b) Except for the owner and operator of a stationary source exempted under 06 AS 46.14.120(e) or (f), the owner and operator of a stationary source shall obtain an 07 operating permit from the department for [IF THE STATIONARY SOURCE] 08 (1) a major source [EMITS OR HAS THE POTENTIAL TO EMIT 09 100 TPY OR MORE OF A REGULATED AIR POLLUTANT]; 10 (2) a stationary source that [EMITS OR HAS THE POTENTIAL TO 11 EMIT 10 TPY OR MORE OF A HAZARDOUS AIR POLLUTANT OR 25 TPY OR 12 MORE, IN THE AGGREGATE, OF TWO OR MORE HAZARDOUS AIR 13 POLLUTANTS; 14 (3)] contains an emission unit subject to federal new source 01 performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national 02 emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean 03 Air Act, sec. 112); or 04 (3) [(4) CONTAINS] another stationary source designated by the 05 federal administrator by regulation. 06 * Sec. 2. AS 46.14.130 is amended by adding a new subsection to read: 07 (d) In this section, "major source" has the meaning given in 42 U.S.C. 08 7661(2). 09 * Sec. 3. AS 46.14.140(a) is amended to read: 10 (a) The department shall adopt regulations to address substantive and 11 procedural elements of the emission control permit program established under this 12 chapter that are not addressed in statute, except elements that relate only to the internal 13 management of the department and do not affect the public or govern the way the 14 department deals with the public. The regulations must be reasonable and adequate, 15 and provide flexibility in the operation of a stationary source consistent with 42 U.S.C. 16 7401 - 7671q (Clean Air Act), as amended, and applicable federal regulations. Except 17 for regulations concerning minor permits required under AS 46.14.130(c), the 18 regulations must include 19 (1) a standard permit application form that meets the requirements of 20 federal regulations adopted under 42 U.S.C. 7661a(b) (Clean Air Act, sec. 502(b)); 21 (2) monitoring, record keeping [RECORDKEEPING], and reporting 22 requirements for facilities that are subject to AS 46.14.130(b), which must comply 23 with the requirements established for state operating permit programs in 40 C.F.R. 24 70.6, but which may be modified to take into account this state's unique conditions; 25 (3) procedures for preparation and submission of a monitoring, 26 reporting, and quality assurance plan and, if required, a compliance schedule 27 describing how a permitted stationary source will comply with the applicable 28 requirements of this chapter; 29 (4) procedures for 30 (A) specifying when permit applications and renewal requests 31 are to be submitted; 01 (B) specifying the time duration for department review of 02 permit applications; 03 (C) processing and reviewing an application; 04 (D) providing public notice, including opportunity for public 05 comment and hearing; and 06 (E) issuing permits, including procedures for issuing permits 07 for temporary operations or open burn activities; 08 (5) reasonable standard permit conditions, including conditions for 09 (A) emission standards and limitations; 10 (B) monitoring, record keeping, and reporting for facilities 11 subject to AS 46.14.130; 12 (C) inspection and entry; 13 (D) certification of corporate or other business organization 14 reports; 15 (E) annual certification of compliance; 16 (F) excess emission or process deviation reporting; and 17 (G) equipment malfunctions and emergencies; 18 (6) fees and procedures for collecting fees; 19 (7) provisions addressing late payment or nonpayment of fees, which 20 may include assessment of penalties and interest or refusal to issue, amend, modify, or 21 renew an air quality control permit; 22 (8) the duration of permits; 23 (9) procedures for modifying or amending a permit that provide 24 flexibility in the operation of the stationary source, including procedures to allow 25 changes to a permitted stationary source without requiring a permit modification, 26 consistent with the purposes of this chapter and with 42 U.S.C. 7401 - 7671q (Clean 27 Air Act); 28 (10) reasonable provisions for renewing, reopening, revoking and 29 reissuing, and terminating a permit consistent with the purposes of this chapter and 42 30 U.S.C. 7401 - 7671q (Clean Air Act); 31 (11) provisions allowing for physical or operational limitations that 01 will reduce a stationary source's emissions to levels below those that would make the 02 stationary source subject to part or all of AS 46.14.120 and 46.14.130; 03 (12) provisions authorizing stationary source operation while a permit 04 application is pending, consistent with 42 U.S.C. 7661b(d) (Clean Air Act, sec. 05 503(d)); 06 (13) provisions for ensuring that compliance with an operating permit 07 issued under this chapter will be considered to be compliance with 42 U.S.C. 7661a 08 (Clean Air Act, sec. 502) and other provisions of state or federal law specifically 09 provided for by the department consistent with 42 U.S.C. 7401 - 7671q (Clean Air 10 Act) and regulations adopted under state and federal law; [AND] 11 (14) provisions allowing for certification of inspectors who evaluate 12 compliance with the terms and conditions of a permit, order, regulation, or other 13 provision of law authorized under this chapter; and 14 (15) definitions of terms incorporating applicable definitions in 42 15 U.S.C. 7401 - 7671q (Clean Air Act), as amended, and applicable federal 16 regulations, to the extent that those definitions are not inconsistent with this 17 chapter. 18 * Sec. 4. AS 46.14.255(b) is amended to read: 19 (b) If a permittee has failed to pay a fee imposed under AS 46.14.240 - 20 46.14.250, a penalty, assessment, or damage award imposed under AS 46.03.760(e) or 21 46.03.790 for a violation of this chapter, or interest imposed under (a) of this section, 22 the department may, after 30 days' written notice to the permittee, revoke a minor 23 permit, refuse to issue or renew permits requested by the permittee, or refuse to 24 amend or modify a permit when the amendment or modification is requested by the 25 permittee. 26 * Sec. 5. AS 46.14.280(a) is amended to read: 27 (a) After 30 days' written notice to the permittee, the department 28 (1) may terminate, modify, or revoke and reissue a construction, [OR] 29 operating, or minor permit if the department finds that 30 (A) the permit was obtained by misrepresentation of material 31 fact or by failure of the owner and operator to disclose fully the facts relating 01 to issuance of the permit; 02 (B) the permittee has violated this chapter, a regulation, a 03 judicial or administrative order, or a material term or condition of a permit, 04 approval, or acceptance issued under this chapter; or 05 (C) the permittee has failed to construct or modify a stationary 06 source within the time period specified in a construction permit, if any, 07 required under AS 46.14.130(a); 08 (2) may modify, or revoke and reissue a construction, operating, or 09 minor permit if the department finds that 10 (A) the permit contains a material mistake; or 11 (B) there has been a material change in the quantity or type of 12 air pollutant emitted from the stationary source; or 13 (3) shall reopen a permit issued under this chapter 14 (A) based on a determination of the federal administrator or the 15 department that the permit must be revised to comply with 42 U.S.C. 7401 - 16 7671q (Clean Air Act) and regulations adopted under 42 U.S.C. 7401 - 7671q 17 [THEREUNDER]; or 18 (B) to incorporate changes in law, or to impose equivalent 19 emission limitations, that become applicable after the permit is issued if the 20 permit is issued to a major [STATIONARY] source and has a remaining 21 duration of three or more years; the department shall make revisions allowed 22 under this subparagraph as soon as practicable, but, regarding a change in law, 23 not [NO] later than 18 months after the change in law takes effect; the 24 department may not reopen the permit of a major [STATIONARY] source 25 under this subparagraph if the change in law is not effective until after the date 26 that the permit expires. 27 * Sec. 6. AS 46.14.990(11) is amended to read: 28 (11) "emission unit" has the meaning given in 40 C.F.R. 51.166(b)(7) 29 or 40 C.F.R. 70.2, depending on the context in which the term is used [40 C.F.R. 30 51.166(b)]; 31 * Sec. 7. AS 46.14.990(27) is amended to read: 01 (27) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) 02 or 40 C.F.R. 70.2, depending on the context in which the term is used; 03 * Sec. 8. AS 46.14.990(18) is repealed. 04 * Sec. 9. This Act takes effect July 1, 2005.