18 AAC 50.542 - Minor permit: review and issuance
(a)
Permit
issuance procedure options. The department will use either the
fast-track procedures in (b) and (c) of this section, or the procedures in (d)
of this section to issue a stationary source-specific minor permit. The
fast-track procedures are available for a permit classification under
18 AAC 50.502 if the application
qualifies under (b) and (c) of this section, unless
(1) the stationary source is
(A) classified under
18 AAC 50.502(c)
for carbon monoxide emissions;
(B)
repealed
(C) in the Nikiski
Industrial Area;
(D) on an offshore
platform;
(E) in the Municipality
of Anchorage;
(F) in the City of
Fairbanks;
(G) within Fort
Wainwright; or
(H) within Eielson
Air Force Base; or
(2) a
person requests a public comment period under (b)(1) of this section.
(b)
Fast-track
procedures. Fast-track procedures for minor permits under
18 AAC 50.502 are as follows:
(1) upon receiving a complete application the
department will give notice using the Alaska Online Public Notice System
established under
AS
44.62.175, by mail or electronic mail to
persons on a list maintained by the department, including any person who
requests to be notified, and by other means the department finds necessary for
informing the public; if a person requests to be sent notice by postal mail
instead of electronic mail, the department will send the notice by postal mail;
in the notice, the department will
(A)
include a summary of the information provided by the applicant, and
(B) give any person 15 days to request a
30-day public comment period under (d) of this section; if a comment period is
requested, the department will make a preliminary decision and issue a public
notice under (d) of this section;
(2) if required by the department, the owner
or operator shall apply online;
(3)
for an air pollutant for which a permit is required under
18 AAC 50.502(c),
or for an air pollutant for which the department requests an analysis for a
stationary source classified under
18 AAC 50.502(b),
the application must include a screening ambient air quality analysis in
accordance with (c) of this section, unless the department has made a finding
in writing that the stationary source or modification does not need an ambient
air quality analysis to determine that construction and operation will not
result in a violation of an ambient air quality standard;
(4) fast-track procedures are available only
if all predicted air pollutant concentrations meet the compliance criteria in
(c)(2) of this section;
(5) the
department will issue its permit determination in accordance with the approval
criteria of (f) of this section within 30 days after receiving a complete
application.
(c)
Screening ambient air quality analysis. A screening ambient air
quality analysis under (b)(3) of this section
(1) must
(A) follow a modeling protocol developed by
the department or otherwise approved by the department that is suitable for
fast-track permitting; the department will approve the protocol for a screening
level modeling demonstration if it finds that the department would be able to
adequately review the resulting modeling demonstration in the time available
for fast-track permitting;
(B) use
a model and screening meteorological data approved by the department for the
fast-track procedure;
(2) is considered to show compliance with the
ambient air quality standard for an air pollutant and averaging period if
(A) for a new stationary source or
modification, the predicted ambient air concentration from the stationary
source, excluding offsite or background contributions, does not exceed 50
percent of each ambient standard for PM-2.5, 67 percent of the ambient standard
for PM-10, or 80 percent of each ambient standard for sulfur dioxide or
nitrogen dioxide;
(B) for a
modification, the predicted concentration resulting from the proposal is less
than the significant impact level in Table 5 in
18 AAC 50.215(d);
(C) for a modification, if the owner or
operator has completed a previous ambient analysis that adequately
characterizes the stationary source as it existed before the modification, and
the sum of the highest ambient air concentration from the previous analysis
plus the highest predicted ambient air concentration resulting from the
increase is less than the concentration described in (A) of this paragraph;
or
(D) for a modification, if the
owner or operator has completed a previous ambient analysis that adequately
characterizes the stationary source as it existed before the modification, and
the sum of the highest ambient air concentration from the previous analysis,
plus the previous background concentration, plus the highest predicted ambient
air concentration resulting from the increase is less than the ambient air
quality standard in
18 AAC 50.010.
(d)
Procedures
that include a public comment period. The department will use the
following procedures to issue a permit under
18 AAC 50.508 or to issue a permit
under 18 AAC 50.502 for which the
fast-track procedures in (b) and (c) of this section are not available:
(1) no later than 30 days after an
application is determined or considered to be complete under
AS
46.14.160 or additional information is
submitted in accordance with
AS
46.14.160(c), the department
will make a preliminary decision to approve or deny the application; the
department will provide notice and opportunity for public comment on the
department's preliminary decision as follows:
(A) the department will provide at least 30
days for the public to submit comments;
(B) the department will give notice
(i) using the Alaska Online Public Notice
System established under
AS
44.62.175;
(ii) by mail or electronic mail to persons on
a list maintained by the department, including the EPA administrator and any
person who requests to be notified; if a person requests to be sent notice by
postal mail instead of electronic mail, the department will send the notice by
postal mail; and
(iii) by other
means the department finds necessary for informing the public;
(C) the department will make
available for public inspection in at least one location in the affected area
(i) the information submitted by the owner or
operator;
(ii) any department
analysis on the effect on air quality;
(iii) the reasons for the department's
preliminary approval or denial; and
(iv) if the department proposes to approve
the application, a copy of the proposed permit;
(D) for a request under
18 AAC 50.508(6)
to revise a construction permit issued under
18 AAC 50.306 -
18 AAC 50.316, the department will
provide an opportunity for public hearing in accordance with
40 C.F.R.
51.166(q)(2)(v), adopted by
reference in
18 AAC 50.040;
(E) the department will make a preliminary
decision to approve the application only if the application includes all
information required by
18 AAC 50.540, and the department
finds that the approval criteria of (f) of this section will be met; the
department will include in a preliminary permit any conditions necessary to
assure compliance with this chapter; and
(F) the department will request public
comment on any alternative modeling approvals issued under
18 AAC 50.215(c)(2); this public comment
period will coincide with the public comment period for the draft permit, to
the extent practicable;
(2) the department will notify the applicant,
and any person who commented on the department's preliminary decision, of the
department's final decision to approve or deny the permit application; a person
described in
AS
46.14.200 may request an informal review
under 18 AAC 15.185 or an adjudicatory
hearing under
18 AAC 15.195 -
18 AAC 15.340; in a notification
of denial of an application, the department will include the reasons for
denial.
(e)
Adding
a minor permit to a Title V permit by administrative amendment. An owner
or operator may add the conditions of a minor permit to a Title V permit by
administrative amendment if
(1) the minor
permit is issued using procedures that satisfy the requirements of both this
section and
18 AAC 50.326; and
(2) the permit contains terms and conditions
that satisfy the requirements of both
18 AAC 50.544 and
18 AAC 50.326.
(f)
Approval
criteria. The department will
(1) deny
a minor permit application for a stationary source or modification classified
under 18 AAC 50.502 if the department
finds that construction and operation will result in a violation of
(B) an ambient air quality
standard;
(2) deny a
minor permit application for carbon monoxide emissions near a nonattainment
area if the department finds that construction and operation of the stationary
source will cause an ambient concentration that exceeds a carbon monoxide
concentration in Table 5 in
18 AAC 50.215 at a location that
does not or would not meet an ambient air quality standard for carbon
monoxide;
(3) deny a minor permit
for a Port of Alaska stationary source if the department finds that
construction and operation of that source will result in a violation of a
requirement of
18 AAC 50.045 -
18 AAC 50.090;
(4) repealed 7/25/2008;
(5) repealed 7/25/2008;
(6) approve a minor permit for establishing
or revising a PAL, if the department finds that the emissions unit satisfies
the criteria for a PAL in 40
C.F.R. 52.21(aa), adopted by
reference in
18 AAC 50.040, and if the
department required an ambient air quality analysis, that emissions under the
PAL will not cause or contribute to a violation of an ambient air quality
standard;
(7) approve a minor
permit for a limitation requested under
18 AAC 50.508(4)
to establish offsetting emissions, if the department finds that permanent,
actual emission reductions of the nonattainment air pollutant will result from
the limitations proposed in the application;
(8) approve a minor permit establishing an
owner requested limit under
18 AAC 50.508(5),
if the department finds that
(A) the
stationary source is capable of complying with the limit; and
(B) the permit conditions are adequate for
determining continuous compliance with the limit; and
(9) approve a request under
18 AAC 50.508(6)
to revise or rescind a Title I permit term or condition, if the department
finds that the permit will still require the owner or operator to comply with
all applicable requirements of this chapter.
(g)
Duration. A minor permit
issued under this section remains in effect until changed by another Title I
permit or by an action by the department under
AS
46.14.280, except
(1) as provided in
40 C.F.R.
52.21, adopted by reference in
18 AAC 50.040, for a plantwide
applicability limitation; and
(2)
that an owner requested limit that avoids only a Title V permit remains in
effect until the owner or operator requests in writing to revise or revoke the
limit and, if the new limit no longer avoids the requirement for a Title V
permit, obtains that permit.
Notes
Authority:AS 46.03.020
AS 46.14.010
AS 46.14.020
AS 46.14.120
AS 46.14.130
AS 46.14.140
AS 46.14.170
AS 46.14.180
AS 46.14.200
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