RAPID/Roadmap/15-AK-b

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Regulatory and Permitting Information Desktop Toolkit

Alaska Air Quality Permit - Minor Permit (15-AK-b)

The mission of the Air Permit Program is to protect the Alaskan environment by ensuring that air emissions from industrial operations in the state do not create unhealthy air. This is accomplished through permitting actions and compliance assurance inspections.


See Air Permit Program.


Air Quality Permit - Minor Permit Process

15-AK-b.1 - Is the Project Covered Under a General Minor Permit

15-AK-b.2 - Minor Permit Application

A minor permit is required for an air pollutant that is not significant under 40 CFR 52.21(b)(23).

15-AK-b.3 to 15-AK-b.4 - Review Application Materials for Completeness

The department will review the application to ensure it is complete. If the application is incomplete, the department will notify the applicant in writing and provide a reasonable deadline for the applicant to supply the requested information.

15-AK-b.5 - Does the Project Qualify for Fast-Track Procedures

Fast-Track procedures are outlined in Alaska Admin. Code tit. 18, § 50.542(b).

(1) upon receiving a complete application the department will give notice using the Alaska Online Public Notice System established under Alaska Stat. § 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:

  • include a summary of the information provided by the applicant, and
  • 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 Alaska Admin Code tit. 18, § 50.502(c), or for an air pollutant for which the department requests an analysis for a stationary source classified under Alaska Admin Code tit. 18, § 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) if the approval criteria of (f) of this section are met, the department will issue the permit within 30 days after receiving the application.

15-AK-b.6 to 15-AK-b.7 - Issue Public Notice

(1) no later than 30 days after an application is determined or considered to be complete under Alaska Stat. § 46.14.160 or additional information is submitted in accordance with Alaska Stat. § 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 Alaska Stat. § 44.62.175;
(ii) by mail or electronic mail to persons on a list maintained by the department, including 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 Alaska Admin. Code tit. 18, § 50.508(6) to revise a construction permit issued under Alaska Admin. Code tit. 18, § 50.306-§ 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 Alaska Admin. Code tit. 18, § 50.040; and
(E) the department will make a preliminary decision to approve the application only if the application includes all information required by Alaska Admin. Code tit. 18, § 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;

(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 Alaska Stat. § 46.14.200 may request an informal or adjudicatory hearing as prescribed in Alaska Admin. Code tit. 18, § 15.195-§ 15.340; in a notification of denial of an application, the department will include the reasons for denial.

15-AK-b.8 - Was a Public Comment Period Requested

15-AK-b.9 - Review Minor Permit Application

The regulatory approval criteria requires the department to:

(1) deny a minor permit application for a stationary source or modification classified under Alaska Admin. Code tit. 18, § 50.502 if the department finds that construction and operation will result in a violation of

(A) a requirement of Alaska Admin. Code tit. 18, § 50.045-§ 50.090; or
(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 Alaska Admin. Code tit. 18, § 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 Anchorage stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of Alaska Admin. Code tit. 18, § 50.045-§ 50.090;

(4) approve a minor permit for establishing or revising a PAL, if the department finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in Alaska Admin. Code tit. 18, § 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;

(5) approve a minor permit for a limitation requested under Alaska Admin. Code tit. 18, § 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;

(6) approve a minor permit establishing an owner requested limit under Alaska Admin. Code tit. 18, § 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

(7) approve a request under Alaska Admin. Code tit. 18, § 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.


15-AK-b.10 - Preliminary Minor Permit

The department ensures the following provisions are included in the permit:


15-AK-b.11 - Public Notice and Comment Period

15-AK-b.12 - Public Hearing

Within 30 days after the department issues a permit decision reviewable under Alaska Admin. Code tit. 18, § 15.195-§ 15.340 or within 30 days after the department issues a final decision under Alaska Admin. Code tit. 18, § 15.185, whichever is later, a person authorized to request an adjudicatory hearing under this chapter may serve a request upon the commissioner. The request must be in writing and must contain

(1) the requestor's name, mailing address, and telephone number;
(2) the names and addresses of all persons adversely affected by the decision whom the requestor represents;
(3) a memorandum that supports the request

(SeeAlaska Admin. Code tit. 18, § 15.200)

15-AK-b.13 - Does Application Meet Criteria in 18 AAC 50.542(f)

The department will make its final determination utilizing the criteria outlined in element 15-AK-b.9.

15-AK-b.14 - Air Quality Minor Permit

The procedure for issuing an Air Quality Minor Permit:

(1) posting a public notice on the Alaska Online Public Notice System established under Alaska Stat. § 44.62.175;

(2) sending a copy of the notice by mail or electronic mail to persons on a list maintained by the department, including any person who has requested 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;

(3) distributing the notice using other means the department finds necessary for informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

(A) a description of the stationary sources that would qualify under the general minor permit;
(B) the results of any department analysis on the effect on air quality;
(C) the reasons for the department's proposed action;
(D) a copy of the proposed permit and of the proposed application or notification form;
(E) a description of how interested persons may comment on the proposed general minor permit, including the period during which the department will accept public comments; and
(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.


See Alaska Admin. Code tit. 18, § 50.542.

15-AK-b.15 - Notification of Construction/Operation Under General Minor Permit Form

An application or notification form is issued with each general minor permit. The notification will contain the following information:

  • information identifying the stationary source
  • information that is necessary to determine that the stationary source qualifies for the general minor permit
  • certification by the application that the stationary source is capable of complying with all permit requirements

See Alaska Admin. Code tit. 18, § 50.542.

15-AK-b.16 - Does General Minor Permit Require ADEC Approval Before Construction/Operation

The developer should consult with the Alaska Department of Environmental Conservation in order to determine whether the project may commence before the permit is approved.

15-AK-b.17 and 15-AK-b.18 - Review Notification and Notify Applicant of Deficiencies

The Alaska Department of Environmental Conservation reviews the notification and promptly informs the applicant of any additional information that is required.

15-AK-b.19 and 15-AK-b.20 - Public Notice and Comment Period and Public Hearing

To issue a general minor permit, the department will provide notice and opportunity for public comment on the department's proposed permit by

(1) posting a public notice on the Alaska Online Public Notice System established under Alaska Stat. § 44.62.175;
(2) sending a copy of the notice by mail or electronic mail to persons on a list maintained by the department, including any person who has requested 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;
(3) distributing the notice using other means the department finds necessary for informing the public;
(4) allowing the public at least 30 days to submit comments; and
(5) making available for public inspection in the affected area
(A) a description of the stationary sources that would qualify under the general minor permit;
(B) the results of any department analysis on the effect on air quality;
(C) the reasons for the department's proposed action;
(D) a copy of the proposed permit and of the proposed application or notification form;
(E) a description of how interested persons may comment on the proposed general minor permit, including the period during which the department will accept public comments; and
(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.

(See Alaska Admin. Code tit. 18, § 50.560)


15-AK-b.21 - Does ADEC Approve Proposed Construction/Operation under General Minor Permit Conditions?

15-AK-b.22 - Construct or Operate in Compliance with Conditions of General Minor Permit

The developer should ensure construction and operation is in compliance with the permit.




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Edit Alaska Department of Environmental Conservation
Air Quality Permitting Process Contact (Title I Section)
907.465.5303
fathimaabbazabbasiddeek@alaskaabbazabbagov
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