Sec. 46.14.550. Responsibilities of owner and operator; agent for service.
Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, […]
Sec. 46.14.560. Unavoidable malfunctions and emergencies.
Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for noncompliance with a technology-based emission standard. This section does not limit the department’s power to […]
Sec. 46.14.285. Amendment and modification of permit upon request of permittee.
(a) A permittee may request (1) a permit amendment that provides for administrative changes to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emissions; (2) an expedited authorization for minor changes in […]
Sec. 46.14.900. Limitations.
This chapter does not (1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop; (2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or (3) supersede […]
Sec. 46.14.290. Permit as shield.
(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401 – 7671q (Clean Air Act) and regulations adopted under it, if (1) the applicable requirements are included and specifically identified […]
Sec. 46.14.990. Definitions.
In this chapter, (1) “air pollutant” has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302); (2) “ambient air” has the meaning given in 40 C.F.R. 50.1; (3) “ambient air quality standard” means a standard, other than an emission standard, adopted under AS 46.14.010, 46.14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air […]
Sec. 46.14.300. Small business assistance program.
(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401 – 7671q (Clean Air Act). (b) The small business assistance program shall, by regulation, meet the requirements of 42 U.S.C. 7661f(a) (Clean Air Act, sec. 507(a)), […]
Sec. 46.14.310. Power to limit small business assistance program.
(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program established in AS 46.14.300 a category or subcategory of small business facilities that the department finds […]
Sec. 46.14.320. Compliance advisory panel.
(a) There is established in the department a compliance advisory panel whose members shall serve staggered three-year terms. A member may not serve more than two three-year terms consecutively. (b) The panel consists of (1) two members who are not owners or representatives of owners of small business facilities, selected by the governor to represent […]
Sec. 46.14.400. Local air quality control programs.
(a) With the approval of the department, a municipality may establish and administer within its jurisdiction a local air quality control program that operates in lieu of and is consistent with all or part of the department’s air quality program as established under this chapter. A first or second class borough may administer an air […]