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Notice of Proposed Changes: 18 AAC 50.081 Repeal

NOTICE OF PROPOSED CHANGES ON AIR QUALITY CONTROL
IN THE REGULATIONS OF THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION

BRIEF DESCRIPTION

The Alaska Department of Environmental Conservation proposes to repeal real estate transaction requirements for air quality found in 18 AAC 50.081. 

Summary of proposed changes: The Alaska Department of Environmental Conservation (DEC) proposes to repeal regulations in Title 18, Chapter 50 of the Alaska Administrative Code, including the following: 

  1. 18 AAC 50.030 is proposed to be amended to update the State Air Quality Contol Plan, adopted by reference, by incorporating the proposed repeal of 18 AAC 50.081.
  2. 18 AAC 50.081 is proposed to be repealed to remove regulations no longer considered necessary to meet the requirements of the Clean Air Act for the Fairbanks North Star Borough PM2.5 Nonattainment Area Serious State Implementation Plan (SIP).

If adopted, DEC will submit the applicable regulation repeal and State Air Quality Control Plan revisions to the U.S. Environmental Protection Agency (EPA) for inclusion in or removal from the approved State Implementation Plan (SIP).

Written comments: You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting comments electronically at the 2025 18 AAC 50.081 Repeal link on the Electronic Comment Submission page on our Air Online Services website at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments.  If you are unable to submit comments via this site, you may submit written comments to Rebecca Smith, Division of Air Quality,  Department of Environmental Conservation, P.O. Box 111800, Juneau, Alaska 99811-1800; or by e-mail to dec.air.comment@alaska.gov.

Written comment deadline: The written comments must be received not later than 11:59 p.m. on Wednesday, November 12, 2025. Comments received after this date will not be considered in final action on these rules or the air quality plan.

Oral hearings:  DEC has scheduled two public hearings for these proposed regulations, to be held on Friday, November 7, 2025, from 12:00 p.m. to 1:30 p.m. in the DEC Office, Conference Rooms B & C at 610 University Avenue, Fairbanks, Alaska,  and from 5:00 p.m. to 8:00 p.m. in the DEC Office, Conference Rooms B & C at 610 University Avenue, Fairbanks, Alaska.  Formal oral or written comments may be submitted at the hearings.  Prior to the start of the hearing, DEC may limit the time allotted for each person providing oral testimony, as reasonably necessary to conclude the hearing in the time provided.  The hearing may be extended for a reasonable amount of time to accommodate those present before 1:30 p.m. or 8:00 p.m., respectively, who did not have an opportunity to comment prior to that time.

Questions: You may submit written questions relevant to the proposed action to DEC by submitting questions electronically via the Electronic Comment Submission link on our Air Online Services website at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments; 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.  DEC will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and http://dec.alaska.gov/air/anpms/sip/2025-18-aac-50.081-repeal-questions-answers. The questions must be received at least 10 days before the end of the public comment period, Sunday, November 2, 2025.  DEC may, but is not required to, answer written questions received after Sunday, November 2, 2025, the cut-off date.

Public nature of comments and questions: Public comments and questions, once submitted, are public records and subject to disclosure under the Alaska Public Records Act. See AS 40.25.100 – 40.25.295. Do NOT include in your comments or questions any information that you do not want made public.

Accommodations:  DEC complies with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who may need accommodation in order to participate in this process, please contact ADA Coordinator Kristin Mabry, kristin.mabry@alaska.gov, 1-907-334-0884, TDD Relay Service 1-800-770-8973/TTY, or dial 711 by Friday, October 31, 2025, to ensure that any necessary accommodations can be provided.

Obtaining copies of the proposed regulations: The above list of proposed changes to the regulations only provides a summary of their subject matter. Copies of the proposed regulation changes are available on the Alaska Online Public Notice System and at the http://dec.alaska.gov/air/anpms/sip/2025-18-aac-50-081-repeal link on:  https://dec.alaska.gov/air/anpms/sip/revisions/. Materials not feasible to post, such as those that are copyrighted, may be viewed at the ADEC offices at the following locations:  ADEC Anchorage Building, 555 Cordova St., Anchorage; ADEC Fairbanks Office Building, 610 University Avenue, Fairbanks; and ADEC Juneau Office, 333 Willoughby Ave., 8th Floor. To arrange to view the materials, contact Rebecca Smith at 907-465-5121 or rebecca.smith@alaska.gov

Final version of regulations:  After the public comment period ends, DEC will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation.

Statutory authority: AS 46.03.020; AS 46.14.010; AS 46.14.020; AS 46.14.030; AS 46.14.140

Statutes being implemented, interpreted, or made specific: AS 46.03.020; AS 46.14.020; AS 46.14.030; AS 46.14.140 

Fiscal information:  The proposed regulation changes are not expected to require an increased appropriation.

How to receive further notices:  DEC, Division of Air Quality, keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the Division of Air Quality notices of proposed regulation changes. To be added to or removed from the list, you may sign up on the Air Online Services (AOS) page at:  http://dec.alaska.gov/Applications/Air/airtoolsweb/Home/Index/.  A myAlaska account is required to use the AOS system.

Individuals can also sign up to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Pubic Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Date:  10/3/2025

 

                        /s/                                               

                                                                        Randy Bates, Commissioner

 

Attachments, History, Details

Details

Department: Environmental Conservation
Category: Regulations
Sub-Category:
Location(s): Statewide
Project/Regulation #: 18 AAC 50.081
 
Publish Date: 10/7/2025
Archive Date: 11/13/2025
 
Events/Deadlines: