BRIEF DESCRIPTION

The Alaska Department of Environmental Conservation proposes revising regulations on air quality to meet federal requirements under the Clean Air Act.

Summary of proposed changes: The Alaska Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18, Chapter 50 of the Alaska Administrative Code to maintain consistency with federal standards, ensuring continued state control of the air program while providing regulatory certainty for businesses. The changes reduce unnecessary requirements, modernize permitting and public notice processes, and lower costs. They also remove outdated provisions and recognize Anchorage’s long-standing clean air status, allowing retirement of no longer-needed measures. Overall, this keeps Alaska’s program efficient, current, and supportive of responsible development while maintaining strong air quality protections.

The revisions include the following:

1. 18 AAC 50.030 is proposed to be amended by updating Volumes II and III of the State Air Quality Control Plan and certain related materials adopted by reference by:
   1. adopting revisions to the State Implementation Plan adopted by reference in 18 AAC 50.030(a) to address changes to the Anchorage Carbon Monoxide (CO) maintenance plan;
   2. adopting the revised and approved Quality Assurance Project Plan (QAPP) to ensure the most current quality assurance program is implemented for Air Monitoring Program work; and
   3. incorporating the proposed regulations after public review and comment. The intended effect of the amendments is to maintain consistency between the regulations and the State Air Quality Control Plan.
2. 18 AAC 50.040(a) – (k) are proposed to be amended by updating the adoption by reference of federal regulations to maintain current and consistent permitting requirements for stationary sources in Alaska.
3. 18 AAC 50.040(a)(2)(M), 18 AAC 50.040(a)(2)(N), 18 AAC 50.040(a)(2)(II), 18 AAC 50.040(a)(2)(WW), 18 AAC 50.0040(a)(2)(XX), and 18 AAC 50.040(a)(2)(YY) are proposed to be amended to include the revised titles of adopted federal regulations.
4. 18 AAC 50.040(a)(2) is proposed to be amended by adding subparagraphs (AAA) – (FFF) and 18 AAC 50.040(g) is proposed to be amended by adding new paragraphs (7) – (8), adopting new federal regulations that apply to stationary source categories in Alaska so current applicable requirements are included in permits and so permits are subject to consistent state and federal permitting requirements.
5. 18 AAC 50.040(a)(3) is proposed for amendment to correct a grammatical error.
6. 18 AAC 50.040(a)(2)(KK) is proposed to be repealed. The intended effect of this repeal is to remove regulations no longer applicable to Alaska sources.
7. 18 AAC 50.050(a) is proposed to be amended to provide clear language regarding incinerator emission standards.
8. 18 AAC 50.085, 18 AAC 50.090, 18 AAC 50.502, 18 AAC 50.540, 18 AAC 50.542, and 18 AAC 50.990 are proposed to be amended to reflect the name change of the Port of Alaska to the Don Young Port of Alaska.
9. 18 AAC 50.225(d)(1) is proposed to be repealed and readopted to revise the requirements for publication of public notices on the Alaska Online Public Notice System and make public notice publishing requirements consistent for all permit types.
10. 18 AAC 50.275(b) is proposed to be amended to clarify what types of emissions must be reported to DEC.
11. 18 AAC 50.326(f)(93) – (94) are proposed to be repealed. The intended effect of these repeals is to remove the listed emission unit types, which are now subject to federal regulations, from the list of insignificant emission sources.
12. 18 AAC 50.346(b)(1) – (3), (7) – (8), and Table 7 of 18 AAC 50.345(c) are proposed to be amended to adopt revised Standard Permit Conditions.
13. 18 AAC 50.544(c)(3) is proposed to be repealed and readopted. The intended effect of this repeal and readoption is to include all applicable recordkeeping requirements.
14. 18 AAC 50.565 is proposed as a new section to Article 5 to allow for greater flexibility in beginning actual construction of certain portions of a stationary source prior to obtaining a permit.
15. 18 AAC 50.990(63) and (121) are proposed to be amended to update adoption by reference dates and a citation so the most current definitions are applicable for permitting actions.
16. Standard Permit Conditions I, III, IV, IX, XI, XIV, and XV, found in Table 7 of 17 AAC 50.346(c) are proposed to be amended to provide clarity and make editorial changes to condition language.

If adopted, DEC will include the applicable regulations in its submission of 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 on the Electronic Comment Submission page on our Air Online Services website at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments at the link for the 2026 Adoption Updates and Standard Conditions Regulations. 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. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link.

Written comment deadline: The written comments must be received not later than 11:59 p.m. on Friday, December 11, 2026. Comments received after this date will not be considered in final action on these rules and the air quality plan.

Oral hearing: DEC has tentatively scheduled a public hearing to solicit comments on these proposed regulations, to be held on Tuesday, December 1, 2026, from 12:00 p.m. to 3:00 p.m. via teleconference.  The public hearing will be held only if a request to hold the public hearing is received by 5:00 p.m. on Monday, November 23, 2026. You may request that the public hearing be held by calling Rebecca Smith at 907-465-5121 between 8:00 a.m. and 4:00 p.m., Monday through Friday, or by e-mailing a request to rebecca.smith@alaska.gov.  If no request for the public hearing is received by Monday, November 23, 2026, the public hearing will be cancelled. DEC will announce the cancellation of the public hearing by publishing a public notice by 5:00 p.m. on Tuesday, November 24, 2026, on these websites:  

https://dec.alaska.gov/air/anpms/ 2026-18-aac-50-adoption-updates-regulations/

https://dec.alaska.gov/Applications/Air/airtoolsweb/AirPermitsApprovalsAndPublicNotices; and https://dec.alaska.gov/commish/public-notices.

Formal oral or written comments on the proposed regulations may be submitted at the tentatively scheduled hearing to be held on Tuesday, December 1, 2026, from 12:00 p.m. to 3:00 p.m. telephonically by calling 1-907-202-7104 and using code 153408392# to log in.  Callers should be on the line before the hearing begins at 12:00 p.m. if they would like to provide oral testimony so that we can document contact information for the record and determine the order of testimony. 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 3:00 p.m. 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 at the link for the 2026 Adoption Updates and Standard Conditions Regulations; 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 if it occurs. DEC will aggregate its response to substantially similar questions and make the questions and responses available on http://dec.alaska.gov/air/anpms/sip/2026-18-aac-50-adoption-updates-questions-answers. The questions must be received at least 10 days before the end of the public comment period, Tuesday, December 1, 2026. DEC may, but is not required to, answer written questions received after Tuesday, December 1, 2026, 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: The Alaska Department of Environmental Conservation 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 Tuesday, November 24, 2026, to ensure that any necessary accommodations can be provided.

Obtaining copies of 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 2026 Adoption Updates and Standard Conditions Regulations 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 DEC offices at the following locations: DEC Anchorage Building, 555 Cordova St., Anchorage; DEC Fairbanks Office Building, 610 University Avenue, Fairbanks; and DEC Juneau Office, 410 Willoughby Ave., 2nd Floor, Juneau. 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. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 46.03.020; AS 46.03.030; AS 46.14.010; AS 46.14.020; AS 46.14.030; AS 46.14.120; AS 46.14.130; AS 46.14.140; AS 46.14.170; AS 46.14.180; AS 46.14.211; AS 46.14.250.

Statutes being implemented, interpreted, or made specific: 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/, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.  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 Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Date:   October 21, 2026