Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 46.14.990 - DefinitionsIn 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 Act, sec. 109);(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 51.166(b) except that it includes a vessel(A) that is anchored or otherwise permanently or temporarily stationed within a locale;(B) upon which a stationary source or stationary sources are located; not including stationary sources engaged in propulsion of the vessel; and(C) that is used for an industrial process, excluding a tank vessel in the trade of transporting cargo; in this subparagraph, "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;(5) "commissioner" means the commissioner of environmental conservation;(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);(7) "construction permit" means a permit under AS 46.14.130(a), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court orders;(8) "department" means the Department of Environmental Conservation;(9) "emission" means a release of one or more air pollutants to the atmosphere;(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 51.100;(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, depending on the context in which the term is used;(12) "federal administrator" means the administrator of the United States Environmental Protection Agency;(13)[Repealed, Sec. 82 ch 41 SLA 2009.](14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean Air Act, sec. 112(b));(15) "local air quality control program" means a program authorized under AS 46.14.400 to implement some or all of the provisions of this chapter;(16) "major modification" means a change that meets the definition of "major modification" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;(17) "major stationary source" means a stationary source or physical change that meets the definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;(18) "operating permit" means a permit under AS 46.14.130(b), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court orders;(19) "operator" means a person or persons who direct, control, or supervise a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;(20) "owner" means a person or persons with a proprietary or possessory interest in a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and other departments, agencies, instrumentalities, units, and corporate authorities of the state;(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C. 7401- 7671q (Clean Air Act);(24) "small business facility" means a stationary source that(A) is owned or operated by a person who employs 100 or fewer individuals;(B) is a small business concern as defined in 15 U.S.C. 632; and(C) emits less than 100 tons per year of regulated air pollutants;(25) "stack" has the meaning given in 40 C.F.R. 51.100;(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, depending on the context in which the term is used;(27) "tank vessel" means a waterborne vessel, ship, or barge, whether or not self-propelled, that is constructed or converted to carry cargo; "tank vessel" includes a tanker, tank ship, or combination carrier, but does not include a vessel that is loading or unloading (A) cargo in sealed drums, barrels, or other packages; or(B) petroleum or petroleum products solely as fuel for use on that vessel;(28)[Repealed, Sec. 60 ch 3 SLA 2017.]Amended by SLA 2017, ch. 3,Secs.sec.55, sec.60 eff. 7/1/2017.