(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following: (1) a new major stationary source; (2) a major modification; (3) a project subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act, sec. 112(i)). (b) Except for the owner and operator of a stationary source exempted under AS 46.14.120(e) or (f), the owner and operator of a stationary source shall obtain an operating permit from the department for (1) a major source; (2) a stationary source that contains an emissions unit subject to federal new source performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or (3) another stationary source designated by the federal administrator by regulation. (c) Unless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, or establishing a stationary source, the owner and operator shall obtain a minor permit from the department on permit under (a) of this section, before constructing, installing, modifying, operating, or establishing a stationary source, the owner and operator shall obtain a minor permit from the department if the stationary source is of a type classified under AS 46.14.020 (1) as having the potential to violate the ambient air quality standards; or (2) under a finding by the department that public health or air quality effects provide a reasonable basis to regulate the stationary source. (d) In this section, 'major source' has the meaning given in 42 U.S.C. 7661(2).
Alaska Legal Code