Alaska Stat. § 46.14.990

Current through Chapter 1 of the 2024 Legislative Session
Section 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 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(13)[Repealed, Sec. 82 ch 41 SLA 2009.]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.]

AS 46.14.990

Amended by SLA 2017, ch. 3,Secs.sec.55, sec.60 eff. 7/1/2017.