18 Alaska Admin. Code § 50.079

Current through October 17, 2024
Section 18 AAC 50.079 - Provisions for coal-fired heating devices
(a) This section applies to a person who
(1) owns or operates a coal-fired heating device in an area identified in 18 AAC 50.015(b)(3), if the coal-fired device
(A) is installed before January 12, 2018; and
(B) is not otherwise exempted in this section; or
(2) intends to supply, sell, lease, distribute, convey, or install a coal-fired heating device for operation in an area identified in 18 AAC 50.015(b)(3).
(b) A person may not install or reinstall a coal-fired heating device and may not supply, sell, lease, distribute, or convey a coal-fired heating device for operation or installation unless it is a listed device with the local government's air quality program or certified by EPA.
(c) Except as provided under ( d) or (e) of this section, a person may not sell, lease, or convey a coal-fired heating device as part of an existing building or other property located in an area identified in 18 AAC 50.015(b)(3) unless the device is listed with the local government's air quality program or certified by EPA.
(d) Subsection (c) of this section does not apply to an installed coal-fired heating device that has undergone, during wintertime operation, an emission source test
(1) that the department has approved;
(2) that uses 40 C.F.R. Part 60, Appendix A-3, Method 5, revised as of July 1, 2017, and adopted by reference; and
(3) for which the maximum emission rate for any individual test run does not exceed 18.0 grams per hour of total particulate matter.
(e) Subsection (c) of this section does not apply to the conveyance of a coal-fired heating device in an area identified in 18 AAC 50.015(b)(3) if the owner requests and receives a temporary waiver from the department or a local air quality program. The department or local air quality program may grant a temporary waiver after considering
(1) financial hardship information provided by the owner or operator;
(2) technical feasibility and device design information provided by the owner or operator; and
(3) potential impact to locations with populations sensitive to exposure to PM-2.5; locations under this paragraph include hospitals, schools, child care facilities, health clinics, long-term care facilities, assisted living homes, and senior centers.

18 AAC 50.079

Eff. 1/12/2018,Register 225, April 2018; am 9/15/2018,Register 227, October 2018

Authority:AS 46.03.020

AS 46.14.010

AS 46.14.020

AS 46.14.030

Sec. 30, ch. 74, SLA 1993