(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following:
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(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 Alaska Stat. § 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 if the stationary source is of a type classified under Alaska Stat. § 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).
