- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 14. Air Quality Control
- Section 410. Inadequacy of Local Program.
previous: Section 400
. Local Air Quality Control Programs.
next: Section 500
. Air Pollution From Outer Continental Shelf Activities.
AS 46.14.410. Inadequacy of Local Program.
- (a) If a municipality or a local air quality district has an approved local air quality control program under AS 46.14.400
and the department determines that the program is being implemented in a manner that fails to meet the terms of the
cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice
setting out its determination to the municipality or local air quality district. Within 45 days after giving written
notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that
ensures an accurate record.
- (b) If, after the hearing, the department upholds the determination made in the written notice, the department shall
provide the municipality or local air quality district with a written finding setting out the nature of the
deficiencies and a description of the necessary action to be taken to ensure that the local air quality control program
prevents or controls air pollution. The department shall provide its finding to the municipality or district within 45
days after closure of the public hearing record. The department shall set a reasonable period of time for the
municipality or local air quality district to take corrective action in response to the department's finding.
- (c) If the municipality or local air quality district fails to take corrective action within the time period set by the
department under (b) of this section, the department shall terminate the cooperative agreement and resume management of
air quality control in the affected jurisdiction. If the municipality or the local air quality district partially
remedies, to the department's satisfaction, the deficiencies found in the determination, the department shall amend the
cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or
the local air quality district.
- (d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the
department's approval, resume a local air quality control program if the municipality or district agrees to comply with
and with any corrective action plan required by the department.
- (e) If the department finds that control of a particular class of stationary source or emissions unit, because of its
complexity or magnitude, is beyond the reasonable capability of the municipality or the local air quality district or
may be more efficiently and economically controlled at the state level, the department may assume and retain
jurisdiction over the class of stationary source or emissions unit. Classifications under this subsection may be based
on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in
which they are located, or another basis established by the department.
Article 05. MISCELLANEOUS PROVISIONS
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