- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 14. Air Quality Control
- Section 540. Authority of Department in Cases of Emergency.
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AS 46.14.540. Authority of Department in Cases of Emergency.
- (a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates
emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized
by the permit, the commissioner may waive procedural requirements of this chapter and issue an order to authorize
emergency use of the emissions unit. When acting under this section, the commissioner shall impose conditions necessary
to protect life, human health, welfare, property, and the environment and may impose other conditions the commissioner
finds necessary and appropriate.
- (b) An authorization issued under this section automatically terminates within a reasonable time after abatement of the
emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an
authorization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more
- (c) A person acting under an order issued under (a) of this section is considered to be acting in compliance with the
operating permit program established in this chapter.
- (d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division
directors in the department.
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