DEC Proposes Repeal of Fairbanks Real Estate Air Quality Rule Following EPA Clarification

DEC Proposes Repeal of Fairbanks Real Estate Air Quality Rule Following EPA Clarification

• For immediate release:October 8, 2025
• Contact:Sam Dapcevich, Department Media Contact, 907-465-5009

Juneau, AK - The Alaska Department of Environmental Conservation (DEC) is proposing to repeal a Fairbanks-area air quality rule, 18 AAC 50.081, after the U.S. Environmental Protection Agency (EPA) has confirmed it is no longer required under federal law.

The rule, which tied home energy ratings to real estate transactions beginning in 2026, was adopted in 2024 to comply with EPA's requirements in place at the time. With EPA's recent clarification, DEC is moving to repeal the regulation to reduce unnecessary requirements for property owners.

Public comments on the proposed repeal will be accepted from October 7 through November 12, 2025.

"DEC's priority is protecting Alaskans' health with solutions that actually work on the ground," said Commissioner Randy Bates. "We implemented this rule because federal guidance required it, even though it wasn't the best fit for our community. Now that EPA has clarified it's unnecessary, we're acting quickly to repeal it, removing an unnecessary burden on property owners while continuing to focus on practical, effective ways to improve air quality in Fairbanks."

The repeal prevents new compliance requirements in real estate transactions and allows DEC to maintain focus on practical, community-based clean air strategies that improve winter air quality without added burden on residents.

"Wood smoke pollution remains a serious health concern, especially for children, elders, and people with respiratory conditions," said Air Quality Director Jason Olds. "We've made progress, but continued community participation is key. Residents can help by following local air quality alerts, using cleaner-burning heating systems, and taking advantage of programs like the borough's Wood Stove Change-Out Program."

The regulation originated after EPA partially disapproved Alaska's Fairbanks air quality plan in 2023, citing missing control measures. DEC adopted 18 AAC 50.081 in 2024 to maintain compliance, even though the department had previously determined such measures were not feasible or cost-effective for local conditions.

In September 2025, EPA issued new guidance confirming the rule was unnecessary for State Implementation Plan (SIP) approval. Based on this clarification, DEC is now formally proposing its repeal.

DEC will continue working with the Fairbanks North Star Borough and community partners to reduce winter wood smoke emissions through public awareness, incentive programs, and practical clean-heat solutions.

Public comment period: Comments on the proposed repeal will be accepted from October 7 through November 12, 2025. Full instructions for submitting comments are available on DEC's regulations webpage.