chapter 1 guam air pollution control - faofaolex.fao.org/docs/pdf/gum71807.pdf · 22 gar - gepa...

22 GAR - GEPADIV. I - GUAM AIR POLLUTION CONTROL

CH. 1 - GUAM AIR POLLUTION CONTROL- 1997 - P. 3

CHAPTER 1GUAM AIR POLLUTION CONTROL

§1101. Definitions.§1102. Ambient Air Quality Standards.§1103. Permit to Construct.§1104. Permit to Construct in Non Attainment Areas.§1105. Offset Standards.§1106. Permit to Construct in Attainment Areas.§1107. Air Quality Impact Analysis and Monitoring Requirements.§1108. Reconstruction.§1109. Permit to Operate.§1110. Permit Exemptions.§1111. Permit Applications.§1112. Standards for Approval, Conditional Approval or Denial of

Permit Applications.§1113. Action on Permit Application.§1114. Permit Conditions.§1115. Air Quality Models.§1116. Performance Testing.§1117. Revocation of Permits.§1118. Transfer of Permits.§1119. Reporting Information.§1120. Responsibility of the Permit Holder.§1121. Reporting Discontinuance or Dismantlement.§1122. Posting of Permits.§1123. Falsifying or Altering Permits.§1124. Monitoring, Records and Reporting.§1124.1. Same: Stationary, Source Emission Report Procedures.§1124.2. Same: Shutdown of Air Pollution Control Equipment for

Maintenance.§1124.3. Same: Breakdown of Air Pollution Control Equipment.§1125. Sampling and Testing Method.§1126. Control of Open Burning.§1126.1. Same: Exceptions.§1126.2. Same: Barbecue Pits, Grills, etc., Used for Preparation of Food.§1127. Control of Particulate Emission: Process Industries.§1128. Control of Fugitive Dust.§1128.1. Same: Construction and Sand Blasting Operations.§1128.2. Same: Grading and Clearing.§1128.3. Same: Roads and Parking Lots.§1128.4. Same: Compliance Schedule for Sources Not in Compliance

with Control of Fugitive Dust and Control of Dust inConstruction and Sand Blasting Operations.

§1128.5. Same: Report to Administrator.§1129. Control of Particulate Emission from Incinerator: Design and

Operation.§1130. Control of Visible Emission of Particulates for Stationary

Sources.§1130.1. Same: Fossil Fuel-Fired Generators.§1131. Control of Odors in Ambient Air.§1132. Air Pollution Emergencies.§1132.1. Same: Emission Reduction Plan.§1133. Control of Sulfur Dioxide Emission.§1134. Motor Vehicle Pollution Control.§1134.1. Same: Penalties.§1134.2. Same: Waiver.



§1135. Standards of Performance for New Stationary Sources.§1136. National Emission Standards for Hazardous Air Pollutants.§1137. Appeal Procedures, Circumvention, Severability and Effective

Date.

NOTE: Rule-making authority cited for the formulation ofregulations for Guam Air Pollution Control of GuamEnvironmental Protection Agency, 10 GCA Chapter 49.

Regulatory power for the control of air pollution wasoriginally vested in the Air Pollution Control Commissionpursuant to 10 GCA Chapter 49. Subsequently, all powers weretransferred to the Guam Environmental Protection Agencythrough 10 GCA Chapter 45.

These Rules and Regulations were filed with the LegislativeSecretary on November 17,1986.

The original publication was made on February 15, 1975.

§1101. Definitions. (a) Act means the Clean AirAct, 42 U.S.C.A. and all subsequent amendments.

(b) Actual Emissions shall mean the actual rate ofemissions of a pollutant from an emissions unit, asdetermined in accordance with the following:

(1) The actual emissions as of a particular date shallequal the average rate, in tons per year, at which theunit actually emitted the pollutant during a two-yearperiod which precedes a particular date and isrepresentative of normal operation. The Administratormay allow the use of a different time period that ismore representative of normal source operation.Actual emissions will be calculated using the unit'sactual operating hours, production rates and types ofmaterials combusted, processed, or stored during theselected period.

(2) The source-specific allowable emissions for theunit may be presumed to be equivalent to the actualemissions of the unit.

(3) For any emissions unit which has not begunnormal operations on the particular date, actualemissions shall equal the potential to emit of the uniton that date.

(c) Administrator shall mean the Administrator of



the Guam Environmental Protection Agency or hisdesignee.

(d) Agency shall mean the Guam EnvironmentalProtection Agency or designated employee thereof.

(e) Air Contaminant shall mean dust, fumes, mist,smoke, other particulate matter, vapor, gas, odoroussubstances, or any combination thereof.

(f) Air Pollution shall mean the presence in theambient air of one or more contaminants in suchquantities and duration as is or tends to be injurious tohuman health or welfare, animal or plant life,property, or interferes with the enjoyment of life orproperty.

(g) Allowable Emissions shall mean the moststringent of the following:

(1) Emission limitations in the applicable StateImplementation Plan, or

(2) The applicable new source performancestandards, National Emissions Standards forhazardous air pollutants, or existing sourceperformance standards, or

(3) The emission rate agreed to by the owner oroperator, including those with a future compliancedate. Allowable emissions shall be calculated at thesource's maximum rated capacity, unless the source issubject to permit conditions which are enforceable bythe Administrator and which are federally enforceablewhich limit rate of operation, hours of operation, orthe type of amount of materials combusted orprocessed.

(h) Ambient Air means the outdoor air oratmosphere, external to buildings, stacks, or exteriorducts, which surrounds the earth.

(i) Annual Average Capacity Factor shall mean therate of the average load on a machine or equipmentfor the period of one (1) year (8760 hours) to thecapacity rating of the machine or equipment.



(j) Applicant shall mean owner or designatedrepresentative.

(k) Attainment Area means an area so designated bythe Administrator of the United States Environmental;Protection Agency acting pursuant to Section 107 ofthe Act as amended, as having ambient air pollutantconcentration equal to or less than national primary orsecondary air quality standards for a particularpollutant or pollutants.

(l) Baseline Area means, with respect to an areadesignated as attainment (or any part thereof), whicha new major source or major modification wouldconstruct or would have an air quality impact equal toor greater than 1 microgram per cubic meter (annualaverage) of sulfur dioxide or particulate matteremissions at the time a complete application for aPermit to construct is filed pursuant to Section 3.4.Boundaries of baseline areas redesignated asattainment shall not intersect nor shall be smaller thanthe area of impact of any major source or majormodification which has filed a complete applicationfor a Permit to Construct.

(m) Baseline Date means the earliest date afterAugust 7, 1977 that a new major source or majormodification submits a complete application for aPermit to Construct pursuant to §1106. The baselinedate is established for each pollutant for whichincrements or other equivalent measures have beenestablished if:

(1) The area in which the proposed major source ormajor modification would construct is designated asattainment for the pollutant on the date of its completeapplication under §1106; and

(2) In the case of a major source, the pollutantwould be emitted in significant amounts, or in the caseof a major modification, there would be a significantnet emissions increase of the pollutant.

(n) Best Available Control Technology (BACT) shallmean an emission limitation based on the maximumreduction of a pollutant subject to these Standards and



Regulations which the Administrator, on a case-by-case basis, taking into account energy, environmentaland economic impact and other costs, determines isachievable for a source, facility or modificationthrough application of production processes oravailable methods, systems, and techniques, includingcleaning or treatment or innovative fuel combinationtechniques for control of such pollution. If, due totechnological or economic limitations on theapplication of measurement methodology, noemission limit is feasible, the application of BACT canrequire compliance with design, equipment, workpractice or operational standards or any combinationthereof. Such standard shall, to the degree possible, setforth the emissions reduction achievable byimplementation of such design, equipment, workpractice or operation, and shall not be affected in anymanner by so much of the stack height of any sourceas exceeds allowable design criteria. The precedingsentence shall not apply with respect to stack heightsin existence before the date of enactment of the CleanAir Act Amendments of 1970. For purposes of BACTallowable design criteria means the stack heightnecessary to insure that emissions from the stack donot result in excessive concentrations of any airpollutant n the immediate vicinity of the source as aresult of atmospheric downwash, eddies and wakeswhich may be created by the source itself, nearbystructures or nearby terrain obstacles (as determinedby the Administrator). Such height shall not exceedtwo and a half times the height of such source unlessthe owner of the source demonstrates, after Notice andopportunity for public hearing, to the satisfaction ofthe Administrator that a greater heights i necessary forthe reason(s) cited in the preceding sentence. In noevent shall application of BACT result in emissions ofany pollutant, which will exceed the emissionsallowed by any applicable new source performancestandard.

(o) Board shall mean the Board of the GuamEnvironmental Protection Agency.

(p) Bond means a contract between the Director andan importer or consignee whereby the importer orconsignee places one-half the value of the motorvehicle or motor vehicle engine as guarantee to the



Director that the importer or consignee will complywith the provisions of the Act.

(q) Buffer Zone shall mean the area surrounding astationary source, access to which is effectivelyprohibited to persons other than employees of thestationary source, on the date of adoption of theseregulations. The boundaries and areas outside thebuffer zone shall be used for ambient air qualitysampling.

(r) Certificate of Conformity means the certificationgiven by U.S. Environmental Protection Agency afterreview of test results that a vehicle complies with theAct and also covers those new motor vehicles whichconfirm in material and design specifications to thetest model and application produced during thatmodel year.

(s) CFR shall mean the Code of FederalRegulations.

(t) Commence means that an owner or operator hasobtained all necessary preconstruction approvals orpermits and either has:

(1) Begun, or caused to begin, a continuousprogram of physical on-site construction of the sourceor facility, or

(2) Entered into binding agreements or contractualobligations which cannot be cancelled or modifiedwithout substantial loss to the owner or operator, toundertake a program of construction of the source orfacility to be completed within a reasonable time.

(u) Complete shall mean, in reference to anapplication for a permit, that the application containsall the information necessary for processing theapplication. Designating an application complete forpurposes of permit processing does not preclude theAdministrator from requesting or accepting anyadditional information.

(v) Complex Source shall mean any stationarysource, including buildings, structures, or facilities,



which affect air quality by indirect means, primarilyby means of mobile source activity associated withthem. For the purpose of these regulations ComplexSources shall be defined as, but not restricted to, thefollowing:

(1) Projects requiring Environmental ImpactStatements or Assessments such as highways andairports;

(2) Parking facilities with a capacity of five hundred(500) vehicles or over two (2) acres of surface area;

(3) Drive-in facilities;

(4) Commercial buildings with over one hundredthousand (100,000) square feet of gross lease area;

(5) Sports complexes with a capacity of over threethousand (3,000) persons;

(6) Amusement parks and other recreationalfacilities with a capacity of over three thousand (3,000)persons;

(7) Commercial, industrial, institutional or publicbuildings employing and accommodating a total ofmore than five hundred 9500) persons in any eight (8)hour period;

(8) Hotels, motels and multi-family dwellings withaccommodations for more than one hundred 9100)persons;

(9) Residential subdivisions consisting of over fifty(50) dwelling units;

(10) Planned Development Districts.

(w) Construction means, in general, initiation ofphysical on-site construction activities on an emissionsunit which are of a permanent nature or any physicalchange which would result in a change in actualemissions. Such activities include, but are not limitedto, installation of building supports and foundations,laying of underground pipework, construction of



permanent storage facilities, fabrication, erection,installation, demolition, or modification of anemissions unit. Construction shall also include anychange in the method of operation of non-siteactivities which would result in a change in actualemissions, other than preparatory activities whichmark the initiation of the change.

(x) Criteria Pollutants shall mean those regulatedpollutants which include the following:

(1) Sulfur dioxide

(2) Total suspended particulates

(3) Carbon monoxide

(4) Nitrogen oxides

(5) Ozone (volatile organic compounds)

(6) Lead

(y) Director shall mean the Director of Commerce orhis designee.

(z) Emissions Unit means any part of a stationarysource which emits or would have the potential toemit any pollutant subject to regulation under theseStandards and Regulations.

(aa) Excess Emission shall mean an emission ratewhich exceeds any applicable emission limitationprescribed by Chapters 2, 3, 7, 9, 10, 11, and 13 of theseStandards and Regulations.

(bb) Existing Source shall mean those point andcomplex sources which emit air contaminants fromequipment, machines, devices, articles, contrivances orfacilities which are in existence on the effective date ofthese Standards and Regulations; except any point andcomplex source or their existing equipment, machines,devices, articles, contrivances or facilities which aremodified after the effective date of these Standardsand Regulations.



(cc) Facility shall mean an identifiable piece ofprocess equipment and all associated equipment.

(dd) Federal Land Manager means with respect toany lands in the Territory of Guam, the Secretary ofthe Federal department with authority over suchlands.

(ee) Federally Enforceable shall mean all limitationsand conditions which are enforceable by theAdministrator of the U.S. Environmental ProtectionAgency, including those requirements developedpursuant to 40 CFR Parts 60 and 61, requirementswithin any applicable State Implementation Plan, andany permit requirements established pursuant to 40CFR 52.21 or under regulations approved pursuant tothese Standards Regulations, 40 CFR 51.18, or 51.24.

(ff) Fuel-Burning Equipment shall mean any furnace,boiler, apparatus, stack, and all appurtenances thereto,used in the process of burning fuel for the primarypurpose of producing heat or power by indirect heattransfer.

(gg) Fugitive Dust shall mean air-borne particulatematter emitted from any source other than a flue orstack.

(hh) Fugitive Emissions shall mean those emissionswhich could not reasonably be vented to theatmosphere through a stack or other functionallyequivalent opening.

(ii) Garbage shall mean animal and vegetable mattersuch as that originating in homes, restaurants, andfood service and processing establishments.

(jj) Heavy Duty Vehicle means any motor vehicledesigned primarily for transportation of property andrated at more than 6000 pounds gross vehicle weightor design primarily for transportation of persons andhaving a capacity of more than 12 persons.

(kk) Label means a plastic or metal label welded,riveted, or otherwise permanently attached by themanufacturer in a readily visible position in the engine



compartment stating in the English language "ThisVehicle Conforms to U.S.E.P.A. RegulationsApplicable to 1974 Model Year New Motor Vehicle."

(ll) Light Duty Motor Vehicle means any motorvehicle primarily for transportation of property andrated at less than 6000 pounds gross vehicle weight ordesigned primarily for transportation of persons andhaving a capacity of less than 12 persons.

(mm) Lowest Achievable Emission Rate (LAER) shallmean an emission limitation based on the maximumreduction of a pollutant subject to these Standards andRegulations which the Administrator, consistent withthe requirements of the Guam Air Pollution ControlAct as amended, determines is achievable for a majorsource, or major modification. If, due to technologicalor economic limitations on the application ofmeasurement methodology, no emission limit isfeasible, the application of LAER can requirecompliance with design, equipment work practice oroperational standards or any combination thereof.Permits issued without an enforceable numericalemission standard shall contain conditions whichassure that the design characteristics or equipmentwill be properly maintained, so as to achieve theassumed degree of control. In no event shallapplication of LAER result in emissions of anypollutant from a proposed new or modified stationarysource which will exceed the emissions allowed by themost stringent of the following:

(1) New source performance standards, or

(2) The most stringent emissions limitationcontained in a State Implementation Plan adoptedpursuant to Section 110 of the Clean Air Act for suchclass or category of sources, unless such limitation isdemonstrated to be unachievable, or

(3) The most stringent emission limitation achievedin practice by such class or category of source. Thislimitation, when applied to a modification, means thelowest achievable emissions rate for the new ormodified emissions units within the stationary source.



For purposes of this definition sources shall beconsidered to be in the same class or category if it isfeasible to transfer the pollution-control technologyrequired to achieve a particular emission limitationfrom one type of source to another.

(nn) Major Modification shall mean any physicalchange in, or change in the method of operation of amajor source that would result in a significant netemissions increase of any pollutant subject toregulation under the Act.

(1) A modification will not be considered major orsignificant if quantifiable fugitive emissions must beincluded in calculations to reach amounts which aresignificant, regardless of the geographical location ofthe modification and regardless of the geographicalarea affected by the modification's emissions, exceptfor modifications to the following sources:

(A) Fossil-fueled steam electric plants of morethan 250 million British Thermal Units per hourheat input;

(B) Coal cleaning plants (with thermaldryers);

(C) Kraft pulp mills;(D) Portland Cement Plants;(E) Primary zinc smelters;(F) Iron and steel mill plants;(G) Primary aluminum ore reduction plants;(H) Primary copper smelters;(I) Municipal incinerators capable of charging

more than 250 tons of refuse per day;(J) Hydrofluoric, sulfuric, and nitric acid

plants;(K) Petroleum refineries;(L) Lime plants;(M) Phosphate rock processing plants;(N) Coke oven batteries;(O) Sulfur recovery plants;(P) Carbon black plants (furnace process);(Q) Primary lead smelters;(R) Fuel conversion plants;(S) Sintering plants;(T) Secondary metal production plants;(U) Chemical process plants;(V) Fossil fuel boilers (or combinations



thereof) totalling more than 250 million Britishthermal units per hour heat input;

(W) Petroleum storage and transfer unitswith a total storage capacity exceeding 300,000barrels;

(X) Tacenite ore processing plants;(Y) Glass fiber processing plants;(Z) Charcoal production plants; and(AA) Any other source category which as of

August 7, 1980 is being regulated under Section111 of 112 of the Act.

(2) Any net emissions increase that is consideredsignificant for violatile organic compounds shall beconsidered significant for ozone.

(3) The following shall not be considered aphysical change or a change in method of operation,unless previously limited by enforceable permitconditions:

(A) Routine maintenance, repair andreplacement;

(B) An increase in the hours of operation or inthe production rate, unless such change isprohibited under any federally enforceable permitcondition which was established after December21, 1976;

(C) Use of an alternative fuel or raw materialby reason of any order in effect under Section 2(a)and (b) of the Energy Supply and EnvironmentalCoordination Act of 1974 (or any supersedinglegislation), or by reason of a natural gascurtailment plan in effect pursuant to the FederalPower Act;

(D) Use of an alternative fuel by reason of anorder or rule under Section 125 of the Act;

(E) Use of an alternative fuel or raw material,if prior to January 6, 1976 the service or facilitywas capable of accommodating such fuel ormaterial, subject to Federal permit conditionsestablished after December 21, 1976;



(F) Use of an alternative fuel at a steamgenerating unit to the extent that the fuel isgenerated from municipal solid waste;

(G) Change in ownership of the affectedstationary source or facility.

(oo) Major Source means a source which emits orhas the potential to emit 100 or 250 tons per year ormore of any pollutant regulated under the Actincluding fugitive emissions unless otherwisespecified.

(1) The one hundred (100) tons per year or morelimitation for any particular pollutant shall beapplicable regardless of geographical location of thesource and regardless of the geographical area affectedby the source's emissions of the pollutant, to thosesources listed in (nn)(1)(A) through (AA).

(2) The one hundred (100) tons per year or morelimitation for any particular pollutant shall beapplicable to sources locating in nonattainment areasand to sources impacting nonattainment areas exceptfor sources not listed in (nn)(1)(A) through (AA),fugitive emissions need not be included.

(3) The two hundred and fifty (250) ton per yearor more limitation for any such pollutant shall beapplicable to sources under all conditions notenumerated in Paragraph (1) above located inattainment areas.

(4) A source which emits or has the potential toemit five (5) tons or more of lead per year shall beconsidered to be a major source under this definition.The five (5) ton or more limitation for lead shall beapplicable regardless of geographical area affected bythe source's emissions of the pollutant.

(5) The one hundred (100) tons per year or morelimitation for any particular pollutant shall beapplicable to any physical changes that would occur ata source not otherwise qualifying under Paragraph (1),(2) or (3) as a major source if the change wouldconstitute a 100 tons per year major source by itself.



(6) A major source that is major for volatileorganic compounds shall be considered for zone.

(pp) Malfunction shall mean any sudden andunavoidable failure of air pollution control equipmentor process equipment, or a process, or a unit operationto operate a normal and usual manner. Failures thatare caused entirely or in part by poor maintenance,careless operation, or any preventable upset conditionor preventable equipment breakdown shall not beconsidered malfunctions.

(qq) Mobile Source shall mean any vehicular aircontaminant source, including but not limited toautomobiles, trucks, buses, other motor vehicles,aircraft, ships, boats and other waterborne craft, butnot including any source mounted on a vehiclewhether such mounting is permanent or temporary,which source is not used to supply power.

(rr) Model Year means the manufacturer's annualproduction period which include January 1 of suchcalendar year provided, that if the manufacturer hasno annual production period, the term "model year"shall mean the calendar year.

(ss) Modification shall mean any physical changein, or change in method of operation of a source thatwould result in emissions increase of any pollutant orwould result in the emission of any air pollutant notpreviously emitted, including the installation,alteration or deletion of air pollution control devices,except that the following shall not be considered aphysical change or a change in method of operation.

(1) Routine maintenance, repair, and replacement;

(2) Change in ownership of the affected stationarysource or facility.

(tt) Motor Vehicle means a self propelled vehiclecapable of transporting a person or persons of anymaterial or any permanently or temporarily affixedapparatus.

(uu) Motor Vehicle Engine means petroleum



powered engines to provide power to motor vehicles.

(vv) Multiple-Chamber Incinerator shall mean anyarticle, machine, equipment, contrivance, structure orpart of a structure, used to dispose of combustiblerefuse by burning and consisting of three or morerefractory lined combustion furnaces in series whichare physically separated by refractory walls and inter-connected by gas passage ports or ducts andemploying adequate design parameters necessary formaximum combustion of the material to be burned.

(ww) Net Emissions Increase shall mean theamount by which the sum of any increase in actualemissions from a physical change or change inoperation and any other increases or decreases inactual emissions at the source that arecontemporaneous with the major modification areotherwise creditable.

(1) An increase or decrease in actual emissions iscontemporaneous with the increase from the majormodification only if it occurs within five (5) yearsbefore the date that the increase from the particularchange occurs.

(2) An increase or decrease in actual emissions iscreditable only if it has not been included as acondition under an operating permit for the sourceunder applicable regulations, which the permit is ineffect when the increase in actual emissions occurs.

(3) An increase in actual emissions is creditableonly to the extent that the new level of actualemissions exceeds the old level.

(4) A decrease in actual emissions from astationary source is creditable only to the extent that:

(A) The old level of actual emissions or theold level of allowable emissions, whichever islower, exceeds the new level of actual emissions;

(B) It has approximately the same qualitativesignificance for public health and welfare as thatattributed to the increase from the change; and



(C) It is enforceable by the Agency andfederally enforceable at and after the time thatactual construction on the particular changebegins.

(5) An increase that results from a physical changeat a source occurs when the emission unit on whichconstruction occurred becomes operational and beginsto emit a particular pollutant. Any replacement unitthat requires shakedown becomes operational onlyafter a reasonable shakedown period, not to exceedone hundred eighty (180) days.

(xx) New Motor Vehicle shall mean any self-propelled vehicle manufactured on the currentcalendar or model year to be used on public roads andhighways for the purpose of transportation orconveyance of material.

(yy) New Motor Vehicle Engines shall mean enginesmanufactured on the current calendar or model yearto be used for providing power to motor vehicles.

(zz) New Source shall mean those point andcomplex sources including their equipment, machines,devices, articles, contrivances, or facilities built orinstalled or for which a binding agreement toconstruct or modify is entered into after the date onwhich these amended Standards and Regulations arepromulgated and any point or complex source movedto another premise involving a change of address, orwhich is purchased and is to be operated by a newowner, or which is to be operated by a new lessee afterthe effective date of these regulations.

(aaa) Non Chassis Mounted Engine shall mean anymotor vehicle engine not manufactured for thepurpose of mounting on a motor vehicle chassis.

(bbb) Non-Criteria Pollutants shall mean thoseregulated pollutants under the Act which include thefollowing:

(1) Asbestos

(2) Beryllium



(3) Mercury

(4) Vinyl chloride

(5) Fluorides

(6) Sulfuric acid mist

(7) Total reduced sulfur (including H2S)

(8) Reduced sulfur compounds (including H2S)

(9) Hydrogen sulfide.

(ccc) Nuisance shall mean anything which isdangerous to life, injurious to health, or renders soil,air, water or food impure or unwholesome.

(ddd) Odor shall mean those qualities of matterwhich make it perceptible to the olfactory senses ofman.

(eee) Opacity shall mean a state which rendersmaterial partially or wholly impervious to rays of lightand causes obstruction of an observer's view.

(fff) Owner or Operator shall mean any person whoowns, leases, operates, controls, or supervises anaffected facility, article, machine, equipment, or othersource of air contaminant. With sources where abinding agreement to construct or modify is enteredinto, the contractor is also liable for violation of theseregulations during construction of the facility.

(ggg) Open Burning shall mean the burning of anymatter in such a manner that the products ofcombustion resulting from the burning are emitteddirectly into the ambient air without passing througha stack, duct, or chimney determined to be adequateby the Administrator.

(hhh) Particulate Matter shall mean any material,except water in uncombined form, that is or hasbecome airborne and exists as a liquid or a solid atstandard conditions.



(iii) Permit to Construct shall mean those pre-construction permits or approvals required underFederal Air Quality Control Laws and these Standardsand Regulations.

(jjj) Person means any natural person, partnershipor unincorporated association of natural persons,trusts, corporations or other types of private legalentities and public entities including the United Statesof America and the Government of Guam and anyagency thereof.

(kkk) Point Source shall mean any source whichemits air contaminants through a stack of chimney orfrom processing, handling, or storage of materials.

(lll) Potential to Emit shall mean the maximumcapacity of a stationary source to emit a pollutantunder its physical and operation design. Anylimitation on the physical or operational capacity ofthe source to emit a pollutant, including air pollutioncontrol equipment and restrictions on hours ofoperation or on the type of amount of materialcombusted, stored, or processed, shall be treated aspart of the design only if the limitation or the effect itwould have on emissions is federally enforceable.Secondary emissions do not count in determining thepotential to emit of a stationary source.

(mmm) Process Industries shall mean industrieswhich involve physical and chemical changes of thematerial as it passes through the different processunits or operation stages, as a result of which aircontaminants may be emitted to the atmosphere.Process industries include but are not limited to rockprocessing industries, feed mills, petroleum refining,Portland cement plants, concrete batching plant,asphaltic concrete batching plants, and concrete blockplants.

(nnn) Refuse shall mean any combustible wastematerial, trade waste, or garbage containing carbon ina free or combined state.

(ooo) Ringelmann Chart shall mean the chart,published and described in the U.S. Bureau of Mines



information Circular 8333.

(ppp) Road shall mean any public or private accessor easement used for motor vehicle travel.

(qqq) Seal shall mean to protect a surface so that itis secure from erosion.

(rrr) Secondary Emissions shall mean theseemissions which occur as a result of construction oroperation of a major source or major modification, butare not emitted by the major source or majormodification. Secondary emissions must be specific,well defined, quantifiable, and impact the samegeneral areas the stationary source or modificationwhich causes the secondary emissions. Secondaryemissions may include, but are not limited to:

(1) Emissions from ships coming to the new ormodified stationary source; and

(2) Emissions from any offsite support facilitywhich would not otherwise be constructed or increaseits emissions as a result of construction or operation ofa major source of major modification.

(sss) Shutdown shall mean the cessation ofoperation of any stationary source, air pollutioncontrol equipment or process equipment for anypurpose, except routine phasing out of processequipment.

(ttt) Significant or Significance means, in referenceto a net emissions increase or the potential of a sourceto emit any of the following pollutants, a rate ofemissions that would equal or exceed any of thefollowing rates in:

(1) Non-attainment areas:

Pollutant and Emissions RateCarbon monoxide: 100 tons per year (TPY)Nitrogen oxides: 40 TPYSulfur dioxide: 40 TPYParticulate matter: 25 TPYOzone: 40 TPY of volatile

Organic compoundsLead: 0.6 TPY



(2) Attainment area:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (TPY)Nitrogen oxides: 40 TPYSulfur dioxide: 40 TPYParticulate matter: 25 TPYOzone: 40 TPY of volatile

organic compoundsLead: 0.6 TPYAsbestos: 0.007 PTYBeryllium: 0.0004 TPYMercury: 0.1 TPYVinyl Chloride: 1 TPYFluorides: 3 TPYSulfuric acid mist: 7 TPYTotal reduced sulfur (including H2S): 10 TPYHydrogen sulfide: 10 TPY

(3) Significant means, in reference to a netemissions increase or the potential of a source to emita pollutant in an attainment area, subject to regulationunder the Act that Paragraph (b) does not list theemission rate.

(uuu) Soiling Index shall mean a measure of thesoiling properties of suspended particles in airdetermined by drawing a measured volume of airthrough a known area of Whatman No. 4 filter paperfor a measured period of time, expressed asCOH's/1,000 linear feet. "COH" shall mean coefficientof haze, a unit of measurement of visibilityinterference.

(vvv) Source shall mean all pollutant emittingactivities of any building, structure, device or otherarticle (or combination thereof) which belong to thesame industrial grouping and are located on one ormore contiguous or adjacent properties, and which isowned or operated by the same person (or by personsunder common control). Pollutant emitting activitiesshall be considered as part of the same industrialgrouping if they belong to the same "Major Group"(i.e. which have the same two-digit code) as describedin the Standard Industrial Classification Manual, 1972,as amended by the 1977 Supplement.



(www) Stack or Chimney shall mean any flue,conduit, or duct arranged to conduct emissions.

(xxx) Standards and Regulations shall mean theGuam Air Pollution Control Standards andRegulations or applicable Federal Standards andRegulations.

(yyy) Start-Up shall mean the setting intooperation of any stationary source, air pollutioncontrol equipment or process equipment for anypurpose, except routine phasing in or processequipment.

(zzz) Stationary Source shall mean any building,structure, or facility which emits or may emit any airpollutant subject to regulation under the Act. Astationary source may contain one or more facilities.

(aaaa) Unclassified Area shall mean an area whichthe Administrator of the United States EnvironmentalProtection Agency, because of a lack of adequate data,is unable to classify as an attainment or non-attainment area for a specific pollutant. For thepurposes of this Chapter, unclassified areas are to betreated as attainment areas.

§1102 Ambient Air Quality Standards. (a) Thefollowing air quality standards are the desirable levelsof ambient air quality for the Territory of Guam. Basedon present knowledge, these levels are not expected toproduce health hazards or impairment, injury toagricultural crops and livestock, damage to ordeterioration of property, and hazards to air andground transportation, or in any manner, interferewith the protection of the public welfare.

(b) Ambient Air Quality Standards*

______________________________________________________________

Pollutant Level Not To Exceed ****Remarks

______________________________________________________________



Sulfur Oxides 60 micrograms/mn (0.02 ppm) a**24.35 micrograms/mn (0.12 ppm) b1,300 micrograms/mn (0.5 ppm) e 650 micrograms/mn (0.25 ppm) g

Particulate Matter 6 0micrograms/mn c

150 micrograms/mn b***24.30 micrograms/mn d

Carbon Monoxide 1 0milligrams/mn (9 ppm) d

40 milligrams/mn (35 ppm) e

Photochemical Oxidants 160 micrograms/mn (0.08 ppm) e

Hydrocarbons 1 6 0micrograms/mn (0.24 ppm) f

Nitrogen Oxides 1 6 0micrograms/mn (0.05 ppm) a_____________________________________________________________

*These Standards are the same as the existing National SecondaryAmbient Air Quality Standards except as otherwise noted.

**National Primary Standard

***Extrapolated Standard from 150 ug/mn (b)

****REMARKS_______a. Annual arithmetic meanb. Maximum 24-hour concentration not to be exceeded more

than once a year. c. Annual geometric mean. d. Maximum 8-hour concentration not to be exceeded more

than once a year. e. Maximum 1-hour concentration not to be exceeded more

than once a year. f. Maximum 3-hour concentration not to be exceeded more

than once a year. g. Maximum 4-hour concentration not to be exceeded more

than once a year.

(c) All measurements of air quality are correctedto a reference temperature of 25_C and to a referencepressure of 760 millimeters of mercury (1,013.2millibar).

(d) The promulgation of these ambient air qualitystandards shall not be considered in any manner toallow significant deterioration of existing air quality inany portion of the Territory of Guam.



(e) Attainment Areas; Classification andStandards.

(1) Designation and classification of attainmentareas.

(A) All attainment areas or parts thereof shallbe classified as either Class I, Class II or Class III.

(B) A national park or national wildernessarea established after August 7, 1977, whichexceeds 10,000 acres in size may be designated asClass I or Class II.

(C) All other areas shall be Class II areasunless redesignated under Paragraphs (D) or (E).

(D) The Board may redesignate areas that areClass I or Class II, provided that:

(i) At least one public hearing is held inor near the area affected;

(ii) Federal Land Managers, where landmay be affected by the proposedredesignation are notified at least thirty (30)days prior to the public hearing;

(iii) A discussion of the reasons for theproposed redesignation including adescription and analysis of health,environmental, economic, social and energyeffects of the proposed redesignation isprepared by the Administrator or hisdesignee and is available for public inspectionat least thirty (30) days prior to the hearingand Notice announcing the hearing containsappropriate notification of the availability ofsuch discussion;

(iv) In redesignating any area under thisSection, with respect to which any FederalLand Manager is submitted writtencomments and recommendations, theAdministrator or his designee shall publish alist of any inconsistency between such



redesignation and such recommendations,together with the reasons for making suchredesignation against the recommendation ofthe Federal land Manager;

(v) The proposed redesignation is basedon the record which must reflect the basis forthe proposed redesignation, including in thearea the social, environmental health, energyand economic effects and testimonysubmitted at the public hearing;

(vi) The Agency has consulted with theelected leadership of local municipalities inthe area covered by the proposedredesignation.

(E) The Board may redesignate Class III areas,if:

(i) Such redesignation meets therequirements of Paragraph (D) of this Section;

(ii) Such redesignation has beenapproved after consultation with theappropriate committee of the Legislature;

(iii) Such redesignation will not cause orcontribute to concentrations of any airpollutant which exceeds any maximumallowable increase or maximum allowableconcentration permitted under theclassification of any area;

(2) Limitation of pollutants in classifiedattainment areas.

(A) Areas designated as Class I, II, or III shallbe limited to the following increases in airpollutant concentrations occurring over thebaseline concentration, provided that for anyperiod other than the annual period the applicablemaximum allowable increase may be exceededonly once per year at any one location.



CLASS I

Maximum Allowable Increase(Micrograms per cubic

meter)Particulate Matter:

Annual geometric mean 524-hour maximum

10

Sulfur Dioxide:Annual arithmetic mean 224-hour maximum

53-hour maximum

25

CLASS IIParticulate Matter:


37

Sulfur Dioxide: Annual arithmetic mean 2024-hour maximum

913-hour maximum

512

CLASS IIIParticulate Matter:


75

Sulfur Dioxide:Annual arithmetic mean 4024-hour maximum

1823-hour maximum

700

(B) The maximum allowable concentration ofany air pollutant in any area to which thepreceding paragraph applies shall not exceed aconcentration permitted under Standards andRegulations contained in this Chapter.



(C) The following concentrations shall not beconsidered for purposes of determiningcompliance with the maximum allowableincreases in ambient concentrations of pollutants:

(i) Concentrations attributable to theincrease of emissions from stationary sourceswhich have converted from the use ofpetroleum products, natural gas, or both byreason of an order in effect under Section 2(a)and (b) of the Energy Supply andEnvironmental Coordination Act of 1974 (orany superseding legislation) over theemissions of such sources before the effectivedate of such an order;

(ii) Concentrations of particulate matterattributable to the increase in emissions fromconstruction or other temporary emissionrelated activities of new or modified sources;

(iii) Concentrations attributable to thetemporary increase in emissions of sulfurdioxide or particulate matter from stationarysources which are affected by approved planrevisions.

(D) No exception taken with respect to asource under Paragraph (C)(i) shall apply morethan (5) years after the effective date of the orderreferred to.

(E) No exception taken with respect to asource under Paragraph (C)(iii) shall apply morethan two years after the effective date of theapproved plan revision nor shall such exceptionbe renewable.

(F) For the purposes of this Section, "BaselineConcentration" means, with respect to a particularpollutant, the ambient concentration levels of thatpollutant which exist in the baseline area at thetime of the first application for a Permit toConstruct issued pursuant to §1106 in anattainment area, based on Territorial air qualitydata and on such monitoring data as the permit



applicant is required to submit. A baselineconcentration is determined for each pollutant forwhich a baseline date has already been establishedand shall include the actual emissionsrepresentative of sources in existence on theapplicable baseline date.

(G) Emissions of sulfur dioxide andparticulate matter from any major source or as theresult of any major modification on whichconstruction commenced after January 6, 1975shall not be included in the baseline and shall becounted against the maximum allowable increasesin pollutant concentration established under thisSection.

§1103. Permit To Construct. (a) The construction,installation, modification of any stationary source ofair pollution shall be prohibited by any person unlesssuch person first obtains a Permit to Construct fromthe Administrator as to the location and design of suchstationary source to comply with applicableregulations and ambient air quality standards.

(b) With respect to new major sources to beconstructed or existing sources to undergo majormodification:

(1) The requirements of §1104 through §1106 and§1108 shall apply in nonattainment areas with respectto criteria pollutants which a new source has thepotential to emit in major amounts, or which themodification increases, in an amount exceeding theapplicable significance level of that pollutant(s) forwhich the area is designated as non-attainment.

(2) The requirements of §1107 through §1108 shallapply in attainment areas with respect to all criteriaand non-criteria and pollutants which a new sourcehas the potential to emit in major amounts, or whichthe modification increases, in an amount exceeding theapplicable significance level when a new source ormodification is major for any pollutant(s) for which thearea is designated as attainment.

(c) No Permit to Construct shall be issued to a



person unless that person can demonstrate to theAdministrator that:

(1) The information submitted within theapplication for a Permit to Construct shows that thesource described in the application can meet therequirements of §1112(a) or (b) (Standards ofApproval, Conditional Approval or Denial of PermitApplications);

(2) The person complied with all applicableprovisions of §1104 through §1108; and

(3) The source will not exceed the applicablestandards for hazardous air pollutants.

(d) The application for a Permit to Construct shallbe made on forms prescribed by the Administratorand shall be signed by the applicant. An applicationshall contain, at a minimum, the information requiredunder §1111 (Permit Applications). In addition, theapplication shall contain such information or data as isnecessary to demonstrate compliance with Paragraph(c) of this Section.

(e) The requirements of §1106 and §1107 shall notapply with respect to any pollutant if the personproposing to commence construction of a new majorsource or a major modification to a source candemonstrate to the Administrator that no net increasein emission of such pollutants would occur at thesource, taking into account all emission increases anddecreases at the source which would accompany theconstruction or major modification.

(f) The air impact analysis required to beconducted in connection with filing for a Permit toConstruct shall initially consider a geographical areaof sufficient radius as determined by theAdministrator from the new major source's or majormodification's point of greatest emissions. TheAdministrator shall have the right at anytime torequest an enlargement of the geographical area forwhich an air quality impact analysis is to beperformed by giving the person applying for thePermit to Construct written Notice thereof, specifying



the enlarged radius to be considered.

(g) The Administrator may require the applicantto provide additional information or to provide andmaintain such facilities or perform such air impactmodeling procedures as are necessary to secureinformation that will disclose the nature, extent,quantity or effects of air contaminants discharged intothe atmosphere from the major source or facilitydescribed in the application.

(h) A Permit to Construct shall remain in effectuntil the Operating Permit for a stationary source isgranted; the Operating Permit for a source is amendedto reflect the installation of air pollution controlequipment; or the Permit to Construct is cancelled.

§1104. Permit To Construct In Non-AttainmentAreas. (a) Except as provided in Paragraphs (c) and (d)within this Section, no Permit to Construct shall beissued to a person proposing to construct a new majorsource or make a major modification to a sourcelocated in any nonattainment area for the pollutant(s)for which the source is classified as a major source orthe modification is classified as a major modification ifthe stationary source or modification would locateanywhere in the designated nonattainment area,unless:

(1) The person demonstrates that the new majorsource or the major modification will meet an emissionlimitation which is the lowest emission rate (LAER) forthat source or facility for that specific pollutant(s).

(2) The person certifies that all existing majorsources owned or operated by that person (or anyentity controlling, controlled by, or under commoncontrol with such person) in the Territory are incompliance with all conditions contained in operatingor conditional permits of each of the sources.

(3) The person demonstrates that emissionsreductions for the specific pollutant(s) from existingsources in the allowable offset area of the new majorsource or major modification (whether or not underthe same ownership) meet the offset requirementsunder §1105 (OFFSET STANDARDS).



(4) The person demonstrates that emissions willnot cause concentrations for a specific pollutant toexceed the applicable increase over baselineconcentration established in §1102(e) in any attainmentarea.

(b) No Permit to Construct shall be issued to aperson proposing to construct a new major source forvolatile organic compounds or carbon monoxide (orboth) or make a major modification for volatile organiccompounds or carbon monoxide (or both) to a sourcelocated within a non-attainment area forphotochemical oxidants or carbon monoxide (or both),unless:

(1) The person performs an analysis of alternativesites, sizes, production processes and environmentalcontrol techniques for such new major source or majormodification; and

(2) The Administrator determines that the analysisdemonstrates that the benefits of the new major sourceor major modification outweigh the environmentaland social costs imposed as a result of its location,construction or modification.

(c) The requirements of (a)(3) above shall notapply to emissions of a specified pollutant if theperson applying for a Permit to Construct under thisSection can demonstrate that the pollutant emissionsfrom the new major source or major modification aretemporary in nature, including but not limited to thosefrom a pilot plant, a portable facility or construction,and Notice is given to the Administrator at least ten(10) days prior to relocation of such new major sourceor major modification identifying the proposed newlocation and the probable duration of operation atsuch location.

(d) New resource recovery projects burningmunicipal solid waste and sources compelled toundergo a major modification by Federal law shall beexempt from the requirements of Paragraph (a)(3), ifsuch source can demonstrate that:

(1) It made the best efforts to meet the



requirements of Paragraph (a)(3), and such effortswere unsuccessful;

(2) All available emission offsets have been or willbe secured; and

(3) It will continue to seek offsets and apply themwhen they become available.

§1105. Offset Standards. (a) Increased emissionsby a new major source or a major modification subjectto this Section must be offset by the reductions in theemissions of each pollutant for which the area hasbeen designated as nonattainment and for which thesource is classified as a major source or themodification of the source is classified as a majormodification. Such offset may be obtained byreductions in emissions from the major source(including but not limited to non-major stationarysources, mobile sources, non-point sources and majorsources) in the allowable offset area. The offsets mustbe in effect and legally enforceable by the time thenew source or modification will commence operation.

(b) An offset will not be sufficient unless totalemissions for the particular pollutant for which theoffset is required in the allowable offset area after thenew major source of major modification commencesoperation will be less than the baseline of the totalemissions for that pollutant and such reductions aresufficient to satisfy the Administrator that emissionsfrom the new major source or major modificationtogether with the offset will result in reasonablefurther progress for that pollutant in the allowableoffset area.

(1) Only emission offsets for the same specificpollutant will be allowed (e.g. Sulfur Dioxide increasemay not be offset against Total Suspended Particulatereductions.)

(2) The emissions offsets must be effective for theuseful life of the new or modified facility.

(c) For purposes of this Section, "reasonablefurther progress" shall mean annual emissions



increment reduction of the applicable air pollutantwhich are sufficient in the judgment of theAdministrator for attainment of the applicable airquality standards by the date required under Section172 of the Act. Reasonable further progress is basedupon the actual emissions of sources located withinthe designated nonattainment area and shall bedeemed to have occurred when the construction of anew major source or major modification together withthe offset will result in a net air quality benefit.

(1) For the purposes of this Section, "net air qualitybenefit" shall mean that during similar time periods:

(i) A reduction in the number of violations ofthe applicable ambient air quality standard withinthe allowable offset areas has occurred, or

(ii) The average of ambient concentrationswithin the allowable offset area followingimplementation of the offsets will be less than theaverage of the ambient concentration within theallowable offset area without the offsets.

(d) Baseline further defined:

(1) For the purpose of this Section, the baseline oftotal emissions from sources in existence or sourceswhich have obtained a Permit to Construction(regardless of whether or not such sources are in actualoperation at the time that the Permit to Construct isfiled) will be the regulatory emissions limitations ineffect when the completed application is filed as wellas all emission limitations included as conditions onpermits (or if no emissions limitations are applicable toa source seeking offsets, then the actual or expectedemissions).

(2) Where emission limitations for a particularpollutant allow greater emissions than the potentialemission rate of the source for that pollutant, thebaseline shall be the potential emission rate at the timethe permit application is filed.

(3) Where actual emissions for a particularpollutant are less than allowable emissions under the



state implementation plan or any federally enforceablepermit condition, the baseline shall be the actualemissions.

(e) For an existing fuel combustion source, offsetcredit shall be based on the allowable emissions inaccordance with the Standards and Regulations for thetype of fuel being burned at the time the application toconstruct is filed. Reduced emissions from an existingsource caused by a change to a cleaner fuel maybeused to offset emissions from the new major source ormajor modification provided the fuel change willoccur prior to start-up of the new major source ormajor modification. A permit issued pursuant to §1104shall require the installation and use of an alternativecontrol measure which will achieve the same degree ofemission reduction should the source switch back to aless clean fuel at some later date. In the event a sourcecan demonstrate that it has secured an adequate longterm supply of the new cleaner fuel, a permit issuedpursuant to §1104 shall not required the installationand use of an alternative control measure.

(f) Offsets shall be made on either pounds perhour, pounds per day, or tons per year basis,whichever is applicable, when all facilities involved inthe emission offset calculations are operating atmaximum expected or allowed production rate, exceptas otherwise provided in Paragraph (e), utilizing thetype of fuel burned at the time the permit applicationis filed.

(g) Offsets that exceed the requirements forreasonable further progress toward attainment may be"Banked" (saved to provide offsets for a source seekinga permit in the future). Likewise, an existing sourcethat reduces its own emissions may Bank anyresulting reductions beyond those required byregulations, even if prior to the date of application,whichever is earlier, and the proposed new source is areplacement for the shutdown or curtailment.

(h) A new major source of major modification maybe credited with an emission offset (which mayinclude “Banked“ emission reductions) by shuttingdown an existing source or permanently curtailingproduction or operating hours below actual baseline



levels provided that the work force to be affected hasbeen notified of the proposed shutdown orcurtailment. Source shutdowns and curtailments inproduction or operating hours occurring prior to thedate the new source application is filed may generallynot be used for offset credit unless the shutdown orcurtailed production occurred after August 7, 1977, orless than one year prior to the date of application,whichever is earlier, and the proposed new source is areplacement for the shutdown or curtailment.

(i) The allowable offset area shall refer to thegeographical area in which are located sources forwhich emissions are sought for purposes of offsettingemissions from new major sources at majormodifications. For the pollutants sulfur dioxide,particulates and carbon monoxide, the allowable offsetarea shall be any area where ambient air qualitystandards for these pollutants are violated and inwhich significance levels are exceeded due toemissions from such new major source or majormodification. The allowable offset area shall bedetermined by atmospheric simulation modeling. Ifemission offsets are obtained from a source on thesame premises or in the immediate vicinity of the newmajor source or major modification, and the pollutantsare emitted from substantially the same effective stackheight, atmospheric simulation modeling shall not berequired. The allowable offset area for all otherpollutants shall be nonattainment areas for thosepollutants.

(j) An emissions reduction may only be used tooffset emissions if the reduced level of emissions isfederally enforceable and legally enforceable by theAdministrator. It will be considered legallyenforceable by the Administrator if it is included as acondition in the operating permit issued to the sourcewhere emissions are used to offset emissions from thenew major source or major modification, or in the caseor reductions from sources controlled by the applicant,is included as a condition of the Permit to Construct,or is adopted as part of these Standards andRegulations.

(k) Credit for an emissions reduction can beclaimed to the extent that it has not been included as a



condition in an operating permit or in demonstratingattainment or reasonable further progress under thisChapter.

(l) An offset required by this Chapter may includereductions that result from Territorial or Federalmeasures to reduce emissions from sources inexistence in an amount sufficient to offset emissionsfrom a new major or source or major modification.

§1106. Permit To Construct In Attainment Areas.(a) Except as provided in Paragraphs (d) through (e)below, no Permit to Construct shall be issued to aperson proposing to construct a new major source ormake a major modification in any attainment area forthe pollutant(s) for which the sources is classified as amajor source or the modification is classified as amajor modification unless:

(1) The person demonstrates that the new majorsource or major modification will meet each applicableemissions limitation which is the Best AvailableControl Technology (BACT) for;

(A) Each pollutant having the potential to beemitted in significant amounts from the newmajor stationary source; or

(B) Each pollutant which would be asignificant net emissions increase from the majormodification of the source or each proposedemission unit as a result of a physical change orchange in the method of operation of the Unit.

(2) The person applying for the permit performsair impact analysis and monitoring as specified inSection 3.5 (Air Quality Impact Analysis andMonitoring Requirements) in an area affected by eachpollutant having the potential to be emitted in asignificant amount from a major source or eachpollutant which would be a significant net emissionsincreased from the major modification. Such analysismust demonstrate that allowable emission increasesfrom the proposed major source or major modification,in conjunction with all other application emissionincreases or reductions (including secondaryemissions):



(A) Would not exceed the applicable increaseover baseline concentration established in §1102for each attainment area; and

(B) Would not contribute to an increase inambient concentrations for each such pollutant inexcess of the significance level for such pollutantwhere ambient air quality standards are beingviolated.

(b) If the air impact analysis required by (a)(2)above demonstrates that the proposed new majorsource or major modification will cause an increase inambient concentrations for any pollutant in excess ofthe significance level for such pollutant in any area forthat pollutant specified in (a)(2)(ii) above, then theperson applying for a Permit to Construct under thisSection, and only if such person is not otherwiseexempted pursuant to §1104, must meet therequirements of §1104(a)(1) and (a)(2). The new majorsource or major modification shall also comply withthe offset requirements in §1104(a)(3) to the extentnecessary to reduce it emissions below the applicablesignificance level in the non-attainment area wherethese levels would otherwise be exceeded.

(c) The requirements of (a)(2) above shall onlyapply to emissions from an identifiable flume oremission point.

(d) The requirements of (a)(2) above shall notapply with respect to a particular pollutant if thatperson applying for a Permit to Construct from thisSection can demonstrate that:

(1) The increase in allowable emissions of thatpollutant would not significantly impact any Class Iarea and any area where an applicable Class incrementis known to be violated, or

(2) The emissions of the pollutant are from aportable stationary source which has previouslycompleted the requirements of Paragraph (a), if:

(A) The source proposed to relocate andemissions of the source at the new location would



be temporary;

(B) The emission of the source would notexceed its allowable emissions;

(C) The emissions from the source would notimpact any Class I and no area where anapplicable increment is known to be violated; and

(D) Reasonable notice is given not less thanten (10) days in advance of relocation of theportable stationary source.

(e) The requirements of (a)(2) above shall notapply to a proposed major source or majormodification with respect to monitoring if thepollutant emissions increase from the new majorsource or the net emissions increase of the pollutantfrom a modification would cause, in any area, airquality impacts less than the following amounts:

(1) Carbon monoxide-575 ug/mn, 8-hour average.

Nitrogen dioxide-14 ug/mn, annual average.Total suspended particulate-10 ug/mn, 24-

hour average.Sulfur dioxide-13 ug/mn, 24-hour averageOzone.Lead-0.1 ug/mn, 24-hour average.Mercury-0.25 ug/mn, 24-hour average.Beryllium-0.0005 ug/mn, 24-hour average.Fluorides-0.25 ug/mn, 24-hour average.Vinyl chloride-15 ug/mn, 24-hour average.Total reduced sulfur-10 ug/mn, 1-hour

average.Hydrogen sulfide-0.04 ug/mn, 1-hour

average.

(2) No air quality level is provided for ozone.However, any net increase of 100 tons per year ormore of volatile organic compounds is subject toambient air impact analysis including gather in ofambient air quality data.

(f) Special rules applicable to Federal LandManagers:



(1) Notwithstanding any other provision of thisSection, a Federal Land Manager may present to theAdministrator a demonstration that the emissionsattributed to such new major source or majormodification to a source in existence will havesignificant adverse impact on visibility or otherspecifically defined air quality related values of anyClass I area designated in §1102(e), regardless that thechange in air quality resulting from emissionsattributable to such new major source or majormodification to a source in existence will not cause orcontribute to concentrations which exceed themaximum allowable increases for Class I area. If theAdministrator concurs with such demonstrations, thepermit shall be denied.

(2) For the purposes of this Paragraph,"significant" means any emission rate or any netemissions increase associated with a major source ormajor modification which would construct within 10kilometers of a Class I area, and have an impact onsuch area equal to or greater than 1 g/mn (24-houraverage).

(3) If the owner or operator of a proposed newmajor source or a source in existence for which majormodification is proposed demonstrates to the FederalLand Manager that the emissions attributable to suchmajor source or major modification will have nosignificant adverse impact on the visibility or otherspecifically defined air quality related values of suchareas and the Federal Land Manager so certifies to theAdministrator, the Administrator may issue a permitnotwithstanding that the change in air qualityresulting from emissions attributable to such newmajor source or major modification will cause orcontribute to concentrations which exceed themaximum allowable increases for a Class I area. Such apermit shall require that such new major source ormajor modification comply with such emissionlimitations as may be necessary to assure thatemissions will not cause increases in ambientconcentrations greater than the following maximumallowable increases over baseline concentrations forsuch pollutants:

Maximum Allowable



Increase(Micrograms per cubic

meter)Particular matter:

Annual geometric mean-19

24-hour maximum37

Sulfur Dioxide:Annual arithmetic mean-

2024-hour maximum

913-hour maximum

325

§1107. Air Quality Impact Analysis AndMonitoring Requirements. (a) The air quality impactanalysis required by Section 3.4, shall include at thediscretion of the Administrator, any or all of thefollowing:

(1) A description of the nature, location, design,capacity and typical operating schedule of theproposed new major source or major modificationincluding specifications and drawings showing thedesign and plant layout.

(2) A schedule of construction of the new majorsource or major modification.

(3) A detailed description as to what system ofemission reduction is planned for the proposed newmajor source or major modification, emissionestimates, and any other information necessary todetermine that emission limitations will be met.

(4) An analysis of the impairment to visibility,soils, and vegetation that would occur as a result of theproposed new major source or major modification andgeneral commercial, residential, industrial and othergrowth associated with the major source ormodification.

(5) An analysis of air quality monitoring data as isnecessary to assess ambient air quality in an areaaffected by emission of any pollutant(s) for which noNational Ambient Air Quality Standard exists.



(6) An analysis of continuous air qualitymonitoring data for any pollutant for which the sourceis a new major source or the modification of the facilityis classified as a major modification and for which anambient air quality standard exists, except fornonmethane hydrocarbons. Such data shall relate to,and shall have been gathered over the year precedingreceipt of the complete application, unless the owneror operator demonstrates that such data gathered overa portion or portions of that year (not less than fourmonths) or another representative year would beadequate to determine that the new major source ormajor modification would not cause or contribute to aviolation of an air quality standard contained inChapter Two.

(7) The air quality impact of the proposed majorsource or major modification including meteorologicaland topographical data necessary to make suchestimates.

(8) Information on the air quality impacts ofgrowth associated with the proposed major sourcemajor modification as well as the nature and extent ofgeneral commercial, residential, industrial and othergrowth which has occurred in the area affected by thesource's emissions since August 7, 1977.

(b) The person applying for a Permit to Constructunder §1106 to which this Section applies, afterconstruction of the new major source or majormodification shall conduct such ambient air qualitymonitoring as the Administrator determines may benecessary to establish the effect which emissions of apollutant, for which a national ambient air qualitystandard exists, may have or is having on attainmentor maintenance of ambient air quality standards in anarea affected by such emission.

(c) Where a person is required to monitor underthis Section, the operation of monitoring stations shallmeet the requirements of Appendix B to Part 58 of 40CFR.

§1108. Reconstruction. (a) Upon reconstruction amajor source or facility located within a major sourcewhich, independent of all other facilities located at the



source, would itself be considered a major source for apollutant, becomes a new major source for thatpollutant and as such is subject to the requirements of§1103(b) of this Chapter.

(b) Reconstruction means the replacement ofcomponents of such existing facility to such an extentthat the fixed capital cost of the new componentsexceeds fifty (50%) of the fixed capital cost that wouldbe required to construct a comparable entirely newsource and all associated equipment.

(c) Fixed Capital Cost means the capital needed toprovided all the depreciable components.

(d) If an owner or operator of such existing facilityproposes to replace components, and the fixed capitalcost of the new components exceeds fifty percent(50%) of the fixed capital cost that would be requiredto construct a comparable entirely new facility, heshall notify the Administrator of the proposedreplacement. The notice must be submitted not lessthan sixty (60) days before construction of thecomponents is commenced and must include thefollowing information:

(1) Name and address of the owner or operator.

(2) The location of the existing facility.

(3) A brief description of the existing facility andthe components which are to be replaced.

(4) A description of the existing air pollutioncontrol equipment and the proposed air pollutioncontrol equipment.

(5) An estimate of the fixed capital cost of thereplacement and of constructing a comparable entirelynew facility.

(6) The estimated life of the existing facility afterthe replacements.

(7) A discussion of any economic or technicallimitations the facility may have in complying with the



applicable standards of performance after theproposed replacement.

(8) The extent to which the proposed replacementwould increase allowable emissions level of theexisting facility prior to the proposed replacement.

(e) The Administrator will determine, withinthirty (30) days of the receipt of the notice required byParagraph (d) of this Section and any additionalinformation he may reasonably require, whether theproposed replacement constitutes reconstruction.

(f) The Administrator's determination underParagraph (e) shall be based on:

(1) The fixed capital cost of the replacedcomponents in comparison to the fixed capital costthat would be required to construct a comparableentirely new facility and all associated equipment;

(2) The estimated life of the facility after thereplacement compared to the life of a comparableentirely new facility.

(3) The extent to which the components beingreplaced cause or contribute to the emissions from thefacility.

(g) In determining LAER for a reconstructed majorsource, economic or technical limitations oncompliance with applicable standards of performancewhich are inherent in the proposed replacements shallbe taken in assessing whether a new sourceperformance standards is applicable to such majorsource.

§1109. Permit To Operate. (a) Except as providedin this Section, no person shall cause or allow theoperation of any new stationary source without firstobtaining a Permit to Operate from the Administrator.Application shall be made to the Administrator atleast thirty (30) days prior to the anticipated date ofoperation. When a Permit to Construct is required tocommence construction or modification of a stationarysource, a Permit to Operate shall not be issued until



such time as the Permit to Construct has beenobtained.

(b) No person shall cause or allow the operation ofa new or existing stationary source if theAdministrator denies or revokes a Permit to Operatefor that stationary source.

(c) No Permit to Operate shall be issued to aperson unless that person can demonstrate to theAdministrator that:

(1) The information submitted within theapplication for a Permit to Operate shows that thesource described in the application can meet therequirements of Section 3.10(a) or (b) (Standards ofApproval, Conditional Approval or Denial of PermitApplications).

(2) The person apply for a Permit to Operatedemonstrates that a source or modification will notemit pollutants in excess of the applicable hazardousair pollutant standards.

(d) The Administrator may require the applicantto provide additional information or to provide andmaintain such ambient air monitoring facilities orambient air impact modeling as necessary to secureinformation that will disclose the effect emissions fromthe source will have on maintenance and attainment ofambient air quality standards. An item of equipmentnot covered by an operating permit may be operatedfor purpose of testing, including new sourceperformance testing, only if specific writtenpermission has been obtained from the Administratordesignating the dates of such operation for testing.

(e) The application for a Permit to Operate shall bemade on forms prescribed by the Administrator, andshall be signed by the applicant. An application shallcontain, at a minimum, the information requiredunder §1111 (Permit applications). In addition, theapplication shall contain such information or data asin necessary to demonstrate compliance withParagraph (c) of this Section.



(f) Each operating permit issued under theseStandards and Regulations shall include the followingprovisions:

(1) A description of the facility and equipmentcovered and its location, or for a portable source, thearea in which it may operate.

(2) The name and address of the owner oroperator of the stationary source.

(3) The date the Permit to Operate is issued andthe date it will expire.

(g) A Permit to Operate issued pursuant to thisSection shall be valid for five (5) years or such shorterperiods of time as the Administrator may specify inthe permit as is necessary to accomplish the purposeof the Standards and Regulations. Applications forrenewal of a Permit to Operate shall be submitted tothe Agency at least sixty (60) days prior to theexpiration of the permit.

§1110. Permit Exemptions. Permits to Constructand to Operate shall not be required for:

(a) The installation or alteration of an aircontaminant detector, air contaminant recorder,combustion controller or combustion shutoff.

(b) Air conditioning or ventilating systems notdesigned to remove air contaminants generated by orreleased from equipment.

(c) Fuel burning equipment, other thansmokehouse generators, which use gas as a fuel forspace heating, air conditioning or heating water; or isused in a private dwelling or has a BTU input of notmore than 350,000 BTU per hour or is used for spaceheating, other than boilers and hot air furnaces.

(d) Steam generators, steam superheaters, waterboilers, water heaters, and closed heat transfer systemsthat have a maximum gross heat input rate of less than25 million BTU per hour, and are fired exclusivelywith one of the following:



(1) Natural or synthetic gas

(2) Liquified petroleum gas

(3) A combination of natural, synthetic,and/or liquid petroleum gas.

(e) Mobile internal combustion engines.

(f) Laboratory equipment used exclusively forchemical or physical analyses.

(g) Other sources of minor significance specifiedby Administrator.

§1111. Permit Applications. (a) Application for aPermit to Construct or Permit to Operate shall bemade by the source owner, operator, or otherresponsible person on forms furnished by theAdministrator, and shall be accompanied by two (2)copies of complete plans, descriptions, specificationsand major drawings showing the design of the sourceor modification, stack data, the nature and amount ofemissions, and other detailed information necessary todetermine how the new source or existing source isdesigned and in what manner it will be operated andcontrolled. An application for renewal of a Permit toOperate shall be accompanied by plans, descriptions,specifications and drawings showing any changes inthe source's configuration from that which existed onthe date of issuance of the most recent operatingpermit.

(b) If the applicant is a partnership or group otherthan a corporation, the application shall be made byone individual who is a member of the group. If theapplicant is a corporation, the application shall bemade by an officer of the corporation. If the applicantis a political subdivision or governmental agency ofthis Territory, the application shall be made by itsAdministrator, Director, or other responsible person.

(c) A separate application is required for eachsource. To aid in evaluating the source, supplementalapplications may be required by the Administrator.



(d) Each application shall be signed by theapplicant. The signature of the applicant shallconstitute an agreement that the applicant will assumeresponsibility for the construction, modification,and/or use of the source concerned in accordancewith the Standards and Regulations.

(e) Each application shall include informationconcerning compliance with any conditions on anyprior permit.

(f) The Administrator may waive the submissionby the applicant of any of the data or informationrequired by this Section if he shall deem such data tobe inappropriate or unnecessary.

§1112. Standards For Approval, ConditionalApproval or Denial of Permit Applications. (a)Approval: The Administrator shall not approve anapplication for a Permit to Construct or for a Permit toOperate unless the applicant shows to the satisfactionof the Administrator that:

(1) The source is designed and built and will bemaintained and operated so as not to violate any of theapplicable regulations of this Chapter.

(2) The source is designed, built, equipped,operated and maintained in accordance with:

(A) the best available control technology for amajor source or major modification of a sourceunder §1106 of this Chapter and for all sources ormodifications to sources which are not major for apollutant(s), or

(B) The lowest achievable emission rate for amajor source or major modification of sourceunder §1103 of this Chapter.

(3) The source will not endanger the maintenanceor attainment of any applicable ambient air qualitystandard either through direct emissions or due toindirect emissions resulting from activity associatedwith the source.



(4) Adequate precautions will be taken to preventthe emission of fugitive dust and to prevent theviolation of any ambient air quality standard duringconstruction of the source.

(5) The source has been constructed or modifiedand will be operated and maintained in accordancewith the requirements and conditions contained in thePermit to Construct and the Permit to Operate.

(b) Conditional Approval. The Administratormay grant conditional approval to construct, modify,or operate if it appears likely from the informationsubmitted in the permit application that the sourcewill satisfy the requirements of §1112(a), but testing,inspection, or sampling is required to verify that therequirements of §1112(a) are met and/or maintained.To aid in this verification, the Administrator may:

(1) Require the source owner or operator toprovide such facilities as are necessary for samplingand testing to determine the air pollutants dischargedinto the atmosphere. These sampling and testingfacilities may consist of the following:

(A) Sampling ports of a size, number andlocation as specified by the Administrator.

(B) Safe access to each part.

(C) Instrumentation to monitor and recordemission data.

(D) Any other sampling and testing facilitiesspecified by the Administrator.

(2) Require performance testing as outlined in§1116.

(3) Make any necessary inspections, samples ortests.

(4) Specify conditions to be met which will bringthe operation of any source within the approvalrequirements.



(c) Denial.

(1) The Administrator shall deny an applicationfor a Permit to Construct or for a Permit to Operate ifthe information submitted shows that the sourcedescribed in the application cannot meet therequirements of §1112(a) or (b).

(2) The Administrator shall deny an applicationfor a Permit to Operate if the source has not beenconstructed or modified in accordance with theapproved application, plans, or other limitingconditions of the Permit to Construct.

§1113. Action On Permit Application. (a) Beforeacting upon an application for a Permit to Construct orfor a Permit to Operate, the Administrator mayrequire the applicant to provide additionalinformation, plans or specifications. Such notificationwill occur within 30 days of the date that theapplication is received the Administrator.

(b) The Administrator shall make available in atleast one location in the air quality control region inwhich a proposed major source, major modification orcomplex source would be constructed, a copy of allmaterials submitted with an application for a Permitto Construct, a copy of a preliminary determinationwhether the Permit should be approved ordisapproved or approved with conditions, a briefsummary of the basis for the preliminarydetermination, and, to the maximum extentpracticable, a copy or summary of all other materialsto be considered in making a final determination onthe application.

(c) The Administrator shall notify the public byadvertisement in a newspaper of general circulation ofthe application for a Permit to Construct a majorsource, major modification or complex source. Suchnotification shall include a summary of theapplication, the Administrator's preliminarydetermination, and a statement informing the publicof the opportunity for written comment and the timeframe, which shall not be less than thirty (30) days,within which comments are to be submitted. Allwritten comments submitted within the time specified



in the notice of public comment and all commentsreceived at any public hearings shall be considered inmaking a final decision on the approvability of theapplication. All comments shall be made available forpublic inspection at the location where the Agencymade available preconstruction information relating tothe proposed source or modification.

(d) A public hearing may be held on anyapplication for a Permit to Construct a major source,major modification, complex source, or any pointsource as deemed necessary by the Administrator. TheAdministrator shall forward a copy of all notices, allpublic comments, and the transcript of all hearings onmajor sources, major modifications, complex sourcesor other point sources to the Region IX Office of theUnited States Environmental Protection Agency.

(e) The Administrator shall act within ninety (90)days on an application for a Permit to Construct andwithin sixty (60) days on an application for permit toOperate and shall notify the applicant in writing of hisapproval, conditional approval or denial of theapplication. Should additional information, plans, orspecifications be requested, the ninety (90) or sixty (60)day limitation will begin on the latest date of receipt ofrequested data.

(f) Incomplete applications shall not be actedupon.

(g) If an application is conditionally approved ordenied, the Administrator set forth his reasons forconditional approval or denial in a written notice tothe applicant.

(h) The Administrator shall not further considerthe application unless the applicant has complied withthe objections or requirements specified by theAdministrator as his reasons for conditional approvalor denial of the permit application.

(i) The applicant may reapply if the facility isredesigned to attain compliance with the Standardsand Regulations.



(j) The applicant may request the Administrator toreconsider the application by submitting writtenevidence or information (in duplicate), within thirty(30) days of the conditional approval or denial of theapplication which shows the source will comply withthe Standards and regulations.

(k) The applicant may appeal the Administrator'sdecision to the Board of Directors of the Agencywithin thirty (30) days after the conditional approvalor denial of the permit application.

(l) If the Administrator issues to the applicant aconditional approval of the application commencingwork under a Permit to Construct or operating undera Permit to Operate shall be deemed acceptance by theapplicant of all conditions so specified.

(m) Any Permit to Construct or to Operate shallbe subject to revision in response to changes in theapplicable law, regulations, or other factors affectingthe compliance of the source or facility with thestandards or conditions of the original permit.

§1114. Permit Conditions. (a) A Permit toConstruct or Permit to Operate shall contain suchterms and conditions as the Administrator deemsnecessary to assure a source's compliance with therequirements of the Standards and Regulations andthe provisions of this Chapter. The Administrator mayinclude, but is not limited to, permit conditions whichrequire:

(1) Compliance with emission limitations.

(2) Compliance with design, equipment, workpractice or operation standards if emission limitationsare not feasible.

(3) Record keeping and reporting.

(4) Ambient air quality monitoring.

(5) Emissions monitoring.

(6) Notification to the Administrator of such



events as the commence of construction, initial startup, performance testing or malfunctions.

(7) Preventive maintenance of air pollution controlequipment.

(8) Maintenance and calibration of ambient airquality and emissions monitoring equipment.

§1115. Air Quality Models. (a) Where theAdministrator requires a person requesting a Permitto Construct or Permit to Operate under this Chapterto perform air quality impact modeling to obtain suchpermit, the modeling shall be performed in a mannerconsisted with the "Guideline on Air Quality Models"(hereinafter called the Guideline) issued by the UnitedStates Environmental Protection Agency in April 1978.

(b) Where the person requesting a Permit toConstruct or Permit to Operate can demonstrate thatan air quality impact model specified in the Guidelineis inappropriate, the model may be modified oranother model substituted. However, before suchmodification or substitution can occur, theAdministrator must make a written finding that:

(1) No model in the Guideline is appropriate for aparticular permit under consideration, or

(2) The data based required for the appropriatemodel in the Guideline is not available.

(3) A model proposed as a substitute ormodification is likely to produce results equal orsuperior to those obtained by models in the Guideline,and written approval has been obtained from theRegional Administrator of the U.S. EnvironmentalProtection Agency or his designee, and

(4) The modification has completed applicablepublic comment procedures of these Standards andRegulations.

§1116. Performance Testing. (a) The owner oroperator of a source or facility, if required by theAdministrator, shall conduct performance tests of the



source to determine compliance with applicableStandards and Regulations. Performance tests shall beconducted in accordance with test methods andprocedures approved by the Administrator and at theexpense of the owner or operator.

(b) Within sixty (60) days after a source or facilitysubject to the construction and operating permitrequirements under this Chapter has achieved itsmaximum capacity to operate on a sustained basis, butno later than one hundred eighty (180) days afterinitial start-up of such source of facility; the owner oroperator shall conduct performance test(s) and furnishthe Administrator a written report of the results of thetest(s) within thirty (30) days.

(c) Performance tests shall be conducted undersuch conditions as the Administrator shall specify tothe owner or operator based on representativeperformance of the source or facility. The owner oroperator shall make available to the Administratorsuch records as may be necessary to determine theconditions of the performance tests. Operations duringperiods of start-up, shutdown, and malfunction shallnot constitute representative conditions ofperformance tests unless otherwise specified by theAdministrator.

(d) The owner or operator of a permitted sourceshall provide the Administrator two (2) weeks priorNotice of the performance test to afford theAdministrator the opportunity to have an observerpresent.

(e) The owner or operator of a permitted sourceshall provide, or cause to be provided, performancetesting facilities as follows:

(1) Sampling ports adequate for test methodsapplicable to such facility.

(2) Safe sampling platform(s).

(3) Safe access to sampling platform(s).

(4) Utilities for sampling and testing equipment.



(f) Nothing in this section shall be interpreted asto prevent utilization of measurements from emissionsmonitoring devices or techniques not designated asperformance tests as evidence of compliance withapplicable good maintenance and operatingrequirements.

§1117. Revocation of Permits. (a) A Permit toConstruct shall be revoked if the construction ormodification is not begun within one (1) year of thedate of issuance, or if the work involved in theconstruction or modification is suspended for one (1)year or more after the date of issuance, unless theapplicant secures an extension of the expiration dateby written request to the Administrator stating thereasons for the extension. Extensions may be grantedin writing for a period of not more than six (6) months.

(b) The Administrator shall revoke a permit toConstruct if the construction or modification is not incompliance with the approved application, plans, orlimiting conditions of the permit.

(c) The Administrator shall revoke a Permit toOperate for willful or continued violation of theStandards and Regulations or permit conditions.

(d) Revocation of a Permit to Construct or of aPermit to Operate shall become final ten (10) daysafter service of Notice on the holder of the Permit.

(e) A Permit to Operate which has been revokedpursuant to these regulations shall be surrenderedforthwith to the Administrator.

§1118. Transfer of Permits. (a) A Permit toConstruct or a Permit to Operate shall not betransferable, whether by operation of the law orotherwise, either from one location to another, fromone piece of equipment to another, or from one personto another.

(b) This regulation shall not apply to mobile orportable machinery or equipment which is transferredfrom one location to another provided that the owneror operator of such equipment notifies the



Administrator in writing of the transfer at least ten(10) days in advance of such action.

§1119. Reporting Information. No owner oroperator shall cause or permit the operation of anysource without furnishing such performance testresults, information, and records as may be requiredby the Administrator in the applicable Standards andRegulations.

§1120. Responsibility of the Permit Holder. (a)Approval or conditional approval of a Permit toConstruct or Permit to Operate shall not relieve anyowner or operator of the responsibility to comply fullywith applicable provisions under the Standards andRegulations and any other requirements underterritorial or federal law.

(b) At such time that a particular source ormodification becomes a major stationary source ormajor modification solely by virtue of a relaxation inany enforceable limitation which was established afterAugust 7, 1980 on the capacity of the source ormodification otherwise to emit a pollutant, such as arestriction on hours of operation, then the applicablerequirements of §1104 through §1107 shall apply to thesource or modification as though construction had notyet commenced on the source or modification.

§1121. Reporting Discontinuance orDismantlement. It shall be required of that person towhich a Permit to Operate was issued to report to theAdministrator within thirty (30) days of thediscontinuance or dismantlement of that article,machine, equipment, or other contrivance for whichthe Permit to Operate has been issued. The Permit toOperate shall then be surrendered forthwith to theAdministrator.

§1122. Posting of Permits. Upon granting anapproval for a Permit to Construct or for a permit toOperate, the Administrator shall issue to the applicanta certificate referred to as a Permit to Construct or as aPermit to Operate which shall be posted in aconspicuous place at or near the article, machine,equipment or other contrivance for which the permitwas issued.



§1123. Falsifying or Altering Permits. o personshall deface, alter, forge, counterfeit, or falsify a Permitto Construct or Permit to Operate.

§1124.1. Same: Stationary Source EmissionReport Procedures. (a) The owner or operator of anystationary source shall, upon notification from theAdministrator, maintain records of the nature andamounts of emissions from such source and/or anyother information as may be deemed necessary by theAdministrator to determine whether such source is incompliance with applicable emissions limitations orother requirements.

(b) The information recorded shall be summarizedeach month and reported to the Administrator, onforms furnished by the Administrator, and shall besubmitted within fifteen (15) days after the end of themonth, except that the initial reporting period shallcommence on the date the Administrator issuesnotification of the record keeping requirements.

(c) Information recorded by the owner or operatorand copies of the summarizing reports submitted tothe Administrator shall be retained by the owner oroperator for two years after the date on which thepertinent report is submitted.

(d) Emission data obtained from owners oroperators of stationary sources will be correlated withapplicable emission limitations and otherrequirements and will be made available to the publicduring normal business hours at the Agency.

§1124.2. Same: Shutdown of Air PollutionControl Equipment for Maintenance. In the case ofshutdown of air pollution control equipment fornecessary scheduled maintenance, the intent toshutdown such equipment shall be reported to theAdministrator in writing at least twenty-four (24)hours prior to the planned shutdown. Such priornotice shall include, but is not limited to the following:

(a) Identification of the specific facility to be takenout of service as well as its location and permitnumber.



(b) The expected length of time that the airpollution control equipment will be out of service.

(c) The nature and quantity of emissions of aircontaminants likely to occur during the shutdownperiod.

(d) Measures such as the use of off-shift labor andequipment that will be taken to minimize the length ofthe shutdown period.

(e) The reasons that it would be impossible orimpractical to shutdown the source operation duringthe maintenance period.

§1124.3. Same: Breakdown of Air PollutionControl Equipment. In the event that any emissionsource, air pollution control equipment, or relatedfacility malfunctions, breaks down or will beshutdown in such a manner as to cause excessemission of air contaminants, it is in violation of theseregulations and subject to prosecution. In order toenable the Administrator to carry out his statutoryduties, the owner or operator of the stationary sourceis required to furnish the Agency with the followinginformation within ten (10) days: (1) identification ofemission points; (2) the magnitude of the excessemissions; (3) (3) the identify of the process or controlequipment causing excess emission; (4) the cause andnature of excess emissions; and (5) a description of thesteps taken by the owner or operator of the subjectstationary source to remedy the situation causing theemissions, present a recurrence and limit the excessemissions.

Nothing in the regulation relieves the source of itsobligation to attain and maintain the national ambientair quality standards nor precludes the Administratorfrom initiating any appropriate actions under Sections57106, 57107, and 57108 of the Guam Air PollutionControl Act (Public Law 10-74).

§1125. Sampling and Testing Methods. (a) Allsampling and testing shall be made and the resultscalculated in accordance with procedures approved bythe Administrator.



(b) The Administrator may conduct tests ofemission of air contaminants from any source. Uponrequest of the Administrator, the person responsiblefor the source to be tested shall provide assistance asnecessary, including personnel, holes in stacks orducts and such other safe and proper sampling andtesting facilities, exclusive of instruments and sensingdevices, as may be necessary for proper determinationof the emission of air contaminants.

(c) Ambient air quality sampling shall beconducted at the boundaries of a buffer zone. Theboundaries and dimensions of this buffer zone shall besubmitted by the owner or operator on an accurateplot plan of the property and approved by theAdministrator. The owner or operator of an existingstationary source must admit this information withforty-five (45) days of the effective date of theseStandards and Regulations.

§1126. Control of Open Burning. No person shalldispose of combustible refuse by open burning, orcause, suffer, allow, or permit open burning of refuseincluding grass, weeds, wire, twigs, branches,insulation, vehicle bodies and their contents, paper,garbage, tires, waste materials, tar products, rubberproducts, oil, and similar smoke producing materials,within the territorial limits of Guam. In areas where nopublic or commercial refuse collection service isavailable on the effective date of this regulation, openburning of refuse on residential premises, or refuseoriginating from dwelling units on premises, shall beallowed provided such burning does not violate anyexisting laws of the Territory of Guam, until suchrefuse collection becomes available.

§1126.1. Same: Exceptions. Exceptions herefrommay be allowed upon application and approval by theAdministrator provided the burning is not prohibitedby, or is conducted in compliance with, otherapplicable laws, ordinances and regulations. Exceptionto conduct open burning under the provision of thisregulation does not excuse a person from theconsequences, damages, or injuries which may resulttherefrom. The following are exceptions for whichapplication may be made:



(a) Fires purposely set for the purpose ofprevention of a fire hazard which cannot be abated byany other means.

(b) Fires set for instruction in the method offighting fires.

(c) Fires for ceremonial and recreational purposes.

(d) The burning of hydrocarbons which must bewasted through the use of atmospheric flares or openburning.

(e) Fires for prevention or control of disease orpests.

(f) Fires for the disposal of dangerous materials,where there is no alternative method of disposal.

(g) The burning of trees, brush, grass and othervegetable matter in clearing of land, right-of-waymaintenance operations and agricultural crop burningis permitted under the following conditions:

(1) The location of burning must not be within500 feet of an occupied residence other than thoselocated on the property on which the burning isconducted.

(2) The burning must not be conducted within500 feet of any highway or road, except thoseprivately owned and used, and in any event mustbe controlled so that a traffic hazard is not created.

(3) Oils, rubber or other similar materialwhich produce unreasonable amounts of aircontaminants may not be burned.

(4) The burning shall be performed between9:00 A.M. (standard time) and one hour beforesunset.

(5) Meteorological conditions within thevicinity of the burning will allow good and properdiffusion and dispersion of air pollutants.



(6) The piles of materials to be burned shall beof such size that the burning will be completedwithin the designated time given in §1126.1(g)(4).

(7) The moisture content and composition ofthe material to be burned shall be favorable togood burning which will minimize air pollution.

(8) The starter fuel and materials to be ignitedshall not emit excessive visible emissions whenburned.

§1126.2. Same: Barbecue Pits, Grills, Etc., Usedfor Preparation of Food. Nothing in this Section shallbe construed to prohibit or make unlawful theconstruction and use of barbecue pits, grills, oroutdoor fire places for the preparation of food forconsumption by individuals, nor shall any permitfrom the Administrator be required therefor.

§1127. Control of Particulate Emission: ProcessIndustries. (a) No person shall cause, suffer, allow, orpermit the emission of particulate matter in any onehour from any process industry in excess of theamount shown in Table I for the process weight rateallocated to such source.

(b) Process weight per hour is the total weight ofall materials introduced into any specific process thatmay cause any discharge of particulate matter. Solidfuel charges will be considered as part of the processweight; but liquid and gaseous fuels and combustionair will not. For a cyclical or batch operation, theprocess weight per hour will be derived by dividingthe total process weight by the number of hours in onecomplete operation from the beginning of any givenprocess to the completion thereof, excluding any timeduring which the equipment is idle. For a continuousoperation, the process weight per hour will be derivedby diving the process weight for a typical period oftime.

(c) Where the nature of any process or operationof the design of any equipment is such as to permitmore than one interpretation of this regulation, theinterpretation that results in the minimum value forallowable emission shall apply.



(d) For purposes of this Regulation, the totalprocess weight from all similar process units at a plantor premises shall be used for determining themaximum allowable emission of particulate matterthat passes through a stack or stacks.

TABLE I

PARTICULATE EMISSION ALLOWABLE BASED

ON PROCESS WEIGHT

Process Weight Emission RateRate (lbs./hr.) (lbs./hr.)

50 - - - - - - - - - -- - - - - - - - 0.36

100 - - - - - - - - -- - - - - - - - - 0.55

500 - - - - - - - - -- - - - - - - - 1.53

1,000 - - - - - - - - -- - - - - - - - - 2.25

5,000 - - - - - - - - -- - - - - - - - - 6.34

10,000 - - - - - - - - - - - - - - - - - - 9.73 20,000 - - - - - - - - - - - - - - - - - - 14.99 60,000 - - - - - - - - - - - - - - - - - - 29.60 80,000 - - - - - - - - - - - - - - - - - - 31.19120,000 - - - - - - - - - - - - - - - - - - 33.28160,000 - - - - - - - - - - - - - - - - - - 34.85200,000 - - - - - - - - - - - - - - - - - - 36.11400,000 - - - - - - - - - - - - - - - - - - 40.35

1,000,000 - - - - - - - - - - - - - - - - - - 46.72

Interpolation of the data in Table I for the processweight rates up to 60,000 lbs./hr. shall beaccomplished by the use of the equation:

E = 3.59 p0.62 P < 30 tons/hr.

and interpolation and extrapolation of the data for theprocess weight rates in excess of 60,000 lbs./hr. shallbe accomplished by use of the equation:

E = 17.31 p0.16 P > 30 tons/hr

Where: E = Emissions in pounds per hour.



P = Process weight rate in tons per hour.

(e) Fuel Burning Installations. No source shallcause, suffer, allow, or permit the emission ofparticulate matter resulting from the combustion offuel in excess of the quantify set forth in the followingtable:

Operating Rate in Million Maximum allowable emission ofBTU's per hour particulate in pounds per million

BTU's heat input 5 0.70 10 0.60100 0.35250 0.28500 0.24

1,000 0.21

(1) For heat input greater than 1 million BTU perhour but less than 1000 million BTU's per hour, theallowable emissions shall be calculated using thefollowing equation:

Y = 1.02x -0.231

X = Operating rate in million BTU's

per hour.

Y = Allowable rate of emission in

pounds per million BTU's.

§1128. Control of Fugitive Dust. (a) No personshall cause, suffer, allow, or permit the emission offugitive dust from any source, which violates theStandards and Regulations.

(b) No person shall cause or permit the dischargeof visible emissions beyond the lot line of theproperty, or the boundaries of the buffer zone ifapplicable, on which the emissions originate.

(c)(1) The Administrator may approve alternativecontrols other than those specified application bythe operator, and upon a determination of theadequacy of any such alternate controls.



(2) Applications shall describe the proposedalternate controls and demonstrate that applicableregulations and standards will not be violated.

(d) Processing, Handling, Transportation, andStorage:

(1) When dust noxious gas or vapor, odor or anycombination thereof escape from the processing,handling or storage of any material in a quantity as tocause a nuisance or to cause or contribute to aviolation of any applicable regulation or ambient airquality standard, the Administrator may order that thesource of these emissions be tightly enclosed and thatthe venting of such enclosure be controlled to theextent necessary to meet the Standards andRegulations. Alternate control measures submitted tothe Administrator, in compliance with such orders,shall comply with §1128(c)(1).

(2) All crushing, aggregate screening andconveying operations of material likely to becomeairborne shall be enclosed and the venting of suchenclosure shall be controlled to the extent necessary toprevent visible emissions or the violation of anyStandard or Regulation.

(3) Stockpiles of materials which are likely tobecome airborne shall be enclosed or the surface ofsuch stockpiles established through compacting,sprinkling with water, chemical, or asphalt sealing.

(4) All loads carried by motor vehicles shall beadjusted, secured, covered, contained or otherwisetreated so as to prevent loss or spillage of suchmaterial and/or the generation of airborne dust.

§1128.1. Same: Construction and SandblastingOperations. (a) All construction operations includingbut not limited to the clearing, grading or leveling ofland, earthmoving, excavation, demolition, or themovement of trucks or construction equipment overcleared land or temporary access or haul roads shallwater all vehicle travel areas or roads at the site fordust suppression a minimum of the beginning ofevery two (2) operating hours with a minimumwatering rate for each application of .5 gallons per



square yard, or by other equivalent methods approvedby the Administrator as needed to prevent visibleemissions or contribute to the violation of applicableStandards or Regulations.

(b) All sandblasting operations which can beconducted within an enclosed area shall be done soand the venting of such enclosure shall be controlledto the extent necessary to prevent visible emission asprohibited by these Standards and Regulations.

(c) All sandblasting which cannot be done withinan enclosure shall be conducted using wet sand.

§1128.2. Same: Grading and Clearing. (a) Use ofvegetation, including planting, mulch or selectiveretention of natural vegetation, as ground cover,providing windbreaks, sprinkling with water, andcovering or compacting the ground surface shall beused to prevent visible emissions or the violation ofany ambient air quality Standard or Regulation wheretopsoil has been disturbed during the clearing of land.

(b) No owner, operator, or lessee of any realproperty of the Territory of Guam shall allowdisturbed topsoil to remain undevel oped, unplanted,untreated, or otherwise uncovered for a periodexceeding two (2) months.

§1128.3. Same: Roads and parking Lots. (a) Allroads, road shoulders, and areas used for parkingspecified in this Section, shall be sealed andmaintained so as to prevent the exposure of suchsurfaces to wind, water or vehicular travel erosion:

(1) All public and private roads within theTerritory of Guam which average a vehicle load of onehundred and fifty (150) or more vehicle-trips per day.

(2) The road shoulders of all public and privateroads within the Territory of Guam which average avehicle load of one hundred and fifty (150) or morevehicle-trips per day.

(3) All areas used for parking exceeding twothousand (2,000) square feet.



(b) Earth and other erodible material which hasbeen deposited on a sealed vehicular travel surface bytrucking, earthmoving equipment, erosion, orlandslide shall be promptly removed.

§1128.4. Same: Compliance Schedule for SourcesNot in Compliance With Control of Fugitive Dustand Control of Dust in construction andSandblasting Operations. The following complianceschedule shall apply to those sources not incompliance with §1128(d)(1), (2); §1128.1(b), (c) ofthese amended regulations on the date they becomeeffective.

(a) No later than December 31, 1973 all necessarycontracts and/or purchase orders required to attaincompliance shall be awarded.

(b) No later than March 31, 1974 construction ofall facilities necessary for attaining compliance shall bestarted.

(c) No later than March 31, 1975 construction of allfacilities necessary for attaining compliance shall becompleted.

(d) No later than June 30, 1975 compliance withthe aforementioned Sections of these amendedregulations shall be achieved.

§1128.5. Same: Report to Administrator. Not laterthan five (5) working days after the passing of the datefor achieving each incremental milestone noted above,each source subject to this schedule shall report to theAdministrator regarding the status of compliance withthe schedule. Failure to achieve any portion of thisschedule or to report on the status of compliance shallmake the source liable to enforcement actionimmediately.

§1129. Control of Particulate Emission FromIncinerator: Design and Operation. (a) Thisregulation applies to any incinerator used to disposeof refuse by burning or the processing of refuse byburning or the processing of salvageable material byburning. Notwithstanding definitions in otherregulations, as used in this regulation, the word



"refuse" includes garbage, rubbish, trade wastes,leaves, salvageable material and agricultural wastes.The world "incinerator", as used in this regulation,includes incinerators, and other devices, structures, orcontrivances used to burn refuse or to process refuseby burning.

(b) No person shall cause or permit to be emittedinto the open air from any incinerator, particulatematter in the exhaust gases to exceed 0.20 pounds per100 pounds of refuse burned.

(c) Emission tests shall be conducted at maximumburning capacity of the incinerator.

(d) The burning capacity of an incinerator shall bethe manufacturer's or designer's guaranteed maximumrate of such other rate as may be determined by theAdministrator in accordance with good engineeringpractices. In case of conflict, the determination madeby the Administrator shall govern.

(e) For the purposes of this regulation, the total ofthe capacities of all furnaces within one system shallbe considered as the incinerator capacity.

(f) No residential or commercial single- chamberincinerator shall be used for the burning of refuse for aperiod in excess of eighteen (18) months after theadopted date of this regulation.

(g) all new incinerators and all existingincinerators within eighteen (18) months after adopteddate of this regulation shall be multiple-chamberincinerators, provided that the Administrator mayapproved any other type of incinerator if it isdemonstrated such design provides equivalentperformance.

(h) Incinerators shall be designed and operated insuch manner as is necessary to prevent the emission ofobjectionable odors.

(i) No person shall burn or cause or permit theburning of refuse in any installation which wasdesignated for the sole purpose of burning fuel.



§1130. Control of Visible Emission ofParticulates For Stationary Sources. Visible emissionrestrictions for stationary sources:

(a) No person shall continuously discharge intothe atmosphere from any single source of emissionwhatsoever any air contaminant of a shade of densityequal to or darker than that designated as No. 1 on theRingelmann Chart or 20 percent opacity.

(b) No person may discharge into the atmospherefrom any single source or emission, for a period orperiods aggregating more than 3 minutes in any 60minutes, air contaminants of a shade of density darkerthan No. 3 on the Ringelmann Chart, or 60 percentopacity, except for operations specifically authorizedby the Board through a Variance as provided by theAir Pollution Control Act.

§1130.1. Same: Fossil Fuel-Fired Generators. Eachfossil fuel-fired steam generator, with an annualaverage capacity factor of greater than thirty (30%)percent, shall conform with the following monitoringrequirements when such facility is subject to anemission standard of an applicable plan for thepollutant in question.

(a) A continuance monitoring system for themeasurement of opacity which meets the performancespecifications of Appendix B, 40 CFR 60, shall beinstalled, calibrated, maintained, operated and datareported in accordance with the procedures set forthin Appendix P, 40 CFR 51, by the owner or operator ofany such steam generator of greater than 250 millionBTU's per hour heat input, except where:

(1) gaseous fuel is the only fuel burned, or

(2) oil or a mixture of gas and oil are the only fuelsburned and the source is able to comply with theapplicable particulate matter and opacity regulationswithout utilization of particulate matter collectionequipment, and where the source has never beenfound, through any administrative or judicialproceedings, to be in violation of any visible emissionstandard of the applicable plan.



(3) Fossil-fuel fired steam generators which aregoverned by the New Source Performance Standards(40 CFR 60, Subpart D).

§1131. Control of Odors in Ambient Air (a) Noperson shall discharge into the atmosphere, or cause tobe discharged into the atmosphere, from any sourcewhatsoever any quantity of odorous or gaseousemission, material, or air contaminant of any kind ordescription, which is injurious or detrimental torepose, health and safety, or which in any way undulyinterferes with or prevents the comfortable enjoymentof life or property.

(b) An odor occurrence shall be deemed aviolation when a complaint is received and verified bythe Administrator. The Administrator shall deem theodor occurrence a violation if he is able to make twoodor measurements within one period, thesemeasurements being separated by at least fifteen (15)minutes. An odor measurement shall consist of adetectable odor after the odorous air has been dilutedseven volumes of odorfree air as determined by ascentometer as manufactured by the Barney- CheneyCompany or any other instrument, device, ortechnique designated by the Administrator asproducing equivalent results.

(c) The odor of growing vegetation, chemicalfertilizers and insecticides, shall not be consideredobjectional within the meaning of this regulation.

§1132. Air Pollution Emergencies. (a)Notwithstanding any other provision of the airpollution control regulations, this episode regulation isdesigned to prevent the excessive build-up of aircontaminants during air pollution episodes, therebypreventing the occurrence of an emergency due to theeffects of these contaminants on the health of thepublic.

(b) Episode Criteria: Conditions justifying theproclamation of an air pollution alert, air pollutionwarning, or air pollution emergency shall be deemedto exist whenever the Administrator determines thatthe accumulation of air contaminants in any place isattaining or has attained levels which could, if such



levels are sustained or exceeded, lead to a threat to thehealth of the public. In making this determination theAdministrator will be guided by the following criteria:

(1) Appropriate agency forecast predicting orindicating wind direction, speed, or othermeteorological conditions which may result in theattainment of episode level concentrations of aircontaminants in any human access area.

(2) Alert. The Alert level is that concentration ofpollutants at which first stage control action is tobegin. An Alert will be declared when any one of thefollowing levels is reached at any monitoring site:

SO2----800 ug./m3 (0.3 p.p.m.), 24 hour average.

Particulate ----3.0 COHs or 375 ug./m3, 24-houraverage.

SO² and particulate combined--product of SO² p.p.m.,24-hour average, and COHs equal to 0.2 or product ofSO²-ug/m3, 24-hour average, and particulate ug./m3,24-hour average equal to 65x103.

CO----17 mg/m3 (15 p.p.m.), 8-hour average.

Oxidant ( 3)---200 ug./m3 (0.1 p.p.m.)- - 1-houraverage.

NO²---1130 ug/m3 (0.6 p.p.m.), 1-hour average, 282ug./m3 (0.15 p.p.m.), 24-hour average.

and meteorological conditions are such that this conditioncan be expected to continue for twelve (12) or more hours.

(3) Warning: The warning level indicates that airquality is continuing to degrade and that additionalabatement actions are necessary. A warning will bedeclared when any one of the following levels isreached at any monitoring site:

SO²---1,600 ug./m3 (0.6 p.p.m.), 24-hour average.

Particulate---5.0 COHs or 625 ug./m3, 24-hour average.

SO² and particulate combined---product of SO² p.p.m.,24-hour average and COHs equal to 0.8 or product of SO²



ug./m3, 24-hour average and particulate ug./m3, 24-houraverage equal to 261x10n.

Oxidant (0n)---800 ug./m3 (0.4 p.p.m.) ---1-hour average.NO²---2,260 ug./m3 (0.4 p.p.m.)---1-hour average; 565 ug./m3

(0.3 p.p.m.), 24-hour average.

and meteorological conditions are such that thiscondition can be expected to continue for twelve (12)or more hours.

(4) Emergency: The emergency level indicates thatair quality is continuing to degrade to a level thatshould never be reached and that the most stringentcontrol actions are necessary. An emergency will bedeclared when any one of the following levels isreached at any monitoring site:

SO²---2,100 ug./m3 (0.8 p.p.m.), 24-hour average.

Particulate---7.0 COHs or 875 ug./m3, 24-hour average.

SO² and particulate combined---product of SO² p.p.m.,24-hour average and COHs equal to 1.2 or product of SO²ug./m3, 24-hour average and particulate ug./m3, 24-houraverage equal to 393x10n.

CO---46 mg./m3 (40 p.p.m.), 8-hour average.

Oxidant (0n)---1,200 ug./m3 (0.6 p.p.m.), 1-hour average.

NO²---3,000 ug./m3 (1.6 p.p.m.), 1 hour average; 750ug./m3 (0.5 p.p.m.), 24-hour average.

and meteorological conditions are such that thiscondition can be expected to continue for twelve (12)or more hours.

(5) Termination: Episodes will be terminatedwhen meteorological conditions are such that ambientair concentrations of air contaminants in affectedhuman access areas fall below episode levels and theappropriate agency forecast predicts these non-episode conditions will continue for twenty-four (24)or more hours.

(6) Nothing in this chapter shall be construed toprevent or invalidate the extrapolation of a pollutantconcentration based on a shorter sampling period to



an equivalent concentration for the time periodspecified in the standard when existing atmosphericand wind conditions are not expected to change so asto ameliorate pollution levels. This extrapolation shallbe used to forecast the possibility of an episode toinitiate corrective action.

§1132.1. Same: Emission Reduction Plan.Emission Reduction Plan: After the issuance of anepisode forecast or at any episode level, theAdministrator shall take any of the actions listedbelow and any others he deems necessary to reduceair pollution below episode levels and to protect thepublic and welfare.

(a) Prohibit or limit the emission of any aircontaminant contributing to the episode condition.

(b) Notify sources having contingency plansapproved by the Agency, to follow the provisions oftheir plans.

§1133. Control Of Sulfur Dioxide Emission. (a)No person shall cause or permit the burning of fuelwith a sulfur content greater than 3.14% at any timeand in no event shall the average over the immediatepast twelve month period, including the latest monthreading exceed 2.84% by weight provided the stacksare of sufficient height, as determined by modellingtechniques approved by the Administrator, to preventaerodynamic downwash and provide for gooddispersion of emissions.

(b) An intermittent control strategy shall berequired of any stationary source when winds blow topopulated areas.

(c) If compliance with these standards is to beaccomplished by means of removal of sulfur dioxidefrom the flue gases, the owner or operator of thesource must provide for the necessary monitoringequipment, and sample such emissions in accordancewith methods specified by the Administrator.

(d) No fossil-fuel fired steam generating unithaving commenced construction after August 17, 1971



and of more than 73 megawatts heat input rate (250million BTU per hour) shall emit gases which containsulfur dioxide in excess of .80 lb. per million BTUderived from liquid fossil-fuel.

§1134. Motor Vehicle Pollution Control. (a)Importation.

(1) No person shall import any motor vehicle ormotor vehicle engine into the Territory of Guam,unless such motor vehicle or motor vehicle engine is inaccordance with the Act as amended or be granted anexception under Section (i) or (n).

(2) The importer or consignee shall declare to theDirector in duplicate on EPA form 3520-1 (one recordfor GEPA and one for the Director) the followinginformation:

(A) The name and address of the importer and theconsignee;

(B) The make, model, and model year of thevehicle or engine.

(C) The vehicle identification numbers of suchvehicle or the serial number of such engine (if notchassis mounted).

(D) The date of entry, the vessel or carrier ofimportation, the port or point of entry, and theentry number (where applicable);

(E) A statement that the motor vehiclebelongs to one of the categories on EPA form3520-1 or furnish to the Director a writtenexception under Section (i) or (n).

(3) No person shall import a 1971 or subsequentyear model vehicle or motor vehicle engine without acertificate of conformity issued by USEPA and acertification label or be granted an exception underSection (i) or (n).



(4) No person shall import a 1968, 1969, or 1970model year motor vehicle or motor vehicle enginewithout a certificate of conformity issued by theDepartment of Health, Education and Welfare or bythe USEPA or be granted an exception under Section(i) or (n).

(5) The Director shall allow the importation of amotor vehicle or motor vehicle engine not covered by acertificate of conformity, if the motor vehicle or motorvehicle engine is being imported solely for the purposeof display and will not be sold or operated on Guampublic streets or roads.

(6) The Director shall allow the importation of amotor vehicle or motor vehicle engine not covered by acertificate of conformity if the importer or consignee isa member of the armed forces of a foreign country, amember of the secretariat of a public internationalorganization or a member of the personnel of a foreigngovernment on assignment in Guam who come withina class of persons for whom free entry of motorvehicles has been authorized by the Department ofState and the motor vehicle will not be sold.

(7) The Director shall allow the importation of amotor vehicle or motor vehicle engine not covered by acertificate of conformity if the importer or consignee isa nonresident of the United States importing suchmotor vehicle or motor vehicle engine for personal usefor not more than one year from date of entry, themotor vehicle or motor vehicle engine will not be soldand the motor vehicle or motor vehicle engine will bedeported one year from date of entry.

(8) The Director shall allow the importation of amotor vehicles or motor vehicle engines intendedsolely for export provided the motor vehicle or motorvehicle engines are not allowed to leave the premisesof the Port Authority of Guam.

(9) Motor vehicles and motor vehicle engines notsubject to the requirements of 14.1 according to the Actand its amendments:

(A) the motor vehicle manufactured before



1968 model year; or

(B) a non-chassis mounted engine to be usedin a light-duty motor vehicle; or

(C) the motor vehicle, or motor vehicle enginemanufactured before January 1, 1970 for use in aheavy-duty vehicle; or

(D) light-duty non-gasoline fueled vehicle, (ifdiesel-fueled, only for 1974 and earlier models);

(E) motor cycles manufactured before January1, 1978; or

(F) racing vehicle not to be operated on publicstreets or highways; or

(G) motor vehicle which exhibit one of thesefeatures conflicting with safe highway use 1) noreverse gear (except motorcycles), 2) nodifferential gear, 3) tracks instead of tires, 4) beingof inordinate size, 5) cannot exceed a maximumspeed of 25 miles per hour over level pavedsurfaces, or 6) has armor or weaponry associatedwith military combat;

(H) vehicle eligible for one-time personalexemption provided the vehicle is 1) the firstnonconforming motor vehicle imported by theindividual, 2) fully owned by the importer orconsignee (not a business), 3) not for resale for twoyears, and 4) five year old or older. Individualsimmigrating to Guam are eligible for the one timepersonal exemption under the same conditionsexcept no limit on age of the vehicle.

(10) The Administrator shall notify theDepartment of Revenue and Taxation in writing ofmotor imported by one-time person exemption. TheDepartment of Revenue and Taxation shall maintain alisting of vehicles imported under the provision ofone-time personal exemption and not allow transfer ofregistration for two years.

(11) The Director conditionally allow the



importation of a motor vehicle or motor vehicle engineunder bond for which an application for certificationof conformity is pending before the Administrator ofthe U.S. Environmental Protection Agency providedthat the importer or consignee submits a writtenrequest to the Administrator, stating 1) identificationof the test motor vehicle or motor vehicle engine, 2)identification of the location such vehicle will be stored(not on the premises of any dealer), and 3) the name ofthe person responsible for custody of the motor vehicleor motor vehicle engine.

(12) The Director shall allow the importation of amotor vehicle or motor vehicle engine, for which acertificate of conformity has been issued by USEPA,but the certification label is not mounted, providedthat the importer or consignee submits documentationto the Administrator stating that the motor vehicle ormotor vehicle engine year model belongs to a family ofmotor vehicles certified by USEPA and that the motorvehicle or motor vehicle engine is equipped with theequipment required in the certification as verified bythe Administrator.

(13) The Director shall conditionally allow theimportation of a motor vehicle or motor vehicle enginefor which a certificate of conformity has been issued byUSEPA, but the motor vehicle is being imported fromarea outside North America, (U.S., Mexico, andCanada) or from a country where unleaded gasoline isnot widely distributed, under $300 bond for thepurpose of replacing the oxygen sensing device andthe catalytic converter.

(14) The Director shall conditionally allow theimportation of a motor vehicle or motor vehicle enginefor which a certificate of conformity has not beenissued by USEPA under bond for the purpose ofmaking repairs to the motor vehicle or motor vehicleengine.

(15) The Director shall conditionally allow theimportation of a motor vehicle or motor vehicle engineunder bond, for which a certificate of conformity hasbeen issued by USEPA but the equipment andcertification label has not yet been installed, for thepurpose of retrofitting the equipment required in



certification, if the importer or consignee 1) submits awritten request to the Administrator of GuamEnvironmental Protection Agency stating i)identification of the location such vehicle will be stored(not on the premises of any dealer) and ii) the name ofthe person responsible for custody of the motor vehicleor motor vehicle engine and 2) certifies the person willretrofit the motor vehicle or motor vehicle engineaccording to the instructions obtained from themanufacturer's US representative.

(16) For conditional entry of motor vehicles underbond, the importer or consignee shall give a bondequal to but not less than one-half the value of themotor vehicle or motor vehicle engine and that bondshall not be released to the importer or consignee untilsuch time that the provisions of these statutes arefulfilled and a written recommendation from theAdministrator or his designee is obtained stating thatthe Director may release the bond.

(17) Release under bond. If entry is being madeunder bond, the entry shall be accepted only if theimporter or consignee gives a bond equal to not lessthan one-half the value of the motor vehicle,containing the bond conditions set forth in thisChapter, for the production of a declaration from theAdministrator that the vehicle is in conformity withFederal emission standards. Within 90 days after suchentry, or such additional period as the Director mayallow for good cause shown, the importer or consigneeshall deliver to the Director the prescribed declaration.If the declaration is not delivered within 90 days of thedate of entry or such additional period as may beallowed by the Director, for good cause shown, theimporter or consignee shall deliver or cause to bedelivered to the Director those motor vehicles or motorvehicle engines which were released in accordancewith this paragraph. In the event that any such motorvehicle or motor vehicle engine is not redeliveredwithin 5 days following the date specified in thepreceding sentence, liquidated damages shall beassessed in the full amount of the bond and the vehiclewill be subject to confiscation by the Director.

(18) Merchandise refused entry. If a motorvehicle is denied entry under the provision of this



chapter, the Director shall refuse to release themerchandise for entry into Guam and shall give noticeof such refusal to the importer.

(19) Disposition of merchandise refused entryinto Guam. Motor vehicles or motor vehicle enginesdenied entry under this Chapter or which areredelivered in accordance and which are not exportedunder supervision of the Director within 90 days fromthe date of notice of refusal of admission or date ofredelivery shall be disposed of under the Director,provided that any such disposition shall not result inan introduction to Guam of a motor vehicle or motorvehicle engine not covered by a certificate ofconformity with Federal motor vehicle emissionstandards.

(20) On the effective date Chapter 14, Section 14.1(Motor Vehicle Pollution Control - Importation), allexisting vehicles on Guam will be exempt from theseregulations, and bonds held on those vehicles will bereleased from the Director. Vehicles imported to Guamon or after the effective date of Chapter 14.1 will berequired to meet the requirements of these regulations.

(b) No person shall intentionally remove, alter orotherwise render ineffective or inoperative, exhaustemission control, crank case ventilation or any otherair pollution control device or system which has beeninstalled on a motor vehicle or stationary internalcombustion engine as requirement of any federal lawor regulation.

(c) No person shall operate a motor vehicle orother internal combustion engine originally equippedwith air pollution devices or systems as required byany Federal Law or Regulation, unless such devices orsystems are in place and in operating condition.

(d) No person shall cause or permit the emissionof visible air contaminants from gasoline-poweredmotor vehicles for longer than five (5) consecutiveseconds. [14.4]

(e) No person shall cause or permit the emissionof visible air contaminants from diesel powered motor



vehicles of a shade of density equal to or darker thanthat designated as No. 1, on the Ringelmann Chart, or20 percent opacity, for longer than five (5) consecutiveseconds.

(f) No person shall cause or permit the use of anymotor vehicle which becomes mechanically deficientso as to cause the emission of visible air contaminant.

§1134.1. Same: Penalties. (a) The owner of anymotor vehicle in violation of this 14.2-14.6 shall besubject to prosecution.

(b) Penalties shall not exceed $50.00 per day ofviolation.

(c) Failure to comply with this Chapter shallsubject the owner to suspension or cancellation of theregistration and inspection sticker for the vehicle.

§1134.2. Same: Waiver. The violator can apply forwaiver of prosecution by the Administrator, not toexceed fortyfive (45) days in duration. To beconsidered for a waiver, the violator shall immediatelynotify the Administrator of the deficiency, andprovide a statement giving all pertinent facts,including the reason for the violation, the attemptsmade to correct the deficiency, any difficultiesencountered correcting the situation, and theestimated date of the correction of the deficiency.

§1135. Standards Of Performance For NewStationary Sources. (a) General.

(1) The Environmental Protection AgencyRegulations on Standards of Performance for NewStationary Sources (40 CFR, Part 60) designated in Part15.2 are incorporated by reference as they exist on thedate of adoption and promulgation by the Board intothose Regulations as amended by the word or phrasesubstitutions given in Part 15.3. References for specificdocuments containing the complete text of subjectregulations are given in Appendix A.

(2) In the event any conflict between theRegulations contained in this Chapter and Regulations



contained in other chapters, the Regulations ofChapter 15 will take precedence for standards ofperformance for new stationary sources, unless theexisting Regulations are more stringent.

(3) Definition - For purposes of this Chapter, thedefinitions listed in Section 60.2 Subpart A, Part 60,Title 40 of the Code of Federal Regulations will apply.

(b) Designated Standards of Performance.

(1) Subpart D - Fossil-Fuel Fired Steam Generator(units of more than 250 million BTU per hour heatinput).

(2) Subpart E - Incinerators (units of more thanfifty (50) tons per day charging rate).

(3) Subpart F - Portland Cement Plants (kiln,clinker cooler, raw mill system, finish mill system, rawmill dryer, raw material storage, conveyor transferpoints, bagging and bulk loading and unloadingsystems).

(4) Subpart G - Nitric Acid Plants (nitric acidproduction units).

(5) Subpart H - Sulfuric Acid Plants (sulfuric acidproduction units).

(6) Subpart I - Asphalt Concrete Plants (dryers,systems for screening, handling, storing, and weighinghot aggregate, systems for loading, transferring, andstoring mineral filler; systems for mixing asphaltconcrete and the loading, transfer and storage systemsassociated with emission control systems).

(7) Subpart J - Petroleum Refineries (fluid catalyticcracking unit catalyst regenerators, fluid catalyticcracking unit incinerator waste heat boilers and fuelgas combustion devices).

(8) Subpart K - STORAGE - Storage vessels forPetroleum Liquids (storage vessels with a capacitygreater than 40,000 gallons).



(9) Subpart L - Secondary Lead Smelters (potfurnaces of more than 550 pounds charging capacity,blast (cupola) furnaces and reverberatory furnaces).

(10) Subpart M - Secondary Brass and BronzeIngot Production Plants (reverberatory and electricfurnaces of 2,205 pounds or greater productioncapacity and blast (cupola) furnaces of 550 pounds perhour or greater production capacity).

(11) Subpart N - Iron and Steel Plants (basicoxygen process furnace).

(12) Subpart O - Sewage Treatment Plants(incinerators which burn the sewage produce bymunicipal sewage treatment facilities).

(13) Subpart P - Primary Copper Smelters (dryer,roaster, smelting furnace, and copper converter).

(14) Subpart Q - Primary Zinc Smelters (roasterand sintering machine).

(15) Subpart R - Primary Lead Smelters (sinteringmachine, sintering machine discharge end, blastfurnace, dross reverberatory furnace, electric smeltingfurnace and converter).

(16) Subpart S - Primary Aluminum ReductionPlants (potroom groups and anode bake plants).

(17) Subpart T - Wet Process Phosphoric AcidPlants (any combination of reactors, filters,evaporators, and hotwells).

(18) Subpart U - Superphosphoric Acid Plants(any combination of reactors, filters, evaporators andhotwells).

(19) Subpart V - Diammonium Phospate Plants(any combination of reactors, granulators, dryers,coolers, screens, and mills).

(20) Subpart W - Triple Superphospate Plants (anycombination of mixers, curing belts (dens), reactors,granulators, dryers, cookers, screens, mills and



fac i l i t i es which s tore run-of -p i le t r ip lesuperphosphate).

(21) Subpart X - Granular Triple superphosphatestorage facilities (any combination of storage or curingpiles, conveyors, elevators, screens and mills).

(22) Subpart Y - Coal Preparation Plants (unitswhich process more than 200 tons per day: thermaldryers, pneumatic coal-cleaning equipment (air tables),coal processing and convey ing equipment, includingbeakers and crushers), coal storage systems, and coaltransfer and loading systems.

(23) Subpart Z - Ferroalloy Production Facilities(electric submerged are furnaces and dust- handlingequipment.

(24) Subpart AA - Electric Arc Furnaces in steelplants (electric arc furnaces and dust-handlingequipment).

(25) Subpart BB - Kraft Pulp Mills (anycombination of digester systems, brown stock washersystems, multiple-effect evaporator systems, blackliquor systems, recovery furnace, smelt dissolvingtank, lime kiln, and condensate stripper system.

(c) Word or Phrase Substitutions. In all thestandards designated in Part 15.2 substitute

(1) GEPA Administrator for Federal EPAAdministrator.

(2) GEPA Board or U.S. Environmental ProtectionAgency (Except in References).

§1136. National Emission Standards ForHazardous Air Pollutants. (a) General.

(1) The Environmental Protection AgencyRegulations on National Emission Standards forHazardous Air Pollutants (40 CFR, Part 61) designatedin Part 16.2 are incorporated by reference as they existon the date of adoption and promulgations by theBoard into these regulations as amended by the word



or phrase substitutions given in Part 16.3. Referencefor specific documents containing the complete text ofsubject regulations are given in Appendix A.

(2) In the event of any conflict between theRegulations contained in this Chapter and Regulationscontained in other chapters, the Regulations ofChapter 16 will take precedence for national emissionstandards for hazardous air pollutants, unless existingregulations are more stringent.

(3) Definitions. For purposes of this Chapter, thedefinitions listed in Section 61.02 Subpart A, Part 61,Title 40, of the Code of Federal Regulations will apply.

(b) Designated Emission Standards.

(1) Subpart B - Asbestos.

(2) Subpart C -Berryllium.

(3) Subpart D - Beryllium Rocket Motor Firing.

(4) Subpart E - Mercury.

(5) Subpart F - Vinyl Chloride.

(c) Word or Phrase Substitutions. In all of thestandards designated in Part 16.2, substitute:

(1) GEPA Administrator for Federal EPAAdministrator.

(2) GEPA Board for U.S. Environmental ProtectionAgency (Except in References).

§1137. Appeal Procedures, Circumvention,Severability, and Effective Date. (a) Appeal. Anyperson aggrieved by a decision of the Administrator,may appeal to the Board of Directors of the Agencywithin thirty (30) days after notification.

(b) Circumvention. No person shall cause orpermit the installation or use of any device or anymeans which, without resulting in reduction in thetotal amount of air contaminant emitted, conceals or



dilutes an emission of air contaminant which wouldotherwise violate these regulations. This provisiondoes not prohibit recycling, burning as fuel orotherwise further processing a material which wouldviolate an emission regulation of released to theatmosphere, so long as the facility in which thatmaterial is used does not violate applicable emissionregulations.

(c) Severability. If any provision of theseregulations, or the application thereof to any person,or circumstances is held to be invalid, such invalidityshall not affect other provisions or application of anypart of these regulations which can be given effect,without the invalid provisions or application, and tothis end the provisions of these regulations and thevarious applications thereof are declared to beseverable.

(d) Effective Date. The effective date for new andexisting source compliance with each chapter of theseStandards and Regulations shall be as listed below:

(1) Chapter 1 - Definitions - Adopted, November18, 1971; May 27, 1972; Amended, August 8, 1973;Effective, November 1, 1973; Amended, November 20,1974; Effective, March 21, 1975; Amended, December18, 1978, Effective, February 19, 1979; Amended,October 23, 1981, Effective, December 11, 1981;Amended November 7, 1986; Effective.

(2) Chapter 2 - Ambient Air Quality Standards -Adopted, November 18, 1971; Effective, May 27, 1972;Amended, June 29, 1972; Effective, July 31, 1972;Amended, August 8, 1973; Effective, November 1,1973; Amended, October 23, 1981, Effective December11, 1981.

(3) Chapter 3 - Permits - Adopted, November 18,1971; Effective, May 217, 1972; Amended, June 29,1972; Effective, July 31, 1972; Amended, August 8,1973; Effective, November 1, 1973; Amended,November 20, 1974; Effective March 21, 1975;Amended, October 23, 1981; Effective December 11,1981.



(4) Chapter 4 - Monitoring, Records, andReporting - Adopted, November 18, 1971; Effective,May 27, 1972; Amended, June 29, 1972; Effective, July31, 1972; Amended, August 8, 1973; Effective,November 1, 1973; Amended, November 20, 1974;Effective, March 21, 1975; Amended December 18,1978; Effective February 19, 1979.

(5) Chapter 5 - Sampling and Testing Methods -Adopted, November 18, 1971; Effective, May 27, 1972;Amended, August 8, 1973; Effective, November 1,1973.

(6) Chapter 6 - Control of Open Burning-Adopted, November 18, 1971; Effective, May 27,1972;Amended, December 18, 1978; Effective, February 19,1979.

(7) Chapter 7 - Control of Particulate EmissionFrom process Industries. - Adopted, November 18,1971; Effective, May 27, 1972; Amended, June 29, 1971;Effective, July 31, 1972; Amended, August 8, 1973;November 1, 1973; Amended, December 18, 1978;Effective, February 19, 1979.

(8) Chapter 8 - Control of Fugitive Dust -Adopted, November 18, 1971; Effective, May 27, 1972;Amended, August 8, 1973; Effective, November 1,1973; Amended, November 20, 1974; Effective, March21, 1975.

(9) Chapter 9 - Control of Particulate EmissionFrom Incinerators: Design and Operation - Adopted,November 18, 1971; Effective, May 27, 2972; Amended,August 8, 1973; Effective, November 1, 1973.

(10) Chapter 10 -Control of Visible Emission ofParticulates for Stationary Sources - Adopted,November 18, 1971; Effective, May 27, 1972; Amended,August 8, 1973; Effective, November 1, 1973;Amended, December 18, 1978; Effective, February 19,1979.

(11) Chapter 11 - Control of Odors in Ambient Air- Adopted, November 18, 1971; Effective, May 27,1972.



(12) Chapter 12 - Air Pollution Emergencies -Adopted, November 18, 1971; Effective, May 27, 1972;Amended, June 29, 1972; Effective, July 31, 1972;Amended, August 8, 1973; Effective, November 1,1973.

(13) Chapter 13 - Control of Sulfur DioxideEmissions - Adopted, November 18, 1971; Effective,May 27, 1972; Amended, June 29, 1972; Effective, July31, 1972; Amended, August 8, 1973; Effective,November 1, 1973; Amended December 18, 1979;Effective, February 19, 1978.

(14) Chapter 14 - Motor Vehicle Pollution Control- Adopted, June 29, 1972; Effective, July 31, 1972;Amended, August 8, 1973; Effective, November 1,1973; Amended, December 18, 1978; Effective,February 19, 1979; Amended, November 7, 1986;Effective.

(15) Chapter 15 - Appeal ProceduresCircumvention Severability, and Effective Date -Adopted, August 8, 1973; Effective, November 1, 1973;Amended, December 18, 1978; Effective February 19,1979.

(16) Chapter 16 - Adopted December 18, 1978;Effective February 19, 1979.

(17) Chapter 17 - Adopted December 18, 1978;Effective February 19, 1979; Amended October 23,1981, Effective December 11, 1981.



APPENDIX A

ENVIRONMENTAL PROTECTION AGENCY

REGULATIONS REFERENCED DOCUMENTS

The Complete text of all EPA Regulationsincorporated into these Regulations is located in thefollowing documents:

40 CFR AND 40 CFR 61,

revised as of July 1, 1977.

chapter 1 guam air pollution control - faofaolex.fao.org/docs/pdf/gum71807.pdf · 22 gar - gepa...

Documents