Press Releases - Guam Air Pollution Control Standards And Regulations

GUAM AIR POLLUTION CONTROL STANDARDS AND REGULATIONS

Table of Contents

Section 1101. Definitions.

Section 1101.1. Definitions.

Section 1102. General Requirements.

Section 1102.1. Prohibition of Air Pollution.

Section 1102.2. Conflicts in Rules.

Section 1102.3. Certification.

Section 1102.4. Sampling, Testing and Reporting Methods.

Section 1102.5. Air Quality Models.

Section 1102.6. Operations of Monitoring Stations.

Section 1102.7. Public Access to Information.

Section 1102.8. Reporting of Equipment Shutdown.

Section 1102.9. Prompt Reporting of Deviations.

Section 1102.10. Prevention of Air Pollution Emergency Episodes.

Section 1102.11. Variances.

Section 1102.12. Penalties and remedies.

Section 1102.13. Severability.

Section 1102.14. Hearings.

Section 1103. General Prohibitions and Standards.

Section 1103.1. Applicability.

Section 1103.2. Guam Ambient Air Quality Standards.

Section 1103.3. Visible Emissions.

Section 1103.4. Fugitive Dust.

Section 1103.5 Motor Vehicles &emdash; Importation.

Section 1103.6. Motor Vehicles - Emission Requirements.

Section 1103.7. Incineration.

Section 1103.8. Biomass Fuel Burning Boilers.

Section 1103.9. Process Industries.

Section 1103.10. Sulfur Oxides from Fuel Combustion.

Section 1103.11. Open Burning.

Section 1103.12. Control of Odors in Ambient Air.

Section 1103.13. Asbestos.

Section 1104. Permit Program Regulations.

Section 1104.1. Definitions.

Section 1104.2. Applicability.

Section 1104.3. General conditions for considering applications.

Section 1104.4. Holding and Transfer of Permit.

Section 1104.5. Cancellation of an Air Pollution Control Permit.

Section 1104.6. Air Pollution Control Permit Application.

Section 1104.7. Duty to Supplement or Correct Permit Applications.

Section 1104.8. Compliance Plan.

Section 1104.9. Compliance Certification of Air Pollution Emission Sources.

Section 1104.10. Transition Period and Deadlines to Submit First Applications.

Section 1104.11. Permit Term.

Section 1104.12. Permit Content.

Section 1104.13. Inspections.

Section 1104.14. Federally-Enforceable Permit Terms and Conditions.

Section 1104.15. Transmission of Information to USEPA.

Section 1104.16. USEPA Oversight.

Section 1104.17. Emergency Provision.

Section 1104.18. Permit Termination, Suspension, Reopening, and Amendment.

Section 1104.19. Public Participation.

Section 1104.20. Administrative Permit Amendment.

Section 104.21. General Fee Provisions.

Section 1104.22. Air Pollution Control Special Fund.

Section 1104.23. Application Fees for Air Pollution Emission Sources.

Section 1104.24. Annual Fees for Air Pollution Emission Sources.

Section 1104.25. Penalties and remedies.

Section 1105. Special Preconstruction Requirements.

Section 1105.1. Definitions.

Section 1105.2. Source Applicability.

Section 1105.3. PSD Review.

Section 1105.4. NAA Review.

Section 1105.5. NAA Offset Standards.

Section 1105.6. Other Nonattainment Area Air Pollution Emission Sources.

Section 1106. Standards of Performance for Air Pollution Emission Sources.

Section 1106.1. Source Applicability.

Section 1106.2. New Source Performance Standards.

Section 1107. Hazardous Air Pollutant Sources.

Section 1107.1. Definitions.

Section 1107.2. List of Hazardous Air Pollutants.

Section 1107.3. Applicability.

Section 1101. Definitions.

Section 1101.1. Definitions. As used in these Standards and Regulations:

(a) "Administrator" means the Administrator of the Guam Environmental Protection Agency ("GEPA") or an authorized agent, officer or inspector.

(b) "Agricultural burning" means the use of open outdoor fires in agricultural operations, forest management or range improvements.

(c) "Agricultural operation" means a bona fide agricultural activity with the primary purpose of providing agricultural instruction by an educational institution, and includes the growing and harvesting of crops or the raising of fowl or animals.

(d) "Air pollutant" means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive, inclusive of source material, special nuclear material and by product material; substance; or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any pollutant, to the extent that the agent or combination of such agents is identified in any Federal or local rules as precursors.

(e) "Air pollution" means the presence in the outdoor atmosphere of one (1) or more substances in such quantities and duration as is or tends to be injurious to human health or welfare, plant life, animal life or property, or would unreasonably interfere with the enjoyment of life or property.

(f) "Air Pollution Control Act" means Air Pollution Control Act, Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated.

(g) "Air pollution control equipment" means equipment or a facility of a type intended to eliminate, prevent, reduce, or control the emissions of any regulated or hazardous air pollutant to the atmosphere.

(h) "Air pollution control permit" means written authorization from the Administrator to construct, modify, relocate or operate an air pollution emission source. A permit authorizes the permittee to cause or allow the emission of a regulated air pollutant in a specified manner or amount, or to do any act, not forbidden by these Standards and Regulations, but requiring review by GEPA.

(i) "Air pollution emission source" means any piece of equipment or any activity at a building, structure, facility or installation that emits, or may emit, any air pollutant. For this definition, "building, structure, facility, or installation" means all of the air pollutant emitting activities which belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control, except the activities of any vessel. Air pollutant emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group," i.e. which have the same first two (2) digit code, as described in the Standard Industrial Classification Manual, 1987, or approved equivalent standard industrial classification.

(j) "Allowable emissions" means the emissions of an air pollution emission source calculated using the maximum rated capacity of the source, unless the source is subject to Federally enforceable limits which restrict the operating rate, capacity or hours of operations, or any combination of these, and the most stringent of the following:

(1) the applicable standards set forth in 40 CFR Parts 60, 61 and 63, as amended;

(2) any Guam implementation plan emission limitation, including those with future compliance dates; and

(3) the emission rates specified in a Federally enforceable permit condition, including those with future compliance dates.

(k) "Ambient Air" means the general outdoor atmosphere to which the public has access.

(l) "Annual capacity factor" means the ratio of the actual annual heat input divided by the potential annual heat input of fuel burning equipment.

(m) "Applicant" means any person who submits an application for a permit.

(n) "Best available control technology" means an emissions limitation, including a visible emission standard based on the maximum degree of reduction for each pollutant, subject to regulation approved pursuant to the Clean Air Act which would be emitted from any proposed air pollution emission source or modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems and techniques, including fuel cleaning or treatment, or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard promulgated pursuant to 40 CFR Parts 60, 61 and 63, as amended. If the Administrator determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.

(o) "Biomass fuel burning boilers" means fuel burning equipment with an annual capacity factor greater than fifty percent (50%) for biomass fuel.

(p) "Board" means the GEPA Board of Directors.

(q) "BTU" means British Thermal Unit.

(r) "CFR" means the Code of Federal Regulations.

(s) "Clean Air Act" means the Clean Air Act, as amended, Title 42 United States Code §7401, et seq. and all subsequent amendments.

(t) "Commenced" as applied to construction of or modification to an air pollution emission source, means that the owner or operator has all necessary preconstruction approvals or permits and either has:

(1) begun, or caused to begin a continuous program of actual operation or on-site construction of the source; or
(2) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual operation or construction of the source.

(u) "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.

(v) "Compliance Plan" means a plan which includes a description of how an owner or operator proposes to comply with all applicable requirements of these Standards and Regulations, and includes a schedule of compliance and a schedule under which the owner or operator will submit progress reports to GEPA.

(w) "Construction" means a physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an emissions unit which would result in a change in actual emissions.

(x) "Day" unless otherwise specified, means calendar day.

(y) "Director" means the Director of Department of Customs and Quarantine or his designee.

(z) "Draft permit" means the version of a permit for which the Administrator offers public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to §1104.19.

(aa) "Emission" means the act of releasing or discharging air pollutants into the ambient air from any source or an air pollutant which is released or discharged into the ambient air from any source.

(bb) "Emission limitation" means a requirement established by the Administrator or USEPA Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

(cc) "Emissions unit" means any part or activity of an air pollution emission source that emits or has the potential to emit any regulated or hazardous air pollutant.

(dd) "Existing air pollution emission source" means an air pollution emission source that has received an air pollution control permit, commenced construction or a modification, or was in operation prior to the effective date of these Standards and Regulations.

(ee) "Federally enforceable" means all limitations and conditions which are enforceable by the USEPA Administrator, including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, as amended; requirements within the Guam implementation plan; or any permit requirements established pursuant to 40 CFR Part 52.21, as amended; or all permit terms and conditions in all air pollution control permit except those specifically designated as not Federally enforceable as described in §1104.14; or regulations approved pursuant to 40 CFR Part 51, Subpart I, as amended, including operating permits issued under an EPA approved program that is incorporated into these Standards and Regulations, and expressly requires adherence to any permit issued under such program.

(ff) "Forest management" means wildland vegetation management using prescribed burning procedures conducted by a public agency or through a cooperative agreement involving a public agency.

(gg) "Fuel burning equipment" means a furnace, boiler, apparatus, stack and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by heat transfer.

(hh) "Fugitive dust" means the emission of solid airborne particulate matter from any source other than combustion.

(ii) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

(jj) "GEPA" means the Guam Environmental Protection Agency.

(kk) "Hazardous air pollutants" means those hazardous air pollutants listed in §112(b) of the Clean Air Act, and any other hazardous air pollutants listed in §1107.2.

(ll) "Heavy-duty vehicle" means any motor vehicle designed primarily for transportation of property and rated at more than six thousand (6000) pounds gross vehicle weight or designed primarily for transportation of persons having a capacity of more than twelve (12) persons.

(mm) "Light-duty vehicle" means any motor vehicle designed primarily for transportation of property and rated at less than six thousand (6000) pounds gross vehicle weight or designed primarily for transportation of persons and having a capacity of less than twelve (12) persons.

(nn) "mg/m3" means milligrams per cubic meter.

(oo) "Mobile source" means any vehicular air pollutant source, including, but not limited to, automobiles, trucks, buses, other motor vehicles, aircraft, ships, boats and other waterborne craft.

(pp) "Month" means a calendar month.

(qq) "Motor vehicle" means a self-propelled vehicle capable of transporting a person or any material or any permanently or temporarily affixed apparatus.

(rr) "Motor vehicle engine" means engines powered by petroleum-based fuels used to provide power to motor vehicles.

(ss) "NAAQS" means the National Ambient Air Quality Standards contained in 40 CFR Part 50, as amended.

(tt) "National Emission Standards for Hazardous Air Pollutants" means the Federal emission standards contained in 40 CFR Parts 61 and 63, as amended.

(uu) "New air pollution emission source" means an air pollution emission source that commenced construction or modification on or after the effective date of these Standards and Regulations.

(vv) "Opacity" means a condition which renders material partially or wholly impervious to rays of visible light and causes obstruction of an observer's view.

(ww) "Open Burning" means the burning of trees, brush, grass and other vegetative matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flare.

(xx) "Owner or operator" means a person who owns, leases, operates, controls, or supervises an air pollution emission source.

(yy) "Particulate matter" means any material, except water in uncombined form, that is or has been airborne and exists as a liquid or a solid at standard conditions.

(zz) "Permit" means written authorization from the Administrator to construct, modify, relocate, or operate any regulated or hazardous air pollutant source. A permit authorizes the owner or operator to proceed with the construction, modification, relocation, or operation of a regulated or hazardous air pollutant source, and to cause or allow the emission of such air pollutants in a specified manner or amount, or to do any act not forbidden by the Clean Air Act or regulations promulgated pursuant to the Clean Air Act, the Guam Air Pollution Control Act and regulations promulgated pursuant to the local statute.

(aaa) "Permit renewal" means the process by which a permit is reissued at the end of its term.

(bbb) "Person" means any individual, partnership, firm, association, municipality, public or private corporation, subdivision, or agency of Guam, trust, estate or any other legal entity. Legal entity includes any agency, department or instrumentality of the United States and any officer, agent, or employee of such entities.

(ccc) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers.

(ddd) "Potential annual heat input" means the product of the maximum rated heat input capacity (megawatts or million BTU per hour) times 8760 hours per year.

(eee) "Potential to emit" means the maximum capacity of an air pollution emission source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator and the USEPA Administrator.

(fff) "PSD" means prevention of significant deterioration.

(ggg) "Range improvement" means the removal of vegetation for a wildlife, game or livestock habitat.

(hhh) "Reconstruction" means the replacement of components at an existing air pollution emission source to such an extent that the fixed capital cost of the new components exceeds fifty per cent (50%) of the fixed capital cost that would be required to construct a comparable entirely new air pollution emission source.

(iii) "Regulated air pollutant" means:

(1) Nitrogen oxides or any volatile organic compound;
(2) Any air pollutant for which a national or Guam ambient air quality standard has been promulgated;

(3) Any air pollutant that is subject to any standard promulgated under §111 of the Clean Air Act;

(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act;

(5) Any pollutant subject to a standard promulgated under §112 or other requirements established under §112 of the Clean Air Act, including §§ 112(g), (j), and (r) of the Clean Air Act, including the following:

(A) Any pollutant subject to requirements under §112(j) of the Clean Air Act. If the USEPA Administrator fails to promulgate a standard by the date established pursuant to §112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date eighteen (18) months after the applicable date established pursuant to §112(e) of the Clean Air Act; and
(B) Any pollutant for which the requirements of §112(g)(2) of the Clean Air Act have been met, but only with respect to the individual source subject §112(g)(2) requirement; or

(6) Any other pollutant subject to a standard or requirement in these Standards and Regulations.

(jjj) "Responsible official" means:

(1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or an authorized representative of such person if the representative is responsible for the overall operation of one (1) or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
(A) The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding Twenty Five Million Dollars ($25,000,000) (in second quarter 1980 dollars); or
(B) The delegation of authority to such representative is approved in advance by the Administrator;

(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; or

(3) For a municipality, state, federal, or other public agency: a principal executive officer, ranking elected official, or an authorized representative as approved by the Administrator. For the purposes of these Standards and Regulations, a principal executive officer of a federal agency includes the chief executive officer, commanding officer, or equivalent rank or position, having responsibility for the overall operations of a principal geographic unit of the agency.

(kkk) "Risk assessment" means the process of determining the potential adverse health effects of human exposure to environmental hazards. The process includes hazard identification, dose-response assessment, exposure assessment and risk characterization by quantifying the magnitude of the public health problem that results from the hazard.

(lll) "SICC" means Standard Industrial Classification Code.

(mmm) "Significant" means, in reference to a net emissions increase or the potential of a source to emit:

(1) A rate of emissions that would equal or exceed any of the following pollutant and emission rates:
(A) Carbon monoxide: 100 tpy;
(B) Nitrogen oxides: 40 tpy;

(D) Particulate matter: a total of 25 tpy of particulate matter of all sizes or 15 tpy of PM10;

(E) Ozone: 40 tpy of volatile organic compounds;

(F) Lead: 0.6 tpy;

(G) Asbestos: 0.007 tpy;

(H) Beryllium: 0.0004 tpy;

(I) Mercury: 0.1 tpy;

(J) Vinyl chloride: 1 tpy;

(K) Fluorides: 3 tpy;

(L) Sulfuric acid mist: 7 tpy;

(M) Hydrogen sulfide (H2S): 10 tpy;

(N) Total reduced sulfur (H2S): methyl mercaptan, dimethyl sulfide, and dimethyl disulfide): 10 tpy;

(O) Reduced sulfur compounds (H2S, carbon disulfide and carbonyl sulfide): 10 tpy;

(P) Municipal waste combustor organics: 3.2 grams per year (3.5 X 10-6 tpy) measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans;

(Q) Municipal waste combustor metals: 14 megagrams per year (15 tpy) measured as particulate matter; or

(R) Municipal waste combustor acid gases: 36 megagrams per year (40 tpy) measured as sulfur dioxide and hydrogen chloride;

(2) Any net emissions increase of a pollutant or the potential of a source to emit a pollutant subject to regulation pursuant to the Clean Air Act that Paragraph (1) does not list; and

(3) Notwithstanding paragraph (1), any emissions increase associated with a major air pollution emission source or major modification, which would be constructed within ten (10) kilometers of a national park, wilderness area or memorial park designated as a Class I area by the federal government or GEPA, and will have an impact on such area equal to or greater than one ug/m3 (twenty-four-hour average).

(nnn) "Smoke" means the gaseous products of burning carbonaceous materials made visible by the presence of small particles of carbon.

(ooo) "Source" means property, real or personal, which emits or may emit any air pollutant.

(ppp) "Stack" means a point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

(qqq) "Standard Industrial Classification Code" means Major Group Number, Industry Group Number, or Industry Number as described in the most recent edition, supplements, and appendices of the Standard Industrial Classification Manual.

(rrr) "Standards of Performance for New Stationary Sources" means the federal emission standards contained in 40 CFR Part 60, as amended.

(sss) "Tpy" means tons per year.

(a) "ug/m3" means micrograms per cubic meter.

(ttt) "Upon program approval" means the date the Guam air pollution control permit program is granted full or interim approval by the USEPA Administrator pursuant to 40 CFR Part 70, as amended, and thereafter.

(uuu) "USEPA" means the United States Environmental Protection Agency.

(vvv) "USEPA Administrator" means the Administrator of the USEPA or his or her designee.

(www) "VOC" means volatile organic compound.

(xxx) "Volatile organic compound" means a compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes any such organic compound other than methane; ethane; methylene chloride (dichloromethane); 1,1,1 trichloroethane (methyl chloroform); 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (CFC-22); trifluoromethane (FC-23); 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); l,l,l-trifluoro-2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); l,l-dichloro-l-fluoroethane (HCFC-141b); l-chloro l,l-difluoroethane (HCFC-142B); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); l,l,l-trifluoroethane (HFC-143a); l,l-difluoroethane (HFC-152a); and perfluorocarbon compounds which fall into these classes:

(1) Cyclic, branched, or linear, completely fluorinated alkanes;
(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(yyy) "Volatile organic compound water separator" means a tank, box, sump, or other container which is primarily designed to separate and recover volatile organic compounds from water. Petroleum storage tanks from which water incidental to the process is periodically removed are not considered volatile organic compound water separators.

Section 1102 - General Requirements:

Section 1102.1. Prohibition of air pollution. No person, including any public body, shall engage in any activity which causes air pollution or causes or allows the emission of any regulated or hazardous air pollutant without first securing an approval in writing from the Administrator when required by these Standards and Regulations.

Section 1102.2. Conflicts in Rules. In the event any federal or local laws, rules, or regulations are in conflict with the provisions of these Standards and Regulations, the most stringent requirement shall apply .

Section 1102.3 Certification. Every application form, report, compliance plan, or compliance certification submitted pursuant to these Standards and Regulations shall contain certification by a responsible official. This certification and any other certification required pursuant to these Standards and Regulations shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

Section 1102.4 Sampling, Testing and Reporting Methods. (a) All sampling and testing shall be made and the results calculated in accordance with the reference methods specified by USEPA, or by test procedures approved by the Administrator. All tests shall be made under the direction of persons knowledgeable in the field of air pollution control.

(b) GEPA may conduct tests of emissions of air pollutants from any source. Upon request of the Administrator, an owner or operator of an air pollution emission source may be required to conduct tests of emissions of air pollutants at the owner or operator's expense. The owner or operator of the air pollution emission source to be tested shall provide necessary ports in stacks or ducts and such other safe and proper sampling and testing facilities, exclusive of instruments and sensing devices, as may be necessary for proper determination of the emissions of air pollutants.

(c) The Administrator may require the owner or operator of any air pollution emission source to maintain files on information concerning pertinent processes, material flow, fuels used, nature and amount and time periods or durations of emissions, or any other information as may be deemed necessary by the Administrator to determine whether the air pollution emission source complies with applicable emission limitations, NAAQS, Guam ambient air quality standards, or other provisions of these Standards and Regulations in a permanent form suitable for inspection or in a manner authorized by the Administrator.

(d) The information recorded shall be summarized and reported to the Administrator as specified in the permit and in accordance with any requirement of these Standards and Regulations. Recording periods shall be January 1 to June 30 and July 1 to December 31, or any other period specified by the Administrator, except the initial recording period shall commence on the date the Administrator issues the notification of the record keeping requirements. The Administrator may require the owner or operator to submit any reported summary to the USEPA Administrator.

(e) Information recorded by the owner or operator of an air pollution emission source and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for a specified time period from the date on which the information is recorded or the pertinent report is submitted. The specified time period shall be as required in §1104.12(7)(H) or identified within an applicable requirement of the air pollution emission source.

(f) Owners or operators of air pollution emission sources shall correlate applicable emission limitations and other requirements within the report.

Section 1102.5. Air Quality Models. (a) All required estimates of ambient concentrations shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR Part 51, Appendix W, as amended.

(b) Where an air quality impact model specified in 40 CFR Part 51 Appendix A of Appendix W, as amended, is inappropriate, the model may be modified or another model substituted on written request to the Administrator. The Administrator shall provide for publish notice, including the method by which a public hearing can be requested, and an opportunity for public comment, on all proposed modifications or substitutions of an air quality impact model. Written approval from the Administrator shall be obtained for any modification or substitution. Methods such as those outlined in the "Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, May 1978) may be used to determine the comparability of air quality models.

Section 1102.6. Operations of Monitoring Stations. The USEPA monitoring requirements of 40 CFR Part 58, as amended, "Ambient Air Quality Surveillance," shall be met at a minimum during the operation of any monitoring stations required by the Administrator or these Standards and Regulations.

Section 1102.7. Public Access to Information. (a) Except as provided in Subsection (b), the following information shall be considered public records and as such shall be available for public inspection pursuant to §49114 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated unless access is restricted or closed by law:

(1) All permit applications;
(2) All supporting information for permit applications;

(3) Compliance plans and schedules;

(4) Reports and results associated with performance tests and continuous emission monitors;

(5) Ambient air monitoring data and emissions inventory data;

(6) Certifications;

(7) Any other information submitted to GEPA pursuant to the air pollution control permit program;

(8) Permits; and

(9) Public comments or testimonies received during any public comment period or public hearing.

(b) Any owner or operator of an existing or proposed air pollution emission source may request confidential treatment of specific information, including information concerning secret processes or methods of manufacture, by submitting a written request to the Administrator at the time of submission, and clearly identifying the specific information (requests) that is to be accorded confidential treatment. With respect to each item of confidential information, the owner or operator requesting that it be designated as confidential shall provide documentation concerning:

(1) How each item of information concerns secret processes, secret methods of manufacture, or is determined to be confidential pursuant to §49114 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated;
(2) Who has access to each item of information;

(3) What steps have been taken to protect the secrecy of each item of information; and

(4) Why it is believed each item of information must be accorded confidential treatment and the anticipated prejudice should disclosure be made.

(c) Any information submitted to GEPA without a request for confidentiality in accordance with this section shall be considered a public record.

(d) Upon a satisfactory showing to the Administrator by any owner or operator that any records, reports, or information, or particular part thereof, other than emission data, to which the Administrator has access pursuant to these Standards and Regulations, contain information of a confidential nature, including information concerning secret processes or methods of manufacture, these records, reports, or information shall be kept confidential except that such records, reports, or information may be disclosed to other local and federal representatives concerned with carrying out these Standards and Regulations or when relevant in any proceeding pursuant to these Standards and Regulations. The contents of an air pollution control permit itself shall not be entitled to confidentiality protection.

(e) Any person who has claimed confidentiality for records, reports, or other information and whose claim was denied by the Administrator may obtain administrative review and subsequent judicial review of the denial pursuant to the Administrative Adjudication Law. Records which are the subject of a judicial review shall not be released until the judicial review is complete and only if the court authorizes such release.

(f) All requests for public records shall be in writing, shall be addressed to the Administrator, and shall identify or describe the character of the requested record. Upon approval by the Administrator, the requested public record shall be available to the requester for inspection and copying during established office hours. The Administrator shall charge the requester a reasonable cost for reproduction of any public record, but not less than Twenty-five Cents ($.25) per page, sheet or fraction thereof.

Section 1102.8. Reporting of Equipment Shutdown. (a) In the case of shutdown of required air pollution control equipment for necessary scheduled maintenance, the intent to shut down such equipment shall be reported to the Administrator at least twenty-four (24) hours prior to the planned shutdown. The prior notice shall include:

(1) Identification of the specific equipment to be taken out of service as well as its location and permit number;
(2) The expected length of time that the air pollution control equipment will be out of service;

(3) The nature and quantity of emissions of air pollutants likely to be emitted during the shutdown period;

(4) Measures such as the use of off-shift labor and equipment that will be taken to minimize the length of the shutdown period; and

(5) The reasons why it would be impossible or impractical to shut down the source operation during the maintenance period.

(b) The submittal of the notice shall not be a defense to an enforcement action.

Section 1102.9. Prompt Reporting of Deviations. (a) Except for emergencies which result in noncompliance with any technology-based emission limitation pursuant to §1104.17 for air pollution emission sources, in the event any emission unit, air pollution control equipment, or related equipment breaks down in such a manner as to cause the emission of air pollutants in violation of these Standards and Regulations or a permit, the owner or operator shall immediately notify GEPA of the failure or breakdown, unless the protection of personnel or public health or safety demands immediate attention to the failure or breakdown and makes such notification infeasible. In the latter case, the notice shall be provided as soon as practicable.

(b) The owner or operator shall provide the following information in writing within five (5) working days of the notification:

(1) Identification of emission points;
(2) Magnitude of the excess emissions;

(3) Time and duration of the excess emissions;

(4) Identity of the process or control equipment causing the excess emissions;

(5) Cause and nature of the excess emissions;

(6) Description of the steps taken to remedy the situation, prevent a recurrence, limit the excessive emissions, and assure that the breakdown does not interfere with the attainment and maintenance of the NAAQS and Guam ambient air quality standards;

(7) Documentation that the equipment or process was at all times maintained and operated in a manner consistent with good practice for minimizing emissions; and

(8) A statement that the excess emissions are not part of a recurring pattern indicative of inadequate design, operation, or maintenance.

Section 1102.10. Prevention of Air Pollution Emergency Episodes. (a) This section is designed to prevent the excessive buildup of air pollutants during air pollution episodes, thereby preventing the occurrence of any emergency due to the effects of these pollutants on the public health.

(b) Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exist whenever the Administrator determines that the accumulation of air pollutants in any place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead to a threat to the health of the public. In making this determination, the Administrator shall be guided by the criteria set forth in Subsections (c) to (g).

(c) If the national weather service issues an atmospheric stagnation advisory or if an equivalent local forecast of stagnant atmospheric conditions is issued, GEPA shall survey its monitoring stations to determine whether alert, warning, or emergency levels have occurred or are likely to occur.

(d) The alert level is that concentration of pollutants at which first stage control action is to begin. An alert shall be declared, health advisories issued, and source activities curtailed as ordered by the Administrator when any one of the following levels is reached:

(1) SO2 - 800 ug/m3 (0.3 ppm), twenty-four (24) hour average;
(2) PM10 - 350 ug/m3, twenty-four (24) hour average;

(3) SO2 and particulate matter combined - product of SO2, in ug/m3, twenty-four (24) hour average and PM10, in ug/m3, twenty-four hour (24) average equal to 65,000;

(4) CO - 17 mg/m3 (15 ppm), eight (8) hour average;

(5) Ozone - 400 ug/m3 (0.2 ppm), one (1) hour average; or

(6) NO2 - 1130 ug/m3 (0.6 ppm), one (1) hour average; 282 ug/m3 (0.15 ppm), twenty-four (24) hour average;

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

(e) The warning level indicates that air quality is continuing to degrade and that additional abatement actions are necessary. A warning shall be declared, health advisories issued, and source activities curtailed or terminated as ordered by the Administrator when any one of the following levels is reached:

(1) SO2 - 1,600 ug/m3 (0.6 ppm), twenty-four (24) hour average;
(2) PM10 - 420 ug/m3 , twenty-four (24) hour average;

(3) SO2 and particulate matter combined - product of SO2, in ug/m3, twenty-four-hour average and PM10, ug/m3, twenty-four (24) hour average equal to 261,000;

(4) CO - 34 mg/m3 (30 ppm), eight (8) hour average;

(5) Ozone - 800 ug/m3 (0.4 ppm), one (1) hour average; or

(6) NO2 - 2,260 ug/m3 (1.2 ppm), one (1) hour average; 565 ug/m3 (0.3 ppm), twenty-four-hour average;

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

(f) The emergency level indicates that air quality may have an impact on public health. An emergency shall be declared, health advisories issued, source activities terminated as ordered by the Administrator, and the public evacuated from the affected area if so recommended by the Administrator, civil defense, or the police department when the warning level for a pollutant has been exceeded and:

(1) The concentrations of the pollutant are continuing to increase;
(2) The Administrator determines that, because of meteorological conditions or other facts, the concentrations will continue to increase; or

(3) When one of the following levels is reached:

(A) SO2 - 2,100 ug/m3 (0.8 ppm), twenty-four-hour average;
(B) PM10 - 500 ug/m3, twenty-four hour average;

(C) SO2 and PM10 combined - product of SO2, ug/m3, twenty-four-hour average and PM10, ug/m3, twenty-four-hour average equal to 393,000;

(D) CO - 46 mg/m3 (40 ppm), eight-hour average;

(E) Ozone - 1,000 ug/m3 (0.5 ppm), one-hour average; or

(F) NO2 - 3,000 ug/m3 (1.6 ppm), one-hour average; 750 ug/m3 (0.4 ppm), twenty-four-hour average.

(g) Once declared, any episode level reached by application of these criteria shall remain in effect until the criteria for that level are no longer met. At that time, the next lower episode level shall be assumed.

Section 1102.11. Variances. (a) Variances and variance applications shall comply with §49110 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated, except that no variance shall prevent or interfere with the maintenance or attainment of NAAQS. Any application for a variance shall include a calculation and description of any change in emissions and the expected ambient air quality concentrations.

(b) Under no circumstances shall a variance from any federal regulations or federally enforceable air pollution control permit terms or conditions be granted.

Section 1102.12. Penalties and Remedies. Any person who violates any provision of these Standards and Regulations, any term or condition of a permit shall be subject to the penalties and remedies provided for in §49116 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated

Section 1102.13. Severability. If any provision of these Standards and Regulations or their application to any person or circumstance is held invalid, the application of such provision to other persons or circumstances and the remainder of these Standards and Regulations shall not be affected thereby.

Section 1102.14. Hearings. Any person who received an order from the Administrator as authorized by the Air Pollution Control Act, or whose permit application is disapproved or denied by the Administrator, or is adversely affected by a decision of GEPA may have appeal or judicial review rights as provided for in §49111 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated.

Section 1103 - General Prohibitions and Standards

Section 1103.1. Applicability. (a) All owners or operators of an air pollution emission sources and mobile sources are subject to the requirements of this Section, whether or not the source is required to obtain an air pollution control permit.

Section 1103.2. Guam Ambient Air Quality Standards.

(a) The following air quality standards are the maximum desirable levels of ambient air quality for Guam. The Guam primary ambient air quality standards define levels of air quality which the Administrators judges are necessary, with an adequate margin of safety, to protect the public health. Guam secondary ambient air quality standards define levels of air quality which the Administrator judges necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant.

(1) Sulfur dioxide.
(A) The Guam primary ambient air quality standards for sulfur dioxide are:

(i) 80 ug/m3 (0.03 ppm) - annual arithmetic mean; and
(ii) 365 ug/m3 (0.14 ppm) - maximum twenty four (24) hour average concentration not to be exceeded more than once per year.

(B) The Guam secondary ambient air quality standard for sulfur dioxide is:

(i) 1300 ug/m3 (0.5 ppm) - maximum three (3) hour average concentration not to be exceeded more than once per year.

(2) Particulate Matter. The Guam primary and secondary ambient air quality standards for particulate matter, measured as PM10 are:

(A) 150 ug/m3 - maximum twenty four (24) hour average concentration not to be exceeded more than once per year; and
(B) 50 ug/m3 - annual arithmetic mean concentration.

(3) Carbon Monoxide. The Guam primary ambient air quality standards for carbon monoxide are:

(A) 10 mg/m3 (9 ppm) - maximum eight (8) hour average concentration not to be exceeded more than once per year;
(B) 40 mg/m3 (35 ppm) - maximum one (1) hour average concentration not to be exceeded more than once per year.

(4) Ozone. The Guam primary and secondary ambient air quality standards for Ozone is:

235 ug/m3 (0.12 ppm) - maximum 1-hour average concentration not to be exceeded more than once per year.

(5) Nitrogen Dioxide. The Guam primary and secondary ambient air quality standard for nitrogen dioxide is:

100 ug/m3 (0.053 ppm) - annual arithmetic mean concentration.

(6) Lead. The Guam primary and secondary ambient air quality standard for lead is:

1.5 ug/m3 - maximum arithmetic mean averaged over a calendar quarter.
(b) The promulgation of these ambient air quality standards shall not be considered in any manner to allow significant deterioration of existing air quality in any portion of Guam.

(c) All measurements of air quality are corrected to a reference temperature of 25 ºC and to a reference pressure of 760 millimeters of mercury (1013.2 millibars).

(d) Measurements for Guam ambient air quality standards shall be determined using methods presented in 40 CFR Part 50, as amended, including the appropriate appendices, or any other method approved by the Administrator.

Section 1103.3. Visible emissions. (a) No person shall cause or permit the continuous emission of visible air pollutants of a density equal to or darker than twenty (20%) per cent opacity, except as provided in Subsections (b) and (c).

(b) Except as provided in Subsection (c), no person shall cause or permit the discharge into the atmosphere from any single source of emission, for a period aggregating not more than three (3) minutes in any sixty (60)minutes period, air pollutants of a density darker than sixty (60%) per cent opacity, except for operations specifically authorized by GEPA through a variance as provided in §1102.11.

(c) Emissions of uncombined water, such as water vapor, are exempt from the provisions of Subsections (a) and (b), and do not constitute a violation of this Section.

Section 1103.4. Fugitive Dust. (a) No person shall cause or permit visible fugitive dust to become airborne without taking reasonable precautions. Examples of reasonable precautions are:

(1) Use of water or suitable chemicals for control of fugitive dust in the demolition of existing buildings or structures, construction and retrofitting operations, the grading of roads, or the clearing of land;
(2) Application of asphalt, water, or suitable chemicals on roads, material stockpiles, and other surfaces which may allow release of fugitive dust;

Installation of appurtenances that provide an enclosure and ventilation for all crushing, aggregate screening, and conveying of material likely to become airborne;
(4) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Reasonable containment methods shall be employed during sandblasting, spray painting, or other similar operations;

(5) Covering all moving, open-bodied trucks transporting materials which may release fugitive dust;

(6) Conducting agricultural operations, such as tilling of land and the application of fertilizers, in such manner as to reasonably minimize fugitive dust;

(7) Maintenance and sealing of road-ways and parking lots so as to prevent the exposure of such surfaces to wind, water, or vehicular travel erosion; and

(8) Prompt removal of earth or other materials from paved streets which have been transported there by trucking, earth-moving equipment, erosion, or other means.

(b) Except for persons engaged in agricultural operations or persons who can demonstrate to the Administrator that the best practical operation or treatment is being implemented, no person shall cause or permit the discharge of visible fugitive dust beyond the property lot line on which the fugitive dust originates.

Section 1103.5. Motor Vehicles - Importation. (a) No person shall import any motor vehicle or motor vehicle engine into Guam, unless such motor vehicle or motor vehicle engine is in accordance with the Air Pollution Control Act as amended or is granted an exception under Subsection (i) or (n).

(b) The importer or consignee shall declare to the Director in duplicate on EPA Form 3520-1, and submit a copy to GEPA and the Director, the following information:

(1) The name and address of the importer and the consignee;
(2) The make, model, and model year of the vehicle or engine;

(3) The vehicle identification numbers of such vehicle or the serial number of such engine (if not chassis mounted);

(4) The date of entry, the vessel or carrier of importation, the port or point of entry, and the entry number (where applicable); and

(5) A statement that the motor vehicle belongs to one of the categories of EPA Form 3520-1 or furnish to the Director a written exception under Subsections(i) or (n).

(c) No person shall import a 1968, 1969, or 1970 model year motor vehicle or motor vehicle engine without a certificate of conformity issued by the United States Department of Health, Education and Welfare, or by the USEPA or be granted an exception under Subsection (i) or (n).

(d) No person shall import a 1971 or subsequent year motor vehicle or motor vehicle engine without a certificate of conformity issued by USEPA and a certification label or be granted an exception under Subsection (i) or (n).

(e) The Director shall allow the importation of a motor vehicle or motor vehicle engine not covered by a certificate of conformity, if the motor vehicle or motor vehicle engine is being imported solely for the purpose of display and will not be sold or operated on Guam public streets or roads.

(f) The Director shall allow the importation of a motor vehicle or motor vehicle engine not covered by a certificate of conformity if the importer or consignee is a member of the armed forces of a foreign country, a member of the secretariat of a public international organization or a member of the personnel of a foreign government on assignment in Guam who come within a class of persons or whom free entry of motor vehicles has been authorized by the Department of State and the motor vehicle will not be sold.

(g) The Director shall allow the importation of a motor vehicle or motor vehicle engine not covered by a certificate of conformity if the importer or consignee is a nonresident of the United States importing such motor vehicle or motor vehicle engine for personal use for not more than one (1) year from date of entry, the motor vehicle or motor vehicle engine will not be sold and the motor vehicle or motor vehicle engine will be deported one year from date of entry.

(h) The Director shall allow the importation of a motor vehicle or motor vehicle engine intended solely for export provided the motor vehicle or motor vehicle engine is not allowed to leave the premises of the Port Authority of Guam.

(i) The following are not subject to the requirements of this Section:

(1) Motor vehicles manufactured before 1968;
(2) Non-chassis mounted engines to be used in light-duty vehicles;

(3) The motor vehicles, or motor vehicle engines manufactured before January 1, 1970 for use in heavy-duty vehicles;

(4) Light-duty vehicles not powered by gasoline (if diesel fueled, only for 1974 and earlier models);

(5) Motorcycles manufactured before January 1, 1978;

(6) Racing vehicles not to be operated on public streets or highways;

(7) Motor vehicles which exhibit one of these features conflicting with safe highway use:

(i) No reverse gear (except motorcycles);
(ii) No differential gear;

(iii) Tracks instead of tires;

(iv) Of an in inordinate size;

(v) Cannot exceed a speed of twenty five (25) miles per hour over level paved surfaces, or

(vi) Has armor or weaponry associated with military combat;

(8) Vehicle eligible for one-time personal exemption provided the vehicle is:

(i) The first nonconforming motor vehicle imported by the individual;
(ii) Fully owned by the importer or consignee (not a business);

(iii) Not for resale for two (2) years; and

(iv) Five (5) year old or older.

Individuals immigrating to Guam are eligible for the one time personal exemption under the same conditions except no limit on age of the vehicle.

(j) The Administrator shall notify the Department of Revenue and Taxation in writing of any motor vehicle imported under the one-time personal exemption. The Department of Revenue and Taxation shall maintain a listing of vehicles imported under the provision of one-time personal exemption and not allow transfer of registration for two (2) years.

(k) The Director shall conditionally allow the importation of a motor vehicle or motor vehicle engine under bond for which an application for certification of conformity is pending before the USEPA Administrator provided that the importer or consignee submits a written request to the Administrator, stating:

(1) Identification of 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 of the person responsible for custody of the motor vehicle or motor vehicle engine.

(l) The Director shall allow the importation of a motor vehicle or motor vehicle engine, for which a certificate for conformity has been issued by USEPA, but the certification label is not mounted, provided that the importer or consignee submits documentation to the Administrator stating that the motor vehicle or motor vehicle engine year model belongs to a family of motor vehicles certified by USEPA and that the motor vehicle or motor vehicle engines equipped with the equipment required in the certification as verified by the Administrator.

(m) The Director shall conditionally allow the importation of a motor vehicle or motor vehicle engine for which a certificate of conformity has been issued by USEPA, but the motor vehicle is being imported from areas outside North America, (U.S., Mexico, and Canada) or from a country where unleaded gasoline is not widely distributed, under bond for the purpose of replacing the oxygen sensing device and the catalytic converter.

(n) The Director shall conditionally allow the importation of a motor vehicle or motor vehicle engine for which a certificate of conformity has not been issued by USEPA under bond for the purpose of making repairs to the motor vehicle or motor vehicle engine.

(o) The Director shall conditionally allow the importation of a motor vehicle or motor vehicle engine under bond, for which a certificate of conformity has been issued by USEPA but the equipment and certification label has not yet been installed, for the purpose of retrofitting the equipment required in certification, if the importer or consignee:

(1) Submits a written request to the Administrator stating:
(i) Identification of the location such vehicle will be stored (not on the premised of any dealer); and
(ii) The name of the person responsible for custody of the motor vehicle or motor vehicle engine; and

(2) Certifies the person will retrofit the motor vehicle or motor vehicle engine according to the instructions obtained from the manufacturer's U.S. representative.

(p) For conditional entry of motor vehicles under bond, the importer or consignee shall give a bond equal to but not less than one-half (1/2) the value of the motor vehicle or motor vehicle engine and that bond shall not be released to the importer or consignee until such time that the provisions of this Section are fulfilled and a written recommendation from the Administrator or his designee is obtained stating that the Director may release the bond.

(q) Release under bond. If entry is being make under bond, the entry shall be accepted only if the importer or consignee gives a bond equal to not less than one-half the value of the motor vehicle, containing the bond conditions set forth in this Section, for the production of a declaration from the Administrator that the vehicle is in conformity with Federal emission standards. Within ninety (90) days after such entry, or such additional period as the Director may allow for good cause shown, the importer or consignee shall deliver to the Director the prescribed declaration. If the declaration is not delivered within ninety (90) days of the date of entry or such additional period as may be allowed by the Director, for good cause shown, the importer or consignee shall deliver or cause to be delivered to the Director those motor vehicles or motor vehicle engines which were released in accordance with this paragraph. In the event that any such motor vehicle or motor vehicle engine is not redelivered within five (5) working days following the date specified in the preceding sentence, liquidated damages shall be assessed in the full amount of the bond and the vehicle will be subject to confiscation by the Director.

(r) Merchandise refused entry. If a motor vehicle is denied entry under the provision of this Section, the Director shall refuse to release the merchandise for entry into Guam and shall give notice of such refusal to the importer.

(s) Disposition of merchandise refused entry into Guam.

Motor vehicles or motor vehicle engines denied entry under this Section or which are redelivered in accordance and which are not exported under supervision of the Director within ninety (90) days from the date of notice of refusal of admission or date of redelivery shall be disposed of under the Director, provided that any such disposition shall not result in an introduction to Guam of a motor vehicle or motor vehicle engine not covered by a certificate of conformity with Federal motor vehicle emission standards.

Section 1103.6. Motor vehicles - Emission Requirements.

(a) No person shall intentionally remove, alter or otherwise render ineffective or inoperative, exhaust emission control, crank case ventilation or any other air pollution control device or system which has been installed on a motor vehicle or stationary internal combustion engine as a requirement of any federal law or regulation.

(b) No person shall operate a motor vehicle or other internal combustion engine originally equipped with air pollution devices or systems as required by federal law or regulation, unless such devices or systems are in place and in operating condition.

(c) No person shall cause or permit the emission of visible air pollutants from gasoline-powered motor vehicles for longer than five (5) consecutive seconds.

(d) No person shall cause or permit the emission of visible air pollutants for diesel powered light-duty vehicles of a density equal to or darker than twenty per cent (20%) opacity for longer than five (5) consecutive seconds.

(e) Diesel powered heavy-duty vehicle emission requirements.

(1) No 1974 or subsequent model year diesel powered heavy-duty vehicle with a Federal peak smoke engine certification level of thirty five percent (35%) peak opacity or less operating on any roadway on Guam shall exceed forty percent (40%) peak smoke opacity when tested in accordance with this Section unless its engine is exempted under Subsections (3) or (4).
(2) No other diesel powered heavy duty vehicle operating on any roadway on Guam, including pre-1974 model-year vehicles shall exceed fifty five percent (55%) peak smoke opacity when tested in accordance with this Section unless its engine is exempted under Subsections (3) or (4).

(3) The Administrator shall exempt from the requirements of Subsections (1) and (2) any engine family that he determines exhibits idle test results greater than forty percent (40%) under Subsection (1) or fifty five percent (55%) under Subsection (2) when in good operating condition and adjusted to manufacturer's specifications. Such engine family(s) must comply with the technologically appropriate higher opacity standard determined by the Administrator from a review of the data obtained from engines in good operating condition and adjusted to manufacturer's specifications.

(4) The Administrator shall exempt from the requirements of Subsections (1) and (2) any 1991 and earlier model year diesel powered heavy duty vehicles equipped with carryover add-on after market turbocharger kits approved by GEPA, that he determines exhibit snap-idle test results greater than forty percent (40%) under Subsection (1) or Fifty-five (55%) percent under Subsection (2) when in good operating condition and adjusted to manufacturer's specifications. Such vehicles must comply with the technologically appropriate higher opacity standard determined by the Administrator from a review of the data obtained from engines in good operating condition and adjusted to manufacturer's specifications.

In the event that a 1974 or later model-year diesel powered heavy-duty vehicle engine identification cannot be obtained by the inspector in order to determine the Federal smoke certification level, the owner, within thirty (30) days of the inspection, shall provide GEPA with the engine identification information. If the owner fails to comply with this requirement, it is conclusively presumed for the purpose of compliance with this Section that the vehicle has a Federal peak smoke certification level equal to or less than thirty five percent (35%) peak smoke opacity and that the peak smoke opacity standard is forty percent (40%).
The test procedures and smoke opacity measurement equipment shall comply with the standards and specifications of the Society of Automotive Engineers procedure J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles," Issued 1996-02, as updated, which is incorporated herein by reference.

(f) Responsibilities of drivers during test procedures.

The driver of a diesel powered heavy-duty vehicle selected to undergo the inspection procedure shall do all of the following:
(A) Drive the vehicle to the inspection site upon direction of an officer;

(B) Perform the test procedure upon request by an inspector;

(D) Permit an emission control system inspection upon the request of the inspector; and

(E) Sign the citation to acknowledge its receipt and the smoke test results to acknowledge performance of the test procedure.

The inspector in performing the inspection procedure shall do all of the following:

(1) If the driver refuses to submit to the inspection procedure, advise the driver that such refusal is a violation of these Standards and Regulations;

(2) Obtain engine identification information from a vehicle when tested pursuant to Subsection (e) to determine which opacity standard specified in Subsections (e)(1) and (e)(2) would apply;

(3) Issue a copy of the citation to the driver of a vehicle that fails the test procedure or the emission control system inspection; and

(4) Issue a warning to the owner of a diesel powered heavy-duty vehicle missing its emission control label that the engine serial or identification number must be provided to GEPA within thirty (30) days or it will be conclusively presumed that the vehicle has a certification level equal to or less than thirty five percent (35%) peak smoke opacity.

(g) For the purposes of Subsections (e) and (f), "inspector" and "officer" shall mean any authorized agent of the Administrator, including representatives of other government of Guam agencies, when an agreement is established between GEPA and the other agency which allows such authorizations.

(h) No person shall cause or permit the use of any motor vehicle which becomes mechanically deficient so as to cause the emission of visible air pollutants greater than allowed in this Section.

(i) Penalties.

(1) Penalties shall not exceed One Thousand Dollars ($1,000.00) per day of violation.
(2) Failure to comply with this Section shall subject the owner to suspension or cancellation of the registration and inspection sticker for the vehicle by the Department of Revenue and Taxation.

(j) The violator can apply for waiver of prosecution by the Administrator, not to exceed forty five (45) days in duration. To be considered for a waiver, the violator shall immediately notify the Administrator of the deficiency, and provide a statement giving all pertinent facts, including the reason for the violation, the attempts made to correct the deficiency, any difficulties encountered when correcting the situation, and the estimated date of the correction of the deficiency.

Section 1103.7. Incineration. (a) No person shall cause or permit the emissions of particulate matter to exceed 0.20 pounds per one hundred pounds (two grams per kilogram) of refuse charged from any incinerator.

(b) All required emission tests shall be conducted at the maximum burning capacity of the incinerator or at other capacities, as approved by the Administrator.

(c) The burning capacity of an incinerator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be determined by the Administrator.

(d) For the purposes of this Section, the total of the capacities of all furnaces within one system shall be considered as the incineration capacity.

Section 1103.8. Biomass Fuel Burning Boilers. No person shall cause or permit the emissions of particulate matter from each biomass burning boiler and its drier or driers in excess of 0.40 pounds per one hundred pounds of biomass as burned.

Section 1103.9. Process industries. (a) No person shall cause or permit the emission of particulate matter in any one hour from any stack or stacks, except for incinerators and biomass fuel burning boilers, in excess of the amount determined by the equation E = 4.10 pO.67, where

E = rate of emission in pounds per hour, and

p = process weight rate in tons per hour,

except that no rate of emissions shall exceed forty pounds per hour regardless of the process weight rate.

(b) Process weight per hour is the total weight of all materials introduced into any specific process that may cause any emission of particulate matter through any stack or stacks. Solid fuels charged shall be considered as part of the process weight, but liquid and gaseous fuels and combustion air shall not. For a cyclical or batch operation, the process weight per hour shall be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, including any time during which the equipment is idle. For a continuous operation, the process weight per hour shall be derived for a typical period of time by the number of hours of the period.

(c) Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation, the interpretation that results in the minimum value for the allowable emission shall apply.

(d) For purposes of this Section, a process is any method, reaction, or operation whereby materials introduced into the process undergo physical or chemical change. A specific process is one which includes all of the equipment and facilities necessary for the completion of the transformation of the materials to produce a physical or chemical change. There may be several specific processes in series necessary to the manufacture of a product. However, where there are parallel series of specific processes, the similar parallel specific processes shall be considered as a single specific process.

Section 1103.10. Sulfur Oxides from Fuel Combustion. (a) No person shall burn any fossil fuel containing in excess of two (2%) percent sulfur by weight, except for fuel used in ocean-going vessels.

(b) If there is an air quality violation attributable to a source(s) of sulfur dioxide (SO2) in a current or prior SO2 nonattainment area, the source(s) must permanently reduce either its/their fuel sulfur content or output capacity by the same percentage as the violation, (i.e. by the same percentage as the measured violation is in excess of an applicable federal SO2 ambient air quality standard). Accordingly, the reduced fuel, output, or emission limitation will become part of the modified operating permit.

(c) Power Plants within the Cabras/Piti area must comply with the Cabras/Piti Area Intermittent Control Strategy (CPAICS) as required by the 69.11 (a)(3)(i) of 40 CFR Part 69 Subpart A, as amended, and any modification to the CPAICS approved by USEPA as defined in 69.11(a)(3)(ii).

(d) If compliance with these standards is to be accomplished by means of removal of sulfur dioxide from the flue gases, the owner or operator of the source must provide for the necessary monitoring equipment, and sample such emissions in accordance with methods specified by the Administrator.

Section 1103.11. Open Burning. (a) No person shall dispose of combustible material by open burning, or cause, suffer, allow, or permit open burning of combustible material within Guam, except as provided in Subsections (b) through (e).

(b) In areas where no public or commercial refuse collection service is available on the effective date of this regulation, open burning of refuse on residential premises, or refuse originating from dwelling units on premises, shall be allowed provided such burning does not violate any existing laws, standards, or regulations of Guam, until refuse collection becomes available.

(c) Exceptions herein may be allowed upon application and approval by the Administrator provided the burning is not prohibited by, or is conducted in compliance with, other applicable laws, Standards and Regulations. Exception to conduct open burning under the provision of this regulation does not excuse a person from the consequences, damages, or injuries which may result therefrom. The following are exceptions for which application may be make:

(1) Fires purposely set for the purpose of prevention of a fire hazard which cannot be abated by any other means;
(2) Fires set for instruction in the method of fighting fires;

(3) Fires for decorative, ceremonial and recreational purposes;

(4) The burning of hydrocarbons which must be wasted through the use of atmospheric flares or open burning;