Chapter 49

10 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT CHAPTER 49 AIR POLLUTION CONTROL ACT SOURCE: Chapter 49 was repealed and reenacted by P.L. 24-0 40:2 (June 20, 1997). § 49101. Title. § 49102. Statement of Policy. § 49103. Definition. § 49104. Powers and Duties of the Agency. § 49105. Powers and Duties of the Administrator. § 49106. Monitoring and Reporting Required. § 49107. Air Pollution Control Permit Program. § 49108. Inspections, Testing and Sampling. § 49109. Emission Control Requirements. § 49110. Variances. § 49111. Hearings. § 49112. General Enforcement. § 49113. Emergency Orders. § 49114. Confidentiality of Information. § 49115. Injunction. § 49116. Penalties. § 49117. Motor Vehicle Pollution Control. § 49118. Time Frame and Implementation. § 49119. Ultra-Law Sulfur Diesel Fuel Standard. § 49120. Severability. § 49101. Title. This Chapter shall be known as the Air Pollution Control Act. § 49102. Statement of Policy. It is hereby declared to be the public policy of th is Territory and the purpose of this Chapter to achieve and main tain the levels of air quality that will protect human health and s afety, and to the greatest degree practicable, prevent injury to

h is Territory and the purpose of this Chapter to achieve and main tain the levels of air quality that will protect human health and s afety, and to the greatest degree practicable, prevent injury to plan t and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this Territory and facilitate the enjoyment of the natural attract ions of this Territory. COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT To these ends, it is the purpose of this Chapter to provide for a coordinated Territory-wide program of air polluti on prevention, abatement, and control and to provide a framework w ithin which all values may be balanced in the public interest. § 49103. Definitions. As used in this Chapter: (a) Administrator means the Administrator of the Guam Environmental Protection Agency, or the Administrat or's designee. (b) Agency means the Guam Environmental Protection Agency. (c) Air Pollutant means any air pollution agent or combination of such agents, including any physical; chemical; biological; radioactive, inclusive of sou rce material special nuclear material, and byproduct ma terial; substance; or

ollution agent or combination of such agents, including any physical; chemical; biological; radioactive, inclusive of sou rce material special nuclear material, and byproduct ma terial; substance; or matter which is emitted or otherwise enters the ambient air. The term includes any precursors to th e formation of any pollutant, to the extent that the agent or combination of such agents is identified in any Fed eral or Territory rules as precursors. (d) Air Pollution means the presence in the outdoor atmosphere of one (1) or more substances in such qu antities and duration as is, or tends to be, injurious to hu man health, welfare, plant life, animal life, or property, or w ould unreasonably interfere with the enjoyment of life o r property. (e) Air Pollution Emission Source means property, real or personal, which emits, or may emit, air pollutio n. (f) Applicable Requirements means any standard or other requirement, term or condition, adopted by th e Administrator through regulation. (g) Clean Air Act means the Federal Clean Air Act of 1963, as amended. (h) Compliance Plan means a plan which includes a description of how a source proposes to comply with all applicable requirements

g) Clean Air Act means the Federal Clean Air Act of 1963, as amended. (h) Compliance Plan means a plan which includes a description of how a source proposes to comply with all applicable requirements pursuant to this Chapter, a nd COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT includes a schedule of compliance and a schedule un der which the permittee will submit progress reports to the Agency. (i) Emission means a release of air pollutants into the outdoor atmosphere. (j) Fugitive Emissions means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. (k) Hazardous Air Pollutant means those hazardous air pollutants listed in '112(b) of the Clean Air Act, as amended, 42 United States Code '7412(b), and any other pollutant designated by Federal or Territory rules as hazardo us. (l) Major Source means any air pollution emission source, or any group of sources, that is located on one (1) or more contiguous properties or adjacent properties, and is under common control of the same person or persons, and that emits or has the potential to emit, considerin g controls: (1) any hazardous air pollutant,

uous properties or adjacent properties, and is under common control of the same person or persons, and that emits or has the potential to emit, considerin g controls: (1) any hazardous air pollutant, except radionuclides, in the aggregate if ten (10) tons pe r year or more, including fugitive emissions, or twenty-fi ve (25) tons per year or more of any combination, incl uding fugitive emissions or such lesser quantity as the Administrator may establish by rule; or (2) one hundred (100) tons per year or more of any air pollutant belonging to a single major industria l grouping, including fugitive emissions, as establis hed by the Administrator by rule; or (3) for radionuclides, major source shall have the meaning specified by the United States Environmenta l Protection Agency ( AUSEPA @) Administrator by rule. (m) Owner or Operator means any person who owns, leases, operates, controls or supervises an air pol lution emission source. (n) Permit means written authorization from the Administrator to construct, modify, relocate or ope rate an air COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT pollution emission source.

mit means written authorization from the Administrator to construct, modify, relocate or ope rate an air COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT pollution emission source. A permit authorizes the permittee to cause or allow the emission of an air pollutant in a specified manner or amount, or to do any act, not f orbidden by this Chapter or by rules adopted pursuant to the Chapter. (o) Person means any individual, partnership, firm, association, municipality, public or private corpor ation, subdivision, or agency of the Territory, trust, est ate or any other legal entity. (p) Pollution Prevention means the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source. (q) USEPA Administrator means the Administrator of the United States Environmental Protection Agency, or his designee. § 49104. Powers and Duties of the Agency. The Agency is authorized and directed to: (a) hold hearings related to any aspect of, or matt er in the administration of, this Chapter, and in connect ion therewith, compel the attendance of witnesses and t he production of evidence; (b) require access to records relating to emissions

r matt er in the administration of, this Chapter, and in connect ion therewith, compel the attendance of witnesses and t he production of evidence; (b) require access to records relating to emissions , which cause or contribute to air pollution; (c) prepare and develop a comprehensive plan for prevention, abatement and control of air pollution in this Territory; (d) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Cha pter; (e) encourage and conduct studies, investigations, and research relating to air pollution and its causes, effects, prevention, abatement and control; (f) determine, by means of field studies and sampli ng, the degree of air contamination and air pollution i n the Territory; COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (g) establish ambient air quality standards for the Territory; (h) collect and disseminate information and conduct educational and training programs relating to air p ollution; (i) delegate those responsibilities and duties, as appropriate for the purpose of administering the re quirements of this Chapter; (j) advise, consult, contract and cooperate with ot her agencies of the

delegate those responsibilities and duties, as appropriate for the purpose of administering the re quirements of this Chapter; (j) advise, consult, contract and cooperate with ot her agencies of the Territory, industries, the Federal government and with interested persons or groups; (k) consult, upon request, with any person proposin g to construct, install, or otherwise acquire, an air po llutant source, device or system on the air pollution probl em, which may be related to the source, device or system. Not hing in any consultation shall be construed to relieve any person from compliance with this Chapter, or any other pro vision of law; (l) carry out a program of inspection and testing o f all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable, and to control or limit the operation of motor vehicles and other modes of transportation, when in the opinion of the Agency, the modes of transportation are producing, or pose an immediate danger of producing , unacceptable levels of air pollutants; (m) establish and administer a Territory-wide air pollution control permit program; (n) delay or prevent any construction,

se an immediate danger of producing , unacceptable levels of air pollutants; (m) establish and administer a Territory-wide air pollution control permit program; (n) delay or prevent any construction, modification or operation of air pollution sources and modification s which, in the opinion of the Agency, would cause the ambie nt air pollution level in the locality of construction, mo dification or operation, to exceed limit for ambient concentratio n established by the Territory of Guam implementation plan promulgated pursuant to the Clean Air Act, or which construction, modification or operation would, in t he opinion COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT of the Agency, violate any provision of any land us e plan established by the Territory of Guam implementation plan; (o) prepare, adopt, promulgate, amend, rescind, rep eal and enforce any other rules and regulations as may be necessary to establish additional requirements whic h may be at least equivalent to, or more stringent or broade r in scope than, the requirements of the Clean Air Act and reg ulations promulgated pursuant to the Clean Air Act that are applicable to Guam; (p) do all things

valent to, or more stringent or broade r in scope than, the requirements of the Clean Air Act and reg ulations promulgated pursuant to the Clean Air Act that are applicable to Guam; (p) do all things necessary and convenient to prepa re and submit a plan, or plans, for the implementation, ma intenance and enforcement of each primary and secondary ambie nt air quality standard for any pollutant established purs uant to the Clean Air Act; (q) establish and collect fees for conducting inspe ctions and laboratory analyses, as necessary, for the purp ose of carrying out this Chapter. (r) establish, as directed by the Board of Director s, a task force for conducting research on the issue of Guam’s transition to the use of ultra-low sulfur diesel (U LSD); and to analyze the information that surfaces from said res earch, with specific consideration of all related factors, incl uding, but not limited to, the transition to ULSD in the mainland U.S.; the exemptions in place for Guam and the regional islan ds; the overall cost impact for suppliers and consumers, in cluding individuals paying at the pump and affected agencie s of the government of Guam; infrastructure needs; the impac t this

ional islan ds; the overall cost impact for suppliers and consumers, in cluding individuals paying at the pump and affected agencie s of the government of Guam; infrastructure needs; the impac t this transition will have to the Marianas region; supply sources for Guam; local and regional demand; a general time line reflecting Guam’s transition to ULSD; and the estab lishment of any necessary benchmark dates for the transition period. This task force shall be comprised of members of the public and private sector and shall meet bi-weekly until such time that a written report of its findings and recommendations is submitted to I Liheslatura , which shall be done no later than December 1, 2010. SOURCE: Subsection (r) added by P.L. 30-184:3 (Aug. 28, 20 10). COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT § 49105. Powers and Duties of the Administrator. The Administrator shall have and may exercise the f ollowing powers and duties: (a) to consider actions of the agency as set forth in § 49104 of this Chapter, and shall take actions as ne cessary to protect human health, welfare or the environment; (b) to issue, amend, rescind and enforce orders as may be necessary

as set forth in § 49104 of this Chapter, and shall take actions as ne cessary to protect human health, welfare or the environment; (b) to issue, amend, rescind and enforce orders as may be necessary to ensure compliance with any of the p rovisions of this Chapter, or of any rules and regulations is sued pursuant to this Chapter including, but not limited to, the issuance of an administrative penalty order and req uiring the taking of whatever remedial measures may be necessa ry or appropriate to implement or effectuate the provisio ns and purposes of this Chapter; (c) to establish an effective enforcement system fo r the prevention, control and abatement of air pollution, including specific requirements under the air pollution contr ol permit program through all appropriate administrative and judicial courses of action; (d) to issue, continue in effect, modify, revoke, r eissue or deny permits as the Agency may prescribe; (e) to assure compliance by all sources required to have a permit with each applicable standard, regulation or requirement provided by Federal or Territorial stat utes or rules; and (f) to accept, receive and administer grants and ot her funds or fees from

a permit with each applicable standard, regulation or requirement provided by Federal or Territorial stat utes or rules; and (f) to accept, receive and administer grants and ot her funds or fees from public and private agencies, inc luding the Federal government, for carrying out any of the pur poses of this Chapter. § 49106. Monitoring and Reporting Required. The Administrator may require an owner or operator of any source, on a continuous, periodic or one-time basis to: (a) establish, maintain and submit records; (b) draft reports; COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (c) install, use and maintain monitoring equipment, and use audit procedures or methods; (d) sample emissions in accordance with such procedures or methods at such location, at such int ervals, during periods and in the manner prescribed by the Administrator; (e) keep records on the source and the control equi pment parameters, production variables or other indirect data when direct monitoring is impractical; (f) sample and analyze the composition of the fuel, waste, or other products being burned or incinerate d; (g) submit compliance certifications; and (h) provide other information

ring is impractical; (f) sample and analyze the composition of the fuel, waste, or other products being burned or incinerate d; (g) submit compliance certifications; and (h) provide other information as the Agency may require. § 49107. Air Pollution Control Permit Program. (a) Program Applicability. (1) The Administrator shall determine which air pollution emission sources shall be obligated to ap ply for, and obtain, air pollution control permits. At a min imum the Administrator shall require a permit for any air po llution emission source that is classified as a major sourc e, or is required to obtain a permit by any applicable stand ard, regulation or requirement provided by Federal or Te rritory statutes or rules. (2) Beginning thirty (30) days after the effective date of the revised Guam Air Pollution Control Standards an d Regulations pursuant to this Section, any person wh o sells any air pollution emission source, which must be pe rmitted pursuant to the Guam Air Pollution Control Standard s and Regulations, shall notify the purchaser of the perm it requirements pursuant to this Chapter.

ution emission source, which must be pe rmitted pursuant to the Guam Air Pollution Control Standard s and Regulations, shall notify the purchaser of the perm it requirements pursuant to this Chapter. (3) Provided a permit is required, no person may be gin or continue construction, reconstruction, modificat ion, relocation, nor begin or continue operation of an a ir pollution COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT emission source, without first applying for, and ob taining, a valid air pollution control permit from the Adminis trator. (4) Permits being renewed shall be subject to the s ame procedural requirements that apply to initial permi t issuance, including the procedures of Federal oversight and p ublic participation. (5) Permit expiration terminates the source's right to operate, unless a timely and complete renewal appli cation is submitted to the Agency. To be deemed complete, an application must provide all information required o r requested by the Administrator. (6) If a timely and complete renewal application is submitted, the source's ability to operate without a permit after the expiration date is conditioned on the own er or operator

y the Administrator. (6) If a timely and complete renewal application is submitted, the source's ability to operate without a permit after the expiration date is conditioned on the own er or operator acting consistently with the permit previo usly granted, or in accordance with the plans, specifica tions and other information submitted as a part of the renewa l application. The previous permit terms and conditio ns will remain enforceable by the Administrator. (7) If, while processing an application that has be en determined or deemed to be complete, the Agency determines that additional information is necessary to evaluate, or take final action on that application, the Agency will inform the source of the additional informatio n required and set a reasonable deadline for a response. Failu re to submit the information within the specified time pe riod may result in denial of the permit. (b) Permit Applications. (1) Every application shall contain sufficient information for the Administrator to determine and impose all applicable requirements. Every application shal l include a compliance certification, plan and, if applicable, a schedule.

ain sufficient information for the Administrator to determine and impose all applicable requirements. Every application shal l include a compliance certification, plan and, if applicable, a schedule. The Agency may require that permit applications be accompanied by other plans, specifications, meteoro logical monitoring data, ambient air quality monitoring dat a, and other information necessary to identify the source, air emissions and the air quality impacts to determine whether COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT the proposed installations, modification or operati on will be in accordance with applicable rules and standards. (2) The Agency, by regulation, will specify when a proposed permit offered for public comment shall be subject to Federal oversight and public participation. (c) Permit Conditions. (1) The Administrator shall issue a permit, if it i s determined that the sources will comply with all requirements of this Chapter, and the rules and sta ndards adopted pursuant to this Chapter. (2) Each permit shall contain and require complianc e with all applicable Federal requirements, and must contain monitoring, record keeping and reporting

sta ndards adopted pursuant to this Chapter. (2) Each permit shall contain and require complianc e with all applicable Federal requirements, and must contain monitoring, record keeping and reporting requiremen ts sufficient to assure compliance with applicable Fed eral requirements. Each limitation, control and requirem ent in the permits shall be permanent, quantifiable and otherw ise enforceable as a practical matter. The permit may a lso be subject to such additional reasonable conditions as the Administrator may prescribe to ensure compliance, i ncluding emission limitations, and control technology requir ements. (3) The Administrator may require pollution prevent ion audits, or the implementation of pollution preventi on measures to ensure that emissions are reduced or el iminated when feasible. (d) Other Permit Actions. (1) The Administrator, on the Administrator's own initiative or the application of any person, may te rminate, modify, suspend, or revoke and reissue any permit i f, after affording the permittee an opportunity for a public hearing, the Administrator determines that: (A) the permit contains a material mistake made in establishing the emissions limitations or

i f, after affording the permittee an opportunity for a public hearing, the Administrator determines that: (A) the permit contains a material mistake made in establishing the emissions limitations or other requirements of the permit; (B) permit action is required to assure compliance with the applicable requirements of this Chapter, t he COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT Clean Air Act, or any other applicable Federal or Territory statutes or rules; (C) there is a violation of any condition of the permit; (D) the permit was obtained by misrepresentation or failure to disclose fully all relevant facts; (E) there is a change in any condition that require s either a temporary or permanent reduction or elimination of the permitted discharge; (F) more frequent monitoring or reporting by the permittee is required; or (G) such is in the public interest. In determining the public interest, the Administrator shall consider t he environmental effects, which cannot be avoided shou ld the action be implemented; the alternatives to the proposed action; the relationship between local sho rt- term uses of the environment and the maintenance an d enhancement of

nnot be avoided shou ld the action be implemented; the alternatives to the proposed action; the relationship between local sho rt- term uses of the environment and the maintenance an d enhancement of long-term productivity; irreversible and irretrievable commitments of resources, which would be involved in the proposed action should it be implemented; and any other factors which the Administrator may by rule prescribe, provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality. (2) The Administrator may revise a permit administratively if the revision: (A) corrects typographical errors; (B) identifies a change in the name, address or phone number of any person identified in the permit , or provides a similar minor administrative change at t he source; (C) allows for a change in ownership or operational control of a source where the Agency determines tha t no other change in the permit is necessary, provided t hat a COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT written agreement containing a specific date for tr ansfer of permit responsibility coverage, and liability be tween the

ed t hat a COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT written agreement containing a specific date for tr ansfer of permit responsibility coverage, and liability be tween the current and new permittees has been submitted t o the Agency; or (D) makes any other change that the Agency determines to be similar to those in '§ 49107(d)(2)(a) through (c), inclusive. (3) The Administrator may take other permit actions as may be established by regulation. (e) Fees. (1) The Administrator shall establish fees for perm its issued pursuant to this Chapter to be paid by the a pplicant prior to the issuance of the permit, and thereafter on a schedule established by the Agency. (2) All monies collected as fees shall be deposited in the Air Pollution Control Special Fund established unde r Subsection (f) of § 49107 of this Chapter. (3) The fees shall be at a set rate to ensure that the Air Pollution Control Special Fund has enough money to adequately support and administer the Air Pollution Control Permit Program. (f) Air Pollution Control Special Fund. There is es tablished a fund to be known as the, 'Air Pollution Control Spe cial Fund,' which shall be maintained

ter the Air Pollution Control Permit Program. (f) Air Pollution Control Special Fund. There is es tablished a fund to be known as the, 'Air Pollution Control Spe cial Fund,' which shall be maintained separate and apart from a ny other funds of the government of Guam, and shall be administere d by the Administrator. Independent records and accounts sha ll be maintained in connection with the Fund. All permit application fees, annual emission fees, and other funds collect ed or received pursuant to this Chapter shall be deposited in the Air Pollution Control Special Fund, and used only for the costs o f administration and implementation of this Chapter; for providing staff and resources to assist permit applicants wit h the application process; review and act upon permit applications; w rite permits; implement and enforce permit conditions, including legal support; prepare guidance and rules; prepare emission invent ories; monitor air quality; inspect facilities to ensure complianc e and offer COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT assistance with pollution prevention alternatives; provide technical assistance to permittees; administer the Fund; and any

d offer COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT assistance with pollution prevention alternatives; provide technical assistance to permittees; administer the Fund; and any other duties needed to administer this Chapter. (g) Public Participation. Where public participatio n is deemed appropriate by the Administrator, or is requ ired, the Administrator shall provide for notice and opportun ity for public comment as follows: (1) The Administrator shall make available for publ ic inspection in at least one (1) location: (A) information on the subject matter; (B) all information submitted by the applicant, except for that deemed confidential; (C) the Agency's analysis and draft permit; and (D) other information and documents deemed appropriate by the Agency. (2) The Administrator shall notify the public of th e availability of information listed in § 49107(g)(1) . Notification shall be published in a newspaper whic h is printed and issued at least twice weekly. (3) Public notice shall be mailed to any person, gr oup or Agency upon request. (4) The Administrator shall provide a period of not less than thirty (30) days following the date of the pub lic notice,

3) Public notice shall be mailed to any person, gr oup or Agency upon request. (4) The Administrator shall provide a period of not less than thirty (30) days following the date of the pub lic notice, during which time interested persons may submit wri tten comments on the subject matter, application, the Ag ency's analysis and draft permit, and other appropriate considerations. The period for comment may be exten ded at the sole discretion of the Administrator. (5) The Administrator, at the Administrator's sole discretion, may hold a public hearing if the public hearing would aid in the Administrator's decision. (f) Air Pollution Control Special Fund. There is es tablished a non-lapsing, revolving fund to be known as the 'A ir Pollution Control Special Fund,' which shall be maintained se parate and COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT apart from any other funds of the government of Gua m, and shall be administered by the Administrator. The Administr ator shall submit a proposed budget for the upcoming fiscal ye ar to the Board of Directors of the Guam Environmental Protec tion Agency, which shall include how such funds are bein g used in the

str ator shall submit a proposed budget for the upcoming fiscal ye ar to the Board of Directors of the Guam Environmental Protec tion Agency, which shall include how such funds are bein g used in the implementation of this Chapter. Independent records and accounts shall be maintained in connection with the Fund. Al l permit application fees, annual emission fees, fines, pena lties, and other funds collected or received pursuant to this Chapte r shall be deposited in the Air Pollution Control Special Fund , and used only for the costs of administration and implementation of this Chapter; for providing staff and resources to assist permit applicants with the application process; review and act upon permit applications; write permits; implement and enforce permit conditi ons, including legal support; prepare guidance and rules; prepare emission inventories; monitor air quality; inspect facilitie s to ensure compliance and offer assistance with pollution prev ention alternatives; provide technical assistance to permi ttees; administer the Fund; and any other duties needed to administer this Chapter.

sure compliance and offer assistance with pollution prev ention alternatives; provide technical assistance to permi ttees; administer the Fund; and any other duties needed to administer this Chapter. All monies in the Air Pollution Control Special Fun d are hereby appropriated, and shall continue to be deemed appro priated, to the Guam Environmental Protection Agency (GEPA) to be e xpended in accordance with this Chapter. The Air Pollution Control Special Fund shall not be subject to the transfer a uthority of I Maga'hågan Guåhan. SOURCE: Chapter 49 was repealed and reenacted by P.L. 24-0 40:2 (June 20, 1997). Subsection (f) added by P.L. 36-075:2 (F eb. 9, 2022). § 49108. Inspections, Testing and Sampling. (a) Any duly authorized officer, employee or repres entative of the Agency may enter and inspect any property, p remise or place on or at which an air pollutant source is loc ated or is being constructed, installed or established at any reason able time for the purpose of ascertaining the state of compliance wit h this Chapter and rules and regulations in force pursuant thereto . No person shall refuse entry or access to any authorized repr esentative of the Agency who requests

ng the state of compliance wit h this Chapter and rules and regulations in force pursuant thereto . No person shall refuse entry or access to any authorized repr esentative of the Agency who requests entry for purposes of inspectio n, and who presents appropriate credentials; nor shall any per son obstruct, hamper or interfere with any inspection. If request ed, the owner COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT or operator of the premises shall receive a report setting forth all facts found which relate to compliance status. (b) The Agency may conduct tests and take samples o f air pollutants, fuel, process materials or other materi als which affect or may affect emission of air pollutants from any s ource. Upon request of the Agency, the person responsible for t he source to be tested shall provide necessary holes in stacks or d ucts and any other safe and proper sampling and testing faciliti es, exclusive of instruments and sensing devices, as may be necessar y for proper determination of the emission of air pollutants. If an authorized employee of the Agency, during the course of an ins pection, obtains a sample of air pollutant, fuel, process ma

ecessar y for proper determination of the emission of air pollutants. If an authorized employee of the Agency, during the course of an ins pection, obtains a sample of air pollutant, fuel, process ma terial or other material, he or she shall give the owner or operato r of the equipment or fuel facility a receipt for the sample obtained. (c) The Administrator may withhold any information obtained from an inspection while an investigation is pending. Upon completion of the case, this information will be available to the public for inspection. § 49109. Emission Control Requirements. (a) The Agency shall establish the emission control requirement, by rule or regulation, necessary to pr event, abate or control air pollution. The requirements may be for the Territory as a whole, or may vary from area to area, as may be a ppropriate to facilitate accomplishment of the purposes of this C hapter, and in order to take account of varying local conditions. (b) The Agency may require the owner or operator of any air pollution emission source, discharging air pollutan ts, to install monitoring equipment or devices, conduct whatever t ests the Agency may prescribe, and submit periodic reports o

operator of any air pollution emission source, discharging air pollutan ts, to install monitoring equipment or devices, conduct whatever t ests the Agency may prescribe, and submit periodic reports o n the nature and amount of discharges to the Agency. § 49110. Variances. (a) Any person who owns or who is in control of any plant, building, structure, establishment, process or equi pment, may apply to the Agency for a variance from the rules a nd regulations. The Agency may grant a variance, but only after pub lic hearing on due notice, if it finds that: COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (1) the emissions occurring, or proposed to occur, do not endanger or tend to endanger human health or safety ; and (2) compliance with the rules and regulations from which variance is sought would produce serious hard ship without greater benefits to the public. (b) No variance shall be granted pursuant to this S ection until the Agency has considered the relative interests of the applicant, other owners of property likely to be affected by t he discharges and the general public.

be granted pursuant to this S ection until the Agency has considered the relative interests of the applicant, other owners of property likely to be affected by t he discharges and the general public. (c) Any variance or renewal thereof shall be grante d within the requirements of Subsection (a) of this Section and for time periods and under conditions consistent with the re asons therefor, and within the following limitations: (1) If the variance is granted on the ground that t here is not practicable means known or available for the ad equate prevention, abatement or control of the air polluti on involved, it shall be only until the necessary mean s for prevention, abatement or control become known and available, and subject to the taking of any substit ute or alternate measures that the Agency may prescribe. (2) If the variance is granted on the ground that compliance with the particular requirement from whi ch variance is sought will necessitate the taking of m easures which, because of their extent or cost, must be spr ead over a considerable period of time, it shall be for a peri od not to exceed the reasonable time, as in the view of the A gency, is requisite for the taking

se of their extent or cost, must be spr ead over a considerable period of time, it shall be for a peri od not to exceed the reasonable time, as in the view of the A gency, is requisite for the taking of the necessary measures. A variance granted on the ground specified in this Item (2) of Subsection (c) of this Section shall contain a timetable for t he taking of action in an expeditious manner and shall be condit ioned on adherence to the timetable. (3) If the variance is granted on the ground that i t is justified to relieve or prevent hardship of a kind other than that provided for in Items (1) and (2) of this Subs ection (c) of § 49110 of this Chapter, it shall be for not mor e than one (1) year. COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (d) Any variance granted pursuant to this Section m ay be renewed on terms and conditions and for periods, wh ich would be appropriate on initial granting of a variance. If c omplaint is made to the Agency on account of the variance, no renewa l thereof shall be granted, unless, following public hearing on the complaint on due notice, the Agency finds that renewal is justif ied.

t is made to the Agency on account of the variance, no renewa l thereof shall be granted, unless, following public hearing on the complaint on due notice, the Agency finds that renewal is justif ied. No renewal shall be granted except on application therefor. An y such application must be made at least sixty (60) days p rior to the expiration of the variance. Immediately upon receip t of an application for renewal, the Agency shall give publ ic notice of the application in accordance with rules and regulation s of the Agency. (e) A variance or renewal shall not be a right of t he applicant or holder thereof, but shall be in the discretion o f the Agency. (f) Nothing in this Section and no variance or rene wal granted pursuant hereto shall be construed to prevent or li mit the application of the emergency provisions and procedu res of § 49113 of this Chapter to any person or property. § 49111. Hearings. (a) Any person who received an order from the Administrator, as authorized by this Chapter, and a ny person whose permit application is disapproved or denied b y the Administrator, may within fifteen (15) days of the date of receipt of the order or disapproval, file a notice of

his Chapter, and a ny person whose permit application is disapproved or denied b y the Administrator, may within fifteen (15) days of the date of receipt of the order or disapproval, file a notice of inten t to appeal with the Board, setting forth in the notice the basis fo r the appeal. (b) The Board shall, not more than sixty (60) days after receipt of the notice of appeal, hold a public hear ing consistent with the Administrative Adjudication Law. (c) The Board shall either affirm, modify or revoke any action which is appealable, or issue an appropriate order or orders for the prevention, abatement or control of the emi ssion involved or for the taking of any other corrective action as may be appropriate to prevent, abate or control air pollut ion. (d) Any person adversely affected by a decision of the Agency may have judicial review by filing a petitio n with the Superior Court of Guam in accordance with the Admin istrative COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT Adjudication Law, and by simultaneously sending a c opy of the filing by serving the Administrator.

rdance with the Admin istrative COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT Adjudication Law, and by simultaneously sending a c opy of the filing by serving the Administrator. The petitioner shall reimburse the Agency for the expenses associated with the pre paration of the record for judicial review. § 49112. General Enforcement. (a) Whenever the Agency determines that there is pr obable cause based upon an investigation that a violation of any provision of this Chapter or rule or regulation pursuant ther eto has occurred, it may cause written notice to be served upon the a lleged violator or violators. The notice shall specify the provisio ns of this Chapter or rule or regulation alleged to be violated, and t he facts alleged to constitute a violation thereof, and may include an order specifying the necessary corrective action to be ta ken and specify a time for compliance which the Administrator deter mines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicabl e requirements. Any order under this Section shall become final unl ess, no later than fifteen (15) days after the date the notice

of the violation and any good faith efforts to comply with applicabl e requirements. Any order under this Section shall become final unl ess, no later than fifteen (15) days after the date the notice an d order are served, the person or persons named therein request in writ ing a hearing before the Agency. Upon such a request, the Agency shall hold a hearing pursuant to § 49111 of this Chapter. In lie u of an order, the Agency may require that the alleged violator, o r violators, appear before the Agency for a hearing at a time an d place specified in the notice and answer the charges comp lained of, or the Agency may initiate action pursuant to § 49116 of this Chapter. (b) No order issued under this Chapter shall preven t the Administrator from assessing any penalties, nor oth erwise effect or limit the Administrator's authority to enforce u nder other provisions of this Chapter or rule or regulation, n or affect any person's obligation to comply with any Section of t his Chapter or rule or regulation, or with a term or condition of any permit issued. (c) Nothing in this Chapter shall prevent the Agenc y from making efforts to obtain voluntary compliance throu gh warning,

ter or rule or regulation, or with a term or condition of any permit issued. (c) Nothing in this Chapter shall prevent the Agenc y from making efforts to obtain voluntary compliance throu gh warning, conference or any other appropriate means. § 49113. Emergency Orders. COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (a) Notwithstanding any other law, if the Administr ator determines that a pollution source or combination o f sources is creating an imminent and substantial endangerment t o the public health, welfare or the environment, the Administrat or, with the concurrence of the Governor, shall order any person causing, or contributing to the release of any air pollutants o r combination of air pollutants, to immediately reduce or discontinu e the release. Any order under this Section shall fix a place and time, not later than seventy-two (72) hours thereafter, for a heari ng to be held before the Agency. (b) If the Administrator finds that emissions from the operation of one (1) or more air pollution sources is causing imminent danger to human health or safety, he or sh e may order the person responsible for the operation in questio n to immediately reduce

eration of one (1) or more air pollution sources is causing imminent danger to human health or safety, he or sh e may order the person responsible for the operation in questio n to immediately reduce or discontinue emissions, withou t regard to the provisions of § 49111 of this Chapter. In such event, the requirements for hearing set forth in Subsection (a ) of this Section shall apply. (c) Nothing in this Section shall be construed to l imit any power, which the Governor or any other officer may have to declare an emergency and act on the basis of that d eclaration, if that power is conferred by statute or constitutiona l provision, or inheres in the office. § 49114. Confidentiality of Information. (a) Any records, reports, or information obtained u nder '§ 49106, 49107 and 49108 of this Chapter shall be ava ilable to the public, except that upon a showing satisfactory to the Agency by any person that records, reports or information, or particular part thereof, other than emission data, to which the Age ncy has access under '§ 49106, 49107 and 49108 of this Chapter, if made p ublic, would divulge production, sales figures, methods, p rocesses or production unique to the person,

ata, to which the Age ncy has access under '§ 49106, 49107 and 49108 of this Chapter, if made p ublic, would divulge production, sales figures, methods, p rocesses or production unique to the person, or would otherwise tend to effect adversely the competitive position of the person by revealing trade secrets, the Agency shall consider the record, repo rt, information or particular portion thereof, confidential in the administration of this Chapter. The contents of an air pollution cont rol permit itself shall not be entitled to confidentiality protection . COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (b) Nothing in the Section shall be construed to pr event the use of records or information by the Agency in comp iling or publishing analyses or summaries relating to the ge neral condition of the outdoor atmosphere, provided that these anal yses or summaries do not identify any owner or operator or reveal any information otherwise confidential under this Secti on. (c) Nothing in this Section shall be construed to p revent disclosure of whatever report, record or informatio n to Federal, Territorial or local representatives as is necessar y for purposes of

on. (c) Nothing in this Section shall be construed to p revent disclosure of whatever report, record or informatio n to Federal, Territorial or local representatives as is necessar y for purposes of administration of any Federal, Territorial or local air pollution control laws, or when relevant, in any proceeding u nder this Chapter. § 49115. Injunction. The Agency may maintain an action to restrain any v iolation or threatened violation of the provisions of this C hapter, or the rules and regulations authorized. The right to inju nctive relief is in addition to any other powers or penalties confer red by this Chapter. § 49116. Penalties. (a) Administrative Penalties. The Administrator may issue an administrative order against any person and assess a civil administrative penalty of up to Ten Thousand Dollar s ($10,000.00) per day per violation not to exceed a total penalty of Two Hundred Thousand Dollars ($200,000.00). (1) Before issuing an administrative order, the Administrator shall give written notice to the pers on to be assessed an administrative penalty of the Administr ator's intent to issue the order, and provide the person a n opportunity to request a hearing on the

shall give written notice to the pers on to be assessed an administrative penalty of the Administr ator's intent to issue the order, and provide the person a n opportunity to request a hearing on the proposed administrative penalty order, within thirty (30) da ys of the date the notice of intent is received by the person . If a hearing is requested, it will be conducted pursuant to § 49 111 of this Chapter. If no hearing is requested within the peri od specified, the administrative penalty to be assesse d will automatically be imposed and deemed final. COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (2) The Administrator may settle, modify or release , with or without conditions, any administrative pena lty which may be imposed under this Subsection (a) of § 49116 of this Chapter. (3) Any person against whom a civil administrative penalty is assessed may seek judicial review in acc ordance with § 49111 of this Chapter and the Administrative Adjudication Law. (4) If any person fails to comply with an administr ative penalty order after the assessment has become final , or after a court in an action brought under Subsection (3) o f this Section has entered a

) If any person fails to comply with an administr ative penalty order after the assessment has become final , or after a court in an action brought under Subsection (3) o f this Section has entered a final judgment in favor of th e Administrator, the Attorney General of Guam shall b ring a civil action to enforce the order or to recover the amount ordered or assessed, plus current interest rates fr om the date of the final order or decision or the date of the f inal judgment, as the case may be. In this action, the validity, a mount and appropriateness of the order or assessment shall no t be subject to review. The Administrator need only show that: (A) notice was given; (B) a hearing was held, or the time granted for requesting a hearing has run without a request for a hearing; (C) the penalty was imposed; and (D) the penalty remains unpaid. (b) Civil Penalties. Any person who violates any pr ovision of this Chapter, any rule or regulation promulgated un der this Chapter, refuses, or neglects to comply with any fi nal order issued by the Administrator in carrying out the provisions of this Chapter, shall, in addition to other sanctions, pay a civil penalty not to exceed Ten

s, or neglects to comply with any fi nal order issued by the Administrator in carrying out the provisions of this Chapter, shall, in addition to other sanctions, pay a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) per day fo r each violation or non-compliance. (c) Criminal Penalties. (1) Any person who knowingly violates any of the ai r pollution control permit rules adopted by the Agenc y COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT pursuant to this Chapter, including any condition i n a permit or any fee or filing requirement, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by imprisonment not to exceed five (5) years, or both. (2) Any person who knowingly makes a false statemen t, representation or certification in any form, in any notice or report required by an air pollution control permit, or who knowingly renders inaccurate any monitoring device or method required by the Agency to report as required by this Chapter, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) for each day of viola tion or by imprisonment not to exceed two (2) years, or bot h, for each instance of

by this Chapter, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) for each day of viola tion or by imprisonment not to exceed two (2) years, or bot h, for each instance of violation. (3) Any person who negligently releases into the ambient air any hazardous air pollutant, and who at the time negligently places another person in imminent dange r of death or serious bodily injury, upon conviction, sh all be punished by a fine not to exceed Ten Thousand Dolla rs ($10,000.00) or imprisonment not to exceed one (1) year, or both. If a conviction of any person under this Subs ection (c) of § 49116 of this Chapter is for a violation commi tted after a first conviction of the person under this Subsect ion, the maximum punishment shall be doubled with respect to both amount of fine and term of imprisonment. (4) Any person who knowingly releases into the ambi ent air any hazardous air pollutant, and who knows at t he time that another person is thereby placed in imminent d anger of death or serious bodily injury, upon conviction, sh all be punished by a fine not to exceed Ten Thousand Dolla rs ($10,000.00), or imprisonment of not more than fift een (15) years, or

ent d anger of death or serious bodily injury, upon conviction, sh all be punished by a fine not to exceed Ten Thousand Dolla rs ($10,000.00), or imprisonment of not more than fift een (15) years, or both. Any organization which violates thi s Item (4) of Subsection (c) of § 49116 shall be subject to a fine not to exceed One Million Dollars ($1,000,000.00). If a co nviction of any person under this Item (4) is for a violatio n committed after a first conviction of the person under this I tem (4), the maximum punishment shall be doubled with respect to both amount of fine and term of imprisonment. (d) Penalty Assessment Criteria. COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (1) The Administrator, or the court as the case may be, in determining the amount of any penalty to be asse ssed, shall take into consideration, in addition to any other f actors as justice may require, the size of the business, the violator's full compliance history and good faith efforts to comply , the duration of the violation, payment by the violator of penalties previously assessed for the same violation, economi c benefit of non-compliance and the seriousness of the violat ion.

to comply , the duration of the violation, payment by the violator of penalties previously assessed for the same violation, economi c benefit of non-compliance and the seriousness of the violat ion. (2) It is presumed that the violator's economic and financial condition allows payment of the penalty, and the burden of proof to the contrary is on the violator. (3) A penalty may be assessed for each day of viola tion. For purposes of determining the number of days of v iolation for which a penalty may be assessed, if the Adminis trator has notified the source of the violation and makes a pr ima facie showing that the conduct or events giving rise to t he violation are likely to continue or recurred past the date of the notice, the days of violation shall be presumed to include the date of the notice and each and every day thereafter until the violator establishes that continuous compliance has been ach ieved. (4) Each day of continued violation of this Chapter or rules and regulations promulgated pursuant to this Chapter shall be deemed a separate violation or offense. (e) Disposition of Collected Fines and Penalties.

of continued violation of this Chapter or rules and regulations promulgated pursuant to this Chapter shall be deemed a separate violation or offense. (e) Disposition of Collected Fines and Penalties. F ines and penalties collected under this Section related to t he air pollution control permit program shall be deposited into the Air Pollution Control Special Fund pursuant to Subsection (f) of § 49107 of this Chapter. § 49117. Motor Vehicle Pollution Control. (a) As the state of knowledge and technology relati ng to the control of emission from motor vehicles may permit or make appropriate, and in furtherance of the purpose of t his Chapter, the Agency may provide rules and regulations for the co ntrol of emissions from motor vehicles. These rules and regu lations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for t he proper maintenance of such equipment and vehicles. Any rul es and COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT regulations pursuant to this Section shall be consi stent with provisions of Federal law, if any, relating to cont rol of emission from the vehicles concerned.

SAFETY CH 49 AIR POLLUTION CONTROL ACT regulations pursuant to this Section shall be consi stent with provisions of Federal law, if any, relating to cont rol of emission from the vehicles concerned. (b) Except as permitted or authorized by law, no pe rson shall fail to maintain in good working order or remove, d ismantle or otherwise cause to be inoperative any equipment or feature constituting an operational element of the air poll ution control system or mechanism of a motor vehicle required by rules or regulations of the Agency to be maintained in or on the vehicle. Any failure to maintain in good working order or re moval, dismantling, or causing of inoperability shall subj ect the owner or operator to suspension or cancellation of the regis tration of the vehicle by the Department of Revenue and Taxation, or penalties not to exceed One Thousand Dollars ($1,000.00) per day of violation. The vehicle shall not be eligible for re gistration until all parts and equipment constituting operational elemen ts of the motor vehicle have been restored, replaced or repai red and in good working order.

icle shall not be eligible for re gistration until all parts and equipment constituting operational elemen ts of the motor vehicle have been restored, replaced or repai red and in good working order. (c) The Agency may carry out a program of inspectio n and testing of motor vehicles to enforce compliance wit h applicable emission standards or may carry out the inspection and testing jointly with another government of Guam agency. (d) The Agency shall not require, as a condition pr ecedent to the initial sale of a vehicle or vehicular equipmen t, the inspection, certification or other approval of any feature or e quipment designed for the control of emissions from motor ve hicles, if the feature or equipment has been certified, approved o r otherwise authorized pursuant to Federal law. (e) The remedies and penalties provided in this Sec tion shall apply to violations hereof, and no provision of § 4 9116 of this Chapter shall apply thereto. (f) As used in this Section, Motor Vehicle shall mean any vehicle with an internal combustion engine used on public roads and highways for the purpose of transportation. § 49118. Time Frame and Implementation.

d in this Section, Motor Vehicle shall mean any vehicle with an internal combustion engine used on public roads and highways for the purpose of transportation. § 49118. Time Frame and Implementation. COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT (a) This Law shall go into effect one hundred eight y (180) days after enactment. During that initial one hundr ed eighty (180) day period, the Administrator of the Guam Environme ntal Protection Agency shall educate the public about th e new law and generally prepare for implementation. Education of the public shall include the provision of educational material s and presenta- tions to those holding permits and conducting publi c presentations of information about this new regulation. (b) When the one hundred eighty (180) day period de scribed above ends, the Administrator and other law enforce ment officials shall enforce the law as mandated herein. § 49119. Ultra-Low Sulfur Diesel Fuel Standard. Notwithstanding any other provision of law, rule or administrative policy or waiver, effective January 1, 2011, all diesel fuel imported to Guam shall meet the USEPA standards for ultra-low sulfur diesel fuel .

ding any other provision of law, rule or administrative policy or waiver, effective January 1, 2011, all diesel fuel imported to Guam shall meet the USEPA standards for ultra-low sulfur diesel fuel . For purposes of this Section, ultra - low sulfur diesel fuel shall be generally defined as fuel that contains fifteen parts per million (15ppm) or less of sulfur content, as established by the USEPA Direct Final Rule. The Guam Environmental Protection Agency Board of Directors shall create compliance standards for diesel fuel. Any waivers of the fifteen parts per million (15ppm) sulfur content standard o f this Section shall require approval by I Liheslaturan Guåhan . SOURCE: Added by P.L. 30-184:2 (Aug. 28, 2010). Amended by P.L. 35-015:1 (May 7, 2019). 2010 NOTE: P.L. 30-184:5, provides; 'Section 5. All bulk storage tanks used to store diesel fuel intended for sale or re-sale shall be sampled and tested in accordance with 40 CFR, P art 80, Subpart I for the purpose of certifying that th e fuel meets the required ultra-low sulfur diesel (ULSD) content of 15ppm or less. The ULSD certification shall be posted in a manner consistent with 40 CFR, Part 80, Subpart I, and that can be

at th e fuel meets the required ultra-low sulfur diesel (ULSD) content of 15ppm or less. The ULSD certification shall be posted in a manner consistent with 40 CFR, Part 80, Subpart I, and that can be viewed for inspection by regulatory officials and the general public. Wholesale and retail suppliers of ULSD (15ppm or less) fuel shall comply with the certification requirement upon dep letion of diesel fuel containing higher than 15ppm of sulf ur.' § 49120. Severability. The provisions of this Chapter are severable and if any of the provisions of this Chapter are held invalid or unco nstitutional or COL4/6/202210 GCA HEALTH AND SAFETY CH 49 AIR POLLUTION CONTROL ACT the application thereof to any person or circumstan ce is held inapplicable, such invalidity, unconstitutionality, or inapplicability shall not affect or impair the rema ining provisions or application of this Chapter. SOURCE: Formerly § 49119 of this chapter. Renumbered by P. L. 30- 184:1 (Aug. 28, 2010). --------- COL4/6/2022