Guam § 49103 - Definitions.

§ 49103. Definitions.

As used in this Chapter:

(a) Administrator means the Administrator of the Guam

Environmental Protection Agency, or the Administrator'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 source

material special nuclear material, and byproduct material;

substance; or matter which is emitted or otherwise enters the

ambient air. The 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

Territory rules as precursors.

(d) 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,

welfare, plant life, animal life, or property, or would

unreasonably interfere with the enjoyment of life or property.

(e) Air Pollution Emission Source means property, real

or personal, which emits, or may emit, air pollution.

(f) Applicable Requirements means any standard or

other requirement, term or condition, adopted by the

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 pursuant to this Chapter, and

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includes a schedule of compliance and a schedule under

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 hazardous.

(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, considering controls:

(1) any hazardous air pollutant, except

radionuclides, in the aggregate if ten (10) tons per year

or more, including fugitive emissions, or twenty-five

(25) tons per year or more of any combination, including

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 industrial

grouping, including fugitive emissions, as established

by the Administrator by rule; or

(3) for radionuclides, major source shall have the

meaning specified by the United States Environmental

Protection Agency (AUSEPA@) Administrator by rule.

(m) Owner or Operator means any person who owns,

leases, operates, controls or supervises an air pollution

emission source.

(n) Permit means written authorization from the

Administrator to construct, modify, relocate or operate an air

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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 forbidden

by this Chapter or by rules adopted pursuant to the Chapter.

(o) Person means any individual, partnership, firm,

association, municipality, public or private corporation,

subdivision, or agency of the Territory, trust, estate 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.