Guam § 49107 - Air Pollution Control Permit Program.

§ 49107. Air Pollution Control Permit Program.

(a) Program Applicability.

(1) The Administrator shall determine which air

pollution emission sources shall be obligated to apply for,

and obtain, air pollution control permits. At a minimum the

Administrator shall require a permit for any air pollution

emission source that is classified as a major source, or is

required to obtain a permit by any applicable standard,

regulation or requirement provided by Federal or Territory

statutes or rules.

(2) Beginning thirty (30) days after the effective date of

the revised Guam Air Pollution Control Standards and

Regulations pursuant to this Section, any person who sells

any air pollution emission source, which must be permitted

pursuant to the Guam Air Pollution Control Standards and

Regulations, shall notify the purchaser of the permit

requirements pursuant to this Chapter.

(3) Provided a permit is required, no person may begin

or continue construction, reconstruction, modification,

relocation, nor begin or continue operation of an air pollution

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emission source, without first applying for, and obtaining, a

valid air pollution control permit from the Administrator.

(4) Permits being renewed shall be subject to the same

procedural requirements that apply to initial permit issuance,

including the procedures of Federal oversight and public

participation.

(5) Permit expiration terminates the source's right to

operate, unless a timely and complete renewal application is

submitted to the Agency. To be deemed complete, an

application must provide all information required or

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 owner or

operator acting consistently with the permit previously

granted, or in accordance with the plans, specifications and

other information submitted as a part of the renewal

application. The previous permit terms and conditions will

remain enforceable by the Administrator.

(7) If, while processing an application that has been

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 information required

and set a reasonable deadline for a response. Failure to

submit the information within the specified time period 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 shall include a

compliance certification, plan and, if applicable, a schedule.

The Agency may require that permit applications be

accompanied by other plans, specifications, meteorological

monitoring data, ambient air quality monitoring data, and

other information necessary to identify the source, air

emissions and the air quality impacts to determine whether

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the proposed installations, modification or operation 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 is

determined that the sources will comply with all

requirements of this Chapter, and the rules and standards

adopted pursuant to this Chapter.

(2) Each permit shall contain and require compliance

with all applicable Federal requirements, and must contain

monitoring, record keeping and reporting requirements

sufficient to assure compliance with applicable Federal

requirements. Each limitation, control and requirement in the

permits shall be permanent, quantifiable and otherwise

enforceable as a practical matter. The permit may also be

subject to such additional reasonable conditions as the

Administrator may prescribe to ensure compliance, including

emission limitations, and control technology requirements.

(3) The Administrator may require pollution prevention

audits, or the implementation of pollution prevention

measures to ensure that emissions are reduced or eliminated

when feasible.

(d) Other Permit Actions.

(1) The Administrator, on the Administrator's own

initiative or the application of any person, may terminate,

modify, suspend, or revoke and reissue any permit if, 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, the

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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 requires

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 the

environmental effects, which cannot be avoided should

the action be implemented; the alternatives to the

proposed action; the relationship between local short-

term uses of the environment and the maintenance and

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 the

source;

(C) allows for a change in ownership or operational

control of a source where the Agency determines that no

other change in the permit is necessary, provided that a

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written agreement containing a specific date for transfer

of permit responsibility coverage, and liability between

the current and new permittees has been submitted to 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 permits

issued pursuant to this Chapter to be paid by the applicant

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 under

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 established a

fund to be known as the, 'Air Pollution Control Special Fund,'

which shall be maintained separate and apart from any other funds

of the government of Guam, and shall be administered by the

Administrator. Independent records and accounts shall be

maintained in connection with the Fund. All permit application

fees, annual emission fees, and other funds collected or received

pursuant to this Chapter 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 conditions, including legal support;

prepare guidance and rules; prepare emission inventories; monitor

air quality; inspect facilities to ensure compliance and offer

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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 participation is

deemed appropriate by the Administrator, or is required, the

Administrator shall provide for notice and opportunity for public

comment as follows:

(1) The Administrator shall make available for public

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 the

availability of information listed in § 49107(g)(1).

Notification shall be published in a newspaper which is

printed and issued at least twice weekly.

(3) Public notice shall be mailed to any person, group or

Agency upon request.

(4) The Administrator shall provide a period of not less

than thirty (30) days following the date of the public notice,

during which time interested persons may submit written

comments on the subject matter, application, the Agency's

analysis and draft permit, and other appropriate

considerations. The period for comment may be extended 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 established

a non-lapsing, revolving fund to be known as the “Air Pollution

Control Special Fund,” which shall be maintained separate and

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apart from any other funds of the government of Guam, and shall

be administered by the Administrator. The Administrator shall

submit a proposed budget for the upcoming fiscal year to the

Board of Directors of the Guam Environmental Protection

Agency, which shall include how such funds are being used in the

implementation of this Chapter. Independent records and accounts

shall be maintained in connection with the Fund. All permit

application fees, annual emission fees, fines, penalties, and other

funds collected or received pursuant to this Chapter 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 conditions, including

legal support; prepare guidance and rules; prepare emission

inventories; monitor air quality; inspect facilities to ensure

compliance and offer assistance with pollution prevention

alternatives; provide technical assistance to permittees; administer

the Fund; and any other duties needed to administer this Chapter.

All monies in the Air Pollution Control Special Fund are hereby

appropriated, and shall continue to be deemed appropriated, to the

Guam Environmental Protection Agency (GEPA) to be expended

in accordance with this Chapter. The Air Pollution Control

Special Fund shall not be subject to the transfer authority of I

Maga'hågan Guåhan.