(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 Ԥ 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.

SOURCE: Chapter 49 was repealed and reenacted by P.L. 24-040:2 (June
20, 1997). Subsection (f) added by P.L. 36-075:2 (Feb. 9, 2022).