No power generation facility, with a capacity in excess of one (1) megawatt and utilizing fossil fuels, may be constructed within one thousand five hundred feet (1,500′) of a school.

(a) Exemption. The construction of the new forty-one (41) megawatt diesel units burning ultra-low sulfur diesel on Lots 261 and 257, U.S. Navy Apra Harbor Reservation, shall be exempt from this Section.

(b) GPA shall be required to comply with the Air Quality and Emissions Limitations contained in the U.S. Environmental Protection Agency Clean Air Act of 1990, Chapter 85 of Title 42, United States Code, Section 7401 et seq. (Clean Air Act). GPA shall install air quality monitors, or such other device specified in the Clean Air Act necessary to measure air quality emissions from the forty-one (41) megawatt diesel units construction on Lots 261 and 257 and ensure compliance with the Clean Air Act.

SOURCE: Added by P.L. 22-023:5 (June 22, 1993). Amended by P.L.
36-091:2 (Apr. 11, 2022).