American Samoa Administrative Code

(a) Upon program approval, all owners or operators of existing air pollution emission sources shall submit to the Commission a complete initial permit application within twelve (12) months of program approval. Owners or operators of such sources who applied for a stationary air p…

An applicant for a stationary air pollution source permit who fails to submit any relevant facts or who has submitted incorrect information in any permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or cor…

A compliance plan and compliance certification shall be submitted with each permit application, at such times as requested by the Commission and as otherwise required by subsections (a)(1) and (a)(2) of this rule. (1) The compliance plan required by this rule shall be submitted b…

The Commission shall consider and incorporate the following elements in all stationary air pollution source permits, as applicable: (1) Quantifiable emissions limitations and standards, including operational requirements and limitations, to ensure compliance with all applicable r…

An air pollution control permit shall be issued or renewed for a fixed term of five years unless the owner or operator of the source requests a shorter term, or the Commission determines that a shorter term is warranted. History: 2005

(a) Every source required to obtain a permit pursuant to these Standards and Regulations shall be subject to regular inspections at least every six months for compliance with all applicable requirements, these rules, and the terms and conditions of a permit. Such inspections shal…

Terms and conditions included in a stationary air pollution source permit, including any provision designed to limit a source’s potential to emit, are federally enforceable unless such terms, conditions, or requirements are specifically designated as not federally enforceable. Te…

(a) If the air pollution emission source is a federal oversight source: (1) The executive secretary shall submit to the USEPA Administrator a copy of each proposed and final stationary air pollution source permit, including administrative permit amendments; (2) The owner or opera…

If an air pollution emission source is a federal oversight source, the Commission shall abide by the following practices and restrictions: (1) Upon program approval, the Commission shall not issue a stationary air pollution source permit, permit renewal, or permit amendment for a…

(a) The Commission, on its own initiative or upon written request from the owner or operator of a stationary air pollution emissions source, may issue an administrative permit amendment. (b) Except for a request to consolidate two or more air pollution control permits into one or…

(a) Upon receipt of an application for a permit modification which does not qualify as an administrative permit amendment pursuant to section 24.0534 the Commission shall process the application according to whether the requested permit modification is minor or non-minor. (b) In …

(a) Applications for minor permit modifications shall be processed as follows: (1) An application for a minor permit modification shall be submitted to the Commission and shall include the following: (A) A description of the change requested, the emissions resulting from the chan…

(a) An emergency constitutes an affirmative defense to any action brought for noncompliance with any technology-based emission limitation, if it can be demonstrated to the executive secretary through properly signed, contemporaneous operating logs, or other relevant evidence that…

(a) The Commission, on its own motion or on the petition of any person, may terminate, suspend, reopen, or amend any permit if, after affording the permittee an opportunity for a hearing in accordance with section 24.0514, the Commission determines that: (1) the permit contains a…

(a) If the air pollution emission source is a federal oversight source, the executive secretary shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment on draft permits for all permits except administ…

(a) Every owner or operator of an air pollution emission source shall pay annual fees as set forth in section 24.0541. (b) Annual fees collected pursuant to these Standards and Regulations shall only be used to supplement the Stationary Air Pollution Source Fund pursuant to secti…

(a) Annual fees shall be paid in full within sixty days after the end of each calendar year and within thirty days after the permanent discontinuance of the air pollution emission source; (b) The executive secretary, upon written request from the owner or operator of an air pollu…

(a) Any person who violates any provision of these Standards and Regulations or any term or condition of a permit shall be subject to the procedures, penalties and remedies provided in sections 24.0150 through 24.0166 ASCA. (b) If any part of the annual fee is not paid within thi…

(a) All permit annual emission fees, fines, penalties, bail forfeitures, grant funding, and other funds collected or received into the Stationary Air Pollution Source Fund shall be used solely for the direct and indirect costs of administration and implementation of the permit pr…

(a) The standards of performance requirements of this Part are additional requirements for considering an application for an air pollution control permit required by Part III. (b) No air pollution emission source or modification to which the requirements of this Part shall apply …

(a) Each owner or operator of an air pollution emission source shall comply with all applicable requirements of 40 CFR Part 60, entitled “Standards of Performance for New Stationary Sources.” (b) At such times that USEPA requires owners and operators of solid waste incinerators s…

(a) The provisions of this Chapter are applicable to any air pollution emission source which emits or has the potential to emit any hazardous air pollutant in any quantity. No air pollution emission source or modification to which the requirements of this Chapter apply shall begi…

Words used in the singular form in this chapter shall include the plural, and vice versa as the case may be. History: Rule 3-85, eff 9 Jul 85, § 1.

All terms used in this chapter shall have the meanings set forth for such terms in the Act. In addition, as used in this section the following terms shall have the meanings stated below: (a) “Act” means the American Samoa Pesticide Act of 1979. (b) “Agricultural commodity” means …

The director is authorized to take such action as may be necessary in the administration and enforcement of the Act and this chapter. History: Rule 3-85. eff 9 Jul 85. § 3.

(a) All pesticides used and sold in American Samoa must he registered by the EPA. (b) All pesticides used and sold in American Samoa must be licensed with the Department at Agriculture, American Samoa government. (1) Application for licensing of a pesticide with ASG must be submi…

(a) All pesticides used and sold in American Samoa shall bear a label conforming to the information required by 40 CFRS 162.10. (b) All statements, words and other information required to appear on the label or labelling of any pesticide shall be in the English language: provided…

(a) Because of the delicate nature of our island territory pesticides not registered with EPA will not be considered for experimental use permits at any time under any circumstances. (b) Issuance at experimental use permits shall be confined to pesticides registered by EPA for a …

(a) No person shall sell a restricted use pesticide unless such person has obtained a license from the Department of Agriculture which shall expire on December 31 of each year and shall be renewed on or before January 1 of each year. A license shall be required for each sales out…

(a) Licensed dealers shall keep a record of each sale of restricted use pesticides at each sales outlet on forms provided by the director Such records will be prepared in duplicate and shall show the name and address or purchaser date of sale, identity of the formulation or brand…

(a) No pesticide shall be stored, displayed, placed foe-sale, or transported under conditions where food and food containers, feed or any other products are likely to become contaminated and may create a hazard or cause injury to humans, vegetation, crops livestock wildlife, bene…

(a)Pesticides may not be disposed of so as to create hazard. The owner of such pesticides shall notify or contact the director whenever information or assistance on the proper means of disposal is needed. (b) Empty containers of pesticides shall be disposed of in a manner consist…

(a) Any pesticide or pesticide formulation classified as a restricted use pesticide by the EPA shall be considered as such in this chapter: however, the director under the provision of 24.1207 of the Act, may declare additional pesticides for restricted use within the territory. …

The following classes, procedures, conditions and standards for certification shall apply: (a) Classes of Applicators. (1) Commercial Applicators. (A) Agricultural Pest Control (i) Plant This category includes commercial applicators using or supervising the use pesticides in prod…

(a) No person shall apply a restricted use pesticide by aircraft except by a special permit issued by the director. (b) No person shall apply a restricted use pesticide within 20 feet of a water well, stream or any natural body of water except by a special permit issued by the di…

(a) Inspections and Examinations. (1) The director or his duly designated agent is authorized to enter any place or conveyance where pesticides or devices are manufactured, stored, packed, delivered for transportation, transported offered for sale or sold, and to inspect and/or t…

Valid applicator certificates issued by certifying agencies of other states and territories of the United States or employees of the Government Agency Plan (GAP) will be honored as such for use in the territory upon successful review of the local laws and regulations. History: Ru…

(a) The requirements contained in this selection shall apply to all tanks, both above and below ground, which receive, store or distribute petroleum products or other chemicals except as provided in subsection (b) below. (b) Exemptions. The following are exempt from the provision…

As used in this chapter: (1) “Above ground storage tank” or “AST” means any one or combination of tanks (including the pipes connected thereto) that are used to contain an accumulation of petroleum products or other chemicals and the volume of which (including the volume of pipes…

In order to prevent releases due to structural failure, corrosion, or spills and overfills for a long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements. (a) Tanks. Each tank must be properly d…

(a) Any owner who brings an underground storage tank system in to use after May 8, 1986, must within 30 days of bringing such tank into use, submit, in the form prescribed in Appendix I of this chapter, a notice of existence of such tank system to the implementing agency to recei…

(a) Owners and operators of underground storage tanks and aboveground storage tanks installed prior to the effective date of these regulations shall submit an application for a permit from the commission within 30 days of the effective date. (b) Prior to construction, installatio…

(a) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transferred is made and that the…

All owners and operators of steel UST systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to stored regulated substances: (1) All corrosion protection systems mu…

Owners and operators must use an UST system made of or lined with materials that are compatible with the substance stored in the UST system. Note: Owner and operators storing alcohol blends may use the following codes to comply with the requirements of this section: (a) American …

Owners and operators must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repair must meet the following requirements: (a) Repairs to UST systems must be properly conducted in ac…

Owners and operators of UST system must cooperate fully with inspections, monitoring, and testing conducted by the implementing agency, as well as requests for documents submission, testing and monitoring by the owner and operator. (1) Reporting. Owners and operators must submit …