Guam Administrative Code

§ 1401. Definitions. COL 2026-08-06 C H . 1 - G UAM A IR P OLLUTION C ONTROL S TANDARDS AND R EGULATIONS 52 As used in this Section: (a) "Administrative Permit Amendment" is a permit revision that: (1) Corrects typographical errors; (2) Identifies a change in the name, address, o…

§ 1402. Applicability. (a) Except as provided in § 1410, and Subsections (b) and (c) of this Section, no person may begin or continue construction, reconstruction, modification, relocation, or operation of an air pollution emission source without first obtaining a valid air pollu…

§ 1403. General Conditions for Considering Applications. (a) The Administrator shall approve an application for an air pollution control permit if the applicant can show to the satisfaction of the Administrator that all applicable provisions of these Standards and Regulations wil…

§ 1404. Holding and Transfer of Permit. (a) Each air pollution control permit, or a copy thereof, shall be maintained at or near the air pollution emission source for which the permit was issued and shall be made available for inspection upon the Administrator's request. (b) No p…

§ 1405. Cancellation of an Air Pollution Control Permit. (a) Within thirty (30) days of permanent discontinuance of the construction, modification, relocation, or operation of any permitted air pollution emission source, the discontinuance shall be reported in writing to the Admi…

§ 1406. Air Pollution Control Permit Application. (a) Except as stated in Subsection (b), applications for air pollution control permits shall be submitted to the Administrator on forms or format furnished or approved by the Administrator. The applicant shall submit sufficient in…

§ 1407. Duty to Supplement or Correct Permit Applications. Any applicant for an air pollution control 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 submitt…

§ 1408. Compliance Plan. (a) A compliance plan shall be submitted with each permit application, temporary source application, application for renewal, and application for a modification, and at such other times as requested by the Administrator. (b) The owner or operator of an ai…

§ 1409. Compliance Certification of Air Pollution Emission COL 2026-08-06 C H . 1 - G UAM A IR P OLLUTION C ONTROL S TANDARDS AND R EGULATIONS 77 Sources. (a) A compliance certification shall be submitted with each initial permit application, and at such other times as requested …

§ 1410. Transition Period and Deadlines to Submit First Applications. (a) During the transition period, all owners or operators of existing air pollution emission sources shall submit to the Administrator a complete initial air pollution control permit application according to th…

§ 1411. Permit Term. An air pollution control permit shall be issued or renewed for a fixed term of five years unless the owner or operator of the air pollution emission source requests a shorter term, or the Administrator determines that a shorter term is warranted.

§ 1412. Permit Content. The Administrator shall consider and incorporate the following elements in all air pollution control permits, as applicable: (1) Emission limitations and standards, to include insignificant activities identified in the permit application (e.g. for an initi…

§ 1413. Inspections. (a) Every source required to obtain a permit pursuant to these Standards and Regulations shall be subject to regular inspections for compliance with all applicable requirements, these rules, and the terms and conditions of an emissions permit. Such inspection…

§ 1414. Federally-Enforceable Permit Terms and Conditions. Terms and conditions included in an air pollution control permit, including any provision designed to limit a source’s potential to emit, are federally enforceable unless such terms, conditions, or requirements are specif…

§ 1415. Transmission of Information to the USEPA. (a) If the air pollution emission source is a federal oversight source: (1) The Administrator shall submit to the USEPA Administrator a copy of each proposed air pollution control permit and each final air pollution control permit…

§ 1416. USEPA Oversight. (a) This Section applies if the air pollution emission source is a federal oversight source; (1) The Administrator shall not issue an air pollution control permit, permit renewal, or permit amendment for a significant modification, if the USEPA Administra…

§1417 for air pollution emission sources, in the event any emission unit, air pollution control equipment, or related equipment breaks down in such a manner as to cause the emission of air pollutants in violation of these Standards and Regulations or a permit, the owner or operat…

§ 1418. Permit Termination, Suspension, Reopening, and Amendment. (a) The Administrator, on the Administrator's own motion or on the petition of any person for cause, may terminate, suspend, reopen, or amend any permit if, after affording the permittee an opportunity for a hearin…

§ 1419. Public Participation. (a) If the air pollution emission source is a federal oversight source, the Administrator shall provide for public notice, including an opportunity for public comment and the method by which a public hearing can be requested, on all draft initial per…

§ 1420. Administrative Permit Amendment. (a) The Administrator, on the Administrator's sole motion or upon written request from the owner or operator of an air pollution emission source, may issue an administrative permit amendment. (b) Except for a request to consolidate two (2)…

§ 1421. General Fee Provisions. (a) Every applicant for an air pollution control permit shall pay application fees as set forth in §1423. (b) Every owner or operator of an air pollution emission source shall pay annual fees as set forth in §1424. (c) All application and annual fe…

§ 1422. Air Pollution Control Special Fund. (a) All permit application fees, annual emission fees, fines, penalties, bail forfeitures, and other funds collected or received into the Air Pollution Control Special Fund shall be used solely for the costs of administration and implem…

§ 1423. Application Fees for Air Pollution Emission Sources. (a) Application fees shall be submitted with the air pollution control permit application and shall not be refunded or applied to any subsequent application. No air pollution control permit application shall be deemed c…

§ 1424. Annual Fees for Air Pollution Emission Sources. (a) Annual fees shall be paid in full within sixty (60) days after the end of each calendar year and within thirty (30) days after the permanent discontinuance of the air pollution emission source. (b) The Administrator, upo…

§ 1425. Penalties and Remedies. (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 penalties and remedies provided for in

§ 1426. Permit Compliance. A person shall not violate a permit condition or term in an operating permit that has been issued under an EPA approved alternative operating permit program adopted by Guam pursuant to the exemption authorized in 40 CFR Part 69.13. ---------- A RTICLE 5…

§ 1501. Definitions. COL 2026-08-06 C H . 1 - G UAM A IR P OLLUTION C ONTROL S TANDARDS AND R EGULATIONS 108 For purposes of this Section, the following definitions apply, unless clearly designated otherwise: (a) "Actual emissions" means the actual rate of emissions of a pollutan…

§ 1502. Source Applicability. (a) The preconstruction review requirements of this Section are additional requirements for considering an application for an air pollution control permit required by Article 4. (b) No air pollution emission source or modification to which the requir…

§ 1503. PSD review. (a) The provisions of 40 CFR Part §52.21 (b) through (w), as amended, are hereby incorporated into these Standards and Regulations, unless designated otherwise in this Section, to ensure the prevention of significant deterioration of air quality in areas not d…

§ 1504. NAA Review. (a) Except as provided in Subsections (c) through (e), no air pollution control permit shall be issued to an owner or operator proposing to construct a NAA source unless: (1) The NAA source will meet an emission limitation which is the lowest achievable emissi…

§ 1505. NAA Offset Standards. (a) Increased emissions from a NAA source subject to this Section must be offset by the reductions in the emissions of each NAA pollutant for which the air pollution emission source is classified as a major NAA source. Such offset may be obtained by …

§ 1506. Other Nonattainment Area Air Pollution Emission Sources. No air pollution control permit shall be issued to an owner or operator proposing to construct an air pollution emission source other than a NAA source that would emit a NAA pollutant in a nonattainment area unless:…

§ 1601. Source Applicability. (a) The standards of performance requirements of this Section are additional requirements for considering an application for an air pollution control permit required by Article 4. (b) No air pollution emission source or modification to which the requ…

§ 1602. New Source Performance Standards. (a) Each owner or operator of an air pollution emission source shall comply with all applicable requirements of 40 CFR Part 60, as amended, entitled "Standards of Performance for New Stationary Sources”, and is incorporated herein by refe…

§ 1701. Definitions. As used in this Section: (a) "Area source" means any air pollution emission source of hazardous air pollutants that is not a major source but shall not include motor vehicles or nonroad vehicles COL 2026-08-06 C H . 1 - G UAM A IR P OLLUTION C ONTROL S TANDAR…

§ 1702. List of Hazardous Air Pollutants. The following are hazardous air pollutants: CAS Number Chemical Name (a) 75070 Acetaldehyde (b) 60355 Acetamide (c) 75058 Acetonitrile (d) 98862 Acetophenone (e) 53963 2-Acetylaminofluorene (f) 107028 Acrolein (g) 79061 Acrylamide (h) 791…

§ 1703. Applicability. (a) The provisions of this Section are applicable to any air pollution emission source which emits or has the potential to emit any hazardous air pollutant. No air pollution emission source or modification to which the requirements of this Section apply sha…

§49110 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated, except that no variance shall prevent or interfere with the maintenance or attainment of NAAQS. Any application for a variance shall include a calculation and description of any change in emi…

§49115 and §49116 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated. (b) If any part of the annual fee is not paid within thirty (30) days after the due date, a late payment penalty of five per cent (5%) of the amount due shall at once accrue and be…

§49116 of Chapter 49, Part 2, Division 2, Part 1 of Title 10 of the Guam Code Annotated

§763.80 through §763.99, as amended, and all accompanying appendices and references are hereby incorporated by reference as amended in this Subsection (f). (f) In 40 CFR §763.85, asbestos containing material shall include friable and nonfriable asbestos containing building materi…

§ 10101. Authority. 10 GCA Chapter 47 - “Water Pollution Control Act.”

§ 10102. General Provisions: Purpose, Scope, Applicability and Exemptions. (a) Purpose. Whereas soil erosion and sedimentation resulting from the construction of sub-divisions, industrial and commercial developments, highways and other activities requiring excavation and filling …

§ 10103. Definitions. (a) Meanings of words and terms. The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise: D IV . 2 – W ATER C ONTROL C H . 10 – G UAM S OIL E ROSION AND S EDIMENT C ONTR…

§ 10104. Permit Issuance and Denials. (a) Permits Required. (1) Unless exempted, no person shall commence or perform any grading, clearing, grubbing, embankment, filling, excavation or other earth-moving activity without a grading permit; (2) Unless exempted, no person shall comm…

§ 10105. Erosion and Sediment Control Plans. (a) General Requirements. D IV . 2 – W ATER C ONTROL C H . 10 – G UAM S OIL E ROSION AND S EDIMENT C ONTROL 21 (1) All earth-moving activities on Guam shall be conducted in such a way as to prevent accelerated erosion and the resulting…

§ 10106. Erosion and Sediment Control Plans and Measures. (a) General policies for Erosion and Sediment Control. (1) All earth-moving operations on Guam shall be conducted in a manner that prevents accelerated land erosion, transportation of sediment to and along highways, or sil…