Title 10 — Health and Safety

This Chapter shall be known as the Air Pollution Control Act.

It is hereby declared to be the public policy of this Territory and the purpose of this Chapter to achieve and maintain the levels of air quality that will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and propert…

As used in this Chapter: (a) Administrator means the Administrator of the Guam Environmental Protection Agency, or the Administrator's designee. (b) Agency means the Guam Environmental Protection Agency. (c) Air Pollutant means any air pollution agent or combination of such agent…

The Agency is authorized and directed to: (a) hold hearings related to any aspect of, or matter in the administration of, this Chapter, and in connection therewith, compel the attendance of witnesses and the production of evidence; (b) require access to records relating to emissi…

The Administrator shall have and may exercise the following powers and duties: (a) to consider actions of the agency as set forth in § 49104 of this Chapter, and shall take actions as necessary to protect human health, welfare or the environment; (b) to issue, amend, rescind and …

The Administrator may require an owner or operator of any source, on a continuous, periodic or one-time basis to: (a) establish, maintain and submit records; (b) draft reports; CH 49 AIR POLLUTION CONTROL ACT (c) install, use and maintain monitoring equipment, and use audit proce…

(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 cl…

(a) Any duly authorized officer, employee or representative of the Agency may enter and inspect any property, premise or place on or at which an air pollutant source is located or is being constructed, installed or established at any reasonable time for the purpose of ascertainin…

(a) The Agency shall establish the emission control requirement, by rule or regulation, necessary to prevent, abate or control air pollution. The requirements may be for the Territory as a whole, or may vary from area to area, as may be appropriate to facilitate accomplishment of…

(a) Any person who owns or who is in control of any plant, building, structure, establishment, process or equipment, may apply to the Agency for a variance from the rules and regulations. The Agency may grant a variance, but only after public hearing on due notice, if it finds th…

(a) Any person who received an order from the Administrator, as authorized by this Chapter, and any person whose permit application is disapproved or denied by the Administrator, may within fifteen (15) days of the date of receipt of the order or disapproval, file a notice of int…

(a) Whenever the Agency determines that there is probable cause based upon an investigation that a violation of any provision of this Chapter or rule or regulation pursuant thereto has occurred, it may cause written notice to be served upon the alleged violator or violators. The …

CH 49 AIR POLLUTION CONTROL ACT (a) Notwithstanding any other law, if the Administrator determines that a pollution source or combination of sources is creating an imminent and substantial endangerment to the public health, welfare or the environment, the Administrator, with the …

(a) Any records, reports, or information obtained under '§ 49106, 49107 and 49108 of this Chapter shall be available to the public, except that upon a showing satisfactory to the Agency by any person that records, reports or information, or particular part thereof, other than emi…

The Agency may maintain an action to restrain any violation or threatened violation of the provisions of this Chapter, or the rules and regulations authorized. The right to injunctive relief is in addition to any other powers or penalties conferred by this Chapter.

(a) Administrative Penalties. The Administrator may issue an administrative order against any person and assess a civil administrative penalty of up to Ten Thousand Dollars ($10,000.00) per day per violation not to exceed a total penalty of Two Hundred Thousand Dollars ($200,000.…

(a) As the state of knowledge and technology relating to the control of emission from motor vehicles may permit or make appropriate, and in furtherance of the purpose of this Chapter, the Agency may provide rules and regulations for the control of emissions from motor vehicles. T…

CH 49 AIR POLLUTION CONTROL ACT (a) This Law shall go into effect one hundred eighty (180) days after enactment. During that initial one hundred eighty (180) day period, the Administrator of the Guam Environmental Protection Agency shall educate the public about the new law and g…

Notwithstanding any other provision of law, rule or administrative policy or waiver, effective January 1, 2011, all diesel fuel imported to Guam shall meet the USEPA standards for ultra-low sulfur diesel fuel. For purposes of this Section, ultra - low sulfur diesel fuel shall be …

The provisions of this Chapter are severable and if any of the provisions of this Chapter are held invalid or unconstitutional or CH 49 AIR POLLUTION CONTROL ACT the application thereof to any person or circumstance is held inapplicable, such invalidity, unconstitutionality, or i…