Regulations last checked for updates: Oct 31, 2024

Title 40 - Protection of Environment last revised: Oct 29, 2024
§ 52.2670 - Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for Guam under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after January 1, 2005, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of January 1, 2005.

(3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.

Table 52.2670—EPA Approved Territory of Guam Regulations

State citation Title/subject Effective date EPA approval date Explanation
Air Pollution Control Standards and RegulationsTable of Contents8/8/197312/19/1978 43 FR 48638
Chapter 01Definitions (1.1-1.17, 1.20-1.43)8/24/7905/12/81, 46 FR 26303
Chapter 02.1-02.2Ambient Air Quality Standards8/8/7312/19/78, 43 FR 48638
Chapter 02.3-02.4Ambient Air Quality Standards1/13/725/31/72, 37 FR 10842
Chapter 03.01-03.09Permits Required, etc.8/24/795/12/81, 46 FR 26303
Chapter 03.10, 3.11 and 03.13Responsibility of the Permit Holder, etc. (for complex sources only)8/8/7312/19/78, 43 FR 48638
Section 1104.26Permit Compliance06/03/052/27/06, 71 FR 9716
Chapter 04.1-04.4Monitoring, Records and Reporting8/24/795/12/81, 46 FR 26303
Chapter 05.1-05.2Sampling and Testing Methods1/13/725/31/72, 37 FR 10842
Chapter 05.3Sampling and Testing Methods8/24/795/12/81, 46 FR 26303
Chapter 06.1Control of Open Burning1/13/725/31/72, 37 FR 10842
Chapter 06.2Exceptions8/24/795/12/81, 46 FR 26303
Chapter 06.3Outdoor Cooking Waiver1/13/725/31/72, 37 FR 10842
Chapter 07.1Control of Particulate Emissions from Process Industries8/24/795/12/81, 46 FR 26303
Chapter 07.2-07.3Process Weight8/8/7312/19/78, 43 FR 48638
Chapter 07.4-07.5Process Weight Table8/24/795/12/81, 46 FR 26303
Chapter 08.1-08.2Control of Fugitive Dust8/8/7312/19/78, 43 FR 48638
Chapter 08.3-08.6Specific Requirements8/24/795/12/81, 46 FR 26303
Chapter 08.8-08.9Compliance Schedule8/8/7312/19/78, 43 FR 48638
Chapter 09.1-09.9Control of Particulate Emission from Incinerator; Design and Operation1/13/725/31/72, 37 FR 10842
Chapter 10.1-10.2Control of Visible Emission of Particulates for Stationary Sources8/24/795/12/81, 46 FR 26303
Chapter 11.1-11.3Control of Odors in Ambient Air1/13/725/31/72, 37 FR 10842
Chapter 12.1; 12.2 & 12.4Air Pollution Emergencies8/24/795/12/81, 46 FR 26303
Chapter 13.1Control of Sulfur Dioxide Emissions8/24/795/12/81, 46 FR 26303For All Sources except Tanguisson Power Plant.
Chapter 13.1Addendum to 13.11/28/805/12/81, 46 FR 26303Compliance Order for Inductance.
Chapter 13.2Control of Sulfur Dioxide Emissions1/13/725/31/72, 37 FR 10842For Tanguisson Power Plant only.
Chapter 13.3 & 13.4Control of Sulfur Dioxide Emissions8/24/793/06/80, 45 FR 14559
Chapter 14.1-14.7Motor Vehicle Pollution Control8/24/795/12/81, 46 FR 26303
Chapter 17.1-17.4Appeal Procedures, Circumvention, Severability, and Effective Date12/11/819/30/82, 47 FR 43054

(d) EPA approved State source specific requirements.

Name of source Permit no. Effective date EPA approval date Explanation
none

(e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures.

EPA Approved Guam Nonregulatory Provisions and Quasi-Regulatory Measures

Name of SIP provision Applicable geographic or
nonattainment area
State
submittal
date
EPA approval date Explanation
Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam
Section I: Public HearingState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section II: IntroductionState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section III: Legal authorityState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section IV: Ambient air quality standards and air pollution control regulationsState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. This is a narrative discussion only. The approved regulations are listed in the table in 40 CFR 52.2670(c).
Section V: Emission inventoryState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section VI: Air quality dataState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section VII: Classification of RegionState-wide1/25/19725/31/1972, 37 FR 10842Included as part of the original SIP. See 40 CFR 52.2673(b).
Section VIII: Control Strategy
Subsection A (Control Strategy for Sulfur Oxides)State-wide1/25/19725/31/1972, 37 FR 10842Included as part of the original SIP. See 40 CFR 52.2673(b).
Territory of Guam NAP for SO2Piti Nonattainment Area6/30/19825/15/1984, 49 FR 20495Narrative and Control Strategy portion of the Piti nonattainment plan, Addendum B, “Preliminary Results of SO2 Dispersion Modeling;” and “Official Report of Public Hearing.” The remaining portions of the addenda are for informational purposes only. See 40 CFR 52.2673(c)(5).
Subsection B (Control Strategy for Particulate Matter)State-wide1/25/19725/31/1972, 37 FR 10842Included as part of the original SIP. See 40 CFR 52.2673(b). Subsection B of Section VIII (Control Strategies), as submitted on August 14, 1973, was erroneously listed as approved in 40 CFR 52.2670(c)(1), now designated at 40 CFR 52.2673(c)(1). See list of disapproval actions at 43 FR 59066 (December 19, 1978)
Subsection C (SET II Pollutants—Carbon Monoxide, Hydrocarbons, Photochemical Oxidants, and Nitrogen Dioxide)State-wide8/14/197312/19/1978, 43 FR 59066Revision to original SIP. See 40 CFR 52.2673(c)(1).
Letter from Paul H. Calvo, Guam EPA, to Kathleen M. Bennett, EPA, dated November 24, 1982State-wide11/24/19828/14/1985 50 FR 32697Negative declaration indicating no Lead Sources in Guam. See 40 CFR 52.2673(c)(6).
Section IX: Complex sourcesState-wide8/14/19732/25/1974, 39 FR 7285Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section X: Air quality surveillance networkState-wide5/22/19841/22/1985, 50 FR 2820Superseded previous version of Section 10 approved at October 19, 1978 (43 FR 48638). See 40 CFR 52.2673(c)(5).
Section XI: Emergency Episode SystemState-wide1/25/19725/31/1972, 37 FR 10842Included as part of the original SIP. See 40 CFR 52.2673(b).
Section XI: Source surveillance systemState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section XIII: Review of New Source and ModificationsState-wide1/25/19725/31/1972, 37 FR 10842Included as part of the original SIP. See 40 CFR 52.2673(b).
Section XIII: Compliance ScheduleState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section XV. ResourcesState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Section XVI: Intergovernmental cooperationState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Appendix A: Notice and minutes of public hearingState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Appendix C: Public Law 11-191State-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. Enacted on December 7, 1972. Titled, “Guam Environmental Protection Agency Act.” See 40 CFR 52.2673(c)(1).
Appendix F: Summary of air quality dataState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Appendix G: Steam power plant parametersState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Appendix H: Diffusion model computer printoutState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Appendix J: Minutes and letters of public hearing on compliance schedulesState-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
Appendix K: Inventory data for 1973State-wide8/14/197310/19/1978, 43 FR 48638Revision to original SIP. See 40 CFR 52.2673(c)(1).
[70 FR 20475, Apr. 20, 2005; 70 FR 21496, Apr. 26, 2005, as amended at 71 FR 9719, Feb. 27, 2006; 80 FR 8548, Feb. 18, 2015]
§ 52.2671 - Classification of regions.

The Guam plan was evaluated on the basis of the following classifications.

Air quality control region Pollutant
Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Photochemical oxidants (hydrocarbons)
GuamIIIIIIIIIIIIII
§ 52.2672 - Approval status.

With the exceptions set forth in this subpart, the Administrator approves Guam's plan for the attainment and maintenance of the National Standards.

[46 FR 25303, May 6, 1981]
§ 52.2673 - Original identification of plan.

(a) This section identified the original “Implementation Plan for Compliance With the Ambient Air Quality Standards for the Territory of Guam” and all revisions submitted by the Territory of Guam that were federally approved prior to January 1, 2005.

(b) The plan was officially submitted on January 25, 1972.

(c) The plan revision listed below was submitted on the date specified.

(1) Revised implementation plan submitted on August 14, 1973, by the Governor.

Section I—Public hearing. Section II—Introduction. Section III—Legal authority (narrative). Section IV—Ambient air quality standards and air pollution control regulations (narrative). Section V—Emissions inventory. Section VI—Air quality data. Section VIII (B and C)—Control strategies. Section IX—Complex sources (narrative). Section X—Air quality surveillance network (narrative). Section XI—Source surveillance system (narrative). Section XIII—Compliance schedule. Section XV—Resources. Section XVI—Intergovernmental cooperation (narrative). Appendix A—Notice and minutes of public hearing. Appendix C—Pub. L. 11-191 (enacted on December 7, 1972). Appendix E (Regulations): Chapter 1, Definitions: 1.1-1.8, 1.10-1.14, 1.16, 1.19, and 1.21-1.32. Chapter 2, Ambient Air Quality Standards: 2.1 and 2.2. Chapter 3, Permits (for complex sources only): 3.1-3.13. Chapter 4, Monitoring, Records, and Reporting: 4.2, and 4.4. Chapter 5, Sampling and Testing: 5.3. Chapter 6, Control of Open Burning: 6.2(g)(1-3). Chapter 7, Control of Particulate Emission from Process Industries: 7.1-7.4 (7.1 and 7.6 deleted without replacement). Chapter 8, Control of Fugitive Dust: 8.1-8.9. Chapter 10, Control of Visible Emissions: 10.1(b) and the deletion of 10.1(c). Chapter 14, Motor Vehicle Pollution Controls: 14.1-14.7. Chapter 15, Appeal Procedures, Circumvention, Severability, and Effective Date: 15.1-15.4 Appendix F—Summary of air quality data. Appendix G—Steam powerplant parameters. Appendix H—Diffusion model computer printout. Appendix J—Minutes and letters of public hearing on compliance schedules. Appendix K—Emissions inventory data.

(2) Amendments to the Guam Air Pollution Control Standards and Regulation submitted on October 12, 1979 by the Governor's designee.

(i) Chapter 13—Control of Sulfur Dioxide Emission, 13.3, 13.4.

(ii) Deleted without replacement Rule 13.3 (submitted January 25, 1972).

(iii) Chapters 1 (except 1.18 and 1.19), 4, 10, 12 and 14; Rules 3.1-3.9, 5.3, 6.2, 7.1, 7.4, 7.5, 8.3-8.7, 13.1, 13.2 and 18.1-18.4; and deletion of Rules 3.12, 3.17 and 12.3.

(3) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on April 1, 1980 by the Governor's designee.

(i) Addendum to 13.1—Compliance Order for the Guam Power Authority's Power Barge “Inductance”.

(4) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on January 6, 1982 by the Governor's designee.

(i) Chapter 17—Appeals Procedures, Circumvention, Severability, and Effective Date.

(5) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on June 30, 1982 by the Governor's designee.

(i) “Territory of Guam NAP for SO2,” consisting of the narrative or Control Strategy portion of the Piti NAP; Addendum B, “Preliminary Results of SO2 Dispersion Modeling;” and “Official Report of Public Hearing.” The remaining portions of the addenda are for informational purposes only.

Editorial Note:At 50 FR 2820, Jan. 22, 1985, the following paragraph (c)(5) was added to § 52.2670. Redesignated as § 52.2673, at 70 FR 20475, Apr. 20, 2005.

(5) Amendments to the Guam Air Pollution Standards and Regulations submitted on May 22, 1984.

(i) Section X. Air Quality Surveillance Network.

(6) The following amendments to the plan were submitted on November 24, 1982, by the Governor.

(i) Negative declaration indicating no Lead Sources in Guam.

[37 FR 10904, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 43 FR 48639, Oct. 19, 1978; 43 FR 59067, Dec. 19, 1978; 45 FR 14560, Mar. 6, 1980; 46 FR 26303, May 12, 1981; 47 FR 43054, Sept. 30, 1982; 49 FR 20496, May 15, 1984; 50 FR 2820, Jan. 22, 1985; 50 FR 32698, Aug. 14, 1985. Redesignated and amended at 70 FR 20475, Apr. 20, 2005]
§§ 52.2674-52.2675 - §[Reserved]
§ 52.2676 - Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Guam.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11325, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003]
§ 52.2677 - [Reserved]
§ 52.2678 - Control strategy and regulations: Particulate matter.

(a) The requirements of § 51.110(a) and subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the national standards.

(b) Chapter 6, Regulations 6.2(g)(1-3) of the “Guam Air Pollution Control Standards and Regulations” (control of open burning—agricultural crops) are disapproved since they do not provide criteria upon which to base the approval or denial of permit requests.

(c) The following rules are disapproved because they could allow an emissions increase, and a control strategy demonstration has not been submitted showing that any increased emissions would not interfere with the attainment or maintenance of the NAAQS.

(1) Rule 8.7, submitted on October 12, 1979.

[43 FR 59067, Dec. 19, 1978, as amended at 46 FR 26303, May 12, 1981; 51 FR 40676, Nov. 7, 1986]
§ 52.2679 - Control strategy and regulations: Sulfur dioxide.

(a) Approvals of the following rules are limited to specific sources, since a control strategy demonstration has not been submitted showing that any increased emissions would not interfere with the attainment or maintenance of the NAAQS.

(1) Rule 13.1, submitted on October 12, 1979, for all applicable sources except the Tanguisson Power Plant.

(2) Rule 13.2, submitted on January 25, 1972, for the Tanguisson Power Plant.

(b) The following rules are disapproved because they are inconsistent with section 123(a)(2) of the Clean Air Act which requires continuous control strategies.

(1) Rule 13.2, submitted on October 12, 1979.

[46 FR 26304, May 6, 1981]
§§ 52.2680-52.2681 - §[Reserved]
§ 52.2682 - Air quality surveillance.

(a) The requirements of § 51.27(a)(2) of this chapter as of December 19, 1978 (43 FR 59067), are not met. In addition, Chapter 1, Regulation 1.8 and Chapter 5, Regulation 5.3 of the “Guam Air Pollution Control Standards and Regulations” (buffer zones—air quality sampling) are not in conformance with the intent of the Clean Air Act and the definition of “ambient air” promulgated at § 50.1(e) of this chapter. Regulations 1.8 and 5.3 are disapproved because they could prohibit ambient air quality sampling at places of expected maximum concentration and/or at places where the public has access.

[43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986]
§ 52.2683 - [Reserved]
§ 52.2684 - Source surveillance.

(a) The requirements of § 51.214 and Appendix P of this chapter are not met since the plan does not contain sufficient regulations pertaining to continuous in-stack monitoring.

[43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986]
§ 52.2685 - [Reserved]
§ 52.2686 - Upset-breakdown reporting.

(a) Chapter 4, Regulation 4.4 of the “Guam Air Pollution Control Standards and Regulations” (reporting of upsets and breakdowns) is disapproved since criteria for further enforcement action are not specified, thus permitting the Guam Administratorunlimited discretion.

[43 FR 59067, Dec. 19, 1978]
cite as: 40 CFR 52.2678