Definitions

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 agents, including any physical; chemical; biological; radioactive, inclusive of source material special nuclear material, and byproduct material; substance; or matter which is emitted or otherwise enters the ambient air. The term includes any precursors to the formation of any pollutant, to the extent that the agent or combination of such agents is identified in any Federal or Territory rules as precursors.

(d)Air Pollution means the presence in the outdoor atmosphere of one

(1)or more substances in such quantities and duration as is, or tends to be, injurious to human health, welfare, plant life, animal life, or property, or would unreasonably interfere with the enjoyment of life or property.

(e)Air Pollution Emission Source means property, real or personal, which emits, or may emit, air pollution.

(f)Applicable Requirements means any standard or other requirement, term or condition, adopted by the Administrator through regulation.

(g)Clean Air Act means the Federal Clean Air Act of 1963, as amended.

(h)Compliance Plan means a plan which includes a description of how a source proposes to comply with all applicable requirements pursuant to this Chapter, and COL4/6/2022 CH 49 AIR POLLUTION CONTROL ACT includes a schedule of compliance and a schedule under which the permittee will submit progress reports to the Agency.

(i)Emission means a release of air pollutants into the outdoor atmosphere.

(j)Fugitive Emissions means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

(k)Hazardous Air Pollutant means those hazardous air pollutants listed in '112(b) of the Clean Air Act, as amended, 42 United States Code '7412(b), and any other pollutant designated by Federal or Territory rules as hazardous.

(l)Major Source means any air pollution emission source, or any group of sources, that is located on one

(1)or more contiguous properties or adjacent properties, and is under common control of the same person or persons, and that emits or has the potential to emit, considering controls:

(1)any hazardous air pollutant, except radionuclides, in the aggregate if ten

(10)tons per year or more, including fugitive emissions, or twenty-five

(25)tons per year or more of any combination, including fugitive emissions or such lesser quantity as the Administrator may establish by rule; or

(2)one hundred

(100)tons per year or more of any air pollutant belonging to a single major industrial grouping, including fugitive emissions, as established by the Administrator by rule; or

(3)for radionuclides, major source shall have the meaning specified by the United States Environmental Protection Agency (AUSEPA@) Administrator by rule.

(m)Owner or Operator means any person who owns, leases, operates, controls or supervises an air pollution emission source.

(n)Permit means written authorization from the Administrator to construct, modify, relocate or operate an air COL4/6/2022 CH 49 AIR POLLUTION CONTROL ACT pollution emission source. A permit authorizes the permittee to cause or allow the emission of an air pollutant in a specified manner or amount, or to do any act, not forbidden by this Chapter or by rules adopted pursuant to the Chapter.

(o)Person means any individual, partnership, firm, association, municipality, public or private corporation, subdivision, or agency of the Territory, trust, estate or any other legal entity.

(p)Pollution Prevention means the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source.

(q)USEPA Administrator means the Administrator of the United States Environmental Protection Agency, or his designee.