As used in these Standards and Regulations:

(1) “Air pollutant” means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes odorous substances and 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.

(2) “Air pollution” means the presence in the outdoor atmosphere of one or more substances in such quantities and duration as is or tends to be injurious to human health or welfare, plant or animal life or property, or would unreasonably interfere with the enjoyment of life or property.

(3) “Air pollution control equipment” means equipment or a facility of a type intended to eliminate, prevent, reduce, or control the emissions of any regulated or hazardous air pollutant to the atmosphere.

(4) “Air pollution emission source,” “emission source,” “stationary air pollution source” or “source” means any piece of equipment or activity at a building, structure, facility, or installation that emits or may emit any air pollutant. For this definition, “Building, structure, facility, or installation” means all of the air pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except for the activities of any vessel which are not regulated under the federal Clean Air Act. Air pollutant emitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e. which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1987).

(5) “Allowable emissions” means the emissions of an air pollution emission source calculated using the maximum rated capacity of the source, or, if the source is subject to federally enforceable limits which restrict the operating rate, capacity, or hours of operations, or any combination of these, then the maximum of the source, considering federally enforceable limits, and the most stringent of the following:

(A)The applicable standards set forth in 40 CFR Parts 60, 61, and 63;

(B) Any American Samoa implementation plan emission limitation, including those with future compliance dates; and

(C) The emission rates specified in a federally enforceable permit condition, including those with future compliance dates.

(6) “Applicant” means any person who submits an application for a permit.

(7) “ASEPA” means the American Samoa Environmental Protection Agency or its authorized agents.

(8) “ASCA” means the American Samoa Code Annotated.

(9) “Best available control technology” means an emissions limitation including a visible emission standard based on the maximum degree of reduction for each pollutant subject to regulation approved pursuant to the Clean Air Act which would be emitted from any proposed air pollution emission source or modification which the executive secretary, on a cases-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard promulgated pursuant to 40 CFR Parts 60, 61, and 63. If the executive secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(10) “BTU” means British thermal unit.

(11) “CFR” means the Code of Federal Regulations.

(12) “Clean Air Act” means the Clean Air Act of 1963, as amended, 42 U.S.C. Section 7401, et. seq.

(13) “Commenced” as applied to construction of or modification to an air pollution emission source, means that the owner or operator, has all necessary preconstruction approvals or permits and either has:

(A) Begun, or caused to begin a continuous program of actual operation on-site construction of the source; or

(B) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual operation or construction of the source.

(14) “Commission” means the Environmental Quality Commission.

(15) “Complete” means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.

(16) “Compliance Plan” means a plan which includes a description of how an owner or operator proposes to comply with all applicable requirements of these Standards and Regulations and includes a schedule of compliance and a schedule under which the owner or operator will submit progress reports to the Commission.

(17) “Construction” means a physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an emissions unit which would result in a change in actual emissions.

(18) “Director of ASEPA” or “director” means both the director of the ASEPA and the executive secretary of the environmental quality commission or his authorized agents.

(19) “Draft permit” means the version of a permit for which the director offers public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to section 24.0539.

(20) “Emission” means the act of releasing or discharging air pollutants into the ambient air from any source or an air pollutant which is released or discharged into the ambient air from any source.

(21) “Emission limitation” means a requirement established by the director of ASEPA or USEPA Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

(22) “Emissions unit” means any part or activity of an air pollution emission source that has the potential to emit any regulated or hazardous air pollutant.

(23) “Executive secretary” means both the executive secretary of the Environmental Quality Commission and the director of the ASEPA or his authorized agents.

(24) “Existing air pollution emission source” means an air pollution emission source that has received an air pollution control permit, commenced construction or a modification, or was in operation prior to the effective date of these Standards and Regulations.

(25) “Federally enforceable” means all limitations and conditions which are enforceable by the USEPA Administrator or any person commencing an action under 42 U.S.C. 7604, including those requirements developed pursuant to 40 CFR Parts 60, 61, and 63; requirements within the American Samoa Implementation Plan; or any permit requirements established pursuant to 40 CFR 52.21 or all permit terms and conditions in a stationary air pollution source permit except those specifically designated as not federally enforceable or regulations approved pursuant to 40 CFR Part 51 Subpart I, and also including operating permits issued under an EPA-approved program that is incorporated into these standards and regulations and expressly requires adherence to any permit issued under such a program.

(26) “Fuel burning equipment” means a furnace, boiler, apparatus, stack, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by heat transfer.

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

(28) “Hazardous Air Pollutant” or “HAP” means those hazardous air pollutants listed in or promulgated pursuant to Section 112(b) of the federal Clean Air Act and any other hazardous air pollutants referenced in section 24.0541 of these standards and regulations.

(29) “mg/m3” means milligrams per cubic meter.

(30) “Month” means a calendar month.

(31) “NAAQS” means the National Ambient Air Quality Standards contained in 40 CFR Part 50.

(32) “National Emission Standards for Hazardous Air Pollutants” means the federal emission standards contained in 40 CFR Parts 61 and 63.

(33) “New air pollution emission source” means an air pollution emission source that commenced construction or modification on or after the effective date of these Standards and Regulations.

(34) “Opacity” means a condition which renders material partially or wholly impervious to rays of visible light and causes obstruction of an observer’s view.

(35) “Owner or operator” means a person who owns, leases, operates, controls, or supervises an air pollution emission source.

(36) “Particulate matter” means any material, except water in uncombined form, that is or has been airborne and exists as a liquid or a solid at standard conditions.

(37) “Permit” means written authorization from the Commission, and as applicable, the USEPA Administrator, to construct, modify, relocate, or operate any regulated or hazardous air pollutant source.

(38) “Permit renewal” means the process by which a permit is reissued at the end of its term.

(39) “Person” means an individual, firm, corporation, association, partnership, consortium, subdivision of the Territory, or, to the extent they are subject to these Standards and Regulations, the United States or any municipality, or any interstate body.

(40) “PM10” means particulate matter with the aerodynamic diameter less than or equal to a nominal ten micrometers.

(41) “Potential annual heat input” means the product of the maximum rated heat input capacity (megawatts or million BTU per hour) times 8760 hours per year.

(42) “Potential to emit” means the maximum capacity of an air pollution emission source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Commission and the USEPA Administrator.

(43) “Reconstruction” means the replacement of components at an existing air pollution emission source to such an extent that the fixed capital cost of the new components exceeds fifty per cent of the fixed capital cost that would be required to construct a comparable entirely new air pollution emission source.

(44) “Regulated air pollutant” means:

(A) Nitrogen oxides or any volatile organic compound;

(B) Any air pollutant for which a national or American Samoa ambient air quality standard has been promulgated;

(C) Any air pollutant that is subject to a standard promulgated under section 111 of the Clean Air Act;

(D) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act;

(E) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Clean Air Act, including sections 112(g), (j), and (r) of the Clean Air Act, including the following:

(i) Any pollutant subject to requirements under section 112(j) of the Clean Air Act. If the date established pursuant to section 112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Clean Air Act; and

(ii) Any other pollutant subject to a standard or requirement in these Standards and Regulations.

(45) “Responsible official” means:

(A) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or an authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

(i) The facilities employ more than 100 persons or have gross annual sales or expenditures exceeding $5 million; or

(ii) The delegation of authority to such representative is approved in advance by the executive secretary;

(B) For a partnership or sole proprietorship: a general partner or the proprietor, respectively, or

(C) For a municipality, state, federal, or other public agency: a principal executive officer, ranking elected official, or an authorized representative is approved in advance by the director. For the purposes of these Standards and Regulations, a principal executive officer of a federal agency having responsibility for the overall operations of a principal geographic unit of the agency.

(46) “Risk Assessment” means the process of determining the potential adverse health effects of human exposure to environmental hazards. The process includes hazard identification, dose-response assessment, exposure assessment and risk characterization by quantifying the magnitude of public health problem that results from the hazard.

(47) “Significant increase” means, in reference to a net emissions increase or the potential of a source to emit:

(A) A rate of emissions that would equal or exceed any of the following pollutant and emission rates:

(1) Carbon monoxide: 100 tpy;

(2) Nitrogen oxides: 40 tpy;

(3) Sulfur dioxide: 40 tpy;

(4) Particulate matter: a total of 25 tpy of particulate matter of all sizes or 15 tpy of PM10;

(5) Ozone: 40 tpy of volatile organic compounds;

(6) Lead: 0.6 tpy;

(7) Asbestos: 0.007 tpy;

(8) Beryllium: 0.0004 tpy;

(9) Mercury: 0.1 tpy;

(10) Vinyl Chloride: 1 tpy;

(11) Fluorides: 3 tpy;

(12) Sulfuric acid mist: 7 tpy;

(13) Hydrogen sulfide (H2S): 10 tpy;

(14) total reduced sulfur (H2S): methyl mercaptan, dimethyl sulfide, and dimethyl disulfide: 10 tpy;

(15) Reduced sulfur compounds (H2S, carbon disulfide and carbonyl sulfide): 10 tpy;

(16) Municipal waste combustor organics: 3.2 grams per year (3.5 x 10-6 tpy) measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans;

(17) Municipal waste combustor metals: 14 megagrams per year (15 tpy) measured as particulate matter; or

(18) Municipal waste combustor acid gases: 36 megagrams per year (40 tpy) measured as sulfur dioxide and hydrogen chloride;

(B) Any net emissions increase of a pollutant or the potential of a source to emit a pollutant subject to regulation pursuant to the Clean Air Act that paragraph (1) does not list; and

(C) Notwithstanding paragraph (1), any emissions increase associated with a major pollution emission source or major modification, which would be constructed within ten kilometers of a Class I area, and have an impact on such area equal to or greater than on mg/m3 (twenty-four hour average).

(48) “Smoke” means the gaseous products of burning carbonaceous materials made visible by the presence of small particles of carbon.

(49) “Source” means property, real or personal, which emits or may emit any air pollutant.

(50) “Stack” means a point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

(51) “Stationary air pollution source permit” means written authorization from the executive secretary to construct, modify, relocate, or operate an air pollution emission source.

(52) “Tpy” means tons per year.

(53) “Upon program approval” means the date the Territory of American Samoa stationary air pollution source permit program is granted full or interim approval by the USEPA Administrator pursuant to 40 CFR Part 69 and thereafter.

(54) “USEPA” means the United States Environmental Protection Agency.

(55) “USEPA Administrator” means the Administrator of the USEPA or his or her designee.

(56) “VOC” means volatile organic compound.

(57) “Volatile Organic Compound” means a compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes any such organic compound other than methane; ethane; methylene chloride (dichloromethane); 1,1,1 trichloroethane (methyl chloroform); 1,1,1 tri-chloro-2,2,2 trifluorothane (CFC – 113); trichlorofluoromethane (CFC- 11); dichlorodifluoromethane (CFC- 12); chlorodifluoromethane (CFC- 22); trifluoromethane (FC- 23); trfluoro-2,2¬dichloroethane (HCFC- 123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro-1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142B); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); and perfluorocarbon compounds which fall into these classes:

(A) Cyclic, branched, or linear, completely fluorinated alkanes;

(B) Cyclic ,branched, or linear, completely fluorinated ethers with no unsaturations;

(C) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(D) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

History: 2005