CHAPTER 2401-71

AIR POLLUTION CONTROL REGULATIONS

PROPOSED AMENDMENTS 'TO THE REPUBLIC O F PAL;I[I AIR POLLUTION CONTROL REGULATIONS::

Add Senrence:

?'he co11st1-uction of ntly new or existing stationary source subject to the provisions of this Chap te r shall co~nply with the terms, conditions, p*-ovisions and rrlanagernent plarls for any National, State or traditional conservation nr-en, preserve or other protected area as established by law.

Inscrc new division (E)

The operation,of any 11ew or existing stario~l;zry suurce subject to ~'i-:e pl-ovis;c>!>s of this Chap tci* shall cornply with the terms, conditions, provisions ntl-I management p!ans for any National, State or* traditional consel-vati:.n area, preserve or 031ci ~ ~ o t e c t e d area as established by ixw.

Add new Section:

2401-71-74 Protected Areas

p.11 activities suljject to tile provisions of this Chapter shall comply with the terms, conditicn:-. p m i.:r-lcs and rnanabetnent plans tcr any National, Sratc - 2 - traditional cor~se~*vatio:~ k:ea, gl:.esenie or other protected area as escablis!~e.f b: Inws.

I.' l'i'cc~ive Dase Wrch 12. 1999

1 :,,l.t i Tica~ion of Adoption olrr;, Chairper-son

E~~\r i ronrnenra l Qualiiy Protection Bc..:!-d

CHAPTER 2401-71 AI R POLLUTION CONTROL REGULATIONS

G E N ~ L PROVISIONS Authprity pup& Definitions AIR QUALITY STANDARDS Introduction Air Quality Standards Antidegradation P W I T S Permit to Construct Pernit to Operate Exempiions Appii.3tion Zrandards for Approval, Condttronal App.oval, or Dea~ial of Permit AppLications Conditional Approval Permit Denial Public Notice Action on App1icaticj.1~ Performance Testing Revoking of Permits , Transfer of Permit Reporting Information ResponsibiIity of the errnit Holder Reporting Discontinuance or Dismantler!~ent Pasting of Permits Falsifying or Altering Permits MONITOWNG, RECORDS, AND REPORTING Monitoring, Record.Keeping and Seporting Requid Stationary Sou- Emission Repr.br; Procedures Shutdown for Mainte~nce of Ai, Pot(. tior! cotd:~f

M. Equrilt I iemn, Bceakdow~~, Shut?own G+pliar?:e with thatio..al trnbie;.' i k i . 9:uli:y Standards +nd Enforcemeit SAMPUNG AND TES~ING METHODS Procedures Authority to Conduct Tests; Assistance Buffcr Zone CONIROL OF FUGITIVE DUST Controt of Fugitive Dust Alternate Controls Processing, Handling, Transportation, and Storage Construction and Sandtlasti~:g Operations Grading and Clearing Roads and Parking Lots Compliance Schedule Report Regarding Ccrnpliar~c: CONIROL GF OPEN BURNING Open Burning Prohibited Exceptions Preparation of Food STANDARDS OF PERFORMANCE FOR NEW STATIONARY S 0 URCES General Designated Standards of Petior~rrance Word and Phrase Substitutions CONTROL OF PARTICULATE ELIISSION Process Industries Fuel Burning Installations CONTROL OF PARTICUMTE EMISSION FROM ~NCINFIWTOR: DESIGN AND OPHUTION ~ ~ ~ l i & t i o n Prohibitions

Emission Tests and Burning Capacities Multiple ChamberCylinders Required CONXOL OF VISIBLE EMISSIONS OF ?ARTICULATES FOR STATIONARY SOURCB Visible Emission Restrictions for Stationary Sources CONTROL OF 000s IN CLEAN AIR Prohibition on Odors Exceptions ' CONfKOl OF SULFUR DIOXIDE EMISSIONS Sulfur Emissions Limit Intermittent Control Strategy Monitoring aid >ampling o i 5 0 , MOTOR VEHICLE P I I U ~ I O N COI~TROL Prohibitions Penalties Waiver NATIONAL fh(t5510h'~ ~TANOARDS FOR HAU[IOD! 15 All; POLLLITANTS General Designated Emission Standards Word and Phrase Substitutions AIR POLLUTION EMERGENCIES ' Purpose Episode Criteria E pisode :Categories Episode Termination Extrapolation Authrtrized Emission Reduction Plan APPUL AND CIRCUMVENTION &pa l Circumvention MIXWNEOU; PROWSIONS Severability Repeater

2401-71-01 Authority

These regulations are promulgated by tile Republic of Palau Environmental Quality Protection Board, to provide for the control of the discharge of pollutants into the air, pursuant to the authority granted i t by RPPL i-S8 (24 PNC 5100, et seq.), the Republic of Palau Environmental QuaIity Protection Ar:. These reguktions shall have the force and effect of !aw. [Effective May 26, 1496)

2401-71-02 Purpose

(A) WHEREAS, i t is recognized that there has been and may further be a growth in the amount and compIexGy of air pollution brought about by increas- ing population and industrial development resulting in dangers to the public health and welfare and the environment, including injury to agricultura[ crops and livestock, damage to and deterioration of property, and hazardous to air and ground trdnsporta-

tion; and (B) WHEREAS, it is the responsibility of the

Palau Environmental Quality Protection Board to control the quality of air for the purpose of maintain- ing and protecting public health, safety and welfare and the environment in the Republic; and

(C) WHEREAS, i n order to accomplish air quality control, i t i s necessary to prevent or control the emission of air contaminants at their source; and

(D) WHEREAS, i t is the purpose of rhese Standards and Regulations to control air quality ofthe Republic to the extent that i t is feasible and consistent wi th the growth of the area; and

(E) NOW, THEREFORE, the Board does hereby order compliance with the following Regulations to be known as "Republic of Palau Environmental Quality Protection Board Air Pollution Control Regulations." ( C l i ~ ~ i v c May 26. 19961

2401-71-03 Definitions

The follow.ing words and terms, when used in hese Regulations, shall have the following rncar;ings, I J ~ I ! ~ S S the cantext clearly indicates otherwise:

(A) "Air Contaminant" shall mean dust, ful+~es, mist, smoke, other particulate matter, vapor, gas, odcrous subst~ances, or any combination thereof.

(B) "Air Pollution" shall mean the presence in the clean air of .one or more contaminants in st~ ih arnounts and length of time as is or tends to be ha~.mful to human health or welfare, animal or plant life, property, or intederes with the enjoyment of life 3r pl'op~rty.

(C) "Annual Average Capacity Factor" shall mcari ::~e ratio of the averjge load on a machine or equipmenr for a per I~d , ~f one (1) year (8760 h o ~ r r : ro [lie capacity rating sl tile machine or equipment.

(D) "Applicant" shall mean owner or designated representative.

(E) "Board," shall mean the Republic of Palau Environmental Quality Protection Board or i ts autho- rized representative.

(F) "Buffer Zone" shall mean the area sur- rounding a stationary source, acceis to which is eit'ei:i.ively prohibited to persons other than employ- ees of the stationary source. The boundaries a d dyeas outside the buffer zone shall be u s d for clean A;: quality sampling. (G) "CFR" h a l l mean the United States Code of

i-t..:~r-al I

including any source attached to a vehicle whether such attachment i s permanent or temporary, when this source is not used to supply power to the vehicle.

(R) "Modify" shall mean any physical change in, or change in method or hours of operation of an existing facility which changes the amount of any air pollutant ernitred by such sources or which results in the emission of any air pollutant not previously emitted, including the installation alteration, or removal of air pollution control devices, except that routine maintenance, repair and replacement shall not be considered physical changes.

(S) "Multiple-Chamber Incinerator" shall mean any machine, equipment, structure or part of a ~tructure, used to dispose of burnable waste, such as Ir~zardous hospital waste, by burnitlg and consisting of three or mote refractory lined combustion furnaces ~n series which are physically separated by refractory wal t S and inter-connected by gas passage openings or ducts and employing adequate design features necessary for maximum combustion of the material to tie br~rned.

(T) "New Motor Vehicle" shall mean any self- p;opelled vehicle manufactured on the current calendar or model year to be used on public roads and highways for the purpose of transportation or conveyance of marerjal.

[U) "New Motor Vehicle Engines" shall mean engi;,:?s manufactured on the current calendar or mo??i year to be used for providing power to motor , vf-. .;hall mean to protect a surface so that it is secure from erosion.

(I)) "Shutdown" shall mean the stopping of operation of any stationary source, air pollution contro; equipment or process equipment for any purpose, except routine phasing out of process equipment.

(KKl "Soiling Index" ,hall mean a measure of the soiling properties of cuspended pafiicles in air determiiyted by drawing a measured volurnp of air rh:.ough a known area of Whatman No. 4 filter paper for a ni2asured period of time, expressed as COMts/ 1,000 linear feet. "COHt' ;hall mean coeificienr of haze, a unit of measurement of visibility interference.

(LL) "Source" shail mean any property, publjc or private, rreal or person contributing to air pollution.

(MM) "Stack or Chimney" shall mean any flue, conduit, or duct arranged to conduct emissions.

(NN) "Stationary Source" shall mean all air contaminant sources, except mobile sources, and shall include both complex and point sources.

(00) "Start-Up" shall mean the setting into operation of any stationary source, air pollution control equipment or process equipment for any purpose, except routine phasing out of process equipment. IElkciivc May 26. 19961

2401-71-06 Antidegradation

The promulgation of the5e air quality standards shall not be considered in any manner to allow significant deterioration of existing air quality of any portion of the Republic. (Ellmin M a y 26. 19961

AIR QUALITY STANDARDS PERMITS

2401 -71 -04 introduction 2401-71-07 Permit to Construct

(A) The following air quality standards are the desirable levels of clean air quality for the Republic of Palau. Based on present knowledge, these levels are not expected to .produce health hazards or impai rment, injury to agricultural crops and I ivestock, damage to or deterioration of property, and hazards 10 air and grour,d transl:ortation, or in any manner, irl~i;~.Fal-e with the protection of { he p~hblic welfare.

(B) N o person shall cause, permit, or allow any dlscha!-ge 01. release of air pollutants that causes the air TO fail to meet any air quality standard. 1-llcr livi. M a y 26. 19961

2401-71-05 Air Quality Standards

(A) Air Quatity Standards for designated polluta~its shall be:

Pollutant Levels No: to Exceed

( r j Sl!lfur Oxides 60 rnicrograr;~s/m3(0.~ppm~ 3 65 r;7icrograrndrn3(0.7 2ppmlb 1,3W rni~ro~rarnslm~~0.5ppn1)~ G50 mi~ro~rarns lm~(0 .25~~1 , ) t

!;I\ P .-ticuii~te Mattei 6'2 microprs;nsr'm3" 150 mic-obl ~ ~ J I ~ K ~ ~ 36C rni~to~r-: in.c~ri ,~~

(3: Carbon Monoxide 10 rn;1l i~rarndrn~(9~~rn)~ 40 rni11i~rarndm~(35~~rn1e

(4) Photochemicai l G0 microgramslm3(0.0~PPm~*.

(5) Oxidants

( 4 . Hydrocarbon 160 micragrams/m3(0.21ppm)'

(7) Nitrogen Ox~dec 160 rni~ro~rarns/m~(0.05~pmld

.'h!:111,1l arillvnelic nieafi. "~dxirnum 24-litrur concenlra!ion no to lie exceeded more than once a year '.A.IH~LI,>~ ge~~m!lr ic mean. "td,jximu~n II hour conc~nlralion no1 lie exceeded more tlran once a year. "Maxinltlm I-hour ~0nrenlrdiiO4I not lo Ix: exceeded more than once a ycar. k. lx imi l~n 3-hotrr coriceolrarion not lo be exceeded more than once a year. 'kl.l%illllllll 4-11

2401 -71-1 0 Application

(A) Application for Permit to Construct or PermlI to Operate shall be made by the source owner, operator, or other responsible person on forms furnished by the Chairman, and shall be accompa- nied by two copies of comptete data, citing informa- tion including vicinity maps and plot plans, the dimensions and boundaries of the buffer zone, plan descriptions, and specifications, drawings and other detailed information necessary to determine how the new source or existing source is designed and in what manner it wil l be operated and controlled.

(B) A separate application i s required for each source. To aid in evaluating a source, supplemental applications may be required by the Bozrd Chairman.

(C) Each application shal! be s*sr.ed by the applicart~. The signatt~re of the applicant shall connrtute an agreement that :he applicant will assume responsibility f3r tht: u~nstr t i~t icn, modifica- tion, andfor use of the source concerned in accor- dance with these Regulations. (EReci~vc May 26, 19961

2401-71-1 3 Standards for Approval, Conditional Approval, or Denial of Permit Applications

The Chairman shall not approve an application for a Permit ta Construct or ior z Permit to Operate, unless the applicant shows to the sarisfacti~n of the Chairman that:

(A) The source is designed and i ~ i l t ~ n d wj!l be maintained anq operated so a; not tc vioiatc any ~f the applicable Uegrriation?.

(B) Thc source i s designed, buili, equipped,' operated and maintained in accordance with the best available control techriology so as to reduce emis- sions to a level that i s within permissible emission and Air Quality Standards.

(C) The source will not endanger the mainte- nance or attainment of any applicable Air Quality Standard either thraugh direct emission or due to indirect emission resulting from activity associated with the source.

ID) Adequate precautions wil l be taken to prevent the emission of frtgitive dust and to prevent the violation of any Air Quality Standards during construction of the source.

(E) The source has been constructed or modified and will be operated and maintained in accordance with the requirements and conditions contained in the Permit to Construct and the Permit to Operate. (Lllrctrve May 26. 1996)

2401-71-12 Conditional Approval

The Chairman may grant conditional approval to construct, modify, or operate i f i t appears likely from the information submitted in the permit application,

rhe source will satist.y the requirements of Section 2401-71-1 1 but testing, jnspection, or sampling is required to verify that the requirements of Section 240l771-7 l are met andlor maintained. To aid in this verification, the Chairman may:

(AI Require the source owner or operator to provide such facilities as are necessary for sampling and testing to determine the air pollutants discharged into the atmosphere. These sampling and testing facilities may consist of the following:

1 Sampling ports of a size, number and location as specified by the Chairman.

(2) Safe access to each port. (3) Instrumentation to monitor and record

emission data. (4) Any other sampling and testin;: facilities

specified by the Chairman. (81 Require performance testing $i outline In

Section 2401-71-16. (C) Make any necessary ins~ecticjr:;. samplc cr

tests. (D) Specify conditions to be met which wil l brrr:g

the operation of any source with111 t h ~ approyai requirements. (Eifmjve M a y 26, 19961,

2401-71-73 Permit Denial

(A) The Chairman shall deny an application for a Permit co Construct or for a Permit to Operate If the information submitted shows that the .;2urce described in the application cannot rneet the rrquiro ments of Sections 2401-71-1 1 or 2401-71-1 2.

(8) The Chairman shall deny an applicatic;~~ f ~ r a Permit to Operate i f the sotrce has r.3: bezn constructed or modified in accorda~ce with ct,c approved application, plans, or other l~mii ing conditions of the Permit to Construct. 1Flleclive my 26. 1996)

2401-71-14 Public Notice

All complex sources require official notice of an application For a Permit to Co:~struct to afford opportunity for public comment. In addition, a public hearing may be held on any spplicat~cn far a Permit to Construct a complex or point source i f requested by the Chairman. Not~ccs shall be by prominent advertisement and shall speciry a location at which information submitred by the applicant, dnd the Board's analysis and proposed approval or disapproval i s available for public inspection. The notice shall atlow at least a thirty (30) day period for submittal of public comment. (kiimlve hby 2w l9YGI

2401-71-15 Action on Applications

(AI Before acting on an application ,for a Permit to Constrtlcl or for a Permit to Operdte the Chairman

may requlre the applicant to furnish additional information, plans or specifications.

(B) The Chairman shall act within ninety (90) days on application for a Permit to Construct and within sixty (60) days on an application for a Permit to Operate and shall notify the applicant in writing of his approval, conditional approval or denial of the application. Should additional information, plans or specifications by requested, the ninety (90) or sixty (60) day limitation wi l l begin on the latest date of receipt of requested data.

(C) If an application i s conditionally approved or denied, the Chairman shall set forth his reasons for condit~onal approval or denial in a written notice to the applicant. (D) The Chairman shall not further consider the

application unless the applicant has satisfactorily addressed the objections a:ld complied with requ;*e- rnents specified by the Chairman as his reasons for conditional approval or denial of the permit applica- tion.

(E) The applicant may reapply i f the facility i s rr:rlesigned to attain compliance with the Reguiar~o~ls.

(F) The applicant may request the Chairman to reconsider the application by submitting written evidence or information (in duplicate), wichin thirty (30) days of the conditional approval or denial of the application, which shows the source will comply with these Standards and Regulations.

(G1 The applicant may appeal the Chairman's decision to the full Board within thirty (30) days after the conditional approval or denial of the permit application.

(H) I f the Chairman issues to the applicant a conditional approval of the application, comtnencing w r k under a Permit to Construct, or operating under a Perrni t. to Operate shall. be deemed .acceptance by the applicant of all conditions so specified.

'

(1) Any Permit to Construct or to Operate shall be subject to revision in response'to changes in the applicable law, regulations, or other factors affecting rhe compliance of the source or control facility with the standards or conditions of the original permit. Elk~lv: . h* 26. 19%)

240 1 -7 1-1 6 Performance Testing

(A? It ' required by the Chairman, the source L I ~ V I I F I ' or operator shall conduct performance tests in order t o determine compliance with applicable Reg~lat~ons in accordance with test methods approved by the Chairman, the tests being made at the expense of the applicant. The Chairman may monitor performance tests conducted by the applicant and may conduct additional performance tests.

(B) LVithin sixty (60) days after achieving the maximum productio,n rate at which the affected facility wi l l be operated, but not later than one hundred and eighty (180) days after the ini,tial start up of such facility the owner or operator of such 'facility

shall conduct performance testis) and submit to the Chairman a written report of the resolts of such performance test(s), within thirty (30) days. (fffcctive 26, 19961

2401-71-1'7 Revoking of Permits

(A) A Permit to Construct is revoked i f the construction or modification i s not begun within one ( l ) year of the date of issuance, or i f the work involved in the construction or modification is suspended for one year or more after the date of issuance, unless the applicant secures an extension of the expiration date by written request to the Chair- man stating the reasons for the request. Extensions may be granted in writing for a period of not more than six (6) months.

(B) The Chairman shall revoke a Permit to C-onstruct if the construction oi modification is not in compliance with the approved application, plans, or limiting conditions of the permit. (C) The Chairman shall revoke a Permit to

Operate for williul or continued violation of these Regulations or permit conditions.

(D) Revocation of a Permit to Construct or of a Permit to Operate shall become final ten (10) days after service of Notice on the holder of the Permit.

(E) A Permit to Operate which has been revoked pursuant to these Regulations shall be surrendered forthwith to the Chairman. (Effective May 26, 1996)

24131-71-13 Transfer of Permit

-- AYPerroit tcj Construct or a Permit to Operate shall not he tnmferab!e, whether by operation of law or 'o;h.?-~#;se, either from one location to another, from or:o piece of eql~ipment to another; or from one person to another. ( E i f x i k M y 26, 19961

2401-71-19 Reporting Information

No owner or operator shall cause or permit the operation of any source without furnishing such performance test results, information, and records a: may be required by the Chairman. IEifeciive May 26, 1996;

2401-71-2C Responsibility of the Permit Holder

Possession of a Permit to Construct or a Permit to Operate shall not relieve any person of the responsi- bility to comply with the applicable emission limitations, permit conditions, Air Pollution Control or other Regulations. (Effective May ?b. 19Ybl

2401-71-27 Reporting Discontinuance or Dismantlement

It shall be required of that person to who~n a

Permit to Operate was issued to report to the Chairman within thirty (30) days of the discontinu- ance or dismantlement of that machine, equipment, or other article for which the.Permit to Operate had been issued. The Permit to Operate shall then be surrendered forthwith to the Chairman. (Ellntivc May 26, 1996)

2401-71-22 Posting of Permits

Upon granting an approval for a Permit to Construct or for a Permit to Operate, the Chairman shall issue to the applicant a certificate referred to as a Permit to Construct or as a Permit to Operate which shall be posted in a conspicuous place at or near. the machine, equipment, or other article for which the permit was is?uob. I l t k r ~ i v c May 26. 13'3b)

2401-71-23 Falsifying or Altering Pe:miis

No person shall deface, alter, forge, ccmtetieit, or falsify a Permit to Construct or a Permit to Operate. f;llmive May 26. 19%)

2401-71-24 Monitoring, Record Keeping and Reporting Required

Tiire Chairman may require the owner or operator of arly air.contaminant source to install, use and ma~ntain such. monitoring equipm"ent, sample sucz emissions in' accordance with rnethcrds as the Ct3airmat-r si~aif prescribe, establish and maintain such records, and make such periodic emission repcrts as required in Section 2401-71-25. (C(tect4ve May 26. 19%)

2401-71-25 Stationary Source Emission Report Procedures

(A) The owner or operator of any stationary source shall, upon notification from the Chairman, maintain records of the nature and amounts of emissions horn such source and/or any other infclrrna- tion as may be deemed necessary by the Chairmm Lo determine whether such source i s in compliance wi th applicable emission limitations or other requirements.

(B) The information recorded shall be summa- rized each month and be submitted within fifteen (1 5) days after the end of the month, except than the initial reporting period shall. start on the date the Chairman issues notification of rhe record-keeping requirements.

(C) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Chairman shall be retained by the owner or operator for two years afrcr the date on

which the pertinent.rep0i-t is submitted. (D) Emission data obtained from owners or

operators of stationary sources will be correlated wirh appjicable emission limitations and other require- ments and wilt be made available to the public during normal business hours at the Environmental Quality Protection Board Office. (Eilectivc May 26. 19961

2401-71-26 Shutdown for Maintenance of Air Pollution Controt Equipment

In the case of shutdown of air pollution control equipment for necessary scheduled maintenance, the intent to shutdown such equipment shall be received by the Chairman in writing at least twenty-four (241 hours pribr to the planned shutdown. Such pinr notice shall inc[ude, but is not limited to the fo1lc.r- ing:

(A) Identification of the specific facility tc c taken out of service as well as rts location and peiri:.,~ nun:ber;

(B) The expected length of time that the air pollution control equipment will be out of service;

(Cl The type and amount of emissions of ai: contaminants likely to occur during the shutdown period; (D) Measures such as the use of off-shift labor

and eqaipment that will be taken to minimize rhe length of the shutdown period; and,

(El The rcascns that i t would be impossible or impracticaf to shutdown. the source operation durir!g the maintenance period. dlfmi-re M y 26. 19961

2401-71-27 Malfunction, Breakdown, Shutdown

(A) In the event that any emission source, air pollution control equipment or related facility malfunctions, breaks down or will be shutdown in such a manner as to cause excess emission of air contaminants, it i s in violatiork of these Regillations and subj?~? to prosecution.

(3) In order to enable the Chairman to carry out his statutory duties, the owner or operator r,f the stationary source is required to furnish the Board with the following information within ten (10) days after the occurrence of excess emissions:

(1) Identification of emission points. ( 2 ) The magnitude of the excess emission. (3) The identify of the process o r ' control

equipmept causing excess emissions. (4) A description of the steps taken by the owner

or operator of the subject stationary source to remedy the situation causing the emissions, prevent a recurrence and limit the excess emissions. (Flfective May 26. 19961

2401-71-28 Compliance with National Ambient Air Quality Standards and Enforce- men t

Nothing in thew Regulations relieves the source o f i ts obligation to attain and maintain any National Abient Air Quality Standards nor precludes the Chairman from initiating any altowable enforcement adions or remedies. {Elkclive May 28, 1996)

SAMPLING AND TESTING METHODS

2401-71-24 Procedures

~ l l sampling and testing shall be made and the results calculated in accordance with procedures approved by th- Chairman. $ 1 f l a i t d . r b 4 a ~ 20.

2403-7 L-30 Authority to Conduct Tests; Assis- tance

i't-re Chairman may conduct tests of emissions of air a:.~tan~inants frt>rn any source. Upon request of the .Chairman, the person responsible for the source to be tested shall provide assistance as necessary, including personnel, holes in stacks. or ducts and such other safe and proper sampling and testing t~cilitier;, exclusive of instruments and sensing devices, as may be necessary for proper determina- tion of t!:e emission of air cqntaminants. (Itkaiva. kldy Iir . 19961

~413 1-71-31 &utter Zone

C!tar ~ I I qualiry sampling shall be c~nr tuc ted at the bounclar~es of a buffer ;.one. The boundhries and dimensior~s of tClis buffer zone shall be submitted by the owner or operator on an accurate plot plan of the i7ropert~ and approved by the Chairman. The owner o r operator of an existing stationary source must g.ubmrt thls information by July 15, 1980. Irli#.l~rv h4d\ Lb. 19961

COI'4TROL OF FUGIT lVE DUST -- 2401-71-32 Control of Fugitive Dust

(A) No person shall cause, allow, o r permit the emission of fugitive dust from any source, which v~olares these Regulations.

(G) No person shall cause or permit the dis- c.hdr,qe o i visible emissions beyond the lot line of the ! ~ ~ c l p t ~ ~ . t \ ~ . or the boundaries of the buffer zone if ,~~t i~ r~zLd~ le , on which the emissions originate. b l 11,- l,,,. h\ ,\ !h. ~'I'I~,]

240 1-71 -33 Alternate Controls

other than those specified within these Regulations taken to control any source of fugitive dust upon the written application by the operator, and upon a determination of the adequacy of any such alternate controls.

(B) Applications shall describe the proposed alternate controls and demonstrate that applicable Regulations wilt not be violated. (Ellcctive h4ay 26. 19961

2401-71-34 Processing, Handling, Transporta- tion, and Storage

(A) When dust, noxious gas or vapor, odor or any combination thereof escape from the processing, handling or storage of any material in an amount as to cause a nuisance or to cause or contribute to a violation of any applicablt Regui~tion or Air Qualitv Standard, the Chaim,an may order that the source sf these emlsslons Le tightly enclosed and that t h ~ venting of scCEI enclosure be controlled to the extent necessary to ril-let these Standards and Regulations. Alternate cr?l?:rol measures submitted to the Chair- man, in compliance with such orders, shall cornpty with Sedim ?J01-71-33.

(6) All crushing, aggregate screening and conveying operations of material likely to become airborne shall be enc!osed and the venting of such enclosure sha!l be controlled to the extent necessary to prevent visible emissions i lr the viofation of any Standard or Reguiation.

(C) Stockpiles of materials which are likely to becqme airborne shall be enclosed cjr the surface of such stockpile siabilizcd through compacting, sprinkIing with water, chsmical, crr asphalt sealing.

(C) .:,l t loads ;::,rried h:. motor vehicles shall be adjusted, secured covered, contained or otherwise treated so as to prevent loss or spillage of such material andlor the gengration of airborne dust. IE~lccttve 26, 1996)

2401-71-35 Constrlrction and Sandblasting Operations

{A) All construction operations including but not limited to the clearing, grading or ieveling of land, earthmoving, excavation, demoiition, or the movement of trucks o r constructions eqaiprnent over cleared land or temporary access or haul roads shall water all vehicle travel areas or roads at the site for dust suppression a minimum of the beginning of every two (2) operating hours with a minimum watering rate for each application of 0.5 gallons per square yard, or by other equivalent methods ap- proved by the Cbirman as needed to prevent visible emissions or contribute to the violation of applicable Standards or Regulations.

(B) All sandblasting operations which can be conducted within an enclosed area shall be done so

(A) The Chairman may approve atternatecontrols

and the venting of such enclosure shall be controlled to the extent necessary to prevent visible emission as prohibited by these Standards and Regulations.

(C) All sandblasting which cannot be done within an enclosure shall be conducted using wet sand. (Eftective May 26. 1996)

2401-71-36 Grading and Clearing

(A) Use of vegetation, including planting, mulch or selective retention of natural vegetation, as ground cover, providing windbreaks, sprinkling with water, and covering or compacting the ground surface shall be used to prevent visible emissions or the violation of any Air Quality Standard or Regulation where topsoil has been disturbed during the clearing of land.

(5) No owner, operator, or lessee of any rear property in the Republic shall allow disturbed iopsoi! to remain undeveloped, unplanted, untre;.iw, o: otherwise uncovered for a period exceeding KWO ( 2 ) months. tfftectvfe M ~ Y 26, 19961

2407-71-37 Roads and Parking Lots

(A) AI! roads, road shoulders, and areas uscd tor parking specified in this Section, shall be sealed 2nd maintained so a%.to prevent the+exposure or such swface to wind; water or vehicular irwel erosi,~~:

(1) All public and private roads within the Republic which average a vehicular load of one i.andred (AGO) or more vehicle-trip:: per d q .

(2) ~he ' road r!roulde:5 of all pubiic d ,~d pri~aie road< within the Rep~:blIc which average a vehicle toad of one hundred (100) or more vehicle-trips per day.

(B) Earth and other erodible materiat which has been deposited on a sealed vehicular travel surface by trucking, earthmoving equipment, erosion, or landslide shall be promptly removed. IEften~ve May 26. t996)

2401-71-38 Compliance Schedule

The fol towing compliance schedule si~ail apply to those sources not in compliance with Divisions (A) and (B) of Section 2401-71-34 and Divisions (B) ;:nd [C) of Section 2401-71-35 of these Regulations on ]ulie 25, 1980:

(A) No later than December 31, 1980 ail necessary contracts and/or purchase orders required ro attain compliance shall be awarded.

(B) No jlater than March 31, 1981 construction or all facilities necessary for attaining compliance shall be started.

(C) No later than March 31, 1982 construction of all facilities necessary for attaining compliance

shalt be completed. (D) No later than June 30, 1982 compliance with

the aforementioned Divisions of these Regulations shabf be achieved. (Efklive M a y 26, 1996)

2401-71-39 Report Regarding Compliance

No later than five (5) working days after the passing of the date for achieving each incremental milestone noted above, each source subject to this schedule shall report to the Chairman regarding the status of compliance with the schedule. Failure ro achieve any portion of this schedule or to report on the status of compliance shall make the source liable to enforcement action immediately. (Ef(eclivc M a y 26. 1996)

CONTROL Of OPEP4 BURbIING -

2401-71-40 Open Burning Prohibited

No person shall dispose of burr ~ b l e refuse by open burning, or cause, allow, nr permit open burning of refuse including grass, weeds, wire, twigs, branches, insulation, vehicle bodies and their contents, paper, garbage, tires, waste materials, tar products, rubber products, oil, and similar smoke producing materials, within the territorial Iimitsof the Rep~blic of Palau. In areas where nc. pubjic o: commercial refuse collection service is availablf: 5s O F j i ~ n ~ 25, 1980, open burning of refuse on ;.esi&: 1i.12i property, or refuse originating frotn dwelling unit.: 3rr such prop-lrty shall be altowed until xuch refuse jco!lection heco~nes available pt.ovided such burnin;; does nct viclate any existing laws at' the Republic. (Ellectivc h%y 26. 1996)

2401-71-41 Exceptions

Exceptions from the Section 2407-71-40 prohibi- tion on open burning may be allowed upon applica- tion and approval by the Chairman provided ! ! .E burning i s not prohibited by, or is conducted :n compliance with, other applicable laws, ordinances, and regulatiocs. Exceptions to conduct open burni::? undcr this Section do not excuse a person f r o m rlte consequences, damages, or injuries which may result therefrom. The following are exceptions for which application may be made:

(A) Fires purposely set for the purpose of prev~ntion of a fire hazard which cannot be abated by any other means;

(B) Pires set for instruction in the method o i fighting fires;

(C) Fires for ceremonial and recreatio~>al purppse;

(D) The burning of hydrocarbons which must be wasted through the use of atmospheric flares or open

burning; (E) Fires for prevention or control of disease or

pests; (F) Fires for the disposal of dangerous materials,

where there i s no alternate method of disposal; or, (C) The burning of trees, brush, grass and other

vegetable matter in the clearing of land, right-of-way maintenance operations and agricultural crop burning i s under the following conditions:

(11 The location of burning must not be within 500 feet of an occupied residence other than those located on the property on which the burning is conducted;

( 2 ) The burning must not be conducted within 500 feet of any road, except those privately owned and used, and in any event must be controlled so that a traffic hazard is not created;

(3) Oils, rubber nr other similar material which produce unreasonable amounts of air contamina:irs may not be burned;

(4) The burning sicl l be performed belweLn g:00 A M and one hour before sunset;

(5) Weather conditions within the vicinitv . j . r ' ; ~ e burnrng wil l allow good and proper diffusion and dispersion of air pollutanrs;

(61 The piles of materials to be burned sl~al; be of such size that the burning will be comple::d within the designated times given in 240'1-71- 4 l (CII4);

(71 The moisture content and composition of material to. be burned shall be fav~rab~e to g o d burn;ng which will minimize air pollution; and,

(8) The start& fuel and materials to be ignited siiall not emit excessi\le visible emissions wherb l ju -7 ed. tl'i[.xr~\.~ U 7 y 26. 1'196)

Nothing in Sections 2401-71-40 and 240:-71-31 shall be interpreted to prohibit or make unlawf~~l the construction and use of barbecue pits, grills, or outdoor Fire places for the preparation of food for consumption by individuals, nor shall any permit froni the Chairman be required therefore. 1Llb2 I,... h'dy 26. I7961

STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

2401-7 1-43 General

(h) The U.S. Environmental Protection Agency Regcllations on Standards of Performance for.New Stationary Sources (40 CFR, Part 60) designated in Section 2401-71-44 are incorporated by reference as they exist on the date of promulgation by the Board into those Regulations as amended by the word or ~,kl.ase substitutions given in Section 2401-71-45.

(E) In the event of any conflict bew:en the

Regulations contained in' Sections 2401-71-43 through 2401-71-45, inclusive, and Regulations contained in other. Sections, the Regulations of Sections 2401-71-43 through 2401-71-45, inclusive, wi l l take precedence for standards of performance for new stationary sources, unless the existing Regula- tions are more stringent-

(Cl For purposes of Sections 2401-71-43 through 2401-71-45, inclusive, thedefinitions listed in Section 60.2 Subpart A, Part 60, Title 40 of the Code of Federal Regulations wi l l apply. (Effective May 26, 1996)

2407-71-44 Designated Standards of Perfor- mance

(A) Subpart 1 - Asphalt Concrete Plants (drying; sy~-terns for screening, handling, storing, and zaeighing hot aggregate; systems for ioading, transfer- ring and storing mineral filler; svs:ems for mixing asphalt concrete; and the loading, transfer and storage systems associated with emission control systems.

(B) Subpart K - Storage vessels for Petroleum Liquids (storage vejse!s with a capacity greater than 40,00(! gallons). (fllmrve May 26. r99b)

2401-71-45 Word and Phrase Substitutions

In all the standards designated in Section 2401-71- 44 subsiitute:

(A) Chairman for Federal EPA Administrator. (B; Envircmmental Quality Protection 8oard For

VS

or the design of any equipment is such as to permit more than one interpretation of this Regulation, the interpretatior: that results in the minimum value for allowable emission shall apply.

(D) For purposes of this Regulation, the total process weight from all similar process units at a plant or premises shall be used for determining the maximum allowable emission of sarticulate matter that passes thro-ugh a stack or stacks. (Elfcclive M l y 26, 1996)

TABLE 1

P A R T l C L I U r E EMISSION AUOWABLE BASED ON PROCESS W E I G H T :

Process W e i ~ h t %ate Emission Rale (!bbr) [Ilishrl

Interpolation of the data in Table 1 far the process weight rates up to 60,000 [I~srhr. shall be accomplished by the use of !he equation:

.tlrrl inle:wlalic~n md cxtri?polal;3n gi lata for process weight rater 61 excess d 60,WO .lhs/hr. shall be .~ccomz'irhed I:y use of the equation:

Where: E- Emissions in pounds per iiol~r. P- Process weight rate i.1 tons per hour.

2401-71-47 Fuel Burning l nstallations

N a source shall cause, allow, or permit the emission of particulate matter resulting from the combustior: of fuel in excess af the quantity set forth in Table 2. (C l f ca iw h a y 26. ; .'!l61

CUNT!ZOi OF PAR1 tCULA;lE EMISSION FROM INCINERATOR: DESIGN AND OPERA'iION

2401-71-48 Application

These Regulations apply to any incinerator used to dispose of refuse by burning or the processing of reclaimable material by burning. Notwithstanding definitions in other Regulations, as used in Sections 2401-71-48 through 2401-71-51, inclusive, the word "refuse" indudes garbage, rubbish, commerciat waste, hospital waste, leaves, reclaimable material, and agricultural wastes. The word "incinerator", as used

in Sections 2401-72-48 through 2407-71-51, inclu- sive, includes incinerator, and other devices or structures used to burn refuse or to process refuse by burning. (Effective May 26. 1996)

TABLE 2

O ~ ~ r a l i n g Rate in Million Maximum allowal~le emisrims BTU'S per hour of partictrlate in pounds per

million BTU's heat input

For heai input greater Iltan 1 rn~llion C I U per hour I,ut less than 1000 million BTU per hour, [Ire ~tlowdble emissions shall be calculated using the followi~~g aqttation:

?vilere: X - Operating rale ;I. milliul; 6TCi'; p::r Ilot~c. Y - Allowable 'ale G.' emlrrio~i ir t ,.ounds pet millior;

ETU's.

2401-71-49 Prohibitions

(AI No person shall cause or perrni: to be emitted into t he open air fa-om any incinerator, particufate maller in the exhaust gases exceed 0.2C pounds per 1GC pounds of ~rfusc b,rivd.

(B) No residential or comm~;ciai siriglecharnber incinerator shall h.? w e d for t ! ~ ijvrn8t:g ol refuse beyond December 25, 7 38 1.

(C} Incinerators shall be des~gned and oper~!ed i n such manner as is necessary r3 prevent the emission of objectionable odors.

(D) No person shall burn or permit the burning of refuse in any installation which was designed for the sole purpose of burning fuel. (Ellectivc hQy 26. 1996)

2401 -71-50 Emission Tcsts and iiurning Capxi- ties

(A) Emission teas shall be conducted a+ maximum burning capacity o i the incinerator.

(B) The burning capacity of an incit-terator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be deter- mined by the Chairman in accordance with good erigineerjng practices. In cases of conflict, the determination made by the Chairman shall govern.

(C) For the purposes o i rhese Regulations, the total of the capacities of all furnaces within one system shall be considered as the incinerator capacity. ( E I f ~ l ~ v e May ?G. 1996)

2401-77-57 Multiple Chamber-Cylinders Re- quired

~ i l new incinerators and all existing incinerators shall, by December 25, 1981 be multiple-chamber incinerators, provided that the Chairman may approve any other type of incinerator i f it is demonstrated such design provides equivalent performance. (Elltaiw May 26, 1996)

CONTROL OF VISlBLE EMISSIONS OF PART [CULATES FOR STATIONARY SOURCES

2401-71-52 Visible Emission Restrictions for Stationary Sources

(A] No person shall continuously discharge into the atmosphere from arl:f single source of emission whatsoever any air contaminant of a shade of density equal to or rlarke; than that designated as No. 1 on the Ringlemar.? Charf of 20 percent opacity. -

[B) No pm-ion may discharge into the atmo- sphere i r o ~ ~ :ay single source of emission, for a period or periods adding up to more than 3 minutes in any 60 :.iir;dres, air contaminants of a shade of detlsity darke,' than No. 3 on the Ringlemann Charr, or G0 percent 9pacity. 1Cll~vt;wt;n. a y 28. 199bj

CONTkOi OF ODORS IN.-CLEAN AIR

2401-71-53 P~ohibitic.a on Odors

(A) No perion sllsll diccharge into the atmo- sphere, 01 cause tc; be ::aschzrged into the atmo- sphere frc.ri any s l > j i t < C ! i*~t.hats~ever any amount of odorurls or gciseoui emission, material, or ;rrr contar;~inant of a:iy kind or description, which, is injurrous or detrimental to heaith or safety, or which in any way unduly interferes with or prevents the comfortable e17jo)~ment of life or property.

!G1 An odor cccurrence shall be deemed a v~olation per se when a complaint is received and verified by the Chairman. The Chairrnan shall deem

odo: occurrence a violation per se i f he is able to make ~ M J G odgr measurements within one period, these measurements being separated by at least fitteen (1 5) minute< An odor measurement shall consist of a detectable odor after the odorous air has Ixen diluted with seven (7) volumes of odor-free air ,I$ determined by a scentorneter as manufactured by ~ h c Karneby-Cheney Company or any other instru- ment, device, or techniques designated by the Ch,i*rnian a5 producing equivalent results,

1 1 1 % 8 1 8 , kI,l\ l V J ( P I

2401-71-54 Exceptions

The. odor of growing vegetation, chemical fertiliz- ers and irsecticides, shall not be considered objec-

tionable within the meaning of rhese Regulations. (Effeclivp M a y 26, l9961

CONTROL OF SULFUR DIOXIDE EMISSIONS

2401-7145 Sulfur Emissions Limit

No person shall cause or permit the burning of fuel with a sulfur content greater than 3.14% at any time and in no event shall the average over the immediate past twelve month period, including the t a t ~ s t month's reading, exceed 2.84% by weight provided the stacks are of sufficient height, as determined by modelling techniques approved by the Chairman, to prevent aerodynamic downwash and provide for good dispersion of emissions. (Effective M a y 26, 19961

2401-71 -56 Intermittent Cmtrol Strategy

An intermittent contro! sti ategy shall be required of any stationary sc3!rce 4 , c n winds blow to populated areas. (Ctfcclive May 26. 1996)

2401-7'1-57 Mocitori~ig 2nd Sampling of SO,

If compliance with these Standards is to be accomplished by means of removal of sulfur dioxide from the stack gases, ttle owner or operator of the source must provide for the necessary monitoring equipment, and iample such etnissiorls in accordance with methods approved by the Cbair$isn. (E(fec79 May 26, l9961

MOTOR VEHlCtE POLLUTIO!-i CON rROL

2401-71-58 Prohibitions

IAI No person shall import, opdrate, iease or sell, any new motor vehicle or new motor vehicle engine in the Republic, unless such new motor vehicle or new motor vehicle engine complies with US EPA Regulations on Controi of Air Pollution from New Motor Vehicles and New Motor Vehicle Engines.

(B) No persun shall intentionally remove, alter or otherwise render ineffective or inoperative, exhaust emission control, crank case ventilation or any other air pollution controi device oj Syster;. which has been installed on a motor *:ahicle or stationary internal combustion engine as a requirement of any taw or Regulation.

(C) No person shall operate a motor vehicle or other internal combustion engine originally equipped with air pollution devices or systems as required by any Law' or Regulation, unless such devices or systems are in place and in operating conditions.

(D) No person shall cause or permit the emission of visible air contaminants from gasoline-powered motor vehicles for longer than five (5) consecutive^

seconds. (E) No person shall cause or permit the emission

of visibleair contaminants from diesel-powered motor vehicles of a shade of density equal to or darker than that designated as No. 1 on the Ringlemann Chart, or 20 percent opacity, for longer than five (5) consecu- tive seconds.

(F) No person shall cause or permit the use of any motor vehicle which becomes mechanically deficient so as to cause the emission of visible air con tarn inants. {Ellective May 26, 19961

2401-71-59 Penalties

(A) The owner of any motor vehicle in violation of Section 2401-71-58 shall be subject to prosection, however, penalties shall n G t exceed $50.00 per dq l of each violation.

(B) In addition to any other remedies available to the Board, the failure to comply with Section 2 4 r - 71-58 shall subject the vehicle owner to suspension or cancellation of the registration inspection sticker for the vehicle. (Ellcciive May Xi, 1996)

2401-71-60 Waiver

The violator can apply for waiver of prosecution by the Chairman, not to exceed forty-five (45) days in rfuration. To be considered for a waiver, the violator shall immediately notify the Chaiirnan of t h ~ ieficiency, and provide a statement giving all pei t i~ent facts, including the reasons for h e violation, irlP atrempts made to correa the deficiency, any difficulties encountered correciing the situation, and the estimated date of correction of the d~ficiency. (Eltmive my 26, 19961

NATIONAL EMlSSlONS STANDARDS F O R HAZARDOUS AIR POLLUTANTS

(A) 'he US Environmental Protection Agenci Regulations on National Emissior: Standards for Hazardcus Air Pollutants (40 CFR, Part 6'1; designa:ed in Section 2401-71-62 are incorporated by reterence as [hey exist on the date of adoption by the Board into these Regulations as amended by the word or phrase substituti~ns given in Section 2407-77-63.

(B) In the event of any conflict between the [Iegulations contained in Sections ' 2401-71-61 through 2401-71-63, inclusive and Regulations contained in other Sections, the Regulations of Sections 2407-71-61 through 2401 -71 -63, inclusive will take precedence for National Emission Standards for Hazardous Air .Pollutants, unless existing Regula- tions are more stringent.

(C) For purposes of this Section, the definitions listed in Section 61.02 Subpart A, Part 61, Title 40, of the Code of Federal Regulations will apply. (Ell+w M a y 26, 19961

2401-77-62 Designated Emission Standards

(A) Subpart B - Asbestos. (B) Subpart C - Beryllium. (C) Subpart E L Mercury. (D1 Subpart F - Vinyl Chloride.

LEfIeclive May 26, 1996)

2401-71-63 Word and Phrase Substitutions

In all of the standards designated in Section 2401-71- E?., substitute:

(A; Chairman for Federal €PI\ Administrator. (B) Environmental Quality Protection Board for

US Environmental Protection Agenc;,. (Eiimive M a y 26, 1996)

AIR POLLUTION EMERGENCIE

2401-71-64 Purpose

Notwithstanding any other provision of the Air Pollution Control Regulations, Sections 2401 -71-64 through 2401-71-69, inclusive, bf these Regulations are designated to prevent the excessive build-up of air contamirrants during air pollution episodes, thereby preven[ing the occurrence of an-emergenry du-. 10 the effscts of these contaminants on the health oi ihe public. (E(i~1iw MA-; 25. 1994,

2401-71-65 Episode Criteria

(A) Conditions justifying the pr~clamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exisi whenever the Chairman determines that the accurnu- lation of air contaminants in any place i s attaining or has attairtad levels which could, i f such levels are sustained or exceeded, lead to a threat to the health of the public.

(B) In making a deterrnina:ion of tke existence &,i an episode, the Chairman will be guided by any forecast by an appropriate agency predicting or indicating wind direction, speed, or other weather conditions which may result in the attainment of episode level concentrations of air contaminants in any human access area. (IIIECIIV~ M a y 26. 1996)

2401-71-66 Episode Categories

(A) "Alert." The Alert level is that concentration of pollutants at which first stage control-action is to

begin. An Alert will be declared when: (1) Any one of the following levels is reached at

any monitoring site: (a) SO2: 800 ~ ~ / r n ~ ( 0 . 3 ~ ~ m ) , 24-hour average; (b) Particulate: 3.0 COHS or 375ug/m3, 24 hour

average; (c) 5 0 2 and particulate combined: product of

SO2 ppm, 24-hour average and COHs equal to 0.2 i or product of S 0 2 udrn , 24-hour average, and particulate ug/m3, 24 hour average equal to 65 X 7 03;

(d) CO: 17 mglm3(15ppm), 8-hour average; (e) Oxidant (03): 200 ug/m3(0.1 l-hour

average; (0 NO2: 1 130 uglm'l0.6~~m), l-hour average;

202 ug/rn3(0.1 5ppm1, 24-hour average; and, ( 2 ) Weather conditions are such that this

co?diii:ily :;an be expected to continue for t~velve (1 2j 1 3 ; mTre hours.

{B) "Warning." The Warning level indicates that .ir qcr2iriy i s continuing to degrade and that addi- r ~ c ~ t ~ a ! abatement actions are necessary. A Warning ;vi l f be declared when:

( l j Any one of the following levels is reached at 2r;y monitoring site:

(a) , so2: 1;600 ug/m3(0.6pprn), 24-hour a-+ orage;

(h) Particulate: 5.0 COHs or 625 ug/m3, 24- hrlur average;

( C 5 0 ; and particulate combined: product of 5C2 ;:'pm, 24-hour average and COHs equal to 0.8 or p 3 d ~ c t ~f uglm3, &hour average and particu- :a;= u~, ' I i t 3 , ?~-~ouI average equa! to 261 x 103;

(Zj CO: 34 mdm3(30ppm), 8-hour average; (E) -3xiSxgt (v3); 800 ug/m3(c 4), l h c u r

average; {fl NO : 2,261: ~drn~(0 .4~~rnI , 24-hour

Average; and (21 Weather conditions are such chat this

cirndition can be expected to continue for twelve (1 2) 0 1 more hcurs.

(C) "Emer~enw."The Emergency level indicates that air quality is continuing to degrade to a level that ~hou td tlever be reached and that the most stringent artio:?~ s?rc necessary. An Emergency will be decIared when:

(1 : Any one of the following levels is reached at ?.ny monitoring site:

(a) SO2: 2,100 uglm3(0.dpprn), 24-hour .average;

(b) Particdate: 7.0 COHs or 875 ug/rn3, 24- hour average;

(C) SO2 and particulate combined: product of SO2 ppm, 24-hour average and COHs equal to 1.2 or product of so2 ug/m3, 24-hour average and particu- late ug/rn3, 24 hour average equal to 393 x 103;

(dl CO: 46 mg/m3(40ppm), 8-hour average; (e) Oxidant (Q3): 1,200 u~rn3(0dpprn), l-hour

average;

(0 NO2: 3,000 ug/m3(l .6pprnl, I-hour average; 750 1~g/m~(0.4~~rn} , 24-hoG average; and,

(2) Weather conditions are such that this condition and be expected to continue for twelve (1 2) or more hoyrs. (~ttea-W 26, 1'396)

2401-71-67 Episode Termination

Episodes will be terminated when weather conditions are such that clean air concentrations of air contaminants in affected human access areas fall below episode levels and the appropriate agency forecast predicts these nonepisode conditions wit[ continue for twenty-four (24) or more hours. ( E k t i - w hlay 26, 1996)

?-401-7?-66 Extrapolation Authorized

Nothing in these Regulations shall be interpret20 to prevet-.t or invalidate the extrapolation of a pollutant ;- centra ration based on a shorter sarnp[ing period to 3n ~quivalent concentration for the time period specified in the Standards when existing atmosp!:eri~ and wind conditions are not expected to change a: to lessen po!lulion levels. This extrapola- tion shall be used to forecast the possibility of an epimde to initiate corrective action. (EfIcC(k Mav 26, 1996)

24131-71-69 Emiqion Reduction Plan

After tht: issuance of an episode forecast or at any episode 'lev?:\, the "'itairman shall take any of the action.; iSsted helow and any others he deems neres5;x-y to rt:.lucs z'.lr pot/ution below episclje levefi and to proteii rhe public health and weiran.:

(A) Prahibii or limit the emission of any :sir contarcinant contributing to the episode condition. (8) Notify sources having contingency plans

approved by the Board, to follow the provisions of their plans. ( E i f m i v f N a y 26, 19961

APPEAL AND-CIRCUMVENTION

24U'l-7 1-70 Appeal

Any person aggrieved by a decision of the Chairman, may appeal to the Board within thirty (30) days after notification of the Chairman's decision. (E[fec(ivp my 26, 1996)

2401 -71-71 Circumvention

No person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air contaminant emitted, conceals or dilutes an emission of air contaminant which would otherwise violate these Regulations. This provision does not prohibit

recycling, burning as fuel or otherwise further processing a material which would violate an einission Regulation i f released to the atmosphere, so long as the facility in which the material i s used does not violate applicable emission Regulations. (EIILYXIVC M a y 26, 17763

a'ny persori or circumstance is held invalid, the application of such provision to other persons or circun~stances and the remainder O F these regulations shall not be affected thereby ..'.CClnC :.l% 26, 15191)

2401-71-73 Repealer MISCELLANEOUS PROVISIONS

li any provision of these regulations or the application of any provision of these regulations to

The regulations contained herein shall replace the Republic of Palau Environmental Quality Protection Goard's Ai r Pollution Control Standards and Regula- tions currently in effect in the Republic.oi Palau. ?ecr,ve \ray ZG. 19961