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24.0115 Stationary air pollution source permits.

Cite as [A.S.C.A. § 24.0115]

(a) The Commission may establish and operate a Territory-wide program under which a permit shall be required for the construction, reconstruction, operation of or modification to new and existing major stationary sources of air pollution and non-major stationary sources of hazardous pollution. Under this program a permit may also be required for non-major sources of all other pollutants. Permits issued to major stationary sources of air pollution and to non-major stationary sources of hazardous air pollution shall require compliance with all applicable federal requirements and contain monitoring, recordkeeping and reporting requirements sufficient to insure compliance with the applicable federal requirements. All permit limitations, controls or requirements under this program shall be permanent, quantifiable and otherwise enforceable as a practical matter.

(b) The authority vested in the Commission shall include the power to delay or prevent any construction, reconstruction, modification, or operation of air pollution emission sources which, in the opinion of the Executive Secretary, may cause the ambient air pollution level in the locality of such construction, modification or operation to exceed limits for ambient concentration established by the American Samoa Territorial Implementation Plan promulgated pursuant to the Clean Air Act as amended (42 U.S.C. § 7401 et seq.), or which would, in the opinion of the Executive Secretary, violate any provision of any land use plan established by the American Samoa Territorial Implementation Plan.

History: 1972, PL 12-45 § 1, 2000, PL 26-22.