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Title 40

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Title 40

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Subpart DDD - American Samoa
§ 52.2820 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for American Samoa 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 June 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 June 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 June 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 52.2820 - EPA Approved Territory of American Samoa Regulations

State citation Title/subject Effective date EPA approval date Explanation
Air Pollution Control Rules and Regulations
Section 1.0 Definitions (1.0.1-1.0.18) 6/8/1972 3/02/1976, 41 FR 8956
Section 1.1 Approval of New Sources: Permit to Operate (1.1.1-1.1.14) 6/8/1972 3/02/1976, 41 FR 8956
Section 1.2 Source Monitoring, Record Keeping, and Reporting (1.2.1-1.2.2) 6/8/1972 3/02/1976, 41 FR 8956
Section 1.3 Sampling and Testing Methods (1.3.1-1.3.2) 6/8/1972 3/2/1976, 41 FR 8956
Section 1.4 Malfunction of Equipment; Reporting (1.4.1-1.4.2) 6/8/1972 3/2/1976, 41 FR 8956
Section 1.5 Prohibition of Air Pollution 6/08/1972 3/2/1976, 41 FR 8956
Section 1.6 Compliance Schedule (1.6.1, Existing Sources) 6/08/1972 3/2/1976, 41 FR 8956
Section 1.7 Circumvention 6/8/1972 3/2/1976, 41 FR 8956
Section 1.8 Severability 6/8/1972 3/2/1976, 41 FR 8956
Section 1.9 Ambient Air Quality Standards (1.9.1-1.9.2) 6/8/1972 3/2/1976, 41 FR 8956
Section 2.1 Control of Open Burning
Control of Particulate Emissions
6/8/1972 3/2/1976, 41 FR 8956
Section 3.1 Visible Emissions (3.1.1-3.1.2) 6/8/1972 3/2/1976, 41 FR 8956
Section 3.2 Fugitive Dust (3.2.1-3.2.3) 6/8/1972 3/2/1976, 41 FR 8956
Section 3.3 Incineration (3.3.1-3.3.4) 6/8/1972 3/2/1976, 41 FR 8956
Section 3.4 Fuel Burning Equipment (3.4.1-3.4.2) 6/8/1972 3/2/1976, 41 FR 8956
Section 3.5 Process Industries - General (3.5.1, 3.5.3-3.5.5) 6/8/1972 3/2/1976, 41 FR 8956
Table 1 Particulate Emission Allowable Based on Process Weight 6/8/1972 3/2/1976, 41 FR 8956
Section 3.6 Sampling Methods (3.6.1)
Control of Sulfur Compound Emissions
6/8/1972 3/2/1976, 41 FR 8956
Section 4.1 Fuel Combustion (4.1.1) 6/08/1972 3/2/1976, 41 FR 8956

(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 American Samoa Nonregulatory Provisions and Quasi-Regulatory Measures

Name of SIP provision Applicable
geographic or
nonattainment
area
State submittal date EPA approval date Explanation
Territory of American Samoa Air Pollution Control Implementation Plan
Section 1. Introduction:
Introduction State-wide 01/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Letter from Donald F. Graf, Executive Secretary, American Samoa Environmental Quality Commission, to Frank Covington, Director, Air and Water Programs Division, EPA Region IX, dated March 23, 1972 State-wide 03/23/72 05/31/72, 37 FR 10842 Letter indicating formal adoption of the implementation plan. See 40 CFR 52.2823(c)(2).
Letter from Donald F. Graf, Executive Secretary, American Samoa Environmental Quality Commission, to Paul DeFalco, Regional Administrator, EPA Region IX, dated April 28, 1972 State-wide 4/28/72 03/02/76, 41 FR 8956 Letter regarding EPA comments on the plan. See 40 CFR 52.2823(c)(3).
Section 2. Legal Authority:
Legal Authority State-wide 01/27/72 05/31/72, 37 FR 10842
Appendix A. American Samoa Environmental Quality Act, excluding section 35.0113 State-wide 03/9/72 05/31/72, 37 FR 10842 Public Law 12-45. Chapter 35.01 of the Code of American Samoa. See 40 CFR 52.2823(c)(1). Section 35.0113 (“Variances”) was deleted without replacement at 62 FR 34641 (June 27, 1997)]. See 40 CFR 52.2823(b)(1).
Section 3. Air Quality Data State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Section 4. Emission Inventory State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Section 5. Control Strategy:
Control Strategy State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Letter from Peter T. Coleman, Governor, American Samoa, to Kathleen M. Bennett, EPA, dated November 12, 1982 State-wide 11/12/82 08/14/85, 50 FR 32697 Negative declaration indicating no Lead sources in American Samoa. See 40 CFR 52.2823(c)(5)(i).
Section 6. Compliance Schedule State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Section 7. Air Quality Surveillance Network State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Section 8. Review of New Sources and Modifications State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Section 9. Source Surveillance State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Section 10. Resources State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).
Section 11. Intergovernmental Cooperation State-wide 1/27/72 05/31/72, 37 FR 10842 Included as part of the original SIP. See 40 CFR 52.2823(b).

[70 FR 53566, Sept. 9, 2005, as amended at 80 FR 7807, Feb. 12, 2015]

§ 52.2821 Classification of regions.

The American Samoa 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)
American Samoa III III III III III

[37 FR 10906, May 31, 1972]

§ 52.2822 Approval status.

With the exceptions set forth in this subpart, the Administrator approves American Samoa's plan for the attainment and maintenance of the national standards.

[39 FR 8617, Mar. 6, 1974]

§ 52.2823 Original identification of plan.

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

(b) The plan was officially submitted on January 27, 1972.

(1) Previously approved on May 31, 1972 and now deleted without replacement Chapter 35.01, Section 35.0113 of the Environmental Quality Act.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Revised legal authority submitted on March 9, 1972, by the Environmental Quality Commission.

(2) Letter indicating formal adoption of the implementation plan submitted on March 23, 1972, by the Environmental Quality Commission.

(3) Letter regarding comments on the plan and indicating intent to submit a revised plan submitted on April 28, 1972, by the Environmental Quality Commission.

(4) Formally adopted rules and regulations for the entire Territory submitted on June 8, 1972, by the Environmental Quality Commission.

(5) The following amendments to the plan were submitted on November 22, 1982, by the Governor.

(i) Negative declaration indicating no Lead sources in American Samoa.

[37 FR 10906, May 31, 1972, as amended at 41 FR 8969, Mar. 2, 1976; 50 FR 32698, Aug. 14, 1985; 62 FR 34648, June 27, 1997. Redesignated and amended at 70 FR 53566, Sept. 9, 2005]

§ 52.2824 Review of new sources and modifications.

(a) The requirements of subpart I of this chapter are not met since the Territory of American Samoa failed to submit a plan for review of new or modified indirect sources.

(b) Regulation for review of new or modified indirect sources: The provisions of § 52.22(b) are hereby incorporated by reference and made a part of the applicable implementation plan for the Territory of American Samoa.

[39 FR 8617, Mar. 6, 1974, as amended at 51 FR 40677, Nov. 7, 1986]

§§ 52.2825-52.2826 [Reserved]
§ 52.2827 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 American Samoa.

[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]