[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR69.12]

[Page 194-195]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 69_SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT
--Table of Contents
 
                             Subpart A_Guam
 
Sec. 69.12  Continuing exemptions.

    (a) Effective on the expiration date of the initial eighteen month 
exemption provided under section 325(b) of ``the Act'', the 
Administrator of the Environmental Protection Agency (EPA) exempts the 
Guam Power Authority's two sixty-six megawatt oil-fired steam units 
which comprise the Cabras Power Plant from sulfur dioxide requirements 
associated with New Source Performance Standards (NSPS) under section 
111 of the Clean Air Act and from the related NSPS limitation on sulfur 
dioxide emissions contained in the Guam SIP.

[[Page 195]]

    (b) The exemption will be reviewed at intervals and upon occasions 
to be specified by EPA (not longer than 2 years), allowing EPA to 
determine whether the factual circumstances upon which it is based, 
including commitments made by GPA in the application for extension and 
the continuing attainment of the National Ambient Air Quality Standards 
(NAAQS) for Sulfur Dioxide, have changed. The commitments include 
reporting requirements specified by the Guam Environmental Protection 
Agency (GEPA), including but not limited to strict implementation of 
both the monitoring (wind direction and ambient SO2 
concentration) and fuel switching portions of the control strategy, 
reporting to GEPA of all applications of the strategy, and reporting to 
GEPA of laboratory analyses of percent sulfur in all new fuel stocks 
acquired GPA. A finding by EPA that the source is not in compliance with 
the terms of the exemption will be grounds for enforcement of the terms 
of the exemption under section 113. A finding by EPA that factual 
circumstances have changed will be grounds for revocation of the 
exemption and enforcement of the underlying Clean Air Act requirements.
    (c) It is a condition of this action that GPA provide to EPA a copy 
of any GPA application for rate changes or for commercial credit for 
construction or replacement of capital assets, simultaneously with 
submission of such application to the rate making authority or 
commercial credit institution. No later than the 90th day after a 
finding by EPA that the circumstances upon which the determination for 
continuing the exemption was originally made have changed, this 
exemption shall terminate unless within that time GPA submits 
information that it is taking all practicable steps to comply with NSPS 
and SIP requirements related to SO2. EPA shall review such 
information under the procedures it has established and shall, as 
appropriate, extend or terminate the exemption.