(a) hold hearings related to any aspect of, or matter in the administration of, this Chapter, and in connection therewith, compel the attendance of witnesses and the production of evidence;

(b) require access to records relating to emissions, which cause or contribute to air pollution;

(c) prepare and develop a comprehensive plan for prevention, abatement and control of air pollution in this Territory;

(d) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter;

(e) encourage and conduct studies, investigations, and research relating to air pollution and its causes, effects, prevention, abatement and control;

(f) determine, by means of field studies and sampling, the degree of air contamination and air pollution in the Territory;

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(g) establish ambient air quality standards for the
Territory;

(h) collect and disseminate information and conduct educational and training programs relating to air pollution;

(i) delegate those responsibilities and duties, as appropriate for the purpose of administering the requirements of this Chapter;

(j) advise, consult, contract and cooperate with other agencies of the Territory, industries, the Federal government and with interested persons or groups;

(k) consult, upon request, with any person proposing to construct, install, or otherwise acquire, an air pollutant source, device or system on the air pollution problem, which may be related to the source, device or system. Nothing in any consultation shall be construed to relieve any person from compliance with this Chapter, or any other provision of law;

(l) carry out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable, and to control or limit the operation of motor vehicles and other modes of transportation, when in the opinion of the Agency, the modes of transportation are producing, or pose an immediate danger of producing, unacceptable levels of air pollutants;

(m) establish and administer a Territory-wide air pollution control permit program;

(n) delay or prevent any construction, modification or operation of air pollution sources and modifications which, in the opinion of the Agency, would cause the ambient air pollution level in the locality of construction, modification or operation, to exceed limit for ambient concentration established by the Territory of Guam implementation plan promulgated pursuant to the Clean Air Act, or which construction, modification or operation would, in the opinion

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of the Agency, violate any provision of any land use plan established by the Territory of Guam implementation plan;

(o) prepare, adopt, promulgate, amend, rescind, repeal and enforce any other rules and regulations as may be necessary to establish additional requirements which may be at least equivalent to, or more stringent or broader in scope than, the requirements of the Clean Air Act and regulations promulgated pursuant to the Clean Air Act that are applicable to Guam;

(p) do all things necessary and convenient to prepare and submit a plan, or plans, for the implementation, maintenance and enforcement of each primary and secondary ambient air quality standard for any pollutant established pursuant to the Clean Air Act;

(q) establish and collect fees for conducting inspections and laboratory analyses, as necessary, for the purpose of carrying out this Chapter.

(r) establish, as directed by the Board of Directors, a task force for conducting research on the issue of Guam’s transition to the use of ultra-low sulfur diesel (ULSD); and to analyze the information that surfaces from said research, with specific consideration of all related factors, including, but not limited to, the transition to ULSD in the mainland U.S.; the exemptions in place for Guam and the regional islands; the overall cost impact for suppliers and consumers, including individuals paying at the pump and affected agencies of the government of Guam; infrastructure needs; the impact this transition will have to the Marianas region; supply sources for Guam; local and regional demand; a general timeline reflecting Guam’s transition to ULSD; and the establishment of any necessary benchmark dates for the transition period.

This task force shall be comprised of members of the public and private sector and shall meet bi-weekly until such time that a written report of its findings and recommendations is submitted to I Liheslatura, which shall be done no later than December 1, 2010.

SOURCE: Subsection (r) added by P.L. 30-184:3 (Aug. 28, 2010).

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