Guam § 49104 - Powers and Duties of the Agency.

§ 49104. Powers and Duties of the Agency.

The Agency is authorized and directed to:

(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.