V.I. Code tit. 12, § 204 (2019)
2019 US Virgin Islands Code|Title 12 - Conservation|Chapter 9 - Air Pollution Control|§ 204. Powers and duties

 The Department shall have and may exercise the following powers and duties: (a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder, and to perform any and all acts necessary to carry out the purposes and requirements of this chapter and of the Clean Air Act, as amended; (b) To develop comprehensive programs for the prevention, control and abatement of new or existing air pollution in the United States Virgin Islands; (c) To advise, consult, and cooperate with other agencies of the United States Virgin Islands, the Federal Government, other states and interstate agencies, and with affected groups and industries in furtherance of the purposes of this chapter; (d) To accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any of its functions, which loans and grants shall not be expended for other than the purposes for which provided; (e) To encourage, participate in, or conduct studies, investigations, research and demonstrations relating to air pollution and the causes, prevention, control and abatement thereof as it may deem advisable and necessary for the discharge of its duties under this chapter; to disseminate information relating thereto, and to prepare, develop and adopt a comprehensive plan or plans for the prevention, control and abatement thereof; (f) To adopt, modify, repeal, and promulgate, after public comment or hearing on due notice, and to enforce such rules and regulations as may be necessary to prevent, control and abate existing or potential air pollution; (g) To require the prior submission of plans, specifications, and other data relative to, and to inspect the construction with the issuance of such construction permits or approvals as are required by this chapter; (h) To issue, under such conditions as it may prescribe to prevent, control, or abate pollution, permits for the emission of pollutants into the atmosphere about the United States Virgin Islands and for the construction, modification or operation of any source; (i) To require monitoring, and related recordkeeping and reporting requirements with the issuance, modification, or reissuance of permits required by this chapter; (j) To issue, modify or revoke orders: (1) prohibiting or abating emissions of air pollutants; and (2) restraining immediately any person from engaging in any activity in violation of a permit and which is presenting an imminent and substantial endangerment to the public health or welfare of the environment. (k) To terminate, modify, revoke, reissue and reopen permits, in whole or in part, for cause; (l) To administer and enforce the provisions of this chapter as it relates to the Clean Air Act, as amended, and all rules, regulations, orders, emission standards, emission limitations, or emission prohibitions, the requirement to obtain a permit, to charge permit fees, and to enforce the conditions and terms of permits issued or effective hereunder; (m) To develop a small business stationary source technical and environmental compliance assistance program in accordance with Title V, section 507 of the Clean Air Act, as amended, for the purpose of regulating small businesses and facilitating compliance by small businesses with the Clean Air Act. The Commissioner is authorized to adopt, modify, repeal, and promulgate rules and regulations to implement this program; (n) To establish and collect fees sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program requirements of this chapter, including subsection (m); (o) To establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out the provisions of this chapter; (p) To incorporate federal Title V operating permit requirements into permits issued under this chapter; (q) In connection with the discharge or exercise of any of its functions, duties, or powers, to hold such hearings, to issue notices of hearings, and subpoenas requiring the attendance of such witnesses and the production of such evidence, to administer such oaths, and to take such testimony as may be necessary; (r) To exercise all incidental powers necessary to carry out the purposes of this chapter.