(a) The Department of Conservation and Cultural Affairs is hereby declared the Air Pollution Control Agency of the United States Virgin Islands, and the sole state agency of this territory for the purpose of establishing and administering or supervising the administration of any United States Virgin Islands plan which is now or may hereafter be required as a condition for receipt of funds for territorial expenditure for air pollution control purposes under any Act of Congress, now existing or hereinafter enacted relating to air pollution control, or any acts amendatory thereof or supplementary thereto, or any administrative rulings pursuant to such acts. The said Department, through the Commissioner thereof, is hereby authorized to take all action necessary or appropriate to secure to the United States Virgin Islands the benefits of any of the aforesaid acts, and to receive, administer, expend and distribute any funds that may be available under any federal law or from any other source, public or private, for the purposes of air pollution control. The Commissioner shall carry out the functions and duties conferred on the Department by this chapter. The Commissioner is further authorized to comply with all other administrative requirements, not inconsistent with the laws of this territory, imposed as a condition to receiving federal grants.
(b) the Commissioner shall establish a small business stationary source technical and environmental compliance assistance program as provided under section 507 of the Clean Air Act, as amended. The Commissioner shall promulgate rules and regulations to carry out the program. Such program shall include each of the following:
(1) A designated territorial office to serve as ombudsman for small businesses in connection with implementation of section 507 of the Clean Air Act, as amended.
(2) The establishment of a small business assistance program for providing technical and compliance assistance to small business stationary sources.
(3) The creation of a Compliance Advisory Panel. The Panel shall consist of:
(A) Two (2) members, who are not owners, or representatives of owners, of small business stationary sources, selected by the Governor to represent the general public;
(B) Four (4) members selected by the Legislature who are owners, or who represent owners, of small business stationary sources (two (2) members each shall be selected by the majority leadership and the minority leadership);
(C) One (1) member selected by the Commissioner to represent the Department.
(D) The panel shall elect a Chairman among its members. Four members of the Panel shall constitute a quorum for the transaction of all business of the Panel. A majority of those members present shall decide on all matters before the Panel. The Panel may adopt such other rules as it deems necessary to conduct its business.
(E) Members of the Panel shall serve a term of two years and may be reappointed. Upon the conclusion of the term of any member of the Panel, such person shall continue to serve until a new member is appointed. The appointed members of the Panel shall receive the sum of $50 for each day or part thereof spent in the performance of their duties. Every member of the Panel shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in their carrying out of the obligations set forth in section 507(e) of the Clean Air Act, as amended.
(4) The Compliance Advisory Panel shall:
(A) render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, and degree and severity of enforcement;
(B) make periodic reports to the Administrator concerning the compliance of the Territorial Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act;
(C) review information for small business stationary sources to assure such information is understandable by the layperson; and
(D) have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
(c) Eligibility shall be determined as follows:
(1) For purposes of this section, the term “small business stationary source” means a stationary source that:
(A) is owned or operated by a person that employs 100 or fewer individuals;
(B) is a small business concern as defined in the Small Business Act;
(C) is not a major stationary source;
(D) does not emit 50 tons or more per year of any regulated pollutant; and
(E) emits less than 75 tons per year of all regulated pollutants.
(2) Upon petition by a source, the Department may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subparagraphs (C), (D) or (E) of paragraph (1) but which does not emit more than 100 tons per year of all regulated pollutants.
(3) The Territory, in consultation with the Administrator and the Administrator of the Small Business Administration and after providing notice and opportunity for public hearing, may exclude from the small business stationary source definition under this section any category or subcategory of sources that the Territory determines to have sufficient technical and financial capabilities to meet the requirements of this chapter without the application of this subsection.