(a) The Commissioner is hereby authorized to conduct, or cause to be conducted, any tests of any new or existing process, fuel-burning, refuse-burning, or control equipment the operation of which he has reason to believe may result in emissions in excess of the limitations in this regulation, or when he has reason to believe there is evidence that emissions from any such equipment are exceeding any emission limitation prescribed in this regulation. A full written record of test conditions, of test methods, and of test results obtained by the director shall be maintained, kept on file, and made available for study by the owner. Upon notification by the Commissioner that emission tests are considered necessary, a person may elect to conduct such test himself. In this event, the person shall notify the Commissioner of this decision and of the time and date of such testing. All tests so conducted shall be in a manner acceptable to the Commissioner and a full written record of conditions in test, of test methods, and of test results obtained by the owner or his authorized test agents shall be maintained, kept on file, and made available for study by the Commissioner. The Commissioner may stipulate that a representative of his office be present during the conduct of such tests and may stipulate a reasonable time limit for the completion of such tests with consideration for seasonal adverse weather conditions. The Commissioner is also authorized to make test data available to the public as reported and as correlated with applicable emission standards.
(b) Nothing in this section concerning tests conducted by and paid for any person or his authorized agent shall be deemed to abridge the rights of the Commissioner or his representative to conduct separate or additional tests of any process, fuel-burning, refuse-burning, or control equipment on behalf of the United States Virgin Islands Government at a reasonable time.
(c) It shall be the responsibility of the owner or operator of the operation tested to provide, at his expense, reasonable and necessary openings in the system or stack, and safe and easy access thereto, to monitor emissions and to conduct source tests. All new sources of air contaminants erected after the effective date of this act, may be required by the Commissioner to provide adequate openings in the system or stack, and safe and easy access thereto, to permit technically valid measurements and samples to be taken. If a person refuses to supply testing openings, access scaffolding, and other pertinent facilities requested for the purpose of conducting valid emission tests by the Commissioner, the Commissioner shall notify such person to show cause before the Commissioner on a day certain, not less than ten (10) nor more than twenty (20) days from the date of notice, why the equipment should not be sealed.
(d) The Commissioner is authorized to carry out a program of inspection and testing of motor vehicles and to develop regulations necessary to enforce compliance with applicable emission standards when necessary and practicable. The Commissioner is also authorized to adopt transportation controls to minimize and prevent air pollution emergencies.