§ 23-23-5 Powers and duties of thedirector. – In addition to the other powers and duties granted in this chapter, thedirector shall have and may exercise the following powers and duties:
(1) To exercise general supervision of the administration andenforcement of this chapter and all rules and regulations and orderspromulgated under this chapter;
(2) To develop comprehensive programs, for the prevention,control, and abatement of new or existing pollution of the air resources ofthis state on the basis of air quality standards adopted by the environmentalstandards board;
(3) To advise, consult, and cooperate with the cities andtowns and other agencies of the state, federal government, and other states andinterstate agencies, and with effective groups in industries in furthering thepurposes of this chapter;
(4) To promulgate standards of air quality adopted by theenvironmental standards board;
(5) To hold hearings, to issue notices of hearings andsubpoenas requiring the attendance of witnesses and the production of evidence,and to administer oaths and to take testimony as he or she may deem necessary;
(6) To encourage and conduct studies and research on airpollution and to collect and disseminate this information;
(7) To enter at all reasonable times in or upon any privateor public property, except private residences, and to detain and inspect anymotor vehicle for the purpose of inspecting or investigating any conditionwhich the director shall believe to be either an air pollution source or inviolation of any of the rules or regulations or orders promulgated under thischapter;
(8) To issue, modify, amend, or revoke any orders prohibitingor abating air pollution in accordance with the purposes of this chapter andthe rules and regulations promulgated under this chapter. In making the ordersauthorized by this chapter, the director shall consider all relevant factorsincluding, but not limited to, population density, air pollution levels, andthe character and degree of injury to health or physical property;
(9) To accept, receive, and administer grants or other fundsor gifts for the purpose of carrying out any of the functions of this chapterincluding any moneys given under any federal law to the state for air pollutioncontrol activities, surveys, or programs;
(10) To require the prior submission and approval of plans,specifications, and other data relative to the construction, installation, andmodification of air pollution control systems, devices, or any of its parts,and to inspect the installations and modifications to insure compliance withthe approved plans and to require approval to operate the system;
(11) To require the prior submission and approval of plans,specifications, and other data relative to the construction, installation, ormodification of any machine, equipment, device, article, or facility capable ofbecoming a source of air pollution, subject to the promulgation of rules andregulations under this chapter defining the classes and types of machines,equipment, devices, articles, or facilities subject to this approval;
(12) To make, issue, and amend rules and regulationsconsistent with this chapter for the prevention, control, abatement, andlimitation of air pollution, and the enforcement of orders issued under thischapter. Those rules and regulations for the control of pollution need not beuniform throughout the state. The director may prohibit emissions, dischargesand/or releases and may require specific control technology. In addition, thedirector may regulate the emission characteristics of all fuels used bystationary and mobile sources of air contaminants, provided, the specificcontrol technology and emission characteristics of fuels shall not be morestringent than the mandatory standards established by federal law orregulation, unless it can be shown that the control technology and emissioncharacteristics of fuels are needed for the attainment or maintenance of airquality standards. Variations of the standards may be based on considerationsof population density, meteorological conditions, contaminant emissions, airquality, land development plans, and any other factors that may be relevant tothe protection of the air resources of the state;
(13) To consult the board on the policies and plans for thecontrol and prevention of air pollution;
(14) To exercise all incidental powers necessary to carry outthe purposes of this chapter;
(15) To require that an approval to operate be obtained forany machine, equipment, device, article, or facility, or any source which isemitting any extremely toxic air contaminant, subject to the promulgation ofrules and regulations under this chapter defining the categories and capacitiesof machines, equipment, devices, articles, or facilities subject to thispermission. Any approval issued may set forth inspection, monitoring,compliance certification and reporting requirements to assure compliance withapproval terms and conditions;
(16) To require any person who owns or operates any machine,equipment, device, article, or facility which has the potential to emit any aircontaminant, or which is emitting any extremely toxic air contaminant, toinstall, maintain, and use air pollution emission monitoring devices and tosubmit periodic reports on the nature and amounts of air contaminant emissionfrom the machine, equipment, device, article, or facility;
(17) To require, as a condition, to the grant of anyapproval, license, or permit required by this chapter, that the person applyingfor an approval, license, or permit, first pay to the director a reasonable feebased on the costs of reviewing and acting upon the application and based onthe costs of implementing and enforcing the terms of the approval, license, orpermit;
(18) In addition, the director shall collect an annualoperating fee from sources subject to the requirements of an approval tooperate under this chapter and subject to the requirements of title V of theClean Air Amendments of 1990, 42 U.S.C. § 7661 et seq. The fee shall becalculated by the director on a weight basis for pollutants actually emitted,after controls. This operating fee shall be determined by regulation and shallbe consistent with the fee required under 42 U.S.C. § 7661a(b)(3)(B). Theoperating fees collected shall not be in excess of the amount needed to coverall reasonable (direct and indirect) costs required to develop and administeran operating permit program pursuant to the requirements of title V, of theClean Air Act amendments of 1990;
(19) No person shall operate any machine, facility, or devicewhich is subject to approval or permit by the department without an approval orpermit of the department. No source may operate after an approval or permit hasbeen denied. Any approval or permit issued under this section may be suspended,revoked or amended by the director at any time upon a showing, after notice andhearing, that the permittee has failed to comply with the provisions of thischapter, rules and regulations promulgated by the director pursuant to thischapter, or the terms and conditions of the approval or permit, or upon ashowing, after notice and hearing, that the continued operation of the approvedor permitted source constitutes a threat to the health and safety of the publicor to the environment. In any proceeding for revocation, suspension, oramendment of an approval or permit pursuant to this subsection, the directorwill provide the affected party with the opportunity for an adequate hearing.No revocation, annulment, or withdrawal of any approval or permit is lawfulunless, the agency sent notice by mail to the permittee or possessor of anapproval of the facts or conduct or violation which warrant the action, and thepermittee or possessor of an approval is given an opportunity at hearing toshow compliance with all lawful requirements for the retention of the license.If the agency finds that public health, safety, or welfare imperativelyrequires emergency action, and incorporates a finding to that effect in itsorder, summary suspension of approval or permit may be ordered pendingproceedings for revocation or other action. These proceedings shall be promptlyinstituted and determined;
(20) No approval or permit required under this chapter shallbe issued by the director if the approval or permit contains provisions thatare determined by the administrator of the Environmental Protection Agency notto be in compliance with the requirements of the federal Clean Air Act (42U.S.C § 7401 et seq.). The administrator of the EPA shall provide astatement of the reasons for the objection to the director. A copy of theobjection and statement shall be provided to the applicant. The director shallwithhold the issuance of the approval or permit until the applicant hassuccessfully satisfied the concerns of the administrator of EPA or his or herdesignee;
(21) The department may establish a small business stationarysource technical and environmental compliance assistance program. Thedepartment may use general revenue funding to cover the cost of administeringthis program. The department shall have the power to give grants, and conducteducational and/or outreach programs;
(22) To promulgate regulations to apply at the earliest tothe 1993 model year and beyond, relating to emission standards for new motorvehicles and new motor vehicle engines, warranties for motor vehicles and motorvehicle parts, recall of motor vehicles, accreditation of motor vehicle parts,and any other matters relating to the enforcement of these regulations,provided, the regulations so promulgated shall not be more stringent than themandatory standards established by federal law or regulation, unless theregulations are needed for the attainment or maintenance of air qualitystandards;
(23) Nothing in this section shall allow the department toadminister an inspection and maintenance program for automobiles withoutapproval of the general assembly;
(24) In addition to the powers and duties enumerated in thissection, the director shall have all appropriate power to adopt rules,regulations, procedures, programs, and standards as mandated by theauthorization of the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
§ 23-23-5 Powers and duties of thedirector. – In addition to the other powers and duties granted in this chapter, thedirector shall have and may exercise the following powers and duties:
(1) To exercise general supervision of the administration andenforcement of this chapter and all rules and regulations and orderspromulgated under this chapter;
(2) To develop comprehensive programs, for the prevention,control, and abatement of new or existing pollution of the air resources ofthis state on the basis of air quality standards adopted by the environmentalstandards board;
(3) To advise, consult, and cooperate with the cities andtowns and other agencies of the state, federal government, and other states andinterstate agencies, and with effective groups in industries in furthering thepurposes of this chapter;
(4) To promulgate standards of air quality adopted by theenvironmental standards board;
(5) To hold hearings, to issue notices of hearings andsubpoenas requiring the attendance of witnesses and the production of evidence,and to administer oaths and to take testimony as he or she may deem necessary;
(6) To encourage and conduct studies and research on airpollution and to collect and disseminate this information;
(7) To enter at all reasonable times in or upon any privateor public property, except private residences, and to detain and inspect anymotor vehicle for the purpose of inspecting or investigating any conditionwhich the director shall believe to be either an air pollution source or inviolation of any of the rules or regulations or orders promulgated under thischapter;
(8) To issue, modify, amend, or revoke any orders prohibitingor abating air pollution in accordance with the purposes of this chapter andthe rules and regulations promulgated under this chapter. In making the ordersauthorized by this chapter, the director shall consider all relevant factorsincluding, but not limited to, population density, air pollution levels, andthe character and degree of injury to health or physical property;
(9) To accept, receive, and administer grants or other fundsor gifts for the purpose of carrying out any of the functions of this chapterincluding any moneys given under any federal law to the state for air pollutioncontrol activities, surveys, or programs;
(10) To require the prior submission and approval of plans,specifications, and other data relative to the construction, installation, andmodification of air pollution control systems, devices, or any of its parts,and to inspect the installations and modifications to insure compliance withthe approved plans and to require approval to operate the system;
(11) To require the prior submission and approval of plans,specifications, and other data relative to the construction, installation, ormodification of any machine, equipment, device, article, or facility capable ofbecoming a source of air pollution, subject to the promulgation of rules andregulations under this chapter defining the classes and types of machines,equipment, devices, articles, or facilities subject to this approval;
(12) To make, issue, and amend rules and regulationsconsistent with this chapter for the prevention, control, abatement, andlimitation of air pollution, and the enforcement of orders issued under thischapter. Those rules and regulations for the control of pollution need not beuniform throughout the state. The director may prohibit emissions, dischargesand/or releases and may require specific control technology. In addition, thedirector may regulate the emission characteristics of all fuels used bystationary and mobile sources of air contaminants, provided, the specificcontrol technology and emission characteristics of fuels shall not be morestringent than the mandatory standards established by federal law orregulation, unless it can be shown that the control technology and emissioncharacteristics of fuels are needed for the attainment or maintenance of airquality standards. Variations of the standards may be based on considerationsof population density, meteorological conditions, contaminant emissions, airquality, land development plans, and any other factors that may be relevant tothe protection of the air resources of the state;
(13) To consult the board on the policies and plans for thecontrol and prevention of air pollution;
(14) To exercise all incidental powers necessary to carry outthe purposes of this chapter;
(15) To require that an approval to operate be obtained forany machine, equipment, device, article, or facility, or any source which isemitting any extremely toxic air contaminant, subject to the promulgation ofrules and regulations under this chapter defining the categories and capacitiesof machines, equipment, devices, articles, or facilities subject to thispermission. Any approval issued may set forth inspection, monitoring,compliance certification and reporting requirements to assure compliance withapproval terms and conditions;
(16) To require any person who owns or operates any machine,equipment, device, article, or facility which has the potential to emit any aircontaminant, or which is emitting any extremely toxic air contaminant, toinstall, maintain, and use air pollution emission monitoring devices and tosubmit periodic reports on the nature and amounts of air contaminant emissionfrom the machine, equipment, device, article, or facility;
(17) To require, as a condition, to the grant of anyapproval, license, or permit required by this chapter, that the person applyingfor an approval, license, or permit, first pay to the director a reasonable feebased on the costs of reviewing and acting upon the application and based onthe costs of implementing and enforcing the terms of the approval, license, orpermit;
(18) In addition, the director shall collect an annualoperating fee from sources subject to the requirements of an approval tooperate under this chapter and subject to the requirements of title V of theClean Air Amendments of 1990, 42 U.S.C. § 7661 et seq. The fee shall becalculated by the director on a weight basis for pollutants actually emitted,after controls. This operating fee shall be determined by regulation and shallbe consistent with the fee required under 42 U.S.C. § 7661a(b)(3)(B). Theoperating fees collected shall not be in excess of the amount needed to coverall reasonable (direct and indirect) costs required to develop and administeran operating permit program pursuant to the requirements of title V, of theClean Air Act amendments of 1990;
(19) No person shall operate any machine, facility, or devicewhich is subject to approval or permit by the department without an approval orpermit of the department. No source may operate after an approval or permit hasbeen denied. Any approval or permit issued under this section may be suspended,revoked or amended by the director at any time upon a showing, after notice andhearing, that the permittee has failed to comply with the provisions of thischapter, rules and regulations promulgated by the director pursuant to thischapter, or the terms and conditions of the approval or permit, or upon ashowing, after notice and hearing, that the continued operation of the approvedor permitted source constitutes a threat to the health and safety of the publicor to the environment. In any proceeding for revocation, suspension, oramendment of an approval or permit pursuant to this subsection, the directorwill provide the affected party with the opportunity for an adequate hearing.No revocation, annulment, or withdrawal of any approval or permit is lawfulunless, the agency sent notice by mail to the permittee or possessor of anapproval of the facts or conduct or violation which warrant the action, and thepermittee or possessor of an approval is given an opportunity at hearing toshow compliance with all lawful requirements for the retention of the license.If the agency finds that public health, safety, or welfare imperativelyrequires emergency action, and incorporates a finding to that effect in itsorder, summary suspension of approval or permit may be ordered pendingproceedings for revocation or other action. These proceedings shall be promptlyinstituted and determined;
(20) No approval or permit required under this chapter shallbe issued by the director if the approval or permit contains provisions thatare determined by the administrator of the Environmental Protection Agency notto be in compliance with the requirements of the federal Clean Air Act (42U.S.C § 7401 et seq.). The administrator of the EPA shall provide astatement of the reasons for the objection to the director. A copy of theobjection and statement shall be provided to the applicant. The director shallwithhold the issuance of the approval or permit until the applicant hassuccessfully satisfied the concerns of the administrator of EPA or his or herdesignee;
(21) The department may establish a small business stationarysource technical and environmental compliance assistance program. Thedepartment may use general revenue funding to cover the cost of administeringthis program. The department shall have the power to give grants, and conducteducational and/or outreach programs;
(22) To promulgate regulations to apply at the earliest tothe 1993 model year and beyond, relating to emission standards for new motorvehicles and new motor vehicle engines, warranties for motor vehicles and motorvehicle parts, recall of motor vehicles, accreditation of motor vehicle parts,and any other matters relating to the enforcement of these regulations,provided, the regulations so promulgated shall not be more stringent than themandatory standards established by federal law or regulation, unless theregulations are needed for the attainment or maintenance of air qualitystandards;
(23) Nothing in this section shall allow the department toadminister an inspection and maintenance program for automobiles withoutapproval of the general assembly;
(24) In addition to the powers and duties enumerated in thissection, the director shall have all appropriate power to adopt rules,regulations, procedures, programs, and standards as mandated by theauthorization of the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
§ 23-23-5 Powers and duties of thedirector. – In addition to the other powers and duties granted in this chapter, thedirector shall have and may exercise the following powers and duties:
(1) To exercise general supervision of the administration andenforcement of this chapter and all rules and regulations and orderspromulgated under this chapter;
(2) To develop comprehensive programs, for the prevention,control, and abatement of new or existing pollution of the air resources ofthis state on the basis of air quality standards adopted by the environmentalstandards board;
(3) To advise, consult, and cooperate with the cities andtowns and other agencies of the state, federal government, and other states andinterstate agencies, and with effective groups in industries in furthering thepurposes of this chapter;
(4) To promulgate standards of air quality adopted by theenvironmental standards board;
(5) To hold hearings, to issue notices of hearings andsubpoenas requiring the attendance of witnesses and the production of evidence,and to administer oaths and to take testimony as he or she may deem necessary;
(6) To encourage and conduct studies and research on airpollution and to collect and disseminate this information;
(7) To enter at all reasonable times in or upon any privateor public property, except private residences, and to detain and inspect anymotor vehicle for the purpose of inspecting or investigating any conditionwhich the director shall believe to be either an air pollution source or inviolation of any of the rules or regulations or orders promulgated under thischapter;
(8) To issue, modify, amend, or revoke any orders prohibitingor abating air pollution in accordance with the purposes of this chapter andthe rules and regulations promulgated under this chapter. In making the ordersauthorized by this chapter, the director shall consider all relevant factorsincluding, but not limited to, population density, air pollution levels, andthe character and degree of injury to health or physical property;
(9) To accept, receive, and administer grants or other fundsor gifts for the purpose of carrying out any of the functions of this chapterincluding any moneys given under any federal law to the state for air pollutioncontrol activities, surveys, or programs;
(10) To require the prior submission and approval of plans,specifications, and other data relative to the construction, installation, andmodification of air pollution control systems, devices, or any of its parts,and to inspect the installations and modifications to insure compliance withthe approved plans and to require approval to operate the system;
(11) To require the prior submission and approval of plans,specifications, and other data relative to the construction, installation, ormodification of any machine, equipment, device, article, or facility capable ofbecoming a source of air pollution, subject to the promulgation of rules andregulations under this chapter defining the classes and types of machines,equipment, devices, articles, or facilities subject to this approval;
(12) To make, issue, and amend rules and regulationsconsistent with this chapter for the prevention, control, abatement, andlimitation of air pollution, and the enforcement of orders issued under thischapter. Those rules and regulations for the control of pollution need not beuniform throughout the state. The director may prohibit emissions, dischargesand/or releases and may require specific control technology. In addition, thedirector may regulate the emission characteristics of all fuels used bystationary and mobile sources of air contaminants, provided, the specificcontrol technology and emission characteristics of fuels shall not be morestringent than the mandatory standards established by federal law orregulation, unless it can be shown that the control technology and emissioncharacteristics of fuels are needed for the attainment or maintenance of airquality standards. Variations of the standards may be based on considerationsof population density, meteorological conditions, contaminant emissions, airquality, land development plans, and any other factors that may be relevant tothe protection of the air resources of the state;
(13) To consult the board on the policies and plans for thecontrol and prevention of air pollution;
(14) To exercise all incidental powers necessary to carry outthe purposes of this chapter;
(15) To require that an approval to operate be obtained forany machine, equipment, device, article, or facility, or any source which isemitting any extremely toxic air contaminant, subject to the promulgation ofrules and regulations under this chapter defining the categories and capacitiesof machines, equipment, devices, articles, or facilities subject to thispermission. Any approval issued may set forth inspection, monitoring,compliance certification and reporting requirements to assure compliance withapproval terms and conditions;
(16) To require any person who owns or operates any machine,equipment, device, article, or facility which has the potential to emit any aircontaminant, or which is emitting any extremely toxic air contaminant, toinstall, maintain, and use air pollution emission monitoring devices and tosubmit periodic reports on the nature and amounts of air contaminant emissionfrom the machine, equipment, device, article, or facility;
(17) To require, as a condition, to the grant of anyapproval, license, or permit required by this chapter, that the person applyingfor an approval, license, or permit, first pay to the director a reasonable feebased on the costs of reviewing and acting upon the application and based onthe costs of implementing and enforcing the terms of the approval, license, orpermit;
(18) In addition, the director shall collect an annualoperating fee from sources subject to the requirements of an approval tooperate under this chapter and subject to the requirements of title V of theClean Air Amendments of 1990, 42 U.S.C. § 7661 et seq. The fee shall becalculated by the director on a weight basis for pollutants actually emitted,after controls. This operating fee shall be determined by regulation and shallbe consistent with the fee required under 42 U.S.C. § 7661a(b)(3)(B). Theoperating fees collected shall not be in excess of the amount needed to coverall reasonable (direct and indirect) costs required to develop and administeran operating permit program pursuant to the requirements of title V, of theClean Air Act amendments of 1990;
(19) No person shall operate any machine, facility, or devicewhich is subject to approval or permit by the department without an approval orpermit of the department. No source may operate after an approval or permit hasbeen denied. Any approval or permit issued under this section may be suspended,revoked or amended by the director at any time upon a showing, after notice andhearing, that the permittee has failed to comply with the provisions of thischapter, rules and regulations promulgated by the director pursuant to thischapter, or the terms and conditions of the approval or permit, or upon ashowing, after notice and hearing, that the continued operation of the approvedor permitted source constitutes a threat to the health and safety of the publicor to the environment. In any proceeding for revocation, suspension, oramendment of an approval or permit pursuant to this subsection, the directorwill provide the affected party with the opportunity for an adequate hearing.No revocation, annulment, or withdrawal of any approval or permit is lawfulunless, the agency sent notice by mail to the permittee or possessor of anapproval of the facts or conduct or violation which warrant the action, and thepermittee or possessor of an approval is given an opportunity at hearing toshow compliance with all lawful requirements for the retention of the license.If the agency finds that public health, safety, or welfare imperativelyrequires emergency action, and incorporates a finding to that effect in itsorder, summary suspension of approval or permit may be ordered pendingproceedings for revocation or other action. These proceedings shall be promptlyinstituted and determined;
(20) No approval or permit required under this chapter shallbe issued by the director if the approval or permit contains provisions thatare determined by the administrator of the Environmental Protection Agency notto be in compliance with the requirements of the federal Clean Air Act (42U.S.C § 7401 et seq.). The administrator of the EPA shall provide astatement of the reasons for the objection to the director. A copy of theobjection and statement shall be provided to the applicant. The director shallwithhold the issuance of the approval or permit until the applicant hassuccessfully satisfied the concerns of the administrator of EPA or his or herdesignee;
(21) The department may establish a small business stationarysource technical and environmental compliance assistance program. Thedepartment may use general revenue funding to cover the cost of administeringthis program. The department shall have the power to give grants, and conducteducational and/or outreach programs;
(22) To promulgate regulations to apply at the earliest tothe 1993 model year and beyond, relating to emission standards for new motorvehicles and new motor vehicle engines, warranties for motor vehicles and motorvehicle parts, recall of motor vehicles, accreditation of motor vehicle parts,and any other matters relating to the enforcement of these regulations,provided, the regulations so promulgated shall not be more stringent than themandatory standards established by federal law or regulation, unless theregulations are needed for the attainment or maintenance of air qualitystandards;
(23) Nothing in this section shall allow the department toadminister an inspection and maintenance program for automobiles withoutapproval of the general assembly;
(24) In addition to the powers and duties enumerated in thissection, the director shall have all appropriate power to adopt rules,regulations, procedures, programs, and standards as mandated by theauthorization of the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
