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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

023

:
AIR POLLUTION CONTROL











 

§

556. Permits for the construction or modification of air contaminant sources

(a) No person

shall construct or install any air contaminant source classified within a class

or category identified by rule of the secretary as being subject to permitting

requirements under this section without first submitting a complete application

to and obtaining a permit from the secretary pursuant to this section. A

complete application shall contain such plans, specifications and other

information as the secretary deems necessary in order to determine whether the

proposed construction or installation will be in compliance with the provisions

of this chapter and with the rules adopted under this chapter. Each applicant

shall pay an application fee as required by 3 V.S.A. § 2822.

(b) The

secretary may require an applicant to submit any additional information which

the secretary considers necessary to make the completeness determination

required in subsection (a) of this section and shall not grant a permit until

the information is furnished and evaluated. For air contaminant sources that

have allowable emissions of more than 10 tons per year of all contaminants,

excluding greenhouse gases, upon making a determination to issue a draft

permit, the secretary shall issue a notice that includes a brief description of

the source and the address where a complete permit application and draft permit

may be reviewed, shall provide a public comment period on all draft permits,

and shall hold a public informational meeting, if requested. The public comment

period on a draft permit for a source that has allowable emissions of more than

10 tons per year, excluding greenhouse gases, shall be 30 days if the source

constitutes a major stationary source or major modification under the rules of

the secretary and shall otherwise be 10 days. For air contaminant sources that

have allowable emissions of less than 10 tons per year of all contaminants, the

secretary may provide an opportunity for public comment or a public

informational hearing, or both, before ruling on a proposed permit. In

determining whether to provide for comment or a meeting, the secretary shall

consider the degree of toxicity of the air contaminant and the emission rate,

the proximity of the source to residences, population centers and other

sensitive human receptors, and emission dispersion characteristics at or near

the source. The secretary shall fully consider all written and oral submissions

concerning proposed permits prior to taking final action on those proposed permits.

(c) If the

secretary determines that the proposed construction or installation of an air

contaminant source will be in compliance with all requirements of this chapter

and the rules adopted under this chapter, the secretary shall issue a permit

containing such terms and conditions as may be necessary to carry out the

purposes of this chapter. If the secretary determines that the proposed

construction or installation of an air contaminant source will not be in

compliance with all requirements of this chapter and the rules adopted under

this chapter, the secretary shall deny the permit, shall notify the applicant

in writing, and shall state in that document the reasons for the permit denial.

(d) The

secretary may suspend, terminate, modify, or revoke for cause and may reissue

any permit issued under this section.

(e) The

secretary may issue an operating permit required under section 556a of this

title in conjunction with or as a part of a permit to construct or install,

issued under this section, provided that there is compliance with all

applicable requirements of both sections.

(f) For the

purposes of this chapter, the addition to or enlargement or replacement of an

air contaminant source, or any major alteration therein, shall be construed as

the construction or installation of a new air contaminant source.

(g) All

facilities or parts thereof identified in the plans, specifications or other

information submitted pursuant to subsection (a) of this section shall be

maintained in good working order.

(h) The absence

or failure to issue a permit pursuant to this section shall not relieve any

person from compliance with any emission control requirements or with any other

provision of law.

(i)

Notwithstanding any provisions of this section, section 5-503 of the air

pollution control regulations, as adopted through April 27, 2007 (indirect

source permits) is hereby repealed. (Added 1967, No. 310 (Adj. Sess.), § 6;

amended 1971, No. 212 (Adj. Sess.), § 3; 1993, No. 92, § 3; 2009, No. 54, § 56,

eff. June 1, 2009; 2009, No. 146 (Adj. Sess.), § F8.)