2013 Vermont Statutes
Title 10 Conservation and Development
Chapter 23 AIR POLLUTION CONTROL
§ 556 Permits for the construction or modification of air contaminant sources

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.)