§ 556a - Operating permits - Vermont Statutes

§ 556a. Operating permits

(a) Upon a date specified in the rules adopted by the secretary to implement this section, it shall be unlawful for any person to operate an air contaminant source that has allowable emissions of more than ten tons per year of all contaminants, except in compliance with a permit issued by the secretary under this section. The secretary may require that air contaminant sources with allowable emissions of ten tons or less per year obtain such a permit, upon determining that the toxicity and quantity of hazardous air contaminants emitted may adversely affect susceptible populations, or if deemed appropriate based on an evaluation of the requirements of the federal Clean Air Act.

(b) Any person required by this section to have a permit shall, not later than 12 months after the date on which the source becomes subject to rules adopted by the secretary to implement this section, submit a complete permit application and related materials to the secretary. The secretary may require any applicant, including a person requesting permission to operate under the terms of a previously issued general permit, to submit any additional information which the secretary considers necessary in order to determine whether the operation of the air contaminant source will be in compliance with the provisions of this chapter and with the rules adopted under this chapter. The secretary may refuse to grant a permit, or permission to operate under the terms of a general permit, until that information is furnished and evaluated, and until that determination has been made. If a person submits a timely and complete application for a permit required by this section, but final action has not been taken on that application, the source's failure to have a permit shall not be a violation of this section, unless the delay in final action was due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application.

(c) For air contaminant sources that have allowable emissions of more than ten tons per year of all contaminants, upon making a determination that an application is complete, the secretary shall cause notice, including a brief description of the source and the address where a complete application may be reviewed, to be published in a newspaper having general circulation in the area affected by the source, shall provide a 30-day public comment period on all draft permits, and shall hold a public informational meeting, if requested. For air contaminant sources that have allowable emissions of less than ten 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.

(d) Each permit issued under this section shall contain such terms and conditions as may be necessary to assure compliance with the requirements of this chapter and applicable rules and shall be issued for a fixed term, not to exceed five years. In addition, the secretary shall, where necessary, include in a permit issued under this section conditions which revise existing or set new emission control requirements for the source based on, at a minimum, the application of reasonably available control technology. For any source that, in whole or in part, is not in compliance with all applicable requirements, the permit shall include an appropriate schedule of compliance which is acceptable to the secretary.

(e) A permit issued under this section may be renewed upon application to the secretary for a fixed period of time, not to exceed five years. A permit being renewed shall be subject to the same procedural requirements, including those for public participation, that apply to initial permit issuance. The secretary shall not issue a permit renewal unless the applicant first demonstrates that the emissions from the subject source meet all applicable emission control requirements or are subject to, and in compliance with, an appropriate schedule of compliance.

(f) If an application for a permit renewal has been submitted to the secretary 12 months prior to the termination of the permit, and any additional information requested by the secretary has been submitted in a timely manner, but the secretary has failed to issue or deny the renewal permit before the end of the term of the previous permit, the permit shall not expire until the renewal permit has been issued or denied. In the event of a conflict between this subsection and subsection 814(b) of Title 3, the provisions of this section shall govern.

(g) The secretary shall have power to suspend, terminate, modify, or revoke for cause and to reissue any permit issued under this section.

(h)(1) The secretary may issue general operating permits covering numerous similar sources. A general permit shall be adopted as an administrative rule under the provisions of 3 V.S.A. chapter 25. Each rule creating a general permit shall include provisions that require public notice of the fact that specified emitters have applied for general permits.

(2) Each rule creating a general permit shall provide a process by which interested persons can obtain detailed information about the nature and extent of the activity proposed to receive a general permit, and a process by which aggrieved persons can obtain an opportunity to be heard on a request that the general permit be issued only subject to specific conditions to limit or mitigate the effects of the emissions in question. Based on information presented at such a hearing, an applicant may be required to obtain a permit other than a general permit, or may obtain a general permit subject to specified conditions.

(i) Failure of the secretary to act on a permit application or a permit renewal application within 18 months after the date of receipt of a completed application shall be treated as a final permit action solely for purposes of obtaining judicial review of such action by the applicant, by any person who participated in the public comment process or by any other adversely affected person in order to compel the secretary to act on such application without additional delay. (Added 1993, No. 92, § 4.)