Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations. Fees. Exemptions. General permits. Appeal of commissioner's action re permit applications.
Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations. Fees. Exemptions. General permits. Appeal of commissioner's action re permit applications. (a) The commissioner, in the manner provided in subdivision (1) of
section 22a-6, shall have the power to formulate, adopt, amend and repeal regulations
to control and prohibit air pollution throughout the state or in such areas of the state as
are affected thereby, which regulations shall be consistent with the federal Air Pollution
Control Act and which qualify the state and its municipalities for available federal grants.
Any person heard at the public hearing on any such regulation shall be given written
notice of the determination of the commissioner.
(b) The commissioner shall have the power to (1) enter into contracts with technical
consultants, including, but not limited to, nonprofit corporations created for the purpose
of facilitating the state's implementation of multistate air pollution control programs,
for special studies, advice and assistance; to consult with and advise and exchange
information with other departments or agencies of the state; and (2) serve on the board of
directors of a nonprofit corporation, including, but not limited to, a nonprofit corporation
created for the purpose of facilitating the state's implementation of multistate air pollution control programs.
(c) The commissioner shall have the power, in accordance with regulations adopted
by him, (1) to require that a person, before undertaking the construction, installation,
enlargement or establishment of a new air contaminant source specified in the regulations adopted under subsection (a) of this section, submit to him plans, specifications
and such information as he deems reasonably necessary relating to the construction,
installation, enlargement, or establishment of such new air contaminant source; (2) to
issue a permit approving such plans and specifications and permitting the construction,
installation, enlargement or establishment of the new air contaminant source in accordance with such plans, or to issue an order requiring that such plans and specifications
be modified as a condition to his approving them and issuing a permit allowing such
construction, installation, enlargement or establishment in accordance therewith, or to
issue an order rejecting such plans and specifications and prohibiting construction, installation, enlargement or establishment of a new air contaminant source in accordance
with the plans and specifications submitted; (3) to require periodic inspection and maintenance of combustion equipment and other sources of air pollution; (4) to require any
person to maintain such records relating to air pollution or to the operation of facilities
designed to abate air pollution as he deems necessary to carry out the provisions of this
chapter and section 14-164c; (5) to require that a person in control of an air contaminant
source specified in the regulations adopted under subsection (a), obtain a permit to
operate such source if the source (A) is subject to any regulations adopted by the commissioner concerning high risk hazardous air pollutants, (B) burns waste oil, (C) is allowed
by the commissioner, pursuant to regulations adopted under subsection (a), to exceed
emission limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E) violates any provision of this chapter, or any regulation, order or permit
adopted or issued thereunder; (6) to require that a person in control of an air contaminant
source who is not required to obtain a permit pursuant to this subsection register with
him and provide such information as he deems necessary to maintain his inventory of
air pollution sources and the commissioner may require renewal of such registration at
intervals he deems necessary to maintain such inventory; (7) to require a permit for any
source regulated under the federal Clean Air Act Amendments of 1990, P.L. 101-549;
(8) to refuse to issue a permit if the Environmental Protection Agency objects to its
issuance in a timely manner under Title V of the federal Clean Air Act Amendments
of 1990; and (9) notwithstanding any regulation adopted under this chapter, to require
that any source permitted under Title V of the federal Clean Air Act Amendments of
1990 shall comply with all applicable standards set forth in the Code of Federal Regulations, Title 40, Parts 51, 52, 59, 60, 61, 63, 68, 70, 72 to 78, inclusive, and 82, as amended
from time to time.
(d) The commissioner shall have all incidental powers necessary to carry out the
purposes of this chapter and section 14-164c.
(e) As used in this subsection, "contiguous" means abutting or adjoining without
consideration of the actual or projected existence of roadways, walkways, plazas, parks
or other minor intervening features; "indirect source" means any building, structure,
facility, installation or combination thereof, that has or leads to associated activity as a
result of which any air pollutant is or may be emitted. The commissioner shall not require
the submission of plans and specifications under indirect source regulations adopted
pursuant to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be undertaken within a redevelopment area or urban renewal project, as
defined in chapter 130, provided (1) the proposed construction is pursuant to a plan for
such redevelopment area or urban renewal project adopted pursuant to section 8-127
prior to October 1, 1974, or to a modification of such plan, (2) the proposed construction
is part of a contiguous, single purpose or multipurpose development or developments
and (3) site clearance or construction had commenced on a portion of the site of such
development or developments prior to October 1, 1974, nor shall the commissioner
issue any order pursuant to subdivision (1) of subsection (c) of this section pertaining
to the enforcement of indirect source regulations with respect to such proposed construction within such redevelopment areas and urban renewal projects. In the event that
the modification of any such plan after October 1, 1974, would result in the proposed
construction generating substantially more motor vehicle traffic than would have been
generated prior to such modification, the submission of plans and specifications shall
be required for such proposed modification. The commissioner shall not require the
renewal of an indirect source operating permit issued in accordance with subsection (c)
of this section unless such indirect source no longer conforms with plans, specifications
or other information submitted to said commissioner in accordance with said subsection (c).
(f) The commissioner shall allow the open burning of brush on residential property,
provided the burning is conducted by the resident of the property or the agent of the
resident and a permit for such burning is obtained from the local open burning official
of the municipality in which the property is located, and the open burning of brush in
municipal landfills, transfer stations and municipal recycling centers, provided a permit
for such burning is obtained from the fire marshal of the municipality where the facility
is located, except that no open burning of brush shall occur (1) when national or state
ambient air quality standards may be exceeded; (2) where a hazardous health condition
might be created; (3) when the forest fire danger in the area is identified by the commissioner as extreme and where woodland or grass land is within one hundred feet of the
proposed burn; (4) where there is an advisory from the commissioner of any air pollution
episode; (5) where prohibited by an ordinance of the municipality; and (6) in the case
of a municipal landfill, when such landfill is within an area designated as a hot spot on
the open burning map prepared by the commissioner. A permit for the burning of brush
at any municipal landfill, municipal transfer station or municipal recycling center shall
be issued no more than six times in any calendar year. The proposed permit to burn
brush at any municipal landfill, municipal transfer station or municipal recycling center
shall be submitted to the commissioner by the fire marshal, with the approval of the
chief elected official of the municipality in which the municipal landfill, municipal
transfer station or municipal recycling center is located. The commissioner shall approve
or disapprove the fire marshal's proposed permitting of burning of brush at a municipal
landfill, municipal transfer station or municipal recycling center within a reasonable
time of the filing of such application. The burning of leaves, demolition waste or other
solid waste deposited in such landfill shall be prohibited. The burning of nonprocessed
wood for campfires and bonfires is not prohibited if the burning is conducted so as not
to create a nuisance and in accordance with any restrictions imposed on such burning.
Nothing in this subsection or in any regulation adopted pursuant to this subsection shall
affect the power of any municipality to regulate or ban the open burning of brush within
its boundaries for any purpose. Notwithstanding any other provision of this section, fire
breaks for the purpose of controlling forest fires and controlled fires in salt water marshes
to forestall uncontrolled fires are not prohibited. Open burning may be engaged in for
any of the following purposes if the open burning official with jurisdiction over the area
where the burning will occur issues an open burning permit: Fire-training exercises;
eradication or control of insect infestations or disease; agricultural purposes; clearing
vegetative debris following a natural disaster; and vegetative management or enhancement of wildlife habitat or ecological sustainability on municipal property or on any
privately owned property permanently dedicated as open space. Open burning for such
purposes on state property may be engaged in with the written approval of the commissioner. Local burning officials nominated for the purposes of this subsection shall be
nominated only by the chief executive officer of the municipality in which the official
will serve and shall be certified by the commissioner. The chief executive officer may
revoke the nomination. The commissioner may adopt regulations, in accordance with
the provisions of chapter 54, governing open burning and may authorize or prohibit
open burning consistent with this section. The regulations may require the payment of
an application fee and inspection fee and may establish a certification procedure for
local burning officials.
(g) The commissioner shall require, by regulations adopted in accordance with the
provisions of chapter 54, the payment of a permit application fee sufficient to cover
the reasonable costs of reviewing and acting upon an application for, and monitoring
compliance with the terms and conditions of, any state or federal permit, license, order,
certificate or approval required pursuant to this section. Any person obtaining a permit,
pursuant to said regulations, for the construction or operation of a source of air pollution
or for modification to an existing source of air pollution shall submit a permit fee of
twice the amount of the fee established by regulations in effect on July 1, 1990. The
commissioner shall require the payment of a permit application fee of two hundred
dollars.
(h) The commissioner may require, by regulations adopted in accordance with the
provisions of chapter 54, payment of a fee by the owner or operator of a source of air
pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control
device through the use of a dust compound in the detection of leaks in such device, or
the monitoring of such test, provided such fee may not exceed the average cost to the
department for the conduct or monitoring of such tests plus ten per cent of such average
cost. Except as specified in section 22a-27g, all payments received by the commissioner
pursuant to this subsection shall be deposited in the General Fund and credited to the
appropriations of the Department of Environmental Protection in accordance with the
provisions of section 4-86.
(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no
municipality shall be required to pay more than fifty per cent of any fee established by
the commissioner pursuant to said subsections.
(j) Fees or increased fees prescribed by this section shall not be applicable to residential property.
(k) (1) The commissioner may issue a general permit with respect to a category of
new or existing stationary air pollution sources, except with respect to a source which
is already covered by an individual permit, provided the general permit is not inconsistent with the federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq.,
and as it may be further amended from time to time. Any person conducting an activity
for which a general permit has been issued shall not be required to obtain an individual
permit under this section, except as provided in subdivision (5) of this subsection. The
general permit may regulate a category of sources which, whether or not requiring a
permit under the federal Clean Air Act, (A) involve the same or substantially similar
types of operations or substances, (B) require the same types of pollution control equipment or other operating conditions, standards or limitations, and (C) require the same
or similar monitoring, and which, in the opinion of the commissioner, are more appropriately controlled under a general permit than under an individual permit. The general
permit may require that any person proposing to conduct any activity under the general
permit register such activity, including obtaining approval from the commissioner, before the general permit becomes effective as to such activity, and may include such
other conditions as the commissioner deems appropriate, including, but not limited to,
management practices and verification and reporting requirements. Any such reports
shall be made available to the public by the commissioner. The commissioner shall grant
an application for approval under a general permit without repeating the notice and
comment procedures provided under subdivision (2) of this subsection, and such a grant
shall not be subject to judicial review under subdivision (4) of this subsection. Registrations and applications for approval under the general permit shall be submitted on forms
prescribed by the commissioner; application forms concerning activities regulated under
the federal Clean Air Act shall require that the applicant provide such information as
may be required by that act. The commissioner shall prepare, and annually amend, a
list of holders of general permits under this section, which list shall be made available
to the public.
(2) Notwithstanding any other procedures in this chapter, any regulations adopted
thereunder, and chapter 54, the commissioner may issue a general permit in accordance
with the following procedures: (A) The commissioner shall publish in a newspaper,
having a substantial circulation in the affected area or areas, notice of (i) intent to issue
a general permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity
to submit written comments thereon, and (iv) the right to a public hearing if, within the
comment period, the commissioner receives a petition signed by at least twenty-five
persons provided the notice shall state that the right to a public hearing may be exercised
upon request of any person if the permit regulates an activity which is subject to provisions of the federal Clean Air Act; (B) the administrator of the United States Environmental Protection Agency and any states affected by the general permit shall be given
notice as may be required by the federal Clean Air Act; (C) the commissioner shall allow
a comment period of thirty days following publication of notice under subparagraph
(A) of this subdivision during which interested persons may submit written comments
concerning the permit to the commissioner; (D) the commissioner shall not issue the
general permit until after the comment period and the public hearing, if one is held; (E)
the commissioner shall publish notice of any general permit issued in a newspaper having
a substantial circulation in the affected area or areas; and (F) summary suspension may
be ordered in accordance with subsection (c) of section 4-182. Any person may request
that the commissioner issue, modify, revoke or suspend a general permit in accordance
with this subsection.
(3) Any general permit under this subsection shall be issued for a fixed term. A
general permit covering an activity regulated under the federal Clean Air Act shall be
issued for a term of no more than five years. A general permit covering an activity
regulated under the federal Clean Air Act shall contain such additional conditions as
may be required by that act.
(4) Notwithstanding any other provision of this chapter and chapter 54, with respect
to a general permit concerning activities regulated under the federal Clean Air Act, any
person who submitted timely comments thereon may appeal the issuance of such permit
to the superior court in accordance with the provisions of section 4-183. Such appeal
shall have precedence in the order of trial as provided in section 52-192.
(5) Subsequent to the issuance of a general permit, the commissioner may require
a person whose activity is or may be covered by the general permit to apply for and
obtain an individual permit pursuant to this chapter if he determines that an individual
permit would better protect the land, air and waters of the state from pollution. The
commissioner may require an individual permit under this subdivision in cases including, but not limited to, the following: (A) The permittee is not in compliance with the
conditions of the general permit; (B) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollution applicable to
the permitted activity; (C) circumstances have changed since the time the general permit
was issued so that the permitted activity is no longer appropriately controlled under the
general permit, or a temporary or permanent reduction or elimination of the permitted
activity is necessary; or (D) a relevant change has occurred in the applicability of the
federal Clean Air Act. In making the determination to require an individual permit, the
commissioner may consider the location, character and size of the source and any other
relevant factors. The commissioner may require an individual permit under this subdivision only if the person whose activity is covered by the general permit has been notified
in writing that an individual permit is required. The notice shall include a brief statement
of the reasons for requiring an individual permit, an application form, a statement setting
a time for the person to file the application and a statement that the general permit as it
applies to such person shall automatically terminate on the effective date of the individual permit. Such person shall forthwith apply for, and use best efforts to obtain, the
individual permit. Any person may petition the commissioner to take action under this
subdivision.
(6) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to carry out the purposes of this subsection.
(l) In any proceeding on an application for a permit which is required under 42 USC
7661a, the applicant, and any other person entitled under said section to obtain judicial
review of the commissioner's final action on such application may appeal such action
in accordance with the provisions of section 4-183.
(m) The commissioner shall not issue a permit for an asphalt batch plant or continuous mix facility under the provisions of this section until July 1, 2004, unless the commissioner determines that the issuance of the permit will result in an improvement of environmental performance of an existing asphalt batch plant or continuous mix plant. The
provisions of this section shall apply to any application pending on May 5, 1998. Nothing
in this section shall apply to applications for upgrading, replacing, consolidating or
otherwise altering the physical plant of an existing facility provided such upgrade, replacement, consolidation or alteration results in an improvement of environmental performance or in reduced total emissions of air pollutants.
(1967, P.A. 754, S. 4; 1969, P.A. 758, S. 4; 1971, P.A. 872, S. 17; P.A. 75-453, S. 1, 2; P.A. 76-232, S. 1, 3; P.A. 77-252; 77-604, S. 16, 84; P.A. 79-177; P.A. 81-127, S. 1, 2; 81-385, S. 1, 2; P.A. 83-159, S. 2, 3; 83-555, S. 2; 83-587, S.
74, 96; P.A. 84-5, S. 1, 2; 84-120, S. 1; 84-546, S. 133, 173; P.A. 85-515, S. 2; 85-571, S. 15; P.A. 87-165; P.A. 88-122;
P.A. 90-231, S. 1, 28; 90-247, S. 1; P.A. 91-183; 91-369, S. 13, 36; P.A. 92-162, S. 5, 25; P.A. 93-428, S. 17, 19, 39; P.A.
95-165, S. 1; 95-218, S. 12; P.A. 96-64; P.A. 97-124, S. 4, 16; P.A. 98-112, S. 1, 2; P.A. 99-225, S. 2; P.A. 00-1, S. 1, 2;
June Sp. Sess. P.A. 00-1, S. 31, 46; P.A. 01-204, S. 11, 29; June Sp. Sess. P.A. 01-9, S. 73, 131; June 30 Sp. Sess. P.A.
03-6, S. 124, 125; P.A. 04-151, S. 1; P.A. 08-98, S. 8.)
History: 1969 act required that regulations be consistent with federal act and qualify state and municipalities for federal
aid, changed effective date of regulations, amendments or repeals from 60 to 30 days after publication, deleted provision
protecting right to burn fuel or buildings under supervision and control of firemen's training center instructors, gave
commission power to administer oaths, take testimony and issue subpoenas and added Subsecs. (c) to (e); 1971 act replaced
"commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection, deleted
Subsec. (b) re hearing powers and relettered remaining Subsecs. accordingly; P.A. 75-453 added Subsec. (e); P.A. 76-232
added Subsec. (f); P.A. 77-252 required that indirect source operating permit renewal be mandatory only when indirect
source no longer conforms to plans etc. submitted to commissioner in Subsec. (e); P.A. 77-604 corrected reference to Sec.
22a-6 in Subsec. (a); P.A. 79-177 added Subsec. (g); P.A. 81-127 amended Subsec. (f) to add provisions re burning of
brush in municipal landfills; P.A. 81-385 added Subsec. (h) allowing the commissioner to require payment of a fee by the
operator of a source of air pollution to be applicable for any visual test of an air pollution control device conducted or
monitored by the department; Sec. 19-508 transferred to Sec. 22a-174 in 1983; P.A. 83-159 amended Subsec. (h) by
requiring that the visual test fee reflect the average rather than the actual cost; P.A. 83-555 amended Subsec. (g) to authorize
increasing fee by amount sufficient to cover the cost of monitoring compliance with the terms of a state or federal permit;
P.A. 83-587 made a technical amendment to Subsec. (h); P.A. 84-5 amended Subsec. (f) by increasing the maximum
number of permits for burning brush in municipal landfill from three to six; P.A. 84-120 added Subsec. (c)(5) and (6),
requiring permits for source which is subject to high risk hazardous air pollutants, burns waste oil or is allowed to exceed
sulfur emission limits and requiring registration of sources not permitted, and substituted reference to Sec. 14-164c for
reference to 14-100c; P.A. 84-546 made technical changes in Subsecs. (c) and (d), substituting references to Sec. 14-164c
for references to Sec. 14-100c; P.A. 85-515 added Subsec. (i) re amount of fees paid by municipalities; P.A. 85-571 made
no changes; P.A. 87-165 amended Subsec. (c) to require persons violating air pollution control regulations to obtain a
permit; P.A. 88-122 amended Subsec. (c) to authorize the commissioner of environmental protection to require that sources
obtain a permit if they violate a regulation; P.A. 90-231 amended Subsec. (f) to require commercial applicants to pay a
$250 application fee and a $250 inspection fee, required municipal applicants to pay a $125 inspection fee, required the
fees to be prescribed by regulations after July 1, 1995, amended Subsec. (g) to require persons obtaining permits pursuant
to said subsection to pay a permit fee equal to twice the fee established by regulations, required a permit application fee
of $100, required that said fees to be prescribed by regulations on and after July 1, 1992, added Subsec. (j) re registration
of sources of air pollution and added Subsec. (k) exempting residential property from fees; P.A. 90-247 amended Subsec.
(c)(5)(E) to include a violation of this chapter, a violation of an order and a violation of a permit; P.A. 91-183 amended
Subsec. (c) to authorize the commissioner to adopt regulations concerning operating permits for sources of air pollution
under the federal Clean Air Act amendments of 1990; P.A. 91-369 amended Subsec. (h) to modify the method by which
payments received by the commissioner shall be deposited; P.A. 92-162 added new Subsec. (l) re general permits for
certain minor activities regulated under this section; P.A. 93-428 amended Subsec. (l) to delete a minor inconsistent
provision and added new Subsec. (m) re appeal of the commissioner's actions re permit applications, effective July 1,
1993; P.A. 95-165 amended Subsec. (l)(2) to provide for a public hearing on a general permit upon the request of any
person if the permit regulates an activity regulated under the federal Clean Air Act; P.A. 95-218 amended Subsec. (l)(1)
to delete a prohibition on general permits for activities which will emit more than 25 tons of air pollutant per year; P.A.
96-64 amended Subsec. (f) to add provision re affect of subsection on municipal power to regulate open burning; P.A. 97-124 amended Subsec. (c) to authorize the commissioner to require air pollution sources to comply with certain regulations
under the federal Clean Air Act and moved provision requiring renewal of certain registrations under this section, effective
June 6, 1997; P.A. 98-112 added new Subsec. (n) re a two-year moratorium on permits for certain asphalt manufacturing
facilities, effective May 5, 1998; P.A. 99-225 amended Subsec. (f) to require approval of municipal fire marshal for open
burning by persons on residential property, to allow open burning at municipal transfer stations and recycling centers
and to authorize open burning for certain fire control purposes; P.A. 00-1 amended Subsec. (f) to permit the burning of
nonprocessed wood for campfires and bonfires, to allow local open burning officials to issue permits for open burning on
residential property and for fire training, insect control, agricultural purposes, natural disaster clean-up, wildlife habitat
and vegetative management and ecological sustainability, to establish a process for nominating and certifying local open
burning officials, to allow open burning on state property with approval of the commissioner, to authorize the commissioner
to adopt regulations governing open burning, and to make conforming and technical changes, effective March 30, 2000;
June Sp. Sess. P.A. 00-1 amended Subsec. (n) to extend moratorium on issuance of permits from July 1, 2000, to July 1,
2001, effective June 21, 2000; P.A. 01-204 amended Subsec. (n) to extend moratorium on issuance of permits from July
1, 2001, to July 1, 2004, to add exception for commissioner's determination that permit issuance will result in improvement
of environmental performance, to provide that section shall not apply to the replacement of an existing facility, and to add
provisions re upgrade, replacement, consolidation or alteration resulting in an improvement in environmental performance
or in reduced total emissions of air pollutants, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A.
01-204 but without affecting this section; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (g) to increase permit application fee
from $100 to $200 and to delete provision re fees as prescribed by regulation and amended Subsec. (j) to increase biennial
registration fee from $75 to $150, to increase maximum registration fee for a premise from $5,000 to $7,500 and to delete
provision re fees as prescribed by regulation, effective August 20, 2003; P.A. 04-151 deleted former Subsec. (j) re biennial
registration, redesignated existing Subsecs. (k) to (n) as new Subsecs. (j) to (m), respectively, and made technical changes
in Subsecs. (c) and (k)(1), effective May 21, 2004; P.A. 08-98 amended Subsec. (b) to add Subdivs. (1) and (2) re commissioner's power to enter into contracts and serve on certain boards of directors, effective June 2, 2008.
See Sec. 22a-27i re exemption of municipality for one year.
See Sec. 22a-174d re planting of trees or grass as condition of permit.
See Sec. 22a-196 re location of asphalt batching or continuous mix facilities.
See Sec. 22a-208j re moratorium on permits for wood-burning facilities.
See Secs. 22a-208l and 22a-208n re wood-burning facilities.
Annotation to former section 19-508:
Cited. 36 CS 74.
Annotations to present section:
Cited. 227 C. 545. Cited. 233 C. 486.
Subsec. (c):
Cited. 192 C. 591. Cited. 218 C. 821.