# THE GENERAL STATUTES OF CONNECTICUT

REVISION OF 1958

Revised to January 1, 2015



# VOLUME 8

PublishedbyAuthorityofthe State.L PROTECTION Tille 22a



### ~ns any function arising under the provisions 1ereunder; "person" includes any individual )any, trust, corporation, lin1ited liabilitycon1~ 

### 1inistrative subdivision ofthe state, and any own, city or borough.

11; !972, P.A. 45, S. l; P.A. 93-428, S. 25, 39; P.A. 95-79, S.

mcontrol commission with dean air commission and included 1sioncrand department ofhealth with commissionernnd dcpanission"; 1972 act induclccl "localair pollution control o!licial or o Sec. 22a-l70 in 1983; P.A. 93,428 included staleagenciesand nition of"pcrson", clkctivc July 1, 1993; P.A. 95-79 redefined 1995; pursuant to P.A. ll-80, "CommissionerofEnvironmcntn! hnngcd editorially bythe Rcvisors to "CommissionerorEnergy nvironmcnta! Protection", respectively, cf1Cctivc July l, 201 !.


### iutics ofCommissionerofEnergy and En

.. ;hall (I) initiate and supervise progra1ns for and hazards ofairpollution; (2) initiate and ,1 control education; (3) cooperate with and nd, with the approval ofthe Governor, from

, a1nend, repeal and enforce regulations as r act necessary to enforce the provisions of d consultwith agencies ofthe United States, 

### i industries and any other affected groups in

2; P.A. 84-546, S. !32, 173.)
aced Subdiv. (d), substituting "ndopt, amend and enforce rcgu-
:c. 19-507 transferred to Sec. 22a- l71 in 1983 and alphabetic ric indicators; P.A. 84-546 made technical changes to section,



### Consultation by commissioner ,vith other rtation and the Comtnissioner ofEconon1ic ith the com111issioner on plans for the loca- ,twith respect to the effect ofsuch plans on

)3, S. 85, 136; P.A. 80-483, S. 83, 186; P.A. 95-250, S. J; P.A.

ofcommunity allbirs with commissioner ofeconomic develofConnecticut development commission as consultnnt; Sec. 96-2 ! l replaced Commissioner and Department ofEconomic 1d Community Development.



### . Insured mortgage pay1nents 

### on nc,v :onnecticut Innovations, Incorporated 

### n1ay, insure and 111ake advance co1nmit111ents to 1ortgage on new n1achinery, equip1ncnt and g, controlling or eli1ninating air pollution, 'om,nissioner ofEnergy and Environ1nental Connecticut Innovations, Incorporated 1nay chapter 579.
1, 94; P.A. !l-80, S. l; June !2 Sp. Scss. P.A. 12-1, S. !52.) AIR l'OLLUTION CONTROL 575

[!istory: 1971 act replaced dean air commission with commissioner ofenvironmental protection; P.A. 74-338 replaced Connecticut development commission with Connecticut development authority; Sec. I9-507c transl'crrcd to Sec. 22a-173 in 1983; pursuant to P.A. 11-80, "CommissionerofEnvirnnmcnlal Protection" wns changed cditorinl!y by the Rcvisors to "Commissioner ofEnergy nnd Environmental Protection", cffr:ctivc July I, 2011; pursuant to June 12 Sp. Scss. P.A. 12-1, "Connecticut DevelopmentAuthority"was changed editorinlly by the Revisors lo "Connecticut Innovations, Incorporated", effective July l, 20!2.



### Sec. 22a-174. (Formerly Sec. 19-508). Powers ofthe commissionc1' Regulations. fees. Exemptions. General permits.Appealofcom111issioner's action repermitapplications. (a) 'fhe com1nissioner, in the 111anner provided in subdivision (l) ofsection 22a-6, shall have the power to fonnulate, adopt, a1nend and repeal regulations to control and prohibit air pollution throughout the state or in such areas ofthe state as are affected thereby, ,vhich regulations shall be consistent with the federal Air Pollution ControlAct and which qualify the state and its n1unicipalities for available federal grants. Any person heard at the public hearing on any such regulation shall be given written notice ofthe detennination of the con1n1issioner.

(b) The commissioner shall have the power to (1) enter into contracts with technical consultants, including, but not lin1ited to, nonprofit corporations created for the purpose offacilitating the state's i1nplen1entation of111ultistate air pollution control progra111s, for special studies, advice and assistance; to consultwith and advise and exchange information vvith other departlnents or agencies ofthe state; and (2) serve on the board ofdirectors of
a nonprofit corporation, including, but not li1nited to, a nonprofit corporation created for the purpose of facilitating the state's in1plen1entation of tnultistate air pollution control progra,ns.

(c) 'I'he co1nmissioner shall have thepower, in accordancewith regulations adopted by hiln, (I) to require that aperson, before undertaking the construction, installation, enlargetncnt orestablish1nent ofa new air contaminantsource specified in the regulations adopted under subsection (a) ofthis section, sub1nit to him plans, specifications and such infonnation as he dee1ns reasonably necessary relating to the construction, installation, enlargcn1ent, orestablish1nentofsuch new air contaminantsource; (2) to issue apennitapproving such plans and specifications and pennitting the construction, installation, enlargetnent or establislunent ofthe new air contan1inant source in accordance with such plans, or to issue an order requiring that such plans and specifications be n1odifled as a condition to his approving them and issuing a pennit allowing such construction, installation, enlargement
or establishtnent in accordance therewith, or to issue an order rejecting such plans and specifications and prohibiting construction, installation, enlargen1ent orestablish111ent ofa new air conta1ninant source in accordance with the plans and specifications submitted; (3) to require periodic inspection and 1naintenance ofcornbustionequipmentand othersources ofairpollution; (4) to require any person to maintain such records relating to air pollution
or to the operation offacilities designed to abate air pollution as he deems necessary to carry out the provisions ofthis chapter and section 14-164c; (5) to require that a person in control ofan air contaminant source specified in the regulations adopted under subsection (a), obtain apennitto operate such source ifthe source (A) is subjectto any regulations adopted by the con11nissioner concerning high risk hazardous air pollutants, (B) burns waste oil, (C) is allowed by the comn1issioner, pursuant to regulations adopted under subsection (a), to exceed en1ission li1nits for sulfur cotnpounds, (D) is issued an order pursuant to section 22a- I78, or (E) violates any provision ofthis chapter, or any regulation, order or pennit adopted or issued thereunder; (6) to require that a person in control ofan air contan1inant source who is not required to obtain a pennitpursuant to this subsection register \Vith hiln and provide such infonnation as he deems necessary to 1naintain his inventory ofair pollution sources and the con11nissioner tnay require renewal ofsuch registration at576 ENV!RONIVIENTAL PROTECTION

intervals he deen1s necessary to n1aintain such inventory; (7) to require a pennit for 

### any
source regulated under the federal Clean Air Act Amendments of 1990, P.L. l Ol-549; (S) to refuse to issue a pern1it ifthe Environ1nental Protection Agency objects to its issuance 

### in a tin1ely 1nanner under Title V ofthe federal Clean AirAct A1nend1nents of l990; 

### and (9) notwithstanding any regulation adopted under this chapter, to require that any source permitted under Title V ofthe federal Clean Air Act Amendments of 1990 shall comply with aH applicable stan_dards set forth 

### in the Code ofFederal Regulations, l'it!e 40, 

### Parts 51, 52, 59, 60, 61, 63, 68, 70, 72 to 78, inclusive, and 82, as amended from time to time.

(d) Frhe con11nissioner shall have 

### all incidental powers necessary to carry out 

### the poses ofthis chapter and section J4-164c.

(e) As used in this subsection, "contiguous" tneans abutting or adjoining \Vithout sideration of the actual or projected existence ofroadways, walkways, plazas, parks 

### other n1inor intervening features; "indirect source" 1neans any building, structure, facility installation or co,nbination thereat: that has or leads to associated activity as a result 0

# f which any airpollutant is or n1ay be e1nittcd. 1'he con1n1issioner shall not require the sub~ 1nission ofplans and specifications under indirect source regulations adopted pursuant subdivisions (I) and (2) ofsubsection (c) ofthis section for proposedconstruction to be ,111• dertaken within a rcdevelop1nent 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- l27 prior to October I, 1974, or tn 

### a 1nodification ofsuch 

### plan, (2) the proposed construction is part ofa contiguous, single' purpose or 1ntlltipurpose development or develop1nents and 

### (3) site clearance or construe~ tion had cotn1nenced on a portion ofthe site ofsuch devclop1nentor developments priorto October 1, 1974, nor shall the con1n1issioner issue any order pursuant to subdivision (l) of subsection (c) ofthis section pertaining to the enforce1nent ofindirect source regulations with respect to such proposed construction within such redevelopn1ent areas and urban renewal projects. In the event thatthe 1nodification ofany such plan afterOctober 

### 1, 1974; would result in the proposed constructiongenerating substantially 1nore 1notorvehicletraf..i. fie than would have been generated prior to such modification, the subn1ission ofplans and specifications shall be required for such proposed 1nodi-fication. The con1111issioner shall not require the renewal ofan indirect source operating pennit issued in accordance with subsection (c) ofthis section unless such indirect source no longer confonns with plans}' specifications orotherinforn1ation sub1nitted to said co1n1nissioner in accordancewith said subsection ( c).

(t) The commissioner shall allow the open burning ofbrush on residential property, provided the burning is conducted by the resident ofthe property or the agent ofthe resi·. dent and a pennit for such burning is obtained fro1n the local open burning official ofth_e{_-. tnunicipality in which the property is located, and the open burning ofbrush in n1unicipa,!_, landfills, transferstations and municipalrecyclingcenters,provided apennit for suchburn/ ing is obtained from the fire 1narshal ofthe n1unicipality where the facility is located,

## e~;- ccptthat no open burning ofbrushshall occur(I) when national orstatean1bient airqualif standards 1nay be exceeded; (2) where a hazardous health condition ,night be created; (3 when the forest fire danger in the area is identified by the commissioner as extren1e ail where woodland or grass land is within one hundred feet ofthe proposed burn; (4) wh there is an advisory from the con11nissioner ofany air pollution episode; (5) where probi ited by an ordinance ofthe n1unicipality; and (6) in the case ofa municipal landfill, 

### wh~;: such landfill is within an area designated as a hot spot on the open burning ,nap prepa~~-: by the con11nissioner.

### A pennit for the burning ofbrush at any municipal landfill, munJC\--- (1 

### {_>pal transJCr st::1~



### anY calendar y~ transfer statiot\i :the fire n1arsha~ the n1unicipal Jl The eommissi1 burning ofbru§ :center within**~** ,---demolition wa~

'burning ofnoqj 

# fs conducted s~ 

### 911 such burni~ subsection shaJ ofbrush withiq ~ection, fire br! 

## !1r marshes to

### j in for any oft~
area where th~! -~'i-adication or_:t~ ttative debris~ c,f_wildlife haij ;pwned properij_·1· {late propei-ty\ burning offic('i i)y the chief

# ei
be certified byi 

### ''The con1tnissi~ 

## :~;'.'-¥0,vernin_g op~

iection. The r~ 

### _rid may estalj,J

(g) The 

### c.~ rovisions of.q pnable costsl1 ith the ten'\! ipproval reqtt_i iegulations,

# rg .Q, an existiniX )eestablishe.j payment 

### ofa.j



# i(h) The

# 4
)ions ofch~ 

## ph, sufficic~I ioughthe u~ rofsuch t~I

·.conduct

## &i cified in

# £! ~ection sill~ J:i.'1rtment

# ii ptionA-86,~ 

### 'till :;11 \(JlOTECTJON Title 22::i.



### 1ventory; (7) 

### to require a per1nit for any Amendments of 1990, P.L. 101-549; (8) 1

### rotect1on Agency objects 

### to its issuance :lea!1 Air Act 

### An1end1nenl'i of l990; and
r this chapter, to 

### require that any source Act Amendments of 1990 shall comply
e ofFederal Regulat1ons, Title 40, Parts 

### and 82, as an1ended 

### fron1 tin1e to 

### tin1e.


### ti powers necessary to carry out the pur

### 1eans abutting or adjoining without con- [·' roadways, walkways, plazas, parks or 

### " n1eans any

### _building, structure, 

### fI1cility, :ads to associated activity 

### as a result of 

### con11nissioner shall not require the sub-
:s.ource regulations adopted pursuant to 

### ct1011 for proposed

### construction to be 

### un1ewal project, as defined in chapter 

### 130, 

### tt to a plan 

### fOr such redevelopment area on 8-127 prior to October I, 1974, orto 

### 1struction is part ofa contiguous, single nents and (3) site clearance or construch developn1ent or developn1ents priorto any order pursuant to subdivision (I) of brce1nent ofindirect source regulations
n such redevelop1nent areas and urban
I 

### ofany such plan after October I, 1974, 

### 1g substantially 1nore 111otorvehicle traftodification, the sub111ission ofplans and l 1nodification. The con11nissioner shall "ating pern1it issued in accordance with
source no longer confonns with plans, dcon1n1issioner in accordance with said

1r~ing ofbrush on residential property, of the property or the agent ofthe resim the local open burning o111cial ofthe 

### the open burning ofbrush in 111unicipal ~enters, provided apennit for such burnipality where the facility is located, ex1hen national or state a111bient air quality
shealth condition might be created; (3) 

### d by the con1111issioner as extre111e and ed feet ofthe proposed bnrn; (4) where air pollution episode; (5) where prohibri 

### the case ofa municipal landfill, when :.pot on the open burning n1ap prepared )rush at any municipal landfill, 111uniciAIR POLLUTION CONTROL 577 

### pal transfer station or 111unicipal recycling center shall be issued no nl()J'e than six ti1ncs in anY calendar year. The proposed pern1it to burn brush at any n1unicipal landfill, n1unicipal transfer station or 111unicipa! recycling center shall be sub111itted to the con1111issioner by the fire 1narshal, with the approval ofthe chiefelected official ofthe municipality in which the n1unicipal landfill, tnunicipal transfer station or 111unicipal recycling center is located. The con1111issioner shall approve or disapprove the fire n1arshal's proposed per111itting of burning ofbrush at a 1nunicipal landfill, 1nunicipal transfer station or n1unicipal recycling center within a reasonable ti1ne ofthe filing of such application. The burning ofleaves, demolition waste or other solid waste deposited in such landfill shall be prohibited. The 

### burning ofnonprocessed wood for campfires and bonfires is not prohibited ifthe burning is conducted so as not to create anuisance and in accordance with any restrictions itnposed
on such burning. Nothing in this subsection or in any regulation adopted pursuant to this subsection shall affect the power ot'any municipality to regulate or ban the open burning ofbrush within its boundaries for any purpose. Notwithstanding any otherprovision ofthis section,fire breaks for the purpose ofcontrolling forest fires and controlledfires in saltwater n1arshes to forestall uncontrolledfires are notprohibited. Openburning 1nay be engaged in for any ofthe following purposes ifthe open burning official withjurisdiction over the
area where the burning will occur issues an open burning pennit: Fire-training exercises; eradication or control ofinsect infestations or disease; agricultural purposes; clearing vegetative debris following a natural disaster; and vegetative manage1nent or enhancen1cnt ofwildlife habitat or ecological sustainability on 1nunicipal property or on any privately o,vncd property pennanently dedicated as open space. Open burning for such purposes on state property 1nay be engaged in with the written approval ofthe com1nissioner. Local burning officials no111inated for the purposes ofthis subsection shall be no111inated only by the chiefexecntive officer ofthe municipality in which the official will serve and shall 

### be certified by the co111111issioner. The chiefexecutive officer tnay revoke the nomination. The con1111issioner 111ay adoptregulations, in accordancewith the provisions ofchapter54, governing open burning and n1ay authorize or prohibit open burning co_nsistent with this section. The regulations 1nay require the pay1nent ofan application fee and inspection fee and 111ay establish a certification procedure for local burning officials.

(g) The co1n1nissioner shall require, by regulations adopted in accordance with the provisions ofchapter54, the pay111ent ofapennitapplication fee sufficientto coverthe reasonable costs ofreviewing and acting upon an application for, and 1nonitoring con1pliance with the tenns and conditions ot: any state or federal pennit, license, order, certificate or approval required pursuantto this section. Any person obtaining a pennit, pursuantto said regulations, forthe construction oroperationofa sourceofairpollution orfor n1odification to an existing source ofair pollution shall submit a permit fee oftwice the amount ofthe fee establishedby regulations in effecton July I, 1990. The commissionershall require the 

### pay111ent ofa per111it application fee oftwo hundred dollars.

(h) The comn1issioner ,nay require, by regulations adopted in accordance with the provisions ofchapter 54, pay1nent ofa fee by the owner or operator ofa source ofair pollution, sufficientto coverthe reasonablecostofavisual test ofan air pollution control device through the use ofadust co111pound in the detection ofleaks in suchdevice, orthe n1onitoring ofsuch test, provided such fee may notexceed the average cost to the departn1ent for the conduct or 111onitoring ofsuch tests plus ten per cent ofsuch average cost. Except as specified in section 22a-27u, all pay1nents received by the co111n1issioner pursuant to this subsection shall be deposited in the General Fund and credited to the appropriations ofthe 

### Department ofEnergy and Environn1ental Protection in accordance with the provisions of section 4-86. 

# I578 ENV/RONJVIENTAL PROTECTION 

### (i) 

### Notwithstanding the provisions ofsubsections (g) and (h) ofthis section, no inu~ 

### niclpality shall be required to pay n1orc than filly per cent ofany fee established by the/ co1111nissioner pursuant to said subsections.

(j) 

### Fees or increased fCes prescribed by this section shall not be applicable to residcn~ tial property.

(k) ( !) 

### The con1n1issioncr n1ay issue a general pen11it 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 pennit, provided the general pern1it is not inconsistent with the federal CleanAirAct, as amended in 1990, 42 

### USC, Sections 740I 

### et seq., and as 

### it 1nay be further atnended fro1n tin1c to tin1e. Any person conducting an activity for which
a general pennithas been issued shall not be required to obtain an individual pennit under this section, except as provided in subdivision (5) ofthis subsection. The general per111it 1nay regulate a category of sources which, whether or not requiring a pennit under the federal Clean Air Act, (A) involve the satne or substantially si1nilar types ofoperations
or substances, (B) require the san1e types ofpollution control equip1nent or other operating conditions, standards or lin1itations, and (C) require the san1e or sin1ilar 111onitoring, and which, in the opinion ofthe con11nissioner, are 1nore appropriately controlled under a general per111it than under an individual permit. The general permit 1nay require that any person proposing to conduct any activity under the general per111it register such activity, including obtaining approval fro1n the co111n1issioner, before the general pcnnit bccoines effective as to such activity, and may include such other conditions as the comn1issioner dee1ns appropriate, including, but not li1nited to, 111anagen1ent practices and verification and reporting require1nents. Any such reports shall be 1nade available to the public by the co1nn1issioner. The com1nissioner shall granl an application for approval under a general pennit without repeating the notice and comn1ent procedures provided under subdivision (2) ofthis subsection) and such a grant shall not be subject tojudicial review under subdivision (4) ofthis subsection. Registrations and applications for approval under the general pennitshall be subn1itted on fonns prescribed bythe con11nissioner; application fonns concerning activities regulated under the federal Clean AirAct shall require that the applicant provide such information as may be required bythat act. The co1nmissioner shall prepare, and annually amend, a list ofholders ofgeneral pennits 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 con1n1issioner ,nay issue a general pennit in accordance with the following procedures: (A)The commissionershall 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 com1nents thereon,and (iv) theright to apublic hearing if, within the co1n111entperiod, the con11nissioner receives a petition signed by at least twenty-five persons provided the notice shall statethatthe rightto apublic hearing may be exercised upon request ofany person ifthe permitregulates an activity which is subjectto provisions o-fthe federal Clean AirAct; (B) the administrator ofthe 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 AirAct; (C) the commissioner shall allow a comment period ofthirty days following publication ofnotice under subparagraph (A) ofthis subdivision during which interested persons 1nay subn1it written co,nments concerning the pern1it to the con11nissioner; (D) the co1n1nissioner shall not issue the general pern1it until after the com111ent period and the public hearing, ifone is held; (E) the commissioner shall publish notice of iany general pij
or areas; 

# i (c) ofsection

# i
br

### suspend a

# gJ li (3) Any

### gC:! pern1it coverirt'] 

### tern1 ofno 111oi) foderal Clean

# J 

# !i (4) Notwit~ 

### to H 

### general pd,\ person who su~ to the superior~ have precedenqj



### (5) Subseq~ person \Vhose 

### a;j
an individual 

## P,l would better pij_



### .**~** 

### s1oner n1ay reqti limited to, the f~ 

### general pennit;f1
or practices for

## ll (C) circu1nstan~ pern1itted activi' pora1y orpcnnaJ
a relevant chan~ the detenninatidJ tion, charactera~ require an indiv{j ered bythe gene! The notice shall'\
an application

# fq, state1nent that th]
on the effective

## 1

use bestefforts trj to take action un(

(6) The comi chapter 54, to ca~

(I) In any prJ 7661 a, the appliq review ofthe cotj accordance with

# !

(m) The coml 111ix facility undetj determines that

## tljfft\L PROTECTION

subsections (g) and (h) ofthis section, no llll! ian filly per cent ofany fee established by th

f this section shall not be applicable to reside11~.·

a general pennit with respect to a category of Lirces, except with respect to a source which i.s )rovided the general pennit is not inconsistent

.. in 1990, 42 USC, Sections 740I ct seq., and as te. Any person conducting an activity for which >e required to obtain an individual pennitunder' sion (5) ofthis subsection. The general per111it 1, whether or not requiring a permit under the
ne or substantially sin1ilar types of operations..'i 

### )fpollution control equip1nent or other operat~ 1d (C) require the sa111e or similar n1onitoring, )ner, are 111ore appropriately controlled under a irmit. The general pennit 111ay require that any .1nder the general pennit register such activity, 1111issioner, before the general pern1it becon1es

. .1de such other conditions as the con1missioner ited to, 111anage111ent practices and verificatioi1 rts shall be made available to the public by the lnt an application for approval under a general 111111ent procedures provided under subdivision II not be subject tojudicial review under subdiand applications for approval underthe general ed bythe con1n1issioner; application fonns conM al CleanAirAct shall require that the applicant ~d by that act. The co1nn1issioner shall prepare, 1eral pennits underthis section, which list shall

ures in this chapter, any regulations adopted 1ner n1ay issue a general pennit in accordance 11nissioner shall publish in a newspaper, having l or areas, notice of

### (i) intent to issue a general Igeneral permit, (iii) the opportunity to submit t to a public hearing

# H: within the con11nentpeM ;igned by at least twenty-five persons provided
chearing 1nay beexercisedupon requestofan)' 1ich is subjectto provisions ofthe federal Clean 

### :I States Environn1ental Protection Agency and 1al\ be given notice as 1nay be required by the·f>
,r shall allow a comment period ofthirty days ·· aragraph (A) ofthis subdivision during which nn1ents concerning the pern1it to the con11nisue the general permit until after the com1nent 

### !; (E) the commissioner shall publish notice of AIR POLLUTION CONTROL 579



### ,y general pennit issued in a newspaper having a substantial circulation in the affected
-~ea or areas; and (F) 

### sun1111ary suspension 

### 1nay be ordered in accordance with subsection -{\ ofsection 4-182. Any person 

### n1ay request that the 

### con11nissioner issue, 

### 1nodify, revoke 

### _b~:suspend a general 

### pern1it in accordance with this subsection.

:YJ'- (3) Any ?eneraIpe~·n:it underthis subsection_shall be issued.for a fixed tern:.A general _'_', ennit covering an activity regulated under the Jederal Clean AirAct shall be issued for a 

### ,?fenn of

### no 1nore than 

### five years. A general 

### pern1it covering an activity regulated under the

°federal Clean Air Act shall contain such additional conditions as tnay be required by that 

### act.

(4) Notwithstanding any_ other provision ofthis chapter and chapter 54, w_ith respect ·----to a general pern11t concerning act1v1t1es regulated under the federal Clean Air Act, any

p·erson who subn1itted tin1ely co1nments thereon 1nay appeal the issuance ofsuch pennit to the superior court in accordance with the provisions ofsection 4-183. Such appeal shall have precedence in the order oftrial as provided in .section 52-192.

(5) Subsequent to the issuance of a general permit, the co1nmissioner n1ay require a person "".hose activ!ty is or 1nay be ~overed by. t_he general pennit to ap~ly '!'o.r and obtai~1 '::ah indiv1dual permit pursuant to this chapter 1f he detenn1nes that an 1nd1v1dual permit ·would better protect the land, air and waters ofthe state from pollution. The con1111is- :s·ioner n1ay require an individual permit under this subdivision in cases including, but not limited to, the following: (A)Thepermittee is not in compliance with the conditions ofthe

·-· :general pern1it; (B) a change has occurred in the availability ofden1onstrated technology

_Or practices for the control or abate1nent ofpollution applicable to the pennitted activity; (C) circun1stances have changed since the titne the general pern1it was issued so that the pennitted activity is no longer appropriately controlled under the general pern1it, ora tetnp.orary orpennanentreduction or elimination ofthe pern1itted activity is necessary; or (D)
arelevant change has occurred in the applicability ofthe federal CleanAirAct. ln 1naking the detennination to require an individual pennit,theco1n111issioner 1nay considerthe loca- 'tion, characterand size ofthe source and any otherrelevantfactors. The co1n1nissioner ,nay require an individual permit underthis subdivision onlyifthe person whose activity is cov- ·ered by the general pern1it has been notified in writingthatan individual pennitis required. The notice shall include a briefstatement ofthe reasons for requiring an individual pennit,
an application form, a state1nent setting a ti1ne for the person to file the application and a ·:state1nent that the general pennit as it applies to suchperson shall auto111atically tern1inate
on the effective date ofthe individual permit. Such person shall forthwith apply for, and
use bestefforts to obtain, the individual penniL Any person 1naypetitionthe co1nmissioner to take action underthis subdivision.

(6) 'fhe con11nissioner n1ay adopt regulations, in accordance with the provisions of -~hapter 54, to carry outthe purposes ofthis subsection.



## c
.. (l) In any proceeding on an application for a permit which is required under 42 USC 

### '\7661 a, the applicant, and any other person entitled under said section to obtainjudicial ,.review ofthe co1111nissioner's final action on such application 1nay appeal such action in

-.· -~ccordance ,vith the provisions ofsection 4- l83.
(111) The con1n1issioner shall not issue a pennitfor an asphalt batch plant or continuous inix facility underthe provisions ofthis section until July I, 2004, unless the con11nissioner detcnnines that the issuance ofthe pennit will result in an i111provement ofenvirontnental580 1:-:NVIRONMENT!\L PROTECTION Title


### perforn1ance ofan existing 

### asphalt batch plant or continuous 1nix 

### plant. The provisions 

### of::, this section shall apply to any application pending on May 5, 1998. Nothing in this sectioi)'_'\ 

### shall applyto applications for upgrading, replacing, consolidatingor otherwise altering

### thi physical plant ofan existing facility provided such upgrade, rcplacernent, consolidatio1 \ 

### or alteration results in an 

### in1prove1nent ofenviron1nental perfonnance or in reduced total en1issions ofair pollutants.

(1967, P_A. 754,S.4; 1969, P.A. 758,S.4; 197 ! ,P.A. 872, S. 17; P.A. 75-453, S. I, 2; P.A. 76-232, S. I, 3; P.A. 77-252; 77-604 S. 16, 84; P.A. 79-177; P.A. 81-!27, S. I, 2; 8l-385, S. I, 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- !20, S. 1; 84-546, S. 133, 173; P.A. 85-515, S. 2; 85-57l, S. 15; P.A. 87-165; P.A. 88-122; P.A. 90-231, S. l, 28; 90-247,

# s: l; P.A. 91-183; 91-369, S. 13, 36; P.A. 92-162, S. 5, 25; P.A. 93-428, S. l7, !9, 39; P.A. 95-165, S. l; 95-218, S. 12; P.A. 96-64-· P.A. 97-124, S. 4, 16; P.A. 98-112, S. I, 2; P.A. 99-225, S. 2; P.A. 00-l, S. I, 2; June Sp. Sess. P.A. 00-1, S. 31, 46; P.A. Ol-2o/ S. ! !, 29; June Sp. Sess. P.A. 0l-9, S. 73, 13 l; June 30 Sp. Scss. P.A. 03-6, S. l24, 125; P.A. 04-151, S. l; P.A. 08-98, S. 8; Jun~ Sp. Scss. P.A. 09-3, S. 464; Sept. Sp. Scss. P.A. 09-8, S. 34; P.A. ll-80, S. l; P.A. !4-122, S. 39.)

History: !969 act required that regulations be consistent with federal net mu! qunlify state and municipalities for fodcrnl aid changed eflCclivc date ofregulations, amendments or rcpenls l!'om 60 to 30 d;1ys aHer publication, deleted provision protecting right to bum fuel or buildings under supervision and control oflircmcn's training centu instructors, gave commission power to administer oaths, take testimony nnd issue subpoenas nnd added Subsccs. (c) to (c); l97 ! act replaced "commission", i.e. clean uir commission, with "commissioner", i.e. commissioner ofenvironmental protection, deleted Subscc. (b) re hearing powers und releltercd remaining S11bsecs, nccordingly; P.A. 75-453 added Subsec. (e); P.A. 76-232 added S11bsec. (t); P.A. 77-252 required thnt indirect source operatingpermit renewal be mandatoryonly when indirect source no longer conforms to plans etc. subrni!lcd to commissioner in Subscc. (c); P.A. 77-604 corrected reference to Sec. 22a-6 in Subscc. (a); P.A. 79-l77 nddcd S11bscc. (g); P.A. 81-127 nrncnded Subscc. (t) to add provisions re burning ofbrush in municipal land!Hls; P.A. 81-385 added Subscc. (h) allowing the commissioner to require payment ofa fee by the operator ofa somcc ofair pollution to be applicable for nny visual lest ofan air pollution control device conducted or monitored by the department; See. 19-508 transferred to See. 22a-174 in 1983; P.A. 83-159 amended Subsec. (h) by requiring that the visunl test foe rd1cct the nvcrage rather than the netunl cost; P.A. 83-555 urncndcd Subscc. (g) to authorize increasing fee by nmount sufl1cicnt to cover the cost ofmonitoring compliance with the terms ofa stnle or fcdernl permit; P.A. 83-587 mnde a technical amendment to Subscc. (h); l'.t\. 84-5 amended Subscc. (!) by increasing the maximum number ot'pcrmits for burning brush in municipal landfill from three to six; P.A. 84-120 nddcd Subscc, (c)(5) and (6), requiring permits for source which is subject to high risk hazardous nir poll11tants, bums waste oil or is Hllowcd to exceed sulfuremission limits and requiring registration ofsources not permitted, nnd substituted reference to Sec. !4- I64c for rcl~rcncc lo !4-lOOc; P.A. 84-546 made technicnl changes in Subsecs. (c) and (d), substituting references lo Sec. !4-J64c for rc!crcnccs to Sec. 14- lOOe; P.A. 85-515 added Subscc. (i)re amount orfees paid by municipnlilics; P.A. 85-57 ! mndc no changes; P.A. 87- 165 amended Subsec. (c) to require persons violating nil' JJOllution control regulation.~ to obtu'm n permit; P.A. 88,l22 amended Snbscc. (c) to authorize the commissioner ofenvironmental protection to require that sources obtain a permit ifthey violate a regulation; P.A. 90-23 ! mncndcd S11bscc. (f) to require commercial applicnnts to pay a $250 application fee and a $250 inspection fee, required municipal applicnnts to pay a $125 inspection foe, required the fees to be prescribed by regulations afterJuly[, 1995, amended Subscc. (g) to require persons obtaining permits pursunnt to said subsection to pny npermit fee equal to twice the fee established by regulations, required n permit application fee of$!00, required that said ('ees to be prescribed by regulations
on and a!lerJuly 1, 1992, added Subscc. U) re registration ofsources ofair pollution and added Subscc, (k)exempting residential property from foes; P.A. 90-247 amended Subsec. (e)(5)(E) to include a violation ofthis chapter, n violation ofan order and a violation of a permit; P.A. 9!-183 nmendcd Subsec. (c) to authorize the commissioner to adopt rcgulntions concerning opcrnting permits for sources ofnir pollution under the federnl Clean AirAct nmcndmcnts of !990; 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 Subscc. (!)
re general permits for ccrtnin minor activities regulated under this section; P.A. 93-428 amended Subsec, (l) to delete a minor inconsistent provision and added new Subscc. (m) re appeal ofthe commissioner'snctions re permit applications, effectiveJuly ! , l993; P.A. 95-165 mnendcd Subsec. (1)(2) to provide for 11 public hc!lring on a general permit upon the request ofany person iflhc permit regulates nn activity regulated under the federal Clean AirAct; P.A. 95-2!8 nmcnded Subsce. (J)( 1) to delete a prohibition
on genera! permits for activities which will emit more than 25 tons ofnir pollutant per year; P.A. 96-64 amended Subscc. (t) to ndd provision re affectofsubsectionon municipnl power lo regulate open burning; P.A. 97-124 amended Subsec. (c) to nuthorizc the commissioner to require air pollution sources to comply with ecrtnin regulations under the federal Clenn Air Act nnd moved provision requiring renewal ofcertnin registrations under this section, effectiveJtme 6, 1997; P.A. 98-1 !2 nddcd new Subsec. (n)
re n two-yenr morntorium on permits for certain asphalt mnnufocturing facilities, cffCctive Muy 5, 1998; P.A. 99-225 amended Subscc. (I) to require approval ofmunicipal fire marshnl for open burning by personson residential properly, lo allow open burning at municipnl transfer stations and recycling centers and to nuthorize open burning for certain fire control purposes; P.A. 00- ! amended S11hscc. (!)to permitthe burningofnonproccssed wood for campfires and bonfires, to nllow Inca! open burningotlicials to issue permits for open burningon residential properlyund for fire training, insectcontrol, agricultun1l purposes, naturnl disaster clean-up, wild!ifo habitat and vegetative management and ceo!ogicnl sustainnbility, to establish n process for nominating and ccrtil'ying local open burning otlicinls, to allow open burning on state property with approval orthe commissioner, to authorize the commissioner to adopt regulations governing open burning, and to make conforming and technical chnnges, effective Mnrch 30,2000;JuneSp. Sess. P.A. 00-l ;imcnded Snbscc. (n) to cxlcnd moratorium on issuance ofpermits from July !, 2000, to July I, 200l,effectiveJune 2l, 2000; P.A. 0l-204amended Subsec. (n) to extendmoratoriumon issunncc ofpennitsfrom July l, 200I, to July l, 2004, to add exception for commissioner'sdetermination that permit issuance wil! result in improvementofcnviromnenta! performance, to provide that section shall not apply to the replacement ofnn existing facility, nnd to add provisions re upgrnde, rcph1ccment, consolidation ornlteration resulting in an improvement in environmental performance or in reduced totnl emissions ofair pollutants, effective July ll, 2001; June Sp. Scss. P.A. 01-9 revised effective date ofP.A. 01-204 but without afl'ecting this section; June 30 Sp. Scss. P.A. 03-6 amended Subsec. (g) to inerense permit application foe from$ !00 to $200 and to delete provision re foes as prescribed by regulation und amended Subscc. U) to increase biennial registration tCc from $75 to $150, to