THE GENERAL STATUTES 

OF CONNECTICUT 

REVISION OF 1958 

Revised to January 1, 2015 

VOLUME 8 

Published by Authority of the State 
.L PROTECTION Tille 22a 

~ns any function arising under the provisions 

1ereunder; "person" includes any individual 

)any, trust, corporation, lin1ited liability con1~ 

1inistrative subdivision of the 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. 

m control commission with dean air commission and included 

1sioncr and department of health with commissioner nnd dcpanission"; 1972 act induclccl "local air pollution control o!licial or 

o Sec. 22a-l 70 in 1983; P.A. 93,428 included stale agencies and 

nition of"pcrson", clkctivc July 1, 1993; P.A. 95-79 redefined 

1995; pursuant to P.A. l l-80, "Commissioner ofEnvironmcntn! 

hnngcd editorially by the Rcvisors to "Commissioner or Energy 

nvironmcnta! Protection", respectively, cf1Cctivc July l, 201 !. 

iutics of Commissioner of Energy and En .. 

;hall (I) initiate and supervise progra1ns for 

and hazards of air pollution; (2) initiate and 

,1 control education; (3) cooperate with and 

nd, with the approval of the Governor, from 

, a1nend, repeal and enforce regulations as 

r act necessary to enforce the provisions of 

d consult with agencies of the 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- l 71 in 1983 and alphabetic 

ric indicators; P.A. 84-546 made technical changes to section, 

Consultation by commissioner ,vith other 

rtation and the Comtnissioner of Econon1ic 

ith the com111issioner on plans for the loca-

,t with respect to the effect of such plans on 

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

of community allbirs with commissioner of economic develof Connecticut development commission as consultnnt; Sec. 

96-2 ! l replaced Commissioner and Department of Economic 

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 of Energy 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 of environmental protection; P.A. 74-338 replaced Connecticut development commission with Connecticut development authority; Sec. I 9-507c transl'crrcd to Sec. 22a-173 in 1983; 

pursuant to P.A. 11-80, "Commissioner of Envirnnmcnlal Protection" wns changed cditorinl!y by the Rcvisors to "Commissioner 

of Energy nnd Environmental Protection", cffr:ctivc July I, 2011; pursuant to June 12 Sp. Scss. P.A. 12-1, "Connecticut Development Authority" was changed editorinlly by the Revisors lo "Connecticut Innovations, Incorporated", effective July l, 20 ! 2. 

Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissionc1' Regulations. 

fees. Exemptions. General permits. Appeal of com111issioner's action re permit applications. (a) 'fhe com1nissioner, in the 111anner provided in subdivision ( l) of section 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 of the state as are affected thereby, 

,vhich regulations shall be consistent with the federal Air Pollution Control Act 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 of the 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 

of facilitating the state's i1nplen1entation of 111ultistate air pollution control progra111s, for 

special studies, advice and assistance; to consult with and advise and exchange information 

vvith other departlnents or agencies of the state; and (2) serve on the board of directors 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 the power, in accordance with regulations adopted by 

hiln, (I) to require that a person, before undertaking the construction, installation, enlargetncnt or establish1nent of a new air contaminant source specified in the regulations adopted 

under subsection (a) of this section, sub1nit to him plans, specifications and such infonnation as he dee1ns reasonably necessary relating to the construction, installation, enlargcn1ent, or establish1nent of such new air contaminant source; (2) to issue a pennit approving 

such plans and specifications and pennitting the construction, installation, enlargetnent or 

establislunent of the 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 or establish111ent of a 

new air conta1ninant source in accordance with the plans and specifications submitted; (3) 

to require periodic inspection and 1naintenance of cornbustion 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 pennit to operate such source if the source (A) is subject to 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- I 78, or (E) violates any provision of this chapter, or any regulation, order or 

pennit adopted or issued thereunder; (6) to require that a person in control of an air contan1inant source who is not required to obtain a pennit pursuant to this subsection register 

\Vith hiln and provide such infonnation as he deems necessary to 1naintain his inventory 

of air pollution sources and the con11nissioner tnay require renewal of such registration at 
576 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 O l-549; (S) 

to refuse to issue a pern1it if the Environ1nental Protection Agency objects to its issuance 

in a tin1ely 1nanner under Title V of the federal Clean Air Act A1nend1nents of l 990; 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 aH applicable stan_dards set forth in the Code of Federal 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 of this chapter and section J 4-164c. 

(e) As used in this subsection, "contiguous" tneans abutting or adjoining \Vithout 

sideration of the actual or projected existence of roadways, 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 0f 

which any air pollutant is or n1ay be e1nittcd. 1'he con1n1issioner shall not require the sub~ 

1nission of plans and specifications under indirect source regulations adopted pursuant 

subdivisions (I) and (2) of subsection ( c) of this section for proposed construction 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- l 27 prior to October I, 1974, or tn 

a 1nodification of such plan, (2) the proposed construction is part of a contiguous, single' 

purpose or 1ntlltipurpose development or develop1nents and (3) site clearance or construe~ 

tion had cotn1nenced on a portion of the site of such devclop1nent or developments prior to 

October 1, 1974, nor shall the con1n1issioner issue any order pursuant to subdivision (l) of 

subsection (c) of this section pertaining to the enforce1nent of indirect source regulations 

with respect to such proposed construction within such redevelopn1ent areas and urban 

renewal projects. In the event that the 1nodification of any such plan after October 1, 1974; 

would result in the proposed construction generating substantially 1nore 1notor vehicle traf..i. 

fie than would have been generated prior to such modification, the subn1ission of plans and 

specifications shall be required for such proposed 1nodi-fication. The con1111issioner shall 

not require the renewal of an indirect source operating pennit issued in accordance with 

subsection (c) of this section unless such indirect source no longer confonns with plans}' 

specifications or other inforn1ation sub1nitted to said co1n1nissioner in accordance with said 

subsection ( c ). 

(t) 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 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 of brush in n1unicipa,!_, 

landfills, transfer stations and municipal recycling centers, provided a pennit for such burn/ 

ing is obtained from the fire 1narshal of the n1unicipality where the facility is located, e~;-

ccpt that no open burning of brush shall occur ( I) when national or state an1bient air qualif 

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 of the proposed burn; (4) wh 

there is an advisory from the con11nissioner of any air pollution episode; (5) where probi 

ited by an ordinance of the 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 of brush 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 of bru§ 

:center within ~ 

,--- demolition wa~ 

'burning of noqj 

fs conducted s~ 

911 such burni~ 

subsection shaJ 

of brush 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 of a.j 

i(h) The 4 

)ions of ch~ 

ph, sufficic~I 

iough the u~ 

rof such t~I 

·.conduct &i 

cified in £! 

~ection sill~ 

J:i.'1rtment ii 

ptionA-86,~ 

'till 

:;11 

\(J 
lOTECTJON 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 l 990; and 

r this chapter, to require that any source 

Act Amendments of 1990 shall comply 

e of Federal Regulat1ons, Title 40, Parts 

and 82, as an1ended fron1 tin1e to tin1e. 

ti powers necessary to carry out the pur1eans 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 of a contiguous, single 

nents and (3) site clearance or construch developn1ent or developn1ents prior to 

any order pursuant to subdivision (I) of 

brce1nent of indirect source regulations 

n such redevelop1nent areas and urban 

I of any such plan after October I, 1974, 

1g substantially 1nore 111otor vehicle traftodification, the sub111ission of plans and 

l 1nodification. The con11nissioner shall 

"ating pern1it issued in accordance with 

source no longer confonns with plans, 

d con1n1issioner in accordance with said 

1r~ing of brush on residential property, 

of the property or the agent of the resim the local open burning o111cial of the 

the open burning of brush in 111unicipal 

~enters, provided a pennit for such burnipality where the facility is located, ex1hen national or state a111bient air quality 

s health condition might be created; (3) 

d by the con1111issioner as extre111e and 

ed feet of the proposed bnrn; (4) where 

air pollution episode; (5) where prohibri the case of a 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 of the chief elected official of the 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 of brush at a 1nunicipal landfill, 1nunicipal transfer station or n1unicipal recycling 

center within a reasonable ti1ne 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 non processed 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 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 

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 saltwater n1arshes to forestall uncontrolled fires are not prohibited. Open burning 1nay 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 pennit: Fire-training exercises; 

eradication or control of insect infestations or disease; agricultural purposes; clearing vegetative debris following a natural disaster; and vegetative manage1nent or enhancen1cnt 

of wildlife 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 of the com1nissioner. Local 

burning officials no111inated for the purposes of this subsection shall be no111inated only 

by the chief execntive officer of the municipality in which the official will serve and shall 

be certified by the co111111issioner. The chief executive officer tnay revoke the nomination. 

The con1111issioner 111ay adopt regulations, in accordance with the provisions of chapter 54, 

governing open burning and n1ay authorize or prohibit open burning co_nsistent with this 

section. The regulations 1nay require the pay1nent of an 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 of chapter 54, the pay111ent of a pennit application fee sufficient to cover the reasonable costs of reviewing 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 pursuant to this section. Any person obtaining a pennit, pursuant to said 

regulations, for the construction or operation of a source of air pollution or for n1odification 

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 I, 1990. The commissioner shall require the 

pay111ent of a per111it application fee of two hundred dollars. 

(h) The comn1issioner ,nay require, by regulations adopted in accordance with the provisions of chapter 54, pay1nent 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 co111pound in the detection of leaks in such device, or the n1onitoring of such test, provided such fee may not exceed the average cost to the departn1ent for 

the conduct or 111onitoring of such tests plus ten per cent of such 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 of the 

Department of Energy and Environn1ental Protection in accordance with the provisions of 

section 4-86. 
578 ENV/RONJVIENTAL PROTECTION 

(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no inu~ 

niclpality shall be required to pay n1orc than filly per cent of any 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 Clean Air Act, as amended in 1990, 42 USC, Sections 740 I et seq., and as 

it 1nay be further atnended fro1n tin1c to tin1e. Any person conducting an activity for which 

a general pennit has been issued shall not be required to obtain an individual pennit under 

this section, except as provided in subdivision (5) of this 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 of operations 

or substances, (B) require the san1e types of pollution control equip1nent or other operating conditions, standards or lin1itations, and (C) require the san1e or sin1ilar 111onitoring, 

and which, in the opinion of the 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) 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 

pennit shall be subn1itted on fonns prescribed by the con11nissioner; application fonns 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 co1nmissioner shall prepare, 

and annually amend, a list of holders of general 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 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 com1nents thereon, and (iv) the right to a public hearing if, within the co1n111ent period, the con11nissioner 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 o-fthe 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 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, if one is held; (E) the commissioner shall publish notice of 

iany general pij 

or areas; i 

(c) of section i 

br suspend a gJ 

(3) Any gC:

pern1it coverirt'

tern1 of no 111oi

foderal Clean J 

(4) Notwit~ 

to H general pd

person who su

to the superior

have precedenq

(5) Subseq

person \Vhose 

an individual 

would better p

. 

s1oner n1ay req

limited to, the 

general pennit;

or practices fo

(C) circu1nstan

pern1itted activ

pora1y or pcnn

a relevant chan

the detenninati

tion, character 

require an indiv

ered by the gen

The notice sha

an application 

state1nent that 

on the effectiv

use best effort

to take action 

(6) The co

chapter 54, to 

(I) In any 

7661 a, the app

review of the 

accordance wi

(m) The c

111ix facility un

determines tha
fft\L PROTECTION 

subsections (g) and (h) of this section, no llll! 

ian filly per cent of any 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 740 I ct seq., and as 

te. Any person conducting an activity for which 

>e required to obtain an individual pennit under' 

sion (5) of this subsection. The general per111it 

1, whether or not requiring a permit under the 

ne or substantially sin1ilar types of operations..'i 

)f pollution 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 to judicial review under subdiand applications for approval under the general 

ed by the con1n1issioner; application fonns conM 

al Clean Air Act shall require that the applicant 

~d by that act. The co1nn1issioner shall prepare, 

1eral pennits under this 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 

I general permit, (iii) the opportunity to submit 

t to a public hearing H: within the con11nent peM 

;igned by at least twenty-five persons provided 

c hearing 1nay be exercised upon request ofan)' 

1ich is subject to provisions of the 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 of thirty days · · 

aragraph (A) of this 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 

-{\ of section 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 ?en era I pe~·n:it under this subsection _shall be issued .for a fixed tern:. A general 

_'_', ennit covering an activity regulated under the Jederal Clean Air Act 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 of this 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 of such pennit 

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 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 of the 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) The permittee is not in compliance with the conditions of the 

·-· :general pern1it; (B) a change has occurred in the availability of den1onstrated technology 

_Or practices for the control or abate1nent of pollution 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, or a tetnp.orary or pennanent reduction or elimination of the pern1itted activity is necessary; or (D) 

a relevant change has occurred in the applicability of the federal Clean Air Act. ln 1naking 

the detennination to require an individual pennit, the co1n111issioner 1nay consider the loca-

'tion, character and size of the source and any other relevant factors. The co1n1nissioner ,nay 

require an individual permit under this subdivision only if the person whose activity is cov-

·ered by the general pern1it has been notified in writing that an individual pennit is required. 

The notice shall include a brief statement of the 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 such person shall auto111atically tern1inate 

on the effective date of the individual permit. Such person shall forthwith apply for, and 

use best efforts to obtain, the individual penniL Any person 1nay petition the co1nmissioner 

to take action under this subdivision. 

(6) 'fhe con11nissioner n1ay adopt regulations, in accordance with the provisions of 

-~hapter 54, to carry out the purposes of this 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 obtain judicial 

,.review of the co1111nissioner's final action on such application 1nay appeal such action in 

-.· -~ccordance ,vith the provisions of section 4- l 83. 

(111) The con1n1issioner shall not issue a pennit for an asphalt batch plant or continuous 

inix facility under the provisions of this section until July I, 2004, unless the con11nissioner 

detcnnines that the issuance of the pennit will result in an i111provement of environtnental 
580 1:-:NVIRONMENT!\L PROTECTION Title 

perforn1ance of an 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 apply to applications for upgrading, replacing, consolidating or otherwise altering thi 

physical plant of an existing facility provided such upgrade, rcplacernent, consolidatio1

\ 

or alteration results in an in1prove1nent of environ1nental perfonnance or in reduced total 

en1issions of air 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; 8 l-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; 85-57 l, 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. l 7, ! 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. 0 l-9, S. 73, 13 l; June 30 Sp. Scss. P.A. 03-6, S. l 24, 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. l l-80, S. l; P.A. !4-122, S. 39.) 

History: ! 969 act required that regulations be consistent with federal net mu! qunli fy state and municipalities for fodcrnl aid 

changed eflCclivc date of regulations, 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 of lircmcn 's training centu instructors, gave commission power to 

administer oaths, take testimony nnd issue subpoenas nnd added Subsccs. (c) to ( c); l 97 ! act replaced "commission", i.e. clean 

uir commission, with "commissioner", i.e. commissioner of environmental 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 operating permit renewal be mandatory only 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- l 77 nddcd S11bscc. (g); P.A. 

81-127 nrncnded Subscc. (t) to add provisions re burning of brush in municipal land!Hls; P.A. 81-385 added Subscc. (h) allowing the commissioner to require payment ofa fee by the operator ofa somcc of air 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 of monitoring 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 

sulfur emission limits and requiring registration of sources not permitted, nnd substituted reference to Sec. !4- I 64c 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- l OOe; P.A. 85-515 added Subscc. (i) re amount or fees paid by municipnlilics; P.A. 85-57 ! mndc no changes; P.A. 87-

165 amended Subsec. (c) to require persons violating nil' JJOll ution control regulation.~ to obtu'm n permit; P.A. 88, l 22 amended 

Snbscc. (c) to authorize the commissioner of environmental protection to require that sources obtain a permit if they 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 after July[, 

1995, amended Subscc. (g) to require persons obtaining permits pursunnt to said subsection to pny n permit 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!ler July 1, 1992, added Subscc. U) re registration of sources of air pollution and added Subscc, (k) exempting residential 

property from foes; P.A. 90-247 amended Subsec. (e)(5)(E) to include a violation of this chapter, n violation of an 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 of nir pollution under the federnl Clean Air Act 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 of the commissioner's nctions re permit applications, effective July ! , 

l 993; P.A. 95-165 mnendcd Subsec. (1)(2) to provide for 11 public hc!lring on a general permit upon the request of any person iflhc 

permit regulates nn activity regulated under the federal Clean Air Act; 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 of nir pollutant per year; P.A. 96-64 amended Subscc. (t) to 

ndd provision re affect of subsection on 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 of certnin registrations under this section, effective Jtme 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 of municipal fire marshnl for open burning by persons on 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 permit the burning of nonproccssed wood for campfires and bonfires, to nllow Inca! open burning otlicials 

to issue permits for open burning on residential properly und for fire training, insect control, 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 or the commissioner, to authorize 

the commissioner to adopt regulations governing open burning, and to make conforming and technical chnnges, effective Mnrch 

30, 2000; June Sp. Sess. P.A. 00-l ;imcnded Snbscc. (n) to cxlcnd moratorium on issuance of permits from July !, 2000, to July I, 

200 l, effective June 2 l, 2000; P.A. 0 l-204 amended Subsec. (n) to extend moratorium on issunncc ofpennits from July l, 200 I, to 

July l, 2004, to add exception for commissioner's determination that permit issuance wil! result in improvement of cnviromnenta! 

performance, to provide that section shall not apply to the replacement ofnn existing facility, nnd to add provisions re upgrnde, 

rcph1ccment, consolidation or nlteration resulting in an improvement in environmental performance or in reduced totnl emissions 

of air pollutants, effective July l l, 2001; June Sp. Scss. P.A. 01-9 revised effective date of P.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