§ 556a. Operating permits

(a) Upon a date specified in the rules adopted by the Secretary to implement this section, it shall be unlawful for any person to operate an air contaminant source that has allowable emissions of more than 10 tons per year of all contaminants, excluding greenhouse gases, except in compliance with a permit issued by the Secretary under this section. The Secretary may require that air contaminant sources with allowable emissions of 10 tons or less per year obtain such a permit, upon determining that the toxicity and quantity of hazardous air contaminants emitted may adversely affect susceptible populations, or if deemed appropriate based on an evaluation of the requirements of the federal Clean Air Act.

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

(c) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

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

(e) A person may renew a permit issued under this section upon application to the Secretary for a fixed period of time, not to exceed five years. The Secretary shall not issue a permit renewal unless the applicant first demonstrates that the emissions from the subject source meet all applicable emission control requirements or are subject to, and in compliance with, an appropriate schedule of compliance.

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

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

(h) The Secretary may adopt, as a rule under 3 Vt. Stat. Ann. chapter 25, a general operating permit covering numerous similar sources.

(i) Failure of the Secretary to act on a permit application or a permit renewal application within 18 months after the date of receipt of a completed application shall be treated as a final permit action solely for purposes of obtaining judicial review of such action by the applicant, by any person who participated in the public comment process or by any other adversely affected person in order to compel the Secretary to act on such application without additional delay.

(j) Except in compliance with a permit issued by the Secretary under this section, it shall be unlawful for a person to operate an air contaminant source that has allowable emissions of greenhouse gases that equal or exceed any threshold established by the U.S. Environmental Protection Agency at or above which such emissions are subject to the requirements of subchapter V (permits) of 42 U.S.C. chapter 85 (air pollution prevention and control). Based on available emission control technologies or energy efficiency measures, or as otherwise appropriate to implement the provisions of this chapter, the Secretary may adopt rules to require air contaminant sources with allowable emissions below such threshold to obtain a permit under this section. (Added 1993, No. 92, § 4; amended 2009, No. 146 (Adj. Sess.), § F9, eff. May 7, 2010; 2015, No. 75 (Adj. Sess.), § 4; 2015, No. 150 (Adj. Sess.), § 7, eff. Jan. 1, 2018.)