Chapter 446c

Sec. 22a-170. (Formerly Sec. 19-505). Definitions. As used in this chapter, unless the context requires a different meaning: “Air pollution” means the presence in the outdoor atmosphere of one or more air pollutants or any combination thereof in such quantities and of such characteristics and duration as to be, or be likely to be, injurious to public welfare, to the health of human, plant or animal life, or to property, or as unreasonably to interfere with the enjoyment of life and property; “commissioner” means the Commissioner of Energy and Environmental Protection or any member of the Department of Energy and Environmental Protection or any local air pollution control official or agency authorized by him, acting singly or jointly, to whom he assigns any function arising under the provisions of this chapter or of any regulations adopted hereunder; “person” includes any individual, firm, partnership, association, syndicate, company, trust, corporation, limited liability company, municipality, agency or political or administrative subdivision of the state, and any other legal entity; “municipality” means any town, city or borough.

(1967, P.A. 754, S. 1; 1969, P.A. 758, S. 1; 1971, P.A. 872, S. 11; 1972, P.A. 45, S. 1; P.A. 93-428, S. 25, 39; P.A. 95-79, S. 98, 189; P.A. 11-80, S. 1.)

History: 1969 act defined “municipality”, replaced air pollution control commission with clean air commission and included municipalities in definition of “person”; 1971 act replaced commissioner and department of health with commissioner and department of environmental protection and deleted definition of “commission”; 1972 act included “local air pollution control official or agency” in definition of “commissioner”; Sec. 19-505 transferred to Sec. 22a-170 in 1983; P.A. 93-428 included state agencies and political or administrative subdivisions of the state within the definition of “person”, effective July 1, 1993; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.

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Sec. 22a-171. (Formerly Sec. 19-507). Duties of Commissioner of Energy and Environmental Protection. The commissioner shall (1) initiate and supervise programs for the purposes of determining the causes, effect and hazards of air pollution; (2) initiate and supervise state-wide programs of air pollution control education; (3) cooperate with and receive money from the federal government and, with the approval of the Governor, from any other public or private source; (4) adopt, amend, repeal and enforce regulations as provided in section 22a-174 and do any other act necessary to enforce the provisions of this chapter and section 14-164c; (5) advise and consult with agencies of the United States, agencies of the state, political subdivisions and industries and any other affected groups in furtherance of the purposes of this chapter.

(1967, P.A. 754, S. 3; 1969, P.A. 758, S. 3; 1971, P.A. 872, S. 12; P.A. 84-546, S. 132, 173.)

History: 1969 act made minor language changes; 1971 act replaced Subdiv. (d), substituting “adopt, amend and enforce regulations” for “enforce regulations adopted by the commission”; Sec. 19-507 transferred to Sec. 22a-171 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 84-546 made technical changes to section, replacing reference to Sec. 14-100c with reference to Sec. 14-164c.

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Sec. 22a-172. (Formerly Sec. 19-507a). Consultation by commissioner with other state officials. The Commissioner of Transportation and the Commissioner of Economic and Community Development shall consult with the commissioner on plans for the location of highways and for industrial development with respect to the effect of such plans on the incidence of air pollution in the state.

(1969, P.A. 758, S. 5; P.A. 77-614, S. 284, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-483, S. 83, 186; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)

History: P.A. 77-614 and P.A. 78-303 replaced commissioner of community affairs with commissioner of economic development, effective January 1, 1979; P.A. 80-483 deleted chairman of Connecticut development commission as consultant; Sec. 19-507a transferred to Sec. 22a-172 in 1983; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development.

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Sec. 22a-173. (Formerly Sec. 19-507c). Insured mortgage payments on new equipment used for air pollution control. Connecticut Innovations, Incorporated may, upon application of the proposed mortgagee, insure and make advance commitments to insure mortgage payments required by a first mortgage on new machinery, equipment and buildings for the primary purpose of reducing, controlling or eliminating air pollution, certified as approved for such purpose by the Commissioner of Energy and Environmental Protection, upon such terms and conditions as Connecticut Innovations, Incorporated may prescribe in accordance with the provisions of chapter 579.

(1969, P.A. 758, S. 21; 1971, P.A. 872, S. 15; P.A. 74-338, S. 49, 94; P.A. 11-80, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 152.)

History: 1971 act replaced clean air commission with commissioner of environmental protection; P.A. 74-338 replaced Connecticut development commission with Connecticut development authority; Sec. 19-507c transferred to Sec. 22a-173 in 1983; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; pursuant to June 12 Sp. Sess. P.A. 12-1, “Connecticut Development Authority” was changed editorially by the Revisors to “Connecticut Innovations, Incorporated”, effective July 1, 2012.

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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, 62, 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 saltwater 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-27u, 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 Energy and 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; June Sp. Sess. P.A. 09-3, S. 464; Sept. Sp. Sess. P.A. 09-8, S. 34; P.A. 11-80, S. 1; P.A. 14-122, S. 39; P.A. 22-143, S. 4.)

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; June Sp. Sess. P.A. 09-3 amended Subsec. (h) to delete “Except as specified in section 22a-27g”; Sept. Sp. Sess. P.A. 09-8 amended Subsec. (h) to add “Except as specified in section 22a-27u”, effective October 5, 2009; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (h), effective July 1, 2011; P.A. 14-122 made a technical change in Subsec. (f); P.A. 22-143 amended Subsec. (c)(9) to add reference to Part 62 of Title 40 of the Code of Federal Regulations, effective May 31, 2022.

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 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. 192 C. 591; 218 C. 821; 227 C. 545; 233 C. 486.

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Sec. 22a-174a. Annual fee. Schedule. Regulations. Section 22a-174a is repealed, effective May 21, 2004.

(P.A. 90-231, S. 21, 28; P.A. 91-369, S. 25, 36; P.A. 93-235, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 126; P.A. 04-151, S. 18.)

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Sec. 22a-174b. Internal performance evaluation program. Section 22a-174b is repealed.

(P.A. 90-150, S. 2; P.A. 95-218, S. 23.)

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Sec. 22a-174c. Modification, revocation and suspension of permits. Grounds. (a) The Commissioner of Energy and Environmental Protection may, upon a showing of cause, modify, revoke or suspend any permit issued under this chapter in accordance with the provisions of chapter 54. Grounds for such modification, revocation or suspension shall include, but not be limited to, a violation of any provision of this chapter, including a violation of any regulation, permit or order adopted or issued thereunder, any unauthorized alteration to the source of air pollution after the issuance of a permit, a determination that the source, either alone or in combination with another source, endangers public health, safety or welfare or the environment, or misrepresentation of facts by the holder of the permit at any time.

(b) The remedies provided in this section shall be in addition to any others available to the commissioner.

(P.A. 90-150, S. 4; P.A. 11-80, S. 1.)

History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.

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Sec. 22a-174d. Planting of trees or turf grass as condition of permit. Regulations. The Commissioner of Energy and Environmental Protection may require as a condition of a permit issued under section 22a-174 or 22a-183 that the applicant provide for the planting of trees or turf grass to offset carbon dioxide emitted into the atmosphere from the air contaminant source. The commissioner may require such planting in this state or elsewhere based on the amount of carbon dioxide emitted. The commissioner may adopt regulations to provide criteria or guidance for such planting. Such regulations (1) need not require a complete offset of emissions, (2) may require the planting of trees or turf grass only for certain types or sizes of sources, and (3) may require the planting of trees or turf grass in Connecticut, where feasible and appropriate.

(P.A. 90-219, S. 6; P.A. 95-218, S. 1; P.A. 11-80, S. 1.)

History: P.A. 95-218 added a provision re planting of trees or grass on the basis of the amount of carbon dioxide emitted, made adoption of regulations discretionary instead of mandatory and allowed such planting outside this state; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-174e. Decommissioning of stage II vapor recovery systems. Pressure decay test of stage I vapor recovery systems. Placement of disabling device. (a) As used in this section:

(1) “Decommission” means to render inoperable an operational stage II vapor recovery system by (A) permanently disconnecting all above-ground stage II vapor recovery equipment, and (B) sealing all above-ground and below-ground vapor or liquid paths that may release to the ambient air. Decommission does not require removal of below-ground stage II vapor recovery equipment;

(2) “Gasoline dispensing facility” means any site where gasoline is transferred to a motor vehicle from any stationary storage tank with a capacity of two hundred fifty gallons or more;

(3) “Pressure decay test” means an integrity test of the ullage portion of a gasoline storage system, during which such storage system is pressurized, pressure changes are monitored for a specified period of time and the final pressure is compared to an allowable value;

(4) “Stage I vapor recovery system” means a vapor recovery system that prevents the discharge to the ambient air of gasoline vapors while gasoline is transferred between a delivery vehicle and a gasoline dispensing facility; and

(5) “Stage II vapor recovery system” or “stage II vapor recovery equipment” means a vapor recovery system that prevents the discharge to the ambient air of gasoline vapors displaced during the dispensing of gasoline into a motor vehicle fuel tank.

(b) On or before July 1, 2015, the owner of any gasoline dispensing facility shall decommission any installed stage II vapor recovery equipment in accordance with subsection (c) of this section, notwithstanding any requirements in the regulations of Connecticut state agencies adopted by the Department of Energy and Environmental Protection pertaining to stage II vapor recovery systems. On or after June 18, 2013, no owner of any gasoline dispensing facility shall install a stage II vapor recovery system.

(c) Decommissioning of a stage II vapor recovery system shall: (1) Begin after such owner has notified the commissioner of the intent to decommission; (2) be performed in accordance with Section 14 of the 2009 “Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Refueling Sites” of the Petroleum Equipment Institute; and (3) be completed within one hundred days from initiation, unless the Commissioner of Energy and Environmental Protection grants an extension of time for good cause after a request for such extension by the owner of a gasoline dispensing facility. Such notification shall be made at least thirty days prior to decommissioning on a form prescribed by the commissioner.

(d) The owner of any gasoline dispensing facility with a stage I vapor recovery system annually shall perform a pressure decay test of such system. Such owner shall notify the Commissioner of Energy and Environmental Protection at least seven business days prior to a scheduled test on a form prescribed by the commissioner.

(e) (1) If the Commissioner of Energy and Environmental Protection determines that (A) the owner or operator of any gasoline dispensing facility with a stage I vapor recovery system failed to perform the annual pressure decay test of such vapor recovery system, as prescribed in subsection (d) of this section, or (B) a stage I vapor recovery system is not operating in accordance with regulations adopted pursuant to this chapter, the Commissioner of Energy and Environmental Protection may prevent the use of such system by placing a disabling device onto the dispenser of a gasoline dispensing facility, provided the commissioner shall give the owner or operator of any gasoline dispensing facility with a stage I vapor recovery system that is not operating in accordance with regulations adopted pursuant to this chapter forty-eight hours' notice prior to placing such disabling device onto the dispenser of a gasoline dispensing facility. Except for the purpose of fully correcting any such violation, as described in subdivision (3) of this subsection, no person or municipality shall remove, alter, deface or tamper with any disabling device placed onto the dispenser of a gasoline dispensing facility by the commissioner pursuant to this subdivision.

(2) Not later than two business days after placing a disabling device onto the dispenser of a gasoline dispensing facility pursuant to subdivision (1) of this subsection, the commissioner shall provide the owner or operator of the affected gasoline dispensing facility with an opportunity for a hearing. Any such hearing shall be limited to a determination of whether any of the violations for which the commissioner took action pursuant to subdivision (1) of this subsection occurred and whether any such violation is continuing.

(3) A gasoline dispensing facility's dispenser upon which a disabling device is placed pursuant to subdivision (1) of this subsection shall not be put back into service and shall not be used for dispensing gasoline until each of the violations that caused the disabling device to be placed upon such dispenser is fully corrected to the satisfaction of the commissioner. Not later than twenty-four hours after receipt of notification by the owner or operator of such gasoline dispensing facility that each violation was fully corrected, the commissioner shall determine whether each such violation was fully corrected.

(4) The owner or operator of a gasoline dispensing facility with a violation described in subdivision (1) of this subsection may return such system to service if the commissioner determines that each violation was fully corrected or the owner or operator provides the commissioner with a written affidavit, as described in subdivision (5) of this subsection. The commissioner shall review the corrective actions specified in such affidavit on the day such system is returned to service or the next business day, in the event such day is a Saturday, Sunday or legal holiday.

(5) Any affidavit submitted to the commissioner pursuant to subdivision (4) of this subsection shall fully describe all actions taken to fully correct each of the violations that caused a disabling device to be placed upon such system by the commissioner and shall certify that each such violation was fully corrected before such system was returned to service.

(P.A. 91-332; P.A. 93-312, S. 4, 7; P.A. 99-225, S. 11; P.A. 11-80, S. 1; P.A. 13-120, S. 1; P.A. 15-160, S. 1.)

History: P.A. 93-312 extended coverage, after July 1, 1993, to facilities which dispense 1,000 gallons of gasoline per month and existing facilities which replace tanks with capacity of 1,000 gallons or more and broadened authority of commissioner re required equipment in vapor recovery systems, effective June 9, 1993; P.A. 99-225 added a provision authorizing regulations regarding annual testing of vapor recovery equipment in accordance with methods approved by the California Air Resources Board; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-120 replaced former provisions with Subsec. (a) defining “decommission”, “gasoline dispensing facility”, “pressure decay test”, “stage I vapor recovery system” and “stage II vapor recovery system”, Subsec. (b) re decommissioning stage II vapor recovery systems, Subsec. (c) re requirements for decommissioning and Subsec. (d) re pressure decay test of stage I vapor recovery systems, effective June 18, 2013; P.A. 15-160 added Subsec. (e) re placement of disabling device, effective July 1, 2015.

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Sec. 22a-174f. Market-based programs to achieve air quality standards. Regulations. The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to provide for market-based programs to achieve attainment of the National Ambient Air Quality Standards established by the United States Environmental Protection Agency under the federal Clean Air Act. Such programs may include, without limitation, marketable permits and emission reduction credits.

(P.A. 93-235, S. 2; P.A. 11-80, S. 1.)

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Sec. 22a-174g. California motor vehicle emissions standards. (a) On or before December 31, 2004, the Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to implement the light duty motor vehicle emission standards of the state of California, and shall amend such regulations from time to time, in accordance with changes in said standards. Such regulations shall be applicable to motor vehicles with a model year 2008 and later. Such regulations may incorporate by reference the California motor vehicle emission standards set forth in final regulations issued by the California Air Resources Board pursuant to Title 13 of the California Code of Regulations and promulgated under the authority of Division 26 of the California Health and Safety Code, as may be amended from time to time. Nothing in this section shall limit the commissioner's authority to regulate motor vehicle emissions for any other class of vehicle.

(b) As part of the state's implementation plan under the federal Clean Air Act, the Commissioner of Energy and Environmental Protection may establish a program to allow the sale, purchase and use of motor vehicles which comply with any regulations adopted by the commissioner which implement the California motor vehicles emissions standards for purposes of generating any emission reduction credits under said act. Nothing in this section shall prohibit the Commissioner of Energy and Environmental Protection from establishing a program to require the sale, purchase and use of motor vehicles which comply with any regulations adopted by the commissioner which implement the California motor vehicle emissions standards.

(c) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the medium and heavy-duty motor vehicle standards of the state of California. If the commissioner adopts such regulations, the commissioner shall amend such regulations from time to time, in accordance with changes to such standards. Such regulations may incorporate by reference the California motor vehicle standards established in final regulations issued by the California Air Resources Board pursuant to Title 13 of the California Code of Regulations and promulgated under the authority of Division 26 of the California Health and Safety Code, as may be amended from time to time.

(P.A. 93-312, S. 2, 7; P.A. 03-218, S. 10; P.A. 04-84, S. 1; P.A. 11-80, S. 1; P.A. 22-25, S. 15.)

History: P.A. 93-312 effective July 1, 1993; P.A. 03-218 added provision re incorporation by reference of the California motor vehicle emission standards, effective July 1, 2003; P.A. 04-84 designated existing provisions as Subsec. (b), added new Subsec. (a) re implementation of California light duty motor vehicle emission standards, and moved existing provision re incorporation of California standards by reference to new Subsec. (a); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 22-25 added Subsec. (c) re implementation of California medium and heavy-duty motor vehicle standards, effective July 1, 2022.

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Sec. 22a-174h. High-emissions motor vehicles scrappage program. The Commissioner of Energy and Environmental Protection may develop a program to acquire from Connecticut residents, and to remove from highway use, motor vehicles which are not in compliance with state motor vehicle emissions standards or which are otherwise determined by the commissioner to be high-emission vehicles the removal of which would provide a cost-effective benefit with regard to the state's air quality. Such program shall not apply to any vehicle registered as an antique, rare or special interest vehicle under section 14-20. On or before February 1, 1994, the commissioner shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment as to the most cost-effective design and specifications for such program and any methods for funding such program.

(P.A. 93-312, S. 3, 7; P.A. 11-80, S. 1.)

History: P.A. 93-312 effective July 1, 1993; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-174i. Mobile emissions reduction credit programs for vehicle conversions. Any program adopted by the Commissioner of Energy and Environmental Protection providing for mobile emissions reduction credits shall allow credit for emission reductions achieved by vehicle conversions eligible for such tax credit even if the conversion took place before the credit program began.

(P.A. 94-170, S. 4, 5; P.A. 11-80, S. 1.)

History: P.A. 94-170 effective July 1, 1994; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-174j. Emissions performance standards applicable to emissions caused by electricity generation. Regulations. Not later than May 1, 2006, the Public Utilities Regulatory Authority shall complete an investigation of the potential impact on electric reliability and electric rates created by promulgation of the regulations under this section. If such investigation concludes that there is no negative impact on such reliability and rates, not later than July 1, 2006, the Commissioner of Energy and Environmental Protection shall, in conjunction with the Public Utilities Regulatory Authority and by regulations adopted in accordance with chapter 54, establish uniform emissions performance standards to regulate emissions to the air from the generation of electricity supplied to end use customers in this state. Such performance standards shall, to the greatest extent possible, be designed to improve air quality in this state and to further the attainment of the National Ambient Air Quality Standards promulgated by the United States Environmental Protection Agency. Such performance standards shall apply to emissions caused by electricity generation in any location in North America used to supply end use customers in this state, shall limit emissions to levels consistent with those permitted from technically similar generators located in this state and shall limit the amount of air pollutants, including, but not limited to, nitrogen oxides, sulfur oxides and carbon dioxide emitted per megawatt hour of electricity produced. Such performance standards may provide for a program for purchase of offsetting reductions in emissions and trading of emission credits.

(P.A. 98-28, S. 24, 117; P.A. 05-227, S. 2; P.A. 11-80, S. 1.)

History: P.A. 98-28 effective July 1, 1998; P.A. 05-227 added requirement for Department of Public Utility Control to complete an investigation, changed the deadline for adopting regulations from January 1, 1999, to July 1, 2006, reworded language re performance standards and their applicability, deleted carbon monoxide and mercury from list of limited air pollutants, and deleted provision that made effectiveness of standards contingent on other states; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011 (Revisor's note: “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority” to conform with changes made by P.A. 11-80).

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Sec. 22a-174k. Outdoor wood-burning furnaces. (a) For purposes of this section, “outdoor wood-burning furnace” means an accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or jacuzzi water. “Outdoor wood-burning furnace” does not include a fire pit, wood-fired barbecue or chiminea.

(b) On and after July 8, 2005, no person shall construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless (1) the outdoor wood-burning furnace was constructed, installed, established, modified, operated or in use prior to July 8, 2005, or (2) the outdoor wood-burning furnace complies with the following:

(A) Installation of the outdoor wood-burning furnace is not less than two hundred feet from the nearest residence not serviced by the outdoor wood-burning furnace;

(B) Installation of the chimney of the outdoor wood-burning furnace is at a height that is more than the height of the roof peaks of the residences that are located within five hundred feet of the outdoor wood-burning furnace, which residences are not serviced by the outdoor wood-burning furnace, provided the chimney height is not more than fifty-five feet; and

(C) Installation and operation of the outdoor wood-burning furnace is in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this section.

(c) On and after June 6, 2014, no person shall burn any material in any outdoor wood-burning furnace other than wood that is not chemically treated.

(d) The provisions of this section shall be enforced by the Commissioner of Energy and Environmental Protection and may be enforced by the municipality affected by the operation or potential operation of an outdoor wood-burning furnace.

(e) Any person who operates an outdoor wood-burning furnace in violation of this section shall be deemed to have committed an infraction and shall be fined not more than ninety dollars. Each day of operation of such outdoor wood-burning furnace in violation of this section shall be a separate violation.

(P.A. 05-227, S. 1; P.A. 11-80, S. 1; P.A. 14-92, S. 1.)

History: P.A. 05-227 effective July 8, 2005; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (c), effective July 1, 2011; P.A. 14-92 amended Subsec. (b) by replacing provision re effective date of regulations promulgated by the United States Environmental Protection Agency with “On and after July 8, 2005, no person shall”, deleting former Subpara. (C) re prohibition on burning materials other than wood that has not been chemically treated and redesignating existing Subpara. (D) as Subpara. (C), added new Subsec. (c) re prohibition on burning any material other than wood that is not chemically treated and redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), effective June 6, 2014.

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(P.A. 07-242, S. 102; P.A. 10-64, S. 6; P.A. 11-80, S. 1, 61; P.A. 13-209, S. 20.)

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Sec. 22a-175. (Formerly Sec. 19-508a). Penalties for violations. Penalties for false statements. (a) Any person who knowingly or with criminal negligence violates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder except for a violation of subsection (b) of this section, shall be fined not more than twenty-five thousand dollars per day for each day of violation or be imprisoned not more than one year, or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years, or both.

(b) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any regulation, order or permit adopted or issued thereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of this chapter, or any regulation, order or permit adopted or issued thereunder, shall, upon conviction, be fined not more than ten thousand dollars for each violation or imprisoned not more than six months for each violation, or both.

(1972, P.A. 103, S. 1; P.A. 76-232, S. 2, 3; P.A. 87-338, S. 2, 11; P.A. 90-247, S. 4; P.A. 95-165, S. 2.)

History: 1972 act replaced previous provisions re grants to municipalities for reduction, control or elimination of waste disposal or air pollution (Revisor's note: The 1972 act was codified as Sec. 19-508a which statutory number had previously been assigned to 1969, P.A. 751, S. 9 in the 1969 supplement to the general statutes. The 1969 act was then transferred to Sec. 19-424m); P.A. 76-232 deleted option of three-month imprisonment for penalty and imposed $50 maximum penalty for first offense and $200 penalty for subsequent violations, replacing $100 maximum penalty previously applicable in all cases under Subsec. (a); Sec. 19-508a transferred to Sec. 22a-175 in 1983; P.A. 87-338 applied provisions of Subsec. (b) to any violation of Sec. 22a-178 or regulation adopted thereunder and deleted reference to burning in open air in Subsec. (a); P.A. 90-247 amended Subsec. (a) to apply penalties to violations of the chapter, orders or permits, increased the penalties from not more than $50,000, added provision re imprisonment and increased penalty for subsequent convictions, and amended Subsec. (b) by deleting all existing provisions and establishing a penalty for false statements; P.A. 95-165 amended Subsec. (a) to provide for a criminal penalty in the case of knowing violations instead of wilful violations and to make an exception for violations penalized under Subsec. (b).

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Sec. 22a-176. (Formerly Sec. 19-510). Consideration in making regulations and issuing orders. The commissioner in making regulations and issuing orders and in enforcing the provisions of this chapter shall take into consideration all of the facts and circumstances bearing on the reasonableness of the activity involved and the regulations proposed to control it, including: (1) The character and degree of injury to, or interference with, safety, health or the reasonable use of property which is caused or threatened to be caused; (2) the social and economic value of the activity involved; (3) the suitability or unsuitability of such activity to the area in which it is located; and (4) the practicability, both scientific and economic, of reducing or eliminating the discharge resulting from such activity. In all cases the commissioner shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the residents of the area involved and to any lawful business, occupation or activity involved resulting from requiring compliance with the specific requirements of any order or regulation. Any regulations adopted by the commissioner pursuant to sections 22a-191 and 22a-231 shall take into consideration the evaluation of the health risks of dioxins and furans developed by the Commissioner of Public Health pursuant to section 22a-192.

(1967, P.A. 754, S. 5; 1971, P.A. 872, S. 19; P.A. 86-332, S. 8, 20; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

History: 1971 act deleted references to repealed clean air commission; Sec. 19-510 transferred to Sec. 22a-176 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 86-332 added provision requiring that regulations take into consideration the evaluation of health risks of dioxins and furans; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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Sec. 22a-177. (Formerly Sec. 19-513a). Enforcement of regulations. Complaints. The commissioner shall enforce all regulations adopted by him. The commissioner, in the case of any written complaint or upon his own initiative, shall have the power to enter and inspect any building or place, except a private residence, for the purpose of investigating sources of air pollution and ascertaining compliance with any such regulation. The commissioner may apply to any court having criminal jurisdiction over such building or place, for a warrant to inspect such premises to determine compliance with such regulations or sources of air pollution. All information gained by such inspection shall be kept confidential except as it relates directly to air pollution. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing air pollution.

(1969, P.A. 758, S. 7; 1971, P.A. 872, S. 21; P.A. 73-537, S. 1, 3.)

History: 1971 act deleted references to regulations of the commission, i.e. clean air commission; P.A. 73-537 deleted provision calling upon commissioner to eliminate air pollution sources by “conference, conciliation and persuasion”; Sec. 19-513a transferred to Sec. 22a-177 in 1983.

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Sec. 22a-178. (Formerly Sec. 19-514). Orders to correct violations. Hearings. Modification and extension. Orders to owners. Joint and several liability. Filing of certified copy or notice on land records. Orders to investigate. (a) If the commissioner finds that any person has violated any provision of this chapter, or any regulation, order, or permit adopted or issued thereunder, he may issue a written order against the person alleged to be committing such violation and shall cause a true copy thereof to be served upon such person by certified mail with return receipt requested or by a state marshal or indifferent person, and the original thereof, with a return of such service endorsed thereon, shall be filed with the commissioner. Such order shall specify the nature of the violation and specify a reasonable period of time within which such person shall take such measures as will correct or remedy any such violation.

(b) If the commissioner finds that (1) a violation of a regulation or the terms or conditions of a permit issued pursuant to section 22a-174 exists and (2) the person alleged to be committing such violation has received written notification of two violations in the preceding one-year period, the commissioner shall require an emission test of the air contaminant source at the expense of the source. If the results of such test indicate noncompliance with a regulation or the terms or conditions of a permit, the commissioner shall issue an order requiring pollution abatement.

(c) Unless such person files a written answer thereto within thirty days after the date of service and requests a hearing thereon before the commissioner, an order issued pursuant to this section shall be final and not subject to appeal to the commissioner. Upon receipt of such request, the commissioner shall grant a hearing as soon thereafter as is practicable. The testimony at the hearing shall be under oath and recorded stenographically or by a sound-recording device, but the parties shall not be bound by the strict rules of evidence in courts of law at such hearing. True copies of the transcript and of any other record made of or at such hearing shall be furnished to the respondent at his request and at his expense.

(d) After the hearing, the commissioner shall consider all the evidence and affirm, modify or revoke the order in his discretion. By agreement of the commissioner and the person or persons subject to the order, the commissioner may, after the hearing or at any time after the issuance of the order, modify such order or extend the time for compliance set forth in the order, and any such modification or extension by agreement shall be deemed to be a revision of the order and shall not constitute a new order. There shall be no hearing subsequent to, or any appeal from, any modification or extension by agreement.

(e) Whenever the commissioner issues an order to any person to correct a violation and such person is not the owner of the land at which the violation occurred or exists, the commissioner may issue an order to the owner of such land to correct such violation. Such an order shall be sent by certified mail, return receipt requested, to the owner at his last-known post-office address, with a notice that such order shall be filed on the land records in which the land is located. Any owner to whom such an order is issued shall have all the rights and privileges provided by this chapter and section 4-183 and shall be subject to section 22a-182a.

(f) If the commissioner issues an order under this chapter to two or more persons, including a landowner and the person causing the pollution or creating or maintaining the potential air pollution source, each such person shall be jointly and severally liable.

(g) When an order issued by the commissioner to any person pursuant to this chapter becomes final, except for an order to create or use emission reduction credits, the commissioner shall cause a certified copy or notice of the final order to be filed on the land records in the town where the subject property is located, and such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order has been fully complied with or revoked, the commissioner shall issue a notice showing such compliance or revocation, which the commissioner shall cause to be recorded on the land records in the town wherein the order was previously recorded.

(h) If the commissioner has reasonable cause to believe, based on department investigation, test data or other credible information, that any person has violated or is about to violate any provision of this chapter, or any regulation, order, or permit adopted or issued thereunder, he may issue an order to such person to investigate, by monitoring, production of records, or any other means, the source of air pollution. Such order may also require that if the investigation determines there is or has been a violation of any provision of this chapter, or any regulation, order, or permit adopted or issued thereunder, the respondent shall correct such violation. An order issued under this subsection shall be subject to subsections (a) to (f), inclusive, of this section.

(1967, P.A. 754, S. 9; 1969, P.A. 758, S. 8; 1971, P.A. 872, S. 22; 1972, P.A. 103, S. 2; P.A. 73-537, S. 2, 3; P.A. 75-160, S. 1, 2; P.A. 77-44; P.A. 87-338, S. 3, 11; P.A. 90-150, S. 3; 90-247, S. 2; P.A. 99-225, S. 1; P.A. 00-99, S. 64, 154; P.A. 04-151, S. 2; P.A. 05-288, S. 101; P.A. 06-76, S. 2.)

History: 1969 act required that order specify nature of violation in Subsec. (a) and added provision in Subsec. (b) re request for hearing and required that such request be a condition precedent to taking appeal; 1971 act replaced “commission”, i.e. clean air commission, with “commissioner”, i.e. commissioner of environmental protection; 1972 act excluded violations specified in Sec. 19-508a; P.A. 73-537 deleted clause which limited issuance of order to cases where conference, conciliation etc. failed to remedy violations and deleted exclusion for violations specified in Sec. 19-508a; P.A. 75-160 allowed notification “by certified mail with return receipt requested” in Subsec. (a); P.A. 77-44 added Subsec. (c); Sec. 19-514 transferred to Sec. 22a-178 in 1983; P.A. 87-338 amended Subsec. (a) to apply provisions to violations of the terms or conditions of a permit and to make issuance of an order discretionary rather than mandatory and amended Subsec. (b) to make orders final unless a written answer is filed to the order within 30 days, deleting requirement that request for a hearing is precedent to taking appeal under Sec. 22a-182; P.A. 90-150 inserted new Subsec. (b) re requiring emission test if source has two violations in the preceding one-year period, made technical change in Subsec. (c), and relettered the remaining Subsecs.; P.A. 90-247 amended Subsec. (a) to apply provisions to violations of this chapter andviolations of an order, deleted the provision allowing a person to request a hearing upon an order concerning plans and specifications, added Subsec. (c) re modification of orders and extensions of time, Subsec. (d) re the issuance of orders to owners of the land at which the violation occurred, Subsec. (e) re joint and several liability and Subsec. (g) re orders to potential violators, and relettered Subsec. (c) as Subsec. (f); P.A. 99-225 amended Subsec. (g) to provide that final orders issued under this section shall be recorded by the commissioner on land records; P.A. 00-99 replaced reference to sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 04-151 amended Subsec. (g) to require the respondent, rather than the commissioner, to file order, to add exception for an order to create or use emission reduction credits, to require the recipient, rather than the commissioner, to file certificate, to add provisions re where the respondent and recipient do not own the subject property, and to add requirement re submission of a certified copy, effective May 21, 2004; P.A. 05-288 made a technical change in Subsec. (g), effective July 13, 2005; P.A. 06-76 amended Subsec. (g) to require commissioner, rather than respondent, to perform required filing and to make conforming changes.

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Sec. 22a-179. (Formerly Sec. 19-515). Application of Uniform Trade Secrets Act. Whenever the commissioner issues an order to any person to correct a violation of any provision of this chapter, or any regulation, order or permit adopted or issued thereunder, the provisions of chapter 625 shall apply during the pendency of any proceeding arising therefrom. Any information as to secret processes or methods shall be kept confidential.

(1967, P.A. 754, S. 10; 1971, P.A. 872, S. 23; P.A. 90-247, S. 6.)

History: 1971 act replaced “commission”, i.e. clean air commission, with “commissioner”, i.e. commissioner of environmental protection; Sec. 19-515 transferred to Sec. 22a-179 in 1983; P.A. 90-247 deleted existing provisions re action on orders after hearing and replaced it with provision re application of uniform trade secrets act.

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Sec. 22a-180. (Formerly Sec. 19-516). Penalty for violations of orders. Injunctions. Joint and several liability. (a) In addition to those penalties provided by section 22a-175, any person who violates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder may be assessed a civil penalty by the court not to exceed twenty-five thousand dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day of continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Energy and Environmental Protection may request the Attorney General to bring a civil action in the superior court for the judicial district of Hartford to have such assessment imposed by the court. In addition, the commissioner may request the Attorney General to institute a civil action in the superior court for the judicial district of Hartford for injunctive relief to restrain any further violation of any provision of this chapter, or any regulation, order or permit adopted or issued thereunder. The superior court shall grant such relief upon notice and hearing. If two or more persons are responsible for a violation of any provision of this chapter, or any regulation, order or permit adopted or issued thereunder, such persons shall be jointly and severally liable.

(b) In addition to those penalties provided by section 22a-175 and subsection (a) of this section, if any person fails to comply with any corrective provision of an order within six months of the date prescribed for the corrective provision of the order issued pursuant to the provisions of this chapter and (1) no request from such person for a hearing on such order or appeal therefrom is pending at the end of such six-month period, (2) the time for making such request or taking such appeal has expired, and (3) the commissioner determines that such noncompliance is not due to factors beyond the control of such person, the commissioner shall request the Attorney General to bring an action in the superior court for the judicial district of Hartford for injunctive relief to restrain any further violation of the order and to secure compliance with the order or any part thereof. During the pendency of any action brought pursuant to this subsection, the commissioner shall pursue any administrative measure available to obtain compliance.

(1967, P.A. 754, S. 11; 1969, P.A. 758, S. 9; 1971, P.A. 872, S. 24; 1972, P.A. 103, S. 3; P.A. 78-280, S. 2, 127; P.A. 87-338, S. 4, 11; P.A. 88-230, S. 1, 12; 88-364, S. 38, 123; P.A. 90-98, S. 1, 2; 90-150, S. 1; 90-247, S. 3; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 11-80, S. 1.)

History: 1969 act increased maximum penalty from $500 to $1,000 and removed clause which allowed institution of civil action only if preventative or corrective measures are not taken; 1971 act replaced “commission”, i.e. clean air commission, with “commissioner”, i.e. commissioner of environmental protection; 1972 act allowed imposition of penalty “in addition to those penalties provided by Sec. 19-508a”; P.A. 78-280 replaced “county” with “judicial district”; Sec. 19-516 transferred to Sec. 22a-180 in 1983; P.A. 87-338 amended the section by changing the amount of the penalty from $5,000 per week to $1,000 per day and authorizing the commissioner of environmental protection to request the attorney general to bring an action for imposition of the penalty; P.A. 88-230 replaced “judicial district of Hartford-New Britain at Hartford” with “judicial district of Hartford”, effective September 1, 1991; P.A. 88-364 made technical changes; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-150 added Subsec. (b) re mandatory referral of certain matters to the attorney general for the purpose of obtaining injunctive relief; P.A. 90-247 provided that penalties apply to violations of regulations and permits, increased the penalty from a maximum of $1,000 to a maximum of $25,000 and added provision re joint and several liability; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.

Cited. 227 C. 545.

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Sec. 22a-181. (Formerly Sec. 19-517). Emergency action. Notwithstanding the provisions of this chapter or any other provisions of law, if the commissioner finds that an air pollution emergency exists caused by adverse meteorological conditions, such as an inversion or a stagnant high pressure system, which requires immediate action to protect the public health or safety, he may order any person causing air pollution to reduce or discontinue air pollution immediately. If under any circumstances the commissioner finds any person is causing air pollution to such an extent as to require immediate action to protect the public health or safety, he may order such person to reduce or discontinue the air pollution immediately. Upon the issuance of any such order, the commissioner shall fix a place and time, not later than forty-eight hours thereafter, for a hearing to be held before him. Not more than twenty-four hours after the conclusion of such hearing, and without adjournment thereof, the commissioner shall affirm, modify or set aside his order.

(1967, P.A. 754, S. 12; 1971, P.A. 872, S. 25; 1972, P.A. 103, S. 4.)

History: 1971 act replaced “commission”, i.e. clean air commission, with “commissioner”, i.e. commissioner of environmental protection; 1972 act reworded provision re immediate action for protection of public health or safety; Sec. 19-517 transferred to Sec. 22a-181 in 1983.

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Sec. 22a-182. (Formerly Sec. 19-518). Appeals. Exceptions. Section 22a-182 is repealed.

(1967, P.A. 754, S. 13; 1969, P.A. 758, S. 10; 1971, P.A. 870, S. 53; 872, S. 26; 1972, P.A. 103, S. 5; P.A. 73-665, S. 6, 17; P.A. 74-183, S. 235, 291; P.A. 76-436, S. 204, 681; P.A. 77-603, S. 56, 125; P.A. 78-280, S. 1, 127; June Sp. Sess. P.A. 83-29, S. 25, 82; P.A. 87-338, S. 10, 11.)

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Sec. 22a-182a. Appeals from decisions in contested cases. Notwithstanding the provisions of section 4-183, any appeal by a person aggrieved by a final decision of the Commissioner of Energy and Environmental Protection made in a contested case under the provisions of this chapter shall be brought in the superior court for the judicial district of New Britain.

(P.A. 87-338, S. 7, 11; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 99-215, S. 24, 29; P.A. 11-80, S. 1.)

History: P.A. 88-230 replaced “judicial district of Hartford-New Britain at Hartford” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced “judicial district of Hartford” with “judicial district of New Britain”, effective June 29, 1999; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-183. (Formerly Sec. 19-519). Permit for exemption from regulations. (a) Any person who owns or is in control of any plant, building, structure, process or equipment may apply to the commissioner for a permit granting an exemption or partial exemption from regulations issued pursuant to this chapter governing the quality, nature, duration or extent of discharges of air pollutants. The application shall be accompanied by, or the applicant shall furnish, such information and data as the commissioner may require. The commissioner may grant such permit if he finds that the discharges occurring or proposed to occur do not constitute a danger to public health or safety, and compliance with the regulations from which exemption is sought would produce substantial practical difficulty or hardship without equal or greater benefits to the public.

(b) No permit shall be granted pursuant to this section (1) except after a public hearing held by the commissioner, (2) until the commissioner has considered the relative interests of the applicant, owners of other property likely to be affected by the discharges, and the general public, as specified in section 22a-176, and (3) unless the commissioner has determined whether the source, either alone or in combination with another source, if granted such permit, endangers public health, safety or welfare or the environment.

(c) The exemption or partial exemption granted by any permit pursuant to this section shall be limited in duration to no more than five years. The Commissioner of Energy and Environmental Protection may, upon further application pursuant to this section, grant further exemption or partial exemption from the regulations adopted under this chapter for additional periods of not more than five years' duration.

(d) For any application for a permit under this chapter pending before the commissioner on June 1, 1998, for which the commissioner has not published notice of his tentative determination on the application, if the commissioner determines that compliance by an applicant with the requirements of section 22a-6l is necessary to more adequately apprise the public or abutting landowners of the proposed activity, the commissioner may require compliance with such section.

(1967, P.A. 754, S. 14; 1969, P.A. 758, S. 11; 1971, P.A. 872, S. 27; P.A. 98-216, S. 3, 5; P.A. 11-80, S. 1.)

History: 1969 act substituted Sec. 19-510 for repealed Sec. 19-509 in Subsec. (b); 1971 act replaced “commission”, i.e. clean air commission, with “commissioner”, i.e. commissioner of environmental protection; Sec. 19-519 transferred to Sec. 22a-183 in 1983; P.A. 98-216 added “substantial” in Subsec. (a), divided Subsec. (b) into Subdivs. and added new Subdiv. (3) re consideration of public health, safety or welfare or the environment, amended Subsec. (c) by limiting exemption to no more than five years and authorizing the commissioner to grant further exemption, and added new Subdiv. (d) re pending applications, effective June 1, 1998; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (c), effective July 1, 2011.

See Sec. 22a-174d re planting of trees or turf grass as condition of permit.

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Sec. 22a-184. (Formerly Sec. 19-519a). Causing of air pollution prohibited. Permits for air contaminant sources. No person shall cause air pollution in violation of any provisions of this chapter or section 14-164c or of the regulations adopted hereunder; no person shall construct, install, enlarge, or establish a new air contaminant source specified in regulations adopted by the commissioner without a permit issued by the commissioner, or in violation of an order of said commissioner. The commissioner may request the Attorney General to institute an action in the superior court for the judicial district of Hartford for injunctive relief to restrain any violation of this section.

(1969, P.A. 758, S. 6; P.A. 84-546, S. 134, 173; P.A. 87-338, S. 5, 11; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6.)

History: Sec. 19-519a transferred to Sec. 22a-184 in 1983; P.A. 84-546 made technical change, substituting reference to Sec. 14-164c for reference to Sec. 14-100c; P.A. 87-338 added provision re suits for injunctive relief; P.A. 88-230 replaced “judicial district of Hartford-New Britain at Hartford” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

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Sec. 22a-185. (Formerly Sec. 19-520a). Municipal districts for control of air pollution. Upon approval of the commissioner, any municipality, pursuant to ordinance, may join with any other municipality or combination thereof, in the formation of a district for the control of air pollution. Any municipality or such district may adopt ordinances or regulations for the control of air pollution within its territorial limits. Such ordinances or regulations may embody the regulations promulgated hereunder, in whole or in part, or may consist of other ordinances or regulations in conformity with the regulations promulgated hereunder. No such ordinance or regulation shall be effective until fifteen days after approval by the commissioner. If the commissioner fails to act upon such ordinances or regulations within sixty days after submission to him, such ordinances or regulations shall be deemed to be approved. In acting upon such ordinances or regulations the commissioner shall give due consideration to the standards set forth in section 22a-176. Nothing contained in this section shall be construed to prevent the enforcement of any municipal ordinance or regulation for the control of air pollution not in conflict with this chapter or any regulations promulgated hereunder, which ordinance or regulation was adopted by the legislative body of any municipality prior to July 6, 1967. Subject to the approval of the commissioner, nothing contained in this section shall prohibit a municipal ordinance or regulation from imposing stricter controls than the regulations promulgated hereunder.

(1969, P.A. 758, S. 12; 1971, P.A. 872, S. 28.)

History: 1971 act replaced “commission”, i.e. clean air commission with “commissioner”, i.e. commissioner of environmental protection; Sec. 19-520a transferred to Sec. 22a-185 in 1983.

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Sec. 22a-185a. Assistance with establishing municipal air quality baseline and effect of Cricket Valley Energy Center. The Department of Energy and Environmental Protection shall provide technical assistance and support to any municipality that purchases, leases or is provided the use of air monitoring equipment for the purpose of establishing an air quality baseline in such municipality and determining any effect on such baseline by the Cricket Valley Energy Center in the state of New York. Such technical assistance and support shall include, but not be limited to, the provision of information on best practices for the establishment of such baseline, guidance on the siting and placement of such air quality monitors, information concerning the maintenance and practices required to assure the accuracy of such monitors, proposed schedules for data retrieval from such monitors during the calendar year and review of and conclusion from the results of such data retrieval.

(P.A. 19-29, S. 1.)

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Sec. 22a-186. Permit for the construction and operation of an air contaminant source. No person required by the provisions of section 22a-174 to obtain a permit for the construction and operation of an air contaminant source, including, but not limited to, a fume incinerator, shall construct and operate such source, except as authorized by the Commissioner of Energy and Environmental Protection. Any use or operation of such source not authorized by the commissioner shall be cause for the commissioner to revoke the subject permit. The commissioner, as he deems necessary, may require an emission test of the source as a condition of such permit. The results of any such test shall be sent to the legislative body of the municipality in which the source is located upon request of such legislative body. 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 an air contaminant source sufficient to cover the reasonable cost to the Department of Energy and Environmental Protection of conducting or monitoring an emission test required pursuant to this section or section 22a-174. The commissioner may revoke the permit of any person who violates any regulation adopted by the commissioner pursuant to section 22a-174.

(P.A. 83-159, S. 1, 3; P.A. 04-151, S. 3; P.A. 11-80, S. 1.)

History: P.A. 04-151 made technical changes, revised provisions re revocation of permit, and changed provisions re emission test of a source from a possible requirement before issuance of a permit to a possible condition of a permit, effective May 21, 2004; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.

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Sec. 22a-186a. Considerations in issuance of permit. No permit under section 22a-174 or 22a-183, except a permit for the burning of brush under subsection (f) of said section 22a-174, shall be granted, renewed or modified unless the commissioner considers air pollution emitted from all sources on the land where the activity requiring the permit is located and he determines that each source conforms to regulations adopted under section 22a-174 and does not pose a health hazard.

(P.A. 89-225, S. 1; P.A. 90-247, S. 8; P.A. 94-205, S. 2.)

History: P.A. 90-247 excepted permits for the burning of brush; P.A. 94-205 deleted a provision re review of permit applicant's compliance history.

See Sec. 22a-6m re review of permit applicant's compliance history.

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Sec. 22a-186b. Written notification of application for permit. Section 22a-186b is repealed.

(P.A. 89-225, S. 2; P.A. 90-247, S. 9; P.A. 91-151; P.A. 94-85, S. 4.)

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Secs. 22a-187 and 22a-187a. Hazardous Air Pollutant Advisory Panel. Recommendations; annual report. Sections 22a-187 and 22a-187a are repealed, effective June 6, 1997.

(P.A. 85-590, S. 2, 3, 7; P.A. 97-124, S. 15, 16.)

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Sec. 22a-188. Small business stationary source assistance program: Definitions. (a) For purposes of this section and section 22a-188a, the term “small business stationary source” means a stationary source of air pollution that:

(1) Is owned or operated by a person who employs one hundred or fewer individuals;

(2) Is a small business concern as defined in the federal Small Business Act;

(3) Is not a major stationary source as defined in the federal Clean Air Act Amendments of 1990;

(4) Emits less than fifty tons per year of any pollutant regulated pursuant to the federal Clean Air Act Amendments of 1990; and

(5) Emits less than seventy-five tons per year of all such pollutants.

(b) Upon petition by a person who owns or operates a stationary source of air pollution, the Commissioner of Energy and Environmental Protection may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subsection (a) of this section but which emits less than one hundred tons per year of pollutants regulated pursuant to the federal Clean Air Act.

(P.A. 93-428, S. 37, 39; P.A. 11-80, S. 1.)

History: P.A. 93-428 effective July 1, 1993; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011.

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Sec. 22a-188a. Small business stationary source technical and environmental compliance program. The Department of Energy and Environmental Protection shall establish a small business stationary source technical and environmental compliance program to assist, within available appropriations, small business stationary sources in complying with the federal Clean Air Act Amendments of 1990.

(P.A. 93-428, S. 38, 39; P.A. 11-80, S. 1; P.A. 13-299, S. 20.)

History: P.A. 93-428 effective July 1, 1993; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 13-299 deleted former Subsec. (b) re establishment of small business air pollution compliance advisory panel and its membership, and deleted Subsec. (a) designator, effective July 1, 2013.

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Sec. 22a-189. Reserved for future use.

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Sec. 22a-190. Definitions. As used in sections 22a-191, 22a-193 and 22a-231 “resources recovery facility” means a facility utilizing processes aimed at reclaiming the material or energy values from municipal solid wastes, “dioxin and furan emissions” means tetrachlorodibenzodioxin and tetrachlorodibenzofuran emissions or emissions of any other isomers of comparable toxicity.

(P.A. 86-332, S. 1, 20; June Sp. Sess. P.A. 09-3, S. 473.)

History: June Sp. Sess. P.A. 09-3 deleted reference to Sec. 22a-233.

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Sec. 22a-191. Air quality standard for dioxin and furan emissions. (a) The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, shall by regulations adopted in accordance with the provisions of chapter 54, except that notice may be published not later than February 1, 1987, establish an air quality standard for dioxin and furan emissions from resources recovery facilities at the stack and in the ambient air surrounding such facilities. The standard shall be consistent with this chapter and chapters 298, 446d and 446k, as amended, and with the federal Safe Drinking Water Act, 42 USC Section 300f et seq., including amendments thereto and regulations thereunder.

(b) On and after the effective date of standards adopted in accordance with subsection (a) of this section, no person shall operate a resources recovery facility in violation of such standards.

(P.A. 86-332, S. 2, 20; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 1.)

History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.

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Sec. 22a-191a. Mercury emissions testing program. Sewage sludge incinerator stack testing. (a) On or before February 1, 1994, the Commissioner of Energy and Environmental Protection, in conjunction with the dioxin testing program established under section 22a-191 and within available appropriations, shall prepare a plan to implement a program of testing of resource recovery facilities for the presence of mercury and other metals in the air emissions of such facilities. Such plan shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such testing shall commence July 1, 1994, in accordance with applicable testing protocols established by the United States Environmental Protection Agency and shall be conducted at least once annually thereafter.

(b) On or before January 1, 2002, and annually thereafter, the operator of each sewage sludge incinerator in this state shall conduct a stack test for the presence of mercury, metals and hydrocarbons in the air emissions of each such incinerator. Such test shall be conducted, and the results of such test reviewed and reported to the commissioner, in accordance with any procedures established by the commissioner and on any forms prescribed by the commissioner. After reviewing such report, the commissioner may order additional testing to be conducted or additional control measures to be undertaken at the incinerator if the commissioner determines that such testing or measures are necessary and reasonable for the protection of human health or the environment.

(P.A. 93-366; P.A. 01-204, S. 13, 29; June Sp. Sess. P.A. 01-9, S. 73, 131; June Sp. Sess. P.A. 09-3, S. 474; P.A. 11-80, S. 1.)

History: (Revisor's note: In 1997 a reference to “Solid Waste Fund” was replaced editorially by the Revisors with “solid waste account” to conform section with Sec. 22a-233); P.A. 01-204 designated existing provisions as Subsec. (a) and added new Subsec. (b) re stack testing of sewage sludge incinerators, 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 Sp. Sess. P.A. 09-3 amended Subsec. (a) by deleting provision requiring costs of testing to be paid out of solid waste account; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.

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Sec. 22a-192. Evaluation of health risks. The Commissioner of Public Health shall evaluate the health risks of dioxins and furans. The evaluation shall be considered by the Commissioner of Energy and Environmental Protection in adopting standards for dioxin and furan emissions from resources recovery facilities pursuant to section 22a-191.

(P.A. 86-332, S. 12, 20; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 1.)

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Sec. 22a-193. Reporting required for exceeding or deviating from permitted emissions limits. On and after July 1, 1996, the owner or operator of a resources recovery facility shall notify the Commissioner of Energy and Environmental Protection within twelve hours of any exceeding of, or deviation from, any permitted emissions limitation or parameter including, but not limited to, dioxin and furan indicators such as combustion efficiency and temperature, opacity, sulfur dioxide, nitrogen oxides, carbon monoxide, combustion efficiency, combustion temperature, sulfur dioxide reduction efficiency, final particulate control device inlet temperature and steam load.

(P.A. 86-332, S. 4, 20; P.A. 87-489, S. 1, 14; P.A. 96-163, S. 5, 10; P.A. 03-123, S. 11; P.A. 11-80, S. 1.)

History: P.A. 87-489 amended Subdiv. (1) to delete provision re a dedicated telephone line for continuous monitoring and substituted in lieu thereof provision re continuous monitoring with remote telemetry; P.A. 96-163 replaced prior provisions re continuous monitoring of emissions and a toll-free telephone line for receiving reports about emissions with provisions requiring owner or operator to report exceedances or deviations from permitted emissions, effective July 1, 1996; P.A. 03-123 made technical changes, effective June 26, 2003; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-194. Definition of controlled substance. As used in sections 22a-194a to 22a-194g, inclusive, “controlled substance” means a controlled substance under Annex A, Group 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, signed September 16, 1987, as may be amended.

(P.A. 89-227, S. 1.)

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Sec. 22a-194a. Sale of new products manufactured using any controlled substance. Certification of compliance. (a) On and after July 1, 1992, no person may sell or offer to sell in this state in the ordinary course of business any new product packaged in or composed in whole or in part of polystyrene foam if such foam is manufactured using any controlled substance. The provisions of this section shall not apply to any building or structure permanently attached to real estate if such building was issued a building permit or was completed or under construction on or before July 1, 1992.

(b) Each manufacturer of polystyrene foam products using a controlled substance that are sold in this state shall certify to the Commissioner of Energy and Environmental Protection before July 1, 1992, his compliance with the provisions of this section.

(c) The manufacturer of any product packaged in or composed in whole or in part of polystyrene foam shall provide information on the controlled substances found in such product to any person selling the product who requests such information.

(P.A. 89-227, S. 2; P.A. 11-80, S. 1.)

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Sec. 22a-194b. Standards for emissions of controlled substances from various sources. Section 22a-194b is repealed.

(P.A. 89-227, S. 3; P.A. 94-89, S. 16.)

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Sec. 22a-194c. Exemption from compliance. The Commissioner of Energy and Environmental Protection may exempt any person from compliance with the provisions of section 22a-194a or 22a-194g if he determines that no technological or economical alternative to the use of the controlled substance exists. Such exemption shall be limited to one year and may be extended for another year upon application of the person to whom the exemption was granted.

(P.A. 89-227, S. 5; P.A. 94-89, S. 13; P.A. 11-80, S. 1.)

History: P.A. 94-89 deleted a reference to regulations adopted under former Sec. 22a-194b; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-194d. Restriction on sale of containers of controlled substances. No person shall sell or offer for sale any container of a controlled substance unless the buyer is licensed under section 14-52 or is a person licensed under section 20-333 to perform work on air conditioning and refrigeration systems or is a person who holds a certification issued by the United States Environmental Protection Agency under Section 608 or Section 609 of the federal Clean Air Act, as amended by the Clean Air Act amendments of 1990.

(P.A. 89-227, S. 6; P.A. 91-134; P.A. 94-89, S. 14.)

History: P.A. 91-134 authorized certain owners of commercial or emergency vehicles to purchase containers of controlled substances to recharge air conditioning systems; P.A. 94-89 deleted references to purchase of controlled substances for use in air conditioning and refrigeration systems and added a provision allowing purchase of such substances by persons certified under the federal Clean Air Act.

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Sec. 22a-194e. Reuse or recycling of controlled substances used in automobile air conditioning systems. On and after January 1, 1991, each state agency owning or leasing a motor vehicle and each business entity located in this state owning or leasing ten or more motor vehicles shall have any controlled substances used in the automobile air conditioning systems of such vehicles reused or recycled when such systems are serviced.

(P.A. 89-227, S. 7.)

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Sec. 22a-194f. Plan to reduce controlled substances from stationary air contaminant sources. On or before January 1, 1990, the owner or operator of each stationary air contaminant source emitting more than ten tons of any controlled substance yearly shall submit to the Commissioner of Energy and Environmental Protection a plan to reduce by fifty per cent the emissions of controlled substances from such source by January 1, 1994.

(P.A. 89-227, S. 8; P.A. 11-80, S. 1.)

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Sec. 22a-194g. Restriction on purchase by state agencies or institutions of products manufactured using controlled substances. On or after January 1, 1991, no state agency or institution shall purchase any new product packaged in or composed in whole or in part of polystyrene foam if such foam is manufactured using any controlled substances except that the provisions of this section shall not apply to the construction of any building or structure permanently attached to real estate until July 1, 1992.

(P.A. 89-227, S. 4.)

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Sec. 22a-195. Reserved for future use.

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Sec. 22a-196. Location of asphalt batching or continuous mix facility. (a) No asphalt batching or continuous mix facility shall be located in an area which is less than one-third of a mile in linear distance from any hospital, nursing home, school, area of critical environmental concern, watercourse, or area occupied by residential housing. Such distance shall be measured from the outermost perimeter of such facility to the outermost point of such zones provided that any such facility in operation as of December 31, 1997, shall not be subject to the provisions of this section.

(b) Notwithstanding the provisions of subsection (a) of this section, this section shall not apply to any portable asphalt batching plant that does not require a permit from the Department of Energy and Environmental Protection pursuant to the provisions of any regulations adopted under section 22a-174.

(P.A. 98-216, S. 4, 5; P.A. 06-181, S. 1; P.A. 11-80, S. 1.)

History: P.A. 98-216, S. 4 effective June 1, 1998; P.A. 06-181 designated existing language as Subsec. (a) and added Subsec. (b) re exemption for portable asphalt batching plant that does not require a permit, effective June 7, 2006; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011.

See Sec. 22a-174 re issuance of permits for asphalt batching or continuous mix facilities.

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Sec. 22a-197. Sulfur dioxide emission standards: Definitions. For purposes of this section, section 22a-198 and subsection (a) of section 16-245l:

(1) “Affected unit” means any emissions unit subject to the provisions of the Post-2002 Nitrogen Oxides Budget Program, as described in the regulations adopted under section 22a-174.

(2) “Average emissions rate” means a determination of the rate of SO₂ emissions, measured in pounds of SO₂ per MMBtu, in any calendar quarter from either a single affected unit or from two or more affected units. Average emissions rate for a single unit is calculated by dividing the total quarterly SO₂ emissions, in pounds, from such unit by the total quarterly heat input, in MMBtu, for such unit. Average emissions rate for two or more units is calculated by dividing the total quarterly SO₂ emissions, in pounds, from all such units by the total quarterly heat input, in MMBtu, for all such units.

(3) “Calendar quarter” means the period of January first to March thirty-first, inclusive, April first to June thirtieth, inclusive, July first to September thirtieth, inclusive, or October first to December thirty-first, inclusive.

(4) “MMBtu” means million BTU of heat input.

(5) “Sulfur dioxide” or “SO₂” means a gas that at standard conditions has the molecular form SO₂.

(6) “Sulfur Dioxide Discrete Emission Reduction Credit” or “SO₂ DERC” means the reduction of one ton of sulfur dioxide at a stationary source during the generation period, which the commissioner has certified in writing as real, quantifiable, surplus, permanent and enforceable. Early reduction credits shall qualify as SO₂ DERCs.

(7) “Early reduction credit” means a reduction of SO₂ during calendar years 1999, 2000, 2001 or 2002 below the most stringent SO₂ emission rate applicable to an affected unit.

(8) “Title IV SO₂ allowance” or “SO₂ allowance” means an authorization allocated to a Title IV source by the Administrator, pursuant to Title IV of the federal Clean Air Act, 42 USC 7651d et seq. and 40 CFR 72, 73, to emit up to one ton of SO₂ during or after a specified calendar year.

(9) “Title IV source” means an affected unit that is also subject to Phase II of the acid rain control requirements set forth in Title IV of the federal Clean Air Act, 42 USC 7651d et seq.

(P.A. 02-64, S. 1.)

History: P.A. 02-64 effective January 1, 2005.

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Sec. 22a-198. Title IV sulfur dioxide emission standards. Credit trading. Suspension of credit trading prohibition by the commissioner. (a) On and after January 1, 2005, the owner or operator of a Title IV source that is also an affected unit or units shall:

(1) Combust liquid fuel, gaseous fuel, solid fuel or a combination of each provided that each fuel possesses a fuel sulfur limit equal to or less than 0.3 per cent sulfur, by weight (dry basis); or

(2) Meet an average emission rate equal to or less than 0.33 pounds SO₂ per MMBtu for each calendar quarter for an affected unit at the premises; or

(3) Meet an average emission rate equal to or less than 0.3 pounds SO₂ per MMBtu calculated for each calendar quarter, if such owner or operator averages the emissions from two or more affected units at the premises.

(b) On and after January 1, 2005, no owner or operator of a Title IV source that is also an affected unit or units may use SO₂ DERCs or SO₂ allowances to comply with the requirements of subsection (a) of this section except if the Commissioner of Energy and Environmental Protection requires the owner or operator of an affected unit or units using a low-sulfur fuel to comply with subdivision (1) of subsection (a) of this section to offset excess SO₂ emissions that were emitted during a suspension period, as described in subsection (c) of this section, through the purchase or retirement of such SO₂ DERCs or SO₂ allowances.

(c) The Commissioner of Energy and Environmental Protection may suspend the requirements of subdivision (1) of subsection (a) of this section for the owner or operator of any affected unit using a low-sulfur fuel, including a low-sulfur solid fuel. Such suspension shall be made only when the commissioner finds that the availability of fuel that complies with such requirements is inadequate to meet the needs of residential, commercial and industrial users in this state and that such inadequate supply constitutes an emergency, provided such suspension shall not exceed the period that the inadequate supply constitutes an emergency. Any such suspension by the commissioner shall not suspend or alter the sulfur dioxide average emission rate requirements that are in effect as of May 2, 2002. The Commissioner of Energy and Environmental Protection shall specify in writing the period of time that such suspension shall be in effect and shall provide notice of such suspension to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and energy and technology. No later than thirty days after the termination of such suspension, the owner or operator of an affected unit or units shall report to the commissioner, in writing, the amount of SO₂ emissions in excess of those that would have occurred if the use of compliant fuel at such affected unit or units had not been interrupted. If such excess SO₂ emissions from any premises exceed fifty tons, the commissioner shall require that the owner or operator of such affected unit or units offset such SO₂ emissions through the purchase or retirement of SO₂ DERCs or SO₂ allowances.

(d) The provisions of subsections (c) and (f) of this section, when implemented by the Commissioner of Energy and Environmental Protection, shall not suspend any underlying procedures or requirements in the Regulations of Connecticut State Agencies adopted by the Department of Energy and Environmental Protection pertaining to SO₂ emissions.

(e) No provision of section 22a-197, this section or subsection (a) of section 16-245l shall be construed to prohibit the Commissioner of Energy and Environmental Protection from waiving or suspending any applicable sulfur dioxide emissions standard as may be allowed under current federal or state laws or regulations, or other permit limits of a must run Title IV source, as ordered by the Independent System Operator, as may be allowed under current federal or state laws or regulations. The commissioner may attach any conditions to such suspension or waiver, as the commissioner deems necessary to mitigate any adverse environmental or public health impacts.

(f) The Commissioner of Energy and Environmental Protection, in consultation with the chairperson of the Public Utilities Regulatory Authority, may suspend the prohibition of subsection (b) of this section for a Title IV source if it is determined that the application of the prohibition established under subsection (b) of this section adversely affects the ability to meet the reliability standards, as defined by the New England Power Pool or its successor organization, and the suspension thereof is intended to mitigate such reliability problems. The Commissioner of Energy and Environmental Protection, in consultation with the chairperson of the Public Utilities Regulatory Authority, shall specify in writing the reasons for such suspension and the period of time that such suspension shall be in effect and shall provide notice of such suspension at the time of issuance, or the next business day, to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and energy and technology. No such waiver shall last more than thirty days. The commissioner may reissue additional waivers for such source after said initial waiver has expired. Within ten days of receipt of the commissioner's notice of suspension, the committees having cognizance of matters relating to the environment and energy and technology may hold a joint public hearing and meeting of the committees to either modify or reject the commissioner's suspension by a majority vote. If the committees do not meet, the commissioner's suspension shall be deemed approved.

(P.A. 02-64, S. 2; P.A. 03-123, S. 3, 4; P.A. 11-80, S. 1, 63.)

History: P.A. 02-64 effective January 1, 2005; P.A. 03-123 made technical changes in Subsecs. (a) and (f), effective June 26, 2003 (Revisor's note: Because Sec. 22a-198 takes effect on January 1, 2005, these amendments become effective at that time); P.A. 11-80 changed “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection”, changed “Department of Environmental Protection” to “Department of Energy and Environmental Protection” and changed “Public Utilities Control Authority” to “Public Utilities Regulatory Authority”, effective July 1, 2011.

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Sec. 22a-199. Mercury emission standards: Definitions, requirements, alternative emissions limits, testing, regulations. (a) For purposes of subsections (b) and (c) of this section:

(1) “Affected unit” means any emissions unit that generates electricity in the state and combusts coal in an amount greater than ten per cent of its total heat input on a rolling twelve-month basis.

(2) “Alternative emissions limit” means a mercury emissions limit established by the Commissioner of Energy and Environmental Protection for an affected unit.

(4) “Inlet conditions” means either: (A) The concentration of mercury in the flue gas exiting the combustion source prior to application of any air pollution control device; or (B) in the case of a fluidized bed combustion unit, the concentration of mercury input to the combustion source based on representative fuel sampling and analysis, as determined by the Commissioner of Energy and Environmental Protection.

(5) “Mercury” means mercury and mercury compounds in either a gaseous or particulate form.

(6) “TBtu” means trillion BTU of heat input.

(7) “Fluidized bed combustion unit” means a combustion unit in which fuel is introduced into a layer of solid particles kept in turbulent motion by air that is forced into the layer from below, resulting in a thorough mixing and intimate contact of the fuel and other reactants.

(b) (1) On and after July 1, 2008, the owner or operator of an affected unit or units shall: (A) Meet an emissions rate of equal to or less than 0.6 pounds of mercury per TBtu, or (B) meet a mercury emissions rate equal to a ninety per cent reduction of mercury from the measured inlet conditions for the affected unit, whichever emissions rate is more readily achievable by such affected unit, as determined by the owner or operator of such affected unit. Compliance with the requirements of this subdivision shall be demonstrated in accordance with the provisions of subdivision (3) of this subsection.

(2) (A) If the owner or operator of any affected unit properly installs and operates control technology designed to achieve the mercury emissions rate requirement of subdivision (1) of this subsection and such technology fails to achieve said emission rate, such owner or operator shall notify the Commissioner of Energy and Environmental Protection of such failure no later than February 1, 2009. Such owner or operator shall submit each quarterly stack test from such affected unit to the Commissioner of Energy and Environmental Protection for evaluation and establishment of an alternative emissions limit for such affected unit based upon the optimized performance of such properly installed and operated control technology. The Commissioner of Energy and Environmental Protection shall establish an alternative emissions limit for any such affected unit no later than April 1, 2010.

(B) Upon the establishment of an alternative emissions limit for an affected unit, pursuant to subparagraph (A) of this subdivision, the Commissioner of Energy and Environmental Protection shall incorporate such alternative emissions limit into the Title V permit for such affected unit. Thereafter, upon any application for renewal of such Title V permit, the Commissioner of Energy and Environmental Protection shall conduct a review of such affected unit's alternative emissions limit and may impose a more stringent alternative emissions limit based upon any new data regarding the demonstrated control capabilities of the type of control technology installed and operated at such affected unit.

(C) If the owner or operator of any affected unit properly installs and operates control technology designed to achieve the mercury emissions rate requirement established in subdivision (1) of this subsection, but such technology fails to achieve such emissions requirement, and such owner or operator notifies the Commissioner of Energy and Environmental Protection of such failure no later than February 1, 2009, the owner or operator of such affected unit shall demonstrate compliance with the requirements of subdivision (1) of this subsection for the period beginning July 1, 2008, and ending on the date of the issuance of an alternative emissions limit, pursuant to subparagraph (A) of this subdivision, by operating and maintaining such affected unit, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices for the minimization of mercury emissions, as determined by the Commissioner of Energy and Environmental Protection. In determining whether the owner or operator of such affected unit is operating and maintaining such affected unit in a manner consistent with good air pollution control practices for the minimization of mercury emissions, the Commissioner of Energy and Environmental Protection may review the emissions monitoring results and operating and maintenance procedures of such unit and may inspect such affected unit.

(3) (A) Any stack test used to demonstrate compliance with the mercury emissions rate requirements of subdivision (1) of this subsection or used in the establishment or compliance with an alternative emissions limit pursuant to subdivision (2) of this subsection, shall be based on the average of the stack tests conducted during the two most recent calendar quarters for an affected unit and shall be conducted on a calendar quarter basis in accordance with the Environmental Protection Agency's Method 29 for the determination of metal emissions from stationary sources, as set forth in 40 CFR 60, Appendix A, as amended from time to time, or any other alternative method approved by the Environmental Protection Agency or the Commissioner of Energy and Environmental Protection. Such stack tests shall be conducted while combusting coal or coal blends that are representative of the coal or coal blends combusted at such affected unit during the calendar quarter represented by such stack test.

(B) Notwithstanding the provisions of subparagraph (A) of this subdivision, any owner or operator of an affected unit who achieves and maintains compliance with the mercury emissions rate requirement established in subdivision (1) of this subsection for a period of eight consecutive calendar quarters may reduce the frequency of such stack testing for such affected unit from a once-per-calendar-quarter basis to a once-per-year basis. If such annual stack testing demonstrates a failure to comply with the mercury emissions rate requirement established in subdivision (1) of this subsection, such stack testing shall resume on a once-per-calendar-quarter basis, as described in subparagraph (A) of this subdivision.

(C) If the Commissioner of Energy and Environmental Protection determines that continuous emission monitors for mercury in flue gases are commercially available and can perform in accordance with National Institute of Technology Standards, or other methodology approved by the Environmental Protection Agency, the owner or operator of any affected unit shall properly install and operate such continuous emission monitors and shall not be required to conduct stack testing on a calendar quarter basis. When reporting compliance with the mercury emissions rate requirement of subdivision (1) or (2) of this subsection, as applicable, the owner or operator of an affected unit shall use an average of the continuous emission monitor data recorded at such affected unit during the most recent calendar quarter.

(4) The owner or operator of any affected unit shall, for each calendar quarter, report to the Commissioner of Energy and Environmental Protection the results of any stack test or average of the continuous emission monitor data, as applicable, used to demonstrate compliance with the provisions of this subsection. Such reports shall be submitted on such forms as may be prescribed by the Commissioner of Energy and Environmental Protection.

(5) The provisions of this subsection, when implemented by the Commissioner of Energy and Environmental Protection, shall not suspend any underlying procedures or requirements as set forth in the regulations of Connecticut state agencies.

(c) On or before July 1, 2012, the Commissioner of Energy and Environmental Protection shall conduct a review of the mercury emission limits applicable to all affected units in the state. On or after July 1, 2012, the Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, imposing mercury emission limits that are more stringent than such emissions requirements provided for in subparagraph (A) or (B) of subdivision (1) of subsection (b) of this section.

(P.A. 03-72, S. 1–3; P.A. 08-124, S. 18; P.A. 11-80, S. 1; P.A. 13-58, S. 1.)

History: P.A. 03-72 effective June 3, 2003; P.A. 08-124 made technical changes in Subsecs. (b) and (c), effective June 2, 2008; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-58 amended Subsec. (b)(3) by adding new Subpara. (B) re annual stack testing and redesignating existing Subpara. (B) as Subpara. (C).

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Sec. 22a-200. Greenhouse gas: Definitions. As used in sections 22a-200 to 22a-200b, inclusive, 22a-200d and 4a-67h:

(1) “Direct emissions” means emissions from sources that are owned or operated, in whole or in part, by an entity or facility, including, but not limited to, emissions from factory stacks, manufacturing processes and vents, and company owned or leased motor vehicles;

(2) “Entity” means a person, as defined in section 22a-2, that owns or operates, in whole or in part, a source of greenhouse gas emissions from a generator of electricity or a commercial or industrial site, which source may include, but not be limited to, a transportation fleet;

(3) “Facility” means a building, structure or installation located on any one or more contiguous or adjacent properties of an entity;

(4) “Greenhouse gas” means any chemical or physical substance that is emitted into the air and that the Commissioner of Energy and Environmental Protection may reasonably anticipate will cause or contribute to climate change, including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride;

(5) “Indirect emissions” means emissions associated with the consumption of purchased electricity, steam and heating or cooling by an entity or facility.

(P.A. 04-252, S. 1; P.A. 05-288, S. 102; P.A. 08-98, S. 1; P.A. 11-80, S. 1.)

History: P.A. 05-288 made a technical change in Subdiv. (4), effective July 13, 2005; P.A. 08-98 applied definitions to Sec. 22a-200d; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subdiv. (4), effective July 1, 2011.

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Sec. 22a-200a. Reduction of greenhouse gas emissions: Mandated levels. Reports. (a) The state shall reduce the level of emissions of greenhouse gas:

(1) Not later than January 1, 2020, to a level at least ten per cent below the level emitted in 1990;

(2) Not later than January 1, 2030, to a level at least forty-five per cent below the level emitted in 2001;

(3) Not later than January 1, 2040, to a level of zero per cent from electricity supplied to electric customers in the state;

(4) Not later than January 1, 2050, to a level at least eighty per cent below the level emitted in 2001; and

(5) All of the levels referenced in this subsection shall be determined by the Commissioner of Energy and Environmental Protection.

(b) On or before January 1, 2010, and biannually thereafter, the state agencies that are members of the Governor's Steering Committee on Climate Change shall submit a report to the Secretary of the Office of Policy and Management and the Commissioner of Energy and Environmental Protection. The report shall identify existing and proposed activities and improvements to the facilities of such agencies that are designed to meet state agency energy savings goals established by the Governor. The report shall also identify policies and regulations that could be adopted in the near future by such agencies to reduce greenhouse gas emissions in accordance with subsection (a) of this section.

(c) Not later than January 1, 2012, and every three years thereafter, the Commissioner of Energy and Environmental Protection shall, in consultation with the Secretary of the Office of Policy and Management and the Governor's Steering Committee on Climate Change, report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the environment, energy and transportation on the quantifiable emissions reductions achieved pursuant to subsection (a) of this section. The report shall include a schedule of proposed regulations, policies and strategies designed to achieve the limits of greenhouse gas emissions imposed by said subsection, an assessment of the latest scientific information and relevant data regarding global climate change and the status of greenhouse gas emission reduction efforts in other states and countries.

(d) At least one year prior to the effective date of any federally mandated greenhouse cap and trade program including greenhouse gas emissions subject to any state cap and trade requirements adopted pursuant to this section, the Commissioner of Energy and Environmental Protection and the Secretary of the Office of Policy and Management shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the environment, energy and technology and transportation. Such report shall explain the differences between such federal and state requirements and shall identify any further regulatory or legislative actions needed to achieve consistency with such federal program.

(P.A. 04-252, S. 2; P.A. 05-288, S. 103; P.A. 08-98, S. 2; P.A. 11-80, S. 1; P.A. 18-82, S. 7; P.A. 22-5, S. 1.)

History: P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005; P.A. 08-98 replaced former Subsecs. (a) to (d) with new Subsecs. (a) to (d) re greenhouse gas emission limits and reporting requirements; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 18-82 amended Subsec. (a) by adding new Subdiv. (2) re January 1, 2030 level and redesignating existing Subdivs. (2) and (3) as Subdivs. (3) and (4), effective June 6, 2018; P.A. 22-5 amended Subsec. (a) by adding new Subdiv. (3) re January 1, 2040, level for electricity supplied to electric customers and redesignating existing Subdivs. (3) and (4) as Subdivs. (4) and (5), effective July 1, 2022.

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Sec. 22a-200b. Greenhouse gas emissions: Inventory, modeling scenarios, recommendations, schedule. Regulations. (a) The Commissioner of Energy and Environmental Protection shall, with the advice and assistance of a nonprofit association organized to provide scientific, technical, analytical and policy support to the air quality and climate programs of northeastern states: (1) Not later than December 1, 2009, publish an inventory of greenhouse gas emissions to establish a baseline for such emissions for the state and publish a summary of greenhouse gas emission reduction strategies on the Department of Energy and Environmental Protection's Internet web site, (2) not later than July 1, 2010, publish results of various modeling scenarios concerning greenhouse gas emissions, including, but not limited to, an evaluation of the potential economic and environmental benefits and opportunities for economic growth based on such scenarios, (3) not later than July 1, 2011, analyze greenhouse gas emission reduction strategies and, after an opportunity for public comment, make recommendations on which such strategies will achieve the greenhouse gas emission levels specified in section 22a-200a, and (4) not later than July 1, 2012, and every three years thereafter, develop, with an opportunity for public comment, a schedule of recommended regulatory actions by relevant agencies, policies and other actions necessary to show reasonable further progress towards achieving the greenhouse gas emission levels specified in section 22a-200a.

(b) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. Nothing in section 4a-67h, 22a-200 or 22a-200a or this section shall limit a state agency from adopting any regulation within its authority in accordance with the provisions of chapter 54.

(P.A. 04-252, S. 3; P.A. 05-288, S. 104; P.A. 08-98, S. 3; P.A. 11-80, S. 1.)

History: P.A. 05-288 made technical changes in Subsec. (e), effective July 13, 2005; P.A. 08-98 replaced former Subsecs. (a) to (f) re greenhouse gas registry with new Subsec. (a) re development of inventory, modeling scenarios, strategies and policies to achieve reduced greenhouse gas emissions and redesignated existing Subsec. (g) as Subsec. (b); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, in Subsec. (a), effective July 1, 2011.

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Sec. 22a-200c. Implementation of Regional Greenhouse Gas Initiative. Regional Greenhouse Gas account. Auctioning of allowances. (a) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with chapter 54, to implement the Regional Greenhouse Gas Initiative.

(b) The Department of Energy and Environmental Protection shall auction all emissions allowances and invest the proceeds, which shall be deposited into a Regional Greenhouse Gas account established by the Comptroller as a separate, nonlapsing account within the General Fund, on behalf of electric ratepayers in energy conservation, load management, Class I renewable energy programs and programs that reduce transportation sector greenhouse gas emissions. In making such investments, the Commissioner of Energy and Environmental Protection shall consider strategies that maximize cost effective reductions in greenhouse gas emission. Allowances shall be auctioned under the oversight of the Department of Energy and Environmental Protection by a contractor or trustee on behalf of the electric ratepayers.

(c) The regulations adopted pursuant to subsection (a) of this section may include provisions to cover the reasonable administrative costs associated with the implementation of the Regional Greenhouse Gas Initiative in Connecticut and to fund the assessment, planning and implementation of measures to reduce emissions, mitigate the impacts of climate change and to cover the reasonable administrative costs of state agencies associated with the adoption of regulations, plans and policies in accordance with section 22a-200a. Such costs shall not exceed seven and one-half per cent of the total projected allowance value. Such regulations may also set aside a portion of the allowances to support the voluntary renewable energy provisions of the Regional Greenhouse Gas Initiative model rule and combined heat and power.

(d) Any allowances or allowance value allocated to the energy conservation load management program on behalf of electric ratepayers shall be incorporated into the planning and procurement process in sections 16a-3a and 16a-3b.

(e) Beginning with the first auction occurring on or after January 1, 2023, and notwithstanding the provisions of subsection (a) of this section and subdivision (6) of subsection (f) of section 22a-174-31 of the regulations of Connecticut state agencies, auction proceeds annually calculated and allocated in accordance with subdivision (6) of subsection (f) of section 22a-174-31 of the regulations of Connecticut state agencies to the Connecticut Green Bank may be utilized by the Connecticut Green Bank, in consultation with the Department of Energy and Environmental Protection, for clean energy resources that do not emit greenhouse gas emissions, provided that any proceeds calculated and allocated to the Connecticut Green Bank in excess of five million two hundred thousand dollars in any fiscal year shall be diverted for the fiscal year ending June 30, 2024, and each fiscal year thereafter, to the Connecticut hydrogen and electric automobile purchase rebate program account established pursuant to subsection (h) of section 22a-202. For the purposes of this subsection, “clean energy” has the same meaning as provided in section 16-245n.

(P.A. 07-242, S. 93; P.A. 08-98, S. 4; Sept. Sp. Sess. P.A. 09-8, S. 36; P.A. 11-80, S. 1, 64; P.A. 13-247, S. 131; P.A. 14-94, S. 29; May Sp. Sess. P.A. 16-3, S. 181; P.A. 22-25, S. 18.)

History: P.A. 07-242 effective July 1, 2007; P.A. 08-98 amended Subsec. (c) to permit allowances to be used to cover certain administrative costs of state agencies; Sept. Sp. Sess. P.A. 09-8 amended Subsec. (b) to add provision re deposit into Regional Greenhouse Gas account, effective October 5, 2009; P.A. 11-80 changed “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection” and “Department of Environmental Protection” to “Department of Energy and Environmental Protection” and deleted references to Department of Public Utility Control, effective July 1, 2011; P.A. 13-247 amended Subsec. (b) to add provision re allocation of excess auction proceeds to Clean Energy Finance and Investment Authority by commissioner, effective July 1, 2013; pursuant to P.A. 14-94, “Clean Energy Finance and Investment Authority” was changed editorially by the Revisors to “Connecticut Green Bank” in Subsec. (b), effective June 6, 2014; May Sp. Sess. P.A. 16-3 added Subsec. (e) re diversion of $3,300,000 of auction proceeds to General Fund in fiscal year ending June 30, 2017, and calculation and allocation of auction proceeds and diversion, effective June 2, 2016; P.A. 22-25 amended Subsec. (b) by adding provision re programs that reduce transportation sector greenhouse gas emissions and deleting provision re allocation of auction proceeds on or before July 1, 2015, amended Subsec. (c) by adding “and implementation”, amended Subsec. (e) by replacing reference to January 1, 2017, with reference to January 1, 2023, adding reference to Subsec. (a), deleting provision re funds diverted to the General Fund in fiscal year ending June 30, 2017, adding provision re proceeds allocated to Connecticut Green Bank, adding provision re proceeds in excess of $5,200,000 diverted to Connecticut hydrogen and electric automobile purchase rebate program account and defining “clean energy”, and made technical changes, effective July 1, 2022.

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Sec. 22a-200d. State action to reduce greenhouse gas emissions: Assessment of low-carbon fuel standards, transportation system, cap and trade programs. In order to achieve the emission reduction requirements established in section 22a-200a, the state shall implement the following:

(1) The Department of Energy and Environmental Protection shall monitor the development of low-carbon fuel standards in other states or jurisdictions, evaluate the potential of any such standard to achieve net carbon reductions, and assess whether the analytical framework used to determine the carbon benefit measures the full lifecycle of greenhouse gas emissions, including direct and indirect emissions of greenhouse gas caused by changes in land use or other factors. Such assessment shall include, but not be limited to, the modeling tools developed by the California Air Resources Board and the United States Environmental Protection Agency. The analytical framework used to measure actual lifecycle greenhouse gas emissions for fuel shall include all stages of fuel and feedstock production, delivery and use of the finished fuel to the ultimate consumer, and shall adjust the mass values for all greenhouse gas emissions relative to such emissions' relative global warming potential.

(2) The Department of Transportation shall, within available appropriations, continue to investigate the potential for improvements to the state's transportation system that will reduce greenhouse gas emissions and coordinate with the northeastern states on regional strategies to incorporate greenhouse gas emission reductions into regional transportation planning, including, but not limited to, high speed rail, light-rail passenger service and freight rail service within the northeast region.

(3) The Department of Energy and Environmental Protection may work with interested states and Canadian provinces to develop and implement market-based compliance mechanisms to achieve the greenhouse gas levels and limits established by section 22a-200a, including, but not limited to, cap and trade programs.

(P.A. 08-98, S. 5; P.A. 11-80, S. 1.)

History: Pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.

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Sec. 22a-200e. Subcommittee of Governor's Steering Committee on Climate Change. Report. (a) Not later than January 1, 2009, the Governor's Steering Committee on Climate Change shall establish a subcommittee which may be composed of, but not be limited to, members of the Governor's Steering Committee on Climate Change. Such subcommittee shall (1) assess the impacts of climate change on state and local infrastructure, public health and natural resources and habitats in the state; (2) develop recommendations and plans that, if adopted, would enable state and local government to adapt to such impacts; and (3) provide technical assistance to implement such recommendations and plans.

(b) On or before December 31, 2009, the subcommittee shall report to the Governor's Steering Committee on Climate Change on its assessment of current state and private programs and research concerning the projected impact of climate change in the state on: (1) Infrastructure, including, but not limited to, buildings, roads, railroads, airports, dams, reservoirs, and sewage treatment and water filtration facilities; (2) natural resources and ecological habitats, including, but not limited to, coastal and inland wetlands, forests and rivers; (3) public health; and (4) agriculture. The subcommittee may conduct one or more public hearings regarding such assessment and regarding the recommendations for further assessments of impacts on the resources specified in subdivisions (1) to (4), inclusive, of this subsection.

(c) On or before July 1, 2010, the subcommittee shall report to the Governor and the General Assembly, in accordance with the provisions of section 11-4a, containing the results of its assessment in accordance with subsection (b) of this section concerning its recommendations for changes to existing state and municipal programs, laws or regulations to enable municipalities and natural habitats to adapt to harmful climate change impacts and to mitigate such impacts.

(P.A. 08-98, S. 7.)

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Secs. 22a-201 to 22a-201b. Motor vehicle greenhouse gas emissions; definitions. Greenhouse gas labeling program for new motor vehicles. Public education program. Sections 22a-201 to 22a-201b, inclusive, are repealed, effective October 1, 2013.

(P.A. 06-161, S. 1, 3, 4; P.A. 07-167, S. 17; P.A. 08-124, S. 19; P.A. 11-80, S. 1; P.A. 13-209, S. 20.)

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Sec. 22a-201c. Greenhouse gas reduction fee. (a) For each registration of a new motor vehicle with the Commissioner of Motor Vehicles pursuant to chapter 246, the person registering such vehicle shall pay to the commissioner a fee of fifteen dollars, in addition to any other fees required for registration, for the following registration types: Passenger, motor home, combination or antique.

(b) For each new registration or renewal of registration of any motor vehicle, except a new motor vehicle, with the Commissioner of Motor Vehicles pursuant to chapter 246, the person registering such vehicle shall pay to the commissioner a fee of seven dollars and fifty cents for registration for a triennial period and five dollars for registration for a biennial period for the following registration types: Passenger, motor home, combination or antique. Any person who is sixty-five years of age or older and who obtains a one-year registration renewal for any motor vehicle under section 14-49 for such registration type shall pay two dollars and fifty cents for the annual registration period.

(c) The fee imposed by this section may be identified as the “greenhouse gas reduction fee” on any registration form, or combined with the fee specified by subdivision (3) of subsection (k) of section 14-164c on any registration form. Payments collected pursuant to the provisions of this section shall be deposited into the Connecticut hydrogen and electric automobile purchase rebate program account, established pursuant to subsection (h) of section 22a-202. No part of the greenhouse gas reduction fee shall be subject to a refund under subsection (z) of section 14-49.

(P.A. 06-161, S. 6; P.A. 08-98, S. 6; 08-124, S. 20; June Sp. Sess. P.A. 09-3, S. 408; P.A. 13-209, S. 15; P.A. 19-117, S. 95; P.A. 21-40, S. 22; June Sp. Sess. P.A. 21-2, S. 183; P.A. 22-25, S. 10.)

History: P.A. 08-98 amended Subsec. (b) to add references to Secs. 22a-174 and 22a-200a to 22a-200d re use of funds; P.A. 08-124 made a technical change in Subsec. (a), effective June 2, 2008; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by replacing provision re deposit of receipts into federal Clean Air Act account with provision re deposit of receipts into General Fund, and amended Subsec. (b) to delete provision allowing Commissioner of Environmental Protection to draw upon funds deposited into account and to make a conforming change; P.A. 13-209 added new Subsec. (a) re definition of “motor vehicle”, redesignated existing Subsec. (a) as Subsec. (b) and deleted former Subsec. (b) re use of funds by Commissioner of Motor Vehicles; P.A. 19-117 deleted former Subsec. (a) defining “motor vehicle”, redesignated existing Subsec. (b) as new Subsec. (a) and substantially amended same including by deleting reference to January 1, 2007, replacing $5 fee with $10 fee, adding provisions re registration by person age 65 or older, added new Subsec. (b) re fee for new registration or renewal, designated existing provision re greenhouse reduction fee as Subsec. (c) and amended same by adding provisions re first $3,000,000 received from payment of fee to be deposited into Connecticut hydrogen and electric automobile purchase rebate program account, revenue in excess of $3,000,000 to be deposited into General Fund and fee not subject to refund, effective January 1, 2020; P.A. 21-40 made technical changes in Subsecs. (a) and (b); June Sp. Sess. P.A. 21-2 amended Subsec. (a) by replacing $10 fee with $15 fee and deleting provisions re registration for biennial period and registration by person age 65 or older, amended Subsec. (b) by adding $7.50 fee for triennial period, deleting reference to 1-year registration and exception for new motor vehicle and making a technical change, and amended Subsec. (c) by changing reference to Sec. 14-49(aa) to Sec. 14-49(z), effective June 23, 2021; P.A. 22-25 amended Subsec. (c) by replacing provision re first $3,000,000 to be deposited into account with provision re payments collected to be deposited into account, replacing reference to Sec. 22a-202(c) with reference to Sec. 22a-202(h), deleting provision re excess revenue to be deposited into General Fund and made a technical change, effective July 1, 2022.

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Sec. 22a-201d. Zero-emission school buses and alternative fuel school buses. Grant program for the purchase or lease of zero-emission school buses. Provision of administrative and technical assistance regarding use of zero-emission school buses. (a) As used in this section, (1) “zero-emission school bus” has the same meaning as provided in 42 USC 16091(a)(8), as amended from time to time, (2) “alternative fuel school bus” means a school bus that reduces emissions and is operated entirely or in part using liquefied natural gas, compressed natural gas, hydrogen, propane or biofuels, and (3) “environmental justice community” has the same meaning as provided in subsection (a) of section 22a-20a.

(b) Except as provided in subsection (c) of this section, (1) on and after January 1, 2035, one hundred per cent of the school buses that provide transportation for all school districts in the state shall be zero-emission school buses or alternative fuel school buses, and (2) on and after January 1, 2040, one hundred per cent of the school buses that provide transportation for all school districts in the state shall be zero-emission school buses.

(c) On and after January 1, 2030, one hundred per cent of the school buses that provide transportation for school districts entirely within an environmental justice community as of July 1, 2022, or in an area that encompasses at least one environmental justice community as of July 1, 2022, shall be zero-emission school buses.

(d) The Commissioner of Energy and Environmental Protection shall establish and administer a grant program for the purpose of providing matching funds necessary for municipalities, school districts and school bus operators to submit federal grant applications in order to maximize federal funding for the purchase or lease of zero-emission school buses and electric vehicle charging or fueling infrastructure. Applications for such grants shall be filed with the commissioner at such time and in such manner as the commissioner prescribes. The commissioner shall give preference to applications concerning the purchase or lease of a zero-emission school bus that will be operated primarily in an environmental justice community. The commissioner shall determine the amount a municipality, school district or school bus operator shall be required to provide to match such grant.

(e) The Commissioner of Energy and Environmental Protection shall, within available funds and appropriations, provide administrative and technical assistance to municipalities, school districts and school bus operators that are transitioning to the use of zero-emission school buses, applying for federal grants for such buses and installing electric vehicle charging and fueling infrastructure.

(P.A. 22-25, S. 13.)

History: P.A. 22-25 effective July 1, 2022.

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Sec. 22a-201e. Voucher program to support deployment of certain vehicles and school buses equipped with zero-emission technology and installation of electric vehicle charging infrastructure. On and after January 1, 2023, the Commissioner of Energy and Environmental Protection, in consultation with the Commissioners of Motor Vehicles, Transportation and Education, may establish, within available funding, a voucher program to support the (1) deployment of any vehicle classified within Class 5 to Class 13, inclusive, by the Federal Highway Administration's vehicle category classification system, as amended from time to time, and any school bus classified within Class 3 to Class 8, inclusive, by said classification system, that is equipped with zero-emission technology, including, but not limited to, battery electric and fuel cell systems, and (2) installation of electric vehicle charging infrastructure. Applications for the voucher program shall be filed with the Commissioner of Energy and Environmental Protection at such time and in such manner as the commissioner prescribes. In awarding any such voucher, the Commissioner of Energy and Environmental Protection shall consider the amount of funding available and set aside forty per cent of such funding to be used toward maximizing air pollution reductions in environmental justice communities. Vouchers shall not be awarded for vehicle classes where there is no commercially available zero-emission technology.

(P.A. 22-25, S. 14.)

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Sec. 22a-202. Connecticut Hydrogen and Electric Automobile Purchase Rebate program. (a) As used in this section, (1) “environmental justice community” has the same meaning as provided in subsection (a) of section 22a-20a, (2) “battery electric vehicle”, “electric vehicle”, “fuel cell electric vehicle” and “plug-in hybrid electric vehicle” have the same meanings as provided in section 16-19eee, and (3) “electric bicycle” has the same meaning as provided in section 14-1.

(b) The Commissioner of Energy and Environmental Protection shall establish and administer a Connecticut Hydrogen and Electric Automobile Purchase Rebate program.

(c) There is established a Connecticut Hydrogen and Electric Automobile Purchase Rebate Advisory Board, which shall be within the Department of Energy and Environmental Protection for administrative purposes only. The advisory board shall advise the Commissioner of Energy and Environmental Protection concerning priorities for the allocation, distribution and utilization of funds for the Connecticut Hydrogen and Electric Automobile Purchase Rebate program. The advisory board shall consist of the Commissioner of Energy and Environmental Protection or the commissioner's designee, the Commissioner of Consumer Protection or the commissioner's designee, the president of the Connecticut Green Bank or the president's designee, the chairperson of the Public Utilities Regulatory Authority or the chairperson's designee and ten members appointed as follows: (1) One representative of an environmental organization knowledgeable in electric vehicle policy appointed by the speaker of the House of Representatives; (2) one member who is an owner or manager of a business engaged in the sale or repair of bicycles appointed by the president pro tempore of the Senate; (3) one representative of an organization that represents the interests of an environmental justice community appointed by the majority leader of the House of Representatives; (4) one representative of an association representing automotive retailers in the state appointed by the majority leader of the Senate; (5) one representative of an association representing electric vehicle consumers appointed by the minority leader of the House of Representatives; (6) one member appointed by the minority leader of the Senate; (7) one representative of an organization interested in the promotion of walking or bicycling appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to transportation; (8) one member appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to transportation; (9) one representative of an association representing electric vehicle manufacturers appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to transportation; and (10) one member appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to transportation. The Commissioner of Energy and Environmental Protection may appoint to the advisory board not more than three additional representatives from other industrial fleet or transportation companies. Each member appointed pursuant to subdivisions (1) to (10), inclusive, of this subsection or appointed by the Commissioner of Energy and Environmental Protection shall serve for a term of two years and may service until such member's successor is appointed. The Commissioner of Energy and Environmental Protection, or the commissioner's designee, shall serve as chairperson of the advisory board. The advisory board shall meet at such times as it deems necessary and may establish rules governing its internal procedures.

(d) On and after July 1, 2022, the Commissioner of Energy and Environmental Protection shall establish and administer a program to provide rebates or vouchers to residents, municipalities, businesses, nonprofit organizations and tribal entities located in this state when such residents, municipalities, businesses, organizations or tribal entities purchase or lease a new or used battery electric vehicle, plug-in hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in consultation with the advisory board, shall establish and revise, as necessary, appropriate rebate levels, voucher amounts and maximum income eligibility for such rebates or vouchers. The commissioner shall prioritize the granting of rebates or vouchers to residents of environmental justice communities, residents having household incomes at or below three hundred per cent of the federal poverty level and residents who participate in state and federal assistance programs, including, but not limited to, the state-administered federal Supplemental Nutrition Assistance Program, state-administered federal Low Income Home Energy Assistance Program, a Head Start program established pursuant to section 10-16n or assistance provided by Operation Fuel, Incorporated. Any such rebate or voucher awarded to a resident of an environmental justice community shall be in an amount up to one hundred per cent more than the standard rebate level or voucher amount. An eligible municipality, business, nonprofit organization or tribal entity may receive not more than ten rebates or vouchers a year, within available funds, and not more than a total of twenty rebates or vouchers, except the commissioner may issue additional rebates or vouchers to an eligible business or nonprofit organization that operates a fleet of motor vehicles exclusively in an environmental justice community. On and after July 1, 2022, and until June 30, 2027, inclusive, a battery electric vehicle, plug-in hybrid electric vehicle or fuel cell electric vehicle that is eligible for a rebate or voucher under the program shall have a base manufacturer's suggested retail price of not more than fifty thousand dollars.

(e) As a part of the Connecticut Hydrogen and Electric Automobile Purchase Rebate program, the Commissioner of Energy and Environmental Protection shall also establish and administer a program to provide rebates or vouchers to residents of the state who purchase an electric bicycle. The commissioner, in consultation with the advisory board, shall establish and revise, as necessary, maximum income eligibility for such rebates or vouchers. Any such rebate or voucher amount shall be in an amount not less than five hundred dollars. The rebate or voucher program shall be designed to maximize the air quality benefits associated with the deployment of electric bicycles and prioritize providing vouchers to residents of environmental justice communities, residents having household incomes at or below three hundred per cent of the federal poverty level, and residents who participate in state and federal assistance programs, including, but not limited to, the state-administered federal Supplemental Nutrition Assistance Program, state-administered federal Low Income Home Energy Assistance Program, a Head Start program established pursuant to section 10-16 or assistance provided by Operation Fuel, Incorporated. On and after July 1, 2022, and until June 30, 2027, inclusive, an electric bicycle that is eligible for a rebate or voucher under the program shall have a base manufacturer's suggested retail price of not more than three thousand dollars.

(f) The Commissioner of Energy and Environmental Protection shall evaluate the Connecticut Hydrogen and Electric Automobile Purchase Rebate program on an annual basis. Not later than June 20, 2024, and annually thereafter, the commissioner shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and transportation regarding the status and effectiveness of such program. Such report shall include information on program participation and the environmental benefits accruing to environmental justice communities and communities overburdened by air pollution.

(g) The Commissioner of Energy and Environmental Protection shall conduct outreach programs and implement a marketing campaign for the promotion of the Connecticut Hydrogen and Electric Automobile Purchase Rebate program.

(h) There is established an account to be known as the “Connecticut hydrogen and electric automobile purchase rebate program account” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Commissioner of Energy and Environmental Protection for the purposes of (1) administering the Connecticut Hydrogen and Electric Automobile Purchase Rebate program and the voucher program established pursuant to section 22a-201e, and (2) paying the staffing needs associated with administering the grant program for zero-emission buses and providing administrative and technical assistance for such grant program pursuant to section 22a-201d.

(P.A. 19-117, S. 94; P.A. 22-25, S. 7.)

History: P.A. 22-25 added new Subsec. (a) re definitions, added new Subsec. (b) re establishing and administering program, redesignated existing Subsec. (a) as Subsec. (c) and substantially amended same to replace Connecticut Hydrogen and Electric Automobile Purchase Rebate Program Board with Connecticut Hydrogen and Electric Automobile Purchase Rebate Program Advisory Board and add provisions re advising commissioner, members to advisory board and terms of service, redesignated existing Subsec. (b) as Subsec. (d) and substantially amended same to replace reference to January 1, 2022, until December 31, 2025, with reference to July 1, 2022, replace reference to board with reference to commissioner and add provisions re prioritization of and eligibility for rebates and vouchers, added Subsec. (e) re rebates or vouchers to residents who purchase electric bicycle, designated existing provision re evaluation of program as Subsec. (f) and amended same to add provision re report, added Subsec. (g) re outreach programs and marketing campaign, redesignated existing Subsec. (c) as Subsec. (h) and amended same to replace Connecticut Hydrogen and Electric Automobile Purchase Rebate Board with commissioner, designate existing provision re program as Subdiv. (1) and amend same to add provision re voucher program and add Subdiv. (2) re staffing needs, effective July 1, 2022 and applicable to appointments made on and after said date.

See Sec. 4-38f for definition of “administrative purposes only”.

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Secs. 22a-203 to 22a-206. Reserved for future use.

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