ELR Citation: ELR 20251
No(s). 14185 (Conn. May 21, 1991)

The court holds that the Connecticut Department of Environmental Protection (DEP) properly issued solid waste construction and air emissions permits for the construction of a proposed resource recovery facility. The court first holds that the application for the solid waste construction permit was complete. The court holds that the legislature intended that the decision of what information must be included in a solid waste construction permit application is a matter within the DEP's discretion. Furthermore, by rendering a decision on the permit application, the DEP implicitly interpreted the regulation as requiring the application to include only the information that it deemed necessary. The court also holds that the DEP reasonably determined that evidence of investigations, alleged violations of pertinent statutes, and pending proceedings involving the parent company of one of the permit applicants did not require denial of the application for a solid waste construction permit. The court next holds that the applicants were not required to conduct an analysis of emissions of particulate matter with a diameter of 10 micrometers or less (PM-10) in order to obtain an air emissions permit. The applicants submitted a complete application for an air emissions permit before July 31, 1987. Therefore, the requirements of 40 C.F.R. §52.21 in effect before July 31, 1987, govern the application, and PM-10 is not a pollutant subject to regulation under those regulations. Finally, the court holds that the DEP properly granted the air emissions permit despite an alleged inadequacy of the applicants' prevention of significant deterioration (PSD) analysis. Plaintiffs do not challenge the DEP's conclusion that the proposed facility will comply with applicable federal and state regulations governing new stationary sources of air emissions, including regulations designed to ensure PSD.

Counsel for Plaintiffs-Appellants
Kathleen Eldergill
Beck & Eldergill
447 Center St., Manchester CT 06040
(203) 646-5606

Counsel for Defendant-Appellee
Richard Blumenthal, Attorney General; Robert B. Teitelman, Ass't Attorney General
55 Elm St., Hartford CT 06106
(203) 566-3579

Before SHEA, GLASS, COVELLO, HULL, and BORDEN, JJ.