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Searching 2023-2024 Session

The Vermont Statutes Online


Title 10 : Conservation and Development


(Cite as: 10 V.S.A. § 552)
  • § 552. Definitions

    As used in this chapter:

    (1) “Agency” means the Agency of Natural Resources.

    (2) “Air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof.

    (3) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants in such quantities, and duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property. Such effects may result from direct exposure to air contaminants, from deposition of air contaminants to other environmental media, or from alterations caused by air contaminants to the physical or chemical properties of the atmosphere.

    (4) [Repealed.]

    (5) “Emission” means a release into the outdoor atmosphere of air contaminants.

    (6) “Person” shall mean an individual, partnership, corporation, association, unincorporated organization, trust, or any other legal or commercial entity, including a joint venture or affiliated ownership. The word “person” also means any subdivision, agency, or instrumentality of this State, of any other state, of the United States, or of any interstate body.

    (7) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

    (8) “Ozone-depleting chemical” means manufactured substances that are known or reasonably may be anticipated to cause or contribute to depletion of ozone in the earth’s stratosphere.

    (A) Primary ozone-depleting chemicals include:

    (i) chlorofluorocarbon-11.

    (ii) chlorofluorocarbon-12.

    (iii) chlorofluorocarbon-113.

    (iv) chlorofluorocarbon-114.

    (v) chlorofluorocarbon-115.

    (vi) halon-1211.

    (vii) halon-1301.

    (viii) halon-2402.

    (ix) carbon tetrachloride.

    (x) methyl chloroform.

    (B) Other ozone-depleting chemicals include:

    (i) hydrochlorofluorocarbon-22.

    (ii) hydrochlorofluorocarbon-123.

    (iii) hydrochlorofluorocarbon-124.

    (iv) hydrochlorofluorocarbon-141(b).

    (v) hydrochlorofluorocarbon-142(b).

    (C) The Secretary may list, by rule, other manufactured substances that are known or reasonably may be anticipated to cause or contribute to depletion of stratospheric ozone.

    (9) “Reasonably available control technology” means devices, systems, process modifications, or other apparatus or techniques designed to prevent or control emissions that are reasonably available, taking into account the social, environmental, and economic impact of such controls, and alternative means of emission control.

    (10) “Schedule of compliance” means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to timely compliance with applicable requirements related to the control of air contaminant emissions or the prevention or control of air pollution.

    (11) “Greenhouse gas” means any chemical or physical substance that is emitted into the air and that the Secretary may reasonably anticipate to cause or contribute to climate change, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (Added 1967, No. 310 (Adj. Sess.), § 2; amended 1971, No. 212 (Adj. Sess.), § 1; 1979, No. 195 (Adj. Sess.), § 1, eff. May 6, 1980; 1987, No. 76, § 18; 1991, No. 266 (Adj. Sess.), § 3; 1993, No. 92, § 2; 2003, No. 115 (Adj. Sess.), § 11; 2007, No. 209 (Adj. Sess.), § 3.)