Transfer of Permit Ownership Procedures
In accordance with Subchapters V and X of the Vermont Air Pollution Control Regulations, Air Pollution Control Permits are issued to the legal entity that owns and/or operates, or is otherwise responsible for the air pollution emissions from, a stationary source. When there is a change in the legally registered name and/or a transfer in ownership or operational control of such a facility where a new legal entity will now be responsible for the facility, the Air Quality & Climate Division (Agency) requires the new entity to request transfer of said Permit within thirty (30) days following the official date of transfer. Failure to notify the Agency of the transfer in ownership in a timely manner may result in loss of the existing permit and consequently a violation for failure to obtain a valid Air Pollution Control Permit for operation of the source. Further, failure to notify the Agency in a timely manner may also lead to the requirement to cease operations of the source until a new permit is obtained, with such permit subject to all the requirements of a new source constructed today.
To request a change in name or the transfer of ownership of an Air Pollution Control Permit, please complete the Transfer of Ownership form below. The Transfer of Ownership form also requires the submittal of the following as applicable: 1) A written agreement containing the specific date of transfer of permit and registration responsibility, coverage, and liability, and including how annual registration data fees will be handled, between the prior and new owner, 2) the separate Certification of Information Accuracy form, and 3) the permit application fee of $150 made payable to the “State of Vermont Air Quality & Climate Division”.
Upon submittal of the Transfer of Ownership form, the terms and conditions of the existing Permit issued to the prior owner/operator shall remain in full force and effect and be binding upon the new owner/operator until the issuance of an amended Permit or denial. Should the transfer request be denied, the new owner and/or operator must take whatever action is necessary to comply with the denial.
The Transfer of Ownership form can be found at Air Pollution Control Permits to Construct and/or Operate Transfer of Ownership Procedures.