### [(3) An application to renewor, pursuant to subsection (r) of this

section, to modify a Title V permit, shall include all of the information required pursuant to subsection (g) of this section and shall indicate how, if at all, such application differs from the application for the permit sought to be renewed or modified .] [(4) If the owner or operator of a Title V source makes a timely and sufficient application for a newTitle V permit pursuant to this subsection, such owner or operator shall not be liable for failure to previously have obtained such a permit, provided such owner or operator shall be liable for such failure if he does not timely provide information requested pursuant to a notice of the commissioner issued pursuant to subdivision (1) of this subsection .) [(5)) (3) The owner or operator of a Title V source shall submit a copy of [his) THE application for a Title V permit, or for renewal or modification thereof, and of any compliance plan prepared under subsection (i) of this section, to the Administrator at the same time such owner or operator submits [such documents] THE APPLICATION to the commissioner

. (i) Compliance HISTORY, Plans WITH SCHEDULES AND CERTIFICATIONS

. (1) [Together with his application for a Title V permit, the applicant shall submit to the commissioner in writing a compliance plan which, describes the compliance status of the subject source with respect to all applicable requirements, in accordance with this subdivision, and which plan meets the other requirements of this subsection

. For the purposes of this section, compliance status means the degree to which the applicant is in compliance with all applicable requirements

. The information in the compliance plan shall be consistent with the requirements of any judgement or administrative order against the applicant concerning such source
. The compliance plan shall contain a certification pursuant to subdivision (b)(4) of this section and a compliance certification pursuant to subdivision (q)(2) of this section

. The compliance plan shall provide information on each of the following proceedings involving the owner or operator .] EACH APPLICATION FOR A TITLE V PERMIT SHALL INCLUDE : (A) A COMPLIANCE HISTORY, IF REQUIRED BY THE COMMISSIONER, IN ACCORDANCE WITH SECTION 22a-6m OF THE CONNECTICUT GENERAL STATUTES ; 

### [(A) Any criminal conviction involving a violation of any environmental protection law if such violation occurred within the five (5) years immediately preceding the date the application is submitted;] [(B) any civil penalty imposed in any state or federal judicial proceeding, or any civil penalty exceeding five thousand

402

### (5,000) dollars imposed in any administrative proceeding, for a violation of any environmental protection law if such violation occurred within five (5) years immediately preceding the date the application is submitted; and] [(C) any judicial or administrative orders issued to the applicant regarding any such violation .] [With respect to any such proceeding initiated by the commissioner or the Connecticut Attorney General, the applicant shall provide the docket, case, or order number or, if there is no such number, other identifying information; the date such proceeding commenced; and, if such proceeding has terminated, the date it terminated

. With respect to any such proceeding by another state or by an agency thereof or by the federal government, the applicant shall provide a copy of the complaint, order, or other official document which initiated such proceeding and, if such proceeding has terminated, a copy of the final judgement, decree, order, decision, or other official document which terminated such proceeding .] (B) A COMPLIANCE PLAN, IN ACCORDANCE WITH 40 CFR 70.5(c)(8) , THAT DESCRIBES THE COMPLIANCE STATUS OF THE TITLE V SOURCE WITH RESPECT TO ALL APPLICABLE REQUIREMENTS AND INCLUDING THE FOLLOWING: 

### [(2)](i) [With] WITH respect to applicable requirements with which

the subject source is in compliance at the time the application is submitted, the applicant shall submit with [his] THE application a statement that the owner and operator of such source will continue to comply with such requirements [

. ] , (ii) WITH RESPECT TO APPLICABLE REQUIREMENTS WHICH WILL NOT TAKE EFFECT UNTIL AFTER THE REASONABLY ANTICIPATED ISSUANCE DATE OF THE TITLE V PERMIT SOUGHT BY THE APPLICANT, THE APPLICANT SHALL SUBMIT A STATEMENT THAT THE OWNER AND OPERATOR OF SUCH SOURCE WILL COMPLY AND CONTINUE TO COMPLY WITH SUCH REQUIREMENTS ONCE THEY ARE APPLICABLE, (iii) WITH RESPECT TO APPLICABLE REQUIREMENTS FOR WHICH THE

SOURCE IS NOT IN COMPLIANCE AT THE TIME OF PERMIT ISSUANCE, A DESCRIPTION OF HOWTHE OWNER AND OPERATOR OF SUCH SOURCE WILL ACHIEVE COMPLIANCE WITH SUCH REQUIREMENTS IN ACCORDANCE WITH THE COMPLIANCE PLAN, AND (iv) FOR EACH APPLICABLE REQUIREMENT IDENTIFIED IN ACCORDANCE WITH SUBPARAGRAPHS (B)(ii) AND (B)(iii) OF THIS SUBDIVISION, A COMPLIANCE SCHEDULE, WHICH SHALL BE AT LEAST AS STRINGENT AS ANY REQUIREMENT CONTAINED IN ANY FINAL JUDGMENT OR DECREE OR ANY ADMINISTRATIVE ORDER TO WHICH THE APPLICANT IS SUBJECT, SPECIFYING THE DATES BY



### 403WHICH MEASURES WILL BE TAKEN TO BRING THE TITLE V SOURCE INTO COMPLIANCE WITH THE APPLICABLE REQUIREMENT; [(3)](C) A COMPLIANCE CERTIFICATION, WHICH MEETS THE REQUIREMENTS

OF SUBSECTION (q) OF THIS SECTION AND 40 CFR 70 .5(c)(9), THAT SHALL REQUIRE: (i) THE SUBMISSION OF CERTIFIED PROGRESS REPORTS IN ACCORDANCE WITH SUBDIVISION (q)(1) OF THIS SECTION, AND (ii) THE SUBMISSION OF COMPLIANCE CERTIFICATIONS IN ACCORDANCE WITH SUBDIVISION (q)(2) OF THIS SECTION

. (2) THE SUBMITTAL OF A COMPLIANCE SCHEDULE UNDER SUBDIVISION (1)(B)(iv) OF THIS SUBSECTION SHALL NOT PRECLUDE THE COMMISSIONER FROM IMPOSING A MORE STRINGENT COMPLIANCE SCHEDULE OR TAKING ENFORCEMENT ACTION AGAINST THE OWNER OR OPERATOR OF THE TITLE V SOURCE FOR SUCH NONCOMPLIANCE

. (3) THE COMPLIANCE PLAN CONTENT REQUIRED BY THIS SUBSECTION SHALL BE INCLUDED IN THE ACID RAIN PORTION OF A COMPLIANCE PLAN FOR A TITLE V SOURCE THAT IS ALSO SUBJECT TO ANY PROVISION OF 40 CFR 72 THROUGH 78, INCLUSIVE, EXCEPT AS SPECIFICALLY SUPERSEDED THEREIN

. 

### [(3) The compliance plan required by this subsection shall include a schedule for bringing the subject source into compliance with each applicable requirement

. Such schedule shall include a schedule of remedial measures to be taken, assuring compliance by specified dates, with such applicable requirements for which the Title V source will be in noncompliance at the time of Title V permit issuance

. Such submittal of a compliance schedule shall not preclude the commissioner from taking enforcement action.] [(4) With respect to applicable requirements with which the subject source is not in compliance at the time the application is submitted and which will not take effect until after the reasonably anticipated issuance date of the Title V permit sought by the applicant, the applicant shall submit a statement that the such source will comply with such requirements by such dates .] [(5) Notwithstanding subdivisions (1) through (4) of this subsection, for any Title V source that comprises one or more emission units subject to any provision of 40 CFR Parts 72 through 78, inclusive, the applicable requirements with regard to such schedule and compliance methods, shall be identified as required by this subsection, except as specifically superseded by 40 CFR Parts 72 through 78, inclusive .] [(6) Such schedule shall require the submission of certified progress reports in accordance with subdivision (q)(1) of this section, no less frequently than once every six (6) months

.
404

### (7) Such schedule shall require the submission of compliance

certifications in accordance with subdivision (q)(2) of this section, no less frequently than one every twelve (12) months .] (j) Standards for Issuing and Renewing Title V permits

. (1) EXCEPT WITH RESPECT TO AN APPLICATION FOR A TITLE V PERMIT FOR A SOURCE SUBJECT TO A DEADLINE PURSUANT TO 40 CFR 72 THROUGH 78, INCLUSIVE, WITHIN EIGHTEEN (18) MONTHS OF RECEIVING A TITLE V PERMIT APPLICATION, AND WITHIN TWELVE (12) MONTHS OF RECEIVING AN APPLICATION TO MODIFY OR RENEWA TITLE V PERMIT, [The] THE commissioner shall [take final action with respect to a sufficient application within eighteen (18) months of receiving a such application,] MAKE A DECISION TO GRANT OR DENY SUCH APPLICATION

. [and] THE COMMISSIONER shall submit a copy of such [final action] DECISION to the Administrator

. Failure of the commissioner to act within such period shall not entitle the applicant to PERMIT issuance, modification or renewal of any Title V permit

. The commissioner shall not issue a Title V permit_, PERMIT MODIFICATION, OR PERMIT RENEWAL to the owner or operator of a Title V source unless the commissioner determines that [such owner or operator is likely to be able to comply] THE SUBJECT SOURCE IS IN COMPLIANCE OR WILL BE IN COMPLIANCE with all relevant and applicable requirements and [such] THE permit OR PERMIT MODIFICATION [provides as follows] CONTAINS THE FOLLOWING CONDITIONS : (A) [The permit expires on a] AN EXPIRATION date no later than five (5) years after the date the commissioner issues such permit[ .] ; (B) [The permit contains a] A statement that [upon expiration of the permit the permittee shall not continue to operate the subject source, unless he has filed a timely and sufficient renewal application in accordance with subsections (g), (h) and (i) of this section and any other applicable provisions of law

.] ALL OF THE TERMS AND CONDITIONS OF THE PERMIT SHALL REMAIN IN EFFECT UNTIL THE RENEWAL PERMIT IS ISSUED OR DENIED PROVIDED THAT A TIMELY RENEWAL APPLICATION IS FILED IN ACCORDANCE WITH THIS SECTION; (C) [The permit contains a] A statement that the permittee shall operate the [subject] source in compliance with the terms of all applicable [administrative] regulations, the terms of such permit, and any other applicable provisions of law

. In addition, the permit [states] SHALL STATE THAT any noncompliance [with such permit] constitutes -a violation of the Act and is grounds for enforcement action[ ;], [for] permit termination, revocation[,] AND REISSUANCE_, or modification[ ;], [or for] AND denial of a permit renewal application[ .] ;



### 405(D) [The permit identifies] A STATEMENT OF the legal authority AND TECHNICAL ORIGIN for each PERMIT term or condition [thereof], including any difference in form from the applicable requirement upon which the term or condition is based[ .] ; (E) [The permit identifies] A STATEMENT IDENTIFYING which terms or conditions [thereof] OF THE PERMIT are federally enforceable and which [terms or conditions thereof] are enforceable only by the commissioner, and [the permit states] EXPLAINING that the federally enforceable

. provisions, AND THOSE NOT OTHERWISE IDENTIFIED AS ENFORCEABLE ONLY BY THE COMMISSIONER, are enforceable by the Administrator and the citizens under the Act[ .] ; 

### (F) If the subject source is required by an applicable requirement to limit emissions of a regulated air pollutant, the permit imposes such limits, provided that, where allowed by such applicable requirement : [(i) such limits shall be no less than one (1) ton per year for each emission unit, for total suspended particulates, sulfur oxides, nitrogen oxides, volatile organic compounds, carbon monoxide, and PM 10; and] [(ii)](i) such limits [shall be] ARE no less than 1,000 pounds

per year or any quantity prescribed by 40 CFR [Part] 63, WHICHEVER IS MORE STRINGENT_, for each emission unit, for any hazardous air pollutant[ .], AND (ii) FOR ALL OTHER REGULATED AIR POLLUTANTS SUCH LIMITS ARE NO LESS THAN ONE (1) TON PER POLLUTANT PER YEAR FOR EACH EMISSION UNIT; (G) [The permit states that it] A STATEMENT THAT THE PERMIT shall not be deemed to : (i) preclude the creation or use of emission reduction credits OR ALLOWANCES or the trading [of such credits] THEREOF in accordance with subparagraphs (I) and (P) of this subdivision[ ;], (ii) authorize emissions of an air pollutant so as to exceed levels that [might otherwise be] ARE prohibited under 40 CFR [Part] 72 [ ;] , 

### (iii) authorize the use of allowances pursuant to 40 CFR

[Parts] 72 through 78, inclusive, as a defense to noncompliance with any [other] applicable requirement[ ;], or

### (iv) impose limits on emissions from items or activities specified in subparagraphs (A) and (B) of subdivision (g)(3) of this section unless imposition of such limits is required by an applicable requirement[ .] ; (H) [For each emissions unit covered by such permit, the permit contains all] A STATEMENT OF ALL limitations, requirements, and standards that apply to [the subject source] EACH EMISSION UNIT .[, including without limitation] SUCH STATEMENT SHALL INCLUDE: 

### (i) those operational limitations, requirements and standards necessary to assure compliance with all applicable requirements, including 40 CFR [Part] 63 ( ;1, and (ii) any applicable requirement of 40 CFR Part 72 through 78, inclusive [ .] ; (I) [The permit contains] A STATEMENT OF all [allowable] alternative emission limits or means of compliance ALLOWED BY THE COMMISSIONER
. Such alternative emission limits OR MEANS shall be quantified, AND legally enforceable, and the method for [achieving] DEMONSTRATING COMPLIANCE WITH such limits shall BE based upon replicable procedures

. The permit may contain an emissions limitation facilitating [intra-premise] INTRA-PREMISES EMISSION REDUCTION trades allowed by [subparagraph (A) of subdivision (r)(3)] SUBSECTION (r) of this section and any other applicable 

### requirements [

. ] ; (J) [The permit contains] A STATEMENT OF all terms and conditions applicable to any [legally permissible] ALLOWABLE alternative operating scenario[ .], INCLUDING A REQUIREMENT [The permit must provide] that each such alternative operating scenario shall meet all applicable requirements[ .] AND NOT RESULT IN ADVERSE EFFECTS ON PUBLIC HEALTH OR THE ENVIRONMENT; (K) [The permit requires] A REQUIREMENT THAT the permittee [to] monitor regulated air pollutants emitted by the subject source to determine compliance with applicable emission limitations and [standard] STANDARDS

. Unless otherwise required by an applicable requirement, such monitoring shall cover items and activities other than those listed in subdivision (g)(3) of this section and other than emissions belowthe levels of emissions prescribed in subparagraph (1)(F) [of subdivision (1)] of this subsection
. Such monitoring REQUIREMENTS shall consist of one or more of the following:(i) all emissions monitoring and analysis procedures or test methods required [under the] BY applicable requirements, including any procedures and methods required pursuant to 40 CFR Part 70 [ ;], and (ii) where an applicable requirement does not require

periodic testing or instrumental or noninstrumental monitoring, [the permittee may be required by the permit to conduct] periodic monitoring or recordkeeping sufficient to yield reliable data (from] DURING the relevant time period (that] WHICH DATA is representative of the emissions or parameters required by the permit to be monitored

. Recordkeeping (may) SHALL be sufficient to meet the requirements of this subsection IF SO DETERMINED BY THE COMMISSIONER[ .] ; (L) [The permit contains all permit] ALL requirements for emissions monitoring analysis procedures and test methods

. SUCH REQUIREMENTS SHALL SPECIFY TO THE EXTENT APPLICABLE : WHAT MONITORING EQUIPMENT SHALL BE INSTALLED AND USED OR THE MONITORING METHOD THAT SHALL BE USED; MAINTENANCE PROCEDURES FOR THE MONITORING EQUIPMENT; AND UNITS OF MEASUREMENT, AVERAGING PERIODS, AND OTHER MEASUREMENTS CONVENTIONS, CONSISTENT WITH APPLICABLE REQUIREMENTS

. (shall, as appropriate, specify the use, maintenance, and installation of monitoring equipment or methods, monitoring requirements, terms, units of measurement, averaging periods, and other statistical conventions consistent with the applicable requirement and good engineering practices .] ; (M) [The permit provides] A STATEMENT that the commissioner may, for the purpose of determining compliance with the permit and other applicable requirements, enter the (subject source] PREMISES at reasonable times to inspect any facilities, equipment, practices, or operations regulated or required under the permit ; to sample or OTHERWISE monitor substances or parameters ; and to (have access to] review and copy relevant records(, at reasonable times,] lawfully required to be maintained at such (source] PREMISES in accordance with the permit[ .] ; (N) [The permit contains all] ALL (applicable] recordkeeping requirements and all reporting AND NOTIFICATION requirements pursuant to subsections (o), (p) and (q) of this section[ .] ; [(0) The permit contains a] INCLUDING A requirement that the permittee shall report in writing to the commissioner any DEVIATION PROVIDED UNDER SUBSECTION (p) IN ACCORDANCE WITH SUBSECTION (p) OF THIS SECTION [deviation caused by upset or control equipment deficiencies, any deviation from a permit requirement, the likely cause of such deviation, and any

408

### corrective actions to address such deviation; such report shall be made within ninety (90)days of such deviation .] ; (0) THE CONDITIONS UNDER WHICH THE PERMIT WILL BE REOPENED PRIOR TO THE EXPIRATION OF THE PERMIT AS IDENTIFIED IN 40 CFR 70 .7 (f) (1) (i) THROUGH (iv) ; (P) [The permit contains any] ANY terms and conditions necessary to enable the permittee to create, use, and trade emissions reduction credits OR ALLOWANCES in accordance with sections 22a-174f and 22a-174i of the [general statutes] CONNECTICUT GENERAL STATUTES, ANY REGULATIONS ADOPTED THEREUNDER_, and with the provisions of [the EPA's "Economic Incentive Program Rules", published April 7, 1994 (Federal Register, Volume 59, Number 67)] 40 CFR 51 SUBPART U

. Such terms and conditions, to the extent that the applicable requirements provide for trading without the commissioner's or Administrator's case-by-case approval of each emission trade,

. shall meet all the applicable requirements[ .] ; 

### (Q) [The permit contains a] A schedule [that identifies the methods the permittee shall use for achieving compliance with applicable requirements and the dates by which compliance shall be reached, in addition to dates] for monitoring, recordkeeping, and reporting with respect to (such actions

. Such schedule may be based on information provided in] the compliance plan submitted in accordance with subsection (i) of this section[ .] ; (R) [The permit contains a] A severability clause to ensure the continued validity of provisions remaining in [such] THE TITLE V permit [after] IF other provisions [have been] ARE legally invalidated[ .] ; (S) [The permit may contain any] ANY term or condition of any other permit_, OR REGISTRATION THEREUNDER,[to construct or operate] issued to the permittee pursuant to section 22a-174 of the [general statutes] CONNECTICUT GENERAL STATUTES OR ANY TERM OR CONDITION OF ANY ORDER ISSUED BY THE COMMISSIONER PRIOR TO ISSUANCE OF THE TITLE V PERMIT, MODIFICATION OR RENEWAL THEREOF[ .] ; (T) [The permit states that the permittee0s need to halt or reduce operations at the subject source shall not be a defense in an enforcement action concerning a violation of the permit .] A STATEMENT THAT IT SHALL NOT BE A DEFENSE FOR THE PERMITTEE IN AN ENFORCEMENT ACTION THAT IT WOULD HAVE BEEN NECESSARY TO HALT OR REDUCE THE PERMITTED ACTIVITY IN ORDER TO MAINTAIN COMPLIANCE WITH THE CONDITIONS OF THIS PERMIT;(U) [The permit states] A STATEMENT that [it] THE PERMIT may be modified, revoked, reopened, reissued-, or suspended by the (commissioner, or the] Administrator in accordance with [this section] 40 CFR 70.7(f), 40 CFR 70 .7(g) AND 40 CFR 70,6(a)(6)(iii), AND THAT IT MAY BE MODIFIED, REVOKED OR SUSPENDED BY THE COMMISSIONER IN ACCORDANCE WITH [section] SECTIONS 4-182 AND 22a-174c of the [general statutes] CONNECTICUT GENERAL STATUTES, or (subsection (d) of section 22a-3a-5] SECTION 22a-3a-5(d) of the Regulations of Connecticut State Agencies[ .] ; 

### (V) [The permit states] A STATEMENT that the filing of an application [by a permittee for a permit modification, reissuance, or termination,] or of a notification of planned changes or anticipated noncompliance does not stay [any condition of such permit .] THE PERMITTEEOS OBLIGATION TO COMPLY WITH THE PERMIT ; 

### (W) [The permit states] A STATEMENT that the permit does not convey any property rights or any exclusive privileges[ .] ; (X), (The permit requires] A REQUIREMENT THAT the permittee (to] submit additional information IN WRITING, at the commissioner's request, within [a reasonable time] THIRTY (30) DAYS OF RECEIPT OF NOTICE FROM THE COMMISSIONER OR BY SUCH OTHER DATE SPECIFIED BY THE COMMISSIONER, WHICHEVER IS EARLIER, including [any] information [that the commissioner may request in writing] to determine whether cause exists for modifying, revoking, REOPENING,[and] reissuing, or [terminating] SUSPENDING the permit or to determine compliance with the permit[ .] ; (Y) [The permit specifies the] THE conditions under which the permit will be modified (prior to the expiration of the permit .] AND REFERENCES TO THE AUTHORITY FOR PERMIT MODIFICATION; AND (Z) A STATEMENT THAT THE OWNER OR OPERATOR HAS PAID, AND WILL CONTINUE TO PAY, TO THE DEPARTMENT ALL FEES AS REQUIRED BY SECTION 22a-174-26 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, INCLUDING THOSE FEES DUE DURING THE TERM OF SUCH PERMIT

. [(2) The commissioner shall not issue a Title V permit unless the owner or operator of the subject source has paid to the department all fees AS required by section 22a-174-26 of the Regulations of Connecticut State Agencies .] 

### [(3)1(2)The commissioner shall not issue a Title V permit unless all the requirements of subsections (1) and (m) of this section have been complied with

.(3) THE COMMISSIONER SHALL MAKE A SUMMARY OF THE LEGAL AUTHORITY

AND TECHNICAL ORIGIN OF EACH PROPOSED PERMIT TERMAND CONDITION IDENTIFIED UNDER SUBDIVISION (1)(D) OF THIS SUBSECTION

. THE SUMMARY SHALL PROVIDE THE LEGAL AND FACTUAL BASIS FOR EACH PROPOSED PERMIT TERM OR CONDITION

. 

### (4) THE COMMISSIONER SHALL SEND TO THE ADMINISTRATOR, AND ANY INDIVIDUAL WHO SO REQUESTS IT IN WRITING, A COPY OF THE SUMMARY REQUIRED BY SUBDIVISION (3) OF THIS SUBSECTION

. (5) THE COMMISSIONER SHALL NOT ISSUE A GENERAL PERMIT UNDER SECTION 22a-174(1) OF THE CONNECTICUT GENERAL STATUTES WITH RESPECT TO A STATIONARY SOURCE WHICH IS SUBJECT TO ANY PROVISION OF 40 CFR 72 THROUGH 78, INCLUSIVE

. (k) TITLE V Permit Shield (1) EXCEPT AS~OTHERWISE PROVIDED, [The] THE commissioner may [include a condition] STATE in a new (or modified] Title V permit OR MODIFIED TITLE V PERMIT UNDER SECTION 22a-174-2a(d)(3) OR (4) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, [stating] that compliance with the TERMS AND conditions of such permit shall be deemed compliance with [any] A SPECIFICALLY IDENTIFIED applicable requirement, provided that : 

### (A) [such] SUCH applicable requirement is stated in such permit APPLICATION AND PERMIT and the legal authority for such requirement is specifically identified in the permit ; or (B) [such] SUCH requirement is specifically identified in the permit and determined by the commissioner not to be applicable to such Title V source, and the permit includes such determination or a concise summary thereof

. (2) Any Title V permit that does not expressly state that compliance with the conditions of such permit shall be deemed compliance with [any] A SPECIFICALLY IDENTIFIED applicable requirement shall be presumed not to provide [such] a [condition] PERMIT SHIELD as provided for by subdivision (1) of this subsection

. (3) Notwithstanding subdivision (1) of this subsection, (no such provision] THE [of a] Title V permit shall (alter or affect the following] COMPLY WITH THE PROVISIONS OF 40 CFR 70.6(f)(3)(i) through (iv), inclusive ( :]- 

### [(A) the provisions of section 303 of the Act, including the authority of the Administrator under the Act ;

### (B) the liability of an owner or operator of a Title V source for any violation of applicable requirements prior to or at the time of issuance of a Title V permit ; (C) the applicable requirements of the acid rain program under 40 CFR Part 72 ; and 

### (D) the ability of the Administrator to obtain information from the owner or operator of a Title V source .] [(4) The commissioner may, upon granting a request for a permit modification pursuant to subdivision (1) or (2) of subsection (r) of this section, include a provision in the modified permit stating that compliance with the conditions of such modified permit, including the modification, shall be deemed compliance with any applicable requirement in accordance with subdivision (k)(1) of this section .] [(5)] (4) The permit shield in subdivision (1) of this subsection shall not apply to:

(A) A modification of [the] _A Title V permit pursuant to

[subdivision (3) or (4) of subsection (r) of this section .] SECTION 22a-174-2a(e) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES ; (B) A REVISION OF A TITLE V PERMIT PURSUANT TO SECTION 22a174-2a(f) OF THE REGULATIONS OF CONNECTICUT STATE , AGENCIES, INCLUDING ADMINISTRATIVE ADMENDMENTS IMPLEMENTED PURSUANT TO SECTION 22a-174-2a(f)(2)(F) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES ; OR (C) OFF-PERMIT CHANGES OR OPERATIONAL FLEXIBILITY PROVIDED UNDER SUBSECTION (r)(2) OF THIS SECTION

. (1) Public Notice

. THE REQUIREMENTS OF SECTION 22a-174-2a(b) AND 22a-174-2a(c) .OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES APPLY TO AN APPLICATION FOR A TITLE V PERMIT AND THE OWNER OR OPERATOR OF A TITLE V SOURCE

. 

### [(1) For any general permit, the commissioner shall comply with the notification requirements for notice and opportunity for public comment pursuant to section 22a-174(1)(2) of the general statutes ; (2) For any individual permit, the applicant shall comply with the requirements of section 22a-6g of the general statutes : (3) The commissioner shall publish in the area where the source is located, a notice of tentative determination pursuant to section 22a-6h of the general statutes and send a copy of such notice to: (A) the Administrator ;

### (B) the Chief Executive Officer of the-municipality where the subject source is or is proposed to be located; (C) the appropriate Connecticut Regional Planning Agency; (D) any federally recognized Indian governing body whose lands may be affected by emissions from the subject source ; (E) the Director of the air pollution control program in any affected state; and (F) the individuals who request such notices in writing

. In addition to such notice, the commissioner shall contemporaneously send a copy of the tentative determination to the Administrator and to the Director of the air pollution control program in any affected state

. (4) In addition to the provisions set forth in subdivision (3) of this subsection said notice shall include the name and address of the department, the activities involved in the permit .action, the emission changes involved; any permit modification involved; the name and address and telephone number of a person from whom interested persons may obtain additional information

. (5) If the commissioner does not accept the recommendations of any such Director the commissioner shall inform such Director, and the Administrator, of the reasons therefor

. (6) The commissioner shall not issue a general permit under section 22a-174(1) of the general statutes with respect to a stationary source which is subject to any provision pursuant to 40 CFR Parts 72 through 78, inclusive .] (m) Public Hearings

. THE REQUIREMENTS OF SECTION 22a-174-2a(c) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES APPLY TO AN APPLICATION FOR A TITLE V PERMIT AND THE OWNER OR OPERATOR OF A TITLE V SOURCE

. 

### [(1) Any person may file, within thirty (30) days following the publication of a notice of a tentative determination under subsection (1) of this section, written comments on such determination

. Any such comments opposing the issuance of the subject permit shall describe, in detail, the basis for such opposition and may be accompanied by a request for a public informational or adjudicatory hearing, or for both
. (2) Following receipt of a request for a public informational hearing, or upon the commissioner's own initiative, the commissioner shall, prior to the issuance of a Title V permit, hold such hearing

.

### The commissioner shall publish a notice of such public informational

hearing in a newspaper of general circulation-in the affected area at least thirty (30) days prior to such hearing

. Such notice shall provide the date, time and location of the public informational hearing

. The commissioner shall maintain a record of all comments made at a public informational hearing

. The commissioner may consider more than one Title V permit application or renewal application at any such hearing, provided the notice requirements of this subdivision have been satisfied

. (3) Following receipt of a request for a public adjudicatory hearing or upon the commissioner's own initiative, the commissioner, may, prior to the issuance of a Title V permit, hold such hearing pursuant to section 22a-3a-6 of the Regulations of Connecticut State Agencies

. The commissioner shall publish a notice of such public adjudicatory hearing in a newspaper of general circulation in the affected area at least thirty (30) days prior to such hearing

. Such notice shall provide the date, time and location of such hearing

. Following the close of the public hearing, the commissioner shall make a decision based on the public hearing and recommendation of the hearing examiner, if any, as to whether to approve, deny or conditionally approve the issuance of the Title V permit sought .] (n) Administrator's Review of [Tentative Determinations] PROPOSED PERMITS

. 

### [(1) The commissioner shall not issue, renewor modify a Title V permit if the Administrator objects, in writing, within forty-five (45) days of receipt of the tentative determination issued pursuant to subdivision (1)(3) of this section

. Pursuant to the Act, the commissioner shall provide the Administrator with an additional forty-five (45) day review period prior to the issuance, renewal or modification of the Title V permit if , within the previous fortyfive (45) day period, the commissioner either :

(i) made any substantive changes to the tentative determination, or (ii) received any written objection from any affected state or the Administrator recommending changes to the tentative determination which the commissioner does not accept

. 

### Pursuant to the Act, the Administrator has the power to submit any such written objection to the commissioner and the owner or operator of the subject source
. Such objection will state the reasons for the objection and describe the terms and conditions that the permit must include to resolve such objections

. The reasons for such objection may be based on one or more of the following :

(A) the Title V permit does not comply with applicable requirements or THE requirements of 40 CFR Part 70;

### (B) the applicant did not submit copies of the application and compliance plan to the Administrator pursuant to subdivision (h)(5) of this section ; (C) the commissioner did not send a copy of the tentative determination to the Administrator or each affected state pursuant to subdivision (1)(3) of this section; (D) the commissioner did not notify in accordance with subdivision (1)(5) of this section each affected state of the commissioner's reasons for not accepting any recommendation submitted by such state ; or (E) failure to comply with a requirement of subsection (1) or (m) of this section.] (1) THE ADMINISTRATOR IS AUTHORIZED BY THE ACT TO REVIEWTHE COMMISSIONER'S PROPOSED TITLE V PERMITS WITHIN FORTY-FIVE (45) DAYS OF RECEIPT

. (2) THE COMMISSIONER SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF 40 CFR 70 .8

. (3) THE COMMISSIONER SHALL HAVE NINETY (90) DAYS FROM RECEIPT OF AN OBJECTION FROM THE ADMINISTRATOR TO RESOLVE SUCH OBJECTION
. [(2)1(4)Pursuant to the Act, if the Administrator does not object in writing IN ACCORDANCE WITH [under subdivision (1) of this subsection] 40 CFR 70.8(c), any person may petition the Administrator TO OBJECT TO A PROPOSED PERMIT [within sixty (60) days after the expiration of the Administrator's time for making SUCH objections

. The commissioner shall not issue a Title V permit to the owner or operator of such Title V source if the Administrator objects to the issuance of such permit, in writing, within fortyfive (45) days of receipt of such a petition

. Such objection shall include the reasons for the objection, and a description of the terms and conditions the permit must include to respond to the objections

. Pursuant to the Act, any of the following constitutes grounds for objection by the Administrator] IN ACCORDANCE WITH 40 CFR 70 .8 (d) [ :I

. 

### [(A) an objection to the permit that was raised with reasonable specificity during the public comment period under subsection (m) of this section; or (B) an objection not raised by the petitioner within the Administrator's initial forty-five (45) day review period but which has been demonstrated by the petitioner to have been impractical to raise within that period; or

### (C) the grounds for an objection arose after the Administrator's initial forty-five-(45) day review period.] [(3) If the commissioner does not, within ninety (90) days after receipt of an objection by the Administrator under subdivision (1) or (2) of this subsection, submit to the Administrator a revised tentative determination addressing such objection, under the Act, the Administrator has the power to issue or deny the subject permit in accordance with the requirements of the Act .] (5) IF THE COMMISSIONER DOES NOT, WITHIN NINETY (90) DAYS AFTER RECEIPT OF AN OBJECTION RAISED BY THE ADMINISTRATOR PURSUANT TO 40 CFR 70 .8(c), SUBMIT A REVISED PROPOSED PERMIT TO THE ADMINISTRATOR IN RESPONSE TO THE OBJECTION, THE ADMINISTRATOR WILL ISSUE OR DENY THE TITLE V PERMIT PURSUANT TO 40 CFR 71

. (6) THE COMMISSIONER SHALL NOT ISSUE A TITLE V PERMIT UNTIL ANY OBJECTION RAISED BY THE ADMINISTRATOR PURSUANT TO 40 CFR 70 .8(d), is RESOLVED

. IF THE COMMISSIONER HAS ISSUED A TITLE V PERMIT PRIOR TO RECEIPT OF AN OBJECTION FROM THE ADMINISTRATOR PURSUANT TO 40 CFR 70.8(d), THE ADMINISTRATOR WILL MODIFY, TERMINATE OR REVOKE SUCH PERMIT IN ACCORDANCE WITH 40 CFR 70.7(g)(4) OR (5)(i) AND (ii)

. 

### [(4) Except with respect to an application for a Title V permit for a source subject to a deadline pursuant to 40 CFR Parts 72 through 78, inclusive, the commissioner shall issue or deny a Title V permit within eighteen (18) months, of the date of submittal of an application conforming with subsections (g), (h) and (i) of this section.]
(o) TITLE V Monitoring Reports AND MAKING AND KEEPING RECORDS

. (1) MONITORING REPORTS

. A permittee required to performmonitoring pursuant to [the subject] A TITLE V permit shall submit to the commissioner, ON FORMS PRESCRIBED BY THE COMMISSIONER, written monitoring reports ON JANUARY 30 AND JULY 30 OF EACH YEAR OR on [the] A MORE FREQUENT schedule IF specified in such permit [but in no event less frequently than once each six months]

. Such [a] monitoring [report shall provided the following:] REPORTS SHALL INCLUDE THE DATE AND DESCRIPTION OF EACH DEVIATION FROMA PERMIT REQUIREMENT INCLUDING, BUT NOT LIMITED TO:

(A) [the date and description of each deviation caused by upset or control equipment deficiencies, each deviation from a permit requirement] EACH DEVIATION CAUSED BY UPSET OR CONTROL EQUIPMENT DEFICIENCIES[, and] ; (B) [each violation] EACH DEVIATION of a [Title V] permit requirement that has been monitored by the monitoring systems required under the Title V permit, which has

### occurred since the date of THE last monitoring report ; and - [(B)] (C) [the date and description of each occurrence of] EACH

DEVIATION CAUSED BY a failure of the monitoring system to provide reliable data

. (2) MAKING AND KEEPING RECORDS_

. Unless otherwise required by the subject permit, the permittee shall MAKE AND KEEP [maintain] records of all required monitoring data and supporting information FOR AT LEAST FIVE (5) YEARS FROMTHE DATE SUCH DATA AND INFORMATION WERE OBTAINED[,]

. (and] THE PERMITTEE shall make such records available for inspection (by the department] at the site of the subject source, (for at least five years from the date such data and information were obtained,] and SHALL submit such records to the commissioner upon request

. [Supporting information shall include:] THE FOLLOWING INFORMATION, IN ADDITION TO REQUIRED MONITORING DATA, SHALL BE RECORDED FOR EACH PERMITTED SOURCE : 

### (A) (the] THE type of monitoring[, which may include] OR RECORDS USED TO OBTAIN SUCH DATA, INCLUDING record keeping[, by which such data was obtained] ; (B) [the] THE date, place, and time of sampling or [measurements) MEASUREMENT; (C) THE NAME OF THE INDIVIDUAL WHO PERFORMED THE SAMPLING OR THE MEASUREMENT AND THE NAME OF SUCH INDIVIDUAL'S EMPLOYER; 

### [(C)](D) (the] THE date(s) ON WHICH analyses of such samples or

measurements were performed; [(D)I(E) [the] THE NAME AND ADDRESS OF THE entity that performed

the analyses ; [(E)I(F) [the] THE analytical techniques or methods used for such

analyses ; [(F)](G) (the] THE results of such analyses ; [(G)I(H) [the] THE operating conditions at the subject source at

the time of such sampling or measurement ; and [(HMI) [all] ALL calibration and maintenance records relating to

the instrumentation used in such sampling or measurements, all original strip-chart recordings or computer printouts generated by continuous monitoring instrumentation, and copies of all reports required by the subject permit

.(3) [A permittee shall, contemporaneously] CONTEMPORANEOUSLY with

making a change from one alternative operating scenario to another pursuant to a Title V permit, A PERMITTEE SHALL maintain a record at the site of THE subject source INCLUDING AN IDENTIFICATION OR DESCRIPTION of the current alternative operating scenario AND THE DATE ON WHICH THE PERMITTEE CHANGED FROM ONE ALTERNATIVE OPERATING SCENARIO TO ANOTHER

. 

### (4) Any [monitoring] report submitted to the commissioner pursuant to this subsection shall be certified in accordance with [subdivision (b)(4) of this] section 22a-174-2a(a)(5) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

. (p) Notifications OF DEVIATIONS (1) A permittee shall notify the commissioner in writing, ON FORMS PRESCRIBED BY THE COMMISSIONER, of any [violation at the subject source] DEVIATION FROM [of an applicable requirement, including any term or condition of the subject permit] AN EMISSIONS LIMITATION, and shall identify the cause or likely cause of such DEVIATION_, [violation and] all corrective actions and preventive measures taken with respect thereto, and the dates of such actions and measures, as follows :

(A) [any such violation, including an exceedance of a technology-based emission limitation, that poses an imminent and substantial danger to public health, safety, or the environment shall be reported immediately but no later than twenty-four (24) hours after the permittee learns, or in the exercise of reasonable care should have learned, of such violation] FOR ANY HAZARDOUS AIR POLLUTANT, NO LATER THAN TWENTY-FOUR (24) HOURS AFTER SUCH DEVIATION COMMENCED; AND (B) [any exceedance of a technology-based emission limitation imposed by the subject permit, which does not pose an imminent and substantial danger to public health, safety, or the environment, shall be reported within two working days after the permittee learns of such exceedence; and] FOR ANY OTHER REGULATED AIR POLLUTANT, NO LATER THAN TEN (10) DAYS AFTER SUCH DEVIATION COMMENCED; 

### [(C) any other such violation shall be reported in accordance with subsections (o) and (q) of this section.] [(2) For the purposes of this section an exceedance of a technologybased emission limitation means emission of pollutants beyond the level of emissions allowed by a termor condition of the subject permit .][(3)](2) [As an] AN affirmative defense to an administrative or

civil action by the state with respect to a violation OF A TECHNOLOGY-BASED EMISSION LIMITATION MAY BE MADE BY THE PERMITTEE PURSUANT TO 40 CFR 70 .6(g), PROVIDED THAT THE PERMITTEE MEETS ALL APPLICABLE PROVISIONS OF 40 CFR 70 .6(g)(1) THROUGH (5), INCLUSIVE .[, a permittee may prove that compliance with an applicable requirement at issue was impossible due to the occurrence of an event beyond the reasonable control of the permittee

. In order to prevail upon such affirmative defense: 

### (A) the permittee shall have the burden of going forward and of persuasion both, with respect to establishing that a violation was caused by an alleged event including the facts relevant to such alleged event ; (B) the permittee shall submit all information required by subdivision (1) of this subsection ; and (C) the permittee shall prove that : (i) the subject source was being properly operated at the time that such event allegedly occurred ; and (ii) during such event the permittee took all reasonable steps to prevent emissions in excess of those authorized by law .] [(4) For the purposes of subdivision (3) of this subsection, an event beyond the reasonable control of the permittee means an event which was reasonably unforeseeable and the results of which.could not have been avoided or repaired by the permittee in order to prevent the subject violation

. Increased cost shall not constitute an event beyond the reasonable control of the permittee

. A violation to the extent it is caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error, shall not constitute an event beyond the reasonable control of the permittee .] [(5)](3) THE PERMITTEE SHALL CERTIFY [Any] ANY written notification submitted TO THE COMMISSIONER pursuant to [subdivision (1) of] this subsection [shall be certified] in accordance with [subdivision (b)(4)of this section] SECTION 22a-174-2a(a)(5) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES
. (q) TITLE V Progress Reports and Compliance Certifications_ (1) PROGRESS REPORTS
. A permittee shall, on [the schedule specified in the subject permit or every six months and] JANUARY 30 AND JULY 30 OF EACH YEAR, OR ON A MORE FREQUENT SCHEDULE IF SPECIFIED IN SUCH PERMIT [whichever is more frequent], submit to the commissioner A progress [reports] REPORT [which are] ON FORMS PRESCRIBED BY THE COMMISSIONER, AND certified in accordance with [subdivision (b)(4)of this section] SECTION 22a-174-2a(a)(5) OF THE REGULATIONS OF

CONNECTICUT STATE AGENCIES

. [and which report the] SUCH REPORT SHALL DESCRIBE THE permittee's progress in achieving compliance under the compliance PLAN schedule CONTAINED in [such] THE permit

. Such progress report shall : (A) [identify] IDENTIFY those obligations under the compliance PLAN schedule IN THE PERMIT which the permittee has met, and the dates [by] ON which they were met ; and (B) [identify] IDENTIFY those obligations under the compliance PLAN schedule IN THE PERMIT which the permittee has not ' timely met, explain why they were not timely met, describe all measures taken or to be taken to meet [such obligations] THEMand identify the date by which the permittee expects to meet [such obligations] THEM

. (2) COMPLIANCE CERTIFICATION

. A permittee shall, [on the schedule specified in the subject permit or every twelve months] ON JANUARY 30 OF EACH YEAR, OR ON A MORE FREQUENT SCHEDULE IF SPECIFIED IN SUCH PERMIT [whichever is more frequent], submit to the commissioner, A written compliance [certifications] CERTIFICATION [which are] certified in accordance with [subdivision (b)(4) of this section] SECTION 22a-174-2a(a)(5) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES and which [identify the terms and conditions contained in the subject permit for the subject source, including emission limitations

. In addition, a compliance certification shall contain the following] INCLUDES THE INFORMATION IDENTIFIED IN TITLE 40 CFR 70 .6 (c) (5) (iii) (A) through (C), INCLUSIVE ( :1

. 

### [(A) a means-for monitoring the compliance of the subject source with emissions limitations, standards, and work practices; (B) the identification of each permit term or condition with respect to which the certification is being made; (C) the permittee's compliance status with respect to the subject permit ; (D) whether compliance, with respect to the subject permit, was continuous or intermittent since the date of the next prior compliance certification; (E) the method(s) the permittee used for determining the compliance status of such source, currently and since the date of the next prior compliance certification; (F) such other information as the subject permit may require to facilitate the commissioner's determination of the compliance status of such source, and additional requirements specified pursuant to 40 CFR Part 70; and

### (G) whether the monitoring system, which may include record keeping, was functioning in accordance with the subject permit and this section .] (3) Any progress report PREPARED AND SUBMITTED pursuant to subdivision (1) of this subsection, or COMPLIANCE certification PREPARED AND submitted pursuant to subdivision (2) of this subsection [to the commissioner] shall be simultaneously submitted BY THE PERMITTEE to the Administrator

. (r) TITLE V Permit Modifications, REVISIONS, OPERATIONAL FLEXIBILITY AND OFF PERMIT CHANGES

. [(1)Following receipt from a permittee of a request to modify his Title V permit, or upon the commissioner's own initiative the commissioner may modify such permit for any of the reasons specified in subparagraphs (A) through (G), inclusive, of this subdivision

. The commissioner will take no more than eighteen (18) months from receipt of a written request from the permittee for a permit modification to take final action on such request

. If the commissioner modifies a permit, whether on request of the permittee or his own initiative he will submit a copy of the modified permit to the Administrator

. If the permittee has requested the modification he shall not deviate from the terms and conditions of the permit unless and until the commissioner has modified such permit in accordance with this subsection

. If the commissioner on his own initiates a proceeding to modify a Tit1e~V permit, the commissioner shall comply with the procedural requirements of section 22a-3a-5 of the Regulations of Connecticut State Agencies and section 4-182 of the general statutes as may be applicable

. The commissioner may modify a Title V permit under this subsection for any of the following reasons : 

### (A) to incorporate any applicable requirement adopted by the commissioner or the Administrator ; (B) to incorporate any change in the frequency, form or type of any monitoring, reporting or record keeping required by the permit ; (C) to incorporate an applicable MACT standard or determination under subdivision (e)(1) of this section, if there are more than three (3) years before such permit expires ; (D) to incorporate the requirements of any permit to construct or operate, or modification thereof, issued to the permittee pursuant to subsection (k) or (1) of section 22a174-3 of the Regulations of Connecticut State Agencies ;

### (E) to incorporate any change to make a permit term or condition less stringent if such term or condition prevented the Title V source from being subject to an otherwise applicable requirement ; (F) to incorporate any change necessary to ensure compliance with any applicable requirement ; and (G) for any reason set forth in section 22a-174c of the general statutes or subsection (d) of section 22a-3a-5 of the Regulations of Connecticut State Agencies

. Following public notice and opportunity for public hearing and comment pursuant to subsections (1) and (m) of this section, the commissioner may modify such permit in accordance with section 40 CFR Part 70 .7(a)(1), (4), (5) and (6)

. 

### (2)(A) A permittee may submit a written request to the commissioner

for a~permit modification to: (i) correct a clerical error ; (ii) revise the name, address, or phone number of any person identified in such permit or to make another revision reflecting a similarly minor administrative change at or concerning the subject source; (iii) require more frequent monitoring or reporting; (iv) reflect a transfer in ownership or operational control of the subject source provided no other modification of the subject permit is required as a result of such transfer and provided that if a transfer of the permit will be sought, a request therefor has been submitted to the commissioner in

_ accordance with this section; or (v) incorporate the requirements of any permit to construct, or modification thereof, pursuant to section 22a-174-3 of the Regulations of Connecticut State Agencies except for such requirements pursuant to subsection (k) or (1) of sections 22a174-3 of the Regulations of Connecticut State Agencies ; 

### (B) Upon submitting to the commissioner a written request for a permit modification under Subpart (A) of this subdivision, a permittee may take action as if such a modification had already been made

.

### (C) The commissioner will take no more than sixty (60) days from the receipt of a written request under subparagraph (A) of this subdivision to take final action on such request and, if the commissioner modifies the subject permit, he will submit a copy of the modified permit to the Administrator
. The commissioner may modify a permit under this subdivision without published notice or allowing opportunity for comment and hearing .] (1) NON-MINOR PERMIT MODIFICATIONS, MINOR PERMIT MODIFICATIONS OR REVISIONS TO TITLE V PERMITS SHALL BE MADE IN ACCORDANCE WITH SECTION 22a-174-2a(d), (e) MODIFICATIONS OR (f) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

. [(3)](2)OPERATIONAL FLEXIBILITY AND OFF-PERMIT CHANGES

. (A) EXCEPT AS PROVIDED IN SUBPARAGRAPH (B) OF THIS SUBDIVISION, A PERMITTEE MAY ENGAGE IN ANY ACTION ALLOWED BY THE ADMINISTRATOR IN ACCORDANCE WITH 40 CFR 70.4(b)(12)(i) THROUGH (iii)(B) INCLUSIVE, AND 40 CFR 70.4(b)(14)(i) THROUGH (iv), INCLUSIVE [A permittee may engage in any of the following actions,] without A TITLE V NON-MINOR permit modification, MINOR PERMIT MODIFICATION OR REVISION and without requesting a TITLE V NON-MINOR permit modification, MINOR PERMIT MODIFICATION OR REVISION[ :]

. 

### [(i) change his practices concerning monitoring, testing, record keeping, reporting, or compliance certification, provided such changes do not violate applicable requirements, including the terms and conditions of the applicable Title V permit ; (ii) engage in an intra-premise trade in emissions under an emissions cap established pursuant to subparagraph (I) of subdivision (j)(1) of this section; (iii) relocate an emissions unit provided such relocation

does not require a permit modification under section 22a-174-1(52)of the Regulations of Connecticut State Agencies and does not result in an increase in 

### emissions violating any applicable requirements including the terms and conditions of the applicable Title V permit ; (iv) incorporate any requirements authorizing use of emission reduction credits in accordance with section 22a-174f or 22a-174i of the general statutes and EPA's "Economic Incentive Program Rules", published April 7, 1994 (Federal Register, Volume 59, No

. 67) ; and

### (v) engage in any other action, for which the permittee is not otherwise required to obtain a permit modification pursuant to this subsection.] (B) [A permittee may engage in an] ANY action AUTHORIZED PURSUANT TO SUBPARAGRAPH (A) OF THIS SUBDIVISION [provided in subparagraphs (A)(i) through (v), of this subdivision, provided such action does] SHALL not : 

### (i) constitute a modification under 40 CFR [Part] 60_, [or] 61 [ ; and] OR 63, (ii) exceed emissions allowable under the subject permit[ .], (iii) CONSTITUTE AN ACTION WHICH WOULD SUBJECT THE

PERMITTEE TO ANY STANDARD OR OTHER REQUIREMENT UNDER 40 CFR 72 THROUGH 78, INCLUSIVE, OR (iv) CONSTITUTE A NON-MINOR PERMIT MODIFICATION UNDER SECTION 22a-174-2a(d)(4) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

. 

### [(C) At least seven (7) days before initiating an action specified in subparagraph (A) of this subdivision, the permittee shall notify the commissioner in writing of such intended action .] [(4) At the time a permittee changes any practice at the subject source, which practice is not addressed by the subject permit, and which change would be consistent with all applicable requirements, including the terms and conditions of such permit, the permittee shall provide written notice of the intended change to the commissioner and the Administrator, provided this subdivision shall not apply to a source subject to any standard or other requirement pursuant to 4

.0 CFR Parts 72 through 78, inclusive

. 

### (5) Written notification pursuant to subdivisions (3) and (4) of this subsection shall include a brief description of each change to be made, the date on which such change will occur, any change in emissions that may occur as a result of such change, any Title V permit terms and conditions that may be affected by such change, and any applicable requirement that would apply as a result of such change

. The owner or operator of subject source shall thereafter maintain a copy of such notice with the Title V permit for subject source
. The commissioner and the permittee shall each attach a copy of such notice to his copy of the subject permit

. (6) A permit modification pursuant to subdivisions (1), (2) or (3) of this subsection, shall be governed by 40 CFR Parts 72 through 78, inclusive

.

### (7) A copy of a request for a permit modification submitted to the

commissioner pursuant to this subsection shall be submitted to the Administrator at the same time

. (8) The commissioner shall modify a Title V permit in accordance with subdivision (1) of this subsection if : (A) a newor additional applicable requirement under the Act becomes applicable to a Title V source with a remaining permit term of three (3) or more years
. Such a modification shall be completed not later than 18 months after promulgation of the newor additional applicable requirement

. No modification is required if the effective date of such newor additional requirement is later than the date on which the permit is due to expire; (B) an additional requirement, including an excess emission requirement, becomes applicable to subject source if such source is subject to any standard or other requirement pursuant to 40 CFR Parts 72 through 78, inclusive; 

### (C) the commissioner or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made during establishment of the emissions standards of the permit, or other terms or conditions of the permit ; or (D) the commissioner or the Administrator determines that the permit must .be revised or revoked to assure compliance with the applicable requirements

. (9) The commissioner shall notify the permittee thirty (30) days prior to initiating a modification of such permit pursuant to subdivision (8) of this subsection

. (10) The commissioner shall, within ninety (90) days after receipt of notification from the Administrator to modify the subject permit, forward to the Administrator a tentative determination regarding termination, modification, or revocation of the subject permit

. In the event that the commissioner requires the permittee to submit additional information, the Administrator, pursuant to the Act, has the power to extend such ninety (90) day period by an additional ninety (90) days

. (11) Pursuant to the Act the Administrator has the power to review the tentative determination from the commissioner within ninety (90) days of receipt

. (12) The commissioner shall have ninety (90) days from receipt of an objection from the Administrator to resolve any objection that the

### Administrator makes and to terminate, modify, or revoke the permit

in accordance with the Administrator's objection

. (13) If the commissioner fails to submit a tentative determination to the Administrator pursuant to subdivision (10)of this subsection or fails to resolve any objection pursuant to subdivision (12) of this subsection, pursuant to the Act the Administrator has the power to terminate, modify, or revoke the permit after taking the following actions : (A) providing at least thirty (30) days' notice to the permittee in writing of the reasons for any such action; and (B) providing the permittee an opportunity for comment on the proposed action by the Administrator, and an opportunity for a hearing pursuant to subsection (m) of this section

. (14) Proceedings to modify a permit shall follow the same procedures as apply to initial permit issuance pursuant to subsections (1) and (m) of this section and shall affect only those parts of the permit for which cause to modify exists .] ((s) Transfers

. (1) No person shall act or refrain fromacting under the authority of a Title V permit issued to another person unless such permit has been transferred in accordance with this subsection

. The commissioner may approve a transfer of a permit if he finds that the proposed transferee is willing and able to comply with the terms and conditions of such permit, that any fees for such transfer required by any provision of~the general statutes or regulations adopted thereunder have been paid, and that such transfer is not inconsistent with the Act

. (2) The proposed transferor and transferee shall submit to the commissioner a request for permit transfer on a formprovided by the commissioner

. A request for a permit transfer shall be accompanied by any fees required by any applicable provision of the general statutes or regulations adopted thereunder

. The commissioner may also require the proposed transferee to submit with any such request : (A) any information required by law to be submitted with an application for a Title V permit or an application for transfer of such permit ; and (B) any other information the commissioner deems necessary to process the transfer request in accordance with this subsection
. (3) Upon approving a request for transfer, the commissioner shall modify the subject permit to reflect such transfer, in accordance

426

### with subdivision (r)(2) of this section

. After the commissioner

transfers a permit in accordance with this subsection, the transferee shall be responsible for complying with all applicable law, and all applicable requirements, including the terms and conditions of the transferred permit .]
(s) TITLE V PERMIT REOPENINGS

. THE COMMISSIONER SHALL COMPLY WITH THE APPLICABLE PROVISIONS OF 40 CFR 70 .7(f) AND (g)

. 

### Pt) Revocations

. (1) The commissioner may revoke a Title V permit on his own initiative or on request of the permittee or any other person, in accordance with section 4-182(c) of the general statutes, subsection (d) of section 22a-3a-5 of the Regulations of Connecticut State Agencies, and any other applicable law

. Any such request shall be in writing and contain facts and reasons supporting the request

. A permittee requesting revocation of a Title V permit shall state the requested date of revocation and provide the commissioner with satisfactory evidence that the emissions authorized by such permit have been permanently eliminated

. (2) The Administrator pursuant to the Act, has the power to revoke and reissue a Title V permit if the Administrator has determined that the commissioner failed to act in a timely manner on a permit renewal application .]
STATEMENTOF PURPOSE ofsection 22a-174-33: This amendment deletes several definitions that were movedto the general definitionsection ofthe regulations for the abatement ofair pollution

. (See,-proposed amendment to section 22a-174-1, R .C.S.A.) This amendmentalso deletes severalprocedural requirements that were consolidated into one new section, 22a-174-2a R

.C.S.A

. Therefore, much ofthe contents ofthe following subsections were deleted and moved into sections 22a-174-1 and 22a-174-2a R .C.S.A

.: (a) definitions, (b) signatory responsibilities, (1) notices, (m) public hearings, (r) modifications (exceptfor operational flexibility and offpermit changes), (s) transfers, and (t) revocations

. This amendment also addresses a number ofissues raised by EPAin"Clean AirActInterimApproval ofOperatingPermitsProgram ; DelegationofSection 111 and 112Standards; State ofConnecticut," Proposed Rule, 61 Fed

. Reg

. 64651 (December 6, 1996)

. TheEPAissues not addressedhereinare addressed in proposed amendments to sections 22a-174-1 and 22a-174-3a and the addition ofsection22a-174-2a R .C .S.A

.

### XV

. Conclusion Based upon thecomments submitted by interested parties andaddressed in this Hearing Report, We recommendthe proposed final regulation, as contained in Part XIVofthis report, be submittedby the Commissioner ofEnvironmental Protection for approval by theAttorney GeneralandtheLegislative Regulations ReviewCommittee

. Basedupon the same considerations, we also recommendthese proposed regulations, upon promulgation, be submitted to the EPAin accordancewith the applicable law

.
November 14, 2001 Christoph"6rJames HearingOfficer Date

_November 14, 2001 Date

## Attachment 1 List of Commentors

Thomas Kirk, General Manager Wisvest-Connectiuct, LLC

. 12 Progress Drive Shelton, CT 06484 Rick N

. Soucy Environmental Risk Limited 120Mountain Avenue Bloomfield, CT 06002 StevenA

. Rapp, Manager Air Permits Program EPANew

England, Region 1 1 Congress Street, Suite 1100 Boston, MA02114-2023 DavidConroy, Manager Air QualityPlanning Unit EPANew

England, Region 1 1 Congress Street, Suite 1100 Boston, MA02114-2023 PeterW

. Egan Director ofEnvironmental Services Connecticut Resource RecoveryAssociation 100Constitution Plaza, 17t' Floor Hartford, CT 06103-1722 Andrew J

. Stackpole, Environmental Director Department ofthe Navy ' Naval Submarine Base New London Groton, CT06349-5000 Thomas K

. Scelfo, SeniorProject Manager Samuel W

. Olmstead, StaffEngineer Woodard &Curran 1520 HighlandAvenue Chesire, CT 06410

### Attachment 1 -List ofCommentors

Page 2

AdamChambers, Environmental Engineer Connecticut Fund forthe Environment 1032 Chapel Street, 3rd Floor New Haven, CT 06510 Eric J

. Brown,Associate Counsel Director, Environmental Policies Council Connecticut Business &Industry Association 350ChurchStreet 

## Hartford, CT06103-1126 Richard M

. Davis, Assistant Director, Site Coordinator Global Environmental Health and Safety Pfizer Global Researchand Development 50 PequotAvenue New London, CT 06320 Joel Bluestein Energy and Environmental Analysis, Inc

. 1655 North Fort Myer Drive Arlington, VA22209 RichardA

. Miller, Esq., Manager Environmental RegulatoryAffairs Northeast Utilities Service Company P.O

. Box 270 Hartford, CT 06141-0270 Mark H

. Bobman, Assistant Director Bristol Resource Recovery Facility Operating Committee 43 Enterprise Drive Bristol, CT06010

## Attachment 2

TECHNICAL SUPPORT DOCUMENT FOR R .C.S.A

. SECTIONS 22a-174-3b and 22a-174-3c

November 2001

11/13/01 Page 2-1

### I

. INTRODUCTION

This document specifies thederivation oflimitations on fuel use and purchase and coating use andpurchase forfive stationary source categories

. The limitations are derived forthe purposeof establishing enforceableconditions forthe five source categories that wouldlimit potential emissions ofanysingle air pollutant to less than 15 tons peryear
. The values derived providethebasis for limitations included in revisions proposed for public commentto tworegulations to control air pollution

. Thevalues derivedareincluded in two new proposed Regulationsof Connecticut State Agencies (R.C.S.A.) : section 22a-174-3b concerning exemptions frompermitting forfive source categories andsection 22a-174-3c concerning limitations on potential to emit for the same five source categories

. The five source categories included are external combustion units, automotive refinishing operations, emergencyengines, nonmetallic mineral processing andsurfacecoating operations

. Thefuel andcoating use limits in new R .C.S.A

. section 22a-174-3b limit potential emissions to less than 15 tons peryear, whilethefuel and coatingpurchase limits in R .C.S.A

. section 22a-174-3care designed to limit potential emissions to less than 7tons peryear

. Theowneror operator ofasource operated in compliancewith either Section22a-174-3b or Section 22a-174-3cwill be exempt fromthe requirement to obtain either ageneral permit pursuant to section 22a174(~ ofthe Connecticut General Statutes or apermit pursuant to section 22a-174-3a of the R .C.S.A

. Sections 22a-174-3b and22a-174-3c differ in theadministrative requirements imposedon the owners or operators

. The limitations derivedare similar to requirements now included in general permits to construct andoperatethat the Department issues forautomotive refinishingoperations, surfacecoatingoperations andemergencyengines

. The information gained fromthe general permit programprovides the Department with anextensivedatabase to useto develop the requirements ofSections 22a-174-3b and22a-174-3c andthe calculations made in this document

. The following pages providethedetail ofthe assumptions and background calculations used todevelop each fuel or coating limitation andother operating procedures foreach source category

.

11/13/01 Page 2- 2

### II

. External Combustion Units

R .C.S.A

. Section 22a-174-3b defines "external combustion unit" as a "devicethat combusts only natural gas, propaneor fuel oil,which is not astationary internal combustion engine or turbine, and includes, butis not limitedto, aboiler, heater, drying oven, curing oven,or furnace." The emission thresholdforobtaining a permit under R .C.S.A

. 22a-174-3awill be 15 tons peryear
. Since R

.C.S.A

. 22a-174-3bsets enforceableconditions onthis source category to limitits potential emissions to below15 tons peryear, owners or operators maychoose to operate in compliance with Section22a-174-3brather than obtain apermit issued pursuant to Section 22a-174-3a or a general permit issued underSection 22a-174(~ ofthe general statutes

. Such owneror operator may select whichofthe three compliance options -a general permit, individual NSRpermit or operation under Section 22a-174-3b

-is best suited to its needs

. Anowneror operator willingtofurther reduce potential emissions maychooseto operateunderthe more restrictive fuel purchase limitations in R .C.S.A

. Section 22a-174-3c in exchange for less burdensome record keeping requirements offered

. Theemission thresholds derived below will limit thepotential emissions to less than 15 or 7 tons peryear, as indicated

. Forthis source category, the fuel use restrictions in Section22a-174-3b and the fuel purchase restrictions in Section 22a-174-3c were developed foreachoffour types offuel as follows: thepollutantwith the highestAP-42emission factor wasused as the limiting pollutant

. A

. Natural Gas Combustion Fornatural gas combustion, NOx has thehighestemission factor, therefore is the limiting pollutant

. Emission Factor Source: AP-42, Fifthedition, section 1.4 140#NOx/MMscf where MMscfis equal to million standard cubic feet

. Higher heatingvalue ofnatural gas: 1,020Btu/1 scf 140#NOx/MMscfx 1 scf/1,020Btu =0.14#/NII~IBtu, which is below

the NOx RACT limitof0 .20#/NIIVIBtu

. How much fuel can aunit bum to emit 15tpy and 7 tt)v? 1 MMscf/140#NOx x 15 tons / year x 2,000#/ton =214MMscf/yr, and 1 MMscf/140# NOx x 7 tons/year x 2,000#/ton = 100MMscf/yr

11/13/01 Page 2- 3

### B

. Propane Combustion For Propane combustion NOx is thelimiting pollutant

. NOx Emission Factor: 19 #/ 1000gallons; AP-42, Fifth edition, Section 1.5 Higher heatingvalueofpropane: 91,600 Btu/gallon Conversionfactor: 36.64scf/gallon propane 

## 19#/1000gallons x 1 gallon/91,600Btu =0.21 #/MMBtu How much fuel can aunit burnto emit 15 tpyand7 tny? 1000gallons/19#x 15 tons/yrx 2000#/ton = 1,578,947 gallons, and 1000gallons/19 #x 7tons/yrx 2000#/ton = 736,842gallons, respectively

. C

. Distillate Fuel Oil Sulfur dioxide (SOZ) hasthe highest emission factor andtherefore is thelimiting pollutant

. Section 21a-16ofthe Connecticut GeneralStatutes (C.G.S.) limits the sulfur contentin distillate oil to 0 .3%

. Emission Factor Source: AP-42, Fifthedition, section 1 .3 142 (%S) #SOZ/1000gallons where: S is equal to the sulfur contentindistillate oil

. Higher heatingvalue ofdistillate oil = 139,000Btu/gallon ofdistillate oil 

## 142 (0.3)# SOZ/1000gallons x 1 gallon/139,000Btu =0.31 #/MMBtu How much fuel canaunit burnto emit 15 tpyand7 tpyofSO?? 1000gallons/142 (0.3) # SOZx 15 tons/yr x 2,000#/ton =704,225gallons, and 1000gallons/142 (0.3) # SOZx 7 tons/yrx 2,000#/ton =328,638gallons, respectively

. D

. Residual Fuel Oil Sulfur dioxide hasthehighest emission factor and therefore is thelimiting pollutant

. R .C.S.A
. Section 22a-174-19 allows a maximum sulfur content in fuel of 1%

. R .C.S.A

. Section 22a-174-1 defines "residual fuel" as "anyfuel oilofNo

. 4, No

. 5, or No

. 6 grades, as defined by Commercial Standard C .S

. 12-48."

11/13/01 Page 2- 4

### Emission Factor Source: AP-42, Fifth edition, section 1.3

157 (%S) # SOZ/1000gallons where: S is equalto the sulfur content in residual oil

. Higher heating valueofresidual oil (No

. 6) = 150,000Btu/gallon ofresidual oil 157(1 .0)#S02/1000gallons x 1 gallon/150,000 Btu = 1 .04#/MMBtu How much fuel can aunit burnto emit 15 tpyand 7tpy ofSO, ? 1000gallons/ 157(1 .0) #SOz x 15 tons/yrx 2,000#/ton = 191,082gallons, and 1000gallons/ 157(1 .0) # SOzx 7 tons/yrx 2,000#/ton =89,172 gallons, respectively

. A0 .5%sulfur content is required forresidual fuel oil combustion in R .C.S.A

. Section 22a-174-3b

. This, combinedwith thefuel limitations above, will result in S02emissions of7.5 tpy

. E

. Additional Requirements Additional requirements have been included in R .C.S.A

. Section22a-174-3b forexternal combustion equipment

. Theregulationspecifies aheat input limit andstack height requirement in addition tothe fuel limitation

. Theselimitations address compliance with the NationalAmbient AirQuality Standards

. Anannual tune-up is also required

. EPA will grant the Department credit towardsattainment ifthis provisionis included in the 2001 NOx shortfall submission

.

11/13/01 Page 2- 5

### 111

. Automotive Refinishing Operations



### Proposed R

.C.S.A

. Section 22a-174-3bdefines "automotive refinishing operations" as "the process forcoating, painting or repairingthe pre-existing coat or paintappliedto automobiles andautomotive components at an automobile manufacturing plant, including, but not limited to surfacepreparation, primer application, topcoat application and applicator cleaning." Throughtheautomotive refinishingoperations General Permit program, the Department has obtained extensive knowledgewith this source category

. The thresholds arebased on paintor coating usagerather than emissions

. Material balances are used to calculate the estimated emissions

. A

. Assumptions

- 7 #volatile organic compounds (VOC) per gallon ofcoating (NB: experience shows 6 #/gallon is more realistic)

. - AllVOCis in the formofHAPs to ensure HAPs remain less 10tpy

. - Coating usage is total for all automotive refinishing operations at the facility

. - Paints or coatings include solvents and excludewater

. - Fieldengineer staffbelieves that theyearly usagewill be more than sufficient fora certain number ofbusinesses tochoose operation underthis regulation

. B

. Material balance 7 #VOC/gallon ofcoatingx 1,000gallons/yr x 1 ton/2000# = 3.5 tpyVOC 7 #VOC/gallon of coatingx 2,000gallons/yr x 1 ton/2000# = 7.0tpyVOC C

. Additional Requirement Arequirement has been placed in R .C.S.A

. Section22a-174-3b to achieveadditional VOCreductioncredit forthe ozone SIP

. Ahighvolume low

pressure gunor an applicator with at least 65% transfer efficiency is required

.

11/13/01 Page 2- 6

### IV

. Emergency Engines

In determining potential emissions for emergencyengines, the Department relies onan EPA's Memorandum, Calculating Potential to Emit (PTE) for EmergencyGenerators, fromJohn S

. Seitz, Director, dated September6, 1995 (attached)

. In this memorandum EPAidentifies 500hours as an appropriate number ofhours to usein calculating potential to emit (PTE), not 8760hours peryear
. Foran emergencyenginewith a NOx RACT limit of8grams/horsepower-hour (diesel) and operating the full 500hours, it wouldtake a 1,587horsepower (1 .2 MW) engine to emit 7 tpy

. Foranatural gas fueled emergencyengine with a NOx RACT limit of2.5 grams/horsepower-hour and operatingthe full 500hours, itwould take a 5,080 horsepower (4 MW)engine to emit 7tpy

. NOx has the highest emission factor andwould be the limiting pollutant fordiesel emergencyengines

. For demonstrationpurposes, an emergencyengine with a 1000gallon limitation (sizeof engine not being afactor) wouldemit thefollowing: Forengines less than 600hp: Emission Factor =4.41 #/ MMBtu NOx

. Source =AP-42, Fifth edition, Section 3.3

. 4 .41 #/MMBtux 139,000Btu/gallon x 1000gallons/yr x 1 ton/2000# =0.3 tpy Forengines greater than 600hi): Emission Factor: 3.2 #/NIIVIBtu NOx

. Source: AP-42, Fifth edition, Section 3.4
. 3.2 #/ MMBtux 139,000Btu/gallon x 1000gallons/yr x 1 ton/2000# =0 .2 tpy

11/13/01 Page 2- 7

### V

. Nonmetallic Mineral Processing R .C.S.A
. Section 22a-174-3b defines "nonmetallic mineral processing equipment" as "any crusher, grinding mill, screeningoperation, bucket elevator, belt conveyor, bagging operation, storagebin or other equipment used to crush or grind anynonmetallic mineral ." ANew Source Performance Standard (NSPS) exists forthis source category, 40 CFR60 Subpart 000

. Subpart 000regulates particulateemissions

. Therefore, Section22a174-3b addresses NOx as the limiting pollutant

. The fuel limitation is the fuel consumptiontotal foroperatingall processing equipment

. In most instances, all processing equipment is operated by one engine but as many as three engines maybe used

. An engine size threshold has been addedbecauseofthe change in emission factor

. The fuel limitationswill restrict NOx emissions to less than 15 tpy

.
A

. Forengines less than 600hp NOx Emission Factor: 4.41 #/ 1VIMBtu

. Source: AP-42, Fifthedition, Section 3.3

. 15 tons /yr x 2000#/tonx 1 M1NIBtu/4.41 #x 1 gallon/139,000Btu =48,940gallons B

. For engines 2reater than 600hp Emission Factor: 3.2 #/MMBtu; NOx

. Source: AP-42, Fifth edition, Section 3.4

. 15 tons/yrx 2000#/tonx 1 NIMBtu/3.2 # x 1 gallon/139,000Btu =67,446gallons C

. Additional Requirements An additional requirement has been included to limit the sulfur content offuel oilto 0 .05%

. TheDepartment believes that thiswill not placeunduehardship on the source since most operations areportable andwill beable toobtain and use the low sulfur fuel at each location

. The cost differential between 0 .3%and 0

.05%is insignificant

.

11/13/01 Page 2- 8

### VI

. Surface Coating Operations

R .C.S.A

. Section22a-174-3b defines "surface coating operation" as "a process used to add alayerofmaterial to asurface including spraypainting, dip coating, roller coating, and electrostatic deposition." Surfacecoating operations do not include printing, publishing, or packagingoperations

. Powder coatingandplasma sprayingareconsidered to havecontrols as an integral part of theprocess
. Coatinglimitations will limit emissions to less than 10 tpy

. A

. Assumptions

- Maximum

of6 .3 #VOCpergallon ofcoating

-All VOCs are HAPs to ensure HAPs remain below10tpy

- Coatingusageis totalfor all coatingoperations at the facility

- Paints or coatings include solvents and excludeswater

.
B

. Material balance 6 .3 #VOC/gallon ofcoatingx 1,500gallons/yr x 1 ton/2000#= 4.7 tpyVOC 6 .3 #VOC/gallon ofcoatingx 3,000gallons/yr x 1 ton/2000#= 9.45 tpyVOC

11/13/01 Page 2- 9

# ATTACHMENT 3

42496 Federal Register / Vol

. 66, No

. 156/Monday, August 13, 2001 /Proposed Rules Executive Order 12866

. This action will not impose any collection of information subject to the provisions of the Paperwork ReductionAct, 44 U.S.C

. 3501 et seq., other than those previously approved and assigned OMB control number 2060-0243

. For additional information concerning these requirements, see 40CFR part 70

. An agency may not conduct or sponsor, and a person is not required to respond to, a collectionof information unless it displays acurrentlyvalid OMBcontrol number

. In reviewing State operating permit programs submitted pursuant to title V of the CleanAirAct, EPAwill approve State programs provided that they meet the requirements of the Clean Air Act and EPA's regulations codified at 40 CFR part 70

. In this context, in the absence ofa prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprovea State operating permit programfor failure touse VCS

. It would thus be inconsistent with applicable law for EPA, when it reviews an operating permit program, to useVCS in place of a State programthat otherwise satisfies the provisions of the Clean Air Act

. Thus, the requirements ofsection 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C

. 272note) do not apply

. List ofSubjects in 40 CFRPart 70 Environlnental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements

. Dated: August 1, 2001

. Ronald A

. Kreizenbeck, Acting RegionalAdministrator, Region 10

. [FR Doc

. O1-20215 Filed 8-10-01 ; 8 :45 am] e1LUNG CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFRPart 70 [CT-066-7223; A-1-FRL-7032-6] Full Approval of Operating Permit Program

; State of Connecticut AGENCY: Environmental Protection Agency (EPA)

. ACTION: Proposed rulemaking

. SUMMARY:The EPA is proposing to fully approvethe operating permit program for the State of Connecticut

. Connecticut's operating permit program was created to meet the federal Clean AirAct (Act) directive that states develop, and submit to EPA, programs for issuing operating permits to all major stationary sources ofair pollution and to certain other sources within the states' jurisdiction

. EPA is proposing to approve Connecticut's programat the same time Connecticut is proposing changes to its state regulations to address EPA's interimapproval issues

. EPAwill only finalize its approval of Connecticut's programafter Connecticut finalizes its rule consistent with the programchanges and interpretations described in this notice

. The public comment period for Connecticut's programregulations (R.C.S.A

. Sections 22a-174-2a and 22a-174-33) is open for comment fromJuly 17, 2001 until September 7, 2001

. DATES: Comments on this proposed rule must be received on or before September 12, 2001

. ADDRESSES: Comments may be mailed to Donald Dahl, Air Permits ProgramUnit, Office of EcosystemProtection (mail code CAP) U

.S

. Environmental ProtectionAgency, EPA-New England, OneCongress Street, Suite 1100, Boston, MA02114-2023

. EPAstrongly recommends that any comments should also be sent to Ellen Walton of the Department of Environmental Protection, BureauofAir Management, Planning and Standards Division, 79 ElmStreet, Hartford, Connecticut 06106-5127

. Copies of the State submittal and other supporting documentation relevant to this action, areavailable for public inspection during normal business hours, by appointment at the above addresses

. FOR FURTHER INFORMATIONCONTACT: Donald Dahl at (617) 918-1657

. SUPPLEMENTARY INFORMATION : I

. WhyWas Connecticut Required To Develop an Operating Permit Program? Title Vof the Clean Air Act ("the Act") as amended (42 U.S.C

. 7401 and 7661 etseq.), requires all states to develop an operating permit program and submit it to EPAfor approval

. EPA has promulgated rules that define the minimumelements ofan approvable stateoperating permit programand the corresponding standards and procedures bywhich EPAwill approve, oversee, andwithdrawapproval ofstate operating permit programs
. See 57 FR 32250 (July 21, 1992)

. These rules are codified at 40Code of Federal Regulations (CFR) Part 70 (Part 70)

. Title V directs states to develop programs for issuing operating permits to all major stationary sources and to certain other sources
. The Act directs states tosubmit their operating permit programs to EPA by November 15, 1993, and requires that EPAact to approve or disapprove each program

within one year after receiving the submittal

. The EPA's program reviewoccurs pursuant to section 502of the Act (42 U

.S.C

. Sec

. 7661a) and the Part 70 regulations, which together outline criteria for approval or disapproval

. Wherea programsubstantially, but not fully, meets the requirements of Part 70, EPAmaygrant the programeither partial or interimapproval

. If EPA has not fully approved a programby two years after the November 15, 1993 date, or beforethe expiration of an interim programapproval, it must establish and implement a federal program . EPA granted the State of Connecticut final interim approval of its programon March 24, 1997 (see 62 FR 13830) and the program

becameeffective on April 23, 1997
. II

. What DidConnecticut Submit To Meet the Title V Requirements? The Governor of Connecticut submitted a Title V operating permit programfor the State of Connecticut on September 28, 1995

. Inaddition to regulations (Section 22a-174-33 of the Department of Environmental Protection Regulations), the programsubmittal included a legal opinion fromthe Attorney General of Connecticut stating that the laws of the State provide adequate legal authority to carry out all aspects of the program, and a descriptionof how

the Statewould implement the program
. The submittal additionally contained evidence of proper adoption of the program regulations, application and permit forms, and a permit fee demonstration

. This program, including the operating permit regulations, substantially met the requirements of Part 70

. III

. What WasEPA's Action on Connecticut's 1995 Submittal? EPA deemed the program administratively complete in a letter to the Governor dated November 22, 1995

. On December 6, 1996, EPA proposed to grant interimapproval to Connecticut's submittal

. After responding to comments, EPAgranted interim approval to Connecticut's submittal on March 24, 1997

. In thenotice granting interimapproval, EPAstated that there were several areas of Connecticut's programregulations that would need to be amended in order for EPA togrant full approval of the state's program
. EPA has been workingclosely with the state and has determined that the state is proposing to make all of the rule changes necessary for full approval

. The following section contains details regarding the areas of Connecticut'sFederal Register/Vol

. 66, No

. 156/Monday, August 13, 2001/Proposed Rules

regulations where the state is proposing to address EPA's interimapproval issues

. IV

. WhatWere EPA's InterimApproval Issues andWhere Has Connecticut Amended Its RegulationTo Address the Interim Approval Issues? 1

. Forty CFR 70.5(c)(6) requires sources to explain exemptions from applicable requirements

. In Section 22a-174-33(g)(2)(G), the State's proposed rule now

requires the applicant to explain any exemptions

. 2

. Forty CFR 70.5(c)(8)(ii)(B) requires a statement in the application that the source will complywith all future requirements that become effective during the permit term

. In Section 22a174-33(i)(1)(B)(ii), the State's proposed rule now

requires asource to make such a statement

. 3

. Forty CFR 70.5(c)(8)(iii)(C) requires that complianceschedules must be as least as stringent as anyjudicial consent decree or administrative order

. In Section 22a-174-33(i)(1)(B)(iv), the State's proposed rule removes the limitations onjudicial consent decrees that were contained in the original rule

. 4

. Forty CFR 70.8(d) contains the provisions regarding a citizen's rights to petition EPA over aTitleV permit

. In Section 22a-174-33(n)(2) and (4) the State's proposed rule removes the 45 day deadline for EPA's objection due to acitizen's petition and clarifies that a citizen's right topetition EPA is a function offederal law, not state law

. 5

. Forty CFR 70.6(a)(7) requires each Title V permit to contain a condition that asource will pay fees on an annual basis

. Section 22a-174-33(j)(1)(Z) of the State's proposed rule adds a requirement that all permits shall contain astatement requiring the annual payment of permit fees

. 6

. Forty CFR70.5(b) requires a source to submit additional orcorrected information whenever that source becomes awarethat the original application was either incorrect or incomplete

. Section 22a-174-33(h)(2) of the State's proposed rule now requires theapplicant to submit additional and corrected information at anytime the source becomes aware its initial application is incomplete or incorrect

. 7

. Forty CFR 70.7(a)(5) requires the stateto provide a statement of legal and factual basis for each permit

. Sections 22a-174(33)(j)(3) and (4) of the State's proposed rule now

requirethe State to develop the statement of legal authority and technical origin, as well as the factual basis for the permit terms

. The rule also provides that DEPshall send these statements to EPA and anyone else who requests them

. 8

. FortyCFR 70.6(a)(3)(iii)(B) requires prompt reporting of permit deviations

. Section 22a-174-33(o)(1) and (p)(1) of the state's proposed rule defines "prompt" consistent with how EPA defines prompt for the federal operating permit programat 40CFR 71 .6(a)(iii)(B)

. 9

. Forty CFR 70.6(g) contains Title V's emergency provisions that uses the term "technology based emission limitation." Connecticut's rule had improperly included health basedemission limits in its description of "technology-based emission limitations," along with other inconsistencies with 40CFR 70.6(g)

. Section 22a-174-33(p)(2) of the State's proposed rule incorporates by reference the relevant sections of Part 70with regards to the affirmative defense

. The proposed rule also removes the previous definitionofa technology based emission limit

. 30

. Forty CFR 70.4(b)(12) requires states to allowfor facilities to make "Section 502(b)(10) changes" withjust a seven day notice

. Section 22a-174- 33(r)(2) of the State's proposed rule incorporates the relevant sections of 40 CFR 70.4 governing "Section 502(b)(10) changes," but the state ruledoes not explicitly define "emissions allowable under the permit." Even though not explicitly stated, EPA interprets Connecticut's incorporation by reference of 40CFR 70.4(b)(12)(i) to include the relevant definition of "emissions allowable under the permit" at 40CFR 70.2

. EPA understands that DEP agrees with this interpretation

. 11

. Connecticut's interimrule contained language regarding EPA's authority toreopen and reissue a Title V permit that included public hearing authority

. Since EPA does not derive its hearing authorityfromstate law, the hearing authority language has been removed and Section 22a-174-33(s) simply incorporates EPA's authority to reopen a permit under 40CFR 70.7

. 12

. Forty CFR 70.2 defines "applicable requirements" as a list of Clean AirAct requirements

. The State's proposed rule in Section 22a-174- 33(a)(2)(D) now

includes the entire list of requirements found in 40CFR 70 .2

. 13

. Forty CFR 70.3 contains the requirements that make a source subject to the TitleV permit program and Section 22a-174-33(c)(3) of Connecticut's interimrule created confusion about the applicability of Title V

. As EPA suggested, Connecticut has proposed todelete this language from Section 22a-174-33(c)(3) to make it consistentwith Part 70

. 14

. Forty CFR 70

.7(d)(4) allows a state togranta permit shield for Administrative Amendments onlywhen the change to the permit meets the 42497 requirements ofa significant permit modification

. Connecticut's Administrative Amendment requirements do not have to meet such requirements

. Therefore, in Sections 22a-174-33(k)(1) and (4), the State's proposed rule correctly eliminates a permitshield for minor and administrative permit amendments and limits its applicability to new permits, major modifications, and renewals

. 15

. Forty CFR 70.$ contains the provisions for EPAreview, including a 45 day reviewperiod ofa proposed permit

. Connecticut's interimprogram tried to merge EPA's review of the proposed permitwiththe draft permit that is subject to public comment

. Although this can be done, safeguards must be in place in casethe draft permit is changed

. The interimprogramfailed to provide EPA anadditional 45 day reviewwhen adraft permitwas changed after 45 days of being made available for public comment

. Section 22a-174-33(n) removes this problemby incorporating the procedures for permit review contained in 40 CFR 70.8

. Connecticut's rule no longer merges EPA reviewof the proposed permit with the public comment periodonthe draft permit

. 16

. Connecticut's interimprogram rule contained a cut-off date of 1994 when incorporating the requirements of Code ofFederal Regulations

. This would have required Connecticut to continually update its rule as EPA published new

applicable requirements such as air toxic requirements

. Connecticut amended its statute in Section 22a-174-1 to allowthe state to delete the cut-off date inSection 22a174-33, thereby incorporating changes tothe CFR on an on-going basis

. 17

. Connecticut's interimprogram contained an incomplete list of "regulated air pollutants" because of the issue number 16discussed above with the CFRcut-off date

. Connecticut has amended its provisions in Sections 22a174-33(a)(5), (e)(1), and (g)(2)(G) to make their proposed rule consistent with 40CFR 70

.2

. 18

. Part 70 requires permits to contain all applicable requirements, including provisions for controlling air toxic emissions required bysection 112(g) of the Act

. Sections 22a-174-3a(a)(1)(C) and 3a(m) in the State's proposed rule are now

adequate for issuing permits that contain requirements resulting from a decision pursuant to section 112(g) of theAct

. 19

. Forty CFR 70.4(b)(10) states that a permit will not expirewhen a complete renewal application was submitted ina timely manner
. Section 22a-174- 33(j)(1)(B) of the State's proposed rule now allows continuation ofa permit42498 Federal Register/Vol

. 66, No

. 156/Monday, August 13, 2001/Proposed Rules

provided a timely renewal application is submitted

. 20

. Forty CFR 70.3(b) allows astate to defer non-majorsources fromthe Title Vprogramuntil EPA makes a decision whether to include non-major sources in the Title Vprogram

. Section 22a-174- 33(t)(3) of the State's proposed rule is now consistent with Part 70with regard to the applicability of non-major sources
. 21

. Forty CFR 70

.5(c) requires an applicant to determine the applicable requirements for everyemission unit

. Connecticut's interimTitleV program shifted the determination burden from the applicant to the state

. Section 22a174-33(g)(4) of the State's proposed rule is now consistentwith Part 70

. 22

. Connecticut's interimTitle V programcontained language describing EPA's authority to reopen and reissuea Title V permit

. EPA's authority is not contained within state law
.Therefore, Section 22a-174-33(r)(13) has been replacedwith Section 22a-174-33(s) and Section 22a-174-33(j)(1)(U) has been amended in the State's proposed rule to remove any confusion

. 23

. Forty CFR 70.6(d)(1) states that a source will be deemed to be operating without a Title V permit ifit is later determined to be ineligible to operate undera general permit

. Section 22a174-33(c)(4) of the State's proposed rule now makes it clear that a source which fails to qualify for ageneral permit underwhich it is operating shall be deemed to be operating without a permit

. 24

. Connecticut's current ruleallows changes fromthe State's minor new source review

programtobe processed as administrative amendments to the Title V permit, and is inconsistent with 40 CFR70.7(d)(1)(v)

. Forty CFR 70.7(e)(2) allows minor new source review permits tobe incorporated into a TitleVpermit by usingthe minor permit modification procedures of Part 70

. Section 22a-174-2a of the State's proposed rule have been developed to allow for such incorporation and no longer processes such changes as administrative amendments

. 25

. InConnecticut's interim TitleV program, the state only had procedures for administrative and significant permit modification procedures

. Forty CFR 70.7(e)(1) requiresstates to develop streamlined procedures for permit modifications

. Section 22a-174-2a of the State's proposed rule allows the statetouse theequivalent of Part 70's minor permit modification procedures and is consistentwith 40 CFR 70.7(e)(1)

. 26

. Forty CFR 70.5(a)(1)(iii) states that the procedures for submitting timely renewal applications must ensure that a permit does not expire

. This requires a state to coordinate the timing of permit renewal with the deadline for sources to submit renewal applications

. Sections 22a-174-33(f)(5) and (j)(1) of the State's proposed rule have now correctly aligned these time frames

. 27

. Part 70requires that a written agreement between the involved parties besubmitted to the state prior to any changes in ownershipto ensurethat the parties named in the permit have accepted liability for complying with the permit

. Section 22a-174-2a(g)(2) of the State's proposed rule contains such a requirement by incorporating by reference 40CFR 70.7(d)(1)(iv)

. 28

. Forty CFR 70.6(a)(3)(i)(B) contains the requirements for periodic monitoring ina Title V permit

. Section 22a-174-33(j)(1)(K)(ii) has been amended tomakeitclear that every Title Vpermit in Connecticut will contain periodic monitoring as necessary
. This section of Connecticut's proposed regulations provides that recordkeeping "shall" be sufficient to meet the periodic monitoring requirements "ifso determined by the Commissioner ." EPA's periodic monitoring requirement provides that recordkeeping "may" be sufficient to serve as periodic monitoring

. EPA understands that DEP's proposed regulationis the functional equivalent of EPA's regulation

. DEP is not mandating that periodic monitoring shall be recordkeeping in all cases, but only inthosecases where DEP affirmatively determines recordkeeping to be sufficient to collect data representative ofa source's compliance status

. EPA understands that DEP agrees with this interpretation

. 29

. Forty CFR 70.2 contains a definition of "responsible official" and requires that a corporate officer signatory must have the responsibility for overall operation ofa facility, not just for environmental compliance

. Section 22a-174-2a(a)(6) has been added tobe consistent with Part 70

. V

. Administrative Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a "significant regulatory action" and thereforeis not subject toreviewbythe Office of Management and Budget

. For this reason, this action is also not subject toExecutive Order 13211, "Actions Concerning RegulationsThat Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001)

. This action merely approves state law

as meeting federal requirements and imposes noadditional requirements beyond those imposed by state law

. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C
. 601 et seq.)

. Because this rule approves pre-existing requirements under state lawand does not impose any additional enforceable duty beyond that required bystate law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates ReformAct of 1995 (Public Law

104-4)

. This rule also does not have a substantial direct effect on one or more Indiantribes, on the relationship between the Federal Government and Indiantribes, or on the distribution of power and responsibilities between the Federal Government and Indiantribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects onthe States, on therelationship betweenthe national government and the States, or onthe distribution of power and responsibilities among the various levels ofgovernment, asspecified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely approves astate rule implementinga federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act

. This rulealso is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economicallysignificant

. In reviewing permit program submissions, EPA's role is to approve statechoices, provided that they meet the criteria of the Clean AirAct

. Inthis context, in the absence ofa prior existing requirement for the Stateto use voluntary consensus standards (VCS), EPA has no clearauthorityto disapprove a permit program submission for failuretouse VCS

. It would thus be inconsistent with applicable lawfor EPA, when it reviews a permit program

submission, to use VCS in placeofa programsubmission that otherwise satisfies the provisions of the CleanAir Act

. Thus, the requirements ofsection 12(d) ofthe National TechnologyTransfer and Advancement Act of 1995 (15 U .S.C

. 272 note) do not apply

. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPAhas takenthe necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct

. EPAhas complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining theFederal Register/Vol

. 66, No

. 156/Monday, August 13, 2001/Proposed Rules

takings implications of the rule in accordance with the "Attorney General's Supplemental Guidelines for the Evaluation of RiskandAvoidance of Unanticipated Takings" issued under the executive order

. This rule does not impose an information collection burden under the provisions of the Paperwork ReductionAct of 1995 (44 U.S.C

. 3501 etseq.) List ofSubjects in 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollutioncontrol, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements

. Dated : August 3, 2001

. IraW

. Leighton, ActingRegional Administrator, EPA-New England

. [FR Doc

. O1-20264 Filed 8-10-01 ; 8 :45 am] BILLING CODE 6'360-S0-P
FEDERAL COMMUNICATIONS COMMISSION 47 CFRPart 51 [CC Docket No

. 96-98; DA01-1658] Update and Refresh Record on Rules Adopted in 1996 Local Competition Docket AGENCY : Federal Communications Commission

. ACTION: Proposed rule

. SUMMARY: This document invites parties to update and refresh the record on issues pertaining to the rules the Commissionadopted inthe First Report and Order in CCDocket No

. 96-98, Implementation of the Local Competition Provisions of the Telecommunications Act of 1996

. DATES: Comments are due September 12, 2001 and reply comments are due September 27, 2001

. FOR FURTHER INFORMATION CONTACT: DennisJohnson, AttorneyAdvisor, Network Services Division, Common Carrier Bureau, (202) 418-2320

. SUPPLEMENTARY INFORMATION: This is a summaryof the Commission's document regarding CCDocket No

. 96- 98, released on July 12, 2001

. The complete text of this document is available for inspection and copying during normal business hours inthe FCC Reference Information Center, Courtyard Level, 445 12th Street, S.W ., Washington, DC, and also may be purchased from

the Commission's copy contractor, International Transcription Services (ITS, Inc.), CY-B400, 445 12th Street, SW

., Washington, DC

. It is also available on the Commission's website

at: http://www

.fcc.gov/Daily_Releases/ Daily_Business/2001/d60712/ da011858.doc

. Synopsis 1

. On August 8, 1996, the Commission released the Local Competition Second Report and Order, FCC 96-333, 61 FR 47284 (September 6, 1996), as required by the Telecommunications Act of 1996

. Many of the parties filed petitions for reconsideration of that order

. The Commission subsequently resolved a majority of these petitions but due to the significant litigation arising fromthe rules adopted in the Local Competition Second Report and Order, several petitions remain unresolved

. Specifically, the remaining petitions seek reconsideration of therules governing intraLATA toll dialing parity pursuant tosection 251(b)(3) of the Telecommunications Act of 1996 (Act), and network change disclosurerules pursuant to section251(c)(5) of the Act

. Since many of thesepetitions were filed severalyears ago, the passage of time and intervening developments may have rendered the record developed bythose petitionsstale

. Moreover, some issues raised in petition for reconsideration

. may have become moot or irrelevant in light of intervening events

. 2

. For thesereasons, the Commission requests that parties that filed petitions for reconsideration following release of the Local Competition Second Report and Order identify issues fromthat order that remain unresolved now and supplement those petitions, inwriting, to indicatewhich findings and rules theystillwishtobe reconsidered

. To theextent that intervening events have materially altered the circumstances surrounding filed petitions or therelief sought by filing parties, thoseentities may refresh the record with new information orarguments related to their original filings that they believe to be relevant to the issues

. The previously filed petitions will be deemed withdrawnand will be dismissed if parties do not indicate in writing an intent to pursue their respective petitions for reconsideration

. The refreshed record will enable the Commissionto undertake appropriate and expedited reconsideration of its local competition rules

. List ofSubjects in 47 CFR Part 51 Communications common carriers, Interconnection

. 42499
Federal Communications Commission

. Diane GriffinHarmon, Acting Chief, NetworkServices Division Common CarrierBureau

. [FR Doc

. 01-20227 Filed 8-10-01 ; 8:45am] BILUNGCODE 6717-01-P

DEPARTMENT OF COMMERCE National Oceanic andAtmospheric Administration 50 CFR Parts 223, 224 and 226 [Docket No

. 010731194-1194-01 ; I.D

. 070601B] Listing Endangered and Threatened Species and Designating Critical Habitat: Petition To List Southern Resident KillerWhales AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and AtmosphericAdministration (NOAA), Commerce

. ACTION: Notice offinding; request for information

. SUMMARY: NMFSreceived a petition to list the Eastern North Pacific Southern Resident stock of killerwhales (Orcinus orca) as endangered or threatened species under the Endangered Species Act (ESA) and to designate critical habitat for this stock under that Act

. NMFS determined that the petition presents substantial scientific information indicating that a listing may be warranted and will initiate an ESA status review

. NMFS solicits information and comments pertaining to these killerwhale populations and their habitats and seeks suggestions for peer reviewers for any proposed listing determination that may result fromthe agency's status reviewof the species

. DATES: Information and comments on the action must be received by October 12, 2001

. ADDRESSES: Information and comments on this actionshould be submitted to Chief, Protected Resources Division, NMFS, 525 NE Oregon Street-Suite 500, Portland, OR 97232

. Comments will not be accepted ifsubmitted via email or the internet

. However, comments may be sent via fax to (503) 230-5435

. FORFURTHER INFORMATIONCONTACT: Garth Griffin, NMFS, Northwest Region, (503) 231-2005 or Tom Eagle, NMFS, Office of Protected Resources, (301) 713-2322 ext

. 105

. SUPPLEMENTARY INFORMATION: