[(3) An application to renew or, 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 new Title 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 HOW THE 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 

403 
WHICH 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 RENEW A 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 

below the 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 TERM AND 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, renew or 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 REVIEW THE 

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 perform monitoring 

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 FROM A 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 FROM THE 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 term or 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] 

THEM and 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 new or 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 new or additional applicable 

requirement . No modification is required if the effective 

date of such new or 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 from acting 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 form provided 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 .] 

STATEMENT OF PURPOSE of section 22a-174-33 : This amendment deletes several definitions that were 

moved to the general definition section of the regulations for the abatement of air pollution. (See,-proposed 

amendment to section 22a-174-1, R.C.S .A.) This amendment also deletes several procedural requirements that 

were consolidated into one new section, 22a-174-2a R.C.S .A. Therefore, much of the contents of the 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 (except for operational flexibility 

and off permit changes), (s) transfers, and (t) revocations. This amendment also addresses a number of issues 

raised by EPA in "Clean Air Act Interim Approval of Operating Permits Program; Delegation of Section 111 and 

112 Standards; State of Connecticut," Proposed Rule, 61 Fed. Reg. 64651 (December 6, 1996). The EPA issues 

not addressed herein are addressed in proposed amendments to sections 22a-174-1 and 22a-174-3a and the 

addition of section 22a-174-2a R.C.S .A. 
XV. Conclusion 

Based upon the comments submitted by interested parties and addressed in this Hearing 

Report, We recommend the proposed final regulation, as contained in Part XIV of this report, 

be submitted by the Commissioner of Environmental Protection for approval by the Attorney 

General and the Legislative Regulations Review Committee. Based upon the same 

considerations, we also recommend these proposed regulations, upon promulgation, be 

submitted to the EPA in accordance with the applicable law. 

November 14, 2001 

Christoph"6r James 

Hearing Officer 

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 

120 Mountain Avenue 

Bloomfield, CT 06002 

Steven A. Rapp, Manager 

Air Permits Program 

EPA New England, Region 1 

1 Congress Street, Suite 1100 

Boston, MA 02114-2023 

David Conroy, Manager 

Air Quality Planning Unit 

EPA New England, Region 1 

1 Congress Street, Suite 1100 

Boston, MA 02114-2023 

Peter W. Egan 

Director of Environmental Services 

Connecticut Resource Recovery Association 

100 Constitution Plaza, 17t' Floor 

Hartford, CT 06103-1722 

Andrew J. Stackpole, Environmental Director 

Department of the Navy ' 

Naval Submarine Base New London 

Groton, CT 06349-5000 

Thomas K. Scelfo, Senior Project Manager 

Samuel W. Olmstead, Staff Engineer 

Woodard & Curran 

1520 Highland Avenue 

Chesire, CT 06410 
Attachment 1 - List of Commentors 

Page 2 

Adam Chambers, Environmental Engineer 

Connecticut Fund for the Environment 

1032 Chapel Street, 3rd Floor 

New Haven, CT 06510 

Eric J. Brown, Associate Counsel 

Director, Environmental Policies Council 

Connecticut Business & Industry Association 

350 Church Street 

Hartford, CT 06103-1126 

Richard M. Davis, Assistant Director, Site Coordinator 

Global Environmental Health and Safety 

Pfizer Global Research and Development 

50 Pequot Avenue 

New London, CT 06320 

Joel Bluestein 

Energy and Environmental Analysis, Inc. 

1655 North Fort Myer Drive 

Arlington, VA 22209 

Richard A. Miller, Esq., Manager 

Environmental Regulatory Affairs 

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, CT 06010 


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 the derivation of limitations on fuel use and purchase and 

coating use and purchase for five stationary source categories. The limitations are 

derived for the purpose of establishing enforceable conditions for the five source 

categories that would limit potential emissions of any single air pollutant to less than 15 

tons per year. The values derived provide the basis for limitations included in revisions 

proposed for public comment to two regulations to control air pollution. 

The values derived are included in two new proposed Regulations of Connecticut State 

Agencies (R.C.S .A.) : section 22a-174-3b concerning exemptions from permitting for five 

source categories and section 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, emergency engines, nonmetallic 

mineral processing and surface coating operations. The fuel and coating use limits in 

new R.C .S .A. section 22a-174-3b limit potential emissions to less than 15 tons per year, 

while the fuel and coating purchase limits in R.C .S .A. section 22a-174-3c are designed to 

limit potential emissions to less than 7 tons per year. The owner or operator of a source 

operated in compliance with either Section 22a-174-3b or Section 22a-174-3c will be 

exempt from the requirement to obtain either a general permit pursuant to section 22a174(~ of the Connecticut General Statutes or a permit pursuant to section 22a-174-3a of 

the R.C.S .A. Sections 22a-174-3b and 22a-174-3c differ in the administrative 

requirements imposed on the owners or operators. 

The limitations derived are similar to requirements now included in general permits to 

construct and operate that the Department issues for automotive refinishing operations, 

surface coating operations and emergency engines . The information gained from the 

general permit program provides the Department with an extensive database to use to 

develop the requirements of Sections 22a-174-3b and 22a-174-3c and the calculations 

made in this document. The following pages provide the detail of the assumptions and 

background calculations used to develop each fuel or coating limitation and other 

operating procedures for each 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 "device that 

combusts only natural gas, propane or fuel oil, which is not a stationary internal 

combustion engine or turbine, and includes, but is not limited to, a boiler, heater, drying 

oven, curing oven, or furnace." 

The emission threshold for obtaining a permit under R.C.S .A. 22a-174-3a will be 15 tons 

per year. Since R.C.S .A. 22a-174-3b sets enforceable conditions on this source category 

to limit its potential emissions to below 15 tons per year, owners or operators may choose 

to operate in compliance with Section 22a-174-3b rather than obtain a permit issued 

pursuant to Section 22a-174-3a or a general permit issued under Section 22a-174(~ of the 

general statutes . Such owner or operator may select which of the three compliance 

options - a general permit, individual NSR permit or operation under Section 22a-174-3b 

- is best suited to its needs. An owner or operator willing to further reduce potential 

emissions may choose to operate under the more restrictive fuel purchase limitations in 

R.C.S.A. Section 22a-174-3c in exchange for less burdensome record keeping 

requirements offered. The emission thresholds derived below will limit the potential 

emissions to less than 15 or 7 tons per year, as indicated. 

For this source category, the fuel use restrictions in Section 22a-174-3b and the fuel 

purchase restrictions in Section 22a-174-3c were developed for each of four types of fuel 

as follows : the pollutant with the highest AP-42 emission factor was used as the limiting 

pollutant. 

A. Natural Gas Combustion 

For natural gas combustion, NOx has the highest emission factor, therefore is the limiting 

pollutant. 

Emission Factor Source : AP-42, Fifth edition, section 1 .4 

140 # NOx/MMscf 

where MMscf is equal to million standard cubic feet . 

Higher heating value of natural gas : 1,020 Btu/1 scf 

140 # NOx/MMscf x 1 scf/1,020 Btu = 0 .14 #/NII~IBtu, 

which is below the NOx RACT limit of 0.20 #/NIIVIBtu . 

How much fuel can a unit bum to emit 15 tpy and 7 tt)v? 

1 MMscf/140 # NOx x 15 tons / year x 2,000 #/ton = 214 MMscf/yr, and 

1 MMscf/140 # NOx x 7 tons/year x 2,000 #/ton = 100 MMscf/yr 

11/13/01 Page 2- 3 
B. Propane Combustion 

For Propane combustion NOx is the limiting pollutant. 

NOx Emission Factor : 19 # / 1000 gallons; AP-42, Fifth edition, Section 1 .5 

Higher heating value of propane : 91,600 Btu/gallon 

Conversion factor : 36.64 scf/gallon propane 

19 #/1000 gallons x 1 gallon/91,600 Btu = 0.21 #/MMBtu 

How much fuel can a unit burn to emit 15 tpy and 7 tny? 

1000 gallons/19 # x 15 tons/yr x 2000 #/ton = 1,578,947 gallons, and 

1000 gallons/19 # x 7 tons/yr x 2000 #/ton = 736,842 gallons, respectively . 

C. Distillate Fuel Oil 

Sulfur dioxide (SOZ) has the highest emission factor and therefore is the limiting 

pollutant. Section 21a-16 of the Connecticut General Statutes (C.G.S .) limits the sulfur 

content in distillate oil to 0.3%. 

Emission Factor Source: AP-42, Fifth edition, section 1 .3 

142 (%S) # SOZ/1000 gallons 

where : S is equal to the sulfur content in distillate oil. 

Higher heating value of distillate oil = 139,000 Btu/gallon of distillate oil 

142 (0.3) # SOZ/1000 gallons x 1 gallon/139,000 Btu = 0.31 #/MMBtu 

How much fuel can a unit burn to emit 15 tpy and 7 tpy of SO?? 

1000 gallons/ 142 (0.3) # SOZ x 15 tons/yr x 2,000 #/ton = 704,225 gallons, and 

1000 gallons/142 (0.3) # SOZ x 7 tons/yr x 2,000 #/ton = 328,638 gallons, respectively. 

D. Residual Fuel Oil 

Sulfur dioxide has the highest emission factor and therefore is the limiting 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 "any fuel oil of No. 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/1000 gallons 

where : S is equal to the sulfur content in residual oil. 

Higher heating value of residual oil (No. 6) = 150,000 Btu/gallon of residual oil 

157 (1 .0) # S02/1000 gallons x 1 gallon/150,000 Btu = 1 .04 #/MMBtu 

How much fuel can a unit burn to emit 15 tpy and 7 tpy of SO,? 

1000 gallons / 157(1 .0) # SOz x 15 tons/yr x 2,000 #/ton = 191,082 gallons, and 

1000 gallons / 157(1 .0) # SOz x 7 tons/yr x 2,000 #/ton = 89,172 gallons, respectively . 

A 0.5% sulfur content is required for residual fuel oil combustion in R.C.S .A. Section 

22a-174-3b. This, combined with the fuel limitations above, will result in S02 emissions 

of 7.5 tpy. 

E. Additional Requirements 

Additional requirements have been included in R.C.S.A. Section 22a-174-3b for external 

combustion equipment. The regulation specifies a heat input limit and stack height 

requirement in addition to the fuel limitation . These limitations address compliance with 

the National Ambient Air Quality Standards. An annual tune-up is also required . EPA 

will grant the Department credit towards attainment if this provision is included in the 

2001 NOx shortfall submission. 

11/13/01 Page 2- 5 
111 . Automotive Refinishing Operations 

Proposed R.C .S .A. Section 22a-174-3b defines "automotive refinishing operations" as 

"the process for coating, painting or repairing the pre-existing coat or paint applied to 

automobiles and automotive components at an automobile manufacturing plant, 

including, but not limited to surface preparation, primer application, topcoat application 

and applicator cleaning ." 

Through the automotive refinishing operations General Permit program, the Department 

has obtained extensive knowledge with this source category. The thresholds are based on 

paint or coating usage rather than emissions. Material balances are used to calculate the 

estimated emissions. 

A. Assumptions 

- 7 # volatile organic compounds (VOC) per gallon of coating (NB: experience shows 6 

#/gallon is more realistic) . 

- All VOC is in the form of HAPs to ensure HAPs remain less 10 tpy. 

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

- Paints or coatings include solvents and exclude water. 

- Field engineer staff believes that the yearly usage will be more than sufficient for a 

certain number of businesses to choose operation under this regulation. 

B. Material balance 

7 # VOC/gallon of coating x 1,000 gallons/yr x 1 ton/2000 # = 3 .5 tpy VOC 

7 # VOC/gallon of coating x 2,000 gallons/yr x 1 ton/2000 # = 7.0 tpy VOC 

C. Additional Requirement 

A requirement has been placed in R.C .S .A. Section 22a-174-3b to achieve additional 

VOC reduction credit for the ozone SIP. A high volume low pressure gun or an 

applicator with at least 65% transfer efficiency is required. 

11/13/01 Page 2- 6 
IV. Emergency Engines 

In determining potential emissions for emergency engines, the Department relies on an 

EPA's Memorandum, Calculating Potential to Emit (PTE) for Emergency Generators, 

from John S . Seitz, Director, dated September 6, 1995 (attached) . In this memorandum 

EPA identifies 500 hours as an appropriate number of hours to use in calculating 

potential to emit (PTE), not 8760 hours per year. 

For an emergency engine with a NOx RACT limit of 8 grams/horsepower-hour (diesel) 

and operating the full 500 hours, it would take a 1,587 horsepower (1 .2 MW) engine to 

emit 7 tpy. 

For a natural gas fueled emergency engine with a NOx RACT limit of 2.5 

grams/horsepower-hour and operating the full 500 hours, it would take a 5,080 

horsepower (4 MW) engine to emit 7 tpy. 

NOx has the highest emission factor and would be the limiting pollutant for diesel 

emergency engines. 

For demonstration purposes, an emergency engine with a 1000 gallon limitation (size of 

engine not being a factor) would emit the following: 

For engines less than 600 hp: 

Emission Factor =4.41 # / MMBtu NOx. Source = AP-42, Fifth edition, Section 3.3 . 

4.41 #/MMBtu x 139,000 Btu/gallon x 1000 gallons/yr x 1 ton/2000 # = 0 .3 tpy 

For engines g reater than 600 hi): 

Emission Factor: 3 .2 #/NIIVIBtu NOx. Source : AP-42, Fifth edition, Section 3 .4 . 

3 .2 # / MMBtu x 139,000 Btu/gallon x 1000 gallons/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, screening operation, bucket elevator, belt conveyor, bagging 

operation, storage bin or other equipment used to crush or grind any nonmetallic 

mineral ." 

A New Source Performance Standard (NSPS) exists for this source category, 40 CFR 60 

Subpart 000. Subpart 000 regulates particulate emissions. Therefore, Section 22a174-3b addresses NOx as the limiting pollutant. 

The fuel limitation is the fuel consumption total for operating all processing equipment. 

In most instances, all processing equipment is operated by one engine but as many as 

three engines may be used. An engine size threshold has been added because of the 

change in emission factor . The fuel limitations will restrict NOx emissions to less than 

15 tpy. 

A. For engines less than 600 hp 

NOx Emission Factor : 4.41 # / 1VIMBtu. Source: AP-42, Fifth edition, Section 3 .3 . 

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

B. For engines 2reater than 600 hp 

Emission Factor: 3 .2 #/MMBtu; NOx. Source: AP-42, Fifth edition, Section 3 .4 . 

15 tons/yr x 2000 #/ton x 1 NIMBtu/3.2 # x 1 gallon/139,000 Btu = 67,446 gallons 

C. Additional Requirements 

An additional requirement has been included to limit the sulfur content of fuel oil to 

0.05%. The Department believes that this will not place undue hardship on the source 

since most operations are portable and will be able to obtain 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. Section 22a-174-3b defines "surface coating operation" as "a process used to 

add a layer of material to a surface including spray painting, dip coating, roller coating, 

and electrostatic deposition ." Surface coating operations do not include printing, 

publishing, or packaging operations . 

Powder coating and plasma spraying are considered to have controls as an integral part of 

the process. 

Coating limitations will limit emissions to less than 10 tpy. 

A. Assumptions 

- Maximum of 6.3 # VOC per gallon of coating 

- All VOCs are HAPs to ensure HAPs remain below 10 tpy 

- Coating usage is total for all coating operations at the facility 

- Paints or coatings include solvents and excludes water. 

B. Material balance 

6.3 # VOC/gallon of coating x 1,500 gallons/yr x 1 ton/2000 # = 4 .7 tpy VOC 

6.3 # VOC/gallon of coating x 3,000 gallons/yr x 1 ton/2000 # = 9.45 tpy VOC 

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 Reduction Act, 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 40 CFR part 70. An 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a currently valid OMB control 

number. 

In reviewing State operating permit 

programs submitted pursuant to title V 

of the Clean Air Act, EPA will 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 of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a State operating permit 

program for failure to use VCS. It would 

thus be inconsistent with applicable law 

for EPA, when it reviews an operating 

permit program, to use VCS in place of 

a State program that otherwise satisfies 

the provisions of the Clean Air Act. 

Thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S .C. 

272 note) do not apply. 

List of Subjects in 40 CFR Part 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 Regional Administrator, Region 10 . 

[FR Doc. O1-20215 Filed 8-10-01; 8:45 am] 

e1LUNG CODE 6560-50-P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 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 

approve the operating permit program 

for the State of Connecticut . 

Connecticut's operating permit program 

was created to meet the federal Clean 

Air Act (Act) directive that states 

develop, and submit to EPA, programs 

for issuing operating permits to all 

major stationary sources of air pollution 

and to certain other sources within the 

states' jurisdiction . EPA is proposing to 

approve Connecticut's program at the 

same time Connecticut is proposing 

changes to its state regulations to 

address EPA's interim approval issues . 

EPA will only finalize its approval of 

Connecticut's program after Connecticut 

finalizes its rule consistent with the 

program changes and interpretations 

described in this notice. The public 

comment period for Connecticut's 

program regulations (R .C .S .A. Sections 

22a-174-2a and 22a-174-33) is open 

for comment from July 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 Program Unit, 

Office of Ecosystem Protection (mail 

code CAP) U.S . Environmental 

Protection Agency, EPA-New England, 

One Congress Street, Suite 1100, Boston, 

MA 02114-2023. EPA strongly 

recommends that any comments should 

also be sent to Ellen Walton of the 

Department of Environmental 

Protection, Bureau of Air Management, 

Planning and Standards Division, 79 

Elm Street, Hartford, Connecticut 

06106-5127. Copies of the State 

submittal and other supporting 

documentation relevant to this action, 

are available for public inspection 

during normal business hours, by 

appointment at the above addresses . 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl at (617) 918-1657 . 

SUPPLEMENTARY INFORMATION: 

I. Why Was Connecticut Required To 

Develop an Operating Permit Program? 

Title V of the Clean Air Act ("the 

Act") as amended (42 U.S .C. 7401 and 

7661 et seq.), requires all states to 

develop an operating permit program 

and submit it to EPA for approval . EPA 

has promulgated rules that define the 

minimum elements of an approvable 

state operating permit program and the 

corresponding standards and 

procedures by which EPA will approve, 

oversee, and withdraw approval of state 

operating permit programs . See 57 FR 

32250 (July 21, 1992). These rules are 

codified at 40 Code 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 to submit 

their operating permit programs to EPA 

by November 15, 1993, and requires that 

EPA act to approve or disapprove each 

program within one year after receiving 

the submittal. The EPA's program 

review occurs pursuant to section 502 of 

the Act (42 U.S .C . Sec. 7661a) and the 

Part 70 regulations, which together 

outline criteria for approval or 

disapproval. 

Where a program substantially, but 

not fully, meets the requirements of Part 

70, EPA may grant the program either 

partial or interim approval . If EPA has 

not fully approved a program by two 

years after the November 15, 1993 date, 

or before the expiration of an interim 

program approval, it must establish and 

implement a federal program. EPA 

granted the State of Connecticut final 

interim approval of its program on 

March 24, 1997 (see 62 FR 13830) and 

the program became effective on April 

23, 1997. 

II . What Did Connecticut Submit To 

Meet the Title V Requirements? 

The Governor of Connecticut 

submitted a Title V operating permit 

program for the State of Connecticut on 

September 28, 1995. In addition to 

regulations (Section 22a-174-33 of the 

Department of Environmental Protection 

Regulations), the program submittal 

included a legal opinion from the 

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 

description of how the State would 

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 Was EPA'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 interim approval to Connecticut's 

submittal . After responding to 

comments, EPA granted interim 

approval to Connecticut's submittal on 

March 24, 1997. In the notice granting 

interim approval, EPA stated that there 

were several areas of Connecticut's 

program regulations that would need to 

be amended in order for EPA to grant 

full approval of the state's program. EPA 

has been working closely 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's 
Federal Register/Vol . 66, No. 156/Monday, August 13, 2001/Proposed Rules 

regulations where the state is proposing 

to address EPA's interim approval 

issues . 

IV. What Were EPA's Interim Approval 

Issues and Where Has Connecticut 

Amended Its Regulation To 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 comply with 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 a source to make such 

a statement. 

3. Forty CFR 70.5(c)(8)(iii)(C) requires 

that compliance schedules must be as 

least as stringent as any judicial consent 

decree or administrative order. In 

Section 22a-174-33(i)(1)(B)(iv), the 

State's proposed rule removes the 

limitations on judicial 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 a Title V 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 

a citizen's petition and clarifies that a 

citizen's right to petition EPA is a 

function of federal law, not state law. 

5 . Forty CFR 70.6(a)(7) requires each 

Title V permit to contain a condition 

that a source 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 a statement requiring the annual 

payment of permit fees. 

6. Forty CFR 70.5(b) requires a source 

to submit additional or corrected 

information whenever that source 

becomes aware that the original 

application was either incorrect or 

incomplete . Section 22a-174-33(h)(2) of 

the State's proposed rule now requires 

the applicant 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 

state to 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 require the 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 DEP shall send 

these statements to EPA and anyone else 

who requests them. 

8. Forty CFR 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 program at 40 CFR 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 based emission limits 

in its description of "technology-based 

emission limitations," along with other 

inconsistencies with 40 CFR 70.6(g) . 

Section 22a-174-33(p)(2) of the State's 

proposed rule incorporates by reference 

the relevant sections of Part 70 with 

regards to the affirmative defense . The 

proposed rule also removes the previous 

definition of a technology based 

emission limit . 

30. Forty CFR 70.4(b)(12) requires 

states to allow for facilities to make 

"Section 502(b)(10) changes" with just 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 rule does not 

explicitly define "emissions allowable 

under the permit." Even though not 

explicitly stated, EPA interprets 

Connecticut's incorporation by 

reference of 40 CFR 70.4(b)(12)(i) to 

include the relevant definition of 

"emissions allowable under the permit" 

at 40 CFR 70.2 . EPA understands that 

DEP agrees with this interpretation . 

11. Connecticut's interim rule 

contained language regarding EPA's 

authority to reopen and reissue a Title 

V permit that included public hearing 

authority. Since EPA does not derive its 

hearing authority from state law, the 

hearing authority language has been 

removed and Section 22a-174-33(s) 

simply incorporates EPA's authority to 

reopen a permit under 40 CFR 70.7 . 

12. Forty CFR 70.2 defines 

"applicable requirements" as a list of 

Clean Air Act requirements . The State's 

proposed rule in Section 22a-174-

33(a)(2)(D) now includes the entire list 

of requirements found in 40 CFR 70.2 . 

13. Forty CFR 70.3 contains the 

requirements that make a source subject 

to the Title V permit program and 

Section 22a-174-33(c)(3) of 

Connecticut's interim rule created 

confusion about the applicability of 

Title V. As EPA suggested, Connecticut 

has proposed to delete this language 

from Section 22a-174-33(c)(3) to make 

it consistent with Part 70. 

14. Forty CFR 70.7(d)(4) allows a state 

to grant a permit shield for 

Administrative Amendments only when 

the change to the permit meets the 

42497 

requirements of a 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 

permit shield 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 EPA review, including a 

45 day review period of a proposed 

permit. Connecticut's interim program 

tried to merge EPA's review of the 

proposed permit with the draft permit 

that is subject to public comment. 

Although this can be done, safeguards 

must be in place in case the draft permit 

is changed. The interim program failed 

to provide EPA an additional 45 day 

review when a draft permit was changed 

after 45 days of being made available for 

public comment. Section 22a-174-33(n) 

removes this problem by incorporating 

the procedures for permit review 

contained in 40 CFR 70.8 . Connecticut's 

rule no longer merges EPA review of the 

proposed permit with the public 

comment period on the draft permit. 

16. Connecticut's interim program 

rule contained a cut-off date of 1994 

when incorporating the requirements of 

Code of Federal 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 allow the state to 

delete the cut-off date in Section 22a174-33, thereby incorporating changes 

to the CFR on an on-going basis . 

17. Connecticut's interim program 

contained an incomplete list of 

"regulated air pollutants" because of the 

issue number 16 discussed above with 

the CFR cut-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 40 CFR 70.2 . 

18. Part 70 requires permits to contain 

all applicable requirements, including 

provisions for controlling air toxic 

emissions required by section 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 

the Act. 

19. Forty CFR 70.4(b)(10) states that a 

permit will not expire when a complete 

renewal application was submitted in a 

timely manner. Section 22a-174-

33(j)(1)(B) of the State's proposed rule 

now allows continuation of a permit 
42498 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 a state to 

defer non-major sources from the Title 

V program until EPA makes a decision 

whether to include non-major sources in 

the Title V program. Section 22a-174-

33(t)(3) of the State's proposed rule is 

now consistent with Part 70 with regard 

to the applicability of non-major 

sources. 

21. Forty CFR 70.5(c) requires an 

applicant to determine the applicable 

requirements for every emission unit. 

Connecticut's interim Title V program 

shifted the determination burden from 

the applicant to the state . Section 22a174-33(g)(4) of the State's proposed rule 

is now consistent with Part 70. 

22. Connecticut's interim Title V 

program contained language describing 

EPA's authority to reopen and reissue a 

Title V permit. EPA's authority is not 

contained within state law. Therefore, 

Section 22a-174-33(r)(13) has been 

replaced with 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 if it is later 

determined to be ineligible to operate 

under a 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 a general permit 

under which it is operating shall be 

deemed to be operating without a 

permit. 

24. Connecticut's current rule allows 

changes from the State's minor new 

source review program to be processed 

as administrative amendments to the 

Title V permit, and is inconsistent with 

40 CFR 70.7(d)(1)(v) . Forty CFR 

70.7(e)(2) allows minor new source 

review permits to be incorporated into 

a Title V permit by using the 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. In Connecticut's interim Title V 

program, the state only had procedures 

for administrative and significant permit 

modification procedures . Forty CFR 

70.7(e)(1) requires states to develop 

streamlined procedures for permit 

modifications. Section 22a-174-2a of 

the State's proposed rule allows the 

state to use the equivalent of Part 70's 

minor permit modification procedures 

and is consistent with 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 70 requires that a written 

agreement between the involved parties 

be submitted to the state prior to any 

changes in ownership to ensure that 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 40 CFR 70.7(d)(1)(iv) . 

28. Forty CFR 70.6(a)(3)(i)(B) contains 

the requirements for periodic 

monitoring in a Title V permit. Section 

22a-174-33(j)(1)(K)(ii) has been 

amended to make it clear that every 

Title V permit 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 "if so 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 

regulation is the functional equivalent 

of EPA's regulation . DEP is not 

mandating that periodic monitoring 

shall be recordkeeping in all cases, but 

only in those cases where DEP 

affirmatively determines recordkeeping 

to be sufficient to collect data 

representative of a 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 of a facility, not 

just for environmental compliance. 

Section 22a-174-2a(a)(6) has been 

added to be 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 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

"Actions Concerning Regulations That 

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 no additional 

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 law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104-4) . This rule also does 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant . 

In reviewing permit program 

submissions, EPA's role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. In this 

context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no clear authority to 

disapprove a permit program 

submission for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

a permit program submission, to use 

VCS in place of a program submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer 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, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct . EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 
Federal 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 Risk and Avoidance of 

Unanticipated Takings" issued under 

the executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S .C . 3501 et seq.) 

List of Subjects in 40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements . 

Dated: August 3, 2001 . 

Ira W. Leighton, 

Acting Regional 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 CFR Part 51 

[CC Docket No. 96-98; DA 01-1658] 

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 

Commission adopted in the First Report 

and Order in CC Docket 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 : 

Dennis Johnson, Attorney Advisor, 

Network Services Division, Common 

Carrier Bureau, (202) 418-2320 . 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission's 

document regarding CC Docket No. 96-

98, released on July 12, 2001 . The 

complete text of this document is 

available for inspection and copying 

during normal business hours in the 

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 from the 

rules adopted in the Local Competition 

Second Report and Order, several 

petitions remain unresolved . 

Specifically, the remaining petitions 

seek reconsideration of the rules 

governing intraLATA toll dialing parity 

pursuant to section 251(b)(3) of the 

Telecommunications Act of 1996 (Act), 

and network change disclosure rules 

pursuant to section 251(c)(5) of the Act. 

Since many of these petitions were filed 

several years ago, the passage of time 

and intervening developments may have 

rendered the record developed by those 

petitions stale . Moreover, some issues 

raised in petition for reconsideration . 

may have become moot or irrelevant in 

light of intervening events. 

2. For these reasons, the Commission 

requests that parties that filed petitions 

for reconsideration following release of 

the Local Competition Second Report 

and Order identify issues from that 

order that remain unresolved now and 

supplement those petitions, in writing, 

to indicate which findings and rules 

they still wish to be reconsidered . To 

the extent that intervening events have 

materially altered the circumstances 

surrounding filed petitions or the relief 

sought by filing parties, those entities 

may refresh the record with new 

information or arguments related to 

their original filings that they believe to 

be relevant to the issues. The previously 

filed petitions will be deemed 

withdrawn and 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 

Commission to undertake appropriate 

and expedited reconsideration of its 

local competition rules . 

List of Subjects in 47 CFR Part 51 

Communications common carriers, 

Interconnection . 

42499 

Federal Communications Commission. 

Diane Griffin Harmon, 

Acting Chief, Network Services Division 

Common Carrier Bureau. 

[FR Doc. 01-20227 Filed 8-10-01 ; 8 :45 am] 

BILUNG CODE 6717-01-P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

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 Killer Whales 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce . 

ACTION : Notice of finding; request for 

information. 

SUMMARY: NMFS received a petition to 

list the Eastern North Pacific Southern 

Resident stock of killer whales (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 killer whale populations and their 

habitats and seeks suggestions for peer 

reviewers for any proposed listing 

determination that may result from the 

agency's status review of the species . 

DATES: Information and comments on 

the action must be received by October 

12, 2001. 

ADDRESSES: Information and comments 

on this action should be submitted to 

Chief, Protected Resources Division, 

NMFS, 525 NE Oregon Street-Suite 

500, Portland, OR 97232. Comments 

will not be accepted if submitted via 

email or the internet. However, 

comments may be sent via fax to (503) 

230-5435 . 

FOR FURTHER INFORMATION CONTACT: 

Garth Griffin, NMFS, Northwest Region, 

(503) 231-2005 or Tom Eagle, NMFS, 

Office of Protected Resources, (301) 

713-2322 ext. 105 . 

SUPPLEMENTARY INFORMATION: