# EXHIBIT C

Public Participation Documentation

1

. Certification of public hearing 2

. Identification of the hearing attendees 3

. Summary ofwritten comments and responses

# ~, TATE OF CONNECZ

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DEPARTMENT OF ENVIRONMENTAL PROTECTION

HEARING CERTIFICATION This certifies in accordance with the provisions ofTitle 40 Code of Federal Regulations Part 51 .102 that the following actions were taken regarding the proposed amendment of R .C.S.A
. section 22a-174-38, concerning municipal waste combustors: 1) The public hearingwas held on November 7, 2007 as announced in the notice of hearing (copy attached) ; 2) In accordance with the notice, materials were available forreview in each Air Quality Control Region (AQCR) in Connecticut; 3) Copies ofthe notice were mailed to the directors ofthe air pollution control agencies in New

York, New

Jersey, Rhode Island and Massachusetts alongwith a copy to the Director oftheAir Management Division of Region I of the U .S

. Environmental Protection Agency; and 4) The notice ofhearing was published in four area newspapers as follows: Newspaper AQCR Date Connecticut Post 43 October 2, 2007 Hartford Courant 42 October 2, 2007 New London Day 41 October 2, 2007 The Register Citizen 44 October 2, 2007



# ~1/1~ .0 Me iyA

.C~ Bu au ofAir

(Printed on Recycled Paper) 79 Elm Street " Hartford, CT 06106 - 5127 An Equal Opportunity EmployerNovember 7, 2007 Attending Public Hearing on the Amendment of RCSASection 22a-174-38

Steven E

. Yates Air Compliance Manager Connecticut Resources Recovery Authority 100Constitution Plaza Hartford, CT 06103-1722

Mark H

. Bobman Assistant Director Bristol Resource Recovery Facility Operating Committee 43 Enterprise Drive Bristol, CT 06010

# ~, fATE OF CONNECT

.. .. :UT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

HEARINGREPORT Prepared Pursuant to Section 4-168(d) of the Connecticut General Statutes and Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice Regarding the Amendment of Section 22a-174-38 of the Regulations of Connecticut State Agencies Municipal Waste Combustors Merrily A

. Gere Hearing Officer Date of Hearing: November 7, 2007 On September 14, 2007, the Commissioner ofthe Department of Environmental Protection (Commissioner and Department, respectively) signed a notice of intent to amend section 22a174-38 (Section 38) ofthe Regulations of Connecticut StateAgencies (RCSA) concerning municipal waste combustors (MWCs)

. Pursuant to such notice, a public hearing was held on November 7, 2007, and the public comment period closed November 9, 2007

. The amended version ofSection 38 will be submitted to the U

. S

. Environmental Protection Agency (EPA) for review and approval as a revision to the state plan to implement and enforce federal requirements for large and small MWCs pursuant to section 129 ofthe CleanAir Act (CAA)

. 1

. Hearing Report Content As required by section 4-168(d) ofthe Connecticut General Statutes (CGS), this report describes the proposal ; the principal reasons in support ofand in opposition to the proposal ; and summarizes and responds to all comments on the proposal

. Afinal recommended version of the amendment, inclusive ofchanges recommended in response to comment, is also provided

. Astatement in satisfaction of CGS section 22a-6(h) is located in Attachment 1 to this report

. II

. Purpose and Summary of the Proposal Section 38 is based on federal emissions guidelines and new source performance standards (NSPS), which EPAoriginally promulgated in 1995 to address the air quality impacts of municipal waste combustion

. Section 38 is approved by EPAas the enforceable mechanism of Connecticut's state plan for MWCs under CAAsection 129

. This amendment serves the primary purpose of updating the regulation in accordance with revisions to the large MWCemissions guidelines and NSPS, whichwere promulgated on May 10, 2006 (71 FR27324)

. In addition, the proposal removes requirements for new MWCunits, as such requirements are redundant to the independently applicable NSPS; strengthens air pollution control equipment record keeping
( Printed on Recycled Paper) 79 Elm Street " Hartford, CT 06106 - 5127

An Equal Opportunity Employerrequirements; exempts units subject to Section 38 fromthe requirements of RCSA 22a-174-22;

designates an end to the creation and use of emission reduction credits (ERCs) ; and updates the format to the Department's current conventions

. The text ofthe proposal is located in Attachment 2 to this report

. III

. Principal Considerations in Opposition to the Proposal No comments opposed moving the amendment forward to seekpromulgation

. Some commenters did oppose the proposed inclusion of two new record keeping requirements in subsection (k)

. These new subdivisions, (k)(12) and (k)(13), have no corollary requirements in the May 2006 Federal rule revisions

. Adetailed discussion ofthe comments and responses is set out in the next section ofthis report

. IV

. Summary of Comments All comments submitted are summarized below with the Department's responses. Commenters are identified by number in this section and are identified fully at the corresponding number in the list that is Attachment 3 to this report

. When changes to the proposed text are indicated in response to comment, new text is in bold font and deleted text is in strikethrough font

. Subsection (c), Mercury emission limit Comment 1

. The Department appears to be federalizing the state-only enforceable mercury limit of 28 ug/dscm7%02, or 85%removal, rather than the revised Subpart Eb/Cb limit of 50 ug/dscm7%02, or 85%removal

. The current EPA-approved state plan for Connecticut does not include the lower state enforceable limit

. [2, 3] Response: The Department does not intend to submit the mercury limit of 28ug/dscm, or 85%removal, for approval into the state plan

. Consistent with previous state plan revisions, the intention to maintain the state-only enforceable status ofthat mercury emission limit will be stated within the submission to EPAofa MWCstate planrevision that includes the final revised text of Section 38
. Subsection (d), Emission reduction credits Comment 2

: EPAnotes that Section 38(d)(5)(C) allows MWCs to create ERCs until January 1, 2009

. Section 38(d)(12) allows MWCs to use ERCs to comply with their nitrogen oxides (NOx) emission limits until May 1, 2013
. In contrast, a recent draft ofan amendment to RCSA section 22a-174-22 allows the creation and use of ERCs until January 1, 2012 (see subsections (j)(2) and (j)(11))

. EPA urges the Department to make the deadline for ERCuse and creation consistent in all Department rules

. [I] Response: EPAcorrectly identifies an inconsistency in the end to creation and use in this proposal versus that ofa proposal to amend RCSAsection 22a-174-22

. The two programs are related only in that ERCs created under Section 38 may be used for compliance with the requirements of RCSA section 22a-174-22
. Despite this relationship, the two emission reduction credit programs are complete and independent; the use ofcredits created under Section 38's programare not necessary to the integrity of the emission credit program under RCSAsection 22a-174-22

. Thus, the Department should maintain the proposed end to Section 38's ERCtrading program without regard tothe proposed amendment of RCSA section 22a-174-22.1 In sum, the Department should not revise Section 38 in response to this comment

. Subsection (k) - Operatingpractices Comment 3

. The Department should incorporate into Section 38 the May 10, 2006 Federal rule revisions provided in 40 Code of Federal Regulations (CFR) 60.58b(g)(5)(ii), 60.58b(i)(8) and (9) and 60.68b(m)(ii)

. These clarifications specify how an owner or operator should applythe maximumMWCunit load limit, maximum particulate control device inlet temperature limit and minimum

carbon feed rate limit to all similar units at a MWCplant when only one MWCunit is tested for dioxins/furans under the reduced test schedule provided in Section 38(i)(3)

. The Department should add these Federal requirements as new subsection (g)(6), as follows: (6) Notwithstanding subsections (2), (3) and (5) ofthis subdivision, ifa subsequent dioxin/furan test is being performed on only one MWCunit at a MWCplant as provided for in subdivision (i)(3), the owner or operator ofa MWCplant mayelect to apply the same maximum

particulate control device inlet temperature, maximumMWCunit load and minimum

carbon feed rate fromthe tested MWCunit to all the similarly designed and operated MWCunits at the MWCplant in accordance with 40 CFR60.58b(g)(5)(ii), 60.58b(i)(8) and (9), and 60.58b(m)(ii)

. [2, 3, 4] Response: The Department should not revise Section 38 as recommended in the comment

. The Department does not agree with EPA's approach to data substitution at a facility when a single unit is tested for dioxin/furans under the reduced test schedule provided in Section 38(i)(3)

. Substituting the maximum particulate control device inlet temperature, maximumMWCunit load and minimum carbon feed rate fromthe tested MWCunit to all the similarly designed and operated MWCunits at the MWCplant does not necessarily yield a beneficial environmental result

. Further, the Department should not include the provisions of 40 CFR 60.58b(g)(5)(ii) in Section 38, as recommended by the commenters, as those clarifications are unnecessary given that existing subsection (g)(4) provides the Commissioner the necessary ability to waive operating parameters to allow evaluation ofsystemperformance, testing of new technology or diagnostic testing

. Subsection (h) - Operator training andcertification Comment 4: The Department should revise the operator training and staffing requirements of subsection (g) to provide additional flexibility, consistent withthe May 10, 2006Federal rule revisions (see 40 CFR60.54b)

. Such flexibility is particularly important during the period after certified operators leave the facility for new employment and before new operators are hired, trained and certified under RCSAsection 22a-231-1

. That same flexibility is also important should a certified operator fall ill or use family leave time

. Specifically, the Department should add requirements similar to subsections (c)(2) and (3) in 40 CFR60.54b, which allow the facility to operate temporarilywithout a certified chiefoperator or shift supervisor under the following scenarios: 1) up to twoweeks provided those periods are

The referenced amendment of RCSA section 22a-174-22has been suspended for reformulation

.reported inthe annual report, and 2) longer than twoweeks ifwritten notification is providedto

the Department that specifies the reasons a certified chief operator or shift supervisor cannot be onsite at all times

. Such written notification would include corrective actions for expeditiously restoring coverage. Underthe second scenario, status reports are required to be submitted every four weeks summarizing actions taken to restore certified staffcoverage with provisions for the Department to disapprove
. We recognize the above changes to subsection (h) may require simultaneous revisions to RCSA 22a-231-1 as well

. [2, 3, 4] Response: The Commissioner should not revise the proposed amendment in response to this comment

. As the commenters acknowledge, the operator training and certification requirements that are approved in Connecticut's State Plan to Implement the Large and Small Municipal Waste Combustor Emission Guidelines and New Source Performance Standards are those of Connecticut's solid wastefacility operator certification and training program, asset out in RCSA section 22a-231-1

. See: http://www

ct gov/dep/cwp/viewasp?a=2718&cL325466&depNav GID=1646 That regulation sets the standards for the Department's training and certification of MWC personnel

. Subsection (c) of RCSAsection 22a-231-1 specifies on-site supervision requirements for certified chiefoperators and shift operators, restrictions on operation ofa facility after the loss ofservices ofa chiefoperator and notification requirements for replacement or loss ofcertified operators

. Any revisions to the requirements of RCSAsection 22a-231-1 would be made to improve the Department's solid waste training program andwould require a public notice, hearing and commentprocess in full satisfaction ofchapter 54 of general statutes

. Subsection (k)(12) -Record keeping requirements: control device operating parameters Comment 5

. The Department should not adopt new subsection (k)(12)

. [2, 3, 4] The federal rule does not include any such requirements because they are not useful to the Department to determine compliance and are an additional burden on the source operators

. [4] Response: New

subsection (k)(12) mirrors, to some extent, the Federal record keeping requirements for mercury air pollution control equipment

. By establishing with some specificity the record keeping requirements for reagent usage, subsection (k)(12) will improve the consistency ofair pollution control device records available to the Department

. Such information allows the Department to determine, for pollutants not monitored by continuous emissions monitoring (CEM), whether emissions comply with emissions limitations or are emitted throughout the year at levels consistent with stack test results

. As records of air pollution control equipment parameters are often used by regulatory authorities to determine ifequipment is operated properly and as most ofthe permits issued to Connecticut MWCowners and operators include similar requirements, subsection (k)(12) does not create an undue burden beyond existing permit language

. For these reasons, subsection (k)(12) should be adopted in some form

. However, the final requirements ofsubsection (k)(12) should be modified to some extent in response to comment

. See the response to comment 9for the recommended final text

.Comment 6 : If the Department feels compelled to add the air pollution control monitoring requirements proposed in subsection (k)(12), we suggest that these new requirements be made state-only enforceable and not included in the state plan revision submitted to EPA

. [2, 3] Response: The Department does not intend to submit subsection (k)(12) for approval in the state plan

. Consistent with previous MWCstate plan submissions and revisions, the Department will not request approval of requirements that are more stringent thanthe underlying Federal emissions guidelines unless such requirements are necessary for attainment of national standards or to meet other Federal requirements

. Comment 7: Proposed subsection (k)(12) is not in the spirit ofthe Department's initiatives that focus on environmental outcomes

. [4] Response: The environmental theme to which the commenter refers is Making Doing the Right Thing the Path ofLeastResistance

. This theme is a reminder to the Department to take action based on environmental outcomes

. Akey component ofthis theme is a focus on strong enforcement and compliance, and the proposed record keeping requirements are entirely consistent withthe theme

. The requirements not only provide regulatory certainty and consistency but also enhance the Department's ability to verify proper operation ofair pollution control equipment

. Comment 8

. Monitoring reagent feed rates, as proposed in subparagraphs (A) and (B) of subsection (k)(12), does not provide any meaningful information

. [2] Section 38 now includes necessary requirements to record reagent feed rates for those pollutants that are not monitored continuously

. For example, carbon feed rate is recorded as required by subsections (g)(5), (c)(13), (i)(4)(K) and others

. Inlet temperature for the particulate control device is recorded pursuant to subsections (g)(1), (j)(1) and (k)(3)(E)

. [4] Response: Reagent use over time is a useful indicator ofemissions for pollutants that are not monitored continuously
. As one commenter notes, Section 38 does specify certain reagent use record keeping requirements, but those requirements do not include all the reagent use data that the Department believes could be important to determining compliance and identifying potential air quality problems
. For example, use of urea or ammonia in a selective non-catalytic reduction system will affect particulate and ammonia emissions

. Simply because the CEM shows compliance for NOx emission limits does not mean that particulate and ammonia emissions are in compliance with applicable emission standards or are emitted at levels consistent with stack test results

. An example ofthis occurred during emissions testing at Connecticut Resource Recovery Authority's (CRRA's) Mid-Connecticut facility in January 2002

. While the emissions of NOx on Mid-Connecticut unit 11 complied with the applicable emission rate, the annualized emissions ofammonia exceeded the fifteen-ton per year regulatory limit

. By requiring the monitoring and recording ofsuch data, the Department has reasonable assurance that the stack test data is representative of operations throughout the year and may identify situations in which additional data collection and analysis is warranted

. Therefore, the Department should not revise Section 38 in response to this comment

.Comment 9

. Commenters stated three objections against the inclusion of new subparagraph (D) in subsection (k)(12), which requires operators to record air pollution control equipment operating parameter data otherthan air pollutant emissions data: " Individual air permits to construct/Title Vand/or solid waste permits already incorporate facility-specific air pollution control device operating parametermonitoring requirements based onthe permitting engineer's understanding ofdevice design and operation; the Department permitting engineer is best able to determine whichair pollution control device operating parameters makes sense to monitor

. For instance, monitoring pressure drop across a spray dryer absorber makes little sense since it has no relationship to acid gas control

. [2, 3] " The Department would not find this information useful to determine whether or not the pollution control equipment is properly controlling the target pollutants

. The primary indication ofthe proper functioning ofair pollution control equipment is a direct measurement ofwhether, and to what extent, the equipment reduces pollution
. No other indications are relevant, particularly as other parameters vary with changes in the level ofuncontrolled emissions, boiler operation and fuel content

. [4] " The language leaves open to interpretation what the "primary indicators of proper functioning" are, potentially resulting in voluminous records of insignificant data or reports ofdata already available to the Department through other means. [5] Response: The comment asserting that the direct measurement of pollutant reduction by air pollution control equipment is the best indication of proper functioning is accurate

-- at the moment of measurement

. For pollutants that are measured by annual, semiannual or quarterly stacktesting, air pollution control device operating parameters are a useful indication ofwhether or not such pollutants are continuing to be emitted at levels below emissions limits during the bulk ofthe operating time when such pollutants are not directly measured

. Ofcourse, no single parameter will in itself definitively indicate the level of pollutant emissions, but such data is useful to the Department to assess whether additional investigation is needed

. Airpollution control device operating parameters such as pressure drop across the system may be particularly helpful to determine whether or not particulate matter is controlled adequately between stack test measurements

. Particulate matter control is a particular concernat this time given the need to comply with federal standards for fine particulate matter and regional haze requirements

. That stated, proposed subparagraph (D) is general in nature and does not enhance the current ability ofthe Department to include facility-specific air pollution control device operating parameter-monitoring requirements in MWCoperating permits

. Thus, at this time, the Department should not include the requirements of subparagraph (D) in the final text ofthis amendment

. The Department should consider a future proposal to enhance particulate matter compliance determinations by requiring particulate matter-specific air pollution control device operating parameter monitoring or requiring the installation of bag house leak detectors

. To the extent an owner or operator has the ability to specify the appropriate operating parameters, such specification should be included in the intent-totest submission required by Section 38(1)(4)

.In the final version ofSection 38, subparagraphs (A) through (C) of proposed subsection (k)(12) should be retained and proposed subparagraph (D) should be eliminated, as follows: (12) For each MWCunit, the following records ofair pollution control device operationshall be maintained: (A) For each reagent, the feed rate to the air pollution control device, measured in kilograms per hour or pounds per hour, during the annual particulate emissions performance tests, with supporting calculations ; (B) For each reagent, the feed rate to the air pollution control device, measured in kilograms per hour or pounds per hour, for each hour of operation, with supporting calculations; and (C) For each calendar quarter, total reagent usage for each MWCunit in kilograms or pounds for each calendar quarter; ~.

eaeh hour- ofoperation

. Comment 10: The Department should avoid creating conflicts with air pollution control device parametric monitoring already established in permits by adding the following subparagraph (E) to proposed subsection (k)(12) : Notwithstanding the recordkeeping requirements specified in subsections (A), (B), (C) and (D) above, record keeping requirements ofair pollution control device reagent feed rates and other operating parameters established in operating permits shall take precedent

. This new

subsection would create minimum record keeping requirements forthose MWCunits that do not have defined and carefully considered requirements already in permits andwould not create a new

unnecessary record keeping burden forplants with already established requirements

. [2, 3] Response: The Department should not include subparagraph (E) as recommended by the commenters

. First, subparagraphs (A) through (C), which are recommended for inclusion in the final draft of the amendment, are clear requirements that apply regardless of the record keeping requirements currently included in MWCoperating permits

. As explained in the responses to comments 8 and 9, the Department considers that information a useful addition to the existing record keeping requirements

. If the same information is now

required in an operating permit, the owner has satisfied the regulatory requirements and does not need to retain additional records

. For those MWCunits that do not have requirements equivalent to subparagraphs (A) through (C) in an operating permit, the owner must maintain such records on and after the effective date of this amendment

. The recommended subparagraph (E) is not necessary.To the extent the commenters recommended subparagraph (E) in response to the lack of

specificity of proposed subparagraph (D), the subparagraph is not necessary. See the response to comment 9

.
Subsection (k)(13) -Record keepine requirements: daily charze andfuel usage rates Comment 11

. Subsection (k)(13) requires recording ofdaily charge rates, daily fuel usage rates and daily hours ofoperation as well as recording ofcharge and fuel usage rates as fired during each test run for each MWCunit

. The Department should delete subsection (k)(13) as it is not required by the federal rule update, and the Department has not provided anyjustification for the provision

. [2, 3, 4, 5] Specific objections to the additional requirements of subsection (k)(13) include: " Daily charge rates are not appropriate for MWCs because there is no method to weigh the municipal solid wastefed to the boiler

. [4, 5] AMWC facility relies on weight receipts, pit inventories and steam produced to estimate charging rates

. Hourly (and daily) rates associated with individual stack test runs are simply not accurate given the inherent errors in measuring pit inventory and thevariations in the fuel

. [5] " Unlike incinerators fueled by a homogeneous fuel, air emissions fromMWCs are not as tightly correlated with charge rate, since municipal solid waste has a variable content of combustible versus non-combustible materials and materials ofvarying heat production
. [4] " EPArecognized that daily charge rate data for MWCs is not useful when it exempted the MWCs fromthe requirements of40 CFR60 Subpart E in the May 10, 2006Federal rule revisions

. [4] " Steamflow

or feed water flow

are better indicators ofshort-termfiring rates than are charge rates

. Federal regulations and Section 38 require continuous hourly monitoring of this parameter

. [2, 3, 4, 5] " Fromits NSRpermitting process, CRRAunderstands that the Department is interested in short-termcharge rates to prevent too much waste frombeing processed; steam production rates are not an adequate substitute for short-termcharge rates ifthe heat transfer surfaces are fouled

. As a result, rather than short-termcharge rate data, CRRA's permit for the Mid-Connecticut facility requires monitoring and cleaning ofthe heat transfer surfaces at leasttwo times per year
. [4] " Subsection (k)(13) requires record keeping that is redundant to existing information

. Hours ofoperation and auxiliary fossil fuel usage rates are recorded for other purposes, although fuel usage rates are not necessarily recorded daily

. [4] " Individual permits andTitle Vpermits establish plant-specific requirements for MWC throughput and auxiliary fuel firing rate monitoring on a monthly or longer basis

. [2, 3, 4] Response: The majority ofthe comment in opposition to the inclusion of new subsection (k)(13) is based on the proposed requirement for owners and operators to record daily charge rates

. While comment suggests that there is nojustification for inclusion ofthe daily charge rate record keeping and that it is not possible to weigh the municipal solid waste fed to a boiler, prior to May 10, 2006 the owners of MWCs with a charging rate of more than 50tons per daywere required by Federal regulation to record daily charging rates and hours ofoperation

. See 40CFR60.53 Subpart E, Standards of performance for incinerators
. The May 10, 2006 Federal rulemaking that updated the NSPS andemissions guidelines for MWCs eliminated the owners of MWCs fromthe requirement to comply with 40 CFR 60 Subpart E

. Therefore, proposed subdivision (13) in part merely retains pre-existing federal requirements

. However,just as EPAeliminated MWCowners and operators from40 CFR60 Subpart E, and given the apparent burden that such record keeping has created for the MWC owners and operators, the Department will accept records ofsteam production as substitute, given that the permitting process offers the Department the opportunity to require owners and operators to monitor and clean heat transfer surfaces, record other parameters or take other facility-specific actions to ensure that steam production rate serves as an adequate indicator that an MWCis charged and operated properly

. To increase the value ofthe steam production rate data as well as other operating parameter data, the Department should maintain the proposed record keepingfor daily hours ofoperation and auxiliary fuel use. Most MWCoperating permits now include similar requirements, and the MWCowners and operators must maintain such information to serve other purposes (e.g ., hours ofoperation are necessary to determine compliance with CEM data availability requirements)

. Thus, specific requirements for recording hours ofoperation and auxiliary fuel use will improve the consistency of record keeping requirements and ensure that the Department has access to information necessary to determine whether MWCfacilities are operated properly

. Thefinal version ofSection 38 should clearly state the daily record keeping requirements for each unit by including the following version ofsubsection (k)(13), as follows:

following records shall be recorded daily: (A) Daily fossil fuel usage rates for each fuel ; and (B) Daily hours of operation, in which periods of startup and shutdown are distinguished

.
Comment 12: If the Department feels compelled to add MWCcharge rate-monitoring requirements, we suggest that these new requirements be made state-only enforceable and not included in the state plan revision submitted to EPA

. This will provide the Department flexibility in enforcing the requirements

. More important, the Department should avoid creating conflicts with MWCcharging rate monitoring already established in permits by adding the following clarification to section (k)(13) : Notwithstanding the above record keeping requirements, fuel and charging rate record keeping requirements established in operating permits and approved stack test protocols shall take precedent

.10

With this clarification, the new subdivision would create minimum record keeping requirements for those MWCplants that do not have defined and carefully considered requirements already in permits, yet would not create anew unnecessary record keeping and enforcement exposure burden for plants with already established requirements

. [2, 3] Response: Given the recommendation not to proceedwith the addition ofshort-term charge rate monitoring (see the response to comment 11), the commenter's concerns are moot

. The Department should not revise Section 38 in response to this comment

. V

. Minor Revisions Recommended by Hearing Officer In addition to revisions to the proposal recommended in the comment and response in Section IV ofthis report, the Hearing Officer recommends the following minor revisions also be included in the final version ofSection 38

. The revisions identified below improve the consistency and clarity of the sectionwithout revising the meaning or effect of Section 38's requirements

. " In the title ofTable 38-1, the phrase "for existing MWCs" should be eliminated as it is not necessary and is not defined

. As a result, the title ofTable 38-1 should read as follows: Table 38-1

. Air Pollutant Emission Limits for- Existing M3A'Cs [forwhich Construction Commenced Prior to September 20,1994]

. " In Section 38(c)(1), the word "Tables" should be replaced with "Table," as follows: [On and after the date specified in subsection (m) of this section, no] No owner or operator of a municipal waste combustor [for which construction commenced prior to September 20, 1994] unit subject to this section shall cause or allow the emission from such unit of any air pollutant in excess of the applicable emission limit identified in Tables Table 38-1 [and 38-1a] of this subdivision
. Subdivision (13) ofsubsection (c) should be deleted as it is redundant to subsection (g)(5) and more limited as it does not specify an averaging time

. Further, the requirement is an operating practice rather than an emission standard and so is appropriately included inthe eponymous subsection

. The deletion ofsubsection (c)(13) should appear as follows in the final text ofSection 44: (13) [During the operation ofa MWCunit, the carbon injection systemoperating parameter(s) that are the primary indicator(s) ofthe carbon mass feed rate (e.g., screw feeder setting) must equal or exceed the level(s) documented during the performance tests specified under subsection (i) ofthis section, based on a 24-hour daily average.] Reserved

. While the proposed version of Section 38 made changes to eliminate the use ofthe terms "4-hour block arithmetic average" and "4-hour arithmetic average" as inappropriate substitutes for the defined term"4-hour block average," a few inconsistent uses remain

. Those remaining inconsistencies should be corrected through the following changes: o In subsection (a), the terms "maximum demonstrated municipal waste combustor unit load" and "maximum demonstrated particulate matter control device temperature" should be revised not to eliminate the phrase "block arithmetic," as11 proposed, but only the word "arithmetic" so that the word "block" is retained and the definitions read as follows: [(13)] LU4 "Maximumdemonstrated municipal waste combustor unit load" means the highest 4-hour { block ar-ithmetie] average municipal waste combustor unit load achieved during four consecutive hours ofoperation

. . . [(14)] 15 "Maximumdemonstrated particulate matter control device temperature" means the highest 4-hour [ block aridunetie] average flue gas temperature measured at the particulate matter control device inlet during four consecutive hours ofoperation

. . . o In subsection (g)(1), the term"4-hour arithmetic average" should be replaced with "4-hour block average." o In subsection (g)(2), the insertion ofthe phrase "4-hour average" should be eliminated fromthe term"maximumdemonstrated municipal waste combustor unit load," which is a defined term, and the term"4-hour arithmetic average" should be replaced with "4-hour block average," as follows: (2) No owner or operator of a municipal waste combustor unit shall cause or allow such unit to operate at a municipal waste combustor unit load greater than one hundred tenpercent (110 %) ofthe maximum demonstrated 4 hour aver-age municipal waste combustor unit load, based on a 4-hour ar-ithmetie block average, measured " In Section 38(j)(1)(A), "R.C.S.A." should be replaced with "Regulations ofConnecticut StateAgencies" for proper format

. " In Section 38(j)(1)(C)(ii), "20 percent" should be replaced with "twenty percent (20%)" to match the format used in other provisions

. V1

. Conclusion Based upon the comments submitted by interested parties and addressed in this Hearing Report, I recommend the final amendment, included as Attachment 4 to this report, be submitted by the Commissioner for approval by theAttorney General and the Legislative Regulations Review Committee

. Based upon the same considerations, I also recommend that upon promulgation the amendment be submitted to EPAas a revision to the state plan for large and small MWCs

.

March 27, 200_8 /s/ Merrily A

. Gere Date Hearing OfficerATTACHMENT 1

Federal Standards Analysis Pursuant to Section 22a-6(h) of the General Statutes This information is provided in satisfaction ofthe requirements of C .G.S

. section 22a-6(h) in the matter ofthe proposed 2007 amendment ofsection 22a-174-38 (Section 38) ofthe Regulations of Connecticut State Agencies (R.C.S.A.)

. As explained below, for the revisions made in this proposal, either (1) the revised text is the same as analogous federal standards or (2) no analogous federal standards exist

. The proposed amendment was initiated in response to the U .S

. Environmental Protection Agency's (EPA's) May 10, 2006 revisions to the emissions guidelines and new source performance standards (NSPS) for large municipal waste combustors

. Revisions that are the same as the May 10, 2006 federal rule include: " Reductions in the cadmium, lead and particulate matter standards

. The existing mercury limitations in Section 38 are not revised since those standards are now at a level below the May 2006rule revision; " Revisions to the averaging time for measuring the performance ofa carbon injection systemto an 8-hour block average and a corresponding addition ofa definition of "8-hour block average

;" " The deletion ofall provisions applicable to municipal waste combustor units that may be constructed in the future

. As the federal NSPS are independently applicable to such units, repetition ofsuch requirements in Section 38 is unnecessary; " Revisions to the monitoring requirements, including continuous emissions monitoring requirements for sulfur dioxide and carbon dioxide, the specifications for operation of carbon injection systems andthe minimum data requirements; and " The addition ofa method to calculate nitrogen oxide and sulfur oxide emissions during the loss ofboiler water level or combustion air control

. The proposal does not include recordkeeping requirements in

.the May 10, 2006 federal rule for periods when a certified operator is not at a facility, as such requirements are not pertinent

. Section 38's operator training requirements are determined by R .C.S.A

. section 22a-231-1, which requires a certified operator to be at the facility whenever a unit is operating

. Revisions in the proposal that have no federal parallel applicable to the operation of municipal waste combustor units include: " The elimination of historical compliance dates, requirements and standards, which are constructs ofthe original state rule adoption and have been rendered unnecessary by passage oftime; " The inclusion ofa new record keeping requirement concerning air pollution control equipmentparameters

. Such a requirement is generally included in the MWCoperating permits

. The new

language establishes a consistent requirement for all facilities and provides language necessary to confirm that all air pollution control equipment is operated optimally; and" The inclusion ofan end date for the creation and use ofemissions reduction credits under Section 38

. The emissions trading program of Section 38 is a state program for which there is no equivalent in the new source performance standards (NSPS) or emissions guidelines for municipal waste combustors

.

09/05/07 Date /s/Merrily A

. Gere Bureau ofAir ManagementATTACHMENT 2 Proposed Amendment of RCSASection 22a-174-38

### DRAFT-AUGUST 27, 2u07

Section 22a-174-38 of the Regulations of Connecticut StateAgencies is amended to read as follows:
Sec

. 22a-174-38

. Municipal Waste Combustors

. (a) Definitions

. For purposes ofthis section: (1) "Calendar quarter" means a consecutive three-month period (nonoverlapping) beginning on January 1, April 1, July 1 or October 1

. (2) "Calendar year" means the twelve consecutive month period starting on January 1 and endin~ on December 31

. (3,) "Chief operator" means an individual whois in direct charge ofthe operation ofa municipal waste combustor plant andwho is responsible for overall on-site supervision, technical direction, management and performance ofthe plant

. [(3) "Cofired combustor" means an emissions unit that combusts municipal solid waste with nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and that is subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, thirty percent (30%) or less of the weight ofwhich is composed, in the aggregate, ofmunicipal solid waste as measured on a calendar quarter basis.] (4) "Continuous burning" means the continuous, semi-continuous or batch feeding of municipal solid waste for purposes ofwaste disposal, energy production or providing heat to the combustion systemin preparation for waste disposal or energy production

. Continuous burning does not include the use of municipal solid waste solely to provide thermal protection ofthe grate or hearth during the startup period when municipal solid waste is not being fed to the grate

. (5) "Continuous emission monitoring system" or "CEM system" means a monitoring system for continuously measuring the emissions ofanypollutant froma MWCunit

. (6) "Dioxin/furan" means tetra-chlorinated dibenzo-p-dioxins and dibenzofurans through octachlorinated dibenzo-p-dioxins and dibenzofurans

. (7) "Eight-hour block average" or "8-hour block average" means the arithmetic mean ofall hourly emission concentrations or parameter levels when a municipal waste combustor unit is operating and combusting municipal solid waste measured over any ofthree 8-hour periods oftime: midnight to 8 a.m . ; 8 a.m . to 4 p.m

. ; 4 p.m . to midnight

. "Dscf/mmBTU" means dry cubic feet at standard conditions per million British thermal unit

. [(8)] (9,) "F-factor," "fc" or "fd" means a ratio ofcombustion gas [volumes] volume to heat [inputs] input either unit-specific or as defined in 40 CFR60, Appendix A, Method 19

.

### DRAFT-AUGUST 27, 2007
1910-0-1 "Four-hour block average" or "4-hour block average" means the [average] arithmetic mean ofall hourly emission concentrations or parameter levels when a municipal waste combustor unit is operating and combusting municipal solid waste measured over any ofsix 4-hour periods [from] oftime: midnight to 4 a.m .[,] i 4a.m

. to 8a.m

.[,] ; 8 a.m

. to noon[,] ; noon to 4 p.m .[,] i 4 p.m . to 8 p.m

.[,] = and 8 p.m

. to midnight
. [(10)] 11 "Historical actual twenty-four hour daily NOx average" means one or more calendar years of CEM

data fromno earlier than 1994 or another period of data approved by the commissioner as representative of NOx emissions

. [(11)] 12 "Malfunction" means any sudden, infrequent and not reasonably preventable failure of airpollution control equipment, process equipment or a process to operate in a normal or usual manner. Afailure that is caused in part by poor maintenance or negligent or careless operation shall not be considered a malfunction

. [(12)] 13 "Mass burn waterwall combustor" means a field-erected combustor that combusts primarily unprocessed municipal solid waste (i .e., municipal solid waste that is not processedmunicipal solid waste) in a waterwall furnace

. [(13)] 1~4,) "Maximumdemonstrated municipal waste combustor unit load" means the highest 4- hour [block arithmetic] average municipal waste combustor unit load achieved during four consecutive hours ofoperation that corresponds to a test run during the most recent dioxin/furan emissions performance test that demonstrates compliance with the applicable limit for dioxin/furan specified in subsection (c) ofthis section

. [(14)] 15 "Maximumdemonstrated particulate matter control device temperature" means the highest 4-hour [block arithmetic] average flue gas temperature measured at the particulate matter control device inlet during four consecutive hours ofoperation that corresponds to a test run during the most recent dioxin/furan emissions performance test that demonstrates compliance with the applicable limit for dioxin/furan specified in subsection (c) ofthis section

. [(15)] 16,~ "mg/dscm" means milligrams ofair pollutant per dry standard cubic meter

. [(16)] 17 "Modification" means "modification or modified municipal waste combustor unit" as defined in 40CFR60.51b

. [(17)] (18) "Municipal solid waste" means municipal solid waste as defined in section 22a-207 of the Connecticut General Statutes

. [(18)] 19 "Municipal waste combustor," "municipal waste combustor unit" or "MWC" means anypart or activity ofany stationary source which part or activity emits or has the potential to emit any regulated air pollutant or any hazardous air pollutant, exclusive ofassociated air pollution control equipment, that combusts municipal solid waste, inclusive ofthose emissions units constructed prior to January 1, 2007 combusting a single-item waste streamoftires

. Combustors that combust landfill gases collected by landfill gas collection systems are not municipal waste combustors

.

### DRAFT-AUGUST 27, 2o07

[(19)] 2~0,) "Municipal waste combustor plant" or "plant" means any premises at which one or more municipal waste combustor units are situated

. [(20)] (21) "Municipal waste combustor unit load" means the rate at which steam is produced at a municipal waste combustor (measured in lbs/hr or kg/hr)

. [(21)] (12) "ng/dscm" means nanograms ofair pollutant per dry standard cubic meter

. [(22)] CZ 3j Emissions Reductions Credit" or "ERC" means an air pollutant reduction created in the nitrogen oxides emissions trading program described by this section

. [(23)] (24) "NOx Trading Baseline" means that value, determined as specified in subsection (d) of this section, used to calculate the quantity of ERCs created or used by a MWCunit

. [(24)] t25) "Ozone season" means the period ofany calendar year beginning on May 1 and ending on September 30

. [(25)] tL6) "Premises" means the grouping ofall stationary sources at any one location and owned by or under the control ofthe same person or persons. [(26)] 27 "Processed-municipal solid waste" means a type of municipal solid waste produced by sorting municipal solid waste by size and/or altering the size of municipal solid waste through mechanical means. [(27)] 2~8,) "Processed-municipal solid waste combustor" means a steam-generating MWCthat burns processed-municipal solid waste in a semisuspension firing mode using air-fed distributors

. [(28)] t29) "Reciprocating grate waste tire fired incinerator/boiler" means a combustor that burns tires as its principal fuel

. [(29)] (30) "Scf/mmBTU" means cubic feet at standard conditions per million British thermal unit

. [(30)] 31,) "Shift operator" means an individual who is in direct charge ofthe operation ofa shift ofa municipal waste combustor plant andwho is responsible for on-site supervision, technical direction, management and overall performance ofthe plant during a shift

. [(31)] 32 "Shutdown period" means the period oftime commencing when a municipal waste combustor operator discontinues the feed of municipal solid waste to the combustor in order to cease operation

. [(32)] tL31 "Six-minute arithmetic average" or "6-minute arithmetic average" means the arithmetic mean calculated fromthirty-six (36) or more data points equally spaced over each 6-minute period

. [(33)] 34 "Standard conditions" means a temperature of 20 degrees centigrade and a pressure of 101 .3 kilopascals

.

### DRAFT-AUGUST 27, 2007 '" [(34)] 35 "Startup period" means that period oftime commencing when a municipal waste combustor begins the continuous burning of municipal solid waste, exclusive ofany warmup period when a municipal waste combustor is combusting fossil fuel or other nonmunicipal solid wastefuel, and no municipal solid waste is being fed to the combustor
. [(35)] 36 "Total mass" or "total mass dioxin/furan" means the total mass oftetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans, as determined using EPAReference Method 23 and the procedures specified under subsection (i)(4) ofthis section

. [(36)] (a7) "Twenty-four hour daily average" means the arithmetic mean of all hourly emission concentrations as required by this section when a unit is operating and combusting municipal solid waste measured over a 24-hour period between midnight and the following midnight

. [(37)] 38 "Twenty-four hour daily geometric average" means the geometric mean of hourly emission concentrations [regulated] as required by this section when a unit is operating and combusting municipal solid waste measured over a 24-hourperiod between midnight and the following midnight

. The geometric mean shall be calculated using the following equation: [ ] [_L E [In( A, ;)]]



# G = 2 n .i=1 where: [EgQ] G= daily geometric average pollutant concentration, correctedto 7%OZ or

equivalent percent COZ ; [Ehj] A= [hourly] arithmetic average pollutant concentration or hour ' corrected to 7%02or equivalentpercent C02 ;

n = total number ofhourly averagesfor whichpollutant concentrations are available within the 24 hour midnight to midnight dailyperiod ; In = the natural log [ofthe indicated value] unction; and
e = the natural logarithmic base (2.718) [raised to the value enclosed by the brackets]

. [(38)] 39 "Waterwall furnace" means a combustion unit having energy (heat) recovery in the furnace (i .e., radiant heat transfer section) ofthe combustor

. (b) Applicability

.

### DRAFT -AUGUST 27, 2v07

(1) This section shall apply to the owner or operator ofany municipal waste combustor[ .] excep t for a MWCunit that meets the conditions ofeither subparagraph (A) or (B) ofthis subdivision: The unit is subject to 40 CFR 60 Subpart Eb and the owner has obtained forthat unit a permit issued under section 22a-174-3a ofthe Regulations of Connecticut State Agencies, which permit contains emission limits at least as stringent as those stated in subsection (c) ofthis section for sulfur oxides and mercury; or ~B,) The unit is subject to 40 CFR60 Subpart AAAAand the owner has obtained for that unit a permit issued under section 22a-174-3a ofthe Regulations of Connecticut State Agencies, which permit contains emission limits at least as stringent as those stated in subsection (c) ofthis section for sulfur oxides and mercury. (2) Aphysical or operational change including installation ofcontrol equipment made to a municipal waste combustor primarily to comply with any emission standard required by permit, order or regulation is not considered in determining whether the unit is a modified or reconstructed facility underthis section

. (3) The owner or operator ofany municipal waste combustor required to have apermit under section 3005 ofthe Solid Waste Disposal Act (42 U .S.C.A

. section 6925) is not subject to this section for the operation ofsuch unit

. (4) The owner or operator ofany recycling facility as defined in section 22a-207 ofthe general statues, including a primary or secondary smelter, that combusts waste for the primary purpose of recovering metals is not subject to this section for the operation of such unit

. (5)
[(6) [This section shall not apply to] The owner or operator ofa cement [kilns] kiln firing municipal solid waste is not subject to this section for the operation ofsuch unit

. The owner or operator ofany cofired combustor is not subject to this section provided such owner or operator : (A) Notifies the commissioner inwriting priorto the compliance date indicated in subsection (m) ofthis section that the owner or operator claims such combustor is not subject to this section, if the cofired combustor is an existing unit, or such owner or operator notifies the commissioner in writing prior to commencing operation, ifthe cofired combustor is a unit for which construction commences after the effective date ofthis section; (B) Provides the commissioner with a copy ofthe federally enforceable permit limiting the unit to combusting a fuel feed stream, thirty percent (30%) or less ofthe weight of which is composed, in the aggregate, ofmunicipal solid waste as measured on a calendar quarter basis;

### DRAFT-AUGUST 27, 2007 `

(C) Records on a calendar quarter basis the weight of municipal solid waste combusted at the cofired combustor and the weight ofall other fuels combusted at the cofired combustor; and (D) Maintains the records required by subparagraph (C) ofthis subdivision at the premises for a period offive (5) years fromthe date ofthe record's creation and makes such records available to the commissioner or administrator upon request.] The owner or operator ofa municipal waste combustor unit to which this section applies shall not be subj,ect to section 22a-174-22 ofthe Regulations ofConnecticut State Agencies for such unit

. (c) Emission limits

. (1) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator of a municipal waste combustor [for which construction commenced prior to September 20, 1994] unit subject to this section shall cause or allow the emission fromsuch unit of any air pollutant in excess ofthe applicable emission limit identified in Tables 38-1 [and 38-1a] ofthis subdivision

.

### DRAFT-AUGUST 27, NO

Table 38-1

. Air Pollutant Emission Limits for ExistinS MWCs [for which Construction Commenced Prior to September 20,1994]

. Air pollutant Emission limit Particulate matter [27] 25 mg/dscm Cadmium [0.040] 0.035 mg/dscm Lead [0.44] 0.400 mg/dscm Mercury [0.080] 0.028 mg/dscm, or 85% reduction by weight measured as required by [subdivision (7) of] subsection (c)~7,~ ofthis section Sulfur dioxide -- 51 parts per million by volume (ppmvd), or Reciprocating grate 75%reduction by weight or volume measured waste tire fired as required by [subdivision (7) of] subsection incinerator/boilers (c)(Dofthis section Sulfur dioxide -- 29 parts per million by volume (ppmvd), or Mass burn waterwall 80%reduction by weight or volume measured combustors for which as required by [subdivision (7) of] subsection construction (c)(Dofthis section commenced after December 20, 1989 Sulfur dioxide -- 29 parts per million by volume (ppmvd), or All other MWCs 75%reduction by weight or volume measured as required by [subdivision (7) of] subsection 

### (c)Qofthis section Hydrogen chloride 29 parts per million by volume (ppmvd), or 95%reduction by weight or volume measured as required by [subdivision (7) of] subsection j (c)(7j ofthis section Hydrogen chloride -- 25 parts per million by volume (ppmvd), or Mass burn waterwall 95%reduction by weight or volume measured combustors for which as required by [subdivision (7) of] subsection 

### construction (c)(7) ofthis section commenced after December 20, 1989 Dioxin/furan 30 ng/dscm total mass Opacity 10%

### DRAFT -AUGUST 27, 2007

[Table 38-1a

. Additional Air Pollutant Emisson Limits for MWCs for which Construction Commenced Prior to September 20, 1994
. Air pollutant Emission limit Mercury I 0 .028 mg/dscm, or 85% reduction by weight measured as required by subdivision (7) ofsubsection (c) ofthis section (2) [On and after the date specified in subsection (m) ofthis section, no owner or operator ofa municipal waste combustor for whichconstruction, modification or reconstruction commenced on or after September 20, 1994 shall cause or allow the emission ofany air pollutant in excess ofthe applicable emission limit identified in Tables 38-2and 38-2a ofthis subdivision.] Reserved

. [Table 38-2
. Air Pollutant Emission Limits for MWCs for which Construction, Modification or

Air pollutant Emission limit Particulate matter (PM) 24 mg/dscm 

### Cadmium(Cd) 0.020mg/dscm Lead (Pb) 0 .20 mg/dscm Mercury (Hg) 0 .080mg/dscm, or 85% reduction by weight measured as required by subdivision (7) of subsection (c) ofthis section Sulfur dioxide (S02) 29 ppmvd, or 80% reduction by weight or volume measured as required by subdivision (7) 

### ofsubsection (c) ofthis section Hydrogen chloride (HCl) 25 ppmvd, or 95% reduction by weight or volume measured as required by subdivision (7) ofsubsection (c) ofthis section Dioxin/furan 13 ng/dscm total mass Opacity 10% Reconstruction Comm enced on or after Sep

tember 20, 1994

.

### DRAFT-AUGUST 27, 2v07

Table 38-2a

. Additional Air Pollutant Emission Limits for MWCs for which Construction, Modification or Reconstruction Commenced on or after September 20, 1994

. Air pollutant Emission limit

(3) Mercury I 0 .028 mg/dscm, or 85%reduction by weight measured as required by subdivision (7) of subsection (c) ofthis section ] Continuous compliance with the particulate matter, cadmium, lead, mercury, hydrogen chloride and/or dioxin/furan emission limits shall be determined based on an initial performance test, annual performance test or other appropriate performance test, as determined in writing by the commissioner., unless otherwise allowed by this section

. Such tests shall be performed as required by subsection (i) ofthis section

. (4) Continuous compliance with the sulfur dioxide emission limits contained herein shall be based on a 24-hour daily geometric average ofthe hourly arithmetic average emission concentrations using CEM

systemoutlet data ifcompliance is based on an emission concentration, or CEM systeminlet and outlet data ifcompliance is based on a percent reduction

. (5) Continuous compliance with the opacity emission limit contained herein shall be based on a six-minute arithmetic average. (6) For an air pollutant for which this subsection provides for an emission limit measured either as a concentration or as a percentage reduction by weight or volume, the less stringent emission limit shall prevail

. (7) For an air pollutant for which this subsection provides for an emission limit measured either as apercent reduction by weight or a percent reduction by volume, compliance shall be determined by measuring the concentration ofair pollutant at the outlet ofthe air pollution control device that discharges directly to the stack, subtracting it fromthe concentration at the inlet ofthe air pollution control device that receives exhaust gases directly fromthe combustion chamber, dividing the difference by the concentration ofair pollutant at the inlet to the air pollution control device that receives exhaust gases directly fromthe combustion chamber and then multiplying that result by a factor ofone-hundred (100)

. (8) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor shall cause or allow the emission ofnitrogen oxides (NOx) in excess ofthe applicable emission limit identified in [Tables] Table 38-3, [and 38-3a] ofthis subdivision

.

### DRAFT -AUGUST 27, 2007

Nitrogen oxides emission limit, measured in parts per million volume, Municipal waste combustor technology corrected to seven percent oxygen, dry basis, or equivalent percentage carbon dioxide as specified in subdivision (12) ofthis subsection Mass burn refractory combustor 185 Mass burn waterwall combustor for which construction 205 commenced on or before December 20, 1989 Mass burn waterwall combustor for which construction 180 commenced after December 20, 1989 and on or before 

### September 20, 1994 Mass burn waterwall combustor for which construction 180forthe one-year period II commenced after September 20, 1994 beginning on the date of completion ofthe initial performance test required by this section, and 150for that period oftime subsequent to the one-year period identified above Processed-municipal solid waste combustor 220 Reciprocating grate waste tire fired incineratorlboiler 79

Table 38-3

. Nitrogen Oxides Emission Limits

.

### DRAFT-AUGUST 27, 2007

Table 38-3a

. Additional Nitrogen Oxides Emission Limits

. Nitogen oxides emission limit, measured in parts per million volume, Municipal waste combustor technology corrected to seven percent oxygen, dry basis, or equivalent percentage carbon dioxide as specified in subdivision (12) ofthis subsection Mass burn refractory combustor I 177 I~ Mass burn waterwall combustor for which construction 200 commenced on or before December 31, 1985 Mass bum

waterwall combustor for which construction 177 I commenced after December 31, 1985 and on or before September 20, 1994 Mass burn waterwall combustor for which construction 177 for the one-year period commenced after September 20, 1994 beginning on the date of completion ofthe initial performance test required by this section, and 150for that period oftime subsequent to the one-year period identified above Processed-municipal solid waste combustor 146

### DRAFT-AUGUST 27, 2007
Table 38-3

. Nitroizen Oxides Emission Limits

.



### (9) unicipal waste combustor technology Nitmen oxides emission limit, measured in parts per million volume, corrected to seven percent oxyizen, dry basis, or equivalent percentage carbon dioxide as specified in subdivision (12) of this subsection Mass burn refractory combustor 177 Mass burn waterwall combustor for which construction _200 commenced on or before December 31, 1985 Mass burn waterwall combustor for which construction _177 commenced after December 31, 1985 Processed-municipal solid waste combustor 146 Reciprocating grate waste tire fired incinerator/boiler 79
Continuous compliance with the nitrogen oxides emission limits contained herein shall be based on a 24-hour daily [arithmetic] average. 

### 12

(10) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor unit subject to this section shall cause or allow an emission of carbon monoxide in excess ofthe applicable emission limit identified in Table 38-4ofthis subdivision

.

### DRAFT-AUGUST 27, NO

Table 38-4
. Carbon Monoxide Emission Limits

.

Carbon monoxide emission limit, measured in parts per million Municipal waste volume at the combustor Averaging time, in hours, combustor technology outlet and corrected to calculated as an seven percent oxygen, arithmetic average dry basis, or equivalent percentage carbon dioxide as specified in subdivision (c)(12) of this section Mass bum

refractory 100 4 combustor Mass burn waterwall 100 4 combustor Processed-municipal solid 200 24 waste combustor [ for which construction commenced prior to 

### September 20, 1994 ] [ Processed-municipal [ 150] [ 24 ] solid waste combustor for which construction commenced on or after September 20, 1994 ] Reciprocating grate waste 180 4 tire fired incinerator/boiler (11) The emission limits and operating requirements ofthis section shall apply at all times except during periods ofstartup, shutdown or malfunction as provided in this subdivision: 

### 13

(A) [The] For determining compliance with an applicable carbon monoxide emissions limit, ifa loss of boiler water level control or a loss ofcombustion air control is determined to be amalfunction, the duration ofthe malfunction period shall be limited to fifteen (15) hours per occurrence. Otherwise, the duration ofeach startup, shutdown or malfunction period shall be limited to three hours per occurrence for all MWCunits; (B) For the purpose ofcompliance with the opacity emission limits, during each period of startup, shutdown or malfunction, the opacity limits shall not be exceeded during more than five (5) 6-minute arithmetic average measurements; and

### DRAFT-AUGUST 27, 2007 14

(C) [For determining compliance with an applicable carbon monoxide emissions limit, ifa loss of boiler water level control or a loss ofcombustion air control is determined to be a malfunction, the duration ofthe malfunction period shall be limitedto fifteen (15) hours per occurrence.] During periods ofstartuu shutdown or malfunction, monitoring data shall be excluded fromcalculations ofcompliance with the emission limits and operating requirements ofthis subdivision but shall be recorded and reported in accordance with subdivisions (k) and (l) ofthis section

. (12) All emission limits in this subsection, except for those identified for opacity, shall be corrected to seven percent oxygen (7% 02), unless the owner or operator submits information tojustify a correction to an equivalent percent carbon dioxide (%C02) and receives the commissioner's written approval

. If the owner or operator ofa MWCseeks to use an equivalent % C02, the owner or operator must demonstrate the relationship between OZ and C02 levels as specified in [subparagraph (J) ofsubdivision (4) of] subsection (i) (4)(J) ofthis section and submit a written report to the commissioner summarizing the results ofthe demonstration

. This relationship may be reestablished during any performance test conducted pursuant to subsection (i) ofthis section

. (13) Duringthe operation ofa MWCunit, the carbon injection systemoperating parameter(s) that are the primary indicator(s) ofthe carbon mass feed rate (e.g., screw feeder setting) must equal or exceed the level(s) documented during the performance tests specified under subsection (i) ofthis section, based on [a 24-hour daily] an 8-hour block average. (14) Notwithstanding [subparagraphs (D), (E) and (F) ofsubdivision (4) of] subsection (i) 4 D through (F) ofthis section, for the purpose of submitting compliance certifications or for the purpose ofthe commissioner establishing whether the owner or operator has violated or is in violation ofany emission limit or standard in this subdivision, nothing shall preclude the commissioner's use, including the exclusive use, ofany appropriate performance test results, credible evidence or information relevant to demonstrating compliance with the applicable requirements ofthis section

. (15) Notwithstanding subdivision (12) ofthis subsection, the owner or operator ofa reciprocating grate waste tire fired incinerator/boiler shall correct all emission limits, except for those identified for opacity, to 12%C02

.

### DRAFT-AUGUST 27, 207

(d) Nitrogen oxides (NOx) emissions trading program . 15

(1) The owner or operator ofa MWCunit for which construction commenced prior to December 20, 1989 may use emissions trading to meet some or all of the NOx emission reductions required for compliance with the emission limits in [subdivision (8) ofJ subsection (c)L8) ofthis section, subject to the limitations described inthis subsection for the NOx emissions trading program . (2) The owner or operator ofa municipal waste combustor for which construction commenced on or after December 20, 1989 may participate in the NOx emissions trading program described in this subsection as follows: (A) Such owner or operator may notuse NOx Emission Reduction Credits (ERCs) to comply with the applicable NOx emission limits in subsection (c) ofthis section; and (B) Such owner or operator maycreate ERCs in accordance withthe requirements ofthis subsection ifactual NOx emissions froma unit are lower than the applicable NOx emission limits in subsection (c) ofthis section and lower than any applicable NOx Trading Baseline

. (3) For inclusion in the NOx emissions trading program, an owner or operator ofamunicipal waste combustor unit shall submit a NOx trading protocol to the commissioner for reviewandwritten approval on or before December 1, 1999

. The protocol shall include, at a minimum : (A) Aformal request to participate in the NOx trading program ; (B) ANOxTrading Baseline and supporting data

. The NOx Trading Baseline shall be determined as follows: (i) If the historical actual twenty-four hour daily NOx average (ppmv @ 7%02 or ppmv @ an equivalent %

C02, as specified in subdivision (12) ofsubsection (c) ofthis section) is higher thanthe applicable NOx limit set forth in subsection (c) ofthis section, then the applicable subsection (c) NOx limit shall be the NOx Trading Baseline, (ii) Ifthe historical actual twenty-four hour daily NOx average (ppmv @ 7%OZ or ppmv @

an equivalent %

C02, as specified in subdivision (12) of subsection (c) ofthis section) is lower than the applicable NOx limit set forth in subsection (c) ofthis section and such lower average concentration is the result of installation ofcontrol equipment or modification ofa MWCunit solely for the purposes of meeting the requirements ofthis regulation or section 22a-174-22 ofthe Regulations ofConnecticut State Agencies, then the applicable NOx limit of subsection (c) ofthis section shall be the NOx Trading Baseline

. Control equipment or modifications installed prior to 1990, or installed on new sources since 1990 or installed to meet BACT or LAER requirements shall not be

### DRAFT -AuGUST 27, 2007
considered as having been installed as a result ofthe requirements ofthis section or section 22a-174-22, or 

### 16

(iii) If the historical actual twenty-four hour daily NOx average (ppmv @ 7%02 or ppmv @

an equivalent %

C02, as specified in [subdivision (12) of] subsection (c) ( 12) ofthis section) is lower thanthe applicable NOx limit set forth in subsection (c) ofthis section, then a NOx Trading Baseline shall be established based on the historical actual twenty-four hour daily NOx average; (C) Adetailed methodology for determining and recording hourly heat input (mmBTU/hr) ; and (D) All calculations, using the formulas provided in [subparagraph (E) of] subdivision (4)(E,) ofthis subsection, ofthe number of ERCs created and/or used

. Calculations shall specify unit-specific values for NOx limits, f-factors and C02correction factors, as applicable

. (4) The owner or operator of a municipal waste combustor unit participating in the MWCNOx emissions trading program shall use the following methodology to determine on a daily basis the quantity of ERCs created or used: (A) Calculate NOx DailyAverage Concentration (24-hour block arithmetic average basis) and compare it to the applicable NOx limit of [subdivision (8) of] subsection (c)M of this section; (B) If the NOx Daily Average Concentration is greaterthan the applicable NOx limit of [subdivision (8) ofJ subsection (c)(n ofthis section, then calculate the number of ERCs used; (C) If the NOx Daily Average Concentration is less than the applicable NOx limit of [subdivision (8) ofJ subsection (c)M ofthis section but greater than the NOxTrading Baseline, then ERCs shall neither be used nor created; (D) If the NOx DailyAverage Concentration is less than the NOx Trading Baseline, calculate the number of ERCs created; and (E) Use the following formulas to calculate the number of ERCs used or created: [ Ibs ERCs used =

[NOx DailyAverage Concentration - (0.95 x applicable NOx limit of subdivision (8) ofsubsection (c) ofthis section)] x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Average] x [# ofActual Operating Hours in the DailyAveraging Period]

### DRAFT-AUGUST 27, 2vU7
lbs ERCs used =

[NOx DailyAverage Concentration - (0.95 x applicable NOx limit of subsection (c)(8) ofthis section)] x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Averag-e] x f# ofActual Operating Hours in the Daily Averaging Period]

lbs ERCs created =

[NOx Trading Baseline - NOx DailyAverage Concentration] x [1 .194 x 10-7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Average] x [# ofActual Operating Hours in the DailyAveraging Period] x [0.85] 17

where: NOx DailyAverage Concentration: Average of all valid hourly NOxvalues (ppmvd @ 7%02or ppmv @

an equivalent %

C02) recorded during the Daily Averaging Period

. 1 .194 x 10-7: NOx concentration conversion factor

. Diluent Correction: If 02is used as the diluent, then the diluent correction = [20 .9/ 20.9 - 7]

. If C02 is used as the diluent, then the diluent correction = [100/ equivalent % C02]

. f-factor: If 02 is used as the diluent, then fd is inthe units ofdscf/mmBTU

. If COz is used as the diluent, then fc is in the units ofscf/mmBTU

. An f-factor may be either unit-specific or adopted fromTable 19-1 in 40CFR [Part] 60, Appendix A, Method 19

. Daily Heat Input Rate Average: Average ofall valid hourly Heat Input Rate values (mmBTU/hr) recorded during the DailyAveraging Period

. Daily Averaging Period: The total ofall operating hours in a day during which municipal solid waste is beingfed to a boiler and/or when the boiler load is at least 75% of maximum

rated capacity

. NOxTrading Baseline: The NOx concentration used as the baseline from which ERC creation is determined

. The Trading Baseline will be the applicable NOx limit of [subdivision (8) of] subsection (c)(8) ofthis section or, ifthe historical actual daily average concentration is less than the applicable NOx limit of [subdivision (8) of] subsection (c)(n ofthis section, thevalue established by the commissioner (ppmvd @ 7%02 or ppmv @

an equivalent %

C02)

. 0 .85: This factor represents 10%ERCretirement for environmental benefits and 5% retirement for heat input measurement uncertainties

. If the owner or operator installs

### DRAFT -AUGUST 27, 2007 ` 18

and calibrates exhaust gas flow monitors in amanner acceptable to the commissioner, certifies that the equipment specifications have been met and are being met and uses such monitors to determine heat input to the unit, then 0 .90 can be substituted for 0 .85

. (5) Any MWCowner or operator seeking to create ERCs pursuant to this subsection shall : (A) In accordance with subsection (k) ofthis section, maintain records for each MWCunit showing daily NOx mass emissions, actual NOx concentrations (24-hour average), daily operating hours and ERCs created ; [and] (B) Submit a written request to the commissioner for approval of ERCs created priorto the use, sale or transfer of such ERCs

. Such request shall include the following minimum information: (i) the monthly operating reports ofactual fuel use in mmBTU, (ii) the daily actual NOx mass emissions and NOx concentrations (24-hour average), (iii) the number ofvalid data hours in each 24-hour period for which approval is requested, (iv) the number ofoperating hours per day, and (v) the quantity of ERCs created[ .] ; and (C) Create all such ERCs prior toJanuary 1, 2009

. (6) Any MWCowner or operator intending to use ERCs pursuant to this subsection shall : (A) No later than the first day ofeach calendar month, calculate, in tons, ERCs per month for each MWCunit, the projected maximum number of ERCs required for that calendar month using the formulas provided in [subparagraph (E) of] subdivision (4)Qofthis subsection; (B) No later than the first day ofeach calendar month, acquire a sufficient number of ERCs approved by the commissionerto match the quantity needed as determined according to subparagraph (A) ofthis subdivision

. The quantity needed may be satisfied with unused ERCs created or acquired in previous months, subject to the restrictions of subparagraph (D) ofthis subdivision

. Credits to be used during the ozone season must have been generated during the ozone season; (C) No laterthan the twentieth day ofeach month, calculate and record the actual quantity of ERCs used in the preceding calendar month;

### DRAFT-AUGUST 27, 2u07

[ (D) Maintain documentation demonstrating that ERCs used during the ozone season were

generated during an ozone season. An ERCgenerator certification shall be sufficient for such demonstration; 

### 19

(E) Prior to May 1, 2001, any ERCs used for meeting the emission limits contained in subdivision (8) ofsubsection (c) ofthis section shall have been created within the two calendar years preceding the year ofsuch ERCuse; (F) On and after May 1, 2001, any ERCs used to meetthe emission limits contained herein shall have been created on or after May 1, 1999; ] [(G)] Q An ERCused to meet the emission limits contained herein shall have been created within the five calendar years preceding the year ofsuch ERCuse; and [(H)] F~ For the purposes of [subparagraphs] subparagraph (E) [through (G)] ofthis subdivision, an ERCis considered created in the same calendar year the NOx emission reduction occurs at a plant or source. (7) No later than March 1 ofeach year, the MWCowner or operator shall provide to the commissioner a report containing the following information: (A) Arecord for the previous calendar year ofeach use, sale or other transfer ofany and all of the ERCs created in accordance with this subsection; and (B) Arecord for the previous calendar year ofactual NOx emissions fromthe facility and each MWCunit, the quantity of ERCs created and the quantity of ERCs used, on a monthly basis and an ozone season basis

. (8) Any reports required by this subsection shall be made on forms furnished or prescribed by the commissioner

. (9) Any creation or use of ERCs for the purposes ofthis subsection shall conform to the provisions ofthe U .S

. Environmental Protection Agency's "Economic Incentive ProgramRules," 40 CFR [Part] 51, Subpart U

. (10) Any emission reductions under this subsection for the purposes of ERCcreation shall [be] : (A) [Calculated] Be calculated in a reliable and replicable manner; and (B) Not be a reduction required by any provision ofthe state implementation plan at the time the reduction was made, nor shall the reduction be relied upon in an applicable attainment demonstration or required by state or federal permit or order, except where a state or federal permit or order is used to set a NOx trading baseline as defined by subdivision (3) ofthis subsection

.

### DRAFT-AUGUST 27, 2007 

## 20 (11) It shall be a violation ofthis section if the calculation specified by [subparagraph (C) of] subdivision (6)(C) this subsection demonstrates that any MWCowner or operator did nothold or acquire a sufficient number of ERCs to comply with the NOx emission limits contained herein

. In addition, the MWCowner or operator shall acquire additional ERCs in an amount equal to three (3) ERCs for every one (1) ERCneeded for compliance, had the ERCs been held or acquired at the time specified in [subparagraph (B) ofJ subdivision (6)ffl) ofthis subsection

. The additional ERCs shall be acquired on or before the last day ofthe calendar month in which the calculation specified by [subparagraph (C) ofJ subdivision (6)(C) ofthis subsection is performed

. Nothing herein shall preclude the commissioner fromtaking other enforcement action against the owner or operator for failing to hold or acquire a sufficient number of ERCs prior to their use. All ERCs created pursuant to this section shall expire prior to May 1, 2013

. On and after May 1 2013 the use or trading of ERCs created pursuant to this section is prohibited

. [(e) [Reserved.]] Reserved

.

### DRAFT -AUGUST 27, 290

(f) Fugitive ash emissions

. 21

(1) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor plant shall cause to be discharged to the atmosphere visible emissions of combustion ash froman ash conveyingsystem, including conveyor transfer points, in excess of five percent (5 %) ofthe observation period (i .e., nine (9) minutes perthree-hour period), as specified in [subparagraph (I) ofsubdivision (4) of] subsection (i)fAI) ofthis section

. (2) The emission limit specified in subdivision (1) ofthis subsection does not covervisible emissions discharged inside buildings or within enclosures ofash conveying systems; however, the emission limit specified in subdivision (1) ofthis subsection does cover visible emissions discharged to the atmosphere frombuildings or enclosures ofash conveying systems

. (3) The provisions specified in subdivision (1) ofthis subsection do not apply during maintenance and repair ofash conveyingsystems, however, all reasonable measures to control fugitive emissions on such occasions shall be implemented

. (g) Operating practices

. (1) No owner or operator ofa municipal waste combustor unit shall cause or allow such unit to operate at atemperature, measured at each particulate control device inlet, more than seventeen (17) degrees centigrade, based on a 4-hour arithmetic average, above the maximum demonstrated particulate control device temperature measured during the most recent performance test for dioxin/furan emissions for which compliance with the dioxin/furan emissions limit was achieved

. (2) No owner or operator ofa municipal waste combustorunit shall cause or allow such unit to operate at amunicipal waste combustor unit load greater than one hundred ten percent (110%) ofthe maximum

demonstrated 4-hour average municipal waste combustor unit load, based on a 4-hour arithmetic average, measured during the most recent performance test for dioxin/furan emissions for which compliance with the dioxin/furan emissions limit was achieved

. Municipal waste combustor unit load shall be measured by a steam flow meter

. (3) An owner or operator may, notwithstanding subdivisions (1) and (2) ofthis subsection, during the annual dioxin/furan emissions performance test and for two (2) weeks prior to such test, allow temperatures in excess ofthat specified in subdivision (1,) ofthis subsection and municipal waste combustor unit load limits in excess ofthat specified in subdivision (2) ofthis subsection

. However, should the owner or operator operate the unit at such excess temperatures and load, the owner or operator shall not again be allowed to operate at such excess temperatures and load during that test period without the approval ofthe commissioner should the annual dioxin/furan emission performance test be postponed

. (4) The particulate matter control device temperature limits and municipal waste combustor unit load limit may be waived temporarily by the commissionerto allow evaluation ofsystemperformance, testing ofnew

technology or control technologies or diagnostic testing, provided that any such

### DRAFT-AUGUST 27, 2007 ` temporary waiver is authorized through a permit or order issued prior to an evaluation ofsystem performance, testing of new technology or control technologies or diagnostic testing

. 22

(5) During the operation ofa MWCunit, the carbon injection systemoperating parameter(s) that is the primary indicator(s) ofthe carbon mass feed rate (e.g., screw feeder setting) shall be averaged over a block 8-hour period, and the 8-hour block average shall equal or exceed the level(s) documented during the performance tests specified under subsection (i) ofthis section[, based on a 24-hour arithmetic average]

. (h) Operator training and certification

. (1) No owner or operator ofamunicipal waste combustor plant shall cause or allowsuch plant to be operated at any time unless a certified chiefoperator or shift operator is physically present at the plant

. (2) Operators shall be certified by the commissioner under section 22a-231-1 of the Regulations ofConnecticut State Agencies and shall be identified as either a Class I or Class lI chiefoperator or a Class I or Class 11 shift operator

. (3) [All] Within six (6) months ofthe date ofemployment, all chiefoperators and shift operators must satisfactorily complete an operator training course conducted by the commissioner [no laterthan 180days following the effective date ofthis section or the date six months after the date of plant startup, whichever is later

. Chiefoperators and shift operators hired after this time must satisfactorily complete such course within six (6) months ofthe date ofemployment]

. (4) [Nolater than one year after the effective date ofthis section, the] The owner or operator of a municipal waste combustor shall [develop] have a site-specific Municipal Waste Combustor Operating &Maintenance Manual with an index [or revise an existing operating and maintenance manual to meet the requirements ofthis section]

. Such Municipal Waste Combustor Operating &Maintenance Manual shall be updated on an annual basis

. The Municipal Waste Combustor Operating & Maintenance Manual shall include: (A) Asummary ofthe applicable emission limits and operational requirements; (B) Adescription of basic combustion theory applicable to a municipal waste combustor unit; (C) Procedures for receiving, handling, and feeding municipal solid waste; (D) Procedures for startup, shutdown and malfunction; (E) Procedures for maintaining proper combustion air supply levels; (F) Procedures for operating the combustor within the standards established under this section;

### DRAFT-AUGUST 279 NO

(G) Procedures for responding to periodic upset or off-specification conditions; (H) Procedures for minimizing particulate matter carryover; (I) Procedures for handling ash; (J) Procedures for monitoring emissions; and (K) Procedures for reporting and record keeping

. 23

(5) The owner or operator ofa municipal waste combustor plant shall establish atraining program to reviewthe Municipal Waste Combustor Operating &Maintenance Manual with each person who has responsibilities affecting the operation of a MWCplant including, but not limited to, the chief operator, shift operator, ash handler, maintenance employee and crane/load handler

. The owner or operator shall train new employees withthejob positions identified in this subdivision prior to each new employee's assumption ofany responsibilities at a MWCplant

. [The owner or operator shall train those whopresently are employed in thejob positions identified in this subdivision within oneyear after the effective date ofthis section.] Following initial training, the training programshall be repeated on an annual basis for each person identified inthis subdivision

. (6) The Operating &Maintenance Manual shall be kept in a location readily accessible to all persons identified in subdivision (5) ofthis subsection and shall be available for inspection by the commissioner or Administrator upon request

. (i) Performance testing
. (1) [Each MWCowner or operator shall conduct an initial performance test to determine compliance with the emission limits specified in this section.] All performance tests shall be conducted under representative full load operating conditions

. [The initial performance test for each pollutant for which a limit is specified in this section shall be completed within 180days after the final compliance date identified in subsection (m) ofthis section .] (2) [Following the date that the initial performance tests for dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury and fugitive ash are completed, the] The owner or operator ofa municipal waste combustor shall conduct an annual performance test for dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury and fugitive ash [for these pollutants ] at least once per calendar year. Such test shall be conducted no less than nine (9) calendar months and no more than [twelve (12)] fifteen (15) calendar months following the previous performance test for such pollutant

. (3) Notwithstanding subdivision (2) ofthis subsection, upon demonstration for two (2) consecutive years that the dioxin/furan emission levels fromall units at a MWCplant for which construction commenced prior to September 20, 1994 are less than fifteen (15) ng/dscm total mass or, for all units forwhichconstruction, modification or reconstruction commenced on or after September 20, 1994, and are less than seven (7) ng/dscm total mass, the MWCowner or operator shall only be required to conductperformance testing for dioxin/furan on one unit at that MWCplant

. The owner or operator

### DRAFT-AUGUST 27, 2007 24
shall rotate performance testing among units no more than twelve (12) months following the previous performance test in a fixed sequence so that each unit is tested at the same frequency
. If in any year following the year ofelection ofsuch reduced testing, the dioxin/furan emission test results indicate a level equal to or greaterthan fifteen (15) ng/dscm total mass for any unit for which construction commenced prior to September 20, 1994, or greater than seven (7) ng/dscm total mass for any unit for which construction, modification or reconstruction commenced on or after September 20, 1994, then the MWCowner or operator shall resume testing ofall units at the MWCplant during the next annual performance test

. The owner or operator shall continue to test all units on an annual basis until the performance tests for all units indicate dioxin/furan emission levels that meet the requirements ofthis subdivision, at which time the owner/operator may resume testing in accordance with this subdivision

. (4) Each MWCowner or operator shall employ the following methodologies: (A) Testing for particulate matter and opacity levels shall be conducted in accordance with the following procedures: (i) 40 CFR 60, Appendix A, Reference Method 1 shall be used to select the sampling site and number oftraverse points forparticulate matter testing, (ii) 40 CFR60, Appendix A, Reference Method 3 shall be used for flue gas analysis for particulate matter testing, (iii) 40CFR60, Appendix A, Reference Method 5 or 29 shall be used for determining compliance with the particulate matter emission limit

. For each Method 5 or Method 29test run: the minimum sample volume shall be 1 .7 cubic meters; the probe and filter holder heating systems inthe sample train shall be set to provide a gas temperature no greater than 160 [+/- 14 ] degrees centigrade; and an oxygen or carbon dioxide measurement shall be obtained simultaneously
. For each Method 29test run, the minimum sample time shall be two (2) hours, (iv) 40 CFR60, Appendix A, Reference Method 9 shall be used for determining compliance with the opacity emissions limit, except as provided under 40 CFR 60.11(e), and (v) The compliance determination for particulate matter shall be based on an arithmetic average determined using all data generated in three (3) test runs as required by this section ; (B) Testing for cadmiumand lead levels shall be conducted in accordance with the following procedures: (i) 40 CFR [Part ] 60, Appendix A, Reference Method 1 shall be used for determining the location and number of sampling points,

### DRAFT-AUGUST 27, 2o07 25 (ii) 40 CFR [Part ] 60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii) 40 CFR [Part ] 60, Appendix A, Reference Method 29 shall be used for determining compliance with the cadmium and lead emission limits, (iv) An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29test runfor cadmium and lead required under this section, (v) The minimum

sample time shall be two (2) hours per each Method 29 test run, and (vi) The compliance determinations for cadmium and lead shall be based on an arithmetic average determined using all data generated in three (3) test runs as required by this section; (C) Testing for mercury levels shall be conducted in accordance with the following procedures: (i) 40 CFR [Part ] 60, Appendix A, Reference Method 1 shall be used for determining the location and number ofsampling points, (ii) 40 CFR [Part ] 60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii)

(iv) (v)

where: 40 CFR [Part ] 60, Appendix A, Reference Method 29 shall be used for determining compliance with the mercury emission limits

. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29test run for mercury required under this section, The minimum

sample time shall be two (2) hours per each Method 29test run, The percent reduction in the potential mercury emissions (OloPHg) is computed using the following:

10%p" [~= Ei - Eo x 100

( Ei )
[%Phg] !IoP~,~ =percent reduction ofthe potential mercury emissions achieved

. Ei =potential mercury emission concentration measured at the control device inlet, corrected to 7 % OZ (dry basis)

.

### DRAFT-AUGUST 27, 2007 `
Eo = controlled mercury emission concentration measured at the mercury control device outlet, corrected to 7 % 02 (dry basis), and (vi) The compliance determinations for mercury shall be based an arithmetic average ofemission concentrations or percent reductions determined using all data generated in a minimum ofat least three (3) test runs as required by this section; 26

(D) Compliance with the sulfur dioxide emission limit (measured as a concentration or as a percent reduction by weight or volume) shall be determined by using the CEM system specified in [subdivision (1) of] subsection (j)(Dofthis section ; (E) Compliance with the nitrogen oxide emission limit shall be determined by using the CEM systemspecified in [subdivision (1) of] subsection (j)(1,) ofthis section; (F) Compliance with the carbon monoxide emission limit shall be determined by using the CEM system specified in [subdivision (1) of] subsection (j)(Dofthis section; (G) Testing for hydrogen chloride levels shall be conducted in accordance with the following procedures: (i) 40 CFR [Part ] 60, Appendix A, Reference Method 26 or 26A, as applicable, shall be used to determine the hydrogen chloride emission concentration
. The minimum

sampling time for Method 26 shall be one (1) hour, (ii) An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 26test runfor hydrogen chloride required by this section, (iii) The percentreduction in potential hydrogen chloride emissions (%PHCI) shall be computed using the following equation:



### 1 0OPHO01 

### Ei - Eo) 0/ Ei X 100

where: YoPHCI = percent reduction ofthe potential hydrogen

chloride emissions achieved

. Ei = potential hydrogen chloride emission concentration measured at the control device inlet, corrected to 7 %

02 (dry basis)

. EO= controlled hydrogen chloride emission concentration measured at the control device outlet, corrected to 7 %

02 (dry basis), and

### DRAFT-AUGUST 27, NO

(H)

(1)

(J) 27 (iv) The compliance determination for hydrogen chloride shall be based on an arithmetic average ofemission concentrations or percent reductions determined using all data generated in three (3) test runs as required by this section; Testing for dioxin/furan levels shall be conducted in accordance with the following procedures: 40 CFR [Part] 60, Appendix A, Reference Method 1 shall be used for determining the location and number ofsampling points, (i)
(ii) 40 CFR [Part] 60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii) 40 CFR [Part] 60, Appendix A, Reference Method 23 shall be used for determining the dioxin/furan emission concentration, (iv) The minimum

sample time shall be four (4) hours per test run, (v) An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 23 test run for dioxin/furan required by this section, and (vi) The compliance determination for dioxin/furan levels shall be based on an arithmetic average determined using all data generated as required by this section in three (3) test runs; Testing for fugitive ash emissions shall be conducted in accordance with the following procedures: 40 CFR [Part ] 60, Appendix A, Reference Method 22 shall be used for determining compliance with the fugitive ash emissions limit, (i)
(ii) The minimum

observation time shall be a series ofthree (3) one-hour observations, and (iii) The observation period shall include representative operational times when the facility is transferring ash fromthe municipal waste combustor unit to the area where ash is stored or loaded into containers or trucks; Testing for the relationship between carbon dioxide and oxygen shall be conducted in accordance with the following procedures: At least three (3) test runs of C02 and 02 diluent data shall be obtained using the procedures and methods contained in 40 CFR [Part] 60, Appendix A, Reference Method 3A or 3B, (i)

### DRAFT-AUGUST 27, 2007

(ii) For each test run, using the following equation, a calculation shall be made of the COz correction factor which is equivalent to a 7% 02 correction factor:
C02Correction factor = 

### 13.9

, x C02measured (20 .9
- QZ measured)

, and 28

(iii) Calculation ofa unit-specific equivalent C02correction factor shall be the arithmetic mean ofthe result obtained fromthe three (3) test runs and the calculation ofthe COZ correction factor for each test run pursuant to subparagraph (J)(ii) ofthis subdivision, rounded to the nearest whole number; and (K) During the performance tests for dioxin/furan and mercury, as applicable, the owner or operator shall estimate an average carbon mass feed rate based on carbon injection system operating parameters such as the screw feeder speed, hopper volume, hopper refill frequency, or other parameters appropriate to the feed systembeing employed, as follows: (i) An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for mercury emissions and each subsequent performance test for mercury emissions, and (ii) An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for dioxin/furan emissions and each subsequent performance test for dioxin/furan emissions

. [(5) The owner or operator ofa municipal waste combustor may elect to use any results of performance tests conducted by the commissioner to determine compliance with the emission limits or standards contained herein.] 0) Compliance monitoring

. (1) Continuous compliance with the emission limits specified in [subsection (c) ofthis section for opacity, sulfur dioxide (S02), S02reduction efficiency, nitrogen oxides (NOx) and carbon monoxide [(CO)] shall be determined based on continuous emission monitoring systemdata

. [No later than the applicable compliance date specified in subsection (m) ofthis section, the] The owner or operator of a municipal waste combustor shall install, operate and calibrate such continuous emission monitoring systemin a manner acceptable to the commissioner and certifyto the commissioner, in writing, that the equipment specifications forthe continuous emission monitoring systemhave been and are being met

. In addition to the aforementioned continuous monitoring systems, the owner or operator of a municipal waste combustor shall also install, operate, calibrate and maintain continuous monitoring systems for measuring the final particulate control device inlet temperature, municipal waste combustor unit load andthe oxygen or carbon dioxide content ofthe flue gas at each location where carbon dioxide, sulfur dioxide or nitrogen oxide emissions are monitored, and, ifactivated carbon is

### DRAFT-AUGUST 27, 2U07 29

used to control dioxin/furan or mercury emissions, the carbon feed rate

. CEM systems shall meet the following requirements: (A) Opacity monitors shall meet the applicable performance and quality assurance requirements of 40 CFR 60, Appendix B, Performance Specification 1 ; R .C.S.A

. section 22a-174-4

; and 40CFR60.13; (B) 02 and C02 monitors shall meet the applicable performance and quality assurance requirements of40 CFR60, Appendix B, Performance Specification 3; 40 CFR 60, Appendix F, Procedure l ; and 40CFR60.13; (C) S02 monitors shall_

[meet] Meet the applicable performance and quality assurance requirements of 40 CFR 60, Appendix B, Performance Specification 2 ; 40 CFR60, Appendix F, Procedure 1 ; and 40CFR 60.13[ ;] , and ii For units that have actual inlet emissions less than 100ppmdv, the relative accuracy criterion for inlet sulfur dioxide CEM systems should be no greater than 20percent ofthe mean value ofthe reference method test data in terms of the units of the emission standard, or five ppmdv absolute value of the mean difference between the reference method andthe continuous emission monitoring systems,

.

whichever is greater; (D) NOx monitors shall meet the applicable performance and quality assurance requirements of 40 CFR60, Appendix B, Performance Specification 2 ; 40 CFR60, Appendix F, Procedure 1 ; and 40 CFR60.13; (E) Carbon monoxide monitors shall- (i) [meet] Meet the applicable performance and quality assurance requirements of 40 CFR60, Appendix B, Performance Specification 4 or 4A (as applicable) ; 40 CFR60, Appendix F, Procedure 1 and 40 CFR 60.13 [;] , and ii For units subject to the 100 ppmdv carbon monoxide standard, the relative accuracy criterion offive ppmdv is calculated as the absolute value ofthe mean difference between the reference method and the CEM system ; (F) Continuous monitoring systems for MWCunit load shall meet the requirements of 40 CFR60.1810(a) ; and (G) Ifactivated carbon is used to control dioxin/furan or mercury emissions[,]

_ (i) [monitoring] Monitoring ofthe carbon feed rate shall meet the requirements of 40CFR60.1820, and ii Pneumatic injection pressure or another carbon injection systemoperational indicator shall be used to provide additional verification ofproper carbon

### DRAFT -AUGUST 27, 2007 30 injection systemoperation The operational indicator shall provide an instantaneous visual and/or audible alarm to alert the operator of apotential interru2tion in the carbon feed that would not normally be indicated by di rect monitoring ofcarbon mass feed rate (e.g. continuous weight loss feeder) or monitoring ofthe carbon systemoperating parameter(s) that are the indicator(s) ofthe carbon mass feed rate (e.g. feeder speed)

. The carbon iniection systemoperational indicator used to provide additional verification ofcarbon injection systemoperation including basis for selectingthe indicator and operator response to the indicator alarmshall be included in the site-specific Municipal Waste Combustor Operating &Maintenance Manual

. (2) A MWCowner or operator shall comply withthe following minimum data requirements: (A) Data available for gaseous and process CEMs shall not be less than ninety percent (90%) ofthe total operating hours in any one calendar quarter and not less than ninetyfive percent (95%) ofthe total operating hours in any one calendar year; (B) Data available for opacity CEMs shall not be less than ninety-five percent (95%) ofthe total operating hours in any one calendar quarter; (C) Obtain valid 1-hour averages for seventy-five percent (75%) ofthe operating hours per day for ninety percent (90%) ofthe operating days per calendar quarter during which the unit combusts any municipal solid waste; (D) At least three equally spaced data points per hour shall be used to calculate a one-hour average; (E) Notify the commissioner according to subsection (l)(3)(A)(v) ofthis section in the event offailure to obtain the minimum data required by subparagraphs (A) and (B) of this subdivision

; and (F) The percentage ofdata available shall be calculated as follows: (i) In accordance with the procedures specified on forms furnished or prescribed by the commissioner, and (ii) Using all data obtained froma CEM to calculate emissions concentrations and percent reductions as required by this section regardless ofwhether the minimum

data availability requirements ofsubparagraphs (A) and (B) ofthis subdivision are obtained

. [(3) The mean difference criteria evaluation specified in 40 CFR 60, Appendix B, Performance Specification 4Ashall be performed on the diluent corrected emission concentration values using the following equation: Mean difference= I d I + ~ cc I <Sppm where, I dI =absolute value ofthe mean ofthe differences

### DRAFT-AUGUST 279 NO 31
I cc I =the confidence coefficient ] During a loss of boiler water level control or a loss ofcombustion air control malfunction period, a diluent cap offourteen percent for oxygen or five percent for carbon dioxide may be used in the emissions calculations for sulfur dioxide and nitrogen oxides

. (k) Record keeping requirements

. (1) The owner or operator ofa municipal waste combustor shall maintain records ofthe information specified in subdivisions (2) through [(11)] LL31ofthis subsection, as applicable, labeling each record with the time and calendar date on which the data was generated

. Each record shall be maintained for aperiod ofat least five (5) years fromthe date the record was created

. (2) Operator training and certification records shall be maintained on an annual basis, as follows: (A) The names of the chiefoperators and shift operators, certified by the commissioner, and employed at the plant, including the dates ofinitial and renewal certifications and documentation ofcurrent certification; (B) The names ofthe chiefoperators and shift operators who have completed an operator training course as required under [subdivision (3) of] subsection (h),(3) ofthis section ; and (C) The names ofthe persons at the plant who have completed a training program as required under [subdivision (5) of] subsection (h)(5) ofthis section

. (3) Emission concentrations and parameters, measured using a CEM system, shall be recorded as specified in this subdivision: (A) All six-minute arithmetic average opacity levels; (B) All one-hour average sulfur dioxide emission concentrations; (C) All one-hour average sulfur dioxide reduction efficiency levels; (D) All one-hour average nitrogen oxides emission concentrations; and (E) All one-hour average carbon monoxide emission concentrations, municipal waste combustor unit load measurements, and particulate matter control device inlet temperatures

. (4) Average concentrations and percent reductions, as applicable, shall be maintained as specified in this subdivision: (A) All 24-hour daily geometric average sulfur dioxide emission concentrations and a1124- hour daily geometric average percent reductions in sulfur dioxide emissions;

### DRAFT-AUGUST 27, 2007

(B) All 24-hour daily [arithmetic] average nitrogen oxides emission concentrations; (C) All 4-hour block or 24-hour daily [arithmetic] average carbon monoxide emission concentrations, as applicable; and (D) All 4-hour block [arithmetic] average municipal waste combustor unit loads and particulate matter control device inlet temperatures

. (5) The calendar dates when any ofthe average emission concentrations, percent reductions, operating parameters or opacity levels recorded under subdivisions (3) or (4) ofthis subsection are above the applicable limit shall be identified

. The reasons for such exceedances, a description of corrective actions taken and a description ofthe measures taken to prevent future exceedances shall also be recorded

. 32

(6) The calendar dates for which the minimumnumber of hours of any ofthe data required by this section have not been obtained shall be identified, the reasons for not obtaining sufficient data, a description ofcorrective actions taken and a description of the measures taken to prevent future losses ofdata

. (7) Where sulfur dioxide emissions data, nitrogen oxides emissions data or operational data (i .e., carbon monoxide emissions, municipal waste combustor unit load and particulate matter control device temperature) have been excluded fromthe calculation ofaverage emission concentrations or parameters, the owner or operator shall [be] identify such exclusion as well as the reason(s) for excluding the data

. (8) The results of daily calibrations and quarterly accuracy determinations for opacity, sulfur dioxide, nitrogen oxides, carbon monoxide and oxygen or carbon dioxide continuous emission monitoring systems shall be recorded
. (9) The test reports and supporting calculations documentingthe results ofan initial performance test conducted to determine compliance with the emission limits specified in this section for particulate matter, opacity, cadmium, lead, mercury, dioxin/furan emissions, hydrogen chloride and fugitive ash shall be recorded

. The maximum demonstrated municipal waste combustor unit load and maximum

demonstrated particulate matter control device temperature shall be recorded for the initial performance test for dioxin/furan emissions for each particulate matter control device

. The test results and supporting calculations documenting the relationship between carbon dioxide and oxygen concentrations established in accordance with this section shall be recorded ifestablished during the initial performance test

. (10) The test reports and supporting calculations documenting the results of all annual performance tests conducted to determine compliance with the emission limits specified in this section for particulate matter, cadmium, lead, mercury, dioxin/furan emissions, hydrogen chloride and fugitive ash shall be recorded

. The maximum demonstrated municipal waste combustor unit load and maximum

demonstrated particulate matter control device temperature (for each particulate matter control device) shall be recorded for each performance test for dioxin/furan emissions

. The

### DRAFT-AUGUST 27, NO 33

relationship between carbon dioxide and oxygen concentrations shall be recorded ifthe relationship is reestablished during the annual performance test

. (11) For MWCs equipped with activated carbon injection systems for mercury or dioxin/furan emissions control, the records specified in this subdivision shall be maintained: (A) Estimates ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, during the initial mercury performance test and all subsequent annual performance tests, with supporting calculations; (B) Estimates ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, during the initial dioxin/furan emissions performance test and all subsequent annual performance tests, with supporting calculations; (C) Estimates ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, for each hour ofoperation, with supporting calculations; (D) For each calendar quarter, estimates ofthe total carbon usagefor each MWCunit in kilograms or pounds for each calendar quarter by two independent methods, according to the procedures specified below : (i) For each MWCunit, estimate the weight ofcarbon delivered, and (ii) For each MWCunit, estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour ofoperation based on the parameters specified under [subparagraph (K) ofsubdivision ] subsection (i)(4)LK) ofthis section, and sum

the results for the total number of hours ofoperation during the calendar quarter; (E) Carbon injection systemoperating parameter data for the parameter(s) that are the primary indicator(s) ofcarbon feed rate (e.g., screw feeder speed) ; and (F) The times and calendar dates when average carbon mass feed rates were less than either ofthe hourly carbon feed rates estimated during mercury or dioxin/furan emissions tests

. The reasons for such feed rates and a description ofcorrective actions taken shall also be recorded

. 12 For each MWCunit, the following records shall be maintained: (A,) For each reagent, the feed rate to the air pollution control device, measured in kilograms per hour or pounds per hour, during the annual particulate emissions performance tests, with supporting calculations: For eachreagent, the feed rate to the air pollution control device, measured in kilogams per hour or pounds per hour, for each hour ofoperation, with supporting calculations;

### DRAFT-AUGUST 27, 2007 v

For each calendar quarter, total reagent usage for each MWCunit in kilograms or pounds for each calendar quarter; and Air pollution control equipment operating parameter data other than air pollutant emissions data for the parameter(s) that is the primary indicator(s) of proper functioning ofthe air pollution control equipment (e.g., pressure drop across system, static charge, reagent feed rate pH),for each hour of operation

. 34

13 The daily charge rates daily fuel usage rates for each fuel and hours ofoperation shall be recorded daily for each MWCunit

. Charge and fuel usage rates shall be recorded as fired during each test runfor each MWCunit

. (0 Reporting requirements

. (1) [The MWCowner or operator shall submit an initial performance test report to the commissioner within sixty (60) days after the date ofcompletion ofthe initial performance test as specified in subsection (i) ofthis section

. Such an initial test report shall include the following: (A) The initial performance test data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load and particulate matter control device inlet temperature; (B) The initial performance test data forparticulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride and fugitive ash emissions

. Dioxin/furan emissions shall be reported in the following units: (i) ng/dscm

total mass, corrected to seven percent oxygen or equivalent percent carbon dioxide, and (ii) picograms per cubic meter, corrected to 12%C02using 32 degrees Fahrenheit and 29.92 inches Hg as normal conditions, using the Toxic Equivalency Factors specified in section 22a-174-1(29) ofthe Regulations ofConnecticut State Agencies; (C) The performance evaluation for the continuous emission monitoring systemusing the applicable performance specifications and procedures cited in subsection (j) ofthis section; (D) The maximum

demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device inlet temperature(s) established during the initial dioxin/furan performance test; (E) For those units for which the relationship between carbon dioxide and oxygen is established as required by subsection (c)(12) ofthis section, the owner or operator shall submit the results ofthe tests establishing the relationship, including test results,

### DRAFT -AUGUST 27, 2uO7
identification ofthe unit test, the date and time of each test run, and, as necessary, a schedule for making the appropriate modifications to the CEM systemto incorporate the equivalent %

COZcorrection factor; (F) For units that apply activated carbon injection for mercury control, the owner or operator shall submit the average carbon mass feed rate recorded under subsection (k)(11) ofthis section; and 35

(G) For those units that apply activated carbon injection for dioxin/furan control, the owner or operator shall submit the average carbon mass feed rate recorded

. ] Reserved

. (2) For each MWCunit, [The] _the MWCowner or operator shall submit a quarterly report to the commissioner within thirty (30) days following the end ofeach calendar quarter in which the data were collected

. [The first quarterly report shall be submitted within thirty (30) days following the end ofthe calendar quarter in which the initial performance test is conducted.] Each quarterly report shall include the following information: (A) All [emissions] data recorded pursuant to this section during the calendar quarter; (B) Each calendar date during the calendar quarter reported when any of the average emission concentrations, percent reductions, operating parameters or opacity levels recorded exceeded the applicable limit identified in this section; the reasons the limit was exceeded and a description ofthe corrective actions taken; (C) For MWCs equipped with activated carbon injection systems for mercury or dioxin/furan emissions control, the following information: (i) Identification ofthe calendar dates during the calendar quarter reported when average carbon mass feed rates were less than either ofthe hourly carbon feed rates estimated during mercury or dioxin/furan emissions tests, and the rates recorded

. The reasons for such feed rates and a description of the corrective actions takenshall also be reported, (ii) The total carbon purchased for and delivered to the MWCplant or purchased for and delivered to each MWCunit for the reported calendar quarter, and (iii) The required usage ofcarbon for the reported calendar quarter for the MWC plant or for each MWCunit at the plant, calculated using equation 4or 5 of 40 CFR60.1935(f) ; and (D) The data and results ofany CEM quality assurance testing conducted pursuant to this section

. (3) Except as set forth in subparagraph (D) ofthis subdivision, the MWCowner or operator shall submit an annual report to the commissioner no later than January 30 ofeach year following the calendar year in which the data were collected

. [The first annual report shall be submitted no later

### DRAFT-AUGUST 27, 2007 "`
than January 30ofthe first year following the end of the calendar year in which the initial performance test is conducted.] Each annual report shall include the following information: (A) Asummary ofdata collected for each pollutant regulated under this section and all applicable parameters, as follows: (i) 36

Alist ofthe particulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride and fugitive ash emission levels achieved during all initial and annual performance tests

. Dioxin/furan emissions shall be reported as required in [subparagraph (B) of] subdivision (1)n ofthis subsection, (ii) Alist ofthe highest emission level recorded for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, and particulate matter control device inlet temperature based on the data recorded for 24-hour daily geometric averages, 24-hour daily [arithmetic] averages, [4-hour block averages] or 4-hour block [arithmetic] averages, as applicable, for the aforementioned pollutants, (iii) The highest six-minute average opacity level measured, (iv) The relationship between carbon dioxide and oxygen, ifsuch relationship is reestablished, including test results, identification ofthe units tested and the date and time ofeach test run, and, as necessary, a schedule for making the appropriate modifications to the CEM systemto incorporate the equivalent % COZ correction factor, (v) The total number ofdays that the minimum number of hours ofdata for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, particulate matter control device temperature and, as applicable, carbon mass feed rate were not obtained, and (vi) The total number of hours that data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, particulate matter control device temperature and, as applicable, carbon mass feed rate were excluded from the calculation ofaverage emission concentrations or parameters; (B) The information required by subparagraphs (A)(i), (A)(ii) and (A)(iii) ofthis subdivision for the previous calendar year; and (C) The data summaries required by subparagraphs (A) and (B) ofthis subdivision shall highlight any emission or parameter levels that did not achieve the emission or parameter limits specified under this section [ ; and (D) If a MWCowner or operator is subject to more stringent annual reporting requirements pursuant to a permit issued under Title VoftheAct or section 22a-174-33 ofthe Regulations ofConnecticut StateAgencies, those requirements shall supersede the

### DRAFT-AUGUST 27, 2vj7 requirements ofthis subsection]

. 37

(4) At least ninety (90) days before any MWCowner or operator plans to conduct any performance test required under this subsection, such owner or operator shall submit a performance test plan for review

andwritten approval ofthe commissioner

. Such plan shall contain, at a minimum, the following information: (A) sampling locations; (B) test methods; (C) sampling protocols; (D) sample analysis procedures; and (E) any other information required by the commissioner

. (5) The MWCowner or operator shall provide written notification to the commissionerthree (3) business days prior to conducting any performance test required under this subsection

. (6) The MWCowner or operator shall provide written notification to the commissioner within seventy-two (72) hours ofthe time atwhichsuch owner or operator receives information regarding performance test results indicating that any particulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride or fugitive ash emission levels exceed the applicable pollutant emission limits or standards defined in this section

. (7) Any report required to be submitted to the commissioner by this section [must] shall include a certificationjsigned by a responsible corporate officer or a duly authorized representative ofsuch officer, as those terms are defined in ] signed in accordance with section [22a-430-3(b)(2)] 22a-174- 2a a 4 ofthe Regulations ofConnecticut StateAgencies[, and by the individual or individuals responsible for actually preparing such document, each ofwhom shall examine and be familiar with the information submitted in the document and all attachments thereto, and shall make inquiry ofthose individuals responsible for obtaining the information to determine that the information is true, accurate, and complete, and each ofwhom shall certify in writing as follows: "I have personally examined and amfamiliarwith the information submitted in this document and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry ofthose individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief

. I understand that any false statement made in the submitted information may bepunishable as a criminal offense under section 22a-175 ofthe Connecticut General Statutes or, in accordance with section 22a-6ofthe Connecticut General Statutes, under section 53a-157b ofthe Connecticut General Statutes, and in accordance with any other applicable statute." ]_ (8) The MWCowner or operator shall submit all reports and notifications required by this

### DRAFT-AUGUST 27, 2007
subsection on forms furnished or prescribed by the commissioner
. 38

(9) The MWCowner or operator shall submit all reports specified under this subsection as a paper copy, with supporting data in either paper or electronic format, postmarked on or before the submittal dates specified in this subsection, and maintain such reports at the premises as a paper copy with any supporting data in the format submitted for a period offive (5) years fromthe date ofsubmissionto the commissioner
. (m) [Compliance schedule] Duty to Comply

. (1) [The owner or operator of a MWCfor which construction commenced prior to September 20, 1994shall achieve final compliance with the applicable emission limits specified in subsections (c) and (f) ofthis section, withthe exception ofthe emission limits ofTables 38-la and 38-3a, no later than December 19, 2000

. (2) The owner or operator ofa MWCfor which construction commenced prior to September 20, 1994 shall achieve final compliance with the emission limit specified inTable 38-1a of subsection (c) ofthis sectionno later than the date thirty-six months following the effective date ofthis section

. (3) The owner or operator ofa MWCfor which construction, modification or reconstruction commenced on or after September 20, 1994 shall achieve final compliance with the applicable emission limits specified in subsections (c) and (f) ofthis section, with the exception ofthe emission limits ofTables 38-2a and 38-3a, no later than December 19, 2000 or the date of initial operation, whichever is later

. (4) The owner or operator ofa MWC for whichconstruction, modification or reconstruction commenced on or after September 20, 1994 shall achieve final compliance with the emission limit specified in Table 38-2a ofsubsection (c) ofthis section no later than the date thirty-six months following the effective date ofthis section or the date of initial operation, whichever is later

. (5) The owner or operator of any MWCshall achieve final compliance with the applicable emission limit specified in Table 38-3a ofsubsection (c) ofthis section no later than May l, 2003 or the date ofinitial operation, whichever is later

. (6) ] The owner or operator ofa MWCsubject to this section who is unable to comply with the requirements ofthis section [within the final compliance dates specified in this subsection shall cease operation
. Within oneyear ofthe effective date ofthis section such an owner or operator] shall [either immediately cease operation or], at the discretion of the commissioner, enter into a legally enforceable cease operation agreement with the commissioner_ [that includes a date no later than December 19, 2000 on which operation will cease.] The cease operation agreement shall specify a date, no later than oneyear fromthe date that the inability to comply is discovered by which operations shall cease. [(7) On and after the date one year fromthe effective date ofthis section, any MWCthat has been operated infull compliance with all requirements ofthis section for nitrogen oxides shall be exempt fromthe following provisions ofthe Regulations ofConnecticut State Agencies:

### DRAFT -AUGUST 27, 207

(A) Section 22a-174-22(k) concerning nitrogen oxides emissions testing and monitoring; and (B) Section 22a-174-22(1) concerning reporting and record keeping for nitrogen oxides

. 39

(8) Any MWCthat is operating in full compliance with all requirements ofthis section for nitrogen oxides, as determined by the commissioner, shall be exempt fromthe May 31, 1999 deadline contained in Section 22a-174-22, subsection (e), subdivision (2) ofthe Regulations ofConnecticut State Agencies as ofthe effective date ofthis section.] Nothing in this section shall limit the commissioner's authority to impose further restrictions or requirements in a permit issued to the owner or operator ofa MWCunit

.
Statement of Purpose: R .C.S.A

. section 22a-174-38 is based on federal emissions guidelines and new source performance standards (NSPS), which EPApromulgated in 1997

. This amendment serves the primary purpose of updating the regulation in accordance with revisions to the large municipal waste combustor emissions guidelines, whichwere promulgated on May 10, 2006 (71 FR27324)

. In addition, the proposal removes requirements for new municipal waste combustor units, as such requirements are redundant to the independently applicable NSPS; strengthens airpollution control equipment monitoring requirements; exempts units subject to R .C.S.A

. section 22a-174-38 fromthe requirements of R .C.S.A

. 22a-174-22; designates an end to the creation and use ofemission reduction credits; and updates the format to the Department's current conventions

.ATTACHMENT 3 Commenters 1

. Daniel J

. Brown, Manager Air Permits, Toxics and Indoor Programs Unit U .S

. Environmental Protection Agency Region 1 1 Congress Street, Suite 1100 Boston, MA 02114-2023 2

. Timothy Porter Director Air Quality Wheelabrator Technologies Inc

. 4Liberty Lane West Hampton NH03842 tporter(a),WM

.COM 3

. Ted Michaels President Integrated Waste Services Association 1331 HStreet, NW

Suite 801 Washington, DC 20005 202-467-6240 tmichaelskwte.org 4

. Steven E

. Yates Air Compliance Manager Connecticut Resources Recovery Authority 100Constitution Plaza 

### Hartford, CT 06103-1722 5

. Mark H

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

### Bristol, CT 06010ATTACHMENT 4 Recommended Final Text of the Amendment of RCSASection 22a-174-38Section 22a-174-38 of the Regulations of Connecticut State Agencies is amended to read as

follows:
Sec

. 22a-174-38

. Municipal Waste Combustors

. (a) Definitions

. For purposes ofthis section: (1) "Calendar quarter" means a consecutive three-month period (nonoverlapping) beginning on January 1, April 1, July 1 or October 1

. (2) "Calendar year" means the twelve consecutive month period starting onJanuary 1 and ending on December 31

. "Chiefoperator" means an individual who is in direct charge ofthe operation ofa municipal waste combustor plant andwho is responsible for overall on-site supervision, technical direction, management and performance ofthe plant

. [(3) "Cofired combustor" means an emissions unit that combusts municipal solid waste with nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and that is subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, thirty percent (30%) or less ofthe weight ofwhich is composed, in the aggregate, of municipal solid waste as measured on a calendar quarter basis.] (4) "Continuous burning" means the continuous, semi-continuous or batch feeding of municipal solid waste for purposes ofwaste disposal, energy production or providing heat to the combustion systemin preparation for waste disposal or energy production

. Continuous burning does not include the use of municipal solid waste solely to provide thermal protection ofthe grate or hearth during the startup period when municipal solid waste is not beingfed to the grate

. (5) "Continuous emission monitoring system" or "CEM system" means amonitoring system for continuously measuring the emissions ofany pollutant froma MWCunit

. (6) "Dioxin/furan" means tetra-chlorinated dibenzo-p-dioxins and dibenzofurans through octa- chlorinated dibenzo-p-dioxins and dibenzofurans

. (7) "Eight-hour block average" or "8-hourblock average" means the arithmetic mean ofall hourly emission concentrations or parameter levels when a municipal waste combustor unit is operating and combusting municipal solid waste measured over any ofthree 8-hour periods of time: midnight to 8a.m . ; 8 a.m . to 4 p .m . ; 4 p.m . to midnight

. "Dscf/mmBTU" means dry cubic feet at standard conditions per million British thermal unit

. [(8)] n "F-factor," "fc" or "fd" means a ratio ofcombustion gas [volumes] volume to heat [inputs] input either unit-specific or as defined in 40 CFR60, Appendix A, Method 19

.19](10) "Four-hour block average" or "4-hour block average" means the [average]

arithmetic mean of all hourly emission concentrations or parameter levels when a municipal waste combustor unit is operating and combusting municipal solid waste measured over any of six 4-hour periods [from] oftime: midnight to 4a.m .[,] i 4a.m

. to 8 a.m

.[,] i 8 a.m

. to noon[,] i noon to 4p.m

.[,] ~ 4 p.m

. to 8 p.m

.[,] i and 8 p.m

. to midnight

. [(10)] ~Ul "Historical actual twenty-four hour daily NOx average" means one or more calendar years of CEM data fromno earlier than 1994 or another period of data approved by the commissioner as representative ofNOx emissions

. [(11)] (12) "Malfunction" means any sudden, infrequent and not reasonably preventable failure ofair pollution control equipment, process equipment or a process to operate in a normal or usual manner. Afailure that is caused in part by poor maintenance or negligent or careless operation shall not be considered a malfunction

. [(12)] (13) "Mass burn waterwall combustor" means a field-erected combustor that combusts primarily unprocessed municipal solidwaste (i .e., municipal solid waste that is not processedmunicipal solid waste) in awaterwall furnace

. [(13)] (14) "Maximumdemonstrated municipal waste combustor unit load" means the highest 4-hour block [arithmetic] average municipal waste combustorunit load achieved during four consecutive hours ofoperation that corresponds to a test run during the most recent dioxin/furan emissions performance test that demonstrates compliance with the applicable limit for dioxin/furan specified in subsection (c) ofthis section

. [(14)] 15 "Maximum demonstrated particulate matter control device temperature" means the highest 4-hour block [arithmetic] average flue gas temperature measured at the particulate matter control device inlet during four consecutive hours ofoperation that corresponds to a test run during the most recent dioxin/furan emissions performance test that demonstrates compliance with the applicable limit for dioxin/furan specified in subsection (c) ofthis section

. [(15)] (16) "mg/dscm" means milligrams ofair pollutant per dry standard cubic meter

. [(16)] 17 "Modification" means "modification or modified municipal waste combustor unit" as defined in 40 CFR60.51b

. [(17)] (18) "Municipal solid waste" means municipal solid waste as defined in section 22a207 ofthe Connecticut General Statutes

. [(18)] 19 "Municipal waste combustor," "municipal waste combustor unit" or "MWC" means any part or activity ofany stationary source which part or activity emits or has the potential to emit any regulated air pollutant or any hazardous air pollutant, exclusive of associated air pollution control equipment, that combusts municipal solid waste, inclusive of those emissions units constructed prior to January 1, 2007 combusting a single-item waste stream oftires

. Combustors that combust landfill gases collected by landfill gas collection systems are not municipal waste combustors

.[(19)] 20 "Municipal waste combustor plant" or "plant" means any premises at which one

or more municipal waste combustor units are situated
. [(20)] 21 "Municipal waste combustor unit load" means the rate at whichsteam is produced at a municipal waste combustor (measured in lbs/hr or kg/hr)

. [(21)] fL21 "ng/dscm" means nanograms ofair pollutant per dry standard cubic meter

. [(22)] (23) "NOx Emissions Reductions Credit" or "ERC" means an air pollutant reduction created in the nitrogen oxides emissions trading program described by this section

. [(23)] L241 "NOx Trading Baseline" means that value, determined as specified in subsection (d) ofthis section, used to calculate the quantity of ERCs created or used by a MWCunit

. [(24)] ~LQ "Ozone season" means the period ofany calendar year beginning on May 1 and ending on September 30

. [(25)] (2,6) "Premises" means the grouping ofall stationary sources at any one location and owned by or under the control ofthe same person or persons. [(26)] 27 "Processed-municipal solid waste" means a type of municipal solid waste produced by sorting municipal solid waste by size and/or altering the size of municipal solid waste through mechanical means. [(27)] 28 "Processed-municipal solid waste combustor" means a steam-generating MWC that burns processed-municipal solid waste in a semisuspension firing mode using air-fed distributors

. [(28)] 29 "Reciprocating grate waste tire fired incinerator/boiler" means a combustor that burns tires as its principal fuel
. [(29)] (30) "Scf/mmBTU" means cubic feet at standard conditions per million British thermal unit

. [(30)] Q_l) "Shift operator" means an individual who is in direct charge ofthe operation ofa shift of a municipal waste combustor plant andwho is responsible for on-site supervision, technical direction, management and overall performance ofthe plant during a shift

. [(31)] 32 "Shutdown period" means the period oftime commencing when a municipal waste combustor operator discontinues the feed of municipal solid waste to the combustor in order to cease operation

. [(32)] 33 "Six-minute arithmetic average" or "6-minute arithmetic average" means the arithmetic mean calculated fromthirty-six (36) or more data points equally spaced over each 6- minute period

. [(33)] 04) "Standard conditions" means a temperature of20 degrees centigrade and a pressure of 101 .3 kilopascals

.[(34)] 35 "Startup period" means that period oftime commencing when a municipal waste

combustor begins the continuous burning of municipal solid waste, exclusive ofany warmup period when a municipal waste combustor is combusting fossil fuel or other nonmunicipal solid wastefuel, and no municipal solid waste is being fed to the combustor

. [(35)] (L6) "Total mass" or "total mass dioxin/furan" means the total mass oftetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using EPAReference Method 23 and the procedures specified under subsection (i)(4) ofthis section

. [(36)] 37 "Twenty-four hour daily average" means the arithmetic mean ofall hourly emission concentrations as required by this section when aunit is operating and combusting municipal solid waste measured over a 24-hourperiod between midnight and the following midnight

. [(37)] (38), "Twenty-four hour daily geometric average" means the geometric mean of hourly emission concentrations [regulated] as required by this section when a unit is operating and combusting municipal solid waste measured over a 24-hour period between midnight and the following midnight

. The geometric mean shall be calculated using the following equation: [ ]

~1 E [In( Ai)]]



# G = e n .i=i where: [EgQ] G= daily geometric averagepollutant concentration, correctedto 7%02or

equivalentpercent C02 ; [Ehj] A= [hourly] arithmetic averagepollutant concentration or hour ' corrected to 7%OZ or equivalentpercent C02 ;

n = total number ofhourly averagesfor whichpollutant concentrations are available within the 24 hour midnight to midnight dailyperiod ; In = the natural log [ofthe indicated value] unction; and
e = the natural logarithmic base (2.718) [raised to the value enclosed by the brackets]

. [(38)] 39 "Waterwall furnace" means a combustion unit having energy (heat) recovery in the furnace (i .e., radiant heat transfer section) ofthe combustor

. (b) Applicability

.(1) This section shall apply to the owner or operator ofany municipal waste combustor[ .]

except for a MWCunit that meets the conditions ofeither subparagraph (A) or (B) ofthis subdivision: The unit is subject to 40 CFR60 Subpart Eb and the owner has obtained for that

unit a permit issued under section 22a-174-3a ofthe Regulations ofConnecticut State Agencies which permit contains emission limits at least as stringent as those stated in subsection (c) ofthis section for sulfur oxides and mercury; or The unit is subject to 40 CFR60 Subpart AAAA and the owner has obtained for that unit a permit issued under section 22a-174-3a ofthe Regulations of Connecticut StateAgencies, whichpermit contains emission limits at least as stringent as those stated in subsection (c) ofthis section for sulfur oxides and mercury . (2) Aphysical or operational change including installation ofcontrol equipment made to a municipal waste combustor primarily to comply with any emission standard required by permit, order or regulation is not considered in determining whether the unit is a modified or reconstructed facility under this section

. (3) The owner or operator ofany municipal waste combustor required to have a permit under section 3005 ofthe Solid Waste Disposal Act (42 U .S.C.A

. section 6925) is not subject to this section for the operation ofsuch unit

. (4) The owner or operator ofany recycling facility as defined in section 22a-207 of the general statues, including a primary or secondary smelter, that combusts waste for the primary purpose of recovering metals is not subject to this section for the operation of such unit

. (5)
[(6) [This section shall not apply to] The owner or operator ofa cement [kilns] kiln firing municipal solidwaste is not subject to this section for the operation of such unit

. The owner or operator ofany cofired combustor is not subjectto this section provided such owner or operator : (A) Notifies the commissioner in writing prior to the compliance date indicated in subsection (m) ofthis section that the owner or operator claims such combustor is not subject to this section, ifthe cofired combustor is an existing unit, or such owner or operator notifies the commissioner in writingprior to commencing operation, if the cofired combustor is a unit for which construction commences after the effective date ofthis section; (B) Provides the commissioner with a copy ofthe federally enforceable permit limiting the unit to combusting a fuel feed stream, thirty percent (30%) or less of the weight ofwhich is composed, in the aggregate, of municipal solid waste as measured on a calendar quarter basis;(C) Records on a calendar quarter basis the weight of municipal solid waste combusted at the cofired combustor and the weight ofall other fuels combusted at the cofired combustor; and (D) Maintains the records required by subparagraph (C) ofthis subdivision at the premises for a period offive (5) years fromthe date ofthe record's creation and makes such records available to the commissioner or administrator upon request.] The owner or operator ofa municipal waste combustor unit to which this section applies shall not be subj_ect to section 22a-174-22 ofthe Regulations ofConnecticut StateAgencies for such unit

. (c) Emission limits

. (1) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator of a municipal waste combustor [for which construction commenced prior to September 20, 1994] unit subjectto this section shall cause or allow the emission fromsuch unit ofany air pollutant in excess ofthe applicable emission limit identified in [Tables] Table 38-1 [and 38-1a] ofthis subdivision

.Table 38-1

. Air Pollutant Emission Limits [for MWCs for which Construction
Air pollutant Emission limit Particulate matter [27] 25 mg/dscm Cadmium [0.040] 0 .035 mg/dscm Lead [0.44] 0 .400 mg/dscm Mercury [0.080] 0 .028 mg/dscm, or 85%reduction by weight measured as required by [subdivision (7) of] subsection (c)(Dofthis section Sulfur dioxide -- 51 parts per million by volume (ppmvd), or Reciprocating grate 75% reduction by weight or volume measured waste tire fired as required by [subdivision (7) of] subsection incinerator/boilers (c)(Dofthis section 

### Sulfur dioxide -- 29parts per million by volume (ppmvd), or Mass burn waterwall 80% reduction by weight or volume measured combustors for which as required by [subdivision (7) of] subsection construction (c)Qofthis section commenced after 

### December 20, 1989 Sulfur dioxide -- 29 parts per million by volume (ppmvd), or All other MWCs 75% reduction by weight or volume measured as required by [subdivision (7) of] subsection (c)(Dofthis section Hydrogen chloride 29 parts per million by volume (ppmvd), or 95%reduction by weight or volume measured as required by [subdivision (7) of] subsection (c)(Dofthis section Hydrogen chloride -- 25 parts per million by volume (ppmvd), or Mass burn waterwall 95%reduction by weight or volume measured combustors for which as required by [subdivision (7) of] subsection construction (c)(Dofthis section commenced after 

### December 20, 1989 Dioxin/furan 30ng/dscm total mass Opacity 10%

Commenced Prior to September 20, 1994]

.[Table 38-1a

. Additional Air Pollutant Emisson Limits for MWCs for which Construction Commenced Prior to September 20, 1994

. Air pollutant Emission lim i t Mercury I 0 .028 mg/dscm, or 85%reduction by weight measured as required by subdivision (7) ofsubsection (c) ofthis section ] (1) [On and after the date specified in subsection (m) ofthis section, no owner or operator of a municipal waste combustor for whichconstruction, modification or reconstruction commenced on or after September 20, 1994 shall cause or allow the emission ofany air pollutant in excess of the applicable emission limit identified in Tables 38-2 and 38-2a ofthis subdivision.] Reserved

. [Table 38-2

. Air Pollutant Emission Limits for MWCs for which Construction, Modification or Reconstruction Commenc ed on or after September 20, 1994

. Air pollutant Emission limit Particulate matter (PM) 24 mg/dscm 

### Cadmium(Cd) 0.020mg/dscm Lead (Pb) 0 .20mg/dscm Mercury (Hg) 0 .080 mg/dscm, or 85% reduction by weight measured as required by subdivision (7) of subsection (c) ofthis section Sulfur dioxide (S02) 29ppmvd, or 80%reduction by weight or 

### volume measured as required by subdivision (7) ofsubsection (c) ofthis section Hydrogen chloride (HCl) 25 ppmvd, or 95%reduction by weight or 

### volume measured as required by subdivision (7) ofsubsection (c) ofthis section Dioxin/furan 13 ng/dscm total mass 

### Opacity 10%Table 38-2a

. Additional Air Pollutant Emission Limits for MWCs for which Construction,

Modification or Reconstruction Commenced on or after September 20, 1994

. Air pollutant Emission limit Mercury I 0.028 mg/dscm, or 85%reduction by weight measured as required by

subdivision (7) ofsubsection (c) ofthis section ] (3) Continuous compliance with the particulate matter, cadmium, lead, mercury, hydrogen chloride and/or dioxin/furan emission limits shall be determined based on an initial performance test, annual performance test or other appropriate performance test, as determined in writing by the commissioner., unless otherwise allowed by this section

. Suchtests shall be performed as required by subsection (i) ofthis section

. (4) Continuous compliance with the sulfur dioxide emission limits contained herein shall be based on a 24-hour daily geometric average ofthe hourly arithmetic average emission concentrations using CEM systemoutlet data ifcompliance is based on an emission concentration, or CEM systeminlet and outlet data ifcompliance is based on a percent reduction

. (5) Continuous compliance with the opacity emission limit contained herein shall be based on a six-minute arithmetic average. (6) For an air pollutant for which this subsection provides for an emission limit measured either as a concentration or as apercentage reduction by weight or volume, the less stringent emission limit shall prevail

. (7) For an airpollutant for which this subsection provides for an emission limit measured either as apercent reduction by weight or a percentreduction by volume, compliance shall be determined by measuring the concentration ofair pollutant at the outlet ofthe air pollution control device that discharges directly to the stack, subtracting it fromthe concentration at the inlet ofthe air pollution control device that receives exhaust gases directly fromthe combustion chamber, dividing the difference by the concentration ofair pollutant at the inlet to the air pollution control device that receives exhaust gases directly fromthe combustion chamber and then multiplying that result by a factor ofone-hundred (100)

. (8) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor shall cause or allow the emission of

nitrogen oxides (NOx) in excess ofthe applicable emission limit identified in [Tables] Table 38-3 [and 38-3a] of this subdivision

.10

[ Table 38-3

. Nitrogen Oxides Emission Limits

. Nitrogen oxides emission limit, measured in parts per million volume, Municipalwaste combustor technology corrected to seven percent oxygen, dry basis, or equivalent percentage carbon dioxide as specified in subdivision (12) of this subsection Mass bum

refractory combustor 185 

### Mass burn waterwall combustor forwhich construction 205 commenced on or before December 20, 1989 Mass burn waterwall combustor for which construction 180 commenced after December 20, 1989 and on or before September 20, 1994 Mass burn waterwall combustor for which construction 180for the one-year period commenced after September 20, 1994 beginning on the date of completion ofthe initial performance test required by ; this section, and 150for that period oftime subsequent to the one-year period identified above Processed-municipal solid waste combustor 220 Reciprocating grate waste tire fired incinerator/boiler 7911

Nitogen oxides emission limit, measured in parts per millionvolume, Municipal waste combustor technology corrected to seven percent oxygen, dry basis, or equivalent percentage carbon dioxide as specified in subdivision (12) ofthis subsection Mass burn refractory combustor 177 Mass burn waterwall combustor for which construction 200 

### commenced on or before December 31, 1985 Mass burn waterwall combustor for which construction 177 commenced after December 31, 1985 and on or before 

### September 20, 1994 Mass burn waterwall combustor for which construction 177 for the one-year period commenced after September 20, 1994 beginning on the date of completion ofthe initial performance test required by this section, and 150for that period oftime subsequent to the one-year period identified above Processed-municipal solid waste combustor 146 Table 38-3a

. Additional Nitro g en Oxides Emission Limits

.12
Table 38-3

. Nitrogen Oxides Emission Limits

.

unicipal waste combustor technology Nitrogen oxides emission limit, measured in parts per million volume, corrected to seven percent oxygen, dry basis, or equivalent percentage carbon dioxide as specified in subdivision (12) of this subsection Mass burn refractory combustor 177 Mass burn waterwall combustor for which construction 200 commenced on or before December 31 1985 _ Mass burn waterwall combustor for which construction 177 commenced after December 31, 1985 _

~ Processed-municipal solid waste combustor 146 Reciprocating gratewaste tire fired incinerator/boiler 79 (9) Continuous compliance with the nitrogen oxides emission limits contained herein shall be based on a 24-hour daily [arithmetic] average. (10) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor unit subject to this section shall cause or allow an emission of carbon monoxide in excess ofthe applicable emission limit identified in Table 38-4 ofthis subdivision
.13

Table 38-4
. Carbon Monoxide Emission Limits

.

Carbon monoxide emission limit, measured in parts per million Municipal waste volume at the combustor Averaging time, in hours, combustor technology outlet and corrected to calculated as an seven percent oxygen, arithmetic average dry basis, or equivalent percentage carbon dioxide as specified in subdivision (c)(12) ofthis section Mass burn refractory 100 4 combustor Mass burn waterwall 100 4 combustor Processed-municipal solid 200 24 

### waste combustor [ for which construction 

### commenced prior to September 20, 1994 ] [ Processed-municipal [ 150] [ 241 solid waste combustor for which construction commenced on or after 

### September 20, 1994] Reciprocating grate waste 180 4 tire fired incinerator/boiler (11) The emission limits and operating requirements ofthis section shall apply at all times except during periods ofstartup, shutdown or malfunction as provided in this subdivision: (A) [The] For determining compliance with an applicable carbon monoxide emissions limit ifa loss ofboiler water level control or a loss ofcombustion air control is determined to be a malfunction the duration ofthe malfunction period shall be limited to fifteen (15) hours per occurrence. Otherwise, the duration ofeach startup, shutdown or malfunction period shall be limited to three hours per occurrence for all MWCunits; (B) For the purpose ofcompliance with the opacity emission limits, during each period ofstartup, shutdown or malfunction, the opacity limits shall not be

### 14
exceeded during more than five (5) 6-minute arithmetic average measurements; and (C) [For determining compliance with an applicable carbon monoxide emissions limit, ifa loss of boiler water level control or a loss ofcombustion air control is determined to be a malfunction, the duration ofthe malfunction period shall be limited to fifteen (15) hours per occurrence.] During periods ofstartup, shutdown, or malfunction, monitoring data shall be excluded fromcalculations of compliance withthe emission limits and operating requirements ofthis subdivision but shall be recorded and reported in accordance with subdivisions (k) and (Z) ofthis section

. (12) All emission limits inthis subsection, except for those identified for opacity, shall be correctedto sevenpercent oxygen (7%OZ), unless the owner or operator submits information to justify a correction to an equivalent percent carbon dioxide (%C02) and receives the commissioner's written approval

. If the owner or operator ofa MWCseeks to use an equivalent % C02, the owner or operator must demonstrate the relationship between OZ and COZ levels as specified in [subparagraph (J) ofsubdivision (4) of] subsection (i)(4)(J) ofthis section and submit a written report to the commissioner summarizing the results ofthe demonstration

. This relationship may be reestablished during any performance test conducted pursuant to subsection (i) ofthis section

. (13) [During the operation ofa MWCunit, the carbon injection systemoperating parameter(s) that are the primary indicator(s) ofthe carbon mass feed rate (e.g., screw feeder setting) must equal or exceed the level(s) documented during the performance tests specified under subsection (i) ofthis section, based on a 24-hour daily average.] Reserved

. (14) Notwithstanding [subparagraphs (D), (E) and (F) ofsubdivision (4) of] subsection (i) (4)(D) through (F) ofthis section, for the purpose of submitting compliance certifications or for the purpose ofthe commissioner establishing whether the owner or operator has violated or is in violation ofany emission limit or standard in this subdivision, nothing shall preclude the commissioner's use, including the exclusive use, ofany appropriate performance test results, credible evidence or information relevant to demonstrating compliance with the applicable requirements ofthis section

. (15) Notwithstanding subdivision (12) ofthis subsection, the owner or operator ofa reciprocating grate waste tire fired incinerator/boiler shall correct all emission limits, except for those identified for opacity, to 12% COZ

.15

(d) Nitrogen oxides (NOx) emissions trading program . (1) The owner or operator ofa MWCunit for which construction commenced prior to December 20, 1989 may use emissions trading to meet some or all of the NOx emission reductions required for compliance with the emission limits in [subdivision (8) ofJ subsection (c)M ofthis section, subject to the limitations described in this subsection for the NOx emissions trading program . (2) The owner or operator ofa municipal waste combustor for which construction commenced on or after December 20, 1989 may participate in the NOx emissions trading program .described in this subsection as follows: (A) Such owner or operator may not use NOx Emission Reduction Credits (ERCs) to comply with the applicable NOx emission limits in subsection (c) ofthis section; and (B) Such owner or operator maycreate ERCs in accordance with the requirements of this subsection ifactual NOx emissions froma unit are lower than the applicable NOx emission limits in subsection (c) ofthis section and lower than any applicable NOxTrading Baseline

. (3) For inclusion in the NOx emissions trading program, an owner or operator ofa municipal waste combustor unit shall submit a NOx trading protocol to the commissioner for review and written approval on or before December 1, 1999

. The protocol shall include, at a minimum : (A) Aformal request to participate in the NOx trading program ; (B) ANOx Trading Baseline and supporting data

. The NOxTrading Baseline shall be determined as follows: (i) If the historical actual twenty-four hour daily NOx average (ppmv @ 7% 02 or ppmv @

an equivalent %

COz, as specified in subdivision (12) of subsection (c) ofthis section) is higher than the applicable NOx limit set forth in subsection (c) ofthis section, then the applicable subsection (c) NOx limit shall be the NOx Trading Baseline, (ii) If the historical actual twenty-four hour daily NOx average (ppmv @ 7% 02or ppmv @

an equivalent %

C02, as specified in subdivision (12) of subsection (c) ofthis section) is lower than the applicable NOx limit set forth in subsection (c) ofthis section and such lower average concentration is the result of installation ofcontrol equipment or modification ofa MWCunit solely for the purposes of meeting the requirements ofthis regulation or section 22a-174-22 ofthe Regulations of Connecticut State Agencies, then the applicable NOx limit of subsection (c) ofthis section shall be the NOx Trading Baseline

. Control equipment or modifications installed prior to 1990, or installed on new sources since 1990 or installed to meet BACT or LAERrequirements shall not be

### 16
considered as having been installed as a result ofthe requirements ofthis section or section 22a-174-22, or (iii) If the historical actual twenty-four hour daily NOx average (ppmv @ 7% 02or ppmv @

an equivalent %

C02, as specified in [subdivision (12) ofJ subsection (c)(LQofthis section) is lower than the applicable NOx limit set forth in subsection (c) ofthis section, then a NOx Trading Baseline shall be established based on the historical actual twenty-four hour daily NOx average; (C) Adetailed methodology for determining and recording hourly heat input (mmBTU/hr) ; and (D) All calculations, using the formulas provided in [subparagraph (E) of] subdivision (4)M ofthis subsection, ofthe number of ERCs created and/or used

. Calculations shall specify unit-specific values for NOx limits, f-factors and C02 correction factors, as applicable

. (4) The owner or operator ofa municipal waste combustor unit participating in the MWC NOx emissions trading programshall use the following methodology to determine on a daily basis the quantity of ERCs created or used: (A) Calculate NOx DailyAverage Concentration (24-hour block arithmetic average basis) and compare it to the applicable NOx limit of [subdivision (8) ofl subsection (c)(~) ofthis section; (B) If the NOx DailyAverage Concentration is greaterthan the applicable NOx limit of [subdivision (8) of] subsection (c)M ofthis section, then calculate the number of ERCs used; (C) If the NOx DailyAverage Concentration is less than the applicable NOx limit of [subdivision (8) ofJ subsection (c)M ofthis section but greater than the NOx Trading Baseline, then ERCs shall neither be used nor created; (D) If the NOx DailyAverage Concentration is less than the NOx Trading Baseline, calculate the number of ERCs created; and (E) Use the following formulas to calculate the number of ERCs used or created: [ lbs ERCs used =

[NOx DailyAverage Concentration - (0.95 x applicable NOx limit of subdivision (8) ofsubsection (c) ofthis section)] x [1 .194 x 10-7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Average] x [# ofActual Operating Hours in the DailyAveraging Period] ] lbs ERCs used =17 [NOx DailyAverage Concentration - (0.95 x applicable NOx limit of subsection (c)(8) ofthis section)] x L1 .194 x 10-7] x [Diluent Correction] x [f-factorl x [Daily Heat Input Rate Averagel x [# of A

ctual Operatin Hours in the DailyAveraging_,Period]

lbs ERCs created =

[NOx Trading Baseline - NOx Daily Average Concentration] x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Average] x [# of Actual Operating Hours in the DailyAveraging Period] x [0.85] where: NOx Daily Average Concentration: Average ofall valid hourly NOxvalues (ppmvd @

7% 02 or ppmv @

an equivalent %

COz) recorded during the Daily Averaging Period

. 1.194x 10-7: NOx concentration conversion factor

. Diluent Correction: If 02is used as the diluent, then the diluent correction = [20 .9/ 20.9 - 7]

. If C02is used as the diluent, then the diluent correction = [100 / equivalent % C02]

. f-factor: If 02is used as the diluent, then fd is in the units ofdscf/mmBTU

. If C02is used as the diluent, then fc is in the units ofscf/mmBTU

. An f-factor may be either unit-specific or adopted from Table 19-1 in 40 CFR [Part] 60, Appendix A, Method 19

. Daily Heat Input Rate Average: Average ofall valid hourly Heat Input Rate values (mmBTU/hr) recorded during the Daily Averaging Period

. Daily Averaging Period: The total ofall operating hours in a day during which municipal solid waste is being fed to a boiler and/or when the boiler load is at least 75%

ofmaximumrated capacity

. NOxTrading Baseline: The NOx concentration used as the baseline from which ERCcreation is determined

. The Trading Baseline will be the applicable NOx limit of [subdivision (8) of] subsection (c)M ofthis section or, ifthe historical actual daily average concentration is less than the applicable NOx limit of [subdivision (8) of] subsection (c)(8) ofthis section, thevalue established by the commissioner (ppmvd @ 7%02 or ppmv @

an equivalent %

C02)- 0 .85: This factor represents 10% ERCretirement for environmental benefits and 5% retirement for heat input measurement uncertainties

. If the owner or operator installs and calibrates exhaust gas flow monitors in a manner acceptable to the commissioner, certifies that the equipment specifications have been met and are

### 18 being met and uses such monitors to determine heat input to the unit, then 0 .90 can be substituted for 0 .85

. (5) Any MWCowner or operator seeking to create ERCs pursuant to this subsection shall : (A) In accordance with subsection (k) ofthis section, maintain records for each MWC unit showing daily NOx mass emissions, actual NOx concentrations (24-hour average), daily operating hours and ERCs created; [and] (B) Submit a written requestto the commissioner for approval of ERCs created prior to the use, sale or transfer ofsuch ERCs

. Such request shall include the following minimuminformation: (i) the monthly operating reports ofactual fuel use in mmBTU, (ii) the daily actual NOx mass emissions and NOx concentrations (24-hour average), (iii) the number ofvalid data hours in each 24-hour period for which approval is requested, (iv) the number ofoperating hours per day, and (v) the quantity of ERCs created[ .] ; and Create all such ERCspriorto January 1, 2009

. (6) Any MWCowner or operator intendingto use ERCs pursuant to this subsection shall : (A) No later than the first day ofeach calendar month, calculate, in tons, ERCs per month for each MWCunit, the projected maximum number of ERCs required for that calendar month using the formulas provided in [subparagraph (E) of] subdivision (4)(E) ofthis subsection; (B) No later than the first day ofeach calendar month, acquire a sufficient number of ERCs approved by the commissioner to match the quantity needed as determined according to subparagraph (A) ofthis subdivision

. The quantity needed may be satisfied with unused ERCs created or acquired in previous months, subject to the restrictions ofsubparagraph (D) ofthis subdivision

. Credits to be used during the ozone season must have been generated during the ozone season; (C) No later than the twentieth day ofeach month, calculate and record the actual quantity of ERCs used in the preceding calendar month; (D) Maintain documentation demonstrating that ERCs used during the ozone season were generated during an ozone season. An ERCgenerator certification shall be sufficient for such demonstration;

### 19

(E) Prior to May 1, 2001, any ERCs used for meeting the emission limits contained in subdivision (8) of subsection (c) ofthis section shall have been created within the two calendar years preceding the year ofsuch ERCuse; (F) On and after May 1, 2001, any ERCs used to meetthe emission limits contained herein shall have been created on or after May 1, 1999; ] [(G)] Q An ERCused to meet the emission limits contained herein shall have been created within the five calendar years preceding the year of such ERCuse; and [(H)] (F,) For the purposes of [subparagraphs] subparagraph (E) [through (G)] of this subdivision, an ERCis considered created in the same calendar year the NOx emission reduction occurs at aplant or source. (7) No laterthan March 1 ofeach year, the MWCowner or operator shall provide to the commissioner a report containing the following information: (A) Arecord for the previous calendar year ofeach use, sale or other transfer ofany and all ofthe ERCs created in accordance with this subsection; and (B) Arecord for the previous calendar year of actual NOx emissions fromthe facility and each MWCunit, the quantity of ERCs created and the quantity ofERCs used, on a monthly basis and an ozone season basis

. (8) Any reports required by this subsection shall be made on forms furnished or prescribed by the commissioner

. (9) Anycreation or use of ERCs for the purposes ofthis subsection shall conformto the provisions ofthe U

.S
. Environmental Protection Agency's "Economic Incentive ProgramRules," 40 CFR [Part] 51, Subpart U

. (10) Any emission reductions under this subsection for the purposes of ERCcreation shall [be] : (A) [Calculated] Be calculated in a reliable and replicable manner; and (B) Not be a reduction required by any provision ofthe state implementation plan at the time the reduction was made, nor shall the reduction be relied upon in an applicable attainment demonstration or required by state or federal permit or order, except where a state or federal permit or order is used to set a NOx trading baseline as defined by subdivision (3) ofthis subsection

. (11) It shall be aviolation ofthis section ifthe calculation specified by [subparagraph (C) of] subdivision (6)fCj this subsection demonstrates that any MWCowner or operator did not hold or acquire a sufficient number of ERCs to comply with the NOx emission limits contained herein

. In addition, the MWCowner or operator shall acquire additional ERCs in an amount equal to three (3) ERCs for every one (1) ERCneeded for compliance, had the ERCs been held or acquired at the time specified in [subparagraph (B) of] subdivision (6)0ofthis subsection

. The20

additional ERCs shall be acquired on or before the last day ofthe calendar month in which the calculation specified by [subparagraph (C) ofJ subdivision (6)n ofthis subsection is performed

. Nothing herein shall preclude the commissioner fromtaking other enforcement action against the owner or operator for failing to hold or acquire a sufficient number of ERCs prior to their use. 12 All ERCs created pursuant to this section shall expire prior to May 1, 2013

. On and after May 1, 2013, the use or trading of ERCs created pursuant to this section is prohibited

. [(e) [Reserved.]] Reserved

.21

(f) Fugitive ash emissions

. (1) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor plant shall cause to be discharged to the atmosphere visible emissions ofcombustion ash froman ash conveying system, including conveyor transfer points, in excess offive percent (5 %) ofthe observation period (i .e., nine (9) minutes per threehour period), as specified in [subparagraph (I) ofsubdivision (4) of] subsection (i) M ofthis section

. (2) The emission limit specified in subdivision (1) ofthis subsection does not cover visible emissions discharged inside buildings or within enclosures of ash conveying systems; however, the emission limit specified in subdivision (1) ofthis subsection does cover visible emissions discharged to the atmosphere frombuildings or enclosures ofash conveying systems

. (3) The provisions specified in subdivision (1) ofthis subsection do not apply during maintenance and repair ofash conveyingsystems, however, all reasonable measures to control fugitive emissions on such occasions shall be implemented

. (g) Operating practices

. (1) No owner or operator ofa municipal waste combustor unit shall cause or allow such unit to operate at a temperature, measured at each particulate control device inlet, more than seventeen (17) degrees centigrade, based on a 4-hour [arithmetic] block average, above the maximum

demonstrated particulate control device temperature measured during the most recent performance test for dioxin/furan emissions for which compliance with the dioxin/furan emissions limit was achieved

. (2) No owner or operator ofa municipal waste combustor unit shall cause or allow such unit to operate at a municipal waste combustor unit load greater than one hundred ten percent (110 %) ofthe maximum

demonstrated [4-hour average] municipal waste combustor unit load, based on a 4-hour [arithmetic] block average, measured during the most recent performance test for dioxin/furan emissions forwhich compliance with the dioxin/furan emissions limit was achieved

. Municipal waste combustor unit load shall be measured by a steam flow meter

. (3) An owner or operator may, notwithstanding subdivisions (1) and (2) ofthis subsection, during the annual dioxin/furan emissions performance test and for two (2) weeks prior to such test, allow

temperatures in excess ofthat specified in subdivision (1) ofthis subsection and municipal waste combustor unit load limits in excess ofthat specified in subdivision (2) ofthis subsection

. However, should the owner or operator operate the unit at such excess temperatures and load, the owner or operator shall not again be allowed to operate at such excess temperatures and load during that test period without the approval ofthe commissioner should the annual dioxin/furan emission performance test be postponed

. (4) The particulate matter control device temperature limits and municipal waste combustor unit load limit may be waived temporarily by the commissioner to allowevaluation ofsystem performance, testing of new technology or control technologies or diagnostic testing, provided that any such temporary waiver is authorized through a permit or order issued prior to an22

evaluation of systemperformance, testing of new technology or control technologies or diagnostic testing

. (5) During the operation ofa MWCunit, the carbon injection systemoperating parameter(s) that is the primary indicator(s) ofthe carbon mass feed rate (e.g., screw feeder setting) shall be averaged over a block 8-hour period, and the 8-hour block average shall equal or exceed the level(s) documented during the performance tests specified under subsection (i) ofthis section[, based on a 24-hour arithmetic average]

. (h) Operator training and certification

. (1) No owner or operator ofa municipal waste combustorplant shall cause or allow such plant to be operated at any time unless a certified chiefoperator or shift operator is physically present at the plant

. (2) Operators shall be certified by the commissioner under section 22a-231-1 of the Regulations ofConnecticut State Agencies and shall be identified as either a Class I or Class II chief operator or a Class I or Class II shift operator

. (3) [All] Within six (6) months ofthe date ofemployment, all chiefoperators and shift operators must satisfactorily complete an operator training course conducted by the commissioner [no later than 180days following the effective date ofthis section or the date six months after the date ofplant startup, whichever is later

. Chiefoperators and shift operators hired after this time must satisfactorily complete such course within six (6) months ofthe date of employment]

. (4) [No later than oneyear after the effective date ofthis section, the] The owner or operator ofa municipal waste combustor shall [develop] have a site-specific Municipal Waste Combustor Operating &Maintenance Manual with an index [or revise an existing operating and maintenance manual to meet the requirements ofthis section]

. Such Municipal Waste Combustor Operating &Maintenance Manual shall be updated on an annual basis

. The Municipal Waste Combustor Operating &Maintenance Manual shall include: (A) Asummary ofthe applicable emission limits and operational requirements ; (B) Adescription of basic combustion theory applicable to a municipal waste combustor unit; (C) Procedures for receiving, handling, and feeding municipal solid waste; (D) Procedures for startup, shutdown and malfunction; (E) Procedures for maintaining proper combustion air supply levels; (F) Procedures for operating the combustorwithin the standards established under this section

; (G) Procedures forresponding to periodic upset or off-specification conditions;23

(H) Procedures for minimizing particulate matter carryover; (1) Procedures for handling ash; (J) Procedures for monitoring emissions; and (K) Procedures for reporting and record keeping

. (5) The owner or operator ofa municipal waste combustor plant shall establish a training programto review

the Municipal Waste Combustor Operating &Maintenance Manual with each person who has responsibilities affecting the operation ofa MWCplant including, but not limited to, the chief operator, shift operator, ashhandler, maintenance employee and crane/load handler

. The owner or operator shall train new employees with thejob positions identified in this subdivision prior to each new employee's assumption ofany responsibilities at a MWCplant

. [The owner or operator shall train those whopresently are employed in thejob positions identified in this subdivision within oneyear after the effective date ofthis section.] Following initial training, the training program shall be repeated on an annual basis for eachperson identified in this subdivision

. (6) The Operating &Maintenance Manual shall be kept in a location readily accessible to all persons identified in subdivision (5) ofthis subsection and shall be available for inspection by the commissioner or Administrator upon request
. (i) Performance testing

. (1) [Each MWCowner or operator shall conduct an initial performance test to determine compliance with the emission limits specified in this section .] All performance tests shall be conducted under representative full load operating conditions

. [The initial performance test for eachpollutant for which a limit is specified in this section shall be completedwithin 180days after the final compliance date identified in subsection (m) ofthis section.] (2) [Following the date that the initial performance tests for dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury and fugitive ash are completed, the] The owner or operator ofa municipal waste combustor shall conduct an annual performance test for dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury and fugitive ash [for these pollutants ] at least once per calendar year. Such test shall be conducted no less than nine (9) calendar months and no more than [twelve (12)] fifteen (15) calendar months following the previous performance test for such pollutant

. (3) Notwithstanding subdivision (2) ofthis subsection, upon demonstration for two (2) consecutive years that the dioxin/furan emission levels from all units at a MWCplant for which construction commenced prior to September 20, 1994 are less than fifteen (15) ng/dscmtotal mass or, for all units for which construction, modification or reconstruction commenced on or after September 20, 1994, and are less than seven (7) ng/dscm total mass, the MWCowner or operator shall only be required to conduct performance testing for dioxin/furan on one unit at that MWCplant

. The owner or operator shall rotate performance testing among units no more than twelve (12) months following the previous performance test in a fixed sequence so that each24

unit is tested at the same frequency

. If in anyyear following the year ofelection of such reduced testing, the dioxin/furan emission test results indicate a level equal to or greater than fifteen (15) ng/dscm total mass for any unit for which construction commenced prior to September 20, 1994, or greaterthan seven (7) ng/dscmtotal mass for any unit for whichconstruction, modification or reconstruction commenced on or after September 20, 1994, thenthe MWCowner or operator shall resume testing ofall units at the MWCplant during the next annual performance test

. The owner or operator shall continue to test all units on an annual basis until the performance tests for all units indicate dioxin/furan emission levels that meet the requirements ofthis subdivision, at which time the owner/operator may resume testing in accordance with this subdivision

. (4) Each MWCowner or operator shall employ the following methodologies: (A) Testing for particulate matter and opacity levels shall be conducted in accordance with the following procedures: (i) 40 CFR 60, Appendix A, Reference Method 1 shall be used to select the sampling site and number of traverse points for particulate matter testing, (ii) 40 CFR 60, Appendix A, Reference Method 3 shall be used for flue gas analysis for particulate matter testing, (iii) 40 CFR60, Appendix A, Reference Method 5 or 29shall be used for determining compliance withthe particulate matter emission limit

. For each Method 5 or Method 29test run: the minimum sample volume shall be 1 .7 cubic meters; the probe and filter holder heating systems in the sample train shall be set to provide a gas temperature no greater than 160 [+/- 14 ] degrees centigrade; and an oxygen or carbon dioxide measurement shall be obtained simultaneously
. For each Method 29test run, the minimum

sample time shall be two (2) hours, (iv) 40 CFR60, Appendix A, Reference Method 9shall be used for determining compliance with the opacity emissions limit, except as provided under 40 CFR 60.11(e), and (v) The compliance determination for particulate matter shall be based on an arithmetic average determined using all data generated in three (3) test runs as required by this section ; (B) Testing for cadmium and lead levels shall be conducted in accordance with the following procedures: (i) 40 CFR [Part ] 60, Appendix A, Reference Method 1 shall be used for determining the location and number ofsampling points, (ii) 40 CFR [Part ] 60, Appendix A, Reference Method 3 shall be used for flue gas analysis,25
(iii) 40 CFR [Part ] 60, Appendix A, Reference Method 29 shall be used for determining compliance with the cadmiumand lead emission limits, (iv) An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test runfor cadmiumand lead required under this section, (v) The minimum

sample time shall be two (2) hours per each Method 29 test run, and (vi) The compliance determinations for cadmium and lead shall be based on an arithmetic average determined using all data generated in three (3) test runs as required by this section; (C) Testing for mercury levels shall be conducted in accordance with the following procedures: (i) 40 CFR [Part ] 60, Appendix A, Reference Method 1 shall be used for determining the location and number ofsampling points, (ii) 40CFR [Part ] 60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii) 40CFR [Part ] 60, Appendix A, Reference Method 29 shall be used for determining compliance with the mercury emission limits

. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test runformercury required under this section, (iv) The minimum

sample time shall be two (2) hours per each Method 29 test run, (v) The percent reduction in the potential mercury emissions (?IoPHg) is computed using the following:

[(]/ p [~ _( Ei - Eo x 100

Ei )
where: [YoPhg] LloPt~~ = percent reduction ofthe potential mercury

emissions achieved

. Ei =potential mercury emission concentration measured at the control device inlet, corrected to 7 % 02 (dry basis)

. Eo = controlled mercury emission concentration measured at the mercury control device outlet, corrected to 7 % 02 (dry basis), and26
(vi) The compliance determinations for mercury shall be based an arithmetic average ofemission concentrations or percent reductions determined using all data generated in a minimum ofat least three (3) test runs as required by this section; (D) Compliance with the sulfur dioxide emission limit (measured as a concentration or as a percent reduction by weight orvolume) shall be determined by using the CEM systemspecified in [subdivision (1) of] subsection (j)(1) ofthis section ; (E) Compliance with the nitrogen oxide emission limit shall be determined by using the CEM

system specified in [subdivision (1) ofJ subsection (j)(1) ofthis section; (F) Compliance with the carbon monoxide emission limit shall be determined by using the CEM

system specified in [subdivision (1) of] subsection (j)(Dofthis section ; (G) Testing for hydrogen chloride levels shall be conducted in accordance with the following procedures: (i)

(ii)

(iii) 40 CFR [Part ] 60, Appendix A, Reference Method 26 or 26A, as applicable, shall be used to determine the hydrogen chloride emission concentration

. The minimum sampling time for Method 26 shall be one (1) hour, An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 26 test run for hydrogen chloride required by this section, The percent reduction in potential hydrogen chloride emissions (%PHCI) shall be computed using the following equation:

[0/pHCI [11 

### = Ei- Eo x 100

Ei
where: OlopHCI =percentreduction ofthe potential hydrogen

chloride emissions achieved

. Ei =potential hydrogen chloride emission concentration measured at the control device inlet, corrected to 7 %

OZ (dry basis)

. Eo = controlled hydrogen chloride emission concentration measured at the control device outlet, corrected to 7 %

02 (dry basis), and (iv) The compliance determination for hydrogen chloride shall be based on an arithmetic average of emission concentrations or percent reductions27
determined using all data generated inthree (3) test runs as required by this section; (H) Testing for dioxin/furan levels shall be conducted in accordance with the following procedures: (i)

(1)

(J) 40 CFR [Part] 60, Appendix A, Reference Method 1 shall be used for

determining the location and number of sampling points, (ii) 40 CFR [Part] 60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii) 40 CFR[Part] 60, Appendix A, Reference Method 23 shall be used for determining the dioxin/furan emission concentration, (iv) The minimum

sample time shall be four (4) hours per test run, (v) An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 23 test runfor dioxin/furan required by this section, and (vi) The compliance determination for dioxin/furan levels shall be based on an arithmetic average determined using all data generated as required by this section in three (3) test runs; Testing for fugitive ash emissions shall be conducted in accordance with the following procedures: (i) 40 CFR[Part ] 60, Appendix A, Reference Method 22 shall be used for determining compliance with the fugitive ash emissions limit, (ii) The minimum

observation time shall be a series ofthree (3) one-hour observations, and (iii) The observation period shall include representative operational times when the facility is transferring ash fromthe municipal waste combustor unit to the areawhere ash is stored or loaded into containers or trucks; Testing for the relationship betweencarbon dioxide and oxygen shall be conducted in accordance with the following procedures: (i) At least three (3) test runs of COZ and 02 diluent data shall be obtained using the procedures and methods contained in 40 CFR [Part] 60, Appendix A, Reference Method 3Aor 313, (ii) For each test run, using the following equation, a calculation shall be made ofthe COZ correction factor which is equivalent to a 7%OZ correction factor:28

13.9 C02 correction factor = , x C02measured (20
. 9 - 02 measured)

, and (iii) Calculation ofa unit-specific equivalent COZ correction factor shall be the arithmetic mean ofthe result obtained fromthe three (3) test runs and the calculation ofthe COZ correction factor for each test run pursuant to subparagraph (J)(ii) ofthis subdivision, rounded to the nearest whole number; and (K) During the performance tests for dioxin/furan and mercury, as applicable, the owner or operator shall estimate an average carbon mass feed rate based on carbon injection systemoperating parameters such as the screw feeder speed, hopper volume, hopper refill frequency, or other parameters appropriate to the feed systembeing employed, as follows: (i) An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for mercury emissions and each subsequent performance test for mercury emissions, and (ii) An average carbon mass feed rate in kilograms per hour or pounds perhour shall be estimated during the initial performance test for dioxin/furan emissions and each subsequent performance test for dioxin/furan emissions

. [(5) The owner or operator ofamunicipal waste combustor mayelect to use any results of performance tests conducted by the commissioner to determine compliance with the emission limits or standards contained herein.] (j) Compliance monitoring

. (1) Continuous compliance with the emission limits specified in [subsection (c) of]this section for opacity, sulfur dioxide (S02), S02reduction efficiency, nitrogen oxides (NOx) and carbon monoxide [(CO)] shall be determined based on continuous emission monitoring system data

. [Nolater than the applicable compliance date specified in subsection (m) ofthis section, the] The owner or operator of a municipal waste combustor shall install, operate and calibrate such continuous emission monitoring systemin a manner acceptable to the commissioner and certify to the commissioner, in writing, that the equipment specifications for the continuous emission monitoring systemhave been and are being met

. In addition to the aforementioned continuous monitoring systems, the owner or operator ofa municipal waste combustor shall also install, operate, calibrate and maintain continuous monitoring systems for measuring the final particulate control device inlet temperature, municipal waste combustor unit load and the oxygen or carbon dioxide content ofthe flue gas at each location where carbon dioxide, sulfur dioxide or nitrogen oxide emissions are monitored, and, ifactivated carbon is used to control dioxin/furan or mercury emissions, the carbon feed rate

. CEM systems shall meet the following requirements :29

(A) Opacity monitors shall meet the applicable performance and quality assurance requirements of 40CFR60, Appendix B, Performance Specification 1 ; [R.C.S.A.] section 22a-174-4 ofthe Regulations of Connecticut State Agencies; and 40 CFR 60.13; (B) 02and COZ monitors shall meet the applicable performance and quality assurance requirements of 40 CFR60, Appendix B, Performance Specification 3; 40 CFR 60, Appendix F, Procedure l ; and 40 CFR 60.13; (C) S02monitors shall ;

[meet] Meet the applicable performance and quality assurance requirements of 40 CFR60, Appendix B, Performance Specification 2 ; 40 CFR60, Appendix F, Procedure 1 ; and 40 CFR60.13[ ;] , and 01i For units that have actual inlet emissions less than 100 ppmdv, the relative accuracy criterion for inlet sulfur dioxide CEM systems should be no greater than twenty percent (20%) ofthe mean value ofthe reference method test data interms ofthe units ofthe emission standard, or five p_pmdv absolute value ofthe mean difference between the reference method and the continuous emission monitoring systems, whichever is greater; (D) NOXmonitors shall meetthe applicable performance and quality assurance requirements of 40 CFR 60, Appendix B, Performance Specification 2; 40 CFR 60, Appendix F, Procedure 1 ; and 40 CFR60.13; (E) Carbon monoxide monitors shall_ (i) [meet] Meet the applicable performance and quality assurance requirements of 40 CFR 60, Appendix B, Performance Specification 4or 4A (as applicable) ; 40 CFR 60, Appendix F, Procedure 1 and 40 CFR 60.13 [;] , and ii For units subject to the 100ppmdv carbon monoxide standard, the relative accuracy criterion offive ppmdv is calculated as the absolute value ofthe mean difference between the reference method and the CEM system ; (F) Continuous monitoring systems for MWCunit load shall meet the requirements of 40CFR60.1810(a) ; and (G) Ifactivated carbon is used to control dioxin/furan or mercury emissions[,]

_ (i) [monitoring] Monitoring ofthe carbon feed rate shall meet the requirements of 40CFR60.1820 , and ii Pneumatic injection pressure or another carbon injection system operational indicator shall be used to provide additional verification of proper carbon injection systemoperation

. The operational indicator shall30 provide an instantaneous visual and/or audible alarm to alert the operator ofa potential interruption in the carbon feed that would not normally be indicated by direct monitoring ofcarbon mass feed rate (e.g. continuous weight loss feeder) or monitoring of the carbon systemoperating parameter(s) that are the indicator(s) ofthe carbon mass feed rate (e.g. screw feeder speed)

. The carbon injection systemoperational indicator used to provide additional verification ofcarbon injection system operation including basis for selecting the indicator and operator response to the indicator alarm, shall be included in the site-specific Municipal Waste Combustor Operating &Maintenance Manual

. (2) A MWCowner or operator shall comply with the following minimum data requirements: (A) Data available for gaseous and process CEMs shall not be less than ninety percent (90%) of the total operating hours in any one calendar quarter and not less than ninety-five percent (95%) ofthe total operating hours in any one calendar year; (B) Data available for opacity CEMs shall not be less than ninety-five percent (95%) ofthe total operating hours in any one calendar quarter; (C) Obtain valid 1-hour averages for seventy-five percent (75%) ofthe operating hours per day for ninety percent (90%) ofthe operating days per calendar quarter during which the unit combusts any municipal solid waste; (D) At least three equally spaced data points per hour shall be used to calculate a onehour average; (E) Notify the commissioner according to subsection (l)(3)(A)(v) ofthis section in the event offailure to obtain the minimum data required by subparagraphs (A) and (B) ofthis subdivision; and (F) The percentage ofdata available shall be calculated as follows: (i) In accordance with the procedures specified on forms furnished or prescribed by the commissioner, and (ii) Usingall data obtained froma CEM to calculate emissions concentrations and percent reductions as required by this section regardless ofwhether the minimum

data availability requirements ofsubparagraphs (A) and (B) ofthis subdivision are obtained

. [(3) The mean difference criteria evaluation specified in 40 CFR60, Appendix B, Performance Specification 4A shall be performed on the diluent corrected emission concentration values using the following equation:

Mean difference= I d ~ + ~ cc I < Sppm where, ~ dI =absolute value ofthe mean ofthe differences

~ cc ~ =the confidence coefficient31

During a loss ofboiler water level control or a loss of combustion air control malfunction period a diluent cap offourteen percent for oxygen or five percent for carbon dioxide may be used in the emissions cal culations for sulfur dioxide and nitrogen oxides

. (k) Record keeping requirements

. (1) The owner or operator ofa municipal waste combustor shall maintain records ofthe information specified in subdivisions (2) through [(11)] (13)_ofthis subsection, as applicable, labeling each record with the time and calendar date onwhich the data was generated

. Each record shall be maintained for aperiod ofat least five (5) years fromthe date the record was created
. (2) Operator training and certification records shall be maintained on an annual basis, as follows: (A) The names ofthe chiefoperators and shift operators, certified by the commissioner, and employed at the plant, including the dates ofinitial and renewal certifications and documentation ofcurrent certification; (B) The names ofthe chiefoperators and shift operators whohave completed an operator training course as required under [subdivision (3) of] subsection (h)(Dof this section; and (C) The names ofthe persons at the plant whohave completed a training program as required under [subdivision (5) of] subsection (h)(5) ofthis section

. (3) Emission concentrations and parameters, measured using a CEM system, shall be recorded as specified in this subdivision: (A) All six-minute arithmetic average opacity levels; (B) All one-hour average sulfur dioxide emission concentrations; (C) All one-hour average sulfur dioxide reduction efficiency levels; (D) All one-hour average nitrogen oxides emission concentrations ; and (E) All one-hour average carbon monoxide emission concentrations, municipal waste combustor unit load measurements, and particulate matter control device inlet temperatures

. (4) Average concentrations and percent reductions, as applicable, shall be maintained as specified in this subdivision: (A) All 24-hour daily geometric average sulfur dioxide emission concentrations and all 24-hour daily geometric average percent reductions in sulfur dioxide emissions;32
(B) All 24-hour daily [arithmetic] average nitrogen oxides emission concentrations; (C) All 4-hour block or 24-hour daily [arithmetic] average carbon monoxide emission concentrations, as applicable; and (D) All 4-hour block [arithmetic] average municipal waste combustor unit loads and particulate matter control device inlet temperatures

. (5) The calendar dates when any ofthe average emission concentrations, percent reductions, operating parameters or opacity levels recorded under subdivisions (3) or (4) ofthis subsection are above the applicable limit shall be identified

. The reasons for such exceedances, a description of corrective actions taken and a description ofthe measures taken to prevent future exceedances shall also be recorded
. (6) The calendar dates for whichthe minimum number ofhours ofany ofthe data required by this section have not been obtained shall be identified, the reasons for not obtaining sufficient data, a description ofcorrective actions taken and a description ofthe measures taken to prevent future losses of data

. (7) Wheresulfur dioxide emissions data, nitrogen oxides emissions data or operational data (i .e., carbon monoxide emissions, municipal waste combustor unit load and particulate matter control device temperature) have been excluded fromthe calculation ofaverage emission concentrations or parameters, the owner or operator shall [be] identify such exclusion as well as the reason(s) for excluding the data

. (8) The results ofdaily calibrations and quarterly accuracy determinations for opacity, sulfur dioxide, nitrogen oxides, carbon monoxide and oxygen or carbon dioxide continuous emission monitoring systems shall be recorded

. (9) The test reports and supporting calculations documenting the results ofan initial performance test conducted to determine compliance with the emission limits specified in this section for particulate matter, opacity, cadmium, lead, mercury, dioxin/furan emissions, hydrogen chloride and fugitive ashshall be recorded

. The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature shall be recorded forthe initial performance test for dioxin/furan emissions for each particulate matter control device

. The test results and supporting calculations documenting the relationship between carbon dioxide and oxygen concentrations established in accordance with this section shall be recorded ifestablished during the initial performance test

. (10) The test reports and supporting calculations documenting the results ofall annual performance tests conducted to determine compliance with the emission limits specified in this section for particulate matter, cadmium, lead, mercury, dioxin/furan emissions, hydrogen chloride and fugitive ash shall be recorded

. The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature (for each particulate matter control device) shall be recorded for eachperformance test for dioxin/furan emissions

. The relationship between carbon dioxide and oxygen concentrations shall be recorded if the relationship is reestablished during the annual performance test

.

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(11) For MWCs equipped with activated carbon injection systems for mercury or dioxin/furan emissions control, the records specified in this subdivision shall be maintained: (A) Estimates ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, during the initial mercury performance test and all subsequent annual performance tests, with supporting calculations; (B) Estimates ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, during the initial dioxin/furan emissions performance test and all subsequent annual performance tests, with supporting calculations; (C) Estimates ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, for each hour ofoperation, with supporting calculations; (D) For each calendar quarter, estimates ofthe total carbon usagefor each MWCunit in kilograms or pounds for each calendar quarter by two independent methods, according to the procedures specified below : (i) For each MWCunit, estimate the weight ofcarbon delivered, and (ii) For each MWCunit, estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour ofoperation based on the parameters specified under [subparagraph (K) ofsubdivision ] subsection (i)(4)~K) ofthis section, and sumthe results for the total number of hours ofoperation during the calendar quarter; (E) Carbon injection systemoperating parameter data for the parameter(s) that are the primary indicator(s) ofcarbon feed rate (e.g., screw feeder speed) ; and (F) The times and calendar dates when average carbon mass feed rates were less than either ofthe hourly carbon feed rates estimated during mercury or dioxin/furan emissions tests

. The reasons for such feed rates and a description ofcorrective actions taken shall also be recorded

. For each MWCunit the following records ofair pollution control device operation shall be maintained: For each reagent, the feed rate to the air pollution control device, measured in

kilograms per hour or pounds per hour, during the annual particulate emissions performance tests, with supporting calculations; For each reagent the feed rate to the air pollution control device, measured in kilograms per hour or pounds per hour, for each hour ofoperation, with supporting calculations; and For each calendar quarter, total reagent usage for each MWCunit in kilograms or pounds for each calendar quarter

.34

13 For each MWCunit the following records shall be recorded daily:

Dailyfossil fuel usage rates for each fuel ; and Daily hours ofoperation in which periods ofstartup and shutdown are distinguished

. (Z) Reporting requirements

. (1) [The MWCowner or operator shall submit an initial performance test report to the commissioner within sixty (60) days afterthe date ofcompletion of the initial performance test as specified in subsection (i) ofthis section

. Such an initial test report shall include the following: (A) The initial performance test data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load and particulate matter control device inlet temperature; (B) The initial performance test data for particulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride and fugitive ash emissions

. Dioxin/furan emissions shall be reported in the following units: (i) ng/dscmtotal mass, corrected to seven percent oxygen or equivalent percent carbon dioxide, and (ii) picograms per cubic meter, corrected to 12%C02 using 32 degrees Fahrenheit and 29.92 inches Hg as normal conditions, using the Toxic Equivalency Factors specified in section 22a-174-1(29) ofthe Regulations ofConnecticut StateAgencies; (C) The performance evaluation forthe continuous emission monitoring systemusing the applicable performance specifications and procedures cited in subsection (j) of this section; (D) The maximum

demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device inlet temperature(s) established during the initial dioxin/furan performance test; (E) For those units for which the relationship between carbon dioxide and oxygen is established as required by subsection (c)(12) ofthis section, the owner or operator shall submit the results of the tests establishing the relationship, including test results, identification ofthe unit test, the date and time ofeach test run, and, as necessary, a schedule for making the appropriate modifications to the CEM systemto incorporate the equivalent % C02correction factor;35

(F) For units that apply activated carbon injection for mercury control, the owner or operator shall submit the average carbon mass feed rate recorded under subsection (k)(11) ofthis section; and

. (G) For those units that apply activated carbon injection for dioxin/furan control, the owner or operator shall submit the average carbon mass feed rate recorded

. ] Reserved

. (2) For each MWCunit, [The] the MWCowner or operator shall submit a quarterly report to the commissioner within thirty (30) days following the end ofeach calendar quarter in which the datawere collected

. [The first quarterly report shall be submitted within thirty (30) days following the end ofthe calendar quarter in which the initial performance test is conducted.] Each quarterly report shall include the following information: (A) All [emissions] data recorded pursuant to this section during the calendar quarter; (B) Each calendar date during the calendar quarter reported when any ofthe average emission concentrations, percent reductions, operating parameters or opacity levels recorded exceeded the applicable limit identified in this section; the reasons the limit was exceeded and a description ofthe corrective actions taken; (C) For MWCs equipped with activated carbon injection systems formercury or dioxin/furan emissions control, the following information: (i) Identification ofthe calendar dates during the calendar quarter reported when average carbon mass feed rates were less than either ofthe hourly carbon feed rates estimated during mercury or dioxin/furan emissions tests, and the rates recorded

. The reasons for such feed rates and a description ofthe corrective actions taken shall also be reported, (ii) The total carbon purchased for and delivered to the MWCplant or purchased for and delivered to each MWCunit for the reported calendar quarter, and (iii) The required usage of carbon for the reported calendar quarter for the MWCplant or for each MWCunit at the plant, calculated using equation 4 or 5 of 40CFR60.1935(f) ; and (D) The data and results ofany CEM quality assurance testing conducted pursuant to this section

. (3) Except as set forth in subparagraph (D) ofthis subdivision, the MWCowner or operator shall submit an annual report to the commissioner no later than January 30 ofeach year following the calendar year inwhich the data were collected

. [The first annual report shall be submitted no later than January 30 of the first year following the end of the calendar year in which the initial performance test is conducted.] Each annual report shall include the following information:36 (A) Asummary ofdata collected for each pollutant regulated under this section and all applicable parameters, as follows: (i) Alist ofthe particulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride and fugitive ash emission levels achieved during all initial and annual performance tests

. Dioxin/furan emissions shall be reported as required in [subparagraph (B) of] subdivision (1)~B) ofthis subsection, (ii) Alist ofthe highest emission level recorded for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, and particulate matter control device inlet temperature based onthe data recorded for 24-hour daily geometric averages, 24-hour daily [arithmetic] averages, [4-hour block averages] or 4-hour block [arithmetic] averages, as applicable, for the aforementioned pollutants, (iii) The highest six-minute average opacity level measured, (iv) The relationship between carbon dioxide and oxygen, ifsuch relationship is reestablished, including test results, identification ofthe units tested and the date andtime ofeach test run, and, as necessary, a schedule for making the appropriate modifications to the CEM systemto incorporate the equivalent %

C02correction factor, (v) The total number of days that the minimum number of hours ofdata for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, particulate matter control device temperature and, as applicable, carbon mass feed rate were not obtained, and (vi) The total number of hours that data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, particulate matter control device temperature and, as applicable, carbon mass feed rate were excluded fromthe calculation ofaverage emission concentrations or parameters; (B) The information required by subparagraphs (A)(i), (A)(ii) and (A)(iii) ofthis subdivision for the previous calendar year; and (C) The data summaries required by subparagraphs (A) and (B) ofthis subdivision shall highlight any emission or parameter levels that did not achieve the emission or parameter limits specified under this section [; and (D) Ifa MWCowner or operator is subject to more stringent annual reporting requirements pursuant to apermit issued under Title VoftheAct or section 22a174-33 ofthe Regulations ofConnecticut State Agencies, those requirements shall supersede the requirements ofthis subsection]

. (4) At least ninety (90) days before any MWCowner or operator plans to conduct any37

performance test required under this subsection, such owner or operator shall submit a performance test plan for review and written approval ofthe commissioner

. Such plan shall contain, at a minimum, the following information: (A) sampling locations; (B) test methods; (C) sampling protocols; (D) sample analysis procedures; and (E) any other information required by the commissioner

. (5) The MWCowner or operator shall providewritten notification to the commissioner three (3) business days prior to conducting any performance test required under this subsection
. (6) The MWCowner or operator shall providewritten notification to the commissioner within seventy-two (72) hours ofthe time at which such owner or operator receives information regarding performance test results indicating that any particulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride or fugitive ash emission levels exceed the applicable pollutant emission limits or standards defined in this section
. (7) Any report required to be submitted to the commissioner by this section [must] shall include a certificationjsigned by a responsible corporate officer or a duly authorized representative ofsuch officer, as those terms are defined in ] signed in accordance with section [22a-430-3(b)(2)] 22a-174-2a(a)(4) ofthe Regulations ofConnecticut StateAgencies[, and by the individual or individuals responsible for actually preparing such document, each ofwhom shall examine and be familiar with the information submitted in the document and all attachments thereto, and shall make inquiry ofthose individuals responsible for obtaining the information to determine that the information is true, accurate, and complete, and each ofwhom shall certify inwriting as follows:

"I have personally examined and amfamiliar with the information submitted in this document and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry ofthose individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief

. I understand that any false statement made in the submitted information may be punishable as a criminal offense under section 22a-175 ofthe Connecticut General Statutes or, in accordance with section 22a-6 ofthe Connecticut General Statutes, under section 53a-157b ofthe Connecticut General Statutes, and in accordance with any other applicable statute." ]

. (8) The MWCowner or operator shall submit all reports and notifications required by this subsection on forms furnished or prescribed by the commissioner

. (9) The MWCowner or operator shall submit all reports specified under this subsection as a paper copy, with supporting data in either paper or electronic format, postmarked on or before

### 38

the submittal dates specified in this subsection, and maintain such reports at the premises as a paper copy with any supporting data in the format submitted for aperiod offive (5) years from the date ofsubmission to the commissioner

. (m) [Compliance schedule] Duty to Comply

. (1) [The owner or operator of a MWCforwhich construction commenced prior to September 20, 1994 shall achieve final compliance with the applicable emission limits specified in subsections (c) and (f) ofthis section, with the exception ofthe emission limits ofTables 38-1a and 38-3a, no later than December 19, 2000

. (2) The owner or operator ofa MWC for which construction commenced prior to September 20, 1994 shall achieve final compliance with the emission limit specified in Table 38-1a of subsection (c) ofthis section no later than the date thirty-six months following the effective date ofthis section

. (3) The owner or operator ofa MWC for whichconstruction, modification or reconstruction commenced on or after September 20, 1994 shall achieve final compliance with the applicable emission limits specified in subsections (c) and (f) ofthis section, with the exception ofthe emission limits ofTables 38-2a and 38-3a, no later than December 19, 2000 or the date ofinitial operation, whichever is later

. (4) The owner or operator ofa MWCfor which construction, modification or reconstruction commenced on or after September 20, 1994 shall achieve final compliance with the emission limit specified in Table 38-2a ofsubsection (c) ofthis section no later than the date thirty-six months following the effective date ofthis section or the date ofinitial operation, whichever is later

. (5) The owner or operator ofany MWCshall achieve final compliance with the applicable emission limit specified in Table 38-3a ofsubsection (c) ofthis section no later than May l, 2003 or the date ofinitial operation, whichever is later

. (6) ] The owner or operator ofa MWCsubject to this section who is unable to comply with the requirements ofthis section [within the final compliance dates specified inthis subsection shall cease operation

. Within one year ofthe effective date ofthis section such an owner or operator] shall [either immediately cease operation or], at the discretion ofthe commissioner, enter into a legally enforceable cease operation agreement withthe commissioner_ [that includes a date no later than December 19, 2000 on which operation will cease.] The cease operation agreement shall specify a date, no later than oneyear fromthe date that the inability to comply is discovered, by which operations shall cease. [(7) On and after the date oneyear fromthe effective date ofthis section, any MWCthat has been operated in full compliance with all requirements ofthis section for nitrogen oxides shall be exempt fromthe following provisions ofthe Regulations ofConnecticut StateAgencies: (A) Section 22a-174-22(k) concerning nitrogen oxides emissions testing and monitoring; and39

(B) Section 22a-174-22(1) concerning reporting and record keeping for nitrogen oxides

. (8) Any MWCthat is operating in full compliance with all requirements ofthis section for nitrogen oxides, as determined by the commissioner, shall be exempt fromthe May 31, 1999 deadline contained in Section 22a-174-22, subsection (e), subdivision (2) ofthe Regulations of Connecticut State Agencies as ofthe effective date ofthis section .] Nothing inthis section shall limit the commissioner's authority to impose further restrictions or requirements in a permit issued to the owner or operator ofa MWCunit

.
Statement of Purpose: RCSA section 22a-174-38 is based on federal emissions guidelines and new source performance standards (NSPS), which the U .S

. Environmental Protection Agency (EPA) promulgated in 1995

. This amendment serves the primary purpose of updating the regulation, as required by EPA, in accordance with revisions to the large municipal waste combustor emissions guidelines, whichwere promulgated on May 10, 2006 (71 FR 27324)

. In addition, the proposal removes requirements for new municipal waste combustor units, as such requirements are redundant to the independently applicable NSPS; strengthens air pollution control equipment record keeping requirements; exempts units subject to RCSAsection 22a-174- 38 from the requirements of RCSA section 22a-174-22; designates an end to the creation and use of emission reduction credits; and updates the format to the Department's current conventions

.