EXHIBIT C 

Public Participation Documentation 

1 . Certification of public hearing 

2. Identification of the hearing attendees 

3. Summary of written comments and responses 
~, TATE OF CONNECZ _ . . ~UT 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

HEARING CERTIFICATION 

This certifies in accordance with the provisions of Title 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 hearing was held on November 7, 2007 as announced in the notice of 

hearing (copy attached) ; 

2) In accordance with the notice, materials were available for review in each Air 

Quality Control Region (AQCR) in Connecticut; 

3) Copies of the notice were mailed to the directors of the air pollution control 

agencies in New York, New Jersey, Rhode Island and Massachusetts along with a 

copy to the Director of the Air Management Division of Region I of the U.S. 

Environmental Protection Agency; and 

4) The notice of hearing 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 of Air 

(Printed on Recycled Paper) 

79 Elm Street " Hartford, CT 06106 - 5127 

An Equal Opportunity Employer 
November 7, 2007 

Attending Public Hearing on the 

Amendment of RCSA Section 22a-174-38 

Steven E. Yates 

Air Compliance Manager 

Connecticut Resources Recovery Authority 

100 Constitution 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 

HEARING REPORT 

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 of the Department of Environmental Protection 

(Commissioner and Department, respectively) signed a notice of intent to amend section 22a174-38 (Section 38) of the Regulations of Connecticut State Agencies (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 of Section 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 of the Clean Air Act (CAA). 

1. Hearing Report Content 

As required by section 4-168(d) of the Connecticut General Statutes (CGS), this report describes 

the proposal; the principal reasons in support of and in opposition to the proposal; and 

summarizes and responds to all comments on the proposal. A final recommended version of the 

amendment, inclusive of changes recommended in response to comment, is also provided. 

A statement 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 EPA originally promulgated in 1995 to address the air quality impacts of 

municipal waste combustion . Section 38 is approved by EPA as the enforceable mechanism of 

Connecticut's state plan for MWCs under CAA section 129. This amendment serves the primary 

purpose of updating the regulation in accordance with revisions to the large MWC emissions 

guidelines and NSPS, which were promulgated on May 10, 2006 (71 FR 27324) . In addition, the 

proposal removes requirements for new MWC units, 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 Employer 
requirements ; exempts units subject to Section 38 from the 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 of the 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 seek promulgation. 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. 

A detailed discussion of the comments and responses is set out in the next section of this 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/dscm 7% 02, or 85% removal, rather than the revised Subpart Eb/Cb limit of 50 

ug/dscm 7% 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 28 ug/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 of that mercury 

emission limit will be stated within the submission to EPA of a MWC state plan revision 

that includes the final revised text of Section 38. 

Subsection (d), Emission reduction credits 

Comment 2: EPA notes 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 of an 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 ERC use and creation consistent in 

all Department rules. [I] 

Response: EPA correctly identifies an inconsistency in the end to creation and use in this 

proposal versus that of a proposal to amend RCSA section 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 of credits created under Section 38's program are not necessary to the integrity of 

the emission credit program under RCSA section 22a-174-22 . Thus, the Department 

should maintain the proposed end to Section 38's ERC trading program without regard to 
the 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) - Operating practices 

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 apply the 

maximum MWC unit load limit, maximum particulate control device inlet temperature limit and 

minimum carbon feed rate limit to all similar units at a MWC plant when only one MWC unit 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) of this subdivision, if a subsequent 

dioxin/furan test is being performed on only one MWC unit at a MWC plant as provided 

for in subdivision (i)(3), the owner or operator of a MWC plant may elect to apply the 

same maximum particulate control device inlet temperature, maximum MWC unit load 

and minimum carbon feed rate from the tested MWC unit to all the similarly designed 

and operated MWC units at the MWC plant in accordance with 40 CFR 60.58b(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, maximum MWC unit load and minimum carbon feed rate from the tested 

MWC unit to all the similarly designed and operated MWC units at the MWC plant 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 of system performance, testing of new 

technology or diagnostic testing. 

Subsection (h) - Operator training and certification 

Comment 4 : The Department should revise the operator training and staffing requirements of 

subsection (g) to provide additional flexibility, consistent with the May 10, 2006 Federal rule 

revisions (see 40 CFR 60 .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 RCSA section 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 

CFR 60 .54b, which allow the facility to operate temporarily without a certified chief operator or 

shift supervisor under the following scenarios: 1) up to two weeks provided those periods are 

The referenced amendment of RCSA section 22a-174-22 has been suspended for reformulation. 
reported in the annual report, and 2) longer than two weeks if written notification is provided to 

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. Under the second scenario, status reports are required to be submitted every 

four weeks summarizing actions taken to restore certified staff coverage 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 waste facility operator certification and 

training program, asset out in RCSA section 22a-231-1 . See: 

http ://www ct gov/dep/cwp/view asp?a=2718&cL325466&depNav GID=1646 That regulation sets 

the standards for the Department's training and certification of MWC personnel. 

Subsection (c) of RCSA section 22a-231-1 specifies on-site supervision requirements for 

certified chief operators and shift operators, restrictions on operation of a facility after the 

loss of services of a chief operator and notification requirements for replacement or loss 

of certified operators. Any revisions to the requirements of RCSA section 22a-231-1 

would be made to improve the Department's solid waste training program and would 

require a public notice, hearing and comment process in full satisfaction of chapter 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 of air 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 if equipment is operated properly and as most of the 

permits issued to Connecticut MWC owners 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 of subsection (k)(12) should be modified to some extent in response to 

comment. See the response to comment 9 for 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 MWC state plan submissions and revisions, the 

Department will not request approval of requirements that are more stringent than the 

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 of the 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 of Least Resistance . This theme is a reminder to the Department to 

take action based on environmental outcomes. A key component of this theme is a focus 

on strong enforcement and compliance, and the proposed record keeping requirements 

are entirely consistent with the theme. The requirements not only provide regulatory 

certainty and consistency but also enhance the Department's ability to verify proper 

operation of air 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 of emissions 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 of this 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 of ammonia exceeded the fifteen-ton per year regulatory limit. By 

requiring the monitoring and recording of such 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 other than air pollutant emissions data: 

" Individual air permits to construct/Title V and/or solid waste permits already 

incorporate facility-specific air pollution control device operating parametermonitoring requirements based on the permitting engineer's understanding of device 

design and operation; the Department permitting engineer is best able to determine 

which air 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 of the proper functioning of air pollution control equipment is a 

direct measurement of whether, and to what extent, the equipment reduces pollution. 

No other indications are relevant, particularly as other parameters vary with changes 

in the level of uncontrolled 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 of data 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 stack testing, air pollution control device operating parameters are a useful 

indication of whether or not such pollutants are continuing to be emitted at levels below 

emissions limits during the bulk of the operating time when such pollutants are not 

directly measured. Of course, 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. 

Air pollution 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 

concern at 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 of the Department to include facility-specific air pollution control device 

operating parameter-monitoring requirements in MWC operating permits. Thus, at this 

time, the Department should not include the requirements of subparagraph (D) in the final 

text of this 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 of Section 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 MWC unit, the following records of air pollution control device 

operation 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 ; 

(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 MWC unit in 

kilograms or pounds for each calendar quarter; ~ . 

eaeh hour- of operation. 

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 of air 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 for those MWC units 

that do not have defined and carefully considered requirements already in permits and would not 

create a new unnecessary record keeping burden for plants 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 MWC operating 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 MWC units 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 and fuel usage rates 

Comment 11 . Subsection (k)(13) requires recording of daily charge rates, daily fuel usage rates 

and daily hours of operation as well as recording of charge and fuel usage rates as fired during 

each test run for each MWC unit. The Department should delete subsection (k)(13) as it is not 

required by the federal rule update, and the Department has not provided any justification 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 waste fed to the boiler . [4, 5] A MWC 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 the variations in the fuel . [5] 

" Unlike incinerators fueled by a homogeneous fuel, air emissions from MWCs are not as 

tightly correlated with charge rate, since municipal solid waste has a variable content of 

combustible versus non-combustible materials and materials of varying heat production . 

[4] 

" EPA recognized that daily charge rate data for MWCs is not useful when it exempted the 

MWCs from the requirements of 40 CFR 60 Subpart E in the May 10, 2006 Federal rule 

revisions. [4] 

" Steam flow or feed water flow are better indicators of short-term firing rates than are 

charge rates. Federal regulations and Section 38 require continuous hourly monitoring of 

this parameter. [2, 3, 4, 5] 

" From its NSR permitting process, CRRA understands that the Department is interested in 

short-term charge rates to prevent too much waste from being processed; steam 

production rates are not an adequate substitute for short-term charge rates if the heat 

transfer surfaces are fouled . As a result, rather than short-term charge rate data, CRRA's 

permit for the Mid-Connecticut facility requires monitoring and cleaning of the heat 

transfer surfaces at least two times per year. [4] 

" Subsection (k)(13) requires record keeping that is redundant to existing information. 

Hours of operation and auxiliary fossil fuel usage rates are recorded for other purposes, 

although fuel usage rates are not necessarily recorded daily. [4] 

" Individual permits and Title V permits 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 of the 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 no justification for inclusion of the 

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 50 tons per day were required by Federal regulation to record daily charging 

rates and hours of operation. See 40 CFR 60.53 Subpart E, Standards of performance for 

incinerators . The May 10, 2006 Federal rulemaking that updated the NSPS and 
emissions guidelines for MWCs eliminated the owners of MWCs from the requirement to 

comply with 40 CFR 60 Subpart E. Therefore, proposed subdivision (13) in part merely 

retains pre-existing federal requirements . 

However, just as EPA eliminated MWC owners and operators from 40 CFR 60 Subpart 

E, and given the apparent burden that such record keeping has created for the MWC 

owners and operators, the Department will accept records of steam 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 MWC is charged and operated properly. 

To increase the value of the steam production rate data as well as other operating 

parameter data, the Department should maintain the proposed record keeping for daily 

hours of operation and auxiliary fuel use. Most MWC operating permits now include 

similar requirements, and the MWC owners and operators must maintain such 

information to serve other purposes (e.g., hours of operation are necessary to determine 

compliance with CEM data availability requirements). Thus, specific requirements for 

recording hours of operation 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 MWC facilities are operated properly. 

The final version of Section 38 should clearly state the daily record keeping requirements 

for each unit by including the following version of subsection (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 MWC charge 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 MWC charging 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 MWC plants that do not have defined and carefully considered requirements already in 

permits, yet would not create a new unnecessary record keeping and enforcement exposure 

burden for plants with already established requirements. [2, 3] 

Response: Given the recommendation not to proceed with the addition of short-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 

of this report, the Hearing Officer recommends the following minor revisions also be included in 

the final version of Section 38. The revisions identified below improve the consistency and 

clarity of the section without revising the meaning or effect of Section 38's requirements . 

" In the title of Table 38-1, the phrase "for existing MWCs" should be eliminated as it is 

not necessary and is not defined. As a result, the title of Table 38-1 should read as 

follows: 

Table 38-1 . Air Pollutant Emission Limits for- Existing M3A'Cs [for which 

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) of subsection (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 in the 

eponymous subsection . The deletion of subsection (c)(13) should appear as follows in 

the final text of Section 44: 

(13) [During the operation of a MWC unit, the carbon injection system operating 

parameter(s) that are the primary indicator(s) of the 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) of this section, based on a 24-hour daily average.] 

Reserved. 

While the proposed version of Section 38 made changes to eliminate the use of the 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," as 
11 

proposed, but only the word "arithmetic" so that the word "block" is retained and 

the definitions read as follows : 

[(13)] LU4 "Maximum demonstrated municipal waste combustor unit load" 

means the highest 4-hour { block ar-ithmetie ] average municipal waste combustor 

unit load achieved during four consecutive hours of operation . . . 

[(14)] 15 "Maximum demonstrated 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 of operation . . . 

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 of the phrase "4-hour average" should be 

eliminated from the term "maximum demonstrated 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 ten percent (110 %) of the 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 of Connecticut 

State Agencies" 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 the Attorney General and the Legislative Regulations Review 

Committee. Based upon the same considerations, I also recommend that upon promulgation the 

amendment be submitted to EPA as a revision to the state plan for large and small MWCs. 

March 27, 200_8 

/s/ Merrily A. Gere Date 

Hearing Officer 
ATTACHMENT 1 

Federal Standards Analysis Pursuant to Section 22a-6(h) of the General Statutes 

This information is provided in satisfaction of the requirements of C.G.S . section 22a-6(h) in the 

matter of the proposed 2007 amendment of section 22a-174-38 (Section 38) of the 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 2006 rule revision ; 

" Revisions to the averaging time for measuring the performance of a carbon injection 

system to an 8-hour block average and a corresponding addition of a definition of "8-hour 

block average;" 

" The deletion of all 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 of such 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 and the minimum data requirements; and 

" The addition of a method to calculate nitrogen oxide and sulfur oxide emissions during 

the loss of boiler 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 of the original state rule adoption and have been rendered unnecessary by 

passage of time; 

" The inclusion of a new record keeping requirement concerning air pollution control 

equipment parameters. Such a requirement is generally included in the MWC operating 

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 of an end date for the creation and use of emissions 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 of Air Management 
ATTACHMENT 2 

Proposed Amendment of RCSA Section 22a-174-38 
DRAFT - AUGUST 27, 2u07 

Section 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 of this 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 who is in direct charge of the operation of a municipal 

waste combustor plant and who is responsible for overall on-site supervision, technical direction, 

management and performance of the 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 of which 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 of waste disposal, energy production or providing heat to the combustion 

system in preparation for waste disposal or energy production . Continuous burning does not include 

the use of municipal solid waste solely to provide thermal protection of the 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 of any pollutant from a MWC unit. 

(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 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 three 8-hour periods of time: 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 of combustion gas [volumes] volume to heat 

[inputs] input either unit-specific or as defined in 40 CFR 60, 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 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] of time : midnight to 4 a.m.[,] i 4 a.m. to 8 a.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 from no 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 

air pollution control equipment, process equipment or a process to operate in a normal or usual 

manner. A failure 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,) "Maximum demonstrated municipal waste combustor unit load" means the highest 4-

hour [block arithmetic] average municipal waste combustor unit load achieved during four consecutive 

hours of operation 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) of this 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 of operation 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) of this section. 

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

[(16)] 17 "Modification" means "modification or modified municipal waste combustor unit" as 

defined in 40 CFR 60.51 b. 

[(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 

any part or activity of any 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 of tires. 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 of air 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 MWC unit. 

[(24)] t25) "Ozone season" means the period of any calendar year beginning on May 1 and ending 

on September 30. 

[(25)] tL6) "Premises" means the grouping of all stationary sources at any one location and owned 

by or under the control of the 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 MWC that 

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 of the operation of a shift 

of a municipal waste combustor plant and who is responsible for on-site supervision, technical 

direction, management and overall performance of the plant during a shift. 

[(31)] 32 "Shutdown period" means the period of time 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 from thirty-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 of time commencing when a municipal waste 

combustor begins the continuous burning of municipal solid waste, exclusive of any warmup period 

when a municipal waste combustor is combusting fossil fuel or other nonmunicipal solid waste fuel, 

and no municipal solid waste is being fed to the combustor. 

[(35)] 36 "Total mass" or "total mass dioxin/furan" means the total mass of tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans, as determined using EPA Reference Method 23 and 

the procedures specified under subsection (i)(4) of this 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-hour period 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, corrected to 7% OZ or 

equivalent percent COZ; 

[Ehj] A = [hourly] arithmetic average pollutant concentration or hour ' corrected to 

7% 02 or equivalent percent C02; 

n = total number of hourly averages for which pollutant concentrations are 

available within the 24 hour midnight to midnight daily period; 

In = the natural log [of the 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) of the combustor. 

(b) Applicability. 
DRAFT - AUGUST 27, 2v07 

(1) This section shall apply to the owner or operator of any municipal waste combustor[.] excep t 

for a MWC unit that meets the conditions of either subparagraph (A) or (B) of this subdivision: 

The unit is subject to 40 CFR 60 Subpart Eb and the owner has obtained for that unit a 

permit issued under section 22a-174-3a of the Regulations of Connecticut State 

Agencies, which permit contains emission limits at least as stringent as those stated in 

subsection (c) of this section for sulfur oxides and mercury; or 

~B,) The unit is subject to 40 CFR 60 Subpart AAAA and the owner has obtained for that 

unit a permit issued under section 22a-174-3a of the Regulations of Connecticut State 

Agencies, which permit contains emission limits at least as stringent as those stated in 

subsection (c) of this section for sulfur oxides and mercury. 

(2) A physical or operational change including installation of control 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 of any municipal waste combustor required to have a permit under 

section 3005 of the Solid Waste Disposal Act (42 U.S .C.A. section 6925) is not subject to this 

section for the operation of such unit. 

(4) The owner or operator of any 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 of a cement [kilns] kiln firing municipal 

solid waste is not subject to this section for the operation of such unit . 

The owner or operator of any cofired combustor is not subject to this section provided such 

owner or operator : 

(A) Notifies the commissioner in writing prior to the compliance date indicated in 

subsection (m) of this 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, if the 

cofired combustor is a unit for which construction commences after the effective date 

of this section; 

(B) Provides the commissioner with a copy of the federally enforceable permit limiting the 

unit to combusting a fuel feed stream, thirty percent (30%) or less of the weight of 

which is composed, in the aggregate, of municipal 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 of all other fuels combusted at the cofired 

combustor; and 

(D) Maintains the records required by subparagraph (C) of this subdivision at the premises 

for a period of five (5) years from the date of the record's creation and makes such 

records available to the commissioner or administrator upon request.] 

The owner or operator of a municipal waste combustor unit to which this section applies shall 

not be subj,ect to section 22a-174-22 of the Regulations of Connecticut State Agencies for such 

unit . 

(c) Emission limits . 

(1) [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 38-1 [and 38-1a] of this 

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,~ of this 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)(D of this 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)(D of this 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)Q of this 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 of this 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) of this 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) of subsection (c) of this section 

(2) [On and after the date specified in subsection (m) of this section, no owner or operator of a 

municipal waste combustor for which construction, modification or reconstruction commenced 

on or after September 20, 1994 shall cause or allow the emission of any air pollutant in excess 

of the applicable emission limit identified in Tables 38-2 and 38-2a of this 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 .020 mg/dscm 

Lead (Pb) 0.20 mg/dscm 

Mercury (Hg) 0.080 mg/dscm, or 85% reduction by weight 

measured as required by subdivision (7) of 

subsection (c) of this section 

Sulfur dioxide (S02) 29 ppmvd, or 80% reduction by weight or 

volume measured as required by subdivision (7) 

of subsection (c) of this section 

Hydrogen chloride (HCl) 25 ppmvd, or 95% reduction by weight or 

volume measured as required by subdivision (7) 

of subsection (c) of this section 

Dioxin/furan 13 ng/dscm total mass 

Opacity 10% 

Reconstruction Commenced on or after September 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) of this 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) of this section. 

(4) Continuous compliance with the sulfur dioxide emission limits contained herein shall be based 

on a 24-hour daily geometric average of the hourly arithmetic average emission concentrations 

using CEM system outlet data if compliance is based on an emission concentration, or CEM 

system inlet and outlet data if compliance 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 

a percent reduction by weight or a percent reduction by volume, compliance shall be 

determined by measuring the concentration of air pollutant at the outlet of the air pollution 

control device that discharges directly to the stack, subtracting it from the concentration at the 

inlet of the air pollution control device that receives exhaust gases directly from the 

combustion chamber, dividing the difference by the concentration of air pollutant at the inlet to 

the air pollution control device that receives exhaust gases directly from the combustion 

chamber and then multiplying that result by a factor of one-hundred (100). 

(8) [On and after the date specified in subsection (m) of this section, no] No owner or 

operator of a municipal waste combustor shall cause or allow the emission of nitrogen oxides 

(NOx) in excess of the applicable emission limit identified in [Tables] Table 38-3, [and 38-3a] 

of this 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) of this 

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 180 for the one-year period II 

commenced after September 20, 1994 beginning on the date of 

completion of the initial 

performance test required by 

this section, and 

150 for that period of time 

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) of this 

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 of the initial 

performance test required by 

this section, and 

150 for that period of time 

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) of this section, no] No owner or operator of a 

municipal waste combustor unit subject to this section shall cause or allow an emission of 

carbon monoxide in excess of the applicable emission limit identified in Table 38-4 of this 

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 of this section shall apply at all times except 

during periods of startup, shutdown or malfunction as provided in this subdivision: 

13 

(A) [The] For determining compliance with an applicable carbon monoxide emissions limit, 

if a loss of boiler water level control or a loss of combustion air control is determined to 

be a malfunction, the duration of the malfunction period shall be limited to fifteen (15) 

hours per occurrence . Otherwise, the duration of each startup, shutdown or malfunction 

period shall be limited to three hours per occurrence for all MWC units; 

(B) For the purpose of compliance 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, if a 

loss of boiler water level control or a loss of combustion air control is determined to be 

a malfunction, the duration of the malfunction period shall be limited to fifteen (15) 

hours per occurrence.] During periods of startuu shutdown or malfunction, monitoring 

data shall be excluded from calculations of compliance with the emission limits and 

operating requirements of this subdivision but shall be recorded and reported in 

accordance with subdivisions (k) and (l) of this 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 to justify a 

correction to an equivalent percent carbon dioxide (% C02) and receives the commissioner's 

written approval. If the owner or operator of a MWC seeks to use an equivalent % C02, the 

owner or operator must demonstrate the relationship between OZ and C02 levels as specified in 

[subparagraph (J) of subdivision (4) of] subsection (i)(4)(J) of this section and submit a written 

report to the commissioner summarizing the results of the demonstration. This relationship 

may be reestablished during any performance test conducted pursuant to subsection (i) of this 

section. 

(13) During the operation of a MWC unit, the carbon injection system operating parameter(s) that 

are the primary indicator(s) of the 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) 

of this section, based on [a 24-hour daily] an 8-hour block average . 

(14) Notwithstanding [subparagraphs (D), (E) and (F) of subdivision (4) of] subsection (i) 4 D 

through (F) of this section, for the purpose of submitting compliance certifications or for the 

purpose of the commissioner establishing whether the owner or operator has violated or is in 

violation of any emission limit or standard in this subdivision, nothing shall preclude the 

commissioner's use, including the exclusive use, of any appropriate performance test results, 

credible evidence or information relevant to demonstrating compliance with the applicable 

requirements of this section. 

(15) Notwithstanding subdivision (12) of this subsection, the owner or operator of a 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 of a MWC unit 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) of this section, subject to 

the limitations described in this subsection for the NOx emissions trading program. 

(2) The owner or operator of a 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) of this section; and 

(B) Such owner or operator may create ERCs in accordance with the requirements of this 

subsection if actual NOx emissions from a unit are lower than the applicable NOx 

emission limits in subsection (c) of this section and lower than any applicable NOx 

Trading Baseline . 

(3) For inclusion in the NOx emissions trading program, an owner or operator of a 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) A formal request to participate in the NOx trading program; 

(B) A NOx Trading 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) of subsection (c) 

of this section) is higher than the applicable NOx limit set forth in subsection (c) 

of this 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% OZ or 

ppmv @ an equivalent % C02, as specified in subdivision (12) of subsection (c) 

of this section) is lower than the applicable NOx limit set forth in subsection (c) 

of this section and such lower average concentration is the result of installation 

of control equipment or modification of a MWC unit solely for the purposes of 

meeting the requirements of this regulation or section 22a-174-22 of the 

Regulations of Connecticut State Agencies, then the applicable NOx limit of 

subsection (c) of this 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 of the requirements of this 

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) of this section) is lower than the applicable NOx limit set forth in 

subsection (c) of this section, then a NOx Trading Baseline shall be established 

based on the historical actual twenty-four hour daily NOx average; 

(C) A detailed 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,) of this subsection, of the 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 of a municipal waste combustor unit participating in the MWC NOx 

emissions trading program shall use the following methodology to determine on a daily basis the 

quantity of ERCs created or used : 

(A) Calculate NOx Daily Average 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 greater than the applicable NOx limit of 

[subdivision (8) ofJ subsection (c)(n of this 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 of this section but greater than the NOx Trading 

Baseline, then ERCs shall neither be used nor created; 

(D) If the NOx Daily Average 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 Daily Average Concentration - (0.95 x applicable NOx limit of 

subdivision (8) of subsection (c) of this section)] 

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 Daily Averaging Period] 
DRAFT - AUGUST 27, 2vU7 

lbs ERCs used = 

[NOx Daily Average Concentration - (0.95 x applicable NOx limit of 

subsection (c)(8) of this section)] 

x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] 

x [Daily Heat Input Rate Averag-e] 

x f# of Actual Operating Hours in the Daily Averaging 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 Daily Averaging Period] 

x [0 .85] 

17 

where: 

NOx Daily Average Concentration: Average of all valid hourly NOx values (ppmvd 

@ 7% 02 or ppmv @ an equivalent % C02) recorded during the Daily Averaging 

Period. 

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

Diluent Correction: If 02 is 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 in the units of dscf/mmBTU. If COz is 

used as the diluent, then fc is in the units of scf/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 of all valid hourly Heat Input Rate values 

(mmBTU/hr) recorded during the Daily Averaging Period . 

Daily Averaging Period: The total of all 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% 

of maximum rated capacity . 

NOx Trading 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) of this section or, if the historical actual daily 

average concentration is less than the applicable NOx limit of [subdivision (8) of ] 

subsection (c)(n of this section, the value established by the commissioner (ppmvd @ 

7% 02 or ppmv @ an equivalent % C02) . 

0.85: This factor represents 10% ERC retirement 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 a manner 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 MWC owner or operator seeking to create ERCs pursuant to this subsection shall: 

(A) In accordance with subsection (k) of this 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 request to the commissioner for approval of ERCs created prior to the 

use, sale or transfer of such ERCs. Such request shall include the following minimum 

information: 

(i) the monthly operating reports of actual fuel use in mmBTU, 

(ii) the daily actual NOx mass emissions and NOx concentrations (24-hour 

average), 

(iii) the number of valid data hours in each 24-hour period for which approval is 

requested, 

(iv) the number of operating hours per day, and 

(v) the quantity of ERCs created[ .] ; and 

(C) Create all such ERCs prior to January 1, 2009 . 

(6) Any MWC owner or operator intending to use ERCs pursuant to this subsection shall : 

(A) No later than the first day of each calendar month, calculate, in tons, ERCs per month 

for each MWC unit, the projected maximum number of ERCs required for that calendar 

month using the formulas provided in [subparagraph (E) of] subdivision (4)Q of this 

subsection ; 

(B) No later than the first day of each calendar month, acquire a sufficient number of ERCs 

approved by the commissioner to match the quantity needed as determined according to 

subparagraph (A) of this subdivision. The quantity needed may be satisfied with 

unused ERCs created or acquired in previous months, subject to the restrictions of 

subparagraph (D) of this subdivision. Credits to be used during the ozone season must 

have been generated during the ozone season ; 

(C) No later than the twentieth day of each 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 ERC generator 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) of this section shall have been created within the two 

calendar years preceding the year of such ERC use; 

(F) On and after May 1, 2001, any ERCs used to meet the emission limits contained herein 

shall have been created on or after May 1, 1999; ] 

[(G)] Q An ERC used to meet the emission limits contained herein shall have been 

created within the five calendar years preceding the year of such ERC use; and 

[(H)] F~ For the purposes of [subparagraphs] subparagraph (E) [through (G)] of this 

subdivision, an ERC is considered created in the same calendar year the NOx emission 

reduction occurs at a plant or source . 

(7) No later than March 1 of each year, the MWC owner or operator shall provide to the 

commissioner a report containing the following information: 

(A) A record for the previous calendar year of each use, sale or other transfer of any and all 

of the ERCs created in accordance with this subsection ; and 

(B) A record for the previous calendar year of actual NOx emissions from the facility and 

each MWC unit, 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 of this subsection shall conform to the provisions 

of the U.S . Environmental Protection Agency's "Economic Incentive Program Rules," 40 CFR [Part] 

51, Subpart U. 

(10) Any emission reductions under this subsection for the purposes of ERC creation shall [be] : 

(A) [Calculated] Be calculated in a reliable and replicable manner; and 

(B) Not be a reduction required by any provision of the 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) of this subsection. 
DRAFT - AUGUST 27, 2007 20 

(11) It shall be a violation of this section if the calculation specified by [subparagraph (C) of] 

subdivision (6)(C) this subsection demonstrates that any MWC owner or operator did not hold or 

acquire a sufficient number of ERCs to comply with the NOx emission limits contained herein. In 

addition, the MWC owner or operator shall acquire additional ERCs in an amount equal to three (3) 

ERCs for every one (1) ERC needed for compliance, had the ERCs been held or acquired at the time 

specified in [subparagraph (B) ofJ subdivision (6)ffl) of this subsection . The additional ERCs shall be 

acquired on or before the last day of the calendar month in which the calculation specified by 

[subparagraph (C) ofJ subdivision (6)(C) of this subsection is performed. Nothing herein shall 

preclude the commissioner from taking 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) of this section, no] No owner or operator of a 

municipal waste combustor plant shall cause to be discharged to the atmosphere visible emissions of 

combustion ash from an ash conveying system, including conveyor transfer points, in excess of five 

percent (5 %) of the observation period (i .e ., nine (9) minutes per three-hour period), as specified in 

[subparagraph (I) of subdivision (4) of] subsection (i)fAI) of this section. 

(2) The emission limit specified in subdivision (1) of this subsection does not cover visible 

emissions discharged inside buildings or within enclosures of ash conveying systems; however, the 

emission limit specified in subdivision (1) of this subsection does cover visible emissions discharged 

to the atmosphere from buildings or enclosures of ash conveying systems. 

(3) The provisions specified in subdivision (1) of this subsection do not apply during maintenance 

and repair of ash conveying systems, however, all reasonable measures to control fugitive emissions 

on such occasions shall be implemented. 

(g) Operating practices. 

(1) No owner or operator of a 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 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 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 ten percent (110 %) of the 

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) of this subsection, during 

the annual dioxin/furan emissions performance test and for two (2) weeks prior to such test, allow 

temperatures in excess of that specified in subdivision (1,) of this subsection and municipal waste 

combustor unit load limits in excess of that specified in subdivision (2) of this 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 of the 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 allow evaluation of system performance, 

testing of new 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 of system 

performance, testing of new technology or control technologies or diagnostic testing. 

22 

(5) During the operation of a MWC unit, the carbon injection system operating parameter(s) that is 

the primary indicator(s) of the 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) of this section[, based on a 24-hour 

arithmetic average] . 

(h) Operator training and certification. 

(1) No owner or operator of a municipal waste combustor plant shall cause or allow such plant to 

be operated at any time unless a certified chief operator 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 

of Connecticut State Agencies and shall be identified as either a Class I or Class lI chief operator or a 

Class I or Class 11 shift operator. 

(3) [All] Within six (6) months of the date of employment, all chief operators and shift operators 

must satisfactorily complete an operator training course conducted by the commissioner [no later than 

180 days following the effective date of this section or the date six months after the date of plant 

startup, whichever is later. Chief operators and shift operators hired after this time must satisfactorily 

complete such course within six (6) months of the date of employment] . 

(4) [No later than one year after the effective date of this 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 of this 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) A summary of the applicable emission limits and operational requirements ; 

(B) A description 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 of a municipal waste combustor plant shall establish a training program 

to review the Municipal Waste Combustor Operating & Maintenance Manual with each person who 

has responsibilities affecting the operation of a MWC plant 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 with the job positions identified in this subdivision prior to each 

new employee's assumption of any responsibilities at a MWC plant. [The owner or operator shall train 

those who presently are employed in the job positions identified in this subdivision within one year 

after the effective date of this section.] Following initial training, the training program shall be 

repeated on an annual basis for each person identified in this subdivision. 

(6) The Operating & Maintenance Manual shall be kept in a location readily accessible to all 

persons identified in subdivision (5) of this subsection and shall be available for inspection by the 

commissioner or Administrator upon request. 

(i) Performance testing. 

(1) [Each MWC owner 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 180 days after the final 

compliance date identified in subsection (m) of this 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 of a 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) of this subsection, upon demonstration for two (2) consecutive 

years that the dioxin/furan emission levels from all units at a MWC plant for which construction 

commenced prior to September 20, 1994 are less than fifteen (15) ng/dscm total 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 MWC owner or operator shall only be required to 

conduct performance testing for dioxin/furan on one unit at that MWC plant. 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 of election 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 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 MWC owner or operator shall resume testing of all units at the MWC plant 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 of this 

subdivision, at which time the owner/operator may resume testing in accordance with this subdivision. 

(4) Each MWC owner 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 CFR 60, 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 29 test 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 29 test run, the minimum sample time shall 

be two (2) hours, 

(iv) 40 CFR 60, 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 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 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 29 test run for 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 of sampling 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 29 test run for mercury required under this section, 

The minimum sample time shall be two (2) hours per each Method 29 test 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 of the 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 of emission concentrations or percent reductions determined using all 

data generated in a minimum of at 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)(D of this section; 

(E) Compliance with the nitrogen oxide emission limit shall be determined by using the 

CEM system specified in [subdivision (1) of] subsection (j)(1,) of this section; 

(F) Compliance with the carbon monoxide emission limit shall be determined by using the 

CEM system specified in [subdivision (1) of] subsection (j)(D of this 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 26 test run for hydrogen chloride required by this section, 

(iii) The percent reduction in potential hydrogen chloride emissions (% PHCI) shall 

be computed using the following equation: 

1 0 OPHO 01 

Ei - Eo) 

0/ Ei 

X 100 

where: 

YoPHCI = percent reduction of the 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 of emission 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 of sampling 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 of three (3) one-hour 

observations, and 

(iii) The observation period shall include representative operational times when the 

facility is transferring ash from the 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 : 

C02 Correction factor = 

13.9 

, x C02 measured 

(20.9 - QZ measured) 

, and 

28 

(iii) Calculation of a unit-specific equivalent C02 correction factor shall be the 

arithmetic mean of the result obtained from the three (3) test runs and the 

calculation of the COZ correction factor for each test run pursuant to subparagraph 

(J)(ii) of this 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 system being 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 of a 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) of this section for 

opacity, sulfur dioxide (S02), S02 reduction efficiency, nitrogen oxides (NOx) and carbon monoxide 

[(CO)] shall be determined based on continuous emission monitoring system data. [No later than the 

applicable compliance date specified in subsection (m) of this section, the] The owner or operator of a 

municipal waste combustor shall install, operate and calibrate such continuous emission monitoring 

system in a manner acceptable to the commissioner and certify to the commissioner, in writing, that 

the equipment specifications for the continuous emission monitoring system have 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 and the oxygen or carbon dioxide content of the flue gas at each location where 

carbon dioxide, sulfur dioxide or nitrogen oxide emissions are monitored, and, if activated 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 40 CFR 60.13; 

(B) 02 and C02 monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 3 ; 40 CFR 60, 

Appendix F, Procedure l ; and 40 CFR 60.13; 

(C) S02 monitors shall_ 

[meet] Meet the applicable performance and quality assurance requirements of 

40 CFR 60, Appendix B, Performance Specification 2; 40 CFR 60, Appendix F, 

Procedure 1 ; and 40 CFR 60.13[ ;] , and 

ii 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 20 percent of the mean value of the 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 and the continuous emission 

monitoring systems, . whichever is greater; 

(D) NOx monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 2; 40 CFR 60, 

Appendix F, Procedure 1 ; and 40 CFR 60.13 ; 

(E) Carbon monoxide monitors shall- 

(i) [meet] Meet the applicable performance and quality assurance requirements of 

40 CFR 60, Appendix B, Performance Specification 4 or 4A (as applicable); 40 

CFR 60, 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 of five ppmdv is calculated as the absolute value of the mean 

difference between the reference method and the CEM system; 

(F) Continuous monitoring systems for MWC unit load shall meet the requirements of 40 

CFR 60.1810(a) ; and 

(G) If activated carbon is used to control dioxin/furan or mercury emissions[,] _ 

(i) [monitoring] Monitoring of the carbon feed rate shall meet the requirements of 

40 CFR 60.1820, and 

ii Pneumatic injection pressure or another carbon injection system operational 

indicator shall be used to provide additional verification of proper carbon 
DRAFT - AUGUST 27, 2007 30 

injection system operation The operational indicator shall provide an 

instantaneous visual and/or audible alarm to alert the operator of a potential 

interru2tion in the carbon feed that would not normally be indicated by direct 

monitoring of carbon mass feed rate (e.g . continuous weight loss feeder) or 

monitoring of the carbon system operating parameter(s) that are the indicator(s) 

of the carbon mass feed rate (e .g . feeder speed) . The carbon iniection 

system operational indicator used to provide additional verification of carbon 

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 MWC owner 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 ninetyfive percent (95%) of the total operating hours in any one calendar year; 

(B) Data available for opacity CEMs shall not be less than ninety-five percent (95%) of the 

total operating hours in any one calendar quarter; 

(C) Obtain valid 1-hour averages for seventy-five percent (75%) of the operating hours per 

day for ninety percent (90%) of the 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) of this section in the 

event of failure to obtain the minimum data required by subparagraphs (A) and (B) of 

this subdivision; and 

(F) The percentage of data 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 from a CEM to calculate emissions concentrations and 

percent reductions as required by this section regardless of whether the 

minimum data availability requirements of subparagraphs (A) and (B) of this 

subdivision are obtained. 

[(3) The mean difference criteria evaluation specified in 40 CFR 60, Appendix B, Performance 

Specification 4A shall be performed on the diluent corrected emission concentration values using the 

following equation: 

Mean difference= I d I + ~ cc I < S ppm 

where, I d I = absolute value of the mean of the differences 
DRAFT - AUGUST 279 NO 31 

I cc I = the confidence coefficient ] 

During a loss of boiler water level control or a loss of combustion air control malfunction 

period, a diluent cap of fourteen 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 of a municipal waste combustor shall maintain records of the 

information specified in subdivisions (2) through [(11)] LL31of this subsection, as applicable, labeling 

each record with the time and calendar date on which the data was generated. Each record shall be 

maintained for a period of at least five (5) years from the 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 chief operators and shift operators, certified by the commissioner, and 

employed at the plant, including the dates of initial and renewal certifications and 

documentation of current certification; 

(B) The names of the chief operators and shift operators who have completed an operator 

training course as required under [subdivision (3) of] subsection (h),(3) of this section; 

and 

(C) The names of the persons at the plant who have completed a training program as 

required under [subdivision (5) of] subsection (h)(5) of this 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 of the average emission concentrations, percent reductions, 

operating parameters or opacity levels recorded under subdivisions (3) or (4) of this subsection are 

above the applicable limit shall be identified . The reasons for such exceedances, a description of 

corrective actions taken and a description of the measures taken to prevent future exceedances shall 

also be recorded. 

32 

(6) The calendar dates for which the minimum number of hours of any of the data required by this 

section have not been obtained shall be identified, the reasons for not obtaining sufficient data, a 

description of corrective actions taken and a description of the measures taken to prevent future losses 

of data. 

(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 from the calculation of average 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 documenting the results of an 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 if established 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 if the 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 of the 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 of the 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 of the average carbon mass feed rate, measured in kilograms per hour or 

pounds per hour, for each hour of operation, with supporting calculations ; 

(D) For each calendar quarter, estimates of the total carbon usage for each MWC unit in 

kilograms or pounds for each calendar quarter by two independent methods, according 

to the procedures specified below: 

(i) For each MWC unit, estimate the weight of carbon delivered, and 

(ii) For each MWC unit, estimate the average carbon mass feed rate in kilograms 

per hour or pounds per hour for each hour of operation based on the parameters 

specified under [subparagraph (K) of subdivision ] subsection (i)(4)LK) of this 

section, and sum the results for the total number of hours of operation during the 

calendar quarter; 

(E) Carbon injection system operating parameter data for the parameter(s) that are the 

primary indicator(s) of carbon feed rate (e.g ., screw feeder speed) ; and 

(F) The times and calendar dates when average carbon mass feed rates were less than either 

of the hourly carbon feed rates estimated during mercury or dioxin/furan emissions 

tests. The reasons for such feed rates and a description of corrective actions taken shall 

also be recorded. 

12 For each MWC unit, 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 each reagent, the feed rate to the air pollution control device, measured in 

kilogams per hour or pounds per hour, for each hour of operation, with supporting 

calculations ; 
DRAFT - AUGUST 27, 2007 v 

For each calendar quarter, total reagent usage for each MWC unit 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 of the 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 of operation shall be 

recorded daily for each MWC unit. Charge and fuel usage rates shall be recorded as fired during each 

test run for each MWC unit . 

(0 Reporting requirements. 

(1) [The MWC owner or operator shall submit an initial performance test report to the 

commissioner within sixty (60) days after the date of completion of the initial performance test as 

specified in subsection (i) of this 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/dscm total 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) of the Regulations of Connecticut State 

Agencies; 

(C) The performance evaluation for the continuous emission monitoring system using 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) of this section, the owner or operator shall 

submit the results of the tests establishing the relationship, including test results, 
DRAFT - AUGUST 27, 2uO7 

identification of the unit test, the date and time of each test run, and, as necessary, a 

schedule for making the appropriate modifications to the CEM system to incorporate 

the equivalent % COZ correction 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) of this 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 MWC unit, [The] _the MWC owner or operator shall submit a quarterly report to the 

commissioner within thirty (30) days following the end of each calendar quarter in which the data 

were collected. [The first quarterly report shall be submitted within thirty (30) days following the end 

of the 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 of the corrective actions taken; 

(C) For MWCs equipped with activated carbon injection systems for mercury or 

dioxin/furan emissions control, the following information: 

(i) Identification of the calendar dates during the calendar quarter reported when 

average carbon mass feed rates were less than either of the 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 taken shall also be reported, 

(ii) The total carbon purchased for and delivered to the MWC plant or purchased for 

and delivered to each MWC unit for the reported calendar quarter, and 

(iii) The required usage of carbon for the reported calendar quarter for the MWC 

plant or for each MWC unit at the plant, calculated using equation 4 or 5 of 40 

CFR 60.1935(f); and 

(D) The data and results of any CEM quality assurance testing conducted pursuant to this 

section. 

(3) Except as set forth in subparagraph (D) of this subdivision, the MWC owner or operator shall 

submit an annual report to the commissioner no later than January 30 of each 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 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: 

(A) A summary of data collected for each pollutant regulated under this section and all 

applicable parameters, as follows: 

(i) 

36 

A list of the 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 of this subsection, 

(ii) A list of the 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, if such relationship is 

reestablished, including test results, identification of the units tested and the date 

and time of each test run, and, as necessary, a schedule for making the 

appropriate modifications to the CEM system to incorporate the equivalent % 

COZ correction factor, 

(v) The total number of days that the minimum number of hours of 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 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 of average emission concentrations or parameters ; 

(B) The information required by subparagraphs (A)(i), (A)(ii) and (A)(iii) of this 

subdivision for the previous calendar year; and 

(C) The data summaries required by subparagraphs (A) and (B) of this 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 MWC owner or operator is subject to more stringent annual reporting requirements 

pursuant to a permit issued under Title V of the Act or section 22a-174-33 of the 

Regulations of Connecticut State Agencies, those requirements shall supersede the 
DRAFT - AUGUST 27, 2vj7 

requirements of this subsection] . 

37 

(4) At least ninety (90) days before any MWC owner or operator plans to conduct any 

performance test required under this subsection, such owner or operator shall submit a performance 

test plan for review and written approval of the 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 MWC owner or operator shall provide written notification to the commissioner three (3) 

business days prior to conducting any performance test required under this subsection. 

(6) The MWC owner or operator shall provide written notification to the commissioner within 

seventy-two (72) hours of the 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 

certification jsigned by a responsible corporate officer or a duly authorized representative of such 

officer, as those terms are defined in ] signed in accordance with section [22a-430-3(b)(2)] 22a-174-

2a a 4 of the Regulations of Connecticut State Agencies[, and by the individual or individuals 

responsible for actually preparing such document, each of whom shall examine and be familiar with 

the information submitted in the document and all attachments thereto, and shall make inquiry of those 

individuals responsible for obtaining the information to determine that the information is true, 

accurate, and complete, and each of whom shall certify in writing as follows : 

"I have personally examined and am familiar with the information submitted in this 

document and all attachments thereto, and I certify that based on reasonable 

investigation, including my inquiry of those 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 of the 

Connecticut General Statutes or, in accordance with section 22a-6 of the Connecticut 

General Statutes, under section 53a-157b of the Connecticut General Statutes, and in 

accordance with any other applicable statute." ]_ 

(8) The MWC owner 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 MWC owner 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 of five (5) years from the date of submission to 

the commissioner. 

(m) [Compliance schedule] Duty to Comply. 

(1) [The owner or operator of a MWC for which construction commenced prior to September 20, 

1994 shall achieve final compliance with the applicable emission limits specified in subsections (c) 

and (f) of this section, with the exception of the emission limits of Tables 38-la and 38-3a, no later 

than December 19, 2000. 

(2) The owner or operator of a 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) 

of this section no later than the date thirty-six months following the effective date of this section. 

(3) The owner or operator of a MWC for 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) of this section, with the exception of the emission 

limits of Tables 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 of a MWC for 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 of subsection (c) of this section no later than the date thirty-six months 

following the effective date of this section or the date of initial operation, whichever is later. 

(5) The owner or operator of any MWC shall achieve final compliance with the applicable 

emission limit specified in Table 38-3a of subsection (c) of this section no later than May l, 2003 or 

the date of initial operation, whichever is later. 

(6) ] The owner or operator of a MWC subject to this section who is unable to comply with the 

requirements of this section [within the final compliance dates specified in this subsection shall cease 

operation. Within one year of the effective date of this 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 

one year from the date that the inability to comply is discovered by which operations shall cease. 

[(7) On and after the date one year from the effective date of this section, any MWC that has been 

operated in full compliance with all requirements of this section for nitrogen oxides shall be exempt 

from the following provisions of the Regulations of Connecticut 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 MWC that is operating in full compliance with all requirements of this section for 

nitrogen oxides, as determined by the commissioner, shall be exempt from the May 31, 1999 deadline 

contained in Section 22a-174-22, subsection (e), subdivision (2) of the Regulations of Connecticut 

State Agencies as of the effective date of this 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 of a MWC unit. 

Statement of Purpose : 

R.C.S.A. section 22a-174-38 is based on federal emissions guidelines and new source performance 

standards (NSPS), which EPA promulgated in 1997 . This amendment serves the primary purpose of 

updating the regulation in accordance with revisions to the large municipal waste combustor emissions 

guidelines, which were 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 monitoring 

requirements ; exempts units subject to R.C.S.A. section 22a-174-38 from the requirements of 

R.C.S .A. 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. 
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. 

4 Liberty Lane West 

Hampton NH 03842 

tporter(a),WM.COM 

3 . Ted Michaels 

President 

Integrated Waste Services Association 

1331 H Street, NW Suite 801 

Washington, DC 20005 

202-467-6240 

tmichaelskwte.org 

4 . Steven E. Yates 

Air Compliance Manager 

Connecticut Resources Recovery Authority 

100 Constitution Plaza 

Hartford, CT 06103-1722 

5 . Mark H. Bobman 

Assistant Director 

Bristol Resource Recovery Facility Operating Committee 

43 Enterprise Drive 

Bristol, CT 06010 
ATTACHMENT 4 

Recommended Final Text of the 

Amendment of RCSA Section 22a-174-38 
Section 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 of this 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 

ending on December 31 . 

"Chief operator" means an individual who is in direct charge of the operation of a 

municipal waste combustor plant and who is responsible for overall on-site supervision, 

technical direction, management and performance of the 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 of which 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 of waste disposal, energy production or providing heat to the 

combustion system in preparation for waste disposal or energy production. Continuous burning 

does not include the use of municipal solid waste solely to provide thermal protection of the 

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 of any pollutant from a MWC unit . 

(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-hour block average" means the 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 three 8-hour periods of 

time: 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)] n "F-factor," "fc" or "fd" means a ratio of combustion gas [volumes] volume to heat 

[inputs] input either unit-specific or as defined in 40 CFR 60, 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] of time: midnight to 4 a.m. [,] i 4 a.m. to 8 a.m. [,] i 8 a.m. to noon[,] i 

noon to 4 p.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 from no 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 air pollution control equipment, process equipment or a process to operate in a normal 

or usual manner. A failure 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)] (14) "Maximum demonstrated municipal waste combustor unit load" means the 

highest 4-hour block [arithmetic] average municipal waste combustor unit load achieved during 

four consecutive hours of operation 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) of this 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 of operation 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) of this section. 

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

[(16)] 17 "Modification" means "modification or modified municipal waste combustor 

unit" as defined in 40 CFR 60 .51b. 

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

[(18)] 19 "Municipal waste combustor," "municipal waste combustor unit" or "MWC" 

means any part or activity of any 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 

of tires . 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 which steam is produced 

at a municipal waste combustor (measured in lbs/hr or kg/hr) . 

[(21)] fL21 "ng/dscm" means nanograms of air 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) of this section, used to calculate the quantity of ERCs created or used by a MWC unit . 

[(24)] ~LQ "Ozone season" means the period of any calendar year beginning on May 1 and 

ending on September 30. 

[(25)] (2,6) "Premises" means the grouping of all stationary sources at any one location and 

owned by or under the control of the 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 of the operation of a 

shift of a municipal waste combustor plant and who is responsible for on-site supervision, 

technical direction, management and overall performance of the plant during a shift. 

[(31)] 32 "Shutdown period" means the period of time 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 from thirty-six (36) or more data points equally spaced over each 6-

minute period . 

[(33)] 04) "Standard conditions" means a temperature of 20 degrees centigrade and a 

pressure of 101 .3 kilopascals. 
[(34)] 35 "Startup period" means that period of time commencing when a municipal waste 

combustor begins the continuous burning of municipal solid waste, exclusive of any warmup 

period when a municipal waste combustor is combusting fossil fuel or other nonmunicipal solid 

waste fuel, and no municipal solid waste is being fed to the combustor. 

[(35)] (L6) "Total mass" or "total mass dioxin/furan" means the total mass of tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using EPA Reference 

Method 23 and the procedures specified under subsection (i)(4) of this section. 

[(36)] 37 "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-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 average pollutant concentration, corrected to 7% 02 or 

equivalent percent C02; 

[Ehj] A = [hourly] arithmetic average pollutant concentration or hour ' 

corrected to 7% OZ or equivalent percent C02; 

n = total number of hourly averages for which pollutant concentrations are 

available within the 24 hour midnight to midnight daily period; 

In = the natural log [of the 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) of the combustor. 

(b) Applicability. 
(1) This section shall apply to the owner or operator of any municipal waste combustor[.] 

except for a MWC unit that meets the conditions of either subparagraph (A) or (B) of this 

subdivision: 

The unit is subject to 40 CFR 60 Subpart Eb and the owner has obtained for that 

unit a permit issued under section 22a-174-3a of the Regulations of Connecticut 

State Agencies which permit contains emission limits at least as stringent as 

those stated in subsection (c) of this section for sulfur oxides and mercury; or 

The unit is subject to 40 CFR 60 Subpart AAAA and the owner has obtained for 

that unit a permit issued under section 22a-174-3a of the Regulations of 

Connecticut State Agencies, which permit contains emission limits at least as 

stringent as those stated in subsection (c) of this section for sulfur oxides and 

mercury. 

(2) A physical or operational change including installation of control 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 of any municipal waste combustor required to have a permit under 

section 3005 of the Solid Waste Disposal Act (42 U.S .C.A. section 6925) is not subject to 

this section for the operation of such unit. 

(4) The owner or operator of any 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 of a cement [kilns] kiln firing 

municipal solid waste is not subject to this section for the operation of such unit. 

The owner or operator of any cofired combustor is not subject to this section provided 

such owner or operator : 

(A) Notifies the commissioner in writing prior to the compliance date indicated in 

subsection (m) of this 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, if the cofired combustor is a unit for which construction commences 

after the effective date of this section; 

(B) Provides the commissioner with a copy of the federally enforceable permit 

limiting the unit to combusting a fuel feed stream, thirty percent (30%) or less of 

the weight of which 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 of all other fuels combusted at 

the cofired combustor; and 

(D) Maintains the records required by subparagraph (C) of this subdivision at the 

premises for a period of five (5) years from the date of the record's creation and 

makes such records available to the commissioner or administrator upon request.] 

The owner or operator of a municipal waste combustor unit to which this section applies 

shall not be subj_ect to section 22a-174-22 of the Regulations of Connecticut State Agencies for 

such unit . 

(c) Emission limits. 

(1) [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. 
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)(D of this 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)(D of this 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)Q of this 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)(D of this 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)(D of this 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)(D of this section 

commenced after 

December 20, 1989 

Dioxin/furan 30 ng/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 limit 

Mercury I 0.028 mg/dscm, or 85% reduction by weight measured as 

required by subdivision (7) of subsection (c) of this section 

] 

(1) [On and after the date specified in subsection (m) of this section, no owner or operator of 

a municipal waste combustor for which construction, modification or reconstruction commenced 

on or after September 20, 1994 shall cause or allow the emission of any air pollutant in excess of 

the applicable emission limit identified in Tables 38-2 and 38-2a of this subdivision.] Reserved. 

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

Modification or Reconstruction Commenced on or after September 20, 1994. 

Air pollutant Emission limit 

Particulate matter (PM) 24 mg/dscm 

Cadmium (Cd) 0.020 mg/dscm 

Lead (Pb) 0.20 mg/dscm 

Mercury (Hg) 0.080 mg/dscm, or 85% reduction by weight 

measured as required by subdivision (7) of 

subsection (c) of this section 

Sulfur dioxide (S02) 29 ppmvd, or 80% reduction by weight or 

volume measured as required by subdivision (7) 

of subsection (c) of this section 

Hydrogen chloride (HCl) 25 ppmvd, or 95% reduction by weight or 

volume measured as required by subdivision (7) 

of subsection (c) of this 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) of subsection (c) of this 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. Such tests shall be performed as 

required by subsection (i) of this section. 

(4) Continuous compliance with the sulfur dioxide emission limits contained herein shall be 

based on a 24-hour daily geometric average of the hourly arithmetic average emission 

concentrations using CEM system outlet data if compliance is based on an emission 

concentration, or CEM system inlet and outlet data if compliance 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 a percent reduction by weight or a percent reduction by volume, compliance shall be 

determined by measuring the concentration of air pollutant at the outlet of the air pollution 

control device that discharges directly to the stack, subtracting it from the concentration at the 

inlet of the air pollution control device that receives exhaust gases directly from the combustion 

chamber, dividing the difference by the concentration of air pollutant at the inlet to the air 

pollution control device that receives exhaust gases directly from the combustion chamber and 

then multiplying that result by a factor of one-hundred (100). 

(8) [On and after the date specified in subsection (m) of this section, no] No owner or 

operator of a municipal waste combustor shall cause or allow the emission of nitrogen oxides 

(NOx) in excess of the 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, 

Municipal waste 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 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 180 for the one-year period 

commenced after September 20, 1994 beginning on the date of 

completion of the initial 

performance test required by ; 

this section, and 

150 for that period of time 

subsequent to the one-year 

period identified above 

Processed-municipal solid waste combustor 220 

Reciprocating grate waste tire fired incinerator/boiler 79 
11 

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) 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 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 of the initial 

performance test required by 

this section, and 

150 for that period of time 

subsequent to the one-year 

period identified above 

Processed-municipal solid waste combustor 146 

Table 38-3a. Additional Nitrogen 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 grate waste 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) of this section, no] No owner or 

operator of a municipal waste combustor unit subject to this section shall cause or allow an 

emission of carbon monoxide in excess of the applicable emission limit identified in Table 38-4 

of this 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) of this 

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 of this section shall apply at all times 

except during periods of startup, shutdown or malfunction as provided in this subdivision: 

(A) [The] For determining compliance with an applicable carbon monoxide emissions 

limit if a loss of boiler water level control or a loss of combustion air control is 

determined to be a malfunction the duration of the malfunction period shall be 

limited to fifteen (15) hours per occurrence. Otherwise, the duration of each 

startup, shutdown or malfunction period shall be limited to three hours per 

occurrence for all MWC units; 

(B) For the purpose of compliance with the opacity emission limits, during each 

period of startup, 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, if a loss of boiler water level control or a loss of combustion air control is 

determined to be a malfunction, the duration of the malfunction period shall be 

limited to fifteen (15) hours per occurrence .] During periods of startup, shutdown, 

or malfunction, monitoring data shall be excluded from calculations of 

compliance with the emission limits and operating requirements of this 

subdivision but shall be recorded and reported in accordance with subdivisions (k) 

and (Z) of this section. 

(12) All emission limits in this subsection, except for those identified for opacity, shall be 

corrected to seven percent 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 of a MWC seeks to use an equivalent 

% C02, the owner or operator must demonstrate the relationship between OZ and COZ levels as 

specified in [subparagraph (J) of subdivision (4) of] subsection (i)(4)(J) of this section and 

submit a written report to the commissioner summarizing the results of the demonstration. This 

relationship may be reestablished during any performance test conducted pursuant to subsection 

(i) of this section. 

(13) [During the operation of a MWC unit, the carbon injection system operating parameter(s) 

that are the primary indicator(s) of the 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) of this section, based on a 24-hour daily average.] Reserved. 

(14) Notwithstanding [subparagraphs (D), (E) and (F) of subdivision (4) of] subsection 

(i)(4)(D) through (F) of this section, for the purpose of submitting compliance certifications or 

for the purpose of the commissioner establishing whether the owner or operator has violated or is 

in violation of any emission limit or standard in this subdivision, nothing shall preclude the 

commissioner's use, including the exclusive use, of any appropriate performance test results, 

credible evidence or information relevant to demonstrating compliance with the applicable 

requirements of this section. 

(15) Notwithstanding subdivision (12) of this subsection, the owner or operator of a 

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 of a MWC unit 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 of this section, subject to the limitations described in this subsection for the NOx 

emissions trading program. 

(2) The owner or operator of a 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) of this section; 

and 

(B) Such owner or operator may create ERCs in accordance with the requirements of 

this subsection if actual NOx emissions from a unit are lower than the applicable 

NOx emission limits in subsection (c) of this section and lower than any 

applicable NOx Trading Baseline. 

(3) For inclusion in the NOx emissions trading program, an owner or operator of a 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) A formal request to participate in the NOx trading program; 

(B) A NOx Trading 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 % COz, as specified in subdivision (12) of 

subsection (c) of this section) is higher than the applicable NOx limit set 

forth in subsection (c) of this 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% 

02 or ppmv @ an equivalent % C02, as specified in subdivision (12) of 

subsection (c) of this section) is lower than the applicable NOx limit set 

forth in subsection (c) of this section and such lower average 

concentration is the result of installation of control equipment or 

modification of a MWC unit solely for the purposes of meeting the 

requirements of this regulation or section 22a-174-22 of the Regulations of 

Connecticut State Agencies, then the applicable NOx limit of subsection 

(c) of this 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 
16 

considered as having been installed as a result of the requirements of this 

section or section 22a-174-22, or 

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

02 or ppmv @ an equivalent % C02, as specified in [subdivision (12) ofJ 

subsection (c)(LQ of this section) is lower than the applicable NOx limit 

set forth in subsection (c) of this section, then a NOx Trading Baseline 

shall be established based on the historical actual twenty-four hour daily 

NOx average; 

(C) A detailed 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 of this subsection, of the 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 of a municipal waste combustor unit participating in the MWC 

NOx emissions trading program shall use the following methodology to determine on a daily 

basis the quantity of ERCs created or used: 

(A) Calculate NOx Daily Average Concentration (24-hour block arithmetic average 

basis) and compare it to the applicable NOx limit of [subdivision (8) ofl 

subsection (c)(~) of this section; 

(B) If the NOx Daily Average Concentration is greater than the applicable NOx limit 

of [subdivision (8) of] subsection (c)M of this 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 of this section but greater than the NOx 

Trading Baseline, then ERCs shall neither be used nor created; 

(D) If the NOx Daily Average 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 Daily Average Concentration - (0.95 x applicable NOx limit of 

subdivision (8) of subsection (c) of this section)] 

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 Daily Averaging Period] 

] 

lbs ERCs used = 
17 

[NOx Daily Average Concentration - (0.95 x applicable NOx limit of 

subsection (c)(8) of this section)] 

x L1 .194 x 10-7] x [Diluent Correction] x [f-factorl 

x [Daily Heat Input Rate Averagel 

x [# of Actual Operatin Hours in the Daily Averaging_,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 Daily Averaging Period] 

x [0.85] 

where: 

NOx Daily Average Concentration : Average of all valid hourly NOx values 

(ppmvd @ 7% 02 or ppmv @ an equivalent % COz) recorded during the Daily 

Averaging Period . 

1.194 x 10-7 : NOx concentration conversion factor . 

Diluent Correction : If 02 is 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 in the units of dscf/mmBTU. If 

C02 is used as the diluent, then fc is in the units of scf/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 of all valid hourly Heat Input Rate 

values (mmBTU/hr) recorded during the Daily Averaging Period . 

Daily Averaging Period: The total of all 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% of maximum rated capacity . 

NOx Trading 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)M of this section or, if the historical 

actual daily average concentration is less than the applicable NOx limit of 

[subdivision (8) of ] subsection (c)(8) of this section, the value established by the 

commissioner (ppmvd @ 7% 02 or ppmv @ an equivalent % C02)- 

0.85: This factor represents 10% ERC retirement 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 MWC owner or operator seeking to create ERCs pursuant to this subsection shall : 

(A) In accordance with subsection (k) of this 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 request to the commissioner for approval of ERCs created prior 

to the use, sale or transfer of such ERCs . Such request shall include the following 

minimum information: 

(i) the monthly operating reports of actual fuel use in mmBTU, 

(ii) the daily actual NOx mass emissions and NOx concentrations (24-hour 

average), 

(iii) the number of valid data hours in each 24-hour period for which approval 

is requested, 

(iv) the number of operating hours per day, and 

(v) the quantity of ERCs created[.] ; and 

Create all such ERCsprior to January 1, 2009. 

(6) Any MWC owner or operator intending to use ERCs pursuant to this subsection shall : 

(A) No later than the first day of each calendar month, calculate, in tons, ERCs per 

month for each MWC unit, the projected maximum number of ERCs required for 

that calendar month using the formulas provided in [subparagraph (E) of] 

subdivision (4)(E) of this subsection ; 

(B) No later than the first day of each calendar month, acquire a sufficient number of 

ERCs approved by the commissioner to match the quantity needed as determined 

according to subparagraph (A) of this subdivision. The quantity needed may be 

satisfied with unused ERCs created or acquired in previous months, subject to the 

restrictions of subparagraph (D) of this subdivision. Credits to be used during the 

ozone season must have been generated during the ozone season ; 

(C) No later than the twentieth day of each 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 ERC generator 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) of this section shall have been created within the 

two calendar years preceding the year of such ERC use; 

(F) On and after May 1, 2001, any ERCs used to meet the emission limits contained 

herein shall have been created on or after May 1, 1999; ] 

[(G)] Q An ERC used to meet the emission limits contained herein shall have been 

created within the five calendar years preceding the year of such ERC use; and 

[(H)] (F,) For the purposes of [subparagraphs] subparagraph (E) [through (G)] of 

this subdivision, an ERC is considered created in the same calendar year the NOx 

emission reduction occurs at a plant or source . 

(7) No later than March 1 of each year, the MWC owner or operator shall provide to the 

commissioner a report containing the following information: 

(A) A record for the previous calendar year of each use, sale or other transfer of any 

and all of the ERCs created in accordance with this subsection ; and 

(B) A record for the previous calendar year of actual NOx emissions from the facility 

and each MWC unit, 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 of this subsection shall conform to the 

provisions of the U.S . Environmental Protection Agency's "Economic Incentive Program Rules," 

40 CFR [Part] 51, Subpart U. 

(10) Any emission reductions under this subsection for the purposes of ERC creation shall 

[be] : 

(A) [Calculated] Be calculated in a reliable and replicable manner; and 

(B) Not be a reduction required by any provision of the 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) of this subsection . 

(11) It shall be a violation of this section if the calculation specified by [subparagraph (C) of] 

subdivision (6)fCj this subsection demonstrates that any MWC owner or operator did not hold or 

acquire a sufficient number of ERCs to comply with the NOx emission limits contained herein . 

In addition, the MWC owner or operator shall acquire additional ERCs in an amount equal to 

three (3) ERCs for every one (1) ERC needed for compliance, had the ERCs been held or 

acquired at the time specified in [subparagraph (B) of] subdivision (6)0 of this subsection . The 
20 

additional ERCs shall be acquired on or before the last day of the calendar month in which the 

calculation specified by [subparagraph (C) ofJ subdivision (6)n of this subsection is performed. 

Nothing herein shall preclude the commissioner from taking 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) of this section, no] No owner or 

operator of a municipal waste combustor plant shall cause to be discharged to the atmosphere 

visible emissions of combustion ash from an ash conveying system, including conveyor transfer 

points, in excess of five percent (5 %) of the observation period (i .e ., nine (9) minutes per threehour period), as specified in [subparagraph (I) of subdivision (4) of] subsection (i) M of this 

section. 

(2) The emission limit specified in subdivision (1) of this subsection does not cover visible 

emissions discharged inside buildings or within enclosures of ash conveying systems; however, 

the emission limit specified in subdivision (1) of this subsection does cover visible emissions 

discharged to the atmosphere from buildings or enclosures of ash conveying systems. 

(3) The provisions specified in subdivision (1) of this subsection do not apply during 

maintenance and repair of ash conveying systems, however, all reasonable measures to control 

fugitive emissions on such occasions shall be implemented. 

(g) Operating practices. 

(1) No owner or operator of a 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 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 ten percent (110 

%) of the 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 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) of this subsection, 

during the annual dioxin/furan emissions performance test and for two (2) weeks prior to such 

test, allow temperatures in excess of that specified in subdivision (1) of this subsection and 

municipal waste combustor unit load limits in excess of that specified in subdivision (2) of this 

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 of the 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 allow evaluation of system 

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 an 
22 

evaluation of system performance, testing of new technology or control technologies or 

diagnostic testing. 

(5) During the operation of a MWC unit, the carbon injection system operating parameter(s) 

that is the primary indicator(s) of the 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) of this section[, 

based on a 24-hour arithmetic average] . 

(h) Operator training and certification. 

(1) No owner or operator of a municipal waste combustor plant shall cause or allow such 

plant to be operated at any time unless a certified chief operator 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 of Connecticut 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 of the date of employment, all chief operators and shift 

operators must satisfactorily complete an operator training course conducted by the 

commissioner [no later than 180 days following the effective date of this section or the date six 

months after the date of plant startup, whichever is later. Chief operators and shift operators 

hired after this time must satisfactorily complete such course within six (6) months of the date of 

employment] . 

(4) [No later than one year after the effective date of this 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 of this 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) A summary of the applicable emission limits and operational requirements ; 

(B) A description 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; 

(G) Procedures for responding 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 of a municipal waste combustor plant shall establish a training 

program to review the Municipal Waste Combustor Operating & Maintenance Manual with each 

person who has responsibilities affecting the operation of a MWC plant 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 with the job positions identified in this 

subdivision prior to each new employee's assumption of any responsibilities at a MWC plant. 

[The owner or operator shall train those who presently are employed in the job positions 

identified in this subdivision within one year after the effective date of this section.] Following 

initial training, the training program shall be repeated on an annual basis for each person 

identified in this subdivision. 

(6) The Operating & Maintenance Manual shall be kept in a location readily accessible to all 

persons identified in subdivision (5) of this subsection and shall be available for inspection by 

the commissioner or Administrator upon request. 

(i) Performance testing. 

(1) [Each MWC owner 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 180 days 

after the final compliance date identified in subsection (m) of this 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 of a 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) of this subsection, upon demonstration for two (2) 

consecutive years that the dioxin/furan emission levels from all units at a MWC plant for which 

construction commenced prior to September 20, 1994 are less than fifteen (15) ng/dscm total 

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 MWC owner or 

operator shall only be required to conduct performance testing for dioxin/furan on one unit at 

that MWC plant. 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 each 
24 

unit is tested at the same frequency. If in any year following the year of election 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 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 MWC owner or operator 

shall resume testing of all units at the MWC plant 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 of this subdivision, 

at which time the owner/operator may resume testing in accordance with this subdivision. 

(4) Each MWC owner 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 CFR 60, 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 29 test 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 29 test 

run, the minimum sample time shall be two (2) hours, 

(iv) 40 CFR 60, 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 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 of sampling 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 cadmium and lead emission limits, 

(iv) An oxygen or carbon dioxide measurement shall be obtained 

simultaneously with each Method 29 test run for 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 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 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 run for mercury 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 of the 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), and 
26 

(vi) The compliance determinations for mercury shall be based an arithmetic 

average of emission concentrations or percent reductions determined using 

all data generated in a minimum of at 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 or volume) shall be determined by using the 

CEM system specified in [subdivision (1) of] subsection (j)(1) of this 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) of this section; 

(F) Compliance with the carbon monoxide emission limit shall be determined by 

using the CEM system specified in [subdivision (1) of] subsection (j)(D of this 

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 = percent reduction of the 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 reductions 
27 

determined using all data generated in three (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 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: 

(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 of three (3) one-hour 

observations, and 

(iii) The observation period shall include representative operational times 

when the facility is transferring ash from the 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 : 

(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 3A or 313, 

(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% OZ correction 

factor : 
28 

13.9 

C02 correction factor = , x C02 measured 

(20. 9 - 02 measured ) 

, and 

(iii) Calculation of a unit-specific equivalent COZ correction factor shall be the 

arithmetic mean of the result obtained from the three (3) test runs and the 

calculation of the COZ correction factor for each test run pursuant to 

subparagraph (J)(ii) of this 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 system being 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 of a 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.] 

(j) Compliance monitoring. 

(1) Continuous compliance with the emission limits specified in [subsection (c) of ]this 

section for opacity, sulfur dioxide (S02), S02 reduction efficiency, nitrogen oxides (NOx) and 

carbon monoxide [(CO)] shall be determined based on continuous emission monitoring system 

data. [No later than the applicable compliance date specified in subsection (m) of this section, 

the] The owner or operator of a municipal waste combustor shall install, operate and calibrate 

such continuous emission monitoring system in a manner acceptable to the commissioner and 

certify to the commissioner, in writing, that the equipment specifications for the continuous 

emission monitoring system have 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 and the oxygen 

or carbon dioxide content of the flue gas at each location where carbon dioxide, sulfur dioxide or 

nitrogen oxide emissions are monitored, and, if activated 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 40 CFR 60, Appendix B, Performance Specification 1 ; [R.C.S .A.] 

section 22a-174-4 of the Regulations of Connecticut State Agencies; and 40 CFR 

60.13 ; 

(B) 02 and COZ monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 3 ; 40 CFR 

60, Appendix F, Procedure l ; and 40 CFR 60.13 ; 

(C) S02 monitors shall; 

[meet] Meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 2; 40 

CFR 60, Appendix F, Procedure 1 ; and 40 CFR 60.13 [ ;] , 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%) of the mean value of the reference 

method test data in terms of the units of the emission standard, or five 

p_pmdv absolute value of the mean difference between the reference 

method and the continuous emission monitoring systems, whichever is 

greater; 

(D) NOX monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 2 ; 40 CFR 

60, Appendix F, Procedure 1 ; and 40 CFR 60.13 ; 

(E) Carbon monoxide monitors shall_ 

(i) [meet] Meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 4 or 

4A (as applicable) ; 40 CFR 60, 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 of five ppmdv is calculated as the absolute value of the 

mean difference between the referenc e method and the CEM system; 

(F) Continuous monitoring systems for MWC unit load shall meet the requirements 

of 40 CFR 60 .1810(a) ; and 

(G) If activated carbon is used to control dioxin/furan or mercury emissions[,] _ 

(i) [monitoring] Monitoring of the carbon feed rate shall meet the 

requirements of 40 CFR 60.1820, and 

ii Pneumatic injection pressure or another carbon injection system 

operational indicator shall be used to provide additional verification of 

proper carbon injection system operation. The operational indicator shall 
30 

provide an instantaneous visual and/or audible alarm to alert the operator 

of a potential interruption in the carbon feed that would not normally be 

indicated by direct monitoring of carbon mass feed rate (e.g . continuous 

weight loss feeder) or monitoring of the carbon system operating 

parameter(s) that are the indicator(s) of the carbon mass feed rate (e.g . 

screw feeder speed) . The carbon injection system operational indicator 

used to provide additional verification of carbon 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 MWC owner 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%) of the total operating hours in any one calendar year; 

(B) Data available for opacity CEMs shall not be less than ninety-five percent (95%) 

of the total operating hours in any one calendar quarter; 

(C) Obtain valid 1-hour averages for seventy-five percent (75%) of the operating 

hours per day for ninety percent (90%) of the 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) of this section in the 

event of failure to obtain the minimum data required by subparagraphs (A) and 

(B) of this subdivision; and 

(F) The percentage of data 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 from a CEM to calculate emissions concentrations 

and percent reductions as required by this section regardless of whether 

the minimum data availability requirements of subparagraphs (A) and (B) 

of this subdivision are obtained. 

[(3) The mean difference criteria evaluation specified in 40 CFR 60, 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 < S ppm 

where, ~ d I = absolute value of the mean of the differences 

~ cc ~ = the confidence coefficient 
31 

During a loss of boiler water level control or a loss of combustion air control malfunction 

period a diluent cap of fourteen 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 of a municipal waste combustor shall maintain records of the 

information specified in subdivisions (2) through [(11)] (13)_of this subsection, as applicable, 

labeling each record with the time and calendar date on which the data was generated. Each 

record shall be maintained for a period of at least five (5) years from the 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 chief operators and shift operators, certified by the 

commissioner, and employed at the plant, including the dates of initial and 

renewal certifications and documentation of current certification; 

(B) The names of the chief operators and shift operators who have completed an 

operator training course as required under [subdivision (3) of] subsection (h)(D of 

this section; and 

(C) The names of the persons at the plant who have completed a training program as 

required under [subdivision (5) of] subsection (h)(5) of this 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 of the average emission concentrations, percent reductions, 

operating parameters or opacity levels recorded under subdivisions (3) or (4) of this subsection 

are above the applicable limit shall be identified . The reasons for such exceedances, a 

description of corrective actions taken and a description of the measures taken to prevent future 

exceedances shall also be recorded. 

(6) The calendar dates for which the minimum number of hours of any of the data required 

by this section have not been obtained shall be identified, the reasons for not obtaining sufficient 

data, a description of corrective actions taken and a description of the measures taken to prevent 

future losses of data. 

(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 from the calculation of average 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 documenting the results of an 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 if established 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 relationship between carbon dioxide and oxygen concentrations 

shall be recorded if the relationship is reestablished during the annual performance test. 
33 

(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 of the 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 of the 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 of the average carbon mass feed rate, measured in kilograms per hour 

or pounds per hour, for each hour of operation, with supporting calculations ; 

(D) For each calendar quarter, estimates of the total carbon usage for each MWC unit 

in kilograms or pounds for each calendar quarter by two independent methods, 

according to the procedures specified below: 

(i) For each MWC unit, estimate the weight of carbon delivered, and 

(ii) For each MWC unit, estimate the average carbon mass feed rate in 

kilograms per hour or pounds per hour for each hour of operation based on 

the parameters specified under [subparagraph (K) of subdivision ] 

subsection (i)(4)~K) of this section, and sum the results for the total 

number of hours of operation during the calendar quarter; 

(E) Carbon injection system operating parameter data for the parameter(s) that are the 

primary indicator(s) of carbon feed rate (e.g ., screw feeder speed) ; and 

(F) The times and calendar dates when average carbon mass feed rates were less than 

either of the hourly carbon feed rates estimated during mercury or dioxin/furan 

emissions tests. The reasons for such feed rates and a description of corrective 

actions taken shall also be recorded. 

For each MWC unit the following records of air 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 of operation, with 

supporting calculations ; and 

For each calendar quarter, total reagent usage for each MWC unit in kilograms or 

pounds for each calendar quarter. 
34 

13 For each MWC unit the following records shall be recorded daily: 

Daily fossil fuel usage rates for each fuel ; and 

Daily hours of operation in which periods of startup and shutdown are 

distinguished. 

(Z) Reporting requirements. 

(1) [The MWC owner or operator shall submit an initial performance test report to the 

commissioner within sixty (60) days after the date of completion of the initial performance test 

as specified in subsection (i) of this 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/dscm total 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) of the Regulations 

of Connecticut State Agencies; 

(C) The performance evaluation for the continuous emission monitoring system using 

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) of this section, the owner or operator 

shall submit the results of the tests establishing the relationship, including test 

results, identification of the unit test, the date and time of each test run, and, as 

necessary, a schedule for making the appropriate modifications to the CEM 

system to incorporate the equivalent % C02 correction 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) of this 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 MWC unit, [The] the MWC owner or operator shall submit a quarterly report to 

the commissioner within thirty (30) days following the end of each calendar quarter in which the 

data were collected. [The first quarterly report shall be submitted within thirty (30) days 

following the end of the 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 of the corrective actions taken; 

(C) For MWCs equipped with activated carbon injection systems for mercury or 

dioxin/furan emissions control, the following information: 

(i) Identification of the calendar dates during the calendar quarter reported 

when average carbon mass feed rates were less than either of the 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 taken shall also be reported, 

(ii) The total carbon purchased for and delivered to the MWC plant or 

purchased for and delivered to each MWC unit for the reported calendar 

quarter, and 

(iii) The required usage of carbon for the reported calendar quarter for the 

MWC plant or for each MWC unit at the plant, calculated using equation 4 

or 5 of 40 CFR 60.1935(f); and 

(D) The data and results of any CEM quality assurance testing conducted pursuant to 

this section. 

(3) Except as set forth in subparagraph (D) of this subdivision, the MWC owner or operator 

shall submit an annual report to the commissioner no later than January 30 of each year 

following the calendar year in which 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) A summary of data collected for each pollutant regulated under this section and 

all applicable parameters, as follows : 

(i) A list of the 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) 

of this subsection, 

(ii) A list of the 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, if such relationship 

is reestablished, including test results, identification of the units tested and 

the date and time of each test run, and, as necessary, a schedule for 

making the appropriate modifications to the CEM system to incorporate 

the equivalent % C02 correction factor, 

(v) The total number of days that the minimum number of hours of 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 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 of average emission concentrations or 

parameters; 

(B) The information required by subparagraphs (A)(i), (A)(ii) and (A)(iii) of this 

subdivision for the previous calendar year; and 

(C) The data summaries required by subparagraphs (A) and (B) of this 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 MWC owner or operator is subject to more stringent annual reporting 

requirements pursuant to a permit issued under Title V of the Act or section 22a174-33 of the Regulations of Connecticut State Agencies, those requirements 

shall supersede the requirements of this subsection] . 

(4) At least ninety (90) days before any MWC owner or operator plans to conduct any 
37 

performance test required under this subsection, such owner or operator shall submit a 

performance test plan for review and written approval of the 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 MWC owner or operator shall provide written notification to the commissioner three 

(3) business days prior to conducting any performance test required under this subsection . 

(6) The MWC owner or operator shall provide written notification to the commissioner 

within seventy-two (72) hours of the 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 certification jsigned by a responsible corporate officer or a duly authorized 

representative of such officer, as those terms are defined in ] signed in accordance with section 

[22a-430-3(b)(2)] 22a-174-2a(a)(4) of the Regulations of Connecticut State Agencies[, and by 

the individual or individuals responsible for actually preparing such document, each of whom 

shall examine and be familiar with the information submitted in the document and all 

attachments thereto, and shall make inquiry of those individuals responsible for obtaining the 

information to determine that the information is true, accurate, and complete, and each of whom 

shall certify in writing as follows: 

"I have personally examined and am familiar with the information submitted in 

this document and all attachments thereto, and I certify that based on reasonable 

investigation, including my inquiry of those 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 of the Connecticut General Statutes or, in accordance with section 22a-6 

of the Connecticut General Statutes, under section 53a-157b of the Connecticut 

General Statutes, and in accordance with any other applicable statute." ] . 

(8) The MWC owner or operator shall submit all reports and notifications required by this 

subsection on forms furnished or prescribed by the commissioner. 

(9) The MWC owner 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 a period of five (5) years from 

the date of submission to the commissioner. 

(m) [Compliance schedule] Duty to Comply. 

(1) [The owner or operator of a MWC for which construction commenced prior to September 

20, 1994 shall achieve final compliance with the applicable emission limits specified in 

subsections (c) and (f) of this section, with the exception of the emission limits of Tables 38-1a 

and 38-3a, no later than December 19, 2000. 

(2) The owner or operator of a 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) of this section no later than the date thirty-six months following the effective date 

of this section. 

(3) The owner or operator of a MWC for 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) of this section, with the exception of the 

emission limits of Tables 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 of a MWC for 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 of subsection (c) of this section no later than the date thirty-six 

months following the effective date of this section or the date of initial operation, whichever is 

later. 

(5) The owner or operator of any MWC shall achieve final compliance with the applicable 

emission limit specified in Table 38-3a of subsection (c) of this section no later than May l, 2003 

or the date of initial operation, whichever is later. 

(6) ] The owner or operator of a MWC subject to this section who is unable to comply with 

the requirements of this section [within the final compliance dates specified in this subsection 

shall cease operation. Within one year of the effective date of this 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 one year from the date that the inability to comply is 

discovered, by which operations shall cease . 

[(7) On and after the date one year from the effective date of this section, any MWC that has 

been operated in full compliance with all requirements of this section for nitrogen oxides shall be 

exempt from the following provisions of the Regulations of Connecticut State Agencies : 

(A) Section 22a-174-22(k) concerning nitrogen oxides emissions testing and 

monitoring; and 
39 

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

oxides . 

(8) Any MWC that is operating in full compliance with all requirements of this section for 

nitrogen oxides, as determined by the commissioner, shall be exempt from the May 31, 1999 

deadline contained in Section 22a-174-22, subsection (e), subdivision (2) of the Regulations of 

Connecticut State Agencies as of the effective date of this 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 of a MWC unit. 

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, which were 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 RCSA section 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.