# Attachment 3
Final Text of Amendments to R .C.S .A.Sections 22a-174-4 and 22a-174-7

### Section 22a-174-4 of the Regulations of Connecticut State Agencies is amended to read as

follows:
Sec

. 22a-174-4

. ["]Source["] monitoring, record keeping[,] ANDreporting [and authorization of inspection of "air pollution" "sources ."]


### (a) ["Source" Monitoring

. ] DEFINITIONS

. FORTHE PURPOSES OF THIS SECTION : [(a)(1) The owner or "operator" of any "air pollution" "source" shall install, use, and maintain monitoring equipment, establish and maintain records, and make periodic reports as prescribed herein by the "Commissioner ." (a)(2) In addition to the requirements of subsection (b) and (c), the "commissioner" may require the owner or "operator" of any "source" to monitor continuously "air pollutant" "emissions" where he determines that equipment and methods for such monitoring are reasonably available

. The "Commissioner" may determine that continous monitoring of "air pollutant" "emissions" is not technologically feasible

. In such cases, the "Commissioner" may require monitoring or intermittent "stack" testing of such "source" in whatever reasonable manner he determines to be necessary to demonstrate the "source" is in compliance with applicable regulations

. (a)(3) Nothing in subsections (a)(1) and (a)(2) shall be construed to require installation or use of monitoring devices or methods on any "source" for the purpose of determining compliance with applicable regulations when such "source" can be demonstrated, to the satisfaction ofthe "commissioner," to be physically incapable ofviolating such regulations.]
"CALENDAR QUARTER" MEANS A CONSECUTIVE THREE (3) MONTH PERIOD (NONOVERLAPPING) BEGINNINGONJANUARY 1, APRIL 1, JULY 1 OR OCTOBER 1

. 

### (2) "COAL BURNING EQUIPMENT" MEANS FUEL BURNING EQUIPMENT THAT COMBUSTS COAL

. (3) "GASEOUS, LIQUID OR SOLID FUEL BURNING EQUIPMENT" MEANS FUEL BURNINGEQUIPMENT THAT COMBUSTS GASEOUS, LIQUID OR SOLID FUELS

. (4) "STANDBY FUEL BURNING EQUIPMENT" MEANS FUEL BURNING EQUIPMENT THAT IS USED ONLY TO PROVIDE BACKUP HEAT OR POWER

. (b) [Smoke and "Opacity" Monitoring.] OPACITY CONTINUOUS EMISSIONS MONITORING CE

. ' [(b)](1)[Effective on January 1, 1976] EXCEPT AS PROVIDED INSUBDIVISIONS (2) AND (3) OF THIS SUBSECTION, the owner or ["]operator["] of [any of] the [following "] STATIONARY sources["] LISTED IN SUBPARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISIONshall install[, maintain and operate a smoke and "opacity" monitor approved] OPACITY CEM EQUIPMENT

. THE OWNER OR OPERATOR SHALL OPERATEAND MAINTAIN INSTALLED OPACITY CEM EQUIPMENT in accordance with [subsection (d)(1)] SUBSECTIONS (c)(3) AND (c)(4) OF THIS SECTION AND RETAIN THE DATA GENERATED IN ACCORDANCE WITH SUBSECTION (d) OF THIS SECTION : [(i)] (A)
[(ii)] (B)



### [(iii)] (C)

[(iv)] (D) 

### ["Fuel-burning equipment" burning coal] ANY COAL BURNING

EQUIPMENT;
. ["Fuel-burning equipment" burning liquid or solid fuels having a maximum rated heat input of] ANY LIQUID OR

-SOLID FUEL BURNING EQUIPMENT WITHA MAXIMUM RATEDHEAT INPUT GREATER THAN OR EQUAL TOtwo hundred fifty million [(250,000,000) "BTU"] BTUper hour (250,000,000 BTU/HRZ [or more] ; ["Incinerators"] ANY INCINERATORWITH [having] a maximum rated input in excess oftwo thousand [(2,000)] pounds per hour (2,000 LBS/I-R) ; AND [A "process source" that will emit in excess of] ANY PROCESS SOURCE WITH PARTICULATE MATTER EMISSIONS EXCEEDINGtwenty-five [(25)] pounds per hour (25 LBS/HR) [of "particulate matter" as determined] after the application of control equipment, when operated at ["]maximum rated capacity.["] [(b)](2) The provisions of [subsection (b)(1)(i)] SUBDIVISION (1)(A) OF THIS

SUBSECTION, CONCERNING COAL BURNING EQUIPMENT, shall not apply to: (A) Any [coal burning space heater which was] SPACE HEATER installed in anysingle family home on or before May 1, 19751 provided THAT SUCH SPACE HEATER DOES NOT COMBUST [only anthracite] coal with a sulfur content [ofless than] GREATERTHAN OR EQUAL TOTHREEQUARTERS OF ONE PERCENT (0.75%) by weight (dry basis) [is used for fuel .] ; (B) [(ii)] Any coal burning equipment in a commercial establishment in regular operation on or before May 1, 19753 provided THAT SUCH COAL BURNING EQUIPMENT DOES NOT COMBUST [only anthracite] coal with a sulfur content [of less than] GREATERTHAN OR EQUAL TO THREE-QUARTERS OF ONE PERCENT (0.75%) by weight (dry basis)[is used for fuel] and COAL CONSUMPTION IS less than seventy-five (75) tons per year [ is consumed.] ; AND



### [(b)](3) (C) [(iii)] Any coal burning equipment used primarily for educational or

historical demonstrations or exhibits[ .], PROVIDEDTHAT SUCH COAL BURNING EQUIPMENT DOES NOT COMBUST COAL WITHA SULFUR CONTENT EXCEEDING ONE ANDONE-HALF PERCENT (1 .5%) BY WEIGHT (DRY BASIS)

. SUCH COAL BURNING EQUIPMENT [These "sources" shall include] INCLUDES, but [are] IS not limited to, blacksmiths' forges, steamlocomotives, and steamboats

. [provided, however, that said "sources" do not burn fuel which contains sulfur in excess ofone and one-halfpercent (1 .5%) by weight (dry basis)]

. The provisions of [subsections (b)(1)(ii) and (b)(1)(v)] SUBDIVISION (1)(B) OF THIS SUBSECTION, CONCERNING GASEOUS, LIQUID OR SOLID

. FUEL BURNINGEQUIPMENT, shall not apply to: (A) [(i)] ["Standby fuel burning equipment" which is used only to provide emergency heat or power and which operates not more than a total of] ANY STANDBY FUEL BURNING EQUIPMENT OPERATING LESS THAN one hundred sixty-eight (168) hours in [any] Acalendar year
. [

. The "Commissioner" may request such proof and reports of operations as he deems necessary.] FORTHE PURPOSE OF THIS SUBPARAGRAPH, THE TERM

"OPERATING" SHALL NOT INCLUDE EMISSIONS TESTINGOR OPERATINGONLY TO MAINTAIN RELIABILITY IN EMERGENCY SITUATIONS ; AND [(ii) Gas turbines] TURBINES COMBUSTING NATURAL GAS, LIQUID FUEL ORAM1XTURE OF LIQUID FUEL AND NATURAL GAS [equippedwith any smoke control apparatus which, in the "Commissioner's" judgment, is adequate to prevent visible discharge of an "opacity" greater than that designated as no
. 1 on the "Ringelmann chart," or 20% "opacity."] THAT COMPLY WITH THE APPLICABLE PARTICULATE MATTER ANDOPACITY LIMITATIONS SET FORTHIN SECTION 22a-174-18 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES WITHOUT UTILIZING POLLUTION CONTROL EQUIPMENT

. [(b)(4) The owner or " operator " of any "source" listed in subsection (b)(1) who on or before September 1, 1974 has installed and continues to properly operate a smoke and "opacity" detector and recorder not approved by the "commissioner" shall not be required to install a smoke and "opacity" monitor approved by the "commissioner" until January 1, 1985

. The "Commissioner" may request such proof of date ofpurchase as he deems necessary.]

.. . THE COMMISSIONER MAY, IN WRITING, REQUEST WRITTEN

### DOCUMENTATION FROM THE OWNER OR OPERATOR OF EQUIPMENT LISTED IN SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION TOASCERTAIN THE APPLICABILITY OF SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION

. AN OWNER OR OPERATOR SHALL DELIVER SUCH DOCUMENTATION TOTHE COMMISSIONER WITHINTHIRTY (30) DAYS OF RECEIPT OF SUCHA WRITTEN REQUEST

. [(b)(5) The "commissioner" may revoke or "modify" an exemption under subsections (a)(3), (b)(2)(ii) and (iii), (b)(3) and (b)(4) if it is determined that repeated violations of subsection 22a174-18(a) or violations of any specific applicable conditions in these exemptions have occurred or if it is determined that operation of the "source" will prevent or interfere with the "attainment" or maintenance of applicable "ambient air quality standards," create a health hazard or create a nuisance.]
AN OWNEROR OPERATOR THAT CLAIMS SUBSECTION (b)(1) OF .THIS SECTIONIS NOT APPLICABLE BY VIRTUE OF COMPLIANCE WITH SUBSECTIONS (b)(2) OR (b)(3) OF THIS SECTIONSHALL, UPONNOTICE FROM THE COMMISSIONER, INSTALL, OPERATE ANDMAINTAIN OPACITY CEM EQUIPMENT ACCORDINGTOTHIS SECTION, AND COMPLY WITH SUBSECTIONS (c) AND (d) OF THIS SECTION, IF THE COMMISSIONER FINDS: 

### (A) REPEATED NONCOMPLIANCE WITHSECTION 22a-174-18 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES HAS OCCURRED ; ) NONCOMPLIANCE WITHTHE REQUIREMENTS, LIMITATIONS OR

. RESTRICTIONS SET FORTH IN SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION HAS OCCURRED ; (C) OPERATION OF THE SUBJECT SOURCE HAS INTERFEREDWITH OR IS LIKELY TOINTERFERE WITHTHE ATTAINMENT OR MAINTENANCE OF AMBIENT AIR QUALITY STANDARDS, CREATE A HEALTH HAZARD OR CREATE A NUISANCE; OR ) MONITORING EQUIPMENT IS TECHNICALLY FEASIBLE, ECONOMICALLY FEASIBLE AND NEEDEDTODETERMINE COMPLIANCE WITHCHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATEDTHEREUNDER

. (6) THE NOTICE PROVIDED FOR IN SUBSECTION (b)(5) OF THIS SECTION SHALL BE IN THE FORM

OF A PERMIT OR ORDERANDSHALL SPECIFY REQUIREMENTS FOR OPACITY CEM EQUIPMENT INSTALLATION AND OPERATION INCLUDINGA DAY BY WHICH SUCH INSTALLATION AND a,OPERATION IS TO COMMENCE

. ((c) Record Keeping and Reporting

.(c)(1) The "Commissioner" may require the submission of any records or reports of

monitoring data and other information as he deems necessary to fulfill the purpose and policies contained in these regulations

. Such record keeping and reporting may be required of any "point source" or any "indirect source" of "air pollution." Records and reports required by the "Commissioner" concerning "air pollutants," fuels, and operational information shall be recorded, compiled, and submitted

. on forms furnished or prescribed by the "Commissioner." And shall be signed or verified in writing by a ranking corporate officer or managing official with offices located in the state

. Such signature shall constitute personal affirmation that such officer has exercised due diligence in verifying the accuracy of the record or report and that, to the best ofhis knowledge and belief, the record or report is true complete, and complies fully with applicable state requirements

. Such signature shall subject the responsible official to liability for false or misleading statements

. (c)(2) Any monitoring data required of any "source" under subsection (a) or (b) ofthis section shall be kept current and in a form allowing easy inspection and shall be retained by the "source" for a period of three years
.

. (c)(3) The owner or "operator" of any "source" described in subsection (b)(1) with the exception of "fuel burning equipment' 'having a maximum gross heat input capacity of less than two hundred fifty tnillion (250,000,000) "BTUs" per hour, shall submit to the "Commissioner" on forms furnished or prescribed by him a report summarizing "opacity" monitoring data for the preceding three months

. Such reports shall be due not later

. than thirty (30) days following the end of each calendar quarter

. (d) Approved Monitors (d)(1) The "Commissioner" shall, fromtime to time, publish the design, performance, and installation specifications for an approvable smoke and "opacity" monitor

. No smoke and "opacity" monitor shall be considered approved until the manufacturer has submitted evidence that the monitor meets all specifications required by the "Commissioner" and until an independent laboratory verifies that a randomly selected instrument or instruments representative ofthe instrument for which approval is sought, meets all specifications required by the "Commissioner"

. The "Commissioner" reserves the right to disapprove any monitor and to revoke any previous approval if the "Commissioner" believes that the monitor will not, in fact, meet specifications

. (d)(2)Effective April 1, 1989 for those "stationarysources" which must meet the requirements of Appendix Pof Title 40 Code of Federal Regulations Part 51 an approvable smoke and "opacity" monitor shall meet the design, performance and installation specifications in Performance Specification 1 of Appendix B of Title 40 Code of Federal Regulations Part 60 and the requirements in sections 3.4 .1, 3.6, 3.7, 3.8, 4.1, 4.2, 4 .4, 4 .5 and 4 .6 in Appendix P ofTitle 40 Code ofFederal Regulations Part 51

.(A) In addition to the requirements of subdivision 22a-174-4(d)(1), the owner or

"operator" of any "stationary source" subject to the requirements of this subdivision shall calibrate such monitoring equipment

. (B) The information collected under this subdivision shall be used in determining compliance with the provisions of subdivision 22a-174-18(a)(1)

. (C) In addition to the reporting requirements of subdivision 22a-174-4(c)(3), the owner or "operator" of any "stationary source" subject to the requirements of this subdivision shall submit the reports listed in Appendix P ofTitle 40 Code of Federal Regulations Part 51 and shall include information on the total process operating time of the equipment over the three (3) preceding months

. (e) Operation

. (e)(1) Equipment as maybe required pursuant to this section shall be maintained in operation at any time that the "source" is in operation

. (e)(2) Except for necessary maintenance, no "person" shall deliberately shut down any monitoring device or method required under these regulations while the "source" beingmonitored is in operation or is emitting "air pollutants." (e)(3) In the case of deliberate shutdown or of a breakdown or failure of any monitoring device or method during which time the "source" will be in operation, all reasonable measures shall be taken to assure resumption of monitoring as soon as possible

. In the event such shut down of monitoring equipment is expected, or may reasonably be expected, to continue for longer than 72 hours, and ifthe "source" is to be operated at anytime during that period, the "Commissioner" shall be promptly notified in writing

. Such notification shall specify the steps being taken to restore monitoring, the expected duration of the monitoring shut down, and the length of time that the "source" will be in operation during the shut down

. (e)(4) Failure ofanymonitoring equipment in no wayrelieves the owner or "operator" ofany "source" fromthe responsibilityto comply with applicable "airpollutant" "emission" regulations or standards

. 

### (e)(5) It shall be a violation ofthese regulations to adjust or alter any monitoring device or method so as to falsify its readings or results: (f) "Source" Inspection

. (f)(1) The "Commissioner" or his designated agent upon presentation ofhis credentials may : (i) Ater at all reasonable times upon any public or private property, except a private residence, for the purpose ofinspection and investigation to ascertain possibleviolations of these regulations, in accordance with constitutional limitations ;



### (ii) At reasonable times have access to records and may obtain copies thereof ; and (iii) At any reasonable time inspect any monitoring equipment or method and sample any "emissions ."] 

### GENERAL OPACITY AND GASEOUS CEM EQUIPMENT OPERATION AND PERFORMANCE

. (1) IF, FORASOURCE OF AIR POLLUTION, THE COMMISSIONER DETERMINES THAT OPACITY OR GASEOUS CEM EQUIPMENT IS REASONABLY AVAILABLE, TECHNICALLY FEASIBLE, ECONOMICALLY FEASIBLE AND NECESSARY FOR THE COMMISSIONER TO OBTAIN OPACITY OR EMISSION DATA TO EVALUATE COMPLIANCE WITH CHAPTER446c OF THE CONNECTICUT GENERAL STATUTES ANDREGULATIONS PROMULGATEDTHEREUNDER, THE COMMISSIONER MAY REQUIRE, BY WRITTENNOTICE TOTHE OWNER OR OPERATOR OF SUCH SOURCE, THE INSTALLATION AND OPERATIONOF CEM EQUIPMENT

. SUCHWRITTEN -NOTICE SHALL BE IN THE FORM OF A REGULATION, PERMIT OR ORDERANDSHALL INCLUDE REQUIREMENTS FOR INSTALLATION ANDOPERATION INCLUDINGA DAY BY WHICH SUCH INSTALLATION ANDOPERATION IS TO COMMENCE

. 

### (2) IF THE COMMISSIONER DETERMINES THAT CEM EQUIPMENT IS NOT REASONABLY AVAILABLE FORA SOURCE OF AIR POLLUTION, THE COMMISSIONER MAY, BY WRITTEN NOTICE, REQUIRE THE OWNER OR OPERATOR OF SUCH SOURCE TO COMPLY WITHANALTERNATIVE MONITORINGTECHNIQUE OR CONDUCT INTERMITTENT STACK TESTING TO VERIFY THE SOURCE IS IN COMPLIANCE WITHCHAPTER446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATED THEREUNDER

. SUCH WRITTENNOTICE SHALL BE IN THE FORM OF A REGULATION, PERMIT OR ORDERAND SHALL INCLUDE THE REQUlRMENTS FOR SUCHALTERNATIVE MONITORING ORTESTINGINCLUDINGA DAY BY WHICH SUCHALTERNATIVE MONITORING ORTESTING IS TO COMMENCE

. (3) MONITORING PLAN

. UNLESS OTHERWISE SPECIFIED BY PERMIT OR ORDER OF THE COMMISSIONER, THE OWNER OROPERATOR OF ANY SOURCE FOR WHICH CONSTRUCTION COMMENCED ON ORAFTER THE EFNECT1VE DATE OF THIS AMENDMENT TOTHIS SECTIONWHOIS REQUIRED TOINSTALL, OPERATE ANDMAINTAIN OPACITY CEM EQUIPMENT PURSUANT TO SUBSECTION (b) OF THIS SECTIONOR GASEOUS OR OPACITY CEM E~UIPMENT PURSUANT TO SUBDIVISION (1) OF THIS SUBSECTION SHALL SUBMIT TOTHE COMMISSIONER FORAPPROVAL, AT LEAST SIXTY (60) DAYS

### BEFORE THE INITIATION OF THE PERFORMANCE SPECIFICATION TESTING

REQUIRED BY SUBDIVISION (4) OF THIS SUBSECTION, A MONITORING PLAN CONTAININGTHE INFORMATION SPECIFIED IN SUBPARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION : (A) A BRIEF DESCRIPTION OF THE SOURCE, INCLUDING, BUT NOT LIMITED TO, TYPE OF UNIT OR PROCESS, TYPE OF FUEL COMBUSTED, TYPE ORTYPES OF EMISSION CONTROL DEVICES, AND OPERATIONAL PARAMETERS; ) A DESCRIPTION OF THE MONITORING EQUIPMENT DESIGN, PROPOSED MONITOR LOCATIONAND SAMPLINGSITE LOCATION

. THIS DESCRIPTION SHOULD INCLUDE, BUT IS NOT LIMITED TO, FACILITY SCHEMATICS AND ENGINEERING DRAWINGS OF THE MONITORINGAND SAMPLE PROBE LOCATIONS, DATAACQUISITION SYSTEM

SPECIFICATIONS, ANALYTICAL MONITORINGTECHNIQUE AND SAMPLING SYSTEM DESIGN ; (C) AN EXPLANATION OF THE PERFORMANCE SPECIFICATIONTESTING TOBE CONDUCTED BY THE OWNER~OR OPERATORAS REQUIRED BY SUBDIVISION (4) OF THIS SUBSECTION ; AND ) A QUALITY ASSURANCE PLANINCLUDINGPROCEDURES FOR CALIBRATION, CALIBRATION DRIFT DETERMINATIONAND ADJUSTMENT, PREVENTATIVE MAINTENANCE, DATA RECORDING, CALCULATION, AUDITS AND CORRECTIVE ACTION FORMONITORING SYSTEM

BREAKDOWNS

. (4) PERFORMANCE SPECIFICATIONS AND QUALITY ASSURANCE REQUIREMENTS

. THE OWNER OR OPERATOR OF ANY SOURCE REQUIRED TO INSTALL, OPERATE ANDMAINTAIN CEM EQUIPMENT PURSUANT TOTHIS SECTION SHALL MEET THE FOLLOWING PERFORMANCE SPECIFICATIONS AND QUALITY ASSURANCE REQUIREMENTS: (A) THE APPLICABLE PERFORMANCE SPECIFICATIONS ANDQUALITY ASSURANCE REQUIREMENTS OF 40 CFR 60APPENDICES BANDF, UNLESS- THE SOURCE IS SUBJECT TO40 CFR 75, INWHICH CASE THE OWNER OR OPERATOR SHALL MEET THE APPLICABLE PERFORMANCE SPECIFICATIONS AND QUALITY ASSURANCE REQUIREMENTS OF 40 CFR 75; (B) FOR OPACITY CEM EQUIPMENT, THE FOLLOWING QUALITY

, ASSURANCE REQUIREMENTS: (i) CALIBRATIONSHALL BE ADJUSTED WHENEVER THE DAILY

### ZEROOR UPSCALE CALIBRATION EXCEEDS PLUS/MINUS TWO PERCENT (±2%) OPACITY, (ii) DATA SHALL BE INVALID FORCALCULATING DATA AVAILABILITY IN ACCORDANCE WITH SUBDIVISION (5) OF THIS SUBSECTIONIF THE ZERO OR UPSCALE CALIBRATION VALUE EXCEEDS EITHER THE REFERENCE ZEROORTHE UPSCALE CALIBRATIONVALUE RECORDED DURINGTHE MOST RECENT CLEAR-PATH CALIBRATION BY PLUS/MINUS TWO PERCENT (±2%) OPACITY FOR FIVE (5) CONSECUTIVE DAYS OR PLUS/MINUS FIVE PERCENT-(±50/o) OPACITY ONANY SINGLE DAY

. THE PERIOD OF INVALID DATA BEGINS WITH EITHER THE FIFTH CONSECUTIVE OCCURRENCE OF ADRIFT VALUE EXCEEDINGPLUS/MINUS TWOPERCENT (±2%) OPACITY OR WITH THE LAST DAILY CHECK PRECEDINGTHE SINGLE OCCURRENCE OF ADRIFT VALUE EXCEEDING PLUS/MINUS FIVE PERCENT (±5%) OPACITY

. THE PERIOD OF INVALID DATA SHALL ENDWHENA CALIBRATION DRIFT CHECK, CONDUCTEDAFTERCORRECTIVE ACTION, DEMONSTRATES

, THAT RELIABLE MONITORING DATA IS BEING GENERATED, 

### (iii) QUALITY ASSURANCE AUDITS SHALL BE CONDUCTED DURING EACHCALENDAR QUARTER INWHICHTIE SOURCE

. OPERATES; (iv) THE COMMISSIONER SHALL BE NOTIFIED, IN WRITING, NO FEWERTHANTHIRTY (30) DAYS PRIORTOTHE INTTIALLY PROPOSED QUALITYASSURANCE AUDIT, AND (v) QUALITY ASSURANCE AUDITS SHALL BE CONDUCTED IN ACCORDANCE WITHTHE PROCEDURES CONTAINEDIN "PERFORMANCE AUDIT PROCEDURES FOROPACITY MONITORS," EPA DOCUMENT NO

. 450/4-92/010, DATEDAPRIL 1992

. IF EPA PROMULGATES QUALITYASSURANCE PROCEDURES IN 40 CFR60, APPENDIX F, QUALITYASSURANCE AUDITS SHALL BE CONDUCTEDACCORDING TO SUCH PROCEDURES

. IF EITHER EPA DOCUMENT NO

. 450/4-92/O10 OR



### . SUBSEQUENTLY PROMULGATED PROCEDURES IN 40 CFR 60, APPENDIX F, AS APPLICABLE, DOES NOT CONTAINAUDIT PROCEDURES FORTHE OPACITY CEM SELECTED BY THE OWNER OR OPERATOR, THE OWNER OR OPERATOR SHALL, IN WRITING, PROPOSE AUDIT PROCEDURES TOTHE COMMISSIONER FOR REVIEW ANDWRITTENAPPROVAL AT LEAST THIRTY (30) DAYS PRIOR TOTHE INITIAL OPACITY CEM AUDIT; AND10



### (C) IF THE RESULTS OF A QUALITY ASSURANCE AUDIT FAIL TO CONFORM

TOTHE QUALITY ASSURANCE REQUIREMENTS OF SUBPARAGRAPH (B) OF THIS SUBDIVISION, SUCH OPACITY CEM DATA SHALL BE DEEMED INVALID BY THE COMMISSIONER, AND THE OWNER OR OPERATORWILL BE DEEMEDTOHAVE FAILED THE QUALITYASSURANCE AUDIT

. DATA COLLECTED AFTER ANY FAILED QUALITY ASSURANCE AUDIT SHALL BE INVALID FOR CALCULATING PERCENT DATAAVAILABILITY INACCORDANCE WITHSUBDIVISION (5)(A) OF THIS SUBSECTION

. DATAAVAILABILITY

. (A) THE OWNER OR OPERATOR OF ANY SOURCE REQUIREDTOINSTALL, OPERATE AND MAINTAIN CEM EQUIPMENT INACCORDANCE WITH THIS SECTION SHALL MEET THE FOLLOWING DATAAVAILABILITY REQUIREMENTS ONAN EMISSION LIMITATION-SPECIFIC BASIS: (i) WHILE THE SOURCE IS OPERATING, THE OWNER OR

, OPERATOR SHALL OPERATE REQUIRED CEM EQUIPMENT PURSUANT TOSECTION 22a-174-7(b) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, ANDALLOWABLE PERIODS OF MISSINGDATA SHALL APPLY ONLY TO PERIODS OF DELIBERATE SHUTDOWNALLOWED BY SECTION ZZa-I74-7(b) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, UNAVOIDABLE SYSTEM MALFUNCTION ORAS OTHERWISE PROVIDED UNDER THIS SUBDIVISION, (ii) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, DATA SHALL BE AVAILABLE FOR NOLESS THANNINETY-FIVE PERCENT (95%) OF THE TOTAL OPERATING HOURS OF THE SOURCE INANY CALENDAR QUARTER, AND (iii) PERCENT DATAAVAILABILITY SHALL BE CALCULATED USING THE FOLLOWING EQUATION :

-W Data Availability=



### WHERE: ~ Unit Operating Time-Monitoring Downtime *100 Unit Operating Time

UNIT OPERATINGTIME = TOTAL HOURS OF SOURCE OPERATIONAT ANY LEVEL DURINGTHE CALENDAR QUARTER

. 

### MONITORING DOWNTIME = TOTAL HOURS OF SOURCE OPERATION

### 11

AT ANY LEVEL DURINGTHE CALENDAR QUARTERWHERE EITHER NOCEM EQUIPMENT DATA WAS COLLECTED OR THE CEM EQUIPMENT DATA WAS INVALID

. SUCH PERIODS INCLUDE, BUT ARE NOT LMTBD TO, QUALITY ASSURANCE ACTIVITIES SUCH AS CALIBRATION, PREVENTATIVE MAINTENANCE, AND CALIBRATION DRIFT EXCEEDANCES OR QUALITY ASSURANCE AUDITS THAT RESULT IN INVALID DATA

. THE COMMISSIONER, INWRITING, MAY EXEMPT THE OWNER OR OPERATOR OF ASOURCE FROM THE MINUrIUM

DATAAVAILABILITY REQUIREMENTS OF SUBPARAGRAPHS (A)(ii) AND (A)(iii) OF THIS SUBDIVISION IF SUCHSOURCE IS EQUIPPED WITH PROPERLY OPERATING OPACITY CEM EQUIPMENT, ANDTHE SOURCE IS OPERATED LESS THAN OR EQUAL TOFIVE HUNDRED FOUR (504) HOURS IN THE CALENDAR QUARTER

. (C) THE COMMISSIONER, IN WRITING, MAY EXEMPT THE OWNER OR OPERATOR OF A SOURCE FROM THE MINIMUM

DATAAVAILABILITY REQUIREMENTS OF SUBPARAGRAPHS (A)(ii) AND (A)(iii) OF THIS SUBDIVISION IF SUCH SOURCE IS EQUIPPEDWITH PROPERLY OPERATINGGASEOUS CEM EQUIPMENT, ANDTHE SOURCE IS OPERATED LESS THAN OR EQUAL TOTHREE HUNDREDTHIRTY-SIX (336) HOURS IN THE CALENDAR QUARTER

. ) 

### TOOBTAINAN EXEMPTIONUNDER SUBPARAGRAPHS (B) OR (C) OF THIS SUBDIVISION, THE OWNER OR OPERATOR OF THE SOURCE SHALL SUBMIT THE FOLLOWINGINFORMATION TOTHE COMMISSIONER WITHINTHIRTY (30) DAYS FOLLOWINGTHE LAST DAY OF THE CALENDAR QUARTER FORWHICHTHE EXEMPTION IS SOUGHT: (i) 

### A REQUEST FORAN EXEMPTION FORA SPECIFIED CALENDAR QUARTER, (ii) THE ACTUAL OPERATING HOURS OF THE SOURCE DURINGTHE CALENDAR QUARTER, (iii) THE DURATION OF ANDNATURE OF THE CEM EQUIPMENT BREAKDOWNS, REPAIRS ORADJUSTMENTS MADE DURING THE CALENDAR QUARTER, AND 

### (iv) THE ACTUAL DATAAVAILABILITY ACHIEVED DURINGTHE12



### CALENDAR QUARTER

. (d) RECORD ]KEEPING AND REPORTING

. (1) THE COMMISSIONER MAY, BY WRITTENNOTICE, REQUIRE THE OWNER OR OPERATOR OF ANY SOURCE TOCREATE, MAINTAINAND SUBMIT DATA, RECORDS OR REPORTS OF MONITORING DATA AND OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONERTOEVALUATE COMPLIANCE WITH CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATED THEREUNDER

. SUCH INFORMATION SHALL BE RECORDED, COMPILED AND SUBMITTED ON FORMS AS MAY BE FURNISHED OR PRESCRIBED BYTHE COMMISSIONER
. THE WRITTEN NOTICE SHALL PROVIDE THE DATE BY WHICHSUCH DATA, RECORDS ORREPORTS SHALL BE SUBMITTED TOTHE COMMISSIONER
. (2) ANYDOCUMENT, DATA, PLAN, RECORD OR REPORT REQUIREDTOBE SUBMITTED TOTHE COMMISSIONER BY THIS SECTIONSHALL INCLUDE A CERTIFICATION SIGNED BY ARESPONSIBLE *CORPORATE OFFICER ORA DULY AUTHORIZED REPRESENTATIVE OF SUCH OFFICER, AS THOSE TERMS ARE DEFINED IN SUBDIVISION (2) OF SUBSECTION (b) OF SECTION22a-430-3 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, ANDBY THE INDIVIDUAL OR INDIVIDUALS REPONSIBLE FORACTUALLY PREPARING SUCH DOCUMENT, EACH OF WHOM SHALL EXAMINE ANDBE FAMILIAR WITHTHE INFORMATIONSUBMITTED INTHE DOCUMENT ANDALL ATTACHMENTS THERETO, ANDSHALL MAKE INQUIRY OF THOSE INDIVIDUALS RESPONSIBLE FOR OBTAININGTHE INFORMATIONTO DETERMINE THAT THE INFORMATIONIS TRUE, ACCURATE ANDCOMPLETE, ANDEACH OF WHOM SHALL CERTIFY IN WRITINGAS FOLLOWS:
"I HAVE PERSONALLY EXAMINEDANDAM FAMILIAR WITHTHE INFORMATIONSUBMITTED IN THIS DOCUMENT ANDALL ATTACHMENTS THERETO, ANDI CERTIFY THAT BASED ON REASONABLE INVESTIGATION, INCLUDING MY INQUIRY OF THOSE INDIVIDUALS RESPONSIBLE FOROBTAININGTHE INFORMATION, THE SUBMITTED INFORMATIONIS TRUE, ACCURATE ANDCOMPLETE TOTHE BEST OF MY KNOWLEDGE AND BELIEF

. I UNDERSTANDTHAT ANY FALSE STATEMENT MADE INTHE SUBMITTED INFORMATIONMAY BE PUNISHABLE AS ACRIMINAL OFFENSE UNDERSECTION22a-175 OF THE CONNECTICUT GENERAL STATUTES OR, TN ACCORDANCE WITH SECTION22a-6 OF THE CONNECTICUT GENERAL STATUTES, UNDER SECTION53a-157b OF THE CONNECTICUT GENERAL STATUTES, ANDIN ACCORDANCE WITHANY OTHER APPLICABLE STATUTE ."13



### (3) THE OWNER OR OPERATOR OF ANY SOURCE SUBJECT TOTHE PROVISIONS OF CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS ADOPTED THEREUNDER SHALL MAINTAINALL DATA, DOCUMENTS AND REPORTS REQUIRED BY THIS SECTION INA LEGIBLE AND COMPREHENSIBLE FORM FOR FIVE (5) YEARS FROM THE DATE SUCH DATA, DOCUMENT OR REPORT IS CREATED

. (4) EACH CALENDAR QUARTER, THE OWNER OR OPERATOR OF ANY OPACITY CEM EQUIPMENT REQUIRED PURSUANT TOTHIS SECTION SHALL SUBMIT THE FOLLOWING INFORMATIONTOTHE COMMISSIONER : (A) THE DATA OBTAINED THROUGH SUCH EQUIPMENT DURINGTHE PRECEDING CALENDAR QUARTER THAT IS REQUIREDTO DETERMINE COMPLIANCE WITHAN EMISSION LIMITATION OR STANDARD

;

(5) 

### ) A SUMMARY OF SUCH DATA ; (C) ACOPY OF THE QUALITY ASSURANCE AUDIT CONDUCTED FOR THAT CALENDAR QUARTER ; AND
ASUMMARY OF ALL CORRECTIVE ACTIONS TAKENIN RESPONSE TO A FAILED CEM

EQUIPMENT AUDIT

. 

### SUBMISSIONS MADE TOCOMPLY WITHSUBDIVISION (4) OF THIS SUBSECTION SHALL BE MADE NOLATER THANTHIRTY (30) DAYS FOLLOWINGTHE END OF EACH CALENDAR QUARTER

. (e) THE COMMISSIONER MAY EXEMPT AN OWNER OR OPERATOR OF A SOURCE SUBJECT TOTHIS SECTION FROM THE REQUIREMENTS OF THIS SECTIONAS THEY APPLYTOA PARTICULAR AIR POLLUTANT IF SUCH OWNER OR OPERATOR DEMONSTRATES INWRITING, FORTHE COMMISSIONER'S WRITTENAPPROVAL, THAT SUCHSOURCE IS PHYSICALLY INCAPABLE OF VIOLATINGANY APPLICABLE REQUIREMENT FOR SUCH AIR POLLUTANT SET FORTH IN CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATED THEREUNDER

. (f) UPONWRITTEN NOTICE IN THE FORM OF APERMIT OR ORDERTOAN OWNEROR OPERATOR OF ASOURCE GRANTEDAN EXEMPTIONUNDER SUBSECTION (e) OF THIS SECTION, SUCH OWNEROR OPERATOR SHALL INSTALL, OPERATE ANDMAINTAIN CEM EQUIPMENT IN ACCORDANCE WITH SUCH NOTICE IF: ' (1) THE COMMISSIONER DETERMINES THERE IS REPEATED NONCOMPLIANCE WITH SECTION22a-174-18 OF THE REGULATIONS OF CONNECTICUT STATE14



### AGENCIES; (2) OPERATION OF THE SUBJECT SOURCE HAS INTERFEREDWITH OR IS LIKELY TO INTERFERE WITHTHE ATTAINMENT OR MAINTENANCE OF AMBIENT AIR QUALITY STANDARDS, CREATE A HEALTH HAZARD OR CREATE A NUISANCE; OR (3) THE SOURCE HAS BEENALTERED ORTHE OPERATIONS OF THE SOURCE HAVE CHANGED SUCHTHAT SUBSECTION (e) OF THIS SECTION IS NO LONGERAPPLICABLE

.

STATEMENT OF PURPOSE: This amendment serves to (1) incorporate relevant portions of the Department's Continuous Emission Monitoring Guideline; (2) revise overall format for consistencywith current Department and Legislative Commissioner's Office practices; (3) clarify language as necessary; and (4) remove general monitoring equipment operating requirements to a corresponding amendment to Regulations of Connecticut State Agencies section 22a-174-7

.

### Section 22a-174-7 of the Regulations of Connecticut State Agencies is amended to read as

follows : Sec

. 22a-174-7

. [Malfunction of control equipment ; reporting and required continuous emission monitoring equipment for stationary sources, shutdown provisions for combustion efficiency for resources recovery facilities and shutdown and start up plans for resources recovery facilities]

. AIR POLLUTION CONTROL EQUIPMENT AND MONITORING EQUIPMENT OPERATION, [(a) Equipment or methods which control air pollutant emissions froma stationary source and which are necessary to the operation of such stationary source in compliance with applicable emission standards and regulations shall be maintained in operation at all times that the stationary source is in operation or is emitting air pollutants

. This includes instruments required by permit, order or regulation which measure those source operating parameters which affect air pollutant- emissions, air pollution control equipment or other instruments which measure meteorological data required by permit, order or regulation.] fal (1) 

### BREAKDOWN, FAILURE AND DELIBERATE SHUTDOWN

. NEITHER BREAKDOWN, FAILURE NOR DELIBERATE SHUTDOWN OF AIR POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT NOR SUBMISSION OF ANY NOTICE PURSUANT TOTHIS SECTION SHALL EXCUSE THE OWNER OR OPERATOR OF ANY SOURCE FROM THE OBLIGATION TO COMPLY WITHANAPPLICABLE EMISSION LIMITATION OREMISSION STANDARD OR OTHERAPPLICABLE REQUIREMENT

. (2) IF ANOWNER OR OPERATOR OPERATES A STATIONARY SOURCE TO PRODUCE EMISSIONS OF ANAIR POLLUTANT DURING BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF ANY AIR POLLUTION CONTROL EQUIPMENT SOAS TO PRODUCE AN EXCEEDANCE OF ANAPPLICABLE EMISSION LIMITATION OR EMISSION STANDARD, THE OWNER OR OPERATOR SHALL: (A) EXERCISE DUE DILIGENCE TOMINIMIZE EMISSIONS WHILE SUCH CONTROL EQUIPMENT IS INOPERATIVE; (B) CONTINUE THE USE OF MONITORINGEQUIPMENT; AND (C) GIVE NOTICE TOTHE COMMISSIONERAS REQUIRED BY SUBSECTIONS (d) AND (e) OF THIS SECTION

. (b) OPERATION OF AIR POLLUTION CONTROL EQUIPMENT AND MONITORING EQUIPMENT

. (1) -fNo] WHILE A STATIONARY SOURCE IS IN OPERATION, NOperson shall deliberately shut down any [such] OPERATIONAL AIR POLLUTIONcontrol ORMONITORING equipment [, method or other instrument specified in subsection 22a174-7 (a) while the source is in operation except for such necessary maintenance as cannot be accomplished when the stationary source itself is not in operation and is not emitting air pollutants.] OR DELIBERATELY KEEP SUCHAIR POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT SHUT DOWN EXCEPT TO PERFORM

NECESSARY MAINTENANCE, WHICH CANNOT BE ACCOMPLISHED WHENTHE STATIONARY SOURCE ITSELF IS NOT IN OPERATIONAND IS NOT EMITTING AIR POLLUTANTS

. 

### (2) NOTWITHSTANDING SUBDIVISION (1) OF THIS SUBSECTION, A SOURCE OWNER OR OPERATOR MAY DELIBERATELY SHUT DOWNAIR POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT WHILE THE SOURCE IS IN OPERATION IF :
. (A) THE OWNER OR OPERATOR IS NOT REQUIREDTOOPERATE SUCH EQUIPMENT BY

. A PERMIT, ORDER OR REGULATION ; (B) THE SOURCE IS IN COMPLIANCE WITHAPPLICABLE EMISSION LIMITATIONS ANDEMISSION STANDARDS WHILE TIE AIR POLLUTION CONTROL EQUIPMENT IS SHUT DOWN ; AND 

### (C) EMISSIONS RELEASEDWHILE MONITORING EQUIPMENT THAT' MEASURES SUCH EMISSIONS IS DELIBERATELY SHUT DOWNARE NOT USED TOCALCULATE CREDITS GENERATED INAN EMISSIONS CREDIT TRADING PROGRAM

. [(c) In the case ofbreakdown, failure, or deliberate shutdown of any control equipment, method or other instrument specified in subsection 22a-174=7 (a) during which time the stationary source will be in operation, all reasonable measures shall be taken to assure resumption ofcontrol as soon as possible

. Due diligence shall be exercised to minimize emissions while the control equipment or method is inoperative

. In the event such shutdown of control equipment or methods is expected or may reasonably be expected to continue for longer than 72 hours, and if the source is to be operated at any time during that period, the Commissioner shall be notified promptly except that for a resources recovery facility such time period shall be 24 hours

. Such notice shall include, but is not limited to, the following:]


### NOPERSON MAY TAMPERWITH, RENDER INACCURATE OR RENDER INOPERABLE ANY AIR POLLUTION CONTROL EQUIPNIENT ORMONITORING EQUIPMENT REQUIRED BY PERMIT, ORDER ORREGULATION

. [(c)]W IF ANY BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF AIR POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT REQUIRED BY PERMIT, ORDEROR REGULATION CONTINUES FOR MORE THANTWENTY-FOUR (24) HOURS ANDTHE SOURCE OPERATES AT ANY TIME AFTERTHE EXPIRATION OF TWENTY-FOUR HOURS ANDDURING SOURCE OPERATIONAFTERTHE BREAtDOWN, FAILURE OR DELIBERATE SHUTDOWNAN EXCEEDANCE OF AN EMISSION LIMITATION OR STANDARD OCCURS, THE OWNER OR OPERATOR

### SHALL SUBMIT AWRITTEN NOTICE TOTHE COMMISSIONER POSTMARKED

WITHINTEN (10) DAYS OF THE COMMENCEMENT OF THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN

. SUCHWRITTEN NOTICE SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING : (1) Identification ofthe specific AIR POLLUTION CONTROL OR MONITORING equipment [or instrument taken out, or to be taken out, of service] SUBJECT TOTHE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN, as well as INFORMATIONCONCERNINGits location, and, where applicable, registration or permit number; [(2) The expected length of time that the air pollution control equipment or instrument will be out of service;] 

### THE DATE, TIME, DURATION, EXPLANATIONAND DESCRIPTION OF EACH BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF THE AIR POLLUTION CONTROL OR MONITORINGEQUIPMENT; (3) The nature and quantity [of emissions] ofair pollutants [likely to be] emitted during the [shutdown] period

.THAT THE POLLUTION CONTROL OR MONITORING EQUIPMENT IS NOT OPERATING ; 

### (4) IDENTIFICATION OF DATES OF INSPECTIONAND MAINTENANCE OF THE SUBJECT EQUIPMENT PRIOR TOTHE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN INCLUDINGA DESCRIPTION OF INSPECTION FINDINGS AND ANY MAINTENANCE CONDUCTED; (5) A DESCRIPTION OF ALL MEASURES THAT THE OWNER OR OPERATOR HAS TAKENORWILL TAKE TORESUME OPERATION OF THE AIR POLLUTION CONTROL ORMONITORING EQUIPMENT; AND [(4)](6) [Measures such as the use of off-shift labor and equipment that will be taken] A DESCRIPTION OF ALL MEASURES TAKENAND CONTINUINGTOBE TAKEN to minimize the length of the shutdown period SUCHAS THE USE OF OFF-SHIFT LABORAND EQUIPMENT

.

. [(5) The reasons that it would be impossible or impractical to shut down the stationary source operation during the maintenance period.]
IMMEDIATE NOTIFICATION

. 

### (1) THE OWNER OR OPERATOR SHALL NOTIFY THE DEPARTMENT, BUREAU OF AIR MANAGEMENT, COMPLIANCE AND FIELD OPERATIONS DIVISION, AS REQUIRED BY SUBDIVISION (2) OF THIS SUBSECTION IF, AT THE TIME OF DISCOVERY OF ANY BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN

### OF AIR POLLUTION CONTROL OR MONITORING EQUIPMENT REQUIRED TO

BE OPERATED BY PERMIT, ORDER OR REGULATION : (A) THE OWNER OR OPERATOR REASONABLY EXPECTS THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWNTOCONTINUE FOR MORE THAN 24 HOURS; AND (B) THE OWNER OR OPERATORANTICIPATES OPERATINGTHE SOURCE AT ANYTIME AFTER THE EXPIRATION OF TWENTY-FOUR HOURS

. (2) NOTIFICATION TO COMPLY WITHTHIS SUBSECTION SHALL BE MADE BY TELEPHONE, ELECTRONIC MAIL, FACSIMILE OR IN PERSON IMMEDIATELY AFTERTHE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN IS DISCOVERED ORIN THE EXERCISE OF REASONABLE CARE SHOULD HAVE BEEN DISCOVERED, AND IN NO CASE SHALL SUCH NOTICE BE MADE LATER THANTWO(2) BUSINESS DAYS AFTER SUCH BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN

. [(d)]~f [The Commissioner may attach conditions to the operation of the stationary source during the period of shutdown or breakdown.] EXCEPT AS PROVIDED IN SUBSECTION (g) OF THIS SECTION, COMPLIANCE WITHTHE NOTICE REQUIREMENTS OF SUBSECTIONS (d) AND (e) OF THIS SECTIONORTHE OPERATION REQUIREMENTS OF SUBSECTION (b) OF THIS SECTIONSHALL NOT RELIEVE THE OWNEROR OPERATOR FROM

COMPLYINGWITH ALL APPLICABLE EMISSION LIMITATIONS AND EMISSION STANDARDS

. THE COMMISSIONER MAYTAKE ANY ENFORCEMENT ACTION, INCLUDING REQUIRINGTHE OWNEROR OPERATORTO CEASE OPERATION OF THE STATIONARY SOURCE, ORATTACHANY CONDITION TOTHE OPERATION OF THE STATIONARY SOURCE DURINGTHE PERIOD OF ANY BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF AIR POLLUTION CONTROL ORMONITORING EQUIPMENT

. NOTHINGIN THIS SECTIONORANY NOTICE SUBMITTED PURSUANT TOTHIS SECTIONSHALL PRECLUDE THE COMMISSIONER FROM TAKINGANYACTIONAUTHORIZED BY LAW TO PROTECT HUMANHEALTHANDTHE ENVIRONMENT

. (g) AN OWNEROR OPERATOR OF A STATIONARY SOURCE IS EXEMPT FROM THE NOTIFICATION REQUIREMENTS OF SUBSECTIONS (d) AND (e) OF THIS SECTION IF: 

### (1) THE OWNEROR OPERATOR HOLDS A VALID TITLE VPERMIT FORTHE STATIONARY SOURCE ISSUED BY THE DEPARTMENT; OR (2) THE OWNEROR OPERATOR DELIBERATELY SHUTS DOWNAIR POLLUTION CONTROL ORMONITORING EQUIPMENT IN ACCORDANCE WITH SUBSECTION (b)(2) OF THIS SECTION

.

. .[(e) In addition to the requirements of subsections (a) through (d) of Section

22a-174-7 for stationary sources, the owner or operator of any resources recovery facility shall implement the provisions of the source shutdown and start up plan approved by the Commissioner under subsection 22a-174-7(g) ifthe continuous emission monitoring equipment for combustion efficiency experiences a breakdown, failure or deliberate shutdown

. 

### (f) Combustion efficiency for resources recovery facilities

. For the purposes ofthis subsection the combustion efficiency shall be calculated as specified in Section 22a-174-1 or in accordance with the procedures and methods approved by the Commissioner in the source shutdown and start up plan as required by subsection 22a-174-7 (g)

. (1) The resources recovery facility will be in compliance with the provisions of this subsection when the combustion efficiency is equal to or greater than 99.90%unless the Commissioner requires a different combustion efficiency for this subdivision as part of a permit to construct or permit to operate

. (2) When the combustion efficiency is less than the level required pursuant to subdivision 22a-174-7 (f) (1) for more then a total of seventy-two (72) hours in any thirty (30) consecutive days the owner or operator shall provide the Commissioner with an engineering evaluation within thirty (30) days of the occurrence of the final hour of such combustion efficiency detailing the cause or reasons for not meeting such combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made

. (3) When the combustion efficiency is less than the level required pursuant to subdivision 22a-174-7 (f) (1) for more than a total oftwo hundred and sixteen (216) hours in any ninety (90) consecutive day period the owner or operator shall performa stack test for dioxin emissions within forty-five (45) days ofthe occurrence of the final hour of such combustion efficiency

. In addition, the owner or operator shall provide the Commissioner with an engineering evaluation within thirty (30) days of the date of the stack test required under this subdivision detailing the cause or reasons for not meeting such combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made

. (4) The resources recovery facility will be in compliance with the provisions ofthis subdivision when the combustion efficiency is equal to or greater than 99.5% unless the Commissioner requires a different combustion efficiency for this subdivision as part of a modified permit to operate

. When the combustion efficiency is less than the level required under this subdivision for more then a total of seventy-two (72) hours in any thirty consecutive days the owner or operator shall performa stack test for dioxin emissions within forty-five (45) days of the occurrence of the final hour of such combustion efficiency

. In addition, the owner or operator shall provide the Commissioner with an engineering evaluation within thirty (30) days of the date of the stack test required under this subdivision detailing the cause or reasons for notmeeting such combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made

. If after two (2) consecutive stack tests the owner or operator demonstrates to the Commissioner's satisfaction that the source complies with applicable dioxin emission standards contained in a permit to construct or a permit to operate, then the owner or operator may request the Commissioner to modify the source's permit to operate and to revise the combustion efficiency requirement in this subdivision

. (5) The resources recovery facility will be in compliance with the provisions of this subdivision when the combustion efficiency is equal to or greater than 99.0%

. When the combustion efficiency is less than the level required under this subdivision for each of any three (3) consecutive hours, the owner or operator shall institute the source shutdown provisions of the source shutdown and start up plan and provide any notices to the department pursuant to the source shutdown and start up plan required under subsection 22a-174-7(g)

. After the owner or operator has provided the department with information detailing the cause or reasons for not meeting the combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made the source may institute start up procedures in accordance with the approved source shutdown and start up plan

. 

### (g) Shutdown and start up plans for resources recovery facilities

. The owner or operator of any resources recovery facility shall make and submit for the Commissioner's approval a comprehensive source shutdown and start up plan

. At a minim um, this plan shall include information required in subdivisions (1) through (5) ofthis subsection

. For any resources recovery facility which has a permit to construct issued under section 22a-174- 3 prior to the effective date ofthis subsection the plan must be submitted within ninety (90) days of the effective date of this subsection

. For any resources recovery facility which has a permit to construct issued under Section 22a-174-3 after the effective date ofthis subsection the plan must be submitted and approved as part of the permit to operate required under subsection 22a-174-3 (f)

. (1) Adescription of how the hourly average combustion efficiency ofthe resources recovery facility will be determined including the substances to be monitored and the formulas to be used to calculate the combustion efficiency ifthe determination is different than that specified in the definition of combustion efficiency in Section 22a-174-1

. (2) Adescription of the continuous emission monitors to be used to determine combustion efficiency, to record temperatures and to monitor the operation-of appropriate source operating parameters and required air pollution control devices alongwith any required meteorological instruments

. (3) Adescription of the procedures to be followed each time the resources recovery facility will begin operation

. (4) A description of the procedures to be followed each time the resources recovery facility 'Must shutdown

.

### (5) A description of procedures or methods to be employed in the event that the

continuous emission monitoring equipment used to determine combustion efficiency malfunctions

. This may include the use of backup or redundant monitors or surrogate methods.] STATEMENT OF PURPOSE: This amendment streamlines environmental regulation by eliminating requirements that are redundant of Regulations of Connecticut State Agencies section 22a-174-12 and section 22a-174-38; and clarifies requirements for air pollution control equipment and monitoring equipment in conjunction with a corresponding amendment to section 22a-174-4

. Theamendment also clarifies the notification, reporting and compliance requirements ofthe section

.