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[,] AND reporting [and 

authorization of inspection of "air pollution" "sources."] 

(a) ["Source" Monitoring. ] DEFINITIONS. FOR THE 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 determinin g compliance 

with applicable regulations when such "source" can be demonstrated, to the satisfaction of the 

"commissioner," to be physically incapable of violating such regulations.] 

"CALENDAR QUARTER" MEANS A CONSECUTIVE THREE (3) MONTH PERIOD 

(NONOVERLAPPING) BEGINNING ON JANUARY 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 

BURNING EQUIPMENT 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 IN 
SUBDIVISIONS (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 SUBDIVISION shall install[, 

maintain and operate a smoke and "opacity" monitor approved] OPACITY CEM 

EQUIPMENT. THE OWNER OR OPERATOR SHALL OPERATE AND 

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 WITH A MAXIMUM RATED HEAT INPUT GREATER 

THAN OR EQUAL TO two hundred fifty million [(250,000,000) "BTU"] 

BTU per hour (250,000,000 BTU/HRZ [or more]; 

["Incinerators"] ANY INCINERATOR WITH [having] a maximum rated 

input in excess of two 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 EXCEEDING twenty-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 

any single family home on or before May 1, 19751 provided THAT SUCH 

SPACE HEATER DOES NOT COMBUST [only anthracite] coal with a 

sulfur content [of less than] GREATER THAN OR EQUAL TO THREEQUARTERS 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] GREATER THAN 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[.], PROVIDED THAT SUCH COAL 

BURNING EQUIPMENT DOES NOT COMBUST COAL WITH A 

SULFUR CONTENT EXCEEDING ONE AND ONE-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, steam locomotives, and steamboats . 

[provided, however, that said "sources" do not burn fuel which contains 

sulfur in excess of one and one-half percent (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 

BURNING EQUIPMENT, 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] A calendar year. [ . The 

"Commissioner" may request such proof and reports of operations as he 

deems necessary.] FOR THE PURPOSE OF THIS SUBPARAGRAPH, 

THE TERM "OPERATING" SHALL NOT INCLUDE EMISSIONS 

TESTING OR OPERATING ONLY TO MAINTAIN RELIABILITY IN 

EMERGENCY SITUATIONS ; AND 

[(ii) Gas turbines] TURBINES COMBUSTING NATURAL GAS, LIQUID 

FUEL OR A M1XTURE OF LIQUID FUEL AND NATURAL GAS 

[equipped with 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 

AND OPACITY LIMITATIONS SET FORTH IN 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 of purchase 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 TO ASCERTAIN 

THE APPLICABILITY OF SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION. AN 

OWNER OR OPERATOR SHALL DELIVER SUCH DOCUMENTATION TO THE 

COMMISSIONER WITHIN THIRTY (30) DAYS OF RECEIPT OF SUCH A 

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 OWNER OR OPERATOR THAT CLAIMS SUBSECTION (b)(1) OF .THIS 

SECTION IS NOT APPLICABLE BY VIRTUE OF COMPLIANCE WITH 

SUBSECTIONS (b)(2) OR (b)(3) OF THIS SECTION SHALL, UPON NOTICE FROM 

THE COMMISSIONER, INSTALL, OPERATE AND MAINTAIN OPACITY CEM 

EQUIPMENT ACCORDING TO THIS SECTION, AND COMPLY WITH 

SUBSECTIONS (c) AND (d) OF THIS SECTION, IF THE COMMISSIONER FINDS: 

(A) REPEATED NONCOMPLIANCE WITH SECTION 22a-174-18 OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES HAS OCCURRED; 

) NONCOMPLIANCE WITH THE REQUIREMENTS, LIMITATIONS OR . 

RESTRICTIONS SET FORTH IN SUBDIVISIONS (2) OR (3) OF THIS 

SUBSECTION HAS OCCURRED; 

(C) OPERATION OF THE SUBJECT SOURCE HAS INTERFERED WITH OR IS 

LIKELY TO INTERFERE WITH THE 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 NEEDED TO DETERMINE 

COMPLIANCE WITH CHAPTER 446c OF THE CONNECTICUT GENERAL 

STATUTES AND REGULATIONS PROMULGATED THEREUNDER. 

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

BE IN THE FORM OF A PERMIT OR ORDER AND SHALL SPECIFY 

REQUIREMENTS FOR OPACITY CEM EQUIPMENT INSTALLATION AND 

OPERATION INCLUDING A 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 of his 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) of this 

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, from time 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 

of the 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 "stationary sources" which must meet the requirements of 

Appendix P of 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 of Title 40 

Code of Federal 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 of Title 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" being monitored 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 if the "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 of any monitoring equipment in no way relieves the owner or "operator" of any 

"source" from the responsibility to comply with applicable "air pollutant" "emission" regulations or 

standards. 

(e)(5) It shall be a violation of these 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 of his credentials 

may: 

(i) Ater at all reasonable times upon any public or private property, except a private 

residence, for the purpose of inspection and investigation to ascertain possible 
violations 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, FOR A SOURCE 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 CHAPTER 446c OF THE CONNECTICUT 

GENERAL STATUTES AND REGULATIONS PROMULGATEDTHEREUNDER, 

THE COMMISSIONER MAY REQUIRE, BY WRITTEN NOTICE TO THE OWNER 

OR OPERATOR OF SUCH SOURCE, THE INSTALLATION AND OPERATION OF 

CEM EQUIPMENT. SUCH WRITTEN -NOTICE SHALL BE IN THE FORM OF A 

REGULATION, PERMIT OR ORDER AND SHALL INCLUDE REQUIREMENTS FOR 

INSTALLATION AND OPERATION INCLUDING A DAY BY WHICH SUCH 

INSTALLATION AND OPERATION IS TO COMMENCE. 

(2) IF THE COMMISSIONER DETERMINES THAT CEM EQUIPMENT IS NOT 

REASONABLY AVAILABLE FOR A SOURCE OF AIR POLLUTION, THE 

COMMISSIONER MAY, BY WRITTEN NOTICE, REQUIRE THE OWNER OR 

OPERATOR OF SUCH SOURCE TO COMPLY WITH AN ALTERNATIVE 

MONITORING TECHNIQUE OR CONDUCT INTERMITTENT STACK TESTING TO 

VERIFY THE SOURCE IS IN COMPLIANCE WITH CHAPTER 446c OF THE 

CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATED 

THEREUNDER. SUCH WRITTEN NOTICE SHALL BE IN THE FORM OF A 

REGULATION, PERMIT OR ORDER AND SHALL INCLUDE THE REQUlRMENTS 

FOR SUCH ALTERNATIVE MONITORING OR TESTING INCLUDING A DAY BY 

WHICH SUCH ALTERNATIVE MONITORING OR TESTING IS TO COMMENCE. 

(3) MONITORING PLAN. UNLESS OTHERWISE SPECIFIED BY PERMIT OR ORDER 

OF THE COMMISSIONER, THE OWNER OR OPERATOR OF ANY SOURCE FOR 

WHICH CONSTRUCTION COMMENCED ON OR AFTER THE EFNECT1VE DATE 

OF THIS AMENDMENT TO THIS SECTION WHO IS REQUIRED TO INSTALL, 

OPERATE AND MAINTAIN OPACITY CEM EQUIPMENT PURSUANT TO 

SUBSECTION (b) OF THIS SECTION OR GASEOUS OR OPACITY CEM 

E~UIPMENT PURSUANT TO SUBDIVISION (1) OF THIS SUBSECTION SHALL 

SUBMIT TO THE COMMISSIONER FOR APPROVAL, AT LEAST SIXTY (60) DAYS 
BEFORE THE INITIATION OF THE PERFORMANCE SPECIFICATION TESTING 

REQUIRED BY SUBDIVISION (4) OF THIS SUBSECTION, A MONITORING PLAN 

CONTAINING THE 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 OR TYPES OF EMISSION CONTROL DEVICES, AND 

OPERATIONAL PARAMETERS; 

) A DESCRIPTION OF THE MONITORING EQUIPMENT DESIGN, 

PROPOSED MONITOR LOCATION AND SAMPLING SITE LOCATION. 

THIS DESCRIPTION SHOULD INCLUDE, BUT IS NOT LIMITED TO, 

FACILITY SCHEMATICS AND ENGINEERING DRAWINGS OF THE 

MONITORING AND SAMPLE PROBE LOCATIONS, DATA ACQUISITION 

SYSTEM SPECIFICATIONS, ANALYTICAL MONITORING TECHNIQUE 

AND SAMPLING SYSTEM DESIGN; 

(C) AN EXPLANATION OF THE PERFORMANCE SPECIFICATION TESTING 

TO BE CONDUCTED BY THE OWNER~OR OPERATOR AS REQUIRED BY 

SUBDIVISION (4) OF THIS SUBSECTION; AND 

) A QUALITY ASSURANCE PLAN INCLUDING PROCEDURES FOR 

CALIBRATION, CALIBRATION DRIFT DETERMINATION AND 

ADJUSTMENT, PREVENTATIVE MAINTENANCE, DATA RECORDING, 

CALCULATION, AUDITS AND CORRECTIVE ACTION FOR MONITORING 

SYSTEM BREAKDOWNS. 

(4) PERFORMANCE SPECIFICATIONS AND QUALITY ASSURANCE 

REQUIREMENTS. THE OWNER OR OPERATOR OF ANY SOURCE REQUIRED TO 

INSTALL, OPERATE AND MAINTAIN CEM EQUIPMENT PURSUANT TO THIS 

SECTION SHALL MEET THE FOLLOWING PERFORMANCE SPECIFICATIONS 

AND QUALITY ASSURANCE REQUIREMENTS : 

(A) THE APPLICABLE PERFORMANCE SPECIFICATIONS AND QUALITY 

ASSURANCE REQUIREMENTS OF 40 CFR 60 APPENDICES B AND F, 

UNLESS- THE SOURCE IS SUBJECT TO 40 CFR 75, IN WHICH 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) CALIBRATION SHALL BE ADJUSTED WHENEVER THE DAILY 
ZERO OR UPSCALE CALIBRATION EXCEEDS PLUS/MINUS TWO 

PERCENT (±2%) OPACITY, 

(ii) DATA SHALL BE INVALID FOR CALCULATING DATA 

AVAILABILITY IN ACCORDANCE WITH SUBDIVISION (5) OF 

THIS SUBSECTION IF THE ZERO OR UPSCALE CALIBRATION 

VALUE EXCEEDS EITHER THE REFERENCE ZERO OR THE 

UPSCALE CALIBRATION VALUE RECORDED DURING THE 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 ON ANY SINGLE 

DAY. THE PERIOD OF INVALID DATA BEGINS WITH EITHER 

THE FIFTH CONSECUTIVE OCCURRENCE OF A DRIFT VALUE 

EXCEEDING PLUS/MINUS TWO PERCENT (±2%) OPACITY OR 

WITH THE LAST DAILY CHECK PRECEDING THE SINGLE 

OCCURRENCE OF A DRIFT VALUE EXCEEDING PLUS/MINUS 

FIVE PERCENT (±5%) OPACITY. THE PERIOD OF INVALID DATA 

SHALL END WHEN A CALIBRATION DRIFT CHECK, 

CONDUCTED AFTER CORRECTIVE ACTION, DEMONSTRATES 

, THAT RELIABLE MONITORING DATA IS BEING GENERATED, 

(iii) QUALITY ASSURANCE AUDITS SHALL BE CONDUCTED DURING 

EACH CALENDAR QUARTER IN WHICH TIE SOURCE . 

OPERATES; 

(iv) THE COMMISSIONER SHALL BE NOTIFIED, IN WRITING, NO 

FEWER THAN THIRTY (30) DAYS PRIOR TO THE INTTIALLY 

PROPOSED QUALITY ASSURANCE AUDIT, AND 

(v) QUALITY ASSURANCE AUDITS SHALL BE CONDUCTED IN 

ACCORDANCE WITH THE PROCEDURES CONTAINED IN 

"PERFORMANCE AUDIT PROCEDURES FOR OPACITY 

MONITORS," EPA DOCUMENT NO. 450/4-92/010, DATED APRIL 

1992. IF EPA PROMULGATES QUALITY ASSURANCE 

PROCEDURES IN 40 CFR 60, APPENDIX F, QUALITY ASSURANCE 

AUDITS SHALL BE CONDUCTED ACCORDING 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 CONTAIN AUDIT 

PROCEDURES FOR THE OPACITY CEM SELECTED BY THE 

OWNER OR OPERATOR, THE OWNER OR OPERATOR SHALL, IN 

WRITING, PROPOSE AUDIT PROCEDURES TO THE 

COMMISSIONER FOR REVIEW AND WRITTEN APPROVAL AT 

LEAST THIRTY (30) DAYS PRIOR TO THE INITIAL OPACITY CEM 

AUDIT; AND 
10 

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

CONFORM TO THE QUALITY ASSURANCE REQUIREMENTS OF 

SUBPARAGRAPH (B) OF THIS SUBDIVISION, SUCH OPACITY CEM 

DATA SHALL BE DEEMED INVALID BY THE COMMISSIONER, AND 

THE OWNER OR OPERATOR WILL BE DEEMED TO HAVE FAILED THE 

QUALITY ASSURANCE AUDIT . DATA COLLECTED AFTER ANY 

FAILED QUALITY ASSURANCE AUDIT SHALL BE INVALID FOR 

CALCULATING PERCENT DATA AVAILABILITY IN ACCORDANCE 

WITH SUBDIVISION (5)(A) OF THIS SUBSECTION. 

DATA AVAILABILITY. 

(A) THE OWNER OR OPERATOR OF ANY SOURCE REQUIRED TO INSTALL, 

OPERATE AND MAINTAIN CEM EQUIPMENT IN ACCORDANCE WITH 

THIS SECTION SHALL MEET THE FOLLOWING DATA AVAILABILITY 

REQUIREMENTS ON AN EMISSION LIMITATION-SPECIFIC BASIS : 

(i) WHILE THE SOURCE IS OPERATING, THE OWNER OR 

, OPERATOR SHALL OPERATE REQUIRED CEM EQUIPMENT 

PURSUANT TO SECTION 22a-174-7(b) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES, AND ALLOWABLE PERIODS 

OF MISSING DATA SHALL APPLY ONLY TO PERIODS OF 

DELIBERATE SHUTDOWN ALLOWED BY SECTION ZZa-I74-7(b) 

OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, 

UNAVOIDABLE SYSTEM MALFUNCTION OR AS OTHERWISE 

PROVIDED UNDER THIS SUBDIVISION, 

(ii) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (B) AND (C) OF 

THIS SUBDIVISION, DATA SHALL BE AVAILABLE FOR NO LESS 

THAN NINETY-FIVE PERCENT (95%) OF THE TOTAL OPERATING 

HOURS OF THE SOURCE IN ANY CALENDAR QUARTER, AND 

(iii) PERCENT DATA AVAILABILITY SHALL BE CALCULATED USING 

THE FOLLOWING EQUATION: 

-W Data Availability= 

WHERE: 

~Unit Operating Time-Monitoring Downtime 

*100 Unit Operating Time 

UNIT OPERATING TIME = TOTAL HOURS OF SOURCE OPERATION AT 

ANY LEVEL DURING THE CALENDAR 

QUARTER. 

MONITORING DOWNTIME = TOTAL HOURS OF SOURCE OPERATION 
11 

AT ANY LEVEL DURING THE CALENDAR 

QUARTER WHERE EITHER NO CEM 

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, IN WRITING, MAY EXEMPT THE OWNER OR 

OPERATOR OF A SOURCE FROM THE MINUrIUM DATA AVAILABILITY 

REQUIREMENTS OF SUBPARAGRAPHS (A)(ii) AND (A)(iii) OF THIS 

SUBDIVISION IF SUCH SOURCE IS EQUIPPED WITH PROPERLY 

OPERATING OPACITY CEM EQUIPMENT, AND THE SOURCE IS 

OPERATED LESS THAN OR EQUAL TO FIVE 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 DATA AVAILABILITY 

REQUIREMENTS OF SUBPARAGRAPHS (A)(ii) AND (A)(iii) OF THIS 

SUBDIVISION IF SUCH SOURCE IS EQUIPPED WITH PROPERLY 

OPERATING GASEOUS CEM EQUIPMENT, AND THE SOURCE IS 

OPERATED LESS THAN OR EQUAL TO THREE HUNDRED THIRTY-SIX 

(336) HOURS IN THE CALENDAR QUARTER. 

) TO OBTAIN AN EXEMPTION UNDER SUBPARAGRAPHS (B) OR (C) OF 

THIS SUBDIVISION, THE OWNER OR OPERATOR OF THE SOURCE 

SHALL SUBMIT THE FOLLOWING INFORMATION TO THE 

COMMISSIONER WITHIN THIRTY (30) DAYS FOLLOWING THE LAST 

DAY OF THE CALENDAR QUARTER FOR WHICH THE EXEMPTION IS 

SOUGHT: 

(i) A REQUEST FOR AN EXEMPTION FOR A SPECIFIED CALENDAR 

QUARTER, 

(ii) THE ACTUAL OPERATING HOURS OF THE SOURCE DURING THE 

CALENDAR QUARTER, 

(iii) THE DURATION OF AND NATURE OF THE CEM EQUIPMENT 

BREAKDOWNS, REPAIRS OR ADJUSTMENTS MADE DURING 

THE CALENDAR QUARTER, AND 

(iv) THE ACTUAL DATA AVAILABILITY ACHIEVED DURING THE 
12 

CALENDAR QUARTER. 

(d) RECORD ]KEEPING AND REPORTING. 

(1) THE COMMISSIONER MAY, BY WRITTEN NOTICE, REQUIRE THE OWNER OR 

OPERATOR OF ANY SOURCE TO CREATE, MAINTAIN AND SUBMIT DATA, 

RECORDS OR REPORTS OF MONITORING DATA AND OTHER INFORMATION 

DEEMED NECESSARY BY THE COMMISSIONER TO EVALUATE 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 BY THE COMMISSIONER. THE WRITTEN NOTICE 

SHALL PROVIDE THE DATE BY WHICH SUCH DATA, RECORDS OR REPORTS 

SHALL BE SUBMITTED TO THE COMMISSIONER. 

(2) ANY DOCUMENT, DATA, PLAN, RECORD OR REPORT REQUIRED TO BE 

SUBMITTED TO THE COMMISSIONER BY THIS SECTION SHALL INCLUDE A 

CERTIFICATION SIGNED BY A RESPONSIBLE *CORPORATE OFFICER OR A 

DULY AUTHORIZED REPRESENTATIVE OF SUCH OFFICER, AS THOSE TERMS 

ARE DEFINED IN SUBDIVISION (2) OF SUBSECTION (b) OF SECTION 22a-430-3 

OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, AND BY THE 

INDIVIDUAL OR INDIVIDUALS REPONSIBLE 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, TN 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." 
13 

(3) THE OWNER OR OPERATOR OF ANY SOURCE SUBJECT TO THE PROVISIONS 

OF CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND 

REGULATIONS ADOPTED THEREUNDER SHALL MAINTAIN ALL DATA, 

DOCUMENTS AND REPORTS REQUIRED BY THIS SECTION IN A 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 TO THIS SECTION SHALL SUBMIT 

THE FOLLOWING INFORMATION TO THE COMMISSIONER: 

(A) THE DATA OBTAINED THROUGH SUCH EQUIPMENT DURING THE 

PRECEDING CALENDAR QUARTER THAT IS REQUIRED TO 

DETERMINE COMPLIANCE WITH AN EMISSION LIMITATION OR 

STANDARD; 

(5) 

) A SUMMARY OF SUCH DATA; 

(C) A COPY OF THE QUALITY ASSURANCE AUDIT CONDUCTED FOR 

THAT CALENDAR QUARTER; AND 

A SUMMARY OF ALL CORRECTIVE ACTIONS TAKEN IN RESPONSE TO 

A FAILED CEM EQUIPMENT AUDIT. 

SUBMISSIONS MADE TO COMPLY WITH SUBDIVISION (4) OF THIS 

SUBSECTION SHALL BE MADE NO LATER THAN THIRTY (30) DAYS 

FOLLOWING THE END OF EACH CALENDAR QUARTER. 

(e) THE COMMISSIONER MAY EXEMPT AN OWNER OR OPERATOR OF A SOURCE 

SUBJECT TO THIS SECTION FROM THE REQUIREMENTS OF THIS SECTION AS THEY 

APPLY TO A PARTICULAR AIR POLLUTANT IF SUCH OWNER OR OPERATOR 

DEMONSTRATES IN WRITING, FOR THE COMMISSIONER'S WRITTEN APPROVAL, 

THAT SUCH SOURCE IS PHYSICALLY INCAPABLE OF VIOLATING ANY APPLICABLE 

REQUIREMENT FOR SUCH AIR POLLUTANT SET FORTH IN CHAPTER 446c OF THE 

CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATED 

THEREUNDER. 

(f) UPON WRITTEN NOTICE IN THE FORM OF A PERMIT OR ORDER TO AN 

OWNER OR OPERATOR OF A SOURCE GRANTED AN EXEMPTION UNDER 

SUBSECTION (e) OF THIS SECTION, SUCH OWNER OR OPERATOR SHALL INSTALL, 

OPERATE AND MAINTAIN CEM EQUIPMENT IN ACCORDANCE WITH SUCH NOTICE 

IF: ' 

(1) THE COMMISSIONER DETERMINES THERE IS REPEATED NONCOMPLIANCE 

WITH SECTION 22a-174-18 OF THE REGULATIONS OF CONNECTICUT STATE 
14 

AGENCIES ; 

(2) OPERATION OF THE SUBJECT SOURCE HAS INTERFERED WITH OR IS LIKELY 

TO INTERFERE WITH THE ATTAINMENT OR MAINTENANCE OF AMBIENT AIR 

QUALITY STANDARDS, CREATE A HEALTH HAZARD OR CREATE A 

NUISANCE; OR 

(3) THE SOURCE HAS BEEN ALTERED OR THE OPERATIONS OF THE SOURCE 

HAVE CHANGED SUCH THAT SUBSECTION (e) OF THIS SECTION IS NO 

LONGER APPLICABLE. 

STATEMENT OF PURPOSE: This amendment serves to (1) incorporate relevant portions of 

the Department's Continuous Emission Monitoring Guideline; (2) revise overall format for 

consistency with 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 from a 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 TO THIS SECTION SHALL EXCUSE 

THE OWNER OR OPERATOR OF ANY SOURCE FROM THE OBLIGATION TO 

COMPLY WITH AN APPLICABLE EMISSION LIMITATION OR EMISSION 

STANDARD OR OTHER APPLICABLE REQUIREMENT. 

(2) IF AN OWNER OR OPERATOR OPERATES A STATIONARY SOURCE TO 

PRODUCE EMISSIONS OF AN AIR POLLUTANT DURING BREAKDOWN, 

FAILURE OR DELIBERATE SHUTDOWN OF ANY AIR POLLUTION CONTROL 

EQUIPMENT SO AS TO PRODUCE AN EXCEEDANCE OF AN APPLICABLE 

EMISSION LIMITATION OR EMISSION STANDARD, THE OWNER OR 

OPERATOR SHALL: 

(A) EXERCISE DUE DILIGENCE TO MINIMIZE EMISSIONS WHILE SUCH 

CONTROL EQUIPMENT IS INOPERATIVE; 

(B) CONTINUE THE USE OF MONITORING EQUIPMENT; AND 

(C) GIVE NOTICE TO THE COMMISSIONER AS 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, NO person shall 

deliberately shut down any [such] OPERATIONAL AIR POLLUTION control OR 
MONITORING 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 SUCH AIR POLLUTION 

CONTROL EQUIPMENT OR MONITORING EQUIPMENT SHUT DOWN EXCEPT 

TO PERFORM NECESSARY MAINTENANCE, WHICH CANNOT BE 

ACCOMPLISHED WHEN THE STATIONARY SOURCE ITSELF IS NOT IN 

OPERATION AND IS NOT EMITTING AIR POLLUTANTS. 

(2) NOTWITHSTANDING SUBDIVISION (1) OF THIS SUBSECTION, A SOURCE 

OWNER OR OPERATOR MAY DELIBERATELY SHUT DOWN AIR POLLUTION 

CONTROL EQUIPMENT OR MONITORING EQUIPMENT WHILE THE SOURCE 

IS IN OPERATION IF : . 

(A) THE OWNER OR OPERATOR IS NOT REQUIRED TO OPERATE SUCH 

EQUIPMENT BY. A PERMIT, ORDER OR REGULATION; 

(B) THE SOURCE IS IN COMPLIANCE WITH APPLICABLE EMISSION 

LIMITATIONS AND EMISSION STANDARDS WHILE TIE AIR 

POLLUTION CONTROL EQUIPMENT IS SHUT DOWN; AND 

(C) EMISSIONS RELEASED WHILE MONITORING EQUIPMENT THAT' 

MEASURES SUCH EMISSIONS IS DELIBERATELY SHUT DOWN ARE 

NOT USED TO CALCULATE CREDITS GENERATED IN AN EMISSIONS 

CREDIT TRADING PROGRAM. 

[(c) In the case of breakdown, 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 of control 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:] 

NO PERSON MAY TAMPER WITH, RENDER INACCURATE OR RENDER 

INOPERABLE ANY AIR POLLUTION CONTROL EQUIPNIENT OR MONITORING 

EQUIPMENT REQUIRED BY PERMIT, ORDER OR REGULATION. 

[(c)]W IF ANY BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF AIR 

POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT REQUIRED BY 

PERMIT, ORDER OR REGULATION CONTINUES FOR MORE THAN TWENTY-FOUR 

(24) HOURS AND THE SOURCE OPERATES AT ANY TIME AFTER THE EXPIRATION 

OF TWENTY-FOUR HOURS AND DURING SOURCE OPERATION AFTER THE 

BREAtDOWN, FAILURE OR DELIBERATE SHUTDOWN AN EXCEEDANCE OF AN 

EMISSION LIMITATION OR STANDARD OCCURS, THE OWNER OR OPERATOR 
SHALL SUBMIT A WRITTEN NOTICE TO THE COMMISSIONER POSTMARKED 

WITHIN TEN (10) DAYS OF THE COMMENCEMENT OF THE BREAKDOWN, FAILURE 

OR DELIBERATE SHUTDOWN. SUCH WRITTEN NOTICE SHALL INCLUDE, BUT IS 

NOT LIMITED TO, THE FOLLOWING: 

(1) Identification of the specific AIR POLLUTION CONTROL OR MONITORING 

equipment [or instrument taken out, or to be taken out, of service] SUBJECT TO THE 

BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN, as well as 

INFORMATION CONCERNING its 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, EXPLANATION AND DESCRIPTION OF EACH 

BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF THE AIR 

POLLUTION CONTROL OR MONITORING EQUIPMENT; 

(3) The nature and quantity [of emissions] of air pollutants [likely to be] emitted during the 

[shutdown] period. THAT THE POLLUTION CONTROL OR MONITORING 

EQUIPMENT IS NOT OPERATING; 

(4) IDENTIFICATION OF DATES OF INSPECTION AND MAINTENANCE OF THE 

SUBJECT EQUIPMENT PRIOR TO THE BREAKDOWN, FAILURE OR 

DELIBERATE SHUTDOWN INCLUDING A DESCRIPTION OF INSPECTION 

FINDINGS AND ANY MAINTENANCE CONDUCTED; 

(5) A DESCRIPTION OF ALL MEASURES THAT THE OWNER OR OPERATOR HAS 

TAKEN OR WILL TAKE TO RESUME OPERATION OF THE AIR POLLUTION 

CONTROL OR MONITORING EQUIPMENT; AND 

[(4)](6) [Measures such as the use of off-shift labor and equipment that will be taken] A 

DESCRIPTION OF ALL MEASURES TAKEN AND CONTINUING TO BE TAKEN 

to minimize the length of the shutdown period SUCH AS THE USE OF OFF-SHIFT 

LABOR AND 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 SHUTDOWN TO CONTINUE 

FOR MORE THAN 24 HOURS ; AND 

(B) THE OWNER OR OPERATOR ANTICIPATES OPERATING THE SOURCE 

AT ANY TIME AFTER THE EXPIRATION OF TWENTY-FOUR HOURS . 

(2) NOTIFICATION TO COMPLY WITH THIS SUBSECTION SHALL BE MADE BY 

TELEPHONE, ELECTRONIC MAIL, FACSIMILE OR IN PERSON IMMEDIATELY 

AFTER THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN IS 

DISCOVERED OR IN THE EXERCISE OF REASONABLE CARE SHOULD HAVE 

BEEN DISCOVERED, AND IN NO CASE SHALL SUCH NOTICE BE MADE 

LATER THAN TWO (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 WITH THE NOTICE REQUIREMENTS OF 

SUBSECTIONS (d) AND (e) OF THIS SECTION OR THE OPERATION REQUIREMENTS 

OF SUBSECTION (b) OF THIS SECTION SHALL NOT RELIEVE THE OWNER OR 

OPERATOR FROM COMPLYING WITH ALL APPLICABLE EMISSION LIMITATIONS 

AND EMISSION STANDARDS. THE COMMISSIONER MAY TAKE ANY 

ENFORCEMENT ACTION, INCLUDING REQUIRING THE OWNER OR OPERATOR TO 

CEASE OPERATION OF THE STATIONARY SOURCE, OR ATTACH ANY CONDITION 

TO THE OPERATION OF THE STATIONARY SOURCE DURING THE PERIOD OF ANY 

BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF AIR POLLUTION 

CONTROL OR MONITORING EQUIPMENT. NOTHING IN THIS SECTION OR ANY 

NOTICE SUBMITTED PURSUANT TO THIS SECTION SHALL PRECLUDE THE 

COMMISSIONER FROM TAKING ANY ACTION AUTHORIZED BY LAW TO PROTECT 

HUMAN HEALTH AND THE ENVIRONMENT. 

(g) AN OWNER OR OPERATOR OF A STATIONARY SOURCE IS EXEMPT FROM 

THE NOTIFICATION REQUIREMENTS OF SUBSECTIONS (d) AND (e) OF THIS 

SECTION IF: 

(1) THE OWNER OR OPERATOR HOLDS A VALID TITLE V PERMIT FOR THE 

STATIONARY SOURCE ISSUED BY THE DEPARTMENT; OR 

(2) THE OWNER OR OPERATOR DELIBERATELY SHUTS DOWN AIR POLLUTION 

CONTROL OR MONITORING 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) if the continuous emission monitoring equipment 

for combustion efficiency experiences a breakdown, failure or deliberate shutdown. 

(f) Combustion efficiency for resources recovery facilities. 

For the purposes of this 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 of two hundred and sixteen (216) hours in any 

ninety (90) consecutive day period the owner or operator shall perform a 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 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 of this 

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 perform a 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 not 
meeting 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 minimum, 

this plan shall include information required in subdivisions (1) through (5) of this subsection. 

For any resources recovery facility which has a permit to construct issued under section 22a-174-

3 prior to the effective date of this 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 of this subsection the plan must 

be submitted and approved as part of the permit to operate required under subsection 22a-174-3 

(f) . 

(1) A description of how the hourly average combustion efficiency of the resources recovery 

facility will be determined including the substances to be monitored and the formulas to be used 

to calculate the combustion efficiency if the determination is different than that specified in the 

definition of combustion efficiency in Section 22a-174-1 . 

(2) A description 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 along with any required 

meteorological instruments. 

(3) A description 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. The amendment also clarifies the notification, reporting and compliance 

requirements of the section.