79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

April 8, 2014

David B. Conroy, Chief 

Air Programs Branch

United States Environmental Protection Agency – Region 1

5 Post Office Square - Suite 100

Boston, MA 02109-3912

Re: Revision to the Connecticut State Implementation Plan for Aboveground Storage 

Tanks

Dear Mr. Conroy:

This package is a revision to the State Implementation Plan (SIP) concerning volatile organic 

compounds (VOC) emissions from large aboveground storage tanks. Pursuant to 40 CFR 51, 

Appendix V, Section 2.1(a) and the April 21, 2011 letter agreement between our two agencies, a 

copy of the final regulation and documentation of the public hearing are provided. An electronic 

copy of this submission has also been mailed to the copy recipients listed below. I certify that 

such copy is an exact copy of this paper submission. 

The Connecticut Department of Energy and Environmental Protection (DEEP) revised 

Regulations of Connecticut State Agencies (RCSA) section 22a-174-20(a) to update the 

requirements for controlling VOC emissions from large aboveground storage tanks. DEEP 

completed the adoption of the regulatory requirements on March 7, 2014. Effective the same 

date, DEEP also made minor revisions to RCSA sections 22a-174-20(b), (c) and (x). All of these 

revisions are elements of this SIP revision and are included in Attachment A.

All required state and federal procedures for public participation were followed, including

satisfaction of the requirements of 40 CFR 51, Appendix V, Section 2. To demonstrate 

satisfaction of the federal public participation requirements, we have enclosed a certified copy of 

the regulatory revisions; the public notice; a list of attendees at the public hearing; certification 

of public hearing; and a hearing report, which summarizes comments received, identifies the 

commenters and describes changes made as a result of the comments. DEEP has the necessary 

legal authority to adopt and implement such requirements as demonstrated in previous SIP 

submissions. The submitted attachments include the following:

Attachment A Revisions to RCSA section 22a-174-20, effective on March 7, 2014, in the form 

filed with the Secretary of the State including revisions required in the 

Legislative Commissioners’ Office report, marked with brackets and underlined 

text to show the changes to the current SIP requirements.
Page 2

David B. Conroy

April 8,2014

Attachment B Publicnotice as published in the Connecticut Law Journal and on the DEEP

website on January 10, 2013.

Attachment C Attendees at the public hearing on Mar~ch 7, 2013, DEEP Headquarters, 79 Elm

Street, Hartford, CT :

Attachment D Certification of public hearing

Attachment E Hearing report

Attachment F Legislative Commissioners’ Office report

If you require additional information or have any questions about this submission, please get in

touch with Robin Baena of the Bureau of Air Management at (860) 424-3196 or

robin.baena@ct.gov.

Sincerely,

Anne R. Gobin

Chief, Bureau of Air Management

cc~ Anne Arnold, EPA Region 1

Robert McConnell, EPA Region 1
Attachment A

Revisions to RCSA section 22a-174-20, effective on March 7, 2014, in the form filed with the 

Secretary of the State, marked with brackets and underlined text to show the changes to the 

current SIP requirements.
R-39 Rev. 08/2012

IMPORTANT: Read

instruction~ on bottom of last page

(Certification Page) before completing

this form. Failure to comply with

instructions may cause disapproval of

proposed regulations

State of Connecticut

REGULATION

of

Page 1 of 15

NAME OF AGENCY " ~’ "

Energy and Environmental Protection

.,,

Concerning

SUBJECT MATTER OF REGULATION :

Amendmen~ of Section 22a-174-20 of the

Regulations of Connecticut State Agencies (RCSA)

Co.ntrol of Organic Compound Emissions

,.

Section 1. Subsection (a) of,section 22a-174-20 of the Regulations of Connecticut State

Agencies is amended to read as follows:

Sec. 22a-174-20. Control of organic compound emissions ,

(a) Storage of ["]volatile organic compounds["] and restrictions for the Reid [Vapor

Pressure] vapor pressure of gasoline.

[(a)](1) Defil~tions. For the purposes of this subsection and subsections (b) and (c) of tiffs

section:

_(A) "Aboveground" means located on or above the surface of the _ground, partially

buried, bunkered or located in a subterranean vault;

"Approved control system" means, a vapor balance system or a vapor recovery

system[.];

"Degassing" means the process of removing organic vapors from a storage tank in

preparation for human entry;

"Delivery vehicle" means a tank truck, tank-equipped trailer, railroad tank car, or

other ["]mobile source["] equipped with a storage ["]tank["] .used for the

transportation of gasoline from ["]sources["] of supply to any stationary storage

["]tank[."];

"Dispensing facility" means any site where gasoline is delivered to motor vehicles

other than agricultural vehicles from any stationary storage ["]tank["] with a

capacity of 250 gallons or more[.];

"Floating roof" means a movable roof in a storage vessel consisting of a floating

deck resting on the surface of the liquid contents, a continuous seal supported

against the inner surface of the tank shell, and an envelope closing the gap

between the floating deck and the seal. The entire deck, seal and envelope

combination is free to rise and fall with the surface of the liquid during filling and

emptying of the storage vessel;
Page 2 of 15

R-39 Rev. 08/2012

(G) “Gasoline” means any petroleum distillate or petroleum distillate and alcohol 

blend [having a reid vapor pressure of four pounds or greater] commercially 

known or sold as “gasoline” and commonly used as [a motor vehicle] an internal 

combustion engine fuel[.]; 

(H) “Gasoline storage tank farm” means a [“premise”] premises with any individual 

[“]gasoline[”] storage [“]tank[”] with a capacity equal to or greater than forty 

thousand (40,000) gallons[.];

(I) “Leak-free” means a condition that exists when the reading on a portable 

hydrocarbon analyzer is less than 500 ppm, expressed as methane, above 

background, measured using EPA Method 21, as identified in 40 CFR Part 60,

Appendix A, Determination of Volatile Organic Compounds Leaks;

(J) “Loading facility” means any combination of equipment located on a premises 

and used to load or unload any VOC with a vapor pressure of 0.75 pounds per 

square inch or greater under standard conditions; 

(K) “Reid [Vapor Pressure] vapor pressure” or “RVP” means the vapor pressure of a 

liquid in pounds per square inch absolute at one hundred (100) degrees fahrenheit 

as determined by American Society for Testing and Materials method [D323-82 

“Standard Method for Vapor Pressure of Petroleum Products (Reid Method).] 

D5191-07 “Standard Test Method for Vapor Pressure of Petroleum Products 

(Mini Method);”

(L) “Roof landing” means the reduction of the liquid level in a floating roof tank so 

that the floating roof is no longer floating on the surface of the stored liquid but is 

resting on its legs or is supported from above by cables or hangers;

(M) "Storage tank" means any tank, reservoir or vessel that is a container for liquids or 

gases, wherein:

(i) No manufacturing process, or part thereof, other than filling or emptying 

takes place, and

(ii) The only treatment carried out is treatment necessary to prevent change 

from occurring in the physical condition or chemical properties of the 

liquids or gases deposited into the container. Such treatment may include, 

but is not limited to, recirculating, agitating, maintaining the temperature 

of the stored liquids or gases, replacing air in the vapor space above the 

stored liquids or gases with an inert gas to inhibit the occurrence of a 

chemical reaction or adding a biocide to prevent microbial growth;

(N) “Throughput” means the number of gallons delivered through all equipment at a 

dispensing facility or a loading facility over a specified time interval[.];

(O) “Underground” means “underground” as defined in section 22a-449(d)-1(a)(2) of 

the Regulations of Connecticut State Agencies;
Page 3 of 15

R-39 Rev. 08/2012

(P) “Vapor balance system” means a combination of pipes or hoses [which] that

creates a closed connection between the vapor spaces of an unloading [“]tank[”] 

and receiving [“]tank[”] such that vapors displaced from the receiving [“]tank[”] 

are transferred to the [“]tank[”] being unloaded and for which the vapor space 

connections on the unloading tank, the receiving tank and the pipes or hoses used 

are equipped with fittings [which] that are vapor-tight and [which] will 

automatically and immediately close upon disconnection so as to prevent the 

release of vapors. [The complete system as a whole and not just the individual 

components shall have been tested and approved by a nationally recognized 

testing laboratory.];

(Q) “Vapor recovery system” means a device or system [of devices with attendant 

valves, fittings, piping, and other appurtenances incorporating a means for the 

incineration of vapors or the liquefaction of vapors by absorption, adsorption, 

condensation or other means. The complete system as a whole and not just the 

individual components shall have been tested and approved by a nationally 

recognized testing laboratory.] that collects vapors to prevent release into the 

atmosphere. Collected vapors are recovered for use or destroyed; and

(R) "Vapor-tight" means not capable of allowing the passage of gases at the pressures 

encountered.

[(a)(2) No “person” shall place, store or hold in any stationary “tank” reservoir or other container 

of more than 40,000 gallons capacity any “volatile organic compound” with a vapor pressure of 

1.5 pounds per square inch absolute or greater under actual storage conditions unless the “tank,” 

reservoir or other container is a pressure “tank” capable of maintaining working pressures 

sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed, and equipped, 

with one of the vapor loss control devices listed in subparagraphs (A) through (D) below. If the 

control devices specified in subparagraphs 22a-174- 20(a)(2)(A) or (a)(2)(D) are used to comply 

with the requirements of this subdivision, then the requirements of subdivision 22a-174-20(a)(8) 

must also be met.]

(2) No owner or operator shall place, store or hold in any aboveground storage tank of 

40,000 gallons (150,000 liters) capacity or greater any VOC with a vapor pressure of 0.75 

pounds per square inch or greater under standard conditions unless the tank is designed and 

equipped with a vapor loss control device identified in either subparagraph (A), (B), (C) or (D) 

of this subdivision.

(A) The tank is a pressure tank capable of maintaining working pressures sufficient at 

all times to prevent vapor or gas loss to the atmosphere;

[(A)](B) [A] The tank is equipped with a fixed roof and a floating roof[, consisting of a 

pontoon type, double deck type roof or internal floating cover, which will rest] 

that rests on the surface of the liquid contents and [be] is equipped with a closure 

seal or seals to close the space between the roof edge and [“]tank[”] wall. This 

control equipment is not permitted if the [“volatile organic compound”] VOC has 

a vapor pressure of 11.0 pounds per square inch absolute (568 mm[.] Hg)[,] or 

greater under [actual storage] standard conditions. [All “tank” gauging or 

sampling devices must be gas-tight except when “tank” gauging or sampling is 
Page 4 of 15

R-39 Rev. 08/2012

taking place.] The owner or operator shall operate and maintain such a tank to 

ensure that:

(i) There are no visible holes, tears or other openings in the seal or any seal 

fabric or materials,

(ii) All openings except stub drains are equipped with covers, lids or seals 

such that:

(I) The cover, lid or seal is in the closed position at all times except 

when in actual use,

(II) Automatic bleeder vents are closed at all times except when the 

roof is being floated off or being landed on the roof leg supports, 

and

(III) Rim vents, if provided, are set to open to the manufacturer's 

recommended setting when the roof is floated off the roof leg 

supports or cables, 

(iii) All tank gauging and sampling devices are vapor-tight except when tank 

gauging or sampling is taking place, and

(iv) No liquid accumulates on the top of the floating roof;

[(B)](C) [A] The tank is equipped with a fixed roof and a [“]vapor recovery system[” 

which collects all volatile organic compound vapors and gases discharged from 

the tank and a vapor return or disposal system which] that is designed and 

operated to [process such vapors so as to] reduce [their emission] emissions of 

VOCs to the atmosphere by at least 95 percent by weight. An owner or operator 

limiting vapor loss according to this subparagraph shall perform the following 

actions no later than ten years after the effective date of this subsection if the tank 

is in existence prior to the effective date of this subsection or by the initial fill date 

if a tank is constructed on or after the effective date of this subsection:

(i) Equip any gauging or sampling device on the tank with a leak-free cover 

that shall be closed at all times, with no visible gaps, except during 

gauging or sampling,

(ii) Maintain the fixed roof in a leak-free condition with no holes, tears or 

uncovered openings,

(iii) Install and maintain each roof opening in a leak-free condition at all times

except when the cover is open for access or when a vent is required to be 

open to relieve excess pressure or vacuum in accordance with the 

manufacturer’s design, and

(iv) Once per month, demonstrate compliance with this subsection by 

inspecting the fittings located on the roof, piping, pressure relief valves 

and all other valves to ensure they are leak-free using EPA Method 21 or 
Page 5 of 15

R-39 Rev. 08/2012

using another method approved by the commissioner and the 

Administrator; or

[(C)](D) [Other] The tank is equipped with other equipment or means of air pollution 

control with an efficiency equal to or greater than that required under 

subparagraph [22a-174-20(a)(2)(B)] (C) of this subdivision [for purposes of “air 

pollution” control as may be] that is approved by the [“Commissioner”] 

commissioner [by] in a permit or order, where such permit or order has been 

approved by the Administrator.

[(D) On or after June 1, 1985 a floating roof, consisting of a pontoon type, double deck 

type roof or external floating cover, which will rest on the surface of the liquid 

contents and be equipped with primary and secondary closure seals to close the 

space between the roof edge and the tank wall. This control equipment is not 

permitted if the volatile organic compound has a vapor pressure of 11.0 pounds per 

square inch absolute (568 mm. Hg), or greater under actual storage conditions. All 

tank gauging or sampling devices must be gas-tight except when tank gauging or 

sampling is taking place. The owner or operator of any tank subject to this provision 

shall ensure that:

(i) Any seal is intact and uniformly in place around the circumference of the floating 

roof between the floating roof and the tank wall;

(ii) The total area of gaps, determined in accordance with the requirements of 

subdivision 22a-174-20(a)(9), exceeding 0.125 inches in width between the 

secondary closure seal and the tank wall does not exceed 1.0 square inch per foot of 

tank diameter;

(iii) A secondary closure seal gap measurement as specified in (ii) above is made 

annually;

(iv) A visual inspection of the secondary closure seal is conducted semi-annually;

(v) Any emergency roof drain is provided with a slotted fabric cover which covers at 

least ninety percent (90%) of the area opening.] 

(3) An owner or operator limiting vapor loss in accordance with subdivision (2)(B) of this 

subsection shall conduct inspections as follows: 

(A) Once per month visually inspect the floating roof deck, deck fittings and rim seal 

system through the roof hatches of the fixed roof to determine compliance with 

the requirements of subdivision (2)(B) of this subsection; and 

(B) Whenever the tank is emptied and degassed, but no less than once every 10 years, 

conduct an inspection from within the tank by:

(i) Visually inspecting the floating roof deck, deck fittings and rim seal system 

to determine compliance with the requirements of subdivision (2)(B) of this 

subsection and ensure that the seal between the floating roof and the tank 

wall is uniform, and
Page 6 of 15

R-39 Rev. 08/2012

(ii) Physically measuring gaps between any deck fitting gasket, seal or wiper 

and any surface that such gasket, seal or wiper is intended to seal. Gaps shall 

not exceed 0.125 inches.

(C) The inspection specified in subparagraph (B) of this subdivision may be 

performed entirely from the top side of the floating roof as long as there is visual 

access to all deck components specified in subdivision (2)(B) of this subsection.

(4) For any tank subject to subdivision (2) of this subsection, if any piping, valves, vents, 

seals, gaskets or covers of roof openings are found to have defects or visible gaps or the VOC 

control requirements of this subsection are not met, the owner or operator shall:

(A) If the tank is not storing liquid, complete repairs or replacements prior to filling 

the tank;

(B) If the tank is storing liquid, complete repairs or replacements or remove the tank 

from service within 45 days after discovery of the defect or visible gap. If the 

owner or operator anticipates that a repair or replacement cannot be completed or 

the tank cannot be emptied within such 45 day period, the owner or operator shall 

notify the commissioner prior to the end of such 45 day period. The owner or 

operator shall make repairs or completely empty the tank as soon as possible; and

(C) Any evidence of leakage as described in this subsection shall also be treated as a 

malfunction of control equipment as described in section 22a-174-7 of the 

Regulations of Connecticut State Agencies. 

[(a)(3)](5) No [“]person[”] shall place, store, or hold in any stationary storage vessel of more 

than 250-gallon (950 liter) capacity any [“volatile organic compound”] VOC with a vapor 

pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard

conditions unless such vessel is equipped with a permanent [“]submerged fill pipe[” with a 

discharge point eighteen (18) inches or less from the bottom of the storage vessel] or is a 

pressure [“]tank[”] as described in subdivision [22a-174-20(a)(2)] (2)(A) of this subsection. 

Submerged fill pipes installed on or prior to the effective date of this subsection shall have a 

discharge point no more than 18 inches from the bottom of the storage tank or be compliant with 

the requirements of 40 CFR 63 Subpart CCCCCC. Submerged fill pipes installed after the 

effective date of this subsection shall have a discharge point no more than six inches from the 

bottom of the storage tank.

[(a)(4)](6) The provisions of subdivision [22a-174-20(a)(3)] (5) of this subsection shall not apply 

to the following:

(A) [loading] Loading of [“volatile organic compounds”] VOCs into any storage 

vessel having a capacity of less than one-thousand (1,000) gallons [which was] 

installed prior to June 1, 1972[,];

(B) [nor to any] Any underground storage vessel installed prior to June 1, 1972, 

where the fill pipe between the fill connection and the storage vessel is an 

[“]offset fill pipe[.”]; or
Page 7 of 15

R-39 Rev. 08/2012

(C) Any aboveground storage tank equipped with a floating roof.

(7) The external surfaces of any storage tank containing VOCs with a vapor pressure of 0.75 

pounds per square inch or greater under standard conditions that has a maximum capacity of 

2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun shall be either millfinished aluminum or painted and maintained white upon the next painting of the tank, or upon 

being returned to service after being out of service for the first time after the effective date of this 

subsection, whichever is sooner, and no less than 10 years after the effective date of this 

subsection, except the requirement to use mill-finished aluminum or white paint shall not apply 

to words and logograms applied to the external surface of the storage tank for purposes of 

identification provided such symbols do not cover more than 20 percent of the external surface 

area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is 

less.

(8) When performing a roof landing of a floating roof tank, the owner or operator of any tank 

shall:

(A) When the roof is resting on its leg supports or suspended by cables or hangers, 

empty and refill the tank as a continuous process; and

(B) After the tank is degassed for the first time after the effective date of this 

subsection, any in-service roof landing shall be with the landed height of the 

floating roof at its minimum setting.

(9) An owner or operator of an aboveground storage tank shall perform degassing and 

cleaning as set out in this subdivision.

(A) Beginning with the first June 1 after the effective date of this subsection, an 

owner or operator shall not perform degassing of any aboveground storage tank 

subject to subdivision (2) of this subsection during the period from June 1 through 

August 31 of any calendar year, except as provided in subparagraph (B) of this 

subdivision. 

(B) Notwithstanding subparagraph (A) of this subdivision, an owner or operator may 

degas an aboveground storage tank at any time for the purpose of performing a 

repair that is necessary for safe and proper function of the tank. An owner or 

operator shall notify the commissioner when a tank is emptied and degassed under 

this subparagraph within 72 hours of completing the degassing and repair. Such 

notification shall be submitted to the Compliance Assistance and Coordination 

Unit of the Bureau of Air Management and shall include the following 

information:

(i) Identification of the facility and the tank degassed,

(ii) Identification of the VOC stored,

(iii) An explanation of the need to degas the tank during the period from June 1 

through August 31,
Page 8 of 15

R-39 Rev. 08/2012

(iv) The date the owner or operator determined that degassing and repair 

would be necessary, 

(v) The dates that degassing commenced and was completed, and

(vi) The date that inspection, repair and refilling was or is anticipated to be 

completed.

(C) An owner or operator shall clean an aboveground storage tank subject to 

subdivision (2) of this subsection using one or more of the following methods:

(i) Using any of the following cleaning agents:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees 

Fahrenheit,

(III) A solvent with a vapor pressure less than 0.5 pounds per square 

inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner and the 

Administrator, or

(ii) Steam cleaning.

(10) Records. 

(A) An owner or operator shall maintain records including, at a minimum, the 

information described in subparagraph (B) of this subdivision. All such records 

shall be:

(i) Made available to the commissioner to inspect and copy upon request, and

(ii) Maintained for five years from the date such record is created.

(B) An owner or operator shall maintain records of the following information:

(i) For a tank equipped with a vapor loss control device specified in 

subdivision (2) of this subsection:

(I) Type of VOC stored, vapor pressure and monthly throughput,

(II) A Material Safety Data Sheet or Environmental Data Sheet for each 

VOC stored, and
Page 9 of 15

R-39 Rev. 08/2012

(III) Records of the inspections conducted under subdivision (3) of this 

subsection including, but not limited to, date of the inspection, 

results and corrective actions taken, if applicable,

(ii) Documentation of control device efficiency and capture efficiency, if 

applicable, using an applicable EPA reference method or alternate method 

as approved by the commissioner and the Administrator,

(iii) Date and type of maintenance performed on air pollution control 

equipment, if applicable,

(iv) Documentation of any leak detected pursuant to subdivision (4) of this 

subsection, including, but not limited to, the date the leak was detected, 

location of the leak, type of repair made and the date of repair and 

explanation of the reason for delaying repair, if applicable,

(v) For each floating roof landing event, the tank contents before landing and 

after refilling, landed height of the floating roof, height of any liquid 

remaining in the bottom of the tank after landing, duration of landing and 

landing emissions calculated using AP-42 Chapter 7 methodology, 

(vi) Dates of all tank degassing activities performed pursuant to subparagraphs 

(A) or (B) of subdivision (9) of this subsection, 

(vii) Date, cleaning method and cleaning agents used for any cleaning 

performed pursuant to subparagraph (C) of subdivision (9) of this 

subsection, and 

(viii) Any approval by the commissioner or Administrator issued pursuant to 

this subsection. 

[(a)(5)](11) Between May 1 and September 15 the owner or [“]operator[”] of any [“]gasoline 

storage tank farm[”] shall not offer for sale, sell or deliver to any [“]dispensing facility[”] in 

Connecticut [“]gasoline[”] with a [“]Reid Vapor Pressure[”] in excess of 9.0 pounds per square 

inch.

[(a)(6)](12) In addition to the requirements of section 22a-174-4 of the Regulations of 

Connecticut State Agencies, the [“Commissioner”] commissioner may by permit or order require 

the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] to provide records of the 

analysis of [“]gasoline[”] samples to determine compliance with the provisions of subdivision 

[22a-174-20(a)(5)] (11) of this subsection.

[(a)(7) Any “person” who samples or tests “gasoline” for the purposes of determining 

compliance with subdivision 22a-174-20(a)(5) shall use the following American Society for 

Testing and Materials (ASTM) test methods:

(A) ASTM Method D323-82, “Standard Method for Vapor Pressure of Petroleum 

Products (Reid Method)”;
Page 10 of 15

R-39 Rev. 08/2012

(B) ASTM Method D4057-81, “Standard Practice for Sampling of Petroleum and 

Petroleum Products”; or

(C) ASTM Method D270 “Standard Method of Sampling of Petroleum and Petroleum 

Products.”

(a)(8) The owner or operator of any “tank” which uses the control devices specified in 

subparagraphs 22a-174-20(a)(2)(A) or (a)(2)(D) shall ensure that such “tank” meets the 

requirements of subparagraphs (A) through (F) of this subdivision.

(A) There are no visible holes, tears or other openings in the seal or any seal fabric or 

materials.

(B) All openings except stub drains are equipped with covers, lids or seals such that:

(i) the cover, lid or seal is in the closed position at all times except in actual use; 

and

(ii) automatic bleeder vents are closed at all times except when the roof is being 

floated off or being landed on the roof leg supports; and

(iii) rim vents, if provided, are set to open when the roof is being floated off the 

roof leg supports or at the manufacturer's recommended setting.

(C) Routine inspections are conducted through roof hatches once per month.

(D) A complete inspection of cover and seal is conducted whenever the “tank” is 

emptied for non-operational reasons but in any event at least once per year; and

(E) Records of the average monthly storage temperature, true vapor pressure, monthly 

throughput and type of volatile organic compounds stored are maintained and kept 

for a minimum of two (2) years after such record is made.

(F) Records of the results of the inspections conducted under subparagraphs (C) and (D) 

of this subdivision are maintained and kept for a minimum of two (2) years after 

such record is made.

(a)(9) Compliance with the requirements regarding the total area of gaps under subparagraph 

22a-174-20(a)(2)(D) shall be determined by physically measuring the length and width of all 

gaps around the entire circumference of the secondary seal in each place where a O.32 cm (1/8 

in.) uniform diameter probe passes freely (without forcing or binding against the seal) between 

the seal and the tank wall and summing the area of the individual gaps. Any person who 

proposes to conduct this test shall notify the Department's Air Compliance Unit not less than 

thirty (30) days before the test so the Department may, at its option, observe the test.

(a)(10) The owner or operator of any tank with a capacity in excess of 40,000 gallons and 

which is equipped with an external floating roof shall maintain records of the average monthly 
Page 11 of 15

R-39 Rev. 08/2012

storage temperature, the type of liquid stored and its vapor pressure, for any “volatile organic 

compound” with a vapor pressure under actual storage conditions which is greater than 1.0 

pounds per square inch but less than 1.5 pounds per square inch.]

(13) Samples to be analyzed for RVP shall be collected and handled according to the 

applicable procedures in American Society for Testing and Materials method D 5842–95(2000), 

“Standard Practice for Sampling and Handling of Fuels for Volatility Measurement.”

(14) RVP shall be determined using American Society for Testing and Materials method 

D5191-07 (2007), except that the following correlation equation shall be used: 

RVP psi = (0.956 * X) − 0.347.

Sec 2. Subdivisions (1) through (4) of subsection (b) of section 22a-174-20 of the 

Regulations of Connecticut State Agencies are amended to read as follows:

(1) [Additional definitions. For the purposes of this subsection the following definition shall 

apply:

“Loading facility” means any aggregation or combination of equipment located on a 

premises and used to load or unload any volatile organic compound with a vapor pressure 

of 1.5 pounds per square inch or greater under actual storage conditions.] Reserved.

(2) No person shall load or permit the loading of any [volatile organic compound] VOC with 

a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard

conditions into any delivery vehicle from any loading facility with a throughput of 10,000 

gallons or more in any one day unless such loading facility is equipped with a vapor collection 

and [disposal] vapor recovery system or its equivalent, properly installed, in good working order, 

and in operation, and:

(A) [the] The vapors discharged from the delivery vehicle during loading are 

processed by a vapor recovery system; and

(B) [the] The amount of [volatile organic compounds] VOCs released to the ambient 

air is less than 80 milligrams per liter of liquid loaded over a six (6) hour period. 

To determine compliance with this requirement the reference methods and test 

procedures found in [Title] 40 [Code of Federal Regulations Part] CFR 60.503(a) 

and [Part] 60.503(c), respectively, shall be used.

(3) No person shall load or permit the loading of any [volatile organic compounds] VOC

with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] 

standard conditions into any delivery vehicle having a capacity in excess of 200 gallons (760 

liters) from any loading facility with a throughput of 10,000 gallons or more in any one day 

unless such loading facility is equipped with a loading arm with a vapor collection adaptor, 

pneumatic, hydraulic, or other mechanical means to force a vapor-tight seal between the adaptor 

and the hatch. A means shall be provided to prevent liquid organic compounds drainage from 

the loading device when it is removed from the hatch of any delivery vehicle, or to accomplish 

complete drainage before such removal. When loading is effected through means other than 
Page 12 of 15

R-39 Rev. 08/2012

hatches, all loading and vapor lines shall be equipped with fittings [which] that make vapor-tight 

connections and [which] close automatically when disconnected.

(4) Subdivisions (2) and (3) of this subsection shall apply only to the loading of [volatile 

organic compounds] VOCs with a vapor pressure of [1.5] 0.75 pounds per square inch or greater 

under [actual storage] standard conditions at a facility from which at least 10,000 gallons of such 

organic compounds are loaded in any one day. The applicability of subdivisions (2) and (3) of 

this subsection shall be based upon a thirty day rolling average, and once a loading facility 

exceeds this limit, the requirements of subdivisions (2) and (3) of this subsection shall [always] 

apply.

Sec 3. Subsection (b) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended by adding subdivision (17):

(NEW) 

(17) The owner or operator of a loading facility with a throughput of 4,000 gallons or more in 

any day shall not cause, allow or permit leakage from any equipment in VOC service, including 

but not limited to pumps, valves and compressors. The owner or operator of any equipment in 

VOC service that is leaking as determined by sight, smell, sound or measurement of VOCs in 

excess of 5000 parts per million shall repair such leak no later than fifteen days after detection. 

A request to delay a repair of a leak may be made to the commissioner and the Administrator in 

writing if the repair is infeasible for technical or safety reasons. Such a request shall be 

submitted no later than 15 days after detection of the leak.

Sec 4. Subsection (c) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended to read as follows:

(c) [“]Volatile organic compound[” /] and water separation. No [“person”] owner or 

operator shall use any compartment of any single or multiple compartment [“]volatile organic 

compound[”/ “] and waste water separator[” which] that receives effluent water containing 200 

gallons (760 liters) a day or more of any [“volatile organic compound”] VOC with a vapor 

pressure of 1.5 pounds per square inch or more from any equipment processing, refining, 

treating, storing, or handling [“volatile organic compounds”] VOCs unless such compartment is 

equipped with one or more of the following vapor loss control devices, properly installed, in 

good working order, and in operation:

(1) A container having all openings sealed and totally enclosing the liquid contents. All 

gauging and sampling devices shall be [gas-tight] vapor-tight except when gauging or sampling 

is taking place[.];

(2) A container equipped with a floating roof[, consisting of a pontoon type, double deck 

type roof, or internal floating cover, which will rest] that rests on the surface of the contents and 

[be] is equipped with a closure seal or seals to close the space between the roof edge and 

container wall. All gauging and sampling devices shall be [gas tight] vapor-tight except when 

gauging or sampling is taking place[.];
Page 13 of 15

R-39 Rev. 08/2012

(3) A container equipped with a [“]vapor recovery system[” which collects all volatile 

organic compound vapors discharged from the container and which processes such vapors to 

reduce their] that reduces VOC emissions by at least 95 per cent by weight[.]; or

(4) A container having other equipment of [equal] equivalent efficiency [for the purpose of 

“air pollution” control as required by subdivision (3) of this subsection] may be approved by the 

[“Commissioner”] commissioner [by] in a permit or order, where such permit or order has been 

approved by the Administrator.

Sec 5. Subdivision (12) of subsection (x) of section 22a-174-20 of the Regulations of 

Connecticut State Agencies is amended to read as follows:

(12) Notice and retests.

Any evidence of leakage as described in this subsection shall [also] be treated as a malfunction 

of control equipment or methods as described in section 22a-174-7 of the Regulations of 

Connecticut State Agencies. [Corrective actions shall be taken in accordance with the provisions 

of subsection [22a-174-7(c).] A retest in accordance with the provisions of subdivision [(x)(8)] 

(8) of [section 22a-174-20] this subsection [must] shall be performed [immediately] not more 

than two business days after all required repairs are complete.
Page 14 of 15

R-39 Rev. 08/2012

Statement of purpose

The main purpose of this proposal is to update existing and add new requirements to control 

volatile organic compound (VOC) emissions from large aboveground storage tanks (AST). The 

requirements are consistent with those in other Northeastern states and generally conform to 

measures used by AST owners and operators to limit product loss. The proposal will also assist 

Connecticut in meeting the reasonably available control technology requirements necessary 

under the 2008 8-hour national ambient air quality standard for ozone. 

The Department of Energy and Environmental Protection (DEEP) currently regulates VOC 

emissions from storage and transfer of VOC-containing substances through various provisions of 

section 22a-174-20 of the Regulations of Connecticut State Agencies. The main provisions of 

the proposal include: termination of the option of using an undomed floating roof tank to store 

VOCs; clarification of the inspection requirements; and the addition of requirements for roof 

landing events and degassing and cleaning operations. (Section 1) For storage and transfer of 

VOCs, DEEP is proposing to include a lower vapor pressure floor for determining applicability 

and simplify that provision by basing it on vapor pressure at standard conditions, a constant, 

rather than the actual vapor pressure that changes with ambient temperature. (Sections 1 and 2) 

To minimize fugitive emissions facility-wide, DEEP is proposing to require timely repair of 

leaks from loading facilities. (Section 3) In addition, DEEP is proposing to revise the floating 

roof requirements for VOC and water separators to clarify that roof designs are not limited to 

pontoon-type or double deck covers. (Section 4)

Minor revisions are proposed to the leak control provisions for synthetic organic chemical and 

polymer manufacturing equipment by removing an outdated regulatory reference and clarifying 

the time limit for retesting. (Section 5)

The proposal has no legal impact beyond the direct impact on operations of the owners and 

operators of equipment subject to the revised requirements.
R-39 Rev. 08/2012

Page 15 of 15

CERTiFiCATiON

Be it known that the foregoing (check~ [~ Regulations r--] Emergency Regulations

are (check all that apply) [--] Adopted [~ Amended as hereinabove stated [--] Repealed

by the aforesaid agency pursuant to section(s) 22a-174. of the General Statutes a~nd/or Public Act

number(s) .... ,

(If applicable) after publication of notice of intent in the Connecticut Law Journal on January 29, 2013,,

(If applicable) and the holding of an advertised public hearing on March 7,201 !,,,;

WHEREFORE, the foregoing regulations are hereby (check all that apply)

1-] Adopted I~ Amended as hereinabove stated

EFFECTIVE: (check one, and complete as applicable)

I~ When filed with the Secretary of the State

[--] Repealed

OR I--] (insert date)

In Witness DATE SIGNED (Hep~ofBoard/Ag~,cyp’rCo~fnission) OFFICIAL TITLE,DULY AUTHORIZED

Whereof: ~-~ II gf]i5~ ~//~,f,~.i~’~’~ ’" "

APPROVED by the A~orney Genefffl~as;~o~legal su~ciency in accor~nce with CGS Section 4-169, as amended

DATE ~ ~ SIGNE~(A General orAG’s designated representative) OFFICIAL TITLE, DULY AUTHORIZED

Or ~ ~ o~o APPROVEO by me 4~ONe~neraZ in accordence ~ith C~S SocOon 4-~, as amended, due to failure to give

notice to the agency of any legal insuNdien]c~ within thi~ (30) days of Ne receipt of the proposed regulation.

I "

DATE SIGNE~ead of Board, Agency or CommNsion) OFFICIAL TITLE, DULY AUTHORIZED

For Regulation Review Committee Use ONL ~ ~ r-m

~proved ~ Rejected without prejudice I :::,: ~"

~Approved with technical corrections ~ Disapproved in pa~, (Indicate Section Numbers ~%pp/~;~nly)

~ Deemed approved ~ ;:: ~:~@#~--

pursuant to CGS 4-170(c) as amended ~. ,. -~;

By the Legislative Regulation Review DATE

I S~t.~n Review Commi~ee)

Committee in accordance with CGS

Section 4-170, as amended ~ ~’ g~ ~ t’ ~-"~ ~"~

Two ceAified copies received and filed and one such copy fo~arded to the Commission on Official Legal Publications in

accordance with CGS Section 4-172, as amended.

DATE SIGNED (Secreta~ of the State) BY
Attachment B

Public notice as published in the Connecticut Law Journal and on the DEEP website on 

January 10, 2013.
Janums~ 29, 2013 CONNECTICUT LAW JOURNAL Page

ADMINISTRAT [VE REGULATIONS

Regulations and notices published herein, pursuant to General Statutes Sections 4-168 and 4-173, are printdd exactly~as submitted by the

forwarding agencies. These, being official documents submitted by the

responsible agencies, are consequently not subject to editing by the

Commission on Official Legal Publications.

A cumulative list of effective amendments to the Regulations of Con~

necticut State Agencies may be found in the Connecticut Law Journal

dated January 1, 2013.

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Notice of Intent to Amend a Section of the Air Quality Regulations and to

ReviSe the State Implementation Plan

The Commissioner of the Department of Energy and Environmental Protection

(DEEP) hereby gives notice of a public hearing as part of a proceeding to amend

a state regulation concerning the abatement of air pollution. Upon adoption, the

amended section will be submitted to the U.S. Environmental Protection Agency

as a revision to the State Implementation Plan for air quality.

The proposal primarily enhances existing requirements concerned with the control

of volatile organic compound (VOC) emissions from large aboveground storage

tanks through revisions to section 22a-174-20 of the Regulations of Connecticut

State Agencies. DEEP is proposing to:

 ̄ remove the option of using an undomed floating roof tank to store VOCs,

clarify inspection requirements and add requirements for roof landing events

and degassing and cleaning operations;

o require timely repair of leaks throughout the VOC storage and transfer facility;

o revise the floating roof requirements for VOC and water separators to be

consistent with the floating roof requirements for storage tanks; and

o revise the leak control provisions for synthetic organic chemical and polymer

manufacturing equipment by removing an outdated regulatory reference and

clarifying the time limit for retesting.

All interested persons are invited to comment on the proposal. Comments should

be submitted no later than 8 March 20!3 to Robin D. Baena, DEEP, Bureau of Air

Management, Engineering & Enforcement, 79 Elm Street, Hartford, Connecticut

06106-5127. Comments may be submitted by post, facsimile to (860) 424-4064 or

by electronic mail to robin.baer~a@ct.gov_.

In addition to accepting written comments, DEEP will also hold the public hearing

described below. Any person giving oral comment at the hearing will be asked to

submit a written copy of such comments.

PUBLIC HEARING

7 March 2013

11 AM

DEEP, 5th Floor, Holcombe Room

79 Elm Street, Hartford, CT
_Page 2C CONNECTICUT LAW JOURNAL. January 29, 2013

Copies of the proposa! described above, the fiscal impact analysis~ and a statement

required by section 22a-6(h) of the Connecticut General Statutes (CGS) are available

for public inspection during normal business hours from Robin Baena at the Bureau

of Air Management, Engineering & Enforcement, 5th Floor, 79 Elm Street, Hartford,

CT. The same documents are posted on DEEP’s web~ite at the following location:

http.:l/www,ct,gov/dep/cwplview~,asp?..a=2684&q=331220&depNav_GID=t 619

For further information, contact Robin Baena of the Bureau of Air Management

at (860) 424-4152 or by electronic mail to ~bha.baena@ct.gov.

DEEP is an affirmative actiort/equa! opportunity employer, and service provider.

In conformance with the Americans with Disabilities Act, DEEP makes every effort

to provide equally effective services for persons with disabilities. Any person with

a disability who may need information in an alternative format may contact the

agency’s ADA Coordinator at 8.60-424-3t94, or at O~ep,hrmed@ct. ogg_y.. Persons

who are hearing impaired shouId call the State of Connecticut relay number 711.

Requests for accommodations must be made at least two weeks prior to the program date,

The authority to adopt the proposal is granted by CGS sections 22a-6 and 22a174, This notice is required pursuant to CGS sections 22a-6 and 4-168 and 40 Code

of Federal Regulations 51.102.

~].0 January 20t..3

Date /s/Daniel C, Esty

Commissioner

’~’--~ CONNECTICUT AIRPORT AUTHORIT ~.~/~. i(: :"

~..Notice of Intent to Adopt Policy and Procedures

In accordance witl~S~.~tion 1-121 of the Connecticut Genera] Statutes, notice is

hereby given that the ~~fi.cut Airport Authority prppS~es to adopt a Policy

relating to Equal Employmeh~portunity and Affirmative Action.

Summary of written procedu~The Conrte~t Airport Authority is committed to providing equal opportunities ]~rms.~’r]ts recruiting and hiring practices.

The Connecticut Airport Authority is als~:fi~tted to providing equal opportunities

to its employees in all of its emp!oymep~ ~ps. The Connecticut Airport Authority further pledges its strong commitmdnt to en~m:_e that all contractors and subcon-

’(ractors who do business with ~e~S~onnecticut~’~ort Authority provide equal

employment in employment t~_a~’~qualified persons Sb~,!y on the basis of job-related ...... ~_~:~° skills, ability and merit ,..~: "

Statement of purpo~ The proposed Policy establishes’~.e plan and procedure

for implementing th$~Connecticut Airport Authority’s Equal ENl~oyment and Affirmative Actton Btttcy. ~.

Copies ~!t~i~e proposed Policy are available at the Connecticut ~ Authority

between .th~ hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, 5~:~qntacting

Sharo~}aficante at 8g0-292-2073 or ~traficant¢@bradlevairoort.com. Ati~~e.sted

pa~~ may submit comments in connection with the proposed Procedures, ~t~in

~{~} days following publication of this .... notice, to Sharon Traficante, Connect~
Attachment C

Attendees at the public hearing on March 7, 2013

DEEP Headquarters, 79 Elm Street, Hartford, CT
79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Requested Copies of the Proposal

No person requested a copy of the proposal.

Attended the Public Hearing

Nathan Stevens

Cumberland Gulf Group of Companies

100 Crossing Boulevard

Framingham, MA 01702

Submitted Comments

Anne Arnold, Manager

Air Quality Planning Unit

USEPA Region 1

5 Post Office Square, Suite 100

Boston, MA 02109-3912

Pamela F. Faggert

Vice President and Chief Environmental Officer

Dominion

5000 Dominion Boulevard

Glen Allen, VA 23060

Steve Guveyan

Executive Director

Connecticut Petroleum Council

44 Capitol Ave., Suite 103-B

Hartford, CT 06106

Christian A. Herb

Vice President

Connecticut Energy Marketers Association (CEMA)

10 Alcap Ridge

Cromwell, CT 06416
79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Attachment D

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 or adoption of 

various sections of the air quality regulations: 

1) The public hearing was held on March 7, 2013 as announced in the notice of 

hearing (Attachment A);

2) In accordance with the notice, materials were available for review at the 

Department of Energy and Environmental Protection and posted on the 

Department’s website;

3) Copies of the notice were mailed electronically 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 the Connecticut Law Journal on January 

29, 2013 and on the Department of Energy and Environmental Protection’s 

website. 

 4/8/2014 /s/Robin D. Baena

Date Bureau of Air Management
Attachment E 

Hearing report
79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

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 Energy and Environmental Protection 

Rules of Practice

Regarding 

Amendment of Air Quality Regulations Concerning

Volatile Organic Compound Emissions from Storage 

Tanks

Hearing Officer:

Robin D. Baena

Date of Hearing: March 7, 2013

On January 10, 2013, the Commissioner of the Department of Energy and Environmental 

Protection (DEEP) published a notice of intent to amend section 22a-174-20 of the Regulations 

of Connecticut State Agencies (RCSA). Pursuant to such notice, a public hearing was held on 

March 7, 2013, with the public comment period closing on March 8, 2013. 

I. Hearing Report Content

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

the proposal, identifies principal reasons in support of and in opposition to the proposal, and 

summarizes and responds to all comments on the proposal. 

The proposal is included as Attachment 2 to this report. A final revised version of the proposal 

based on the recommendations in this report is included as Attachment 3. A statement in 

satisfaction of CGS section 22a-6(h) is included as Attachment 1.

II. Summary of Proposal

The commissioner is proposing to revise subsections (a), (b), (c) and (x) of RCSA section 22a174-20. The primary purpose of the proposal is to update requirements concerned with the 

control of volatile organic compound (VOC) emissions from large aboveground storage tanks

(AST) through revisions to RCSA section 22a-174-20(a). DEEP is proposing to:

• Remove the option of using an undomed floating roof tank to store VOCs, clarify 

inspection requirements and add requirements for roof landing events and degassing and 

cleaning operations; 

• Require timely repair of leaks throughout any VOC storage and transfer facility;

• Update the floating roof requirements for VOC and water separators; and 
2

• Revise the leak control provisions for synthetic organic chemical and polymer 

manufacturing equipment by removing an outdated regulatory reference and clarifying 

the time limit for retesting.

Based on the 2007 Connecticut emissions inventory, there are 45 AST in the state that would be 

subject to the AST requirements of this proposal. All 45 AST are floating roof tanks. As a 

group, these tanks emit approximately 150 tons, or less than two-tenths of one percent, of the 

over 86,000 tons1 of the anthropogenic VOC emitted in Connecticut annually. AST owners and 

operators are attentive to practices that limit loss of stored product, which has a co-benefit of 

limiting VOC emissions. There is, therefore, little opportunity for a significant reduction in 

emissions as a result of this proposal. Rather, the proposal serves as regulatory maintenance and 

satisfies a commitment to other Northeastern states to adopt reasonable controls for AST 

emissions.

III. Opposition to the Proposal

No submitted comments oppose adoption of this proposal.

IV. Summary of Comments

Oral comment was given at the hearing by:

1. Nathan Stevens

Cumberland Gulf Group of Companies

100 Crossing Boulevard

Framingham, MA 01702 

Written comments were received from the following persons:

2. Anne Arnold, Manager

Air Quality Planning Unit

USEPA Region 1

5 Post Office Square, Suite 100

Boston, MA 02109-3912

3. Pamela F. Faggert

Vice President and Chief Environmental Officer

Dominion 

5000 Dominion Boulevard

Glen Allen, VA 23060

4. Steve Guveyan

Executive Director

Connecticut Petroleum Council

44 Capitol Ave., Suite 103-B

Hartford, CT 06106

1 2008 National Emissions Inventory, http://www.epa.gov/ttn/chief/net/2008inventory.html

 
3

5. Christian A. Herb

Vice President

Connecticut Energy Marketers Association (CEMA)

10 Alcap Ridge

Cromwell, CT 06416

All comments submitted are summarized below with DEEP’s responses. Commenters are 

associated with the individual comments below by the number assigned above. 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. 

Comment 1: The proposed definition of “storage tank” at RCSA section 22a-174-

20(a)(1)(M)(ii) appears to prohibit the use of biocides in cases of microbial contamination of 

fuel. The lowering of sulfur content in fuels, combined with federally mandated requirements 

for ethanol use in automotive gasoline, have produced environments within the petroleum 

distribution infrastructure which are more conducive to microbial growth and the resultant 

problems of increased water content in stored fuels and product degradation. Accordingly, it is 

important for both product quality and safety that operators be permitted to use appropriate 

biocide treatments on an as-needed basis. Similar methods are widely utilized for microbial 

management in underground tank systems and by end users such as airlines. (1, 5)

Response: DEEP did not intend to limit the use of biocides to protect the quality of the 

stored product. Section 22a-174-20(a)(1)(M)(ii) should be revised as follows:

(ii) The only treatment carried out is treatment necessary to prevent change from 

occurring in the physical condition or chemical properties of the liquids or 

gases deposited into the container. Such treatment may include, but is not 

limited to, recirculating, agitating, maintaining the temperature of the stored 

liquids or gases, or replacing air in the vapor space above the stored liquids or 

gases with an inert gas in order to inhibit the occurrence of a chemical 

reaction or adding a biocide to prevent microbial growth;

Comment 2: In RCSA section 22a-174-20(a)(1), the definition of “throughput” was deleted;

however, since this term is still used in the rule in a way that differs from how the term is defined 

in RCSA section 22a-174-1, the definition should be retained. (2)

Response: The definition of “throughput” should be retained as subsection (a)(1)(N), 

since the meaning of the term is distinct from that of the definition of “throughput” in 

RCSA section 22a-174-1. The subparagraphs following this subparagraph should be relettered alphabetically.

Comment 3: The use of kilopascals (kp) for the units of Reid vapor pressure (RVP) in the 

definition of “gasoline” in proposed subsection (a)(1)(G) is inconsistent with the units in the 

definition of “Reid vapor pressure” provided in proposed subsection (a)(1)(K). Pounds per 

square inch is the U.S. customary unit for RVP. (1, 3, 5)

Response: DEEP agrees with the commenters that consistent units should be used

throughout the subsection for simplicity and clarity. In reviewing the proposed definition of 

“gasoline,” we recognized that RVP is not necessary to define “gasoline.” Gasoline is a 
4

well-known commercially identified product. For example, the U.S. Environmental 

Protection Agency (EPA) defines gasoline as “any fuel sold ... for use in motor vehicles and 

motor vehicle engines, and commonly or commercially known or sold as gasoline” in 40 

CFR 80.2(c). The definition of “gasoline” in proposed subsection (a)(1)(G) should be 

revised as follows:

“Gasoline” means any petroleum distillate or petroleum distillate and alcohol blend

having a [reid] Reid vapor pressure of [four pounds] 27.6 kilopascals or greater

commercially known or sold as “gasoline” and commonly used as a [motor vehicle] an

internal combustion engine fuel[.];

Comment 4: Proposed RCSA section 22a-174-20(a)(1)(N) provides a definition of 

“underground” which is inconsistent with 40 CFR 280.12, which regulates underground storage 

tanks. Similarly, this definition of “underground” is inconsistent with that contained in section 

22a-449(d)-1(a)(2), the Connecticut underground storage tank regulations. The commenter

recommends that the proposed definition be amended to reflect the other current definitions. (5)

Response: The term “underground” is used once in the proposal as proposed subsection 

(a)(6). Since it is not DEEP’s intent to create an alternative meaning of this term, the 

proposed definition of “underground” should be revised as follows:

“Underground” means situated below the grade of the land and completely covered with 

soil “underground” as defined in section 22a-449(d)-1(a)(2) of the Regulations of 

Connecticut State Agencies;

The definition of “underground” in RCSA section 22a-449(d)-1(a)(2) reads as follows:

“Underground” when referring to a facility or facility component means that ten percent 

or more of the volumetric capacity of the facility or component is below the surface of 

the ground and that portion which is below the surface of the ground is not fully visible 

for inspection.

Comment 5: The proposed revisions contain multiple provisions where the facility is allowed to 

use alternative controls or alternative test methods that have been approved by the commissioner. 

Such state discretion is not allowed in rules that are incorporated into a State Implementation 

Plan (SIP). Therefore, each of the following subsections of section 22a-174-20 should be revised 

to also require EPA approval: (a)(2)(C)(iv), (a)(2)(D), (a)(9)(A)(ii)(IV), (a)(9)(B)(i)(V),

(a)(10)(B)(ii), (b)(17) and (c)(4). (2)

Response: As suggested in the comment, DEEP should require the EPA administrator 

and the DEEP commissioner to approve alternative controls and test methods in proposed 

subsections (a)(2)(C)(iv), (a)(2)(D), (a)(9)(B)(i)(V), (a)(10)(B)(ii), (b)(17) and (c)(4). 

Subsection (a)(9)(A)(ii)(IV) should be deleted as described in the response to comments 

8 and 9. 

Specifically, subsection (a)(2)(C)(iv) should be revised as follows:

Once per month, demonstrate compliance with this subsection by inspecting the 

fittings located on the roof, piping, pressure relief valves and all other valves to 
5

ensure they are leak-free using EPA Method 21 or using another method approved by 

the commissioner and the Administrator; or

Subsection (a)(2)(D) should be revised as follows:

[Other] The tank is equipped with other equipment or means of air pollution control

with an efficiency equal to or greater than that required under subparagraph [22a-174-

20(a)(2)(B)] (C) of this subdivision [for purposes of “air pollution” control as may 

be] that is approved by the [“Commissioner”] commissioner by in a permit or order, 

where such permit or order has been approved by the Administrator.

Proposed subsection (a)(9)(B)(i)(V) (subsection (a)(9)(C)(i)(V) in the final proposal as 

described in the response to comments 8 and 9) should be revised as follows:

Another cleaning agent approved by the commissioner and the Administrator, or

Subsection (a)(10)(B)(ii) should be revised as follows:

Documentation of control device efficiency and capture efficiency, if applicable, 

using an applicable EPA reference method or alternate method as approved by the 

commissioner and the Administrator,

The third sentence of subsection (b)(17) should be revised as follows:

... A request to delay a repair of a leak may be made to the commissioner and the 

Administrator in writing if the repair is infeasible for technical or safety reasons. ...

Subsection (c)(4) should be revised as follows:

A container having other equipment of [equal] equivalent efficiency [for the purpose 

of “air pollution” control as required by subdivision (3) of this subsection] may be 

approved by the [“Commissioner”] commissioner [by] in a permit or order, where 

such permit or order has been approved by the Administrator.

In addition, owners or operators should keep records of Administrator approvals. 

Therefore, proposed subsection (a)(10)(B)(vii) (subsection (a)(10)(B)(viii) in the final 

proposal) should be revised as follows:

Any approval by the commissioner or Administrator issued pursuant to this 

subsection.

Comment 6: The applicability of proposed subsection (a)(4) is not clear and should be 

explicitly stated. The proposed new regulatory language of subsection (a)(4), which contains 

requirements to complete repairs or replacements for defects in tanks and/or equipment 

associated with the tanks, does not contain a clear or direct reference back to subsection (a)(3), 

which applies to tanks with capacities of 40,000 gallons or greater, and could be inadvertently 

misinterpreted to apply to tanks of any size. The commenter suggests adding the phrase “as a 

result of the inspection required under subsection (a)(3) or other observations of the equipment 

specified in subsection (a)(2)” to clarify applicability. (3)
6

Response: DEEP agrees with the commenter that the applicability of proposed subsection 

(a)(4) is not clear. Subsection (a)(4) is intended to apply to tanks subject to subsection (a)(2). 

Therefore, subsection (a)(4) should be revised as follows:

For any tank subject to subdivision (2) of this subsection, If if any piping, valves, 

vents, seals, gaskets or covers of roof openings are found to have defects or visible gaps 

or the VOC control requirements of this subsection are not met, the owner or operator 

shall: ...

Comment 7: Proposed subsection (a)(5) that requires submerged fill pipes to have a discharge 

point not more than six inches from the bottom of the tank is problematic. A fill pipe that close 

to the floor would clearly stir up sludge, dirt and/or water that has accumulated, thereby creating 

product quality issues. The bottom of the tank serves an important purpose in protecting product 

quality from impurities that may be introduced along the transportation route to the terminal. It 

is unclear to us what the agency’s intent is in proposing this change, as lowering the fill 

discharge would not reduce vapor emissions. Even cable-suspended internal floating roofs 

cannot be lowered to heights less than three feet from the tank floor due to piping and structures 

within the tank. It appears that the negative impacts of this change would far outweigh any 

possible positive impacts. (4)

Response: DEEP agrees that the six-inch maximum height from the floor requirement is not 

necessary for tanks with floating roofs. This provision is intended to reduce splashing and 

vapor generation as a tank is filled by ensuring the discharge point is below the level of the 

liquid in the tank. For tanks with floating roofs the discharge point will be below the surface 

of the liquid, except when the roof is landed, which is governed by proposed subsection 

(a)(8). Therefore, proposed subsection (a)(6) should be revised to exempt tanks with floating 

roofs from the requirements of proposed subsection (a)(5) as follows:

The provisions of subdivision [22a-174-20(a)(3)] (5) of this subsection shall not apply to 

the following:

(A) loading Loading of [“volatile organic compounds”] VOC into any storage 

vessel having a capacity of less than one-thousand (1,000) gallons [which 

was] installed prior to June 1, 1972, nor to;

(B) any Any underground storage vessel installed prior to June 1, 1972, where the 

fill pipe between the fill connection and the storage vessel is an [“]offset fill 

pipe.[”]; or

(C) Any aboveground storage tank equipped with a floating roof.

Comment 8: Section 22a-174-20(a)(9)(A) proposes to restrict degassing and cleaning of tanks 

from May 1 through September 30. Degassing and cleaning during this period would be allowed 

only if VOCs contained in the tank vapor space are routed to a vapor control system rated at a 

minimum 95 percent efficiency. The proposal imparts an additional financial obligation on 

industry, and an unintended effect on the environment. 

The standard industry solutions implemented in these situations, at locations from Texas to 

Massachusetts, take the form of combustion, either in an internal combustion engine, flare, or a 

similar device. These treatment technologies are not without cost, and may provide limited 
7

benefits when the total impact is considered. A recent tank degassing vapor control system 

required by regulators in another New England state during the degassing and cleaning of three 

gasoline storage tanks indicated the following:

1. The operator spent an additional $100,000 extra for vapor controls; 

2. There were 6 days additional days of downtime of the tanks;

3. A total of 9,407 pounds of VOCs were incinerated (a treatment cost of $10.63 per 

pound); and, 

4. An estimated total of 42,396 pounds of carbon dioxide (a greenhouse gas) were 

emitted directly by this combustion2

, including from the combustion of propane as a 

make-up gas, but not including the impacts of transporting the combustion units and 

propane to the site.

In short, the requirement to dramatically increase greenhouse gas emissions due to terminal 

operations seems inconsistent with the goal of Connecticut’s Public Act No. 08-98, An Act 

Concerning Global Warming Solutions. (1, 5)

Comment 9: The time-frame for banning summertime tank cleanings without vapor control

should be narrowed. While the agency’s intent regarding the ban is understandable, the timeframe is unnecessarily long, considering that May and September typically are not hot-weather 

months in Connecticut. According to the Weather Underground historical data, the average 

mean temperatures in New Haven are: May – 62, June – 69, July – 76, August – 75, September –

66, so the May 1st through September 30th date range seems excessive. The date range should be 

shortened to June 1st through August 31st. An alternative would be ending it on September 15th

to coincide with the end of the RVP season. (4)

Response to comments 8 & 9: Emissions from degassing in the summer months are a 

concern because they contribute VOCs that can react in the atmosphere to form ozone during 

the time when exceedences of the ozone national ambient air quality standards are most 

likely. Degassing emissions are also a public health concern given the local impact of the 

release of VOC and toxics. However, given the information submitted on control costs and 

carbon dioxide emissions, DEEP should revisit the proposed degassing requirements.

Degassing VOC emissions are relatively low in Connecticut. DEEP understands that owners 

and operators degas and clean their tanks relatively infrequently, averaging once every ten 

years. On average, four or five of the 45 floating roof tanks located in the state are degassed 

annually. Average degassing VOC emissions, based on the commenters’ data, are 

approximately 1.5 tons per tank. The staff report for the 2005 revisions to San Joaquin 

Valley Air Pollution Control District (SJVAPCD) Rule 46233,4 estimated degassing VOC 

emissions to be one half ton per tank. With four or five tanks degassing annually, total statewide degassing emissions are estimated to be in the range of two to seven tons per year.

2 Determination of greenhouse gas emissions based on the United States Environmental Protection Agency’s Emission 

Factors for Greenhouse Gas Inventories, last modified November 7, 2011.

3 The degassing and cleaning requirements in the proposal are from an OTC model rule, which is based on the New Jersey 

VOC stationary storage tank rule. The degassing and cleaning requirements in the New Jersey rule are based on SJVAPCD 

Rule 4623.

4 San Joaquin Valley Air Pollution Control District. “Final Staff Report, Proposed Amendments to Rule 4623 (Storage of 

Organic Liquids).” May 19, 2005.

 
8

The commenters calculated the cost effectiveness of degassing controls to be $10.63 per 

pound (approximately $22,000 per ton) of VOC removed by dividing the cost of degassing 

controls ($100,000) by the emissions reductions (9,407 pounds of VOC). This cost is higher 

than DEEP generally considers cost effective for VOC controls.

On the other hand, SJVAPCD and New Jersey (based on the SJVAPCD staff report)

determined that degassing controls were cost effective. The SJVAPCD Rule 4623 staff 

report reported a cost of $6,283 to $11,781 for degassing controls on a 2.6 million gallon 

tank. Annualizing the cost over ten years with an interest rate of 10% (resulting in a cost 

recovery factor of 0.163), SJVAPCD calculated a prorated annual cost range of $1,024 to 

$1,920 and a cost effectiveness ranging from $2,288 to $4,290 per ton of VOC removed. 

The cost effectiveness numbers represent the cost each year over the ten-year maintenance 

cycle, including those years when the tank is not degassed, for each ton of VOC treated. It is 

not a total cost per ton.

For comparison with the commenters’ cost effectiveness calculations, the hearing officer 

calculated the cost per ton of VOC removed using the SJVAPCD data without annualizing 

the costs over ten years. By dividing the cost of degassing controls per tank ($6,283 to 

$11,781) by the average emissions reductions per tank (0.5 ton), the cost effectiveness 

calculated ranged from approximately $12,000 to $24,000 per ton of VOC removed. These 

costs are congruent with those provided by the commenter and exceed those generally 

considered cost effective for VOC control. 

In recognition of the environmental impact of emissions from using combustion as a control, 

the small quantity of VOC emissions likely to be released in uncontrolled degassing and the 

cost of controlling those VOC emissions, DEEP should revise the proposal to prohibit 

degassing for planned routine maintenance and inspection during June, July and August. 

Tank owners/operators may degas to inspect and perform maintenance on their tanks without 

controls any time during the months of September through May. Degassing necessary to 

repair a tank, where such repairs are necessary for safe and proper function of the tank,

should not be restricted.

In reviewing the proposed degassing and cleaning requirements of subdivision (9), the 

hearing officer recognizes the need to clarify the use of low-VOC solvents for cleaning and 

makes that clarification, as well, in the following revised text.

Subdivision (9) of subsection (a) should be revised as follows:

(9) On and after one year after the effective date of this subsection, the owner or operator of 

any aboveground storage tank subject to subdivision (2) of this subsection shall not perform 

degassing and cleaning during the period from May 1 through September 30 of any year unless 

the owner or operator complies with the requirements of this subdivision.

(A) An owner or operator may degas a tank if the owner or operator:

(i) Empties the tank of the VOC liquid, 

(ii) Minimizes VOC vapors in the tank vapor space by one of the methods 

identified in subclauses (I) through (IV) of this clause. 
9

(I) Exhausts VOCs contained in the tank vapor space to a vapor 

control system rated at a minimum 95 percent efficiency until the 

organic vapor concentration is 5,000 parts per million by volume 

(ppmv) or less as methane, or is 10 percent or less of the lower 

explosive limit, whichever is less,

(II) Displaces VOCs contained in the tank vapor space to a vapor 

control system rated at a minimum 95 percent efficiency by filling 

the tank with a suitable liquid until 90 percent or more of the 

maximum operating level of the tank is filled. Suitable liquids are 

organic liquids having a vapor pressure of less than 0.5 pounds per 

square inch, water, clean produced water, or produced water 

derived from crude oil having a vapor pressure less than 0.5 

pounds per square inch,

(III) If the tank is a free-water knockout tank, degases the tank vapor 

space by restricting the outflow of water and floating off the 

oilpad, such that at least 90 percent of the tank volume is 

displaced, or

(IV) Uses another measure approved by the commissioner as being 

equally or more effective in preventing VOC emissions to the 

outdoor atmosphere. A request to use such a measure shall be 

submitted in writing to the commissioner no less than 30 days prior 

to conducting degassing, and 

(V) For a floating roof tank, the vapor in the vapor space below the 

floating roof shall be controlled, and

(iii) As appropriate, temporarily removes a suitable tank fitting, such as a 

manway, to facilitate connection to an external vapor control system for 

no longer than one hour;

(9) An owner or operator of an aboveground storage tank shall perform degassing and 

cleaning as set out in this subdivision.

(A) Beginning with the first June 1 after the effective date of this subsection, an 

owner or operator shall not perform degassing of any aboveground storage 

tank subject to subdivision (2) of this subsection during the period from June 

1 through August 31 of any calendar year, except as provided in 

subparagraph (B) of this subdivision; 

(B) Notwithstanding subparagraph (A) of this subdivision, an owner or operator 

may degas an aboveground storage tank at any time for the purpose of 

performing a repair that is necessary for safe and proper function of the 

tank. An owner or operator shall notify the commissioner when a tank is 

emptied and degassed under this subparagraph within 72 hours of 

completing the degassing and repair. Such notification shall be submitted to 
10

the Compliance Assistance and Coordination Unit of the Bureau of Air 

Management and shall include the following information:

(i) Identification of the facility and the tank degassed,

(ii) Identification of the VOC stored,

(iii) An explanation of the need to degas the tank during the period from 

June 1 through August 31,

(iv) The date the owner or operator determined that degassing and repair 

would be necessary, 

(v) The dates that degassing commenced and was completed,

(vi) The date that inspection, repair and refilling was or is anticipated to 

be completed; and

(B) (C) The An owner or operator shall clean a tank if an aboveground storage tank 

subject to subdivision (2) of this subsection using one or more of the 

following methods:

(i) At least one of the Using any of the following cleaning agents is used:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 

degrees Fahrenheit,

(III) A solvent with a vapor pressure less than 0.5 pounds per square 

inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner and the 

Administrator, or

(ii) Steam cleaning is performed; and.

(C) The owner or operator shall control emissions from the sludge removed from a 

tank that stores a VOC with a vapor pressure of 1.5 pounds per square inch or 

greater at standard conditions by:

(i) During sludge removal, controlling emissions from the receiving vessel by 

operating a vapor control system that reduces VOC emissions by at least 

95 percent,

(ii) Transferring removed sludge into containers that are vapor-tight and free 

of liquid leaks, and
11

(iii) For sludge stored onsite, storing removed sludge in containers that are 

vapor-tight and free of liquid leaks or in tanks that comply with 

subdivision (2) of this subsection.

(The revision recommended in response to comment 5 is included in the above text.)

In addition, the recordkeeping requirement for degassing and cleaning in proposed 

subdivision (10)(B)(vi) should be revised to be reflect the changes to proposed 

subdivision (9). Subdivisions (10)(B)(vi) and (vii) should be revised as follows:

(vi) Records Dates of all tank degassing, cleaning and sludge removal

activities performed pursuant to subparagraphs (A) or (B) of subdivision 

(9) of this subsection, and 

(vii) Date, cleaning method and cleaning agents used for any cleaning 

performed pursuant to subparagraph (C) of subdivision (9) of this 

subsection, and

(vii) (viii) Any approval by the commissioner or Administrator issued 

pursuant to this subsection. 

(The revision recommended in response to comment 5 is included in the above text.)

Comment 10: Proposed subsection (a)(10)(B)(iv) should explicitly state that documentation of 

leaks is required for leaks detected under subdivision (4). (3)

Response: DEEP agrees with the commenter that proposed subsection (a)(10)(B)(iv) should 

limit recordkeeping to leaks regulated by subsection (a)(4) as follows:

Documentation of any leak detected pursuant to subdivision (4) of this subsection, 

including, but not limited to, the date the leak was detected, location of the leak, type of 

repair made and the date of repair and explanation of the reason for delaying repair, if 

applicable,

Comment 11: The applicability of proposed subsection (b)(17) is not clear and should be 

explicitly stated. The commenter suggests revising the text to read: “The owner or operator of 

any loading facility, dispensing facility or delivery vehicle subject to the provisions of this 

subsection shall ...” to make the applicability clear. (3)

Response: DEEP agrees with the commenter that the applicability of proposed subsection 

(b)(17) should be clarified. The provision is intended to apply to facilities that have a daily 

throughput of 4,000 gallons or greater (i.e. those facilities subject to subdivision (4) or (5) of 

subsection (b)). DEEP does not intend for this provision to apply to delivery vehicles, 

addressed in subsection (b)(12) through (14), or dispensing facilities (gas stations). Further, 

proposed subsection (b)(17) should be revised to clarify that any one of the four determinants 

– sight, smell, sound or measurement of VOC – trigger the repair requirement. Therefore, 

subsection (b)(17) should be revised to read as follow:

The owner or operator of a loading facility with a throughput of 4,000 gallons or more 

in any day shall not cause, allow or permit leakage from any equipment in VOC service, 

including but not limited to pumps, valves and compressors. The owner or operator of 
12

any equipment in VOC service that is leaking as determined by sight, smell, sound or 

measurement of VOC measured in excess of 5000 parts per million shall repair such 

leak no later than fifteen days after detection. A request to delay a repair of a leak may 

be made to the commissioner and the Administrator in writing if the repair is infeasible 

for technical or safety reasons. Such a request shall be submitted no later than 15 days 

after detection of the leak.

(The revision recommended in response to comment 5 is included in the above text.)

V. Comments of Hearing Officer

The hearing officer suggests the following additional revisions to the proposal. The suggested 

revisions are minor, noncontroversial and will make for a clearer final proposal.

(1) The definitions of “aboveground” and “degassing” should placed in alphabetical order in 

subsection (a)(1), and subsection (a)(1) should be re-lettered accordingly.

(2) The period after the millimeter abbreviation in subsection (a)(2)(B) is unnecessary and 

should be removed. Subsection (a)(2)(B) should be revised to read as follows:

... This control equipment is not permitted if the [“volatile organic compound”] VOC has 

a vapor pressure of 11.0 pounds per square inch absolute (568 mm. Hg)[,] or greater 

under [actual storage] standard conditions... 

(3) The first sentence of proposed subsection (a)(2)(B) is awkward and should be revised as 

follows for clarity:

[A] The tank is equipped with a fixed roof and a [“]vapor recovery system[” which

collects all volatile organic compound vapors and gases discharged from the tank and a 

vapor return or disposal system which] that is designed and operated to [process such 

vapors so as to] reduce [their emission] emissions of VOC to the atmosphere of VOC by 

at least 95 percent by weight.

(4) The word “replacement” in subsection (a)(4)(A) should be in the plural form as follows:

(A) If the tank is not storing liquid, complete repairs or replacement replacements

prior to filling the tank;

(5) Subsection (a)(4)(B) should be revised by replacing the word “replacement” with its plural 

form, by replacing the phrase “needed repair or replacement” with “defect or visible gap” to 

improve clarity, and by adding a hyphen between “45” and “day” in the phrase “45-day period” 

as follows:

(B) If the tank is storing liquid, complete repairs or replacement replacements or 

remove the tank from service within 45 days after discovery of the needed repair 

or replacement defect or visible gap. If the owner or operator anticipates that a 

repair or replacement cannot be completed or the tank cannot be emptied within 

45 days, the owner or operator shall notify the commissioner prior to the end of 

the 45-day period. ...
13

(6) Subsection (a)(4)(C) should be revised as follows:

(C) Any evidence of leakage as described in this subsection shall also be treated as a 

malfunction of control equipment as described in section 22a-174-7 of the 

Regulations of Connecticut State Agencies. A re-inspection An inspection in 

accordance with the provisions of this subdivision (3) if this subsection shall be 

performed immediately after all required repairs are complete.

(7) For consistency, the word “before” should be replaced with “prior to” in subsection (a)(5) 

as follows:

...Submerged fill pipes installed on or before prior to the effective date of this 

subsection shall have a discharge point no more than 18 inches from the bottom of 

the storage tank or be compliant with the requirements of 40 CFR 63 Subpart 

CCCCCC. ...

(8) The process of emptying and filling a tank during roof landings should be continuous, 

without starts and stops. However, as written, subsection (a)(8)(A) could be read to imply that 

emptying and filling a tank during roof landings needs to be conducted in a hurried manner. For 

clarity, subsection (a)(8)(A) should be revised as follows: 

(A) When the roof is resting on its leg supports or suspended by cables or hangers, the 

process of filling, emptying or refilling shall be continuous and shall be 

accomplished as rapidly as possible empty and refill the tank as a continuous 

process; and

(9) The acronym RVP is defined in the definition of Reid vapor pressure in subsection 

(a)(1)(K) and should be used in subdivisions (13) and (14) of subsection (a) as follows:

(13) Samples to be analyzed for Reid vapor pressure RVP shall be collected and 

handled according to the applicable procedures in American Society for Testing and 

Materials method D 5842–95(2000), “Standard Practice for Sampling and Handling of 

Fuels for Volatility Measurement.”

(14) Reid vapor pressure RVP shall be determined using American Society for Testing 

and Materials method D5191-07 (2007)...

(10) The acronym for Code of Federal Regulations, CFR, is defined in RCSA section 22a174-1(23) and should be used in subsection (b)(2)(B). Subsection (b)(2)(B) should be revised as 

follows:

(B) [the] The amount of [volatile organic compounds] VOCs released to the ambient 

air is less than 80 milligrams per liter of liquid loaded over a six (6) hour period. 

To determine compliance with this requirement the reference methods and test 

procedures found in [Title] 40 Code of Federal Regulations CFR [Part] 60.503(a) 

and [Part] 60.503(c), respectively, shall be used.
14

(11) Referencing subsection (a)(2)(B) in proposed subsection (c)(2) makes the scope and 

intent of proposed subsection (c)(2) unclear. Since VOC and water separators are generally 

much smaller than the AST regulated under subsection (a)(2) and their potential emissions much 

lower, DEEP does not intend that VOC and water separators comply with the same requirements 

as large AST. A floating roof, as is required in current subsection (c)(2), is an appropriate level 

of control for these sources. Therefore, the reference to subsection (a)(2)(B) should be removed. 

In addition, subsection (c)(2) should be revised to clarify that the types of floating roofs allowed 

are not limited to pontoon-type or double deck covers. Finally, the term “gas tight” is not 

defined and should be replaced with the defined term “vapor-tight.” Subsection (c)(2) should be 

revised as follows:

(2) A container [equipped with a floating roof, consisting of a pontoon type, double 

deck type roof, or internal floating cover, which will rest that rests on the surface of the 

contents and be is equipped with a closure seal or seals to close the space between the 

roof edge and container wall. All gauging and sampling devices shall be gas tight vaportight except when gauging or sampling is taking place.] meeting the requirements of 

subparagraph (a)(2)(B) of this section;

VI. Conclusion

Based upon the comments addressed in this Hearing Report, I recommend the proposal be 

revised as recommended herein and that the recommended final proposal, included as 

Attachment 3 to this report, be submitted by the Commissioner for approval by the Attorney 

General and the Legislative Regulations Review Committee and upon adoption, be submitted to 

the EPA as a SIP revision. 

/s/ Robin D Baena 08/15/2013

Robin D. Baena, Hearing Officer Date
ATTACHMENT 1

STATEMENT PURSUANT TO SECTION 22a-6(h) OF THE GENERAL STATUTES:

FEDERAL STANDARDS ANALYSIS

Pursuant to section 22a-6(h) of the Connecticut General Statutes (CGS), the Commissioner of the 

Department of Energy and Environmental Protection (the Department) is authorized to adopt 

regulations pertaining to activities for which the federal government has adopted standards or 

procedures. At the time of public notice, the Commissioner must distinguish clearly all 

provisions of a regulatory proposal that differ from federal standards or procedures either within 

the regulatory language or through supplemental documentation accompanying the proposal. In 

addition, the Commissioner must provide an explanation for all such provisions in the regulationmaking record required under CGS Title 4, Chapter 54 and make such explanation publicly 

available at the time of the publication of the notice of intent required under CGS section 4-168.

In accordance with the requirements of CGS section 22a-6(h), the following statement is entered 

into the administrative record in the matter of the proposed revisions to section 22a-174-20 of the 

Regulations of Connecticut State Agencies (RCSA): 

The proposal primarily enhances existing requirements concerned with the control of volatile 

organic compound (VOC) emissions from large aboveground storage tanks through revisions to 

RCSA section 22a-174-20. The Department is proposing to:

• remove the option of using an undomed floating roof tank to store VOCs, clarify 

inspection requirements and add requirements for roof landing events and degassing and 

cleaning operations; 

• require timely repair of leaks throughout the VOC storage and transfer facility;

• revise the floating roof requirements for VOC and water separators to be consistent with 

the floating roof requirements for storage tanks; and 

• revise the leak control provisions for synthetic organic chemical and polymer 

manufacturing equipment by removing an outdated regulatory reference and clarifying 

the time limit for retesting.

The Department performed a comparison of the proposal to analogous federal regulations, 

namely, 40 Code of Federal Regulations (CFR) 60 Subpart Kb, New Source Performance 

Standards (NSPS) for VOC Storage Tanks for which Construction, Reconstruction or 

Modification Commenced After July 23, 1984 and 40 CFR 63 Subpart R, National Emission 

Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout 

Stations). Subpart Kb identifies seal and deck fitting specifications for internal and external 

floating roof tanks as well as inspection criteria for the seals and fittings. Subpart R refers to 

Subpart Kb for seal and deck fitting specifications and specifies inspection criteria for all 

equipment in gasoline service. Both Subpart Kb and Subpart R identify timelines for repairs 

when inspections indicate that repairs are necessary.5

 

5 Storage tank control requirements, including the use of an internal or external floating roof, are also set out in 

40 CFR 63 subpart WW, National Emission Standards for Storage Vessels (Tanks) – Control Level 2. 

However, the applicability of subpart WW is based on a reference to subpart WW in another subpart of the 

CFR. The Department is not aware of such a reference and is not aware of any storage tank located in 

Connecticut subject to subpart WW.

 
2

Based on its review of Federal regulations, the Department has determined that the proposed 

amendment is more stringent in requiring that all floating roof tanks must be domed in 

Connecticut. As all existing tanks are domed, the restriction has no impact on existing tank 

owners and operators. 

With regard to the proposed roof landing requirements and ozone season degassing and cleaning 

requirements, there are no equivalent federal requirements in 40 CFR 60 Subpart Kb or 40 CFR 

63 Subpart R. . 

With regard to the remaining provisions of the amendment, the requirements are consistent with 

the federal requirements. 

4 January 2013 /s/Merrily A. Gere 

Date Bureau of Air Management
Attachment 2

Proposal

Section 1. Subsection (a) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended to read as follows:

Sec. 22a-174-20. Control of organic compound emissions

(a) Storage of [“]volatile organic compounds[”] and restrictions for the Reid [Vapor 

Pressure] vapor pressure of gasoline.

[(a)](1) Definitions. For the purposes of this subsection and subsections (b) and (c) of this 

section:

(A) “Approved control system” means, a vapor balance system or a vapor recovery 

system[.];

(B) “Delivery vehicle” means a tank truck, tank-equipped trailer, railroad tank car, or 

other [“]mobile source[”] equipped with a storage [“]tank[”] used for the 

transportation of gasoline from [“]sources[”] of supply to any stationary storage 

[“]tank[.”];

(C) “Aboveground” means located on or above the surface of the ground, partially 

buried, bunkered or located in a subterranean vault; 

(D) “Degassing” means the process of removing organic vapors from a storage tank in 

preparation for human entry;

(E) “Dispensing facility” means any site where gasoline is delivered to motor vehicles 

other than agricultural vehicles from any stationary storage [“]tank[”] with a 

capacity of 250 gallons or more[.];

(F) “Floating roof” means a movable roof in a storage vessel consisting of a floating 

deck resting on the surface of the liquid contents, a continuous seal supported 

against the inner surface of the tank shell, and an envelope closing the gap 

between the floating deck and the seal. The entire deck, seal and envelope 

combination is free to rise and fall with the surface of the liquid during filling and 

emptying of the storage vessel;

(G) “Gasoline” means any petroleum distillate or petroleum distillate and alcohol 

blend having a [reid] Reid vapor pressure of [four pounds] 27.6 kilopascals or 

greater and used as a [motor vehicle] internal combustion engine fuel[.];

(H) “Gasoline storage tank farm” means a [“premise”] premises with any individual 

[“]gasoline[”] storage [“]tank[”] with a capacity equal to or greater than forty 

thousand (40,000) gallons[.];

(I) “Leak-free” means a condition that exists when the reading on a portable 

hydrocarbon analyzer is less than 500 ppm, expressed as methane, above 

background, measured using EPA Method 21, as identified in 40 CFR Part 60, 

Appendix A, Determination of Volatile Organic Compounds Leaks;
2

(J) “Loading facility” means any combination of equipment located on a premises 

and used to load or unload any VOC with a vapor pressure of 0.75 pounds per 

square inch or greater under standard conditions; 

(K) “Reid [Vapor Pressure] vapor pressure” or “RVP” means the vapor pressure of a 

liquid in pounds per square inch absolute at one hundred (100) degrees fahrenheit 

as determined by American Society for Testing and Materials method [D323-82 

“Standard Method for Vapor Pressure of Petroleum Products (Reid Method).] 

D5191-07 “Standard Test Method for Vapor Pressure of Petroleum Products 

(Mini Method);”

(L) “Roof landing” means the reduction of the liquid level in a floating roof tank so 

that the floating roof is no longer floating on the surface of the stored liquid but is 

resting on its legs or is supported from above by cables or hangers;

(M) "Storage tank" means any tank, reservoir or vessel that is a container for liquids or 

gases, wherein:

(i) No manufacturing process, or part thereof, other than filling or emptying 

takes place, and

(ii) The only treatment carried out is treatment necessary to prevent change 

from occurring in the physical condition or chemical properties of the 

liquids or gases deposited into the container. Such treatment may include 

recirculating, agitating, maintaining the temperature of the stored liquids 

or gases, or replacing air in the vapor space above the stored liquids or 

gases with an inert gas in order to inhibit the occurrence of a chemical 

reaction;

[“Throughput” means the number of gallons delivered through all equipment at a dispensing 

facility or a loading facility over a specified time interval.]

(N) “Underground” means situated below the grade of the land and completely 

covered with soil;

(O) “Vapor balance system” means a combination of pipes or hoses [which] that

creates a closed connection between the vapor spaces of an unloading [“]tank[”] 

and receiving [“]tank[”] such that vapors displaced from the receiving [“]tank[”] 

are transferred to the [“]tank[”] being unloaded and for which the vapor space 

connections on the unloading tank, the receiving tank and the pipes or hoses used 

are equipped with fittings [which] that are vapor-tight and [which] will 

automatically and immediately close upon disconnection so as to prevent the 

release of vapors. [The complete system as a whole and not just the individual 

components shall have been tested and approved by a nationally recognized 

testing laboratory.];

(P) “Vapor recovery system” means a device or system [of devices with attendant 

valves, fittings, piping, and other appurtenances incorporating a means for the 

incineration of vapors or the liquefaction of vapors by absorption, adsorption, 

condensation or other means. The complete system as a whole and not just the 
3

individual components shall have been tested and approved by a nationally 

recognized testing laboratory.] that collects vapors to prevent release into the 

atmosphere. Collected vapors are recovered for use or destroyed; and

(Q) "Vapor-tight" means not capable of allowing the passage of gases at the pressures 

encountered.

[(a)(2) No “person” shall place, store or hold in any stationary “tank” reservoir or other container 

of more than 40,000 gallons capacity any “volatile organic compound” with a vapor pressure of 

1.5 pounds per square inch absolute or greater under actual storage conditions unless the “tank,” 

reservoir or other container is a pressure “tank” capable of maintaining working pressures 

sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed, and equipped, 

with one of the vapor loss control devices listed in subparagraphs (A) through (D) below. If the 

control devices specified in subparagraphs 22a-174- 20(a)(2)(A) or (a)(2)(D) are used to comply 

with the requirements of this subdivision, then the requirements of subdivision 22a-174-20(a)(8) 

must also be met.]

(2) No owner or operator shall place, store or hold in any aboveground storage tank of 

40,000 gallons (150,000 liters) capacity or greater any VOC with a vapor pressure of 0.75 

pounds per square inch or greater under standard conditions unless the tank is designed and 

equipped with a vapor loss control device identified in either subparagraph (A), (B), (C) or (D) 

of this subdivision.

(A) The tank is a pressure tank capable of maintaining working pressures sufficient at 

all times to prevent vapor or gas loss to the atmosphere;

[(A)](B) [A] The tank is equipped with a fixed roof and a floating roof[, consisting of a 

pontoon type, double deck type roof or internal floating cover, which will rest] 

that rests on the surface of the liquid contents and [be] is equipped with a closure 

seal or seals to close the space between the roof edge and [“]tank[”] wall. This 

control equipment is not permitted if the [“volatile organic compound”] VOC has 

a vapor pressure of 11.0 pounds per square inch absolute (568 mm. Hg)[,] or 

greater under [actual storage] standard conditions. [All “tank” gauging or 

sampling devices must be gas-tight except when “tank” gauging or sampling is 

taking place.] The owner or operator shall operate and maintain such a tank to 

ensure that:

(i) There are no visible holes, tears or other openings in the seal or any seal 

fabric or materials,

(ii) All openings except stub drains are equipped with covers, lids or seals 

such that:

(I) The cover, lid or seal is in the closed position at all times except 

when in actual use,

(II) Automatic bleeder vents are closed at all times except when the 

roof is being floated off or being landed on the roof leg supports, 

and
4

(III) Rim vents, if provided, are set to open to the manufacturer's 

recommended setting when the roof is floated off the roof leg 

supports or cables, 

(iii) All tank gauging and sampling devices are vapor-tight except when tank 

gauging or sampling is taking place, and

(iv) No liquid accumulates on the top of the floating roof;

[(B)](C) [A] The tank is equipped with a fixed roof and a [“]vapor recovery system[” 

which collects all volatile organic compound vapors and gases discharged from 

the tank and a vapor return or disposal system which] that is designed and 

operated to [process such vapors so as to] reduce [their emission] emissions to the 

atmosphere of VOC by at least 95 percent by weight. An owner or operator 

limiting vapor loss according to this subparagraph shall perform the following 

actions no later than ten years after the effective date of this subsection if the tank 

is in existence prior to the effective date of this subsection or by the initial fill date 

if a tank is constructed on or after the effective date of this subsection:

(i) Equip any gauging or sampling device on the tank with a leak-free cover 

that shall be closed at all times, with no visible gaps, except during 

gauging or sampling,

(ii) Maintain the fixed roof in a leak-free condition with no holes, tears or 

uncovered openings, and

(iii) Install and maintain each roof opening in a leak-free condition at all times

except when the cover is open for access or when a vent is required to be 

open to relieve excess pressure or vacuum in accordance with the 

manufacturer’s design, or

(iv) Once per month, demonstrate compliance with this subsection by 

inspecting the fittings located on the roof, piping, pressure relief valves 

and all other valves to ensure they are leak-free using EPA Method 21 or 

using another method approved by the commissioner; or

[(C)](D) [Other] The tank is equipped with other equipment or means of air pollution 

control with an efficiency equal to or greater than that required under 

subparagraph [22a-174-20(a)(2)(B)] (C) of this subdivision [for purposes of “air 

pollution” control as may be] that is approved by the [“Commissioner”] 

commissioner by permit or order.

[(D) On or after June 1, 1985 a floating roof, consisting of a pontoon type, double deck 

type roof or external floating cover, which will rest on the surface of the liquid 

contents and be equipped with primary and secondary closure seals to close the 

space between the roof edge and the tank wall. This control equipment is not 

permitted if the volatile organic compound has a vapor pressure of 11.0 pounds per 

square inch absolute (568 mm. Hg), or greater under actual storage conditions. All 

tank gauging or sampling devices must be gas-tight except when tank gauging or 
5

sampling is taking place. The owner or operator of any tank subject to this provision 

shall ensure that:

(i) Any seal is intact and uniformly in place around the circumference of the floating roof 

between the floating roof and the tank wall;

(ii) The total area of gaps, determined in accordance with the requirements of subdivision 

22a-174-20(a)(9), exceeding 0.125 inches in width between the secondary closure 

seal and the tank wall does not exceed 1.0 square inch per foot of tank diameter;

(iii) A secondary closure seal gap measurement as specified in (ii) above is made 

annually;

(iv) A visual inspection of the secondary closure seal is conducted semi-annually;

(v) Any emergency roof drain is provided with a slotted fabric cover which covers at 

least ninety percent (90%) of the area opening.] 

(3) An owner or operator limiting vapor loss according to subdivision (2)(B) of this 

subsection shall conduct inspections as follows: 

(A) Once per month visually inspect the floating roof deck, deck fittings and rim seal 

system through the roof hatches of the fixed roof to determine compliance with 

the requirements of subdivision (2)(B) of this subsection; and 

(B) Whenever the tank is emptied and degassed, but no less than once every 10 years, 

conduct an inspection from within the tank by:

(i) Visually inspecting the floating roof deck, deck fittings and rim seal system 

to determine compliance with the requirements of subdivision (2)(B) of this 

subsection and ensure that the seal between the floating roof and the tank 

wall is uniform, and

(ii) Physically measuring gaps between any deck fitting gasket, seal or wiper 

and any surface that it is intended to seal. Gaps shall not exceed 0.125 

inches.

(C) The inspection specified in subparagraph (B) of this subdivision may be 

performed entirely from the top side of the floating roof as long as there is visual 

access to all deck components specified in subdivision (2)(B) of this subsection.

(4) If any piping, valves, vents, seals, gaskets or covers of roof openings are found to have 

defects or visible gaps or the VOC control requirements of this subsection are not met, the owner 

or operator shall:

(A) If the tank is not storing liquid, complete repairs or replacement prior to filling the 

tank;

(B) If the tank is storing liquid, complete repairs or replacement or remove the tank 

from service within 45 days after discovery of the needed repair or replacement. If 
6

the owner or operator anticipates that a repair or replacement cannot be completed 

or the tank cannot be emptied within 45 days, the owner or operator shall notify 

the commissioner prior to the end of the 45 day period. The owner or operator 

shall make repairs or completely empty the tank as soon as possible; and

(C) Any evidence of leakage as described in this subsection shall also be treated as a 

malfunction of control equipment as described in section 22a-174-7 of the 

Regulations of Connecticut State Agencies. A re-inspection in accordance with 

the provisions of this subdivision (3) if this subsection shall be performed 

immediately after all required repairs are complete.

[(a)(3)](5) No [“]person[”] shall place, store, or hold in any stationary storage vessel of more 

than 250-gallon (950 liter) capacity any [“volatile organic compound”] VOC with a vapor 

pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard

conditions unless such vessel is equipped with a permanent [“]submerged fill pipe[” with a 

discharge point eighteen (18) inches or less from the bottom of the storage vessel] or is a 

pressure [“]tank[”] as described in subdivision [22a-174-20(a)(2)] (2)(A) of this subsection. 

Submerged fill pipes installed on or before the effective date of this subsection shall have a 

discharge point no more than 18 inches from the bottom of the storage tank or be compliant with 

the requirements of 40 CFR 63 Subpart CCCCCC. Submerged fill pipes installed after the 

effective date of this subsection shall have a discharge point no more than six inches from the 

bottom of the storage tank.

[(a)(4)](6) The provisions of subdivision [22a-174-20(a)(3)] (5) of this subsection shall not apply 

to the loading of [“volatile organic compounds”] VOC into any storage vessel having a capacity 

of less than one-thousand (1,000) gallons [which was] installed prior to June 1, 1972, nor to any 

underground storage vessel installed prior to June 1, 1972, where the fill pipe between the fill 

connection and the storage vessel is an [“]offset fill pipe.[”]

(7) The external surfaces of any storage tank containing VOC with a vapor pressure of 0.75 

pounds per square inch or greater under standard conditions that has a maximum capacity of 

2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun shall be either millfinished aluminum or painted and maintained white upon the next painting of the tank, or upon 

being returned to service after being out of service for the first time after the effective date of this 

subsection, whichever is sooner, and no less than 10 years after the effective date of this 

subsection, except the requirement to use mill-finished aluminum or white paint shall not apply 

to words and logograms applied to the external surface of the storage tank for purposes of 

identification provided such symbols do not cover more than 20 percent of the external surface 

area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is 

less.

(8) When performing a roof landing of a floating roof tank, the owner or operator of any tank 

shall:

(A) When the roof is resting on its leg supports or suspended by cables or hangers, the 

process of filling, emptying or refilling shall be continuous and shall be 

accomplished as rapidly as possible; and
7

(B) After the tank is degassed for the first time after the effective date of this 

subsection, any in-service roof landing shall be with the landed height of the 

floating roof at its minimum setting.

(9) On and after one year after the effective date of this subsection, the owner or operator of 

any aboveground storage tank subject to subdivision (2) of this subsection shall not perform 

degassing and cleaning during the period from May 1 through September 30 of any year unless 

the owner or operator complies with the requirements of this subdivision.

(A) An owner or operator may degas a tank if the owner or operator:

(i) Empties the tank of the VOC liquid, 

(ii) Minimizes VOC vapors in the tank vapor space by one of the methods 

identified in subclauses (I) through (IV) of this clause. 

(I) Exhausts VOCs contained in the tank vapor space to a vapor 

control system rated at a minimum 95 percent efficiency until the 

organic vapor concentration is 5,000 parts per million by volume 

(ppmv) or less as methane, or is 10 percent or less of the lower 

explosive limit, whichever is less,

(II) Displaces VOCs contained in the tank vapor space to a vapor 

control system rated at a minimum 95 percent efficiency by filling 

the tank with a suitable liquid until 90 percent or more of the 

maximum operating level of the tank is filled. Suitable liquids are 

organic liquids having a vapor pressure of less than 0.5 pounds per 

square inch, water, clean produced water, or produced water 

derived from crude oil having a vapor pressure less than 0.5 

pounds per square inch,

(III) If the tank is a free-water knockout tank, degases the tank vapor 

space by restricting the outflow of water and floating off the 

oilpad, such that at least 90 percent of the tank volume is 

displaced, or

(IV) Uses another measure approved by the commissioner as being 

equally or more effective in preventing VOC emissions to the 

outdoor atmosphere. A request to use such a measure shall be 

submitted in writing to the commissioner no less than 30 days prior 

to conducting degassing, and 

(V) For a floating roof tank, the vapor in the vapor space below the 

floating roof shall be controlled, and

(iii) As appropriate, temporarily removes a suitable tank fitting, such as a 

manway, to facilitate connection to an external vapor control system for 

no longer than one hour;

(B) The owner or operator may clean a tank if:
8

(i) At least one of the following cleaning agents is used:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees 

Fahrenheit,

(III) A solvent with a vapor pressure less than 0.5 pounds per square 

inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner, or

(ii) Steam cleaning is performed; and

(C) The owner or operator shall control emissions from the sludge removed from a 

tank that stores a VOC with a vapor pressure of 1.5 pounds per square inch or 

greater at standard conditions by:

(i) During sludge removal, controlling emissions from the receiving vessel by 

operating a vapor control system that reduces VOC emissions by at least 

95 percent,

(ii) Transferring removed sludge into containers that are vapor-tight and free 

of liquid leaks, and

(iii) For sludge stored onsite, storing removed sludge in containers that are 

vapor-tight and free of liquid leaks or in tanks that comply with 

subdivision (2) of this subsection.

(10) Records. 

(A) An owner or operator shall maintain records including, at a minimum, the 

information described in subparagraph (B) of this subdivision. All such records 

shall be:

(i) Made available to the commissioner to inspect and copy upon request, and

(ii) Maintained for five years from the date such record is created.

(B) An owner or operator shall maintain records of the following information:

(i) For a tank equipped with a vapor loss control device specified in 

subdivision (2) of this subsection:

(I) Type of VOC stored, vapor pressure and monthly throughput,
9

(II) A Material Safety Data Sheet or Environmental Data Sheet for each 

VOC stored, and

(III) Records of the inspections conducted under subdivision (3) of this 

subsection including, but not limited to, date of the inspection, 

results and corrective actions taken, if applicable,

(ii) Documentation of control device efficiency and capture efficiency, if 

applicable, using an applicable EPA reference method or alternate method 

as approved by the commissioner,

(iii) Date and type of maintenance performed on air pollution control 

equipment, if applicable,

(iv) Documentation of any leak detected, including, but not limited to, the date 

the leak was detected, location of the leak, type of repair made and the 

date of repair and explanation of the reason for delaying repair, if 

applicable,

(v) For each floating roof landing event, the tank contents before landing and 

after refilling, landed height of the floating roof, height of any liquid 

remaining in the bottom of the tank after landing, duration of landing and 

landing emissions calculated using AP-42 Chapter 7 methodology, 

(vi) Records of all tank degassing, cleaning and sludge removal activities 

performed pursuant subdivision (9) of this subsection, and 

(vii) Any approval by the commissioner issued pursuant to this subsection. 

[(a)(5)](11) Between May 1 and September 15 the owner or [“]operator[”] of any [“]gasoline 

storage tank farm[”] shall not offer for sale, sell or deliver to any [“]dispensing facility[”] in 

Connecticut [“]gasoline[”] with a [“]Reid Vapor Pressure[”] in excess of 9.0 pounds per square 

inch.

[(a)(6)](12) In addition to the requirements of section 22a-174-4 of the Regulations of 

Connecticut State Agencies, the [“Commissioner”] commissioner may by permit or order require 

the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] to provide records of the 

analysis of [“]gasoline[”] samples to determine compliance with the provisions of subdivision 

[22a-174-20(a)(5)] (11) of this subsection.

[(a)(7) Any “person” who samples or tests “gasoline” for the purposes of determining 

compliance with subdivision 22a-174-20(a)(5) shall use the following American Society for 

Testing and Materials (ASTM) test methods:

(A) ASTM Method D323-82, “Standard Method for Vapor Pressure of Petroleum 

Products (Reid Method)”;

(B) ASTM Method D4057-81, “Standard Practice for Sampling of Petroleum and 

Petroleum Products”; or
10

(C) ASTM Method D270 “Standard Method of Sampling of Petroleum and Petroleum 

Products.”]

(13) Samples to be analyzed for Reid vapor pressure shall be collected and handled according 

to the applicable procedures in American Society for Testing and Materials method D 5842–

95(2000), “Standard Practice for Sampling and Handling of Fuels for Volatility Measurement.”

(14) Reid vapor pressure shall be determined using American Society for Testing and 

Materials method D5191-07 (2007), except that the following correlation equation shall be used: 

RVP psi = (0.956 * X) − 0.347.

[(a)(8) The owner or operator of any “tank” which uses the control devices specified in 

subparagraphs 22a-174-20(a)(2)(A) or (a)(2)(D) shall ensure that such “tank” meets the 

requirements of subparagraphs (A) through (F) of this subdivision.

(A) There are no visible holes, tears or other openings in the seal or any seal fabric or 

materials.

(B) All openings except stub drains are equipped with covers, lids or seals such that:

(i) the cover, lid or seal is in the closed position at all times except in actual use; 

and

(ii) automatic bleeder vents are closed at all times except when the roof is being 

floated off or being landed on the roof leg supports; and

(iii) rim vents, if provided, are set to open when the roof is being floated off the 

roof leg supports or at the manufacturer's recommended setting.

(C) Routine inspections are conducted through roof hatches once per month.

(D) A complete inspection of cover and seal is conducted whenever the “tank” is 

emptied for non-operational reasons but in any event at least once per year; and

(E) Records of the average monthly storage temperature, true vapor pressure, monthly 

throughput and type of volatile organic compounds stored are maintained and kept 

for a minimum of two (2) years after such record is made.

(F) Records of the results of the inspections conducted under subparagraphs (C) and (D) 

of this subdivision are maintained and kept for a minimum of two (2) years after 

such record is made.

(a)(9) Compliance with the requirements regarding the total area of gaps under subparagraph 

22a-174-20(a)(2)(D) shall be determined by physically measuring the length and width of all 

gaps around the entire circumference of the secondary seal in each place where a O.32 cm (1/8 

in.) uniform diameter probe passes freely (without forcing or binding against the seal) between 

the seal and the tank wall and summing the area of the individual gaps. Any person who 

proposes to conduct this test shall notify the Department's Air Compliance Unit not less than 

thirty (30) days before the test so the Department may, at its option, observe the test.

(a)(10) The owner or operator of any tank with a capacity in excess of 40,000 gallons and which 

is equipped with an external floating roof shall maintain records of the average monthly storage 

temperature, the type of liquid stored and its vapor pressure, for any “volatile organic 
11

compound” with a vapor pressure under actual storage conditions which is greater than 1.0 

pounds per square inch but less than 1.5 pounds per square inch.]

Sec 2. Subdivisions (1) through (4) of subsection (b) of section 22a-174-20 of the 

Regulations of Connecticut State Agencies are amended to read as follows:

(1) [Additional definitions. For the purposes of this subsection the following definition shall 

apply:

“Loading facility” means any aggregation or combination of equipment located on a 

premises and used to load or unload any volatile organic compound with a vapor pressure 

of 1.5 pounds per square inch or greater under actual storage conditions.] Reserved.

(2) No person shall load or permit the loading of any [volatile organic compound] VOC with 

a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard

conditions into any delivery vehicle from any loading facility with a throughput of 10,000 

gallons or more in any one day unless such loading facility is equipped with a vapor collection 

and [disposal] vapor recovery system or its equivalent, properly installed, in good working order, 

and in operation, and:

(A) [the] The vapors discharged from the delivery vehicle during loading are 

processed by a vapor recovery system; and

(B) [the] The amount of [volatile organic compounds] VOCs released to the ambient 

air is less than 80 milligrams per liter of liquid loaded over a six (6) hour period. 

To determine compliance with this requirement the reference methods and test 

procedures found in [Title] 40 Code of Federal Regulations [Part] 60.503(a) and

[Part] 60.503(c), respectively, shall be used.

(3) No person shall load or permit the loading of any [volatile organic compounds] VOC

with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] 

standard conditions into any delivery vehicle having a capacity in excess of 200 gallons (760 

liters) from any loading facility with a throughput of 10,000 gallons or more in any one day 

unless such loading facility is equipped with a loading arm with a vapor collection adaptor, 

pneumatic, hydraulic, or other mechanical means to force a vapor-tight seal between the adaptor 

and the hatch. A means shall be provided to prevent liquid organic compounds drainage from 

the loading device when it is removed from the hatch of any delivery vehicle, or to accomplish 

complete drainage before such removal. When loading is effected through means other than 

hatches, all loading and vapor lines shall be equipped with fittings [which] that make vapor-tight 

connections and [which] close automatically when disconnected.

(4) Subdivisions (2) and (3) of this subsection shall apply only to the loading of [volatile 

organic compounds] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater 

under [actual storage] standard conditions at a facility from which at least 10,000 gallons of such 

organic compounds are loaded in any one day. The applicability of subdivisions (2) and (3) of 

this subsection shall be based upon a thirty day rolling average, and once a loading facility 

exceeds this limit, the requirements of subdivisions (2) and (3) of this subsection shall [always] 

apply.
12

Sec 3. Subsection (b) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended by adding subdivision (17):

(NEW) 

(17) The owner or operator shall not cause, allow or permit leakage from any equipment in 

VOC service, including but not limited to pumps, valves and compressors. The owner or 

operator of any equipment in VOC service that is leaking as determined by sight, smell, sound or 

VOC measured in excess of 5000 parts per million shall repair such leak no later than fifteen 

days after detection. A request to delay a repair of a leak may be made to the commissioner in 

writing if the repair is infeasible for technical or safety reasons. Such a request shall be 

submitted no later than 15 days after detection of the leak.

Sec 4. Subsection (c) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended to read as follows:

(c) [“]Volatile organic compound[” /] and water separation. No [“person”] owner or 

operator shall use any compartment of any single or multiple compartment [“]volatile organic 

compound[”/ “] and waste water separator[” which] that receives effluent water containing 200 

gallons (760 liters) a day or more of any [“volatile organic compound”] VOC with a vapor 

pressure of 1.5 pounds per square inch or more from any equipment processing, refining, 

treating, storing, or handling [“volatile organic compounds”] VOC unless such compartment is 

equipped with one or more of the following vapor loss control devices, properly installed, in 

good working order, and in operation:

(1) A container having all openings sealed and totally enclosing the liquid contents. All 

gauging and sampling devices shall be [gas-tight] vapor-tight except when gauging or sampling 

is taking place[.];

(2) A container [equipped with a floating roof, consisting of a pontoon type, double deck 

type roof, or internal floating cover, which will rest on the surface of the contents and be 

equipped with a closure seal or seals to close the space between the roof edge and container wall. 

All gauging and sampling devices shall be gas tight except when gauging or sampling is taking 

place.] meeting the requirements of subparagraph (a)(2)(B) of this section;

(3) A container equipped with a [“]vapor recovery system[” which collects all volatile 

organic compound vapors discharged from the container and which processes such vapors to 

reduce their] that reduces VOC emissions by at least 95 per cent by weight[.]; or

(4) A container having other equipment of [equal] equivalent efficiency [for the purpose of 

“air pollution” control as required by subdivision (3) of this subsection] may be approved by the 

[“Commissioner”] commissioner by permit or order.

Sec 5. Subsection (x)(12) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended to read as follows:

(12) Notice and retests.

Any evidence of leakage as described in this subsection shall [also] be treated as a malfunction 

of control equipment or methods as described in section 22a-174-7 of the Regulations of 

Connecticut State Agencies. [Corrective actions shall be taken in accordance with the provisions 

of subsection [22a-174-7(c).] A retest in accordance with the provisions of subdivision [(x)(8)] 
13

(8) of [section 22a-174-20] this subsection [must] shall be performed [immediately] not more 

than two business days after all required repairs are complete.

Statement of purpose

The main purpose of this proposal is to enhance existing and add new requirements to control 

volatile organic compound (VOC) emissions from large aboveground storage tanks (AST). The 

requirements are consistent with those in other Northeastern states and generally conform to 

measures used by AST owners and operators as a means to limit product loss. The proposal will 

also create a small reduction in VOC emissions that will assist Connecticut to attain and maintain 

the federal national ambient air quality standard for ozone. 

The Department of Energy and Environmental Protection (DEEP) currently regulates VOC 

emissions from storage and transfer of VOC-containing substances under section 22a-174-20 of 

the Regulations of Connecticut State Agencies. DEEP is proposing to remove the option of 

using an undomed floating roof tank to store VOC, clarify inspection requirements and add 

requirements for roof landing events and degassing and cleaning operations. (Section 1) For 

storage and transfer of VOC, DEEP is also proposing to include a lower vapor pressure floor for 

determining applicability and simplify that provision by basing it on absolute vapor pressure 

rather than actual vapor pressure. (Sections 1 and 2) To minimize fugitive emissions facilitywide, DEEP is proposing to require timely repair of leaks throughout the VOC storage and 

transfer facility. (Section 3) In addition, DEEP is proposing to revise the floating roof 

requirements for volatile organic compound and water separators to be consistent with the 

floating roof requirements for storage tanks. (Section 4)

Minor revisions are proposed to the leak control provisions for synthetic organic chemical and 

polymer manufacturing equipment by removing an outdated regulatory reference and clarifying 

the time limit for retesting. (Section 5)

The proposal has no legal impact beyond the direct impact on operations of the owners and 

operators of equipment subject to the revised requirements.
Attachment 3

Final Text of the Proposal, Based on Recommendations in the Hearing 

Officer’s Report

Section 1. Subsection (a) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended to read as follows:

Sec. 22a-174-20. Control of organic compound emissions

(a) Storage of [“]volatile organic compounds[”] and restrictions for the Reid [Vapor 

Pressure] vapor pressure of gasoline.

[(a)](1) Definitions. For the purposes of this subsection and subsections (b) and (c) of this 

section:

(R) “Aboveground” means located on or above the surface of the ground, partially 

buried, bunkered or located in a subterranean vault; 

(S) “Approved control system” means, a vapor balance system or a vapor recovery 

system[.];

(T) “Degassing” means the process of removing organic vapors from a storage tank in 

preparation for human entry;

(U) “Delivery vehicle” means a tank truck, tank-equipped trailer, railroad tank car, or 

other [“]mobile source[”] equipped with a storage [“]tank[”] used for the 

transportation of gasoline from [“]sources[”] of supply to any stationary storage 

[“]tank[.”];

(V) “Dispensing facility” means any site where gasoline is delivered to motor vehicles 

other than agricultural vehicles from any stationary storage [“]tank[”] with a 

capacity of 250 gallons or more[.];

(W) “Floating roof” means a movable roof in a storage vessel consisting of a floating 

deck resting on the surface of the liquid contents, a continuous seal supported 

against the inner surface of the tank shell, and an envelope closing the gap 

between the floating deck and the seal. The entire deck, seal and envelope 

combination is free to rise and fall with the surface of the liquid during filling and 

emptying of the storage vessel;

(X) “Gasoline” means any petroleum distillate or petroleum distillate and alcohol 

blend [having a reid vapor pressure of four pounds or greater] commercially 

known or sold as “gasoline” and commonly used as [a motor vehicle] an internal 

combustion engine fuel[.]; 

(Y) “Gasoline storage tank farm” means a [“premise”] premises with any individual 

[“]gasoline[”] storage [“]tank[”] with a capacity equal to or greater than forty 

thousand (40,000) gallons[.];
Post Hearing 2

(Z) “Leak-free” means a condition that exists when the reading on a portable 

hydrocarbon analyzer is less than 500 ppm, expressed as methane, above 

background, measured using EPA Method 21, as identified in 40 CFR Part 60, 

Appendix A, Determination of Volatile Organic Compounds Leaks;

(AA) “Loading facility” means any combination of equipment located on a premises 

and used to load or unload any VOC with a vapor pressure of 0.75 pounds per 

square inch or greater under standard conditions; 

(BB) “Reid [Vapor Pressure] vapor pressure” or “RVP” means the vapor pressure of a 

liquid in pounds per square inch absolute at one hundred (100) degrees fahrenheit 

as determined by American Society for Testing and Materials method [D323-82 

“Standard Method for Vapor Pressure of Petroleum Products (Reid Method).] 

D5191-07 “Standard Test Method for Vapor Pressure of Petroleum Products 

(Mini Method);”

(CC) “Roof landing” means the reduction of the liquid level in a floating roof tank so 

that the floating roof is no longer floating on the surface of the stored liquid but is 

resting on its legs or is supported from above by cables or hangers;

(DD) "Storage tank" means any tank, reservoir or vessel that is a container for liquids or 

gases, wherein:

(i) No manufacturing process, or part thereof, other than filling or emptying 

takes place, and

(ii) The only treatment carried out is treatment necessary to prevent change 

from occurring in the physical condition or chemical properties of the 

liquids or gases deposited into the container. Such treatment may include, 

but is not limited to, recirculating, agitating, maintaining the temperature 

of the stored liquids or gases, replacing air in the vapor space above the 

stored liquids or gases with an inert gas to inhibit the occurrence of a 

chemical reaction or adding a biocide to prevent microbial growth;

(EE) “Throughput” means the number of gallons delivered through all equipment at a 

dispensing facility or a loading facility over a specified time interval[.];

(FF) “Underground” means “underground” as defined in section 22a-449(d)-1(a)(2) of 

the Regulations of Connecticut State Agencies;

(GG) “Vapor balance system” means a combination of pipes or hoses [which] that

creates a closed connection between the vapor spaces of an unloading [“]tank[”] 

and receiving [“]tank[”] such that vapors displaced from the receiving [“]tank[”] 

are transferred to the [“]tank[”] being unloaded and for which the vapor space 

connections on the unloading tank, the receiving tank and the pipes or hoses used 

are equipped with fittings [which] that are vapor-tight and [which] will 

automatically and immediately close upon disconnection so as to prevent the 

release of vapors. [The complete system as a whole and not just the individual 

components shall have been tested and approved by a nationally recognized 

testing laboratory.];
Post Hearing 3

(HH) “Vapor recovery system” means a device or system [of devices with attendant 

valves, fittings, piping, and other appurtenances incorporating a means for the 

incineration of vapors or the liquefaction of vapors by absorption, adsorption, 

condensation or other means. The complete system as a whole and not just the 

individual components shall have been tested and approved by a nationally 

recognized testing laboratory.] that collects vapors to prevent release into the 

atmosphere. Collected vapors are recovered for use or destroyed; and

(II) "Vapor-tight" means not capable of allowing the passage of gases at the pressures 

encountered.

[(a)(2) No “person” shall place, store or hold in any stationary “tank” reservoir or other container 

of more than 40,000 gallons capacity any “volatile organic compound” with a vapor pressure of 

1.5 pounds per square inch absolute or greater under actual storage conditions unless the “tank,” 

reservoir or other container is a pressure “tank” capable of maintaining working pressures 

sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed, and equipped, 

with one of the vapor loss control devices listed in subparagraphs (A) through (D) below. If the 

control devices specified in subparagraphs 22a-174- 20(a)(2)(A) or (a)(2)(D) are used to comply 

with the requirements of this subdivision, then the requirements of subdivision 22a-174-20(a)(8) 

must also be met.]

(2) No owner or operator shall place, store or hold in any aboveground storage tank of 

40,000 gallons (150,000 liters) capacity or greater any VOC with a vapor pressure of 0.75 

pounds per square inch or greater under standard conditions unless the tank is designed and 

equipped with a vapor loss control device identified in either subparagraph (A), (B), (C) or (D) 

of this subdivision.

(A) The tank is a pressure tank capable of maintaining working pressures sufficient at 

all times to prevent vapor or gas loss to the atmosphere;

[(A)](B) [A] The tank is equipped with a fixed roof and a floating roof[, consisting of a 

pontoon type, double deck type roof or internal floating cover, which will rest] 

that rests on the surface of the liquid contents and [be] is equipped with a closure 

seal or seals to close the space between the roof edge and [“]tank[”] wall. This 

control equipment is not permitted if the [“volatile organic compound”] VOC has 

a vapor pressure of 11.0 pounds per square inch absolute (568 mm[.] Hg)[,] or 

greater under [actual storage] standard conditions. [All “tank” gauging or 

sampling devices must be gas-tight except when “tank” gauging or sampling is 

taking place.] The owner or operator shall operate and maintain such a tank to 

ensure that:

(i) There are no visible holes, tears or other openings in the seal or any seal 

fabric or materials,

(ii) All openings except stub drains are equipped with covers, lids or seals 

such that:
Post Hearing 4

(I) The cover, lid or seal is in the closed position at all times except 

when in actual use,

(II) Automatic bleeder vents are closed at all times except when the 

roof is being floated off or being landed on the roof leg supports, 

and

(III) Rim vents, if provided, are set to open to the manufacturer's 

recommended setting when the roof is floated off the roof leg 

supports or cables, 

(iii) All tank gauging and sampling devices are vapor-tight except when tank 

gauging or sampling is taking place, and

(iv) No liquid accumulates on the top of the floating roof;

[(B)](C) [A] The tank is equipped with a fixed roof and a [“]vapor recovery system[” 

which collects all volatile organic compound vapors and gases discharged from 

the tank and a vapor return or disposal system which] that is designed and 

operated to [process such vapors so as to] reduce [their emission] emissions of 

VOC to the atmosphere by at least 95 percent by weight. An owner or operator 

limiting vapor loss according to this subparagraph shall perform the following 

actions no later than ten years after the effective date of this subsection if the tank 

is in existence prior to the effective date of this subsection or by the initial fill date 

if a tank is constructed on or after the effective date of this subsection:

(i) Equip any gauging or sampling device on the tank with a leak-free cover 

that shall be closed at all times, with no visible gaps, except during 

gauging or sampling,

(ii) Maintain the fixed roof in a leak-free condition with no holes, tears or 

uncovered openings, and

(iii) Install and maintain each roof opening in a leak-free condition at all times

except when the cover is open for access or when a vent is required to be 

open to relieve excess pressure or vacuum in accordance with the 

manufacturer’s design, or

(iv) Once per month, demonstrate compliance with this subsection by 

inspecting the fittings located on the roof, piping, pressure relief valves 

and all other valves to ensure they are leak-free using EPA Method 21 or 

using another method approved by the commissioner and the 

Administrator; or

[(C)](D) [Other] The tank is equipped with other equipment or means of air pollution 

control with an efficiency equal to or greater than that required under 

subparagraph [22a-174-20(a)(2)(B)] (C) of this subdivision [for purposes of “air 

pollution” control as may be] that is approved by the [“Commissioner”] 
Post Hearing 5

commissioner [by] in a permit or order, where such permit or order has been 

approved by the Administrator.

[(D) On or after June 1, 1985 a floating roof, consisting of a pontoon type, double deck 

type roof or external floating cover, which will rest on the surface of the liquid 

contents and be equipped with primary and secondary closure seals to close the 

space between the roof edge and the tank wall. This control equipment is not 

permitted if the volatile organic compound has a vapor pressure of 11.0 pounds per 

square inch absolute (568 mm. Hg), or greater under actual storage conditions. All 

tank gauging or sampling devices must be gas-tight except when tank gauging or 

sampling is taking place. The owner or operator of any tank subject to this provision 

shall ensure that:

(i) Any seal is intact and uniformly in place around the circumference of the floating roof 

between the floating roof and the tank wall;

(ii) The total area of gaps, determined in accordance with the requirements of subdivision 

22a-174-20(a)(9), exceeding 0.125 inches in width between the secondary closure 

seal and the tank wall does not exceed 1.0 square inch per foot of tank diameter;

(iii) A secondary closure seal gap measurement as specified in (ii) above is made 

annually;

(iv) A visual inspection of the secondary closure seal is conducted semi-annually;

(v) Any emergency roof drain is provided with a slotted fabric cover which covers at 

least ninety percent (90%) of the area opening.] 

(3) An owner or operator limiting vapor loss according to subdivision (2)(B) of this 

subsection shall conduct inspections as follows: 

(A) Once per month visually inspect the floating roof deck, deck fittings and rim seal 

system through the roof hatches of the fixed roof to determine compliance with 

the requirements of subdivision (2)(B) of this subsection; and 

(B) Whenever the tank is emptied and degassed, but no less than once every 10 years, 

conduct an inspection from within the tank by:

(i) Visually inspecting the floating roof deck, deck fittings and rim seal system 

to determine compliance with the requirements of subdivision (2)(B) of this 

subsection and ensure that the seal between the floating roof and the tank 

wall is uniform, and

(ii) Physically measuring gaps between any deck fitting gasket, seal or wiper 

and any surface that it is intended to seal. Gaps shall not exceed 0.125 

inches.

(C) The inspection specified in subparagraph (B) of this subdivision may be 

performed entirely from the top side of the floating roof as long as there is visual 

access to all deck components specified in subdivision (2)(B) of this subsection.
Post Hearing 6

(4) For any tank subject to subdivision (2) of this subsection, if any piping, valves, vents, 

seals, gaskets or covers of roof openings are found to have defects or visible gaps or the VOC 

control requirements of this subsection are not met, the owner or operator shall:

(A) If the tank is not storing liquid, complete repairs or replacements prior to filling 

the tank;

(B) If the tank is storing liquid, complete repairs or replacements or remove the tank 

from service within 45 days after discovery of the defect or visible gap. If the 

owner or operator anticipates that a repair or replacement cannot be completed or 

the tank cannot be emptied within 45 days, the owner or operator shall notify the 

commissioner prior to the end of the 45-day period. The owner or operator shall 

make repairs or completely empty the tank as soon as possible; and

(C) Any evidence of leakage as described in this subsection shall also be treated as a 

malfunction of control equipment as described in section 22a-174-7 of the 

Regulations of Connecticut State Agencies. An inspection in accordance with the 

provisions of this subdivision (3) if this subsection shall be performed 

immediately after all required repairs are complete.

[(a)(3)](5) No [“]person[”] shall place, store, or hold in any stationary storage vessel of more 

than 250-gallon (950 liter) capacity any [“volatile organic compound”] VOC with a vapor 

pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard

conditions unless such vessel is equipped with a permanent [“]submerged fill pipe[” with a 

discharge point eighteen (18) inches or less from the bottom of the storage vessel] or is a 

pressure [“]tank[”] as described in subdivision [22a-174-20(a)(2)] (2)(A) of this subsection. 

Submerged fill pipes installed on or prior to the effective date of this subsection shall have a 

discharge point no more than 18 inches from the bottom of the storage tank or be compliant with 

the requirements of 40 CFR 63 Subpart CCCCCC. Submerged fill pipes installed after the 

effective date of this subsection shall have a discharge point no more than six inches from the 

bottom of the storage tank.

[(a)(4)](6) The provisions of subdivision [22a-174-20(a)(3)] (5) of this subsection shall not apply 

to the following:

(A) [loading] Loading of [“volatile organic compounds”] VOC into any storage vessel 

having a capacity of less than one-thousand (1,000) gallons [which was] installed 

prior to June 1, 1972[,];

(B) [nor to any] Any underground storage vessel installed prior to June 1, 1972, 

where the fill pipe between the fill connection and the storage vessel is an 

[“]offset fill pipe[.”]; or

(C) Any aboveground storage tank equipped with a floating roof.

(7) The external surfaces of any storage tank containing VOC with a vapor pressure of 0.75 

pounds per square inch or greater under standard conditions that has a maximum capacity of 

2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun shall be either millfinished aluminum or painted and maintained white upon the next painting of the tank, or upon 
Post Hearing 7

being returned to service after being out of service for the first time after the effective date of this 

subsection, whichever is sooner, and no less than 10 years after the effective date of this 

subsection, except the requirement to use mill-finished aluminum or white paint shall not apply 

to words and logograms applied to the external surface of the storage tank for purposes of 

identification provided such symbols do not cover more than 20 percent of the external surface 

area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is 

less.

(8) When performing a roof landing of a floating roof tank, the owner or operator of any tank 

shall:

(A) When the roof is resting on its leg supports or suspended by cables or hangers, 

empty and refill the tank as a continuous process; and

(B) After the tank is degassed for the first time after the effective date of this 

subsection, any in-service roof landing shall be with the landed height of the 

floating roof at its minimum setting.

(9) An owner or operator of an aboveground storage tank shall perform degassing and 

cleaning as set out in this subdivision.

(A) Beginning with the first June 1 after the effective date of this subsection, an 

owner or operator shall not perform degassing of any aboveground storage tank 

subject to subdivision (2) of this subsection during the period from June 1 

through August 31 of any calendar year, except as provided in subparagraph (B) 

of this subdivision; 

(B) Notwithstanding subparagraph (A) of this subdivision, an owner or operator may 

degas an aboveground storage tank at any time for the purpose of performing a 

repair that is necessary for safe and proper function of the tank. An owner or 

operator shall notify the commissioner when a tank is emptied and degassed under 

this subparagraph within 72 hours of completing the degassing and repair. Such 

notification shall be submitted to the Compliance Assistance and Coordination 

Unit of the Bureau of Air Management and shall include the following 

information:

(vii) Identification of the facility and the tank degassed,

(viii) Identification of the VOC stored,

(ix) An explanation of the need to degas the tank during the period from June 1 

through August 31,

(x) The date the owner or operator determined that degassing and repair 

would be necessary, 

(xi) The dates that degassing commenced and was completed,

(xii) The date that inspection, repair and refilling was or is anticipated to be 

completed; and
Post Hearing 8

(C) An owner or operator shall clean an aboveground storage tank subject to 

subdivision (2) of this subsection using one or more of the following methods:

(i) Using any of the following cleaning agents:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees 

Fahrenheit,

(III) A solvent with a vapor pressure less than 0.5 pounds per square 

inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner and the 

Administrator, or

(ii) Steam cleaning.

(10) Records. 

(A) An owner or operator shall maintain records including, at a minimum, the 

information described in subparagraph (B) of this subdivision. All such records 

shall be:

(i) Made available to the commissioner to inspect and copy upon request, and

(ii) Maintained for five years from the date such record is created.

(B) An owner or operator shall maintain records of the following information:

(i) For a tank equipped with a vapor loss control device specified in 

subdivision (2) of this subsection:

(I) Type of VOC stored, vapor pressure and monthly throughput,

(II) A Material Safety Data Sheet or Environmental Data Sheet for each 

VOC stored, and

(III) Records of the inspections conducted under subdivision (3) of this 

subsection including, but not limited to, date of the inspection, 

results and corrective actions taken, if applicable,

(ii) Documentation of control device efficiency and capture efficiency, if 

applicable, using an applicable EPA reference method or alternate method 

as approved by the commissioner and the Administrator,
Post Hearing 9

(iii) Date and type of maintenance performed on air pollution control 

equipment, if applicable,

(iv) Documentation of any leak detected pursuant to subdivision (4) of this 

subsection, including, but not limited to, the date the leak was detected, 

location of the leak, type of repair made and the date of repair and 

explanation of the reason for delaying repair, if applicable,

(v) For each floating roof landing event, the tank contents before landing and 

after refilling, landed height of the floating roof, height of any liquid 

remaining in the bottom of the tank after landing, duration of landing and 

landing emissions calculated using AP-42 Chapter 7 methodology, 

(vi) Dates of all tank degassing activities performed pursuant to subparagraphs 

(A) or (B) of subdivision (9) of this subsection, 

(vii) Date, cleaning method and cleaning agents used for any cleaning 

performed pursuant to subparagraph (C) of subdivision (9) of this 

subsection, and 

(viii) Any approval by the commissioner or Administrator issued pursuant to 

this subsection. 

[(a)(5)](11) Between May 1 and September 15 the owner or [“]operator[”] of any [“]gasoline 

storage tank farm[”] shall not offer for sale, sell or deliver to any [“]dispensing facility[”] in 

Connecticut [“]gasoline[”] with a [“]Reid Vapor Pressure[”] in excess of 9.0 pounds per square 

inch.

[(a)(6)](12) In addition to the requirements of section 22a-174-4 of the Regulations of 

Connecticut State Agencies, the [“Commissioner”] commissioner may by permit or order require 

the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] to provide records of the 

analysis of [“]gasoline[”] samples to determine compliance with the provisions of subdivision 

[22a-174-20(a)(5)] (11) of this subsection.

[(a)(7) Any “person” who samples or tests “gasoline” for the purposes of determining 

compliance with subdivision 22a-174-20(a)(5) shall use the following American Society for 

Testing and Materials (ASTM) test methods:

(A) ASTM Method D323-82, “Standard Method for Vapor Pressure of Petroleum 

Products (Reid Method)”;

(B) ASTM Method D4057-81, “Standard Practice for Sampling of Petroleum and 

Petroleum Products”; or

(C) ASTM Method D270 “Standard Method of Sampling of Petroleum and Petroleum 

Products.”

(a)(8) The owner or operator of any “tank” which uses the control devices specified in 

subparagraphs 22a-174-20(a)(2)(A) or (a)(2)(D) shall ensure that such “tank” meets the 

requirements of subparagraphs (A) through (F) of this subdivision.
Post Hearing 10

(A) There are no visible holes, tears or other openings in the seal or any seal fabric or 

materials.

(B) All openings except stub drains are equipped with covers, lids or seals such that:

(i) the cover, lid or seal is in the closed position at all times except in actual use; 

and

(ii) automatic bleeder vents are closed at all times except when the roof is being 

floated off or being landed on the roof leg supports; and

(iii) rim vents, if provided, are set to open when the roof is being floated off the 

roof leg supports or at the manufacturer's recommended setting.

(C) Routine inspections are conducted through roof hatches once per month.

(D) A complete inspection of cover and seal is conducted whenever the “tank” is 

emptied for non-operational reasons but in any event at least once per year; and

(E) Records of the average monthly storage temperature, true vapor pressure, monthly 

throughput and type of volatile organic compounds stored are maintained and kept 

for a minimum of two (2) years after such record is made.

(F) Records of the results of the inspections conducted under subparagraphs (C) and (D) 

of this subdivision are maintained and kept for a minimum of two (2) years after 

such record is made.

(a)(9) Compliance with the requirements regarding the total area of gaps under subparagraph 

22a-174-20(a)(2)(D) shall be determined by physically measuring the length and width of all 

gaps around the entire circumference of the secondary seal in each place where a O.32 cm (1/8 

in.) uniform diameter probe passes freely (without forcing or binding against the seal) between 

the seal and the tank wall and summing the area of the individual gaps. Any person who 

proposes to conduct this test shall notify the Department's Air Compliance Unit not less than 

thirty (30) days before the test so the Department may, at its option, observe the test.

(a)(10) The owner or operator of any tank with a capacity in excess of 40,000 gallons and which 

is equipped with an external floating roof shall maintain records of the average monthly storage 

temperature, the type of liquid stored and its vapor pressure, for any “volatile organic 

compound” with a vapor pressure under actual storage conditions which is greater than 1.0 

pounds per square inch but less than 1.5 pounds per square inch.]

(13) Samples to be analyzed for RVP shall be collected and handled according to the 

applicable procedures in American Society for Testing and Materials method D 5842–95(2000), 

“Standard Practice for Sampling and Handling of Fuels for Volatility Measurement.”

(14) RVP shall be determined using American Society for Testing and Materials method 

D5191-07 (2007), except that the following correlation equation shall be used: 

RVP psi = (0.956 * X) − 0.347.

Sec 2. Subdivisions (1) through (4) of subsection (b) of section 22a-174-20 of the 

Regulations of Connecticut State Agencies are amended to read as follows:
Post Hearing 11

(1) [Additional definitions. For the purposes of this subsection the following definition shall 

apply:

“Loading facility” means any aggregation or combination of equipment located on a 

premises and used to load or unload any volatile organic compound with a vapor pressure 

of 1.5 pounds per square inch or greater under actual storage conditions.] Reserved.

(2) No person shall load or permit the loading of any [volatile organic compound] VOC with 

a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard

conditions into any delivery vehicle from any loading facility with a throughput of 10,000 

gallons or more in any one day unless such loading facility is equipped with a vapor collection 

and [disposal] vapor recovery system or its equivalent, properly installed, in good working order, 

and in operation, and:

(A) [the] The vapors discharged from the delivery vehicle during loading are 

processed by a vapor recovery system; and

(B) [the] The amount of [volatile organic compounds] VOCs released to the ambient 

air is less than 80 milligrams per liter of liquid loaded over a six (6) hour period. 

To determine compliance with this requirement the reference methods and test 

procedures found in [Title] 40 [Code of Federal Regulations Part] CFR 60.503(a) 

and [Part] 60.503(c), respectively, shall be used.

(3) No person shall load or permit the loading of any [volatile organic compounds] VOC

with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] 

standard conditions into any delivery vehicle having a capacity in excess of 200 gallons (760 

liters) from any loading facility with a throughput of 10,000 gallons or more in any one day 

unless such loading facility is equipped with a loading arm with a vapor collection adaptor, 

pneumatic, hydraulic, or other mechanical means to force a vapor-tight seal between the adaptor 

and the hatch. A means shall be provided to prevent liquid organic compounds drainage from 

the loading device when it is removed from the hatch of any delivery vehicle, or to accomplish 

complete drainage before such removal. When loading is effected through means other than 

hatches, all loading and vapor lines shall be equipped with fittings [which] that make vapor-tight 

connections and [which] close automatically when disconnected.

(4) Subdivisions (2) and (3) of this subsection shall apply only to the loading of [volatile 

organic compounds] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater 

under [actual storage] standard conditions at a facility from which at least 10,000 gallons of such 

organic compounds are loaded in any one day. The applicability of subdivisions (2) and (3) of 

this subsection shall be based upon a thirty day rolling average, and once a loading facility 

exceeds this limit, the requirements of subdivisions (2) and (3) of this subsection shall [always] 

apply.

Sec 3. Subsection (b) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended by adding subdivision (17):

(NEW) 

(17) The owner or operator of a loading facility with a throughput of 4,000 gallons or more in 

any day shall not cause, allow or permit leakage from any equipment in VOC service, including 
Post Hearing 12

but not limited to pumps, valves and compressors. The owner or operator of any equipment in 

VOC service that is leaking as determined by sight, smell, sound or measurement of VOC in 

excess of 5000 parts per million shall repair such leak no later than fifteen days after detection. 

A request to delay a repair of a leak may be made to the commissioner and the Administrator in 

writing if the repair is infeasible for technical or safety reasons. Such a request shall be 

submitted no later than 15 days after detection of the leak.

Sec 4. Subsection (c) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended to read as follows:

(c) [“]Volatile organic compound[” /] and water separation. No [“person”] owner or 

operator shall use any compartment of any single or multiple compartment [“]volatile organic 

compound[”/ “] and waste water separator[” which] that receives effluent water containing 200 

gallons (760 liters) a day or more of any [“volatile organic compound”] VOC with a vapor 

pressure of 1.5 pounds per square inch or more from any equipment processing, refining, 

treating, storing, or handling [“volatile organic compounds”] VOC unless such compartment is 

equipped with one or more of the following vapor loss control devices, properly installed, in 

good working order, and in operation:

(1) A container having all openings sealed and totally enclosing the liquid contents. All 

gauging and sampling devices shall be [gas-tight] vapor-tight except when gauging or sampling 

is taking place[.];

(2) A container equipped with a floating roof[, consisting of a pontoon type, double deck 

type roof, or internal floating cover, which will rest] that rests on the surface of the contents and 

[be] is equipped with a closure seal or seals to close the space between the roof edge and 

container wall. All gauging and sampling devices shall be [gas tight] vapor-tight except when 

gauging or sampling is taking place[.];

(3) A container equipped with a [“]vapor recovery system[” which collects all volatile 

organic compound vapors discharged from the container and which processes such vapors to 

reduce their] that reduces VOC emissions by at least 95 per cent by weight[.]; or

(4) A container having other equipment of [equal] equivalent efficiency [for the purpose of 

“air pollution” control as required by subdivision (3) of this subsection] may be approved by the 

[“Commissioner”] commissioner [by] in a permit or order, where such permit or order has been 

approved by the Administrator.

Sec 5. Subsection (x)(12) of section 22a-174-20 of the Regulations of Connecticut State 

Agencies is amended to read as follows:

(12) Notice and retests.

Any evidence of leakage as described in this subsection shall [also] be treated as a malfunction 

of control equipment or methods as described in section 22a-174-7 of the Regulations of 

Connecticut State Agencies. [Corrective actions shall be taken in accordance with the provisions 

of subsection [22a-174-7(c).] A retest in accordance with the provisions of subdivision [(x)(8)] 

(8) of [section 22a-174-20] this subsection [must] shall be performed [immediately] not more 

than two business days after all required repairs are complete.

Statement of purpose
Post Hearing 13

The main purpose of this proposal is to update existing and add new requirements to control 

volatile organic compound (VOC) emissions from large aboveground storage tanks (AST). The 

requirements are consistent with those in other Northeastern states and generally conform to 

measures used by AST owners and operators to limit product loss. The proposal will also assist 

Connecticut in meeting the reasonably available control technology requirements necessary 

under the 2008 8-hour national ambient air quality standard for ozone. 

The Department of Energy and Environmental Protection (DEEP) currently regulates VOC 

emissions from storage and transfer of VOC-containing substances through various provisions of 

section 22a-174-20 of the Regulations of Connecticut State Agencies. The main provisions of 

the proposal include: termination of the option of using an undomed floating roof tank to store 

VOC; clarification of the inspection requirements; and the addition of requirements for roof 

landing events and degassing and cleaning operations. (Section 1) For storage and transfer of 

VOC, DEEP is proposing to include a lower vapor pressure floor for determining applicability 

and simplify that provision by basing it on vapor pressure at standard conditions, a constant, 

rather than the actual vapor pressure that changes with ambient temperature. (Sections 1 and 2) 

To minimize fugitive emissions facility-wide, DEEP is proposing to require timely repair of 

leaks from loading facilities. (Section 3) In addition, DEEP is proposing to revise the floating 

roof requirements for VOC and water separators to clarify that roof designs are not limited to 

pontoon-type or double deck covers. (Section 4)

Minor revisions are proposed to the leak control provisions for synthetic organic chemical and 

polymer manufacturing equipment by removing an outdated regulatory reference and clarifying 

the time limit for retesting. (Section 5)

The proposal has no legal impact beyond the direct impact on operations of the owners and 

operators of equipment subject to the revised requirements.
Attachment F

Legislative Commissioners’ Office report
The Ge era] Assembly

Legislative Commissioners’ Office

Edwin J. Maley, Jr.

Commissioner

William A. Hamzy

Commissioner

Larry G: J. Shapiro

Director

Legislative Office Building

Suite 5500

Hartford, Connecticut

06106-1591

(860) 240-8410

fax (860) 240-8414

e-mail: lco@cga.ct.gov

Memorandum

From"

Committee Meeting Date:

Legislative Regulation Review Committee

Legislative Commissioners’ Office

February 25, 2014

Regulation No:

Agency:

Subject Matter:

Statutm-y Authority:

2013-37A

Department of Energy and Environmental Protection

Storage of Volatile Organic Compounds

22a-174

For the Committee’s Information:

This is a resubmittal of regulations that were rejected without prejudice at the committee’s

meeting on November 26, 2013. The resubmittal addresses the substantive concern and

technical corrections noted in the November 26, 2013 report. An additional technical

correction is noted below.

Substantive Concerns"
Technical Corrections:

1. Throughout the proposed regulation, there are instances where "VOC" should be

"VOCs" for proper form. For example, on page 6, in section 22a- 174-20(a)(6)(A),"VOC"

should be "VOCs" for proper form.
Recommendatfion:

x

X

Approval in whole

with technical corrections

with deletions

with substitute pages

Disapproval in whole or in part

Rejection without prejudice

Reviewed by:

Date:

Bradford M. Towson

February 8, 2014

/ Shalmon McCarthy
Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations.

Fees. Exemptions. General permits. Appeal of commissioner’s action re permit

applications. (a) The commissioner, in the manner provided in subdivision (1) of section

22a-6, shall have the power to formulate, adopt, amend and repeal regulations to control

and prohibit air pollution throughout the state or in such areas of the state as are affected

thereby, which regulations shall be consistent with the federal Air Pollution Control Act

and which qualify the state and its municipalities for available federal grants. Any person

heard at the public hearing on any such regulation shall be given written notice of the

determination of the commissioner.

(b) The commissioner shall have the power to (1) enter into contracts with technical

consultants, including, but not limited to, nonprofit corporations created for the purpose of

facilitating the state’s implementation of multistate air pollution control programs, for

special studies, advice and assistance; to consult with and advise and exchange information

with other departments or agencies of the state; and (2) serve on the board of directors of a

nonprofit corporation, including, but not limited to, a nonprofit corporation created for the

purpose of facilitating the state’s implementation of multistate air pollution control

programs.

(c) The commissioner shall have the power, in accordance with regulations adopted by

him, (1) to require that a person, before undertaking the construction, installation,

enlargement or establishment of a new air contaminant source specified in the regulations

adopted under subsection (a) of this section, submit to him plans, specifications and such

information as he deems reasonably necessary relating to the construction, installation,

enlargement, or establishment of such new air contaminant source; (2) to issue a permit

approving such plans and specifications and permitting the construction, installation,

enlargement or establishment of the new air contaminant source in accordance with such

plans, or to issue an order requiring that such plans and specifications be modified as a

condition to his approving them and issuing a permit allowing such construction,

installation, enlargement or establishment in accordance therewith, or to issue an order

rejecting such plans and specifications and prohibiting construction, installation,

enlargement or establishment of a new air contaminant source in accordance with the plans

and specifications submitted; (3) to require periodic inspection and maintenance of

combustion equipment and other sources of air pollution; (4) to require any person to

maintain such records relating to air pollution or to the operation of facilities designed to

abate air pollution as he deems necessary to carry out the provisions of this chapter and

section 14-164c; (5) to require that a person in control of an air contaminant source

specified in the regulations adopted under subsection (a), obtain a permit to operate such

source if the source (A) is subject to any regulations adopted by the commissioner

concerning high risk hazardous air pollutants, (B) bums waste oil, (C) is allowed by the
coamnissioner, pursuant to regulations adopted under subsection (a), to exceed emission

limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E)

violates any provision of this chapter, or any regulation, order or permit adopted or issued

thereunder; (6) to require that a person in control of an air contaminant source who is not

required to obtain a permit pursuant to this subsection register with him and provide such

information as he deems necessary to maintain his inventory of air pollution sources and

the commissioner may require renewal of such registration at intervals he deems necessary

to maintain such inventory; (7) to require a permit for any source regulated under the

federal Clean Air Act Amendments of 1990, RL. 101-549; (8) to refuse to issue a permit if

the Environmental Protection Agency objects to its issuance in a timely manner under Title

V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any

regulation adopted under this chapter, to require that any source permitted under Title V of

the federal Clean Air Act Amendments of 1990 shall comply with all applicable standards

set forth in the Code of Federal Regulations, Title 40, Parts 51, 52, 59, 60, 61, 63, 68, 70,

72 to 78, inclusive, and 82, as amended from time to time.

(d) The commissioner shall have all incidental powers necessary to carry out the

purposes of this chapter and section 14-164c.

(e) As used in this subsection, "contiguous" means abutting or adjoining without

consideration of the actual or projected existence of roadways, walkways, plazas, parks or

other minor intervening features; "indirect source" means any building, structure, facility,

installation or combination thereof, that has or leads to associated activity as a result of

which any air pollutant is or may be emitted. The commissioner shall not require the

submission of plans and specifications under indirect source regulations adopted pursuant

to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be

undertaken within a redevelopment area or urban renewal project, as defined in chapter

130, provided (1) the proposed construction is pursuant to a plan for such redevelopment

area or urban renewal project adopted pursuant to section 8-127 prior to October 1, 1974,

or to a modification of such plan, (2) the proposed construction is part of a contiguous,

single purpose or multipurpose development or developments and (3) site clearance or

construction had commenced on a portion of the site of such development or developments

prior to October 1, 1974, nor shall the commissioner issue any order pursuant to

subdivision (1) of subsection (c) of this section pertaining to the enforcement of indirect

source regulations with respect to such proposed construction within such redevelopment

areas and urban renewal projects. In the event that the modification of any such plan after

October 1, 1974, would result in the proposed construction generating substantially more

motor vehicle traffic than would have been generated prior to such modification, the

submission of plans and specifications shall be required for such proposed modification.

The commissioner shall not require the renewal of an indirect source operating permit
issued in accordance with subsection (c) of this section unless such indirect source no

longer conforms with plans, specifications or other information submitted to said

commissioner in accordance with said subsection (c).

(f) The commissioner shall allow the open burning of brush on residential property,

provided the burning is conducted by the resident of the property or the agent of the

resident and a permit for such burning is obtained from the local open burning official of

the municipality in which the property is located, and the open burning of brush in

municipal landfills, transfer stations and municipal recycling centers, provided a permit for

such burning is obtained from the fire marshal of the municipality where the facility is

located, except that no open burning of brush shall occur (1)when national or state

ambient air quality standards may be exceeded; (2) where a hazardous health condition

might be created; (3) when the forest fire danger in the area is identified by the

commissioner as extreme and where woodland or grass land is within one hundred feet of

the proposed burn; (4) where there is an advisory from the commissioner of any air

pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the

case of a municipal landfill, when such landfill is within an area designated as a hot spot

on the open burning map prepared by the commissioner. A permit for the burning of brush

at any municipal landfill, municipal transfer station or municipal recycling center shall be

issued no more than six times in any calendar year. The proposed permit to burn brush at

any municipal landfill, municipal transfer station or municipal recycling center shall be

submitted to the commissioner by the fire marshal, with the approval of the chief elected

official of the municipality in which the municipal landfill, municipal transfer station or

municipal recycling center is located. The commissioner shall approve or disapprove the

fire marshal’s proposed permitting of burning of brush at a municipal landfill, municipal

transfer station or municipal recycling center within a reasonable time of the filing of such

application. The burning of leaves, demolition waste or other solid waste deposited in such

landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires

is not prohibited if the burning is conducted so as not to create a nuisance and in

accordance with any restrictions imposed on such burning. Nothing in this subsection or in

any regulation adopted pursuant to this subsection shall affect the power of any

municipality to regulate or ban the open burning of brush within its boundaries for any

purpose. Notwithstanding any other provision of this section, fire breaks for the purpose of

controlling forest fires and controlled fires in salt water marshes to forestall uncontrolled

fires are not prohibited. Open burning may be engaged in for any of the following purposes

if the open burning official with jurisdiction over the area where the burning will occur

issues an open burning permit: Fire-training exercises; eradication or control of insect

infestations or disease; agricultural purposes; clearing vegetative debris following a natural

disaster; and vegetative management or enhancement of wildlife habitat or ecological

sustainability on municipal property or on any privately owned property permanently
dedicated as open space. Open burning for such purposes on state property 111ay be

engaged in with the written approval of the commissioner. Local burning officials

nominated for the purposes of this subsection shall be nonainated only by the chief

executive officer of the municipality in which the official will serve and shall be certified

by the commissioner. The chief executive officer may revoke the nomination. The

commissioner may adopt regulations, in accordance with the provisions of chapter 54,

governing open burning and may authorize or prohibit open burning consistent with this

section. The regulations may require the payment of an application fee and inspection fee

and may establish a certification procedure for local burning officials.

(g) The commissioner shall require, by regulations adopted in accordance with the

provisions of chapter 54, the payment of a permit application fee sufficient to cover the

reasonable costs of reviewing and acting upon an application for, and monitoring

compliance with the terms and conditions of, any state or federal permit, license, order,

certificate or approval required pursuant to this section. Any person obtaining a permit,

pursuant to said regulations, for the construction or operation of a source of air pollution or

for modification to an existing source of air pollution shall submit a permit fee of twice the

amount of the fee established by regulations in effect on July 1, 1990. The commissioner

shall require the payment of a permit application fee of two hundred dollars.

(h) The commissioner may require, by regulations adopted in accordance with the

provisions of chapter 54, payment of a fee by the owner or operator of a source of air

pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control

device through the use of a dust compound in the detection of leaks in such device, or the

monitoring of such test, provided such fee may not exceed the average cost to the

department for the conduct or monitoring of such tests plus ten per cent of such average

cost. Except as specified in section 22a-27u, all payments received by the commissioner

pursuant to this subsection shall be deposited in the General Fund and credited to the

appropriations of the Department of Energy and Environmental Protection in accordance

with the provisions of section 4-86.

(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no

municipality shall be required to pay more than fifty per cent of any fee established by the

commissioner pursuant to said subsections.

(j) Fees or increased fees prescribed by this section shall not be applicable to residential

property.

(k) (1) The commissioner may issue a general permit with respect to a category of new

or existing stationary air pollution sources, except with respect to a source which is already

covered by an individual permit, provided the general permit is not inconsistent with the
federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq., and as it may

be further amended from time to time. Any person conducting an activity for which a

general permit has been issued shall not be required to obtain an individual permit under

this section, except as provided in subdivision (5) of this subsection. The general permit

may regulate a category of sources which, whether or not requiring a permit under the

federal Clean Air Act, (A) involve the same or substantially similar types of operations or

substances, (B) require the same types of pollution control equipment or other operating

conditions, standards or limitations, and (C) require the same or similar monitoring, and

which, in the opinion of the commissioner, are more appropriately controlled under a

general permit than under an individual permit. The general permit may require that any

person proposing to conduct any activity under the general permit register such activity,

including obtaining approval from the commissioner, before the general permit becomes

effective as to such activity, and may include such other conditions as the commissioner

deems appropriate, including, but not limited to, management practices and verification

and reporting requirements. Any such reports shall be made available to the public by the

commissioner. The commissioner shall grant an application for approval under a general

permit without repeating the notice and comment procedures provided under subdivision

(2) of this subsection, and such a grant shall not be subject to judicial review under

subdivision (4) of this subsection. Registrations and applications for approval under the

general permit shall be submitted on forms prescribed by the commissioner; application

forms concerning activities regulated under the federal Clean Air Act shall require that the

applicant provide such information as may be required by that act. The commissioner shall

prepare, and annually amend, a list of holders of general permits under this section, which

list shall be made available to the public.

(2) Notwithstanding any other procedures in this chapter, any regulations adopted

thereunder, and chapter 54, the commissioner may issue a general permit in accordance

with the following procedures: (A) The commissioner shall publish in a newspaper, having

a substantial circulation in the affected area or areas, notice of (i) intent to issue a general

permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity to submit

written comments thereon, and (iv) the right to a public hearing if, within the comment

period, the commissioner receives a petition signed by at least twenty-five persons

provided the notice shall state that the right to a public hearing may be exercised upon

request of any person if the permit regulates an activity which is subject to provisions of

the federal Clean Air Act; (B) the administrator of the United States Environmental

Protection Agency and any states affected by the general permit shall be given notice as

may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment

period of thirty days following publication of notice under subparagraph (A) of this

subdivision during which interested persons may submit written comments concerning the

permit to the commissioner; (D) the commissioner shall not issue the general permit until
after the comment period and the public hearing, if one is held; (E) the commissioner shall

publish notice of any general permit issued in a newspaper having a substantial circulation

in the affected area or areas; and (F) summary suspension may be ordered in accordance

with subsection (c) of section 4-182. Any person may request that the commissioner issue,

modify, revoke or suspend a general permit in accordance with this subsection.

(3) Any general permit under this subsection shall be issued for a fixed tenn. A general

permit covering an activity regulated under the federal Clean Air Act shall be issued for a

term of no more than five years. A general pel~nit covering an activity regulated under the

federal Clean Air Act shall contain such additional conditions as may be required by that

act.

(4) Notwithstanding any other provision of this chapter and chapter 54, with respect to a

general permit concerning activities regulated under the federal Clean Air Act, any person

who submitted timely comments thereon may appeal the issuance of such permit to the

superior court in accordance with the provisions of section 4-183. Such appeal shall have

precedence in the order of trial as provided in section 52-192.

(5) Subsequent to the issuance of a general permit, the commissioner may require a

person whose activity is or may be covered by the general permit to apply for and obtain

an individual permit pursuant to this chapter if he determines that an individual permit

would better protect the land, air and waters of the state from pollution. The commissioner

may require an individual permit under this subdivision in cases including, but not limited

to, the following: (A) The permittee is not in compliance with the conditions of the general

permit; (B) a change has occurred in the availability of demonstrated technology or

practices for the control or abatement of pollution applicable to the permitted activity; (C)

circumstances have changed since the time the general permit was issued so that the

permitted activity is no longer appropriately controlled under the general permit, or a

temporary or permanent reduction or elimination of the permitted activity is necessary; or

(D) a relevant change has occurred in the applicability of the federal Clean Air Act. In

making the determination to require an individual permit, the commissioner may consider

the location, character and size of the source and any other relevant factors. The

commissioner may require an individual permit under this subdivision only if the person

whose activity is covered by the general permit has been notified in writing that an

individual permit is required. The notice shall include a brief statement of the reasons for

requiring an individual permit, an application form, a statement setting a time for the

person to file the application and a statement that the general permit as it applies to such

person shall automatically terminate on the effective date of the individual permit. Such

person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any

person may petition the cormnissioner to take action under this subdivision.
(6) The commissioner may adopt regulations, in accordance with the provisions of

chapter 54, to carry out the purposes of this subsection.

(1) In any proceeding on an application for a permit which is required under 42 USC

7661a, the applicant, and any other person entitled under said section to obtain judicial

review of the commissioner’s final action on such application may appeal such action in

accordance with the provisions of section 4-183.

(m) The commissioner shall not issue a permit for an asphalt batch plant or continuous

mix facility under the provisions of this section until July 1, 2004, unless the commissioner

determines that the issuance of the permit will result in an improvement of environmental

performance of an existing asphalt batch plant or continuous mix plant. The provisions of

this section shall apply to any application pending on May 5, 1998. Nothing in this section

shall apply to applications for upgrading, replacing, consolidating or otherwise altering the

physical plant of an existing facility provided such upgrade, replacement, consolidation or

alteration results in an improvement of environmental performance or in reduced total

emissions of air pollutants.

10