EXHIBIT B 

RCSA Section 22a-174-38 Revised Effective 

July 7, 2008 

Strikeout Text Indicates State Enforceable 

Provisions for Which the Department is Not 

Requesting Approval 

(See Page 28) 
Effective July 7, 2008 

Sec. 22a-174-38. Municipal Waste Combustors. 

(a) Definitions. For purposes of this section: 

(1) "Calendar quarter" means a consecutive three-month period (nonoverlapping) beginning 

on January 1, April 1, July 1 or October 1 . 

(2) "Calendar year" means the twelve consecutive month period starting on January 1 and 

ending on December 31 . 

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

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

technical direction, management and performance of the plant. 

(4) "Continuous burning" means the continuous, semi-continuous or batch feeding of 

municipal solid waste for purposes of waste disposal, energy production or providing heat to the 

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

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

grate or hearth during the startup period when municipal solid waste is not being fed to the grate. 

(5) "Continuous emission monitoring system" or "CEM system" means a monitoring system 

for continuously measuring the emissions of any pollutant from a MWC unit . 

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

octa- chlorinated dibenzo-p-dioxins and dibenzofurans. 

(7) "Dscf/mmBTU" means dry cubic feet at standard conditions per million British thermal 

unit . 

(8) "Eight-hour block average" or "8-hour block average" means the arithmetic mean of all 

hourly emission concentrations or parameter levels when a municipal waste combustor unit is 

operating and combusting municipal solid waste measured over any of the following three 8-

hour periods of time: midnight to 8 a.m. ; 8 a.m. to 4 p.m. ; or 4 p.m. to midnight. 

(9) "F-factor," "fc" or "fd" means a ratio of combustion gas volume to heat input either unitspecific or as defined in 40 CFR 60, Appendix A, Method 19. 

(10) "Four-hour block average" or "4-hour block average" means the arithmetic mean of all 

hourly emission concentrations or parameter levels when a municipal waste combustor unit is 

operating and combusting municipal solid waste measured over any of the following six 4-hour 

periods of time: midnight to 4 a.m. ; 4 a.m. to 8 a.m. ; 8 a.m. to noon; noon to 4 p.m. ; 4 p.m. to 8 

p.m. ; or 8 p.m. to midnight. 

(11) "Historical actual twenty-four hour daily NOx average" means one or more calendar 

years of CEM data from no earlier than 1994 or another period of data approved by the 

commissioner as representative of NOx emissions. 
Effective July 7, 2008 ``2 

(12) "Malfunction" means any sudden, infrequent and not reasonably preventable failure of air 

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

manner. A failure that is caused in part by poor maintenance or negligent or careless operation 

shall not be considered a malfunction. 

(13) "Mass burn waterwall combustor" means a field-erected combustor that combusts 

primarily unprocessed municipal solid waste (i .e ., municipal solid waste that is not processedmunicipal solid waste) in a waterwall furnace . 

(14) "Maximum demonstrated municipal waste combustor unit load" means the highest 4-

hour block average municipal waste combustor unit load achieved during four consecutive hours 

of operation that corresponds to a test run during the most recent dioxin/furan emissions 

performance test that demonstrates compliance with the applicable limit for dioxin/furan 

specified in subsection (c) of this section. 

(15) "Maximum demonstrated particulate matter control device temperature" means the 

highest 4-hour block average flue gas temperature measured at the particulate matter control 

device inlet during four consecutive hours of operation that corresponds to a test run during the 

most recent dioxin/furan emissions performance test that demonstrates compliance with the 

applicable limit for dioxin/furan specified in subsection (c) of this section. 

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

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

defined in 40 CFR 60 .51 b. 

(18) "Municipal solid waste" means municipal solid waste as defined in section 22a-207 of 

the Connecticut General Statutes . 

(19) "Municipal waste combustor," "municipal waste combustor unit" or "MWC" means any 

part or activity of any stationary source which part or activity emits or has the potential to emit 

any regulated air pollutant or any hazardous air pollutant, exclusive of associated air pollution 

control equipment, that combusts municipal solid waste, inclusive of those emissions units 

constructed prior to January 1, 2007 combusting a single-item waste stream of tires. Combustors 

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

combustors. 

(20) "Municipal waste combustor plant" or "plant" means any premises at which one or more 

municipal waste combustor units are situated. 

(21) "Municipal waste combustor unit load" means the rate at which steam is produced at a 

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

(22) "ng/dscm" means nanograms of air pollutant per dry standard cubic meter. 

(23) "NOx Emissions Reductions Credit" or "ERC" means an air pollutant reduction created 

in the nitrogen oxides emissions trading program described by this section. 
Effective July 7, 2008 

(24) "NOx Trading Baseline" means that value, determined as specified in subsection (d) of 

this section, used to calculate the quantity of ERCs created or used by a MWC unit . 

(25) "Ozone season" means the period of any calendar year beginning on May 1 and ending 

on September 30. 

(26) "Premises" means the grouping of all stationary sources at any one location and owned 

by or under the control of the same person or persons. 

(27) "Processed-municipal solid waste" means a type of municipal solid waste produced by 

sorting municipal solid waste by size and/or altering the size of municipal solid waste through 

mechanical means. 

(28) "Processed-municipal solid waste combustor" means a steam-generating MWC that 

burns processed-municipal solid waste in a semisuspension firing mode using air-fed 

distributors . 

(29) "Reciprocating grate waste tire fired incinerator/boiler" means a combustor that burns 

tires as its principal fuel . 

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

(31) "Shift operator" means an individual who is in direct charge of the operation of a shift of 

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

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

(32) "Shutdown period" means the period of time commencing when a municipal waste 

combustor operator discontinues the feed of municipal solid waste to the combustor in order to 

cease operation. 

(33) "Six-minute arithmetic average" or "6-minute arithmetic average" means the arithmetic 

mean calculated from thirty-six (36) or more data points equally spaced over each 6-minute 

period . 

(34) "Standard conditions" means a temperature of 20 degrees centigrade and a pressure of 

101 .3 kilopascals. 

(35) "Startup period" means that period of time commencing when a municipal waste 

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

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

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

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

23 and the procedures specified under subsection (i)(4) of this section. 
Effective July 7, 2008 ~ ~ 4 

(37) "Twenty-four hour daily average" means the arithmetic mean of all hourly emission 

concentrations as required by this section when a unit is operating and combusting municipal 

solid waste measured over a 24-hour period between midnight and the following midnight. 

(38) "Twenty-four hour daily geometric average" means the geometric mean of hourly 

emission concentrations as required by this section when a unit is operating and combusting 

municipal solid waste measured over a 24-hour period between midnight and the following 

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

G= 

where: 

,n ~ rIn( A.i )]) 

e '-' 

G = daily geometric average pollutant concentration, corrected to 7% 02 or 

equivalent percent C02; 

Aj = arithmetic average pollutant concentration for hour j, corrected to 7% 02 or 

equivalent percent COZ; 

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

available within the 24 hour midnight to midnight daily period; 

ln = the natural log function; and 

e = the natural logarithmic base (2.718) 

(39) "Waterwall furnace" means a combustion unit having energy (heat) recovery in the 

furnace (i .e ., radiant heat transfer section) of the combustor. 

(b) Applicability. 

(1) This section shall apply to the owner or operator of any municipal waste combustor 

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

subdivision: 

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

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

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

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

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

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

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

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

mercury. 
Effective July 7, 2008 5 

(2) A physical or operational change including installation of control equipment made to a 

municipal waste combustor primarily to comply with any emission standard required by 

permit, order or regulation is not considered in determining whether the unit is a modified 

or reconstructed facility under this section. 

(3) The owner or operator of any municipal waste combustor required to have a permit under 

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

this section for the operation of such unit. 

(4) The owner or operator of any recycling facility as defined in section 22a-207 of the 

general statues, including a primary or secondary smelter, that combusts waste for the 

primary purpose of recovering metals is not subject to this section for the operation of 

such unit . 

(5) The owner or operator of a cement kiln firing municipal solid waste is not subject to this 

section for the operation of such unit . 

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

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

such unit. 

(c) Emission limits . 

(1) No owner or operator of a municipal waste combustor unit subject to this section shall 

cause or allow the emission from such unit of any air pollutant in excess of the applicable 

emission limit identified in Table 38-1 of this subdivision. 
Effective July 7, 2008 

Table 38-1. Air Pollutant Emission Limits. 

Air pollutant Emission limit 

Particulate matter 25 mg/dscm 

Cadmium 0.035 mg/dscm 

Lead 0.400 mg/dscm 

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

measured as required by subsection (c)(7) of 

this section 

Sulfur dioxide -- 51 parts per million by volume (ppmvd), or 

Reciprocating grate 75% reduction by weight or volume measured 

waste tire fired as required by subsection (c)(7) of this section 

incinerator/boilers 

Sulfur dioxide -- 29 parts per million by volume (ppmvd), or 

Mass burn waterwall 80% reduction by weight or volume measured 

combustors for which as required by subsection (c)(7) of this section 

construction 

commenced after 

December 20, 1989 

Sulfur dioxide -- 29 parts per million by volume (ppmvd), or 

All other MWCs 75% reduction by weight or volume measured 

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

Hydrogen chloride 29 parts per million by volume (ppmvd), or 

95% reduction by weight or volume measured 

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

Hydrogen chloride -- 25 parts per million by volume (ppmvd), or 

Mass burn waterwall 95% reduction by weight or volume measured 

combustors for which as required by subsection (c)(7) of this section 

construction 

commenced after 

December 20, 1989 

Dioxin/furan 30 ng/dscm total mass 

Opacity 10% 

(2) Reserved. 
Effective July 7, 2008 7 

(3) Continuous compliance with the particulate matter, cadmium, lead, mercury, hydrogen 

chloride and/or dioxin/furan emission limits shall be determined based on an initial performance 

test, annual performance test or other appropriate performance test, as determined in writing by 

the commissioner_, unless otherwise allowed by this section. Such tests shall be performed as 

required by subsection (i) of this section. 

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

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

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

concentration, or CEM system inlet and outlet data if compliance is based on a percent reduction. 

(5) Continuous compliance with the opacity emission limit contained herein shall be based 

on a six-minute arithmetic average. 

(6) For an air pollutant for which this subsection provides for an emission limit measured 

either as a concentration or as a percentage reduction by weight or volume, the less stringent 

emission limit shall prevail. 

(7) For an air pollutant for which this subsection provides for an emission limit measured 

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

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

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

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

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

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

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

(8) No owner or operator of a municipal waste combustor shall cause or allow the emission 

of nitrogen oxides (NOx) in excess of the applicable emission limit identified in Table 38-2 of 

this subdivision. 
Effective July 7, 2008 8 

Nitrogen oxides emission 

limit, measured in parts 

per million volume, 

Municipal waste combustor technology corrected to seven percent 

oxygen, dry basis, or 

equivalent percentage 

carbon dioxide as specified 

in subdivision (12) of this 

subsection 

Mass burn refractory combustor 177 

Mass burn waterwall combustor for which construction 200 

commenced on or before December 31, 1985 

Mass burn waterwall combustor for which construction 177 

commenced after December 31, 1985 

Processed-municipal solid waste combustor 146 

Reciprocating grate waste tire fired incinerator/boiler 79 

(9) Continuous compliance with the nitrogen oxides emission limits contained herein shall be 

based on a 24-hour daily average . 

Table 38-2. Nitrogen Oxides Emission Limits . 

(10) No owner or operator of a municipal waste combustor unit subject to this section shall 

cause or allow an emission of carbon monoxide in excess of the applicable emission limit 

identified in Table 38-3 of this subdivision. 
Effective July 7, 2008 

Table 38-3. Carbon Monoxide Emission Limits. 

Carbon monoxide 

emission limit, measured 

in parts per million 

Municipal waste volume at the combustor Averaging time, in hours, 

combustor technology outlet and corrected to calculated as an 

seven percent oxygen, arithmetic average 

dry basis, or equivalent 

percentage carbon 

dioxide as specified in 

subsection (c)(12) of this 

section 

Mass burn refractory 100 4 

combustor 

Mass burn waterwall 100 4 

combustor 

Processed-municipal solid 200 24 

waste combustor 

'Reciprocating grate waste 180 4 

tire fired incinerator/boiler 

(11) The emission limits and operating requirements of this section shall apply at all times 

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

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

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

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

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

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

occurrence for all MWC units; 

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

period of startup, shutdown or malfunction, the opacity limits shall not be 

exceeded during more than five (5) 6-minute arithmetic average measurements; 

and 

(C) During periods of startup, shutdown, or malfunction, monitoring data shall be 

excluded from calculations of compliance with the emission limits and operating 

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

with subsections (k) and (0 of this section. 

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

corrected to seven percent oxygen (7% 02), unless the owner or operator submits information to 
Effective July 7, 2008 " 10 

justify a correction to an equivalent percent carbon dioxide (% C02) and receives the 

commissioner's written approval. If the owner or operator of a MWC seeks to use an equivalent 

% COZ, the owner or operator must demonstrate the relationship between 02 and C02 levels as 

specified in subsection (i)(4)(J) of this section and submit a written report to the commissioner 

summarizing the results of the demonstration. This relationship may be reestablished during any 

performance test conducted pursuant to subsection (i) of this section. 

(13) Reserved. 

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

this section, for the purpose of submitting compliance certifications or for the purpose of the 

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

emission limit or standard in this subdivision, nothing shall preclude the commissioner's use, 

including the exclusive use, of any appropriate performance test results, credible evidence or 

information relevant to demonstrating compliance with the applicable requirements of this 

section. 

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

reciprocating grate waste tire fired incinerator/boiler shall correct all emission limits, except for 

those identified for opacity, to 12% C02. 
Effective July 7, 2008 11 

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

(1) The owner or operator of a MWC unit for which construction commenced prior to 

December 20, 1989 may use emissions trading to meet some or all of the NOx emission 

reductions required for compliance with the emission limits in subsection (c)(8) of this section, 

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

(2) The owner or operator of a municipal waste combustor for which construction 

commenced on or after December 20, 1989 may participate in the NOx emissions trading 

program described in this subsection as follows : 

(A) Such owner or operator may not use NOx Emission Reduction Credits (ERCs) to 

comply with the applicable NOx emission limits in subsection (c) of this section; 

and 

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

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

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

applicable NOx Trading Baseline. 

(3) For inclusion in the NOx emissions trading program, an owner or operator of a municipal 

waste combustor unit shall submit a NOx trading protocol to the commissioner for review and 

written approval on or before December 1, 1999. The protocol shall include, at a minimum: 

(A) A formal request to participate in the NOx trading program; 

(B) A NOx Trading Baseline and supporting data. The NOx Trading Baseline shall 

be determined as follows : 

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

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

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

forth in subsection (c) of this section, then the applicable subsection (c) 

NOx limit shall be the NOx Trading Baseline, 

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

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

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

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

concentration is the result of installation of control equipment or 

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

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

Connecticut State Agencies, then the applicable NOx limit of subsection 

(c) of this section shall be the NOx Trading Baseline. Control equipment 

or modifications installed prior to 1990, or installed on new sources since 

1990 or installed to meet BACT or LAER requirements shall not be 
Effective July 7, 2008 ~ 12 

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

section or section 22a-174-22, or 

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

02 or ppmv @ an equivalent % CO2, as specified in subsection (c)(12) of 

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

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

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

(C) A detailed methodology for determining and recording hourly heat input 

(mmBTU/hr); and 

(D) All calculations, using the formulas provided in subdivision (4)(E) of this 

subsection, of the number of ERCs created and/or used. Calculations shall 

specify unit-specific values for NOx limits, f-factors and COZ correction factors, 

as applicable . 

(4) The owner or operator of a municipal waste combustor unit participating in the MWC 

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

basis the quantity of ERCs created or used : 

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

basis) and compare it to the applicable NOx limit of subsection (c)(8) of this 

section; 

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

of subsection (c)(8) of this section, then calculate the number of ERCs used; 

(C) If the NOx Daily Average Concentration is less than the applicable NOx limit of 

subsection (c)(8) of this section but greater than the NOx Trading Baseline, then 

ERCs shall neither be used nor created; 

(D) If the NOx Daily Average Concentration is less than the NOx Trading Baseline, 

calculate the number of ERCs created; and 

(E) Use the following formulas to calculate the number of ERCs used or created: 

lbs ERCs used = 

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

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

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

x [Daily Heat Input Rate Average] 

x [# of Actual Operating Hours in the Daily Averaging Period] 
Effective July 7, 2008 13 

lbs ERCs created = 

[NOx Trading Baseline - NOx Daily Average Concentration] 

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

x [Daily Heat Input Rate Average] 

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

x [0.85] 

where: 

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

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

Averaging Period . 

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

Diluent Correction: If 02 is used as the diluent, then the diluent correction = 

[20 .9 / 20.9 - 7] . If COZ is used as the diluent, then the 

diluent correction = [100 / equivalent % C02] . 

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

C02 is used as the diluent, then fc is in the units of scf/mmBTU. An f-factor may 

be either unit-specific or adopted from Table 19-1 in 40 CFR 60, Appendix A, 

Method 19. 

Daily Heat Input Rate Average : Average of all valid hourly Heat Input Rate 

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

Daily Averaging Period: The total of all operating hours in a day during which 

municipal solid waste is being fed to a boiler and/or when the boiler load is at 

least 75% of maximum rated capacity . 

NOx Trading Baseline: The NOx concentration used as the baseline from which 

ERC creation is determined. The Trading Baseline will be the applicable NOx 

limit of subsection (c)(8) of this section or, if the historical actual daily average 

concentration is less than the applicable NOx limit of subsection (c)(8) of this 

section, the value established by the commissioner (ppmvd @ 7% 02 or ppmv @ 

an equivalent % C02) . 

0.85: This factor represents 10% ERC retirement for environmental benefits and 

5% retirement for heat input measurement uncertainties . If the owner or operator 

installs and calibrates exhaust gas flow monitors in a manner acceptable to the 

commissioner, certifies that the equipment specifications have been met and are 

being met and uses such monitors to determine heat input to the unit, then 0.90 

can be substituted for 0 .85 . 

(5) Any MWC owner or operator seeking to create ERCs pursuant to this subsection shall : 
Effective July 7, 2008 ~ 14 

(A) In accordance with subsection (k) of this section, maintain records for each MWC 

unit showing daily NOx mass emissions, actual NOx concentrations (24-hour 

average), daily operating hours and ERCs created; 

(B) Submit a written request to the commissioner for approval of ERCs created prior 

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

minimum information: 

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

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

average), 

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

is requested, 

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

(v) the quantity of ERCs created; and 

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

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

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

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

that calendar month using the formulas provided in subdivision (4)(E) of this 

subsection ; 

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

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

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

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

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

ozone season must have been generated during the ozone season ; 

(C) No later than the twentieth day of each month, calculate and record the actual 

quantity of ERCs used in the preceding calendar month; 

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

were generated during an ozone season. An ERC generator certification shall be 

sufficient for such demonstration; 

(E) An ERC used to meet the emission limits contained herein shall have been created 

within the five calendar years preceding the year of such ERC use; and 
Effective July 7, 2008 15 

(F) For the purposes of subparagraph (E) of this subdivision, an ERC is considered 

created in the same calendar year the NOx emission reduction occurs at a plant or 

source . 

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

commissioner a report containing the following information : 

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

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

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

and each MWC unit, the quantity of ERCs created and the quantity of ERCs used, 

on a monthly basis and an ozone season basis. 

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

by the commissioner. 

(9) Any creation or use of ERCs for the purposes of this subsection shall conform to the 

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

40 CFR 51, Subpart U. 

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

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

(B) Not be a reduction required by any provision of the state implementation plan at 

the time the reduction was made, and shall not be a reduction relied upon in an 

applicable attainment demonstration or required by state or federal permit or 

order, except where a state or federal permit or order is used to set a NOx trading 

baseline as defined by subdivision (3) of this subsection . 

(11) It shall be a violation of this section if the calculation specified by subdivision (6)(C) this 

subsection demonstrates that any MWC owner or operator did not hold or acquire a sufficient 

number of ERCs to comply with the NOx emission limits contained herein . In addition, the 

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

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

specified in subdivision (6)(B) of this subsection . The additional ERCs shall be acquired on or 

before the last day of the calendar month in which the calculation specified by subdivision (6)(C) 

of this subsection is performed. Nothing herein shall preclude the commissioner from taking 

other enforcement action against the owner or operator for failing to hold or acquire a sufficient 

number of ERCs prior to their use. 

(12) All ERCs created pursuant to this section shall expire prior to May 1, 2013 . On and after 

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

(e) Reserved. 
Effective July 7, 2008 ~" 16 

(f) Fugitive ash emissions. 

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

to the atmosphere visible emissions of combustion ash from an ash conveying system, including 

conveyor transfer points, in excess of five percent (5 %) of the observation period (i .e ., nine (9) 

minutes per three-hour period); as specified in subsection (i)(4)(1) of this section. 

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

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

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

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

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

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

fugitive emissions on such occasions shall be implemented. 

(g) Operating practices. 

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

to operate at a temperature, measured at each particulate control device inlet, more than 

seventeen (17) degrees centigrade, based on a 4-hour block average, above the maximum 

demonstrated particulate control device temperature measured during the most recent 

performance test for dioxin/furan emissions for which compliance with the dioxin/furan 

emissions limit was achieved. 

(2) No owner or operator of a municipal waste combustor unit shall cause or allow such unit 

to operate at a municipal waste combustor unit load greater than one hundred ten percent (110%) 

of the maximum demonstrated municipal waste combustor unit load, based on a 4-hour block 

average, measured during the most recent performance test for dioxin/furan emissions for which 

compliance with the dioxin/furan emissions limit was achieved. Municipal waste combustor unit 

load shall be measured by a steam flow meter. 

(3) An owner or operator may, notwithstanding subdivisions (1) and (2) of this subsection, 

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

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

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

subsection . However, should the owner or operator operate the unit at such excess temperatures 

and load, the owner or operator shall not again be allowed to operate at such excess temperatures 

and load during that test period without the approval of the commissioner should the annual 

dioxin/furan emission performance test be postponed. 

(4) The particulate matter control device temperature limits and municipal waste combustor 

unit load limit may be waived temporarily by the commissioner to allow evaluation of system 

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

that any such temporary waiver is authorized through a permit or order issued prior to an 

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

diagnostic testing. 
Effective July 7, 2008 1 7 

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

that is the primary indicator(s) of the carbon mass feed rate (e .g ., screw feeder setting) shall be 

averaged over a block 8-hour period, and the 8-hour block average shall equal or exceed the 

level(s) documented during the performance tests specified under subsection (i) of this section. 

(h) Operator training and certification. 

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

plant to be operated at any time unless a certified chief operator or shift operator is physically 

present at the plant. 

(2) Operators shall be certified by the commissioner under section 22a-231-1 of the 

Regulations of Connecticut State Agencies and shall be identified as either a Class I or Class 11 

chief operator or a Class I or Class II shift operator . 

(3) Not later than six (6) months after the date of employment, all chief operators and shift 

operators must satisfactorily complete an operator training course conducted by the 

commissioner . 

(4) The owner or operator of a municipal waste combustor shall have a site-specific 

Municipal Waste Combustor Operating & Maintenance Manual with an index. Such Municipal 

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

Municipal Waste Combustor Operating & Maintenance Manual shall include : 

(A) A summary of the applicable emission limits and operational requirements ; 

(B) A description of basic combustion theory applicable to a municipal waste 

combustor unit; 

(C) Procedures for receiving, handling, and feeding municipal solid waste; 

(D) Procedures for startup, shutdown and malfunction; 

(E) Procedures for maintaining proper combustion air supply levels ; 

(F) Procedures for operating the combustor within the standards established under 

this section; 

(G) Procedures for responding to periodic upset or off-specification conditions ; 

(H) Procedures for minimizing particulate matter carryover; 

(I) Procedures for handling ash; 

(J) Procedures for monitoring emissions; and 

(K) Procedures for reporting and record keeping. 
Effective July 7, 2008 ~ ~ 18 

(5) The owner or operator of a municipal waste combustor plant shall establish a training 

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

person who has responsibilities affecting the operation of a MWC plant including, but not 

limited to, the chief operator, shift operator, ash handler, maintenance employee and crane/load 

handler. The owner or operator shall train new employees with the job positions identified in 

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

plant. Following initial training, the training program shall be repeated on an annual basis for 

each person identified in this subdivision. 

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

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

the commissioner or Administrator upon request. 

(i) Performance testing. 

(1) All performance tests shall be conducted under representative full load operating 

conditions . 

(2) The owner or operator of a municipal waste combustor shall conduct an annual 

performance test for dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury 

and fugitive ash at least once per calendar year. Such test shall be conducted no less than nine 

(9) calendar months and no more than fifteen (15) calendar months following the previous 

performance test for such pollutant. 

(3) Notwithstanding subdivision (2) of this subsection, upon demonstration for two (2) 

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

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

mass or, for all units for which construction, modification or reconstruction commenced on or 

after September 20, 1994, and are less than seven (7) ng/dscm total mass, the MWC owner or 

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

that MWC plant. The owner or operator shall rotate performance testing among units no more 

than twelve (12) months following the previous performance test in a fixed sequence so that each 

unit is tested at the same frequency. If in any year following the year of election of such reduced 

testing, the dioxin/furan emission test results indicate a level equal to or greater than fifteen (15) 

ng/dscm total mass for any unit for which construction commenced prior to September 20, 1994, 

or greater than seven (7) ng/dscm total mass for any unit for which construction, modification or 

reconstruction commenced on or after September 20, 1994, then the MWC owner or operator 

shall resume testing of all units at the MWC plant during the next annual performance test . The 

owner or operator shall continue to test all units on an annual basis until the performance tests 

for all units indicate dioxin/furan emission levels that meet the requirements of this subdivision, 

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

(4) Each MWC owner or operator shall employ the following methodologies: 

(A) Testing for particulate matter and opacity levels shall be conducted in accordance 

with the following procedures: 
Effective July 7, 2008 19 

(i) 40 CFR 60, Appendix A, Reference Method 1 shall be used to select the 

sampling site and number of traverse points for particulate matter testing, 

(ii) 40 CFR 60, Appendix A, Reference Method 3 shall be used for flue gas 

analysis for particulate matter testing, 

(iii) 40 CFR 60, Appendix A, Reference Method 5 or 29 shall be used for 

determining compliance with the particulate matter emission limit. For 

each Method 5 or Method 29 test run: the minimum sample volume shall 

be 1 .7 cubic meters ; the probe and filter holder heating systems in the 

sample train shall be set to provide a gas temperature no greater than 160 

degrees centigrade ; and an oxygen or carbon dioxide measurement shall 

be obtained simultaneously . For each Method 29 test run, the minimum 

sample time shall be two (2) hours, 

(iv) 40 CFR 60, Appendix A, Reference Method 9 shall be used for 

determining compliance with the opacity emissions limit, except as 

provided under 40 CFR 60.11(e), and 

(v) The compliance determination for particulate matter shall be based on an 

arithmetic average determined using all data generated in three (3) test 

runs as required by this section; 

(B) Testing for cadmium and lead levels shall be conducted in accordance with the 

following procedures : 

(i) 40 CFR 60, Appendix A, Reference Method 1 shall be used for 

determining the location and number of sampling points, 

(ii) 40 CFR 60, Appendix A, Reference Method 3 shall be used for flue gas 

analysis, 

(iii) 40 CFR 60, Appendix A, Reference Method 29 shall be used for 

determining compliance with the cadmium and lead emission limits, 

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

simultaneously with each Method 29 test run for cadmium and lead 

required under this section, 

(v) The minimum sample time shall be two (2) hours per each Method 29 test 

run, and 

(vi) The compliance determinations for cadmium and lead shall be based on an 

arithmetic average determined using all data generated in three (3) test 

runs as required by this section; 

(C) Testing for mercury levels shall be conducted in accordance with the following 

procedures : 
Effective July 7, 2008 "20 

(i) 40 CFR 60, Appendix A, Reference Method 1 shall be used for 

determining the location and number of sampling points, 

(ii) 40 CFR 60, Appendix A, Reference Method 3 shall be used for flue gas 

analysis, 

(iii) 40 CFR 60, Appendix A, Reference Method 29 shall be used for 

determining compliance with the mercury emission limits . An oxygen or 

carbon dioxide measurement shall be obtained simultaneously with each 

Method 29 test run for mercury required under this section, 

(iv) The minimum sample time shall be two (2) hours per each Method 29 test 

run, 

(v) The percent reduction in the potential mercury emissions (YoPHg) is 

computed using the following : 

(~ 

- Eo 

PxQ)=(

Ei 

E i 

X100 

where: 

%PHg = percent reduction of the potential mercury 

emissions achieved. 

Ei = potential mercury emission concentration 

measured at the control device inlet, corrected to 

7 % 02 (dry basis) . 

Eo = controlled mercury emission concentration 

measured at the mercury control device 

outlet, corrected to 7 % 02 (dry basis), and 

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

average of emission concentrations or percent reductions determined using 

all data generated in a minimum of at least three (3) test runs as required 

by this section; 

(D) Compliance with the sulfur dioxide emission limit (measured as a concentration 

or as a percent reduction by weight or volume) shall be determined by using the 

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

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

the CEM system specified in subsection (j)(1) of this section; 

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

using the CEM system specified in subsection (j)(1) of this section; 
Effective July 7, 2008 21 

(G) Testing for hydrogen chloride levels shall be conducted in accordance with the 

following procedures: 

(i) 40 CFR 60, Appendix A, Reference Method 26 or 26A, as applicable, 

shall be used to determine the hydrogen chloride emission concentration. 

The minimum sampling time for Method 26 shall be one (1) hour, 

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

simultaneously with each Method 26 test run for hydrogen chloride 

required by this section, 

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

shall be computed using the following equation: 

(Ypxcr 

) - ( Ei - Eo 

Ei 

where : 

x 100 

Yo1'HCl = percent reduction of the potential hydrogen 

chloride emissions achieved. 

Ei = potential hydrogen chloride emission 

concentration measured at the control device inlet, 

corrected to 7 % 02 (dry basis) . 

Eo = controlled hydrogen chloride emission 

concentration measured at the control device outlet, 

corrected to 7 % 02 (dry basis), and 

(iv) The compliance determination for hydrogen chloride shall be based on an 

arithmetic average of emission concentrations or percent reductions 

determined using all data generated in three (3) test runs as required by 

this section; 

(H) Testing for dioxin/furan levels shall be conducted in accordance with the 

following procedures: 

(i) 40 CFR 60, Appendix A, Reference Method 1 shall be used for 

determining the location and number of sampling points, 

(ii) 40 CFR 60, Appendix A, Reference Method 3 shall be used for flue gas 

analysis, 

(iii) 40 CFR 60, Appendix A, Reference Method 23 shall be used for 

determining the dioxin/furan emission concentration, 

(iv) The minimum sample time shall be four (4) hours per test run, 
Effective July 7, 2008 `~ 22 

(I) 

(J) 

(v) 

(vi) 

An oxygen or carbon dioxide measurement shall be obtained 

simultaneously with each Method 23 test run for dioxin/furan required by 

this section, and 

The compliance determination for dioxin/furan levels shall be based on an 

arithmetic average determined using all data generated as required by this 

section in three (3) test runs; 

Testing for fugitive ash emissions shall be conducted in accordance with the 

following procedures: 

(i) 

(ii) 

(iii) 

40 CFR 60, Appendix A, Reference Method 22 shall be used for 

determining compliance with the fugitive ash emissions limit, 

The minimum observation time shall be a series of three (3) one-hour 

observations, and 

The observation period shall include representative operational times 

when the facility is transferring ash from the municipal waste combustor 

unit to the area where ash is stored or loaded into containers or trucks ; 

Testing for the relationship between carbon dioxide and oxygen shall be 

conducted in accordance with the following procedures: 

(i) 

(ii) 

(iii) 

At least three (3) test runs of C02 and OZ diluent data shall be obtained 

using the procedures and methods contained in 40 CFR 60, Appendix A, 

Reference Method 3A or 3B, 

For each test run, using the following equation, a calculation shall be made 

of the C02 correction factor which is equivalent to a 7% 02 correction 

factor : 

COz correction factor = 

13.9 

l x CO2 measured 

(20- 9 - 02 measured/ 

, and 

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

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

calculation of the C02 correction factor for each test run pursuant to 

subparagraph (J)(ii) of this subdivision, rounded to the nearest whole number; 

and 

(K) During the performance tests for dioxin/furan and mercury, as applicable, the owner 

or operator shall estimate an average carbon mass feed rate based on carbon injection 

system operating parameters such as the screw feeder speed, hopper volume, hopper 
Effective July 7, 2008 23 

refill frequency, or other parameters appropriate to the feed system being employed, 

as follows : 

(i) An average carbon mass feed rate in kilograms per hour or pounds per hour 

shall be estimated during the initial performance test for mercury emissions 

and each subsequent performance test for mercury emissions, and 

(ii) An average carbon mass feed rate in kilograms per hour or pounds per hour 

shall be estimated during the initial performance test for dioxin/furan 

emissions and each subsequent performance test for dioxin/furan emissions. 

(j) Compliance monitoring. 

(1) Continuous compliance with the emission limits specified in this section for opacity, 

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

shall be determined based on continuous emission monitoring system data. The owner or 

operator of a municipal waste combustor shall install, operate and calibrate such continuous 

emission monitoring system in a manner acceptable to the commissioner and certify to the 

commissioner, in writing, that the equipment specifications for the continuous emission 

monitoring system have been and are being met. In addition to the aforementioned continuous 

monitoring systems, the owner or operator of a municipal waste combustor shall also install, 

operate, calibrate and maintain continuous monitoring systems for measuring the final particulate 

control device inlet temperature, municipal waste combustor unit load and the oxygen or carbon 

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

oxide emissions are monitored, and, if activated carbon is used to control dioxin/furan or 

mercury emissions, the carbon feed rate . CEM systems shall meet the following requirements : 

(A) Opacity monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 1 ; section 

22a-174-4 of the Regulations of Connecticut State Agencies; and 40 CFR 60 .13 ; 

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

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

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

(C) S02 monitors shall : 

(i) Meet the applicable performance and quality assurance requirements of 40 

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

F, Procedure 1 ; and 40 CFR 60.13, and 

(ii) For units that have actual inlet emissions less than 100 ppmdv, the relative 

accuracy criterion for inlet sulfur dioxide CEM systems should be no 

greater than twenty percent (20%) of the mean value of the reference 

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

ppmdv absolute value of the mean difference between the reference 

method and the continuous emission monitoring systems, whichever is 

greater; 
Effective July 7, 2008 "~ 24 

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

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

60, Appendix F, Procedure 1 ; and 40 CFR 60 .13 ; 

(E) Carbon monoxide monitors shall : 

(i) Meet the applicable performance and quality assurance requirements of 40 

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

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

(ii) For units subject to the 100 ppmdv carbon monoxide standard, the relative 

accuracy criterion of five ppmdv is calculated as the absolute value of the 

mean difference between the reference method and the CEM system ; 

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

of 40 CFR 60.1810(a) ; and 

(G) If activated carbon is used to control dioxin/furan or mercury emissions: 

(i) Monitoring of the carbon feed rate shall meet the requirements of 40 CFR 

60.1820, and 

(ii) Pneumatic injection pressure or another carbon injection system 

operational indicator shall be used to provide additional verification of 

proper carbon injection system operation. The operational indicator shall 

provide an instantaneous visual or audible alarm to alert the operator of a 

potential interruption in the carbon feed that would not normally be 

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

weight loss feeder) or monitoring of the carbon system operating 

parameter or parameters that are the indicator or indicators of the carbon 

mass feed rate (e.g . screw feeder speed) . The carbon injection system 

operational indicator used to provide additional verification of carbon 

injection system operation, including basis for selecting the indicator and 

operator response to the indicator alarm, shall be included in the sitespecific Municipal Waste Combustor Operating & Maintenance Manual. 

(2) A MWC owner or operator shall comply with the following minimum data requirements : 

(A) Data available for gaseous and process CEMs shall not be less than ninety percent 

(90%) of the total operating hours in any one calendar quarter and not less than 

ninety-five percent (95%) of the total operating hours in any one calendar year; 

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

of the total operating hours in any one calendar quarter; 
Effective July 7, 2008 25 

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

hours per day for ninety percent (90%) of the operating days per calendar quarter 

during which the unit combusts any municipal solid waste; 

(D) At least three equally spaced data points per hour shall be used to calculate a onehour average; 

(E) Notify the commissioner according to subsection (0(3)(A)(v) of this section in the 

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

(B) of this subdivision; and 

(F) The percentage of data available shall be calculated as follows : 

(i) In accordance with the procedures specified on forms furnished or 

prescribed by the commissioner, and 

(ii) Using all data obtained from a CEM to calculate emissions concentrations 

and percent reductions as required by this section regardless of whether 

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

of this subdivision are obtained. 

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

period, a diluent cap of fourteen percent for oxygen or five percent for carbon dioxide may be 

used in the emissions calculations for sulfur dioxide and nitrogen oxides . 

(k) Record keeping requirements. 

(1) The owner or operator of a municipal waste combustor shall maintain records of the 

information specified in subdivisions (2) through (13) of this subsection, as applicable, labeling 

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

be maintained for a period of at least five (5) years from the date the record was created. 

(2) Operator training and certification records shall be maintained on an annual basis, as 

follows: 

(A) The names of the chief operators and shift operators, certified by the 

commissioner, and employed at the plant, including the dates of initial and 

renewal certifications and documentation of current certification; 

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

operator training course as required under subsection (h)(3) of this section; and 

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

required under subsection (h)(5) of this section. 

(3) Emission concentrations and parameters, measured using a CEM system, shall be 

recorded as specified in this subdivision: 
Effective July 7, 2008 26 

(A) All six-minute arithmetic average opacity levels ; 

(B) All one-hour average sulfur dioxide emission concentrations ; 

(C) All one-hour average sulfur dioxide reduction efficiency levels ; 

(D) All one-hour average nitrogen oxides emission concentrations ; and 

(E) All one-hour average carbon monoxide emission concentrations, municipal waste 

combustor unit load measurements, and particulate matter control device inlet 

temperatures . 

(4) Average concentrations and percent reductions, as applicable, shall be maintained as 

specified in this subdivision: 

(A) All 24-hour daily geometric average sulfur dioxide emission concentrations and 

all 24-hour daily geometric average percent reductions in sulfur dioxide 

emissions; 

(B) All 24-hour daily average nitrogen oxides emission concentrations ; 

(C) All 4-hour block or 24-hour daily average carbon monoxide emission 

concentrations, as applicable; and 

(D) All 4-hour block average municipal waste combustor unit loads and particulate 

matter control device inlet temperatures . 

(5) The calendar dates when any of the average emission concentrations, percent reductions, 

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

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

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

exceedances shall also be recorded. 

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

by this section have not been obtained shall be identified, the reasons for not obtaining sufficient 

data, a description of corrective actions taken and a description of the measures taken to prevent 

future losses of data. 

(7) Where sulfur dioxide emissions data, nitrogen oxides emissions data or operational data 

(i .e ., carbon monoxide emissions, municipal waste combustor unit load and particulate matter 

control device temperature) have been excluded from the calculation of average emission 

concentrations or parameters, the owner or operator shall identify such exclusion as well as the 

reason(s) for excluding the data. 

(8) The results of daily calibrations and quarterly accuracy determinations for opacity, sulfur 

dioxide, nitrogen oxides, carbon monoxide and oxygen or carbon dioxide continuous emission 

monitoring systems shall be recorded. 
Effective July 7, 2008 27 

(9) The test reports and supporting calculations documenting the results of an initial 

performance test conducted to determine compliance with the emission limits specified in this 

section for particulate matter, opacity, cadmium, lead, mercury, dioxin/furan emissions, 

hydrogen chloride and fugitive ash shall be recorded. The maximum demonstrated municipal 

waste combustor unit load and maximum demonstrated particulate matter control device 

temperature shall be recorded for the initial performance test for dioxin/furan emissions for each 

particulate matter control device . The test results and supporting calculations documenting the 

relationship between carbon dioxide and oxygen concentrations established in accordance with 

this section shall be recorded if established during the initial performance test . 

(10) The test reports and supporting calculations documenting the results of all annual 

performance tests conducted to determine compliance with the emission limits specified in this 

section for particulate matter, cadmium, lead, mercury, dioxin/furan emissions, hydrogen 

chloride and fugitive ash shall be recorded. The maximum demonstrated municipal waste 

combustor unit load and maximum demonstrated particulate matter control device temperature 

(for each particulate matter control device) shall be recorded for each performance test for 

dioxin/furan emissions. The relationship between carbon dioxide and oxygen concentrations 

shall be recorded if the relationship is reestablished during the annual performance test . 

(11) For MWCs equipped with activated carbon injection systems for mercury or dioxin/furan 

emissions control, the records specified in this subdivision shall be maintained: 

(A) Estimates of the average carbon mass feed rate, measured in kilograms per hour 

or pounds per hour, during the initial mercury performance test and all subsequent 

annual performance tests, with supporting calculations ; 

(B) Estimates of the average carbon mass feed rate, measured in kilograms per hour 

or pounds per hour, during the initial dioxin/furan emissions performance test and 

all subsequent annual performance tests, with supporting calculations ; 

(C) Estimates of the average carbon mass feed rate, measured in kilograms per hour 

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

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

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

according to the procedures specified below: 

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

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

kilograms per hour or pounds per hour for each hour of operation based on 

the parameters specified under subsection (i)(4)(K) of this section, and 

sum the results for the total number of hours of operation during the 

calendar quarter; 

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

primary indicator(s) of carbon feed rate (e.g ., screw feeder speed) ; and 
Effective July 7, 2008 `~ 28 

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

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

emissions tests. The reasons for such feed rates and a description of corrective 

actions taken shall also be recorded. 

n+a 

distinguished, 

.(Z) Reporting requirements. 

(1) Reserved. 

(2) For each MWC unit, the MWC owner or operator shall submit a quarterly report to the 

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

data were collected. Each quarterly report shall include the following information: 

(A) All data recorded pursuant to this section during the calendar quarter; 

(B) Each calendar date during the calendar quarter reported when any of the average 

emission concentrations, percent reductions, operating parameters or opacity 

levels recorded exceeded the applicable limit identified in this section; the reasons 

the limit was exceeded and a description of the corrective actions taken; 

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

dioxin/furan emissions control, the following information: 

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

when average carbon mass feed rates were less than either of the hourly 

carbon feed rates estimated during mercury or dioxin/furan emissions 
Effective July 7, 2008 29 

tests, and the rates recorded. The reasons for such feed rates and a 

description of the corrective actions taken shall also be reported, 

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

purchased for and delivered to each MWC unit for the reported calendar 

quarter, and 

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

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

or 5 of 40 CFR 60.1935(f); and 

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

this section. 

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

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

following the calendar year in which the data were collected . Each annual report shall include 

the following information: 

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

all applicable parameters, as follows : 

(i) A list of the particulate matter, opacity, cadmium, lead, mercury, 

dioxin/furan, hydrogen chloride and fugitive ash emission levels achieved 

during all initial and annual performance tests. Dioxin/furan emissions 

shall be reported as required in subdivision (1)(B) of this subsection, 

(ii) A list of the highest emission level recorded for sulfur dioxide, nitrogen 

oxides, carbon monoxide, municipal waste combustor unit load, and 

particulate matter control device inlet temperature based on the data 

recorded for 24-hour daily geometric averages, 24-hour daily averages, or 

4-hour block averages, as applicable, for the aforementioned pollutants, 

(iii) The highest six-minute average opacity level measured, 

(iv) The relationship between carbon dioxide and oxygen, if such relationship 

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

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

making the appropriate modifications to the CEM system to incorporate 

the equivalent % C02 correction factor, 

(v) The total number of days that the minimum number of hours of data for 

sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste 

combustor unit load, particulate matter control device temperature and, as 

applicable, carbon mass feed rate were not obtained, and 

(vi) The total number of hours that data for sulfur dioxide, nitrogen oxides, 

carbon monoxide, municipal waste combustor unit load, particulate matter 
Effective July 7, 2008 `r 30 

control device temperature and, as applicable, carbon mass feed rate were 

excluded from the calculation of average emission concentrations or 

parameters; 

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

subdivision for the previous calendar year; and 

(C) The data summaries required by subparagraphs (A) and (B) of this subdivision 

shall highlight any emission or parameter levels that did not achieve the emission 

or parameter limits specified under this section. 

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

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

performance test plan for review and written approval of the commissioner. Such plan shall 

contain, at a minimum, the following information : 

(A) sampling locations; 

(B) test methods; 

(C) sampling protocols ; 

(D) sample analysis procedures ; and 

(E) any other information required by the commissioner. 

(5) The MWC owner or operator shall provide written notification to the commissioner three 

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

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

within seventy-two (72) hours of the time at which such owner or operator receives information 

regarding performance test results indicating that any particulate matter, opacity, cadmium, lead, 

mercury, dioxin/furan, hydrogen chloride or fugitive ash emission levels exceed the applicable 

pollutant emission limits or standards defined in this section. 

(7) Any report required to be submitted to the commissioner by this section shall include a 

certification signed in accordance with section 22a-174-2a(a)(4) of the Regulations of 

Connecticut State Agencies. 

(8) The MWC owner or operator shall submit all reports and notifications required by this 

subsection on forms furnished or prescribed by the commissioner. 

(9) The MWC owner or operator shall submit all reports specified under this subsection as a 

paper copy, with supporting data in either paper or electronic format, postmarked on or before 

the submittal dates specified in this subsection, and maintain such reports at the premises as a 

paper copy with any supporting data in the format submitted for a period of five (5) years from 

the date of submission to the commissioner. 
Effective July 7, 2008 31 

(m) Duty to comply. 

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

requirements of this section shall, at the discretion of the commissioner, enter into a legally 

enforceable cease operation agreement with the commissioner. The cease operation agreement 

shall specify a date, no later than one year from the date that the inability to comply is 

discovered, by which operations shall cease. 

(2) Nothing in this section shall limit the commissioner's authority to impose further 

restrictions or requirements in a permit issued to the owner or operator of a MWC unit . 

Statement of Purpose: RCSA section 22a-174-38 is based on federal emissions guidelines and 

new source performance standards (NSPS), which the U.S. Environmental Protection Agency 

(EPA) promulgated in 1995 . This amendment serves the primary purpose of updating the 

regulation, as required by EPA, in accordance with revisions to the large municipal waste 

combustor emissions guidelines, which were promulgated on May 10, 2006 (71 FR 27324). In 

addition, the proposal removes requirements for new municipal waste combustor units, as such 

requirements are redundant to the independently applicable NSPS ; strengthens air pollution 

control equipment record keeping requirements; exempts units subject to RCSA section 22a-174-

38 from the requirements of RCSA section 22a-174-22; designates an end to the creation and use 

of emission reduction credits; and updates the format to the Department's current conventions.