,'r!r39 REV. SJ77 

Section; 2 

STATE OF CONNECTICUT 

REGULATION 

OF 

NAMt OF AGENCY 

Environmental Protection 

Page 6 of 18 pages 

Sec. 2 Section 22a-17422 of the Regulations of Connecticut State Agencies are amended 

as follows : 

Sec. 22a-174-22 . Control of nitrogen oxides emissions 

(a) Definitions 

For purposes of this sectibn, the following definitions shall apply : 

(1) "Contract" means : (A) an agreement between a utility and a 

customer (or other pe-rson) to provide electricity; or (B) a change 

in any agreement between a utility and a customer (or other 

person) to provide electricity . 

_(2) "ELECTRICITY SUPPLIER" MEANS "ELECTRIC SUPPLIER" AS DEFINED IN 

SECTION 16-1(a)(30) OF THE CONNECTICUT-GENERAL STATUTES, AND 

"MUNICIPAL ELECTRIC UTILITY" A$ DEFINED IN SECTION 7-233b(8) OF 

THE CONNECTICUT GENERAL STATUTES . 

((2)) (3) "Emergency engine" means a stationary reciprocating engine 

or a turbine engine which is used as a means o£ providing 

mechanical or electrical power only during periods of testing and 

scheduled maintenance or during either an emergency or in 

accordance with a contract intended to ensure an adequate supply 

of electricity for use within the state of Connecticut during the 

loss of electrical power derived from nuclear facilities . The 

term does not include an engine for which the owner or operator of 

such engine is party to any other agreement to sell electrical 

power from such engine to (a utility) AN ELECTRICITY SUPPLIER, or 

o.therwise receives any reduction in the cost of electrical power 

for agreeing to produce power during periods of reduced voltage or 

reduced power availability . 

[(3)J (4-) "Emergency" means an unforeseeable condition that ,is beyond 

the control of the owner or operator of an emergency engine and 

that : 

(A) Results in an interruption of electrical power from the 

[utility] ELECTRICITY SUPPLIER to the (premise) PREMISES ; 

(B) Results in a deviation of voltage from the [utility) 

ELECTRICITY SUPPLIER to the (premise] PREMISES of three 

percent (3%) above or five percent (5$) below standard 

voltage in accordance with subsection (a) of section 16-11-

115 of the Regulations of Connecticut State Agencies 

[(RCSA)] ; 

(C) Requires an interruption of electrical power from the 

[utility] ELECTRICITY SUPPLIER to the (premise] PREMISES 

enabling the owner or operator to perform emergency repairs ; 

or 

(D) Requires operation of the emergency engine to minimize 

damage from fire, flood, or any other-catastrophic event, 

natural or man-made . 

((4)) (5) ., "Gas" or "gaseous fuel" means natural gas, propane, or any 

other fuel that is in the gaseous state under standard conditions . 

[(5)] (6) "gm/bk hp-hr" means grams per brake horsepower-hour . 

[(6)1 (?) "lb" means pound . 

[(7)] (6) "MMBTU" means million BTU of heat input . 

[(8)] (9) "MMBTU/hr" means million,BTU of heat input per hour . 

[(9)) (10) "MRC" means maximum rated capacity . 

((10)j (11) "Major stationary source of NOx" means [a premise] PREMISES 

with potential emissions of NOx equal to or greater than fifty 

(50) tons per year in a serious nonattainment area for ozone, or 

twenty-five (25) tons per year in a severe nonattainment area for 

ozone. . 

12) "NOx BUDGET PROGRAM SOURCE" MEANS, 

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R39 REV. 1/77 

Section; 

NAME OF AMCY 

STATE OF CONNECTICUT 

REGULATION 

OF 

Environmental Protection 

Page 7 of 18 pages 

(A) A FOSSIL-FUEL-FIRED STATIONARY SOURCE THAT SERVES A GENERATOR WITH A NAMEPLATE CAPACITY OF FIFTEEN MEGAWATTS (15 MW) OR MORE; OR 

(B) A FOSSIL--FUEL-FIRED BOILER OR INDIRECT HEAT EXCHANGER WITH A MAXIMUM HEAT INPUT CAPACITY OF 250 MMBTU OR MORE . 

(13) "NOX DISCRETE EMISSION REDUCTION CREDIT" OR "NOX DERC" MEANS THE REDUCTION OF ONE TON OF NOX AT A SOURCE DURING A DISCRETE PERIOD OF TIME, WHICH THE COMMISSIONER HAS CERTIFIED AS REAL, QUANTIFIABLE, SURPLUS, PERMANENT, AND ENFORCEABLE . 

((11)] (14) "Other boiler" means a boiler that is not a cyclone furnace, fast-response double-furnace naval boiler, or fluidized-bed combustor, 

((12)) (15) "Other oil" means~a fuel that is liquid at standard conditions and is not residual oil . 

((13)] (16) "ppmvd" means parts per million by volume on a dry basis . 

((14)] (17) ("Premise"] "PREMISES'_" has the same meaning as _"PREMISE_" IN section 22a-174-1 of the (RCSA) REGULATIONS OF CONNECTICUT STATE AGENCIES . 

((15)) (18)_ "Reciprocating engine" means a stationary internal combustion engine having a crankshaft turned by linearly reciprocating pistons . 

((16)) (19) "Selective noncatalytic reductiori" means emission control technology (which) THAT involves the injection of a chemical reagent at high flue gas temperatures to selectively reduce NOx emissions to nitrogen and water . 

((17)] (20) "Turbine engine" means a stationary internal combustion engine (which] THAT continuously converts an air-fuel mixture into rotational mechanical energy through the use of moving vanes attached,to a rotor, 

((18)"Utility" means any electric public service company as defined in section 16-1 of the General Statutes and any municipal electric utility company as defined in section 7-233b of the General Statutes .) 

{(19)] (21) "Waste combustor" means an incinerator as defined in subsection 22a-174-18(c) of the _REGULATIONS OF CONNECTICUT STATE AGENCIES (RCSA], a resources recovery facility as defined in' section 22a-207 of the CONNECTICUT General Statutes, or a sewage sludge'incinerator . The term does not include a flare or an industrial fume incinerator . 

(b) Applicability 

(1) This section (shall apply] APPLIES to the owner or operator of : 

(A) Any of the fcllowing sources, PROV'lDED SUCH SOURCES ARE LOCATED AT A MAJOR STATIONARY SOURCE OF NOx : 

[(A)] (i) (Any) A reciprocating engine (which has) WITH a maximum rated capacity of three (3) MMBTU/hr or 

more (and which is located at a premise that is 

a major stationary source of NOx] ; 

((B)j (ii) (Any fuel-burning] FUEL-BURNING equipment, other than a reciprocating engine, (which has) WITH.a 

maximum rated capacity of five (5) MMBTU/hr or 

more [and which is located at a premise that is 

a major stationary source of NOx] ; 

((C)] iii) (Any equipment which burns] EQUIPMENT THAT ' 

COMBUSTS fuel for heating materials and (which) THAT has a maximum rated capacity of five (5) 

MMBTU/hr or more (and which is located at a premise that is a major stationary source of 

NOx] ; 

'' 
R,39 REV. 1.177 STATE OF CONNECTICUT Page s of 18 pages 

REGULATION 

OF 

ruAMe OF AC"cr 

Environmental Protection 

Section: 2 

[(D)] (iv) (Any] A waste combustor [which has) WITH a 

design capacity of two thousand (2000) pounds or 

more of waste per hour (and which is located at 

a premise that is a major stationary source of 

NOx) ; or 

[(E)] (B) JAny] fuel-burning equipment, A waste combustor, or A 

proces§ source [which] THAT has potential emissions of NOx 

in excess of the following : 

(i) One hundred thirty-seven (137) pounds during any day 

from May 1 through September 30 of any year, (for a) 

IF SUCH source 15 located in a severe nonattainment 

area for ozone ; or 

(ii) Two hundred seventy-four (274) pounds during any day 

from May 1 through September 30 of any year, [for a] 

IF SUCH source IS located in a serious nonattainment 

area for ozone . 

' 

(2) [Subdivisions (d)(2) to (d)(5)] SUBSECTIONS (d)[ , inclusive, and 

subsections (e) to] THROUGH (k), INCLUSIVE, of this section shall 

not apply to the owner or operator of a [premise] SOURCE if the 

actual emissions of NOx since January 1, 1990 from [such premise] 

THE PREMISES AT WHICH SUCH SOURCE IS LOCATED have not exceeded 

twenty-five (25) tons in any calendar year (for a premise] IF SUCH 

PREMISES ARE LOCATED in a severe nonattainment area for ozone, or 

fifty (50) tons in any calendar year [for a premise] IF SUCH 

PREMISES ARE LOCATED in a serious nonattainment area for ozone . 

Notwithstanding this provision, [subdivision (d)(2)] SUBSECTION 

(d) through subsection (k), inclusive, of this section shall apply 

TO SUCH OWNER OR OPERATOR if after May 31, 1995, [such owner or 

operator exceeds emissions of NOx as follows] ACTUAL EMISSIONS OF 

NOx FROM SUCH PREMISES EXCEED THE FOLLOWING : 

(A) In any calendar year: twenty-five (25) tons for [a premise] 

PREMISES located in a severe nonattainment area for ozone, 

or fifty (50) tons for [a premise] PREMISES located in a 

serious nonattainment area for ozone ; or 

(B) On any day from May 1 through September 30 of any year : one 

hundred thirty-seven (137) pounds for (a premise) PREMISES 

located in a severe nonattainment area for ozone or two 

hundred seventy-four (274) pounds for (a premise) PREMISES 

located in a serious nonattainment area for ozone . 

0 

(3) Subsections (d) through (k) of this section shall not apply to THE 

OWNER OR OPERATOR OF an emergency engine . In addition, the actual 

emissions from emergency engines operating during an emergency 

shall not be included in the determination of the applicability of 

[subparagraph] SUBSECTION (b)(2)(B) of this section . 

(4) The owner or operator of an emergency engine shall not include the 

actual emissions from any such engine for purposes of determining 

applicability in accordance with (subparagraph (B) of subdivision 

.(2)) SUBSECTION (b)(2)(B) of this subsection, provided such 

emissions result from operation in accordance with a contract with 

a utility operating pursuant to a permit or order which : 

(A) Requires the permittee to maintain a list which identifies 

all sources with whom the permittee has a contract ; 

(B) Requires either the permitee or the owner or operator of the 

emergency engine to record and submit to the Commissioner 

data on fuel consumption and hours of operation of any 

emergency engine operating under such contract ; and 

(C) Requires the permittee to obtain NOx emission reductions to 

offset the NOx emissions that result from the generation of 

customer-contracted electricity . 

(5) Notwithstanding subdivision (3) of this subsection, subsections 

(d) through (k) of this section shall apply to the owner or 

operator of an emergency engine if, after May 1, 1997, such engine 

operates for routine, scheduled testing or maintenance on any day 

for which the Commissioner has forecast that ozone levels will be 

"moderate to unhealthful," "unhealthful," or "very unhealthful ." 

The Commissioner may exempt, by permit or order, the owner or 
R.39 REV. 1177 

Section : 

((1) Prior to May 31, 1995, the owner or operator of any source subject to this section shall not cause or allow emissions of NOx from such source in excess of the emission limitation specified in Table 22-1 of this section . The owner or operator of any source which is not subject to an emission limitation in Table 22-1 of this section shall not cause or allow emissions of NOx from such source in excess of seven hundred (700) ppmvd . 

(c) Exemption . 

This section shall not apply to THE OWNER OR OPERATOR OF A mobile (sources) SOURCE . 

(d) General requiremen.,ts . 

TABLE 22-1 

NOX EMISSION LIMITATIONS PRIOR TO MAY 31, 1995 (IN POUNDS PER MMBTU OF HEAT INPUT) 

GAS-FIRED OIL-FIRED COAL-FIRED Turbine 

Cyclone 

engine 0 .9 0 .9 NA furnace 0,9 0 .9 Fast-response 0 .3 0 .5 0 .5 0 .9 double-furnace 

Naval boiler 

Other boiler, with 0 .9 

MRC of 250 0 .3 0 .9 

MMBTU/hr or more 

Other boiler, with 0,2 0 .3 0 .9 MRC less 

than 250 MMBTU/hr) 

((2)) sl) On and after May 31, 1995, the owner or operator of (any] A STATIONARY source subject to this section shall : 

NAMP OF AOENCY 

STATE OF CONNECTICUT Page 9 of 18 pages 

REGULATION 

OF 

Environmental Protection 

operator of an emergency engine from this subdivision, if such emergency engine is unattended, the testing is automated and cannot be modified from a remote location . 

(A) comply with all applicable emission-limitations for such . source in subsection (e) of this section; 

(B) comply with the provisions for multi-fuel sources in subsection (f)-of this section ; 

(C) reduce the NOx emission rate from such source by forty percent (90B), pursuant to subsection (g) of this section, in accordance with a permit issued by the Commissioner ; 

(n) (reconstruct the source, pursuant to subsection (h) of this section, in accordance with a permit issued by the Commissioner ; or 

(E)] FILE A PERMIT APPLICATION TO modify the schedule of operations at (the] SUCH source, pursuant to subsection (i) of this section, in accordance with a permit issued by the Commissioner . 

(?) _ON 

APRIL 

OCTOBER 1, 2003, AND DURING THE PERIOD FROM OCTOBER 1 THROUGH 30 EACH YEAR THEREAFTER, THE OWNER OR OPERATOR OF A STATIONARY SOURCE SUBJECT TO THIS SECTION THAT IS ALSO A NOx BUDGET PROGRAM SOURCE SHALL : 

((3) 

(A) COMPLY WITH THE EMISSION LIMITATION IN SUBSECTION (e) (3) OF THIS SECTION; OR 

(,HL _USE NOX DERCs, OR NOX ALLOWANCES, OR BOTH, PURSUANT TO SUBSECTION (j) OF THIS SECTION, TO ACHIEVE ALL OR A PORTION OF THE NOX EMISSION REDUCTIONS REQUIRED BY THE EMISSION LIMITATION IN SUBSECTION (e)(3) OF THIS SECTION . 

The owner or operator of a source subject to this section may apply 

with 

in writing to the Commissioner for an extension to comply subdivision (2) of this subsection . The Commissioner may grant such extension for a period not to exceed one (1) year, through a permit . Such permit shall meet the Administrator's requirements for "Phase-in of Controls- Beyond May 19'95" (Federal 
. R39 REV. 1/I7 STATE OF CONNECTICUT Page 10 of 1e pages 

REGULATION 

O F 

NAME OF ACiENCY 

-

Environmental Protection 

Section; Z 

Register, Vol . 57, No . 228, Page 55623) . The commissioner shall 

submit a permit or order providing for the use of NOx DERCs and 

NOx allowances to achieve all or a portion of the reductions 

required under this section, except the emission limitation in 

subsection (e)(3) of this section, to the Administrator for 

approval in accordance with the provision of 42 U .S .C . 7401-7671q . 

((4)) (3) The owner or operator OF A STATIONARY SOURCE SUBJECT TO THIS 

SECTION, in accordance with an order or permit issued by the 

Commissioner, may use (emission reduction trading] _NOx DERCs AND 

NOx ALLOWANCES, pursuant to subsection (j) of this section, to 

achieve all or a portion of the reductions required by this 

section . The Commissioner shall submit such permit or order to 

the Administrator for approval in accordance with the provision of 

42 U .S .C . 7401-7671q . 

((5)) (4) Nothing herein shall preclude the Commissioner from issuing 

an order to an owner or operator OF A STATIONARY SOURCE SUBJECT TO 

THIS SECTION to comply with the requirements of this subsection . 

, (e) Emission limitations . 

(1) The owner or operator of a stationary source subject to this 

section may, in accordance with [subparagraph (A) of subdivision 

(d)(2)) SUBSECTION (d)(1)(A) of this section, comply with the 

requirements of this section by meeting applicable emission 

limitations specified in Table [22-2) 22-1 of this section . 

Emission limitations in Table -[22-2) 22-1 for turbine engines that 

are quantified in units of ppmvd shall be corrected to fifteen 

percent (15$) oxygen . ' 

(2) For any STATIONARY source for which there is no applicable 

emission limitation in Table [22-2] 22-1 , the owner or operator of 

such source shall not cause or allow emissions of_ NOx therefrom in 

excess of the following : 

(A) For fuel-burning equipment fired by a fuel other than those 

fuels cited in Table (22-2) 22-1 : 0 .3 pounds per MMBTU ; 

(8) For any waste combustor subject to the requirements of 

subdivision'[(2)) (4) of this subsection : 0 .38 pounds per 

MMBTU; 

(C) For any waste combustor not subject to the requirements of 

(subparagraph (1)(B)] SUBDIVISION (2)(B) of this subsection 

which has a waterwall furnace ; 0 .38 pounds per MMBTU ; 

(D) For any other waste combustor : 0 .33 pounds per MMBTU; 

(E) For a glass melting furnace : 5 .5 pounds of NOx per ton of 

glass produced; , 

(F) For .a STATIONARY source, other than a glass melting furnace, 

(which burns) THAT COMBUSTS fuel for heating materials : 180 

ppmvd, corrected to twelve percent (12$) carbon dioxide ; oz 

(G) For any STATIONARY source not having an emission limitation 

in s,ubparagraphs (A) through (F) of this subdivision : seven 

hundred (700) ppmvd . 

, 

(3) FOR A SOURCE SUBJECT TO THIS SECTION THAT IS ALSO A _NO_x _BUDGET 

PROGRAM SOURCE : 0 .15 POUNDS PER MMBTU DURING THE PERI0D FROM 

OCTOBER 1 THROUGH APRIL 30 . 

[(2)) (4) In addition to complying with the emission limitation in 

(subparagraph (1)(B)) SUBDIVISION (2~,(B) of this subsection, by 

May 31; 1995 the owner or operator of any waste combustor [which] 

. THAT combusts refuse derived fuel shall install and operate 

selective noncatalytic reduction or other NOx emissions control 

technology capable of reducing the NOx emission rate by at least 

thirty percent (30%) from the average emission rate in calendar 

year 1990 on one boiler unit at such facility . If the Commissioner 

determines that operations during 1990 were not representative of 

normal operations of the facility, the Commissioner may use 

another calendar period [which] THAT is more representative . In 

. addition, actual annual average NOx emissions from other boiler 

units at such facility shall each not exceed 420 tons per year . 

The Commissioner may consider, in the same manner as for other 

. - ' .1 
R,39 REV. j/77 STATE OF CONNECTICUT Page 11 of 18 pages 

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Section : 

NAME OF AOENCY 

REGULATION 

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Environmental Protection 

sources, any emission reduction below 0 .38 pounds per MMBTU to be eligible as surplus emissions reductions for purposes of emission 

reduction credits pursuant to subsection (j) of this section until May 31, 1999 . 

TABLE [22-21 22-1 

[NOX EMISSION LIMITATION ON AND AFTER MAY 31, 1995] 

Gas-fired Residual-oil- Other-oil- Coal-fired 

fired fired 

Turbine engine 55 ppmvd not 75 ppmvd not 

with MRC Z 100 applicable applicable 

KMTU/hr 

Turbine engine 0 .90 lb/MMBTU not '0 .90 lb/MMBTU not 

with MRC < 100 applicable applicable MHBTII/hr 

Cyclone furnace 0 .43 lb/MMBTU 0 .43 lb/MMBTU 0 .43 lb/MMBTU 0 .93 lb/MMBTU 

Fast-response 0 .20 lb/MMBTU 0 .30 lb/MMBTU 0 .30 lb/MMBTU 0 .30 lb/MMBTU 

double-furnace ' 

Naval boiler . 

Fluidized bed not not not 0 .29 lb/MMBTU combusCor applicable applicable applicable 

Other boiler 0 .20 lb/MMBTU ~0 .25 lb/MMBTU 0 .20 lb/MMBTU 0 .38 lb/MMBTU 

Reciprocating 2 .5 gm/bk hp- not 8 grn/bk hp-hr not engine hr applicable applicable 

tf) Multi-fuel sources . 

(1) When, pursuant to (subparagraph (B) of subdivision (d)(2)] 

SUBSECTION . (d)(1J(B) of this section, the owner or operator of a 

STATIONARY source SUBJECT TO THIS SECTION switches the use of 

fuel, converts to a new fuel, ox is capable of burning two or more 

different fuels, such owner or operator shall comply with the 

requirements of this subsection . 

(2) The owner or operator of a STATIONARY source that is capable of firing two or more fuels shall not cause or allow emissions of NOx from such source, in excess of the following : 

(A) For fuel-burning equipment that simultaneously fires two or 

more different fuels : an emission limitation calculated by 1) multiplying the heat input of each fuel combusted by the 

emission limitation established in this section for such 

fuel, 2) summing those products, and 3) dividing the sum by the total heat input ; or 

(B) For fuel-burning equipment that is capable of 

interchangeably firing two or more fuels : the emission 

limitation in Table [22-2) 22-1 for the particular equipment and fuel used . Notwithstanding this requirement, the owner 

or operator of a STATIONARY source that opdrates exclusively 

on other oil or gas from May 1 through September-30 of any 

year and on another fuel during the remainder of the year 

shall not cause or allow emissions of NOx from such source, in excess of 0 .2 pounds per MMBTU from May 1 through 

September 30 and 0 .29 pounds per MMBTU.for the remainder of the ye`ar . , 

(3) The owner or operator of a~STATIONARY source (which) THAT, on or after January 1, 1990, converts the fuel used at such source, shall not cause or allow emissions of NOx from such source in 

excess of the following : 

(A) 0 .29 pounds per MMBTU, when [the] SUCH source burned coal to provide more than fifty percent (50%) of -its total heat input during the last full calendar year immediately prior to such conversion ; or 

(B) 0 .225 pounds per MMBTU, if [theJ SUCH source burned residual oil to provide more than .fifty percent (50$) of its total heat input during the last full calendar year immediately prior to such conversion . 
R~39 REV. I n7 

~D it-AS Of AGENCY 

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Section : 

(g) Forty percent (40%) reduction . 

(1) When the owner or operator of [any] A STATIONARY source SUBJECT TO 

THIS SECTION reduces the NOx emission rate from such source by 

forty percent (40%), as provided in (subparagraph (C) of 

subdivision (d)(2)) SUBSECTION (d)(1} (C) of this~section, such 

owner or operator shall comply with the emission limitations of 

this section established in a permit issued by the Commissioner . 

Such permit shall specify such source's NOx emission limitation to 

be the more restrictive of : 

(A) sixty percent (60%) of such source's emission rate at 

maximum capacity during calendar year 1990 ; or 

(B) sixty percent (60%) of the emission limitation applicable to 

the source on January 1, 1990 . 

Such permit shall express the NOx emission limitation in the,same 

units of measurement as the NOx emission limitation that would 

otherwise apply to such source in subsection (e) of this section . 

(2) To determine the actual emission rate specified in (subparagraph] 

SUBDIVISION (1)(A) of this subsection, such owner or operator 

shall conduct an emission test at such source under operating 

conditions,representative of those conditions in existence at the 

source in calendar year 1990, at the-maximum capacity at which the 

source was operateo during such calendar year . 

(3) if the Commissioner ,determines that operations during calendar 

year 1990 were not representative of normal operations from such 

source, the Commissioner may use another calendar year which is 

more representative . 

(h) Reconstruction or replacement . REPEALED . 

[(1) If the owner or operator of a source proves, to the satisfaction 

of the Commissioner, that compliance with subsections (e) or (g) 

of this section is not technologically or economically feasible at 

such source, the Commissioner may allow the owner or operator, 

through a permit, to comply with this section by reconstructing 

the existing source, or replacing the existing source with a new 

source . Such reconstruction or replacement shall be completed no 

later than May 31, 1999 . 

(2) Such permit shall require that, prior to the completion of 

reconstruction or replacement of such source, the NOx emission 

rate from the existing source not exceed the more restrictive of : 

(A) the emission limitation applicable to the source on January 

1, 1990 ; or 

(B) the emission limitation of any current permit or order 

-' issued by the Commissioner for such source . 

(3) Such permit shall require the owner or operator, by May 31, 1995, 

to deposit into an escrow account an amount equal to $1,000 

multiplied by the number of pounds per day of NOx emission 

reductions that would be needed by the existing source to achieve 

compliance with the emission limitations in subsection (e) of this 

section . The terms of such escrow account and escrow agent 

required by such permit shall be subject to the approval of the 

Commissioner . The Commissioner may require that such escrow 

account be established and properly insured against default at an 

institution authorized to operate in Connecticut by the State's 

Commissioner of Banking . In determining the acceptability of an 

escrow agent, the Commissioner shall consider the reliability and 

trustworthiness of the person acting as the escrow agent . The 

Commissioner shall also consider the escrow agent's ability to 

insure that any money deposited into such escrow account will be 

withdrawn upon written notification .in accordance with such 

permit . 

(4) After completion of such reconstruction or replacement, the owner -

or operator may, upon written notification by the Commissioner, 

withdraw funds from the escrow account in accordance with such 

permit described in subdivision (3) of this subsection . If the 

owner or operator fails to complete reconstruction or replacement 

by the date set forth in the permit, such owner or operator shall 
R-39 REV. 1m' STATE OF CONNECTICUT Page 13 of 18 pages 

REGULATION 

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Section : 

NAMS OF AGENCY 

Environmental Protection 

use such funds to acquire emission reduction credits upon written notice from the Commissioner .] 

(i) Schedule modification . 

(1) If the owner or operator of a STATIONARY source SUBJECT TO THIS SECTION proves to the satisfaction of the Commissioner that it is not technologically or economically feasible for such source to comply with the emission limitations in subsections (e) through (g) of this section, EXCEPT THE EMISSION LIMITATION IN SUBSECTION (e)(3) OF THIS SECTION,, the Commissioner may by permit require NOx emission reductions through modifications of the schedule of NOx- emitting activities and implementation of other measures to reduce NOx emissions at such source . Such permit may include 

restrictions on operations on any day for which the Commissioner has forecast that ozone levels will be "moderate to unhealthful," "unhealthful," or "very unhealthful ." 

(2) This subsection shall only apply to the following : 

(A) Oil-fired turbine engines or fast-response double-furnace 

Naval boilers that generate power to create simulated highaltitude atmospheres for the testing of aircraft engines ; (or] 

(B) Testing of fuel-burning equipment undergoing research and 

developmentj .J ; OR 

C) COMPRESSION-IGNITION RECIPROCATING ENGINES USED EXCLUSIVELY 

FOR THE TRAINING PERSONNEL IN THE OPERATION AND MAINTENANCE 

OF SUCH ENGINES ABOARD SUBMARINES . 

(j) Emissions reduction trading . 

(1) [When the] _THE owner or operator of a STATIONARY source SUBJECT TO THIS SECTION (uses emission reduction trading} MAY USE NOx DERCs OR _NO_x ALLOWANCES OR BOTH to comply with THE 'APPLICABLE EMISSION LIMITATION CONTAINED IN SUBSECTION (e) OF this section[,]PURSUANT TO A PERMIT OR ORDER ISSUED BY THE COMMISSIONER . (such owner or operator shall achieve. reductions in NOx emissions which, at a minimum, are equivalent to those emission reductions that would be achieved by complying with all applicable emission limitations in subsection (e) of this s.ection . The Commissioner may allow the use of emission reduction trading through the issuance of a permit . Such permit shall require the owner or operator, by May 31, 1995, to perform emission trading or to deposit into an escrow account an amount equal to $2000 multiplied by the number of pounds per day of NOx emission reductions needed to achieve compliance with the emission limitations in subsection (e) of this section . Such order or permit also shall require the owner. or operator to withdraw and use such funds to acquire ERCs upon written notice from the Commissioner . The terms of such escrow account and escrow agent required by such permit shall be subject to the approval of the Commissioner . The Commissioner shall require that such escrow account be established and properly insured against default at an institution authorized to operate in Connecticut by the State's Commissioner of Banking . In determining the acceptability of an escrow agent, the Commissioner shall consider the reliability and trustworthiness of the person acting as the escrow agent . The Commissioner shall also consider the escrow agent's ability to insure that any money deposited into such escrow account will be withdrawn upon written notification in accordance with such 

permit .] 

(2) SUCH OWNER OR OPERATOR SHALL RETIRE ONE (1) NOx OERC OR ONE (1) Nox ALLOWANCE FOR EACH TON OF NOx.EMITTED IN EXCESS OF THE APPLICABLE EMISSION LIMITATION IN SUBSECTION (e) OF THIS SECTION, AS CALCULATED PURSUANT TO A PERMIT OR ORDER ISSUED BY THE COMMISSIONER . (In order to comply with subdivision (j)(1) of this subsection, such] SUCH owner or operator shall conduct an emission test or submit another method acceptable to the Commissioner to estimate the (NOx emission limitation shortfall) THE NUMBER OF TONS OF NOx EMITTED IN EXCESS OF SUCH APPLICABLE EMISSION LIMITATION . Such emission test shall be conducted under operating conditions [which] THAT demonstrate the maximum emission rate of such source . Such emission test shall be certified pursuant to subsection (k) of this section . 
R-39 REV, 1177 STATE OF CONNECTICUT Page 14 of 1s pages 

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Environmental Protection 

(3) Any creation or use of (ERCs) NOx DERCs OR NOx ALLOWANCES for the 

purpose of this subsection shall be consistent with the provisions 

of (the U .S . Environmental Protection Agency's "Economic Incentive 

Program Rules ; Proposed Rules," published February 23, 1993 (Federal Register, Volume 58, Number 34),J 40 CFR 51r SUBPART U 

and the U .S . Environmental Protection Agency's "Emissions Trading 

Policy Statement," published December 4, 1986 (Federal Register, 

Volume 51, [Number 233) PAGE 43814 ) . THE USE OF NOx ALLOWANCES 

PURSUANT TO THIS SUBSECTION SHALL ALSO B£ CONSISTENT WITH THE PROVISIONS OF SECTION 22a-174-22a(f)(4) AND SECTION 22a"174- ' 22b(i)(5) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 

(k) Emissions testing and monitoring . 

(1) The owner or operator of [any] A STATIONARY source subject to an emission limitation under this section shall conduct an emission test to demonstrate compliance with this section no later than May 31, 1995, Any such owner or operator (which) THAT does not 

install or operate a continuous emissions monitor at such source shall also conduct emission tests at least once every five years . Compliance with the emission limitations of this section shall be determined based on the average of three (3) one-hour tests, each performed over a consecutive 60-minute period and performed in accordance with section 22a-174-5 of the (RCSAJ REGULATIONS OF CONNECTICUT STATE AGENCIES . Any analysis of nitrogen content conducted as part of such emission testing shall be in accordance with method D-3~228 of the American Society for the Testing of Materials . 

(2) The owner or operator shall demonstrate compliance with emission limitations of this section using sampling and analytical procedures approved under 40 CPR Part 60, Appendix A, or under procedures in subsection 22a-174-5(d) of the (RCSAJ REGULATIONS OF CONNECTICUT STATE AGENCIES, Sampling shall be conducted when the source is at normal operating temperature and, unless allowed otherwise by the Commissioner in a permit or order, is operating at or above ninety percent (90%) of maximum rated capacity for a fuel-burning source or at or above ninety percent (90%) of design capacity for a waste combustor . Notwithstanding such requirement, any source which has operated in excess of one hundred percent (100%) of its maximum rated capacity at any time since January 1, 1990 shall be tested when the source is operating at or above ninety percent (908) of its highest operating rate since January 1, 1990 . 

(3) On and after May 31, 1995, the owner or operator of any source that emitted more than one hundred (100) tons of NOx from a single stack 

install, 

during any calendar year beginning January 1, 1990, shall calibrate, maintain, operate, and certify a continuous 

operator 

emissions monitor for NOx for each such stack . The owner or shall notify the Commissioner in writing at least thirty 

testing 

(30) days prior to conducting any performance or quality assurance 

in 

of any such monitor . Any such testing shdll be conducted accordance with a testing protocol approved by the Commissioner . Any continuous emission monitor for NOx shall be installed, calibrated and operated in accordance with the performance 

CFR 60, 

and quality assurance specifications contained in 40 Subpart A, Appendix B and Appendix F . 

(4) 

order, 

[Unless otherwise specified by the Commissioner in a permit or 

section 

the averaging times for the emission limitations in this for a source that has, or is required to have, a 

hours, 

continuous emissions monitor for NOx shall be twenty-four (24) 

midnight 

measured from midnight at,the beginning of any day to 

operation, 

of the end of that day and shall include all periods of 

OTHERWISE 

including startup, shutdown, and malfunction,) UNLESS 

AVERAGING 

SPECIFIED 

TIMES 

BY THE COMMISSIONER IN A PERMIT OR ORDER, THE 

APPLICABLE 

FOR THE FOLLOWING EMISSION LIMITATIONS SHALL BE 

CONTINUOUS 

TO A SOURCE THAT HAS OR IS REQUIRED TO HAVE A EMISSIONS MONITOR FOR NOX : 

L-~) FOR THE EMISSIONS LIMITATION IN SUBSECTION (e)(3), THE PERIOD FROM OCTOBER 1 THROUGH APRIL 30, INCLUDING ALL PERIODS OF OPERATION, INCLUDING STARTUP, SHUTDOWN., AND MALFUNCTION; AND 

($) 

TWENTY'-FOUR 

FOR ANY OTHER EMISSION LIMITATION CONTAINED IN THIS SECTION, (24) HOURS, MEASURED FROM MIDNIGHT AT THE 

. 
R-39 REV, 1/77 

_-N 

Section: 

NAME OF AGENCY 

t 

STATE OF CONNECTICUT Page id of 18 pages 

REGULATION 

OF 

Environmental Protection 

BEGINNING OF ANY DAY TO MIDNIGHT OF THE END OF THAT DAY, INCLUDING ALL PERIODS OF OPERATION, INCLUDING STARTUP, SHUTDOWN, AND MALFUNCTION . 

((5) The 

apply 

owner or operator of a source subject to this subsection may in writing to the Commissioner for an extension to comply with this subsection . The Commissioner may grant such extension for a period not to exceed one (1) year through a permit or order .] - 

(5) IF THE OWNER OR OPERATOR OF A SOURCE SUBJECT TO SUBDIVISION (1) OF THIS SUBSECTION DEMONSTRATES TO THE COMMISSIONER IN WRITING THAT (A) SUCH EMISSION TEST WOULD RESULT IN ACTUAL EMISSIONS GREATER THAN THOSE EMITTED DURING ANNUAL OPERATIONS OF THE SOURCE, OR (B) SUCH EMISSION TEST IS OTHERWISE ECONOMICALLY INFEASIBLE IN LIGHT OF ANY UNIQUE CHARACTERISTICS OF THE SOURCE OR ITS MANNER OF OPERATION, THE COMMISSIONER MAY REQUIRE SUCH OWNER OR OPERATOR TO DEMONSTRATE COMPLIANCE WITH THIS SECTION THROUGH ALTERNATE MEANS . SUCH ALTERNATE MEANS SHALL BE INCORPORATED INTO A PERMIT OR ORDER AND MAY PROVIDE FOR THE USE OF EMISSION REDUCTION TRADING4 IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (j) OF THIS SECTION . CALCULATIONS RESULTING IN ,A FRACTIONAL EMISSION REDUCTION CREDIT 

(1) Reporting and record keeping. 

(1) The owner or operator of [any] A STATIONARY source subject to this section, shall keep the following records : 

REQUIREMENTS SHALL BE ROUNDED UP TO THE NEXT WHOLE TON . 

(A) For an emergency engine, daily records of operating hours of such engine, identifying the operating hours of emergency and non-emergency use ; 

(B) For any [premise] PREMISES for which [subdivision] 

SUBSECTIONS (b)(2) or (b)(3) of this section applies, 

records (e .g . fuel use, continuous emissions monitoring, 

operating hours) to determine whether the NOx emissions from such (premise] PREMISES on any day from May 1 through September 30, inclusive, are in excess of one hundred thirty-seven (137) pounds for [a premise] PREMISES located in a severe nonattainment area for ozone or two hundred seventy-four (279) pounds for .(a premise] PREMISES located in a serious nonattainment area for ozone . 

(C) Monthly and annual records (e .g . fuel use, continuous emissions monitoring, operating hours) to determine whether NOx emissions from such [premise] PREMISES in any calendar year are in excess of twenty-five (25) tons for [a premise] PREMISES located in a severe nonattainment area for ozone or fifty (50) tons for (a premise] PREMISES located in a serious nonattainment area for ozone ; 

(D) Records of all tune-ups, repairs,_ replacement of parts and other maintenance ; 

(E) Copies of all documents submitted to the Commissioner pursuant to this section ; 

(F) For any source required to install, calibrate, and operate a continuous emissions monitor for NOx under subdivision (k)(3), all charts, electronically stored data, and printed records produced by such continuous emissions monitori 

(G) Procedures for calculating NOx emission rates in (B) and (C) above ; 

(H) Records of the dates, times, and places of all emission testing required by this section, the persons performing the measurements, the testing methods used, the operating conditions at the time of testing, and the results of such testing ; 

(I) For any source required to install, calibrate, and operate a continuous emissions monitor for NOx under subdivision 

(k)(3) of this section, records of all performance 

evaluations, calibration checks and adjustments on such monitor; a record of maintenance procedures ; and all data 
B-39 REV. 1177 STATE OF CONNECTICUT Page 16 of 18 pages 

REGULATION . 

OF 

NAME OF AGWY 

Environmental Protection 

Section : 

necessary to complete the quarterly reports required under 

subdivision (1)(4) of this section; and 

(J) Any other records or reports required by an order or permit 

issued by the Commissioner pursuant to this section . 

(2) Within thirty (30) days of the completion of emission tests 

conducted under the requirements of subdivision (k)(1) of this 

section, the owner or operator of such source shall submit a 

written report of the results of such testing to the Commissioner . 

(3) Within sixty (60) days of the completion of certification tests 

conducted under the requirements of subdivision (k)(3) of this 

section, the owner or operator of such source shall submit a 

written report of the results of such testing to the Commissioner . 

(4) The owner or operator of any source required to be equipped with a 

continuous emissions monitor for NOx under subdivision (k)(3) of 

this section shall submit to the Commissioner written quarterly 

reports of excess emissions and CEM malfunctions : Such reports 

shall be submitted to the Commissioner on or before January 30, 

April 30, July 30, and October 30 and shall include data for the 

three calendar month period ending the month before the due date 

of the report . For each period of excess emissions, such .report 

shall include the date and time of commencement and completion of 

such period, the magnitude and suspected cause of the excess 

emissions and all actions taken to correct the excess emissions . 

For each malfunction of the CEM system, such report shall include 

the date and time of when the malfunction commenced and ended, and 

all actions taken to correct the malfunction . 

(5) The owner or operator of [any] A STATIONARY source subject to this 

section shall retain all records and reports produced pursuant to 

the requirements of this section for five (5) years . Such records 

and reports shall be available for inspection at reasonable hours 

by the Commissioner or the Administrator . Such records and 

reports shall be retained at the source, unless the Commissioner 

approves in writing the use of another location in the State . 

(6) 

(7) 

on or before April 15 of each year, the owner or operator of [any] 

A STATIONARY source subject to this section shall submit a report 

on NOx emissions from such source, on a form provided by the 

Commissioner . 

The Commissioner may use data recorded by continuous emissions 

monitors for NOx and any other records and reports to determine 

compliance with applicable requirements o£ this section . 

(iu) Compliance plans . 

(1) The owner or operator of [any] A STATIONARY source (that is) 

subject to this section shall submit a compliance plan to the 

Commissioner by September 1, 1994, on forms provided by the 

Commissioner . Such compliance plan shall document how (the) SUCH 

source will comply with all applicable requirements of this 

section . The owner or operator of (any) A STATIONARY source 

[which] THAT becomes subject to this section after May 1, . 1994, 

shall submit a compliance plan within four (4) months of the date 

on which (the] SUCH source becomes subject to this section . 

(2) Any compliance plan submitted pursuant to this subsection shall 

include a certification signed by a responsible corporate officer 

or a duly authorized representative of such officer, as those 

terms are defined in subdivision 22a-430-3(b)(2) of the [RCSA) 

REGULATIONS OF CONNECTICUT STATE AGENCIES, and by the individual 

delegated by such officer with the responsibility of actually 

preparing the compliance plan . Such certification shall read as 

follows : "I have personally examined and am familiar with the 

information submitted in this (compliance plan) DOCUMENT and all 

attachments THERETO( .], AND I CERTIFY THAT [Based] BASED on 

reasonable investigation, including my inquiry of those 

individuals responsible for obtaining the information, (I certify 

that) the submitted information is true, accurate and complete to 

the best of my knowledge and belief . I understand that any false 

statement made in [this compliance plan or its attachments] THE. 

SUBMITTED INFORMATION may be punishable as a criminal offense 

UNDER SECTION 22a-175 OF THE GENERAL STATUTES, UNDER SECTION 53a- 

© 
R"39 REV. arr7 STATE OF CONNECTICUT Page _17 of 18 pages 

REGULATION 

OF 

Section : 

NAME OF AGENCY 

Environmental Protection 

157b OF THE GENERAL STATUTES, AND IN ACCORDANCE WITH ANY 

APPLICABLE STATUTE," 

(3) If a compliance plan does not contain all measures necessary to 

comply with all requirements of this section, the Commissioner may 

notify the owner or operator of such source of the deficiency . 

Such owner or operator shall -resubmit a revised compliance plan 

within thirty (30) days of receipt of such notice . 

(41 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (1) OF THIS SECTION, 

THE OWNER OR OPERATOR OF A NOx BUDGET PROGRAM SOURCE WHO IS 

SUBJECT TO A REVISED EMISSION STANDARD SHALL NOT HE REQUIRED TO 

SUBMIT A REVISED COMPLIANCE PLAN UNLESS THE-COMMISSIONER REQUESTS 

SO IN WRITING . 

_STATEMENT OF PURPOSE : TO CONTROL EMISSONS OF NITROGEN OXIDES FROM POWER PLANTS 

AND OTHER LARGE SOURCES OF AIR POLLUTION IN ACCORDANCE WITH THE REQUIREMENTS 

OF EXECUTIVE ORDER NO, 19, 
CERTIFICATION 

A"39 aEr1R7 

Be it known that the foregoing: Fagej~-oW-Pages 

Regulations CJ Emergency Regulations 

Are: 

® Adopted ® Amended as hereinabove stated 0 Repeated 

By the aforesaid agency pursuant to : 

Sectioti IZa-174 of the General Statutes . 

Section of the General Statutes, as amended by Public Act No. of the Public Acts . 

11 Public Act No. of the Public Acts . 

After publication in the Connecticut Law Journal on August 22 Z0,0¢ , of the notice of the proposal to : 

Adopt 0 Amend 0 Repeal such regulations 

(If applicable) : 0 And the holding of a public hearing ors 21st day of Sept 20-M 

WHEREFORE, the foregoing regulations are hereby: 

-- Am 0 Adopted ~ Amended as hereinabove stated t~ Repealed 

Edwe: 

When filed with the Secretary of State, 

(OR) 

0 '13e 

OFFICIAL TITLE, DULY AUTHORIZED 

Commissioner 

Approved by the Atrorney General as to legal sufficiency 

in accordance with Sec. 4-iG9, as amended, C.G .S . : 

0 Approved 

Disapproved 

Disapproved in part, (Indicate Section Nwnbers disapproved only) 

Rejected without prejudice. 

SIC NEi? (Clerk of the Legtslar(e Regulation Review Corruniaee) 

By the Legislative Regulation Review Committee in accordancr with Sec. 4-170, as atnendcd, of the General Statutes . 

tiFied copies received and filed, and one such copy forwarded to the Commission on Officiat Legal Publications k2nce with Section 4-172, as amendod . of the Geoerai Statutes . 

SFGNED (Secretary of the Stare.) 

I . One copy of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the Attorney General for his determination of legal sufficiency . Section 4-169 of the General Statutes 

Z. Seventeen 

standing Legislative 

copies of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the Regulation Review Committee for its approval . Section 4-170 of the General Statutes . 

3, Each 

heading

regulation 

. Section 

must be in the form intended for publitation and must include the appropriate regulation section number and section 4-172 of the General Statutes . 

4 . Indicate 

language 

by 

in 

"(NEW)" in heading if new regulation . Amended regulations must contain new language in capital letters and deleted brackets . Section 4-I70 of the General Statutes .