# 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)EffectiveJuly 7, 2008

Sec

. 22a-174-38

. Municipal Waste Combustors

. (a) Definitions

. For purposes ofthis section: (1) "Calendar quarter" means a consecutive three-month period (nonoverlapping) beginning onJanuary 1, April 1, July 1 or October 1

. (2) "Calendar year" means the twelve consecutive monthperiod starting on January 1 and ending on December 31

. (3) "Chiefoperator" means an individual who is in direct charge ofthe operation ofa municipal waste combustor plant and who is responsible for overall on-site supervision, technical direction, management and performance ofthe plant

. (4) "Continuous burning" means the continuous, semi-continuous or batch feeding of municipal solid waste for purposes ofwaste disposal, energy production or providing heat to the combustion systemin preparation for waste disposal or energy production

. Continuous burning does not include the use of municipal solid waste solely to provide thermal protection ofthe 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 froma MWCunit

. (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 ofall hourly emission concentrations or parameter levels when a municipal waste combustor unit is operating and combusting municipal solid waste measured over any ofthe following three 8- hour periods oftime: midnight to 8 a.m . ; 8 a.m . to 4p.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 CFR60, Appendix A, Method 19

. (10) "Four-hour block average" or "4-hour block average" means the arithmetic mean ofall hourly emission concentrations or parameter levels when a municipal waste combustor unit is operating and combusting municipal solid waste measured over any ofthe following six 4-hour periods oftime: midnight to 4 a.m .; 4 a.m . to 8 a.m

. ; 8 a.m . to noon; noon to 4p.m . ; 4p.m . to 8 p.m . ; or 8p.m

. to midnight

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

data fromno earlier than 1994or another period ofdata approved by the commissioner as representative of NOx emissions

.EffectiveJuly 7, 2008 ``2

(12) "Malfunction" means any sudden, infrequent and not reasonably preventable failure ofair pollution control equipment, process equipment or a process to operate in a normal or usual manner. Afailure 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 awaterwall 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 ofoperation 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) ofthis section

. (15) "Maximumdemonstrated 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 ofoperation that corresponds to atest run during the most recent dioxin/furan emissions performance test that demonstrates compliance with the applicable limit for dioxin/furan specified in subsection (c) ofthis section

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

. (17) "Modification" means "modification or modified municipal waste combustor unit" as defined in 40 CFR60.51b

. (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 airpollutant or any hazardous air pollutant, exclusive ofassociated air pollution control equipment, that combusts municipal solidwaste, inclusive ofthose emissions units constructed prior to January 1, 2007 combusting a single-item waste streamoftires

. 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 oneor 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 programdescribed by this section

.EffectiveJuly 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 MWCunit

. (25) "Ozone season" means the period ofany 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 ofthe 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 MWCthat 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 ofthe operation ofa shift of a municipal waste combustor plant andwho is responsible for on-site supervision, technical direction, management and overall performance ofthe plant during a shift

. (32) "Shutdown period" means the period oftime 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 fromthirty-six (36) or more data points equally spaced over each 6-minute period

. (34) "Standard conditions" means a temperature of 20degrees centigrade and a pressure of 101 .3 kilopascals

. (35) "Startup period" means that period oftime commencing when a municipal waste combustor begins the continuous burning of municipal solidwaste, exclusive ofany 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 oftetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans, as determined using EPAReference Method 23 and the procedures specified under subsection (i)(4) ofthis section

.EffectiveJuly 7, 2008 ~ ~ 4

(37) "Twenty-four hour daily average" means the arithmetic mean ofall 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 averagepollutant concentration, corrected to 7%02 or equivalent percent C02 ; Aj = arithmetic averagepollutant concentrationfor hourj, correctedto 7%02 or equivalent percent COZ ;
n = total number ofhourly averagesfor whichpollutant concentrations are available within the 24 hour midnight to midnight dailyperiod ; ln = the natural logfunction; 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) ofthe combustor

. (b) Applicability

. (1) This section shall apply to the owner or operator ofany municipal waste combustor except for a MWCunit that meets the conditions ofeither subparagraph (A) or (B) ofthis subdivision: (A) The unit is subject to 40CFR60 Subpart Eb and the owner has obtained for that unit a permit issued under section 22a-174-3a ofthe Regulations ofConnecticut StateAgencies, which permit contains emission limits at least as stringent as those stated in subsection (c) ofthis section for sulfur oxides and mercury; or (B) The unit is subject to 40 CFR60 Subpart AAAAand the owner has obtained for that unit a permit issued under section 22a-174-3a ofthe Regulations of Connecticut StateAgencies, which permit contains emission limits at least as stringent as those stated in subsection (c) ofthis section for sulfur oxides and mercury .EffectiveJuly 7, 2008 5

(2) Aphysical or operational change including installation ofcontrol 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 ofany municipal waste combustor required to have a permit under section 3005 ofthe Solid Waste Disposal Act (42 U .S.C.A

. section 6925) is not subjectto this section for the operation of such unit

. (4) The owner or operator ofany recycling facility as defined in section 22a-207 ofthe 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 ofsuch unit

. (6) The owner or operator ofa municipal waste combustor unit to which this section applies shall not be subject to section 22a-174-22ofthe Regulations of Connecticut StateAgencies for such unit

. (c) Emission limits

. (1) No owner or operator ofa municipal waste combustor unit subject to this section shall cause or allow

the emission fromsuch unit of anyair pollutant in excess ofthe applicable emission limit identified in Table 38-1 ofthis 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) ofthis section incinerator/boilers Sulfur dioxide -- 29parts 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) ofthis section construction commenced after 

### December 20, 1989 Sulfur dioxide -- 29parts per million by volume (ppmvd), or All other MWCs 75% reduction by weight or volume measured as required by subsection (c)(7) ofthis section Hydrogen chloride 29parts per million by volume (ppmvd), or 95% reduction by weight or volume measured as required by subsection (c)(7) ofthis 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) ofthis 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) ofthis section

. (4) Continuous compliance with the sulfur dioxide emission limits contained herein shall be based on a 24-hour daily geometric average ofthe hourly arithmetic average emission concentrations using CEM system outlet data ifcompliance is based on an emission concentration, or CEM systeminlet 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 whichthis 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 ofthe air pollution control device that discharges directly to the stack, subtracting it fromthe concentration at the inlet ofthe air pollution control device that receives exhaust gases directly fromthe combustion chamber, dividing the difference by the concentration ofair pollutant atthe inlet to the air pollution control device that receives exhaust gases directly fromthe combustion chamber and then multiplying that result by a factor ofone-hundred (100)

. (8) No owner or operator ofa municipal waste combustor shall cause or allow the emission ofnitrogen oxides (NOx) in excess ofthe applicable emission limit identified in Table 38-2 of this subdivision

.EffectiveJuly 7, 2008 8

Nitrogen oxides emission limit, measured in parts per million volume, Municipalwaste 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 whichconstruction 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 ofa municipal waste combustor unit subject to this section shall cause or allow

an emission ofcarbon monoxide in excess ofthe applicable emission limit identified in Table 38-3 ofthis 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 ofthis section shall applyat all times except during periods ofstartup, shutdown or malfunction as provided in this subdivision: (A) For determining compliance with an applicable carbon monoxide emissions limit, ifa loss ofboiler water level control or a loss ofcombustion air control is determined to be a malfunction, the duration ofthe malfunction period shall be limited to fifteen (15) hours per occurrence
. Otherwise, the duration ofeach startup, shutdown or malfunction period shall be limited to three hours per occurrence for all MWCunits; (B) For the purpose ofcompliance with the opacity emission limits, during each period ofstartup, shutdown or malfunction, the opacity limits shall not be exceeded during more than five (5) 6-minute arithmetic average measurements; and (C) During periods ofstartup, shutdown, or malfunction, monitoring data shall be excluded fromcalculations ofcompliance with the emission limits and operating requirements ofthis subdivision but shall be recorded and reported in accordance with subsections (k) and (0 ofthis 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 toEffectiveJuly 7, 2008 " 10

justify a correction to an equivalent percent carbon dioxide (% C02) and receives the commissioner's written approval

. Ifthe owner or operator of a MWCseeks to use an equivalent % COZ, the owner or operator must demonstrate the relationship between 02 and C02levels as specified in subsection (i)(4)(J) ofthis section and submit awritten report to the commissioner summarizing the results ofthe demonstration

. This relationship may be reestablished during any performance test conducted pursuant to subsection (i) ofthis section

. (13) Reserved

. (14) Notwithstanding subparagraphs (D), (E) and (F) ofsubdivision (4) of subsection (i) of this section, forthe purpose ofsubmitting compliance certifications or for the purpose ofthe commissioner establishing whether the owner or operator hasviolated or is in violation ofany emission limit or standard in this subdivision, nothing shall preclude the commissioner's use, including the exclusive use, ofany appropriate performance test results, credible evidence or information relevant to demonstrating compliance with the applicable requirements ofthis section

. (15) Notwithstanding subdivision (12) ofthis subsection, the owner or operator ofa 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 ofa MWCunit for which construction commenced prior to December 20, 1989 may use emissions trading to meet some or all ofthe NOx emission reductions required for compliance withthe emission limits in subsection (c)(8) ofthis section, subject to the limitations described in this subsection forthe NOx emissions trading program . (2) The owner or operator ofa municipal waste combustor for which construction commenced on or after December 20, 1989 may participate in the NOx emissions trading programdescribed 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) ofthis section ; and (B) Such owner or operator may create ERCs in accordance with the requirements of this subsection if actual NOx emissions froma unit are lower than the applicable NOx emission limits in subsection (c) ofthis section and lower than any applicable NOx Trading Baseline

. (3) For inclusion in the NOx emissions trading program, an owner or operator ofa 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) Aformal request to participate in the NOx trading program ; (B) ANOx Trading Baseline and supporting data

. The NOx Trading Baseline shall be determined as follows: (i) Ifthe historical actual twenty-four hour daily NOx average (ppmv @ 7% OZ or ppmv @

an equivalent %

C02, as specified in subdivision (12) of subsection (c) ofthis section) is higher than the applicable NOx limit set forth in subsection (c) ofthis section, then the applicable subsection (c) NOx limit shall be the NOxTrading Baseline, (ii) Ifthe historical actual twenty-four hour daily NOx average (ppmv @ 7% OZ or ppmv @

an equivalent %

C02, as specified in subdivision (12) of subsection (c) ofthis section) is lower than the applicable NOx limit set forth in subsection (c) ofthis section and such lower average concentration is the result ofinstallation ofcontrol equipment or modification ofa MWCunit solely for the purposes of meeting the requirements ofthis regulation or section 22a-174-22 ofthe Regulations of Connecticut State Agencies, then the applicable NOx limit ofsubsection (c) ofthis section shall be the NOx Trading Baseline

. Control equipment or modifications installed prior to 1990, or installed on new sources since 1990or installed to meet BACT or LAERrequirements shall not beEffectiveJuly 7, 2008 ~ 12
considered as having been installed as a result ofthe requirements ofthis section or section 22a-174-22, or (iii) Ifthe 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) ofthis section, then a NOx Trading Baseline shall be established based on the historical actual twenty-four hour daily NOx average; (C) Adetailed methodology for determining and recording hourly heat input (mmBTU/hr) ; and (D) All calculations, using the formulas provided in subdivision (4)(E) ofthis subsection, ofthe 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 DailyAverage Concentration (24-hour block arithmetic average basis) and compare it to the applicable NOx limit of subsection (c)(8) ofthis section; (B) If the NOx DailyAverage Concentration is greaterthan the applicable NOx limit ofsubsection (c)(8) ofthis section, then calculate the number of ERCs used; (C) Ifthe NOx DailyAverage Concentration is less than the applicable NOx limit of subsection (c)(8) ofthis section but greater than the NOxTrading Baseline, then ERCs shall neither be used nor created; (D) Ifthe NOx Daily Average Concentration is less than the NOxTrading 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 DailyAverage Concentration - (0.95 x applicable NOx limit of subsection (c)(8) ofthis section)] x [1 .194 x 10-7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Average] x [# ofActual Operating Hours in the DailyAveraging Period]EffectiveJuly 7, 2008 13
lbs ERCs created =

[NOx Trading Baseline - NOx DailyAverage Concentration] x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Average] x [# ofActual Operating Hours in the DailyAveraging Period] x [0.85] where: NOx DailyAverage Concentration: Average ofall 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 02is 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 ofdscf/mmBTU

. If C02is used as the diluent, then fc is in the units ofscf/mmBTU

. An f-factor may be either unit-specific or adopted fromTable 19-1 in 40 CFR60, 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

. DailyAveraging Period: The total ofall operating hours in a day during which municipal solid waste is beingfed to a boiler and/or when the boiler load is at least 75%

of maximum

rated capacity

. NOxTrading Baseline: The NOx concentration used as the baseline fromwhich ERCcreation is determined

. TheTrading Baseline will be the applicable NOx limit ofsubsection (c)(8) ofthis section or, ifthe historical actual daily average concentration is less than the applicable NOx limit of subsection (c)(8) ofthis section, the value established by the commissioner (ppmvd @ 7% 02 or ppmv @ an equivalent %

C02)

. 0 .85: This factor represents 10% ERCretirement for environmental benefits and 5% retirement for heat input measurement uncertainties

. Ifthe owner or operator installs and calibrates exhaust gas flowmonitors 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 MWCowner or operator seeking to create ERCs pursuant to this subsection shall :EffectiveJuly 7, 2008 ~ 14

(A) In accordance with subsection (k) ofthis section, maintain records for each MWC unit showing daily NOx mass emissions, actual NOxconcentrations (24-hour average), daily operating hours and ERCs created; (B) Submit awritten requestto 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 ofactual fuel use in mmBTU, (ii) the daily actual NOx mass emissions and NOx concentrations (24-hour average), (iii) the number ofvalid data hours in each 24-hour period for which approval is requested, (iv) the number ofoperating hours per day, and (v) the quantity of ERCs created; and (C) Create all such ERCs prior to January 1, 2009

. (6) Any MWCowner or operator intending to use ERCs pursuant to this subsection shall : (A) No later than the first day ofeach calendar month, calculate, in tons, ERCs per monthfor each MWCunit, the projected maximum number of ERCs required for that calendar month using the formulas provided in subdivision (4)(E) ofthis subsection; (B) No later than the first day ofeach calendar month, acquire a sufficient number of ERCs approved by the commissioner to match the quantity needed as determined according to subparagraph (A) ofthis subdivision

. The quantity needed may be satisfied with unused ERCs created or acquired in previous months, subject to the restrictions of subparagraph (D) ofthis 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 ERCgenerator certification shall be sufficient for such demonstration ; (E) An ERCused to meet the emission limits contained herein shall have been created within the five calendar years preceding the year ofsuch ERCuse; andEffective July 7, 2008 15 (F) For the purposes ofsubparagraph (E) ofthis subdivision, an ERCis considered created in the same calendar year the NOx emission reduction occurs at a plant or source. (7) No later than March 1 ofeach year, the MWCowner or operator shall provide to the commissioner a report containing the following information: (A) Arecord for the previous calendar year ofeach use, sale or other transfer ofany and all ofthe ERCs created in accordance with this subsection; and (B) Arecord for the previous calendar year ofactual NOx emissions fromthe facility and each MWCunit, the quantity ofERCs 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) Anycreation or use ofERCs for the purposes ofthis subsection shall conform to the provisions ofthe U

.S

. Environmental Protection Agency's "Economic Incentive ProgramRules," 40CFR51, Subpart U

. (10) Any emission reductions under this subsection for the purposes of ERCcreation shall : (A) Be calculated in a reliable and replicable manner; and (B) Not be a reduction required by any provision ofthe 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) ofthis subsection

. (11) It shall be aviolation ofthis section ifthe calculation specified by subdivision (6)(C) this subsection demonstrates that any MWCowner or operator did not hold or acquire a sufficient number of ERCs to comply with the NOx emission limits contained herein

. In addition, the MWCowner or operator shall acquire additional ERCs in an amount equal to three (3) ERCs for every one (1) ERCneeded for compliance, had the ERCs been held or acquired at the time specified in subdivision (6)(B) ofthis subsection

. The additional ERCs shall be acquired on or before the last day ofthe calendar month in which the calculation specified by subdivision (6)(C) ofthis subsection is performed

. Nothing herein shall preclude the commissioner fromtaking 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 useor trading of ERCs created pursuant to this section is prohibited

. (e) Reserved

.EffectiveJuly 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 ofcombustion ashfroman ash conveyingsystem, including conveyor transfer points, in excess of five percent (5 %) ofthe observation period (i .e., nine (9) minutes per three-hour period) ; as specified in subsection (i)(4)(1) ofthis section

. (2) The emission limit specified in subdivision (1) ofthis subsection does not cover visible emissions discharged inside buildings or within enclosures ofash conveyingsystems; however, the emission limit specified in subdivision (1) ofthis subsection does cover visible emissions discharged to the atmosphere frombuildings or enclosures ofash conveying systems

. (3) The provisions specified in subdivision (1) ofthis subsection do not apply during maintenance and repair ofash conveying systems, however, all reasonable measures to control fugitive emissions on such occasions shall be implemented

. (g) Operating practices

. (1) No owner or operator ofa municipal waste combustor unit shall cause or allowsuch unit to operate at a temperature, measured at each particulate control device inlet, more than seventeen (17) degrees centigrade, based on a4-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 ofa municipal waste combustor unit shall cause or allow such unit to operate at a municipal waste combustor unit load greaterthan one hundred ten percent (110%) ofthe 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) ofthis subsection, during the annual dioxin/furan emissions performance test and for two (2) weeks prior to such test, allow

temperatures in excess ofthat specified in subdivision (1) ofthis subsection and municipal waste combustor unit load limits in excess ofthat specified in subdivision (2) ofthis 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 ofthe 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 allowevaluation ofsystem performance, testing of new technology or control technologies or diagnostic testing, provided that any such temporarywaiver is authorized through a permit or order issued prior to an evaluation ofsystemperformance, testing of new technology or control technologies or diagnostic testing

.Effective July 7, 2008 17

(5) During the operation ofa MWCunit, the carbon injection systemoperating parameter(s) that is the primary indicator(s) ofthe 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) ofthis section

. (h) Operator training and certification

. (1) No owner or operator ofa municipal waste combustor plant shall cause or allowsuch plant to be operated at any time unless a certified chiefoperator or shift operator is physically present at the plant

. (2) Operators shall be certified by the commissioner under section 22a-231-1 ofthe Regulations of Connecticut State Agencies and shall be identified as either a Class I or Class 11 chiefoperator or a Class I or Class II shift operator

. (3) Not later than six (6) months after the date of employment, all chiefoperators and shift operators must satisfactorily complete an operator training course conducted by the commissioner

. (4) The owner or operator ofa 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) Asummary ofthe applicable emission limits and operational requirements; (B) Adescription 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

.EffectiveJuly 7, 2008 ~ ~ 18

(5) The owner or operator ofamunicipal 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 ofa MWCplant including, but not limited to, the chiefoperator, shift operator, ash handler, maintenance employee and crane/load handler

. The owner or operator shall train new employees with thejob positions identified in this subdivision prior to each new employee's assumption ofany responsibilities at a MWC plant

. Following initial training, the training programshall 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) ofthis 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 amunicipal waste combustor shall conduct an annual performance test for dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury and fugitive ashat 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) ofthis subsection, upon demonstration for two (2) consecutive years that the dioxin/furan emission levels fromall units at a MWCplant 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 MWCowner or operator shall only be required to conduct performance testing for dioxin/furan on one unit at that MWCplant

. 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 anyyear following the year ofelection 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 MWCowner or operator shall resume testing ofall units at the MWCplant 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 ofthis subdivision, at which time the owner/operator may resume testing in accordance with this subdivision

. (4) Each MWCowner or operator shall employ the following methodologies: (A) Testing for particulate matter and opacity levels shall be conducted in accordance with the following procedures:EffectiveJuly 7, 2008 19 (i) 40 CFR60, Appendix A, Reference Method 1 shall be used to select the sampling site and number of traverse points for particulate matter testing, (ii) 40 CFR60, Appendix A, Reference Method 3 shall be used for flue gas analysis for particulate matter testing, (iii) 40 CFR60, 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 CFR60, Appendix A, Reference Method 9shall be used for determining compliance with the opacity emissions limit, except as provided under 40 CFR60.11(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 CFR60, Appendix A, Reference Method 1 shall be used for determining the location and number ofsampling points, (ii) 40 CFR60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii) 40 CFR60, Appendix A, Reference Method 29 shall be used for determining compliance with the cadmiumand lead emission limits, (iv) An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29test run for cadmiumand 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 cadmiumand 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:EffectiveJuly 7, 2008 "20
(i) 40 CFR60, Appendix A, Reference Method 1 shall be used for determining the location and number of sampling points, (ii) 40 CFR60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii) 40 CFR60, Appendix A, Reference Method 29 shall be used for determining compliance withthe mercury emission limits

. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29test runfor mercury required under this section, (iv) The minimumsample 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)=( EiEi 

### X100

where: %PHg =percentreduction ofthe 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 ofemission concentrations or percent reductions determined using all data generated in a minimum ofat least three (3) test runs as required by this section; (D) Compliance withthe sulfur dioxide emission limit (measured as a concentration or as a percent reduction by weight or volume) shall be determined by using the CEM systemspecified in subsection (j)(1) ofthis section ; (E) Compliance with the nitrogen oxide emission limit shall be determined by using the CEM

systemspecified in subsection (j)(1) ofthis section ; (F) Compliance with the carbon monoxide emission limit shall be determined by using the CEM

system specified in subsection (j)(1) ofthis section;EffectiveJuly 7, 2008 21 (G) Testing for hydrogen chloride levels shall be conducted in accordance with the following procedures: (i) 40 CFR60, 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 runforhydrogen 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 ofthe 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 ofemission 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 CFR60, Appendix A, Reference Method 1 shall be used for determining the location and number of sampling points, (ii) 40 CFR60, Appendix A, Reference Method 3 shall be used for flue gas analysis, (iii) 40 CFR60, 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,EffectiveJuly 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 CFR60, 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 Theobservation period shall include representative operational times when the facility is transferring ash fromthe 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 ofC02and OZ diluent data shall be obtained using the procedures and methods contained in 40 CFR60, Appendix A, Reference Method 3Aor 3B, For each test run, using the following equation, a calculation shall be made ofthe C02correction factor which is equivalent to a 7%02correction factor:
COz correctionfactor = 13.9 l x CO2measured (20- 9- 02measured/

, and Calculation ofa unit-specific equivalent C02correction factor shall be the arithmetic mean ofthe result obtained fromthe three (3) test runs and the calculation ofthe C02correction factor for each test run pursuant to subparagraph (J)(ii) ofthis 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 systemoperating parameters such as the screw feeder speed, hopper volume, hopperEffectiveJuly 7, 2008 23
refill frequency, or other parameters appropriate to the feed systembeing 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), S02reduction efficiency, nitrogen oxides (NOx) and carbon monoxide shall be determined based on continuous emission monitoring systemdata

. The owner or operator ofamunicipal waste combustor shall install, operate and calibrate such continuous emission monitoring systemin a manner acceptable to the commissioner and certify to the commissioner, in writing, that the equipment specifications for the continuous emission monitoring systemhave been and are being met

. In addition to the aforementioned continuous monitoring systems, the owner or operator ofa 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 ofthe flue gas at each location where carbon dioxide, sulfur dioxide or nitrogen oxide emissions are monitored, and, ifactivated 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 CFR60, Appendix B, Performance Specification 1 ; section 22a-174-4 ofthe Regulations of Connecticut State Agencies; and 40 CFR60.13; (B) 02 and C02monitors shall meet the applicable performance and quality assurance requirements of 40 CFR60, Appendix B, Performance Specification 3; 40 CFR 60, Appendix F, Procedure 1 ; and 40 CFR60.13; (C) S02 monitors shall : (i) Meet the applicable performance and quality assurance requirements of 40 CFR60, Appendix B, Performance Specification 2 ; 40 CFR60, Appendix F, Procedure 1 ; and 40 CFR60.13, 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 ofthe 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;EffectiveJuly 7, 2008 "~ 24

(D) NOXmonitors shall meet the applicable performance and quality assurance requirements of40 CFR60, Appendix B, Performance Specification 2; 40 CFR 60, Appendix F, Procedure 1 ; and 40CFR60.13; (E) Carbon monoxide monitors shall : (i) Meet the applicable performance and quality assurance requirements of 40 CFR60, Appendix B, Performance Specification 4or 4A (as applicable) ; 40 CFR60, 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 offive ppmdv is calculated as the absolute value ofthe mean difference between the reference method and the CEM system ; (F) Continuous monitoring systems for MWCunit load shall meet the requirements of 40 CFR60.1810(a) ; and (G) Ifactivated carbon is used to control dioxin/furan or mercury emissions: (i) Monitoring ofthe carbon feed rate shall meet the requirements of 40CFR 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 systemoperation

. The operational indicator shall provide an instantaneous visual or audible alarm to alert the operator ofa potential interruption in the carbon feed that would not normally be indicated by direct monitoring ofcarbon mass feed rate (e.g. continuous weight loss feeder) or monitoring ofthe carbon systemoperating parameter or parameters that are the indicator or indicators ofthe carbon mass feed rate (e.g. screw feeder speed)

. The carbon injection system operational indicator used to provide additional verification ofcarbon injection systemoperation, including basis for selecting the indicator and operator response to the indicator alarm, shall be included inthe sitespecific Municipal Waste Combustor Operating &Maintenance Manual

. (2) AMWCowner 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%) ofthe total operating hours in any one calendar quarter and not less than ninety-five percent (95%) ofthe total operating hours in any onecalendar year; (B) Data available for opacity CEMs shall not be less than ninety-five percent (95%) ofthe total operating hours in any one calendar quarter;EffectiveJuly 7, 2008 25 (C) Obtain valid 1-hour averages for seventy-five percent (75%) ofthe operating hours per day for ninety percent (90%) ofthe 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) ofthis section in the event of failure to obtain the minimum data required by subparagraphs (A) and (B) ofthis subdivision; and (F) The percentage ofdata 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 froma CEM to calculate emissions concentrations and percent reductions as required by this section regardless ofwhether the minimum

data availability requirements of subparagraphs (A) and (B) ofthis subdivision are obtained

. (3) During a loss of boiler water level control or a loss ofcombustion air control malfunction period, a diluent capof 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 ofa municipal waste combustor shall maintain records ofthe informationspecified in subdivisions (2) through (13) ofthis 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 fromthe date the record was created

. (2) Operator training and certification records shall be maintained on an annual basis, as follows: (A) The names ofthe chiefoperators and shift operators, certified by the commissioner, and employed at the plant, including the dates ofinitial and renewal certifications and documentation ofcurrent certification; (B) The names ofthe chiefoperators and shift operators who have completed an operator training course as required under subsection (h)(3) ofthis section ; and (C) The names ofthe persons at the plant who have completed a training program as required under subsection (h)(5) ofthis 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) Thecalendar dates when any ofthe average emission concentrations, percent reductions, operating parameters or opacity levels recorded under subdivisions (3) or (4) ofthis subsection are above the applicable limit shall be identified

. The reasons for such exceedances, a description ofcorrective actions taken and a description ofthe measures taken to prevent future exceedances shall also be recorded

. (6) Thecalendar dates for which the minimum number of hours ofany ofthe data required by this section have not been obtained shall be identified, the reasons for not obtaining sufficient data, a description ofcorrective actions taken and a description ofthe measures taken to prevent future losses ofdata

. (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 fromthe calculation ofaverage 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 ofdaily 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

.EffectiveJuly 7, 2008 27

(9) The test reports and supporting calculations documenting the results ofan 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 ashshall be recorded

. The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature shall be recorded forthe 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 ifestablished during the initial performance test

. (10) The test reports and supporting calculations documenting the results ofall 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 ifthe 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 ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, during the initial mercury performance test andall subsequent annual performance tests, with supporting calculations; (B) Estimates ofthe 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 ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, for each hour ofoperation, with supporting calculations; (D) For each calendar quarter, estimates ofthe total carbon usage for each MWCunit in kilograms or pounds for each calendar quarter by two independent methods, according to the procedures specified below : (i) For each MWCunit, estimate the weight of carbon delivered, and (ii) For each MWCunit, estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour ofoperation based on the parameters specified under subsection (i)(4)(K) ofthis section, and sum the results for the total number of hours ofoperation during the calendar quarter; (E) Carbon injection systemoperating parameter data for the parameter(s) that are the primary indicator(s) ofcarbon feed rate (e.g., screw feeder speed) ; andEffective July 7, 2008 `~ 28

(F) The times and calendar dates when average carbon mass feed rates were less than either ofthe hourly carbon feed rates estimated during mercury or dioxin/furan emissions tests

. The reasons for such feed rates and a description ofcorrective actions taken shall also be recorded
.

n+a

distinguished

, .(Z) Reporting requirements

. (1) Reserved

. (2) For each MWCunit, the MWCowner or operator shall submit a quarterly report to the commissioner within thirty (30) days following the end ofeach 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 ofthe 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 ofthe corrective actions taken; (C) For MWCs equipped with activated carbon injection systems for mercury or dioxin/furan emissions control, the following information: (i) Identification ofthe calendar dates during the calendar quarter reported when average carbon mass feed rates were less than either ofthe hourly carbon feedrates estimated during mercury or dioxin/furan emissionsEffectiveJuly 7, 2008 29
tests, and the rates recorded

. The reasons for such feed rates and a description ofthe corrective actions taken shall also be reported, (ii) The total carbon purchased for and delivered to the MWCplant or purchased for and delivered to each MWCunit for the reported calendar quarter, and (iii) The required usage ofcarbon for the reported calendar quarter for the MWCplant or for each MWCunit at the plant, calculated using equation 4 or 5 of 40 CFR 60.1935(f) ; and (D) The ,data and results ofany CEM quality assurance testing conducted pursuant to this section

. (3) Except as set forth in subparagraph (D) ofthis subdivision, the MWCowner or operator shall submit an annual report to the commissioner no later than January 30 ofeach year following the calendar year in which the data were collected

. Each annual report shall include the following information: (A) Asummary ofdata collected for each pollutant regulated under this section and all applicable parameters, as follows: (i) Alist ofthe particulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride andfugitive ash emission levels achieved during all initial and annual performance tests

. Dioxin/furan emissions shall be reported as required in subdivision (1)(B) ofthis subsection, (ii) Alist ofthe 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 ofthe units tested and the date and time ofeach test run, and, as necessary, a schedule for making the appropriate modifications to the CEM systemto incorporate the equivalent %

C02correction factor, (v) The total number ofdays that the minimumnumber of hours ofdata 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 matterEffectiveJuly 7, 2008 `r 30
control device temperature and, as applicable, carbon mass feed rate were excluded fromthe calculation ofaverage emission concentrations or parameters; (B) The information required by subparagraphs (A)(i), (A)(ii) and (A)(iii) ofthis subdivision for the previous calendar year; and (C) The data summaries required by subparagraphs (A) and (B) ofthis 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 MWCowner or operator plans to conduct any performance test required under this subsection, such owner or operator shall submit a performance test plan for review andwritten approval ofthe 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 MWCowner 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 MWCowner or operator shall provide written notification to the commissioner within seventy-two (72) hours ofthe time at whichsuch 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) ofthe Regulations of Connecticut StateAgencies

. (8) The MWCowner or operator shall submit all reports and notifications required by this subsection on forms furnished or prescribed by the commissioner
. (9) The MWCowner 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 aperiod offive (5) years from the date ofsubmission 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 ofthis section shall, at the discretion ofthe commissioner, enter into a legally enforceable cease operation agreement with the commissioner

. The cease operation agreement shall specify a date, no later than oneyear 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 ofa MWCunit

.
Statement of Purpose: RCSAsection 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 ofupdating the regulation, as required by EPA, in accordance with revisions to the large municipal waste combustor emissions guidelines, whichwere promulgated on May 10, 2006 (71 FR27324)

. 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 fromthe requirements of RCSAsection 22a-174-22; designates an end to the creation and use ofemission reduction credits; and updates the format to the Department's current conventions

.