Connecticut Department of 

### ENERGY &

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



### David Conroy, Chief Air Programs Branch EPA Region I

. 5 Post Office Square

- Suite 100

· Mail Code OEPOS-02

Boston, MA 02109-3912 September 25, 2015

• • 1 

### "

Re: Withdrawal of Provision in

. aRevision to the Connecticut State Implementation Plan
Dear Mr. Conroy, On April 22, 2014, the Connecticut Department ofEnergy and Environmental Protection (DEEP) submitted 

## arevision to the State Implementation Plan (SIP) concerning fuel sulfur content limitations for stationary sources.' The revision included new section 22a-174-19b ofthe Regulations ofConnecticut State Agencies (RCSA), which sets fuel sulfur content restrictions for distillate, residual, kerosene and aviation fuels used in all non-mobile equipment such as boilers, turbines and engines. DEEP would like to modify that submittal by withdrawing subsection (e) from section RCSA 22a-174-19b. Subsection (e) states that under conditions ofa fuel shortage emergency, as

.determined by the commissioner, the commissioner may approve in writing the sale or combustion offuel with a sulfur content that exceeds the applicable limitation. No other element ofthe April 22, 2014 submission is changed by this letter. ,Attachment A to this letter is a copy ofthe regulatory action that includes the adoption ofRCSA section 22a-174-19b. Subsection (e) ofRCSA section 22a-174-19b is in strikeout font. This version ofthe regulatory action may replace Attachment A ofthe April 22, 2014 SIP submission. 

### Ifyou have any questions, please contact Merrily Gere ofmy staffat (860) 424-3416 or Merrily.Gere@ct.gov.

cc: Anne Arnold, EPA Region 1 Anne Mc Williams, EPA Region 1 Sincerely,

# a~~~·- Anne 

### R. Gobin Chief, Bureau ofAir Management

### Attachment A
This attachment is the same

## asAtta9~ent . A ofthe April 22, 2014 SIP submission with the

. addition of strikeout font to subsection (e) ofRCSA section 22a-l 74-19b.

i

. . ' '

. • .,**~** . I

'
-REGS-1 Rev. 09/2013

NAME OF AGENCY: State of Connecticut' '

. 

## REGULATION of the 

### Energy and Environmental Protection 

### Concerning · 

### Page 1of14

SUBJECT MATTER OF REGULATION: 

### Amendment ofSection 22a•l74-19 ofthe Regulations ofConnecticut State Agencies (RCSA) Control ofSulfur Compound Emissions Amendment ofSection 22a-174-19a ofthe RCSA Control ofSulfurDioxide Emissions from PowerPlants and Other Large Stationary Sources ofAir Pollution Amendment ofSections 22a'."174-5(a) and 22a-17 4-S(b)(1) ofthe RCSA Methods for sampling, emission testing, sample analysis and reporting Adoption ofSection 22a-174-19b ofthe RCSA Sulfur Content Limitations for Stationary Sources Section 1. Section 22a-174-19 ofthe Regulations ofConnecticut State**Agencie~** 

### is amended tO 

### read as follows: · " ' ' '

.(a) (Fuel combustion. (a)(l) Definitions. As used in subsections (a) through (f) inclusive: "Combustible" means the heat-producing constituents ofa fuel. "Combustion'' means the rapid chemical combination ofoxygen with the combustible element of a fuel resulting in the production ofheat. "Fuel" means a substance containing combustibles used for producing heat, light, power or energy. "Fuel merchant" means any person who offers for sale or sells, transfers, orprovides inretail or wholesale trade; fuel, including agents, brokers, wholesalers, distributors, or producers who sell commercial or noncommercial fuel. "Fuel user" means any person who stores or utilizes commercial or non-commercial fuel.J<ilt**~e** 

### -· purpose ofcreating by combustion heat, light, power, or energy. 

## !i!'iJP?**~ :?** **[£!~** .c:- 

### "Gross heat input" means the total energy requirement for a premise for twelve (12)

### coiJ~v~ th ; .· .**;;:,.~-i! -.:.:**  

### mon s. . ·**-- ~-'** **·** 1**C)R•>~** . -I :-.::rr-1
,_, r-:rJ**~** :;:; rr1

. - .J.#**;: ~fl** **;** ·--., en -**~=a);!** -:-=- 

### §! ;;i: -1
- .

Vin, 

### .r:: "Heat input" means the actual firing rate ofthe fuel burning equipment.

- - - - - -**--~** ---Page 2of14

"Premise" means the grouping ofall air pollutant emitting activities or sources at any one location and owned or under the control ofthe same person orpersons.

. "Stack" or "chimney" means a flue, conduit or opening permittingparticulate or gaseous

emission into the open air, or constructed or arranged for such purpose. i**~** "Sulfur dioxide (S02)" means a colorless gas at standard conditions which has the molecular formula 802. "Sulfur oxides (SOx)" means any compound made up only ofsulfur and oxygen which for the purpose ofthis regulation will be calculated as sulfur dioxide (802). (a)(2) Fuel users (a)(2)(i) No person, except as provided in subparagraphs (a)(2)(ii), (a)(3)(i) and (a)(3)(ii), shall use orburn fuel which contains sulfur in excess ofa maximum ofone percent (1

.0%) by weight (dry basis). Additionally, no fuel user shall cause orpermit the installation or operation ofany fuel burning equipment with a heat input of250,000 BTIJ perhour or more which uses fuel containing any solid fuel without first obtaining the

·Commissioner's approval by the issuance ofa stationary source operating pennitfor this purpose, unless the fuel user demonstrates to the Commissioner's satisfaction that the emissions ofsulfur compounds (expressed as sulfur dioxide) from such equipment are 1.1 pounds per million BTU ofheat input or less. (ii) Under conditions offuel shortage emergency, as determined bythe Commissioner, higher percentages ofsulfuf may be permitted by express approval ofthe Commissioner for temporary periods.

. .! ;11 (a)(3) Use offuel containing other than one percent (1 %) sulfur. (a)(3)(ii) Airpollution control/energy trade program. Notwithstanding the provisions of subsection (a)(2), the Commissioner may approve: (i) combustion ofa mixture offuels, or (ii) combustion ofa single fuel, which contain(s) more than one percent (1.0 percent) sulfur by weight (dry basis) provided that: (A) The emissions ofsulfur compounds (expressed as sulfur dioxide) from a given premise do-hot exceed 0.55 pounds per million BTU ofgross heat input; (B) The owner or operator ofthe premise applies for and obtains, prior to the burning ofsuch fuel, a stationary source operating permit for this purpose; and (C) The emissions do notprevent or interfere with either the attainment or maintenance ofany applicable air quality standard. (a)(3)(ii) Emission limitation. Notwithstanding the provisions ofsubdivision (a)(2) the Commissioner may approve the combustion ofa single fuel or a mixture offuels whichPage 

### 3of14

contain(s) more than one percent (1 

### %) sulfur by weight (dry basis) for any fuel burning equipmentprovided that the emissions ofsulfur compounds (expressed as sulfur dioxide) from such equipment do not exceed 1.1 pounds per million BTU ofheat input. (a)(3)(iii) Ambient impact. Notwithstanding the provisions ofsubdivision (a)(2) or subparagraphs (a)(3)(i) and (ii) the Commissioner shall, by permit or order, limit the emission of sulfur compounds (expressed as sulfur dioxide) from any fuel burning equipment on a given premise to less than 1.1 pounds per million BTU ofheat input for any source which interferes

. . with the attainment or maintenance ofany applicable 

### air quality standard. (a)(4) Fuel merchants (a)(4)(i) No fuel merchant, except as provided 

### in subparagraphs (a)(4)(ii) and (iii) shall store, offer for sale, sell, make available, deliver for use or exchange in trade for use in Connecticut fuel which contains in excess ofone percent (1.0%)**~ulfur** by weight (dry basis). (a)(4)(ii) 

### In other than conditions offuel shortage**emerge~cy** described under subsection (a)(2)(ii), fuel merchants seeking to store, offer for sale, sell, deliver for use or exchange in trade, for use 

### in Connecticut, and· fuel users seeking to create by combustion heat, light, power, or energy from fuels containillg sulfur 

### in excess ofthe maximums set by subsection (a)(2) under the conditions specified in subsection (a)(3) shall obtain the prior approval ofthe Commissioner

.

. (a)(4)(iii) The Commissioner may allow a fuel merchant to store, sell, or deliver fuel, which contains more than one percent (1 %) sulfur by weight (dry basis) to any fuel user who has been authorized to use such fuel by: · (A) · A variance pursuant to 22a-174-13; or (B) A permit pursuant to 22a-174-3; or (C) Approval pursuant to 22a-174-19(a)(2)(ii); or (D) Approval pursuant to 22a-174-19(a)(3); or 

### (E) Authorization as a result ofany other action taken by the Commissioner

. The Commissioner may take such action under this subparagraph withoutrequiring any notice or hearing. (a)(5) The Commissioner may require submission qffuel analyses, results ofstack sampling, or both, prepared at the expense ofthe merchant or user, to ensure compliance with the provisions ofsubsections (a)(l) through (a)(7) inclusive, and no persc:m shall fail to submit such data when requested to do so by the Commissioner.Page 4of14
(a)(6) Persons selling fuels in Connecticut shall maintain records ofsales of

### all fuel containing sulfur and shall make these records available for inspection by the Commissioner or

### bis representative during normal business hours

. This section shall not apply to any ofthe following fuels

.which have sulfur contents belowtwo-tenths ofone percent (0

.2%) by weight (dry basis): distillate oil, motor vehicle fuel, aircraft fuel, or gaseous fuel. (a)(7) The provisions ofsubsection (a)(l) through (a)(6) inclusive shall not apply to fuels used by oceangoing vessels. (a)(8) No person shall cause or permit the flaring or combustion ofany refinery process gas stream or any other process gas stream that contains sulfur compounds measured as hydrogen sulfide in concentrations greater than lO'grains per 100 standard cubic feet (23 gm/100 scm) of
·: gas. (a)(9)(i) The provisions ofsubsections (a)(2)(i) above shall not apply to any coal burning equipment used primarily for educational or historical demonstrations or exhibits provided that the emissions from such fuel burning equipment do not interfere with either the attainment or maintenance ofany applicable 

### air quality standard. These sources shall include, but are not limited to, blacksmith's forges, steam**locomotives~** and steamboats, provided, however, that such sources do not use or bum fuel which contains sulfur in excess ofone and one-halfpercent (1.5%) by weight (dry basis)

. · 

### (ii) As a prerequisite for exemption under the provisions ofsubsections (a)(9)(i), owners shall notify the Commissioner prior to commencement ofsaid operation. (iii) The Commissioner may revoke or modify an exemption under subsection (a)(9) ifhe determines that operation ofthe source will (1) prevent orinterfere with the·attainment or maintenance ofany applicable air quality air standards, or (2) create a substantial health problem

. (iv) All fuel merchants are authorizl(d to sell fuel to any owner or operator granted an exemption pursuant to subsection (a)(9) above. 

### In**additio~** to the requirements ofsubsection (a)(7) above, all records shall include the sulfur content ofthe fuel.] Reserved. · · (b) Sulfuric acid plants. No person shall cause or permit sulfur [oxides] compound, expressed as sulfur dioxide, emissions which exceed 6.5 pounds per ton (3.25 kg/ metric ton) ofone hundred percent (100%) acid produced. (c) Sulfur recovery plantS. No person shall cause or permit the emission ofsulfur [oxides] compounds, expressed as sulfur dioxide, from a sulfur recovery plant to exceed 0.01 pounds (kg) per pound (kg) ofsulfur processed

.Page 5of14

(d) Nonferrous smelters. No person shall cause or permit the emission ofsulfur [oxides] compounds, expressed as sulfur dioxide, from primary non-ferrous smelters to exceed that set forth according to the

. . following equations. Copper smelters: Y 

## =0.2 X Zinc smelters: Y = 0.564 

### X[O 85] 0.85 Lead smelters: Y = 0.98 

### X[O 77] 0:77 Where X is the total sulfur fed to the smelter in lb/hr and Y is the allowable sulfur dioxide emissions in lb/hr. (e)

.Sulfite pulp mills. No person.shall cause or permit the total sulfite pulp mill emissions ofsulfur [oxides] compounds, expressed as sulfur dioxide, from blowpits, washer vents, storage tanks, digester relief, recovery system, etc., to exceed 9.0 pounds per air-dried ton (4.5 kg/metric ton) ofpulp produced. 

### (f)

. Otherprocess sources. Notwithstanding the provisions ofsection 22a-174-18(f) ofthe Regulations ofConnecticut State Agencies, process sources not covered in subsections (b) through (e) ofthis section shall not emit**~ulfur** [oxides] compounds rai expressed as sulfur dioxideDJi in the stack effluent in concentrations [which] thatexceed 500 parts per million at standard temperature and pressure. 

### Sec. 2. Section 22a-17 4-19a(c) ofthe Regulations ofConnecticut State Agencies is amended to read as follows: (c) [Sulfur dioxide emission standards and fuel S'11fur

.**Jimi~s** 

### effective on and after January 1, 2002. On and after January 1, 2002 and except as provided in subsection (f) ofthis section, the owner or operator ofan affected unit orunits shall: ( 1) Com bust liquid fuel, gaseous fuel or a combination ofeachprovided that eachfuel possess a fuel sulfur limit ofequal to or less than 0.5 

### % sulfur, by weight (dry basis);

· (2) Meet an average emission rate ofequal to or less than 0.55 pounds S02 per MMBtu for

each calendar quarter for an affected unit at the premises; or · (3)' Meet an average emissi

. on rate ofequal to or less than 0.5 pounds S02 per MMBtu calculated for each calendar quarter, ifsuch owner or operator averages the emissions from two or more affected units at the premises.] 

### Reserved.

. I
,1:

.Page 6of14



### Sec. 3. Section 22a-174-19a(d)(l) ofthe Regulations ofConnecticut State Agencies is amended to read as follows: (1) No later than the following March 1, for each calendar year, [commencing January 1, 2002,] the owner or operator ofeach affected unit that is also a Title IV source shall retire one S02 allowance, rounded up to the next whole ton, for each ton ofS02 emitted

### inthe state of Connecticut. This requirement is in addition to any other

. requirements imposed onthe owner or operator ofa Title IV source by the Administrator under 40 CFR [Parts]72 and 73. 

### Sec. 4. Section 22a-174-19a(e) ofthe Regulations ofConnecticut State Agencies is amended to read as follows: (e) Sulfur dioxide emissions standards and fuel sulfur limits [effective on and after January 1, 2003). [Notwithstanding the provisions ofsubsection 

### (b) ofthis section, this · subsection shall apply, on and after January 1, 2003, to the owner or operator ofa Title IV source that is also an affected unit or units. On and after January 1, 2003, such] The owner or operator

. I

. . . ofan affected unit

. shall: J1 ' 

## J ;:: (1) Com bust liquid fuel, gaseous fuel dr 

## acombination ofeach provided that each fuel possess a fuel sulfur limit ofequal to or less than 3000 ppm (0.3 % sulfur, by weight) [(dry basis)]; · (2) Meet an average emission rate ofequal to or less 

### than 0.33 pounds 802 per :MMBtu for each calendar quarter for an affected unit at a premises; or (3) Meet an average emission rate ofequal to or less than 0.3 pounds S02 per MMBtu calculated for each calendar quarter, ifsuch owner or operator averages the emissions from two or more affected units at a premises. 

### Sec. 5. Subsection (g)(l) ofsection 22a-174-19a ofthe Regulations ofConnecticut State · Agencies is amended to
. read as follows: · (g) Fuel emergencies. (1) The commissioner may suspend the requirements ofsubsection [ (c) or] (e) ofthis section

. for the owner or operator ofany affected unit

_ using a low-sulfur fuel. For the purposes ofthis subsection, a low-sulfur fuel is aμy solid, liquid or gaseous fuel with a sulfur content· equal to or less than [0.5% by weight, dry basis] 3.000 · ppm (0.3% by weight). Such suspension shall be macie only when the commissioner finds that the availability offuel that complies with such

· requirements is inadequate to meet the needs ofresidential, commercial and industrial users 

### in

this state and that such inadequate supply constitutes an emergency.P

. age 7of14



### Sec. 6. Section 22a-174-19a(i) ofthe Regulations of Connecticut State Agencies is amended to read as follows: · (i) Record keeping. (1) The owner or operator ofan affected unit who demonstrates compliance with this section by meeting the applicable fuel sulfur limits of [subsections (c)(l) or] subsection (e)(l) ofthis section shall make and keep records in accordance with the following: (A) 

### Iffuel with sulfur content not exceeding an applicable fuel sulfur limit is the oajy fuel purchased and combusted by an affected unit, then the owner or operator shall make and keep records that demonstrate the fuel sulfur content ofeach shipment offuel received; or (B) 

### Iffuel with sulfur content above any applicable limit is blended at the premises for combustion 

### in an affected unit orunits, the owner or operator shall make and keep daily records demonstrating that all fuel combusted at the affected unit or units meets the applicable fuel sulfur limits ofsubsection [(c)(l) or] (e)(l) ofthis section. Fuel sulfur analysis shall be conducted in accordance With the American Society for Testing and Material (ASTM) test method D4294 and automatic sampling equipment shall conform to ASTMtest method D4177-82, or a more recent version ofthe same method. (Copies ofASTM test methods [D4294 and D4177-82] referenced in this section may be obtained from the Department of Environmental Protection, Bureau ofAir Management, 79 Elm Street, 5th floor, Hartford, CT 06106-5127; (860) 424-3027). , (2) The owner or operator ofan affected unit who demonstrates compliance withthis section by meeting the average S02 emission rate limits ofsubsections [(c)(2), (c)(3),] (e)(2) or (e)(3) of this section shall make and**kee~** records in accordance with the following: (A) For affected units that are also Title IV sources, hourly 802 emission rate values determined from data measured by a CEMS in accordance with the applicable provisions of40 CPR 75; (B) For affected units that are not Title IV sources: 

### (i)

(ii) hourly S02 emission rate values determined from data measured by a CEMS 

### in accordance with the applicable provisions ofeither 40 CFR 60 or 75, or ifany affected unitdoes not have a CEMS in accordance with either 40 CFR 60 or 75, then hourly S02 emission rate values determined from data measured by a CEMS or other monitoring system; and

### Page 8of14
(C)

. For all affected units, quarterly facility 802 emission rate averages, determined by dividing total quarterly 802 emissions by total quarterly heat input values for 

### all affected units at
.the facility. (3) The owner or operator ofan affetted unit shall keep the records specified in subdivision (1) or (2) ofthis subsection at the premises for a period offive years. [Such records need not be maintained for distillate oil, motor vehicle fuel, aircraftfoel, or gaseous fuel, provided such fuels have a sulfur content below (0.3% by weight) (dry basis) and are the onlyfuels combusted at the affected unit. This exemption shall not apply when such fuels are combusted in combination with other fuels having sulfur contents above (0.3% by weight) (dry basis).] 

### Sec. 7. The Regulations ofConnecticut State Agencies are amended·by adding section 22a174-19b as follows: (NEW) 

### Section 22a-174-19b. Fuel Sulfur Content Limitations for Stationary Sources. (a) 

### Definitions. Forthe purposes ofthis section: (1) "Aviation fuel" means a refined petroleum distillate defined in ASTM D1655, Standard Specification for Aviation Turbine Fuels, or the current active version thereof. "Aviation fuel'' includes Jet A and Jet 

### A·l but does not inclUde Jet B. · (2) "Combustion" means the**~apid ~hemical**  combination ofoxygen with the combustible

·element ofa fuel resulting 

### in the production ofheat. (3) "F:uel" means distillate fuel oil, residual oil, blends ofdistillate fuel oil and biodiesel fuel, blends ofresidual oil and biodiesel fuel, aviation fuel or kerosene. (4)

. "Kerosene" means a refined petroleum distillate defined in ASTM D3699-08, Standard Specification for Kerosine, or the current active version thereof. · (5) · "Sulfur dioxide" or "802" means a gas that at standard conditiOns has the molecular form 802. 

### (b) Applicability. Except as provided in subsection (c) or (e) ofthis section, this section applies to any person who, on or after July 1, 2014, sells, supplies, offers for sale, stores, delivers or exchanges in trade in the state ofConnecticut any fuel for cpmbustion 

### in a stationary source in the state ofConnecticut and to any person**w~o,** on or after July ·1, 2014, combusts any fuel in a stationary source within the state ofConnecticut. 

### (c) Exemptions. The persons and fuel

. s identified in this subsection are exempt from regulation

.pursuant to this section. (1) The requirements ofthis section shall not apply to the fuel combustedin a mobile source.Page 9of14

. 1' 

### (2) ·This section shall not apply to any person storing fuel in the state ofConnecticut for shipment, sale and use · outside ofthe state ofConnecticut. (3)

.Fuel stored in the state ofConnecticutthat meets any applicable sulfur content limitation

. at the time it is stored 

### inthe state ofConnecticut may be stored, offered for sale, sold, delivered

or exchanged in trade for combustion in the state ofConnecticut and combusted in the state of Connecticut even ifthe sulfur content limitation applicable at the time ofstorage has been changed

.subsequentto the date ofstorage.

· (4) This section shall not applyto a person combusting fuel in fuel-burning equipment

undergoing testing as part ofa research and development operation. (5) The requirements ofthis section shall not apply to: (A) Any person.combusting fuel in a stationary source for which the fuel is subject to limitation under section 22a-174-19a ofthe Regulations ofConnecticut State Agencies; or

' \: 

### (B) Any person selling or storing fuel for sale to a person identified in subparagraph (A) ofthis subdivision. (6) 

### The requirements ofthis section shall not apply to any person who sells, supplies, offers for sale, stores for sale or combusts number two heating oil · subject to the sulfur content limitations ofsection 16a-21a ofthe Connecticut General Statutes. (7) Any fuel in equipment that is leased or rented outside ofthe state ofConnecticut for use in Connecticut may be combusted inthe state ofConnecticutregardless ofthe srilfur content, provided that all refueling ofsuch leased or rented equipment performed while in Connecticut complies with the fuel sulfur content limits ofTable 19b-1 ofthis section. 

### (d) Fuel oil sulfur content limitations. (1) No person shall store, offer for sale, sell, deliver or exchange in trade, for combustion in a stationary source inthe state ofConnecticut, fuel that contains sulfur in excess ofthe applicable limitation set forth in Table 19b-1 ofthis section, except as provided in subsection (c) or (e) of this section. (2) No person shall combust fuel in a stationary sourqe**~at** 

### contai,ns sulfur in excess ofthe applicable limitation set forth in Table 19b-1 ofthis section, except as provided in subsection (c) or (e) ofthis section. (3) Notwithstanding compliance with subdivision (1) or (2) ofthis subsection, the commissioner may, by permit or order, impose additional restrictions on any owner or operator to limit the emission ofsulfur compounds, expressed· as sulfur dioxide, from any stationary source combusting fuel ifthe commissioner determines that operation ofsuch equipmentPage 10of14



### interferes with the attainment or maintenance ofany applicable ambient air quality standard

. 

### Table 19b-1 Maximum Fuel Sulfur Content Fuel Type Effective July 1, 2014 through June 30, Effective on and after 2018 July 1, 2018 Distillate fuel oil or I '" .. , .. 

### distillate fuel oil blended i 

### with biodiesel fuel 500 ppm (0;05%) by weight 15 ppm (0

.0015%) by weight Residual oil or residual oil blended with biodiesel fuel 

# fo,ooo ppm (1

.0 %) by weight 3000 ppm (0.3%) by weight Aviation fuel combusted in a stationary source 3000 ppm (0.3%) by weight 3000 ppm (0.3%) by weight Kerosene 400 ppm (0.04%) by weiclit 15 ppm (0.0015%) by weiclit**~** 

### Fnel shortage emeFge&ey, (17

. 

### Undet conditions oft!: fttel sft;ef'tege emerg811GY, as detei:mhied by the commissioner, the COllllllissionet llldj 

### appro 9'C 

### ift Yfflti:ag the seJ.e 0f G0HlQUStioll offuel wjtb a 

### sulfur content that exceeds the 

### applicable limitftt:i:eft ia Teele 191;, 1 

### 0ftbii. i.ecti911 Any person seeking an approyal w1de1 tfris sab:5eetion shtttl**se~mit** 

### a reEf:YiSt iD 

### '.Wiling to the Bureau of A jr

### Management, Direeter efBagffieeriBg aad 

### .Enfoi.:cemeut Such request shaJJ in.elude: 

## EAt A detailed statement deseribmg the rees0a far the tu.el i.hortage and the acute natttre eftfl:e shoftage. A fu@l shoi:tage may be ofa twe for firing in a particular emissien sel::l:fee 0r gea@rally tm:ougbout the state; 

## $1

.A statement that tfte a6\:lte BatYre gfthe i.hoi:tage is the only reason for the reQ)lest: ftft&**~** 

### A signatme ofa re913eRsiele eff:.isial as described ill section 22a-l 74-2a(a) ofthe R:egtdations efCeflfteetie:at gtate Ageacielil**~** 

### The eeffiffiissie:eer**m~'** 

### approve a tecpiest under this subsection provided:**~** 

### The reqttestef has 13r0vided sllftiGiem mwunation conce;rning the fuel**shorta~e:** 

### (Bj. 

### The request states tftat the eeate :eatl:lre 0ftile shoi:tage is the sole reason for 

### thePase 11 

### et 44

(C) The 

### refl\:lest is sigaed 

### hy a Hspo:asieli oftieial; aa<J**~** 

### Approval ofthe request vt'ill aet efeate a eeBElitioa that v,iill eaase 

### in:uniaem dtm:ger to the 

### enYireftffieftt efptitilie healtih.**~** · Tiie 

### eemraissio:aer saall**ao~'** 

### the 

### .4..daiiRMrator 

### n.ot later than fore 

### days after granting a reqttest to sell 

# or eemetJst 

### fuel ht**~Eeeeds** 

### the limi.tatioos ill

### Tahle 

### 19b 1 ofthis section. (4t ffi 

### a13pr0•Ang 8B:Y 

### Fe<}llest aader this s:absectioR, the 

### commission.er shall specify, in 

### \'VIiting, the 

### period oftime Stleft S'l:IS}30B:BiOB: Beall ee 

### lfl**effee~ f>FO~GeQ** **B~R** 

### period 

### oftiwe sball not 

### exeeed 99 days. ,.**~** 

### 'The proiAsioB:s oftftis S\ieseetioa shall be pre empted 1

### ¥heu the 

### Govern.or declares that an eftefgy or fuel**su~ply** 

### emergeaey 8*ists,
(f) Compliance determinations.

· (1) Any person selling fuel subject to a sulfur content limitation set forth in Table 19b-1 shall

determine the sulfur content and quantity ofeach type offuel sold. (2) Any person selling fuel subjectto a sulfur content limitation set forth in Table 19b-1 shall provide certification ofthe sulfur content ofthe f\lel to each purchaser offuel. (3) Sulfur content shall be analyzed in accordance with American Society for Testingand Material (ASTM) test method D4294-10, 

### Standard TestMethod for Sulfur in Petroleum and Petroleum Products by 

### Energy DispersiveX-ray Fluorescence Spectrometry, or D7039-07, 

### Standard TestMethod for Sul.far in Gasoline andDiesel Fuel by

### }yfonochromatic Wavelength Dispersive X-ray Fluorescence Spectrometry, or the current active version thereof, and automatic sampling equipment shall conform to AS1Mtest methqq D4,177-95(2010), 

### StandardPractice forAutomatic Sampling of Petroleum andPetroleum Products, or the current active version thereof. (4) Any person may request the use ofa method to analyze the sulfur content offuel other thanthe method identified in subdivision (3) ofthis subsection, ifthe method is approved by a voluntary standards body such as ASTM or the International Standards Organization. Such a request shall name and describe the alternative method for which approval is sought, the

·approving organization, and shall be submitted to the commissioner and Administrator for review and approval. Such alternative method may not be the sole method used to determine the sulfur content offuel until approved by the commissioner and the Administrator.Page 12of14


### (g) Record keeping and reporting for fuel users and merchants. (1) Persons selling and combusting fuels in Connecticut subject to the requirements ofthis section shall maintain records ofinformation necessary for the commissioner to determine compliance with the requirements ofthis section

. . (2) Any person who sells fuel subjectto the requirements ofthis section

. shall maintain · records ofthe sulfur content offuels sold, the heating value ofsuch fuels andthe quantities of fuels sold. (3) Any person combusting fuel subject to the requirements ofthis section shall maintain recorqs ofthe sulfur content ofthe fuel combusted and the quantity purchased for combustion. A written certification or a written contract with a fuel supplier is sufficient to satisfy the requirements ofthis subdivision ifthe certification or contract identifies: (A) The name oftlie fuel seller;·;: (B) The type offuel purchased; (C) The sulfur content ofthe fuel purchased; and (D) The method used to determine the sulfur content of

. the fuel purchased. (4)

.All records made to demonstrate compliance withthe requirements ofthis section shall be: · (A) Made available to the commissioner to inspect and copy upon request; and ·. (B) Maintained for five (5) years from the date such record is created. 

### Sec. 8. Section 22a-174-5(a) and (b)(l) 

### ofthe Regulations ofConnecticut State Agencies is 

### amended to 

### read as follows: (a) All sampling, emission testing, and reporting shall be done 

### in accordance with procedures prescribed by or acceptable to the Commissionerunder subsection [22a-174-5(d)] (d) ofthis section ofthe Regulations ofConnecticut State Agencies or specified in another section ofthe

. Regulations ofConnecticut State Agencies adopted under chapter 446c ofthe Connecticut General Statutes. (b) Sampling and emission testing methods. (1) Analysis for the sulfur content ofliquid fuels shall be done according to the American Society for Testing**~d** Materials method D 4294, D 7039 or the most current inethods approved by the AmericanSociety for Testing and Materials for the analysis ofsulfur content ofliquid fuels.REGS-1 Rev. 09/2013 

### Page 13of14 

### Statement ofPurpose The primary purpose ofthis proposal is to reduce the sulfur content offuel oils burned in stationary sources to reduce emissions ofsulfur dioxide (802), an air pollutant and a contributor to the formation ofthe pollutant fine particulate matter (PM2.5). The reduction in 802 emissions is important to reduce visi}?ility-impairing emissions that contribute to regional haze and protect the public health from the adverse health impacts of802 and PM2.5 pollution. Connecticut is a member ofa regional planning organization, the Mid-Atlantic/Northeast Visibility Union (MANEVU), which coordinates regional haze planning efforts to comply with section 169A ofthe federal Clean 

### Air Act. In 2007, re· cognizing that 802 is the main contributor to visibility impairment, the MANEVU states agreed to pursue fUel**~ulfur** content limitations for distillate and residual fuel oils. · · :· The significant new elements ofthis proposal are those ofnew section 22a-174-19b ofthe Regulations ofConnecticut State Agencies (RCSA), which include fuel sulfur content restrictions for distillate, residual, kerosene and aviation fuels used in all non-mobile equipment such 

### a8 boilers, turbines and engines. These new fuel sulfur content restrictions are inuch more stringent than those ofcurrent RCSA section 22a-174-19. RCSA section 22a-174-19 is a regulation ofgeneral applicability that currently includes fuel sulfur content restrictions higher thari those proposed in RCSA section 22a-17 4-l9b. The less stringent fuel sulfur content restrictions ofRCSA section 22a-174-19 are eliminated in this proposal. RCSA section 22a-174- 19aincludes provisions to limit 802 emissions from large electric generating units and industrial boilers, and those requirements are not changed by this proposal. RCSA section 22a-174-5(a) includes clarifying language and RCSA section 22a-174-5(b )(1) adds an · allowable test method. The more stringent fuel sulfur content limitations will mainly impact fuel suppliers, who will needto obtain compliant fuels, maintain records ofthe sulfur content offuel sold and provide a certification to purchasers concerning the sulfur content offuel. The proposal recognizes that Connecticut General Statutes (CGS) se. ction 22a-198 regulates the sulfur content offuel used in large electric generating units and iii.dvstrial boilers, and the regulation does not revise the sulfur content limitations for those sources. The proposal also recognizes the authority ofCGS section 16a-2la, as ameD;ded by the Connecticut General Assembly 

### in the 2013 legislative session, to limit the sulfur content ofhome heating oil and off-road diesel fuel. The fuels regulated by CGS section16a-21a are exempt from regulation under the proposal. However, under CGS section 16a-21a, the sulfur content ofhome heating oil is subject to the same sulfur contentlimitations as distillate fuel oil in new RCSA section 22a-174-19b, and the standards apply on the same schedule.

" • • .1 •

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### "REGS-1 Rev. 09/2013 Page 14of14 CERTIFICATION I hereby certify that the above Regulation(s).

) is/are (check all that apply)**~** adopted**~** arneni;led 

## D repealed by this agency pursuant to the following authority (ies): (complete all that apply)

. 1; . '. ' a
. Connecticut General Statutes sectlon(s) 22a-174. 22a-198

. b

. Public Act Number(s)

__ . And I further certify 2) that Notice of Intentto adopt, amend, or repeal said regulation(s) was electronically submitted to**th~** Secretary 

### of the State on 8/20/13, and posted to the Secretary's regulations website on 8/21/13: 3) and that a public hearing regarding the proposed regulation(s) was held on 10/9/13 or 

# D that no public hearing was held ; 4) and that notice of Decision to Take Action on said regulations was electronically submitted to

## t~e Secretary ofthe State on

## j2/;.4/Z:~9 posted to the Secretary's regulations website on**tz/.i_~;** 

### . . ' I 5) and that said regulation(s) is/are EFFECTIVE**~** When posted on line by the Secretary ofthe State. OR 

# 0 on (Insert data)

__ . 6) SIGNED (Head ofBoard, Agency or Commission) OFFICIAL TITLE, DULY AUTHORIZED 

## De.yv.\;**Co'"'~; ss,·..,~**  DATE

alsufficiency in accordance with CGS Section 4-169, as amended DATE

,., I
-**•Id·~** OFFICIAL TITLE, DULY AUTHORIZED 

### Jtr;soG

_ 

# A- G-. Proposed regulations are DEEMED**APP~9v,** D by the Attorney General n accordance with CGS Section 4-169, as amended, ifthe Attorney General fails to give notice to the agency ofany

### 1J,ga1 nsufficiancy within thirty (30) days ofthe receipt ofthe proposedregulation.

(For Regulation Review <;ommittee**~NL** Y) ...-./ APPROVED 

## D in WHOLE orWITH

.L:j' technical corrections l_Y"deletions 

## D substitute pages 

## D DEEMED APPROVED, pursuant to CGS 4-170(c), as amended. 

# D Rejected without Prejudice 

## D Disapproved, pursuant to CGS 4-170(c), as amend By the Legislative Regulation Review DATE Committee in accordance with CGS Section 4-170, as amended 

### VV\OJ"c.h 

# -;).s-; d. ol 

### l'(
In accordance with CGS Section 4-172, as amended by PA 13-247 and PA 13-274, one c wfth a ency head certification statement received on the date s s ecifled below. DATE SIGNED (SecretaryoftheState) BY

(ForSecretary ofthe State Use ONLY) Date Posted to SOTS Regulations Website:

Date Electronic Copy Forwarded to the Commission on Officfal Legal Publications: $0TS file stamp:

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