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 . a Revision to the Connecticut State Implementation Plan 

Dear Mr. Conroy, 

On April 22, 2014, the Connecticut Department of Energy and Environmental Protection (DEEP) 

submitted a revision to the State Implementation Plan (SIP) concerning fuel sulfur content 

limitations for stationary sources.' The revision included new section 22a-17 4-19b of the 

Regulations of Connecticut 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 of a fuel shortage emergency, as 

. determined by the commissioner, the commissioner may approve in writing the sale or 

combustion of fuel with a sulfur content that exceeds the applicable limitation. No other element 

of the April 22, 2014 submission is changed by this letter. ,Attachment A to this letter is a copy 

of the regulatory action that includes the adoption ofRCSA section 22a-174-19b. Subsection (e) 

of RCSA section 22a-17 4-19b is in strikeout font. This version of the regulatory action may 

replace Attachment A of the April 22, 2014 SIP submission. 

If you have any questions, please contact Merrily Gere of my staff at (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 of Air Management 
Attachment A 

This attachment is the same asAtta9~ent .A of the 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 of Section 22a•l 74-19 of the 

Regulations of Connecticut State Agencies (RCSA) 

Control of Sulfur Compound Emissions 

Amendment of Section 22a-174-19a of the RCSA 

Control of Sulfur Dioxide Emissions from Power Plants and Other Large 

Stationary Sources of Air Pollution 

Amendment of Sections 22a'." 17 4-5( a) and 22a-17 4-S(b )(1) of the RCSA 

Methods for sampling, emission testing, sample analysis and reporting 

Adoption of Section 22a-174-19b of the RCSA 

Sulfur Content Limitations for Stationary Sources 

Section 1. Section 22a-174-19 of the Regulations of Connecticut 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 of a fuel. 

"Combustion'' means the rapid chemical combination of oxygen with the combustible element of 

a fuel resulting in the production of heat. 

"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, or provides in retail 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 of creating 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 of the fuel burning equipment. 

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

"Premise" means the grouping of all air pollutant emitting activities or sources at any one 

location and owned or under the control of the same person or persons. 

. "Stack" or "chimney" means a flue, conduit or opening permitting particulate 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 of sulfur and oxygen which for the 

purpose of this 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 or burn fuel which contains sulfur in excess of a maximum of one percent (1 .0%) by 

weight (dry basis). Additionally, no fuel user shall cause or permit the installation or 

operation of any fuel burning equipment with a heat input of 250,000 BTIJ per hour or 

more which uses fuel containing any solid fuel without first obtaining the 

·Commissioner's approval by the issuance of a stationary source operating pennit for this 

purpose, unless the fuel user demonstrates to the Commissioner's satisfaction that the 

emissions of sulfur compounds (expressed as sulfur dioxide) from such equipment are 1.1 

pounds per million BTU of heat input or less. 

(ii) Under conditions of fuel shortage emergency, as determined by the Commissioner, 

higher percentages of sulfuf may be permitted by express approval of the Commissioner 

for temporary periods. . . ! ;11 

(a)(3) Use of fuel containing other than one percent (1 %) sulfur. 

(a)(3)(ii) Air pollution control/energy trade program. Notwithstanding the provisions of 

subsection (a)(2), the Commissioner may approve: (i) combustion of a mixture of fuels, or (ii) 

combustion of a single fuel, which contain(s) more than one percent (1.0 percent) sulfur by 

weight (dry basis) provided that: 

(A) The emissions of sulfur compounds (expressed as sulfur dioxide) from a given 

premise do-hot exceed 0.55 pounds per million BTU of gross heat input; 

(B) The owner or operator of the premise applies for and obtains, prior to the burning 

of such fuel, a stationary source operating permit for this purpose; and 

(C) The emissions do not prevent or interfere with either the attainment or 

maintenance of any applicable air quality standard. 

(a)(3)(ii) Emission limitation. Notwithstanding the provisions of subdivision (a)(2) the 

Commissioner may approve the combustion of a single fuel or a mixture of fuels which 
Page 3of14 

contain(s) more than one percent (1 %) sulfur by weight (dry basis) for any fuel burning 

equipment provided that the emissions of sulfur compounds (expressed as sulfur dioxide) from 

such equipment do not exceed 1.1 pounds per million BTU of heat input. 

(a)(3)(iii) Ambient impact. Notwithstanding the provisions of subdivision (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 of heat input for any source which interferes . . 

with the attainment or maintenance of any 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 of one percent (1.0%) ~ulfur by weight (dry 

basis). 

(a)(4)(ii) In other than conditions of fuel 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 of the maximums set by 

subsection (a)(2) under the conditions specified in subsection (a)(3) shall obtain the prior 

approval of the 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-17 4-3; 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 of any other action taken by the Commissioner. 

The Commissioner may take such action under this subparagraph without requiring any 

notice or hearing. 

(a)(5) The Commissioner may require submission qffuel analyses, results of stack sampling, or 

both, prepared at the expense of the merchant or user, to ensure compliance with the 

provisions of subsections (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 of sales 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 of the 

following fuels.which have sulfur contents below two-tenths of one percent (0.2%) by 

weight (dry basis): distillate oil, motor vehicle fuel, aircraft fuel, or gaseous fuel. 

(a)(7) The provisions of subsection (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 of any 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 of subsections (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 of any 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 of one and one-half percent 

(1.5%) by weight (dry basis). · 

(ii) As a prerequisite for exemption under the provisions of subsections (a)(9)(i), owners shall 

notify the Commissioner prior to commencement of said operation. 

(iii) The Commissioner may revoke or modify an exemption under subsection (a)(9) ifhe 

determines that operation of the source will (1) prevent or interfere with the· attainment or 

maintenance of any 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 of subsection (a)(7) above, 

all records shall include the sulfur content of the 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) of one hundred percent (100%) 

acid produced. 

( c) Sulfur recovery plantS. 

No person shall cause or permit the emission of sulfur [oxides] compounds, expressed as sulfur 

dioxide, from a sulfur recovery plant to exceed 0.01 pounds (kg) per pound (kg) of sulfur 

processed. 
Page 5of14 

(d) Nonferrous smelters. 

No person shall cause or permit the emission of sulfur [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 of sulfur [oxides] 

compounds, expressed as sulfur dioxide, from blow pits, washer vents, storage tanks, digester 

relief, recovery system, etc., to exceed 9.0 pounds per air-dried ton (4.5 kg/metric ton) of pulp 

produced. 

(f) . Other process sources. 

Notwithstanding the provisions of section 22a-174-18(f) of the Regulations of Connecticut State 

Agencies, process sources not covered in subsections (b) through ( e) of this section shall not emit 

~ulfur [oxides] compounds rai expressed as sulfur dioxideDJi in the stack effluent in 

concentrations [which] that exceed 500 parts per million at standard temperature and pressure. 

Sec. 2. Section 22a-17 4-19a( c) of the Regulations of Connecticut 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) of this 

section, the owner or operator of an affected unit or units shall: 

( 1) Com bust liquid fuel, gaseous fuel or a combination of each provided that each fuel 

possess a fuel sulfur limit of equal to or less than 0.5 % sulfur, by weight (dry basis); 

· (2) Meet an average emission rate of equal 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 of equal to or less than 0.5 pounds S02 per MMBtu 

calculated for each calendar quarter, if such 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) of the Regulations of Connecticut 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 of each affected unit that is also a Title IV source shall retire one 

S02 allowance, rounded up to the next whole ton, for each ton of S02 emitted in the state of 

Connecticut. This requirement is in addition to any other.requirements imposed on the owner or 

operator of a Title IV source by the Administrator under 40 CFR [Parts]72 and 73. 

Sec. 4. Section 22a-174-19a(e) of the Regulations of Connecticut 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 of subsection (b) of this section, this · 

subsection shall apply, on and after January 1, 2003, to the owner or operator of a Title IV source 

that is also an affected unit or units. On and after January 1, 2003, such] The owner or operator . I . . . 

of an affected unit .shall: J 1 ' 

J ;:: 

( 1) Com bust liquid fuel, gaseous fuel dr a combination of each provided that each fuel 

possess a fuel sulfur limit of equal to or less than 3000 ppm (0.3 % sulfur, by weight) [(dry 

basis)]; · 

(2) Meet an average emission rate of equal 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 of equal to or less than 0.3 pounds S02 per MMBtu 

calculated for each calendar quarter, if such owner or operator averages the emissions from two 

or more affected units at a premises. 

Sec. 5. Subsection (g)(l) of section 22a-174-19a of the Regulations of Connecticut State · 

Agencies is amended to .read as follows: · 

(g) Fuel emergencies. 

( 1) The commissioner may suspend the requirements of subsection [ ( c) or] ( e) of this section 

. for the owner or operator of any affected unit _using a low-sulfur fuel. For the purposes of this 

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 of fuel that complies with such 

· requirements is inadequate to meet the needs of residential, commercial and industrial users in 

this state and that such inadequate supply constitutes an emergency. 
P.age 7of14 

Sec. 6. Section 22a-17 4-19a(i) of the Regulations of Connecticut State Agencies is amended 

to read as follows: · 

(i) Record keeping. 

(1) The owner or operator of an affected unit who demonstrates compliance with this section 

by meeting the applicable fuel sulfur limits of [subsections (c)(l) or] subsection (e)(l) of this 

section shall make and keep records in accordance with the following: 

(A) If fuel 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 of each 

shipment of fuel received; or 

(B) If fuel with sulfur content above any applicable limit is blended at the premises 

for combustion in an affected unit or units, 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 of subsection [(c)(l) or] (e)(l) of this 

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 ASTM test method D4177-82, or a more 

recent version of the same method. (Copies of ASTM test methods [D4294 and 

D4177-82] referenced in this section may be obtained from the Department of 

Environmental Protection, Bureau of Air Management, 79 Elm Street, 5th floor, 

Hartford, CT 06106-5127; (860) 424-3027). , 

(2) The owner or operator of an affected unit who demonstrates compliance with this section 

by meeting the average S02 emission rate limits of subsections [(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 of 40 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 of either 40 CFR 60 

or 75, or 

if any affected unit does 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 of an affetted unit shall keep the records specified in subdivision 

(1) or (2) of this subsection at the premises for a period of five years. [Such records need not be 

maintained for distillate oil, motor vehicle fuel, aircraft foel, or gaseous fuel, provided such fuels 

have a sulfur content below (0.3% by weight) (dry basis) and are the only fuels 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 of Connecticut 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. For the purposes of this 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 of oxygen with the combustible 

·element of a fuel resulting in the production of heat. 

(3) "F:uel" means distillate fuel oil, residual oil, blends of distillate 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) of this 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 of Connecticut any fuel for cpmbustion in a stationary source in 

the state of Connecticut and to any person w~o, on or after July ·1, 2014, combusts any fuel in a 

stationary source within the state of Connecticut. 

(c) Exemptions. The persons and fuel.s identified in this subsection are exempt from 

regulation. pursuant to this section. 

(1) The requirements of this 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 of Connecticut for 

shipment, sale and use· outside of the state of Connecticut. 

(3) . Fuel stored in the state of Connecticut that meets any applicable sulfur content limitation 

. at the time it is stored in the state of Connecticut may be stored, offered for sale, sold, delivered 

or exchanged in trade for combustion in the state of Connecticut and combusted in the state of 

Connecticut even if the sulfur content limitation applicable at the time of storage has been 

changed.subsequentto the date ofstorage. 

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

undergoing testing as part of a research and development operation. 

(5) The requirements of this 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 of the Regulations of Connecticut State 

Agencies; or 

' \: 

(B) Any person selling or storing fuel for sale to a person identified in subparagraph 

(A) of this subdivision. 

( 6) The requirements of this 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 of section 16a-21a of the Connecticut General Statutes. 

(7) Any fuel in equipment that is leased or rented outside of the state of Connecticut for use 

in Connecticut may be combusted in the state of Connecticut regardless of the srilfur content, 

provided that all refueling of such leased or rented equipment performed while in Connecticut 

complies with the fuel sulfur content limits of Table 19b-1 of this 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 in the state of Connecticut, fuel that contains sulfur in excess of the applicable 

limitation set forth in Table 19b-1 of this 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 of the 

applicable limitation set forth in Table 19b-1 of this section, except as provided in subsection (c) 

or (e) of this section. 

(3) Notwithstanding compliance with subdivision (1) or (2) of this subsection, the 

commissioner may, by permit or order, impose additional restrictions on any owner or operator 

to limit the emission of sulfur compounds, expressed· as sulfur dioxide, from any stationary 

source combusting fuel if the commissioner determines that operation of such equipment 
Page 10of14 

interferes with the attainment or maintenance of any 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 of fuel 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 ef BagffieeriBg 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 gf the i.hoi:tage is the only reason for the reQ)lest: 

ftft& 

~ A signatme of a re913eRsiele eff:.isial as described ill section 22a-l 74-2a(a) of the 

R:egtdations ef Ceflfteetie: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 0f tile shoi:tage is the sole reason for the 
Pase 11 et 44 

(C) The refl\:lest is sigaed hy a Hspo:asieli oftieial; aa<J 

~ Approval of the request vt'ill aet efeate a eeBElitioa that v,iill eaase in:uniaem 

dtm:ger to the enYireftffieftt ef ptitilie 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 of this section. 

(4t ffi a13pr0•Ang 8B:Y Fe<}llest aader this s:absectioR, the commission.er shall specify, in 

\'VIiting, the period of time 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 of each type of fuel sold. 

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

provide certification of the sulfur content of the f\lel to each purchaser of fuel. 

(3) Sulfur content shall be analyzed in accordance with American Society for Testing and 

Material (ASTM) test method D4294-10, Standard Test Method for Sulfur in Petroleum and 

Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry, or D7039-07, 

Standard Test Method for Sul.far in Gasoline and Diesel Fuel by }yfonochromatic Wavelength 

Dispersive X-ray Fluorescence Spectrometry, or the current active version thereof, and automatic 

sampling equipment shall conform to AS1M test methqq D4,177-95(2010), Standard Practice 

for Automatic Sampling of Petroleum and Petroleum Products, or the current active version 

thereof. 

( 4) Any person may request the use of a method to analyze the sulfur content of fuel other 

than the method identified in subdivision (3) of this subsection, if the 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 of fuel 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 of this 

section shall maintain records of information necessary for the commissioner to determine 

compliance with the requirements of this section .. 

(2) Any person who sells fuel subject to the requirements of this section .shall maintain· 

records of the sulfur content of fuels sold, the heating value of such fuels and the quantities of 

fuels sold. 

(3) Any person combusting fuel subject to the requirements of this section shall maintain 

recorqs of the sulfur content of the 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 of this subdivision ifthe certification or contract identifies: 

(A) The name of tlie fuel seller;·;: 

(B) The type of fuel purchased; 

(C) The sulfur content of the fuel purchased; and 

(D) The method used to determine the sulfur content of.the fuel purchased. 

(4) .All records made to demonstrate compliance with the requirements of this 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) of the Regulations of Connecticut 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 Commissioner under subsection [22a-174-5(d)] (d) of this 

section of the Regulations of Connecticut State Agencies or specified in another section of the . 

Regulations of Connecticut State Agencies adopted under chapter 446c of the Connecticut 

General Statutes. 

(b) Sampling and emission testing methods. 

(1) Analysis for the sulfur content of liquid 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 American Society for Testing and Materials for the analysis of sulfur content of liquid 

fuels. 
REGS-1 Rev. 09/2013 Page 13of14 

Statement of Purpose 

The primary purpose of this proposal is to reduce the sulfur content of fuel oils burned in stationary sources to 

reduce emissions of sulfur dioxide (802), an air pollutant and a contributor to the formation of the 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 of 802 

and PM2.5 pollution. 

Connecticut is a member of a regional planning organization, the Mid-Atlantic/Northeast 

Visibility Union (MANEVU), which coordinates regional haze planning efforts to comply with 

section 169A of the 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 of this proposal are those of new section 22a-17 4-19b of the 

Regulations of Connecticut 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 of current RCSA section 22a-17 4-19. RCSA section 22a-17 4-19 is a 

regulation of general applicability that currently includes fuel sulfur content restrictions higher 

thari those proposed in RCSA section 22a-17 4-l 9b. The less stringent fuel sulfur content 

restrictions of RCSA section 22a-17 4-19 are eliminated in this proposal. RCSA section 22a-174-

19a includes 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 

need to obtain compliant fuels, maintain records of the sulfur content of fuel sold and provide a 

certification to purchasers concerning the sulfur content of fuel. 

The proposal recognizes that Connecticut General Statutes (CGS) se.ction 22a-198 regulates the 

sulfur content of fuel 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 of CGS section 16a-2 la, as ameD;ded by the Connecticut General 

Assembly in the 2013 legislative session, to limit the sulfur content of home 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 of home heating oil is subject to the same sulfur content limitations as 

distillate fuel oil in new RCSA section 22a-17 4-19b, and the standards apply on the same schedule. 

• • . " 1 • 

I' " 
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-17 4. 22a-198. 

b. Public Act Number(s) __ . 

And I further certify 

2) that Notice of Intent to 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 of the 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 of the State. 

OR 0 on (Insert data) __ . 

6) SIGNED (Head of Board, Agency or Commission) OFFICIAL TITLE, DULY AUTHORIZED 

De.yv.\; Co'"'~; ss,·..,~ 

DATE 

al sufficiency 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, if the Attorney General 

fails to give notice to the agency of any 1J,ga1 nsufficiancy within thirty (30) days of the receipt of the proposed regulation. 

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

APPROVED D in WHOLE or WITH. 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 

(For Secretary of the State Use ONLY) 

Date Posted to SOTS Regulations Website: 

Date Electronic Copy Forwarded to the 

Commission on Officfal Legal Publications: 

$0TS file stamp: 

' ..