# Attachment 2 Text of Proposed Amendments: R .C.-S .A

. Sections 22a-174-4 and 22a-174-7DRAFT 05/10/02

Section 22a-174-4 of the Regulations of Connecticut State Agencies is amended to read as follows: Sec

. 22a-174-4

. ["]Source["] monitoring, record keeping[,] ANDreporting [and authorization of inspection of "air pollution" "sources."] 

### (a) ["Source" Monitoring

. ] DEFINITIONS

. FOR THE PURPOSES OF THIS SECTION_ [(a)(1) The owner or "operator" of any "air pollution" "source" shall install, use, and maintain monitoring equipment, establish and maintain records, and make periodic reports as prescribed herein by the ''Commissioner ." (a)(2) In addition to the requirements of subsection (b) and (c), the "commissioner" may require the owner or "operator" of any "source" to monitor continuously "air pollutant" "emissions" where he determines that equipment and methods for such monitoring are reasonably available

. The "Commissioner" may determine that continous monitoring of "air pollutant" "emissions" is not technologically feasible

. In such cases, the "Commissioner" may require monitoring or intermittent "stack" testing of such "source" in whatever reasonable manner he determines to be necessary to demonstrate the "source" is in compliance with applicable regulations

. (a)(3) Nothing in subsections (a)(1) and (a)(2) shall be construed to require installation or use of monitoring devices or methods on any "source" for the purpose of determining compliance with applicable regulations when such "source" can be demonstrated, to the satisfaction of the "commissioner," to be physically incapable ofviolating such regulations.]
"CALENDAR QUARTER" MEANS A CONSECUTIVE THREE (3) MONTH PERIOD (NONOVERLAPPING) BEGINNING ONJANUARY l, APRIL 1, JULY 1 OR OCTOBER 1

. 

### (2) "COAL BURNING EQUIPMENT" MEANS FUEL-BURNING EQUIPMENT THAT COMBUSTS COAL

. (3) "GASEOUS, LIQUID OR SOLID FUEL BURNING EQUIPMENT" MEANS FUELBURNING EQUIPMENT THAT COMBUSTS CiASEUUS, LIQUID OR SOLID FUELS

. 

### (4) "STANDBY FUEL BURNING EQUIPMENT" MEANS FUEL-BURNING EQUIPMENT THAT IS USED ONLY TOPROVIDE BACKUP HEAT OR POWER

. (b) [Smoke and "Opacity" Monitoring.] OPACITY CONTINUOUS EMISSIONS MONITORING (C

. [(b)](1) [Effective on January 1, 1976] EXCEPT AS PROVIDED IN SUBDIVISIONS (2)

.. AND (3) OF THIS SUBSECTION, the owner or ["]operator["] of [any ofJ the [following "]sources["] LISTED IN SUBPARAGRAPHS (A) THROUGH(D) OF THIS SUBDIVISIONshall install[, maintain and operate a smoke and "opacity"

## DRAFT 05/10/02 2

monitor approved] OPACITY CEM EQUIPMENT

. THE OWNER OR OPERATOR SHALL OPERATE AND MAINTAIN INSTALLED OPACITY CEM EQUIPMENT in accordance with [subsection (d)(1)] SUBDIVISIONS (c)(3) THROUGH (c)(6) OF THIS SECTIONAND RETAINTHE DATA GENERATED INACCORDANCE WITH SUBSECTION (d) OF THIS SECTION : [(i)]
[(ii)] ~B 

### ["Fuel-burning equipment" burning coal] ANY COAL BURNING

EQUIPMENT; ["Fuel-burning equipment" burning liquid or solid fuels having a maximum rated heat input of] ANY GASEOUS, LIQUID OR SOLID FUEL BURNING EQUIPMENT WITHA MAXIMUM RATEDHEAT INPUT GREATERTHAN OR EQUAL TOtwo hundred fifty million [(250,000,000) "BTU"] BTUper hour (250,000,000 BTU/HR) [or more] ; f(iii)] (C) ["Incinerators"] ANY INCINERATORWITH [having] a maximum rated input in excess of twb thousand [(2,000)] pounds per hour (2,000 LBS/HR) ; AND [(iv)] ,~D [A "process source" that will emit in excess of] ANY PROCESS SOURCE

WITH PARTICULATE MATTEREMISSIONS EXCEEDINGtwenty-five [(25)] pounds per hour (25 LBS[HM [of "particulate matter" as determined after the application of control equipment, ] when operated at ["]maximum rated capacity[ ."] IN COMBINATIONWITH POLLUTION CONTROL EQUIPMENT

. [(b)](2) The provisions of [subsection (b)(1)(i)] SUBPARAGRAPH (1)(A) OF THIS

SUBSECTION, CONCERNING COAL BURNING EQUIPMENT ., shall not apply to: (A) Any [coal burning space heater which was] SPACE HEATERinstalled in any single family home on or before May 1, 1975, provided THAT SUCH SPACE HEATER DOES NOT COMBUST [only anthracite] coal with a sulfur content [of less than] GREATERTHAN OR EQUALTOTHREEQUARTERS OF ONE PERCENT (0.75%) by weight (dry basis) [is used for fuel .] ; [(ii)] Any coal burning equipment in a commercial establishment in regular operation on or before May 1, 19751 provided THAT SUCH COAL BURNING EQUIPMENT DOES NOT COMBUST [only anthracite] coal with a sulfur content [of less than] GREATERTHAN OR EQUAL TO THREE-QUARTERS OF ONE PERCENT (0.75%) by weight (dry basis) [is used for fuel] and COAL CONSUMPTION IS less than seventy-five (75) tons per year [ is consumed.] ; ANDDRAFT 05/10/02



### [(b)](3) (C) [(iii)] Any coal burning equipment used primarily for educational or

historical demonstrations or exhibits[ .]1 PROVIDEDTHAT SUCH COAL BURNING EQUIPMENT DOES NOT COMBUST COAL WITHA SULFUR CONTENT EXCEEDING ONE ANDONE-HALF PERCENT (1 .5%) BY WEIGHT (DRY BASIS)

. SUCH COAL BURNING EQUIPMENT [These "sources" shall include] INCLUDES, but [are] IS not limited to, blacksmiths' forges, steamlocomotives, and steamboats [provided, however, that said "sources" do not burn fuel which contains sulfur in excess of one and one-half percent (1 .5%) by weight (dry basis)]

. The provisions of [subsections (b)(1)(ii) and (b)(1)(v)] SUBPARAGRAPH (1)(B) OF THIS SUBSECTION, CONCERNING GASEOUS, LIQUID OR SOLID FUEL BURNINGEQUIPMENT-, shall not apply to: (A) [(i)] ["Standby fuel burning equipment" which is used only to provide emergency heat or power and which operates not more than a total of] ANY STANDBY FUEL BURNING EQUIPMENT OPERATING LESS THAN one hundred sixty-eight (168) hours in [any] Acalendar year: [

. The "Commissioner" may request such proof and reports of operations as he deems necessary.] FORTHE PURPOSE OF THTS SUBPARAGRAPH, THE TERM

"OPERATING" SHALL NOT INCLUDE EMISSIONS TESTINGOR OPERATING ONLY TO MAINTAINRELIABILITY IN EMERGENCY SITUATIONS; AND
B~ [(ii) Gas turbines] TURBINES COMBUSTING NATURAL GAS, LIQUID FUEL ORA MIXTURE OF LIQUID FUEL ANDNATURAL GAS [equipped with any smoke control apparatus which, in the "Commissioner's" judgment, is adequate to prevent visible discharge of an "opacity" greater than that designated as no
. 1 on the "Ringelmann chart," or 20%"opacity."] THAT COMPLY WITHTHE APPLICABLE PARTICULATE MATTER ANDOPACITY LIMITATIONS SET FORTHIN SECTION22a-174-18 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES WITHOUT UTILIZING POLLUTIONCONTROL EQUIPMENT

. [(b)(4) The owner or " operator" of any "source" listed in subsection (b)(1) who on or before September 1, 1974 has installed and continues to properly operate a smoke and "opacity" detector and recorder not approved by the "commissioner" shall not be required to install a smoke and "opacity" monitor approved by the "commissioner" until January 1, 1985

. The "Comrnissioner" may request such proofof date of purchase as he deems necessary.]

. THE COMMISSIONER MAY, IN WRITING, REQUEST WRITTEN DOCUMENTATION FROM THE OWNEROR OPERATOR OF EQUIPMENT LISTED IN SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION TO ASCERTAINTHE APPLICABILITY OF SUBDIVISIONS (2) OR (3) OF THISDRAFT 05/10/02 4



### ) [(b)](5) The ["]commissioner["] may [revoke or "modify" an exemption under subsections

(a)(3), (b)(2)(ii) and (iii), (b)(3) and (b)(4) if it is determined that repeated violations of subsection 22a-174-18(a) or violations of any specific applicable conditions in these exemptions have occurred or if it is determined that operation of the "source" will prevent or interfere with the "attainment" or maintenance of applicable "ambient air quality standards," create a health hazard or create a nuisance.] GIVE NOTICE TOAN OWNER OR OPERATOR OF ASOURCE WITHANAPPROVAL UNDERSUBSECTION (e) OF THIS SECTIONTHAT INSTALLATION, OPERATIONAND MAINTENANCE OF CEM EQUIPMENT OR SUCH OTHER MONITORING OR INTERMITTENT STACKTESTINGAS ALLOWED BY THIS SECTIONIS REQUIRED IF THE COMMISSIONER FINDS: 

### (A) REPEATED NONCOMPLIANCE WITHSECTION 22a-174-18 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES HAS OCCURRED ; SUBSECTION

. ANOWNER OR OPERATOR SHALL DELIVER SUCH DOCUMENTATIONTOTHE COMMISSIONER WITHIN FOURTEEN (14) DAYS OF RECEIPT OF SUCHAWRITTEN REQUEST_

NONCOMPLIANCE WITHTHE REQUIREMENTS, LIMITATIONS OR RESTRICTIONS SET FORTH IN SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION HAS OCCURRED; 

### (C) OPERATION OF THE SUBJECT SOURCE HAS INTERFERED WITH OR IS LIKELY TOINTERFERE WITH THE ATTAINMENT- OR MAINTENANCE OF AMBIENT AIR QUALITY STANDARDS, CREATE AHEALTH HAZARD OR CREATE ANUISANCE; (D) MONITORING EQUIPMENT IS NEEDED TODETERMINE COMPLIANCE WITH CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATED THEREUNDER ; OR (E) THE SOURCE HAS BEENALTERED OR THE OPERATIONS OF THE SOURCE HAVE CHANGED SUCHTHAT SUBSECTION (e) IS NO LONGER APPLICABLE

. (6) THE NOTICE PROVIDED FORINSUBDIVISION (5) OF THIS SUBSECTION SHALL BE IN THE FORM

OF APERMIT OR ORDERANDSHALL SPECIFY REQUIREMENTS FOR INSTALLATION ANDOPERATIONOR OTHER MONITORING INCLUDINGA DAY BY WHICH SUCH INSTALLATION AND OPERATIONOR OTHER MONITORING IS TO COMMENCE

. (7) AN OWNER OR OPERATOR THAT CLAIMS SUBDIVISION (b)(1) IS NOT APPLICABLE BY VIRTUE OF COMPLIANCE WITH SUBDIVISIONS (b)(2) OR (b)(3)DRAFT 05/1 0/02 5


### SHALL, UPON NOTICE FROM THE COMMISSIONER, INSTALL, OPERATE AND MAINTAIN CEM

EQUIPMENT OR CONDUCT OTHER MONITORING OR INTERMITTENT STACK TESTINGAS ALLOWED BY THIS SECTION, AND COMPLY WITH SUBSECTIONS (c) AND (d) OF THIS SECTION, IF THE COMMISSIONER FINDS: (A) REPEATED NONCOMPLIANCE WITHSECTION 22a-174-18 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES HAS OCCURRED

; (B) NONCOMPLIANCE WITHTHE REQUIREMENTS, LIMITATIONS OR RESTRICTIONS SET FORTH IN SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION HAS OCCURRED ; (C) OPERATION OF THE SUBJECT SOURCE HAS INTERFERED WITH OR IS LIKELY TO INTERFERE WITHTHE ATTAINMENT OR MAINTENANCE OF AMBIENT AIR QUALITY STANDARDS, CREATE A HEALTH HAZARD OR CREATE ANUISANCE; OR (D) MONITORING EQUIPMENT IS NEEDED TODETERMINE COMPLIANCE WITHCHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES ANDREGULATIONS PROMULGATED THEREUNDER

. (8) THE NOTICE PROVIDED FORIN SUBDIVISION (b)(7) OF THIS SECTION SHALL BE INTHE FORM

OF A PERMIT OR ORDERAND SHALL SPECIFY REQUIREMENTS FOR INSTALLATIONAND OPERATION OR OTHER MONITORING INCLUDINGA DAY BY WHICHSUCH INSTALLATION AND OPERATION OR OTHERMONITORINGIS TO COMMENCE

. [(c) Record Keeping and Reporting

. (c)(1) The "Commissioner" may require the submission of any records or reports of monitoring data and other information as he deems necessary io fuinli 'uue pulpUse aridpoll-cics contained in these regulations

. Such record keeping and reporting may be required of any "point source" or any "indirect source" of "air pollution." Records and reports required by the "Commissioner" concerning "air pollutants," fuels, and operational information shall be recorded, compiled, and submitted on forms furnished or prescribed by the "Commissioner ." And shall be signed or verified in writing by a ranking corporate officer or managing official with offices located in the state

. Such signature shall constitute personal affuTuation that such officer has exercised due diligence in verifying the accuracy of the record or report .and that, to the best ofhis knowledge and belief, the record or report is true complete, and complies fully with ap~licable state requirements

. Such signature shall subject the responsible official to liability for false or misleading statements

.

### DRAFT 05/10/02 6

(c)(2) Any monitoring data required of any "source" under subsection (a) or (b) of this section shall be kept current and in a form allowing easy inspection and shall be retained by the "source" for a period ofthree years
. (c)(3) The owner or "operator" of any "source" described in subsection (b)(1) with the exception of "fuel burning equipment" having a maximum gross heat input capacity of less than two hundred fifty million (250,000,000) "BTUs" per hour, shall submit to the "Commissioner" on forms furnished or prescribed by hima report summarizing "opacity" monitoring data for

. the preceding three months

. Such reports shall be due not later than thirty (30) days following the end of each calendar quarter

. ' (d) Approved Monitors (d)(1) The "Commissioner" shall, fromtime to time, publish the design, performance, and installation specifications for an approvable smoke and "opacity" monitor

. No smoke and "opacity" monitor shall be considered approved until the manufacturer has submitted evidence that the monitor meets all specifications required by the "Commissioner" and until an independent laboratory verifies that a randomly selected instrument or instruments representative of the instrument for which approval is sought, meets all specifications required by the "Commissioner"

. The "Commissioner" reserves the right to disapprove any monitor and to revoke any previous approval if the "Commissioner" believes that the monitor will not, in fact, meet specifications

. (d)(2) Effective April 1, 1989 for those "stationary sources" which must meet the requirements of Appendix P of Title 40 Code of Federal Regulations Part 51 an approvable smoke and "opacity" monitor shall meet the design, performance and installation specifications in Performance Specification 1 of Appendix B of Title 40 Code of Federal Regulations Part 60 and the requirements in sections 3.4.1, 3.6, 3.7, 3.8, 4 .1, 4 .2, 4 .4, 4.5 and 4

.6 in Appendix P of Title 40 Code of Federal Regulations Part 51

. (A) In addition to the requirements of subdivision 22a-174-4(d)(1), the owner or "operator" of any "stationary source" subject to the requirements of this subdivision shall calibrate such monitoring equipment

. (B) The information collected under this subdivision shall be used in determining compliance with the provisions of subdivision 22a-174-18(a)(1)

. (C) In addition to the reporting requirements of subdivision 22a-174-4(c)(3), the owner or "operator" of any "stationary source" subject to the requirements of this subdivision shall submit the reports listed in Appendix P ofTitle 40 Code of Federal Regulations Part 51 and shall include .,information on the total process operating time of the equipment over the three (3) preceding months

.

. (e) Operation

.

### DRAFT 05/10102

(e)(1) Equipment as may be required pursuant to this section shall be maintained in operation at any time that the "source" is in operation

. (e)(2) Except for necessary maintenance, no "person" shall deliberately shut down any monitoring device or method required under these regulations while the "source" being monitored is in operation or is emitting "air pollutants

.." (e)(3) In the case of deliberate shutdown or of a breakdown or failure of any monitoring device or method during which time the "source" will be in operation, all reasonable measures shall be taken to assure resumption of monitoring as soon as possible

. In the event such shut down of monitoring equipment is expected, or may reasonably be expected, to continue for longer than 72 hours, and ifthe "source" is to be operated at any time during that period, the "Commissioner" shall be promptly notified in writing

. Such notification shall specify the steps being taken to restore monitoring, the expected duration of the monitoring shut down, and the length of time that the "source" will be in operation during the shut down

. (e)(4) Failure of any monitoring equipment in noway relieves the owner or "operator" ofany "source" fromthe responsibility to comply with applicable "air pollutant" "emission" regulations or standards

. (e)(5) It shall be a violation of these regulations to adjust or alter any monitoring device or method so as to falsify its readings or results

. (fl (fl(1) may : (i) "Source" Inspection

. The "Commissioner" or his designated agent upon presentation ofhis credentials

Enter at all reasonable times upon any public or private property, except a private residence, for the purpose ofinspection and investigation to ascertain possible violations of these regulations, in accordance with constitutional limitations; 

### (ii) At reasonable times have access to records and may obtain copies thereof; and

At any reasonable time inspect any monitoring equipment or method and sample any "emissions ."] 

### GENERAL OPACITY AND GASEOUS CEM EQUIPMENT OPERATIONAND PERFORMANCE

. (1) IF THE COMMISSIONER, INHIS OR HER SOLE DISCRETION, DETERMINES THAT OPACITY OR GASEOUS CEM EQUIPMENT IS REASONABLY AVAILABLE FORA SOURCE OF AIR POLLUTION, ANDTHAT SUCH MONITORING EQUIPMENT IS NECESSARY FORTHE DEPARTMENT TO OBTAIN OPACITY OR EMISSION DATA, THE COMMISSIONER MAY

### DRAFT 0a/10/02
REQUIRE, BY WRITTEN NOTICE TOTHE OWNER OR OPERATOR OF SUCH SOURCE, THE INSTALLATION AND OPERATION OF CEM EQUIPMENT

. SUCHWRITTENNOTICE SHALL BE INTHE FORM OF A PERMIT OR ORDERAND SHALL INCLUDE REQUIREMENTS FOR INSTALLATIONAND OPERATION INCLUDINGA DAY BY WHICH SUCH INSTALLATIONAND OPERATION IS TOCOMMENCE

. (2) IF THE COMMISSIONER DETERMINES THAT CEM EQUIPMENT IS NOT REASONABLY AVAILABLE FORA SOURCE OF AIR POLLUTION, THE COMMISSIONER MAY, BY WRITTENNOTICE, REQUIRE THE OWNER OR OPERATOR OF SUCH SOURCE TOCOMPLY WITHANALTERNATIVE MONITORINGTECHNIQUE OR CONDUCT INTERMITTENT STACK TESTINGTOVERIFY THE SOURCE IS TN COMPLIANCE WITH CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATEDTHEREUNDER

. SUCHWRITTEN NOTICE SHALL BE IN THE FORM

OF A PERMIT OR ORDERAND SHALL INCLUDE THE REQTJIRMENTS FOR SUCHALTERNATIVE MONITORING ORTESTING INCLUDINGA DAY BY WHICH SUCHALTERNATIVE MONITORING OR TESTING IS TOCOMMENCE

. (3) MONITORING PLAN

. UNLESS OTHERWISE SPECIFIED BY PERMIT OR ORDER OF THE COMMISSIONER, THE OWNEROR OPERATOR OF ANY SOURCE FORWHICHCONSTRUCTION COMMENCED ON ORAFTERTHE EFFECTIVE DATE OF THIS AMENDMENT TOTHIS SECTIONWHO IS REQUIRED TOINSTALL, OPERATE ANDMAINTAIN OPACITY CEM EQUIPMENT PURSUANT TO-SUBSECTION (b) OF THIS SECTIONOR GASEOUS OR OPACITY CEM EQUIPMENT PURSUANT TOSUBDIVISION- (1) OF THIS SUBSECTION SHALL SUBMIT TOTHE COMMISSIONER FOR APPROVAL, AT LEAST SIXTY (60) DAYS BEFORE THE INITIATION OF THE PERFORMANCE SPECIFICATION TESTING REQUIRED BY SUBDIVISION(4) OF THIS SUBSECTION, AMONITORING PLAN CONTAININGTHE INFORMATIONSPECIFIED IN SUBPARAGRAPHS (A) THROUGH(D) OF THIS SUBDIVISION : 

### (A) A BRIEF DESCRIPTION OF THE SOURCE, INCLUDING, BUT NOT LIMITEDTO, TYPE OF UNIT OR PROCESS, TYPE OF FUEL

. COMBUSTED, TYPE ORTYPES OF EMISSION CONTROL DEVICES, AND OPERATIONAL PARAMETERS; ) ADESCRIPTIONOF THE MONITORING EQUIPMENT DESIGN, PROPOSED MONITOR LOCATIONANDSAMPLING SITE LOCATION

. THIS DESCRIPTION SHOULD INCLUDE, BUT IS NOT LIMITEDTO, FACILITY SCHEMATICS AND ENGINEERING DRAWINGS OF THE MONITORING ANDSAMPLE PROBE LOCATIONS, DATA ACQUISITIONSYSTEM SPECIFICATIONS,DRAFT 05/10/02



### ANALYTICAL MONITORINGTECHNIQUE AND SAMPLING SYSTEM

DESIGN ; (C) AN EXPLANATION OF THE PERFORMANCE SPECIFICATION TESTINGTO BE CONDUCTED BY THE OWNER OR OPERATORAS REQUIRED BY SUBDIVISION (4) OF THIS SUBSECTION; AND (D) A QUALITY ASSURANCE PLAN INCLUDING PROCEDURES FOR CALIBRATION, CALIBRATION DRIFT DETERMINATIONAND ADJUSTMENT, PREVENTATIVE MAINTENANCE, DATA RECORDING, CALCULATION, AUDITS AND CORRECTIVE ACTION FOR MONITORINGSYSTEM BREAKDOWNS

. (4) PERFORMANCE SPECIFICATIONS

. THE OWNER OR OPERATOR OF ANY SOURCE REQUIRED TO INSTALL, OPERATE AND MAINTAIN

. OPACITY CEM EQUIPMENT PURSUANT TOSUBSECTION (b) OF THIS SECTION OR GASEOUS OR OPACITY CEM EQUIPMENT PURSUANT TOSUBDIVISION (1) OF THIS SUBSECTION, PERMIT OR ORDER SHALL MEET THE APPLICABLE PERFORMANCE SPECIFICATIONS OF 40 CFR 60, APPENDIX B

. ; (5) QUALITY ASSURANCE

. (A) THE OWNER OR OPERATOR OF ANY SOURCE REQUIRED TO INSTALL, OPERATE AND MAINTAIN GASEOUS CEM EQUIPMENT PURSUANT TOSUBDIVISION (1) OF THIS SUBSECTION, PERMIT OR ORDER SHALL MEET THE QUALITY ASSURANCE

. REQUIREMENTS OF APPENDIX F OF 40 CFR 60

. ) THE OWNER OR OPERATOR OF ANY SOURCE REQUIRED TO INSTALL, OPERATE AND MAINTAIN OPACITY CEM EQUIPMENT PURSUANT TOSUBSECTION (b) OF THIS SECTION, SUBDIVISION (1) OF THIS SUBSECTION, PERMIT OR ORDER SHALL MEET THE FOLLOWING REQUIREMENTS WITH RESPECT TOQUALITY ASSURANCE: (i) CALIBRATIONSHALL BE ADJUSTEDWHENEVER

THE DAILY ZERO OR UPSCALE CALIBRATION EXCEEDS PLUSlMINUS TWOPERCENT (±2%) OPACITY; (ii) DATA SHALL BE INVALID FORCALCULATING DATA

AVAILABILITY IN ACCORDANCE WITH SUBDIVISION (6) OF THIS SUBSECTION IF THE ZERO OR UPSCALE CALIBRATION VALUE EXCEEDSDRAFT 05/10/02 10

EITHER THE REFERENCE ZERO OR THE UPSCALE CALIBRATIONVALUE RECORDED DURINGTHE MOST RECENT CLEAR-PATH CALIBRATION BY PLUS/MINUS TWOPERCENT (±2%) OPACITY FOR FIVE (5) CONSECUTIVE DAYS OR PLUS/MINUS FIVE PERCENT (±5%) OPACITY ONANY SINGLE DAY

. THE PERIOD OF INVALID DATA BEGINS WITH EITHER THE FIFTH CONSECUTIVE OCCURRENCE OF ADRIFT VALUE EXCEEDING PLUS/MINUS TWO PERCENT (±2%) OPACITY ORWITHTHE LAST DAILY CHECK PRECEDINGTHE SINGLE OCCURRENCE OF ADRIFT VALUE EXCEEDING PLUS/MINUS FIVE PERCENT (±5%) OPACITY

. THE PERIOD OF INVALID DATA SHALL ENDWHENA CALIBRATIONDRIFT CHECK, CONDUCTED AFTER CORRECTIVE ACTION, DEMONSTRATES THAT RELIABLE MONITORING DATA IS BEING GENERATED ; 

### QUALITY ASSURANCE AUDITS SHALL BE
: CONDUCTED DURING EACH CALENDAR QUARTER

IN WHICHTHE SOURCE OPERATES; (iv) THE COMMISSIONER SHALL BE NOTIFIED, IN

WRITING, NOFEWERTHANTHIRTY (30) DAYS PRIORTOTHE INITIALLY PROPOSED QUALITY ASSURANCE AUDIT; AND 

### (v) QUALITY ASSURANCE AUDITS SHALL BE

CONDUCTED INACCORDANCE WITHTHE PROCEDURES CONTAINED IN "PERFORMANCE

. AUDIT PROCEDURES FOR OPACITY MONITORS,"

EPA DOCUMENT NO

. 450/4-92/010, DATEDAPRIL 1992

. IF EPA DOCUMENT NO

. 450/4-92/O10 DOES NOT CONTAINAUDIT PROCEDURES FORTHE OPACITY CEM SELECTED BY THE OWNEROR OPERATOR, THE OWNEROR OPERATOR SHALL, INWRITING, PROPOSE AUDIT PROCEDURES TOTHE COMMISSIONER FOR REVIEW ANDWRITTEN APPROVAL AT LEAST THIRTY (30) DAYS PRIOR TO THE INITIAL OPACITY CEM AUDIT

. (C) IF THE RESULTS OF A QUALITY ASSURANCE AUDIT FAIL TO CONFORM

TOTHE QUALITY ASSURANCE REQUIREMENTS OF SUBPARAGRAPH (B) OF THIS SUBDIVISION, SUCH OPACITY CEM DATA SHALL BE DEEMED INVALID BY THE COMMISSIONER,DRAFT 05/10/02 11



### AND THE OWNER OR OPERATORWILL BE DEEMED TO HAVE FAILED THE QUALITY ASSURANCE AUDIT

. DATA COLLECTED AFTERANY FAILED QUALITY ASSURANCE AUDIT SHALL BE INVALID FOR CALCULATING PERCENT DATA AVAILABILITY IN ACCORDANCE WITHSUBPARAGRAPH (6)(A) OF THIS SUBSECTION

. (6) DATAAVAILABILITY

.

(A) THE OWNEROR OPERATOR OF ANY SOURCE REQUIREDTO INSTALL, OPERATE AND MAINTAIN OPACITY CEM EQUIPMENT PURSUANT TO SUBSECTION (b) OF THIS SECTION OR GASEOUS OR OPACITY CEM

EQUIPMENT PURSUANT TO SUBDIVISION (1) OF THIS SUBSECTION, PERMIT OR ORDER SHALL MEET THE FOLLOWING REQUIREMENTS WITH RESPECT TODATA AVAILABILITY: (i) 

### OPACITY EMISSIONS DATA SHALL BE AVAILABLE FOR NO LESS THANNINETY-FIVE PERCENT (95%) OF THE TOTAL OPERATING HOURS OF THE SOURCE INANY CALENDAR QUARTER,

. (ii) FORAIR POLLUTANT EMISSIONS OTHERTHANOPACITY, DATA SHALL BE AVAILABLE FOR NOLESS THAN NINETY PERCENT (90%) OF THE TOTAL OPERATING HOURS OF THE SOURCE INANY CALENDAR QUARTER, AND (iii) PERCENT DATAAVAILABILITY SHALL BE CALCULATED USINGTHE FOLLOWING EQUATION :

% Data Availability -

# C Unit Operating Time-Monitoring Downtime) *100

Unit Operating Time


### WHERE: UNIT OPERATING TIME

. = TOTAL HOURS OF SOURCE OPERATION AT ANY LEVEL DURINGTHE CALENDAR QUARTER

. MONITORING DOWNTIME = TOTAL HOURS OF SOURCE OPERATIONAT ANY LEVEL DURINGTHE CALENDAR QUARTER WHERE EITHER NO CEM EQUIPMENT DATA WAS COLLECTEDORTHE CEM EQUIPMENT DATA WAS INVALID

. SUCH PERIODS INCLUDE, BUT ARE NOT LIMITEDDRAFT 05/10/02 12



### TO, QUALITY ASSURANCE ACTIVITIES SUCH AS CALIBRATION, PREVENTATIVE MAINTENANCE, AND CALIBRATION DRIFT EXCEEDANCES OR QUALITY ASSURANCE AUDITS THAT RESULT IN INVALID DATA

. THE COMMISSIONER, INWRITING, MAY EXEMPT THE OWNER OR OPERATOR OF A SOURCE FROM THE MINIMUM

DATA AVAILABILITY REQUIREMENTS OF SUBPARAGRAPH (A)(i) OF THIS SUBDIVISION IF SUCH SOURCE IS EQUIPPEDWITH PROPERLY OPERATING OPACITY CEM EQUIPMENT, AND THE SOURCE IS OPERATED LESS THAN OR EQUAL TOFIVEHUNDRED FOUR (504) HOURS IN THE CALENDAR QUARTER

. (C) THE COMMISSIONER, IN WRITING, MAY EXEMPT THE OWNER OR OPERATOR OF A SOURCE FROM THE MINIMUM

DATA AVAILABILITY REQUIREMENTS OF SUBPARAGRAPH (A)(ii) OF THIS SUBDIVISION IF SUCHSOURCE IS EQUIPPED WITH PROPERLY OPERATING GASEOUS CEM EQUIPMENT, AND THE SOURCE IS OPERATED LESS THAN OR EQUAL TOSEVENTY-TWO (72) HOURS INTHE CALENDAR QUARTER

. )

(d) (1) TO OBTAINAN EXEMPTION UNDER SUBPARAGRAPHS (B) OR (C)

OFTHIS SUBDIVISION,

. THE OWNEROR OPERATOR OF THE__ SOURCESHALL SUBMIT THE FOLLOWING INFORMATIONTO THE COMMISSIONER WITHINTHIRTY (30) DAYS FOLLOWING THE LAST DAY OF THE CALENDAR QUARTER FORWHICHTHE EXEMPTIONIS SOUGHT: (i) AREQUEST FORAN EXEMPTION FORA SPECIFIED CALENDAR QUARTER, 

### (ii) THE ACTUAL OPERATING HOURS OF THE SOURCE DURINGTHE CALENDAR QUARTER, (iii) THE DURATION OF AND NATURE OF THE CEM EQUIPMENT BREAKDOWNS', REPAIRS ORADJUSTMENTS MADE DURINGTHE CALENDAR QUARTER, AND (iv) THE ACTUAL DATAAVAILABILITY ACHIEVED DURING THE CALENDAR QUARTER

. RECORD KEEPINGAND REPORTING

. THE COMMISSIONER MAY, BY WRITTENNOTICE, REQUIRE THE OWNER ORDRAFT 05/10/02 - 13



### OPERATOR OF ANY SOURCE TOCREATE, MAINTAIN AND SUBMIT DATA, RECORDS OR REPORTS OF MONITORING DATAAND INFORMATION DEEMED NECESSARY BY THE COMMISSIONER TO EVALUATE COMPLIANCE WITH CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATEDTHEREUNDER

. SUCH INFORMATION SHALL BE RECORDED, COMPILED AND SUBMITTED ON FORMS FURNISHED OR PRESCRIBED BY THE COMMISSIONER

. THE WRITTEN NOTICE SHALL PROVIDE THE DATE BY WHICH SUCH DATA, RECORDS OR REPORTS SHALL BE SUBMITTEDTOTHE COMMISSIONER

. (2) ANY DOCUMENT, DATA, PLAN, RECORD OR REPORT REQUIREDTOBE SUBMITTED TOTHE COMMISSIONER BY THIS SECTION SHALL INCLUDE A CERTIFICATION SIGNED BY ARESPONSIBLE CORPORATE OFFICER ORA DULY AUTHORIZED REPRESENTATIVE OF SUCH OFFICER, AS THOSE TERMS ARE DEFINED IN SUBDIVISION(2) OF SUBSECTION (b)

. OF SECTION 22a-430-3, OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, AND BY THE INDIVIDUAL OR INDIVIDUALS REPONSIBLE FOR ACTUALLY PREPARING SUCH DOCUMENT, EACH OF WHOM SHALL EXAMINE ANDBE FAMILIAR WITH THE INFORMATIONSUBMITTED IN THE DOCUMENT ANDALL ATTACHMENTS THERETO, ANDSHALL MAKE INQUIRY OF THOSE INDIVIDUALS RESPONSIBLE FOROBTAININGTHE INFORMATIONTO DETERMINE THAT THE INFORMATIONIS TRUE, ACCURATE ANDCOMPLETE, AND EACHOF WHOM SHALL CERTIFY IN WRITINGAS FOLLOWS :
"I HAVE PERSONALLY EXAMINED ANDAM FAMILIAR WITHTHE INFORMATIONSUBMITTED IN THIS DOCUMENT ANDALL ATTACHMENTS THERETO, ANDI CERTIFY THAT BASED ON REASONABLE INVESTIGATION, INCLUDING MY INQUIRY OF THOSE INDIVIDUALS RESPONSIBLE FOR OBTAININGTHE INFORMATION, THE SUBMITTED INFORMATIONIS TRUE, ACCURATE ANDCOMPLETE TOTHE BEST OF MY KNOWLEDGE ANDBELIEF

. I UNDERSTANDTHAT ANY FALSE STATEMENT MADE IN THE SUBMITTED INFORMATIONMAYBE PUNISHABLE AS ACRIMINAL OFFENSE UNDER SECTION22a-175 OF THE CONNECTICUT GENERAL STATUTES OR, INACCORDANCE WITH SECTION22a-6 OF THE CONNECTICUT GENERAL STATUTES, UNDER SECTION53a-157b OF THE CONNECTICUT GENERAL STATUTES, ANDIN ACCORDANCE WITHANY OTHER APPLICABLE STATUTE." (3) THE OWNEROR OPERATOR OF ANY SOURCE SUBJECT TOTHE PROVISIONS OF CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS ADOPTEDTHEREUNDER SHALL MAINTAIN ALL DATA FROM ANY MONITORING EQUIPMENT ANDALL DOCUMENTSANDREPORTS PREPARED FROM

SUCH DATA IN ALEGIBLE ANDCOMPREHENSIBLE FORM

### DRAFT 05/10/02 14

FORAT LEAST FIVE (5) YEARS FROM THE DATE SUCH DATA IS GENERATED

. THE OWNER OR OPERATOR OF ANY SUCH SOURCE SHALL MAINTAINALL DATA; DOCUMENTS AND REPORTS NECESSARY FOR THE COMMISSIONER TO DETERMINE COMPLIANCE WITHAN EMISSION LIMITATION OR STANDARD

. (4) THE OWNER OR OPERATOR OF ANY CEM EQUIPMENT SHALL RETAIN DOCUMENTATION EVIDENCING COMPLIANCE WITHTHE SEVEN (7) DAY CALIBRATION DRIFT TEST PERFORMED PRIOR TOCOMMENCINGTHE INITIAL RELATIVE ACCURACY TEST AUDIT ONTHE SUBJECT CEM EQUIPMENT REQUIRED PURSUANT TOSUBDIVISION (c)(4) OF THIS SECTION IN THE APPLICABLE PERFORMANCE SPECIFICATION OF APPENDIX B OF 40 CFR 60

. (5) EACH CALENDAR QUARTER, THE OWNEROR OPERATOR OF ANY OPACITY CEM EQUIPMENT REQUIRED PURSUANT TOSUBSECTION (b) OF THIS SECTION OR GASEOUS OR OPACITY CEM EQUIPMENT REQUIRED PURSUANT TOSUBDIVISION(1) OF THIS SUBSECTION, PERMIT OR ORDERSHALL SUBMIT THE FOLLOWING INFORMATIONTOTHE COMMISSIONER : (A) ; THE DATA OBTAINEDTHROUGH SUCH EQUIPMENT DURINGTHE PRECEDINGCALENDAR QUARTERTHAT IS REQUIREDTO DETERMINE COMPLIANCE WITHAN EMISSION LIMITATION OR STANDARD ; 

### (B) A SUMMARY OF SUCH DATA ; (C) A COPY OF THE QUALITY ASSURANCE AUDIT CONDUCTED FORTHAT CALENDAR QUARTER ; AND ) A SUMMARY OF ALL CORRECTIVE ACTIONS TAKEN IN RESPONSE TOA FAILED CEM EQUIPMENT AUDIT_ (6) SUBMISSIONS MADE TO COMPLY WITHSUBDIVISION (5) OF THIS SUBSECTION SHALL BE MADE NO LATERTHANTHIRTY (30) DAYS FOLLOWINGTHE END OF EACHCALENDAR QUARTER

. (e) THE COMMISSIONER SHALL NOT REQUIRE THE OWNER OR OPERATOR OF A SOURCE OF AIRPOLLUTIONTOMONITORAIRPOLLUTANT EMISSIONS FORTHE PURPOSE OF DETERMININGCOMPLIANCE WITH CHAPTER446c OF THE CONNECTICUT GENERAL STATUTES AND

. REGULATIONS PROMULGATED THEREUNDER IF THE OWNEROR OPERATOR OF SUCH SOURCE DEMONSTRATES IN WRITING, TOTHE COMMISSIONER'S SATISFACTIONANDFORTHE COMNgSSIONER'S WRITTENAPPROVAL, THAT SUCH SOURCE IS PHYSICALLY INCAPABLE OF VIOLATINGANYREQUIREMENT SET FORTHIN CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATEDDRAFT 05/10/02 15



### THEREUNDER

.

STATEMENT OF PURPOSE: This amendment serves to (1) incor,porate relevant portions of the Department's Continuous Emission Monitoring Guideline; (2) revise overall format for consistency with current Department and Legislative Commissioner's Office practices; (3) clarify language as necessary; and (4) remove general monitoring equipment operating requirements to a corresponding amendment to Regulations of Connecticut State Agencies section 22a=174-7

.DRAFT 05/10/02

Section 22a-174-7 of the Regulations ofConnecticut State Agencies is amended to read as follows: Sec

. 22a-174-7

. [Malfunction of control equipment; reporting and required continuous emission monitoring equipment for stationary sources, shutdown provisions for combustion efficiency for resources recovery facilities and shutdown and start up plans for resources recovery facilities]

. AIR POLLUTIONCONTROL EQUIPMENT AND MONITORING EQUIPMENT OPERATION

. [(a) Equipment or methods which control air pollutant emissions froma stationary source and which are necessary to the operation of such stationary source in compliance with applicable emission standards and regulations shall be maintained in operation at all times that the stationary source is in operation or is emitting air pollutants

. This includes instruments required by permit, order or regulation which measure those source operating parameters which affect air pollutant emissions, air pollution control equipment or other instruments which measure meteorological data required by permit, order or regulation.] 

### BREAKDOWN, FAILURE AND DELIBERATE SHUTDOWN

. IF AN OWNER OR OPERATOR OPERATES A STATIONARY SOURCE TOPRODUCE EMISSIONS OF AIR-POLLUTANTS DURING BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF ANY AIR POLLUTION CONTROL EQUIPMENT SOAS TO PRODUCE ANEXCEEDANCE OF ANAPPLICABLE EMISSION LIMITATION OR EMISSION STANDARD, TIE OWNER OR OPERATOR SHALL: (1) EXERCISE DUE DILIGENCE TOMINIMIZE EMISSIONS WHILE SUCHCONTROL EQUIPMENT IS INOPERATIVE; (2) CONTINUE THE USE OF MONITORING EQUIPMENT; AND (3) GIVE NOTICE TOTHE COMMISSIONER AS REQUIRED BY SUBSECTIONS (d) and (e) OF THIS SECTION

. (b) OPERATION OF AIR POLLUTION CONTROL EQUIPMENT AND MONITORING EQUIPMENT

. (1) [No] WHILE A STATIONARY SOURCE IS IN OPERATION, NO person shall deliberately shut down any [such] OPERATIONAL AIR POLLUTION control OR MONITORING equipment [, method or other instrument specified in subsection 22a-174-7 (a) while the source is in operation except for such necessary maintenance as cannot be accomplished when the stationary source itself is not in operation and is not emitting air pollutants.] OR DELIBERATELY KEEP SUCHAIR POLLUTIONCONTROL EQUIPMENT OR MONITORING EQUIPMENT SHUT DOWN EXCEPT TO PERFORM NECESSARY MAINTENANCE, WHICH MAINTENANCE REQUIRES THAT THE STATIONARY SOURCE BE OPERATING

.DRAFT 05/10102


### (2) NOTWITHSTANDING SUBDIVISION (1) OF THIS SUBSECTION, A SOURCE OWNER OR OPERATOR MAY SHUT DOWNAIR POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT WHILE THE SOURCE IS IN OPERATION IF:

(A) THE OWNER OR OPERATOR IS NOT REQUIRED TO OPERATE SUCH EQUIPMENT BY A PERMIT, ORDER OR REGULATION ; (B) THE SOURCE IS IN COMPLIANCE WITH APPLICABLE EMISSION LIMITATIONS AND EMISSION STANDARDS WHILE THE AIR POLLUTION CONTROL EQUIPMENT IS SHUTDOWN ; AND (C) WHENAIR POLLUTION CONTROL EQUIPMENT AND MONITORING EQUIPMENT IS OPERATED, THE EMISSIONS CONTROLLED AND MEASURED BY SUCH EQUIPMENT MAY BE USED TOGENERATE CREDITS INAN EMISSIONS CREDIT TRADING PROGRAM

ADMINISTERED BY EPA ORTHE DEPARTMENT: [(c) In the case ofbreakdown, failure, or deliberate shutdown of any control equipment, method or:other instrument specified in subsection 22a-I74-7 (a) during which .time the stationary source will be in operation, all reasonable measures shall be taken to assure resumption of control as soon as possible

. Due diligence shall be exercised to minimize emissions while the control equipment or method is inoperative

. In the event such shutdown of control equipment or methods is expected or may reasonably be expected to continue for longer than 72 hours, and ifthe source is to be operated at any time during that period, the Commissioner shall be notified promptly except that for a resources recovery facility such time period shall be 24 hours

. Such notice shall include, but is not limited to, the following:j


### NOPERSON MAY TAMPERWITH, RENDER INACCURATE OR RENDER INOPERABLE ANY AIR POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT REQUIRED BY PERMIT, ORDER OR REGULATION, [(c)](d) IF ANY BREAKDOWN, FAILURE ORDELIBERATE SHUTDOWN OF AIRPOLLUTION CONTROL EQUIPMENT ORMONITORING EQUIPMENT CONTINUES FOR MORE THANTWENTY-FOUR (24) HOURS AND THE SOURCE OPERATES AT ANY TIME AFTERTHE EXPIRATION OF .TWENTY~-FOUR HOURS AND DURINGSOURCE OPERATIONAFTER THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWNAN EXCEEDANCE OF AN EMISSION LIMITATION OR STANDARDOCCURS, THE OWNER OR OPERATOR SHALL SUBMIT AWRITTENNOTICE TOTHE COMMISSIONERPOSTMARKED WI'PHIN TEN (10) DAYS-OF THE COMMENCEMENT OF THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN

. SUCHWRITTEN NOTICE SHALL I ~LUDE, BUT IS NOT LIMITED TO , THE FOLLOWING

: NCDRAFT 05/10/02 (1) Identification of the specific AIR POLLUTION CONTROL OR MONITORING equipment [or instrument taken out, or to be taken out, of service] SUBJECT TOTHE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN, as well as INFORMATIONCONCERNING its location, and, where applicable, registration or permit number ; [(2) The expected length oftime that the air pollution control equipment or instrument will be out of service;]



### THE DATE, TIME, DURATION ., EXPLANATIONAND DESCRIPTION OF EACH BREAKDOWN,, FAILURE OR DELIBERATE SHUTDOWN OF THE AIR POLLUTION CONTROL OR MONITORING EQUIPMENT., (3) The nature and quantity [of emissions] of air pollutants [likely to be] emitted during the [shutdown] period THAT THE POLLUTION CONTROL OR MONITORING EQUIPMENT IS NOT OPERATING ; (4) IDENTIFICATION OF DATES OF INSPECTION AND MAINTENANCE OF THE SUBJECT EQUIPMENT PRIORTOTHE BREAKDOWN3 FAILURE OR DELIBERATE SHUTDOWNI INCLUDINGADESCRIPTION OF ` INSPECTION FINDINGS ANDANY MAINTENANCE CONDUCTED ; (5) ADESCRIPTION OF ALL MEASURES THAT THE OWNEROR OPERATORHAS TAKENORWILL TAKE TORESUME OPERATION OF THE AIR POLLUTION CONTROL OR MONITORING EQUIPMENT; AND [(4)](6) [Measures such as the use ofoff-shift labor and equipment that will be taken] A DESCRIPTION OF ALL MEASURES TAKENANDCONTINUING TOBE TAKENto minimize the length ofthe shutdown period SUCHAS THE USE OF OFF-SHIFT LABORANDEQUIPMENT_

. [(5) The reasons that it would be impossible or impractical to shut down the stationary source operation during the maintenance period.] 

### IIVIIVODIATE NOTIFICATION

. (1) THE OWNEROR OPERATOR SHALL NOTIFY THE DEPARTMENT, BUREAU OF AIR MANAGEMENT, COMPLIANCE AND FIELD OPERATIONS DIVISION, AS REQUIRED BY SUBDTVISION (2) OF THIS SUBSECTION IF, AT THE TIME OF DISCOVERY OF ANY BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF AIRPOLLUTIONCONTROL OR MONITORING EQUIPMENT REQUIREDTOBE OPERATED BY PERMIT, ORDER OR REGULATION :

### DRAFT 05/10/02 (A) THE OWNER OR OPERATOR REASONABLY EXPECTS THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWNTO CONTINUE , FOR MORE THAN 24 HOURS; AND (B) THE OWNER OR OPERATORANTICIPATES OPERATING THE SOURCE AT ANY TIME AFTER THE EXPIRATION OF TWENTYFOUR HOURS

. (2) NOTIFICATION TO COMPLY WITH THIS SUBSECTIONSHALL BE MADE BY TELEPHONE, ELECTRONIC MAIL, FACSIMILE OR INPERSON IMMEDIATELY AFTER THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OCCURRED OR IS DISCOVERED OR INTHE EXERCISE OF REASONABLE CARE SHOULD HAVE BEEN DISCOVERED, AND IN NOCASE SHALL SUCH NOTICE BE SUBMITTED LATER THANTWO(2) BUSINESS DAYS AFTER SUCH BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN_ [(d)](f) [The Commissioner may attach conditions to the operation of the stationary source during the period of shutdown or breakdown .] EXCEPT AS PROVIDED IN SUBSECTION (g) OF THIS SECTION, COMPLIANCE WITH THE NOTICE REQUIREMENTS Ok' SUBSECTIONS (d) and (e) OF THIS SECTION ORTHE OPERATION REQUIREMENTS OF SUBSECTION (b) OF THIS SECTIONSHALL NOT RELIEVE THE OWNEROR OPERATOR FROM COMPLYING

WITHALL APPLICABLE EMISSION LIMITATIONS AND EMISSION STANDARDS

. TBE COMMISSIONER MAYTAKE ANY ENFORCEMENT ACTION, INCLUDING REQUIRINGTHE OWNEROR OPERATORTOCEASE OPERATIONOF THE STATIONARY SOURCE; ORATTACHANY CONDITIONTOTHE OPERATION OF THE STATIONARY SOURCE DURINGTHE PERIOD OF ANY BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN OF AIR POLLUTION CONTROL OR MONITORING EQUIPMENT

. NOTHINGIN THIS SECTIONORANY NOTICE SUBMITTED PURSUANT TOTHIS SECTIONSHALL EXCUSE NONCOMPLIANCE WITHANYAPPLICABLE EMISSION LIIVIITATION OR EMISSION STANDARDANDOTHERAPPLICABLE REQUIREMENTS OR PRECLUDE THE COMMISSIONER FROM TAKINGANYACTION NECESSARY TO PROTECT HUMANHEALTHANDTHE ENVIRONMENT

. 

### (g) AN OWNER OR OPERATOR OF A STATIONARY SOURCE IS EXEMPT FROM THE NOTIFICATION REQUIREMENTS OF SUBSECTIONS (d) AND (e) OF THIS SECTION IF: (1) THE OWNER OR OPERATOR HOLDS A VALID TITLE V PERMIT FORTHE STATIONARY SOURCE ISSUED BY THE DEPARTMENT; OR

r~ (2) THE OWNEROR OPERATOR DELIBERATELY SHUTS DOWNAIR POLLUTIONCONTROL OR MONITORING EQUIPMENT INACCORDANCE WITH SUBDIVISION (2) OF SUBSECTION (b) OF THIS SECTION,

### DRAFT 05/10/02 [(e) In addition to the requirements ofsubsections (a) through (d) of Section 22a-174-7 for stationary sources, the owner or operator of any resources recovery facility shall implement the provisions of the source shutdown and start up plan approved by the Commissioner under subsection 22a-174-7 (g) ifthe continuous emission monitoring equipment for combustion efficiency experiences a breakdown, failure or deliberate shutdown

. 

### (f) Combustion efficiency for resources recovery facilities

. For the purposes of this subsection the combustion efficiency shall be calculated as specified in Section 22a-174-1 or in accordance with the procedures and methods approved by the Commissioner in the source shutdown and start up plan as required by subsection 22a-174-7 (g)

. (1) The resources recovery facility will be in compliance with the provisions of this subsection when the combustion efficiency is equal to or greater than 99.90% unless the Commissioner requires a different combustion efficiency for this subdivision as part of a permit to construct or permit to operate

. (2) When the combustion efficiency is less than the level required pursuant to subdivision 22a-174-7 (f) (1) for more then a total of seventy-two (72) hours in any thirty (30) consecutive days the owner or operator shall provide the Commissioner with an engineering evaluation within thirty (30) days ofthe occurrence ofthe final hour of such combustion efficiency detailing the cause or reasons for not meeting such combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made

. (3) When the combustion efficiency is less than the level required pursuant to subdivision 22a-174-7 (f) (1) for more than a total of two hundred and sixteen (216) hours in any ninety (90) consecutive day period the owner or operator shall perform a stack test for dioxin emissions within forty-five (45) days of the occurrence of the final hour ofsuch combustion efficiency

. In addition, the owner or operator shall provide the Commissioner with an engineering evaluation within thirty (30) days ofthe date of the stack test required under this subdivision detailing the cause or reasons for not meeting such combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made

. (4) The resources recovery facility will be in compliance with the provisions of this subdivision when the combustion efficiency is equal to or greater than 99.5% unless the Commissioner requires a different combustion efficiency for this subdivision as part of a modified permit to operate
. When the combustion efficiency is less than the level required under this subdivision for more then a total of seventy-two (72) hours in any~thirty consecutive days the owner or operator shall performa stack test for dioxin emissions within forty-five (45) days ofthe occurrence of the final hour of such combustion efficiency

. In addition, the owner or operator shall provide the Commissioner with an engineering evaluation within thirty (30) days of the date oftheDRAFT 05/10/02

stack test required under this subdivision detailing the cause or reasons for not meeting such combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made

. If after two (2) consecutive stack tests the owner or operator demonstrates to the Commissioner's satisfaction that the source complies with applicable dioxin emission standards contained in a permit to construct or a permit to operate, then the owner or operator may request the Commissioner to modify the source's permit to operate and to revise the combustion efficiency requirement in this subdivision

. (5) The resources recovery facility will be in compliance with the provisions of this subdivision when the combustion efficiency is equal to or greater than 99.0%

. When the combustion efficiency is less than the level required under this subdivision for each of any three (3) consecutive hours, the owner or operator shall institute the source shutdown provisions of the source shutdown and start up plan and provide any notices to the department pursuant to the source shutdown and start up plan required under subsection 22a-174-7(g)

. After the owner or operator has provided the department with information detailing the cause or reasons for not meeting the combustion efficiency requirements along with recommendations of how and when corrections or adjustments will be made the source mayinstitute start up procedures in accordance with the approved source shutdown and start up plan

. (g) Shutdown and start up plans for resources recovery facilities

. The owner or operator of any resources recovery facility shall make and submit for the Commissioner's approval a comprehensive source shutdown and start up plan

. At a minim iun, this plan shall include information required in subdivisions (1) through (5) of this subsection

. For any resources recovery facility which has a permit to construct issued under section 22a-174-3 prior to the effective date ofthis subsection the plan must be submitted within ninety (90) days of the effective date of this subsection

. For any resources recovery facility which has a permit to construct issued under Section 22a-174- 3 after the effective date ofthis subsection the plan must be submitted and approved as part of the permit to operate required under subsection 22a-174-3 (f)

. (1) Adescription of how the hourly average combustion efficiency ofthe resources recovery facility will be determined including the substances to be monitored and the formulas to be used to calculate the combustion efficiency ifthe determination is different than that specified in the definition ofcombustion efficiency in Section 22a174-1

. (2) Adescription ofthe continuous emission monitors to be used to determine combustion efficiency, to record temperatures and to monitor the operation of appropriate

. source operating parameters and required air pollution control devices alongwith any required meteorological instruments

.

. (3) Adescription of the procedures to be followed each time the resources recovery facility will begin operation

.DRAFT 05/10/02

(4) A description of the procedures to be followed each time the resources recovery facility must shutdown

. 

### (5) A description ofprocedures or methods to be employed in the event that the continuous emission monitoring equipment used to determine combustion efficiency malfunctions

. This may include the use ofbackup or redundant monitors or surrogate methods.]
STATEMENT OF PURPOSE: The amendment to this section streamlines environmental regulation by eliminating requirements that are redundant of Regulations of Connecticut State Agencies section 22a-174-12 and section 22a-174-38; and clarifies requirements for air pollution control equipment and monitoring equipment in conjunction with a corresponding amendment to section 22a-174-4

. The amendment also clarifies the notification, reporting and compliance requirements of the section

.