Attachment 2 

Text of Proposed Amendments: 

R.C .-S .A. Sections 22a-174-4 

and 22a-174-7 
DRAFT 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[,] AND reporting [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 of violating such regulations.] 

"CALENDAR QUARTER" MEANS A CONSECUTIVE THREE (3) MONTH PERIOD 

(NONOVERLAPPING) BEGINNING ON JANUARY 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 TO PROVIDE 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 SUBDIVISION shall 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 SECTION AND RETAIN THE DATA GENERATED 

IN ACCORDANCE 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 WITH A MAXIMUM RATED HEAT INPUT 

GREATER THAN OR EQUAL TO two hundred fifty million 

[(250,000,000) "BTU"] BTU per hour (250,000,000 BTU/HR) [or more]; 

f(iii)] (C) ["Incinerators"] ANY INCINERATOR WITH [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 MATTER EMISSIONS EXCEEDING twenty-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 COMBINATION WITH 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 HEATER installed 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] GREATER THAN OR EQUAL TO THREEQUARTERS 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] GREATER THAN 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.] ; AND 
DRAFT 05/10/02 

[(b)](3) 

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

historical demonstrations or exhibits[.]1 PROVIDED THAT SUCH COAL 

BURNING EQUIPMENT DOES NOT COMBUST COAL WITH A 

SULFUR CONTENT EXCEEDING ONE AND ONE-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, steam locomotives, 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 

BURNING EQUIPMENT-, 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] A calendar year: [. The 

"Commissioner" may request such proof and reports of operations as he 

deems necessary.] FOR THE PURPOSE OF THTS SUBPARAGRAPH, 

THE TERM "OPERATING" SHALL NOT INCLUDE EMISSIONS 

TESTING OR OPERATING ONLY TO MAINTAIN RELIABILITY IN 

EMERGENCY SITUATIONS; AND 

B~ [(ii) Gas turbines] TURBINES COMBUSTING NATURAL GAS, LIQUID 

FUEL OR A MIXTURE OF LIQUID FUEL AND NATURAL 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 WITH THE APPLICABLE PARTICULATE MATTER 

AND OPACITY LIMITATIONS SET FORTH IN SECTION 22a-174-18 

OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES 

WITHOUT UTILIZING POLLUTION CONTROL 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 proof of date of purchase as he deems 

necessary.] 

. 

THE COMMISSIONER MAY, IN WRITING, REQUEST WRITTEN 

DOCUMENTATION FROM THE OWNER OR OPERATOR OF EQUIPMENT 

LISTED IN SUBDIVISIONS (2) OR (3) OF THIS SUBSECTION TO 

ASCERTAIN THE APPLICABILITY OF SUBDIVISIONS (2) OR (3) OF THIS 
DRAFT 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 TO AN OWNER OR OPERATOR OF A SOURCE 

WITH AN APPROVAL UNDER SUBSECTION (e) OF THIS SECTION THAT 

INSTALLATION, OPERATION AND MAINTENANCE OF CEM EQUIPMENT 

OR SUCH OTHER MONITORING OR INTERMITTENT STACK TESTING AS 

ALLOWED BY THIS SECTION IS REQUIRED IF THE COMMISSIONER 

FINDS: 

(A) REPEATED NONCOMPLIANCE WITH SECTION 22a-174-18 OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES HAS OCCURRED; 

SUBSECTION. AN OWNER OR OPERATOR SHALL DELIVER SUCH 

DOCUMENTATION TO THE COMMISSIONER WITHIN FOURTEEN (14) 

DAYS OF RECEIPT OF SUCH A WRITTEN REQUEST_ 

NONCOMPLIANCE WITH THE 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 WITH THE ATTAINMENT- OR MAINTENANCE OF 

AMBIENT AIR QUALITY STANDARDS, CREATE A HEALTH HAZARD OR 

CREATE A NUISANCE; 

(D) MONITORING EQUIPMENT IS NEEDED TO DETERMINE COMPLIANCE 

WITH CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND 

REGULATIONS PROMULGATED THEREUNDER; OR 

(E) THE SOURCE HAS BEEN ALTERED OR THE OPERATIONS OF THE 

SOURCE HAVE CHANGED SUCH THAT SUBSECTION (e) IS NO LONGER 

APPLICABLE. 

(6) THE NOTICE PROVIDED FOR IN SUBDIVISION (5) OF THIS SUBSECTION SHALL 

BE IN THE FORM OF A PERMIT OR ORDER AND SHALL SPECIFY 

REQUIREMENTS FOR INSTALLATION AND OPERATION OR OTHER 

MONITORING INCLUDING A DAY BY WHICH SUCH INSTALLATION AND 

OPERATION OR 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 TESTING AS ALLOWED BY THIS SECTION, AND 

COMPLY WITH SUBSECTIONS (c) AND (d) OF THIS SECTION, IF THE 

COMMISSIONER FINDS : 

(A) REPEATED NONCOMPLIANCE WITH SECTION 22a-174-18 OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES HAS 

OCCURRED; 

(B) NONCOMPLIANCE WITH THE 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 WITH THE ATTAINMENT OR 

MAINTENANCE OF AMBIENT AIR QUALITY STANDARDS, 

CREATE A HEALTH HAZARD OR CREATE A NUISANCE; OR 

(D) MONITORING EQUIPMENT IS NEEDED TO DETERMINE 

COMPLIANCE WITH CHAPTER 446c OF THE CONNECTICUT 

GENERAL STATUTES AND REGULATIONS PROMULGATED 

THEREUNDER. 

(8) THE NOTICE PROVIDED FOR IN SUBDIVISION (b)(7) OF THIS SECTION SHALL 

BE IN THE FORM OF A PERMIT OR ORDER AND SHALL SPECIFY REQUIREMENTS 

FOR INSTALLATION AND OPERATION OR OTHER MONITORING INCLUDING A DAY 

BY WHICH SUCH INSTALLATION AND OPERATION OR OTHER MONITORING IS 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 pulp Use 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 of his 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 of three 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 him a 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, from time 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 of Title 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 if the "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 no way relieves the owner or "operator" of any 

"source" from the 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 of his credentials 

Enter at all reasonable times upon any public or private property, except a private 

residence, for the purpose of inspection 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 OPERATION AND 

PERFORMANCE. 

(1) IF THE COMMISSIONER, IN HIS OR HER SOLE DISCRETION, DETERMINES 

THAT OPACITY OR GASEOUS CEM EQUIPMENT IS REASONABLY 

AVAILABLE FOR A SOURCE OF AIR POLLUTION, AND THAT SUCH 

MONITORING EQUIPMENT IS NECESSARY FOR THE DEPARTMENT TO 

OBTAIN OPACITY OR EMISSION DATA, THE COMMISSIONER MAY 
DRAFT 0a/10/02 

REQUIRE, BY WRITTEN NOTICE TO THE OWNER OR OPERATOR OF SUCH 

SOURCE, THE INSTALLATION AND OPERATION OF CEM EQUIPMENT. 

SUCH WRITTEN NOTICE SHALL BE IN THE FORM OF A PERMIT OR 

ORDER AND SHALL INCLUDE REQUIREMENTS FOR INSTALLATION AND 

OPERATION INCLUDING A DAY BY WHICH SUCH INSTALLATION AND 

OPERATION IS TO COMMENCE. 

(2) IF THE COMMISSIONER DETERMINES THAT CEM EQUIPMENT IS NOT 

REASONABLY AVAILABLE FOR A SOURCE OF AIR POLLUTION, THE 

COMMISSIONER MAY, BY WRITTEN NOTICE, REQUIRE THE OWNER OR 

OPERATOR OF SUCH SOURCE TO COMPLY WITH AN ALTERNATIVE 

MONITORING TECHNIQUE OR CONDUCT INTERMITTENT STACK 

TESTING TO VERIFY THE SOURCE IS TN COMPLIANCE WITH CHAPTER 

446c OF THE CONNECTICUT GENERAL STATUTES AND REGULATIONS 

PROMULGATED THEREUNDER. SUCH WRITTEN NOTICE SHALL BE IN 

THE FORM OF A PERMIT OR ORDER AND SHALL INCLUDE THE 

REQTJIRMENTS FOR SUCH ALTERNATIVE MONITORING OR TESTING 

INCLUDING A DAY BY WHICH SUCH ALTERNATIVE MONITORING OR 

TESTING IS TO COMMENCE. 

(3) MONITORING PLAN. UNLESS OTHERWISE SPECIFIED BY PERMIT OR 

ORDER OF THE COMMISSIONER, THE OWNER OR OPERATOR OF ANY 

SOURCE FOR WHICH CONSTRUCTION COMMENCED ON OR AFTER THE 

EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION WHO IS 

REQUIRED TO 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 SHALL SUBMIT TO THE COMMISSIONER FOR 

APPROVAL, AT LEAST SIXTY (60) DAYS BEFORE THE INITIATION OF 

THE PERFORMANCE SPECIFICATION TESTING REQUIRED BY 

SUBDIVISION (4) OF THIS SUBSECTION, A MONITORING PLAN 

CONTAINING THE INFORMATION SPECIFIED IN SUBPARAGRAPHS (A) 

THROUGH (D) OF THIS SUBDIVISION: 

(A) A BRIEF DESCRIPTION OF THE SOURCE, INCLUDING, BUT NOT 

LIMITED TO, TYPE OF UNIT OR PROCESS, TYPE OF FUEL 

. COMBUSTED, TYPE OR TYPES OF EMISSION CONTROL DEVICES, 

AND OPERATIONAL PARAMETERS ; 

) A DESCRIPTION OF THE MONITORING EQUIPMENT DESIGN, 

PROPOSED MONITOR LOCATION AND SAMPLING SITE 

LOCATION. THIS DESCRIPTION SHOULD INCLUDE, BUT IS NOT 

LIMITED TO, FACILITY SCHEMATICS AND ENGINEERING 

DRAWINGS OF THE MONITORING AND SAMPLE PROBE 

LOCATIONS, DATA ACQUISITION SYSTEM SPECIFICATIONS, 
DRAFT 05/10/02 

ANALYTICAL MONITORING TECHNIQUE AND SAMPLING 

SYSTEM DESIGN; 

(C) AN EXPLANATION OF THE PERFORMANCE SPECIFICATION 

TESTING TO BE CONDUCTED BY THE OWNER OR OPERATOR AS 

REQUIRED BY SUBDIVISION (4) OF THIS SUBSECTION; AND 

(D) A QUALITY ASSURANCE PLAN INCLUDING PROCEDURES FOR 

CALIBRATION, CALIBRATION DRIFT DETERMINATION AND 

ADJUSTMENT, PREVENTATIVE MAINTENANCE, DATA 

RECORDING, CALCULATION, AUDITS AND CORRECTIVE ACTION 

FOR MONITORING SYSTEM BREAKDOWNS. 

(4) PERFORMANCE SPECIFICATIONS . THE OWNER OR OPERATOR OF ANY 

SOURCE REQUIRED TO 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 

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 TO SUBDIVISION (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 TO SUBSECTION (b) OF THIS SECTION, SUBDIVISION 

(1) OF THIS SUBSECTION, PERMIT OR ORDER SHALL MEET THE 

FOLLOWING REQUIREMENTS WITH RESPECT TO QUALITY 

ASSURANCE: 

(i) CALIBRATION SHALL BE ADJUSTED WHENEVER 

THE DAILY ZERO OR UPSCALE CALIBRATION 

EXCEEDS PLUSlMINUS TWO PERCENT (±2%) 

OPACITY; 

(ii) DATA SHALL BE INVALID FOR CALCULATING DATA 

AVAILABILITY IN ACCORDANCE WITH 

SUBDIVISION (6) OF THIS SUBSECTION IF THE ZERO 

OR UPSCALE CALIBRATION VALUE EXCEEDS 
DRAFT 05/10/02 10 

EITHER THE REFERENCE ZERO OR THE UPSCALE 

CALIBRATION VALUE RECORDED DURING THE 

MOST RECENT CLEAR-PATH CALIBRATION BY 

PLUS/MINUS TWO PERCENT (±2%) OPACITY FOR 

FIVE (5) CONSECUTIVE DAYS OR PLUS/MINUS FIVE 

PERCENT (±5%) OPACITY ON ANY SINGLE DAY. 

THE PERIOD OF INVALID DATA BEGINS WITH 

EITHER THE FIFTH CONSECUTIVE OCCURRENCE OF 

A DRIFT VALUE EXCEEDING PLUS/MINUS TWO 

PERCENT (±2%) OPACITY OR WITH THE LAST DAILY 

CHECK PRECEDING THE SINGLE OCCURRENCE OF 

A DRIFT VALUE EXCEEDING PLUS/MINUS FIVE 

PERCENT (±5%) OPACITY. THE PERIOD OF INVALID 

DATA SHALL END WHEN A CALIBRATION DRIFT 

CHECK, CONDUCTED AFTER CORRECTIVE ACTION, 

DEMONSTRATES THAT RELIABLE MONITORING 

DATA IS BEING GENERATED; 

QUALITY ASSURANCE AUDITS SHALL BE 

: CONDUCTED DURING EACH CALENDAR QUARTER 

IN WHICH THE SOURCE OPERATES ; 

(iv) THE COMMISSIONER SHALL BE NOTIFIED, IN 

WRITING, NO FEWER THAN THIRTY (30) DAYS 

PRIOR TO THE INITIALLY PROPOSED QUALITY 

ASSURANCE AUDIT; AND 

(v) QUALITY ASSURANCE AUDITS SHALL BE 

CONDUCTED IN ACCORDANCE WITH THE 

PROCEDURES CONTAINED IN "PERFORMANCE 

. AUDIT PROCEDURES FOR OPACITY MONITORS," 

EPA DOCUMENT NO. 450/4-92/010, DATED APRIL 

1992. IF EPA DOCUMENT NO. 450/4-92/O10 DOES NOT 

CONTAIN AUDIT PROCEDURES FOR THE OPACITY 

CEM SELECTED BY THE OWNER OR OPERATOR, 

THE OWNER OR OPERATOR SHALL, IN WRITING, 

PROPOSE AUDIT PROCEDURES TO THE 

COMMISSIONER FOR REVIEW AND WRITTEN 

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 TO THE 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 OPERATOR WILL BE DEEMED TO HAVE 

FAILED THE QUALITY ASSURANCE AUDIT. DATA COLLECTED 

AFTER ANY FAILED QUALITY ASSURANCE AUDIT SHALL BE 

INVALID FOR CALCULATING PERCENT DATA AVAILABILITY IN 

ACCORDANCE WITH SUBPARAGRAPH (6)(A) OF THIS 

SUBSECTION. 

(6) DATA AVAILABILITY. 

(A) THE OWNER OR OPERATOR OF ANY SOURCE REQUIRED TO 

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 TO DATA 

AVAILABILITY: 

(i) OPACITY EMISSIONS DATA SHALL BE AVAILABLE FOR 

NO LESS THAN NINETY-FIVE PERCENT (95%) OF THE 

TOTAL OPERATING HOURS OF THE SOURCE IN ANY 

CALENDAR QUARTER, . 

(ii) FOR AIR POLLUTANT EMISSIONS OTHER THAN OPACITY, 

DATA SHALL BE AVAILABLE FOR NO LESS THAN NINETY 

PERCENT (90%) OF THE TOTAL OPERATING HOURS OF 

THE SOURCE IN ANY CALENDAR QUARTER, AND 

(iii) PERCENT DATA AVAILABILITY SHALL BE CALCULATED 

USING THE 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 DURING THE CALENDAR 

QUARTER. 

MONITORING DOWNTIME = TOTAL HOURS OF SOURCE OPERATION AT 

ANY LEVEL DURING THE CALENDAR 

QUARTER WHERE EITHER NO CEM 

EQUIPMENT DATA WAS COLLECTED OR THE 

CEM EQUIPMENT DATA WAS INVALID. SUCH 

PERIODS INCLUDE, BUT ARE NOT LIMITED 
DRAFT 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, IN WRITING, 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 EQUIPPED WITH 

PROPERLY OPERATING OPACITY CEM EQUIPMENT, AND THE 

SOURCE IS OPERATED LESS THAN OR EQUAL TO FIVEHUNDRED 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 SUCH SOURCE IS EQUIPPED WITH 

PROPERLY OPERATING GASEOUS CEM EQUIPMENT, AND THE 

SOURCE IS OPERATED LESS THAN OR EQUAL TO SEVENTY-TWO 

(72) HOURS IN THE CALENDAR QUARTER. 

) 

(d) 

(1) 

TO OBTAIN AN EXEMPTION UNDER SUBPARAGRAPHS (B) OR (C) 

OF THIS SUBDIVISION,. THE OWNER OR OPERATOR OF THE__ 

SOURCE SHALL SUBMIT THE FOLLOWING INFORMATION TO 

THE COMMISSIONER WITHIN THIRTY (30) DAYS FOLLOWING 

THE LAST DAY OF THE CALENDAR QUARTER FOR WHICH THE 

EXEMPTION IS SOUGHT: 

(i) A REQUEST FOR AN EXEMPTION FOR A SPECIFIED 

CALENDAR QUARTER, 

(ii) THE ACTUAL OPERATING HOURS OF THE SOURCE 

DURING THE CALENDAR QUARTER, 

(iii) THE DURATION OF AND NATURE OF THE CEM 

EQUIPMENT BREAKDOWNS', REPAIRS OR ADJUSTMENTS 

MADE DURING THE CALENDAR QUARTER, AND 

(iv) THE ACTUAL DATA AVAILABILITY ACHIEVED DURING 

THE CALENDAR QUARTER. 

RECORD KEEPING AND REPORTING. 

THE COMMISSIONER MAY, BY WRITTEN NOTICE, REQUIRE THE OWNER OR 
DRAFT 05/10/02 - 13 

OPERATOR OF ANY SOURCE TO CREATE, MAINTAIN AND SUBMIT DATA, 

RECORDS OR REPORTS OF MONITORING DATA AND INFORMATION DEEMED 

NECESSARY BY THE COMMISSIONER TO EVALUATE COMPLIANCE WITH 

CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND 

REGULATIONS PROMULGATED THEREUNDER. 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 SUBMITTED TO THE COMMISSIONER. 

(2) ANY DOCUMENT, DATA, PLAN, RECORD OR REPORT REQUIRED TO BE 

SUBMITTED TO THE COMMISSIONER BY THIS SECTION SHALL INCLUDE A 

CERTIFICATION SIGNED BY A RESPONSIBLE CORPORATE OFFICER OR A 

DULY AUTHORIZED REPRESENTATIVE OF SUCH OFFICER, AS THOSE TERMS 

ARE DEFINED IN SUBDIVISION (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 AND BE FAMILIAR 

WITH THE INFORMATION SUBMITTED IN THE DOCUMENT AND ALL 

ATTACHMENTS THERETO, AND SHALL MAKE INQUIRY OF THOSE 

INDIVIDUALS RESPONSIBLE FOR OBTAINING THE INFORMATION TO 

DETERMINE THAT THE INFORMATION IS TRUE, ACCURATE AND COMPLETE, 

AND EACH OF WHOM SHALL CERTIFY IN WRITING AS FOLLOWS: 

"I HAVE PERSONALLY EXAMINED AND AM FAMILIAR WITH THE 

INFORMATION SUBMITTED IN THIS DOCUMENT AND ALL 

ATTACHMENTS THERETO, AND I CERTIFY THAT BASED ON 

REASONABLE INVESTIGATION, INCLUDING MY INQUIRY OF 

THOSE INDIVIDUALS RESPONSIBLE FOR OBTAINING THE 

INFORMATION, THE SUBMITTED INFORMATION IS TRUE, 

ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE 

AND BELIEF. I UNDERSTAND THAT ANY FALSE STATEMENT 

MADE IN THE SUBMITTED INFORMATION MAY BE PUNISHABLE 

AS A CRIMINAL OFFENSE UNDER SECTION 22a-175 OF THE 

CONNECTICUT GENERAL STATUTES OR, IN ACCORDANCE WITH 

SECTION 22a-6 OF THE CONNECTICUT GENERAL STATUTES, 

UNDER SECTION 53a-157b OF THE CONNECTICUT GENERAL 

STATUTES, AND IN ACCORDANCE WITH ANY OTHER 

APPLICABLE STATUTE." 

(3) THE OWNER OR OPERATOR OF ANY SOURCE SUBJECT TO THE PROVISIONS 

OF CHAPTER 446c OF THE CONNECTICUT GENERAL STATUTES AND 

REGULATIONS ADOPTED THEREUNDER SHALL MAINTAIN ALL DATA FROM 

ANY MONITORING EQUIPMENT AND ALL DOCUMENTS AND REPORTS 

PREPARED FROM SUCH DATA IN A LEGIBLE AND COMPREHENSIBLE FORM 
DRAFT 05/10/02 14 

FOR AT LEAST FIVE (5) YEARS FROM THE DATE SUCH DATA IS GENERATED. 

THE OWNER OR OPERATOR OF ANY SUCH SOURCE SHALL MAINTAIN ALL 

DATA; DOCUMENTS AND REPORTS NECESSARY FOR THE COMMISSIONER TO 

DETERMINE COMPLIANCE WITH AN EMISSION LIMITATION OR STANDARD . 

(4) THE OWNER OR OPERATOR OF ANY CEM EQUIPMENT SHALL RETAIN 

DOCUMENTATION EVIDENCING COMPLIANCE WITH THE SEVEN (7) DAY 

CALIBRATION DRIFT TEST PERFORMED PRIOR TO COMMENCING THE 

INITIAL RELATIVE ACCURACY TEST AUDIT ON THE SUBJECT CEM 

EQUIPMENT REQUIRED PURSUANT TO SUBDIVISION (c)(4) OF THIS SECTION 

IN THE APPLICABLE PERFORMANCE SPECIFICATION OF APPENDIX B OF 40 

CFR 60. 

(5) EACH CALENDAR QUARTER, THE OWNER OR OPERATOR OF ANY OPACITY 

CEM EQUIPMENT REQUIRED PURSUANT TO SUBSECTION (b) OF THIS 

SECTION OR GASEOUS OR OPACITY CEM EQUIPMENT REQUIRED PURSUANT 

TO SUBDIVISION (1) OF THIS SUBSECTION, PERMIT OR ORDER SHALL SUBMIT 

THE FOLLOWING INFORMATION TO THE COMMISSIONER: 

(A) ; THE DATA OBTAINED THROUGH SUCH EQUIPMENT 

DURING THE PRECEDING CALENDAR QUARTER THAT IS 

REQUIRED TO DETERMINE COMPLIANCE WITH AN 

EMISSION LIMITATION OR STANDARD; 

(B) A SUMMARY OF SUCH DATA; 

(C) A COPY OF THE QUALITY ASSURANCE AUDIT 

CONDUCTED FOR THAT CALENDAR QUARTER; AND 

) A SUMMARY OF ALL CORRECTIVE ACTIONS TAKEN IN 

RESPONSE TO A FAILED CEM EQUIPMENT AUDIT_ 

(6) SUBMISSIONS MADE TO COMPLY WITH SUBDIVISION (5) OF THIS 

SUBSECTION SHALL BE MADE NO LATER THAN THIRTY (30) DAYS 

FOLLOWING THE END OF EACH CALENDAR QUARTER. 

(e) THE COMMISSIONER SHALL NOT REQUIRE THE OWNER OR OPERATOR OF A 

SOURCE OF AIR POLLUTION TO MONITOR AIR POLLUTANT EMISSIONS FOR THE 

PURPOSE OF DETERMINING COMPLIANCE WITH CHAPTER 446c OF THE 

CONNECTICUT GENERAL STATUTES AND. REGULATIONS PROMULGATED 

THEREUNDER IF THE OWNER OR OPERATOR OF SUCH SOURCE DEMONSTRATES 

IN WRITING, TO THE COMMISSIONER'S SATISFACTION AND FOR THE 

COMNgSSIONER'S WRITTEN APPROVAL, THAT SUCH SOURCE IS PHYSICALLY 

INCAPABLE OF VIOLATING ANY REQUIREMENT SET FORTH IN CHAPTER 446c OF 

THE CONNECTICUT GENERAL STATUTES AND REGULATIONS PROMULGATED 
DRAFT 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 of Connecticut 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 POLLUTION CONTROL 

EQUIPMENT AND MONITORING EQUIPMENT OPERATION. 

[(a) Equipment or methods which control air pollutant emissions from a 

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 TO PRODUCE 

EMISSIONS OF AIR-POLLUTANTS DURING BREAKDOWN, FAILURE OR 

DELIBERATE SHUTDOWN OF ANY AIR POLLUTION CONTROL EQUIPMENT 

SO AS TO PRODUCE AN EXCEEDANCE OF AN APPLICABLE EMISSION 

LIMITATION OR EMISSION STANDARD, TIE OWNER OR OPERATOR SHALL: 

(1) EXERCISE DUE DILIGENCE TO MINIMIZE EMISSIONS WHILE 

SUCH CONTROL EQUIPMENT IS INOPERATIVE; 

(2) CONTINUE THE USE OF MONITORING EQUIPMENT; AND 

(3) GIVE NOTICE TO THE 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 SUCH AIR 

POLLUTION CONTROL 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 DOWN AIR 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) WHEN AIR POLLUTION CONTROL EQUIPMENT AND 

MONITORING EQUIPMENT IS OPERATED, THE EMISSIONS 

CONTROLLED AND MEASURED BY SUCH EQUIPMENT MAY BE USED 

TO GENERATE CREDITS IN AN EMISSIONS CREDIT TRADING 

PROGRAM ADMINISTERED BY EPA OR THE DEPARTMENT: 

[(c) In the case of breakdown, 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 if the 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 

NO PERSON MAY TAMPER WITH, 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 OR DELIBERATE SHUTDOWN 

OF AIR POLLUTION CONTROL EQUIPMENT OR MONITORING EQUIPMENT 

CONTINUES FOR MORE THAN TWENTY-FOUR (24) HOURS AND THE SOURCE 

OPERATES AT ANY TIME AFTER THE EXPIRATION OF .TWENTY~-FOUR 

HOURS AND DURING SOURCE OPERATION AFTER THE BREAKDOWN, 

FAILURE OR DELIBERATE SHUTDOWN AN EXCEEDANCE OF AN EMISSION 

LIMITATION OR STANDARD OCCURS, THE OWNER OR OPERATOR SHALL 

SUBMIT A WRITTEN NOTICE TO THE COMMISSIONER POSTMARKED 

WI'PHIN TEN (10) DAYS-OF THE COMMENCEMENT OF THE BREAKDOWN, 

FAILURE OR DELIBERATE SHUTDOWN. SUCH WRITTEN NOTICE SHALL 

I ~LUDE, BUT IS NOT LIMITED TO 

, 

THE FOLLOWING: NC 
DRAFT 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 TO THE BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN, as 

well as INFORMATION CONCERNING its location, and, where applicable, registration 

or permit number; 

[(2) The expected length of time that the air pollution control equipment or 

instrument will be out of service;] 

THE DATE, TIME, DURATION., EXPLANATION AND 

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 PRIOR TO THE BREAKDOWN3 

FAILURE OR DELIBERATE SHUTDOWNI INCLUDING A DESCRIPTION OF ` 

INSPECTION FINDINGS AND ANY MAINTENANCE CONDUCTED; 

(5) A DESCRIPTION OF ALL MEASURES THAT THE OWNER OR 

OPERATOR HAS TAKEN OR WILL TAKE TO RESUME OPERATION OF THE AIR 

POLLUTION CONTROL OR MONITORING EQUIPMENT; AND 

[(4)](6) [Measures such as the use of off-shift labor and equipment that 

will be taken] A DESCRIPTION OF ALL MEASURES TAKEN AND CONTINUING 

TO BE TAKEN to minimize the length of the shutdown period SUCH AS THE USE OF 

OFF-SHIFT LABOR AND EQUIPMENT_ . 

[(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 OWNER OR 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 AIR POLLUTION CONTROL OR MONITORING EQUIPMENT 

REQUIRED TO BE OPERATED BY PERMIT, ORDER OR REGULATION: 
DRAFT 05/10/02 

(A) THE OWNER OR OPERATOR REASONABLY EXPECTS THE 

BREAKDOWN, FAILURE OR DELIBERATE SHUTDOWN TO CONTINUE , 

FOR MORE THAN 24 HOURS; AND 

(B) THE OWNER OR OPERATOR ANTICIPATES OPERATING 

THE SOURCE AT ANY TIME AFTER THE EXPIRATION OF TWENTYFOUR HOURS. 

(2) NOTIFICATION TO COMPLY WITH THIS SUBSECTION SHALL BE 

MADE BY TELEPHONE, ELECTRONIC MAIL, FACSIMILE OR IN PERSON 

IMMEDIATELY AFTER THE BREAKDOWN, FAILURE OR DELIBERATE 

SHUTDOWN OCCURRED OR IS DISCOVERED OR IN THE EXERCISE OF 

REASONABLE CARE SHOULD HAVE BEEN DISCOVERED, AND IN NO CASE 

SHALL SUCH NOTICE BE SUBMITTED LATER THAN TWO (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 OR THE 

OPERATION REQUIREMENTS OF SUBSECTION (b) OF THIS SECTION SHALL 

NOT RELIEVE THE OWNER OR OPERATOR FROM COMPLYING WITH ALL 

APPLICABLE EMISSION LIMITATIONS AND EMISSION STANDARDS. TBE 

COMMISSIONER MAY TAKE ANY ENFORCEMENT ACTION, INCLUDING 

REQUIRING THE OWNER OR OPERATOR TO CEASE OPERATION OF THE 

STATIONARY SOURCE; OR ATTACH ANY CONDITION TO THE OPERATION 

OF THE STATIONARY SOURCE DURING THE PERIOD OF ANY BREAKDOWN, 

FAILURE OR DELIBERATE SHUTDOWN OF AIR POLLUTION CONTROL OR 

MONITORING EQUIPMENT. NOTHING IN THIS SECTION OR ANY NOTICE 

SUBMITTED PURSUANT TO THIS SECTION SHALL EXCUSE NONCOMPLIANCE WITH ANY APPLICABLE EMISSION LIIVIITATION OR EMISSION 

STANDARD AND OTHER APPLICABLE REQUIREMENTS OR PRECLUDE THE 

COMMISSIONER FROM TAKING ANY ACTION NECESSARY TO PROTECT 

HUMAN HEALTH AND THE 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 

FOR THE STATIONARY SOURCE ISSUED BY THE DEPARTMENT; OR 

r~ (2) THE OWNER OR OPERATOR DELIBERATELY SHUTS DOWN AIR 

POLLUTION CONTROL OR MONITORING EQUIPMENT IN ACCORDANCE 

WITH SUBDIVISION (2) OF SUBSECTION (b) OF THIS SECTION, 
DRAFT 05/10/02 

[(e) In addition to the requirements of subsections (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) if the 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 of the occurrence of the 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 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 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 perform a stack test for dioxin 

emissions within forty-five (45) days of the 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 of the 
DRAFT 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 may institute 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 minimiun, 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 of this 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 of this subsection the plan must be submitted and approved as 

part of the permit to operate required under subsection 22a-174-3 (f) . 

(1) A description of how the hourly average combustion efficiency of the 

resources recovery facility will be determined including the substances to be monitored 

and the formulas to be used to calculate the combustion efficiency if the determination is 

different than that specified in the definition of combustion efficiency in Section 22a174-1 . 

(2) A description of the 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 along with any 

required meteorological instruments. 

. 

(3) A description 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 of procedures 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 of backup 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.