EXHIBIT A 

RCSA Section 22a-174-38 

Marked to Show Revisions 

Effective July 7, 2008 
Section 22a-174-38 of the Regulations of Connecticut State Agencies is amended to .read as 

follows : 

Sec. 22a-174-38. Municipal Waste Combustors. 

(a) Definitions. For purposes of this section: 

(1) "Calendar quarter" means a consecutive three-month period (nonoverlapping) beginning 

on January 1, April 1, July 1 or October 1 . 

(2,) "Calendar year" means the twelve consecutive month period starting on January 1 and 

ending on December 31 . 

[(2)](3)"Chief operator" means an individual who is in direct charge of the operation of a 

municipal waste combustor plant and who is responsible for overall on-site supervision, 

technical direction, management and performance of the plant. 

[(3) "Cofired combustor" means an emissions unit that combusts municipal solid waste with 

nonmunicipal solid waste fuel (e .g., coal, industrial process waste) and that is subject to a 

federally enforceable permit limiting the unit to combusting a fuel feed stream, thirty percent 

(30%) or less of the weight of which is composed, in the aggregate, of municipal solid waste as 

measured on a calendar quarter basis .] 

(4) "Continuous burning" means the continuous, semi-continuous or batch feeding of 

municipal solid waste for purposes of waste disposal, energy production or providing heat to the 

combustion system in preparation for waste disposal or energy production . Continuous burning 

does not include the use of municipal solid waste solely to provide thermal protection of the 

grate or hearth during the startup period when municipal solid waste is not being fed to the grate . 

(5) "Continuous emission monitoring system" or "CEM system" means a monitoring system 

for continuously measuring the emissions of any pollutant from a MWC unit . 

(6) "Dioxin/furan" means tetra-chlorinated dibenzo-p-dioxins and dibenzofurans through 

octa- chlorinated dibenzo-p-dioxins and dibenzofurans. 

(7) "Dscf/mmBTU" means dry cubic feet at standard conditions per million British thermal 

unit. 

(8,) "Eight-hour block average" or "8-hour block average" means the arithmetic mean of all 

hourly emission concentrations or parameter levels when a municipal waste combustor unit is 

operating and combusting municipal solid waste measured over any of the following three 8-

hour periods of time: midnight to 8 a.m. : 8 a.m. to 4 n.m. : or 4 p.m. to midnight 

[(8)] (9) "F-factor," "fc" or "fd" means a ratio of combustion gas [volumes] volume to heat 

[inputs] input either unit-specific or as defined in 40 CFR 60, Appendix A, Method 19. 
19](10) "Four-hour block average" or "4-hour block average" means the [average] 

arithmetic mean of all hourly emission concentrations or parameter levels when a municipal 

waste combustor unit is operating and combusting municipal solid waste measured over any of 

the following six 4-hour periods [from] of time : midnight to 4 a.m.[,] i 4 a.m. to 8 a.m.[,] i 8 

a.m. to noon[,] i noon to 4 p.m. [,] 2 4 p.m. to 8 p.m. [,] i [and] or 8 p.m. to midnight. 

[(10)] 11 "Historical actual twenty-four hour daily NOx average" means one or more 

calendar years of CEM data from no earlier than 1994 or another period of data approved by the 

commissioner as representative of NOx emissions. 

[(11)] 12 "Malfunction" means any sudden, infrequent and not reasonably preventable 

failure of air pollution control equipment, process equipment or a process to operate in a normal 

or usual manner. A failure that is caused in part by poor maintenance or negligent or careless 

operation shall not be considered a malfunction. 

[(12)] 13 "Mass burn waterwall combustor" means a field-erected combustor that combusts 

primarily unprocessed municipal solid waste (i .e ., municipal solid waste that is not processedmunicipal solid waste) in a waterwall furnace . 

[(13)] (14) "Maximum demonstrated municipal waste combustor unit load" means the 

highest 4-hour block [arithmetic] average municipal waste combustor unit load achieved during 

four consecutive hours of operation that corresponds to a test run during the most recent 

dioxin/furan emissions performance test that demonstrates compliance with the applicable limit 

for dioxin/furan specified in subsection (c) of this section. 

[(14)] 15 "Maximum demonstrated particulate matter control device temperature" means 

the highest 4-hour block [arithmetic] average flue gas temperature measured at the particulate 

matter control device inlet during four consecutive hours of operation that corresponds to a test 

run during the most recent dioxin/furan emissions performance test that demonstrates 

compliance with the applicable limit for dioxin/furan specified in subsection (c) of this section. 

[(15)] 1~6,) "mg/dscm" means milligrams of air pollutant per dry standard cubic meter. 

[(16)] 1~7,) "Modification" means "modification or modified municipal waste combustor 

unit" as defined in 40 CFR 60.51 b . 

[(17)] 18 "Municipal solid waste" means municipal solid waste as defined in section 22a207 of the Connecticut General Statutes. 

[(18)] 19 "Municipal waste combustor," "municipal waste combustor unit" or "MWC" 

means any part or activity of any stationary source which part or activity emits or has the 

potential to emit any regulated air pollutant or any hazardous air pollutant, exclusive of 

associated air .pollution control equipment, that combusts municipal solid waste, inclusive of 

those emissions units constructed prior to January 1, 2007 combusting a single-item waste stream 

of tires. Combustors that combust landfill gases collected by landfill gas collection systems are 

not municipal waste combustors. 
[(19)] 20 "Municipal waste combustor plant" or "plant" means any premises at which one 

or more municipal waste combustor units are situated. 

[(20)] 2~1,) "Municipal waste combustor unit load" means the rate at which steam is produced 

at a municipal waste combustor (measured in lbs/hr or kg/hr) . 

[(21)] 22 "ng/dscm" means nanograms of air pollutant per dry standard cubic meter. 

[(22)] 23 "NOx Emissions Reductions Credit" or "ERC" means an air pollutant reduction 

created in the nitrogen oxides emissions trading program described by this section. 

[(23)] (24) "NOx Trading Baseline" means that value, determined as specified in subsection 

(d) of this section, used to calculate the quantity of ERCs created or used by a MWC unit. 

[(24)] 25 "Ozone season" means the period of any calendar year beginning on May 1 and 

ending on September 30. 

[(25)] 26 "Premises" means the grouping of all stationary sources at any one location and 

owned by or under the control of the same person or persons. 

[(26)] 27 "Processed-municipal solid waste" means a type of municipal solid waste 

produced by sorting municipal solid waste by size and/or altering the size of municipal solid 

waste through mechanical means. 

[(27)] (28) "Processed-municipal solid waste combustor" means a steam-generating MWC 

that burns processed-municipal solid waste in a semisuspension firing mode using air-fed 

distributors . 

[(28)] 29 "Reciprocating grate waste tire fired incinerator/boiler" means a combustor that 

burns tires as its principal fuel . 

[(29)] 30 "Scf/mmBTU" means cubic feet at standard conditions per million British thermal 

unit. 

[(30)] (31) "Shift operator" means an individual who is in direct charge of the operation of a 

shift of a municipal waste combustor plant and who is responsible for on-site supervision, 

technical direction, management and overall performance of the plant during a shift. 

[(31)] 3~2,) "Shutdown period" means the period of time commencing when a municipal 

waste combustor operator discontinues the feed of municipal solid waste to the combustor in 

order to cease operation. 

[(32)] 33 "Six-minute arithmetic average" or "6-minute arithmetic average" means the 

arithmetic mean calculated from thirty-six (36) or more data points equally spaced over each 6-

minute period . 

[(33)] 04 "Standard conditions" means a temperature of 20 degrees centigrade and a 

pressure of 101 .3 kilopascals. 
[(34)] t15) "Startup period" means that period of time commencing when a municipal waste 

combustor begins the continuous burning of municipal solid waste, exclusive of any warmup 

period when a municipal waste combustor is combusting fossil fuel or other nonmunicipal solid 

waste fuel, and no municipal solid waste is being fed to the combustor. 

[(35)] (L6) "Total mass" or "total mass dioxin/furan" means the total mass of tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using EPA Reference 

Method 23 and the procedures specified under subsection (i)(4) of this section. 

[(36)] 37 "Twenty-four hour daily average" means the arithmetic mean of all hourly 

emission concentrations as required by this section when a unit is operating and combusting 

municipal solid waste measured over a 24-hour period between midnight and the following 

midnight. 

[(37)] (38) "Twenty-four hour daily geometric average" means the geometric mean of hourly 

emission concentrations [regulated] as required by this section when a unit is operating and 

combusting municipal solid waste measured over a 24-hour period between midnight and the 

following midnight. The geometric mean shall be calculated using the following equation: 

n 

[l/nY. [ln(Eh)JJ 

j=1 

Ega 

,1 Y_ [in( Ai )11 

G = e 

'i=1 

e 

where: 

[Ega] G = daily geometric average pollutant concentration, corrected to 7% 02 or 

equivalent percent C02; 

[EhJ] A = [hourly] arithmetic average pollutant concentration or hour ' 

corrected to 7% 02 or equivalent percent C02; 

n = total number of hourly averages for which pollutant concentrations are 

available within the 24 hour midnight to midnight daily period; 

ln = the natural log [of the indicated value] unction; and 

e = the natural logarithmic base (2.718) [raised to the value enclosed by the 

brackets] . 

[(38)] 3~9,) "Waterwall furnace" means a combustion unit having energy (heat) recovery in 

the furnace (i .e ., radiant heat transfer section) of the combustor. 
(b) Applicability. 

(1) This section shall apply to the owner or operator of any municipal waste combustor[.] 

except for a MWC unit that meets the conditions of either subparagraph (A) or (B of this 

subdivision: 

(A) The unit is subject to 40 CFR 60 Subpart Eb and the owner has obtained for that 

unit a permit issued under section 22a-174-3a of the Regulations of Connecticut 

State Agencies, which permit contains emission limits at least as stringent as 

those stated in subsection (c) of this section for sulfur oxides and mercury; or 

The unit is subject to 40 CFR 60 Subpart AAAA and the owner has obtained for 

that unit a permit issued under section 22a-174-3a of the Regulations of 

Connecticut State Agencies, which permit contains emission limits at least as 

stringent as those stated in subsection (c) of this section for sulfur oxides and 

mercury. 

(2) A physical or operational change including installation of control equipment made to a 

municipal waste combustor primarily to comply with any emission standard required by 

permit, order or regulation is not considered in determining whether the unit is a modified 

or reconstructed facility under this section. 

(3) The owner or operator of any municipal waste combustor required to have a permit under 

section 3005 of the Solid Waste Disposal Act (42 U.S.C.A. section 6925) is not subject to 

this section for the operation of such unit. 

(4) The owner or operator of any recycling facility as defined in section 22a-207 of the 

general statues, including a primary or secondary smelter, that combusts waste for the 

primary purpose of recovering metals is not subject to this section for the operation of 

such unit. 

(5) 

[(6) 

[This section shall not apply to] The owner or operator of a cement [kilns] kiln firing 

municipal solid waste is not subject to this section for the operation of such unit. 

The owner or operator of any cofired combustor is not subject to this section provided 

such owner or operator : 

(A) Notifies the commissioner in writing prior to the compliance date indicated in 

subsection (m) of this section that the owner or operator claims such combustor is 

not subject to this section, if the cofired combustor is an existing unit, or such 

owner or operator notifies the commissioner in writing prior to commencing 

operation, if the cofired combustor is a unit for which construction commences 

after the effective date of this section; 

(B) Provides the commissioner with a copy of the federally enforceable permit 

limiting the unit to combusting a fuel feed stream, thirty percent (30%) or less of 

the weight of which is composed, in the aggregate, of municipal solid waste as 

measured on a calendar quarter basis; 
(C) Records on a calendar quarter basis the weight of municipal solid waste 

combusted at the cofired combustor and the weight of all other fuels combusted at 

the cofired combustor; and 

(D) Maintains the records required by subparagraph (C) of this subdivision at the 

premises for a period of five (5) years from the date of the record's creation and 

makes such records available to the commissioner or administrator upon request.] 

(6,) The owner or operator of a municipal .waste combustor unit to which this section qpplies 

shall not be subject to section 22a-174-22 of the Regulations of Connecticut State Agencies for 

such unit . 

(c) Emission limits . 

(1) [On and after the date specified in subsection (m) of this section, no] No owner or 

operator of a municipal waste combustor [for which construction commenced prior to September 

20, 1994] unit subject to this section shall cause or allow the emission from such unit of any air 

pollutant in excess of the applicable emission limit identified in [Tables] Table 38-1 [and 38-1a] 

of this subdivision. 
Table 38-1. Air Pollutant Emission Limits [for MWCs for which Construction 

Air pollutant Emission limit 

Particulate matter [27] 25 mg/dscm 

Cadmium [0 .040] 0.035 mg/dscm 

Lead [0.44] 0.400 mg/dscm 

Mercury [0.080] 0 .028 mg/dscm, or 85% reduction by 

weight measured as required by [subdivision (7) 

of] subsection (c)(D of this section 

Sulfur dioxide -- 51 parts per million by volume (ppmvd), or 

Reciprocating grate 75% reduction by weight or volume measured 

waste tire fired as required by [subdivision (7) of] subsection 

incineratorlboilers (c)(D of this section 

Sulfur dioxide -- 29 parts per million by volume (ppmvd), or 

Mass burn waterwall 80% reduction by weight or volume measured 

combustors for which as required by [subdivision (7) of] subsection 

construction (c)(7,) of this section 

commenced after 

December 20, 1989 

Sulfur dioxide -- 29 parts per million by volume (ppmvd), or 

All other MWCs 75% reduction by weight or volume measured 

as required by [subdivision (7) of] subsection 

(c)(D of this section 

Hydrogen chloride 29 parts per million by volume (ppmvd), or 

95% reduction by weight or volume measured 

as required by [subdivision (7) of] subsection 

(c)Q of this section 

Hydrogen chloride -- 25 parts per million by volume (ppmvd), or 

Mass burn waterwall 95% reduction by weight or volume measured 

combustors for which as required by [subdivision (7) of] subsection 

construction (c)(7,) of this section 

commenced after 

December 20, 1989 

Dioxin/furan 30 ng/dscm total mass 

Opacity 10% 

Commenced Prior to September 20, 19941. 
[Table 38-1a. Additional Air Pollutant Emisson Limits for MWCs for which Construction 

Commenced Prior to September 20, 1994- 

Air pollutant Emission limit 

Mercury I 0 .028 mg/dscm, or 85% reduction by weight measured as 

required by subdivision (7) of subsection (c) of this section 

] 

(2) [On and after the date specified in subsection (m) of this section, no owner or operator of 

a municipal waste combustor for which construction, modification or reconstruction commenced 

on or after September 20, 1994 shall cause or allow the emission of any air pollutant in excess of 

the applicable emission limit identified in Tables 38-2 and 38-2a of this subdivision.] Reserved. 

[Table 38-2. Air Pollutant Emission Limits for MWCs for which Construction, 

Modification or Reconstruction Commenced on or after September 20, 1994. 

I Air pollutant Emission limit 

Particulate matter (PM) 24 mg/dscm 

Cadmium (Cd) 0.020 mg/dscm 

Lead (Pb) 0.20 mg/dscm 

Mercury (Hg) 0.080 mg/dscm, or 85% reduction by weight 

measured as required by subdivision (7) of 

subsection (c) of this section 

Sulfur dioxide (SOZ) 29 ppmvd, or 80% reduction by weight or 

volume measured as required by subdivision (7) 

of subsection (c) of this section 

Hydrogen chloride (HCl) 25 ppmvd, or 95% reduction by weight or 

volume measured as required by subdivision (7) 

of subsection (c) of this section 

Dioxin/furan 13 ng/dscm total mass 

Opacity 10% 
Table 38-2a. Additional Air Pollutant Emission Limits for MWCs for which Construction, 

Modification or Reconstruction Commenced on or after September 20, 1994. 

Air pollutant Emission limit 

Mercury I 0.028 mg/dscm, or 85% reduction by weight measured as required by 

subdivision (7) of subsection (c) of this section 

] 

(3) Continuous compliance with the particulate matter, cadmium, lead, mercury, hydrogen 

chloride and/or dioxin/furan emission limits shall be determined based on an initial performance 

test, annual performance test or other appropriate performance test, as determined in writing by 

the commissioner_, unless otherwise allowed by this section. Such tests shall be performed as 

required by subsection (i) of this section. 

(4) Continuous compliance with the sulfur dioxide emission limits contained herein shall be 

based on a 24-hour daily geometric average of the hourly arithmetic average emission 

concentrations using CEM system outlet data if compliance is based on an emission 

concentration, or CEM system inlet and outlet data if compliance is based on a percent reduction. 

(5) Continuous compliance with the opacity emission limit contained herein shall be based 

on a six-minute arithmetic average. 

(6) For an air pollutant for which this subsection provides for an emission limit measured 

either as a concentration or as a percentage reduction by weight or volume, the less stringent 

emission limit shall prevail. 

(7) For an air pollutant for which this subsection provides for an emission limit measured 

either as a percent reduction by weight or a percent reduction by volume, compliance shall be 

determined by measuring the concentration of air pollutant at the outlet of the air pollution 

control device that discharges directly to the stack, subtracting it from the concentration at the 

inlet of the air pollution control device that receives exhaust gases directly from the combustion 

chamber, dividing the difference by the concentration of air pollutant at the inlet to the air 

pollution control device that receives exhaust gases directly from the combustion chamber and 

then multiplying that result by a factor of one-hundred (100). 

(8) [On and after the date specified in subsection (m) of this section, no] No owner or 

operator of a municipal waste combustor shall cause or allow the emission of nitrogen oxides 

(NOx) in excess of the applicable emission limit identified in [Tables 38-3 and 38-3a] Table 38-2 

of this subdivision. 
10 

[ Table 38-3. Nitrogen Oxides Emission Limits . 

Nitrogen oxides emission 

limit, measured in parts 

per million volume, 

Municipal waste combustor technology corrected to seven percent 

oxygen, dry basis, or 

equivalent percentage 

carbon dioxide as specified 

in subdivision (12) of this 

subsection 

Mass burn refractory combustor 185 

Mass burn waterwall combustor for which construction 205 

commenced on or before December 20, 1989 

Mass burn waterwall combustor for which construction 180 

commenced after December 20, 1989 and on or before 

September 20, 1994 

Mass burn waterwall combustor for which construction 180 for the one-year period 

commenced after September 20, 1994 beginning on the date of 

completion of the initial 

performance test required by 

this section, and 

150 for that period of time 

subsequent to the one-year 

period identified above 

Processed-municipal solid waste combustor 220 

Reciprocating grate waste tire fired incinerator/boiler 79 
11 

Table 38-3a. Additional Nitrogen Oxides Emission Limits . 

Nitogen oxides emission 

limit, measured in 

parts per million 

Municipal waste combustor technology volume, corrected to 

seven percent oxygen, 

dry basis, or equivalent 

percentage carbon 

dioxide as specified in 

subdivision (12) of this 

subsection 

Mass burn refractory combustor ' 177 

Mass burn waterwall combustor for which construction 200 

commenced on or before December 31, 1985 . 

Mass burn waterwall combustor for which construction 177 

commenced after December 31, 1985 and on or before 

September 20, 1994 

Mass burn waterwall combustor for which construction 177 for the one-year 

commenced after September 20, 1994 period beginning on the 

date of completion of the 

initial performance test 

required by this section, 

and 

150 for that period of 

time subsequent to the 

one-year period 

identified above 

Processed-municipal solid waste combustor 146 
12 

Table 38-2. Nitrogen Oxides Emission Limits. 

unicipal waste combustor technolozy 

Nitrogen oxides emission 

limit, measured in parts 

per million volume, 

corrected to seven percent 

oxygen, dry basis, or 

equivalent percentag e 

carbon dioxide as specified 

in subdivision (12) of this 

subsection 

Mass burn refractory combustor 177 

i Mass burn waterwall combustor for which construction 200 

commenced on or before December 31, 1985 

_ 

Mass burn waterwall combustor for which construction 177 

commenced after December 31, 1985 

_ 

Processed-municipal solid waste combustor 146 

Reciprocating grate waste tire fired incinerator/boiler 79 

(9) Continuous compliance with the nitrogen oxides emission limits contained herein shall be 

based on a 24-hour daily [arithmetic] average. 

(10) [On and after the date specified in subsection (m) of this section, no] No owner or 

operator of a municipal waste combustor unit subject to this section shall cause or allow an 

emission of carbon monoxide in excess of the applicable emission limit identified in Table [38-4] 

38-3 of this subdivision. 
13 

[Table 38-4. ] Table 38-3 . Carbon Monoxide Emission Limits. 

Carbon monoxide 

emission limit, measured 

in parts per million 

Municipal waste volume at the combustor Averaging time, in hours, 

combustor technology outlet and corrected to calculated as an 

seven percent oxygen, arithmetic average 

dry basis, or equivalent 

percentage carbon 

dioxide as specified in 

subdivision (c)(12) of this 

section 

Mass burn refractory 100 4 

combustor 

Mass burn waterwall 100 4 

combustor 

Processed-municipal solid 200 24 

waste combustor [ for 

which construction 

commenced prior to 

September 20, 1994 ] 

[ Processed-municipal [ 150 ] [ 24 ] 

solid waste combustor for 

which construction 

commenced on or after 

September 20, 1994 ] 

Reciprocating grate waste 180 4 

tire fired incinerator/boiler 

(11) The emission limits and operating requirements of this section shall apply at all times 

except during periods of startup, shutdown or malfunction as provided in this subdivision: 

(A) [The] For determining compliance with an applicable carbon monoxide emissions 

limit if a loss of boiler water level control or a loss of combustion air control is 

determined to be a malfunction, the duration of the malfunction period shall be 

limited to fifteen (15) hours per occurrence . Otherwise, the duration of each 

startup, shutdown or malfunction period shall be limited to three hours per 

occurrence for all MWC units; 

(B) For the purpose of compliance with the opacity emission limits, during each 

period of startup, shutdown or malfunction, the opacity limits shall not be 
14 

exceeded during more than five (5) 6-minute arithmetic average measurements; 

and 

(C) [For determining compliance with an applicable carbon monoxide emissions 

limit, if a loss of boiler water level control or a loss of combustion air control is 

determined to be a malfunction, the duration of the malfunction period shall be 

limited to fifteen (15) hours per occurrence .] During periods of startup, shutdown, 

or malfunction, monitoring data shall be excluded from calculations of 

compliance with the emission limits and operating requirements of this 

subdivision but shall be recorded and reported in accordance with subsections (k) 

and (Z) of this section. 

(12) All emission limits in this subsection, except for those identified for opacity, shall be 

corrected to seven percent oxygen (7% 02), unless the owner or operator submits information to 

justify a correction to an equivalent percent carbon dioxide (% C02) and receives the 

commissioner's written approval . If the owner or operator of a MWC seeks to use an equivalent 

% CO2, the owner or operator must demonstrate the relationship between OZ and COZ levels as 

specified in [subparagraph (J) of subdivision (4) of] subsection (i) 4 J of this section and 

submit a written report to the commissioner summarizing the results of the demonstration. This 

relationship may be reestablished during any performance test conducted pursuant to subsection 

(i) of this section. 

(13) [During the operation of a MWC unit, the carbon injection system operating parameter(s) 

that are the primary indicator(s) of the carbon mass feed rate (e.g ., screw feeder setting) must 

equal or exceed the level(s) documented during the performance tests specified under subsection 

(i) of this section, based on a 24-hour daily average.] Reserved. 

(14) Notwithstanding subparagraphs (D), (E) and (F) of subdivision (4) of subsection (i) of 

this section, for the purpose of submitting compliance certifications or for the purpose of the 

commissioner establishing whether the owner or operator has violated or is in violation of any 

emission limit or standard in this subdivision, nothing shall preclude the commissioner's use, 

including the exclusive use, of any appropriate performance test results, credible evidence or 

information relevant to demonstrating compliance with the applicable requirements of this 

section. 

(15) Notwithstanding subdivision (12) of this subsection, the owner or operator of a 

reciprocating grate waste tire fired incinerator/boiler shall correct all emission limits, except for 

those identified for opacity, to 12% CO2. 
15 

(d) Nitrogen oxides (NOx) emissions trading program. 

(1) The owner or operator of a MWC unit for which construction commenced prior to 

December 20, 1989 may use emissions trading to meet some or all of the NOx emission 

reductions required for compliance with the emission limits in [subdivision (8) of] subsection 

(c)(8) of this section, subject to the limitations described in this subsection for the NOx 

emissions trading program. 

(2) The owner or operator of a municipal waste combustor for which construction 

commenced on or after December 20, 1989 may participate in the NOx emissions trading 

program described in this subsection as follows: 

(A) Such owner or operator may not use NOx Emission Reduction Credits (ERCs) to 

comply with the applicable NOx emission limits in subsection (c) of this section; 

and 

(B) Such owner or operator may create ERCs in accordance with the requirements of 

this subsection if actual NOx emissions from a unit are lower than the applicable 

NOx emission limits in subsection (c) of this section and lower than any 

applicable NOx Trading Baseline . 

(3) For inclusion in the NOx emissions trading program, an owner or operator of a municipal 

waste combustor unit shall submit a NOx trading protocol to the commissioner for review and 

written approval on or before December 1, 1999. The protocol shall include, at a minimum: 

(A) A formal request to participate in the NOx trading program; 

(B) A NOx Trading Baseline and supporting data. The NOx Trading Baseline shall 

be determined as follows : 

(i) If the historical actual twenty-four hour daily NOx average (ppmv @ 7% 

02 or ppmv @ an equivalent % C02, as specified in subdivision (12) of 

subsection (c) of this section) is higher than the applicable NOx limit set 

forth in subsection (c) of this section, then the applicable subsection (c) 

NOx limit shall be the NOx Trading Baseline, 

(ii) If the historical actual twenty-four hour daily NOx average (ppmv @ 7% 

02 or ppmv @ an equivalent % C02, as specified in subdivision (12) of 

subsection (c) of this section) is lower than the applicable NOx limit set 

forth in subsection (c) of this section and such lower average 

concentration is the result of installation of control equipment or 

modification of a MWC unit solely for the purposes of meeting the 

requirements of this regulation or section 22a-174-22 of the Regulations of 

Connecticut State Agencies, then the applicable NOx limit of subsection 

(c) of this section shall be the NOx Trading Baseline. Control equipment 

or modifications installed prior to 1990, or installed on new sources since 

1990 or installed to meet BACT or LAER requirements shall not be 
16 

considered as having been installed as a result of the requirements of this 

section or section 22a-174-22, or 

(iii) If the historical actual twenty-four hour daily NOx average (ppmv @ 7% 

02 or ppmv @ an equivalent % C02, as specified in [subdivision (12) of] 

subsection (c) l2 of this section) is lower than the applicable NOx limit 

set forth in subsection (c) of this section, then a NOx Trading Baseline 

shall be established based on the historical actual twenty-four hour daily 

NOx average; 

(C) A detailed methodology for determining and recording hourly heat input 

(mmBTU/hr); and 

(D) All calculations, using the formulas provided in [subparagraph (E) of] subdivision 

(4)(E) of this subsection, of the number of ERCs created and/or used. 

Calculations shall specify unit-specific values for NOx limits, f-factors and COZ 

correction factors, as applicable. 

(4) The owner or operator of a municipal waste combustor unit participating in the MWC 

NOx emissions trading program shall use the following methodology to determine on a daily 

basis the quantity of ERCs created or used : 

(A) Calculate NOx Daily Average Concentration (24-hour block arithmetic average 

basis) and compare it to the applicable NOx limit of [subdivision (8) of] 

subsection (c)LU of this section; 

(B) If the NOx Daily Average Concentration is greater than the applicable NOx limit 

of [subdivision (8) ofJ subsection (c)(8) of this section, then calculate the number 

of ERCs used; 

(C) If the NOx Daily Average Concentration is less than the applicable NOx limit of 

[subdivision (8) of] subsection (c)(8) of this section but greater than the NOx 

Trading Baseline, then ERCs shall neither be used nor created; 

(D) If the NOx Daily Average Concentration is less than the NOx Trading Baseline, 

calculate the number of ERCs created; and 

(E) Use the following formulas to calculate the number of ERCs used or created : 

[ 

lbs ERCs used = 

[NOx Daily Average Concentration - (0.95 x applicable NOx limit of 

subdivision (8) of subsection (c) of this section)] 

x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] 

x [Daily Heat Input Rate Average] 

x [# of Actual Operating Hours in the Daily Averaging Period] 

] 

lbs ERCs used = 
17 

[NOx Daily Average Concentration - (0.95 x applicable NOx limit of 

subsection (c)(8) of this section)] 

x [1 .194 x 10-7 ] x jDiluent Correction] x ff-factorl 

x [Daily Heat Input Rate Average] 

x [# of Actual Operating Hours in the Daily Averaging Period] 

lbs ERCs created = 

[NOx Trading Baseline - NOx Daily Average Concentration] 

x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] 

x [Daily Heat Input Rate Average] 

x [# of Actual Operating Hours in the Daily Averaging Period] 

x [0.85] 

where: 

NOx Daily Average Concentration: Average of all valid hourly NOx values 

(ppmvd @ 7% OZ or ppmv @ an equivalent % C02) recorded during the Daily 

Averaging Period . 

1.194 x 10-7 : NOx concentration conversion factor . 

Diluent Correction : If 02 is used as the diluent, then the diluent correction = 

[20.9 / 20.9 - 7] . If C02 is used as the diluent, then the 

diluent correction = [100 / equivalent % C02] . 

f-factor : If 02 is used as the diluent, then fd is in the units of dscf/mmBTU. If 

C02 is used as the diluent, then fc is in the units of scf/mmBTU. An f-factor may 

be either unit-specific or adopted from Table 19-1 in 40 CFR [Part] 60, Appendix 

A, Method 19. 

Daily Heat Input Rate Average: Average of all valid hourly Heat Input Rate 

values (mmBTU/hr) recorded during the Daily Averaging Period . 

Daily Averaging Period : The total of all operating hours in a day during which 

municipal solid waste is being fed to a boiler and/or when the boiler load is at 

least 75% of maximum rated capacity . 

NOx Trading Baseline : The NOx concentration used as the baseline from which 

ERC creation is determined. The Trading Baseline will be the applicable NOx 

limit of [subdivision (8) of] subsection (c)(8) of this section or, if the historical 

actual daily average concentration is less than the applicable NOx limit of 

[subdivision (8) of ] subsection (c)M of this section, the value established by the 

commissioner (ppmvd @ 7% 02 or ppmv @ an equivalent % C02). 

0.85: This factor represents 10% ERC retirement for environmental benefits and 

5% retirement for heat input measurement uncertainties. If the owner or operator 

installs and calibrates exhaust gas flow monitors in a manner acceptable to the 

commissioner, certifies that the equipment specifications have been met and are 
18 

being met and uses such monitors to determine heat input to the unit, then 0 .90 

can be substituted for 0 .85 . 

(5) Any MWC owner or operator seeking to create ERCs pursuant to this subsection shall : 

(A) In accordance with subsection (k) of this section, maintain records for each MWC 

unit showing daily NOx mass emissions, actual NOx concentrations (24-hour 

average), daily operating hours and ERCs created; [and] 

(B) Submit a written request to the commissioner for approval of ERCs created prior 

to the use, sale or transfer of such ERCs. Such request shall include the following 

minimum information: 

(i) the monthly operating reports of actual fuel use in mmBTU, 

(ii) the daily actual NOx mass emissions and NOx concentrations (24-hour 

average), 

(iii) the number of valid data hours in each 24-hour period for which approval 

is requested, 

(iv) the number of operating hours per day, and 

(v) the quantity of ERCs created[.] ; and 

Create all such ERCs prior to January l, 2009 . 

(6) Any MWC owner or operator intending to use ERCs pursuant to this subsection shall: 

(A) No later than the first day of each calendar month, calculate, in tons, ERCs per 

month for each MWC unit, the projected maximum number of ERCs required for 

that calendar month using the formulas provided in [subparagraph (E) of] 

subdivision (4)LE) of this subsection; 

(B) No later than the first day of each calendar month, acquire a sufficient number of 

ERCs approved by the commissioner to match the quantity needed as determined 

according to subparagraph (A) of this subdivision. The quantity needed may be 

satisfied with unused ERCs created or acquired in previous months, subject to the 

restrictions of subparagraph (D) of this subdivision. Credits to be used during the 

ozone season must have been generated during the ozone season; 

(C) No later than the twentieth day of each month, calculate and record the actual 

quantity of ERCs used in the preceding calendar month; 

(D) Maintain documentation demonstrating that ERCs used during the ozone season 

were generated during an ozone season . An ERC generator certification shall be 

sufficient for such demonstration; 
19 

[(E) Prior to May 1, 2001, any ERCs used for meeting the emission limits contained in 

subdivision (8) of subsection (c) of this section shall have been created within the 

two calendar years preceding the year of such ERC use; 

(F) On and after May l, 2001, any ERCs used to meet the emission limits contained 

herein shall have been created on or after May 1, 1999; ] 

[(G)] (E) An ERC used to meet the emission limits contained herein shall have been 

created within the five calendar years preceding the year of such ERC use; and 

[(H)] (F) For the purposes of [subparagraphs] subparag-raph (E) [through (G)] of 

this subdivision, an ERC is considered created in the same calendar year the NOx 

emission reduction occurs at a plant or source. 

(7) No later than March 1 of each year, the MWC owner or operator shall provide to the 

commissioner a report containing the following information: 

(A) A record for the previous calendar year of each use, sale or other transfer of any 

and all of the ERCs created in accordance with this subsection ; and 

(B) A record for the previous calendar year of actual NOx emissions from the facility 

and each MWC unit, the quantity of ERCs created and the quantity of ERCs used, 

on a monthly basis and an ozone season basis . 

(8) Any reports required by this subsection shall be made on forms furnished or prescribed 

by the commissioner. 

(9) Any creation or use of ERCs for the purposes of this subsection shall conform to the 

provisions of the U.S . Environmental Protection Agency's "Economic Incentive Program Rules," 

40 CFR [Part] 51, Subpart U. 

(10) Any emission reductions under this subsection for the purposes of ERC creation shall 

[be] : 

(A) [Calculated] Be calculated in a reliable and replicable manner; and 

(B) Not be a reduction required by any provision of the state implementation plan at 

the time the reduction was made, and shall not be a reduction relied upon in an 

applicable attainment demonstration or required by state or federal permit or 

order, except where a state or federal permit or order is used to set a NOx trading 

baseline as defined by subdivision (3) of this subsection . 

(11) It shall be a violation of this section if the calculation specified by [subparagraph (C) of] 

subdivision (6)n this subsection demonstrates that any MWC owner or operator did not hold or 

acquire a sufficient number of ERCs to comply with the NOx emission limits contained herein . 

In addition, the MWC owner or operator shall acquire additional ERCs in an amount equal to 

three (3) ERCs for every one (1) ERC needed for compliance, had the ERCs been held or 

acquired at the time specified in [subparagraph (B) of] subdivision (6)(B) of this subsection . The 
20 

additional ERCs shall be acquired on or before the last day of the calendar month in which the 

calculation specified by [subparagraph (C) ofJ subdivision (6)~C,) of this subsection is performed. 

Nothing herein shall preclude the commissioner from taking other enforcement action against the 

owner or operator for failing to hold or acquire a sufficient number of ERCs prior to their use. 

12 All ERCs created pursuant to this section shall expire prior to May 1, 2013 . On and after 

May 1, 2013, the use or trading of ERCs created pursuant to this section is prohibited. 

[(e) [Reserved.]] 

Reserved. 
21 

Fugitive ash emissions. 

(1) [On and after the date specified in subsection (m) of this section, no] No owner or 

operator of a municipal waste combustor plant shall cause to be discharged to the atmosphere 

visible emissions of combustion ash from an ash conveying system, including conveyor transfer 

points, in excess of five percent (5 %) of the observation period (i .e ., nine (9) minutes per threehour period), as specified in [subparagraph (I) of subdivision (4) of] subsection (i)~1~ of this 

section. 

(2) The emission limit specified in subdivision (1) of this subsection does not cover visible 

emissions discharged inside buildings or within enclosures of ash conveying systems; however, 

the emission limit specified in subdivision (1) of this subsection does cover visible emissions 

discharged to the atmosphere from buildings or enclosures of ash conveying systems. 

(3) The provisions specified in subdivision (1) of this subsection do not apply during 

maintenance and repair of ash conveying systems, however, all reasonable measures to control 

fugitive emissions on such occasions shall be implemented. 

(g) Operating practices. 

(1) No owner or operator of a municipal waste combustor unit shall cause or allow such unit 

to operate at a temperature, measured at each particulate control device inlet, more than 

seventeen (17) degrees centigrade, based on a 4-hour [arithmetic] block average, above the 

maximum demonstrated particulate control device temperature measured during the most recent 

performance test for dioxin/furan emissions for which compliance with the dioxin/furan 

emissions limit was achieved. 

(2) No owner or operator of a municipal waste combustor unit shall cause or allow such unit 

to operate at a municipal waste combustor unit load greater than one hundred ten percent (110 

%) of the maximum demonstrated [4-hour average] municipal waste combustor unit load, based 

on a 4-hour [arithmetic] block average, measured during the most recent performance test for 

dioxin/furan emissions for which compliance with the dioxin/furan emissions limit was achieved. 

Municipal waste combustor unit load shall be measured by a steam flow meter. 

(3) An owner or operator may, notwithstanding subdivisions (1) and (2) of this subsection, 

during the annual dioxin/furan emissions performance test and for two (2) weeks prior to such 

test, allow temperatures in excess of that specified in subdivision (1) of this subsection and 

municipal waste combustor unit load limits in excess of that specified in subdivision (2) of this 

subsection . However, should the owner or operator operate the unit at such excess temperatures 

and load, the owner or operator shall not again be allowed to operate at such excess temperatures 

and load during that test period without the approval of the commissioner should the annual 

dioxin/furan emission performance test be postponed. 

(4) The particulate matter control device temperature limits and municipal waste combustor 

unit load limit may be waived temporarily by the commissioner to allow evaluation of system 

performance, testing of new technology or control technologies or diagnostic testing, provided 

that any such temporary waiver is authorized through a permit or order issued prior to an 
22 

evaluation of system performance, testing of new technology or control technologies or 

diagnostic testing. 

(5) During the operation of a MWC unit, the carbon injection system operating parameter(s) 

that is the primary indicator(s) of the carbon mass feed rate (e.g ., screw feeder setting) shall be 

averaged over a block 8-hour period, and the 8-hour block average shall equal or exceed the 

level(s) documented during the performance tests specified under subsection (i) of this section[, 

based on a 24-hour arithmetic average]. 

(h) Operator training and certification . 

(1) No owner or operator of a municipal waste combustor plant shall cause or allow such 

plant to be operated at any time unless a certified chief operator or shift operator is physically 

present at the plant. 

(2) Operators shall be certified by the commissioner under section 22a-231-1 of the 

Regulations of Connecticut State Agencies and shall be identified as either a Class I or Class 11 

chief operator or a Class I or Class II shift operator . 

(3) [All] Not later than six (6) months after the date of employment, all chief operators and 

shift operators must satisfactorily complete an operator training course conducted by the 

commissioner [no later than 180 days following the effective date of this section or the date six 

months after the date of plant startup, whichever is later. Chief operators and shift operators 

hired after this time must satisfactorily complete such course within six (6) months of the date of 

employment] . 

(4) [No later than one year after the effective date of this section, the] The owner or operator 

of a municipal waste combustor shall [develop] have a site-specific Municipal Waste Combustor 

Operating & Maintenance Manual with an index [or revise an existing operating and 

maintenance manual to meet the requirements of this section] . Such Municipal Waste 

Combustor Operating & Maintenance Manual shall be updated on an annual basis. The 

Municipal Waste Combustor Operating & Maintenance Manual shall include: 

(A) A summary of the applicable emission limits and operational requirements ; 

(B) A description of basic combustion theory applicable to a municipal waste 

combustor unit ; 

(C) Procedures for receiving, handling, and feeding municipal solid waste; 

(D) Procedures for startup, shutdown and malfunction; 

(E) Procedures for maintaining proper combustion air supply levels ; 

(F) Procedures for operating the combustor within the standards established under 

this section; 

(G) Procedures for responding to periodic upset or off-specification conditions ; 
23 

(H) Procedures for minimizing particulate matter carryover; 

(1) Procedures for handling ash; 

(J) Procedures for monitoring emissions; and 

(K) Procedures for reporting and record keeping. 

(5) The owner or operator of a municipal waste combustor plant shall establish a training 

program to review the Municipal Waste Combustor Operating & Maintenance Manual with each 

person who has responsibilities affecting the operation of a MWC plant including, but not 

limited to, the chief operator, shift operator, ash handler, maintenance employee and crane/load 

handler. The owner or operator shall train new employees with the job positions identified in this 

subdivision prior to each new employee's assumption of any responsibilities at a MWC plant. 

[The owner or operator shall train those who presently are employed in the job positions 

identified in this subdivision within one year after the effective date of this section.] Following 

initial training, the training program shall be repeated on an annual basis for each person 

identified in this subdivision. 

(6) The Operating & Maintenance Manual shall be kept in a location readily accessible to all 

persons identified in subdivision (5) of this subsection and shall be available for inspection by 

the commissioner or Administrator upon request. 

(i) Performance testing. 

(1) [Each MWC owner or operator shall conduct an initial performance test to determine 

compliance with the emission limits specified in this section.] All performance tests shall be 

conducted under representative full load operating conditions. [The initial performance test for 

each pollutant for which a limit is specified in this section shall be completed within 180 days 

after the final compliance date identified in subsection (m) of this section.] 

(2) [Following the date that the initial performance tests for dioxin/furan, particulate matter, 

hydrogen chloride, cadmium, lead, mercury and fugitive ash are completed, the] The owner or 

operator of a municipal waste combustor shall conduct an annual performance test for 

dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury and fugitive ash [for 

these pollutants ] at least once per calendar year. Such test shall be conducted no less than nine 

(9) calendar months and no more than [twelve (12)] fifteen 15 calendar months following the 

previous performance test for such pollutant. 

(3) Notwithstanding subdivision (2) of this subsection, upon demonstration for two (2) 

consecutive years that the dioxin/furan emission levels from all units at a MWC plant for which 

construction commenced prior to September 20, 1994 are less than fifteen (15) ng/dscm total 

mass or, for all units for which construction, modification or reconstruction commenced on or 

after September 20, 1994, and are less than seven (7) ng/dscm total mass, the MWC owner or 

operator shall only be required to conduct performance testing for dioxin/furan on one unit at 

that MWC plant. The owner or operator shall rotate performance testing among units no more 

than twelve (12) months following the previous performance test in a fixed sequence so that each 
24 

unit is tested at the same frequency. If in any year following the year of election of such reduced 

testing, the dioxin/furan emission test results indicate a level equal to or greater than fifteen (15) 

ng/dscm total mass for any unit for which construction commenced prior to September 20, 1994, 

or greater than seven (7) ng/dscm total mass for any unit for which construction, modification or 

reconstruction commenced on or after September 20, 1994, then the MWC owner or operator 

shall resume testing of all units at the MWC plant during the next annual performance test . The 

owner or operator shall continue to test all units on an annual basis until the performance tests 

for all units indicate dioxin/furan emission levels that meet the requirements of this subdivision, 

at which time the owner/operator may resume testing in accordance with this subdivision. 

(4) Each MWC owner or operator shall employ the following methodologies : 

(A) Testing for particulate matter and opacity levels shall be conducted in accordance 

with the following procedures: 

(i) 40 CFR 60, Appendix A, Reference Method 1 shall be used to select the 

sampling site and number of traverse points for particulate matter testing, 

(ii) 40 CFR 60, Appendix A, Reference Method 3 shall be used for flue gas 

analysis for particulate matter testing, 

(iii) 40 CFR 60, Appendix A, Reference Method 5 or 29 shall be used for 

determining compliance with the particulate matter emission limit. For 

each Method 5 or Method 29 test run: the minimum sample volume shall 

be 1 .7 cubic meters ; the probe and filter holder heating systems in the 

sample train shall be set to provide a gas temperature no greater than 160 

[+/- 14 ] degrees centigrade ; and an oxygen or carbon dioxide 

measurement shall be obtained simultaneously . For each Method 29 test 

run, the minimum sample time shall be two (2) hours, 

(iv) 40 CFR 60, Appendix A, Reference Method 9 shall be used for 

determining compliance with the opacity emissions limit, except as 

provided under 40 CFR 60 .11(e), and 

(v) The compliance determination for particulate matter shall be based on an 

arithmetic average determined using all data generated in three (3) test 

runs as required by this section; 

(B) Testing for cadmium and lead levels shall be conducted in accordance with the 

following procedures: 

(i) 40 CFR [Part ] 60, Appendix A, Reference Method 1 shall be used for 

determining the location and number of sampling points, 

(ii) 40 CFR [Part ] 60, Appendix A, Reference Method 3 shall be used for flue 

gas analysis, 
25 

(iii) 40 CFR [Part ] 60, Appendix A, Reference Method 29 shall be used for 

determining compliance with the cadmium and lead emission limits, 

(iv) An oxygen or carbon dioxide measurement shall be obtained 

simultaneously with each Method 29 test run for cadmium and lead 

required under this section, 

(v) The minimum sample time shall be two (2) hours per each Method 29 test 

run, and 

(vi) The compliance determinations for cadmium and lead shall be based on an 

arithmetic average determined using all data generated in three (3) test 

runs as required by this section; 

(C) Testing for mercury levels shall be conducted in accordance with the following 

procedures : 

(i) 40 CFR [Part ] 60, Appendix A, Reference Method 1 shall be used for 

determining the location and number of sampling points, 

(ii) 40 CFR [Part 160, Appendix A, Reference Method 3 shall be used for flue 

gas analysis, 

(iii) 40 CFR [Part ] 60, Appendix A, Reference Method 29 shall be used for 

determining compliance with the mercury emission limits . An oxygen or 

carbon dioxide measurement shall be obtained simultaneously with each 

Method 29 test run for mercury required under this section, 

(iv) The minimum sample time shall be two (2) hours per each Method 29 test 

run, 

(v) The percent reduction in the potential mercury emissions (YoPHg) is 

computed using the following : 

[(]%pHg[~- C

Ei-Eo 

Ei 

X100 

where : 

[%Phg] L16P y~ = percent reduction of the potential mercury 

emissions achieved. 

Ei = potential mercury emission concentration 

measured at the control device inlet, corrected to 

7 % 02 (dry basis) . 

Eo = controlled mercury emission concentration 

measured at the mercury control device 

outlet, corrected to 7 % OZ (dry basis), and 
26 

(vi) The compliance determinations for mercury shall be based an arithmetic 

average of emission concentrations or percent reductions determined using 

all data generated in a minimum of at least three (3) test runs as required 

by this section; 

(D) Compliance with the sulfur dioxide emission limit (measured as a concentration 

or as a percent reduction by weight or volume) shall be determined by using the 

CEM system specified in [subdivision (1) of] subsection (j)(1,) of this section; 

(E) Compliance with the nitrogen oxide emission limit shall be determined by using 

the CEM system specified in [subdivision (1) of] subsection (j)W of this section; 

(F) Compliance with the carbon monoxide emission limit shall be determined by 

using the CEM system specified in [subdivision (1) of] subsection (j)(D of this 

section; 

(G) Testing for hydrogen chloride levels shall be conducted in accordance with the 

following procedures : 

(i) 40 CFR [Part ] 60, Appendix A, Reference Method 26 or 26A, as 

applicable, shall be used to determine the hydrogen chloride emission 

concentration. The minimum sampling time for Method 26 shall be one 

(1) hour, 

(ii) An oxygen or carbon dioxide measurement shall be obtained 

simultaneously with each Method 26 test run for hydrogen chloride 

required by this section, 

(iii) The percent reduction in potential hydrogen chloride emissions (% PHCI) 

shall be computed using the following equation: 

[0 YOpHG 01 

Ei - Eo 

- Ei 

x 100 

where: 

YopHCI = percent reduction of the potential hydrogen 

chloride emissions achieved. 

Ei = potential hydrogen chloride emission 

concentration measured at the control device inlet, 

corrected to 7 % 02 (dry basis) . 

Eo = controlled hydrogen chloride emission 

concentration measured at the control device outlet, 

corrected to 7 % 02 (dry basis), and 

(iv) The compliance determination for hydrogen chloride shall be based on an 

arithmetic average of emission concentrations or percent reductions 
27 

determined using all data generated in three (3) test runs as required by 

this section; 

(H) Testing for dioxin/furan levels shall be conducted in accordance with the 

following procedures: 

(i) 

(1) 

(J) 

40 CFR [Part] 60, Appendix A, Reference Method 1 shall be used for 

determining the location and number of sampling points, 

(ii) 40 CFR [Part] 60, Appendix A, Reference Method 3 shall be used for flue 

gas analysis, 

(iii) 40 CFR [Part] 60, Appendix A, Reference Method 23 shall be used for 

determining the dioxin/furan emission concentration, 

(iv) The minimum sample time shall be four (4) hours per test run, 

(v) An oxygen or carbon dioxide measurement shall be obtained 

simultaneously with each Method 23 test run for dioxin/furan required by 

this section, and 

(vi) The compliance determination for dioxin/furan levels shall be based on an 

arithmetic average determined using all data generated as required by this 

section in three (3) test runs; 

Testing for fugitive ash emissions shall be conducted in accordance with the 

following procedures: 

(i) 40 CFR [Part ] 60, Appendix A, Reference Method 22 shall be used for 

determining compliance with the fugitive ash emissions limit, 

(ii) The minimum observation time shall be a series of three (3) one-hour 

observations, and 

(iii) The observation period shall include representative operational times 

when the facility is transferring ash from the municipal waste combustor 

unit to the area where ash is stored or loaded into containers or trucks ; 

Testing for the relationship between carbon dioxide and oxygen shall be 

conducted in accordance with the following procedures: 

(i) At least three (3) test runs of C02 and OZ diluent data shall be obtained 

using the procedures and methods contained in 40 CFR [Part] 60, 

Appendix A, Reference Method 3A or 3B, 

(ii) For each test run, using the following equation, a calculation shall be made 

of the COZ correction factor which is equivalent to a 7% OZ correction 

factor: 
28 

13. 9 

C02 correction factor = n , x C02 measured 

(20, y - 02 measured/ 

, and 

(iii) Calculation of a unit-specific equivalent COZ correction factor shall be the 

arithmetic mean of the result obtained from the three (3) test runs and the 

calculation of the COZ correction factor for each test run pursuant to 

subparagraph (J)(ii) of this subdivision, rounded to the nearest whole number; 

and 

(K) During the performance tests for dioxin/furan and mercury, as applicable, the owner 

or operator shall estimate an average carbon mass feed rate based on carbon injection 

system operating parameters such as the screw feeder speed, hopper volume, hopper 

refill frequency, or other parameters appropriate to the feed system being employed, 

as follows : 

(i) An average carbon mass feed rate in kilograms per hour or pounds per hour 

shall be estimated during the initial performance test for mercury emissions 

and each subsequent performance test for mercury emissions, and 

(ii) An average carbon mass feed rate in kilograms per hour or pounds per hour 

shall be estimated during the initial performance test for dioxin/furan 

emissions and each subsequent performance test for dioxin/furan emissions. 

[(5) The owner or operator of a municipal waste combustor may elect to use any results of 

performance tests conducted by the commissioner to determine compliance with the emission 

limits or standards contained herein .] 

(j) Compliance monitoring. 

(1) Continuous compliance with the emission limits specified in [subsection (c) of ]this 

section for opacity, sulfur dioxide (S02), SOZ reduction efficiency, nitrogen oxides (NOx) and 

carbon monoxide [(CO)] shall be determined based on continuous emission monitoring system 

data. [No later than the applicable compliance date specified in subsection (m) of this section, 

the] The owner or operator of a municipal waste combustor shall install, operate and calibrate 

such continuous emission monitoring system in a manner acceptable to the commissioner and 

certify to the commissioner, in writing, that the equipment specifications for the continuous 

emission monitoring system have been and are being met. In addition to the aforementioned 

continuous monitoring systems, the owner or operator of a municipal waste combustor shall also 

install, operate, calibrate and maintain continuous monitoring systems for measuring the final 

particulate control device inlet temperature, municipal waste combustor unit load and the oxygen 

or carbon dioxide content of the flue gas at each location where carbon dioxide, sulfur dioxide or 

nitrogen oxide emissions are monitored, and, if activated carbon is used to control dioxin/furan 

or mercury emissions, the carbon feed rate . CEM systems shall meet the following 

requirements : 
29 

(A) Opacity monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 1 ; [R.C.S.A.] 

section 22a-174-4 of the Regulations of Connecticut State Agencies; and 40 CFR 

60.13 ; 

(B) 02 and C02 monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 3 ; 40 CFR 

60, Appendix F, Procedure 1 ; and 40 CFR 60.13 ; 

(C) S02 monitors shall: 

(i) [meet] Meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 2; 40 

CFR 60, Appendix F, Procedure 1 ; and 40 CFR 60.13[ ;] , and 

ii For units that have actual inlet emissions less than 100 ppmdv, the relative 

accuracy criterion for inlet sulfur dioxide CEM systems should be no 

greater than twenty percent (20%) of the mean value of the reference 

method test data in terms of the units of the emission standard or five 

ppmdv absolute value of the mean difference between the reference 

method and the continuous emission monitoring systems, whichever is 

greater; 

(D) NOX monitors shall meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 2; 40 CFR 

60, Appendix F, Procedure 1 ; and 40 CFR 60.13 ; 

(E) Carbon monoxide monitors shall; 

[meet] Meet the applicable performance and quality assurance 

requirements of 40 CFR 60, Appendix B, Performance Specification 4 or 

4A (as applicable); 40 CFR 60, Appendix F, Procedure 1 and 40 CFR 

60.13 [;]1 and 

ii For units subject to the 100 ppmdv carbon monoxide standard, the relative 

accuracy criterion of five ppmdv is calculated as the absolute value of the 

mean difference between the reference method and the CEM system ; 

(F) Continuous monitoring systems for MWC unit load shall meet the requirements 

of 40 CFR 60.1810(a) ; and 

(G) If activated carbon is used to control dioxin/furan or mercury emissions[,] _ 

01 [monitoring] Monitoring of the carbon feed rate shall meet the 

requirements of 40 CFR 60.18201 and 

ii Pneumatic injection pressure or another carbon injection system 

operational indicator shall be used to provide additional verification of 
30 

proper carbon injection system operation. The operational indicator shall 

provide an instantaneous visual or audible alarm to alert the operator of a 

potential interruption in the carbon feed that would not normally be 

indicated by direct monitoring of carbon mass feed rate (e.g . continuous 

weight loss feeder) or monitoring of the carbon system operating 

parameter or parameters that are the indicator or indicators of the carbon 

mass feed rate (e.g . screw feeder speed) . The carbon injection system 

operational indicator used to provide additional verification of carbon 

injection system operation, including basis for selecting the indicator and 

operator response to the indicator alarm, shall be included in the sitespecific Municipal Waste Combustor Operating & Maintenance Manual. 

(2) A MWC owner or operator shall comply with the following minimum data requirements : 

(A) Data available for gaseous and process CEMs shall not be less than ninety percent 

(90%) of the total operating hours in any one calendar quarter and not less than 

ninety-five percent 95%) of the total operating hours in any one calendar year; 

(B) Data available for opacity CEMs shall not be less than ninety-five percent (95%) 

of the total operating hours in any one calendar quarter; 

(C) Obtain valid 1-hour averages for seventy-five percent (75%) of the operating 

hours per day for ninety percent (90%) of the operating days per calendar quarter 

during which the unit combusts any municipal solid waste; 

(D) At least three equally spaced data points per hour shall be used to calculate a onehour average; 

(E) Notify the commissioner according to subsection (0(3)(A)(v) of this section in the 

event of failure to obtain the minimum data required by subparagraphs (A) and 

(B) of this subdivision; and 

(F) The percentage of data available shall be calculated as follows: 

(i) In accordance with the procedures specified on forms furnished or 

prescribed by the commissioner, and 

(ii) Using all data obtained from a CEM to calculate emissions concentrations 

and percent reductions as required by this section regardless of whether 

the minimum data availability requirements of subparagraphs (A) and (B) 

of this subdivision are obtained. 

[(3) The mean difference criteria evaluation specified in 40 CFR 60, Appendix B, 

Performance Specification 4A shall be performed on the diluent corrected emission 

concentration values using the following equation: 
31 

Mean difference= I d ~ + ~ cc I < 5 ppm 

where, ~ d I = absolute value of the mean of the differences 

~ cc ~ = the confidence coefficient ] 

During a loss of boiler water level control or a loss of combustion air control malfunction 

period a diluent can of fourteen percent for oxygen or five percent for carbon dioxide may be 

used in the emissions calculations for sulfur dioxide and nitrogen oxides . 

(k) Record keeping requirements. 

(1) The owner or operator of a municipal waste combustor shall maintain records of the 

information specified in subdivisions (2) through [(11)] 13 of this subsection, as applicable, 

labeling each record with the time and calendar date on which the data was generated. Each 

record shall be maintained for a period of at least five (5) years from the date the record was 

created. 

(2) Operator training and certification records shall be maintained on an annual basis, as 

follows : 

(A) The names of the chief operators and shift operators, certified by the 

commissioner, and employed at the plant, including the dates of initial and 

renewal certifications and documentation of current certification; 

(B) The names of the chief operators and shift operators who have completed an 

operator training course as required under [subdivision (3) of] subsection (h)(D of 

this section; and 

(C) The names of the persons at the plant who have completed a training program as 

required under [subdivision (5) of] subsection (h)(Q of this section. 

(3) Emission concentrations and parameters, measured using a CEM system, shall be 

recorded as specified in this subdivision: 

(A) All six-minute arithmetic average opacity levels ; 

(B) All one-hour average sulfur dioxide emission concentrations ; 

(C) All one-hour average sulfur dioxide reduction efficiency levels ; 

(D) All one-hour average nitrogen oxides emission concentrations ; and 

(E) All one-hour average carbon monoxide emission concentrations, municipal waste 

combustor unit load measurements, and particulate matter control device inlet 

temperatures . 

(4) Average concentrations and percent reductions, as applicable, shall be maintained as 

specified in this subdivision : 
32 

(A) All 24-hour daily geometric average sulfur dioxide emission concentrations and 

a1124-hour daily geometric average percent reductions in sulfur dioxide 

emissions; 

(B) All 24-hour daily [arithmetic] average nitrogen oxides emission concentrations ; 

(C) All 4-hour block or 24-hour daily [arithmetic] average carbon monoxide emission 

concentrations, as applicable; and 

(D) All 4-hour block [arithmetic] average municipal waste combustor unit loads and 

particulate matter control device inlet temperatures . 

(5) The calendar dates when any of the average emission concentrations, percent reductions, 

operating parameters or opacity levels recorded under subdivisions (3) or (4) of this subsection 

are above the applicable limit shall be identified . The reasons for such exceedances, a 

description of corrective actions taken and a description of the measures taken to prevent future 

exceedances shall also be recorded. 

(6) The calendar dates for which the minimum number of hours of any of the data required 

by this section have not been obtained shall be identified, the reasons for not obtaining sufficient 

data, a description of corrective actions taken and a description of the measures taken to prevent 

future losses of data. 

(7) Where sulfur dioxide emissions data, nitrogen oxides emissions data or operational data 

(i .e ., carbon monoxide emissions, municipal waste combustor unit load and particulate matter 

control device temperature) have been excluded from the calculation of average emission 

concentrations or parameters, the owner or operator shall [be] identify such exclusion as well as 

the reason(s) for excluding the data. 

(8) The results of daily calibrations and quarterly accuracy determinations for opacity, sulfur 

dioxide, nitrogen oxides, carbon monoxide and oxygen or carbon dioxide continuous emission 

monitoring systems shall be recorded. 

(9) The test reports and supporting calculations documenting the results of an initial 

performance test conducted to determine compliance with the emission limits specified in this 

section for particulate matter, opacity, cadmium, lead, mercury, dioxin/furan emissions, 

hydrogen chloride and fugitive ash shall be recorded. The maximum demonstrated municipal 

waste combustor unit load and maximum demonstrated particulate matter control device 

temperature shall be recorded for the initial performance test for dioxin/furan emissions for each 

particulate matter control device . The test results and supporting calculations documenting the 

relationship between carbon dioxide and oxygen concentrations established in accordance with 

this section shall be recorded if established during the initial performance test . 

(10) The test reports and supporting calculations documenting the results of all annual 

performance tests conducted to determine compliance with the emission limits specified in this 

section for particulate matter, cadmium, lead, mercury, dioxin/furan emissions, hydrogen 

chloride and fugitive ash shall be recorded. The maximum demonstrated municipal waste 

combustor unit load and maximum demonstrated particulate matter control device temperature 
33 

(for each particulate matter control device) shall be recorded for each performance test for 

dioxin/furan emissions. The relationship between carbon dioxide and oxygen concentrations 

shall be recorded if the relationship is reestablished during the annual performance test . 

(11) For MWCs equipped with activated carbon injection systems for mercury or dioxin/furan 

emissions control, the records specified in this subdivision shall be maintained: 

(A) Estimates of the average carbon mass feed rate, measured in kilograms per hour 

or pounds per hour, during the initial mercury performance test and all subsequent 

annual performance tests, with supporting calculations ; 

(B) Estimates of the average carbon mass feed rate, measured in kilograms per hour 

or pounds per hour, during the initial dioxin/furan emissions performance test and 

all subsequent annual performance tests, with supporting calculations ; 

(C) Estimates of the average carbon mass feed rate, measured in kilograms per hour 

or pounds per hour, for each hour of operation, with supporting calculations ; 

(D) For each calendar quarter, estimates of the total carbon usage for each MWC unit 

in kilograms or pounds for each calendar quarter by two independent methods, 

according to the procedures specified below: 

(i) For each MWC unit, estimate the weight of carbon delivered, and 

(ii) For each MWC unit, estimate the average carbon mass feed rate in 

kilograms per hour or pounds per hour for each hour of operation based on 

the parameters specified under [subparagraph (K) of subdivision ] 

subsection (i)(4)LK) of this section, and sum the results for the total 

number of hours of operation during the calendar quarter; 

(E) Carbon injection system operating parameter data for the parameter(s) that are the 

primary indicator(s) of carbon feed rate (e .g., screw feeder speed) ; and 

(F) The times and calendar dates when average carbon mass feed rates were less than 

either of the hourly carbon feed rates estimated during mercury or dioxin/furan 

emissions tests. The reasons for such feed rates and a description of corrective 

actions taken shall also be recorded. 

For each MWC unit, the following records of air pollution control device operation shall 

be maintained: 

For each reagent, the feed rate to the air pollution control device measured in 

kilograms per hour or pounds per hour, during the annual particulate emissions 

performance tests, with supporting calculations ; 

(B,) For each reagent, the feed rate to the air pollution control device measured in 

kilograms per hour or pounds per hour, for each hour of operation with 

supporting calculations ; and 
34 

For each calendar quarter, total reagent usage for each MWC unit in kilograms or 

pounds for each calendar quarter. 

13 For each MWC unit, the following information shall be recorded daily: 

(A) Daily fossil fuel usage rates for each fuel; and 

Daily hours of operation, in which periods of startup and shutdown are 

distinguished. 

(n Reporting requirements. 

(1) [The MWC owner or operator shall submit an initial performance test report to the 

commissioner within sixty (60) days after the date of completion of the initial performance test 

as specified in subsection (i) of this section. Such an initial test report shall include the 

following: 

(A) The initial performance test data for sulfur dioxide, nitrogen oxides, carbon 

monoxide, municipal waste combustor unit load and particulate matter control 

device inlet temperature; 

(B) The initial performance test data for particulate matter, opacity, cadmium, lead, 

mercury, dioxin/furan, hydrogen chloride and fugitive ash emissions. 

Dioxin/furan emissions shall be reported in the following units : 

(i) ng/dscm total mass, corrected to seven percent oxygen or equivalent 

percent carbon dioxide, and 

(ii) picograms per cubic meter, corrected to 12% COZ using 32 degrees 

Fahrenheit and 29 .92 inches Hg as normal conditions, using the Toxic 

Equivalency Factors specified in section 22a-174-1(29) of the Regulations 

of Connecticut State Agencies; 

(C) The performance evaluation for the continuous emission monitoring system using 

the applicable performance specifications and procedures cited in subsection (j) of 

this section; 

(D) The maximum demonstrated municipal waste combustor unit load and maximum 

demonstrated particulate matter control device inlet temperature(s) established 

during the initial dioxin/furan performance test ; 

(E) For those units for which the relationship between carbon dioxide and oxygen is 

established as required by subsection (c)(12) of this section, the owner or operator 

shall submit the results of the tests establishing the relationship, including test 

results, identification of the unit test, the date and time of each test run, and, as 

necessary, a schedule for making the appropriate modifications to the CEM 

system to incorporate the equivalent % C02 correction factor ; 
35 

(F) For units that apply activated carbon injection for mercury control, the owner or 

operator shall submit the average carbon mass feed rate recorded under subsection 

(k)(11) of this section; and 

(G) For those units that apply activated carbon injection for dioxin/furan control, the 

owner or operator shall submit the average carbon mass feed rate recorded. ] 

Reserved. 

(2) [The] For each MWC unit, the MWC owner or operator shall submit a quarterly report to 

the commissioner within thirty (30) days following the end of each calendar quarter in which the 

data were collected. [The first quarterly report shall be submitted within thirty (30) days 

following the end of the calendar quarter in which the initial performance test is conducted.] 

Each quarterly report shall include the following information: 

(A) All [emissions] data recorded pursuant to this section during the calendar quarter; 

(B) Each calendar date during the calendar quarter reported when any of the average 

emission concentrations, percent reductions, operating parameters or opacity 

levels recorded exceeded the applicable limit identified in this section; the reasons 

the limit was exceeded and a description of the corrective actions taken; 

(C) For MWCs equipped with activated carbon injection systems for mercury or 

dioxin/furan emissions control, the following information: 

(i) Identification of the calendar dates during the calendar quarter reported 

when average carbon mass feed rates were less than either of the hourly 

carbon feed rates estimated during mercury or dioxin/furan emissions 

tests, and the rates recorded. The reasons for such feed rates and a 

description of the corrective actions taken shall also be reported, 

(ii) The total carbon purchased for and delivered to the MWC plant or 

purchased for and delivered to each MWC unit for the reported calendar 

quarter, and 

(iii) The required usage of carbon for the reported calendar quarter for the 

MWC plant or for each MWC unit at the plant, calculated using equation 4 

or 5 of 40 CFR 60.1935(f); and 

(D) The data and results of any CEM quality assurance testing conducted pursuant to 

this section. 

(3) Except as set forth in subparagraph (D) of this subdivision, the MWC owner or operator 

shall submit an annual report to the commissioner no later than January 30 of each year 

following the calendar year in which the data were collected. [The first annual report shall be 

submitted no later than January 30 of the first year following the end of the calendar year in 

which the initial performance test is conducted.] Each annual report shall include the following 

information: 
36 

(A) A summary of data collected for each pollutant regulated under this section and 

all applicable parameters, as follows: 

(i) A list of the particulate matter, opacity, cadmium, lead, mercury, 

dioxin/furan, hydrogen chloride and fugitive ash emission levels achieved 

during all initial and annual performance tests. Dioxin/furan emissions 

shall be reported as required in [subparagraph (B) of] subdivision (1)(B) 

of this subsection, 

(ii) A list of the highest emission level recorded for sulfur dioxide, nitrogen 

oxides, carbon monoxide, municipal waste combustor unit load, and 

particulate matter control device inlet temperature based on the data 

recorded for 24-hour daily geometric averages, 24-hour daily [arithmetic] 

averages, [4-hour block averages] or 4-hour block [arithmetic] averages, 

as applicable, for the aforementioned pollutants, 

(iii) The highest six-minute average opacity level measured, 

(iv) The relationship between carbon dioxide and oxygen, if such relationship 

is reestablished, including test results, identification of the units tested and 

the date and time of each test run, and, as necessary, a schedule for 

making the appropriate modifications to the CEM system to incorporate 

the equivalent % C02 correction factor, 

(v) The total number of days that the minimum number of hours of data for 

sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste 

combustor unit load, particulate matter control device temperature and, as 

applicable, carbon mass feed rate were not obtained, and 

(vi) The total number of hours that data for sulfur dioxide, nitrogen oxides, 

carbon monoxide, municipal waste combustor unit load, particulate matter 

control device temperature and, as applicable, carbon mass feed rate were 

excluded from the calculation of average emission concentrations or 

parameters ; 

(B) The information required by subparagraphs (A)(i), (A)(ii) and (A)(iii) of this 

subdivision for the previous calendar year; and 

(C) The data summaries required by subparagraphs (A) and (B) of this subdivision 

shall highlight any emission or parameter levels that did not achieve the emission 

or parameter limits specified under this section [; and 

(D) If a MWC owner or operator is subject to more stringent annual reporting 

requirements pursuant to a permit issued under Title V of the Act or section 22a174-33 of the Regulations of Connecticut State Agencies, those requirements 

shall supersede the requirements of this subsection]. 
37 

(4) At least ninety (90) days before any MWC owner or operator plans to conduct any 

performance test required under this subsection, such owner or operator shall submit a 

performance test plan for review and written approval of the commissioner. Such plan shall 

contain, at a minimum, the following information : 

(A) sampling locations; 

(B) test methods; 

(C) sampling protocols; 

(D) sample analysis procedures; and 

(E) any other information required by the commissioner. 

(5) The MWC owner or operator shall provide written notification to the commissioner three 

(3) business days prior to conducting any performance test required under this subsection . 

(6) The MWC owner or operator shall provide written notification to the commissioner 

within seventy-two (72) hours of the time at which such owner or operator receives information 

regarding performance test results indicating that any particulate matter, opacity, cadmium, lead, 

mercury, dioxin/furan, hydrogen chloride or fugitive ash emission levels exceed the applicable 

pollutant emission limits or standards defined in this section. 

(7) Any report required to be submitted to the commissioner by this section [must] shall 

include a certification jsigned by a responsible corporate officer or a duly authorized 

representative of such officer, as those terms are defined in ] signed in accordance with section 

[22a-430-3(b)(2)] 22a-174-2a(a)(4) of the Regulations of Connecticut State Agencies[, and by 

the individual or individuals responsible 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." ] . 

(8) The MWC owner or operator shall submit all reports and notifications required by this 

subsection on forms furnished or prescribed by the commissioner. 

(9) The MWC owner or operator shall submit all reports specified under this subsection as a 
38 

paper copy, with supporting data in either paper or electronic format, postmarked on or before 

the submittal dates specified in this subsection, and maintain such reports at the premises as a 

paper copy with any supporting data in the format submitted for a period of five (5) years from 

the date of submission to the commissioner. 

(m) [Compliance schedule] Duty to comply. 

(1) [The owner or operator of a MWC for which construction commenced prior to September 

20, 1994 shall achieve final compliance with the applicable emission limits specified in 

subsections (c) and (f) of this section, with the exception of the emission limits of Tables 38-1a 

and 38-3a, no later than December 19, 2000 . 

(2) The owner or operator of a MWC for which construction commenced prior to September 

20, 1994 shall achieve final compliance with the emission limit specified in Table 38- 1 a of 

subsection (c) of this section no later than the date thirty-six months following the effective date 

of this section. 

(3) The owner or operator of a MWC for which construction, modification or reconstruction 

commenced on or after September 20, 1994 shall achieve final compliance with the applicable 

emission limits specified in subsections (c) and (f) of this section, with the exception of the 

emission limits of Tables 38-2a and 38-3a, no later than December 19, 2000 or the date of initial 

operation, whichever is later. 

(4) The owner or operator of a MWC for which construction, modification or reconstruction 

commenced on or after September 20, 1994 shall achieve final compliance with the emission 

limit specified in Table 38-2a of subsection (c) of this section no later than the date thirty-six 

months following the effective date of this section or the date of initial operation, whichever is 

later. 

(5) The owner or operator of any MWC shall achieve final compliance with the applicable 

emission limit specified in Table 38-3a of subsection (c) of this section no later than May 1, 2003 

or the date of initial operation, whichever is later. 

(6) ] The owner or operator of a MWC subject to this section who is unable to comply with 

the requirements of this section [within the final compliance dates specified in this subsection 

shall cease operation. Within one year of the effective date of this section such an owner or 

operator] shall [either immediately cease operation or], at the discretion of the commissioner, 

enter into a legally enforceable cease operation agreement with the commissioner. [that includes 

a date no later than December 19, 2000 on which operation will cease.] The cease operation 

agreement shall specify a date, no later than one year from the date that the inability to comply is 

discovered, by which operations shall cease. 

[(7) On and after the date one year from the effective date of this section, any MWC that has 

been operated in full compliance with all requirements of this section for nitrogen oxides shall be 

exempt from the following provisions of the Regulations of Connecticut State Agencies: 

(A) Section 22a-174-22(k) concerning nitrogen oxides emissions testing and 

monitoring; and 
39 

(B) Section 22a-174-22(1) concerning reporting and record keeping for nitrogen 

oxides . 

(8) Any MWC that is operating in full compliance with all requirements of this section for 

nitrogen oxides, as determined by the commissioner, shall be exempt from the May 31, 1999 

deadline contained in Section 22a-174-22, subsection (e), subdivision (2) of the Regulations of 

Connecticut State Agencies as of the effective date of this section.] 

Nothing in this section shall limit the commissioner's authority to impose further 

restrictions or requirements in a permit issued to the owner or operator of a MWC unit . 

Statement of Purpose : RCSA section 22a-174-38 is based on federal emissions guidelines and 

new source performance standards (NSPS), which the U.S . Environmental Protection Agency 

(EPA) promulgated in 1995. This amendment serves the primary purpose of updating the 

regulation, as required by EPA, in accordance with revisions to the large municipal waste 

combustor emissions guidelines, which were promulgated on May 10, 2006 (71 FR 27324). In 

addition, the proposal removes requirements for new municipal waste combustor units, as such 

requirements are redundant to the independently applicable NSPS ; strengthens air pollution 

control equipment record keeping requirements ; exempts units subject to RCSA section 22a-174-

38 from the requirements of RCSA section 22a-174-22; designates an end to the creation and use 

of emission reduction credits; and updates the format to the Department's current conventions.