# EXHIBIT A

RCSA Section 22a-174-38 Marked to Show

Revisions Effective July 7, 2008Section 22a-174-38 ofthe Regulations ofConnecticut StateAgencies is amended to .read as

follows:

Sec

. 22a-174-38

. Municipal Waste Combustors

. (a) Definitions

. Forpurposes ofthis section: (1) "Calendar quarter" means a consecutive three-month period (nonoverlapping) beginning onJanuary 1, April 1, July 1 or October 1

. (2,) "Calendar year" means the twelve consecutive month period starting onJanuary 1 and ending on December 31

. [(2)](3)"Chiefoperator" means an individual who is in direct charge ofthe operation ofa municipal waste combustorplant andwho is responsible for overall on-site supervision, technical direction, management and performance ofthe 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 oftheweight ofwhich is composed, in the aggregate, of municipal solid wasteas measured on a calendar quarter basis.] (4) "Continuous burning" means the continuous, semi-continuous or batch feeding of municipal solid waste for purposes ofwastedisposal, energy production or providing heat to the combustion systemin preparation for wastedisposal or energy production

. Continuous burning does not include the use of municipal solid waste solely to provide thermal protection ofthe 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 ofany pollutant froma MWCunit

. (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 ofall hourly emission concentrations or parameter levels when a municipal waste combustor unit is operating and combusting municipal solid waste measured over any ofthe following three 8- hour periods oftime: 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 ofcombustion gas [volumes] volume to heat [inputs] input either unit-specific or as defined in 40 CFR60, Appendix A, Method 19

.19](10) "Four-hour block average" or "4-hour block average" means the [average]

arithmetic mean ofall 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] oftime: 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 oneor more calendar years of CEM data fromno earlier than 1994 or another period ofdata 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
. Afailure 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 awaterwall furnace

. [(13)] (14) "Maximumdemonstrated 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 runduring the most recent dioxin/furan emissions performance test that demonstrates compliance with the applicable limit for dioxin/furan specified in subsection (c) ofthis section

. [(14)] 15 "Maximumdemonstrated 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 ofoperation 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) ofthis section

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

. [(16)] 1~7,) "Modification" means "modification or modified municipal waste combustor unit" as defined in 40 CFR60.51b

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

. [(18)] 19 "Municipal waste combustor," "municipal waste combustor unit" or "MWC" means any part or activity ofany 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 solidwaste, inclusive of those emissions units constructedprior toJanuary 1, 2007 combusting a single-item waste stream oftires

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

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

. [(22)] 23 "NOx Emissions Reductions Credit" or "ERC" means an air pollutant reduction created inthe nitrogen oxides emissions trading programdescribed by this section

. [(23)] (24) "NOx Trading Baseline" means that value, determined as specified in subsection (d) ofthis section, used to calculate the quantity of ERCs created or used by a MWCunit

. [(24)] 25 "Ozone season" means the period ofany calendar year beginning on May 1 and ending on September 30

. [(25)] 26 "Premises" means the grouping ofall stationary sources at any one location and owned by or underthe control ofthe 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 gratewaste 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 whois in direct charge ofthe operation ofa shift ofa municipal waste combustor plant and who is responsible for on-site supervision, technical direction, management and overall performance ofthe plant during a shift

. [(31)] 3~2,) "Shutdown period" means the period oftime commencing when a municipal waste combustor operator discontinues the feed ofmunicipal 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 fromthirty-six (36) or more data points equally spaced over each 6- minute period

. [(33)] 04 "Standard conditions" means a temperature of 20degrees centigrade and a pressure of 101 .3 kilopascals

.[(34)] t15) "Startup period" means that period oftime commencing when a municipal waste

combustorbegins the continuous burning of municipal solid waste, exclusive ofany warmup period when a municipal waste combustor is combusting fossil fuel or other nonmunicipal solid wastefuel, and no municipal solid waste is beingfed to the combustor

. [(35)] (L6) "Total mass" or "total mass dioxin/furan" means the total mass oftetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using EPAReference Method 23 and the procedures specified under subsection (i)(4) ofthis section

. [(36)] 37 "Twenty-four hour daily average" means the arithmetic mean ofall 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, correctedto 7%02 or

equivalentpercent C02 ; [EhJ] A= [hourly] arithmetic average pollutant concentration or hour ' corrected to 7%02or equivalent percent C02 ;

n = total number ofhourly averagesfor whichpollutant concentrations are available within the 24 hour midnight to midnight dailyperiod; ln = the natural log [ofthe 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) ofthe combustor

.(b) Applicability

.

(1) This section shall apply to the owner or operator ofany municipal waste combustor[ .] except for a MWCunit that meets the conditions ofeither subparagraph (A) or (B ofthis 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 ofthe Regulations ofConnecticut StateAgencies, which permit contains emission limits at least as stringent as those stated in subsection (c) ofthis section for sulfur oxides and mercury; or
The unit is subject to 40CFR60Subpart 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) ofthis section for sulfur oxides and mercury
. (2) Aphysical or operational change including installation ofcontrol 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 ofany municipal waste combustor required to have a permit under section 3005 ofthe Solid Waste Disposal Act (42 U .S.C.A

. section 6925) is not subjectto this section for the operation ofsuch unit

. (4) The owner or operator ofany recycling facility as defined in section 22a-207 ofthe general statues, including a primary or secondary smelter, that combusts wastefor 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 ofsuch unit

. The owner or operator ofany 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) ofthis section that the owner or operator claims such combustor is not subject to this section, ifthe cofired combustor is an existing unit, or such owner or operator notifies the commissioner in writing prior to commencing operation, ifthe cofired combustor is a unit for which construction commences after the effective date ofthis section; (B) Provides the commissioner with a copy ofthe federally enforceable permit limiting the unit to combusting a fuel feed stream, thirty percent (30%) or less of theweight ofwhich 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 ofall other fuels combusted at the cofired combustor; and (D) Maintains the records required by subparagraph (C) ofthis subdivision at the premises for a period offive (5) years fromthe date ofthe record's creation and makes such records available to the commissioner or administrator upon request.] (6,) The owner or operator of amunicipal .waste combustor unit to which this section qpplies shall not be subject to section 22a-174-22 ofthe Regulations ofConnecticut State Agencies for such unit

. (c) Emission limits

. (1) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor [for which construction commenced prior to September 20, 1994] unit subject to this section shall cause or allow the emission fromsuch unit ofany air pollutant in excess ofthe applicable emission limit identified in [Tables] Table 38-1 [and 38-1a] ofthis 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 ofthis 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)(Dofthis 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,) ofthis section commenced after December 20, 1989 Sulfur dioxide -- 29parts per million by volume (ppmvd), or All other MWCs 75%reduction by weight or volume measured as required by [subdivision (7) of] subsection (c)(Dofthis section Hydrogen chloride 29parts per million by volume (ppmvd), or 95% reduction by weight or volume measured as required by [subdivision (7) of] subsection (c)Qofthis 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,) ofthis section commenced after 

### December 20, 1989 Dioxin/furan 30ng/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) ofsubsection (c) ofthis section ] (2) [On and after the date specified in subsection (m) ofthis 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 anyair pollutant in excess of the applicable emission limit identified in Tables 38-2 and 38-2a ofthis subdivision.] Reserved

. [Table 38-2

. Air Pollutant Emission Limits for MWCs for which Construction, Modific ation or Reconstruction C ommenced 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) ofthis section Sulfur dioxide (SOZ) 29ppmvd, or 80% reduction by weight or volume measured as required by subdivision (7) ofsubsection (c) ofthis section Hydrogen chloride (HCl) 25 ppmvd, or 95% reduction by weight or volume measured as required by subdivision (7) ofsubsection (c) ofthis 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) ofsubsection (c) ofthis 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) ofthis section

. (4) Continuous compliance with the sulfur dioxide emission limits contained herein shall be based on a 24-hour daily geometric average ofthe hourly arithmetic average emission concentrations using CEM systemoutlet data ifcompliance is based on an emission concentration, or CEM systeminlet and outlet data ifcompliance is based on apercent 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 apercentage reduction by weight or volume, the less stringent emission limit shall prevail

. (7) For an air pollutant for whichthis 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 ofair pollutant at the outlet ofthe air pollution control device that discharges directly to the stack, subtracting it fromthe concentration at the inlet ofthe air pollution control device that receives exhaust gases directly fromthe combustion chamber, dividing the difference by the concentration ofair pollutant at the inlet to the air pollution control device that receives exhaust gases directly fromthe combustion chamber and then multiplying that result by a factor ofone-hundred (100)

. (8) [On and after the date specified in subsection (m) ofthis section, no] No owner or operator ofa municipal waste combustor shall cause or allow the emission of

nitrogen oxides (NOx) in excess ofthe applicable emission limit identified in [Tables 38-3 and 38-3a] Table 38-2 ofthis 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 180for the one-year period commenced after September 20, 1994 beginning on the date of completion ofthe initial performance test required by this section, and
150for that period oftime subsequent to the one-year period identified above Processed-municipal solid waste combustor 220 Reciprocating grate waste tire fired incinerator/boiler 7911

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) ofthis 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 177for the one-year commenced after September 20, 1994 period beginning on the date ofcompletion ofthe initial performance test required by this section,

and
150for that period of time subsequent to the one-year period identified above Processed-municipal solid waste combustor 14612

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 percentage carbon dioxide as specified in subdivision (12) ofthis 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 gratewaste 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) ofthis section, no] No owner or operator ofa municipal waste combustor unit subject to this section shall cause or allowan emission of carbon monoxide in excess ofthe applicable emission limit identified in Table [38-4] 38-3 ofthis subdivision

.13

[Table 38-4

. ] Table 38-3

. Carbon M onoxide 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 whichconstruction commenced on or after September 20, 1994] Reciprocating grate waste 180 4 tire fired incinerator/boiler (11) The emission limits and operating requirements ofthis 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 ifa loss ofboiler water level control or a loss ofcombustion air control is determined to be a malfunction, the duration ofthe malfunction period shall be limited to fifteen (15) hours per occurrence
. Otherwise, the duration ofeach startup, shutdown or malfunction period shall be limited to three hours per occurrence for all MWCunits; (B) For the purpose ofcompliance with the opacity emission limits, during each period ofstartup, shutdown or malfunction, the opacity limits shall not be14

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 ofcombustion air control is determined to be a malfunction, the duration ofthe malfunction period shall be limited to fifteen (15) hours per occurrence.] During periods of startup, shutdown, or malfunction, monitoring data shall be excluded fromcalculations of compliance with the emission limits and operating requirements ofthis subdivision but shall be recorded and reported in accordance with subsections (k) and (Z) ofthis 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

. Ifthe owner or operator ofa MWCseeks to use an equivalent % CO2, the owner or operator must demonstrate the relationship between OZ and COZ levels as specified in [subparagraph (J) ofsubdivision (4) of] subsection (i) 4 J ofthis section and submit awritten report to the commissioner summarizing the results ofthe demonstration

. This relationship may be reestablished during any performance test conducted pursuant to subsection (i) ofthis section

. (13) [During the operation ofa MWCunit, the carbon injection systemoperating parameter(s) that are the primary indicator(s) ofthe 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) ofthis section, based on a 24-hour daily average.] Reserved

. (14) Notwithstanding subparagraphs (D), (E) and (F) of subdivision (4) ofsubsection (i) of this section, for the purpose ofsubmitting compliance certifications or for the purpose ofthe commissioner establishing whether the owner or operator has violated or is in violation ofany emission limit or standard in this subdivision, nothing shall preclude the commissioner's use, including the exclusive use, ofany appropriate performance test results, credible evidence or information relevant to demonstrating compliance with the applicable requirements ofthis section

. (15) Notwithstanding subdivision (12) ofthis subsection, the owner or operator of a reciprocating grate wastetire 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 ofa MWCunit for which construction commenced prior to December 20, 1989 may use emissions trading to meet some or all ofthe NOx emission reductions required for compliance with the emission limits in [subdivision (8) of] subsection (c)(8) ofthis section, subjectto the limitations described in this subsection for the NOx emissions trading program
. (2) The owner or operator ofa municipal waste combustor for whichconstruction commenced on or after December 20, 1989 may participate in the NOx emissions trading programdescribed inthis 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) ofthis section; and (B) Such owner or operator may create ERCs in accordance with the requirements of this subsection ifactual NOx emissions froma unit are lower than the applicable NOx emission limits in subsection (c) ofthis section and lower than any applicable NOxTrading 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) Aformal request to participate in the NOx trading program ; (B) ANOxTrading Baseline and supporting data

. The NOxTrading Baseline shall be determined as follows: (i) Ifthe historical actual twenty-four hour daily NOx average (ppmv @ 7% 02 or ppmv @

an equivalent %

C02, as specified in subdivision (12) of subsection (c) ofthis section) is higher than the applicable NOx limit set forth in subsection (c) ofthis section, then the applicable subsection (c) NOx limit shall be the NOx Trading Baseline, (ii) Ifthe historical actual twenty-four hour daily NOx average (ppmv @ 7% 02or ppmv @

an equivalent %

C02, as specified in subdivision (12) of subsection (c) ofthis section) is lower than the applicable NOx limit set forth in subsection (c) ofthis section and such lower average concentration is the result ofinstallation ofcontrol equipment or modification ofa MWCunit solely for the purposes of meeting the requirements ofthis regulation or section 22a-174-22 ofthe Regulations of Connecticut State Agencies, then the applicable NOx limit ofsubsection (c) ofthis 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 LAERrequirements shall not be16

considered as having been installed as a result ofthe requirements ofthis section or section 22a-174-22, or (iii) Ifthe 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 ofthis section) is lower than the applicable NOx limit set forth in subsection (c) ofthis section, then a NOxTrading Baseline shall be established based on the historical actual twenty-four hour daily NOx average; (C) Adetailed 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) ofthis subsection, ofthe 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 ofa municipal waste combustor unit participating in the MWC NOx emissions trading programshall use the following methodology to determine on a daily basis the quantity of ERCs created or used: (A) Calculate NOx DailyAverage Concentration (24-hour block arithmetic average basis) and compare it to the applicable NOx limit of [subdivision (8) of] subsection (c)LUofthis section; (B) Ifthe NOx DailyAverage Concentration is greater than the applicable NOx limit of [subdivision (8) ofJ subsection (c)(8) ofthis section, then calculate the number of ERCs used; (C) Ifthe NOx DailyAverage Concentration is less than the applicable NOx limit of [subdivision (8) of] subsection (c)(8) ofthis section but greater than the NOx Trading Baseline, then ERCs shall neither be used nor created; (D) Ifthe NOx DailyAverage 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 DailyAverage Concentration - (0.95x applicable NOx limit of subdivision (8) ofsubsection (c) ofthis 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 DailyAveraging Period] ] lbs ERCs used =17
[NOx DailyAverage Concentration - (0.95 x applicable NOx limit of subsection (c)(8) ofthis section)] x [1 .194 x 10-7 ] xjDiluent Correction] x ff-factorl x [Daily Heat Input Rate Average] x [# ofActual Operating Hours in the DailyAveraging Period]

lbs ERCs created =

[NOx Trading Baseline - NOx DailyAverage Concentration] x [1 .194 x 10"7 ] x [Diluent Correction] x [f-factor] x [Daily Heat Input Rate Average] x [# ofActual Operating Hours in the DailyAveraging Period] x [0.85]
where: NOx DailyAverage Concentration: Average ofall 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: If02 is used as the diluent, then the diluent correction = [20 .9/ 20.9 - 7]

. If C02is used as the diluent, then the diluent correction = [100 / equivalent % C02]

. f-factor: If02is used as the diluent, then fd is in the units ofdscf/mmBTU

. If C02is 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 ofall valid hourly Heat Input Rate values (mmBTU/hr) recorded during the DailyAveraging Period

. DailyAveraging Period: The total ofall 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 ERCcreation is determined

. The Trading Baseline will be the applicable NOx limit of [subdivision (8) of] subsection (c)(8) ofthis section or, ifthe historical actual daily average concentration is less than the applicable NOx limit of [subdivision (8) of] subsection (c)M ofthis section, the value established by the commissioner (ppmvd @ 7%02 or ppmv @

an equivalent %

C02)

. 0 .85: This factor represents 10%ERCretirement for environmental benefits and 5%retirement for heat input measurement uncertainties

. Ifthe 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 are18 being met and uses such monitors to determine heat input to the unit, then 0.90 can be substituted for 0.85

. (5) Any MWCowner or operator seeking to create ERCs pursuant to this subsection shall : (A) In accordance with subsection (k) ofthis 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 ofsuch ERCs

. Such request shall include the following minimuminformation: (i) the monthly operating reports ofactual fuel use in mmBTU, (ii) the daily actual NOx mass emissions and NOxconcentrations (24-hour average), (iii) the number ofvalid data hours in each 24-hour period for which approval is requested, (iv) the number ofoperating hours per day, and (v) the quantity of ERCs created[ .] ; and
Create all such ERCs prior toJanuary l, 2009

. (6) Any MWCowner or operator intending to use ERCs pursuant to this subsection shall : (A) No later than the first day ofeach calendar month, calculate, in tons, ERCs per monthfor each MWCunit, the projected maximum number of ERCs required for that calendar month using the formulas provided in [subparagraph (E) of] subdivision (4)LE) ofthis subsection; (B) No later than the first day ofeach calendar month, acquire a sufficient number of ERCs approved by the commissioner to match the quantity needed as determined according to subparagraph (A) ofthis subdivision

. Thequantity needed may be satisfied with unused ERCs created or acquired in previous months, subject to the restrictions ofsubparagraph (D) ofthis subdivision

. Credits to be used during the ozone season must have been generated during the ozone season; (C) No later than the twentieth day ofeach 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 ERCgenerator 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) ofthis section shall have been createdwithin the two calendar years preceding the year ofsuch ERCuse; (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 ERCused to meet the emission limits contained herein shall have been created within the five calendar years preceding the year ofsuch ERCuse; 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 ofeach year, the MWCowner or operator shall provide to the commissioner a report containing the following information: (A) Arecord for the previous calendar year ofeach use, sale or other transfer ofany andall ofthe ERCs created in accordance with this subsection; and (B) Arecord for the previous calendar year ofactual NOx emissions fromthe facility and each MWCunit, the quantity of ERCs created and the quantity ofERCs used, on a monthly basis and an ozone season basis

. (8) Any reports required bythis subsection shall be made on forms furnished or prescribed by the commissioner

. (9) Any creation or use of ERCs for the purposes ofthis subsection shall conform to the provisions ofthe U

.S

. Environmental Protection Agency's "Economic Incentive ProgramRules," 40 CFR [Part] 51, Subpart U

. (10) Anyemission reductions under this subsection for the purposes of ERCcreation shall [be] : (A) [Calculated] Be calculated in a reliable and replicable manner; and (B) Not be a reduction required by any provision ofthe state implementation plan at the time the reduction was made, and shall not be areduction 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) ofthis subsection

. (11) It shall be aviolation ofthis section ifthe calculation specified by [subparagraph (C) of] subdivision (6)n this subsection demonstrates that any MWCowner or operator did not hold or acquire a sufficient number of ERCs to comply with the NOx emission limits contained herein

. In addition, the MWCowner or operator shall acquire additional ERCs in an amount equal to three (3) ERCs for every one (1) ERCneeded for compliance, had the ERCs been held or acquired at the time specified in [subparagraph (B) of] subdivision (6)(B) ofthis subsection

. The20

additional ERCs shall be acquired on or before the last day ofthe calendar month in which the calculation specified by [subparagraph (C) ofJ subdivision (6)~C,) ofthis subsection is performed

. Nothing herein shall preclude the commissioner fromtaking 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 useor 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 offive percent (5 %) of the observation period (i .e., nine (9) minutes per threehour period), as specified in [subparagraph (I) ofsubdivision (4) of] subsection (i)~1~ of this section

. (2) The emission limit specified in subdivision (1) ofthis subsection does not cover visible emissions discharged inside buildings or within enclosures ofash conveying systems; however, the emission limit specified in subdivision (1) ofthis subsection does cover visible emissions discharged to the atmosphere frombuildings or enclosures ofash conveying systems

. (3) The provisions specified in subdivision (1) ofthis subsection do not apply during maintenance and repair ofash conveying systems, however, all reasonable measures to control fugitive emissions on such occasions shall be implemented

. (g) Operating practices

. (1) No owner or operator ofa 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 whichcompliance with the dioxin/furan emissions limit was achieved

. (2) No owner or operator of a municipal waste combustor unit shall causeor allow such unit to operate at a municipal waste combustor unit load greater than one hundred ten percent (110 %) ofthe 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 steamflowmeter

. (3) An owner or operator may, notwithstanding subdivisions (1) and (2) ofthis subsection, during the annual dioxin/furan emissions performance test and for two (2) weeks prior to such test, allow

temperatures in excess ofthat specified in subdivision (1) ofthis subsection and municipal waste combustor unit load limits in excess ofthat specified in subdivision (2) ofthis 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 ofthe 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 ofsystem 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 an22

evaluation ofsystemperformance, testing of new technology or control technologies or diagnostic testing

. (5) During the operation ofa MWCunit, the carbon injection systemoperating parameter(s) that is the primary indicator(s) ofthe carbon mass feed rate (e.g., screw feeder setting) shall be averaged over ablock 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) ofthis section[, based on a 24-hour arithmetic average]

. (h) Operator training and certification

. (1) No owner or operator ofa municipal waste combustor plant shall cause or allow such plant to be operated at any time unless a certified chiefoperator or shift operator is physically present at the plant

. (2) Operators shall be certified by the commissioner under section 22a-231-1 ofthe Regulations ofConnecticut State Agencies and shall be identified as either a Class I or Class 11 chiefoperator or a Class I or Class II shift operator

. (3) [All] Not later than six (6) months after the date of employment, all chiefoperators and shift operators must satisfactorily complete an operator training course conducted by the commissioner [no later than 180days following the effective date of this section or the date six months after the date of plant startup, whichever is later

. Chiefoperators 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 oneyear after the effective date ofthis section, the] The owner or operator ofa 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 ofthis 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) Asummary ofthe applicable emission limits and operational requirements ; (B) Adescription 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 programto review

the Municipal Waste Combustor Operating &Maintenance Manual with each person who has responsibilities affecting the operation ofa MWCplant 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 thejob positions identified in this subdivision prior to each new employee's assumption of any responsibilities at a MWCplant

. [The owner or operator shall train those who presently are employed in thejob positions identified in this subdivision within oneyear after the effective date ofthis section.] Following initial training, the training programshall 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) ofthis subsection and shall be available for inspection by the commissioner or Administrator upon request

. (i) Performance testing

. (1) [Each MWCowner 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 completedwithin 180days after the final compliance date identified in subsection (m) ofthis section.] (2) [Following the date that the initial performance tests for dioxin/furan, particulate matter, hydrogen chloride, cadmium, lead, mercury and fugitive ashare completed, the] The owner or operator ofa 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 suchpollutant

. (3) Notwithstanding subdivision (2) ofthis subsection, upon demonstration for two (2) consecutiveyears that the dioxin/furan emission levels from all units at a MWCplant 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 MWCowner or operator shall only be required to conduct performance testing for dioxin/furan on one unit at that MWCplant

. 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 each24

unit is tested at the same frequency

. If in any year following the year ofelection 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 whichconstruction 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 MWCowner or operator shall resume testing ofall units atthe MWCplant 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 ofthis subdivision, at whichtime the owner/operator may resume testing in accordance with this subdivision

. (4) Each MWCowner 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 CFR60, Appendix A, Reference Method 1 shall be used to select the sampling site and number oftraverse points forparticulate matter testing, (ii) 40 CFR60, Appendix A, Reference Method 3 shall be used for flue gas analysis for particulate matter testing, (iii) 40 CFR60, 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 andfilter 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 29test run, the minimum

sample time shall be two (2) hours, (iv) 40 CFR60, Appendix A, Reference Method 9shall be used for determining compliance with the opacity emissions limit, except as provided under 40 CFR60.11(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 ofsampling 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 29shall 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 runfor 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 cadmiumand lead shall be based on an arithmetic average determined usingall 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 ofsampling points, (ii) 40CFR [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 minimumsample 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[~-

# CEi-Eo

Ei 

### X100

where: [%Phg] L16Py~ =percent reduction ofthe 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), and26

(vi) The compliance determinations for mercury shall be based an arithmetic average ofemission concentrations or percent reductions determined using all data generated in a minimum ofat 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,) ofthis section; (E) Compliance with the nitrogen oxide emission limit shall be determined by using the CEM

systemspecified in [subdivision (1) of] subsection (j)W ofthis section

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

system specified in [subdivision (1) of] subsection (j)(Dofthis section; (G) Testing for hydrogen chloride levels shall be conducted in accordance with the following procedures: (i) 40CFR [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 26test runfor hydrogen chloride required by this section, (iii) The percent reduction in potential hydrogen chloride emissions (%PHCI) shall be computed using the following equation: 

### [0 YOpHG01 Ei - Eo

- Ei x 100

where: YopHCI =percent reduction ofthe 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 reductions27

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 ofsampling 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 runfor dioxin/furan required by this section, and (vi) The compliance determination for dioxin/furan levels shall be based on an arithmetic average determined usingall 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 ofthree (3) one-hour observations, and (iii) The observation period shall include representative operational times when the facility is transferring ashfromthe 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 ofthe COZ correction factor which is equivalent to a 7%OZ correction factor:

### 28

13

. 9 C02correction factor = n , x C02 measured (20, y - 02measured/

, and (iii) Calculation ofaunit-specific equivalent COZ correction factor shall be the arithmetic mean ofthe result obtained fromthe three (3) test runs and the calculation ofthe COZ correction factor for each test run pursuant to subparagraph (J)(ii) ofthis 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 systemoperating parameters such as the screw feeder speed, hopper volume, hopper refill frequency, or other parameters appropriate to the feed systembeing 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 mayelect 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 laterthan the applicable compliance date specified in subsection (m) ofthis section, the] The owner or operator ofamunicipal waste combustor shall install, operate and calibrate such continuous emission monitoring systemin a manner acceptable to the commissioner and certify to the commissioner, in writing, that the equipment specifications for the continuous emission monitoring systemhave been and are being met

. In addition to the aforementioned continuous monitoring systems, the owner or operator ofa 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 ofthe flue gas at each location where carbon dioxide, sulfur dioxide or nitrogen oxide emissions are monitored, and, ifactivated 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 CFR60, Appendix B, Performance Specification 1 ; [R .C.S.A.] section 22a-174-4ofthe Regulations ofConnecticut StateAgencies; and 40 CFR 60.13; (B) 02 and C02monitors shall meet the applicable performance and quality assurance requirements of 40CFR60, Appendix B, Performance Specification 3; 40 CFR 60, Appendix F, Procedure 1 ; and 40 CFR60.13; (C) S02monitors shall : (i) [meet] Meet the applicable performance and quality assurance requirements of 40CFR60, Appendix B, Performance Specification 2 ; 40 CFR60, Appendix F, Procedure 1 ; and 40CFR60.13[ ;] , 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%) ofthe mean value ofthe reference method test data in terms ofthe units ofthe emission standard or five ppmdv absolute value ofthe 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 CFR60, 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 CFR60, Appendix B, Performance Specification 4or 4A (as applicable) ; 40 CFR60, Appendix F, Procedure 1 and 40 CFR 60.13 [;]1 and
ii For units subjectto the 100 ppmdv carbon monoxide standard, the relative accuracy criterion offive ppmdv is calculated as the absolute value ofthe mean difference between the reference method and the CEM system ; (F) Continuous monitoring systems for MWCunit load shall meet the requirements of 40 CFR60.1810(a) ; and (G) If activated carbon is used to control dioxin/furan or mercury emissions[,]

_ 

### 01 [monitoring] Monitoring ofthe 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 systemoperation

. The operational indicator shall provide an instantaneous visual or audible alarmto alert the operator ofa potential interruption in the carbon feed that would not normally be indicated by direct monitoring ofcarbon mass feed rate (e.g
. continuous weight loss feeder) or monitoring ofthe carbon systemoperating parameter or parameters that are the indicator or indicators ofthe carbon mass feed rate (e.g
. screw feeder speed)

. The carbon injection system operational indicator used to provide additional verification ofcarbon injection systemoperation, including basis for selecting the indicator and operator response to the indicator alarm, shall be included in the sitespecific Municipal Waste Combustor Operating &Mainten ance Manual

. (2) AMWCowner or operator shall comply withthe following minimum data requirements : (A) Data available for gaseous and process CEMs shall not be less than ninety percent (90%) ofthe total operating hours in any one calendar quarter and not less than ninety-five percent 95%) ofthe total operating hours in any one calendar year; (B) Data available for opacity CEMs shall not be less than ninety-five percent (95%) ofthe total operating hours in any one calendar quarter; (C) Obtain valid 1-hour averages for seventy-five percent (75%) ofthe operating hours per day for ninety percent (90%) ofthe 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) ofthis section in the event of failure to obtain the minimum data required by subparagraphs (A) and (B) ofthis 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) Usingall data obtained froma CEM to calculate emissions concentrations and percent reductions as required by this section regardless ofwhether the minimum

data availability requirements of subparagraphs (A) and (B) ofthis subdivision are obtained

. [(3) The mean difference criteria evaluation specified in 40 CFR60, Appendix B, Performance Specification 4A shall be performed on the diluent corrected emission concentrationvalues using the following equation:31

Mean difference= I d ~ + ~ cc I < 5ppm where, ~ dI = absolute value ofthe mean ofthe differences

~ cc ~ =the confidence coefficient ] During a loss ofboiler water level control or a loss ofcombustion air control malfunction period a diluent can offourteen percent for oxygen or five percent for carbon dioxide may be used in the emissions calculations for sulfur dioxide and n itrogen oxides

. (k) Record keeping requirements

. (1) The owner or operator of a municipal waste combustor shall maintain records ofthe information specified in subdivisions (2) through [(11)] 13 ofthis 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 ofat least five (5) years fromthe date the record was created

. (2) Operator training and certification records shall be maintained on an annual basis, as follows: (A) The names ofthe chiefoperators and shift operators, certified by the commissioner, and employed at the plant, including the dates ofinitial and renewal certifications and documentation ofcurrent certification; (B) The names ofthe chief operators and shift operators who have completed an operator training course as required under [subdivision (3) of] subsection (h)(Dof this section; and (C) The names ofthe persons at the plant whohave completed a training program as required under [subdivision (5) of] subsection (h)(Qofthis section

. (3) Emission concentrations andparameters, 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) Thecalendar dates when any ofthe average emission concentrations, percent reductions, operating parameters or opacity levels recorded under subdivisions (3) or (4) ofthis subsection are above the applicable limit shall be identified

. The reasons for such exceedances, a description ofcorrective actions taken and a description ofthe measures taken to prevent future exceedances shall also be recorded

. (6) The calendar dates for which the minimum number of hours ofany ofthe data required by this section have not been obtained shall be identified, the reasons for not obtaining sufficient data, a description ofcorrective actions taken and a description ofthe measures taken to prevent future losses ofdata

. (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 fromthe calculation ofaverage 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 ofdaily 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 ofan 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 andfugitive ashshall 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 ifestablished during the initial performance test

. (10) The test reports and supporting calculations documenting the results ofall 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 andfugitive ashshall be recorded

. The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature33

(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 ifthe 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 ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, during the initial mercury performance test andall subsequent annual performance tests, with supporting calculations; (B) Estimates ofthe 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 ofthe average carbon mass feed rate, measured in kilograms per hour or pounds per hour, for each hour ofoperation, with supporting calculations; (D) For each calendar quarter, estimates ofthe total carbon usagefor each MWCunit in kilograms or pounds for each calendar quarter by two independent methods, according to the procedures specified below : (i) For each MWCunit, estimate the weight ofcarbon delivered, and (ii) For each MWCunit, 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) ofsubdivision ] subsection (i)(4)LK) ofthis section, and sum the results for the total number of hours of operation during the calendar quarter; (E) Carbon injection systemoperating parameter data for the parameter(s) that are the primary indicator(s) ofcarbon feed rate (e.g., screw feeder speed) ; and (F) The times and calendar dates when average carbon mass feed rates were less than either ofthe hourly carbon feed rates estimated during mercury or dioxin/furan emissions tests

. The reasons for such feed rates and a description ofcorrective actions taken shall also be recorded

. For each MWCunit, the following records ofair 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 ofoperation with supporting calculations; and

### 34

For each calendar quarter, total reagent usage for each MWCunit in kilograms or pounds for each calendar quarter

. 13 For each MWCunit, the following information shall be recorded daily: (A) Daily fossil fuel usage rates for each fuel ; and Daily hours ofoperation, in which periods ofstartup and shutdown are distinguished

. (n Reporting requirements

. (1) [The MWCowner or operator shall submit an initial performance test report to the commissioner within sixty (60) days after the date ofcompletion ofthe initial performance test as specified in subsection (i) ofthis 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 andfugitive 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 29.92inches Hg as normal conditions, using the Toxic Equivalency Factors specified in section 22a-174-1(29) ofthe Regulations ofConnecticut State Agencies; (C) The performance evaluation for the continuous emission monitoring systemusing the applicable performance specifications andprocedures 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) ofthis section, the owner or operator shall submit the results ofthe tests establishing the relationship, including test results, identification ofthe unit test, the date and time ofeach test run, and, as necessary, a schedule for making the appropriate modifications to the CEM systemto incorporate the equivalent % C02correction 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) ofthis 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 MWCunit, the MWCowner or operator shall submit a quarterly report to the commissioner within thirty (30) days following the end ofeach calendar quarter in which the data were collected

. [The first quarterly report shall be submitted within thirty (30) days following the end ofthe 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 ofthe calendar dates during the calendar quarter reported when average carbon mass feed rates were less than either ofthe 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 ofthe corrective actions taken shall also be reported, (ii) The total carbon purchased for and delivered to the MWCplant or purchased for and delivered to each MWCunit for the reported calendar quarter, and (iii) The required usage ofcarbon for the reported calendar quarter for the MWCplant or for each MWCunit at the plant, calculated using equation 4 or 5 of40 CFR 60.1935(f) ; and (D) The data and results ofany CEM quality assurance testing conducted pursuant to this section

. (3) Except as set forth in subparagraph (D) ofthis subdivision, the MWCowner or operator shall submit an annual report to the commissioner no laterthan January 30 ofeach year following the calendar year in which the data were collected

. [The first annual report shall be submitted no later than January 30ofthe first year following the end ofthe calendar year in which the initial performance test is conducted.] Each annual report shall include the following information:36

(A) Asummary ofdata collected for each pollutant regulated under this section and all applicable parameters, as follows: (i) Alist ofthe 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) ofthis subsection, (ii) Alist ofthe 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, forthe aforementioned pollutants, (iii) The highest six-minute average opacity level measured, (iv) The relationship between carbon dioxide and oxygen, ifsuch relationship is reestablished, including test results, identification ofthe units tested and the date and time of each test run, and, as necessary, a schedule for making the appropriate modifications to the CEM systemto incorporate the equivalent %

C02correction factor, (v) The total number of days that the minimum number of hours ofdata 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 fromthe calculation of average emission concentrations or parameters; (B) The information required by subparagraphs (A)(i), (A)(ii) and (A)(iii) ofthis subdivision for the previous calendar year; and (C) The data summaries required by subparagraphs (A) and (B) ofthis 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 MWCowner or operator is subject to more stringent annual reporting requirements pursuant to apermit issued under Title VoftheAct or section 22a174-33 ofthe Regulations ofConnecticut StateAgencies, those requirements shall supersede the requirements ofthis subsection]

.37

(4) At least ninety (90) days before any MWCowner or operator plans to conduct any performance test required under this subsection, such owner or operator shall submit a performance test plan for review andwritten approval ofthe commissioner

. Suchplan 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 MWCowner or operator shall provide written notification to the commissionerthree (3) business days prior to conducting any performance test required under this subsection

. (6) The MWCowner or operator shall provide written notification to the commissioner within seventy-two (72) hours ofthe 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 certificationjsigned by a responsible corporate officer or a duly authorized representative ofsuch officer, as those terms are defined in ] signed in accordance with section [22a-430-3(b)(2)] 22a-174-2a(a)(4) ofthe Regulations ofConnecticut StateAgencies[, and by the individual or individuals responsible for actually preparing such document, each ofwhom shall examine and be familiar with the informationsubmitted in the document andall attachments thereto, and shall make inquiry ofthose individuals responsible for obtaining the information to determine that the information is true, accurate, and complete, and each ofwhom shall certify in writing as follows:

"I have personally examined and am familiar with the informationsubmitted in this document and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry ofthose 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 anyfalse statement made in the submitted information may be punishable as a criminal offense under section 22a-175 ofthe Connecticut General Statutes or, in accordance with section 22a-6 ofthe Connecticut General Statutes, under section 53a-157b ofthe Connecticut General Statutes, and in accordance with any other applicable statute." ]

. (8) The MWCowner or operator shall submit all reports and notifications required by this subsection on forms furnished or prescribed by the commissioner

. (9) The MWCowner or operator shall submit all reports specified under this subsection as a38

paper copy, with supporting data in either paper or electronic format, postmarked on or before the submittal dates specified in this subsection, and maintain suchreports at the premises as a paper copy with any supporting data in the format submitted for a period offive (5) years from the date ofsubmission to the commissioner

. (m) [Compliance schedule] Duty to comply

. (1) [The owner or operator ofa MWCfor which construction commenced prior to September 20, 1994 shall achieve final compliance with the applicable emission limits specified in subsections (c) and (f) ofthis section, with the exception ofthe emission limits ofTables 38-1a and 38-3a, no later than December 19, 2000

. (2) The owner or operator ofa MWCfor which construction commenced prior to September 20, 1994shall achieve final compliance with the emission limit specified in Table 38-1a of subsection (c) ofthis section no later than the date thirty-six months following the effective date ofthis section

. (3) The owner or operator ofa MWCfor 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) ofthis section, with the exception ofthe emission limits ofTables 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 MWCfor 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 ofsubsection (c) ofthis section no later than the date thirty-six months following the effective date ofthis section or the date ofinitial operation, whichever is later

. (5) The owner or operator of any MWCshall achieve final compliance with the applicable emission limit specified in Table 38-3a ofsubsection (c) ofthis section no later than May 1, 2003 or the date ofinitial operation, whichever is later

. (6) ] The owner or operator ofa MWCsubject to this section who is unable to comply with the requirements ofthis section [within the final compliance dates specified in this subsection shall cease operation

. Within one year ofthe effective date ofthis section such an owner or operator] shall [either immediately cease operation or], at the discretion ofthe 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 oneyear fromthe date that the inability to comply is discovered, by whichoperations shall cease

. [(7) On and after the date one year fromthe effective date ofthis section, any MWCthat has been operated in full compliance with all requirements ofthis section for nitrogen oxides shall be exempt fromthe following provisions ofthe Regulations of Connecticut State Agencies: (A) Section 22a-174-22(k) concerning nitrogen oxides emissions testing and monitoring; and39

(B) Section 22a-174-22(1) concerning reporting and record keepingfor nitrogen oxides

. (8) Any MWCthat is operating in full compliance with all requirements ofthis 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) ofthe Regulations of Connecticut State Agencies as ofthe effective date ofthis section.] Nothing in this section shall limit the commissioner's authorityto impose further restrictions or requirements in a permit issued to the owner or operator ofa MWCunit

.
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, whichwere promulgated on May 10, 2006 (71 FR27324)

. 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 RCSAsection 22a-174- 38 fromthe requirements of RCSAsection 22a-174-22; designates an end to the creation and use ofemission reduction credits; and updates the format to the Department's current conventions

.