STATE OF CONNECTICUT 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Statement of Reasons Pursuant to 

Connecticut General Statutes Section 4-168(d) 

HEARING REPORT 

November 14, 2001 

Amendment of the Regulations of Connecticut State Agencies 

Concerning. the Adoption of Section 22a-174-2a - Procedural Requirements for 

New Source Review and Title V Permitting; Section 22a-174-3a - Permit to 

Construct and Operate Stationary Sources; Section 22a-174-3b - Exemptions 

from Permitting for Construction and Operation of External Combustion Units, 

Automotive Refinishing Operations, Nonmetallic Mineral Processing Equipment 

and Surface Coating Operations; and Section 22a-174-3c - Limitations on 

Potential to Emit for External Combustion Units, Automotive Refinishing 

Operations, Emergency Engines, Nonmetallic Mineral Processing Equipment and 

Surface Coating Operations 

and 

the Revision of Section 22a-174-1- Definitions; 

and Section 22a-174-33 - Title V Sources 

and 

the Deletion of Section 22a-174-2 - Registration Requirements for Existing 

Stationary Sources of Air Pollutants ; and Section 22a-174-3 - Permits to 

Construct and Permits to Operate Stationary Sources or Modifications 

Co-Hearing Officers: 

Christopher James, Director, Planning & Standards Division, Bureau of Air 

Management 

Tracy Babbidge, Acting Assistant Director, Planning & Standards Division, 

Bureau of Air Management 

Hearing Dates September 5, 20©1 

( Printed on Recycled Paper j 

79 Elm Street " Hartford, CT 06106 - 3127 

http:lJdepatsce.ct.= 

An Equal Opportunity Ensploysr 
STATE OF CONNECTICUT 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Statement of Reasons Pursuant to 

Connecticut General Statutes Section 4-168(d) 

HEARING REPORT 

November 14, 2001 

Amendment of the Regulations of Connecticut State Agencies 

Concerning- the Adoption of Section 22a-174-2a - Procedural Requirements for 

New Source Review and Title V Permitting; Section 22a-174-3a - Permit to 

Construct and Operate Stationary Sources; Section 22a-174-3b - Exemptions 

from Permitting for Construction and Operation of External Combustion Units, 

Automotive Refinishing Operations, Nonmetallic Mineral Processing Equipment 

and Surface Coating Operations; and Section 22a-174-3c - Limitations on 

Potential to Emit for External Combustion Units, Automotive Refinishing 

Operations, Emergency Engines, Nonmetallic Mineral Processing Equipment and 

Surface Coating Operations 

and 

the Revision of Section 22a-174-1- Definitions; 

and Section 22a-174-33 - Title V Sources 

and 

the Deletion of Section 22a-174-2 - Registration Requirements for Existing 

Stationary Sources of Air Pollutants ; and Section 22a-174-3 - Permits to 

Construct and Permits to Operate Stationary Sources or Modifications 

Co-Hearing Officers : 

Christopher James, Director, Planning & Standards Division, Bureau of Air 

Management 

Tracy Babbidge, Acting Assistant Director, Planning & Standards Division, 

Bureau of Air Management 

Hearing Date: September 5, 2001 

( Printed on Recycled Paper ) 

79 Elm Street " Hartford, CT 06106 - 5127 

http ://dep .state .ct.us 

An Equal Opportunity Employer 
Table of Contents 

page 

I . Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 

II. Administrative Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

2 

A. Hearing Report Content. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 

B. Adoption of Regulations Pertaining to Activities for which the 

Federal Government has adopted Standards or Procedures. . . . . . . . . . . 2 

III. Background, Summary and Text of the Proposed Regulations . . . . . . . . . . . . . . . . . . . . . . 3 

A. Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

B. Development of the Proposed Regulations . . . . . . . . . . . . . . . . . . . . . . . 3 

C. Summary of the Regulations as Proposed for Public Hearing . . . . . . . . 4 

D. Text of Proposed R.C.S .A. section 22a-174-1 . . . . . . . . . . . . . . . . . . . . . 5 

E. Text of Proposed R.C.S .A. section 22a-174-2 and 22a-174-2a . . . . . . 35 

F. Text of Proposed R.C.S.A. section 22a-174-3 and 22a-174-3a . . . . . . . 49 

G. Text of Proposed R.C.S.A. section 22a-174-3b . . . . . . . . . . . . . . . . . . . 75 

H. Text of Proposed R.C.S.A. section 22a-174-3c . . . . . . . . . . . . . . . . . . . 84 

I. Text of Proposed R.C.S.A. section 22a-174-33 . . . . . . . . . . . . . . . . . . . 87 

IV. Statement of Principal Reasons in Support of the 

Department's Intended Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 

V. Statement of Principal Considerations in Opposition to the 

Department's Intended Action as Urged in Written or 

Oral Comments and the Department's Reason for 

Rejecting Such Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 

A. Principal Considerations Raised in Opposition to the 

Proposed Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 

B. Reasons for Rejecting Considerations Opposition to the 

Proposed Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 

VI. General Comments on the Proposed Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 

A. Summary of General Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 

A. B. Department's Response to General Comments on the 

Proposed Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 

VII. Summary of Specific Comments on Proposed R.C.S.A. Section 22a-174-1 . . . . . . . . . 140 

VIII. Summary of Specific Comments on Proposed R.C.S.A. Section 22a-174-2a. . . . . . . . 189 

IX. Summary of Specific Comments on Proposed R.C.S.A. Section 22a-174-3a. . . . . . . . 213 

X. Summary of Specific Comments on Proposed R.C.S .A. Section 22a-174-3b . . . . . . . . 260 

XI. Summary of Specific Comments on Proposed R.C.S .A. Section 22a-174-3c . . . . . . . . 273 

XU. Summary of Specific Comments on Proposed R.C.S .A. Section 22a-174-33. . . . . . . . 273 

XIII. Additional Comments of the Hearing Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 

XIV. Final Wording of the Proposed Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 

A. Final Wording of Proposed R.C.S.A. 22a-174-1 . . . . . . . . . . . . . . . . . 298 

B. Final Wording of Proposed R.C.S.A. 22a-174-2 and 22a-174-2a . . . . 328. 

C. Final Wording of Proposed R.C.S.A. 22a-174-3 and 22a-174-3a . . . . 343 

D. Final Wording of Proposed R.C.S.A. 22a-174-3b . . . . . . . . . . . . . . . . 371 

E. Final Wording of Proposed R.C.S.A. 22a-174-3c . . . . . . . . . . . . . . . . 381 

F. Final Wording of Proposed R.C.S.A.22a-174-33' . . . . . . . . . . . . . . . . 384 

XV. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .428 
1. Introduction 

On July 17, 2001, the Commissioner of the Department of Environmental Protection 

(Department) published a notice of intent to adopt, revise and repeal State air quality 

regulations, revise the State Implementation Plan (SIP) for Air Quality and revise the State 

Title V operating permit program. 

The public hearing concerned eight sections of the Regulations of Connecticut State Agencies 

(R.C.S .A.), described further below. These regulations implement two federal programs as 

required by the federal Clean Air Act (CAA). These programs are the new source review 

(NSR) pre-construction review program and the Title V operating permits program (Title V). 

The United States Environmental Protection Agency (EPA) granted interim approval to the 

Department of Environmental Protection (DEP) to implement the Title V program in "Clean 

Air Act Interim Approval of Operating Permits Program; Delegation of Section 111 and 112 

Standards; State of Connecticut," Proposed Rule, 61 Fed. Reg. 64651 (December 6, 1996) 

finalized by EPA at 62 Fed. Reg. 13 830 (March 24, 1997) (hereafter, EPA's Title V Interim 

Approval). The EPA's Title V Interim Approval identified approximately thirty issues that 

DEP must address before EPA will convert the interim approval to a full approval. DEP now, 

pursuant to EPA's Title V Interim Approval, proposes to revise the state Title V operating 

permit program regulations consistent with the EPA's Title V Interim Approval in order to 

obtain final approval of the operating permits program as mandated by the CAA. 

Pursuant to such notice, a public hearing was held on September 5, 2001 in the Phoenix 

Auditorium at 79 Elm Street Hartford, Connecticut. The public comment period for these 

proposed regulations closed on September 7, 2001 at 5 p.m. This report addresses only 

comments received by the close of the public comment period . The Department received a 

number of comments after the close of the public comment period ; this report does not 

individually address them. However, this report addresses such comments to the extent such 

comments are similar to comments received before the close of the public comment period. 

Some of the commentors are actually representing multiple organizations and should be 

recognized as such. 

II . Administrative Requirements 

A. Hearing Report Content 

As required by Connecticut General Statutes (C.G.S .) § 4-168(d), this report describes the 

amendments to the R.C.S .A. as proposed for hearing; the final wording of the proposed 

amendments to the R.C.S .A. ; a statement of the principal reasons in support of the 

Department's proposed action ; a statement of the principal reasons in opposition of the 

Department's proposed action and the reasons for rejecting such comments; and a summary of 

all comments and responses thereto on the proposed action. Those who provided comments 

are identified in Attachment 1 . 

B. Adoption of Regulations Pertaining to Activities for which the Federal 

Government has Adopted Standards or Procedures 
In response to C.G.S . § 22a-6(h), the Department has entered a statement into the public 

record identifying all provisions of the proposed regulations that differ from applicable 

federal standards and procedures . In addition, the Department has entered a supplemental 

document into the regulation-making record required under Title 4, Chapter 54 of the C.G.S . 

that explains where the proposed state standards or procedures differ from applicable federal 

standards or procedures. While the Department received numerous comments on its 

interpretation of C.G.S. § 22a-6(h), such comments were beyond the scope of the proposed 

regulations and are not addressed in this report. 

III. Background, Summary and Text of the Proposed Regulations 

A. Background 

The Department is vested with the statutory authority necessary to formulate, adopt and 

amend regulations to control and prohibit air pollution within Connecticut. (See C.G.S. §§ 

22a-6 and 22a-174). In addition to the existing State statutory authority, Title V of the CAA, 

as amended (42 USC 7661 et seq.), requires Connecticut to develop an operating permit 

program and submit it to EPA for approval. EPA has promulgated rules that define the 

minimum elements of an approvable state operating permit program and the corresponding 

standards and procedures by which EPA will approve, oversee, and withdraw approval of 

state operating permit programs. See 57 Fed. Reg. 32250 (July 24, 1992). These rules are 

codified at 40 Code of Federal Regulations (CPR) Part 70. Furthermore, the State is required 

to adopt a SIP to require permits for the construction and operation of new or modified major 

stationary sources under sections 172 and 173 of the CAA. EPA has also promulgated rules 

that define the minimum elements of an approvable new source review program. These rules 

are codified at 40 CFR 51 .165 and 51 .166. 

B. Development of the Proposed Regulations 

The informal public outreach for the regulatory package was extensive. In 1997 the package 

consisted of draft sections 22a-174-2a and 22a-174-3a and amendments to sections 22a-174-1 

and 22a-174-33 of the R.C.S.A. Draft sections 22a-174-3b and 22a-174-3c of the R.C.S .A 

were introduced in 2001 but many of the concepts were already familiar as they were 

embodied in existing general permits. 

The Department took steps to involve stakeholders in the development of the proposed 

regulations. The Department established a subcommittee of the State Implementation Plan 

Revision Advisory Committee (SIPRAC) to focus on the development of regulations to revise 

the NSR and Title V programs within Connecticut. The SIPRAC subcommittee was open to 

all interested persons and open meetings were held by the SIPRAC subcommittee through 

1997 and 1998 on the regulatory package described above: Due to other regulatory priorities 

within the Department such as the development of regulations in response to EPA's NOx SIP 

call and Governor John G. Rowland's Executive Order No. 19, this regulatory package was 

not actively pursued again until the fall of 2000. Additional resource constraints due to state 

budgetary directives also prolonged the development of these proposed regulations. 
Most recently the SIPRAC subcommittee met on the following dates: February 23, 2001, 

April 2, 2001, March 8, 2001, May 10, 2001, and May 18, 2001 . At these meetings many 

issues were discussed including, the Department's proposed regulatory approach, the 

timeframe for adoption of regulations, and various technical issues . 

C. Summary of the Regulations as Proposed for Public Hearing 

1. RC.S.A. section 22a-174-1- Definitions. This amendment consolidates into one 

section the definitions of terms that are used in multiple sections of the regulations for the 

abatement of air pollution. This amendment also clarifies and streamlines existing definitions 

pertaining to federal programs and requirements implemented by the DEP. 

2. R.C.S.A. section 22a-174-2 - Registration requirements for existing 

stationary sources of air pollutants. The provisions of this section are obsolete and proposed 

for repeal. 

3. R.C.S.A. section 22a-174-2a - Procedural requirements for new source review 

and Title V permitting. Like the proposed amendment to section 22a-174-1 of the RC.S .A., this 

amendment addresses a number of issues raised in EPA's Title V Interim Approval. This 

amendment establishes a minor permit revision procedure for holders of Title V operating 

permits. Such procedures meet the requirements set forth in 40 Code of Federal Regulations 

(CFR) 70.7(e)(2) by providing adequate, streamlined and reasonable procedures for expeditiously 

processing Title V permit modifications. This amendment also consolidates many procedural 

requirements that must be met prior to the issuance of new source review permits under proposed 

new section 22a-174-3a of the R.C.S .A. and the amended Title V operating permits under section 

22a-174-33 of the R.C .S .A. 

4. R.C.S.A. section 22a-174-3 - Permits to construct and permits to operate 

stationary sources or modifications. The provisions of this section are proposed for repeal and 

replacement by section 22a-174-3a of the R.C.S .A. 

5. R.C.S.A. section 22a-174-3a - Permit to Construct and Operate Stationary 

Sources. This new section addresses a significant issue raised in EPA's Title V Interim Approval 

regarding the requirement that the state adopt a federal program, pursuant to section 112(g) of the 

CAA and 40 CFR 63, Subpart B, for the pre-construction review of new or reconstructed sources 

of federally listed hazardous air pollutants (HAPs). As part of such pre-construction review, the 

DEP will be authorized to establish maximum achievable control technology requirements to limit 

HAP emissions from sources for which the EPA has not issued any control requirements. 

In addition to establishment of a program pursuant to section 112(g) of the CAA, this amendment 

reconciles certain applicability provisions under which some sources are required to apply for, but 

not obtain, an air pollution control permit. This amendment provides the requirements for permit 

applications, standards for granting permits and permit modifications, and establishes the 

threshold for which a state specific air pollution control permit is required at a level of 15 tons per 

year of potential emissions. Because the state permit threshold is more stringent than the federal 

program, this amendment also provides for an exemption from the requirement to obtain a new 

source review permit when a source operates in a manner that restricts actual emissions below the 

applicability thresholds. 
6. R.C.S.A. section 22a-174-3b - Exemption from permitting for construction 

and operation of external combustion units, automotive refinishing operations, emergency 

engines, non-metallic mineral processing equipment and surface coating operations . This 

new section establishes practicably enforceable emission limitations and operational restrictions 

for several source categories . Compliance with the emission limitations and operational 

restrictions will limit the actual emissions of these small stationary sources to levels for which an 

individual permit under R.C.S .A. section 22a-174-3a will not be required in most cases. This 

section also establishes record keeping ripquirements appropriate for these small stationary sources 

to demonstrate compliance with the applicable standards. Several provisions of this proposed 

regulation will be submitted to EPA to address a portion of the EPA-identified emission reduction 

shortfall of 4.9 tons per day of volatile organic compounds and 0.4 tons per day of nitrogen oxides 

within the Southwest Connecticut severe ozone nonattainment area. 

7. R.C.S .A. section 22a-174-3c - Limitations on potential to emit for external 

combustion units, automotive refinishing operations, emergency engines, non-metallic 

mineral processing equipment and surface coating operations. This new section establishes 

limitations on potential emissions for a subset of the sources that may be operated under RC.S .A. 

section 22a-174-3b. Owners and operators of equipment at facilities with premises-wide fuel, 

coating and solvent purchase levels, as applicable, below the limits specified in the section would 

not be required to obtain a permit under R.C.S .A. section 22a-174-3a or to operate under R.C.S .A. 

section 22a-174-3b. 

8. RC.S.A. section 22a-174-33 - Title V Sources. This amendment addresses the 

remainder of issues raised in EPA's Title V Interim Approval. This amendment deletes several 

definitions that are added to the general definition section of the regulations for the abatement of 

air pollution (see discussion of section 22a-174-1 of the R.C.S .A., above) . This amendment also 

deletes several procedural requirements that are incorporated in new section 22a-174-2a of the 

R.C.S .A. concerning procedural requirements for new source review and Title V permitting. (See 

discussion of section 22a-174-2a of the R.C.S .A. above.) These deletions are located in the 

following subsections: (a) definitions, (b) signatory responsibilities, (0 notices, (m) public 

hearings, (r) modifications (except for operational flexibility and off permit changes), (s) 

transfers, and (t) revocations. 

D. Text of Proposed RC.S.A. section 22a-174-1 : 

Section 1 . Section 22a-174-1 of the Regulations of Connecticut State 

Agencies is amended to read as follows : 

Sec . 22a-174-1 . Definitions . 

[For the purposes of sections 22a-174-1 through 22a-174-200 

the following definitions shall be used :] EXCEPT AS MAY OTHERWISE 

BE PROVIDED, AS USED IN SECTIONS 22a-174-1 TO 22a-174-200, 

INCLUSIVE, OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES : 

[(1) "Actual emissions" means the rate of emissions from a 

source, including fugitive emissions quantified by permit, order 

or by registration information, after application of air 
pollution control equipment, of a particular air pollutant where 

the rate of emissions is calculated using : 

(A) Real or expected production rates, hours of operation, 

and types of materials processed, stored or combusted 

for the period specified ; and 

(B) Information from the "Compilation of Air Pollutant 

Emission Factors" (AP-42) published by the U . S . 

Environmental Protection Agency, relevant source test 

data or other information deemed more representative by 

the Commissioner . 

For the purposes of determining actual emissions in 

subsections (k) and (1) of section 22a-174-3 and in the 

definitions of excessive concentration, commence or commencement 

and potential emissions, the Commissioner shall determine the 

actual emissions of a stationary source over the two (2) year 

period prior to the date of an application under subsection 

22a-174-3(a) ._ The Commissioner may allow or require the use of 

another period which is deemed more representative, but in no 

event can it be before the design year of an applicable 

attainment plan .] 

(1) "ACT" MEANS THE FEDERAL CLEAN AIR ACT, 42 USC SECTIONS 7401 TO 

7671q AND PUBLIC LAW 101-549 . 

(2) "ACTUAL EMISSIONS" HAS THE SAME MEANING AS IN 40 CFR 

51 .165(a)(1)(xii)(A) THROUGH (D), INCLUSIVE, PROVIDED THAT ACTUAL 

EMISSIONS SHALL INCLUDE FUGITIVE EMISSIONS TO THE EXTENT 

QUANTIFIABLE . 

[(2)] (3) "Administrator" means the [administrator] ADMINISTRATOR 

of the United States Environmental Protection Agency . 

(4) "AFFECTED STATE OR STATES" MEANS THE COMMONWEALTH OF 

MASSACHUSETTS, THE STATES OF NEW YORK, RHODE ISLAND AND ANY OTHER 

STATE LOCATED WITHIN FIFTY (50) MILES OF A CONNECTICUT TITLE V 

SOURCE . 

[(3)] (5) "Air pollutant" means dust, fumes, mist, smoke, other 

particulate matter, vapor, gas, aerosol, odorous substances, or 

any combination thereof, but does not include carbon dioxide, 

uncombined water vapor or water droplets, or molecular oxygen 

EXPRESSED AS Oz or nitrogen . 

[(4)](6) "Air pollution" means the presence in the [outdoor 

atmosphere] AMBIENT AIR of one or more air pollutants or any 

combination thereof in such quantities and of such 

characteristics and duration as to be, or [be] likely to be, 
injurious to public welfare OR THE ENVIRONMENT, to the health of 

human, plant or animal life, or to property, or as unreasonably 

to interfere with the enjoyment of life and property . 

(7) "AIR POLLUTION CONTROL EQUIPMENT" MEANS ANY EQUIPMENT WHICH IS 

DESIGNED TO REDUCE EMISSIONS OF AIR POLLUTANTS FROM A STATIONARY 

SOURCE . 

[(5)](8) "Allowable emissions" HAS THE SAME MEANING AS IN 40 CFR 

51 .165(a)(1)(xi) . [means the rate of emissions from a stationary 

source of a particular air pollutant where the emission rate is 

calculated using the maximum rated capacity of the source, unless 

the source is subject to permit conditions or other order of the 

Commissioner which limit the maximum rated capacity by 

restricting the operating rate or hours of operation of the 

source, and the most stringent of the following : 

(A) Applicable standards as set forth in Title 40 of the 

Code of Federal Regulations Part 60 and Part 61 ; as 

from time to time may be amended ; 

(B) The applicable emission limitation under these 

regulations including those with a future compliance 

date ; ' 

(C) The emission rate specified as a condition of a permit 

or order issued by the Commissioner, including any such 

condition with a future compliance date ; or 

(D) The applicable emission limitation under the State 

Implementation Plan, including any such limitation with 

a future compliance date . 

For the purpose of calculating allowable emissions in 

subparagraph 22a-174-3(c)(1)(B), subdivisions (k)(5), (k)(6), 

(1)(1) or (1)(5) in section 22a-174-3 or in the definitions of 

dispersion technique and excessive concentration, the emission 

limitation in (B) above, emission rate in (C) above and the 

permit conditions or other order of the Commissioner which limit 

the maximum rated capacity by restricting the operating rate or 

hours of operation of the source must be federally enforceable .] 

[(6)](9) "Ambient air" means that portion of the atmosphere, 

external to buildings, to which the general public has access . 

[(7)] (10) "AAQS " OR "Ambient air quality standard" [or °AAQS"] means 

any standard which establishes the largest allowable 

concentration of a specific pollutant in the ambient air [or] OF 

a region or subregion as established by the United States 
Environmental Protection Agency or by the [Commissioner] 

COMMISSIONER and which is listed in section 22a-174-24[ .] OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES . 

[(8)] (11) "Architectural coating" means a coating used for 

residential or commercial buildings and their appurtenances, or 

industrial buildings, or other outdoor structures . 

[(9)](12) "Attainment" means that the quality of the ambient air, 

as determined by the [Commissioner] ADMINISTRATOR, meets 

(National] THE Ambient Air Quality Standards for a given air 

pollutant_ [for which such standards have been established by the 

United States Environmental Protection Agency .] 

[(10)](13)"Attainment area" means a geographic area which has been 

designated BY THE ADMINISTRATOR as attainment under [Title] 40 

[Code of Federal Regulations] CFR [Part] 81 in accordance with 

the provisions of 42 [U .S .C .] USC [Section] 7407 [(section 107 of 

the Clean Air Act)] . - 

(14) "BASELINE CONCENTRATION" HAS THE SAME MEANING AS IN 40 CFR 

51 .16 6 ( b ) (13 ) ( i ) THROUGH ( i i ) ( b ) , INCLUSIVE . 

[(11)](15) "Best Available Control Technology" or "BACT" means an 

emission limitation, including a [visible emission standard,] 

LIMITATION ON VISIBLE EMISSIONS, based upon the maximum degree of 

reduction for each applicable air pollutant emitted from any 

proposed stationary source or modification which the 

[Commissioner] COMMISSIONER, on a case-by-case basis, determines 

is achievable . [for a similar or representative type of source or 

modification through] BACT MAY INCLUDE, WITHOUT LIMITATION, THE 

application of production processes, WORK PRACTICE STANDARDS or 

available methods, systems, and techniques, including fuel 

cleaning or treatment, THE USE OF clean fuels, or innovative 

[fuel combustion] techniques for THE control of such air 

pollutant[ . In determining BACT the Commissioner may take into 

account any emission limitation, including any visible emission 

standard, which has been achieved in practice under any permit 

limitation or demonstrated by any stack test acceptable to the 

Commissioner . For the purposes of this definition, the 

Commissioner may exclude any stack test on a pilot plant or 

prototype equipment which does not have reasonable operating 

experience or which may not be generally available for industry 

use . In determining BACT the Commissioner shall take into 

account energy, environmental and economic impacts and other 

costs . In no event shall the application of BACT result in 

emissions of any pollutant which would exceed the emission 

allowed by an applicable standard under Title 40 of the Code of 

Federal Regulations Part 60 and Part 61, as from time to time may 
be amended . In determining BACT for a reconstructed source, the 

Commissioner shall take into account the provisions of Title 40 

of the Code of Federal Regulations Part 60 .15(f)(4), as from time 

to time may be amended, in assessing whether a standard of 

performance under Part 60 is applicable to such source . If the 

Commissioner determines that technological or economic 

limitations on the application of measurement methodology to a 

particular class of sources would make the imposition of an 

emission standard infeasible, the Commissioner may prescribe a 

design, equipment, work practice or operational standard, or 

combination thereof, to satisfy the requirement for the 

application of BACT . Such standard shall, to the degree 

possible, set forth the emission reduction achievable by 

implementation ,of such design, equipment, work practice or 

operation and shall provide for compliance by means which achieve 

equivalent results] . 

[(12)](16) "Begin actual .construction" HAS THE SAME MEANING AS 

IN 40 CFR 51 .165(a)(1)(xv)_. [means initiation of physical on-site 

construction activities of an emissions unit which are of a 

permanent nature . Such activities include, but are not limited 

to, installation of building supports and foundations, laying of 

underground pipework, and construction of permanent storage 

structures . With respect to a change in the method of operation 

this term refers to those on-site activities which mark the 

initiation of the change .] 

[ (13) ] (17) ["BTU"] "BTU" means British thermal unit, which is the 

amount of heat required to raise the temperature of one pound of 

water one degree Fahrenheit . 

((14)](18) "CAS Number" means the number given to a compound by 

the American Chemical Society's Chemical Abstract Service . 

[(15)](19) "CFR" means the Code of Federal Regulations . 

P16)] (20) ,"Combustion efficiency" means the percentage [number] 

calculated in accordance with the following formula : 

CE _ [ COZ ] X (100) 

[ CO ] + [ COz ] 

where : CE = Combustion efficiency in percent ; 

COZ = Amount of carbon dioxide ; 

.CO = Amount of carbon monoxide ; and 

CO and COZ are both measured in volume units 
(21) "COMMENCE OPERATION" MEANS THE OWNER OR OPERATOR OF THE 

STATIONARY SOURCE HAS BEGUN, OR CAUSED TO BEGIN, ANY ACTIVITY 

WHICH HAS THE POTENTIAL TO EMIT ANY AIR POLLUTANT . 

[(17)] (22) "Commence[" or "Commencement" as applied to 

construction of a stationary source or modification] CONSTRUCTION" 

means that the owner or operator OF THE PROPOSED STATIONARY 

SOURCE OR PROPOSED MODIFICATION TO A STATIONARY SOURCE has all 

necessary permits or approvals required under federal air quality 

control laws and [these regulations,] SECTION 22a-174-1, ET SEQ . 

OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, and has either : 

(A) Begun, or caused to begin, a CONTINUOUS program of 

physical on-site construction of the source[ :],SUBJECT 

TO A SCHEDULE APPROVED BY THE COMMISSIONER, WITHOUT ANY 

BREAKS IN SUCH CONSTRUCTION OF MORE THAN EIGHTEEN 

MONTHS ; OR 

[(i) subject to a schedule which will lead to 

completion in a reasonable time ; and 

(ii) without any breaks in such construction of more 

than 18 months ; or] 

(B) Entered into [site specific] binding agreements or 

contractual obligations TO UNDERTAKE ACTUAL 

CONSTRUCTION OF THE SOURCE WITHIN A REASONABLE TIME, 

which cannot be [cancelled] CANCELED or modified 

without substantial ECONOMIC loss to the owner or 

operator[, to undertake a program of construction of 

the source to be completed within a reasonable time] . 

[For the purposes of this definition construction means any 

physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification) 

which would result in a change in either potential or actual 

emissions .] 

[(18)](23) "Commissioner" means the Commissioner of Environmental 

Protection, or any member of the Department or any local air 

pollution control official or agency authorized by the 

[Commissioner] COMMISSIONER, acting singly or jointly, to whom 

the [Commissioner] COMMISSIONER assigns any function arising 

under the provisions of these regulations . 

(24) "CONSTRUCTION" HAS THE SAME MEANING AS IN 40 CFR 51 .165 

(a) (1) (xviii) . 
(25) "CEM" OR "CONTINUOUS EMISSION MONITORING" MEANS A SYSTEM FOR 

CONTINUOUSLY MEASURING THE EMISSIONS OF ANY POLLUTANT FROM A 

STATIONARY SOURCE . 

(26) "CERC" OR "CONTINUOUS EMISSION REDUCTION CREDIT" MEANS A REAL, 

QUANTIFIABLE, SURPLUS, PERMANENT AND ENFORCEABLE REDUCTION OF AN 

AIR POLLUTANT AT A SOURCE WHICH IS : 

(A) CERTIFIED BY THE COMMISSIONER THROUGH A SIP APPROVED 

PLAN; AND 

(B) GENERATED OVER AN UNINTERRUPTED PERIOD OF TIME IN 

INCREMENTS OF ONE TON OF A SPECIFIED AIR POLLUTANT . 

[(19)](27) "Criteria [Air Pollutant"] AIR POLLUTANT" means any air 

pollutant for which an ambient air quality standard has been 

established by the [administrator] ADMINISTRATOR in accordance 

with Section 107 of the [Clean Air] Act . 

[(20)] (28) "Department" means the Department of Environmental 

Protection . 

[(21) "Deterioration in air quality" means that a pollutant 

concentration in a region or subregion for any pollutant 

specified in these regulations will exceed the maximum pollutant 

concentration for the specified time period for that region or 

subregion .] 

[(22)] (29) "Dioxin emissions" means [tetrachlorodibenzodioxin 

(TCDD) and tetrachlorodibenzofuran (TCDF) emissions or emissions 

of any other isomers of comparable toxicity] THE TOTAL EMISSIONS 

OF POLYCHLORODIBENZODIOXINS (PCDDs) AND POLYCHLORODIBENZOFURANS 

(PCDFs) CONVERTED TO THE TOXIC EQUIVALENCE AMOUNT OF 2,3,7,8-

TETRACHLOROTEDIBENZODIOXIN (2,3,7,8-TCDD) . For the purposes of 

this definition, the [Commissioner] COMMISSIONER shall determine 

the [equivalent] TOXIC EQUIVALENCE amount of 2,3,7,8-TCDD BY 

MULTIPLYING THE CONCENTRATION OF EACH ISOMER IN THE SAMPLE BY THE 

APPROPRIATE TOXIC EQUIVALENCY FACTOR (TEF) SET FORTH IN TABLE 1-1 

AND THEN ADDING THE PRODUCTS TO OBTAIN THE TOTAL DIOXIN EMISSIONS 

IN THE SAMPLE . [using the following toxic equivalency factors 

(TEF)] 

Table 1-1 

FORM OF DIOXIN EMISSIONS TEF 

monochlorodibenzodioxin 0 

dichlorodibenzodioxin 0 

11 
Table 1-1 

FORM OF DIOXIN EMISSIONS TEF 

trichlorodibenzodioxin 0 

2,3,7,8 tetrachlorodibenzodioxin 1 .0 

other tetrachlorodibenzodioxins 0 .01 

[2,3,7,8 pentachlorodibenzodioxin 0 .5) 

1,2,3,7,8 PENTACHLORODIBENZODIOXIN 0 .5 

other pentachlorodibenzodioxins 0 .005 

[2,3,7,8 hexachlorodibenzodioxin 0 .04) 

1,2,3,4,7,8 HEXACHLORODIBENZODIOXIN 0 .04 

1,2,3,6,7,8 HEXACHLORODIBENZODIOXIN 0 .04 

1,2,3,7,8,9 HEXACHLORODIBENZODIOXIN 0 .04 

other hexachlorodibenzodioxins 0 .0004 

[2,3,7,8 heptachlorodibenzodioxin 0 .001) 

1,2,3,4,6,7,8 

HEPTACHLORODIBENZODIOXIN 

0 .001 

other heptachlorodibenzodioxins 0 .0000 

1 

octachlorodibenzodioxin 0 

monochlorodibenzofuran 0 

dichlorodibenzofuran 0 

trichlorodibenzofuran 0 

2,3,7,8 tetrachlorodibenzofuran 0 .1 

f 

12 
Table 1-1 

FORM OF DIOXIN EMISSIONS TEF 

other tetrachlorodibenzofurans 0 .001 

[2,3,6,7 pentachlorodibenzofuran 0 .1] 

1,2,3,7,8 PENTACHLORODIBENZOFURAN 0 .1 

2,3,4,7,8 PENTACHLORODIBENZOFL7RAN 0 .1 

other pentachlorodibenzofurans 0 .001 

[2,3,7,8 hexachlorodibenzofuran 0 .01] 

1,2,3,4,7,8 HEXACHLORODIBENZOFLTRAN 0 .01 

1,2,3,6,7,8 HEXACHLORODIBENZOFLTFLAN 0 .01 

2,3,4,6,7,8 HEXACHLORODIBENZOFURAN 0 .01 

1,2,3,7,8,9 HEXACHLORODIBENZOFURAN 0 .01 

other hexachlorodibenzofurans 0 .0001 

[2,3,7,8 heptachlorodibenzofuran 0 .001] 

1,2,3,4,6,7,8 

HEPTACHLORODIBENZOFiJRAN 

II 

0 .001 

~1,2,3 4 7,8,9 

HEPTACHLORODIBENZOFURAN 

0 .001 

other heptachlorodibenzofurans 0 .0000 

1 

octachlorodibenzofuran I O 

[To determine total dioxin emissions, multiply the isomer 

concentration in the sample by the appropriate toxic equivalency 

factor and then add the products to obtain the total 2,3,7,8-TCDD 

equivalents in the sample .] 
[ (23) ] (30) "Discharge point" means any stack [and shall also 

include any] OR area from which [a hazardous] AN air pollutant IS 

RELEASED INTO THE AMBIENT AIR [emanates by evaporation, 

diffusion, or wind entrainment into the ambient air] . 

[(24)] (31) "Dispersion technique" [means any method which attempts 

to affect the concentration of a pollutant in the ambient air 

by :] HAS THE SAME MEANING AS IN 40 CFR 51 .100(hh) . 

[(A) Using that portion of a stack which exceeds the good 

engineering practice stack height ; 

(B) Varying the rate of emission of a pollutant according 

to atmospheric conditions or ambient concentrations of 

" that pollutant ; or 

(C) Increasing final exhaust gas plume rise by manipulating 

source process parameters, exhaust gas parameters, 

stack parameters, or combining exhaust gases from 

several existing stacks into one stack or other 

selective handling of exhaust gas so as to increase the 

exhaust gas plume rise . 

The preceding sentence does not include : 

(i) the reheating of a gas stream, following use of a 

pollution control system, for the purpose of 

returning the gas to the temperature at which it 

was originally discharged from the facility 

generating the gas stream ; 

(ii) the merging of exhaust gas streams where : 

(aa) the owner or operator demonstrates that the 

facility was originally designed and 

constructed with such merged gas streams ; or 

(bb) after July 8, 1985 such merging is part of a 

change in operation at the facility that 

includes the installation of pollution 

. controls and is accompanied by a net 

reduction in the allowable emissions of a 

pollutant . This exclusion from the 

definition of dispersion technique applies 

only to the emission limitation for the 

pollutant affected by such change in 

operation ; or 
(cc) before July 8, 1985 such merging was part of 

a change in operation at the facility that 

included the installation of emissions 

control equipment or was carried out for 

sound economic or engineering reasons . 

Where there was an increase in the emission 

limitation or, in the event that no emission 

limitation was in existence prior to the 

merging, an increase in the quantity of 

pollutants actually emitted prior to the 

merging, the Commissioner shall presume that 

merging was significantly motivated by an 

intent to gain emissions credit for greater 

dispersion . Absent a demonstration by the 

source owner or operator that the merging 

was not significantly motivated by such 

intent, the Commissioner shall deny credit 

for the effect of such merging in 

calculating the allowable emissions of the 

source . 

(iii)smoke management in agricultural or silvacultural 

prescribed burning programs ; 

(iv) episodic restrictions on residential woodburning 

and open burning ; or 

(v) techniques under part C of this definition which 

increase final exhaust gas plume rise where the 

resulting allowable emissions of sulfur dioxide do 

not exceed five thousand (5,000) . tons per year .] 

(32) "DERC" OR "DISCRETE EMISSION REDUCTION CREDIT" MEANS THE 

REAL, QUANTIFIABLE, SURPLUS, PERMANENT, AND ENFORCEABLE REDUCTION 

OF AN AIR POLLUTANT AT A SOURCE, WHICH IS : 

(A) CERTIFIED BY THE COMMISSIONER THROUGH A SIP APPROVED 

PLAN ; AND 

(B) GENERATED DURING A SPECIFIED PERIOD OF TIME . 

[(25)] (33) "Emission" means the [act of releasing] RELEASE or 

[discharging] DISCHARGE OF AN air [pollutants] POLLUTANT into the 

ambient air from any source . 

[(26)] (34) "Emission limitation" and "Emission standard" HAVE THE 

SAME MEANING AS IN 40 CFR 51 .100(z)_. [mean a requirement 

established by the Commissioner or the Administrator which limits 

the quantity, rate, or concentration of emissions of air 
pollutants on a continuous basis, including any requirement which 

limits the level of opacity, prescribes equipment or fuel 

specifications, or relates to the operation or maintenance of a 

source to assure continuous emission'reduction .] 

(35) "EMISSION UNIT" HAS THE SAME MEANING AS IN 40 CFR 

51 .165 (a) (1) (vii) . 

(36) "ERC" OR "EMISSION REDUCTION CREDIT" MEANS REAL, QUANTIFIABLE, 

SURPLUS, PERMANENT, AND ENFORCEABLE REDUCTIONS OF AIR POLLUTANT 

EMISSIONS FROM A SOURCE, WHEN SUCH REDUCTIONS ARE CERTIFIED BY 

THE COMMISSIONER THROUGH A SIP APPROVED PLAN AND RECORDED AS 

CERCS OR DERCS . 

[(27)] (37) "Excessive concentration" has the same meaning as 

[ascribed to that term] in [Title] 40 [Code of Federal 

Regulations Part] CFR 51 .100(kk) . 

[(28)] (38) "Federally enforceable" [means all limitations and 

conditions which are : approved by the Administrator, including 

those requirements developed pursuant to 40 CFR Parts 60 and 61 ; 

requirements within any applicable State Implementation Plan 

(SIP) ; any permit requirements established pursuant to 40 CFR 

Parts 52 .10, 52 .21, 70 or 71, under regulations approved pursuant 

to 40 CFR Part 51, subpart I ; and any permit to construct 

requirements established pursuant to section 22a-174-3 .] HAS THE 

SAME MEANING AS IN 40 CFR 51 .165(a)(1)(xiv) . 

[(29)] (3-9) "Flare" means an apparatus, [or contrivance] DEVICE, 

PROCESS, OR PROCEDURE for the burning of flammable gases or 

vapors at or near the exit of a stack, flue or vent . 

[(30)] (40) "Fuel-burning equipment" means any furnace, boiler, 

apparatus, stack, and all appurtenances thereto, used in the 

process of burning fuel for the primary purpose of producing heat 

or power . 

[(31)] (41) "Fugitive dust" means solid airborne particulate matter 

emitted from any source other than through a stack . 

[(32)](42) "Fugitive emissions" means fugitive dust or those 

emissions [which could not] THAT CANNOT reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening . 

[(33)] (43) "Good engineering practice (GEP) stack height" or 

["(GEP)"] has the same meaning as [ascribed to that term] in 

[Title] 40 [Code of Federal Regulations Part] CFR 51 .100(ii) . 
[(34)](44) "Hazardous air pollutant," EXCEPT AS OTHERWISE PROVIDED 

IN SECTION 22a-174-3a OF THE REGULATIONS OF CONNECTICUT STATE 

AGENCIES, means a substance listed in [either Table 29-1, 29-2, 

or 29-3 of] section 22a-174-29 OF THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES . 

[(35)"Hazardous air pollutant advisory panel" or "Panel" means 

the panel created by Public Act 85-590 .] 

[ (36) ] (45) "Hazard limiting value" or "HLV" [, ] means the highest 

[acceptable] ALLOWABLE concentration [in the ambient air] of a 

hazardous air pollutant IN THE AMBIENT AIR, (as shown in Table 

29-1, 29-2, or 29-3 of] PURSUANT TO section 22a-174-29 OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES_. (as determined by the 

Commissioner . The primary use of this term is in the derivation 

of the maximum allowable stack concentration for a source .] 

[(37)](46) "Heat input" means the total gross calorific value of 

all fuels burned, measured in [BTU] BTU by ASTM Method D2015-66, 

D240-64, or D1826-64, using the [higher] HIGHEST heating value of 

each fuel . 

[(38)] (47) "Incinerator" means any device, apparatus, equipment, 

SLAB, or structure used for destroying, reducing, or salvaging, 

by fire OR HEAT, any WASTE (material or substance including, but 

not limited to, refuse, rubbish, garbage, trade waste, debris or 

scrap ; or facilities for cremating] OR human or animal remains[ . 

For further definitions related to incineration, see subdivision 

22a-174-18(c)(1) .] PROVIDED THAT, FOR THE PURPOSES OF THIS 

DEFINITION, WASTE DOES NOT INCLUDE : 

(A) USED OIL MEETING THE SPECIFICATIONS OF 40 CFR 279 .11 ; 

OR 

(B) USED OIL BURNED IN SPACE HEATERS MEETING THE 

REQUIREMENTS OF 40 CFR 279 .23 . 

[(39)](48) "Indian Governing Body" HAS THE SAME MEANING AS IN 40 

CFR 51 .166(b)(28)_. (means the governing body of any tribe, band 

or group of Indians which tribe, band or group of Indians is 

subject to the jurisdiction of the United States and recognized 

by the United States as possessing power of self-government .] 

((40)] (49) "Indian reservation" HAS THE SAME MEANING AS IN 40 CFR 

51 .166(b)(27)_. [means any federally recognized reservation 

established by Treaty, Agreement, Executive Order or Act of 

Congress .] 
[ (41) ] (50) "Indirect source" means any building, st"ructure, 

facility installation, or combination thereof, that has or leads 

to associated activity as a result of which an air pollutant is 

or may be emitted . Indirect sources include, but are not limited 

to : shopping centers, sports complexes[ ;], drive-in theaters or 

restaurants[ ;], parking lots or garages[ ;], residential, 

commercial, industrial or institutional buildings or 

developments[ ;], amusement parks and other recreational areas[ ;], 

highways[ ;], AND airports [and combinations thereof] . 

[(42)](51) "Indirect source construction permit" means a permit 

[for] ISSUED BY THE COMMISSIONER AUTHORIZING the construction of 

an indirect source [which .is required to ensure that the proposed 

indirect source will neither prevent nor interfere, either 

directly or indirectly, with the attainment or maintenance of any 

applicable ambient air quality standard] . . 

(52) "INNOVATIVE CONTROL TECHNOLOGY" HAS THE SAME MEANING AS IN 40 

CFR 51 .166 (b)(19) . 

[(43)](53) "Internal offset" means any federally enforceable 

reduction of actual emissions from one or more stationary sources 

on [a premise] THE SAME PREMISES which (can be] ARE used to 

offset [allowable] POTENTIAL emissions increases from a proposed 

[new] stationary source or [modification] PROPOSED CHANGE TO A 

STATIONARY SOURCE on such (premise] PREMISES . 

[(44)] (54) "LAER" or "Lowest Achievable Emission Rate" HAS THE 

SAME MEANING AS IN 40 CFR 51 .165(a)(1)(xiii) . (means the rate of 

emissions, which reflects the more stringent of : 

(A) The most stringent emission limitation which is 

contained in any state implementation plan for such 

class or category of stationary source, unless the 

owner or operator demonstrates to the Commissioner's 

satisfaction that such limitations are not achievable ; 

or 

(B) The most stringent emission limitation which is 

achieved in practice by such stationary source or 

category of stationary source . 

In determining LAER the Commissioner may take into account 

any emission limitation, including a visible emission standard, 

which has been established as a permit limitation or demonstrated 

by a stack test acceptable to the Commissioner . For the purposes 

of this definition, the Commissioner may exclude any stack test 

on a pilot plant or prototype equipment which does not have 

reasonable operating experience or which may not be generally 

18 
available for industry use . In no event shall the application of 

this term permit a proposed new or modified source to emit any 

pollutant in excess of the amount allowable under applicable 

standards in Title 40 of the Code of Federal Regulations Part 60 

and Part 61, as from time to time may be amended .] 

((45)](55) "Major modification" HAS THE SAME MEANING AS IN 40 CFR 

51 .165 (a)(1)(v) . [means a physical change or change in the 

method of operation of a major stationary source which would 

result in an increase in potential emissions of any individual 

air .pollutant equal to or greater than the amount listed in Table 

3(k)-1 in section 22a-174-3 1(m)-1 . For the purposes of this 

definition : 

(A) A major stationary source of volatile organic compounds 

or nitrogen oxides shall be considered a major 

stationary source for ozone ; 

(B) In calculating potential emissions any physical or 

operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control 

equipment, or restrictions on production rates, hours 

of operation, and types of materials processed, stored 

or combusted which limit the maximum rated capacity 

shall be treated as part of its design if the 

limitation or the effect the limitation would have on 

emissions is federally enforceable ; 

(C) in calculating a potential emissions increase of 

volatile organic compounds or nitrogen oxides, all 

previous increases in potential emissions from the 

subject premise shall be aggregated over the.most 

recent five (5) consecutive calendar years . Such five 

(5) year period shall not precede January 1, 1991 and 

shall include the calendar year in which the proposed 

increase will occur . Such aggregation shall exclude 

emission increases previously permitted under 

subsection 22a-174-3(1) . If such aggregated emissions 

are greater than twenty-five (25) tons over the five 

~(5) year period, then the annual average of such 

aggregated emissions shall be added to the increase in 

potential emissions in determining if such emissions 

increase is equal to or greater than the amount listed 

in Table 3(k)-1 in section 22a-174-3 .] . 

(56) "MAJOR SOURCE BASELINE DATE" MEANS JANUARY 6, 1975 FOR 

PARTICULATE MATTER AND SULFUR DIOXIDE AND FEBRUARY 8, 1988 FOR 

NITROGEN DIOXIDE . 
[(46)](57) "Major stationary source" HAS THE SAME MEANING AS IN 40 

CFR 51 .165 (a) (1) (iv) . [means : 

(A) A premise with potential emissions equal to or greater 

than one hundred (100) tons per year of any individual 

air pollutant prior to the application for a 

modification to that stationary source or addition to 

the premise ; or the more stringent of the following 

applicable thresholds shall apply : 

(i) fifty (50) tons per year of volatile organic 

compounds or nitrogen oxides in any serious 

non-attainment area for .ozone ; or 

(ii) twenty-five (25) tons per year of volatile organic 

compounds or nitrogen oxides in any severe 

non-attainment area for ozone ; 

(B) A premise with potential emissions equal to or greater 

than the thresholds in subparagraph (A) above after 

taking into consideration : 

(i) any increase in potential emissions of fifteen 

(15) tons per year or more from a proposed 

modification or the addition of a proposed 

stationary source ; and 

(ii) any other increases and decreases in potential 

emissions which the Commissioner determines will 

occur before the date that the increase from the 

proposed modification occurs ; or 

(C) a physical change or change in the method of operation 

of a premise which in and of itself has potential 

emissions greater than or equal to the thresholds in 

subparagraph (A) above ; 

(D) for the purposes of this definition, 

(i) a major stationary source of volatile organic 

compounds or nitrogen oxides shall be considered a 

major stationary source for ozone ; and 

(ii) in calculating potential emissions any physical or 

operational limitation on the capacity of the 

source to emit a pollutant, including air 

pollution control equipment, or restrictions on 

production rates, hours of operation, and types of 

materials processed, stored or combusted which 

20 
limit the maximum rated capacity shall be treated 

as part of its design if the limitation or the 

effect the limitation would have on emissions is 

federally enforceable .] 

(58) "MALFUNCTION" MEANS ANY SUDDEN, UNEXPECTED, 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 WHOLE OR IN PART BY 

POOR MAINTENANCE OR NEGLIGENT OR CARELESS OPERATION SHALL NOT BE 

CONSIDERED A MALFUNCTION. 

(59) "MACT" OR "MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY" MEANS A 

METHOD OF ACHIEVING AN EMISSION LIMITATION OR REDUCING THE 

EMISSION OF HAZARDOUS AIR POLLUTANTS AS DETERMINED BY THE 

COMMISSIONER PURSUANT TO SECTION 22a-174-33(e) OF THE REGULATIONS 

OF CONNECTICUT STATE AGENCIES OR BY THE ADMINISTRATOR PURSUANT TO 

40 CFR 63 . 

[(47)](60)"Maximum allowable stack concentration" or °MASC" is the 

maximum allowable concentration of a hazardous air pollutant in 

the exhaust gas stream AT THE DISCHARGE POINT of a STATIONARY 

source under actual operating conditions [at the discharge 

point] . 

[(48) "Maximum pollutant concentration" means the largest 

concentration of a specific pollutant in a region or subregion 

either as a measured or calculated value, as determined by the 

Commissioner, for the twelve months ending on June 30, 1972 . The 

time periods to be averaged for the purpose of establishing 

maximum pollutant concentrations shall be as follows : for sulfur 

oxides, particulate matter, and nitrogen dioxide, one year ; for 

carbon monoxide, eight hours ; for photochemical oxidants, one 

hour ; for hydrocarbons, three hours .] 

[(49)] (61) "Maximum [rated] capacity" means the design maximum 

hourly capacity OF A STATIONARY SOURCE or highest demonstrated 

hourly capacity OF A STATIONARY SOURCE, whichever is greater, 

multiplied by 365 days per year and 24 hours per day[ .], OR SOME 

OTHER TIME PERIOD AS MAY BE ACCEPTED BY THE COMMISSIONER . 

[(50)](62) "Maximum uncontrolled emissions" means the rate of 

emissions for a source, determined [before] WITHOUT the 

application of air pollution control equipment unless the source 

is incapable of being operated without the air pollution control 

equipment, of a particular air pollutant where [the] SUCH rate 

[of emissions] is calculated using : 
(A) The maximum [rated] capacity of the source unless the 

[Commissioner] COMMISSIONER determines that the source 

is physically unable to operate at that capacity or 

unless the maximum [rated] capacity is limited by 

restrictions on production rates, hours of operation, 

[and] OR types of materials processed, stored or 

combusted either through permit conditions or other 

order of the [Commissioner] COMMISSIONER ; and 

(B) Information from the Compilation of Air Pollutant 

Emission Factors (AP-42) published by the U . S . 

Environmental Protection Agency, relevant source test 

data or other information deemed more representative by 

the [Commissioner .] COMMISSIONER . 

(63) "MINOR PERMIT MODIFICATION" MEANS A CHANGE TO A PERMIT THAT 

IS REQUIRED FOR THE PERMITTEE TO LAWFULLY ENGAGE IN ANY OF THE 

ACTIVITIES OR PROPOSED ACTIVITIES AT A STATIONARY SOURCE 

IDENTIFIED IN : 

(A) SECTION 22a-174-2a(e)(1) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES,FOR ANY NEW SOURCE REVIEW 

PERMIT ; AND 

(B) SECTION 22a-174-2a(e)(2) THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES, FOR ANY TITLE V PERMIT . 

(64) "MINOR SOURCE" MEANS ANY STATIONARY SOURCE WHICH EMITS, AND 

HAS THE POTENTIAL TO EMIT, POLLUTANTS AT RATES OR IN AMOUNTS 

LOWER THAN THOSE SPECIFIED IN SUBDIVISION (57) OF THIS 

SUBSECTION . 

(65) "MINOR SOURCE BASELINE DATE" MEANS JUNE 7, 1988 FOR 

PARTICULATE MATTER, DECEMBER 17, 1984 FOR SULFUR DIOXIDE AND JUNE 

7, 1988 FOR NITROGEN DIOXIDE . 

[(51)](66) "Mobile source" means a source designed or constructed 

to move from one location to another during normal operation 

except portable equipment and includes, but is not limited to, 

automobiles, buses, trucks, tractors, earth moving equipment, 

hoists, cranes, aircraft, locomotives operating on rails, vessels 

for transportation on water, lawnmowers, and other small home 

appliances . 

[(52)] (67) ["Modify" or] "Modification" OR "MODIFIED SOURCE" 

means ANY PHYSICAL CHANGE OR CHANGE IN THE METHOD OF OPERATION 

OF, A STATIONARY SOURCE WHICH INCREASES THE EMISSION RATE OF ANY 

INDIVIDUAL AIR POLLUTANT OR WHICH RESULTS IN THE EMISSION OF ANY 

INDIVIDUAL AIR POLLUTANT NOT PREVIOUSLY EMITTED, EXCEPT THAT : 
(A) ROUTINE MAINTENANCE, REPAIR OR REPLACEMENT AT A 

STATIONARY SOURCE SHALL NOT BE CONSIDERED A PHYSICAL 

CHANGE ; AND 

[(A) making any physical change in, change in the 

method of operation of, or addition to a 

stationary source which : 

(i) increases the potential emissions of any 

individual air pollutant from a stationary source 

by five (5) tons per year or more ; or 

(ii) increases the maximum rated capacity of the 

stationary source unless the owner or operator of 

the stationary source demonstrates to the 

Commissioner's satisfaction that such increase is 

less than fifteen percent (15%) and the change or 

addition does not cause an increase in the actual 

emissions or the potential emissions ; or 

(iii) increases the potential emissions above the levels 

listed in Table 3(k)-1 of subsection 22a-174-3(k) ; 

or 

(iv) increases maximum uncontrolled emissions from a 

stationary source by one hundred (100) tons per 

year or more . 

In addition a change in the type fuel used in accordance 

with a permit or order, or the type of fuel for which the source 

has provided registration under section 22a-174-2 to the 

Commissioner shall be considered a modification unless such 

change is allowed under a permit or other order of the 

Commissioner either of which is federally enforceable .] 

(B) [Notwithstanding the above, the] _THE following [are not 

modifications] SHALL NOT BE CONSIDERED A CHANGE IN THE 

METHOD OF OPERATION unless the stationary source was 

previously limited by permit [conditions] or [other] 

order of the [Commissioner] COMMISSIONER : 

[(i) any routine maintenance, repair or replacement 

unless such replacement results in reconstruction 

as defined in this section ; or 

(ii) a change in the method of operation ; or] 

[(iii)] 

23 
_(i) any increase in the production rate, if such 

increase does not exceed the operating design 

capacity of the affected facility[ ;], or 

[(iv)] 

(ii) any increase in hours of operation[ ; or] . 

[(v) any change, the sole purpose of which is to bring 

an existing source into compliance with 

regulations applicable to such source, unless such 

change is a major modification or a major 

stationary source ; or 

(vi) relocation of a portable rock crusher with 

potential emissions of less than fifteen (15) tons 

per year which has a permit or exemption letter 

issued by the Commissioner under section 22a-174-3 

provided the owner or operator provides written 

notice to the Commissioner prior to the 

relocation ; or 

(vii) relocation of a portable stripping facility which 

has a general permit issued by the Commissioner 

pursuant to section 22a-174(1) of the Connecticut 

General Statutes, provided the owner or operator 

of such facility provides written notice to the 

Commissioner prior to the relocation .] 

(68) "MONITORING" MEANS ANY ACTION OR PROCEDURE THAT IS USED TO 

DETERMINE ACTUAL EMISSIONS FROM A STATIONARY SOURCE OR COMPLIANCE 

WITH THE REQUIREMENTS OF ANY PERMIT, ORDER, STATUTE OR 

REGULATION . ' 

[(53)](69) "Multiple-chamber incinerator" means any article, 

machine, equipment, contrivance, structure or part of a structure 

used to dispose of combustible refuse by burning[,] AND which 

consists of two or more refractory lined combustion furnaces in A 

series, physically separated by refractory walls[,] AND 

interconnected by gas passage ports or ducts [and employing] THAT 

EMPLOYS adequate design parameters necessary for maximum 

combustion of the material to be burned . 

[(54) "Nearby" has the same meaning as ascribed to that term in 

Title 40 Code of Federal Regulations Part 51 .100(jj) .] 

(70) "NET EMISSIONS INCREASE" HAS THE SAME MEANING AS IN 40 CFR 

51 .165 (a)(1)(vi), PROVIDED THAT ANY INCREASES OR DECREASES IN 

ACTUAL EMISSIONS AT A STATIONARY SOURCE ARE CREDITABLE ONLY IF 
SUCH INCREASES OR DECREASES OCCUR WITHIN FIVE (5) YEARS OF THE 

PRESENT MODIFICATION . 

[(55) "Netting" means determining the net emissions increase the 

determination of the increase or decrease, of potential emissions 

only, from stationary sources on any individual premise which the 

Commissioner determines will occur before the date that the 

increase from the proposed modification to the stationary source 

occurs] . 

[ (56) ] (71) "Nitrogen oxides" or "NOx" . means the sum of all oxides 

of nitrogen, expressed as nitrogen dioxide . 

[(57)](72) "Non-attainment" [shall mean] MEANS that the quality of 

the ambient air, as (determined] MEASURED by the [Commissioner] 

COMMISSIONER, fails to meet any [National] Ambient Air Quality 

Standard for .a given pollutant for which such standards have been 

established by the United States Environmental Protection Agency . 

[(58)](73) "Non-attainment air pollutant" means the particular air 

pollutant for which an area is designated AS A non-attainment 

AREA, except that volatile organic compounds and nitrogen oxides 

are non-attainment air pollutants[,] for ozone non-attainment 

areas . 

((59)](74) "Non-attainment area" means a geographic area which 

has been designated as non-attainment under (Title] 40 (Code of 

Federal Regulations Part] CFR 81 in accordance with the 

provisions of 42 [U .S .C section] USC 7407 (section 107 of the 

(Clean Air] Act) . 

[(60)"Non-degradation" means that air quality in any region or 

designated sub-region shall not deteriorate, as defined in this 

section .] 

(75) "NON-MINOR PERMIT MODIFICATION" MEANS A CHANGE TO A PERMIT 

THAT IS REQUIRED FOR THE PERMITTEE TO LAWFULLY ENGAGE IN ANY OF 

THE ACTIVITIES OR PROPOSED ACTIVITIES AT A STATIONARY SOURCE 

IDENTIFIED IN : 

(A) SECTION 22a-174-2a(d)(3) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES,FOR ANY NEW SOURCE REVIEW 

PERMIT ; AND 

(B) SECTION 22a-174-2a(d)(4) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES,FOR ANY TITLE V PERMIT . 

[ (61)] (76) "Of f set f ill pipe" means a f ill pipe that has bends 

or angles such that a straight sleeve cannot be installed . 

25 
[(62)](77) "Opacity" means the degree to which emissions reduce 

the transmission of light and obscure the view of an object in 

the background . 

[(63)] (78) "Open-burning" means the burning of any matter in such 

a manner that the products of combustion resulting from the 

burning are emitted directly into the ambient air without passing 

through [an adequate] A stack or flue . 

[(64)](79) "Operator" means the person or persons [who are 

legally] responsible for the operation of a source of air 

pollution . 

[(65)] (80) "Organic compounds" means any chemical compounds of 

carbon excluding carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbides, metallic carbonates and ammonium carbonate . 

[(66)] (81) "Particulate matter" OR "PM" means any material, except 

water in uncombined form, that is or has been airborne and exists 

as a liquid or a solid [at standard conditions .] IN THE AMBIENT 

AIR . 

(82) "PM 2 .5" MEANS PARTICULATE MATTER WITH AN AERODYNAMIC 

DIAMETER LESS THAN OR EQUAL TO A NOMINAL 2 .5 MICROMETERS AS 

MEASURED BY A REFERENCE METHOD SET FORTH IN 40 CFR 50, APPENDIX 

L, AND DESIGNATED AS A REFERENCE METHOD IN ACCORDANCE WITH 40 CFR 

53 OR BY AN EQUIVALENT METHOD APPROVED BY THE ADMINISTRATOR IN 

ACCORDANCE WITH 40 CFR 53 . 

[(67)] (83) "PM 10" means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers as 

measured by a reference method [based on appendix J of Title 40 

Code of Federal Regulations Part 50 and designated in accordance 

with Title 40 Code of Federal Regulations Part 53 as published in 

the July 1, 1987 Federal Register or by an equivalent method 

approved by the Administrator in accordance with Title 40 Code of 

Federal Regulations Part 53 .] SET FORTH IN 40 CFR 50, APPENDIX M, 

AND DESIGNATED AS A REFERENCE METHOD IN ACCORDANCE WITH 40 CFR 53 

OR BY AN EQUIVALENT METHOD APPROVED BY THE ADMINISTRATOR IN 

ACCORDANCE WITH 40 CFR 53 . 

[(68)] (84) "Permit" [to construct"] means [a permit] ANY LICENSE 

ISSUED UNDER CHAPTER 446c OF THE CONNECTICUT GENERAL 

STATUTES .[for the construction of a stationary source, which is 

required to ensure : 
(A) That the proposed stationary source will not be in 

violation of any applicable emissions rate standards 

imposed by these regulations ; and 

(B) That the proposed stationary source will neither 

prevent nor interfere with the attainment or 

maintenance of any applicable ambient air quality 

standards as described in subparagraph 

22a-174-3 (c) (1) (B) . ] 

[(69)"Permit to operate" means a permit which is required to 

ensure : 

(A) That the operations of a stationary source will be in 

compliance with any applicable emissions rate standards 

or other applicable requirements imposed by these 

regulations ; and 

( .B) That the operations of a stationary source will neither 

prevent nor interfere with the attainment or 

maintenance of any applicable ambient air quality 

standards as described in subparagraph 

22a-174-3 (c) (1) (B) ; arid 

(C) That all the terms of the permit to construct were 

fulfilled .] 

[(70)] (85) "Person" HAS THE SAME MEANING AS IN SECTION 22a-170 OF 

THE CONNECTICUT GENERAL STATUTES . (means any individual, 

corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political 

subdivision of this state, any other state, the United States, or 

political subdivision or agency thereof or any legal successor, 

representative, agent, or any agency of the foregoing .] 

[(71) "Potential emissions" OR "potential to emit" means the rate 

of emissions from a stationary source, including fugitive 

emissions to the extent quantified by permit, order or by 

registration information, after application of air pollution 

control equipment, of a particular air pollutant such that the 

rate is equal to or greater than the actual emissions and where 

the rate is calculated using : 

(A) The maximum rated capacity of the stationary source, 

unless the maximum rated capacity is limited by 

restrictions on production rates, hours of operation, 

and types of materials processed, stored or combusted 

either through permit conditions or other order of the 

Commissioner ; and 
(B) Information from the "Compilation of Air Pollutant 

Emission Factors" (AP-42) published by the U . S . 

Environmental Protection Agency, relevant source test 

data or other information deemed more representative by 

the Commissioner . 

For the purposes of this definition, in calculating 

potential emissions in subsections (k) and (1) of section 

22a-174-3, subsections 22a-174-8(c) and 22a-174-20(ee) or in the 

definitions of major modification, major stationary source, 

netting and commence or commencement, any physical or operational 

limitation or condition restricting the capacity of the source to 

emit a pollutant, including air pollution control equipment or 

restrictions on production rates hours of operation and types of 

materials processed, stored or combusted which limit the maximum 

rated capacity shall be treated as part of its design if the 

limitation or condition, or the effect the limitation or 

condition would have on emissions is federally enforceable .] 

(86) "POTENTIAL EMISSIONS" OR "POTENTIAL TO EMIT" MEANS THE MAXIMUM 

CAPACITY OF A STATIONARY SOURCE, INCLUDING ALL PHYSICAL AND 

OPERATIONAL LIMITATIONS, TO EMIT ANY AIR POLLUTANT, INCLUDING 

FUGITIVE EMISSIONS TO THE EXTENT QUANTIFIABLE, PROVIDED THAT : 

(A) ANY PHYSICAL LIMITATION ON SUCH CAPACITY, NOT INCLUDING 

AIR POLLUTION CONTROL EQUIPMENT, SHALL BE TREATED AS 

PART OF THE STATIONARY SOURCE AS DETERMINED BY THE 

COMMISSIONER OR ADMINISTRATOR ; AND 

(B) ANY OPERATIONAL LIMITATION ON SUCH CAPACITY, INCLUDING 

AIR POLLUTION CONTROL EQUIPMENT, OR A RESTRICTION ON 

THE HOURS OF OPERATION OR ON THE TYPE OR AMOUNT OF 

MATERIAL PROCESSED, STORED OR COMBUSTED, SHALL BE 

TREATED AS PART OF THE STATIONARY SOURCE IF THE 

LIMITATION OR RESTRICTION : 

(i) IS PRACTICABLY ENFORCEABLE, OR 

(ii) IS FEDERALLY ENFORCEABLE . 

(87) "PRACTICABLY ENFORCEABLE" MEANS : 

(A) ANY FEDERALLY ENFORCEABLE EMISSION LIMITATION OR 

RESTRICTION ON POTENTIAL EMISSIONS ; OR 

(B) ANY EMISSION LIMITATION OR RESTRICTION ON THE POTENTIAL 

EMISSIONS SET FORTH IN A PERMIT, ORDER, REGULATION OR 
STATUTE ISSUED OR ADMINISTERED BY THE COMMISSIONER, 

PROVIDED SUCH EMISSION LIMITATION OR RESTRICTION : 

(i) IDENTIFIES THE SUBJECT STATIONARY SOURCE OR 

CATEGORY OF STATIONARY SOURCE, 

(ii) SPECIFIES AN EMISSION LIMITATION OR RESTRICTION 

USING A SHORT TERM EMISSIONS RATE FOR SUCH 

STATIONARY SOURCE EXPRESSED IN POUNDS PER HOUR, 

POUNDS PER UNIT OF PRODUCTION OR CONCENTRATION 

LEVELS SUFFICIENT TO CALCULATE THE ACTUAL 

EMISSIONS FROM SUCH STATIONARY SOURCE, 

(iii) SPECIFIES APPROPRIATE MONITORING TO DETERMINE 

COMPLIANCE WITH THE EMISSION LIMITATION OR 

RESTRICTION SPECIFIED IN ACCORDANCE WITH 

SUBPARAGRAPH (B) OF THIS SUBDIVISION, AND 

(iv) IF AN EMISSION LIMITATION OR RESTRICTION IS 

REQUIRED TO DEMONSTRATE THAT A STATE OR FEDERAL 

STANDARD DOES NOT APPLY, SUCH EMISSION LIMITATION 

OR RESTRICTION SHALL BE CALCULATED IN ACCORDANCE 

WITH SUBPARAGRAPH (B) OF THIS SUBDIVISION AND 

EXPRESSED USING THE SHORTEST TECHNICALLY AND 

ECONOMICALLY FEASIBLE AVERAGING PERIOD, IN NO CASE 

LONGER THAN A TWELVE MONTH ROLLING AVERAGE . IF A 

TWELVE MONTH ROLLING AVERAGE IS SELECTED, THE 

MONITORING SHALL BE CEM OR EQUIVALENT . 

[(72)] (88) ["Premise"] "PREMISES" means the grouping of all 

stationary sources at any one location and owned or under the 

control of the same person or persons . 

[(73)](89) "Process source" means any operation, process, or 

activity except : 

(A) The burning of fuel for indirect heating in which the 

products of combustion do not come in contact with 

process material ; 

(B) The burning of refuse ; and 

(C) The processing of salvageable material by burning . 

[(74)](90) "Reasonably Available Control Technology" OR "RACT" 

means the lowest emission limitation that a particular [facility] 

STATIONARY SOURCE is capable of meeting by the application of 

control technology that is reasonably available considering 

technological and economic feasibility[ .] [It may require 

29 
technology that has been applied to similar, but not necessarily 

identical, source categories] . 

[(75)](91) "Reconstruct" or "reconstruction" means the renovation 

or re-building of a STATIONARY source in accordance with the 

provisions of [Title 40 of the Code of Federal Regulations Part 

60 .15] 40 CFR 60 .15 . A reconstructed STATIONARY source shall be 

considered a new STATIONARY source [for the purposes of these 

regulations] . [Use] THE USE of an alternative fuel . or raw 

material by reason of an order in effect under sections 2(a) and 

(b) of the Federal Energy Supply and Environmental Coordination 

Act of 1974, or superseding legislation, or by reason of a 

Natural Gas Curtailment Plan pursuant to the Federal Power Act, 

or by reason of an order or rule under section 125 of the Clean 

Air Act, shall not be considered reconstruction . 

[(76)] (92) "Region" means a Connecticut intrastate Air Quality 

Control Region[,] or the Connecticut portion of an interstate Air 

Quality Control Region as defined by the [United States 

Environmental Protection Agency in Title 40 Code of Federal 

Regulations Part 81 . ] . EPA IN 4 0 CFR 81[ ;] . 

[(77) "Remote fill pipe" means an offset fill pipe .] 

[(78)] (93) "Residual oil" means any fuel oil of No . 4, No . 5, or 

No . 6 grades, as defined by Commercial Standard C .S . 12-48 . 

[(79)](94) "Resources recovery facility" [means a facility 

utilizing processes aimed at reclaiming the material or energy 

values from municipal solid waste .] HAS THE SAME MEANING AS IN 

SECTION 22a-207(9) OF THE CONNECTICUT GENERAL STATUTES . 

[(80)](95) "Ringelmann chart" means the chart published and 

described in the U .S . Bureau of Mines Information Circular 8333 . 

(96) "SECONDARY EMISSIONS" HAS THE SAME MEANING AS IN 40 CFR 

51 .165 (a) (1) (viii) . 

[(81)] (97) "Serious non-attainment area for ozone" means all towns 

within the State of Connecticut, except those towns located in 

the severe non-attainment area for ozone . 

[(82)](98) "Severe non-attainment area for ozone" means the towns 

of [Beth*1] BETHEL, Bridgeport, Bridgewater, Brookfield, Danbury, 

Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New 

Fairfield, New Milford, Newtown, Norwalk, Redding, Ridgefield, 

Sherman, Stamford, Stratford, Trumbull, Weston, Westport and 

Wilton . 
[(83)"Soiling index" means a measure of the soiling properties of 

suspended particles in air determined by drawing a measured 

volume of air through a known area of Whatman No . 4 filter paper 

for a measured period of time, expressed as COHs/1,000 linear 

feet, or equivalent .] 

[(84)](99) "Solid waste" means unwanted or discarded materials, 

including solid, liquid, semisolid, or contained gaseous 

material . 

[(85)](100) "Source" means any property, real or personal, which 

emits or may emit any air pollutant . 

[(86)] (101) "Stack" HAS THE SAME MEANING AS IN 40 CFR 51 .100 (ff) 

PROVIDED THAT STACK SHALL ALSO INCLUDE A FLARE [means any point 

of release from a source, which emits solids, liquids, or gases 

into the ambient air including a pipe, duct, or flare] . 

[(87)](102) "Standard conditions" means a dry gas temperature of 

68 degrees Fahrenheit and a gas pressure of 14 .7 pounds per 

square inch absolute (20 degrees C, 760 mm [ . ] Hg [ . ] ) . 

[(88)] (103) "State" as used in the phrase "any other state" means 

state, region, territory, commonwealth, military reservation, or 

Indian reservation . 

1(89)] (104) "State implementation plan" or "SIP" means a plan 

required by section 110 of the [Clean Air] Act which has been 

approved by the Administrator . 

[(90)] (105) "Stationary source" HAS THE SAME MEANING AS IN 40 CFR 

51 .165 (a)(1)(i) AND (ii), PROVIDED [means any building, 

structure, facility, equipment, operation, or installation, which 

is located on one or more contiguous or adjacent properties and 

which is owned by or operated by the same person, or by persons 

under common control which emits or may emit any air pollutant, 

and which does not move from location to location during normal 

operation except that portable rock crushers and portable 

stripping facilities] THAT ANY PORTABLE EMISSIONS UNIT which 

[are] IS moved from site to site but REMAINS (remain] stationary 

during operation IS A STATIONARY SOURCE [and asphalt plants which 

combine aggregate and asphalt while in motion are stationary 

sources] . 

[(91)](106) "Stripping facility" means any stationary source, 

except air pollution control equipment, the primary purpose of 

which is to remove organic compounds from water, soil or any 

other material . 
[(92)](107) "Submerged fill pipe" means any fill pipe the 

discharge opening of which REMAINS [is still] entirely submerged 

when the pipe normally used to withdraw liquid from the tank can 

no longer withdraw any liquid . 

[(93)](108) "Subregion" means a subdivision of a Region, as 

determined by the [Commissioner] COMMISSIONER . 

[(94)](109) "Tank" means any vessel for containing liquids or 

gases . 

(110) "TITLE V SOURCE" HAS THE SAME MEANING AS IN SECTION 22a174-33 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 

(111) "THROUGHPUT" MEANS THE RATE, BY VOLUME OR MASS, OF 

PRODUCTION IN A MANUFACTURING PROCESS, WHERE THE COMBINED 

QUANTITIES OF ALL MATERIALS INTRODUCED INTO THE PROCESS, 

EXCLUDING AIR AND WATER, ARE USED TO DETERMINE SUCH RATE . 

[(95)](112) "Total suspended particulate" means particulate matter 

as measured by the method described in [Appendix B of Title 40 

Code of Federal Regulations Part 50 .] 40 CFR 50, APPENDIX B . 

[(96)] (113) "Unclassifiable area" means a geographic area which 

has not been designated either as AN attainment AREA or A 

non-attainment AREA under [Title 40 Code of Federal Regulations 

Part 81] 40 CFR 81 in accordance with the provisions of section 

107 of the Clean Air Act . 

[(97)](114) "Volatile organic compound" or "VOC" means any 

PHOTOCHEMICALLY REACTIVE compound of carbon [which participates 

in atmospheric photochemical reactions] excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, ammonium carbonate and the organic compounds listed 

[on] IN Table [1(a)-1] 1-2 below which the Administrator has 

designated as having negligible photochemical reactivity . 

Table [1(a)-11 1-2 

Exempt Volatile Organic Compounds 

acetone ethane 

methane cyclic, branched, or linear 

completely methylated siloxanes 

1,1,1-trichoroethane 

(methyl chloroform) 

dichloromethane 

(methylene chloride) 

trichlorofluoromethane dichlorodifluoromethane 

32 
Table [1 (a) -1] 1-2 

Exempt Volatile organic Compounds 

(CFC-11) (CFC-12) 

chlorodifluoromethane trifluoromethane 

(HCFC-22) (HFC-23) 

1,1,-dichloro-l-fluoroethane pentafluoroethane 

(HCFC-141b) (HFC-125) 

1,1,2-trichloro-1,2,2-trifluoro- 1,2-dichloro-1,1,2,2- 

ethane(CFC-113) tetrafluoroethane(CFC-114) 

chloropentafluoroethane 1,1,2,2-tetrafluoroethane 

(CFC-115) (HFC-134) 

1,1,1,2-tetrafluoroethane 1,1,1-trifluoroethane 

(HFC-134a) (HFC-143a) 

1-chloro-1,1-difluoroethane 1,1-difluoroethane 

(HCFC-142b) (HFC-152a) 

1,1,1-trifluoro-2,2- 2-chloro-1,1,1,2- 

dichloroethane (HCFC-123) tetrafluoroethane (HCFC-124) 

tetrachloroethylene 1,1,1,2,3,4,4,5,5,5-decafluoro- 

(perchloroethylene) pentane(HFC 43-lOmee) 

3,3-dichloro-1,1,1,2,2-penta- 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225ca) fluoropropane (HCFC-225cb) 

difluoromethane 

(HFC-32) 

Fluoroethane or ethylfluoride 

(HFC-161) 

1,1,1,3,3,3-hexafluoropropane 1,1,2,2,3-pentafluoropropane 

(HFC-236fa) (HFC-245ca) 

1,1,2,3,3-pentafluoropropane 1,1,1,2,3-pentafluoropropane 

(HFC-245ea) (HFC-245eb) 

1,1,1,3,3-pentafluoropropane 1,1,1,2,3,3-hexafluoropropane 

(HFC-245fa) (HFC-236ea) 

1,1,1,3,3-pentafluorobutane chlorofluoromethane 

(HFC-365mfc) (HCFC-31) 

1,2-dichloro-1,1,2-trifluoro- 1-chloro-l-fluoroethane 

ethane (HCFC-123a) (HCFC-151a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-m 2-(difluoromethoxymethyl)- 

ethoxy-butane 1,1,1,2,3,3,3-heptafluoropropane 

( C4 F90CH3 ) ( ( CF3 ) ZCFCFZOCH3 ) 

33 
Table [1 (a) -1] 1-2 

Exempt Volatile Organic Compounds 

1-ethoxy-1,1,2,2,3,3,4,4,4- 2-(ethoxydifluoromethyl)- 

nonaf luorobutane ( CqF90C2H5 ) 1, 1, 1, 2 , 3 , 3 , 3 -heptaf luoropropane 

( ( CF3 ) zCFCF20C2H5 ) . 

perfluorocarbon compounds which parachlorobenzotrifluoride 

fall into these classes : (4-chlorobenzotrifluoride) 

(1)cyclic, branched, or linear, 

completely fluorinated alkanes ; 

(2)cyclic, branched, or linear, 

completely fluorinated ethers 

with no unsaturations ; 

(3)cyclic, branched, or linear, 

completely fluorinated tertiary 

amines with no unsaturations ; 

and 

(4)sulfur containing 

perfluorocarbons with no 

unsaturations and with sulfur 

bonds only to carbon and 

fluorine . 

METHYL ACETATE t-butyl acetate AND 

PERFLUOROCARHON COMPOUNDS WHICH 

FALL INTO THESE CLASSES 

[(98)](115) "Waste water separator" means any tank, box, sump, or 

other container in which any.volatile organic compound floating 

on or entrained or contained in water entering such tank, box, 

sump, or another container is physically separated and removed 

from such water prior to outfall, drainage, or recovery of such 

water . 

[ (99)) (116) "Watercourse" MEANS "WATERCOURSES" AS DEFINED IN 

SECTION 22a-38(16) OF THE CONNECTICUT GENERAL STATUTES [means 

rivers, streams, brooks, waterways, lakes, ponds, marshes, 

swamps, bogs and all other bodies of water, natural or 

artificial, which are contained within, flow through or border 

upon this state or any portion thereof] . 

Statement of Purpose : To consolidate in one location, to the 

extent practicable, the definitions of terms which are used in 

multiple sections of the regulations for the abatement of air 

pollution . This amendment also clarifies and streamlines 

existing definitions to allow for the implementation of federal 

requirements . 

34 
E. Text of Proposed RC.S .A. section 22a-174-2 and 22a-174-2a : 

Sec. 2 The Regulations of Connecticut State Agencies are amended by deleting section 

22a-174-2. 

Sec. 3 The Regulations of Connecticut State Agencies are amended by adding a new 

Section 22a-174-2a as follows: 

(NEW) 

Section 22a-174-2a . Procedural requirements for new source review 

and Title V permitting 

(a) Signatory Responsibilities 

(1) Any document, such as a permit application, report or 

certification, submitted to the commissioner shall be signed by any 

of the following individuals : 

(A) For an individual or sole proprietorship : by the 

individual or proprietor, respectively ; 

(B) For a corporation : any officer or employee of a 

corporation ; 

(C) For a partnership : by a general partner ; 

(D) For a municipality : by the person authorized by charter 

or resolution of the board of selectmen or town council 

or other governing body ; 

(E) For a federal entity : by the statutorily authorized 

official or by a federal employee or any other 

representative who has received legal delegation of 

authority . For the purpose of this subsection, a 

principal executive officer of a federal agency or 

department includes the chief executive officer having 

responsibility for the overall operations of a principal 

geographic unit of the agency or department ; or 

(F) For a state entity : by the statutorily authorized 

official or by a state employee or any other 

representative who has received legal delegation of 

authority . 

(2) A representative of a corporation, partnership, municipality, 

state or federal entity, or any other government or quasi-public 

entity shall be authorized as follows : 
(A) For a corporation : 

(i) authorization is made in writing by the president, 

secretary, treasurer, or vice-president of the 

corporation in charge of a principal business 

function, 

(ii) the authorization specifies an .individual having 

responsibility for the overall operation of the 

regulated stationary source or premises, such as the 

plant manager, operator, superintendent, or an 

individual having overall responsibility for 

environmental matters for the company, and 

(iii) the written authorization is submitted to the 

commissioner prior to submitting, or together with, 

any documents or other information to be signed by 

the authorized representative ; 

(B) For a municipality : a certified copy of a governing body 

resolution and an encumbancy statement is submitted to 

the commissioner prior to submitting or together with any 

documents or other information to be signed by the 

authorized representative ; 

(C) For a state or federal entity : if the authorized 

representative is not~statutorily authorized to submit 

the documents, then a certified copy of the delegation of 

authority is submitted to the commissioner prior to 

submitting or together with any documents or other 

information to be signed by the authorized 

representative ; or 

(D) For any other governmental or quasi-public entity : a copy 

of the documentation sufficient to satisfy the 

commissioner that the signatory is legally authorized to 

sign any document submitted to the commissioner is 

submitted to the commissioner prior to submitting or 

together with any documents or other information to be 

signed by the authorized representative ; 

(3) An application shall be considered insufficient by the 

commissioner unless the applicant provides all required signatures 

and supporting documentation . 

(4) If a different individual is assigned or has assumed the 

signatory responsibilities, a new authorization satisfying the 

requirements of this subsection shall be submitted to the 

commissioner prior to or together with the submission of any 

documents or other~information signed by the authorized 

representative . 
(5) Notwithstanding the requirements of section 22a-3a-5(a)(2) of 

the Regulations of Connecticut State Agencies, where a permit 

application, permit or other documentation requires a certification, 

the appropriate individual as specified in this subsection, and the 

individual or individuals responsible for actually preparing any 

document to which the certification applies, 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 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, 

under section 53a-157b of the Connecticut General 

Statutes, and in accordance with any applicable statute ." 

(6) Notwithstanding subdivision (2)(A)(ii) of this subsection an 

individual having overall responsibility for environmental matters 

for a Title V source stall not sign Title V permit applications or 

Title V associated certifications unless such individual has 

responsibility for the overall operation of the Title V source or 

such source 

(b) Public Notice 

(1) When proposing to issue a general permit, the commissioner 

shall comply with the requirements for notice and opportunity for 

public comment pursuant to section 22a-174(1)(2) of the Connecticut 

General Statutes . 

(2) With respect to public notice of any application for a permit, 

other than a general permit, the applicant shall comply with the 

requirements of section 22a-6g of the Connecticut General Statutes 

and the following: 

(A) The commissioner may require the applicant to publish 

notice of the application in media that serves the needs 

of communities and representatives not served by 

traditional media in addition to a newspaper with 

substantial circulation in the area in which the source 

intends to operate, and the commissioner may require the 

notice to be published in languages other than English; 

and 

37 
(B) In the event the commissioner requires compliance with 

subparagraph (A) of this subdivision, the applicant shall 

submit to the commissioner a certified copy of such 

notice as it appeared in such other media no later than 

twenty (20) days after the date such notice was 

published . 

(3) With respect to notice of tentative determination for any 

application for a permit, other than a general permit, the applicant 

shall comply with the requirements of section 22a-6h of the 

Connecticut General Statutes . In addition to the requirements of 

section 22a-6h of the Connecticut General Statutes, such notice 

shall include the following statement, unless such notice is for a 

minor permit modification pursuant to subsection (e) of this 

section, that : 

"Interested persons have thirty (30) days from 

publication of such notice to submit comments in writing 

to the Department of Environmental Protection, Bureau or 

Air Management or request a public adjudicatory hearing 

concerning the commissioner's tentative determination to 

approve or deny the permit application, in accordance 

with the section 22a-3a-5(b) of the Regulations of 

Connecticut State Agencies and section 22a-174-2a(c)(3) 

of the Regulations of Connecticut State Agencies ." 

(4) For any application for a permit or modification thereto, the 

commissioner may require the applicant to comply with section 22a-61 

of the Connecticut General Statutes . 

(5) For any permit application under section 22a-174-33 of the 

Regulations of Connecticut State Agencies, the commissioner shall 

forward a copy of the notice of tentative determination, published 

in accordance with subdivision (3) of this subsection, to : 

(A) The individuals who request such notice ; 

(B) The chief elected official of the municipality where the 

stationary source is or is proposed to be located ; 

(C) The chief executive officer of the municipality where the 

source is or is proposed to be located ; 

(D) The appropriate Connecticut regional planning agency ; 

(E) Any federally recognized Indian governing body whose 

lands may be affected by emissions from the subject 

stationary source . In addition to the notice, a copy of 

the proposed Title V permit shall be submitted to such 

federally recognized Indian governing body ; 
(F) The director of the air pollution control program in any 

affected state . In addition to the notice, a copy of the 

proposed Title V permit shall be submitted to such 

director ; and 

(G) The regional Administrator of the United States 

Environmental Protection Agency . In addition to the 

notice, a copy of the proposed Title V permit shall be 

submitted to the regional Administrator . 

(6) For any permit application under section 22a-174-3a of the 

Regulations of Connecticut State Agencies for a new major stationary 

source or a major modification at a major stationary source, the 

commissioner shall forward a copy of the notice of tentative 

determination, published in accordance with subdivision (3) of this 

subsection, to those individuals or entities identified in 

subparagraphs (A), (B), (C), and (G), of subdivision (5) of this 

subsection . 

(7) For any permit application under section 22a-174-3a of the 

Regulations of Connecticut State Agencies other than an application 

for a new major stationary source or a major modification at a major 

stationary source, the commissioner shall forward a copy of the 

notice of tentative determination, published in accordance with 40 

CFR 51 .161, to those individuals or entities identified in 

subparagraphs. (A), (B), (C), and (G) of subdivision (5) of this 

subsection . 

(8) For any permit application under section 22a-174-3a(1) of the 

Regulations of Connecticut State Agencies, the commissioner shall 

comply with the public notice requirements set forth in section 22a174-3a(1)(7) of the Regulations of Connecticut State Agencies . 

(9) For any permit application under section 22a-174-33 of the 

Regulations of Connecticut State Agencies, the commissioner shall 

comply with the requirements set forth in section 22a-174-33(n) of 

the Regulations of Connecticut State Agencies . 

(c) Public Comments, Hearings and Meetings 

(1) Written comments may be filed by any person within thirty (30) 

days following the publication of a notice of a tentative 

determination under subsection (b)(3) of this section. The 

commissioner shall maintain a record of all comments made on the 

subject application . Any comments concerning the issuance of a 

Title V permit may be accompanied by a request for a public 

informational meeting or hearing, an adjudicatory hearing, or all 

three . Any comments concerning the issuance of a permit under 

section 22a-174-3a of the Regulations of Connecticut State Agencies 

may be accompanied by a request for a public informational meeting 

or an adjudicatory hearing, or both . 
(2) If the commissioner does not accept the recommendations of any 

director of the air pollution control program in any affected state 

or federally recognized Indian governing body with respect to any 

Title V permit issued pursuant to section 22a-174-33 of the 

Regulations of Connecticut State Agencies, the commissioner shall 

inform such director or federally recognized Indian governing body 

and the Administrator of the reasons therefore in accordance with 

the provisions of 40 CFR 70 .8(b) . 

(3) Public adjudicative hearings, in accordance with section 22a3a-6 of the Regulations of Connecticut State Agencies and section 

22a-174(l)(2) of the Connecticut General Statutes : 

(A) Prior to the issuance of the subject permit, may be held 

on the commissioner's own initiative or shall be held if 

requested, in writing, by : 

(i) any person when the proposed activity is subject to 

the provisions of the Act, or 

(ii) a petition signed by at least twenty-five (25) 

persons, and such petition is submitted to the 

commissioner during the comment period; 

(B) Prior to the issuance of the subject permit, may be held 

on the commissioner's own initiative or shall be held 

following the commissioner's receipt of a written request 

for a public hearing if the permit application is for a 

new major stationary source or a major modification at a 

major stationary source, or for any stationary source 

where the stack height exceeds good engineering practice, 

and provided such request is submitted during the comment 

period set forth in subdivision (1) of this subsection ; 

and 

(C) May be held prior to the issuance of the subject permit 

on the commissioner's own initiative on any minor source 

permit or modification thereto . 

(4) If a public adjudicative hearing is held, the commissioner 

shall publish a notice of such hearing in a newspaper of general 

circulation in the affected area at least thirty (30) days prior to 

such hearing . 

(5) Following the close of the public adjudicative hearing, the 

final decision maker shall make a decision . Such decision shall be 

based on the record of such hearing to approve, deny or 

conditionally approve the issuance of the permit sought . 

(6) Non-Adjudicative Public Informational Hearings . For the 

purposes of an application under section 22a-174-3a or section 22a174-33 of Regulations of Connecticut State Agencies, the 

40 
commissioner shall hold a non-adjudicative public informational 

hearing following receipt of a material request therefore, prior to 

the issuance of a subject permit, or order pursuant to section 22a174-33(d) of Regulations of Connecticut State Agencies . The 

commissioner shall publish, at the applicant's expense, a notice of 

such public informational hearing in a newspaper of general 

circulation in the affected area at least thirty (30) days prior to 

such a hearing . The commissioner may consider more than one permit 

application, or order pursuant to section 22a-174-33(d) of 

Regulations of Connecticut State Agencies, at any such hearing, 

provided the notice requirements of this subdivision have been 

satisfied . The commissioner shall consider all written comments 

submitted within the public comment period in the notice including 

all comments received at the public hearing when making a final 

decision on the approvability of the application . 

(7) Non-Adjudicative Informational Meetings . For the purposes of 

an application under section 22a-174-3a or section 22a-174-33 of 

Regulations of Connecticut State Agencies, the commissioner may hold 

a non-adjudicative informational meeting prior to the issue of a 

subject permit, either following receipt of a request therefore or 

upon the commissioner's own initiative . The commissioner shall 

publish, at the applicant's expense, notice of such public 

informational meeting in a newspaper of general circulation in the 

affected area at least thirty (30) days prior to such a meeting. The 

commissioner may consider more than one permit application at any 

such meeting . 

(8) Any notice of hearing or meeting pursuant to this subsection 

shall provide the name of the applicant ; the location of the 

proposed activity ; the application number ; the type of permit being 

sought ; name, address and phone number for a contact person at the 

Department ; name, address and number for the Department's Americans 

with Disabilities Act coordinator ; and the date, time and location 

of the public hearing or meeting . In addition, the commissioner may 

publish, at the applicant's expense, such notice in other media and 

in languages other than English . 

(d) New Source Review and Title V Non-Minor Permit Modification 

(1) General . Prior to making the change that is the subject of the 

non-minor permit modification application the owner or operator 

shall apply for and obtain a non-minor permit modification pursuant 

to this subsection . 

(2) Exemptions . A permittee may conduct an activity described in 

section 22a-174-3a(a)(2) of the Regulations of Connecticut State 

Agencies without applying for and obtaining a new source review nonminor permit modification under this subsection . 

(3) Except as provided in subdivision (2) of this subsection, the 

permittee of any stationary source or emission unit permitted under 

41 
section 22a-174-3a or former section 22a-174-3 of the Regulations of 

Connecticut State Agencies shall apply for and obtain a new source 

review non-minor permit modification for any stationary source, 

emission unit, or modification identified in section 22a-174-

3a(a)(1) of the Regulations of Connecticut State Agencies . 

(4) Notwithstanding the exemptions in subdivision (2) of this 

subsection, the permittee of any Title V source shall apply for and obtain a Title V non-minor permit modification for any one or more 

of the following : 

(A) To incorporate the requirements of any new source review 

permit issued to the permittee under former section 22a174-3(k) or (1) of the Regulations of Connecticut State 

Agencies or section 22a-174-3a(k) or (1) of the 

Regulations of Connecticut State Agencies ; 

(B) To change a Title V permit term or condition which had 

prevented a Title V source from being subject to an 

otherwise applicable requirement ; 

(C) To relax the form or type of or any reduction in the 

frequency of any monitoring, reporting or record keeping 

required by the Title V permit ; or 

(D) To incorporate a change to an applicable requirement not 

otherwise subject to subsections (e) or (f) of this 

section or otherwise allowed as an off-permit change 

pursuant to 40 CFR 70 .4(b)(14) or as operational 

flexibility pursuant to 40 CFR 70 .4(b)(12) . 

(5) The procedural requirements for all non-minor permit 

modifications under subdivisions (3) and (4) of this subsection are 

as follows : 

(A) An application for a non-minor permit modification shall 

be made on forms provided by the commissioner . Such 

application shall include a description of any proposed 

changes, a proposed permit, any proposed monitoring. 

procedures, any changes in potential emissions resulting 

from the proposed changes, and an identification of all 

regulatory, statutory, or otherwise applicable 

'requirements that would become applicable as a result of 

such changes ; 

(B) The permittee shall not deviate from the terms and 

conditions of the existing permit until and unless the 

commissioner has modified that permit ; and 

(C) A non-minor permit modification pursuant to this 

subsection, shall only be granted, granted with 

conditions, or denied following public notice and 

42 
opportunity for public comment and public hearing, in 

accordance with the procedures set forth in subsections 

(b) and (c) of this section . 

(6) In addition to the procedural requirements provided in 

subdivision (5) of this subsection, an application for a new source 

review non-minor permit modification under subdivision (3) of this 

subsection shall meet the requirements set forth in section 22a-174-

3a(c) and 22a-3a-5 of the Regulations of Connecticut State Agencies . 

(7) In addition to the procedural requirements provided in 

subdivision (5) of this subsection, an application for a Title V 

non-minor permit modification under subdivision (4) of this 

subsection shall meet the requirements set forth in section 22a-174-

33(g) and 22a-3a-5 of the Regulations of Connecticut State Agencies 

and shall : 

(A) Meet the requirements of 40 CFR 70 .5(c), as amended from 

time to time ; 

(B) Meet the requirements of 40 CFR 70 .7(a)(1), (4), (5) and 

(6) as amended from time to time ; 

(C) Shall, where applicable, meet the requirements of 40 CFR 

72 through 78, inclusive, as amended from time to time ; 

and 

(D) Shall only be granted or denied following opportunity for 

a public informational hearing described in subsection 

(c)(6) of this section, as may be applicable . 

(8) With respect to an application for a Title V non-minor permit 

modification under subdivision (4) of this subsection, the 

commissioner shall : 

(A) Take final action on a Title V non-minor permit 

modification within twelve (12) months from receipt of a 

complete application . In the event that this deadline is 

exceeded no application for a Title V non-minor permit 

modification shall automatically be deemed sufficient or 

approved; and 

(B) Submit the modified Title V permit to the Administrator . 

(9) If, pursuant to section 22a-174-3a(f) of the Regulations of 

Connecticut State Agencies, the commissioner modifies a new source 

review permit issued under section 22a-174-3a or former section 

22a-174-3 of the Regulations of Connecticut State Agencies, the 

following procedures shall apply : 
(A) The permittee shall not deviate from the terms and 

conditions of the existing permit until and unless the 

commissioner has modified that permit ; and 

(B) A non-minor permit modification pursuant to this 

subsection, shall only be granted, granted with 

conditions, or denied following public notice and 

opportunity for public comment and public hearing, in 

accordance with the procedures set forth in subsections 

(b) and (c) of this section . 

(e) New Source Review and Title V Minor Permit Modification 

(1) The permittee of any source that is subject to a new source 

review permit issued by the commissioner under section 22a-174-

3a(a)(1)(D) or (E) of the Regulations of Connecticut State Agencies 

shall apply for a new source review minor permit modification to 

incorporate any modification of an emission unit with an increase in 

allowable emissions of less than fifteen (15) tons per year of any 

individual air pollutant, unless such modification is subject to the 

provisions of section 22a-174-3a(a) (1) (A) , (B), (C) or (F) of the 

Regulations of Connecticut State Agencies . 

(2) The permittee of any Title V source shall apply for a Title V 

minor permit modification to incorporate : 

(A) Any modification not covered by permit revisions in 

subsection (f)(2)(A) through (F), inclusive, of this 

section ; and 

(B) Any modification allowed pursuant to the Title V minor 

permit modification criteria under 40 CFR 70 .7 

(e)(2)(i)(A)(1) through (6), inclusive, as amended from 

time to time . 

(3) The procedural requirements for all new source review and Title 

V minor permit modifications, except as otherwise provided in 

subdivisions (4) and (5) of this subsection, are as follows : 

(A) An application for a minor permit modification shall be 

made on forms provided by the commissioner and signed in 

accordance with subsection (a) of this section ; 

(B) An application for a minor permit modification shall 

include the following : 

(i) a description of the proposed modification, a 

proposed modified permit, any proposed monitoring 

procedures, any modification in potential emissions 

resulting from the proposed modification, and an 

identification of all regulatory, statutory, or 
otherwise applicable requirements that would become 

applicable as a result of such modification, and 

(ii) a statement, certified in-accordance with subsection 

(a)(5) of this section, that the proposed minor 

permit modification meets all regulatory, statutory, 

or applicable requirements identified in the subject 

application pursuant ; 

(C) Subject to limitations specified in subdivision (5)(F) of 

this subsection, a permittee may implement the 

modifications proposed in the minor permit modification 

application no less than twenty-one (21) days after 

filing a complete application with the commissioner . The 

permittee shall comply with the terms and conditions of 

the proposed modified permit and the terms and conditions 

of the existing permit that are not being modified, until 

the commissioner issues or denies the proposed modified 

permit . 

(D) The commissioner shall process any minor permit 

modification, subject to subdivision (1) of this 

subsection, at a Title V source in accordance with both 

the Title V and new source review minor modifications 

provisions in subdivisions (3) through (5), inclusive of 

this subsection unless otherwise allowed pursuant to 

subdivision (r)(2) of section 22a-174-33 of the 

Regulations of Connecticut State Agencies . 

(4) With respect to an application for a new source review minor 

permit modification, under subdivision (1) of this subsection, to a 

permit issued under section 22a-174-3a or former section 22a-174-3 

of the Regulations of Connecticut State Agencies, the existing 

permit terms and conditions of the permit sought to be modified 

remain in full force and effect if the modification that is the 

subject of the application is determined by the commissioner to 

require a non-minor permit modification . 

(5) The following requirements shall apply to an application for a 

Title V minor permit modification under subdivision (2) of this 

subsection : 

(A) The application shall meet the requirements of 40 CFR 

70 .5(c), as amended from time to time, and shall be 

governed by 40 CFR 72 through 78, inclusive, as amended 

from time to time ; 

(B) The application shall include completed forms for the 

commissioner to use to notify the Administrator, affected 

states and federally recognized Indian governing bodies 

of the proposed Title V minor permit modification ; 
(C) The commissioner shall notify the Administrator, affected 

states and the federally recognized Indian governing 

bodies within five (5) business days of receiving an 

application for a Title V minor permit modification ; 

(D) The commissioner shall comply with the timetable for 

issuance set forth in 40 CFR 70 .7(e)(2)(iv), as amended 

from time to time ; 

(E) The commissioner shall not grant the permit shield 

provided by section 22a-174-33(k) of the Regulations of 

Connecticut State Agencies for Title V minor permit 

modifications made under this subsection ; 

(F) The permittee shall comply with the existing permit terms 

and conditions of the Title V permit if : 

(i) the permittee fails to comply with the proposed 

permit terms and conditions during the pendency of 

an application for a Title V minor permit 

modification, 

(ii) such application is subject to the provisions of 

subsection (d) of this section and the owner or 

operator has already implemented or began 

implementing the proposed modifications, 

(iii) the commissioner denies the, proposed Title V 

modified permit, 

(iv) the commissioner has made a determination under 40 

CFR 70 .7(e)(2)(iv)(C), as amended from time to time, 

or 

(v) the commissioner determines that the proposed 

modification would make the source subject to 

section 22a-174-3a of the Regulations of Connecticut 

State Agencies ; and 

(G) Notwithstanding the requirements of subsections (b) and 

(c) of this section, the commissioner may modify a Title 

V permit under this subsection without published notice, 

public comment, or hearing . 

(f) Permit Revisions 

(1) Exemptions . The owner or operator of a stationary source may 

perform the activites described in sections 22a-174-3a(a)(2)(A)(i) 

through (iii) and 22a-174-3a(a)(2)(B) through (C) of the Regulations 

of Connecticut State Agencies unless otherwise required by any 

provision of such permit or an order of the commissioner . 
(2) The permittee of any stationary source for which the 

commissioner has issued a permit under 22a-174-33, section 22a-174-

3a, or former section 22a-174-3 of the Regulations of Connecticut 

State Agencies shall apply for and obtain a permit revision, for the 

purposes of : 

(A) Correcting a clerical error ; 

(B) Revising the address or phone number of any person 

identified in such permit, or making another revision 

reflecting a similarly minor administrative change at or 

concerning the subject source ; 

(C) Revising the name of the authorized representative of the 

permittee, provided that a request to change such 

authorized representative shall be accompanied by written 

authorization in accordance with subsection (a)(2)(A) 

through (D), inclusive, of this section ; 

(D) Requiring more frequent or additional monitoring, record 

keeping or reporting ; 

(E) Reflecting a transfer in ownership or operational control 

of the subject source, in accordance with subsection (g) 

of this section, provided that : 

(i) no other modification of the subject permit is 

required as a result of such transfer, 

(ii) if the subject permit contains a provision for 

changing ownership or operational control of the 

subject source, the provision stated in the permit 

shall be followed provided that such provision is 

consistent with section 22a-6o of the Connecticut 

General Statutes, and 

(iii) any transfer of the permit required by section 22a6o of the Connecticut General Statutes has been 

granted by the commissioner ; 

(F) Implementing an administrative Title V permit amendment 

set forth in 40 CFR 70 .7(d)(1)(v), as amended from time 

to time ; or 

(G) Implementing a fuel conversion described in Section 22a174-3a (a) (2) (A) (iv) or (v) . 

(3) Notwithstanding the requirements of subsections (b) and (c) of 

this section, the commissioner may revise a permit under this 

subsection without published notice, public comment, or hearing . 
(4) Except as provided in subdivision (2) of this subsection, upon 

submitting to the commissioner a written request for a permit 

revision under this subsection, a permittee may make changes as set 

forth in such request . 

(5) With respect to a request to revise a Title V permit the 

commissioner shall comply with the applicable provisions of 40 CFR 

70 .7 (d) (2) and (3), as amended from time to time 

(6) The commissioner shall not grant the permit shield provided by 

section 22a-174-33(k) of the Regulations of Connecticut State 

Agencies for permit revisions made under this subsection . 

(g) Permit Transfer 

(1) No person shall act or purport to act under the authority of a 

permit issued to another person unless such permit has been 

transferred in accordance with section 22a-6o of the Connecticut 

General Statutes . 

(2) If the permit transferred is a Title V permit, such transfer 

shall comply with 40 CFR 70 .7(d)(1)(iv), as amended from time to 

time, and proceed under subsection (f)(2)(E) of this section . 

(h) Permit Revocation 

(1) The commissioner may revoke any permit on his own initiative or 

at the request of the permittee in accordance with sections 4-182(c) 

and 22a-174c of the Connecticut General Statutes, section 22a-3a5(d) of the Regulations of Connecticut State Agencies, and any other 

applicable law. Any such request shall be in writing and contain 

facts and reasons supporting the request . 

(2) A permittee requesting the revocation of the permittee-1--s Title 

V permit shall also state the requested date of revocation and 

provide evidence satisfactory to the commissioner that the subject 

source is no longer a Title V source . 

(3) The Administrator, pursuant to the Act, is authorized to 

revoke or revoke and reissue a Title V permit if the Administrator 

has determined that the commissioner failed to act in a timely 

manner on a permit renewal application . 

(i) Permit Renewal 

(1) In addition to the requirements of section 22a-3a-5(c) of the 

Regulations of Connecticut State Agencies, except as provided in 

subdivision (2) of this subsection, the permittee shall apply for a 

permit renewal, if the subject permit contains an expiration date, 

at least one hundred twenty (120) days prior to the permit 

expiration date . Such application shall include a description of any 

proposed modifications, a proposed permit, any proposed monitoring 

48 
procedures, any modifications in potential emissions resulting from 

the proposed modifications, and an identification of all regulatory, 

statutory, or otherwise applicable requirements that would become 

applicable as a result of such modifications . 

(2) The owner or operator of a Title V source shall apply for a 

renewal of a Title V permit no later than twelve (12) months prior 

to the expiration date of such permit . 

(3) Notwithstanding subdivision (1) of this subsection, permits to 

operate issued after June 1, 1972 and before April 2, 1986 need not 

be renewed even when there is a expiration date on the permit . 

Statement of purpose: To adopt regulations to establish a minor 

permit revision procedure for holders of Title V operating permits 

in accordance with 40 CFR 70 .7(e)(2) ; and to provide adequate, 

streamlined, and reasonable procedures for expeditiously processing 

permit modifications in accordance with the conditions imposed on 

the Connecticut'Department of Environmental Protection by the United 

States Environmental Protection Agency (EPA) in the proposed interim 

approval of the Connecticut Title V program. See proposed interim 

approval of the Connecticut Title V program by EPA, 61 Federal 

Register 64656 (December 6, 1996), finalized by EPA at 62 Federal 

Register 13830 (March 24, 1997) . In addition, this proposal 

establishes modification and revision procedures for permits issued 

pursuant to former section 22a-174-3 or section 22a-174-3a of the 

Regulations of Connecticut State Agencies . This proposal also 

consolidates many procedural requirements that must be met prior to 

the issuance of new source review permits under proposed section 

22a-174-3a of the Regulations of Connecticut State Agencies and 

Title V operating permits under section 22a-174-33 of the 

Regulations of Connecticut State Agencies . 

F. Text of Proposed RC.S.A. section 22a-174-3 and 22a-174-3a: 

Sec. 4 The Regulations of Connecticut State Agencies are amended by deleting section 

22a-174-3. 

Sec. 5 The Regulations of Connecticut State Agencies are amended by adding a new 

section 22a-174-3a as follows : 

Sec. 22a-174-3a. Permit to Construct and Operate Stationary Sources 

(a) Applicability and Exemptions 
(1) Applicability. Prior to beginning actual construction of any stationary source or 

modification not otherwise exempted in accordance with subdivision (2)(A) through (C) of 

this subsection, the owner or operator shall apply for and obtain a permit to construct and 

operate under this section for any: 

(A) New major stationary source ; 

(B) Major modification; 

(C) New or reconstructed major source of hazardous air pollutants subject to the 

provisions of subsection (m) of this section; 

) New emission unit with potential emissions of fifteen (15) tons or more per 

year of any individual air pollutant; 

(E) Modification to an existing emission unit which increases potential emissions 

of any individual air pollutant from such unit by fifteen (15) tons or more per 

year; or 

(F) Any stationary source or modification that becomes a major stationary source 

or major modification solely by virtue of a relaxation in any enforceable 

limitation which was established after August 7, 1980, on the capacity of the 

source or modification otherwise to emit a pollutant. 

(2) ~ Exemptions. Notwithstanding the provisions of subdivision (1) of this 

subsection, the owner or operator of a stationary source or modification may conduct 

activities listed in subdivision (2)(A), and may construct or operate the sources listed 

in subdivision (2)(B) and (2)(C) of this section, without a permit under this section: 

(A) Any activity that : 

(i) constitutes routine maintenance, repair, or replacement at a stationary 

source, 

(ii) adds air pollution control equipment unless the addition results in an 

increase in actual emissions of any individual air pollutant of fifteen 

(15) tons or more per year, or ten (10) tons or more per year of a 

hazardous air pollutant subject to the provisions of subsection (m) of 

this section, 

(iii) relocates a portable rock crusher which is subject to a permit or 

exemption letter issued by the commissioner under former section 22a174-3 Regulations of Connecticut State Agencies, or which is 

registered under a general permit for such sources issued by the 

commissioner under section 22a-174(~ of the Connecticut General 

Statutes, provided the owner or operator is in compliance with any such 
permits and provides written notice to the commissioner prior to such 

relocation, 

(iv) constitutes a conversion from fuel oil to natural gas, or in addition to 

fuel oil, provided such conversion does not increase actual emissions of 

any individual air pollutant by fifteen (15) tons or more per year, unless 

such conversion results in reconstruction ; or 

(v) constitutes a conversion from residual fuel oil to distillate fuel oil, or in 

addition to residual fuel oil, provided such conversion does not increase 

actual emissions of any individual air pollutant by fifteen (15) tons or 

more per year, unless such conversion results in reconstruction . 

(B) Any stationary source that is : 

(i) registered under and is in compliance with any new source review 

general permit to construct and operate a new or existing stationary 

source issued pursuant to section 22a-174(~ of the Connecticut General 

Statutes, 

(ii) a stripping facility used to remove VOC from contaminated 

groundwater or soil pursuant to an order issued by the commissioner, 

provided such facility has a control device with VOC removal 

efficiency of at least ninety-five percent (95%), 

(iii) a portable engine or boiler temporarily replacing an existing engine or 

boiler, provided that the number of days total that any and all such 

portable engines or boilers may be used does not exceed ninety (90) 

days in any calendar year and does not contribute to a violation of a 

National Ambient Air Quality Standard, or 

(iv) in compliance with section 22a-174-3b or Section 22a-174-3c of the 

Regulations of Connecticut State Agencies, unless otherwise subject to 

this section pursuant to subdivisions (6) or (7) of this subsection ; 

(C) Any: 

(i) mobile source, or 

(ii) source subject to 40 CFR Part 89. 

(3) In determining the applicability of subsections (k) or (0 of this section, the owner or 

operator may determine the net emissions increase. However, the net emissions increase shall 

not be used determining the applicability of-. 

(A) This section to any minor source or modification ; or 
(B) Subsection (j) of this section. 

(4) This section and section 22a-174-2a of the Regulations of Connecticut State Agencies 

shall apply to any stationary source or modification for which a permit application under 

former section 22a-174-3 of the Regulations of Connecticut State Agencies was filed prior to 

the effective date of this section, and for which a permit has yet to be issued or denied . 

(5) Any permit modification or permit revision to a pen-nit issued under this section shall 

be made as required in, and in accordance with, the provisions of this section and section 22a174-2a of the Regulations of Connecticut State Agencies. 

(6) To determine the applicability of subdivision (1)(B) of this subsection, pursuant to the 

de minimis rule under section 182(c)(6) and (f) of the Act, the owner or operator of a major 

stationary source shall make and keep records of actual VOC and NOx emission increases and 

decreases at such source including emission increases below fifteen (15) tons per year of any 

individual air pollutant. 

(7) To determine if the net emission increase of a modification exceeds the major source 

threshold levels and is subject to subsection (k) of this section, the owner or operator shall 

make and keep records of actual emissions increases and decreases including those below 

fifteen (15) tons per year, over the five (5) consecutive calendar years preceding the 

completion of construction . 

(8) Any permit issued under former section 22a-174-3 of the Regulations of Connecticut 

State Agencies shall remain in full force and effect unless otherwise determined by the 

commissioner. 

(b) Authorized activities prior to permit issuance 

(1) The owner or operator of a stationary source or modification who is required to obtain 

a permit or non-minor permit modification under the provisions of this section may, prior to 

obtaining such permit : 

(A) Enter into binding agreements or contractual obligations to undertake 

construction of the proposed stationary source or modification for which a 

permit is required ; and 

) Begin site clearing activities . 

(2) The owner or operator of a stationary source or modification who must obtain a permit 

or non-minor permit modification under the provisions of this section, shall not begin actual 

construction before permit issuance . Such construction activities include, but are not limited 

to, the following activities which are specifically required for construction of the proposed 

stationary source or modification : 

(A) Excavating, blasting, removing rock and soil ; or 
(B) Installing footings, foundations, retaining walls, or permanent storage 

structures . 

(c) Applications 

(1) The owner or operator of a stationary source or modification subject to the provisions 

of this section shall apply for a permit on forms provided by the commissioner. All permit 

applications shall include: 

(A) An executive summary and all other information required by section 22a-3a-5 

of the Regulations of Connecticut State Agencies. The executive summary 

shall summarize the information contained in the application; 

) Background information, including, but not limited to, the address of the 

premises, the legal name and business address of the applicant and of the 

applicant's agent for service of process and, if the applicant is not the owner of 

the subject source, the legal name and business address of such owner and of 

the owner's agent for service of process, the names and telephone numbers of 

the plant or site manager and any other individual, such as an engineer or 

consultant, designated by the owner or operator to answer questions pertaining 

to such application, including but not limited to, the siting of the subject 

stationary source or modification ; 

(C) The premises' site plan, including: a linear scale and north arrow, the plot 

plans depicting existing and proposed building locations, building dimensions, 

the legal boundaries of the property, stack locations, location of the subject 

stationary source or modification on the premises, final grade elevations for all 

structures located on the premises, and a United States Geological Survey 

topographic quadrangle map identifying the latitude and longitude of the 

subject stationary source or modification ; 

(D) Technical information, including, but not limited to : 

(i) descriptions of equipment, processes, air pollution control equipment, 

stack, fuels, process materials to be used, and process flow diagrams, 

(ii) a completed pre-inspection questionnaire, if requested by the 

commissioner, which describes the equipment, processes and materials 

used, 

(iii) the type, size, and efficiency of control equipment, and 

(iv) the date, or proposed date, for commencement of construction of the 

subject stationary source or modification ; 
(E) The rate of emissions for individual air pollutants from the subject stationary 

source or modification . To calculate the rate of emissions, the owner or 

operator shall use data from one or more of the following, unless the 

commissioner determines otherwise : 

) 

(i) a continuous monitoring system which has been certified by the 

commissioner, provided that such data may be taken from a source 

similar to that for which a permit is sought, 

(ii) stack testing data, provided such testing was conducted in accordance 

with protocols preapproved by the commissioner in writing and such 

test was observed by department staff; and further provided that such 

data may be taken from a source similar to that for which a permit is 

sought, 

(iii) material balances conducted by an individual with knowledge of the 

subject process, 

(iv) data from the "Compilation of Air Pollutant Emission Factors (AP-42)" 

as published by the Environmental Protection Agency, 

(v) a calculation submitted to the commissioner, or 

(vi) manufacturer's data submitted to the commissioner; 

Pursuant to subsection (j) of this section, proposed best available control 

technology (BACT) determination, including, but not limited to, an anal .ysis, as 

required by subsection (j) of this section, of the amount of emission reduction 

achievable through the use of BACT; 

(G) For any stationary source or modification subject to subsection (1) of this 

section, the proposed lowest achievable emission rate (LAER) determination, 

including an analysis of the proposed LAER for each air pollutant, as required 

by subsection (1) of this section. Such analysis shall include the amount of 

emission reduction achievable through the use of LAER; 

) 

(I) 

For any stationary source or reconstruction subject to subsection (m) of this 

section, the proposed maximum achievable control technology (MACT) 

determination, as required by subsection (m) of this section; 

If the premises is a major stationary source, for the purposes of determining 

compliance with subdivisions (a)(6) and (7) of this section, a summary of the 

potential emissions from the new subject stationary source or modification and 

actual emissions from existing stationary sources located at the premises over 

the preceding five (5) consecutive calendar years; 
(J) Compliance information pursuant to and required by section 22a-6m of the 

Connecticut General Statutes; 

(K) Certification in accordance with section 22a-174-2a of the Regulations of 

Connecticut State Agencies; and 

(L) All application fees required by law. 

(2) The commissioner may require the owner or operator of the subject stationary source 

or modification to provide such additional information as the commissioner deems necessary. 

(d) Standards for Granting and Renewing a Permit 

(1) The commissioner may impose conditions on any permit or renewal thereof to ensure 

compliance with the regulations adopted pursuant to section 22a-174 of the Connecticut 

General Statutes and the Act. 

(2) A permit or permit renewal shall not be issued unless the commissioner determines, 

upon evidence submitted by the owner or operator or otherwise made part of the record, that 

the owner or operator of the subject stationary source or modification shall comply with the 

applicable provisions of subdivision (3) of this subsection. 

(3) Before issuance of a permit or permit modification, the owner or operator shall 

demonstrate, to the satisfaction of the commissioner, that, with respect to the construction and 

operation of the subject stationary source or modification, the owner or operator shall: 

(A) Construct and operate such stationary source or modification in accordance 

with the permit, and operate such stationary source or modification in 

accordance with all applicable and relevant emission limitations, statutes, 

regulations, schedules for stack tests, and other order of the commissioner. In 

the event a conflict exists between the permit and another state or federally 

enforceable statute, regulation or order of the commissioner, the most stringent 

provision shall apply; 

) Operate such stationary source or modification without preventing or 

interfering with the attainment or maintenance of any applicable ambient air 

quality standards or any Prevention of Significant Deterioration increments 

under subsection (k) of this section; 

(C) Operate such stationary source or modification without preventing or 

interfering with the attainment or maintenance of any National Ambient Air 

Quality Standard in any other state and without interfering with the application 

of the requirements in any other state's implementation plan, adopted under 

section 110 of the Act; 
(D) Operate such stationary source or modification in accordance with all 

applicable emission standards and standards of performance under 40 CFR 

Parts 60, 61, and 63, as may be amended from time to time; 

(E) Install: 

) 

(i) sampling ports of a size, number and location as the commissioner may 

reasonably require, 

(ii) instrumentation to monitor and record emission and other parameter 

data as the commissioner may require, and . 

(iii) such other sampling and testing facilities as the commissioner may 

require; 

As the commissioner may require, conduct stack tests at the expense of such 

owner or operator, in accordance with subsection (e) of this section, and in 

accordance with permit conditions and methods prescribed by the 

commissioner. Such stack tests shall demonstrate, to the commissioner's 

satisfaction, that the requirements of each and every applicable permit or order 

of the commissioner for such stationary source or modification are being met 

and that such stationary source or modification complies with the Regulations 

of Connecticut State Agencies and federal requirements; 

(G) Pay all fees required by the Department within forty-five (45) days of receipt 

of a tentative determination of the commissioner; 

) 

(1) 

(J) 

) 

Incorporate Best Available Control Technology (BACT), as directed by the 

commissioner, for each individual air pollutant subject to, and in accordance 

with, subsection (j) of this section; 

Incorporate the lowest achievable emission rate (LAER), as directed by the 

commissioner, for each individual air pollutant subject to, and in accordance 

with, subsection (0 of this section; 

Incorporate the maximum available control technology (MACT), as directed 

by the commissioner, for each individual air pollutant subject to, and in 

accordance with, subsection (m) of this section; 

As required by the commissioner, install monitoring equipment and perform 

monitoring to demonstrate compliance with any permit provision. Such 

monitoring may include, but not be limited to, continuous emission monitoring 

(CEM); 

(L) Provide the commissioner with current information regarding air pollutant 

emissions from such stationary source or modification, and in accordance with 
the commissioner's request, submit updated and current information regarding 

air pollutant emissions from any other stationary sources located on the 

applicable premises; 

) Comply with any applicable maximum allowable stack concentration or other 

emission limitation of section 22a-174-29 of the Regulations of Connecticut 

State Agencies, as may be amended; 

Demonstrate that the emission limitation required of such stationary source or 

modification for the control of any air pollutant shall not be affected by that 

portion of the stack height of such stationary source or modification that 

exceeds good engineering practice stack height or by any other dispersion 

technique; 

(O) Comply with an approved operation and maintenance plan submitted pursuant 

to subsection (c)(2) of this section; 

) 

(Q) 

) 

Have completed and submitted, on forms prescribed by the commissioner, a 

pre-inspection questionnaire, if requested to do so by the commissioner, which 

describes the equipment, processes and materials used; 

Make the permit available at the subject premises throughout the period that 

such permit is in effect; and 

Comply with the applicable provisions of this section and any other applicable 

regulations, permits or orders of the commissioner for such stationary source 

or modification . 

(4) An expiration date may be placed within any permit issued pursuant to this section or 

former section 22a-174-3 of the Regulations of Connecticut State Agencies . Any permit 

containing an expiration date shall be renewed in accordance with the provisions of section 

22a-174-2a(i) of the Regulations of Connecticut State Agencies. 

(e) Emission Testing 

(1) The permit may require that the owner or operator conduct emission (stack) testing to 

assure compliance with the permit terms and conditions in accordance with this subsection 

and section 22a-174-5 of the Regulations of Connecticut State Agencies. 

(2) Emission tests shall be conducted in a manner acceptable to and approved by the 

commissioner. The owner or operator shall provide the results of any emission test in a form 

satisfactory to the commissioner. The commissioner shall have the opportunity to observe all 

emission tests or the results of any such tests may be disapproved by the commissioner. 

(3) Based upon emission test results, the commissioner may modify, revise, or revoke a 

permit in accordance with subsection (f) of this section. 
(t) Modification, revision, or revocation of a permit 

(1) The commissioner may modify, revise, or revoke a permit in accordance with this 

section, section 22a-174-2a of the Regulations of Connecticut State Agencies, and sections 4-

182 and 22a-174c of the Connecticut General Statutes. 

(2) The commissioner may modify, revise or revoke any permit if the owner or operator : 

(A) Has not commenced construction authorized by the permit within eighteen (18) 

months from the date of issuance, or such other period, as the permit provides, 

whichever is later; 

(B) Has discontinued construction for eighteen (18) months or more after actual 

construction authorized by the permit has begun; or 

(C) Has not commenced operation authorized by the permit within twenty-four 

(24) months from the completion of construction, or such other period as the 

permit provides, whichever is later. 

(3) The commissioner may modify or renew on his own initiative, any permit if the owner 

or operator : 

(g) 

(A) Has failed to comply with any applicable regulation; or 

(B) Has a permit for an incinerator or resources recovery facility . 

Non-Minor Permit Modifications, Minor Permit Modifications and Permit 

Revisions 

(1) Any non-minor permit modification to a permit issued pursuant to this section shall be 

made in accordance with subsections (d)(1), (2), (3), (5) and (6) or subsection (d)(8) of 

section 22a-174-2a of the Regulations of Connecticut State Agencies, respectively . 

(2) Any minor permit modification to a permit issued pursuant to this section shall be 

made in accordance with subsections (e)(1), (3) and (4) of section 22a-174-2a of the 

Regulations of Connecticut State Agencies, respectively . 

(3) Any revision to a permit issued pursuant to this section shall be made in accordance 

with section 22a-174-2a(f) of the Regulations of Connecticut State Agencies. 

(h) Duty to Comply ~ 

An owner or operator shall comply with the permit or modification thereto issued by the 

commissioner under this section. 
(i) Ambient Air Quality Analysis 

(1) An application for a permit subject to this subsection, if requested to be provided 

under subsection (c)(2) of this section, shall contain an analysis of the effect of the pollutants 

listed in Table 3a(i)-(1) below. For the purposes of this subsection, the allowable emissions 

of an air pollutant will be deemed to have a significant impact on air quality if such impact is 

greater than or equal to the amount listed for any individual air pollutant in Table 3a(i)-1 

below. 

Table 3a(i)-1 Ambient Impact 

AIR POLLUTANT AMBIENT IMPACT 

(MICROGRAMS PER CUBIC METER 

PM1o 

Annual average 1 

24-hour average 5 

Sulfur Dioxide 

Annual average 1 

24-hour average 5 

3-hour average 25 

Carbon Monoxide 

8-hour average 500 

1-hour average 2000 

Nitrogen Dioxide 

Annual average 1 

Dioxin 

Annual average (as calculated according to 

Section 22a-174-1(29) of the Regulations of 

Connecticut State Agencies) (Notwithstanding above units) 

(Polychlorodibenzodioxins (PCDDs)) 0.1 picograms/m3 

(Polychlorodibenzofurans (PCDFs)) 

Lead (Pb) 

Three (3) month average 0.3 

(2) Any person who makes estimates of ambient air quality impacts shall use applicable 

air quality models, databases or other techniques approved by the commissioner. The 

commissioner may request any owner or operator to submit an ambient air quality impact 

analysis using applicable air quality models and modeling protocols approved by the 

cornmissioner. 

G) 

(1) 

Best Available Control Technology (BACT) 

An owner or operator shall incorporate BACT for: 
(A) Each major stationary source with potential emissions of a regulated air 

pollutant above the significant emission rate thresholds in Table 3a(k) -1 of 

subsection (k) of this section; 

) Each major modification with net emission increases of a regulated air 

pollutant above the significant emission rate thresholds in Table 3a(k) -1 of 

subsection (k) of this section. This requirement applies to each individual 

emission unit that is being modified as part of such major modification; 

(C) Each new emission unit with potential emissions of fifteen (15) tons or more 

per year of any individual air pollutant; and 

(D) Each modification to an existing emission unit which increases potential 

emissions of any individual air pollutant from such unit by fifteen (15) tons or 

more per year. 

(2) The owner or operator : 

(A) Shall make and submit to the commissioner for written approval a BACT 

analysis for each air pollutant subject to subdivision (1) of this subsection, 

including but not limited to, secondary and cumulative impacts and cost 

estimates of all control options, or the use of innovative technology. 

(B) Shall install BACT as approved by the commissioner. 

(3) The commissioner's review and written approval regarding BACT or the use of 

innovative technology shall be conducted prior to the issuance of the permit and prior to 

beginning actual construction . 

(4) Notwithstanding any permit for a new source or modification under this subsection 

the commissioner may require for the phased construction projects that the permittee resubmit 

for review and approval a BACT analysis prior to the commencement of each phase of the 

construction . 

(5) Prior to commencing construction, including each phase of phased construction, 

the owner or operator may be required by the commissioner to demonstrate the adequacy of 

the technology used pursuant to any previous BACT determination. 

(6) In determining whether to approve BACT, the commissioner shall: 

(A) Take into account any emission limitation, including any visible emission 

standard, which is achievable under any permit limitation or any stack test 

demonstration acceptable to the commissioner; 

(B) Consider a previous BACT approval for a similar or a representative type of 

source ; and 
(C) If the commissioner determines that technological or economic limitations on 

the application of measurement methodology to a particular class of sources 

would make the imposition of an emission standard infeasible, the 

commissioner may prescribe a design, equipment, work practice or operational 

standard, or combination thereof, to satisfy the requirement for the application 

of BACT. Such standard shall, to the degree possible, set forth the emission 

reduction achievable by implementation of such design, equipment, work 

practice or operation and shall provide for compliance by means which achieve 

equivalent results. 

(7) In determining whether to approve BACT, the commissioner shall take into account 

energy, economic and environmental impacts, including secondary and cumulative impacts, 

and other costs. 

(8) In no event shall the application of BACT result in: 

(A) Emissions of any pollutant which would exceed the emission allowed by an 

applicable standard under 40 CFR Parts 60 and 61, and any State 

Implementation Plan limitation ; 

) The use of offsetting emission reductions to meet the commissioner's approval 

of BACT; or 

(C) The use of a net emissions increase to meet the commissioner's approval of 

BACT. 

(9) The commissioner may allow the use of innovative technology as BACT, in 

accordance with 40 CFR 52.21(v), provided that Administrator means commissioner for the 

purposes of this provision. The owner or operator shall demonstrate that the proposed 

innovative technology will comply with 40 CFR 52.21(v), provide a net air quality benefit, 

and meet at least two (2) of the following criteria: 

(A) Improves the process or operation of existing equipment; 

(B) Requires the use of new equipment or air pollution control technology; 

(C) Reduces localized impacts of any individual air pollutant; or 

(D) Implements principles of pollution prevention or environmental management 

systems. 

(k) Permit Requirements for Attainment Areas: Prevention of Significant 

Deterioration of Air Quality (PSD) Program 
(1) The provisions of this subsection apply to the owner or operator of a new major 

stationary source which emits a criteria air pollutant and is located in an attainment area or 

unclassified area for such pollutant. 

(2) The provisions of this subsection apply to a major modification which emits a criteria 

air pollutant and is located in an attainment area or unclassified area for such pollutant. For 

purposes of this subsection a major modification has: 

(A) Actual emissions that are equal to or greater than the significant emission rate 

thresholds in Table 3a(k)-1 of this subsection; and 

(B) A net emissions increase that is equal to or greater than the significant 

emission rate thresholds in Table 3a(k)-1 of this subsection . 

(3) Notwithstanding subdivisions (1) and (2) of this subsection, the provisions of this 

subsection do not apply to the owner or operator of a major stationary source or major 

modification with potential emissions of nitrogen oxides of more than twenty-five (25) tons 

but less than forty (40) tons per year. 

(4) The owner or operator of a new major stationary source or major modification subject 

to this subsection shall install BACT as approved by the commissioner in accordance with 

subsection (j) of this section. 

(5) Ambient Monitoring 

(A) The permit application shall contain an analysis of the effect on ambient air 

quality in the area of the subject source or modification, of the following 

pollutants: 

(i) those that have allowable emissions in excess of the amount listed in 

Table 3a(k)-1 of this subsection, 

(ii) those listed in section 22a-174-24 of the Regulations of Connecticut 

, State Agencies, or 

) 

(iii) those which are subject to a National Ambient Air Quality Standard; 

For any pollutant for which a National Ambient Air Quality Standard does not 

exist, the analysis shall contain such air quality monitoring data as the 

commissioner determines is necessary to assess ambient air quality for that 

pollutant in any area that such pollutant may affect ; 

(C) For any pollutant (other than nonmethane hydrocarbons) for which a National 

Ambient Air Quality Standard exists, the analysis shall contain continuous air 

quality monitoring data gathered for purposes of determining whether 

emissions of that pollutant would cause or contribute to a violation of such 
standard or a Prevention of Significant Deterioration increment listed in Table 

3a(k)-2 of this subsection ; 

) The continuous air quality monitoring data that is required by subparagraphs 

(B) and (C) of this subdivision shall have been gathered over a period of one 

(1) year and shall represent the year preceding receipt of the application, unless 

the commissioner determines in writing that a complete and adequate analysis 

can be accomplished with monitoring data gathered over a period shorter than 

one (1) year, but not to be less than four (4) months; 

(E) The owner or operator shall, after construction of the subject source or 

modification, conduct such ambient monitoring as the commissioner 

determines is necessary to determine the effect which the emissions from such 

source or modification may have, or are having, on air quality in any area. In 

addition, the owner or operator shall submit the results of such ambient 

monitoring to the commissioner within thirty (30) days of data collection ; 

) The owner or operator shall meet the requirements of 40 CFR 58, Appendix B 

during the operation of monitoring; 

(6) Source Impact Analysis. 

(A) The owner or operator of the subject source or modification which will have an 

impact on air quality equal to or greater than any amount listed in Table 3a(i)-1 

of subsection (i) of this section shall not exceed or contribute to an exceedance 

of the maximum allowable increase above baseline concentration established 

in Table 3a(k)-2 of this subsection; 

) Compliance with the requirements of this subsection shall be determined using 

the Department's air emissions inventory and the Prevention of Significant 

Deterioration increments listed in Table 3a(k)-2 of this subsection; 

(C) A permit application for the subject source or modification shall include a 

calculation of the increase, above the baseline concentration, in ambient 

concentrations of pollutants to be expected from the new major stationary 

source or major modification. Such calculation shall be based on: 

(i) the allowable emissions from the subject source or modification, 

(ii) the actual emissions from all major stationary sources which were 

required to obtain a permit after the major source baseline date, 

(iii) the increased actual emissions from all modifications to the major 

stationary source which were required to be permitted after the major 

source baseline date and before the minor source baseline date. The 

owner or operator shall use allowable emissions instead of actual 
emissions if such modifications are located on the owner's or operator's 

premises, 

(iv) the actual emissions from all stationary sources, other than major 

stationary sources, which were required to obtain a permit after the 

minor source baseline date, 

(v) the allowable emissions for any stationary source for which a permit is 

pending and for which the commissioner has made a determination of 

application sufficiency, and 

(vi) the reductions, occurring on or after the minor source baseline date, in 

actual emissions and federally enforceable allowable emissions from 

stationary sources located on the owner's or operator's premises; 

When determining the increase over the baseline concentration of criteria air 

pollutant emissions from the subject major stationary source or major 

modification, the commissioner may consider any proposed reductions in 

actual emissions and allowable emissions which will occur prior to the 

commencement of operation of the subject major stationary source or major 

modification, provided such reductions become enforceable. 

(7) A permit application for the subject source or modification shall contain an analysis, 

in accordance with subsection (i) of this section, of the effect of the pollutants listed in Table 3a(k)-1 . 

Table 3a(k)-1 Significant Emission Rate Thresholds 

AIR POLLUTANT EMISSION LEVELS 

TONS PER YEAR 

Carbon Monoxide 100 

Nitrogen Oxides (ozone national ambient air quality 

standard) 

25 

~i~trnoeg)Oxides (NOx National Ambient Air Quality 40 

Sulfur Dioxide 40 

Particulate Matter 25 

PM,o 15 

Volatile Organic Compounds 25 

Hydrogen Sulfide (H-S) 10 

Total Reduced Sulfur (including H,S) 10 

Reduced Sulfur Compounds (including H2S) 10 
Sulfuric Acid Mist 7 

Fluorides 3 

Vinyl Chloride 1 

Lead 0.6 

Mercury 0 .1 

Asbestos 0.007 

Beryllium 0.0004 

Municipal Waste Combustor Organics (measured as 

total tetra-through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans) 

3.5 x 10-6 

Municipal Waste Combustor Metals 

(Measured as particulate matter) 

15 

Municipal Waste Combustor Acid Gases (Measured 

as sulfur dioxide and hydrogen chloride) 

40 

Table 3a(k)-2 Maximum Allowable Increase above Baseline Concentration 

AIR POLLUTANT PSD INCREMENT (ug/m) 

Particulate Matter, as PM,o 

Annual Arithmetic Mean 17 

24-Hour Average 30 

Sulfur Dioxide 

Annual Arithmetic Mean 20 

24-Hour Average 91 

3-Hour Average 512 

Nitrogen Dioxide 

Annual Arithmetic Mean 25 

(8) Additional Source Information. 

(A) The owner or operator of the subject source or modification shall include in the 

application: 

(i) an analysis of the impairment to visibility, soils, and vegetation that 

would result from construction and operation of the subject source or 

modification, and an analysis of the general commercial, residential, 
industrial and other associated growth. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant 

commercial or residential value, 

(ii) an analysis, based upon methods approved by the commissioner in 

writing, of the ambient air quality impact projected for the area as a 

result of the general commercial, residential, industrial, and other 

growth associated with the subject source or modification, 

(iii) a description of the nature, location, design capacity and typical 

operating schedule of the subject source or modification, including 

specifications and drawings showing its design and plant layout, 

(iv) a schedule for construction of the subject source or modification, 

(v) a detailed description as to what system of continuous emission 

reduction is planned for the subject source or modification, emission 

estimates, or any other information necessary to demonstrate to the 

commissioner that BACT will be applied, and 

(vi) any other information deemed necessary by the commissioner to 

perform any analysis or make any determination under this subsection ; 

(B) Upon the commissioner's request, the owner or operator of the subject source 

or modification shall submit: 

(i) the ambient air quality impact of the subject source or modification, 

including meteorological and topographical data necessary to estimate 

such impact, and 

(ii) the ambient air quality impacts and the nature and extent of the general 

commercial, residential, industrial and other growth which have or has 

occurred since August 7, 1977 in the area the subject source or 

modification will affect. 

(9) Additional Public Participation Requirements. In addition to the public participation 

requirements of section 22a-174-2a of the Regulations of Connecticut State Agencies: 

(A) The commissioner shall include in the notice of tentative determination 

published pursuant to section 22a-174-2a of the Regulations of Connecticut 

State Agencies and section 22a-6h of the Connecticut General Statutes, notice 

of opportunity for public comment at a public hearing, if one is requested, the 

opportunity to submit written comment, the degree of Prevention of Significant 

Deterioration increment consumption that is expected if the proposed activity 

is permitted, and any other information the commissioner deems appropriate; 

and 

66 
(B) The owner or operator of the subject source or modification shall send a copy 

of the notice required under subparagraph (A) of this subdivision to those 

individuals or entities listed under subsection (b)(5), as specified in subsection 

(b)(6), of section 22a-174=2a of the Regulations of Connecticut State Agencies. 

(1) Permit Requirements For Non-attainment Areas 

(1) Applicability. Except as provided in subdivision (2) of this subsection, and in 

accordance with subsection (a) of this section, the provisions of this subsection shall apply to 

the owner or operator of any new major stationary source or major modification which emits 

any non-attainment air pollutant if such source : 

(A) Is located in a non-attainment area for such air pollutant; 

(B) Is located in an attainment area or unclassifiable area, but the allowable 

emissions of such air pollutant would cause or exacerbate a violation of a 

National Ambient Air Quality Standard in an adjacent non-attainment area. 

Allowable emissions of such air pollutant will be deemed not to cause or 

exacerbate a violation of a National Ambient Air Quality Standard provided 

that such emissions are less than levels set forth in Table 3a(i)-1 in subsection 

(i) of this section; or 

(C) Is located in a serious or severe non-attainment area for ozone and is a 

proposed major stationary source or major modification of volatile organic 

compounds or nitrogen oxides. 

(2) Analysis of alternatives . 

(A) An owner or operator of the subject source or modification shall include an 

analysis of alternative sites for the proposed activity, alternative sizes for the 

subject source or modification, altemative production processes, and all 

environmental control techniques and technologies which are available for 

such major stationary source or major modification; 

) Such analysis shall demonstrate whether the benefits of the subject source or 

modification would significantly outweigh its adverse environmental impacts, 

including secondary impacts and cumulative impacts, and social costs imposed 

as a result of the location, construction or modification ; 

(C) The owner or operator of the subject source or modification shall submit such 

analysis prior to the issuance of any tentative determination on a permit 

application under this section. 

(3) Control Technology Review and Approval. 
(A) An owner or operator of the subject source or modification shall submit, for 

approval in writing: 

(i) a LAER determination for each non-attainment air pollutant with 

allowable emissions in excess of the amount listed in Table 3a(k)-1, 

and 

(ii) an evaluation of secondary impacts or cumulative impacts for each 

non-attainment air pollutant with potential emissions in excess of the 

amount listed in Table 3a(k)-lof subsection (k) ; 

(B) In determining whether to approve LAER, the commissioner may take into 

account any emission limitation, including a visible emission limit. The 

commissioner may disregard any emissions test on a pilot plant or prototype 

equipment which does not have reasonable operating experience or which may 

not be generally available for industry use; 

(C) The owner or operator of the subject source or modification shall not be 

granted a permit under this section unless and until the commissioner 

determines that such owner or operator will install air pollution control 

technology which complies with the commissioner's approval of LAER for 

each non-attainment air pollutant; 

(D) If the owner or operator of the subject source or modification has made 

modifications to the subject source or modification and any of these 

modifications are subject to but have not previously been evaluated under this 

subsection, the commissioner shall conduct a LAER review under this 

subsection and require implementation of LAER for such modifications; and 

(E) In no event shall the application of LAER result in an emission limit or rate of 

emissions that is less stringent or environmentally protective than an emission 

limitation approved by the commissioner as BACT, an emission limitation 

demonstrated or established in any State Implementation Plan or any 

applicable limitation or standard under 40 CFR Parts 60, 61, 62 or 63 . 

(4) Offsetting emission reductions or Emission Reduction Credits. 

(A) Except as provided in subdivision (8)(B) of this subsection, prior to 

commencing operation pursuant to a permit issued under this section, the 

owner or operator of the subject source or modification shall: 

(i) reduce actual emissions from other stationary sources on such 

premises, sufficient to offset the allowable emissions increase for each 

individual non-attainment air pollutant which is the subject of the 

application, or 
(ii) obtain certified emission reduction credits in accordance with 

subdivision (5) of this subsection, which credits are sufficient to offset 

the allowable emissions increase for each individual non-attainment air 

pollutant; and 

(B) The commissioner shall not grant a permit to an owner or operator of the 

subject source or modification unless the owner or operator demonstrates that 

internal offset or certified emission reduction credits under subparagraph (A) 

of this subdivision: 

(i) have occurred or were created within the five (5) years preceding the 

submission of such application and prior to the date that the subject 

source or modification becomes operational and begins to emit any air 

pollutant. The commissioner may consider a different time period, 

beginning no earlier than November 15, 1990, 

(ii) are not otherwise required by any of the following: the Act; a federally 

enforceable permit or order; the State Implementation Plan; or the 

regulations or statutes in effect when such application is filed, 

(iii) will be incorporated into a permit or order of the commissioner and 

would be federally enforceable, 

(iv) will create a net air quality benefit in conjunction with the proposed 

emissions increase . In determining whether such a net air quality 

benefit would be created, the commissioner may consider emissions on 

an hourly, daily, seasonal or annual basis. For carbon monoxide or 

particulate matter (total suspended particulate and PMIO), the net air 

quality benefits shall be determined by the use of atmospheric 

modeling procedures approved by the commissioner and the 

Administrator in writing. Upon the request of the commissioner, the 

owner or operator shall make and submit to the commissioner, a net air 

quality benefit determination for each air pollutant. Such determination 

shall include, but not be limited to, all increases and decreases of 

emissions from stationary sources at any premises providing the 

offsetting emission reductions, 

(v) shall be based on the pounds per hour of potential emissions increase 

from the subject source or modification. The commissioner may 

consider other more representative periods, including, but not limited 

to, tons per year or pounds per day, 

(vi) are identified in an emissions inventory maintained by the 

commissioner or otherwise approved in writing by the commissioner, 
(vii) are of the same non-attainment air pollutant of which the owner or 

operator proposes to increase . Reductions of any exempt volatile 

organic compound listed in Table 1-3 of section 22a-174-1 of the 

Regulations of Connecticut State Agencies or those listed in 40 CFR 

51 .100 shall not be used to offset proposed increases emissions of nonexempt volatile organic compounds, 

(viii) occurred at either: one or more stationary sources in the same nonattainment area or stationary sources in another non-attainment area if, 

under the Act, such area has an equal or higher non-attainment 

classification than the area in which the proposed activity would take 

place, and if emissions from such other non-attainment area contribute 

to a violation of a National Ambient Air Quality Standard in the nonattainment area in which the proposed activity would take place, 

(ix) for the applicable non-attainment air pollutant, shall be from reductions 

in actual emissions, and 

(x) offset actual emissions at a ratio greater than one to one, as determined 

by the commissioner. In addition, the owner or operator shall offset 

emission increases of allowable emissions at a ratio, for volatile organic 

compounds or nitrogen oxides, of at least: 1 .3 to 1 in any severe nonattainment area for ozone, and 1 .2 to 1 in any serious non-attainment 

area for ozone. 

(5) The owner or operator of the subject source or modification shall secure certified 

emission reduction credits before using them. Discrete emission reduction credits shall be 

secured in twenty-four (24) month allotments prior to their use. Emission reduction credits 

shall be: 

(A) Created and used in accordance with 40 CFR 51 ; 

) Real, that is, resulting in a reduction of actual emissions, net of any 

consequential increase in actual emissions resulting from shifting demand. 

The emission reductions shall be measured, recorded and reported to the 

commissioner; 

(C) Quantifiable, based on stack testing approved by the commissioner in writing, 

conducted pursuant to an appropriate, reliable, and replicable protocol 

approved by the commissioner. Such quantification shall be in terms of the 

rate and total mass amount of non-attainment pollutant emission reduction; 

(D) Surplus, not required by any Connecticut General Statute or regulation adopted 

thereunder, or mandated by the State Implementation Plan, and not currently 

relied upon for any attainment plan, any Reasonable Further Progress plan or 

milestone demonstration; 

70 
(E) Permanent, in that at the source of the emission reduction, the emission 

reduction system shall be in place and operating, and an appropriate record 

keeping system is maintained to collect and record the data required to verify 

and quantify such emissions reductions; and 

(F) Enforceable and approved by the. commissioner in writing after the submission 

to the commissioner of documents satisfactory to the commissioner or 

incorporated into a permit as a restriction on emissions. 

(6) Compliance Requirements. 

(A) The owner or operator of the subject source or modification shall demonstrate 

that all stationary sources owned, operated or controlled by the owner, 

operator, applicant, permittee and any parent company or subsidiary thereof 

are in compliance with all environmental protection laws or are on a federally 

enforceable schedule for achieving such compliance; and 

) The owner or operator of the subject source or modification shall demonstrate 

that compliance with any enforcement orders for stationary sources in 

Connecticut owned, operated or controlled by the owner, operator, applicant, 

or permittee are on the most expeditious compliance schedule practicable. 

(7) Public Notice. The notice of tentative determination under section 22a-6h of the 

Connecticut General Statutes shall include any information concerning the proposal by the 

owner or operator to offset the potential emissions increase from the subject source or 

modification and the commissioner's approval of LAER. 

(8) Notwithstanding any provision of this section: 

(A) No permit shall be granted under this subsection if the Administrator has made 

a final determination that the applicable implementation plan is not being 

implemented for the nonattainment area in which the subject source or 

modification is to be located; and 

) Pursuant to section 173(a)(1)(B) of the Act, the owner or operator any new 

major stationary source or major modification which is located in a zone 

within the non-attainment area, which zone has been identified by the 

Administrator, in consultation with the Secretary of Housing and Urban 

Development, as a zone to which economic development should be targeted, 

shall not be required to obtain offsetting emission reductions pursuant to this 

subsection unless the proposed emissions would cause or contribute to 

emissions levels which exceed the emissions levels allowed by the State 

Implementation Plan. 
(m) 

(1) 

Permit Requirements for Hazardous Air Pollutants subject to the provisions of 

section 112(g) of the Act, as may be amended from time to time 

For the purposes of this subsection : 

(A) "Major source of hazardous air pollutants" means any stationary source that 

emits or has the potential to emit, ten (10) tons per year or more of any 

particular hazardous air pollutant or twenty-five (25) tons per year or more of 

any combination of hazardous air pollutants ; 

"Hazardous air pollutant" or "HAP" means, notwithstanding the definition in 

section 22a-174-1 of the Regulations of Connecticut State Agencies, any air 

pollutant listed in section 112(b) of the Act, excluding hydrogen sulfide and 

caprolactam; 

) 

(C) "Construct a major source of hazardous air pollutants" means to fabricate, 

erect or install a major source of hazardous air pollutants or group of major 

sources of hazardous air pollutants within a contiguous area and under 

common control; and 

"Reconstruct a major source of hazardous air pollutants" means to replace one 

or more components at a major source of hazardous air pollutants, provided 

that : 

) 

(i) the fixed capital cost of the new component(s) exceeds fifty (50%) 

percent of the fixed capital cost of constructing a comparable source, 

and 

(ii) it is technically and economically feasible for the source as determined 

by the commissioner, if reconstructed as proposed, to meet the 

applicable MACT emission limitation under this subsection. 

(2) The owner or operator of the following sources are exempt from the requirements of 

this subsection: 

(A) A major source of hazardous air pollutants subject to the MACT standards of 

40 CFR 63, provided that such owner or operator has met all requirements for 

preconstruction review and any other applicable requirements of 40 CFR 63, 

Subpart A; 

) A major source of hazardous air pollutants de-listed by the Administrator 

pursuant to section 112(c)(9) of the Act; or 

(3) An application for a permit to construct, reconstruct, or operate a major source of 

hazardous air pollutants shall include: 
(A) The names of the hazardous air pollutant(s) to be emitted, and the estimated 

emission rate of each such pollutant; 

) A proposed determination of MACT, including, but not necessarily limited to, 

specific design, equipment, work practice, or operational standard, or a 

combination thereof, that will meet the MACT, technical information on the 

design, operation, size, and estimated control efficiency of any proposed 

emission control equipment. The commissioner may require the owner or 

operator to submit the manufacturer's name, address, telephone number, and 

design specifications of such equipment for: 

(i) each single hazardous air pollutant with potential emissions of ten (10) 

tons per year or more, and 

(ii) any combination of hazardous air pollutants with potential emissions of 

twenty-five (25) tons per year or more; 

(C) A description of the subject source including identification of any listed source 

category or categories such source is included within under the Act; 

) The owner's or operator's proposed dates for: 

(i) commencement of construction or reconstruction of such source, 

(ii) completion of construction or reconstruction of such source, and 

(iii) start-up of such source ; 

(E) Any federally enforceable emission limitations applicable to such source ; 

(F) The proposed maximum utilization capacity of such source, and the associated: 

(i) uncontrolled emission rates per year, and 

(ii) controlled emission rates per year; 

(G) A proposed emission limitation for each hazardous air pollutant from such 

source ; 

(I) 

Supporting documentation for the proposed determination of MACT, such as 

an identification of alternative control technologies and an analysis of the cost, 

health and environmental impacts and energy requirements; and 

Any other relevant information required pursuant to 40 CFR 63, Subpart A, or 

as the commissioner may require. 
(4) No permit will be granted unless the commissioner approves the proposed MACT 

determinations and determines that the owner or operator shall: 

(A) Comply with any applicable emission standards or work practice standards 

adopted by the Administrator under sections 112(d) or 112(h) of the Act, 

respectively ; and 

(B) Comply with any applicable determination of the commissioner pursuant to 

section 112(j) of the Act. 

(5) In establishing MACT for any major source of hazardous air pollutants, the 

commissioner shall: 

(A) Consider any relevant emission standard or work practice standard proposed 

by the Administrator under sections 112(d) or 112(h) of the Act; 

(B) Consider any presumptive MACT determination adopted by the Administrator 

for the applicable source category which includes the source under 

consideration; 

(C) Require the limitation or requirements to be no less stringent than the emission 

control which is achieved in practice by the best controlled similar source, as 

determined by the commissioner; and 

) Require the maximum degree of reduction in emissions of hazardous air 

pollutants which can be achieved by utilizing those control technologies, 

taking into consideration the costs of achieving such emission reduction and 

any health and environmental impacts and energy requirements associated with 

the emission reduction. 

(6) The owner or operator of a source subject to this subsection and the commissioner 

shall comply with the provisions of 40 CFR Part 63.56 as amended from time to time. 

(7) Any permit issued pursuant to this subsection will require the permittee to comply 

with the applicable emission standard promulgated by the Administrator under section 112(d) 

or 112(h) of the Act no later than eight (8) years after such standard is promulgated or eight 

(8) years after the date by which the permittee was first required to comply with emission 

limitation established by such permit, whichever is earlier. . 

(8) Notwithstanding subdivisions (5), (6) and (7) of this subsection the permittee will not 

be required to comply with an applicable emission standard promulgated by the Administrator 

under section 112(d) or 112(h) of the Act if the emission limitation established by the permit 

issued pursuant to this subsection is at least as stringent as that required by the applicable 

emission standard promulgated by the Administrator under section 112(d) or 112(h) of the 

Act as determined by the commissioner. 
Statement of Purpose: This amendment streamlines the applicability of the requirement to 

obtain an air permit, thereby reducing the administrative burden of having to apply for, but 

not obtain an air permit . This amendment provides the application requirements and standards 

for granting a permit and permit modification in subsections 3a(b) through 3a(m) of this 

section. This amendment increases the threshold for state specific program from 5 tons 

potential to 15 tons potential thereby reducing the burden of having to apply for permits that 

are not otherwise federally required . This amendment also provides for exemptions from new 

source review under certain specific conditions . In addition, this amendment provides the 

specifications for using secured emission reduction credits to offset emission increases which 

provides industry with flexibility while continuing to ensure compliance . In addition, this 

amendment distinguishes between a major modification and the requirement to obtain a 

permit modification or revision in accordance with subsection 22a-174-2a. 

Subsection (m) has been amended to include federal Clean Air Act requirements; 

specifically, to incorporate Maximum Achievable Control Technology (MACT) requirements 

for major stationary sources of hazardous air pollutants into new source review permits 

pursuant to Section 112(g) of the Clean Air Act. 

G. Text of Proposed RC.S.A. section 22a-174-3b: 

The Regulations of Connecticut State Agencies are amended by adding section 22a-174-3b as 

follows: 

Section 22a-174-3b . Exemptions from permitting for construction and operation of 

external combustion units, automotive refinishing operations, emergency engines, 

nonmetallic mineral processing equipment and surface coating operations. 

(a) Definitions. For the purposes of this section: 

(1) "As applied" means a coating prepared according to a manufacturer's mixing 

instructions, including all components such as dilution solvents and reactive constituents, and 

prepared at the time of application to a substrate; 

(2) "Automobile" means a passenger car, van, motorcycle, truck or any other motorized 

vehicle for transportation; 

(3) "Automotive refinishing operation" means the processes for coating, painting or 

repairing the pre-existing coat or paint applied to automobiles and automotive components at 

an automobile manufacturing plant, including but not limited to surface preparation, primer 

application, topcoat application and applicator cleaning ; 
(4) "Electrostatic application" means the application of charged atomized paint droplets 

by electrostatic attraction; 

(5) "Emergency" means "emergency" as defined in section 22a-174-22 of the Regulations 

of Connecticut State Agencies; 

(6) "Emergency engine" means "emergency engine" as defined in section 22a-174-22 of 

the Regulations of Connecticut State Agencies; 

(7) "Existing stationary source" means a stationary source for which a permit to control 

emissions to the air has been issued by the Department; 

(8) "External combustion unit" means a device that combusts only natural gas, propane or 

fuel oil, which is not a stationary internal combustion engine or turbine, and includes, but is 

not limited to, a boiler, heater, drying oven, curing oven or furnace; 

(9) "Hazardous air pollutant" means, notwithstanding the definition in section 22a-174-1 

of the Regulations of Connecticut State Agencies, any air pollutant listed in Section 112(b) of 

the Act, excluding hydrogen sulfide and caprolactum; 

(10) "New stationary source" means a stationary source for which a permit to control 

emissions to the air has not been issued by the Department; 

(11) "Nonmetallic mineral" means "nonmetallic mineral" as defined in 40 CFR 60.671 ; 

(12) "Nonmetallic mineral processing equipment" means any crusher, grinding mill, 

screening operation, bucket elevator, belt conveyer, bagging operation, storage bin or other 

equipment used to crush or grind any nonmetallic mineral at a nonmetallic mineral processing 

plant; 

(13) "Nonmetallic mineral processing plant" means "nonmetallic mineral processing plant" 

as defined in 40 CFR 60.671 ; 

(14) "Spray booth" means a structure, housing automatic or manual spray application 

equipment, that is used to apply coatings ; 

(15) "Surface coating operation" means a process used to apply a layer of material 

including spray painting, dip coating, roller coating, and electrostatic deposition, but exclusive 

of printing, publishing or packaging operations; 

(16) "Tune-up" means to perform maintenance and adjust equipment to proper or required 

operating condition; and - 

(17) "Twelve (12) month rolling aggregate" means the sum of the total fuel use, actual 

emissions, coating use, solvent use or actual operating time calculated for each month by 
adding the current month's fuel use, actual emissions, coating use, solvent use or actual 

operating time to those of the previous eleven months. 

(b) Applicability. 

(1) The owner or operator of a stationary source that is an external combustion unit, an 

automotive refinishing operation, a nonmetallic mineral processing equipment, an emergency 

engine or a surface coating operation may construct and operate such source without 

obtaining a general permit for such source issued pursuant to section 22a-174(n of the 

Connecticut General Statutes or a permit pursuant to section 22a-174-3a of the Regulations of 

Connecticut State Agencies if 

(A) The source is an emission unit with potential emissions of fifteen (15) tons or 

more per year of any individual .air pollutant; 

(B) The source is not a new major stationary source ; 

(C) The source is not a newly constructed or reconstructed major source of 

hazardous air pollutants subject to the requirements of section 22a-174-3a(m) 

of the Regulations of Connecticut State Agencies; and 

(D) The owner or operator complies with all applicable provisions of this section. 

(2) The owner or operator of an existing stationary source that is an external combustion 

unit, an automotive refinishing operation, a nonmetallic mineral processing equipment, an 

emergency engine or a surface coating operation may modify such source without obtaining a 

general permit for such source issued pursuant to section 22a-174(1) of the Connecticut 

General Statutes or a permit pursuant to section 22a-174-3a of the Regulations of Connecticut 

State Agencies if 

(A) The source is a modification to an existing emission unit which increases 

potential emissions of any individual air pollutant from such unit by fifteen 

(15) tons or more per year; 

) At the time of modification, the source is not authorized to operate pursuant to 

an individual permit issued pursuant to section 22a-174-3a of the Regulations 

of Connecticut State Agencies; 

(C) The modification is not a major modification to an existing major stationary 

source ; and 

The owner or operator complies with all applicable provisions of this section. 

(3) The requirements of this section do not apply to the owner, or operator of a stationary 

source that is an external combustion unit, an automotive refinishing operation, a nonmetallic 

mineral processing equipment, an emergency engine or a surface coating operation if such 

source has potential emissions of less than fifteen (15) tons per year of each individual air 

77 
pollutant, including those sources operating in compliance with section 22a-174-3c of the 

Regulations of Connecticut State Agencies. 

(c) External combustion unit. 

(1) The owner or operator of an external combustion unit shall properly maintain 

equipment and operate such unit in accordance with the following requirements : 

(A) Maximum rated heat input shall not exceed the following limitations: 

(i) 50 MMBtu/hr for sources burning gaseous fuels, 

(ii) 25 MMBtu/hr for sources burning distillate fuel oil, and 

(iii) 15 MMBtu/hr for sources burning residual fuel oil; 

(B) Fuel use shall not exceed the following limitations: 

(i) natural gas usage shall not exceed 214 million cubic feet in any twelve 

(12) month rolling aggregate, 

(ii) propane usage shall not exceed 1 .57 million gallons in any twelve (12) 

month rolling aggregate, 

(iii) distillate fuel oil usage shall not exceed 704,000 gallons in any twelve 

(12) month rolling aggregate, 

(iv) residual fuel oil usage shall not exceed 191,000 gallons in any twelve 

(12) month rolling aggregate, and 

(v) use of any combination of the fuels listed in subparagraphs (B)(i) 

through (B)(iv) of this subdivision shall not result in emissions of any 

individual air pollutant greater than fifteen (15) tons per year in any 

twelve (12) month rolling aggregate; 

(C) Fuel content shall be as follows: 

(i) 

(h) 

any residual fuel oil used shall contain 0.5%, or less, sulfur by weight, 

dry basis, and 

no fuel oil used shall be blended with waste oil or solvent; 

(D) The height of any stack associated with the unit shall be the greater of 

(i) ten (10) meters, or 
(ii) the lesser of 1 .3 times the building height or maximum building width; 

and 

(E) A tune-up of the external combustion unit shall be performed on an annual 

basis. 

(2) The owner or operator of an external combustion unit shall maintain records of the 

information necessary for the commissioner to determine compliance with the requirements of 

subdivision (1) of this subsection . Information sufficient to make such determinations may 

include the information specified in subdivision (3) of this subsection . All records made to 

determine compliance with the requirements of this section shall be: 

(A) Made available to the commissioner to inspect and copy upon request; and 

(B) Maintained for five (5) years from the date such record is created. 

(3) The owner or operator of an external combustion unit may make and maintain records 

of the following information, as applicable: 

(A) Records of the fuel type and quantity used, in gallons or million cubic feet, for 

each month and each twelve (12) month rolling aggregate; 

) If the fuel used is residual oil, records of the sulfur content for each 

nongaseous fuel shipment received; 

(C) If multiple fuels are used, records of the quantity in tons of each criteria 

pollutant emitted for each month and each twelve (12) month rolling; and 

) The date each annual tune-up is performed. 

(d) Automotive refinishing operation. 

(1) The owner or operator of an automotive refinishing operation shall properly maintain 

equipment and perform such operation in accordance with the following requirements: 

(A) The total amount of VOC-containing coatings or solvents used shall not exceed 

2,000 gallons in any twelve (12) month rolling aggregate; 

(B) Any paint or coating shall be applied by one of the following means : 

(i) high volume low pressure spray equipment, 

(ii) electrostatic application equipment, or 

(iii) any other application method that has a manufacturer's guaranteed 

transfer efficiency of at least sixty-five percent (65%); 
(C) Any application equipment used shall be cleaned using one of the following 

means: 

(i) in a device that remains closed at all times when not in use, 

(ii) in a system that discharges unatomized cleaning solvent into a waste 

container that remains closed when not in use, 

(iii) in a vat that allows for disassembly and cleaning of application 

equipment and that is kept closed when not in use, or 

(iv) in a system that atomizes spray into a paint waste container that is fitted 

with a device designed to capture atomized solvent emissions; 

(D) Spray operations shall be performed in an enclosed area; and 

(E) If a spray booth is used, such booth shall contain particulate control equipment 

that is operated and maintained in good working condition at all times the 

booth is in use. 

(2) The owner or operator of an automotive refinishing operation shall maintain records of 

the information necessary for the commissioner to determine compliance with the 

requirements of subdivision (1) of this subsection . Information sufficient to make such 

determinations may include the information specified in subdivision (3) of this subsection . 

All records made to determine compliance with the requirements of this section shall be: 

(A) Made available to the commissioner to inspect and copy upon request; and 

(B) Maintained for five (5) years from the date such record is created. 

(3) The owner or operator of an automotive refinishing operation may make and maintain 

records of the following information: 

(A) Records of the amount of coating and solvent used, in gallons, for each month 

and each twelve (12) month rolling aggregate; and 

) If a paint or coating is applied by other than the methods specified in 

subsection (c)(3)(B)(i) or (c)(3)(B)(ii), a record of the manufacturer's 

guaranteed transfer efficiency. 

(e) Emergency engine. 

(1) The owner or operator of an emergency engine shall properly maintain equipment and 

operate such engine in accordance with this subsection. 
(2) No owner or operator of an emergency engine shall cause or allow such engine to 

operate except in an emergency and unless the following conditions are met: 

(A) Operation of such engine shall not exceed 500 hours during any twelve (12) 

month rolling aggregate; and 

) Any nongaseous fuel consumed by such engine shall not exceed a sulfur 

content of 0.3% by weight, dry basis. 

(3) The owner or operator of an emergency engine shall maintain records of the 

information necessary for the commissioner to determine compliance with the requirements of 

subdivision (2) of this subsection . Information sufficient to make such determinations may 

include the information specified in subdivision (4) of this subsection . All records made to 

determine compliance with the requirements of this section shall be: 

(A) Made available to the commissioner to inspect and copy upon request; and 

(B) Maintained for five (5) years from the date such record is created. 

(4) The owner or operator of an emergency engine may make and maintain records of the 

hours of operation for each month and each twelve (12) month rolling aggregate. 

(f) Nonmetallic mineral processing equipment. 

(1) The owner or operator of nonmetallic mineral processing equipment shall properly 

maintain equipment and operate such equipment in accordance with the following conditions 

on fuel use and content: 

(A) Equipment powered by an internal combustion engine greater than or equal to 

600 horsepower shall not exceed 67,400 gallons of fuel oil usage in any twelve 

(12) month rolling aggregate; 

) Equipment powered by an internal combustion engine less than 600 

horsepower shall not exceed 48,900 gallons fuel oil usage in any twelve (12) 

month rolling aggregate; and 

(C) Any nongaseous fuel oil consumed by such equipment shall not exceed a 

sulfur content of 0.05% by weight, dry basis. 

(2) The owner or operator of nonmetallic mineral processing equipment shall maintain 

records of the information necessary for the commissioner to determine compliance with the 

requirements of subdivision (1) of this subsection . Information sufficient to make such 

determinations may include the information specified in subdivision (3) of this subsection. 

All records made to determine compliance with the requirements of this section shall be: 

(A) Made available to the commissioner to inspect and copy upon request; and 
(B) Maintained for five (5) years from the date such record is created. 

(3) The owner or operator of nonmetallic mineral processing equipment may make and 

maintain records of the following information: 

(A) Records of the quantity of fuel used, in gallons, for each month and each 

twelve (12) month rolling aggregate; and 

(B) For each nongaseous fuel shipment received, records of the sulfur content as a 

percent by weight, dry basis, and type of fuel . 

(g) Surface coating operation. 

(1) The owner or operator of a surface coating operation shall properly maintain 

equipment and conduct such coating operations only in accordance with the following 

limitations on VOCs, hazardous air pollutants and particulate matter : 

(A) The VOC content of any coating used shall not exceed 6.3 pounds per gallon, 

as applied; 

(B) The hazardous air pollutant content of any coating used shall not exceed 6.3 

pounds per gallon, as applied; 

(C) Coating and solvent usage, including diluents and cleanup solvents but 

excluding water, shall not, in any twelve (12) month rolling aggregate, exceed 

3,000 gallons; and 

) Any electrostatic dry powder coating operation or plasma spray operation shall 

be operated only with particulate control equipment that meets the following 

requirements: 

(i) is integrated in the coating or spray operation, 

(ii) includes a minimum collection efficiency of 90%, and 

(iii) is operated and maintained in good worlcing condition. 

(2) The owner or operator of a surface coating operation shall maintain records of the 

information necessary for the commissioner to determine compliance with the requirements of 

subdivision (1) of this subsection. Information sufficient to make such determinations may 

include the information specified in subdivision (3) of this subsection . All records made to 

determine compliance with the requirements of this section shall be: 

(A) Made available to the commissioner to inspect and copy upon request; and 
(B) Maintained for five (5) years from the date such record is created. 

(3) The owner or operator of a surface coating operation may make and maintain records 

of the following information: 

(A) Records of the type and quantity of coating and solvent used, in gallons, for 

each month and each twelve (12) month rolling aggregate; 

) Records of the hazardous air pollutant and VOC content per gallon of each 

coating and solvent used, as applied; and 

(C) If the surface coating operation includes an electrostatic dry powder coating 

operation or a plasma spray operation, a record of the manufacturer's 

specifications for particulate control efficiency. 

(h) Fuel sulfur content. Any of the records listed in subdivisions (1), (2) and (3) 

of this subsection are sufficient to demonstrate the sulfur content of fuel used as 

required by subsections (c), (e) and (f) of this section: 

(1) A fuel certification for a delivery of nongaseous fuel from a bulk petroleum provider ; 

(2) A sales receipt for the sale of motor vehicle diesel fuel from a retail location; or 

(3) A copy of a current contract with the fuel supplier supplying the fuel used by the 

equipment that includes the applicable sulfur content of nongaseous fuel as a condition of 

each shipment. 

(i) Reporting. 

(1) The owner or operator of any source required to make and maintain records pursuant 

to this section shall provide any such records, or a copy thereof, to the commissioner upon 

request and shall make such records available to the commissioner to inspect at the location 

maintained and shall make and provide copies of any records requested by the commissioner. 

(2) Any record requested pursuant to subdivision (1) of this subsection shall be submitted 

with a certification in accordance with section 22a-174-2a(a) of the Regulations of 

Connecticut State Agencies. 

(j) Applicable law. Nothing in this section shall relieve an owner or operator 

from any obligation to comply with: 

(1) The requirements of 40 CFR 63, Subpart B as implemented in section 22a-174-

3a(m) of the Regulations of Connecticut State Agencies; and 

(2) Any other applicable federal, state or local law. 
(k) Individual application. 

(1) Nothing in this section shall preclude the commissioner from requiring an owner or 

operator to obtain an individual permit pursuant to section 22a-174-3a of the Regulations of 

Connecticut State Agencies. 

(2) An owner or operator who has filed an application for an individual permit pursuant to 

subdivision (1) of this subsection shall comply with the requirements of this section while 

such application is pending. 

Statement of Purpose: This section establishes emissions limitations, operating practices, 

and recordkeeping requirements for certain categories of stationary sources of air pollution to 

restrict emissions to levels that are not significant contributions to air pollution; and exempts 

such sources from the permitting process by removing owners and operators from the duty to 

apply for and obtain individual operating permits. 

H. Text of Proposed RC.S .A. section 22a-174-3c : 

The Regulations of Connecticut State Agencies are amended by adding section 22a-174-3c as 

follows: 

(NEW) 

Section 22a-174-3c. Limitations on potential to emit for external combustion units, 

emergency engines, automotive refinishing operations, nonmetallic mineral processing 

equipment and surface coating operations . 

(a) Limitations on potential to emit. 

(1) Notwithstanding the definition of "potential emissions" or "potential to emit" in 

section 22a-174-1 of the Regulations of Connecticut State Agencies, the potential emissions 

or potential to emit of any individual air pollutant for a stationary source identified in 

subdivision (2) of this subsection is less than fifteen tons per year, unless otherwise 

determined by a permit or order of the commissioner, if the owner or operator operates the 

source to comply with all applicable requirements of subsections (b) and (c) of this section. 

(2) The owner or operator of any new or existing stationary source that is an external 

combustion unit, an automotive refinishing operation, a nonmetallic mineral processing 

equipment, an emergency engine or a surface coating operation may limit potential emissions 

pursuant to subdivision (1) of this subsection . 

(b) Operating requirements. 
(1) The owner or operator of an external combustion unit using gaseous fuel and operating 

to limit potential emissions in accordance with this section shall: 

(A) Limit gaseous fuel purchase for the premises to equal to or less than 100 

million cubic feet in any calendar year; and 

) Maintain a maximum rated heat input less than 50 mmBTU/hr. 

(2) The owner or operator of an external combustion unit using distillate fuel and 

operating to limit potential emissions in accordance with this section shall: 

(A) Limit distillate fuel oil purchase for the premises to equal to or less than 

328,000 gallons in any calendar year; and 

(B) Maintain a maximum rated heat input less than 25 mmBTU/hr. 

(3) The owner or operator of an external combustion unit using residual fuel and operating 

to limit potential emissions in accordance with this section shall: 

(A) Limit residual fuel oil purchase for the premises to equal to or less than 89,000 

gallons in any calendar year; and 

) Maintain a maximum rated heat input for the external combustion unit of less 

than 15 mmBTU/hr. 

(4) The owner or operator of an external combustion unit using propane and operating to 

limit potential emissions in accordance with this section shall: 

(A) Limit propane purchase for the premises to equal to or less than 736,000 

gallons in any calendar year; and 

) Maintain a maximum rated heat input less than 50 mmBTU/hr. 

(5) The owner or operator of an emergency engine using gaseous fuel and operating to 

limit potential emissions in accordance with this section shall limit gaseous fuel purchase for 

the premises to equal to or less than 41 million cubic feet in any calendar year. 

(6) The owner or operator of an emergency engine using distillate fuel and operating to 

limit potential emissions in accordance with this section shall limit distillate fuel oil purchase 

for the premises to equal to or less than 21,000 gallons in any calendar year. 

(7) The owner or operator of an emergency engine using propane and operating to limit 

potential emissions in accordance with this section shall limit propane purchase for the 

premises to equal to or less than 100,000 gallons in any calendar year; 
(8) The owner or operator of an automotive refinishing operation operating to limit 

potential emissions in accordance with this section shall limit VOC containing coating or 

solvent purchase for the premises to equal to or less than 1,000 gallons in any calendar year. 

(9) The owner or operator of a nonmetallic mineral processing equipment operating to 

limit potential emissions in accordance with this section shall limit fuel oil purchase for the 

premises to equal to or less than 22,000 gallons in any calendar year. 

(10) The owner or operator of a surface coating operation operating to limit potential 

emissions in accordance with this section shall limit purchase for the premises of VOC 

containing coatings, including diluents and cleanup solvents but excluding water, to equal to 

or less than 1,500 gallons in any calendar year. 

(c) Records. 

(1) The owner or operator of any source that is operating to comply with the requirements 

of subsection (b) of this section shall maintain purchase records to demonstrate compliance 

with applicable fuel, coating and solvent limitations. 

(2) The owner or operator of any source shall make purchase records maintained pursuant 

to subdivision (1) of this subsection available to the commissioner to inspect and copy upon 

request. 

(3) The owner or operator of any source maintaining purchase records pursuant to 

subdivision (1) of this subsection shall maintain such records for five (5) years from the date 

such records are created. 

(d) Applicable law. Nothing in this section shall relieve an owner or operator 

from any obligation to comply with: 

(2) The requirements of 40 CFR 63, Subpart B as implemented in section 22a-174-

3a(m) of the Regulations of Connecticut State Agencies; and 

(3) Any other applicable federal, state or local law. 

(e) Individual application. 

(3) Nothing in this section shall preclude the commissioner from requiring an owner or 

operator to obtain an individual permit pursuant to section 22a-174-3a of the Regulations of 

Connecticut State Agencies. 

(4) An owner or operator who has filed an application for an individual permit pursuant to 

subdivision (1) of this subsection shall comply with the requirements of this section while 

such application is pending. 
Statement of Purpose: This section establishes limitations on fuel purchase and use and 

coating and solvent use for certain categories of stationary sources of air pollution to restrict 

emissions to levels that do not contribute significantly to air pollution. An owner or operator 

of a source operating in compliance with this section does not need to obtain an individual 

operating permit or operate the source to comply with the requirements of section 22a-174-3b 

of the Regulations of Connecticut State Agencies. 

I. Text of Proposed RC.S.A. section 22a-174-33 : 

Section 5 . 

Section 22a-174-33 of the Regulations of Connecticut State Agencies 

is being amended as follows : 

Sec . 22a-174-33 . Title V Sources . 

(a) Definitions . For the purposes of this section : 

[(1) "Act" means the Clean Air Act, as amended in 1990, 42 U.S .C . 

7401 et seq. 

(2) "Administrator" means the Administrator of the United States 

Environmental Protection Agency or his designee .] 

[(3) "Affected states" means the States of Massachusetts, New York, 

and Rhode Island and any other State located within fifty (50) miles 

of a Title V source .] 

[(4)] (1) "Alternative operating scenario" means a condition, 

including equipment configurations, process parameters, or materials 

used in a process under which the owner or operator of a Title V 

source may be allowed to operate . 

[(5)](2) "Applicable requirements" means : 

(A) [any] ANY standard or other requirement in the State 

implementation plan or in a federal implementation plan 

for the State of Connecticut promulgated by the 

Administrator pursuant to the Act ; 

(B) [any] ANY term or condition of a permit [to construct] 

issued pursuant to FORMER section 22a-174-3 OR SECTION 

22a-174-3a of the Regulations of Connecticut State 

Agencies ; 

(C) [any] ANY standard or other requirement of the acid rain 

program pursuant to 40 CFR Parts 72 through 78, 

inclusive, ; and 
(D) [any] _ANY standard or other requirement pursuant to 40 

CFR [Part] 51, 52 , 59, 60, 61, 62, 63, 64, 68, [or] 70_, 

OR 82 . 

[(6)] (3) "Code of Federal Regulations" or "CFR" means the Code of 

Federal Regulations [revised as of September 16, 1994, unless 

otherwise specified] AS AMENDED FROM TIME TO TIME . 

[(7) "Emissions unit" means any part or activity of a stationary 

source which part or activity emits or has the potential to emit any 

regulated air pollutant or any hazardous air pollutant .] 

(4) "DEVIATION" HAS THE SAME MEANING AS IN 40 CFR 71 .6(a)(3)(iii)(C) . 

[(8)](5) "Hazardous air pollutant" means, notwithstanding the 

definition in section 22a-174-1 of the Regulations of Connecticut 

State Agencies, any air pollutant listed in section 112(b) of the 

Act [except] EXCLUDING hydrogen sulfide AND CAPROLACTAM . 

[(9)](6) "Implementation date of this section" means APRIL 23, 1997 . 

[the earlier of : 

(A) June 1, 1997 ; or 

(B) the date of interim or final approval of this section by 

the Administrator pursuant to 40 CFR Part 70 .4 .] 

[(10) "Maximum achievable control technology" or "MACT" means a 

method of achieving an emission limitation or reduction in emissions 

of hazardous air pollutants determined by the commissioner pursuant 

to subsection (e) of this section or by the Administrator pursuant 

to 40 CFR,Part 63 .1 

[(11) "Monitoring" means any particular procedures required to 

determine emissions or compliance with parameters in accordance with 

applicable requirements or any particular procedures necessary to 

determine whether applicable requirements are being met .] 

[(12)](7) "Regulated air pollutant" means any of the following : 

(A) [nitrogen] _NITROGEN oxides or any volatile organic 

compound; 

(B) [any] _ANY pollutant which is a criteria air pollutant AS 

DEFINED IN SECTION 22a-174-1 OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES ; 

(C) [any] ANY pollutant [from] EMITTED BY a stationary source 

which is subject to any standard of performance for new 

stationary sources pursuant to 40 CFR [Part] 60 ; 

88 
(D) [any] ANY pollutant from a substance subject to a 

stratospheric ozone protection requirement pursuant to 40 

CFR [Part] 82, Subpart A, Appendix A or B ; 

(E) (any] ANY pollutant subject to a national emission 

standard or other requirement under 40 CFR [Part] 63,and 

emitted by a source in a category listed in THE Federal 

Register (Vol . 58 No . 231, December 3, 1993] IN 

ACCORDANCE WITH SECTION 112(e)(3) OF THE ACT ; 

(F) [any] ANY pollutant from a stationary source which is 

subject to any standard or other requirement pursuant to 

40 CFR 61 ; or 

(G) [any] ANY pollutant listed in 40 CFR [Part] 68 . 

(8) "RESEARCH AND DEVELOPMENT OPERATION" MEANS ANY ACTIVITY WHICH: 

(A) OCCURS IN A LABORATORY ; 

(B) IS INTENDED TO (i) DISCOVER SCIENTIFIC FACTS, PRINCIPLES 

OR SUBSTANCES, OR (ii) ESTABLISH METHODS OF MANUFACTURE 

OR DESIGN OF SALEABLE SUBSTANCES, DEVICES OR OTHER 

PRODUCTS, BASED UPON PREVIOUSLY DISCOVERED SCIENTIFIC 

FACTS, PRINCIPLES OR . SUBSTANCES ; AND 

(C) DOES NOT INCLUDE (i) PRODUCTION OF A PRODUCT FOR SALE, OR 

(ii) PRODUCTION OF A PRODUCT FOR DISTRIBUTION THROUGH 

MARKET TESTING CHANNELS . 

[(13) "Throughput" means the rate of production by volume or 

weight, in a manufacturing process, for which the combined 

quantities of all materials introduced, excluding air and water, are 

used to determine such rate .] 

[(14)](9) "Title V permit" means any permit issued, renewed, or 

modified by the commissioner pursuant to this section . 

[(15)](10) "Title V source" means any (premise] PREMISES AT, IN, OR 

ON which [includes] any of the following IS LOCATED : 

(A) (any] ANY stationary source subject to 40 CFR (Part] 60 

or 61 ; 

(B) [any] _ANY stationary source subject to 40 CFR [Part] 

62, 63 OR 68 ; 

(C) (any] ANY stationary source subject to 40 .CFR 

(Parts] 72 through 78, inclusive ; 
(D) [any] _ANY stationary source subject to section 129(e) of 

the Act OR ANY FINAL PLAN UNDER SECTION 111(d) OF THE 

ACT; 

(E) [any] _ANY one or more stationary sources, which are 

located on one or more contiguous or adjacent properties 

under [common] THE control of the same person or persons 

and which IN THE AGGREGATE emit, or have the potential to 

emit, including fugitive emissions [to the extent 

quantifiable, in the aggregate], ten (10) tons or more 

per year of any hazardous air pollutant, twenty-five 

(25) tons or more per year of any combination of 

hazardous air pollutants[, or the quantity established by 

the Administrator pursuant to 40 CFR Part 63] ; or 

(F) [any] _ANY one or more stationary sources, which are 

located on one or more contiguous or adjacent properties 

under [common] THE control of the same person or persons 

and which belong to the same two-digit Standard 

Industrial Classification code, as published by the 

United States Office of Management and Budget in the 

Standard Industrial Classification Manual of 1987, and 

which IN THE AGGREGATE emit, or have the potential to 

emit AIR POLLUTANTS, including fugitive emissions, from 

those categories of sources listed in (2)(i) through 

(xxvii) in the definition of "major source" in 40 CFR 

[Part] 70 .2, OF : 

(i) one hundred (100) tons or more per year of any 

regulated air pollutant[ ;], 

(ii) fifty (50) tons or more per year of volatile organic 

compounds or nitrogen oxides in a serious ozone 

[nonattainment] NON-ATTAINMENT area[ ;], or 

(iii) twenty-five (25) tons or more per year of volatile 

organic compounds or nitrogen oxides in a severe 

ozone [nonattainment] NON-ATTAINMENT area[ .] ; AND 

(G) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (F) OF 

THIS SUBDIVISION, ANY LANDFILL CONTAINING ONLY MUNICIPAL 

SOLID WASTE, AS THAT TERM IS DEFINED IN SECTION 22a207(23) OF THE CONNECTICUT GENERAL STATUTES, SHALL NOT BE 

CONSIDERED A TITLE V SOURCE UNLESS SUCH LANDFILL IS 

SUBJECT TO ANY APPLICABLE REQUIREMENT IDENTIFIED IN 

SUBPARAGRAPH (B) OR (D) OF THIS SUBDIVISION . 

(b) Signatory Responsibilities . 

[(1)] An application for a Title V permit, any form, report, 

compliance [certificate] CERTIFICATION or other document required by 

90 
a Title V permit, and any other information submitted by an 

[applicant] OWNER OR OPERATOR or a permittee pursuant to this 

section shall be signed [by the following individual :] IN ACCORDANCE 

WITH SECTION 22a-174-2a(a) OF THE REGULATIONS OF CONNECTICUT STATE 

AGENCIES . 

[(A) For a corporation : A president, secretary, treasurer, or 

vice-president of the corporation in charge of a 

principal business function, or any other person who 

performs similar policy or decision-making functions for 

the corporation, or the duly authorized representative 

responsible for overall operation of one or more 

manufacturing, production, or operating facilities 

subject to this section provided ; 

(i) the operating facilities subject to this section 

employ more than 250 persons or have gross annual . 

sales or expenditures exceeding twenty-five million 

dollars (in second quarter 1980 dollars) ; or 

(ii) the authority to sign documents has been assigned or 

delegated to such representative in accordance with 

corporate procedures 

(B) For a partnership or sole proprietorship : a general 

partner or the proprietor, respectively; or 

(C) For a municipality, State, Federal, or other public 

agency : either a principal executive officer or ranking 

elected official . For purposes of this section, a 

principal executive officer of a Federal agency includes 

the chief executive officer having-responsibility for the 

overall operations of a principal geographic unit of the 

agency . 

(2) A duly authorized representative under subparagraph (A)(i) or 

(ii) of subdivision (1) of this subsection may be either a named 

individual or-any individual occupying a named position . Such named 

individual or individual occupying a named position is a duly 

authorized representative only if : 

(A) his or her authorization~has been given in writing 

by an individual as prescribed in subparagraph 

W(ii) of subdivision (1) of this subsection; 

(B) such authorization specifically authorizes either ; 

(i) an individual or a position having responsibility 

for the overall operation of the premise or 

activity, such as the position of plant manager, 
superintendent, or position of equivalent 

responsibility, or 

(ii) an individual or position having overall 

responsibility for environmental matters for the 

company ; and 

(C) such written authorization is submitted to the 

commissioner and has been approved in writing by the 

commissioner in advance of such delegation . Such 

approval does not constitute approval of corporate 

procedures . 

(3) If an authorization under subdivision (2) of this subsection 

is no longer effective because a different individual or position 

has assumed the applicable responsibility, a new-authorization 

satisfying the requirements of such subdivision shall be submitted 

to the commissioner prior to or together with the submission of any 

applications, reports, forms, compliance certifications, documents 

or other information which is, pursuant to subdivision (1) of this 

subsection, signed by an individual or a duly authorized 

representative of such individual . 

(4) Any individual signing any document pursuant to subdivision (1) 

of this subsection shall also sign the certification provided in 

section 22a-3a-5(a)(2) of the Regulations of Connecticut State 

Agencies . 

(5) The owner or operator of a Title V source shall comply with the 

applicable provisions of 40 CFR Parts 72 through 78, inclusive . If 

such provisions conflict with this subsection of this section, ttLe 

provisions and requirements of 40 CFR Part 72 through 78, inclusive, 

shall apply .] 

(c) Applicability. 

(1) The provisions of this section shall apply to THE OWNER OR 

OPERATOR OF every Title V source . 

(2) Notwithstanding subdivision (1) of this subsection AND EXCEPT AS 

PROVIDED IN SUBDIVISION (3) OF THIS SUBSECTION, this section shall 

not apply to any [premise] PREMISES which is defined as a Title V 

source solely because a stationary source on such [premise] PREMISES 

is subject to one or more of the following : 

(A) [standard] _STANDARD of performance for new 

residential wood heaters pursuant to 40 CFR [Part] 

60, Subpart AAA; 

(B) 40 CFR [Part 61, Subpart M, section] 61 .145 ; 
(C) [accidental] _ACCIDENTAL release requirements pursuant to 

40 CFR [Part] 68 ; 

(D) [40 CFR Part 61 Subpart I ; or 

(E) ] 40 CFR [Part] 60, 61, 63 [,] OR 68 [or 72] , if such source 

is exempt [by the terms of such part or is exempted by 

the Administrator] OR DEFERRED from the requirement [of 

obtaining] TO OBTAIN a Title V permit[ .] : 

(i) BY THE TERMS OF THE APPLICABLE CFR, 

(ii) BY THE TERMS OF 40 CFR 70, 

(iii) BY THE ADMINISTRATOR, OR 

(iv) WITH THE ADMINISTRATOR'S AUTHORIZATION, BY THE 

COMMISSIONER; 

[(3) If a premise is subject to this section, any stationary source 

subject to 40 CFR Part 61 Subpart I located at such premise shall, 

notwithstanding subparagraph (2)(D) of this subsection, also be 

subject to this section .] 

[(4)] (3) Notwithstanding the definition of a Title V source SET 

FORTH IN SUBSECTION (a) OF THIS SECTION, for the purpose of 

determining whether this section applies to a [premise] PREMISES at 

which research and development operations are located, the owner or 

operator of such [premise] PREMISES may calculate the emissions from 

such [premise] PREMISES by subtracting the emissions from such 

research and development operations from the total emissions [from] 

OF such [premise] PREMISES . [Such premise] THE EMISSIONS FROM THE 

REMAINDER OF SUCH PREMISES and research and development operations 

shall be separately evaluated BY THE COMMISSIONER for purposes of 

determining whether [a] Title V [permit is] PERMITS ARE required FOR 

EACH PORTION OF SUCH PREMISES . [For the purposes of this subsection, 

a research and development operation means any activity which: 

(A) occurs in a laboratory; 

(B) involves (i) the discovery of scientific facts, 

principles, reactions or substances, or (ii) the 

structuring or establishment of methods of manufacture or 

of specific designs of saleable substances, devices or 

procedures, based upon previously discovered scientific 

facts, principles, reaction or substances ; and 

(C) does not include (i) production for sale of established 

products through established processes, or (ii) 

production of a product for distribution through market 

testing channels . ] 

93 
(4) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR OF ANY TITLE V SOURCE THAT IS SUBJECT TO A TITLE V 

GENERAL PERMIT ISSUED UNDER THIS SECTION HAS NOT COMPLIED WITH SUCH 

GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE A VIOLATION OF THIS 

SECTION AND SUCH OWNER OR OPERATOR SHALL BE DEEMED TO HAVE BEEN 

OPERATING A TITLE V SOURCE WITHOUT A TITLE V PERMIT . 

(5) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR OF ANY TITLE V SOURCE THAT IS SUBJECT TO A TITLE V 

GENERAL PERMIT ISSUED UNDER THIS SECTION HAS NOT QUALIFIED FOR 

APPLICABILITY UNDER SUCH GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE 

A VIOLATION OF THIS SECTION AND SUCH OWNER OR OPERATOR SHALL BE 

DEEMED TO HAVE BEEN OPERATING A TITLE V SOURCE WITHOUT A TITLE V 

PERMIT . 

(d) Limitations on Potential to Emit . 

(1) In lieu of requiring an owner or operator of a (premise] TITLE 

V SOURCE described in [subdivision (a)(15)] SUBSECTION (a)(10)(E) OR 

(F) of this section to obtain a Title V permit, the commissioner 

may, by permit or by order, limit ALL AGGREGATE potential emissions 

from such (premise] PREMISES to less than the following amounts : 

(A) [one] _ONE hundred (100) tons per year of any regulated 

air pollutant ; 

(B) [fifty] _FIFTY (50) tons per year of volatile organic 

compounds or nitrogen oxides, in a serious ozone 

nonattainment area ; 

(C)~ (twenty-five] _TWENTY-FIVE (25) tons per year of volatile 

organic compounds or nitrogen oxides_, in a severe ozone 

nonattainment area ; and 

(D) [in the aggregate, ten] _TEN (10) tons per year of any 

hazardous air pollutant, twenty-five (25) tons per year 

of any combination of hazardous air pollutants, or the 

quantity established by the Administrator under 40 CFR 

Part 63 . 

(2) [The] _A permit or order ISSUED PURSUANT TO THIS SUBSECTION shall 

require the owner or operator of (a] THE subject (premise] PREMISES 

to . 

(A) [limit] _LIMIT potential emissions at such (premise] 

PREMISES to less than the amounts specified in (the] 

subparagraphs (A) through (D), inclusive, of subdivision 

[(d)](1) of this subsection ; 
(B) [conduct] _CONDUCT monitoring, recordkeeping, or a 

combination of monitoring and recordkeeping sufficient to 

ensure compliance with (this subsection] SUCH PERMIT ; 

(C) (for each emission unit at such premise, maintain records 

indicating, for every month, throughput, hours of 

operation, and capacity ; 

(D)] [maintain any record] _MAINTAIN ALL RECORDS required by 

such permit or order at the [premise] PREMISES for five 

(5) years after the creation of such [record] RECORDS and 

make such [record] RECORDS available, upon request, to 

the commissioner ; 

[(E)I(D) [submit] _SUBMIT compliance certifications to the 

commissioner pursuant to subdivision (q)(2) of this 

section; AND 

((F)](E) [comply] _COMPLY with every term, emission 

limitation, condition, or other requirement of such 

permit or order, including the requirements that the 

terms, limitations and conditions of such permit or 

order are binding[,] and legally enforceable, and 

THAT THE emissions [to be] allowed are 

quantified[ ;] . 

(3) A permit or order shall not be issued pursuant to this 

subsection, and any such permit or order shall not be federally 

enforceable, unless the commissioner : 

(A) [requires] _REQUIRES the owner or operator of a subject 

[premise] PREMISES to comply with each provision of 

subdivision (2) of this subsection ; 

(B) (for] _FOR a general permit, complies with the 

requirements for notice and opportunity for public 

comment pursuant to section 22a-174(1)(2) of the [general 

statutes] CONNECTICUT GENERAL STATUTES ; 

(C) [for] _FOR an individual order, sends a copy of a notice 

to those listed in subparagraph (D)(i) through (vi), 

inclusive, of this subdivision, and, at least thirty (30) 

days before approving or denying a [draft] PROPOSED order 

under this subsection, publishes or causes to be 

published, at the respondent's expense, once in a 

newspaper having substantial circulation in the affected 

area, such notice of [his] THE [draft] PROPOSED order 

regarding the subject [premise] PREMISES . IN ADDITION, THE 

COMMISSIONER MAY REQUIRE THE OWNER OR OPERATOR TO PUBLISH 

SUCH NOTICE IN OTHER MEDIA AND IN LANGUAGES OTHER THAN 

ENGLISH_ Such notice shall contain the following : 

95 
(i) the name and mailing address of the owner or 

operator of the subject [premise] PREMISES and the 

address of the location of the proposed activity[ ;], 

(ii) the draft order number[ ;], 

(iii) the summary of the draft order provisions-regarding 

the proposed activity[ ;], 

(iv) the type of authorization sought, including a 

reference to the applicable statute or 

regulation[ ;], 

(v) a description of the location of the proposed 

activity and any natural resources affected 

thereby[ ;], 

(vi) the name, address and telephone number of any agent 

of the [respondent] OWNER OR OPERATOR from whom 

interested persons may obtain copies of the draft 

order[ ;], 

(vii) a brief description of all opportunities for public 

participation provided by statute or regulation, 

including the length of time available for 

submission of public comments to the commissioner on 

the draft order[ ; ] , and 

(viii) such additional information as the commissioner 

deems necessary to comply with any provision of the 

Regulations of Connecticut State Agencies or with 

the Act[ .] ; 

(D) [for an individual] _FOR A TENTATIVE DETERMINATION 

REGARDING A permit APPLICATION UNDER THIS SUBSECTION, 

OTHER THAN A GENERAL PERMIT, sends.a copy of the notice 

required by section 22a-6h of the [general statutes] 

CONNECTICUT GENERAL STATUTES to[ :] THOSE IDENTIFIED IN, 

AND AS REQUIRED BY, SECTION 22a-174-2a(b)(5)(A) THROUGH 

(G) INCLUSIVE, OF THE REGULATIONS OF CONNECTICUT STATE 

AGENCIES . 

[(i) the Administrator ; 

(ii) the Chief Executive officer of the municipality 

where the premise is or will be located; 

(iii) the appropriate Connecticut Regional Planning 

Agency ; 
(iv) any federally-recognized Indian governing body whose 

lands may be affected by emissions from the premise 

which is the subject of such permit ; 

(v) the Director of the air pollution control program in 

any affected state ; and 

(vi) any individual who makes a request to the 

commissioner, in writing, to receive such a notice . 

(E) In addition to any notice in accordance with subparagraph 

(B), (C) or (D) of this subdivision, the commissioner 

shall contemporaneously send a copy of the tentative 

determination, or draft order, to the Administrator and 

the Director of the air pollution control program in any 

affected state .] 

(4) Following receipt of a request for a public hearing pursuant to 

[subdivision (d)(3) this subsection] SECTION 22a-174-2a(c)(6) OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES, THE COMMISSIONER SHALL 

PUBLISH a notice of such public hearing [shall be published] AT THE 

OWNER OR OPERATOR'S EXPENSE in a newspaper of general circulation in 

the affected area at least thirty (30) days prior to such hearing . 

IN ADDITION, THE COMMISSIONER MAY REQUIRE THE OWNER OR OPERATOR TO 

PUBLISH SUCH NOTICE IN OTHER MEDIA AND IN LANGUAGES OTHER THAN 

ENGLISH . 

(5) The commissioner shall not issue any permit or order pursuant 

to this subsection which waives or makes less stringent any 

limitation, standard or requirement contained in or issued pursuant 

to the State implementation plan or that is otherwise federally 

enforceable, including any standard established in 40 CFR [Part] 63 

(6) The commissioner shall provide the Administrator with a copy of 

any general permit issued pursuant to this subsection . 

(7) Notwithstanding a permit or order issued pursuant to 

subdivision (d)](1) of this subsection, the owner or operator of any 

[premise] PREMISES subject to this section shall pay the 

[department] DEPARTMENT all fees required by section 22a-174-26 of 

the Regulations of Connecticut State Agencies . 

(8) Notwithstanding the provisions of section 22a-174(1) of the 

[general statutes] CONNECTICUT GENERAL STATUTES, the commissioner 

shall not issue a general permit covering a stationary source 

subject to any standard or other requirement pursuant to 40 CFR 

[Parts] 72 through 78, inclusive . 

(9) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR OF ANY PREMISES THAT IS SUBJECT TO A GENERAL PERMIT 

ISSUED UNDER THIS SECTION HAS NOT QUALIFIED FOR APPLICABILITY UNDER 
SUCH GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE A VIOLATION OF THIS 

SECTION AND SUCH OWNER OR OPERATOR SHALL BE DEEMED TO HAVE BEEN 

OPERATING A TITLE V SOURCE WITHOUT A TITLE V PERMIT . 

(10) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR'OF ANY PREMISES THAT IS SUBJECT TO A PERMIT OR ORDER 

ISSUED UNDER THIS SUBSECTION HAS NOT COMPLIED WITH THE TERMS OR 

CONDITIONS OF SUCH PERMIT OR ORDER, SUCH NONCOMPLIANCE SHALL BE A 

VIOLATION OF THIS SECTION AND SUCH OWNER OR OPERATOR SHALL BE DEEMED 

TO HAVE BEEN OPERATING A TITLE V SOURCE WITHOUT A TITLE V PERMIT . 

(11) THE COMMISSIONER SHALL SUBMIT THIS SUBSECTION FOR APPROVAL BY 

THE ADMINISTRATOR UNDER TITLE I OF THE ACT TO AUTHORIZE THE ISSUANCE 

OF FEDERALLY ENFORCEABLE STATE OPERATING PERMITS IN LIEU OF TITLE V 

PERMITS . ANY PERMIT ISSUED UNDER THIS SUBSECTION SHALL NOT BE 

DEEMED A TITLE V PERMIT . 

(e) MACT and Acid Rain Requirements . 

(1) [If the Administrator does not promulgate a MACT standard for a 

category of sources within eighteen (18) months of the federal 

deadline for promulgating a for such category of sources, the 

commissioner shall determine a MACT standard for such category of 

sources . The federal deadline for promulgating a MACT standard is 

as published in the Federal Register, Vo1 .58, No . 231, December 3, 

1993 .] IF THE ADMINISTRATOR FAILS TO PROMULGATE A MACT STANDARD FOR 

A CATEGORY OF SOURCES CONSISTENT WITH THE DEADLINE UNDER SECTION 

112(j)(2) OF THE ACT, THEN THE COMMISSIONER SHALL DETERMINE A MACT 

STANDARD FOR SUCH CATEGORY OF SOURCES . The commissioner shall 

determine such MACT standard in the same manner as IS required of 

the Administrator under section 112(d)(3)of the Act .' In no event 

shall such a standard allow emissions of any hazardous air pollutant 

[which emissions] THAT would exceed [those] THE EMISSIONS allowed by 

an applicable standard under 40 CFR [Part] 63 . 

(2) Within three (3) years of the commissioner's determination of 

[such] A MACT standard FOR A CATEGORY OF SOURCES or upon notice from 

the commissioner TO THE OWNER OR OPERATOR OF THE SOURCE, whichever 

is earlier, the owner or operator of a source with respect to which 

the commissioner has determined a MACT standard shall [assure that 

such source is in compliance] COMPLY with such MACT standard . 

(3) The owner or operator of a Title V source shall comply with the 

applicable provisions of 40 CFR [Parts] 72 through 78, inclusive . 

If ANY such provision [conflicts with or is not made a term or 

condition] IS STRICTER THAN A SIMILAR PROVISION of an applicable 

permit issued pursuant to this section, [such provisions shall 

nonetheless apply to such source .] THE STRICTER PROVISION SHALLPREVAIL . 

(f) Timetable For Submitting An Application For A Title V Permit . 
(1) The owner or operator of a Title V source which is subject to 

this section shall not be required to apply for a Title V permit 

before the implementation date of this section . After such date, 

the owner or operator of such a source shall apply for a Title V 

permit within ninety (90) days of receipt of notice from the 

commissioner that such application is required or by the date 

specified by such notice, whichever is earlier . If such owner or 

operator does not receive such notice, such owner or operator shall 

apply for such permit within nine C9) months of the implementation 

date of this section . 

(2) EXCEPT AS PROVIDED IN SUBDIVISION (3) OF THIS SUBSECTION, [The] 

THE owner or operator of a Title V source [which becomes subject to 

this section after its implementation date] shall apply for a Title 

V permit within ninety (90) days of receipt of notice from the 

commissioner that such application is required or twelve (12) months 

after becoming subject to this section, whichever is earlier . 

(3) The owner or operator of a Title V source which is subject to 

this section solely pursuant to a standard in [subparagraph (A) of 

subdivision (a)(15) of this section, if such standard became 

effective prior to July 21, 1992,] 40 CFR 60 OR 61, shall apply for 

a Title V permit within ninety (90) days of receipt of notice from 

the commissioner that such application is required [,or five (5) 

years after the implementation date of this section,whichever is 

earlier] OR AS PROVIDED FOR BY THE ADMINISTRATOR MAY ISSUE, 

WHICHEVER IS EARLIER . 

(4) The owner or operator of a PROPOSED MAJOR STATIONARY [Title V] 

source to whom a Title V permit has not been issued and who is 

required to obtain a permit [to construct pursuant to subparagraph 

(B) or (D) of section 22a-174-3(b)(1) of the Regulations of 

Connecticut State Agencies] UNDER SECTION 22a-174-3a OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES shall apply for a Title V 

permit [upon] WITHIN NINETY (90) DAYS OF RECEIPT OF notice from the 

commissioner that such Title V permit is required or within twelve 

(12) months of applying for [such] A permit [to construct] UNDER 

SECTION 22a-174-3a OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, 

whichever is earlier . 

(5) [The owner or operator of a Title V source who wishes to apply] 

APPLICATION for renewal of a Title V permit shall [apply therefor] 

BE MADE no later than [six (6)] TWELVE (12) months prior to the date 

of expiration of [such] THE TITLE V permit . 

[(6) Notwithstanding subdivisions (1) through (5) of this 

subsection, the owner or operator of a Title V source subject to 40 

CFR Parts 72 through 78, inclusive, shall submit an application to 

the commissioner by January 1, 1996 pertaining to the emission of 
sulfur dioxide and by January 1, 1998 pertaining to the emission of 

nitrogen oxides .] 

(6) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION, THE 

OWNER OR OPERATOR OF A TITLE V SOURCE SUBJECT TO 40 CFR 72 THROUGH 

78, INCLUSIVE, WHICH BECOMES SUBJECT TO THIS SECTION AFTER JANUARY 

1, 1998 SHALL SUBMIT A TITLE V APPLICATION TO THE COMMISSIONER 

WITHIN THE TIME PROVIDED BY 40 CFR 72 .30 OR WITHIN NINETY (90) DAYS 

OF RECEIPT OF NOTICE FROM THE COMMISSIONER THAT SUCH APPLICATION IS 

REQUIRED, WHICHEVER IS EARLIER. 

(g) TITLE V PERMIT Applications . 

(1)[(A)]An application for a Title V permit shall be made on forms 

provided by the (department] COMMISSIONER . The application shall 

(comply with subparagraphs (B) through (G) of this subdivision and 

with subdivisions (2), (3) and (4)of this subsection] CONTAIN THE 

FOLLOWING[ .] : 

[(B)](A) [The application shall identify the applicant's legal name 

and address, the name and agent for service of the owner of 

the subject source, if the applicant is not the owner,] THE 

LEGAL NAME AND BUSINESS ADDRESS OF THE APPLICANT AND OF THE 

APPLICANT'S AGENT FOR SERVICE OF PROCESS AND, IF THE 

APPLICANT IS NOT THE OWNER OF THE SUBJECT SOURCE, THE LEGAL 

NAME AND BUSINESS ADDRESS OF SUCH OWNER AND OF THE OWNER'S 

AGENT FOR SERVICE OF PROCESS, and names and telephone 

numbers of THE plant site manager and other individuals 

designated by the applicant to answer questions pertaining 

to such application[ .] ; 

[(C)](B)[The application shall contain all] ALL information 

required by section 22a-3a-5 of the Regulations of 

Connecticut State Agencies, including an executive summary 

[clearly and concisely summarizing the information 

contained in the application .] ; 

[(D)](C)[The application shall contain a] A compliance plan 

pursuant to subsection (i) of this section MEETING THE 

REQUIREMENTS OF 40 CFR 70 .5(c)(8), [and a statement 

certifying notification pursuant to subsection (1) of this 

section.] ; 

(D) A COMPLIANCE CERTIFICATION PURSUANT TO SUBSECTION (q)(2) OF 

THIS SECTION MEETING THE REQUIREMENTS OF 40 CFR 70 .5(c)(9) ; 

(E) [The applicant may apply for more than one alternative 

operating scenario for such source . For each alternative 

operating scenario, the applicant shall submit the] THE 

information required by this subsection FOR EACH 

100 
ALTERNATIVE OPERATING SCENARIO THAT THE APPLICANT HAS 

INCLUDED IN THE TITLE V PERMIT APPLICATION[ .] ; 

(F) [If the applicant has complied with section 22a-174-22 or 

22a-174-32 of the Regulations of Connecticut State 

Agencies, by an alternative means of compliance for 

nitrogen oxides or volatile organic compounds by order or 

permit or a certification, the application shall identify 

and describe] AN IDENTIFICATION AND DESCRIPTION OF ANY 

[each such] alternative means of compliance WITH SECTIONS 

22a-174-22 OR 22a-174-32 OF THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES ISSUED BY ORDER, PERMIT OR CERTIFICATION. 

In addition, a copy of such order, permit or certification 

shall be submitted with the application[ .] ; AND 

(G) [The application shall contain a] A certification pursuant 

to (subdivision (b)(4) of this] section 22a-174-2a(a)(5) OF 

THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 

(2) [An application for a Title V permit, for] FOR the purpose of 

determining the applicability of this section pursuant to subsection 

(c) of this section, to impose any applicable requirement, or to 

determine compliance with any applicable requirement, AN APPLICATION 

FOR A TITLE V PERMIT shall provide the following information about 

the subject TITLE V source : 

(A) [for] FOR each alternative operating scenario proposed, a 

description of the processes utilized, the standard 

industrial classification code, [identify] IDENTIFICATION OF 

each emission unit involved, as well as its throughput, 

hours of operation and capacity [of each such emission 

unit,] for [any] THE calendar year prior to the YEAR OF 

application or such other time period as the commissioner 

deems appropriate ; 

(B), [for] FOR each regulated air pollutant emitted or proposed 

to be emitted by the subject source, the amount of potential 

and actual emissions from such source during the TIME PERIOD 

SPECIFIED IN SUBPARAGRAPH (A) OF THIS SUBDIVISION [calendar 

year preceding the date of the application or during such 

other time period as the commissioner deems appropriate] ; 

such emissions shall (include fugitive emissions to the 

extent quantifiable, and shall] be expressed in tons per 

year and in such terms as are necessary to demonstrate 

compliance with the applicable standard reference test 

method, if any; 

(C) [the] THE methodology used by the applicant to quantify 

EMISSIONS, in such terms as are necessary to determine 

compliance with the applicable standard reference test 

method, if any, the potential and actual emissions referred