# STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Statementof Reasons Pursuant to Connecticut GeneralStatutes Section 4-168(d)



## HEARING REPORT November 14, 2001



## AmendmentoftheRegulations ofConnecticutState Agencies Concerning

.theAdoption ofSection 22a-174-2a -Procedural Requirements for New Source Review

and Title VPermitting; Section 22a-174-3a -Permit to Construct and Operate Stationary Sources; Section 22a-174-3b -Exemptions fromPermitting for Construction and Operation ofExternal Combustion Units, Automotive RefinishingOperations, Nonmetallic Mineral Processing Equipment and Surface CoatingOperations; andSection 22a-174-3c -Limitations on Potential to Emit for External Combustion Units,Automotive Refinishing Operations, Emergency Engines, Nonmetallic Mineral Processing Equipmentand Surface CoatingOperations

and the Revisionof Section 22a-174-1- Definitions; and Section 22a-174-33 - Title VSources

and the Deletion of Section 22a-174-2 - Registration Requirements for Existing Stationary Sources ofAir Pollutants; and Section 22a-174-3 - Permits to 

## Construct and Permits to Operate Stationary Sourcesor Modifications

Co-Hearing Officers: ChristopherJames, Director, Planning &Standards Division, Bureau ofAir Management Tracy Babbidge,Acting Assistant Director, Planning &Standards Division, Bureau ofAir Management
Hearing Dates September 5, 20©1

(Printed on Recycled Paperj 79 Elm Street " Hartford, CT 06106 - 3127

http:lJdepatsce.ct.= An Equal Opportunity Ensploysr

# STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Statement ofReasons Pursuant to Connecticut General Statutes Section 4-168(d)



## HEARINGREPORT
November 14, 2001



### Amendment of the Regulations of Connecticut StateAgencies Concerning-the Adoption of Section 22a-174-2a - Procedural Requirements for New Source Review

and Title VPermitting; Section 22a-174-3a - Permit to Construct and Operate Stationary Sources; Section 22a-174-3b - Exemptions fromPermitting 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 VSources

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: ChristopherJames, Director, Planning &Standards Division, Bureau ofAir Management Tracy Babbidge, Acting Assistant Director, Planning &Standards Division, Bureau of Air Management
Hearing Date: September 5, 2001

( Printed on Recycled Paper ) 79 ElmStreet " Hartford, CT 06106 - 5127

http://dep.state.ct.us An Equal Opportunity Employer

### Table ofContents page

I

. Introduction

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 II

. Administrative Requirements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 A

. Hearing Report Content

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B

. Adoption ofRegulations 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 ofthe Proposed Regulations

. . . . . . . . . . . . . . . . . . . . . . . 3 C

. Summary ofthe 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 ofGeneral Comments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 A

. B

. Department's Response to General Comments on the Proposed Regulations

.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 VII

. Summary ofSpecific 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 ofthe 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 ofthe Department ofEnvironmental Protection (Department) published a notice ofintent to adopt, revise and repeal State air quality regulations, revise the State Implementation Plan (SIP) forAir Quality and revise the State Title Voperating permit program
. The public hearing concerned eight sections ofthe Regulations ofConnecticut StateAgencies (R .C.S.A .), described further below

. These regulations implement two federal programs as required by thefederal CleanAirAct (CAA)

. Theseprograms are the new source review (NSR) pre-construction review program andthe TitleVoperating permits program(Title V)

. The United States Environmental Protection Agency (EPA) granted interimapproval to the Department of Environmental Protection (DEP) to implement the Title Vprogramin "Clean AirAct Interim

Approval ofOperating Permits Program ; Delegation ofSection 111 and 112 Standards; State ofConnecticut," Proposed Rule, 61 Fed

. Reg

. 64651 (December 6, 1996) finalized by EPAat 62 Fed

. Reg

. 13830 (March 24, 1997) (hereafter, EPA'sTitleVInterim Approval)

. The EPA's Title VInterim Approval identified approximately thirty issues that DEPmust address before EPAwill convert the interimapproval to afull approval

. DEPnow, pursuant to EPA'sTitle VInterim Approval, proposes to revise the state TitleVoperating permit program

regulations consistent with the EPA'sTitle VInterim Approval in order to obtain final approval ofthe operating permits programas mandatedby the CAA

. Pursuant to such notice, a public hearingwas held on September 5, 2001 in the Phoenix Auditoriumat 79 Elm

Street Hartford, Connecticut

. The public comment period forthese proposed regulations closed on September 7, 2001 at 5p.m
. This report addresses only comments received by theclose ofthe public comment period

. The Department received a number ofcomments aftertheclose ofthe public comment period; this report does not individually address them

. However, this report addresses such comments to theextent such comments are similar to comments received before the close ofthe public comment period

. Some ofthe 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 finalwordingofthe proposed amendments to the R

.C.S.A

. ; astatement ofthe principal reasons in support ofthe Department's proposed action; astatement ofthe principal reasons in opposition ofthe Department's proposed action and the reasons for rejecting such comments; andasummary of all comments and responses thereto on the proposed action

. Thosewhoprovided 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 ofthe proposed regulations that differ fromapplicable federal standards and procedures

. In addition, the Department has entered asupplemental document into the regulation-making record required underTitle 4, Chapter 54ofthe C .G.S

. that explains wherethe proposed statestandards orprocedures differ fromapplicable federal standards or procedures

. Whilethe Department received numerous comments on its interpretation ofC

.G.S

. § 22a-6(h), such comments were beyond the scope ofthe proposed regulations and are not addressed in this report

. III

. Background, Summaryand Text ofthe Proposed Regulations A

. Background
The Department is vested with thestatutory authority necessary to formulate, adopt and amend regulations to control andprohibit airpollution within Connecticut

. (See C.G .S

. §§ 22a-6and 22a-174)

. In addition to theexisting Statestatutory authority, TitleVofthe CAA, as amended (42 USC7661 etseq.), requires Connecticut to developan operatingpermit programandsubmit it to EPAfor approval

. EPAhas promulgated rules that define the minimum

elements ofan approvable state operating permit program and thecorresponding standards and procedures by which EPAwill approve, oversee, andwithdrawapproval of state operating permitprograms
. See 57 Fed

. Reg

. 32250(July 24, 1992)

. These rules are codified at 40 Code ofFederal Regulations (CPR) Part 70

. Furthermore, the State is required to adopt a SIP to require permits for theconstruction andoperation of new ormodified major stationary sources undersections 172 and 173 ofthe CAA

. EPAhasalso promulgated rules that define the minimum elements ofan approvable new source reviewprogram
. These rules are codified at 40 CFR51 .165 and 51 .166

. B

. Developmentofthe Proposed Regulations The informal public outreach for the regulatory packagewas extensive

. In 1997 thepackage consisted ofdraft sections 22a-174-2a and 22a-174-3a andamendments to sections 22a-174-1 and 22a-174-33 ofthe R .C.S.A

. Draft sections 22a-174-3b and 22a-174-3c ofthe R .C.S.A were introduced in 2001 but manyoftheconcepts were already familiar as they were embodied in existing general permits

. The Department took steps to involve stakeholders in the development ofthe proposed regulations

. The Department established asubcommittee oftheState Implementation Plan Revision Advisory Committee (SIPRAC) to focus on thedevelopment ofregulations to revise the NSRandTitleVprograms within Connecticut

. The SIPRACsubcommittee was open to all interested persons andopen meetingswere held bythe SIPRACsubcommittee through 1997 and 1998 on the regulatory packagedescribed above: Dueto other regulatorypriorities within the Department such as thedevelopment ofregulations in response to EPA's NOx SIP call and Governor John G

. Rowland's Executive Order No

. 19, this regulatory packagewas not actively pursued again until the fall of2000

. Additional resource constraints dueto state budgetary directives also prolongedthedevelopment ofthese proposed regulations

.

### Most recently the SIPRACsubcommittee 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 ofregulations, and various technical issues

. C

. Summaryofthe Regulations as Proposed for Public Hearing
1

. RC

.S.A

. section 22a-174-1- Definitions

. This amendment consolidates into one section the definitions ofterms that are used in multiple sections ofthe regulationsfor the abatement ofairpollution

. This amendment also clarifies and streamlines existing definitions pertaining to federal programs and requirements implementedby the DEP

. 2

. R

.C .S.A

. section 22a-174-2 - Registration requirements for existing stationary sources of air pollutants

. The provisions ofthis section are obsolete and proposed for repeal

. 

### 3

. R .C.S.A

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

. Like the proposed amendment to section 22a-174-1 ofthe RC .S.A ., this amendment addresses a number ofissues raised in EPA's Title VInterim Approval

. This amendment establishes a minor permit revision procedure for holders ofTitleVoperating permits

. Such procedures meet the requirements set forth in 40Code ofFederal Regulations (CFR) 70.7(e)(2) by providing adequate, streamlined and reasonable procedures for expeditiously processing TitleVpermit modifications

. This amendmentalso consolidates many procedural requirements that must be met prior to the issuance ofnew source reviewpermits under proposed new section 22a-174-3a ofthe R .C.S.A

. andthe amendedTitle Voperating permits under section 22a-174-33 ofthe R

.C.S.A

. 4

. R .C.S.A

. section 22a-174-3 - Permits to construct and permits to operate stationary sources or modifications

. Theprovisions ofthis sectionare proposed for repeal and replacement by section 22a-174-3a ofthe 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 VInterimApproval regarding the requirement that the state adopt a federal program, pursuant to section 112(g) ofthe CAAand 40 CFR63, Subpart B, for the pre-construction review ofnew or reconstructed sources offederally listed hazardous air pollutants (HAPs)

. As part ofsuchpre-construction review, the DEPwill be authorized to establish maximum achievable control technology requirements to limit HAP emissions fromsources for which the EPAhas not issued anycontrol requirements

. In addition to establishment ofa programpursuant to section 112(g) ofthe CAA, this amendment reconciles certain applicability provisions under which some sources arerequired 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 forwhichastate specific airpollution control permit isrequired at a level of 15 tons per year ofpotential emissions

. Because the state permit threshold is more stringentthan thefederal program, this amendmentalso provides for an exemption fromthe requirement to obtain a new source reviewpermit 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 frompermitting for construction and operation ofexternal combustion units, automotive refinishing operations, emergency engines, non-metallic mineral processing equipment and surface coatingoperations

. This new section establishes practicably enforceable emission limitations and operational restrictions for several source categories

. Compliance with theemission limitations andoperational restrictions will limit theactual emissions ofthese small stationarysources to levels forwhichan individual permit under R .C.S.A

. section22a-174-3a will not be required in most cases
. This sectionalso establishes record keeping ripquirements appropriate for thesesmall stationarysources to demonstrate compliance with theapplicable standards

. Several provisions ofthis proposed regulation will be submitted to EPAto address a portion ofthe EPA-identified emission reduction shortfall of 4

.9 tons per dayofvolatile organic compounds and 0 .4tons per dayofnitrogen 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, emergencyengines, non-metallic mineral processing equipment andsurface coating operations

. This new section establishes limitations on potential emissions forasubset ofthesources that maybe operated under RC .S.A

. section 22a-174-3b

. Owners andoperators ofequipmentat facilities with premises-wide fuel, coating andsolvent purchase levels, as applicable, below the limits specified in the sectionwould 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-TitleVSources

. This amendment addresses the remainder ofissues raised in EPA'sTitleVInterim Approval

. This amendment deletes several definitions that areadded to thegeneral definition section ofthe regulations for theabatement of airpollution (see discussion ofsection 22a-174-1 ofthe R .C.S.A., above)

. This amendmentalso deletes several procedural requirements that are incorporated in new section 22a-174-2a ofthe R .C.S.A

. concerningprocedural requirements fornew source review

andTitleVpermitting

. (See discussion ofsection 22a-174-2a ofthe R .C.S.A

. above.) These deletions are located in the following subsections: (a) definitions, (b) signatory responsibilities, (0notices, (m) public hearings, (r) modifications (except for operational flexibility andoffpermit 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 airpollution 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 allowor 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 NEWYORK, 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 FROMA 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 StatesEnvironmental 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 .166 ( 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 maybe 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 FROMA 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 FORMOF DIOXIN EMISSIONS TEF monochlorodibenzodioxin 0
dichlorodibenzodioxin 0

11Table 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

12Table 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 airpollutants 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 FROMA 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

18available 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

20limit 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 streamAT 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 NEWSOURCE 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 FROMA 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 IFSUCH 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 NEWSOURCE REVIEW PERMIT ; AND (B) SECTION 22a-174-2a(d)(4) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES,FOR ANY TITLE V PERMIT

. [ (61)] (76) "Offset 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 viewof 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 ORSTATUTE 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

29technology 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 newSTATIONARY 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, NewMilford, 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 belowwhich 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

32Table [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 (C4F90CH3) ( (CF3) ZCFCFZOCH3)

33Table [1 (a) -1] 1-2 Exempt Volatile Organic Compounds 1-ethoxy-1,1,2,2,3,3,4,4,4- 2-(ethoxydifluoromethyl)- nonafluorobutane ( CqF90C2H5) 1, 1, 1, 2, 3, 3, 3 -heptafluoropropane ( ( 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 ofConnecticut State Agencies are amended by deleting section 22a-174-2

. Sec

. 3 The Regulations ofConnecticut StateAgencies 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 newmajor 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 newmajor 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

40commissioner 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) NewSource 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 reviewnonminor 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

41section 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 newsource 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

42opportunity 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 newsource reviewnon-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 newsource reviewpermit 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) NewSource Reviewand Title V Minor Permit Modification (1) The permittee of any source that is subject to a newsource 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 newsource reviewminor 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, orotherwise 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 newsource 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

48procedures, 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 newsource reviewpermits 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 ofConnecticut StateAgencies areamended by deleting section 22a-174-3

. Sec

. 5 The Regulations of Connecticut StateAgencies 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 ofany stationary source or

modification not otherwise exempted in accordance with subdivision (2)(A) through (C) of this subsection, the owneror operator shall apply for and obtain a permit to construct and operate under this sectionfor any : (A) New

majorstationary source; (B) Major modification; (C) New

or reconstructed major source ofhazardous airpollutants subject to the provisions ofsubsection (m) ofthis section ; ) New

emission unit with potential emissions offifteen (15) tons or more per year ofany individual air pollutant; (E) Modification to an existing emission unit which increases potential emissions ofany individual air pollutant from such unit by fifteen (15) tons or more per year; or (F) Anystationary source ormodification that becomes a major stationary source or majormodification solely by virtue ofa relaxation in anyenforceable limitation whichwas established afterAugust 7, 1980, on the capacity ofthe source or modification otherwise to emit apollutant

. (2) ~ Exemptions

. Notwithstanding the provisions ofsubdivision (1) ofthis subsection, the owner or operator ofastationary source ormodification mayconduct activities listed in subdivision (2)(A), and mayconstruct or operate thesources listed in subdivision (2)(B) and (2)(C) ofthis section, without apermit under this section: (A) Anyactivity that: (i) constitutes routine maintenance, repair, orreplacementat a stationary source, (ii) adds airpollution control equipment unless theaddition results in an increase in actual emissions ofanyindividual air pollutant offifteen (15) tons or more peryear, or ten (10) tons or more per year ofa hazardous air pollutant subject to the provisions ofsubsection (m) of this section, (iii) relocates aportable rock crusherwhich is subject to apermit or exemption letter issued by thecommissioner underformersection 22a174-3 Regulations ofConnecticut State Agencies, orwhichis registered under a general permit for such sources issued bythe commissioner undersection 22a-174(~ ofthe Connecticut General Statutes, provided the owneror operator is in compliance with anysuch

### permits and provides written notice to the commissionerprior to such relocation, (iv) constitutes a conversion fromfuel 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 peryear, unless such conversion results in reconstruction; or (v) constitutes a conversion fromresidual fuel oil to distillate fuel oil, or in addition to residual fuel oil, provided such conversion does not increase actual emissions ofany individual airpollutantby fifteen (15) tons or more peryear, unless such conversion results in reconstruction

. (B) Anystationary source that is: (i) registered under and is in compliance with any new source review general permit to construct andoperate anew or existing stationary source issuedpursuant to section 22a-174(~ofthe Connecticut General Statutes, (ii) astripping facility used to remove VOCfromcontaminated groundwater or soil pursuant to an order issued by thecommissioner, provided such facilityhas acontrol device with VOCremoval efficiency ofat least ninety-fivepercent (95%), (iii) a portable engine or boiler temporarily replacing an existing engine or boiler, provided that the number ofdays total that any andall such portable engines or boilers maybe used does not exceed ninety (90) days in anycalendar year and does not contribute to aviolation ofa National AmbientAir Quality Standard, or (iv) in compliance with section 22a-174-3b or Section 22a-174-3c ofthe Regulations ofConnecticut StateAgencies, unless otherwise subject to this section pursuant to subdivisions (6) or (7) ofthis subsection; 

### (C) Any: (i) mobile source, or (ii) source subject to 40 CFRPart 89

. (3) In determining the applicability ofsubsections (k) or (0ofthis section, the owneror operator maydeterminethe net emissions increase

. However, the net emissions increase shall not be used determining theapplicability of-

. (A) This section to any minor source or modification; or

### (B) Subsection (j) ofthis section

.

(4) This section and section 22a-174-2a ofthe Regulations ofConnecticut StateAgencies shall applyto any stationary source or modification forwhich a permit application under former section 22a-174-3 ofthe Regulations ofConnecticut StateAgencies was filed prior to the effective date ofthis section, and forwhicha permit has yet to be issued or denied

. (5) Anypermit modification orpermit revision to a pen-nit issued under this sectionshall be made as required in, and in accordance with, the provisions ofthis section and section 22a174-2a ofthe Regulations ofConnecticut StateAgencies

. (6) Todetermine theapplicability ofsubdivision (1)(B) ofthis subsection, pursuant to the de minimis rule under section 182(c)(6) and (f) oftheAct, the owneror operator of a major stationary source shall make and keep records ofactual VOCand NOx emission increases and decreases at such source including emission increases below fifteen (15) tons peryear ofany individual air pollutant

. (7) To determine ifthe net emission increase ofa modification exceeds the major source threshold levels andis subject to subsection (k) ofthis section, the owneror operator shall make and keep records ofactual emissions increases anddecreases including those below fifteen (15) tons per year, overthe five (5) consecutive calendar years precedingthe completion ofconstruction

. (8) Anypermit issued under former section 22a-174-3 ofthe Regulations of Connecticut StateAgencies shall remain in full force and effect unless otherwise determined by the commissioner

. (b) Authorized activities prior to permit issuance (1) The owneror operator ofastationary source ormodificationwho is required to obtain a permit or non-minorpermit modification under the provisions ofthis sectionmay, prior to obtaining such permit: (A) Enter into bindingagreements or contractual obligations to undertake construction ofthe proposed stationary source or modification forwhicha permit is required; and ) Beginsite clearing activities

. (2) The owneror operator ofastationary source ormodification whomust obtain a permit or non-minorpermit modification under the provisions ofthis section, shall not beginactual construction before permit issuance

. Such construction activities include, but are not limited to, thefollowing activities whichare specificallyrequired for construction ofthe proposed stationary source or modification: (A) Excavating, blasting, removing rock and soil ; or

### (B) Installing footings, foundations, retainingwalls, or permanent storage structures

. (c) Applications (1) Theowner or operator ofa stationary source ormodification subject to the provisions ofthis section shall apply for a permit on forms provided by thecommissioner

. All permit applications shall include: (A) An executive summaryand all other information requiredby section 22a-3a-5 ofthe Regulations ofConnecticut StateAgencies

. The executive summary shall summarizethe information contained in the application; ) Background information, including, butnot limitedto, theaddress ofthe premises, the legal name and business address ofthe applicant andofthe applicant's agent for service ofprocess and, iftheapplicant is not the owner of the subject source, the legal name and business address ofsuch owner and of the owner's agentfor service ofprocess, the names and telephone numbers of the plant or site manager and anyother individual, such as an engineer or consultant, designated bythe owneror operator to answer questions pertaining to such application, including but not limited to, the siting ofthe subject stationary source ormodification; (C) The premises' site plan, including: a linear scale and northarrow, the plot plans depicting existing and proposedbuilding locations, building dimensions, the legal boundaries oftheproperty, stack locations, location ofthe subject stationary source ormodification on the premises, final gradeelevations for all structures located on the premises, andaUnited States Geological Survey topographic quadrangle map identifying the latitude and longitude ofthe subject stationary source or modification; (D) Technical information, including, but not limitedto: (i) descriptions ofequipment, processes, air pollution control equipment, stack, fuels, process materials to be used, and process flow diagrams, (ii) a completedpre-inspection questionnaire, ifrequestedby the commissioner, whichdescribes theequipment, processes and materials used, (iii) thetype, size, and efficiency ofcontrol equipment, and (iv) the date, or proposed date, for commencement ofconstruction ofthe subject stationary source or modification;

### (E) Therate ofemissions for individual air pollutants fromthe subject stationary source or modification

. To calculate the rate ofemissions, the owneror operator shall usedata fromone or more ofthe following, unless the commissioner determines otherwise:



### ) (i) a continuous monitoring systemwhich has been certified by the

commissioner, provided that such data may be takenfromasource similar to that forwhich a permit is sought, (ii) stack testing data, provided such testingwas conducted in accordance with protocols preapproved by the commissioner in writing and such test was observed by department staff ; andfurther provided that such data may be taken fromasource similar to that forwhich apermit is sought, (iii) material balances conducted by an individual with knowledgeofthe subject process, (iv) data from

the "Compilation ofAir Pollutant Emission Factors (AP-42)" as published by the Environmental Protection Agency, (v) acalculationsubmitted to the commissioner, or 

### (vi) manufacturer's data submitted tothe commissioner; Pursuant to subsection (j) ofthis section, proposed best available control technology (BACT) determination, including, but not limited to, an anal.ysis, as required by subsection (j) ofthis section, ofthe amount ofemission reduction achievable through the useof BACT; (G) For anystationary source or modification subject to subsection (1) ofthis section, the proposed lowest achievable emission rate (LAER) determination, including an analysis ofthe proposed LAER for each air pollutant, as required by subsection (1) ofthis section

. Such analysis shall include the amount of emission reduction achievable through the useof LAER ; )

(I) For anystationary source or reconstruction subject to subsection (m) ofthis section, the proposed maximum achievable control technology (MACT) determination, as required by subsection (m) ofthis section; Ifthe premises is a major stationary source, for the purposes ofdetermining compliance with subdivisions (a)(6) and (7) ofthis section, a summaryofthe potential emissions fromthe new subject stationary source or modification and actual emissions fromexisting stationary sources locatedat the premises over the preceding five (5) consecutive calendar years;

### (J) Compliance information pursuant to and required by section 22a-6m ofthe Connecticut General Statutes; (K) Certification in accordance with section 22a-174-2a ofthe Regulations of Connecticut StateAgencies; and (L) All application fees required by law

. (2) The commissioner mayrequire the owneror operator ofthesubject stationary source ormodification 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 thereofto ensure compliance with the regulations adopted pursuant to section 22a-174 ofthe Connecticut GeneralStatutes andtheAct

. (2) Apermit orpermit renewal shall notbe issued unless thecommissioner determines, upon evidence submitted by the owneror operator or otherwise made part ofthe record, that the owner or operator ofthesubject stationary source or modification shall comply with the applicable provisions ofsubdivision (3) ofthis subsection

. (3) Before issuance ofa permit or permit modification, the owneror operator shall demonstrate, to the satisfaction ofthe commissioner, that, with respect to theconstruction and operation ofthesubject stationary source or modification, the owneror operator shall : (A) Construct andoperate such stationary source ormodification in accordance with the permit, andoperatesuch stationary source or modification in accordance with all applicable and relevant emission limitations, statutes, regulations, schedules for stack tests, andother order ofthe commissioner

. In theevent a conflict exists betweenthe permit andanother state or federally enforceable statute, regulation or order ofthecommissioner, the most stringent provision shall apply

; ) Operatesuch stationary source or modification without preventing or interferingwith the attainment or maintenance ofany applicable ambientair quality standards or any Prevention ofSignificant Deterioration increments under subsection (k) ofthis section; (C) Operatesuch stationary source or modification without preventing or interferingwith the attainment or maintenance ofany National AmbientAir Quality Standard in any other state andwithout interferingwith the application ofthe requirements in any other state's implementation plan, adopted under section 110oftheAct;

### (D) Operate such stationary source or modification in accordance with all applicable emission standards andstandards ofperformance under 40CFR Parts 60, 61, and 63, as maybe amendedfromtime to time; (E) Install :

) (i) sampling ports ofasize, number and location as the commissioner may

reasonably require, (ii) instrumentation to monitor and record emission and other parameter data as the commissioner mayrequire, and

. (iii) such other sampling andtesting facilities as thecommissioner may require; As thecommissioner mayrequire, conduct stack tests at theexpense ofsuch owneror operator, in accordance with subsection (e) ofthis section, and in accordance with permit conditions and methods prescribed bythe commissioner

. Such stack tests shall demonstrate, to thecommissioner's satisfaction, that the requirements ofeach and everyapplicable permit or order ofthe commissioner for such stationary source or modification are being met andthat such stationary source or modification complies with the Regulations ofConnecticut StateAgencies andfederal requirements; (G) Payall fees required bythe Department within forty-five (45) days ofreceipt ofa tentative determination ofthecommissioner; )

(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) ofthis 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 ofthis 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) ofthis section ; As required bythecommissioner, install monitoring equipment andperform monitoring to demonstrate compliance with any permit provision

. Such monitoring mayinclude, but not be limited to, continuous emissionmonitoring (CEM); (L) Providethecommissionerwith current informationregarding air pollutant emissions fromsuch stationary source or modification, and in accordance with

### thecommissioner's request, submit updated and current information regarding air pollutant emissions fromanyother stationary sources located on the applicable premises; ) Comply with anyapplicable maximum allowable stack concentration or other emission limitation of section 22a-174-29ofthe Regulations ofConnecticut StateAgencies, as maybe amended ; Demonstrate that theemission limitation required ofsuch stationary source or modification for thecontrol ofany air pollutant shall not be affected by that portion ofthestack height ofsuch stationary source or modification that exceeds good engineering practice stack height or by anyother dispersion technique; (O) Comply with an approved operation and maintenance plan submitted pursuant to subsection (c)(2) ofthis section; )

(Q)
) Have completedandsubmitted, on forms prescribed by thecommissioner, a pre-inspection questionnaire, ifrequested 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 Complywith the applicableprovisions ofthis section and anyother applicable regulations, permits or orders ofthecommissioner for such stationary source ormodification

. (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) ofthe Regulations ofConnecticut StateAgencies

. (e) Emission Testing (1) The permit mayrequire thatthe owneror operator conduct emission (stack) testing to assure compliance with the permit terms andconditions in accordance with this subsection andsection 22a-174-5 ofthe Regulations ofConnecticut State Agencies

. (2) Emission tests shall be conducted in a manner acceptableto andapproved by the commissioner

. The owneror operator shall provide the results ofanyemission test in aform satisfactory to thecommissioner

. Thecommissioner shall have theopportunityto observe all emission tests or the results ofanysuch tests maybe disapproved by thecommissioner

. (3) Based upon emission test results, thecommissioner may modify, revise, or revoke a permit in accordance with subsection (f) ofthis section

.

## (t) Modification, revision, or revocation ofa permit

(1) The commissioner maymodify, revise, orrevoke a permit in accordance with this section, section 22a-174-2a ofthe Regulations ofConnecticut StateAgencies, and sections 4- 182 and 22a-174c ofthe Connecticut GeneralStatutes

. (2) The commissioner maymodify, revise or revoke anypermit ifthe owner oroperator: (A) Has not commenced construction authorized by the permit within eighteen (18) months fromthedate ofissuance, 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 bythe permit within twenty-four (24) months fromthecompletion ofconstruction, or such otherperiod as the permit provides, whicheveris later

. (3) Thecommissioner may modify or renew on his owninitiative, any permit iftheowner or operator:



### (g) (A) Hasfailed to comply with any applicable regulation; or (B) Has a permit for an incinerator orresources 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 ofthe Regulations ofConnecticut StateAgencies, respectively

. (2) Anyminor permit modification to a permit issued pursuant to this section shall be made in accordance with subsections (e)(1), (3) and (4) ofsection 22a-174-2a ofthe Regulations ofConnecticut StateAgencies, respectively

. (3) Anyrevision to a permit issued pursuant to this section shall be made in accordance with section 22a-174-2a(f) ofthe Regulations ofConnecticut StateAgencies

. (h) Duty to Comply ~ An owneror operator shall comply with the permit or modification thereto issued by the commissioner under this section

.

### (i) AmbientAir QualityAnalysis

(1) An applicationfor a permit subject to this subsection, ifrequested to be provided undersubsection (c)(2) ofthis section, shall containan analysis oftheeffect ofthe pollutants listed in Table 3a(i)-(1) below

. Forthe purposes ofthis subsection, theallowable emissions ofan airpollutant will be deemed to have asignificant impact on air quality ifsuch 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

AIRPOLLUTANT AMBIENTIMPACT (M ICROGRAMS PERCUBICMETER PM1o Annualaverage 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) ofthe 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) Anyperson who makes estimates ofambientair qualityimpactsshall useapplicable air quality models, databases or other techniques approved by thecommissioner

. The commissioner mayrequest anyowneror operator to submit an ambientair quality impact analysis using applicable air qualitymodels andmodeling protocols approved bythe cornmissioner

. 

## G) (1) Best Available Control Technology (BACT)
An owneror operator shall incorporate BACT for:

### (A) Each major stationary source with potential emissions ofa regulated air pollutant above the significant emission rate thresholds in Table 3a(k) -1 of subsection (k) ofthis section; ) Each major modification with net emission increases ofa regulated air pollutant above thesignificant emission rate thresholds in Table 3a(k) -1 of subsection (k) ofthis section

. This requirement applies to each individual emission unit that is being modified as part ofsuch majormodification; (C) Each new

emission unit with potential emissions offifteen (15) tons ormore peryear ofany individual air pollutant; and (D) Each modification to an existing emission unit which increases potential emissions ofany individual air pollutant fromsuchunit by fifteen (15) tons or more peryear

. (2) Theowner or operator: (A) Shall make and submit to thecommissioner forwritten approval a BACT analysis for each airpollutant subject to subdivision (1) ofthis subsection, including but not limited to, secondaryand cumulative impacts andcost estimates ofall control options, or the useofinnovative technology

. (B) Shall install BACT as approved bythecommissioner

. (3) The commissioner's review and written approval regarding BACT or the use of innovative technology shall be conducted prior to the issuance ofthe permit andprior to beginning actual construction

. (4) Notwithstandingany permit for a new source ormodification under this subsection thecommissioner mayrequirefor the phased construction projects that the permittee resubmit for review

and approval a BACT analysis prior to the commencement ofeachphase ofthe construction

. (5) Prior to commencing construction, including eachphase ofphased construction, the owneror operator may be required bythe commissioner to demonstrate the adequacy of the technology used pursuant to any previous BACT determination

. (6) In determiningwhether to approve BACT, the commissioner shall : (A) Take into account anyemission limitation, including anyvisibleemission standard, whichis achievable under any permit limitation or anystack test demonstrationacceptable to thecommissioner; (B) Consider a previous BACT approval for asimilar or a representative type of source; and

### (C) If thecommissioner determines that technological or economic limitations on theapplication ofmeasurement methodologyto a particular class ofsources would make the imposition ofan emission standard infeasible, the commissioner mayprescribe adesign, equipment, work practice or operational standard, or combinationthereof, to satisfy the requirement for the application of BACT

. Such standard shall, to thedegree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, work practice or operation andshall provide for compliance by means whichachieve equivalent results

. (7) In determiningwhether to approve BACT, the commissioner shall take into account energy, economic and environmental impacts, including secondary andcumulative impacts, and other costs

. (8) In noevent shall the application of BACT result in: (A) Emissions ofany pollutant whichwouldexceed the emission allowed by an applicable standard under 40CFRParts 60and 61, andany State Implementation Plan limitation; ) The use ofoffsetting emission reductions to meet the commissioner's approval ofBACT; or (C) The use ofa net emissions increase to meet thecommissioner's approval of BACT

. (9) The commissioner mayallow the use ofinnovative technology as BACT, in accordance with 40 CFR52.21(v), provided that Administrator means commissionerfor the purposes ofthis provision

. Theowneror operator shall demonstratethat the proposed innovative technology will complywith 40 CFR52.21(v), providea net air qualitybenefit, and meet at least two (2) ofthe following criteria: (A) Improves the process or operation ofexisting equipment; (B) Requires the useof new equipment or air pollution control technology; (C) Reduces localized impacts ofany individual air pollutant; or (D) Implements principles ofpollution prevention or environmental management systems

. (k) Permit Requirements for Attainment Areas: Prevention of Significant Deterioration ofAir Quality (PSD) Program

### (1) The provisions of this subsection apply to the owner or operator of a newmajor

stationary source which emits a criteria air pollutant and is located in an attainment area or unclassified area for such pollutant

. (2) The provisions ofthis 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 ofthis 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 ofthis subsection; and (B) A net emissions increase that is equal to or greater than the significant emission rate thresholds in Table 3a(k)-1 ofthis 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 ofmore than twenty-five (25) tons but less than forty (40) tons peryear
. (4) The owner or operator of a new majorstationary source or major modification subject to this subsection shall install BACT as approved by the commissioner in accordance with subsection (j) ofthis section

. (5) Ambient Monitoring (A) The permit applicationshall containan analysis ofthe effect on ambient air quality in thearea ofthe subject source or modification, ofthe following pollutants: (i) those that have allowable emissions in excess ofthe amount listed in Table 3a(k)-1 ofthis subsection, (ii) those listed in section 22a-174-24ofthe Regulations ofConnecticut

, StateAgencies, or

) (iii) thosewhichare subject to a National AmbientAir Quality Standard; For anypollutant forwhichaNational AmbientAir Quality Standard does not exist, theanalysis shall containsuch air quality monitoring data as the commissioner determines is necessary to assess ambient air qualityforthat pollutant in anyarea that such pollutant mayaffect; (C) For any pollutant (other than nonmethane hydrocarbons) forwhich a National AmbientAir Quality Standard exists, theanalysis shall containcontinuous air quality monitoring data gathered for purposes ofdeterminingwhether emissions ofthat pollutant wouldcause or contribute to aviolation ofsuch

### standard or a Prevention ofSignificant Deterioration increment listed in Table 3a(k)-2ofthis subsection; ) Thecontinuous air quality monitoring data that is required by subparagraphs (B) and (C) ofthis subdivision shall have been gathered over a period ofone (1) year and shall represent the year preceding receipt oftheapplication, unless the commissioner determines in writing that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one (1)year, but not to be less than four (4) months; (E) Theowner or operator shall, after construction ofthesubject source or modification, conductsuch ambient monitoring as thecommissioner determines is necessary to determine the effect whichtheemissions fromsuch source or modification mayhave, or arehaving, on air quality in anyarea
. In addition, the owner oroperator shall submit the results of such ambient monitoring to thecommissioner within thirty (30) days ofdata collection; ) The owneror operator shall meet the requirements of 40 CFR58, Appendix B during theoperation ofmonitoring; (6) Source Impact Analysis

. (A) Theowner oroperator ofthe subject source or modification whichwill have an impact on air quality equal to or greater than anyamount listed in Table 3a(i)-1 ofsubsection (i) ofthis section shall not exceed or contribute to an exceedance ofthe maximum

allowable increase above baseline concentration established in Table 3a(k)-2 ofthis subsection; ) Compliance with the requirements ofthis subsection shall be determined using the Department's air emissions inventory and the Prevention ofSignificant Deterioration increments listed inTable 3a(k)-2ofthis subsection; (C) Apermit applicationfor the subject source or modification shall includea calculation ofthe increase, above the baseline concentration, in ambient concentrations ofpollutants to be expected fromthe new majorstationary source or major modification

. Such calculation shall bebased on: (i) theallowable emissions fromthesubject source or modification, (ii) theactual emissions fromall major stationary sourceswhichwere required to obtain a permit after the major source baseline date, (iii) the increased actual emissions from all modifications to the major stationary source whichwere required to be permitted afterthe major source baseline date and before the minor source baseline date

. The owner or operator shall use allowable emissions instead ofactual

### emissions ifsuch modifications are located on theowner's or operator's premises, (iv) theactual emissions fromall stationary sources, other than major stationarysources, whichwere required to obtain a permit after the minorsource baseline date, (v) theallowable emissions for anystationary source forwhich apermit is pendingandforwhichthecommissioner has made a determination of applicationsufficiency, and (vi) the reductions, occurring on or after the minor source baseline date, in actual emissions andfederally enforceable allowable emissions from stationary sources located on the owner's or operator's premises; When determining the increase overthe baseline concentrationofcriteria air pollutant emissions fromthe subject majorstationary source or major modification, thecommissioner mayconsider anyproposed reductions in actual emissions andallowable emissions whichwill occurprior to the commencement ofoperation ofthe subject major stationary source ormajor modification, provided such reductions become enforceable

. (7) Apermit applicationfor thesubject source ormodification shall contain an analysis, in accordance with subsection (i) ofthis section, ofthe effect ofthepollutants listed in Table 3a(k)-1

. Table 3a(k)-1 Significant Emission Rate Thresholds

AIRPOLLUTANT EMISSION LEVELS TONS PERYEAR 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) 10Sulfuric 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 particulatematter) 15 Municipal Waste CombustorAcid Gases (Measured as sulfur dioxide and hydrogen chloride) 40

Table 3a(k)-2 Maximum Allowable Increase above Baseline Concentration

AIRPOLLUTANT PSDINCREMENT (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-HourAverage 512 

### Nitrogen Dioxide AnnualArithmetic Mean 25


### (8) Additional Source Information

. (A) Theowner or operator ofthe subject source ormodification shall include in the application: (i) an analysis ofthe impairment to visibility, soils, andvegetation that would result fromconstruction andoperation ofthe subject source or modification, andan analysis ofthe general commercial, residential,

### industrial and other associated growth

. The owneror operatorneed not providean analysis ofthe impact onvegetation having no significant commercial or residentialvalue, (ii) an analysis, based upon methods approved by the commissioner in writing, oftheambient air quality impact projected for thearea as a result ofthe general commercial, residential, industrial, andother growth associated with thesubject source or modification, (iii) adescription ofthe nature, location, design capacity andtypical operating schedule ofthe subject source or modification, including specifications and drawings showingits design and plant layout, (iv) aschedule for construction ofthe subject source or modification, (v) adetailed description as towhat systemofcontinuous emission reduction is plannedfor the subject source ormodification, emission estimates, or anyother informationnecessary to demonstrate to the commissioner that BACT will be applied, and (vi) anyother information deemed necessary by the commissioner to performanyanalysis or make anydetermination under this subsection; 

### (B) Upon the commissioner's request, the owner or operator ofthe subject source or modificationshall submit: (i) the ambientairquality impact ofthesubject source or modification, including meteorological and topographical data necessaryto estimate such impact, and (ii) the ambientairquality impacts and the nature and extent ofthegeneral commercial, residential, industrial and other growth which have or has occurred sinceAugust 7, 1977 in the areathesubject source or modification will affect

. (9) Additional Public Participation Requirements

. In additionto the public participation requirements ofsection 22a-174-2a ofthe Regulations ofConnecticut State Agencies: (A) Thecommissioner shall include in the notice oftentative determination published pursuant to section 22a-174-2a oftheRegulations ofConnecticut StateAgencies and section 22a-6h ofthe Connecticut General Statutes, notice ofopportunityforpublic commentat a public hearing, ifone is requested, the opportunity to submit written comment, thedegree ofPrevention ofSignificant Deterioration increment consumption that is expected ifthe proposed activity is permitted, andanyother information thecommissionerdeems appropriate; and

66

### (B) Theowneror operator ofthesubject source or modification shall send a copy ofthe notice required undersubparagraph (A) ofthis subdivision to those individuals or entities listed undersubsection (b)(5), as specified in subsection (b)(6), ofsection 22a-174=2a ofthe Regulations ofConnecticut StateAgencies

. (1) Permit Requirements For Non-attainment Areas (1) Applicability

. Except as provided in subdivision (2) ofthis subsection, and in accordance with subsection (a) ofthis section, the provisions ofthis subsection shall apply to the owneror operator ofany new majorstationary source or major modification whichemits any non-attainment air pollutant ifsuch source: (A) Is located in a non-attainment area for such airpollutant; (B) Is located in an attainment area or unclassifiable area, but the allowable emissions ofsuch airpollutant wouldcauseor exacerbate aviolation ofa National AmbientAir Quality Standard in an adjacent non-attainment area
. Allowable emissions ofsuch airpollutant will be deemed not to cause or exacerbate aviolation ofa National AmbientAir Quality Standard provided that such emissions are less than levels set forth in Table 3a(i)-1 in subsection (i) ofthis section

; or (C) Is located in aserious orsevere non-attainment area for ozoneand is a proposed majorstationary source ormajor modification ofvolatile organic compounds or nitrogen oxides

. (2) Analysis ofalternatives

. (A) An owneror operator ofthesubject source or modification shall include an analysis ofalternative sites forthe proposed activity, alternativesizes for the subject source ormodification, altemative production processes, and all environmental control techniques and technologieswhich are available for such majorstationary source ormajor modification; ) Such analysis shall demonstratewhether the benefits ofthe subject source or modification wouldsignificantly outweigh its adverseenvironmental impacts, including secondary impacts and cumulative impacts, andsocial costs imposed as a result ofthe location, construction or modification; (C) The owner oroperator ofthesubject source or modification shall submit such analysis prior to the issuance ofanytentative determination on a permit application under this section

. (3) Control Technology Review andApproval

.

### (A) An owneror operator ofthesubject source or modification shall submit, for approval in writing: (i) 

### a LAERdetermination for each non-attainment air pollutant with allowable emissions in excess ofthe amount listed in Table 3a(k)-1, and (ii) an evaluation ofsecondaryimpactsor cumulative impacts for each non-attainment airpollutant with potential emissions in excess ofthe amount listed in Table 3a(k)-lofsubsection (k) ; (B) In determining whether to approve LAER, the commissioner maytake into account anyemission limitation, including avisible emission limit

. The commissioner maydisregard anyemissions test on a pilot plant or prototype equipmentwhichdoes not have reasonable operating experience or which may not be generally available for industry use; (C) Theowner or operator ofthe subject source or modification shall not be granted a permit under this section unless and until thecommissioner determines that such owner or operator will install airpollution control technology whichcomplies with the commissioner's approval of LAERfor each non-attainment airpollutant; (D) Ifthe owner or operator ofthe subject source or modification has made modifications to thesubject source ormodification and anyofthese modifications aresubject to but have not previously been evaluated under this subsection, thecommissioner shall conduct a LAERreview under this subsection and require implementation ofLAERfor such modifications; and (E) In no event shall the application ofLAERresult in an emission limit or rate of emissions that is less stringent or environmentally protective than an emission limitation approved bythecommissioner as BACT, an emission limitation demonstrated or established in anyState Implementation Plan or any applicable limitation or standard under 40 CFRParts 60, 61, 62or 63

. (4) Offsetting emission reductions or Emission ReductionCredits

. (A) Except as provided in subdivision (8)(B) ofthis subsection, prior to commencing operation pursuant to apermit issued underthis section, the owner or operator ofthe subject source or modification shall : (i) reduce actual emissions fromother stationary sources on such premises, sufficient to offset theallowable emissions increase for each individual non-attainment airpollutant whichis the subject ofthe application, or

### (ii) obtain certified emission reduction credits in accordance with subdivision (5) ofthis subsection, whichcredits 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 owneror operator ofthe subject source or modification unless the owner or operator demonstrates that internal offset or certified emission reduction credits under subparagraph (A) ofthis subdivision: (i) have occurred or were createdwithin the five (5) years preceding the submission ofsuch application andprior to thedate that the subject source or modification becomes operational and begins to emit anyair pollutant

. Thecommissioner mayconsider adifferent time period, beginningno earlierthan November 15, 1990, (ii) are not otherwise required by anyofthe following: theAct; 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 apermit or order ofthecommissioner and wouldbe federally enforceable, (iv) will create a net air quality benefit in conjunctionwith the proposed emissions increase

. In determiningwhether such a net air quality benefit wouldbe created, thecommissioner mayconsider emissions on an hourly, daily, seasonal or annual basis

. For carbon monoxide or particulatematter (total suspended particulate andPMIO), the net air quality benefits shall be determined bythe use ofatmospheric modeling procedures approved bythecommissioner and the Administratorinwriting

. Uponthe request ofthe commissioner, the owner oroperator shall make and submit to thecommissioner, a net air quality benefit determination for each airpollutant

. Such determination shall include, but not be limited to, all increases anddecreases of emissions from

stationary sources at anypremises providing the offsetting emission reductions, (v) shall be based onthe pounds perhour ofpotential emissions increase from thesubject source ormodification

. Thecommissioner may consider other more representativeperiods, including, but not limited to, tons peryear or pounds perday, (vi) are identified in an emissions inventory maintained bythe commissioner or otherwise approved in writing by thecommissioner,

### (vii) areof thesame non-attainment air pollutant ofwhichthe owneror operatorproposes to increase

. Reductions ofanyexempt volatile organic compound listed in Table 1-3 of section 22a-174-1 ofthe Regulations ofConnecticut StateAgencies or those listed in 40 CFR 51 .100 shall not be used to offset proposed increases emissions ofnonexempt volatile organic compounds, (viii) occurred at either: one or more stationary sources in thesame nonattainment area or stationary sources in anothernon-attainment area if, under theAct, such area has an equal or higher non-attainment classification than thearea in whichthe proposed activity wouldtake place, and ifemissions fromsuch other non-attainment area contribute to aviolation ofa National AmbientAir Quality Standard in the nonattainment area in whichthe proposed activity wouldtake place, (ix) for theapplicable non-attainment air pollutant, shallbe fromreductions in actual emissions, and (x) offset actual emissions at a ratiogreaterthan oneto one, as determined by thecommissioner

. In addition, the owneror operator shall offset emission increases ofallowable emissions at a ratio, forvolatile organic compounds or nitrogen oxides, ofat least: 1 .3 to 1 in anysevere nonattainment area for ozone, and 1 .2 to 1 in anyserious non-attainment area for ozone
. (5) The owneror operator ofthesubject source or modificationshall secure certified emission reduction credits before using them

. Discrete emissionreduction credits shall be secured intwenty-four (24) monthallotments priorto theiruse. Emission reduction credits shall be: (A) Created and used in accordance with 40 CFR51 ; ) Real, that is, resulting in a reduction of actual emissions, net ofany 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 testingapproved bythecommissioner in writing, conducted pursuant to an appropriate, reliable, and replicable protocol approved by the commissioner

. Such quantification shall be in terms ofthe rate andtotal mass amount ofnon-attainment pollutant emission reduction; (D) Surplus, not required by anyConnecticut GeneralStatute orregulation adopted thereunder, ormandated by the State Implementation Plan, and not currently relied upon for anyattainment plan, any Reasonable FurtherProgress plan or milestone demonstration;



## 70

### (E) Permanent, in that at thesource ofthe emission reduction, the emission reduction systemshall be inplaceandoperating, andan appropriate record keeping systemis maintained to collect and record thedatarequired toverify and quantify such emissions reductions; and (F) Enforceable andapproved by the

. commissioner in writingafterthe submission to thecommissioner ofdocumentssatisfactory to the commissioner or incorporated into a permit as a restriction on emissions

. 

### (6) Compliance Requirements

. (A) Theowner or operator ofthe subject source or modification shall demonstrate that all stationary sources owned, operated or controlled by the owner, operator, applicant, permittee andany parent company or subsidiary thereof are in compliance with all environmental protection laws or are on afederally enforceableschedule for achieving such compliance; and ) Theowner or operator ofthe subject source or modification shall demonstrate that compliance with anyenforcementorders for stationary sources in Connecticut owned, operated or controlled by theowner, operator, applicant, orpermittee are on the most expeditious compliance schedule practicable

. (7) Public Notice

. The notice oftentative determination under section 22a-6h ofthe Connecticut GeneralStatutes shall include any information concerning the proposal by the owneror operator to offset thepotential emissions increase fromthe subject source or modification and thecommissioner's approval of LAER

. (8) Notwithstanding any provision ofthis section : (A) No permit shall be grantedunder this subsection iftheAdministrator has made a final determination that theapplicable implementation plan is not being implemented forthe nonattainment area in whichthesubject source or modification is to be located; and ) Pursuant to section 173(a)(1)(B) oftheAct, the owneror operator anynew majorstationary source or major modification whichis located in azone withinthe non-attainment area,whichzone has been identified bythe Administrator, in consultation with the Secretary of Housing andUrban Development, as azone towhicheconomic development should be targeted, shall not be requiredto obtain offsetting emission reductions pursuant to this subsection unless the proposed emissions wouldcause or contribute to emissions levels whichexceed theemissions levels allowed by theState Implementation Plan

.

### (m)

(1) Permit Requirements for Hazardous Air Pollutants subject to the provisions of section 112(g) oftheAct, as may be amended from time to time For the purposes ofthis subsection: (A) "Major source ofhazardousair pollutants" means any stationary source that emits or has the potential to emit, ten (10) tons peryear or more ofany particular hazardousairpollutant ortwenty-five (25) tons peryear or more of anycombination ofhazardous air pollutants; "Hazardous airpollutant" or "HAP" means, notwithstanding the definition in section 22a-174-1 ofthe Regulations ofConnecticut State Agencies, anyair pollutant listed in section 112(b) oftheAct, excluding hydrogen sulfide and caprolactam

; 

### )

(C) "Construct a major source ofhazardous air pollutants" means to fabricate, erect or install a major source ofhazardous air pollutants or groupofmajor sources ofhazardousairpollutants within a contiguous area andunder common control ; and
"Reconstruct a major source ofhazardous airpollutants" means to replace one or more components at a major source ofhazardous airpollutants, provided that : 

### )

(i) the fixed capital cost ofthe new component(s) exceeds fifty (50%) percent ofthe fixed capital cost ofconstructing acomparable source, and (ii) it is technically andeconomically feasible for thesource as determined bythecommissioner, ifreconstructed as proposed, to meet the applicable MACT emission limitation under this subsection

. (2) Theowner or operator ofthe following sources are exempt fromthe requirements of this subsection: (A) Amajor source ofhazardous air pollutants subject to the MACT standards of 40 CFR63, provided that such owneror operator has metall requirements for preconstruction review andanyother applicable requirements of40CFR63, SubpartA

; ) Amajor source ofhazardous airpollutants de-listed bytheAdministrator pursuant to section 112(c)(9) oftheAct; or (3) An application for apermit to construct, reconstruct, oroperate a majorsource of hazardous air pollutants shall include:

### (A) The names ofthe hazardous air pollutant(s) to be emitted, and theestimated emission rate of each such pollutant; ) Aproposed determination of MACT, including, but not necessarily limited to, specific design, equipment, work practice, or operationalstandard, or a combinationthereof, that will meet the MACT, technical informationon the design, operation, size, and estimated control efficiency ofany proposed emission control equipment

. Thecommissioner mayrequire the owneror operatorto submit the manufacturer's name, address, telephone number, and design specifications ofsuch equipment for: (i) each singlehazardous air pollutantwith potential emissions often (10) tons peryear or more, and (ii) anycombination ofhazardous airpollutants with potential emissions of twenty-five (25) tons peryear or more; (C) Adescription ofthe subject source including identification ofany listed source category or categories such source is included within under theAct; ) 

### The owner's or operator's proposed dates for: (i) commencement ofconstruction or reconstruction ofsuch source, (ii) completion ofconstruction or reconstruction ofsuch source, and (iii) start-up ofsuch source; (E) Anyfederally enforceable emission limitations applicable to such source; (F) The proposed maximum utilization capacity ofsuch source, and theassociated: (i) uncontrolled emission rates peryear, and (ii) controlled emission rates peryear; (G) Aproposed emission limitation for each hazardousair pollutant from such source;



### (I) Supporting documentationfor the proposed determination ofMACT,such as an identification ofalternative control technologies and an analysis ofthecost, health andenvironmental impacts andenergy requirements; and Anyother relevant information required pursuant to 40CFR63, SubpartA, or as thecommissioner mayrequire

.

### (4) No permit will be granted unless the commissioner approves the proposed MACT

determinations anddetermines that the owneror operator shall : (A) Comply with anyapplicable emission standards or work practice standards adopted bytheAdministrator under sections 112(d) or 112(h) oftheAct, respectively; and (B) Comply with any applicable determination ofthecommissioner pursuant to section 112(j) oftheAct

. (5) In establishing MACT for any major source ofhazardousair pollutants, the commissioner shall : (A) Consider any relevant emission standard or work practice standard proposed by theAdministrator under sections 112(d) or 112(h) oftheAct; (B) Consider anypresumptive MACT determination adopted by theAdministrator for theapplicable source category which includes thesource under consideration; (C) Requirethe limitation or requirements to be no less stringent than theemission control whichis achieved in practice by thebest controlled similar source, as determined bythecommissioner; and ) Requirethe maximum degree ofreduction in emissions ofhazardous air pollutants whichcan be achieved by utilizing thosecontrol technologies, taking into consideration thecosts ofachieving such emission reduction and any health andenvironmental impacts andenergy requirements associated with the emission reduction

. (6) The owneror operatorofasource subject to this subsection and thecommissioner shall comply with the provisions of40 CFRPart 63.56 as amendedfrom time to time

. (7) Anypermit issued pursuant to this subsection will require the permittee to comply with the applicable emission standard promulgated by theAdministrator under section 112(d) or 112(h) oftheAct no laterthan eight (8) years after such standardis promulgated or eight (8)years after thedate by which the permittee wasfirst requiredto comply with emission limitation establishedby such permit, whichever is earlier

. . (8) Notwithstanding subdivisions (5), (6) and (7) ofthis subsection the permitteewill not be required to comply with an applicable emission standard promulgated by theAdministrator under section 112(d) or 112(h) ofthe Act iftheemission limitation establishedby the permit issued pursuant to this subsection is at least as stringent as that required by the applicable emission standardpromulgated by theAdministrator under section 112(d) or 112(h) ofthe Act as determinedby the commissioner

.

### Statement of Purpose: This amendmentstreamlines theapplicability ofthe requirement to

obtain an airpermit, thereby reducing the administrative burden ofhaving to apply for, but not obtain an air permit

. This amendment provides the application requirements andstandards for granting a permit and permit modification in subsections 3a(b) through 3a(m) ofthis section

. This amendment increases the threshold for statespecific program from5 tons potential to 15 tons potential thereby reducing the burden ofhaving to applyfor permits that are not otherwise federally required

. This amendment also provides for exemptions fromnew source review

under certain specific conditions

. In addition, this amendmentprovides the specifications for using secured emissionreduction credits to offset emission increases which provides industry with flexibilitywhilecontinuing 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 amendedto includefederal CleanAirAct requirements; specifically, to incorporate Maximum Achievable Control Technology (MACT) requirements formajorstationary sources ofhazardousairpollutants into new source review

permits pursuant to Section 112(g) ofthe CleanAirAct

.

G

. Text of Proposed RC .S.A

. section 22a-174-3b: The Regulations ofConnecticut StateAgencies are amended by adding section 22a-174-3b as follows:

Section 22a-174-3b

. Exemptions frompermitting for construction and operation of external combustion units, automotive refinishing operations, emergencyengines, nonmetallic mineral processing equipment and surface coatingoperations

. (a) Definitions

. For the purposes ofthis section: (1) "As applied" means acoating prepared according to a manufacturer's mixing instructions, including all components such as dilution solvents and reactive constituents, and prepared at the time ofapplication to asubstrate; (2) "Automobile" means apassenger car, van, motorcycle, truck or anyother motorized vehiclefor transportation; (3) "Automotiverefinishing operation" means the processes for coating, painting or repairingthe pre-existing coat orpaint applied to automobiles andautomotive components at an automobile manufacturing plant, including but not limited to surfacepreparation, primer application, topcoat application and applicator cleaning;

### (4) "Electrostatic application" means theapplicationofcharged atomized paint droplets

by electrostatic attraction; (5) "Emergency" means "emergency"as defined in section 22a-174-22ofthe Regulations ofConnecticut State Agencies; (6) "Emergency engine" means "emergency engine" as defined in section 22a-174-22 of the Regulations ofConnecticut StateAgencies; (7) "Existing stationary source" means astationary source forwhicha permit to control emissions to the air has been issued by theDepartment ; (8) "External combustion unit" means a device that combusts only natural gas, propaneor fuel oil, whichis not a stationary internal combustion engine or turbine, and includes, but is not limited to, a boiler, heater, dryingoven, curing oven or furnace; (9) "Hazardous airpollutant" means, notwithstandingthedefinition in section 22a-174-1 ofthe Regulations ofConnecticut StateAgencies, anyair pollutant listed in Section 112(b) of theAct, excluding hydrogen sulfide and caprolactum ; (10) "New

stationary source" means astationary source forwhich a permit to control emissions to the airhas not been issued by the Department; (11) "Nonmetallic mineral" means "nonmetallic mineral" as defined in 40 CFR60.671 ; (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 crushor grind any nonmetallic mineral at a nonmetallic mineral processing plant; 

### (13) "Nonmetallic mineral processing plant" means "nonmetallic mineral processing plant" as defined in 40CFR60.671 ; (14) "Spray booth" means a structure, housing automatic or manual spray application equipment, that is used to applycoatings; (15) "Surface coating operation" means a process used to apply a layer of material including spray painting, dip coating, rollercoating, andelectrostatic deposition, but exclusive ofprinting, publishing or packagingoperations; (16) "Tune-up" means to performmaintenance and adjust equipment to proper or required operating condition; and - (17) "Twelve (12) month rolling aggregate" means thesum ofthe total fuel use, actual emissions, coating use, solvent useoractual 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 ofthe previous eleven months

. (b) Applicability

. (1) Theowneror operator ofastationary source that is an external combustion unit, an automotive refinishing operation, a nonmetallic mineral processing equipment, an emergency engine or a surface coating operation mayconstruct and operate such source without obtaining a general permit for such source issued pursuant to section 22a-174(nofthe Connecticut General Statutes or apermit pursuant to section 22a-174-3a ofthe Regulations of Connecticut State Agencies if (A) The source is an emission unitwithpotential emissions offifteen (15) tons or more peryear of any individual .air pollutant; (B) The source is not anew majorstationary source; (C) The source is not anewlyconstructed or reconstructed major source of hazardous air pollutants subject to therequirements ofsection 22a-174-3a(m) ofthe Regulations ofConnecticut StateAgencies; and (D) Theowner or operator complies with all applicable provisions ofthis 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 emergencyengine or asurface coatingoperationmay 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 ofthe Regulations ofConnecticut StateAgencies if (A) Thesource is amodification to an existing emissionunit which increases potential emissions ofany individual airpollutant fromsuch unit by fifteen (15) tons or more peryear; ) Atthe time ofmodification, the source is not authorized to operate pursuant to an individual permit issued pursuant to section 22a-174-3a ofthe Regulations ofConnecticut StateAgencies; (C) The modification is not a majormodification to an existing majorstationary source; and Theowner or operator complies with all applicable provisions ofthis section

. (3) The requirements ofthis section do not applyto the owner,or operator ofastationary source that is an external combustion unit, an automotive refinishing operation, a nonmetallic mineral processing equipment, an emergencyengine or asurfacecoating operation ifsuch source has potential emissions ofless than fifteen (15) tons per year ofeach individual air

77

### pollutant, including thosesources operating in compliance with section 22a-174-3c ofthe

Regulations of Connecticut StateAgencies

. (c) External combustion unit

. (1) Theowneror operator ofan external combustion unit shall properly maintain equipment andoperate such unit in accordancewith the following requirements: (A) Maximum

rated heat input shall not exceed thefollowing limitations: (i) 50MMBtu/hr for sources burninggaseous fuels, (ii) 25 MMBtu/hr for sources burningdistillate fuel oil, and (iii) 15 MMBtu/hr for sources burningresidual fuel oil ; (B) Fuel use shall not exceed the following limitations: (i) natural gas usageshall not exceed 214millioncubic feet in anytwelve (12) month rolling aggregate, (ii) propane usageshall not exceed 1 .57 milliongallons in any twelve (12) month rolling aggregate, (iii) distillate fuel oil usage shall not exceed 704,000gallons in anytwelve (12) month rollingaggregate, (iv) residual fuel oil usage shall not exceed 191,000gallons in any twelve (12) month rollingaggregate, and (v) use ofanycombinationofthe fuels listed in subparagraphs (B)(i) through (B)(iv) ofthis subdivision shall not result in emissions ofany individual air pollutant greater than fifteen (15) tons peryear in any twelve (12) month rollingaggregate; (C) Fuel content shall be as follows: (i)
(h) anyresidual fuel oil used shall contain 0 .5%, or less, sulfur by weight, dry basis, and

no fuel oil used shall be blendedwith wasteoil or solvent; (D) The height ofanystack associated with the unit shall be thegreater of (i) ten (10) meters, or

### (ii) the lesser of 1 .3 times the building height or maximum building width; and (E) Atune-up ofthe external combustion unit shall be performed on an annual basis

. (2) The owneror operator of an external combustion unit shall maintain records ofthe informationnecessary for thecommissioner to determine compliance with the requirements of subdivision (1) ofthis subsection

. Informationsufficient to make such determinations may includethe information specified in subdivision (3) ofthis subsection

. All records made to determine compliance with the requirements ofthis section shall be: (A) Made available to thecommissioner to inspect andcopy upon request; and (B) Maintained for five (5) years fromthedate such record is created

. (3) The owneror operator ofan external combustion unit may make and maintain records ofthe following information, as applicable: (A) Records ofthe fuel type andquantity used, in gallons or million cubic feet, for each monthand each twelve (12) month rolling aggregate; ) Ifthe fuel used is residual oil, records ofthe sulfur content for each nongaseous fuel shipment received; (C) Ifmultiple fuels are used, records ofthequantity in tons ofeach criteria pollutant emitted foreach monthandeach twelve (12) month rolling ; and ) The date each annual tune-up is performed

. (d) Automotive refinishing operation

. (1) Theowneror operator ofan automotive refinishing operation shall properly maintain equipment and perform such operation in accordance with thefollowing requirements: (A) Thetotal amount ofVOC-containing coatings or solvents used shall not exceed 2,000gallons in anytwelve (12) monthrolling aggregate; (B) Anypaint or coatingshall be applied by oneofthefollowing means: (i) high volume low pressure sprayequipment, (ii) electrostatic application equipment, or (iii) any other application method that has a manufacturer's guaranteed transfer efficiencyofat least sixty-five percent (65%) ;

### (C) Any application equipment used shall be cleaned using oneofthe following means: (i) in a device that remains closed at all timeswhen not in use, (ii) in asystemthat discharges unatomized cleaning solvent into awaste container that remains closed when not in use, (iii) in avat that allows fordisassembly and cleaning ofapplication equipment andthat is kept closed when not in use, or (iv) in a systemthat atomizes spray into a paint wastecontainer that is fitted with adevice designed to capture atomized solvent emissions; (D) Sprayoperations shall be performed in an enclosed area; and (E) Ifa spray booth is used, such boothshall contain particulate control equipment that is operated and maintained in good workingcondition at all times the booth is in use

. (2) The owner or operator ofan automotive refinishing operation shall maintain records of the information necessary forthecommissioner to determine compliance with the requirements ofsubdivision (1) ofthis subsection

. Information sufficient to make such determinations may include the information specified in subdivision (3) ofthis subsection

. All records made to determinecompliance with the requirements ofthis sectionshall be: (A) Made available to the commissioner to inspect andcopy upon request; and (B) Maintained for five (5) years fromthedate such record is created

. (3) Theowner or operator ofan automotive refinishing operation may make and maintain records ofthe following information: (A) Records ofthe amount ofcoatingand solvent used, in gallons, for each month and each twelve (12) month rollingaggregate; and ) Ifa paint or coatingis appliedby other than themethods specified in subsection (c)(3)(B)(i) or (c)(3)(B)(ii), a record ofthe manufacturer's guaranteed transfer efficiency

. (e) Emergency engine

. (1) The owneror operator ofan emergency engine shall properly maintain equipment and operatesuch engine in accordance with this subsection

.

### (2) No owneror operator ofan emergencyengine shall cause or allowsuch engine to

operateexcept in an emergencyand unless thefollowing conditions are met: (A) Operation ofsuch engine shall not exceed 500hours during any twelve (12) month rollingaggregate; and ) Any nongaseous fuel consumed by such engine shall not exceed a sulfur content of 0

.3%byweight, dry basis

. (3) The owneror operator ofan emergency engine shall maintain records ofthe information necessary for thecommissioner to determine compliance with the requirements of subdivision (2) ofthis subsection

. Informationsufficient to make such determinations may includethe informationspecified in subdivision (4) ofthis subsection

. All records made to determine compliance with the requirements ofthis section shall be: (A) Made available to the commissionerto inspect andcopyupon request; and (B) Maintained for five (5) years fromthedate such record is created

. (4) Theowner or operatorofan emergencyengine may make and maintainrecords ofthe hours ofoperation for each month andeach twelve (12) month rollingaggregate

. 

### (f) Nonmetallic mineral processing equipment

. (1) Theowner or operator ofnonmetallic mineral processing equipmentshall properly maintain equipment and operatesuch equipment in accordance with the following conditions on fuel useandcontent: (A) Equipment poweredby an internal combustion engine greater than or equal to 600horsepower shall not exceed 67,400 gallons offuel oil usage in anytwelve (12) month rollingaggregate; ) Equipment poweredby an internal combustion engine less than 600 horsepower shall not exceed 48,900 gallons fuel oil usage in any twelve (12) month rollingaggregate; and (C) Anynongaseous fuel oil consumed by such equipmentshall not exceed a sulfur content of0.05%by weight, dry basis

. (2) Theowner or operator ofnonmetallic mineral processing equipmentshall maintain records ofthe information necessary for thecommissioner to determine compliance with the requirements ofsubdivision (1) ofthis subsection

. Informationsufficient to make such determinations may include the informationspecified in subdivision (3) ofthis subsection

. All records made to determine compliance with the requirements ofthis sectionshall be: (A) Made available to the commissioner to inspect andcopy upon request; and

### (B) Maintained for five (5) years fromthedate such record is created

.

(3) Theowneror operator ofnonmetallic mineral processing equipment may make and maintain records ofthe following information: (A) Records ofthequantity offuel used, in gallons, for each month andeach twelve (12) month rollingaggregate; and (B) For each nongaseous fuel shipment received, records ofthesulfur content as a percent by weight, drybasis, andtype offuel

. (g) Surface coatingoperation

. (1) Theowneror operator ofasurface coatingoperation shall properly maintain equipment andconductsuch coatingoperations only in accordance with thefollowing limitations on VOCs, hazardousairpollutants and particulate matter: (A) The VOCcontent ofanycoatingused shall not exceed 6 .3 pounds pergallon, as applied; (B) The hazardousair pollutant content ofanycoating used shall not exceed 6 .3 pounds pergallon, as applied; (C) Coatingandsolvent usage, including diluents and cleanup solvents but excludingwater, shall not, in any twelve (12) monthrolling aggregate, exceed 3,000gallons

; and 

### ) Anyelectrostatic drypowder coatingoperation or plasma sprayoperation shall be operated only with particulate control equipment that meets the following requirements: (i) is integrated inthecoating or sprayoperation, 

### (ii) includes aminimum collection efficiencyof90%, and (iii) is operated and maintained in good worlcing condition

. (2) Theowner or operator ofasurface coatingoperation shall maintain records ofthe information necessary for the commissionerto determine compliance with the requirements of subdivision (1) ofthis subsection

. Informationsufficient to make such determinations may include the information specified in subdivision (3) ofthis subsection

. All records made to determine compliance with the requirements ofthis sectionshall be: (A) Made available to thecommissioner to inspect andcopy upon request; and

### (B) Maintained for five (5) years fromthe date such record is created

.

(3) Theowneror operator ofasurfacecoatingoperation may make and maintain records ofthe following information: (A) Records ofthe type andquantity of coating and solvent used, in gallons, for each monthand each twelve (12) monthrolling aggregate; ) Records ofthe hazardous air pollutant andVOCcontentper gallon ofeach coatingandsolvent used, as applied; and (C) Ifthesurface coatingoperation includes an electrostatic dry powder coating operation ora plasma spray operation, a record ofthe manufacturer's specifications for particulatecontrol efficiency

. (h) Fuel sulfur content

. Anyofthe records listed in subdivisions (1), (2) and (3) ofthis subsection aresufficient to demonstrate thesulfur content offuel used as required by subsections (c), (e) and (f) ofthis section : (1) Afuel certificationfor adelivery ofnongaseous fuel from a bulkpetroleum

provider; (2) Asales receipt for thesale ofmotorvehiclediesel fuel froma retail location; or (3) Acopy ofa current contract with the fuel supplier supplying the fuel usedby the equipmentthat includes theapplicable sulfur content ofnongaseous fuel as a condition of each shipment

. (i) Reporting

. (1) Theowner or operator ofanysource required to make and maintain records pursuant to this section shall provide anysuch records, or a copythereof, to thecommissioner upon request andshall make such records available to the commissioner to inspect at the location maintained and shall make and providecopies ofany records requested by thecommissioner

. (2) Anyrecord requested pursuant to subdivision (1) ofthis subsection shall be submitted with acertification in accordance with section 22a-174-2a(a) ofthe Regulations of Connecticut StateAgencies

. (j) Applicable law

. Nothing in this sectionshall relieve an owneror operator fromanyobligation to comply with: (1) The requirements of40 CFR63, Subpart Bas implemented in section 22a-174- 3a(m) ofthe Regulations ofConnecticut StateAgencies; and (2) Anyother applicable federal, state or local law

.

### (k) Individual application

.

(1) Nothing in this section shall preclude thecommissioner fromrequiring an owneror operator to obtain an individual permit pursuant to section 22a-174-3a ofthe Regulations of Connecticut State Agencies

. (2) An owneror operator whohasfiled an application for an individual permit pursuant to subdivision (1) ofthis subsection shall complywith the requirements ofthis section while such application is pending

.

Statement of Purpose: This sectionestablishes emissions limitations, operating practices, and recordkeeping requirements for certain categories ofstationary sources ofair pollution to restrict emissions to levels that are notsignificant contributions to air pollution; andexempts such sources fromthe permitting process by removing owners and operators fromthe dutyto applyfor andobtain individual operatingpermits

.


### H

. Text ofProposed 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, emergencyengines, automotive refinishing operations, nonmetallic mineral processing equipment andsurface coating operations

. (a) Limitations on potential to emit

. (1) Notwithstanding thedefinition of"potential emissions" or"potential to emit" in section 22a-174-1 ofthe Regulations ofConnecticut StateAgencies, the potential emissions orpotential to emit ofany individual airpollutant for a stationary source identified in subdivision (2) ofthis subsection is less than fifteen tons peryear, unless otherwise determinedby a permit or order ofthecommissioner, ifthe owneror operator operates the source to comply with all applicable requirements ofsubsections (b) and (c) ofthis section

. (2) The owneror operator ofanynew or existing stationary source that is an external combustion unit, an automotive refinishingoperation, a nonmetallic mineral processing equipment, an emergencyengine or a surface coatingoperation maylimit potential emissions pursuant to subdivision (1) ofthis subsection

. (b) Operating requirements

.

### (1) The owner or operator ofan external combustion unit using gaseous fuel andoperating

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 millioncubicfeet in anycalendar year; and ) Maintain a maximum rated heat input less than 50mmBTU/hr

. (2) The owneror operator ofan external combustion unit usingdistillate fuel and operating to limitpotential emissions in accordance with this sectionshall : (A) Limitdistillate fuel oil purchase for the premises to equal to or less than 328,000gallons in anycalendar year; and (B) Maintain amaximum rated heat input less than 25 mmBTU/hr

. (3) Theowner or operator ofan external combustion unit usingresidual fuel andoperating to limit potential emissions in accordance with this section shall : (A) Limit residual fuel oil purchase for thepremises to equal to or less than 89,000 gallons in anycalendar year; and ) Maintain amaximum rated heat input for theexternal combustion unit ofless than 15 mmBTU/hr

. (4) Theowner or operator ofan external combustion unit usingpropaneand operatingto 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 anycalendar year; and ) Maintain a maximum rated heat input less than 50mmBTU/hr

. (5) Theowner or operator ofan emergencyengine usinggaseousfuel andoperating to limit potential emissions in accordance with this section shall limit gaseousfuel purchase for the premises to equal to or less than 41 millioncubicfeet in anycalendar year
. (6) Theowner or operator ofan emergencyengine usingdistillate fuel andoperating to limit potential emissions in accordance with this section shall limit distillate fuel oilpurchase forthe premises to equal to or less than 21,000gallons in anycalendar year
. (7) Theowneror operator ofan emergencyengine using propane and operating to limit potential emissions in accordance with this sectionshall limit propane purchase for the premises to equal to or less than 100,000gallons in any calendar year;

### (8) The owneror operator ofan automotive refinishingoperation operating to limit

potential emissions in accordance with this sectionshall limit VOCcontaining coatingor solvent purchase for the premises to equal to or less than 1,000gallons in anycalendar 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 forthe premises to equal to or less than 22,000gallons in anycalendar year
. (10) Theowner or operator ofasurface coatingoperation operating to limit potential emissions in accordancewith this section shall limit purchase for the premises ofVOC containing coatings, including diluents and cleanupsolvents but excluding water, to equal to or less than 1,500gallons in anycalendar year
. (c) Records

. (1) The owneror operator ofanysource that is operating to complywith the requirements ofsubsection (b) ofthis sectionshall maintain purchase records to demonstrate compliance with applicable fuel, coating andsolvent limitations

. (2) The owneror operator ofanysource shall make purchase records maintained pursuant to subdivision (1) ofthis subsection available to thecommissioner to inspect andcopy upon request

. (3) The owneror operator ofanysource maintaining purchase records pursuant to subdivision (1) ofthis subsection shall maintain such records for five (5) years from thedate such records arecreated

. (d) Applicable law

. Nothing in this section shall relieve an owner or operator fromanyobligation to complywith: (2) The requirements of40 CFR63, Subpart Bas implemented in section 22a-174- 3a(m) ofthe Regulations ofConnecticut StateAgencies; and (3) Anyother applicable federal, state or local law

. (e) Individual application

. (3) Nothing in this sectionshall preclude the commissioner fromrequiring an owneror operator to obtain an individual permit pursuant to section 22a-174-3a ofthe Regulations of Connecticut StateAgencies

. (4) An owner or operatorwho has filed an application for an individual permit pursuant to subdivision (1) ofthis subsection shall complywith the requirements ofthis sectionwhile such application is pending

.

### Statement of Purpose: This sectionestablishes limitations on fuel purchase and use and

coatingand solvent use for certain categories ofstationary sources ofairpollution to restrict emissions to levels that do not contribute significantly to airpollution

. An owneror operator ofasource operating in compliance with this section does not need to obtain an individual operating permit or operatethe source to comply with the requirements ofsection 22a-174-3b ofthe Regulations ofConnecticut State Agencies

.


### I

. Text ofProposed 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 programpursuant 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

90a 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

. INADDITION, THE COMMISSIONERMAY REQUIRE THE OWNEROROPERATORTOPUBLISH SUCHNOTICE INOTHERMEDIAANDINLANGUAGES OTHERTHAN 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 UNDERSUCH 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 allowemissions 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 ofsulfur 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

100ALTERNATIVE 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