Attachment A

Attachment B

Attachment C

Attachment D

MATERIALS SUBMITTED IN SUPPORT OF THIS SIP REVISION

Revisions to RCSA sections 22a- 174-1, 22a- 174-3 a and 22a- 174-33,

effective on January 28, 2011. Copy of amendments as filed with the

Secretary of the State

Public notice as published in the Connecticut Law Journal and area

newspapers on September 14, 2010.

Attendees at the public hearing on October 18, 2010, DEP

Headquarters, 79 Elm Street, Hartford, CT

Certification of public hearing

Attachment E Hearing report

Attachment F Legislative Commissioner’s Office report
ATTACHMENT A
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ATTACHMENT B

ATTACHMENT C
STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Attendance

Public Hearing

October 18, 2010

Amendment Concerning Greenhouse Gas Emissions and Air Quality Permitting

CTDEP staff attending the hearing:

April Desclos

Merrily A. Gere

No members of the public attended the hearing.

(Printed on Recycled Paper)

79 Ehn Street o Hartford, CT 06106~5127

www.ct.gov[dep

An Equal Opportunity Employer
ATTACHMENT D
STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

HEARING CERTIFICATION

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part

51.102 that the following actions were taken regarding the proposed amendment of :

1)

3)

The public hearing was held on October 18, 2010 as announced in the notice of

hearing (copy attached);

In accordance with the notice, materials were available for review in each Air

Quality Control Region (AQCR) in Connecticut;

Copies of the notice were mailed to the directors of the air pollution control

agencies in New York, New Jersey, Rhode Island and Massachusetts along with a

copy to the Director of the Air Management Division of Region I of the U.S.

Environmental Protection Agency; and

4)

News~

Connecticut Post

Hartford Courant

New London Day

The Register Citizen

The notice of hearing was published in four area newspapers as follows:

~ Date

43 September 14, 2010

42 September 14, 2010

41 September 14, 2010

44 September 14, 2010

Januaw 31,2011

Date

(Printed on Recycled Paper)

79 Elm Street  ̄ Hartford, CT 06106-5127

www.ct.gov/dep

An Equal Opportunity Employer
ATTACHMENT E
STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

HEARING REPORT

Prepared Pursuant to Section 4-168(d) of the

Connecticut General Statutes and

Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice

Regarding

Greenhouse Gas Emissions and Air Quality Permitting

Hearing Officer:

Merrily A. Gere

Date of Hearing: October 18, 2010

On September 14, 2010, the Colrtmissioner of the Departmem of Environmental Protection

(DEP) published a notice of intent to mnend various sections of the Regulations of Colmecticut

State Agencies (RCSA), including portions of sections 22a- 174-1, 22a- 174-3a and 22a- 174-33.

Pursuant to such notice, a public hearing was held on October 18, 2010, with the public comment

period closing on the same day.

I. Hearing Report Content

As required by RCSA section 4-168(d) of the Cormecticut General Statutes (CGS), this report

describes the proposal, identifies principal reasons in support of and in opposition to the

proposal, and summarizes m~d responds to all comments on the proposal. A final recommended

version of the amendment text is also provided.

A statement in satisfaction of CGS section 22a-6(h) is included as Attachment 1.

II. Summary of Proposal

The proposal revises certain air pollution regulations to authorize DEP to regulate greenhouse

gas (GHG) emissions in its new source review prevention of significant deterioration ~SR PSD)

and Title V permitting programs, consistent with the U.S. Environmental Protection Agency’s

(EPA’s) Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule [75

FR 31514; June 3, 2010] (the Tailoring Rule), as follows:

(Printed on Recycled Paper)

79 Elm Street  ̄ Harfford, CT 06106-5127

www,ct.gov/dep

An Equal Opportunity Enlployer
 ̄ RCSA section 22a-174-1 sets out definitions of general applicability to the air quality

regulations. This proposal adds definitions of "carbon dioxide equivalent emissions" and

"greenhouse gases."

 ̄ In RCSA section 22a-174-33(a)(7), "greenhouse gases" is added to the definition of

°’regulated air pollutant" under the Title V permitting program.

RCSA section 22a-174-33(a)(10) is revised to add greenhouse gas emissions thresholds

to the definition of"Title V source."

 ̄ Subdivisions (1) and (2) of RCSA section 22a-174-33(d) are revised to allow sources to

avoid Title V permitting by limiting greenhouse gas emissions.

 ̄ RCSA section 22a-174-3a(a)(1) is revised to require sources of greenhouse gas emissions

to obtain a permit to construct and operate.

 ̄ RCSA section 22a-174-3a(d)(3) is revised to require sources to install Best Available

Control Technology (BACT) for greenhouse gas emissions.

 ̄ RCSA section 22a-174-3a(j)(1) is revised to add greenhouse gas emissions thresholds to

BACT applicability.

 ̄ Subdivisions (1) and (2) of RCSA section 22a-174-3a are revised to add greenhouse gas

emissions thresholds to PSD applicahil}ty.

The text of the proposal is located in At~chment 2 to this report.

III. Opposition to Proposal

No comments opposed DEP’s intent to seek final adoption of this proposal. Some corrmaents

suggested revisions to the proposal to provide consistency with the Tailoring Rule or with other

provisions within DEP’s air pollution control regulations. Other comments suggested formatting

revisions to clarify regulatory language within the proposal.

A detailed discussion of the comments and responses is set out in the next section of this report.

IV. Summary of Comments

Written comments were received from the following persons:

1. Ida E. McDonnell, Manager

Air Permits, Toxics, and Indoor Air Programs Unit

United States Environmental Protection Agency

Region 1

5 Post Office Square, Suite 100

Boston, MA 02109-3912

2. Eric J. Brown, Associate Counsel

Connecticut Business and Industry Association

350 Church Street

Hartford, CT 06103-1126
3. Pamela F. Faggert, Vice President and Chief Environmental Officer

Dominion Resources Services, Inc.

5000 Dominion Boulevard

Glen Allen, VA 23060

All comments submitted are summarized below with DEP’s responses. Commenters are

associated with the individual comments below by the nmnber assigned above. When changes to

the proposed text are indicated in response to comment, new text is in bold font and deleted text

is in strikethrough font. Coiranents not specific to a single portion of the proposal are set out

first, followed by comments specific to certain provisions in the proposal, organized by

regulatory section.

General comment

1. comment: We are pleased that these proposed Comaecticut amendments are consistent with

the Tailoring Rule requirements and, beyond the requirement to obtain a permit, the proposed

amendments do not include any emissions standards or control requirements for greenhouse

gases. [3]

Response: DEP notes the commenter’s support of the consistency of this proposal with the

Tailoring Rule.

2. Comment: The Tailoring Rule requires that Connecticut adopt the necessary requirements as

of January 2, 2011, or EPA may impose the requirements directly on Connecticut sources

through a Federal hnplementation Plan (FIP). In a separate rulemaking, EPA has already

proposed such a FIP. If implemented, we are concerned that such a FIP would result in dual

permitting by EPA and DEP, which could significantly slow the issuance of permits and

modifications and increase costs to Connecticut businesses. Therefore, we support the quick

promulgation of COnnecticut’s proposed regulatory revisions tO include GHGs in the Title V and

NSR PSD permitting programs and to anaend the State Implementation Plan (SIP) for air quality

to reflect these provisions. [3]

Response: DEP notes the commenter’s support for the rapid promulgation of Connecticut’s

proposed ~egulatory revisions to include GHGs in DEP’s Title V and NSR PSD permitting

programs and subsequent submission of a SIP revision. We depend on the support of

Connecticut’s regulated community and quick reviews by other state agencies and offices

involved in the regulatory adoption procedure to achieve rapid adoption of the requirements. We

also are working closely with EPA Region 1 to limit any period in which NSR PSD permits may

not be issued or for which EPA and DEP share permitting authority.

3. Comment: GHG permitting is an entirely new regulatory endeavor, both legally and

technically. EPA has been working to develop guidance on what would constitute BACT for

GHGs. This guidance is expected to focus on energy efficiency as BACT. To date; EPA has not

yet released may such guidance, despite the imminent onset of GHG permitting requirements on

January 2, 2011.
4

The resulting uncertainty presents a risk of an unpredictable patchwork of makeshift BACT

determinations, state-by-state, and project-by-project. Since many of the affected projects would

involve electricity generating units, such a scenario threatens to further increase the cost of

electricity in Connecticut. Last year, Connecticut’s electricity prices were already the second

highest in the nation, and energy costs are a significant part of the extremely high cost of doing

business in Connecticut.

Given the novelty of GHG permitting, the lack of BACT guidance, and the critical need to avoid

further adverse impact on Connecticut’s electricity costs, CBIA urges DEP to confirm the

importance of an appropriately cautious and nationally consistent approach to BACT for GHG

emissions. [2]

Response: DEP acknowledges the novelty of GHG permitting and is pleased to have in hand

EPA’s ’°PSD and Title V Permitting Guidance for Greenhouse Gases" and accompanying sourcespecific white papers, which EPA released on November 10, 2010. EPA’s guidance will result

in a level of consistency in early BACT determinations.

The commenter may be eased in his concern about the imminence of BACT requirements for

GHGs in the knowledge that Connecticut will not be an early implementing state for GHG

BACT. Connecticut requested a SIP submittal deadline of March 1,2011. Should DEP fail to

submit a SIP by March 1,2011, EPA will then impose the FIP for GHGs, and EPA will assume

authority to issue PSD permits for GHG in Connecticut. Prior to March 1, neither DEP nor EPA

will be authorized to issue PSD permits for GHGs. Assuming DEP submits a SIP by March 1,

neither DEP nor EPA will have PSD GHG permitting authority until EPA approves the

submitted SIP. So, during this interval in early 2011, no PSD permits for GHGs will be issued in

Connecticut. Other states, under authority of either the state or EPA, may, in that interval, issue

PSD permits that involve a BACT review for GHG, which Will be informative to DEP and the

regulated community in Connecticut.,

DEP does not have any data to substantiate the commenter’s assertion that GHG permitting will

cause a direct increase in Connecticut’s electricity pricing. Many factors influence electricity

pricing including fuel costs, time of year, weather, regional generating unit status and demand.

Air quality permitting costs for electric generating units are a minor percentage of overall

envirortmental compliance costs and unlikely to influence electricity costs independent of other

factors. This is particularly tree for GHG permitting, which in Connecticut will result in new

fees only for new major stationary sources that are major for GHGs and not for traditional

pollutants, for new major stationary sources that are major for a non-GHG pollutant and emit

GHGs at a level of at least 75,000 tons per year carbon dioxide equivalent emissions (CO2e), or

for major modifications at existing PSD sources that cause a net emissions increase of 75,000

tons per year CO2e. The NSR PSD permitting costs for such sources are, at most, a $6250

application fee and/or $1750 ifa BACT review is required for GHG. If the source is major for a

non-GHG pollutant, the application fee would be required regardless of the new GHG

provisions. Other fees, such as public notice fees or BACT review fees for non-GHG pollutants,
5

would also apply regardless of the new GHG provisions. Overall, the administrative permitting

fees for GHG emissions are minimal compared to total environmental compliance costs.

We understm~d that sources are concerned about the costs of BACT for GHG. EPA’s GHG

BACT guidance emphasizes energy efficiency measures, and many such measures will likely

create a cost savings due to reduced energy consmnption. And, step four of the BACT analysis,

which allows for the consideration of the cost effectiveness of controls and energy and other

enviromnental impacts, will apply to GHG emissions.

RCSA section 22a-174-3a(a),

4. Comment: RCSA section 22a-174-3a(a)(1)(H): For consistency with other provisions in

RCSA section 22a-174-3a(a)(1), DEP should revise RCSA section 22a-174-3a(a)(1)(H) by

placing the word "new" in front of stationary source:

"New stationary source that emits, or has the potential to emit, equal to or greater than

100,000 tons per year of CO2e and one hundred (100) tons per year of greenhouse

gases;" [1]

Response: DEP should revise the proposed regulatory amendment ~n response to this comment.

The addition of the word "new" to RCSA section 22a-174-3a(a)(1)(H) would provide

consistency with other provisions in RCSA section 22a-174-3a(a)(1) and would clarify DEP’s

intent, consistent with the Tailoring Rule, to regulate only new stationary sources under RCSA

section 22a-174-3a(a)(1)(H). RCSA section 22a-174-3a(a)(1)(H) should be revised as follows:

New stationary ~ source that emits, or has the potential to emit, equal to

or ~reater than 100,000 tons per~t~ear of CO2e and one hundred (100) tonst~

~reenhouse asgg~

5. Comment: For each of the following co~imaents, requested language changes are provided

below.

The proposed revisions to RCSA section 22a-174-3a(a)(1) indicate an effort to

incorporate the substance of the Tailoring Rule through means other than that

Rule’s labyrinthine approach. CBIA appreciates DEP’s efforts in this regard.

For increased clarity, the format for the proposed greenhouse gas (GHG) triggers

in RCSA section 22a-174-3a(a)(1) could be further broken out, as set out below.

This revised format would also more directly track the core substantive

components of the Tailoring Rule, which would help regulated parties already

familiar with the EPA format to navigate the reformatted Connecticut version.

The revised format would also help to prevent loss of the clarity provided by

RCSA section 22a-174-3a(a)(1) relative to former RCSA section 22a-174-3(a)(1),
6

which by the time it was repealed had grown to a long and unwieldy list of over a

dozen source types.

The GHG-related triggers proposed for RCSA section 22a-’ 174-3a(a)( 1 ) do not

incorporate the phased deadlines adopted by EPA in the Tailoring Rule for the

first six months of2011. If the proposed regulations are adopted before July i,

2011, the lack of such phasing would cause the regulations to be stricter than the

federal standards. No such intent is stated in the "Federal Standards Analysis"

prepared by DEP as required by CGS section 22a-6(h) and made part of the

rulemaking record. Presumably DEP did not intend to disregard the phased

deadlines adopted by EPA; accordingly, they should be incorporated into the

propoSed RCSA section 22a-174-3a(a)(1) revisions.

As drafted, proposed RCSA section 22a-174-3a(a)(1)(H) would seem to require

section 3a permitting for "~_~.2 .,.(H) Stationary source that emits, or has the

potential to emit, ... [_>100,000 TPY, and 100 TPY of GHG on a mass basis] ," id.

(emphasis supplied). This would seem to apply to any existing stationary source

meeting those numeric criteria, and in the absence of a modification with a

significant net emissions increase of GHG. Presumably DEP’s intent was rather

to expand section 3a permitting only to new sources and existing sources

undergoing modification, subject to GHG potential-to-emit thresholds. Again, no

contrary intent is stated in the CGS section 22a-6(h) "Federal Standards Analysis"

prepared by DEP.

As in RCSA section 22a-174-33, the proposed GHG applicability triggers in

RCSA section 22a- 174-3a(a)(1) should link the CO2e,based triggers with massbased triggers, to avoid snaring small sources with low GHG emissions by mass.

This would also make proposed RCSA section 22a-174-3a(a)(1) consistent with

proposed RCSA section 22a-174-3a(j)(1).

Following is proposed language for RCSA section 22a-174-3a(a)(1), to implement the

foregoing comments (proposed changes in double-underlined font_)

***********************************

See. 5. Section 22a-174-3a(a)(1) of the Regulations of Connecticut State Agencies is

amended as follows:

(1) Applicability. Prior to beginning actual construction of any stationary source or

modification not otherwise exempted in accordance with subdivision (2)(A) to (C) of this

subsection, the owner or operator shall apply for and obtain a permit to construct and

operate under this section for any:

(A) New major stationary source;

(B) Major modification;
7

(c) New or reconstructed major source of hazardous air pollutants subject to

the provisions of subsection (m) of this section;

New emission unit with potential emissions of fifteen (15) tons or more

per year of any individual air pollutant;

Modification to an existing emission unit which increases potential

emissions of any individual air pollutant from such unit by fifteen (15)

tons or more per year;

Stationary source or modification that becomes a major stationary source

or major modification solely by virtue of a relaxation in any enforceable

limitation which was established after August 7, 1980, on the capacity of

the source or modification otherwise to emit a pollutant; [or]

Incinerator for which construction cmmnenced on or after June 1, 2009,

except if such incinerator is used:

(i) for the primary purpose of reducing, controlling or eliminating air

pollution, or

(ii) as a ’solid waste incineration unit subject to an emission guideline

issued pursuant to Section 129 of the Act; [.]

(H) .With respect to greenhouse ~as emissions:

(i) New major stationary source that

is a major stationary source for one or more air oo!!utants

other than a~. and

ii. emits or has the notential to emit 75,000 tons or more oer

gear of CO2e and 100 tons per yem" of greenhouse gases;

(ii) _New stationary source that emits, or has the potential to emit, ~

to or greater than 100,000 tons pNLYear of CO2e and one hundred

~100) tons per year of greenhouse ~

(iii) ~r stationary source that

i. is a major stationary source for one or more air pollutants other

than a_;g_eenh~_d_

ii. undertakes a physical change or change in the method of

operation that will result in a net emissions increase that is
equal to or greater than 75,000 tons per gear C02e and !0~0

~ear of gr_eenhouse gases; or

(iv) ~tationar¥ source that emits, or has the potential to emit,

equal to or greater than 100,000 tons per gear of CO2e and one

hundred (100) tons per year of greenhouse gases, when such

stationary source undertakes a physical change or change in the

method of operation that will result in a net emissions increase that

is equal to or greater than 75,000 tons per gear CO2e and 100 tons

elv~.K_ear of ~reenhous~

Subsections 3a(a)(1)(H)(ii] and (iv) shal! take effect July !, 20! ~ or upon

~ [2]

Response: Each of numbered responses below corresponds with the numbered points in

comment 5 above.

DEP should not revise the proposal in response to this comment. DEP appreciates

the commenter’s suggestion that DEP revise the proposal to track the substantive

components of the Tailoring Rule. However, the proposal clearly identifies the

sources that DEP intends to regulate under RCSA section 22a-174-3a, and the

commenter’s suggested format, while different, is not clearly better. DEP is

confident that the regulated community will be able to understand the ten

subparagraphs in RCSA section 22a-174-3a(a)(1).

DEP should not revise the proposal in response to this comment. The commenter

is correct that DEP does not phase-in GHG permitting requirements under the

proposal as EPA does in the Tailoring Rule. All of the sources that will become

subject to regulation as of July 1,2011 according to the step 2 of the Tailoring

Rule will become subject to regulation under DEP’s permitting programs as of the

effective date of this proposal. To avoid a long permitting disruption, DEP is

working to achieve a rapid adoption of this proposal and expects formal adoption

of the proposal in early 2011, perhaps several months before step 2 will begin

under the Tailoring Rule. DEP recognizes that it is not required to subject certain

sources of GHGs to its permitting programs before July 1,2011.

DEP anticipates the practical result of adopting only the step 2 requirements

of the Tailoring Rule to be the same as ifDEP had adopted both steps. The

likelihood that DEP will issue a PSD permit to a source prior to July 1 that

would otherwise not have been a PSD source, but for the omission of step 1 of

the Tailoring Rule, is remote.

To understand the practical result of adopting only the Tailoring Rule’s step 2

requirements, it is important to keep the following information in mind:
9

DEP requested an early SIP submittal deadline of March 1,2011. EPA

cmmot impose the Tailoring Rule FIP until after March 1,2011 and only if

DEP fails to submit a SIP revision by March 1,2011. During the period

from January 2, 2011 until EPA imposes the FIP or approves a SIP

revision submitted by DEP, neither EPA nor DEP will have authority to

issue PSD permits for GHG emissions in Connecticut.

DEP is not aware of any planned new stationary source or modification

that would become a PSD source based solely on the source’s potential

GHG emissions under step 2 of the Tailoring Rule. Such a "major for

GHG" source is the only sort of source that would be subject to a different

permitting result because of DEP’s adoption of only the step 2

requirements. That such a source will become known to DEP after

January 1, 2011 and have any possibility of applying for mad obtaining a

NSR PSD permit prior to July 1, 2011 is highly mflikely given average

NSR PSD permit processing times for major sources.1

The following bullets layer the regulatory adoption process mad EPA approval

timing possibilities on top of Connecticut’s SIP submittal deadline to present

three specific, alternative scenarios for how GHG emissions may be permitted in

Connecticut in 2011:

DEP does not submit a SIP revision to EPA by March 1,~2011, and EPA

immediately imposes its FIP: Any pennits issued between March 2, 2011

and the date on which EPA approves a Connecticut SIP would be issued

jointly by EPA for GHGs and by DEP for all other pollutants. EPA would

issue the GHG portion under the Tailoring Rule, including the phased

requirements. For any PSD permit issued~ the result would be as ifDEP had

adopted the phased approach.

DEP submits its revised SIP to EPA on or before March 1, 2011, and EPA

approves the SIP before July 1: DEP would process and issue any PSD

applications for GHG under Connecticut reqtfirements consistent with step 2

of the Tailoring Rule from the date of SIP approval. As DEP processes fewer

than five NSR PSD applications per year, the issuance of a PSD permit for

GHG during that time period is highly unlikely. The unlikelihood of such a

permit issuance is supported by DEP’s lack of knowledge of any plans for

such a new source or modification, particularly a new source or modification

Current time from receipt of an application to issuance 9f a NSR permit for a major stationary source is

about 365 days. DEP has made a commitment to reduce the length of time to 180 days if certain resources are made

available. However, even the 180-day time to issuance is not possible for a new source or major modification that

has not yet held a pre-applicatinn meeting as of the date of this hearing report.

See DEP’s Permitting Assessment Report (September 30, 2010) for more information about the permit

process and current and goal processing times. The report is available on the DEP website at the following location:

ht ~t. or/de /lib/depjpermits and licenses/assessment/permit assessm~
t0

that would be regulated under step 2 of the Tailoring Rule but not under step

1. DEP now has applications that have been submitted by two "anyway" PSD

sources2 that will need to address GHG emissions after January 1,201 ~. The

projects that are the subject of those two applications are halted for reasons

unrelated to GHG emissions. If either of those permit applications are

processed after January 1,2011, DEP’s decision to adopt only the step 2

requirements will not change the status of those applications since they are

PSD sources on the basis of their non-GHG emissions and so would be

subject to PSD and be required to address GHG emissions under both step 1

and step 2 of the Tailoring Rule.

If either of those two sources completed all of the necessary application and

process steps so that the permit was ready to be issued between January 2 and

March 1, the applicant will experience a delay. However, that delay is

urtrelated to DEP’s decision to skip step 1 requirements and is instead related

to the regulatory adoption process times in Connecticut.

DEP submits its revised SIP to EPA on or before March 1, 2011, and EPA

does not approve the SIP until on or after July 1, 2011: No PSD permits

for GHG would be issued until after July 1,2011 and they would be issued

under DEP’s authority and regulations. Given the administrative obliteration

of the step 1 tir~a, e period, DEP’s lack of step 1 requirements is of no

consequence.

DEP is not required to revise the CGS section 22a-6(h) statement since this

proposal and the federal regulations achiex)e the same ultimate regulatory result.

Furthermore, as a practical matter, there is no impact from the early application of

requirements based on step 2 of the Tailoring Rule, as set out in the scenarios

above.

Finally, EPA developed the stepwise approach to GHG permitting to assess the

cost and burden to permitting authorities and to allow permitting authorities to

develop expertise on GHG permitting while reviewing permits for a subset of the

potential GHG permitting Universe. The phased timing is not intended to assist

the regulated community. DEP is Confident in its ability to address GHG

emissions in the PSD program when DEP has the regulatory authority to so do.

DEP should revise the proposal in response to this comment With the addition of

the word "new," as explained in the response to comment 4.

In step 1 of the Tailoring Rule, GHG sources are subject to the PSD program for GHG emissions if they are

PSD sources "anyway" due to non-GHG emissions. Such "anyway" sot~ces will be subject to PSD for GHG if new

construction or a modification increases GHG emissions by 75,000 tons CO2e or more. In step 1, no source

becomes major for PSD based on GHG emissions.
DEP should not revise the proposal in response to this comment. The colranenter

misinterprets the sources that must meet the mass-based greenhouse gas threshold

under the Tailoring Rule. DEP revised RCSA section 22a-174-33(a)(10) in

response to the Tailoring Rule to include sources of greenhouse gas emissions in

the definition of"Title V source," at greenhouse gas thresholds of 100 tons per

year on a mass basis and 100,000 tons per year CO2e. These thresholds define a

"major source" due to greenhouse gas emissions. RCSA sections 22a-174-

3a(1)(H) and (J) and sections 22a-174-3a(j)(F), (H) and (I) also include a 100 tons

per year mass-based threshold to specify that the regulated source is a major

source of greenhouse gases. A 100 tons per year mass-based threshold should not

be added to the proposal as set out in the commenter’s suggested RCSA sections

22a-174-3a(1)(H)(i), (iii) and (iv). The Tailoring Rule subjects neither new nor

existing major stationary sources ofpolhitants other than greenhouse gases to a

100 tons per year mass-based threshold for GHGs: Since EPA has not yet

established a mass-based significance level for greenhouse gases, the mass-based

threshold for these sources is zero tons per year.

RCSA section 22a-174-3a(j)

6. Comment: DEP should add the following phrase to RCSA section 22a-174-3a(j)(1)(F) to

clarify that BACT for significant-level pollutants is contingent on the source meeting the GHG

thresholds. Without this additional phrase, it could be interpreted to apply BACT to any

significant-level pollutants at any new stationary source without the necessary requirement that

the source is major for GHGs. [1]

°’From each new stationary source, potential emissions of 100,000 tons or more per year

of CO2e and potential emissions of one hundred (100) tons or more per year of

greenhouse gases and, _from such a source, potential emissions of each air pollutant above

the significant emission rate threshold in Table 3a(k)-I of this section."

Response: DEP agrees that without the necessary requirement that the source be major for

GHGs, RCSA section 22a-174-3a(j)(1)(F) could be interpreted t9 apply BACT to pollutants

emitted at significant levels from any new stationary source. RCSA section 22a-174-3a(j)(1)(F)

should be revised, as follows:

Potential emissions of 100,000 tons or more per year of CO2e and potential

emissions of one hundred (100) tons or more per year of ~reenhouse gases

~ from each new stationary source~ and, from such a source, ,Ootentia4

emissiev~f 100,0 ............... ~v~ - "~" " "

o,~ ~...~,4~.~ ...... ~otential

emissions of each air pollutant above the significant emission rate threshold in

Table 3a(k)-I of this section;

7. Comment: RCSA sections 22a-174-3a(~)(1)(O), (H) and (I) are written slightly different for

modifications due to gree~house gas emissions than sections 22a-174-3a(j)(1)(B) and (D) which
deal with modifications from other pollutants. When a source is modifying, the new RCSA

sections 22a-174-3a(j)(1)(G), (H) and (I) appear to include a source’s existing potential

emissions when determining the threshold for BACT and do not limit the emissions increase

calculation to emissions just from the change. This is more stringent than 40 CFR

51.166(b)(iv)(b) and (v)(b) require, and Connecticut is free to adopt more stringent requirements

than federal regulations require, but tins additional stringency is not required as a matter Of

federal law. Cf. RCSA section 22a-174-3a(1)(J). If Connecticut desires to revise these sections

to match minimal federal requirements, the following changes are suggested:

 ̄ Divide section (G) into separate numbered clauses to match (H) and (I).

 ̄ In each of (G)-(I), order the three numbered clauses so that the "undertakes"

clause is listed last.

In each of (G)-(I), revise the "undertakes" clause to specify that the change causes

the referenced increase in potential emissions. [ 1 ]

Response: DEP should revise the proposal in response to this comment as DEP did not intend to

be more stringent than 40 CFR 51.166(b)(iv)(b) and (v)(b). DEP intends to require BACT in

RCSA sections 22a-174-3a(j)(1)(G),(H) and (I) based on a source’s potential emissions due to a

physical change or a change in the method of operation.

As part of the effort to be consistent with the Tailoring Rule, DEP should revise subparagraph (I)

to address the lack of a 75,000 tons per year potential emissions increase of CO2e linked to the

modification, which is a prerequisite to addressing BACT for the non-GHG emissions that may

increase as a result of the modification. Subparagraph (I) is addressing the requirements of 40

CFR 52.21(b)(49)(v)(b). The type of source that would be regulated is a source that is a minor

source for traditional pollutants but is major for GHG. After the modification, the first step to

addressing emissions increases is to consider increases in the CO2e emissions, and, if CO2e

emissions are 75,000 tons or more per year, apply BACT to GHG. If the modification also

causes an increase in a non-GHG pollutant above the significant emission rate thresholds of

Table 3a(k)-l, such a non-GHG emissions increase would also be subject to BACT.

Because Connecticut requires a minor source that makes a modification that results in an

increase of any regulated pollutant of 15 tons per year or more to address BACT for that

pollutant, this clarification to our regulations has a practical impact in only a few cases. In other

states that lack Connecticut’s minor source BACT requirements, if a modification resulted in an

increase in emissions of a non-GHG pollutant above the significant emission rate threshold but

 ̄ did not cause an increase in GHG emissions of at least.75,000 tons per year, the source owner

would not be required to address BACT for the non-GHG pollutant.

Also, the hearing officer is correcting a misprint by replacing ’°; or" with "." at the end of the last

subclause of RCSA section 22a- 174-3 a(j)( 1 )(I).

Accordingly, subparagraphs (O), (H) and (I) of RCSA section 22a-174-3a(j)(1) should be

revised as follows:
13

Potential emissions of 75,000 tons or more per veal of CO2e from each maio~

staticzmW scurce ~ physical change or a change in the method of

operation of a major stationary source;

Potential emissions of 75,000 tons or more per year of CO2e from each physical

chan~e or ch~n~e in the method of operation of a stationary source, ~-where

such stationary source:

Emits or has the~otential to emit equal to or greater than 100~000 tons

year CO2e, and

i~(ii) Emits or has the potential to emit equal to or greater than one hundred

(100) tons or more ~ o_~reenhouse gases; or

Potential emissions of 75,000 tons or more per year of CO2e and potential

emissions of each air pollutmat above the si~tificant emission rate thresholds in

Table 3a(k)-I of this section from each physical chan~e or chan~e in the

method of operation of a statlonarg source, ~ where suh stationary source:

Emits or has the~potential to emit equal to or greater than 100 000 tons

~ear CO2e~ and

Emits or has the potential to emit equal to or greater than one hundred

(100) tons or more per yea~ of greenhouse gases~-o~.

8. Comment: Given the complexity of the existing PSD program, it would be best to provide

for as much clarity as possible, and limit the added complexity from the pending proposed

revisions. The text in RCSA section 22a-174-3a(j)(1), already dense and difficult to assess,

becomes that much more so by addition of GHG emissions. However, the content of RCSA

section 22a-174-3a(j)(1) is essentially variations on a single theme, mad can be set out more

coherently in a table format, as set out below.

In addition, there seem to several instances where additional language is needed to make the

proposed RCSA section 22a-174-3a(j)(1) consistent with the Tailoring Rule, al~d with the iest of

the proposed regulatory revisions:

The criterion for proposed RCSA section 22a-174-3a(j)(1)(E) seems incomplete,

in omitting the condition that the new major stationary source must be major for

an air pollutant other than GHG.
14

B. For proposed RCSA section 22a-174-3a(j)(1)(G), the provision omits the 100

tons/year GHG threshold to accompany the 75~000 tons/year CO2e threshold.

C. For proposed RCSA section 22a-174-3a(j)(1)H), the provision omits the causal

linkage between the change and the 75,000 tons/year emissions increase.

These points are addressed in the table below.

See. 7. Section 22a-174-3a(j)(1) of the Regulations of Connecticut State Agencies is

amended as follows:

(1) An owner or operator shall incorporate BACT for _the potential emissions s~

Table 3a(i)(1). and subiect to all applicable conditions in such table:

Table 3a(j)(1)

Emissions subject to BACT

(A)

(B)

(c)

(D)

New major stationary Any air

source pollutant

Major modification to a Any air

major stationary source pollutant

Each new emission unit IAny air

pollutant

Modification to each Any air

existing emission unit pollutant

Ne a’or stati ar CO2e and

source that is in~i~ ~

air olluta other than ~

New stationary s~

Major stationary source

_~gt~ndertakes a physical

chan_e rachan ei the

CO2e and

Crree~fiaouse

ago,S_~

CO2e and

Greenhouse

g~ases~

The significant emission rate thresholds in

Table 3a(k)-1 of subsection (k) of this

section

The significant emission rate thresholds in

Table 3a(k)-i of subsection (k) of this

section. (Note: where applicable, BACT

applies to each individual emission unit that

is being modified as part of such major

modification.)

_> 15 tons!year

_>15 tons/year

B~2e: >75,000 tons/year, and

GHG: _>100 tons/year

_Both CO2e: >100,000 tons/year, and

Emission increase from such change_.’."

- C~O2e: >75.000 tons/year, and

- GHG: >100 tons/year
15

method of ot~eration

Stationary source that Emission increase from such chance:

meets the following Gree__nhouse - CO2e: >75_ 000 tonsJye~ ~_d_d

criteria: -~G_I-IO: >100 tons/vea_r

(~)Mndertakes a vhvsica_l

chan~e or a chance in the

method of operations, and~

(2) has potential or actual

emissions of eaual to or

greater than 10~

of C02e and 100 to~t0_~"

greenhouse ease_s s~e~e.

Note)

S3~i_onarv source that ~ ~nificant emission rate thresholds in Table

l(j_~_Mertakes a physical p_o!llutant

~or a chance in t_h~

method of operations, and_;

2~ential or acma__l

emissions of eq~

greater than 100,~

of CO2e and 100 to_ns_s_o_f

~reenhouse eases

Note: Effective Ju!y 1,2011 or upon adoption, if later.
16

Response: DEP appreciates the commenter’s efforts to make the rule clearer, and presumably,

improve compliance and the accuracy of permit applications. However,.DEP declines to put the

BACT thresholds within RCSA section 22a-174-3a(j)(1) into tabular form. DEP believes that

the existing regulatory text is clear and precise. If the commenter finds it helpful to organize

regulatory requirements in tabular form as a heuristic device, he is welcome to so do.

DEP does appreciate the commenter’s comparison of our requirements with the Tailoring Rule,

and we respond to the points raised in order:

A4 DEP should not revise the proposa! in response to this comment as the "omission"

the commenter identifies is intentional. The c0mmenter distinguishes between

"major stationary source" and "major stationary source for one or more air

pollutants other than a greenhouse gas." This is not necessary since DEP did not

revise its definition of"major stationary source" in RCSA section 22a-174-1 of

the proposal to include greenhouse gas emissions.
17

DEP should not revise the proposal in response to this comment as a 100 tons per

year mass-based threshold is not an appropriate addition to RCSA section 22a-

 ̄ 174-3a(j)(1)(G). The Tailoring Rule does not subject sources undergoing a

physical change or a change in the method of operation to a mass-based threshold

of 100 tons per year of greenhouse gases. EPA has not established a mass-based

significance level for greeithouse gases, so the mass-based screening level is zero

tons per year.

DEP agrees that proposed RCSA sections 22a-174-3a(j)(1)(G), (H) and (I) Could

be interpreted to determine BACT based on a source’s existing potential

emissions instead of a source’s potential emissions due to a physical change or a

change in the method of operation. DEP intended the latter and so should revise

RCSA sections 22a-174-3a(j)(1)(G), (H) and (I) as set out in the response to

comment 7.

RCSA section 22a-174-3a(k)

9. Comment: RCSA section 22a-174-3a(k)(1)(A) should be revised to address the scenario of

40 CFR 51.166(b)(iv)(a). PSD reqnirements for GHG emissions apply at a new major statiunary

source ofa non-GHG pollutant where the GHG emissions are 75,000 tons per year CO2e. While

the BACT provisions at RCSA section 22a-174-3a(j)(1)(E) apply BACT in this situation,

revisions to RCSA section 22a-174-3a(k) applicability provisions may be necessary to ensure

coverage of other provisior~s in RCSA section 22a-174-3a(k). [1]

Response: DEP should revise the proposal by the addition of new subparagraph (C) to make it

clear that a source that is major for a non-GHG pollutant is also subject to PSD for GHG, ifGHG

emissions are at least 75,000 tons per year CO2e. RCSA section 22a-174-3a(k)(1) should be

revised as follows:

(1) The provisions of this subsection shall apply to the owner or operator of any new_."

[major stationary source for each criteria air pollutant that is significant from such new

major stationary source located in an attainment area or unclassified area for such

pollutant.]

Maior stationary source for each air pollutant emitted at a leve! equal to or gneater

than the threshold designated in Table 3a(k)-I from such new major stationary

source located in an attainment area or unclassified area for such pollutant;-or

Stationary source thai for greenhouse gases, if the source emits, or has the

potential to emit, equal to or ~reater than 100,000 tons per year of CO2e and one

hundred 100 tons er earof reenhouse~ases~;or

I~J Ma,ior stationary source:
18

For each air pollutant emitted at a level equal to or greater than the

threshold designated in Table 3a(k)-I from such new ma~or stationar~

source located in an attainment area or unclassified area for such

pollutant, and

For greenhouse gases, if the source emits~ or has the potential to emit,

equal to or greater than 75,000 tons per year of CO2e.

10. Comment: RCSA section 22a-174-3a(k)(4) should be modified to not only apply to a "new

major stationary source or modification," but also to apply to the additional scenarios addressed

by RCSA section 22a-174:3a(j)(1)(E)-(I), so as to require BACT for GHG and, when

appropriate, BACT for non-GHG pollutants when triggered by GHG emissions. [1]

Response: Subdivision (4) of RCSA section 22a-174-3a(k) was not included in DEP’s original

proposal. The subject of subsection (k)(4), BACT for major stationary sources, was clearly set

out in reference to GHG emissions as an intended result of this proposal. Given that sufficient

notice was provided for EPA’s recommended change, DEP should include revisions to

subsection (k)(4) in its proposal, modified to encompass all the scenarios proposed for inclusion

in RCSA section 22a-174-3a(j)(1). RCSA section 22a-174-3a(k)(4) should be revised as

follows:

(4) The owner or operator ofa ~ew major stationary source~ or-major modification or

stationary source subject to this subsection shall install BACT as approved by

the commissioner in accordance with subsection (j) of this section.

11. Comment: RCSA section 22a-174-3a(k)(5) should be modified to require ambient

monitoring for GHG emissions that exceed 75,000 tons per year CO2e, in accordance with 40

CFR 51.166(m)(i)(a)-(b). [1]

Response: DEP appreciates EPA’s attention to requiring the full array of PSD requirements for

GHG emissions, including the ambient monitoring requirements of 40 CFR 51.166(m).

However, rather than include ambient monitoring for GHGs, DEP is requesting that EPA allow

Connecticut a universal exemption from RCSA section 22a-174-3a(k)(5) for GHGs emitted by

major stationary sources and major modifications, under the authority of 40 CFR

51.166(i)(5)(iii), which allows for such an exemption for a pollutant that is not listed in 40 CFR

51.166(i)(5)(i).

In anticipation that this request for exemption will be granted, DEP should make no revision to

the proposal.

12. Comment: As with RCSA section 22a-174-3a(j)(1), RCSA section 22a-174-3a(k)(1)

essentially consists of variations on a theme, and can be set out more coherently in a table

format:
19

Sec. 8. Subdivisions (1) and (2) of section 22a-174-3a(k) of the Regulations of Connecticut

State Agencies are amended as follows:

(1) New sources. The provisions of this subsection shall apply to the owner or operator of

may of the following sources, under the conditions as set out for that source in Table 3a(k)-New:

 _or

source

~ionary somce

pollutant emissions

Actual or

9otent

_emissions

~ rate

subsection (k) of_

2_Q~: >100 oOQ ---

Greenhouse ~

i, Source must

~d in an

attalmlrent area

pr unclassified

area for the

~ollutant

(2) Modifications. The provisions of this subsection shall apply to the owner or operator of

any _of the fol!owing, mrder the conditions as set out for that source in Table 3a(k)-Modification:

~k)-Modificati_o_~

s6tirde 6f ~mi_s~onS: ;

Maior stationary source

~N3_t~dertakes ~

modification

~stationar¥ source_

that undertakes a

D~hysical change o__r

chanNe in the method of

operation

Stationary sour~_e, that

of:i’

C02____e_

CO2e

i. Actual

_emissions: and

e~i~oIls

increase

Net emission_s

increas, e

Net emissions.

£ox~_A_C_T=."

~h of actual

emissions and net

emissions increase_i

emission rate

t_~esho!ds in Table

this section

>75 000 tq~ns/ ear

~ust

belocate nan

attairmaent area

or unclassified

.area for the

pollutant
2O

emits or has the

potentia! to emit

>_100,000 tons/gear of

CO2e and > 10~0

undertakes a physical

_change or change in thee

metB_~o d~ .of_ooer ation

increase

~missions kncr~e ~at ix equal to or grouter than ~e significm~X

h~esh¢!ds in Takla 3a(k) 1 of ttgseagsecticn.] Maicr stationary

~ " ’ " that is ~qu~ to or ~reater than 75,000 tons par~ea~
21

Response: DEP should not revise the proposed language in response to this comment. As

drafted in the proposal, RCSA section 22a-174-3a(!0 is broken into subparagraph (1) for new

sources and subparagraph (2) for modifications. The regulatory language is clear and, revised as

recommended in response to comment, is consistent with the Tailoring Rule. While different

than the proposed text, the tables offered by the commenter provide no recognizable advantage.

V. Conclusion

Based upon the comments addressed in this Hearing Report, I recommend the proposal be

revised as recommended herein and that the recommended final proposal, included as

Attacl-wnent 3 to this report, shall be gubmitted by the Cmranissioner for approval by the

Attorney General and the Legislative Regulations Review Committee and upon adoption, be

submitted to the U.S. Environmental Protection Agency as a revision to the State Implementation

Plan.

Date
ATTACHMENT 1

Federal Standards Analysis Pursuant to Section 22a-6(h) of the General Statutes

Amendment Concerning Greenhouse Gas Emissions and Air Quality Permitting

Pursuant to section 22a-6(h) of the Connecticut General Statutes (CGS), the ColInnissioner of the

Department of Enviromllental Protection (the Department) is authorized to adopt regulations

pertaiuing to activities for which the federal goverrmaent has adopted standards or procedures.

At the time of public notice, the Commissioner must distinguish clearly all provisions of a

regulatory proposal that differ from federal standards or procedures either within the regulatory

language or through supplemental documentation accompanying the proposal. In addition, the

Commissioner must provide an explanation for all such provisions in the regulation-making

record required under CGS Title 4, Chapter 54 and make such explanation publicly available at

the time of the notice of public hearing required under CGS section 4-168.

In accordance with the requirements of CGS section 22a-6(h) the following statement is entered

into the public administrative record regarding the proposed revision of sections 22a-174-1, 22a174-33(a)(7), 22a-174-33(a)(10), 22a-174-33(d)(1) and (2), 22a-174-3a(a)(1), 22a-174-3a(d)(3),

and 22a-174-3a(j)(1) of the Regulations of Cormecticut State Agencies (RCSA):

The proposed revisions are to Connecticut’s New Source Review Prevention of Significant

Deterioration (NSR PSD) and Title V air quality permitting programs. Both of these air

permitting programs are currently approved by the U.S. Environmental Protection Agency (EPA)

as meeting minimum federal requirements. EPA recently revised the requirements for these two

programs to define when air quality permits under NSR PSD and Title V are required for

greenhouse gas emissions from new and existing stationary sources. See Prevention of

Significant Deterioration and Title V Greenhouse Gas Tailoring Rule [75 FR 31514; June 3,

2010] [the Tailoring Rule]. The proposed revisions to the air permitting programs incorporate

the requirements of the Tailoring Rule, as set out in 40 CFR 51, 52, 70 and 71. Overall, the

proposed revisions trigger air quality permitting requirements for the same sources that would be

regulated if the federal requirements applied in Connecticut. The proposed revisions differ in

certain respects from the approach used in the Tailoring Rule to achieve the same outcome in

permitting. The specific similarities and differences are as follows:

The Department revised RCSA section 22a-174-1 to include new definitions for "carbon dioxide

equivalent emissions" and "greenhouse gases." These two defmitions are nearly identical to the

definitions for these terms that EPA included in the Tailoring Rule.

The Department did not adopt the Tailoring Rule’s approach to including greenhouse gases in its

air quality permitting programs. The Tailoring Rule’s defiuition of"subject to regulation"

authorizes EPA to regulate greenhouse gases under the federal PSD NSR and Title V permit

programs. Rather than adopt the term "subject to regulation," for the Title V program, the
Department added greenhouse gases to the list of air pollutants in the definition of "regulated air

pollutant" under section 22a-174-33(a)(7). "Regulated air pollutant" is the term that defines

those pollutants subject to Title V permitting and reporting.

To include greenhouse gases in the NSR PSD program, the Department added applicability

thresholds for greenhouse gases to sections 22a-174-3a(a)(t), 22a-174-3a(d)(3), and 22a-174-

3a(j)(1). The revision to section 22a-174-3a(j)(1) includes the equivalent of a significant

emission rate threshold to define the amount of greenhouse gas emissions that trigger Best

Available Control Technology requirements.

The proposed revisions incorporate the same applicability thresholds for greenhouse gas

emissions that define sources subject to the NSR PSI) and Title V permit programs that EPA set

out in the Tailoring Rule in 40 CFR 51, 52, 70 and 71. Thus, the proposed revisions are

substantially identical to the federal requirements in the regulatory provisions and identical in

result.

September 1, 2010

Date

Merrilv A. Gere

Merrily A. Gere

Bureau of Air Management
ATTACHMENT 2

Proposed Regulatory Amendment
Proposed Regulatory Revisions to Include GtlGs in

Title V and NSR PSI) Permitting Programs

Section 1. Section 22a-174-1 of the Regulations of Connecticut State Agencies is amended as

follows:

Except as may otherwise be provided, as used in Section 22a-174-1 to 22a-174-200, inclusive, of

the Regulations of Connecticut State Agencies, the following definitions apply. Unless

otherwise indicated, references to the Code of Federal Regulations mean the Code of Federal

Regulatinns in effect as of March 15, 2002:

(1) "Act" means the Federal Clean Air Act, 42 USC Sections 7401 to 767 lq and Public Law

101-549.

(2) "Actual emissions" ha~ the same meaning as in 40 CFR 5 I. 165(a)(1)(xii)(A) to (E),

inclusive.

(3) "Administrator" means the Administrator of the United States Environmental Protection

Agency.

(4) "Affected state or states" means the Commonwealth of Massachusetts, the States of New

YOrk, Rhode Island and any other state located within fif~¢ (50) miles ofa Co~mecticut Title V

source.

(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, except in

accordance with regulations adopted pursuant to sections 22a-174d, 22a-174j, or 22a-200b of the

Comaecticut General Statutes; the noble gases (helium, neon, argon, krypton, xenon or radon);

uncombined water vapor or water droplets; molecular hydrogen expressed as H2; or molecular oxygen

expressed as 02 or nitrogen.

(6) "Air pollution" means the presence in the 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 likely

to be, injurious to public welfare or the environment, to thg health of human, plant or animal life,

or to property, or as unreasonably to interfere with the enjoyment of life and property.

(7) "Air pollution control equipment" means any equipment which is designed to reduce

emissions of air pollutants from a stationary source.

(8) "Allowable emissions" means "allowable emissions" as defined in 40 CFR

51.165(a)( 1 )(xi).

(9) "Ambient air" means that portion of the atmosphere, external to buildings, to which the

generalpublic has access.

(10) "AAQS" or "Ambient air quality standard" means any standard which establishes the

largest allowable concentration of a specific pollutant in the ambient air of a region or subregion

as established by the United States Environmental Protection Agency or by the commissioner

and which is listed in section 22a-174-24 of the Regulations of Cormecticut State Agencies.

(I I) "Architectural coating" means a 6oaring used for residential or commercial buildings and

their appurtenances, or industrial buildings, or other outdoor structures.
(12) "ASTM" means the American Society for Testing and Materials.

(13) "Attainment" means that the quality of the ambient air, as determined by the

Administrator, meets the Ambient Air Quality Standards for a given air pollutant.

(14) "Attainment area" means a geographic area which has been designated by the

Administrator as attainment pursuant to 40 CFR 81 in accordance with the provisions of 42 USC

7407.

2

(! 5) "Baseline concentration" means "baseline concentration" as defined in 40 CFR

51.166(b)( 13 )(i) to (ii)(b), inclusive.

(16) "Best Available Control Technology" or "BACT" means an emission limitation,

including a 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, on a case-by-case basis, determines is achievable in accordance with sectioh

22a- 174-3a of the Regulations of Coanecticut State Agencies. BACT may include, without

limitation, the application ofpreducfion processes, work practice standards or available methods,

systems, and techniques, including fuel cleaning or treatment, the use of clean fuels, or

innovative techniques for the control of such air pollutant.

(17) "Begin actual construction" means "begin actual construction" as defined in 40 CFR

51.165(a)( 1 )(xv).

(18) "Biodiesel fuel" means the liquid fuel composed of mono atkyl esters of long-chain fatty

acids derived from vegetable oils or animal fats, which fuel conforms to ASTM D6751-08,

Standard Specification for Biodiesel Fuel Blend Stock for Middle Distillate Fuels, or the current

active version thereof.

(19) "Brush" means shrubs, vegetation or pnmings, the diameter of which is not greater than

three inches at the widest point.

(20) "BTU" means British thermal unit, which is.the amount of heat required to raise the

temperature of one pound of water one degree Fahrenheit.

2.(~) "Carbon dioxide equivalent emissions" or "CO2e" means an amount of GHGs emitted, computed

as follows:

fudividual~, for each of the six component gases, multiply the mass amount of emissions

of the component gas (tons per year) by the gas’s associated ~lobal warming potential

identified in 40 CFR 98, Table A-1 (October 30~

Sum each of the six values resulting from the calculation in subparagraph (A) of this

subdivision to equal the "CO2e."

[(21)] ~ "CAS Number" means the number given to a compound by the American Chemical

Society’s Chemical Abstract Service.

[(22)] ~ "CFR" means the Code of Federal Regulations.

[(23)] 2L2A) "Combustion efficiency" means the percentage calculated in accordance with the

following fo .nnula:
3

CE = [CO21 / [CO] + [CO2] (100)

where: CE = Combustion efficiency in percent;

CO2 = Amount of carbon dioxide;

CO = Amount of carbon monoxide; and

CO and CO2 are both measured in volume units.

[(24)] ~ "Commence operation" means the owner or operator of the statiunary source has begun

or caused to begin, any activity which has the potential to emit any air pollutant.

[(25)] ~ "Commence 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

pursuant to the Act, any regulations adopted thereunder and section 22a- 174- I, et seq. of the Regulations

of Connecticut State Agencies, and has either:

Begun, or caused to begin, a continuous progrmn of physical on-site construction

of the source, subject to the permit issued by the commissioner, withgut any

breaks in such construction of more than eighteen months; or

Entered into binding agreements or contractual obligations to undertake actual

construction of the source within a reasonable time, which cannot be canceled or

modified without substantial economic loss to the owner or operator.

[(26)] 2.(~J) "Commissioner" means the Commissioner of Environmantal Protection, or any member

of the Department or any local air pollution control official or agency authorized by the

Commissioner, acting singly or jointly, to whom the commissioner assigns any function arising

under the provisions of these regulations.

[(27)] ~ "Construction" means "constructiun" as defined in 40 CFR 51.165 (a)(1)(xviii),

[(28)] ~ "CEM" or "Continuous emission monitoring" means a system for continuously

measuring the emissions of any pollutant from a stationary source.

[(29)] ~ "CERC" or "Continuous emissions reduction credit" means a real, qnantifiable, 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 aic pollutant.

[(30)] 3L~) "Criteria air pollutant" means any air pollutant for which an ambient air quality standard

has been established by the Administrator in accordance with Section 107 of the Act.

[(31)] 3~ "Department" means the Department of Environmental Protection.

[(32)] !~) "Dioxin emissions" means the total emissions of polychlorodibenzo-p-dioxins (PCDDs)

and polychlorodibenzofurans (PCDFs) converted to the toxic equivalence mnount of 2,3,7,8-

tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD). For the purposes of this definition, the

commissioner shall determine the 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.
Table 1-1

FORM OF DIOXIN EMISSIONS TEF

monochlorodibenzo-p-dioxin 0

dichlorodibenzo-p-dioxin 0

trichlorodibenzo-p-dioxin 0

2,3,7,8-tetrachlorodibenzo-p-dioxin t.0

Other tetrachlorodibenzo-p-dioxins 0.01

1,2,3,7,8-pentachlorodibenzo-p-dioxin 0.5

other pentachlorodibenzo-p-dioxins 0.005

1,2,3,4,7,8-hexachlorodibenzo-p-dioxin 0.04

1,2,3,6,7,8-hexaehlorodibenzo-p-dioxin 0.04

1,2,3,7,8,9-hexachlorodibenzo-p-dioxin 0.04

other hexaehlorodibenzo-p-dioxins 0.0004

1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin 0.001

other heptachlorodibenzo-p-dioxins 0.00001

octachlorodibenzo-p-dioxin 0

monochlorodibenzofuran 0

dichlorodibenzofuran 0

trichlorodibenzofuran 0

2,3,7,8-tetrachlorodibenzofuran 0.1

other tetrachlorodibenzofurans 0.001

1,2,3,7,8-pentachlorodibenzofuran 0.1

2,3,4,7,8-pentachlorodibenzofuran 0.1
other pentachlorodibenzo furans 0.001

1,2,3,4,7,8-hexachlomdibenzofuran 0.01

1,2,3,6,7, 8-hexachlorodibenzo furan 0.01

2,3,4,6,7,8-hexachlorodibenzofuran 0.01

1,2,3,7,8,9-hexachlorodibenzofuran 0.01

oth~rhexachlorodibenzofurans 0.0001

1,2,3,4,6,7,8-heptachlorodibenzo furan 0.001

1,2,3,4~7,8,9-heptachlorodibenzofuran 0.001

other heptachlorodibenzofurans 0.00001

octachlorodibenzofJaran 0

[(33)] 3~4) "Discharge point" means any stack or area from which a hazardous air pollutant is

released into the ambient air.

[(34)] ~ "Dispersion technique" means "dispersion technique" as defined in 40 CFR 51.100(hh).

[(35)] ~ "Distillate oil" or "distillate fuel oil" means any fuel oil of No. t or No. 2 ga’ades, as

defined by ASTM D396-09, Standard Specification for Fuel Oils, or the current active version

thereof.

[(36)] ~ "DERC" or ’~Disc~rete emission reduction credit" means the real, quantifiable, surplus,

permanent, and enforceable reduction of an air pollutant at a source, which is:

(A)

(B)

[(37)1 ~)

any source.

[(3g)]

Certified by the commissioner through a SIP approved plan; and

Generated during a specified period of time.

"Emission" means the release or discharge of an air pollutant into the ¢tmbient air from

"Emission limitation" and "Emission standard" means" emission limitation" and

"emission standard" as defined in 40 CFR 51.100(z).

[(39)] ~ "Emission unit" means "emission unit" as defined in 40 CFR 51.165(a)(1)(vii).

[(40)] ~ "ERC" or "Emission reduction credit" means real, quantifiable, surplus, permanent, and

enforceable reductions of air pollutant emissions fi’om a source, when such reductions are certified by the

commissioner through a SIP approved plan and recorded as CERCs or DERCs.

[(41)] (.4~) "Excessive concentration" means "excessive concentration" as defined in 40 CFR
6

51.O00( k).

[(42)] 4~ "Federally enforceable" means "federally enforceable" as defined in 40 CFR

51.165(a)(1)(xiv).

[(43)] 4~ "Flare" means an apparatus, device, process, or procedure for the burning of flammable

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

[(44)] 4(.~) "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.

[(45)] ~ "Fugitive dust" means solid.airborne particulate matter emitted from any source other

than through a stack.

[(46)] 41~.4J) "Fugitive emissions" means fugitive dust or those emissions that cannot reasonably pass

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

[(47)] ~ "Good engineering practice (GEP) stack height" means "good engineering practice

(GEP) stack height" as defined in 40 CFR 51.100(ii).

~ "Greenhouse gases" or "GHGs" means the aggregate of the following six component gases"

carbon dioxide (COz)

, methane (CI4q_), nitroug oxide (Nz0), sulfur hexafluoride (S~ a)~Ry

hydroflourocarbon (HFC) or any perfluorocarbon (PFC).

[(48)] ~ "Hazardous air pollutant," except as otherwise provided in section 22a-174-3a of the

Regulations of Connecticut State Agencies, means a substance listed in section 22a-174-29 of the

Regulations of Connecticut State Agencies.

[(49)] 5(~L) "Hazard limiting value" or "HLV" means the highest acceptable concentration of a

hazardous air pollutant in the ambient air, pursuant to section 22a-174-29 of the Regulations of

Connecticut State Agencies. The primary use of this term is in the derivation of the maximum

allowable stack concentration for a source.

[(50)] 5.(~) "Heat input" means the total gross calorific value of all fuels burned, measured in BTU

by ASTM Method D2015-66, D240-64, or D 1826-64, Using the highest heating value of each fuel.

[(51)] ~ "Incinerator" means any device, apparatus, equipment, slab, or structure used for

destroying, reducing, or salvaging, by fire or heat, any material or substance including, but not

limited to, refuse, rubbish, garbage, trade waste, debris or scrap; or facilities for cremating

human or animal remains provided that, for the purposes of this defin!tion, sourcea primarily

combusting the following used oil types are not incinerators;

(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.

[(52)] ~ "Indian governing body" has the same meaning as in 40 CFR 51.166(b)(28).

[(53)] ~ "Indian reservation" means "Indian reservation" as defined in 40 CFR 51.166(b)(27).

[(54)] 5~6.) "Indirect source" means any building, structure, facility installation, or combination

thereof, that has or leads to associated activity as a result of which an a~,:~tutant is or may be emitted
7

fudirect sources include, but are not limited to: shopping centers, sports complexes, drive-in theaters or

restaurants, parking lots’or garages, residenti~l, cm-m-nercial, industrial or institutional buildings or

developments, amusement parks mad other recreational areas, highways, and airports.

[(55)] 5~J) "Indirect source construction pen,nit" means a permit issued by the commissioner

authorizing the construction of an indirect source.

[(56)] ~ "Innovative control technology" means "innovative control technology" as defined in 40

CFR 51. t 66 (b)(19).

[i57)] ~ "Internal offset" means any federally enforceable reduction of actual emissions from one

or more stationary sources on the same premises which are used to offset potential emissions increases

from a proposed stationary source on such premises in accordance with the provisions of section 22a-174-

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

[(58)] ~ "LAER" or "Lowest Achievable Emission Rate" means "lowest achievable emission

rate" as defined in 40 CFR 51.165(a)(1)(xiii).

[(59)] 6(~_1 "Major modification" means "major modification" as defined in 40 CFR 51.165(a)(1)(v),

provided that, for the purposes of this definition, the term "significant" has the same meaning as in 40

CFR 5 !.166(b)(23)(i) and:

(A)

(B)

The values for nitrogen oxides as an ozone precursor and volatile organic

compounds are each twenty-five (25) tons per year, and

Asbestos, beryllimn ~nd vinyl chloride are excluded.

[(60)] 6L~) "Major source baseline date" means January 6, 1975 for particulate matter and sulfur

dioxide and February 8, t988 for nitrogen dioxide:

[(61)] 6~ "Major stationary source" means ~’major stationary source" as defined in 40 CFR

51.165(a)(1)(iv), provided that:

(A)

(B)

A stationary source that emits or has the potential to emit twenty-five (25) tons

per year of volatile organic compounds or nitrogen oxides as an ozone precursor

in any severe ozone nonattainment area is a "major stationary sogrce;" mad

A stationary source that emits or has the potential to emit fifty (50) tons per year

of volatile organic compounds or nitrogen oxides as an ozone precursor in any

serious ozone nonattairmaent area is a "major stationary source."

[(62)] ~ "Malfunction" means "malfunction" as defined in 40 CFR 60.2.

[(63)] 617~) "MACT" or "Maximum achievable control tectmology" 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 Admiulstrator pursuant to 40 CFR 63.

[(64)] 6L~) "Maximum allowable stack concentration" or "MASC" is the maximum allowable

concentration of a hazardous air pollutant in the exhaust gas stream at the discharge point of a stationary

source under actual operating conditions.
8

[(65)] 6L6~ "Maximum 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.

[(66)] ~ "Maximum uncontrolled e~nissions" means the rate of emissions for a source, determined

without the application ofa~r polIution control equipment unless the source is incapable of being operated

without the air pollution control equipment, of a particular air pollutant where such rate is calculated

using:

The maximum capacity of the source unless the commissioner determines that the

source is physically unable to operate at that capacity or unless the maximum

capacity is limited by restrictions on production rates~ hours of operation, or types

of materials processed, stored or eombusted 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.

[(67)] 6L~) ’,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 as identified in

section 22a-174-2a(e) of the Regulations of Connecticut State Agencies.

[(68)] 7L~) "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 [(61)] ~ of this section.

[(69)] 7LTL) "Minor source baseline date" means June 7, 1988 for particulate matter, December 17,

1984 for sulfur dioxide and June 7, t988 for nitrogen dioxide:

[(70)] 7~7~) "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.

[(71)] 7L7~) "Modification" or "modified source" means with respect to a stationary source, any

physical change or change in the method of operation that would result in an exceedance of the allowable

emissions of any individual air pollutant, any increase in the maximum capacity, or

any potential emissions 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

(B) The following shall not be considered a change in the method of operation:

(i) any increase in the production rate, if such increase does not exceed the

operating design capacity of the affected facility and such increase does

not cause or allow an exceedance of the rates or emission limits authorized

by a permit, order, or judgment for such a source, or

(ii) any increase in hours of operation and such increase does not cause or

allow an exceedance of the rates or emissions limits authorized by a

permit, order, or judgment for such source.
9

[(72)] ~ ~’Monitoring" means any action or procedure that is used to determine actual emissions

from a stationary source or compliance with the requirements of any permit, order, statute or regulation.

[(73)] ~ "Net emissions increase" means "net emissions increase" as defined in

40 CFR 51.165 (a)(1)(vi) provided that:

For the purposes of this definition, the phrase "this section" found in

40 CFR 51.165(a)(1)(vi)(C)(2) refers to sections 22a- 174-3a(k) and (1)

of the Regulations of Connecticut State Agencies, and

(13) Any increases or decreases in actual emissions at a stationary source

are creditable only if such increases or decreases occurred within the

previous five (5) years of the present modification.

[(74)] ~ "Nitrogen oxides" or "NOx" means the stun of all oxides of nitrogen, expressed as

nitrogen dioxide.

[(75)] ~ "Non-attainment" means that the quality of the ambient air, as measured by the

commissioner, fails to meet any Ambient Air Quality Standard for a given pollutant for which

such standards have been established by the United States Euvironmental Protection Agency.

[(76)] ~ "Non-attaimnent air pollutant" means the particular air pollutant for which an ca’ca is

designated as a non-attainment area, except that volatile organic compounds and nitrogen oxides are nonattainment air pollutants for ozone non-attainment areas.

[(77)] ~ "Non-attainment area" means a geographic area which has been designated as

nonattainraent pursuant to 40 CFR 81 in accordance with the provisions of 42 USC 7407 (section

107 of the Act).

[(78)] ~ "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 as

identified in section 22a-174-2a(4t) of the Regulations of Cmmecticut State Agencies.

[(79)] ~ "Offset fill pipe" means a fill pipe that has bends or angles such that a straight sleeve

cannot be installed.

[(80)] 8L~2.) "Opacity" means the degree to which emissions reduce the transmission of light and

obscure the view of an object in the background.

[(81 )] ~ "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 tlxrough a

stack or flue.

[(82)] ~ "Operator" means the person or persons who are legally responsible for the operation of a

source of air pollution.

[(83)] ~ "Organic compounds" means any chemical compounds of carbon excluding carbon

monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium

carbonate.

[(84)] ~ "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 in the ambient air.
10

[(85)] 8L~) "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.

[(86)] ~ "PM 10" means particulate matter with an aerodynamic diameter less than or equal to a

nominal 10 micrometers as measured by a reference method 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.

[(87)]

Statutes.

"Permit" means any license issued pursuant to Chapter 446c of the Connecticut General

[(88)]

Statutes.

"Person" means "person" as defined in section 22a-170 of the Connecticut General

[(89)] ~ "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:

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 is practicably enforceable.

[(90)] ~ "Practicably enforceable" means:

Any federally enforceable emission limitation or restriction on potential

emissions; or

(B) Any emission limitation or restriction on the potential emissions set forth in a

permit, order, regulation or statute issued or administered by the Commissioner,

provided such emission limitation or operational restriction:

(i) identifies the subject stationary source or catego~¢ of stationary source,

(ii) specifies an emission limitation 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 or specifies an operational

restriction for such stationary source such as hours of operation or fuel use

restrictions sufficient to calculate the actual emissions from such source,

(iii) specifies appropriate monitoring to determine compliance with such limitation or

restriction specified in accordance with [subparagraph] subclause (ii) of this

[subdivision] ~ provided that if a twelve month rolling average is

selected, the monitoring shrill be CEM or equivalent, and
(iv) if an emission limitation or operational 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] subclanse (ii) of this .

[subdivision] ~ and expressed using the shortest technically and

economically feasible averaging period, in no case longer than a twelve month

rolling average. Ira twelve month rolling average is selected, the monitoring

shall be CEM or equivalent.

[(91)] 9L~) "Premises" means the grouping of all stationary sources at any one location and Owned or

under the control of the same person or persons.

[(92)] 9(_9~ "Process changes to control air pollution" means any modification that alters or

implements productiort processes or available methods, including fuel switching, systems,

techniques, work practice standards, operational standards or a combination thereof which is

designed and implemented for the primary purpose of reducing emissions of air pollutants from a

stationary source.

[(93)] 9~ "Process source" means any operation, process, or activity except:

The burning of fuel for indirect heating in which the products of combustion do

not come ha contact with process material;

(B) The burning of refuse; and

(C) The processing of salvageable material by btmfing.

[(94)] 9.(~) "Reasonably Available Control Technology" or "RACT" means the lowest emission

limitation that a particular stationary source is capable of meeting by the application of cantrol technology

that is reasonably available considering technological and economic feasibility.

[(95)] ~ "Reconstruct" or "reconstruction" means the renovation or re-building of a stationary

source in accordance with the provisions of 40 CFR 60.15. A reconstructed stationary source shall be

considered a new stationary source. The use of an alternative fuel or raw material by reason of an order in

effect pursuant to sections 2(a) and (b) of the Federal Energy Supply and

Enviromnental 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

pursuant to section 125 of the Clean Air Act, shall not be considered reconstruction.

[(96)] ~ "Region" means a Connecticut intrastate Air Quality Control Region or the Connecticut

portion of an interstate Air Quality Control Region as defined by the EPA in 40 CFR 81.

[(97)] ~ "Residual oil" means may fuel oil of No. 4, No. 5, or No. 6 grades, as defined by ASTM

D396-09, Standard Specification for Fuel Oils, or the current active version thereof.

[(98)] ~ "Resources recovery facility" means "resources recovery facility" as defined in section

22a-207(9) of the Connecticut General Statutes.

[(99)] ~ "Ringelmann chart" means the chart published and described in the U.S. Bureau of Mines

Information Circular 8333.

[(100)] ~ "Secondary emissions" mean "secondary emissions" as defined in 40 CFR

51.165(a)(1)(viii).
12

[(101)] 1~ "Serious non-attainment area for ozone" means all towns within the State of Coanecticut,

except tt~ose towns located in the severe non-attainment area for ozone.

[(102)] 1~ "Severe non-attailmaent area for ozone" means the towns of Bethel, Bridgeport,

Bridgewater, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan,

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

Stratford, Trumbull, Weston, Westport and Wilton.

[(103)] ~ "Solid waste" means unwanted or discarded materials, including solid, liquid, semisolid,

or contained gaseous material.

[(104)] ~ "Source" means any property, real or personal, which emits or may emit any air

pollutant.

[(105)] ~ "Stack" means "stack" as defined in 40 CFR 51.100 (if), provided that stack shall also

include a flare.

[(106)] ~ "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 mmHg).

[(107)] ~ "State" as used in the phrase "any other state" means state, region, territory,

commonwealth, military reservation, or Indian reservation.

[(108)] ~ "State implementation plan" or "S~" means a plan required by section 110 of the Act

which has been approved by the Administrator.

[(109)] ~ "Stationary source" means "stationary source" as defined in 40 CFR 51.165(a)(1)(i) and

(ii), provided that any portable emissions unit which is moved from site to site but remains stationary

during operation is a stationary source.

[(110)] ~ "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.

[(111)] ~ "Submerged fill pipe" means any fill pipe the discharge opening of which remains

entirely submerged when the pipe normally used to withdraw liquid from the tank can no longer

withdraw any liquid.

[( 112)] ~ "Subregion" means a subdivision of a Region, as determined by the commissioner.

[(113)] 102~) "Tank" means any vessel for containing liquids or gases.

[(114)] ~ "Title V source" means "Title V source" as defined in 22a-174-33 of the Regulations of

Connecticut State Agencies.

[(115)] ~ "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.

[(116)] ~ "Total suspended particulate" means particulate matter as measured by the method

described in 40 CFR 50, Appendix B.
[( 117)] ~ "Unclassifiable area" means a geographic area which has not been designated either as an

attainment area or a non-attainment area pursuant to 40 CFR 81 in accordance with the provisions of

section 107 of the Clean Air Act.

[(1 ! 8)] ~ "Volatile organic compound" or "VOC" means "volatile organic compound" as defined

in 40 CFR 51.100(s), as amended from time to time.

[(119)] ~ "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 outfail, drainage, or

recovery of such water.

[(120)] ~ "Watercourse" means "watercourses" as defined in 22a-38(16) of the Connecticut

General Statutes.

See. 2. Section 22a-174-33(a)(7) of the Regulations of connecticu~ State Agencies is amended as

follows:

(7) "Regnlated air pollutant" means any of the following:

(A) Nitrogen oxides or any volatile organic compound;

(B) Any pollutant which is a criteria air pollutant as defined in section 22a-174-1 of

the Regulations of Connecticut State Agencies;

(C) Any pollutant emitted by a stationary source which is subject to any standard of

performance for new statianary sources pursuant to 40 CFR 60;

(D) Any pollutant from a substance subject to a stratospheric ozone protection

requirement pursuant to 40 CFR 82, Subpart A, Appendix A or B;

(E) Any pollutant subject to a national emission standard or other requirement

pursuant to 40 CFR 63, and emitted by a source in a category listed in the Federal

Register in accordance with section 112(e)(3) of the Act;

(F) Any pollutant from a stationary soume which is subjeet to any standard or other

reqnirement pursuant to 40 CFR 61; [or]

(O) Any pollutant listed in 40 CFR 68[.] kg~

~ Greenhouse ~

Sec. 3. Section 22a-174-33(a)(10) of the Regulations of Connectlcut State Agencies is amended as

follows:

(10) "Title V source" means any premises at, in, or on which any of the following is located:

(A) Any stationm-y source subject to 40 CFR 60 or 61;

(B) Any stationary source subject to 40 CFR 62, 63 or 68;
14

(C) Any stationary source subject to 40 CFR 72 t9 78, inclusive;

(D) Any stationary source subject to section 129(e) of the Act;

Any one or more stationary sources, which are located on one or more contiguous or

adjacent properties under the control of the same person or persons and which in the

aggregate emit, or have the potential to emit, including fugitive emissions, ten (10) tons

or more per year of any hazardous air pollutant, or twenty-five (25) tons or more per year

of any combination of hazardous air pollutants; or

 ̄ (F) Any one or more stationary sources, which are located on one or more contiguous or

adjacent properties under the contro! 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)0) to (xxvii)] subdivision (2) in the definition of"major source" in

40 CFR 70.2 as of August 2, 2010. of:

(i) one hundred (100) tons or more per year of any regulated air pollutant that is not

a GHQ,

(ii) fifty (50) tons or more per year of volatile organic cgmpounds or nitrogen oxides

in a serious ozone non-attainment area, [or]

(iii) twenty-five (25) tons or more per year of volatile organic compounds or nitrogen

oxides in a severe ozone non-attainment area[; and] ~q~or

100,000 tons or more per year ofGHG (COze basis) and 100 tons or more per

year of GHG (mass basis); 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

22a-207(23) of the Connecticut Genera! Statutes, shall not be considered a Title V

source unless such landfilh [is subject to any applicable requirement identified in

subparagraph (B) or (D) of this subdivision.]

is subiect to any applicable requirement identified in subpara~ral~h

(B) or (D) of this subdivision, or

emits, or has the potential to emit, equal to or ~reater than:

one hundred (100) tons per year of GHG (mass basis), and

~ ! 00,000 tons per year of GHG (COze basis).

See. 4. Section 22a-174-33(d)(1) and (2) of the Regulations of Connecticut State Agencies is

amended as follows:

(1) In lieu of requiring an owner or operator of a Title V source described in 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
15

aggregate potential emissions of regulated air.ggllutants from such premises to less than the following

amounts:

(A) One hundred (100) tons per year of any regulated air pollutant;

Fifty (50) tons per year of volatile organic compounds or nitrogen oxides, in a serious

ozone nonattainment area;

(O Twenty-five (25) tons per year of volatile organio compounds or nitrogen oxides, in a

severe ozone nonattainnaent area; [and]

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 pursuant to 40 CFR 63[.] Lg~

~) ~00 tons per "gear of CO2e.

(2) A permit or order issued pursuant to this subsection shall require the owner or operator of the

subjectpremises to:

Limit potential emissions at such premises to less than the amounts specified in

subparagraphs (A) to [(D)] !~, inclusive, of subdivision (1) of this subsection;

Conduct monitoring, (ecordkeeping, or a combination of monitoring and recordkeeping

sufficient to ensure cdmpliance with such permit;

(O Maintain all records required by such permit or order at the premises for five (5) years

after the creation of such records and make such records available, upon request, to the

commissioner;

Submit compliance certifications to the commissioner pursuant to subdivision (q)(2) of

this section; and

(E) 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 allowed

are quantified.

Sec. 5. Section 22a-174-3a(a)(i) of the Regulations of Connecticut State Agencies is amended as

follows:

(1) Applicability. Prior to beginning actual construction of any stationary source or

modification not otherwise exempted in accordance with subdivision (2)(A) to (C) of this

subsection, the owner or operator shall apply for and obtain a permit to construct and operate

under this section for any:

(A) New major stationary source;

(B) Major modification;

(C) New or reconstructed major source of hazardous air pollutants subject to the

provisions of subsection (m) of this section;
16

(D) New emission unit with potential emissions of fifteen (t5) tons or more per year

of any individual air pollutant;

Modification to an existing emission unit which increases potential emissions of

any individual air pollutant from such unit by fifteen (15) tons or more per year;

Stationary source or modification that becomes a major stationary source or major

modification solely by virtue of a relaxation in any enforceable limitation which was

established after August 7, 1980, on the capacity of the source or modification otherwise

to emit a pollutant; [or]

Incinerator for which construction commenced on or after June 1, 2009, except if

such incinerator is used:

(i) for the primary purpose of reducing, controlling or eliminating air

pollution, or

(ii) as a solid waste incineration unit subject to an emission guideline issued

pursuant to Section 129 of the Act; [.]

Stationa~ source that emits, Or has the potential to emit, equal to or greater than 100 000

~ear of CO2e and one hundred (100) tons’per year of greenhouse ~ases;

Major stationary source when such major stationary, source undertakes a physical change

or chan~e in the method of operation that will result in a net emissions increase that is

equal to or greater than 75,000 tons per year CO2e; or

Stationary source that emits, or has the potential to emit, equa! to or greater than 100,000

tons per year of CO2e and one hundred (100) tons per,/ear of greenhouse gases, when

such stationary source undertakes a physical chan~e or change in the method of operation

that will result in a net emissions increase that is equal to or greater than 75,000 tons pe~r

year CO2e.

See. 6. Section 22a-174-3a(d)(3) of the Regulations of Connecticut State Agencies is amended as

follows:

(3) Before issuance of a permit or permit modification, the owner or operator shall

demonstrate, to the satisfaction o~’the commissioner, that, with respect to the construction

and operation of the subject stationary source or modification, the owner or operator

shall:

(B)

Construct and operate such stationary source or modification in

accordance with the permit, and operate such stationary source or

modification in accordance with all applicable and relevant emission

limitations, statutes, regulations, schedules for stack tests, and other order

of the commissioner. In the event a conflict exists between the permit and

another state or federally enforceable statute, regulation or order of the

commissioner, the most stringent provision shal! apply;

Operate such stationary source or modification without preventing or

interfering with the attainment or maintenance of any applicable ambient
17

(c)

(E)

(K)

air quality standards or any Prevention of Significant Deterioration

increments under subsection (k) of this section;

Ope~’ate such stationary source or modification without preventing or

interfering with the attainment or maintenance of any National Ambient

Air Quality Standard in any other state and without interfering with the

application of the requirements in any other state’s implementation plan,

adopted pursuant to section 110 of the Act;

Operate such stationary source or modification in accordance with all

applicable emission standards and standards of performance pursuant to

40 CFR Parts 60, 61, and 63, as maybe amended from time to time;

Install:

(i) sampling ports of a size, number and location as the commissioner

may reasonably require,

(ii) instrumentation to monitor and record emission and other

parameter data as the commissioner may require, and

(iii) such other sampling and testing facilities as the colmnissioner may

require;

As the commissioner may require, conduct stack tests at the expense of

such owner or operator, in accordance with subsection (e) of this section,

and in accordance with permit conditions and methods prescribed by the

commissioner. Such stack tests Shall demonstTate, to the commissioner’s

satisfaction, that the requirements of each and every applicable permit or

order of the commissioner for such stationary source or modification are

being met and that such stationary source or modification complies with

the Regulations of Connecticut State Agencies and federal requirements;

Pay all fees required by the Department within forty-five (45) days of

receipt of a tentative determination of the commissioner;

Incorporate Best Available Control Technology (BACT), as directed by the

commissioner, for greenhouse gases and each [individual] air pollutant listed in Table

3a k__~.~)~)_snhject to, and in accordance with, subsection (j) of this Section;

Incorporate the lowest achievable emission rate (LAER), as directed by

the commissioner, for each [individual] air pollutant subject to, and in

accordance with, subsection (/) of this section;

Incorporate the maximum available control tecMology (MACT), as

directed by the commissioner, for each [individual] air pollutant subject to~

and in accordance with, subsection (m) of this section;

As required by the commissioner, install monitoring equipment and

perform monitoring to demonstrate compliance with any permit provision.

Such monitoring may include, but not be limited to, continuous emission

monitoring (CEM);
18

(L) Provide the commissioner with current information regarding air pollutant

emissions from such stationary source or modification, and in accordance

with the commissioner’s request, submit updated" and current information

regarding air pollutant emissions from any other stationary sources located

on the applicable premises;

(M) Comply with any applicable maximum allowable stack concentration or

other emission limitation of section 22a-174-29 of the Regulations of

Connecticut State Agencies, as may be amended;

Demonstrate that the emission limitation required of such stationary

source or modification for the control of any air pollutant shall not be

affected by that portion of the stack height of such stationary source or

modification that exceeds good engineering practice stack height or by any

other dispersion technique;

(o) Comply with an approved operation and maintenance plan submitted

pursuant to subsection (e)(2) of this section;

(P) Have completed and submitted, on forms prescribed by the commissioner,

a pre-inspection questionnaire, if requested to do so by the commissioner,

which describes the equipment, processes and materials used;

(Q)

(R)

Make the permit available at the subject premises throughout the period

that such permit is in effect; and

Comply with the applicable provisions of this section and any other

applicable regulations, permits or orders of the commissioner for such

stationary source or modification.

See. 7. Section 22a-174-3a(j)(1) of the Regulations of Connecticut State Agencies is amended as

follows:

" (1) An owner or operator shall incorpora~te BACT for:

(A) Potential emissions of each [regulated] air pollutant above the significant

emission rate thresholds in Table 3a(k) -1 of subsection (k) of this section, from each

new major stationary source;

(B) Potential emissions of each [regulated] air pollutant above the significant

emission rate thresholds in Table 3a(k) -1 of [subsection (k) of] this section,

from each major modification. This requirement applies to each individual

emission unit that is being modified as part of such major modification;

(c) Potential emissions of fifteen (15) tons or more per year of any [individual]

air pollutant, from each new emission unit; [and]

(D) Potemial emissions of fifteen (15) tons or more per year of any [individual] air

pollutant, from a modification to each existing emission unit~[.]

Potential emissions of 75,000 tons or more per gear of CO2e from each new maj~

stationary source;
19

From each new statibn~potential emissions of 100,000 tons or more per’/eat" of

CO2e and potential emissions of one hundred (100) tons or more per year of greenhouse

~ potential emissions of each air pollutant above the significant emission rate

threshold in Table 3a(k)-I of this sectionl

Potential emissions of 75,000 tons or more per year of CO2e from each maior stationary

source that undertakes aRh.yhyh sical change or a change in the method of~

Potential emissions of 75~000 tons or more per year of CO2e from each stationary source

that:

Undertakes a physical change or a chang~ in the method of oN

Emits or has the potential to emit equal to or greater than 100,000 tons per ~

CO2e~ and

Emits or has the potential to emit equal to or greater than one hundred ~ tons

or more per year o~greenhouse gases; or

Potential emissions of each air pollutant above the significant emission rate thresholds in

Table 3a(k)-I of this section from each stationary source that:

Undertakes a p~sical change or a change in the method of operatio~

Emits or has the potential to emit equal to or greater than 100,000 tons pe~r ~

CO2e~ and

Emits or has the potential to emit equal to or greater than one hundred (100) tons

or more per year of greenhouse gases; or

See. 8. Subdivisions (1) and (2) of section 22a-174-3a(k) of the Regulations of Connecticut State

Agencies are amended as follows:

(1) The provisions of this subsection shall apply to the owner or operator of any new: [major

stationary source for each criteria air pollutant that is significant fi’om such new major stationary source

located in an attainment area or unclassified area for such pollutant.]

Maior stationary source for each air pollutant emitted at a level equal to or greater than

the threshold designated in Table 3a(k)-I from such new maior stationary source located

in an attainment area or unclassified area for such~

Stationary source that emits, or has the potential to emit, equal to or~greater than 100~000

tons per year of CO2e and one hundred (100) tons per 5,ear of greenhouse gases.

(2) The provisions of this subsection shall apply to the owner or operator of any [major modification

for each criteria air pollutant from such major modification located in an attainment area or 1reclassified

area for such pollutant, that has]:

(A) [Actual emissions that are equal to or greater than the significant emission rate thresholds

in Table 3a(k)-I of this subsection; and] ~ior modification for each air pollutant from

such maior modification located in an attainment area or unclassified area for such

pollutant, that has_."
20

(B)

Actual emissions that are equal to or greater than the significant

emission rate thresholds in Table 3a(k)-I of this subsection, and

A net emissions increase that is equal to or greater than the simaificant emission

rate thresholds in Table 3a(k)-i of this subsection;

[A net emissions increase that is equal to or greater than the significant emission rate

thresholds in Table 3a(k)-I of this subsection.] Maior statiouarv source when such maj9£

stationary source undertakes a physical change or change in the method of operation that

will result in a net emissions increase that is equal to or greater than 75,000 tons per year

CO2e; or

Statiouar7 source that emits, or has the potential to emit, equal to orb’eater than 100,000

tons per year of CO2e and one hundred (100) tons per year of greenhouse gases, when

such stationary source undertakes a physical change or change in the method of ol?eration

that will result in a net emissions increase that is equal to or greater than 75,000 tons_per

year CO2e.

Statement of Purpose:

The Department of Envirortmental Protection (DEP) is proposing this amendment to.regulate greenhouse

gas emissions in DEP’s air quality permitting programs as required by the U.S. Environmental Protection

Agency (EPA) in Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule (75

FR 31514; June 3, 2010; hereafter, the Tailoring Rule). EPA recently concluded that greenhouse gases

constitute air pollutants that endanger the public health and welfare and are subject to regulation under the

Clean Air Act. EPA proposed the Tailoring Rule to limit the issuance of air quality permits only to the

largest stationary sources of greenhouse gas emissions; such sources include large industrial and

educational facilities, large landfills and power plants. Absent the thJcesholds of the Tailoring Rule, many

state permit programs would automatically regulate very small sources of greenhouse gases, because

greenhouse gases would be regulated at the emissions thresholds developed for traditional pollutants.

Connecticut does not automatically regulate new pollutants, so this amendment is required to provide for

the permitting of greenhouse gas emissions.

The amendment consists of the addition of definitions of "greenhouse gases" and "carbon dioxide

equivalent emissions" to the air quality regulations plus levels of greenhouse gas emissions that require a

source owner to apply for a permit under DEP’s new source re~iew prevention of siguificant deterioration

(NSR PSD) and Title V operating permit programs. Beyond the requirement to obtain a permit, the

amendment does not include any emissions standards or control requirements for greenhouse gases.

As a result of the amendment, a number of existing sources, which DEP estimates is less than 20, will

either need to modify existing permits to include greenhouse gases or obtain new permits based strictly on

emissions of greenhouse gases. One or two new businesses may also be required to apply for and obtain

an air quality permit based on greenhouse gas emissions, although DEP does not have sufficient

information to estimate the number of such new sources. The Tailoring Rule requires that Connecticut

adopt the necessary requirements as of January 2, 2011, or EPA will impose the requirements directly on

Connecticut sources through a Federal Implementation Plan (FIP). Such a FIP would result in dual

permitting by EPA and DEP, which could significantly slow the issuance of permits and modifications

and increase costs to Connecticut businesses.
ATTACHMENT 3

Final Text of Amendment,

Based on Recommendations in the Hearing Officer’s Report
Section 1. Section 22a-174-1 of the Regulations of Connecticut State Agencies is amended as

follows:

Except as may otherwise be provided, as used in Section 22a-174-1 to 22a-174-200, inclusive, of

the Regulations of Connecticut State Agencies, the following definitions apply. Unless

otherwise indicated, references to the Code of Federal Regulations mean the Code of Federal

Regulations in effect as of March 15, 2002:

(1) "Act" means the Federal Clean Air Act, 42 USC Sections 7401 to 767 lq and Public Law

101-549.

(2) "Actual emissions" has the same meaning as in 40 CFR 51.165(a)(1)(xii)(A) to (E), inclusive.

(3) "Administrator" means the Administrator of the United States Environmental Protection Agency.

(4) "Affected state or states" means the Commonwealth of Massachusetts, the States of New

York, Rhode Island and any other state located within fifty (50) miles of a Connecticut Title V source.

(5) "Air pollutant" means dust, fmnes, mist, smoke, other particulate matter, vapor, gas, aerosol,

odorous substances, or any combination thereof, but does not include: Carbon dioxide, except in

accordm~ce with regulations adopted pursuant to sections 22a-174d, 22a-174j, or 22a-200b of the

Connecticut General Statutes; the noble gases (helium, neon, argon, krypton, xenon or radon);

uncombined water vapor or water droplets; molecular hydrogen expressed as H2; or molecular oxygen

expressed as 02 or nitrogen.

(6) "Air pollution" means the presence in the 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 likely to be,

injurious to public welfare or the environment, to the health of human, plant or animal life, or to property,

or as unreasonably to interfere with the enjoyment of life and property.

(7) "Air pollution control equipment" means any equipment which is designed to reduce emissions

of air pollutants from a stationary source.

(8) "Allowable emissions" means "allowable emissions" as defined in 40 CFR 51.165(a)(1)(xi).

(9) "Ambient air" means that portion of the atmosphere, external to buildings, to which the general

public has access.

(10) "AAQS" or "Ambient air quality standard" means any standard which establishes the largest

allowable concentration of a specific pollutant in the ambient air of a region or subregion as established

by the United States Environmental Protection Agenc~¢ or by the commissioner and which is listed in

section 22a- 174-24 of the Regulations of ConnecticutState Agencies.

(11) "Architectural coating" means a coating used for residential or commercial buildings and their

appurtenances, or industrial buildings, or other outdoor structures.

(12) "ASTM" means the American Society for Testing and Materials.

(I 3) "Attainment" means that the quality of the ambient air, as determined by the Administrator, meets

the Ambient Air Quality Standards for a given air pollutant.

(14) "Attainnlent area" means a geographic area which has been designated by the Administ~’ator as

attainment pursuant to 40 CFR 81 in accordance with the provisions of 42 USC 7407.
2

(15) "Baseline concentration" means "baseline concentration" as defined in 40 CFR 51.166(b)(13)(i)

to (ii)(b), inclusive.

(16) "Best Available Control Technology" or "BACT" means an emission limitation, including a

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, on a’

case:by-case basis, determines is achievable in accordance with section 22a- 174-3 a of the Regulations of

Connecticut State Agencies. 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 techniques for the control of such air pollutant.

(17) "Begin actual construction" means "begin actual construction" as defined in 40 CFR

51.165(a)(1)(xv).

(18) "Biodiesel fuel" means the liquid fuel composed ofmono alkyl esters of tong-chain fatty acids

derived from vegetable oils or animal fats, which fuel conforms to ASTM D6751-08, Standard

Specification for Biodiesel Fuel Blend Stock for Middle Distillate Fuels, or the current active version

thereof.

(19) "Brush" means stwabs, vegetation or prunings, the diameter of which is not greater than three

inches at the widest point.

(20) "BTU" means British thermal unit, which is the amount of heat required to raise the temperature

of one pound of water one degree Fahrenheit.

2~L) "Carbon dioxide equivalent emissions" or "CO2e" means an amount of GHGs emitted, com_puted

as follows:

Individually, for each of the six component ~ases, multiply the mass amount of emissions

of the com_p_onent gas (tons per gear) bv the gas’s associated global wzrminN potential

identified in 40 CFR 98, Table A-1 (October 30, 2009); and

Sum each of the six values resulting from the calculation in subparagraph (A) of this

subdivision to equal the "CO2e."

[(21)] ~ "CAS Number" means the number given to a compound by the American Chemical

Society’s Chemical Abstract Service.

[(22)] 2(~) "CFR" means the Code of Federal Regulations.

[(23)] 2(~.) "Combustion efficiency" means the percentage calculated in accordance with the

following formula:

cE = [c02] / [co] + [c02] (lOO)

where: CE = Combustion efficiency in percent;

CO2 = Amount of carbon dioxide;

CO = Amount of carbon monoxide; and

CO and CO2 are both measured in volume units.

[(24)] ~ "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.
[(25)] 2t~f!) "Commence 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

pursuant to the Act, any regulations adopted thereunder and 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 the permit issued by the commissioner, without any breaks in such

construction of more than eighteen months; or

(B) Entered into binding agreements or contractua! obligations to undertake actual

construction of the source within a reasonable time, which cannot be canceled or

modified without substantial economic loss to the owner or operator.

[(26)] 2~ "Commissioner" means the Commissioner of Enviro~nnental Pmteetion, or any member

of the Department or any local air pollution control official or agency authorized by the commissioner,

acting singly or jointly, to whom the commissioner assigns any fimction arising under the provisions of

these regulations.

[(27)] ~ "Construction" means "construction" as defined in 40 CFR 51.165 (a)(1)(xviii).

[(28)] ~ "CEM" or "Continuous emission monitoring" means a system for continuously

measuring the emissions of any pollutant from a stationary source.

[(29)] ~ "CERC" or "Continuous emissions 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.

[(30)] ~ "Criteria air pollutant" means any air pollutant for which an ambient air quality standard

has been established by the Administrator in accordance with Section 107 of the Act.

[(3 I)] ~ "Department" means the Department of Environmental Protection.

[(32)] 3~ "Dioxin emissions" means the total emissions of polychlorodibenzo-p-dioxins (PCDDs)

and polychlorodibenzofurans (PCDFs) converted to the toxic equivalence amount of 2,3,7,8

tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD). For the purposes of this definition, the commissioner shall

determine the 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.

Table 1-1

FORM OF DIOXIN EMISSIONS

monochlorodibenzo-p-dioxin

dichlorodibenzo-p-dioxin

TEF

0

0
trichlorodibenzo-p-dioxin 0

2,3,7,8-tetrachlorodibenzo-p-dioxin 1.0

Other tetraehlorodibenzo-p-dioxins O.Ol

1,2,3,7,8-pentachlorodibenzo-p-dioxin 0.5

other pentachlorodibenzo-p-dioxins 0.005

1,2,3,4,7,8-hexachlorodibenzo-p-dioxin 0.04

1,2,3,6,7,8-hexachlorodibenzo-p-dioxin 0.04

1,2,3,7,8,9-hexachlorodibenzo-p-dioxin 0.04

other hexachlorodibenzo-p-dioxins 0.0004

1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin 0.001

other heptachlorodibenzo-p-dioxins 0.00001

octachlorodibenzo-p-dioxin o

monochlorodibenzofuran 0

dichlorodibenzofuran 0

trichlorodibenzofuran 0

2,3,7,8-tetrachlorodibenzofuran OA

other tetrachlorodibenzofurans 0.001

1,2,3,7,8 -pentachlorodibenzo furan 0.1

2,3,4,7,8-pentachlorodibenzo furan 0.1

other pentachlorodibenzofurans 0.001

1,2,3,4,7,8-hexachlorodibenzo furan 0.01

1,2,3,6,7,8-hexachlorodibenzo furan 0.0i

2,3,4,6,7,8-hexachlOrodibenzofuran 0.01
(A)

(B)

[(37)] 3k~)

any source.

[(3 8)] ~

!,2,3,7,8,9-hexachlorodibenzofuran 0.01

other hexachlorodibenzo furans 0.0001

1,2,3,4,6,7,8-heptachlorodibenzofuran 0.001

1,2,3,4,7,8,9-heptachlorodibenzo furan 0.001

other heptachlorodibenzofurans 0.00001

octachlorodibenzo furan 0

[(33)] ~ "Discharge point" means any stack or area from which a hazardous air pollutant is

released into the ambient air.

[(34)] ~5~ "Dispersion technique" means !’dispersion technique" as defined in 40 CFR 51.100(hh).

[(35)] ~ "Distillate oil" or "distillate fuel oil" means any fuel oil of No. t or No. 2 grades, as

defined by ASTM D396-09, Standard Specification for Fuel Oils, or the current active version thereof.

[(36)] ~ "DERC" or "Discrete emission reduction credit" means the real; quantifiable, surplus,

permanent, and enforceable reduction of an air pollutant at a source, which is:

Certified by the commissioner through a SIP approved plan; and

Generated during a specified period of time.

"Emission" means the release or discharge of an air pollutant into the ambient air from

"Emission limitation" and "Emission standard" means" emission limitation" and

"emission standard" as defined in 40 CFR 51.100(z).

[(39)] ~ "Emission unit" means "emission unit" as defined in 40 CFR 51.165(a)(1)(vii).

[(40)] ~ "ERC" or "Emission reduction credit" means real, quantifiable, surplus, permanent, and

enforceable reductions of air pollutant emissions from a source, when such reductions are certified by the

commissioner tba’ough a SIP approved plan and recorded as CERCs or DERCs.

[(41)]

51.000(kk).

"Excessive concentration" means excessive concentration as defined in 40 CFR

[(42)] 4.(~) "Federally enforceable" means "federally enforceable" as defined in 40 CFR

51.165 (a)( 1 )(xiv).

[(43 )] ~ "Flare" means an apparatus, device, process, or procedure for the burning of fiammable

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

[(44)] 4(~) "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.
[(45)] L~6~) "Fugitive dust" means solid airborne particulate matter emitted from any source other

than through a stuck.

[(46)] 4L42) "Fugitive emissions" means fugitive dust or those emissions that cannot reasonably pass

through a stack, chinmey, vent, or other functionally equivalent opening.

[(47)] ~ "Good engineering practice (GEP) stack height" means "good engineering practice

(GEP) stuck height" as defined in 40 CFR 51.100(ii).

~ "Greenhouse gases" or "GHGs" means the aggregate of the followin~ six component gases:

carbon dioxide (CO2), methane (CH~_), nitrous oxide (N~_0), sulfur hexafluoride S~_6)~.’2

h_vdroflourocarbon (HFC) or anv_perfluorocarbon (PFC),

[(48)] 5(~Q) "Hazardous air pollutunt," except as otherwise provided in section 22a-174-3a of the

Regulations of Connecticut State Agencies, means a substance listed in section 22a-t 74-29 of the

Regulations of Connecticut State Agencies.

[(49)] 5(~) "Hazard limiting value" or "HLV" means the highest acceptable concentration of a

hazardous air pollutunt in the ambient air, pursuant to section 22a-174-29 of the Regulations of

Connecticut Stute Agencies. The primary use of this term is in the derivation of the maximum

allowable stack concentration for a source.

[(50)] ~ "Heat input" means the totul gross calorific value of all fuels burned, measured in BTU

by ASTM Method D2015-66, D240-64, or D 1826-64, using the highest heating value of each fuel.

[(51)] ~ "fucineratoF’ means any device, apparatus, equipment, slab, or structure used for

destroying, reducing, or salvaging, by fire or heat, any material or substance including, but not

limited to, refuse, rubbish, garbage, trade waste, debris or scrap; or facilities for cremating

human or animal remains provided that, for the purposes of this definition, sources primarily

combusting the following used oil types are not incinerators:

(A) Used oil meeting the specifications of 40 CFR 279.11; or

(B) Used oil burned in space heaters meeting the reqnirements of 40 CFR 279.23.

[(52)] 5(~) "Indian governing body" has the same meaning as in 40 CFR 51.166(b)(28).

[(53)] 5.(~) "Indian reservation" means "Indian reservation" as defined in 40 CFR 51.166(b)(27).

[(54)] ~ "Indirect source" means any building, structure, 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.

[(55)] 5(~J) "Indirect source construction permit" means a permit issued by the commissioner

authorizing the construction of an indirect source.

[(56)] 5L~) "Innovative control technology" means "innovative control technology" as defined in 40

CFR 51.166 (b)(19).
[(57)] ~ "Internal offset" means any federally enforceable reduction of actual emissions from one

or more stationary sources on the same premises which are used to offset potential emissions increases

from a proposed stationary source on such premises in accordance with the provisions of section 22a-174-

3a(!) of the Regulations of Com~ecticut State Agencies.

[(58)] 6(_~Q) "LAER" or "Lowest Achievable Emission Rate" means "lowest achievable emission

rate" as defined in 40 CFR 51.165(a)(1)(xiii).

[(59)] 61_6~ "Major modification" means "major modification" as defined in 40 CFR 51.165(a)(1)(v),

provided that, for the purposes of this definition, the term "significant" has the same meaning as in 40

CFR 51.166(b)(23)(i) and:

(A) The values for nitrogen oxides as an ozone precursor and volatile organic compounds are

each twenty-five (25) tons per year, and

(B) Asbestos, beryllium and vinyl chloride are excluded.

[(60)] 6~3 "Major source baseline date" means January 6, 1975 for particulate matter and sulfur

dioxide and February 8, 1988 for nitrogen dioxide.

[(61)] ~ "Major stationary source" means "major stationary source" as defined in 40 CFR

51. t 65(a)(1 )(iv), provided that:

(A) A stationary som’ce that emits or has the potential to emit twenty-five (25) tons per year

of volatile organic compounds or nitrogen oxides as an ozone precursor in any severe

ozone nonattainment area is a "major stationary source;" and

(B) A stationary source that emits or has the potential to emit fifty (50) tons per year of

volatile organic compounds or nitrogen oxides as an ozone precursor in any serious

ozone nonattainment area is a "major stationary source."

[(62)] 6~4) "Malfunction" means "malfunction" as defined in 40 CFR 60.2.

[(63)] 6(f!~. "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 p~rsuant to 40 CFR 63.

[(64)] ~ "Maximum allowable stack concentration" or "MASC" is the maximum allowable

concentration of a hazardous air pollutant in the exhaust gas stream at the discharge point of a stationary

source under actual operating conditions.

[(65)] ~ "Maximum capacity" means the design maximmn 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.

[(66)] ~ "Maximum uncontrolled emissions" means the rate of emissions for a source, determined

without the application of air pollution control equipment unless the source is i~capable of being operated

without the air pollution control equipment, of a particular air pollutant where such rate is calculated

using:

(A) The maximum capacity of the source unless the commissioner determines that the

source is physically unable to operate at that capacity or unless the maximum
capacity is limited by restrictions on production rates, hours of operation, or types

of materials processed, stored or combusted either through permit conditions or

other order of the commissioner; and

(B) I~formation from the Compilation of Air Pollutant Emission Factors (APZ42)

published by the U. S. Environmental Protection Agency, relevant source test data

or other information deemed more representative by the commissioner.

[(67)] 6(_~) "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 as identified in

section 22a-174-2a(e) of the Regulations of Connecticut State Agencies.

[(68)] 7L~Q) "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 [(61)] ~ of this section.

[(69)] (J~) "Minor source baseline date" means June 7, 1988 for particulate matter, December 17,

1984 for sulfur dioxide and June 7, 1988 for nitrogen dioxide.

[(70)] ~ "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, lawnmo~vers, and other small home appliances.

[(71)] ~ "Modification" or "modified source" means with respect to a stationary source, any

physical change or change in the method of operation that would result in an exceedance of the allowable

emissions of any individual air pollutant, any increase in the maximum capacity, or any potential

emissions of any individual air pollujtant not previously emitted, except that:

Routine maintenance, repair or replacement at a stationary source shall not be considered

a physical change; and

(B) The following shall not be considered a change in the method of operation:

(i) any increase in the production rate, if such increase does not exceed the operating

design capacity of the affected facility and such increase does not cause or allow

an exceedance of the rates or emission limits authorized by a permit, order, or

judgment for such a source, or

(ii) any increase in hours of operation and such increase does not cause or allow an

exceedance of the rates or emissions limits authorized by a permit, order, or

judgment for such source.

[(72)] ~ "Monitoring" means any action or procedure that is used to determine actual emissions

from a stationary source or compliance with the requirements of any permit, order, statute or regulation.

[(73)] 7~ "Net emissions increase" means "net emissions increase" as defined in 40 CFR 51.165

(a)(1)(vi) provided that:

For the purposes of this definition, the phrase "this section" found in 40 CFR

51.165(a)(l)(vi)(C)(2) refers to sections 22a-174-3a(k) and (1) of the Regulations of

Connecticut State Agencies, and
9

(B) Any increases or decreases in actual emissions at a stationary source are creditable only if

such increases or decreases occurred within the previous five (5) years of the present

modification.

[(74)] LT~) "Nitrogen oxides" or "NOx" means the sum of all oxides of nitrogen, expressed as

nitrogen dioxide.

[(75)] 7!~73 "Non-attainment" means that the quality of the zanbient air, as measured by the

cmnmissioner, fails to meet any Ambient Air Quality Standard for a given pollutant for which

such standards have been established by the United States Environmental Protection Agency.

[(76)] ~ "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 nonattaiimaent air pollutants for ozone non-attainment areas.

[(77)] 7~_93 "Non-attainment area" means a geographic area which has been designated as

nonattainment pursuant to 40 CFR 81 in accordance with the provisions of 42 USC 7407 (section

107 of the Act).

[(78)] ~ "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 as

identified in section 22a-174-2a(d) of the Regulations of Connecticut State Agencies.

[(79)] ~ "Offset fill pipe" means a fill pipe that has bends or angles such that a straight sleeve

cannot be installed.

[(80)] ~ "Opacity" means the degree to which emissions reduce the transmission of light and

obscure the view of an object in the background.

[(81 )] ~ "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 a

stack or flue.

[(82)] ~ "Operator" means the person or persons who are legally responsible for the operation of a

source of air pollution.

[(83)] 8L~). "Organic compounds" means any chemical compounds of carbon excluding carbon

monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium

carbonate.

[(84)] ~ "Particulate matter" or "PM" means may material, except water in uncombined forna, that

is or has been airborne and exists as a liquid or a solid in the ambient air.

[(85)] ~ "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.

[(86)] L~) "PM 10" means particulate matter with an aerodynamic diameter less than or equal to a

nominal 10 micrometers as measured by a reference method 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.
[(87)]

Statutes.

t0

"Permit" means any license issued pursuant to Chapter 446c of the Connecticut General

[(88)]

Statutes,

"Person" means "person" as defined in section 22a-170 of the Connecticut General

[(89)] 9L9~ "Poteutial 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 is practicably enforceable.

[(90)] 9L~) "Practicably enforceable" means:

(A) Any federally enforceable emission limitation or restriction on potential emissions; or

Any emission limitation or restriction on the potential emissions set forth in a permit,

order, regulation or statute issued or administered by the commissioner, provided such

emission limitation or operational restriction:

(i) identifies the subject stationary source or category of stationary source,

(ii) specifies an emission limitation 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 or specifies an operational restriction for such stationary source

such as hours of operation or fuel use restrictions sufficient to calculate the actual

emissions from such source,

(iii) specifies appropriate monitoring ~o determine compliance with such limitation or

restriction specified in accordance with [subparagraph] subclause (ii) of this

[subdivision] subparagraph provided that if a twelve month rolling average is

selected, the monitoring shall be CEM or equivalent, and

(iv) if an emission limitation or operational 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] subclause (ii) of this

[subdivision] subparagraph and expressed using the shortest technically and

economically feasible averaging period, in no case longer than a twelve month

rolling average. Ifa twelve month rolling average is selected, the monitoring

shall be CEM or equivalent.

[(91)] 9L~) "Premises" means the grouping of all stationary sources at any one location and owned or

under the control of the same person or persons.
[(92)] ~ "Process changes to control air pollution" means any modification that alters or

implements production processes or available methods, including fuel switching, systems,

techniques, work practice standards, operational standards or a combination thereof which is

designed and implemented for the primary purpose of reducing emissions of air pollutants from a

stationary source.

[(93)] ~ "Process source" means any operation, process, or activity except:

(A) Tbe 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.

[(94)] ~) "Reasonably Available Control Technology" or "RACT" means the lowest emission

limitation that a particular stationary source is capable of meeting by the application of control technology

that is reasonably available considering teebnological and economic feasibility.

[(95)] 9~7) "Reconstruct" or "reconstruction" means the renovation or re-building of a stationary

source in accordance with the provisions of 40 CFR 60.15. A reconstructed stationary source shall be

considered a new stationary source. The use of an alternative fuel or raw material by reason of an order in

effect pursuant to sections 2(a) and (b) of the Federal Energy Supply and Enviromnantal 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 pursuant to section 125 of the Clean Air Act, shall not

be considered reconstruction.

[(96)] ~) "Region" memas a Connecticut intrastate Ai~ Quality Control Region or the Connecticut

portion of an interstate Air Quality Control Region as defined by the EPA in 40 CFR 81.

[(97)] ~ "Residual oil ’ means any fuel oil of No. 4, No. 5, or No. 6 grades, as defined by ASTM

D396-09, Standard Specification for Fuel Oils, or the current active version thereof.

[(98)] ~ "Resources recovery facility" means "resources recovery facility" as defined in section

22a-207(9) of the Connecticut General Statutes.

[(99)] ~ "Ringelmann chart" means the chart published and described in the U.S. Bureau of Mines

Information Circular 8333.

[(100)] ~ "Secondary emissions" mean "secondary emissions" as defined in 40 CFR

51.165(a)(1)(viii).

[(101)] ~ "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.

[(102)] ~ "Severe non-attaimnent area for ozone" means the towns of Bethel, Bridgeport,

Bridgewater, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Mop,roe, New Canaan,

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

Stratford, Trambull, Weston, Westport and Wilton.

[(t 03)] ~ "Solid waste" means unwanted or discarded materials, including solid, liquid, semisolid,

or contained gaseous material.
12

[(104)1 ~

pollutant.

[(t05)]

include a flare.

"Source" means any property, real or personal, which emits or may emit any air

"Stack" means "stack" as defined in 40 CFR 51.100 (ff), provided that stack shall also

[(106)] ~ "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 mmt-Ig).

[(107)] ~ "State" as used in the phrase "any other state" means state, region, territory,

commonwealth, military reservation, or Indian reservation.

[(108)] ~ "State implementation plan" or "SIP" means a plan required by section 110 of the Act

which has been approved by the Administrator.

[(109)] ~ "Stationary source" means "stationary source" as defined in 40 CFR 51.165(a)(t)(i) and

(ii), provided that any portable emissions unit which is moved from site to site but remains stationary

during operation is a stationary source.

[(110)] l(!J2) "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.

[(111)] ~ "Submerged fill pipe" means any fill pipe the discharge opening of which remains

entirely submerged when the pipe normally used to withdraw liquid from the tank can no longer

withdraw any liquid.

[(112)] ~ "Subregion" means a subdivision of a Region, as determined by the commissioner.

[(113)] ~ "Tank" means any vessel for containing liquids or gases.

[(114)] ~ "Title V source" means "Title V source" as defined in 22a-174-33 of the Regulations of

Connecticut State Agencies.

[(115)] ~ "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.

[(116)] ~ "Total suspended particulate" means particulate matter as measured by the method

described ~ 40 CFR 50, Appendix B.

[(117)] l(J~) "Unclassifiable area" means a geographic area which hfis not been desigaaated either as an

attainment area or a non-attainment area pursuant to 40 CFR 81 in accordance with the provisions of

section 107 of the Clean Air Act.

[(118)] ~ "Volatile organic compound" or "VOC" means "volatile organic compound" as defined

in 40 CFR 51.100(s), as amended from time to time.

[(119)] ~ "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 p!’~{Sr to outfall, drainage, or

recovery of such water.
13

[(120)] ~ "Watercourse" means "watercourses" as defined in 22a-38(16) of the Colmecticut

General Statutes.

Sec. 2. Section 22a-174-33(a)(7) of the Regulations of Connecticut State Agencies is amended as

follows:

(7) "Regulated air pollutant" means any of the following:

(A) Nitrogen okides or any volatile organic compound;

(B) Any pollutant which is a criteria air pollutant as defined in section 22a-I 74-1 of

the Regulations of Connecticut State Agencies;

(c) Any pollutant emitted by a stationary source which is subject to any standard of

perfon~aance for new stationary sources purshant to 40 CFR 60;

(D) Any pollutant from a substance subject to a stratospheric ozone protection

requirement pursuant to 40 CFR 82, Subpart A, Appendix A or B;

(E) Any pollutant subject to a national emission standard or other requirement

pursuant to 40 CFR 63, and emitted by a source in a category listed in the Federal

Register in accordance with section 112(e)(3) of the Act;

(F) Any pollutant from a stationary source which is subject to any standard or other

requirement pursuant to 40 CFR 61; [or]

(G) Any pollutant listed in 40 CFR 68[.] kgJ:

(~) Greenhouse gases.

See. 3. Section 22a-174-33(a)(10) of the Regulations of Connecticut State Agencies is amended as

follows:

(I0) "Title V source" means any premises at, in, or on which any of the following is located:

(A) Any stationary source subject to 40 CFR 60 or 61;

(B) Any stationary source subject to 40 CFR 62, 63 or 68;

(C) Any stationary source subject to 40 CFR 72 to 78, inclusive;

(D) Any stationary source subject to section 129(e) of the Act;

(E) Any one or more stationary sources, which are located on one or more contiguous or

adjacent properties under the control of the sanae person or persons and which in the

aggregate emit, or have the potential to emit, including fugitive emissions, ten (10) tons

or more per year of any hazardous air pollutant, or twenty-five (25) tons or more per year

of any combination of hazardous air pollutants; or
(a)

14

Any one or more stationary sources, which are located on one or more contiguous or

adjacent properties under 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,] ~olintant including fugitive emissions, from those categories of

sources listed in [(2)0) to (xxvii)] subdivision (2) in the definition of"major source" in

40 CFR 70.2 as of August 2, 2010, of:

(i) one hundred (100) tons or more per year of any regulated air pollutant that is not

a GHG,

(ii) fifty (50) tons or more per year of volatile organic compounds or nitrogen oxides

in a serious ozone non-attainment area, [or]

(iii) twenty-five (25) tons or more per year of volatile organic compounds or nitrogen

oxides in a severe ozone non-attainment area[; and] ~0£or

1001000 tons or more per ,/ear ofGHG (COz~ and 100 tons or more per

,/ear of GHG (mass basis): and

Notwithstanding the provisions of subparagraph (F) of this subdivision, any landfill

containing only municipal solid waste, as that term is defined in section 22a-207(23) of

the Com~ecticut 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.]

is subiect to an,/applicable requirement identified in subparagraph

(B) or (D) of this subdivision, or_

emits, or has the potential to emit, equal to or ~reater than:

one hundred (100) tons per year of GHG (mass basis), and

~ 100,000 tons per year of GHG (COze basis).

Sec. 4. Section 22a-174-33(d)(1) and (2) of the Regulations of Connecticut State Agencies is

amended as follows:

(1) In lieu of requiring an owner or operator of a Title V source described in 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 o~£~gulated air pollutants from such premises to less than the following

amounts:

(A) One hundred (100) tons per year of any regulated air pollutant;

(B) Fifty (50) tons per year of volatile organic compounds or nitrogen oxides, in a serious

ozone nonattainment area;

(C) Twenty-five (25) tons per year of volatile organic compounds or nitrogen oxides, in a

severe ozone nonattainment area; [and]
15

(D) Ten (!0) 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 pursuant to 40 CFR 63[.] ;~

~ ~000 tons per year of CO2e.

(2) A permit or order issued pursuant to this subsection shall require the owner or operator of the

subjectpremises to:

(A)

(B)

Limit potential emissions at such premises to less than the amounts specified in

subparagraphs (A) to [(D)] ~_), inclusive, of subdivision (1) of this subsection;

Conduct monitoring, recordkeeping, or a combination of monitoring and recordkeeping

sufficient to ensure compliance with such permit;

(c) Maintain all records required by such permit or order a~t the premises for five (5) years

after the creation of such records and make such records available, upon request, to the

commissioner;

(D) Submit compliance certifications to the commissioner pursuant to subdivision (q)(2) of

this section; and

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 allowed

are quantified.

Sec. 5. Section 22a-174-3a(a)(1) of the Regulations of Connecticut State Agencies is amended as

follows:

(1) Applicability. Prior to beginning actual construction of any stationary source or modification not

otherwise exempted in accordance with subdivision (2)(A) to (C) of this subsection, the owner or operator

shall apply for and obtain a permit to construct and operate under this section for any:

(A) New major stationary source;

(B) Major modification;

(c) New or reconstructed major source of hazardous air pollutants subject to the provisions

of subsection (m) of this section;

(D) New emission unit with potential emissions of fifteen (15) tons or more per year of any

individual air pollutant;

(E) Modification to an existing emission unit which increases potential emissions of any

individual air pollutant from such unit by fifteen (15) tons or more per year;

Stationary source or modification that becomes a major stationary source or major

modification solely by virtue of a relaxation in any enforceable limitation which was

established after August 7, 1980, on the capacity of the source or modification otherwise

to emit a pollutant; [or]
Incinerator for which construction commenced on or after June 1, 2009, except if such

incinerator is used:

(i) for the primary purpose of reducing, controlling or eliminating air pollution, or

(ii)

16

as a solid waste incineration unit subject to an emission guideline issued pursuant

to Section 129 of the Act.; [.]

New stationary_source that emits, or has the potential to emit, equal to or greater than

100,000 tons per~year of CO2e and one hundred (1001 tons per year of greenhouse gases;

Major stationary source when such major stationary source undertakes a physical chang

or change in the method of o~eration that will result in a net emissions increase that is

e_~N~l to or greater than 75,000 tons per~vear CO2e; or

Stationary source that emits, or has the potential to emit, equal to or greater than 100,000

tons per year of CO2e and one hundred (100) tons per year of greenhouse gases, when

such stationary source undertakes a physical change or change in the method of Qperation

that will result in a net emissions increase that is equal to or greater than 75,000 tons per

3’ear CO2e.

Sec. 6. Section 22a-174-3a(d)(3) of the Regulations of Connecticut State Agencies is amended as

follows:

(3) Before issuance of a permit or permit modification, the owner or operator shall demonstrate, to

the satisfaction of the commissioner, that, with respect to the construction and operation of the subject

stationary source or modification, the owner or operator shall:

(A) Construct and operate such stationary source or modification in accordance with the

permit, and operate such stationary source or modification in accordance with all

applicable and relevant emission limitations, statutes, regulations, schedules for stack

tests, and other order of the commissioner. In the event a conflict exists between the

permit and another state or federally enforceable statute, regulation or order of the

commissioner, the most stringent provision shall apply;

(B) Operate such stationary source or modification without preventing or interfering with the

attainment or maintenance of any applicable ambient air quality standards or any

Prevention of Significant Deterioration increments under subsection (k) of this section;

(c) Operate such stationary source or modification without preventing or interfering with the

httainment or maintenance of any National Ambient Air Quality Standard in any other

state and without interfering with the application of the requirements in any other state’s

implementation plan, adopted pursuant to section 110 of the Act;

(D) Operate such stationary source or modification in accordance with all applicable emission

standards and standards of performance pursuant to 40 CFR Parts 60, 61, and 63, as may

be amended from time to time;

(E) Install:

(i) sampling ports of a size, number and location as the commissioner may

reasonably require,
17

(F)

(i)

(K)

(L)

(M)

(N)

(0)

(P)

(ii) instrumentation to monitor and record emission and other pm’ameter data as the

commissioner may require, and

(iii) such other sampling and testing facilities as the commissioner may require;

As the commissioner may require, conduct stack tests at the expense of such owner or

operator, in accordance with subsection (e) of this section, and in accordance with permit

conditions and methods prescribed by the commissioner. Such stack tests shall

demonstrate, to the commissioner’s satisfaction, that the requirements of each and every

applicable permit or order of the commissioner for such stationary source or modification

are being met and that such stationary source or modification complies with the

Regulations of Connecticut State Agencies and federal requirements;

Pay all fees required by the Department within forty-five (45) days of receipt of a

tentative determination of the cmnmissioner;

Incorporate Best Available Control Technology (BACT), as directed by the

commissioner, for greenhouse gases and each [individualJ air pollutant_listed in Table

~subjeet to, and in accordance with, subsection (j) of this section;

Incorporate the lowest achievable emission rate (LAER), as directed by the

commissioner, for each [individual] air pollutant subject to, and in accordance with,

subsection (/) of this section;

Incorporate the maximum available control technology (MACT), as directed by the

commissioner, for each [individual] air pollutant subject to, and in accordmace with,

subsection (m) of this section;

As required by the commissioner, install monitoring equipment and perform monitoring

to demonstrate compliance with any permit provision. Such monitoring may include, but

not be limited to, continuous emission monitoring (CEM);

Provide the commissioner with current information regarding air pollutant emissions

from such stationary source or modification, mad in accordance with the commissioner’s

request, submit updated mad current information regarding air pollutant emissions from

any other stationary sources located on the applicable premises;

Comply with any applicable maximum allowable stack concentration or other emission

limitation of section 22a-174-29 of the Regulations of Connecticut State Agencies, as

may be amended;

Demonstrate that the emission limitation required of such stationary source or

modification for the control of any air pollutant shall not be affected by that portion of the

stack height of such stationary source or modification that exceeds good engineering

practice stack height or by any other dispersion technique;

Comply with an approved operation and maintenance plan submitted pursuant to

subsection (c)(2) of this section;

Have completed and submitted, on forms prescribed by the commissioner, a pre

inspection questionnaire, if requested to do so by the commissioner, which describes the

equipment, processes and materials used;
18

(Q)

(R)

Make tile permit available at the subject premises throughout the period that such permit

is in effect; and

Comply with the applicable provisions of this section and any other applicable

regulations, permits or orders of the commissioner for such stationary source or

modification.

Sec. 7. Section 22a-174-3a(j)(1) of the Regulations of Connecticut State Agencies is amended as

follows:

(1) An owner or operator shall incorporate BACT for:

(A)

(B)

(c)

(D)

Potential emissions of each [regulated] air pollutant above the significant emission rate

thresholds in Table 3a(k) -1 of subsection (k) of this section, from each new major

stationary source;

Potential emissions of each [regulated] air pollutant above the siDaificant emission rate

thresholds in Table 3a(k) -1 of [subsection (k) of] this section, from each major

modification. This requirement applies to each individual emission unit that is being

modified as part of such major modification;

Potential emissions of fifteen (15) tons or more per year of any [individual] air pollutant,

from each ne~v emission unit~ [and]

Potential emissions of fifteen (15) tons or more per year of any [individual] air pollutant,

from a modification to each existing emission unit~[.]

Potential emissions of 75,000 tons or more per year of CO2e from each new maior

stationary source;

Potential emissions of 100,000 tons or more per year of CO2e and potential emissions of

one hundred (100) tons or more per year of greenhouse gases from each new stationa~

source and, from such a source,_potential emissions of each air pollutant above the

siRnificant emission rate threshold in Table 3a(k)-I of this section;

Potential emissions of 75,000 tons or more per year of CO2e from each physical change

or change in the method of operation of a major stationary source;

Potential emissions of 75,000 tons or more per year of CO2e from each physical chang~

or change in the method of operation of a stationary_source, where such stationary source:

Emits or has the potential to emit equal to or greater than 100,000 tons per year

CO2e and

Emits or has the potential to emit equal to or greater than one hundred (100) tons

or more per year of greenhouse ~ases; or

Potential emissions of 75,000 tons or more per year of CO2e and potential emissions of

each air pollutant above the significant emission rate thresholds in Table 3a(k)-1 of this

section from each physical chanKe or change in the method of operation of a stationary

source, where such stationary source:
19

Emits or has the potential to emit equal to--eater than 100,000 tonsJ?~

CO2e and

Emits or has the potential to emit equal to or greater than one hundred (100) tons

or more 12~reenhouse gases.

See. 8. Subdivisions (1) and (2) of section 22a-174-3a(k) of the Regulations of Connecticut State

Agencies are amended as follows:

(1) The provisions of this subsection shall apply to the owner or operator of may new1 [major

stationary source for each criteria air pollutant that is significant from such new major stationary source

located in an attaimnent area or unclassified area for such pollutant.]

Ma.~gj~ stationary source for each air pollutant emitted at a level equal to or greater than

the threshold designated in Table 3a(k)-I fi’om such new major stationary source located

in an attainment area or unclassified area for such pollutant;

Stationary source for greenhouse Kases, if the source emits, or has the potential to emit,

equal to or greater than 100,000 tons per year of CO2e and one hundred (100) tons per

y~eenhouse gas~

Maior stationary source:

For each air pollutant emitted at a level equal to or greater than the threshold

designated in Table 3a(k)-I from such new maior stationary source located in an

attainment area or unclassified area for such pollutant and

For greenhouse gases, if the source emits, or has the potential to emit, equal to or

greater than 75_,000 tons per year of CO2e.

(2) The provisions of this subsection shall apply to the owner or operator of any [major modification

for each criteria air pollutant from such major modification located in an attainment area or unclassified

area for such pollutant, that has]:

(A) [Actual emissions that are equal to or greater than the significant emission rate thresholds

in Table 3a(k)-I of this subsection; and] Major modification for each air pollutant from

such major modification located in an attainment area or unclassified area for such

pollutant, that has:

Actual emissions that are equal to or greater than the significant emission rate

thresholds in Table 3a(k)-1 of this subsection, and

A net emissions increase that is equal to or greater than the significant emission

rate thresholds in Table 3a(k)-I of this subsection~

(B) [A net emissions increase that is equal to or greater than tbe significant emission rate

thresholds in Table 3a(k)-I of this subsection.] ~jor stationary source when such major

stationary source undertakes a physical change or change in the method of operafion that

will result in a net emissions increase that is equal to or greater than 75,000 tons ~

CO2e" or
2O

Stationary source that emits, or has the potential to emit, equal to or greater than 100,000

tons ep~.vear of CO2e and one hundred (100) tons per year of greenhouse gases, when

such stationary source undertakes a physical change or change in the method of operation

that will result in a net emissions increase that is equal to or greater than 75,000 tons.l~

year CO2e.

Sec. 9. Subdivision (4) section 22a-174-3a(k) of the Regulations of Connecticut State Agencies is

amended as follows:

(4) The owner or operator of a [new] major stationary sottrce: [or] major modification or stationar3~

source subject fo this subsection shall install BACT as approved by the commissioner in accordance with

subsection (j) of this section.

Statement of Purpose:

The Department of Environmental Protection (DEP) is proposing this amendment to regulate greenhouse

gas emissions in DEP’s air quality permitting programs as required by the U.S. Environmental Protection

Agency (EPA) in Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule (75

FR 31514; June 3, 2010; hereafter, the Tailoring Rule). EPA recently concluded that greenhouse gases

constitute air pollutants that endanger the public health and welfare and are subject to regulation under the

Clean Air Act. EPA proposed the Tailoring Rule to limit the issuance of air quality permits only to the

largest stationary sources of greenhouse gas emissions; such sources include large industrial and

educational facilities, large landfills and power plants. Absent the thresholds of the Tailoring Rule, many

state permit programs would automatically regulate very small sources of greenhouse gases, because

greenhouse gases would be regulated at the emissions thresholds developed for traditional pollutants.

Connecticut does not automatically regulate new pollutants, so this amendment is required to provide for

the permitting of greenhouse gas emissions.

The amendment consists of the addition of definitions of "greenhouse gases" and "carbon dioxide

equivalent emissions" to the air quality regulations plus levels of greenhouse gas emissions that require a

source owner to apply for a permit under DEP’s new source review prevention of significant deterioration

(NSR PSD) and Title V operating permit programs. In the NSR PSD program, certain major stationary

sources and major modifications will be required to install Best Available Control Technology (BACT)

for greenhouse gas emissions. Beyond the requirement to obtain a permit, and for a few sources to install

BACT, the amendment does not include any emissions standards or monitoring for greenhouse gases.

As a result of the amendment, a number of existing sources, which DEP estimates is less than 20, will

either need to modify existing permits to include greenhouse gases or obtain new permits based strictly on

emissions of greenhouse gases. One or two new businesses may also be required to apply for and obtain

an air quality permit based on ~eenhouse gas emissions, although DEP does not have sufficient

information to estimate the number of Such new sources. The Tailoring Rule requires that Connecticut

adopt the necessary requirements as of January 2, 2011 and submit those requirements to EPA by March

1, 20 l 1, or EPA may impose the requirements directly on Connecticut sources through a Federal

Implementation Plan (FIP). Such a F1P would result in dual permitting by EPA and DEP, which could

significantly slow the issuance of permits and modifications and increase costs to Connecticut businesses.
ATTACHMENT F
The Connecticut General Assembly

Legislative Commissioners’ Office

Max S, Case

Commissioner

Edwin J. Matey, Jr,

Commissioner

Larry G. J. Shapiro

Director

Legislative Office Building

Suite 5500

Hartford, Connecticut

06106-1591

(860) 240-8410

fax (860) 240-84t4

e-mail: lco @cga.ct.gov

Memorandum

From:

Committee Meeting Date:

Legislative Regulation Review Committee

Legislative Comrmsslone s Office

January 25, 201t

Regulation No: 2011-2

Agency: Department of Environmental Protection

Subject Matter: Greenhouse Gas Emissions Permitting

Statutory Authority: 22a- 174

(copy attached) i

Mandatory _Y_

Federal Requirement

~

For the Committee’s Information:

The Small Business Impact Analysis prepared by the department simultaneously indicates

that the regulation will not have an effect on small businesses and that the regulation may

have an adverse effect on small businesses. The explanation provided by the department

indicates that this analysis is partly attributable to the fact that of the 15-20 existing soumes

in the state that will be subject to the new requirement, it is believed that four may be small

businesses but because of the lack of readily available business information on these

entities it is unclear if they meet the definition of a small business.
Substantive Concerns:

Technical Corrections:

1. On page 2, in subparagraph (B) of subdivision (21), ’to equal the "CO2e" ’ should be

deleted for clarity.

2. On page 16, in subparagraph (H), "Table 3a(k)(1)" should be "Table 3a(k)-I of

subsection (k) of this section" for accuracy.

3. Throughout section 7, references to "Table 3a(k)-I of this section" should be "Table

3a(k)-I of subsection (k) of this section" for accuracy.

4. Throughout section 8, references to "Table 3a(k)-i" should be "Table 3a(k)-i of this

subsection" for accuracy and consistency.
Recommendation:

X Approval in whole

X with technical corrections

X with deletions

with substitute pages

Disapproval in whole or in part

Rejection without prejudice

Revaewed by.

Date:

Bradford M. Towson / Angela Rehm

January 11, 2011

3
Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations.

Fees. Exemptions. General pernfits. Appeal of commissioner’s action re permit

applications. (a) The cormnissione~, in the manner provided in subdivision (1) of section

22a-6, shall have the power to formulate, adopt, amend and repeal regulations to control

and prohibit air pollution throughout the state or in such areas of the state as are affected

thereby, which regulations shall be consistent with the federal Air Pollution Control Act

and which qualify the state and its municipalities for available federal grants. Any person

heard at the pubhc hearing on any such regulation shall be given written notice of the

determination of the commissioner.

(b) The commissioner shall have the power to (1) enter into contracts with technical

consultants, including, but not limited to, nonprofit corporations created for the purpose of

facilitating the state’s implementation of multistate air pollution control programs, for

special studies, advice and assistance; to consult with and advise and exchange information

with other departments or agencies of the state; and (2) serve on the board of directors of a

nonprofit corporation, including, but not limited to, a nonprofit corporation created for the

purpose of facilitating the state’s implemen{ation of multistate air pollution control

programs.

(c) The cormnissioner shall have the power, in accordance with regulations adopted by

him, (1) to require that a person, before undertaking the construction, installation,

enlargement or establishment of a new air contaminaut source specified in the regulations

adopted under subsection (a) of this section, submit to him plans, specifications and such

information as he deems reasonably necessary relating to the constraction, installation,

enlargement, or establishment of such new air contaminant source; (2) to issue a penrfit

approving such plans and specifications and permitting the construction, installation,

enlargement or establishment of the new air contaminant source in accordance with such

plans, or to issue an order requiring that .such plans and specifications be modified as a

condition to his approving them and issuing a permit allowing such construction,

installation, enlargement or establishment in accordance therewith, or to issue an order

rejecting such plans and specifications and prohibiting construction, installation,

enlargement or establishment of a new air contaminant source in accordance with the plans

and specifications submitted; (3) to require periodic inspection and maintenance of

combustion equipment and other sources of air pollution; (4) to require any person to

maintain such records relating to air pollution or to the operation of facilities designed to

abate air pollution as he deems necessary to carry out the provisions of this chapter and

section 14-164c; (5) to require that a person in control of an air contaminant source

specified in the regulations adopted under subsection (a), obtain a permit to operate such

source if the source (A) is subject to any regnlations adopted by the commissioner

concerning high risk hazardous air pollutants, (B) bums waste oil, (C) is allowed by the

4
commissioner, pursuant to regulations adopted under subsection (a), to exceed emission

limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E)

violates any provision of this chapter, or any regulation, order or permit adopted or issued

thereunder; (6) to require that a person in control of an air contaminant source who is not

required to obtain a permit pursuant to this subsection register with him and provide such

information as he deems necessary to maintain his inventory of air pollution sources and

the commissioner may require renewal of such registration at intervals he deems necessary

to maintain such inventory; (7) to require a permit for any source regulated under the

federal Clean Air Act Amendments of 1990, RL. 101-549; (8) to refuse to issue a permit if

the Environmental Protection Agency objects to its issuance in a timely manner under Title

V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any

regulation adopted under this chapter, to require that any source permitted under Title V of

the federal Clean Air Act Amendments of 1990 shall comply with all applicable standards

set forth in the Code of Federal Regulations, Title 40, Parts 51, 52, 59, 60, 61, 63, 68, 70,

72 to 78, inclusive, and 82, as amended from time to time.

(d) The commissioner shall have all incidental powers necessary to carry out the

purposes of this chapter and section 14-164c.

(e) As used in this subsection, "contiguous" means abutting or adjoining without

consideration of the actual or projected existence of roadways, waikways, plazas, parks or

other minor intervening features; "indirect source" means any building, structure, facility,

installation or combination thereof, that has or leads to associated activity as a result of

which any air pollutant is or may be e~rfitted. The commissioner shall not/equire the

submission of plans and specifications under indirect source regulations adopted pursuant

to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be

undertaken within a redevelopment area or urban renewal project, as defined in chapter

130, provided (1) the proposed construction is pursuant to a plan for such redevelopment

area or urban renewal project adopted pursuant to section 8-127 prior to October 1, 1.974,

or to a modification of such plan, (2) the proposed construction is part of a contiguous,

single purpose or multipurpose development or developments and (3) site clearance or

construction had commenced on a portion of the site of such development or developments

prior to October 1, i974, nor shall the commissioner issue any order pursuant to

subdivision (1) of subsection (c) of this section pertaining to the enforcement of indirect

source regulations with respect to such proposed construction within such redevelopment

areas and urban renewal projects. In the event that the modification of any such plan after

October 1, 1974, would result in the proposed construction generating substantially more

motor vehicle traffic than would have been generated prior to such modification, the

submission of plans and specifications shall be required for such proposed modification.

The commissioner shall not require the renewal of an indirect source operating permit

5
issued in accordance with subsection (c) of this section unless such indirect source no

longer conforms with plans, specifications or other information submitted to said

commissioner in accordance with said subsection

(f) The commissioner shall allow the open burning of brash on residential property,

provided the burning is conducted by the resident of the property or the agent of the

resident and a permit for such burning is obtained from the local open burning official of

the municipality in which the property is located, and the open burning of brush in

municipal landfills, transfer stations and municipal recycling centers, provided a permit for

such burning is obtained from the fire marshal of the municipality where the facility is

located, except that no open burning of brash shall occur (1) when national or state

ambient air quality standards may be exceeded; (2) where a hazardous health condition

might be created; (3) when the forest fire danger in the area is identified by the

commissioner as extreme and where woodland or grass land is within one hundred feet of

the proposed burn; (4) where there is an advisory from the commissioner of any air

pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the

case of a municipal landfill, when such landfill is within an area designated as a hot spot

on the open burning map prepared by the commissioner. A permit for the burning of brash

at any municipal landfill, municipal transfer station or municipal recycling center shall be

issued no more than six times in any calendar year. The proposed permit to bum bmsh at

any municipal landfill, municipal transfer station or m)micipal recycling center shall be

submitted to the commissioner by the fire marshal, with the approval of the chief elected

official of the municipality in which the municipal landfill, municipal transfer station or

municipal recycling center is located. The commissioner shall approve or disapprove the

fire marshal’s proposed permitting of burning of brush at a municipal landfill, municipal

transfer station or municipal recycling center within a reasonable time of the filing of such

application. The burning of leaves, demolition waste or other solid waste deposited in such

landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires

is not prohibited if the burning is conducted so as not to create a nuisance and in

accordance with any restrictions imposed on such burning. Nothing in this subsection or in

any regulation adopted pursuant to this subsection shall affect the power of any

municipality to regulate or ban the open burning of brush within its boundaries for any

purpose. Notwithstanding any other provision of this section, fire breaks for the purpose of

contro!ling forest fires and controlled fires in salt water marshes to forestall uncontrolled

fires are not prohibited. Open burning may be engaged in for any of the following purposes

if the open buming official with jurisdiction over the area where the burning will occur

issues an open burning permit: Fire-training exercises; eradication or control of insect

infestations or disease; agricultural purposes; clearing vegetative debris following a natural

disaster; and vegetative management or enhancement of wildlife habitat or ecological

sustainability on municipal property or on any privately owned proper~y permanently

6
dedicated as open space. Open burning for such purposes on state property may be

engaged in with the written approval of the commissioner. Local burning officials

nominated for the purposes of this subsection shall be nominated only by the chief

executive officer of the municipality in which the official will serve and shall be certified

by the commissioner. The chief executive officer may revoke the nomination. The

commissioner may adopt regulations, in accordance with the provisions of chapter 54,

governing open burning and may authorize or prohibit open burning consistent with this

section. The regulations may require the payment of an application fee and inspection fee

and may establish a certification procedure for local burning officials.

(g) The commissioner shall require, by regulations adopted in accordance with the

provisions of chapter 54, the payment of a permit application fee sufficient to cover the

reasonable costs of reviewing and acting upon an application for, and monitoring

compliance with the terms and conditions of, any state or federal permit, license, order,

certificate or approval required pursuant to this section. Any person obtaining a permit,

pursuant to said regulations, for the construction or operation of a source of air pollution or

for modification to an existing source of air pollution shall submit a permit fee of twice the

amount of the fee established by regulations in effect on July !, 1990. The commissioner

shall require the payment of a permit application fee of two hundred dollars.

(h) The commissioner may require, by regulations adopted in accordance with the

provisions of chapter 54, payment of a fee by the owner or operator of a source of air

pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control

device through the use of a dust compound in the detection of leaks in such device, or the

monitoring of such test, pro-~ided such fee may not exceed the average cost to the

department for the conduct or monitoring of such tests plus ten per cent of such average

cost. Except as specified in section 22a-27u, all payments received by the commissioner

pursuant to this subsection shal! be deposited in the General Fund and credited to the

appropriations of the Department of Environmental Protection in accordance with the

provisions of section 4-86.

(i) Notwithstanding the provisions of subsectious (g) and (h) of this section, no

municipality shall be required to pay more than fifty per cent of any fee established by the

commissioner pursuant to said subsections.

(]) Fees or increased fees prescribed by this section shall not be applicable to residential

property.

(k) (1) The commissioner may issue a general permit with respect to a category of new

or existing stationary air pollution sources, except with respect to a source which is already

covered by an individual pern~t, provided the general permit is not inconsistent with the

7
federal Clean Air Act, as ameuded in 1990, 42 USC, Sections 7401 et seq., and as it may

be further amended from time to time. Any person conducting an activity for which a

general permit has been issued shall not be required to obtain an individual pe~nit under

this section, except as provided in subdivision (5) of this subsection. The general permit

may regulate a category of sources which, whether or not requiring a permit under the

federal Clean Air Act, (A) involve the same or substantially similar types of operations or

substances, (B) require the same types of pollution control equipment or other operating

conditions, standards or limitations, and (C) require the same or similar monitoring, and

which, in the opinion of the commissioner, are more appropriately controlled under a

general permit than under an individual permit. The general permit may require that any

person proposing to conduct any activity under the general permit register such activity,

including obtaining approval from the commissioner, before the general permit becomes

effective as to such activity, and may include such other conditions as the commissioner

deems appropriate, including, but not limited to, management practices and verification

and reporting requirements. Any such reports shall be made available to the public by the

commissioner. The commissioner shall grant an application for approval under a general

permit without repeating the notice and con~anent procedures provided under subdivisiou

(2) of this subsection, and such a grant shall not be subject to judicial review under

subdivision (4) of this subsection. Registrations and applications for approval under the

general permit shall be submitted on forms prescribed by the cormnissioner; application

forms concerning activities regulated under the federal Clean Air Act shall require that the

applicant provide such information as may be required by that act. The commissioner shall

prepare, and annually amend, a list of holders of general permits under this section, which

list shall be made available to the public.

(2) Notwithstanding any other procedures in this chapter, any regulations adopted

thereunder, and chapter 54, the commissioner may issue a general permit in accordance

with the following procedures: (A) The commissioner shall publish in a newspaper, having

a substantial circulation in the affected area or areas, notice of (i) i~tent to issue a general

permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity to submit

written comxnents thereon, and (iv) the right to a public hearing if, within the comment

period, the commissioner receives a petition signed by at least twenty-five persons

provided the notice shal! state that the right to a public hearing may be exercised upon

request of any person if the permit regulates an activity which is subject to provisions of

the federal Clean Air Act; (B) the administrator of the United States Environmental

Protection Agency and any states affected by the genera! permit shal! be given notice as

may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment

period of thirty days following publication of notice under subparagraph (A) of this

subdivision during which interested persons may submit written corrtrnents concerning the

permit to the commissioner; (D) the commissioner shall not issue the general permit until
after the comment period and the public hearing, if one is held; (E) the commissioner shall

publish notice of any general permit issued in a newspaper having a substantial circulation

in the affected area or areas; and (F) summary suspension may be ordered in accordance

with subsection (c) of section 4-182. Any person may request that the commissioner issue,

modify, revoke or suspeud a general permit in accordance with this subsection.

(3) Any general permit under this subsection shall be issued for a fixed term. A general

pen-nit covering an activity regulated under the federal Clean Air Act shall be issued for a

term of no more than five years. A general permit covering an activity regulated under the

federa! Clean Air Act shall contain such additional conditions as may be required by that

act.

(4) Notwithstanding any other provision of this chapter and chapter 54, with respect to a

general permit concerning activities regulated under the federal Clean Air Act, any person

who submitted timely comments thereon may appeal the issuance of such permit to the

superior court in accordance with the provisions of section 4-183. Such appeal shall have

precedence in the order of trial as provided in section 52-192.

(5) Subsequent to the issuance of a general permit, the commissioner may require a

person whose activity is or may be covered by the general permit to apply for and obtain

an individual permit pursuant to this chapter if he determines that an individual permit

would better protect the land, air and waters of the state from pollution. The commissioner

may require an individual permit under this subdivision in cases including, but not limited

to, the following: (A) The permittee is not in compliance with the conditions of the general

permit; (B) a change has occurred in the availability of demonstrated technology or

practices for the contro! or abatement of pollution applicable to the permitted activity; (C)

circumstances have changed since the time the general pemait was issued so that the

permitted activity is no longer appropriately controlled under the general permit, or a

temporary or permanent reduction or elimination of the permitted activity is necessary; or

(D) a relevant change has occurred in the applicability of the federal Clean Air Act. In

making the determination to require an individual permit, the commissioner may consider

the location, character and size of the source and any other relevant factors. The

commissioner may require an individual permit under this subdivision only if the person

whose activity is covered by the general permit has been notified in writing that an

individual permit is required. The notice shall include a brief statement of the reasons for

requiring an individual permit, an application form, a statement setting a time for the

person to file the application and a statement that the general permit as it applies to such

person shall automatically terminate on the effective date of the individual permit. Such

person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any

person may petition the commissioner to take action under this subdivision.

9
(6) The commissioner may adopt regulations, in accordance with the provisions of

chapter 54, to carry out the purposes of this subsection.

(1) In any proceeding on an application for a perrrfit which is required under 42 USC

7661a, the applicant, and any other person entitled under said section to obtain judicial

review of the commissioner’s final action on such application may appeal such action in

accordance with the provisions of section 4-183.

(m) The commissioner shall not issue a permit for an asphalt batch plant or continuous

mix facility under the provisions of this section until July 1, 2004, unless the commissioner

determines that the issuance of the permit will result in an improvement of environmental

performance of an existing asphalt batch plant or continuous mix plant. The provisions of

this section shall apply to any application pending on May 5, t 998. Nothing in this section

shall apply to applications for upgrading, replacing, consolidating or otherwise altering the

physical plant of an existing facility provided such upgrade, replacement, consolidation or

alteration resuks in an improvement of environmental performance or in reduced total

emissions of air pollutants.

10