FOURTH REVISION TO THE 

SECTION 129 STATE PLAN TO 

IMPLEMENT THE LARGE AND SMALL 

MUNICIPAL WASTE COMBUSTOR 

EMISSION GUIDELINES 

State of Connecticut 

Department of Environmental Protection 

Bureau of Air Management 

79 Elm Street 

Hartford, CT 06106-5127 

www.ct.gov/dep 

October 17, 2008 

CONNECTICUT DEPARTMENT OF EN1tIRONMEhITAL PROTECTION 
FOURTH REVISION TO THE SECTION 129 STATE PLAN TO 

IMPLEMENT THE LARGE AND SMALL 

MUNICIPAL WASTE COMBUSTOR EMISSION GUIDELINES 

I. INTRODUCTION AND BACKGROUND 

This document explains the Connecticut Department of Environmental Protection's (CTDEP's) 

fourth revision of its State Plan to Implement the Large and Small Municipal Waste Combustor 

Emissions Guidelines (Plan), in satisfaction of Sections 111 and 129 of the Clean Air Act (CAA) 

and 40 Code of Federal Regulations (CFR) Part 60, Subpart B. 

Although Connecticut's history of compliance with the U.S . Environmental Protection Agency's 

(EPA's) municipal waste combustor (MWC) emission guidelines has been brief, it has been 

lively . CTDEP's original Plan was approved in 20001 in response to EPA's issuance of emission 

guidelines and new source performance standards (NSPS) in 1995 .2 CTDEP revised that original 

submission on three previous occasions. The first and second revisions to the Plan submitted on 

November 28, 2000 and October 15, 2001 were approved on December 6, 2001 (66 FR 63311) 

and became effective on January 7, 2002. The third revision to the Plan was submitted on 

September 16, 2004 and approved on February 25, 2005 (70 FR 9226) . Each revision involved 

changes to the Plan's enforceable mechanism, section 22a-174-38 (Section 38) of the 

Regulations of Connecticut State Agencies (RCSA). 

Although EPA did not promulgate emissions guidelines for small MWC units until December 6, 

2000,3 Section 38 has always applied to all the state's MWC units, large and small. The third 

revision to the Plan added certain monitoring, recordkeeping and administrative requirements to 

Section 38 pursuant to EPA's small MWC requirements . The name and scope of the Plan were 

also changed at that time to note the inclusion of requirements for both large and small MWC 

units. 

This fourth revision to the Plan is prompted by EPA's 5-year review of the MWC emission 

guidelines and NSPS, issued on May 10, 2006 (May 2006 Revision) .4 EPA's 5-year review 

resulted in reductions in certain emissions limits and revisions to compliance testing requirements. 

In response, CTDEP revised Section 38 to retain a level of stringency at least equivalent to the 

requirements of the 5-year review. CTDEP also made changes to Section 38 outside the scope of the 

5-year review. 

This submission describes the changes to Section 38 effective as of July 7, 2008 and documents 

how the revision process satisfied the public participation requirements of 40 CFR 60 .23 . With 

EPA approved the Plan by direct final rule on April 21, 2000 (6 5 FR 21354), and the Plan became effective 

June 20, 2000. 

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: 

Large Municipal Waste Combustors, 60 FR 65387 (1995) (codified at 40 CFR 60, Subparts Cb and Eb) 

(subsequently amended). 

65 FR 76377 (codified at 40 CFR Part 60, Subpart BBBB). Small MWC units are defined by capacities 

between 35 and 250 tons per day of municipal solid waste. 

71 FR 27324. 
respect to a demonstration of the state's legal authority to implement this Plan and the inventory 

of Connecticut MWC units, CTDEP refers to and incorporates the current Plan as approved. 

II. CHANGES TO THE ENFORCEABLE MECHANISM 

The July 7, 2008 revision of Section 38 serves the primary purpose of updating the regulation in 

accordance with the May 2006 Revision. The revision process also presented an opportunity for 

CTDEP to make the following changes outside the scope of the 5-year review: deleting 

.requirements for new MWC units, as such requirements are redundant to the independently 

applicable NSPS ; strengthening air pollution control equipment record keeping requirements ; 

and designating an end to the creation and use of emission reduction credits (ERCs) in Section 

38's nitrogen oxides (NOx) ERC trading program. Section 38 retains emissions limits for 

mercury and NOx that are more stringent than the limits of the emission guidelines. 

A copy of Section 38 marked to show the July 7, 2008 revisions is included as Exhibit A.5 

While varying in certain respects from EPA's MWC emission guidelines, the requirements of 

Section 38 as revised are at least as protective as EPA's requirements for large and small MWCs . 

A summary of the significant changes made by the July 7, 2008 revision to Section 38 is set forth 

below. 

A. Applicability 

Several changes are made to the applicability (subsection (b)) of Section 38 : requirements 

specific to new MWCs are eliminated, as such requirements are redundant to the independently 

applicable NSPS; applicability requirements and a definition concerning co-fired combustors are 

eliminated, as no existing co-fired combustors operate under Section 38; and units operating 

pursuant to Section 38 are eliminated from applicability under RCSA section 22a-174-22, as 

Section 38's requirements for NOx are more stringent than the requirements of RCSA section 

22a-174-22 . 

B. Emissions Limits 

The emissions limits for particulate matter, cadmium and lead are reduced consistent with the 

May 2006 Revision (subsection (c)) . Obsolete emissions limits for mercury and NOx are 

eliminated . Consistent with this change, CTDEP is including the mercury emission limit of 

0.028 mg/dscm for approval in the Plan, which is a departure from previous Plan submissions in 

which the 0.028 mg/dscm limit was not submitted for federal approval.b 

C. NOx Emissions Credit Trading Program 

CTDEP has chosen to end the creation of ERCs in its NOx emissions trading program 

(subsection (d)) as of January 1, 2009 and to end the trading and use of such ERCs as of May l, 

2013 . 

In Exhibit A, new language is underlined and deleted language is enclosed in brackets . Exhibit B presents 

Section 38 as revised effective July 7, 2008, marked in strikeout font to indicate those provisions of Section 38 that 

are not submitted into the Plan but will remain as state enforceable requirements only . 

CTDEP recognizes that the submission of the 0.028 mg/dscm mercury limit for federal approval is 

inconsistent with the response to Comment 1 in the hearing report included in Exhibit C. EPA has informed CTDEP 

that the submission of that mercury limit is necessary for full approval of the Plan. As that limit has applied to 

MWC owners and operators since December 19, 2000 and has been included in Title V operating permits issued to 

each MWC in Connecticut, the federal approval of the limit as part of the Plan makes no practical difference in the 

MWC operation or in the federal enforceability of the limit to each facility . 
D. Testing 

The annual performance test schedule (subsection (i)) is revised consistent with the May 2006 

Revision to allow annual performance tests to occur no less than nine and no more than 12 

months following the previous performance test . Initial performance test requirements, which 

were necessary at the initial promulgation of Section 38 but are not applicable to existing 

MWCs, are eliminated . 

E. Monitoring 

Relative accuracy criteria are added to subsection (j) for sulfur dioxide and carbon monoxide 

monitors, consistent with the May 2006 Revision. Carbon injection system operation indicators 

are specified. 

F. Records 

New provisions (subdivisions (12) and (13) of subsection (k)) are added at CTDEP's initiative to 

require owners to maintain records of air pollution control equipment reagent feed rate and use; 

daily fossil fuel usage rates; and daily hours of operation. These provisions are not submitted for 

approval into the Plan. 

G. Compliance 

Outdated compliance schedules are eliminated from subsection (m) . 

H. Scope 

The original submission and first three revisions of the Plan addressed the emission guidelines 

and the NSPS, although CTDEP did so cognizant that a state plan is required only to address the 

emissions guidelines. The July 7, 2008 revision of Section 38 eliminates the requirements of 

Section 38 that duplicate the NSPS, in recognition of the NSPS as independently applicable to 

the owners and operators of MWCs. The title of the Plan is changed accordingly with this 

submission, eliminating the reference to the NSPS . 

III. DOCUMENTATION OF PUBLIC PARTICIPATION REQUIREMENTS 

A notice scheduling the public hearing on the revision of Section 38 was published on October 2, 

2007 in the Connecticut Law Journal and four area newspapers: The New London Day, the 

Connecticut Post, The Register Citizen and the Hartford Courant. The revision was available for 

public inspection at the Bureau of Air Management and four public libraries. Notice of the 

hearing was provided to the EPA Regional Administrator and the state air quality regulators in 

the surrounding states of Massachusetts, New Jersey, New York and Rhode Island . 

The public hearing was held on November 7, 2007 in Hartford, Connecticut. Two people 

attended the hearing, and neither person made oral comment. Five persons submitted timely 

written comments. Certification of the public hearing, identification of the hearing attendees and 

a summary of the written comments is included in Exhibit C. 
IV. LIST OF EXHIBITS SUBMITTED 

Exhibit A: RCSA section 22a-174-38, as revised effective July 7, 2008, marked to show 

changes. 

Exhibit B: RCSA section 22a-174-38, as revised effective July 7, 2008, marked with 

strikeout font to indicate provisions in subsection (k) not submitted for 

approval. 

Exhibit C

. 

- Public Participation Documentation 

1 . Certification of public hearing 

2 . Identification of the hearing attendees 

3 . Summary of written comments and responses