# FOURTH REVISION TOTHE

SECTION 129 STATE PLANTO IMPLEMENT THE LARGE ANDSMALL MUNICIPAL WASTE COMBUSTOR EMISSION GUIDELINES

State of Connecticut Department of Environmental Protection Bureau ofAir Management 79 ElmStreet Hartford, CT 06106-5127 www .ct .gov/dep 

## October 17, 2008 CONNECTICUT DEPARTMENT OF EN1tIRONMEhITAL PROTECTION

### FOURTH REVISIONTOTHE SECTION 129 STATE PLANTO IMPLEMENT THE LARGE ANDSMALL MUNICIPAL WASTE COMBUSTOR EMISSION GUIDELINES I . INTRODUCTIONANDBACKGROUND 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 129ofthe Clean Air Act (CAA) and 40Code of Federal Regulations (CFR) Part 60, Subpart B. Although Connecticut's history ofcompliance 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. Thefirst and second revisions to the Plan submitted on November 28, 2000and October 15, 2001 were approved on December 6, 2001 (66 FR63311) 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) ofthe Regulations of Connecticut State Agencies (RCSA) . Although EPAdid not promulgate emissions guidelines for small MWCunits until December 6, 2000,3 Section 38 has always applied to all the state's MWCunits, 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 MWCemission 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 . CTDEPalso made changes to Section 38outside the scope ofthe 5-year review

. This submission describes the changes to Section 38effective as ofJuly 7, 2008 and documents how the revision process satisfied the public participation requirements of 40CFR60.23. With EPAapproved the Plan by direct final rule on April 21, 2000 (65 FR21354), and the Plan became effective June 20, 2000.

Standards ofPerformancefor New Stationary Sources and Emission Guidelinesfor Existing Sources: Large Municipal WasteCombustors, 60 FR 65387 (1995) (codified at 40 CFR60, Subparts Cb and Eb) (subsequently amended) . 65 FR76377 (codified at 40 CFRPart 60, Subpart BBBB) . Small MWCunits are defined by capacities between 35 and 250tons per day ofmunicipal solid waste.

71 FR27324

.respect to a demonstration ofthe state's legal authority to implement this Plan and the inventory of Connecticut MWCunits, CTDEPrefers to and incorporates the current Plan as approved. II . CHANGES TOTHE 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 CTDEPto make the following changes outside the scope of the 5-year review : deleting .requirements for new MWCunits, 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. Acopy ofSection 38 marked to show theJuly 7, 2008 revisions is included as Exhibit A .5 Whilevarying in certain respects fromEPA's MWCemission guidelines, the requirements of Section 38 as revised are at least as protective as EPA's requirements for large and small MWCs. Asummary ofthe significant changes made by theJuly 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 fromapplicability 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 fromprevious Plan submissions in which the 0

.028 mg/dscm

limit was not submitted for federal approval .b C . NOx Emissions Credit Trading Program CTDEPhas chosen to end the creation of ERCs in its NOx emissions trading program (subsection (d)) as ofJanuary 1, 2009 and to end the trading and use of such ERCs as of May l, 2013. In Exhibit A, new language is underlined anddeleted 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 butwill remain as state enforceable requirements only.

CTDEPrecognizes 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 . EPAhas informed CTDEP that the submission of that mercury limit is necessary for full approval ofthe Plan. As that limit has applied to MWCowners and operators since December 19, 2000 and has been included in Title Voperatingpermits issued to each MWCin Connecticut, the federal approval of the limit as part of the Plan makes no practical difference in the MWCoperation or in the federal enforceability ofthe limit to each facility.D

. Testing The annual performance test schedule (subsection (i)) is revised consistent with the May 2006 Revision to allowannual 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 systemoperation 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 ofair pollution control equipmentreagent feed rate and use; daily fossil fuel usage rates; and daily hours ofoperation. 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 ofthe Plan addressed the emission guidelines and the NSPS, although CTDEPdid so cognizant that a state plan is required only to address the emissions guidelines. TheJuly 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 ofthe Plan is changed accordingly with this submission, eliminating the reference to the NSPS. III . DOCUMENTATION OF PUBLIC PARTICIPATION REQUIREMENTS Anotice scheduling the public hearing on the revision ofSection 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 ofAir Management and four public libraries. Notice ofthe 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. Twopeople 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 ofthe written comments is included in Exhibit C .IV. LIST OF EXHIBITS SUBMITTED Exhibit A

: RCSAsection 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 ofthe hearing attendees 3. Summary ofwritten comments and responses