EXHIBIT E ADD ENDUM



### HEARINGREPORT ADDENDUM REGARDINGTHE RECOMMENDEDFINAL MINIMUM DATA AVAILABILITY OF PROPOSED SUBSECTION (c)(6)(A) OF R .C.S.A

. SECTION22a-174-4 OCTOBER22, 2003 

### Pronosed R

.C .S .A

. Section 22a-174-4(c)(6)(A) minimum data availabilitY In the final wording of amended R .C.S.A

. section 22a-174-4 ("Section 4") as recommended in the response to Comment 14 ofthis report, the proposed minimum data availability of 90% for gaseous continuous emissions monitoring ("CEM") equipment was increased to 95%

. The Department proposed adoption ofthe 95% standard based on comments submitted by the U .S

. Environmental Protection Agency ("EPA") and an extensive analysis of CEM data submitted by source owners and operators in calendar years 2000, 2001 and 2002, which showed a 97% compliance rate with a 95% minimum

data availability for gaseous CEM equipment

. Acopy of this analysis is attached (Memorandum fromK

. Hill, 10/02/03)

. Since issuing the Notice of Availability for the final wording of amended Section 4, source owners and operators disagreed with the conclusion ofthe Department's analysis and commented that the 95%

minimum

data availability was overly burdensome and inconsistent with Department guidance, regulation and permits

. The Department met with the owners and operators who had commented regarding the minimum data availability to discuss these concerns and discussed this provision with staff at EPA

. Specifically, owners and operators indicated that the calculated 97%

compliance rate was a higher rate than their calculated compliance because the owners and operators use different assumptions' that are more indicative of actual source operation

. The owners and operators commented that a 95% minimum

data availability was inconsistent with the 90% minimum

data availability included in the Department's CEM guidance, the 90%

minimum

data availability required of municipal waste combustors in Section 38 and a 90%minimum data availability included in recently issued permits for certain boilers and other equipment

. Owners and operators found the 95% level exceeded the Department's stated intent : to codify the Department's CEM guidance in regulation

. Furthermore, the amendment followed a multi-year SIPRAC process at which a CEM data availability minimum increase fromthe draft 90% was never discussed

. 

### In light ofthese considerations, the Department should revise the recommendation to increase the minimumdata availability explained in the response to Comment 14 by reverting to the proposed 90%minimumdata availability for gaseous CEM equipment in the final wording ofthe proposed amended section, as follows: (6)(5) DATAAVAILABILITY

.

(A) THE OWNER OR OPERATOR OF ANY SOURCE REQUIREDTO INSTALL, OPERATE ANDMAINTAIN OPACITY CE M EQUIPMENT PURSUANT

rTOSUBSECTION (b) OF INACCORDANCE WITH 

### THIS SECTION,

' Assumptions differ in rounding methods and the use ofthe facility rather than each monitor as the basic unit of comPliance

.

### , PERMIT OR ORDER SHALL MEET THE FOLLOWING DATA AVAILABILITY REQUIREMENTS

ONAN EMISSION LIMITATION-SPECIFIC BASIS: (i) WHILE THE SOURCE IS OPERATING, THE OWNEROR OPERATOR SHALL OPERATE REQUIRED CEM EQUIPMENT PURSUANT TO SECTION22a-174-7(b) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, ANDALLOWABLE PERIODS OF MISSING DATA SHALL APPLY ONLY TOPERIODS OF DELIBERATE SHUTDOWNALLOWED BY SECTION22a174-7(b) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, UNAVOIDABLE SYSTEM MALFUNCTION ORAS OTHERWISE PROVIDED UNDER THIS SUBDIVISION, 

### (i) (ii) OMCITY EMISSIONS EXCEPT AS PROVIDED IN SUBPARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, FOR OPACITY EMISSIONS, DATA SHALL BE AVAILABLE FOR NOLESS THAN NINETY-FIVE PERCENT (95%) OF TBE TOTAL OPERATING HOURS OF THE SOURCE INANY CALENDAR QUARTER, (ii)(iii) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, FORAIR POLLUTANT EMISSIONS OTHER THAN OPACITY, DATA SHALL BE AVAILABLE FOR NO LESS THAN NINETY PERCENT (90%) OF THE TOTAL OPERATING HOURS OF THE SOURCE INANY CALENDAR QUARTER, AND (iii)(iv)PERCENT DATAAVAILABILITY SHALL BE CALCULATED USING THE FOLLOWING EQUATION :

Data Availability _( Unit Operating Time--Monitoring Downtime ~ Il *100

Unit Operating Time
VWHERE: 

### UNIT OPERATING TIME = TOTAL HOURS OF SOURCE OPERATION AT ANY LEVEL DURING THE CALENDAR QUARTER

. MONITORING DOWNTIME = TOTAL HOURS OF SOURCE OPERATIONAT ANY LEVEL DURINGTHE CALENDAR

### QUARTERWHERE EITHER NOCEM EQUIPMENT DATA WAS COLLECTED ORTHE CEM EQUIPMENT DATA WAS INVALID

. SUCH PERIODS INCLUDE, BUT ARE NOT LIMITED TO, QUALITY ASSURANCE ACTIVITIES SUCH AS CALIBRATION, PREVENTATIVE MAINTENANCE, AND CALIBRATION DRIFT EXCEEDANCES OR QUALITY ASSURANCE AUDITS THAT RESULT IN INVALID DATA

. Internal references to subsection (c)(6)(A) in subsections (c)(6)(B) and (C) should also be revised a follows :

) THE COMIVIISSIONER, IN WRITING, MAY EXEMPT THE OWNEROR OPERATOR OF ASOURCE FROM THE MINIMUM

DATAAVAILABILITY REQUIREMENTS OF SUBPARAGRAPHS (A)(ii) AND(A)(iii) (A)(iv) OF THIS SUBDIVISIONIF SUCH SOURCE IS EQUIPPED WITH PROPERLY OPERATING OPACITY CEM EQUIPMENT, ANDTHE SOURCE IS OPERATED LESS THAN OR EQUAL TOFIVE HUNDRED FOUR (504) HOURS INTIE CALENDAR QUARTER

. (C) THE COMMISSIONER, IN WRITING, MAY EXEMPT THE OWNEROR OPERATOR OF A SOURCE FROM THE MINIMUM

DATA AVAILABILITY REQUIREMENTS OF SUBPARAGRAPHS (A)(ii) AND-(A)(iii) AND (A)(iv) OF THIS SUBDIVISIONIF SUCH SOURCE IS EQUIPPED WITH PROPERLY OPERATINGGASEOUS CEM EQUIPMENT, ANDTHE SOURCE IS OPERATED LESS THAN OR EQUAL TOTHREE HUNDRED THIRTY-SIX (336) HOURS IN THE CALENDAR QUARTER

.