fulv l7 .?0n)I ( :() \\C("C[( :1 'T f<\%~' .Jot 'RN:\L P, t,-, IB 

Regulations and notices published herein, pursucutt to General .Stcetutes Sections -1-165 and -1-173 . ctre printed e.eactls cts 

submitted 

hs the 

fUl-ri'ctl'Chltg a,,ettcies . These, beiitq ojfcicul (loceuttents submitted bY the 

responsible ct,c,,encies. are c'nnsequentlv tiut subject to eclitut,, hr the 

Commission on Officicl Le,-al Puhliccrtiutt s .crtiuts . ` 

rt c~unuclutive list ufejfC'Ct11Y cIINL'ItCIlIe11t.S' to the Reg«lcrtuilts n/ Curtnecticut State .-l-ettcies tnc .v beftnind in the Connecticut Lilt- Journal 

dated Jtilv 3. 2001. 

__ EXHIBIT A 

ADMINISTRATIVE REGULATIONS 

DEPARTiVIEyT OF ENVIRONiV1ENTAL PROTECTION 

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Notice of Intent to Adopt, Revise and Repeal State Air Quality Regulations, 

Revise the State Implementation Plan for Air Quality and Revise the State 

Title V Operating Permit Program 

The Commissioner of Environmental Protection hereby gives notice of a public 

hearing as part of a rulemakin~; proceeding. The purpose of this proceeding is to 

adopt. revise and repeal state regulations concerning the abatement of air pollution. 

The Connecticut Department of Environmental Protection (DEP) will submit these 

reaulations to the U.S . Environmental Protection Agency (EPA) as either a revision 

to the State Implementation Plan (SIP) for air quality us required by the federal 

Clean Air Act (CAA) or as a revision to the state operating permit program as 

required by Title V of the CAA. 

The public hearing concerns eight sections of the Regulations of Connecticut 

State A-encies (R.C .S .A.), described further below. These reRulations implement 

two federal programs as required by the CAA. These programs are the new source 

review (NSR) pre-construction review pro-ram and the Title V operating permits 

program (Title V). EPA granted interim approval to DEP to implement the Title V 

program in "Clean Air Act Interim Approval of Operatins., Permits Proarram : Delegation of Section 111 and 112 Standards; State of Connecticut," Proposed Rule, 61 

Fed. Reg . 6-1651 (December 6. 1996) finalized by EPA at 6? Fed. Reg. 3830 (March 

?4, 1997) (hereafter. EPA's Title V Interim Approval). The EPA's Title V Interim 

Approval identified approximately thirty issues that the DEP must address before 

EPA will convert the interim approval to a full approval . DEP now . pursuant to 

EPA's Title V Interim Approval, proposes to revise the state Title V operating 

permit program regulations consistent with the EPA's Title V Interim Approval in 

order to obtain final approval of the operating permits program as mandated by 

the CAA. 

All interested persons are invited to comment on the proposed regulations. Comments should be directed to the attention of Ellen Walton of the Department of 

Environmental Protection, Bureau of Air Mana-ement, Plannincy and Standards 

Division, 79 Elm Street, Hartford, Connecticut 06106-5127 . In addition to submittin,-, 

comments at the public hearing described below, comments may be submitted by 

facsimile to .(360) -12=1-=1063 or by electronic mail to ellen.walton@po .state .ct.us. 

All comments must be received by 5:00 P1vL September 7, 2001 . 

R.C.S .A. section 22a-174-1 - Definitions. This amendment consolidates into 

one section the definitions of terms that are used in multiple sections of the regulations 
Nz,,(, rg ( :oVNE('TICt'T L I()('Y\.aL July 17 . 2001 

for the abatement of air pollution . This amendment also clarifies and streamlines 

existing definitions pertaining to Federal programs and requirements implemented 

by the DEP. 

R.C .S .A . section 22a-174-3-Registration requirements for existing stationary 

sources of air pollutants. The provisions of this section are obsolete and proposed 

for repeal . 

R.C.S .A. section ??a-174-2a -*Procedural requirements for new source review 

and Title V permitting. Like the proposed amendment to section 32a-174-1 of the 

R.C .S .A., this amendment addresses a number of issues raised in EPA's Title V 

Interim Approval . This amendment establishes a minor permit revision procedure 

for holders of Title V operating permits. Such procedures meet the requirements 

set forth in 40 Code of Federal Regulations (CFR) 70.7(e)(') bv providing adequate . 

streamlined and reasonable procedures for expeditiously processing Title V permit 

modifications. This amendment also consolidates many procedural requirements 

that must be met prior to the issuance of new source review permits under proposed 

new section 33a-174-3a of the R.C .S .A. and the amended Title V operating permits 

under section 22a-174-33 of the R.C .S .A. 

R.C.S .a. section 22a-174-3 - Permits to construct and permits to operate 

stationary sources or modifications. The provisions of this section are proposed 

for repeal and replacement by section 2?a-174-3a of the R.C.S .A . 

R.C .S .A . section 22a-174-3a - Permit to Construct and Operate Stationary 

Sources. This new section addresses a significant issue raised in EPA's Title V 

Interim Approval regarding the requirement that the state adopt a federal program. 

pursuant to section 11?(g) of the CAA and 40 CFR 63 . Subpart B. for the preconstruction review of new or reconstructed sources of federally listed hazardous 

air pollutants (HAPs). As part of such pre-construction review . the DEP will be 

authorized to establish maximum achievable control technology requirements to 

limit HAP emissions from sources for which the EPA has not issued any control 

requirements . 

In addition to establishment of a program pursuant to section I 12(a) of the CAA. 

this amendment reconciles certain applicability provisions under which some sources 

are required to apply for. but not obtain . an air pollution control permit . This 

amendment provides the requirements for permit applications . standards for granting 

permits and permit modifications. and establishes the threshold for which a state 

specific air pollution control permit is required at a level of 15 tons per year of 

potential emissions . Because the state permit threshold is more stringent than the 

federal proaram. this amendment also provides for an exemption from the requirement to obtain a new source review permit, when a source operates in a manner 

that restricts actual emissions below the applicability thresholds . 

R.C.S .A. section 22a-174-3b - Exemption from permitting for construction 

and operation of external combustion units, automotive refinishing operations, 

emergency engines, non-metallic mineral processing equipment and surface 

coating operations. This new -section establishes practicably enforceable emission 

limitations and operational restrictions for several source categories . Compliance 

with the emission limitations and operational restrictions will limit the actual emissions of these small stationary sources to levels for which an individual permit 

under R.C .S .A. section ?2a-17=1-3a will not be required in most cases . This section 

also establishes record keeping requirements appropriate for these small stationary 

sources to demonstrate compliance with the applicable standards. Several provisions 
Jidy 17 . 2001 CONNECTU'[.'1' ~ ~tc .10>I :RN:\L PaeP :38 

of this proposed regulation will be submitted to EPA to address a portion of the 

EPA-identified emission reduction shortfall of 4.9 tons per day of volatile or`ranic 

compounds and 0.=1 tons per day of nitrogen oxides within the Southwest Connecticut 

severe ozone nonattainment area. 

R.C.S .A. section 22a-17-t-3c - Limitations on potential to emit for external 

combustion units, automotive refinishing operations, emergency engineS, nonmetallic mineral processing equipment and surface coating operations . This 

new section establishes limitations' on potential emissions for a subset of the source ; 

that may be operated under R.C .S .A . section 22a-174-3b. Owners and operators of 

equipment at facilities with premises-wide fuel . coatin~, and solvent purchase level;. 

as applicable . below the limits specified in the section would not be required to 

obtain a permit under R.C .S .A . section 22a-17-1-3a or to operate under R.C .S .A. 

section 22a-17-1-3b. 

R.C.S .A. section 22a-17=i-33 - Title V Sources. This amendment addresses the 

remainder of issues raised in EPA's Title V Interim Approval . This amendment 

deletes several definitions that are added to the general definition section of the 

revulations for the abatement of air pollution (see discussion of section 22a-17-1-1 

of the R.C .S .A., above) . This amendment also deletes several procedural requirements that are incorporated in new section 22a-174-2a of thz R.C .S .A. concerning 

procedural requirements for new source review and Title V permitting . (See discussion of section 22a-174-2a of the R.C .S .A . above .) These deletions are located in 

the followincy subsections: (a) definitions, (b) sicynatory responsibilities . (1) notices. 

(m) public hearings, (r) modifications (except for operational flexibility arid off 

permit changes), (s) transfers. and (t) revocations. 

Federal approval of the operating permit program under Title V of the CAA. 

Many portions of the proposed new and amended regulations are intended to address 

issues raised in EPA's Title V Interim Approval . Such portions are set forth in 

R.C.S .A . sections : 22a-17=1-1(4), (35), (59), (68), (110); 22a-17-1-2a(a) . (b), (c). 

(d)(1), (d)(4), (d)(5), (d)(7), (d)(8) . (e)(2), (e)(3)~ (e)(5), (f)(2), (fl(3) . (f)(4), (t)(5) . 

(t)(6), (~), (h) and (i)(2) and (i)(4) ; 22a-174-3a(a)(1)(C) and (m) ; and 22a-17=1-33, 

except subsection (d). To assist EPA in their review of the Connecticut Title V 

operating permit program, the DEP requests that members of the public who submit 

comments to the Department on the Connecticut Title V operating permit program 

also submit a copy of such comments to EPA. Please submit the Title V related 

comments to Steve Rapp. Unit Manager, Air Permit Pro-ram Unit. Office of Ecosvstem Protection (mail code CAP) USEPA, EPA New En2land, 1 Conoress Street . 

Suite I 100, Boston, MA 02114-2023 . 

In addition to accepting written comments, the Department of Environmental 

Protection will also hold a public hearing as described below . Persons appearing at 

this public hearin .o are requested to submit a written copy of their statement. However. 

oral comments will also be made a part of the hearing record and are welcome. 

PUBLIC HEARING 

Wednesday September 5, 2001 at 10:00 ANI 

Department of Environmental Protection 

Phoenix Auditorium, 5th Floor 

79 Elm Street, Hartford, CT 

Copies of the amendments described above are available for public inspection 

during normal business hours and may be obtained from Ellen Walton at the Bureau 

of Air Management, Planning and Standards Division, 5th Floor, 79 Elm Street . 
Pas;e 4B 

July I T, 2001 

Hartford . CT. Additional copies are also available for review at the Law Reference 

Desk of the Connecticut State Library, the Torrington Public Library, the New 

London Public Library and the Bridgeport Public Library . For further information. 

contact Ellen W;alton of the Bureau of Air Mana;ement at (860) -124-3027. All 

comments must be received by 5 :00 NA, Aut,uSt 10. 2001 . 

The Department of Environmental Protection supports the goals of the Americans 

with Disabilities Act of 1990. Any individual who needs auxiliary aids for effective 

communication during this public hearing or in submitting public comments should 

contact Betty Lirot. ADA Coordinator at (860) 424-3035 or TDD (86Q) 424-3333 

at least one week before the public hearing. 

The authority to adopt this amendment is granted by sections 2"?a-6 and 2'a-174 

of the Connecticut General Statutes (C.G.S .) . This notice is required pursuant to 

C.G .S . sections 22a-6. 4-168 and 40 CFR 51 .102 . 

of the Connecticut General Statutes, hereby 

ections 26-hl-,7c-1, 26-157c-4, 26-159a=4, " 

add section 26-159a-20 ~' ;159a-16 an ~ 

s . These r°ulations were approv 

ill be adoplted under authori 

s . \

men 

5 and 

;tate A~ e 

6, 2001 an 

e General Stai 

The regulations a 

ommission fishery ma 

id to conserve lobsters an 

~bstermen affected by the 101 

plement a voluntary lobster p 

bstermen can retire a numbe 

deral disaster relief funds; 

enable DEP research u; 

crease the legal minim 

ange angler creel (p 

ss, eliminate the c16 

r scup and black ba 

ferenced in DE . reg 

quotas speci ed~ 

anaRement pij 

ld summer 

c scup as, 

~ains, a 

~a ba. 

~ of theii 

'?) prohi 

fede 

IenQ 

sessi 

ed seas 

0 

i's SI 

'for .s u e 

mits for . um 

or summer f unde 

) for commercial isheri 

, ons for summer floun er, scu 

_ederal regulations to quo s specifi 

Atlantic States Marine Fish ies Commi 

, _ the 

, .erctal fishery trip (possession) limi and quota adj 

~,  as the date upon which the late su er quota alloc 

adjust quarterly trip limits and quota adju ~ment values for t 

mmercial fishery. 

earln a ~¢ ~ 

rmine whqther to ado 

0 

mm 

MTM 

0 

u 

0 

0 0 

0 

e ntena~ 

N¢eme 

v 

as 

d to co 

pla 

pee-manent regu 

ly with Atlan, 

for summer fl 

an alternativ 

die-off in 

ction 

ations or 

es notice of his inten 

-159a-7, 26-159a-10 

f the Regulations o; 

d as emergency rear 

of Sections 26-1 

o 

Arthur J. Rocque, Jr . 

Commissioner 

-'159 

anectic 

ions on Ma 

and 26-159a 

tates 'Marine Fisheri 

fler, scup and black sea ba 

durce of economic assistance 

na Island Sound. They will : 

D 

gram whereby licensed commerci 

ed lobster pots for compensation frot 

possession of v-notched male lobste 

nds; (3) for recreattonal~fisherte 

ounder, scup and black sea bas 

flounder, scup and black se 

d implement closed season 

change the annual quota.q 

d black sea bass from 

n approved fishery 

n, revise winter 

ment values 

period 

black