into account energy, environmental and economic impacts and other 

costs . In no event shall the application of BACT result in 

emissions of any pollutant which would exceed the emission 

allowed by an applicable standard under Title 40 of the Code of 

Federal Regulations Part 60 and Part 61, as from time to time may 

be amended . In determining BACT for a reconstructed source, the 

Commissioner shall take into account the provisions of Title 40 

of the Code of Federal Regulations Part 60 .15(f)(4), as from time 

to time may be amended, in assessing whether a standard of 

performance under Part 60 is applicable to such source . If the 

Commissioner determines that technological or economic 

limitations on the application of measurement methodology to a . 

particular class of sources would make the imposition of an 

emission standard infeasible, the Commissioner may prescribe a 

design, equipment, work practice or operational standard, or 

combination thereof, to satisfy the requirement for the 

application of BACT . Such standard shall, to the degree 

possible, set forth ,the emission reduction achievable by 

implementation of such design, equipment, work practice or 

operation and shall provide for compliance by means which achieve 

equivalent results] . 

[(12)](16) "Begin actual construction" HAS THE SAME MEANING AS 

IN 40 CFR 51 .165(a)(1)(xv)_. [means initiation of physical on-site 

construction activities of an emissions unit which are of a 

permanent nature . Such activities include, but are not limited 

to, installation of building supports and foundations, laying of 

underground pipework, and construction of permanent storage 

structures . With respect to a change in the method of operation 

this term refers to those on-site activities which mark the 

initiation of the change .] 

[(13)1(17) ["BTU"] "BTU" means British thermal unit, which is the 

amount of heat required to raise the temperature of one pound of 

water one degree Fahrenheit . 

[(14)](18) "CAS Number" means the number given to a compound by 

the American Chemical Society's Chemical Abstract Service . 

[(15)](19) "CFR" means the code of Federal Regulations . 

[(16)](20) "Combustion efficiency" means the percentage [number] 

calculated in accordance with the following formula : 

CE _ [ COz ] X (100) 

[ CO ] + [ COZ ] 

where : CE = Combustion efficiency in percent ; 
COz = Amount of carbon dioxide ; 

CO = Amount of carbon monoxide ; and 

CO and COZ are both measured in volume units . 

(21) "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 . 

[(17)](22) "Commence[" or "Commencement" as applied to 

construction of a stationary source or modification] 

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 under [federal 

air quality control laws and these regulations,]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 

[(i) subject to a schedule which will lead to 

completion in a reasonable time ; and 

(ii) without any breaks in such construction of more 

than 18 months ; or] 

(B) Entered into [site specific] binding agreements or 

contractual obligations TO UNDERTAKE ACTUAL 

CONSTRUCTION OF THE SOURCE WITHIN A REASONABLE TIME, 

which cannot be [cancelled] CANCELED or modified 

without substantial ECONOMIC loss to the owner or 

operator[, to undertake a program of construction of 

the source to be completed within a reasonable time] . 

[For the purposes of this definition construction means any 

physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification) 

which would result in a change in either potential or actual 

emissions .] 

[(18)](23) "Commissioner" means the Commissioner of Environmental 

Protection, or any member of the Department or any local air 

pollution control official or agency authorized by the 

[Commissioner] COMMISSIONER, acting singly or jointly, to whom 

the [Commissioner] COMMISSIONER assigns any function arising 

under the provisions of these regulations . 
(24) "CONSTRUCTION" HAS THE SAME MEANING AS .IN 40 CFR 51 .165 

(a) (1) (xviii) . 

(25) "CEM" OR "CONTINUOUS EMISSION MONITORING" MEANS A SYSTEM FOR 

CONTINUOUSLY MEASURING THE EMISSIONS. OF ANY POLLUTANT FROM A 

STATIONARY SOURCE . 

(26) "CERC" OR "CONTINUOUS EMISSION 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 . 

[(19)](27) "Criteria [Air Pollutant"] AIR POLLUTANT" means any 

air pollutant for which an ambient air quality standard has been 

established by the [administrator] ADMINISTRATOR in accordance 

with Section 107 of the [Clean Air] Act . 

[(20)](28) "Department" means the Department of Environmental 

Protection . 

[(21) "Deterioration in air quality" means that a pollutant 

concentration in a region or subregion for any pollutant 

specified in these regulations will exceed the maximum pollutant 

concentration for the specified time period for that region or 

subregion .] 

[(22)] (29) "Dioxin emissions" means [tetrachlorodibenzodioxin 

(TCDD) and tetrachlorodibenzofuran (TCDF) emissions or emissions 

of any other isomers of comparable toxicity] THE TOTAL EMISSIONS 

OF POLYCHLORODIBENZODIOXINS (PCDDs) AND POLYCHLORODIBENZOFURANS 

(PCDFs) CONVERTED TO THE TOXIC EQUIVALENCE AMOUNT OF 2,3,7,8-

TETRACHLOROTEDIBENZODIOXIN (2,3,7,8-TCDD) . For the purposes of 

this definition, the [Commissioner] COMMISSIONER shall determine 

the [equivalent] 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 . [using the following toxic equivalency factors 

(TEF)] 

Table 1-1 

FORM OF DIOXIN EMISSIONS TEF 
Table 1-1 

FORM OF DIOXIN EMISSIONS TEF - 

monochlorodibenzodioxin 0 

dichlorodibenzodioxin 0 

trichlorodibenzodioxin 0 

2,3,7,8 tetrachlorodibenzodioxin 1 .0 

other tetrachlorodibenzodioxins 0 .01 

[2,3,7,8 pentachlorodibenzodioxin 0 .5] 

1,2,3,7,8 PENTACHLORODIBENZODIOXIN 0 .5 

other pentachlorodibenzodioxins 0 .005 

[2,3,7,8 hexachlorodibenzodioxin 0 .041 

1,2,3,4,7,8 HEXACHLORODIBENZODIOXIN 0 .04 

1,2,3,6,7,8 HEXACHLORODIBENZODIOXIN 0 .04 

1,2,3,7,8,9 HEXACHLORODIBENZODIOXIN 0 .04 

other hexachlorodibenzodioxins 0 .0004 

[2,3,7,8 heptachlorodibenzodioxin 0 .0011 

1,2,3,4,6,7,8 

HEPTACHLORODIBENZODIOXIN 

0 .001 

other heptachlorodibenzodioxins 0 .00001 

octachlorodibenzodioxin 0 

monochlorodibenzofuran 0 

dichlorodibenzofuran 0 

trichlorodibenzofuran 0 

305 
Table 1-1 

FORM OF DIOXIN EMISSIONS TEF " 

2,3,7,8 tetrachlorodibenzofuran 0 .1 

other tetrachlorodibenzofurans 0 .001 

[2,3,6,7 pentachlorodibenzofuran 0 .1] 

1,2,3,7,8 PENTACHLORODIBENZOFURAN 0 .1 

2,3,4,7,8 PENTACHLORODIBENZOFURAN 0 .1 

other pentachlorodibenzofurans 0 .001 

[2,3,7,8 hexachlorodibenzofuran 0 .01] 

1,2,3,4,7,8 HEXACHLORODIBENZOFURAN 0 .01 

1,2,3,6,7,8 HEXACHLORODIBENZOFURAN 0 .01 

2,3,4,6,7,8 HEXACHLORODIBENZOFURAN 0 .01 

1,2,3,7,8,9 HEXACHLORODIBENZOFURAN 0 .01 

other hexachlorodibenzofurans 0 .0001 

[2,3,7,8 heptachlorodibenzofuran 0 .001] 

1,2,3,4,6,7,8 

HEPTACHLORODIBENZOFURAN 

0 .001 

1,2,3,4,7,8, 9 

HEPTACHLORODIBENZOFURAN 

0 .001 

other heptachlorodibenzofurans 0 .00001 

octachlorodibenzofuran 0 

[To determine total dioxin emissions, multiply the isomer 

concentration in the sample by the appropriate toxic equivalency 

factor and then add the products to obtain the total 2,3,7,8-TCDD 

equivalents in the sample .] 
[(23)](30) "Discharge point" means any stack [and shall also 

include any] OR area from which a hazardous air pollutant is 

RELEASED INTO THE AMBIENT AIR [emanates by evaporation, 

diffusion, or wind entrainment into the ambient air] . 

[(24)](31) "Dispersion technique" [means any method which 

attempts to affect the concentration of a pollutant in the 

ambient air by :] HAS THE SAME MEANING AS IN 40 CFR 51 .100(hh) . 

[(A) Using that portion of a stack which exceeds the good 

engineering practice stack height ; 

(B) Varying the rate of emission of a pollutant according 

to atmospheric conditions or ambient concentrations of 

that pollutant ; or 

(C) Increasing final exhaust gas plume rise by manipulating 

source process parameters, exhaust gas parameters, 

stack parameters, or combining exhaust gases from 

several existing stacks into one stack or other 

selective handling of exhaust gas so as to increase the 

exhaust gas plume rise . 

The preceding sentence does not include : 

(i) the reheating of a gas stream, following use of a 

pollution control system, for the purpose of 

returning the gas to the temperature at which it 

was originally discharged from the facility 

generating the gas stream ; 

(ii) the merging of exhaust gas streams where : 

(aa) the owner or operator demonstrates that the 

facility was originally designed and 

constructed with such merged gas streams ; or 

(bb) after July 8, 1985 such merging is part of a 

change in operation at the facility that 

includes the installation of pollution 

controls and is accompanied by a net 

reduction in the allowable emissions of a 

pollutant . This exclusion from the 

definition of dispersion technique applies 

only to the emission limitation for the 

pollutant affected by such change in 

operation ; or 
(cc) before July 8, 1985 such merging was part of 

a change in operation at the facility that 

included the installation of emissions 

control equipment or was carried out for 

sound economic or engineering reasons . 

Where there was an increase in the emission 

limitation or, in the event that no emission 

limitation was in existence prior to the 

merging, an increase in the quantity of 

pollutants actually emitted prior to the 

merging, the Commissioner shall presume that 

merging was significantly motivated by an 

intent to gain emissions credit for greater 

dispersion . Absent a demonstration by the 

source owner or operator that the merging 

was not significantly motivated by such 

intent, the Commissioner shall deny credit 

for the effect of such merging in 

calculating the allowable emissions of the 

source . 

(iii) smoke management in agricultural or silvacultural 

prescribed burning programs ; 

(iv) episodic restrictions on residential woodburning 

and open burning; or 

(v) techniques under part C of this definition which 

increase final-exhaust gas plume rise where the 

resulting allowable emissions of sulfur dioxide do 

not exceed five thousand (5,000) tons per year .] 

(32) "DERC" OR "DISCRETE EMISSION REDUCTION CREDIT" MEANS THE 

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 DURING A SPECIFIED PERIOD OF TIME . 

[(25)](33) "Emission" means the [act of releasing] RELEASE or 

[discharging] DISCHARGE OF AN air [pollutants) POLLUTANT into the 

ambient air from any source . 

[(26)](34) "Emission limitation" and "Emission standard" HAVE THE 

SAME MEANING AS IN 40 CFR 51 .100(z)_. [mean a requirement 

established by the Commissioner or the Administrator which limits 

the quantity, rate, or concentration of emissions of air 
pollutants on a continuous basis, including any requirement which 

limits the level of opacity, prescribes equipment or fuel 

specifications, or relates to the operation or maintenance of a 

source to assure continuous emission reduction .] 

(35) "EMISSION UNIT" HAS THE SAME MEANING AS IN 40 CFR 

51 .165 (a) (1) (vii) . 

(36) "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 THROUGH A SIP APPROVED PLAN AND 

RECORDED AS CERCS OR DERCS . 

[(27)](37) "Excessive concentration" has the same meaning as 

[ascribed to that term] in [Title] 40 [Code of Federal 

Regulations Part] CFR 51 .100(kk) . 

[(28)](38) "Federally enforceable" [means all limitations and 

conditions which are : approved by the Administrator, including 

those requirements developed pursuant to 40 CFR Parts 60 and 61 ; 

requirements within any applicable State Implementation Plan 

(SIP) ; any permit requirements established pursuant to 40 CFR 

Parts 52 .10, 52 .21, 70 or 71, under regulations approved pursuant 

to 40 CFR Part 51, subpart I ; and any permit to construct 

requirements established pursuant to section 22a-174-3 .] HAS THE 

SAME MEANING AS IN 40 CFR 51 .165(a)(1)(xiv) . 

[(29)](39) "Flare" means an apparatus, [or contrivance] DEVICE, 

PROCESS, OR PROCEDURE for the burning of flammable gases or 

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

[(30)](40) "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 . 

[(31)](41) "Fugitive dust" means solid airborne particulate 

matter emitted from any source other than through a stack . 

[(32)](42) "Fugitive emissions" means fugitive dust or those 

emissions [which could not] THAT CANNOT reasonably pass through a 

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

[(33)](43) "Good engineering practice (GEP) stack height" or 

["(GEP)"] has the same meaning as [ascribed to that term] in 

[Title] 40 [Code of Federal Regulations Part] CFR 51 .100(ii) . 
[(34)](44) "Hazardous air pollutant," EXCEPT AS OTHERWISE 

PROVIDED IN SECTION 22a-174-3a OF THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES, means a substance listed in [either Table 29-1, 

29-2, or 29-3 of] section 22a-174-29 OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES . 

[(35)"Hazardous air pollutant advisory panel" or "Panel" means 

the panel created by Public Act 85-590 .] 

[(36)1(45) "Hazard limiting value" or "HLV" [, ] means the highest 

acceptable concentration [in the ambient air] of a hazardous air 

pollutant IN THE AMBIENT AIR, [as shown in Table 29-1, 29-2, or 

29-3 of] PURSUANT TO section 22a-174-29 OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES- [as determined by the Commissioner . 

The primary use of this term is in the derivation of the maximum 

allowable stack concentration for a source . 

[(37)](46) "Heat input" means the total gross calorific value of 

all fuels burned, measured in [BTU] BTU by ASTM Method D2015-66, 

D240-64, or D1826-64, using the [higher] HIGHEST heating value of 

each fuel . 

[(38)](47) "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[ . For 

further definitions related to incineration, see subdivision 22a174-18(c)(1) .] PROVIDED THAT, FOR THE PURPOSES OF THIS 

DEFINITION, SOURCES 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 . 

[(39)](48) "Indian Governing Body" HAS THE SAME MEANING AS IN 40 

CFR 51 .166(b)(28)_. [means the governing body of any tribe, band 

or group of Indians which tribe, band or group of Indians is 

subject to the jurisdiction of the United States and recognized 

by the United States as possessing power of self-government .] 

[(40)](49) "Indian reservation" HAS THE SAME MEANING AS IN 40 CFR 

51 .166(b)(27)_. [means any federally recognized reservation 

established by Treaty, Agreement, Executive Order or Act of 

Congress .] 
[(41)](50) "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 [and combinations thereof] . 

[(42)](51) "Indirect source construction permit" means a permit 

[for] ISSUED BY THE COMMISSIONER AUTHORIZING the construction ofan indirect source [which is required to ensure that the proposed 

indirect source will neither prevent nor interfere, either 

directly or indirectly, with the attainment or maintenance of any 

applicable ambient air quality standard] . 

(52) "INNOVATIVE CONTROL TECHNOLOGY" HAS THE SAME MEANING AS IN 

40 CFR 51 .166(b)(19) . 

[(43)](53) "Internal offset" means any federally enforceable 

reduction of actual emissions from one or more stationary sources 

on [a premise] THE SAME PREMISES which [can be] ARE used to 

offset [allowable] POTENTIAL emissions increases from a proposed 

[new] stationary source (or modification on such premise] ON SUCH 

PREMISES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 22a-174-

3a(1) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 

[(44)](54) "LAER" or "Lowest Achievable Emission Rate" HAS THE 

SAME MEANING AS IN 40 CFR 51 .165(a)(1)(xiii) . [means the rate of 

emissions, which reflects the more stringent of : 

(A) The most stringent emission limitation which is 

contained in any state implementation plan for such 

class or category of stationary source, unless the 

owner or operator demonstrates to the Commissioner's 

satisfaction that such limitations are not achievable ; 

or 

(B) The most stringent emission limitation which is 

achieved in practice by such stationary source or 

category of stationary source . 

In determining LAER the Commissioner may take into account 

any emission limitation, including a visible emission standard, 

which has been established as a permit limitation or demonstrated 

by a stack test acceptable to the Commissioner . For the purposes 

of this definition, the Commissioner may exclude any stack test 

on a pilot plant or prototype equipment which does not have 
reasonable operating experience or which may not be generally 

available for industry use . In no event shall the application of 

this term permit a proposed new or modified source to emit any 

pollutant in excess of the amount allowable under applicable 

standards in Title 40 of the Code of Federal Regulations Part 60 

and Part 61, as from time to time may be amended .] 

[(45)](55) "Major modification" HAS THE SAME MEANING AS 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 . 

[means a physical change or change in the method of operation of 

-a major stationary source which would result in an increase in 

potential emissions of any individual air pollutant equal to or 

greater than the amount listed in Table 3(k)-1 in section 22a174-3 1(m)-1 . For the purposes of this definition : 

(A) A major stationary source of volatile organic compounds 

or nitrogen oxides shall be considered a major 

stationary source for ozone ; 

(B) In calculating potential emissions any physical or 

operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control 

equipment, or restrictions on production rates, hours 

of operation, and types of materials processed, stored 

or combusted which limit the maximum rated capacity 

shall be treated as part of its design if the 

limitation or the effect the limitation would have on 

emissions is federally enforceable ; 

(C) in calculating a potential emissions increase of 

volatile organic compounds or nitrogen oxides, all 

previous increases in potential emissions from the 

subject premise shall be aggregated over the most 

recent five (5) consecutive calendar years . Such five 

(5) year period shall not precede January 1, 1991 and 

shall include the calendar year in which the proposed 

increase will occur . Such aggregation shall exclude 

emission increases previously permitted under 

subsection 22a-174-3(1) . If such aggregated emissions 

are greater than twenty-five (25) tons over the five 
(5) year period, then the annual average of such 

aggregated emissions shall be added to the increase in 

potential emissions in determining if such emissions 

increase is equal to or greater than the amount listed 

in Table 3(k)-1 in section 22a-174-3 .] 

(56) "MAJOR SOURCE BASELINE DATE" MEANS JANUARY 6, 1975 FOR 

PARTICULATE MATTER AND SULFUR DIOXIDE AND FEBRUARY 8, 1988 FOR 

NITROGEN DIOXIDE . 

(57) "Major stationary source" HAS THE SAME MEANING AS IN 40 CFR 

51 .165(a)(1)(iv), PROVIDED THAT : 

(A) 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 SOURCE, AND 

(B) A STATONARY 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 . 

(means : 

(A) A premise with potential emissions equal to or greater 

than one hundred (100) tons per year of any individual 

air pollutant prior to the application for a 

modification to that stationary source or addition to 

the premise; or the more stringent of the following 

applicable thresholds shall apply : 

(i) fifty (50) tons per year of volatile organic 

compounds or nitrogen oxides in any serious 

non-attainment area for ozone ; or 

(ii) twenty-five (25) tons per year of volatile organic 

compounds or nitrogen oxides in any severe 

non-attainment area for ozone ; 

(B) A premise with potential emissions equal to or greater 

than the thresholds in subparagraph (A) above after 

taking into consideration : 

(i) any increase in potential emissions of fifteen 

(15) tons per year or more from a proposed 
modification or the addition of a proposed 

stationary source ; and . 

(ii) any other increases and decreases in potential 

emissions which the Commissioner determines will 

occur before the date that the increase from the 

proposed modification occurs ; or 

(C) a physical change or change in the method of operation 

of a premise which in and of itself has potential 

emissions greater than or equal to the thresholds in 

subparagraph (A) above ; 

(D) for the purposes of this definition, 

(i) a major stationary source of volatile organic 

compounds or nitrogen oxides shall be considered a 

major stationary source for ozone ; and 

(ii) in calculating potential emissions any physical or 

operational limitation on the capacity of the 

source to emit a pollutant, including air 

pollution control equipment, or restrictions on 

production rates, hours of operation, and types of 

materials processed, stored or combusted which 

limit the maximum rated capacity shall be treated 

as part of its design if the limitation or the 

effect the limitation would have on emissions is 

federally enforceable .] 

(58) "MALFUNCTION" HAS THE SAME MEANING AS IN 40 CFR 60 .2 . 

(59) ~~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 PURSUANT TO 

40 CFR 63 . 

[(47)](60)"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 [at the discharge 

point] . 

[(48) "Maximum pollutant concentration" means the largest 

concentration of a specific pollutant in a region or subregion 

either as a measured or calculated value, as determined by the 

Commissioner, for the twelve months ending on June 30, 1972 . The 
time periods to be averaged for the purpose of establishing 

maximum pollutant concentrations shall be as follows : for sulfur 

oxides, particulate matter, and nitrogen dioxide, one year ; for 

carbon monoxide, eight hours ; for photochemical oxidants, one 

hour ; for hydrocarbons, three hours .] 

[(49)](61) "Maximum [rated] 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 . 

[(50)](62) "Maximum uncontrolled emissions" means the rate of 

emissions for a source, determined [before] WITHOUT the 

application of air pollution control equipment unless the source 

is incapable of being operated without the air pollution control 

equipment, of a particular air pollutant where [the] SUCH rate 

[of emissions] is calculated using : 

(A) The maximum [rated] capacity of the source unless the 

[Commissioner] COMMISSIONER determines that the source 

is physically unable to operate at that capacity or 

unless the maximum [rated] capacity is limited by 

restrictions on production rates, hours of operation, 

[and] OR types of materials processed, stored or 

combusted either through permit conditions or other 

order of the [Commissioner] 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 .] COMMISSIONER . 

(63) "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 . 

(64) "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 (57) OF THIS 

SUBSECTION . 

(65) "MINOR SOURCE BASELINE DATE" MEANS JUNE 7, 1988 FOR 

PARTICULATE MATTER, DECEMBER 17, 1984 FOR SULFUR DIOXIDE AND JUNE 

7, 1988 FOR NITROGEN DIOXIDE . 
[(51)](66) "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 . 

[(52)] (67) ["Modify" or] "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 

[(A) making any physical change in, change in the 

method of operation of, or addition to a 

stationary source which : 

(i) increases the potential emissions of any 

individual air pollutant from a stationary 

source by five (5) tons per year or more ; or 

(ii) increases the maximum rated capacity of the 

stationary source unless the owner or operator 

of the stationary source demonstrates to the 

Commissioner's satisfaction that such increase 

is less than fifteen percent (15%) and the 

change or addition does not cause an~increase 

in the actual emissions or the potential 

emissions ; or 

(iii)increases the potential emissions above the 

levels listed in Table 3(k)-1 of subsection 

22a-174-3(k) ; or 

(iv) increases maximum uncontrolled emissions from 

a stationary source by one hundred (100) tons 

per year or more .] 

[In addition a change in the type fuel used in 

accordance with a permit or order, or the type of fuel 

for which the source has provided registration under 

section 22a-174-2 to the Commissioner shall be 
considered a modification unless such change is allowed 

under a permit or other order of the Commissioner 

either of which is federally enforceable .] 

(B) [Notwithstanding the above, the] _THE following [are not 

modifications] SHALL NOT BE CONSIDERED A CHANGE IN THE 

METHOD OF OPERATION [unless the stationary source was 

previously limited by permit conditions or other order 

of the Commissioner] : 

[(i) any routine maintenance, repair or replacement 

unless such replacement results in reconstructionas defined in this section; or 

(ii) a change in the method of operation ; or] 

[(iii)] (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 JUDGEMENT FOR SUCH SOURCE, or 

[(iv)] (ii) any increase in hours of operation[ ; or]AND 

SUCH INCREASE DOES NOT CAUSE OR ALLOW AN 

EXCEEDANCE OF THE RATES OR EMISSION LIMITS 

AUTHORIZED BY A PERMIT,ORDER, OR JUDGEMENT FOR ' 

SUCH SOURCE . 

[(v) any change, the sole purpose of which is to bring 

an existing source into compliance with 

regulations applicable to such source, unless such 

change is a major modification or a major 

stationary source ; or 

(vi) relocation of a portable rock crusher with 

potential emissions of less than fifteen (15) tons 

per year which has a permit or exemption letter 

issued by the Commissioner under section 22a-174-3 

provided the owner or operator provides written 

notice to the Commissioner prior to the 

relocation ; or 

(vii) relocation of a portable stripping facility which 

has a general permit issued by the Commissioner 

pursuant to section 22a-174(1) of the Connecticut 

General Statutes, provided the owner or operator 

of such facility provides written notice to the 

Commissioner prior to the relocation .] 
(68) "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 . 

[(53)](69) "Multiple-chamber incinerator" means any article, 

machine, equipment, contrivance, structure or part of a structure 

used to dispose of combustible refuse by burning[,] AND which 

consists of two or more refractory lined combustion furnaces in A 

series, physically separated by refractory walls[,] AND 

interconnected by gas passage ports or ducts [and employing] THAT 

EMPLOYS adequate design parameters necessary for maximum 

combustion of the material to be burned . 

[(54) "Nearby" has the same meaning as ascribed to that term in 

Title 40 Code of Federal Regulations Part 51 .100(jj) .] 

(70) "NET EMISSIONS INCREASE" HAS THE SAME MEANING AS IN 40 CFR 

51 .165 (a)(1)(vi) PROVIDED THAT : 

(A) FOR THE PURPOSES OF THIS DEFINITION, THE PHRASE 

"THIS SECTION" FOUND IN 40 CFR 

51 .165(a)(1)(vi)(C)(2) REFERS TO SECTIONS 22a174-3a(k) AND (1) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES, AND 

(B) ANY INCREASES OR DECREASES IN ACTUAL EMISSIONS 

AT A STATIONARY SOURCE ARE CREDITABLE ONLY IF 

SUCH INCREASES OR DECREASES OCCURED WITHIN THE 

PREVIOUS FIVE (5) YEARS OF THE PRESENT 

MODIFICATION . 

[(55) "Netting" means determining the net emissions increase the 

determination of the increase or decrease, of potential emissions 

only, from stationary sources on any individual premise which the 

Commissioner determines will occur before the date that the 

increase from the proposed modification to the stationary source 

occurs] . 

[(56)](71) "Nitrogen oxides" or "Nox" means the sum of all oxides 

of nitrogen, expressed as nitrogen dioxide ._ 

[(57)](72) "Non-attainment" [shall mean] MEANS~that the quality 

of the ambient air, as [determined] MEASURED by the 

[Commissioner] COMMISSIONER, fails to meet any [National] Ambient 

Air Quality Standard for a given pollutant for which such 

standards have been established by the United States 

Environmental Protection Agency . 
[(58)](73) "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 non-attainment air pollutants[,] for ozone non-attainment 

areas . 

[(59)](74) "Non-attainment area" means a geographic area which 

has been designated as non-attainment under [Title] 40 [Code of 

Federal Regulations Part] CFR 81 in accordance with the 

provisions of 42 [U .S .C section] USC 7407 (section 107 of the 

[Clean Air] Act) . 

[(60)"Non-degradation" means that air quality in any region or 

designated sub-region shall not deteriorate, as defined in this 

section .] 

(75) "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 . 

[(61)] (76) "Offset fill pipe" means a fill pipe that has bends 

or angles such that a straight sleeve cannot be installed . 

[(62)](77) "Opacity" means the degree to which emissions reduce 

the transmission of light and obscure the view of an object in 

the background . 

[(63)](78) "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 [an adequate] A stack or flue . 

[(64)](79) "Operator" means the person or persons who are 

legally responsible for the operation of a source of air 

pollution . 

[(65)](80) "Organic compounds" means any chemical compounds of 

carbon excluding carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbides, metallic carbonates and ammonium carbonate . 

[(66)](81) "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 [at standard conditions .] IN THE 

AMBIENT AIR . 
(82) "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 . 

[(67)](83) "PM 10" means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers as 

measured by a reference method [based on appendix J of Title 40 

Code of Federal Regulations Part 50 and designated in accordance 

with Title 40 Code of Federal Regulations Part 53 as published in 

the July 1, 1987 Federal Register or by an equivalent method 

approved by the Administrator in accordance with Title 40 Code of 

Federal Regulations Part 53 .] 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 . 

[(68)](84) "Permit" [to construct"] means [a permit] ANY LICENSE 

ISSUED UNDER CHAPTER 446c OF THE CONNECTICUT GENERAL 

STATUTES .[for the construction of a stationary source, which is 

required to ensure : 

(A) That the proposed stationary source will not be in 

violation of any applicable emissions rate standards 

imposed by these regulations; and . 

(B) That the proposed stationary source will neither 

prevent nor interfere with the attainment or 

maintenance of any applicable ambient air quality 

standards as described in subparagraph 22a-174- 

3 (c) (1) (B) . J 

[(69)"Permit to operate" means a permit which is required to 

ensure : 

(A) That the operations of a stationary source will be in 

compliance with any applicable emissions rate standards 

or other applicable requirements imposed by these 

regulations ; and 

(B) That the operations of a stationary source will neither 

prevent nor interfere with the attainment or 

maintenance of any applicable ambient air quality 

standards as described in subparagraph 22a-174- 

3 (c) (1) (B) ; and 
(C) That all the terms of the permit to construct were 

fulfilled .] - 

[(70)](85) "Person" HAS THE SAME MEANING AS IN SECTION 22a-170 

OF THE CONNECTICUT GENERAL STATUTES . [means any individual, 

corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political 

subdivision of this state, any other state, the United States, or 

political subdivision or agency thereof or any legal successor, 

representative, agent, or any agency of the foregoing .] 

[(71) "Potential emissions" OR "potential to emit" means the rate 

of emissions from a stationary source, including fugitive 

emissions to the extent quantified by permit, order or by 

registration information, after application of air pollution 

control equipment, of a particular air pollutant such that the 

rate is equal to or greater than the actual emissions and where 

the rate is calculated using : 

(A) The maximum rated capacity of the stationary source, 

unless the maximum rated capacity is limited by 

restrictions on production rates, hours of operation, 

and types of materials processed, stored or combusted 

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 . 

For the purposes of this definition, in calculating 

potential emissions in subsections (k) and (1) of section 22a174-3, subsections 22a-174-8(c) and 22a-174-20(ee) or in the 

definitions of major modification, major stationary source, 

netting and commence or commencement, any physical or operational 

limitation or condition restricting the capacity of the source to 

emit a pollutant, including air pollution control equipment or 

restrictions on production rates hours of operation and types of 

materials processed, stored or combusted which limit the maximum 

rated capacity shall be treated as part of its design if the 

limitation or condition, or the effect the limitation or 

condition would have on emissions is federally enforceable .] 

(86) "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 : 
(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 . 

(87) "PRACTICABLY ENFORCEABLE" MEANS : 

(A) 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 

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 CALCUALTE THE ACTUAL EMISSIONS FROM 

SUCH SOURCE, ' 

(iii) SPECIFIES APPROPRIATE MONITORING TO DETERMINE 

COMPLIANCE WITH SUCH EMISSION LIMITATION OR 

RESTRICTION SPECIFIED IN ACCORDANCE WITH 

SUBPARAGRAPH (ii) OF THIS SUBDIVISION 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 (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 . IF A TWELVE MONTH ROLLING 

AVERAGE IS SELECTED, THE MONITORING SHALL BE CEM 

OR EQUIVALENT . 

[(72)](88) ["Premise"] "PREMISES" means the grouping of all 

stationary sources at any one location and owned or under the 

control of the same person or persons . 

(89) "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 . 

[(73)](90) "Process source" means any operation, process, or 

activity except : 

(A) The 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 . 

[(74)](91) "Reasonably Available Control Technology" OR "RACT" 

means the lowest emission limitation that a particular [facility] 

STATIONARY SOURCE is capable of meeting by the application of 

control technology that is reasonably available considering 

technological and economic feasibility[ .] [It may require 

technology that has been applied to similar, but not necessarily 

identical, source categories] . 

[(75)](92) "Reconstruct" or "reconstruction" means the renovation 

or re-building of a STATIONARY source in accordance with the 

provisions of [Title 40 of the Code of Federal Regulations Part 

60 .15] 40 CFR 60 .15 . A reconstructed STATIONARY source shall be 

considered a new STATIONARY source [for the purposes of these 

regulations] . [Use] THE USE of an alternative fuel or raw 

material by reason of an order in effect under sections 2(a) and 

(b) of the Federal Energy Supply and Environmental 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 under section 125 of the Clean 

Air Act, shall not be considered reconstruction . 

[(76)] (93) "Region" means a Connecticut intrastate Air Quality 

Control Region[,] or the Connecticut portion of an interstate Air 

Quality Control Region as defined by the [United States 

Environmental Protection Agency in Title 40 Code of Federal 

Regulations Part 81 .] EPA IN 40 CFR 81( ;]- 

((77) "Remote fill pipe" means an offset fill pipe .] 

[(78)] (94) "Residual oil" means any fuel oil of No . 4, No . 5, or 

No . 6 grades, as defined by Commercial Standard C .S . 12-48 . 

[(79)](95) "Resources recovery facility" [means a facility 

utilizing processes aimed at reclaiming the material or energy 

values from municipal solid waste .] HAS THE SAME MEANING AS IN 

SECTION 22a-207(9) OF THE CONNECTICUT GENERAL STATUTES . 

[(80)](96) "Ringelmann chart" means the chart published and 

described in the U .S . Bureau of Mines Information Circular 8333 . 

(97) "SECONDARY EMISSIONS" HAS THE SAME MEANING AS IN 40 CFR 

51 .165(a)(1)(viii) . 

[(81)](98) "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 . ' 

[(82)](99) "Severe non-attainment area for ozone" means the towns 

of [Beth*1] 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 . 

[(83)"Soiling index" means a measure of the soiling properties of 

suspended particles in air determined by drawing a measured 

volume of air through a known area of Whatman No . 4 filter paper 

for a measured period of time, expressed as COHs/1,000 linear 

feet, or equivalent .] 

((84)](100) "Solid waste" means unwanted or discarded materials, 

including solid, liquid, semisolid, or contained gaseous 

material . 

[(85)](101) "Source" means any property, real or personal, which 

emits or may emit any air pollutant . 
[(86)](102) "Stack" HAS THE SAME MEANING AS IN 40 CFR 51 .100 (ff) 

PROVIDED THAT STACK SHALL ALSO INCLUDE A FLARE [means any point 

of release from a source, which emits solids, liquids, or gases 

into the ambient air including a pipe, duct, or flare] .' 

[(87)](103) "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 mm [ . ] Hg [ . ] ) . 

[(88)](104) "State" as used in the phrase "any other state" means 

state, region, territory, commonwealth, military reservation, or 

Indian reservation . 

[(89)](105) "State implementation plan" or "SIP" means a plan 

required by section 110 of the [Clean Air] Act which has been 

approved by the Administrator . 

[(90)](106) "Stationary source" HAS THE SAME MEANING AS IN 40 CFR 

51 .165(a)(1)(i) AND (ii), PROVIDED [means any building, 

structure, facility, equipment, operation, or installation, which 

is located on one or more contiguous or adjacent properties and 

which is owned by or operated by the same person, or by persons 

under common control which emits or may emit any air pollutant, 

and which does not move from location to location during normal 

operation except that portable rock crushers and portable 

stripping facilities] THAT ANY PORTABLE EMISSIONS UNIT which 

[are] IS moved from site to site but REMAINS [remain] stationary 

during operation IS A STATIONARY SOURCE [and asphalt plants which 

combine aggregate and asphalt while in motion are stationary 

sources] . 

[(91)](107) "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 . 

[(92)](108) "Submerged fill pipe" means any fill pipe the 

discharge opening of which REMAINS [is still] entirely submerged 

when the pipe normally used to withdraw liquid from the tank can 

no longer withdraw any liquid . 

[(93)](109) "Subregion" means a subdivision of a Region, as 

determined by the [Commissioner] COMMISSIONER . 

[(94)](110) "Tank" means any vessel for containing liquids or 

gases . 

(111) "TITLE V SOURCE" HAS THE SAME MEANING AS IN SECTION 22a174-33 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 
(112) "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 . 

[(95)](113) "Total suspended particulate" means particulate 

matter as measured by the method described in [Appendix B of 

Title 40 Code of Federal Regulations Part 50 .] 40 CFR 50, 

APPENDIX B . 

[(96)](114) "Unclassifiable area" means a geographic area which 

has not been designated either as AN attainment AREA or A nonattainment AREA under [Title 40 Code of Federal Regulations Part 

81] 40 CFR 81 in accordance with the provisions of section 107 of 

the Clean Air Act . 

[(97)](115) "Volatile organic compound" or '1VOC" [means any 

compound of carbon which participates in atmospheric 

photochemical reactions excluding carbon monoxide, carbon 

dioxide, carbonic acid, metallic carbides or carbonates, ammonium 

carbonate and the organic compounds listed on 1(a)-1 below which 

the Administrator has designated as having negligible 

photochemical reactivity .] HAS THE SAME MEANING AS IN 40 CFR 

51 .100(s), AS AMENDED FROM TIME TO TIME . 

[ 

Table 1(a)-1 

Exempt Volatile Organic Compounds 

acetone ethane 

methane cyclic, branched, or linear 

completely methylated siloxanes 

1,1,1-trichoroethane dichloromethane 

(methyl chloroform) (methylene chloride) 

Trichlorofluoromethane dichlorodifluoromethane 

(CFC-11) (CFC-12) 

Chlorodifluoromethane trifluoromethane 

(HCFC-22) (HFC-23) 

1,1,-dichloro-i-fluoroethane pentafluoroethane 

(HCFC-141b) (HFC-125) 

1,1,2-trichloro-1,2,2-trifluoro- 1,2-dichloro-1,1,2,2- 

ethane(CFC-113) tetrafluoroethane(CFC-114) 

Chloropentafluoroethane 1,1,2,2-tetrafluoroethane 

326 
Table 1(a)-1 

Exempt Volatile Organic Compounds 

(CFC-115) (HFC-134) 

1,1,1,2-tetrafluoroethane 1,1,1-trifluoroethane 

(HFC-134a) (HFC-143a) 

1-chloro-l,l-difluoroethane 1,1-difluoroethane 

(HCFC-142b) (HFC-152a) 

1,1,1-trifluoro-2,2- 2-chloro-1,1,1,2- 

dichloroethane (HCFC-123) tetrafluoroethane (HCFC-124) 

Tetrachloroethylene 1,1,1,2,3,4,4,5,5,5-decafluoro- 

(perchloroethylene) pentane(HFC 43-lOmee) 

3,3-dichloro-1,1,1,2,2-penta- 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225ca) fluoropropane (HCFC-225cb) 

Difluoromethane Fluoroethane or ethylfluoride 

(HFC-32) (HFC-161) 

1,1,1,3,3,3-hexafluoropropane 1,1,2,2,3-pentafluoropropane 

(HFC-236fa) (HFC-245ca) 

1,1,2,3,3-pentafluoropropane 1,1,1,2,3-pentafluoropropane 

(HFC-245ea) (HFC-245eb) 

1,1,1,3,3-pentafluoropropane 1,1,1,2,3,3-hexafluoropropane 

(HFC-245fa) (HFC-236ea) 

1,1,1,3,3-pentafluorobutane chlorofluoromethane 

(HFC-365mfc) (HCFC-31) 

1,2-dichloro-1,1,2-trifluoro- 1-chloro-1-fluoroethane 

',ethane (HCFC-123a) (HCFC-151a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-m 2-(difluoromethoxymethyl)- 

ethoxy-butane 1,1,1,2,3,3,3-heptafluoropropane 

( C4F90CH3 ) ( ( CF3 ) ZCFCFZOCH3 ) 

1-ethoxy-1,1,2,2,3,3,4,4,4- 2-(ethoxydifluoromethyl)- 

nonafluorobutane (C4F90C2H5) 1,1,1,2,3,3,3-heptafluoropropane 

( ( CF3 ) ZCFCFZOCZHS ) 

Perfluorocarbon compounds which parachlorobenzotrifluoride 

fall into these classes : (4-chlorobenzotrifluoride) 

(1)cyclic, branched, or linear, 

completely fluorinated alkanes ; 

(2)cyclic, branched, or linear, 

completely fluorinated ethers 

with no unsaturations ; 

327 
Table 1(a)-1 

Exempt Volatile Organic Compounds 

(3)cyclic, branched, or linear, , 

completely fluorinated tertiary 

amines with no unsaturations ; 

and 

(4)sulfur containing 

perfluorocarbons with no 

unsaturations and with sulfur 

bonds only to carbon and 

fluorine . , 

t-butyl acetate 

[(98)](116) "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 outfall, drainage, or 

recovery of such water . 

[(99)](117) "Watercourse" MEANS "WATERCOURSES" AS DEFINED IN 

SECTION 22a-38(16) OF THE CONNECTICUT GENERAL STATUTES [means 

rivers, streams, brooks, waterways, lakes, ponds, marshes, 

swamps, bogs and all other bodies of water, natural or 

artificial, which are contained within, flow through or border 

upon this state or any portion thereof] . 

Statement of Purpose: To consolidate in one location, to the extent practicable, the definitions of terms which 

are used in multiple sections of the regulations for the abatement of air pollution. This amendment also clarifies 

and streamlines existing definitions to allow for the implementation of federal requirements . 

B. Final Wording of Proposed R.C.S.A. 22a-174-2 and 22a-174-2a : 

Sec . 2 The Regulations of Connecticut State Agencies are 

amended by deleting section 22a-174-2 . 

Sec . 3 The Regulations of Connecticut State Agencies are amended 

by adding a new Section 22a-174-2a as follows : 

(NEW) 

Section 22a-174-2a . Procedural requirements for new source review 

and Title V permitting 
(a) Signatory Responsibilities 

(1) Any document, such as a permit application, report or 

certification, submitted to the commissioner shall be signed by any 

of the following individuals, as authorized in accordance with 

subdivision (2) of this subsection, if applicable : 

(A) For an individual or sole proprietorship : by the 

individual or proprietor, respectively ; 

(B) For a corporation : by any officer, employee, or 

representative of a corporation ; 

(C) For a partnership : by a general partner ; 

(D) For a municipality : by the person authorized by charter 

or resolution of the board of selectmen or town council 

or other governing body ; 

(E) For a federal entity : by the principal executive officer, 

statutorily authorized official, or by a federal employee 

or any other representative who has received legal 

delegation of authority . For the purpose of this 

subsection, a principal executive officer of a federal 

agency or department includes the chief executive officer 

having responsibility for the overall operations of a 

principal geographic unit of the agency or department ; or 

(F) For a state entity : by the statutorily authorized 

official or by a state employee or any other 

representative who has received legal delegation of 

authority . 

(2) An officer, employee, or representative of a corporation, an 

employee or representative of a municipality, state or federal 

entity, or any other government or quasi-public entity shall be 

authorized as follows : 

(A) For a corporation : 

(i) authorization is made in writing by certified 

resolution of the board of directors on forms 

prescribed by the commissioner, 

(ii) the authorization specifies an individual having 

responsibility for the overall operation of the 

regulated stationary source or premises, such as the 

plant manager, operator, superintendent, or an 

individual having overall responsibility for 

environmental matters for the company, and 
(iii) the written authorization is submitted to the 

commissioner prior to submitting, or together with, 

any documents or other information to be signed by 

the authorized representative ; 

(B) For a municipality : a certified copy of a governing body 

resolution and an incumbency statement is submitted to 

the commissioner prior to submitting or together with any 

documents or other information to be signed by the 

authorized representative ; 

(C) For a state or federal entity : if the authorized 

representative is not statutorily authorized to submit 

the documents, then a certified copy of the delegation of 

authority is submitted to the commissioner prior to 

submitting or together with any documents or other 

information to be signed by the authorized 

representative ; or 

(D) For~any other governmental or quasi-public entity : a copy 

of the documentation sufficient to satisfy the 

commissioner that the signatory is legally authorized to 

sign any document submitted to the commissioner is 

submitted to the commissioner prior to submitting or 

together with any documents or other information to be 

signed by the authorized representative ; 

(3) An application shall be considered insufficient by the 

commissioner unless the applicant provides all required signatures 

and supporting documentation . 

(4) If a different individual is assigned or has assumed the 

signatory responsibilities, a new authorization satisfying the 

requirements of this subsection shall be submitted to the 

commissioner prior to or together with the submission of any 

documents or other information signed by the authorized 

representative . 

(5) Notwithstanding the requirements of section 22a-3a-5(a)(2) of 

the Regulations of Connecticut State Agencies, where a permit 

application, permit or other documentation requires a certification, 

the appropriate individual as specified in this subsection, and the 

individual or individuals responsible for actually preparing any 

document to which the certification applies, shall examine and be 

familiar with the information submitted in the document and all 

attachments thereto, and shall make inquiry of those individuals 

responsible for obtaining the information to determine that the 

information is true, accurate, and complete, and each shall certify 

in writing as follows : 

"I have personally examined and am familiar with the 

information submitted in this document and all 

330 
attachments thereto, and I certify that based on 

reasonable investigation, including my inquiry of those 

individuals responsible for obtaining the information, 

the submitted information is true, accurate and complete 

to the best of my knowledge and belief . I understand 

that any false statement made in the submitted 

information may be punishable as a criminal offense under 

section 22a-175 of the Connecticut General Statutes, 

under section 53a-157b of the Connecticut General 

Statutes, and in accordance with any applicable statute ." 

(6) Notwithstanding subdivisions (1)(B) or (2)(A)(ii) of this subsection, 

an individual having overall responsibility for environmental matters for a 

Title V source shall not sign Title V permit applications or Title V - 

associated certifications unless such individual has responsibility for the 

overall operation of the Title V source or such source 

(b) Public Notice 

(1) When proposing to issue a general permit, the commissioner 

shall comply with the requirements for notice and opportunity for 

public comment pursuant to section 22a-174(1)(2) of the Connecticut 

General Statutes . 

(2) With respect to public notice of any application for a permit, 

other than a general permit, the applicant shall comply with the 

requirements of section 22a-6g of the Connecticut General Statutes 

and the following : 

(A) The commissioner may require the applicant to publish 

notice of the application in media that serves the needs 

of communities and representatives not served by 

traditional media in addition to a newspaper with 

substantial circulation in the area in which the source 

intends to operate, and the commissioner may require the 

notice to be published in languages other than English ; 

and 

(B) In the event the commissioner requires compliance with 

subparagraph (A) of this subdivision, the applicant shall 

submit to the commissioner a certified copy of such 

notice as it appeared in such other media no later than 

twenty (20) days after the date such notice was 

published . 

(3) With respect to notice of tentative determination for any 

application for a permit, other than a general permit, the applicant 

shall comply with the requirements of section 22a-6h of the 

Connecticut General Statutes . In addition to the requirements of 

section 22a-6h of the Connecticut General Statutes, such notice 

shall include the following statement, unless such notice is for a 
minor permit modification pursuant to subsection (e) of this 

section, that : 

"Interested persons have thirty (30) days from 

publication of such notice to submit comments in writing 

to the Department of Environmental Protection, Bureau or 

Air Management or request a public adjudicatory hearing 

concerning the commissioner's tentative determination to 

approve or deny the permit application, in accordance 

with the section 22a-3a-5(b) of the Regulations of 

Connecticut State Agencies and section 22a-174-2a(c) of 

the Regulations of Connecticut State Agencies ." 

(4) For any application for a permit or modification thereto, the 

commissioner may require the applicant to comply with section 22a-61 

of the Connecticut General Statutes . 

(5) For any permit application under section 22a-174-33 of the 

Regulations of Connecticut State Agencies, the commissioner shall 

forward a copy of the notice of tentative determination, published 

in accordance with subdivision (3) of this subsection, to : 

(A) The individuals who request such notice ; 

(B) The chief elected official of the municipality where the 

stationary source is or is proposed to be located ; 

(C) The chief executive officer of the municipality where the 

source is or is proposed to be located ; 

(D) The appropriate Connecticut regional planning agency ; 

(E) Any federally recognized Indian governing body whose 

lands may be affected by emissions from the subject 

stationary source . In addition to the notice, a copy of 

the proposed Title V permit shall be submitted to such 

federally recognized Indian governing body ; 

(F) The director of the air pollution control program in any 

affected state . In addition to the notice, a copy of the 

proposed Title V permit shall be submitted to such 

director ; and 

(G) The regional Administrator of the United States 

Environmental Protection Agency . In addition to the 

notice, a copy of the proposed Title V permit shall be 

submitted to the regional Administrator . 

(6) For any permit application under section 22a-174-3a of the 

Regulations of Connecticut State Agencies for a new major stationary 

source or a major modification at a major stationary source, the 

commissioner shall forward a copy of the notice of tentative 

332 
determination, published in accordance with subdivision (3) of this 

subsection, to those individuals or entities identified in 

subparagraphs (A), (B), (C), (E) and (G), of subdivision (5) of this 

subsection . 

(7) For any permit application under section 22a-174-3a of the 

Regulations of Connecticut State Agencies other than an application 

for a new major stationary source or a major modification at a major 

stationary source, the commissioner shall forward a copy of the 

notice of tentative determination,,published in accordance with 40 

CFR 51 .161, as amended from time to time, to those individuals or 

entities identified in subparagraphs (A), (B), (C), and (G) of 

subdivision (5) of this subsection . 

(8) For any permit application under section 22a-174-3a(1) of the 

Regulations of Connecticut State Agencies, the commissioner shall 

comply with the public notice requirements set forth in section 22a174-3a(1)(7) of the Regulations of Connecticut State Agencies . 

(9) For any permit application under section 22a-174-33 of the 

Regulations of Connecticut State Agencies, the commissioner shall 

comply with the requirements set forth in section 22a-174-33(n) of 

the Regulations of Connecticut State Agencies . 

(c) Public Comments, Hearings and Meetings 

(1) Written comments may be filed by any person within thirty (30) 

days following the publication of a notice of a tentative 

determination under subsection (b)(3) of this section . The 

commissioner shall maintain a record of all comments made on the 

subject application . Any comments concerning the issuance of a 

Title V permit may be accompanied by a request for a public 

informational meeting or hearing, an adjudicatory hearing, or all 

three . Notwithstanding the provisions of section 22a-3a-6 of the 

Regulations of Connecticut State Agencies, any comments concerning 

the issuance of a permit under section 22a-174-3a of the Regulations 

of Connecticut State Agencies may be accompanied by a request for a 

public informational meeting or hearing, or both . 

(2) If the commissioner does not accept the recommendations of any 

director of the air pollution control program in any affected state 

or federally recognized Indian governing body with respect to any 

Title V permit issued pursuant to section 22a-174-33 of the 

Regulations of Connecticut State Agencies, the commissioner shall 

inform such director or federally recognized Indian governing body 

and the Administrator of the reasons therefore in accordance with 

the provisions of 40 CFR 70 .8(b), as amended from time to time . 

(3) Public adjudicative hearings shall be held as provided in 

section 22a-174(1)(2) or section 22a-174(m) of the Connecticut 

General Statutes, and in accordance with section 22a-3a-6 of the 

Regulations of Connecticut State Agencies . 

333 
(4) If a public adjudicative hearing is held, the commissioner 

shall publish a notice of such hearing in a newspaper of general 

circulation in the affected area at least thirty (30) days prior to 

such hearing . 

(5) Following the close of the public adjudicative hearing, the 

final decision maker shall make a decision . Such decision shall be 

based on the record of such hearing to approve, deny or 

conditionally approve the issuance of the permit sought . 

(6) Non-Adjudicative Public Informational Hearings . Following 

receipt of a written material request and prior to the issuance of a 

subject permit, or order pursuant to section 22a-174-33(d) of 

Regulations of Connecticut State Agencies, the commissioner shall 

hold a non-adjudicative public informational hearing on : 

(A) An application under section 22a-174-3a of the 

Regulations of Connecticut State Agencies ; 

(B) An application under section 22a-174-33 of the 

Regulations of Connecticut State Agencies ; 

(C) An order under section 22a-174-33(d) of the Regulations 

of Connecticut State Agencies ; and 

(D) Notwithstanding the above and following the 

commissioner's receipt of a written request for a public 

hearing, the commissioner shall hold such hearing if the 

permit application is for a new major stationary source 

or a major modification at a major stationary source, or 

for any stationary source where the stack height exceeds 

good engineering practice . 

(7) Non-Adjudicative Informational Meetings . For the purposes of 

an application under section 22a-174-3a or section 22a-174-33 of 

Regulations of Connecticut State Agencies, the commissioner may hold 

a non-adjudicative informational meeting prior to the issuance of a 

subject permit, either following receipt of a request therefore or 

upon the commissioner's own initiative . The commissioner shall 

publish, at the applicant's expense, notice of such public 

informational meeting in a newspaper of general circulation in the 

affected area at least thirty (30) days prior to such a meeting . The 

commissioner may consider more than one permit application at any 

such meeting . 

(8) Any notice of hearing or meeting pursuant to this subsection 

shall : 

(A) Be published at the applicant's expense in a newspaper of 

general circulation in the affected area at least thirty 

(30) days prior to such hearing or meeting ; 

334 
(B) Provide the name of the applicant ;_the location of the 

proposed activity ; the application number ; the type of 

permit being sought ; name, address and phone number for a 

contact person at the Department ; 

(C) Provide the name, address and number for the Department's 

Americans with Disabilities Act coordinator ; 

(D) Provide the date, time and location of the public hearing 

or meeting ; and 

(E) Be published in other media and in languages other than 

English as required by the commissioner . 

(9) The commissioner may consider more than one permit application, 

or order pursuant to section 22a-174-33(d) of Regulations of 

Connecticut State Agencies, at any hearing or meeting under 

subdivisions (6) or (7) of this subsection, provided the notice 

requirements of subdivision (8) of this subsection have been 

satisfied. The commissioner shall consider all written comments 

submitted within the public comment period in the notice including 

all comments received at the public hearing when making a final 

decision on the approvability of the application . 

(d) New Source Review and Title V Non-Minor Permit Modification 

(1) General . Prior to making the change that is the subject of the 

non-minor permit modification application the owner or operator 

shall apply for and obtain a non-minor permit modification pursuant 

to this subsection . . 

(2) Exemptions . A permittee may conduct an activity described in 

section 22a-174-3a(a)(2) of the Regulations of Connecticut State 

Agencies without applying for and obtaining a new source review nonminor permit modification under this subsection . 

(3) Except as provided in subdivision (2) of this subsection, the 

permittee of any stationary source or emission unit permitted under 

section 22a-174-3a or former section 22a-174-3 of the Regulations of 

Connecticut State Agencies shall apply for and obtain a new source 

review non-minor permit modification for any stationary source, 

emission unit, or modification identified in section 22a-174-

3a(a)(1) of the Regulations of Connecticut State Agencies . 

(4) Notwithstanding the exemptions in subdivision (2) of this 

subsection, the permittee of any Title V source shall apply for and 

obtain a Title V non-minor permit modification for any one or more 

of the following : 

(A) To incorporate the requirements of any new source review 

permit issued to the permittee under former section 22a335 
174-3(k) or (1) of the Regulations of Connecticut State 

Agencies or section 22a-174-3a(k) or (1) of the 

Regulations of Connecticut State Agencies ; 

(B) To change a Title V permit term or condition which had 

prevented a Title V source from being subject to an 

otherwise applicable requirement ; 

(C) To relax the form or type of or any reduction in the 

frequency of any monitoring, reporting or record keeping 

required by the Title V permit ; or 

(D) To incorporate a change to an applicable requirement not 

otherwise subject to subsections (e) or (f) of this 

section or not otherwise allowed as an off-permit change 

pursuant to 40 CFR 70 .4(b)(14), as amended from time to 

time, or as operational flexibility pursuant to 40 CFR 

70 .4(b)(12), as amended from time to time . 

(5) The procedural requirements for all non-minor permit 

modifications under subdivisions (3) and (4) of this subsection are 

as follows : 

(A) An application for a non-minor permit modification shall 

be made on forms prescribed by the commissioner . Such 

application shall include a description of any proposed 

changes, a proposed permit, any proposed monitoring 

procedures, any changes in potential emissions resulting 

from the proposed changes, and an identification of all 

regulatory, statutory, or otherwise applicable 

requirements that would become applicable as a result of 

such changes ; 

(B) The permittee shall not deviate from the terms and 

conditions of the existing permit until and unless the 

commissioner has modified that permit ; and 

(C) A non-minor permit modification pursuant to this 

subsection, shall only be granted, granted with 

conditions, or denied following public notice and 

opportunity for public comment and public hearing, in 

accordance with the procedures set forth in subsections 

(b) and (c) of this section . 

(6) In addition to the procedural requirements provided in 

subdivision (5) of this subsection, an application for a new source 

review non-minor permit modification under subdivision (3) of this 

subsection shall meet the requirements set forth in section 22a-174-

3a(c) and 22a-3a-5 of the Regulations of Connecticut State Agencies . 

(7) In addition to the procedural requirements provided in 

subdivision (5) of this subsection, an application for a Title V 

336 
non-minor permit modification under subdivision (4) of this 

subsection shall meet the requirements set forth in section 22a-174-

33(g) and 22a-3a-5 of the Regulations of Connecticut State Agencies 

and shall : 

(A) Meet the requirements of 40 CFR 70 .5(c), as amended from 

time to time ; 

(B) Meet the requirements of 40 CFR 70 .7(a)(1), (4), (5) and 

(6) as amended from time to time ; 

(C) Shall, where applicable, meet the requirements of 40 CFR 

72 through 78, inclusive, as amended from time to time ; 

and 

(D) Shall only be granted or denied following opportunity for 

a public informational hearing described in subsection 

(c)(6) of this section, as may be applicable . 

(8) With respect to an application for a Title V non-minor permit 

modification under subdivision (4) of this subsection, the 

commissioner shall : 

(A) Take final action on a Title V non-minor permit 

modification within twelve (12) months from receipt of a 

complete application . In the event that this deadline is 

exceeded no application for a Title V non-minor permit 

modification shall automatically be deemed sufficient or 

approved ; and 

(B) Submit the modified Title V permit to the Administrator . 

(9) If, pursuant to section 22a-174-3a(f) of the Regulations of 

Connecticut State Agencies, the commissioner modifies a new source 

review permit issued under section 22a-174-3a or former section 

22a-174-3 of the Regulations of Connecticut State Agencies, the 

following procedures shall apply: 

(A) The permittee shall not deviate from the terms and 

conditions of the existing permit until and unless the 

commissioner has modified that permit ; and 

(B) A non-minor permit modification pursuant to this 

subsection, shall only be granted, granted with 

conditions, or denied following public notice and 

opportunity for public comment and public hearing, in 

accordance with the procedures set forth in subsections 

(b) and (c) of this section . 

(e) New Source Review and Title V Minor Permit Modification 
(1) The permittee of any source that is subject to a new source 

review permit issued by the commissioner under section 22a-174-

3a(a)(1)(D) or (E) or former section 22a-174-3 of the Regulations of 

Connecticut State Agencies shall apply for a new source review minor 

permit modification to incorporate any modification of an emission 

unit with any increase in potential emissions, above allowable 

emissions, of less than fifteen (15) tons per year of any individual 

air pollutant, unless such modification is subject to the provisions 

of section 22a-174-3a(a)(1)(A), (B), (C) or (F) of the Regulations 

of Connecticut State Agencies . 

(2) The permittee of any Title V source shall apply for a Title V 

minor permit modification to incorporate : 

(A) Any modification not covered by permit revisions in 

subsection (f)(2)(A) through (F), inclusive, of this 

section ; and 

(B) Any modification allowed pursuant to the Title V minor 

permit modification criteria under 40 CFR 70 .7 

(e) (2) (i) (A) (1) through (6), inclusive, as amended from 

time to time . 

(3) The procedural requirements for all new source review and Title 

V minor permit modifications, except as otherwise provided in 

subdivisions (4) and (5) of this subsection, are as follows : 

(A) An application for a minor permit modification shall be 

made on forms prescribed by the commissioner and signed 

in accordance with subsection (a) of this section ; 

(B) An application for a minor permit modification shall 

include the following : 

(i) a description of the proposed modification, a 

proposed modified permit, any proposed monitoring 

procedures, any increase in potential emissions 

resulting from the proposed modification, and an 

identification of all regulatory, statutory, or 

otherwise applicable requirements that would become 

applicable as a result of such modification, and 

(ii) a statement, certified in accordance with subsection 

(a)(5) of this section, that the proposed minor 

permit modification meets all regulatory, statutory, 

or applicable requirements identified in the subject 

application pursuant ; 

(C) Subject to limitations specified in subdivision (5)(F) of 

this subsection, a permittee may implement the 

modifications proposed in the minor permit modification 

application no less than twenty-one (21) days after 

338 
filing a complete application with the commissioner . The 

permittee shall comply with the terms and conditions of 

the proposed modified permit and the terms and conditions 

of the existing permit that are not being modified, until 

the commissioner issues or denies the proposed modified 

permit . 

(D) The commissioner shall process any minor permit 

modification, subject to subdivision (1) of this 

subsection, at a Title V source in accordance with both 

the Title V and new source review minor modifications 

provisions in subdivisions (3) through (5), inclusive of 

this subsection unless otherwise allowed pursuant to 

subdivision (r)(2) of section 22a-174-33 of the 

Regulations of Connecticut State Agencies . 

(4) With respect to an application for a new source review minor 

permit modification, under subdivision (1) of this subsection, to a 

permit issued under section 22a-174-3a or former section 22a-174-3 

of the Regulations of Connecticut State Agencies, the existing 

permit terms and conditions of the permit sought to be modified 

remain in full force and effect if the modification that is the 

subject of the application is determined by the commissioner to 

require a non-minor permit modification . 

(5) The following requirements shall apply to an application for a 

Title V minor permit modification under subdivision (2) of this 

subsection : 

(A) The application shall meet the requirements of 40 CFR 

70 .5(c), as amended from time to time, and shall be 

governed by 40 CFR 72 through 78, inclusive, as amended 

from time to time ; 

(B) The application shall include completed forms for the 

commissioner to use to notify the Administrator, affected 

states and federally recognized Indian governing bodies 

of' the proposed Title V minor permit modification ; 

(C) The commissioner shall notify the Administrator, affected 

states and the federally recognized Indian governing 

bodies within five (5) business days of receiving an 

application for a Title V minor permit modification ; 

(D) The commissioner shall comply with the timetable for 

issuance set forth in 40 CFR 70 .7(e)(2)(iv), as amended 

from time to time ; 

(E) The commissioner shall not grant the permit shield 

provided by section 22a-174-33(k) of the Regulations of 

Connecticut State Agencies for Title V minor permit 

modifications made under this subsection ; 

339 
(F) The permittee shall comply with the existing permit terms 

and conditions of the Title V permit if : 

(i) the permittee fails to comply with the proposed 

permit terms and conditions during the pendency of 

an application for a Title V minor permit 

modification, 

(ii) such application is subject to the provisions of 

subsection (d) of this section and the owner or 

operator has already implemented or began 

implementing the proposed modifications, 

(iii) the commissioner denies the proposed Title V 

modified permit, 

(iv) the commissioner has made a determination under 40 

CFR 70 .7(e)(2)(iv)(C), as amended from time to time, 

or 

(v) the commissioner determines that the proposed 

modification would make the source subject to 

section 22a-174-3a of the Regulations of Connecticut 

State Agencies ; and 

(6) Notwithstanding the requirements of subsections (b) and 

(c) of this subsection, the commissioner may modify a 

Title V permit or new source review permit under this 

subsection without published notice, public comment, or 

hearing . . 

(f) Permit Revisions 

(1) Exemptions . The owner or operator of a stationary source may 

perform the activities described in sections 22a-174-3a(a)(2)(A)(i) 

through (iii) and 22a-174-3a(a)(2)(B) through (C) of the Regulations 

of Connecticut State Agencies unless otherwise restricted by any 

provision of such permit or an order of the commissioner . 

(2) The permittee of any stationary source for which the 

commissioner has issued a permit under 22a-174-33, section 22a-174-

3a, or former section 22a-174-3 of the Regulations of Connecticut 

State Agencies shall apply for and obtain a permit revision, for the 

purposes of : 

(A) Correcting a clerical error ; 

(B) Revising the address or phone number of any person 

identified in such permit, or making another revision 

reflecting a similarly minor administrative change at or 

concerning the subject source ; 

340 
(C) Revising the name of the authorized representative of the 

permittee, provided that a request to change such 

authorized representative shall be accompanied by written 

authorization in accordance with subsection (a)(2)(A) 

through (D), inclusive, of this section ; 

(D) Requiring more frequent or additional monitoring, record 

keeping or reporting ; 

(E) Reflecting a transfer in ownership or operational control 

of the subject source, in accordance with subsection (g) 

of this section, provided that : 

(i) no other modification of the subject permit is 

required as a result of such transfer, 

(ii) if the subject permit contains a provision for 

changing ownership or operational control of the 

. subject source, the provision stated in the permit 

shall be followed provided that such provision is 

consistent with section 22a-6o of the Connecticut 

General Statutes, and 

(iii) any transfer of the permit required by section 22a6o of the Connecticut General Statutes has been 

granted by the commissioner ; 

(F) Implementing an administrative Title V permit amendment 

set forth in 40 CFR 70 .7(d)(1)(v), as amended from time 

to time ; or 

(G) Implementing a fuel conversion described in section 22a174-3a(a)(2)(A)(iv) or (v) of the Regulations of 

Connecticut State Agences . 

(3) Notwithstanding the requirements of subsections (b) and (c) of 

this section, the commissioner may revise a permit under this 

subsection without published notice, public comment, or hearing . 

(4) Except as provided in subdivision (2) of this subsection, upon 

submitting to the commissioner a written request for a permit 

revision under this subsection, a permittee may make changes as set 

forth in such request . 

(5) With respect to a request to revise a Title V permit the 

commissioner shall comply with the applicable provisions of 40 CFR 

70 .7 (d)(2) and (3), as amended from time to time 

(6) The commissioner shall not grant the permit shield provided by 

section 22a-174-33(k) of the Regulations of Connecticut State 

Agencies for permit revisions made under this subsection . 
(g) Permit Transfer 

(1) No person shall act or purport to act under the authority of a 

permit issued to another person unless such permit has been 

transferred in accordance with section 22a-6o of the Connecticut 

General Statutes . 

(2) If the permit transferred is a Title V permit, such transfer 

shall comply with 40 CFR 70 .7(d)(1)(iv), as amended from time to 

time, and proceed under subsection (f)(2)(E) of this section . 

(h) Permit Revocation 

(1) The commissioner may revoke any permit on his own initiative or 

at the request of the permittee in accordance with sections 4-182(c) 

and 22a-174c of the Connecticut General Statutes, section 22a-3a5(d) of the Regulations of Connecticut State Agencies, and any other 

applicable law. Any such request shall be in writing and contain 

facts and reasons supporting the request . 

(2) A permittee requesting the revocation of the permittee's Title V permit shall also state the requested date of revocation and 

provide evidence satisfactory to the commissioner that the subject 

source is no longer a Title V source . 

(3) The Administrator, pursuant to the Act, is authorized to revoke 

or revoke and reissue a Title V permit if the Administrator has 

determined that the commissioner failed to act in a timely manner on 

a permit renewal application . 

(i) Permit Renewal 

(1) In addition to the requirements of section 22a-3a-5(c) of 

the Regulations of Connecticut State Agencies, except as provided in 

subdivision .(2) of this subsection, the permittee shall apply for a 

permit renewal, if the subject permit contains an expiration date, 

at least one hundred twenty (120) days prior to the permit 

expiration date . Such application shall be made on forms prescribed 

by the commissioner, and-shall include a description of any proposed 

modifications, proposed permit language, any proposed monitoring 

procedures, any increases or decreases in potential emissions 

resulting from any proposed modifications, and an identification of 

all regulatory, statutory, or otherwise applicable requirements that 

would become applicable as a result of such proposed modifications . 

(2) The owner or operator of a Title V source shall apply for a 

renewal of a Title V permit no later than twelve (12) months prior 

to the expiration date of such permit . 

(3) Notwithstanding subdivision (1) of this subsection, permits to 

operate issued after June 1, 1972 and before April 2, 1986 need not 

be renewed even when there is a expiration date on the permit . 

342 
Statement of purpose of Section 22a-174-2a : To adopt regulations to establish a minor permit revision 

procedure for holders of Title V operating permits in accordance with 40 CFR 70.7(e)(2) ; and to provide 

adequate, streamlined, and reasonable procedures for expeditiously processing permit modifications in 

accordance with the conditions imposed on the Connecticut Department of Environmental Protection by the 

United States Environmental Protection Agency (EPA) in the proposed interim approval of the Connecticut Title 

V program. See proposed interim approval of the Connecticut Title V program by EPA, 61 Federal Register 

64656 (December 6, 1996), finalized by EPA at 62 Federal Register 13830 (March 24, 1997). In addition, this 

proposal establishes modification and revision procedures for permits issued pursuant to former section 22a-174-

3 or section 22a-174-3a of the Regulations of Connecticut State Agencies . This proposal also consolidates many 

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

section 22a-174-3a of the Regulations of Connecticut State Agencies and Title V operating permits under section 

22a-174-33 of the Regulations of Connecticut State Agencies . 

C. Final Wording of Proposed RC.S.A. 22a-174-3 and 22a-174-3a : 

Sec. 4 The Regulations of Connecticut State Agencies are amended by deleting section 22a174-3. 

Sec. 5 The Regulations of Connecticut State Agencies are amended by adding a new section 

22a-174-3a as follows: 

(NEW) 

Sec . 22a-174-3a . Permit to Construct and Operate Stationary Sources 

(a) Applicability and Exemptions 

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

stationary source or modification not otherwise exempted in 

accordance with subdivision (2)(A) through (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 ; or 

343 
(F) 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 . 

(2)Exemptions . Notwithstanding the provisions of subdivision (1) of 

sources listed in subdivision (2)(B) and (2)(C) of this 

section, without a permit under this section, with the 

exception of any source subject to subdivision (1) of this 

subsection in accordance with subdivision (6) of this 

subsection : ' 

(A) Any activity that : 

(i) adds air pollution control equipment or implements 

process changes to control air pollution unless the 

addition or implementation results in an increase in 

actual emissions of any individual air pollutant of 

fifteen (15) tons or more per year, or ten (10) tons 

or more per year of a hazardous air pollutant 

subject to the provisions of subsection (m) of this 

section, 

(ii) relocates a portable rock crusher which is subject 

to a permit or exemption letter issued by the 

commissioner under former section 22a-174-3 

Regulations of Connecticut State Agencies, or which 

is registered under a general permit for such 

sources issued by the commissioner under section 

22a-174(1) of the Connecticut General Statutes, 

provided the owner or operator is in compliance with 

any such permits and provides written notice to the 

commissioner prior to such relocation, 

(iii) constitutes a conversion from fuel oil to natural 

gas, or in addition to fuel oil, provided such 

conversion does not increase actual emissions of any 

individual air pollutant by fifteen (15) tons or 

more per year, unless such conversion results in 

reconstruction ; or 

(iv) constitutes a conversion from residual fuel oil to 

distillate fuel oil, or in addition to residual fuel 

oil, provided such conversion does not increase 

actual emissions of any individual air pollutant by 

fifteen (15) tons or more per year, unless such 

conversion results in reconstruction . 

this subsec 

(B) Any stationary source that is : 
(i) registered under and is in compliance with any new 

source review general permit to construct and 

operate a new or existing stationary source issued 

pursuant to section 22a-174(1) of the Connecticut 

General Statutes, 

(ii) a stripping facility used to remove VOC from 

contaminated groundwater or soil pursuant to an 

order issued by the commissioner, provided such 

facility has a control device with VOC removal 

efficiency of at least ninety-five percent (95%), 

(iii) a portable engine or boiler temporarily replacing an 

existing engine or boiler, provided the replacement 

units have a combined emission rate equal to or less 

than the existing units and that the number of days 

total that any and all such portable engines or 

boilers may be used does not exceed ninety (90) days 

in any calendar year, or 

(iv) in compliance with section 22a-174-3b or Section 

22a-174-3c of the Regulations of Connecticut State 

Agencies, unless otherwise subject to this section 

pursuant to subdivisions (6) or (7) of this 

subsection ; 

(C) Any : 

(i) mobile source, or 

(ii) non-road engine as defined in 40 CFR Part 89 . 

(3) In determining the applicability of subsections (k) or (1). of 

this section, the owner or operator may determine the net emissions 

increase . However, the net emissions increase shall not be used 

determining the applicability of : 

(A) This section to any minor source or modification thereof ; 

or 

(B) Subsection (j) of this section . 

(4) This section and section 22a-174-2a of the Regulations of 

Connecticut State Agencies shall apply to any stationary source or 

modification for which a permit application under former section 

22a-174-3 of the Regulations of Connecticut State Agencies was filed 

prior to the effective date of this section, and for which a permit 

has yet to be issued or denied . 

(5) Any permit modification or permit revision to a permit issued 

under this section shall be made as required in, and in accordance 
with, the provisions of this section and section 22a-174-2a of the 

Regulations of Connecticut State Agencies . _ 

(6) To determine the applicability of subdivision (1)(B) of this 

subsection, pursuant to the de minimis rule under section 182(c)(6) 

and (f) of the Act, the owner or operator of a major stationary 

source shall make and keep records of actual VOC and NOx emission 

increases and decreases at such source, resulting from any physical 

change in, or change in the method of operation of a stationary 

source . Such increases shall include emission increases below 

fifteen (15) tons per year of any individual air pollutant . 

(7) To determine if the net emission increase of a modification 

exceeds the major source threshold levels and is subject to 

subsection (k) of this section, the owner or operator shall make and 

keep records of actual emissions increases and decreases including 

those below fifteen (15) tons per year, over the five (5) 

consecutive calendar years preceding the completion of construction . 

(8) Any permit issued under former section 22a-174-3 of the 

Regulations of Connecticut State Agencies shall remain in full force 

and effect, in accordance with Section 22a-174-2a(i) of the 

Regulations of Connecticut Agencies, unless otherwise determined by 

the commissioner . 

(b) Authorized activities prior to permit issuance 

(1) The owner or operator of a stationary source or modification 

who is required to obtain a permit or non-minor permit modification 

under the provisions of this section may, prior to obtaining such 

permit : 

(A) Enter into binding agreements or contractual obligations 

to undertake construction of the proposed stationary 

source or modification for which a permit is required ; 

and 

(B) Begin site clearing activities . 

(2) The owner or operator of a stationary source or modification 

who must obtain a permit or non-minor permit modification under the 

provisions of this section, shall not begin actual construction 

before permit issuance . Such construction activities include, but 

are not limited to, the following activities which are specifically 

required for construction of the proposed stationary source or 

modification : 

(A) Excavating, blasting, removing rock and soil ; or 

(B) Installing footings, foundations, retaining walls, or 

permanent storage structures . 
(c) Applications 

(1) The owner or operator of a stationary source or modification 

subject to the provisions of this section shall apply for a permit 

on forms prescribed by the commissioner . All permit applications 

shall include : 

(A) An executive summary and all other information required 

by section 22a-3a-5 of the Regulations of Connecticut 

State Agencies . The executive summary shall summarize 

the information contained in the application ; 

(B) Background information, including, but not limited to, 

the address of the premises, the legal name and business 

address of the applicant and of the applicant's agent for 

service of process and, if the applicant is not the owner 

of the subject source, the legal name and business 

address of such owner and of the owner's agent for 

service of process, the names and telephone numbers of 

the plant or site manager and any other individual, such 

as an engineer or consultant, designated by the owner or 

operator to answer questions pertaining to such 

application, including but not limited to, the siting of 

the subject stationary source or modification ; 

(C) The premises' site plan, including : a linear scale and 

north arrow, the plot plans depicting existing and 

proposed building locations, the legal boundaries of the 

property, stack locations, location of the subject ' 

stationary source or modification on the premises, and a 

United States Geological Survey topographic quadrangle 

map identifying the latitude and longitude of the subject 

stationary source or modification ; and to the extent the 

commissioner deems it necessary, building dimensions and 

final grade elevations for all structures located on the 

premises ; 

(D) Technical information, including, but not limited to : 

(i) descriptions of equipment, processes, air pollution 

control equipment, stack, fuels, process materials 

to be used, and process flow diagrams, 

(ii) a completed pre-inspection questionnaire, if 

requested by the commissioner, which describes the 

equipment, processes and materials used, 

(iii) the type, size, and efficiency of control equipment, 

and 
(iv) the date, or proposed date, for commencement of 

construction of the subject stationary source or 

modification; 

(E) The rate of emissions for individual air pollutants from 

the subject stationary source or modification . To 

calculate the rate of emissions, the owner or operator 

shall use data from one or more of the following, unless 

the commissioner determines otherwise : . 

(i) a continuous monitoring system which has been 

certified by the commissioner, provided that such 

data may be taken from a source similar to that for 

which a permit is sought, 

(ii) stack testing data, provided such testing was 

conducted in accordance with protocols preapproved 

by the commissioner in writing and such test was 

observed by department staff ; and further provided 

that such data may be taken from a source similar to 

that for which a permit is sought, 

(iii) material balances conducted by an individual with 

knowledge of the subject process, 

(iv) data from the "Compilation of Air Pollutant Emission 

Factors (AP-42)" as published by the Environmental 

Protection Agency, 

(v) a calculation submitted to the commissioner, or 

(vi) manufacturer's data submitted to the commissioner ; 

(F) Pursuant to subsection (j) of this section, proposed best 

available control technology (BACT) determination, 

including, but not limited to, an analysis, as required 

by subsection (j) of this section, of the amount of 

emission reduction achievable through the use of BACT ; 

(G) For any stationary source or modification subject to 

subsection (1) of this section, the proposed lowest 

achievable emission rate (LAER) determination, including 

an analysis of the proposed LAER for each air pollutant, 

as required by subsection (1) of this section . Such 

analysis shall include the amount of emission reduction 

achievable through the use of LAER ; 

(H) For any stationary source or reconstruction subject to 

subsection (m) of this section, the proposed maximum 

achievable control technology (MACT) determination, as 

required by subsection (m) of this section ; 

348 
(I) If the premises is a major stationary source, for the 

purposes of determining compliance .with subdivisions 

(a)(6) and (7) of this section, a summary of the 

potential emissions from the new subject stationary 

source or modification and actual emissions from existing 

stationary sources located at the premises over the 

preceding five (5) consecutive calendar years ; 

(J) Compliance information pursuant to and-required by 

section 22a-6m of the Connecticut General Statutes ; 

(K) Certification in accordance with section 22a-174-2a of 

the Regulations of Connecticut State Agencies ; and 

(L) All application fees required by law . 

(2) The commissioner may require the owner or operator of the 

subject stationary source or modification to provide such additional 

information as. the commissioner deems necessary . 

(d) Standards for Granting and Renewing a Permit 

(1) The commissioner may impose conditions on any permit or renewal 

thereof to ensure compliance with the regulations adopted pursuant 

to section 22a-174 of the Connecticut General Statutes and the Act . 

(2) A permit or permit renewal shall not be issued unless the 

commissioner determines, upon evidence submitted by the owner or 

operator or otherwise made part of the record, that the owner or 

operator of the subject stationary source or modification shall 

comply with the applicable provisions of subdivision (3) of this 

subsection . 

(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 

349 
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 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 under section 110 of the 

Act ; 

(D) Operate such stationary source or modification in 

accordance with all applicable emission standards and 

standards of performance under 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, 

(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 

commissioner may require ; 

(F) 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 ; 

(G) Pay all fees required by the Department within forty-five 

(45) days of receipt of a tentative determination of the 

commissioner ; 

(H) Incorporate Best Available Control Technology (BACT), as 

directed by the commissioner, for each individual air 

pollutant subject to, and in accordance with, subsection 

(j) of this section; 

(I) Incorporate the lowest achievable emission rate (LAER), 

as directed by the commissioner, for each individual air 
pollutant subject to, and in accordance with, subsection 

(1) of this section ; _ 

(J) Incorporate the maximum available control technology 

(MACT), as directed by the commissioner, for each 

individual air pollutant subject to, and in accordance 

with, subsection (m) of this section ; 

(K) 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) ; 

(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 ; 

(N) 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 ; 

(0) Comply with an approved operation and maintenance plan 

submitted pursuant to subsection (c)(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) Make the permit available at the subject premises 

throughout the period that such permit is in effect ; and 

(R) 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 . 

(4) An expiration date may be placed within any permit issued 

pursuant to this section . Any permit issued pursuant to this 

351 
section or former section 22a-174-3 of the Regulations of 

Connecticut State Agencies containing an expiration date shall be 

renewed in accordance with the provisions of section 22a-174-2a(i) 

of the Regulations of Connecticut State Agencies . 

(e) Emission Testing 

(1) The permit may require that the owner or operator conduct 

emission (stack) testing to assure compliance with the permit terms 

and conditions in accordance with this subsection and section 22a174-5 of the Regulations of Connecticut State Agencies . 

(2) Emission tests shall be conducted in a manner acceptable to and 

approved by the commissioner . The owner or operator shall provide 

the results of any emission test in a form satisfactory to the 

commissioner . The commissioner shall have the opportunity to observe 

all emission tests or the results of any such tests may be 

disapproved by the commissioner . 

(3) Based upon emission test results, the commissioner may modify, 

revise, or revoke a permit in accordance with subsection (f) of this 

section . 

(f) Modification, revision, or revocation of a permit 

(1) The commissioner may modify, revise, or revoke a permit in 

accordance with this section, section 22a-174-2a of the Regulations 

of Connecticut State Agencies, and sections 4-182 and 22a-174c of 

the Connecticut General Statutes . 

(2) The commissioner shall review and may modify, revise or revoke 

any permit if the owner or operator : 

(A) Has not commenced construction authorized by the permit 

within eighteen (18) months from the date of issuance, or 

such other period, as the permit provides, whichever is 

later ; 

(B) Has discontinued construction for eighteen (18) months or 

more after actual construction authorized by the permit 

has begun ; or 

(C) Has not commenced operation authorized by the permit 

within twenty-four (24) months from the completion of 

construction, or such other period as the permit 

provides, whichever is later . 

(g) Non-Minor Permit Modifications, Minor Permit Modifications and 

Permit Revisions 
(1) Any non-minor permit modification to a permit issued pursuant 

to this section shall be made in accordance with subsections (d)(1), 

(2), (3), (5) and (6) or subsection (d) (8) of section 22a-174-2a of 

the Regulations of Connecticut State Agencies, respectively . 

(2) Any minor permit modification to a permit issued pursuant to 

this section shall be made in accordance with subsections (e)(1), 

(3) and (4) of section 22a-174-2a of the Regulations of Connecticut 

State Agencies, respectively . 

(3) Any revision to a permit issued pursuant to this section shall 

be made in accordance with section 22a-174-2a(f) of the Regulations 

of Connecticut State Agencies . 

(h) Duty to Comply 

An owner or operator shall comply with the permit or modification 

thereto issued by the commissioner under this section . 

(i) Ambient Air Quality Analysis 

(1) An application for a permit subject to this subsection, if 

requested to be provided under subsection (c)(2) of this section, 

shall contain an analysis of the effect of the pollutants listed in 

Table 3a(i)-(1) below . For the purposes of this subsection, the 

allowable emissions of an air pollutant will be deemed to have a 

significant impact on air quality if such impact is greater than or 

equal to the amount listed for any individual air pollutant in Table 

3a(i)-1 below . 

Table 3a(i)-1 Ambient Impact 

AIR POLLUTANT AMBIENT IMPACT 

(MICROGRAMS PER CUBIC METER) 

PMio 

Annual average 1 

24-hour average* 5 

Sulfur Dioxide 

Annual average 1 

24-hour average 5 

3-hour average 

I 

25 

Carbon Monoxide 

8-hour average 500 I 

1-hour average 2000 

Nitrogen Dioxide 

Annual average 1 

Dioxin 

Annual average (as 

calculated according to 

Section 22a-174-1(29) of the (Notwithstanding above units) 

353 
Regulations of Connecticut 0 .1 picograms/m3 

State Agencies) - 

(Polychlorodibenzodioxins 

(PCDDs)) 

(Polychlorodibenzofurans 

(PCDFs)) 

Lead (Pb) 

Three (3) month average 0 .3 

(2) Any person who makes estimates of ambient air quality impacts 

shall use applicable air quality models, databases or other 

techniques approved by the commissioner . The commissioner may 

request any owner or operator to submit an ambient air quality 

impact analysis using applicable air quality models and modeling 

protocols approved by the commissioner . , 

(j) Best Available Control Technology (BACT) 

(1) An owner-or operator shall incorporate 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 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) Potential emissions of fifteen (15) tons or more per year 

of any individual air pollutant, from a modification to 

each existing emission unit . 

(2) The owner or operator : 

(A) Shall make and submit to the commissioner for written 

approval a BACT analysis for each air pollutant subject 

to subdivision (1) of this subsection, including but not 

limited to, secondary and cumulative impacts and cost 

estimates of all control options, or the use of 

innovative technology ; and 

(B) Shall install BACT as approved by the commissioner . 
(3) The commissioner's review and written approval regarding BACT 

or the use of innovative technology shall be conducted prior to the 

issuance of the permit and prior to beginning actual construction . 

(4) Notwithstanding any permit for a new source or modification 

under this subsection the commissioner may require for construction 

projects, including phased construction projects, that the permittee 

resubmit for review and approval a BACT analysis if such 

construction or phase of construction has not commenced within the 

eighteen (18) months following the commissioner's approval of the 

current BACT determination for such construction or phase of 

construction . 

(5) Prior to commencing construction, including each phase of 

phased construction, the owner or operator may be required by the 

commissioner to demonstrate the adequacy of the technology used 

pursuant to any previous BACT determination, if such construction or 

phase of construction has not commenced within the eighteen (18) 

months following the commissioner's approval of the current BACT 

determination ~for such construction or phase of construction . 

(6) In determining whether to approve BACT, the commissioner shall : 

(E) Take into account any emission limitation, including any 

visible emission standard, which is achievable under any 

permit limitation or any stack test demonstration 

acceptable to the commissioner ; 

(F) Consider a previous BACT approval for a similar or a 

representative type of source ; 

(C) If the commissioner determines that technological or 

economic limitations on the application of measurement 

methodology to a particular class of sources would make 

the imposition of an emission standard infeasible, the 

commissioner may prescribe a design, equipment, work 

practice or operational standard, or combination thereof, 

to satisfy the requirement for the application of BACT . 

Such standard shall, to the degree possible, set forth 

the emission reduction achievable by implementation of 

such design, equipment, work practice or operation and 

shall provide for compliance by means which achieve 

equivalent results : and 

(D) Not preclude the establishment of an output based 

emission limitation as BACT provided such application of 

BACT improves the overall thermal efficiency of the 

subject source or modification . 

(7) In determining whether to approve BACT, the commissioner shall 

take into account energy, economic and environmental impacts, 

including secondary and cumulative impacts, and other costs . 

355 
(8) In no event shall the application of BACT result in : 

(A) Emissions of any pollutant which would exceed the 

emission allowed by an applicable standard under 40 CFR 

Parts 60 and 61, and any State Implementation Plan 

limitation ; 

(B) The use of offsetting emission reductions to meet the 

commissioner's approval of BACT ; or 

(C) The use of a net emissions increase to meet the 

commissioner's approval of BACT . 

(9) The commissioner may allow the use of innovative technology as 

BACT, in accordance with 40 CFR 52 .21(v), provided that 

Administrator means commissioner for the purposes of this provision . 

The owner or operator shall demonstrate that the proposed innovative 

technology wil_1 comply with 40 CFR 52 .21(v), provide a net air 

quality benefit, and meet at least two (2) of the following 

criteria : 

(A) Improves the process or operation of existing equipment ; 

(B) Requires the use of new equipment or air pollution 

control technology ; 

(C) Reduces localized impacts of any individual air 

pollutant ; or 

(D) Implements principles of pollution prevention or 

environmental management systems . 

(k) Permit Requirements for Attainment Areas : Prevention of 

Significant Deterioration of Air Quality (PSD) Program 

(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 . 

(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)-1 of 

this subsection ; and 
(B) A net emissions increase that is equal to or greater than 

the significant emission rate thresholds in Table 3a(k)-1 

of this subsection . 

(3) Notwithstanding subdivisions (1) and (2) of this subsection, 

the provisions of this subsection do not apply to a major stationary 

source or major modification with potential emissions of nitrogen 

oxides of more than twenty-five (25) tons but less than forty (40) 

tons per year . 

(4) The owner or operator of a new major stationary source or major 

modification subject to this subsection shall install BACT as 

approved by the commissioner in accordance with subsection (j) of 

this section . 

(5) Ambient Monitoring 

(A) The permit application shall contain an analysis of the 

effect on ambient air quality in the area of the subject 

source or modification, of the following pollutants : 

(i) those that have allowable emissions in excess of the 

amount listed in Table 3a(k)-i of this subsection, 

or 

(ii) those listed in section 22a-174-24 of the 

Regulations of Connecticut State Agencies, 

(B) For any pollutant for which a National Ambient Air ' 

Quality Standard does not exist, the analysis shall 

contain such air quality monitoring data as the 

commissioner determines is necessary to assess ambient 

air quality for that pollutant in any area that such 

pollutant may affect ; 

(C) For any pollutant (other than nonmethane hydrocarbons) 

for which a National Ambient Air Quality Standard exists, 

the analysis shall contain continuous air quality 

monitoring data gathered for purposes of determining 

whether emissions of that pollutant would cause or 

contribute to a violation of such standard or a 

Prevention of Significant Deterioration increment listed 

in Table 3a(k)-2 of this subsection ; 

(D) The continuous air quality monitoring data that is 

required by subparagraphs (B) and (C) of this subdivision 

shall have been gathered over a period of one (1) year 

and shall represent the year preceding receipt of the 

application, unless the commissioner determines in 

writing that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period 
shorter than one (1) year, but not to be less than four 

(4) months ; . 

(E) The owner or operator shall, after construction of the 

subject source or modification, conduct such ambient 

monitoring as the commissioner determines is necessary to 

determine the effect which the emissions from such source 

or modification may have, or are having, on air quality 

in any area . In addition, the owner or operator shall 

submit the results of such ambient monitoring to the 

commissioner within thirty (30) days of data collection ; 

and 

(F) The owner or operator shall meet the requirements of 40 

CFR 58, Appendix B during the operation of monitoring . 

(6) Source Impact Analysis . 

(A) The owner or operator of the subject source or 

modification which will have an impact on air quality 

equal to or greater than any amount listed in Table 

3a(i)-1 of subsection (i) of this section shall not cause 

or contribute to air pollution in violation of the 

National Ambient Air Quality Standards or any applicable 

maximum allowable increase above baseline concentration 

established in Table 3a(k)-2 of this subsection ; 

(B) Compliance with the requirements of this subsection shall 

be determined using the Department's air emissions ' 

inventory and the Prevention of Significant Deterioration 

increments listed in Table 3a(k)-2 of this subsection ; 

(C) A permit application for the subject source or 

modification shall include a calculation of the increase, 

above the baseline concentration, in ambient 

concentrations of pollutants to be expected from the new 

major stationary source or major modification . Such 

calculation shall be based on : 

(i) the allowable emissions from the subject source or 

modification, 

(ii) the actual emissions from all major stationary 

sources which were required to obtain a permit after 

the major source baseline date, 

(iii) the increased actual emissions from all 

modifications to the major stationary source which 

were required to be permitted after the major source 

baseline date and before the minor source baseline 

date . The owner or operator shall use allowable 

emissions instead of actual emissions if such 
modifications are located on the owner's or 

operator's premises, _ 

(iv) the actual emissions from all stationary sources, 

other than major stationary sources, which were 

required to obtain a permit after the minor source 

baseline date, 

(v) the allowable emissions for any stationary source 

for which a permit is pending and for which the 

commissioner has made a determination of application 

sufficiency, and 

(vi) the reductions, occurring on or after the minor 

source baseline date, in actual emissions and 

federally enforceable allowable emissions from 

stationary sources located in the baseline area ; 

(D) When determining the increase over the baseline 

concentration of criteria air pollutant emissions from 

the subject major stationary source or major 

modification, the commissioner may consider any proposed 

reductions in actual emissions and allowable emissions 

which will occur prior to the commencement of operation 

of the subject major stationary source or major 

modification, provided such reductions become 

enforceable . 

(7) A permit application for the subject source or modification 

shall contain an analysis, in accordance with subsection (i) of this 

section, of the effect of the pollutants listed in Table 3a(k)-1 . 

Table 3a(k)-1 Significant Emission Rate Thresholds 

AIR POLLUTANT EMISSION LEVELS 

(TONS PER YEAR) 

Carbon Monoxide 100 

Nitrogen oxides (as an ozone 

precursor) 

25 

AmSioer~FnA~rlgualityxStanaar~T 

40 

Sulfur Dioxide 40 

Particulate Matter 25 

PMlo 15 

Volatile Organic Compounds 25 

Hydrogen Sulfide (H-S) 10 
Total Reduced Sulfur (including HzS) 10 

R educed Sulfur Compounds (including - 

10 

H2S) 

_ 

. 

Sulfuric Acid Mist 7 

Fluorides 3 

Lead 0 .6 

Mercury 0 .1 

Municipal Waste Combustor Organics 3 .5 x 10'6 

(measured as total tetra-through 

octa-chlorinated dibenzo-p-dioxins 

and dibenzofurans) 

Municipal Waste Combustor Metals 15 

(Measured as particulate matter) 

Municipal Waste~Combustor Acid 40 

Gases (Measured as sulfur dioxide 

and hydrogen chloride) 

Table 3a(k)-2 Maximum Allowable Increase above 

Baseline Concentration 

AIR POLLUTANT PSD INCREMENT (Ug/m') 

Particulate Matter, as PMla 

Annual Arithmetic Mean 17 

24-Hour Average 

I 

30 

Sulfur Dioxide 

Annual Arithmetic Mean 20 

24-Hour Average 91 

3-Hour Average 512 

Nitrogen Dioxide 

Annual Arithmetic Mean 25 

(8) Additional Source Information . 

(A) The owner or operator of the subject source or 

modification shall include in the application : 

(i) an analysis of the impairment to visibility, soils, 

and vegetation that would result from construction 

and operation of the subject source or modification, 
and an analysis of the general commercial, 

residential, industrial and other associated growth . 

The owner or operator need not provide an analysis 

of the impact on vegetation having no significant 

commercial or residential value, 

(ii) an analysis, based upon methods approved by the 

commissioner in writing, of the ambient air quality 

impact projected for the area as a result of the 

general commercial, residential, industrial, and 

other growth associated with the subject source or 

modification, 

(iii) a description of the nature, location, design 

capacity and typical operating schedule of the 

subject source or modification, including 

specifications and drawings showing its design and 

plant layout, 

(iv) a schedule for construction of the subject source or 

modification, 

(v) a detailed description as to what system of 

continuous emission reduction is planned for the 

subject source or modification, emission estimates, 

or any other information necessary to demonstrate to 

the commissioner that BACT will be applied, and 

(vi) any other information deemed necessary by the 

commissioner to perform any analysis or make any 

determination under this subsection ; 

(B) Upon the commissioner's request, the owner or operator of 

the subject source or modification shall submit : 

(i) the ambient air quality impact of the subject source 

or modification, including meteorological and 

topographical data necessary to estimate such 

impact, and 

(ii) the ambient air quality impacts and the nature and 

extent of the general commercial, residential, 

industrial and other growth which have or has 

occurred since August 7, 1977 in the area the 

subject source or modification will affect . 

(9) Additional Public Participation Requirements . In addition to 

the public participation requirements of section 22a-174-2a of the 

Regulations of Connecticut State Agencies : 

(A) The commissioner shall include in the notice of tentative 

determination.published pursuant to section 22a-174-2a of 
the Regulations of Connecticut State Agencies and section 

22a-6h of the Connecticut General Statutes, notice of 

opportunity for public comment at a public hearing, if 

one is requested, the opportunity to submit written 

comment, the degree of Prevention of Significant 

Deterioration increment consumption that is expected if 

the proposed activity is permitted, and any other 

information the commissioner deems appropriate ; and 

(B) The owner or operator of the subject source or 

modification shall send a copy of the notice required 

under subparagraph (A) of this subdivision to those 

individuals or entities listed under subsection (b)(5), 

as specified in subsection (b)(6), of section 22a-174-2a 

of the Regulations of Connecticut State Agencies . 

(1) Permit Requirements For Non-attainment Areas 

(1) Applicability . In accordance with subsection (a) of this 

section, the provisions of this subsection shall apply to the owner 

or operator of any new major stationary source or major modification 

which : 

(A) Is or will be a major stationary source or major 

modification for any non-attainment air pollutant if such 

source is located in a non-attainment area for such air 

pollutant ; or 

(B) Is located in an attainment area or unclassifiable area, 

but the allowable emissions of any air pollutant would 

cause or-exacerbate a violation of a National Ambient Air 

Quality Standard in an adjacent non-attainment area . 

Allowable emissions of any such air pollutant will be 

deemed not to cause or contribute to a violation of a 

National Ambient Air Quality Standard provided that such 

emissions result in impacts that are less than levels set 

forth in Table 3a(i)-1 in subsection (i) of this section . 

(2) Analysis of alternatives . 

(A) An owner or operator of the subject source or 

modification shall include an analysis of alternative 

sites for the proposed activity, alternative sizes for 

the subject source or modification, alternative 

production processes, and all environmental control 

techniques and technologies which are available for such 

major stationary source or major modification ; 

(B) Such analysis shall demonstrate whether the benefits of 

the subject source or modification would significantly 

outweigh its adverse environmental impacts, including 

secondary impacts and cumulative impacts, and social 

362 
costs imposed as a result of the location, construction 

or modification ; _ 

(C) The owner or operator of the subject source or 

modification shall submit such analysis prior to the 

issuance of any tentative determination on a permit 

application under this section . 

(3) Control Technology Review and Approval . 

(A) An owner or operator of the subject source or 

modification shall submit, for approval in writing : 

(i) a LAER determination for each non-attainment air 

pollutant for which the subject source is a new 

major modification or new major stationary source, 

and 

(ii) a LAER determination for each air pollutant which 

would cause or contribute to a violation of a 

National Ambient Air Quality Standard in an adjacent 

non-attainment area . 

(B) In determining whether to approve LAER, the commissioner 

may take into account any emission limitation, including 

a visible emission limit . The commissioner may disregard 

any emissions test on a pilot plant or prototype 

equipment which does not have reasonable operating 

experience or which may not be generally available for 

industry use ; 

(C) In determining whether to approve LAER, the commissioner 

may take into account an output based emission limitation 

as LAER provided such application of LAER improves the 

overall thermal efficiency of the subject source or 

modification ; 

(D) The owner or operator of the subject source or 

modification shall not be granted a permit under this 

section unless and until the commissioner determines that 

such owner or operator will install air pollution control 

technology which complies with the commissioner's 

approval of LAER for each non-attainment air pollutant ; 

(E) If the owner or operator of the subject source or 

modification has made modifications to the subject source 

or modification and any of these modifications are 

subject to but have not previously been evaluated under 

this subsection, the commissioner shall conduct a LAER 

review under this subsection and require implementation 

of LAER for such modifications ; 
(F) In no event shall the application of LAER result in an 

emission limit or rate of emissions that is less 

stringent or environmentally protective than an emission 

limitation approved by the commissioner as BACT, an 

emission limitation demonstrated or established in any 

State Implementation Plan or any applicable limitation or 

standard under 40 CFR Parts 60, 61, 62 or 63 ; and 

(G) An owner or operator of the subject source or 

modification shall submit, for approval in writing an 

evaluation of secondary impacts or cumulative impacts for 

each non-attainment air pollutant with potential , 

emissions in excess of the amount listed in Table 3a(k)-

lof subsection W . 

(4) Offsetting emission reductions or Emission Reduction Credits . 

(A) Except as provided in subdivision (8)(B) of this 

subsection, prior to commencing operation pursuant to a 

permit issued under this section, the owner or operator 

of the subject source or modification shall : 

(i) reduce actual emissions from other stationary 

sources on such premises, sufficient to-offset the 

allowable emissions increase for each individual 

non-attainment air pollutant which is the subject of 

the application, or 

(ii) obtain certified emission reduction credits in 

accordance with subdivision (5) of this subsection, 

which credits are sufficient to offset the allowable 

emissions increase for each individual nonattainment air pollutant ; and 

(B) The commissioner shall not grant a permit to an owner or 

operator of the subject source or modification unless the 

owner or operator demonstrates that internal offset or 

certified emission reduction credits under subparagraph 

(A) of this subdivision : 

(i) have occurred preceding the submission of such 

application and prior to the date that the subject 

source or modification becomes operational and 

begins to emit any air pollutant . The commissioner 

may consider a-time period beginning no earlier than 

November 15, 1990, 

(ii) are not otherwise required by any of the following : 

the Act ; a federally enforceable permit or order ; 

the State Implementation Plan ; or the regulations or 

statutes in effect when such application is filed, 
(iii) will be incorporated into a permit or order of the 

commissioner and would be federally enforceable, 

(iv) will create a net air quality benefit in conjunction 

with the proposed emissions increase . In 

determining whether such a net air quality benefit 

would be created, the commissioner may consider 

emissions on an hourly, daily, seasonal or annual 

basis . For carbon monoxide or particulate matter 

(total suspended particulate and PMlo), the net air 

quality benefits shall be determined by the use of 

atmospheric modeling procedures approved by the 

commissioner and the Administrator in writing . Upon 

the request of the commissioner, the owner or 

operator shall make and submit to the commissioner, 

a net air quality benefit determination for each air 

pollutant . Such determination shall include, but 

not be limited to, all increases and decreases of 

emissions from stationary sources at any premises 

providing the offsetting emission reductions, 

(v) shall be based on the pounds per hour of potential 

emissions increase from the subject source or 

modification . The commissioner may consider other 

more representative periods, including, but not 

limited to, tons per year or pounds per day, 

(vi) are identified in an emissions inventory maintained 

by the commissioner or otherwise approved in writing 

by the commissioner, 

(vii) are of the same non-attainment air pollutant of 

which the owner or operator proposes to increase . 

Reductions of any exempt volatile organic compound 

listed in Table 1-3 of section 22a-174-1 of the 

Regulations of Connecticut State Agencies or those 

listed in 40 CFR 51 .100 shall not be used to offset 

proposed increases emissions of non-exempt volatile 

organic compounds, 

(viii)occurred at either : one or more stationary sources 

in the same non-attainment area or stationary 

sources in another non-attainment area if, under the 

Act, such area has an equal or higher non-attainment 

classification than the area in which the proposed 

activity would take place, and if emissions from 

such other non-attainment area contribute to a 

violation of a National Ambient Air Quality Standard 

in the non-attainment area in which the proposed 

activity would take place, 
(ix) for the applicable non-attainment air pollutant, 

shall be from reductions in actual emissions, and 

(x) offset actual emissions at a ratio greater than one 

to one, as determined by the commissioner . In 

addition, the owner or operator shall offset 

emission increases of allowable emissions at a 

ratio, for volatile organic compounds or nitrogen 

oxides, of at least : 1 .3 to 1 in any severe nonattainment area for ozone, and 1 .2 to 1 in any 

serious non-attainment area for ozone . 

(5) The owner or operator of the subject source or modification 

shall secure certified emission reduction credits before using them . 

Continuous emission reduction credits shall be secured and retired 

prior to their use . Emission reduction credits shall be : 

(A) Created and used in accordance with 40 CFR 51 ; 

(B) Real, that is, resulting in a reduction of actual 

emissions, net of any consequential increase in actual 

emissions resulting from shifting demand . The emission 

reductions shall be measured, recorded and reported to 

the commissioner ; 

(C) Quantifiable, based on either stack testing approved by 

the commissioner in writing, conducted pursuant to an 

appropriate, reliable, and replicable protocol approved 

by the commissioner, or continuous emissions monitoring 

certified by the commissioner . Such quantification shall 

be in terms of the rate and total mass amount of nonattainment pollutant emission reduction ; 

(D) Surplus, not required by any Connecticut General Statute 

or regulation adopted thereunder, or mandated by the 

State Implementation Plan, and not currently relied upon 

for any attainment plan, any Reasonable Further Progress 

plan or milestone demonstration ; 

(E) Permanent, in that at the source of the emission 

reduction, the emission reduction system shall be in 

place and operating, and an appropriate record keeping 

system is maintained to collect and record the data 

required to verify and quantify such emissions 

reductions ; and 

(F) Enforceable and approved by the commissioner in writing 

after the submission to the commissioner of documents 

satisfactory to the commissioner or incorporated into a 

permit as a restriction on emissions . 

(6) Compliance Requirements . 

366 
(A) The owner or operator of the subject source or 

modification shall demonstrate that all stationary 

sources owned, operated or controlled by the owner, 

operator, applicant, permittee and any parent company or 

subsidiary thereof are in compliance with all 

environmental protection laws or are on a federally 

enforceable schedule for achieving such compliance ; and 

(B) The owner or operator of the subject source or 

modification shall demonstrate that compliance with any 

enforcement orders for stationary sources in Connecticut 

owned, operated or controlled by the owner, operator, 

applicant, or permittee are on the most expeditious 

compliance schedule practicable . ' 

(7) Public Notice . The notice of tentative determination under 

section 22a-6h of the Connecticut General Statutes shall include any 

information concerning the proposal by the owner or operator to 

offset the potential emissions increase from the subject source or 

modification and the commissioner's approval of LAER . 

(8) Notwithstanding any provision of this section : 

(A) No permit shall be granted under this subsection if the 

Administrator has made a final determination that the 

applicable implementation plan is not being implemented 

for the nonattainment area in which the subject source or 

modification is to be located ; and 

(B) Pursuant to section 173(a)(1)(B) of the Act, the owner or 

operator of any new major stationary source or major 

modification which is located in a zone within the nonattainment area, which zone has been identified by the 

Administrator, in consultation with the Secretary of 

Housing and Urban Development, as a zone to which 

economic development should be targeted, shall not be 

required to obtain offsetting emission reductions 

pursuant to this subsection unless the proposed emissions 

would cause or contribute to emissions levels which 

exceed the emissions levels allowed by the State 

Implementation Plan . 

(m) Permit Requirements for Hazardous Air Pollutants subject to the 

provisions of section 112(g) of the Act, as may be amended from 

time to time 

(1) For the purposes of this subsection : 

(A) "Major source of hazardous air pollutants" means any 

stationary source that emits or has the potential to 

367 
emit, ten (10) tons per year or more of any particular 

hazardous air pollutant or twenty-five (25) tons per year 

or more of any combination of hazardous air pollutants ; 

(B) "Hazardous air pollutant" or "HAP" means, notwithstanding 

the definition in section 22a-174-1 of the Regulations of 

Connecticut State Agencies, any air pollutant listed in 

section 112(b) of the Act, excluding hydrogen sulfide and 

caprolactam ; 

(C) "Construct a major source of hazardous air pollutants" 

means to fabricate, erect or install a major source of 

hazardous air pollutants or group of major sources of 

hazardous air pollutants within a contiguous area and 

under common control ; and 

(D) "Reconstruct a major source of hazardous air pollutants" 

means to replace one or more components at a major source 

of hazardous air pollutants, provided that : 

(i) the fixed capital cost of the new component(s) 

exceeds fifty (50%) percent of the fixed capital 

cost of constructing a comparable source, and 

(ii) it is technically and economically feasible for the 

source as determined by the commissioner, if 

reconstructed as proposed, to meet the applicable 

MACT emission limitation under this subsection . 

(2) The owner or operator of the following sources are exempt from 

the requirements of this subsection : 

(A) A major source of hazardous air pollutants subject to the 

MACT standards of 40 CFR 63, provided that such owner or 

operator has met all requirements for preconstruction ' 

review and any other applicable requirements of 40 CFR 

63, Subpart A; 

(B) A major source of hazardous air pollutants de-listed by 

the Administrator pursuant to section 112(c)(9) of the 

Act ; or 

(C) A major source of hazardous air pollutants excluded for 

research and development activities pursuant to 40 CFR 

63 .40(f) . 

(3) An application for a permit to construct, reconstruct, or 

operate a major source of hazardous air pollutants shall include : 

(A) The names of the hazardous air pollutant(s) to be 

emitted, and the estimated emission rate of each such 

pollutant ; 

368 
(B) A proposed determination of MACT, including, but not 

necessarily limited to, specific design, equipment, work 

practice, or operational standard, or a combination 

thereof, that will meet the MACT, technical information 

on the design, operation, size, and estimated control 

efficiency of any proposed emission control equipment . 

The commissioner may require the owner or operator to 

submit the manufacturer's name, address, telephone 

number, and design specifications of such equipment for : 

(i) each single hazardous air pollutant with potential 

emissions of ten (10) tons per year or more, and 

(ii) any combination of hazardous air pollutants with 

potential emissions of twenty-five (25) tons per 

year or more ; 

(C) A description of the subject source including 

identification of any listed source category or 

categories such source is included within under the Act ; 

(D) The owner's or operator's proposed dates for : 

(i) commencement of construction or reconstruction of 

such source ; 

(ii) completion of construction or reconstruction of such 

source, and 

(iii) . start-up of such source ; 

(E) Any federally enforceable emission limitations applicable 

to such source ; 

(F) The proposed maximum utilization capacity of such source, 

and the associated : 

(i) uncontrolled emission rates per year, and 

(ii) controlled emission rates per year ; 

(G) A proposed emission limitation for each hazardous air 

pollutant from such source ; 

(H) Supporting documentation for the proposed determination 

of MACT, such as an identification of alternative control 

technologies and an analysis of the cost, health and 

environmental impacts and energy requirements ; and 

(I) Any other relevant information required pursuant to 40 

CFR 63, Subpart A, or as the commissioner may require . 

369 
(4) No permit will be granted unless the commissioner approves the 

proposed MACT determinations and determines that the owner or 

operator shall : 

(A) Comply with any applicable emission standards or work 

practice standards adopted by the Administrator under 

sections 112(d) or 112(h) of the Act, respectively ; and 

(B) Comply with any applicable determination of the 

commissioner pursuant to section 112(j) of the Act . 

(5) In establishing MACT for any major source of hazardous air 

pollutants, the commissioner shall : 

(A) Consider any relevant emission standard or work practice 

standard proposed by the Administrator under sections 

112(d) or 112(h) of the Act ; 

(B) Consider any presumptive MACT determination adopted by 

the Administrator for the applicable source category 

which includes the source under consideration ; 

(C) Require the limitation or requirements to be no less 

stringent than the emission control which is achieved in 

practice by the best controlled similar source, as 

determined by the commissioner ; and 

(D) Require the maximum degree of reduction in emissions of 

hazardous air pollutants which can be achieved by 

utilizing those control technologies, taking into 

consideration the costs of achieving such emission 

reduction and any health and environmental impacts and 

energy requirements associated with the emission 

reduction . 

(6) The owner or operator of a source subject to this subsection 

and the commissioner shall comply with the provisions of 40 CFR Part 

63 .44 as amended from time to time . 

(7) Any permit issued pursuant to this subsection will require the 

permittee to comply with the applicable emission standard 

promulgated by the Administrator under section 112(d) or 112(h) of 

the Act no later than eight (8) years after such standard is 

promulgated or eight (8) years after the date by which the permittee 

was first required to comply with the emission limitation 

established by such permit, whichever is earlier . 

(8) Notwithstanding subdivisions (5), (6) and (7) of this 

subsection the permittee will not be required to comply with any 

less stringent provisions of an applicable emission standard 

promulgated by the Administrator under section 112(d) or 112(h) of 
the Act if the level of control required by the emission limitation 

established by the permit issued pursuant to this subsection is at 

least as stringent as that required by the applicable emission 

standard promulgated by the Administrator under section 112(d) or 

112(h) of the Act as determined by the commissioner . 

Statement of Purpose of section 22a-1743a: This amendment streamlines the applicability of the 

requirement to obtain an air permit, thereby reducing the administrative burden of having to apply for, 

but not obtain an air permit . This amendment provides the application requirements and standards for 

granting a permit and permit modification in subsections 3a(b) through 3a(m) of this section. This 

amendment increases the threshold for state specific program from 5 tons potential to 15 tons potential 

thereby reducing the burden of having to apply for permits that are not otherwise federally required . ~ 

This amendment also provides for exemptions from new source review under certain specific 

conditions. In addition, this amendment provides the specifications for using secured emission 

reduction credits to offset emission increases which provides industry with flexibility while continuing 

to ensure compliance. In addition, this amendment distinguishes between a major modification and 

the requirement to obtain a permit modification or revision in accordance with subsection 22a-174-2a. 

Subsection (m) has been amended to include federal Clean Air Act requirements ; specifically, 

to incorporate Maximum Achievable Control Technology (MACT) requirements for major stationary 

sources of hazardous air pollutants into new source review permits pursuant to Section 112(g) of the 

Clean Air Act. 

D. Final Wording of Proposed RC.S.A. 22a-174-3b : 

The Regulations of Connecticut State Agencies are amended by adding section 22a-174-3b as follows: 

Section 22a-174-3b . Exemptions from permitting for construction and 

operation of external combustion units, automotive refinishing 

operations, emergency engines, nonmetallic mineral processing 

equipment and surface coating operations . 

(a) Definitions . For the purposes of this section : 

(1) "As applied" means a coating prepared according to a 

manufacturer's mixing instructions, including all components such as 

dilution solvents and reactive constituents, and prepared at the 

time of application to a substrate ; 

(2) "Automobile" means a passenger car, van, motorcycle, truck or 

any other motorized vehicle for transportation ; 

(3) "Automotive refinishing operation" means the processes 

performed to apply a new surface to the pre-existing coat or paint 

on an automobile or automotive component, including but not limited 
to surface preparation, primer application, topcoat application and 

applicator cleaning ; 

(4) "Electrostatic application" means the application of charged 

atomized paint droplets by electrostatic attraction ; 

(5) "Emergency" means "emergency" as defined in section 22a-174-22 

of the Regulations of Connecticut State Agencies ; 

(6) "Emergency engine" means "emergency engine" as defined in 

section 22a-174-22 of the Regulations of Connecticut State Agencies ; 

(7) "Existing stationary source" means a stationary source for 

which a permit to control emissions to the air has been issued by 

the Department ; 

(e) "External combustion unit" means a device that combusts only 

natural gas, propane or fuel oil, which is not a stationary internal 

combustion engine or turbine, and includes, but is not limited to, a 

boiler, heater, drying oven, curing oven or furnace ; 

(9) "Hazardous air pollutant" means, notwithstanding the definition 

in section 22a-174-1 of the Regulations of Connecticut State 

Agencies, any air pollutant listed in Section 112(b) of the Act, 

excluding hydrogen sulfide and caprolactum ; 

(10) "Nonmetallic mineral" means "nonmetallic mineral" as defined in 

40 CFR 60 .671 ; 

(11) "Nonmetallic mineral processing equipment" means any crusher, 

grinding mill, screening operation, bucket elevator, belt conveyer, 

bagging operation, storage bin or other equipment used to crush or 

grind any nonmetallic mineral at a nonmetallic mineral processing 

plant ; 

(12) "Nonmetallic mineral processing plant" means "nonmetallic 

mineral processing plant" as defined in 40 CFR 60 .671 ; 

(13) "Pre-existing coat or paint" means a surface covering or 

coating applied to an automobile or automotive component at an 

automotive manufacturing facility ; 

(14) "Spray booth" means a building, a room within a building or a 

partitioned area within a room housing automatic or manual spray 

application equipment, that is used to apply coatings ; 

(15) "Surface coating operation" means a process used to apply a 

layer of material including spray painting, dip coating, roller 

coating, and electrostatic deposition, but exclusive of printing, 

publishing or packaging operations ; 
(16) "Tune-up" means to perform maintenance and adjust equipment to 

proper or required operating condition ; and - 

(17) "Twelve (12) month rolling aggregate" means the sum of the 

total fuel use, actual emissions, coating use, solvent use or actual 

operating time calculated for each month by adding the current 

month's fuel use, actual emissions, coating use, solvent use or 

actual operating time to those of the previous eleven months . 

(b) Applicability . 

(1) The owner or operator of a stationary source that is an 

external combustion unit, an automotive refinishing operation, a 

nonmetallic mineral processing equipment, an emergency engine or a 

surface coating operation may construct and operate such source 

without obtaining a general permit for such source issued pursuant 

to section 22a-174(1) of the Connecticut General Statutes or a 

permit pursuant to section 22a-174-3a of the Regulations of 

Connecticut State Agencies if : 

(A) The source is an emission unit with potential emissions 

of fifteen (15) tons or more per year of any individual 

air pollutant ; 

(B) The source is not a new major stationary source ; 

(C) The source is not a newly constructed or reconstructed 

major source of hazardous air pollutants subject to the 

requirements of section 22a-174-3a(m) of the Regulations 

of Connecticut State Agencies ; and 

(D) The owner or operator complies with all applicable 

provisions of this section . 

(2) The owner or operator of an existing stationary source that is 

an external combustion unit, an automotive refinishing operation, a 

nonmetallic mineral processing equipment, an emergency engine or a 

surface coating operation may modify such source without obtaining a 

general permit for such source issued pursuant to section 22a-174(1) 

of the Connecticut General Statutes or a permit pursuant to section 

22a-174-3a of the Regulations of Connecticut State Agencies if : 

(A) The source is a 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 ; 

(B) At the time of modification, the source is not authorized 

to operate pursuant to an individual permit issued 

pursuant to section 22a-174-3a or former section 22a-174-

3 of the Regulations of Connecticut State Agencies ; 
(C) The modification is not a major modification to an 

existing major stationary source ; and 

(D) The owner or operator complies with all applicable 

provisions of this section . 

(3) The requirements of this section do not apply to those sources 

operating in compliance with section 22a-174-3c of the Regulations 

of Connecticut State Agencies . 

(c) External combustion unit . 

(1) The owner or operator of an external combustion unit shall properly maintain 

(A) Maximum rated heat input shall not exceed the following 

limitations : 

(i) 50 MMBtu/hr for sources burning gaseous fuels, 

(ii) 25 MMBtu/hr for sources burning distillate fuel oil, 

and 

(iii) 15 MMBtu/hr for sources burning residual fuel oil ; 

(B) Fuel use shall not exceed the following limitations : 

(i) natural gas usage shall not exceed 214 million cubic 

feet in any twelve (12) month rolling aggregate, 

(ii) propane usage shall not exceed 1 .57 million gallons 

in~any twelve (12) month rolling aggregate, 

(iii)distillate fuel oil usage shall not exceed 704,000 

gallons in any twelve (12) month rolling aggregate, 

(iv) residual fuel oil usage shall not exceed 191,000 

gallons in any twelve (12) month rolling aggregate, 

and 

(v) use of any combination of the fuels listed in 

subparagraphs (B)(i) through (B)(iv) of this 

subdivision shall not result in emissions of any 

individual air pollutant .greater than fifteen (15) 

tons per year in any twelve (12) month rolling 

aggregate ; 

(C) Fuel content shall be as follows : 

(i) any residual fuel oil used shall contain 0 .5%, or 

less, sulfur by weight, dry basis, and 
(ii) no fuel oil used shall be blended with waste oil or 

solvent ; - . 

(D) The height of any stack associated with the unit shall be 

the greater of : 

(i) ten (10) meters, or 

(ii) the lesser of 1 .3 times the building height or 

maximum building width ; and 

(E) A tune-up of the external combustion unit shall be 

performed on an annual basis . 

(2) The owner or operator of an external combustion unit shall 

maintain records of the information necessary for the commissioner 

to determine compliance with the requirements of subdivision (1) of 

this subsection . Information sufficient to make such determinations 

may include the information specified in subdivision (3) of this 

subsection . All records made to determine compliance with the 

requirements of this section shall be : 

(A) Made available to the commissioner to inspect and copy 

upon request ; and 

(B) Maintained for five (5) years from the date such record 

is created . 

(3) The owner or operator of an external combustion unit may make 

and maintain records of the following information, as applicable : 

(A) Records of the fuel type and quantity used, in gallons or 

million cubic feet, for each month and each twelve (12) 

month rolling aggregate ; 

(B) If the fuel used is residual oil, records of the sulfur 

content for each nongaseous fuel shipment received ; 

(C) If multiple fuels are used, records of the quantity in 

tons of each criteria pollutant emitted for each month 

and each twelve (12) month rolling ; and 

(C) The date each annual tune-up is performed . 

(d) Automotive refinishing operation . 

(1) The owner or operator of an automotive refinishing operation 

shall properly maintain equipment and perform such operation in 

accordance with the following requirements : 
(A) The total amount of VOC-containing .coatings or solvents 

used shall not exceed 2,000 gallons in any twelve (12) 

month rolling aggregate ; 

(B) Any paint or coating shall be applied by one of the 

following means : 

(i) high volume low pressure spray equipment, 

(ii) electrostatic application equipment, or 

(iii) any other application method that has a 

manufacturer's guaranteed transfer efficiency of at 

least sixty-five percent (65%) ; 

(C) Any application equipment used shall be cleaned using one 

of the following means : 

(i) in a device that remains closed at all times when 

not in use, 

(ii) in a system that discharges unatomized cleaning 

solvent into a waste container that remains closed 

when not in use, 

(iii)in a vat that allows for disassembly and cleaning of 

application equipment and that is kept closed when 

not in use, or ' 

(iv) in a system that atomizes spray into a paint waste 

container that is fitted with a device designed to 

capture atomized solvent emissions ; 

(D) Spray operations shall be performed in an enclosed area ; 

and 

(E) If a -spray booth is used, such booth shall contain 

particulate control equipment that is operated and 

maintained in good working condition at all times the 

booth is in use . 

(2) The owner or operator of an automotive refinishing operation 

shall maintain records of the information necessary for the 

commissioner to determine compliance with the requirements of 

subdivision (1) of this subsection . Information sufficient to make 

such determinations may include the information specified in 

subdivision (3) of this subsection . All records made to determine 

compliance with the requirements of this section shall be : 

(A) Made available to the commissioner to inspect and copy 

upon request ; and 
(B) Maintained for five (5) years from the date such record 

is created . - 

(3) The owner or operator of an automotive refinishing operation 

may make and maintain records of the following information : 

(A) Records of the amount of coating and solvent used, in 

gallons, for each month and each twelve (12) month 

rolling aggregate ; and 

(B) If a paint or coating is applied by other than the 

methods specified in subsection (c)(3)(B)(i) or, 

(c)(3)(B)(ii), a record of the manufacturer's guaranteed 

transfer efficiency . 

(e) Emergency engine . 

(1) The owner or operator of an emergency engine shall properly 

maintain equipment and operate such engine in accordance with this 

subsection . 

(2) No owner or operator of an emergency engine shall cause or 

allow such engine to operate except during periods of testing and 

scheduled maintenance or during an emergency and unless the 

following conditions are met : 

(A) Operation of such engine shall not exceed 500 hours 

during any twelve (12) month rolling aggregate ; and, 

(B) Any nongaseous fuel consumed by such engine shall not 

exceed a sulfur content of 0 .3% by weight, dry basis . 

(3) The owner or operator of an emergency engine shall maintain 

records of the information necessary for the commissioner to 

determine compliance with the requirements of subdivision (2) of 

this subsection . Information sufficient to make such determinations 

may include the information specified in subdivision (4) of this 

subsection . All records made to determine compliance with the 

requirements of this section shall be : 

(A) Made available to the commissioner to inspect and copy 

upon request ; and 

(B) Maintained for five (5) years from the date such record 

is created . 

(4) The owner or operator of an emergency engine may make and 

maintain records of the hours of operation for each month and each 

twelve (12) month rolling aggregate . 

(f) Nonmetallic mineral processing equipment . 

377 
(1) The owner or operator of nonmetallic mineral processing 

equipment shall properly maintain and operate such equipment and the 

engine powering it in accordance with the following conditions : 

(A) An internal combustion engine greater than or equal to 

600 horsepower, that powers nonmetallic mineral 

processing equipment, shall not exceed 67,400 gallons of 

fuel oil usage in any twelve (12) month rolling 

aggregate ; 

(B) An internal combustion engine less than 600 horsepower, 

that powers nonmetallic mineral processing equipment, 

shall not exceed 48,900 gallons fuel oil usage in any 

twelve (12) month rolling aggregate ; and 

(C) Any nongaseous fuel consumed by engines powering 

nonmetallic mineral processing equipment shall not exceed 

a sulfur content of 0 .05% by weight, dry basis . 

(2) The owner or operator of nonmetallic mineral processing 

equipment shall maintain records of the information necessary for 

the commissioner to determine compliance with the requirements of 

subdivision (1) of this subsection . Information sufficient to make 

such determinations may include the information specified in 

subdivision (3) of this subsection . All records made to determine 

compliance with the requirements of this section shall be : 

(A) Made available to the commissioner to inspect and copy 

upon request ; and 

(B) Maintained for five (5) years from the date such record 

is created . 

(3) The owner or operator of nonmetallic mineral processing 

equipment may make and maintain records of the following 

information : 

(A) Records of the quantity of fuel used, in gallons, for 

each month and each twelve (12) month rolling aggregate ; 

and 

(B) For each nongaseous fuel shipment received, records of 

the sulfur content as a percent by weight, dry basis, and 

type of fuel . 

(g) Surface coating operation . 

(1) The owner or operator of a surface coating operation shall 

properly maintain equipment and conduct such coating operations only 

in accordance with the following limitations on VOCs, hazardous air 

pollutants and particulate matter : 

378 
(A) The VOC content of any coating used shall not exceed 6 .3 

pounds per gallon, as applied ; 

(B) The hazardous air pollutant content of any coating used 

shall not exceed 6 .3 pounds per gallon, as applied ; 

(C) Coating and solvent usage, including diluents and cleanup 

solvents but excluding water, shall not, in any twelve 

(12) month rolling aggregate, exceed 3,000 gallons ; and 

(D) Any electrostatic dry powder coating operation or plasma 

spray operation shall be operated only with particulate 

control equipment that meets the following requirements : 

(i) includes a minimum collection efficiency of 90%, and 

(ii) is operated and maintained in good working 

condition . 

(2) The owner or operator of a surface coating operation shall 

maintain records of the information necessary for the commissioner 

to determine compliance with the requirements of subdivision (1) of 

this subsection . Information sufficient to make such determinations 

may include the information specified in subdivision (3) of this 

subsection . All records made to determine compliance with the 

requirements of this section shall be : 

(A) Made available to the commissioner to inspect and copy 

upon request ; and 

(B) Maintained for five (5) years from the date such record 

is created . 

(3) The owner or operator of a surface coating operation may make 

and maintain records of the following information : 

(A) Records of the type and quantity of coating and solvent 

used, in gallons, for each month and each twelve (12) 

month rolling aggregate ; 

(B) Records of the hazardous air pollutant and VOC content 

per gallon of each coating and solvent used, as applied; 

and 

(C) If the surface coating operation includes an 

electrostatic dry powder coating operation or a plasma 

spray operation, a record of the manufacturer's 

specifications for particulate control efficiency . 

(h) Fuel sulfur content . Any of the records listed in 

subdivisions (1), (2) and (3) of this subsection are sufficient 

379 
to demonstrate the sulfur content of fuel used as required by 

subsections (c), (e) and (f) of this section :- 

(1) A fuel certification for a delivery of nongaseous fuel from a 

bulk petroleum provider ; 

(2) A sales receipt for the sale of motor vehicle diesel fuel from 

a retail location ; or 

(3) A copy of a current contract with the fuel supplier supplying 

the fuel used by the equipment that includes the applicable sulfur 

content of nongaseous fuel as a condition of each shipment . . 

(i) Reporting . 

(1) The owner or operator of any source required to make and 

maintain records pursuant to this section shall provide any such 

records, or a copy thereof, to the commissioner upon request and 

shall make such records available to the commissioner to inspect at 

the location maintained . 

(2) Any record requested pursuant to subdivision (1) of this 

subsection shall be submitted with a certification in accordance 

with section 22a-174-2a(a) of the Regulations of Connecticut State 

Agencies . 

(j) . Applicable law . Nothing in this section shall relieve an owner or operator 

(1) The requirements of 40 CFR 63, Subpart B as implemented 

in section 22a-174-3a(m) of the Regulations of Connecticut 

State Agencies ; and 

(2) Any other applicable federal, state or local law . 

(k) Application for individual permits . 

(1) Nothing in this section shall preclude the commissioner from 

requiring an owner or operator to obtain an individual permit 

pursuant to section 22a-174-3a of the Regulations of Connecticut 

State Agencies . 

(2) Nothing in this section shall preclude an owner or operator 

from applying for an individual permit pursuant to section 22a-174-

3a of the Regulations of Connecticut State Agencies, if applicable . 

(3) An owner or operator who has filed an application for an 

individual permit pursuant to subdivision (1) of this subsection 

shall comply with the requirements of this section while such 

application is pending . 
Statement of Purpose for Section 22a-1743b: This section establishes emissions limitations, 

operating practices, and recordkeeping requirements for certain categories of stationary sources of air 

pollution to restrict emissions to levels that are not significant contributions to air pollution ; and 

exempts such sources from the permitting process by removing owners and operators from the duty to 

apply for and obtain individual operating permits. 

E. Final Wording of Proposed RC.S.A. 22a-174-3c: 

The Regulations of Connecticut State Agencies are amended by adding section 22a-174-3c as follows : 

Section 22a-174-3c . Limitations on potential to emit for external 

combustion units, emergency engines, automotive refinishing 

operations, nonmetallic mineral processing equipment and surface 

coating operations . 

(a) Limitations on potential to emit . 

(1) Notwithstanding the definition of "potential emissions" or 

"potential to emit" in section 22a-174-1 of the Regulations of 

Connecticut State Agencies, the potential emissions or potential to 

emit of any individual air pollutant for a stationary source 

identified in subdivision (2) of this subsection is less than 

fifteen tons per year, unless otherwise determined by a permit or 

order of the commissioner, if the owner or operator operates the 

source to comply with all applicable requirements of subsections (b) 

and (c) of this section . 

(2) The owner or operator of any new or existing stationary source 

that is an external combustion unit, an automotive refinishing 

operation, a nonmetallic mineral processing equipment, an emergency 

engine or a surface coating operation may limit potential emissions 

pursuant to subdivision (1) of this subsection . 

(b) Operating requirements . 

(1) The owner or operator of an external combustion unit using 

gaseous fuel and operating to limit potential emissions in 

accordance with this section shall : 

(A) Limit gaseous fuel purchase for the premises to equal to 

or less than 100 million cubic feet in any calendar year ; 

and 

(B) Maintain a maximum rated heat input less than 50 

mmBTU/hr . 
(2) The owner or operator of an external combustion unit using 

distillate fuel and operating to limit potential emissions in 

accordance with this section shall : 

(A) Limit distillate fuel oil purchase for the premises to 

equal to or less than 328,000 gallons in any calendar 

year ; and 

(B) Maintain a maximum rated heat input less than 25 

mmBTU/hr . 

(3) The owner or operator of an external combustion unit using 

residual fuel and operating to limit potential emissions in 

accordance with this section shall : 

(A) Limit residual fuel oil purchase for the premises to 

equal to or less than 89,000 gallons in any calendar 

year ; and 

(B) Maintain a maximum rated heat input for the external 

combustion unit of less than 15 mmBTU/hr . 

(4) The owner or operator of an external combustion unit using 

propane and operating to limit potential emissions in accordance 

with this section shall : 

(A) Limit propane purchase for the premises to equal to or 

less than 736,000 gallons in any calendar year ; and 

(B)Maintain a maximum rated heat input less than 50 mmBTU/hr . 

(5) The owner or operator of an emergency engine using gaseous fuel 

and operating to limit potential emissions in accordance with this 

section shall limit gaseous fuel purchase for the premises to equal 

to or less than 41 million cubic feet in any calendar year . 

(6) The owner or operator of an emergency engine using distillate 

fuel and operating to limit potential emissions in accordance with 

this section shall limit distillate fuel oil purchase for the 

premises to equal to or less than 21,000 gallons in any calendar 

year . 

(7) The owner or operator of an emergency engine using propane and 

operating to limit potential emissions in accordance with this 

section shall limit propane purchase for the premises to equal to or 

less than 100,000 gallons in any calendar year ; 

(8) The owner or operator of an automotive refinishing operation 

operating to limit potential emissions in accordance with this 

section shall limit VOC containing coating or solvent purchase for 

the premises to equal to or less than 1,000 gallons in any calendar 

year . 

382 
(9) The owner or operator of a nonmetallic mineral processing 

equipment operating to limit potential emissions in accordance with 

this section shall limit fuel oil purchase for the premises to equal 

to or less than 22,000 gallons in any calendar year . 

(10) The owner or operator of a surface coating operation operating 

to limit potential emissions in accordance with this section shall 

limit purchase for the premises of VOC containing coatings, 

including diluents and cleanup solvents but excluding water, to 

equal to or less than 1 ;500 gallons in any calendar year . 

(c) Records . 

(1) The owner or operator of any source that is operating to comply 

with the requirements of subsection (b) of this section shall, 

maintain purchase records to demonstrate compliance with appicable 

fuel, coating and solvent limitations . 

(2) The owner or operator of any source shall make purchase records 

maintained pursuant to subdivision (1) of this subsection available 

to the commissioner to inspect and copy upon request . 

(3) The owner or operator of any source maintaining purchase 

records pursuant to subdivision (1)'of this subsection shall 

maintain such records for five (5) years from the date such records 

are created . 

(d) Applicable law . Nothing in this section shall relieve an 

owner or operator from any obligation to comply with : 

(1) The requirements of 40 CFR 63, Subpart B as implemented 

in section 22a-174-3a(m) of the Regulations of Connecticut 

State Agencies ; and 

(2) Any other applicable federal, state or local law . 

(e) Individual application . 

(1) Nothing in this section shall preclude the commissioner from 

requiring an owner or operator to obtain an individual permit 

pursuant to section 22a-174-3a of the Regulations of Connecticut 

State Agencies . 

(2) An owner or operator who has filed an application for an 

individual permit pursuant to subdivision (1) of this subsection 

shall comply with the requirements of this section while such 

application is pending . 

Statement of Purpose: This section establishes limitations on fuel purchase and use and coating and solvent 

use for certain categories of stationary sources of air pollution to restrict emissions to levels that do not 

contribute significantly to air pollution. An owner or operator of a source operating in compliance with this 

383 
section does not need to obtain an individual operating permit or operate the source to comply with the 

requirements of section 22a-174-3b of the Regulations of Connecticut State Agencies . 

F. Final Wording of Proposed R.C.S.A. 22a-174-33 : 

Section 5 . 

Section 22a-174-33 of the Regulations of Connecticut State Agencies 

is being amended as follows : 

Sec . 22a-174-33 . Title V Sources . 

(a) Definitions . For the purposes of this section : 

[(1) "Act" means the Clean Air Act, as amended in 1990, 42 U .S .C . 

7401 et seq . 

(2) "Administrator" means the Administrator of the United States 

Environmental Protection Agency or his designee .] 

[(3) "Affected states" means the States of Massachusetts, New York, 

and Rhode Island and any other State located within fifty (50) miles 

of a Title V source .] 

[(4)] (1) "Alternative operating scenario" means a condition, 

including equipment configurations, process parameters, or materials 

used in a process under which the owner or operator of a Title V 

source may be allowed to operate . 

[(5)] (2) "Applicable requirements" means : 

(A) [any] ANY standard or other requirement in the State 

implementation plan or in a federal implementation plan 

for the State of Connecticut promulgated by the 

Administrator pursuant to the Act ; 

(B) [any] _ANY term or condition of a permit [to construct] 

issued pursuant to FORMER section 22a-174-3 OR SECTION 

22a-174-3a of the Regulations of Connecticut State 

Agencies ; 

(C) [any] ANY standard or other requirement of the acid rain 

program pursuant to 40 CFR Parts 72 through 78, 

inclusive ; and 

(D) [any] _ANY standard or other requirement pursuant to 40 

CFR [Part] 51, 52 , 59, 60, 61, 62, 63, 64, 68, [or] 70_, 

OR 82 . 
[(6)](3) "Code of Federal Regulations" or "CFR" means the Code of 

Federal Regulations [revised as of September 16, 1994, unless 

otherwise specified] AS AMENDED FROM TIME TO TIME . 

[(7) "Emissions unit" means any part or activity of a stationary 

source which part or activity emits or has the potential to emit any 

regulated air pollutant or any hazardous air pollutant .] 

(4) -DEVIATION" HAS THE SAME MEANING AS IN 40 CFR 

71 .6 (a) (3) (iii) (C) . 

[(8)](5) "Hazardous air pollutant" means, notwithstanding the 

definition in section 22a-174-1 of the Regulations of Connecticut 

State Agencies, any air pollutant listed in section 112(b) of the 

Act [except] EXCLUDING hydrogen sulfide AND CAPROLACTAM . 

[(9)](6) "Implementation date of this section" means APRIL 23, 1997 . 

[the earlier of : 

(A) June 1, 1997 ; or 

(B) the date of interim or final approval of this section by 

the Administrator pursuant to 40 CFR Part 70 .4 .] 

[(10) "Maximum achievable control technology" or "MACT" means a 

method of achieving an emission limitation or reduction in emissions 

of hazardous air pollutants determined by the commissioner pursuant 

to subsection (e) of this section or by the Administrator pursuant 

to 40. CFR Part 63 .] 

[(11) "Monitoring" means any particular procedures required to 

determine emissions or compliance with parameters in accordance with 

applicable requirements or any particular procedures necessary to 

determine whether applicable requirements are being met .] 

[(12)](7) "Regulated air pollutant" means any of the following : 

(A) [nitrogen] NITROGEN oxides or any volatile organic 

compound ; 

(B) [any] ANY pollutant which is a criteria air pollutant AS 

DEFINED IN SECTION 22a-174-1 OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES ; 

(C) [any] ANY pollutant [from] EMITTED BY a stationary source 

which is subject to any standard of performance for new 

stationary sources pursuant to 40 CFR [Part] 60 ; 

(D) [any] ANY pollutant from a substance subject to a 

stratospheric ozone protection requirement pursuant to 40 

CFR [Part] 82, Subpart A, Appendix A or B ; 
(E) [any] ANY pollutant subject to a national emission 

standard or other requirement under 40 CFR [Part] 63,and 

emitted by a source in a category listed in THE Federal 

Register [Vol . 58 No . 231, December 3, 1993] IN 

ACCORDANCE WITH SECTION 112(e)(3) OF THE ACT ; 

(F) [any] ANY pollutant from a stationary source which is 

subject to any standard or other requirement pursuant to 

40 CFR 61 ; or 

(G) [any] ANY pollutant listed in 40 CFR [Part] 68 . 

(8) "RESEARCH AND DEVELOPMENT OPERATION" MEANS ANY ACTIVITY WHICH : 

(A) OCCURS IN A LABORATORY ; 

(B) IS INTENDED TO (i) DISCOVER SCIENTIFIC FACTS, PRINCIPLES 

OR SUBSTANCES, OR (ii) ESTABLISH METHODS OF MANUFACTURE 

OR DESIGN OF SALEABLE SUBSTANCES, DEVICES OR OTHER 

PRODUCTS, BASED UPON PREVIOUSLY DISCOVERED SCIENTIFIC 

FACTS, PRINCIPLES OR SUBSTANCES ; AND 

(C) DOES NOT INCLUDE (i) PRODUCTION FOR SALE OF ESTABLISHED 

PRODUCTS THROUGH ESTABLISHED PROCESSES, OR (ii) 

PRODUCTION OF A PRODUCT FOR DISTRIBUTION THROUGH MARKET 

TESTING CHANNELS . 

[(13) "Throughput" means the rate of production by volume or 

weight, in a manufacturing process, for which the combined ' 

quantities of all materials introduced, excluding air and water, are 

used to determine such rate .] 

[(14)](9) "Title V permit" means any permit issued, renewed, or 

modified by the commissioner pursuant to this section . 

[(15)](10) "Title V source" means any [premise] PREMISES AT, IN, OR 

ON which [includes] any of the following IS LOCATED : 

(A) [any] ANY stationary source subject to 40 CFR [Part] 60 

or 61 ; 

(B) [any] ANY stationary source subject to 40 CFR [Part] 

62, 63 OR 68 ; 

(C) [any] ANY stationary source subject to 40 CFR 

[Parts] 72 through 78, inclusive ; 

(D) [any] ANY stationary source subject to section 129(e) of 

the Act ; 

(E) [any] ANY one or more stationary sources, which are 

located on one or more contiguous or adjacent properties 

386 
under (common] THE control of the same person or persons 

and which IN THE AGGREGATE emit, or have the potential to 

emit, including fugitive emissions (to the extent 

quantifiable, in the aggregate), ten (10) tons or more 

per year of any hazardous air pollutant, twenty-five 

(25) tons or more per year of any combination of 

hazardous air pollutants[, or the quantity established by 

the Administrator pursuant to 40 CFR Part 63] ; or 

(F) (any] ANY one or more stationary sources, which are 

located on one or more contiguous or adjacent properties 

under [common] 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, including fugitive emissions_, from 

those categories of sources listed in (2)(i) through 

(xxvii) in the definition of "major source" in 40 CFR 

[Part] 70 .2, OF : 

(i) one hundred (100) tons or more per year of any 

regulated air pollutant[ ;], 

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

compounds or nitrogen oxides in a serious ozone 

[nonattainment] NON-ATTAINMENT area[ ;], or 

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

organic compounds or nitrogen oxides in a severe 

ozone [nonattainment] NON-ATTAINMENT area[ .] ; 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 22a207(23) OF THE CONNECTICUT 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 . 

(b) Signatory Responsibilities . 

[(1)] An application for a Title V permit, any form, report, 

compliance [certificate] CERTIFICATION or other document required by 

a Title V permit, and any other information submitted by an 

[applicant] OWNER OR OPERATOR or a permittee pursuant to this 

section shall be signed [by the following individual :] IN ACCORDANCE 

WITH SECTION 22a-174-2a(a) OF THE REGULATIONS OF CONNECTICUT STATE 

AGENCIES . 
[(A) For a corporation : A president, secretary, treasurer, or 

vice-president of the corporation in charge of a 

principal business function, or any other person who 

performs similar policy or decision-making functions for 

the corporation, or the duly authorized representative 

responsible for overall operation of one or more 

manufacturing, production, or operating facilities 

subject to this section provided ; 

(i) the operating facilities subject to this section 

employ more than 250 persons or have gross annual 

sales or expenditures exceeding twenty-five million 

dollars (in second quarter 1980 dollars) ; or 

(ii) the authority to sign documents has been assigned or 

delegated to such representative in accordance with 

corporate procedures 

(B) For.a partnership or sole proprietorship : a general 

partner or the proprietor, respectively ; or 

(C) For a municipality, State, Federal, or other public 

agency : either a principal executive officer or ranking 

elected official . For purposes of this section, a 

principal executive officer of a Federal agency includes 

the chief executive officer having responsibility for the 

overall operations of a principal geographic unit of the 

agency . 

(2) A duly authorized representative under subparagraph (A)(i) or 

(ii) of subdivision (1) of this subsection may be either a named 

individual or any individual occupying a named position . Such named 

individual or individual occupying a named position is a duly 

authorized representative only if : 

(A) his or her authorization has been given in writing 

by an individual as prescribed in subparagraph 

(A)(ii) of subdivision (1) of this subsection ; 

(B) such authorization specifically authorizes either ; 

(i) an individual or a position having responsibility 

for the overall operation of the premise or 

activity, such as the position of plant manager, 

superintendent, or position of equivalent 

responsibility, or 

(ii) an individual or position having overall 

responsibility for environmental matters for the 

company ; and 
(C) such written authorization is submitted to the 

commissioner and has been approved-in writing by the 

commissioner in advance of such delegation . Such 

approval does not constitute approval of corporate 

procedures . 

(3) If an authorization under subdivision (2) of this subsection 

is no longer effective because a different individual or position 

has assumed the applicable responsibility, a new authorization 

satisfying the requirements of such subdivision shall be submitted 

to the commissioner prior to or together with the submission of any 

applications, reports, forms, compliance certifications, documents 

or other information which is, pursuant to subdivision (1) of this 

subsection, signed by an individual or a duly authorized 

representative of such individual . 

(4) Any individual signing any document pursuant to subdivision (1) 

of this subsection shall also sign the certification provided in 

section 22a-3a_-5(a)(2) of the Regulations of Connecticut State 

Agencies . 

(5) The owner or operator of a Title V source shall comply with the 

applicable provisions of 40 CFR Parts 72 through 78, inclusive . If 

such provisions conflict with this subsection of this section, the 

provisions and requirements of 40 CFR Part 72 through 78, inclusive, 

shall apply .) 

(c) Applicability . 

(1) The provisions of this section shall apply to THE OWNER OR 

OPERATOR OF every Title V source . 

(2) Notwithstanding subdivision (1) of this subsection AND EXCEPT AS 

PROVIDED IN SUBDIVISION (3) OF THIS SUBSECTION, this section shall 

not apply to any [premise] PREMISES which is defined as a Title V 

source solely because a stationary source on such [premise] PREMISES 

is subject to one or more of the following : 

(A) [standard] _STANDARD of performance for new 

residential wood heaters pursuant to 40 CFR [Part] 

60, Subpart AAA; 

(B) 40 CFR [Part 61, Subpart M, section) 61 .145 ; 

(C) [accidental] ACCIDENTAL release requirements pursuant to 

40 CFR [Part] 68 ; 

(D) [40 CFR Part 61 Subpart I ; or 

(E) ] 40 CFR [Part] 60, 61, 63 [, ] OR 68 [or 72] , if such source 

is exempt [by the terms of such part or is exempted by 
the Administrator] OR DEFERRED from the requirement [of 

obtaining] TO OBTAIN a Title V permit[ .] : 

(i) BY THE TERMS OF THE APPLICABLE CFR, 

(ii) BY THE TERMS OF 40 CFR 70, 

(iii) BY THE ADMINISTRATOR, OR 

(iv) WITH THE ADMINISTRATORES AUTHORIZATION, BY THE 

COMMISSIONER ; 

[(3) If a premise is subject to this section, any stationary source 

subject to 40 CFR Part 61 Subpart I located at such premise shall, 

notwithstanding subparagraph (2)(D) of this subsection, also be 

subject to this section .] 

[(4)] (3) Notwithstanding the definition of a Title V source SET 

FORTH IN SUBSECTION (a) OF THIS SECTION, for the purpose of 

determining whether this section applies to a [premise] PREMISES at 

which research and development operations are located, the owner or 

operator of such [premise] PREMISES may calculate the emissions from 

such [premise] PREMISES by subtracting the emissions from such 

research and development operations from the total emissions [from] 

OF such [premise] PREMISES . (Such premise] THE EMISSIONS FROM THE 

REMAINDER OF SUCH PREMISES and research and development operations 

shall be separately evaluated BY THE COMMISSIONER for purposes of 

determining whether (a] Title V (permit is] PERMITS ARE required FOR 

EACH PORTION OF SUCH PREMISES . [For the purposes of this subsection, 

a research and development operation means any activity which : 

(A) occurs in a laboratory ; 

(B) involves (i) the discovery of scientific facts, 

principles, reactions or substances, or (ii) the 

structuring or establishment of methods of manufacture or 

of specific designs of saleable substances, devices or 

procedures, based upon previously discovered scientific 

facts, principles, reaction or substances ; and 

(C) does not include (i) production for sale of established 

products through established processes, or (ii) 

production of a product for distribution through market 

testing channels . ] 

(4) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR OF ANY TITLE V SOURCE THAT IS SUBJECT TO A TITLE V 

GENERAL PERMIT ISSUED UNDER THIS SECTION HAS NOT COMPLIED WITH SUCH 

GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE A VIOLATION OF THIS 

SECTION AND SUCH OWNER OR OPERATOR SHALL BE DEEMED TO HAVE BEEN 

OPERATING A TITLE V SOURCE WITHOUT A TITLE V PERMIT . 
(5) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR OF ANY TITLE V SOURCE THAT IS SUBJECT TO A TITLE V 

GENERAL PERMIT ISSUED UNDER THIS SECTION HAS NOT QUALIFIED FOR 

APPLICABILITY UNDER SUCH GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE 

A VIOLATION OF THIS SECTION AND SUCH OWNER OR OPERATOR SHALL BE 

DEEMED TO HAVE BEEN OPERATING A TITLE V SOURCE WITHOUT A TITLE V 

PERMIT . 

(d) Limitations on Potential to Emit . 

(1) In lieu of requiring an owner or operator of a [premise] TITLE 

V SOURCE described in [subdivision (a)(15)] 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 

from such [premise] PREMISES to less than the following amounts : 

(A) [one] _ONE hundred (100) tons per year of any regulated 

air pollutant ; 

(B) [fifty] _FIFTY (50) tons per year of volatile organic 

compounds or nitrogen oxides, in a serious ozone 

nonattainment area ; 

(C) [twenty-five] _TWENTY-FIVE (25) tons per year of volatile 

organic compounds or nitrogen oxides, in a severe ozone 

nonattainment area ; and 

(D) [in the aggregate, ten] _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 under 40 CFR 

Part 63 . 

(2) [The] _A permit or order ISSUED PURSUANT TO THIS SUBSECTION shall 

require the owner or operator of [a] THE subject [premise] PREMISES 

to : 

(A) [limit] _LIMIT potential emissions at such [premise] 

PREMISES to less than the amounts specified in [the] 

subparagraphs (A) through (D), inclusive, of subdivision 

[(d)](i) of this subsection ; 

(B) [conduct] _CONDUCT monitoring, recordkeeping, or a 

combination of monitoring and recordkeeping sufficient to 

ensure compliance with [this subsection] SUCH PERMIT ; 

(C) [for each emission unit at such premise, maintain records 

indicating, for every month, throughput, hours of 

operation, and capacity ; 

(D)] [maintain any record] MAINTAIN ALL RECORDS required by 

such permit or order at the [premise] PREMISES for five 

391 
(5) years after the creation of such [record] RECORDS and 

make such [record] RECORDS available, upon request, to 

the commissioner ; 

[(E)J(D) [submit] _SUBMIT compliance certifications to the 

commissioner pursuant to subdivision (q)(2) of this 

section; AND 

[(F)I(E) [comply] _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 [to be] allowed are 

quantified[ ;] . 

(3) A permit or order shall not be issued pursuant to this 

subsection, and any such permit or order shall not be federally 

enforceable, unless the commissioner : 

(A) [requires] _REQUIRES the owner or operator of a subject 

[premise] PREMISES to comply with each provision of 

subdivision (2) of this subsection ; 

(B) [for] _FOR a general permit, complies with the 

requirements for notice and opportunity for public 

comment pursuant to section 22a-174(1)(2) of the [general 

statutes] CONNECTICUT GENERAL STATUTES ; 

(C) [for] _FOR an individual order, sends a copy of a notice 

to those listed in subparagraph (D)(i) through (vi), 

inclusive, of this subdivision, and, at least thirty (30) 

days before approving or denying a [draft] PROPOSED order 

under this subsection, publishes or causes to be 

published, at the respondent's expense, once in a 

newspaper having substantial circulation in the affected 

area, such notice of [his] THE [draft] PROPOSED order 

regarding the subject [premise] PREMISES . IN ADDITION, 

THE COMMISSIONER MAY REQUIRE THE OWNER OR OPERATOR TO 

PUBLISH SUCH NOTICE IN OTHER MEDIA AND IN LANGUAGES OTHER 

THAN ENGLISH_ Such notice shall contain the following : 

(i) the name and mailing address of the owner or 

operator of the subject [premise] PREMISES and the 

address of the location of the proposed activity[ ;], 

(ii) the draft order number[ ;], 

(iii) the summary of the draft order provisions regarding 

the proposed activity[ ;], 
(iv) the type of authorization sought, including a 

reference to the applicable statute or 

regulation[ ;], 

(v) a description of the location of the proposed 

activity and any natural resources affected 

thereby[ ;], 

(vi) the name, address and telephone number of any agent 

of the [respondent] OWNER OR OPERATOR from whom 

interested persons may obtain copies of the draft 

order[ ;], 

(vii) a brief description of all opportunities for public 

participation provided by statute or regulation, 

including the length of time available for 

submission of public comments to the commissioner on 

the draft order[ ;], and 

(viii) such additional information as the commissioner 

deems necessary to comply with any provision of the 

Regulations of Connecticut State Agencies or with 

the Act[ .] ; 

(D) [for an individual] _FOR A TENTATIVE DETERMINATION 

REGARDING A permit APPLICATION UNDER THIS SUBSECTION, 

OTHER THAN A GENERAL PERMIT, sends a copy of the notice 

required by section 22a-6h of the [general statutes] 

CONNECTICUT GENERAL STATUTES to[ :] THOSE IDENTIFIED IN, 

AND AS REQUIRED BY, SECTION 22a-174-2a(b)(5)(A) THROUGH 

(G) INCLUSIVE, OF THE REGULATIONS OF CONNECTICUT STATE 

AGENCIES . 

[(i) the Administrator ; 

(ii) the Chief Executive Officer of the municipality 

where the premise is or will be located ; 

(iii) the appropriate Connecticut Regional Planning 

Agency ; 

(iv) any federally-recognized Indian governing body whose 

lands may be affected by emissions from the premise 

which is the subject of such permit ; 

(v) the Director of the air pollution control program in 

any affected state ; and 

(vi) any individual who makes a request to the 

commissioner, in writing, to receive such a notice . 
(E) 

(B), (C) or (D) of this 

shall contemporaneously 

determination, or draft 

the Director of the air 

affected state .] 

In addition to any notice in accordance with subparagraph 

subdivision, the commissioner 

send a copy of the tentative 

order, to the Administrator and 

pollution control program in any 

(4) Following receipt of a request for a public hearing pursuant to 

[subdivision (d)(3) this subsection] SECTION 22a-174-2a(c)(6) OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES, THE COMMISSIONER SHALL 

PUBLISH a notice of such public hearing [shall be published] AT THE 

OWNER OR OPERATORDS EXPENSE in a newspaper of general circulation in 

the affected area at least thirty (30) days prior to such hearing . 

IN ADDITION, THE COMMISSIONER MAY REQUIRE THE OWNER OR OPERATOR TO 

PUBLISH SUCH NOTICE IN OTHER MEDIA AND IN LANGUAGES OTHER THAN 

ENGLISH . 

(5) The commissioner shall not issue any permit or order pursuant 

to this subsection which waives or makes less stringent any 

limitation, standard or requirement contained in or issued pursuant 

to the State implementation plan or that is otherwise federally 

enforceable, including any standard established in 40 CFR [Part] 63 

(6) The commissioner shall provide the Administrator with a copy of 

any general permit issued pursuant to this subsection . 

(7) Notwithstanding a permit or order issued pursuant to 

subdivision (d)](1) of this subsection, the owner or operator of any 

[premise] PREMISES subject to this section shall pay the 

[department] DEPARTMENT all fees required by section 22a-174-26 of 

the Regulations of Connecticut State Agencies . 

(8) Notwithstanding the provisions of section 22a-174(1) of the 

[general statutes] CONNECTICUT GENERAL STATUTES, the commissioner 

shall not issue a general permit covering a stationary source 

subject to any standard or other requirement pursuant to 40 CFR 

[Parts] 72 through 78, inclusive . 

(9) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR OF ANY PREMISES THAT IS SUBJECT TO A GENERAL PERMIT 

ISSUED UNDER THIS SECTION HAS NOT QUALIFIED FOR APPLICABILITY UNDER 

SUCH GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE A VIOLATION OF THIS 

SECTION AND SUCH OWNER OR OPERATOR SHALL BE DEEMED TO HAVE BEEN 

OPERATING A TITLE V SOURCE WITHOUT A TITLE V PERMIT . 

(10) IF THE COMMISSIONER OR ADMINISTRATOR DETERMINES THAT THE OWNER 

OR OPERATOR OF ANY PREMISES THAT IS SUBJECT TO A PERMIT OR ORDER 

ISSUED UNDER THIS SUBSECTION HAS NOT COMPLIED WITH THE TERMS OR 

CONDITIONS OF SUCH PERMIT OR ORDER, SUCH NONCOMPLIANCE SHALL BE A 

VIOLATION OF THIS SECTION AND SUCH OWNER OR OPERATOR SHALL BE DEEMED 

TO HAVE BEEN OPERATING A TITLE V SOURCE WITHOUT A TITLE V PERMIT . 

394 
(11) THE COMMISSIONER SHALL SUBMIT THIS SUBSECTION FOR APPROVAL BY 

THE ADMINISTRATOR UNDER TITLE I OF THE ACT TO AUTHORIZE THE ISSUANCE 

OF FEDERALLY ENFORCEABLE STATE OPERATING PERMITS IN LIEU OF TITLE V 

PERMITS . ANY PERMIT ISSUED UNDER THIS SUBSECTION SHALL NOT BE 

DEEMED A TITLE V PERMIT . 

(e) MACT and Acid Rain Requirements . 

(1) [If the Administrator does not promulgate a MACT standard for a 

category of sources within eighteen (18) months of the federal 

deadline for promulgating a for such category of sources, the 

commissioner shall determine a MACT standard for such category of 

sources . The federal deadline for promulgating a MACT standard is 

as published in the Federal Register, Vol .58, No . 231, December 3, 

1993 .] IF THE ADMINISTRATOR FAILS TO PROMULGATE A MACT STANDARD FOR 

A CATEGORY OF SOURCES CONSISTENT WITH THE DEADLINE UNDER SECTION 

112(j)(2) OF THE ACT, THEN THE COMMISSIONER SHALL DETERMINE A MACT 

STANDARD FOR SUCH CATEGORY OF SOURCES . The commissioner shall 

determine such MACT standard in the same manner as IS required of 

the Administrator under section 112(d)(3) of the Act . In no event 

shall such a standard allow emissions of any hazardous air pollutant 

[which emissions] THAT would exceed [those] THE EMISSIONS allowed by 

an applicable standard under 40 CFR [Part] 63 . 

(2) Within three (3) years of the commissioner's determination of 

[such] A MACT standard FOR A CATEGORY OF SOURCES or upon notice from 

the commissioner TO THE OWNER OR OPERATOR OF THE SOURCE, whichever 

is earlier, the owner or operator of a source with respect to which 

the commissioner has determined a MACT standard shall [assure that 

such source is in compliance] COMPLY with such MACT standard . 

(3) The owner or operator of a Title V source shall comply with the 

applicable provisions of 40 CFR [Parts] 72 through 78, inclusive . 

If ANY such provision [conflicts with or is not made a term or 

condition] IS STRICTER THAN A SIMILAR PROVISION of an applicable 

permit issued pursuant to this section, [such provisions shall 

nonetheless apply to such source .] THE STRICTER PROVISION SHALL 

PREVAIL . 

(f) Timetable For Submitting An Application For A Title V Permit . 

(1) The owner or operator of a Title V source which is subject to 

this section shall not be required to apply for a Title V permit 

before the implementation date of this section . After such date, 

the owner or operator of such a source shall apply for a Title V 

permit within ninety (90) days of receipt of notice from the 

commissioner that such application is required or by the date 

specified by such notice, whichever is earlier . If such owner or 

operator does not receive such notice, such owner or operator shall 

apply for such permit within nine (9) months of the implementation 

date of this section . 

395 
(2) EXCEPT AS PROVIDED IN SUBDIVISION (3) OF THIS SUBSECTION, [The] 

THE owner or operator of a Title V source [which becomes subject to 

this section after its implementation date] shall apply for a Title 

V permit within ninety (90) days of receipt of notice from the 

commissioner that such application is required or twelve (12) months 

after becoming subject to this section, whichever is earlier . 

(3) The owner or operator of a Title V source which is subject to 

this section solely pursuant to a standard in [subparagraph (A) of 

subdivision (a)(15) of this section, if such standard became 

effective prior to July 21, 1992,] 40 CFR 60 OR 61, shall apply for 

a Title V permit within ninety (90) days of receipt of notice from 

the commissioner that such application is required [or five (5) 

years after the implementation date of this section, whichever is 

earlier] OR AS PROVIDED FOR BY THE ADMINISTRATOR, WHICHEVER IS 

EARLIER . 

(4) The owner or operator of a NEW MAJOR STATIONARY (Title V] 

source OR A MAJOR MODIFICATION TO AN EXISTING MAJOR STATIONARY 

SOURCE to whom a Title V permit has not been issued and who is 

required to obtain a permit [to construct pursuant to subparagraph 

(B) or (D) of section 22a-174-3(b)(1) of the Regulations of 

Connecticut State Agencies] UNDER SECTION 22a-174-3a OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES shall apply for a Title V 

permit (upon] WITHIN NINETY (90) DAYS OF RECEIPT OF notice from the 

commissioner that such Title V permit is required or within twelve 

(12) months of COMMENCING OPERATION UNDER [applying for such] A 

permit [to construct] ISSUED PURSUANT TO SECTION 22a-174-3a OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES, whichever is earlier . 

(5) [The owner or operator of a Title V source who wishes to apply] 

APPLICATION for renewal of a Title V permit shall [apply therefor] 

BE MADE no later than [six (6)] TWELVE (12) months prior to the date 

of expiration of (such] THE TITLE V permit . 

[(6) Notwithstanding subdivisions (1) through (5) of this 

subsection, the owner or operator of a Title V source subject to 40 

CFR Parts 72 through 78, inclusive, shall submit an application to 

the commissioner by January 1, 1996 pertaining to the emission of 

sulfur dioxide and by January 1, 1998 pertaining to the emission of 

nitrogen oxides .] 

(6) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION, THE 

OWNER OR OPERATOR OF A TITLE V SOURCE SUBJECT TO 40 CFR 72 THROUGH 

78, INCLUSIVE, WHICH BECOMES SUBJECT TO THIS SECTION AFTER JANUARY 

1, 1998 SHALL SUBMIT A TITLE V APPLICATION TO THE COMMISSIONER 

WITHIN THE TIME PROVIDED BY 40 CFR 72 .30 OR WITHIN NINETY (90) DAYS 

OF RECEIPT OF NOTICE FROM THE COMMISSIONER THAT SUCH APPLICATION IS 

REQUIRED, WHICHEVER IS EARLIER. 
(g) TITLE V PERMIT Applications . 

(1) [(A)]An application for a Title V permit shall be made on forms 

[provided] PRESCRIBED by the [department] COMMISSIONER . The 

application shall [comply with subparagraphs (B) through (G) of this 

subdivision and with subdivisions (2), (3) and (4) of this 

subsection] CONTAIN THE FOLLOWING[ .] : 

[(BMA) [The application shall identify the applicant's legal 

name and address, the name and agent for service of the 

owner of the subject source, if the applicant is not the 

owner,] THE LEGAL NAME AND BUSINESS ADDRESS OF THE 

APPLICANT AND OF THE APPLICANT'S AGENT FOR SERVICE OF 

PROCESS AND, IF THE APPLICANT IS NOT THE OWNER OF THE 

SUBJECT SOURCE, THE LEGAL NAME AND BUSINESS ADDRESS OF 

SUCH OWNER AND OF THE OWNER'S AGENT FOR SERVICE OF 

PROCESS, and names and telephone numbers of THE plant 

site manager and other individuals designated by the 

applicant to answer questions pertaining to such 

application[ .] ; 

[(C)I(B) [The application shall contain all] ALL information 

required by section 22a-3a-5 of the Regulations of 

Connecticut State Agencies, including an executive 

summary [clearly and concisely summarizing the 

information contained in the application .] ; 

[(D)I(C) [The application shall contain a] A compliance plan 

pursuant to subsection (i) of this section MEETING THE 

REQUIREMENTS OF 40 CFR 70 .5(c)(8), [and a statement 

certifying notification pursuant to subsection (1) of 

this section .] ; 

(D) A COMPLIANCE CERTIFICATION PURSUANT TO SUBSECTION (q)(2) 

OF THIS SECTION MEETING THE REQUIREMENTS OF 40 CFR 

70 .5(c)(9) ; 

(E) [The applicant may apply for more than one alternative 

operating scenario for such source . For each alternative 

operating scenario, the applicant shall submit the] THE 

information required by this subsection FOR EACH 

ALTERNATIVE OPERATING SCENARIO THAT THE APPLICANT HAS 

INCLUDED IN THE TITLE V PERMIT APPLICATION[ .] ; 

(F) [If the applicant has complied with section 22a-174-22 or 

22a-174-32 of the Regulations of Connecticut State 

Agencies, by an alternative means of compliance for 

nitrogen oxides or volatile organic compounds by order or 

permit or a certification, the application shall identify 

and describe] AN IDENTIFICATION AND DESCRIPTION OF ANY 

[each such] alternative means of compliance WITH SECTIONS 

22a-174-22 OR 22a-174-32 OF THE REGULATIONS OF 

397 
CONNECTICUT STATE AGENCIES ISSUED BY ORDER, PERMIT OR 

CERTIFICATION . In addition, a copy of such order, permit 

or certification shall be submitted with the 

application[ .] ; AND 

(G) (The application shall contain a] A certification 

pursuant to [subdivision (b)(4) of this] section 22a-174-

2a(a)(5) OF THE REGULATIONS OF CONNECTICUT STATE 

AGENCIES . 

(2) [An application for a Title V permit, for] FOR the purpose of 

determining the applicability of this section pursuant to subsection 

(c) of this section, to impose any applicable requirement, or to 

determine compliance with any applicable requirement, AN APPLICATION 

FOR A TITLE V PERMIT shall provide the following information about 

the subject TITLE V source : 

(A) [for] FOR each alternative operating scenario proposed, a 

description of the processes utilized, the standard 

industrial classification code, [identify] IDENTIFICATION OF 

each emission unit involved, as well as its throughput, 

hours of operation and capacity [of each such emission 

unit,] for [any] THE calendar year prior to the YEAR OF 

application or such other time period as the commissioner 

deems appropriate ; 

(B) [for] FOR each regulated air pollutant emitted or proposed 

to be emitted by the subject source, the amount of potential 

and actual emissions from such source during the TIME~PERIOD 

SPECIFIED IN SUBPARAGRAPH (A) OF THIS SUBDIVISION [calendar 

year preceding the date of the application or during such 

other time period as the commissioner deems appropriate] ; 

such emissions shall [include fugitive emissions to the 

extent quantifiable, and shall] be expressed in tons per 

year and in such terms as are necessary to demonstrate 

compliance with the applicable standard reference test 

method, if any; 

(C) [the] THE methodology used by the applicant to quantify 

EMISSIONS, in such terms as are necessary to determine 

compliance with the applicable standard reference test 

method, if any, the potential and actual emissions referred 

to in subparagraph (B) of this subdivision, and the emission 

rates in tons per year of each regulated air [pollutants] 

POLLUTANT emitted or proposed to be emitted by the subject 

TITLE V source ; 

(D) [the] THE calculations used by the applicant to determine 

whether such source is a Title V source to which this 

section applies ; 
(E) [a] A description of all air pollution control equipment [in 

use] USED at the subject TITLE V source and a description of 

all monitoring equipment [in use] USED at the subject TITLE 

V source to quantify [such] emissions or to determine 

compliance WITH ANY APPLICABLE REQUIREMENT ; 

(F) [for] FOR each regulated air pollutant emitted or proposed 

to be emitted by the subject TITLE V source, a description 

of any [applicable] operational limitations or work 

[practice standards] PRACTICES in effect at such source 

which affect emissions at the time the application is 

submitted or A DESCRIPTION OF THE work [practice standards] 

PRACTICES to be implemented which will affect PROPOSED 

emissions [proposed to be emitted] at a specified later 

date ; 

(G) [identification] FOR EACH EMISSION UNIT, AN IDENTIFICATION 

of all applicable requirements, AND IDENTIFICATION AND 

EXPLANATION OF ANY EXEMPTIONS THE APPLICANT PROPOSES TO 

EXERCISE FROM OTHERWISE APPLICABLE REQUIREMENTS, AND [for 

each emission unit, including] IDENTIFICATION OF any 

applicable MACT source category as published in the Federal 

Register, [Vo1 .57, No . 137, July 16, 1992] IN ACCORDANCE 

WITH SECTION 112(e)(3) OF THE ACT, [and] including [those] 

ANY CATEGORY which [are] IS subject to compliance dates 

occurring after the effective date of this section; 

(H) (any) ANY [applicable] test method to be used by the 

applicant for determining compliance with each applicable 

requirement [listed] IDENTIFIED pursuant to subparagraph (G) 

of this subdivision; and 

(I) [any] ANY other information, required by each applicable 

requirement (listed] IDENTIFIED pursuant to subparagraph (G) 

of this subdivision[, including good engineering practices 

used to determine stack height] . 

(3) [Notwithstanding subdivisions (1) and (2) of this subsection, 

an] AN [applicant] APPLICATION need not CONTAIN .[provide] the 

information REQUIRED UNDER SUBDIVISIONS (1) AND (2) OF THIS 

SUBSECTION on those items or activities specified in subparagraphs 

(A) and (B) of this subdivision . 

(A) A laboratory hood used solely for the purpose of 

experimental study or teaching of any science or testing or 

analysis of drugs, chemicals, chemical compounds, or other 

substances, provided that the containers used for reactions, 

transfers, and other handling of substances under such 

laboratory hood are designed to be easily and safely 

manually manipulated by one person[ .] ; OR 
(B) Any of the following items or activities which are not the 

principal function of [such Title V] THE SUBJECT TITLE V 

source : 

(i) office equipment, including but not limited to copiers, 

facsimile and communication equipment, and computer 

equipment [ ; ] , 

(ii) grills, ovens, stoves, refrigerators, vending machines 

and other restaurant-style food preparation or storage 

equipment [ ; ] , 

(iii) lavatory vents, hand dryers, and noncommercial clothes 

dryers, not including dry cleaning machinery[ ;], 

(iv) garbage compactors and waste barrels[ ;], 

(v) aerosol spray cans[ ;], 

(vi) heating, air conditioning, and ventilation systems 

which do not remove air contaminants generated by or 

released from process or fuel burning equipment and 

which are separate from such equipment AND WHICH ARE 

NOT SUBJECT TO 40 CFR PART 82, 

(vii) routine housekeeping activities such as painting 

buildings, roofing, and paving parking lots[ ;], 

(viii) all clerical and janitorial activities[ ;], 

(ix) maintenance activities such as_: THE MECHANICAL REPAIR 

OF [vehicle repair] VEHICLES[,] ; THE USE OF brazing, 

soldering and welding equipment, carpentry, [shops,] 

electrical charging [stations], grinding and polishing 

operations, maintenance shop vents[,] ; AND 

miscellaneous non-production surface cleaning, 

preparation and painting operations[ ;], and 

(x) space heaters which can reasonably be carried by one 

person by hand . 

(4) Notwithstanding subdivision (3) of this subsection, an 

[applicant] APPLICATION shall include [the emissions from] 

INFORMATION REGARDING each activity or item[,] set forth in 

(paragraph] SUBPARAGRAPHS (A) AND (B) of subdivision (3) of this 

subsection, if necessary to determine whether a [source] PREMISES is 

a Title V source [to which this section is applicable] OR TO IMPOSE 

AN APPLICABLE REQUIREMENT . [If] IN ADDITION, IF the commissioner 

determines the emissions from any activity or items are needed to 

determine the applicability of this section or to impose any 

applicable requirement, the applicant shall list on the application 
such activities or items listed in subparagraphs (A) and (B) of 

subdivision (3) of this subsection . - 

(5) AN APPLICATION TO RENEW OR MODIFY A TITLE V PERMIT SHALL BE 

MADE ON FORMS [PROVIDED] PRESCRIBED BY THE COMMISSIONER AND IN 

ACCORDANCE WITH SECTION 22a-174-2a OF THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES . SUCH APPLICATION SHALL INCLUDE A DESCRIPTION OF ANY 

PROPOSED CHANGES, A PROPOSED PERMIT, ANY PROPOSED MONITORING 

PROCEDURES, ANY CHANGES IN ACTUAL EMISSIONS RESULTING FROM THE 

PROPOSED CHANGES, AND AN IDENTIFICATION OF ALL REGULATORY, 

STATUTORY, OR OTHERWISE APPLICABLE REQUIREMENTS THAT WOULD BECOME 

APPLICABLE AS A RESULT OF SUCH CHANGES . 

(h) TITLE V Application Processing 

(1) _AN APPLICANT FOR A TITLE V PERMIT SHALL NOT BE LIABLE FOR 

FAILING TO OBTAIN SUCH PERMIT, UNLESS : 

(A) [the] _THE commissioner notifies the applicant IN WRITING 

WITHIN SIXTY (60) DAYS OF RECEIPT OF A SUFFICIENT AND 

TIMELY FILED APPLICATION that [an] THE application [is 

not sufficient, in accordance with] FAILS TO MEET THE 

REQUIREMENTS IN subsection (g) of this section [and] OR 

section 22a-3a-5(a)(1) of the Regulations of Connecticut 

State Agencies ; [within sixty (60) days of receipt of the 

application, such application shall be deemed 

sufficient .] OR 

(B) [If,] _THE COMMISSIONER NOTIFIES THE APPLICANT IN WRITING 

subsequent to such [60] SIXTY (60) days, while processing 

an application for a Title V permit (that-has been 

determined or deemed sufficient, the commissioner 

determines] that additional information is necessary to 

take final action regarding such application, [the 

commissioner may notify the applicant in writing that 

particular information is necessary. The] AND THE 

applicant [shall] FAILS TO submit such information in 

writing within forty-five (45) days of such notification . 

(2) An applicant for a Title V permit shall submit[,_during the 

pendency of the application,] information to address any 

requirements that become applicable to the subject source AND SHALL 

SUBMIT CORRECT, COMPLETE AND SUFFICIENT INFORMATION [or] upon THE 

APPLICANTOS becoming aware of any incorrect, INCOMPLETE, AND or 

insufficient submittal, DURING THE PENDENCY OF THE APPLICATION, OR 

ANY TIME THEREAFTER, with an explanation for such deficiency and a 

certification pursuant to [subdivision (b)(4) of this section] 

SECTION 22a-174-2a(a)(5) OF THE REGULATIONS OF CONNECTICUT STATE 

AGENCIES .