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 fromtime 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 fromtime 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 MEANINGAS 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 termrefers 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 COand COZ are both measured in volume units

. (21) "COMMENCE OPERATION" MEANS THE OWNER OR OPERATOR OF THE STATIONARY SOURCE HAS BEGUN, ORCAUSEDTO BEGIN, ANYACTIVITY WHICHHAS THE POTENTIAL TOEMIT ANYAIR 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 PROPOSEDMODIFICATION TOA STATIONARY SOURCE has all necessary permits or approvals required under [federal air quality control laws and these regulations,]THE ACT, ANY REGULATIONS ADOPTEDTHEREUNDERAND SECTION 22a-174-1, ET SEQ

. OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, and has either: (A) Begun, or caused to begin, a CONTINUOUS programof physical on-site construction of the source[ :],SUBJECT TOTHE PERMIT ISSUED BY THE COMMISSIONER, WITHOUT ANY BREAKS IN SUCHCONSTRUCTIONOF MORE THANEIGHTEEN MONTHS; OR 

### [(i) subject to a schedule whichwill lead to completion in a reasonable time; and (ii) without anybreaks in such construction of more than 18 months; or] (B) Entered into [site specific] binding agreements or contractual obligations TO UNDERTAKE ACTUAL CONSTRUCTIONOF THE SOURCE WITHINA REASONABLE TIME, which cannot be [cancelled] CANCELEDor modified without substantial ECONOMIC loss to the owner or operator[, to undertake a programof 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) whichwould 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 MEANINGAS.IN 40 CFR 51 .165

(a) (1) (xviii)

. (25) "CEM" OR "CONTINUOUS EMISSION MONITORING" MEANS ASYSTEMFOR CONTINUOUSLY MEASURINGTHE EMISSIONS

. OF ANY POLLUTANT FROMA STATIONARY SOURCE

. (26) "CERC" OR "CONTINUOUS EMISSION REDUCTION CREDIT" MEANS A REAL, QUANTIFIABLE, SURPLUS, PERMANENT AND ENFORCEABLE REDUCTION OF ANAIR POLLUTANT AT ASOURCE WHICH IS: (A) CERTIFIED BY THE COMMISSIONER THROUGHASIP APPROVED PLAN; AND (B) GENERATED OVERANUNINTERRUPTED PERIOD OF TIME IN INCREMENTS OF ONE TONOF ASPECIFIEDAIR 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 foranypollutant specified in these regulations will exceed the maximumpollutant concentration for the specified time period for that regionor 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) CONVERTEDTOTHE 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] TOXICEQUIVALENCE amount of 2,3,7,8-TCDD BY MULTIPLYINGTHE CONCENTRATIONOF EACH ISOMER INTHE SAMPLE BY THE APPROPRIATE TOXIC EQUIVALENCY FACTOR (TEF) SET FORTH INTABLE 1-1 ANDTHENADDING THE PRODUCTS TO OBTAIN THE TOTAL DIOXIN EMISSIONS INTHE SAMPLE

. [using the following toxic equivalency factors (TEF)]

Table 1-1 FORMOF DIOXIN EMISSIONS TEFTable 1-1

FORMOF DIOXINEMISSIONS 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

305Table 1-1

FORMOF DIOXINEMISSIONS 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 fromwhich a hazardous air pollutant is RELEASED INTOTHE 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 MEANINGAS IN 40 CFR 51.100(hh)

. 

### [(A) Using that portionof a stackwhichexceeds 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 stackor other selective handling of exhaust gas so as to increase the exhaust gas plume rise

. The preceding sentence does not include: (i) the reheatingof a gas stream, followinguse of a pollution control system, for thepurpose of returning the gas to the temperature at whichit was originally discharged fromthe facility generating the gas stream ; (ii) the mergingof 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 fromthe 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 inagricultural or silvacultural prescribed burningprograms; (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, ANDENFORCEABLE REDUCTION OF ANAIR POLLUTANT AT A SOURCE, WHICHIS: (A) CERTIFIED BY THE COMMISSIONER THROUGHASIPAPPROVED PLAN; AND (B) GENERATED DURINGASPECIFIED PERIOD OF TIME

. [(25)](33) "Emission" means the [act of releasing] RELEASE or [discharging] DISCHARGE OF AN air [pollutants) POLLUTANT into the ambient air fromany source

. [(26)](34) "Emission limitation" and "Emission standard" HAVE THE SAME MEANINGAS IN 40 CFR51 .100(z)_

. [mean a requirement established by the Commissioner or the Administrator which limits the quantity, rate, or concentration of emissions of airpollutants 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) "EMISSIONUNIT" HAS THE SAME MEANINGAS IN 40 CFR 51.165(a) (1) (vii)

. (36) "ERC" OR "EMISSION REDUCTION CREDIT" MEANS REAL, QUANTIFIABLE, SURPLUS, PERMANENT, ANDENFORCEABLE REDUCTIONS OF AIR POLLUTANT EMISSIONS FROMASOURCE, WHENSUCH REDUCTIONSARE CERTIFIED BYTHE COMMISSIONERTHROUGHASIPAPPROVED PLANAND RECORDEDAS 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 MEANINGAS 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 fromany 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 INTHE AMBIENT AIR, [as shown in Table 29-1, 29-2, or 29-3 of] PURSUANT TOsection 22a-174-29 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES- [as determined by the Commissioner

. The primary use of this termis 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] BTUby ASTMMethod 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, FORTHE PURPOSES OF THIS DEFINITION, SOURCES COMBUSTINGTHE FOLLOWINGUSED 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 MEANINGAS 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 MEANINGAS 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] ISSUEDBY THE COMMISSIONERAUTHORIZING 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 MEANINGAS IN 40 CFR 51.166(b)(19)

. [(43)](53) "Internal offset" means any federally enforceable reduction of actual emissions fromone or more stationary sources on [a premise] THE SAME PREMISES which [can be] ARE used to offset [allowable] POTENTIAL emissions increases froma proposed [new] stationary source (or modification on such premise] ON SUCH PREMISES INACCORDANCE WITHTHE 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 MEANINGAS IN40 CFR 51.165(a)(1)(xiii)

. [means the rate of emissions, which reflects the more stringent of: 

### (A) Themost stringent emission limitationwhich 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 LAERthe 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 havereasonable operating experience or which may not be generally

available for industry use

. In no event shall the application of this termpermit a proposed newor 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 fromtime to time may be amended.] [(45)](55) "Major modification" HAS THE SAME MEANING AS IN 40 CFR 51.165 (a)(1)(v)

. PROVIDEDTHAT, FORTHE PURPOSES OF THIS DEFINITION, THE TERM"SIGNIFICANT" HAS THE SAME MEANING AS IN40 CFR 51.166(b)(23)(i) AND:

(A) THE VALUES FOR NITROGENOXIDES ASANOZONE PRECURSOR ANDVOLATILE ORGANIC COMPOUNDS ARE EACHTWENTY-FIVE (25) TONS PERYEAR, AND (B) ASBESTOS, BERYLLIUMANDVINYL 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) Amajor 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 maximumrated 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 fromthe 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 MATTERAND SULFUR DIOXIDE AND FEBRUARY 8, 1988 FOR NITROGEN DIOXIDE

. (57) "Major stationary source" HAS THE SAME MEANINGAS 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 PERYEAROF VOLATILE ORGANIC COMPOUNDS ORNITROGEN OXIDES ASANOZONE PRECURSOR IN ANY SEVERE OZONE NONATTAINMENTAREA IS A MAJOR STATIONARY SOURCE, AND (B) A STATONARY SOURCE THAT EMITS OR HAS THE POTENTIAL TO EMIT FIFTY (50) TONS PERYEAROF VOLATILE ORGANIC COMPOUNDS ORNITROGENOXIDES ASANOZONE PRECURSOR IN ANY SERIOUS OZONE NONATTAINMENTAREA 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) Apremise 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 froma proposedmodification 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 fromthe 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 maximumrated 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 MEANINGAS IN 40 CFR 60.2

. (59) ~~MACT" OR "MAXIMUMACHIEVABLE CONTROL TECHNOLOGY" MEANS A METHOD OF ACHIEVINGANEMISSION LIMITATIONOR REDUCING THE EMISSIONOF HAZARDOUS AIR POLLUTANTSAS DETERMINEDBY THE COMMISSIONER PURSUANT TOSECTION22a-174-33(e) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES OR BY THE ADMINISTRATOR PURSUANT TO 40 CFR 63

. [(47)](60)"Maximumallowable stack concentration" or "MASC" is the maximumallowable concentration of a hazardous air pollutant in the exhaust gas streamAT THE DISCHARGE POINT of a STATIONARY source under actual operating conditions [at the discharge point]

. [(48) "Maximumpollutant 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 onJune 30, 1972

. Thetime periods to be averaged for the purpose of establishing

maximumpollutant 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 ASTATIONARY SOURCE or highest demonstrated hourly capacity OF ASTATIONARY SOURCE, whichever is greater, multiplied by 365 days per year and 24 hours per day[ .], OR SOME OTHERTIME PERIODAS MAY BE ACCEPTEDBYTHE COMMISSIONER

. [(50)](62) "Maximumuncontrolled 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] COMMISSIONERdetermines 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 fromthe Compilation of Air Pollutant Emission Factors (AP-42) published by the U

. S

. Environmental ProtectionAgency, relevant source test data or other information deemed more representative by the [Commissioner.] COMMISSIONER

. (63) "MINOR PERMIT MODIFICATION" MEANSACHANGE TOA PERMIT THAT IS REQUIRED FOR THE PERMITTEE TO LAWFULLY ENGAGE INANY OF THE ACTIVITIES OR PROPOSEDACTIVITIESAT A STATIONARY SOURCE AS IDENTIFIED IN SECTION 22a-174-2a(e) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

. (64) "MINORSOURCE" MEANS ANY STATIONARY SOURCE WHICH EMITS, AND HAS THE POTENTIAL TOEMIT, POLLUTANTS AT RATES OR INAMOUNTS LOWER THAN THOSE SPECIFIED INSUBDIVISION (57) OF THIS SUBSECTION

. (65) "MINOR SOURCE BASELINE DATE" MEANS JUNE 7, 1988 FOR PARTICULATE MATTER, DECEMBER 17, 1984 FOR SULFUR DIOXIDE ANDJUNE 7, 1988 FOR NITROGENDIOXIDE

.[(51)](66) "Mobile source" means a source designed or constructed

to move fromone 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_WITHRESPECT TOASTATIONARY SOURCE, ANY PHYSICAL CHANGE OR CHANGE INTHE METHOD OF OPERATIONTHAT WOULDRESULT INAN EXCEEDANCE OF THE ALLOWABLE EMISSIONS OF ANY INDIVIDUAL AIR POLLUTANT, ANY INCREASE IN THE MAXIMUMCAPACITY, ORANY POTENTIAL EMISSIONS OF ANY INDIVIDUAL AIR POLLUTANT NOT PREVIOUSLY EMITTED, EXCEPT THAT:



### (A) ROUTINEMAINTENANCE,REPAIRORREPLACEMENTATA STATIONARYSOURCESHALLNOTBECONSIDEREDA PHYSICALCHANGE;AND [(A) making any physical change in, change in the

method of operation of, or addition to a stationary source which: 

### (i) increases thepotential emissions of any individual air pollutant froma stationary source by five (5) tons peryear or more; or (ii) increases the maximumrated 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 maximumuncontrolled 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 beconsidered 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 CONSIDEREDACHANGE INTHE METHODOF OPERATION [unless the stationary source was previously limited by permit conditions or other order of the Commissioner] : 

### [(i) any routinemaintenance, 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 ORALLOWANEXCEEDANCE OF THE RATES OR EMISSION LIMITS AUTHORIZED BYA PERMIT,ORDER, ORJUDGEMENT FOR SUCH SOURCE, or [(iv)] (ii) any increase in hours of operation[; or]AND

SUCH INCREASE DOES NOT CAUSE ORALLOWAN EXCEEDANCE OF THE RATES OR EMISSIONLIMITS AUTHORIZED BYA PERMIT,ORDER, ORJUDGEMENT 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 USEDTO

DETERMINE ACTUAL EMISSIONS FROMA 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[,] ANDwhich 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 termin Title 40 Code of Federal Regulations Part 51.100(jj) .] (70) "NET EMISSIONS INCREASE" HAS THE SAME MEANINGAS IN 40 CFR 51.165 (a)(1)(vi) PROVIDEDTHAT: (A) FORTHE PURPOSES OF THIS DEFINITION, THE PHRASE "THIS SECTION" FOUND IN 40 CFR 51.165(a)(1)(vi)(C)(2) REFERS TOSECTIONS 22a174-3a(k) AND (1) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, AND (B) ANY INCREASES OR DECREASES INACTUAL EMISSIONS AT A STATIONARY SOURCE ARE CREDITABLE ONLY IF SUCH INCREASES OR DECREASES OCCUREDWITHINTHE 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, fromstationary sources on any individual premise which the Commissioner determines will occur before the date that the 

### increase fromtheproposed modification to the stationary source occurs]

. [(56)](71) "Nitrogen oxides" or "Nox" means the sumof 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 TOA PERMIT THAT IS REQUIRED FORTHE PERMITTEE TO LAWFULLY ENGAGE INANY OF THE ACTIVITIES OR PROPOSEDACTIVITIESAT 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 viewof 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 fromthe 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 ammoniumcarbonate

. [(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.] INTHE AMBIENT AIR

.(82) "PM2.5" MEANS PARTICULATE MATTER WITHAN AERODYNAMIC

DIAMETER LESS THAN OR EQUAL TOANOMINAL 2.5 MICROMETERSAS MEASURED BY AREFERENCE METHOD SET FORTH IN 40 CFR 50, APPENDIX L, AND DESIGNATEDAS AREFERENCE METHOD INACCORDANCE WITH 40 CFR 53 OR BY AN EQUIVALENT METHODAPPROVED BY THE ADMINISTRATOR IN ACCORDANCE WITH 40 CFR53

. [(67)](83) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10micrometers 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 IN40 CFR 50, APPENDIX M, ANDDESIGNATEDAS A REFERENCE METHOD INACCORDANCE WITH40 CFR 53 OR BYAN EQUIVALENT METHODAPPROVEDBY THE ADMINISTRATOR IN ACCORDANCE WITH 40 CFR 53

. [(68)](84) "Permit" [to construct"] means [a permit] ANY LICENSE ISSUEDUNDER 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 violationof anyapplicable emissions rate standards imposedby 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 MEANINGAS 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 froma 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 maximumrated capacity of the stationary source, unless the maximumrated 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 fromthe "Compilation of Air Pollutant Emission Factors" (AP-42) published by the U

. S

. Environmental ProtectionAgency, 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 TOEMIT" MEANS THE MAXIMUMCAPACITY OF A STATIONARY SOURCE, INCLUDINGALL PHYSICAL ANDOPERATIONAL LIMITATIONS, TO EMIT ANYAIRPOLLUTANT, INCLUDING FUGITIVE EMISSIONS TO THE EXTENT QUANTIFIABLE, PROVIDED THAT:(A) ANY PHYSICAL LIMITATION ON SUCH CAPACITY, NOT INCLUDING AIR POLLUTIONCONTROL EQUIPMENT, SHALL BE TREATEDAS PART OF THE STATIONARY SOURCE AS DETERMINED BY THE COMMISSIONER ORADMINISTRATOR; AND (B) ANY OPERATIONAL LIMITATIONONSUCH CAPACITY, INCLUDING AIR POLLUTIONCONTROL EQUIPMENT, ORA RESTRICTION ON THE HOURS OF OPERATIONOR ONTHE TYPE ORAMOUNT OF MATERIAL PROCESSED, STOREDORCOMBUSTED, SHALL BE TREATEDAS PART OF THE STATIONARY SOURCE IF THE LIMITATION OR RESTRICTIONIS PRACTICABLY ENFORCEABLE

. (87) "PRACTICABLY ENFORCEABLE" MEANS: (A) ANY FEDERALLY ENFORCEABLE EMISSION LIMITATIONOR RESTRICTIONONPOTENTIAL EMISSIONS; OR (B) ANY EMISSION LIMITATION OR RESTRICTIONONTHE POTENTIAL EMISSIONS SET FORTH INA PERMIT, ORDER, REGULATIONOR STATUTE ISSUEDORADMINISTERED BY THE COMMISSIONER, PROVIDED SUCH EMISSION LIMITATIONOR OPERATIONAL RESTRICTION: (i) IDENTIFIES THE SUBJECT STATIONARY SOURCE OR CATEGORY OF STATIONARY SOURCE, (ii) SPECIFIES AN-EMISSIONLIMITATIONUSINGA SHORT TERMEMISSIONS RATE FOR SUCHSTATIONARY SOURCE EXPRESSED IN POUNDS PER HOUR, POUNDS PER UNIT OF PRODUCTIONOR CONCENTRATION LEVELS SUFFICIENT TO CALCULATE THE ACTUAL EMISSIONS FROMSUCH STATIONARY SOURCE OR SPECIFIES ANOPERATIONAL RESTRICTION FORSUCH STATIONARY SOURCE SUCHAS HOURS OF OPERATIONOR FUEL USE RESTRICTIONS SUFFICIENT TOCALCUALTE THE ACTUAL EMISSIONS FROM SUCHSOURCE, ' (iii) SPECIFIESAPPROPRIATE MONITORINGTODETERMINE

COMPLIANCE WITH SUCH EMISSION LIMITATION OR RESTRICTIONSPECIFIED INACCORDANCE WITH SUBPARAGRAPH (ii) OF THIS SUBDIVISION PROVIDED THAT IF ATWELVE MONTHROLLINGAVERAGE IS SELECTED, THE MONITORING SHALL BE CEMOR EQUIVALENT, AND (iv) IF ANEMISSION LIMITATIONOR OPERATIONAL RESTRICTION IS REQUIREDTO DEMONSTRATE THAT A STATE OR FEDERAL STANDARDDOES NOT APPLY, SUCHEMISSION LIMITATION OR RESTRICTION SHALL BE CALCULATED INACCORDANCE WITH SUBPARAGRAPH (ii) OF THIS SUBDIVISIONAND EXPRESSED USING THE SHORTEST TECHNICALLYAND ECONOMICALLY FEASIBLE AVERAGING PERIOD, IN NOCASE LONGER THANATWELVE MONTH ROLLINGAVERAGE

. IF ATWELVE 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 TOCONTROL AIR POLLUTION" MEANSANY MODIFICATIONTHAT ALTERS OR IMPLEMENTS PRODUCTIONPROCESSES OR AVAILABLE METHODS, INCLUDING FUEL SWITCHING, SYSTEMS, TECHNIQUES, WORK PRACTICE STANDARDS, OPERATIONAL STANDARDS ORACOMBINATION THEREOF WHICH IS DESIGNEDAND IMPLEMENTEDFORTHE PRIMARY PURPOSE OF REDUCING EMISSIONS OF AIR POLLUTANTS FROMASTATIONARY SOURCE

. 

### [(73)](90) "Process source" means anyoperation, 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 salvageablematerial byburning

. [(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

. Areconstructed STATIONARY source shall be considered a newSTATIONARY 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 IN40 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 frommunicipal solid waste.] HAS THE SAME MEANINGAS 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 MEANINGAS 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, NewCanaan, New Fairfield, NewMilford, 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)

PROVIDEDTHAT STACK SHALL ALSO INCLUDE AFLARE [means any point of release froma 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 MEANINGAS 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 fromlocation to location during normal operation except that portable rock crushers and portable stripping facilities] THAT ANY PORTABLE EMISSIONS UNIT which [are] IS moved fromsite to site but REMAINS [remain] stationary during operation IS ASTATIONARY 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 fromwater, 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 towithdrawliquid fromthe tank can no longer withdrawany 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 MEANINGAS IN SECTION 22a174-33 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

.(112) "THROUGHPUT" MEANS THE RATE, BY VOLUME OR MASS, OF

PRODUCTION INAMANUFACTURING PROCESS, WHERE THE COMBINED QUANTITIES OF ALL MATERIALS INTRODUCED INTOTHE PROCESS, EXCLUDINGAIRANDWATER, 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 belowwhich the Administrator has designated as having negligible photochemical reactivity.] HAS THE SAME MEANINGAS IN 40 CFR 51.100(s), AS AMENDED FROMTIME TOTIME

. 

### [ Table 1(a)-1 Exempt Volatile Organic Compounds
acetone ethane methane cyclic, branched, or linear 

### completelymethylated 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

326Table 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(HFC43-lOmee) 3,3-dichloro-1,1,1,2,2-penta- 1,3-dichloro-1,1,2,2,3-penta

### fluoropropane (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 fluorinatedalkanes; (2)cyclic, branched, or linear, completely fluorinatedethers with no unsaturations;

327Table 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 fromsuch 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, flowthrough or border upon this state or any portion thereof]

.

StatementofPurpose:Toconsolidateinonelocation,totheextentpracticable,thedefinitionsoftermswhich areusedinmultiplesectionsoftheregulationsfortheabatementofairpollution

. Thisamendmentalsoclarifies andstreamlinesexistingdefinitionstoallow fortheimplementationoffederalrequirements

.



### B

. FinalWordingofProposedR .C.S.A

.22a-174-2and22a-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 newSection 22a-174-2a as follows: (NEW)
Section 22a-174-2a

. Procedural requirements for newsource review and Title Vpermitting(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 newauthorization 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 towhich 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 amfamiliar with the information submitted in this document and all

330attachments 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 TitleVsource shall not sign Title Vpermit applications or Title V- associated certifications unless such individual has responsibility for the overall operationof the TitleVsource 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 inmedia 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 suchnotice 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 aminor 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 municipalitywhere 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 Indiangoverning body whose lands may be affected by emissions fromthe subject stationary source

. In addition to the notice, a copy of the proposed Title Vpermit shall be submitted to such federally recognized Indian governing body; (F) The director of the air pollution control programin 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 ProtectionAgency

. In addition to the notice, a copy of the proposed Title Vpermit 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 newmajor stationary source or a major modification at a major stationary source, the commissioner shall forward a copy of the notice of tentative

332determination, 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 newmajor 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 fromtime 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 applicationunder 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 maybe 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 programin any affected state
or federally recognized Indian governing body with respect to any Title Vpermit issued pursuant to section 22a-174-33 of the Regulations of Connecticut State Agencies, the commissioner shall informsuch 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 fromtime 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 suchhearing 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 applicationunder 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 newmajor 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 affectedarea at least thirty (30) days prior to suchhearing 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) NewSource ReviewandTitle VNon-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 newsource reviewnonminor permit modificationunder 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 StateAgencies shall apply for and obtaina newsource reviewnon-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 Vsource 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 newsource review permit issued to the permittee under former section 22a335174-3(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 termor condition which had preventeda Title Vsource frombeing subject to an otherwise applicable requirement; (C) To relax the formor 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 fromtime to time, or as operational flexibility pursuant to 40 CFR 70.4(b)(12), as amended fromtime 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 fromthe 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 fromthe terms and conditions of the existingpermit until and unless the commissioner has modified that permit; and (C) Anon-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 newsource reviewnon-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

336non-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 CFR70.5(c), as amended from time to time; (B) Meet the requirements of 40 CFR 70.7(a)(1), (4), (5) and

(6) as amended fromtime to time; (C) Shall, where applicable, meet the requirements of 40 CFR 72 through 78, inclusive, as amended fromtime 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 fromreceipt 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 Vpermit to the Administrator

. (9) If, pursuant to section 22a-174-3a(f) of the Regulations of Connecticut State Agencies, the commissioner modifies a newsource reviewpermit 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 fromthe terms and conditions of the existing permit until and unless the commissioner has modified that permit; and (B) Anon-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) NewSource Reviewand Title VMinor Permit Modification(1) The permittee of any source that is subject to a newsource

reviewpermit 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 newsource reviewminor 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 anyTitle Vsource 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) Anymodification allowed pursuant to the Title Vminor permit modification criteria under 40 CFR70.7 (e) (2) (i) (A)(1) through (6), inclusive, as amended from time to time

. (3) The procedural requirements for all newsource reviewandTitle 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 fromthe 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

338filing 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 Vand newsource reviewminor 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 newsource reviewminor 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 fromtime to time, and shall be governed by 40 CFR 72 through 78, inclusive, as amended fromtime 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 Vminor permit modification; (D) The commissioner shall comply with the timetable for issuance set forth in 40 CFR70.7(e)(2)(iv), as amended fromtime 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 Vpermit 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 fromtime 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 newsource reviewpermit under this subsection without published notice, public comment, or hearing

. . (f) Permit Revisions (1) Exemptions

. The owner or operator of a stationary source may performthe 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 Vpermit amendment set forth in 40 CFR 70.7(d)(1)(v), as amended fromtime 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 Vpermit the commissioner shall comply with the applicable provisions of 40 CFR 70.7 (d)(2) and (3), as amended fromtime 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 Vpermit, such transfer shall comply with 40 CFR 70.7(d)(1)(iv), as amended fromtime 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) Apermittee 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 Vsource

. (3) The Administrator, pursuant to the Act, is authorized to revoke or revoke and reissue a Title Vpermit 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 fromany proposed modifications, and an identification of all regulatory, statutory, or otherwise applicable requirements that would become applicable as a result of suchproposed modifications

. (2) The owner or operator of a Title V source shall apply for a renewal of a Title Vpermit no later than twelve (12) months prior to the expiration date of suchpermit

. (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

.

342StatementofpurposeofSection22a-174-2a:Toadoptregulationstoestablishaminorpermitrevision

procedureforholdersofTitleVoperatingpermitsinaccordancewith40CFR70.7(e)(2);andtoprovide adequate,streamlined,andreasonableproceduresforexpeditiouslyprocessingpermitmodificationsin accordancewiththeconditionsimposedontheConnecticutDepartmentofEnvironmentalProtectionbythe UnitedStatesEnvironmentalProtectionAgency(EPA)intheproposedinterimapprovaloftheConnecticutTitle Vprogram

. SeeproposedinterimapprovaloftheConnecticutTitleVprogrambyEPA,61FederalRegister 64656(December6,1996),finalizedbyEPAat62FederalRegister13830(March24,1997)

. Inaddition,this proposalestablishesmodificationandrevisionproceduresforpermitsissuedpursuanttoformersection22a-174- 3orsection22a-174-3aoftheRegulationsofConnecticutStateAgencies

. Thisproposalalsoconsolidatesmany proceduralrequirementsthatmustbemetpriortotheissuanceofnew sourcereviewpermitsunderproposed section22a-174-3aoftheRegulationsofConnecticutStateAgenciesandTitleVoperatingpermitsundersection 22a-174-33oftheRegulationsofConnecticutStateAgencies

.



### C

. FinalWordingofProposedRC .S.A

.22a-174-3and22a-174-3a:

Sec

.4TheRegulationsofConnecticutStateAgenciesareamendedbydeletingsection22a174-3

. Sec

.5TheRegulationsofConnecticutStateAgenciesareamendedbyaddinganew section 22a-174-3aasfollows: (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) Newmajor stationary source; (B) Major modification; (C) Newor reconstructed major source of hazardous air pollutants subject to the provisions of subsection (m) of this section; (D) Newemission unit withpotential 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 suchunit 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 fromfuel 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 fromresidual 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 reviewgeneral permit to construct and operate a newor existing stationary source issued pursuant to section 22a-174(1) of the Connecticut General Statutes, (ii) a stripping facility used to remove VOC from contaminatedgroundwater or soil pursuant to an order issued by the commissioner, provided such facility has a control device with VOCremoval efficiencyof 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 tobe 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 accordancewith, 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 fromany 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 belowfifteen (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 intobinding agreements or contractual obligations to undertake constructionof 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 locatedon 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 flowdiagrams, (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 fromone or more of the following, unless the commissioner determines otherwise:
. (i) a continuous monitoring systemwhich has been certified by the commissioner, provided that such data may be taken froma source similar to that for which a permit is sought, (ii) stack testing data, provided such testing was conducted in accordance withprotocols preapproved by the commissioner inwriting and such test was observed by department staff; and further provided that such data may be taken froma 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 fromthe "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 fromthe newsubject stationary source or modification and actual emissions fromexisting stationary sources located at the premises over the preceding five (5) consecutive calendar years; (J) Compliance information pursuant to and-required by section 22a-6mof 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) Apermit 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

349standards 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 fromtime 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 airpollutant subject to, and in accordance with, subsection (1) of this section;

_ (J) Incorporate the maximumavailable 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 performmonitoring 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 fromsuch stationary source or modification, and in accordance with the commissioner's request, submit updated and current information regarding air pollutant emissions fromany other stationary sources located on the applicable premises; (M) Comply with any applicable maximumallowable 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 suchpermit 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

351section 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 formsatisfactory 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 reviewand 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 fromthe 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 fromthe 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 StateAgencies, 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 PERCUBIC 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)

353Regulations 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, fromeach 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, fromeach 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 peryear of any individual air pollutant, fromeach newemission unit and (D) Potential emissions of fifteen (15) tons or more per year of any individual air pollutant, froma 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 reviewand 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 newsource or modification under this subsection the commissioner may require for construction projects, including phased construction projects, that the permittee resubmit for reviewand 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 tomeet the commissioner's approval of BACT

. (9) The commissioner may allowthe 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 newequipment 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 newmajor stationary source for each criteria air pollutant that is significant fromsuch newmajor 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 suchpollutant, 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) Anet 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 peryear

. (4) The owner or operator of a newmajor 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 thannonmethane 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 accomplishedwithmonitoring data gathered over a periodshorter 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 fromsuch 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 Bduring 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 inTable 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 anyapplicable maximumallowable increase above baseline concentration established inTable 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) Apermit 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 fromthe new major stationary source or major modification

. Such calculation shall be based on: (i) the allowable emissions fromthe subject source or modification, (ii) the actual emissions fromall major stationary sources which were required to obtain a permit after the major source baseline date, (iii) the increased actual emissions fromall 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 suchmodifications are located on the owner's or operator's premises,

_ (iv) the actual emissions fromall 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 whichwill occur prior to the commencement of operation of the subject major stationary source or major modification, provided such reductions become enforceable

. (7) Apermit 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 inTable 3a(k)-1

.

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

AIR POLLUTANT EMISSION LEVELS (TONS PERYEAR) 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) 10Total Reduced Sulfur (including HzS) 10

R

### educed Sulfur Compounds (including - 

### 10 H2S) _

. SulfuricAcid 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 anddibenzofurans) Municipal Waste Combustor Metals 15 

### (Measuredas particulatematter) Municipal Waste~CombustorAcid 40 

### Gases (Measuredas sulfur dioxide andhydrogen chloride)

Table 3a(k)-2 MaximumAllowable 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 tovisibility, soils, andvegetation that would result fromconstruction and operation of the subject source or modification,and an analysis of the general commercial, residential, industrial and other associatedgrowth

. The owner or operator need not provide an analysis of the impact onvegetationhaving no significant commercial or residential value, (ii) an analysis, based uponmethods 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) adescriptionof thenature, location, design capacity andtypical operating schedule of the subject sourceor 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 towhat systemof 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 performany 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 ofthe 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 newmajor 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 modificationwould significantly outweigh its adverse environmental impacts, including secondary impacts and cumulative impacts, and social

362costs 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 Reviewand 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 newmajor stationary source, and (ii) a LAERdetermination for each air pollutant which would cause or contribute to aviolation of a National Ambient Air Quality Standard in an adjacent non-attainment area

. (B) Indetermining whether to approve LAER, the commissioner may take into account any emission limitation, including a visible emission limit

. The commissioner maydisregard any emissions test on a pilot plant or prototype equipment which does not have reasonable operating experience or whichmay 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 LAERprovided 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 LAERfor eachnon-attainment air pollutant; (E) If the owner or operator of the subject source or modificationhas 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 reviewunder this subsection and require implementation of LAER for suchmodifications;(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 fromother stationary sources on suchpremises, 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 suchapplication 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 fromstationary sources at any premises providing the offsetting emission reductions, (v) shall be based on the pounds per hour of potential emissions increase fromthe 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 inwhich the proposed activity would take place, and if emissions from such other non-attainment area contribute to a violation of a National AmbientAir 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 fromreductions 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 fromshifting 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 systemshall be in place and operating, and an appropriate record keeping systemis maintained to collect and record the data required toverify 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 fromthe 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 newmajor stationary source or major modificationwhich 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

367emit, 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 newcomponent(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) Amajor 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 ' reviewand any other applicable requirements of 40 CFR 63, Subpart A; (B) Amajor source of hazardous air pollutants de-listed by the Administrator pursuant to section 112(c)(9) of the Act; or (C) Amajor 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) Aproposed 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) Adescription of the subject source including identification of any listed source category or categories such source is includedwithin 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 maximumutilization capacity of such source, and the associated: (i) uncontrolled emission rates per year, and (ii) controlled emission rates per year; (G) Aproposed emission limitation for each hazardous air pollutant fromsuch source; (H) Supporting documentation for the proposed determination of MACT, such as an identificationof 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 theAdministrator under sections 112(d) or 112(h) of the Act, respectively; and (B) Complywith 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 maximumdegree 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 fromtime to time

. (7) Any permit issued pursuant to this subsectionwill require the permittee to complywith 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) ofthe 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

.

StatementofPurposeofsection22a-1743a:Thisamendmentstreamlinestheapplicabilityofthe requirementtoobtainanairpermit,therebyreducingtheadministrativeburdenofhavingtoapplyfor, butnotobtainanairpermit

.Thisamendmentprovidestheapplicationrequirementsandstandardsfor grantingapermitandpermitmodificationinsubsections3a(b)through3a(m)ofthissection

.This amendmentincreasesthethresholdforstatespecificprogramfrom5tonspotentialto15tonspotential therebyreducingtheburdenofhavingtoapplyforpermitsthatarenototherwisefederallyrequired

. ~ Thisamendmentalsoprovidesforexemptionsfromnew sourcereviewundercertainspecific conditions

. Inaddition,thisamendmentprovidesthespecificationsforusingsecuredemission reductioncreditstooffsetemissionincreaseswhichprovidesindustrywithflexibilitywhilecontinuing toensurecompliance

. Inaddition,thisamendmentdistinguishesbetweenamajormodificationand therequirementtoobtainapermitmodificationorrevisioninaccordancewithsubsection22a-174-2a

. Subsection(m)hasbeenamendedtoincludefederalCleanAirActrequirements;specifically, toincorporateMaximum AchievableControlTechnology(MACT)requirementsformajorstationary sourcesofhazardousairpollutantsintonew sourcereview

permitspursuanttoSection112(g)ofthe CleanAirAct

.



### D

. FinalWordingofProposedRC .S.A

.22a-174-3b:
TheRegulationsofConnecticutStateAgenciesareamendedbyaddingsection22a-174-3basfollows:

Section 22a-174-3b

. Exemptions frompermitting 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 newsurface to the pre-existing coat or paint on anautomobile or automotive component, including but not limitedto 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 roomwithin a building or a partitioned area within a roomhousing 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 performmaintenance and adjust equipment to

proper or required operating condition; and - (17) "Twelve (12) month rolling aggregate" means the sumof 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 withpotential emissions of fifteen (15) tons or more per year of any individual air pollutant; (B) The source is not a newmajor 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 fromsuch 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) Maximumrated 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 withwaste 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 maximumbuilding width; and (E) Atune-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 fromthe 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 eachnongaseous 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 performsuch 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 lowpressure 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 systemthat 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 closedwhen not inuse, or ' (iv) in a systemthat 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 inuse

. (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 fromthe 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 allowsuch engine to operate except duringperiods 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 fromthe 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 fromthe 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 eachnongaseous 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 onVOCs, hazardous air pollutants and particulate matter:

378(A) The VOCcontent 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 withparticulate control equipment that meets the following requirements: (i) includes a minimumcollection 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 fromthe 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 eachmonth and each twelve (12) month rolling aggregate; (B) Records of the hazardous air pollutant andVOC 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

379to 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 froma bulk petroleumprovider; (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 CFR63, Subpart Bas 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 fromapplying 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 complywith the requirements of this section while such application is pending

.StatementofPurposeforSection22a-1743b: Thissectionestablishesemissionslimitations,

operatingpractices,andrecordkeepingrequirementsforcertaincategoriesofstationarysourcesofair pollutiontorestrictemissionstolevelsthatarenotsignificantcontributionstoairpollution;and exemptssuchsourcesfromthepermittingprocessbyremovingownersandoperatorsfromthedutyto applyforandobtainindividualoperatingpermits

.



### E

. FinalWordingofProposedRC .S.A

.22a-174-3c:
TheRegulationsofConnecticutStateAgenciesareamendedbyaddingsection22a-174-3casfollows:

Section 22a-174-3c

. Limitations onpotential to emit for external combustionunits, emergency engines, automotive refinishing operations, nonmetallic mineral processing equipment and surface coating operations

. (a) Limitations onpotential 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 newor 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 maximumrated 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 maximumrated heat input less than 25 mmBTU/hr

. (3) The owner or operator of an external combustionunit 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 maximumrated 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 maximumrated 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 inaccordance 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 fromthe date such records are created

. (d) Applicable law

. Nothing in this section shall relieve an owner or operator fromany 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 sectionwhile such application is pending

. StatementofPurpose:Thissectionestablisheslimitationsonfuelpurchaseanduseandcoatingandsolvent useforcertaincategoriesofstationarysourcesofairpollutiontorestrictemissionstolevelsthatdonot contributesignificantlytoairpollution

. Anowneroroperatorofasourceoperatingincompliancewiththis

383sectiondoesnotneedtoobtainanindividualoperatingpermitoroperatethesourcetocomplywiththe

requirementsofsection22a-174-3boftheRegulationsofConnecticutStateAgencies

.


### F

. FinalWordingofProposedR .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 AirAct, as amended in 1990, 42 U.S.C

. 7401 et seq

. (2) "Administrator" means the Administrator of the United States Environmental ProtectionAgencyor his designee.] [(3) "Affected states" means the States of Massachusetts, NewYork, and Rhode Island and any other State located within fifty (50) miles of a Title Vsource.] [(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 TitleV 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 termor 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 programpursuant 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 FROMTIME TOTIME

. [(7) "Emissions unit" means any part or activity of a stationary source whichpart or activity emits or has the potential to emit any regulated air pollutant or any hazardous air pollutant.] (4) -DEVIATION" HAS THE SAME MEANINGAS 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] EXCLUDINGhydrogen sulfide ANDCAPROLACTAM

. [(9)](6) "Implementation date of this section" means APRIL 23, 1997

. [the earlier of:

(A) June 1, 1997; or (B) the date of interimor final approval of this section by the Administrator pursuant to 40 CFR Part 70.4.] [(10) "Maximumachievable 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 withparameters in accordance with applicable requirements or any particular procedures necessary to determine whether applicable requirements are beingmet.] [(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 SECTION22a-174-1 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; (C) [any] ANY pollutant [from] EMITTEDBY 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 froma substance subject to a stratospheric ozone protection requirement pursuant to 40 CFR [Part] 82, Subpart A, AppendixA or B;(E) [any] ANYpollutant 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 WITHSECTION 112(e)(3) OF THE ACT; (F) [any] ANY pollutant froma 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) "RESEARCHANDDEVELOPMENT OPERATION" MEANS ANYACTIVITYWHICH: (A) OCCURS INALABORATORY; (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, BASEDUPON PREVIOUSLY DISCOVERED SCIENTIFIC FACTS, PRINCIPLES OR SUBSTANCES; AND (C) DOES NOT INCLUDE (i) PRODUCTION FORSALE OF ESTABLISHED PRODUCTS THROUGHESTABLISHED PROCESSES, OR (ii) PRODUCTION OF APRODUCT FOR DISTRIBUTION THROUGHMARKET TESTINGCHANNELS

. [(13) "Throughput" means the rate of production byvolume 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 Vpermit" 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 ONwhich [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

386under (common] THE control of the same person or persons and which INTHE 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) NOTWITHSTANDINGTHE PROVISIONS OF SUBPARAGRAPH (F) OF THIS SUBDIVISION, ANY LANDFILL CONTAINING ONLY MUNICIPAL SOLIDWASTE, AS THAT TERMIS DEFINED IN SECTION22a207(23) OF THE CONNECTICUT GENERAL STATUTES, SHALL NOT BE CONSIDEREDATITLE VSOURCE UNLESS SUCH LANDFILL IS SUBJECT TOANYAPPLICABLE REQUIREMENT IDENTIFIED IN SUBPARAGRAPH (B) OR (D) OF THIS SUBDIVISION

. (b) Signatory Responsibilities

. [(1)] An application for a Title Vpermit, any form, report, compliance [certificate] CERTIFICATIONor other document required by a Title Vpermit, 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 :] INACCORDANCE WITHSECTION 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 250persons 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) Aduly authorized representative under subparagraph (A)(i) or (ii) of subdivision (1) of this subsectionmay 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 beengiven 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 operationof 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 newauthorization 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 Vsource shall comply with the applicable provisions of 40 CFR Parts 72 through 78, inclusive

. If suchprovisions 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 OWNEROR OPERATOR OF every Title V source

. (2) Notwithstanding subdivision (1) of this subsection ANDEXCEPTAS 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] _STANDARDof 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 bythe Administrator] OR DEFERRED fromthe requirement [of obtaining] TOOBTAIN a Title Vpermit[ .] : (i) BY THE TERMS OF THE APPLICABLE CFR, (ii) BY THE TERMS OF 40 CFR 70, (iii) BY THE ADMINISTRATOR, OR (iv) WITHTHEADMINISTRATORES 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 Vsource 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 fromsuch research and development operations fromthe total emissions [from] OF such [premise] PREMISES

. (Such premise] THE EMISSIONS FROMTHE REMAINDEROF SUCH PREMISES and research and development operations shall be separately evaluated BY THE COMMISSIONER for purposes of determining whether (a] Title V (permit is] PERMITSARE required FOR EACH PORTIONOF 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 uponpreviously 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 ORADMINISTRATOR DETERMINES THAT THE OWNER OR OPERATOR OF ANYTITLE VSOURCE THAT IS SUBJECT TOATITLE V GENERAL PERMIT ISSUED UNDERTHIS SECTIONHAS NOT COMPLIEDWITH SUCH GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE AVIOLATIONOF THIS SECTIONAND SUCH OWNEROR OPERATOR SHALL BE DEEMEDTOHAVE BEEN OPERATINGATITLE V SOURCE WITHOUT ATITLE VPERMIT

.(5) IF THE COMMISSIONER ORADMINISTRATOR DETERMINES THAT THE OWNER

OR OPERATOR OF ANY TITLE V SOURCE THAT IS SUBJECT TOATITLE V GENERAL PERMIT ISSUED UNDERTHIS SECTIONHAS NOT QUALIFIED FOR APPLICABILITY UNDER SUCH GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE AVIOLATIONOF THIS SECTIONAND SUCH OWNER OR OPERATOR SHALL BE DEEMEDTO HAVE BEEN OPERATINGATITLE VSOURCE WITHOUT ATITLE 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 Vpermit, the commissioner may, by permit or by order, limit ALL AGGREGATE potential emissions fromsuch [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 TOTHIS 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 suchpremise, maintainrecords indicating, for every month, throughput, hours of operation, and capacity; (D)] [maintain any record] MAINTAINALL 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

. INADDITION, THE COMMISSIONER MAY REQUIRE THE OWNEROR OPERATOR TO PUBLISHSUCH NOTICE IN OTHER MEDIAAND 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 fromwhom 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] _FORATENTATIVE DETERMINATION REGARDINGApermit APPLICATION UNDERTHIS SUBSECTION, OTHERTHANAGENERAL PERMIT, sends a copy of the notice required by section 22a-6h of the [general statutes] CONNECTICUT GENERAL STATUTES to[:] THOSE IDENTIFIED IN, ANDAS REQUIRED BY, SECTION22a-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 bodywhose lands may be affected by emissions fromthe premise which is the subject of suchpermit; (v) the Director of the air pollution control programin any affected state; and (vi) any individual who makes a request to the commissioner, inwriting, 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 programin any

(4) Following receipt of a request for a public hearing pursuant to [subdivision (d)(3) this subsection] SECTION22a-174-2a(c)(6) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, THE COMMISSIONER SHALL PUBLISHa 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

. INADDITION, THE COMMISSIONERMAY REQUIRE THE OWNEROR OPERATOR TO PUBLISHSUCH NOTICE IN OTHER MEDIAAND IN LANGUAGES OTHERTHAN 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 inor 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 StateAgencies

. (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 ORADMINISTRATOR DETERMINES THAT THE OWNER OR OPERATOR OF ANY PREMISES THAT IS SUBJECT TOAGENERAL PERMIT ISSUED UNDER THIS SECTION HAS NOT QUALIFIED FORAPPLICABILITY UNDER SUCH GENERAL PERMIT, SUCH NONCOMPLIANCE SHALL BE AVIOLATIONOF THIS SECTIONANDSUCH OWNEROR OPERATOR SHALL BE DEEMEDTOHAVE BEEN OPERATINGATITLE VSOURCE WITHOUTATITLE VPERMIT

. (10) IF THE COMMISSIONER OR ADMINISTRATORDETERMINES THAT THE OWNER OR OPERATOR OF ANY PREMISES THAT IS SUBJECT TOAPERMIT OR ORDER ISSUED UNDERTHIS SUBSECTION HAS NOT COMPLIEDWITHTHE TERMS OR CONDITIONS OF SUCH PERMIT OR ORDER, SUCH NONCOMPLIANCE SHALL BE A VIOLATIONOF THIS SECTIONANDSUCH OWNEROR OPERATOR SHALL BE DEEMED TOHAVE BEEN OPERATINGATITLE VSOURCE WITHOUTATITLE VPERMIT

.

394(11) THE COMMISSIONER SHALL SUBMIT THIS SUBSECTION FORAPPROVAL BY

THE ADMINISTRATOR UNDERTITLE I OF THE ACT TOAUTHORIZE THE ISSUANCE OF FEDERALLY ENFORCEABLE STATE OPERATING PERMITS IN LIEU OF TITLE V PERMITS

. ANY PERMIT ISSUED UNDERTHIS SUBSECTION SHALL NOT BE DEEMEDATITLE 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 AMACT STANDARD FOR ACATEGORY OF SOURCES CONSISTENT WITHTHE DEADLINE UNDERSECTION 112(j)(2) OF THE ACT, THENTHE COMMISSIONER SHALL DETERMINE AMACT STANDARD FORSUCH 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 allowemissions 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] AMACT standard FORACATEGORY OF SOURCES or upon notice from the commissioner TO THE OWNEROR 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 Vsource 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 termor condition] IS STRICTER THANASIMILAR PROVISION of an applicable permit issued pursuant to this section, [such provisions shall nonetheless apply to such source.] THE STRICTER PROVISIONSHALL PREVAIL

. (f) Timetable For Submitting AnApplication For ATitle VPermit

. (1) The owner or operator of a Title Vsource which is subject to this section shall not be required to apply for a Title Vpermit 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 fromthe commissioner that such application is required or by the date specified by suchnotice, whichever is earlier

. If such owner or operator does not receive such notice, such owner or operator shall apply for suchpermit 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 Vsource [which becomes subject to this section after its implementation date] shall apply for a Title Vpermit within ninety (90) days of receipt of notice fromthe 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 Vpermit 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] ORAS PROVIDED FOR BY THE ADMINISTRATOR, WHICHEVER IS EARLIER

. (4) The owner or operator of a NEWMAJOR STATIONARY (Title V]
source OR AMAJOR MODIFICATIONTOAN EXISTING MAJORSTATIONARY SOURCE to whoma Title Vpermit has not been issued andwho 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] UNDERSECTION22a-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 fromthe commissioner that such Title Vpermit is required or within twelve (12) months of COMMENCING OPERATIONUNDER [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 Vsource whowishes to apply] APPLICATION for renewal of a Title Vpermit shall [apply therefor] BE MADE no later than [six (6)] TWELVE (12) months prior to the date of expiration of (such] THE TITLE Vpermit

. [(6) Notwithstanding subdivisions (1) through (5) of this subsection, the owner or operator of a Title Vsource subject to 40 CFR Parts 72 through 78, inclusive, shall submit an application to the commissioner byJanuary 1, 1996pertaining to the emission of sulfur dioxide and byJanuary 1, 1998 pertaining to the emission of nitrogen oxides.] (6) NOTWITHSTANDINGANY OTHER PROVISIONOF THIS SUBSECTION, THE OWNEROR OPERATOR OF ATITLEV SOURCE SUBJECT TO40 CFR72 THROUGH 78, INCLUSIVE, WHICH BECOMES SUBJECT TOTHIS SECTIONAFTERJANUARY 1, 1998 SHALL SUBMIT ATITLEVAPPLICATIONTOTHE COMMISSIONER WITHINTHE TIME PROVIDED BY 40 CFR72.30 ORWITHIN NINETY (90) DAYS OF RECEIPT OF NOTICE FROMTHE COMMISSIONER THAT SUCHAPPLICATION IS REQUIRED, WHICHEVER IS EARLIER

.(g) TITLE VPERMIT Applications

.

(1) [(A)]An application for a Title Vpermit shall be made on forms [provided] PRESCRIBED by the [department] COMMISSIONER

. The application shall [complywith subparagraphs (B) through (G) of this subdivision and with subdivisions (2), (3) and (4) of this subsection] CONTAINTHE 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 ANDOF THE APPLICANT'S AGENT FOR SERVICE OF PROCESSAND, IF THE APPLICANT IS NOT THE OWNEROF THE SUBJECT SOURCE, THE LEGAL NAME ANDBUSINESS ADDRESS OF SUCH OWNERANDOF THE OWNER'SAGENT 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] Acompliance plan

pursuant to subsection (i) of this section MEETINGTHE REQUIREMENTS OF 40 CFR70.5(c)(8), [and a statement certifying notification pursuant to subsection (1) of this section.] ; (D) ACOMPLIANCE CERTIFICATION PURSUANT TOSUBSECTION (q)(2) OF THIS SECTION MEETINGTHE 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 OPERATINGSCENARIOTHAT 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 ANDDESCRIPTIONOF ANY [each such] alternative means of compliance WITHSECTIONS 22a-174-22 OR 22a-174-32 OF THE REGULATIONS OF

397CONNECTICUT 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] Acertification 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 Vpermit, 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, ANAPPLICATION FORATITLE V PERMIT shall provide the following information about the subject TITLE V source: (A) [for] FOReach 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 fromsuch 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 Vsource; (D) [the] THE calculations used by the applicant to determine whether such source is a Title Vsource towhich this section applies;(E) [a] Adescription of all air pollution control equipment [in use] USEDat the subject TITLE Vsource and a description of all monitoring equipment [inuse] USED at the subject TITLE Vsource to quantify [such] emissions or to determine compliance WITHANYAPPLICABLE REQUIREMENT; (F) [for] FOR each regulated air pollutant emitted or proposed to be emitted by the subject TITLE Vsource, 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 ADESCRIPTIONOF THE work [practice standards] PRACTICES to be implementedwhich 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 IDENTIFICATIONAND EXPLANATIONOF ANY EXEMPTIONS THE APPLICANT PROPOSES TO EXERCISE FROMOTHERWISE 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] INACCORDANCE WITHSECTION 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] APPLICATIONneed not CONTAIN.[provide] the information REQUIRED UNDERSUBDIVISIONS (1) AND (2) OF THIS SUBSECTION on those items or activities specified in subparagraphs (A) and (B) of this subdivision

. (A) Alaboratory 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 byone 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, andventilation systems which do not remove air contaminants generated by or released fromprocess or fuel burning equipment and which are separate fromsuch equipment ANDWHICHARE NOT SUBJECT TO40 CFR PART 82, (vii) routine housekeeping activities such as painting

buildings, roofing, and paving parking lots[;], (viii) all clerical andjanitorial activities[ ;], (ix) maintenance activities such as_ : THE MECHANICAL REPAIR OF [vehicle repair] VEHICLES[,] ; THE USE OF brazing, soldering andwelding 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 REGARDINGeach 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 Vsource [to which this section is applicable] OR TO IMPOSE ANAPPLICABLE REQUIREMENT

. [If] INADDITION, IF the commissioner determines the emissions fromany activity or items are needed to determine the applicability of this section or to impose any applicable requirement, the applicant shall list on the applicationsuch activities or items listed in subparagraphs (A) and (B) of

subdivision (3) of this subsection

. - (5) ANAPPLICATION TO RENEWOR MODIFY ATITLE VPERMIT SHALL BE MADE ON FORMS [PROVIDED] PRESCRIBED BYTHE COMMISSIONER AND IN ACCORDANCE WITHSECTION 22a-174-2a OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

. SUCHAPPLICATIONSHALL INCLUDE ADESCRIPTIONOF ANY PROPOSED CHANGES, A PROPOSED PERMIT, ANY PROPOSED MONITORING PROCEDURES, ANY CHANGES INACTUAL EMISSIONS RESULTINGFROMTHE PROPOSED CHANGES, ANDAN IDENTIFICATION OF ALL REGULATORY, STATUTORY, OR OTHERWISE APPLICABLE REQUIREMENTS THAT WOULDBECOME APPLICABLE AS ARESULT OF SUCH CHANGES

.
(h) TITLEVApplication Processing (1) _ANAPPLICANT FORATITLE VPERMIT SHALL NOT BE LIABLE FOR FAILINGTO OBTAIN SUCH PERMIT, UNLESS: (A) [the] _THE commissioner notifies the applicant INWRITING WITHIN SIXTY (60) DAYS OF RECEIPT OF ASUFFICIENT AND TIMELY FILEDAPPLICATION that [an] THE application [is not sufficient, in accordance with] FAILS TOMEET 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 COMMISSIONERNOTIFIES THE APPLICANT INWRITING subsequent to such [60] SIXTY (60) days, while processing an application for a TitleVpermit (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] ANDTHE applicant [shall] FAILS TO submit such information in writing within forty-five (45) days of such notification

. (2) An applicant for a Title Vpermit 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 ANDSUFFICIENT INFORMATION [or] upon THE APPLICANTOS becoming aware of any incorrect, INCOMPLETE, ANDor insufficient submittal, DURING THE PENDENCYOF THE APPLICATION, OR ANYTIME THEREAFTER, with an explanation for such deficiency and a certification pursuant to [subdivision (b)(4) of this section] SECTION22a-174-2a(a)(5) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES

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