Connecticut Department of

79 Elm Street • Hartford, CT 06106
-5127 www
.ct .gov/deep Affirmative Action/Equal Opportun ity Employer



### David Conroy, Chief Air Programs Branch EPA Region I 5 Post Office Square Suite 100 Mail Code OEPOS-02 Boston MA, 02109-3912 18 June 2015



### Re: Withdrawal of Portions of Previously Submitted State Implementation Plan Revision Dear Mr. Conroy, On April 22, 2014, the Connecticut Department ofEnergy and Environmental Protection (DEEP) submitted a revision to the State Implementation Plan concerning Connecticut's adoption of regulations to implement low sulfur fuel requirements for stationary sources. DEEP would like to modify the April 22, 2014 submission by withdrawing portions ofthe submission. Specifically, DEEP would like to withdraw Regulations ofConnecticut State Agencies sections 22a-174-19a(d)(l) and (g) , and 22a-l74-5(a). The withdrawn provisions are denoted with strikethrough font in Attachment A to this letter. Ifyou have any questions, please contact Merrily Gere ofmy staffat (860) 424-3416.

cc: Anne Arnold, EPA Region 1 Anne McWilliams, EPA Region 1 Sincerely,

Anne R. 

### Gobin Chief, Bureau ofAir ManagementAttachment A Revisions to RCSA sections 22a-174-19 and 22a-174-19a marked with brackets and underlined text to show the changes to the current SIP requirements and adoption ofRCSA section 22a-l74- l 9b, effective on April 15 , 2014, in the form filed with the Secretary ofthe State

.REGS-1 Rev

. 09/2013

NAME OF AGENCY : State of Connecticut 

### REGULATION of the 

### Energy and Environmental Protection Concerning Page 1of14

SUBJECT MATIER OF REGULATION : 

### Amendment of Section 22a-174-19 of the Regulations of Connecticut State Agencies (RCSA) Control ofSulfur Compound Emissions Amendment of Section 22a-174-19a ofthe RCSA Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources ofAir Pollution Amendment of Sections 22a-174-5(a) and 22a-174-5(b)(l) of the RCSA Methods for sampling, emission testing, sample analysis and reporting Adoption of Section 22a-174-19b of the RCSA Sulfur Content Limitations for Stationary Sources Section 

### 1. Section 22a-174-19 of the Regulations of Connecticut State Agencies is amended to read as follows: (a) [Fuel combustion. (a)(l) Definitions

. As used in subsections (a) through (f) inclusive: "Com bustible" means the heat-producing constituents ofa fuel. "Combustion" means the rapid chemical combination ofoxygen with the combustible element of a fuel resulting in the production ofheat. "Fuel" means a substance containing combustibles used for producing heat, light, power or energy. "Fuel merchant" means any person who offers for sale or sells, transfers, or provides in retail or wholesale trade, fuel, including agents, brokers, wholesalers, distributors, or producers who sell commercial or noncommercial fuel. "Fuel user" means any person who stores or utilizes commercial or non-commercial fuelJ'i)I**~he** 

### .. purpose ofcreating by combustion heat, light, power, or energy. 

### !J!Ji?!FiJ**~ ~£:** **::!:!h~** ..c::- L-:•2°»o**:-~** ,2- 

### " Gross heat input" means the total energy requirement for a premise for twelve ( 12)**co~§ ~_gt** **iv~** 

### months. :.':::j ;;::-.:: 1 (.;)W•J$;

. -J**.~:~:**

### ;.=

_ --f 

### "Heat input" means the actual firing rate ofthe fuel burning equipment.**.:::n ,~**  

### J>**f;:~ '**  

# -- <?)$!**~** -::- < U;;;j

...... . .t::'Page 2of14

"Premise" means the grouping ofall air pollutant emitting activities or sources at any one location and owned or under the control ofthe same person or persons. "Stack" or " chimney" means a flue, conduit or opening permitting particulate or gaseous emission into the open air, or constructed or arranged for such purpose.

" Sulfur dioxide (S02)" means a colorless gas at standard conditions which has the molecular formula S02. "Sulfur oxides (SOx)" means any compound made up only of sulfur and oxygen which for the purpose ofthis regulation will be calculated as sulfur dioxide (S02). (a)(2) Fuel users (a)(2)(i) No person, except as provided in subparagraphs (a)(2)(ii) , (a)(3)(i) and (a)(3)(ii), shall use or burn fuel which contains sulfur in excess ofa maximum ofone percent (1.0%) by weight (dry basis). Additionally, no fuel user shall cause or permit the installation or operation ofany fuel burning equipment with a heat input of250,000 BTU per hour or more which uses fuel containing any solid fuel without first obtaining the Commissioner' s approval by the issuance ofa stationary source operating permit for this purpose, unless the fuel user demonstrates to the Commissioner's satisfaction that the emissions of sulfur compounds (expressed as sulfur dioxide) from such equipment are 1.1 pounds per million BTU ofheat input or less. (ii) Under conditions offuel shortage emergency, as determined by the Commissioner, higher percentages of sulfur may be permitted by express approval ofthe Commissioner for temporary periods. (a)(3) Use offuel containing other than one percent (1 %) sulfur. (a)(3)(ii) Air pollution control/energy trade program. Notwithstanding the provisions of subsection (a)(2), the Commissioner may approve: (i) combustion ofa mixture offuels, or (ii) combustion of a single fuel, which contain(s) more than one percent (1

.0 percent) sulfur by weight (dry basis) provided that: (A) The emissions ofsulfur compounds (expressed as sulfur dioxide) from a given premise do not exceed 0.55 pounds per million BTU ofgross heat input; (B) The owner or operator ofthe premise applies for and obtains, prior to the burning of such fuel , a stationary source operating permit for this purpose ; and (C) The emissions do not prevent or interfere with either the attainment or maintenance ofany applicable air quality standard

. (a)(3)(ii) Emission limitation

. Notwithstanding the provisions of subdivision (a)(2) the Commissioner may approve the combustion ofa single fuel or a mixture offuels whichPage 3of14

contain(s) more than one percent (1 %) sulfur by weight (dry basis) for any fuel burning equipment provided that the emissions of sulfur compounds (expressed as sulfur dioxide) from such equipment do not exceed 1.1 poilllds per million BTU ofheat input. (a)(3)(iii) Ambient impact. Notwithstanding the provisions ofsubdivision (a)(2) or subparagraphs (a)(3)(i) and (ii) the Commissioner shall, by permit or order, limit the emission of sulfur compounds (expressed as sulfur dioxide) from any fuel burning equipment on a given premise to less than 1

. 1 pounds per million BTU ofheat input for any source which interferes with the attainment or maintenance of any applicable air quality standard. (a)(4) Fuel merchants (a)(4)(i) No fuel merchant, except as provided in subparagraphs (a)(4)(ii) and (iii) shall store, offer for sale, sell, make available, deliver for use or exchange in trade for use in Connecticut fuel which contains in excess ofone percent (1

.0%) sulfur by weight (dry basis). (a)(4)(ii) 

### In other than conditions offuel shortage emergency described under subsection (a)(2)(ii), fuel merchants seeking to store, offer for sale, sell, deliver for use or exchange in trade, for use in Connecticut, andfoel users seeking to create by combustion heat, light, power, or energy from fuels containing sulfur in excess ofthe maximums set by subsection (a)(2) under the conditions specified in subsection (a)(3) shall obtain the prior approval ofthe Commissioner

.

. (a)(4)(iii) The Commissioner may allow a fuel merchant to store, sell, or deliver fuel, which contains more than one percent (1 %) sulfur by weight (dry basis) to any fuel user who has been authorized to use such fuel by: (A) A variance pursuant to 22a-174-13; or (B) A permit pursuant to 22a-l74-3; or (C) Approval pursuant to 22a-l74-19(a)(2)(ii); or (D) Approval pursuant to 22a-174-19(a)(3); or (E) Authorization as a result ofany other action taken by the Commissioner. The Commissioner may take such action under this subparagraph without requiring any notice or hearing

. (a)(S) The Commissioner may require submission offuel analyses, results of stack sampling, or both, prepared at the expense ofthe merchant or user, to ensure compliance with the provisions of subsections (a)(l) through (a)(7) inclusive, and no person shall fail to submit such data when requested to do so by the Commissioner.**-~**

### ..**~~··** -**~---** ,..,...,... .._ .



### . . 

## .Page 4of14

(a)(6) Persons selling fuels in Connecticut shall maintain records of sales ofall fuel containing sulfur and shall make these records available for inspection by the Commissioner or his representative during normal business hours. This section shall not apply to any ofthe following fuels which have sulfur contents below two-tenths of one percent (0.2%) by weight (dry basis): distillate oil, motor vehicle fuel, aircraft fuel, or gaseous fuel. (a)(7) The provisions of subsection (a)(l) through (a)(6) inclusive shall not apply to fuels used by oceangoing vessels. (a)(8) No person shall cause or permit the flaring or combustion ofany refinery process gas stream or any other process gas stream that contains sulfur compounds measured as hydrogen sulfide in concentrations greater than 10 grains per 100 standard cubic feet (23 gm/l00 scm) of gas. (a)(9)(i) The provisions of subsections (a)(2)(i) above shall not apply to any coal burning equipment used primarily for educational or historical demonstrations or exhibits provided that the emissions from such fuel burning equipment do not interfere with either the attainment or maintenance ofany applicable air quality standard. These sources shall include, but are not limited to, blacksmith's forges, steam locomotives, and steamboats, provided, however, that such sources do not use or burn fuel which contains sulfur in excess ofone and one-halfpercent (1.5%) by weight (dry basis). (ii) As a prerequisite for exemption under the provisions of subsections (a)(9)(i), owners shall notify the Commissioner prior to commencement of said operation. (iii) The Commissioner may revoke or modify an exemption under subsection (a)(9) ifhe determines that operation ofthe source will (1) prevent or interfere with the attainment or maintenance ofany applicable air quality air standards, or (2) create a substantial health problem

. (iv) All fuel merchants are authorized to sell fuel to any owner or operator granted an exemption pursuant to subsection (a)(9) above. In addition to the requirements ofsubsection (a)(7) above, all records shall include the sulfur content ofthe fuel.] Reserved. 

### (b) Sulfuric acid plants. No person shall cause or permit sulfur [oxides] compound, expressed as sulfur dioxide, emissions which exceed 6.5 pounds per ton (3.25 kg/ metric ton) ofone hundred percent (100%) acid produced. (c) Sulfur recovery plants. No person shall cause or permit the emission of sulfur [oxides] compounds, expressed as sulfur dioxide, from a sulfur recovery plant to exceed 0.01 pounds (kg) per pound (kg) of sulfur processed.Page 5of14

(d) Nonferrous smelters

. No person shall cause or permit the emission of sulfur [oxides] compounds, expressed as sulfur dioxide, from primary non-ferrous smelters to exceed that set forth according to the following equations. Copper smelters: Y 

### = 0.2 X Zinc smelters: Y 

### = 0.564 

### X[O 85] 0.85 Lead smelters: Y 

### = 0.98 

### X[O 77] 0.77 Where X is the total sulfur fed to the smelter in lb/hr and Y is the allowable sulfur dioxide emissions 

### in lb/hr. (e) Sulfite pulp mills. No person shall cause or permit the total sulfite pulp mill emissions ofsulfur [oxides] compounds, expressed as sulfur dioxide, from blow pits, washer vents, storage tanks, digester relief, recovery system, etc., to exceed 9.0 pounds per air-dried ton (4.5 kg/metric ton) ofpulp produced. (f) Other process sources . Notwithstanding the provisions ofsection 22a-174-18(f) ofthe Regulations of Connecticut State Agencies, process sources not covered 

### in subsections (b) through (e) ofthis section shall not emit sulfur [oxides] compounds [(L expressed as sulfur dioxide[)L 

### in the stack effluent 

### in concentrations [which] that exceed 500 parts per million at standard temperature and pressure. 

### Sec. 2. Section 22a-174-19a(c) ofthe Regulations ofConnecticut State Agencies is amended to read as follows: (c) [Sulfur dioxide emission standards and fuel sulfur limits effective on and after January 1, 2002. On and after January 1, 2002 and except as provided 

### in subsection (f) ofthis section, the owner or operator ofan affected unit or units shall : ( 1) Com bust liquid fuel, gaseous fuel or a combination ofeach provided that each fuel possess a fuel sulfur limit ofequal to or less than 0.5 % sulfur, by weight (dry basis) ; (2) Meet an average emission rate ofequal to or less than 0.55 pounds S02 per MMBtu for each calendar quarter for an affected unit at the premises; or (3) Meet an average emission rate ofequal to or less than 0

.5 pounds S02 per MMBtu calculated for each calendar quarter, if such owner or operator averages the emissions from two or more aff ected units at the premises.] 

### Reserved.Page 6of14

Sec. 3. Section 22a-174·19a(d)(l) ofthe Regulations of Connecticut State Agencies is ameuded to t'ead as follows: (1) No la:tet tha:n the following March 1, for each calendar year, [connnencing Jarmary 1, 2002,] the O'.Vner or operator ofeaeh affeeted lH'l::it that is also a Title IV sottree shall retire one 802 allovtattee, rotttttled ttp to the next whole ton, fur each ton ofS02 emitted in the state of Cmraeetiettt. Tllis reqttifemefl:t is ifi additiofl to 

### MY other reqttifements imposed on the o"vVtter or operator ofa Title IV soUToe by the Administrator ooder 40 CFR [Parts]72 and 73. Sec. 4. Section 22a-174-19a(e) of the Regulations of Connecticut State Agencies is amended to read as follows: (e) Sulfur dioxide emissions standards and fuel sulfur limits [effective on and after January 1, 2003]. [Notwithstanding the provisions of subsection (b) ofthis section, this subsection shall apply, on and after January 1, 2003, to the owner or operator ofa Title IV source that is also an affected unit or units

. On and after January 1, 2003, such] The owner or operator ofan affected unit shall: ( 1) Com bust liquid fuel, gaseous fuel or a combination ofeach provided that each fuel possess a fuel sulfur limit ofequal to or less than 3000 ppm (0.3 % sulfur, by weight) [(dry basis)]; (2) Meet an average emission rate ofequal to or less than 0.33 pounds S02 per MMBtu for each calendar quarter for an affected unit at a premises; or (3) Meet an average emission rate ofequal to or less than 0.3 pounds S02 per MMBtu calculated for each calendar quarter, if such owner or operator averages the emissions from two or more affected units at a premises. See. S. 8uhseetiou (g)(l) of seetiou 22a 174 19a of the Regulations of Conneetiettt State Ageeeies is ameeded to Fead as fallows; (g) Fttel emergetteies. (1) The commissioner may sYspend the**n,~q;airnments** ofsulm:ction [(c) or] (e) ofthis section fur the ovmer or operator ofimy affeetcd ttfiit ttsing a low sulfur fuel. For the purposes ofthis subsection, a lovt sttlfur fuel is 

### MY solid, liquid or gaseous fuel with a sulfur eontent equal to or less than [0.5% by weight, dry basis] 3000 ppm (0.3% by 'Neight). 8ueh suspension shall ee made only 'Nhen the eommissioner finds that the a:vaila.bility offuel that complies v,rith sYch rnqwrnments is inadequats to mest ths nesds ofresidential, commercial and industrial Yssrs in this state and that such ifladequate supply eonstitutes aH cmergefl:ey

.Page 7of14

Sec. 6. Section 22a-174-19a(i) ofthe Regulations of Connecticut State Agencies is amended to read as follows: (i) Record keeping. (1) The owner or operator ofan affected unit who demonstrates compliance with this section by meeting the applicable fuel sulfur limits of [subsections (c)(l) or] subsection (e)(l) ofthis section shall make and keep records in accordance with the following: (A) Iffuel with sulfur content not exceeding an applicable fuel sulfur limit is the only fuel purchased and combusted by an affected unit, then the owner or operator shall make and keep records that demonstrate the fuel sulfur content ofeach shipment offuel received; or (B) Iffuel with sulfur content above any applicable limit is blended at the premises for combustion in an affected unit or units, the owner or operator shall make and keep daily records demonstrating that all fuel combusted at the affected unit or units meets the applicable fuel sulfur limits of subsection [(c)(l) or] (e)(l) ofthis section. Fuel sulfur analysis shall be conducted in accordance with the American Society for Testing and Material (ASTM) test method D4294 and automatic sampling equipment shall conform to ASTM test method D4177-82, or a more recent version ofthe same method

. (Copies ofASTM test methods [D4294 and D4177-82] referenced 

### in this section may be obtained from the Department of Environmental Protection, Bureau ofAir Management, 79 Elm Street, 5th floor, Hartford, CT 06106-5127; (860) 424-3027). (2) The owner or operator ofan affected unit who demonstrates compliance with this section by meeting the average S02 emission rate limits of subsections [(c)(2), ( c)(3),] ( e)(2) or ( e)(3) of this section shall make and keep records in accordance with the following: (A) For affected units that are also Title IV sources, hourly S02 emission rate values determined from data measured by a CEMS in accordance with the applicable provisions of40 CFR 75; (B) For affected units that are not Title IV sources: (i) hourly S02 emission rate values determined from data measured by a CEMS in accordance with the applicable provisions ofeither 40 CFR 60 or 75, or (ii) if any affected unit does not have a CEMS in accordance with either 40 CFR 60 or 75, then hourly S02 emission rate values determined from data measured by a CEMS or other monitoring system; andPage 8of14

(C) For all affected units, quarterly facility S02 emission rate averages, determined by dividing total quarterly S02 emissions by total quarterly heat input values for all affected units at the facility. (3) The owner or operator ofan affected unit shall keep the records specified in subdivision (1) or (2) ofthis subsection at the premises for a period offive years. [Such records need not be maintained for distillate oil, motor vehicle fuel, aircraft fuel, or gaseous fuel, provided such fuels have a sulfur content below (0

.3% by weight) (dry basis) and are the only fuels combusted at the affected unit. This exemption shall not apply when such fuels are combusted in combination with other fuels having sulfur contents above (0

.3% by weight) (dry basis).] Sec. 7. The Regulations of Connecticut State Agencies are amended by adding section 22a174-19b as follows: 

### (NEW) Section 22a-174-19b. Fuel Sulfur Content Limitations for Stationary Sources. (a) Definitions. For the purposes ofthis section: (1) "Aviation fuel" means a refined petroleum distillate defined in ASTM D1655, Standard Specification for Aviation Turbine Fuels, or the current active version thereof. "Aviation fuel" includes Jet A and Jet A-1 but does not include Jet B. (2) "Combustion" means the rapid chemical combination ofoxygen with the combustible element ofa fuel resulting in the production ofheat. (3) "Fuel" means distillate fuel oil, residual oil, blends ofdistillate fuel oil and biodiesel fuel, blends ofresidual oil and biodiesel fuel, aviation fuel or kerosene. (4) "Kerosene" means a refined petroleum distillate defined in ASTM D3699-08, Standard Specification for Kerosine, or the current active version thereof. (5) "Sulfur dioxide" or "S02" means a gas that at standard conditions has the molecular form S02. (b) Applicability. Except as provided in subsection (c) or (e) ofthis section, this section applies to any person who, on or after July 1, 2014, sells, supplies, offers for sale, stores, delivers or exchanges in trade in the state ofConnecticut any fuel for combustion in a stationary source in the state ofConnecticut and to any person who, on or after July 1, 2014, combusts any fuel in a stationary source within the state ofConnecticut. (c) Exemptions. The persons and fuels identified in this subsection are exempt from regulation pursuant to this section. (1) The requirements ofthis section shall not apply to the fuel combusted in a mobile source.

, - ¥

- .I 1, ,, _ , ,

- ' '

.. ....... t'

. - . . , ..Page 9of14



### (2) This section shall not apply to any person storing fuel in the state ofConnecticut for shipment, sale and use outside ofthe state ofConnecticut. (3) Fuel stored in the state ofConnecticut that meets any applicable sulfur content limitation at the time it is stored in the state ofConnecticut may be stored, offered for sale, sold, delivered or exchanged in trade for combustion in the state ofConnecticut and combusted in the state of Connecticut even ifthe sulfur content limitation applicable at the time of storage has been changed subsequent to the date of storage. ( 4) This section shall not apply to a person combusting fuel in fuel-burning equipment undergoing testing as part ofa research and development operation. (5) The requirements ofthis section shall not apply to: (A) Any person combusting fuel in a stationary source for which the fuel is subject to limitation under section 22a-174-19a ofthe Regulations ofConnecticut State Agencies; or (B) Any person selling or storing fuel for sale to a person identified in subparagraph (A) ofthis subdivision. (6) The requirements ofthis section shall not apply to any person who sells, supplies, offers for sale, stores for sale or combusts number two heating oil subject to the sulfur content limitations of section 16a-21a ofthe Connecticut General Statutes. (7) Any fuel in 

### equipment that is leased or rented outside ofthe state ofConnecticut for use in Connecticut may be combusted in the state ofConnecticut regardless ofthe sulfur content, provided that all refueling of such leased or rented equipment performed while in 

### Connecticut complies with the fuel sulfur content limits ofTable 19b-1 ofthis section.


### (d) Fuel oil sulfur content limitations. (1) No person shall store, offer for sale, sell, deliver or exchange in 

### trade, for combustion in 

### a stationary source in 

### the state ofConnecticut, fuel that contains sulfur in excess ofthe applicable limitation set forth in Table 19b-1 ofthis section, except as provided in subsection (c) or (e) of this section

. (2) No person shall combust fuel in a stationary source that contains sulfur in excess ofthe applicable limitation set forth in Table 19b-1 ofthis section, except as provided in subsection (c) or (e) ofthis section. (3) Notwithstanding compliance with subdivision (1) or (2) ofthis subsection, the commissioner may, by permit or order, impose additional restrictions on any owner or operator to limit the emission of sulfur compounds, expressed as sulfur dioxide, from any stationary source combusting fuel ifthe commissioner determines that operation of such equipmentPage 10 of 14



### interferes with the attainment or maintenance ofany applicable ambient air quality standard

. Table 19b-l Maximum Fuel Sulfur Content Fuel Type Effective July 1, 2014 through June 30, 

### Effective on and after 2018 July 1, 2018 Distillate fuel oil or distillate fuel oil blended with biodiesel fuel 500 ppm (0.05%) by weight 15 ppm (0.0015%) by weight Residual oil or residual oil blended with biodiesel fuel 10,000 ppm (1.0 %) by weight 3000 ppm (0.3%) by weight Aviation fuel combusted in a stationary source 3000 ppm (0

.3%) by weight 3000 ppm (0.3%) by weight Kerosene 400 ppm (0.04%) by weight 15 ppm (0.0015%) by weight
(e) 

### Fuel shortage emergency. (1) 

### Under conditions ofa fuel shortage emergency, as determined by the commissioner, the commissioner may approve in writing the sale or combustion offuel with a sulfur content that exceeds the applicable limitation in Table 19b-l ofthis section. Any person seeking an approval under this subsection shall submit a request in writing to the Bureau ofAir Management, Director ofEngineering and Enforcement. Such request shall include: (A) A detailed statement describing the reason for the fuel shortage and the acute nature ofthe shortage. A fuel shortage may be ofa type for firing in a particular emission source or generally throughout the state; (B) A statement that the acute nature ofthe shortage is the only reason for the request; and (C) 

### A signature ofa responsible official as described in section 22a-174-2a(a) ofthe Regulations ofConnecticut State Agencies. (2) The commissioner may approve a request under this subsection provided: (A) The requester has provided sufficient information concerning the fuel shortage; (B) The request states that the acute nature ofthe shortage is the sole reason for the

### Page 11of14



### request; (C) The request is signed by a responsible official ; and (D) Approval ofthe request will not create a condition that will cause imminent danger to the environment or public health. (3) The commissioner shall notify the Administrator not later than five days after granting a request to sell or com bust fuel that exceeds the limitations in Table 19b-1 ofthis section. (4) In approving any request under this subsection, the commissioner shall specify, in writing, the period oftime such suspension shall be in effect, provided such period oftime shall not exceed 90 days. (5) The provisions ofthis subsection shall be pre-empted when the Governor declares that an energy or fuel supply emergency exists.
(f) Compliance determinations. 

### ( 1) Any person selling fuel subject to a sulfur content limitation set forth in Table 19b-1 shall determine the sulfur content and quantity ofeach type offuel sold

. (2) Any person selling fuel subject to a sulfur content limitation set forth in Table 19b-1 shall provide certification ofthe sulfur content ofthe fuel to each purchaser offuel. (3) Sulfur content shall be analyzed in accordance with American Society for Testing and Material (ASTM) test method D4294-10, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry, 

### or D7039-07, Standard Test Method for Sulfur in Gasoline andDiesel Fuel by Monochromatic Wavelength Dispersive X-ray Fluorescence Spectrometry, 

### or the current active version thereof , and automatic sampling equipment shall conform to ASTM test method D4177-95(2010), Standard Practice for Automatic Sampling of Petroleum andPetroleum Products, 

### or the current active version thereof. (4) Any person may request the use ofa method to analyze the sulfur content offuel other than the method identified in subdivision (3) ofthis subsection, ifthe method is approved by a voluntary standards body such as ASTM or the International Standards Organization

. Such a request shall name and describe the alternative method for which approval is sought, the approving organization, and shall be submitted to the commissioner and Administrator for review and approval. Such alternative method may not be the sole method used to determine the sulfur content offuel until approved by the commissioner and the Administrator

.

### Page 12of14
(g) Record keeping and reporting for fuel users and merchants. (1) Persons selling and combusting fuels in Connecticut subject to the requirements ofthis section shall maintain records ofinformation necessary for the commissioner to determine compliance with the requirements ofthis section. (2) Any person who sells fuel subject to the requirements ofthis section shall maintain records ofthe sulfur content offuels sold, the heating value of such fuels and the quantities of fuels sold. (3) Any person combusting fuel subject to the requirements ofthis section shall maintain records ofthe sulfur content ofthe fuel combusted and the quantity purchased for combustion. A

. written certification or a written contract with a fuel supplier is sufficient to satisfy the requirements ofthis subdivision ifthe certification or contract identifies: (A) The name ofthe fuel seller; (B) The type offuel purchased; (C) The sulfur content ofthe fuel purchased; and (D) The method used to determine the sulfur content ofthe fuel purchased. (4) All records made to demonstrate compliance with the requirements ofthis section shall be: (A) Made available to the commissioner to inspect and copy upon request; and (B) Maintained for five (5) years from the date such record is created. 

### Sec. 8. Section 22a-174-5(a) and (b)(l) ofthe Regulations of Connecticut State Agencies is amended to read as follows: 

### (a) 

### 4Jl i;am.pling, emission testing, and reportiag shall be doB:e in 

### aeeofd!ttiee \.vftft proeedttre:rs prescribed by or acceptable to the CoH11Rissioner uader subsection [22a 174 5(d)] (d) ofthls section ofthe Regulations ofConnecticut State AgeB:eies or specified in 

### B:Hotftef section ofthe Regttlatiotts ofComeetieut St!tte Agetteies adopted tm:der chapter 446e ofthe Connecticnt Genernl Stattttes. (b) Sampling and emission testing methods. (1) Analysis for the sulfur content ofliquid fuels shall be done according to the American Society for Testing and Materials method D 4294, D 7039 or the most current methods approved by the American Society for Testing and Materials for the analysis of sulfur content ofliquid fuels.REGS-1 Rev

. 09/2013 Page 13of14 Statement ofPurpose The primary purpose ofthis proposal is to reduce the sulfur content offuel oils burned in stationary sources to reduce emissions of sulfur dioxide (S02), an air pollutant and a contributor to the formation ofthe pollutant fine particulate matter (PM2.5). The reduction in S02 emissions is important to reduce visibility-impairing emissions that contribute to regional haze and protect the public health from the adverse health impacts of S02 and PM2.5 pollution. Connecticut is a member ofa regional planning organization, the Mid-Atlantic/Northeast Visibility Union (MANEVU), which coordinates regional haze planning efforts to comply with section 169A ofthe federal Clean Air Act. 

### In 2007, recognizing that S02 is the main contributor to visibility impairment, the MANEVU states agreed to pursue fuel sulfur content limitations for distillate and residual fuel oils. The significant new elements ofthis proposal are those ofnew section 22a-174-19b ofthe Regulations of Connecticut State Agencies (RCSA), which include fuel sulfur content restrictions for distillate, residual, kerosene and aviation fuels used in all non-mobile equipment such as boilers, turbines and engines. These new fuel sulfur content restrictions are much more stringent than those ofcurrent RCSA section 22a-174-19. RCSA section 22a-174-19 is a regulation ofgeneral applicability that currently includes fuel sulfur content restrictions higher than those proposed in RCSA section 22a-174-19b. The less stringent fuel sulfur content restrictions ofRCSA section 22a-174-19 are eliminated in this proposal. RCSA section 22a-174- 19a includes provisions to limit S02 emissions from large electric generating units and industrial boilers, and those requirements are not changed by this proposal. RCSA section 22a-l74-5(a) includes clarifying language and RCSA section 22a-174-5(b)(l) adds an allowable test method. The more stringent fuel sulfur content limitations will mainly impact fuel suppliers, who will need to obtain compliant fuels, maintain records ofthe sulfur content offuel sold and provide a certification to purchasers concerning the sulfur content offuel. The proposal recognizes that Connecticut General Statutes (CGS) section 22a-l98 regulates the sulfur content offuel used in large electric generating units and industrial boilers, and the regulation does not revise the sulfur content limitations for those sources. The proposal also recognizes the authority of CGS section 16a-21a, as amended by the Connecticut General Assembly in the 2013 legislative session, to limit the sulfur content ofhome heating oil and off-road diesel fuel. The fuels regulated by CGS section 16a-21a are exempt from regulation under the proposal. However, under CGS section 16a-21a, the sulfur content ofhome heating oil is subject to the same sulfur content limitations as distillate fuel oil in new RCSA section 22a-174-19b, and the standards apply on the same schedule.REGS-1 Rev. 09/2013 Page 14of14 CtERTBFHCATION I hereby certify that the above Regulation(s). ) is/are (check all that apply) 

### [g] adopted 

### [g] amended 

# D repea led by this agency pu rsuan t to the following auth ority (ies): (complete all that apply) a. Connecticut General Statutes section(s) 22a-174. 22a- 1 98

. b. Public Act Number(s)

__ . And I further certify 2) that Notice of Intent to adopt, amend, or repea l said regulation(s) was electronically submitted to th e Secretary of the State on 8/20/1 3, and posted to the Secretary's regulations website on 8/21 /13 ; 3) and that a pub l ic hearing regard ing the proposed regulation(s) was held on 10/9/13 or 

# D that no public hearing was held ;

. , / ,)z,:,13 4) and that notice of Deci sion to Take Action on sai d regu lation s was electronically submitted to the Secretary of th e State on )C:.,•1:11, and posted to the Secretary's regul ation s website on**17./2t.~ ;**  · i 5) and that said regulation(s) is/a re EFFECTIVE 

### [g] When posted on line by th e Secretary of the State. OR 

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__ . 6) SIGNED (Head ofBoard , Agen cy or Commission) OFF ICIAL TITLE, DULY AUTHORIZED 

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# \i Ca f"\I"'-; 

## .ss1'"WC(\ DATE

al sufficiency in accordance with CGS Section 4-169, as amended
DATE OFF IC IA L T ITLE , DULY AUTHORIZED 

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_ 

# A

.

# c-. Proposed r egulations are DEEMED APP,ROV, D by t he Attorney General in accordance with CGS Section 4
- 169, as amended, ifthe Attorney General fails to give notice to the agenc y ofany 1 b.gh 1nsufficiency w ithin thirty (30) days ofthe receipt ofthe proposed regulation.

(For Regulation Review Committee**~NL** Y) .--./ APPROVED 

## D in WHOLE or WITH 

### l2'.f technical corrections 

### L0'deletions 

## D substitute pag es 

# D DEEMED APPROVED , pursuant to CGS 4- 1 70(c), as amend ed

. 

## D Rejected without Prejudice 

## D Disapproved, pur suant to CGS 4- 1 7 0(c), as amend By the Legislative Regulati on Review DATE Committee in acco rdance with CGS Section 4-170, as amended 

### mare

### h 

### d-'S:f d o l 

### L./

lri accordance with CGS Section 4-172, as amended by PA 13-247 and PA 13
-274, one c with agency head certification statement received on the date(s) s pecified below. DATE SIGNED (Secretary ofthe St ate) BY

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### ...... (For Secret ary ofthe State U se ONLY) ..l::::..:: n**~** SOTS fil e sta mp: :::-:<n ;;;"Q Date Posted to SOTS Regulation s Website :**:~r-- ,..,,**  ::.... 

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## ;g**:!::~ ~=;;** **:r ~.:;;,** **·~** I Date Electronic Copy Forwarded to the**.:;;~:· ~**  -J Commission on Offici al Lega l Publications :

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