Attachment F 

The Connecticut General Assembly 

Edwin J. Maley, Jr. 

Commissioner 

William A. Hamzy 

Commissioner 

Larry G J. Shapiro 

Director 

Memorandum 

To: 

From: 

Legislative Commissioners' Office 

Legislative Office Building 

Suite 5500 

Hartford, Connecticut 

06106-1 59 1 

(860) 240-84 1 0 

fax (860) 240-8414 

e-mail: lco@cga.ct.gov 

Legislative Regulation Review Committee 

Legislative Commissioners' Office 

Committee Meeting Date: March 25, 2014 

Regulation No: 

Agency: 

Subject Matter: 

Statutory Authority: 

{copy a!fached) 

2014-2 

Department of Energy and Environmental Protection 

Fuel Sulfur Content Limitations for Stationary Sources 

22a-174, 22a-198 

Mandatory 

Federal Requirement 

Permissive 

Yes or No 

y 

y 

N 

For the Committee's Information: 

Substantive Concerns: 

Technical Corrections: 

1. On page 8, in section 22a-174-19b(a), in the first line, a colon should be inserted after 

"section" and "the definitions provided in this subsection shall apply. Terms used in this 

1 

- 1 ' I• r - ,.. "• ~ •-,,. '- _ -.-. ,.., - ,_. .• - • _ ' - • -· ~ • • • a. _. -
section that are not defined in this subsection are as defined in section 22a-l 74-1 of the 

Regulations of Connecticut State Agencies." should be deleted as unnecessary. 

2. On page 9, in section 22a-174-19b( c )( 4), "research and development program" should 

be "research and development operation", for consistency. 

3. On page 9, in section 22a-174-19b(c)(5)(A) and (B), "A person" should be "Any 

person" , for proper form. 

4. On page 9, in section 22a-l 74-19b(c)(6), "a person" should be "any person", for proper 

form. 

5. On page 10, in section 22a-l 74-19b(e)(l), in the first line "a" should be inserted before 

"fuel shortage", for proper form. 

6. On page 10, in section 22a-174-19b(e)(l), in the last line, "Enforcement, where such 

request" should be "Enforcement. Such request", for proper form. 

7. On page 11 , in section 22a-174-19b(e)(3), "within five days of' should be "not later than 

five days after", for clarity. 

8. On page 11 , in section 22a-l 74-19b(e)(4), "subparagraph" should be "subsection", for 

accuracy and "in writing" should be" , in writing,", for proper form. Additionally, "where 

such time" should be "provided such period of time" , for clarity. 

9. On page 11 , in section 22a-174-19b(f)( 4), "A person" should be "Any person", for 

proper form. 

10. On page 12, in section 22a-174-19b(g)(l), in the last line, "subsection", should be 

"section", for accuracy. 

11. On page 12, in section 22a-174-19b(g)(2), "subject to the requirements ofthis section" 

should be inserted after "fuel", for accuracy and "of such fuels" should be inserted after 

"heating value", for clarity. 

12. On page 12, in section 22a-174b-19b(g)(3), in the first line, "subject to the 

requirements of this section" should be inserted after "combusting fuel" , for accuracy. 

13. On page 12, in section 22a-174b-19b(g)(4), "subsection" should be "section", for 

accuracy. 

14. On page 12, in section 22a-l 74-5(a), "[subsection] section 22a-174-5(d) of the 

Regulations of Connecticut State Agencies" should be "subsection [22a-174-5( d)] (d) of 

this section", for clarity. 

2 
Recommendation: 

Reviewed by: 

Date: 

lr 

x 

x 

x 

Approval in whole 

with technical corrections 

with deletions 

with substitute pages 

Disapproval in whole or in part 

Rejection with~ut J>rejudice 

I 

Bradford M. Towson I Shannon McCarthy 

March 11 , 2014 

3 
Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations. 

Fees. Exemptions. General permits. Appeal of commissioner's action re permit 

applications. (a) The commissioner, in the manner provided in subdivision (1) of section 

22a-6, shall have the power to formulate, adopt, amend and repeal regulations to control 

and prohibit air pollution throughout the state or in such areas of the state as are affected 

thereby, which regulations shall be consistent with the federal Air Pollution Control Act 

and which qualify the state and its municipalities for available federal grants. Any person 

heard at the public hearing on any such regulation shall be given written notice of the 

determination of the commissioner. 

(b) The commissioner shall have the power to (1) enter into contracts with technical 

consultants, including, but not limited to, nonprofit corporations created for the purpose of 

facilitating the state's implementation of multistate air pollution control programs, for 

special studies, advice and assistance; to consult with and advise and exchange information 

with other departments or agencies of the state; and (2) serve on the board of directors of a 

nonprofit corporation, including, but not limited to, a nonprofit corporation created for the 

purpose of facilitating the state's implementation of multistate air pollution control 

programs. 

( c) The commissioner shall have the power, in accordance with regulations adopted by 

him, (1) to require that a person, before undertaking the construction, installation, 

enlargement or establishment of a new air contaminant source specified in the regulations 

adopted under subsection (a) of this section, submit to him plans, specifications and such 

information as he deems reasonably necessary relating to the construction, installation, 

enlargement, or establishment of such new air contaminant source; (2) to issue a permit 

approving such plans and specifications and permitting the construction, installation, 

enlargement or establishment of the new air contaminant source in accordance with such 

plans, or to issue an order requiring that such plans and specifications be modified as a 

condition to his approving them and issuing a permit allowing such construction, 

installation, enlargement or establishment in accordance therewith, or to issue an order 

rejecting such plans and specifications and prohibiting construction, installation, 

enlargement or establishment of a new air contaminant source in accordance with the plans 

and specifications submitted; (3) to require periodic inspection and maintenance of 

combustion equipment and other sources of air pollution; ( 4) to require any person to 

maintain such records relating to air pollution or to the operation of facilities designed to 

abate air pollution as he deems necessary to carry out the provisions of this chapter and 

section 14-164c; ( 5) to require that a person in control of an air contaminant source 

specified in the regulations adopted under subsection (a), obtain a permit to operate such 

source if the source (A) is subject to any regulations adopted by the commissioner 

concerning high risk hazardous air pollutants, (B) burns waste oil, (C) is allowed by the 

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commissioner, pursuant to regulations adopted under subsection (a), to exceed emission 

limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E) 

violates any provision of this chapter, or any regulation, order or permit adopted or issued 

thereunder; (6) to require that a person in control of an air contaminant source who is not 

required to obtain a permit pursuant to this subsection register with him and provide such 

information as he deems necessary to maintain his inventory of air pollution sources and 

the commissioner may require renewal of such registration at intervals he deems necessary 

to maintain such inventory; (7) to require a permit for any source regulated under the 

federal Clean Air Act Amendments of 1990, P.L. 101-549; (8) to refuse to issue a permit if 

the Environmental Protection Agency objects to its issuance in a timely manner under Title 

V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any 

regulation adopted under this chapter, to require that any source permitted under Title V of 

the federal Clean Air Act Amendments of 1990 shall comply with all applicable standards 

set forth in the Code of Federal Regulations, Title 40, Parts 51 , 52, 59, 60, 61 , 63, 68, 70, 

72 to 78, inclusive, and 82, as amended from time to time. 

( d) The commissioner shall have all incidental powers necessary to carry out the 

purposes of this chapter and section 14-164c. 

(e) As used in this subsection, "contiguous" means abutting or adjoining without 

consideration of the actual or projected existence of roadways, walkways, plazas, parks or 

other minor intervening features; "indirect source" means any building, structure, facility, 

installation or combination thereof, that has or leads to associated activity as a result of 

which any air pollutant is or may be emitted. The commissioner shall not require the 

submission of plans and specifications under indirect source regulations adopted pursuant 

to subdivisions (1) and (2) of subsection ( c) ofthis section for proposed construction to be 

undertaken within a redevelopment area or urban renewal project, as defined in chapter 

130, provided (1) the proposed construction is pursuant to a plan for such redevelopment 

area or urban renewal project adopted pursuant to section 8-127 prior to October 1, 1974, 

or to a modification of such plan, (2) the proposed construction is part of a contiguous, 

single purpose or multipurpose development or developments and (3) site clearance or 

construction had commenced on a portion of the site of such development or developments 

prior to Octa ber 1, 197 4, nor shall the commissioner issue any order pursuant to 

subdivision ( 1) of subsection ( c) of this section pertaining to the enforcement of indirect 

source regulations with respect to such proposed construction within such redevelopment 

areas and urban renewal projects. In the event that the modification of any such plan after 

October 1, 1974, would result in the proposed construction generating substantially more 

motor vehicle traffic than would have been generated prior to such modification, the 

submission of plans and specifications shall be required for such proposed modification. 

The commissioner shall not require the renewal of an indirect source operating permit 

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issued in accordance with subsection ( c) of this section unless such indirect source no 

longer conforms with plans, specifications or other information submitted to said 

commissioner in accordance with said subsection (c). 

(f) The commissioner shall allow the open burning of brush on residential property, 

provided the burning is conducted by the resident of the property or the agent of the 

resident and a permit for such burning is obtained from the local open burning official of 

the municipality in which the property is located, and the open burning of brush in 

municipal landfills, transfer stations and municipal recycling centers, provided a permit for 

such burning is obtained from the fire marshal of the municipality where the facility is 

located, except that no open burning of brush shall occur (1) when national or state 

ambient air quality standards may be exceeded; (2) where a hazardous health condition 

might be created; (3) when the forest fire danger in the area is identified by the 

commissioner as extreme and where woodland or grass land is within one hundred feet of 

the proposed burn; ( 4) where there is an advisory from the commissioner of any air 

pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the 

case of a municipal landfill, when such landfill is within an area designated as a hot spot 

on the open burning map prepared by the commissioner. A permit for the burning of brush 

at any municipal landfill, municipal transfer station or municipal recycling center shall be 

issued no more than six times in any calendar year. The proposed permit to bum brush at 

any municipal landfill, municipal transfer station or municipal recycling center shall be 

submitted to the commissioner by the fire marshal, with the approval of the chief elected 

official of the municipality in which the municipal landfill, municipal transfer station or 

municipal recycling center is located. The commissioner shall approve or disapprove the 

fue marshal's proposed permitting of burning of brush at a municipal landfill, municipal 

transfer station or municipal recycling center within a reasonable time of the filing of such 

application. The burning of leaves, demolition waste or other solid waste deposited in such 

landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires 

is not prohibited if the burning is conducted so as not to create a nuisance and in 

accordance with any restrictions imposed on such burning. Nothing in this subsection or in 

any regulation adopted pursuant to this subsection shall affect the power of any 

municipality to regulate or ban the open burning of brush within its boundaries for any 

purpose. Notwithstanding any other provision ofthis section, fire breaks for the purpose of 

controlling forest fires and controlled fires in salt water marshes to forestall uncontrolled 

fires are not prohibited. Open burning may be engaged in for any of the following purposes 

ifthe open burning official with jurisdiction over the area where the burning will occur 

issues an open burning permit: Fire-training exercises; eradication or control of insect 

infestations or disease; agricultural purposes; clearing vegetative debris following a natural 

disaster; and vegetative management or enhancement of wildlife habitat or ecological 

sustainability on municipal property or on any privately owned property permanently 

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dedicated as open space. Open burning for such purposes on state property may be 

engaged in with the written approval of the commissioner. Local burning officials 

nominated for the purposes of this subsection shall be nominated only by the chief 

executive officer of the municipality in which the official will serve and shall be certified 

by the commissioner. The chief executive officer may revoke the nomination. The 

commissioner may adopt regulations, in accordance with the provisions of chapter 54, 

governing open burning and may authorize or prohibit open burning consistent with this 

section. The regulations may require the payment of an application fee and inspection fee 

and may establish a certification procedure for local burning officials. 

(g) The commissioner shall require, by regulations adopted in accordance with the 

provisions of chapter 54, the payment of a permit application fee sufficient to cover the 

reasonable costs of reviewing and acting upon an application for, and monitoring 

compliance with the terms and conditions of, any state or federal permit, license, order, 

certificate or approval required pursuant to this section. Any person obtaining a permit, 

pursuant to said regulations, for the construction or operation of a source of air pollution or 

for modification to an existing source of air pollution shall submit a permit fee of twice the 

amount of the fee established by regulations in effect on July 1, 1990. The commissioner 

shall require the payment of a permit application fee of two hundred dollars. 

(h) The commissioner may require, by regulations adopted in accordance with the 

provisions of chapter 54, payment of a fee by the owner or operator of a source of air 

pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control 

device through the use of a dust compound in the detection of leaks in such device, or the 

monitoring of such test, provided such fee may not exceed the average cost to the 

department for the conduct or monitoring of such tests plus ten per cent of such average 

cost. Except as specified in section 22a-27u, all payments received by the commissioner 

pursuant to this subsection shall be deposited in the General Fund and credited to the 

appropriations of the Department of Energy and Environmental Protection in accordance 

with the provisions of section 4-86. 

(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no 

municipality shall be required to pay more than fifty per cent of any fee established by the 

commissioner pursuant to said subsections. 

G) Fees or increased fees prescribed by this section shall not be applicable to residential 

property. 

(k) (1) The commissioner may issue a general permit with respect to a category of new 

or existing stationary air pollution sources, except with respect to a source which is already 

covered by an individual permit, provided the general permit is not inconsistent with the 

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federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq., and as it may 

be further amended from time to time. Any person conducting an activity for which a 

general permit has been issued shall not be required to obtain an individual permit under 

this section, except as provided in subdivision (5) ofthis subsection. The general permit 

may regulate a category of sources which, whether or not requiring a permit under the 

federal Clean Air Act, (A) involve the same or substantially similar types of operations or 

substances, (B) require the same types of pollution control equipment or other operating 

conditions, standards or limitations, and (C) require the same or similar monitoring, and 

which, in the opinion of the commissioner, are more appropriately controlled under a 

general permit than under an individual permit. The general permit may require that any 

person proposing to conduct any activity under the general permit register such activity, 

including obtaining approval from the commissioner, before the general permit becomes 

effective as to such activity, and may include such other conditions as the commissioner 

deems appropriate, including, but not limited to, management practices and verification 

and reporting requirements. Any such reports shall be made available to the public by the 

commissioner. The commissioner shall grant an application for approval under a general 

permit without repeating the notice and comment procedures provided under subdivision 

(2) of this subsection, and such a grant shall not be subject to judicial review under 

subdivision ( 4) of this subsection. Registrations and applications for approval under the 

general perinit shall be submitted on forms prescribed by the commissioner; application 

forms concerning activities regulated under the federal Clean Air Act shall require that the 

applicant provide such information as may be required by that act. The commissioner shall 

prepare, and annually amend, a list of holders of general permits under this section, which 

list shall be made available to the public. 

(2) Notwithstanding any other procedures in this chapter, any regulations adopted 

thereunder, and chapter 54, the commissioner may issue a general permit in accordance 

with the following procedures: (A) The commissioner shall publish in a newspaper, having 

a substantial circulation in the affected area or areas, notice of (i) intent to issue a general 

permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity to submit 

written comments thereon, and (iv) the right to a public hearing if, within the comment 

period, the commissioner receives a petition signed by at least twenty-five persons 

provided the notice shall state that the right to a public hearing may be exercised upon 

request of any person ifthe permit regulates an activity which is subject to provisions of 

the federal Clean Air Act; (B) the administrator of the United States Environmental 

Protection Agency and any states affected by the general permit shall be given notice as 

may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment 

period of thirty days following publication of notice under subparagraph (A) of this 

subdivision during which interested persons may submit written comments concerning the 

permit to the commissioner; (D) the commissioner shall not issue the general permit until 

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after the comment period and the public hearing, if one is held; (E) the commissioner shall 

publish notice of any general permit issued in a newspaper having a substantial circulation 

in the affected area or areas; and (F) summary suspension may be ordered in accordance 

with subsection ( c) of section 4-182. Any person may request that the commissioner issue, 

modify, revoke or suspend a general permit in accordance with this subsection. 

(3) Any general permit under this subsection shall be issued for a fixed term. A general 

permit covering an activity regulated under the federal Clean Air Act shall be issued for a 

term of no more than five years. A general permit covering an activity regulated under the 

federal Clean Air Act shall contain such additional conditions as may be required by that 

act. 

(4) Notwithstanding any other provision ofthis chapter and chapter 54, with respect to a 

general permit concerning activities regulated under the federal Clean Air Act, any person 

who submitted timely comments thereon may appeal the issuance of such permit to the 

superior court in accordance with the provisions of section 4-183. Such appeal shall have 

precedence in the order of trial as provided in section 52-192. 

(5) Subsequent to the issuance of a general permit, the commissioner may require a 

person whose activity is or may be covered by the general permit to apply for and obtain 

an individual permit pursuant to this chapter if he determines that an individual permit 

would better protect the land, air and waters of the state from pollution. The commissioner 

may require an individual permit under this subdivision in cases including, but not limited 

to, the following: (A) The permittee is not in compliance with the conditions of the general 

permit; (B) a change has occurred in the availability of demonstrated technology or 

practices for the control or abatement of pollution applicable to the permitted activity; (C) 

circumstances have changed since the time the general permit was issued so that the 

permitted activity is no longer appropriately controlled under the general permit, or a 

temporary or permanent reduction or elimination of the permitted activity is necessary; or 

(D) a relevant change has occurred in the applicability of the federal Clean Air Act. In 

making the determination to require an individual permit, the commissioner may consider 

the location, character and size of the source and any other relevant factors. The 

commissioner may require an individual permit under this subdivision only if the person 

whose activity is covered by the general permit has been notified in writing that an 

individual permit is required. The notice shall include a brief statement of the reasons for 

requiring an individual permit, an application form, a statement setting a time for the 

person to file the application and a statement that the general permit as it applies to such 

person shall automatically terminate on the effective date of the individual permit. Such 

person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any 

person may petition the commissioner to take action under this subdivision. 

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(6) The conunissioner may adopt regulations, in accordance with the provisions of 

chapter 54, to carry out the purposes of this subsection. 

(1) In any proceeding on an application for a permit which is required under 42 USC 

7661a, the applicant, and any other person entitled under said section to obtain judicial 

review of the conunissioner's final action on such application may appeal such action in 

accordance with the provisions of section 4-183 . 

(m) The commissioner shall not issue a permit for an asphalt batch plant or continuous 

mix facility under the provisions of this section until July 1, 2004, unless the conunissioner 

determines that the issuance of the permit will result in an improvement of environmental 

performance of an existing asphalt batch plant or continuous mix plant. The provisions of 

this section shall apply to any application pending on May 5, 1998. Nothing in this section 

shall apply to applications for upgrading, replacing, consolidating or otherwise altering the 

physical plant of an existing facility provided such upgrade, replacement, consolidation or 

alteration results in an improvement of environmental performance or in reduced total 

emissions of air pollutants. 

Sec. 22a-198. Title IV sulfur dioxide emission standards. Credit trading. 

Suspension of credit trading prohibition by the commissioner. (a) On and after January 

1, 2005, the owner or operator of a Title IV source that is also an affected unit or units 

shall: 

(1) Combust liquid fuel, gaseous fuel, solid fuel or a combination of each provided that 

each fuel possesses a fuel sulfur limit equal to or less than 0.3 per cent sulfur, by weight 

(dry basis); or 

(2) Meet an average emission rate equal to or less than 0.33 pounds S02 per MMBtu for 

each calendar quarter for an affected unit at the premises; or 

(3) Meet an average emission rate equal 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 the premises. 

(b) On and after January 1, 2005, no owner or operator of a Title IV source that is also 

an affected unit or units may use S02 DERCs or S02 allowances to comply with the 

requirements of subsection (a) of this section except if the Commissioner of Energy and 

Environmental Protection requires the owner or operator of an affected unit or units using a 

low-sulfur fuel to comply with subdivision (1) of subsection (a) ohhis section to offset 

excess S02 emissions that were emitted during a suspension period, as described in 

10 
subsection ( c) of this section, through the purchase or retirement of such S02 DER Cs or 

S02 allowances. 

( c) The Commissioner of Energy and Environmental Protection may suspend the 

requirements of subdivision ( 1) of subsection (a) of this section for the owner or operator 

of any affected unit using a low-sulfur fuel, including a low-sulfur solid fuel. Such 

suspension shall be made only when the commissioner finds that the availability of fuel 

that complies with such requirements is inadequate to meet the needs of residential, 

commercial and industrial users in this state and that such inadequate supply constitutes an 

emergency, provided such suspension shall not exceed the period that the inadequate 

supply constitutes an emergency. Any such suspension by the commissioner shall not 

suspend or alter the sulfur dioxide average emission rate requirements that are in effect as 

of May 2, 2002. The Commissioner of Energy and Environmental Protection shall specify 

in writing the period of time that such suspension shall be in effect and shall provide notice 

of such suspension to the joint standing committees of the General Assembly having 

cognizance of matters relating to the environment and energy and technology. No later than 

thirty days after the termination of such suspension, the owner or operator of an affected 

unit or units shall report to the commissioner, in writing, the amount of S02 emissions in 

excess of those that would have occurred if the use of compliant fuel at such affected unit 

or units had not been interrupted. If such excess S02 emissions from any premises exceed 

fifty tons, the commissioner shall require that the owner or operator of such affected unit or 

units offset such S02 emissions through the purchase or retirement of S02 DERCs or S02 

allowances. 

( d) The provisions of subsections ( c) and (f) of this section, when implemented by the 

Commissioner of Energy and Environmental Protection, shall not suspend any underlying 

procedures or requirements in the Regulations of Connecticut State Agencies adopted by 

the Department of Energy and Environmental Protection pertaining to S02 emissions. 

( e) No provision of section 22a-197, this section or subsection (a) of section 16-245/ 

shall be construed to prohibit the Commissioner of Energy and Environmental Protection 

from waiving or suspending any applicable sulfur dioxide emissions standard as may be 

allowed under current federal or state laws or regulations, or other permit limits of a must 

run Title IV source, as ordered by the Independent System Operator, as may be allowed 

under current federal or state laws or regulations. The commissioner may attach any 

conditions to such suspension or waiver, as the commissioner deems necessary to mitigate 

any adverse environmental or public health impacts. 

(f) The Commissioner of Energy and Environmental Protection, in consultation with the 

chairperson of the Public Utilities Regulatory Authority, may suspend the prohibition of 

subsection (b) of this section for a Title IV source if it is determined that the application of 

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the prohibition established under subsection (b) of this section adversely affects the ability 

to meet the reliability standards, as defined by the New England Power Pool or its 

successor organization, and the suspension thereof is intended to mitigate such reliability 

problems. The Commissioner of Energy and Environmental Protection, in consultation 

with the chairperson of the Public Utilities Regulatory Authority, shall specify in writing 

the reasons for such suspension and the period of time that such suspension shall be in 

effect and shall provide notice of such suspension at the time of issuance, or the next 

business day, to the joint standing committees of the General Assembly having cognizance 

of matters relating to the environment and energy and technology. No such waiver shall 

last more than thirty days. The commissioner may reissue additional waivers for such 

source after said initial waiver has expired. Within ten days of receipt of the 

commissioner's notice of suspension, the committees having cognizance of matters relating 

to the environment and energy and technology may hold a joint public hearing and meeting 

of the committees to either modify or reject the commissioner's suspension by a majority 

vote. If the committees do not meet, the commissioner's suspension shall be deemed 

approved. 

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