# Attachment A : Amendment of R .C.S.A

. Sections 22a-174-4 and 22a-174-7 A-1

. Notice ofpublic hearing

. A-2

. Certification ofpublic hearing

. A-3

. Hearing report

.EFFECTIVE APRIL 1, 2004

Sec

. 22a-174-4

. Source monitoring, record keeping and reporting

. (a) Definitions

. For the purposes ofthis section: (1) "Calendar quarter" means a consecutive three (3) month period (nonoverlapping) beginning onJanuary 1, April 1, July 1 orOctober 1

. (2) "Coal burning equipment" means fuel burning equipment that combusts coal

. (3) "Gaseous, liquid or solid fuel burning equipment" means fuel burning equipment that combusts gaseous, liquid or solid fuels

. (4) "Standby fuel burning equipment" means fuel burning equipment that is used only to provide backup heat or power
. . (b) Opacity continuous emissions monitoring (CEM)

. (1) Except as provided in subdivisions (2) and (3) ofthis subsection, the owner or operator of the stationary sources listed in subparagraphs (A) through (D) ofthis subdivision shall install opacity CEM

equipment

. The owner or operator shall operate and maintain installed opacity CEM equipment in accordance with subsections (c)(3) and (c)(4) ofthis section and retain the data generated in accordance with subsection (d) ofthis section: (A) Anycoal burning equipment; (B) Any liquid or solid fuel burning equipment with a maximum rated heat input greater than or equal to two hundred fifty million Btu per hour (250,000,000 Btu/hr) ; (C) Any incinerator with a maximum rated input in excess oftwo thousand pounds per hour (2,000 lbs/hr) ; and (D) Any process source with particulate matter emissions exceeding twenty-five pounds per hour (25 lbs/hr) after the application ofcontrol equipment, when operated at maximumrated capacity

. (2) The provisions ofsubdivision (1)(A) ofthis subsection, concerning coal burning equipment, shall not apply to: (A) Any space heater installed in any single family home on or before May 1, 1975, provided that such space heater does not combust coal with a sulfur content greater than or equal to three-quarters ofonepercent (0.75%) by weight (dry basis) ;EFFECTIVEAPRIL 1, 2004 2 (B) Anycoal burning equipment in a commercial establishment in regular operation on or before May 1, 1975, provided that such coal burning equipment does not combust coal with a sulfur content greaterthan or equal to three-quarters ofone percent (0.75%) by weight (dry basis) and coal consumption is less than seventyfive (75) tons peryear; and (C) Anycoal burning equipment used primarily for educational or historical demonstrations or exhibits, provided that such coal burning equipment does not combust coal with a sulfur content exceeding one and one-half (1 .5%) byweight (dry basis)

. Such coal burning equipment includes, but is not limited to, blacksmiths' forges, steamlocomotives, and steamboats (3) The provisions ofsubdivision (1)(B) ofthis subsection, concerning gaseous, liquid or solid fuel burning equipment, shall not apply to: (A) Anystandby fuel burning equipment operating less than one hundred sixty-eight (168) hours in a calendar year
. For the purpose ofthis subparagraph, the term "operating" shall not include emissions testing or operating only to maintain reliability in emergency situations; and (B) Turbines combusting natural gas, liquid fuel or a mixture of liquid fuel and natural gas that comply with the applicable particulate matter and opacity limitations set forth in section 22a-174-18 ofthe Regulations ofConnecticut State Agencies without utilizing pollution control equipment

. (4) The Commissioner may, in writing, request written documentation fromthe owner or operator ofequipment listed in subdivisions (2) or (3) ofthis subsection to ascertain the applicability ofsubdivisions (2) or (3) ofthis subsection

. An owner or operator shall deliver such documentation to the commissioner within thirty (30) days of receipt of such a written request

. (5) An owner or operator that claims subsection (b)(1) ofthis section is not applicable by virtue ofcompliance with subsection (b)(2) or (b)(3) ofthis section shall, upon notice from the commissioner, install, operate andmaintain opacity CEM equipment according to this section, and comply with subsections (c) and (d) ofthis section, ifthe commissioner finds: (A) Repeated noncompliancewith section 22a-174-18ofthe Regulations of Connecticut State Agencies has occurred; (B) Noncompliance with the requirements, limitations or restrictions set forth in subdivisions (2) or (3) ofthis subsection has occurred; (C) Operation of the subject source has interfered with or is likely to interfere with the attainment or maintenance ofambient air quality standards, create a health hazard or create a nuisance; orEFFECTIVE APRIL 1, 2004

(D) Monitoring equipment is technically feasible, economically feasible and needed to determine compliance with chapter 446c ofthe Connecticut General Statutes and regulations promulgatedthereunder

. (6) The notice provided for in subsection (b)(5) ofthis section shall be in the formofa permit or order and shall specify requirements for opacity CEM equipment installation and operation including a day by which such installation and operation is to commence
. (c) General opacity and gaseous CEM equipment operation and performance

. (1) If, for a source ofairpollution, the commissioner determines that opacity or gaseous CEM equipment is reasonably available, technically feasible, economically feasible and necessary for the commissioner to obtain opacity or emissions data to evaluate compliance with chapter 446c ofthe Connecticut General Statutes and regulations promulgatedthereunder, the commissioner may require, by written notice to the owner or operator ofsuch source, the installation and operation of CEM equipment

. Such written notice shall be in the formofa regulation, permit or order and shall include requirements for installation and operation including a day by which such installation and operation is to commence
. (2) Ifthe commissioner determines that CEM equipment is notreasonably available for a source of air pollution, the commissioner may, by written notice, require the owner or operator of such source to comply with an alternative monitoring technique or conduct intermittent stack testing to verify the source is in compliance the chapter446c ofthe Connecticut General Statutes and regulation promulgated thereunder

. Such written notice shall be in the formofa regulation, permit or order and shall include the requirements for such alternative monitoring or testing including a day by which such alternative monitoring or testing is to commence
. (3) Monitoring plan

. Unless otherwise specified by permit or order ofthe commissioner, the owner or operator ofany source for which construction commenced on or after the effective date ofthis amendment to this section whois required to install, operate and maintain opacity CEM equipmentpursuantto subsection (b) ofthis section or gaseous or opacity CEM equipment pursuant to subdivision (1) ofthis subsection shall submit to the commissioner for approval, at least sixty (60) days before the initiation ofthe performance specification testing required by subdivision (4) ofthis subsection, a monitoring plan containing the information specified in subparagraphs (A) through (D) ofthis subdivision: (A) Abriefdescription of the source, including, but not limited to, type of unit or process, type offuel combusted, type or types of emission control devices, and operation parameters; (B) Adescription ofthe monitoring equipment design, proposed monitor location and sampling site location

. This description should include, but is not limited to, facility schematics and engineering drawings ofthe monitoring and sample probe locations, data acquisition systemspecifications, analytical monitoring technique and sampling systemdesign;EFFECTIVE APRIL 1, 2004 4 (C) An explanation ofthe performance specification testing to be conducted by the owner or operator as required by subdivision (4) ofthis subsection; and (D) Aquality assuranceplan including procedures for calibration, calibration drift determination and adjustment, preventative maintenance, data recording, calculation, audits and corrective action for monitoring systembreakdowns

. (4) Performance specifications and quality assurance requirements

. The owner or operator of any source required to install, operate and maintain CEM equipmentpursuant to this section shall meet the following performance specifications and quality assurance requirements: (A) The applicable performance specifications and quality assurance requirements of 40 CFR60Appendices Band F, unless the source is subjectto 40 CFR75, in which case the owner or operator shall meet the applicable performance specifications and quality assurance requirements of40 CFR75; (B) For opacity CEM equipment, the following quality assurance requirements: (i) Calibration shall be adjusted whenever the daily zero or upscale calibration exceeds plus/minus twopercent (± 2%) opacity; (ii) Data shall be invalid forcalculating data availability in accordance with subdivision (5) ofthis subsection ifthe zero or upscale calibration value exceeds either the reference zero orthe upscale calibration value recorded during the most recent clear-path calibration by plus/minus twopercent (± 2%) opacity for five (5) consecutive days or plus/minus five percent (± 5%) opacity on any single day

. The period ofinvalid data begins with either the fifth consecutive occurrence ofa drift value exceeding plus/minus twopercent (± 2%) opacity or with the last daily check preceding the single occurrence ofa drift value exceedingplus/minus five percent (± 5%) opacity

. The period of invalid data shall endwhen a calibration drift check, conducted after corrective action, demonstrates that reliable monitoring data is being generated, (iii) Quality assurance audits shall be conducted during each calendar quarter in which the source operates, (iv) The commissioner shall be notified, in writing, no fewer than thirty (30) days prior to the initially proposed quality assurance audit, and (v) Quality assurance audits shall be conducted in accordance with the procedures contained in "Performance Audit Procedures for Opacity Monitors," EPA Document No

. 450/4-92/010, dated April 1992

. If EPA promulgates quality assurance procedures in 40 CFR60, Appendix F, quality assurance audits shall be conducted according to such procedures

. Ifeither EPA Document No

. 450/4-92/010 or subsequently promulgatedEFFECTIVE APRIL 1, 2004 5 procedures in 40CFR60, Appendix F, as applicable, does not contain audit procedures for the opacity CEM selected by the owner or operator, the owner or operator shall, in writing, propose audit procedures to the commissioner for review and written approval at least thirty (30) days prior to the initial opacity CEM audit; and (C) If the results of a quality assurance audit fail to conformto the quality assurance requirements ofsubparagraph (B) of this subdivision, such opacity CEM data shall be deemed invalid bythe commissioner, and the owner or operator will be deemed to have failed the quality assurance audit

. Data collected after any failed quality assurance audit shall be invalid for calculating percent data availability in accordance with subdivision (5)(A) ofthis subsection

. (5) Data availability

. (A) The owner or operator ofany source required to install, operate and maintain CEM equipment in accordance with this section shall meet the following data availability requirements on an emission limitation-specific basis: (i) While the source is operating, the owner or operator shall operate required CEM equipment pursuant to section 22a-174-7(b) of the Regulations of Connecticut State Agencies, and allowable periods of missing data shall apply onlyto periods ofdeliberate shutdown allowed by section 22a-174- 7(b) of the Regulations ofConnecticut State Agencies, unavoidable systemmalfunction or as otherwise provided under this subdivision, (ii) Except as provided in subparagraphs (B) and (C) ofthis subdivision, for opacity emissions, data shall be available for no less than ninety-five (95%) ofthe total operating hours ofthe source in any calendar quarter, (iii) Except as provided in subparagraphs (B) and (C) ofthis subdivision, for airpollutant emissions other than opacity, data shall be available for no less than ninety percent (90%) ofthe total operating hours ofthe source in any calendar quarter, and (iv) Percent data availability shall be calculated using the following equation:

% Data Availability=

where: Unit Operating Time-Monitoring Downtime Unit Operating Time ) *100

Unit operatingtime = total hours ofsource operation at any level during the

calendar quarter

. Monitoring downtime = total hours ofsource operation at any level during the

calendar quarter where either no CEM equipment data wasEFFECTIVE APRIL 1, 2004 6
collected orthe CEM

equipment data was invalid

. Such periods include, but are not limited to, quality assurance activities such as calibration, preventative maintenance, and calibration drift exceedances or quality assurance audits that result in invalid data

. (B) The commissioner, in writing, may exemptthe owner or operator ofa source from the minimum

data availability requirements ofsubparagraphs (A)(ii) and (A)(iv) ofthis subdivision ifsuch source is equipped with properly operating opacity CEM equipment, and the source is operated less than or equal to five hundred four (504) hours in the calendar quarter

. (C) The commissioner, in writing, may exempt the owner or operator ofa source from the minimum

data availability requirements ofsubparagraphs (A)(iii) and (A)(iv) ofthis subdivision ifsuch source is equipped with properly operating gaseous CEM equipment, and the source is operated less than or equal to three hundred thirty-six (336) hours in the calendar quarter
. (D) To obtain an exemptionunder subparagraphs (B) or (C) ofthis subdivision, the owner or operator ofthe source shall submit the following information to the commissioner within thirty (30) days following the last day ofthe calendar quarter for which the exemption is sought : (i) Arequest for an exemptionfor a specified calendar quarter, (ii) The actual operating hours ofthe source during the calendar quarter, (iii) The duration ofand nature ofthe CEM equipment breakdowns, repairs or adjustments made during the calendar quarter, and (iv) The actual data availability achieved during the calendar quarter

. (d) Record keeping and reporting

. (1) The commissioner may, by written notice, require the owner or operator ofany source to create, maintain and submit data, records or reports of monitoring data and other information deemed necessary by the commissioner to evaluate compliance with chapter446c ofthe Connecticut General Statutes and regulations promulgatedthereunder

. Such information shall be recorded, compiled and submitted on forms furnished or prescribed by the commissioner

. The written notice shall provide the date by which such data, records or reports shall be submitted to the commissioner

. (2) Anydocument, data, plan, record or report required to be submitted to the commissioner by this section shall include a certification signed by a responsible corporate officer or a duly authorized representative of such officer, as those terms are defined in subdivision (2) of subsection (b) ofsection 22a-430-3 ofthe Regulations ofConnecticut State Agencies, and by the individual or individuals responsible for actually preparing such document, each ofwhom shallEFFECTIVE APRIL 1, 2004

examine and be familiar with the information submitted in the document and all attachments there, and shall make inquiry ofthose individuals responsible for obtaining the information to determine that the information is true, accurate and complete, and each ofwhom shall certify in writing as follows: "I have personally examined and an familiar with the information submitted inthis document and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry ofthose 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 ofthe Connecticut General Statutes or, in accordance with section 22a-6 ofthe Connecticut General Statutes, under section 53a-157b ofthe Connecticut General Statutes, and in accordance with any other applicable statute." (3) The owner or operator ofany source subject to the provisions ofchapter 446c ofthe Connecticut General Statutes andregulated adopted thereunder shall maintain all data, document and reports required by this section in a legible and comprehensible form for at least five (5) years fromthe date such data, document or report is created

. (4) Eachcalendar quarter, the owner or operator ofany opacity CEM equipmentrequired pursuant to this section shall submit the followinginformation to the commissioner: (A) The data obtained through such equipment during the preceding calendar quarter that is required to determine compliancewith an emission limitation or standard; (B) Asummary ofsuch data; (C) Acopy ofthe quality assurance audit conducted forthat calendar quarter; and (D) Asummary ofall corrective actions taken in response to a failed CEM equipment audit

. (5) Submissions made to comply with subdivision (4) ofthis subsection shall be made no later than thirty (30) days following the end ofeach calendar quarter

. (e) The commissioner may exempt an owner or operator of a source subject to this section from the requirements ofthis section as they apply to a particular air pollutant ifsuch owner or operator demonstrates in writing, for the commissioner's written approval, that such source is physically incapable ofviolating any applicable requirement for such air pollutant set forth in chapter 446c of the Connecticut General Statutes and regulations promulgated thereunder

. (f) Upon written notice in the formofa permit or order to an owner or operator of a source granted an exemption under subsection (e) ofthis section, such owner or operator shall install, operate and maintain CEM equipment in accordance with such notice if:EFFECTIVE APRIL 1, 2004 8

(1) The commissioner determines there is repeated noncompliance with section 22a-174-18 ofthe Regulations of Connecticut State Agencies; (2) Operation ofthe subject source has interfered with or is likely to interfere with the attainment or maintenance of ambient air quality standards, create a health hazard or create a nuisance; or (3) Thesource has been altered or the operations ofthe source have changed such that subsection (e) ofthis section is no longer applicable

.

Backto Regulations Page 4--= Forward to Section 22a-174-5 (--*EFFECTIVE APRIL 1, 2004

Sec

. 22a-174-7

. Air pollution control equipment and monitoring equipment operation

. (a) Breakdown, failure and deliberate shutdown

. (1) Neither breakdown, failure nor deliberate shutdown ofair pollution control equipment or monitoring equipment nor submission ofany notice pursuant to this section shall excuse the owner or operator ofany source fromthe obligation to comply with an applicable emission limitation or emission standard or other applicable requirement

. (2) Ifan owner or operator operates a stationary source to produce emissions ofan air pollutant during breakdown, failure or deliberate shutdown ofany air pollution control equipment so as to produce an exceedance ofan applicable emission limitation or emission standard, the owner or operator shall : (A) Exercise due diligence to minimize emissions while such control equipment is inoperative; (B) Continue the use ofmonitoring equipment; and (C) Give notice to the commissioner as required by subsections (d) and (e) of this section

. (b) Operation of airpollution control equipment and monitoring equipment

. (1) While a stationary source is in operation, no person shall deliberately shut down any operational airpollution control or monitoring equipment or deliberately keep such air pollution control equipment or monitoring equipment shut down except to perform necessary maintenance, which cannot be accomplished when the stationary source itself is not in operation andis not emitting air pollutants

. (2) Notwithstanding subdivision (1) ofthis subsection, a source owner or operator may deliberately shut down air pollution control equipmentor monitoring equipmentwhile the source is in operation if: (A) The owner or operator is not required to operate such equipment by a permit, order or regulation; (B) Thesource is in compliance with applicable emission limitations and emission standards while the air pollution control equipment is shut down; and (C) Emissions released while monitoring equipment that measures such emissions is deliberately shut down are not used to calculate credits generated in an emissions credit trading program

. (c) No person may tamper with, render inaccurate or render inoperable any air pollution control equipment or monitoring equipment required by permit, order or regulation

.EFFECTIVE APRIL 1, 2004

(d) If any breakdown, failure or deliberate shutdown ofair pollution control equipment or monitoring equipment required by permit, order or regulation continues for more than twentyfour (24) hours and the source operates at any time after the expiration of twenty-four hours and during source operation after the breakdown, failure or deliberate shutdown an exceedance of any emission limitation or standard occurs, the owner or operator shall submit a written notice to the commissioner postmarked within ten (10) days ofthe commencement ofthe breakdown, failure or deliberate shutdown

. Such written notice shall include, but is not limited to, the following: (1) Identification ofthe specific air pollution control or monitoring equipment subject to the breakdown, failure or deliberate shutdown, as well as information concerning its location, and, where applicable, registration or permit number; (2) Thedate, time, duration, explanation and description ofeach breakdown, failure or deliberate shutdown ofthe air pollution control or monitoring equipment; (3) The nature and quantity ofairpollutants emitted during the period that the pollution control or monitoring equipment is not operating; (4) Identification ofdates of inspection and maintenance ofthe subject equipment prior to the breakdown, failure or deliberate shutdown, including a description ofinspection findings and any maintenance conducted; (5) Adescription ofall measures that the owner or operator has taken or will take to resume operation ofthe air pollution control or monitoring equipment; and (6) Adescription ofall measures taken and continuing to be taken to minimize the length of tlie shutdown period such as the use ofoff-shift labor and equipment

. (e) Immediate notification

. (1) The owner or operator shall notify the Department, Bureau ofAir Management, Compliance and Field Operations Division, as required by subdivision (2) of this subsection if, at the time of discovery of any breakdown, failure or deliberate shutdown ofair pollution control or monitoring equipment required to be operated by permit, order or regulation: (A) The owner or operator reasonably expects the breakdown, failure or deliberate shutdown to continue for more than 24 hours; and (B) The owner or operator anticipates operating the source at any time after the expiration of twenty-four hours

. (2) Notification to comply with this subsection shall be made by telephone, electronic mail, facsimile or in person immediately after the breakdown, failure or deliberate shutdown is discovered or in the exercise of reasonable care should have been discovered, and in no case shall such notice be made later than two (2) business days after such breakdown, failure or deliberateEFFECTIVE APRIL 1, 2004

shutdown

. (f) Except as provided in subsection (g) ofthis section, compliance with the notice requirements ofsubsection (d) and (e) of this section or the operation requirements of subsection (b) of this section shall not relieve the owner or operator fromcomplying with all applicable emission limitations and emission standards

. The Commissioner may take any enforcement action, including requiring the owner or operator to cease operation ofthe stationary source, or attach any condition to the operation ofthe stationary source during the period of any breakdown, failure or deliberate shutdown ofair pollution control or monitoring equipment

. Nothing in this section or any notice submitted pursuant to this section shall preclude the commissioner from

taking any action authorized by law to protect human health and the environment

. (g) An owner or operator ofa stationary source is exempt fromthe notification requirements ofsubsections (d) and (e) ofthis section if (1) The owner or operator holds a valid Title Vpermit for the stationary source issued by the Department; or (2) The owner oroperator deliberately shuts down air pollution control or monitoring equipment in accordance with subsection (b)(2) ofthis section

.

Back to Regulations Page ~= Forward to 22a-174-8EFFECTIVE APRIL 1, 2004

Sec

. 22a-174-7

. Air pollution control equipment and monitoring equipment operation

. (a) Breakdown, failure and deliberate shutdown

. (1) Neither breakdown, failure nor deliberate shutdown ofairpollution control equipment or monitoring equipment nor submission ofanynotice pursuant to this section shall excuse the owner or operator ofany source fromthe obligation to comply with an applicable emission limitation or emission standard or other applicable requirement

. (2) If an owner or operator operates a stationary source to produce emissions of an air pollutant during breakdown, failure or deliberate shutdown of any air pollution control equipment so as to produce an exceedance of an applicable emission limitation or emission standard, the owner or operator shall : (A) Exercise due diligence to minimize emissions while such control equipment is inoperative; (B) Continue the use of monitoring equipment; and (C) Give notice to the commissioner as required by subsections (d) and (e) ofthis section

. (b) Operation of air pollution control equipment and monitoring equipment

. (1) While a stationary source is in operation, no person shall deliberately shut down any operational airpollution control or monitoring equipment or deliberately keep such air pollution control equipment or monitoring equipment shut down except to performnecessary maintenance, which cannot be accomplished when the stationary source itself is not in operation and is not emitting air pollutants

. (2) Notwithstanding subdivision (1) ofthis subsection, a source owner or operator may deliberately shut down airpollution control equipment or monitoring equipmentwhile the source is in operation if: (A) The owner or operator is not required to operate such equipment by a permit, order or regulation; (B) Thesource is in compliance with applicable emission limitations and emission standards while the airpollution control equipment is shut down; and (C) Emissions released while monitoring equipment that measures such emissions is deliberately shut down are not used to calculate credits generated in an emissions credit trading program

. (c) No person may tamper with, render inaccurate or render inoperable any airpollution control equipment or monitoring equipmentrequired by permit, order or regulation

.NOTE
This document contains the Connecticut regulations for the abatement of air pollution with the recently adopted revisions to the regulations that became effective April 1, 2004

. This document was prepared by the State of Connecticut Department of Environmental Protection and is provided for the convenience of the reader

. This is not the official version of the regulations

. The official regulations are published by the State of Connecticut, Judicial Branch, Commission on Official Legal Publications in the Connecticut Law Journal

. Official legal publications may by obtained fromthe Commission on Official Legal Publications, 111 Phoenix Ave Enfield, CT 06082 (telephone: (860) 741-3027, or www .jud.state.ct.us/colp/ColpDefault html

. In the event there is an inconsistency between this document and the regulations as published in the Connecticut Law Journal, the Connecticut Law Journal will serve as the official version

.EFFECTIVE APRIL 1, 2004 2

(d) Ifany breakdown, failure or deliberate shutdown ofair pollution control equipment or monitoring equipment required by permit, order or regulation continues for more than twentyfour (24) hours and the source operates at any time after the expiration oftwenty-four hours and during source operation after the breakdown, failure or deliberate shutdown an exceedance of any emission limitation or standard occurs, the owner or operator shall submit a written notice to the commissioner postmarked within ten (10) days ofthe commencement of the breakdown, failure or deliberate shutdown

. Such written notice shall include, but is not limited to, the following: (1) Identification ofthe specific airpollution control or monitoring equipment subjectto the breakdown, failure or deliberate shutdown, as well as information concerning its location, and, where applicable, registration or permit number; (2) The date, time, duration, explanation and description ofeach breakdown, failure or deliberate shutdown ofthe air pollution control or monitoring equipment; (3) The nature and quantity ofair pollutants emitted during the period that the pollution control or monitoring equipment is not operating; (4) Identification ofdates of inspection and maintenance ofthe subject equipment prior to the breakdown, failure or deliberate shutdown, including a description of inspection findings and any maintenance conducted; (5) Adescription ofall measures that the owner or operator has taken or will take to resume operation ofthe air pollution control or monitoring equipment; and (6) Adescription ofall measures taken andcontinuing to be taken to minimize the length of the shutdown period such as the use ofoff-shift labor and equipment

. (e) Immediate notification

. (1) The owner or operator shall notify the Department, Bureau ofAir Management, Compliance and Field Operations Division, as required by subdivision (2) ofthis subsection if, at the time ofdiscovery ofany breakdown, failure or deliberate shutdown ofair pollution control or monitoring equipment required to be operated bypermit, order or regulation: (A) The owner or operator reasonably expects the breakdown, failure or deliberate shutdown to continue for more than 24 hours; and (B) The owner or operator anticipates operating the source at any time after the expiration of twenty-four hours

. (2) Notification to comply with this subsection shall be made by telephone, electronic mail, facsimile or in person immediately after the breakdown, failure or deliberate shutdown is discovered or in the exercise of reasonable care should have been discovered, and in no case shall such notice be made later than two (2) business days after such breakdown, failure or deliberateEFFECTIVE APRIL l, 2004

shutdown

. (f) Except as provided in subsection (g) ofthis section, compliance with the notice requirements ofsubsection (d) and (e) ofthis section or the operationrequirements ofsubsection (b) ofthis section shall not relieve the owner or operator fromcomplyingwith all applicable emission limitations and emission standards

. The Commissioner may take any enforcement action, including requiring the owner or operator to cease operation ofthe stationary source, or attach any condition to the operation ofthe stationary source during the period ofany breakdown, failure or deliberate shutdown ofair pollution control or monitoring equipment

. Nothing in this section or any notice submitted pursuant to this section shallpreclude the commissioner fromtaking any action authorized by law to protect humanhealth and the environment

. (g) An owner or operator ofa stationary source is exempt fromthe notification requirements ofsubsections (d) and (e) ofthis section if (1) The owner or operator holds a validTitle Vpermit forthe stationary source issued by the Department; or (2) The owner or operator deliberately shuts down airpollution control or monitoring equipment in accordance with subsection (b)(2) ofthis section

.

Back to Regulations Page ~ Forward to 22a-174-8