Attachment A: Amendment of 

R.C .S .A . Sections 22a-174-4 and 22a-174-7 

A-1 . Notice of public hearing. 

A-2. Certification of public hearing. 

A-3. Hearing report. 
EFFECTIVE APRIL 1, 2004 

Sec. 22a-174-4. Source monitoring, record keeping and reporting. 

(a) Definitions. For the purposes of this section: 

(1) "Calendar quarter" means a consecutive three (3) month period (nonoverlapping) 

beginning on January 1, April 1, July 1 or October 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) of this subsection, the owner or operator of 

the stationary sources listed in subparagraphs (A) through (D) of this 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) of this section and retain the 

data generated in accordance with subsection (d) of this section: 

(A) Any coal 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 of two 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 of control equipment, when 

operated at maximum rated capacity. 

(2) The provisions of subdivision (1)(A) of this 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 of one percent (0.75%) by weight (dry 

basis) ; 
EFFECTIVE APRIL 1, 2004 2 

(B) Any coal 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 greater than or equal to three-quarters of one 

percent (0.75%) by weight (dry basis) and coal consumption is less than seventyfive (75) tons per year; and 

(C) Any coal 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%) by weight 

(dry basis) . Such coal burning equipment includes, but is not limited to, 

blacksmiths' forges, steam locomotives, and steamboats 

(3) The provisions of subdivision (1)(B) of this subsection, concerning gaseous, liquid or 

solid fuel burning equipment, shall not apply to: 

(A) Any standby fuel burning equipment operating less than one hundred sixty-eight 

(168) hours in a calendar year. For the purpose of this 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 of the Regulations of Connecticut State 

Agencies without utilizing pollution control equipment. 

(4) The Commissioner may, in writing, request written documentation from the owner or 

operator of equipment listed in subdivisions (2) or (3) of this subsection to ascertain the 

applicability of subdivisions (2) or (3) of this 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) of this section is not applicable by 

virtue of compliance with subsection (b)(2) or (b)(3) of this section shall, upon notice from the 

commissioner, install, operate and maintain opacity CEM equipment according to this section, 

and comply with subsections (c) and (d) of this section, if the commissioner finds : 

(A) Repeated noncompliance with section 22a-174-18 of the Regulations of 

Connecticut State Agencies has occurred ; 

(B) Noncompliance with the requirements, limitations or restrictions set forth in 

subdivisions (2) or (3) of this subsection has occurred ; 

(C) Operation of the 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 
EFFECTIVE APRIL 1, 2004 

(D) Monitoring equipment is technically feasible, economically feasible and needed to 

determine compliance with chapter 446c of the Connecticut General Statutes and 

regulations promulgated thereunder. 

(6) The notice provided for in subsection (b)(5) of this section shall be in the form of a 

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 of air pollution, 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 of the Connecticut General Statutes and regulations promulgated thereunder, the 

commissioner may require, by written notice to the owner or operator of such source, the 

installation and operation of CEM equipment. Such written notice shall be in the form of a 

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) If the commissioner determines that CEM equipment is not reasonably 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 chapter 446c of the Connecticut General Statutes 

and regulation promulgated thereunder. Such written notice shall be in the form of a 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 of the commissioner, the 

owner or operator of any source for which construction commenced on or after the effective date 

of this amendment to this section who is required to install, operate and maintain opacity CEM 

equipment pursuant to subsection (b) of this section or gaseous or opacity CEM equipment 

pursuant to subdivision (1) of this subsection shall submit to the commissioner for approval, at 

least sixty (60) days before the initiation of the performance specification testing required by 

subdivision (4) of this subsection, a monitoring plan containing the information specified in 

subparagraphs (A) through (D) of this subdivision : 

(A) A brief description of the source, including, but not limited to, type of unit or 

process, type of fuel combusted, type or types of emission control devices, and 

operation parameters; 

(B) A description of the monitoring equipment design, proposed monitor location and 

sampling site location. This description should include, but is not limited to, 

facility schematics and engineering drawings of the monitoring and sample probe 

locations, data acquisition system specifications, analytical monitoring technique 

and sampling system design ; 
EFFECTIVE APRIL 1, 2004 4 

(C) An explanation of the performance specification testing to be conducted by the 

owner or operator as required by subdivision (4) of this subsection; and 

(D) A quality assurance plan including procedures for calibration, calibration drift 

determination and adjustment, preventative maintenance, data recording, 

calculation, audits and corrective action for monitoring system breakdowns . 

(4) Performance specifications and quality assurance requirements . The owner or operator of 

any source required to install, operate and maintain CEM equipment pursuant to this section 

shall meet the following performance specifications and quality assurance requirements : 

(A) The applicable performance specifications and quality assurance requirements of 

40 CFR 60 Appendices B and F, unless the source is subject to 40 CFR 75, in 

which case the owner or operator shall meet the applicable performance 

specifications and quality assurance requirements of 40 CFR 75; 

(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 two percent (± 2%) opacity; 

(ii) Data shall be invalid for calculating data availability in accordance with 

subdivision (5) of this subsection if the zero or upscale calibration value 

exceeds either the reference zero or the upscale calibration value recorded 

during the most recent clear-path calibration by plus/minus two percent (± 

2%) opacity for five (5) consecutive days or plus/minus five percent (± 

5%) opacity on any single day. The period of invalid data begins with 

either the fifth consecutive occurrence of a drift value exceeding 

plus/minus two percent (± 2%) opacity or with the last daily check 

preceding the single occurrence of a drift value exceeding plus/minus five 

percent (± 5%) opacity. The period of invalid data shall end when 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 CFR 60, Appendix F, 

quality assurance audits shall be conducted according to such procedures. 

If either EPA Document No. 450/4-92/010 or subsequently promulgated 
EFFECTIVE APRIL 1, 2004 5 

procedures in 40 CFR 60, 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 conform to the quality assurance 

requirements of subparagraph (B) of this subdivision, such opacity CEM data 

shall be deemed invalid by the 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) of this subsection. 

(5) Data availability . 

(A) The owner or operator of any 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 only to periods of deliberate shutdown allowed by section 22a-174-

7(b) of the Regulations of Connecticut State Agencies, unavoidable 

system malfunction or as otherwise provided under this subdivision, 

(ii) Except as provided in subparagraphs (B) and (C) of this subdivision, for 

opacity emissions, data shall be available for no less than ninety-five 

(95%) of the total operating hours of the source in any calendar quarter, 

(iii) Except as provided in subparagraphs (B) and (C) of this subdivision, for 

air pollutant emissions other than opacity, data shall be available for no 

less than ninety percent (90%) of the total operating hours of the 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 operating time = total hours of source operation at any level during the 

calendar quarter. 

Monitoring downtime = total hours of source operation at any level during the 

calendar quarter where either no CEM equipment data was 
EFFECTIVE APRIL 1, 2004 6 

collected or the 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 exempt the owner or operator of a source from 

the minimum data availability requirements of subparagraphs (A)(ii) and (A)(iv) 

of this subdivision if such 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 of a source from 

the minimum data availability requirements of subparagraphs (A)(iii) and (A)(iv) 

of this subdivision if such 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 exemption under subparagraphs (B) or (C) of this subdivision, the 

owner or operator of the source shall submit the following information to the 

commissioner within thirty (30) days following the last day of the calendar 

quarter for which the exemption is sought : 

(i) A request for an exemption for a specified calendar quarter, 

(ii) The actual operating hours of the source during the calendar quarter, 

(iii) The duration of and nature of the 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 of any 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 chapter 446c of the 

Connecticut General Statutes and regulations promulgated thereunder . 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) Any document, 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) of section 22a-430-3 of the Regulations of Connecticut State Agencies, and by the 

individual or individuals responsible for actually preparing such document, each of whom shall 
EFFECTIVE APRIL 1, 2004 

examine and be familiar with the information submitted in the document and all attachments 

there, and shall make inquiry of those individuals responsible for obtaining the information to 

determine that the information is true, accurate and complete, and each of whom shall certify in 

writing as follows : 

"I have personally examined and an familiar with the information submitted in this 

document and all attachments thereto, and I certify that based on reasonable 

investigation, including my inquiry of those individuals responsible for obtaining the 

information, the submitted information is true, accurate and complete to the best of my 

knowledge and belief. I understand that any false statement made in the submitted 

information may be punishable as a criminal offense under section 22a-175 of the 

Connecticut General Statutes or, in accordance with section 22a-6 of the Connecticut 

General Statutes, under section 53a-157b of the Connecticut General Statutes, and in 

accordance with any other applicable statute." 

(3) The owner or operator of any source subject to the provisions of chapter 446c of the 

Connecticut General Statutes and regulated 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 from the date such data, document or report is created. 

(4) Each calendar quarter, the owner or operator of any opacity CEM equipment required 

pursuant to this section shall submit the following information to the commissioner: 

(A) The data obtained through such equipment during the preceding calendar quarter 

that is required to determine compliance with an emission limitation or standard; 

(B) A summary of such data; 

(C) A copy of the quality assurance audit conducted for that calendar quarter; and 

(D) A summary of all corrective actions taken in response to a failed CEM equipment 

audit. 

(5) Submissions made to comply with subdivision (4) of this subsection shall be made no 

later than thirty (30) days following the end of each calendar quarter. 

(e) The commissioner may exempt an owner or operator of a source subject to this section 

from the requirements of this section as they apply to a particular air pollutant if such owner or 

operator demonstrates in writing, for the commissioner's written approval, that such source is 

physically incapable of violating 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 form of a permit or order to an owner or operator of a source 

granted an exemption under subsection (e) of this 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 

of the Regulations of Connecticut State Agencies; 

(2) Operation of the 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) The source has been altered or the operations of the source have changed such that 

subsection (e) of this section is no longer applicable . 

Back to 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 of air pollution control equipment or 

monitoring equipment nor submission of any notice pursuant to this section shall excuse the 

owner or operator of any source from the 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) of this 

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 air pollution 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 and is not 

emitting air pollutants . 

(2) Notwithstanding subdivision (1) of this subsection, a source owner or operator may 

deliberately shut down air pollution control equipment or monitoring equipment while 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) The source 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 of air 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 of the commencement of the breakdown, 

failure or deliberate shutdown. Such written notice shall include, but is not limited to, the 

following : 

(1) Identification of the 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) The date, time, duration, explanation and description of each breakdown, failure or 

deliberate shutdown of the air pollution control or monitoring equipment; 

(3) The nature and quantity of air pollutants emitted during the period that the pollution 

control or monitoring equipment is not operating; 

(4) Identification of dates of inspection and maintenance of the subject equipment prior to 

the breakdown, failure or deliberate shutdown, including a description of inspection findings and 

any maintenance conducted; 

(5) A description of all measures that the owner or operator has taken or will take to resume 

operation of the air pollution control or monitoring equipment; and 

(6) A description of all measures taken and continuing to be taken to minimize the length of 

tlie shutdown period such as the use of off-shift labor and equipment. 

(e) Immediate notification. 

(1) The owner or operator shall notify the Department, Bureau of Air 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 of air 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 deliberate 
EFFECTIVE APRIL 1, 2004 

shutdown. 

(f) Except as provided in subsection (g) of this section, compliance with the notice 

requirements of subsection (d) and (e) of this section or the operation requirements of subsection 

(b) of this section shall not relieve the owner or operator from complying with all applicable 

emission limitations and emission standards . The Commissioner may take any enforcement 

action, including requiring the owner or operator to cease operation of the stationary source, or 

attach any condition to the operation of the stationary source during the period of any 

breakdown, failure or deliberate shutdown of air 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 of a stationary source is exempt from the notification requirements 

of subsections (d) and (e) of this section if 

(1) The owner or operator holds a valid Title V permit for the stationary source issued by the 

Department; or 

(2) The owner or operator deliberately shuts down air pollution control or monitoring 

equipment in accordance with subsection (b)(2) of this section. 

Back to Regulations Page ~= 

Forward to 22a-174-8 
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 of air pollution control equipment or 

monitoring equipment nor submission of any notice pursuant to this section shall excuse the 

owner or operator of any source from the 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) of this 

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 air pollution 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 and is not 

emitting air pollutants . 

(2) Notwithstanding subdivision (1) of this subsection, a source owner or operator may 

deliberately shut down air pollution control equipment or monitoring equipment while 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) The source 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 . 
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 from the 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) If any breakdown, failure or deliberate shutdown of air 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 of the commencement of the breakdown, 

failure or deliberate shutdown. Such written notice shall include, but is not limited to, the 

following : 

(1) Identification of the 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) The date, time, duration, explanation and description of each breakdown, failure or 

deliberate shutdown of the air pollution control or monitoring equipment; 

(3) The nature and quantity of air pollutants emitted during the period that the pollution 

control or monitoring equipment is not operating ; 

(4) Identification of dates of inspection and maintenance of the subject equipment prior to 

the breakdown, failure or deliberate shutdown, including a description of inspection findings and 

any maintenance conducted; 

(5) A description of all measures that the owner or operator has taken or will take to resume 

operation of the air pollution control or monitoring equipment; and 

(6) A description of all measures taken and continuing to be taken to minimize the length of 

the shutdown period such as the use of off-shift labor and equipment. 

(e) Immediate notification. 

(1) The owner or operator shall notify the Department, Bureau of Air 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 of air 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 deliberate 
EFFECTIVE APRIL l, 2004 

shutdown. 

(f) Except as provided in subsection (g) of this section, compliance with the notice 

requirements of subsection (d) and (e) of this section or the operation requirements of subsection 

(b) of this section shall not relieve the owner or operator from complying with all applicable 

emission limitations and emission standards. The Commissioner may take any enforcement 

action, including requiring the owner or operator to cease operation of the stationary source, or 

attach any condition to the operation of the stationary source during the period of any 

breakdown, failure or deliberate shutdown of air 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 of a stationary source is exempt from the notification requirements 

of subsections (d) and (e) of this section if 

(1) The owner or operator holds a valid Title V permit for the stationary source issued by the 

Department; or 

(2) The owner or operator deliberately shuts down air pollution control or monitoring 

equipment in accordance with subsection (b)(2) of this section. 

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