R-39 REV . 1177 

IMPORTANT Read Instructions on bottom of 

Certification Page before completing this form 

Failure to comply with instructions may cause 

disapproval of proposed Regulations 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 1 of 97 pages 

REGULATION 

OF 

Environmental Protection 

Concerning 

Adoption of: Section 22a-174-2a - Procedural Requirements for New 

Source Review and Title V Permitting ; Section 22a-174-3a - Permit to 

Construct and Operate Stationary Sources; Section 22a-174-3b -

Exemptions from Permitting for Construction and Operation of External 

Combustion Units, Automotive Refinishing Operations, Nonmetallic 

Mineral Processing Equipment and Surface Coating Operations ; and 

Section 22a-174-3c -Limitations on Potential to Emit for External 

Combustion Units, Automotive Refinishing Operations, Emergency 

Engines, Nonmetallic Mineral Processing Equipment and Surface Coating 

Operations ; 

Amendment of: Section 22a-174-1 - Definitions; and Section 22a-174-33 

-Title V Sources; and 

Repeal of: Section 22a-174-2 - Registration Requirements for Existing 

Stationary Sources of Air Pollutants; and Section 22a-174-3 - Permits to 

Construct and Permits to Operate Stationary Sources or Modifications 

Section: 1 

Attachment A 

Section 1 . Section 22a-174-1 of the Regulations of Connecticut 

State Agencies is amended to read as follows: 

Sec . 22a-174-1 . Definitions . 

[For the purposes of sections 22a-174-1 through 22a-174-200 

the following definitions shall be used :] EXCEPT AS MAY OTHERWISE 

BE PROVIDED, AS USED IN SECTIONS 22a-174-1 TO 22a-174-200, 

INCLUSIVE, OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES : 

(1) ["Actual emissions" means the rate of emissions from a source, 

including fugitive emissions quantified by permit, order or by 

registration information, after application of air pollution 

control equipment, of a particular air pollutant where the rate of 

emissions is calculated using : 

(A) 

(B) 

Real or expected production rates, hours of operation, 

and types of materials processed, stored or combusted 

for the period specified; and 

Information from the "Compilation of Air Pollutant 

Emission Factors" (AP-42) published by the U . S . 

Environmental Protection Agency, relevant source test 

data or other information deemed more representative by 

the Commissioner . 

For the purposes of determining actual emissions in 

subsections (k) and (1) of section 22a-174-3 and in the definitions 

of excessive concentration, commence or commencement and potential 

emissions, the Commissioner shall determine the actual emissions of 

a stationary source over the two (2) year period prior to the date 

of an application under subsection 22a-174-3(a) . The Commissioner 

may allow or require the use of another period which is deemed more 

representative, but in no event can it be before the design year of 

an applicable attainment plan .] 

"ACT" MEANS THE FEDERAL CLEAN AIR ACT, 42 USC SECTIONS 7401 TO 

7671q AND PUBLIC LAW 101-549 . 

(2) "ACTUAL EMISSIONS" HAS THE SAME MEANING AS IN 40 CFR 

51 .165(a)(1)(xii)(A) TO (E), INCLUSIVE . 

[(2)] (3) "Administrator" means the [administrator] ADMINISTRATOR 

of the United States Environmental Protection Agency . 
R-39 REV . 1/77 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 2 of 97 pages 

REGULATION 

OF 

Environmental Protection 

Section: 

(n4^}- nPeFFBG£60 ~-ifTS OR 6TIAT-ES" iRM",S T-ijg 

[(3)] (5) "Air pollutant" means dust, fumes, mist, smoke, other 

particulate matter, vapor, gas, aerosol, odorous substances, or any 

combination thereof, but does not include carbon dioxide EXCEPT IN 

ACCORDANCE WITH REGULATIONS ADOPTED PURSUANT TO SECTIONS 22a-174d 

OR 22a-174j OF THE CONNECTICUT GENERAL STATUTES, uncombined water 

vapor or water droplets, or molecular oxygen EXPRESSED AS 02 or 

nitrogen . 

((4)](6) "Air pollution" means the presence in the [outdoor 

atmosphere] AMBIENT AIR of one or more air pollutants or any 

combination thereof in such quantities and of such characteristics 

and duration as to be, or [be] likely to be, injurious to public 

welfare OR THE ENVIRONMENT, to the health of human, plant or animal 

life, or to property, or as unreasonably to interfere with the 

enjoyment of life and property . 

(7) "AIR POLLUTION CONTROL EQUIPMENT" MEANS ANY EQUIPMENT WHICH IS 

DESIGNED TO REDUCE EMISSIONS OF AIR POLLUTANTS FROM A STATIONARYSOURCE . 

[(5)](8) "Allowable emissions" [means the rate of emissions from a 

stationary source of a particular air pollutant where the emission 

rate is calculated using the maximum rated capacity of the source, 

unless the source is subject to permit conditions or other order of 

the Commissioner which limit the maximum rated capacity by 

restricting the operating rate or hours of operation of the source, 

and the most stringent of the following : 

(A) Applicable standards as set forth in Title 40 of the 

Code of Federal Regulations Part 60 and Part 61, as 

from time to time may be amended; 

(B) The applicable emission limitation under these 

regulations including those with a future compliance 

date ; 

(C) The emission rate specified as a condition of a permit 

or order issued by the Commissioner, including any such 

condition with a future compliance date ; or 

(D) The applicable emission limitation under the State 

Implementation Plan, including any such limitation with 

a future compliance date . 

For the purpose of calculating allowable emissions in 

subparagraph 22a-174-3(c)(1)(B), subdivisions (k)(5), (k)(6), 

(1)(1) or (1)(5) in section 22a-174-3 or in the definitions of 

dispersion technique and excessive concentration, the emission 

limitation in (B) above, emission rate in (C) above and the permit 

conditions or other order of the Commissioner which limit the 

maximum rated capacity by restricting the operating rate or hours 

of operation of the source must be federally enforceable .] MEANS 

"ALLOWABLE EMISSIONS" AS DEFINED IN 40 CFR 51 .165(a)(1)(xi) . 

((6)](9) "Ambient air" means that portion of the atmosphere_, 

external to buildings, to which the general public has access . 

((7)] (10) "AAQS" OR "Ambient air quality standard" [or 0AAQS"] 

means any standard which establishes the largest allowable 

concentration of a specific pollutant in the ambient air [or] OF a 

region or subregion as established by the United States 
R-39 REV . 1177 

Section : 6 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 3 of 97 pages 

REGULATION 

OF 

Environmental Protection 

Environmental Protection Agency or by the [Commissioner] 

COMMISSIONER and which is listed in section 22a-174-24[ .] OF THE 

REGULATIONS OF CONNECTICUT STATE AGENCIES . 

[(8)](11) "Architectural coating" means a coating used for 

residential or commercial buildings and their appurtenances, or 

industrial buildings, or other outdoor structures . 

[(9)](12) "Attainment" means that the quality of the ambient air, 

as determined by the [Commissioner] ADMINISTRATOR, meets [National] 

THE Ambient Air Quality Standards for a given air pollutant_. [for 

which such standards have been established by the United States 

Environmental Protection Agency .] 

[(10)](13)"Attainment area" means a geographic area which has been 

designated BY THE ADMINISTRATOR as attainment [under Title] 

PURSUANT TO 40 [Code of Federal Regulations] CFR [Part] 81 in 

accordance with the provisions of 42 [U .S .C .] USC [Section] 7407 

[(section 107 of the Clean Air Act)] . 

(14) "BASELINE CONCENTRATION" MEANS "BASELINE CONCENTRATION" AS 

DEFINED IN 40 CFR 51 .166(b)(13)(i) TO (ii)(b), INCLUSIVE . 

[(11)](15) "Best Available Control Technology" or "BACT" means an 

emission limitation, including a [visible emission standard,] 

LIMITATION ON VISIBLE EMISSIONS, based upon the maximum degree of 

reduction for each applicable air pollutant emitted from any 

proposed stationary source or modification which the [Commissioner] 

COMMISSIONER, on a case-by-case basis, determines is achievable IN 

ACCORDANCE WITH SECTION 22a-174-3a OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES . [for a similar or representative type 

of source or modification through] BACT MAY INCLUDE, WITHOUT 

LIMITATION, THE application of production processes, WORK PRACTICE 

STANDARDS or available methods, systems, and techniques, including 

fuel cleaning or treatment, THE USE OF clean fuels, or innovative 

[fuel combustion] techniques for THE control of such air 

pollutant[ . In determining BACT the Commissioner may take into 

account any emission limitation, including any visible emission 

standard, which has been achieved in practice under any permit 

limitation or demonstrated by any stack test acceptable to the 

Commissioner . For the purposes of this definition, the 

Commissioner may exclude any stack test on a pilot plant or 

prototype equipment which does not have reasonable operating 

experience or which may not be generally available for industry 

use. In determining BACT the Commissioner shall take into account 

energy, environmental and economic impacts and other costs . In no 

event shall the application of BACT result in emissions of any 

pollutant which would exceed the emission allowed by an applicable 

standard under Title 40 of the Code of Federal Regulations Part 60 and Part 61, as from time to time may be amended . In determining 

BACT for a reconstructed source, the Commissioner shall take into 

account the provisions of Title 40 of the Code of Federal 

Regulations Part 60 .15(f)(4), as from time to time may be amended, 

in assessing whether a standard of performance under Part 60 is 

applicable to such source . If the Commissioner determines that 

technological or economic limitations on the application of 

measurement methodology to a particular class of sources would make 

the imposition of an emission standard infeasible, the Commissioner 

may prescribe a design, equipment, work practice or operational 

standard, or combination thereof, to satisfy the requirement for the application of BACT . Such standard shall, to the degree 

possible, set forth the emission reduction achievable by 

implementation of such design, equipment, work practice or 

operation and shall provide for compliance by means which achieve 

equivalent results] . 
R-39 REV . 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 4 of 97 pages 

REGULATION 

OF 

Environmental Protection 

[(12)](16) "Begin actual construction" [means initiation of 

physical on-site construction activities of an emissions unit which 

are of a permanent nature . Such activities include, but are not 

limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent 

storage structures . With respect to a change in the method of 

operation this term refers to those on-site activities which mark 

the initiation of the change .] MEANS "BEGIN ACTUAL CONSTRUCTION" AS 

DEFINED IN 40 CFR 51 .165(a)(1)(xv) . 

[(13)](17) ["BTU"] "BTU" means British thermal unit, which is the 

amount of heat required to raise the temperature of one pound of 

water one degree Fahrenheit . 

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[(15)](19) "CFR" means the Code of Federal Regulations . 

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(21) "COMMENCE OPERATION" MEANS THE OWNER OR OPERATOR OF THE 

STATIONARY SOURCE HAS BEGUN, OR CAUSED TO BEGIN, ANY ACTIVITY 

HAS THE POTENTIAL TO EMIT ANY AIR POLLUTANT . 

WHICH 

[(17)](22) "Commence[" or "Commencement" as applied to construction 

of a stationary source or modification] CONSTRUCTION" means that 

the owner or operator OF THE PROPOSED STATIONARY SOURCE OR PROPOSED 

MODIFICATION TO A STATIONARY SOURCE has all necessary permits or 

approvals required [under federal air quality control laws and 

these regulations,]PURSUANT TO THE ACT, ANY REGULATIONS ADOPTED 

THEREUNDER AND SECTION 22a-174-1, ET SEQ . OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES, and has either : 

(A) Begun, or caused to begin, a CONTINUOUS program of 

physical on-site construction of the source[ :],SUBJECT 

TO THE PERMIT ISSUED BY THE COMMISSIONER, WITHOUT ANY 

BREAKS IN SUCH CONSTRUCTION OF MORE THAN EIGHTEEN 

MONTHS ; OR 

[(i) subject to a schedule which will lead to completion 

in a reasonable time ; and 

(ii) without any breaks in such construction of more 

than 18 months ; or] 

(B) Entered into [site specific] binding agreements or 

contractual obligations TO UNDERTAKE ACTUAL CONSTRUCTION 

OF THE SOURCE WITHIN A REASONABLE TIME, which cannot be 

[cancelled] CANCELED or modified without substantial 

ECONOMIC loss to the owner or operator[, to undertake a 

program of construction of the source to be completed 

within a reasonable time] . 

[For the purposes of this definition construction means any 

physical change or change in the method of operation (including 
R-39 REV . 1177 

Section : 

STATE OF CONNECTICUT Page 5 of 97 pages 

REGULATION 

OF 

NAME OF AGENCY 

6 

Environmental Protection 

fabrication, erection, installation, demolition, or modification) 

which would result in a change in either potential or actual 

emissions .] 

[(18)](23) "Commissioner" means the Commissioner of Environmental 

Protection, or any member of the Department or any local air 

pollution control official or agency authorized by the 

[Commissioner] COMMISSIONER, acting singly or jointly, to whom the 

[Commissioner] COMMISSIONER assigns any function arising under the 

provisions of these regulations . 

(24) "CONSTRUCTION" MEANS "CONSTRUSTION" AS DEFINED IN 40 CFR 

51 .165 (a) (1) (xviii) . 

(25) "CEM" OR "CONTINUOUS EMISSION MONITORING" MEANS A SYSTEM FOR 

CONTINUOUSLY MEASURING THE EMISSIONS OF ANY POLLUTANT FROM A 

STATIONARY SOURCE . 

(26) "CERC" OR "CONTINUOUS EMISSION REDUCTION CREDIT" MEANS A REAL, 

QUANTIFIABLE, SURPLUS, PERMANENT AND ENFORCEABLE REDUCTION OF AN 

AIR POLLUTANT AT A SOURCE WHICH IS : 

(A) CERTIFIED BY THE COMMISSIONER THROUGH A SIP APPROVED "-

PLAN ; AND 

(B) GENERATED OVER AN UNINTERRUPTED PERIOD OF TIME IN 

INCREMENTS OF ONE TON OF A SPECIFIED AIR POLLUTANT . 

[(19)](27) "Criteria [Air Pollutant"] AIR POLLUTANT" means any air 

pollutant for which an ambient air quality standard has been 

established by the [administrator] ADMINISTRATOR in accordance with 

Section 107 of the [Clean Air] Act . 

[(20)](28) "Department" means the Department of Environmental 

Protection . 

[(21) "Deterioration in air quality" means that a pollutant 

concentration in a region or subregion for any pollutant specified 

in these regulations will exceed the maximum pollutant 

concentration for the specified time period for that region or 

subregion .] 

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R-39 REV. 1177 

Section : s 

STATE OF CONNECTICUT Page 6 of 97 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

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R-39 REV. 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 7 of 97 pages 

REGULATION 

OF 

Environmental Protection 

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[(23)](30) "Discharge point" means any stack [and shall also 

include any] OR area from which a hazardous air pollutant IS 

RELEASED INTO THE AMBIENT AIR [emanates by evaporation, diffusion, 

or wind entrainment into the ambient air] . 

[(24)](31) "Dispersion technique" [means any method which attempts 

to affect the concentration of a pollutant in the ambient air by : 

(A) Using that portion of a stack which exceeds the good 

engineering practice stack height ; 

(B) Varying the rate of emission of a pollutant according to 

atmospheric conditions or ambient concentrations of that 

pollutant ; or 

(C) Increasing final exhaust gas plume rise by manipulating 

source process parameters, exhaust gas parameters, stack 

parameters, or combining exhaust gases from several 

existing stacks into one stack or other selective 

handling of exhaust gas so as to increase the exhaust 

gas plume rise . 

The preceding sentence does not include : 

(i) the reheating of a gas stream, following use of a 

pollution control system, for the purpose of 

returning the gas to the temperature at which it 

was originally discharged from the facility 

generating the gas stream ; 

(ii) the merging of exhaust gas streams where : 

(aa) the owner or operator demonstrates that the 

facility was originally designed and 

constructed with such merged gas streams ; or 

(bb) after July 8, 1985 such merging is part of a 

change in operation at the facility that 
R-39 REV . 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 8 of 97 pages 

REGULATION 

OF 

Environmental Protection 

includes the installation of pollution 

controls and is accompanied by a net reduction 

in the allowable emissions of a pollutant . 

This exclusion from the definition of 

dispersion technique applies only to the 

emission limitation for the pollutant affected 

by such change in operation ; or 

(cc) before July 8, 1985 such merging was part of a 

change in operation at the facility that 

included the installation of emissions control 

equipment or was carried out for sound 

economic or engineering reasons . Where there 

was an increase in the emission limitation or, 

in the event that no emission limitation was 

in existence prior to the merging, an increase 

in the quantity of pollutants actually emitted 

prior to the merging, the Commissioner shall 

presume that merging was significantly 

motivated by an intent to gain emissions 

credit for greater dispersion . Absent a 

demonstration by the source owner or operator 

that the merging was not significantly --

motivated by such intent, the Commissioner 

shall deny credit for the effect of such 

merging in calculating the allowable 

emissions of the source . 

(iii) smoke management in agricultural or silvacultural 

prescribed burning programs ; 

(iv) episodic restrictions on residential woodburning 

and open burning ; or 

(v) techniques under part C of this definition which 

increase final exhaust gas plume rise where the 

resulting allowable emissions of sulfur dioxide do 

not exceed five thousand (5,000) tons per year .] 

MEANS "DISPERSION TECHNIQUE" AS DEFINED IN 40 CFR 

51 .100(hh) . 

(32) "DERC" OR "DISCRETE EMISSION REDUCTION CREDIT" MEANS THE 

REAL, QUANTIFIABLE, SURPLUS, PERMANENT, AND ENFORCEABLE REDUCTION 

OF AN AIR POLLUTANT AT A SOURCE, WHICH IS : 

(A) CERTIFIED BY THE COMMISSIONER THROUGH A SIP APPROVED 

PLAN ; AND 

(B) GENERATED DURING A SPECIFIED PERIOD OF TIME . 

((25)](33) "Emission" means the [act of releasing] RELEASE or 

[discharging] DISCHARGE OF AN air [pollutants] POLLUTANT into the 

ambient air from any source . 

((26)](34) "Emission limitation" and "Emission standard" [mean a 

requirement established by the Commissioner or the Administrator 

which limits the quantity, rate, or concentration of emissions of 

air pollutants on a continuous basis, including any requirement 

which limits the level of opacity, prescribes equipment or fuel 

specifications, or relates to the operation or maintenance of a 

source to assure continuous emission reduction .] MEANS "EMISSIONS 

LIMITATION" AND "EMISSION STANDARD" AS DEFINED IN 40 CFR 51 .100(z) . 

(35) "EMISSION UNIT" MEANS "EMISSION UNIT" AS DEFINED IN 40 CFR 

51 .165(a)(1)(vii) . 
R-39 REV. 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 9 of 97 pages 

REGULATION 

OF 

Environmental Protection 

(36) "ERC" OR "EMISSION REDUCTION CREDIT" MEANS REAL, QUANTIFIABLE, 

SURPLUS, PERMANENT, AND ENFORCEABLE REDUCTIONS OF AIR POLLUTANT 

EMISSIONS FROM A SOURCE, WHEN SUCH REDUCTIONS ARE CERTIFIED BY THE 

COMMISSIONER THROUGH A SIP APPROVED PLAN AND RECORDED AS CERCS OR 

DERCS . 

[(27)](37) "Excessive concentration" [has the same meaning as 

ascribed to that term in Title 40 Code of Federal Regulations Part 

51 .100(kk)] MEANS "EXCESSIVE CONCENTRATION" AS DEFINED IN 40 CFR 

51 .000(kk) . 

[(28)](38) "Federally enforceable" [means all limitations and 

conditions which are : approved by the Administrator, including 

those requirements developed pursuant to 40 CFR Parts 60 and 61 ; 

requirements within any applicable State Implementation Plan (SIP) ; 

any permit requirements established pursuant to 40 CFR Parts 52 .10, 

52 .21, 70 or 71, under regulations approved pursuant to 40 CFR Part 

51, subpart I ; and any permit to construct requirements established 

pursuant to section 22a-174-3 .] MEANS "FEDERALLY ENFORCEABLE AS 

DEFINED IN 40 CFR 51 .165(a)(1)(xiv) . 

[(29)](39) "Flare" means an apparatus, (or contrivance] DEVICE, 

PROCESS, OR PROCEDURE for the burning of flammable gases or vapo2s 

at or near the exit of a stack, flue or vent . 

[(30)](40) "Fuel-burning equipment" means any furnace, boiler, 

apparatus, stack, and all appurtenances thereto, used in the 

process of burning fuel for the primary purpose of producing heat 

or power . 

[(31)](41) "Fugitive dust" means solid airborne particulate matter 

emitted from any source other than through a stack . 

[(32)](42) "Fugitive emissions" means fugitive dust or those 

emissions (which could not] THAT CANNOT reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening . 

((33)](43) "Good engineering practice (GEP) stack height" [or 

0(GEP)" has the same meaning as ascribed to that term in Title 40 

Code of Federal Regulations Part CFR 51 .100(ii)] MEANS "GOOD 

ENGINEERING PRACTICE (GEP) STACK HEIGHT" AS DEFINED IN 40 CFR 

51 .100(ii) . 

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[(35)"Hazardous air pollutant advisory panel" or "Panel" means 

panel created by Public Act 85-590 .] 

. 

the 

in Table 29 1, 29 9, 

THE REGUEIAT46NG 9P 

((37)](46) "Heat input" means the total gross calorific value of 

all fuels burned, measured in (BTU] BTU by ASTM Method D2015-66, 

D240-64, or D1826-64, using the (higher] HIGHEST heating value of 

each fuel . 
R-39 REV . 1177 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 10 of 97 pages 

REGULATION 

OF 

Environmental Protection 

[(38)](47) "Incinerator" means any device, apparatus, equipment, 

SLAB, or structure used for destroying, reducing, or salvaging, by 

fire OR HEAT, any material or substance including, but not limited 

to, refuse, rubbish, garbage, trade waste, debris or scrap ; or 

facilities for cremating human or animal remains[ . For further 

definitions related to incineration, see subdivision 22a-174-

18(c)(1) .] PROVIDED THAT, FOR THE PURPOSES OF THIS DEFINITION, 

SOURCES COMBUSTING THE FOLLOWING USED OIL TYPES ARE NOT 

INCINERATORS : 

(A) USED OIL MEETING THE SPECIFICATIONS OF 40 CFR 279 .11 ; OR 

(B) USED OIL BURNED IN SPACE HEATERS MEETING THE 

REQUIREMENTS OF 40 CFR 279 .23 . 

[(39)](48) "Indian Governing Body" HAS THE SAME MEANING AS IN 40 

CFR 51 .166(b)(28) . [means the governing body of any tribe, band or 

group of Indians which tribe, band or group of Indians is subject 

to the jurisdiction of the United States and recognized by the 

United States as possessing power of self-government .] 

[(40)](49) "Indian reservation" [means any federally recognized 

reservation established by Treaty, Agreement, Executive Order ofAct of Congress .] MEANS "INDIAN RESERVATION" AS DEFINED IN 40 CFR 

51 .166(b)(27) . [(41)](50) "Indirect source" means any building, structure, 

facility installation, or combination thereof, that has or leads to 

associated activity as a result of which an air pollutant is or may 

be emitted . Indirect sources include, but are not limited to : 

shopping centers, sports complexes[ ;], drive-in theaters or 

restaurants[ ;], parking lots or garages[ ;], residential, 

commercial, industrial or institutional buildings or 

developments[ ;], amusement parks and other recreational areas( ;], 

highways[ ;], AND airports [and combinations thereof] . 

[(42)](51) "Indirect source construction permit" means a permit 

[for] ISSUED BY THE COMMISSIONER AUTHORIZING the construction of an 

indirect source [which is required to ensure that the proposed 

indirect source will neither prevent nor interfere, either directly 

or indirectly, with the attainment or maintenance of any applicable 

ambient air quality standard] . 

(52) "INNOVATIVE CONTROL TECHNOLOGY" MEANS "INNOVATIVE CONTROL 

TECHNOLOGY" AS DEFINED IN 40 CFR 51 .166 (b)(19) . 

[(43)](53) "Internal offset" means any federally enforceable 

reduction of actual emissions from one or more stationary sources 

on [a premise] THE SAME PREMISES which [can be] ARE used to offset 

[allowable] POTENTIAL emissions increases from a proposed [new] 

stationary source [or modification on such premise] ON SUCH 

PREMISES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 22a-174-3a(1) 

OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 

[(44)](54) "LAER1' or "Lowest Achievable Emission Rate" [means the 

rate of emissions, which reflects the more stringent of : 

(A) The most stringent emission limitation which is 

contained in any state implementation plan for such 

class or category of stationary source, unless the owner 

or operator demonstrates to the Commissioner's 

satisfaction that such limitations are not achievable ; 

or 
R-39 REV . 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 11 of 97 pages 

REGULATION 

OF 

Environmental Protection 

(B) The most stringent emission limitation which is achieved 

in practice by such stationary source or category of 

stationary source . 

In determining LAER the Commissioner may take into account any 

emission limitation, including a visible emission standard, which 

has been established as a permit limitation or demonstrated by a 

stack test acceptable to the Commissioner . For the purposes of this 

definition, the Commissioner may exclude any stack test on a pilot 

plant or prototype equipment which does not have reasonable 

operating experience or which may not be generally available for 

industry use . In no event shall the application of this term 

permit a proposed new or modified source to emit any pollutant in 

excess of the amount allowable under applicable standards in Title 

40 of the Code of Federal Regulations Part 60 and Part 61, as from 

time to time may be amended.] MEANS "LOWEST ACHIEVEABLE EMISSION 

RATE" AS DEFINED IN 40 CFR 51 .165(a)(1)(xiii) . 

((45)](55) "Major modification" [means a physical change or change 

in the method of operation of a major stationary source which would 

result in an increase in potential emissions of any individual air 

pollutant equal to or greater than the amount listed in Table 3(k)-

1 in section 22a-174-3 1(m)-1 . For the purposes of this --

definition : 

(A) A major stationary source of volatile organic compounds 

or nitrogen oxides shall be considered a major 

stationary source for ozone ; 

(B) In calculating potential emissions any physical or 

operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control 

equipment, or restrictions on production rates, hours of 

operation, and types of materials processed, stored or 

combusted which limit the maximum rated capacity shall 

be treated as part of its design if the limitation or 

the effect the limitation would have on emissions is 

federally enforceable ; 

(C) in calculating a potential emissions increase of 

volatile organic compounds or nitrogen oxides, all 

previous increases in potential emissions from the 

subject premise shall be aggregated over the most recent 

five (5) consecutive calendar years . Such five (5) year 

period shall not precede January 1, 1991 and shall 

include the calendar year in which the proposed increase 

will occur. Such aggregation shall exclude emission 

increases previously permitted under subsection 22a-174-

3(1) . If such aggregated emissions are greater than 

twenty-five (25) tons over the five (5) year period, 

then the annual average of such aggregated emissions 

shall be added to the increase in potential emissions in 

determining if such emissions increase is equal to or 

greater than the amount listed in Table 3(k)-1 in 

section 22a-174-3 .j 

MEANS "MAJOR MODIFICATION" AS DEFINED IN 40 CFR 51 .165 

(a)(1)(v), PROVIDED THAT, FOR THE PURPOSES OF THIS DEFINITION, 

THE TERM "SIGNIFICANT" HAS THE SAME MEANING AS IN 40 CFR 

51 .166(b)(23)(i) AND: 

(A) THE VALUES FOR NITROGEN OXIDES AS AN OZONE PRECURSOR AND 

VOLATILE ORGANIC COMPOUNDS ARE EACH TWENTY-FIVE (25) 

TONS PER YEAR, AND 

(B) ASBESTOS, BERYLLIUM AND VINYL CHLORIDE ARE EXCLUDED . 
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(56) "MAJOR SOURCE BASELINE DATE" MEANS JANUARY 6, 1975 FOR 

PARTICULATE MATTER AND SULFUR DIOXIDE AND FEBRUARY 8, 1988 FOR 

NITROGEN DIOXIDE. 

(57) "Major stationary source" [means : 

(A) A premise with potential emissions equal to or greater 

than one hundred (100) tons per year of any individual 

air pollutant prior to the application for a 

modification to that stationary source or addition to 

the premise ; or the more stringent of the following 

applicable thresholds shall apply : 

(i) fifty (50) tons per year of volatile organic 

compounds or nitrogen oxides in any serious 

non-attainment area for ozone ; or 

(ii) twenty-five (25) tons per year of volatile organic 

compounds or nitrogen oxides in any severe 

non-attainment area for ozone ; 

(B) A premise with potential emissions equal to or greaterthan the thresholds in subparagraph (A) above after 

taking into consideration : 

(i) any increase in potential emissions of fifteen (15) 

tons per year or more from a proposed modification 

or the addition of a proposed stationary source ; 

and 

(ii) any other increases and decreases in potential 

emissions which the Commissioner determines will 

occur before the date that the increase from the 

proposed modification occurs ; or 

(C) a physical change or change in the method of operation 

of a premise which in and of itself has potential 

emissions greater than or equal to the thresholds in 

subparagraph (A) above ; 

(D) for the purposes of this definition, 

(i) a major stationary source of volatile organic 

compounds or nitrogen oxides shall be considered a 

major stationary source for ozone ; and 

(ii) in calculating potential emissions any physical or 

operational limitation on the capacity of the 

source to emit a pollutant, including air pollution 

control equipment, or restrictions on production 

rates, hours of operation, and types of materials 

processed, stored or combusted which limit the 

maximum rated capacity shall be treated as part of 

its design if the limitation or the effect the 

limitation would have on emissions is federally 

enforceable .] 

MEANS "MAJOR STATIONARY SOURCE" AS DEFINED IN 40 CFR 

51 .165(a)(1)(iv), PROVIDED THAT : 

(A) A STATIONARY SOURCE THAT EMITS OR HAS THE POTENTIAL TO 

EMIT TWENTY-FIVE (25) TONS PER YEAR OF VOLATILE ORGANIC 

COMPOUNDS OR NITROGEN OXIDES AS AN OZONE PRECURSOR IN 

ANY SEVERE OZONE NONATTAINMENT AREA IS A MAJOR 

STATIONARY SOURCE, AND 
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A STATONARY SOURCE THAT EMITS OR HAS THE POTENTIAL TO 

EMIT FIFTY (50) TONS PER YEAR OF VOLATILE ORGANIC 

COMPOUNDS OR NITROGEN OXIDES AS AN OZONE PRECURSOR IN 

ANY SERIOUS OZONE NONATTAINMENT AREA IS A MAJOR 

STATIONARY SOURCE . 

(58) "MALFUNCTION" MEANS "MALFUNCTION" AS DEFINED IN 40 CFR 60 .2 . 

(59) "MACT" OR "MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY" MEANS A 

METHOD OF ACHIEVING AN EMISSION LIMITATION OR REDUCING THE EMISSION 

OF HAZARDOUS AIR POLLUTANTS AS DETERMINED BY THE COMMISSIONER 

PURSUANT TO SECTION 22a-174-33(e) OF THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES OR BY THE ADMINISTRATOR PURSUANT TO 40 CFR 63 . 

[(48) "Maximum pollutant concentration" means the largest 

concentration of a specific pollutant in a region or subregion 

either as a measured or calculated value, as determined by the --

Commissioner, for the twelve months ending on June 30, 1972 . The 

time periods to be averaged for the purpose of establishing maximum 

pollutant concentrations shall be as follows : for sulfur oxides, 

particulate matter, and nitrogen dioxide, one year ; for carbon 

monoxide, eight hours; for photochemical oxidants, one hour ; for 

hydrocarbons, three hours .] 

[(49)](61) "Maximum [rated] capacity" means the design maximum 

hourly capacity OF A STATIONARY SOURCE or highest demonstrated 

hourly capacity OF A STATIONARY SOURCE, whichever is greater, 

multiplied by 365 days per year and 24 hours per day[ .], OR SOME 

OTHER TIME PERIOD AS MAY BE ACCEPTED BY THE COMMISSIONER . 

[(50)](62) "Maximum uncontrolled emissions" means the rate of 

emissions for a source, determined [before] WITHOUT the application 

of air pollution control equipment unless the source is incapable 

of being operated without the air pollution control equipment, of a 

particular air pollutant where [the] SUCH rate [of emissions] is 

calculated using : 

(A) The maximum [rated] capacity of the source unless the 

[Commissioner] COMMISSIONER determines that the source 

is physically unable to operate at that capacity or 

unless the maximum [rated] capacity is limited by 

restrictions on production rates, hours of operation, 

[and] OR types of materials processed, stored or 

combusted either through permit conditions or other 

order of the [Commissioner] COMMISSIONER ; and 

(B) Information from the Compilation of Air Pollutant 

Emission Factors (AP-42) published by the U. S . 

Environmental Protection Agency, relevant source test 

data or other information deemed more representative by 

the [Commissioner .] COMMISSIONER . 

(63) "MINOR PERMIT MODIFICATION" MEANS A CHANGE TO A PERMIT THAT IS 

REQUIRED FOR THE PERMITTEE TO LAWFULLY ENGAGE IN ANY OF THE 

ACTIVITIES OR PROPOSED ACTIVITIES AT A STATIONARY SOURCE AS 

IDENTIFIED IN SECTION 22a-174-2a(e) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES . 
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(64) "MINOR SOURCE" MEANS ANY STATIONARY SOURCE WHICH EMITS, AND 

HAS THE POTENTIAL TO EMIT, POLLUTANTS AT RATES OR IN AMOUNTS LOWER 

THAN THOSE SPECIFIED IN SUBDIVISION (57) OF THIS SUBSECTION . 

(65) "MINOR SOURCE BASELINE DATE" MEANS JUNE 7, 1988 FOR 

PARTICULATE MATTER, DECEMBER 17, 1984 FOR SULFUR DIOXIDE AND JUNE 

7, 1988 FOR NITROGEN DIOXIDE. 

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

to move from one location to another during normal operation except 

portable equipment and includes, but is not limited to, 

automobiles, buses, trucks, tractors, earth moving equipment, 

hoists, cranes, aircraft, locomotives operating on rails, vessels 

for transportation on water, lawnmowers, and other small home 

appliances . 

((52)] (67) ("Modify" or] "Modification" OR "MODIFIED SOURCE" means 

WITH RESPECT TO A STATIONARY SOURCE, ANY PHYSICAL CHANGE OR CHANGE 

IN THE METHOD OF OPERATION THAT WOULD RESULT IN AN EXCEEDANCE OF 

THE ALLOWABLE EMISSIONS OF ANY INDIVIDUAL AIR POLLUTANT, ANY 

INCREASE IN THE MAXIMUM CAPACITY, OR ANY POTENTIAL EMISSIONS OF ANY 

INDIVIDUAL AIR POLLUTANT NOT PREVIOUSLY EMITTED, EXCEPT THAT : 

(A) ROUTINE MAINTENANCE, REPAIR OR REPLACEMENT AT A 

STATIONARY SOURCE SHALL NOT BE CONSIDERED A PHYSICAL 

CHANGE ; AND 

[(A) making any physical change in, change in the method 

of operation of, or addition to a stationary source 

which : 

(i) increases the potential emissions of any 

individual air pollutant from a stationary 

source by five (5) tons per year or more ; or 

(ii) increases the maximum rated capacity of the 

stationary source unless the owner or operator 

of the stationary source demonstrates to the 

Commissioner's satisfaction that such increase 

is less than fifteen percent (15%) and the 

change or addition does not cause an increase in 

the actual emissions or the potential emissions 

; or 

(iii)increases the potential emissions above the 

levels listed in Table 3(k)-1 of subsection 22a174-3(k) ; or 

(iv) increases maximum uncontrolled emissions from a 

stationary source by one hundred (100) tons per 

year or more .] 

(In addition a change in the type fuel used in 

accordance with a permit or order, or the type of fuel 

for which the source has provided registration under 

section 22a-174-2 to the Commissioner shall be 

considered a modification unless such change is allowed 

under a permit or other order of the Commissioner either 

of which is federally enforceable .] 

(B) [Notwithstanding the above, the] _THE following [are not 

modifications] SHALL NOT BE CONSIDERED A CHANGE IN THE 

METHOD OF OPERATION [unless the stationary source was 

previously limited by permit conditions or other order 

of the Commissioner] : 
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[(i) any routine maintenance, repair or replacement 

unless such replacement results in reconstruction 

as defined in this section ; or 

(ii) a change in the method of operation ; or] 

[(iii)](i) any increase in the production rate, if such 

increase does not exceed the operating design 

capacity of the affected facility[ ;] AND SUCH 

INCREASE DOES NOT CAUSE OR ALLOW AN EXCEEDANCE OF 

THE RATES OR EMISSION LIMITS AUTHORIZED BY A 

PERMIT,ORDER, OR JUDGEMENT FOR SUCH SOURCE, or 

((iv) ] (ii) any increase in hours of operation[ ; or]AND 

SUCH INCREASE DOES NOT CAUSE OR ALLOW AN EXCEEDANCE 

OF THE RATES OR EMISSION LIMITS AUTHORIZED BY A 

PERMIT,ORDER, OR JUDGEMENT FOR SUCH SOURCE . 

[(v) any change, the sole purpose of which is to bring 

an existing source into compliance with regulations 

applicable to such source, unless such change is a 

major modification or a major stationary source ; or 

(vi) relocation of a portable rock crusher with 

potential emissions of less than fifteen (15) tons 

per year which has a permit or exemption letter 

issued by the Commissioner under section 22a-174-3 

provided the owner or operator provides written 

notice to the Commissioner prior to the relocation ; 

or 

(vii) relocation of a portable stripping facility which 

has a general permit issued by the Commissioner 

pursuant to section 22a-174(1) of the Connecticut 

General Statutes, provided the owner or operator of 

such facility provides written notice to the 

Commissioner prior to the relocation .] 

(68) "MONITORING" MEANS ANY ACTION OR PROCEDURE THAT IS USED TO 

DETERMINE ACTUAL EMISSIONS FROM A STATIONARY SOURCE OR COMPLIANCE 

WITH THE REQUIREMENTS OF ANY PERMIT, ORDER, STATUTE OR REGULATION . 

[(53)](69) "Multiple-chamber incinerator" means any article, 

machine, equipment, contrivance, structure or part of a structure 

used to dispose of combustible refuse by burning[,] AND which 

consists of two or more refractory lined combustion furnaces in A 

series, physically separated by refractory walls[,] AND 

interconnected by gas passage ports or ducts [and employing] THAT 

EMPLOYS adequate design parameters necessary for maximum combustion 

of the material to be burned . 

[(54) "Nearby" has the same meaning as ascribed to that term in 

Title 40 Code of Federal Regulations Part 51 .100(jj) .] 

(70) "NET EMISSIONS INCREASE" MEANS "NET EMISSIONS INCREASE" AS 

DEFINED IN 40 CFR 51 .165 (a)(1)(vi) PROVIDED THAT : 

(A) FOR THE PURPOSES OF THIS DEFINITION, THE PHRASE 

"THIS SECTION" FOUND IN 40 CFR 

51 .165(a)(1)(vi)(C)(2) REFERS TO SECTIONS 22a174-3a(k) AND (1) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES, AND 

(B) ANY INCREASES OR DECREASES IN ACTUAL EMISSIONS AT 

A STATIONARY SOURCE ARE CREDITABLE ONLY IF SUCH 

INCREASES OR DECREASES OCCURED WITHIN THE 
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PREVIOUS FIVE (5) YEARS OF THE PRESENT 

MODIFICATION . 

[(55) "Netting" means determining the net emissions increase the 

determination of the increase or decrease, of potential emissions 

only, from stationary sources on any individual premise which the 

Commissioner determines will occur before the date that the 

increase from the proposed modification to the stationary source 

occurs] . 

[(56)](71) "Nitrogen oxides" or "Nox" means the sum of all oxides 

of nitrogen, expressed as nitrogen dioxide . 

((57)](72) "Non-attainment" (shall mean] MEANS that the quality of 

the ambient air, as [determined] MEASURED by the (Commissioner] 

COMMISSIONER, fails to meet any (National] Ambient Air Quality 

Standard for a given pollutant for which such standards have been 

established by the United States Environmental Protection Agency . 

[(58)](73) "Non-attainment air pollutant" means the particular air 

pollutant for which an area is designated AS A non-attainment AREA, 

except that volatile organic compounds and nitrogen oxides are nonattainment air pollutants[,] for ozone non-attainment areas . '- 

[(59)](74) "Non-attainment area" means a geographic area which has 

been designated as non-attainment [under Title] PURSUANT TO 40 

[Code of Federal Regulations Part] CFR el in accordance with the 

provisions of 42 (U .S .C section] USC 7407 (section 107 of the 

(Clean Air] Act) . 

[(60)"Non-degradation" means that air quality in any region or 

designated sub-region shall not deteriorate, as defined in this 

section .] 

(75) "NON-MINOR PERMIT MODIFICATION" MEANS A CHANGE TO A PERMIT 

THAT IS REQUIRED FOR THE PERMITTEE TO LAWFULLY ENGAGE IN ANY OF THE 

ACTIVITIES OR PROPOSED ACTIVITIES AT A STATIONARY SOURCE AS 

IDENTIFIED IN SECTION 22a-174-2a(d) OF THE REGULATIONS OF 

CONNECTICUT STATE AGENCIES . 

[(61)] (76) "Offset fill pipe" means a fill pipe that has bends or 

angles such that a straight sleeve cannot be installed . 

[(62)](77) "Opacity" means the degree to which emissions reduce 

the transmission of light and obscure the view of an object in the 

background . 

[(63)](78) "Open-burning" means the burning of any matter in such 

a manner that the products of combustion resulting from the burning 

are emitted directly into the ambient air without passing through 

(an adequate] A stack or flue . 

[(64)](79) "Operator" means the persori or persons who are legally 

responsible for the operation of a source of air pollution . 

[(65)](80) "Organic compounds" means any chemical compounds of 

carbon excluding carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbides, metallic carbonates and ammonium carbonate . 

[(66)](81) "Particulate matter" OR "PM" means any material, except 

water in uncombined form, that is or has been airborne and exists 

as a liquid or a solid (at standard conditions .] IN THE AMBIENT 

AIR . 

(82) "PM 2 .5" MEANS PARTICULATE MATTER WITH AN AERODYNAMIC 

DIAMETER LESS THAN OR EQUAL TO A NOMINAL 2 .5 MICROMETERS AS 
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Section: 6 

MEASURED BY A REFERENCE METHOD SET FORTH IN 40 CFR 50, APPENDIX L, 

AND DESIGNATED AS A REFERENCE METHOD IN ACCORDANCE WITH 40 CFR 53 

OR BY AN EQUIVALENT METHOD APPROVED BY THE ADMINISTRATOR IN 

ACCORDANCE WITH 40 CFR 53 . 

[(67)](83) "PM 10" means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers as measured 

by a reference method (based on appendix J of Title 40 Code of 

Federal Regulations Part 50 and designated in accordance with Title 

40 Code of Federal Regulations Part 53 as published in the July 1, 

1987 Federal Register or by an equivalent method approved by the 

Administrator in accordance with Title 40 Code of Federal 

Regulations Part 53 .) SET FORTH IN 40 CFR 50, APPENDIX M, AND 

DESIGNATED AS A REFERENCE METHOD IN ACCORDANCE WITH 40 CFR 53 OR BY 

AN EQUIVALENT METHOD APPROVED BY THE ADMINISTRATOR IN ACCORDANCE 

WITH 40 CFR 53 . 

[(68)](84) "Permit" [to construct"] means [a permit] ANY LICENSE 

ISSUED PURSUANT TO CHAPTER 446c OF THE CONNECTICUT GENERAL 

STATUTES .(for the construction of a stationary source, which is 

required to ensure : 

(A) That the proposed stationary source will not be in --

violation of any applicable emissions rate standards 

imposed by these regulations ; and 

(B) That the proposed stationary source will neither prevent 

nor interfere with the attainment or maintenance of any 

applicable ambient air quality standards as described in 

subparagraph 22a-174-3(c)(1)(B) .] 

[(69)"Permit to operate" means a permit which is required to 

ensure : 

(A) That the operations of a stationary source will be in 

compliance with any applicable emissions rate standards 

or other applicable requirements imposed by these 

regulations ; and 

(B) That the operations of a stationary source will neither 

prevent nor interfere with the attainment or maintenance 

of any applicable ambient air quality standards as 

described in subparagraph 22a-174-3(c)(1)(B) ; and 

(C) That all the terms of the permit to construct were 

fulfilled .] 

[(70)](85) "Person" [means any individual, corporation, 

partnership, firm, association, trust, estate, public or private 

institution, group, agency, political subdivision of this state, 

any other state, the United States, or political subdivision or 

agency thereof or any legal successor, representative, agent, or 

any agency of the foregoing .] MEANS "PERSON" AS DEFINED IN SECTION 

22a-170 OF THE CONNECTICUT GENERAL STATUTES . 

[(71) "Potential emissions" OR "potential to emit" means the rate 

of emissions from a stationary source, including fugitive emissions 

to the extent quantified by permit, order or by registration 

information, after application of air pollution control equipment, 

of a particular air pollutant such that the rate is equal to or 

greater than the actual emissions and where the rate is calculated 

using : 

(A) The maximum rated capacity of the stationary source, 

unless the maximum rated capacity is limited by 

restrictions on .production rates, hours of operation, 
R-39 REV . 1/77 

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and types of materials processed, stored or combusted 

either through permit conditions or other order of the 

Commissioner ; and 

(B) Information from the "Compilation of Air Pollutant 

Emission Factors" (AP-42) published by the U. S . 

Environmental Protection Agency, relevant source test 

data or other information deemed more representative by 

the Commissioner . 

For the purposes of this definition, in calculating potential 

emissions in subsections (k) and (1) of section 22a-174-3, 

subsections 22a-174-8(c) and 22a-174-20(ee) or in the definitions 

of major modification, major stationary source, netting and 

commence or commencement, any physical or operational limitation or 

condition restricting the capacity of the source to emit a 

pollutant, including air pollution control equipment or 

restrictions on production rates hours of operation and types of 

materials processed, stored or combusted which limit the maximum 

rated capacity shall be treated as part of its design if the 

limitation or condition, or the effect the limitation or condition 

would have on emissions is federally enforceable .] 

(86) "POTENTIAL EMISSIONS" OR "POTENTIAL TO EMIT" MEANS THE MAXIMUM 

CAPACITY OF A STATIONARY SOURCE, INCLUDING ALL PHYSICAL AND 

OPERATIONAL LIMITATIONS, TO EMIT ANY AIR POLLUTANT, INCLUDING 

FUGITIVE EMISSIONS TO THE EXTENT QUANTIFIABLE, PROVIDED THAT : 

(A) ANY PHYSICAL LIMITATION ON SUCH CAPACITY, NOT INCLUDING 

AIR POLLUTION CONTROL EQUIPMENT, SHALL BE TREATED AS 

PART OF THE STATIONARY SOURCE AS DETERMINED BY THE 

COMMISSIONER OR ADMINISTRATOR; AND 

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(B) ANY OPERATIONAL LIMITATION ON SUCH CAPACITY, INCLUDING 

AIR POLLUTION CONTROL EQUIPMENT, OR A RESTRICTION ON THE 

HOURS OF OPERATION OR ON THE TYPE OR AMOUNT OF MATERIAL 

PROCESSED, STORED OR COMBUSTED, SHALL BE TREATED AS PART 

OF THE STATIONARY SOURCE IF THE LIMITATION OR 

RESTRICTION IS PRACTICABLY ENFORCEABLE. 

(87) "PRACTICABLY ENFORCEABLE" MEANS : 

(A) ANY FEDERALLY ENFORCEABLE EMISSION LIMITATION OR 

RESTRICTION ON POTENTIAL EMISSIONS ; OR 

(B) ANY EMISSION LIMITATION OR RESTRICTION ON THE POTENTIAL 

EMISSIONS SET FORTH IN A PERMIT, ORDER, REGULATION OR . 

STATUTE ISSUED OR ADMINISTERED BY THE COMMISSIONER, 

PROVIDED SUCH EMISSION LIMITATION OR OPERATIONAL 

RESTRICTION: 

(i) IDENTIFIES THE SUBJECT STATIONARY SOURCE OR 

CATEGORY OF STATIONARY SOURCE, 

(ii) SPECIFIES AN EMISSION LIMITATION USING A SHORT TERM 

EMISSIONS RATE FOR SUCH STATIONARY SOURCE EXPRESSED 

IN POUNDS PER HOUR, POUNDS PER UNIT OF PRODUCTION 

OR CONCENTRATION LEVELS SUFFICIENT TO CALCULATE THE 

ACTUAL EMISSIONS FROM SUCH STATIONARY SOURCE OR 

SPECIFIES AN OPERATIONAL RESTRICTION FOR SUCH 

STATIONARY SOURCE SUCH AS HOURS OF OPERATION OR 

FUEL USE RESTRICTIONS SUFFICIENT TO CALCULATE THE 

ACTUAL EMISSIONS FROM SUCH SOURCE, 

(iii) SPECIFIES APPROPRIATE MONITORING TO DETERMINE 

COMPLIANCE WITH SUCH EMISSION LIMITATION OR 
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RESTRICTION SPECIFIED IN ACCORDANCE WITH 

SUBPARAGRAPH (ii) OF THIS SUBDIVISION PROVIDED THAT 

IF A TWELVE MONTH ROLLING AVERAGE IS SELECTED, THE 

MONITORING SHALL BE CEM OR EQUIVALENT, AND 

(iv) IF AN EMISSION LIMITATION OR OPERATIONAL 

RESTRICTION IS REQUIRED TO DEMONSTRATE THAT A STATE 

OR FEDERAL STANDARD DOES NOT APPLY, SUCH EMISSION 

LIMITATION OR RESTRICTION SHALL BE CALCULATED IN 

ACCORDANCE WITH SUBPARAGRAPH (ii) OF THIS 

SUBDIVISION AND EXPRESSED USING THE SHORTEST 

TECHNICALLY AND ECONOMICALLY FEASIBLE AVERAGING 

PERIOD, IN NO CASE LONGER THAN A TWELVE MONTH 

ROLLING AVERAGE. IF A TWELVE MONTH ROLLING AVERAGE 

IS SELECTED, THE MONITORING SHALL BE CEM OR 

EQUIVALENT . 

((72))(88) ("Premise"] "PREMISES" means the grouping of all stationary 

sources at any one location and owned or under the control of the same 

person or persons . 

(89) "PROCESS CHANGES TO CONTROL AIR POLLUTION" MEANS ANY 

MODIFICATION THAT ALTERS OR IMPLEMENTS PRODUCTION PROCESSES OR 

AVAILABLE METHODS, INCLUDING FUEL SWITCHING, SYSTEMS, TECHNIQUES, 

WORK PRACTICE STANDARDS, OPERATIONAL STANDARDS OR A COMBINATION 

THEREOF WHICH IS DESIGNED AND IMPLEMENTED FOR THE PRIMARY PURPOSE 

OF REDUCING EMISSIONS OF AIR POLLUTANTS FROM A STATIONARY SOURCE . 

[(73)](90) "Process source" means any operation, process, or 

activity except : 

(A) The burning of fuel for indirect heating in which the 

products of combustion do not come in contact with 

process material ; 

(B) The burning of refuse ; and 

(C) The processing of salvageable material by burning . 

[(74)](91) "Reasonably Available Control Technology" OR "RACT" 

means the lowest emission limitation that a particular [facility] 

STATIONARY SOURCE is capable of meeting by the application of 

control technology that is reasonably available considering 

technological and economic feasibility( .] [It may require 

technology that has been applied to similar, but not necessarily 

identical, source categories] . 

[(75)](92) "Reconstruct" or "reconstruction" means the renovation 

or re-building of a STATIONARY source in accordance with the 

provisions of (Title 40 of the Code of Federal Regulations Part 

60 .15] 40 CFR 60 .15 . A reconstructed STATIONARY source shall be 

considered a new STATIONARY source [for the purposes of these 

regulations] . [Use] THE USE of an alternative fuel or raw material 

by reason of an order in effect [under] PURSUANT TO sections 2(a) 

and (b) of the Federal Energy Supply and Environmental Coordination 

Act of 1974, or superseding legislation, or by reason of a Natural 

Gas Curtailment Plan pursuant to the Federal Power Act, or by 

reason of an order or rule [under] PURSUANT TO section 125 of the 

Clean Air Act, shall not be considered reconstruction . 

[(76)] (93) "Region" means a Connecticut intrastate Air Quality 

Control Region[,] or the Connecticut portion of an interstate Air 

Quality Control Region as defined by the [United States 

Environmental Protection Agency in Title 40 Code of Federal 

Regulations Part 81 .] EPA IN 40 CFR 81[ ;] . 
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[(77) "Remote fill pipe" means an offset fill pipe .] 

[(78)] (94) "Residual oil" means any fuel oil of No . 4, No . 5, or 

No . 6 grades, as defined by Commercial Standard C.S . 12-48 . 

[(79)](95) "Resources recovery facility" [means a facility 

utilizing processes aimed at reclaiming the material or energy 

values from municipal solid waste .] MEANS "RESOURCES RECOVERY 

FACILITY" AS DEFINED IN SECTION 22a-207(9) OF THE CONNECTICUT 

GENERAL STATUTES . 

[(80)](96) "Ringelmann chart" means the chart published and 

described in the U.S . Bureau of Mines Information Circular 8333 . 

(97) "SECONDARY EMISSIONS" MEAN "SECONDARY EMISSIONS" AS DEFINED IN 

40 CFR 51 .165(a)(1)(viii) . 

[(81)](98) "Serious non-attainment area for ozone" means all towns 

within the State of Connecticut, except those towns located in the 

severe non-attainment area for ozone . 

[(82)](99) "Severe non-attainment area for ozone" means the towns 

of [Beth*1] BETHEL, Bridgeport, Bridgewater, Brookfield, Danbury; 

Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New 

Fairfield, New Milford, Newtown, Norwalk, Redding, Ridgefield, 

Sherman, Stamford, Stratford, Trumbull, Weston, Westport and 

Wilton . 

[(83)"Soiling index" means a measure of the soiling properties of 

suspended particles in air determined by drawing a measured volume 

of air through a known area of Whatman No . . 4 filter paper for a 

measured period of time, expressed as COHs/1,000 linear feet, or 

equivalent .] 

[(84)](100) "Solid waste" means unwanted or discarded materials, 

including solid, liquid, semisolid, or contained gaseous material . 

[(85)](l0l) "Source" means any property, real or personal, which 

emits or may emit any air pollutant . 

[(86)](102) "Stack" [means any point of release from a source, 

which emits solids, liquids, or gases into the ambient air 

including a pipe, duct, or flare .] MEANS "STACK" AS DEFINED IN 40 

CFR 51 .100 (ff), PROVIDED THAT STACK SHALL ALSO INCLUDE A FLARE . 

[(87)](103) "Standard conditions" means a dry gas temperature of 68 

degrees Fahrenheit and a gas pressure of 14 .7 pounds per square 

inch absolute (20 degrees C, 760 mm[ .]Hg[ .]) . 

[(88)](104) "State" as used in the phrase "any other state" means 

state, region, territory, commonwealth, military reservation, or 

Indian reservation . 

[(89)](105) "State implementation plan" or "SIP" means a plan 

required by section 110 of the [Clean Air] Act which has been 

approved by the Administrator . 

[(90)](106) "Stationary source" [means any building, structure, 

facility, equipment, operation, or installation, which is located 

on one or more contiguous or adjacent properties and which is owned 

by or operated by the same person, or by persons under common 

control which emits or may emit any air pollutant, and which does 

not move from location to location during normal operation except 

that portable rock crushers a4d portable stripping facilities] 

MEANS "STATIONARY SOURCE" AS DEFINED IN 40 CFR 51 .165(a)(1)(i) AND 

(ii), PROVIDED THAT ANY PORTABLE EMISSIONS UNIT which [are] IS 
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moved from site to site but REMAINS [remain] stationary during 

operation IS A STATIONARY SOURCE [and asphalt plants which combine 

aggregate and asphalt while in motion are stationary sources] . 

[(91)](107) "Stripping facility" means any stationary source, 

except air pollution control equipment, the primary purpose of 

which is to remove organic compounds from water, soil or any other 

material . 

[(92)](108) "Submerged fill pipe" means any fill pipe the 

discharge opening of which REMAINS [is still] entirely submerged 

when the pipe normally used to withdraw liquid from the tank can 

longer withdraw any liquid . 

[(93)](109) "Subregion" means a subdivision of a Region, as 

determined by the [Commissioner] COMMISSIONER . 

[(94)](110) "Tank" means any vessel for containing liquids or 

gases . 

I , ?_z % _ _ r.rmt n 

no 

OF PROPUegioN 

[(95)](113) "Total suspended particulate" means particulate matter 

as measured by the method described in [Appendix B of Title 

of Federal Regulations Part 50 .] 40 CFR 50, APPENDIX B . 

40 Code 

[(96)](114) "Unclassifiable area" means a geographic area which has 

not been designated either as AN attainment AREA or A nonattainment AREA [under Title 40 Code of Federal Regulations Part 

81] PURSUANT TO 40 CFR 81 in accordance with the provisions of 

section 107 of the Clean Air Act . 

[(97)](115) 

compound of 

"Volatile organic compound" or "VOC" [means any 

carbon which participates in atmospheric photochemical 

reactions excluding carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbides or carbonates, ammonium carbonate and the organic 

compounds listed on 1(a)-1 below which the Administrator has 

designated as having negligible photochemical reactivity .] MEANS 

"VOLATILE ORGANIC COMPOUND" AS DEFINED IN 40 CFR 51 .100(s), AS 

AMENDED FROM TIME TO TIME . 

Table 1(a)-1 

Exempt Volatile Organic Compounds 

acetone ethane 

methane cyclic, branched, or linear 

completely methylated siloxanes 

1,1,1-trichoroethane 

(methyl chloroform) 

dichloromethane 

(methylene chloride) 

Trichlorofluoromethane 

(CFC-11) 

dichlorodifluoromethane 

(CFC-12) 

Chlorodifluoromethane 

(HCFC-22) 

trifluoromethane 

(HFC-23) 
R-39 REV . 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 22 of 97 pages 

REGULATION 

OF 

Environmental Protection 

Table 1(a)-1 ' 

Exempt Volatile Organic Compounds 

1,1,-dichloro-l-fluoroethane pentafluoroethane ', 

(HCFC-141b) (HFC-125) 

1,1,2-trichloro-1,2,2-trifluoro 1,2-dichloro-1,1,2,2- 

-ethane(CFC-113) tetrafluoroethane(CFC-114) 

Chloropentafluoroethane 1,1,2,2-tetrafluoroethane 

(CFC-115) (HFC-134) 

1,1,1,2-tetrafluoroethane 1,1,1-trifluoroethane 

(HFC-134a) (HFC-143a) 

1-chloro-1,1-difluoroethane 1,1-difluoroethane 

(HCFC-142b) (HFC-152a) 

1,1,1-trifluoro-2,2- 2-chloro-1,1,1,2- 

dichloroethane (HCFC-123) tetrafluoroethane (HCFC-124) 

Tetrachloroethylene 1,1,1,2,3,4,4,5,5,5-decafluoro- 

(perchloroethylene) pentane(HFC 43-lOmee) 

3,3-dichloro-1,1,1,2,2-penta- 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225ca) fluoropropane (HCFC-225cb) 

Difluoromethane Fluoroethane or ethylfluoride 

(HFC-32) (HFC-161) 

1,1,1,3,3,3-hexafluoropropane 1,1,2,2,3-pentafluoropropane 

(HFC-236fa) (HFC-245ca) 

1,1,2,3,3-pentafluoropropane 1,1,1,2,3-pentafluoropropane 

(HFC-245ea) (HFC-245eb) 

1,1,1,3,3-pentafluoropropane 1,1,1,2,3,3-hexafluoropropane 

(HFC-245fa) (HFC-236ea) 

1,1,1,3,3-pentafluorobutane chlorofluoromethane 

(HFC-365mfc) (HCFC-31) 

1,2-dichloro-1,1,2-trifluoro- 1-chloro-l-fluoroethane 

ethane (HCFC-123a) (HCFC-151a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4- 2-(difluoromethoxymethyl)- 

methoxy-butane 1,1,1,2,3,3,3-heptafluoropropan 

(C4F90CH3) e 

((CF3)zCFCF20CH3) 

1-ethoxy-1,1,2,2,3,3,4,4,4- 2-(ethoxydifluoromethyl)- 

nonafluorobutane (C4F90CZH5) 1,1,1,2,3,3,3-heptafluoropropan 

e 

((CF3)ZCFCF20CZH5) 

Perfluorocarbon compounds which parachlorobenzotrifluoride 

fall into these classes : (4-chlorobenzotrifluoride) 

(1)cyclic, branched, or linear, 

completely fluorinated alkanes ; 

(2)cyclic, branched, or linear, 

completely fluorinated ethers 

with no unsaturations ; 

(3)cyclic, branched, or linear, 

completely fluorinated tertiary 

amines with no unsaturations ; 

and 

(4)sulfur containing 

perfluorocarbons with no ; 

unsaturations and with sulfur 
R-39 REV . 1/77 

Section : 6 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 23 of 97 pages 

REGULATION 

OF 

Environmental Protection 

Table 1(a)-1 

Exempt Volatile Organic Compounds 

bonds only to carbon and 

fluorine . 

t-butyl acetate 

[(98)](116) "Waste water separator" means any tank, box, sump, or 

other container in which any volatile organic compound floating on 

or entrained or contained in water entering such tank, box, sump, 

or another container is physically separated and removed from such 

water prior to outfall, drainage, or recovery of such water . 

As BEF4NE& 6ae:£i9iid--@@a 3A-f46 ; AF'~c 

Sec . 2 The Regulations of Connecticut State Agencies are 

amended by adding a new Section 22a-174-2a as follows : 

(NEW) 

Section 22a-174-2a . Procedural requirements for new source review 

and Title V permitting 

__ r--r___-_-, -....t,..,. i 

i-1 

1-k 
R-39 REV. 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 24 of 97 pages 

REGULATION 

OF 

Environmental Protection 

.~aakF}an°= - - ------ -- - ----

---------_- __r_

.-._ ....... ., . .... . , 

s_a~~g~ _ __- .r____ -~---- ... . ._- .-. ---- ._ . .,~ 
R-39 REV. 1m STATE OF CONNECTICUT Page 25 of 97 pages 

REGULATION 

OF 

Section : s 

e+&t ---- 

NAME OF AGENCY 

Environmental Protection 

(b) Public Notice 

bhr c"-~ ~ ~ 

' _ 

_-___.._ 

et 

(A) The individuals who request such notice ; 

(B) The chief elected official of the municipality where the 

stationary source is or is proposed to be located ; 
R-39 REV. 1/77 

Section : 6 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 26 of 97 pages 

REGULATION 

OF 

Environmental Protection 

(C) The chief executive officer of the municipality where the 

source is or is proposed to be located ; 

(E) Any federally recognized Indian governing body whose lands 

may be affected by emissions from the subject stationary 

source . 

~ ~ . . . . . . 

- - -

, - --- :

- ------ 

-L -, , -- -

~. . . -- 

_ _ .`-_ `

-- 

--

_ 

.._ - .._ .. - -- - ---_- - - -

- 

- 

., - ~-_ ---~- 

(G) The regional Administrator of the United States 

Environmental Protection Agency . in addi%!ien %@ bite nsbiee-r 

(6) For any permit application pursuant to section 22a-174-3a of th_e 

Regulations of Connecticut State Agencies for a new major stationary 

source or a major modification at a major stationary source, the 

commissioner shall forward a copy of the notice of tentative 

determination, published in accordance with subdivision (3) of this 

subsection, to those individuals or entities identified in 

subparagraphs (A), (B), (C), (E) and (G), of subdivision (5) of this 

subsection . 

(7) For any permit application pursuant to section 22a-174-3a of the 

Regulations of Connecticut State Agencies other than an application 

for a new major stationary source or a major modification at a major 

stationary source, the commissioner shall forward a copy of the notice 

of tentative determination, published in accordance with 40 CFR 

51 .161, as amended from time to time, to those individuals or entities 

identified in subparagraphs (A), (B), (C), and (G) of subdivision (5) 

of this subsection . 

(8) For any permit application pursuant to section 22a-174-3a(1) of 

the Regulations of Connecticut State Agencies, the commissioner shall 

comply with the public notice requirements set forth in section 22a174-3a(1)(7) of the Regulations of Connecticut State Agencies . 

(c) Public Comments and Hearings 

(1) Written comments may be filed by any person within thirty (30) 

days following the publication of a notice of a tentative 

determination pursuant to subsection (b)(3) of this section . The 

commissioner shall maintain a record of all comments made on the 

subject application . Any comments concerning the issuance of a Title 

V permit may be accompanied by a request for a public informational 

hearing, an adjudicatory hearing, or both . Notwithstanding the 

provisions of section 22a-3a-6 of the Regulations of Connecticut State 

Agencies, any comments concerning the issuance of a permit pursuant to 

section 22a-174-3a of the Regulations of Connecticut State Agencies 

may be accompanied by a request for a public informational hearing . 
R-39 REV . 1/77 

Section : s 

(A) An application pursuant to section 22a-174-3a of the 

Regulations of Connecticut State Agencies ; 

STATE OF CONNECTICUT Page 27 of 97 pages 

REGULATION 

OF 

Environmental Protection 

(3) Public adjudicative hearings shall be held as provided in section 

22a-174(1)(2) of the Connecticut General Statutes, and in accordance 

with section 22a-3a-6 of the Regulations of Connecticut State 

Agencies . 

(4) If a public adjudicative hearing is held, the commissioner shall 

publish a notice of such hearing in a newspaper of general circulation 

in the affected area at least thirty (30) days prior to such hearing . 

(5) Following the close of the public adjudicative hearing, the final 

decision maker shall make a decision . Such decision shall be based on 

the record of such hearing to approve, deny or conditionally approve 

the issuance of the permit sought . 

(6) Non-Adjudicative Public Informational Hearings . Following receipt 

of a written material request and prior to the issuance of a subject 

permit 

. ._&..a :.gc :c,:.or the commissioner shall hold a nonadjudicative public informational hearing on : 

NAME OF AGENCY 

-'1PLf'p9"ftnb 6® 8e9$i®1<3 @@a ! ;~4 @ ; @4 b1% e 

(D) Following the commissioner's receipt of a written request 

for a public hearing, the commissioner shall hold such 

hearing if the permit application is for a new major 

stationary source or a major modification at a major 

stationary source, or for any stationary source where the 

stack height exceeds good engineering practice . 

(7) Reserved . 

(e) Any notice of hearing pursuant to this subsection shall : 

(A) Be published at the applicant's expense in a newspaper of 

general circulation in the affected area at least thirty 

(30) days prior to such hearing ; 

(B) Provide the name of the applicant ; the location of the 

proposed activity ; the application number ; the type of 

permit being sought ; name, address and phone number for a 

contact person at the Department ; 

(C) Provide the name, address and number for the Department's 

Americans with Disabilities Act coordinator ; 

(D) Provide the date, time and location of the public hearing ; 

and 

(9) 

(E) Be published in other media and in languages other than 

English as required by the commissioner . 

The commissioner may consider more than one permit application, 

at any hearing pursuant to subdivision (6) 

of this subsection, provided the notice requirements of subdivision 

(e) of this subsection have been satisfied . The commissioner shall 

consider all written comments submitted within the public comment 
R-39 REV . 1/77 

Section: 0 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 28 of 97 pages 

REGULATION 

OF 

Environmental Protection 

period in the notice including all comments received at the public 

hearing when making a final decision on the application . 

(d) New Source Review ~ Non-Minor Permit Modification 

(1) General . Prior to making the change that is the subject of the 

non-minor permit modification application the owner or operator shall 

apply for and obtain a non-minor permit modification pursuant to this 

subsection . 

(2) Exemptions . A permittee may conduct an activity described in 

section 22a-174-3a(a)(2) of the Regulations of Connecticut State 

Agencies without applying for and obtaining a new source review nonminor permit modification under this subsection . 

(3) Except as provided in subdivision (2) of this subsection, the 

permittee of any stationary source or emission unit permitted pursuant 

to section 22a-174-3a or former section 22a-174-3 of the Regulations 

of Connecticut State Agencies shall apply for and obtain a new source 

review non-minor permit modification for any stationary source, 

emission unit, or modification identified in section 22a-174-3a(a)(1) 

of the Regulations of Connecticut State Agencies . 

~.L- _l l 

Z3Sl - - ___ . .- _7 . 

^c ^I3EA31:fi~ ksE'B."" r - --_-_ --

.. v.- .. , 

aEhE3^FhYBe'dppli-abl°E 10=

s--

-..= _

-

_-` --, 

_

. . ._ 

req"reel -by r Ehe-T4181 _ - r =_ -- f _- 

°a-a °--__ 

(5) The procedural requirements for all non-minor permit 

modifications pursuant to subdivisions (3) and (4) of this subsection 

are as follows : 

(A) 

(B) 

An application for a non-minor permit modification shall be 

made on forms prescribed by the commissioner . Such 

application shall include a description of any proposed 

changes, a proposed permit, any proposed monitoring 

procedures, any changes in potential emissions resulting 

from the proposed changes, and an identification of all 

regulatory, statutory, or otherwise applicable requirements 

that would become applicable as a result of such changes ; 

The permittee shall not deviate from the terms and 

conditions of the existing permit until and unless the 

commissioner has modified that permit ; and 

(C) A non-minor permit modification pursuant to this subsection, 

shall only be granted, granted with conditions, or denied 
R-39 REV. 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 29 of 97 pages 

REGULATION 

OF 

Environmental Protection 

following public notice and opportunity for public comment 

and public hearing, in accordance with the procedures set 

forth in subsections (b) and (c) of this section . 

(6) In addition to the procedural requirements provided in 

subdivision (5) of this subsection, an application for a new source 

review non-minor permit modification pursuant to subdivision (3) of 

this subsection shall meet the requirements set forth in section 22a174-3a(c) and 22a-3a-5 of the Regulations of Connecticut State 

Agencies . 

~B)-T:Q«-~he , 

seabia", as ---y be app,-!sable, 

F~# .~_- b ''`._ _a' ° . -

- - - ' eeti~~le-~'-pe=Rr~ be bhe 

- - --- ----- - 

(9) If, pursuant to section 22a-174-3a(f) of the Regulations of 

Connecticut State Agencies, the commissioner modifies a new source 

review permit issued pursuant to section 22a-174-3a or former section 

22a-174-3 of the Regulations of Connecticut State Agencies, the 

following procedures shall apply: 

(A) The permittee shall not deviate from the terms and 

conditions of the existing permit until and unless the 

commissioner has modified that permit ; and 

(e) 

(1) 

(B) A non-minor permit modification pursuant to this subsection, 

shall only be granted, granted with conditions, or denied 

following public notice and opportunity for public comment 

and public hearing, in accordance with the procedures s.et 

forth in subsections (b) and (c) of this section . 

New Source Review Minor Permit Modification 

The permittee of any source that is subject to a new source 

review permit issued by the commissioner pursuant to section 22a-174- 3a(a)(1)(D) or (E) or former section 22a-174-3 of the Regulations of Connecticut State Agencies shall apply for a new source review minor permit modification to incorporate any modification of an emission unit with any increase in potential emissions, above allowable 

emissions, of less than fifteen (15) tons per year of any individual 
R-39 REV . 1/77 

Section : s 

(B) An application for a minor permit modification shall 

the following : 

STATE OF CONNECTICUT Page 30 of 97 pages 

REGULATION 

OF 

Environmental Protection 

air pollutant, unless such modification is subject to the provisions 

of section 22a-174-3a(a)(1)(A), (B), (C) or (F) of the Regulations of 

Connecticut State Agencies . 

(3) The procedural requirements for all new source review 

minor permit modifications, except as otherwise provided in 

subdivisions (4) and (5) of this subsection, are as follows : 

(A) An application for a minor permit modification shall be 

on forms prescribed by the commissioner and signed in 

accordance with subsection (a) of this section ; 

NAME OF AGENCY 

made 

include 

(i) a description of the proposed modification, a proposed 

modified permit, any proposed monitoring procedures, 

any increase in potential emissions resulting from the 

proposed modification, and an identification of all 

regulatory, statutory, or otherwise applicable 

requirements that would become applicable as a result 

of such modification, and 

(ii) a statement, certified in accordance with subsection 

(a)(5) of this section, that the proposed minor permit 

modification meets all regulatory, statutory, or 

applicable requirements identified in the subject 

application pursuant ; 

(C) Subject to limitations specified in subdivision (5)(F) of 

this subsection, a permittee may implement the modifications 

proposed in the minor permit modification application no 

less than twenty-one (21) days after filing a complete 

application with the commissioner . The permittee shall 

comply with the terms and conditions of the proposed 

modified permit and the terms and conditions of the existing 

permit that are not being modified, until the commissioner 

issues or denies the proposed modified permit . 

(4) With respect to an application for a new source review minor 

permit modification, under subdivision (1) of this subsection, to a 

permit issued pursuant to section 22a-174-3a or former section 22a174-3 of the Regulations of Connecticut State Agencies, the existing 

permit terms and conditions of the permit sought to be modified remain 

in full force and effect if the modification that is the subject of 

the application is determined by the commissioner to require a nonminor permit modification . 
R-39 REV . t/77 

Section : 6 

STATE OF CONNECTICUT Page 31 of 97 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

e 

--- 

Agensieer and 

(6) Notwithstanding the requirements of subsections (b) and (c) 

of this subsection, the commissioner may modify a Tiitle34 

pe'em_= a_ new source review permit under this subsection 

without published notice, public comment, or hearing . 

(f) Permit Revisions 

(1) Exemptions . The owner or operator of a stationary source may 

perform the activities described in sections 22a-174-3a(a)(2)(A)(i) to 

(iii) and 22a-174-3a(a)(2)(B) to (C) of the Regulations of Connecticut 

State Agencies unless otherwise restricted by any provision of such 

permit or an order of the commissioner . 

(2) The permittee of any stationary source for which the commissioner 

has issued a permit pursuant to @@a !;j ;&, section 22a-174-3a, or 

former section 22a-174-3 of the;Regulations of Connecticut State 

Agencies shall apply for and obtain a permit revision, for the 

purposes of : 
R-39 REV . 1/77 

Section : s 

STATE OF CONNECTICUT Page 32 of 97 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

(A) Correcting a clerical error; 

(B) Revising the address or phone number of any person 

identified in such permit, or making another revision 

reflecting a similarly minor administrative change at or 

concerning the subject source ; 

(C) Revising the name of the authorized representative of the 

permittee, provided that a request to change such authorized 

representative shall be accompanied by written authorization 

in accordance with subsection (a)(2)(A) to (D), inclusive, 

of this section ; 

(D) Requiring more frequent or additional monitoring, record 

keeping or reporting ; 

(E) Reflecting a transfer in ownership or operational control of 

the subject source, in accordance with subsection (g) of 

this section, provided that : 

(i) no other modification of the subject permit is 

required as a result of such transfer, 

(ii) if the subject permit contains a provision for 

changing ownership or operational control of the 

subject source, the provision stated in the permit 

shall be followed provided that such provision is 

consistent with section 22a-6o of the Connecticut 

General Statutes, and 

(iii) any transfer of the permit required by section 22a-6o 

of the Connecticut General Statutes has been granted 

by the commissioner ; 

or 

(G) Implementing a fuel conversion described in section 22a-174-

3a(a)(2)(A)(iv) or (v) of the Regulations of Connecticut 

State Agencies . 

(3) Notwithstanding the requirements of subsections (b) and (c) of 

this section, the commissioner may revise a permit under this 

subsection without published notice, public comment, or hearing . 

(4) Except as provided in subdivision (2) of this subsection, upon 

submitting to the commissioner a written request for a permit revision 

under this subsection, a permittee may make changes as set forth in 

such request . 
R-39 REV . 1177 

Section : s 

STATE OF CONNECTICUT Page 33 of 97 pages 

REGULATION 

OF 

NAME OF AGENCY 

(h) -PermitEnvironmental Protection 

~~ Z-- - - - - --- 

Sec. 3 The Regulations of Connecticut State Agencies are amended by adding a new section 

22a-174-3a as follows : 

(NEW) 

Sec . 22a-174-3a . Permit to Construct and Operate Stationary Sources 

(a) Applicability and Exemptions 

(1) Applicability . Prior to beginning actual construction of any 

stationary source or modification not otherwise exempted in accordance 

with subdivision (2)(A) to (C) of this subsection, the owner or 

operator shall apply for and obtain a permit to construct and operate under this section for any: 

(A) New major stationary source ; 

(B) Major modification ; 

(C) New or reconstructed major source of hazardous air 

pollutants subject to the provisions of subsection (m) of this section ; 
R-39 REV . 1/77 

Section : s 

NAME OFAGENCY 

STATE OF CONNECTICUT Page 34 of 97 pages 

REGULATION 

OF 

Environmental Protection 

(D) New emission unit with potential emissions of fifteen (15) 

tons or more per year of any individual air pollutant ; 

(E) Modification to an existing emission unit which increases 

potential emissions of any individual air pollutant from 

such unit by fifteen (15) tons or more per year ; or 

(F) Stationary source or modification that becomes a major 

stationary source or major modification solely by virtue of 

a relaxation in any enforceable limitation which was 

established after August 7, 1980, on the capacity of the 

source or modification otherwise to emit a pollutant . 

(2) Exemptions . Notwithstanding the provisions of subdivision 

(1) of this subsection, the owner or operator of a 

stationary source or modification may conduct activities 

listed in subdivision (2)(A), and may construct or operate 

the sources listed in subdivision (2)(B) and (2)(C) of this 

section, without a permit under this section : 

(A) Any activity that : 

(i) adds air pollution control equipment or implements 

process changes to control air pollution unless the--

addition or implementation results in an increase in 

actual emissions of any individual air pollutant of 

fifteen (15) tons or more per year, or ten (10) tons 

or more per year of a hazardous air pollutant subject 

to the provisions of subsection (m) of this section, 

(ii) relocates a portable rock crusher which is subject to 

a permit or exemption letter issued by the 

commissioner pursuant to former section 22a-174-3 

Regulations of Connecticut State Agencies, or which is 

registered under a general permit for such sources 

issued by the commissioner pursuant to section 22a174(1) of the Connecticut General Statutes, provided 

the owner or operator is in compliance with any such 

permits and provides written notice to the 

commissioner prior to such relocation, 

(iii) constitutes a conversion from fuel oil to natural gas, 

or in addition to fuel oil, provided such conversion 

does not increase actual emissions of any individual 

air pollutant by fifteen (15) tons or more per year, 

unless such conversion results in reconstruction ; or 

(iv) constitutes a conversion from residual fuel oil to 

distillate fuel oil, or in addition to residual fuel 

oil, provided such conversion does not increase actual 

emissions of any individual air pollutant by fifteen 

(15) tons or more per year, unless such conversion 

results in reconstruction . 

(B) Any stationary source that is : 

(i) registered under and is in compliance with any new 

source review general permit to construct and operate 

a new or existing stationary source issued pursuant to 

section 22a-174(1) of the Connecticut General 

Statutes, 

(ii) a stripping facility used to remove VOC from 

contaminated groundwater or soil pursuant to an order 

issued by the commissioner, provided such facility has 

a control device with VOC removal efficiency of at 

least ninety-fiye percent (95%), 
R-39 REV . 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 35 of 97 pages 

REGULATION 

OF 

Environmental Protection 

(iii) a portable engine or boiler temporarily replacing an 

existing engine or boiler, provided the replacement 

units have a combined emission rate equal to or less 

than the existing units and that the number of days 

total that any and all such portable engines or 

boilers may be used does not exceed ninety (90) days 

in any calendar year, or 

(iv) in compliance with section 22a-174-3b or Section 22a174-3c of the Regulations of Connecticut State 

Agencies, unless otherwise subject to this section 

pursuant to subdivision (7) of this subsection ; 

(C) Any: 

(i) mobile source, or 

(ii) non-road engine as defined in 40 CFR Part 89 . 

(3) In determining the applicability of subsections (k) or (1) of 

this section, the owner or operator may determine the net emissions 

increase . However, the net emissions increase shall not be used 

determining the applicability of : 

(A) This section to any minor source or modification thereof ; or 

(B) Subsection (j) of this section . 

(4) This section and section 22a-174-2a of the Regulations of 

Connecticut State Agencies shall apply to any stationary source or 

modification for which a permit application pursuant to former section 

22a-174-3 of the Regulations of Connecticut State Agencies was filed 

prior to the effective date of this section, and for which a permit 

has yet to be issued or denied . 

(5) Any permit modification or permit revision to a permit issued 

under this section shall be made as required in, and in accordance 

with, the provisions of this section and section 22a-174-2a of the 

Regulations of Connecticut State Agencies . 

(6) Pursuant to the de minimis rule under section 182(c)(6) and (f) 

of the Act, the owner or operator of a major stationary source shall 

make and keep records of actual VOC and NOx emission increases and 

decreases at such source, resulting from any physical change in, or 

change in the method of operation of a stationary source . Such 

increases shall include emission increases below fifteen (15) tons per 

year of any individual air pollutant . 

(7) To determine if the net emission increase of a modification 

exceeds the major source threshold levels and is subject to subsection 

(k) of this section, the owner or operator shall make and keep records 

of actual emissions increases and decreases including those below 

fifteen (15) tons per year, over the five (5) consecutive calendar 

years preceding the completion of construction . 

(8) Any permit issued pursuant to former section 22a-174-3 of the 

Regulations of Connecticut State Agencies shall remain in full force 

and effect, in accordance with Section 22a-174-2a(i) of the 

Regulations of Connecticut Agencies, unless otherwise determined by 

the commissioner . 

(b) Authorized activities prior to permit issuance 

(1) The owner or operator of a stationary source or modification who 

is required to obtain a permit or non-minor permit modification under 

the provisions of this section may, prior to obtaining such permit : 
R-39 REV. 1/77 

Section : 6 

STATE OF CONNECTICUT Page 36 of 97 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

(A) Enter into binding agreements or contractual obligations to undertake construction of the proposed stationary source or modification for which a permit is required ; and 

(B) Begin site clearing activities . 

(2) The owner or operator of a stationary source or modification who must obtain a permit or non-minor permit modification under the provisions of this section, shall not begin actual construction before permit issuance . Such construction activities include, but are not limited to, the following activities which are specifically required for construction of the proposed stationary source or modification : 

(A) Excavating, blasting, removing rock and soil ; or 

(B) Installing footings, foundations, retaining walls, or 

permanent storage structures . 

(c) Applications 

(1) The owner or operator of a stationary source or modification subject to the provisions of this section shall apply for a permit on forms prescribed by the commissioner . All permit applications shall include : 

(A) An executive summary and all other information required by section 22a-3a-5 of the Regulations of Connecticut State 

Agencies . The executive summary shall summarize the 

information contained in the application ; 

(B) Background information, including, but not limited to, the 

address of the premises, the legal name and business address of the applicant and of the applicant's agent for service of 

process and, if the applicant is not the owner of the 

subject source, the legal name and business address of such 

owner and of the owner's agent for service of process, the 

names and telephone numbers of the plant or site manager and 

any other individual, such as an engineer or consultant, 

designated by the owner or operator to answer questions 

pertaining to such application, including but not limited 

to, the siting of the subject stationary source or 

modification ; 

(C) The premises' site plan, including : a linear scale and north 

arrow, the plot plans depicting existing and proposed 

building locations, the legal boundaries of the property, 

stack locations, location of the subject stationary source 

or modification on the premises, and a United States 

Geological Survey topographic quadrangle map identifying the latitude and longitude of the subject stationary source or modification ; and to the extent the commissioner deems it 

necessary, building dimensions and final grade elevations 

for all structures located on the premises ; 

(D) Technical information, including, but not limited to : 

(i) descriptions of equipment, processes, air pollution 

control equipment, stack, fuels, process materials to be used, and process flow diagrams, 

(ii) a completed pre-inspection questionnaire, if requested 

by the commissioner, which describes the equipment, 

processes and materials used, 

(iii) the type, size, and efficiency of control equipment, and 
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(iv) the date, or proposed date, for commencement of 

construction of the subject stationary source or 

modification ; 

(E) The rate of emissions for individual air pollutants from the 

subject stationary source or modification . To calculate the 

rate of emissions, the owner or operator shall use data from 

one or more of the following, unless the commissioner 

determines otherwise : 

(i) a continuous monitoring system which has been 

certified by the commissioner, provided that such data 

may be taken from a source similar to that for which a 

permit is sought, 

(ii) stack testing data, provided such testing was 

conducted in accordance with protocols preapproved by 

the commissioner in writing and such test was observed 

by department staff ; and further provided that such 

data may be taken from a source similar to that for 

which a permit is sought, 

(iii) material balances conducted by an individual with 

knowledge of the subject process, 

(iv) data from the "Compilation of Air Pollutant Emission 

Factors (AP-42)" as published by the Environmental 

Protection Agency, 

(v) a calculation submitted to the commissioner, or 

(vi) manufacturer's data submitted to the commissioner; 

(F) Pursuant to subsection (j) of this section, proposed best 

available control technology (BACT) determination, 

including, but not limited to, an analysis, as required by 

subsection (j) of this section, of the amount of emission 

reduction achievable through the use of BACT; 

(G) For any stationary source or modification subject to 

subsection (1) of this section, the proposed lowest 

achievable emission rate (LAER) determination, including an 

analysis of the proposed LAER for each air pollutant, as 

required by subsection (1) of this section . Such analysis 

shall include the amount of emission reduction achievable 

through the use of LAER; 

(I) If the premises is a major stationary source, for the 

purposes of determining compliance with subdivisions (a)(6) 

and (7) of this section, a summary of the potential 

emissions from the new subject stationary source or 

modification and actual emissions from existing stationary 

sources located at the premises over the preceding five (5) 

consecutive calendar years ; 

(J) Compliance information pursuant to and required by section 

22a-6m of the Connecticut General Statutes ; 

(K) Certification in accordance with section 22a-174-2a of the 

Regulations of Connecticut State Agencies ; and 

(L) All application fees ;required by law . 

(2) The commissioner may require the owner or operator of the subject 
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stationary source or modification to provide such additional 

information as the commissioner deems necessary . 

(d) Standards for Granting and Renewing a Permit 

(1) The commissioner may impose conditions on any permit or renewal 

thereof to ensure compliance with the regulations adopted pursuant to section 22a-174 of the Connecticut General Statutes and the Act . 

(2) A permit or permit renewal shall not be issued unless the 

commissioner determines, upon evidence submitted by the owner or 

operator or otherwise made part of the record, that the owner or operator of the subject stationary source or modification shall comply with the applicable provisions of subdivision (3) of this subsection . 

(3) Before issuance of a permit or permit modification, the owner or operator shall demonstrate, to the satisfaction of the commissioner, that, with respect to the construction and operation of the subject 

stationary source or modification, the owner or operator shall : 

(A) Construct and operate such stationary source or modification 

in accordance with the permit, and operate such stationary 

source or modification in accordance with all applicable and relevant emission limitations, statutes, regulations, --

schedules for stack tests, and other order of the 

commissioner . In the event a conflict exists between the 

permit and another state or federally enforceable statute, 

regulation or order of the commissioner, the most stringent 

provision shall apply ; 

(B) 

commissioner may require ; 

(F) As the commissioner may require, conduct stack tests at the 

expense of such owner or operator, in accordance with 

subsection (e) of this section, and in accordance with 

permit conditions and methods prescribed by the 

commissioner . Such stack tests shall demonstrate, to the commissioner's satisfaction, that the requirements of each and every applicable ;permit or order of the commissioner for such stationary source or modification are being met and that such stationary source or modification complies with 

Operate such stationary source or modification without 

preventing or interfering with the attainment or maintenance of any applicable ambient air quality standards or any 

Prevention of Significant Deterioration increments under 

subsection (k) of this section; 

(C) Operate such stationary source or modification without 

preventing or interfering with the attainment or maintenance 

of any National Ambient Air Quality Standard in any other 

state and without interfering with the application of the 

requirements in any other state's implementation plan, 

adopted pursuant to section 110 of the Act; 

(D) Operate such stationary source or modification in accordance 

with all applicable emission standards and standards of 

performance pursuant to 40 CFR Parts 60, 61, and 63, as may 

be amended from time to time ; 

(E) Install : 

(i) sampling ports of a size, number and location as the 

commissioner may reasonably require, 

(ii) instrumentation to monitor and record emission and 

other parameter data as the commissioner may require, 

and 

(iii) such other sampling and testing facilities as the 
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the Regulations of Connecticut State Agencies and federal 

requirements ; 

(G) Pay all fees required by the Department within forty-five 

(45) days of receipt of a tentative determination of the 

commissioner ; 

(H) Incorporate Best Available Control Technology (BACT), as 

directed by the commissioner, for each individual air 

pollutant subject to, and in accordance with, subsection (j) 

of this section; 

(I) Incorporate the lowest achievable emission rate (LAER), as 

directed by the commissioner, for each individual air 

pollutant subject to, and in accordance with, subsection (1) 

of this section ; 

8F "-' - --- - - 

(K) As required by the commissioner, install monitoring 

equipment and perform monitoring to demonstrate compliance 

with any permit provision . Such monitoring may include, but 

not be limited to, continuous emission monitoring (CEM) ; 

(L) Provide the commissioner with current information regarding 

air pollutant emissions from such stationary source or 

modification, and in accordance with the commissioner's 

request, submit updated and current information regarding 

air pollutant emissions from any other stationary sources 

located on the applicable premises ; 

(N) Demonstrate that the emission limitation required of such 

stationary source or modification for the control of any air 

pollutant shall not be affected by that portion of the stack 

height of such stationary source or modification that 

exceeds good engineering practice stack height or by any 

other dispersion technique ; 

(O) Comply with an approved operation and maintenance plan 

submitted pursuant to subsection (c)(2) of this section ; 

(P) Have completed and submitted, on forms prescribed by the 

commissioner, a pre-inspection questionnaire, if requested 

to do so by the commissioner, which describes the equipment, 

processes and materials used; 

(Q) Make the permit available at the subject premises throughout 

the period that such permit is in effect ; and 

(R) Comply with the applicable provisions of this section and 

any other applicable regulations, permits or orders of the 

commissioner for such stationary source or modification . 

(4) An expiration date may be placed within any permit issued 

pursuant to this section. Any permit issued pursuant to this section 

or former section 22a-174-3 of the Regulations of Connecticut State 

Agencies containing an expiration date shall be renewed in accordance 

with the provisions of section 22a-174-2a(i) of the Regulations of 

Connecticut State Agencies . ; 
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(e) Emission Testing 

Environmental Protection 

(1) The permit may require that the owner or operator conduct 

emission (stack) testing to assure compliance with the permit terms 

and conditions in accordance with this subsection and section 22a-174-

5 of the Regulations of Connecticut State Agencies . 

(2) Emission tests shall be conducted in a manner acceptable to and 

approved by the commissioner . The owner or operator shall provide the 

results of any emission test in a form satisfactory to the 

commissioner . The commissioner shall have the opportunity to observe 

all emission tests or the results of any such tests may be disapproved 

by the commissioner . 

(3) Based upon emission test results, the commissioner may modify, 

revise, or revoke a permit in accordance with subsection (f) of this 

section . 

(f) Modification, revision, or revocation of a permit 

(1) The commissioner may modify, revise, or revoke a permit in 

accordance with this section, section 22a-174-2a of the Regulations of 

Connecticut State Agencies, and sections 4-182 and 22a-174c of the 

Connecticut General Statutes . -- 

(2) The commissioner shall review and may modify, revise or revoke 

any permit if the owner or operator : 

(A) Has not commenced construction authorized by the permit 

within eighteen (18) months from the date of issuance, or 

such other period, as the permit provides, whichever is 

later ; 

(B) Has discontinued construction for eighteen (18) months or 

more after actual construction authorized by the permit has 

begun ; or 

(C) Has not commenced operation authorized by the permit within 

twenty-four (24) months from the completion of construction, 

or such other period as the permit provides, whichever is 

later. 

(g) Non-Minor Permit Modifications, Minor Permit Modifications and 

Permit Revisions 

(1) Any non-minor permit modification to a permit issued pursuant to 

this section shall be made in accordance with subsections (d)(1), (2), 

(3), (5) and (6) or subsection (d)(8) of section 22a-174-2a of the 

Regulations of Connecticut State Agencies, respectively . 

(2) Any minor permit modification to a permit issued pursuant to this 

section shall be made in accordance with subsections (e)(1), (3) and 

(4) of section 22a-174-2a of the Regulations of Connecticut State 

Agencies, respectively . 

(3) Any revision to a permit issued pursuant to this section shall be 

made in accordance with section 22a-174-2a(f) of the Regulations of 

Connecticut State Agencies . 

(h) Duty to Comply 

An owner or operator shall comply with the permit or modification 

thereto issued by the commissioner under this section . 

(i) Ambient Air Quality Analysis 

(1) An application for a permit subject to this subsection, if 

requested to be provided pursuant to subsection (c)(2) of this 
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section, shall contain an analysis of the effect of the pollutants 

listed in Table 3a(i)-(1) below. For the purposes of this 

subsection, the allowable emissions of an air pollutant will be deemed 

to have a significant impact on air quality if such impact is greater 

than or equal to the amount listed for any individual air pollutant in 

Table 3a(i)-1 below. 

Table 3a(i)-1 Ambient Impact 

AIR POLLUTANT AMBIENT IMPACT 

(MICROGRAMS PER CUBIC METER) 

PMio 

Annual average i 

24-hour average 

1 

5 

Sulfur Dioxide 

Annual average 1 

24-hour average 5 

3-hour average 25 

Carbon Monoxide 

8-hour average 500 

1-hour average 2000 

Nitrogen Dioxide 

Annual average 1 

Biesti 

aftlettlebed 

- -- -- - 

, 6.,l _1 _ 

nrs=---_-__-__- -- ----- ---- 

^tr~ _ . .. c :, °-.. ..c=--~ ~.,T 

bits beadi"q -'----- -- 

4 

Lead (Pb) 

Three (3) month average 0 .3 

(2) Any person who makes estimates of ambient air quality impacts 

shall use applicable air quality models, databases or other techniques 

approved by the commissioner . The commissioner may request any owner 

or operator to submit an ambient air quality impact analysis using 

applicable air quality models and modeling protocols approved by the 

commissioner . 

(j) Best Available Control Technology (BACT) 

(1) An owner or operator shall incorporate BACT for: 

(A) Potential emissions of each regulated air pollutant above 

the significant emission rate thresholds in Table 3a(k) -1 

of subsection (k) of this section, from each major 

stationary source ; 

(B) Potential emissions of each regulated air pollutant above 

the significant emission rate thresholds in Table 3a(k) -1 

of subsection (k) of this section, from each major 

modification . This requirement applies to each individual 

emission unit that is being modified as part of such major 

modification ; 

(C) Potential emissions of fifteen (15) tons or more per year of 

any individual air pollutant, from each new emission unit 

and 

(D) Potential emissions of fifteen (15) tons or more per year of 

any individual air pollutant, from a modification to each 

existing emission unit . 
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(2) The owner or operator : 

(A) Shall make and submit to the commissioner for written 

approval a BACT analysis for each air pollutant subject to 

subdivision (1) of this subsection, including but not 

limited to, secondary and cumulative impacts and cost 

estimates of all control options, or the use of innovative 

technology ; and 

(B) Shall install BACT as approved by the commissioner . 

(3) The commissioner's review and written approval regarding BACT or 

the use of innovative technology shall be conducted prior to the 

issuance of the permit and prior to beginning actual construction . 

(4) Notwithstanding any permit for a new source or modification under 

this subsection the commissioner may require for construction projects, 

including phased construction projects, that the permittee resubmit 

for review and approval a BACT analysis if such construction or phase 

of construction has not commenced within the eighteen (18) months 

following the commissioner's approval of the current BACT 

determination for such construction or phase of construction . 

(5) Prior to commencing construction, including each phase of phas~ed 

construction, the owner or operator may be required by the 

commissioner to demonstrate the adequacy of the technology used 

pursuant to any previous BACT determination, if such construction or 

phase of construction has not commenced within the eighteen (18) 

months following the commissioner's approval of the current BACT 

determination for such construction or phase of construction . 

(6) In determining whether to approve BACT, the commissioner shall : 

(A) Take into account any emission limitation, including any 

visible emission standard, which is achievable under any 

permit limitation or any stack test demonstration acceptable 

to the commissioner ; 

(B) Consider a previous BACT approval for a similar or a 

representative type of source ; 

(C) If the commissioner determines that technological or 

economic limitations on the application of measurement 

methodology to a particular class of sources would make the 

imposition of an emission standard infeasible, the 

commissioner may prescribe a design, equipment, work 

practice or operational standard, or combination thereof, to 

satisfy the requirement for the application of BACT . Such 

standard shall, to the degree possible, set forth the 

emission reduction achievable by implementation of such 

design, equipment, work practice or operation and shall 

provide for compliance by means which achieve equivalent 

results : and 

(D) Not preclude the establishment of an output based emission 

limitation as BACT provided such application of BACT 

improves the overall thermal efficiency of the subject 

source or modification . 

(7) In determining whether to approve BACT, the commissioner shall 

take into account energy, economic and environmental impacts, 

including secondary and cumulative impacts, and other costs . 

(8) In no event shall the application of BACT result in : 

(A) Emissions of any pollutant which would exceed the emission 

allowed by an applicable standard pursuant to 40 CFR Parts 

60 and 61, and any State Implementation Plan limitation ; 
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(B) The use of offsetting emission reductions to meet the 

commissioner's approval of BACT ; or 

(C) The use of a net emissions increase to meet the 

commissioner's approval of BACT . 

(9) The commissioner may allow the use of innovative technology as 

BACT, in accordance with 40 CFR 52 .21(v), provided that 

"Administrator" means commissioner for the purposes of this provision . 

The owner or operator shall demonstrate that the proposed innovative 

technology will comply with 40 CFR 52 .21(v), provide a net air quality 

benefit, and meet at least two (2) of the following criteria : 

(A) Improves the process or operation of existing equipment ; 

(B) Requires the use of new equipment or air pollution control 

technology; 

(C) Reduces localized impacts of any individual air pollutant ; 

or 

(D) Implements principles of pollution prevention or 

environmental management systems . 

(k) Permit Requirements for Attainment Areas : Prevention of 

Significant Deterioration of Air Quality (PSD) Program 

(1) The provisions of this subsection shall apply to the owner or 

operator of any new major stationary source for each criteria air 

pollutant that is significant from such new major stationary source 

located in an attainment area or unclassified area for such pollutant . 

(2) The provisions of this subsection shall apply to the owner or 

operator of any major modification for each criteria air pollutant 

from such major modification located in an attainment area or 

unclassified area for such pollutant, that has : 

(A) Actual emissions that are equal to or greater than the 

significant emission rate thresholds in Table 3a(k)-1 of 

this subsection; and 

(B) A net emissions increase that is equal to or greater than 

the significant emission rate thresholds in Table 3a(k)-1 of 

this subsection . 

(3) Notwithstanding subdivisions (1) and (2) of this subsection, the 

provisions of this subsection do not apply to a major stationary 

source or major modification with potential emissions of nitrogen 

oxides of more than twenty-five (25) tons but less than forty (40) 

tons per year . 

(4) The owner or operator of a new major stationary source or major 

modification subject to this subsection shall install BACT as approved 

by the commissioner in accordance with subsection (j) of this section . 

(5) Ambient Monitoring 

(A) The permit application shall contain an analysis of the 

effect on ambient air quality in the area of the subject 

source or modification, of the following pollutants : 

(i) those that have allowable emissions in excess of the 

amount listed in Table 3a(k)-1 of this subsection, or 

(ii) those listed in section 22a-174-24 of the Regulations 

of Connecticut State Agencies, 
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(B) For any pollutant for which a National Ambient Air Quality Standard does not exist, the analysis shall contain such air 

quality monitoring data as the commissioner determines is 

necessary to assess ambient air quality for that pollutant ' in any area that such pollutant may affect ; 

(C) For any pollutant (other than nonmethane hydrocarbons) for which a National Ambient Air Quality Standard exists, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of such standard or a Prevention of Significant 

Deterioration increment listed in Table 3a(k)-2 of this subsection ; 

(D) The continuous air quality monitoring data that is required by subparagraphs (B) and (C) of this subdivision shall have been gathered over a period of one (1) year and shall represent the year preceding receipt of the application, 

unless the commissioner determines in writing that a 

complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) 

year, but not to be less than four (4) months ; 

(E) The owner or operator shall, after construction of the 

subject source or modification, conduct such ambient 

monitoring as the commissioner determines is necessary to determine the effect which the emissions from such source or modification may have, or are having, on air quality in any 

area . In addition, the owner or operator shall submit the results of such ambient monitoring to the commissioner 

within thirty (30) days of data collection ; and 

(F) The owner or operator shall meet the requirements of 40 CFR 

58, Appendix B during the operation of monitoring . 

(6) Source Impact Analysis . 

(A) The owner or operator of the subject source or modification 

which will have an impact on air quality equal to or greater 

than any amount listed in Table 3a(i)-1 of subsection (i) of 

this section shall not cause or contribute to air pollution 

in violation of the National Ambient Air Quality Standards 

or any applicable maximum allowable increase above baseline 

concentration established in Table 3a(k)-2 of this 

subsection; 

(B) Compliance with the requirements of this subsection shall be determined using the Department's air emissions inventory 

and the Prevention of Significant Deterioration increments listed in Table 3a(k)-2 of this subsection; 

(C) A permit application for the subject source or modification shall include a calculation of the increase, above the baseline concentration, in ambient concentrations of pollutants to be expected from the new major stationary 

source or major modification . Such calculation shall be based on : 

(i) the allowable emissions from the subject source or 

modification, 

(ii) the actual emissions from all major stationary sources which were required to obtain a permit after the major 

source baseline date, 

(iii) the increased actual emissions from all modifications 

to the major stationary source which were required to be permitted after the major source baseline date and 
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before the minor source baseline date . The owner or 

operator shall use allowable emissions instead of 

actual emissions if such modifications are located on 

the owner's or operator's premises, 

(iv) the actual emissions from all stationary sources, 

other than major stationary sources, which were 

required to obtain a permit after the minor source 

baseline date, 

(v) the allowable emissions for any stationary source for 

which a permit is pending and for which the 

commissioner has made a determination of application 

sufficiency, and 

(vi) the reductions, occurring on or after the minor source 

baseline date, in actual emissions and federally 

enforceable allowable emissions from stationary 

sources located in the baseline area; 

(D) When determining the increase over the baseline 

concentration of criteria air pollutant emissions from the 

subject major stationary source or major modification, the 

commissioner may consider any proposed reductions in acCual 

emissions and allowable emissions which will occur prior to 

the commencement of operation of the subject major 

stationary source or major modification, provided such 

reductions become enforceable . 

(7) A permit application for the subject source or modification shall 

contain an analysis, in accordance with subsection (i) of this 

section, of the effect of the pollutants listed in Table 3a(k)-1 . 

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

AIR POLLUTANT EMISSION LEVELS 

(TONS PER YEAR) 

Carbon Monoxide 100 

Nitrogen Oxides (as an ozone 

precursor) 

25 

k 

r,gFn Oxi es (VOX Vat:AoW ale Air 6uall y S an ar 

40 

Sulfur Dioxide 40 

Particulate Matter 25 

PMlo 15 

Volatile Organic Compounds 25 

Hydrogen Sulfide (H-S) 10 

Total Reduced Sulfur (including H2S) 10 

Reduced Sulfur Compounds (including 

HZS) 

10 

Sulfuric Acid Mist 7 

Fluorides 3 

Lead 0 .6 

Mercury 0 .1 

Municipal Waste Combustor Organics 

(measured as total tetra-through 

octa-chlorinated dibenzo-p-dioxins 

3 .5 x 10-6 
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and dibenzofurans) 

Municipal Waste Combustor Metals 15 

(Measured as particulate matter) 

Municipal Waste Combustor Acid 40 

Gases (Measured as sulfur dioxide 

and hydrogen chloride) 

Table 3a(k)-2 Maximum Allowable Increase above 

Baseline Concentration 

AIR POLLUTANT PSD INCREMENT (ug/m') 

Particulate Matter, as PMlo 

Annual Arithmetic Mean 17 

24-Hour Average 30 

Sulfur Dioxide 

Annual Arithmetic Mean 20 

24-Hour Average 91 

3-Hour Average 512 

Nitrogen Dioxide 

Annual Arithmetic Mean 25 

(8) Additional Source Information . 

(A) The owner or operator of the subject source or modification 

shall include in the application : 

(i) an analysis of the impairment to visibility, soils, 

and vegetation that would result from construction and 

operation of the subject source or modification, and 

an analysis of the general commercial, residential, 

industrial and other associated growth . The owner or 

operator need not provide an analysis of the impact on 

vegetation having no significant commercial or 

residential value, 

(ii) an analysis, based upon methods approved by the 

commissioner in writing, of the ambient air quality 

impact projected for the area as a result of the 

general commercial, residential, industrial, and other 

growth associated with the subject source or 

modification, 

(iii) a description of the nature, location, design capacity 

and typical operating schedule of the subject source 

or modification, including specifications and drawings 

showing its design and plant layout, 

(iv) a schedule for construction of the subject source or 

modification, 

(v) a detailed description as to what system of continuous 

emission reduction is planned for the subject source 

or modification, emission estimates, or any other 

information necessary to demonstrate to the 

commissioner that BACT will be applied, and 

(vi) any other information deemed necessary by the 

commissioner to perform any analysis or make any 

determination Under this subsection ; 
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(B) Upon the commissioner's request, the owner or operator of the subject source or modification shall submit : 

(i) the ambient air quality impact of the subject source 

or modification, including meteorological and 

topographical data necessary to estimate such impact, 

and 

(ii) the ambient air quality impacts and the nature and 

extent of the general commercial, residential, 

industrial and other growth which have or has occurred 

since August 7, 1977 in the area the subject source or 

modification will affect . 

(9) Additional Public Participation Requirements . In addition to the public participation requirements of section 22a-174-2a of the 

Regulations of Connecticut State Agencies : 

(A) The commissioner shall include in the notice of tentative 

determination published pursuant to section 22a-174-2a of the Regulations of Connecticut State Agencies and section 

22a-6h of the Connecticut General Statutes, notice of 

opportunity for public comment at a public hearing, if one 

is requested, the opportunity to submit written comment ;-the degree of Prevention of Significant Deterioration increment 

consumption that is expected if the proposed activity is 

permitted, and any other information the commissioner deems 

appropriate ; and 

(B) The owner or operator of the subject source or modification 

shall send a copy of the notice required pursuant to 

subparagraph (A) of this subdivision to those individuals or 

entities listed under subsection (b)(5), as specified in 

subsection (b)(6), of section 22a-174-2a of the Regulations 

of Connecticut State Agencies . 

(1) Permit Requirements For Non-attainment Areas 

(1) Applicability . In accordance with subsection (a) of this 

section, the provisions of this subsection shall apply to the owner or 

operator of any new major stationary source or major modification 

which : 

(A) Is or will be a major stationary source or major 

modification for any non-attainment air pollutant if such 

source is located in a non-attainment area for such air 

pollutant ; or 

(B) Is located in an attainment area or unclassifiable area, but 

the allowable emissions of any air pollutant would cause or 

exacerbate a violation of a National Ambient Air Quality 

Standard in an adjacent non-attainment area . Allowable 

emissions of any such air pollutant will be deemed not to 

cause or contribute to a violation of a National Ambient Air Quality Standard provided that such emissions result in 

impacts that are less than levels set forth in Table 3a(i)-1 in subsection (i) of this section . 

(2) Analysis of alternatives . 

(A) An owner or operator of the subject source or modification shall include an analysis of alternative sites for the 

proposed activity, alternative sizes for the subject source 

or modification, alternative production processes, and all environmental control techniques and technologies which are 

available for such major stationary source or major 

modification ; ; 
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(B) Such analysis shall demonstrate whether the benefits of the 

subject source or modification would significantly outweigh 

its adverse environmental impacts, including secondary 

impacts and cumulative impacts, and social costs imposed as 

a result of the location, construction or modification ; 

(C) The owner or operator of the subject source or modification 

shall submit such analysis prior to the issuance of any 

tentative determination on a permit application under this 

section . 

(3) Control Technology Review and Approval . 

(A) An owner or operator of the subject source or modification 

shall submit, for approval in writing : 

(i) a LAER determination for each non-attainment air 

pollutant for which the subject source is a new major 

modification or new major stationary source, and 

(ii) a LAER determination for each air pollutant which 

would cause or contribute to a violation of a National 

Ambient Air Quality Standard in an adjacent nonattainment area . -- 

(B) In determining whether to approve LAER, the commissioner may 

take into account any emission limitation, including a 

visible emission limit . The commissioner may disregard any 

emissions test on a pilot plant or prototype equipment which 

does not have reasonable operating experience or which may 

not be generally available for industry use ; 

(C) In determining whether to approve LAER, the commissioner may 

take into account an output based emission limitation as 

LAER provided such application of LAER improves the overall 

thermal efficiency of the subject source or modification ; 

(D) The owner or operator of the subject source or modification 

shall not be granted a permit under this section unless and 

until the commissioner determines that such owner or 

operator will install air pollution control technology which 

complies with the commissioner's approval of LAER for each 

non-attainment air pollutant ; 

(E) If the owner or operator of the subject source or 

modification has made modifications to the subject source or 

modification and any of these modifications are subject to 

but have not previously been evaluated under this 

subsection, the commissioner shall conduct a LAER review 

under this subsection and require implementation of LAER for 

such modifications ; 

(F) In no event shall the application of LAER result in an 

emission limit or rate of emissions that is less stringent 

or environmentally protective than an emission limitation 

approved by the commissioner as BACT, an emission limitation 

demonstrated or established in any State Implementation Plan 

or any applicable limitation or standard pursuant to 40 CFR 

Parts 60, 61, 62 or 63 ; and 

(G) An owner or operator of the subject source or modification 

shall submit, for approval in writing an evaluation of 

secondary impacts or cumulative impacts for each nonattainment air pollutant with potential emissions in excess 

of the amount listed in Table 3a(k)-lof subsection (k) . 

(4) Offsetting emission reduct;ions or Emission Reduction Credits . 
R-39 REV. 1/77 

Section: 6 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 49 of 97 pages 

REGULATION 

OF 

Environmental Protection 

(A) Except as provided in subdivision (e)(B) of this subsection, 

prior to commencing operation pursuant to a permit issued 

under this section, the owner or operator of the subject 

source or modification shall : 

(i) reduce actual emissions from other stationary sources 

on such premises, sufficient to offset the allowable 

emissions increase for each individual non-attainment 

air pollutant which is the subject of the application, 

or 

(ii) obtain certified emission reduction credits in 

accordance with subdivision (5) of this subsection, 

which credits are sufficient to offset the allowable 

emissions increase for each individual non-attainment 

air pollutant ; and 

(B) The commissioner shall not grant a permit to an owner or 

operator of the subject source or modification unless the 

owner or operator demonstrates that internal offset or 

certified emission reduction credits pursuant to 

subparagraph (A) of this subdivision : 

(i) have occurred preceding the submission of such --

application and prior to the date that the subject 

source or modification becomes operational and begins 

to emit any air pollutant . The commissioner may 

consider a time period beginning no earlier than 

November 15, 1990, 

(ii) are not otherwise required by any of the following : 

the Act ; a federally enforceable permit or order ; the 

State Implementation Plan ; or the regulations or 

statutes in effect when such application is filed, 

(iii) will be incorporated into a permit or order of the 

commissioner and would be federally enforceable, 

(iv) 

(v) 

(vi) 

will create a net air quality benefit in conjunction 

with the proposed emissions increase . In determining 

whether such a net air quality benefit would be 

created, the commissioner may consider emissions on an 

hourly, daily, seasonal or annual basis . For carbon 

monoxide or particulate matter (total suspended 

particulate and PMlo), the net air quality benefits 

shall be determined by the use of atmospheric modeling 

procedures approved by the commissioner and the 

Administrator in writing . Upon the request of the 

stationary 

offsetting 

determination 

determination 

all increases 

submit to the 

commissioner, the owner or operator shall make and 

commissioner, a net air quality benefit 

for each air pollutant . Such 

shall include, but not be limited to, 

and decreases of emissions from 

sources at any premises providing the 

emission reductions, 

shall be based on the pounds per hour of potential 

emissions increase from the subject source or 

modification . The commissioner may consider other 

more representative periods, including, but not 

limited to, tons per year or pounds per day, 

are identified in an emissions inventory maintained by 

the commissioner or otherwise approved in writing by 

the commissioner, 

(vii) are of the samq non-attainment air pollutant of which 

the owner or operator proposes to increase . 

Reductions of any exempt volatile organic compound 
R-39 REV. 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 50 of 97 pages 

REGULATION 

OF 

Environmental Protection 

listed in Table 1-3 of section 22a-174-1 of the 

Regulations of Connecticut State Agencies or those 

listed in 40 CFR 51 .100 shall not be used to offset 

proposed increases emissions of non-exempt volatile 

organic compounds, 

(viii)occurred at either : one or more stationary sources in 

the same non-attainment area or stationary sources in 

another non-attainment area if, pursuant to the Act, 

such area has an equal or higher non-attainment 

classification than the area in which the proposed 

activity would take place, and if emissions from such 

other non-attainment area contribute to a violation of 

a National Ambient Air Quality Standard in the nonattainment area in which the proposed activity would 

take place, 

(ix) for the applicable non-attainment air pollutant, shall 

be from reductions in actual emissions, and 

(x) offset actual emissions at a ratio greater than one to 

one, as determined by the commissioner . In addition, 

the owner or operator shall offset emission increases 

of allowable emissions at a ratio, for volatile '-

organic compounds or nitrogen oxides, of at least : 1 .3 

to 1 in any severe non-attainment area for ozone, and 

1 .2 to 1 in any serious non-attainment area for ozone . 

(5) The owner or operator of the subject source or modification shall 

secure certified emission reduction credits before using them . 

Continuous emission reduction credits shall be secured and retired 

prior to their use . Emission reduction credits shall be : 

(A) Created and used in accordance with 40 CFR 51 ; 

(B) Real, that is, resulting in a reduction of actual emissions, 

net of any consequential increase in actual emissions 

resulting from shifting demand . The emission reductions 

shall be measured, recorded and reported to the 

commissioner ; 

(C) Quantifiable, based on either stack testing approved by the 

commissioner in writing, conducted pursuant to an 

appropriate, reliable, and replicable protocol approved by 

the commissioner, or continuous emissions monitoring 

certified by the commissioner . Such quantification shall be 

in terms of the rate and total mass amount of non-attainment 

pollutant emission reduction ; 

(D) Surplus, not required by any Connecticut General Statute or 

regulation adopted thereunder, or mandated by the State 

Implementation Plan, and not currently relied upon for any 

attainment plan, any Reasonable Further Progress plan or 

milestone demonstration ; 

(E) Permanent, in that at the source of the emission reduction, 

the emission reduction system shall be in place and 

operating, and an appropriate record keeping system is 

maintained to collect and record the data required to verify 

and quantify such emissions reductions ; and 

(F) Enforceable and approved by the commissioner in writing 

after the submission to the commissioner of documents 

satisfactory to the commissioner or incorporated into a 

permit as a restriction on emissions . 

(6) Compliance Requirements . 
R-39 REV. 1177 

Section : e 

STATE OF CONNECTICUT Page 51 of 97 pages 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

(A) The owner or operator of the subject source or modification 

shall demonstrate that all stationary sources owned, 

operated or controlled by the owner, operator, applicant, 

permittee and any parent company or subsidiary thereof are 

in compliance with all environmental protection laws or are 

on a federally enforceable schedule for achieving such 

compliance ; and 

(B) The owner or operator of the subject source or modification 

shall demonstrate that compliance with any enforcement 

orders for stationary sources in Connecticut owned, operated 

or controlled by the owner, operator, applicant, or 

permittee are on the most expeditious compliance schedule 

practicable . 

(7) Public Notice . The notice of tentative determination pursuant to 

section 22a-6h of the Connecticut General Statutes shall include any 

information concerning the proposal by the owner or operator to offset 

the potential emissions increase from the subject source or 

modification and the commissioner's approval of LAER . 

(8) Notwithstanding any provision of this section : 

(A) No permit shall be granted under this subsection if the --

Administrator has made a final determination that the 

applicable implementation plan is not being implemented for 

the nonattainment area in which the subject source or 

modification is to be located; and 

(B) Pursuant to section 173(a)(1)(B) of the Act, the owner or 

operator of any new major stationary source or major 

modification which is located in a zone within the nonattainment area, which zone has been identified by the 

Administrator, in consultation with the Secretary of Housing 

and Urban Development, as a zone to which economic 

development should be targeted, shall not be required to 

obtain offsetting emission reductions pursuant to this 

subsection unless the proposed emissions would cause or 

contribute to emissions levels which exceed the emissions 

levels allowed by the State Implementation Plan . 

t4M& be bins 

~1 ) Pam bh8-Pi3Wp®HeB-a'£~tmhiq e"ESS`a"vabav :rr 
R-39 REV. 1177 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 52 of 97 pages 

REGULATION 

OF 

Environmental Protection 

of- atkoh -&".r 

W44) sbavb up 8 °Bttoh a'v'ar ve9 
R-39 REV . 1/77 

Section : s 

NAME OF AGENCY 

STATE OF CONNECTICUT Page 53 of 97 pages 

REGULATION 

OF 

Environmental Protection 

-- - 

-  -h.._  
R-39 REV. 1rn7 STATE OF CONNECTICUT Page 54 of 97 pages 

REGULATION 

OF 

Section : s 

NAME OF AGENCY 

Environmental Protection 

Sec . 4 The Regulations of Connecticut State Agencies are amended by 

adding section 22a-174-3b as follows : 
lafi I II-ICA f ION 

K-39KIly till 

Be it known that the foregoing: Page 97 of~ 97 Pages 

® Regulations ~ Emergency Regulations 

Are: 

Adopted ~7 Amended as hereinabove stated ® Repealed 

13y tile aforesaid agency pursuant to : 

'' Section 22a-6 and 22a-17d of the General Statutes . 

Section of the General Statutes, as amended by Public Act No . of the Public Acts . 

Public Act No . of tile Public Acts . 

After publication in the Connecticut Law Journal on July 17 20_a_ of the notice of the proposal to : 

® Adopt ® Amend ® Repeal such regulations 

(/f applicable): ® And the holding of a public hearing on Sth day of September 20 01 

WHEREFORE, the foregoing regulations are hereby : 

® Adopted ® Amended as hereinabove stated ® Repealed 

Effective: 

0 When filed with the Secretary of State . 

(OR) 

The 15111 day of March 

In Witness Whereof: 

Z~]_ - . 

r--

Bo arJl, A r r Commission) OFFICIAL TITLE, DULY AUTI10RIZED 

Appmved fly the Auorney General as to legal sufficiency 

ht accordance with Sec . 4-169, as amended . C.G .S : Approved y 

O Disapproved 

Disapproved in part, (Ini(icute Seclion Nurnbersidisnpproved only) 

Rejected without prejudice. 

<< 

By the Legislative Regulation Review Committee in accordance 

[g) 

I4~ lerk o t! Le (a e ulorld~ 

with See. 4-170 as ameutled of tile General Statutes . I I x1 (~ ~ 

Leg ' 

1- - - - ---- ---- Two certified copies received and filed, autl clue such copy forwarded to the Commissi n on Official Legal Publicatiolu 

m accordance with Section A-172, as aweuletl, of the General Statutes . 

D 

~ 

E SIGNLD (Secrelary of rhe State .) 

.-.~..r.aN. L~, 2~,1' S1,. .,_., 13 .~.,.. 

INSTRUCTIONS 

~# 1ewv Cwntuure 

V \ _ 

l . One copy of all regulations for adoption, amendment or repeal, except emergency regulations, must be preseutt:d to the Attorney Generat for 

determination of legal sufficiency . Section 4-169 of the General Statutes 

2 . Seventeen Copies of all regulations for adoption, atuenthneut or repeal, except emergency regulations, tnust be prescutett to the standing 

Legislative Regulation Review Commiuee for its approval . Section 4-170 of file General Statutes . 

3 . Each regulation must 'be ill the rot ill intended for publication and must include tile approptiate regulatiou sectiun nunrber and section heading 

Section. 4-172 of the Gelteal Statutes . 

4 . tndicate by "(NEW)" in heading if new regulation . Amclaletl regulations must cuntaut new language ill capital ICttel's atUt deleted language in brackets . Section 4-170 of tile Ganerul Statutes . ~~

R ~'s~li 

y~' , 

J 8~! 

~J F0 < 1 AM 

Commissionet" 

, ---/ OPPI---C-IA T---IT .E, DULY AUTHORIZED 

~ S'°c, ~fy~/(~e, 

RECORDS & LEGISLATIVE Sk!<!'t.'_' . 

SCCI?I=TARY O~ TN" °l11f~ 
!-1 

Office of Secretary of the State Susan aYsleWlcz 

State of Connecticut Secretary of the State 

30 Trinity Street, P O. Box 150470, Hartford, CT 0611:5=04-7-0~~~, ,_~ 

Maria M Greenslade 

- Deputy Secretary of the State 

January 2, 2002 

Hon. Arthur Rocque, Jr ., Commissioner 

Dept. of Environmental Protection 

79 Elm Street 

Hartford, CT 06105 

DEPARTMBNI`QFENVIItOMEIvTALPROTECIION 

EURBAU OF AIR 11frAMA0BIENT 

OFFICE OF KTZEAJ `h1EF 

JAN 1 0 2002 

RECEIVE 

Dear Commissioner Rocque: . 

This is to acknowledge receipt of two certified copies of the following regulation issued 

by your department concerning : 

Abatement of Air Pollution. 

Said regulation was received and filed in this office on December 27, 2001 . The effective 

date of this regulation is December 27, 2001 . 

Very truly yours, 

4v~~+-- 

Peter J. Bartucca 

Manager, Records and Legislative Services 

PJB:lm 

File 

Commercial Recording Division (860) 509-6001 fax 509-6068 

Election Services Division (860) 509-6100 fax 509-6127 

Management & Support Service (860) 509-6190 fax 509-6175 

Records & Legislative Service (860) 509-6134 fax 509-6230 

State Capitol Office (860) 509-6200 fax 509-6209 

Citizen/Education (860) 509-6261 fax 509-6131 

Board of Accountancy (860) 509-6179 fax 509-6247 

www.state.ct.us/sots