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. 1177 IMPORTANT Read Instructions onbottomof CertificationPagebeforecompletingthisform Failuretocomplywithinstructions maycause disapprovalof proposed Regulations NAME OF AGENCY 

## STATEOFCONNECTICUT Page1of97pages



# REGULATION

OF Environmental Protection

Concerning 

## Adoptionof: Section22a-174-2a-ProceduralRequirements forNew SourceReviewandTitleVPermitting;Section22a-174-3a -Permitto ConstructandOperateStationarySources; Section22a-174-3b

- Exemptionsfrom

PermittingforConstruction andOperationofExternal CombustionUnits,AutomotiveRefinishingOperations,Nonmetallic MineralProcessingEquipmentandSurfaceCoatingOperations;and Section22a-174-3c-Limitations onPotentialtoEmitforExternal Combustion Units,AutomotiveRefinishingOperations,Emergency Engines,NonmetallicMineralProcessingEquipmentandSurfaceCoating Operations; Amendmentof: Section22a-174-1 -Definitions;andSection22a-174-33 -TitleVSources;and Repealof: Section22a-174-2-RegistrationRequirementsforExisting StationarySourcesofAirPollutants;andSection22a-174-3 -Permitsto ConstructandPermitstoOperateStationarySourcesorModifications Section: 1 

# AttachmentA
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 froma 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 fromthe "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 allowor 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 LAW101-549

. (2) "ACTUAL EMISSIONS" HAS THE SAME MEANINGAS 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

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NAMEOF AGENCY 

## STATEOFCONNECTICUT Page2of97pages 

# REGULATION OF EnvironmentalProtection 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 FROMA STATIONARYSOURCE

. 

### [(5)](8) "Allowable emissions" [means the rate of emissions froma stationary source of a particular air pollutant where the emission rate is calculated using the maximumrated capacity of the source, unless the source is subject to permit conditions or other order of the Commissioner which limit the maximumrated 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 maximumrated 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 StatesR-39 REV

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### Section: 6 NAME OF AGENCY 

## STATEOFCONNECTICUT Page3of97pages 

# 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 maximumdegree 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]

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### Section: 

## s NAME OF AGENCY 

## STATEOFCONNECTICUT Page4of97pages 

# 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

. 

## E°(14)i--H!®)-"@Au--ria~ee a b wLe

__ g- - - - [(15)](19) "CFR" means the Code of Federal Regulations

.

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### e®~Amsd"ti e¬-eagben ffien®leide, &" 00 aod 09111
~aa-tve-b®bh ffiefteuved ~3r=vaittmP (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 ASTATIONARY 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 programof 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 programof 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 (includingR-39REV

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### Section: 

## STATEOFCONNECTICUT Page5of97pages 

# REGULATION OF
NAME OFAGENCY 

### 6 

## EnvironmentalProtection
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 SYSTEMFOR CONTINUOUSLY MEASURING THE EMISSIONS OF ANY POLLUTANT FROMA 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 THROUGHA 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 maximumpollutant concentration for the specified time period for that region or subregion.] 

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# REGULATION

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## Environmental Protection

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## STATEOF CONNECTICUT Page7of97pages 

# REGULATION

OF Environmental Protection

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. ,. .. .. ....... l ., 7 [(23)](30) "Discharge point" means any stack [and shall also include any] OR area fromwhich 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 fromseveral 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 fromthe 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 thatR-39REV

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### Section: 

## s NAMEOFAGENCY 

## STATEOFCONNECTICUT Page8of97pages 

# 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 fromthe 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 fromany 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)

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# REGULATION OF Environmental Protection
(36) "ERC" OR "EMISSION REDUCTION CREDIT" MEANS REAL, QUANTIFIABLE, SURPLUS, PERMANENT, AND ENFORCEABLE REDUCTIONS OF AIR POLLUTANT EMISSIONS FROMA SOURCE, WHEN SUCH REDUCTIONS ARE CERTIFIED BY THE COMMISSIONER THROUGHA 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 fromany 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)

. {-("34-}i-(44)-"wasaedous-a!~e-P819!tkbant° ~d-£rE&FI®N 2@3--194 go OF '£HB-~~6i3~r~Fap c^ar"~^a~re®sGlpxsg _2-9@

--¬!--aeet8ien-22a-i :?i 29 OF '^ 

### [(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 ASTMMethod D2015-66, D240-64, or D1826-64, using the (higher] HIGHEST heating value of each fuel

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### Section: s NAME OFAGENCY 

## STATEOF CONNECTICUT Page10of97pages 

# REGULATION

OF EnvironmentalProtection
[(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 fromone 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; orR-39 REV

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OF EnvironmentalProtection (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 newor 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 maximumrated 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 MEANINGAS 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, BERYLLIUMAND 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 froma 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 maximumrated 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, ANDR-39 REV

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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 "MAXIMUMACHIEVABLE 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) "Maximumpollutant 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

.R-39REV

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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 fromone 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 MAXIMUMCAPACITY, 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 froma stationary source by five (5) tons per year or more; or (ii) increases the maximumrated 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 maximumuncontrolled emissions froma 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] :R-39REV

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OF EnvironmentalProtection [(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 ALLOWAN 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 ALLOWAN 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 FROMA 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 maximumcombustion 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 THER-39REV

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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, fromstationary sources on any individual premise which the Commissioner determines will occur before the date that the increase fromthe proposed modification to the stationary source occurs]

. [(56)](71) "Nitrogen oxides" or "Nox" means the sumof 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 viewof 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 fromthe 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 ammoniumcarbonate

. [(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) "PM2 .5" MEANS PARTICULATE MATTER WITH AN AERODYNAMIC DIAMETER LESS THAN OR EQUAL TO A NOMINAL 2.5 MICROMETERS ASR-39 REV

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### 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 maximumrated capacity of the stationary source, unless the maximumrated capacity is limited by restrictions on .production rates, hours of operation,R-39REV

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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 

## STATEOF CONNECTICUT Page18of97pages 

# REGULATION

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s

(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 TREATEDAS 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 FROMSUCH 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 FROMSUCH SOURCE, (iii) SPECIFIES APPROPRIATE MONITORING TO DETERMINE

COMPLIANCE WITH SUCH EMISSION LIMITATION ORR-39 REV

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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 CEMOR 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 ATWELVE MONTH ROLLING AVERAGE

. IF ATWELVE MONTH ROLLING AVERAGE IS SELECTED, THE MONITORING SHALL BE CEMOR 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 FROMA 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 newSTATIONARY source [for the purposes of these regulations]

. [Use] THE USE of an alternative fuel or rawmaterial 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[ ;]

.R-39 REV. 1177



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OF Environmental Protection [(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 frommunicipal 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, NewCanaan, New Fairfield, NewMilford, 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 froma 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] ISR-39REV

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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 fromwater, 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 withdrawliquid fromthe tank can longer withdrawany 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.rmtn 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, ammoniumcarbonate and the organic compounds listed on 1(a)-1 belowwhich the Administrator has designated as having negligible photochemical reactivity .] MEANS "VOLATILE ORGANIC COMPOUND" AS DEFINED IN 40 CFR 51 .100(s), AS AMENDED FROMTIME 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

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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 sulfurR-39REV

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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 fromsuch 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 newSection 22a-174-2a as follows: (NEW) 

### Section 22a-174-2a

. Procedural requirements for newsource review and Title V permitting

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1-kR-39REV

. 1/77



### Section: 

## s NAMEOF AGENCY 

## STATEOFCONNECTICUT Page24of97pages 

# REGULATION OF Environmental Protection

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. 1m STATE OF CONNECTICUT Page25of97pages 

# REGULATION

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Section: 

## s

e+&t ---- NAME OF AGENCY

## Environmental Protection

(b) Public Notice

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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-39REV

. 1/77



### Section: 

## 6 NAME OF AGENCY 

## STATEOFCONNECTICUT Page26of97pages 

# 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 fromthe subject stationary source. ~ ~ . . . . . . ---, - ---: - ------

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--

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(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 newmajor 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 newmajor 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-39REV. 1/77



### Section: 

## s

(A) An application pursuant to section 22a-174-3a of the Regulations of Connecticut State Agencies;



## STATEOF CONNECTICUT Page27of97pages 

# 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 OFAGENCY

-'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 newmajor 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 commentR-39REV

. 1/77



### Section: 

## 0 NAME OF AGENCY 

## STATEOF CONNECTICUT Page28of97pages 

# REGULATION

OF EnvironmentalProtection
period in the notice including all comments received at the public hearing when making a final decision on the application

. (d) NewSource 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 newsource reviewnonminor 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 newsource reviewnon-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

- -
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.

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°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 fromthe 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 deniedR-39REV

. 1/77



### Section: 

## s NAME OFAGENCY 

## STATEOFCONNECTICUT Page29of97pages 

# 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 newsource 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,

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. - - -- '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 newsource reviewpermit 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 fromthe 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

. NewSource Review Minor Permit Modification 

### The permittee of any source that is subject to a newsource reviewpermit 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 newsource reviewminor 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 individualR-39 REV

. 1/77



### Section: 

## s

(B) An application for a minor permit modification shall the following:



## STATEOFCONNECTICUT Page30of97pages 

# 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 newsource 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 OFAGENCY

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 newsource reviewminor 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-39REV

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### Section: 

## 6 

## STATEOFCONNECTICUT Page31of97pages 

# REGULATION

OF NAMEOF AGENCY

## EnvironmentalProtection

e

---

Agensieer and (6) Notwithstanding the requirements of subsections (b) and (c) of this subsection, the commissioner may modify a Tiitle34 pe'em_= a_ newsource reviewpermit under this subsection without published notice, public comment, or hearing

. (f) Permit Revisions (1) Exemptions

. The owner or operator of a stationary source may performthe 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-39REV

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### Section: 

## s STATEOFCONNECTICUT Page32of97pages 

# REGULATION

OF NAMEOFAGENCY

## 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 STATEOF CONNECTICUT Page33of97pages 

# REGULATION

OF NAMEOF AGENCY



### (h)-Permit

## Environmental Protection

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

Sec

.3 TheRegulationsofConnecticutStateAgenciesareamendedbyaddinganew section 22a-174-3aasfollows: (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) Newmajor stationary source; (B) Major modification; (C) Newor reconstructed major source of hazardous air pollutants subject to the provisions of subsection (m) of this section;R-39REV

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### Section: 

## s NAME OFAGENCY 

## STATEOFCONNECTICUT Page34of97pages 

# REGULATION OF EnvironmentalProtection
(D) Newemission 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 fromfuel 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 reviewgeneral permit to construct and operate a newor 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 OFAGENCY 

## STATEOF CONNECTICUT Page35of97pages 

# 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 fromany physical change in, or change in the method of operation of a stationary source. Such increases shall include emission increases belowfifteen (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-39REV

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### Section: 

## 6 STATEOFCONNECTICUT Page36of97pages 

# REGULATION OF NAME OFAGENCY

## 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 flowdiagrams, (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, andR-39 REV

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### Section: 

## s NAMEOF AGENCY 

## STATEOF CONNECTICUT Page37of97pages 

# REGULATION OF Environmental Protection (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 fromthe 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 systemwhich has been certified by the commissioner, provided that such data may be taken froma 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 froma 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 newsubject stationary source or modification and actual emissions fromexisting stationary sources located at the premises over the preceding five (5) consecutive calendar years; (J) Compliance information pursuant to and required by section 22a-6mof 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 subjectR-39REV

. 1/77



### Section: 

## 6 STATEOFCONNECTICUT Page38of97pages 

# REGULATION

OF NAMEOFAGENCY

## Environmental Protection 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 theR-39REV

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### Section: 

## s NAMEOF AGENCY 

## STATEOFCONNECTICUT Page39of97pages 

# REGULATION

OF Environmental Protection

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 performmonitoring 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 fromsuch stationary source or modification, and in accordance with the commissioner's request, submit updated and current information regarding air pollutant emissions fromany 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

. ;R-39 REV

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### Section: 

## s STATEOF CONNECTICUT Page40of97pages 

# REGULATION OF NAMEOf AGENCY

(e) Emission Testing 

## EnvironmentalProtection

(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 formsatisfactory 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 reviewand 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 fromthe 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 thisR-39 REV

. 1/77



### Section: 6 NAMEOF AGENCY 

## STATEOF CONNECTICUT Page41 of97pages 

# REGULATION OF EnvironmentalProtection
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 bitsbeadi"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, fromeach 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, fromeach 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, fromeach newemission 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

.R-39 REV

. 1177

Section: 

## s NAMEOF AGENCY 

## STATEOFCONNECTICUT Page42of97pages 

# REGULATION

OF Environmental Protection
(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 reviewand 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 newsource or modification under this subsection the commissioner may require for construction projects, including phased construction projects, that the permittee resubmit for reviewand 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;R-39 REV

. 1177



### Section: 

## s STATEOF CONNECTICUT Page43of97pages 

# REGULATION

OF NAME OFAGENCY

## Environmental Protection (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 allowthe 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 newequipment 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 newmajor stationary source for each criteria air pollutant that is significant fromsuch newmajor 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 fromsuch 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 newmajor 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,R-39 REV

. 1/77



### Section: 

## s NAMEOF AGENCY 

## STATEOF CONNECTICUT Page44of97pages 

# REGULATION OF Environmental Protection (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 maximumallowable 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 newmajor 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 fromall modifications

to the major stationary source which were required to be permitted after the major source baseline date andR-39 REV

. 1/77



### Section: 

## s NAME OF AGENCY 

## STATEOF CONNECTICUT Page45of97pages 

# REGULATION

OF Environmental Protection
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 fromall 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 fromstationary sources located in the baseline area; (D) When determining the increase over the baseline concentration of criteria air pollutant emissions fromthe 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

### R-39REV

.1177 STATE OFCONNECTICUT Page46of97pages



# REGULATION

OF

Section: 

## s NAMEOF AGENCY

## EnvironmentalProtection

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 MaximumAllowable 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 fromconstruction 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 systemof 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 performany analysis or make any determination Under this subsection;R-39REV

. 1/77



### Section: B 

## STATEOFCONNECTICUT Page47of97pages 

# REGULATION

OF NAME OF AGENCY -


## - Environmental Protection
(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 newmajor 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; ;R-39REV

. 1/77



### Section: 

## 6 NAME OFAGENCY 

## STATEOF CONNECTICUT Page48of97pages 

# REGULATION

OF Environmental Protection
(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 Reviewand 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 newmajor modification or newmajor 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-39REV

. 1/77

Section: 6 NAME OFAGENCY 

## STATEOF CONNECTICUT Page49of97pages 

# 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 fromthe 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 compoundR-39REV

. 1/77



### Section: s NAMEOF AGENCY 

## STATEOF CONNECTICUT Page50of97pages 

# 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 fromsuch 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 fromreductions 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 fromshifting 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 systemshall 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-39REV

. 1177



### Section: 

## e STATEOF CONNECTICUT Page51 of97pages 

# REGULATION

OF NAME OFAGENCY

## 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 fromthe 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 newmajor 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:rrR-39 REV

. 1177



### Section: 

## s NAME OFAGENCY 

## STATEOF CONNECTICUT Page52of97pages 

# REGULATION OF Environmental Protection

of- atkoh -&".r

W 44) sbavb up 8 °Bttoh a'v'arve9R-39REV

. 1/77



### Section: 

## s NAME OFAGENCY 

## STATEOFCONNECTICUT Page53of97pages 

# REGULATION

OF EnvironmentalProtection

-- -

- -h.._

### R-39REV

.1rn7 STATE OF CONNECTICUT Page54of97pages 

# 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-ICAfION K-39KIly till Be it knownthat theforegoing: Page 97 of~97 Pages ® Regulations ~ EmergencyRegulations Are: Adopted ~7 Amendedashereinabovestated ® Repealed 13ytileaforesaidagency pursuant to: '' Section 22a-6and22a-17d oftheGeneralStatutes

. Section oftheGeneralStatutes,as amendedby PublicActNo

. ofthe PublicActs

. PublicActNo

. oftile PublicActs

. Afterpublicationin theConnecticut Law Journalon July 17 20_a_ofthenotice oftheproposal to: ® Adopt ® Amend ® Repeal such regulations (/fapplicable): ® Andtheholdingofapublic hearingon Sth dayof September 20 01 WHEREFORE, theforegoingregulationsarehereby: ® Adopted ® Amendedas hereinabovestated ® Repealed Effective: 0 Whenfiledwith theSecretaryofState

. (OR) The 15

111 dayof March

InWitnessWhereof: 

# Z~]_-.
r-- Bo arJl, A r r Commission) OFFICIALTITLE, DULYAUTI10RIZED

Appmvedflythe AuorneyGeneral astolegalsufficiency htaccordancewith Sec

.4-169,asamended

. C .G.S : Approved y O Disapproved Disapprovedin part,(Ini(icuteSeclionNurnbersidisnpprovedonly) Rejected withoutprejudice

. 

# <<

Bythe Legislative RegulationReviewCommittee inaccordance [g ) I4~ lerko t! Le (a e ulorld~ withSee

. 4-170 asameutled oftileGeneralStatutes

. I I x1 (~ ~ Leg' 1- - - - ---- ---- Twocertifiedcopies receivedandfiled, autlcluesuchcopyforwardedtotheCommissi nonOfficial LegalPublicatiolu m accordancewithSectionA-172,asaweuletl,oftheGeneral Statutes
. D

~ E SIGNLD(SecrelaryofrheState.)


## .-.~..r.aN

. L~,2~,1' S1,

..,_., 13.~ .,.. INSTRUCTIONS ~#1ewvCwntuure V\

_

l

. Onecopyofallregulationsforadoption,amendmentor repeal,except emergencyregulations, must bepreseutt:dtotheAttorney Generatfor determinationoflegalsufficiency

. Section4-169oftheGeneralStatutes

2

. SeventeenCopies ofall regulations foradoption, atuenthneutor repeal, exceptemergency regulations, tnust beprescutett tothestanding

Legislative RegulationReviewCommiuee for its approval

. Section 4-170offileGeneral Statutes

. 3

. Eachregulation must'be illthe rotill intended for publicationandmust includetileapproptiate regulatiousectiun nunrber and sectionheading

Section

.4-172oftheGelteal Statutes

.
4
. tndicate by "(NEW)" inheadingifnew regulation

. Amclaletl regulations mustcuntaut new language illcapital ICttel's atUtdeleted language in brackets

. Section4-170oftileGanerul Statutes

. ~~ R ~'s~li y~', J 8~!
~JF0 < 1 AM Commissionet"

,---/ OPPI---C-IA T---IT.E, DULYAUTHORIZED



## ~ S'°c,~fy~/(~e,

RECORDS &LEGISLATIVESk!<!'t .'_'

. SCCI?I=TARY O~TN" °l11f~

## !-1



# Officeof Secretary of theState SusanaYsleWlcz StateofConnecticut SecretaryoftheState 30Trinity Street, PO

. Box 150470, Hartford, CT0611:5=04-7-0~~~, ,_~ MariaM Greenslade

- DeputySecretaryoftheState



# January2,2002 Hon

.ArthurRocque,Jr.,Commissioner Dept

.ofEnvironmentalProtection 

# 79ElmStreet Hartford,CT06105 DEPARTMBNI`QFENVIItOMEIvTALPROTECIION EURBAUOFAIR11frAMA0BIENT 

# OFFICEOFKTZEAJ`h1EF 

# JAN1 02002 

# RECEIVE DearCommissionerRocque: . Thisistoacknowledgereceiptoftwocertifiedcopiesofthefollowingregulationissued byyourdepartmentconcerning: AbatementofAirPollution
. SaidregulationwasreceivedandfiledinthisofficeonDecember27,2001

. Theeffective dateofthisregulationisDecember27,2001
. Verytrulyyours, 4v~~+-- PeterJ

.Bartucca Manager,RecordsandLegislative Services

PJB:lm File

CommercialRecordingDivision (860)509-6001 fax509-6068 ElectionServicesDivision (860)509-6100 fax509-6127 Management&SupportService (860)509-6190 fax509-6175 Records&LegislativeService (860)509-6134 fax509-6230 StateCapitolOffice (860)509-6200 fax509-6209 Citizen/Education (860)509-6261 fax509-6131 BoardofAccountancy (860)509-6179 fax509-6247

www .state.ct.us/sots