reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-3 - Application procedure

Current through July 10, 2024
(a)
Who shall
			 apply
.
(1) The owner or operator of a
			 proposed facility subject to the requirement of certification under title 22a,
			 chapter 446a of the Connecticut General Statutes, for the construction or
			 modification of a low-level radioactive waste management facility must apply to
			 the council for a certificate pursuant to the application provisions of Section
			 22a-163h(a) of the Connecticut General Statutes. When a proposed facility is to
			 be owned by one person but operated by another person, both owner and operator,
			 if known at the time of filing, must sign the application.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-4 - Designation of most affected neighboring municipality

Current through July 10, 2024
(a)
Petition.
For the purposes
			 of ad hoc representation on the council and on the local project review
			 committee, any municipality may petition the council in writing for
			 consideration as the neighboring municipality likely to be most affected by the
			 proposed facility. Such a petition shall be filed no later than 20 days after
			 an application for a certificate is filed with the council and shall
			 specifically identify the reasons and provide supporting data, if available,
			 why the municipality believes it should be designated as the most affected
			 neighboring municipality.
(b)
Considerations.
No sooner than 20 days and no later than 30 days
			 after receiving an application for a certificate, the permanent members of the
			 council shall determine the neighboring municipality likely to be most affected
			 by the proposed facility. In making its determination, the council may consider
			 any relevant information contained in the application for the certificate and
			 in petitions filed by municipalities pursuant to this section. The council
			 shall, at a minimum, give reasonable consideration to the following
			 information:
(1) Description and location of
			 the proposed facility and proximity to neighboring municipalities;
(2) Air quality and movement, surface and
			 groundwater conditions and movement, and proximity to water company facilities
			 and property;
(3) Human population
			 density in the area of the proposed facility, including neighboring
			 municipalities; and
(4) Traffic
			 data, including transportation routes.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-5 - Fees and assessments

Current through July 10, 2024
(a)
Payment.
All application fees required by the council for a
			 certificate of public safety and necessity for a low-level radioactive waste
			 management facility or modification of an existing facility shall be paid to
			 the council at the time such application is filed.
(b)
Fee schedule.
The
			 application fee for a certificate of public safety and necessity for a
			 low-level radioactive waste management facility or an amendment to a
			 certificate of public safety and necessity of an existing facility as defined
			 in title 22a, chapter 446a of the Connecticut General Statutes, and these
			 regulations shall be 1% of estimated construction cost not including land, but
			 not less than $5,000 and not more than $100,000. The fee for each application
			 for a certificate or amendment of a certificate described in title 22a, chapter
			 446a of the Connecticut General Statutes, shall be used for the administrative
			 expenses of the council and its staff incurred in processing the application.
			 Assessments of the applicant shall be made during the proceeding, or
			 thereafter, for the expenses of the entire proceeding, and shall be in addition
			 to any fee paid pursuant to this section. The amount of any fees and
			 assessments paid pursuant to this section which are in excess of the actual
			 expenses of the council in reviewing and acting upon the entire application
			 shall be refunded within 180 days after all council obligations regarding the
			 application are resolved.
(c)
Declaratory ruling fee.
The fee for each petition for a
			 declaratory ruling pursuant to Section
			 16-50j-39 of
			 the Regulations of Connecticut State Agencies shall be $500. In the event that
			 a hearing is held for a petition for declaratory ruling, assessments on
			 applicants shall be made for expenses incurred for and during the entire
			 proceeding and shall be in addition to any fee paid pursuant to this
			 section.
(d)
Declaratory
			 ruling field inspections.
For a petition for a declaratory ruling
			 regarding a low-level radioactive waste management facility, the person or
			 entity submitting such request or petition shall make payment of a fee of $500
			 to the council for a field inspection. This fee shall be paid within 30 days
			 after the council's inspection and shall be in addition to any other fee paid
			 pursuant to this section.
(e)
Development and Management Plan (D&M) Field Inspections.
Expenses incurred for field inspections in reviewing the D&M plan of a
			 low-level radioactive waste management facility shall be billed quarterly to
			 the applicant.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-6 - Local project review grant

Current through July 10, 2024
(a)
Deposit.
Upon the filing of an application with the council, the
			 applicant shall deposit with the council for the local project review committee
			 a grant of $100,000.
(b)
Disbursement.
Upon the filing by the local project review
			 committee established pursuant to Section 22a-163p of the Connecticut General
			 Statutes, of receipts for expenses for technical assistance including
			 environmental, scientific, financial, professional, and legal assistance
			 incurred by such committee for its review of the proposed low-level radioactive
			 waste management facility within the council's proceeding, the council shall
			 reimburse the local project review committee a sum not exceeding that deposited
			 by the applicant pursuant to subsection (a) of this section. Any remaining
			 funds shall be returned to the applicant.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-8 - Transferability of certificates

Current through July 10, 2024
(a) No certificate
			 may be transferred, except to the custodial agency pursuant to state and
			 federal law, without approval of the permanent council.
(b) Any person desiring to transfer a
			 certificate shall jointly submit with the proposed transferee an application to
			 the council on such forms as may be prescribed from time to time by the
			 permanent council members. Such application shall, at a minimum, include the
			 date on which such transfer was agreed upon by the parties to the transfer, an
			 explanation of the reasons for the proposed transfer, and the same information
			 about the transferee which is required of an applicant for a certificate by
			 Section 22a-163h of the Connecticut General Statutes.
(c) The proposed transferee shall agree, in
			 writing, to comply with the terms, limitations, and conditions contained in the
			 certificate.
(d) The permanent
			 council shall not approve any such transfer if it finds:
(1) That such transfer was contemplated at or
			 prior to the time the certificate was issued and that such fact was not
			 adequately disclosed during the certification proceeding; or
(2) That the transferee lacks the financial,
			 technical, or management capabilities to comply fully with the terms,
			 limitations, or conditions of the certificate.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-9 - Development and management (D&M) plan

Current through July 10, 2024
(a)
Purpose.
At the time of the council's decision and order for a
			 certificate or amendment to a certificate, the council may require the
			 preparation of a full or partial D&M plan for any proposed low-level
			 radioactive waste management facility or any modification to a low-level
			 radioactive waste management facility, specifying how facility construction
			 will comply with siting orders issued by the council, where the preparation of
			 such a plan would help to protect the health and safety of Connecticut's
			 citizens and the environmental and economic interests of the state.
(b)
Procedure for preparation.
The D&M plan shall be prepared by the applicant in conjunction with the
			 council's staff.
(c)
Timing
			 of the plan.
The D&M plan, as specified in subsection (d) of this
			 section, shall be submitted in one complete filing to the council and to all
			 parties, but before the commencement of construction. The council shall
			 approve, modify, or deny the D&M plan within 60 days after receipt of such
			 plan.
(d)
Elements of D&M
			 plan.
A D&M plan shall be a precise and complete description of the
			 site and facility approved by the council and shall include, but not be limited
			 to, the following information:
(1) The
			 original application as revised by the applicant during the proceeding showing
			 all additions, deletions, and changes, with page references, to the original
			 proposal;
(2) A separate statement
			 of the proposed methods, equipment, and schedule for construction with
			 descriptions of possible adverse construction impacts and methods of minimizing
			 or mitigating such impacts;
(3) A
			 description of the effects of construction on site characteristics, such as the
			 effects of grading on surface drainage, and the effects of soil removal or
			 compaction upon erosion, permeability, and surface drainage;
(4) A statement of the management and
			 administrative program for the operation of the proposed facility and
			 maintenance of the site; and
(5)
			 The names and qualifications of supervisors assigned to the contruction
			 project.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-10 - Enforcement by the council

Current through July 10, 2024
Whenever the council becomes aware of any unauthorized
				construction or modification of a low-level radioactive waste management
				facility subject to the requirements of title 22a, chapter 446a of the
				Connecticut General Statutes or that there has been noncompliance with any
				terms, limitations, or conditions of a certificate, the council, pursuant to
				Section 22a-163m of the Connecticut General Statutes, will take appropriate
				enforcement action. Such action may include issuing a cease and desist order,
				suspending or revoking a certificate issued by the council upon a showing of
				cause and after a hearing, or requesting the attorney general to bring an
				enforcement proceeding in superior court.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163l - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163l-1 - Minimum distance requirements

Current through July 10, 2024
(a)
Minimum
			 distances.
Unless the applicant makes the demonstration required by
			 subsection (d) of this section, the minimum distances between the following
			 specified components of the proposed facility and other land uses or features
			 shall not be less than the following:
(1)
			 Distance between the active parts of the proposed facility and a security fence
			 to be located around the site to prevent unauthorized access: 100
			 feet;
(2) Distance between the
			 security fence and all other land uses for the purpose of providing limited
			 access to the proposed facility and a buffer to monitor and obtain information
			 about the ecology, meteorology, climate, hydrology, geology, geochemistry, and
			 seismology of the proposed facility site: 300 feet;
(3) Distance between the active parts of the
			 proposed facility and any water supply well, water supply surface water
			 feature, or aquifer in use or planned as a water supply source except for the
			 wells and surface water supply features of the proposed facility: 400
			 feet;
(4) Distance between the
			 active parts of the proposed facility and the seasonal high water table: five
			 feet.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163t(b) - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163t(b)-1 - Proportionate quarterly assessments

Current through July 10, 2024
(a)
Specification of Proportion.
When granting a certificate for a
			 low-level radioactive waste management facility, the council shall specify the
			 proportion of the quarterly assessment of the gross receipts that shall be paid
			 by the operator of the facility to the municipality in which the facility is
			 located and to the neighboring municipality most affected by the
			 facility.
(b)
Decision.
When specifying the proportion of the quarterly
			 assessment of the gross receipts, the council shall base its decision on:
(1) The proportional acreage in each
			 municipality or portion thereof within a two-mile radius of the
			 facility;
(2) The proportional
			 estimated amount of commercial traffic and roadways in each municipality or
			 portion thereof that would be necessary to access the facility; and
(3) The cost of mitigation measures in each
			 municipality necessary to protect the health, safety, and welfare of the
			 general public.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163t(e) - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163t(e)-1 - Pre-site selection property appraisal

Current through July 10, 2024
(a)
Appraisal.
When an application is filed with the council, the
			 applicant shall, by certified mail, notify each property owner within a
			 two-mile radius of the proposed facility of the pre-site selection property
			 appraisal of fair market value of the property, determined pursuant to Section
			 22a-163t(e) (4) of the Connecticut General Statutes.
(b)
Negotiation.
If the pre-site
			 selection property appraisal is disputed by the property owner, the property
			 owner may negotiate directly with the applicant, operator, or certificate
			 holder for a change. If not disputed within 60 days, the appraisal shall be
			 deemed a fair and accurate appraisal.
(c)
Submittal to Council.
Within
			 six months after applying for a certificate from the council, the applicant
			 shall submit to the Council all pre-site selection property appraisals of fair
			 market value and property value disputes that have not been resolved.
(d)
Disputes.
When making a
			 decision on the application for a certificate, the council shall be the final
			 arbitrator of all property appraisal disputes and issue final pre-site
			 selection property appraisals of fair market values for all properties within a
			 two-mile radius of the facility.
(e)
Decision.
The council shall
			 base its decision on:
(1) The appraisals
			 arranged by the applicant;
(2) The
			 claims and contentions of the property owners;
(3) Any appraisals provided by the property
			 owners;
(4) The municipal property
			 assessments; and
(5) If necessary,
			 a professional appraisal of every disputed property, arranged by the council
			 and paid for by the applicant.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163t(e) - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163t(e)-2 - Good faith effort to obtain fair price

Current through July 10, 2024
(a)
Good Faith Effort.
For the purposes of Section 22a-163t(e) (4) of
			 the Connecticut General Statutes, if any owner of property within a two-mile
			 radius of the facility offers to sell property after the selection of the site,
			 but before five years after the facility begins operation, a good faith effort
			 to sell shall be the listing of the property by a multiple listing real estate
			 agency for a period of 90 or more days with at least 12 daily advertisements in
			 a newspaper having a general circulation in the municipality at a price at
			 least equal to the pre-site selection property appraisal made pursuant to
			 Section 22a-163t(e) -1 (a) of these regulations, provided no offer is accepted
			 which is less than the pre-site selection property appraisal made pursuant to
			 Section 22a-163t(e) -1 (a) of these regulations. If the property is not sold
			 after the listing period of 90 days, all offers shall be disclosed to the
			 applicant, certificate holder, or operator of the facility. Thirty days after
			 such disclosure, or, if the good faith of the effort is disputed, 30 days after
			 the council rules a good faith effort has been made, the owner may accept the
			 highest reasonable offer made by any person, including the applicant,
			 certificate holder, or operator of the facility. If the owner chooses to sell
			 the property for less than the highest bid, for the purpose of Section
			 22a-163t(e) (4) of the Connecticut General Statutes, the difference paid to the
			 owner shall be that between the pre-site selection property appraisal and the
			 highest bid received excluding a bid from the applicant, certificate holder, or
			 operator of the facility.
(b)
Disputes.
Any dispute over a good faith effort to obtain a fair
			 price for a property shall be resolved by the council.
(c)
Decision.
The council shall,
			 within 60 days after being presented with a dispute regarding a good faith
			 effort to obtain a fair market price for a property, make a determination
			 whether or not the owner has made a good faith effort. In resolving such a
			 dispute, the council shall consider:
(1) The
			 pre-site selection property appraisal of fair market value of the property as
			 determined pursuant to Section 22a-163t(e) -1 (a) of these
			 regulations;
(2) The price at which
			 the property is being offered;
(3)
			 Action and efforts to obtain a fair price for the property including use of
			 real estate agents and newspaper advertisements; and
(4) The length of time the property has been
			 made available for sale.
Connecticut Administrative Code › Title 22a - Environmental Protection › 163t(e) - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163t(e)-3 - Expenses for property value determinations

Current through July 10, 2024
(a)
Filing Fee.
When submitting to the council for determination any
			 disputed appraisal or challenge of an effort to sell property, the applicant,
			 the certificate holder, or the operator of the facility shall submit a filing
			 fee equal to one percent of the total appraised property value, or $2,500,
			 whichever is less. At any time the council may assess the applicant, the
			 certificate holder, or the operator of the facility for additional payment to
			 carry out the provisions of these regulations.
(b)
Expenses.
Within 180 days
			 after rendering a final decision, the council shall issue a final bill to the
			 certificate holder, the applicant, or the operator of the facility necessary to
			 meet the expenses of the council and administer the provisions of these
			 regulations or refund fees and payments made in excess of actual council
			 expenses.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-3a - Permit to construct and operate stationary sources

Current through July 10, 2024
(a)
Applicability
			 and Exemptions.
(1)
Applicability.
In accordance with subsection (a) of this section,
			 the provisions of this subsection shall apply to the owner or operator of:
(A) Any new major stationary source that:
(i) Is or will be constructed in a designated
			 nonattainment area; and
(ii) Is or
			 will be a major stationary source of the pollutant for which the area is
			 designated as nonattainment or of the precursors to such
			 pollutant;
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-3c - Limitations on potential to emit for external combustion units, emergency engines, automotive refinishing operations, nonmetallic mineral processing equipment and surface coating operations

Current through July 10, 2024
(a)
Limitations on potential to
			 emit.
(1) Notwithstanding the
			 definition of "potential emissions" or "potential to emit" in section 22a-174-1 of the Regulations of Connecticut State Agencies, the potential emissions or
			 potential to emit of any individual air pollutant for an emission unit or group
			 of emission units of a single type identified in subdivision (2) of this
			 subsection is further limited by this section, unless otherwise determined by a
			 permit or order of the commissioner, provided the owner or operator operates
			 the emissions unit or group of emissions units to comply with all applicable
			 requirements of subsections (b) and (c) of this section. The potential
			 emissions of such emission unit or group of emission units of a single type
			 shall be less than the following levels:
(A)
			 For each individual air pollutant including nitrogen oxides, carbon monoxide,
			 particulate matter, PM10, PM2.5, volatile organic compounds, sulfur dioxide or
			 lead, fifteen (15) tons per year;
(B) For any individual federal hazardous air
			 pollutant, ten (10) tons per year;
(C) For the aggregate of federal hazardous
			 air pollutants, ten (10) tons per year; and
(D) For carbon dioxide equivalent emissions,
			 ten thousand (10,000) tons per year.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-5 - Methods for sampling, emission testing, sample analysis, and reporting

Current through July 10, 2024
(a) All sampling, emission testing, and
			 reporting shall be done in accordance with procedures prescribed by or
			 acceptable to the Commissioner under subsection (d) of this section of the
			 Regulations of Connecticut State Agencies or specified in another section of
			 the Regulations of Connecticut State Agencies adopted under chapter 446c of the
			 Connecticut General Statutes.
(b)
Sampling and emission testing methods
.
(1) Analysis for the sulfur content of liquid
			 fuels shall be done according to the American Society for Testing and Materials
			 method D 4294, D 7039 or the most current methods approved by the American
			 Society for Testing and Materials for the analysis of sulfur content of liquid
			 fuels.
(2) Analysis for sulfur
			 content of solid fuel shall be done according to the most current approved
			 methods of the American Society for Testing and Materials, as follows:
(A) Mechanical sampling by method D 2234 or
			 the most current method approved by the American Society for Testing and
			 Materials for mechanical sampling for sulfur content of solid fuels;
(B) Sample preparation by method D 2013 or
			 the most current method approved by the American Society for Testing and
			 Materials for sample preparation; and
(C) Sample analysis by method D 3176 or D
			 3180 or the most current method approved by the American Society for Testing
			 and Materials for the analysis of solid fuel sulfur content.
(3) The emission testing method
			 for sulfur dioxide emissions from stationary sources shall be that specified as
			 Method 6 in 40 CFR 60.
(4) The
			 emission testing method for sulfur oxides emissions from sulfuric acid plants,
			 and from any other source as the commissioner shall determine by regulation,
			 shall be that specified as Method 8 in 40 CFR 60.
(5) The emission testing method for
			 particulate emissions from all stationary sources shall be that specified as
			 Method 5 in 40 CFR 60.
(6) Emission
			 tests for organic compound emissions including dioxin emissions shall be
			 conducted in a manner approved by the commissioner.
(7) The emission testing method for nitrogen
			 oxide emissions from stationary sources shall be that specified as Method 7E in
			 40 CFR 60.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-6 - Air pollution emergency episode procedures

Current through July 10, 2024
(a)
			 When air pollutant concentrations monitored by the Department indicate that
			 short term high pollutant levels may be expected which are likely to have an
			 adverse impact on human health, the Commissioner shall prepare for the
			 declaration of an appropriate air pollution emergency episode.
(b)
Industrial Emergency episode
			 criteria.
In determining that any stage of an air pollution industrial
			 emergency episode exists, the Commissioner shall be guided by the following
			 criteria:
(b)
(1) First Stage: Industrial Air Pollution
			 Alert. An air pollution industrial alert shall be declared whenever the
			 concentration of one or more of the pollutants listed below reaches the
			 described level at any monitoring site operated by the Department:
A SO2 concentration of 800
				µg/m3 (0.3 ppm), 24-hour average;
A PM10 concentration of 350
				µg/m3, averaged over 24-hours, measured in
				accordance with the provisions of Appendix C of Title 40 Code of Federal
				Regulations part 58 revised as of July 1, 1989; or
A NO2 concentration of 1130
				µg/m3 (0.6 ppm), 1-hour average; 282
				µg/m3 (0.15 ppm), 24-hour average; and
				meteorological conditions are such that the pollutant concentrations can be
				expected, unless control actions are taken, to remain at the above levels or
				increase over a period of twelve (12) or more hours.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-7 - Air pollution control equipment and monitoring equipment operation

Current through July 10, 2024
(a)
Breakdown, failure and deliberate
			 shutdown.
(1) Neither breakdown,
			 failure nor deliberate shutdown of air pollution control equipment or
			 monitoring equipment nor submission of any notice pursuant to this section
			 shall excuse the owner or operator of any source from the obligation to comply
			 with an applicable emission limitation or emission standard or other applicable
			 requirement.
(2) If an owner or
			 operator operates a stationary source to produce emissions of an air pollutant
			 during breakdown, failure or deliberate shutdown of any air pollution control
			 equipment so as to produce an exceedance of an applicable emission limitation
			 or emission standard, the owner or operator shall:
(A) Exercise due diligence to minimize
			 emissions while such control equipment is inoperative;
(B) Continue the use of monitoring equipment;
			 and
(C) Give notice to the
			 Commissioner as required by subsections (d) and (e) of this section.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-8 - Compliance plans and schedules

Current through July 10, 2024
(a) All new sources
			 must comply with all regulations as of startup of operations.
(b)
(1)
			 Existing sources must comply with sections
			 22a-174-18(b),
			 22a-174-18(d),
			 and
			 22a-174-23(a)
			 of the Regulations of Connecticut State Agencies by June 1, 1972.
(2) Existing sources must comply with
			 sections
			 22a-174-18(a),
			 22a-174-18(c),
			 22a-174-18(e),
			 22a-174-18(f),
			 22a-174-19(b)
			 through (f) inclusive, 22a-174-20(a) through (e) inclusive, subdivisions
			 22a-174-20(f)(1),
			 22a-174-20(f)(2),
			 22a-174-20(f)(5),
			 22a-174-20(f)(6),
			 22a-174-20(f)(7),
			 22a-174-20(f)(8),
			 22a-174-20(f)(9),
			 22a-174-20(f)(10),
			 22a-174-21(a)
			 and (b) and 22a-174-22e as expeditiously as practicable.
(3) Sources subject to subdivision
			 22a-174-20(f)
			 (4) must submit to the Commissioner a proposed compliance plan and schedule by
			 November 1, 1972, which plan must provide for compliance with appropriate
			 regulations as expeditiously as practicable but not later than April 1, 1975.
			 Sources that do not submit such a plan must be in compliance by June 1,
			 1973.
(4) Fuel merchants must
			 comply with subdivision
			 22a-174-19(a)
			 (2) by September 1, 1972, and fuel users must comply with that section by April
			 1, 1973.
(5) Paint merchants must
			 comply with subdivision
			 22a-174-20(g)
			 (1) by January 1, 1974, and paint users must comply with subdivisions
			 22a-174-20(g)
			 (2) and (g) (3) by January 1, 1975.
(6) The owner or operator of a source subject
			 to the requirements of subsections
			 22a-174-20
			 (
l
) through (r) must comply by October 1, 1980.
(7) The owner or operator of a source subject
			 to the requirements of subsections
			 22a-174-20(s)
			 through (w) must comply by October 1, 1981.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-9 - Prohibition of air pollution

Current through July 10, 2024
(a) No person shall
			 permit or cause air pollution, as defined in section
			 22a-174-1. This
			 section applies to air pollutants not otherwise covered by these
			 regulations.
(b) The owner or
			 operator of any stationary source shall operate such source in accordance with
			 all applicable emissions standards, standards of performance, and any other
			 applicable requirements under Title 40 Code of Federal Regulations, Part 60,
			 Standards of Performance for New Stationary Sources, or Part 61, National
			 Emission Standards for Hazardous Air Pollutants, as from time to time may be
			 amended, which the Administrator has delegated to the Commissioner and which
			 delegation the Commissioner has accepted.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-10 - Public availability of information

Current through July 10, 2024
(a) Any records,
			 reports or other information obtained by the Commissioner or on file with the
			 department shall, pursuant to the provisions of sections
			 1-7
			 through 20 of the General Statutes, as amended, be made available to the
			 public. Upon a showing satisfactory to the Commissioner by any person that such
			 records, reports or other information, or particular parts thereof (other than
			 emission data), if made public, would divulge methods or processes entitled to
			 protection as trade secrets of such person, the Commissioner shall consider
			 such record, report or information, or particular part thereof, confidential,
			 except that such record, report or information may be disclosed to other
			 officers, employees, or authorized representatives of the state concerned with
			 carrying out these regulations or when relevant in any hearing conducted by the
			 Department of Environmental Protection or in any judicial proceeding, subject
			 to such safeguards as the hearing officer or presiding judge may
			 impose.
(b) Emission data shall not
			 be entitled to protection as a trade secret.
(c) Any emission data made public by the
			 Commissioner shall be presented in such a manner as to show the relationship
			 between measured amounts under applicable emission limitations and compliance
			 schedules or other measures.
(d)
			 The Commissioner, when he deems it appropriate, may require a nominal charge to
			 defray the costs of reproducing any requested information.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-11 - Prohibition against concealment or circumvention

Current through July 10, 2024
(a) No
			 person shall install or cause the installation or use of any device or any
			 means which, without resulting in reduction in the total amount of air
			 pollutant emitted, conceals or dilutes an emission of air pollutant which would
			 otherwise violate applicable regulations.
(b) Abatement of objectionable odors as
			 defined in section
			 22a-174-23 by
			 means of dilution or masking shall not be deemed a violation of this section,
			 provided that any masking odor used shall not itself violate section
			 22a-174-23 or
			 create a nuisance.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-13 - Variances

Current through July 10, 2024
(a) Any person who owns or operates any
			 source of air pollutants as defined in section
			 22a-174-1 may apply
			 to the Commissioner for a variance or a partial variance from one or more of
			 the provisions of these regulations. Applications for a variance shall be
			 submitted on forms furnished or prescribed by the Commissioner and shall supply
			 such information as he requires, including but not limited to,
(1) information on the nature and location of
			 the facility or process for which such application is made;
(2) the reasons for which the variance is
			 required, including the economic and technological justifications;
(3) the type and quantity of emissions that
			 will occur during the period of variance;
(4) a description of interim control measures
			 to be taken by the source to minimize emissions and the damages occurring
			 therefrom;
(5) history of any
			 previous environmental litigation between the source and government
			 agencies;
(6) a specific schedule
			 of measures to be taken to bring the source into eventual compliance with those
			 regulations from which the variance is sought;
(7) any other relevant information the
			 Commissioner may require in order to make a determination regarding the
			 application.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-14 - Compliance with regulation no defense to nuisance claim

Current through July 10, 2024
(a) Nothing in any portion of these
			 regulations shall in any manner be construed as authorizing or legalizing the
			 creation or maintenance of a nuisance, and compliance of a source with these
			 regulations is not a bar to a claim of nuisance by any person.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-15 - Severability

Current through July 10, 2024
(a) If any provision of these regulations or
			 the application thereof to any person or circumstances is held to be invalid,
			 such invalidity shall not affect other provisions or application of any other
			 part of these regulations which can be given effect without the invalid
			 provisions or application, and to this end the provisions of these regulations
			 and the various applications thereof are declared to be severable.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-16 - Responsibility to comply with applicable regulations

Current through July 10, 2024
(a)
			 Exemption from requirements for registration or permits or possession of a
			 permit to construct or operate or of a variance or approval of a compliance
			 schedule shall not relieve any person of the responsibility to comply with any
			 other applicable regulations or other provisions of federal or state
			 law.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-18 - Control of particulate matter and visible emissions

Current through July 10, 2024
(a)
Definitions.
For the
			 purposes of this section, the following definitions shall apply:
(1) "Calendar quarter" means a consecutive
			 three (3) month period (non-overlapping) beginning on January 1, April 1, July
			 1 or October 1;
(2) "Flue-fed
			 incinerator" means an incinerator with a single flue that serves as both the
			 charging chute and the flue to transport combustion products to the
			 atmosphere;
(3) "Incinerator"
			 means, notwithstanding Section
			 22a-174-1 of the Regulations of
			 Connecticut State Agencies, any device, apparatus, equipment or structure used
			 for destroying, reducing or salvaging by fire 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;
(4) "One-minute block average" means, for
			 measurements taken at a source using opacity CEM equipment, the average of six
			 (6) or more data points equally spaced over one minute; and, for measurements
			 taken using 40 CFR
			 60, appendix A, reference method 9, the
			 average of four or more data points equally spaced over a one minute
			 period;
(5) "Shutdown" means the
			 period of time beginning when the owner or operator of a stationary source
			 initiates the process of ceasing the operation of such source and ending when
			 operation thereof has completely ceased;
(6) "Six-minute block average" means, for
			 measurements taken at a source using opacity CEM equipment, the average of
			 thirty-six (36) or more data points equally spaced over a six (6) minute
			 period; and, for measurements taken using
			 40 CFR
			 60, appendix A, reference method 9, the
			 average of twenty-four or more data points equally spaced over a six (6) minute
			 period;
(7) "Stationary
			 reciprocating internal combustion engine" means any spark ignited or
			 compression ignited engine that is also a stationary source as defined in
			 section 22a-174-1 of the Regulations of
			 Connecticut State Agencies; and
(8)
			 "Startup" means the time beginning when the owner or operator of a stationary
			 source initiates the process of setting such source into operation.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-19 - Control of sulfur compound emissions

Current through July 10, 2024
(a)
Reserved.
(b)
Sulfuric acid plants.
No person shall cause or permit sulfur compound, expressed as
				sulfur dioxide, emissions which exceed 6.5 pounds per ton (3.25 kg/ metric ton)
				of one hundred percent (100%) acid produced.
(c)
Sulfur recovery plants.
No person shall cause or permit the emission of sulfur
				compounds, expressed as sulfur dioxide, from a sulfur recovery plant to exceed
				0.01 pounds (kg) per pound (kg) of sulfur processed.
(d)
Nonferrous smelters.
No person shall cause or permit the emission of sulfur
				compounds, expressed as sulfur dioxide, from primary non-ferrous smelters to
				exceed that set forth according to the following equations.
Copper smelters: Y = 0.2 X
Zinc smelters: Y = 0.564 X 0.85
Lead smelters: Y = 0.98 X 0.77
Where X is the total sulfur fed to the smelter in lb/hr and Y
				is the allowable sulfur dioxide emissions in lb/hr.
(e)
Sulfite pulp mills.
No person shall cause or permit the total sulfite pulp mill
				emissions of sulfur compounds, expressed as sulfur dioxide, from blow pits,
				washer vents, storage tanks, digester relief, recovery system, etc., to exceed
				9.0 pounds per air-dried ton (4.5 kg/metric ton) of pulp produced.
(f)
Other process
			 sources.
Notwithstanding the provisions of section
				22a-174-18(f)
				of the Regulations of Connecticut State Agencies, process sources not covered
				in subsections (b) through (e) of this section shall not emit sulfur compounds,
				expressed as sulfur dioxide, in the stack effluent in concentrations that
				exceed 500 parts per million at standard temperature and
				pressure.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-19b - Fuel sulfur content limitations for stationary sources

Current through July 10, 2024
(a)
Definitions.
For the
			 purposes of this section:
(1) "Aviation fuel"
			 means a refined petroleum distillate defined in ASTM D1655, Standard
			 Specification for Aviation Turbine Fuels, or the current active version
			 thereof. "Aviation fuel" includes Jet A and Jet A-1 but does not include Jet
			 B.
(2) "Combustion" means the rapid
			 chemical combination of oxygen with the combustible element of a fuel resulting
			 in the production of heat.
(3)
			 "Fuel" means distillate fuel oil, residual oil, blends of distillate fuel oil
			 and biodiesel fuel, blends of residual oil and biodiesel fuel, aviation fuel or
			 kerosene.
(4) "Kerosene" means a
			 refined petroleum distillate defined in ASTM D3699-08, Standard Specification
			 for Kerosine, or the current active version thereof.
(5) "Sulfur dioxide" or
			 "SO2" means a gas that at standard conditions has the
			 molecular form SO2.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-22 - Control of nitrogen oxides emissions

Current through July 10, 2024
(a)
Definitions
For purposes of this section, the following definitions shall
				apply:
(1) "Contract" means:
(A) an agreement between a utility and a
			 customer (or other person) to provide electricity; or
(B) a change in any agreement between a
			 utility and a customer (or other person) to provide electricity.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-22b - Repealed

Current through July 10, 2024
History updated October 20, 2014 to clarify section repealed
				  date. Repeal of May 1, 2010 made by final approved regulation effective
				  September 4, 2007. (October 20, 2014)
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-22c - The clean air interstate rule (CAIR) nitrogen oxides (NO) ozone season trading program

Current through July 10, 2024
(a)
Definitions.
For the purposes of this section, the following
			 definitions apply, provided that any term related to the administration of this
			 section that is not defined in this subsection shall be as defined or described
			 in 40 CFR 96 subpart AAAA and any remaining terms not defined shall be as
			 defined in section
			 22a-174-1 of the
			 Regulations of Connecticut State Agencies:
(1) "CAIR NOx Ozone
			 Season unit" means a unit that:
(A) Is a "CAIR
			 NOx Ozone Season unit" under
			 40
			 CFR 96.304; or
(B) Satisfies the criteria in one of the
			 following clauses:
(i) Is a fossil-fuel-fired
			 emission unit that operated at any time during the period from May through
			 September 1990 and that serves a generator with a nameplate capacity of fifteen
			 (15) megawatts or more,
(ii) Is a
			 fossil-fuel-fired emission unit that serves a generator that generates
			 electricity at a rated output of fifteen (15) megawatts or more by employing
			 "cogeneration technology," as defined in section
			 16-1 of
			 the Connecticut General Statutes,
(iii) Is a fossil-fuel-fired boiler or
			 indirect heat exchanger with a maximum design heat input of 250 MMBtu/hr or
			 more, or
(iv) Is a
			 fossil-fuel-fired emission unit that began operating after September 30, 1990
			 and that serves a generator that generates electricity at a rated output of
			 fifteen (15) megawatts or more.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-22e - Control of nitrogen oxides emissions from fuel-burning equipment at major stationary sources of nitrogen oxides

Current through July 10, 2024
(a)
Definitions
. For the purposes of this section, the following
			 definitions apply. Any term not defined shall be as defined in section
			 22a-174-1 of the Regulations of
			 Connecticut State Agencies:
(1) "Affected
			 unit" means a fossil-fuel fired:
(A)
			 Stationary source that serves a generator with a nameplate capacity of 15 MW or
			 more; or (B) Boiler or indirect heat exchanger with a maximum heat input
			 capacity of 250 MMBtu/hr or more.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-22f - High daily NOx emitting units at non-major sources of NOx

Current through July 10, 2024
(a)
Definitions.
For the
			 purposes of this section, the following definitions apply. Any term not defined
			 shall be as defined in section
			 22a-174-1 of the Regulations of
			 Connecticut State Agencies:
(1) "Affected
			 unit" means a fossil fuel-fired:
(A)
			 Stationary source that serves a generator with a nameplate capacity of 15 MW or
			 more; or
(B) Boiler or indirect
			 heat exchanger with a maximum heat input capacity of 250 MMBtu/hr or
			 more.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-23 - Control of odors

Current through July 10, 2024
(a)
(1) No person shall cause or permit the
			 emission of any substance or combination of substances which creates or
			 contributes to an odor, in the ambient air, that constitutes a
			 nuisance.
(2) An odor constitutes a
			 nuisance if present with such intensity, characteristics, frequency and
			 duration that:
(A) It is, or can reasonably be
			 expected to be, injurious to public health or welfare, or
(B) It unreasonably interferes with the
			 enjoyment of life or the use of property, considering the character and degree
			 of injury to, or interference with, the health, general welfare, property, or
			 use of property of the people affected, and the location of the pollution
			 source and character of the area or neighborhood affected. Whether the source
			 of the emissions was present in the location first shall not be a
			 consideration.
(3)
			 Except as provided in subsection (b) of this section, in determining whether an
			 odor constitutes a nuisance the commissioner shall review information gathered
			 from any source of information, including but not limited to citizen complaints
			 and site inspections or surveys.
Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-24 - Connecticut primary and secondary ambient air quality standards

Current through July 10, 2024
(a)
Reserved.
(b) The concentration of pollutants in the
			 ambient air, as measured by a reference or equivalent method designated in 40
			 CFR 50 or 40 CFR 53, shall conform with levels specified in this section as the
			 applicable air quality standards for these air pollutants throughout
			 Connecticut. No person shall operate any stationary source, which has a
			 significant impact on air quality as described in section
			 22a-174-3 a(i)(1) of the
			 Regulations of Connecticut State Agencies for the pollutants listed in Table
			 3a(i)-1 of section
			 22a-174-3 a of the
			 Regulations of Connecticut State Agencies, in such a manner as to cause or
			 contribute to a violation of an ambient air quality standard.
(c)
Reserved.
(d)
Connecticut primary and secondary
			 ambient air quality standards for sulfur oxides (sulfur dioxide).
(1) The level of the Connecticut primary
			 1-hour ambient air quality standard for sulfur oxides, measured as sulfur
			 dioxide, is 75 parts per billion, as set out in
			 40
			 CFR 50.17.
(2) The level of the Connecticut primary
			 24-hour ambient air quality standard for sulfur oxides, measured as sulfur
			 dioxide, is 0.14 parts per million, as set out in
			 40
			 CFR 50.4.
(3) The level of the Connecticut primary
			 annual ambient air quality standard for sulfur oxides, measured as sulfur
			 dioxide, is 0.030 parts per million, as set out in
			 40
			 CFR 50.4.
(4) The level of the Connecticut secondary
			 3-hour ambient air quality standard for sulfur oxides, measured as sulfur
			 dioxide, is 0.5 parts per million, as set out in
			 40
			 CFR 50.5.