U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 255
Air Pollution Regulations in State
Implementation Plans: Connecticut
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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290255
United States
Environmental Protection
Agency
Office of Air Quality
Ranning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-056
August 1 978
Air
Air Pollution Regulations
in State Implementation
Plans:
Connecticut
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
\. REPORT NO.
EPA-450/3-78-056
2.
3. RECIPIENT'S ACCESSION-NO.
A. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans:Connecticut
5. REPORT DATE '
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHORISI
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section I10(h)(l).of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COS AT I Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21. NO
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE
/ MF
fie/
EPA Form 2220-1 (9-73)
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EPA-450/3-78-056
Air Pollution Regulations
in State Implementation Plans:
Connecticut
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-056
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not .diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
CONNECTICUT
Submittal Date
8/26/74
Approval Date
2/13/76
Description
19-508-1,
19-508-100
FEDERAL REGULATIONS
Section Number
52.380
52.382
Description
Rules and Regulations
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULRJRIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(3.0)
(3.0)
(9.0)
(13.0)
(9.0)
(13.0)
(8.0)
(7.0)
(13.0)
(6.0)
(2.0)
(14.0)
(2.0)
(15.0)
(5.0)
(2.0)
(50.7)
(2.0)
(2.0)
STATE
Section
Number
19-508-1
19-508-2
19-508-3
19-508-4
19-508-5
19-508-6
19-508-7
19-508-8
19-508-9
19-508-10
19-508-11
19-508-12
19-508-13
19-508-14
19-508-15
19-508-16
REGULATIONS
Title
Definitions
Registration Requirements for
Existing Sources of Air
Pollutants
Permits for Construction and
Operation
Source Monitoring, Record
Keeping and Reporting
Methods for Sampling, Testing
Record Keeping and Reporting
Air Pollution Emergency Episode
Procedures
Malfunction of Control Equip-
ment, Reporting
Compliance Schedule
Prohibition of Air Pollution
Public Availability of
Information
Prohibition Against Concealment
or Circumvention
Violations and Enforcement
Variances
Compliance with Regulation
No Defense to Nuisance Claim
Severability
Responsibility to Comply with
Page
1
6
8
15
18
20
33
34
40
40
40
41
43
46
46
47
Applicable Regulations
VIM
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Revised Standard
Subject Index
(51.13)
(50.1)
(50.2)
(50.7)
(50.5)
(50.3)
(50.6)
(4.0)
(2.0)
(10.0)
Section
Number
19-508-17
19-508-18
19-508-19
19-508-20
19-508-21
19-508-22
19-508-23
19-508-24
19-508-25
19-508-100
Title
Control of Open Burning
Control of Particulate Emis-
sions
Control of Sulfur Compound
Emissions
Control of Organic Compound
Emissions
Control of Carbon Monoxide
Emissions
Control of Nitrogen Oxides
Emissions
Control of Odors
Connecticut Primary and
Standards
Effective Date
Permits for Construction and
Page
47
48
58
61
71
71
72
75
78
78
Operation of Indirect Sources
FEDERALLY PROMULGATED REGULATIONS
Revised Standard Section
Subject Index Number
(2.0) 52.380
(17.0) 52.382
Title
Rules and Regulations
Prevention of Significant
Deterioration
Page
87
89
IX
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(1.0) Section 19-508-1.
Definitions
(a) "Air pollutant" means dust, fumes, mist, smoke, other particu-
late matter, vapor, gas, aerosol, odorous substances, or any
combination thereof, but does not include carbon dioxide, un-
combined water vapor or water droplets, or molecular oxygen or
nitrogen.
(b) "Air pollution" means the presence in the outdoor (ambient)
atmosphere 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, to the health of human, plant or animal life, or to
property, or as unreasonably to interfere with the enjoyment
of life and property.
(c) "Ambient air quality standard" means any standard which estab-
lishes the largest allowable concentration of a specific
pollutant in the ambient air of a region or subregion as
established by the Federal Environmental Protection Agency or
the Commissioner.
(d) "Architectural coating" means a coating used for residential
or commercial buildings and their appurtenances, or industrial
buildings, or other outdoor structures.
(e) "BTU" means British thermal unit, which is the amount of. heat
required to raise the temperature of one pound of water one
degree Fahrenheit.
(f) "Commenced" or "Commencement" means that an owner or operator
has undertaken a continuous program of construction or modifi-
cation or has entered into a binding agreement or contractual
obligation for the construction or modification within a
reasonable time, of equipment or processes that directly affect
emissions from the source.
(g) "Commissioner" means the Commissioner of Environmental Protec-
tion, or the Deputy Commissioner for Environmental Quality.
(h) "Indirect source" means any building, structure, facility,
installation or combination thereof, that has or leads to
associated activity as a result of which any air pollutant is
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or may be emitted. Indirect sources include, but are not
limited to: shopping centers; sports complexes; drive-in thea-
ters or restaurants; parking lots or garages; residential,
commercial, industrial or institutional buildings or develop-
ments; amusement parks and other recreational areas; highways;
airports and combinations thereof.
(i) "Indirect source construction permit" means a permit for the
construction of an indirect source which is required to in-
sure that the proposed indirect source will neither prevent
nor interfere, either directly or indirectly, with the attain-
ment or maintenance of any applicable ambient air quality
standard.
(j) "Indirect source operating permit" means a permit which is
required to insure that the operation of an indirect source
will neither prevent nor interfere, either directly or indi-
rectly, with the attainment or maintenance of any applicable
ambient air quality standard.
(k) "Deterioration in air quality" means that a pollutant concen-
tration in a region or subregion for any pollutant specified
in these regulations will exceed the maximum pollutant concen-
tration for the specified time period for that region or sub-
region.
(1) "Emission" means the act of releasing or discharging air pollu-
tants into the ambient air from any source.
(m) "Existing ambient pollutant concentration" means the concentra-
tion of a specific pollutant at any point in a region or sub-
region either as a measured or calculated value adjusted to
reflect the impact of any point source or complex source which
is in construction or for which a permit to construct or oper-
ate has been issued.
(n) "Existing indirect source" means any indirect source, the con-
struction or modification of which is commenced prior to
October 1, 1974.
(o) "Existing point source" means any point source, the construc-
tion or modification of which is commenced prior to June 1,
1972.
(p) "Flare" means an apparatus or contrivance for the burning of
flammable gases or vapors at or near the exit of a stack,
flue or vent.
(q) "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.
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(r) "Fugitive dust" means solid airborne particulate matter emit-
ted from any source other than through a stack.
(s) "Incinerator" means any device, apparatus, equipment or struc-
ture 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. For further defini-
tions related to incineration, see section 19-508-18(c) (1).
(t) "Maximum pollutant concentration" means the largest concentra-
tion of a specific pollutant in a region or subregion either
as a measured or calculated value, as determined by the Com-
missioner, for the twelve months ending on June 30, 1972.
The time periods to be averaged for the purpose of establish-
ing 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.
(u) "Mobile source" means a source designed or constructed to
move from one location to another or to be portable and in-
cludes, but is not limited to automobiles, buses, trucks,
tractors, earth-moving equipment, hoists, cranes, mobile
power generators, aircraft, locomotives operating on rails,
vessels for transportation on water, lawnmowers, and other
small home appliances.
(v) "Modify" or "Modification" means making any physical change
in, or change in the method of operation of a source which
increases the amount of any air pollutant (to which a stan-
dard applies) emitted by such facility or which results in
the emission of any air pollutant (to which a standard ap-
plies) not previously emitted, or which increases the maxi-
mum rated processing or fuel burning capacity of the source,
except that:
(1) Routine maintenance, repair, and replacement shall not
be considered physical changes, and
(2) The following shall not be considered a change in the
method of operation:
(i) An increase in the production rate, if such
increase does not exceed the operating design
capacity of the affected facility;
(ii) An increase in hours of operation;
(iii) Use of an alternative fuel or raw material if,
prior to the date any standard under this part
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becomes applicable to such source, the affected
facility is designed to accommodate such alter-
native use.
(3) Any change, the sole purpose of which is to bring an
existing source into compliance with regulations appli-
cable to such source, shall not be considered a modifi-
cation.
(w) "Multiple-chamber incinerator" means any article, machine,
equipment, contrivance, structure or part of a structure used
to dispose of combustible refuse by burning, which consists
of two or more refractory lined combustion furnaces in series
physically separated by refractory walls interconnected by
gas passage ports or ducts and employing adequate design
parameters necessary for maximum combustion of the material
to be burned.
(x) "New indirect source" means any indirect source, the construc-
tion or modification of which is commenced after October 1,
1974.
(y) "New point source" means any point source, the construction
or modification of which is commenced after June 1, 1972.
(z) "Non-degradation" means that air quality in any region or
designated subregion shall not deteriorate, as defined in
subsection (g) of this section.
(aa) "Opacity" means the degree to which emissions reduce the
transmission of light and obscure the view of an object in
the background.
(bb) "Open burning" means the burning of any matter in such a
manner that the products of combustion resulting from the
burning are emitted directly into the ambient air without
passing through an adequate stack or flue.
(cc) "Organic compounds" means any chemical compounds of carbon
excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides, metallic carbonates and ammonium carbonate.
(dd) "Particulate matter" means any material, except water in
uncombined form, that is or has been airborne and exists as
a liquid or a solid at standard condition.
(ee) "Person" means any individual, corporation, partnership,
firm, association, trust, estate, public or private institu-
tion, 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.
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(ff) "Point source" means any mobile source, process source or sta-
tionary source which is subject to emissions rate standards
or other emissions standards imposed by these regulations.
(gg) "Point source construction permit" means a permit for the
construction of a point source which is required to insure
(1) that the proposed point source will not be in violation
of any applicable emissions rate standards imposed by these
regulations and (2) that the proposed point source will
neither prevent nor interfere directly with the attainment
or maintenance of any applicable ambient air quality standards.
(hh) "Point source permit to operate" means a permit which is re-
quired to insure (1) that the operation of a point source will
be in compliance with any applicable emissions rate standards
imposed by these regulations and (2) that the operations of a
point source will neither prevent nor interfere directly with
the attainment or maintenance of any applicable ambient air
quality standard.
(ii) "Process source" means any operation, process, or activity
except (1) the burning of fuel for indirect heating in which
the products of combustion do not come in contact with process
material, (2) the burning of refuse, and (3) the processing of
salvageable material by burning.
(jj) "Region" means an Air Quality Control Region, or the Connecti-
cut portion thereof, as defined by the Environmental Protec-
tion Agency in its Office of Air Programs publication No.
AP-102.
(kk) "Residual oil" means any fuel oil of No. 4, No. 5, or No. 6
grades, as defined by Commercial Standard C.S. 12-48.
(11) "Ringelmann chart" means the chart published and described in
the U.S. Bureau of Mines Information Circular 8333.
(mm) "Soiling index" means a measure of the soiling properties of
suspended particles in air determined by drawing a measure
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.
(nn) "Source" means any property, real or personal, which emits or
may emit any air pollutant.
(oo) "Stack" means any chimney, flue, conduit, or duct arranged tp
conduct emissions to the ambient air.
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(pp) "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.).
(qq) "Stationary source" means any building, structure, facility
or installation which emits or may emit any air pollutant,
and which does not move from location to location during
normal operation.
(rr) "Submerged fill pipe" means any fill pipe the discharge of
which is still entirely submerged when the pipe normally
used to withdraw liquid from the tank can no longer withdraw
any liquid.
(ss) "Subregion" means a subdivision of a Region, as determined by
the Commissioner.
(tt) "Tank" means any vessel for containing liquids or gases.
(uu) "Volatile organic compounds" means any organic compound, as
defined above, which has a vapor pressure of 1.5 pounds per
square inch absolute (77.6 mm. Hg.) or greater under actual
storage conditions.
(vv) "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 other container is physically separated and removed
from such water prior to outfall, drainage, or recovery of
such water.
(3.0) Section 19-508-2.
Registration Requirements for Existing Sources of Air Pollutants
(a) Except as specified in subsection (b), any person who on
June 1, 1972 owns or operates a source of air pollutants shall
submit to the Commissioner of the Department of Environmental
Protection by October 1, 1972, a source registration statement
and reports to be completed in accordance with instructions
and on forms furnished by the Commissioner.
(b) Registration shall not be required for the following sources:
(1) Mobile sources.
(2) Equipment used in a manufacturing process involving
surface coating, including but not limited to, spray
and dip painting, roller coating, electrostatic deposit-
ing or spray cleaning, and in which the total quantity
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of coating material and solvents used is less than
thirty (30) pounds in any one hour.
(3) Equipment which is used in a manufacturing process
involving metal cleaning and/or surface preparation,
and (i) which is connected to a ventilation system
controlling escape of air pollutants or contaminants
to the workroom air, such manufacturing process includ-
ing, but not limited to, etching, pickling, or plating
when the total capacity of such equipment is 1,000
gallons or less, or (ii) any solvent degreasing units
with a total capacity of 1,000 gallons or less.
(4) Equipment used in a manufacturing process, other than
as set forth in subsection (b) (1), (2), (3), (5), (6),
or (7), in which the combined weight of all materials
introduced, excluding air and water, does not exceed
either 2,000 pounds in any one hour or 16,000 pounds
in any one day.
(5) Any liquid storage tank, reservoir, or container used
for the storage of acids, volatile organic compounds,
solvents, diluents or thinners, inks, colorants, lac-
quers, enamels, varnishes, or liquid resins, and having
a capacity less than 40,000 gallons.
(6) Fuel burning equipment in which the maximum rated fuel
burning capacity is less than five million BTUs per hour,
unless the source is burning coal or residual oil.
(7) Sources used as incinerators in dwellings containing six
(6) or fewer family units.
(8) Any other process, operation, equipment, or activity,
except those types specified in subsection (b) (1)
through (7), which emits or causes to be emitted a
total of eight tons per year or less of any air pollu-
tant or combination of air pollutants.
(c) Notwithstanding any provision of subsection (b), registration
shall be required for all stationary industrial pneumatic
solid material handling or conveying systems and all indus-
trial flares for the disposal of waste or excess process gases.
(d) Unless the Commissioner shall otherwise determine, two or
more sources of a similar or identical nature in the same
plant or premises shall be considered a single aggregate source
for registration purposes. Two or more dissimilar sources in
the same plant or premises shall be considered separate sources
for registration purposes.
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(e) Any person who has registered a source pursuant to the pro-
visions of paragraph (a) of this regulation shall inform the
Commissioner on forms supplied by him of any changes in loca-
tion of the source, or any alteration of the source which
changes the amount of any air pollutant emitted by such
source, or the installation of an air cleaning device thereon,
or permanent cessation in operation of the source. Such
information shall be submitted prior to the completion of
such change or alteration or cessation of operations. The
information furnished the Commissioner shall be sufficient to
enable him to determine the manner in which the change will
affect emissions from the source.
(f) Guidelines, reporting forms, and instructions shall be furnish-
ed by the Commissioner for preparation of the registration
statements and reports. The Commissioner shall make these
forms as clear, easily understood, and concise as possible.
(3.0) Section 19-508-3.
Permits for Construction and Operation
(a) Exemptions from Permit Requirements.
(1) Permits under this regulation shall not be required for
the following sources:
(i) Mobile sources.
(ii) Equipment used in a manufacturing process involv-
ing surface coating, including but not limited to,
spray and dip painting, roller coating, electro-
static depositing or spray cleaning, and in which
the total quantity of coating material and sol-
vents used is less than thirty (30) pounds in any
one hour.
(iii) Equipment which is used in a manufacturing pro-
cess involving metal cleaning and/or surface pre-
paration, and which is connected to a ventilation
system controlling escape of air pollutants or
contaminants to the workroom air, such manufactur-
ing process including, but not limited to etching,
pickling, or plating when the total capacity of
such equipment is 1,000 gallons or less, or any
solvent degreasing units with a total capacity of
1,000 gallons or less.
(iv) Equipment used in a manufacturing process, other
than as set forth in subsections (a) (i), (ii),
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(iii)» (v), (vi), or (vii), in which the combined
weight of all materials introduced, excluding air
and water, does not exceed either 2,000 pounds in
any one hour or 16,000 pounds in any one day.
(v) Any liquid storage tank, reservoir, or container,
used for the storage of acids, volatile organic
compounds, solvents, diluents or thinners, inks,
colorants, lacquers, enamels, varnishes, liquid
resins, and having a capacity less than 40,000
gallons
(vi) Fuel burning equipment in which the maximum rated
fuel burning capacity is less than five million
BTU per hour, unless the source is burning coal
or residual oil.
(vii) Sources used as incinerators in dwellings contain-
ing six (6) or fewer family units.
(viii) Any other process, operation, equipment, or acti-
vity, except those types specified in subsection
(a) (1) (i) through (vii), which emits or causes
to be emitted a total of eight tons per year or
less of any air pollutant or combination of air
pollutants.
(2) Notwithstanding any provision of subsection (a) (1),
permits shall be required for all new stationary indus-
trial pneumatic solid material handling or conveying
systems and all industrial flares for the disposal of
waste or excess process gases.
(b) Applications for Permits to Construct.
(1) Effective June 1, 1972, except as specified under sub-
section (a), no person shall construct, modify, install
or cause the construction, modification, or installation
of any new source of air pollutants, or modify any
existing source or facility without applying for and ob-
taining a construction permit from the Commissioner.
(2) Application for each source described in subsection (b)
0)» (g) (5) and (g) (6) shall be made by the owner or
operator of the source on forms furnished by the Com-
missioner. Each application shall include siting infor-
mation; descriptions of the equipment and processes
involved; the nature, source and quantity of uncon-
trolled and controlled emissions; the type, size and
and efficiency of control facilities; and such other
information as the Commissioner may require.
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(3) Unless the Commissioner shall otherwise determine, when
two or more sources of a similar or identical nature are
constructed or modified in the same plant or premises,
they shall be considered a single aggregate source.
When two or more dissimilar sources are constructed or
modified, a separate permit shall be required for each
source.
(c) Standards for Granting Construction Permits.
No permit to construct or modify shall be granted until the
Commissioner shall have found, upon evidence submitted by the
applicant or otherwise made part of the record, that:
(1) The new or modified source for which the permit is re-
quested will operate in accordance with applicable
regulations.
(2) Such new or modified source will operate without pre-
venting or interfering with the attainment or mainte-
nance of applicable federal national ambient air
quality standards.
(3) Such new or modified source incorporates the best
available control technology.
(4) Such new or modified source contains:
(i) Sampling ports of a size, number and location as
the Commissioner may reasonably require.
(ii) Safe access to each port.
(iii) Such instrumentation to monitor and record emis-
sion data as is required by these regulations;
and
(iv) Such other sampling and testing facilities as the
Commissioner may reasonably require.
(5) Such new or modified source will not result in deteriora-
tion of air quality in 1975 or later in any region or
subregion of the state.
(d) Action on Applications for Construction Permits.
(1) Except where a public hearing is held under subsection
(j) (4), the Commissioner shall inform an applicant for
a construction permit of the decision approving, denying
or conditionally approving the application within sixty
(60) days of the receipt of the application. The
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Commissioner may, on notice to the applicant, extend the
time for acting on the application an additional sixty
(60) days. An application will not be deemed to have
been received by the Commissioner until all papers and
documents required in support of the application have
been submitted in proper form. The Commissioner must
act within 120 days.
(2) When a public hearing is held under subsection (j) (4)
on an application for a construction permit, the Com-
missioner shall inform the applicant of his decision on
the application within thirty (30) days following
receipt of the record of the hearings.
(3) The Commissioner shall briefly set forth in any notice
of approval, conditional approval, or denial, the basis
for his determination.
(4) The Commissioner may impose any reasonable conditions
upon an approval to construct or modify.
(e) Cancellation of Construction Permits.
(1) The Commissioner may cancel or modify a construction
permit if:
(i) Construction or modification authorized by the
permit is not begun within one year from the
date of issuance or such other period as is
allowed by the permit; or
(ii) During construction or modification, work is
suspended for one year; or
(iii) Prior to commencement of construction or modifi-
cation, significantly more effective control
measures become available, or more stringent
emission standards are adopted.
(iv) He determines that any provision of subsection
(c) has not been or is not being met.
(f) Permits to Operate.
(1) No person shall operate or cause the operation of a new
or modified source without first obtaining a permit to
operate from the Commissioner in accordance with the
requirements of this section. No separate application
shall be required under this section except for those
sources subject to the provisions of subsections (g) (5)
and (g) (6).
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(2) Prior to issuance of a permit to operate, the Commissioner
may require the owner or operator of a new or modified
source to provide such additional information as he deems
necessary and as has not already been included in the
application for a construction permit or submitted
during the course of construction.
(g) Standards for Granting Permits to Operate.
(1) The Commissioner may impose reasonable conditions on
any permit to operate, including due diligence in opera-
tion and maintenance.
(2) The Commissioner shall grant a permit to operate a point
source subject to the provisions of subsections (f) (1),
(g) (5), or (g) (6) if he determines that:
(i) The source is in compliance with applicable
regulations.
(ii) The source operates without preventing or inter-
fering with the attainment or maintenance of
applicable federal national ambient air quality
standards.
(iii) The source is equipped with instrumentation to
monitor and record emission data or other infor-
mation about the operation of source which
satisfies the requirements of Regulation 19-508-4.
(tv) The new or modified source has been constructed
in accordance with and meets the requirements,
standards and conditions set forth in the con-
struction permit.
(v) Performance tests conducted at the owner's or
operator's expense, in accordance with methods
prescribed by the Commissioner or his duly
authorized representative and with his observation
and participation if he so requires, demonstrate
that the new or modified source has in fact met
the requirements, standards and conditions of the
construction permit, is in compliance with appli-
cable regulations, and that the owner or opera-
tor of the source verifies the results in a form
satisfactory to the Commissioner.
(vi) An emergency abatement or standby plan, where
required, has been submitted for the source and
approved by the Commissioner.
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(3) In circumstances where reliable performance tests
must be conducted during actual operations, the Com-
missioner may issue a conditional permit to commence
operations for a period not to exceed sixty days. For
good cause shown, the period may be extended by the
Commissioner for any additional period required. Prior
to expiration of the time covered by the conditional
permit, the Commissioner shall notify the owner or
operator in writing of his approval, conditional ap-
proval, or denial of the point source permit to operate
and the reasons therefor.
(4) Operating permits shall be renewed every five years,
unless issued for a shorter period.
(5) Application for the renewal of operating permits must
be made at least 120 days prior to the expiration of
the existing operating permit.
(6) Except as specified under subsection (9), no person
shall operate or cause the operation of a source, the
construction of which has commenced prior to June 1,
1972, but which will not begin operation prior to
October 1, 1972, without first having obtained a per-
mit to operate from the Commissioner in accordance
with the requirements of this regulation.
(7) Applications pursuant to subsection (g) (6) must-be
made at least 120 days prior to the start-up of
operations.
(h) Transfer of Permit to Operate.
The holder of a permit to operate may not transfer it without
prior written notification to the Commissioner. Each new
owner or operator or holder of the permit shall be responsible
for complying with all applicable regulations and with the
conditions of the permit.
(i) Denial, Revocation or Modification of Operating Permits.
(1) An operating permit may be denied, revoked or modified
for failure to comply with the terms of subsections
(9) (D and (g) (2).
(2) Notice of denial, revocation or modification of either
a construction or an operating permit shall set forth
the reasons for the action taken and shall be effective
thirty (30) days after the date of service of the notice,
unless a hearing is requested prior to the expiration
of the thirty (30) day period.
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(3) Any person considering himself aggrieved by the notice
of denial, revocation or modification may consider the
notice a written order of violation under Section 19-508-
12 (b) (2), and may obtain a hearing thereon by filing
a written answer and request for a hearing in accordance
with Section 19-508-12 (b) (5). Filing of the answer
and request for the hearing shall postpone the effective
date of the notice until conclusion of hearing and
issuance of the decision of the Commissioner.
(j) Public Information and Hearing Procedures.
(1) In all cases where there is a requirement of legal notice
the Commissioner shall cause the applicant to publish at
his own expense all notices of hearings and other notices
required by law.
(2) The Commissioner shall inform the public of:
(i) all permit applications received;
(ii) all pending operating permits subject to the
requirements of subsection (f) (1);
(iii) all decisions approving, denying, or condition-
ally approving any permit.
(3) While a decision is pending on a permit application, or
a permit to operate for sources subject to the provisions
of subsection (f) (1), any person may file a written
objection setting forth the basis thereof in detail with
the Department of Environmental Protection and opposing
the approval of the permit in its entirety or requesting
that specific conditions be attached to it. Objection
may be accompanied by a request for hearing.
(4) Following receipt of a request for a hearing according
to subsection (j) (3) or upon his own initiative, the
Commissioner may, prior to the issuance of the permit,
hold a public hearing. Following the close of the hear-
ing, the Commissioner shall make a decision based on
all available evidence, including the record of the
hearing and the recommendation of the hearing examiner,
as to whether to approve, deny, or conditionally approve
the permit. Notice of such decision shall be published
according to subsection (j) (2).
(5) Notwithstanding the provisions of subsection (j) (4),
a public hearing shall be mandatory for any application
subject to subsections (b) (1), (g) (5) or (g) (6) for a
source which the Department has reason to believe will
emit more than 100 tons of air pollutants annually.
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(k) No permit issued under this Regulation shall be effective
until the applicant or his duly authorized representative
shall have signed the permit, which signature shall constitute
an agreement to abide by the terms and conditions therein.
(9.0) Section 19-508-4
(13.0)
Source Monitoring, Record Keeping and Reporting
(a) The owner or operator of an air pollutant source shall install,
use and maintain monitoring equipment, sample emissions, estab-
lish and maintain records, and make periodic reports as pres-
cribed by the Commissioner from time to time by regulation.
(b) Continuous monitoring.
(1) Effective October 1, 1973, the owner or operator of the
following sources shall install, maintain and operate
continuously a photoelectric or other equally effective
smoke or opacity detector and recorder:
(i) Fuel-burning equipment burning No. 6 residual
oil or coal;
(ii) Other fuel-burning equipment burning liquid or
solid fuels having a maximum rated capacity of
more than five million (5,000,000) BTU per hour;
(iii) Incinerators having a maximum rated capacity in
excess of two thousand (2,000) pounds per hour;
(iv) A process source emitting in excess of twenty-
five (25) pounds per hour of particulate matter
when operated at maximum rated capacity.
(2) Effective April 1, 1973, the owner or operator of fuel-
burning sources described in subsections (b) (!) (i) and
(b) (1) (ii), when those sources burn only liquid or
solid fuel containing not in excess of one-half of one
percent (0.5 percent) sulfur (Dry Basis), shall monitor v
sulfur oxides emissions by satisfactory evidence of the
sulfur content and quantity of all fuels burned. Satis-
factory evidence of sulfur content of fuels shall be
determined by analysis procedures set forth in Section
19-508-5. Records of sulfur content and quantity of
fuels burned shall be kept current and be reported in
a manner and form and at intervals which the Commissioner
shall prescribe.
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(3) Effective April 1, 1973, the owner or operator of a
fuel-burning source burning fuel containing in excess
of one-half of one percent (0.5 percent) sulfur (Dry
Basis) shall monitor in accordance with the provisions
of Sections 19-508-19 (a) (3) and 19-508-19 (a) (6).
(4) In addition to the requirements of subsections (b) (1),
(b) (2) and (b) (3), the Commissioner may require
sources to monitor continuously their air pollutant
emissions where he determines that equipment and methods
for such monitoring are reasonably available. Where the
Commissioner determines that continuous monitoring of
air pollutant emissions is not reasonably available, he
may require monitoring or intermittent testing of such
sources in whatever reasonable manner he determines to
be necessary to demonstrate that the sources are in
compliance with applicable regulations.
(5) Nothing in subsection (b) (4) shall be construed as
requiring the installation or use of monitoring devices
or methods on any source for the purpose of determining
compliance with applicable regulations when such source
can be demonstrated, to the satisfaction of the Commis-
sioner, to be physically incapable of violating such
regulations.
(c) The owner or operator of a source emitting 100 tons per year
or more of pollutants shall be required to carry out an emission
test or tests as prescribed by the Commissioner, within twelve
months of the effective date of these regulations. Such test
or tests shall be repeated at least once every two years there-
after or at such intervals as the Commissioner may specify for
an individual source.
(d) Records and reports prescribed by the Commissioner concerning
air pollutants, fuels, and operational information shall be
recorded, compiled, and submitted on forms furnished or pres-
cribed by the Commissioner. Such records and reports shall
be signed or verified in writing by the corporate president,
or vice president reporting directly to the president, or
highest ranking corporate office or managing official with
offices located in the state; or by an equivalently respon-
sible officer in the case of organizations other than corpora-
tions. Such signature shall constitute personal affirmation
that such officer has exercised due diligence in verifying
the accuracy of the record or report and that, to the best
of his knowledge and belief, the record or report is true and
complete, complying fully with applicable state requirements.
Such signature shall subject the responsible official to
liability under these rules and regulations for false or mis-
leading statements.
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(1) Emissions shall be reported in units which shall be
specified by the Commissioner. Such units shall be in
the same form as the units of the emission standards
found in the applicable regulations (e.g. pounds per
million BTU gross heat input, pounds per pound of pro-
cess material, pounds per 1000 pounds of exhaust gas),
or in any other meaningful units specified by the
Commissioner.
(2) The Commissioner may require the submission of any
additional records or reports of monitoring data and
other information as he deems fit and necessary to ful-
fill the purposes and policies contained in these
regulations.
(e) All monitoring data required by the Commissioner shall be kept
current and in a form allowing easy inspection and shall be
retained by the source for a period of at least three years.
In order to allow meaningful correlation of the monitoring
data or other information with the applicable emission stand-
ards as set forth in these regulations, a summary of such
monitoring data and information shall be submitted by the
source to the Commissioner every three (3) months or at such
times and in a form to be prescribed by him.
(f) Equipment or methods for monitoring a source as may be required
pursuant to subsection (b) of this regulation shall be main-
tained in operation at any time that the source is in operation.
(1) No person shall deliberately shut down any monitoring
device or method required under these regulations while
the source being monitored is in operation or is emitting
air pollutants, except for necessary maintenance which
cannot be accomplished when the monitored source is not
in operation.
(2) In the case of deliberate shutdown or of breakdown or
failure of any monitoring device or method during which
time the source will be in operation, all reasonable
measures shall be taken to assure resumption of monitor-
ing as soon as possible. In the event such shutdown of
monitoring equipment is expected, or may reasonably be
expected, to continue for longer than 72 hours, and if
the source is to be operated at any time during that
period, the Commissioner shall be promptly notified in
writing. Such notification shall specify the steps being
taken to restore monitoring, the expected duration of
the monitoring shutdown, and the length of time that the'
source will be in operation during the shutdown.
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(3) Failure of £ny monitoring equipment in no way relieves
the owner or operator of any emission source from the
responsibility to comply with applicable air pollutant
emission regulations or standards.
(g) The Commissioner or his designated agent, upon presentation of
his credentials,
(1) may enter at all reasonable times upon any public or
private property, except a private residence, for the
purpose of inspection and investigation to ascertain
possible violations of these regulations, in accordance
with constitutional limitations;
(2) may at reasonable times have access to records and may
obtain copies thereof; and
(3) may at any reasonable time inspect any monitoring equip-
ment or method and sample any emissions.
(h) It shall be a violation of these regulations to adjust any
monitoring device or method so as to falsify its readings or
results.
(i) If the Commissioner has reason to believe that any emission
standard is being exceeded or that any regulation is being
violated, he may require such tests as he deems necessary to
demonstrate compliance.
(9.0) Section 19-508-5
(13.0)
Methods for Sampling, Testing, Record Keeping and Reporting
(a) All sampling, testing, record keeping and reporting shall be
done in accordance with procedures prescribed by the Commis-
sioner from time to time by regulation.
(b) Sampling and Testing Methods.
(1) Analysis for the sulfur content of liquid fuels shall be
done according to the American Society for Testing and
Materials methods D 1551-68, or D 129-64, or D 1552-64.
(2) Analysis for sulfur content of solid fuel shall be done
according to the American Society for Testing and Mate-
rials methods:
(i) Mechanical sampling by method D 22 34065
(ii) Sample preparation by method D 2013-65
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(ill) Sample analysis by method 271-68
(3) The testing method for sulfur dioxide emissions from
stationary sources shall be that specified as Method 6
in the Federal Register of December 23, 1971, p. 24890.
(4) The 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 the Federal Register of
December 23, 1971, p. 24893. .
(5) The testing method for particulate emissions from all
stationary sources except existing incinerators shall
be that specified as Method 5 in the Federal Register
of December 23, 1971, p. 24888.
(6) The testing method for particulate emissions from exist-
ing incinerators shall be those specified as the American
Society of Mechanical Engineers Test Code for Dust Sepa-
rating Apparatus, PTC 21-1941, the ASME Test Code for
Determining Dust Concentration in Gas Stream, PTC 27-1957,
and the Los Angeles County Source Testing Manual.
(7) The testing method for organic compound emissions shall
be that specified in the Federal Register of April 30,
1971, Appendix E, p. 8198"] This method shall be used in
conjunction with a heated sampling probe as specified in
Section 2.2.1 of Method 6 in the Federal Register of
December 23, 1971, p. 24890.
(8) The testing method for nitrogen oxide emissions from
stationary sources shall be that specified as Method 7
in the Federal Register of December 23, 1971, p 24891.
(c) All tests shall be made under the direction of persons quali-
fied by training or experience in the field of monitoring air
pollution sources.
(d) Sampling and Testing Methods as specified in subsection (b)
may be modified or adjusted with the approval of the Commis-
sioner as required by the specific sampling conditions or needs
based upon good practice, judgment and experience.
(e) The Commissioner may require the owner or operator of any air
pollution source to conduct tests of emissions. Such tests
shall be conducted in a manner satisfactory to the Commissioner
and shall be conducted at the expense of the owner or operator,
and the Commissioner or his representative shall be entitled
to be present to observe the tests, including initial sampling,
subsequent laboratory analysis, or any other related procedures.
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(f) Record keeping and reporting shall be in a form specified by
regulation for sources required to monitor under Section 19-
508-4.
(1) Records of continuous monitoring data shall show hourly.
daily, weekly, monthly and annual averages. Reports of
continuous monitoring data shall be submitted to the
Commissioner every three (3) months and shall include
daily, weekly, and monthly averages of emissions calcu-
lated from such data, the relation of the emissions with
the appropriate emission regulations, and a list of the
hours and dates, if any, that the source exceeded the
applicable standards and the levels reached.
(2) Records of intermittent sampling data or other data
which the Commissioner may require according to Section
19-508-4 shall be recorded according to such form as the
Commissioner shall prescribe.
(3) Fuel-burning sources shall keep records of the quantity
and sulfur content of all liquid and solid fuels deliver-
ed. In addition, fuel-burning sources with a fuel storage
capacity in excess of two million (2,000,000) gallons
shall keep records of monthly fuel use. New sources with
a maximum rated gross heat input rate in excess of 250
million BTU's per hour shall keep records of fuel sulfur
content based on daily analysis. A summary report of
data required in this subsection will be submitted to
the Commissioner every six (6) months and will be on
forms, or in a form, prescribed by the Commissioner.
(8.0) Section 19-508-6
Air Pollution Emergency Episode Procedures
(a) When a stagnation advisory has been received from the National
Weather Service by the Commissioner, he shall prepare for the
establishment of an appropriate emergency stage.
(b) Emergency Criteria.
In determining any stage of an air pollution emergency to
exist, the Commissioner shall be guided by the following
criteria:
(1) 1st Stage: Advisory of Threatening Atmospheric Conditions
A first-stage emergency ("Advisory of Threatening Atmos-
pheric Conditions.") will be declared when a stagnation
advisory is received from the National Weather Service
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and pollutant concentrations snow a rising trend.
(2) 2nd Stage: Air Pollution Alert.
An air pollution alert shall be declared whenever the
concentration of one or more of the pollutants listed
below reaches the described level at any monitoring
site:
S02 - 800 ug./m3 (0.3 p.p.m.), 24 hour average.
Particulate - 3.0 COHs or 375 ug./m3,
24- hour average.
and particulate combined - product of
S02 p.p.m., 24-hour average, and COHs equal
to 0.2 or product of SOg - ug./m3, 24-hour
average, and particulate ug./m3, 24-hour
average equal to 65 x 103.
CO - 17 mg./m3 (15 p.p.m.), 8-hour average.
Oxidant (03) - 200 ug./m3 (9.1 p.p.m.) -
1-hour average.
N02 - 1130 ug./m3 (0.6 p.p.m.), 1-hour average,
282 ug./m3 (0.15 p.p.m.), 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 or such other
length of time determined by the Commissioner to con-
stitute a threat to the safety and welfare of people.
(3) Third State: Air Pollution Warning.
An air pollution warning shall be declared whenever
evidence shows that air quality is continuing to degrade
from the 1st stage alert and any one of the following
levels is reached at any monitoring site:
S02 - 1,600 ug./m3 (0.6 p.p.m.), 24-hour average.
Particulate - 5.0 COHs or 625 ug./m3, 24-hour
average.
S02 and particulate combined - product of S02
p.p.m., 24-hour average and COHs equal to
.8 or product of S02 ug./m3, 24-hour average
and particulate ug./m3, 24-hour average equal
to 261 x 103.
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CO - 34 mg./m3 (30 p. p.m.), 8-hour average.
Oxidant (02) - 800 ug./m3 (0.4 p. p.m.), 1-hour
average.
N02 - 2,260 ug./m3 (1.2 p. p.m.), 1-hour average;
565 ug./m3 (0.3 p. p.m.), 24-hour average,
and meteorological conditions are such that 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 or such other
length of time determined by the Commissioner to consti-
tute a threat to the safety and welfare of people.
(4) Fourth Stage: Extreme Emergency.
An extreme emergency shall be declared whenever evidence
shows that air quality has degraded to a level deemed
unacceptable by the Commissioner under any circumstances
and requiring the most stringent control actions. An
extreme emergency will automatically be declared when
any one of the following levels is reached at any moni-
toring site:
S02 - 2,100 ug./m3 (0.8 p. p.m.), 24-hour average.
Particulate - 7.0 COHs or 875 ug./m3, 24-hour
average.
S02 and parti cul ate combined - product of
p. p.m., 24-hour average and COHs equal to 1.2
or product of S02 ug./m3, 24-hour average and
parti cul ate ug./m3, 24-hour average equal to
393 x 103.
CO - 46 mg./m3 (40 p. p.m.), 8-hour average.
Oxidant (03) - 1,200 ug./m3 (0.6 p. p.m.), 1-hour
average.
N02 - 3,000 ug./m3 (1.6 p. p.m.), 1-hour average;
750 ug./m3 (0.4 p. p.m.), 24-hour average,
and meteorological conditions are such that this condi-
tion can be expected to continue for twelve (12) or more
hours or such other length of time determined by the
Commissioner to justify the extreme emergency.
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(5) Termination.
Once any stage of an air pollution emergency has been
declared, it shall remain in effect until the Commis-
sioner shall announce its termination. At such time,
the next lower stage shall take effect.
(c) Plans of Action at Each Stage of Emergency.
(1) 1st Stage: Advisory of Threatening Atmospheric
Conditions.
Whenever the Commissioner issues a 1st stage advisory of
threatening atmospheric conditions, all open burning
shall cease (except as authorized by the Commissioner in
writing to safeguard public health and safety), and in-
cinerator operations shall be limited as he may pres-
cribe. Additionally, persons responsible for the opera-
tion of a source of air pollution shall immediately put
into effect the preplanned abatement strategies referred
to in subsections (d) (1) and (d) (2), for the 1st stage
advisory; and shall commence preparations for advancing
into all phases of the 2nd stage alert as set forth in
Table I.
(2) 2nd Stage Air Pollution Alert.
Whenever the Commissioner declares a 2nd stage air
pollution alert, persons responsible for the operation
of a source of air pollution as set forth in Table I
shall as rapidly as possible take all required steps
for pollution reduction and shall put into effect the
preplanned abatement strategy for a 2nd stage alert.
TABLE I
Steps For Air Pollution Reduction
at 2nd Stage Alert
1. There shall be no open burning, except as authorized by the
Commissioner in writing to safeguard public health and
safety.
2. The use of incinerators for the disposal of any form of solid
waste shall be limited to the hours between 12 noon and 4 p.m.
3. Boiler lancing or soot blowing required for fuel burning equip-
ment shall be performed only between the hours of 12 noon and
4 p.m.
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Table I (continued)
4. All unessential operation of motor vehicles shall be termi-
nated.
Any person responsible for the operation of a source of air
pollution listed below shall take all described control actions
for this 2nd stage alert.
1.
Source of Air Pollution
Coal or oil-fired electric
power generating facilities.
2.
Coal and oil-fired process
steam generating facilities.
Control Action
a. Substantial reduction by
utilization of fuels having
low ash and sulfur content,
as set forth in standby
plans.
b. Maximum utilization of mid-
day (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing and soot
blowing.
c. Substantial reduction by
diverting electric power
generation to facilities
outside of Alert Area, as
set forth in standby plans.
a. Substantial reduction by
utilization of fuels having
low ash and sulfur content,
as set forth in standby
plans.
b. Maximum utilization of mid-
day (12 noon to 4 p.m.) at-
mospheric turbulence for
boiler lancing and soot
blowing.
c. Substantial reduction of
steam load demands consis-
tent with continuing plant
operations, as set forth
in standby plans.
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Table I (continued)
Source of Air Pollution
3. Manufacturing industries
of the following classifica-
tions:
Primary Metals Industry.
Petroleum Refining Operation.
Chemical Industries.
Mineral Processing Industries.
Paper and Allied Industries.
Grain Industry.
Control Action
a. Substantial reduction of air
pollutants from manufacturing
operations by curtailing,
postponing, or deferring pro-
duction and other operations,
as set forth in standby plans.
b. Maximum reduction by defer-
ring trade waste disposal
operations which emit solid
particles, gas vapors or
malodorous substances.
c. Maximum reduction of heat
load demands for processing.
d. Maximum utilization of mid-
day (12 noon to 4 p.m.) at-
mospheric turbulence for
boiler lancing or soot
blowing.
(c) (3) Third Stage Air Pollution Warning.
Whenever the Commissioner declares a 3rd stage air pollu-
tion warning, persons responsible for the operation of
a source of air pollution as set forth in Table II shall
as rapidly as possible take all required steps for pol-
lution reduction and shall put into effect the preplanned
abatement strategy for a 3rd stage warning.
TABLE II
Steps for Air Pollution Reduction
at 3rd Stage Warning
1. There shall be no open burning except as authorized by the Com-
missioner in writing to safeguard public health and safety.
2. The use of incinerators for the disposal of any form of solid
waste or liquid waste shall be prohibited.
.-25-
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Table II (continued)
3. Boiler lancing or soot blowing required for fuel burning equip-
ment shall be performed only between the hours of 12 noon and
4 p.m.
4. All private non-commercial motor vehicle operations shall cease
except where absolutely essential for necessities of life includ-
ing medical treatment. Driving to and from work in private
vehicles shall be prohibited except where no alternative public
transportation of any kind exists, and then use of car pools shall
be mandatory. Police, toll booth operators and other government
officials shall be requested to verify justification for private
motor vehicle use during 3rd stage warning. Commercial vehicle
operations shall be reduced to the absolute minimum necessary
to transport necessities and provide for public safety and
welfare.
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Warning
Level.
1.
Source of Air Pollution
Coal or oil-fired power
generating facilities.
2.
Coal and oil-fired process
steam generating facilities,
Control Action
a. Maximum reduction by uti-
lization of fuels having
lowest ash and sulfur
content, as set forth in
standby plans.
b. Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing and soot
blowing.
c. Maximum reduction by divert-
ing electric power genera-
tion to facilities outside
of Warning Area, as set
forth in standby plans.
a. Maximum reduction by uti-
lization of fuels having
the lowest available ash
and sulfur content, as set
forth in standby plans.
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Table II (continued)
Source of Air Pollution
3.
4.
Manufacturing industries
which require considerable
lead time for shut-down
including but not limited
to the following classifi-
cations:
Petroleum Refining.
Chemical Industries.
Primary Metals Industries.
Glass Industries.
Paper and Allied Products
Manufacturing industries
requiring relatively short
lead time for shut-down
including but not limited
to the following classifi-
cations:
Primary Metals Industries
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
Control Action
b. Maximum utilization of mid-
day (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing and soot
blowing.
c. Substantial reduction of
steam load demands, as set
forth in standby plans.
a. Maximum reduction of air
pollutants from manufactur-
ing and other operations,
as set forth in standby plans.
b. Maximum reduction by defer-
ring trade waste disposal
operations which emit solid
particles, gases, vapors, or
malodorous substances.
c. Maximum reduction of heat
load demands for processing
as set forth in standby plans.
d. Maximum utilization of mid-
day (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing or soot
blowing.
a. Elimination of air pollutants
from manufacturing operations
by ceasing, curtailing, post-
poning or deferring produc-
tion and allied operations
to the extent possible as
set forth in standby plans.
b. Elimination of air pollutants
from trade waste disposal
processes which emit solid
particles, gases, vapors or
malodorous substances.
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Table II (continued)
Source of Air Pollution Control Action
c. Maximum reduction of heat
load demands for processing,
as set forth in standby plans.
d. Maximum utilization of mid-
day (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing or soot
blowing.
(c) (4) 4th Stage Extreme Emergency.
Whenever the Commissioner declares a fourth stage ex-
treme emergency, persons responsible for the operation
of a source of air pollution as set forth in able III
shall immediately take all required steps for pollu-
tion reduction and shall put into effect the preplanned
abatement strategy for a 4th stage extreme emergency.
TABLE III
Steps for Air Pollution Reduction
at 4th Stage Extreme Emergency
1. There shall be no open burning, except as authorized by the
Commissioner in writing to safeguard public health and safety.
2. The use of incinerators for the disposal of any form of solid
or liquid wate shall be prohibited.
3. All enterprises and activities described below shall immediately
cease operations:
a. Mining and quarrying.
b. All construction work except that essential to secure sites
against.endangering life and limb.
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Table III (continued)
c. All manufacturing establishments except those involved in
combatting the air pollution emergency in accordance with
preplanned abatement strategies.
d. All wholesale trade establishments, i.e., places of busi-
ness primarily engaged in selling merchandise to retailers,
.or industrial, commercial, institutional or professional
users, or to other wholesalers, or acting as agents in buying
merchandise for or selling merchandise to such persons or
companies, except those engaged in the distribution of drugs,
surgical supplies and food.
e. All state and local government offices except those neces-
sary for public safety and welfare, including any involved
in combatting the air pollution emergency.
f. All retail trade establishments except pharmacies, surgical
supply distributors, and stores primarily engaged in the
sale of food.
g. Banks, credit agencies other than banks, securities and
commodities brokers, dealers, exchanges and services;
offices of insurance carriers, agents and brokers, real
estate offices.
h. Wholesale and retail laundries, laundry services and clean-
ing and dyeing establishments; photographic studies; beauty
shops, barber shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment
and collection agencies; duplicating, addressing, blueprint-
ing; photocopying, mailing, mailing list and stenographic
services; equipment rental services, commercial testing
laboratories.
j. Automobile repair and servicing and all parking and garage
operations.
k. All office, clerical and professional service enterprises
including law and accounting offices but excluding doctors'
offices and medical laboratories.
1. All schools of any kind.
m. Establishments rendering amusement and recreational services
including motion picture theaters.
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Table III (continued)
4. All commercial, manufacturing or service establishments not
shut down by this regulation shall institute such actions as
will result in maximum reduction of air pollutants from their
activities by ceasing, curtailing, or postponing operations
which emit air pollutants to the extent possible without
causing injury to persons or damage to equipment.
5. The use of motor vehicles of any kind shall cease except in
emergencies with the express approval of local or state police,
Any person responsible for the operation of a source of air pollu-
tion listed below shall take all required control actions for. this
4th stage all-out emergency.
1.
Source of Air Pollution
Coal or oil-fired electric
power generating facilities.
2.
Coal and oil-fired process
steam generating facilities
to the extent not prohibited
in paragraph 3 (a-m) above.
Control Action
a. Maximum reduction by
utilization of fuels having
lowest ash and sulfur con-
tent, as set forth in
standby plans.
b. Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing or soot
blowing.
c. Maximum reduction by divert-
ing electric power generation
to facilities outside of
Emergency Area, as set forth
in standby plans.
d. Imposition of coal reduction
procedures to extent neces-
sary.
a. Maximum reduction by reduc-
ing heat and steam demands
to absolute necessities con-
sistent with preventing
equipment damage, as set
forth in standby plans.
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Table III (continued)
Source of Air Pollution
3. Manufacturing industries
of the following classi-
fications:
Primary Metals Industries.
Petroleum Refining.
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
Paper and Allied Products.
Control Action
b. Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing and soot
blowing.
c. Maximum reduction of steam
load demands as set forth
in standby plans.
a. Elimination of air pollu-
tants from manufacturing
operations by ceasing, cur-
tailing, postponing or
deferring production and
allied operations to the
extent possible without
causing injury to persons
or damage to equipment.
b. Elimination of air pollu-
tants from trade waste dis-
posal processes which emit
solid particles, gases,
vapors or malodorous sub-
stances.
c. Maximum reduction of heat
load demands for processing.
d. Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence for
boiler lancing or soot
blowing.
(d) Preplanned Abatement Strategies.
(1) Any person responsible for the operation of a source of
air pollutants as shown in Tables I - III, or any other
person operating a source that emits 100 tons or more
of pollutants a year shall prepare a standby plan for
reducing the emission of air pollutants during each of
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the four stages of an air pollution emergency, i.e.,
1st Stage Advisory; 2nd Stage Alert; 3rd Stage Warning;
4th Stage Extreme Emergency. Standby plans shall be
designed to reduce or eliminate emission of air pollu-
tants in accordance with the requirements set forth in
Table I - III.
(2) Any person responsible for the operation of a source of
air pollutants not set forth under subsection (d) (1)
shall, when requested by the Commissioner, prepare stand-
by plans for reducing the emissions of air pollutants
during each of the four stages of an air pollution emer-
gency. Such standby plans shall be designed to reduce
or eliminate emissions of air pollutants in accordance
with the requirements set forth in Tables I - III.
(3) All standby plans shall be in writing, identify the
source of air pollutants, contain a commitment as to the
amount of reduction to be achieved, and set forth in
sufficient detail for the Commissioner to evaluate the
manner in which the reduction will be accomplished.
(4) During any period of Air Pollution Advisory, Alert, Warn-
ing, or Extreme Emergency, standby plans shall be made
available on the premises to persons authorized to enforce
these regulations.
(5) The standby plans required by subsection (d) (1) shall
be submitted to the Commissioner by August 1, 1972.
Standby plans requested by the Commissioner under sub-
section (d) (2), shall be submitted within 90 days of
the date of receipt of the request. When in the judg-
ment of the Commissioner a standby plan is not adequate
to carry out the objectives set forth in Tables I - III,
he may reject the plan and require that it be resubmit-
ted in an acceptable form within 30 days from the date
of rejection.
(e) Declaration of Air Pollution Emergency In Aid of Sister State.
Notwithstanding that the concentration of pollutants in the
air over the State of Connecticut does not meet the criteria
set forth in subsection (b) (1) to (b) (4) above for any stage
of an air pollution emergency, the Commissioner may neverthe-
less declare such emergency to be in effect at the stage level
he deems appropriate when it becomes necessary to reduce the
level of air pollutants in Connecticut to avoid intensifying
deteriorated air conditions in one or more areas outside the
state that are endangering the health and welfare of residents
in those areas.
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(f) Emissions from a Limited Number of Sources.
Whenever the Commissioner determines that a specified emer-
gency criteria level has been reached in a limited area, he
may restrict the response to such emergency in the manner he
deems appropriate, including notification to those sources
contributing or believed to be contributing to the emergency
levels that the abatement actions of Tables I, II, or III,
as the case may be, are required and shall be put into effect
until the pollution is reduced below the criteria levels.
(7.0) Section 19-508-7
(13.0)
Malfunction of Control Equipment; Reporting
(a) Equipment or methods which control air pollutant emissions
from a source and which are necessary to the operation of such
source in compliance with applicable emission standards and
regulations shall be maintained in operation at all times that
the source is in operation or is emitting air pollutants.
(b) No person shall deliberately shut down any such control equip-
ment or method while the source is in operation except for
such necessary maintenance as cannot be accomplished when the
source itself is not in operation and is not emitting air
pollutants.
(c) In the case of breakdown, failure, or deliberate shutdown of
any control equipment or method during which time the source
will be in operation, all reasonable measures shall be taken
to assure resumption of control as soon as possible. Due
diligence shall be exercised to minimize emissions while the
control equipment or method is inoperative. In the event such
shutdown of control equipment or methods is expected or may
reasonably be expected to continue for longer than 72 hours,
and if the source is to be operated at any time during that
period, the Commissioner shall be notified promptly. Such
notice shall include, but is not limited to the following:
(1) Identification of the specific facility taken out, or
to be taken out, of service as well as its location and,
where applicable, registration or permit number.
(2) The expected length of time that the air pollution
control equipment will be out of service.
(3) The nature and quantity of emissions of air pollutants
likely to be emitted during the shutdown period.
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(4) Measures such as the use of off-shift labor and equip-
ment that will be taken to minimize the length of the
shutdown period.
(5) The reasons that it would be impossible or impractical
to shut down the source operation during the maintenance
period.
(d) The Commissioner may attach conditions to the operation of the
source during the period of shutdown or breakdown.
(6.0) Section 19-508-8
Compliance Schedule
(a) All new sources must comply with all regulations as of startup
of operation.
(b) (1) Existing sources must comply with Sections 19-508-17 (b),
19-508-18 (b), 19-508-18 (d) and 19-508-23 (a), by
June 1, 1972.
(2) Existing sources must comply with Sections 19-508-18 (a),
19-508-18 (c), 19-508-18 (e), 19-508-18 (f), 19-508-19
(b) through (f) inclusive, 19-508-20 (a) through (e)
inclusive, Sections 19-508-20 (f) (1), 19-508-20 (f) (2),
19-508-20 (f) (3), 19-508-20 (f) (5), 19-508-20 (f) (6),
19-508-20 (f) (7), 19-508-21 (a) and (b), and 19-508-22
(a) through (c) inclusive,'as expeditiously as practi-
cable but not later than June 1, 1973.
(3) Sources subject to Section 19-508-20 (f) (4) must submit
to the Commissioner a proposed compliance plan and sche-
dule 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 Section 19-508-19 (a) (2)
by September 1, 1972, and fuel users must comply with
Section by April 1, 1973.
(5) Paint merchants must comply with Section 19-508-20 (g) (1)
by January 1, 1974 and paint users must comply with
Section 19-508-20 (g) (2) and (g) (3) by January 1, 1975.
(6) Exemptions specified in Section 19-508-20 (i) (1) will
terminate January 1, 1975.
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(7) Sources subject to the provisions of Sections 19-508-4
(b) (1) through (b) (3) must comply by April 1, 1973.
(c) Any existing source required to comply with subsection (b) (2)
which is unable to comply by the date specified therein must
submit to the Commissioner a proposed compliance plan and
schedule by October 1, 1972, which plan must provide for
compliance with appropriate regulations as expeditiously as
practicable but not later than April 1, 1974.
(d) Compliance plans and schedules pursuant to subsection (b) (3)
and (c) must:
(1) be submitted on forms furnished or prescribed by the
Commissioner;
(2) set forth a proposed date for compliance with each
applicable regulation; and
(3) specify in detail the manner in which compliance will
be achieved. Said schedule shall also include dates
for achievement of increments of progress toward com-
pliance and provide for the source to verify completion
of each increment to the Commissioner as it is achieved.
(e) The Commissioner may approve, approve with conditions, or
disapprove a proposed compliance plan and schedule. The Com-
missioner shall approve such plan and schedule if he deter-
mines that:
(1) The source cannot comply with the regulation at any
earlier time even using the best available control
technology, or cannot install such technology any
earlier;
(2) Adherence to such plan and schedule will not jeopardize
the attainment or maintenance of a national standard by
the required time;
(3) The plan and schedule provide for the earliest possible
compliance by the source; and
(4) The plan and schedule provide for interim control mea-
sures to be taken before the compliance date.
(f) If the Commissioner rejects a proposed plan and schedule or
portion thereof, then the source or sources involved must be
in compliance with applicable regulations not later than
June 1, 1973.
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(g) All decisions of the Commissioner regarding a proposed plan
and schedule shall be in writing and shall briefly state the
basis for the decision.
(h) The Commissioner shall issue periodic reports at intervals of
not less than once a month, available on request to any inter-
ested party, which shall contain information regarding:
(1) proposed compliance schedules received; and
(2) determinations of the Commissioner regarding such
schedules.
(i) Following submission to the Commissioner of a proposed com-
pliance plan and schedule, any person may file written objec-
tions to the plan, in whole or in part, specifying the basis
for those objections. The Commissioner may, at his discretion
and after appropriate notice, hold public hearings upon pro-
posed compliance plans and schedules.
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COMPLIANCE SCHEDULE
CO
-xj
I
OPEN BURNING
Open Burning
PARTICULATE EMISSIONS
Fugitive Dust
Fuel Burning
Visible Emissions
Incineration
Process Industries
SULFUR COMPOUND EMISSIONS
Fuel Combustion
Non-Fuel Combustion
Section Number
17
18 (b)
18 (d)
18 (a)
18 (c)
18 (e), 18 (f)
19 (a)
19 (a) through (f)
Effective Date
of Compliance
Effective Date
of Compliance
Effective Date
of Compliance
6/1/72
6/1/72
. . . 6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/74)
.5% Requirements
Compliance Date for Sales . . 9/1/72
Compliance Date for Use ... 4/1/73
Effective Date
of Compliance
. . . 6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/74)
-------
Section Number
CO
I
ORGANIC COMPOUND EMISSIONS
Volatile Organic
Compounds, Pumps,
Waste Gas Disposal,
Organic Solvents
Hydrocarbon Emissions
20 (a) through (e),
(f) (1), (f) (2), (f) (3),
(f) (5), (f) (6), (f) (7),
(f) (8), (f) (9), (f) (10)
(20) (f) (4)
Architectural Coating
Exemption of Solvents
Cancellation
CARBON MONOXIDE EMISSIONS
(20) (g) (1)
(20) (g) (2)
and (3)
(20) (i) (1)
and (2)
(20) (i) (3)
(21) (a
(21) (b
Effective Date
of Compliance
Effective Date
of Compliance
. . . 6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/74)
Sale of Reactive Paints
or Thinner Compliance
Use of Reactive Paints
or Thinner Compliance
Effective Date
of Compliance
Effective Date
of Compliance
Effective Date
of Compliance
. . . 6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/75)
. . . 1/1/74
. . . 1/1/75
. . . 6/1/72
. . . 1/1/75
. . . 6/1/73 or
According to Approved
Plan (as expeditiously
as possible; not later
than 4/1/74)
-------
Section Number
NITROGEN OXIDE EMISSIONS
Fuel Burning
Non-Fuel Burning
Equipment
22 (a)
22 (b),
22 (c)
Effective Date
of Compliance
. . . 6/1/73 or
According to Approved
Plan (as expeditiously
as possible; not later
than 4/1/74)
ODORS
Odors
23 (a)
Effective Date
of Compliance
6/1/72
OJ
VD
I
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(2.0) Section 19-508-9
Prohibition of Air Pollution
(a) No person shall permit or cause air pollution, as defined in
Section 19-508-1 (b) of these regulations. This section
applies to air pollutants not otherwise covered by these
regulations.
(14.0) Section 19-508-10
Public Availability of Information
(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.
(2.0) Section 19-508-11
Prohibition Against Concealment or Circumvention
(a) No person shall install or cause the installation or use of
any device or any means which, without resulting in reduction
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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
19-508-23 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 19-508-23 or create a
nuisance.
(15.0) Section 19-508-12
Violations and Enforcement
(a) No person shall violate or cause the violation of any appli-
cable regulation.
(b) Remedies for Violations.
(1) The Commissioner shall designate employees of DEP to
be known as enforcement personnel, who shall, acting
with or without complaints, conduct investigations and
ascertain whether the Commissioner's regulations are
being complied with.
(2) Whenever the enforcement personnel determine that any
regulation promulgated by the Commissioner has been
violated or there has been a failure to comply there-
with, they shall make and serve upon the person or
persons responsible for the violations, or failure, a
written order specifying the nature of the violation
or failure, and affording a reasonable period of time
for its correction or remedying.
(3) Prior to the issuance of such order, the Enforcement
Personnel shall make reasonable effort in the light of
all circumstances to correct the violation or failure
of compliance by conference, conciliation and persuasion,
as required by statute.
(4) Unless the person or persons against whom an order has
been served files a written answer thereto with the
Commissioner, within thirty (30) days after the date
of service of the order, and requests a hearing thereon,
such order shall become final and effective. The
answer shall contain a clear and concise statement of
the reason or reasons, if any, that the order is claimed
to be invalid or insufficient and/or the manner in which
the persons filing the answer deem themselves aggrieved
by the order. Upon receipt of the answer and request
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for a hearing, the Commissioner shall schedule the hear-
ing as soon thereafter as is practical before himself or
a designated hearing officer to act in his place and
stead. The person designated to act as hearing officer
shall not have participated in any way in the investiga-
tion or other preliminary proceedings preceding the
issuance of the order specifying the violation. The
hearing shall be open to the public and shall be conduc-
ted in the manner provided by statute, to wit: Testimony
shall be under oath and recorded stenographically or by
a sound-recording device, but strict rules of evidence
of courts of law shall not be binding on the hearing
officer. True copies of the transcript and of any other
record made by or at such hearing shall be furnished a
party or any other person requesting them at their own
expense. During the course of a hearing, the hearing
officer may take appropriate measures to preserve the
confidentiality of trade secrets.
(5) Any person who receives a notice that a permit has been
denied, revoked or modified, or only conditionally
approved, may deem the notice a written order of violation
under subsection (b) (2) and file a written answer and
request for a hearing under subsection (b) (4).
(6) At the conclusion of a hearing held under subsection
(b) (4) or (b) (5) and after reviewing the hearing
record and the recommendation and report of the hearing
officer, if any, the Commissioner shall determine whe-
ther the person or persons against whom such order has
been issued is violating any regulation of the Commis-
sioner, or has failed to comply with a proper require-
ment, order, notice, ruling or directive duly issued,
or has improperly had a permit denied, revoked, or
modified, or conditionally approved, and he shall affirm,
modify, reverse or revoke the order, notice or other
action complained of as he shall in his discretion deter-
mine, and shall so notify such person or persons by
certified mail. Any information as to secret processes
or methods shall be kept confidential.
(c) Any person who violates an order of the Commissioner shall be
liable for a civil penalty not to exceed five thousand dollars
($5,000) per week commencing the 10th day after expiration of
the time fixed for the taking of preventive or corrective
measures, although the Commissioner in his discretion may
waive such accrual in whole or in part. The penalty may be
collected in a civil action in the manner provided by statute.
In addition, the Commissioner may institute a civil action in
any court of competent jurisdiction for injunctive relief to
prevent any further violations of an order.
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(d) Emergencies.
(1) Notwithstanding any other provision of these regulations,
if the Commissioner determines that an air pollution
emergency exists caused by adverse meteorological con-
ditions, such as an inversion or a stagnant high pres-
sure system, which requires immediate action to protect
public health or safety, he may order any person emit-
ting or responsible for the emission of air pollutants
or contaminants creating or contributing to the emer-
gency, to reduce or discontinue such actions immediately.
Upon the issuance of such order, the Commissioner shall
fix a place and time, not later than forty-eight hours
thereafter, for a hearing to be held before him or a
hearing officer designated by him. Not more than
twenty-four hours after the conclusion of such hearing,
and without adjournment thereof, the Commissioner shall
affirm, modify or set aside his order. Nothing contain-
ed in this regulation shall be deemed a waiver of the
Commissioner's powers to seek immediate injunctive
relief in the courts against a person responsible for
emission of pollutants in an emergency.
(2) Any person who violates an order issued during and/or
related to an air pollution emergency shall be liable
for a civil penalty of five thousand dollars ($5,000)
per week commencing with the date of notice to such
person of issuance of the order.
(e) Criminal Liability.
Any person who files any statement, record or report with the
Commissioner containing false or misleading information or
other claims shall be subject to criminal prosecution for a
Class A misdemeanor punishable by imprisonment for a period
of up to one year and a fine of up to one thousand dollars
($1,000) for each violation.
(5.0) Section 19-508-13
Variances
(a) Any person who owns or operates any source of air pollutants
as defined in Section 19-508-1 (a) may apply to the Commis-
sioner 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,
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(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, includ-
ing 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.
(b) Failure to supply all necessary information to enable the
Commissioner to make a determination regarding the application
shall be cause for rejection of the application.
(c) No variance shall be approved unless the applicant shall estab-
lish to the Commissioner's satisfaction that:
(1) discharges occurring during the period of variance will
not constitute a danger to public health or safety;
(2) compliance with the regulations would produce practical
difficulty or hardship without equal or greater benefits
to the public.
(d) In making a determination on granting a variance, the Commis-
sioner shall consider:
(1) the character and degree of injury to, or interference
with, safety, health, or the reasonable use of proper-
ty which is caused or threatened to be caused;
(2) the social and economic value of the activity for which
the variance is sought;
(3) the suitability or unsuitability of the activity to the
area in which it is located;
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(4) the impracticability, both scientific and economic, of
complying with the regulation from which the variance
is sought.
(e) The Commissioner shall not grant any variance that will pre-
vent or interfere with the attainment or maintenance of any
relevant ambient air quality standard.
(f) Applications for variances may be rejected as untimely if
received by the Department of Environmental Protection less
than 90 days prior to the date for compliance with the regu-
lation for which the variance is sought, or if notice of
violation of the regulation has been served in accordance
with Section 19-508-12 (b) (2).
(g) Following receipt and review of an application for a variance,
the Commissioner shall fix a date, time, and location for a
public hearing on such application.
(h) The Commissioner shall cause the applicant to publish at his
own expense all notices of hearings and other notices required
by law.
(i) Within sixty (60) days of the receipt of the record of the
hearing on a variance application, the Commissioner shall
issue his determination regarding such application. All such
decisions of the Commissioner shall be in writing and shall
briefly set forth the reasons for the decision.
(j) The Commissioner may, at his discretion, limit the duration
of any variance granted under these regulations, except that
no such variance may extend beyond three years.
(1) Any party holding a variance for three years and needing
an extension of time may apply for a new variance under
the provisions of these regulations.
(2) Any such application shall include a demonstration of
compliance with any conditions imposed by the previous
variance.
(k) The Commissioner may attach to any variance any reasonable
conditions he deems necessary or desirable, including but not
limited to:
(1) requirements for special control measures to be taken
by the source to minimize emissions during the period
of variance;
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(2) requirements for periodic reports submitted by the
applicant relating to emissions, to compliance with any
other conditions under which the variance is granted,
or to any other relevant information the Commissioner
deems necessary.
(1) (1) A variance may be revoked or modified for failure to
comply with such conditions as the Commissioner may have
attached to the original grant of a variance.
(2) Notice of revocation or modification shall set forth the
reasons for the action taken and shall be effective
thirty (30) days after the date of service of the notice,
unless a hearing is requested prior to the expiration of
the thirty (30) day period.
(3) Any person considering himself aggrieved by such notice
may consider the notice a written order of violation
under Section 19-508-12 (b) (2) and may obtain a hearing
thereon by filing a written answer and request for a
hearing in accordance with Section 19-508-12 (b) (4).
Filing of the answer and request for the hearing shall
postpone the effective date of the notice until conclu-
sion of hearing and issuance of the decision of the
Commissioner.
(2.0) Section 19-508-14
(50.7)
Compliance with Regulation No Defense to Nuisance Claim
(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.
(2.0) Section 19-508-15
Severability
(a) If any provision of these regulations or the application there-
of 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 applica-
tions thereof are declared to be severable.
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(2.0) Section 19-508-16
Responsibility to Comply with Applicable Regulations
(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.
(51.13) Section 19-508-17
Control of Open Burning
(a) No person shall ignite, cause to be ignited, permit to be
ignited, or maintain any open fire except as follows:
(1) Barbecues or other outdoor open fires for the cooking
of food for human consumption;
(2) Campfires, bonfires, and other fires for ceremonial
or recreational purposes;
(3) Fires to abate a fire hazard provided that the abate-
ment fire is controlled according to directions of a
responsible fire official;
(4) Fires in salamanders or other devices used by construc-
tion or other workers for heating purposes, provided
smoke is kept to a minimum and no nuisance is created;
and small fires kindled by contractors, which fires are
essential to street installation or paving activities,
the repairing of utilities, or other similar work.
(b) The following types of fires are allowed provided that a
written certificate has first been obtained from the Commis-
sioner or his designee;
(1) Fires for training personnel in methods of fighting
fires;
(2) Fires for the prevention or control of disease or pests;
(3) Fires for the prevention, control, or destruction of
agricultural diseases and pests, and agricultural burn-
ing for vegetation management;
(4) Fires for the disposal of dangerous materials where
there is no reasonable alternative method of disposal;
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(5) Any other fires which the Commissioner determines are
necessary to thwart or prevent a hazard which cannot be
properly managed by any other means or are necessary
for the protection of public health.
(c) A certificate given under Section 19-508-17 (b) shall be
applicable only for the occasion or the circumstance for which
it is obtained, and a new certificate shall be required for
all open burning not sanctioned by an existing certificate.
(d) Certificates approved under Section 19-508-17 (b) shall be
subject to such reasonable conditions as are necessary to
avoid a nuisance or to protect the health, safety, or com-
fort of the public. The Commissioner or his designee shall
not issue a certificate under Section 19-508-17-(b) when he
determines that:
(1) A hazardous health condition will be created by such
burning; or
(2) A salvage operation by open burning will be conducted; or
(3) A practical and reasonably available alternative method
for the disposal of the material to be burned exists; or
(4) Such open burning would prevent the attainment or main-
tenance of a relevant ambient air quality standard.
(e) If the Commissioner declares an Advisory of Threatening Atmos-
pheric Condition, the first stage of an air pollution emergency
episode as set forth in Regulation 19-508-6 (b) (1), or any
other air pollution emergency episode stage, no person shall
ignite, cause to be ignited, permit to be ignited, or maintain
any open fire except as specifically provided by Regulation
19-508-6.
(50.1) Section 19-508-18
Control of Particulate Emissions
(a) Visible emissions.
(1) Visible emission restrictions for stationary sources.
(i) No person shall cause or permit the emission of
visible air pollutants of a shade or density equal
to or darker than that designated as 'No. 1 on the
Ringelmann chart or 20 percent opacity.
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(ii) A person may discharge air pollutants into the
atmosphere from any source of emission for a
period or periods aggregating not more than
5 minutes in any 60 minutes, provided that said
air pollutants are of a shade or density not
darker than No. 2 on the Ringelmann chart or
40 percent opacity..
(iii) Open burning conducted under provisions of
Section 19-508-17 shall not be subject to this
subsection.
(2) Visible emission restrictions for mobile sources.
(i) No person shall cause or permit the emission of
visible air pollutants from gasoline-powered
mobile sources for longer than five (5) conse-
cutive seconds.
(ii) No person shall cause or permit the emission of
clearly visible air pollutants (comparable to a
shade or density equal to or darker than No. 1
on the Ringelmann chart or 20 percent opacity)
from diesel powered motor vehicles for more than
ten (10) consecutive seconds, during which time
the maximum shade or density of emissions shall
be no darker than No. 2 on the Ringelmann chart
or 40 percent opacity.
(3) Exceptions for uncombined water.
Where the presence of uncombined water, such as water
vapor, is the only reason for the failure of an emis-
sion to meet the requirements of this regulation, then
the provisions of this regulation shall not apply.
(4) The following shall be exempt from the requirements of
subsection (a) (2):
(i) Antique automobiles over 30 years old;
(ii) Vehicles used exclusively for racing; and
(iii) Mobile sources in the process of being repaired.
(5) Emissions from stationary or idling mobile sources.
No mobile source engine shall be allowed to operate for
more than three (3) consecutive minutes when the mobile
source is not in motion except as follows:
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(i) When a mobile source is forced to remain motion-
less because of traffic conditions or mechanical
difficulties over which the operator has no
control;
(ii) When it is necessary to operate heating, cooling
or auxiliary equipment installed on the mobile
source when such equipment is necessary to accom-
plish the intended use of the mobile source;
(iii) To bring the mobile source to the manufacturer's
recommended operating temperature:
(iv) When the outdoor temperature is below twenty (20)
degrees Fahrenheit;
(v) When the mobile source is being repaired.
(6) Subsections (a) (2) and (a) (5) shall not apply to air-
craft, locomotives operating on rails, vessels for
transportation on water, lawnmowers, snowblowers, and
other small home appliances.
(b) Fugitive Dust.
(1) No person shall cause or permit any materials to be
handled, transported, or stored; or .a building, its
appurtenances, or a road to be used, constructed, alter-
ed, repaired or demolished without taking reasonable
precautions to prevent particulate matter from becoming
airborne. Such reasonable precautions shall be in
accordance with good industrial process as determined
by the Commissioner and shall include, but not be
limited to the following:
(i) Use, where possible, of water or chemicals for
control of dust in the demolition of existing
buildings or structures, construction operations,
the grading of roads or the clearing of land;
(ii) Application of asphalt, oil, water, suitable
chemicals or coverage on materials stockpiles
and other surfaces which can give rise to air-
borne dusts;
(iii) Installation and use of hoods, fans, and fabric
filters to enclose and vent the handling of dusty
materials. Adequate containment methods shall
be employed during sandblasting or other similar
operations;
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(iv) Covering, at all times when in motion, open-
bodied trucks and trains transporting materials
likely to give rise to airborne dusts;
(v) The prompt removal of earth or other material
from paved streets onto which earth or other
material has been transported by trucking or
earthmoving equipment, erosion by water, or
other means.
(2) Agricultural activities are exempt from the provisions
of subsection (b) (1). However, agricultural practices
such as tilling of land and application of fertilizers
shall be conducted in such manner as to minimize dust
from becoming airborne.
(3) No person shall cause or permit the discharge of visible
emissions beyond the lot line of the property on which
the emissions originate when:
(i) The emissions remain visible and exist near ground
level outside the property boundaries; or
(ii) The emissions remain visible and impinge on a
building or structure so that the health, safety,
or enjoyment of life or the public may be dimin-
ished.
(4) No particulate matter shall be emitted into the open air
in such a manner as to cause a nuisance.
(c) Incineration.
(1) Definitions.
The following terms as used in subsections (c) (1) to
(c) (6) inclusive, shall have the following meanings:
(i) "Incinerator" means any device, apparatus, equip-
ment 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 facili-
ties for cremating human or animal remains.
"Small incinerator" means an incinerator designed
and used to burn waste materials of types 0, 1, 2,
and 3 only, in all capacities not exceeding two
thousand pounds per hour of waste material input.
"Special incinerator" means an incinerator design-
ed and used to burn pathological waste type 4 or
trade waste types 5 and 6 of any burning capacity.
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Crematories are included in this category.
"Large incinerator" means an incinerator owned
or operated by any government or any person,
firm or corporation, designed and used to burn
waste materials generated by the public of any
and all types, 0 to 6 inclusive, with a burning
capacity in excess of two thousand pounds per
hour of waste material input.
(ii) "New incinerator" means an incinerator which is
a new source, as defined in Section 19-508-1 (r).
(iii) "Existing incinerator" means any incinerator
which is not a new source, as defined in Section
19-508-1 (r).
(iv) "Flue-fed incinerator" means an incinerator pro-
vided with a single flue which serves as both the
charging chute and the flue to transport products
of combustion to the atmosphere.
(v) "Liquid particulates" means particles which have
volume but are not of rigid shape and which upon
collection tend to coalesce and create uniform
homogeneous films upon the surface of the collect-
ing media.
(vi) "Solid particulates" means particles of rigid
shape and definite volume.
(vii) "Smoke" means and includes small gas-borne parti-
cles, excluding water vapor, arising from a pro-
cess of combustion in sufficient number to be
observable.
(viii) "Air pollution control equipment" means any device
which prevents or controls the emission of any
air contaminant.
(ix) "Type 0 waste" means trash, a mixture of highly
combustible waste such as paper, cardboard, car-
tons, wood boxes and combustible floor sweepings,
from commercial and industrial activities. The
mixture may contain up to ten percent by weight
of plastic bags, coated paper, laminated paper,
treated corrugated cardboard, oily rags and
plastic or rubber scraps. This type of waste
contains approximately ten percent moisture and
five percent incombustible solids and has a heat-
ing value of approximately eighty-five hundred
BTUs per pound as fired.
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(x) "Type 1 waste" means rubbish, a mixture of com-
bustible waste such as paper, cardboard cartons,
wood scrap, foliage and combustible floor sweep-
ings, from domestic, commercial and industrial
activities. The mixture may contain up to twenty
percent by weight of restaurant or cafeteria waste,
but contains little or no treated paper, plastic
or rubber wastes. This type of waste contains
approximately twenty-five percent moisture and
ten percent incombustible solids and has a heat-
ing value of approximately sixty-five hundred
BTU per pound as fired.
(xi) "Type 2 waste" means refuse, consisting of an
approximately even mixture of rubbish and garbage
by weight. This type of waste is common to apart-
ment and residential occupancy, consisting of up
to fifty percent moisture and approximately seven
percent incombustible solids, and has a heating
value of approximately forty-three hundred BTU
per pound as fired.
(xii) "Type 3 waste" means garbage, consisting of
animal and vegetable wastes from restaurants,
cafeterias, hotels, hospitals, markets and like
installations. This type of waste contains up to
seventy percent moisture and up to five percent
incombustible solids and has a heating value of
approximately twenty-five hundred BTU per pound
as fired.
(xiii) "Type 4 waste" means human and animal remains,
consisting of carcasses, organs and solid organic
wastes from hospitals, laboratories, abattoirs,
animal pounds and similar sources, consisting of
up to eighty-five percent moisture and approximate-
ly five percent incombustible solids and having a
heating value of approximately one thousand BTU
per pound as fired.
(xiv) "Type 5 waste" means by-product waste, gaseous,
liquid or semi-liquid, such as tar, paints, sol-
vents, sludge, fumes from industrial operations.
(xv) "Type 6 waste" means solid by-product waste, such
as rubber, plastics, wood waste from industrial
operations and all salvage operations.
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(2) Flue-fed incinerator.
No person shall construct, install, use or cause to be
used any new incinerator of the flue-fed type.
(3) Emission standards.
(i) Particulates.
No person shall construct, install, use or cause
to be used any new incinerator which will result
in particulate matter in the effluent in excess
of 0.08 gr/S.C.F. (0.18 gm/NM3) corrected to
12 percent C02, maximum 2-hour average.
No person shall use or cause to be used any exist-
ing incinerator which will emit more than four-
tenths pound of particulates per one thousand
pounds of flue gases adjusted to fifty percent
excess air.
(ii) All incinerators must comply with subsection
(a) (1) of this regulation.
(iii) Unburned waste and ash.
No person shall cause, suffer, allow or permit
the emission of particulates of unburned waste
or ash from any incinerator which are individually
large enough to be discernible by the human eye.
(iv) Odors.
No person shall construct, install, use or cause
to be used any incinerator which will result in
violations of Section 19-508-23.
(4) Operation.
(i) Approved operating procedures and rated burning
capacity of the incinerator shall be posted at
a convenient place as near as practical to the
point of operation.
(ii) No person shall use or cause to be used any
incinerator unless all components connected, or
attached to, or serving the incinerator which
affect air pollution are functioning properly
and are in use, in accordance with the permit to
construct and the certificate or permit to
operate.
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(5) (i) Emission tests shall be conducted at the maximum-
rated burning capacity of the incinerator.
(ii) The burning capacity of an incinerator shall be
the manufacturer's or designer's guaranteed maxi-
mum rate or such other rate as may be determined
by the Commissioner in accordance with good en-
gineering practices. In cases of conflict, the
determination made by the Commissioner shall
govern.
(iii) For the purposes of this regulation, the total of
the capacities of all furnaces within one system
shall be considered as the incinerator capacity.
(6) Exceptions.
The provisions of subsection (c) (1) to (c) (5) inclu-
sive, shall not apply to incinerators installed or used
in dwellings containing six or fewer family units.
(7) None of these regulations shall be construed to permit
the emission of hazardous materials defined and limited
by the Commissioner.
(d) Fuel-burning equipment.
(1) No person shall cause or permit the emission from fuel-
burning equipment of particulate matter in excess of
0.20 pounds per million BTU (0.36 gm/106 gm-cal) of heat
input for existing sources and 0.10 pounds per million
BTU (0.18 gm/106 gm/cal) of heat input for new sources.
(2) For purposes of this regulation, the heat input shall be
the aggregate heat content of all fuels whose product of
combustion pass through a stack or stacks. The heat
input value used shall be the equipment manufacturer's
or designer's guaranteed maximum input, whichever is
greater. The total heat input of all fuel burning units
on a plant or premises shall be used for determining the
maximum allowable amount of particulate matter which may
be emitted.
(3) Fuel-burning sources which, as of the effective date of
these regulations, have particulate control equipment
in place, must maintain such control equipment in proper
operation.
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(e) Process industries - general.
(1) No persons shall cause or permit the emission of particu-
late matter in any one hour from any source in excess of
the amount shown in Table 3-1 below for the process
weight rate allocated to such source, with the exception
of sources specified in subsection (f).
TABLE 3-1
Process
Height Rate
Ibs./hr.
50
100
500
1,000
5,000
10,000
20,000
Emission
Rate
Ibs./hr.
0.36
0.55
.53
.25
,34
.73
14.99
Process
Height Rate
Ibs./hr.
60,000
80,000
120,000
160,000
200,000
400,000
1,000,000
Emission
Rate
Ibs./hr.
29.60
31.19
33.28
34.85
36.11
40.35
46.72
(2) Interpolation of the data in Table 3-1 for the process
weight rates up to 60,000 Ibs./hr. shall be accomplished
by the use of the equation:
E = 3.59 pO.62 p equal to or less than 30 tons/hr.
and interpolation and extrapolation of the data for pro-
cess weight rates in excess of 60,000 Ibs./hr. shall be
accomplished by the use of the equation:
E = 17.31 P°-16 P greater than 30 tons/hr.
Where: E = Emissions in pounds per hour.
P = Process weight rate in tons per hour.
(3) For the purposes of this regulation, process weight per
hour is the total weight of all materials introduced into
any specific process that may cause any emission of par-
ticulate matter. Solid fuels charged will be considered
as part of the process weight, but liquid and gaseous
fuels and combustion air will not. For a cyclical or
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batch operation, the process weight per hour will be
derived by dividing the total process weight by the
number of hours in one complete operation from the
beginning of any given process to the completion thereof,
excluding any time during which the equipment is idle.
For a continuous operation, the process weight per hour
will be derived by dividing the process weight for a
typical period of time.
(4) Where the nature of any process or operation or the
design of any equipment is such as to permit more than
one interpretation of this regulation, the interpretation
that results in the minimum value for allowable emission
shall apply.
(5) For purposes of the regulation, the total process weight
from all similar process units at a plant or premises
shall be used for determining the maximum allowable
emission of particulate matter that passes through a
stack or stacks.
(6) For the purposes of this regulation, when any material
undergoes a series of operations which are capable of
of emitting particulate matter and which employ any com-
bination of machines, equipment, or other devices used
for processing the material either continuously or in
batches, the total process weight for the series of oper-
ations shall be the weight of materials introduced to the
series as a whole. Any material which is the product of
any operation in the series shall not be counted as part
of the process weight for any other operation in the
series.
(f) Process industries - specific.
(1) Emission standards (iron cupolas).
No person shall cause or allow the operation of any iron
foundry cupola unless such cupola is equipped with gas-
cleaning devices and so operated as to remove eighty-
five percent by weight of all particulate matter in the
cupola discharge gases, or to release not more than
eight-tenths of a pound of particulate matter per thou-
sand pounds of discharge gas, whichever is more stringent.
Gases, vapors and gas-entrained effluents from such
cupolas shall be incinerated at a minimum temperature of
1300 degrees Fahrenheit for a period of not less than
three-tenths of a second.
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(2) Emission standards (hot mix asphalt plants).
No person shall cause or allow the emission of particu-
late matter from hot mix asphalt plants in excess of
three-tenths of a pound per one thousand pounds of
discharge gas. In addition, the process must conform
to subsection (b) of this regulation.
(3) Emission standards (foundry sand).
No person shall cause or allow the operation of a foundry
sand process unless such process conforms to subsection
(b) of this regulation and is equipped with fugitive dust
control facilities with collection efficiency of at least
90 percent.
(4) Emission standards (concrete batching).
No person shall cause or allow the operation of a con-
crete batching process unless such process conforms to
subsection (b) of this regulation and is equipped with
fugitive dust control facilities with a collection effi-
ciency of 90 percent or 0.02 pounds per cubic yard of
concrete, whichever results in less emission.
(50.2) Section 19-508-19
Control of Sulfur Compound Emissions
(a) Fuel Combustion.
(1) Definitions.
As used in subsections (a) through (f) inclusive:
(i) "Fuel" means a substance containing combustibles
used for producing heat, light, power or energy;
(ii) "Combustible" means the heat-producing constituents
of a fuel;
(iii) "Combustion" means the rapid chemical combination
of oxygen with the combustible element of a fuel
resulting in the production of heat;
(iv) "Sulfur dioxide (SOe)" means a colorless gas at
standard conditions which has the molecular for-
mula S02;
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(v) "Sulfur oxides (SOX)" means any compound made
up only of sulfur and oxygen. For the purpose
of this regulation, concentrations of sulfur
oxides (S0y) will be calculated as sulfur dioxide
(S02);
(vi) "Stack" or "Chimney" means a flue, conduit or
opening permitting particulate or gaseous emission
into the open air, or constructed or arranged for
such purpose;
(vii) "Fuel merchant" means any person who offers for
sale or sells, transfers, or provides in retail
or wholesale trade, fuel, including agents, bro-
kers, wholesalers, distributors, or producers
who sell commercial or noncommercial fuel;
(viii) "Fuel user" means any person who stores or uti-
lizes commercial or noncommercial fuel for the
purpose of creating by combustion heat, light,
power, or energy.
(2) (i) No fuel merchant, except as provided in subsections
(a) (3) and (a) (4), shall store, offer for sale,
sell, make available, deliver for use or exchange
in trade for use in Connecticut, and no person
shall use or burn, fuel which contains sulfur in
excess of one percent (1.0 percent) by weight
(Dry Basis). After September 1, 1972, no fuel
merchant shall store, offer for sale, sell, make
available, deliver for use or exchange in trade
for use in Connecticut fuel which contains sulfur
in excess of one-half of one percent (0.5 percent)
by weight (Dry Basis), and after April 1, 1973,
no person shall use or burn fuel which contains
sulfur in excess of one-half of one percent
(0.5 percent) by weight (Dry Basis).
(ii) Under conditions of fuel shortage emergency, as
determined by the Commissioner, higher percentages
of sulfur may be permitted by express approval of
the Commissioner for temporary periods.
(3) Notwithstanding the provisions of subsection (a) (2),
the Commissioner may approve:
(i) combustion of a mixture of fuels, or
(ii) combustion of a single fuel, which contain(s) a
higher sulfur content than that specified by
subsection (a) (2), if the combustion of such
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fuel is combined with a stack-gas cleaning process
or its equivalent as approved in writing by the
Commissioner. No such stack-gas cleaning process,
or its equivalent, shall be approved unless the
total sulfur compound emissions (expressed as
sulfur dioxide) from the stack, chimney, flue,
and other vents to the ambient air do not exceed
0.55 pounds per million BTU gross heat input,
provided that any effluent from the approved
stack-gas cleaning process or its equivalent
which is discharged into State waters meets with
the prior approval of the Commissioner. The Com-
missioner may require such information or date
as is necessary to establish that total emissions
will not exceed the above limitations.
(4) In other than conditions of fuel shortage emergency des-
cribed under subsection (a) (2) (ii) above, fuel mer-
chants seeking to store, offer for sale, sell, deliver
for use or exchange in trade, for use in Connecticut,
and fuel users seeking to create by combustion heat,
light, power, or energy from fuels containing sulfur in
excess of the maximums set by subsection (a) (2) under
the conditions specified in subsection (a) (3) shall
obtain the prior approval of the Commissioner.
(5) The provisions of subsection (a) (1) through (a) (7)
inclusive, shall not apply to fuels used by ocean going
vessels.
(6) The Commissioner may require submission of fuel analyses
or results of stack sampling, or both, to ensure com-
pliance with the provisions of subsection (a) (1)
through (a) (7) inclusive, and no person shall fail to
submit such data when requested to do so by the Com-
missioner.
(7) Persons selling fuels in Connecticut shall maintain
records of sales of all fuel containing sulfur and shall
make these records available for inspection by the Com-
missioner or his representative during normal business
hours.
(8) No person shall cause or permit the flaring or combus-
tion of any refinery process gas stream or any other
process gas stream that contains sulfur compounds mea-
sured as hydrogen sulfide in concentrations greater than
10 grains per 100 standard cubic feet (23 gm/100 son) of
gas.
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(b) Sulfuric Acid Plants.
No person shall cause or permit sulfur oxides, calculated as
sulfur dioxide, emissions which exceed 6.5 pounds per ton
(3.25 kg/metric ton) of 100 percent acid produced.
(c) Sulfur Recovery Plants.
No person shall cause or permit the emission of sulfur oxides,
calculated 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 oxides,
calculated as sulfur dioxide, from primary nonferrous smelters
to exceed that set forth according to the following equations:
Copper smelters Y = 0.2 X
Zinc smelters: Y = 0.564 X °'85
Lead smelters: Y = 0.98 X °-77
Where X is the total sulfur fed to the smelter in
Ib/hr. and Y is the allowable sulfur dioxide
emissions in Ib/hr.
(e) Sulfite Pulp Mills.
No persons shall cause or permit the total sulfite pulp mill
emissions of sulfur oxides from blow pits, washer vents, stor-
age 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 19-508-18 (e), pro-
cess sources not covered in subsection (b) through (e) inclu-
sive shall not emit sulfur oxides in the effluent in concen-
trations which exceed 500 parts per million.
(50.7) Section 19-508-20
Control of Organic Compound Emissions
(a) Storage of Volatile Organic Compounds.
(1) No person shall place, store, or hold in any stationary
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tank, reservoir or other container of more than 40,000
gallons (150,000 liters) capacity any volatile organic
compounds unless such tank, reservoir, or other container
is a pressure tank capable of maintaining working pres-
sures sufficient at all times to prevent vapor or gas
loss to the atmosphere or is designed, and equipped with
one of the following vapor loss control devices:
(i) A floating roof, consisting of a pontoon type,
double deck type roof or internal floating cover,
which will rest on the surface of the liquid con-
tents and be equipped with a closure seal or seals
to close the space between the roof edge and tank
wall. This control equipment shall not be per-
mitted if the volatile organic compounds have a
vapor pressure of 11.0 pounds per square inch
absolute (568 mm Hg.) or greater under actual
storage conditions. All tank gauging or sampling
devices shall be gas-tight except when tank gaug-
ing or sampling is taking place.
(ii) A vapor recovery system, consisting of a vapor
gathering system capable of collecting the
volatile organic compounds vapors and gases dis-
charged, and a vapor disposal system capable of
processing such volatile organic vapors and gases
so as to prevent their emission to the atmosphere
and with all tank gauging and sampling devices
gas-tight except when gauging or sampling is taking
place.
(iii) Other equipment or means of equal efficiency for
purposes of air pollution control as may be ap-
proved by the Commissioner.
(2) Subsection (a) (1) shall not apply to existing gasoline
retail facilities, construction of which has been com-
menced prior to June 1, 1972.
(3) No person shall place, store, or hold in any stationary
storage vessel more than 250-gallon (950 liter) capacity
any volatile organic compound unless such vessel is equip-
ped with a conservation vent valve and with a permanent
submerged fill pipe or with equipment of equivalent effi-
ciency or is a pressure tank as described in subsection
(a) (1) or is fitted with a vapor recovery system as
described in subsection (a) (1) (ii). For the purpose
of this regulation, a "conservation vent valve" is a
weight loaded valve designed and used to reduce evapo-
ration losses of volatile organic compounds by limiting
the amount of air admitted to, or vapors released from,
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the vapor space of a closed storage vessel. Vessels
equipped with a floating roof as described in subsection
(a) (1) (i) above do not require a conservation vent
valve.
(4) The provisions of subsection (a) (3) shall not apply to
the loading of volatile organic compounds into any
storage vessel having a capacity of less than 1,000
gallons which was installed prior to the date of adoption
of this rule where the fill line between the fill con-
nection and the storage vessel is offset.
(b) Volatile Organic Compounds Loading Facilities.
(1) No person shall load or permit the loading of any vola-
tile organic compounds into any tank truck, tank trailer,
or railroad tank car having a capacity in excess of 200
gallons (760 liters) from any loading facility unless
such loading facility is equipped with a vapor collection
and disposal system or its equivalent, properly installed,
in good working order, and in operation
(2) No person shall load or permit the loading of any vola-
tile organic compounds into any tank truck, tank trailer,
or railroad tank car having a capacity in excess of 200
gallons (760 liters) unless such loading facility is
equipped with a loading arm with a vapor collection
adaptor, pneumatic, hydraulic or other mechanical means
to force a vapor-tight seal between the adaptor and the
hatch. A means shall be provided to prevent liquid or-
ganic compounds drainage from the loading device when
it is removed from the hatch of any tank, truck or trail-
er or to accomplish complete drainage before such re-
moval. When loading is effected through means other
than hatches, all loading and vapor lines shall be equip-
ped with fittings which make vapor-tight connections and
which close automatically when disconnected.
(3) Subsections (b) (1) and (b) (2) shall apply only to the
loading of volatile organic compounds at a facility from
which at least 10,000 gallons of such organic compounds
are loaded in any one day. "Loading facility" for the
purpose of this section shall mean any aggregation or
combination of organic liquid loading equipment which is
both (i) possessed by one person and (ii) located so
that all the organic liquid loading outlets for such
aggregation or combination of loading equipment can be
encompassed within any circle of three hundred (300)
feet in diameter.
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(c) Volatile Organic Compound Water Separation.
(1) No person shall use any compartment of any single or
multiple compartment volatile organic compound waste
water separator which received effluent water contain-
ing 200 gallons (760 liters) a day or more of any
volatile organic compound from any equipment processing,
refining, treating, storing, or handling volatile organic
compounds consisting of kerosene or more volatile organic
materials unless such compartment is equipped with one
of the following vapor loss control devices, properly
installed, in good working order, and in operation:
(i) A container having all openings sealed and
totally enclosing the liquid contents. All
gauging and sampling devices shall be gas-tight
except when gauging or sampling is taking place.
(ii) A container equipped with a floating roof, con-
sisting of a pontoon type, double deck type roof,
or internal floating cover, which will rest on
the surface of the contents and be equipped with
a closure seal or seals to close the space between
the roof edge and container wall. All gauging
and sampling devices shall be gas-tight except
when gauging or sampling is taking place.
(iii) A container equipped with a vapor recovery system
consisting of a vapor gathering system capable of
processing such organic vapors and gases so as to
prevent their emission to the atmosphere and with
all container gauging and sampling devices gas-
tight except when gauging or sampling is taking
place.
(iv) A container having other equipment of equal effi-
ciency for purposes of air pollution control as
may be approved by the Commissioner or equipment
which meets the requirements of subsection (f) (1)
through (4).
(d) Pumps and Compressors.
All pumps and compressors handling volatile organic compounds
shall have mechanical seals or other equipment of equal effi-
ciency for purposes of air pollution control as may be approved
by the Commissioner; except that in cases where mechanical
seals are impractical because of the abrasive or corrosive
nature of the liquid handled, best available technology for the
reduction of organic compound emissions shall be deemed equiv-
alent to the use of mechanical seals.
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(e) Waste Gas Disposal.
(1) No person shall cause or permit any emission from any
ethylene producing plant or other ethylene emission
source unless the waste gas stream is properly burned
at 1300°F (704°C) for 0.3 second or greater in a direct
flame afterburner or an equally effective device as
approved by the Commissioner. This provision shall not
apply to emergency reliefs and vapor blowdown systems.
(2) No person shall cause or permit the emission of organic
gases from a vapor blowdown system or emergency relief
unless these gases are burned by smokeless flares or an
equally effective control device as approved by the Com-
missioner. Exemption to this section will be considered
when the frequency of venting and the quantity of poten-
tial release are low, and all occurrences are reported to
the Commissioner. In the case of emergency reliefs,
exemption will also be considered if the Commissioner
determines that addition of control equipment would
constitute an explosion hazard or other safety hazard.
(f) Organic Solvents.
(1) No person shall cause or permit the discharge into the
atmosphere of more than 15 pounds of organic materials
in any one day, nor of more than 3 pounds in any one
hour, from any article, machine, equipment or other
contrivance, in which any organic solvent or any mate-
rial containing organic solvent comes into contact with
flame or is baked, heat-cured or heat-polymerized, in
the presence of oxygen unless said discharge has been
reduced by at least 85 percent. Those portions of any
series of articles, machines, equipment or other con-
trivances designed for processing a continuous web,
strip or wire which emit organic materials and using
operations described in this section shall be collec-
tively subject to compliance with this subsection.
(2) No person shall cause or permit the discharge into the
atmosphere of more than 40 pounds of organic materials
in any one day, nor of more than 8 pounds in any one
hour, from any article, machine, other than described
in subsection (f) (1), for employing or applying, any
photochemically reactive solvent, as defined in sub-
section (i) (1) and (i) (2) or material containing
such photochemically reactive solvent, unless said
discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere
resulting from air or heated drying of products for
the first 12 hours after their removal from any arti-
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cle, machine, equipment or other contrivance described
in this section shall be included in determining com-
pliance with this section. Emissions resulting from
baking, heat-curing, or heat-polymerizing as described
in subsection (f) (1) shall be excluded from determina-
tion of compliance with this section. Those portions
of any series of articles, machines, equipment or other
contrivances designed for processing a continuous web,
strip or wire which emit organic materials and using
operations described in this section shall be collec-
tively subject to compliance with this section.
(3) On or after January 1, 1975 the discharge of photo-
chemical ly reactive solvents described in subsection
(f) (2) shall be limited to 15 pounds in any day or
3 pounds in any hour, unless such discharge has been
reduced by 85 percent.
(4) On or after June 1, 1973 no person shall cause or permit
the discharge into the atmosphere of more than 800 pounds
of organic materials in any one day, nor more than 160
pounds in any one hour, from any article, machine,' equip-
ment or other contrivance in which any non-photochemical -
ly reactive organic solvent or any material containing
such solvent is employed or applied, unless said dis-
charge has been reduced by at least 85 percent. Emis-
sions of organic materials into the atmosphere resulting
from air or heated drying of products for the first 12
hours after their removal from any article, machine,
equipment, or other contrivance described in this section
shall be included in determining compliance with this
subsection. Emissions resulting from baking, heat-
curing or heat-polymerizing as described in subsection
(f) (1) shall be excluded from determination of com-
pliance with this section.. Those portions of any series
of articles, machines, equipment or other contrivances
designed for processing a continuous web, strip or wire
which emit organic materials and using operations des-
cribed in this section shall be collectively subject to
compliance with this subsection.
(5) Emissions of organic materials to the atmosphere from
the clean-up with photochemically reactive solvent, as
defined in subsection (f) (10) (iii) (1) of any article,
machine, equipment or other contrivance described in
subsections (f) (1) through (f) (4) shall be included
with the other emissions of organic materials from that
article, equipment or other contrivance for determining
compliance with this regulation.
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(6) Emissions of organic materials required to be controlled
by subsections (f) (1) through (f) (4), shall be reduced
by:
(i) Incineration, provided that 90 percent or more of
the carbon in the organic material being incinera-
ted is oxidized to carbon dioxide. However, in-
cineration is not acceptable for halogenated hydro-
carbons; or
(ii) Adsorption, or
(iii) Processing in a manner determined by the Commis-
sioner to be not less effective than (i) or (ii)
above.
(iv) Substitution of organic solvents which have been
shown to be virtually unreactive or of low re-
activity in the formation of oxidants. For the
purposes of these regulations, photochemically
unreactive solvents include saturated halogenated
hydrocarbons, perchlorethylene, benzene, acetone,
Cj - 05 n-paraffins, cyclohexanone, ethyl acetate,
isopropyl alcohol, methyl benzoate, 2-nitropropane,
phenyl acetate, triethyl amine, and other compounds
determined by the Commissioner. The Commissioner
may, upon submission of evidence satisfactory to
him, add or subtract compounds from this list.
Notwithstanding the above, substitution as des-
cribed in subsection (f) (b) (iv) shall not be
acceptable for compliance with subsection (f) (1)
and (f) (4).
(7) A person incinerating, adsorbing, or otherwise proces-
sing organic materials pursuant to subsection (f) (6)
shall provide, properly install and maintain in cali-
bration, in good working order, and in operation, devices
as specified by the Commissioner for indicating tempera-
tures, pressures, rates of flow, or other operating con-
ditions necessary to determine the degree and effective-
ness of air pollution control.
(8) Any person using organic solvents or any materials con-
taining organic solvents shall supply the Commissioner,
upon request and in the manner and form prescribed by him,
written evidence of the chemical composition, physical
properties, and amount consumed for each organic solvent
used.
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(9) The provisions of subsection (f) of this regulation
shall not apply to:
(i) The use of equipment for which other require-
ments are specified by subsections (a) through
(e) inclusive, or which are exempt from air
pollution control requirements under those
subsections.
(ii) The spraying or other employment of insecticides,
pesticides, or herbicides.
(iii) Industrial surface coating operations when the
coating's solvent make-up contains less than
20 percent of photochemically reactive solvent,
as defined in subsection (f) and (f) (10) (iii)
(1).
(iv) The use of any material, in any article, machine,
equipment or other contrivance described in sub-
sections (f) (1), (f) (2), (f) (3), (f) (4) or
(f) (5), if:
a. the volatile content of such material consists
only of water and organic solvents, and
b. the organic solvents comprise not more than
20 percent of said volatile content, and
c. the volatile content is not photochemically
reactive as defined in subsection (f) (10)
(iii) (1).
(10) For the purposes of this regulation, organic materials
are defined as chemical compounds of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides, metallic carbonates, and ammonium carbonate.
(i) For the purposes of this regulation, organic sol-
vents include diluents and thinners and are defined
as organic materials which are liquids at standard
conditions and which are used as dissolvers, vis-
cosity reducers or cleaning agents, except that
such materials which exhibit a boiling point higher
than 220°F at 0.5 millimeter mercury absolute
pressure or having an equivalent vapor pressure
shall not be considered to be solvents unless
exposed to temperatures exceeding 220°F.
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(ii) For the purpose of subsections (f) (1) and (f) (4),
85 percent reduction of organic materials emissions
shall mean 85 percent reduction of total organic
materials present when operations are conducted
according to good industrial practice.
(iii) For the purpose of subsections (f) (2) and (f) (3),
85 percent reduction of emissions shall mean 85
percent reduction of photochemically reactive sol-
vent emissions present when operations are conduct-
ed according to good industrial practice, utiliz-
ing the maximum proportion of photochemically
reactive solvent appropriate to such good practice.
Substitution of a photochemically unreactive sol-
vent shall be considered 100 percent reduction of
the photochemically reactive emissions involved.
(1) For the purposes of these regulations, a
photochemically reactive solvent is any or-
ganic solvent other than those defined as
photochemically unreactive in either:
a. subsection (f) (6) (iv); or
b. subsection (i) while subsection (i) is
in force.
(g) Architectural Coatings.
(1) On or after January 1, 1974, no person shall sell or offer
for sale to the final user in containers greater than
1-quart (0.95 liter) capacity unless the solvent composi-
tion is photochemically unreactive, as defined in sub-
section (f) (6) (iv).
(2) On or after January 1, 1975, no person shall employ, apply,
evaporate, or dry any architectural coating purchased in
containers of greater than 1-quart (0.95 liter) capacity
unless the solvent composition is photochemically unreac-
tive, as defined in subsection (f) (6) (iv).
(3) On or after January 1, 1975, no person shall thin or
dilute for application any architectural coating with a
photochemically reactive solvent, as defined in subsec-
tion (f) (10) (iii) (1), purchased in containers of
greater than 1-quart (0.95 liter) capacity.
(h) Exemptions.
If the Commissioner determines that photochemically unreactive
solvents are not available for a particular application or
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class of applications, he may issue an exemption, provided
that this shall not prevent the attainment or maintenance of
the National Ambient Air Quality Standard for photochemical
oxidants.
(i) Classification of Solvents.
(1) The following solvents shall be deemed satisfactory for
control of hydrocarbon emissions by substitution as
defined in subsection (f) (6) (iv) and shall be deemed
to be included in the list of unreactive solvents in
subsection (f) (6) (iv): any solvent with an aggregate
of less than 20 percent of its total volume composed of
the chemical compounds classified below or which does
not exceed any of the following individual percentage
composition limitations, referred to the total volume
of solvent:
a. A combination of hydrocarbons, alcohols,
aldehydes, esters, ethers or ketones having
an olefinic or cyclo-olefinic type of
unsaturation: 5 percent;
b. A combination of aromatic compounds with
eight or more carbon atoms to the molecule
except ethyl benzene, phenyl acetate or
methyl benzoate: 8 percent;
c. A combination of ethylbenzene, ketones having
branched hydrocarbon structures, trichloro-
ethylene or toluene: 20 percent.
(i) Whenever any organic solvent or any constituent of
an organic solvent may be classified from its
chemical structure into more than one of the above
groups of organic compounds it shall be considered
as a member of the most reactive chemical group;
that is, that group having the least allowable
percent of the total volume of solvents.
(2) On or after January 1, 1975, subsection (i) shall expire.
(j) Disposal and Evaporation of Solvents.
A person shall not, during any one day, dispose of more than
one and one-half gallons (5.7 liters) of any organic solvent
or of any material containing more than one and one-half
gallons (5.7 liters) of any such organic solvent by any means
which will permit the evaporation of such solvent into the
atmosphere..
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(50.5) Section 19-508-21
Control of Carbon Monoxide Emissions
(a) No person shall cause or permit the emission of carbon monoxide
waste gas generated during the operation of a grey iron cupola,
blast furnace or basic oxygen steel furnace unless the waste
gas is incinerated in a direct flame afterburner, boiler, or
equivalent device at a temperature of 1300°F for a period of
not less than three-tenths of a second.
(b) No person shall cause or permit the emission of carbon monoxide
waste gas from any catalyst regeneration of a petroleum crack-
ing system, petroleum fluid coker, or other petroleum process
into the atmosphere unless the waste gas is incinerated in a
direct flame afterburner, boiler, or equivalent device at a
temperature of 1300°F for a period of not less than three-
tenths of a second.
(50.3) Section 19-508-22
Control of Nitrogen Oxides Emissions
(a) Fuel Burning Equipment.
(1) No person shall cause or permit the emission of nitrogen
oxides, calculated as nitrogen dioxide, from gas-fired
fuel burning equipment in excess of 0.2 pounds per
million BTUs (0.36 gm/106 gm-cal) of heat input.
(2) No person shall cause or permit the emission of nitrogen
oxides, calculated as nitrogen dioxide, from oil-fired
fuel burning equipment in excess of 0.30 pounds per
million BTUs (0.54 gm/106 gm-cal) of heat input.
(3) No person shall cause or permit emissions of nitrogen
oxides from a coal-fired boiler in excess of 0.7 pounds
per million BTUs of heat input per hour for new sources
and 0.9 pounds per million BTUs for existing sources.
(4) Subsections (a) (1) through (a) (3) inclusive shall apply
to all equipment with a maximum capacity rating above
250 million BTUs per hour. For equipment rated between
5 and 250 million BTUs/hr., these regulations shall apply
unless the Commissioner is satisfied that it is not tech-
nically or economically feasible for a unit of the size
considered. Subsections (a) (1) through (a) (4) inclu-
sive shall not apply to stationary gas turbines, station-
ary internal combustion engines and mobile sources.
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(5) No person shall cause or permit emissions of nitrogen
oxides from a stationary gas turbine in excess of
0.9 pounds per million BTUs of heat input.
(b) Nitric Acid Manufacture.
No person shall cause or permit the emission of nitrogen
oxides, calculated as nitrogen dioxide, from nitric acid
manufacturing plants in excess of 5.5 pounds per ton
(2.8 kg./metric) of 100 percent acid produced.
(c) Other Sources.
No non-fuel burning source shall emit nitrogen oxides in
excess of 700 parts per million by volume.
(50.6) Section 19-508-23
Control of Odors
(a) No person firm or corporation shall emit or cause to be emitted
into the outdoor air any substance which creates an objectionable
odor beyond his property line. An odor will be deemed objection-
able when: ,,
(1) Three staff members' of the Department of Environmental
Protection agree, following personal observation, that
the odor is objectionable taking into account its nature,
concentration, location and duration; or
(2) Samples from the source are taken and found to rate over
120 odor units per cubic foot as determined by Mills'
adaptation of ASTM D-1391-57. ("Quantitative Odor Mea-
surement," a paper by John L. Mills, 56th Annual Meeting
of the Air Pollution Control Association in Detroit,
Michigan, June 9-13, 1963), or
(3) If the odor is caused in whole or in part by a substance
listed in Table 8-1, and when the concentration in Table
8-1 is exceeded for any period of time as demonstrated by
analysis made in accordance with methods approved by
qualified professional chemists.
(b) Nothing in this regulation shall permit emission of any air
pollutant in violation of any other regulation.
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TABLE 8-1 ODOR THRESHOLD LIMITS
Chemical
Acetaldehyde
Acetic Acid
Acetone
Acrolein
Acrylonitrile
Ally! chloride
Amine, dimethyl
Amine, monomethyl
Amine, trimethyl
Ammonia
Aniline
Benzene
Benzyl chloride
Benzyl sulfide
Bromine
Butyric acid
Carbon disulfide
Carbon tetrachloride (chlorination of C$2)
Carbon tetrachloride (chlorination of CH4)
Chloral
Chlorine
Dimethylacetamide
Dimethylformamide
Odor Threshold
(ppm by volume)
0.21
1.0
100.0
0.21*
21.4*
0.47
0.047
0.021
0.00021
46.8*
1.0
4.68
0.047
0.0021
0.047
0.001
0.21
21.4*
100.0*
0.047
0.314
46.8*
100.0*
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Chemical
Dimethyl sulfide
Diphenyl ether
Diphenyl sulfide
Ethanol (synthetic)
Ethyl acrylate
Ethyl mercaptan
Formaldehyde
Hydrochloric acid gas
Hydrogen sulfide (from Na2S)
Hydrogen sulfide gas
Methanol
Methyl chloride
Methylene chloride
Methyl ethyl ketone
Methyl isobutyl ketone
Methyl mercaptan
Methyl methacrylate
Monochlorobenzone
Monomethylamine
Nitrobenzene
Paracresol
Paraxylene
Perchloroethylene
Phenol
Phosgene
Odor Threshold
(ppm by volume)
0.001
0.1
0.0047
10.0
0.00047
0.001
1.0
10.0*
0.0047
0.00047
100.0
(above 10 ppm)
214.0*
10.0
0.47
0.0021
0.21
0.21
0.021
0.0047
0.001
0.47
4.68
0.047
1.0*
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Odor Threshold
Chemical (ppm by volume)
Phosphine 0.021
Pyridine 0.021
Styrene (inhibited) 0.1
Styrene (uninhibited) 0.047
Sulfur dichloride 0.001
Sulfur dioxide 0.47
Toluene (from coke) 4.68
Toluene (from petroleum) 2.14
Toluene diisocyanate 2.14*
Tri chloroethylene 21.4
*Exceeds the Threshold Limit Value adopted by the American Conference
of Industrial Hygienists for 1971. "Threshold Limit Values refer to
airborne concentrations of substances and represent conditions under
which it is believed that nearly all workers may be repeatedly ex-
posed day after day without adverse effect".
(4.0) Section 19-508-24
Connecticut Primary and Secondary Standards
(a) Definitions.
(1) "Ambient air" means that portion of the atmosphere,
external to buildings, to which the general public has
access.
(2) "Reference method" means a method of sampling and analyz-
ing for an air pollutant, as described in subsection (1),
below.
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(3) "Equivalent method" means any method of sampling and
analyzing for an air pollutant which can be demonstrated
to the Commissioner's satisfaction to have a consistent
relationship to the reference method.
(b) The concentration of pollutants in the outdoor atmosphere shall
conform with levels specified below as the applicable air quali-
ty standards for these substances throughout Connecticut. These
standards shall not be construed to permit any deterioration of
air quality in any portion of the state.
(c) Reference conditions.
All measurements of air quality are corrected to a reference
temperature of 20°C and to a reference pressure of 760 milli-
meters of mercury (1,013.2 millibars).
(d) Connecticut primary ambient air quality standards for sulfur
oxides (sulfur dioxide).
The Connecticut primary ambient air quality standards for sul-
fur oxides, measured as sulfur dioxide, are:
(1) 80 micrograms per cubic meter (0.03 p.p.m.) - annual
arithmetic mean.
(2) 365 micrograms per cubic meter (0.14 p.p.m.) - maximum
24-hour concentration not to be exceeded more than once
per year.
(e) Connecticut secondary ambient air quality standards for sulfur
oxides (sulfur dioxide).
The Connecticut secondary ambient air quality standards for
sulfur oxides, measured as sulfur dioxide, are:
(1) 60 micrograms per cubic meter (0.02 p.p.m.) - annual
arithmetic mean.
(2) 260 micrograms per cubic meter (0.1 p.p.m.) - maximum
24-hour concentration not to be exceeded more than once
per year.
(3) 1,300 micrograms per cubic meter (0.5 p.p.m.) - maximum
3-hour concentration not to be exceeded more than once
per year.
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(f) Connecticut primary ambient air quality standards for particu-
late matter.
The Connecticut primary ambient quality standards for particu-
late matter are:
(1) 75 micrograms per cubic meter - annual geometric mean.
(2) 260 micrograms per cubic meter - maximum 24-hour concen-
tration not to be exceeded more than once per year.
(g) Connecticut secondary ambient air quality standards for parti-
culate matter.
The Connecticut secondary ambient air quality standards for
particulate matter are:
(1) 60 micrograms per cubic meter - annual geometric mean.
(2) 150 micrograms per cubic meter - maximum 24-hour concen-
tration not to be exceeded more than once per year.
(h) Connecticut primary and secondary ambient air quality standards
for carbon monoxide.
The Connecticut primary and secondary ambient air quality stand-
ards for carbon monoxide are:
(1) 10 milligrams per cubic meter (9 p.p.m.) - maximum 8-hour
concentration not to be exceeded more than once per year.
(2) 40 milligrams per cubic meter (35 p.p.m.) - maximum 1-hour
concentration not to be exceeded more than once per year.
(i) Connecticut primary and secondary ambient air quality standards
for photochemical oxidants.
The Connecticut primary and secondary ambient air quality stand-
ard for photochemical oxidants, measured and corrected for inter-
ferences due to nitrogen oxides and sulfur dioxide, is:
160 micrograms per cubic meter (0.08 p.p.m.) - maximum 1-hour
concentration not to be exceeded more than once per year.
(j) Connecticut primary and secondary ambient air quality standards
for hydrocarbons.
The hydrocarbons standard is for use as a guide in achieving
oxidant standards.
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The Connecticut primary and secondary ambient air quality
standard for hydrocarbons is:
160 micrograms per cubic meter (0.24 p.p.m.) - maximum 3-hour
concentration (6 a.m. to 9 a.m.) not to be exceeded more than
once per year.
(k) Connecticut primary and secondary ambient air quality standard
for nitrogen dioxide.
The Connecticut primary and secondary ambient air quality
standard for nitrogen dioxide is:
100 micrograms per cubic meter (0.05 p.p.m.) - annual
arithmetic mean.
(1) Reference Methods.
The methods to be used are those described in Federal Register
Vol. 36, No. 84, Friday, April 30, 1971, PP 8187 - 8201.
(2.0) Section 19-508-25
Effective Date
(a) The effective date of these regulations shall be June 1, 1972.
(10.0) Section 19-508-100
Permits for Construction and Operation of Indirect Sources
(a) Applications for indirect source construction permits.
(1) Effective October 1, 1974, no person shall construct,
modify, install or cause the construction, modification
or installation of any indirect source of air pollutants
or part thereof as specified in subsections (a) (2) or
(a) (3), without applying for and obtaining an indirect
source construction permit from the Commissioner.
(2) A new or modified indirect source shall be required to
obtain an indirect source construction permit if the
operation of the indirect source will or may result
directly or indirectly in aggregate total emissions of
air pollutants in excess of fifty (50) tons annually.
Notwithstanding the provisions of subsection (a) (5),
the Commissioner shall publish by September 1, 1974,
guidelines to assist owners or operators of new or
modified indirect sources in determining whether a
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source is subject to this section.
(3) Other indirect sources subject to permit review.
(i) Effective January 1, 1975, in addition to the
requirements of subsection (a) (2), the Commis-
sioner may require an indirect source construction
permit of any new or modified indirect source
which will or may result in a substantial reduc-
tion in the quality of the air resource. Any
increase in the ambient pollutant concentration in
excess of fifty percent (50%) of the amount deter-
mined by subtracting from the applicable ambient
air quality standard shall be deemed to be a sub-
stantial reduction in the quality of the air
resource. At his discretion, the Commissioner
may specify a percentage smaller than fifty (50%)
percent to be used for the purposes of this sub-
section in any region or subregion of the state.
(ii) The Commissioner shall give thirty (30) days prior
notice of his intention to apply the provisions of
subsection (a) (3) (i) in a region or subregion
and shall specify the percentage that shall apply
in that region or subregion. At his discretion,
the Commissioner may hold a public hearing in that
region or subregion in order to allow interested
parties to comment.
(4) Those new or modified indirect sources which are not re-
quired to obtain an indirect source construction permit
under subsection (a) (1), (a) (2) or (a) (3) shall, upon
request of the Commissioner, furnish information to him
which may be of a type and form similar to that required
of applicants for indirect source construction permits.
(5) The Commissioner may publish and from time to time revise
guidelines for any region or subregion which will assist
owners or operators of new or modified indirect sources
in determining whether they are required to obtain an in-
direct complex source construction permit under subsec-
tions (a) (1), (a) (2) or (a) (3) or whether they may be
required to furnish information to the Commissioner under
subsection (a) (4).
(6) Application for an indirect source construction permit
shall be made by the owner or operator of the proposed
indirect source on forms furnished by the Commissioner.
Each application shall include siting information; des-
criptions of the buildings, structures, facilities or
installations involved; the nature, source and quantity
of uncontrolled and controlled emissions, both direct
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and indirect; traffic flow information; the proximity
of the indirect source to existing and projected trans-
portation services; and such other information as the
Commissioner may require.
(7) No new or modified indirect source shall be exempt from
the permit requirements of this subsection because of a
division of ownership or because of the pattern or timing
of development.
(8) For the purpose of determining whether construction or
modification of an indirect source was commenced prior
to October 1, 1974, construction or modification shall
be deemed to have commenced for any portion of an indirect
source when site preparation, including clearing and grad-
ing is complete and the following four steps have also
been completed:
(i) Detailed plans of the proposed indirect source are
available and have received all necessary approvals
required by Federal, State or local statutes, or-
dinances, regulations or procedures;
(ii) Environmental impact statements have been prepared
and reviewed as required by Federal or State sta-
tutes, regulations or procedures;
(iii) All necessary building permits for site preparation
and foundation construction have been issued in
accordance with State or local statutes, ordinances,
regulations or procedures;
(iv) The installation of structural components or
materials has started as part of a continuous pro-
gram of construction.
(b) Standards for Granting Indirect Source Construction Permits.
(1) No indirect source construction permit shall be granted
until the Commissioner finds, upon evidence submitted by
the applicant or otherwise made part of the application
record, that
(i) The new or modified indirect source for which a
permit is requested will be constructed and will
operate in accordance with all applicable statutes
or regulations administered by the Commissioner.
(ii) Such new or modified source will operate without
preventing or interfering, directly or indirectly,
with the attainment or maintenance of any applica-
ble ambient air quality standard.
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(iii) Such new or modified source wiVi contain such
instrumentation or facilities for monitoring,
recording, sampling and testing air quality
and related factors as the Commissioner may
reasonably require.
(iv) Such new or modified source will not result,
either directly or indirectly, in deterioration
of air quality in 1975 or later in any region
or subregion of the State.
(2) Notwithstanding the provisions of subsection (b) (1) (i)
obtaining an indirect source construction permit shall
not be considered compliance with the requirements or
standards of any statute or regulation administered by
the Commissioner other than the requirements of sub-
section (a) (1).
(c) Action on Applications for Indirect Source Construction Permits.
(1) An application will not be deemed to have been received
by the Commissioner until all information, papers and
documents required in support of the application have
been submitted in proper form. The Commissioner shall
acknowledge the receipt of an application within ten (10)
days.
(2) Notwithstanding the provisions of subsection (a) (3),
the Commissioner shall not issue a decision approving
or denying an application for an indirect source permit
until the applicant:
(i) shall have made available for thirty (30) days,
in the region in which the proposed construction
or modification will be located, a copy of the
application and a copy of the Commissioner's
preliminary evaluation of the air quality data
contained in the application,
(ii) shall have published by prominent advertisement
in the region affected a notice of the location
of the application and evaluation specified in
subsection (c) (2) (i), above, and
(iii) shall have posted in a manner prescribed by the
Commissioner at the site of the proposed indirect
source, a notice that a permit has been applied
for, and
(iv) shall have submitted to the Commissioner an
affidavit certifying that the conditions of sub-
sections (c) (2) (i) to (c) (2) (iii) have been met.
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(3) Except where a public hearing is held under subsection
(j) (4), the Commissioner shall inform an applicant for
an indirect source construction permit of the decision
of the Commissioner approving or denying the application
within sixty (60) days of the receipt of the application.
The Commissioner may, on notice to the applicant, extend
the time for acting on the application an additional
thirty (30) days, a total time of ninety (90) days. Said
ninety (90) days shall be exclusive of the time allowed
in subsection (c) (2).
(4) When a public hearing is held under subsections (j) (4)
on an application for an indirect source construction
permit, the Commissioner shall inform the applicant of
the decision approving or denying the application within
thirty (30) days following receipt of the record of the
hearing.
(5) The Commissioner shall briefly set forth in any notice of
approval or denial of an application for an indirect
source construction permit the basis for the determination.
(6) The Commissioner may impose any reasonable requirements,
standards, or conditions upon approval of any permit to
construct or modify.
(d) Revocation or Modification of Indirect Source Construction
Permits.
' (1) The Commissioner may revoke or modify an indirect source
construction permit if:
(i) The construction or modification authorized by
the permit is not begun within one year from the
date of issuance or such other period as is al-
lowed by the permit; or
(ii) During construction or modification, work is sus-
pended for one year or more, or for such other
period as is specified in the permit.
(iii) He determines that any condition imposed under
subsection (c) (6) has not been or is not being
met.
(e) Indirect Source Operating Permits.
(1) No person shall operate or cause the operation of a new
or modified indirect source without first obtaining an
indirect source operating permit from the Commissioner
in accordance with the requirements of this section.
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(2) No indirect source operating permit shall be required
under subsection (e) (1) unless the source was required
to obtain an indirect source construction permit under
subsection (a).
(3) No separate application shall be required under subsec-
tion (e) for those sources which have been granted an
indirect source construction permit.
(4) Prior to issuance of an indirect source operating permit,
the Commissioner may require the owner or operator of a
new or modified indirect source to provide.such addition-
al information as he deems necessary and as has not al-
ready been included in the application for a construction
permit or submitted during the course of construction.
(5) In circumstances where he deems it appropriate, the Com-
missioner may issue a temporary permit to commence opera-
tions for a period not to exceed sixty (60) days. For
good cause shown, the period may be extended by the Com-
missioner for any additional period required. Prior to
the expiration of the period covered by the temporary
permit, the Commissioner shall notify the owner or opera-
tor in writing of his approval or denial of the indirect
source operating permit and the reasons therefor.
(6) Indirect source operating permits required by subsection
(e) (1), shall be issued or renewed for the expected life
of the indirect source, but not to exceed ten (10) years,
unless the Commissioner shall determine that a shorter
period is appropriate under the circumstances of operation
of any particular indirect source.
(7) Application for the renewal of an indirect source operat-
ing permit shall be made at least 120 days prior to the
expiration of the existing operating permit.
(8) The Commissioner may impose reasonable conditions in any
indirect source operating permit.
(f) Standards for granting indirect source operating permits.
The Commissioner shall grant or renew an indirect source
operating permit subject to subsection (e) (1) if he determines
that:
(1) The indirect source has been granted an indirect source
construction permit in accordance with the provisions of
this section;
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(2) The indirect source has been constructed and/or operated
in accordance with the requirements, standards and con-
ditions set forth in the construction permit or in any
temporary or other previously issued operating permit.
(g) Transfer of Indirect Source Operating Permits.
The holder of an indirect source operating permit may not trans-
fer it without prior written notification to the Commissioner.
Each new owner or operator or holder of the indirect source
permit shall be responsible for complying with all applicable
regulations and with the conditions of the permit.
(h) Denial, Revocation or Modification of Indirect Source
Operating Permits.
The Commissioner may deny a new indirect source operating
permit and may revoke, modify or refuse to renew an existing
indirect source operating permit for failure to comply with
any applicable requirements, standards, or conditions imposed
by or under the provisions of these regulations.
(i) Notice of Approval, Denial, Revocation or Modification of
Indirect Source Construction Permits and Operating Permits.
(1) Notice of denial, revocation or modification of any
indirect source construction permit or of any indirect
source operating permit shall set forth the reasons for
the action taken and such denial, revocation or modifica-
tion shall take final effect thirty (30) days after the
date of service of the notice, unless a hearing is re-
quested prior to the expiration of the thirty (30) day
peri od.
(2) Any party aggrieved by the approval, denial, revocation
or modification of a construction or operating permit
may obtain an adjudicative hearing thereon by filing
a written answer and request for a hearing in accordance
with Section 22a-8-a of the Rules of Practice of the
Department within thirty (30) days of the date of ser-
vice of the notice. Filing of the answer and request
for the hearing shall postpone the effective date of the
approval, denial, revocation or modification until the
conclusion of the hearing and issuance of the final
decision of the Commissioner.
(j) Public Information and Hearing Procedures.
(1) In all cases where there is a requirement of legal notice
the Commissioner shall cause the applicant for an indirect
source permit to publish at his own expense all notices of
hearings and other notices required by law.
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(2) The Commissioner shall inform the public of:
(i) All indirect source permit applications received;
(ii) All pending operating permits for indirect sources
subject to the requirements of subsection (e) (1);
(iii) All decisions approving, denying, revoking, or
modifying any indirect source permit.
(3) While a decision is pending on an indirect source permit
application or an operating permit for sources subject
to the provisions of subsection (e) (1) any person may
file a written comment or may file a written objection
setting forth the basis of the objection in detail and
opposing the approval of the permit in its entirety or
requesting that specific conditions be attached to it.
Objection may be accompanied by a request for hearing.
(4) A public hearing on any permit application may be held
by the Commissioner:
(i) Pursuant to a request for a hearing according to
subsection (j) (3);
(ii) Whenever it is required by these regulations or
by any applicable state or federal law;
(iii) At the discretion of the Commissioner; or
(iv) Upon the request of any municipality.
Following the close of the hearing, the Commissioner
shall make a decision based on all available evidence,
including the record of the hearing and the recommenda-
tion of the hearing examiner, as to whether to approve
or deny the indirect source permit. Notice of such
decision shall be published according to subsection (j)
(2).
(k) Signature.
No indirect source permit issued under this section shall be
effective until the applicant or his duly authorized represen-
tative shall have signed the permit, which signature shall
constitute an agreement to abide by any terms and conditions
therein.
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(1) Local and Regional Participation in Indirect Source Review.
(1) Upon the request of the governing body of any municipal-
ity or other political subdivision, the Commissioner may
designate the municipal planning and zoning agency, the
regional planning agency, or any other responsible muni-
cipal or regional agency or official as the designee of
the municipality for the purpose of making comments and
recommendations on applications for indirect source con-
struction permits.
(2) The Commissioner may publish and revise, from time to
time, guidelines which shall assist the designated
agencies in assessing the impact of any proposed indirect
source on the development or resource allocation goals of
the municipality or region.
(3) In addition to the other evaluations made pursuant to
this section, the Commissioner may evaluate the effect of
the proposed construction or modification upon any plan
for the development or plan for resource allocation pro-
posed by the municipality or region.
(4) The Commissioner shall submit a copy of the application
for an indirect source construction permit along with his
evaluation and analysis, to the designated agency of any
affected municipality for its review. Any designated
agency wishing to make comments or recommendations with
regard to a pending application must respond within thirty
(30) days following its receipt of the application from
the Commissioner.
(5) Upon request of any municipality which has a designated
agency under the provisions of subsection (1) (1), the
Commissioner may assist the municipality in formulating
a plan for development or a plan for air resource alloca-
tion for the purpose of allowing the municipality and
region to maximize the benefits of its utilization of the
air resource within the limits imposed by air quality con-
siderations.
(6) The Commissioner may establish an indirect source advisory
committee composed of municipal and regional officials to
advise the Commissioner on procedures concerning the eva-
luation of indirect source construction permits and in-
direct source permits to operate and to assist the Com-
missioner in fostering increased municipal and regional
cooperation in attaining and maintaining applicable am-
bient air quality standards.
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FEDERALLY PROMULGATED
REGULATIONS
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(2.0) 52.380 Rules and Regulations
(a) All facilities owned, operated or under contract with the
Connecticut Transportation Authority shall comply in all
respects with Connecticut Regulations for the Abatement
of Air Pollution, Sections 19-508-1 through 19-508-25
inclusive, as approved by the Administrator.
(b) For the purposes of subsection (a) of this section, the
word "Administrator" shall be substituted for the word
"Commissioner" wherever that word appears in Connecticut
Regulations for the Abatement of Air Pollution, Sections
19-508-1 through 19-508-25 inclusive, as approved by the
Administrator.
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(17.0) 52.382 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to" "concentrations" of "parti cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
fol1ows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the hew source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
.be made available for public inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by,paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall net be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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