(a)
Definitions
For purposes of this section, the following definitions shall
apply:
(1) "Contract" means:
(A) an agreement between a utility and a
customer (or other person) to provide electricity; or
(B) a change in any agreement between a
utility and a customer (or other person) to provide electricity.
(2) "Electricity supplier" means
"electric supplier" as defined in section
16-1(a)(30)
of the Connecticut General Statutes, and "municipal electric utility" as
defined in section
7-233b(8)
of the Connecticut General Statutes.
(3) "Emergency engine" means a stationary
reciprocating engine or a turbine engine which is used as a means of providing
mechanical or electrical power only during periods of testing and scheduled
maintenance or during either an emergency or in accordance with a contract
intended to ensure an adequate supply of electricity for use within the state
of Connecticut during the loss of electrical power derived from nuclear
facilities. The term does not include an engine for which the owner or operator
of such engine is party to any other agreement to sell electrical power from
such engine to an electricity supplier, or otherwise receives any reduction in
the cost of electrical power for agreeing to produce power during periods of
reduced voltage or reduced power availability.
(4) "Emergency" means an unforeseeable
condition that is beyond the control of the owner or operator of an emergency
engine and that:
(A) Results in an
interruption of electrical power from the electricity supplier to the
premises;
(B) Results in a
deviation of voltage from the electricity supplier to the premises of three
percent (3%) above or five percent (5%) below standard voltage in accordance
with subsection (a) of section
16-11-115 of
the Regulations of Connecticut State Agencies;
(C) Requires an interruption of electrical
power from the electricity supplier to the premises enabling the owner or
operator to perform emergency repairs;
(D) Requires operation of the emergency
engine to minimize damage from fire, flood, or any other catastrophic event,
natural or man-made; or
(E)
Notwithstanding section 22a-174-22(a)(3) of the Regulations of Connecticut
State Agencies, requires operation of the emergency engine under an agreement
with the New England Region System Operator during the period of time the New
England Region System Operator is implementing voltage reductions or
involuntary load interruptions within the Connecticut load zone due to a
capacity deficiency.
(5)
"Gas" or "gaseous fuel" means natural gas, propane, or any other fuel that is
in the gaseous state under standard conditions.
(6) "gm/bk hp-hr" means grams per brake
horsepower-hour.
(7) "lb" means
pound.
(8) "MMBTU" means million
BTU of heat input.
(9) "MMBTU/hr"
means million BTU of heat input per hour.
(10) "MRC" means maximum rated
capacity.
(11) "Major stationary
source of NOx" means premises with potential emissions of NOx equal to or
greater than fifty (50) tons per year in a serious nonattainment area for
ozone, or twenty-five (25) tons per year in a severe nonattainment area for
ozone.
(12) "NOx budget program
source" means:
(A) A fossil-fuel-fired
stationary source that serves a generator with a nameplate capacity of fifteen
megawatts (15 MW) or more; or
(B) A
fossil-fuel-fired boiler or indirect heat exchanger with a maximum heat input
capacity of 250 MMBTU or more.
(13) "NOx discrete emission reduction credit"
or "NOx DERC" means the reduction of one ton of NOx at a source during a
discrete period of time, which the commissioner has certified as real,
quantifiable, surplus, permanent, and enforceable.
(14) "Other boiler" means a boiler that is
not a cyclone furnace, fast-response double-furnace naval boiler, or
fluidized-bed combustor.
(15)
"Other oil" means a fuel that is liquid at standard conditions and is not
residual oil.
(16) "ppmvd" means
parts per million by volume on a dry basis.
(17) "Premises" means "premises" as defined
in section
22a-174-1 of the
Regulations of Connecticut State Agencies.
(18) "Reciprocating engine" means a
stationary internal combustion engine having a crankshaft turned by linearly
reciprocating pistons.
(19)
"Selective noncatalytic reduction" means emission control technology that
involves the injection of a chemical reagent at high flue gas temperatures to
selectively reduce NOx emissions to nitrogen and water.
(20) "Turbine engine" means a stationary
internal combustion engine that continuously converts an air-fuel mixture into
rotational mechanical energy through the use of moving vanes attached to a
rotor.
(21) "Waste combustor" means
an incinerator as defined in subsection
22a-174-18(a)
of the Regulations of Connecticut State Agencies, a resources recovery facility
as defined in section
22a-207
of the Connecticut General Statutes, or a sewage sludge incinerator. The term
does not include a flare or an industrial fume incinerator.
(b)
Applicability
(1) This section applies to:
(A) Any of the following sources, provided
such sources are located at a major stationary source of NOx:
(i) A reciprocating engine with a maximum
rated capacity of three (3) MMBTU/hr or more;
(ii) Fuel-burning equipment, other than a
reciprocating engine, with a maximum rated capacity of five (5) MMBTU/hr or
more;
(iii) Equipment that combusts
fuel for heating materials and that has a maximum rated capacity of five (5)
MMBTU/hr or more;
(iv) A waste
combustor with a design capacity of two thousand (2000) pounds or more of waste
per hour; or
(B)
Fuel-burning equipment, a waste combustor, or a process source that has
potential emissions of NOx in excess of the following:
(i) One hundred thirty-seven (137) pounds
during any day from May 1 to September 30, inclusive, of any year, if such
source is located in a severe nonattainment area for ozone; or
(ii) Two hundred seventy-four (274) pounds
during any day from May 1 to September 30, inclusive, of any year, if such
source is located in a serious nonattainment area for ozone.
(2) Subsections (d) to
(k), inclusive, and (m) of this section shall not apply to a source if:
(A) The actual emissions of NOx in any
calendar year since January 1, 1990 from the premises at which such source is
located have not exceeded twenty-five (25) tons for a premises located in a
severe nonattainment area for ozone, or fifty (50) tons for a premises located
in a serious nonattainment area for ozone; or
(B) The actual emissions of NOx after May 31,
1995 from the premises at which such source is located have not exceeded on any
day from May 1 to September 30, inclusive, of any year: one hundred
thirty-seven (137) pounds for a premises located in a severe nonattainment area
for ozone or two hundred seventy-four (274) pounds for a premises located in a
serious nonattainment area for ozone. The actual emissions from emergency
engines operating during an emergency shall not be included in the
determination of the applicability of this subparagraph. The actual emissions
from a reciprocating engine or gas turbine engine used as provided in
subdivision (2) of subsection (c) of this section shall not be included in the
determination of the applicability of this subparagraph.
(3) Subsections (d) to (k), inclusive, of
this section shall not apply to an emergency engine provided, on and after May
1, 1997, the operation of an emergency engine for routine, scheduled testing or
maintenance on any day for which the Commissioner has forecast that ozone
levels will be "moderate to unhealthy for sensitive groups," "unhealthy for
sensitive groups," "unhealthy," or "very unhealthy" is expressly prohibited
unless:
(A) such engine is exempt from this
section pursuant to subsection (c) of this section, or
(B) such operation of the engine is allowed
by permit or order of the Commissioner, because the engine is unattended and
the testing is automated and cannot be modified from a remote
location.
(4) The owner
or operator of an emergency engine shall not include the actual emissions from
any such engine for purposes of determining applicability in accordance with
subsection (b)(2)(B) of this subsection, provided such emissions result from
operation in accordance with a contract with a utility operating pursuant to a
permit or order which:
(A) Requires the
permittee to maintain a list which identifies all sources with whom the
permittee has a contract;
(B)
Requires either the permitee or the owner or operator of the emergency engine
to record and submit to the Commissioner data on fuel consumption and hours of
operation of any emergency engine operating under such contract; and
(C) Requires the permittee to obtain NOx
emission reductions to offset the NOx emissions that result from the generation
of customer-contracted electricity.
(c)
Exemptions.
(1) This section shall not apply to a mobile
source.
(2) Subsections (d) to (k),
inclusive, and (m) of this section shall not apply to a reciprocating engine or
gas turbine engine when it is used as follows:
(A) To test and to provide emergency power or
alternative power for safety-related structures, systems, and components or
other Nuclear Regulatory Commission mandated systems at an electricity
generating facility licensed under 10 CFR
50;
(B) To test and to provide power to meet
standards for emergency electrical power systems of The Joint Commission or the
National Fire Protection Association at a hospital or other health care
facility;
(C) To provide power when
there is an interruption of power from the electricity supplier during
construction, facility maintenance, or repairs; or
(D) To test and to provide power for
production operations and transmission of radio and television messages
associated with an event identified by the state of Connecticut under Chapter
517 of the Connecticut General Statutes or a missing person alert under Chapter
528 of the Connecticut General Statutes.
(3) Notwithstanding the provisions of
subdivision (2) of this subsection, these exemptions are not available for a
reciprocating engine or gas turbine engine for which the owner or operator is
party to an agreement to sell electrical power from such reciprocating engine
or gas turbine engine to an electricity supplier or an owner or operator who
otherwise receives any reduction in the cost of electrical power for agreeing
to produce power during periods of reduced voltage or reduced power
availability.
(d)
General requirements.
(1) On and
after May 31, 1995, the owner or operator of a stationary source subject to
this section shall:
(A) comply with all
applicable emission limitations for such source in subsection (e) of this
section;
(B) comply with the
provisions for multi-fuel sources in subsection (f) of this section;
(C) reduce the NOx emission rate from such
source by forty percent (40%), pursuant to subsection (g) of this section, in
accordance with a permit issued by the Commissioner;
(D) file a permit application to modify the
schedule of operations at such source, pursuant to subsection (i) of this
section, in accordance with a permit issued by the Commissioner.
(2) On October 1, 2003, and during
the period from October 1 to April 30, inclusive, each year thereafter, the
owner or operator of a stationary source subject to this section that is also a
NOx budget program source shall:
(A) Comply
with the emission limitation in subsection (e)(3) of this section; or
(B) Use NOx DERCs, or NOx allowances, or
both, pursuant to subsection (j) of this section, to achieve all or a portion
of the NOx emission reductions required by the emission limitation in
subsection (e)(3) of this section.
(3) The owner or operator of a stationary
source subject to this section, in accordance with an order or permit issued by
the Commissioner, may use NOx DERCs and NOx allowances, pursuant to subsection
(j) of this section, to achieve all or a portion of the reductions required by
this section. The Commissioner shall submit such permit or order to the
Administrator for approval in accordance with the provision of 42 U.S.C.
7401-
7671q.
(4) Nothing herein
shall preclude the Commissioner from issuing an order to an owner or operator
of a stationary source subject to this section to comply with the requirements
of this subsection.
(e)
Emission limitations.
(1) The
owner or operator of a stationary source subject to this section may, in
accordance with subsection (d)(1)(A) of this section, comply with the
requirements of this section by meeting applicable emission limitations
specified in Table 22-1 of this section. Emission limitations in Table 22-1 for
turbine engines that are quantified in units of ppmvd shall be corrected to
fifteen percent (15%) oxygen.
(2)
For any stationary source for which there is no applicable emission limitation
in Table 22-1, the owner or operator of such source shall not cause or allow
emissions of NOx therefrom in excess of the following:
(A) For fuel-burning equipment fired by a
fuel other than those fuels cited in Table 22-1: 0.3 pounds per
MMBTU;
(B) For any waste combustor
subject to the requirements of subdivision (4) of this subsection: 0.38 pounds
per MMBTU;
(C) For any waste
combustor not subject to the requirements of subdivision (2)(B) of this
subsection which has a waterwall furnace: 0.38 pounds per MMBTU;
(D) For any other waste combustor: 0.33
pounds per MMBTU;
(E) For a glass
melting furnace: 5.5 pounds of NOx per ton of glass produced;
(F) For a stationary source, other than a
glass melting furnace, that combusts fuel for heating materials: 180 ppmvd,
corrected to twelve percent (12%) carbon dioxide; or
(G) For any stationary source not having an
emission limitation in subparagraphs (A) through (F) of this subdivision: seven
hundred (700) ppmvd.
(3)
For a source subject to this section that is also a NOx budget program source:
0.15 pounds per MMBTU during the period from October 1 to April 30,
inclusive.
(4) In addition to
complying with the emission limitation in subdivision (2)(B) of this
subsection, by May 31, 1995 the owner or operator of any waste combustor that
combusts refuse derived fuel shall install and operate selective noncatalytic
reduction or other NOx emissions control technology capable of reducing the NOx
emission rate by at least thirty percent (30%) from the average emission rate
in calendar year 1990 on one boiler unit at such facility. If the Commissioner
determines that operations during 1990 were not representative of normal
operations of the facility, the Commissioner may use another calendar period
that is more representative. In addition, actual annual average NOx emissions
from other boiler units at such facility shall each not exceed 420 tons per
year. The Commissioner may consider, in the same manner as for other sources,
any emission reduction below 0.38 pounds per MMBTU to be eligible as surplus
emissions reductions for purposes of emission reduction credits pursuant to
subsection (j) of this section until May 31, 1999.
TABLE 22-1
Gas-fired
|
Residual-oil-fired
|
Other-oil-fired
|
Coal-fired
|
Turbine engine with MRC [GREATER THAN EQUAL TO] 100
MMBTU/hr
|
55 ppmvd
|
not applicable
|
75 ppmvd
|
not applicable
|
Turbine engine with MRC [LESS THAN] 100
MMBTU/hr
|
0.90 lb/MMBTU
|
not applicable
|
0.90 lb/MMBTU
|
not applicable
|
Cyclone furnace
|
0.43 lb/MMBTU
|
0.43 lb/MMBTU
|
0.43 lb/MMBTU
|
0.43 lb/MMBTU
|
Fast-response double-furnace Naval
boiler
|
0.20 lb/MMBTU
|
0.30 lb/MMBTU
|
0.30 lb/MMBTU
|
0.30 lb/MMBTU
|
Fluidized bed combustor
|
not applicable
|
not applicable
|
not applicable
|
0.29 lb/MMBTU
|
Other boiler
|
0.20 lb/MMBTU
|
0.25 lb/MMBTU
|
0.20 lb/MMBTU
|
0.38 lb/MMBTU
|
Reciprocating engine
|
2.5 gm/bk hp-hr
|
not applicable
|
8 gm/bk hp-hr
|
not applicable
|
(f)
Multi-fuel sources.
(1) When, pursuant to subsection (d)(1)(B) of
this section, the owner or operator of a stationary source subject to this
section switches the use of fuel, converts to a new fuel, or is capable of
burning two or more different fuels, such owner or operator shall comply with
the requirements of this subsection.
(2) The owner or operator of a stationary
source that is capable of firing two or more fuels shall not cause or allow
emissions of NOx from such source, in excess of the following:
(A) For fuel-burning equipment that
simultaneously fires two or more different fuels: an emission limitation
calculated by 1) multiplying the heat input of each fuel combusted by the
emission limitation established in this section for such fuel, 2) summing those
products, and 3) dividing the sum by the total heat input; or
(B) For fuel-burning equipment that is
capable of interchangeably firing two or more fuels: the emission limitation in
Table 22-1 for the particular equipment and fuel used. Notwithstanding this
requirement, the owner or operator of a stationary source that operates
exclusively on other oil or gas from May 1 through September 30 of any year and
on another fuel during the remainder of the year shall not cause or allow
emissions of NOx from such source in excess of 0.2 pounds per MMBTU from May 1
to September 30, inclusive, and 0.29 pounds per MMBTU for the remainder of the
year.
(3) The owner or
operator of a stationary source that, on or after January 1, 1990, converts the
fuel used at such source, shall not cause or allow emissions of NOx from such
source in excess of the following:
(A) 0.29
pounds per MMBTU, when such source burned coal to provide more than fifty
percent (50%) of its total heat input during the last full calendar year
immediately prior to such conversion; or
(B) 0.225 pounds per MMBTU, if such source
burned residual oil to provide more than fifty percent (50%) of its total heat
input during the last full calendar year immediately prior to such
conversion.
(g)
Forty percent (40%)
reduction.
(1) When the owner or
operator of a stationary source subject to this section reduces the NOx
emission rate from such source by forty percent (40%), as provided in
subsection (d)(1)(C) of this section, such owner or operator shall comply with
the emission limitations of this section established in a permit issued by the
Commissioner. Such permit shall specify such source's NOx emission limitation
to be the more restrictive of:
(A) sixty
percent (60%) of such source's emission rate at maximum capacity during
calendar year 1990; or
(B) sixty
percent (60%) of the emission limitation applicable to the source on January 1,
1990.
Such permit shall express the NOx emission limitation in the
same units of measurement as the NOx emission limitation that would otherwise
apply to such source in subsection (e) of this section.
(2) To determine the actual
emission rate specified in subdivision (1)(A) of this subsection, such owner or
operator shall conduct an emission test at such source under operating
conditions representative of those conditions in existence at the source in
calendar year 1990, at the maximum capacity at which the source was operated
during such calendar year.
(3) If
the Commissioner determines that operations during calendar year 1990 were not
representative of normal operations from such source, the Commissioner may use
another calendar year which is more representative.
(h)
Reconstruction or
replacement. Repealed.
(i)
Schedule modification.
(1) If the
owner or operator of a stationary source subject to this section proves to the
satisfaction of the Commissioner that it is not technologically or economically
feasible for such source to comply with the emission limitations in subsections
(e) through (g) of this section, except the emission limitation in subsection
(e)(3) of this section, the Commissioner may by permit require NOx emission
reductions through modifications of the schedule of NOx-emitting activities and
implementation of other measures to reduce NOx emissions at such source. Such
permit may include restrictions on operations on any day for which the
Commissioner has forecast that ozone levels will be "moderate to unhealthy for
sensitive groups," "unhealthy for sensitive groups," "unhealthy," or "very
unhealthy."
(2) This subsection
shall only apply to the following:
(A)
Oil-fired turbine engines or fast-response double-furnace Naval boilers that
generate power to create simulated high-altitude atmospheres for the testing of
aircraft engines;
(B) Testing of
fuel-burning equipment undergoing research and development; or
(C) Compression-ignition reciprocating
engines used exclusively for the training personnel in the operation and
maintenance of such engines aboard submarines.
(j)
Emissions reduction trading.
(1) The owner or operator of a stationary
source subject to this section may use NOx DERCs or NOx allowances or both to
comply with the applicable emission limitation contained in subsection (e) of
this section pursuant to a permit or order issued by the
commissioner.
(2) Such owner or
operator shall retire one (1) NOx DERC or one (1) NOx allowance for each ton of
NOx emitted in excess of the applicable emission limitation in subsection (e)
of this section, as calculated pursuant to a permit or order issued by the
commissioner. Such owner or operator shall conduct an emission test or submit
another method acceptable to the Commissioner to estimate the number of tons of
NOx emitted in excess of such applicable emission limitation. Such emission
test shall be conducted under operating conditions that demonstrate the maximum
emission rate of such source. Such emission test shall be certified pursuant to
subsection (k) of this section.
(3)
Any creation or use of NOx DERCs or NOx allowances for the purpose of this
subsection shall be consistent with the provisions of 40 CFR
51, Subpart U and
the U.S. Environmental Protection Agency's "Emissions Trading Policy
Statement," published December 4, 1986 (Federal Register, Volume 51, Page
43814). The use of NOx allowances pursuant to this subsection shall also be
consistent with the provisions of Section 22a-174-22 a(f)(4) and Section
22a-174-22 b(i)(5) of
the Regulations of Connecticut State Agencies.
(4) Vintage restrictions. For the purposes of
this section, the following vintage restrictions shall apply:
(A) Any DERC shall be used for the purpose of
compliance with this section within five (5) calendar years from the year of
generation; and
(B) Any
NOx allowance allocated to, or otherwise acquired by,
the owner or operator of a stationary source subject to this section, if used
for the purpose of compliance with this section, shall be used within five (5)
calendar years from the year of initial allocation.
(k)
Emissions testing and
monitoring.
(1) The owner or operator
of a stationary source subject to an emission limitation under this section
shall conduct an emission test to demonstrate compliance with this section no
later than one year after becoming subject to this section. Each such emission
test shall be conducted in accordance with section
22a-174-5
of the Regulations of Connecticut State Agencies. Compliance with the emission
limitations of this section shall be determined based on the average of three
(3) one-hour tests, each performed over a consecutive 60-minute period. Any
analysis of nitrogen content conducted as part of such emission testing shall
be in accordance with Method D-3228 of the American Society for the Testing of
Materials. If the commissioner determines that three (3) one-hour tests are not
reasonable given the location, configuration or operating conditions of a
stationary source, the commissioner may approve testing where compliance with
the emission limitations of this section shall be determined based on the
average of four (4) fifteen-minute tests, each performed over a consecutive
fifteen-minute period. Any owner or operator of a stationary source who has not
installed and operated a continuous emissions monitor at such source shall
conduct emission testing once every five years from the date of the previous
test or five years from the date the previous test was due, whichever is
earlier.
(2) The owner or operator
shall demonstrate compliance with emission limitations of this section using
sampling and analytical procedures approved under 40 CFR
60, Appendix A, or
under procedures in section
22a-174-5(d)
of the Regulations of Connecticut State Agencies. Sampling shall be conducted
when the source is at normal operating temperature and, unless allowed
otherwise by the Commissioner in a permit or order, is operating at or above
ninety percent (90%) of maximum capacity for a fuel-burning source or a process
source, or at or above ninety percent (90%) of design capacity for a waste
combustor. Notwithstanding the foregoing requirements of this subdivision:
(A) If the commissioner determines that
operating at or above ninety percent (90%) of maximum capacity for a fuel
burning source or a process source during sampling is not reasonable given the
location, configuration or operating conditions of a source, the commissioner
may approve testing of a fuel burning source or process source at an
alternative maximum capacity where compliance with the emission limitations of
this section shall be determined based on operating at or above ninety percent
(90%) of the alternative maximum capacity approved by the commissioner;
and
(B) Any source that has
operated in excess of one hundred percent (100%) of its maximum capacity at any
time since May 31, 1995 shall be tested when the source is operating at or
above ninety percent (90%) of its highest operating rate since May 31,
1995.
(3) On and after
May 31, 1995, the owner or operator of any source that emitted more than one
hundred (100) tons of NOx from a single stack during any calendar year
beginning January 1, 1990, shall install, calibrate, maintain, operate and
certify a continuous emissions monitor for NOx for each such stack. The owner
or operator shall notify the Commissioner in writing at least thirty (30) days
prior to conducting any performance or quality assurance testing of any such
monitor. Any such testing shall be conducted in accordance with a testing
protocol approved by the Commissioner. Any continuous emission monitor for NOx
shall be installed, calibrated and operated in accordance with the performance
and quality assurance specifications contained in 40 CFR
60, Subpart A,
Appendix B and Appendix F.
(4)
Unless otherwise specified by the commissioner in a permit or order, the
averaging times for the following emission limitations shall be applicable to a
source that has or is required to have a continuous emissions monitor for NOx:
(A) For the emissions limitation is
subsection (e)(3), the period from October 1 to April 30, inclusive, including
all periods of operation, including startup shutdown, and malfunction;
and
(B) For any other emission
limitation contained in this section, twenty-four (24) hours, measured from
midnight at the beginning of any day to midnight of the end of that day,
including all periods of operation, including startup, shutdown and
malfunction.
(l)
Reporting and record
keeping.
(1) The owner or operator of
a stationary source subject to this section, shall keep the following records:
(A) For an emergency engine, daily records of
operating hours of such engine, identifying the operating hours of emergency
and non-emergency use;
(B) For any
premises for which subsections (b)(2) or (b)(3) of this section applies,
records (e.g. fuel use, continuous emissions monitoring, operating hours) to
determine whether the NOx emissions from such premises on any day from May 1 to
September 30, inclusive, are in excess of one hundred thirty-seven (137) pounds
for premises located in a severe nonattainment area for ozone or two hundred
seventy-four (274) pounds for premises located in a serious nonattainment area
for ozone.
(C) Monthly and annual
records (e.g. fuel use, continuous emissions monitoring, operating hours) to
determine whether NOx emissions from such premises in any calendar year are in
excess of twenty-five (25) tons for premises located in a severe nonattainment
area for ozone or fifty (50) tons for premises located in a serious
nonattainment area for ozone;
(D)
Records of all tune-ups, repairs, replacement of parts and other
maintenance;
(E) Copies of all
documents submitted to the Commissioner pursuant to this section;
(F) For any source required to install,
calibrate, and operate a continuous emissions monitor for NOx under subdivision
(k)(3), all charts, electronically stored data, and printed records produced by
such continuous emissions monitor;
(G) Procedures for calculating NOx emission
rates in (B) and (C) above;
(H)
Records of the dates, times, and places of all emission testing required by
this section, the persons performing the measurements, the testing methods
used, the operating conditions at the time of testing, and the results of such
testing;
(I) For any source
required to install, calibrate, and operate a continuous emissions monitor for
NOx under subdivision (k)(3) of this section, records of all performance
evaluations, calibration checks and adjustments on such monitor; a record of
maintenance procedures; and all data necessary to complete the quarterly
reports required under subdivision (l)(4) of this section;
and
(J) Any other records or
reports required by an order or permit issued by the Commissioner pursuant to
this section.
(2) Within
thirty (30) days of the completion of emission tests conducted under the
requirements of subdivision (k)(1) of this section, the owner or operator of
such source shall submit a written report of the results of such testing to the
Commissioner.
(3) Within sixty (60)
days of the completion of certification tests conducted under the requirements
of subdivision (k)(3) of this section, the owner or operator of such source
shall submit a written report of the results of such testing to the
Commissioner.
(4) The owner or
operator of any source required to be equipped with a continuous emissions
monitor for NOx under subdivision (k)(3) of this section shall submit to the
Commissioner written quarterly reports of excess emissions and CEM
malfunctions. Such reports shall be submitted to the Commissioner on or before
January 30, April 30, July 30, and October 30 and shall include data for the
three calendar month period ending the month before the due date of the report.
For each period of excess emissions, such report shall include the date and
time of commencement and completion of such period, the magnitude and suspected
cause of the excess emissions and all actions taken to correct the excess
emissions. For each malfunction of the CEM system, such report shall include
the date and time of when the malfunction commenced and ended, and all actions
taken to correct the malfunction.
(5) The owner or operator of a stationary
source subject to this section shall retain all records and reports produced
pursuant to the requirements of this section for five (5) years. Such records
and reports shall be available for inspection at reasonable hours by the
Commissioner or the Administrator. Such records and reports shall be retained
at the source, unless the Commissioner approves in writing the use of another
location in the State.
(6) On or
before April 15 of each year, the owner or operator of a stationary source
subject to any requirement of subsections (d) to (i), inclusive, and subsection
(k) of this section, not otherwise submitting an annual compliance
certification pursuant to subsection (d) or (q) of section
22a-174-33 of the
Regulations of Connecticut State Agencies shall submit a report on NOx
emissions from such source, on a form provided by the Commissioner. The owner
or operator of a stationary source subject only to subsections (a) to (c),
inclusive, of this section and the provisions of this subsection, is not
required to submit a report on NOx emissions from such source when such source
is being used as described in subdivision (2) of subsection (c) of this
section.
(7) On or before April 15
of each year, or any other date as may be specified in an applicable permit or
order, the owner or operator of a stationary source subject to any requirements
of subsection (j) of this section shall submit an annual report on NOx
emissions from such source, on a form provided by the Commissioner.
(8) The Commissioner may use data recorded by
continuous emissions monitors for NOx and any other records and reports to
determine compliance with applicable requirements of this section.
(m)
Compliance plans.
(1) The owner or operator of a stationary
source subject to this subsection shall:
(A)
For a source subject to this section on or before May 1, 1994, submit a
compliance plan to the Commissioner by September 1, 1994, on forms provided by
the Commissioner. Such compliance plan shall document how such source will
comply with all applicable requirements of this section;
(B) For any source that becomes subject to
this section after May 1, 1994, submit a compliance plan within four months of
the date such source becomes subject to this section; and
(C) For any source that is subject to this
section to which the owner adds a stationary source subject to this section,
submit an amended compliance plan within four months of the date such new
stationary source becomes subject to this section.
(2) Any compliance plan submitted pursuant to
this subsection shall be submitted on forms provided by the Commissioner. Such
compliance plan shall include all sources subject to this section at the time
of submission and document how each such source will operate in compliance with
the applicable requirements of this section. Such compliance plan shall also
include a certification signed in accordance with section
22a-174-2 a(a)(4) of the
Regulations of Connecticut State Agencies.
(3) If a compliance plan does not contain all
measures necessary to comply with all requirements of this section, the
Commissioner may notify the owner or operator of such source of the deficiency.
Such owner or operator shall resubmit a revised compliance plan within thirty
(30) days of receipt of such notice.
(4) Notwithstanding the provisions of
subdivision (1) of this subsection, the owner or operator of a NOx Budget
Program source who is subject to a revised emission standard shall not be
required to submit a revised compliance plan unless the commissioner requests
so in writing.
(5) Notwithstanding
the provisions of subdivision (1) of this subsection, the owner or operator of
a Title V source that is subject to a Title V permit shall not be required to
submit a compliance plan under this subsection unless the commissioner, in
writing, requests such plan.