Conn. Agencies Regs. § 22a-174-33b

Current through December 4, 2024

Section 22a-174-33b - Limit on Premises-Wide Actual Emissions Below 80% of Title V Source Thresholds

(a)Definitions. For purposes of this section, the following definitions shall apply. Any term not defined shall be as defined in section 22a-174-1 of the Regulations of Connecticut State Agencies:

(1) "Annual" means a calendar year beginning on January 1^st and ending on December 31^st for any given year.

(2) "Asphalt plant" means any facility used to manufacture asphalt by mixing aggregate with asphalt cements or mixing recycled asphalt pavement with other additives.

(3) "Chemical manufacturing process" means all equipment which collectively functions to produce a product or isolated intermediate. A "chemical manufacturing process" includes, but is not limited to any, all, or a combination of reaction, recovery, separation, purification, or other activity, operation, manufacture, or treatment which are used to produce a product or isolated intermediate.

(4) "Common billing meter" means a utility meter that measures the total fuel consumption for multiple fuel burning combustion units that belong to the same group type and for which emissions are calculated using the same emission factors. For purposes of this definition, two or more boilers belong to the same group type, whereas a boiler and an emergency engine do not.

(5) "Concrete plant" means any facility used to manufacture concrete. For the purposes of this section, "concrete" means a composite material composed of fine and coarse aggregate bonded together in a fluid cement.

(6) "Day" means the calendar day; if any date specified in this section falls on a Saturday, Sunday, or legal holiday, such date shall be the next business day thereafter.

(7) "Emergency engine" means "emergency engine", as defined in section 22a-174-22 e of the Regulations of Connecticut State Agencies.

(8) "Environmental testing laboratory" means all equipment which collectively is used to analyze air, soil, water or solid material samples for trace elements or contaminants.

(9) "EPA" means the United States Environmental Protection Agency.

(10) Reserved.

(11) "Non-metallic mineral processing plant" means "non-metallic mineral processing plant", as defined in 40 CFR 60.671.

(12) "Regulated air pollutant" means "regulated air pollutant", as defined in section 22a-174-33 of the Regulations of Connecticut State Agencies.

(13) "Research and development operation" means "research and development operation", as defined in section 22a-174-33 of the Regulations of Connecticut State Agencies.

(14) "Source of VOC or HAP" means any metal cleaning; can coating; coil coating; fabric and vinyl coating; metal furniture coating; paper, film and foil coating; wire coating; miscellaneous metal and plastic parts coating; graphic arts rotogravures and flexography; flexible package printing; offset lithographic printing; appliance coating; industrial solvent cleaning; spray equipment cleaning; pleasure craft coating; degreasing; motor vehicle fueling operation; or any other spray, dip coating or hand wiping operation; excluding chemical manufacturing processes.

(15) "Title V source thresholds" means those thresholds set forth in sections 22a-174-33(a)(10)(E) and (F) of the Regulations of Connecticut State Agencies.

(16) "VOC-containing material" means any ink, coating, diluent, additive, solvent, or other material which contains VOC and is used in a source of VOC or HAP.

(b)Applicability.

(1) Except as provided in subdivision (2) of this subsection, this section applies to the owner or operator of any premises who, in accordance with subsection (h)(1) of this section, has notified the commissioner of the owner or operator's commitment to limit the actual emissions from such premises below the thresholds listed in subsection (d)(1) of this section, provided that such emissions at the facility are from one or more of the following sources: equipment that conducts a chemical manufacturing process, an environmental testing laboratory, a source of VOC or HAP, a fuel burning combustion unit, a non-metallic mineral processing plant, a concrete plant or an asphalt plant.

(2) This section shall not apply to the owner or operator of any premises that is subject to:

(A) Any acid rain control requirement pursuant to 40 CFR 72 to 78 inclusive;

(B) Any solid waste combustion requirement pursuant to section 129(e) of the Act;

(C) A Title V operating permit issued by the commissioner pursuant to section 22a-174-33 of the Regulations of Connecticut State Agencies or by the Administrator pursuant to 40 CFR 70 or 71; or

(D) Section 22a-174-33 a of the Regulations of Connecticut State Agencies.

(c)Duty to comply with this section.

(1) The owner or operator of any premises who satisfies the applicability criteria of subsection (b)(1) of this section shall comply with all conditions and applicable requirements of this section until such time the owner or operator submits a notification to the commissioner, in accordance with subsection (h)(2) of this section, of cessation to operate a premises pursuant to this section.

(2) The terms and conditions of this section shall not supersede more stringent emissions limitations established in any order or permit issued by the commissioner pursuant to section 22a-174 of the Connecticut General Statutes.

(d)Emissions requirements.

(1) No owner or operator of any premises operating in accordance with this section shall cause or allow the emission of any regulated air pollutant during each and every consecutive 12 month period to be equal to or exceed the following

(A) For any regulated air pollutant that is not a HAP, Volatile Organic Compound (VOC) or Nitrogen Oxides (NO_x): 80 tons;

(B) For any VOC or NO_x emitted in a serious ozone nonattainment area: 40 tons;

(C) For any VOC or NO_x emitted in a severe ozone nonattainment area: 20 tons;

(D) For any single HAP: 8 tons; and

(E) For any combination of HAPs: 20 tons.

(2) Notwithstanding the emissions requirements of subdivision (1) of this subsection, an owner or operator of any premises which is operating in accordance with a permit or order issued to implement section 22a-174-32 of the Regulations of Connecticut State Agencies shall continue to operate in accordance with such permit or order.

(3) For the purpose of determining the actual emissions from any premises at which a research and development operation is located, the owner or operator of such premises shall include the emissions from such research and development operation in the determination of the total actual emissions from such premises.

(4) Unless otherwise required by sections 22a-174-1 to 22a-174-99 of the Regulations of Connecticut State Agencies, 40 CFR 60, 61 or 63, or by the commissioner pursuant to subparagraph (F) of this subdivision, the owner or operator of any premises operating in accordance with this section shall determine the actual emissions for each regulated air pollutant as follows:

(A) If data are available from CEM equipment, such data shall be used to determine the rate of emissions. Only CEM installed, operated, and certified in accordance with a permit or order, regulation issued or administered by the commissioner or the Administrator, or a commissioner approved voluntarily installed CEM may be used to satisfy the requirements of this subdivision;

(B) If the data in subparagraph (A) of this subdivision are unavailable but stack testing data are available, such stack testing data shall be used to determine the rate of emissions, provided such testing was conducted in accordance with protocols approved in writing by the commissioner or the Administrator in advance of testing and a representative of the commissioner or the Administrator was provided the opportunity to witness such testing;

(C) If the data in subparagraphs (A) and (B) of this subdivision are unavailable, the rate of emissions shall be calculated using data supplied by the manufacturer of the subject emissions unit or units, which data were derived from EPA approved emissions testing of such unit performed by or for the manufacturer;

(D) If the data in subparagraphs (A), (B) and (C) of this subdivision are unavailable, the rate of emissions shall be calculated using data derived from an analysis of pertinent material balances;

(E) If the data in subparagraphs (A), (B), (C) and (D) of this subdivision are unavailable:

(i) The rate of emissions shall be calculated using the data or emissions estimation technique from the following EPA publications that results in the highest rate of emissions:

(I) Compilation of Air Pollutant Emission Factors (AP-42),

(II) AIRS Facility Subsystem Emission Factors, or

(III) The Emission Inventory Improvement Program (EIIP), or

(ii) Notwithstanding subsection (d)(4)(E)(i) of this section, for a chemical manufacturing process, the rate of emissions shall be calculated using the EIIP published by EPA; and

(F) If the data in subparagraphs (A), (B), (C), (D) and (E) of this subdivision are unavailable, the emission rate shall be calculated using another source of emissions data that is approved by the commissioner and the Administrator. Such approval shall be obtained prior to operating in accordance with this section.

(5) Only those control efficiency limitations which are practicably enforceable may be included in the calculation of actual emissions.

(6) Notwithstanding the availability of the data specified in subdivisions (4) and (5) of this subsection, the commissioner or Administrator may require the use of more reliable data, as determined by the commissioner or Administrator, as it becomes available or source specific air emissions testing in accordance with section 22a-174-5 of the Regulations of Connecticut State Agencies or as required by the Administrator under the authority of the Act.

(e)Monitoring requirements. The owner or operator of any premises operating in accordance with this section shall monitor:

(1) VOC or HAP emissions from a source of VOC or HAP by use of record keeping in accordance with subsection (f)(2)(B) of this section.

(2) VOC or HAP emissions from a chemical manufacturing process by use of:

(A) Record keeping in accordance with subsection (f)(2)(C) of this section;

(B) For a chemical manufacturing process for which actual emissions are calculated in accordance with subsection (d)(4)(E)(ii) of this section:

(i) A temperature monitoring device that measures the temperature of each vent condenser used hourly during vessel depressurization for each continuous process, and

(ii) A temperature monitoring device that measures the temperature of each vent condenser during each batch produced for each batch process;

(C) A temperature monitoring device that measures the average storage temperature for each storage tank that is heated; and

(D) Implement a leak detection program that measures fugitive equipment leaks.

(3) Emissions from a fuel burning combustion unit by the use of:

(A) CEM in accordance with the requirements of an applicable permit, order, statute or regulation or a commissioner approved voluntarily installed CEM, as applicable, and record keeping in accordance with subsection (f)(2)(D) of this section;

(B) If monitoring as provided in subparagraph (A) of this subdivision is unavailable, a unit specific emission rate established through commissioner approved emissions testing in accordance with requirements of an applicable permit, order, statute or regulation, or commissioner approved voluntary testing, as applicable, fuel consumption through a dedicated non-resettable fuel flow meter or a common billing meter, and record keeping in accordance with subsection (f)(2)(D) of this section;

(C) If monitoring as provided in subparagraphs (A) and (B) of this subdivision is unavailable, a manufacturer provided emission rate derived from EPA approved emissions testing of such unit performed by or for the manufacturer, fuel consumption through a dedicated non-resettable fuel flow meter or a common billing meter, and record keeping in accordance with subsection (f)(2)(D) of this section; or

(D) If monitoring as provided in subparagraphs (A), (B) and (C) of this subdivision is unavailable, an AP-42 emission factor, as specified in subsection (d)(4)(E)(i) of this section, fuel consumption through a dedicated non-resettable fuel flow meter or a common billing meter, and record keeping in accordance with subsection (f)(2)(D) of this section.

(E) Notwithstanding the monitoring requirements of subparagraphs (B), (C) and (D) of this subdivision, for a fuel combustion source that is an emergency engine which has maximum uncontrolled emissions of less than 15 tons per year for each regulated air pollutant that is not a HAP, or an emergency engine that is operated pursuant to section 22a-174-3 b of the Regulations of Connecticut State Agencies, the owner or operator of any premises operating in accordance with this section may monitor hours of operation through a dedicated non-resettable hour meter in lieu of monitoring fuel consumption through a dedicated non-resettable fuel flow meter or a common billing meter. The owner or operator shall use the emergency engine's maximum rated capacity and records of the unit's operating hours to calculate fuel consumption for the emergency engine.

(4) PM₁₀ and NO_x emissions from a non-metallic mineral processing plant, concrete plant or asphalt plant by use of:

(A) Record keeping in accordance with subsection (f)(2)(E) of this section;

(B) A dedicated non-resettable fuel meter for each piece of fuel burning equipment; and

(C) A weigh scale or belt, or other equivalent measuring device or system, to measure process throughput for each piece of equipment.

(5) VOC or HAP emissions from an environmental testing laboratory by use of record keeping in accordance with subsection (f)(2)(F) of this section.

(f)Record keeping requirements.

(1) The owner or operator of any premises operating in accordance with this section shall make and maintain records necessary to calculate the actual emissions of regulated air pollutants emitted from each emissions unit, grouped emissions unit, or other logical grouping. The records shall allow for such calculations for all regulated air pollutants identified in subsection (d)(1) of this section. Such records shall include the following:

(A) A list of all emissions units, air pollution control equipment, and emission monitoring equipment at the premises, including the following for each unit or equipment:

(i) A description,

(ii) Maximum rated capacity, if applicable,

(iii) Installation date (or estimation if unknown),

(iv) Removal date, if applicable, and

(v) If emissions units and associated equipment are located in more than one building on the premises, information on the location.

(B) A log for each month that shall include:

(i) The total amount of fuels, solvents, coatings, raw materials, or other such material, used by each emissions unit during each month,

(ii) An identification of such fuels, solvents, coatings, raw materials, or other such material used, by each emissions unit during each month,

(iii) The actual operating hours of each emissions unit during each month, as necessary to calculate emissions,

(iv) Any other documentation the commissioner deems necessary to reliably calculate the emission of air pollutants regulated under this section, and

(v) All purchase orders, invoices, Material Safety Data Sheets, test results or other documents necessary to verify information and calculations in the monthly log.

(C) A log of annual actual emissions of each regulated air pollutant emitted from the premises, including a detailed description of the methodology the owner or operator used to calculate such emissions and the basis thereof.

(D) A copy of any notification or report submitted to the commissioner pursuant to this section, including applicable attachments.

(2) In addition to the requirements of subdivision (1) of this subsection, the owner or operator of any premises operating in accordance with this section shall make and maintain the following records:

(A) Total monthly and consecutive 12 month period actual emissions for each regulated air pollutant from the premises.

(B) For each source of VOC or HAP:

(i) Name and description of each VOC-containing material or HAP-containing material used,

(ii) Density of each VOC-containing material or HAP-containing material used in pounds per gallon,

(iii) VOC content of each VOC-containing material, by weight, as supplied and as applied, and the associated calculations, if as applied is different than as supplied,

(iv) Water and exempt VOC content of each VOC-containing material, as applied, by weight and volume, and the associated calculations,

(v) HAP content of each HAP-containing material, by weight, as supplied and as applied, and the associated calculations, if as applied is different than as supplied,

(vi) A Material Safety Data Sheet, Environmental Data Sheet, Certified Product Data Sheet, or an equivalent data sheet for each VOC-containing material or HAP-containing material used,

(vii) Monthly and consecutive 12 month period amounts of each VOC-containing material or HAP-containing material used in gallons or pounds,

(viii) Monthly and consecutive 12 month period amounts of each VOC-containing material or HAP-containing material manifested as waste and associated waste characterizations,

(ix) Documentation of control device efficiency and capture efficiency, if applicable, using an applicable EPA reference method or alternate method as approved by the commissioner and the Administrator,

(x) Date and type of maintenance performed on air pollution control equipment, if applicable, and

(xi) Monthly and consecutive 12 month period VOC and HAP actual emissions, and the associated calculations.

(C) For each chemical manufacturing process:

(i) Name and description of each VOC-containing material or HAP-containing material used,

(ii) Density of each VOC-containing material or HAP-containing material used in pounds per gallon,

(iii) VOC content of each VOC-containing material, by weight, as supplied and as applied, and the associated calculations, if as applied is different than as supplied,

(iv) Water and exempt VOC content of each VOC-containing material, as applied, by weight and volume, and the associated calculations,

(v) HAP content of each HAP-containing material, by weight, as supplied and as applied, and the associated calculations, if as applied is different than as supplied,

(vi) A Material Safety Data Sheet, Environmental Data Sheet, Certified Product Data Sheet, or an equivalent data sheet for each VOC-containing material or HAP-containing material used,

(vii) For each chemical manufacturing process for which actual emissions are calculated in accordance with subsection (d)(4)(D) of this section:

(I) Monthly and consecutive 12 month period amounts of each VOC-containing material or HAP-containing material used in gallons or pounds, and

(II) Monthly and consecutive 12 month period amounts of each VOC-containing material or HAP-containing material manifested as waste and associated waste characterizations,

(viii) For each chemical manufacturing process for which actual emissions are calculated in accordance with subsection (d)(4)(E)(ii) of this section:

(I) Records of the temperature of each vent condenser used hourly during vessel depressurization for each continuous process, and

(II) Records of the temperature of each vent condenser during each batch produced for each batch process,

(ix) For each storage tank:

(I) Monthly records of the amount and type of material transferred to each tank,

(II) Monthly records of the average storage temperature for each storage tank that is heated, and

(III) Records of each time a drum of carbon used for vent control is replaced,

(x) For fugitive equipment leaks:

(I) An inventory of equipment leak components at the premises including the component type, component service and stream composition,

(II) Records of leak detection measurements used to estimate fugitive equipment leaks,

(III) Monthly records of the hours of service for each equipment leak component unless 24 hours per day and 7 days per week is assumed, and

(IV) Records of each leak detected including those detected during required leak detection monitoring, a description of all corrective actions taken, and the dates of such actions, if applicable,

(xi) Documentation of control device efficiency and capture efficiency, if applicable, using an applicable EPA reference method or alternate method as approved by the commissioner and the Administrator,

(xii) Date and type of maintenance performed on air pollution control equipment, if applicable,

(xiii) Calculations showing the derivation of actual emissions, and

(xiv) Monthly and consecutive 12 month period records of actual emissions, and the associated calculations.

(D) For each fuel burning combustion unit:

(i) A log of CEM data, if applicable,

(ii) A copy of emissions test results, if applicable,

(iii) A copy of manufacturer emissions data records, if applicable,

(iv) A log of monthly and consecutive 12 month period fuel consumption, and

(v) A log of monthly and consecutive 12 month period actual emissions, and the associated calculations.

(E) For each piece of equipment in a non-metallic mineral processing plant, concrete plant or asphalt plant:

(i) A log of the quantity of fuel used, in gallons or cubic feet, for each day, month and each consecutive 12 month period,

(ii) For each nongaseous fuel shipment received, record of the sulfur content as a percent by weight, dry basis, and type of fuel,

(iii) A log of the quantity of materials processed, in tons, for each day, month and consecutive 12 month period, and

(iv) A log of the monthly and consecutive 12 month period PM₁₀ and NO_x actual emissions, and the associated calculations.

(F) For each environmental testing laboratory: