Connecticut Administrative Code
Title 22a - Environmental Protection
174 - Abatement of Air Pollution
Section 22a-174-1 - Definitions

(1) "Act" means the Federal Clean Air Act, 42 USC Sections 7401 to 7671q and Public Law 101-549.

(2) "Actual emissions" has the same meaning as in 40 CFR 51.165(a)(1)(xii)(A) to (E), inclusive.

(3) "Administrator" means the Administrator of the United States Environmental Protection Agency.

(4) "Affected state or states" means the Commonwealth of Massachusetts, the States of New York, Rhode Island and any other state located within fifty (50) miles of a Connecticut Title V source.

(5) "Air pollutant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, aerosol, odorous substances, or any combination thereof, but does not include: Carbon dioxide, except in accordance with regulations adopted pursuant to sections 22a-174d, 22a-174j, or 22a-200b of the Connecticut General Statutes; the noble gases (helium, neon, argon, krypton, xenon or radon); uncombined water vapor or water droplets; molecular hydrogen expressed as H2; or molecular oxygen expressed as O2 or nitrogen.

(6) "Air pollution" means the presence in the ambient air of one or more air pollutants or any combination thereof in such quantities and of such characteristics and duration as to be, or likely to be, injurious to public welfare or the environment, to the health of human, plant or animal life, or to property, or as unreasonably to interfere with the enjoyment of life and property.

(7) "Air pollution control equipment" means any equipment which is designed to reduce emissions of air pollutants from a stationary source.

(8) "Allowable emissions" means "allowable emissions" as defined in 40 CFR 51.165(a)(1)(xi).

(9) "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

(10) "AAQS" or "ambient air quality standard" means any standard that establishes the largest allowable concentration of a specific pollutant in the ambient air as established by the Administrator in 40 CFR 50 or by the commissioner in section 22a-174-24 of the Regulations of Connecticut State Agencies.

(11) "Architectural coating" means a coating used for residential or commercial buildings and their appurtenances, or industrial buildings, or other outdoor structures.

(12) "ASTM" means the American Society for Testing and Materials.

(13) "Attainment" means that the quality of the ambient air, as determined by the Administrator, meets the Ambient Air Quality Standards for a given air pollutant.

(14) "Attainment area" means a geographic area which has been designated by the Administrator as attainment pursuant to 40 CFR 81 in accordance with the provisions of 42 USC 7407.

(15) "Baseline concentration" means "baseline concentration" as defined in 40 CFR 51.166(b)(13)(i) to (ii)(b), inclusive.

(16) "Best Available Control Technology" or "BACT" means an emission limitation, including a limitation on visible emissions, based upon the maximum degree of reduction for each applicable air pollutant emitted from any proposed stationary source or modification which the commissioner, on a case-by-case basis, determines is achievable in accordance with section 22a-174-3 a of the Regulations of Connecticut State Agencies. BACT may include, without limitation, the application of production processes, work practice standards or available methods, systems, and techniques, including fuel cleaning or treatment, the use of clean fuels, or innovative techniques for the control of such air pollutant.

(17) "Begin actual construction" means "begin actual construction" as defined in 40 CFR 51.165(a)(1)(xv).

(18) "Biodiesel fuel" means the liquid fuel composed of mono alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, which fuel conforms to ASTM D6751-08, Standard Specification for Biodiesel Fuel Blend Stock for Middle Distillate Fuels, or the current active version thereof.

(19) "Brush" means shrubs, vegetation or prunings, the diameter of which is not greater than three inches at the widest point.

(20) "BTU" means British thermal unit, which is the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit.

(21) "Burn-off oven" means a device that is used to remove coating, varnish, resin, or other material from metal parts or surfaces by the application of heat, provided that such device is:

(22) "Carbon dioxide equivalent emissions" or "CO2e" means an amount of GHGs emitted, computed as follows:

(23) "CAS Number" means the number given to a compound by the American Chemical Society's Chemical Abstract Service.

(24) "CFR" means the Code of Federal Regulations.

(25) "Combustion efficiency" means the percentage calculated in accordance with the following formula:

CE = [CO2]/[CO]+[CO2](100)

where: CE = Combustion efficiency in percent;

CO2 = Amount of carbon dioxide;

CO = Amount of carbon monoxide; and CO and CO2 are both measured in volume units.

(26) "Commence operation" means the owner or operator of the stationary source has begun or caused to begin, any activity which has the potential to emit any air pollutant.

(27) "Commence construction" means that the owner or operator of the proposed stationary source or proposed modification to a stationary source has all necessary permits or approvals required pursuant to the Act, any regulations adopted thereunder and section 22a-174-1, et seq. of the Regulations of Connecticut State Agencies, and has either:

(28) "Commissioner" means the Commissioner of Energy and Environmental Protection, or any member of the Department or any local air pollution control official or agency authorized by the commissioner, acting singly or jointly, to whom the commissioner assigns any function arising under the provisions of these regulations.

(29) "Construction" means "construction" as defined in 40 CFR 51.165(a)(1) (xviii).

(30) "CEM" or "Continuous emission monitoring" means a system for continuously measuring the emissions of any pollutant from a stationary source.

(31) "CERC" or "Continuous emissions reduction credit" means a real, quantifiable, surplus, permanent and enforceable reduction of an air pollutant at a source which is:

(32) "Criteria air pollutant" means any air pollutant for which an ambient air quality standard has been established by the Administrator in accordance with Section 107 of the Act.

(33) "Department" means the Department of Energy and Environmental Protection.

(34) "Dioxin emissions" means the total emissions of polychlorodibenzo-p-dioxins (PCDDs) and polychlorodibenzofurans (PCDFs) converted to the toxic equivalence amount of 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD). For the purposes of this definition, the commissioner shall determine the toxic equivalence amount of 2,3,7,8-TCDD by multiplying the concentration of each isomer in the sample by the appropriate Toxic Equivalency Factor (TEF) set forth in Table 1-1 and then adding the products to obtain the total dioxin emissions in the sample.

(35) "Discharge point" means any stack or area from which a hazardous air pollutant is released into the ambient air.

(36) "Dispersion technique" means "dispersion technique" as defined in 40 CFR 51.100(hh).

(37) "Distillate oil" or "distillate fuel oil" means any fuel oil of No. 1 or No. 2 grades, as defined by ASTM D396-09, Standard Specification for Fuel Oils, or the current active version thereof.

(38) "DERC" or "Discrete emission reduction credit" means the real, quantifiable, surplus, permanent, and enforceable reduction of an air pollutant at a source, which is:

(39) "Emission" means the release or discharge of an air pollutant into the ambient air from any source.

(40) "Emission limitation" and "Emission standard" means "emission limitation" and "emission standard" as defined in 40 CFR 51.100(z).

(41) "Emission unit" means "emission unit" as defined in 40 CFR 51.165(a)(1)(vii).

(42) "ERC" or "Emission reduction credit" means real, quantifiable, surplus, permanent, and enforceable reductions of air pollutant emissions from a source, when such reductions are certified by the commissioner through a SIP approved plan and recorded as CERCs or DERCs.

(43) "Excessive concentration" means "excessive concentration" as defined in 40 CFR 51.000(kk).

(44) "Federally enforceable" means "federally enforceable" as defined in 40 CFR 51.165(a)(1)(xiv).

(45) "Flare" means an apparatus, device, process, or procedure for the burning of flammable gases or vapors at or near the exit of a stack, flue or vent.

(46) "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.

(47) "Fugitive dust" means solid airborne particulate matter emitted from any source other than through a stack.

(48) "Fugitive emissions" means fugitive dust or those emissions that cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(49) "Good engineering practice (GEP) stack height" means "good engineering practice (GEP) stack height" as defined in 40 CFR 51.100(ii).

(50) "Greenhouse gases" or "GHGs" means the aggregate of the following six component gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), sulfur hexafluoride (SF6), any hydroflourocarbon (HFC) or any perfluorocarbon (PFC).

(51) "Hazardous air pollutant," "Federal hazardous air pollutant" or "HAP," except as otherwise provided in section 22a-174-29 of the Regulations of Connecticut State Agencies, means any air pollutant listed in section 112(b)(1) of the Act, inclusive of deletions and additions set out in 40 CFR Part 63 , Subpart C, as may be amended from time to time.

(52) "Hazard limiting value" or "HLV" means the highest acceptable concentration of a hazardous air pollutant in the ambient air, pursuant to section 22a-174-29 of the Regulations of Connecticut State Agencies. The primary use of this term is in the derivation of the maximum allowable stack concentration for a source.

(53) "Heat input" means the total gross calorific value of all fuels burned, measured in BTU by ASTM Method D2015-66, D240-64, or D1826-64, using the highest heating value of each fuel.

(54) "Incinerator" means any device, apparatus, equipment, slab, or structure used for destroying, reducing, or salvaging, by fire or heat, any material or substance including, but not limited to, refuse, rubbish, garbage, trade waste, debris or scrap; or facilities for cremating human or animal remains provided that, for the purposes of this definition, sources primarily combusting the following used oil types are not incinerators:

(55) "Indian governing body" has the same meaning as in 40 CFR 51.166(b)(28).

(56) "Indian reservation" means "Indian reservation" as defined in 40 CFR 51.166(b)(27).

(57) "Indirect-fired unit" means a unit in which the flame does not come into direct contact with the metal parts or surfaces to be cleaned.

(58) "Indirect source" means any building, structure, facility installation, or combination thereof, that has or leads to associated activity as a result of which an air pollutant is or may be emitted. Indirect sources include, but are not limited to: shopping centers, sports complexes, drive-in theaters or restaurants, parking lots or garages, residential, commercial, industrial or institutional buildings or developments, amusement parks and other recreational areas, highways, and airports.

(59) "Indirect source construction permit" means a permit issued by the commissioner authorizing the construction of an indirect source.

(60) "Innovative control technology" means "innovative control technology" as defined in 40 CFR 51.166(b)(19).

(61) "Internal offset" means any federally enforceable reduction of actual emissions from one or more stationary sources on the same premises which are used to offset potential emissions increases from a proposed stationary source on such premises in accordance with the provisions of section 22a-174-3 a(l) of the Regulations of Connecticut State Agencies.

(62) "LAER" or "Lowest Achievable Emission Rate" means "lowest achievable emission rate" as defined in 40 CFR 51.165(a)(1) (xiii).

(63) "Major modification" means "major modification" as defined in 40 CFR 51.165(a)(1)(v), provided that, for the purposes of this definition, the term "significant" has the same meaning as in 40 CFR 51.166(b)(23)(i) and:

(64) "Major source baseline date" means January 6, 1975 for particulate matter and sulfur dioxide; February 8, 1988 for nitrogen dioxide; and October 20, 2010 for PM2.5.

(65) "Major stationary source" means "major stationary source" as defined in 40 CFR 51.165(a)(1)(iv), provided that:

(66) "Malfunction" means "malfunction" as defined in 40 CFR 60.2.

(67) "MACT" or "Maximum achievable control technology" means a method of achieving an emission limitation or reducing the emission of hazardous air pollutants as determined by the commissioner pursuant to section 22a-174-33(e) of the Regulations of Connecticut State Agencies or by the Administrator pursuant to 40 CFR 63.

(68) "Maximum allowable stack concentration" or "MASC" is the maximum allowable concentration of a hazardous air pollutant in the exhaust gas stream at the discharge point of a stationary source under actual operating conditions.

(69) "Maximum capacity" means the design maximum hourly capacity of a stationary source or highest demonstrated hourly capacity of a stationary source, whichever is greater, multiplied by 365 days per year and 24 hours per day, or some other time period as may be accepted by the commissioner.

(70) "Maximum uncontrolled emissions" means the rate of emissions for a source, determined without the application of air pollution control equipment unless the source is incapable of being operated without the air pollution control equipment, of a particular air pollutant where such rate is calculated using:

(71) "Minor permit modification" means a change to a permit that is required for the permittee to lawfully engage in any of the activities or proposed activities at a stationary source as identified in section 22a-174-2 a(e) of the Regulations of Connecticut State Agencies.

(72) "Minor source" means any stationary source which emits, and has the potential to emit, pollutants at rates or in amounts lower than those specified in subdivision (63) of this section.

(73) "Minor source baseline date" means June 7, 1988 for particulate matter, August 24, 2014 for fine particulate matter (PM2.5), December 17, 1984 for sulfur dioxide and June 7, 1988 for nitrogen dioxide.

(74) "Mobile source" means a source designed or constructed to move from one location to another during normal operation except portable equipment and includes, but is not limited to, automobiles, buses, trucks, tractors, earth moving equipment, hoists, cranes, aircraft, locomotives operating on rails, vessels for transportation on water, lawnmowers, and other small home appliances.

(75) "Modification" or "modified source" means with respect to a stationary source, any physical change or change in the method of operation that would result in an exceedance of the allowable emissions of any individual air pollutant, any increase in the maximum capacity, or any potential emissions of any individual air pollutant not previously emitted, except that:

(76) "Monitoring" means any action or procedure that is used to determine actual emissions from a stationary source or compliance with the requirements of any permit, order, statute or regulation.

(77) "Net emissions increase" means "net emissions increase" as defined in 40 CFR 51.165(a)(1)(vi) provided that:

(78) "Nitrogen oxides" or "NOx" means the sum of all oxides of nitrogen, expressed as nitrogen dioxide.

(79) "Non-attainment" means that the quality of the ambient air, as measured by the commissioner, fails to meet any Ambient Air Quality Standard for a given pollutant for which such standards have been established by the United States Environmental Protection Agency.

(80) "Non-attainment air pollutant" means the particular air pollutant for which an area is designated as a non-attainment area, except that volatile organic compounds and nitrogen oxides are non-attainment air pollutants for ozone non-attainment areas.

(81) "Non-attainment area" means a geographic area which has been designated as nonattainment pursuant to 40 CFR 81 in accordance with the provisions of 42 USC 7407 (section 107 of the Act).

(82) "Non-minor permit modification" means a change to a permit that is required for the permittee to lawfully engage in any of the activities or proposed activities at a stationary source as identified in section 22a-174-2 a(d) of the Regulations of Connecticut State Agencies.

(83) "Offset fill pipe" means a fill pipe that has bends or angles such that a straight sleeve cannot be installed.

(84) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

(85) "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 a stack or flue.

(86) "Operator" means the person or persons who are legally responsible for the operation of a source of air pollution.

(87) "Organic compounds" means any chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate.

(88) "Particulate matter" or "PM" means any material, except water in uncombined form that is or has been airborne and exists as a liquid or a solid in the ambient air.

(89) "PM 2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method set forth in 40 CFR 50, Appendix L, and designated as a reference method in accordance with 40 CFR 53 or by an equivalent method approved by the Administrator in accordance with 40 CFR 53.

(90) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method set forth in 40 CFR 50, Appendix J, and designated as a reference method in accordance with 40 CFR 53 or by an equivalent method approved by the Administrator in accordance with 40 CFR 53.

(91) "Permit" means any license issued pursuant to Chapter 446c of the Connecticut General Statutes.

(92) "Person" means "person" as defined in section 22a-170 of the Connecticut General Statutes.

(93) "Potential emissions" or "potential to emit" means the maximum capacity of a stationary source, including all physical and operational limitations, to emit any air pollutant, including fugitive emissions to the extent quantifiable, provided that:

(94) "Practicably enforceable" means:

(95) "Premises" means the grouping of all stationary sources at any one location and owned or under the control of the same person or persons.

(96) "Process changes to control air pollution" means any modification that alters or implements production processes or available methods, including fuel switching, systems, techniques, work practice standards, operational standards or a combination thereof which is designed and implemented for the primary purpose of reducing emissions of air pollutants from a stationary source.

(97) "Process source" means any operation, process, or activity except:

(98) "Reasonably Available Control Technology" or "RACT" means the lowest emission limitation that a particular stationary source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

(99) "Reconstruct" or "reconstruction" means the renovation or re-building of a stationary source in accordance with the provisions of 40 CFR 60.15. A reconstructed stationary source shall be considered a new stationary source. The use of an alternative fuel or raw material by reason of an order in effect pursuant to sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974, or superseding legislation, or by reason of a Natural Gas Curtailment Plan pursuant to the Federal Power Act, or by reason of an order or rule pursuant to section 125 of the Clean Air Act, shall not be considered reconstruction.

(100) "Region" means a Connecticut intrastate Air Quality Control Region or the Connecticut portion of an interstate Air Quality Control Region as defined by the EPA in 40 CFR 81.

(101) "Residual oil" means any fuel oil of No. 4, No. 5, or No. 6 grades, as defined by ASTM D396-09, Standard Specification for Fuel Oils, or the current active version thereof.

(102) "Resources recovery facility" means "resources recovery facility" as defined in section 22a-207(9) of the Connecticut General Statutes.

(103) "Ringelmann chart" means the chart published and described in the U.S. Bureau of Mines Information Circular 8333.

(104) "Secondary emissions" mean "secondary emissions" as defined in 40 CFR 51.165(a)(1) (viii).

(105) "Serious non-attainment area for ozone" means all towns within the State of Connecticut, except those towns located in the severe non-attainment area for ozone.

(106) "Severe non-attainment area for ozone" means the towns of Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Bridgewater, Brookfield, Cheshire, Chester, Clinton, Cromwell, Danbury, Darien, Deep River, Derby, Durham, East Haddam, East Hampton, East Haven, Easton, Essex, Fairfield, Greenwich, Guilford, Haddam, Hamden, Killingworth, Madison, Meriden, Middlebury, Middlefield, Middletown, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, New Milford, Newtown, North Branford, North Haven, Norwalk, Old Saybrook, Orange, Oxford, Portland, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, Westbrook, West Haven, Weston, Westport, Wilton, Wolcott and Woodbridge.

(107) "Solid waste" means unwanted or discarded materials, including solid, liquid, semisolid, or contained gaseous material.

(108) "Source" means any property, real or personal, which emits or may emit any air pollutant.

(109) "Stack" means "stack" as defined in 40 CFR 51.100(ff), provided that stack shall also include a flare.

(110) "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 mmHg).

(111) "State" as used in the phrase "any other state" means state, region, territory, commonwealth, military reservation, or Indian reservation.

(112) "State implementation plan" or "SIP" means a plan required by section 110 of the Act which has been approved by the Administrator.

(113) "Stationary source" means "stationary source" as defined in 40 CFR 51.165(a)(1)(i) and (ii), provided that any portable emissions unit which is moved from site to site but remains stationary during operation is a stationary source.

(114) "Stripping facility" means any stationary source, except air pollution control equipment, the primary purpose of which is to remove organic compounds from water, soil or any other material.

(115) "Submerged fill pipe" means any fill pipe the discharge opening of which remains entirely submerged when the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid.

(116) "Subregion" means a subdivision of a Region, as determined by the commissioner.

(117) "Tank" means any vessel for containing liquids or gases.

(118) "Title V source" means "Title V source" as defined in 22a-174-33 of the Regulations of Connecticut State Agencies.

(119) "Throughput" means the rate, by volume or mass, of production in a manufacturing process, where the combined quantities of all materials introduced into the process, excluding air and water, are used to determine such rate.

(120) "Total suspended particulate" means particulate matter as measured by the method described in 40 CFR 50, Appendix B.

(121) "Unclassifiable area" means a geographic area which has not been designated either as an attainment area or a non-attainment area pursuant to 40 CFR 81 in accordance with the provisions of section 107 of the Clean Air Act.

(122) "Volatile organic compound" or "VOC" means "volatile organic compound" as defined in 40 CFR 51.100(s), as amended from time to time.

(123) "Waste water separator" means any tank, box, sump, or other container in which any volatile organic compound floating on or entrained or contained in water entering such tank, box, sump, or another container is physically separated and removed from such water prior to outfall, drainage, or recovery of such water.

(124) "Watercourse" means "watercourses" as defined in 22a-38(16) of the Connecticut General Statutes.