Connecticut Administrative Code
Title 22a - Environmental Protection
174 - Abatement of Air Pollution
Section 22a-174-19a - Control of sulfur dioxide emissions from power plants and other large stationary sources of air pollution
Universal Citation: CT Reg of State Agencies 22a-174-19a
Current through March 14, 2024
(a) Definitions. For purposes of this section:
(1) "Affected state" means "affected states"
as defined in section
22a-174-1 of the
Regulations of Connecticut State Agencies.
(2) "Affected unit" means a fossil-fuel
fired:
(A) Stationary source that serves a
generator with a nameplate capacity of 15 MW or more; or
(B) Boiler or indirect heat exchanger with a
maximum heat input capacity of 250 MMBtu/hr or more.
(3) "Average emissions rate" means a
determination of the rate of SO2 emissions, measured in
pounds of SO2 per MMBtu, in any calendar quarter from
either a single affected unit or from two or more affected units. Average
emissions rate for a single unit is calculated by dividing the total quarterly
SO2 emissions, in pounds, from such unit by the total
quarterly heat input, in MMBtu, for such unit. Average emissions rate for two
or more units is calculated by dividing the total quarterly
SO2 emissions, in pounds, from all such units by the
total quarterly heat input, in MMBtu, for all such units.
(4) "Boiler" means an enclosed fossil-or
other-fuel-fired combustion device used to produce heat and to transfer heat to
recirculating water, steam or other medium.
(5) "Calendar quarter" means the period of
January 1 to March 31, inclusive, April 1 to June 30, inclusive, July 1 to
September 30, inclusive or October 1 to December 31, inclusive.
(6) "Connecticut State
SO2 Retirement Account" means a general allowance
tracking system account established by the commissioner under
40 CFR
73.31 for the purpose of permanently holding
SO2 allowances retired by the owners or operators of
affected units in accordance with the provisions of subsection (d) of this
section.
(7) "Continuous emissions
monitoring system" or "CEMS" means any equipment used to sample, analyze and
measure SO2 emissions to provide a permanent record of
such emissions expressed in pounds per MMBtu.
(8) "Emissions unit" means "emission unit" as
defined in section
22a-174-1 of the
Regulations of Connecticut State Agencies.
(9) "Indirect heat exchanger" means
combustion equipment in which the flame or products of combustion are separated
from any contact with the principal material in the process by metallic or
refractory walls, and that emits exhaust gases only through a stack. "Indirect
heat exchangers" include, but are not limited to, steam boilers, vaporizers,
melting pots, heat exchangers, column reboilers, fractioning column feed
preheaters, reactor feed preheaters, pyrolysis heaters and fuel-fired
reactors.
(10) "MMBtu" means
million BTU of heat input.
(11)
"Retire" or "retirement" when referring to SO2
allowances, means the permanent withdrawal of SO2
allowances by the Administrator from any allowance tracking system account to
the Connecticut SO2 Allowance Retirement Account in an
amount equal to the number of tons of SO2 emitted by
each affected unit.
(12) "Sulfur
dioxide" or "SO2" means a gas that at standard
conditions has the molecular form SO2.
(13) "Title IV SO2
allowance" or "SO2 allowance" means an authorization
allocated to a Title IV source by the Administrator, pursuant to Title IV of
the federal Clean Air Act (
42 USC
7651d, et seq.) and 40 CFR Parts 72 and 73,
to emit up to one ton of SO2 during or after a specified
calendar year.
(14) "Title IV
source" means an affected unit that is also subject to Phase II of the acid
rain control requirements set forth in Title IV of the federal Clean Air Act (
42 USC
7651d, et seq.).
(b) Applicability. This section shall apply to the owner or operator of any affected unit.
(c) Reserved.
(d) Additional Emission Reduction Requirements.
(1) No later than the
following March 1, for each calendar year, the owner or operator of each
affected unit that is also a Title IV source shall retire one
SO2 allowance, rounded up to the next whole ton, for
each ton of SO2 emitted in the state of Connecticut.
This requirement is in addition to any other requirements imposed on the owner
or operator of a Title IV source by the Administrator under 40 CFR 72 and
73.
(2) The owner or operator of an
affected unit shall retire the necessary amount of SO2
allowances by requesting that the Administrator transfer such allowances to the
Connecticut State SO2 Retirement Account established by
the commissioner pursuant to
40 CFR
73.31 and administered by the federal
Environmental Protection Agency under the provisions of 40 CFR Parts 72 and 73.
The transfer of SO2 allowances in accordance with the
provisions of this subdivision shall occur by March 1 for emissions occurring
in the previous calendar year.
(3)
Any SO2 allowance retired in accordance with the
provisions of this subsection shall be an allowance originally issued by the
Administrator to a Title IV source located in the state of Connecticut or in
any affected state.
(e) Sulfur dioxide emissions standards and fuel sulfur limits. The owner or operator of an affected unit shall:
(1) Combust liquid fuel, gaseous fuel or a
combination of each provided that each fuel possess a fuel sulfur limit of
equal to or less than 3000 ppm (0.3 % sulfur, by weight);
(2) Meet an average emission rate of equal to
or less than 0.33 pounds SO2 per MMBtu for each calendar
quarter for an affected unit at a premises; or
(3) Meet an average emission rate of equal to
or less than 0.3 pounds SO2 per MMBtu calculated for
each calendar quarter, if such owner or operator averages the emissions from
two or more affected units at a premises.
(f) Reserved.
(g) Fuel Emergencies.
(1) The commissioner may suspend the
requirements of subsection (e) of this section for the owner or operator of any
affected unit using a low-sulfur fuel. For the purposes of this subsection, a
low-sulfur fuel is any solid, liquid or gaseous fuel with a sulfur content
equal to or less than 3000 ppm (0.3% by weight). Such suspension shall be made
only when the commissioner finds that the availability of fuel that complies
with such requirements is inadequate to meet the needs of residential,
commercial and industrial users in this state and that such inadequate supply
constitutes an emergency.
(2) The
commissioner shall specify in writing the period of time for which the
suspension described in subdivision (1) of this subsection shall be in
effect.
(3) No later than thirty
days after the termination of any suspension of fuel sulfur limits made
pursuant to this subsection, the owner or operator of an affected unit or units
shall report to the commissioner in writing the amount of
SO2 emissions in excess of those that would have
occurred had the use of compliant fuel at the affected source not been
interrupted. If such excess SO2 emissions from any
premises exceed fifty tons, the commissioner may require that the owner or
operator of such affected unit or units offset such SO2
emissions.
(h) Reserved.
(i) Record keeping.
(1) The owner or
operator of an affected unit who demonstrates compliance with this section by
meeting the applicable fuel sulfur limits of subsection (e)(1) of this section
shall make and keep records in accordance with the following:
(A) If fuel with sulfur content not exceeding
an applicable fuel sulfur limit is the only fuel purchased and combusted by an
affected unit, then the owner or operator shall make and keep records that
demonstrate the fuel sulfur content of each shipment of fuel received;
or
(B) If fuel with sulfur content
above any applicable limit is blended at the premises for combustion in an
affected unit or units, the owner or operator shall make and keep daily records
demonstrating that all fuel combusted at the affected unit or units meets the
applicable fuel sulfur limits of subsection (e)(1) of this section. Fuel sulfur
analysis shall be conducted in accordance with the American Society for Testing
and Material (ASTM) test method D4294 and automatic sampling equipment shall
conform to ASTM test method D4177-82, or a more recent version of the same
method. (Copies of ASTM test methods referenced in this section may be obtained
from the Department of Environmental Protection, Bureau of Air Management, 79
Elm Street, 5th floor, Hartford, CT 06106-5127; (860) 424-3027).
(2) The owner or operator of an
affected unit who demonstrates compliance with this section by meeting the
average SO2 emission rate limits of subsections (e)(2)
or (e)(3) of this section shall make and keep records in accordance with the
following:
(A) For affected units that are
also Title IV sources, hourly SO2 emission rate values
determined from data measured by a CEMS in accordance with the applicable
provisions of 40 CFR 75;
(B) For
affected units that are not Title IV sources:
(i) hourly SO2
emission rate values determined from data measured by a CEMS in accordance with
the applicable provisions of either 40 CFR 60 or 75, or
(ii) if any affected unit does not have a
CEMS in accordance with either 40 CFR 60 or 75, then hourly
SO2 emission rate values determined from data measured
by a CEMS or other monitoring system; and
(C) For all affected units, quarterly
facility SO2 emission rate averages, determined by
dividing total quarterly SO2 emissions by total
quarterly heat input values for all affected units at the facility.
(3) The owner or operator of an
affected unit shall keep the records specified in subdivision (1) or (2) of
this subsection at the premises for a period of five years.
(j) Reporting requirements.
(1) The owner or operator
of an affected unit for which the commissioner has issued a final Title V
permit shall, as part of any compliance certification pursuant to section
22a-174-33(q)(2)
of the Regulations of Connecticut State Agencies, certify in writing to the
commissioner compliance with the applicable provisions of this section. Such
certification shall include actual quarterly SO2
emissions in tons and either average quarterly fuel sulfur content or average
quarterly emission rate, whichever is applicable, for each affected
unit.
(2) The owner or operator of
an affected unit for which the commissioner has not issued a final Title V
permit shall certify in writing to the commissioner that such owner or operator
is in compliance with the applicable provisions of this section on or before
March 1 of each year for the previous calendar year. Such certification shall
include actual quarterly SO2 emissions in tons and
either average quarterly fuel sulfur content or average quarterly emission
rate, whichever is applicable, for each affected unit.
(k) Duty to comply with the most stringent standards applicable to the affected units.
(1) Notwithstanding any provision of this
section to the contrary, if the owner or operator of an affected unit is
subject to a more stringent emission standard or limitation imposed by order,
permit or other applicable law, such owner or operator shall comply with the
most stringent emission limitation or standard.
(2) Notwithstanding any provision of this
section to the contrary, if the owner or operator of an affected unit is
subject to additional monitoring or reporting requirements imposed by order,
permit or other applicable law, such owner or operator shall comply with the
additional monitoring or reporting requirements.
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