Sec.22a-174-29. Hazardous air pollutants

(a) "Hazard Limiting Values" and "Ambient Air Quality Standards"

(1) "Hazard Limiting Values" (HLV)’s for "Hazardous Air Pollutants" for 8-hour and 30-minute averaging times are listed in Tables 29-1, 29-2, and 29-3. "Ambient Air Quality Standards" (AAQS) are listed in section 22a-174-24.

(2) For a "hazardous air pollutant" or other "air pollutant" for which either a "HLV" or an "AAQS" has not yet been established by the "Commissioner," the "Commissioner" may request the Commissioner of Health Services to propose changes to Tables 29-1, 29-2 or 29-3 or to section 22a-174-24, to provide supporting documentation for his selection, and to submit it for review by the "Hazardous Air Pollutant Advisory Panel" within ninety (90) days of receipt of the request of the "Commissioner."

(3) The "Commissioner" shall request the "Panel" to review the proposal and supporting documentation and to make a recommendation to the "Commissioner" to approve, modify or decline to accept the proposal within ninety (90) days of receipt. Within sixty (60) days of receipt of the recommendation of the "Panel," the "Commissioner" shall announce a hearing for a new "HLV" to be included in Tables 29-1, 29-2, or 29-3 or "AAQS" for section 22a-174-24.

(b) Maximum Allowable Stack Concentrations.

(1) On or after October 1, 1986, no person shall cause or permit the emission of any hazardous air pollutant listed in Table 29-1 from any stationary source at a concentration at the discharge point in excess of the maximum allowable stack concentration, unless the stationary source is operating in accordance with the terms of an order or permit of the commissioner specifically allowing the continued operation of the stationary source in violation of this subdivision while coming into compliance or the source is in compliance with the provisions of subsection (d)(3) of this section.

(2) No person, who is required to maintain compliance with a permit under section 22a-174-3a of the Regulations of Connecticut State Agencies shall cause or permit the emission of any hazardous air pollutant listed in Table 29-1, 29-2 or 29-3 of this section from any stationary source or modification at a concentration at the discharge point in excess of the maximum allowable stack concentration unless such source is in compliance with the provisions of subsection (d)(3) of this section. The owner or operator of a stationary source who was issued a permit under former section 22a-174-3 of the Regulations of Connecticut State Agencies prior to July 1, 1986 shall be required to comply with Tables 29-2 and 29-3 of this section upon modification of such permit.

(3) If the owner or operator of a stationary source that emits or may emit a hazardous air pollutant is in compliance with the MASC at the discharge point of that source, but the commissioner determines, through ambient monitoring, that the HLV is exceeded, then the commissioner may require that the concentration of the hazardous air pollutant at the discharge point be further reduced.

(4) The owner or operator of any stationary source or modification not subject to the provisions of subdivision (2) or subdivision (6) of this subsection that emits or may emit a hazardous air pollutant shall comply with the requirements of subdivision (2) of this subsection if the commissioner determines, through ambient monitoring, that the HLV is exceeded as a result of the emissions from that stationary source.

(5) For the purposes of subdivisions (3) and (4) of this subsection, any person who performs ambient air monitoring shall use methods and procedures approved by the commissioner.

(6) The owner or operator of any incinerator shall not cause or permit the emission of any hazardous air pollutant listed in Table 29-1, 29-2 or 29-3 of this section from such incinerator at a concentration at the discharge point in excess of the maximum allowable stack concentration.

(c) Determination of "Maximum Allowable Stack Concentrations"

(1) The "maximum allowable stack concentration" of a "hazardous air pollutant" (in micrograms per cubic meter or parts per million) at the "discharge point" of a "stationary source" shall be determined as follows:

(A) If the "discharge point" is twenty (20) meters or less measured vertically from the ground elevation at the "discharge point," the "MASC" shall be:

Where "HLV" is the applicable "hazard limiting value" (in either micrograms per cubic meter or parts per million for 8-hour and 30-minute averaging times), "V₀" is the average actual flow rate (in actual cubic meters per second) from the "discharge point," and "X" is ten (10) meters, or the distance from the "discharge point" to the closest property line, whichever is greater.

(B) If the "discharge point" is more than twenty (20) meters measured vertically from the ground elevation at the "discharge point," the "maximum allowable stack concentration" ("MASC") shall be:

Where "HLV" is the applicable "hazard limiting value" (in micrograms per cubic meter or parts per million) for 8-hour and 30-minute averaging times, "V₀" is the average actual flow rate (in actual cubic meters per second) from the "discharge point," "H" is the height (in meters) of the "discharge point," measured vertically from the ground elevation at the "discharge point" and "Xmax" is the greater of the following distances:

(i) ten (10) meters

(ii) the closest distance, in meters, from the "discharge point" to the property line, or

(iii) the distance, in meters, determined by:

Where "H" is the height (in meters) of the "discharge point" measured vertically from the ground elevation at the discharge point.

(2) For the purposes of this subsection, in determining the distance from the "discharge point" to the property line the "Commissioner" may allow consideration for any "watercourse" adjacent to the property in question. The "Commissioner" may allow the use of the opposite shore in determining the closest distance to the property line.

(d) Ambient Air Quality Standards.

(1) The provisions of this subsection apply to any stationary source that emits an air pollutant for which there is an ambient air quality standard ("AAQS") found in section 22a-174-24 of the Regulations of Connecticut State Agencies except for any criteria air pollutant other than lead.

(2) If the source complies with the MASC and there is an applicable AAQS, then the owner or operator shall not cause or exacerbate a violation of the applicable AAQS unless the impact of the source is less than significant as listed in Table 3a(i)-1 set forth in section 22a-174-3a(i) of the Regulations of Connecticut State Agencies.

(3) If the source does not comply with the MASC and there is an applicable AAQS, then the owner or operator shall:

(A) Install and use Best Available Control Technology for the applicable hazardous air pollutant; and

(B) Not cause an impact in excess of the applicable AAQS if such impact is significant as listed in Table 3a(i)-1 set forth in section 22a-174-3a(i) of the Regulations of Connecticut State Agencies.

(4) Upon the request of the commissioner, the owner or operator of any stationary source shall make and submit to the commissioner, for his approval, a BACT determination for each hazardous air pollutant for which an AAQS has been set, as required by the commissioner, including costs estimates of all control options as may be specified by the commissioner.

(5) For the purposes of this subsection, the commissioner shall allow the use of only air quality models, data bases or other requirements approved by the commissioner prior to the determination of compliance with the AAQS.

(e) Sampling for Hazardous Air Pollutants.

(1) Testing to determine concentrations of hazardous air pollutants in the ambient air contiguous to a source may be required if the commissioner determines that the operation of a source might reasonably be expected to cause an exceedance of an applicable HLV or AAQS.

(2) In addition to any testing required by section 22a-174-5(e)(2) of the Regulations of Connecticut State Agencies, testing to determine concentrations of hazardous air pollutants at discharge points of sources may be required by the commissioner if:

(A) An exceedance of a HLV with an 8-hour averaging time is observed;

(B) Two (2) or more exceedances of a HLV with a 30-minute averaging time are observed within two (2) non-overlapping 8-hour periods within any seven (7)-day period;

(C) The source is required to meet the requirements of subdivision (b)(2) of this section;

(D) The emissions from a source are suspected of causing a violation of an AAQS;

(E) There is an enforcement action for violation of section 22a-174-20 or 22a-174-23 of the Regulations of Connecticut State Agencies; or

(F) The source is suspected of emitting a hazardous air pollutant listed in Table 29-1.

(3) Testing to determine concentrations of hazardous air pollutants at either discharge points of stationary sources or in the ambient air shall be conducted by the commissioner, the commissioner’s authorized representative or by persons qualified by training or experience in the field of sampling emissions from air pollution sources or in the ambient air. All sampling, emissions testing and laboratory analyses shall be done using procedures and techniques approved by the commissioner prior to the commencement of such testing.

(4) In addition to the provisions of subdivision (1) of this subsection, the commissioner shall perform testing for dioxin emissions in the ambient air in accordance with the requirements of this subdivision. The commissioner shall perform the following tests in the area of any resources recovery facility. The tests shall be representative of conditions existing prior to the commencement of operation and representative of conditions existing after the issuance of the permit to operate.

(A) For tests representative of conditions existing prior to the commencement of operation for each subject resources recovery facility the commissioner shall analyze at a minimum a total of eight (8) samples. At a minimum, such tests shall consist of the collection of samples at four locations deemed representative by the commissioner during four distinct time periods and the analysis of two samples for each time period for a total of eight samples. The commissioner shall make every effort to perform such testing once per calendar quarter prior to the commencement of operation.

(B) For tests representative of conditions existing after the issuance of a permit under section 22a-174-3a of the Regulations of Connecticut State Agencies for each subject resources recovery facility the commissioner shall analyze at a minimum a total of eight (8) samples. At a minimum, such tests shall consist of the collection of samples at four locations deemed representative by the commissioner during four distinct time periods and the analysis of two representative samples per calendar quarter for the first year following issuance of a permit under section 22a-174-3a of the Regulations of Connecticut State Agencies. Based upon an analysis of the ambient data, results of stack tests, data from the continuous emission monitors and other pertinent information, the commissioner shall determine a representative ambient sampling program for subsequent years. The commissioner shall provide notice of this determination to the chief elected official of each town participating in the subject resources recovery facility.

(f) Reporting Requirements

(1) The owner or "operator" of any "stationary source" shall, upon written notice by the "Commissioner," supply him with information, for those time periods specified, concerning the usage of any substances listed in Table 29-1, 29-2, or 29-3 or the emissions of such substances into the ambient air.

(2) Information required in subdivision (f) (1) shall be provided on forms issued for this purpose by the "Commissioner."

(3) If the "Commissioner" deems that emissions of a "hazardous air pollutant" from a "stationary source" are likely to result in a severe and imminent health hazard, information required in subdivision (f) (1) shall be submitted by the owner or "operator" of the "stationary source" as soon as possible but not later than forty-eight (48) hours after receiving written notice from the "Commissioner."

Nothing in this subdivision shall prevent the "Commissioner" from taking action in accordance with the provisions of Sec. 22a-181 C.G.S.

(4) Except as provided in subdivision (f) (3), such information required in subdivision (f) (2) shall be provided by the owner or "operator" of the "stationary source" within ninety (90) days of written notice by the "Commissioner."

(g) Permits to operate a "stationary source" ordered to comply with any of the provisions of this section.

(1) The "Commissioner" may require the owner or "operator" of a "stationary source" to obtain a permit to operate if he is found by the "Commissioner" not to comply with any of the provisions of subsection (b).

(h) Objectionable odors and compliance with other regulations

(1) Compliance with this section by a "stationary source" does not in any manner relieve the owner or "operator" of the responsibility to comply with the provisions of section 22a-174-23 or any other section of these regulations.

(i) Adjustments to the MASC for Time Periods Less Than 8 Hours.

Notwithstanding the provisions of subsection (c), the Commissioner may allow an adjustment to the MASC for sources which emit continuously for a period of more than thirty (30) minutes but less than eight (8) hours by multiplying the MASC determined under subsection (c) by the following factor:

Where T = Number of hours the source is in continuous operation.

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(Effective October 21, 1988; Amended April 4, 2006; Amended April 6, 2016)