Section 22a-174-3b - Exemptions from permitting for construction and operation of external combustion units, automotive refinishing operations, emergency engines, nonmetallic mineral processing equipment and surface coating operations(a)Definitions. For the purposes of this section and section 22a-174-3 c of the Regulations of Connecticut State Agencies: (1) "As applied" means a coating, including all components such as dilution solvents and reactive constituents, prepared at the time of application to a substrate;(2) "Automobile" means a passenger car, van, motorcycle, truck or any other motorized vehicle for transportation;(3) "Automotive refinishing operation" means the processes performed to apply a new surface to the pre-existing coat or paint on an automobile, automotive component or any other mobile equipment or part thereof, including but not limited to surface preparation, primer application, topcoat application and applicator cleaning;(4) "Electrostatic application" means the application of charged atomized paint droplets by electrostatic attraction;(5) "Emergency" means "emergency" as defined in section 22a-174-22 e of the Regulations of Connecticut State Agencies;(6) "Emergency engine" means "emergency engine" as defined in section 22a-174-22 e of the Regulations of Connecticut State Agencies;(7) "External combustion unit" means a device that combusts only natural gas, propane or fuel oil, which is not a stationary internal combustion engine or turbine, and includes, but is not limited to, a boiler, heater, drying oven, curing oven or furnace;(8) "Mobile equipment" means any non-automotive equipment or apparatus that is operated or is capable of being operated on a roadway, including, but not limited to, truck bodies, truck trailers, buses, mobile cranes, bulldozers and other construction equipment, street cleaners and farm equipment;(9) "Nonmetallic mineral" means "nonmetallic mineral" as defined in 40 CFR 60.671;(10) "Nonmetallic mineral processing equipment" means any crusher, grinding mill, screening operation, bucket elevator, belt conveyer, bagging operation, storage bin or other equipment used to crush or grind any nonmetallic mineral at a nonmetallic mineral processing plant;(11) "Nonmetallic mineral processing plant" means "nonmetallic mineral processing plant" as defined in 40 CFR 60.671;(12) "Pre-existing coat or paint" means a surface covering or coating applied to an automobile or automotive component at an automotive manufacturing facility or applied to any mobile equipment or part thereof at the point of manufacture;(13) "Spray booth" means a building, a room within a building or a partitioned area within a room housing automatic or manual spray application equipment, that is used to apply coatings;(14) "Surface coating operation" means a process or processes used to apply a layer of material including spray painting, dip coating, roller coating and electrostatic deposition, but exclusive of printing, publishing or packaging operations;(15) "Touch up repair" means the application of automotive topcoat finish materials to cover minor finishing imperfections equal to or less than one inch in diameter;(16) "Tune-up" means to perform maintenance and adjust equipment to proper or required operating condition; and(17) "Twelve (12) month rolling aggregate" means the sum of the total fuel use, actual emissions, coating use, solvent use or actual operating time calculated for each month by adding the current month's fuel use, actual emissions, coating use, solvent use or actual operating time to those of the previous eleven months.(b)Applicability.(1) The owner or operator of a stationary source that is an external combustion unit, an automotive refinishing operation, a nonmetallic mineral processing equipment, an emergency engine or a surface coating operation may construct and operate such source without obtaining a general permit for such source issued pursuant to section 22a-174 of the Connecticut General Statutes or a permit pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies if: (A) The source has potential emissions of fifteen (15) tons or more per year of any individual air pollutant;(B) The source is not a new major stationary source;(C) The source is not a newly constructed or reconstructed major source of hazardous air pollutants subject to the requirements of section 22a-174-3 a(m) of the Regulations of Connecticut State Agencies; and(D) The owner or operator complies with all applicable provisions of this section.(2) The owner or operator of an existing stationary source that is an external combustion unit, an automotive refinishing operation, a nonmetallic mineral processing equipment, an emergency engine or a surface coating operation may modify such source without obtaining a general permit for such source issued pursuant to section 22a-174 of the Connecticut General Statutes or a permit pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies if: (A) The modification has increased potential emissions of any individual air pollutant from such source by fifteen (15) tons or more per year;(B) At the time of modification, the source is not authorized to operate pursuant to an individual permit issued pursuant to section 22a-174-3 a or former section 22a-174-3 of the Regulations of Connecticut State Agencies;(C) The modification is not a major modification to an existing major stationary source; and(D) The owner or operator complies with all applicable provisions of this section.(3) The requirements of this section do not apply to those sources operating in compliance with section 22a-174-3 c of the Regulations of Connecticut State Agencies.(4) The owner or operator of an automotive refinishing operation that meets the applicability criteria in subdivision (1) or (2) of this subsection shall comply with the provisions of subsection (d) of this section unless such owner or operator is operating in accordance with one of the following:(A) An individual permit issued pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies; or(B) The provisions of section 22a-174-3 c of the Regulations of Connecticut State Agencies.(c)External combustion unit. (1) The owner or operator of an external combustion unit shall properly maintain equipment and operate such unit in accordance with the following requirements: (A) Maximum rated heat input shall not exceed the following limitations: (i) 50 MMBtu/hr for sources burning gaseous fuels,(ii) 25 MMBtu/hr for sources burning distillate oil or a blend of distillate oil and biodiesel fuel, and(iii) 15 MMBtu/hr for sources burning residual oil or a blend of residual oil and biodiesel fuel;(B) Fuel use shall not exceed the following limitations: (i) natural gas usage shall not exceed 214 million cubic feet in any twelve (12) month rolling aggregate,(ii) propane usage shall not exceed 1.57 million gallons in any twelve (12) month rolling aggregate,(iii) distillate oil usage, inclusive of blends of distillate oil and biodiesel fuel, shall not exceed 704,000 gallons in any twelve (12) month rolling aggregate,(iv) residual oil usage, inclusive of blends of residual oil and biodiesel fuel, shall not exceed 191,000 gallons in any twelve (12) month rolling aggregate, and(v) use of any combination of the fuels listed in subparagraphs (B)(i) to (B)(iv) of this subdivision shall not result in emissions of any individual air pollutant greater than 15 tons per year in any twelve (12) month rolling aggregate;(C) Fuel content shall be as follows: (i) any residual oil, inclusive of blends of residual oil and biodiesel fuel, used shall comply with the fuel sulfur content requirements of subdivision (2) of subsection (d) of section 22a-174-19 b of the Regulations of Connecticut State Agencies, and(ii) no fuel oil used shall be blended with waste oil or solvent;(D) The height of any stack associated with the unit shall be the greater of: (ii) the lesser of 1.3 times the building height or maximum building width; and(E) A tune-up of the external combustion unit shall be performed on an annual basis.(2) The owner or operator of an external combustion unit shall maintain records of the information necessary for the commissioner to determine compliance with the requirements of subdivision (1) of this subsection. Information sufficient to make such determinations may include the information specified in subdivision (3) of this subsection. All records made to determine compliance with the requirements of this section shall be: (A) Made available to the commissioner to inspect and copy upon request; and(B) Maintained for five (5) years from the date such record is created.(3) The owner or operator of an external combustion unit may make and maintain records of the following information, as applicable:(A) Records of the fuel type and quantity used, in gallons or million cubic feet, for each month and each twelve (12) month rolling aggregate;(B) If the fuel used is residual oil or a blend of residual oil and biodiesel fuel, records of the sulfur content for each nongaseous fuel shipment received;(C) If multiple fuels are used, records of the quantity in tons of each criteria pollutant emitted for each month and each twelve (12) month rolling aggregate; and(D) The date each annual tune-up is performed.(d)Automotive refinishing operation. (1) Except as provided in subsection (4) of this subsection, the owner or operator of an automotive refinishing operation shall properly maintain equipment and perform such operation in accordance with the following requirements: (A) The total amount of VOC-containing coatings or solvents used shall not exceed 2,000 gallons in any twelve (12) month rolling aggregate;(B) Any paint or coating shall be applied by one of the following means: (i) high volume low pressure spray equipment,(ii) electrostatic application equipment, or(iii) any other application method that has a manufacturer's guaranteed transfer efficiency of at least sixty-five percent (65%);(C) Any application equipment used shall be cleaned using one of the following means: (i) in a device that remains closed at all times when not in use,(ii) in a system that discharges unatomized cleaning solvent into a waste container that remains closed when not in use,(iii) in a vat that allows for disassembly and cleaning of application equipment and that is kept closed when not in use, or(iv) in a system that atomizes spray into a paint waste container that is fitted with a device designed to capture atomized solvent emissions;(D) If a spray booth is vented directly to the ambient air, such booth shall contain particulate control equipment that is operated and maintained in good working condition at all times the booth is in use;(E) New and used coatings and solvents shall be stored in nonabsorbent, non-leaking containers. Such containers shall be kept closed at all times except when the container is being filled or emptied; and(F) Absorbent applicators, such as cloth and paper, which are moistened with coatings or solvents shall be stored in a closed, nonabsorbent, non-leaking container.(2) The owner or operator of an automotive refinishing operation shall maintain records of the information necessary for the commissioner to determine compliance with the requirements of subdivision (1) of this subsection. Information sufficient to make such determinations may include the information specified in subdivision (3) of this subsection. All records made to determine compliance with the requirements of this section shall be: (A) Made available to the commissioner to inspect and copy upon request; and(B) Maintained for five (5) years from the date such record is created.(3) The owner or operator of an automotive refinishing operation may make and maintain records of the following information: (A) Records of the amount of coating and solvent used, in gallons, for each month and each twelve (12) month rolling aggregate; and(B) If a paint or coating is applied by other than the methods specified in subdivision (1)(B)(i) or (ii) of this subsection, a record of the manufacturer's guaranteed transfer efficiency.(4) The following application methods and applications are exempt from the requirements listed in subdivision (1) of this subsection: (A) The use of airbrush application methods for stenciling, lettering and other identification markings;(B) The application of coatings sold in non-refillable aerosol containers; and(C) The application of touch-up repair finish materials.(e)Emergency engine.(1) The owner or operator of an emergency engine shall properly maintain equipment and operate such engine in accordance with this subsection.(2) No owner or operator of an emergency engine shall cause or allow such engine to operate except during periods of testing and scheduled maintenance or during an emergency and unless the following conditions are met: (A) Operation of such engine shall not exceed 300 hours during any twelve (12) month rolling aggregate; and(B) Any nongaseous fuel consumed by such engine shall comply with the fuel sulfur content requirements of subdivision (2) of subsection (d) of section 22a-174-19 b of the Regulations of Connecticut State Agencies.(3) The owner or operator of an emergency engine shall maintain records of the information necessary for the commissioner to determine compliance with the requirements of subdivision (2) of this subsection. Information sufficient to make such determinations may include the information specified in subdivision (4) of this subsection. All records made to determine compliance with the requirements of this section shall be: (A) Made available to the commissioner to inspect and copy upon request; and(B) Maintained for five (5) years from the date such record is created.(4) The owner or operator of an emergency engine may make and maintain records of the hours of operation for each month and each twelve (12) month rolling aggregate.(f)Nonmetallic mineral processing equipment.(1) The owner or operator of nonmetallic mineral processing equipment consisting of one or more internal combustion engines shall properly maintain and operate such equipment in accordance with the following conditions:(A) If every internal combustion engine that supplies power for the nonmetallic mineral processing equipment has an individual maximum output rating greater than or equal to 600 horsepower, the owner or operator shall: (i) For all such internal combustion engines in combination, not exceed 67,400 gallons of fuel oil usage in any twelve (12) month rolling aggregate,(ii) For any fuel oil consumed by such internal combustion engine or engines, comply with the fuel sulfur content requirements of subdivision (2) of subsection (d) of section 22a-174-19 b of the Regulations of Connecticut State Agencies, and(iii) Not use the nonmetallic mineral processing equipment and associated internal combustion engine or engines to result in emissions of any individual air pollutant greater than fifteen (15) tons per year in any twelve (12) month rolling aggregate; or(B) If any internal combustion engine that supplies power for the nonmetallic mineral processing equipment has an individual maximum output rating less than 600 horsepower, the owner or operator shall: (i) For all internal combustion engines supplying power to the nonmetallic mineral processing equipment in combination, not exceed 48,900 gallons of fuel oil usage in any twelve (12) month rolling aggregate,(ii) For any fuel oil consumed by such internal combustion engine or engines, comply with the fuel sulfur content requirements of subdivision (2) of subsection (d) of section 22a-174-19 b of the Regulations of Connecticut State Agencies, and(iii) Not use the nonmetallic mineral processing equipment and associated internal combustion engine or engines to result in emissions of any individual air pollutant greater than fifteen (15) tons per year in any twelve (12) month rolling aggregate.(2) The owner or operator of any nonmetallic mineral processing equipment that is powered by electricity shall not use such nonmetallic mineral processing equipment to result in emissions of any individual air pollutant greater than fifteen (15) tons per year in any twelve (12) month rolling aggregate.(3) The owner or operator of nonmetallic mineral processing equipment shall maintain records of the information necessary for the commissioner to determine compliance with the requirements of subdivisions (1) and (2) of this subsection. Information sufficient to make such determinations may include the information specified in subdivision (4) of this subsection. All records made to determine compliance with the requirements of this section shall be: (A) Made available to the commissioner to inspect and copy upon request; and(B) Maintained for five (5) years from the date such record is created.(4) The owner or operator of nonmetallic mineral processing equipment may make and maintain records of the following information:(A) Records of the quantity of fuel used, in gallons, for each month and each twelve (12) month rolling aggregate; and(B) For each nongaseous fuel shipment received, records of the sulfur content as a percent by weight, dry basis, and type of fuel.(g)Surface coating operation.(1) The owner or operator of a surface coating operation shall properly maintain equipment and conduct such coating operations only in accordance with the following limitations on VOCs, hazardous air pollutants and particulate matter:(A) The VOC content of any coating used shall not exceed 6.3 pounds per gallon, as applied;(B) The hazardous air pollutant content of any coating used shall not exceed 6.3 pounds per gallon, as applied;(C) Coating and solvent usage, including diluents and cleanup solvents but excluding water, shall not, in any twelve (12) month rolling aggregate, exceed 3,000 gallons; and(D) Any electrostatic dry powder coating operation or plasma spray operation shall be operated only with particulate control equipment that meets the following requirements: (i) includes a minimum collection efficiency of 90%, and(ii) is operated and maintained in good working condition.(2) The owner or operator of a surface coating operation shall maintain records of the information necessary for the commissioner to determine compliance with the requirements of subdivision (1) of this subsection. Information sufficient to make such determinations may include the information specified in subdivision (3) of this subsection. All records made to determine compliance with the requirements of this section shall be: (A) Made available to the commissioner to inspect and copy upon request; and(B) Maintained for five (5) years from the date such record is created.(3) The owner or operator of a surface coating operation may make and maintain records of the following information: (A) Records of the type and quantity of coating and solvent used, in gallons, for each month and each twelve (12) month rolling aggregate;(B) Records of the hazardous air pollutant and VOC content per gallon of each coating and solvent used, as applied; and(C) If the surface coating operation includes an electrostatic dry powder coating operation or a plasma spray operation, a record of the manufacturer's specifications for particulate control efficiency.(h)Fuel sulfur content.Records sufficient to demonstrate the sulfur content of fuel used, as required by subsections (c), (e), and (f) of this section are those records specified in subdivision (3) of subsection (g) of section 22a-174-19 b of the Regulations of Connecticut State Agencies.
(i)Reporting.(1) The owner or operator of any source required to make and maintain records pursuant to this section shall provide any such records, or a copy thereof, to the commissioner upon request and shall make such records available to the commissioner to inspect at the location maintained.(2) Any record requested pursuant to subdivision (1) of this subsection shall be submitted with a certification in accordance with section 22a-174-2 a(a) of the Regulations of Connecticut State Agencies.(j)Applicable law. Nothing in this section shall relieve an owner or operator from any obligation to comply with: (1) The requirements of 40 CFR 63, Subpart B as implemented in section 22a-174-3 a(m) of the Regulations of Connecticut State Agencies; and(2) Any other applicable federal, state or local law.(k)Application for individual permits.(1) Nothing in this section shall preclude the commissioner from requiring an owner or operator to obtain an individual permit pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies.(2) Nothing in this section shall preclude an owner or operator from applying for an individual permit pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies, if applicable.(3) An owner or operator who has filed an application for an individual permit pursuant to subdivision (1) of this subsection shall comply with the requirements of this section while such application is pending.Conn. Agencies Regs. § 22a-174-3b
Adopted effective March 15, 2002; Amended January 1, 2005; Amended April 4, 2006; Amended February 1, 2010; Amended December 22, 2016; amended 3/14/2024