Air Emissions - New Source Review Program

An Environmental Permitting Fact Sheet

Program Overview

The New Source Review permit program, administered by the Engineering and Enforcement Division of the Bureau of Air Management, regulates emissions released to the air from new and modified stationary sources. Examples of such sources include, but are not limited to: boilers; stationary internal combustion engines such as diesels and turbines; incinerators; rock crushing operations; chemical reactors and mixers; paint spray booths; metal degreasers; metal plating and surface treatment operations; printing operations; volatile liquid storage tanks; and many other manufacturing or processing operations.

Exemption from permitting is governed by regulation. The Permit Exemptions section of this fact sheet provides more information about those sources eligible for exemption, the related conditions under which they are required to be operated, and references to the appropriate sections of the Regulations of Connecticut State Agencies (RCSA).

Prior to beginning the actual construction of any stationary source or modification of any source to which RCSA Section 22a-174-3a(a)(1) applies, the owner or operator shall:

• apply for and obtain an individual permit; or,
• elect to operate the source in accordance with the provisions of RCSA Section 22a-174-3b, 22a-174-3c or 22a-174-42.

In making a decision to grant an air permit, the Department must determine, at a minimum, that: 1) the proposed activity will incorporate the appropriate control technology and/or operational limitations; 2) the emissions will be in compliance with the state's hazardous air pollutant regulations; and, 3) the proposed activity will not cause any significant deterioration in the air quality.

Authorizing Statutes

Sections 22a-170 and 22a-174 of the Connecticut General Statutes (CGS)

Clean Air Act (42 U.S.C., Sec. 7401 et. seq.)

Regulations

Sections 22a-174-2a, 22a-174-3a, 22a-174-3b, 22a-174-3c, 22a-174-26 and 22a-174-42 of the Regulations of Connecticut State Agencies (RCSA)

Title 40 Code of Federal Regulations (CFR) Parts 60, 61 and 63

Who Must Apply

Individual permits are required for any new or modified source which is not otherwise exempt under RCSA Section 22a-174-3a(a)(2) and is a:

• New major stationary source;
• Major modification;
• New or reconstructed major source of hazardous air pollutants subject to the provisions of subsection (m) of RCSA Section 22a-174-3a;
• New emission unit with potential emissions of 15 tons or more per year of any individual air pollutant;
• Modification to an existing emission unit which increases potential emissions of any individual air pollutant from such unit by 15 tons or more per year; or
• Stationary source or modification that becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant;
   
• Incinerator for which construction commenced on or after June 1, 2009, except if such incinerator is used for the primary purpose of reducing, controlling or eliminating air pollution, or as a solid waste incineration unit subject to an emission guideline issued pursuant to Section 129 of the Clean Air Act;
• New stationary source that emits, or has the potential to emit, equal to or greater than 100,000 tons per year of CO2e and 100 tons per year of greenhouse gases;
• Major stationary source when such major stationary source undertakes a physical change or change in the method of operation that will result in a net emissions increase that is equal to or greater than 75,000 tons per year CO2e; or
• Stationary source that emits, or has the potential to emit, equal to or greater than 100,000 tons per year of CO2e and 100 tons per year of greenhouse gases, when such stationary source undertakes a physical change or change in the method of operation that will result in a net emissions increase that is equal to or greater than 75,000 tons per year CO2e.

Permit Exemptions

The owner or operator of a source or modification which meets the applicability thresholds of RCSA Section 22a-174-3a(a)(1) may conduct the following activities and may construct or operate the following sources without a permit:

• Any activity that:
  
  
  • Adds air pollution control equipment or implements process changes to control air pollution unless the addition or implementation results in an increase in actual emissions of any individual air pollutant of 15 tons or more per year, or ten tons or more per year of a hazardous air pollutant subject to the provisions of subsection (m) of RCSA Section 22a-174-3a.
  • Relocates a portable rock crusher which is subject to a permit or exemption letter issued by the commissioner pursuant to former RCSA Section 22a-174-3, provided the owner or operator is in compliance with any such permits and provides written notice to the commissioner prior to such relocation.
  • Constitutes a conversion from fuel oil to natural gas, or in addition to fuel oil, provided such conversion does not increase actual emissions of any individual air pollutant by 15 tons or more per year, unless such conversion results in reconstruction.
  • Constitutes a conversion from residual fuel oil to distillate fuel oil, or in addition to residual fuel oil, provided such conversion does not increase actual emissions of any individual air pollutant by 15 tons or more per year, unless such conversion results in reconstruction.
    
    
• Any stationary source that is:

• a stripping facility used to remove VOC from contaminated groundwater or soil pursuant to an order issued by the commissioner, provided such facility has a control device with VOC removal efficiency of at least 95%;
• a portable engine or boiler temporarily replacing an existing engine or boiler, provided the replacement units have a combined emission rate equal to or less than the existing units and that the number of days total that any and all such portable engines or boilers may be used does not exceed 90 days in any calendar year;
• in compliance with RCSA Section 22a-174-3b, 22a-174-3c or 22a-174-42, unless otherwise subject to RCSA Section 22a-174-3a; or
• a gasoline dispensing facility, as defined in RCSA Section 22a-174-30(a)(3).

• Any mobile source or non-road engine as defined in 40 CFR Part 89.

Fees

An initial application fee of $940 for each permit for each source is required with the application. Permit fees, based on the inventory of emissions at the premises, are calculated subject to the provisions of RCSA Section 22a-174-26 and billed upon completion of the tentative determination. See RCSA Section 22a-174-26, and CGS Section 22a-174(g) for detailed fee information.

Review and Processing

Upon receipt of the application package, the initial application fee and the certified copy of the Notice of Application, the application is administratively sufficient. The technical review phase of the process then begins.

In the initial technical review, the maximum potential emissions of the source are determined to assess whether a permit is required. If a permit is not required, the Department will send notification of this to the applicant and refund one-half of the application fee.

If a permit is required, the permit engineer will then conduct a detailed technical review. This review will consist of several components, depending on the source, including an analysis of all applicable state and federal requirements; a best available control technology analysis (BACT); an ambient impact analysis, including screening analysis and/or refined modeling; and, a determination of compliance with the maximum allowable stack concentration (MASC) for all hazardous air pollutants. On conclusion of this review, a draft permit is written. This draft permit will contain operating limits and conditions, such as fuel and production limits, stack testing or continuous emission monitors (CEM). The draft permit goes through a rigorous review process that culminates in a tentative determination to grant or deny the permit. The applicant is notified of the tentative determination and billed the permit fee. The Department will publish the Notice of Tentative Determination in a newspaper having general circulation in the affected area. The applicant is billed for the cost of publishing the notice. Interested persons have 30 days from publication of the notice to submit written comments on the draft permit or request a public hearing. In certain instances, comments are requested from the Environmental Protection Agency.

After completion of the comment period and the close of any hearing, the Department will consider public comments and issue a final decision on the application.

Public Participation

The applicant is responsible for publishing a Notice of Application when the application is submitted to the Department. Once this notice is published, the applicant must send a copy of the notice to the Chief Elected Official of the municipality in which the regulated activity is proposed, and send a copy of the notice, along with the Certification of Notice Form – Notice of Application (DEP-APP-005A), to the Department.

Within five working days after the tentative determination has been made, the Department will publish a second public notice stating the commissioner’s tentative decision to grant or deny the permit. The applicant is responsible for the cost of this publication. A thirty day comment period is provided during which written comments may be submitted and a public hearing may be requested. A public hearing may be held if requested. The Department may require an applicant to post a sign on the site or to provide any other reasonable form of notice necessary to apprise the public and abutting landowners of the proposed activity.

Environmental Justice

Those seeking a permit to construct or expand: any electric generating facility with a capacity of more than ten megawatts; sludge or solid waste incinerator or combustor; sewage treatment plant with a capacity of more than 50 million gallons per day; intermediate processing center, volume reduction facility or multi-town recycling facility with a combined monthly volume in excess of 25 tons; new or expanded landfill, including, but not limited to, a landfill that contains ash, construction and demolition debris or solid waste; medical waste incinerator; or major source of air pollution, as defined by the federal Clean Air Act, in an environmental justice community must file and receive approval of a meaningful public participation plan from the Department prior to filing an application for such permit and consult with the chief elected official or officials of the town or towns in which the affecting facility is to be located or expanded to evaluate the need for a community environmental benefit agreement. As part of the plan, applicants must organize an informal public meeting at a time convenient to the environmental justice community. During the public meeting, the applicant must make a reasonable and good faith effort to provide clear, accurate and complete information about the proposed facility or the proposed facility expansion and its potential environmental and health impacts. The Department must wait at least 60 days after the public meeting to act on the applicant's permit application.

Refer to www.ct.gov/deep/environmentaljustice for more information.

Application Average Processing Time

For this permit program, processing time for a typical application, based upon recent experience is less than 180 days.  Past performance is not a guarantee of future processing timeframes.  In order to increase the efficiency of application processing, we recommend that you utilize the Bureau of Air Management’s Pre-Application and Application Review Meetings process, assure that your application package is properly completed at the time of submittal, and that you promptly reply to any requests for information.

Permit Duration

Most permits do not expire, but may, on a case by case basis, be issued for a limited duration.

Authorized Activities Prior to Permit Issuance

The owner or operator of a stationary source or modification who is required to obtain a permit or non-minor permit modification under the provisions of RCSA Section 22a-174-3a may, prior to obtaining such permit:

• enter into binding agreements or contractual obligations to undertake construction of the proposed stationary source or modification for which a permit is required; and
• begin site clearing activities.

Such activities do not include actual construction. Actual construction activities include, but are not limited to, the following activities which are specifically required for construction of the proposed stationary source or modification:

• excavating, blasting, removing rock and soil; or
• installing footings, foundations, retaining walls, or permanent storage structures.

Permit Revocation

The commissioner may revoke any permit on his own initiative or at the request of the permittee in accordance with CGS Sections 4-182(c) and 22a-174c, RCSA Section 22a-3a-5(d), and any other applicable law. Any such request shall be in writing and contain facts and reasons supporting the request. See License Revocation Request Form (DEEP-AIR-REQ-004) for additional information on requesting a license revocation.

Useful Resources

For permit related questions, call the Bureau of Air Management’s Engineering and Technical Services Division at 860-424-4152.

Air Permitting Main Page

Air Management Regulations of Connecticut State Agencies

Connecticut General Statutes (CGS)

Code of Federal Regulations (CFR)

Clean Air Act (CAA)

Contact Information

Engineering Section
Bureau of Air Management
Department of Energy and Environmental Protection
79 Elm Street
Hartford, CT  06106-5127
860-424-4152

This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes and regulations for the specific regulatory language of the different permit programs. This document should not be relied upon to determine whether or not an environmental permit is required. It is your responsibility to obtain and comply with all required permits.

Fact Sheet DEP-NSR-FS-200

Content Last Updated May 2013

Users Guide to Environmental Permits