Section 22a-174-2a - Procedural requirements for new source review and Title V permitting(a)Signatory Responsibilities(1) Any document, such as a permit application, report or certification, submitted to the commissioner shall be signed by any of the following individuals: (A) For an individual or sole proprietorship: by the individual or proprietor, respectively;(B) For a corporation: by any officer in charge of a principal business function, an employee who performs similar policy or decision-making functions, or a duly authorized representative of such officer or employee, provided that such officer, employee or representative is authorized to execute legally binding documents on behalf of such corporation;(C) For a partnership: by a general partner;(D) For a municipality: by the ranking elected official or the person authorized as the principal executive officer by charter or resolution of the board of selectmen or town council or other governing body, or a duly authorized representative of such municipality if: (i) The ranking elected official or person authorized as principal executive officer gives a delegation of signatory authority in writing to the duly authorized representative,(ii) such duly authorized representative is responsible for the overall operation of the operating facility applying for or subject to a permit, and(iii) the delegation of signatory authority to such duly authorized representative is submitted to and approved in advance by the commissioner in writing prior to the submission of any document;(E) For a federal entity: by the principal executive officer, statutorily authorized official, or by a federal employee or any other representative who has received legal delegation of authority. For the purpose of this subparagraph, a principal executive officer of a federal agency or department includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency or department;(F) For a state entity: by the statutorily authorized official, ranking elected official or principal executive officer;(G) For a limited liability company: by any member, manager, officer, employee or a duly authorized representative of the limited liability company provided that such member, manager, officer or employee or representative is authorized to execute legally binding documents on behalf of such limited liability company;(H) For a limited liability partnership: by any limited partner, officer, employee or a duly authorized representative of the limited liability partnership provided that such limited partner, officer or employee or representative is authorized to execute legally binding documents on behalf of such limited liability partnership; or(I) For any organization not listed above, the commissioner may require the owner or operator of the source to provide adequate documentation that such person is authorized by such organization to execute and deliver in the name of and on behalf of such organization any document set forth in this subdivision.(2) For purposes of signing any Title V-related application, document, report or certification required by section 22a-174-33 of the Regulations of Connecticut State Agencies, any corporation's duly authorized representative under subdivision (1)(B) of this subsection may be either a named individual or any individual occupying a named position. Such named individual or individual occupying a named position is a duly authorized representative if such individual is responsible for the overall operation of one or more manufacturing, production or operating facilities subject to section 22a-174-33 of the Regulations of Connecticut State Agencies and either: (A) The facilities employ more than two-hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five (25) million dollars in second quarter 1980 dollars; or(B) The delegation of authority to the duly authorized representative has been given in writing by an officer of the corporation in accordance with corporate procedures and the following: (i) Such written authorization specifically authorizes a named individual, or a named position, having responsibility for the overall operation of the Title V premises or activity,(ii) Such written authorization is submitted to the commissioner and has been approved by the commissioner in advance of such delegation. Such approval does not constitute approval of corporate procedures, and(iii) If a duly authorized representative is a named individual in an authorization submitted under subclause (ii) of this subparagraph and a different individual is assigned or has assumed the responsibilities of the duly authorized representative, or, if a duly authorized representative is a named position in an authorization submitted under subclause (ii) of this subparagraph and a different named position is assigned or has assumed the duties of the duly authorized representative, a new written authorization shall be submitted to the commissioner prior to or together with the submission of any application, document, report or certification signed by such representative.(3) A permit application or other related document shall be considered insufficient by the commissioner unless the applicant provides all required signatures in accordance with this subsection.(4) Notwithstanding the requirements of section 22a-3a-5(a)(2) of the Regulations of Connecticut State Agencies, where a permit application, permit or other documentation requires a certification, the appropriate individual as specified in this subsection, and the individual or individuals responsible for actually preparing any document to which the certification applies, shall examine and be familiar with the information submitted in the document and all attachments thereto, and shall make inquiry of those individuals responsible for obtaining the information to determine that the information is true, accurate and complete, and each shall certify in writing as follows: "I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in the submitted information may be punishable as a criminal offense under section 22a-175 of the Connecticut General Statutes, under section 53a-157b of the Connecticut General Statutes, and in accordance with any applicable statute."
(5) An individual having overall responsibility for environmental matters for a Title V source shall not sign Title V permit applications or Title V associated reports or certifications unless such individual has responsibility for the overall operation of the Title V source.(b)Public Notice(1) When proposing to issue a general permit, the commissioner shall comply with the requirements for notice and opportunity for public comment pursuant to section 22a-174(k)(2) of the Connecticut General Statutes.(2) With respect to public notice of any application for a permit, other than a general permit, the applicant shall comply with the requirements of section 22a-6g of the Connecticut General Statutes and the following: (A) The commissioner may require the applicant to publish notice of the application in media that serves the needs of communities and representatives not served by traditional media in addition to a newspaper with substantial circulation in the area in which the source intends to operate, and the commissioner may require the notice to be published in languages other than English; and(B) In the event the commissioner requires compliance with subparagraph (A) of this subdivision, the applicant shall submit to the commissioner a certified copy of such notice as it appeared in such other media no later than twenty (20) days after the date such notice was published.(3) With respect to notice of tentative determination for any application for a permit, other than a general permit, the applicant shall comply with the requirements of section 22a-6h of the Connecticut General Statutes. In addition to the requirements of section 22a-6h of the Connecticut General Statutes, such notice shall include the following statement, unless such notice is for a minor permit modification pursuant to subsection (e) of this section, that: "Interested persons have thirty (30) days from publication of this notice to submit comments in writing to the Department of Energy and Environmental Protection, Bureau of Air Management or request a public hearing concerning the commissioner's tentative determination to approve or deny the permit application, in accordance with sections 22a-3a-5(b) and 22a-174-2 a(c) of the Regulations of Connecticut State Agencies."
(4) For any application for a permit or modification thereto, the commissioner may require the applicant to comply with section 22a-6l of the Connecticut General Statutes.(5) For any permit application pursuant to section 22a-174-33 of the Regulations of Connecticut State Agencies, the commissioner shall forward a copy of the notice of tentative determination to: (A) The individuals who request such notice;(B) The chief elected official of the municipality where the stationary source is or is proposed to be located;(C) The chief executive officer of the municipality where the source is or is proposed to be located;(D) The appropriate Connecticut regional planning agency;(E) Any federally recognized Indian governing body whose lands, or air quality, may be affected by emissions from the subject stationary source. In addition to the notice, a copy of the proposed Title V permit shall be submitted to such federally recognized Indian governing body;(F) The director of the air pollution control program in any affected state, and the states of New York, Massachusetts, and Rhode Island, on or before the time such notice is provided to the public, except for applications for minor permit modifications for which the commissioner shall provide notice in accordance with 40 CFR 70.7(e)(2) and (3). In addition to the notice, a copy of the proposed Title V permit shall be submitted to such director; and(G) The regional Administrator of the United States Environmental Protection Agency. In addition to the notice, a copy of the proposed Title V permit shall be submitted to the regional Administrator.(6) For any permit application pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies for a new major stationary source or a major modification at a major stationary source, the commissioner shall forward, prior to the date of publication, a copy of the notice of tentative determination to those individuals or entities identified in subparagraphs (A), (B), (C), (D), (E) and (G), of subdivision (5) of this subsection and any Federal Land Manager or state whose lands, or air quality, may be affected by emissions from the source or modification.(7) For any permit application pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies other than an application for a new major stationary source or a major modification at a major stationary source, the commissioner shall forward a copy of the notice of tentative determination, published in accordance with 40 CFR 51.161, as amended from time to time, to those individuals or entities identified in subparagraphs (A), (B), (C), and (G) of subdivision (5) of this subsection.(8) For any permit application pursuant to section 22a-174-3 a(l) of the Regulations of Connecticut State Agencies, the commissioner shall comply with the public notice requirements set forth in section 22a-174-3 a(l)(7) of the Regulations of Connecticut State Agencies.(9) For any permit application pursuant to section 22a-174-33 of the Regulations of Connecticut State Agencies, the commissioner shall comply with the requirements set forth in section 22a-174-33(n) of the Regulations of Connecticut State Agencies.(c)Public Comments and Hearings(1) Written comments may be filed by any person within thirty (30) days following the publication of a notice of a tentative determination pursuant to subsection (b)(3) of this section. The commissioner shall maintain a record of all comments made on the subject application. Any comments concerning the issuance of a Title V permit may be accompanied by a request for a public informational hearing, an adjudicatory hearing, or both. Notwithstanding the provisions of section 22a-3a-6 of the Regulations of Connecticut State Agencies, any comments concerning the issuance of a permit pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies may be accompanied by a request for a public informational hearing.(2) If the commissioner does not accept the recommendations of any director of the air pollution control program in any affected state or federally recognized Indian governing body with respect to any Title V permit issued pursuant to section 22a-174-33 of the Regulations of Connecticut State Agencies, the commissioner shall inform such director or federally recognized Indian governing body and the Administrator of the reasons therefore in accordance with the provisions of 40 CFR 70.8(b), as amended from time to time.(3) Public adjudicative hearings shall be held in accordance with section 22a-3a-6 of the Regulations of Connecticut State Agencies.(4) If a public adjudicative hearing is held, the commissioner shall publish a notice of such hearing in a newspaper of general circulation in the affected area at least thirty (30) days prior to such hearing.(5) Following the close of the public adjudicative hearing, the final decision maker shall make a decision. Such decision shall be based on the record of such hearing to approve, deny or conditionally approve the issuance of the permit sought.(6) Non-Adjudicative Public Informational Hearings. Following receipt of a written material request and prior to the issuance of a subject permit, or order pursuant to section 22a-174-33(d) of Regulations of Connecticut State Agencies, the commissioner shall hold a non-adjudicative public informational hearing on: (A) An application pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies;(B) An application pursuant to section 22a-174-33 of the Regulations of Connecticut State Agencies;(C) An order pursuant to section 22a-174-33(d) of the Regulations of Connecticut State Agencies; and(D) Following the commissioner's receipt of a written request for a public hearing, the commissioner shall hold such hearing if the permit application is for a new major stationary source or a major modification at a major stationary source, or for any stationary source where the stack height exceeds good engineering practice.(8) Any notice of hearing pursuant to this subsection shall:(A) Be published at the applicant's expense in a newspaper of general circulation in the affected area at least thirty (30) days prior to such hearing;(B) Provide the name of the applicant; the location of the proposed activity; the application number; the type of permit being sought; name, address and phone number for a contact person at the Department;(C) Provide the name, address and number for the Department's Americans with Disabilities Act coordinator;(D) Provide the date, time and location of the public hearing; and(E) Be published in other media and in languages other than English as required by the commissioner.(9) The commissioner may consider more than one permit application, or order pursuant to section 22a-174-33(d) of Regulations of Connecticut State Agencies, at any hearing pursuant to subdivision (6) of this subsection, provided the notice requirements of subdivision (8) of this subsection have been satisfied. The commissioner shall consider all written comments submitted within the public comment period in the notice including all comments received at the public hearing when making a final decision on the application.(d)New Source Review and Title V Non-Minor Permit Modification(1) General. Prior to making the change that is the subject of the non-minor permit modification application the owner or operator shall apply for and obtain a non-minor permit modification pursuant to this subsection.(2) Exemptions. A permittee may conduct an activity described in section 22a-174-3 a(a)(2) of the Regulations of Connecticut State Agencies without applying for and obtaining a new source review non-minor permit modification under this subsection.(3) Except as provided in subdivision (2) of this subsection, the permittee of any stationary source or emission unit permitted pursuant to section 22a-174-3 a or former section 22a-174-3 of the Regulations of Connecticut State Agencies shall apply for and obtain a new source review non-minor permit modification for any stationary source, emission unit, or modification identified in section 22a-174-3 a(a)(1) of the Regulations of Connecticut State Agencies.(4) Notwithstanding the exemptions in subdivision (2) of this subsection, the permittee of any Title V source shall apply for and obtain a Title V non-minor permit modification for any one or more of the following: (A) To incorporate the requirements of any new source review permit issued to the permittee pursuant to former section 22a-174-3(k) or (l) of the Regulations of Connecticut State Agencies or section 22a-174-3 a(k) or (l) of the Regulations of Connecticut State Agencies;(B) To change a Title V permit term or condition which had prevented a Title V source from being subject to an otherwise applicable requirement;(C) To relax the form or type of or any reduction in the frequency of any monitoring, reporting or record keeping required by the Title V permit; or(D) To incorporate a change to an applicable requirement not otherwise subject to subsections (e) or (f) of this section or not otherwise allowed as an off-permit change pursuant to 40 CFR 70.4(b)(14), as amended from time to time, or as operational flexibility pursuant to 40 CFR 70.4(b)(12), as amended from time to time.(5) The procedural requirements for all non-minor permit modifications pursuant to subdivisions (3) and (4) of this subsection are as follows: (A) An application for a non-minor permit modification shall be made on forms prescribed by the commissioner. Such application shall include a description of any proposed changes, a proposed permit, any proposed monitoring procedures, any changes in potential emissions resulting from the proposed changes, and an identification of all regulatory, statutory, or otherwise applicable requirements that would become applicable as a result of such changes;(B) The permittee shall not deviate from the terms and conditions of the existing permit until and unless the commissioner has modified that permit; and(C) A non-minor permit modification pursuant to this subsection, shall only be granted, granted with conditions, or denied following public notice and opportunity for public comment and public hearing, in accordance with the procedures set forth in subsections (b) and (c) of this section.(6) In addition to the procedural requirements provided in subdivision (5) of this subsection, an application for a new source review non-minor permit modification pursuant to subdivision (3) of this subsection shall meet the requirements set forth in section 22a-174-3 a(c) and 22a-3a-5 of the Regulations of Connecticut State Agencies.(7) In addition to the procedural requirements provided in subdivision (5) of this subsection, an application for a Title V non-minor permit modification pursuant to subdivision (4) of this subsection shall meet the requirements set forth in section 22a-174-33(g) and 22a-3a-5 of the Regulations of Connecticut State Agencies and shall: (A) Meet the requirements of 40 CFR 70.5(c), as amended from time to time;(B) Meet the requirements of 40 CFR 70.7(a)(1), (4), (5) and (6) as amended from time to time;(C) Where applicable, meet the requirements of 40 CFR 72 to 78, inclusive, as amended from time to time; and(D) Only be granted or denied following opportunity for a public informational hearing described in subsection (c)(6) of this section, as may be applicable.(8) With respect to an application for a Title V non-minor permit modification pursuant to subdivision (4) of this subsection, the commissioner shall: (A) Take final action on a Title V non-minor permit modification within twelve (12) months from receipt of a complete application. In the event that this deadline is exceeded no application for a Title V non-minor permit modification shall automatically be deemed sufficient or approved; and(B) Submit the modified Title V permit to the Administrator.(9) The commissioner may modify a new source review permit in accordance with this section, section 22a-174-3 a of the Regulations of Connecticut State Agencies, and section 22a-174c of the Connecticut General Statutes. The following procedures shall apply to such modifications:(A) The permittee shall not deviate from the terms and conditions of the existing permit until and unless the commissioner has modified that permit; and(B) A permit modification pursuant to this subsection, shall only be granted, granted with conditions, or denied following public notice and opportunity for public comment and public hearing, in accordance with the procedures set forth in subsections (b) and (c) of this section.(e)New Source Review and Title V Minor Permit Modification(1) The permittee of any source that is subject to a new source review permit issued by the commissioner pursuant to section 22a-174-3 a or former section 22a-174-3 of the Regulations of Connecticut State Agencies shall apply for a new source review minor permit modification to make any change to such permit, unless such change is allowed pursuant to subsection (f) of this section or unless the change is required to receive a non-minor permit modification pursuant to subsection (d)(3) of this section.(2) The permittee of any Title V source shall apply for a Title V minor permit modification to incorporate:(A) Any modification not covered by permit revisions in subsection (f)(2)(A) to (F), inclusive, of this section; and(B) Any modification allowed pursuant to the Title V minor permit modification criteria pursuant to 40 CFR 70.7(e)(2)(i)(A)(1) to (6), inclusive, as amended from time to time.(3) The procedural requirements for all new source review and Title V minor permit modifications, except as otherwise provided in subdivisions (4) and (5) of this subsection, are as follows: (A) An application for a minor permit modification shall be made on forms prescribed by the commissioner and signed in accordance with subsection (a) of this section;(B) An application for a minor permit modification shall include the following:(i) a description of the proposed modification, a proposed modified permit, any proposed monitoring procedures, any increase in potential emissions resulting from the proposed modification, and an identification of all regulatory, statutory, or otherwise applicable requirements that would become applicable as a result of such modification, and(ii) a statement, certified in accordance with subsection (a)(5) of this section, that the proposed minor permit modification meets all regulatory, statutory, or applicable requirements identified in the subject application;(C) Subject to the limitations specified in subdivision (5)(F) of this subsection, a permittee may implement the modifications proposed in the minor permit modification application no less than twenty-one (21) days after filing a complete application with the commissioner, unless the commissioner notifies the applicant prior to the end of the twenty-one-day period that the modifications may not be implemented until such time as defined by the commissioner in the notification. If twenty-one days have passed since filing a complete application and the commissioner has not notified the permittee, the permittee shall comply with the terms and conditions of the proposed modified permit and the terms and conditions of the existing permit that are not being modified, until the commissioner issues or denies the proposed modified permit.(D) The commissioner shall process any minor permit modification, subject to subdivision (1) of this subsection, at a Title V source in accordance with subdivisions (3) to (5), inclusive of this subsection unless otherwise allowed pursuant to subsection (r)(2) of section 22a-174-33 of the Regulations of Connecticut State Agencies; and(E) A minor permit modification to a permit issued pursuant to section 22a-174-3 a of the Regulations of Connecticut State Agencies or former section 22a-174-3 of the Regulations of Connecticut State Agencies shall include the demonstrations required by sections 22a-174-3 a(d)(3)(B) and (C) of the Regulations of Connecticut State Agencies.(4) With respect to an application for a new source review minor permit modification, under subdivision (1) of this subsection, to a permit issued pursuant to section 22a-174-3 a or former section 22a-174-3 of the Regulations of Connecticut State Agencies, the existing permit terms and conditions of the permit sought to be modified remain in full force and effect if the modification that is the subject of the application is determined by the commissioner to require a non-minor permit modification.(5) The following requirements shall apply to an application for a Title V minor permit modification under subdivision (2) of this subsection: (A) The application shall meet the requirements of 40 CFR 70.5(c), as amended from time to time, and shall be governed by 40 CFR 72 to 78, inclusive, as amended from time to time;(B) The application shall include completed forms for the commissioner to use to notify the Administrator, affected states and federally recognized Indian governing bodies of the proposed Title V minor permit modification;(C) The commissioner shall notify the Administrator, affected states and the federally recognized Indian governing bodies within five (5) business days of receiving an application for a Title V minor permit modification;(D) The commissioner shall comply with the timetable for issuance set forth in 40 CFR 70.7(e)(2)(iv), as amended from time to time;(E) The commissioner shall not grant the permit shield provided by section 22a-174-33(k) of the Regulations of Connecticut State Agencies for Title V minor permit modifications made under this subsection;(F) The permittee shall comply with the existing permit terms and conditions of the Title V permit if: (i) the permittee fails to comply with the proposed permit terms and conditions during the pendency of an application for a Title V minor permit modification,(ii) such application is subject to the provisions of subsection (d) of this section and the owner or operator has already implemented or began implementing the proposed modifications,(iii) the commissioner denies the proposed Title V modified permit,(iv) the commissioner has made a determination pursuant to 40 CFR 70.7(e)(2)(iv)(C), as amended from time to time, or(v) the commissioner determines that the proposed modification would make the source subject to section 22a-174-3 a of the Regulations of Connecticut State Agencies; and(6) Notwithstanding the requirements of subsections (b) and (c) of this subsection, the commissioner may modify a Title V permit or new source review permit under this subsection without published notice, public comment, or hearing.(7) The commissioner may modify a new source review permit in accordance with this section, section 22a-174-3 a of the Regulations of Connecticut State Agencies, and section 22a-174c of the Connecticut General Statutes.(f)Permit Revisions(1) The owner or operator of a stationary source may perform the activities described in sections 22a-174-3 a(a)(2)(A)(i) and (ii) and 22a-174-3 a(a)(2)(B) and (C) of the Regulations of Connecticut State Agencies unless otherwise restricted by any provision of such permit or an order of the commissioner.(2) The permittee of any stationary source for which the commissioner has issued a permit pursuant to section 22a-174-33 or 22a-174-3 a of the Regulations of Connecticut State Agencies, or former section 22a-174-3 of the Regulations of Connecticut State Agencies shall submit a written request for a permit revision, for the purposes of:(A) Correcting a clerical error;(B) Revising the address or phone number of any person identified in such permit, or making another revision reflecting a similarly minor administrative change at or concerning the subject source;(C) Revising the name of the authorized representative of the permittee, provided that a request to change such authorized representative shall be accompanied by written authorization in accordance with subsection (a)(2)(A) to (D), inclusive, of this section;(D) Requiring more frequent or additional monitoring, record keeping or reporting;(E) Reflecting a transfer in ownership or operational control of the subject source, in accordance with subsection (g) of this section, provided that: (i) no other modification of the subject permit is required as a result of such transfer,(ii) if the subject permit contains a provision for changing ownership or operational control of the subject source, the provision stated in the permit shall be followed provided that such provision is consistent with section 22a-6o of the Connecticut General Statutes, and (iii) any transfer of the permit required by section 22a-6o of the Connecticut General Statutes has been granted by the commissioner;(F) Implementing an administrative Title V permit amendment set forth in 40 CFR 70.7(d)(1)(v), as amended from time to time; or(G) Implementing a fuel conversion described in section 22a-174-3 a(a)(2)(A)(iii) , (iv) or (v) of the Regulations of Connecticut State Agencies.(3) Notwithstanding the requirements of subsections (b) and (c) of this section, the commissioner may revise a permit under this subsection without published notice, public comment, or hearing.(4) Upon submitting to the commissioner a written request for a permit revision under this subsection, a permittee may make changes as set forth in such request.(5) With respect to a request to revise a Title V permit the commissioner shall comply with the applicable provisions of 40 CFR 70.7(d)(2) and (3), as amended from time to time(6) The commissioner shall not grant the permit shield provided by section 22a-174-33(k) of the Regulations of Connecticut State Agencies for permit revisions made under this subsection.Conn. Agencies Regs. § 22a-174-2a
Adopted effective March 15, 2002; Amended July 19, 2005; Amended April 4, 2006; Amended September 10, 2012; amended 11/18/2020