Sec. 22a-198. Title IV sulfur dioxide emission standards. Credit trading. Suspension of credit trading prohibition by the commissioner.
Sec. 22a-198. Title IV sulfur dioxide emission standards. Credit trading. Suspension of credit trading prohibition by the commissioner. (a) On and after January 1,
2005, the owner or operator of a Title IV source that is also an affected unit or units shall:
(1) Combust liquid fuel, gaseous fuel, solid fuel or a combination of each provided
that each fuel possesses a fuel sulfur limit equal to or less than 0.3 per cent sulfur, by
weight (dry basis); or
(2) Meet an average emission rate equal to or less than 0.33 pounds SO2 per MMBtu
for each calendar quarter for an affected unit at the premises; or
(3) Meet an average emission rate 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 the premises.
(b) On and after January 1, 2005, no owner or operator of a Title IV source that is
also an affected unit or units may use SO2 DERCs or SO2 allowances to comply with
the requirements of subsection (a) of this section except if the Commissioner of Environmental Protection requires the owner or operator of an affected unit or units using a
low-sulfur fuel to comply with subdivision (1) of subsection (a) of this section to offset
excess SO2 emissions that were emitted during a suspension period, as described in
subsection (c) of this section, through the purchase or retirement of such SO2 DERCs
or SO2 allowances.
(c) The Commissioner of Environmental Protection may suspend the requirements
of subdivision (1) of subsection (a) of this section for the owner or operator of any
affected unit using a low-sulfur fuel, including a low-sulfur solid fuel. 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,
provided such suspension shall not exceed the period that the inadequate supply constitutes an emergency. Any such suspension by the commissioner shall not suspend or
alter the sulfur dioxide average emission rate requirements that are in effect as of May
2, 2002. The Commissioner of Environmental Protection shall specify in writing the
period of time that such suspension shall be in effect and shall provide notice of such
suspension to the joint standing committees of the General Assembly having cognizance
of matters relating to the environment and energy and technology. No later than thirty
days after the termination of such suspension, 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 if the use of compliant fuel at such affected
unit or units had not been interrupted. If such excess SO2 emissions from any premises
exceed fifty tons, the commissioner shall require that the owner or operator of such
affected unit or units offset such SO2 emissions through the purchase or retirement of
SO2 DERCs or SO2 allowances.
(d) The provisions of subsections (c) and (f) of this section, when implemented
by the Commissioner of Environmental Protection, shall not suspend any underlying
procedures or requirements in the Regulations of Connecticut State Agencies adopted
by the Department of Environmental Protection pertaining to SO2 emissions.
(e) No provision of section 22a-197, this section or subsection (a) of section 16-245l shall be construed to prohibit the Commissioner of Environmental Protection from
waiving or suspending any applicable sulfur dioxide emissions standard as may be allowed under current federal or state laws or regulations, or other permit limits of a must
run Title IV source, as ordered by the Independent System Operator, as may be allowed
under current federal or state laws or regulations. The commissioner may attach any
conditions to such suspension or waiver, as the commissioner deems necessary to mitigate any adverse environmental or public health impacts.
(f) The Commissioner of Environmental Protection, in consultation with the chairperson of the Public Utilities Control Authority, may suspend the prohibition of subsection (b) of this section for a Title IV source if it is determined that the application of the
prohibition established under subsection (b) of this section adversely affects the ability
to meet the reliability standards, as defined by the New England Power Pool or its
successor organization, and the suspension thereof is intended to mitigate such reliability
problems. The Commissioner of Environmental Protection, in consultation with the
chairperson of the Public Utilities Control Authority, shall specify in writing the reasons
for such suspension and the period of time that such suspension shall be in effect and
shall provide notice of such suspension at the time of issuance, or the next business day,
to the joint standing committees of the General Assembly having cognizance of matters
relating to the environment and energy and technology. No such waiver shall last more
than thirty days. The commissioner may reissue additional waivers for such source after
said initial waiver has expired. Within ten days of receipt of the commissioner's notice
of suspension, the committees having cognizance of matters relating to the environment
and energy and technology may hold a joint public hearing and meeting of the committees to either modify or reject the commissioner's suspension by a majority vote. If the
committees do not meet, the commissioner's suspension shall be deemed approved.
(P.A. 02-64, S. 2; P.A. 03-123, S. 3, 4.)
History: P.A. 02-64 effective January 1, 2005; P.A. 03-123 made technical changes in Subsecs. (a) and (f), effective
June 26, 2003 (Revisor's note: Because Sec. 22a-198 takes effect on January 1, 2005, these amendments become effective
at that time).