Sec. 22a-199. Mercury emission standards: Definitions, requirements, alternative emissions limits, testing, regulations.
Sec. 22a-199. Mercury emission standards: Definitions, requirements, alternative emissions limits, testing, regulations. (a) For purposes of subsections (b) and
(c) of this section:
(1) "Affected unit" means any emissions unit that generates electricity in the state
and combusts coal in an amount greater than ten per cent of its total heat input on a
rolling twelve-month basis.
(2) "Alternative emissions limit" means a mercury emissions limit established by
the Commissioner of Environmental Protection for an affected unit.
(3) "Calendar quarter" means the period of January first to March thirty-first, inclusive, April first to June thirtieth, inclusive, July first to September thirtieth, inclusive,
or October first to December thirty-first, inclusive.
(4) "Inlet conditions" means either: (A) The concentration of mercury in the flue
gas exiting the combustion source prior to application of any air pollution control device;
or (B) in the case of a fluidized bed combustion unit, the concentration of mercury
input to the combustion source based on representative fuel sampling and analysis, as
determined by the Commissioner of Environmental Protection.
(5) "Mercury" means mercury and mercury compounds in either a gaseous or particulate form.
(6) "TBtu" means trillion BTU of heat input.
(7) "Fluidized bed combustion unit" means a combustion unit in which fuel is introduced into a layer of solid particles kept in turbulent motion by air that is forced into
the layer from below, resulting in a thorough mixing and intimate contact of the fuel
and other reactants.
(b) (1) On and after July 1, 2008, the owner or operator of an affected unit or units
shall: (A) Meet an emissions rate of equal to or less than 0.6 pounds of mercury per
TBtu, or (B) meet a mercury emissions rate equal to a ninety per cent reduction of
mercury from the measured inlet conditions for the affected unit, whichever emissions
rate is more readily achievable by such affected unit, as determined by the owner or
operator of such affected unit. Compliance with the requirements of this subdivision
shall be demonstrated in accordance with the provisions of subdivision (3) of this subsection.
(2) (A) If the owner or operator of any affected unit properly installs and operates
control technology designed to achieve the mercury emissions rate requirement of subdivision (1) of this subsection and such technology fails to achieve said emission rate,
such owner or operator shall notify the Commissioner of Environmental Protection of
such failure no later than February 1, 2009. Such owner or operator shall submit each
quarterly stack test from such affected unit to the Commissioner of Environmental Protection for evaluation and establishment of an alternative emissions limit for such affected unit based upon the optimized performance of such properly installed and operated control technology. The Commissioner of Environmental Protection shall establish
an alternative emissions limit for any such affected unit no later than April 1, 2010.
(B) Upon the establishment of an alternative emissions limit for an affected unit,
pursuant to subparagraph (A) of this subdivision, the Commissioner of Environmental
Protection shall incorporate such alternative emissions limit into the Title V permit for
such affected unit. Thereafter, upon any application for renewal of such Title V permit,
the Commissioner of Environmental Protection shall conduct a review of such affected
unit's alternative emissions limit and may impose a more stringent alternative emissions
limit based upon any new data regarding the demonstrated control capabilities of the
type of control technology installed and operated at such affected unit.
(C) If the owner or operator of any affected unit properly installs and operates control technology designed to achieve the mercury emissions rate requirement established
in subdivision (1) of this subsection, but such technology fails to achieve such emissions
requirement, and such owner or operator notifies the Commissioner of Environmental
Protection of such failure no later than February 1, 2009, the owner or operator of such
affected unit shall demonstrate compliance with the requirements of subdivision (1) of
this subsection for the period beginning July 1, 2008, and ending on the date of the
issuance of an alternative emissions limit, pursuant to subparagraph (A) of this subdivision, by operating and maintaining such affected unit, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices
for the minimization of mercury emissions, as determined by the Commissioner of
Environmental Protection. In determining whether the owner or operator of such affected unit is operating and maintaining such affected unit in a manner consistent with
good air pollution control practices for the minimization of mercury emissions, the
Commissioner of Environmental Protection may review the emissions monitoring results and operating and maintenance procedures of such unit and may inspect such
affected unit.
(3) (A) Any stack test used to demonstrate compliance with the mercury emissions
rate requirements of subdivision (1) of this subsection or used in the establishment
or compliance with an alternative emissions limit pursuant to subdivision (2) of this
subsection, shall be based on the average of the stack tests conducted during the two
most recent calendar quarters for an affected unit and shall be conducted on a calendar
quarter basis in accordance with the Environmental Protection Agency's Method 29 for
the determination of metal emissions from stationary sources, as set forth in 40 CFR
60, Appendix A, as amended from time to time, or any other alternative method approved
by the Environmental Protection Agency or the Commissioner of Environmental Protection. Such stack tests shall be conducted while combusting coal or coal blends that are
representative of the coal or coal blends combusted at such affected unit during the
calendar quarter represented by such stack test.
(B) If the Commissioner of Environmental Protection determines that continuous
emission monitors for mercury in flue gases are commercially available and can perform
in accordance with National Institute of Technology Standards, or other methodology
approved by the Environmental Protection Agency, the owner or operator of any affected
unit shall properly install and operate such continuous emission monitors and shall
not be required to conduct stack testing on a calendar quarter basis. When reporting
compliance with the mercury emissions rate requirement of subdivision (1) or (2) of
this subsection, as applicable, the owner or operator of an affected unit shall use an
average of the continuous emission monitor data recorded at such affected unit during
the most recent calendar quarter.
(4) The owner or operator of any affected unit shall, for each calendar quarter, report
to the Commissioner of Environmental Protection the results of any stack test or average
of the continuous emission monitor data, as applicable, used to demonstrate compliance
with the provisions of this subsection. Such reports shall be submitted on such forms
as may be prescribed by the Commissioner of Environmental Protection.
(5) The provisions of this subsection, when implemented by the Commissioner of
Environmental Protection, shall not suspend any underlying procedures or requirements
as set forth in the regulations of Connecticut state agencies.
(c) On or before July 1, 2012, the Commissioner of Environmental Protection shall
conduct a review of the mercury emission limits applicable to all affected units in the
state. On or after July 1, 2012, the Commissioner of Environmental Protection may
adopt regulations, in accordance with the provisions of chapter 54, imposing mercury
emission limits that are more stringent than such emissions requirements provided for
in subparagraph (A) or (B) of subdivision (1) of subsection (b) of this section.
(P.A. 03-72, S. 1-3; P.A. 08-124, S. 18.)
History: P.A. 03-72 effective June 3, 2003; P.A. 08-124 made technical changes in Subsecs. (b) and (c), effective June
2, 2008.