CHAPTER 446c
AIR POLLUTION CONTROL

Table of Contents

Sec. 22a-174l. Emergency engines and distributed generation resources.
Sec. 22a-198. Title IV sulfur dioxide emission standards. Credit trading. Suspension of credit trading prohibition by the commissioner.
Sec. 22a-200c. Implementation of Regional Greenhouse Gas Initiative. Regional Greenhouse Gas account. Auctioning of allowances.

      Sec. 22a-174l. Emergency engines and distributed generation resources. (a) Not later than sixty days after June 4, 2007, the Commissioner of Energy and Environmental Protection shall issue notice of intent to issue a general permit regarding the construction and operation of new or existing emergency engines and distributed generation resources that (1) generate no more than two megawatts of electricity; and (2) are approved by the Public Utilities Regulatory Authority to participate in the markets administered by the regional independent system operator in accordance with subsection (b) of section 16-246g. Before issuing such permit, the sources to be covered by such permit shall provide the Commissioner of Energy and Environmental Protection with any information said commissioner deems necessary for the issuance of such permit. Any such general permit shall be issued in accordance with the provisions of subsection (k) of section 22a-174 and the general permit, and any authorization to operate under such permit, shall expire on the later of December 31, 2010, or ninety days after the energizing of the Middletown-Norwalk 345 kv transmission line approved by the Connecticut Siting Council. Notwithstanding this section, the Commissioner of Energy and Environmental Protection may, in consultation with the chairperson of the Public Utilities Regulatory Authority, renew such general permit in accordance with the provisions of subsection (k) of section 22a-174, provided the Commissioner of Energy and Environmental Protection determines that renewal of such general permit is consistent with the requirements of subsection (b) of this section. The provisions of the general permit shall include, but not be limited to: Minimum setback provisions, limitations on hours of operation, requirements for air pollution controls certified to achieve a minimum reduction in emissions of nitrogen oxides of ninety per cent, directionally correct offsets at a ratio to be determined by the Commissioner of Energy and Environmental Protection, required control equipment, requirements for monitoring, reporting and recordkeeping, and any other requirement that said commissioner deems necessary. The provisions of this section are in addition to any other authority provided by law to said commissioner.

      (b) When issuing or renewing the general permit pursuant to this section, the Commissioner of Energy and Environmental Protection shall consider energy generation that will maximize the savings to the state's electric ratepayers and benefit the state's economy as a whole, but shall ensure that any emission increases resulting from the operation of sources covered by the general permit are offset by emission decreases from sources in Connecticut consistent with Connecticut's air quality attainment planning needs and requirements. The sources of decreases in emissions may include, but not be limited to, electric generation sources and demand response.

      (P.A. 07-242, S. 102; P.A. 11-80, S. 1, 61.)

      History: P.A. 07-242 effective June 4, 2007; P.A. 11-80 amended Subsec. (a) by changing "Commissioner of Environmental Protection" to "Commissioner of Energy and Environmental Protection", changing "Department of Public Utility Control" to "Public Utilities Regulatory Authority" and changing "Public Utilities Control Authority" to "Public Utilities Regulatory Authority", amended Subsec. (b) by changing "Commissioner of Environmental Protection" to "Commissioner of Energy and Environmental Protection" and deleting provision re consultation with chairperson of Public Utilities Control Authority, and deleted former Subsec. (c) re report to General Assembly, effective July 1, 2011.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      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 Energy and 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 Energy and 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 Energy and 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 Energy and Environmental Protection, shall not suspend any underlying procedures or requirements in the Regulations of Connecticut State Agencies adopted by the Department of Energy and 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 Energy and 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 Energy and Environmental Protection, in consultation with the chairperson of the Public Utilities Regulatory 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 Energy and Environmental Protection, in consultation with the chairperson of the Public Utilities Regulatory 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; P.A. 11-80, S. 1, 63.)

      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); P.A. 11-80 changed "Commissioner of Environmental Protection" to "Commissioner of Energy and Environmental Protection", changed "Department of Environmental Protection" to "Department of Energy and Environmental Protection" and changed "Public Utilities Control Authority" to "Public Utilities Regulatory Authority", effective July 1, 2011.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-200c. Implementation of Regional Greenhouse Gas Initiative. Regional Greenhouse Gas account. Auctioning of allowances. (a) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with chapter 54, to implement the Regional Greenhouse Gas Initiative.

      (b) The Department of Energy and Environmental Protection shall auction all emissions allowances and invest the proceeds, which shall be deposited into a Regional Greenhouse Gas account established by the Comptroller as a separate, nonlapsing account within the General Fund, on behalf of electric ratepayers in energy conservation, load management and Class I renewable energy programs. In making such investments, the Commissioner of Energy and Environmental Protection shall consider strategies that maximize cost effective reductions in greenhouse gas emission. Allowances shall be auctioned under the oversight of the Department of Energy and Environmental Protection by a contractor or trustee on behalf of the electric ratepayers.

      (c) The regulations adopted pursuant to subsection (a) of this section may include provisions to cover the reasonable administrative costs associated with the implementation of the Regional Greenhouse Gas Initiative in Connecticut and to fund assessment and planning of measures to reduce emissions, mitigate the impacts of climate change and to cover the reasonable administrative costs of state agencies associated with the adoption of regulations, plans and policies in accordance with section 22a-200a. Such costs shall not exceed seven and one-half per cent of the total projected allowance value. Such regulations may also set aside a portion of the allowances to support the voluntary renewable energy provisions of the Regional Greenhouse Gas Initiative model rule and combined heat and power.

      (d) Any allowances or allowance value allocated to the energy conservation load management program on behalf of electric ratepayers shall be incorporated into the planning and procurement process in sections 16a-3a and 16a-3b.

      (P.A. 07-242, S. 93; P.A. 08-98, S. 4; Sept. Sp. Sess. P.A. 09-8, S. 36; P.A. 11-80, S. 1, 64.)

      History: P.A. 07-242 effective July 1, 2007; P.A. 08-98 amended Subsec. (c) to permit allowances to be used to cover certain administrative costs of state agencies; Sept. Sp. Sess. P.A. 09-8 amended Subsec. (b) to add provision re deposit into Regional Greenhouse Gas account, effective October 5, 2009; P.A. 11-80 changed "Commissioner of Environmental Protection" to "Commissioner of Energy and Environmental Protection" and "Department of Environmental Protection" to "Department of Energy and Environmental Protection" and deleted references to Department of Public Utility Control, effective July 1, 2011.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)