DEEP is continuing to carry out its mission and provide services while keeping both the public and our workforce safe during the COVID-19 pandemic. Click here for the latest updates on DEEP's response to COVID-19. DEEP COVID-19 Response

What's New in Air Permitting?
Archived News
photo of windmills with phone number
2012      |      2011      |      2010
EPA Proposes to Update the Mercury and Air Toxics Standards for New Power Plants
As of November 16, 2012 EPA has proposed to update emission limits for new power plants under the Mercury and Air Toxics Standards (MATS). The updates would only apply to future power plants; would not change the types of state-of-the-art pollution controls that they are expected to install; and would not significantly change costs or public health benefits of the rule. The public will have the opportunity to comment for 30 days after publication in the Federal Register and at a public hearing in Washington DC if one is requested.

For more information please visit the main MATS webpage.

August 1, 2012
UPDATE: No Action Assurance extended by EPA for Area Source Boiler Rule
As of July 18, 2012, EPA is extending the deadline in the March 13, 2012 No Action Assurance letter which establishes that EPA will exercise its discretion not to pursue violations of the deadline for area source boilers to complete the initial tune-up in the final Area Source Boiler NESHAP.
The No Action Assurance will continue until either the final reconsideration rule is issued and becomes effective, or until December 31, 2012, whichever date comes first. For more information view the July 18, 2012 No Action Assurance Memo as well as the EPA Boiler Compliance at Area Sources webpage.

July 18, 2012
New Title V/Title IV Permit Revision Application and Updated Title V Permit Application Now Available
The DEEP Bureau of Air Management has created a new Revision Application for a Title V or Title IV Permit to streamline both the submittal and processing of such requests.  The use of this form will reduce processing time by ensuring that all information required for the revision is submitted with the application form while excluding unnecessary information.

The main Title V Permit application form has also been updated to remove the option of requesting a permit revision as well as updating the tables in Part IV: Checklists for Applicable Requirements. Please note that there is now the opportunity to add subparts that are not listed to the end of the tables for 40 CFR Parts 60, 61, and 63, as these lists are constantly changing. 

The forms and instructions are available on the Air Permitting Forms webpage and should be used for any future requests submitted to the Department.

June 27, 2012
DEEP Air Inventory Radius Search Tool Released
The DEEP Bureau of Air Management has created the DEEP Air Inventory Radius Search Tool to aid in the preparation of modeling analyses prepared for new source review permitting.
This tool allows you to enter a geographic location (“centroid”) in UTM format, and a radius in kilometers, and retrieve a list of inventoried point sources within that radius. The point source data is limited to those in the State of Connecticut and is based on 2008 air emissions inventory data. Once generated, the data can be sorted, trimmed, and otherwise manipulated in a spreadsheet or database.

April 23, 2012
New Air License Revocation Request Form Now Available
The DEEP Bureau of Air Management has created a new License Revocation Request Form that simplifies requests to revoke New Source Review Permits, Title V Permits, Title IV Acid Rain Permits, GPLPE Approval of Registrations or Registrations issued under the former RCSA Section 22a-174-2. 
The forms and instructions are available on the Air Permitting Forms webpage and should be used for any future revocation requests submitted to the Department.

March 15, 2012
No Action Assurance Letter issued by EPA for Area Source Boiler Rule
EPA issued a No Action Assurance letter on March 13, 2012, which establishes that EPA will exercise its discretion not to pursue violations of the deadline for area source boilers to complete the initial tune-up by March 21, 2012. This applies only to the initial tune-up timeline and does not affect any other provisions of the Area Source Boiler NESHAP.

The No Action Assurance is to remain in effect until either (1) 11:59 PM EDT, October 1, 2012, or (2) the effective date of a final rule addressing the proposed reconsideration of the Area Source Boiler NESHAP, whichever occurs earlier.

Boiler MACT Proposal Published in Federal Register
The proposed MACTs for Institutional, Commercial and Industrial Boilers and Process Heaters (Boilers) and the Commercial and Institutional Solid Waste Incinerators (CISWI), which were announced on December 2, have been published in the Federal Register. This publication commences the 60-day public comment period, which expires on February 21, 2012.
For further information please visit: http://www.epa.gov/ttn/atw/boiler/boilerpg.html

December 12, 2011
CTDEEP Air Permit Wizard Now Available 
The DEEP Bureau of Air Management has developed the CTDEEP Air Permit Wizard which is an interactive questionnaire that will help owners and operators of air pollution emissions sources determine permit applicability.   This questionnaire currently covers RCSA Sections 22a-174-3a , -3b , -3c and -42 .  The CTDEEP Air Permit Wizard, along with other helpful air permitting tools, can always be found on the Air Permitting Assistance Webpage.
If you have questions, comments or suggestions for improvements for the CTDEEP Air Permit Wizard, please contact Soumya Kallath at soumya.kallath@ct.gov.

October 26, 2011
Connecticut BACT Database Now Available 
In order to aid in the preparation of Best Available Control Technology (BACT) determinations for New Source Review permitting, the Bureau of Air Management has developed the CT BACT database which contains all minor source and major source BACT determinations made over, at least, the past five years.  The BACT determinations can be browsed and custom reports can be run based on permit issue dates, pollutants and EPA process codes.  The CT BACT Database can always be found on the Air Permitting Assistance Webpage.
If you have questions, comments or suggestions for improvements please contact Louis Corsino at louis.corsino@ct.gov.

September 13, 2011
Operation of Emergency Engines in Response to Hurricane Irene 
Recognizing that the severe weather conditions related to Hurricane Irene resulted in widespread power outages and the operation of emergency engines to provide essential services and protect the public interest, DEEP has issued a temporary authorization for such emergency engine operation.  Under the temporary authorization, emergency engine operation in response to Hurricane Irene will not be included in determining compliance with the permit-by-rule requirements of RCSA section 22a-174-3b as well as other provisions of the air quality regulations or permits issued thereunder.
If you have questions concerning the authorization, please contact Bob Girard, Assistant Director, at (860) 424-3702 or robert.girard@ct.gov.

September 6, 2011
DEEP Releases New Source Review (NSR) Minor Modification and Revision Forms to Streamline Permitting Process 
DEEP has developed two new forms to streamline the permitting process for minor modifications and revisions to New Source Review (NSR) permits. These forms aid the applicant in submitting a complete application as each form specifies the information that is required to be submitted with each request.
The new forms are available on our air permitting forms webpage.  If you have any questions regarding the new forms, please contact the engineer of the day at (860) 424-4152.

May 23, 2011
EPA Issues Notice to Stay Major Source Boiler Rule and CISWI Rule
The EPA Administrator signed a notice on May 16, 2011 that will stay the effective dates of the NESHAP for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters and the Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration (CISWI) Units. 
The final rules, which EPA published in the Federal Register on March 21, 2011, are each the subject of a pending petition for judicial review and have not yet become effective. Without the stay, however, the rules would have taken effect on May 20, 2011.
The stay will delay the rules from taking effect until the proceedings for judicial review are completed or EPA completes its reconsideration of the rules, whichever is earlier.

February 28, 2011
EPA Finalizes Emissions Standards for Boilers and Incinerators
On February 21, 2011, EPA established practical and protective Clean Air Act emissions standards for large and small boilers and incinerators that burn solid waste and sewage sludge. These standards cover more than 200,000 boilers and incinerators that emit harmful air pollution, including mercury, cadmium, and particle pollution.
EPA also announced that it will "reconsider"  certain aspects of the boiler and commercial/industrial solid waste incinerator (CISWI) rules.
Final Rules, Fact Sheets and Technical Assistance Fact Sheets can be found on the EPA Emissions Standards for Boilers and Incinerators Website 

EPA Issues New Greenhouse Gas (GHG) Framework Rules
On December 23, 2010, EPA issued a series of rules that put the necessary regulatory framework in place to ensure that industrial facilities can get Clean Air Act permits covering their GHG emissions when needed and that facilities emitting GHGs at levels below those established in the Tailoring Rule do not need to obtain Clean Air Act permits.
Additional materials regarding these new rules are located at the EPA GHG Webpage.

December 22, 2010
EPA proposes to approve draft revision to CT SIP for Parallel Processing to Incorporate GHG Rules
EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by DEEP, on December 9, 2010 for parallel processing. The proposed SIP revision makes two changes to DEEP's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program.
First, the proposed revision provides DEEP with the authority to regulate GHGs under its PSD program.  This is necessary because DEEP is required to apply its PSD program to GHG emitting sources, and unless it does so (or unless EPA promulgates a federal implementation plan to do so), such sources will be unable to receive preconstruction permits and therefore may not be able to construct or modify.
Second, the proposed revision establishes appropriate emission thresholds for determining which stationary sources and modification projects become subject to DEEP's PSD permitting requirements for their GHG emissions.  This is necessary because without it, on January 2, 2011, PSD requirements would apply at the 100 or 250 tons per year levels provided under the Clean Air Act which would overwhelm DEEP's permitting resources.

December 1, 2010
New General Permit to Limit Potential to Emit (GPLPE) Issued 
The General Permit to Limit Potential to Emit (GPLPE) was issued on November 19, 2010. The final notice was published on November 19, 2010 and has also been posted to the DEEP website along with other support documents.
The new GPLPE registration form and instructions were posted today along with the new GPLPE on the Air Emissions Permits Forms webpage.  Please note that the Application Transmittal Form is no longer required for the GPLPE registration submittal. 
Current facilities registered under the GPLPE will also be sent notification to re-register by mail.  Facilities are asked to submit re-registrations by January 24, 2011 to ensure continuous coverage in the GPLPE program.
If you have any questions regarding the GPLPE please contact the Engineer of the Day at (860) 424-4152.

November 22, 2010
EPA releases Greenhouse Gas (GHG) Permitting Assistance and Technical Information
EPA has released a PSD and Title V GHG Permitting Assistance document that provides the basic information that permit writers and applicants need to address GHG emissions in permits.  They have also released a GHG Permitting Fact Sheet and Question and Answer document to go along with the permitting assistance document.
These GHG permitting assistance documents are also available on our GHG Permitting Webpage.

October 25, 2010
DEEP launches new Greenhouse Gas Permitting Webpage
A new Greenhouse Gas (GHG) Permitting webpage has been developed to collect and organize the growing amount of information regarding the GHG Tailoring Rule implementation and future permitting impacts.
The new webpage contains links to the relative regulations and fact sheets, communications between CT and EPA, comments received on the draft state GHG rules, and more.

October 7, 2010
EPA Issues Final Rule to Establish Increments, Significant Impact Levels and a Significant Monitoring Concentration for Fine Particle Pollution (PM2.5)
On September 29, 2010, the EPA established important elements of the Clean Air Act PSD program for PM2.5.
When a source applies for a permit to emit a regulated pollutant in an area that meets the NAAQS, the state and EPA must determine if emissions of the regulated pollutant from the source will cause ”significant” deterioration in air quality.
This final rule establishes several components for making PSD permitting determinations for fine particle pollution. These components address air quality modeling and monitoring provisions for fine particle pollution in areas protected by the PSD program and include: increments, significant impact levels (SILs), and a significant monitoring concentration (SMC).
The effect of this rule on the DEEP air permitting process is currently being reviewed and will be discussed in a future update after completion of that review.

October 4, 2010
GHG Tailoring Rule Implementation - Update
Effective January 2, 2011, Connecticut permit applicants and DEEP will be required to address greenhouse gas (GHG) emissions in permits issued under either the new source review (NSR) prevention of significant deterioration (PSD) or Title V program. 
On September 14, 2010, DEEP published a notice of hearing on its regulatory amendment to allow for GHG permitting at the emissions levels set out in the GHG Tailoring Rule.  The public hearing will be held on October 18, 2010 with the public comment period closing the same day.
On September 29, 2010, DEEP notified EPA, of its intention to revise its NSR PSD program regulations and indicated willingness to accept a SIP deadline of March 1, 2011, pursuant to the GHG SIP call.  DEEP also submitted comments on the proposed SIP call. 
Proposed Regulatory Revisions to Include GHGs in Title V and NSR PSD Permitting Programs (PDF)

October 1, 2010
DEEP Releases Analysis of Permit Processes Report 
DEEP today released its Permitting Assessment Report, which analyzes the current time needed for action on permit applications and recommends steps that can be taken to improve these time frames while maintaining environmental standards.
DEEP prepared this report in compliance with Public Act 10-158 – legislation proposed by Governor M. Jodi Rell as a result of the work of a Permitting Task Force she formed in February. This law required DEEP to evaluate its 25 individual permitting programs and identify "the process improvements, additional resources, staffing and programmatic changes" needed to meet specific time frame goals.
Information regarding the development of this report can be found on the DEEP Permit Process Assessment webpage.

August 23, 2010
EPA Guidance Concerning the Implementation of the 1-hour SO2 NAAQS for the PSD Program
EPA is anticipating that some new major stationary sources or major modifications, especially those involving relatively short stacks, may experience difficulty demonstrating that emissions from proposed projects will not cause or contribute to a modeled violation of the new 1-hour SO2 NAAQS. 
EPA is also anticipating problems that sources may have interpreting the modeled 1-hour SO2 impacts if the form of the hourly standard is not properly addressed.
To respond to these and other related issues, EPA has provided the following guidance for implementing the new 1-hour SO2 NAAQS under the PSD program.

 
August 18, 2010
GPLPE Re-Issuance
The proposed General Permit to Limit Potential to Emit (GPLPE) tentative determination public notice was published on August 18, 2010.  The 30 day public comment period will be open until September 18, 2010.  Written comments may be directed to Susan Amarello.  Additional contact information is available in the public notice. 
Noteworthy revisions to the GPLPE include:
  • inclusion of definitions for GHG and CO2e, as well as GHG emission limitations of 100,000 tons on a CO2e basis;
  • the threshold for submitting Emission Summaries has been increased from 50% to 80%; and
  • a requirement has been added for each Permittee to perform annual calculations of actual emissions.

August 12, 2010
EPA Proposes Two Rules on Clean Air Act Permitting for Greenhouse Gas Emissions
The U.S. EPA is proposing two rules to ensure that businesses planning to build new, large facilities or make major expansions to existing ones will be able to obtain Clean Air Act permits that address their greenhouse gas (GHG) emissions. In the spring of 2010, EPA finalized the GHG Tailoring Rule , which specifies that beginning in 2011, projects that will increase GHG emissions substantially will require an air permit. Today’s rules will help ensure that these sources will be able to get those permits regardless of where they are located.
In the first rule, EPA is proposing to require permitting programs in 13 states to make changes to their implementation plans to ensure that GHG emissions will be covered. All other states that implement an EPA-approved air permitting program must review their existing permitting authority and inform EPA if their programs do not address GHG emissions.
    
Because some states may not be able to develop and submit revisions to their plans before the Tailoring Rule becomes effective in 2011, in the second rule, EPA is proposing a federal implementation plan, which would allow EPA to issue permits for large GHG emitters located in these states. This would be a temporary measure that is in place until the state can revise its own plan and resume responsibility for GHG permitting.
On July 20, 2010, DEEP notified EPA, as required by the GHG Tailoring Rule, of its intention to revise its NSR PSD and Title V program regulations and estimated the time necessary to obtain approval for such revisions.

July 6, 2010
EPA's Clean Air Transport Rule
On July 6, 2010 the EPA proposed a rule that would help states reduce air pollution and attain clean air standards by addressing the problem of interstate transport of air pollution.  The EPA will take public comment on the proposal for 60 days following publication in the Federal Register.

June 29, 2010
EPA Guidance Concerning the Implementation of the 1-hour NO2 NAAQS for the PSD Program
EPA is aware of reports from stakeholders indicating that some sources – both existing and proposed – are modeling potential violations of the 1-hour NO2 standard.  To respond to these reports and facilitate the PSD permitting of new and existing sources, EPA has issued the following guidance for implementing the new 1-hour NO2 NAAQS.

June 10, 2010
Air Permit Review Update
Request for input on permit priorities and timeframes as discussed at SIPRAC in response to Public Act 10-158.

May 13, 2010
Air Permitting Process Assessment
Review of the air permitting program.  Use the following link to view the presentation:

Content Last Updated May 22, 2014