Murtha Means More

Connecticut DEEP Proposes Permit-by-Rule for Combined Heat-and-Power Systems

December 5, 2012

The Environmental Department at Murtha Cullina LLP wants you to be aware that in an effort to streamline the approval process for combustion turbines and internal combustion engines used to generate electricity and heat for use onsite, the Department of Energy and Environmental Protection (DEEP) has proposed a new rule that will eliminate the need for individual permits for qualifying combined heat and power (CHP) systems.  To qualify, the CHP system must meet certain requirements, including but not limited to the following:

  • a total generation capacity of < 10 MW capacity;
  • a total efficiency of > 55%;
  • potential emissions of 15 tons or more per year of any pollutant; and
  • natural gas as the primary fuel, with up to 10% low sulfur oil as an auxiliary fuel.

The proposed rule also includes limitations on nitrogen oxides, particulate, carbon monoxide and ammonia.  Operation under the permit-by-rule is voluntary.  Large CHP systems, CHP systems added to facilities that are major sources and CHP systems that trigger environmental justice review will not qualify to operate under the proposed permit-by-rule.

A public hearing is scheduled for December 13, 2012 at 1:30 p.m. in DEEP’s Holcombe Room on the 5th Floor.  DEEP has requested that any person giving oral comment at this public hearing also submit a written copy of their comments.  Comments on the proposed amendments may also be submitted to the attention of Merrily A. Gere, no later than December 13, 2012 by facsimile to (860) 424-4064, by electronic mail to or by post to:

Department of Energy & Environmental Protection
Bureau of Air Management, Engineering & Enforcement
79 Elm Street
Hartford, CT  06106-5127

If you wish to submit comments or would like more information concerning the proposal, please contact  Mark Sussman (, or any of the other members of Murtha Cullina’s Environmental Practice Group.  Similarly, for issues pertaining to public hearings and legislation, please feel free to contact Jane Murphy ( or any of the members of our Government Affairs Group.

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