Connecticut Department of

ENERGY &

ENVIRONMENTAL

PROTECTION

November 23, 2011

Mr. H. Curtis Spalding, Regional Administrator

USEPA Region 1 - New England

5 Post Office Square

Mail Code: ORA01-4

Boston, MA 02109-3912

Re: 2008 8-Hour Ozone NationaI Ambient Air Quality Standard

Dear Administrator Spalding:

On October 28, 2011, Governor Dannel P. Malloy wrote to Administrator Lisa Jackson regarding

upcoming designations for the 2008 national ambient air quality standard (NAAQS) for 8-hour

ozone, as required by section 107(d) of the federal Clean Air Act (CAA). The Governor

requested that the United States Environmental Protection Agency (EPA) establish a superregional nonattainment area encompassing an eighteen state area, including Connecticut. Due to

the well documented phenomena of interstate air pollution transport, sources located in this area

contribute to monitored air quality values in Connecticut that exceed the 8-hour ozone NAAQS

of 75 parts per billion (ppb).

I am disappointed to learn that EPA staff has informed Department of Energy and Environmental

Protection (Department) staff that EPA will not grant Connecticut’s request for a super-regional

nonattainment area. EPA’s inability to consider a super-regional nonattainment area as a viable

tool to address overwhelming interstate air pollution transport will continue to result in the

disproportionate impact to Connecticut’s economy and public health by failing to align

nonattainment areas like Connecticut with regions that can control pollution sources more costeffectively.

In light of your refusal of our request, I refer you to the previous letter sent by Connecticut to Ira

Leighton on March 12, 2009, requesting that EPA establish nonattainment areas for the 2008 8-

hour ozone NAAQS using the same boundaries established for the 1997 8-hour ozone NAAQS.

This request sought to avoid unnecessary confusion among Connecticut’s regulated community

and the general public that may otherwise result from having three distinct nonattainment area

boundaries within Connecticut for the 2008 8-hour ozone NAAQS. If EPA will not create a

single super-regional nonattainment area, we request that the EPA revert back to having only two

non-attainment areas in Connecticut: one in Southwest Connecticut tied to the New York City

metropolitan non-attainment area (Fairfield, New Haven, and Middlesex counties), and the other

covering the remainder of Connecticut.
November 23, 2011

Page 2

Connecticut’s ability to comply with the 2008 8-hour ozone NAAQS is substantially

compromised due to the overwhelming influence of transported air pollution from upwind states.

We have done our fair share to reasonably address local emissions in a cost effective manner, but

cannot continue to shoulder a disproportionate burden that fails to yield significant benefits while

giving upwind contributors a free pass. As part of the implementation of the 2008 8-hour ozone

NAAQS, we expect EPA to ensure that every state fully addresses its contribution to any other

state’s ozone nonattainment.

Thank you for your time and consideration. If you have any questions related to this letter,

please contact Anne Gobin, Air Management Bureau Chief, at (860) 424-3026.

CC: Dan Esty, Commissioner, CTDEEP

Anne Gobin, CTDEEP

Sincerely,

Macky McCleary

Deputy Commissioner