MEMORANDUM 

Date : March 9, 2011 

SUBJECT: Technical Support Document (TSD) for the Connecticut Submittal to Fulfill the 

FROM: Richard P. Burkhart V 6 

THRU: Anne Arnold, Chief l,A~a ~a

Air Quality Planning Unit ' 

TO: Docket for Connecticut Section 110 Ozone Infrastructure Submittal 

(EPA-RO1- OAR-2008-0639) 

What is the Background for this Action? 

On July 18, 1997, EPA promulgated a revised National Ambient Air Quality Standard (NAAQS) 

for ozone based on 8-hour average ozone concentrations . The 8-hour averaging period replaced 

the previous 1-hour averaging period, and the level of the NAAQS was changed from 0.12 parts 

per million (ppm) to 0.08 ppm. (See 62 FR 38856 .) The Clean Air Act (CAA) requires State 

Implementation Plans (SIPs) meeting the requirements of sections 110(a)(1) and (2) be submitted 

by states within 3 years after promulgation of a new or revised standard . Sections 110(a)(1) and 

(2) require states to address basic SIP requirements, including emissions inventories, monitoring, 

and modeling to assure attainment and maintenance of the standards. States were required to 

submit such SIPs for the 1997 standards to EPA no later than June 2000. However, intervening 

litigation over the 1997 8-hour ozone standards created uncertainty about how to proceed and 

certain States did not provide the required "infrastructure" SIP submission for this newly 

promulgated standard . 

Section 110(a) imposes the obligation upon States to make a SIP submission to EPA for a new or 

revised NAAQS, but the contents of that submission may vary depending upon the facts and 

circumstances . In particular, the data and analytical tools available at the time the State develops 

and submits the SIP for a new or revised NAAQS affects the content of the submission. The 

contents of such SIP submissions may also vary depending upon what provisions the State's 

existing SIP already contains . In the case of the 1997 8-hour ozone NAAQS, States typically 

have met the basic program elements required in section 110(a)(2) through earlier SIP 

submissions in connection with previous ozone standards . 

What is a Section 110(a)(1) and (2) SIP? 

Requirements for 1997 8-hour Ozone National Ambient Air Quality Standard 

Infrastructure Portion of the Clean Air Act Under Section 110(a)(2) 

Sections 110(a)(1) and (2) of the CAA require, in part, that states submit to EPA plans to 
2 

implement, maintain and enforce each of the NAAQS promulgated by EPA. EPA interprets this 

provision to require states to address basic SIP requirements including emission inventories, 

monitoring, and modeling to assure attainment and maintenance of the standards. By statute, 

SIPs meeting the requirements of Sections 110(a)(1) and (2) are to be submitted by States within 

three years after promulgation of a new or revised standard. These SIPs are commonly called 

infrastructure SIPs. 

EPA issued a guidance document regarding infrastructure SIPs on October 2, 2007, entitled, 

"Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2,5 National Ambient Air Quality Standards." This guidance noted that to the 

extent an existing SIP already meets the Section 110(a)(1) and (2) requirements, states need only 

to certify that fact via a letter to EPA. 

On March 4, 2004, Earth Justice submitted a notice of intent to sue related to EPA's failure to 

issue findings of failure to submit related to the "infrastructure" requirements for the 1997 8-hour 

ozone standards . EPA entered into a consent decree with Earth Justice which required EPA, 

among other things, to complete a Federal Register notice announcing EPA's determinations 

pursuant to section 110(k)(1)(B) as to whether each State has made complete submissions to 

meet the requirements of section 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 

2007 . Subsequently, EPA received an extension of the date to complete this Federal Register 

notice until March 17, 2008, based upon an agreement to make the findings with respect to 

submissions made by January 7, 2008 . In accordance with the consent decree, EPA made 

completeness findings for each state based upon what the Agency received from each state as of 

January 7, 2008 . 

On March 27, 2008, EPA published a final rulemaking entitled, "Completeness Findings for 

Section 110(a) State Implementation Plans; 8-hour Ozone NAAQS," making a finding that each 

State had submitted, or failed to submit, a complete SIP that provided the basic program 

elements of section 110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. (See 73 

FR 16205 .) For those States that did receive findings, the findings of failure to submit for all or 

a portion of a State's SIP established a 24-month deadline for EPA to promulgate a Federal 

Implementation Plan (FIP) to address the outstanding SIP elements unless, prior to that time, the 

affected States submit, and EPA approves, the required SIPs. However, the findings of failure to 

submit did not impose sanctions, set deadlines for imposing sanctions, or set deadlines for 

imposing sanctions as described in section 179 of the CAA, because these findings do not pertain 

to the elements contained in the Title I part D plan for nonattainment areas as required under 

section 110(a)(2)(1) . Additionally, the findings of failure to submit for the infrastructure 

submittals is not a SIP call pursuant to section 110(k)(5) . The findings that all or portions of a 

State's submission are complete establish a 12-month deadline for EPA to take action upon the 

complete SIP elements in accordance with section 110(k) . 

In July 2010, EPA entered into a Consent Decree with Sierra Club and WildEarth Guardians to 

take final action, no later than May 29, 2011, either approving, disapproving, or approving in 

part and disapproving in part, the 1997 8-hour ozone NAAQS Infrastructure SIP for Connecticut 
3 

and several other states, pursuant to section 110(k)(2) of the CAA, (42 U.S .C. § 7410(k)(2)). 

What did Connecticut Submit? 

The State of Connecticut section 110 infrastructure submittal was received by EPA Region I on 

December 28, 2007, and the submittal was determined to be complete on April 28, 2008. The 

Connecticut December 2007 section 110 submittal demonstrates how the state, where applicable, 

has a plan in place that meets the requirements of Section 110 for the 1997 8-hour ozone 

NAAQS. This plan is incorporated into the current Connecticut Air Quality SIP, the Connecticut 

General Statues (CGS) and/or the Regulations of the Connecticut State Air Agency (RCSA). In 

accordance with the October 2, 2007 guidance document, no public hearing was necessary for 

Connecticut's 110 ozone infrastructure submittal, since all of the Connecticut General Statutes 

and Connecticut air pollution control regulations, referenced in the submittal are publicly 

available, and all the CT DEP regulations, including the CT SIP, referenced in the submittal were 

subject to public notice and hearing when adopted . , 

As explained below, the state has the necessary infrastructure, resources, and general authority to 

implement the 1997 ozone NAAQS, except where specifically noted. It should be noted that the 

CT DEP has made numerous SIP revisions for both the previous 1-hour ozone standard and the 

revised 1997 ozone NAAQS. Connecticut air pollution control regulations that have been 

previously approved by EPA and incorporated into the Connecticut SIP are shown in the 

Appendix of this TSD and are posted on the Internet at : 

http ://www.epa. rov/re ionl/topics/air/sips/sips ct .html 

What are the required elements under Section 110(a)(1) and (2) for the 1997 8-hour ozone 

NAAQS? 

Section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must meet for "infrastructure" SIP requirements related to a 

newly established or revised NAAQS. These requirements include SIP infrastructure elements 

such as modeling, monitoring, and emissions inventories that are designed to assure attainment 

and maintenance of the NAAQS. The requirements that are the subject of this action are listed 

below, with their corresponding CAA subsection, and in EPA's October 2, 2007, memorandum 

entitled "Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-

Hour Ozone and PM2.5 National Ambient Air Quality Standards." 

. 

. 

. 

110(a)(2)(A) : 

11 0(a)(2)(13) : 

110(a)(2)(C) : 

110(a)(2)(D) : 

110(a)(2)(E) : 

110(a)(2)(F) : 

110(a)(2)(G) : 

110(a)(2)(H) : 

110(a)(2)(1) : 

Emission limits and other control measures. 

Ambient air quality monitoring/data system. 

Program for enforcement of control measures. 

Interstate transport. 

Adequate resources. 

Stationary source monitoring system. 

Emergency power. 

Future SIP revisions. ' 

Areas designated nonattainment and meet the applicable 
0 

. 

4 

requirements of part D. 

110(a)(2)(J) : Consultation with government officials; public notification ; and 

Prevention of Significant Deterioration (PSD) and visibility 

protection. 

110(a)(2)(K) : Air quality modeling/data. 

110(a)(2)(L) : Permitting fees. 

110(a)(2)(M) : Consultation/participation by affected local entities . 

Two elements identified in section 110(a)(2) are not governed by the 3 year submission deadline 

of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are 

not due within 3 years after promulgation of a new or revised NAAQS, but rather due at the time 

of the nonattainment area plan requirements are due pursuant to CAA section 172. These 

requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D Title I of the CAA, and (ii) submissions required 

by section 110(a)(2)(1) which pertain to the nonattainment planning requirements of part D, Title 

I of the CAA. As a result, this action does not address infrastructure elements related to section 

110(a)(2)(C) with respect to nonattainment NSR or 11 0(a)(2)(1) . 

EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D 

of Title I of the CAA to be governed by the submission deadline of section 110(a)(1) . 

Nevertheless, Connecticut has included some SIP provisions originally submitted in response to 

part D in its submission documenting its compliance with the infrastructure requirements of 

section 110(a)(1) and (2). Connecticut has over time continually updated the elements of its SIP 

addressing the ozone NAAQS, and the provisions reviewed here are a weave of SIP revisions 

submitted in response to the infrastructure requirements of section 110(a)(2) and the 

nonattainment requirements of part D. 

For the purposes of this action, EPA is reviewing any rules originally submitted in response to 

part D solely for the purposes of determining whether they support a finding that the state has 

met the basic infrastructure requirements under section 110(a)(2). For example, in response to 

the requirement to have enforceable emission limits under section 110(a)(2)(A), Connecticut 

cited to several rules that were submitted to meet the Reasonably Available Control Technology 

Controls (RACT) requirement of part D. EPA is here approving those rules as meeting the 

requirement to have enforceable emission limits on ozone precursors; any judgment about 

whether those emission limits discharge the state's obligation to impose RACT under part D was 

or will be made separately, in an action reviewing those rules pursuant to the requirements of 

part D. 

This action also does not address the requirements of 110(a)(2)(D)(i), which have been addressed 

by a separate finding issued by EPA on April 25, 2005 (70 FR 21147). 

Furthermore, EPA interprets the section 110(a)(2)(J) provision on visibility as not being 

triggered by a new NAAQS because the visibility requirements in Part C are not changed by a 

new NAAQS. 
5 

Does the Connecticut Infrastructure Submittal Meet the Requirements under Section 

110(a)(1) and (2) for the 1997 8-hour ozone NAAOS? 

The CT DEP, December 2007 submittal, for the section 110(a)(2) infrastructure elements lists 

specific provisions of the CGS, the RCSA and the Connecticut Air Pollution SIP and shows how 

the provisions of these laws and regulations meet the appropriate section 110 requirements as 

outlined in EPA's October 2, 2007 guidance. The specific sections of 110 are listed below, 

followed by a discussion of how the CT DEP submission meets these requirements . 

A. Emission limits and other control measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or 

techniques, schedules for compliance and other related matters. EPA notes that 

the specific nonattainment area plan requirements of Section 11 0(a)(2)(1) are 

subject to the timing requirement of Section 172, not the timing requirement of 

Section 110(a)(1). 

In this action, EPA is not proposing to approve or disapprove any existing state 

provisions with regard to excess emissions during startup, shutdown, or 

malfunction (SSM) of operations at a facility. EPA believes that a number of 

states have SSM provisions that are contrary to the Clean Air Act and to existing 

EPA guidance', and the Agency plans to address such state regulations in the 

future . In the meantime, EPA encourages any State having a deficient SSM 

provision to take steps to correct it as soon as possible 

In addition, in this action, EPA is not proposing to approve or disapprove any 

existing state rules with regard to director's discretion or variance provisions . 

EPA believes that a number of states have such provisions that are contrary to the 

Clean Air Act and existing EPA guidance (52 FR 45109 (November 24, 1987)), 

and the Agency plans to take action in the future to address such state regulations. 

In the meantime, EPA encourages any State having a director's discretion or 

variance provision that is contrary to the Clean Air Act and EPA guidance to take 

steps to correct the deficiency as soon as possible . 

CT DEP's response to this requirement: The December 2007 submittal cites 

an overview of the CGS and the RSCA. The relevant Connecticut air quality laws 

and regulations for this component of the 110 SIP are as follows : 

CGS Section 22a-6(a)(1). The Commissioner is empowered to "adopt, amend or 

repeal . . . such environmental standards, criteria, and regulations . . . as are 

necessary and proper to carry out his functions, powers and duties ." It is under 

this grant of authority that the Commissioner has adopted emissions standards and 

1 Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, 

Assistant Administrator for Air and Radiation. "State Implementation Plans (SIPs) : Policy Regarding Excess 

Emissions during Malfunctions, Startup, and Shutdown." Memorandum to EPA Air Division Directors, August 11, 

1999. 
6 

compliance schedules applicable to municipal waste combustors. 

CGS Section 22a-174 lists the Powers of the Commissioner, to adopt 

regulations, set fees, and issue General Permits . 

The sections of the Connecticut air quality regulations with specific emissions 

limits related to the control of ozone and ozone precursors include RCSA: 

22a-174-3a(i) Ambient air quality analysis 

22a-174-3a(j) Best Available Control Technology 

22a-174-3a(k) PSD 

22a-174-3a(1) Non-attainment area requirements and Controls 

22a-174-20 Control of organic compound emissions 

22a-174-22 Nitrogen Oxides (NOx) emissions 

22a-174-22b NOx budget program 

22a-174-22c Ozone season trading program 

22a-174-27 Periodic motor vehicle inspection and maintenance 

22a-174-30 Gasoline vapor recovery 

22a-174-32 Volatile Organic Compounds Reasonably Available Control 

Technology Controls 

22a-174-36 Low emission vehicles 

22a-174-36b Low emission vehicles Il program 

22a-174-40 Consumer products 

22a-174-41 Architectural and Industrial Maintenance Coatings 

22a-174-43 Portable fuel containers 

22a-174-44 Adhesives and sealants 

In addition Connecticut has adopted the California-Low Emission Vehicle 

standard for automobiles--CGS Section 22a-174g--California motor vehicle 

emission standards . 

EPA analysis : All of the CT regulations listed above were previously approved 

by EPA (see Appendix), with the exception of the rules addressing LEV lI, 

consumer products, AIM coatings, and adhesive and sealants. CT has submitted 

those four rules to EPA, and the Agency expects to propose approval of these 

rules into the SIP. The rules currently approved in the CT SIP apply a substantial 

level of control on ozone precursors consistent with the general requirement of 

CAA section 110(a)(2)(A), and CT DEP's December 2007 submittal meets the 

requirements of that section. 

B. Ambient air quality monitoring/data system: Section 110(a)(2)(B) requires 

SIPs to include provisions to provide for establishment and operation of ambient 

air quality monitors, collecting and analyzing ambient air quality data, and 

making these data available to EPA upon request. 
7 

CT DEP's response to this requirement: A comprehensive air quality 

monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted 

by the CTDEP to EPA on June 9, 1980, and November 17, 1980. (See 40 CFR 

52 .370.) This air monitoring network plan has been subsequently updated, with 

the most recent submittal on August 16, 2010. CT DEP negotiates monitoring 

network requirements with EPA in the annual Performance Partnership 

Agreement. CTDEP collects and reports ambient air quality data for 03, S02, 

N02, Pb, CO, PM,o and PM2,5. These data are reviewed and validated before 

being sent to the EPA air quality system, no later than 90 days after the end of a 

calendar quarter. 

EPA analysis : Connecticut's latest annual air monitoring network plan submitted 

on August 16, 2010 was approved by EPA on August 31, 2010. CT DEP's air 

monitoring program meets the requirements of CAA Section 110(a)(2)(B) . 

C. Program for enforcement of control measures : Section 110(a)(2)(C) requires 

states to include a program providing for enforcement of all SIP measures and the 

regulation of construction of new or modified stationary sources, including a 

program to meet PSD and nonattainment New Source Review (NSR) 

requirements. The requirements of section 110(a)(2)(C) that pertain to having an 

adequate NSR permit program in Part D Title I of the CAA are to be addressed 

separately and are not being addressed in this infrastructure SIP action . (This is 

similar to treatment of nonattainment requirements under section 110(a)(2)(I) .) 

This proposed action does not take any action to approve or disapprove any state 

rules with regard to NSR reform requirements for major sources. EPA will act on 

NSR reform submittals through a separate rulemaking process. 

EPA has determined that Connecticut's minor new source review program 

adopted pursuant to section 110(a)(2)(C) of the Act regulates emissions of ozone 

and its precursors (see RSCA 22a-174-3a) . EPA has also determined that certain 

provisions of several state's minor new source review programs adopted pursuant 

to section 110(a)(2)(C) of the Act likely do not meet all the requirements found in 

EPA's regulations implementing that provision. See 40 CFR 51 .160 - 51 .164. 

EPA previously approved the state's minor NSR program into the SIP, and there 

was at the time no objection to the provisions of this program. (See 58 FR 10987, 

February 23, 1993). Since then, the state and EPA have relied on the existing 

state minor NSR program to assure that new and modified sources not captured 

by the major NSR permitting programs do not interfere with attainment and 

maintenance of the NAAQS. 

In this action, EPA is proposing to approve Connecticut's infrastructure SIP for 

ozone with respect to the general requirement in section 110(a)(2)(C) to include a 

program in the SIP that regulates the modification and construction of any 

stationary source as necessary to assure that the NAAQS are achieved. EPA is 

not proposing to approve or disapprove the state's existing minor NSR program 

itself to the extent that it is inconsistent with EPA's regulations governing this 
program. 

EPA believes that a number of states may have minor NSR provisions that are 

contrary to the existing EPA regulations for this program. EPA intends to work 

with states to reconcile state minor NSR programs with EPA's regulatory 

provisions for the program. The statutory requirements of section 110(a)(2)(C) 

provide for considerable flexibility in designing minor NSR programs, and EPA 

believes it may be time to revisit the regulatory requirements for this program to 

give the states an appropriate level of flexibility to design a program that meets 

their particular air quality concerns, while assuring reasonable consistency across 

the country in protecting the NAAQS with respect to new and modified minor 

sources. 

CT DEP's response to this requirement : The December 2007 submittal cites 

the CGS and RCSA. The relevant Connecticut air quality laws and regulations 

for this component of the 110 SIP are as follows: 

CGS Section 22a-6(a)(5). The commissioner may, in accordance with 

constitutional limitations, enter at all reasonable times, without liability, upon any 

public or private property, except a private residence, for the purpose of 

inspection and investigation to ascertain possible violations of any statute, 

regulation, order or permit administered, adopted or issued by him and the owner, 

managing agent or occupant of any such property shall permit such entry . . . 

CGS Section 22a-6b. Imposition of civil penalties by the commissioner. 

CGS Section 22a-7(d). Civil actions. 

CGS Section 22a-171. "The commissioner shall . . . (4) adopt, amend, repeal and 

enforce regulations . . . and do any other act necessary to enforce the provisions of 

[Chapter 446c, entitled "Air Pollution Control," which encompasses CGS 

Sections 22a-170 through 22a-206] ." 

CGS Section 22a-174. Orders to correct violations . 

CGS Section 22a-175. Penalties for violations . 

CGS Section 22a-176. Consideration in making regulations and issuing orders . 

CGS Section 22a-177. Enforcement of Regulations . Complaints. 

CGS Section 22a-178. Orders to correct violations . 

RCSA section 22a-174-3a . Permit to construct and operate stationary sources. 

This section provides a permit program for enforceable emission limits and 
control measures. 

RCSA section 22a-174-12. Violations and Enforcement of the Regulations of 

Connecticut State Agencies. This section provides that "The Commissioner shall 

designate employees of DEP to be known as enforcement personnel, who shall, 

acting with or without complaints, conduct investigations and ascertain whether 

the Commissioner's regulations are being complied with." 

In addition it should be noted that RCSA Section 22(a)-174-1 list definitions : 

(59) "Major modification" means "major modification" as defined in 40 CFR 

51 .165 (a)(1)(v), provided that, for the purposes of this definition, the term 

"significant" has the same meaning as in 40 CFR 51 .166(b)(23)(i) and: 

(A) The values for nitrogen oxides as an ozone precursor and volatile 

organic compounds are each twenty-five (25) tons per year, and 

(B) Asbestos, beryllium and vinyl chloride are excluded. 

(60) "Major source baseline date" means January 6, 1975 for particulate matter 

and sulfur dioxide and February 8, 1988 for nitrogen dioxide. 

(61) "Major stationary source" means "major stationary source" as defined in 

40 CFR 51 .165(a)(1)(iv), provided that : 

(A) A stationary source that emits or has the potential to emit twenty-five 

(25) tons per year of volatile organic compounds or nitrogen oxides as an 

ozone precursor in any severe ozone nonattainment area is a "major 

stationary source ;" and 

(B) A stationary source that emits or has the potential to emit fifty (50) 

tons per year of volatile organic compounds or nitrogen oxides as an 

ozone precursor in any serious ozone nonattainment area is a "major 

stationary source ." 

Finally, RCSA Section 22(a)-174-2a Procedural Requirements for New Source 

Review, contains the regulations for NSR. 

EPA analysis : Connecticut's 110 submittal meets the requirements of CAA 

Section 110(a)(2)(C), with the following exception which is currently being 

addressed. EPA previously noted that Connecticut's PSD program had a 

deficiency because the state did not have the authority to implement the PSD 

permitting program with respect to greenhouse gas (GHG) emissions . (See 75 FR 

77698; December 13, 2010.) Connecticut proposed rule revisions to address this 

deficiency and EPA proposed approval of those revisions through parallel 

processing procedures on January 6, 2011 (76 FR 752) . On February 9, 2011, 

Connecticut submitted a final SIP revision addressing this deficiency . Final 

approval of Connecticut's GHG SIP revision is expected prior to final approval of 
10 

Connecticut's 110 infrastructure submittal. 

D. Interstate transport: Section 110(a)(2)(D) requires SIPs to include provisions 

prohibiting any source or other type of emissions activity in one state from 

contributing significantly to nonattainment, or interfering with maintenance of the 

NAAQS in another state, or from interfering with measures required to prevent 

significant deterioration of air quality or to protect visibility in another state. 

As noted above, this action does not address infrastructure elements related to 

section 110(a)(2)(D)(i) . 

Interstate and International transport provisions : Section 110(a)(2)(D)(ii) 

requires SIN to include provisions insuring compliance with the applicable 

requirements of sections 126 and 115 (relating to interstate and international 

pollution abatement) . Specifically, section 126(a) requires new or modified major 

sources to notify neighboring states of potential impacts from the source . 

EPA Analysis : Connecticut's PSD regulations provide for notice to most of the 

parties consistent with the requirements in the EPA PSD program, although there 

is no specific mandate that affected states receive notice . Connecticut in fact 

issues extensive notice of its draft permits, and neighboring states consistently get 

copied on those drafts . The State also has no pending obligations under section 

115 or 126(b) of the Act. The CT DEP procedures meet the requirements of 

CAA Section 110(a)(2)(D)(ii) . 

E. Adequate resources : Section 110(a)(2)(E) requires states to provide for 

adequate personnel, funding, and legal authority under state law to carry out its 

SIP and related issues . 

CT DEP's response to this requirement: The December 2007 submittal cites 

the relevant air quality laws and regulations for this component of the 110 SIP. 

They are as follows: 

CGS Section 22a-171 . Duties of Commissioner of Environmental Protection. 

"The commissioner shall (1) initiate and supervise programs for the purposes of 

determining the causes, effect and hazards of air pollution; (2) initiate and 

supervise state-wide programs of air pollution control education; (3) cooperate 

with and receive money from the federal government and, with the approval of 

the Governor, from any other public or private source ; (4) adopt, amend, repeal 

and enforce regulations as provided in section 22a-174 and do any other act 

necessary to enforce the provisions of this chapter and section 14-164c ; (5) advise 

and consult with agencies of the United States, agencies of the state, political 

subdivisions and industries and any other affected groups in furtherance of the 

purposes of this chapter." 
11 

Air Quality Implementation Plan, Chapter 11, Parts A-E (March 3, 1972). 

Describes the (A) existing organizations; (B) manpower; (C) funding; (D) 

physical resources and (E) local agencies . It stated, in part, "The Department of 

Environmental Protection will secure appropriations sufficient, in conjunction 

with federal assistance, to maintain the projected state funding levels ." 

EPA analysis : EPA has reviewed the above Laws and Regulations and has 

determined that the CT DEP's resources meet the requirements of CAA Section 

110(a)(2)(E) . 

F. Stationary source monitoring system: Section 110(a)(2)(F) requires states to 

establish a system to monitor emissions from stationary sources and to submit 

periodic emission reports. 

CT DEP's response to this requirement: The December 2007 submittal cites 

the relevant air quality laws and regulations for this component of the 110 SIP . 

They are as follows: 

CGS Section 22a-6(a)(5). "The commissioner may, in accordance with 

constitutional limitations, enter at all reasonable times, without liability, upon any 

public or private property, except a private residence, for the purpose of 

inspection and investigation to ascertain possible violations of any statute, 

regulation, order or permit administered, adopted or issued by him and the owner, 

managing agent or occupant of any such property shall permit such entry . . ." 

CGS Section 22a-174(c). Various powers of the commissioner related to 

permitting, inspections, and recordkeeping. 

RCSA section 22a-174-4. Source monitoring, record keeping and reporting. 

Paragraph (d)(1) states : "The commissioner may, by written notice, require the 

owner or operator of any source to create, maintain and submit data, records or 

reports of monitoring data and other information deemed necessary by the 

commissioner to evaluate compliance with chapter 446c of the Connecticut 

General Statutes and regulations promulgated there under. Such information shall 

be recorded, compiled and submitted on forms furnished or prescribed by the 

commissioner. The written notice shall provide the date by which such data, 

records or reports shall be submitted to the commissioner." 

RCSA section 22a-174-5. Methods for sampling, emission testing, sample 

analysis, and reporting. 

(e)(1) states that "The owner or operator of a stationary source of air pollution 

with maximum uncontrolled emissions of any particular air pollutant greater than 

one hundred (100) tons per year shall be required to carry out emission tests as 

prescribed by the Commissioner. Such test or tests shall be conducted at such 

intervals as the Commissioner may specify for an individual stationary source ." 
12 

Subsection (e)(2) states "In addition to the emission tests required in subdivision 

22a-174-5(e)(1), the commissioner may require the owner or operator of any 

stationary source to conduct emission tests of emissions ." 

RCSA section 22a-174-10 . Public availability of information. Paragraph (a) 

states : Any records, reports or other information obtained by the Commissioner or 

on file with the department shall, pursuant to the provisions of sections 1-7 

through 20 of the General Statutes, as amended, be made available to the public . 

EPA analysis : EPA has reviewed the above Laws and Regulations and has 

determined that CT DEP's submittal meets the requirements of CAA Section 

110(a)(2)(F) . These three regulations have been approved into the Connecticut 

SIP. (See Appendix.) 

G. Emergency power: Section 110(a)(2)(G) requires states to provide for authority 

to address activities causing imminent and substantial endangerment to public 

health, including contingency plans to implement the emergency episode 

provisions in their SIPs. 

CT DEP's response to this requirement: The December 2007 submittal cites 

the following air quality laws and regulations for this component of the 110 SIP: 

CGS Section 22a-181. Emergency action. 

RCSA section 22a-174-6. Air pollution emergency episode procedures . 

This section describes the existing emergency episode procedures in place, which 

are consistent with the significant harm levels as indicated in 40 CFR Part 51 .151 . 

EPA analysis : As noted in EPA's October 2, 2007 guidance, the significant 

harm level for the 8-hour ozone NAAQS shall remain unchanged at 0 .60 ppm 

ozone, 2 hour average, as indicated in 40 CFR Part 51 .151 . EPA believes that the 

existing ozone-related provisions of 40 CFR 51 Subpart H remain appropriate. 

Connecticut's RC SA sec. 22a-174-6 which has been approved by EPA (see 

Appendix) is consistent with the requirements of 40 CFR 51 .151 . The CT DEP's 

submittal meets the requirements of CAA Section 110(a)(2)(G) . 

H. Future SIP revisions : Section 110(a)(2)(H) requires states to have the authority 

to revise their SIPs in response to changes in the NAAQS, availability of 

improved methods for attaining NAAQS, or in response to an EPA finding that 

the SIP is substantially inadequate . 

CT DEP's response to this requirement: The December 2007 submittal cites 

the following regulations for this component of the 110 SIP : 

Air Quality Implementation Plan, Chapter 13, (March 3, 1972). "This 
13 

implementation plan is intended to be dynamic, not static . To this end, it will be 

revised when necessary." 

In addition, CGS Section 22a-6(a)(1) states that : 

The Commissioner is empowered to `adopt, amend or repeal . . . such 

environmental standards, criteria, and regulations . . . as are necessary and 

proper to carry out his functions, powers and duties' . 

EPA analysis : CT DEP's submittal meets the requirements of CAA Section 

110(a)(2)(H) . In addition it should be noted that the CT DEP has made numerous 

SIP revisions for both the former 1-hour ozone standard and the 1997 8-hour 

ozone NAAQS. (See Appendix). 

I. Areas designated nonattainment and meet the applicable requirements of 

Part D. 

EPA analysis : There are two elements identified in section 110(a)(2) are not governed 

by the 3 year submission deadline of section 110(a)(1) because SIN incorporating 

necessary local nonattainment area controls are not due within 3 years after promulgation 

of a new or revised NAAQS, but rather due at the time of the nonattainment area plan 

requirements are due pursuant to section 172 . These requirements are : (i) Submissions 

required by section 110(a)(2)(C) to the extent that subsection refers to a permit program 

as required in part D Title I of the CAA, and (ii) submissions required by section 

110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I 

of the CAA. As a result, this action does not address infrastructure elements related to 

section 110(a)(2)(C) with respect to nonattainment NSR or section 110(a)(2)(I) . 

J. 1. Consultation with government officials : Section 110(a)(2)(J) requires states 

to provide a process for consultation with local governments and Federal Land 

Managers carrying out NAAQS implementation requirements pursuant to Section 

121 relating to consultation . 

CT DEP's response to this requirement: The December 2007 submittal cites 

the CGS. The relevant Connecticut air quality laws for this component of the 110 

SIP are as follows: 

CGS Section 22a-171. Duties of Commissioner of Environmental Protection. 

"(5) advise and consult with agencies of the United States, agencies of the state, 

political subdivisions and industries and any other affected groups in furtherance 

of the purposes of this chapter." 

CGS Section 22a-174(d). "The commissioner shall have all incidental powers to 

carry out the purposes of [Chapter 446c, entitled "Air Pollution Control," which 

encompasses Conn. Gen. Stat . Sections 22a-170 through 22a-206] . . . 
14 

CGS Chapter 54. Uniform Administrative Procedures Act. 

In addition, the State Implementation Plan Revision Advisory Committee 

(SIPRAC) established in 1972 generally meets each month in Hartford. The 

meeting notices are posted on the CT DEP web site and the agenda is also 

available on the web site . 

EPA analysis : CT DEP's submittal meets the requirements of CAA Section 

110(a)(2)(J) for consultation with government officials. 

2. Public notification : Section 110(a)(2)(J) further requires states to notify the 

public if NAAQS are exceeded in an area and to enhance public awareness of 

measures that can be taken to prevent exceedances. 

CT DEP's response to this requirement: The December 2007 submittal cites 

an overview of the CGS. The relevant sections are as follows: 

CGS Section 4-168. Notice prior to action on regulations. 

CGS Section 22a-171 . Duties of Commissioner of Environmental Protection. 

. . ."(2) Initiate and supervise state-wide programs of air pollution control 

education;" 

CGS Section 22a-174(d). "The commissioner shall have all incidental powers to 

carry out the purposes of [Chapter 446c, entitled "Air Pollution Control," which 

encompasses Conn. Gen. Stat . Sections 22a-170 through 22a-206] . . . 

EPA analysis : CT DEP is one of the state partners participating in EPA's 

AIRNOW and Enviroflash Air Quality Alert programs . (See www.airnow.gov) 

CT DEP's submittal meets the requirements of CAA Section 110(a)(2)(J) for 

public notification . 

3. PSD and visibility protection : Section 110(a)(2)(J) also requires states to 

meet applicable requirements of Part C related to prevention of significant 

deterioration and visibility protection. EPA interprets this section 110 provision 

on visibility as not being "triggered" by a new NAAQS because the visibility 

requirements in part C are not changed by a new NAAQS. 

CT DEP's response to this requirement: The December 2007 submittal cites 

the following regulation for this component of the 110 SIP : 

RCSA section 22a-174-3a(k). Permit Requirements for Attainment Areas: 

Prevention of Significant Deterioration of Air Quality (PSD) Program. This 

section addresses the prevention of significant deterioration of air quality and 

visibility protection. 
15 

EPA analysis : As noted above, the relevant Connecticut regulations have been 

approved by EPA. Also, see the Appendix. By the time EPA takes final action 

on this section 110 infrastructure SIP, section 110(a)(2)(J) will be approvable with 

respect to GHG permitting because the state has submitted a SIP to address this 

issue (see element 110(a)(2)(C) above for more details) . Other than the stated 

GHG issue, which will be resolved prior to taking final action on this submittal, 

this element is meets the requirements of the CAA. 

K. Air quality and modeling/data : Section 110(a)(2)(K) requires that SIPs provide 

for performing air quality modeling for predicting effects on air quality of 

emissions from any NAAQS pollutant and submission of such data to EPA upon 

request. 

CT DEP's response to this requirement: The December 2007 submittal cites 

the following regulations for this component of the 110 SIP: 

RCSA section 22a-174-3a(i). Ambient Air Quality Analysis: "The 

commissioner may request any owner or operator to submit an ambient air quality 

impact analysis using applicable air quality models and modeling protocols 

approved by the commissioner." 

CGS Sec. 22a-5. Duties and powers of commissioner. The commissioner shall 

carry out the environmental policies of the state and shall have all powers 

necessary and convenient to faithfully discharge this duty. In addition to, and 

consistent with the environment policy of the state, the commissioner shall 

(a) promote and coordinate management of water, land and air resources to assure 

their protection, enhancement and proper allocation and utilization. . . 

(e) provide for the prevention and abatement of all water, land and air pollution 

including, but not limited to, that related to particulates, gases, dust, vapors, noise, 

radiation, odors, nutrients and cooled or heated liquids, gases and solids . 

EPA analysis : EPA previously approved Connecticut's section 22a-174-3 (see 

Appendix). CGS Sec. 22a-5 gives the CT DEP broad powers to conduct air 

quality modeling, and in exercise of this authority the CT DEP submitted an 

attainment demonstration, supported by modeling, to EPA for the 1997 8-hour 

ozone standard in February 2008. In addition, Connecticut is a member of and 

participates in the ozone attainment demonstration modeling efforts conducted by 

the Ozone Transport Commission. CT DEP's infrastructure submittal meets the 

requirements of CAA Section 110(a)(2)(K) . 

L. Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major 

stationary source to pay permitting fees to cover the cost of reviewing, approving, 

implementing and enforcing a permit, until such time as the SIP fee requirement 

is superseded by EPA's approval of the state's Title V operating permit program. 
16 

CT DEP's response to this requirement: The December 2007 submittal cites 

the following Laws and regulations for this component of the 110 SIP: 

CGS Section 22a-6(a)(10) . The commissioner may . . . by regulations adopted in 

accordance with the provisions of chapter 54 require the payment of a fee 

sufficient to cover . . . the reasonable cost of reviewing and acting upon an 

application for and monitoring compliance with the terms and conditions of any 

state or federal permit, license, registration, order, certificate or approval required 

CGS Section 22a-6f. Fees. 

CGS Section 22a-174(g). "The commissioner shall require, by regulations 

adopted in accordance with the provisions of chapter 54, the payment of a permit 

application fee sufficient to cover the reasonable costs of reviewing and acting 

upon an application for, and monitoring compliance with the terms and conditions 

of, any state or federal permit, license, order, certificate or approval required 

pursuant to this section. . . ." 

In addition, Connecticut referred to the following elements of its regulations 

implementing the operating permit program as provided in 40 CFR part 70 . 

RCSA section 22a-174-26(c)(1). "Each person to whom the commissioner issues 

a permit, or a modification or renewal thereto, under section 22a-174-3a, section 

22a-174-2a and section 22a-174-19 of the Regulations of Connecticut State 

Agencies shall pay a permit fee as prescribed in the fee schedule in subdivision 

(2) of this subsection." The fee schedule is set forth in Table 26-1 

of subsection 2. 

EPA analysis : CT DEP's submittal meets the requirements of CAA Section 

110(a)(2)(L) . While Connecticut's operating permit program is not formally 

approved into the state's SIP, it is a legal mechanism the state can use to ensure 

that CT DEP has sufficient resources to support the air program, consistent with 

the requirements of the SIP . EPA's full approval of Connecticut's title V program 

became effective on May 31, 2002. Before EPA can grant full approval, a state 

must demonstrate the ability to collect adequate fees. Connecticut's title V 

program included a demonstration the state will collect a fee from title V sources 

above the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i). 

Connecticut collects sufficient fees to administer the title V permit program. 

M. Consultation/participation by affected local entities : Section 110(a)(2)(M) 

requires states to provide for consultation and participation in SIP development by 

local political subdivisions affected by the SIP. 

CT DEP's response to this requirement: The December 2007 submittal cites 

the following law and regulations for this component of the 110 SIP : 
17 

CGS Section 4-168. Notice prior to action on regulations. 

Connecticut Air Quality Implementation Plan, Chapter 12 

"Intergovernmental Relations" (March 3, 1972). "The State will take 

immediate action in coordinating and delegating new responsibilities to local 

agencies that are prepared to accept the responsibility ." 

In addition, the State Implementation Plan Revision Advisory Committee 

(SIPRAC) established in 1972 generally meets each month in Hartford. The 

meeting notices are posted on the CT DEP web site and the agenda is also 

available on the web site . 

EPA analysis : CT DEP's submittal meets the requirements of CAA Section 

110(a)(2)(M) . 

RECOMMENDATION 

Connecticut's December 28, 2007 submittal includes a detailed description of 

how Connecticut's laws and regulations meet each of the CAA infrastructure SIP 

elements for the 1997 8-hour ozone standard . The CT DEP submittal generally meets the 

requirements of the CAA and the guidance issued by EPA as outlined in this TSD, with 

the noted exception of a lack of authority for GHG permitting . Therefore, EPA should 

approve Connecticut's submittal as meeting the requirements of sections 110(a)(2)(A), 

(B), (D)(ii), (E), (F), (G), (H), (K), (L), and (M). With respect to sections 110(a)(2)(C), 

and (J), EPA should fully approve Connecticut's submittal for these elements provided 

EPA approves the revised permitting program addressing GHG permitting prior to taking 

final action on the 110 infrastructure SIP. As noted above, this action does not address 

the nonattainment provisions of 110(a)(2)(C) and (I), does not address section 

110(a)(2)(D)(i), and does not address the visibility provisions of 110(a)(2)(J) . 

EPA should not take action on the following elements of the Connecticut SIP : 

" Any startup, shutdown, and malfunction provisions contrary to the Act; 

" Any directors discretion or variance provisions contrary to the Act; and 

" Any elements of the minor NSR program that are inconsistent with EPA's 

regulations. 
Ap ep ndix 

EPA-Approved Connecticut Air Quality Regulations 

for Ozone and Other Air Pollutants 

State Citation Title / Subject State Effective EPA Approval Explanations 

Date Date 

14-164c Periodic Motor 05/28/2004 12/05/2008 DMV regulation revisions for test 

Vehicle Emissions 73 FR 74019 and repair network and 

Inspection and implementing OBD2 and other tests . 

Maintenance 

22a-171 Duties of 01/12/1993 05/19/1994 Associated with the Small Business 

Commissioner of 59 FR 26123 Stationary Source Technical and 

Environmental Environmental Compliance 

Protection Assistance Program. 

22a-174-1 Definitions 03/15/2002 02/27/2003 Definitions except for the following 

68 FR 9009 sections: (4), (18), (20), (29), (44), 

(45), (60), (111), (112) and, (117). 

22a-174-2a Procedural 03/15/2003 02/27/2003 Except for the following sections : 

Requirements for 68 FR 9009 (a)(1) through (6); (b)(1) through (4); 

New Source Review introduction to (b)(5) ; (b)(5)(D), (F) 

and Title V and, the last sentence of (G); (b)(9) ; 

Permitting . (c)(2) ; clause after first comma "* * * 

or order pursuant to section 22a174- 

33(d) of regulations of Connecticut 

State Agency * * *" in the 

introduction to (c)(6) ; (c)(6)(B) and 

(C); clause after first comma "* * * or 

order pursuant to section 22a-174-

33(d) of Regulations of Connecticut 

State Agencies * * *" in (c)(9) ; 

reference to "Title V" in title of (d); 

(d)(4)(A) through (D); (d)(7)(A) 

through (D); (d)(8)(A) and (B); 

reference to "Title V" in title of (e); 

(e)(2)(A) and (B) ; (e)(3)(D); (e)(5)(A) 

through (F); reference to "Title V 

permit" in (e)(6) ; reference to "22a174-33" in first clause of 
introduction to (f)(2) ; (fi)(2)(F) ; (f)(5) ; 

(f)(6) ; (g)(1) and (2); 

(h)(1) through (3) and; (i)(1) through 

(3). 

22a-1 74-3a Permit to Construct 03/15/2002 02/27/2003 Except for the following sections: 

and Operate 68 FR 9009 (a)(1)(C); (c)(1)(H); (d)(3)(1) and (M); 

Stationary Sources references to "Dioxin," "PCDDs" and, 

"PCDFs" in Table 3a(i)-1 of (i)(1) 

and; (m)(1) through 

(8). 

22a-174-3b Permits for 4/4/06 8/31/06 Only the automotive refinishing 

construction and 71 FR 51761 requirements of 22a-174-3b are 

operation of being approved . Connecticut did not 

stationary sources submit the other subsections of the 

rule as part of its SIP revision . 

19-508-4 Source Monitoring, 10/31/1997 01/10/1995 Section 19-508-4 . Regulations of 

22a-1 74-4 Record Keeping, 60 FR 2524 Connecticut State Agencies 

Reporting and Abatement of Air Pollution ; and 

Authorization of Section 22a-1 74-4. Regulations of 

Inspection of Air Connecticut State Agencies 

Pollution Sources 

19-508-5 Methods for 12/191980 08/28/1981 

Sampling, Emission 46 FR 43418 

Testing, and 

Reporting 

19-508-6 Air Pollution 08/31/1979 12/23/1980 

Emergency Episode 45 FR 84769 

Procedures 

19-508-7 Malfunction of 04/04/1982 10/28/1972 

Control Equipment; 37 FR 23085 

Reporting 

19-508-8 Compliance Plan 02/O1/1989 02/23/1993 Section 19-508-4 and 22a-174-4. 

22a-1 74-8 and Schedules 58 FR 10957 

19-508-9 Prohibition ofAir 08/31/1979 08/12/1983 

Pollution 48 FR 36579 

19-508-10 Public Availability of 04/04/1972 10/28/1972 

Information 37 FR 23085 

19-508-11 Prohibition Against 04/04/1972 10/28/1972 

Concealment or 37 FR 23085 

Circumvention 
3 

19-508-12 Violations and 04/04/1972 10/28/1972 

Enforcement 37 FR 23085 

19-508-13 Variances 08/31/1979 12/23/1980 

45 FR 84769 

19-508-14 Compliance with 04/04/1972 05/31/1972 

Regulation No 37 FR 10842 

Defense to Nuisance 

Claim 

19-508-15 Severability 04/04/1972 05/31/1972 

37 FR 10842 

19-508-16 Responsibility to 04/04/1972 05/31/1972 

Comply with 37 FR 10842 

Applicable 

Regulations 

19-508-17 Control of Open 04/04/1972 05/31/1972 

Burning 37 FR 10842 

19-508-18 Control of 07/11/1981 09/23/1982 

Particulate 47 FR 41958 

Emissions 

19-508-19 Control of Sulfur 11/02/1981 11/18/1981 

Compound 46 FR 56612 

Emissions 

22a-174-20 Control of Organic 04/01/1998 10/19/2000 

Compound 65 FR 62620 

Emissions 

19-508-21 Control of Carbon 04/04/1972 10/28/1972 

Monoxide Emissions 37 FR 23085 

22a-174-22 Control of Nitrogen 01 /23/1997 10/06/1997 

Oxides Emissions 62 FR 52016 

22a-174-22a Nitrogen Oxides 03/03/1999 09/28/1999 

(NOx) Budget 64 FR 52233 

Program 09/04/2007 O1/24/2008 

73 FR 4105 

22a-174-22b Post-2002 Nitrogen 09/29/1999 12/27/2000 

Oxides (NOx) 65 FR 81743 

Budget Program 09/04/2007 01/24/2008 

73 FR 4105 

Repealed as of January 24, 2008 . 

Superseded by CAIR (22a-1 74-22c). 

Repealed as of May 1, 2010 . 

Superseded by CAIR (22a-1 74-22c) . 
4 

22a-174-22c The Clean Air 09/04/2007 01/24/2008 

Interstate Rule 73 FR 4105 

(CAIR) Nitrogen 

Oxides (NOx) Ozone 

Season Trading 

Program . 

19-508-24 Connecticut Primary 10/08/1980 12/13/1985 

and Secondary 50 FR 50906 

standards 

19-508-25 Effective Date 04/04/1972 10/28/1972 

37 FR 23085 

22a-174-27 Emission Standards 08/25/2004 12/05/2008 DEP regulations including emissions 

and On-Board 73 FR 74019 standards and OBD2 requirements . 

Diagnostic II Test 

Requirements for 

Periodic Motor 

Vehicle Inspection 

and Maintenance 

22a-174-28 Oxygenated 09/28/1999 12/01/1999 

Gasoline 64 FR 67188 

22a-1 74-30 Dispensing of 05/10/2004 8/31/06 Added new requirements for PV 

Gasoline/Stage II 71 FR 51 761 vents and increased frequency of 

Vapor Recovery Stage II testing . All of 22a-174-30 is 

approved with the exception of 

subsection (c)(5), which the state did 

not submit as part of the SIP 

revision . 

22a-174-32 Reasonably 08/27/1999 10/19/2000 December 23, 2005 four 

Available Control 65 FR 62620 Connecticut Consent Orders, 

Technology for [8229A, 8190, 8200, and 82371 

Volatile Organic were adopted into the SIP under 

Compounds 22a-174-32, (10/24/2005 

70 FR 61384) . 

22a-174-36 Low Emission O1/29/1999 08/16/1999 Section 22a-174-36(a) through 

Vehicles 64 FR 44411 36(f) state effective 12/23/1994 ; 

Section 22a-174-36(g) state 

effective 01 /29/1999 . 

22a-174-38 Municipal Waste 10/26/2000 12/06/2001 The nitrogen oxide emission limits 

Combustors 66 FR 63311 and related regulatory provisions of 

22a-1 74-38, Municipal Waste 

Combustors, included in sections 
22a-174-38 (a), (b), (c), (d), (i), (j), 

(k), (I), and (m). 

22a-1 74-43 Portable Fuel 05/10/2004 08/31/2006 

Container Spillage 71 FR 51761 

Control