MEMORANDUM



### Date: March 9, 2011 SUBJECT: Technical Support Document (TSD) for the Connecticut Submittal to Fulfill the 

### FROM : Richard P. Burkhart V 6 ~a THRU : Anne Arnold, Chief l,A~a Air Quality Planning Unit ' TO : Docket for Connecticut Section 110Ozone Infrastructure Submittal

(EPA-RO1- OAR-2008-0639) What is the Background for this Action? OnJuly 18, 1997, EPApromulgated arevised 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 ofthe NAAQSwas changed from0 .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 ofsections 110(a)(1) and (2) be submitted by states within 3 years afterpromulgation ofa 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 ofthe standards. States were required to submit such SIPs for the 1997 standards to EPAno laterthan 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 EPAfor a new or revised NAAQS, but the contents ofthat submission mayvary 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 ofthe submission. The contents ofsuch SIP submissions may also vary depending upon what provisions the State's existing SIPalready contains. In the case ofthe 1997 8-hour ozone NAAQS, States typically have met the basic programelements 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 ofthe CleanAir Act Under Section 110(a)(2)

Sections 110(a)(1) and (2) of the CAArequire, in part, that states submit to EPA plans to2

implement, maintain and enforce each ofthe NAAQSpromulgated by EPA . EPAinterprets this provision to require states to address basic SIP requirements including emission inventories, monitoring, and modeling to assure attainment and maintenance ofthe 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 ofa 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 PM2,5National 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 offailure to submit related to the "infrastructure" requirements for the 1997 8-hour ozone standards. EPAentered into a consent decree with EarthJustice which required EPA, amongother 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 ofsection 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPAreceived an extension ofthe 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 fromeach state as of January 7, 2008. On March 27, 2008, EPApublished 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 ofsection 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 offailure to submit for all or a portion ofa State's SIP established a 24-month deadline for EPAto promulgate a Federal Implementation Plan (FIP) to address the outstanding SIP elements unless, priorto that time, the affected States submit, and EPAapproves, the required SIPs. However, the findings offailure to submit did not impose sanctions, set deadlines for imposing sanctions, or set deadlines for imposing sanctions as described in section 179 ofthe CAA, because these findings do not pertain to the elements contained in the Title I part Dplan for nonattainment areas as required under section 110(a)(2)(1) . Additionally, the findings offailure to submit for the infrastructure submittals is not a SIPcall pursuant to section 110(k)(5) . The findings that all or portions ofa State's submission are complete establish a 12-month deadline for EPAto take action upon the complete SIP elements in accordance with section 110(k) . In July 2010, EPAentered 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 Connecticut3

and several other states, pursuant to section 110(k)(2) ofthe CAA, (42 U .S.C. § 7410(k)(2)) . What did Connecticut Submit? The State ofConnecticut section 110 infrastructure submittal was received by EPARegion I on December 28, 2007, and the submittal was determined to be complete on April 28, 2008. The Connecticut December 2007 section 110submittal demonstrates how the state, where applicable, has a plan in place that meets the requirements ofSection 110for 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 ofthe Connecticut State Air Agency (RCSA) . In accordance with the October 2, 2007 guidance document, no public hearing was necessary for Connecticut's 110ozone 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 DEPregulations, 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 SIPrevisions 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 EPAand incorporated into the Connecticut SIP are shown in the Appendix ofthis TSDand 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 SIPinfrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance ofthe NAAQS. The requirements that are the subject ofthis action are listed below, with their corresponding CAAsubsection, 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) : 110(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 ofcontrol measures. Interstate transport. Adequate resources. Stationary source monitoring system . Emergency power. Future SIP revisions. ' 

### Areas designated nonattainment and meet the applicable0

. 4

requirements ofpart D

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

Prevention ofSignificant Deterioration (PSD) andvisibility 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. Twoelements identified in section 110(a)(2) are not governed by the 3 year submission deadline ofsection 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation ofa new or revised NAAQS, but rather dueat the time ofthe nonattainment area plan requirements are due pursuant to CAAsection 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 DTitle I ofthe CAA, and (ii) submissions required by section 110(a)(2)(1) which pertain to the nonattainmentplanning requirements ofpart D, Title I ofthe CAA

. As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSR or 110(a)(2)(1) . EPAdoes not consider SIP requirements triggered by the nonattainment area mandates in part D of Title I ofthe CAAto be governed by the submission deadline ofsection 110(a)(1) . Nevertheless, Connecticut has included some SIP provisions originally submitted in response to part Din 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 ofsection 110(a)(2) and the nonattainment requirements of part D . For the purposes ofthis action, EPAis reviewing any rules originally submitted in response to part Dsolely for the purposes ofdeterminingwhether 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 . EPAis here approving those rules as meeting the requirement to have enforceable emission limits on ozone precursors; anyjudgment about whether those emission limits discharge the state's obligation to impose RACT under part Dwas 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 EPAon April 25, 2005 (70FR21147) . Furthermore, EPAinterprets the section 110(a)(2)(J) provision on visibility as not being triggered by a new

NAAQS because thevisibility requirements in Part Care 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 ofthe CGS, the RCSAand the Connecticut Air Pollution SIP and shows how the provisions ofthese laws and regulations meet the appropriate section 110requirements as outlined in EPA's October 2, 2007 guidance. The specific sections of 110are listed below, followed by a discussion of how the CT DEPsubmission 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. EPAnotes that the specific nonattainment area plan requirements of Section 110(a)(2)(1) are subject to the timing requirement of Section 172, not the timing requirement of Section 110(a)(1) . In this action, EPAis not proposing to approve or disapprove any existing state provisions with regard to excess emissions during startup, shutdown, or malfunction (SSM) ofoperations at a facility. EPAbelieves that a number of states have SSM

provisions that are contrary to the CleanAir Act and to existing EPAguidance', and the Agencyplans to address such state regulations in the future. In the meantime, EPAencourages any State having a deficient SSM provision to take steps to correct it as soon as possible In addition, in this action, EPAis not proposing to approve or disapprove any existing state rules with regard to director's discretion or variance provisions. EPAbelieves that a number ofstates have such provisions that are contrary to the Clean Air Act and existing EPAguidance (52 FR45109(November 24, 1987)), and theAgency plans to take action in the future to address such state regulations. In the meantime, EPAencourages any State having a director's discretion or variance provision that is contrary to the Clean Air Act and EPAguidance 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

ofthe CGS and the RSCA. The relevant Connecticut air quality laws and regulations forthis component ofthe 110 SIPare 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, andRobert Perciasepe, AssistantAdministrator forAir and Radiation. "State Implementation Plans (SIPs) : Policy Regarding Excess Emissions during Malfunctions, Startup, and Shutdown." Memorandumto EPAAir Division Directors, August 11, 1999.6 compliance schedules applicable to municipal waste combustors. CGS Section 22a-174lists the Powers ofthe Commissioner, to adopt regulations, set fees, and issue General Permits. The sections ofthe Connecticut air quality regulations with specific emissions limits related to the control ofozone 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 oforganic 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 vaporrecovery 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-LowEmission Vehicle standard for automobiles--CGS Section 22a-174g--California motor vehicle emission standards. EPAanalysis: All ofthe CT regulations listed above were previously approved by EPA(see Appendix), with the exception of the rules addressing LEVlI, consumer products, AIM coatings, and adhesive and sealants. CT has submitted those four rules to EPA, and the Agency expects to propose approval ofthese rules into the SIP

. The rules currently approved in the CT SIP apply a substantial level ofcontrol on ozone precursors consistent with the general requirement of CAAsection 110(a)(2)(A), and CT DEP's December 2007 submittal meets the requirements ofthat 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 EPAupon request.7 CT DEP's response to this requirement: Acomprehensive air quality monitoring plan, intended to meet requirements of 40 CFRpart 58, was submitted by the CTDEPto EPAon 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 DEPnegotiates monitoring network requirements with EPA in the annual Performance Partnership Agreement. CTDEPcollects and reports ambient air quality data for 03, S02, N02, Pb, CO, PM,o and PM2,5 . These data are reviewed andvalidated before being sent to the EPAair quality system, no laterthan 90 days after the end of a calendar quarter. EPAanalysis : Connecticut's latest annual air monitoring network plan submitted on August 16, 2010 was approved by EPAon August 31, 2010 . CT DEP's air monitoring program

meets the requirements of CAASection 110(a)(2)(B) . C . Program

for enforcement ofcontrol measures: Section 110(a)(2)(C) requires states to include a program providing for enforcement ofall SIPmeasures and the regulation ofconstruction of new or modified stationary sources, including a program to meet PSDand nonattainment New Source Review

(NSR) requirements. The requirements of section 110(a)(2)(C) that pertain to having an adequate NSRpermit programin Part DTitle I ofthe CAAare 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 NSRreformrequirements for major sources. EPAwill act on NSR reformsubmittals through a separate rulemaking process. EPA has determined that Connecticut's minor new source review

program adopted pursuant to section 110(a)(2)(C) oftheAct regulates emissions ofozone and its precursors (see RSCA22a-174-3a) . EPA has also determined that certain provisions ofseveral state's minor new source review programs adopted pursuant to section 110(a)(2)(C) ofthe Act likely do not meet all the requirements found in EPA's regulations implementing that provision. See 40 CFR 51 .160 - 51 .164. EPApreviously approved the state's minor NSRprograminto the SIP, and there was at the time no objection to the provisions ofthis program . (See 58 FR 10987, February 23, 1993) . Since then, the state and EPA have relied on the existing state minor NSRprogram to assure that new

and modified sources not captured by the major NSRpermitting programs do not interfere with attainment and maintenance ofthe NAAQS. In this action, EPAis proposing to approve Connecticut's infrastructure SIPfor ozone with respect to the general requirement in section 110(a)(2)(C) to include a programin the SIP that regulates the modification and construction ofany stationary source as necessary to assure that the NAAQSare achieved. EPAis not proposing to approve or disapprove the state's existing minor NSRprogram itself to the extent that it is inconsistent with EPA's regulations governing thisprogram . EPAbelieves that a number ofstates may have minor NSRprovisions that are contrary to the existing EPAregulations for this program . EPAintends to work with states to reconcile state minor NSRprograms with EPA's regulatory provisions for the program . Thestatutory requirements of section 110(a)(2)(C) provide for considerable flexibility in designing minor NSRprograms, and EPA believes it may be time to revisit the regulatory requirements for this programto 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 ofthe 110SIP 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 ofany statute, regulation, order or permit administered, adopted or issued by him and the owner, managing agent or occupant ofany such property shall permit such entry . . . CGS Section 22a-6b. Imposition ofcivil 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 ofRegulations. 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 andcontrol measures. RCSAsection 22a-174-12. Violations and Enforcement ofthe Regulations of Connecticut StateAgencies. This section provides that "The Commissioner shall designate employees of DEPto 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 40CFR 51 .165 (a)(1)(v), provided that, for the purposes ofthis definition, the term "significant" has the same meaning as in 40 CFR51 .166(b)(23)(i) and: (A) Thevalues for nitrogen oxides as an ozone precursor and volatile organic compounds are each twenty-five (25) tons per year, and (B) Asbestos, berylliumandvinyl 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) Astationary source that emits or has the potential to emit twenty-five (25) tons per year ofvolatile organic compounds or nitrogen oxides as an ozone precursor in any severe ozone nonattainment area is a "major 

### stationary source;" and (B) Astationary source that emits or has the potential to emit fifty (50) tons per year ofvolatile organic compounds or nitrogen oxides as an ozone precursor in any serious ozone nonattainment area is a "major stationary source." Finally, RCSASection 22(a)-174-2a Procedural Requirements for New Source Review, contains the regulations for NSR . EPAanalysis : Connecticut's 110submittal meets the requirements of CAA Section 110(a)(2)(C), with the following exception which is currently being addressed. EPApreviously noted that Connecticut's PSDprogramhad 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 EPAproposed approval ofthose revisions through parallel processing procedures onJanuary 6, 2011 (76FR 752) . On February 9, 2011, Connecticut submitted a final SIP revision addressing this deficiency. Final approval ofConnecticut's GHGSIP revision is expected prior to final approval of10 Connecticut's 110 infrastructure submittal . D . Interstate transport: Section 110(a)(2)(D) requires SIPs to include provisions prohibiting any source or other type ofemissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance ofthe NAAQS in another state, or frominterfering 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 SINto include provisions insuring compliance withthe 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 fromthe source. EPAAnalysis: Connecticut's PSDregulations provide for notice to most ofthe parties consistent with the requirements in the EPA PSDprogram, 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) oftheAct. The CT DEP procedures meet the requirements of CAASection 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 ofthe 110SIP . 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 ofair pollution control education; (3) cooperate with and receive money fromthe federal government and, with the approval of the Governor, fromany 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 ofthis chapter and section 14-164c; (5) advise and consult with agencies ofthe United States, agencies ofthe state, political subdivisions and industries and any other affected groups in furtherance ofthe purposes ofthis 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 ." EPAanalysis: EPAhas reviewed the above Laws and Regulations and has determined that the CT DEP's resources meet the requirements of CAASection 110(a)(2)(E) . F. Stationary source monitoring system : Section 110(a)(2)(F) requires states to establish a systemto 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 forthis component ofthe 110SIP. 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 ofany statute, regulation, order or permit administered, adopted or issued by himand the owner, managing agent or occupant of any such property shall permit such entry . . ." CGS Section 22a-174(c) . Various powers ofthe commissioner related to permitting, inspections, and recordkeeping. RCSAsection 22a-174-4 . Source monitoring, record keeping and reporting. Paragraph (d)(1) states: "The commissioner may, by written notice, require the owner or operator ofany 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 informationshall 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 ." RCSAsection 22a-174-5 . Methods for sampling, emission testing, sample analysis, and reporting. (e)(1) states that "The owner or operator of a stationary source ofair pollution with maximum

uncontrolled emissions ofany 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 ofany stationary source to conduct emission tests ofemissions." RCSAsection 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 20ofthe General Statutes, as amended, be made available to the public. EPAanalysis: EPAhas reviewed the above Laws and Regulations and has determined that CT DEP's submittal meets the requirements of CAASection 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 implementthe emergency episode provisions intheir SIPs. CT DEP's response to this requirement: The December 2007 submittal cites the following air quality laws and regulations for this component ofthe 110SIP : CGS Section 22a-181. Emergency action. RCSAsection 22a-174-6 . Air pollution emergency episode procedures. This section describes the existing emergency episode procedures in place, which are consistent withthe significant harmlevels as indicated in 40 CFRPart 51 .151 . EPAanalysis: As noted in EPA's October 2, 2007 guidance, the significant harmlevel for the 8-hour ozone NAAQS shall remain unchanged at 0.60 ppm ozone, 2hour average, as indicated in 40 CFRPart 51 .151 . EPAbelieves that the existing ozone-related provisions of 40 CFR 51 Subpart Hremain appropriate. Connecticut's RC

SAsec. 22a-174-6which 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 CAASection 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 EPAfinding 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 110SIP: Air Quality Implementation Plan, Chapter 13, (March 3, 1972) . "This13 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' . EPAanalysis : CT DEP's submittal meets the requirements of CAASection 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 . EPAanalysis : There are two elements identified in section 110(a)(2) are not governed by the 3 year submission deadline ofsection 110(a)(1) because SINincorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation ofa 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 DTitle I ofthe CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements ofpart D, Title I ofthe CAA

. As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSRor 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 ofthe 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 ofthe state, political subdivisions and industries and any other affected groups in furtherance ofthe purposes ofthis chapter." CGSSection 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-170through 22a-206] . . .14 CGS Chapter 54

. UniformAdministrative 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 DEPweb site and the agenda is also available on the web site. EPAanalysis: CT DEP's submittal meets the requirements of CAASection 110(a)(2)(J) for consultation with government officials. 2 . Public notification: Section 110(a)(2)(J) further requires states to notify the public ifNAAQS 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

ofthe CGS. The relevant sections are as follows: CGS Section 4-168

. Notice prior to action on regulations. CGS Section 22a-171 . Duties ofCommissioner of Environmental Protection.

. . ."(2) Initiate and supervise state-wide programs ofair 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-170through 22a-206] . . . EPAanalysis: CT DEPis one ofthe state partners participating in EPA's AIRNOW

and Enviroflash Air QualityAlert programs. (See www .airnow .gov) CT DEP's submittal meets the requirements of CAASection 110(a)(2)(J) for public notification. 3 . PSDandvisibility protection: Section 110(a)(2)(J) also requires states to meet applicable requirements of Part Crelated to prevention ofsignificant deterioration andvisibility protection. EPAinterprets this section 110provision on visibility as not being "triggered" by a new NAAQS because thevisibility requirements in part Care 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 110SIP: RCSAsection 22a-174-3a(k) . Permit Requirements for Attainment Areas: Prevention ofSignificant Deterioration ofAir Quality (PSD) Program . This section addresses the prevention of significant deterioration ofair quality and visibility protection.15 EPAanalysis: As noted above, the relevant Connecticut regulations have been approved by EPA

. Also, see the Appendix. By the time EPAtakes final action on this section 110infrastructure SIP, section 110(a)(2)(J) will be approvable with respect to GHGpermitting because the state has submitted a SIPto address this issue (see element 110(a)(2)(C) above for more details) . Other than the stated GHGissue, which will be resolved priorto taking final action on this submittal, this element is meets the requirements ofthe CAA . K . Air quality and modeling/data: Section 110(a)(2)(K) requires that SIPs provide forperforming air quality modeling for predicting effects on air quality of emissions fromany NAAQS pollutant and submission ofsuch data to EPAupon request. CT DEP's response to this requirement: The December 2007 submittal cites the following regulations for this component ofthe 110SIP : 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 ofcommissioner. The commissioner shall carry out the environmental policies ofthe state and shall have all powers necessary and convenient to faithfully discharge this duty. In addition to, and consistent with the environment policy ofthe state, the commissioner shall (a) promote and coordinate management ofwater, land and air resources to assure theirprotection, enhancement and proper allocation and utilization. . . (e) provide for the prevention and abatement ofall 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. EPAanalysis : 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 ofthis authority the CT DEPsubmitted an attainment demonstration, supported by modeling, to EPAfor the 1997 8-hour ozone standard in February 2008. In addition, Connecticut is a member ofand participates in the ozone attainment demonstration modeling efforts conducted by the Ozone Transport Commission. CT DEP's infrastructure submittal meets the requirements of CAASection 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 apermit, until such time as the SIP fee requirement is superseded by EPA's approval ofthe state's Title Voperating permit program .16 CT DEP's response to this requirement: The December 2007 submittal cites the following Laws and regulations for this component ofthe 110SIP : CGS Section 22a-6(a)(10) . The commissioner may . . . by regulations adopted in accordance with the provisions ofchapter 54 require the payment ofa fee sufficient to cover . . . the reasonable cost of reviewing and acting upon an application for and monitoring compliance with the terms and conditions ofany 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 ofchapter 54, the payment ofa permit application fee sufficient to cover the reasonable costs of reviewing and acting upon an application for, and monitoring compliance withthe 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 ofits regulations implementing the operating permit program as provided in 40CFRpart 70. RCSAsection 22a-174-26(c)(1) . "Each personto 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) ofthis subsection." The fee schedule is set forth in Table 26-1 ofsubsection 2

. EPAanalysis: CT DEP's submittal meets the requirements of CAASection 110(a)(2)(L) . While Connecticut's operating permit programis 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 ofthe SIP. EPA's full approval of Connecticut's title Vprogram became effective on May 31, 2002. Before EPAcan grant full approval, a state must demonstrate the ability to collect adequate fees. Connecticut's title V programincluded a demonstration the state will collect a fee fromtitle Vsources above the presumptive minimumin accordance with 40 CFR 70.9(b)(2)(i) . Connecticut collects sufficient fees to administer the title Vpermit 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 ofthe 110SIP:17 CGSSection 4-168

. Notice prior to action on regulations. Connecticut Air Quality Implementation Plan, Chapter 12 "Intergovernmental Relations" (March 3, 1972). "The Statewill 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 DEPweb site and the agenda is also available on the website. EPAanalysis: CT DEP's submittal meets the requirements of CAASection 110(a)(2)(M) . RECOMMENDATION Connecticut's December 28, 2007 submittal includes a detailed description of how Connecticut's laws and regulations meet each ofthe CAAinfrastructure SIP elements for the 1997 8-hour ozone standard. The CT DEPsubmittal generally meets the requirements ofthe CAAand the guidance issued by EPAas outlined in this TSD, with the noted exception of a lack ofauthority for GHGpermitting. Therefore, EPAshould 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), EPAshould fully approve Connecticut's submittal for these elements provided EPAapproves the revised permitting program addressing GHGpermitting 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 thevisibility provisions of 110(a)(2)(J) . EPAshould not take action on the following elements ofthe Connecticut SIP: " Any startup, shutdown, and malfunction provisions contrary to theAct; " Any directors discretion or variance provisions contrary to theAct; and " Any elements ofthe minor NSRprogram 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 EPAApproval 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 ofintroduction 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

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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 ofJanuary 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 sections22a-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