Connecticut Department of

f' .? ENERGY &

~~1'iII

ffi5t)p~ ENVI RONMENTAL

PROTECTION

79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

December 28, 2012

David Conroy, Chief, Air Programs Branch

EPA New England Regional Office

5 Post Office Square, Suite 100

Boston, MA 02109-3912

Re: Connecticut State Implementation Plan with Regard to the

Infrastructure Requirements ofClean AirAct Section 110(a)(1) and (2) for the

2008 Ozone National AmbientAir Quality Standards

Dear Mr. Conroy:

Pursuant to Clean Air Act (CAA) section 110(a)(1) and (2), all states are required to submit

plans to implement, maintain and enforce the 2008 ozone primary and secondary national

ambient air quality standards (NAAQS), including such basic requirements as emissions

inventories, monitoring and modeling to assure attainment and maintenance ofthe NAAQS.

As described in the enclosed explanation, Connecticut's State Implementation Plan (SIP), as

identified in 40 CFR 52, subpart H, will satisfy EPA's requirements related to CAA section

110(a)(1) and (2) for the 2008 ozone primary and secondary NAAQS after completion ofthe

identified regulatory updates. This submission also includes the necessary docum~nts to satisfy

the public participation requirements of 40 CFR 51, Appendix V, Section 2.1. The structure of

this submission is as follows:

• Enclosure A: Explanation ofthe Adequacy of Connecticut's SIP with Regard to the

Infrastructure Elements for the 2008 Primary and Secondary Ozone NAAQS

• Enclosure B: Connecticut General Statutes (CGS) section 1-85, satisfying the conflict of

interest requirements of CAA Section 128(a)(2), as specified by CAA Section

110(a)(2)(E)

• Enclosure C: Public Participation Documentation

- Attachment 1: Notice of public hearing and comment period;

- Attachment 2: Attendees at the public hearing;

- Attachment 3: Certification of public hearing; and

- Attachment 4: Hearing report, addressing all comments received.

The enclosures meet EPA's infrastructure requirements for the 2008 ozone NAAQS. The

submittal ofCGS section 1-85 is applicable for all other pollutants requiring an infrastructure

SIP. Therefore, please incorporate the submittal ofCGS section 1-85 into the other

infrastructure SIPs submitted.
We look forward to working with EPA as a critical partner in our continuing mission to

conserve, improve and protect the environment and public health for the citizens ofConnecticut.

We are submitting electronic versions ofthis SIP revision to the copy recipients listed below. I

certify that those electronic copies are an exact duplicate ofthis hard copy.

Sincerely,

UJ - /~~-~-

Anne R. Gobin

Chief, Bureau of Air Management

Enclosures

Anne Arnold, EPA Region 1 (via electronic mail)

Richard Burkhart, EPA Region 1 (via electronic mail)
Page 1

Enclosure A

Adequacy Determination of the Connecticut State Implementation Plan for

Clean Air Act Section 110(a) Infrastructure Elements:

2008 Ozone National Ambient Air Quality Standards

On March 12, 2008, the U.S. Environmental Protection Agency (EPA) revised the primary and 

secondary national ambient air quality standards (NAAQS) for ozone. Specifically, EPA 

established identical primary and secondary 8-hour standards at a level of 75 parts per billion, 

based on the 3-year average of the fourth-highest value of the yearly distribution of 8-hour daily 

maximum concentrations. EPA finalized initial designations on April 30, 2012, assigning two 

marginal nonattainment areas in Connecticut: the Greater Connecticut Nonattainment Area 

(Hartford, Litchfield, New London, Tolland and Windham Counties and Mashantucket Pequot 

and Mohegan Tribes of Connecticut); and the New York-Northern New Jersey-Long Island NYNJ-CT Nonattainment Area (a multi-state area including Connecticut‟s Fairfield, Middlesex and 

New Haven Counties). 

Pursuant to Clean Air Act (CAA) Section 110(a)(l) and (2), all states are required to submit any 

necessary revisions to their State Implementation Plans (SIP) to provide for the implementation, 

maintenance and enforcement of any revised or new NAAQS. States are required to maintain a 

comprehensive air quality management infrastructure, including enforceable emission 

limitations, an ambient monitoring program, an enforcement program, air quality modeling, and 

adequate personnel, resources, and legal authority. Section 110(a)(2)(D)(i) also requires each 

SIP to prohibit emissions from within the state that contribute significantly to nonattainment or 

maintenance areas in any other state, or which interfere with programs to prevent significant 

deterioration of air quality or to achieve reasonable progress toward the national visibility goal 

for Federal class I areas (national parks and wilderness areas). 

The ozone infrastructure SIP revisions were due in March 2011. However, the 2008 ozone 

NAAQS was subject to legal review and subsequent EPA reconsideration, leaving the level of 

the standard and the designations unknown in March 2011. The Connecticut Department of 

Energy and Environmental Protection (DEEP) deemed it ineffective and inefficient to submit an 

infrastructure SIP until the level of the standard and the designations were known. 

DEEP hereby reviews its program infrastructure in relation to the revised 2008 ozone NAAQS 

for each of the required CAA section 110(a)(2) infrastructure elements. Details of how 

Connecticut‟s SIP now satisfies or will, after revision, satisfy EPA‟s requirements are set out in 

Table 1 below.

Recognizing the need for a regulatory update with respect to recent NAAQS revisions, DEEP is 

drafting revisions to section 22a-174-24 of the Regulations of Connecticut State Agencies

(RCSA). Such a revision will ensure consistency between the state and Federal ambient air 

quality standards, including the 2008 ozone NAAQS. DEEP commits to pursue adoption of such 

regulatory revisions and seeks to complete the adoption by September 30, 2013. 
Page 2

The interstate air pollution transport provisions of CAA section 110(a)(2)(D) require additional 

discussion. Based on available modeling conducted by EPA and the Ozone Transport 

Commission, Connecticut and other states will require additional emission reductions from 

national and upwind state control programs to address transported emissions and attain the ozone 

NAAQS. Connecticut has adopted a suite of control measures to limit in-state ozone precursor 

emissions, as set out in Table 1. Federal and state control programs have resulted in estimated 

NOx reductions of about 20% in Connecticut between 2007 and 2012. Additional NOx 

reductions in Connecticut of about 15% are anticipated from already adopted controls between 

2012 and 2015, with more reductions projected in the years that follow. Corresponding CSAPR 

modeling projections for 2014 (a year before marginal areas are required to attain) indicate that 

Connecticut will no longer contribute significantly to out-of-state nonattainment issues in any 

area currently designated by EPA as nonattainment for the 2008 ozone NAAQS, with the 

exception of the NY/NJ/CT area. Rather than continuing to disadvantage Connecticut‟s 

competitiveness and further the past inequity, DEEP will wait for EPA to address the CAA 

section 110(a)(2)(D) obligation of upwind states to assure the airshed wide control strategy 

focuses on the most cost effective and largest contributors.

Connecticut continues to update existing measures while looking for new opportunities to cost 

effectively limit in-state ozone precursor emissions. In addition, with both energy and 

environmental issues now under the purview of DEEP, Connecticut is refocusing efforts to 

increase renewable energy generation, reduce energy demand, and move to a cleaner energy 

future.

1

 DEEP has released a draft Comprehensive Energy Strategy2, a key focus of which is 

increased utilization of natural gas to replace more costly and higher polluting fossil fuels. 

Significant multi-pollutant reductions are associated with these initiatives, including reductions 

in nitrogen oxides emissions (NOx), an ozone precursor. Connecticut will continue to do its part. 

However, the remaining options for local emissions controls are extremely limited and those that 

are available are much more expensive than what EPA generally accepts as highly cost effective. 

Moreover, Connecticut regularly experiences measured NAAQS exceedances at its most upwind 

monitors (e.g., Greenwich, Danbury), making it impossible to achieve attainment without 

significant additional upwind emission reductions. It is imperative for EPA to adopt more 

stringent national/regional measures for both stationary and mobile sources. EPA must also 

ensure upwind state transport SIPs contain all cost effective control programs. 

For Connecticut to attain the 2008 ozone NAAQS, EPA needs to:

Reconsider the designations, classifications and geographic scope of current 

nonattainment areas. The use of more recent air quality data is critical to efficiently and 

equitably address the 2008 ozone NAAQS; 

Issue guidance for implementation of the “good neighbor” provisions of the Clean Air 

Act and assure those states that significantly contribute to Connecticut fulfill their legal 

obligation;

 

1

See, e.g., 2012 Integrated Resource Plan for Connecticut

2

2012 Comprehensive Energy Strategy for Connecticut: Draft for Public Comment
Page 3

Develop a transport strategy based on, among other things, proportionate modeling so 

that states are able to identify and address their obligations under the 75 ppb ozone 

NAAQS and any subsequent ozone NAAQS; 

Finalize a legally sufficient CAIR replacement rule that fully addresses transport for both 

the 1997 and 2008 ozone NAAQS;

Adopt national low sulfur gasoline standards and Tier 3 motor vehicle standards; and

Adopt a national industrial, commercial and institutional boiler rule, as this sector 

represents a significant portion of the NOx emissions left to regulate.
Page 4

Table 1

Overview of How Connecticut’s State Implementation Plan Satisfies the CAA Section 

110(a)(1) and (2) Program Infrastructure Elements for Ozone (O3)

3

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(A) 

Emission limits 

and other 

control 

measures

..."include enforceable emission 

limitations and other control measures, 

means, or techniques (including economic 

incentives such as fees, marketable 

permits, and auctions of emissions rights), 

as well as schedules and timetables for 

compliance..."

CGS Section 22a-6(a)(1) The commissioner is empowered to "[a]dopt, 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 general 

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

measures for a variety of sources and pollutants. 

CGS Section 22a-174 Establishes the Commissioner‟s general authority to adopt

regulations and issue permits to control air pollution.

CGS Section 22a-174e Gasoline vapor recovery systems. Regulations. 

CGS Section 22a-174g California motor vehicle emissions standards (for model 

year 2008 and later vehicles).

The sections of the air quality regulations that specify or are used to establish

emissions limits related to the control of the precursors of ozone (nitrogen oxides 

and volatile organic compounds) include RCSA sections:

22a-174-3a(i) - (l) Prevention of significant deterioration and nonattainment new 

source review

22a-174-20 Control of organic compound emissions

22a-174-22 NOx emissions 

22a-174-22c CAIR ozone season trading program

22a-174-24(i) Ambient air quality standards for ozone4

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

22a-174-30 Dispensing of gasoline/ Stage I and II vapor recovery

 

3

CAA refers to the Clean Air Act.

 CGS refers to the Connecticut General Statutes.

 RCSA refers to the Regulations of Connecticut State Agencies.

 CFR refers to the Code of Federal Regulations.

 DEEP refers to the Connecticut Department of Energy and Environmental Protection.

 Commissioner refers to the Commissioner of the DEEP.

4 DEEP is currently drafting revisions to Section 22a-174-24 of the Regulations of Connecticut State Agencies (RCSA) to ensure consistency with the 2008 

ozone NAAQS, as well as other NAAQS recently revised by EPA. DEEP commits to pursue adoption of these regulatory revisions, with a goal of completion by 

September 30, 2013. In the interim, pursuant to 40 CFR 52.14, DEEP will observe the 2008 ozone NAAQS.
Page 5

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

22a-174-32 VOC RACT

22a-174-36 Low emission vehicles program

22a-174-36b Low emission vehicles II program5

22a-174-38 Municipal waste combustors

22a-174-40 VOC Content Limits for Consumer Products.

22a-174-41 VOC Content Limits for Architectural Coatings.

22a-174-44 Adhesives and sealants.

Update to NOx and VOC Orders, submitted to EPA November 23, 2011, to 

address non-CTG major sources of NOx and VOC.

110(a)(2)(B) 

Ambient Air 

quality 

Monitoring/data 

system 

... “provide for establishment and 

operation of appropriate devices, methods, 

systems, and procedures necessary to (i) 

monitor, compile, and analyze data on 

ambient air quality, and (ii) upon request, 

make such data available to the 

Administrator.”

CGS Section 22a-174(d) Provides the commissioner with all incidental powers 

necessary to control air pollution. 

40 CFR 53; 40 CFR 58 Establishes ambient air monitoring reference and equivalent 

methods and ambient air quality surveillance requirements. States are required to 

submit a comprehensive air quality monitoring plan to EPA each year. DEEP‟s 2012

Annual Air Monitoring Network Plan was submitted on July 12, 2012. DEEP 

previously submitted the required Ambient Air Monitoring 5-Year Network 

Assessment on August 9, 2010.

110(a)(2)(C) 

Program for 

enforcement of 

control 

measures

... “include a program to provide for the 

enforcement of the measures described in 

subparagraph (A), and regulation of the 

modification and construction of any 

stationary source within the areas covered 

by the plan as necessary to assure that 

national ambient air quality standards are 

achieved, including a permit program as 

required in parts C and D;”

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 

this chapter” (which encompasses CGS Sections 22a-170 through 22a-206).

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.

CGS Section 22a-180 Penalty for violations of orders. Injunctions.

 

5

DEEP is currently pursuing adoption of California’s low emission vehicle, phase 3 standards (CALEVIII).
Page 6

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

RCSA section 22a-3a-6(c) Orders, rulings and decisions - procedures in contested 

cases.

RCSA section 22a-174-2a Specifies administrative requirements for the new source

review (NSR) program, including notification concerning major sources permits and

modifications.

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

section sets out DEEP‟s NSR permit program requirements. Connecticut‟s NSR 

program is SIP approved.

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.”

110(a)(2)(D) 

Interstate 

transport6

“... contain adequate provisions - (i) 

prohibiting, consistent with the provisions 

of this title, any source or other type of 

emissions activity within the State from 

emitting any air pollutant in amounts 

which will - (I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State with 

respect to any such national primary or 

secondary ambient air quality standard, or 

(II) interfere with measures required to be 

included in the applicable implementation 

plan for any other State under part C to 

prevent significant deterioration of air 

quality or to protect visibility, 

(ii) insuring compliance with the 

applicable; requirements of sections 126 

and 115 (relating to interstate and 

international pollution abatement);”

RCSA section 22a-174-3a Prevention of significant deterioration and nonattainment 

new source review requirements.

Connecticut‟s Regional Haze SIP was submitted to EPA on November 18, 2009. 

EPA has not acted on that submission.

RCSA section 22a-174-2a includes administrative requirements for the new source 

review (NSR) program, including notification concerning major sources permits and 

modifications7.

 

6

 See the introductory text included before Table 1 for a discussion related to CAA section 110(a)(2)(D)(i)(I) requirements.

7

DEEP recently finalized revisions to RCSA 22a-174-2a explicitly requiring notice to nearby states, consistent with CAA section 126 and 40 CFR 51.166(q).
Page 7

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(E) 

Adequate 

Resources 

... “provide (i) necessary assurances that 

the State (or, except where the 

Administrator deems inappropriate, the 

general purpose local government or 

governments, or a regional agency 

designated by the State or general purpose 

local governments for such purpose) will 

have adequate personnel, funding, and 

authority under State (and, as appropriate, 

local) law to carry out such 

implementation plan (and is not prohibited 

by any provision of Federal or State law 

from carrying out such implementation 

plan or portion thereof), (ii) requirements 

that the State comply with the 

requirements respecting State boards 

under section 128, and (iii) necessary 

assurances that, where the State has relied 

on a local or regional government, agency, 

or instrumentality for the implementation 

of any plan provision, the State has 

responsibility for ensuring adequate 

implementation of such plan provision;”

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

“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.”

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.” 

CGS section 1-85 CAA section 128(a)(2) requires SIPs to contain adequate 

provisions requiring the DEEP commissioner to disclose any potential conflicts of 

interest. Connecticut has in place conflict of interest provisions that are broader than 

EPA‟s minimum requirements and that apply to all state employees and public

officials. These requirements, which are set out in section 1-85 of the Connecticut

General Statutes (CGS), prevent DEEP‟s commissioner from acting on a matter when 

a substantial conflict of interest exists. CGS section 1-85 is attached for approval by 

EPA as a part of this SIP revision.

The State of Connecticut is the sole authority implementing the SIP and does not rely 

on local or regional governments to carry out this responsibility.
Page 8

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(F) 

Stationary 

source 

monitoring 

system

... “require, as may be prescribed by the 

Administrator - (i) the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources to monitor 

emissions from such sources, (ii) periodic 

reports on the nature and amounts of 

emissions and emissions-related data from 

such sources, and (iii) correlation of such 

reports by the State agency with any 

emission limitations or standards 

established pursuant to this Act, which 

reports shall be available at reasonable 

times for public inspection;”

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 thereunder. 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.

Subsection (e)(1) states: “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.” 

Subsection (e)(2) states: “In addition tothe 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.”
Page 9

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(G) 

Emergency 

Power

... “provide for authority comparable to 

that in section 303 and adequate 

contingency plans to implement such 

authority;”

CGS Section 22a-181 Emergency action to protect public health or safety.

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.

110(a)(2)(H) 

Future SIP 

revisions

... “provide for revision of such plan - (i) 

from time to time as may be necessary to 

take account of revisions of such national 

primary or secondary ambient air quality 

standard or the availability of improved or 

more expeditious methods of attaining 

such standard, and (ii) except as provided 

in paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the Administrator 

that the plan is substantially inadequate to 

attain the national ambient air quality 

standard which it implements or to 

otherwise comply with any additional 

requirements established under this Act;”

CGS section 22a-174(d) The Commissioner is authorized with all incidental powers 

necessary to control and prohibit air pollution.

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

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

revised when necessary.”

DEEP has made numerous SIP revisions addressing the NAAQS. Most recently, 

DEEP submitted revisions to its notification requirements for the PSD program on 

September 27, 2012 and to add PM2.5 to the NSR program on October 9, 2012. 

110(a)(2)(I)

Nonattainment

area plans

...” in the case of a plan or plan revision 

for an area designated as a nonattainment 

area, meet the applicable requirements of 

part D of this subchapter (relating to non 

attainment areas).”

EPA does not take action on nonattainment-related provisions8, such as those 

required by CAA section 110(a)(2)(I), as part of infrastructure SIP submittals because 

these submittals are required beyond the date (3 years from NAAQS promulgation) 

that section 110 infrastructure submittals are required.

 

8

For further explanation, see EPA‟s July 23, 2012 proposed Federal Register approval of Connecticut‟s PM2.5 Infrastructure SIP (at page 43026), finalized on 

October 16, 2012.
Page 10

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(J) 

Consultation 

with government 

officials

110(a)(2)(J) 

Public 

notification

... “meet the applicable requirements of 

section 121 (relating to consultation)”

... “meet the applicable requirements of 

section 127 (relating to public 

notification),”

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] . . .

CGS Chapter 54 Uniform Administrative Procedures Act.

State Implementation Plan Revision Advisory Committee (SIPRAC)

Established in 1972 and generally meets each month.

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 PollutionControl,” which 

encompasses Conn. Gen. Stat. Sections 22a-170 through22a-206] . . .

RCSA section 22a-174-2a(b) Procedural requirements for new source review and 

Title V permitting. Public notice.

RCSA section 22a-174-2a(c) Procedural requirements for new source review and 

Title V permitting. Public Comment and Hearings.

AQI Forecasting and Reporting. Pursuant to 40 CFR 58.50, DEEP provides daily 

air quality forecasts to the public via EPA‟s AirNow and Enviroflash programs, as 

well as via DEEP‟s website and air quality information telephone line.

110(a)(2)(J) PSD 

and Visibility 

Protection

... “meet the applicable requirements of 

part C (relating to prevention of 

significant deterioration of air quality and 

visibility protection);”

RCSA section 22a-174-2a includes administrative requirements for the new source

review (NSR) program, including notification concerning major sources permits and 

modifications9.

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

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

EPA has interpreted the CAA Section 110(a)(2)(J) provision on visibility as not being

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

NAAQS10.

 

9

DEEP recently finalized revisions to RCSA 22a-174-2a explicitly requiring notice to nearby states, consistent with CAA section 126 and 40 CFR 51.166(q).
Page 11

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(K) Air 

Quality 

modeling/data

... “provide for - (i) the performance of 

such air quality modeling as the 

Administrator may prescribe for the 

purpose of predicting the effect on 

ambient air quality of any emissions of 

any air pollutant for which the 

Administrator has established a national 

ambient air quality standard, and (ii) the 

submission, upon request, of data related 

to such air quality modeling to the 

Administrator;”

CGS section 22a-5. Duties and powers of the 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; ...” 

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.”

DEEP continues to be a partner in regional modeling efforts conducted by members 

of the Ozone Transport Commission.

110(a)(2)(L) 

Permitting fees

... “require the owner or operator of each 

major stationary source to pay to the 

permitting authority, as a condition of any 

permit required under this Act, a fee 

sufficient to cover - (i) the reasonable 

costs of reviewing and acting upon any 

application for such a permit, and (ii) if 

the owner or operator receives a permit for 

such source, the reasonable costs of 

implementing and enforcing the terms and 

conditions of any such permit (not 

including any court costs or other costs 

associated with any enforcement action), 

until such fee requirement is superseded 

with respect to such sources by the 

Administrator's approval of a fee program 

under title V;”

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. . . .”

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 22a174-2a 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.

RCSA section 22a-174-33(j)(1)(Z) Requires Title V source to pay all fees due under 

RCSA section 22a-174-26 (Approved as satisfying 40 CFR 70.6(a)(7). See 67 FR 

31966 (May 13, 2002)).

 

10 For example, see EPA‟s July 23, 2012 proposed Federal Register approval of CT‟s PM2.5 Infrastructure SIP, finalized on October 16, 2012.
Page 12

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(M) 

Consultation 

/participation by 

affected local 

entities

... “provide for consultation and 

participation by local political 

subdivisions affected by the plan.”

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.”

State Implementation Plan Revision Advisory Committee (SIPRAC)

Established in 1972 and generally meets each month.
79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Enclosure B

Connecticut Statute Addressing Conflict of Interest

Inclusion in Revision of State Implementation Plan for Air Quality:

Infrastructure Requirements for the 2008 Ozone and 2010 NO2 NAAQS

Sec. 1-85. (Formerly Sec. 1-68). Interest in conflict with discharge of duties. A public official, including 

an elected state official, or state employee has an interest which is in substantial conflict with the proper 

discharge of his duties or employment in the public interest and of his responsibilities as prescribed in 

the laws of this state, if he has reason to believe or expect that he, his spouse, a dependent child, or a 

business with which he is associated will derive a direct monetary gain or suffer a direct monetary loss, 

as the case may be, by reason of his official activity. A public official, including an elected state official, 

or state employee does not have an interest which is in substantial conflict with the proper discharge of 

his duties in the public interest and of his responsibilities as prescribed by the laws of this state, if any 

benefit or detriment accrues to him, his spouse, a dependent child, or a business with which he, his 

spouse or such dependent child is associated as a member of a profession, occupation or group to no 

greater extent than any other member of such profession, occupation or group. A public official, 

including an elected state official or state employee who has a substantial conflict may not take official 

action on the matter.

 (1971, P.A. 822, S. 3; P.A. 77-600, S. 7, 15; P.A. 84-546, S. 142, 173; P.A. 89-97, S. 5, 7.)

 History: P.A. 77-600 changed "person subject to this chapter" to "public official or state employee"; 

in 1979 Sec. 1-68 transferred to Sec. 1-85; P.A. 84-546 made technical change; P.A. 89-97 amended 

section to specify applicability to elected state officials, state employees, their spouses and dependent 

children and businesses with which they are associated and to prohibit an official or employee who has 

substantial conflict from taking official action on the matter.
79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Enclosure C

Public Participation Documentation

Attachment 1: Notice of public hearing and comment period

Attachment 2: Attendees at the public hearing

Attachment 3: Certification of public hearing

Attachment 4: Hearing report
79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Attachment 1

Notice of Intent to Revise the State Implementation Plan for Air Quality

The Commissioner of the Department of Energy and Environmental Protection (DEEP) hereby 

gives notice of intent to amend the State Implementation Plan (SIP) to address section 110(a)(1) 

and (2) of the Clean Air Act (CAA) with respect to the 2008 8-hour ozone and 2010 1-hour 

nitrogen dioxide (NO2) national ambient air quality standards (NAAQS). DEEP is also 

proposing to incorporate section 1-85 of the Connecticut General Statutes into the SIP to satisfy 

the conflict of interest provisions of CAA section 110(a)(2)(E). The SIP revisions will be 

submitted to the U.S. Environmental Protection Agency (EPA) for review and approval. The 

CAA section 110(a)(1) and (2) requirements, which are referred to as infrastructure 

requirements, provide that a state must demonstrate its ability to implement, maintain and 

enforce a revised NAAQS. 

All interested persons are invited to comment on the proposal. Comments should be submitted 

no later than 4:30 PM on December 21, 2012 to Alison Rau, DEEP, Bureau of Air Management,

79 Elm Street, Hartford, Connecticut 06106-5127. Comments may be submitted by mail, 

facsimile to (860) 424-4063 or by electronic mail to alison.rau@ct.gov. 

In addition to accepting written comments, DEEP will also hold the public hearing described 

below. Any person giving oral comment at the hearing will be asked to submit a written copy of 

such comments.

PUBLIC HEARING

December 20, 2012

2:00 p.m.

DEEP, 5th Floor, Holcombe Room

79 Elm Street, Hartford, CT 06106

Copies of the SIP revisions are available for public inspection during normal business hours from 

Alison Rau at the Bureau of Air Management, 5th Floor, 79 Elm Street, Hartford, CT. The same 

documents are posted on DEEP’s website at:

http://www.ct.gov/dep/cwp/view.asp?a=2684&Q=514032

For further information, contact Alison Rau of the Bureau of Air Management at (860) 424-3311

or by electronic mail to alison.rau@ct.gov. 

DEEP is an affirmative action/equal opportunity employer and service provider. In conformance 

with the Americans with Disabilities Act, DEEP makes every effort to provide equally effective 

services for persons with disabilities. Individuals with disabilities who need this information in 

an alternative format, to allow them to benefit and/or participate in the agency’s programs and 

services, should call 860-424-3194 or e-mail the ADA Coordinator, at deep.hrmed@ct.gov.
Persons who are hearing impaired should call the State of Connecticut relay number 711. 

Requests for accommodations must be made at least two weeks prior to the program date.

The authority to adopt these SIP revisions is granted by sections 22a-5 and 22a-174 of the 

Connecticut General Statutes. This notice is required pursuant to 40 Code of Federal 

Regulations 51.102.

 11/16/2012 /s/ Macky McCleary 

Date Macky McCleary

Deputy Commissioner
Attachment 2

ATTENDANCE*

HEARING REGARDING 

SIP Revision addressing section 110(a)(1) and (2) of the Clean Air Act with respect to the 2008 8-

hour ozone and 2010 1-hour nitrogen dioxide national ambient air quality standards.

December 20, 2012

PLEASE PROVIDE A BUSINESS CARD, IF AVAILABLE.

Full Name Organization You Represent Presenting 

Oral 

Comments? 

(Y/N)

Submitting 

Written 

Comments?

(Y/N)

* There were no attendees at the public hearing.
Connecticut Department of

ENERGY &

ENVI RONMENTAL

PROTECTION

79 Elm Street • Hartford, (T 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employ

3

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 51.102 that

the following actions were taken by the Connecticut Department of Energy and Environmental

Protection (DEEP) regarding revisions to the Connecticut State Implementation Plan for air quality,

specifically to address section 110(a)(1) and (2) requirements of the federal Clean Air Act (CAA) with

respect to the 2008 8-hour ozone and 2010 I-hour nitrogen dioxide (N02) national ambient air quality

standards (NAAQS).

1) The public hearing was held on December 20, 2012 as announced in the notice of hearing;

2) In accordance with the notice, materials were available for review on the Department's website

and at the Department's headquarters in Hartford, CT;

3) Copies of the notice were mailed to the directors of the air pollution control agencies in New

York, New Jersey, Rhode Island and Massachusetts along with a copy to Region I of the U.S.

Environmental Protection Agency; and

4) The notice of hearing was published on the DEEP's website at

http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=514188 on November 16, 2012.

December 28, 2012

Date /s/Alison A. Rau

Bureau of Air Management
79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Attachment 4 

HEARING REPORT

Prepared Pursuant to

Code of Federal Regulations Part 40, Section 52

Regarding Revisions to the

State Implementation Plan for Air Quality

Hearing Officer: Alison A. Rau

On November 19, 2012, the Commissioner of the Connecticut Department of Energy and 

Environmental Protection (DEEP) signed a notice of intent to amend the State Implementation 

Plan (SIP) for air quality to address the infrastructure requirements of Section 110(a)(1) and (2) 

of the federal Clean Air Act (CAA) with respect to the 2008 8-hour ozone and 2010 nitrogen 

dioxide (NO2) national ambient air quality standards (NAAQS). Pursuant to such notice, DEEP 

provided an opportunity for a public hearing and written comment. The public hearing was held 

at DEEP headquarters in Hartford, Connecticut on December 20, 2012. Written comments were 

accepted through the end of the public comment period on December 21, 2012.

I. Overview

This report describes the revisions to the SIP as proposed for hearing, the comments received 

through the comment period and DEEP’s responses. 

II. Summary of the Revisions as Proposed

The CAA requires states to submit SIP revisions to address the requirements of CAA section 

110(a)(1) and (2) within three years of promulgation of a revised NAAQS. The 8-hour ozone 

NAAQS were revised on March 27, 2008 and the NO2 NAAQS were revised on February 9, 

2010, resulting in the preparation and proposal of the subject SIP revision. The CAA section 

110(a)(1) and (2) requirements, which are referred to as infrastructure requirements, provide that 

a state must demonstrate its ability to implement, maintain and enforce revised NAAQS.

The proposed SIP revisions include tables of existing Connecticut and federal regulations that 

satisfy the CAA 110(a)(2) infrastructure requirements for both the ozone and NO2 NAAQS. 

DEEP concludes that the provisions of current regulations and the proposed adoptions currently 

in progress (described below) meet all of EPA’s required elements:

1. DEEP is implementing the suggested significant impact levels and other Prevention 

of Significant Deterioration (PSD) requirements in EPA’s June 29, 2010 “Guidance 

Concerning the Implementation of the 1-hour NO2 NAAQS for the Prevention of 

Significant Deterioration Program.” If in the future EPA establishes a short-term 

PSD increment, significant impact level, significant emission rate, and/or significant 

monitoring level for the 2010 1-hour NO2 NAAQS, DEEP commits to pursue such 
adoptions within a reasonable period following EPA’s final adoption of such required 

parameters. 

2. DEEP is pursuing revisions to RCSA 22a-174-24 to ensure consistency with the 2008 

ozone NAAQS, 2010 1-hour NO2 NAAQS and other recent EPA NAAQS revisions.

DEEP seeks to complete such regulatory revisions by September 30, 2013. 

3. DEEP is incorporating the existing statute, CGS section 1-85, to fulfill the 

requirements of 110(a)(2)(E).

III. Summary of Comments

The only comments received were from Anne Arnold, Manager, Air Quality Planning Group, 

EPA Region 1, Boston, Massachusetts, on December 20, 2012. The comments address four

subject areas:

1. Updating 2008 ozone and 2010 NO2 standards;

2. Addressing prongs 1 and 2 of portion D(i) at a later time;

3. Incorporating Connecticut statutes into the SIP; and

4. Referencing compliance assurance monitoring requirements.

A phone call was also received on December 3, 2012 from U.S. Army Regulatory Affairs 

Specialist Charlene Beairsto, who inquired about the meaning of and reference to section 1-85 in 

the SIP. 

All comments submitted are summarized below with DEEP's responses. 

1. EPA Comment: In order to receive full approval of its infrastructure State Implementation 

Plan (SIP) for the 2008 ozone and 2010 NO2 standards, Connecticut must update its Section 22a174-24 regulation to include the 2008 ozone and 2010 NO2 standards. We note that under 

Element A, the proposal states that Connecticut plans to complete this rulemaking by September 

2013. 

DEEP Response: DEEP plans to complete this rulemaking for the 2008 ozone and 2010 NO2

standards by the end of September 2013. 

2. EPA Comment: In light of ongoing litigation, we suggest Connecticut address the 

“significantly contribute to nonattainment or maintenance in another state” portion of element 

D(i), also sometimes referred to as prongs 1 and 2, at a later time. For the reasons explained in 

the November 19, 2012, EPA memorandum entitled “Next Steps for Pending Redesignation 

Requests and State Implementation Actions Affected by the Recent Court Decision Vacating the 

2011 Cross-State Air Pollution Rule,” at this time, EPA does not plan to make findings with 

respect to CAA section 110(a)(2)(D)(I), prongs 1 and 2. 

DEEP Response: As documented by EPA’s CSAPR modeling, Connecticut’s ability to attain 

the 2008 8-hour ozone NAAQS is substantially compromised due to the overwhelming influence 

of transported air pollution from upwind states. Monitoring data confirm the dominating role of 

transport, with measured values often exceeding the NAAQS at monitors located along the 
state’s most upwind boundaries, before any interaction with in-state emissions. Connecticut has 

done its fair share to reasonably control in-state emissions, and cannot continue to shoulder a 

disproportionate burden while upwind states fail to fulfill their CAA obligations. EPA’s CSAPR 

modeling supports that conclusion. CSAPR modeling projections for 2014 (a year before 

marginal areas are required to attain) indicate that Connecticut will no longer contribute 

significantly to out-of-state nonattainment issues in any area currently designated by EPA as 

nonattainment for the 2008 ozone NAAQS, with the exception of the NY/NJ/CT area. Rather 

than continuing to disadvantage Connecticut’s competitiveness and further the past inequity, 

DEEP will wait for EPA to address the CAA section 110(a)(2)(D) obligation of upwind states to 

assure the airshed wide control strategy focuses on the most cost effective and largest 

contributors.

EPA has a responsibility under the CAA to ensure that states meet the requirements of section 

110(a)(2)(D)(i)(I) in a timely fashion. EPA’s November 19, 2012 memorandum is not consistent 

with that responsibility and will result in additional delays in securing upwind reductions. EPA 

should instead issue findings of failure to submit for any state that has not addressed the transport 

provisions, thereby starting the two-year sanctions clock for imposition of a Federal 

Implementation Plan (FIP) that would mandate the necessary reductions and ensure continued 

progress toward attainment.

The technical support document should be revised to reflect the above discussion.

3. EPA Comment: The discussion for several elements includes reference to a number of state 

laws. Under element E, we note that Connecticut specifically requests that one of these laws

(CGS section 1-85) be incorporated into the SIP. Connecticut should ensure that when law(s) are 

the only program element(s) on which the state must rely to meet a specified CAA element, the 

law(s) are incorporated into the SIP. 

DEEP Response: DEEP has included CGS section 1-85 in this SIP revision to satisfy the 

conflict of interest requirements of CAA section 128(a)(2), as identified by CAA section 

110(a)(2)(E)(ii). DEEP understands that all the other Connecticut statutes used to satisfy 

program elements have been submitted to the SIP. If EPA believes that additional statutes are 

required, we invite EPA to get in touch with us so that we might address any gap.

4. EPA Comment: Although Connecticut references 22a-174-5 for meeting 110(a)(2)(F), the 

state should consider also referencing the compliance assurance monitoring requirements 

contained in section 22a-174-33 in meeting 110(a)(2)(F)(i). 

DEEP Response: Section 22a-174-33 implements the Title V operating permit program in 

Connecticut. DEEP understands Title V as standing outside the requirements of CAA sections 

110(a)(1) and (2), and as a result, DEEP has not proposed to include this rule in the Connecticut 

SIP. 
~Comment from U.S. Army Regulatory Affairs Specialist Charlene Beairsto: Called and

requested a citation and more information concerning section 1-85 in the SIP.

DEEP Response: DEEP provided Ms. Beairsto with full COS section 1-85 citation and

explained the conflict ofinterest provision via email.

IV. Conclusion

I recommend that the SIP revision as proposed, together with the above revisions made in

response to comments, be submitted to the EPA for approval.

Alison Rau

Hearing Officer

Date