Connecticut Department of

f' .? ENERGY &**~~1'iII ffi5t)p~**  ENVI RONMENT AL
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 of Clean Air Act Section 110(a)(1) and (2) 

### for the
2008 Ozone National Ambient Air 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 of the 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 of the
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 of the 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 of CGS section 1-85 is applicable for all other pollutants requiring an infrastructure
SIP. Therefore, please incorporate the submittal of CGS 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 of Connecticut.

We are submitting electronic versions of this SIP revision to the copy recipients listed below. I certify that those electronic copies are an exact duplicate of this 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 standard s at a level of 75 parts per billion,
based on the 3

- year average of the fourth

- highe st value of the yearly distribution of 8

- hour daily
maximum concentrations. EPA finalized initial designations o n April 30, 2012, assigning two marginal nonattainment areas in Con necticut: 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

- N orthern New Jersey

- Long Island NY

NJ

- 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 pr ovide 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 enf orcement 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 F ederal class I areas (national parks and wilderness areas).

The ozone inf

rastructure 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
En ergy 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 200 8 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 u pdate 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, in cluding 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 addit ional
discuss ion . 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 ma rginal 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/C T 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 t he most cost effective and largest contributors.

Connecticut continue s 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 Strategy 2



### , 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 wi ll 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 e xperiences 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/r egional 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, classific ations 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 Ai r 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 CommentPage 3



### Develop a transport strategy based on, among other things, proportionate modeling so that states are able to identify and address their obligations u nder the 75 ppb ozone NAAQS and any subsequent ozone NAAQ S ; Finalize a legally sufficient CAIR replacement rule that fully addresses transport for both the 1997 and 2008 ozone NAAQS; Adopt national low su lfur gasoline standards and Tier 3 motor vehicle st andards; 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 

# T able 1 Overview of How Connecticut’s State Implementation Plan Satisfies the CAA S ection 110(a)(1) and (2) Program Infrastructure Elements for Ozone ( O 3 

# ) 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 o ther 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 sta ndards 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 sys tems. 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 n onattainment new source review
22a

- 174

- 20 Control of organic compound emissions
22a

- 174

- 22 NO

x emissions
22a

- 174

- 22c CAIR ozone season trading program
22a

- 174

- 24( i ) A mbient air quality standards for ozone 4

22a

- 174

- 27 Periodic motor vehicle i nspection 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 St atutes

. RCSA refers to the Regulations of Connecticut State Agencies

. CFR refers to the Code of Federal Regulations

. DEEP refers to the Connecticut Department of Ene rgy 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 2 008

ozone NAAQS, a s 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 V OC RACT
22a

- 174

- 36 Low emission vehicles program 22a

- 174

- 36b Low emission vehicles II program 5

22a

- 174

- 3 8 Municipal waste combustors
22a

- 174

- 40 VOC Content Limits for Consumer Products.
22a

- 174

- 41 VOC Content Limits for Architectural Coatings.
22a

- 174

- 4 4 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) P rovides the commissioner with all incidental powers necessary to control air pollution.

40 CFR 53; 4 0 CFR 58 Establishes ambient air monitoring re ference 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 Netw ork Plan was submitted on July 12, 2012 . DEEP previously submitted the required Ambient Air Monitoring 5

- Year Ne twork
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

st ationary 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, regula tion, 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) Civi l 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 Se ctions 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

- 1 80 P enalty for violations of orders. In junctions.

5 DEEP is c urrently 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 se ction 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,

act ing with or without complaints, conduct investigations and ascertain whether the
Commissioner's regulations are being complied with.”

110(a)(2)(D)
Interstate transport 6 “... contain adequate provisions

- (i)

prohibiting, consistent with the provisions of this title, any s ource 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 requirement s.

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 administ rative requirements for the new source review (NSR) program, including notification concerning major sources permits and
modifications 7

.

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
Adminis trator 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 a ppropriate, 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 respe cting 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 adeq uate 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) initi ate 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 industrie s 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) l ocal 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 SIP s 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 requireme nts 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 ex ists. CGS section 1

- 85 is attached for approval by EPA as a part of this SIP revision

.

T he State of Connecti cut is the sole authority implementing the SIP and does not rely on local or regional gov ernments 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 impl ementation 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 su ch 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 c ons titutional 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 p rescribed 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.
S ubsection (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 pre scribed 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 to the emission tests required in subdivision
22a

- 174

- 5(e) (1), the commissioner may require the owner or operator of any stationary source to conduct emission tests of emissions.”
RCSA section 22a

- 174

- 10 Public availability of information. Paragraph (a) states:

“ Any records, reports or other information obta ined 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 co mparable 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
describ es 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 n ecessary 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
A dministrator 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 establis hed 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 (rel ating to non attainment areas).” EPA does not take action on nonattainment

- related p rovisions 8 , 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 PM 2.5 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 cons ultation) ”

... “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, age ncies 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, e ntitled “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)
E stablished in 1972 and genera lly 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 2 2a

- 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] . . . RCSA section 22a

- 174

- 2a(b) Procedural re quirements 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 tele phone line.

110(a)(2)(J) PSD and Visibility
Protection ... “meet the applicable requirement s 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 sourc es permits an d
modifications 9

. RCSA section 22a

- 174

- 3a(k) Permit Requirements for Attainment Areas: Prevention of Significant Deterioration of Air Quality (PSD) Program.

EPA has interpret ed th e CAA Section 110(a)(2)(J) provision on visibility as not being „triggered‟ because the visibility requirements in P art C are not changed by a new NAAQS 10

.

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 pre dicting 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
prevent ion 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) Ambi ent 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 reg ional 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 th is 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 a nd 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;” C GS 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
monito ring 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 federa l 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 22a

17 4

- 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 consulta tion 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 t ake immediate action in coordinating and delegating new responsibilities to local agencies that are prepared to accept the responsibility.”

S tate Implementation Plan Revision Advisory Committee (SIPRAC)
E stablished 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 NO 2 NAAQS

Sec. 1

- 85 . (Formerly Sec. 1

- 68). Interest in conflic t 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 rea son 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 e xtent 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

- 6 00, 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. 8 9

- 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 o fficial 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 report79 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 (NO 2 

### ) national ambient air quality standard s (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 revision s will be submitted to the U.S. Environmental Protection Agency (EPA) for review and appro val. 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 al ison.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 2 0 , 2012 2:00 p.m.
DEEP , 5th Floor, Holcombe Room 79 Elm Street, Hartford, CT 06106

Copies of the SIP revision s are available for public inspection during normal business hours from
Alison Rau a t 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 (8 60) 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, DE E P makes every eff ort 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

- 4 24

- 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 prio r 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 

### )



## * T here were no attendees at the p ublic 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 (N0 2 ) 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 Management79 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 Reg ulations Part 40, Section 52

Regarding Revision s to the State Implementation Plan for Air Qualit y Hearing Officer: Alison A. Rau

On November 19, 2012, the Commissioner of the Connect icut 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 (NO 2 

### ) 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 head quarters 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 re ceived through the comment period and DEEP ’s response s

.

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 promulgati on of a revise d NAAQS. The 8

- hour ozone NAAQS were revised on March 27, 2008 and the NO 2 

### NAAQS were revised on February 9,
2010 , resulting in the preparation and propo sal of the subject SIP revision. The CAA section 110(a)(1) and (2) requirements, which are referred t o as infrastructure requirements, provide that a state must demonstrate its ability to i mplement, maintain and enforce revised NAAQS.

The proposed SIP revision s include table s of existing Connecticut and federal regulations that satisfy the CAA 110(a)(2) infrastructure requirements for both the ozone and NO 2 

### 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 sugge sted 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 NO 2 

### 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 NO 2 

### NAAQS, DEEP commits to pursue such

### adoptions within a reasonable period following EPA’s fina l adoption of such required parameters. 2. DEEP is pursuing revisions to RCSA 22a

- 174

- 24 to ensure consistency with the 2008

o zone NAAQS

, 2010 1

- hour NO 2 

### NAAQS and other recent EPA NAAQS revisions.
DEEP seeks to complete such regulatory revisions by Septemb er 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 NO 2 

### 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 compli ance 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 NO 2 

### standards, Connecticut must update its Section 22a

174

- 24 regulation to include the 2008 ozone and 2010 NO 2 

### 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 NO 2 

### 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 main tenance in another state” portion of element D(i), also sometimes referred to a s 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

- Sta te 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 su bstantially 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 obliga tions. 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 th at 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 s upport 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 eleme nts 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), t he 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 of interest 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