Connecticut Department of

~ENERGY &

ENVIRONMENTAL

PROTECTION

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

David B. Conroy, Chief

Air Prograrns Branch

EPA Region 1

5 Post Office Square, Suite 100

Boston MA 02109-3912

October 9, 2012

State Implementation Plan Revision Concerning the New Source Review Permit

Program: Addition of Fine Particulate Matter; Minor Revision to Preconstruction

Review Requirements

Dear Mr. Conroy:

In accordance with 40 CFR 51, Appendix V, Section 2.1(a) and an agreement between the

Cormecticut Department of Energy and Envirorm~ental Protection (DEEP) and your office dated

April 21,201.2, I am submitting a revision to the State Implementation Plan to revise the new

source review (NSR) permit program. The revisions serve the primary purpose of adding

requirements for tine particulate matter (PM2.5) but also make an unrelated change to the

preconstruction review requirements for nonattainment areas, creating consistency in state and

federal requirements. An electronic copy of this submission has also been mailed to the copy

recipient listed below, and I certify that such copy is an exact copy of this paper submission.

The regulatory revisions to sections 22a-174-1 and 22a-! 74-3a of the Regulations of Cormecticut

State Agencies (RCSA) became effective on September 10, 2012. The revisions serve the

primary purpose of adding PM2.5 to the NSR permit program. Consistent with your agency’s

direction in two implementation rules, the revisions add several NSR program elements for

sources of PM2.5, including significant impact levels, significant emissions rates and increments.

PM2.5 is also added to the requirements for internal offset or certified emission reduction credits

in nonattaimTaent areas.

In addition, an m~related pin, ion of the NSR permit program is revised to achieve consistency

with federal requirements in 40 CFR 51.165(a)(2). The revision links the applicability for

preconstruction review requirements in nonattairmaent areas to the pollutant for which the area is

designated as nonattairmaent. The difference between the state and federal requirements has

caused considerable delay in processing several NSR permits, so the harmonization of the

requirements is likely to streamline certain future applications. Note that the submitted

amendment includes other actions for other sections of Cormecticut’s air quality regulations.

Those other sections are not submitted for approval at this time and are in strikeout font in

Attachment A.
David B. Conroy

October 9, 2012

Page 2

All required state and federal procedures for public participation and in satisfaction of the

requirements of 40 CFR 51, Appendix V, Section 2 were followed. To demonstrate satisfaction

of the federal public participation requirements, we have enclosed: a certified copy of the

regulatory revisions; the public notice; a list of altendees at the public hearing; certification of

public hearing; mad a hearing report, which summarizes comments received, identifies the

commenters and describes changes made as a result of the comments. DEEP has the necessary

legal authority to adopt and implement the NSR program revisions.

I would like to thmzk you your assistance in processing this SIP revision. Please get in touch

with me at (860) 424-3026 if the Department may provide any assistance.

Sincerely yours.

Anne Gobin, Chief

Bmeau of Air Management

cc: Donald Dahl, EPA Region 1
MATERIALS SUBMITTED 1N SUPPORT OF THIS SIP REVISION

Attachment A The final version of the revisions to definition (62) of RCSA section

22a-174-1; and revisions to Table 3a(i)-1, Table 3a(k)-1, Table 3a(k)-

2, and subsection (1)(1) and (4) of RCSA section 22a-174-3a (Sections

1-6 of the amendment). The amended text includes a certification

signed by the Commissioner of the Department, the Attorney General

for the State of Connecticut, the Legislative Regulations Review

committee and the Secretary of the State. New regulatory text is

underlined while deleted text is in brackets.

Attachment B

Attachment C

Attachment D

Attavhment E

Attachment F

Public notice as published in the Connecticut Law Journal and the

DEEP website on 27 September 2011.

Attendees at the public hearing on 9 November 2011, DEEP

tteadquarters, 79 Ehn Street, Hartford, CT

Certification of public hearing

Hearing report

Copy of two reports of the Legislative Commissioners’ Office (LCO).

The proposal was rejected on the first submission and resubmitted with

revisions recommended in the initial LCO report.
Attachment A
Page 1 of/6

IMPORTANT: Read instructions on

bottom of last page (Certification Page)

before completin8 this form, Fallure to

State of Connecticut

of

NAME OF AGENCY Energy and Environmental Protection

Concerning _.

Amendment of sections 22a-~74-~, 22a-$74-3a, Z2a-~74-36b,

22a-174-26 and repeal of sections 22a-!74-~7, 22a-$74-43 and 22a-174-$00 of the

Regulations of Connecticut State Agencies (RCSA)

SUBJECT MATTER OF REGUi~,TION

Section 1. Definition (62) of section 22a-174-1 of the Regulations of Connecticut State

Agencies is amended as follows:

(62) "Major source baseline date" means January 6, 1975 for particulate matter and sulfur

dioxide; [and] February 8, 1988 for nitrogen dioxide2N#d October 20 ~010 for P_M_M~.

Sec. 2. Table 3a(i)-1 of section 22a-174-3a(i) of the Regulations of Connecticut State

Agencies is amended as follows:

Table 3a(i)-I Ambient Impact

AIR POLLUTANT

PM2.5

Anm~al averag~

.... 24-hour avera~

PM10

Al3Jaual average

24-hour average

Sulfur Dioxide

Armual average

24-hour average

3-horn" average

-~arbon Monoxide

8-hour average

1-hour average

Nitrogen Dioxide

A~3aual average

Dioxin

Annual average (as calculated according

to Section 22a- 174-1(29) of the

Regulations of Connecticut State

Agencies)

(Polychlorodibenzodioxins (PCDDs))

(Polyc___~lorodibenzo furans (PCDFs))

Lead (Pb)

Three (3) month average

AMBIENT IMPACT

(__MICROS-RAMS PER CUBIC

0.3

1.2

1

5

i

5

25

5O0

2000

~otwithstanding~ above units)

 ̄

/ ~ 0.1 p~cograms m
R-39 Rev. 02/2010

Page 2 of 15

See. 3. Table 3a(k)-I of section 22a-174-3a(k) of the Regulations of Connecticut State

Agencies is amended as follows:

Table 3a(k)-I Significant Emission Rate Thresholds

AIR POLLUTANT

Carbon Monoxide

~r~ogen Oxides (as an ozone precursor)

~xides ~ a PM~A_5 .A~_~recursor)

-~i~mgen Oxides (NOx National Ambient Air

( uality Standard)

~S~_I~ Dioxide]

Sulfur ~o~as a PMzLpr~ecursor)

Sulfur Dioxide ~ National Aa~ibient Air

~ualiW Standard)

-Particulate Matter

PM~0

Volatile Organic Compounds

Hydrogen Sulfide (H2S)

~otal Reduced Sulfur (including H2S)

Reduced Sulfur Compounds (including H2S)

Sulfuric Acid Mist

Fluorides

Lead

Mercury

~v~unicipal Waste Combustor Organics

(measured as total tetra-through octachlorinated

dibenzo-p-dioxins and dibenzofuraaas)

Municipal Waste Combustor Metals

iMeasured as p_articulate matter)

Municipal Waste Combustor Acid Gases

(Measured as sulfur dioxide and hydrogen

chloride)

100

25

40

4O

[4o]

4__0

10

15

25

!0

!0

10

7

3

0.6

0.1

3.5 x 10-8

15

4O

EMISSION LEVELS

(TONS PER YEAR)
R-39 Rev, 02/2010

Page 3 of 15

See. 4. Table 3a(k)-2 of section 22a-174-3a(k) of the Regulations of Connecticut State

Agencies is amended as follows:

Table 3a(k)-2 Maximum Allowable Increase above Baseline Concentration

AIR POLLUTANT

Annual Arithmetic Mean

24-Hour Averag~

Particulate Matter, as PM10

Annual Arithmetic Mean

24-Hour Average_

Sulfur Dioxide

Annual Arithmetic Mean

24-Hour Average

3-Hour Average

Nitrogen Dioxide

Annual Arithmetic Mean

4

17

3O

20

91

512

25

Sec 5. Section 22a-174-3a(/’)(1) of the Regulations of Connecticut State Agencies is

amended as follows:

(1) Applicability. In accordance with subsection (a) of this section, the provisions of this

subsection shall apply to the owner or operator ofi [any new major stationary source or major

modification which:]

(a) [Is or will be a] ~ new major stationary source that: [or major modification for

any nonattai~rnent air pollutant if such source is located in a non-attainment area

for such air pollutant; or]

Is or will be constructed in a desigg_ated nonattainment area; and_

Is or will be majgx for the pollutant for which the area is designated as

nonattainment;

(s) [Is located in an attainment area or unclassifiable area, but the allowable

emissions of any air pollutant would cause or exacerbate a violation of a National

Ambient Air Quality Standard in an adjacent non-attaim:aent area. Allowable

emissions of any such air pollutant will be deemed not to cause or contribute to a

violation of a National Ambient Air Quality Standard provided that such

emissions result in impacts that are less than Ievels set forth in Table 3a(i)-I in

subsection (i) of this section.] ~or modification that:

Occurs at a source that is maior for the pollutant for which the area is

~ated as nonattairmaent; and

Is or will be maior for the pollutant for which the area is designated

nonattaimtaent; or
R-39 Rev. 02/2010

Page 4 of 15

_Anal!new maj.or stationary source or rnajor modification that is located in an

attaimnent area or unclassifiable area where the allowable emissions of any air

pollutant would cause or exacerbate a violation of a National Ambient Air Oualit~

Standard in an adiacent nonattainment area. Allowable emissions of any_ such air

pollutant shall be deemed not to cause or contribute to a violation of a National

Ambient Air Quality Standard provided that such emissions result in ira_pacts that

are less than the levels set forth in Table 3a(i)-I in subsection £i.i) of this section.

Sec6. Section 22a-174-3a(/)(4) of the Regulations of Connecticut State Agencies is

amended as follows:

(4) Offsetting emission reductions or Emission Reduction Credits.

(A) Except as provided in subdivision (8)(B) of this subsection, prior to commencing

operation pursuant to a permit issued under this section, the ovmer or operator of

the subject source or modification shal!:

(i) reduce actual emissions fi-om other stationary sources on such premises,

sufficient to offset the allowable emissions increase for each individual

non-attainment air pollutant which is the subject of the application, or

(ii) obtain certified emission reduction credits in accordance with subdivision

(5) of this subsection, which credits are sufficient to offset the allowable

emissions increase for each individual nonattainment air pollutant; and

(B) The commissioner shall not grant a permit to an owner or operator of the subject

source or modification unless the owner or operator demonstrates that internal

offset or certified emission reduction credits pursuant to subparagraph (A) of this

subdivision:

(i) have occurred preceding the submission of such application and prior to

the date that the subject source or modification becomes operational and

begins to emit any air pollutant. The commissioner may consider a time

period beginning no earlier than November ! 5, 1990,

are not otherwise required by any of the following: the Act; a federally

enforceable pem~it or order; the State Implementation Plan; or the

regulations or statutes in effect when such application is filed,

(iii) will be incorporated into a permit or order of the commissioner and would

be federally enforceable,

(iv) wil! create a net air quality benefit in conjunction with the proposed

emissions increase. In determining whether such a net air quality benefit

would be created, the commissioner may consider emissions on an hourly,

daily, seasonal or annual basis. For carbon monoxide or particulate matter

(total suspended particulate PMzs and PM10), the net air qnality benefits

shall be dete~nined by the use of atmospheric modeling procedures
R-39 Rev. 02/2010

Page 5 of 15

(v)

(vi)

(vii)

(viii)

(ix)

approved by the commissioner and the Administrator in writing. Upon the

request of the commissioner, the owner or operator shall make and submit

to the commissioner, a net air quality benefit determination for each air

pollutant. Such determination shall include, but not be limited to, all

increases and decreases of emissions from stationary sources at any

premises providing the offsetting emission reductions,

shall be based on the pounds per hour of potential emissions increase from

the subject source or modification. The commissioner may consider other

more representative periods, including, but not limited to, tons per year or

pounds per day,

are identified in an emissions inventory maintained by the commissioner

or otherwise approved in writing by the commissioner,

are of the sanae non-attainment air pollutant of which the owner or

operator proposes to increase. Reductions of any exempt volatile organic

compound [listed in Table 1-3 of section 22a- 174-1 of the Regulations of

Connecticut State Agencies or those] listed in 40 CFR 51.100 shall not be

used to offset proposed increases emissions of non-exempt volatile

organic compounds,

occurred at either: one or more stationary sources in the same

nonattainment area or stationary sources in another non-attainment area if,

pursuant to the Act, such area has an equal or higher nonattainment

classification than the area in which the proposed activity would take

place, and if emissions from such otber nonattainment area contribute to a

violation of a National Ambient Air Quality Standard in the nonattainment area in which the proposed activity would take place,

for the applicable non-attainment air pollutant, shall be from reductions in

actual emissions, and

(x) offset actual emissions at a ratio greater than one to one, as determined by

the commissioner. In addition, the owner or operator shall offset emission

increases of allowable emissions at a ratio, for volatile organic compounds

or nitrogen oxides, of at least: 1.3 to t in any severe non-attainment area

for ozone, and 1.2 to 1 in any serious non-attainment area for ozone.
R~39 Rew02/2010

Page 6 of 15

(2) Prior t - - " " _ , " " ~ " 8 model yearv

. , 1 \, fount, a projection of the fl~-age-emissionsqor

(-39----C-ommencing with the 2009 :~ manufacturer shall repo~ ~

same fo~at used to r~~ormation to C,~. Ifth~ vo!unt~y compliance opti~

the multi state~o~cticut pc~ion. Suc~~ filed w~th the

qL~ A mmmf_ _ 1 _ nstrate compt4anee pursuer2 to subsecti~

this section shall submit-le4he-DeFa,~iment a copy of the cfficia~emonsirating

compliance with the natic~as program. The submitted repo~ shall certain the

For a!l 2009 mud ~ode! year vc " , :

~d on the total number of~, !izht duty trucks~ and

~oe~er-veh4cqesee~kqed to the C~~aust emission standard~" " ’  ̄ "

~~Ic 13, sectio~ 1961.!, which are proceed and deli~in Coemecticut,

-

~ _ -" ~ads pursuant to subdivi~~
Page 7 of 15

R-39 Rev. 02/2010
Pa~e 8 of :1.5

R-39 Rev. 02/20:I.0

.~-..

Motcr Vehicle
Pa~e 9 of $5

R-39 Rev. 02/20~.0

8ection 21 !6
Page :10 of 1,5

R-39 Rev. 02/2010

e~,:~. 2!4g ~d~

c~,:~. 2!69

Recall and Cot" :" " *

~ai!nres (On

Board Diagncstic-E~t~pped Vehic!es-a~M

Ordered,,.

P~.

C-emmamcat:on ......... ~, ............

P~"~’"~:"" of Time=
Pa~e i~. of ~[5

R-39 Rev. 02/2010
R~39 Rev. 02/2010

Pag~ 12 of 15

Statement of Purpose

~his regulatory proposal is a series of changes to the Department of Energy m~d EnvironnaentaI

Protection’s (DEEP’s) air quality programs that will function to reduce regulatory burdens on

Connecticut businesses and administrative burdens on DEEP, without interfering with DEEP’s

progress towards meeting its air quality goals.

This proposal has three components:

o The addition of fine particulate matter requirements into DEEP’s new source review

permitting program, to retain federal program approval;

Additional compliance options for vehicle manufacturers under DEEP’s low emission

vehicle program; and

~ The repeal of non-core air quality programs.

_F.i_n_.e_!~_a_£~..!~-,!3t£_ ~M_ ~tt~r.[~_l~_2.5) Criteria for Air Permits (Sections 1 through 6)

DEEP is proposing to include the pollutant fine particulate matter, or PMzs, in DEEP’s new

source review (NSR) permit program. While the U.S. Environmental Protection Agency (EPA)

first promulgated a National Ambient Air Quality Stat~dard for PMz5 in 1997, EPA allowed

states to use the polfutant PMI0 as a surrogate for PMz5 in NSR permitting programs until certain

technical problems were resolved and EPA issued guidance for the states. EPA has issued two

relevant implementation rules and has required states to adopt the necessary requirements by

July 20, 20!2. The revisions help DEEP and the regulated community to understand what new

sodrces or modifications have the potential to impact PMzs levels and thus warrant additional

permitting requirements.

The proposal also revises an unrelated portion of the NSR permit program to achieve consistency

with federal requirements in 40 CFR 5I .165(a)(2). The revision links the applicability fbr

preconstruction review requirements in ~onattainnaent areas to the pollutant for which the area is

designated as nonattair~ment. The difference between the state and federal requirements has

caused considerable delay in processing several NSR permits, so the harmonization of the

requirements is likely to streamline certain future applications.

Once adopted, these requirements will be submitted to EPA and will allow DEEP to retain full

approval of its NSR permitting program.

Compliance Flexibility in the Low Emission Vehicle Program (Sections 7 throu h~

DEEP is proposing to increase the compliance flexibility available to vehicle manufacturers

under Cormecticut’s low emission vehicle program, as follows:

~ The greenhouse gas standards are revised to allow for alternative compliance with the

joint federal EPA/National Highway TrafISc Safety Administration greenhouse gas

(GHG) standards; and

An additional voluntary compliance mechanism allows a manufacturer to demonstrate

compliance based on the total number of passer, get cars, light-duty trucks, and mediumduty passenger vehicles sold in all states that have adopted California’s vehicle GHG

emissions standards under CAA section 177, rather than the cmrent fleet average

requirements, which limit averaging only to the state of Connecticut.

The proposed revisions are required under CAA section 177, which requires Cormecticut’s low

emission vehicle program to maintain requirements identical to California’s program.
Page 13 off5

R~39 Rev. 02/2010

Repeal of Non-Core Programs (Sections I0 through 14)

DEEP recognizes the need to eliminate programs that are no longer necessary to DEEP’s core

mission. Accordingly, DEEP proposes to repeal the following tba’ee discretionary air

managem.ent programs:

~ Control ofopenburning;

~ Potable fue! container spillage contro!; and

~ Pe*~its for construction of indirect sources.

Staff resources freed by this amendment can be devoted to more immediate permitting and

enforcement needs. In addition to the repeal of the three programs described below, the

amendment propsses to revise the Air Bureau’s general fee regulation to delete exemptions from

fees provided for the open burning and indirect source permit programs.

_02~en burnin2~ In a series of public acts in 1996, 1999 and 2000, the Cormecticut General

Assembly developed an open burning program via statute, CGS section. 22a-174(f), which

allows DEEP’s commissioner, along with local officials, to enforce open burning

requirements. This statutory program is self-implementing, comprehensive and supersedes

DEEP’s authority under RCSA section 22a-174-17, an open burning regulation developed in

1983. The continued existence of RCSA section 22a-!74-I7 serves only to confuse and is

therefore proposed for repeal.

Portable fuel containers. In 2007, EPA promulgated national evaporative emissions

standards for portable fuel containers (aka gas cans), which apply to containers manufactured

on and after January I, 2009. These federal standards are as protective of air quality as

DEEP’s portable fuel container spillage control requirements (RCSA section 22a-174-43),

which DEEP adopted in 2004 as part of a regional initiative. To eliminate the redundant

regulatory requirements, DEEP is proposing to repeal the Comaecticut regulation, leaving

manufacturers to comply with EPA’s national standards. This approach will allow

Connecticut to retain expected air quality benefits, while saving enforcement and

administrative resources.

Indirect source permits. DEEP is proposing to repeal the indirect source permit (ISP)

program of RCSA section 22a-174-100. The ISP program requires the Connecticut

Department of Transportation (DOT) to obtain an ISP permit from DEEP before beginning

certain state highway construction projects. DEEP recognizes that many of the ISP program

elements are duplicated in the transportation conformity process, the National Environmenta!

Protection Act and/or the Com~ecticut Envirnmnental Policy Act. Hence, the ISP program is

no longer programmatically necessary for Com~ecticut. DEEP is developing a joint

Memorandum of Agreement with DOT to ensure that, with the repeal of RCSA section 22a174-100, the limited air quality benefits of the ISP program, especially with respect to

emissions from construction equipment, continue in a more efficient, streamlined and less

costly manner.
R-39 Rev. 02/2010

(Cedification Rage)

Be it known that the foregoing (checkon~

are (check allthat apply) [~ Adopted []

by the aforesaid agency pursuant to section(s)

Public Act number(s)

[] Regulations [] Emergency Regulations

Amended as hereinabove stated [] Repealed

22a-174

Page ~’6 of

of the General Statutes and!or

(If applicable) after publication of notice of intent in the Connecticut Law Journal one7 2011 ,

(If applicable) and the holding of an advertised public hearing on November 9j 2011 ;

WHEREFORE, the foregoing regulations are hereby (check all that apply)

[] Adopted [] Amended as hereinabove stated [] Repealed

E F F EC’~ ~V[~: (check on~e, and complete as applicable)

[] When filed with the Secretary of the State

OR [] (insert dele; ~

In Witness DATE~ / Whereof:

APPROV~O by the A.ttorne¥ ~e~eral

DATE SIGNED

~ Or by the

OFFICIAL TITLE, DULY AUTHORIZED

with CGS Section 4-169, as amended

OFFICIAL TITLE, DULY AUTHORIZED

accordance with CGS Seclion 4-169, as amended, due to failure to give

~o_the agency of an SIGNED (Head of Board, Agency~SC°of tmhmeissrelcoenlpt of th~c s

(For Regulation Review Committee Use ONLY)

[] Approved d Rejected without prejudice

[] Approved with technical corrections

~d regulation.

OFFICIAL TITLE, DULY AUTHORIZED

[] Disapproved in part, (Indicate Section Numbers disapproved only)

[] Deemed approved

pursuant to CGS 4-170(c) as amended

By the Legislative Regulation Review DATE I SI~ED (Administrator, L~qislative Regulation Review Committee)

Committee in accordance with OGS

~9. !o~ Section 4-170, as amended I~/~ ~--~~W~"~ ~-~--~k5~9~ o~

Two ced.ified copies received and flied and one such copy forwarded to the Commission on Official Legal Rubiications ’n

accordance with CGS Section 4~172, as amended.

DATE SIGNED (Secretary of the State) B ~-

INSTRUCTIONS

All regulations proposed for adoption, amendment or repeal, except emergency regulations, must be presented to the

Attorney General for his/her determination of legal sufficiency. (See CGS Section 4-169.)

After approval by the Attorney General, original and eighteen (18) copies of all regulations proposed for adoption,

dmendment or repeal must be presented to the standing Legislative Regulation Review Committee for its action. (See

CGS Section 4-170,)

Each proposed regulation must be in the form intended for publication and each section must include the appropriate

regulation section number and section heading. (See CGS Section 4-172.)

New language added to an existing regulatioe must be in underlining or CAPITAL LETTERS, as determined by the

Regulation Review Committee. (See CGS 4-170(b))

Language to be deleted must be enclosed in brackets []. (See CGS 4-t70(b).)
Page

R-39 Rev 02/2010

1) I hereby certify that the above (check one) [] Regulations [~ Emergency Regulations

2) are (check all that apply) [] adopted [] amended [] repealed by this agency

pursuant to the following authority(ies): (complete all that apply)

a. Connecticut General Statutes section(s) 22a- f Z4 ~

b. Public Act Number(s)

(Provide public act number(s) if the act has not yet been codified in the Connecticut General Statutes.)

3) And I further certify that notice of intent to adopt, amend or repeal said regulations

was published in the Connecticut Law Journal on September 27~ 20! 1_;

(Insert date of notice publication if publication was required by CGS Section 4-168.)

4) And that a public hearing regarding the proposed regulations was h~6~ o~.~Lg~

(inse-~d date(s) of public hearing(s) held pursuant to CGS Section 4-168(a)(7), if any, or pursuant t~thef~able

5) And that said regulations are EFFECTIVE (check~ and complete as applicable)~

~ When filed with the Secreta~ of the State

OR ~ on #sedda f

DATE SIGNED ~ ~) J OFFICIAL TIT~E, DULY~THORIZED

APPROVED by the Attorne

DATE

’in accordance with CGS Section 4-169, as amended

OFFICIAL I’ZTLE, DLTbY AUTHORIZED

A~SO,~o ATTY. ~I~ERAL

Proposed regutations are by the Attorney Genera! in accordance with CGS Section 4-169, as

amended, if the Attome2 d fails to give notice to the agency of any legal insufficiency within thirty (30) days of

the receipt of the proposed regutation

(For Regulation Review Committee Use ONL Y)

--~Approved~~’0~z’~ [] Rejected without prejudice

[] Approved with technical corrections [] Disapproved in part (Indicate Section Numbers disapproved

only)

[] Deemed approved pursuant to CGS 4-170(c) as amended

Section 4-170, as amended ,

Two certified copies received and filed and one such copy forwarded to the Commission on Official

Legal Publications in accordance with CGS Section 4-t72, as amended,

(For Secretary of State Use ONLY)
Office of the Secretary of the State

State of Connecticut

RO. t~ox 150470, Hartford, CT 06115-0470

[~EN]SE W. MEI~ILL

Secretary of fhe State

JAMES FgELID SPALLONE

Deputy Secretary of the State

September 12, 2012

Daniel Esty, Commissioner

Department of Energy and Environmental Protection

79 Elm Street

Hartford, CT 06105

Agency Regulation Concerning:

Air Quality Regulations - Amendment of Sections 22a-174-1, 22a-174-3a,

22a-174-36b, 22a-174-26 and Repeal of Sections 22a-174-17, 22a-174-43

and 22a-174-100

Regulation Review Committee Docket Number: 2012-021a

Secretary of the State File Number: 6078

Dear Corm-nissioner Esty:

This is to aclcnowledge receipt of two copies of the above referenced regulation issued by the

Department of Energy and Environmental Protection. One of the two copies has been forwarded

to the Commission on Official Legal Publications as re@red by law.

Said regulation was received and filed in this office on September 10, 2012. The effective date

of this regulation is September 10, 2012.

We request that you please forward the original or a copy of this acknowledgement letter

to your agency’s legal services department, and/or to the agency department responsible

for adopting the regulation, for its files.

Sincerely,

RLS Assistant Coordin~or

860-509-6147

CC: Commission on Official Legal Publications (Letter and Copy of Regulation)

File

Commercial Recording Division (860) 509-6001 fax (860) 509-6069 State Capitol Office

Legislation and Election Administration Division (860) 509-6100 fax (860) ~09-6127 Deputy Secretary of the State

GenerN Information (860) 509- 6000 Management & Support Services

Internet Home Page: www.sots.ct.gov

(860) 509-6200 fax (860) 509-6209

(860) 509-62t2 fax (860) 509-6131

(860) 509-6190 fax (860) 509-6175
Attachment B
Reg~datio~as and notices published hereby, purs~.~a~t to Ge~eraI Statutes Sections 4-7d8 and 4-773, are printed exactly as submitted by the forwardi~ag age~cies. These, being oT~cial documents submitted by the

responsiDIe age~cies, are consequently not s~bject to editing by the

Commission o~ Official Legal publications. A cumulative list of effective amendments to the Regulations of

necticut State Agencies may be fouled i¢~ the Connecticut La~q Journal

dated September 27, 2017.

DEPARTMENT OF ENERG~ AND ENVIRONMENTAL PROTECTS(ON

Notice of Intent to Amend the State Air Quality Regulations and to

Revise the State Implementation Plan for Air Quality

The Commissioner of the Department of Energy and Environmental Protecti.on

" es notice of a ~ublic hearigg as part of a proceeding to re.v~se (DEEP) hereby gxv . s -~ ~t entofa~oollntion-Up°nad°ptmn’

and repeal state regulatmns concerning ~ ...... em

some of the regulato~ changes ~ili be submitted to the U.S. Environmental

tion Agancy as a revision to the State Impleme~tation Plan for air quality to satisfy

specific obligations under the Clean Air Act (CAA). The pxoposed regulatory

.chides a~e grouped into four topics, as follows:

~ ~-c~2~ ~~~ DEEP recognizes the need to elimiement re~ulato~ progr~S that are no longer necessary to ~ts hate t~ee air manag o~ ~1 the followin~ sections of the Regulations

core Mssion. DEEP proposes m ro~ .......

of Connecticut State Agencies (RCSA):

~ 22a-!74-17, con~oI of open burning;

~ 22a-174-43, potable f~el containe~ spillage control; and

. 22a-174-100, pe~ts for construction of indirect souKces.

RCSA section 22a-174-26(c)(3) and (4), concerning fees, is also ~evised to delete

references to RCSA sections 22a-!74-17 and 22a-I74-I.00. ~ ~ ~~e~ i~ RCS A sections 22a- 1747 ! .and

22a-174-3a are ~evised to include significant impact levels, significant emissions

" ts for fine oa~icutate matter, or PM~, consistent ~ith U.S. rates and mcremen ~ ,,~ ........ ~-~ ~n 2008 (73 FR 28321)

Env~ronm " ental Protection Agency k~) m~es p~s

and 20!0 (75 FR 64864-64907).

r~ RCSA section 22a-174-30 is revised to include an exemption

" stall Sta~e II vapor recove~ systems. The exemption would the reqmrement to m Y  ̄ " ~ .... cl~sivelv service rental vehicles. The

apply to gasoline dispensing ~acumes u~ ~

exemption is consistent with EPA’s December 12, 2006 detern~nation on widespread

nee of onboard ~e%eling vapor recove~ under CAA section 202(a)(6). For facilities

that are not exempt, reNo~i~g requirements for routine Stage tI testing are

o iance ti~a~

ye~" c]~c~ RCSA section 22a-!74-36b is revised to add compliance flexibilit7
~_ge 2B CONNECTICUT J~&W JOURNAL Septem0er 27, 2011

for large vehicle manufacturers consistent with CAA section 177 and section 22a174g of the Connecticut General Statutes (CGS).

All interested persons are invited to comment on the proposaI. Comments should

be submitted no later than 5:00 PM on 9 November 20t ! to Merrily A. Gere, DEEP,

Bureau of Air Management, Engineering & Enforcement, 79 Elm S~reet, Hartford,

Connecticut 06106-5127. Cormnents may be submitted by post, facsimile to (860)

424-4064 or by electronic mai! to

In addition to accepting written corrmaents, DEEP will also hold the public heari~g

described below. Any person giving oral comment at the hearing will be asked to

submit a written copy of such conaments.

PUBLIC I-,’0EA RING

9 November2011 at 10 AM

DEEP, 5th Floor, Holcombe Room

79 Ehn Street, Hartford, CT

Copies of the proposal described above, the r~gulatory flexibility analysis, and

a statement required by CGS section 22a-6(h) me available for public inspection

during normal business hours frown Sharon Rowe-Johnson at the Bureau of Air

Management, Engineering & Enforcement, 5th Floor, 79 Elm Street, Hartford,

The same documents are posted on DEEP’s website at the following location:

~.ct~. 0v~_d_e42/cwp/view.asp?a--2_.6_8 &4 0~_3_312~&d_e~.Nav GID=I619

For further information, contact Merrily A. Gere of the Bureau of Air Management

at (860) 424-4152 or by electronic mail to ~_e_~jy~.g_e~_.v_.

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, shonld ca!! 860-

424-3035 or e-mail the ADA Coordinator, at ~£g~__a_o~ffic~.kg.o_v. Persons who

are hearing impaired should call the State of Connecticut relay number 7 ! I. Requests

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

The authority to adopt the proposal is granted by CGS sections 22a-6 and 22a174. This notice is reqnired pursuant’ to CGS sections 22a-6 and 4-168 and 40 Code

of Federal Regulations 51.102.

Daniel C. Esty

Commissioner
Attachment C
Connecticut Department o~:

"ENERGY &

ENVIRONMENTAL

PROTECTION

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

ATTENDANCE

Public Hearing

9 November 2011

Robert Silvestri

PSEG Power Connecticut, LLC

Robin Baena

DEEP

Merrily Gere

DEEP
Attachment D
Connecticut Departmen~ of

"ENERGY &

ENVIRONMENTAL

PROTECTION

79 Elm Street  ̄ Hartford, CT 06106~5!27 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

HEARING CERTIFICATION

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

51.102 that the following actions were taken regarding the proposed amendment of sections 22a174- t, 22a- 174-3 a, 22a- 174-30 and 22a- 174-36b and the repeal of sections 22a- 174- t 7, 22a- 174-

43 and 22a-174-100 of the Regulations of Connecticut State Agencies:

1) The public hearing was held on 9 November 2011 as armounced 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 a!ong with a

copy to Region I of the U.S. Environmental Protection Agency; and

4) The notice of hearing was published in the Connecticut Law Journal and the

Department’s website on 27 September 2011.

27 September 2012

Date /s/Merrily A. Gere

Bureau of Air Management
Attachment E
~l cNERG & y

ENVIRONMENTAL

PROTECTION

Prepared Pt~rsuant to Section 4-168(d) o9 the

Connecticut General Statutes and

Section 22a-3a-3(d)(5) of the Departmeut of Energy and En-vironmental Protection

Rules of Practice

Regarding

Revision of Various Sections of the Air Quality Regulations;

Repeal of Non-Core Air Quality Programs

I-Ieari~g Officer:

B/~errily A. Gere

])ate of Hearing: November 9, 2011

On September 27, 2011, the Commissioner of the Department of Energy and Enviromnenta! Protection

(the Department) D~blished a notice of intent to amend various sections of the Regulations of Connecticut

State Agencies (RCSA), including portions of sections 22a-174-l, 22a-I74-3a, 22a-17~-30 and 22a-174-

36b and to repeal sections 22a-174-17, 22a-174-43 and 22a-174-100. Pursuant to such notice, a public

hearing was he’Id on November 9,2011, with the public comment period dosing on the same day.

Hearing Report Content

As required by RCSA section 4-168(d) of the Connecticut General Statutes (CGS), this report describes

the proposal, identifies principal reasons in support of and in opposition to the proposal, and summarizes

and responds tO all comments on the proposal.

The proposa! is included as Attachment 2 to this report. A final version of the proposal, with revisions

recommended in this report, is provided in Attachment 3. A statement in satisfaction of CGS section 22a6(h) is included as Attachment 1.

Summary of Proposal

]The proposal has four components, as follows:

_Re~.al of n_ on-core_air uq~Jl~’as. The Department recognizes the need to eliminate three

air management regulatory programs that are no longer necessary to its core mission. The Department

proposes to repeal the following sections of the air quality regulations:

o 22a-174~ 17, control of open burning;

~ 22aq74-43, portable fuel container spillage control; and

~ 22a- t 74- t 00, pennits for construction of indirect sources.
Subdivisions (3) and (4) of RCSA section 22a-174-26(c), concerning tees, are also revised to delete

references to RCSA sections 22a- ! 74-17 and 22a- t 74- 100.

Fine particulate matter criteria for air permits. RCSA ’sections 22a-174-! and 22a- 174-3a are

revised to include significant impact levels, significant emissions rates and increments for fine particulate

matter, or PM~ s,consistent with U.S. Environmental Protection Agency (EPA) rnles promulgated in 2008

(73 FR 28321) and 2010 (75 FR 64864-64907).

Exemption frmn Sta~or controls for certain vehicle fleets; ~_2e~_o~rtin~ r~_quirements. RCSA

section 22a-174-30 is revised to include an exemption from the requirement to install Stage II vapor

recovery systems. The exemption would apply to gasoline dispensing facilities that exclusively service

rental vehicles. The exemption is consistent with EPA’s December 12, 2006 determination on

widespread use of onboard refueling vapor recovery under Clean Air Act (CAA) section 202(a)(6). For

facilities that are not exempt, reporting requirements for routine Stage II testing are clarified.

Compliance options for vehicle mannfacturers under the Department’s low emission vehicle

rol2Lo~am. RCSA section 22a-174-36b is revised to add compliance flexibiIity for large vehicle

manufacturers consistent with CAA section 177 and CGS section 22a-174g.

This series of repeals and revisions will function overall to reduce regulatory burdens on Com~ecticut

businesses and administrative burdens on the Department, without interfering with the Department’s

progress towards meeting its air quality goals.

IiI. Opposition to the Proposal

Neither of the commenters opposes the final adoption of the proposal or an aspect of it. EPA made

comments of a technical nature and raised issues related to the approval into the State Implementation

Plan (S~) of some of the proposed changes. Such specific concerns are addressed in Section IV.

IV. Summary of Comments

Written comments were received from the following persons:

i. Anne Arnold, Manager

Air Qualily Planning Unit

USEPA Region 1

5 Post Office Square, Suite 100

Boston, MA 02109-3912

Eric J. Brown

Director of Energy and Environmental Policy

Connecticut Business and Industry Association

350 Chumh Street

Hartford, CT 06103-1126

A!! comments submitted by the two commenters are summarized below with the Department’s responses.

Commenters are associated with the individual comments below by the number assigned above. When

changes to the proposed text are indicated in response to comment, new text is in bold font and deleted

text is in strikethr0ugh font. Comments are organized by the four components of the proposal identified

in Section II of this report.

g~eal of non-core air qualitfipr_o~

Comment 1: CBIA supports tl~e Department’s repeal of non-core programs, particularly to allow the

Department to allocate more time and resources to addressing the most significant air quality challenges

in Connecticut. (2)
3

Respor~se: The Depa t~e~t takes rote of CBIY~ s suppm "t for the proposed repeal of non-core

progrmzas.

Comment: 2: On December 23~ 1980, EPA publish.ed a floral rulemaking in tire Federal Register

approving the withdrawal of Connecticut’s indirect source regulation from the Connecticut SEP (45 FR

84769). As RCSA section 22a-174-100 is not part of the EPA-approved Comaecticut SIP, the repeal of

RCSA section 22a-174-100 should be not submitted to EPA as a SIP revision. (1)

Response: The Depa~t:ment thanks EPA for conthrming that RCSA section 22a-174-100 is not

currently an element of the SB?. If the proposed repeal is completed successfully> the Depmtment

will notsubmit the repeal of RCSA section 22a-174-100 to EPA as a SIP revision.

Comment 3: RCSA section 22a-174-17 is not SIP-approved. The predecessor regulation, RCSA section

19-508-17, is the EPA-approved regulation in the SIP. IfCGS section 22a-174(f) replaces RCSA section

19-508-17 in the SIP, EPA is conce~n~ed that the statute is not as protective as the former regnlatiom

EPA’s concerns are summarized in the table below, which compares the fo~ner SIP-approved regulation

(RCSA section 19~508-17) to CGS section 22a-174(f), which the Department proposes as a repIacement.

EPA also notes:

CGS section 22a-174(f) focuses on burning of brush and does not explicitly include many types

of open burning covered by fo~ner RCSA section 19-508-17. EPA notes in the table that some

activities are more stringently regulated in CGS section 22a-174(f) while others are less

stringently regulated. EPA recommends that the Department avoid losing stringency or

introducing ambiguity.

EPA points out that RCSA section 22a- 174-17 covers different activities than are addressed by

CGS section 22a-174(f). The regulation also adds a definition of"brush" that is not included in

the statute.

~ems in italic font are required by the current SIP but not c~ddressed in CGS section 22a-17400.

rnder[ined items are included in the statute but are no~ addressed in the current SI2.

Activity S~-approved RCSA section 19-508-17 ~S section 22a-174(~

Brush burning in

municipal

landfill, t~ans for

station or

recycling center

~N~ded permit from local mm~icipal

official:

No interference with NAAQS

No hazardous bealth condition

No extreme forest fire

No air pollution ep_isode

advisor,A

No violation ofa municipal

ordinance

Need permit fi-om fire marshal:

* No interference withNAAQS

~, No hazardous health condition

~ No extre~~_r

~, No air pollution episode

adviso~

No violation ofamunicipal

ordinance

o Landfill not on

< 6/5’ear

No bum~_eaves~

demolition waste or otl~er

landfill_waste

"~ame as above.

Written certification fi-om ~he commissioner:

No i~terference with NAAQS

No hazardous health condition

Conditions to avoid nuisance, protect health and

safety

No salvage

No practical and reasonably available

alternathm method

Brash burning on

residential

property
Activity

Campfires and

bonfires

Outdoor fires

used for cooking

food for human

consumption

Fire breaks and

controlled l-tres

Fires in

salamanders, etc.

Fire training

Ff~es for

disease/past

control

Fires for disposal

of dangerous

materials

"Agricultural

pmsooses"

vegetative debris

following a

natural disaster

Vegetative

enhancement or

habitat

enhancement

Any other fixes to

protect public

health

SIP-approved RCSA section 19-508-17

Allowed without pen~it.

Allowed without permit.

Al!owed, controlled by directions of the fire official.

Allowed without permit.

Need written certificate from commissioner

including conditions to avoid ~Tuisance and protect

health and safety

No hazardous health condition

No salvage

No practical and reasonably available

alternative method

No interference with NA~S_.

Same as above

CGS section 22a-174(f)

Not a separate category. Authorizes fires for

agricultural disease/pest control and agricultural

burning for vegetation management, which need a

written certificate from the commissioner, including:

Conditions to avoid nuisance and protect health

and safety

No hazardous health condition

No salvage

No practical and reasonably available

alternative method

o No interference with NAAQS

Implied. Not clear if permit is required.

Use non~_procassed wood,

Do not create a nuisance.

In accordance with

restrictions imposed on such

burning~."

Not specified.

Allowed without restriction.

Not specified.

Need an open burning permit from an

open burning official

Need an open burning permit from an

open burning official.

Same as above, plus no reasonable alternative Need an open burning permit from an

method of disposal open burning official.

Need an open burning permit from an

open burnh~g official.

Not addressed.

Need written certificate from the commissioner:

Necessary to prevent a hazard that can’t be

managed by any other means or necessary to

protect public health

Conditions to avoid nuisance and protect health

and safety

No hazardous health condition

Need an open burning permit from an

open burning official,

Need an open burning permit from an

open bnmthg official.

Must occur on municil~~

!~rj_vate propert~ permanently

desiRnated as open space.

Not specified. Ambiguous whether

allowed without permit or prohibited.
5

Activity

No salvage

No practical and reasonably avaitabIe alternative

method

No interference with. NAAQS

CGS section 22a-174(f)

Response: As of August 1, 1983, the section 1%508-# series of air quality regulations was

renumbered as 22a-174-# via Public Act 83-159 of the Connecticut General Assembly. The

regulatory substance was unchanged. Thus, tl{e fon~er RCSA section 19-508-17, which was

submil~ed to the SIP, became RCSA section 22a-174-17 on August 1, 1983. However, no

co~’esponding SIP revision ackaaowledgi~ag the change in numbering was submitted. The

Department wiI1 explain this history in the SIP submission llaat will follow this rulemaking to

make it clear that SIP-approved RCSA section 19-508-I7 is RCSA section 22a-174-17, which

will be replaced in the revision by CGS section 22a-I7Zl(f). RCSA section 19~508-17 no longer

exists except as a phantom in the SIP. h~ this response, tlae Departme~t will refer to RCSA

section 22a~ 174-17 to mean the Connecticut air quality regulation pertaining to ope~ burni~g.

While the Department contends that the program of open but~ing control under CGS section 22aI74(f) is at least as protective as the program implemented under RCSA section 22a-17~i-17, the

question is in’elevant since, based on its legislative history, the provisions of CGS section 22a174(f) supersede the regulation. The state Iegislature amended subsection (f) of CGS section 22a174 in 1996, 1999 and 2000. The 2000 amendments allow for local open burning officials to

issue permits for open burning on residential property and for fire training, insect control,

agricultural purposes, natural disaster clean-up, wildlife habitat and vegetative management and

ecological sustainability; establish a process for nominating and certifying local open burning

officials; allow open burning on state property with approval of the commissioner and authorize

the commissioner to adopt regulations governing open bunaing. As the general assembly was

well aware of RCSA section 22a-!74-17 in developing the 2000 statutory amendments, the

authority provided to adopt regulations was intended for new regulations consistent with the

amended statute.

EPA points out in its comment and accompanying table thgt some activities regulated under

RCSA section 22a-17zl-17 are not regulated under CGS section 22a-174(f) and vice versa. The

most impo~tant point is that both the regulation at~d stala~te allow for significant control over open

burr~ing to be placed in the hands of municipal officials, who are better situated to respond to

open burning events, as burning events are sporadic in nature and often occur outside of routine

business hours. Well-trained municipal officials and effective enforcement result in an open

burning program under CGS section 22a-174(f) at least as protective as that under the regulation.

The Department has been providing training to municipal officials on open burning enforcement

for over a decade, since the enactment of the statute. Tbe Bureau of Air Management is presently

enhancing its training with a free online course to assist municipalities in mee1ing the certification

requirements for an Open Burning Official. The Open Burning Training Program for Municipa!

Officials is being designed as a~ overview of the statutory requirements under CGS section 22ai74(0 regarding residential and municipal open burning provisions and is targeted to local

officials responsibIe for knowing the law and implementing it on the loca! level. In developiug

this on-line training, the Bureau is currently undertaking a comprehensive review of the existing

program elements to identify potential improvements in program effectiveness and efficiency.

In addition, the Department pursues enforcement actions, typically if large quantities of material

are burned in violation of CGS section 22a-174(f) or in the case of a repeated violation. The

Department has taken nine formal actions to address violations under CGS section 22a-174(f’).

Four actions resulted in consent orders. Three referrals to the Office of Attorney General are now
actively beiug pursued, as are one criminal refe~al to the Office of the Chief States A t~tomey and

one referral to EPA Region 1.

Furthermore, the Department anticipated the repeal of RCSA section 22a-174-17 upon the

general assembly’s amendment of CGS section 22a-174(f) and decided that the most important

part of the regulation that would be lost is the definition of"brush." Effective February I, 2010,

the Depm~ment added a definition of"brash" to RCSA section 22a-174-1, definitions of general

applicability to the air qualit2¢ regulations. So, despite the repeal of RCSA section 22a-174-17,

the Department has a definition of "brush" for use for enforcement and compliance purposes.

In sum, the cm~ent program of open burning under CGS section 22a-174(1’) is at least as stringent

as the program formerly implemented under former RCSA section 19-508-17. The Department

should proceed with the repeal ofRCSA sectiot~ 22a-!74-17 as an admlnistrative cleanup

consistent with legislative actions and use the information provided here in the SIP narrative upon

submission of the repeal to EPA.

Fine particulate matter criteria for air peak:nits.

Comment 4: In Table 3a(k)-I of section 22a-174-3a, Connecticut should add the following entry since

the current regulation does not contain a requirement equivalent to 40 CFR 5 !. !66(b)(23)(ii), which

defines significant as any increase of a regulated NSR pollutant which is not listed:

Municipal solid waste landfill emissions (measured as nonmethane organic compounds): d5

megagrams per year (50 tons per year). (1)

Response: The Department appreciates EPA’s careful review of its proposal. As the

recommended addition is outside the scope of the proposal, the Department should not move

forward with the suggestion at this time. The Department will take note of that requirement for

possible addition to a futare proposal.

Comment 5: EPA requests Connecticut revise Table 3a(k)-i to be more consistent with 40 CFR

51.166(b)(23)(i) regarding precursor pollutants. 40 CFR 51.166(b)(23) contains a partial list of regulated

NSR pollutants. Volatile organic compounds (VOCs) are not a listed pollutant. The regulated NSR

pollutant is ozone with VOCs regulated as precursors of ozone. Connecticut should revise Table 3a(k)-I

as follows:

Air Pollutant Emission Levels

(Tons per__Y_ea_@

Oz_o.ne (as Volatile. Organic Com~_

Ozone (as Nitrous Oxide)

_~M2~ (as direct emissions)

PM. z~as Nitrous Oxide)

PM_2.~.__(as Sulfur Dioxide)

25

25

10

40

40

Response: Although the Department appreciates the concept underlying EPA’s suggested

revision to Table 3a(k)-l, the Department should not revise Table 3a(k)-i as recommended. For

the regulated community, that ozone is the regulated air pollutant and subject to a NAAQS is not

as important as identifying the pollutant emit~ced and to which the emission levels of the Table

applS~. Furthermore, Cormecticut does not use the term "regulated pollutant," so as a defined term

it has no relevance. From a practical staudpoint, EPA’s suggested change is confusing for both

ozone and PM2.5. Therefore, the Department should not revise the proposal in response to this

comment.
Ea~i.On fr~ S_~:_a_ge I~_.3!a_g_.~q~ controls for certain veh~c_.!_e fi_e~_~2e..~t_~i~Au--i~rementsComment 6: The opel~ing bracket was omitted from RCSA section 22a-!74-30(b)(6). (1)

Response: The Department thanks EPA for noting this error on the published version of the

proposal. The proposed text should have appeared as set out below, and this is the text that the

Department should use in proceeding with this rulemaking process.

(6) Any owner or operator of a dispensing facility [which is] not subject td subdivision (1),

(2), (3) or (4) of this subsection shall maintain at such dispensing facility" records of monthly

throughput which demonstrate such a dispensing facility is ~?ot subject to subdivision (1), (2), (3)

or (4) of this subsection Such records shall be kept for five (5) years and shall be made available

for inspection by a representative of the [Department or EPA] .commissioner~ or Administrator.

Comment 7: RCSA section 22a-I74-30(b)(7) provides an exemption for both new and existing gasoline

dispensing stations that smwice renta! vehicles or cocporaIe or commercia! fleets. If the intent is to

exempt both new and existing stations, the Department should also adopt decommissioning procedures to

be followed by existing stations equipped with Stage II vapor recovery systems that choose to seek

exemption. (An example of such procedures can be found in Appendix A of Maine’s Chapter 118

regulation.) Otherwise, Connecticut should revise this subdivision to reflect that only new gasoline

dispensing facilities are able to use the new exemption. (1)

Response: The Department’s intent in proposing subsection (b)(7) is to exempt existing and new

stations that meet the stated criteria from the Stage II vapor control requirements of RCSA

section 22a-I74-30. The Department is working to deve!op decommissioning guidance now,

which we expect to make available for public comment and discttssion in early 2012. Tlae

decommissioning guidance is necessary not only to support the proposed exemption but to

support broader scale decommissioni~g efforts maticipated as a result of EPA’s recent

publication, s concerning widespread use of onboard vapor recovery. The Department plans to

finalize the decommissioning guidance in the first quarter of 2012, prior to fl~e likely completion

of this rulernaking effort.

The Department’s intent is that after removal of Stage II equipment, facility owners wiI! need to

maid, rain a properly operating Stage I vapor control system. As proposed, the exemption appears

to apply to both Stage I and Stage II control equipment. While the majority of the applicable

Stage I requirements are included in RCSA section 22a-174-20(a), a few are specified in RCSA

section 22a-174-30, and these few need to be taken into account in the exemption. The

Department should limit the exemption to only Stage II vapor control equipment. The

Department should also refer to "onboard refueling vapor recovery" whenever the phrase is used

for consistency. Proposed subsection (b)(7) should be revised by the addition of the text in bold

font, as follows:

Aza owner or o~erator of a c[~facilitT that exclusively services rental vehicles or

c~o~a_ora~te or commercial fl_eet~s _where at least_n_~-fiv~e_~(.95~) of such vehicles or fleets

are ecLu_~ped with onboard ~.por recoveryAystemm ma~2~submit to the commissioner a

writ~mn re_guest for an exemtation fi’om the Sta e~a~o~r control reqLuirements of this section.

An exe ;opt on reqsest shall demonstrat~e~_g!a~!d th_ e pr~_a_rer shall certi_~ t~hat at least 95% of the

vehicles fueled at the__f~ are e~p~d with o~board~or recove~stems and

that a minimum of 95% onboard_ refueli.n~apor recov¢_ s~ use will be maintained.

Comment 8: The SIP-approved version of RCSA section 22a-17440 requires facilities to install Stage II

systems and parts that have been approved by CARB or another state using test methods approved by

CARB. In subdivisiol~s (1) alad (2) of subsection (c), Connecticut is proposing to allow Stage II systems

ar~t part.s that have been approved in writing by tbe Commissioner. Provisions with such state discretion
8

are not acceptable for approva! into the SIP. Therefore, subdivisions (1) and (2) of subsection (c) should

be revised to require approval of the Commissioner and EPA. (1)

Response: As suggested in the comment coucerning subdivisions (!) and (2) of subsection (c),

the Department should include the EPA Administrator in ltae approval process for Stage II

systems and parts. The Department should also correct the format error in the proposal by

combining subparagraph (A) into subdivision (I) and re-identifying the subclauses as

subparagraphs, as fol!ows:

(I) No person shall install a Stage II vapor recovery system at a dispensing facili~y unless+

(~k-y-.-~a:M~ s~mh system [is or has ever been tested and approved by CARB; or]

has been approved ~3~_:

Another state usin, g_t_e_s_t)!g methods aRprQ~ed___b_¥_CARB

The commissioner and the Administrator~ in writinK.

[(B) Such system is or has ever been tested and approved by another state

using testing methods approved by CARB; and

(C) Such system utilizes only coaxial hoses.]

(2) No person shall replace any part of a Stage II vapor recovery system with a new or rebuilt

part unless such new or rebuilt part is or has ever been approved for insta!lation in such Stage tI

vapor recovery system either by CARB~ [or] by another state using testing methods approved by

CARB[.], or in writing by the commissioner and the Administrator.

Compliance options for vehicle manufacturers under the Department’s !ow emission vehicle ~

Comment 9: The California Code of Regulations (CCR) Title !3 provisions have been amended since

Connecticut initially adopted California’s low emission vehicIe program. One change is the deletion of

Article 2 "Approval of Motor Vehicle Pollution Control Devices (New Vehicles)." The sections fo~xnerly

under Article 2 are now under the General Provisions of Article 1. The Department should take this

opportunity to change Table 36b~ I to reflect the cun’ent structure of CCR Title 13. (1)

Response: The Department thanks EPA for the suggestion. Upon inspection, the Department

agrees that California has deleted Article 2 of Chapter 1 of Title 13, and RCSA section 22a-174-

36b may be revised with respect to this change. ~n Table 36b-1, the Department should delete the

line title for Article 2 of Chapter I, as all of the listed sections are now part of California’s Article

1 of Chapter 1, as indicated below. The remainder of Table 36b-1 should not change, except as

noted in the response to Comment 10.

Table 36b-1

California Code of Regulations (CCR)

Title !3

Provisions Incorporated by Reference
9

Title ~3 CCR

Chapter ~ Motor Vehicle ~ollution Control Devices

f~Aeetion me~ded Dat~

Article 1 General Provisions

Section 1900__~ Defhnitio~as I 04117/09

Section 1956.8(g)

and (h)

Sectiou 1960.1

Exhaust Emission Standards and Test Procedures -

1985 and Subsequent Model Heavy" Duty Engines and

Vehicles

Exhaust Emission Standards and Test Procedures -

1981 al~d ligough 2006 Model Passenger Cars, LightDuty and Medium-Duty Vehicles

10/11/07

03/26/04

Comment 10: ha Table 36b-1, the row for Section 1961.1 appears to have an incon’ect sectio~r

amendment date of March 29, 20t0. Section 1961.1 was amended and new subsections were added by

CaIifm~aia on April 1, 2010. Please ensure that the correct amendment date for Section 1961.1 is included

in Table 36b-1. (1)

Response: The Depmqcment thanks EPA for pointing out the error in the date in Table 36b- I

associated with Section 1961.1. The Department should change March 29, 2010 to April l, 2010,

as recommended in the comment. The co~Tected row in Table 36b-1 shall read as follows:

Table 36b-1

California Code of Regulations (CCR)

Title 13

Provisions Incorporated by Reference

Section

Title 13 CCR Title Amended

Date

Chapter 1 Motor Vehicle Pollution Control Devices

Article 1 General Provisions

Section 1900 [ Definitions I 04/17/09

Section 1956.8(g) Exhaust Emission Standards and Test Procedm-es - 10/11/07

and (h) 1985 and Subsequent Model Heavy Duty Engines and

Vehicles

Section 1960.1 Exhaust Emission Standards and Test Procedures - 03/26/04

1981 and through 2006 Model Passenger Cars, LightDuty and Medium-DutTg Vehicles

Section 1961 Exhaust Emission Standards and Test Procedures - 06/16/08

2004 and Subsequent Model Passenger Cars, LightDuty Tracks and Medium-Duty Vehicles
10

Section 1961.1 Greerffaonse Gas Exhaust Emission Standards and

Test Procedures - 2009 and Subsequent Model

Passenger Cars, Light-Duty Trucks and Medium-Duty

Vehicles.

[01/01/06]

04/01/10

Comments of }?[earing Officer

The hear~g officer suggests the following additional revisions to the proposal. The suggested revisions

are minor and will make for a clearer final proposal consistent with the Department’s intent.

(I) Concerning the proposed addition of subdivision (5) to RCSA section 22a-174-30(e), the

proposed language should be revised to eliminate the use of a fax machine as an acceptable means of

submittff~g test reports to the Department. Given the low cost and widespread availability of electronic

mail as a reporting option in combination with option of submitting a paper copy by U.S. mail or conrier,

the option of faxing is not necessary and comes at a higher cost to the Department than the other means of

submission. For proper format, the sentence concerning the submission of the test report should also be

incorporated into the text of the subdivision, prior to tI~e subparagraphs.

Proposed section 22a-174-30(e)(5) should be revised as follows:

(5) Not more than ten business days after testing is conducted under subdivision (1)

or (2) of this subsection, the owner or operator of such dispensing facility shall ensure

that a written report of the results of such testing is submitted to the Department’s Bureau

of Air Management, Engineering and Enforcement Division. Such a written report

may be submitted via mail, courier or electronic mail. In addition to all test results

produced in testing the facility, such a report shall include:

(A) A list of all repairs made to the Stage II vapor recovery system to achieve

proper function; and

(B) A certification signed by a responsible official of the entity that conducted

the testing, who shall certify in writing as follows:

I have personally examined and am familiar with the information

submitted in this report and all attachments thereto, and I certify

that based on reasonable in.vestigation, inciuding nay inquiry of

those individuals responsible for obtaining the information, the

testing that is the subject of this report was performed in

accordance with the requirements of section 22a-174-30 of the

Regulations of Connecticut Agencies and the submitted

i~ormation is true, accurate and complete to the best of my

knowledge and belief. I understand that any false statement made

in the submitted report may be punishable as a crimina! offense

under section 22a-!75 of the Comnecticut General Statutes, mrder

section 53a-157b of the Connecticut General Statutes, and in

accordance with any applicable statute.
(2) Coucerning the defiaition of"corporate or commercial fleets" proposed for additio~ to RCSA

section 22a-174-o30(a)(4)~ the Depmtment should change the defined term fl’om plural to singnlar for

consistency with the other defined terms in the section. The list of organization owners should also be

changed from plural to singular si~ace a siagle organization may own a fleet. The revised definition

should appear as fdllows in the final text of the proposal:

"Corporate or commercial ~e~s fleet" means vehicles that are used for business

p_u~poses and are owne~g_~~s-~g~_~~t4e-aa~-et~aagz÷t-i<’~s

corpora/io_n~vernment ~,J!~iversit3’ or another organization.

Conclusion

Based upon the comments addressed in this report, I recommend the proposal be revised as recommended

herein and that the recomrnended final proposal, included as Attachment 3 to this report, shall be

submii:ted by the Commissioner for approval by the Attorney General and the Legislative Regulations

Review Committee and upon adoption, be submitted to EPA as one or several SIP revisions.

Me~T .~y A.

.! Hearing C

Date
Attachmen~ ~

~TATE)*I ENT ~[~URSUANT TO SECTION 22a-6(1~) OF TIlE (~ENERAL ~TATUTES

CONCERNING THE ADOPTION OF ~:~EGULATIONS ~EP.TA1N[NG TO ACTIVITIES

FOR WHICH THE

FEDERAL GOVERNMENT HAS ADOPTED STANDARDS OR IffROCEDURES

Pursuant to section 22a-6(h) of the Coanecticut General Statutes (COS), the Commissioner of the

Depmlment of Energy and Enviroamental Protection (the Department) is authorized to adopt regulations

pea-raining to activities for which the federal goven~ment has adopted standards or procedures. At the

time of public notice, the Commissioner nmst distinguish clearly all provisions of a regulatory proposal

that differ from federal standards or procedures eitber within the regulato~ language or through

supplemental docmnentation accompanying the proposal. In addition, the Commissioner must provide an

explanation for alI such provisions in the regulation-making record required under CGS Title 4, Chapter

54 and make such explanation publicly available at the time of the puNication of the notice of intent

required under CGS section 4-t68.

ha accordance wil~a the requirements of CGS section 22a-6(h), the following statement is entered into the

administrative record in the ma~er of the proposed revisions to and repeal of various sectious of the air

quality/regulafions.

This proposal is a series of changes to the Department’s air quality programs that will function ge~aerally

to reduce regulatory burdens on Coanecticut businesses and administrative burdens on the Department.

This proposa! has four components:

The addition of fine particulate matter requirements into the Department’s new source review

permitting program to retain federal program approval;

~ An exemption frmn Stage II vapor controls for certain vehicle fleets;

~ Additional compliance options for vehicle manufacturers under the Department’s low emission

vehicle program; and

~ The repeal of non-core air quality programs.

The Depa~’tment has performed a comparison of the proposal with analogous federal laws and

l:egulafions, namely the Clean Air Act (CAA) and standards and procedures in 40 Code of

Federal Regulalions (CFR), as follows:

The addition of PMz.s requirements to the New Source Review (NSR) Permitting Program in RCSA

section 22a-lV4-3a aligns RCSA section 22a-174-3a with the U.S. Environmental Protection Agency’s

(EPA’s))~nplementotion of the New Source Review OVL~R) Program for Particulate Matter Less Than 2.5

Micrometers (PM~.5) (73 FR 28321, 2008) and Preve~tion of Significant Deterioration (PSD) for

Particulate Matter Less Than 2.5 Micrometers (PM~.~) (75 FR 64864-64907, 2010). Together, these final

rules delineated several NSR pro~am elements for sources of PM~- While EPA first promulgated a

NAAQS for PM~s in 1997, EPA allowed states to use t~e pollutant PMI0 as a sm-rogate for PMzs in NSR

permirting programs until certain technical problems were resolved. Consistent with EPA’s rules, RCSA

section 22a-17d-3a is revised to include PMz.s significant impact levels, significant emissions rates and

increments, in addition to adding PM~ to the requirements for internal offset or certified emission

reduction credits in nonattainment areas. There are no differences be~een the applicable standards

promulgated by the EPA rules and those new PMz~ standards added to RCSA section 22a-174-3a.

The inclusion of an exemption from Stage I~ vapor controls in RCSA section 22a-174-30 is

consistent with EPA’s guidance provided in December 12, 2006 and November 28, 2007 memoranda

concerning the widespread use of onboard refueling vapor recovery (ORVR). CAA section 182(b)(3)

requires Stage II vapor recov’ery systems to be used at gasoJine dispensing facilities located in serious,
severe, and extreme non-attainment areas for ozone. Stage II program requirem.ents are set out in a Sl;[>

revision and approved by EPA. Connecticut’s Stage II program was first approved in 199! (58 FR

65930). However, CAA section 202(a)(6) allows EPA to waive Stage II requirements for certain ozone

nonattainment areas when ORVR systems are in widespread use in a motor vehicle fleet. The 2006 and

2007 memoranda distributed by the EPA identified gasoline dispensing facilities that exclusively service

rental vehicles and corporate or commercial fleets as categories for which widespread use may occur

earlier than for the motor vehicle fleet as a whole. EPA also determined that widespread use occurs when

95% of the vehicles in a rental vehicle fleet or corporate or commercial fleet are equipped with ORVR.

The revisions to RCSA section 22a-174-30 provide for the exemption from Stage II program

rbquirements for rental vehicle fleets or corporate or commercial fleets in which 95% of the vehicles are

equipped with ORVR. The addition of the definition, of"corporate or commercial fleets" to subsection

(a) of RCSA section 22a-174-30 mi~’ors the language of the November 28, 2007 memorandum. The

other revisions related to the exemption from Stage II vapor recovery systems based on widespread use of

ORVR pertain to the procedures for requesting such an exemption, for which there is no federal analogue.

Hence, for those revisions, CGS section 22a-6(h) does not apply. The remaining revisions are

clarifications of existing requirements.

With respect to the amendment of RCSA section 22a-174-36b concerning the Low Emission Vehicle

(LIEV) program, the revisions are intended to maintain the consistency of Connecticut’s LEV program

with California’s LEV program. There are two federally sanctioned LEV programs from which a state

may choose to comply in the United States, the federal emissions program located in Title II of the CAA

or the California LEV program. In 2004, Connecticut adopted the California program. Since adoption,

the "identical ity" provisions of CAA section 177 and CGS section 22a-174g require Connecticut to

update its LEV program in response to changes in California’s LEV program. California last revised its

LEV program in March 2010 and included three compliance flexibility options for large vehicle

manufacturers, which this proposal incorporates by reference into RCSA section 22a-174-36b. Since

Connecticut adopted the California LEV program by incorporation, there are no discernable differences

between the revisions in RCSA section 22a-!74-36b and the revisions to the California program in March

20!0.

With respect to the repeal of RCSA sections 22a-174-17, 22a-174-43 and 22a-174-100, the

Department recognizes the need to eliminate air management regnlatory programs that are no longer

necessary to its core mission. A section by section comparison of the proposal with federal standards and

procedures follows:

RCSA section 22a-174-17, control of open burning, regulates open burning by requiring prior

certification for certain types of outdoor fires. Wlaile EPA discourages open burning and

provides educational resources on its effects, there are no comparable federal standards intended

to improve ambient air quality by regulating the practice of open burning. Hence, the provisions

of CGS section 22a-6(h) do not apply.

RCSA section 22a-174-43, portable fuel container spillage control, regulates the manufacture of

portable fuel containers to limit hydrocarbon emissions that evaporate from or permeate througla

fuel containers. Connecticut established its portable Nel container program in 2004 based on a

program developed by the California Air Resources Board (CARB). The Department revised its

program in 2007 to remain consistent with CARB’s program. On February 26, 2007, EPA

published a final rule, Control of Haza~’dous Air Pollutants from Mobile Sources (72 FR 8428),

which established a significantly similar program, also based on the CARB program. Both the

Federal and Connecticut ~-ales regulate all portable fuel containers, including those intended for

use with diesel and kerosene, require manufacturers to warrantee those containers for a minimum

of one year, and specify labeling requirements. The emission standard or permeation rate

promulga:~ed by each rule differs slightly. The Federal standard of 0.3 grams/gallordday for

portable fuel containers is more stringent than the emissions standard required under RCSA

section 22a-174-43 of 0.4 grams/gallon!day. In general, EPA’s rule is less prescriptive than

RCSA section 22a- 174-43, relying on the emission standard rather than specific design
requirements. However, overall, the federal program is at least as protective as RCSA section

22a-174-43 and results in equivatelit or greater emissions reductions. "Phe repeal of RCSA

section 22a-174-43 leaves the federal program as the oo/y applicable proD’am in ConuectJc~t,

~CSA section ~2a-!74-100~ permits for coastr~ction of i~direct sources~ regulates via permits

certain roadway construction projects on the Com~ecticat highway system. Originally, ~PA had

required all State Implementaion Plans (S~s) to contain indirect source review ragulaions as

pml of each state’s effo~l to attain aud maintai~ the National Ambient Air Q~ality Standards

(N~QS) %r ozone m~d carbon monoxide In t929, the program was rescinded flom the C~K

and eliminated as a S~ requirement when ~PA concluded the the indirect source pen~itiing

program did not siguificantly contribute to progress toward a~aJnment a~d maiutenance of the

ozone NAAQS. Consistent with this conclusion, the DepaAment has not quantified emission

reductions from the program %r attainment pu~>oses. All projects subject to indirect source

pem~iaing are also subject to the transpo~lation con%nnity process contained in 40 CPK 93. The

transpo~.tation co~%rmi~ process is required by the CAA and ensures that federally-f~nded or

approved transpo~iaion plans, programs, and projects con%tin to the air quality objectives

established i~ the S~. The repeal of RCSA section 22a-174-100 will eliminate the dupIicative

requirements of the h~direct sourc~ permitting prograrn and the transpo~1aion con%rmib, process.

~tember 2011

Date

DRAFT

Section 1. Definition (60) of section 22a-174-! of the Regulations of Connecticut State

Agencies is amended as follows:

(60) "Major source baseline date" means January 6, 1975 for partictflate matter and sulfiar

dioxide; [and] February 8, 1988 for nitrogen dioxide2 mad October 20~20!0 for PM24-

See. 2. Table 3a(i)-1 of section 22a-174-3a(i) of the Regulatim~s of Connecticut State

Agencies is amended as follows:

Table 3a(i)-I Ambient Impact

[A~[R POLLUTANT

PMI0

Ann.ual average

24-hour average

Sulfur Dioxide

/umual average

24-honr average

3-hour average

-C a~on Monoxide

8-hour average

1-ho~r avera_ge~

Nitrogen Dioxide

kamual average

Dioxin

Annual average (as calculated according

to Section 22a- 17z(- 1 (29) of the

Regulations of Connecticut State

Age~acies)

(Polychlorodibenzodioxins (PCDDs))

__(Pol__ycblorodibe~zofurans (PCDFs))_

Lead (Pb)

Three (3) month average~

AM}BlENT IMPACT

_ _(]VJ[ICROGRAMS PER CU}BIC METER_)_____

1

5

25

500

2000

1

(Notwithstanding above units)

0.1 picograms/m’

0.3]
2

DRAFT

AIR ][~OLLUTANT

An~ua! averaae_

24-hour avera~g_e

PMI0

Annual averaK~

24-hour averag~

Sulfur Dioxide

Annual averaKe_

24-hour average

3-hour averagg_

Carbon Monoxide

8-hour averaKe_

1-hour average_

Nitro_29_Ken Dioxide

Annual average.

Dioxin

Armual average (as calculated according

to Section 22a- 174-1 ~. of the

~gulations of Connecticut State

t’_P_o~gl chlorodib enzodioxins (PCDDs)).

_ (Polychlorodibe_nz~P~

Three ~) month averag~

AMBIENT IMPACT

(~!IICROGRAiVIS PER CUBIC METER}

!

2000

!

~otwithstanding above units!

~rams/m~

Sec. 3. Table 3a(k)-I of section 22a-174-3a(!0 of the Regulations of Connecticut State

Agencies is amended as follows:

Table 3a(k)-I Significant Emission Rate Thresholds

lAIR POLLUTANT EMISSION LEVELS

(ToNs PEa YEAR)

Carbon Monoxide

Nitrogen Oxides (as an ozone precursor)

Nitrogen Oxides (NOx National Ambient Air

Quality S tandarj_)_

Sulfur Dioxide

Particulat,e Matter

PM~0

Volatile Organic Compounds

Hydrogen Sulfide (H2S)

Total Reduced Sulfur (including I-hS)

Reduced Sulfur Compounds (including I~S)

Sulfuric Acid Mist

100

25

40

4O

25

15

25

10

10

I0

7
DRAFT

Fluorides 3

Lead ~

Mercury O. 1

Municipal Waste Combustor Organics 3.5 x 10~

(measured as total tetra-through octachlorinated

dibenzo-p-dioxins and dihenzof~u’ans)

Municipal Waste Combustor Metals 15

__(__Measured as j~articulate matter)

Municipal Waste Combustor Acid Gases 40]

(Measured as sulfur dioxide m~d hydrogen

chloride)

_AIR ]~OLLUTANT

Carbon Monoxide

~Nitrogen Oxides (as an ozone precursm~

~Nitrogen Oxides (as a PMzs precursor)

Nit~en Oxides (NOx National Ambient Air

0ualiW Standard)

-~ulf~tr Dioxide (as a PM2.s precursor~

Sulfur Dioxide (SOKNational Ambient Air

~Stan~

Particulate Matter

PM~o

Volatile Orggnic C~nt?ounds

H~n Sulfide (HAS)

Total Reduced Sulfur (including H~S)

Reduced Sulfur Compounds (includinK HzS)

S_~ulfuric Acid Mist

Fluo~ri!te~s

~vI~ni~-al Waste Combustor ~anics

[measured as total tetra- thaoug_h octachlorinated

dib_ enzo-p-d_~ioxins and dibenzofurans)

Municipal Waste Combustor Metals

_~_Measured as particulate matter)

Mm~icipal Waste Combustor Acid Gases

[Measured as sulfur dioxide and ~

chIo~

100

25

iQ

4_o_

4O

25

10

15

25

10

7

3

0.6

0.1

3.5 x 10~
DRAFT

Sec. 4. Table 3a(k)-2 of section 22a-174-3a(k) of the Regulations of Connecticut State

Agencies is amended as follows:

Table 3a(k)-2 Maximum Allowable Increase above Baseline Concentration

lAIR POLLUTANT

Particulate Matter, as PMm

Annual Arithmetic Mean

24-Hour Average_

Sulfur Dioxide

Annual Arithmetic Mean

24-Hour Average

3-Hour Average

Nitrogen Dioxide

Annual Arithmetic Mean

I7

3O

2O

91

512

PSD INCREMENT (ug/m’__)

AIR I~OLLUTANT

PM2.5

Am~ual Arithmetic Mean

24-Horn" Averaa_e

-P-a}~ Matter_,~as PM~0

Armual Arit~netic Mean

24-Hour Averag_e

Sulfur Dioxide

Armual Ar-itEmetic Mean

24-Hour Averag~

3-Ho~ar Average_

Nitrogen Dioxide

Annual Arithmetic Mean

PSD INCREMENT (ug/m_3~

4

2_.0_

9_21

512

See 5. Section 22a-t74-3a(/)(1) of the Regulations of Connecticut State Agencies is

amended as follows:

(1) Applicability. In accordance with subsection (a) of this section, the provisions of this

subsection shall apply to the owner or operator of_." [any new major stationary source or major

modification which:]

(A) [Is or wilI be a] ~ new major stationary source that: [or major modification for

any nonat’tainment air pollutant if such source is !ocated in a nor>attair~ment area

for such air pollutant; or]

Is or will be constructed in a desiy:3_ated nonat-tairmaent area" a,~d
DRAFT

Is or will be ma~_o_~;, fmL_th_!~ollutant for which the area is designated

nouattainnuent;

[Is located in an attaimnent area or unclassifiable area, but the allowable

emissions of any air pollutant would cause or exacerbate a violation of a National

Ambient Air Quality Standard in an adjacent non-attaimnent area. Allowable

emissions of any such air pollutant will be deemed not to cause or contribute to a

violation of a National Ambient Air Quality Standard provided that such

emissions result in impacts that are less than levels set forth in Table 3 a(i)-1 in

subsection (i) of this section.] _~Kv_ run--modification that:

Occurs at a source that i~for the Kgllutant for which the area is

d~esi~nated nonattainment; and

Is or will be m~_or~_t_he pollutant for which the area is designated

nonattai~maentLP~

~2~ new maipr stationary source or maior modification that is located in an

attai~maent area or unclassifiable area, but the allowable emissions of any_a_k

pollutant would cause or exacerbate a violation of a National Ambient Air

Standard in an adjacent nonattaimnent area. Allowable emissions of any such air

pollutant will be deemed not to cause or contribute to a violation of a National

Ambient Air uaua~tandard provided that such emissions result in impacts that

are less than levels set forth in Table 3~n subsection £J)_ of this section.

Sec 5. Section 22a-!74-3a(/)(4) of the Regulations of Connecticut State Agencies is

amended as follows:

(4) Offsetting emission reductions or Emission Reduction Credits.

(A) Except as provided in subdivision (8)(B) of this subsection, prior to commencing

operation pursuant to a permit issued under this section, the owner or operator of

the subject source or modification shali:

(i) reduce actual emissions from other stationary sources on such premises,

sufficient to offset the allowable emissions increase for each individual

non-attainment air pollutant which is the suhject of the application, or

(ii) obtain certified emission reduction credits in accordance with subdivision

(5) of this subsection, which credits are sufficient to offset the al!owable

emissions increase for each individual nonattain.ment air pollutant; and

(S) The commissioner shall not grant a permit to an owner or operator of the subject

source or modification unless the owner or operator dem.onstrates that internal

offset or certified emission reduction credits pursuant to subparagraph (A) of this

subdivision:
DRAFT

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

have occm~ced preceding the submission of such application and prior to

the date that the subject source or modification becomes operational and

begins to emit any air pollutant. The cormnissioner may consider a time

period beginning no earlier than November 15, 1990,

are not otherwise required by any of the following: the Act; a federally

enforceable permit or order; the State Implementation Plan; or the

regulations or statutes in effect when such application is filed,

will be incorporated into a permit or order of the commissioner and would

be federally enforceable,

will create a net air quality benefit in conjunction with the proposed

emissions increase. In determining whether such a net air quality benefit

would be created, the commissioner may consider emissions on an hourly,

daily, seasonal or a~mal basis. For carbon monoxide or particulate matter

(total suspended particulate P~_~M~M....5 and PM~o), the net air quality benefits

shall be determined by the use of atmospheric modeling procedures

approved by the commissioner and the Administrator in writing_ Upon the

request of the commissioner, the owner or operator shall make and submit

to the commissioner, a net air quality benefit determination for each air

pollutant. Such determination shall include, but not be limited to, all

increases and decreases of emissions from stationary sources at any

premises providing the offsetting emission reductions,

shall be based on the pounds per hour of potential emissions increase from

the subject source or modification. The commissioner may consider other

more representative periods, including, but not limited to, tons per year or

pounds per day,

are idenlified in an emissions inventory maintained by the commissioner

or otherwise approved in writing by the commissioner,

are of the same non-attaimnent air pollutant of which the owner or

operator proposes to increase. Reductions of any exempt volatile organic

compound [listed in Table 1-3 of section 22a- 174-1 of the Regulations of

Connecticut State Agencies or those] listed in 40 CFR 51.100 shall not be

used to offset proposed increases emissions of non-exempt volatile

organic compounds,

occurred at either: one or more stationary sources in the same

nonattainrnent area or stationary sources in another non-attainment area if,

pursuant to the Act, such area has an equal or higher nonattainment

classification than the area in which the proposed activity wonId take

place, and if emissions from such other nonattainment area contribute to a
DRAFT

violation of a National Ambient Air Qt~ality Standard in the nonattainment area in which the proposed activity would take place,

(ix) for the applicable non-attaimncnt air pollutmat, shall be from reductions in

actual emissions, and

offset actual emissions at a ratio greater than one to one, as detemained by

the commissioner. In addition, the owner or operator shall offset emission

increases of allowable emissions at a ratio, for volatile organic compounds

or nitrogen oxides, of at least: 1.3 to 1 in may severe non-attaimaaent area

for ozone, and 1.2 to I in any serious non-attainment area for ozone.

Sec. 7. Section 22a-174-30(a) of the Regulations of Connecticut State Agencies is amended

as follows:

(a) Definitions.

For the purposes of this section:

(1.) "CARB" memas the State of California Air Resources Board.

(2) "CARB-certified fi!l adapter" means a specialized fitting on a stationary gasoline storage

tank that prevents the loosening or overtightening of the connecting line between an. entry port of

a gasoline fill pipe and the fill Iine from a gasoline delivery vehicle.

(3) "Dispensing facility" means any site where gasoline is transferred to motor vehicIes from

any stationary storage tm~k with a capacity of 250 gallons or more.

[4~ "Comorate or commercial fleets" means vehicles that are used for business_ up_g~oses and

are own_e_O_~2{ corporations,Novemments~ u__gniveraities or other org.anizations.

[(4)]~) ’~Gasoline" means any petroleum distillate or blend ofpetroleum distillate and alcohol

having a reid vapor pressure of four pounds per square inch or greater and used as a fuel for

internal combustion engines.

[(5)]~) "Major system modification" means, notwithstanding any definition in section 22a-174-

1 of the Regulations of Co~mecticut State Agencies:

(A) The repair or replacement of any stationary storage tank equipped with a Stage II

vapor recovery system;

(B) The repair or replacement of any part of an underground piping system attached

to a stationary storage tank equipped with a Stage I][ vapor reco~,’ery system.,

excluding the repair or replacement of any part of an underground piping system

that is accessible for such repair or replacement without excavation;
DRAFT

8

(c) The replacemant of a vapor balance Stage II vapor recovery system with a

vacnnm assist Stage II vapor recovery system; or

(D) The replacement of a vacuum assist Stage II vapor recovery system with a vapor

balance Stage II vapor recovery system.

[(6)].(_7~ "Owner or [Operator] o_Eerator" means any person who owns, leases, operates or

controls a dispensing facility subject to this section.

[(7)]~ ’°Reid vapor pressure" or "RVP" means the vapor pressure of a liquid in pounds per

square inch absolute at one hundred (100) degrees Fahrenheit as determined by American

Society for Testing and Materials (ASTM) method D5191 ~0 !.

[(8)].(.9~ "Stage I vapor recovery system" means a vapor recovery system that prevents the

discharge to the [atmoshphere] g~ of gasoline vapors while gasoline is transferred

between a delivery vehicle and a dispensing facility in accordance with the provisions of section

22a-174-20(a) of the Regulations of Connecticut State Agencies.

[(9)].(j__0_~ "Stage II vapor recovery system" or "system" means a vapor recovery system that

prevents the discharge to the atmosphere of at least ninety-five percent (95%) by weight of

gasoline vapors displaced during the dispensing of gasoline into a motor vehicle fuel tank.

[(10)]£_1_1_] "Throughput" means the number of gallons of gasoline delivered into motor vehicles

tha’ough all eqnipment at a dispensing facility over a specified period of time.

[(11)]~) °°Two-point Stage I vapor recovery system" means a stationm-y storage tank

possessing an entry port for a gasoline fill pipe and an exit port for a vapor connection that seals

when the vapor returll colmection is disconnected in a maa~ner that will prevent the discharge of

gasoline vapors to the [atmoshpere.] atmosphere.

[(12)]~ "Vacuum assist Stage II vapor recovery system" means a stage tI vapor recovery

system that uses a vaeuum-generating device to draw gasoline vapors from a motor vehicle’s

gasoline fuel tank during the dispensing pf gasoline into such tank.

See. 8. Subdivisim~s (6) and (7) o£ section 22a-174-30(b) of the Reg~lations of Connecticut

State Agencies are amended as follows:

(6) Any owner or operator of a dispensing facility [which is] not subject to subdivision (1),

(2), (3) or (4) of this subsection shall maintain at such dispensing facility records of monthly

tl~roughput which demonstrate such a dispensing facility is not subject to subdivision (1), (2), (3)

or (4) of this subsection. Such records shall be kept for five (5) years and shall be made

available for inspection by a representative of theartment or EPA] commissioner or

Administrator.

.~Z~ An owner or operator of a dis en~g facility that exclusively services rental, vehicles or

co~orate or colmercial fleets, where at least ~e_jkezcent (95%) of such vehicles or
9

DRAFT

fieets_..~e e_.c~ipzp_@_._with onboard ref~ vaRor recover~tem~2d submit to the

commissioner a written request [~or an exemEtion from the requirements of this section. An

exemlp$ion reNuest shalI demonst~2At_e and the 1Ke_parer shaI1 certif%_that at least 95% of the

vehicles f~aeled at the facility are e_qu~ed with onboard refueli~p_gI recovery_systems and

that a minimum of 95% onboar_d_vapor recovery~ystem use will be maintained.

Sec. 9. Subdivisions (1) and (2) of section 22a-t74-B0(c) of the Regulations of Connecticut

S~ate Agencies are amended as follows:

(I) No person shall install a Stage II vapor recovery system at a dispensing facility unless:

(A) Such system [is or has ever been tested and approved by CARB; or] has been

_adEproved by2

~) CAPdB~

Another state using testin~ methods approved by CARB, o~

The co~m:alssioner~ in writinK.

[(B) Such system is or has ever been tested and approved by another state using testing

methods approved by CARB; and

(C) Such system utilizes only coaxial hoses.]

(2) No person shall replace any part of a Stage II vapor recovery system with a new or rebuilt

part unless such new or rebuilt part is or has ever been approved for installation in such Stage II

vapor recovery system either by CARB~ [or] by another state using testing methods approved by

CARB [.] ,__o[ in writin~g~y_ the commissioner.

Sec. 10. Subdivision (2) of section 22a-174-30(e) of the Regulatim~s of Connecticut State

Agencies is amended as follows:

(2) [At least every five years and after November 15, 2004 every tI~ree years or upon major

system modification, whichever occurs first, an] An owner or operator of a dispensing facility

shall cow, duct performance testing to verify that the Stage II vapor recovery system is operating

properly. Such a performance test shall be conducted within three years of the date the previous

p~_ss~ test was conducted. If the owner or operator makes a makg!~_stem modificatiom a

peribn:aance test shall be conducted within_4~_!a3,s of the completion of such modification.

Such 12erformance testing shall include a leak check test and any and all other ful~ctional tests

that were required by subdivision (1)of this subsection?. [Minor excavation conducted solely for

the purpose of compIying with the requirements of subsections (c)(6) and (c)(7) shalI not, by

itself, trigger the requirement to test pursuant to this subdivision.]
10

DRAFT

See. ll. Seciioll 22a-174-30(e) of the RegulatioIts of Connecticut State Agencies is amended

by adding subdf~iSio~a (5), as follows:

~EW)

(5) Not more than ten business days after testing is conducted under subdivision (1) or (2) of

this subsection, the owner or operator of such dispensing facility shall ensure that a written report

of the results of such testing is submitted to the Department’s Bureau of Air Management,

Engineering an~! Enforcement Division. In addition to all test results produced in testing the

facility, such a report shall include:

(A) A list of all repairs made to the Stage II vapor recovery system to achieve proper

function; and

A certification signed by a responsible official of the entity that conducted the

testing, who shall certify" in writing as follows:

I have personally examined and am familiar with the information

submitted ii~ this report and all attachments thereto, and I.certify that based

on reasonable investigation, including my inquiry of those individuals

responsible for obtaining the information, the testing that is the subject of

this report was performed in accordance with the requirements of section

22a- 174-30 of the Regulations of Connecticut Agencies and the submitted

information is true, accurate and complete to the best of my knowledge

and belief. I understand that any false stateme~at made in the submitted

report may be punishable as a criminal offense under section 22a-175 of

the Comaecticut General Statutes, under section 53a-157b of the

Cormecticut General Statutes, and in accordance with any applicable

statute.

A test report submitted under this subdivision may be submitted via mail or courier, Facsimile or

via electronic mail.

Sec. 12. Section 22a-174-30(f) of the Regulations of Connecticut State Agencies is amended

by adding subdivision (5), as follows:

~EW)

(5) Aaay dispensing facility operating under an exemption pursuant to subdivision (7) of

subsection (b) of this section shall maintain the following records at the facility:

(A) Docmnentation of monthly throughput of gasoline at the facility, which shall

include dates and quantities of gasolin~ delivered and monthly records of the

quantity of gasoline dispensed; and

(B) Copies of manufacturers’ specifications clearly demonstrating that vehicles in the

fleet are equipped with onboard refueling vapor recovery systems.
DRAFT

II

Sec. 13. Subsection (g) of section 22a-174-36b of the Regulations of Connecticut State

Agencies is amended as follows:

(g) ’ Fleet Average Emissions Reporting Requirements.

(I) For the purposes of determining compliance with the requirements of subsections (c)(3)

and (e) of this section, comr~.encing with the 2008 model year, each manufacturer shall submit

a~mually to the Department, by March 1st of the calendar year succeeding the end of the mode!

year, a report which demonstrates that such manufacturer has met the fleet average emission,s

requiremen.ts for its fleet delivered for sale in Connecticut. Commencing with the 2009 model

year, such report shall include medium-duly vehicles.

(2) Prior to the commencement of each model year, commencing with the 2008 model year,

each manufacturer shall submit, to the Department, a projection of the fleet average emissions for

vehicles to be deIivered for sale in Connecticut during such model year. Cmrmaencing with the

2009 model year, such report shaI1 include medium-duty vehicles.

(3) Commencing with the 2009 model year, each manufacturer shall report the average

greenhouse gas emissions of its fleet delivered for sale in the State of Connecticut, using the

same format used to report such infmwnation to CARB. Iftho voltmt~-y com!)liance option

described i~a subsection~(A)~) of this section is used~ a manufacturer shai1 report separate data for

the multi-state.pool and the Cormecticut po~-tion. Such repm’t shall be filed with the

commissioner by March 1 ~t of the calendar yem- succeeding the end of the model yem and shalI

include the number of greenhouse gas vehicle test groups certified pursuant to subsection (m)(5)

of this section, delineated by model type, delivered for sale into the State of Comaecficut.

~3.) A manufacturer that elects to demonstrate complia~nce_pursuant to subsection, n(g)~_3_)_Q~

this section shall submit to the Department a copz of the official report demonstrating

.c_~liance with the national gLegnhouse as ro~rarn. The subm.it~ed report shall contain the

information and be in the iota-nat re{tuired in California Code of R~gg_lations Title 13~ section

1961.1.

See. 1.4. Subsec~.iou (n) of section 22a-174-36b of the Regulations of Connecticut State

Agencies is amended as follows:

(n) Greenhouse gas emission standards and related requirements.

.(!_) Each manufacturer subject to the greenhouse gas provisions of this section shall

demonstrate compliance with such provisions as required by, and in accordance with, Code of

Caiifornia Regulatio~s, Title 13, section 1961. !.

~2~ For all 2009 and subsequent model year velaicles, manufacturers ~ demonstrate

compliance based on the total number of assert er cars li ht-d~ty trucks and medium-duts~

~er vehicles certified to the California exhaust emission standards in California Code of

R__e~ulations Title i _3_,. section 1961.1~ which are j2roduced and delivered for sale in Com~ecticut~
12

DRAFT

Califomia,o and all other states that have adopted California’s greel~house asgKLe_~mission standards

pursuant to section 177 of the Clean Air Act. A manufacturer that fails to compj21 under the

t?rovisions of this subdivision shall be subiect to applicable penalties and shall be _r_e_q.uired to

corn ~2~1 with the g_reel:fftouseLzas standards pursuant to subdivision ~) of this subsection.

~1 For the 2012 tl:u-ough 2016 model ~ a manufacturer may elect to demonstrate "

compliance with the California exhaust emissions standards _by demonstratin~ compliance with

the national greenhouse ~as pro~ursuant to California Code of Re~ons, Title ! 3~

section 1961.1. A manufacturer with outstanding_gr~e~nhouse gas debits at the end of the 201 !

model 3~ear shall submit a plan to the Department describin~ how the debits will be offset

utilizing_credits earned under the national ~._se~gas.4_~KQgramo

See. 15. Table 36b-1 of section 22a-174-36b of the Regulations of Connecticut State

Agencies is amended as follows:

Table 36b-1

California Code of Regulations (CCR)

Title 13

Provisions Incorporated by Reference

Section

Title 13 CCR Title Amended Date

Chapter 1 Motor Vehicle Pollution Control Devices

Article 1 General Provisions

Section !900 ! Definitions [ 04/17/09

Article 2~Approval of Motor Vehicle Pollution Control Devices

(New Vehicles)

Section 1956.8(g) and Exhaust Emission Standards and Test 10/11/07

(h) Procedures - 1985 and Subsequent Model

Heavy Duty Engines and Vehicles

Section 1960. ! Exhaust Emission Standards and Test 03/26/04

Procedures - 1981 and through 2006 Model

Passenger Cars, Light-Duty and MediumDuty Vehicles

Section ! 96! Exhaust Emission Standards and Test 06/16/08

Procedures - 2004 and Subsequent Model

Passenger Cars, Light-Duty Tracks and

Medium-Duty Vehicles

Section 1961.1 Greenhouse Gas Exhaust Emission

Standards and Test Procedures - 2009 and

Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles.

Section 1962 Zero Emission Vehicle Standards for 2005

[0!/01/06]

03/29/10

04/17/09
DRAFT

13

Section 1962.1

Section 1965

~ection !968.1

Section 1968.2

~ection 1968.5

Section 1976

Section 1978

through 2008 Model Year Passenger Cars,

Light-Duty Trucks and Medium-Duty

Vehicles

Zero Emission Vehicle Standards for 2009

and Subsequent Model Year Passenger Cars,

Light-Duty Trucks, and Medium-Duty

Vehicles

Emission Control, Smog Index, and

Enviromnental Performance Labels- 1979

and Subsequent Model Year Vehicles

MalfunCtion and Diagnost.ic System

Requirements - 1994 and Subsequent Model

Year Passenger Cars, Light-Duty Trucks and

Medium-Duty Vehicles

Malfunction and Diagnostic System

Requirements - 2004 and Subsequent Model

Year Passenger Cars, Light-Duty Tracks and

Medium-Duty Vehicles

Enforcement of Malfunction and Diagnostic

System R4quirements for 2004 and

Subsequent Model Year Passenger Cars,

Light-Duty Trucks, and Medium-Duty

Vehicles and Engines

Staaadards and Test Procedures for Motor

Vehicle Fuel Evaporative Emissions

Standards mad Test Procedures for Vehicle

Refueling Emissions

Article 6 Emission Control System Warranly

04/17/09

)6/I6/08

1!/27/99

/09/07

11/09/07

01/04/08

Section 2035

Section 2036

Section 2037

Section 2038

Purpose, Applicability and Definitions

Defects Wmn-anty Requirements for 1979

th.rough 1989 Model Year Passenger Cars,

Light-Duty Trucks and Medium-Duty

Vehicles; 1979 and Subsequent Model Year

Motorcycles and Heavy-Duly Vehicles; and

Motor Vehicle Engines Used in Such

Vehicles.

)elects Warranty Requirements for 1990

and Subsequent Model Year Passenger Cars,

Light-Duty Trucks and Mediumq)uty

Vehicles and Motor Vehicle Engines Used in

Such Vehicles

Performance Wan:anty Requirements for

1990 and Subsequent Model Year Passenger

Cars, Light-Duty Trucks and Medium-Duty

Vehicles and Motor Vehicle Engines Used in

11/09/07

~/15/99

11/09/07

t 1/09/07
DRAFT

Section 2039

Section 2040

Section 2046

Se~ion 2062

Section 2101

Section 2109

Section 2110

Article

Section 2111

Section 2112

Section 2! t3

Section 2114

Section 2115

Section 2116

Section 2117

Section 2118

Section 2119

Section 2120

Section 2122

Section 2123

Such V-ehicles

Emission Control System Warranty 12/26/90

Statement.

Vehicte Owner Obligations 12/26/90

Defective Catalyst 1/16/79

Chapter 2 Enforcement of Vehicle Emission Standards

and Enforcement Testing.

Article 1 Assembly Line Testing..

Assembly-line Test Procedures 1998 and 11/27/99

Subsequent Model-years.

Article 2 Enforcement of New and In-use Vehicle Standards

Compliance Testing and Inspection - New 11/27/99

Vehicle Selection, Evaluation and

Enforcement Action.

New Vehicle Recall Provisions. 12/30/83

Remedial Action for Assembly-Line Quality ! 1/27/99

Audit Testing of Less than a Full Calendar

Quarter of Production Prior to the 2001

Model-Year.

2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls.

Applicability.

Definitions.

A.~_endix A to Article 2. I.

Ini~~~’Voluntary and

Influenced Recalls.

Voluntary and Influenced Recall Plans.

Eligibility for _Re~_ air.

R_~pair Label.

Proof of Correction Certificate.

Notification.

Record. keeping and Reporting

Requirements.

Other Requirements Not Waived.

Article 2.2

01/04/08

11/15/03

11/15/03

1/26/95

11/27/99

I126/95

i126195

1126195

1/26/95

I1127199

1/26/95

Procedures for In-Use Vehicle Ordered Recalls.

01/zl/08

1/26/95

-~-en£r~rovisions.

Initiation and Notification of Ordered

Emission-Related Recalls.

Availability of Public Hearing.

Ordered Recall Plan.

Approval and Implementation of Recall

Plan.

Notification of Owners.

Repair Label.

Section 2124 !/26/95

Section 2125 1/26/95

Section 2!26 1126/95

Section 2127 1/26/95

Section 2128 1/26/95

I4
DRAFT

Section 2129

Section 2!30

Section 2131

Section 2132

Section 2 ] 3 3

Section 213 5

Proof of Correction Certificate.

Ca ture Rates and Altenrative Measures.

Preliminary Tests.

Communication with. Rej2_air Personneh

Record keeping and Reporting

Re__q_uiements.

Extension of Time.

11/27/99

1/26/95

1/26/95

1/26/95

1/26/95

Article 2.3 In-Use Vehicle Enforcement Test Procedures.

Section 2136

Section 2137

Section 2138

Section 2 ! 39

Section 2140

General Provisions.

Vehicle Selection.

Restorative Maintenance.

’resting.

Notification of In-Use Results.

01/04108

12128/00

11/27199

8/21102

8/21102

Article 2.4 Procedures for Reporting Failure of Emission-Related Components.

Section 2!41

Section 2142

Section 2143

Section 2144

-~ection 2145

Section 2146

Section 2147

Genera1 Provisions. 01/04./08

-~ltemative Procedures. 2/23/90

Failure Levels Triggering Recall. ! 1/27/99

Emission Warranty Information Report. 11/27/99

Field Information Report. 11/27/99

Emissions Info~anation Report. 11/27/99

Demonstration of Compliance with 8/21/02

Emission Standards.

Section 2148 Evaluation of Need for Recall. 11/27/99

Section 2149 Notification of Subse@uent Action. 2/23/90

Article 5 Procedures for Reporting Failures of Emissim~-Related Equipment and

Required Corredi~,e Action

lection 2 ! 66 Generat Provisions 0 !/04/08

Section 2166.1 01/04/08

Section 2167 01/04/08

Section 2168 01/04/08

Section 2169 01/04/08

Section 2170 01/04/08

Section 2!71

Section 2172

Definitions.

Emission WaKanty Information Report.

Supplementa! Emissions Wan:anty

Information Report

~ecall and Co~yective Action for Failures of

gxhaust After-Treatment Devices.

Recall and Corrective Action for Other

Emission-Related Component Failures (OnBoard Diagnostic-Equipped Vehicles and

Engines).

RecalI and Corrective Action :[or Vehicles

without On-Board Diagnostic Systems,

Vehicles with Non-Compliant On-Board

Diagnostic Systems, or Vehicles with

Board Comp_uter Malfunction.

Notification of Required Recall or

Corrective Action by the Executive Officer.

01/04/08

01/04/08

15
DRAFT

Section 2172.1 0 i/04/08

Section 2172.2 01/04/08

Section 2172.3

Section 2172.4

Section 2172.5

Section 2172.6

Section 2172.7

S ection 2172.8

Section 2172.9

Section 2173

~ection 2174

Ordered Or VoInntary Corrective Action

Plan.

Approval and Implementation of Corrective

Action Plan.

Notification of Owners.

Repair Labe!.

Proof of Correction Certi.ficate.

Preliminary Tests.

Commnnication with Repair Personne!.

Recordkeeping and R_ eporting.

Extension of Time.

Penalties.

Availability of Public Hearing.

01/04/08

01/04/08

01/04/08

01/04/08

01/04/08

01/04/08

01/04/08

01/04/08

01/04/08

Chapter 4.4 Specifications for Fil! Pipes and Openings of Motor Vehicle Fuel Tanks.

Section 2235 [ Requirements. [ 9/17/91

See. 16. Section 22a-174-17 of the Regulations of Connecticut State Agencies is repealed.

Sec. 17. Section 22a-174-43 of the Regulations of Connecticut State Agencies is repealed.

Sec. 18. Section 22a-174-100 of tl~e Regulations of Connecticut State Agencies is repealed.

See. 19. Subdivisions (3) and (4) of subsection (c) of section 22a-174-26 of the Regulations

of Connecticut State Agencies are amended as follows:

(3) [There is no fee for any permit issued to a municipality or to an agency of the state or

political or administrative subdivision thereof under section 22a- I74-100 of the

Regulations of Cormecticut State Agencies.] Reserved.

(4) [There is no fee for any certificate required under section 22a-174-17 of the Regulations

of Connecticut State Agencies.] Reserved.

Statement of Purpose

q’his regulatory proposal is a series of changes to the Department of Energy and Environmental

Protection’s (DEEP’s) air quality programs that will fimction to reduce regulatory burdens on Connecticut

businesses and administrative burdens on DEEP, without interfering with DEEP’s progress towards

meeting its air quaI!ty goals.

This proposal has four components:

o The addition of fine particulate matter requirements into DEEP’s new source review permitting

program, to retain federal program approval;

The exemption from Stage II vapor controls for certain vehicle fleets;

~ Additional compliance options for vehicle manufacturers under DEEP’s low emission vehicle

program; and

~ The repeal of non-core air quality programs.
DRAFT

~’ine i~articulate ]YJ~atter (PlYL2.5) Criteria for Air Permits (Sections 1 throuffh 6)

DEEP is proposing to include the pollutant fine particulate matter~ or PM.~ ~, in DEEP’s new source

review (NSR) permit program. While the U.S. Environmental Protection Agency (EPA) first

promulgated a National Ambient Air Quality Standard for PMzs in I997, EPA allowed states to use the

pollutaa~t PM~0 as a surrogate for PM?.s in NSR pemaitting programs until certain techuical problems were

resolved and EPA issued guidance for the states. EPA has issued two relevant implementation rules and

bus required states to adopt the necessary requirements by July 20, 2012. The revisions help DEEP and

the regulated community to understand what new sources or modifications have the potential to impact

PM~5 levels and thus warrant additional permitting requirements.

The proposal also revises an unrelated portion of the NSR pe~nnit program to achieve consistency with

federal requirements in 40 CFR 51.165(a)(2). The revision links the applicability for preconstruction

review requirements in nonattainment areas to the pollutant for which the area is designated as

nonattainment. The difference between the state and federal requirements has caused considerable delay

i~a processing several NSR permits, so the han’nonization of the requirements is likely to streamline

certain f’ature applications.

Once adopted, these requirements wil! be submitted to EPA and will allow DEEP to retain ful! approval

of its NSR permitting program.

Exemption from Stale lI Vapor Controls (Sections 7 through 12)

DEP is proposing to allow rental, COl~orate or commercial vehicle fleets to seek an exenapfion from the

requirement to instal! vapor recovery systems at fleet gasoline dispensing stations. The criteria that must

be met to obtain an exemption ensure that the exemption will not interfere with the state’s air quality

goals yet will reduce financi!l burdens for environmental compliance at certain facilities. The

amendment also adds record keeping requirements to support the exemption and makes minor

corrections.

Ouboard refueling vapor recovery (ORVR) systems are installed in newer model year vehicles to collect

vapors that would otherwise be released when the gasoline tank is filled. These on-vehicle systems are

alternatives to the Stage II vapor recovery systems installed on gasoline pumps. Section 202(a)(6) of the

Clean Air Act (CAA) allows EPA to waive Stage II requirements for certain ozone nonattainment areas

when ORVR is in widespread use in a motor vehicle fleet. In l:wo guidance memorandums issued in 2006

and 2007, EPA identified dispensing facilities that exclusively serve rental vehicles or corporate or

commercial fleets as categories for which widespread use may occur earlier than for the motor vehicle

fleet as a whole, if95% of the fleet vehicles have ORVR installed. EPA has approved a similar

regulatory exemption in Rhode Island.

Comt~liance Flexibility in the Low Emission Vehicle ProgE~m~gctions 13 throu hgL~_5~

DEEP is proposing to increase the compliance flexibility available to vehicle manufacturers under

Connecticut’s low emission vehicle program, as follows:

~ The greenhouse gas standards are revised to allow for alternative compliance with the joint

federal EPA/National Highway Traf~c Safety Administration greenhouse gas (GHG) standards;

and

An additiona! voluntary compliance mechanism allows a manufacturer to demonstrate

compliance based on ~e total number of passenger cars, light-duty trucks, and medium-duty

passenger vehicles sold in all states that have adopted California’s vehicle GHG emissions

standards under CAA section 177, rather than the current fleet average requirements, which limit

averaging only to the state of Connecticut.
18

DRAFT

The proposed revisions are required under CAA section 177, which requires Connecticut’s low emission

vehicle program to maintain requirements identicaI to California’s program.

Repeal of Non-Core Programs (Sections 16 through 19)

DEEP recognizes the need to eliminate programs that are no longer necessary to DEEP’s core mission.

Accordingly, DEEP proposes to repeal the following three air management discretionary programs:

o Control of open burning;

* Portable fuel container spillage control; and

~ Permits for construction of indirect sources.

Staff resources freed by this amendment can be devoted to more immediate pe~wnitting a.nd enforcement

needs. In additio.n to the repeal of the three programs described below, the amendment proposes to revise

the Air Bureau’s general fee regulation to delete exemptions from fees provided for the open burning and

indirect source permit programs.

@en bz~rnb~ I~a a series of public acts in 1996, 1999 and 2000, the Connecticut General Assembly

developed an open burning program via statute, CGS section 22a-174(f), which allows DEEP’s

commissioner, along with local officials, to enforce open bur-ning requirements. This statutory

program is self-implementing, comprehensive and supersedes DEEP’s authority under RCSA section

22a-174-17, an open burning regulation developed in 1983. The contim~ed existence of RCSA

section 22a-174-17 serves only to confuse and is therefore proposed for repeal.

Portable fuel containers. In 2007, EPA promulgated national evaporative emissions standards for

portable fuel containers (aka gas cans), which apply to containers manufactured on and af"~er January

1, 2009. These federal standards are as protective of air quality as DEEP’s portable fue! container

spillage control requirements (RCSA section 22a-174-43), which DEEP adopted in 2004 as part of a

regional initiative. To eliminate the redundant regulatory requirements, DEEP is proposing to repeal

the Connecticut regulation, leaving manufacturers to comply with EPA’s national standards. This

approach will allow Connecticut to retain expected air quality benefits, while saving enforcement and

administrative resources.

Indirect source permits. DEEP is proposing to repeal the indirect source permit (ISP) program of

RCSA section 22a-174-100. The ISP program requires the Connecticut Department of Transportation

(DOT) to obtain an ISP permit from DEEP before beginning certain state highway construction

projects. DEEP recognizes that many of the ISP program elements are duplicated in the

transportation conformity process, the National Environmental Protection Act and!or the Connecticut

Enviromnental Policy Act. Hence, the !SP program is no !onger programmatica!ly necessary for

Connecticut. DEEP is developing a joint Memorandum of.Agreement with DOT to ensure that, with

the repeal of RCSA section 22a-174-! 00, the limited air quality benefits of the ISP program,

especially with respect to emissions from construction equipment, co.ntinue in a more efficient,

streamlined and less costly manner.
Attachment: 3

F~na~ %ext of the Proposal, Based on Recomme~dations in the

Hearing Officer’s Report
Post-Hearing Draf$

Sectior~ 1. Definitim~ (60) of sectior~ 22a-174-1 of" the Regulatim~s of Com, ecticut State

Agencies ~s ame~deu s follows: ~

(60) "Major source basehne date mem~s Ianu ry 6, t975 for particulate matter and sulfur

dioxidel [and] February 8, 1988 for nitroge~ dioxidekand October 20 2010 for PM_2._Ss.

Sec. 2. Table 3a(i)-I of section 22a-174-3a(i) of tl~e Regulations of Com~ecticut State

Agencies is amended as follows:

Table 3a(i)-t Ambient Impact

lAIR POLLrOTANT AMBIENT IMPACT

PM~o

Ammal average

24-hour average

Sulfur Dioxide

Armual average

24-hour average

3-hour average

Carbon Monoxide

8-hour average

1-hour average

Nitrogen Dioxide

Armual average

Dioxin

Annual average (as calcuIated according

to Section 22a-174-1(29) of the

Regulations of Connecticut State

Agencies)

(Polychlorodibenzodioxins (PCDDs))

(Polychlorodibe~zo f’arans (PCDFs))

Lead (Pb)

Tlzree (3) month average

I

5

1

5

25

5OO

2000

1

(Notwithstanding above units)

0.1 picograms/m~

0.3]
Post-Hearing Draft

2

AIR POLLUTANT

Annual averag_e

~4-hour avera2~

PM~0

Annual averag~

24-hour averagg

Sulfur Dioxide

A1mual averag~

24-hour aver a5~.

3-hour avera2:~e_

Carbon Monoxide

8-hour aver a2~

1-hour average

NLhogen Dioxide

Armual average

Dioxin

Annual av_era~(as calculated according

to Section 22a- 174-1 ~f the

~ulations of Connecticut State

P~o~ychlorodibenzo dioxin~

(Polychlorodibenzo furans (PCDFs))..

Thxee 3(~)_mon~ averag~

AMBIENT ~[MPACT

L]V.[ICROGRAMS PER CUBIC METER)

!

5_

5o~o

2000

1

0",lotwithst anding_abo ve units]

0. LD~ams/m’

See. 3. Table 3a(k)-I of section 22a-174-3a(k) of the Regulations of Connecticut State

Agencies is amended as follows:

Table 3a(k)-I Significant Emission Rate Thresholds

[AIR POLLUTANT

Carbon Monoxide

Nitrogen Oxides (as an ozone precursor)

Nitrogen Oxides (NOx National Ambient Air

Quality Standard)

Sulfur Dioxide

Particulate Mat’~er

PM~0

Volatile Organic Co_re_pounds

Hydrogen Sulfide (H2S)_

Total Reduced Sulfur (including H2S)

Reduced Sulfur Compounds (including

Sulfuric Acid Mist

100

25

4O

40

25

15

25

10

10

10

7

EMISSION LEVELS

(TONS PER YEAR)
Pos~qqearin~ Draft

Fluorides

Lead

Municipal Waste Cornbustor Organics

(measured as total tetra-through octachlorinated

dibenzoj>dioxins and dibeuzofurans)

-~ni~ipal Waste Combustor Metals

(Mea~icuIate ma~er)

Municipal Waste ~id Gases

(Measured as sulfur dioxide and hydrogen

cbloride)

3

0.6

0.1

3.5 x 104

15

40]

AIR POLLUTANT EMISSION LEVELS

tTON’S PER YEAR)

Carbon Monoxide

~~ecursor)

_Nila’ogen Oxides (as a PM2.s precursor)

~eu Oxides (NOx National Ambient Air

_~.ualit¥_S tandard_l

Sulfur Dioxide (as a PM2.s precursor)

Sulfur Dioxide (S~O2_National Ambient Air

i00

2~

4__O

4~0

4_0_

Q_~uality_Standard)

Particula~te Matter

PM2._ 5

PM~0

Vol_~__atile Organic Compounds

H__ydrog_en Sulfide (H2S)

-:~-~t_~al~Reduced Sulfur (including H_.H~)

25

R. educe, d Sulfur Compounds (including

S~_ulfuric Acid Mist

Fluorides

Lead

Mercury

~al Waste Combustor ~anics

[g)easured as total tetra- through octachlorinated

dibenzo-p-dioxins and dibenzofurans)

Municipa~l Waste Combustor Metals

~_M.~asured as particulate matter)

Municip~al Waste Combustor Acid Gases

~.Measured as sulfur dioxide and hyd~e_n

10

3.5 x 10~
Post-Hearing Draft

Sec. 4. Table 3a(k)-2 of section 22a-174-3a(k) of the Regulations of Connecticut State

Agencies is amended as follows:

Table 3a(k)-2 Maximum Allowable ]Increase above Baseline Concentration

~[AIr~ POLLUTANT PSD INC~,~ME~T (ug/m0

Particulate Matter, as PMt0

Annual Arithmetic Mean 17

24-Hour Average 30

Sulfar Dioxide

Annual Arithmetic Mean 20

24-Hour Average 91

3 -Hour Average 512

Nitrogen Dioxide

Annual Arithmetic Mean 25]

AIR POLLUTANT PSD INCREMENT~

PMz5

Armual Arittmaetic Mean

24-Hour Average

Particulate Matter, as PM10

Annual Arithmetic Mean

24-Hour Averag~

Sulfur Dioxide

A~nual Arithmetic Mean

24-Hour Averag_e

3-Hour Averag~

~N~ Dioxide

Amaual Arithmetic Mean

4

Sec 5. Section 22a-174-3a(/)(1) of the Regulations of Connecticut State Agencies is

amended as follows:

(1) Applicability. In accordance with subsection (a) of this section, the provisions of this

subsection, shall apply to the owner or operator of/[any new major stationary source or major

modification which:]

(A) [Is or will be a] ~ new major stationary source that: [or major modification for

any nonat~ainment air pollutant if such source is located in a non-attainment area

for such air pollutant; or]

Is or will be constructed in a desiy~nated nonattainment area" a~a~d_nd
Post.-Hearing Draft

Is or will be major for the pollutant for which the area is designa~tg, d_

nonattairmrent;

(B) [Is located in an attaimnent area or unclassifiable area, but the allowable

emissions of may air pollutant would cause or exacerbate a violation of a National

Ambient Air Quality Standard in an adjacent non-attaimnent area. Allowable

emissions of any such air poIlutant will be deemed not to cause or contribute to a

violation of a National Ambient Air Quality Standard provided that such

emissions result in impacts that are less than levels set forth in Table 3a(i)-1 in

subsection (i) of this section.] _A_n ~" modification that:

Occurs at a source that is ma_iir for the 9ollutant for which the area is

de_~,.sjNn ated nonaV~ainmentl~nd

Is or will be maj~ for the pollutant for which the area is desiggate__d

nonattaimnent; or

~ new maior stationary source or major modification that is located in an

atlainment area or unclassifiable area, but the al!owable emissions of anKair

Rollutant would cause or exacerbate a violation of a National Ambient Air ~

Standard in an adjacent nonattaimnent area. Allowable emissions of any such air

pollutant will be deemed not to cause or contribute to a violation of a National

Ambient Air__Q~alif¥ Standard provided that such emissions result in imt~acts that

are less than levels set forth in Table 3ai~ in subsection (i) of this section.

Sec 6. Sectiou 22a-174-3a(!)(4) of the Regulations of Connecticut State Agencies is

amended as follows:

(4) Offsetting emission reductions or Emission Reduction Credits.

(A) Except as provided Jn subdivision (8)(B) of this subsection, prior to commencing

operation pursuant to a permit issued under this section, the owner or operator of

the subject source or modification shall:

(i) reduce actual emissions from other stationary sources on such premises,

sufficient to offset the allowable emissions increase for each individual

non-attaimment air pollutant which is the subject of the application, or

(ii) obtain certified emission reduction credits in accordance with subdivision

(5) of this subsection, which credits are sufficient to offset the allowabIe

emissions increase for each individual nonattaimnent air pollutant; and

(B) The commissioner shall not grant a permit to an owner or operator of the subject

source or modification unless the owner or operator demonstrates that intema!

offset or certified emission reduction credits pursuant to subparagraph (A) of this

subdivision:
Post-Hearing Draft

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

have occurred preceding the submission of such application and prior to

the date that the subject source or modification becomes operational and

begins to ernit any air pollutant. The commissioner may consider a time

period beginning no earlier than November 15, 1990,

m’e not otherwise required by any of the following: the Act; a federally

enforceable permit or order; the State Implementation Plan; or the

regulations or statutes in effect when such application is fiied,

will be incorporated into a permit or order of the commissioner and would

be federally enforceable,

will create a net air quality benefit in conjunction with the proposed

emissions increase. In detmmaining whether such a net air quality benefit

would be created, the commissioner may consider emissions on an hourly,

daily, seasonal or annual basis. For carbon monoxide or particulate mavter

(total suspended particulate P,j~M_M.2..~_ and PM~0), the net air quality benefits

shall be determined by the use of atmospheric modeling procedures

approved by the commissioner and the Administrator in writing. Upon the

request of the commissioner, the owner or operator shall make and submit

to the commissioner, a net air quality benefit detenMnation for each air

pollutant. Such determination shall include, but not be limited to, all

increases and decreases of emissions from stationary sources at any

premises providing the offsetting emission reductions,

shall be based on the pounds per hour of potential emissions increase from

the subject source or modification. The commissioner may consider other

more representative periods, including, but not limited to, tons per year or

pounds per day,

are identified in an emissions inventory maintained by the cormnissioner

or otherwise approved in writing by the commissioner,

are of the same non-attainment air pollutant of which the owner or

operator proposes to increase. Reductions of any exempt volatile organic

compound [listed in Table 1-3 of section 22a- 174-1 of the Regulations of

Connecticut State Agencies or those] listed in 40 CFR 51.100 shall not be

used to offset proposed increases emissions of non-exempt volatile

organic compounds,

occurred at either: one or more stationary sources in the same

nonattainment area or stationary sources in another non-attainment area if,

pursuant to the Act, such area has an equal or higher nonattainment

classification than the area in which the proposed activity would take

place, and if emissions from such other nonattainment area contribute to a
Post-Healqng Draft

violation of a National Ambient Air Quality Standard in the nonattaim"nent area in which the proposed activity would take place,

(ix) for the applicable non-attaimnent air pollntant, shalI be from reductions in

actual emissions, and

(×) offset actual, emissions at a ratio greater than one to one, as determined by

the commissioner. In addition, the owner or operator shall offset emission

increases of allowable emissions at a ratio, for volatile organic compounds

or nitrogen oxides, of at least: 1.B to 1 in any severe non-attaimnent area

for ozone, and 1.2 to 1 in any serious non-attainment area for ozone.

Sec. 7. Section 22a-174-30(a) of the Regulations of Connecticut State Agencies is amended

as follows:

(a) Definitions.

For the purposes of this section:

(1) "CARB" means the State of California Air Resources Board.

(2) "CAIZB-certified fi!l adapter" means a specialized fitting on a stationary gasoline storage

tank that prevents’the loosening or overtigbtening of the cmmecting line between an entry port of

a gasoline fill pipe and the fill line from a gasoline delivery vehicle.

(3) "Dispensing facility" means any site where gasoline is transferred to motor vehicles from

any station.ary storage tank with a capacity of 250 gallons or more.

4(3J "Corporate or cormnercial fleet" means vehicles that are used for business up~oses and

are owne_d~~aovermnent university_or another organization.

[(4)] 5~! "Gasoline" means any petroleum distillate or blend of petroleum distillate and alcohol

having a reid vapor pressure of four pounds per square inch or greater aud used as a fuel for

internal combustion engines.

[(5)]~) "Major system modification" means, notwithstanding any definition in section 22a-174-

I of the Regulations of Connecticut State Agencies:

(A) The repair or replacement of any stationary storage tank equipped, with a Stage II

vapor recovery system;

(B) The repair or replacement of any part of an underground piping system attached

to a stationary storage tank equipped with a Stage II vapor recovery system,

excluding the repair or replacement of any part of an underground piping system

that is accessible for such repair or replacement without excavation;
Post-Hearing Draft

(C) The replacement of a vapor balance Stage II vapor recovery system ~vith a

vacuum assist Stage II vapor recovery system; or

8

The replacement of a vacutma assist Stage II vapor recovery system with a vapor

baIance Stage II vapor recovery system.

[(6)].(~) "Owner or [Operator] .operator" means any person who owns, leases, operates or

controls a dispensing facility subject to this section.

[(7)]G) "Reid vapor pressure" or "RVP" means the vapor pressure of a liquid in pounds per

square inch absolute at one hundred (100) degrees Fahrenheit as determined by American

Society for Testing and Materials (ASTM) method D519!-01.

[(8)]~ "Stage I vapor recovery system" means a vapor recovery system that prevents the

discharge to the [atmoshph.ere] at~re of gasoline vapors while gasoline is transferred

between a delivery vehicle and a dispensing facility in accordance with the provisions of section

22a-174-20(a) of the Regulations of Connecticut State Agencies.

[(9)]~ "Stage II vapor recovery system" or "system" means a vapor recovery system that

prevents the discharge to the atmosphere of at least ninety-five percent (95%) by weight of

gasoline vapors displaced during the dispensing of gasoline into a motor vehicle fuel tank.

[(10)] 1G~) "Throughput" means the number of gallons of gasoline delivered into motor vehicles

through all equipment at a dispensing facility over a specified period of time.

[(11)].(_1.2) "Two-point Stage I vapor recovery system" means a stationary storage tank

possessing an entry port for a gasoline fi!i pipe and an exit port for a vapor cormection that seals

when the vapor return connection is disconnected in a manner that will prevent the discharge of

gasoline vapors to the [atmoshpere.] atmosphere.

[(12)]~3~) "Vacuum assist Stage ii vapor recovery system" means a stage II vapor recovery

system that uses a vacuum-generating device to draw gasoline vapors from a motor vehicle’s

gasoline fuel tank during the dispensing of gasoline into such tank.

Sec. 8. Subdivisions (6) and (7) of section 22a-174-30(b) of the Regulations of Connecticut

State Agencies are amended as follows:

(6) Any owner or operator of a dispensing facility [which is] not subject to subdivision (1),

(2), (3) or (4) of this subsection shall maintain at such dispensing facility records of monthly

~hroughput which demonstrate such a dispensing facility is not subject to subdivision (1), (2), (3)

or (4) of this subsection. Such records shall be kept for five (5) years and shall be made

available for inspection by a representative of the [Department or EPA] commissioner or

Administrator.

~) An ov, aaer or operator of a dis ep~en~sj_ng_fa~c_ilit__Y that exclusively se~wices rental vehicles or

_c_o_~orate or commercial fleets~_w.here at_ least ninety-five_p~rcen~such vehicles or
Post--Hearing Draft

fleets are e uq_m_pl~_ed with onboard re_f~elin~ va~r recover~_s_ sy_~_m~Y subm}t to the

commissioner a written request for al~. exemption fl’om th~.aj~o~g!~ont~_9_~uirements of

tKis section. Aa~ exem~tim~ request shall demonstrate, and the~Ie_p~_rer shall celiif75~l~at at least

95% of the vehicles f~aeled at the facilit¥~ e_p!~sd with onboard re_fueli!’~KXgl~or recoverx

s_y.stems and that a minimum of 95% oxCboard refuelin vg_vApor recov_er~3~stem use will be

maintained.

Sec. 9. Subdivisions (1) and (2) of section 22a-174-30(c) of the Regulations of Connecticut

S~ate Agencies are amended as follows:

(1) No person shall install a Stage II vapor recovery system at a dispensing facility unless[:

(A) Such system is or has ever been tested and approved by CARB; or

(B) Such system is or has ever been tested and approved by another state using testing

methods approved by CARB; and

(C) Such system utilizes only coaxial hoses.]

such system has been a.pj2roved by."

B~) A~aother state using~ methods app_!:oved__~=9~or

The commissioner and the Administrator, in writin~g.~.

(2) No person shall replace any part of a Stage II vapor recovery system with a new or rebuilt

part unless such new or rebuilt part is or has ever been approved for installation, in such Stage II

vapor recovery system either by CARB~ [or] by another state using testing methods approved by

CAP_B[.], or in writing~,v the commissioner mad the Administrator.

See. 10. Subdivision (2) of section 22a-174-30(e) of the Regulations of Connecticut State

Agencies is amended as follows:

(2) [At least every five years and after November ! 5, 2004 every three years or upon major

system modification,’whichever occurs first, an] A__n owner or operator of a dispensing facility

shall conduct performance testing to verify" that the Stage II vapor recovery system is operating

properly. Such a performance test shall be conducted within three years of the date the l?gevious

passing test was conducted. If the owner or ogperator makes a major~57s stem modification,__a

perfolTnance test shall be conducted within 45 d__ays of the completion of such modification.

Such p_erfo,anance testing shall include a leak check test and any and all other f=nctiona! tests

that were required by subdivision (1) of this subsection. [Minor excavation conducted solely for

the pro-pose of complying with the requirements of subsections (c)(6) and (c)(7) shall not, by

itself, trigger the requirement to test pursuant to this subdivision.]
Post-Hearing Draft

lO

Sec. 11. Section 22a-174-30(e) of the Regulations of Connecticut State Agencies is amended

by adding subdivision (5), as follows:

(NEW)

(5) Not more than ten business days after testing is conducted under subdivision (1) or (2) of

this subsection, the owner or operator of such dispensing facility shall ensure that a written report

of the results of such testing is submitted to the Department’s Bureau of Air Management,

Engineering and Enforcement Division. Such a written report may be submffted via mat!,

courier or electronic mail. In addition to all test results produced in testing the facility, such a

report shall include:

A list of a!l repairs made to the Stage II vapor recovery system to achieve proper

function; and

(B) A certification signed by a responsible official of the entity that conducted the

testing, who shall certify in writing as follows:

I have personally examined and am familiar with the information

submitted in this report and all attachments thereto, and I certify that based

on reasonable investigation, including my inquiry of those individuals

responsible for obtaining the information, the testing that is the sul2iect of

this report was performed in accordance with the requirements of section

22a-174-30 of the Regulations of Connecticut Agencies and the submitted

information is true, accurate and complete to the best of my knowledge

and belief_ I understand that any false statement made in the submitted

report may be punishable as a criminal offense under section 22a-175 of

the Cmmecficut General Statutes, under section 53 a-157b of the

Connecticut General Statutes, and in accordance with any applicable

statute.

Sec. 12. Section 22a-174-30(f) of the Regulations of Connecticut State Agencies is amended

by adding subdivision (5), as follows:

(5) Any dispensing facility operating under an exemption pursuant to subdivision (7) of

subsection (b) of this section shall maintain the following records at the facility:

(A) Documentation of monthly throughput of ggsoline at the facility, which shall

include dates mad quantie}es 0t’~aSoIi~;"~{~i~f~d’af~d monthly records of the

quantity of gasoline dispensed; and

(B) Copies of mannfacmrers’ specifications clearly demonstrating that vehicles in the

fleet are equipped with onboard refueling vapor recovery systems.
Post-Hearing Draft

Sec. 1.3. Subsection (g) of section 22a-!’74-36b of the Regulatio*~s of Connecticut State

Agencies is amended as follows:

lI

(g) ]~eet Average Emissions Reporting Requirements.

(1) For the purposes of determining compliance with the requirements of subsections (c)(3)

and (e) of this sectio~, commencing with the 2008 model year, each manufacturer shall submit

alnnually to the Department, by March 1st of th.e calendar year succeeding the end of the model

year, a report which demonstrates that sucla mmaufacturer has met the fleet average emissions

requirements for its fleet delivered for sale in Cormecticut. Con~nencing with the 2009 modeI

year, such report shall include medium-duty vehicles.

(2) Prior to the comrnencement of each model year, commencing with the 2008 model year,

each. manufacturer shalI submit, to the Department, a projection of the fleet average emissions for

vehicles to be delivered for sale in Connecticut during such model year. Commencing with the

2009 model year, such report shall include medium-duty vehicles.

(3) Commencing with the 2009 model year, each manufacturer shall report the average

greenhouse gas emissions of its fleet delivered for sale in the State of Connecticut, using the

same foz~taat used to report such information to CARB. If the v~co_9~)limace ~ption

described iz~ sub_section n(A)~ of this section is used, a manufacturer shall ~arate data for

the multi-state pool mad tlae Connecticut l~ortion. Such repot[ shall be flied with the

commissioner by March 1st of the calendar year succeeding the end of the model year and shall

include the number of greenhouse gas vehicle test groups certified pursuant to subsection (m)(5)

of this section, delineated by model type, delivered for sale into the State of Cormecticnt.

~ A manufacturer that elects to demonstrate com~ursuant to subsection ~

this sectior~ shall submit to the Department a copy of the official re~ort demonstratin~z

compliance with the national greenho~am. The submitted reportshall contain the

infm~aation and be in the fo~a:aat required in California Code of Regulations, Title 13~ section

!961.!.

Sec. 14. Subsection (u) of section 22a-174-36b of the Regulations of Connecticut State

Agencies is amended as follows:

(n) Greenhouse gas emission standards and related requirements.

Each manufacturer subject to the greerdaouse gas provisions of this section shall

demonstrate compliance with such provisions as required by, and in accordance with, Code of

California Regulations, Title 13, section. 1961. !.

.(2_) For all 2009 and subsequent model year vehicles., manufacturers may demonstrate

comj~liance based on the total number of pass_~_u~ and medium-duty

~er vehicles certified to tbe California exhaust emission standards in California Code of

~ulations, Title 13~_s_ection 1.9_6_.1.1~ which are produced and delivered .for sale in Connecticut~

California~ and all other states that have adol~ted California’s %eenhouse gas emission standards
Post-Hearing Draft

pursuant to section 177 of the Clean Air Act. A manufacturer that fails to compj21 under the

ps_ovisions of this subdivision shall be sub~Rplicable penalties and shall be required to

~ with the g!:eenhouse~gg_s_ stmadards .pursuant to subdivision ~2) of this subsection.

12

~3~ For the 2012 through 2016 model years, a manufacturer may_ elect to demonstrate

compliance with the California exhaust emissions standards by demonstratin cg~_Q!_:a29Iiance with

the national rg~e~house ag~_psg~ram pursuant to California Code of Regulations, Title ~

section 196 i. 1. A manufacturer with outstanding2&eerdaouse ~as debits at the end of the 2011

model year shall submit a plan to the Department describing_how the debits will be offset

utilizing credits earued under the national 2~reer~house asg_a_LpsRgramSec. 15. Table 36b-1 of section 22a-174-36b of the Regulations of Connecticut State

Agencies is amended as follows:

Table 36b-1

California Code of Regulations (CCR)

Title 13

Provisions Incorporated by Reference

Section

Title 13 CCR Title Amended Date

Chapter I Motor Vehicle Pollution Control Devices

Article I General Provisions

;ection 1900 ] Definitions 104/17/09

]Article 2 Approval of Motor Vehicle Pollution Control Devices

(New Vehicles)]

Section 1956.8(g) and Exhaust Emission Standards and Test 10/11/07

(h) Procedures - 1985 and Subsequent Model

Heavy Duty Engines and Vehicles

Section 1960.1 Exhaust Emission Standards and Test 03/26/04

Procedures - 1981 and through 2006 Model

Passenger Cars, Light-Duty and MediumDuty Vehicles

Section 1961 Exhaust Emission Standards and Test 06/16/08

?rocedures - 2004 and Subsequent Model

Passenger Cars, Light-Duty Trucks aud

Medium-Duty Vehicles

Section 1961. ! Greenhouse Gas Exhaust Emission

Standards and Test Procedures - 2009 and

Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles.

Section 1962 Zero Emission Vehicle Standards for 2005

through_ 2008 Model Year Passenger Cars,

[01/01/06]

04/01/10

04/17/09
Post-lqearin~ Draft

t3

Light-Duty Trucks and Medium-Duty

Vehicles

Section 1962.1 -~,~7~ Emission Vehicle Standards for 2009 04/17/09

and Subsequent Model Year Passenger Cars,

Light-Duty Trucks, and Medium-Duty

Vehicles

Section 1965 06/16/08

-~ection t 96g. 1 1 t127/99

Section !968.2 11109107

Section 196g.5 11109/07

Section 1976

Section ! 978

Emission Control, Smog Index, and

Environmental Performance Labels - 1979

and Subsequent Model Year Vehicles

Malfunction and Diagnostic System

Requirements - 1994 and Subsequent Model

Year Passenger Cars, Light-Duty Trucks and

medium-Duty Vehicles

Malfunction and Diagnostic System

Requirements - 2004 and Subsequent Model

Year Passenger Cars, Light-Duty Trucks and

Medium-Duty Vehicles

-~nforcement of Malfunction and Diagnostic

System Requiremenis for 2004 and

Subsequent Model Year Passenger Cars,

Light-Duty Trucks, and Medium-Duty

Vehicles and Engines

Standards and Test Procedures for Motor

Vehicle Fuel Eva_~porative Emissions

Standards and Test Procedures for Vehicle

Refueling Emissions

Article 6 Emission Control System Warranty

01/04/08

01104108

Section 2035

Section 2036

Section 2037

-’~ection 2038

p_.2u._~os~e, A~ro~icability and Definitions

Defects Warranty Requirements for 1979

thi’ough ! 989 Model Year Passenger Cars,

Light-Duty Trucks and Medium-Duty

Vehicles; 1979 and Subsequent Model Year

Motorcycles and Heavy-Duty Vehicles; and

Motor Vehicle Engines Used in Such

Vehicles.

Defects Warranty Requirements for 1990

and Subsequent Model Year Passenger Cars,

Light-Duty Trucks and Medium-Duty

Vehicles and Motor Vehicle Engines Used in

Such Vehicles

Performance Warranty Requirements for

1990 and Subsequent Model Year Passenger

Cars, Light-Duty Trucks and Medium-Duty

Vehicles and Motor VehicIe Engines Used in

Such Vehicles

11/09/07

5/15/99

11/09/07

11/09/07
Post-Hearing Draft

Section 2039

Section 2040

Section 2046

Section 2062

Section 2101

Section 2 !09

Section 2! 10

Emission Control System Warranty 12~26/90

Statement.

Vehicle Owner Obligations 12/26/90

Defective Catalyst 1/16/79

Chapter 2 Enforcement of Vehicle Emission Standards

and Enforcement Testing.

Article ! Assembly_ Line Testing.

~Su~u Assenqbly-line Test Procedures 1998 and 11/27/99

ent Model-years.

Article 2 Enforcement of New and In-use Vehicle Standards

Compliance Testing and Inspection - New I 1/27/99

Vehicle Selection, Evaluation and

El~forcement Action.

New Vehicle Recall Provisions. 12/30/83

Remedial Action for Assembly-Line Quality 11/27/99

Audit Testing of Less than a Full Calendar

Quarter of Production Prior to the 2001

Model-Year.

Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls.

Section 2111

Section 2112

Section 2113

Section 2114

Section 2! 15

Section 2116

Section 2117

Section 2118

Section 2I 19

Section 2120

Applicability.

Definitions.

Appendix A to ,~ticle 2. !.

Initiation and Approval of Voluntary and

Influenced Recalls.

Voluntary and Influenced Recall Plans.

~Eligibility for Repair.

Repair Label.

Proof of Con’ection CertificaIe.

Notification.

Record keeping and Reporting

_~ments.

Other Re_quirements Not Waived. 1/26/95

Article 2.2 Procedures for In-Use Vehicle Ordered Recalls.

01/04/08

11/15/03

11/15/03

1/26/95

11/27199

!/26/95

1/26/95

1/26/95

1/26/95

11/27/99

Section 2122 01/4/08

Section 2123 1126/95

1126195

1/26/95

1/26/95

1/26/95

1/26/95

1/26/95

Section 2124

Section 2125

Section 2126

Section 2127

Section 2128

Section 2129

General Provisions.

Initiation and Notification of Ordered

Emission-Related Recalls.

Availability of Public Hearing.

Ordered Recall Plan.

Approval and Implementation of Recall

Plan.

Notification of Owners.

_Repair Label.

Proof of Correction Certificate.
Postq.-tea ring Draf~

Section 2130

Section 2131

~ection 2132

Section 2133

-Section 2135

_--C_2!l~t.ure~R_{~tes an_d Altemative Measures.

-Preliminary Tests.

Communication with Rep_air Personnel.

~k~ping and Repotting

Requirements.

Extension of Time:

11127199

1/26195

1126/95

1/26/95

11~/26195

Article 2.3 In-Use Vehicle Enforcement Test Procedures.

Section 2136

Section 2137

Section 2138

Section 2139

Section 2140

General Provisions.

Vehicle Selection.

--Restorative Maintenance.

_Testin_~g.

Notification of In-Use Results.

01/04/08

12/28/00

11/27/99

-8/21/02

~)21/02

Article 2.4 Procedures for Reporting Failure of Emission-Related Components.

-~ection 2141

Section 2 ! 42

Section 2143

Section 2144

Section 2145

-~ection 2146

Section 2147

Section 2148

S ection 2149

Article 5

Section 2166

-~ection 2166.1

Section 2167

Section 2 !68

Section 2169

"~ection 2 ! 70

Section 2!71

Section 2172

Section 2172.1

General Provisions. 01104/08

Altm~ative Procedures. 2/23/90

Failure Levels Triggerin__~g Recall. 11/27/99

Emission Wan:anty Information Report. 11/27/99

Field Information Repurt 11/27/99

Emissions Information Report 11/27/99

Demonstration of Compliance with. 8/21/02

Emission Standards.

Evaluation of Need for Recall. 11/27/99

Not~ification of Subsequent Action_ 2/23/90

Procedures for Reporting Failures of Emission-Related Equipment and

Required Corrective Action

-~enera! Provision~

Definitions.

-~mission Warranty Information Report.

Supplemental Emissions Warranty

Information Report.

"~Re~all and Corrective Action for Failures of

Exhaust Attar-Treatment Devices.

Recall and Corrective Action for Other

Emission-Related Component Failures (On.-

Board Diagnostic-Equipped Vehicles and

Engines)_.

Recall and Corrective Action for Vehicles

without On-Board Diagnostic Systems,

Vehicles with Non-Compliant On-Board

Diagnostic Systems, or Vehicles with

Board Com~uter Malfunction.

Notification of Required RecalI or

Corrective Action by the Executive Officer.

Ordered or Voluntary Cm:rective Action

01/04/08

01/04/08

01/04/08

-61104/08

01/04/08

01/04/08

01/04108

01/04/08

01/04/08

I5
Post~Hearing Draft

t6

Plan.

Section 2172.2 Approval and Implementation of Corrective01/04/08

Action Plan.

Section 2 !72.3 N--~tification of Owners. 01/04/08

Section 2172-4 ~air Label. 01/04/08

Section 2172.5 Proof of Correction Certificate. 01/04/08

Section 2172.6 Preliminary Tests. 01/04/08

Section 2172.7 Communication with Rej?air Persormet. 01/04/08

Section 2172.8 Recordkeeping and Reporting. 01/04/08

Section 2172.9 Extension of Time, 0~)04/08

Section 2173 Penalties. 01/04/08

Section 2174 Availability of Public HearinK. __

01/04/08

Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks.

Section 2235 ~ Requiremants. I 9/17/91

See. 16. Subdivisions (3) and (4) of subsection (c) of section 22a-174-26 of the Regulations

of Connecticut State Agencies are amended as tbllows:

(3) [There is no fee for any permit issued to a rnunicipality or to an agency of the state or

political or administrative subdivision thereof under section 22a- 174-100 of the

Regulations of Comaecticut State Agencies.] Reserved.

(4) [There is no fee for any certificate required under section 22a-I74-17 of the Regulations

of Connecticut State Agencies.] Rese~wed.

Sec. 17. Section 22a-174-17 of the Regulations of Connecticut State Agencies is repealed.

Sec. 18. Section 22a-174-43 of the Regulations of Connecticut State Agencies is repealed.

Sec. 19. Section 22a-174-100 of the Regulations of Connecticut State Agencies is repealed.

Statement of Purpose

This regulatory proposal is a series of changes to the Department of Energy and Environmental

Protection’s (DEEP’s) air quality programs that will function to reduce regulatory burdens on Connecticut

businesses and administrative burdens on DEEP, without interfering with DEEP’s progress towards

meeting its air quality goals.

This proposal has four components:

The addition of fine particulate ma~:er requirements into DEEP’s new source review permitting

program, to retain federal program approval;

~ The exemption from Stage II vapor controls for certain vehicle fleets;

~ Additional compliance options for vehicle manufacturers under DEEP’s low emission vehicle

program; and

~ The repeal of non-core air quality programs.
Post-Hearin8 Draft

17

Fine Particulate ]Y~atter ~P]VI2.5) Criteria for A~r Permit~ections 1[ th~

DEEP is proposing to i~c/ude the pollutant fine particulate mat~er, or PM~s, in DEEP’s new source

review (NSR) permit program. While the U.S. EnvironmentaI Protection Agency (EPA) first

promulgated a National Ambient Air Quality Standard for PMz~ in !997, EPA allowed states to use the

pollutant PM~0 as a surrogate for PMzs in NSR pe~nit~ting programs until certain technica! problems were

resolved and EPA issued guidance for the staIes. EPA has issued two relevant implementation rules and

t~as required states to adopt the necessa~5~ requirements by July 20, 20!2. The r~visions help DEEP and

the regulated community to understand what new soumes or modifications have the potential to impact

PM?.~ levels and thus warrant additional permitting requirements.

The proposal also revises an unrelated portion of the NSR permit program to achieve consistency with

federal requirements in 40 CFR 51.165(a)(2). The revision links the applicability for preconstruction

review requirements in nonattainment areas to the pollutant for which the area is designated as

nonattainment. The difference between tbe state and federal requirements has caused considerable delay

in processing several NSR permits, so the harmonization of the requirements is likely to streamline

certain future applications.

Once adopted, these requirements will be submitted to EPA and will allow DEEP to retain fi~ll approval

of its NSR pe,~nitl:ing program.

Exemptim~ from S~)or Controls (Sections 7 through 12~.

DEP is proposing to allow rental, corporate or commercial vehicle fleets to seek an exemption from the

requirement to install vapor recover7 systems at fleet gasoline dispensing stations. The criteria that must

be met to obtain an exemption ensure that the exemption will not interfere with the state’s air quality

goals yet will reduce financia! burdens for enviromnental compliance at certain facilities. The

amendment also adds record keeping requirements to support the e×emption and makes minor

co~-:ections.

Onboard refueling vapor recovery (ORVR) systems are installed in newer model year vehicles to collect

vapors that would otherwise be released when the gasoline tank is filled. These on-vehicle systems are

alternatives to the Stage II vapor recovery systems installed on gasoline pumps. Section 202(a)(6) of the

Clean Air Act (CAA) allows EPA to waive Stage II requirements for certain ozone nonattainment areas

when OR;VR is in widespread use in a motor vehicle fleet. In two guidance memoranda issued in 2006

and 2007, EPA identified dispensing facilities that exclusively se~we rental vehicles or corporate or

commercial fleets as categories for which widespread use may occur earlier than for the motor vehicle

fleet as a whole. The two memoranda staIe that widespread use occurs when 95% of the fleet vehicles

have ORVR installed. EPA has approved a similar regulatory exemption in Rhode Island.

Compliance Flexibility in the Low Emission Vehicle Program (Sections 13 through 1~

DEEP is proposing to increase the compliance flexibili~ available to vehicle manufacta~rers under

Connecticut’s low emission vehicle program, as follows:

~ The greenhouse gas standards are revised to allow for alternative compIiance with the joint

federal EPA?National Highway Traffic Safety Administration greenhouse gas (GHG) standards;

and

An additional voluntary compliance mechanism allows a manufacturer to demonstrate

compliance based on the total number of passenger cars, light-duty trucks, and medium-duty

passenger vehicles sold in all states thai: have adopted California’s vehicle ~HG emissions

standards under CAA section 177, rather than the curt’cut fleet average requirements, which limit

averaging only to the state of Connecticut.
18

PosUHearing Draft

The proposed revisions are required under CAA section 177, which requires Connecticut’s low emission

vehicle program to maintain reqnirembnts identical to California’s program.

Repeal of Non-Core Programs (Sections 16 through 19)

DEEP recognizes the need to eliminate programs that are no longer necessary to DEEP’s core mission.

Accordingly, DEEP proposes to repea! the following three discretionary air management programs:

~ Control of open burning;

 ̄ Portable fnael container spillage control; grid

 ̄ Pe~nits for construction of indirect sources,

Staff resources freed by this amendment can be devoted to more immediate permit~:ing and enforcement

needs. In addition to the repeal of the three programs described below, the amendment proposes to revise

the Air Bureau’s general fee regulation to delete exemptions from fees provided for the open burning and

indirect source permit programs.

~en burning In a series of public acts in 1996, !999 and 2000, the Connecticut General Assembly

deve!oped an open burning program via statute, CGS section 22a-174(f), which a!Iows DEEP’s

commissioner, along with loca! officials, to enforce open burning requirements. This statutory

program is self-implementing, comprehensive and supersedes DEEP’s authority under RCSA section

22a-174-17, an open burning regulation developed in 1983. The continued existence of RCSA

section 22a-174~ 17 serves only to confuse and is therefore proposed for repeal

f)ortableAf_uel containers. In 2007, EPA promulgated national evaporative emissions standards for

portable fuel containers (aka gas cans), which apply to containers manufactured on and after January

i, 2009. These federal standards are as protective of air quality as DEEP’s portable fuel container

spillage control requirements (RCSA section 22a-174-43), which DEEP adopted in 2004 as part of a

regional initiative. To eliminate the redundant regulatory requirements, DEEP is proposing to repeal

the Connecticut regulation, leaving manufacturers to comply with EPA’s national standards. This

approach wil! allow Connecticut to retain expected air quality benefits, while saving enforcement and

administrative resources.

7ndirect source.permits. DEEP is proposing to repeal the indirect source permit (ISP) program of

RCSA section 22a-174-100. The ISP program requires the Connecticut Department of Transportation

(DOT) to obtain an ISP permit from DEEP before beginning certain state highway construction

projects. DEEP recognizes that many of the ISP program elements are duplicated in the

transportation conformity process, the National Environmental Protection Act and/or the Connectict~t

Environmental Policy Act. Hence, the ISP program is no longer programmatically necessary for

Connecticut. DEEP is developing a joint Memorandum of Agreement with DOT to ensure that, with

the repeal of RCSA section 22a-17~-100, the !trotted air quality benefits of the ISP program,

especia!ly with respect to emissions from construction equipmenL continue in a more efficient,

streamlined and less costly manner.
Attachment F
The Connecticut General Assembly

Legislative Commissioners’ Office

Edwin J. Maley,

WflliamA. Hamzy

Lar~G. J. Shapiro

Legislative Office Building

Suite 5500

Hartford, Connecticut

06106-1591

(860) 240-8410

fax (860) 240~8414

e-mail: lco@cga.ct.gov

From:

Committee Meeting Date:

Legislative Regulation Review Committee

Legislative Commissioners’ Office

June 26, 2012

Regulation No:

Agency:

Subject Matter:

Statutory Authority:

2012-21

DepaAmentofEnergy and Environmental Protection

Amendments and Repealsto Reduce Regulatory Burdens

22a-174,22a-174e, 22a-!74g

For the Committee’s ,Information:

Substantive Concerns:

On page 7, in section 22a-174-30(b)(7) it is unclear under what authority the department is

exempting rental, corporate or commercial vehicle fleets from the stage II vapor control

requirements set forth in section 22a-174 of the general statutes. Section 22a-174e of the

general statutes requires stage II gasoline vapor recovery systems for all gasoline pumps at

any gasoline dispensing facility newly constructed on or after July I, 1992, that dispenses

more than ten thousand gallons of gasoline per month, or at any such facility where the gas

tanks are replaced after said date. The statute permits the commissioner to adopt stricter
requirements or to require additional testing but there is nothing granting the commissioner

the authority to exempt a category of facilities from the statutory requirements, and the

adoption of regulations is mandated by the statute.

Technical Corrections:

!. On page 1, in section 22a-174-I, references to subdivision (60) should be to subdivision

(62) for accuracy.

2. Throughout the proposed regulation, when the agency is amending a portion of a table

and not the entire table, the agency should bracket the portion being amended and show the

new language by underlining rather than rewriting the entire table and underlining existing

language. For example, on page I, in table 3a(i)-l, the only change to the table is that the

agency is adding a new cell regarding PM 2.5, and that portion should be underlined and

the existing material should not be underlined or bracketed for proper form. The same

would apply to sections 3 and 4 of the proposed regulation.

3. On page 4, in section 22a-174-3a(/)(1), throughout the subdivision, references to "area is

.de, hated nonat*ainment" should be "area is designated as nonattainment" for proper

granlmar.

4. On page 4, in section 22a-174-3a(/)(1)(C), in the second line "bu~t" should be "where"

for proper grammar, in the fourth line "wil__.jl" should be "shall" "shall" in accordance with

the committee’s directive regarding mandates and in the next to last line, "levels" should be

"the levels" for proper grammar.

5. On page 6, in section 22a-174-30(a) 4~, "another organization" should be "other

organization" for proper form.

6. On page 7, in section 22a-174-30(a).(_7), "or [Operator] operator" should be "or

operator" to accurately reflect the text of the existing regulation.

7. On page 7, in section 22a-174-30(b), in order to add an additional subdivision to said

subsection as wel! as to amend an existing subdivision of said subsection the agency

should set forth the text of the entire subsection (b) for proper form and accuracy.

8. On page 8, in section 22a-174-30(e)(2), in the fourth line, ".within three years of’’ should

be "not later than three years after" for clarity, and the same change should be made in the

s, ixth line to "within 45 days of".

9. On page 8, in section 22a-174-30(e)(5), "Division" should be deleted for proper form

and consistency with the existing regulation.

! 0. On page 8, in section 22a-174-30(e)(5), the references to "such a written report" and

"such a report" should be "such report" for proper form.

2
11. On page 9, in section 22a-174-30(e)(5)(B), "Com~ecticut Agencies" should be

"Connecticut State Agencies" for proper form and "any applicable statute" should be "any

other applicable statute" for clarity.

12. On page 10, in new subdivision (1), the existing reference to "Code of California

Regulations" should be " [Code of] California Code of Regulations" for accuracy and

consistency.

13. An additional section, section 22a-174-8(b)(1), should be added to the regulation to

bracket a reference to the repealed section 22a-174-17, for proper form.

3
Recommendation:

Approval ill whole

With technical corrections

With deletions

with substitute pages

Disapproval in whole or in part

Rejection without prejudice

Reviewed by:

Date:

Shannon McCa~hy

June 6, 2012

/ Angela Rehm

4
See. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations.

Fees. Exemptions. General permits. Appeal of commissioner’s action re permit

applications. (a) The commissioner, in the manner provided in subdivision (1) of section

22a-6, shall have the power to formulate, adopt, amend and repeal regulations to control

and prohibit air pollution throughout the state or in such areas of the state as are affected

thereby, which regulations shall be consistent with the federal Air Pollution Control Act

and which qualify the state and its municipalities for available federal grants. Any person

heard at the public hearing on any such regulation shall be given written notice of the

determination of the commissioner.

(b) The commissioner shall have the power to (I) enter into contracts with technical

consultants, including, but not limited to, nonprofit corporations created for the purpose of

facilitating the state’s implementation of multistate air pollution control programs, for

special studies, advice and assistance; to consult with and advise and exchange information

with other departments or agencies of the state; and (2) serve on the board of directors of a

nonprofit corporation, including, but not limited to, a nonprofit corporation created for the

purpose of facilitating the state’s implementation of muItistate air pollution control

programs.

(c) The commissioner shall have the power, in accordance with regulations adopted by

him, (1) to require that a person, before undertaking the construction, installation,

enlargement or establishment of a new air contaminant source specified in the regulations

adopted under subsection (a) of this section, submit to him plans, specifications and such

information as he deems reasonably necessary relating to the construction, installation,

enlargement, or establishment of such new air contaminant source; (2) to issue a permit

approving such plans and specifications and permitting the construction, installation,

enlargement or establishment of the new air contaminant source in accordance with such

plans, or to issue an order requiring that such plans and specifications be modified as a

condition to his approving them and issuing a permit allowing such construction,

installation, enlargement or establishment in accordance therewith, or to issue an order

rejecting such plans and specifications and prohibiting construction, installation,

enlargement or establishment of a new air contaminant source in accordance with the plans

and specifications submitted; (3) to require periodic inspection and maintenance of

combustion equipment and other sources of air pollution; (4) to require any person to

maintain such records relating to air pollution or to the operation of facilities designed to

abate air pollution as he deems necessary to carry out the provisions of this chapter and

section 14-164c; (5) to require that a person in contro! of an air contaminant source

specified in the regulations adopted under subsection (a), obtain a permit to operate such

source if the source (A) is subject to any regulations adopted by the commissioner

concerning high risk hazardous air pollutants, (B) bums waste oil, (C) is allowed by the

5
commissioner, pursuant to regulations adopted under subsection (a), to exceed emission

limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E)

violates any provision of this chapter, or any regulation, order or permit adopted or issued

thereunder; (6) to require that a person in control of an air contaminant source who is not

required to obtain a permit pursuant to this subsection register with him and provide such

information as he deems necessary to maintain his inventory of air pollution sources and

the commissioner may require renewal of such registration at intervals he deems necessary

to maintain such inventory; (7) to require a permit for any source regulated under the

federal Clean Air Act Ame~dments of 1990, RL. !01-549; (8) to refuse to issue a permit if

the Environmental Protection Agency objects to its issuance in a timely manner under Title

V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any

regulation adopted under this chapter, to require that any source permitted under Title V of

the federal Clean Air Act Amendments of 1990 shall comply with all applicable standards

set forth in the Code of Federal Regulations, Title 40, Parts 51, 52, 59, 60, 6I, 63, 68, 70,

72 to 78, inclusive, and 82, as amended from time to time.

(d) The commissioner shall have all incidental powers necessary to carry out the

purposes of this chapter and section 14-164c.

(e) As used in this subsection, "contiguous" means abutting or adjoining without

consideration of the actual or projected existence of roadways, walkways, plazas, parks or

other minor intervening features; "indirect source" means any building, structure, facility,

installation or combination thereof, that has or leads to associated activity as a result of

which any air pollutant is or may be emitted. The commissioner shall not require the

submission of plans and specifications under indirect source regulations adopted pursuant

to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be

undertaken within a redeve!opment area or urban renewal project, as defined in chapter

130, provided (1) the proposed construction is pursuant to a plan for such redevelopment

area or urban renewal project adopted pursuant to section 8-127 prior to October 1, 1974,

or to a modification of such plan, (2) the proposed construction is part of a contiguous,

single purpose or multipurpose development or developments and (3) site clearance or

construction had commenced on a portion of the site of such development or developments

prior to October I, 1974, nor shall the commissioner issue any order pursuant to

subdivision (1) of subsection (c) of this section pertaining to the enforcement of indirect

source regulations with respect to such proposed construction within such redevelopment

areas and urban renewal projects. In the event that the modification of any such plan after

October 1, 1974, would result in the proposed construction generating substantially more

motor vehicle traffic than would have been generated prior to such modification, the

submission of plans and specifications shall be required for such proposed modification.

The commissioner shall not require the renewal of an indirect source operating permit

6
issued in accordance with subsection (c) of this section unless such indirect source no

longer conforms with plans, specifications or other information submitted to said

commissioner in accordance with said subsection (c).

(f) The commissioner shall allow the open burning of brush on residential property,

provided the burning is conducted by the resident of the property or the agent of the

resident and a permit for such burning is obtained from the local open burning official of

the municipality in which the property is located, and the open burning of brush in

municipal landfills, transfer stations and municipal recycling centers, provided a permit for

such burning is obtained from the fire marshal of the municipality where the facility is

located, except that no open burning of brush shall occur (1) when national or state

ambient air quality standards may be exceeded; (2) where a hazardous health condition

might be created; (3) when the forest fire danger in the area is identified by the

commissioner as extreme and where woodland or grass land is within one hundred feet of

the proposed burn; (4) where there is an advisory from the commissioner of any air

pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the

case of a municipal landfill, when such landfill is within an area designated as a hot spot

on the open burning map prepared by the commissioner. A permit for the burning of brush

at any municipal landfill, municipal transfer station or municipal recycling center shall be

issued no more than six times in any calendar year. The proposed permit to burn brush at

any municipal landfill, municipal transfer station or municipal recycling center shall be

submitted to the commissioner by the fire marshal, with the approval of the chief elected

official of the municipality in which the municipal landfill, municipa! transfer station or

municipal recycling center is located. The commissioner shall approve or disapprove the

fire marshal’s proposed permitting of burning of brush at a municipal landfill, municipal

transfer station or municipa! recycling center within a reasonable time of the filing of such

application. The bm’ning of leaves, demolition waste or other solid waste deposited in such

landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires

is not prohibited if the burning is conducted so as not to create a nuisance and in

accordance with any restrictions imposed on such burning. Nothing in this subsection or in

any regulation adopted pursuant to this subsection shall affect the power of any

municipality to regulate or ban the open burning of brush within its boundaries for any

purpose. Notwithstanding any other provision of this section, fire breaks for the purpose of

controlling forest fires and controlled fires in salt water marshes to forestall uncontrolled

fires are not prohibited. Open burning may be engaged in for any of the following purposes

if the open burning official with jurisdiction over the area where the burning wi!l occur

issues an open burning permit: Fire-training exercises; eradication or control of insect

infestations or disease; agricultural pro-poses; clearing vegetative debris following a natural

disaster; and vegetative management or enhancement of wildlife habitat or ecological

sustainability on municipal property or on any privately owned propet-ty permanently
dedicated as open space. Open burning for such purposes on state property may be

engaged in with the written approval of the commissioner. Local burning officials

nominated for the purposes of this subsection shall be nominated only by the chief

executive officer of the municipality in which the official will serve and shall be certified

by the commissioner. The chief executive officer may revoke the nomination. The

commissioner may adopt regulations, in accordance with the provisions of chapter 54,

governing open burning and may authorize or prohibit open burning consistent with this

section. The regulations may require the payment of an application fee and inspection fee

and may establish a certification procedure for local burning officials.

(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. Any person obtaining a permit,

pursuant to said regulations, for the construction or operation of a source of air pollution or

for modification to an existing source of air pollution shall submit a permit fee of twice the

amount of the fee established by regulations in effect on July 1, 1990. The commissioner

shall require the payment of a permit application fee of two hundred do!lars.

(h) The commissioner may require, by regulations adopted in accordance with the

provisions of chapter 54, payment of a fee by the owner or operator of a source of air

pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control

device through the use of a dust compound in the detection of leaks in such device, or the

monitoring of such test, provided such fee may not exceed the average cost to the

department for the conduct or monitoring of such tests plus ten per cent of such average

cost. Except as specified in section 22a-27u, all payments received by the commissioner

pursuant to this subsection shall be deposited in the General Fund and credited to the

appropriations of the Department of Energy and Environmental Protection in accordance

with the provisions of section 4-86.

(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no

municipality shall be required to pay more than fifty per cent of any fee established by the

commissioner pursuant to said subsections.

(,i) Fees or increased fees prescribed by this section shall not be applicable to residential

property.

(k) (1) The commissioner may issue a general permit with respect to a category of new

or existing stationary air pollution sources, except with respect to a source which is already

covered by an individual permit, provided the general permit is not inconsistent with the
federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq., and as it may

be further amended from time to time. Any person conducting an activity for which a

general permit has been issued shall not be required to obtain an individual permit under

this section, except as provided in subdivision (5) of this subsection. The general permit

may regulate a category of sources which, whether or not requiring a permit under the

federal Clean Air Act, (A) involve the sm-ne or substantially similar types of operations or

substances, (B) require the same types of pollution control equipment or other operating

conditions, standards or limitations, and (C) require the same or similar monitoring, and

which, in the opinion of the commissioner, are more appropriately controlled under a

general permit than under an individual permit. The general permit may require that any

person proposing to conduct any activity under the general permit register such activity,

including obtaining approval fi’om the commissioner, before the general permit becomes

effective as to such activity, and may include such other conditions as the commissioner

deems appropriate, including, but not limited to, management practices and verification

and repotting requirements. Any such repm’ts shall be made available to the public by the

commissioner. The commissioner shall grant an application for approval under a general

permit without repeating the notice and comment procedures provided under subdivision

(2) of this subsection, and such a grant shall not be subject to judicial review under

subdivision (4) of this subsection. Registrations and applications for approval under the

general permit shall be submitted on forms prescribed by the commissioner; application

forms concerning activities regulated under the federal Clean Air Act shall require that the

applicant provide such information as may be required by that act. The commissioner shall

prepare, and annually amend, a list of holders of general permits under this section, which

list shall be made available to the public.

(2) Notwithstanding any other procedures in this chapter, any regulations adopted

thereunder, and chapter 54, the commissioner may issue a general permit in accordance

~vith the following procedures: (A) The commissioner shall publish in a newspaper, having

a substantial circulation in the affected area or areas, notice of (i) intent to issue a general

permit, (ii) the right to inspect the proposed general pert’nit, (iii) the opportunity to submit

written comments thereon, and (iv) the right to a public hearing if, within the comment

period, the commissioner receives a petition signed by at least twenty-five persons

provided the notice shall state that the right to a public hearing may be exercised upon

request of any person if the pen-nit regulates an activity which is subject to provisions of

the federal Clean Air Act; (B) the administrator of the United States Environmental

Protection Agency and any states affected by the general permit shall be given notice as

may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment

period of thirty days following publication of notice under subparagraph (A) of this

subdivision during which interested persons may submit written comments concerning the

permit to the commissioner; (D) the commissioner shall not issue the general permit until
after the comment period and the public hearing, if one is held; (E) tbe commissioner shall

publish notice of any general permit issued in a newspaper having a substantial circulation

in the affected area or areas; m~d (F) summary suspension may be ordered in accordance

with subsection (c) of section 4-182. Any person may request that the commissioner issue,

modify, revoke or suspend a general permit in accordance with this subsection.

(3) Any general permit under this subsection shall be issued for a fixed term. A general

permit covering an activity regulated under the federal CIean Air Act shall be issued for a

term of no more than five years. A general permit covering an activity regulated under the

federal Clean Air Act shall contain such additional conditions as may be required by that

act.

(4) Notwithstanding any other provision of this chapter and chapter 54, with respect to a

general permit concerning activities regulated under the federal Clean Air Act, any person

who submitted timely comments thereon may appeal the issuance of such permit to the

superior court in accordance with the provisions of section 4-183. Such appeal shall have

precedence in the order of trial as provided in section 52-192.

(5) Subsequent to the issuance of a general pet~nit, the commissioner may require a

person whose activity is or may be covered by the general permit to apply for and obtain

an individual permit pursuant to this chapter if he determines that an individual permit

would better protect the land, air and waters of the state from pollution. The commissioner

may require an individual pen~nit under this subdivision in cases including, but not limited

to, the following: (A) The permittee is not in compliance with the conditions of the general

permit; (B) a change has occurred in the availability of demonstrated technology or

practices for the control or abatement of pollution applicable to the permitted activity; (C)

circumstances have changed since the time the general permit was issued so that the

permitted activity is no longer appropriately contro!led under the general permit, or a

temporary or permanent reduction or elimination of the permitted activity is necessary; or

(D) a relevant change has occurred in the applicability of the federal Clean Air Act. in

making the determination to require an individual permit, the commissioner may consider

the location, character and size of the source and any other relevant factors. The

commissioner may require an individual permit under this subdivision only if the person

whose activity is covered by the general permit has been notified in writing that an

individual permit is required. The notice shall include a brief statement of the reasons for

requiring an individual permit, an application form, a statement setting a time for the

person to file the application and a statement that the general permit as it applies to such

person shall automatically terminate on the effective date of the individual permit. Such

person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any

person may petition the commissioner to take action under this subdivision.

10
(6) The commissioner may adopt regulations, in accordance with the provisions of

chapter 54, to carry out the purposes of this subsection.

(t) In any proceeding on an application for a permit which is required under 42 USC

7661 a, the applicant, and any other person entitled under said section to obtain judicial

review of the commissioner’s final action on such application may appeal such action in

accordance with the provisions of section 4-183.

(m) The commissioner shall not issue a permit for an asphalt batch plant or continuous

mix facility under the provisions of this section until July I, 2004, unless the commissioner

determines that the issuance of the permit will result in an improvement of environmental

performance of an existing asphalt batch plant or continuous mix plant. The provisions of

this section shall apply to any application pending on May 5, 1998. Nothing in this section

shall apply to applications for upgrading, replacing, consolidating or otherwise altering the

physical plant of an existing facility provided such upgrade, replacement, consolidation or

alteration results in an improvement of environmental performance or in reduced total

emissions of air pollutants.

Sec. 22a-174e. Gasoline vapor recovery systems. Regulations. On or before July 1,

1992, the Commissioner of Energy and Environmental Protection shall adopt regulations,

in accordance with the provisions of chapter 54, and in consultation with the State Fire

Marshal’s Office, to require the installation of a stage ll gasoline vapor recovery system for

all gasoline pumps at any gasoline dispensing facility newly constructed on or after said

date which will dispense more than ten thousand gallons of gasoline per month, and at any

such existing facility for all gasoline tanks which are replaced on or after said date. Such

regulations shall provide tbr specifications deemed by the commissioner to be necessary to

implement such a vapor recovery system at each such facility, and may require, in order to

comply with the federal Clean Air Act, that any other gasoline dispensing facility which

dispenses more than ten thousand gallons of gasoline per month shall implement such a

vapor recovery system. On or after July I, 1993, the Commissioner of Energy and

Environmental Protection may amend such regulations to require a stage II gasoline vapor

recovery system at any newly constructed fuel dispensing facility which dispenses one

thousand gallons or more of gasoline per month or at any existing gasoline dispensing

facility for any gasoline tank which is replaced on or after July 1, 1993, where such tank

has a capacity of one thousand gallons or more. The Commissioner of Energy and

Environmental Protection may require, by regulation, that any vapor recovery equipment

tested and approved by the California Air Resources Board, either before or after the

effective date of such regulation, be required to be installed at any such fuel dispensing

facility. Such regulations may require that any installed vapor recovery equipment be

annually tested in accordance with functional test methods approved by the state of

11
California Air Resources Board provided such regulations specifically set forth such

methods and further provided nothing in this section shall preclude the commissioner from

requiring additional testing upon the failure of any source to demonstrate compliance.

Notwithstanding any regulation adopted pursuant to this chapter, a person may instal! a

stage II gasoline vapor recovet2¢ system which has been tested and approved by the state of

California Air Resources Board after November 1, 1992, provided such system utilizes

only coaxial hoses.

Sec. 22a-174g. California motor vehicle emiss!ons standards. (a) On or before

December 31, 2004, the Commissioner of Energy and Environmental Protection shall

adopt regulations, in accordance with the provisions of chapter 54, to implement the light

duty motor vehicle emission standards of the state of California, and shall amend such

regulations from time to time, in accordance with changes in said standards. Such

regulations shall be applicable to motor vehicles ~vith a mode! year 2008 and later. Such

regulations may incorporate by reference the California motor vehicle emission standards

set forth in final regulations issued by the California Air Resources Board pursuant to Title

13 of the Call fornia Code of Regulations and promulgated under the authority of Division

26 of the California Health and Safety Code, as may be amended from time to time.

Nothing in this section shall limit the commissioner’s authority to regulate motor vehicle

emissions for any other class of vehicle.

(b) As part of the state’s implementation plan under the federal Clean Air Act, the

Commissioner of Energy and Environmental Protection may establish a program to allow

the sale, purchase and use of motor vehicles which comply with any regulations adopted

by the commissioner which implement the California motor vehicles emissions standards

for purposes of generating any emission reduction credits under said act. Nothing in this

section shall prohibit the Commissioner of Energy and Environmental Protection from

establishing a program to require the sale, purchase and use of motor vehicles which

comply with any regulations adopted by the commissioner which implement the California

motor vehicle emissions standards.

I2
The Connecticut General Assembly

Legislative Commissioners’ Office

Edwil~ J. Maley, J~

Commissioner

WiltiamA. Hamzy

Larry G. J. Shapiro

Director

Legislative Office Blfitding

Suite 5500

1-1maford, Connecticut

06106-1591

(860) 240-8410

fax (860) 240-8414

e~mail: Ico@cga.cr.gov

Memorandum

To:

From:

Committee Meeting Date:

Legislative Regulation Review Committee

Legislative Commissioners’ Office

August 28, 2012

Agency:

Subject Matter:

Statutory Authority:

Department of Energy and Environmental Protection

Air Quality Regulations

22a-! 74, 22a-174g

For the Committee’s Information:

This is a resubm~tta of regu at~ons t nat were rejected w thout prejud ce at the commltte s

meeting on June 26, 2012. The resubmit~al addresses the substantive concerns and

technical corrections noted in the June 26, 2012 report.

Substantive Concerns:

Technical Corrections:
Recommendation:

Approval in whole

with technical corrections

with deletions

with substitute pages

Disapproval in whole or in part

Rejection without prejudice

Reviewed by:

Date:

Brad%rd M. Towson / Angela Rehm

August 6, 2012

2
Sec. 22a-174. (Formerly See. 19-508). Powers of the commissionel: Regulations.

Fees. Exemptions. Genera| permits. Appeal of commissioner’s action re permit

applications. (a)The commissioner, in the manner provided in subdivision (1) of section

22a-6, shall have the power to formulate, adopt, amend and repeal regulations to control

and prohibit air pollution throughout the state or in such areas of the state as are affected

thereby, which regulations shall be consistent with the federal Air Pollution Control Act

and which qualify the state and its municipalities for available federal grants. Any person

heard at the public hearing on any such regulation shall be given written notice of the

determination of the commissioner.

(b) The commissioner shall have the power to (1) enter into contracts with technical

consultants, including, but not limited to, nonprofit corporations created for the purpose of

facilitating the state’s implementation of multistate air pollution control programs, for

special studies, advice and assistance; to consult with and advise and exchange information

with other departments or agencies of the state; and (2) serve on the board of directors of a

nonprofit corporation, including, but not limited to, a nonprofit corporation created for the

purpose of facilitating the state’s implementation of multistate air pollution control

programs.

(c) The commissioner shall have the power, in accordance with regulations adopted by

him, (1) to require that a person, before undertaking the construction, installation,

enlargement or establishment of a new air contaminant source specified in the regulations

adopted under subsection (a) of this section, submit to him plans, specifications and such

information as he deems reasonably necessary relating to the construction, installation,

enlargement, or establishment of such new air contaminant source; (2) to issue a permit

approving such plans and specifications and permitting the construction, installation,

enlargement or establishment of the new air contaminant source in accordance with such

plans, or to issue an order requiring that such plans and specifications be modified as a

condition to his approving them and issuing a permit allowing such construction,

installation, enlargement or establishment in accordance therewith, or to issue an order

rejecting such plans and specifications and prohibiting construction, installation,

enlargement or establishment of a new air contaminant source in accordance with the plans

and specifications submitted; (3) to require periodic inspection and maintenance of

combustion equipment and other sources of air pollution; (4) to require any person to

maintain such records relating to air pollution or to the operation of [:acilities designed to

abate air pollution as he deems necessary to carry out the provisions of this chapter and

section 14-164c; (5) to require that a person in control of an air contaminant source

specified in the regulations adopted under subsection (a), obtain a permit to operate such

source if the source (A) is subject to any regulations adopted by the commissioner

concerning high risk hazardous air pollutants, (B) bums waste oil, (C) is allowed by the
commissione~; pursuant to regulations adopted under subsection (a), to exceed emission

limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E)

violates any provision of this chapter, or any regulation, order or permit adopted or issued

thereunder; (6) to require that a person in control of an air contaminant source who is not

required to obtain a permit pursuant to this subsection register with him and provide such

information as he deems necessary to maintain his inventory of air pollution sources and

the commissioner may require renewal of such registration at intervals he deems necessary

to maintain such inventory; (7) to require a permit for any source regulated under the

federal Clean Air Act Amendments of ! 990, RL. 101-549; (8) to refuse to issue a permit if

the Environmental Protection Agency objects to its issuance in a timely manner under Title

V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any

regulation adopted under this chapter, to require that any source permitted under Title V of

the federal Clean Air Act Amendments of 1990 shal! comply with all applicable standards

set forth in the Code of Federal Regulations, Title 40, Parts 51, 52, 59, 60, 61, 63, 68, 70,

72 to 78, inclusive, and 82, as amended from time to time.

(d) The commissioner shall have all incidental powers necessary to carry out the

purposes of this chapter and section 14-164c.

(e) As used in this subsection, "contiguous" means abutting or adjoining without

consideration of the actual or projected existence of roadways, walkways, plazas, parks or

other minor intervening features; "indirect source" means any building, structure, facility,

installation or combination thereof, that has or leads to associated activity as a result of

which any air pollutant is or may be emitted. The commissioner shall not require the

submission of plans and specifications under indirect source regulations adopted pursuant

to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be

undertaken within a redevelopment area or urban renewal project, as defined in chapter

130, provided (1) the proposed construction is pursuant to a plan for such redevelopment

area or urban renewal project adopted pursuant to section 8-127 prior to October 1, 1974,

or to a modification of such plan, (2) the proposed construction is part of a contiguous,

single purpose or multipurpose development or developments and (3) site clearance or

construction had commenced on a portion of the site of such development or developments

prior to October 1, 1974, nor shall the commissioner issue any order pursuant to

subdivision (1) of subsection (c) of this section pertaining to the enforcement of indirect

source regulations with respect to such proposed construction within such redevelopment

areas and urban renewal projects. In the event that the modification of any such plan after

October 1, 1974, would result in the proposed construction generating substantially more

motor vehicle traffic than would have been generated prior to such modification, the

submission of plans and specifications shall be required for such proposed modification.

The commissioner shall not require the renewal of an indirect source operating permit

4
issued in accordance with subsection (c) of this section unless such indirect source no

longer conforms with plans, specilScations or other iuformation submitted to said

commissioner in accordance with said subsection (c).

(f) The commissioner sha!l allow the open burning of brush on residential property,

provided the burning is conducted by the resident of the property or the agent of the

resident and a permit for such burning is obtained fi’om the local open burning official of

the municipality in which the property is located, and the open burning of brush in

municipal landfills, transfer stations and municipal recycling centers, provided a permit for

such burning is obtained from the fire marshal of the municipality where the facility is

located, except that no open burning of brush shall occur (1) when national or state

ambient air quality standards may be exceeded; (2) where a hazardous health condition

might be created; (3) when the forest fire danger in the area is identified by the

commissioner as extreme and where woodland or grass land is within one hundred feet of

the proposed burn; (4) where there is an advisory from the commissioner of any air

pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the

case of a municipal landfill, when such landfill is within an area designated as a hot spot

on the open burning map prepared by the commissioner. A permit for the burning of brush

at any municipal landfill, nmnicipal transfer station or municipal recycling center shall be

issued no more than six times in any calendar year. The proposed permit to burn brush at

any municipal landfill, municipal transfer station or municipal recycling center shall be

submitted to the commissioner by the fire marshal, with the approval of the chief elected

official of the municipality in which the municipal landfill, municipal transfer station or

municipal recycling center is located. The commissioner shall approve or disapprove the

fire marshal’s proposed permitting of burning of brush at a municipal landfill, municipal

transfer station or municipal recycling center within a reasonable time of the filing of such

application. The burning of leaves, demolition waste or other solid waste deposited in such

landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires

is not prohibited if the burning is conducted so as not to create a nuisance and in

accordance with any restrictions imposed on such burning. Nothing in this subsection or in

any regulation adopted pursuant to this subsection shall affect the power of any

municipality to regulate or ban the open burning of brush within its boundaries for any

purpose. Notwithstanding any other provision of this section, fire breaks for the purpose of

controlling forest fires and controlled fires in salt water raarshes to forestall uncontrolled

fires are not prohibited. Open burning may be engaged in for any of the following purposes

if the open burning official with jurisdiction over the area where the burning will occur

issues an open burning pern~it: Fire-training exercises; eradication or control of insect

infestations or disease; agricultural purposes; clearing vegetative debris following a natural

disaster; and vegetative management or enhancement of wildlife habitat or ecological

sustainability on municipal property or on any privately owned property permanently
dedicated as open space. Open burning for such purposes on state property may be

engaged in with the written approval of the commissioner. Local burning officials

nominated for the purposes of this subsection shall be nominated only by the chief

executive officer of the municipality in which the official will serve and shall be certified

by the commissioner. The chief executive officer may revoke the nomination. The

commissioner may adopt regulations, in accordance with the provisions of chapter 54,

governing open burning and may authorize or prohibit open burning consistent with this

section. The regulations may require the payment of an application fee and inspection fee

and may establish a certification procedure for local burning officials.

(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. Any person obtaining a permit,

pursuant to said regulations, for the construction or operation of a source of air pollution or

for modification to an existing source of air pollution shall submit a permit fee of twice the

amount of the fee established by regulations in effect on July I, 1990. The commissioner

shall require the payment of a permit application fee of two hundred dollars.

(h) The commissioner may require, by regulations adopted in accordance with the

provisions of chapter 54, payment of a fee by the owner or operator of a source of air

pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control

device through the use of a dust compound in the detection of leaks in such device, or the

monitoring of such test, provided such fee may not exceed the average cost to the

department for the conduct or monitoring of such tests plus ten per cent of such average

cost. Except as specified in section 22a-27u, all payments received by the commissioner

pursuant to this subsection shall be deposited in the General Fund and credited to the

appropriations of the Department of Energy and Environmental Protection in accordance

with the provisions of section 4-86.

(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no

municipality shall be required to pay more than fifty per cent of any fee established by the

commissioner pursuant to said subsections.

(i) Fees or increased fees prescribed by this section shall not be applicable to residential

proper!y.

(k) (l) The commissioner may issue a general permit with respect to a category of new

or existing stationary air pollution sources, except with respect to a source which is already

covered by an individual permit, provided the general permit is not inconsistent with the
federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq., and as it may

be further amended from time to time. Any person conducting an activity for which a

genera! permit has been issued shall not be required to obtain an individual permit under

this section, except as provided in subdivision (5) of this subsection. The general permit

may regulate a category of sources which, whether or not requiring a permit under the

federal Clean Air Act, (A) involve the same or substantially similar types of operations or

substances, (B) require the same types of pollution control equipment or other operating

conditions, standards or limitations, and (C) require the same or similar monitoring, and

which, in the opinion of the commissioner, are more appropriately controlled under a

general permit than under an individual permit. The general permit may require that any

person proposing to conduct any activity under the general permit register such activity,

including obtaining approval from the commissioner, before the general permit becomes

effective as to such activity, and may include such other conditions as the commissioner

deems appropriate, including, but not limited to, management practices and verification

and reporting requirements. Any such reports shall be made available to the public by the

commissioner. The commissioner shall grant an application for approval under a general

permit without repeating the notice and comment procedures provided under subdivision

(2) of this subsection, and such a grant shall not be subject to judicial review under

subdivision (4) of this subsection. Registrations and applications for approval under the

general permit shall be submitted on forms prescribed by the commissioner; application

forms concerning activities regulated under the federal Clean Air Act shall require that the

applicant provide such information as may be required by that act. The commissioner shall

prepare, and annually amend, a list of holders of general permits under this section, which

list shall be made available to the public.

(2) Notwithstanding any other procedures in this chapter, any regulations adopted

thereunder, and chapter 54, the commissioner may issue a general permit in accordance

with the following procedures: (A) The commissioner shall publish in a newspaper, having

a substantial circulation in the affected area or areas, notice of (i) intent to issue a general

permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity to submit

written comments thereon, and (iv) the right to a public hearing if, within the comment

period, the commissioner receives a petition signed by at least twenty-five persons

provided the notice shall state that the right to a public hearing may be exercised upon

request of any person if the permit regulates an activity which is subject to provisions of

the federal Clean Air Act; (B) the administrator of the United States Environmental

Protection Agency and any states affected by the general permit shall be given notice as

may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment

period of thirty days following publication of notice under subparagraph (A) of this

subdivision during which interested persons may submit written comments concerning the

permit to the commissioner; (D) the commissioner shall not issue the general permit until
after the comment period and the public hearing, if one is held; (E) the commissioner shall

publish notice of any general permit issued in a newspaper having a substantial circulation

in the affected area or areas; and (F) summary suspension may be ordered in accordance

with subsection (c) of section 4-182. Any person may request that the commissioner issue,

modify, revoke or suspend a general permit in accordance with this subsection.

(3) Any general permit under this subsection shall be issued for a fixed term. A general

permit covering an activity regulated under the federal Clean Air Act shall be issued for a

term of no more than five years. A general permit covering an activity regulated under the

federal Clean Air Act shall contain such additional conditions as may be required by that

act.

(4) Notwithstanding any other provision of this chapter and chapter 54, with respect to a

general permit concerning activities regulated under the federal Clean Air Act, any person

who submitted timely comments thereon may appeal the issuance of such permit to the

superior court in accordance with the provisions of section 4-183. Such appeal shall have

precedence in the order of trial as provided in section 52-192.

(5) Subsequent to the issuance of a general permit, the commissioner may require a

person whose activity is or may be covered by the general permit to apply for and obtain

an individual permit pursuant to this chapter if he determines that an individual permit

would better protect the land, air and waters of the state from pollution. The commissioner

may require an individual permit under this subdivision in cases including, but not limited

to, the following: (A) The permittee is not in compliance with the conditions of the general

permit; (B) a change has occun’ed in the availability of demonstrated technology or

practices for the control or abatement of pollution applicable to the permitted activity; (C)

circumstances have changed since the time the general permit was issued so that the

permitted activity is no longer appropriately controlled under the general pen-nit, or a

temporary or permanent reduction or elimination of the permitted activity is necessary; or

(D) a relevant change has occurred in the applicability of the federal Clean Air Act. In

making the determination to require an individual permit, the commissioner may consider

the location, character and size of the source and any other relevant factors. The

commissioner may require an individual permit under this subdivision only iftbe person

whose activity is covered by the general permit has been notified in writing that an

individual pen-nit is required. The notice shall include a brief statement of the reasons for

requiring an individual permit, an application fox,n, a statement setting a time for the

person to file the application and a statement that the general permit as it applies to such

person shall automatically terminate on the effective date of the individual permit. Such

person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any

person may petition the commissioner to take action under this subdivision.
(6) The comnaissioner may adopt regulations, in accordance with the provisions of

chapter 54, to carry out the purposes of this subsection.

(1) In any proceeding on an application for a permit which is required under 42 USC

7661a, the applicant, and any other person entitled under said section to Obtain judicial

review of the commissioner’s final action on such application may appeal such action in

accordance with the provisions of section 4-183.

(in) The commissioner shall not issue a permit for an asphalt batch plant or continuous

mix facility under the provisions of this section until July 1, 2004, unless the commissioner

determines that the issuance of the permit will result in an improvement of environmental

performance of an existing asphalt batch plant or continuous mix plant. The provisions of

this section shall apply to any application pending on May 5, 1998. Nothing in this section

shal! apply to applications for upgrading, replacing, consolidating or otherwise altering the

physical plant of an existing facility provided such upgrade, replacement, consolidation or

alteration results in an improvement of environmental performance or in reduced total

emissions of air pollutants.

Sec. 22a-174g. California motor vehicle emissions standards. (a) On or before

December 3!, 2004, the Commissioner of Energy and Environmental Protection shall

adopt regulations, in accordance with the provisions of chapter 54, to implement the light

duty motor vehicle emission standards of the state of California, and shall amend such

regulations from time to time, in accordance with changes in said standards. Such

regulations shall be applicable to motor vehicles with a model year 2008 and later. Such

regulations may incorporate by reference the California motor vehicle emission standards

set forth in final regulations issued by the California Air Resources Board pursuant to Title

13 of the California Code of Regulations and promulgated under the authority of Division

26 of the California Health and Safety Code, as may be amended from time to time.

Nothing in this section shall limit the commissioner’s authority to regulate motor vehicle

emissions for any other class of vehicle.

(b) As part of the state’s implementation plan under the federal Clean Air Act, the

Commissioner of Energy and Environmental Protection may establish a program to allow

the sale, purchase and use of motor vehicles which comply with any regulations adopted

by the commissioner which implement the California motor vehicles emissions standards

for purposes of generating any emission reduction credits under said act. Nothing in this

section shall prohibit the Commissioner of Energy and Environmental Protection fi’om

establishing a program to require the sale, purchase and use of motor vehicles which

comply with any regulations adopted by the commissioner which implement the California

motor vehicle emissions standards.

9