# TABLE 1

Overview

of How Connecticut's State Implementation Plan Satisfies the CAASection 110(a)(1) and (2) ProgramInfrastructure Elements for PM2,5* CAA Section 110(a)(2)(A) Required CAA Element

. . . "include enforceable emission limitations and Corresponding Connecticut Pro gramElement(s) CGSSection 22a-6(a)(1) . The Commissioner is empowered to "adopt, amend or Emission limits and other control other control measures, means, or techniques (including economic incentives such as fees, repeal . . . such environmental standards, criteria, and regulations . . . as are necessary and proper to carry out hisfunctions, powers and duties." It is under this general measures marketable permits, and auctions of ertrnissions grant of authority that the Commissioner has adopted emissions standards and control

rights), as well as schedules and timetables for measures for a variety of sources and pollutants. compliance. . ." CGS Section 22a-174g. California motor vehicle emission standards including , exhaust emission standards for precursors of PM and sources of black carbon. CGS Section 22a-174

. Establishes the Commissioner's general authority to adopt regulations and issue permits to control air pollution. CGS Section 22a-174(f) . Limitations on open burning. CGS Section 22a-174k. Restrictions on operation ofoutdoorwood-burning furnaces. Thesections of the air quality regulations that establish specific emissions limits related to the control of PM2 .5 and PM2

.5 precursors include RCSA: 22a-174-3a(i) - (1) Nonattainment new source reviewand prevention of significant deterioration. 22a-174-1$ Control of particulate matter and visible emissions. 22a-174-19 Control of sulfur compound emissions. 22a-174-19a Control of sulfur compound emissions from power plants. 22a-174-22 NOx emissions (also included in many single source SIP revisions) . 22a-174-22b Post-2002 NOx budget program . 22a-174-22c CAIR NOx ozone season trading program . 22a-174-27 Periodic motor vehicle inspection and maintenance. CAArefers to the Clean Air Act CGS refers to the Connecticut General Statutes RCSA refers to Regulations of Connecticut State Agencies CFRrefers to the U

.S. Code of Federal Regulations CTDEPrefers to the Connecticut Department of Environmental Protection Commissioner refers to the Commissioner ofthe CTDEP Table 1, page 1CAASection Required CAA Element Corresponding Connecticut Pro gramElement(s) 22a-174-20 Control of organic compound emissions. 22a-174-30 Gasoline vapor recovery. 22a-17432 VOC RACT (also included in many single source SIP revisions). 22a-174-36 Low

emissionvehicles. 22a-174-36a Heavy-duty diesel engines. 22a-174-36b Low

emission vehicles II program . , 22a-174-38 Municipal waste combustors. 22a-174-40 Consumer products. 22a-174-41 AIM

coatings. 22a-174-43 Portable fuel containers. 22a-174-44 Adhesives and sealants. 110(a)(2)(B) . . . "provide for establishment and operation of 40CFR 53; 40 CFR 58. Acomprehensive air quality monitoring plan, intended to Ambient air appropriate devices, methods, systems, and meet requirements of 40 CFR 58, is submitted to EPA each year. The 2009Annual quality procedures necessary to (i) monitor, compile, Air Monitoring Network Plan was submitted on June 26, 2009 . monitoring/data and analyze data on ambient air quality, and (ii) system upon request, makesuch data available to the CGS Section 22a-174(d) provides the commissionerwith all incidental powers

Administrator." necessary to control air pollution. 110(a)(2)(C) . . . "include a program to provide for the CGS Section 22a-6(a)(5) . "The commissioner may, in accordance with Program

for enforcement of the measures described in constitutional limitations, enter at all reasonable times, without liability, upon any enforcement of subparagraph (A), and regulation of the public or private property, except a private residence, for the purpose of inspection control measures modification and construction of any stationary and investigation to ascertain possible violations of any statute, regulation, order or

sourcewithin the areas covered by the plan as permit administered, adopted or issued by him and the owner, managing agent or necessary to assure that national ambient air occupant of any such property shall permit such entry . . . " quality standards are achieved, including a CGS Section 22a-6b . Imposition of civil penalties by the commissioner . permit programas required in parts Cand D ;" CGS Section 22a-7(d) . Civil actions. CGS Section 22a-171 . "Thecommissioner shall . . . (4) adopt, amend, repeal and enforce regulations . . . and do any other act necessary to enforce the provisions of [Chapter 446c, entitled "Air Pollution Control," whichencompasses CGS Sections 22a-170 through 22a-2061 ." CGS Section 22a-174. Orders to correct violations. CGS Section 22a-175. Penalties for violations. CGS Section 22a-176

. Consideration in making regulations and issuing orders. CGS Section 22a-177. Enforcement of regulations. Complaints. CGS Section 22a-178. Orders to correct violations. RCSAsection 22a-3a-6(c) . Orders, rulings and decisions - procedures in contested cases. i Table 1, page 2CAASection

110(a)(2)(D) Interstate transport Required CAA Element

. . . "contain adequate provisions - (i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the State fromemitting any air pollutant in amounts which will - (I) contribute significantly to nonattainment in, or interfere with maintenance by, anyother State with respect to any such national primary or secondary ambient air quality standard, or (11) interfere with measures required to be included in the applicable implementation plan for any other State under part Cto prevent significant deterioration of air quality or to protect visibility, (ii) insuring compliance with the applicable; requirements of sections 126 and 115 (relating to interstate and international pollution abatement) ;" RCSAsection 22a-174-3a. Permit toconstruct and operate stationary sources. This section provides a permit programfor enforceable emission limits andcontrol measures. RCSA section 22a-174-12. Violations and enforcement of the Regulations of Connecticut State Agencies. This section provides that "The Commissioner shall designate employees of DEPto be known as enforcement personnel, whoshall, acting with or without complaints, conduct investigations and ascertain whether the Commissioner's regulations are being complied with.' Revision to the Connecticut State Implementation Plan -Addressingthe Interstate Air Pollution Transport Requirements of Clean Air Act Section 110(a)(2)(D)(i), was submitted to EPA on March 13, 2007. EPA approved the SIP revision on May 7, 2008 (73 FR25516) . CTDEPwill revisit the analysis concerningConnecticut's significant contribution to any nearby state 24-hour PM2.5 nonattainment areas once EPA has made final nonattainment area designations for the 2006 PM2 .5 NAAQS. Connecticut's draft Regional Haze SIP is available at httn:l/www

.ct.gov/dep/cwp/viewasp?a=2684&0-433312&denNav- GID=1619

Table 1, page 3 Corresponding Connecticut ProgramElement(s)CAASection Required CAA Element Corresponding Connecticut ProgramElement(s)

I10(a)(2)(E) . . . "provide (i) necessary assurances that the CGS Section 22a-171 . Duties of Commissioner of Environmental Protection. "The Adequate State (or, except where the Administrator deems commissioner shall (1) initiate and supervise programs for the purposes of resources inappropriate, the general purpose local determining the causes, effect and hazards of air pollution; (2) initiate and supervise

government or governments, or a regional state-wide programs of air pollution control education; (3) cooperate with and receive agency designated by the State or general money fromthe federal government and, with the approval of the Governor, from any purpose local governments for such purpose) other public or private source; (4) adopt, amend, repeal and enforce regulations as will have adequate personnel, funding, and provided in section 22a-174 and do any other act necessary to enforce the provisions authority under State (and, as appropriate, local) of this chapter and section 14-164c; (S) advise and consult with agencies of the law to carry out such implementation plan (and United States, agencies of the state, political subdivisions and industries and any is not prohibited by any provision of Federal or other affected groups in furtherance of the purposes of this chapter ." State lawfrom

carrying out such implementation Air Quality Implementation Plan, Chapter 11, Parts A-E (March 3,1972) . plan or portion thereof), (ii) requirements that Describes the (A) existing organizations; (B) manpower ; (C) funding; (D) physical the State comply with the requirements resources and (E) local agencies. It stated, in part, "The Department of respecting State boards under section 128, and Environmental Protection will secure appropriations sufficient, in conjunction with (iii) necessary assurances that, where the State federal assistance, to maintain the projected state funding levels." has relied on a local or regional government, agency, or instrumentalityfor the CTDEP is the saleauthority implementing the SIPand does not rely on local or implementation of any plan provision, the State regional governments or agencies t©carry out this responsibility. has responsibility for ensuringadequate im lementation of such plan provision," 110(a)(2)(F) . . . "require, as may be prescribed by the CGS Section 22a-6(a)(S) . "The commissioner may, in accordance with Stationary source Administrator - (i) the installation, maintenance, constitutional limitations, enter at all reasonable times, without liability, upon any emissions and replacement of equipment, and the public or private property, except a private residence, for the purpose of inspection monitoring and implementation of other necessary steps, by and investigation to ascertain possible violations of any statute, regulation, order or reporting owners or operators of stationary sources to permit administered, adopted or issued by him and the owner, managing agent or monitor emissions fromsuch sources, (ii) occupant of any such property shall permit such entry . . ." periodic reports on the nature and amounts of CGS Section 22a-174(c) . Various powers of the commissioner related to permitting, emissions and emissions-related data fromsuch inspections, and recordkeeping. sources, and (iii) correlation of such reports by RCSAsection 22a-174-4. Source monitoring, record keeping and reporting. the Stateagency with any emission limitations or Paragraph (d)(1) states: "The commissioner may, by written notice, require the owner standards established pursuant to this Act, which or operator of any source to create, maintain and submit data, records or reports of , reports shall be available at reasonable times for monitoringdata and other information deemed necessary by the commissioner to public inspection;" evaluate compliance with chapter 446c of the Connecticut General Statutes and I, regulations promulgated thereunder. Such information shall be recorded, compiled and submitted on forms furnished or prescribed by the commissioner. The written I notice shall provide the date by which such data, records or reports shall be submitted j to thecommissioner." i Table 1, page 4CAASection Required CAA Element Corresponding Connecticut Pro gram Element(s) RCSAsection 22a-174-5. Methods for sampling, emission testing, sample analysis, and reporting. (e)(1) states: "The owner or operator of a stationary source of air pollution with maximum

uncontrolled emissions of any particular air pollutant greater than one hundred (100) tons per year shall be required tocarry out emission tests as prescribed by the Commissioner . Such test or tests shall beconducted at such intervals as the Commissioner mayspecify for an individual stationary source." Subsection (e)(2) states "In addition to the emission tests required in subdivision 22a-174-5(e)(1), the commissioner may require the owner or operator of any stationary source to conduct emission tests of emissions:" RCSAsection 22a-174-10. Public availability of information. Paragraph (a) states: Any records, reports or other information obtained by the Commissioner or on file with the department shall, pursuant to the provisions of sections 1-7 through 24 of the General Statutes, as amended, be made available to the public. I10(a)(2)(G) . . . "provide for authority comparable tothat in CGS Section 22a-181 . Emergency action to protect public health or safety. Emergency section 3©3 and adequate contingency plans to RCSAsection 22a-174-6 . Air pollution emergency episode procedures. power implement such authority;" This section describes the existing emergency episode procedures in place, which are consistent with the significant harmlevels as indicated in 40CFR Part 51 .151 . Connecticut expects to be classified as a Priority III region, and, therefore, an emergency episode plan for PM2 .5is not required. 110(a)(2)(H) . . . "provide for revision of such plan - (i) from Air Quality Implementation Plan, Chapter 13, (March 3,1972) . "This Future SIP time to time as may be necessary totake account implementation plan is intended to be dynamic, not static. To this end, it will be revisions of revisions of such national primary or revised when necessary."

secondary ambient air quality standard or the availability of improved or more expeditious CGS section 22a-174(d) . The Commissioner is authorized with all incidental powers methods of attaining such standard, and (ii) necessary tocontrol and prohibit air pollution. except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available tothe Administrator that the plan is substantially inadequate to attain the national ambient air quality standardwhich it implements or to otherwise comply with any additional requirements established under this Act ;" Table 1, page 5CAASection Required CAA Element Corresponding Connecticut Pro gram Element(s) 110(a)(2)(J) . . . "meet the applicable requirements of section CGS Section 22a-171 . Duties of Commissioner of Environmental Protection. "(5) Consultation with 121 (relating to consultation) advise and consult with agencies of the United States, agencies of the state, political government subdivisions and industries and any other affected groups in furtherance of the officials purposes of this chapter :" CGS Section 22a-174(d) . "The commissioner shall haveall incidental powers to carry out the purposes of [Chapter 446c, entitled "Air Pollution Control," which encompasses Conn. Gen. Stat. Sections 22a-170 through 22a-2061 . . . CGS Chapter 54. UniformAdministrative Procedures Act . State Implementation Plan Revision Advisory Committee (SIPRAC) established in 1972and generally meets each month. 110(a)(2)(J) --

. . . "meet the applicable requirements of section CGSSection 4-168. Notice prior to action on regulations. Public 127 (relating to public notification), CGS Section 22a-171. Duties ofCommissioner ofEnvironmental Protection. " notification . . ."(2) Initiate and supervise state-wide programs of air pollution control education; CGS Section 22a-174(d) . "The commissioner shall have all incidental powers to carry out the purposes of [Chapter 446c, entitled "Air Pollution Control," which encom p asses Conn. Gen. Stat. Sections 22a-170 through 22a-206] . . . 110(a)(2)(J) . . . "meet the applicable requirements of part C RCSAsection 22a-1743a(k) . Permit Requirements forAttainment Areas: PSDand visibility (relating to prevention of significant Prevention of Significant Deterioration ofAir Quality (PSD) Program . This section Protection deterioration of air quality and visibility addresses the prevention of significant deterioration of air quality and visibility

protection) ;" protection. _ 110(a)(2)(K) . . . "provide for - (i) the performance of such air RCSAsection 22a-174-3a(i) . Ambient Air Quality Analysis: "The commissioner Air quality quality modelingas the Administrator may may request any owner or operator to submit an ambient air quality impact analysis modeling/data prescribe for the purpose of predicting the effect using applicable air quality models and modeling protocols approved by the

on ambient air quality of any emissions of any commissioner." air pollutant for which the Administrator has EPA PM2 .5 NSRRule: CTDEP recognizes that it must update its program established a national ambient air quality infrastructure with respect to its nonattainment and minor source NSR permit and standard, and (ii) the submission, upon request, prevention of significant deterioration PSD programs. Such a SIP revision is of data related to such air quality modeling to the scheduled for submission no later than May 16, 2011 . Administrator ;" With respect to its NSR permit program, Connecticut is nowimplementing 40CFR 51 Appendix S for PM2,5 in Fairfield and NewHaven counties and the transitional PSDprogramfar PM2.5, which is set out in an interimpolicy available at the following link: p:!/www ct gov/dep/Iib/deplairlcompliance monitorin~slmodeling/pm 2 5 modeli htt_ n rocedures. df Table 1, page 6CAASection Required CAA Element Corresponding Connecticut Pro gram Element(s) 110(a)(2)(L) . . . "require the owner or operator of each major CGSSection 22a-6(a)(10). The commissioner may . . . by regulations adopted in Permitting fees stationary source to pay to the permitting accordance with the provisions ofchapter 54 require the payment of a fee sufficient

authority, as a condition of any permit required to cover . . . the reasonable cost of reviewing and acting upon an application for and under thisAct, a fee sufficient to cover - (i) the monitoringcompliance with the terms and conditions of any state or federal permit, reasonable costs of reviewing and acting upon license, registration, order, certificate or approval required . . . any application for such a permit, and (ii) if the CGS Section 22a-6f. Authorizes the commissioner to require annual fees. owner or operator receives a permit for such CGS Section 22a-1'74(g) . "Thecommissioner shall require, by regulations adopted source, the reasonable costs of implementing and in accordance with the provisions of chapter 54, the payment of a permit application enforcing the terms and conditions of any such fee sufficient tocover the reasonablecosts of reviewing and acting upon an permit (not including any court costs or other application for, and monitoring compliance with the terms and conditions of, any , costs associated with any enforcement action), state or federal permit, license, order, certificate or approval required pursuant to this i until such fee requirement is superseded with section. . . ."

respect to such sources by the Administrator's RCSAsection 22a-174-26(c)(1) . "Each person to whom the commissioner issues a approval of a fee programunder permit, or a modification or renewal thereto, under section 22a-174-3a, section 22atitle V;" 174-2a and section 22a-174-19ofthe Regulations of Connecticut State Agencies shall pay a permit fee as prescribed in the fee schedule in subdivision (2) of this subsection." The fee schedule is set forth in Table 26-1 of subsection 2. RCSAsection 22a-17433(j)(1)(Z) . Requires Title Vsource to pay all fees due under RCSAsection 22a-174-26 . (Approved as satisfying 40CFR 70.6(a)(7) . See - -- - 67 FR 31966 (Ma 13, 2002)) . I 110(a)(2)(M) - -

. . . "provide for consultation and participation by CGS Section 4-168. Notice prior to action on regulations. I Consultation local political subdivisions affected by the plan." Connecticut Air Quality Implementation Plan, Chapter 12 "Intergovernmental ~ with! Relations" (March 3, 1972) . "The State will take immediate action in coordinating participation by and delegating new responsibilities to local agencies that are prepared toaccept the affected local responsibility." entities

Table 1, page 7