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

May 30, 2013

David Conroy, Chief, Air Programs Branch

EPA New England Regional Office

5 Post Office Square, Suite 100

Boston, MA 02109-3912

Re: Connecticut State Implementation Plan for Clean Air Act Section 110(a) Infrastructure 

Elements: 2010 Sulfur Dioxide National Ambient Air Quality Standard

Dear Mr. Conroy:

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

implement, maintain and enforce the 2010 sulfur dioxide (SO2) national ambient air quality 

standard (NAAQS). These plans must identify the administrative structure by which states will 

meet such basic requirements as emissions inventories, monitoring and modeling to assure attainment 

and maintenance of the NAAQS.

As demonstrated in the enclosed package, this revision to the Connecticut’s State Implementation 

Plan (SIP), as identified in 40 CFR 52, subpart H, will satisfy CAA section 110(a)(1) and (2) 

infrastructure requirements for the 2010 SO2 NAAQS after promulgation of the identified regulatory 

updates. This submission also includes the necessary documentation to satisfy the public 

participation requirements of 40 CFR 51, Appendix V, Section 2.1. The structure of this submission 

is as follows:

Enclosure A: Explanation of the Adequacy of Connecticut’s SIP with Regard to the 

Infrastructure Elements for the 2010 SO2 NAAQS

Enclosure B: Connecticut General Statutes (CGS) to be Included in the SIP

- CGS section 22a-171, satisfying the consultation requirements of CAA Section 121, as 

specified by CAA Section 110(a)(2)(J)

- CGS section 16a-21a, partially satisfying the requirements of CAA section 110(a)(2)(A)

Enclosure C: Public Participation Documentation

– Attachment 1: Notice of public hearing and comment period

– Attachment 2: Certification of public participation

– Attachment 3: Hearing report, addressing all comments received

The Connecticut Department of Energy and Environmental Protection (DEEP) submitted a 

revised designation recommendation to the Environmental Protection Agency (EPA) on March 

14, 2013, including a detailed technical report containing both monitoring and modeling 

analyses. These analyses demonstrate that a statewide designation of attainment with the 2010 SO2

NAAQS is appropriate for Connecticut, based on DEEP’s analysis of monitoring data and key SO2

Enclosure A

Adequacy Determination of the Connecticut State Implementation Plan for

Clean Air Act Section 110(a) Infrastructure Elements:

2010 National Ambient Air Quality Standard for Sulfur Dioxide

Background

On March 14, 2013, the Connecticut Department of Energy and Environmental Protection 

(DEEP) submitted a revised designation recommendation1for the 2010 National Ambient Air 

Quality Standard (NAAQS) for sulfur dioxide (SO2) to the Environmental Protection Agency

(EPA). The submission included a detailed technical report containing both monitoring and 

modeling analyses developed consistent with EPA‟s most recent draft guidance2. The technical 

analyses demonstrate that a statewide designation of attainment with the 2010 SO2 NAAQS is 

appropriate for Connecticut, based on DEEP‟s analysis of actual SO2 emissions3from 

Connecticut‟s largest sources.

Given public health and environmental impacts of SO2, DEEP continues to pursue a 

comprehensive suite of common sense actions that will reduce SO2 emissions and assist 

Connecticut in meeting its regional haze commitments, reducing acid deposition and secondary 

fine particle formation, and maintaining compliance with the 2010 SO2 NAAQS. DEEP is 

actively engaged in reducing the allowable sulfur emission rates from permitted and registered 

sources. Our research indicates the fuels available in Connecticut have much lower sulfur 

contents than allowed by law and a number of efforts are underway that are anticipated to reduce 

the allowable sulfur content of fuels in Connecticut. This fact has lead many facilities to 

voluntarily modify their issued permits and registrations to reduce the allowable sulfur content of 

their fuel. Additionally, section 16a-21a of the Connecticut General Statutes (CGS) restricts the 

sulfur content of home heating oil to 15 parts per million (ppm) when the states of New York, 

Massachusetts and Rhode Island institute similar restrictions. New York and Massachusetts 

already have such requirements in place. Rhode Island is expected to take final action in 2013. 

As of this writing, the Connecticut legislature is considering amendments to CGS section 16a21a4

to provide greater certainty to the date on which 15 ppm sulfur heating oil will be required 

for sale in Connecticut. This legislative proposal is intended to implement a portion of 

Connecticut‟s final Comprehensive Energy Strategy.5

 

1

See http://www.ct.gov/deep/cwp/view.asp?a=2684&Q=481006&deepNav_GID=1619.

2

“SO2 NAAQS Designations Modeling Technical Assistance Document”; EPA; May 2013 DRAFT.

3 DEEP modeled all sources with actual annual emissions of 100 tons per year SO2.

4

See Section 18 of Substitute House Bill 6360 (2013 Session of the Connecticut General Assembly).

5

See 2013 Comprehensive Energy Strategy for Connecticut, Finalized February 19, 2013.
Introduction

On June 2, 2010, the EPA revised the primary SO2 NAAQS, establishing a new 1-hour standard 

at a level of 75 parts per billion (ppb), based on the 3-year average of the annual 99th percentile 

of 1-hour daily maximum concentrations (40 CFR 50.17). EPA‟s action also provided for the 

automatic future revocation of the previous annual and 24-hour primary SO2 NAAQS in most 

areas, to take effect one-year after the effective date of designation for each area under the new 

NAAQS (40 CFR 50.4(e)). EPA elected to provide for revocation of the previous NAAQS after 

concluding that the new 1-hour NAAQS will generally maintain 24-hour and annual SO2

concentrations well below the levels of the current 24-hour and annual NAAQS. 

EPA had initially planned to make final area designations by June 2, 2012, in accordance with

the two-year timeline of Clean Air Act (CAA) section 107(d)(1)(B). On July 27, 2012, EPA 

issued a notice extending the deadline for area designations by up to one year due to insufficient 

information to establish designations, as allowed by section 107(d)(1)(B). In early February 

2013, EPA notified several states of the agency‟s intention to establish nonattainment areas by 

early June 2013 based on available monitoring data showing 2011 design values violating the 

2010 SO2 NAAQS. For other areas without violating monitors, including Connecticut, EPA 

intends to address initial designations in separate future actions, using a comprehensive 

implementation strategy that focuses on identifying and addressing unhealthy levels of SO2. 

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

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

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

comprehensive air quality management infrastructure, including enforceable emission 

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

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

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

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

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

for Federal class I areas (national parks and wilderness areas). By operation of law, this

infrastructure SIP revision is due to EPA by June 3, 2013, three years after promulgation of the 

revised SO2 NAAQS.

Infrastructure SIP Requirements

DEEP hereby reviews its program infrastructure in relation to the 2010 SO2 NAAQS for each of 

the required CAA section 110(a)(2) infrastructure elements. Details of how Connecticut‟s SIP 

now satisfies or will, after revision, satisfy the infrastructure requirements are set out in Table 1 

below.

Recognizing the need for a regulatory update with respect to several recent NAAQS revisions by 

EPA, DEEP is currently preparing revisions to section 22a-174-24 of the Regulations of 

Connecticut State Agencies (RCSA). The revisions will ensure consistency between state and 

Federal ambient air quality standards, including the 2010 SO2 NAAQS. DEEP commits to 
pursue adoption of such regulatory revisions and seeks to complete the adoption process by the 

end of calendar year 2013.

DEEP is submitting the current version of CGS section 16a-21a for inclusion in the SIP (see 

Enclosure B). As described above, this statute restricts the sulfur content of home heating oil to 

15 parts per million (ppm), effective when the states of New York, Massachusetts and Rhode 

Island institute similar restrictions.

In response to a comment received from EPA Region 1, DEEP is also submitting CGS section 

22a-171 for inclusion in the SIP (see Enclosure B). This statute directs the DEEP Commissioner 

to advise and consult with various government officials and other affected groups regarding air 

pollution control activities, meeting the CAA section 121 consultation requirements referenced 

by CAA section 110(a)(2)(J).
TABLE 1

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

110(a)(1) and (2) Program Infrastructure Elements for Sulfur Dioxide (SO2)

1

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

110(a)(2)(A) 

Emission limits 

and other 

control 

measures

..."include enforceable emission 

limitations and other control measures, 

means, or techniques (including economic 

incentives such as fees, marketable 

permits, and auctions of emissions rights), 

as well as schedules and timetables for 

compliance..."

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

repeal ... such environmental standards, criteria and regulations ... as are necessary 

and proper to carry out his functions, powers and duties." It is under this general 

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

measures for a variety of sources and pollutants. 

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

regulations and issue permits to control air pollution.

CGS Section 16a-21a Limits the sulfur content of home heating oil and off-road 

diesel fuel. The current version of this statute is included in this SIP revision.

The sections of Connecticut‟s air quality regulations that specify or are used to 

establish emissions limits related to the control of SO2 include:

RCSA 22a-174-3a(i) Ambient air quality analysis2.

RCSA 22a-174-3a(j) BACT.

RCSA 22a-174-3a(k) PSD2.

RCSA 22a-174-3a(l) Non-attainment areas, LAER.

RCSA 22a-174-19 Control of sulfur compound emissions3.

RCSA 22a-174-19a Control of sulfur dioxide emissions from power plants and other 

 

1

CAA refers to the Clean Air Act.

 CGS refers to the Connecticut General Statutes.

 RCSA refers to the Regulations of Connecticut State Agencies.

 CFR refers to the Code of Federal Regulations.

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

 Commissioner refers to the Commissioner of the DEEP.

2 DEEP recognizes that EPA may, at some point in the future, establish a short-term Prevention of Significant Deterioration (PSD) increment, significant impact

level, significant emission rate, and/or significant monitoring level for the 2010 1-hour SO2 NAAQS. If that occurs, DEEP commits to pursue adoption of

appropriate regulatory revisions within a reasonable period following EPA‟s final adoption of required PSD program parameters.

3 DEEP is currently preparing proposed regulatory revisions that would reduce the sulfur content of distillate oil, residual oil and other non-transportation fuels 

sold or used in Connecticut to provide for continued maintenance of the 2010 SO2 NAAQS.
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

large stationary sources of air pollution.

RCSA 22a-174-24(d) Primary ambient air quality standards for SO2

4

.

RCSA 22a-174-24(e) Secondary ambient air quality standards for SO2

4

.

RCSA 22a-174-38 Municipal Waste Combustors.

 

110(a)(2)(B) 

Ambient air 

quality 

monitoring/data 

system 

... “provide for establishment and 

operation of appropriate devices, methods, 

systems, and procedures necessary to (i) 

monitor, compile, and analyze data on 

ambient air quality, and (ii) upon request, 

make such data available to the 

Administrator.”

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

necessary to control air pollution.

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

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

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

Annual Air Monitoring Network Plan was submitted on July 12, 2012.5 DEEP 

previously submitted the required Ambient Air Monitoring 5-Year Network 

Assessment on August 9, 2010.

110(a)(2)(C) 

Program for 

enforcement of 

control 

measures

... “include a program to provide for the 

enforcement of the measures described in 

subparagraph (A), and regulation of the 

modification and construction of any 

stationary source within the areas covered 

by the plan as necessary to assure that 

national ambient air quality standards are 

achieved, including a permit program as 

required in parts C and D;”

CGS Section 22a-6(a)(5). "The commissioner may ... in accordance with

constitutional limitations, enter at all reasonable times, without liability, upon any 

public or private property, except a private residence, for the purpose of inspection 

and investigation to ascertain possible violations of any statute, regulation, order or 

permit administered, adopted or issued by him and the owner, managing agent or 

occupant of any such property shall permit such entry . . ."

CGS Section 22a-6b Imposition of civil penalties by the commissioner.

CGS Section 22a-7(d) Civil actions.

CGS Section 22a-171 “The commissioner shall . . . (4) adopt, amend, repeal and 

enforce regulations . . . and do any other act necessary to enforce the provisions of 

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

CGS Section 22a-175 Penalties for violations.

CGS Section 22a-176 Consideration in making regulations and issuing orders.

CGS Section 22a-177 Enforcement of Regulations. Complaints.

CGS Section 22a-178 Orders to correct violations.

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

 

4 DEEP is currently preparing revisions to RCSA 22a-174-24 to ensure consistency with the 2010 1-hour SO2 NAAQS, as well as other NAAQS recently revised 

by EPA. In the interim, pursuant to 40 CFR 52.14, DEEP will continue to apply the 2010 SO2 NAAQS.

5 DEEP is currently preparing the 2013 Annual Air Monitoring Network Plan.
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

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

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

modifications.

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

cases.

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

section sets out DEEP‟s NSR permit program requirements.

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 DEEP to be known as enforcement personnel, who shall, 

acting with or without complaints, conduct investigations and ascertain whether the 

Commissioner's regulations are being complied with.”

110(a)(2)(D) 

Interstate 

transport

... “contain adequate provisions - (i) 

prohibiting, consistent with the provisions 

of this title, any source or other type of 

emissions activity within the State from 

emitting any air pollutant in amounts 

which will - (I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State with 

respect to any such national primary or 

secondary ambient air quality standard, or 

(II) interfere with measures required to be 

included in the applicable implementation 

Connecticut sources do not significantly contribute to any monitored sulfur dioxide 

violations in other states, as evidenced in the “120-day letters” issued in February 

20136by EPA addressing proposed nonattainment designations for the 1-hour SO2

NAAQS. Available modeling7also supports the conclusion that SO2 emissions from 

Connecticut sources do not contribute to nonattainment or maintenance issues of the 

SO2 NAAQS in any other state. In addition, EPA‟s CSAPR modeling analysis8

concluded that SO2 emissions from Connecticut do not contribute significantly to 

PM2.5 NAAQS concerns in other states. Connecticut‟s SO2 emissions are projected to 

continue to decline through at least the year 20259, further reducing any impacts from 

Connecticut on other states.

 

6

See http://www.epa.gov/so2designations/regs.html. EPA has not identified any violating SO2 monitors in any state bordering Connecticut.

7 On March 14, 2013, DEEP submitted a modeling analysis to EPA in support of a statewide designation of attainment for the 1-hour SO2 NAAQS. The analysis 

examined impacts from Connecticut‟s largest sources, demonstrating that existing Connecticut sources do not cause violations of the SO2 NAAQS within or 

outside the state‟s borders. In addition, Connecticut‟s NSR procedures (RCSA 22a-174-3a) require proposed new and modified sources to demonstrate they do 

not significantly contribute to NAAQS or PSD increment violations in Connecticut or nearby states.

8

See http://www.epa.gov/airtransport/CSAPR/pdfs/AQModeling.pdf.

9 On June 22, 2012, DEEP submitted a PM2.5 Redesignation/Maintenance SIP to EPA that includes SO2 emissions projections for Fairfield and New Haven

Counties. SO2 emissions in those two counties are projected to decrease by more than 40% between 2007 and 2025. Similar reductions are expected

throughout the rest of the state.
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

plan for any other State under part C to 

prevent significant deterioration of air 

quality or to protect visibility, (ii) insuring 

compliance with the applicable 

requirements of sections 126 and 115 

(relating to interstate and international 

pollution abatement);”

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

nonattainment new source review requirements. Connecticut‟s PSD program is SIP 

approved.

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

The EPA Administrator signed final approval of the SIP on April 26, 2013.

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

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

modifications.

10

No source or sources within Connecticut are the subject of an active finding under 

section 126 of the CAA with respect to any air pollutant.

110(a)(2)(E) 

Adequate 

resources 

... “provide (i) necessary assurances that 

the State (or, except where the 

Administrator deems inappropriate, the 

general purpose local government or 

governments, or a regional agency 

designated by the State or general purpose 

local governments for such purpose) will 

have adequate personnel, funding, and 

authority under State (and, as appropriate, 

local) law to carry out such 

implementation plan (and is not prohibited 

by any provision of Federal or State law 

from carrying out such implementation 

plan or portion thereof), 

CGS Section 22a-171 Duties of the Commissioner of Energy and Environmental 

Protection “shall (1) initiate and supervise programs for the purposes of determining 

the causes, effect and hazards of air pollution; (2) initiate and supervise state-wide 

programs of air pollution control education; (3) cooperate with and receive money 

from the federal government and, with the approval of the Governor, from any other 

public or private source; (4) adopt, amend, repeal and enforce regulations as provided 

in section 22a-174 and do any other act necessary to enforce the provisions of this 

chapter and section 14-164c; (5) advise and consult with agencies of the United 

States, agencies of the state, political subdivisions and industries and any other 

affected groups in furtherance of the purposes of this chapter.”

Performance Partnership Agreement Process In an annually updated agreement, 

EPA Region 1 and DEEP identify a joint agenda for environmental progress and 

expectations for the state/federal partnership. The agreement specifies resource 

commitments for each year and represents an evolving, collaborative approach that 

establishes priorities among competing demands for limited resources.

 

10 On September 27, 2012, DEEP submitted a SIP revision to EPA amending RCSA 22a-174-2a to make explicit the requirement for DEEP to provide notice to

nearby states, consistent with CAA section 126 and 40 CFR 51.166(q).
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

(ii) requirements that the State comply 

with the requirements respecting State 

boards under section 128, and (iii) 

necessary assurances that, where the State 

has relied on a local or regional 

government, agency, or instrumentality for 

the implementation of any plan provision, 

the State has responsibility for ensuring 

adequate implementation of such plan 

provision;”

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

provisions requiring the DEEP commissioner to disclose any potential conflicts of 

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

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

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

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

substantial conflict of interest exists. CGS section 1-85 was submitted for EPA 

approval on December 28, 2012 along with the Ozone Infrastructure SIP.

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

on local or regional governments or agencies to carry out this responsibility.

110(a)(2)(F) 

Stationary 

source 

monitoring 

system

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

Administrator - (i) the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources to monitor 

emissions from such sources, (ii) periodic 

reports on the nature and amounts of 

emissions and emissions-related data from 

such sources, and (iii) correlation of such 

reports by the State agency with any 

emission limitations or standards 

established pursuant to this Act, which 

reports shall be available at reasonable 

times for public inspection;”

CGS Section 22a-6(a)(5) “The commissioner may, in accordance with

constitutional limitations, enter at all reasonable times, without liability, upon any 

public or private property, except a private residence, for the purpose of inspection 

and investigation to ascertain possible violations of any statute, regulation, order or 

permit administered, adopted or issued by him and the owner, managing agent or 

occupant of any such property shall permit such entry ...”

CGS Section 22a-174(c) Various powers of the commissioner related to permitting, 

inspections, and recordkeeping.

RCSA section 22a-174-4 Source monitoring, record keeping and reporting. 

Paragraph (d)(1) states: “The commissioner may, by written notice, require the owner

or operator of any source to create, maintain and submit data, records or reports of 

monitoring data and other information deemed necessary by the commissioner to 

evaluate compliance with chapter 446c of the Connecticut General Statutes and 

regulations promulgated thereunder. Such information shall be recorded, compiled 

and submitted on forms furnished or prescribed by the commissioner. The written 

notice shall provide the date by which such data, records or reports shall be submitted 

to the commissioner.”

RCSA section 22a-174-5 Methods for sampling, emission testing, sample analysis, 

and reporting.

Subsection (e)(1) states: “The owner or operator of a stationary source of air

pollution with maximum uncontrolled emissions of any particular air pollutant 

greater than one hundred (100) tons per year shall be required to carry out emission 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

tests as prescribed by the Commissioner. Such test or tests shall be conducted at 

such intervals as the Commissioner may specify for an individual stationary source.” 

Subsection (e)(2) states: “In addition to the emission tests required in subdivision 

22a-174-5(e)(1), the commissioner may require the owner or operator of any 

stationary source to conduct emission tests of emissions.”

RCSA section 22a-174-10 Public availability of information. Paragraph (a) states:

“Any records, reports or other information obtained by the Commissioner or on file 

with the department shall, pursuant to the provisions of sections 1-7 through 20 of the 

General Statutes, as amended, be made available to the public.”

110(a)(2)(G) 

Emergency 

power

... “provide for authority comparable to 

that in section 303 and adequate 

contingency plans to implement such 

authority;”

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

RCSA section 22a-174-6 Air pollution emergency episode procedures. This section 

describes the existing emergency episode procedures in place, which are consistent 

with the significant harm levels as indicated in 40 CFR Part 51.151.

110(a)(2)(H) 

Future SIP 

revisions

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

from time to time as may be necessary to 

take account of revisions of such national 

primary or secondary ambient air quality 

standard or the availability of improved or 

more expeditious methods of attaining 

such standard, and (ii) except as provided 

in paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the Administrator 

that the plan is substantially inadequate to 

attain the national ambient air quality 

standard which it implements or to 

otherwise comply with any additional 

requirements established under this Act;”

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

necessary to control and prohibit air pollution.

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

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

revised when necessary.”

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

DEEP submitted Infrastructure SIP revisions for the 2008 ozone NAAQS and 2010 

NO2 NAAQS on December 28, 2012 and January 2, 2013, respectively.
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(I)

Nonattainment

area plans

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

for an area designated as a nonattainment 

area, meet the applicable requirements of 

part D of this subchapter (relating to non 

attainment areas).”

EPA has yet to propose designations for Connecticut for the 2010 SO2 NAAQS. On 

March 14, 2013, DEEP submitted ample evidence to EPA supporting a designation of 

statewide attainment. EPA has previously determined11 that nonattainment-related 

provisions of CAA section 110(a)(2) do not need to be addressed as part of 

infrastructure SIP submittals because other sections of the CAA specify later due 

dates for those provisions.

110(a)(2)(J) 

Consultation 

with government 

officials

... “meet the applicable requirements of 

section 121 (relating to consultation)

CGS Section 22a-171. Duties of Commissioner of Energy and Environmental

Protection. “... (5) advise and consult with agencies of the United States, agencies of 

the state, political subdivisions and industries and any other affected groups in 

furtherance of the purposes of this chapter.” DEEP is submitting CGS Section 22a171 for inclusion in the SIP.

CGS Section 22a-174(d). “The commissioner shall have all incidental powers to 

carry out the purposes of [Chapter 446c, entitled “Air Pollution Control,” which 

encompasses CGS Sections 22a-170 through 22a-206] . . .

CGS Chapter 54. Uniform Administrative Procedures Act.

State Implementation Plan Revision Advisory Committee (SIPRAC).

Established in 1972 and generally meets each month.

RCSA Section 22a-174-2a. Specifies administrative requirements for the new 

source review (NSR) program, including notification to government entities 

concerning major source permits and modifications.

110(a)(2)(J) 

Public 

notification

... “meet the applicable requirements of 

section 127 (relating to public 

notification),”

CGS Section 4-168 Notice prior to action on regulations.

CGS Section 22a-171 Duties of Commissioner of Energy and Environmental

Protection....“(2) Initiate and supervise state-wide programs of air pollution control

education;”

CGS Section 22a-174(d) “The commissioner shall have all incidental powers to 

carry out the purposes of [Chapter 446c, entitled “Air Pollution Control,” which 

encompasses CGS Sections 22a-170 through22a-206] . . .

 

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

October 16, 2012.
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

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

Title V permitting. Public notice.

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

Title V permitting. Public Comment and Hearings.

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

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

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

110(a)(2)(J) PSD 

and visibility 

protection

... “meet the applicable requirements of 

part C (relating to prevention of 

significant deterioration of air quality and 

visibility protection);” (See Footnote 12)

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

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

modifications13.

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

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

110(a)(2)(K) Air 

quality 

modeling/data

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

such air quality modeling as the 

Administrator may prescribe for the 

purpose of predicting the effect on 

ambient air quality of any emissions of 

any air pollutant for which the 

Administrator has established a national 

ambient air quality standard, and (ii) the 

submission, upon request, of data related 

to such air quality modeling to the 

Administrator;”

CGS section 22a-5. Duties and powers of the commissioner “The commissioner 

shall carry out the environmental policies of the state and shall have all powers 

necessary and convenient to faithfully discharge this duty. In addition to, and 

consistent with the environment policy of the state, the commissioner shall (a) 

promote and coordinate management of water, land and air resources to assure their 

protection, enhancement and proper allocation and utilization; ... (e) provide for the 

prevention and abatement of all water, land and air pollution including, but not 

limited to, that related to particulates, gases, dust, vapors, noise, radiation, odors, 

nutrients and cooled or heated liquids, gases and solids; ...” 

RCSA section 22a-174-3a(i) Ambient Air Quality Analysis: “The commissioner 

may request any owner or operator to submit an ambient air quality impact analysis 

using applicable air quality models and modeling protocols approved by the 

commissioner.”

 

12 EPA has interpreted the CAA Section 110(a)(2)(J) provision on visibility as not being „triggered‟ because the visibility requirements in Part C are not changed 

by a new NAAQS. For example, see EPA‟s July 23, 2012 proposed Federal Register approval of Connecticut‟s PM2.5 Infrastructure SIP, finalized on October 

16, 2012.

13 On September 27, 2012, DEEP submitted a SIP revision to EPA amending RCSA 22a-174-2a to make explicit the requirement for DEEP to provide notice to

nearby states, consistent with CAA section 126 and 40 CFR 51.166(q).
CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(L) 

Permitting fees

... “require the owner or operator of each 

major stationary source to pay to the 

permitting authority, as a condition of any 

permit required under this Act, a fee 

sufficient to cover - (i) the reasonable 

costs of reviewing and acting upon any 

application for such a permit, and (ii) if 

the owner or operator receives a permit for 

such source, the reasonable costs of 

implementing and enforcing the terms and 

conditions of any such permit (not 

including any court costs or other costs 

associated with any enforcement action), 

until such fee requirement is superseded 

with respect to such sources by the 

Administrator's approval of a fee program 

under title V;”

CGS Section 22a-6(a)(10) The commissioner may . . . by regulations adopted in 

accordance with the provisions of chapter 54 require the payment of a fee sufficient 

to cover . . . the reasonable cost of reviewing and acting upon an application for and 

monitoring compliance with the terms and conditions of any state or federal permit, 

license, registration, order, certificate or approval required . . .

CGS Section 22a-6f. Fees

CGS Section 22a-174(g) “The commissioner shall require, by regulations adopted in 

accordance with the provisions of chapter 54, the payment of a permit application fee 

sufficient to cover the reasonable costs of reviewing and acting upon an application 

for, and monitoring compliance with the terms and conditions of, any state or federal 

permit, license, order, certificate or approval required pursuant to this section. . . .”

RCSA section 22a-174-26(c)(1) “Each person to whom the commissioner issues a 

permit, or a modification or renewal thereto, under section 22a-174-3a, section 22a174-2a and section 22a-174-19 of the Regulations of Connecticut State Agencies 

shall pay a permit fee as prescribed in the fee schedule in subdivision (2) of this 

subsection.” The fee schedule is set forth in Table 26-1 of subsection 2.

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

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

FR 31966 (May 13, 2002)).

110(a)(2)(M) 

Consultation/

participation by 

affected local 

entities

... “provide for consultation and 

participation by local political 

subdivisions affected by the plan.”

CGS Section 4-168 Notice prior to action on regulations.

Connecticut Air Quality Implementation Plan, Chapter 12 “Intergovernmental 

Relations” (March 3, 1972) “The State will take immediate action in coordinating 

and delegating new responsibilities to local agencies that are prepared to accept the 

responsibility.”

State Implementation Plan Revision Advisory Committee (SIPRAC)

Established in 1972 and generally meets each month.
Enclosure B

Connecticut General Statutes

to be Included in the 

State Implementation Plan

CGS section 22a-171

CGS 16a-21a
GENERAL STATUTES

OF

CONNECTICUT

Revised to January 1, 2013

(Prepared under the direction of the Legislative Commissioners’ Office)

Sec. 22a-171. (Formerly Sec. 19-507). Duties of Commissioner of Energy and 

Environmental Protection. The commissioner shall (1) initiate and supervise programs for the 

purposes of determining the causes, effect and hazards of air pollution; (2) initiate and supervise 

state-wide programs of air pollution control education; (3) cooperate with and receive money 

from the federal government and, with the approval of the Governor, from any other public or 

private source; (4) adopt, amend, repeal and enforce regulations as provided in section 22a-174 

and do any other act necessary to enforce the provisions of this chapter and section 14-164c; (5) 

advise and consult with agencies of the United States, agencies of the state, political subdivisions 

and industries and any other affected groups in furtherance of the purposes of this chapter.

(1967, P.A. 754, S. 3; 1969, P.A. 758, S. 3; 1971, P.A. 872, S. 12; P.A. 84-546, S. 132, 173.)

History: 1969 act made minor language changes; 1971 act replaced Subdiv. (d), substituting 

“adopt, amend and enforce regulations” for “enforce regulations adopted by the commission”; 

Sec. 19-507 transferred to Sec. 22a-171 in 1983 and alphabetic Subdiv. indicators replaced 

editorially by the Revisors with numeric indicators; P.A. 84-546 made technical changes to 

section, replacing reference to Sec. 14-100c with reference to Sec. 14-164c.

Information retrieved by DEEP from the State of Connecticut General Assembly website on May 24, 2013.
GENERAL STATUTES

OF

CONNECTICUT

Revised to January 1, 2013

(Prepared under the direction of the Legislative Commissioners’ Office)

Sec. 16a-21a. Sulfur content of home heating oil and off-road diesel fuel. Suspension of 

requirements for emergency. (a)(1) The amount of sulfur content of the following fuels sold, 

offered for sale, distributed or used in this state shall not exceed the following percentages by 

weight: (A) For number two heating oil, three-tenths of one per cent, and (B) for number two 

off-road diesel fuel, three-tenths of one per cent.

(2) Notwithstanding subdivision (1) of this subsection, the amount of sulfur content of number 

two heating oil sold, offered for sale, distributed or used in this state shall not exceed the 

following percentages by weight: (A) For the period beginning July 1, 2011, and ending June 30, 

2014, fifty parts per million, and (B) on and after July 1, 2014, fifteen parts per million.

(3) The provisions of subdivision (2) of this subsection shall not take effect until the states of 

New York, Massachusetts and Rhode Island each have adopted requirements that are 

substantially similar to the provisions of said subdivision.

(b) As of the date on which the last of the states of New York, Massachusetts and Rhode 

Island limits the sulfur content of number two heating oil to one thousand five hundred parts per 

million, the sulfur content of number two heating oil sold, offered for sale, distributed or used in 

this state shall not exceed one thousand five hundred parts per million.

(c) As of the date on which the last of the states of New York, Massachusetts and Rhode 

Island limits the sulfur content of number two heating oil to one thousand two hundred fifty parts 

per million, the sulfur content of number two heating oil sold, offered for sale, distributed or 

used in this state shall not exceed one thousand two hundred fifty parts per million.

(d) As of the date on which the last of the states of New York, Massachusetts and Rhode 

Island limits the sulfur content of number two heating oil to five hundred parts per million, the 

sulfur content of number two heating oil sold, offered for sale, distributed or used in this state 

shall not exceed five hundred parts per million.
(e) As of the date on which the last of the states of New York, Massachusetts and Rhode 

Island limits the sulfur content of number two off-road diesel fuel to five hundred parts per 

million, the sulfur content of number two off-road diesel fuel offered for sale, distributed or used 

in this state shall not exceed five hundred parts per million.

(f) The Commissioner of Energy and Environmental Protection may suspend the requirements

of subsections (a) to (e), inclusive, of this section if the commissioner finds that the physical 

availability of fuel which complies with such requirements is inadequate to meet the needs of 

residential, commercial or industrial users in this state and that such inadequate physical 

availability constitutes an emergency provided the commissioner shall specify in writing the 

period of time such suspension shall be in effect.

(P.A. 95-68, S. 1, 2; P.A. 06-143, S. 1; P.A. 08-124, S. 6; P.A. 10-74, S. 1; P.A. 11-80, S. 1.)

History: P.A. 95-68 effective January 1, 1996; P.A. 06-143 added new Subsecs. (b), (c) and 

(d) re graduated permissible sulfur contents for number two heating oil, added new Subsec. (e) re 

permissible sulfur content for number two off-road diesel fuel, redesignated existing Subsec. (b) 

as Subsec. (f), allowed suspension of requirements of Subsecs. (a) to (e) if commissioner finds 

inadequate physical fuel availability constitutes an emergency and made technical changes, 

effective June 6, 2006; P.A. 08-124 made technical changes in Subsecs. (b) to (e), effective June 

2, 2008; P.A. 10-74 amended Subsec. (a) by designating existing provisions as Subdiv. (1), 

making technical changes therein and adding Subdiv. (2) re weight percentage sulfur content

limit of number two heating oil and Subdiv. (3) re when provisions of Subdiv. (2) shall take 

effect, effective July 1, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental 

Protection” was changed editorially by the Revisors to “Commissioner of Energy and 

Environmental Protection” in Subsec. (f), effective July 1, 2011.

Information retrieved by DEEP from the State of Connecticut General Assembly website on May 24, 2013.
Enclosure C

Public Participation Documentation

Attachment 1: Notice of public hearing and comment period

Attachment 2: Certification of public participation

Attachment 3: Hearing report
79 Elm Street • Hartford, CT 06106‐5127    www.ct.gov/deep         Affirmative Action/Equal Opportunity Employer

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

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

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

and (2) of the Clean Air Act (CAA) with respect to the 2010 1-hour sulfur dioxide (SO2) national 

ambient air quality standard (NAAQS). DEEP is also proposing to incorporate the current 

version of section 16a-21a of the Connecticut General Statutes into the SIP to help maintain 

continued compliance with the 1-hour SO2 NAAQS. 

The SIP revisions will be submitted to the U.S. Environmental Protection Agency (EPA) for 

review and approval. The CAA section 110(a)(1) and (2) requirements, which are referred to as 

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

maintain and enforce a revised NAAQS. The authority to adopt these SIP revisions is granted by 

sections 22a-5 and 22a-174 of the Connecticut General Statutes. This notice is required pursuant 

to 40 Code of Federal Regulations 51.102. 

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

no later than 4:30 PM on May 1, 2013 to Michael Geigert, DEEP, Bureau of Air Management, 

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

facsimile to (860) 706-5339 or by electronic mail to michael.geigert@ct.gov. 

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

and location described below if a request for such a hearing is made on or before April 26, 2013. 

Any person giving oral comments at the hearing will be asked to submit a written copy of such 

comments. 

PUBLIC HEARING 

May 1, 2013 

1:00 p.m. 

DEEP, 5th Floor, Holcombe Room 

79 Elm Street, Hartford, CT 06106 

A request for hearing may be made by any individual by telephone (860-424-3026) or electronic 

mail (michael.geigert@ct.gov). Such a request must be made by 4:30 PM on April 26, 2013. 

If no request for a hearing is received by April 26, 2013, the hearing will be cancelled. 

Information on the status of the hearing will be posted on the Department’s website at 

http://www.ct.gov/deep/cwp/view.asp?a=2684&Q=481006&deepNav_GID=1619 as of noon on 

April 29, 2013. Questions concerning the cancellation of the public hearing may be directed to 

Michael Geigert at 860-424-3026 or michael.geigert@ct.gov. 

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

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

are posted on DEEP’s website at: 

http://www.ct.gov/deep/cwp/view.asp?a=2684&Q=481006&deepNav_GID=1619 


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

Attachment 3

HEARING REPORT

Prepared Pursuant to Code of Federal Regulations Title 40, Part 52

Regarding Revisions to the State Implementation Plan for Air Quality

Hearing Officer: Michael Geigert

On March 25, 2013, the Deputy Commissioner of the Connecticut Department of Energy and 

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

for air quality to address the infrastructure requirements of section 110(a)(1) and (a)(2) of the federal 

Clean Air Act (CAA) with respect to the 2010 sulfur dioxide (SO2) national ambient air quality standard 

(NAAQS). Pursuant to such notice, DEEP provided an opportunity for the public to provide written 

comments and to request that DEEP hold a public hearing. Written comments were accepted through the 

end of the public comment period on May 1, 2013. No request for a public hearing was received, thus 

none was held.

I. Overview

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

through the comment period and DEEP’s responses.

II. Summary of the Revisions as Proposed

The CAA requires states to submit SIP revisions to address the requirements of CAA section 110(a)(1) 

and (2) within three years of promulgation of a revised NAAQS. The federal Environmental Protection 

Agency (EPA) promulgated the 1-hour SO2 NAAQS on June 2, 2011, prompting the preparation and 

proposal of the subject SIP revision. The CAA section 110(a)(1) and (2) requirements, which are referred 

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

and enforce revised NAAQS.

The proposed SIP revision includes a table summarizing existing Connecticut regulations and statutes that 

satisfy the CAA 110(a)(2) infrastructure requirements for the SO2 NAAQS. DEEP concludes that the 

provisions of current regulations and statutes, when supplemented with the following actions, will meet 

all of the required elements of CAA section 110(a)(2):

1) The proposed SIP revision notes that DEEP is currently drafting revisions to section 22a-174-

24 of the Regulations of Connecticut State Agencies (RCSA) concerning the adoption of air 

quality standards to ensure consistency with the 2010 SO2 NAAQS, as well as other NAAQS 

recently revised by EPA. The proposal includes a commitment to pursue adoption of such 

regulatory revisions, seeking to complete the process by the end of calendar year 2013. In the 

interim, pursuant to 40 CFR 52.14, DEEP indicates it will continue to apply the 2010 SO2

NAAQS.
2

2) The proposed SIP revision proposes to incorporate the current version of Conn. Gen. Stat. 

§16a-21a into the SIP. The statute includes a provision restricting the sulfur content of home 

heating oil to 15 parts per million when the states of New York, Massachusetts and Rhode 

Island institute similar restrictions.

3) The proposed SIP revision recognizes that EPA may, at some point in the future, establish a 

short-term Prevention of Significant Deterioration (PSD) increment, significant impact level, 

significant emission rate, and/or significant monitoring level for the 2010 1-hour SO2 NAAQS. 

When EPA takes such final action, DEEP commits to pursue adoption of appropriate regulatory 

revisions within a reasonable period following adoption of required PSD program parameters.

III. Comments and Responses

DEEP received two sets of comments. The first was from Ida E. McDonnell, Manager, Air Permits, 

Toxics and Indoor Programs Unit, EPA Region 1, Boston, Massachusetts, dated April 30, 2013. The 

second was a more general inquiry requesting clarification received via e-mail from Louis A. Baer, a 

regulatory consultant with Enhesa in Washington, D.C.

All comments are summarized below, with DEEP responses. 

EPA Comment #1: EPA recognizes that DEEP plans to complete revisions to RCSA 22a-174-24 to 

include the 2010 SO2 standard. EPA notes that the revisions must be completed in order to receive full 

approval of the infrastructure SIP.

DEEP Response: DEEP is in the process of updating RCSA section 22a-174-24 to incorporate the 2010 

SO2 NAAQS, as well as other EPA NAAQS revisions. DEEP expects to complete the process before the 

end of 2013.

EPA Comment #2: EPA points out that EPA’s current draft guidance1does not address either prong 1 or 

prong 2 of the CAA section 110(a)(2)(D)(i)(I) requirements, which deal with impacts on other states. As 

a result, EPA suggests that DEEP address those elements at a later time.

DEEP Response: DEEP understands that EPA is in the process of developing policy and guidance to 

address states’ responsibilities under CAA section 110(a)(2)(D)(i)(I). Regardless, DEEP is confident that 

the information cited in the SIP revision provides a compelling case that SO2 emissions from Connecticut 

sources do not significantly contribute to nonattainment in, or interfere with maintenance by, any other 

state with respect to either the SO2 or PM2.5 NAAQS. Therefore, DEEP requests that EPA act to approve 

this element of the SIP revision.

EPA Comment #3: EPA recommends that DEEP include a reference in the SIP revision to 

Connecticut’s SIP-approved PSD program in RSCA Section 22a-174-3(a) to help meet the "interference 

with PSD" prong 3 element of 110(a)(2)(D)(i)(II).

DEEP Response: DEEP agrees and will include the suggested regulatory reference to satisfy the PSD 

prong of CAA section 110(a)(2)(D)(i)(II). As a point of clarification, the proper citation is to RSCA 

Section 22a-174-3a, not RSCA Section 22a-174-3(a).

 

1

“Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) 

and 110(a)(2)”; EPA draft for state/local review; Received by DEEP from EPA Region 1 on February 22, 2013.
3

EPA Comment #4: EPA recommends that DEEP include the following statement partially fulfilling the 

requirements of CAA section 110(a)(2)(D)(ii):

"No source or sources within the state are the subject of an active finding under section 126 of the 

CAA with respect to any air pollutant."

DEEP Response: DEEP agrees and will add the statement to satisfy the requirements of CAA section 

110(a)(2)(D)(ii).

EPA Comment #5: Noting that the proposed SIP revision includes references to a number of state 

statutes, EPA recommends that, when statute(s) are the only program element(s) relied upon to meet a 

specified CAA element, DEEP should include the statute(s) with the submittal for incorporation into the 

SIP. EPA cites as an example the element addressing the consultation requirements of CAA section 

110(a)(2)(J), stating that DEEP will need to submit CGS Section 22a-171 as a revision to the SIP.

DEEP Response: DEEP will include CGS section 22a-171 in this SIP revision to satisfy EPA’s request. 

Based on a review of the proposed SIP revision, all other CAA elements are addressed by at least one 

regulation and/or previous SIP submissions; therefore, no additional statutes need to be included.

EPA Comment #6: DEEP should include a reference to RCSA Section 22a-174-2a to completely meet 

the requirement of section 110(a)(2)(J) regarding consultation with government officials. Section 121 of 

the CAA requires consultation for preconstruction review, commonly known as new source review 

permitting.

DEEP Response: DEEP will include the reference to RCSA Section 22a-174-2a to more completely 

meet the consultation requirement of CAA section 110(a)(2)(J).

Enhesa Inquiry: A consultant sent an e-mail requesting general clarification of what provisions of the 

SIP were being proposed for revision.

DEEP Response: DEEP provided a response by e-mail. This response provided an overview of the 

proposed SIP revision, which included the commitment to pursue revisions to Connecticut’s ambient air 

quality standards set forth in RCSA section 22a-174-24 and the addition of the statute limiting the fuel 

sulfur content of heating oil (i.e., Conn. Gen. Stat. §16a-21a ). DEEP noted that a separate public review 

process will be held to consider the revisions to RCSA section 22a-174-24.

IV. Errata

Table 1 of the draft SIP revision contains an outdated reference to Connecticut’s March 1972 SIP

regarding the CAA section 110(a)(2)(E) requirement to demonstrate adequate resource commitments to 

carry out the SIP. A more current and relevant delineation of priorities and resource commitments is 

provided through the Performance Partnership Agreement (PPA), which is updated annually through a 

collaborative process between DEEP and EPA Region 1. I recommend that Table 1 of the SIP revision 

document be revised to include a description of the PPA process and to remove the reference to the 1972 

SIP.