## ATTACHMENT D-1

November 18, 20o3 CONNECI'ICUT LAW JOURNAL Page 5C 

### DEPARTMENT OF ENVIRONMENTAL PROTECTION Notice of Intent to Revise the Regulations of Connecticut State Agencies and

the State Irnplementation Plan for Air Quality The Commissioner of Environmental Protection hereby gives notice of a public hearing as part of a ru}emaking proceeding. The purpose of this proceeding is to Proposed adopt and

new revise and two regulations concerning the abatement of air pollution. The amended regu}ations concern revisions to section 22a-174-30 (section 30), concerning the dispensing of gasoline/ stage I and stage II vapor recovery, and the adoption ofsection 22a-174-43 (section 43), concerning portable fuel container spillage control, of the Regulations of Connecticut State Agencies. The proposed newand amended rules are described in greater detail below . The Connecticut Department of Environmental Protection (DEP) wilt submit theseregu- lations to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP) for air quality as required, by the federal Clean Air Act (CAA) . The emission reductions associated with the adoption and implementation of section 30 and section 43, in combination with those reductions associated with previously adopted rules regarding municipal waste combusters and mobile equip- ment repairand refinishing sources, are sufficient to offset the EPAshortfall identi- fed in the federally approved one-hour Ozone Attainment Demonstration for the Connecticut portion of the New York-Northern New

Jersey-Long Island (NY-NJ- CT) severe ozone nonattainment area (the Attainment Demonstration) see 66 Fed. Reg, 634, Jan, 3, 2001 and 66 Fed. Reg. 42177, Aug_ 10, 2001 . Sec,tion 30 and section 43, as described in greater detail below, along with the associated emission reductions are being submitted to EPA in lieu of the DEP's earlier commitment to reduce VOCemissions fromcertain consumer Productsource categories. The emis- sions reductions represented by .section 30 and section 43 are sufficient to offset the EPA shortfall identified in the Attainment Demonstration approval . All interested persons are invited to comment on the proposed regulations described below

. Comments should be directed to the attention of Patti Downes of the Department of Environmental Protection, Bureau ofAir Management, Planning and Standards Division, 79 ElmStreet, Hartford, Connecticut, 06106-5127 . In addi- tion to submitting comments at the public hearing described below, comments may be submitted by facsimile to (860) 424-4063 or by electronic mail to Qatricia downP5n ,. __"at ct . All comments must be received by 5:00PM Decem- ber 19, 2003. Section 22a-174-30, Dispensing of Gasoline/ Stage T and Stage II Vapor Recovery, This proposed regulation will produce additional reductions of VOC emissions by requiring the use of "pressure-vacuumvent caps" on gasoline pumps that are already subject to section 30, the stage II vapor control regulation. The proposed changes to section 30 also require the use of a two point closed system for the transfer of gasoline froma gasoline tanker truck to an underground storage tank. Anumberof minorchanges are also proposed for section 30to improve stage II systemmaintenance, clarify testing requirements and increase testing frequency. The delegation provisions of subsection (h) are a}so being clarified_ (NEW) Section 22a-I74-43 Portabl F e uel Container Spillage Control, This proposed newregulation will limit emissions of VOCs by requiring the use ofPage 6C CONNECTICUT LAW JOURNAL Nov ember 18, 2003 portable fuel containers designed to reduce VOC emissions due to spillage and evaporation. The fuel containers subject to this rule range in size fromone quart to ten gallons. This proposed regulation is based on a model rule developed by the Ozone Transport Commission. In addition to accepting written comments, the Department of Environmental Protection will also hold the public hearing described below . Persons appearing at the hearing are requested to submit a written copy oftheirstatement. However, oral comments will also be made part of the record and are welcome. PUBLIC HEARING December 19, 2003 at 1 :30 PM Connecticut Department of Environmental Protection

79 ElmStreet, Fifth Floor Holcombe Conference Room Hartford, CT Copies ofthe proposed regulations described aboveand a statement, in accordance with section 22a-6(h) of the Connecticut General Statutes as amended by Public Act03-276indicatingthat neither section 30norsection 43differfromanyapplicable federal standard or procedure, are available for public inspection during normal business hours from8:30AM - 4:30 PM

at the Bureau ofAir Management, Planning and Standards Division, Fifth floor, 79Elm Street, Hartford, Connecticut. Additional copies of the proposed regulations and related documents are available for review at the Government Information Service Desk (Balcony level) at the Connecticut State Library; Torrington Public Library; New London Public Library; and Bridgeport Public Library. For further information, contact Patti Downes of the Bureau of Air Management at (860) 424-3027. The Department of Environmental Protection supports the goals ofthe Americans with Disabilities Act of 1990 . Any individual who needs auxiliary aids foreffective communication duringthis public hearing orin submitting comments should contact Amanda Anduaga-Roberson, Acting DEPAffirmative Action Administrator at (860) 424-3035 (TDD (860) 424-3333) at least one week before the public hearing. The authority to adopt this plan is granted by sections 22a-6 and 22a-174 of the C .G.S. This notice is required pursuant to C .G.S. sections 4-168, 22a-6 and 22a174, and 40 Code of Federal Regulations Part 51 .102 . Arthur J. Rocque, Jr.

Commissioner