Connecticut Department of

"ENERGY &

ENVIRONMENTAL

PROTECTION

79 Elm Street  ̄ Hartford, CT 06:~06~5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

September 27, 2012

David B. Conroy, Chief

Air Programs Branch

United States Enviromzaental Protection Agency - Region 1

5 Post Office Square - Suite 100

Boston, MA 02109-3912

Revision to the Connecticat State Implementation Phm --

Notification to Arearby States in Connecticat’s

Prevention of Significant Deterioration Permit Program

Dear Mr. Conroy:

Pursuant to 40 CFR 51, Appendix V, Section 2. I(a) and an agreement between the Connecticut Department

of Energy and Environmental Protection (DEEP) and your office dated April 2 I, 2012, I am submitting one

paper copy of this letter and supporting materials to request that your agency approve the enclosed materials

as a revision to the Connecticut State Implementation Plan (SIP) for air quality. A copy has also been made

available to your office by electronic mail, and I certify that such electronic copy is an exact copy of this

paper submission.

This SIP revision was requested by you. The U.S. Environmental Protection Agency (EPA) noted in the

proposed approval of Connecticut’s infrastructure SIP for the 1997 ozone national ambient air quality

standard that Connecticut’s prevention of significant deterioration (PSD) program regulation does not

specifically provide for notice to nearby states per Section 126 of the Clean Air Act (CAA). DEEP

committed by letter dated May 2, 2011 to pursue the enclosed revisions to section 22a-174-2a(b)(5) and (6)

of the Regulations of Connecticut State Agencies, which sets out the procedural requirements for

Connecticut’s PSD program. The revisions became effective in Connecticut on 10 September 2012.

All required state and federal procedures for public participation and in satisfaction of the requirements of 40

CFR 5 I, Appendix V, Section 2 were followed. To demonstrate satisfaction of the federal public

participalion requirements, we have enclosed: a certified copy of the regulatory revisions; the public notice; a

list of attendees at the public hearing; certification of public hearing; and 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 these requirements concerning notice to nearby states and to

implement such requirements. Because the regulatory revision is administrative and has no relationship to

air emissions, no technical support is submitted with this SIP revision.

Please get in touch with me at 860-424-3026 if you have any questions concerning this submission.

ARG/MAG/mag

Enclosures

cc: Anne Arnold, EPA Region !

Sincerely

Anne R. Gobin, Chief

Bureau of Air Management
Attachment A

Attachment B

Attachment C

Attachment D

MATERIALS SUBMITTED 1N SUPPORT OF THIS SIP REVISION

Revisions to RCSA section 22a-174-2a(b)(5) and (6), effective on !0 September

2012 in the form filed with the Secretary of the State, marked with brackets and

underlined text to show the changes to the current SIP requirements.

Public notice as published in the Connecticut Law .Journal and the DEEP

website on 31 January 2012.

Attendees at the public hearing on 6 March 2012, DEEP Headquarters, 79 Elm

Street, Ha~tford, CT

Certification of public hearing

Attachment E Hearing report

Attachment F Copy of the report of the Legislative Commissioners’ Office
Attachment A

Revisions to RCSA section 22a-174-2a(b)(5) and (6)
R-39 Rev. 03/2012

IMPORTANT; Read instructions on

back of last page (Certification Page)

before compieting this form. Failure

to comply with instructions may cause

disapproval of proposed Regulations

State of Connecticut

of

NAME OF AGENCY

Energv and Environmental Protection

Concerning

SUBJECT MATTER OF REGULATION

Amendment of Section 22a-J_74-2a(b} of the

Regulations of Connecticut State Agencies

Subdivisions (5) and (6) of section 22a-174-2a(b) of the Regulations of Couuecticut State

Agencies are revised as follows:

(5) For any permit application pursuant to section 22a-174-33 of the Regulations of

Cormecticut State Agencies, the commissioner shall forward a copy of the notice of tentative

determination[, published in accordmace with subdivision (3) of this subsection,] to:

(A)

(B)

(c)

The individuals who request such notice;

The chief elected official of the municipality where the stationary source is or is

proposed to be located;

The chief executive officer of the nmnicipality where the source is or is proposed

to be located;

(D) The appropriate Co~mecticut regional planning agency;

Any federally recognized Indian governing body whose lands~ may

be affected by emissions from the subject stationary source. In addition to the

notice, a copy of the proposed Title V pexrnit shall be submitted to such federally

recognized Indian governing body;

The director of the air pollution control program in any affected state~_and the

states of New York, Massachusetts and Rhode Island on or before the time such

notice is provided to the EEblic. except for applications for minor ~rmit

modifications for which the commissioner shall provide notice in accordance with

40 CFR 70.7~)_(_~_- In. addition to the notice, a copy of the proposed Title

V permit shall be submitted to such director; and

(o) The regional Administrator of the United States Environmental Protection

Agency. In addition to the notice, a copy of the proposed Title V permit shall be

submitted to the regional Administrator.
R-S9 Rev 03/2012

Page 2 of 4

(6) For any permit application pursuant to section 22a-174-3a of the Regulations of

Connecticut State Agencies for a new major stationary source or a major modification aI a major

stationary source~ the commissioner shall forwm-d.~.orior to the date o_~ublication~ a copy of the

notice of tentative )letermination[, published in accordance with subdivision (3) of this

subsection,] to those individuals or entities identified in subparagraphs (A), (B), (C), .(D~h (E) and

(O), of subdivision (5) of this subsection and ansi Federal Land Manager or state whose Iands,_9_r

_a~_tX, A~y be affected by emissions from the source or modification.
R-39 Rev. 0312012

Page 3 of 4

Statement of purpose: The Department of Energy and Envirom~nentai Protection (DEEP) is

proposing to make small changes to its procedural requirements for reviewing air quality permit

applicatio!~s. These small changes are necessary to correct a deficiency i~r Connecticut’s

procedural requirements, thereby making Con.necticut’s federally approved permit program

requirem.ents consistent with those of the U.S. Envirom~ental Protection Agency (EPA). DEEP

made a letter commitment to EPA to pursue adoption of these changes.

The proposal broadens the persons notified by the DEEP commissioner when the commissioner

issues a tentative determination concerning an air quality permit. The proposal is easily

implemented within current DEEP resources. The proposal has no impact on regulated entities.

Although the proposed changes are minor, the changes are necessary to DEEP’s plans to meet

and maintain the national ambient air quality standards for ozone. Adoption of the proposal will

allow EPA to approve in full DEEP’s infrastructure requirements under the 1997 ozone standard

and prepare DEEP for later infrastructure State Implementation Plan s~bmissions.
R-39 Rev. 03/2012

Page 4 of 4

1) I hereby certify that the above (checkon~e) ~ 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-174

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 January 31, 2012;

(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 held on 6 Ma~h.

2012;

(insert date(s) of public hearing(s) held pursuant to CGS Section 4- f68(a)(7), if any,

statute.)

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

[] When filed with the Secretary of the State

OR [] on (insertc z

DATE SIGNED (H

APPROVED by the Attorne

OFFICIAL ’IqlTLE~ DULY A~JTHC

with CGS Section 4-169, as amended

OFFICIAL TITLE, DULY AUTHORIZED

Proposed regulations are

amended, if lfie Attorney General fails to give notice to the agency of any legal insufficiency within thirty (30) days of

the recei~o~~ulation

(For Regulation Review Committee Use ONL Y)

iPPROVED by the Attorney General in accordance with CGS Section 4~69, as

[] Approved [] 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

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

Legal Publications in accordance with CGS Section 4-172, as amended.

|

(For SecretaI1/of State Use ONLY)
Office of the Secretary of the State

State of Connecticut

RO. Box 150470~ Hartford~ CT 06115-0470

DENISE W, MERRILL

Secretary of the State

JAMES FIELD SPALLONE

Deputy Secretary of the Slate

September 12 20!2

Daniel Esty, Commissioner

Department of Energy mad EnviromnentaI Protection

79 Elm Street

Hartford, CT 06105

Re: Agency Regulation Concerning:

Air Quality Regulation - Amendment of Section 22a-174-2a(b) of the

Regulations of Connecticut State Agencies

Regulation Review Committee Docket Number: 2012-031

Secretary of the State File Number: 6079

Dear Commissioner Esty:

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

Department of Energ-y and Environmental Protection. One of the two copies has been forwarded

to the Commission on Official Legal Publications as required by taw.

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 seiwices department, and/or to the agency department responsible

for adopting the regulation, for its files.

Sincerely,

~arbar~a ~ adek

RLS Assistant Coordinator

866.509-6147

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

File

Commercial Recording Division (860) 509-6001 ra× (860) ,qO9-6069 S!ate Capitol Office

Legis[atio~ and Election Administration Division (880) 509-6100 fax (8~O) 509-6127 Depuly Secretary of tBe State

General Information (860) 509-6000 Managemettt & Support Ser~4ces

[nternet Home Page: wv~v.sots.c[.gov

(860) ~09-6200 fax (860) 509-6209

(860) 509-~2!2 fax (880) S09-613I

(860) 509~6t90 fax (860) 509-6175
Attachment B

Public notice
Exhib~ A

Jmxua~ 31, 2012 CONNEC~CUTLAW JOURNAL__

ADMINISTRATIVE REGULATIONS

"Regulations and notices published herein, pursuant to General Stat~

utes Sections 4-J68 and 4-i73, are printed exactly as submitted by the

forwarding agencies. These, being official documents submitted by the

responsible agencies, are consequently not subject to editing by the

Commission on Official Legal Publications.

A cumulative list of effective arrzendments to the Regulations of Cortnec*icut State Agencies may be found in the Connecticut Law Jour~aI

dated Janua~3’ 3, 20!2.

DEPART1VIENT OF ENERGY AND ENVIRONMENTAL PROTECTION

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

Revise the State Implementation Plan

The Cormnissioner of the Department of Energy and Environmental Protection

(DEEP) hereby gives notice of a public hearing as part oy a proceeding, to m~ke

small changes to its procedural requirements for reviewing mr quahty perm*t apphcations. Upon adoption, the regulatory changes will be submitted to the U.S. Environ- tection A~ency (EPA) as a revision to the State Implementation Plan for

mental .Pro . ~ ~ #~fic ^’~;-arions under the Cleaca Air Act (CAA).

air quahty to sattsly spe .........

DEEP proposes to revise subdivisions (5) and (6) of section 22a-174-2a(b) of

the Regulations of Connecticut State Agencies (RCSA). The revisions specify those

 ̄ . .~_ r~ommissioner’s tentative determination

individuals DEEP wiI1 notify concermng me v. -

on a permit application submitted under the prevention of significant deterioratmn

(PSD) permit program or Title V permit program. The proposed revisions make

Connecticut’s procedures consistent with federal procedures. These revisions do not

change the requirements on perr~t applicants.

All interested persons axe invited to comment on the proposal, Comments should

be submitted no later than 5:00 PM on 6 March 20!2 to Erich J. Heinouen(DEEP, Bureau of Air Management, Engineering & Enforcement, 79 Elm Street, Hartford,

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

424-4064 or by eIectronic mail to

In addition to accepting written comments, DEEP will also hold the public heming

described below. Any person giv~g oral comment at the hearing will be asked to

submit a written copy of such corm~ents.

PUBLIC FIEARING

6 March 2012 at 10 AM

DEEP, 5th Floor, ~Iolcombe Room

79 Elm Street, Ilartford, CT

Copies of the proposal described above, the regulatory flexibility analysis, and

a statement required by CGS section 22a4(h) are available for public inspection

during normal business hoers from Erich J. Heiuo~en at the Bureau of Air Management, Engineering & Enforcement, 5th Floor, 79 Elm Street, Hartford, CT. The

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

h__t t~ j l w_w__w ._~tct .go v_/A e4n/ c w&/ V~_~ w_~a~2 a= 2 ~&__q =_3~3A 2_~ e.p2!_a v~ =_L6J~
Page 2B CONNECTIGUT LAW JOURNAL January 3I, 2012

For further information, contact Erich J. Heinonen of the Bureau of Air Managemerit at (860) 424-4152 or by alectrnnic mai! to e/kcj!j!~c_t.go~.

DEEP is an affirmative action/equal opportmtity 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, should call 860-

424-3035 or e-mail the ADA Coordinator, at DEP.aaoffice@c~. Persons who

are hearing impaired should call the State of Connecticut relay uumber 711. 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 22a~

174. This notice is required pursuant to CGS sections 22a-6 and 4-168 and 40 Code

of Federal Regulations 51.102.

5 January 2012

Daniel C. Esty

Commissioner

DEPARTMENT OF MOTOR VEHICLES

Notice of I~ttent to Amend Regulation

In accordance with the provisions of subsection (a) of Section 4-168 of the

Connecticut General Statutes, notice is hereby given that the Commissioner of Motor

Vehicles, pursuant to Section 14-111 of the Connecticut General Statutes, proposes

to amend the regulations regarding "Suspension of Operator’s License for History

of Unsafe Operation", Section !4-13%82."

Statement of purpose: The purpose of this amendment to these regulations is

to add offenses to tho~e that constitute unsafe operation to better target unsafe

drivers for the welfare and safety of the general public.

The proposed regulation sets forth a comprehensive list of the unsafe moving

violations that shall be recorded on an operator’s driver history. Multiple convictions

for such violations may result in the suspension or revocatiorf of a violator’s operator license.

Comments regarding this proposed amendment of the regulation may be submitted

in writing within thirty (30) days following publication of this notice to Anne F.

Howroyd, Legal Services Bureau, 60 State Street, Room 164, Wethersfield, CT

06161; telephone number (850) 263-5460; or via e-mall at ~wr_o~d c~. p_v_,.

A copy of the complete text of the proposed regulation is available at no cost

upon request by contacting Anne F. Howroyd, Division Manager, at she address,

number and e-mail noted above.

Anne F. Howroyd

Division Manager

Legal Services Bureau
Attachment C

Attendees at the public hearing
Erich Heinonen, DEEP

Merrily A. Gere, DEEP

ATTENDANCE

Public Hearing

6 March 2012

Amendment of RCSA Section 22a-174-2a(b)
Attachment ])

Certification of public hearing
Connecticut Department of

’ENERGY &

ENVIRONMENTAL

PROTECTION

79 Elm Street  ̄ Hartford, CT 06106-5127 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 section 22a174-2a(b)(5) and (6) of the Regulations of Connecticut State Agencies:

1) The public hearing was held on 6 March 2012 as announced in the notice of

hearing;

2) In accordance with the notice, materials were available for review on the

Department’s website and at the Department’s headquarters in Hartford, CT;

3) Copies of the notice were mailed to the directors of the air pollution control

agencies in New York, New Jersey, Rhode Island and Massachusetts along with a

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

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

Department’s website on 31 January 2012.

25 September 2012

Date  ̄ A. Gere

Bureau of Air
Attachment E

Hearing report
Connecticut Department of

ENERGY &

ENVIRONMENTAL

PROTECTION

HEARING REPORT

EXHIBIT E

Prepared Pursuant to Section 4-168(d) of the

Connecticut General Statutes and

Section 22a-3a-3(d)(5) of the Department of Energy and Environmental Protection

Rules of Practice

Regarding

An Amendment Concerning Permit Program Notifications

Hearing Officer:

Erich J. Heinonen

Date of Hearing: March 6, 2012

On Ja~uary 31, 2012, the Commissioner of the Department of Energy and Enviro~amental

Protection (the Department) published a notice of intent to amend section 22a-! 74-2a of the

Regulations of Cormecticut State Agencies (RCSA). Pursuant to such notice, a public hearing

was held on March 6, 2012, with the public comment period ciosing on the same day.

I. 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.

A statement in satisfaction of CGS section 22a-6(h) is included as Attachment 1 to this report.

The original proposal is included as Attachment 2 and constitutes the final version of the

proposal as this report recommends no revisions to the proposal.

IIo Summary of Proposal

The proposed amendment concerns certain procedures for Connecticut’~ New SOurce Review

Prevention of Significant Deterioration (NSR PSD) and Title V air quality permitting programs.

The }cevisions specify additional individuals the Department must notify upon the

Commissioner’s (entative determination on a permit application submitted under the NSR PSD

pen-nit program or the Title V permit program.

The proposal amends RCSA section 22a-174-2a(b)(6) to comply with the federal requirements

for notification, under the NSR PSD pe~nit program set out in Section 126 of the Clean Air Act

and 40 Code of Federal Regulations (CFR) 5!.!66(@ In addition, the proposal amends RCSA

section 22a-174-2a(b)(5) to comply with the federal requirements for notification under the Title

V permit program, as set out in 40 CFR 70.7(h) and 70.8(b).
2

These minor changes are necessary to allow EPA to approve in full the Department’s

infrastructure requirements under the 1997 ozone standard and prepare the Department for later

i~frastructure State Implementation Plan (SIP) submissions.

IlI. Opposition to the Proposal

No comments were submitted that opposed the fina! adoption of the proposal.

IV. Summary of Comments

Written comments were received from the following person:

Anne Arnold, Manager

Air Quality Plam~ing Unit

USEPA Region 1

5 Post Office Square, Suite 100

Boston, MA 02109-3912

The comment submitted by EPA is summmized below with the Department’s response.

Comment: EPA finds that the revisions to specify those individuals the Department will notify

concerning the cormnissioner’s tentative determination on a permit application submitted under

the NSR PSD or Title V permit program are consistent with federal procedures. EPA encourages

the Department to adopt the proposed revisions and submit them to EPA as a SIP revision as

soon as possible. Submission of the revised rules is required by July 9, 2012 pursuant to EPA’s

conditional approval of the state’s infrastructure SIP for the 1997 ozone standard.

Response: The Department thanks EPA for its review of the proposed revisions. In keeping

with EPA’s determination that the proposed amendment aligns the Department’s notification

procedures witt~ the federal notification procedures, the Department will seek to complete the rule

adoption and submit the final amended regulation as a revision to the SIP,

V. Conclusion

I recommend the proposal be submitted by the Commissioner for approval by the Attorney

General and the Legislative Regulations Review Committee as originally drafted, and upon

adoption, be submitted to EPA as a SIP revision.

~/Ierrily~,d~. ~ieZrr? for

Erich J. Heinonen

Hearing Officer

Date
ATTACHMENT :1

Statement Pursuant to CGS Section 22a-6(h)
Connecticut Department of

~ENERGY &

ENVIRONMENTAL

PROTECTION

Federal Standards Analysis Pursuant to Section 22a-6(h) of the General Statutes

Amendment Concerning

Permit Program Notifications

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

Department of Energy and Environmental Protection (the Department) is authorized to adopt

regulations pertaining to activities for which the federal goveiTmaent has adopted standards or

procedures. At the time of public ~otice, the Commissioner must distinguish clearly all

provisions of a regulatory proposal that differ from federal standards or procedures either within

the regulatory language or through supplemental documentation accompanying the proposal. In

addition, the Commissioner must provide an explanation for all such provisions in the regulationmaking record required under CGS Title 4, Chapter 54 and make such explanation publicly

available at the time of the notice of public hearing required under COS section 4-168.

In accordance with the requirements of CGS section 22a-6(h) the following statement is entered

into the public administrative record regarding the proposed revision of section 22a-174-2a(b)(5)

and (6) of the Regulations of Connecticut State Agencies (RCSA):

The proposed revisions concern certain procedures for Connecticut’s New Source Review

Prevention of Significant Deterioration (NSR PSD) and Title V air quality permitting programs.

The revisions specify those individuals DEEP will notify concerning the Commissioner’s

tentative detelTnination on a permit application submitted under the NSR PSD permit program or

the Title V permit program.

The federal requirements for notification under the NSR PSD program are set out in Section 126

of the Clean Air Act and 40 Code of Federal Regulations (CFR) 51.166(q). The proposed

revisions to RCSA section 22a-174-2a(b)(6) make the Cormecticut notification requiremants

consistent with the cited federal requirements. The federal requirements for notification of a

tentative determination on a Title V permit are set out in 40 CFR 70.7(h) and 70.8(b). The

proposed revisions to RCSA section 22a-174-2a(b)(5) make the Connecticut notification

requirements consistent with the cited federal requirements.

22 November 2011

Date

Merrilp A. Gere

Merrily A. Gere

Bureau of Air Management
ATTACHMENT 2

Final Draft, Unchanged from the Proposed Draft
Subdivisions (5) and (6) of section 22a-174-2a(b) of the Regulations of Connecticut State

Agencies are revised as follows:

(5) For any pem~it application pursuant to section 22a-174-33 of the Regulations of

Colmecticut State Agencies, the commissioner shall forward a copy of the notice of tentative

determination[, published in accordance with subdivision (3) of this subsection,] to:

(A) The individuals who request such notice;

(B) The chief elected official of the municipality where the stationary source is or is

proposed to be !ocated;

(c) The chief executive officer of the municipality where the source is or is proposed

to be located;

(D) The appropriate Com~ecticut regional planning agency;

(E) Any federally recognized Indian governing body whose lands, or air qualit~ may

be affected by emissions from the subject stationary source. In addition to the

notice, a copy of the proposed Title V permit shall be submitted {o such federally

recognized Indian governing body;

The director of the air pollution control program in any affected state~ and New

York, Massachusetts, and Rhode Island, on or before the time such notice is

provided to the public, except as 40 CFR 70.7(e)(2) and 3(~_)x~uire the timin~

notice for minor permit modifications to be different. In addition to the notice, a

copy of the proposed Title V permit shall be submitted to such director; and

The regiona! Administrator of the United States Environmental Protection

Agency. In addition to the notice, a copy of the proposed Title V permit shall be

submitted to the regional Administrator.

(6) For any permit application pursuant to section 22a-174-3a of the Regulations of

Cmmecticut State Agencies for a new major stationary source or a major modification at a major

stationary source, the commissioner shall forward,~rior to the date ~ a copy of the

notice of tentative determination[, published in accordance with subdivision (3) of this

subsection,] to those individuals or entities identified in subparagraphs (A), (B), (C), ~ (E) and

(G), of subdivision (5) of this subsection and any Federal Land Manager or State whose lands, or

air quality, may be affected by emissions from the source or modification.
Statement of purpose: The Department of Energy and Environmental Protection (DEEP) is

proposing to make smal! changes to its procedural requirements for reviewing air quality permit

applications. These small changes are necessary to correct a deficiency in Comaecticut’s

procedural requirements, thereby making Copmecticut’s federally approved permit program

requirements consistent with those of the U.S. Environmental Protection Agency (EPA). DEEP

made a letter commitment to EPA to pursue adoption of these changes.

The proposal broadens the persons notified by the DEEP commissioner when the cormmissioner

issues a tentative determination concerning an air quality permit. The proposal is easily

implemented within current DEEP resources. The proposal has no impact on regulated entities.

Although the proposed changes are minor, the changes are necessary to DEEP’s plans to meet

and maintain the national ambient air quality standards for ozone. Adoption of the proposal will

allow EPA to approve in full DEEP’s infrastructure requirements under the 1997 ozone standard

and prepare DEEP for later infrastructure State Implementation Plan submissions.
Attachment F

Report of the Legislative Commissioners’ Office
The Connecticut General Assembly

Legislative Commissioners’ Office

Edwin J, Maley, Jr.

Commissioner

William A, Hamzy

Larry G J. Shapiro

Legislaive Ot~Tce Building

Suite 5500

Hartford, Connecticut

06106-1591

(860) 240-8410

t’mx (860) 240-8414

e-mail: Ico@cga,ct,gov

Memorandum

TO:

From:

Committee Meeting Date:

Legislative Regulation Review Committee

Legislative Commissioners’ Office

August 28, 20!2

attached

For the Committee’s Information:

Substantive Concerns:

Technical Corrections:

1. On page 1, in subdivision (5)(F), "the states oP’ should be inserted before "New York=",

for clarity and ". except as 40 CFR 70.7(e)(~_and (3) require the t m ng of notice for minor
permit modifications to be different." should be "~ for applications for minor permit

modifications for which the commissioner shall provide notice in accordance with 40 CFR

70.7 e(~)~2~", for clarity.

2. On page 2, in subdivision (6), "State" should be "state", for proper form.
Recommendation:

X Approvalin whole

with technical corrections

with deletions

with substitute pages

Disapproval in whole or in part

Rejection without prejudice

Reviewed by:

Date:

Bradford M. Towson / Angela Rehm

Apgust 2, 2012
Sec. 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 cmmnissioner, in the mamaer provided in subdivision (1) of section

22a-6, shall have the power to formulate, adopt, amend mad 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 (l) 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 facilities designed to

abate air pollution as he deems necessary to carry out the provisions of this chapter and

section I4-164c; (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) burns waste oil, (C) is allowed by the

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commissioneg 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 dee~zas necessary

to maintain such inventory; (7) to require a permit for any source regulated under the

federal Clean Air Act Amendments of 1990, 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 shall 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 (I) 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 (l) 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 l, 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 deve!opment or developments

prior to October 1, 1974, nor shall the commissioner issue any order pursuant to

subdivision (I) 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

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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 comraissioner shall allow the open burning of brush on residential property,

provided the burning ~s 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 landfi!l is within an area designated as a hot spot

on the open burning map prepared by the commissioner. A pen-nit 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 landfi!l, 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 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 will occur

issues an open burning permit: 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 pel~anently
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 bm-ning officials.

(g) The commissioner shall require, by regulations adopted in accordance with the

provisions of chapter 54, fine 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

slnall 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 Genera! Fund and credited to the

appropriations of the Depax’~ment 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 sha!l be required to pay more than fifty per cent of any fee established by the

commissioner pursuant to said subsections.

(j) 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

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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 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 commissione~; before the general permit becomes

effective as to such activity, and may include such other conditions as the commissioner

deems appropriate, incIuding, 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 commeut 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 pear-nits 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 pe~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 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 al!ow 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

8
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

pe~-mit 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 pelTnit, 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 genera!

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 genera! permit was issued so that the

permitted activity is no longer appropriately controlled under the general permit, or a

temporary or permanent reduction or elimination of the permitted activit~¢ 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

individua! 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 automatica!ly 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.

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(6) The commissioner may adopt regulations, iia 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.

(m) The commissioner shall not issue a permit for a~ 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

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.

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