State of Connecticut 

Department of Environmental Protection 

Adequacy Determination of the 

Connecticut State Implementation Plan for 

Clean Air Act Section 110(a) 

Infrastructure Elements: 

1997 National Ambient Air Quality Standard for 

Fine Particulate Matter 

September 4, 2008 
Adequacy Determination of the Connecticut State Implementation Plan for 

Clean Air Act Section 110(a) Infrastructure Elements : 

1997 National Ambient Air Quality Standard for 

Fine Particulate Matter 

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 1997 national ambient air quality standard 

(NAAQS) for fine particulate matter less than a nominal 2.5 micrometers in diameter (PMz.5), 

including such basic state implementation plan (SIP) requirements as emissions inventories, 

monitoring and modeling to assure attainment and maintenance of the standards. On August 15, 

2006, the U.S . Environmental Protection Agency (EPA) issued guidance to States about 

compliance with CAA Section 110(a)(2)(D)(i) . The Connecticut Department of Environmental 

Protection (CTDEP) addressed the interstate transport requirements of CAA Section 

110(a)(2)(D)(i) for the PM2.5 NAAQS.I On October 2, 2007, EPA issued guidance on 

compliance with the remaining non-transport-related requirements of CAA Section 110(a)(2). 

This explanation addresses such non-transport-related requirements for the PM2,5 NAAQS. 

Except for the two future SIP revisions noted below, Connecticut's SIP satisfies the fourteen 

required CAA Section 110(a)(1) and (2) infrastructure elements, as identified in EPA's 

guidance,2 for the 1997 PM2.5 NAAQS. 

CTDEP recognizes that it must update its program infrastructure with respect to its 

nonattainment and minor source new source review (NSR) permit and prevention of significant 

deterioration (PSD) programs. Such a SIP revision is scheduled for submission no later than 

May 16, 2011 .3 CTDEP is now implementing the provisions of 40 CFR 51 Appendix S for 

PM2.5 in Fairfield and New Haven counties and the transitional PSD program for PM2.5 (i.e., the 

PMIo surrogate policy). CTDEP committed to the May 2011 SIP revision in its proposed PM2,5 

attainment demonstration, for which a public hearing was held on August 21, 2008 . CTDEP will 

submit the final PM2.5 attainment demonstration in the near future . 

On July It, 2008, the U.S . Court of Appeals (D.C . Circuit) vacated the Clean Air Interstate Rule 

(CAIR). EPA has through September 24, 2008 to appeal that decision, making the future of the 

CAIR program and the anticipated emissions reductions uncertain. CTDEP was subject to CAIR 

only for the ozone season nitrogen oxides program, and the vacatur is unlikely to have an impact 

on CTDEP's satisfaction of its interstate transport requirements for PM2,5.4 However, should the 

vacatur stand, CTDEP notes that upwind states will need to evaluate reductions in sulfur dioxide 

' See 73 FR 25516 (May 7, 2008). 

2 The fourteen required infrastructure elements of CAA Section 110(a)(2) are described in an October 2, 2007 

guidance memo from William Harnett, Director of EPA's Air Quality Policy Division . 

As specified in Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 

Micrometers, 73 FR 28321 (May 16, 2008). 

EPA's CAIR modeling determined that Connecticut emissions do not meet or exceed the 0.2 microgram 

per cubic meter average annual threshold by which EPA established a significant PMZ 5 impact on another state in 

the projection year 2010. From this, EPA determined that Connecticut emissions do not contribute significantly to 

downwind nonattainment of the 1997 PM2,5 NAAQS. In addition, air quality modeling conducted by CTDEP also 

concluded that emissions of PMZ Sdo not significantly contribute to downwind PMZ 5 nonattainment. See 72 FR 

62420 (November 5, 2007). 
and nitrogen oxide emissions to be certain that those states satisfy their interstate transport 

obligations. 

The attached table sets out in detail those SIP elements and underlying statutory and regulatory 

authorities that satisfy each of the fourteen required infrastructure elements . EPA's 

identification of Connecticut's current SIP is set out in 40 CFR 52, Subpart H, as a collection of 

revisions to the original submission of March 3, 1972. With CTDEP's submission of 

Connecticut's final PM2.5 NAAQS attainment demonstration 5 and the PMz.$ NSR SIP revision by 

May 2011, Connecticut's SIP will fully satisfy all of the infrastructure elements . 

CTDEP submitted a proposed attainment demonstration on July 10, 2008 and is currently responding to 

comment and preparing the final submission . 
Overview of How Connecticut's State Implementation Plan Satisfies the 

CAA Section 110(a)(1) and (2) Program Infrastructure Elements for PM2.5* 

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

110(a)(2)(A) . . . "include enforceable emission limitations CGS Section 22a-6(a)(1). The Commissioner is empowered to "adopt, 

Emission limits and other control measures, means, or amend or repeal . . . such environmental standards, criteria, and regulations . . . 

and other techniques (including economic incentives as are necessary and proper to carry out his functions, powers and duties." It 

control such as fees, marketable permits, and is under this general grant of authority that the Commissioner has adopted 

measures auctions of emissions rights), as well as emissions standards and control measures for a variety of sources and 

schedules and timetables for compliance . . ." pollutants . 

CGS Section 22a-174g. California motor vehicle emission standards, 

including exhaust emission standards for precursors of PM and sources of 

black carbon . 

CGS Section 22a-174. Establishes the Commissioner's general authority to 

adopt regulations and issue permits to control air pollution. 

CGS Section 22a-174(f). Limitations on open burning. 

CGS Section 22a-174k. Restrictions on operation of outdoor wood-burning 

furnaces. 

The sections of the air quality regulations specific emissions limits related to 

the control of PMZ.5 and PM2.5 precursors include RCSA: 

22a-174-3a(i) - (!) Nonattainment new source review and prevention of 

significant deterioration . 

22a-174-18 Control of particulate matter and visible emissions. 

22a-174-19 Control of sulfur compound emissions. 

22a-174-19a Control of sulfur compound emissions from power plants . 

22a-174-20 Control of organic compound emissions. 

CAA refers to the Clean Air Act 

CGS refers to the Connecticut General Statutes 

RCSA refers to Regulations of Connecticut State Agencies 

CFR refers to the U.S . Code of Federal Regulations 

CTDEP refers to the Connecticut Department of Environmental Protection 

Commissioner refers to the Commissioner of the CTDEP 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s) 

22a-174-22 NOx emissions (also included in many single source SIP 

revisions). 

22a-174-22b Post-2002 NOx budget program. 

22a-174-22c CAIR NOx ozone season trading program. 

22a-174-27 Periodic motor vehicle inspection and maintenance. 

22a-174-30 Gasoline vapor recovery. 

22a-174-32 VOC RACT (also included in many single source SIP 

revisions). 

22a-174-36 Low emission vehicles. 

22a-174-36a Heavy-duty diesel engines. 

22a-174-36b Low emission vehicles II program. 

22a-174-38 Municipal waste combustors . 

22a-174-40 Consumer products . 

22a-174-41 AIM coatings. 

22a-174-43 Portable fuel containers . 

22a-174-44 Adhesives and sealants (adoption in process). 

110(a)(2)(B) . . . "provide for establishment and operation 40 CFR 53; 40 CFR 58. A comprehensive air quality monitoring plan, 

Ambient air of appropriate devices, methods, systems, intended to meet requirements of 40 CFR 58, is submitted to EPA each year. 

quality and procedures necessary to (i) monitor, The 2008 Annual Air Monitoring Network Plan was submitted on June 30, 

monitoring/data compile, and analyze data on ambient air 2008. 

system 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 . 

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

Program for enforcement of the measures described in constitutional limitations, enter at all reasonable times, without liability, upon 

enforcement of subparagraph (A), and regulation of the any public or private property, except a private residence, for the purpose of 

control modification and construction of any inspection and investigation to ascertain possible violations of any statute, 

measures stationary source within the areas covered by regulation, order or permit administered, adopted or issued by him and the 

the plan as necessary to assure that national owner, managing agent or occupant of any such property shall permit such 

ambient air quality standards are achieved, entry . . . 

including a permit program as required in CGS Section 22a-6b. Imposition of civil penalties by the commissioner . j, 

parts C and D;" CGS Section 22a-7(d). Civil actions . I ,

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

and enforce regulations . . . and do an other act necessary to enforce the , 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s) 

provisions of [Chapter 446c, entitled "Air Pollution Control," which 

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

CGS Section 22a-174. Orders to correct violations. 

CGS Section 22a-175. Penalties for violations. 

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

orders . 

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

CGS Section 22a-178. Orders to correct violations . 

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 provides a permit program for enforceable emission 

limits and control measures. 

RCSA section 22a-174-12. Violations and enforcement of the Regulations of 

Connecticut State Agencies. This section provides that "The Commissioner 

shall designate employees of DEP 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 ." 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s) 

110(a)(2)(D) . . . "contain adequate provisions - (i) Revision to the Connecticut State Implementation Plan --Addressing the 

Interstate prohibiting, consistent with the provisions of Interstate Air Pollution Transport Requirements of Clean Air Act Section 

transport this title, any source or other type of I 10(a)(2)(D)(i), was submitted to EPA on March 13, 2007: EPA approved the 

emissions activity within the State from SIP revision on May 7, 2008 (73 FR 25516). 

emitting any air pollutant in amounts which NSR Stringency Determination submitted to EPA-Region 1, December 29, 

will - (I) contribute significantly to 2005 . 

nonattainment in, or interfere with 

maintenance by, any other State with respect 

to any such national primary or secondary 

ambient air quality standard, or (Il) interfere 

with measures required to be included in the 

applicable implementation 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) ;" 
5 

CAA Section Required CAA Element Corresponding Connecticut Program Element s 

110(a)(2)(E) . . . "provide (i) necessary assurances that the CGS Section 22a-171. Duties of Commissioner of Environmental Protection . 

Adequate State (or, except where the Administrator "The commissioner shall (1) initiate and supervise programs for the purposes 

resources deems inappropriate, the general purpose of determining the causes, effect and hazards of air pollution; (2) initiate and 

local government or governments, or a supervise state-wide programs of air pollution control education ; (3) cooperate 

regional agency designated by the State or with and receive money from the federal government and, with the approval of 

' general purpose local governments for such the Governor, from any other public or private source ; (4) adopt, amend, 

' purpose) will have adequate personnel, repeal and enforce regulations as provided in section 22a-174 and do any other 

' funding, and authority under State (and, as act necessary to enforce the provisions of this chapter and section 14-164c; (5) 

appropriate, local) law to carry out such advise and consult with agencies of the United States, agencies of the state, 

, implementation plan (and is not prohibited political subdivisions and industries and any other affected groups in 

i by any provision of Federal or State law furtherance of the purposes of this chapter." 

from carrying out such implementation plan Air Quality Implementation Plan, Chapter 11, Parts A-E (March 3, 1972). 

' or portion thereof), (ii) requirements that the Describes the (A) existing organizations; (B) manpower; (C) funding; (D) 

' State comply with the requirements physical resources and (E) local agencies. It stated, in part, "The Department 

'i respecting State boards under section 128, of Environmental Protection will secure appropriations sufficient, in 

and (iii) necessary assurances that, where the conjunction with federal assistance, to maintain the projected state funding 

~I State has relied on a local or regional levels :' 

i government, agency, or instrumentality for 

I the implementation of any plan provision, CTDEP is the sole authority implementing the SIP and does not rely on local 

! the State has responsibility for ensuring or regional governments or agencies to carry out this responsibility. 

adequate implementation of such plan 

rovision ;" 

j 110(a)(2)(F) . . . "require, as may be prescribed by the CGS Section 22a-6(a)(5). "The commissioner may, in accordance with 

I Stationary Administrator - (i) the installation, constitutional limitations, enter at all reasonable times, without liability, upon 

I source emissions maintenance, and replacement of equipment, any public or private property, except a private residence, for the purpose of 

~ monitoring and and the implementation of other necessary inspection and investigation to ascertain possible violations of any statute, 

reporting steps, by owners or operators of stationary regulation, order or permit administered, adopted or issued by him and the 

sources to monitor emissions from such owner, managing agent or occupant of any such property shall permit such 

sources, (ii) periodic reports on the nature entry . . ." 

and amounts of emissions and emissions- CGS Section 22a-174(c). Various powers of the commissioner related to 

related data from such sources, and (iii) permitting, inspections, and recordkeeping . 

correlation of such reports by the State RCSA section 22a-174-4. Source monitoring, record keeping and reporting. 

agency with any emission limitations or Paragraph (d)(1) states : "The commissioner may, by written notice, require the 

standards established pursuant to this Act, owner or operator of any source to create, maintain and submit data, records or 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s) 

which reports shall be available at reports of monitoring data and other information deemed necessary by the 

reasonable times for public inspection ;" 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-I<74-5. Methods for sampling, emission testing, sample 

analysis, and reporting. 

(e)(1) states : "The owner or operator of a stationary source of air pollution' 

with maximum uncontrolled emissions of any particular air pollutant greater 

than one hundred (100) tons per year shall be required to carry out emission 

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) . . . "provide for authority comparable to that CGS Section 22a-181 . Emergency action to protect public health or safety . 

Emergency in section 303 and adequate contingency RCSA section 22a-174-6. Air pollution emergency episode procedures. 

power plans to implement such authority;" 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 . 

Connecticut expects to be classified as a Priority III region, and, therefore, an 

emergency episode plan for PMZ_5 is not re quired 6 

6 See March 24, 2008 EPA guidance in Appendix 10A. See also, Harnett, W.T . 2007. Guidance on SIP Elements Required under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PMz.s National Ambient Air Quality Standards, which states : 

"As an aid to the States in addressing the PMZ_S related requirements of Section 110(a)(2)(G) pertaining to emergency episode provisions, EPA intends to take action to 

revise 40 CFR, Part 51, subpart H (sections 51.150). The rule changes will establish the priority classifications which determine the emergency episode plan 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s) 

110(a)(2)(H) . . . "provide for revision of such plan - (i) Air Quality Implementation Plan, Chapter 13, (March 3, 1972). "This 

Future SIP from time to time as may be necessary to implementation plan is intended to be dynamic, not static . To this end, it will 

revisions take account of revisions of such national be revised when necessary." 

primary or secondary ambient air quality 

standard or the availability of improved or CGS section 22a-174(d) . The Commissioner is authorized with all incidental 

more expeditious methods of attaining such powers necessary to control and prohibit air pollution. 

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;" 

110(a)(2)(J) . . . "meet the applicable requirements of CGS Section 22a-171 . Duties of Commissioner of Environmental Protection . 

Consultation section 121 (relating to consultation) "(5) advise and consult with agencies of the United States, agencies of the 

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

government furtherance of the purposes of this chapter." 

officials 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 Conn. Gen. Star . Sections 22a-170 through 22az06I . . . 

CGS Chapter 54. Uniform Administrative Procedures Act. 

State Implementation Plan Revision Advisory Committee (SIPRAC) 

established in 1972 and generally meets each month. 

requirements for each area and establish a significant harm level (SHL) for PMz.s. Until these changes are final, EPA recommends that States rely on relevant 

information contained in upcoming EPA rule proposals or other EPA issued interim guidance to satisfy the section 110(a)(2)(G) requirements for PMZ,S . . . " 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s) 

110(a)(2)(J) . . . "meet the applicable requirements of CGS Section 4-168. Notice prior to action on regulations . 

Public section 127 (relating to public notification), CGS Section 22a-171 . Duties of Commissioner of Environmental Protection. 

notification . . ."(2) Initiate and supervise state-wide programs of air pollution control 

education;" 

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

powers to carry out the purposes of [Chapter 446c, entitled "Air Pollution 

Control," which encompasses Conn. Gen. Stat. Sections 22a-170 through 22a206 . 

110(a)(2)(J) . . . "meet the applicable requirements of part RCSA section 22a-174-3a(k). Permit Requirements for Attainment Areas: 

PSD and C (relating to prevention of significant Prevention of Significant Deterioration of Air Quality (PSD) Program. This 

visibility deterioration of air quality and visibility section addresses the prevention of significant deterioration of air quality and 

Protection protection);" visibility protection. 

110(a)(2)(K) . . . "provide for - (i) the performance of RCSA section 22a-174-3a(i) . Ambient Air Quality Analysis : "The 

Air quality such air quality modeling as the commissioner may request any owner or operator to submit an ambient air 

modeling/data Administrator may prescribe for the purpose quality impact analysis using applicable air quality models and modeling 

of predicting the effect on ambient air protocols approved by the commissioner ." 

quality of any emissions of any air pollutant 

for which the Administrator has established EPA PM2.5 NSR Rule: With respect to its NSR permit program, 

a national ambient air quality standard, and Connecticut will begin implementing 40 CFR 51 Appendix S for PM2,5 as of 

(ii) the submission, upon request, of data July 15, 2008 in Fairfield and New Haven counties. 

related to such air quality modeling to the 

Administrator;" 
CAA Section Required CAA Element Corresponding Connecticut Program Element(s) 

110(a)(2)(L) . . . "require the owner or operator of each 

Permitting fees major stationary source to pay to the CGS Section 22a-6(a)(10). The commissioner may . . . by regulations 

permitting authority, as a condition of any adopted in accordance with the provisions of chapter 54 require the payment 

permit required under this Act, a fee of a fee sufficient to cover . . . the reasonable cost of reviewing and acting 

sufficient to cover - (i) the reasonable costs upon an application for and monitoring compliance with the terms and 

of reviewing and acting upon any conditions of any state or federal permit, license, registration, order, certificate 

application for such a permit, and (ii) if the or approval required . . . 

owner or operator receives a permit for such CGS Section 22a-6f. Authorizes the commissioner to require annual fees. 

source, the reasonable costs of implementing CGS Section 22a-174(g) . "The commissioner shall require, by regulations 

and enforcing the terms and conditions of adopted in accordance with the provisions of chapter 54, the payment of a 

any such permit (not including any court permit application fee sufficient to cover the reasonable costs of reviewing and 

costs or other costs associated with any acting upon an application for, and monitoring compliance with the terms and 

enforcement action), until such fee conditions of, any state or federal permit, license, order, certificate or approval 

requirement is superseded with respect to required pursuant to this section. . . . . . 

such sources by the Administrator's approval RCSA section 22a-174-26(c)(1) . "Each person to whom the commissioner 

of a fee program under issues a permit, or a modification or renewal thereto, under section 22a-174- 

title V;" 3a, section 22a-174-2a 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 Ma 13, 2002)) . 

110(a)(2)(M) . . . "provide for consultation and CGS Section 4-168. Notice prior to action on regulations . 

Consultation/ participation by local political subdivisions Connecticut Air Quality Implementation Plan, Chapter 12 

participation by affected by the plan." "Intergovernmental Relations" (March 3, 1972). "The State will take 

affected local immediate action in coordinating and delegating new responsibilities to local 

entities agencies that are prepared to accept the responsibili ty ."