# 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 CAASection 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 CFR51 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, forwhich 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 ofAppeals (D.C. Circuit) vacated the Clean Air Interstate Rule (CAIR) . EPAhas through September 24, 2008 to appeal that decision, making the future ofthe 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 FR25516 (May 7, 2008) . 2 The fourteen required infrastructure elements of CAA Section 110(a)(2) are described in an October 2, 2007 guidance memo fromWilliamHarnett, Director of EPA's Air Quality Policy Division. As specified in Implementation ofthe New Source ReviewProgram 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 asignificant PMZ 5 impact on another state in the projection year 2010. Fromthis, EPAdetermined that Connecticut emissions do not contribute significantly to downwind nonattainment ofthe 1997 PM2,5 NAAQS . In addition, air quality modeling conducted by CTDEP also concluded that emissions of PMZ Sdo notsignificantly contribute to downwind PMZ 5nonattainment. 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 SIPelements 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 CFR52, 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 demonstration5 and the PMz.$ NSR SIP revision by May 2011, Connecticut's SIPwill fully satisfy all of the infrastructure elements.

CTDEPsubmitted a proposed attainment demonstration onJuly 10, 2008 and is currently responding to comment and preparing the final submission.

## Overviewof How Connecticut's State Implementation Plan Satisfies the CAA Section 110(a)(1) and (2) ProgramInfrastructure Elements for PM2 .5* CAASection Req uired CAAElement Corresponding Connecticut Pro gram 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 underthis 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. CGSSection 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 ofparticulate matter and visible emissions. 22a-174-19 Control of sulfur compound emissions. 22a-174-19a Control of sulfur compound emissions frompower plants. 22a-174-20 Control of organic compound emissions. CAArefers to the Clean AirAct CGS refers to the Connecticut General Statutes RCSA refers to Regulations ofConnecticut State Agencies CFRrefers to the U

.S. Code ofFederal Regulations CTDEPrefers to the Connecticut Department of Environmental Protection Commissioner refers to the Commissioner ofthe CTDEPCAASection Required CAAElement Corresponding Connecticut Pro gram 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 (ado p tion in process

) . 110(a)(2)(B) . . . "provide for establishment and operation 40 CFR53; 40 CFR58. A comprehensive airquality monitoring plan, Ambient air of appropriate devices, methods, systems, intended to meet requirements of 40 CFR 58, is submitted to EPAeach 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 p owers necessary to control air p ollution. 110(a)(2)(C) . . . "include a programto provide for the CGS Section 22a-6(a)(5) . The commissioner may, in accordance with Programfor enforcement ofthe 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 ofcivil 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 ProgramElement (s) provisions of [Chapter 446c, entitled "Air Pollution Control," which encompasses CGS Sections 22a-170through 22a-206] ." CGS Section 22a-174. Orders to correct violations. CGS Section 22a-175 . Penalties for violations. CGSSection 22a-176

. Consideration in making regulations and issuing orders. CGS Section 22a-177. Enforcement of regulations. Complaints. CGSSection 22a-178

. Orders to correct violations. RCSAsection 22a-3a-6(c) . Orders, rulings and decisions-procedures in contested cases. RCSAsection 22a-174-3a. Permit to construct and operate stationary sources. This section provides a permit programfor enforceable emission limits and control measures. RCSA section 22a-174-12. Violations and enforcement of the Regulations of Connecticut StateAgencies. This section provides that "The Commissioner shall designate employees of DEPto 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 ."CAASection Required CAAElement Corresponding Connecticut ProgramElement (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 EPAon 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 NSRStringency 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 ambientair 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 p ollution abatement) ;"5

CAA Section Required CAA Element Corresponding Connecticut ProgramElement s 110(a)(2)(E) . . . "provide (i) necessary assurances that the CGSSection 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 fromthe federal government and, with the approval of ' general purpose local governments for such the Governor, fromany 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 ."

fromcarrying 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 carryout 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 himand the

sources to monitor emissions fromsuch 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 fromsuch 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 orCAA Section Required CAA Element Corresp onding Connecticut ProgramElement (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 ." RCSAsection 22a-I<74-5. Methods for sampling, emission testing, sample analysis, and reporting. (e)(1) states: "The owner or operator ofa stationary source ofair pollution' with maximum

uncontrolled emissions of any particular air pollutant greater than one hundred (100) tons peryear 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." RCSAsection 22a-174-10 . Public availability of information. Paragraph (a) states: Any records, reports or other information obtained by the Commissioner or on file with the department shall, pursuant to the provisions of sections 1-7 through 20 of the General Statutes, as amended, be made available to the public. 110(a)(2)(G) . . . "provide forauthority 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 harmlevels as indicated in 40 CFR Part 51 .151 . Connecticut expects to be classified as a Priority III region, and, therefore, an emerg enc y episode plan for PMZ_5is not required6

6 See March 24, 2008 EPA guidance in Appendix 10A . Seealso, Harnett, W .T. 2007. Guidance on SIP Elements Required under Sections 110(a)(1) and (2) for the 1997 8-hour Ozoneand PMz.sNational AmbientAir Quality Standards, which states: "As an aidto the States in addressing the PMZ_Srelatedrequirements ofSection 110(a)(2)(G) pertaining to emergencyepisodeprovisions, EPA intends to take action to revise 40 CFR, Part 51, subpart H (sections 51 .150) . The rule changes will establish thepriority classifications whichdetermine the emergencyepisode planCAA Section Required CAA Element Corres p onding Connecticut Pro gram 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 fromtime 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 theplan is substantially inadequate to , attain the national ambient air quality standard which it implements or to otherwise comply with any additional requirements established underthis 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-170through 22a

## z06I . . . CGS Chapter 54. Uniform Administrative Procedures Act. State Implementation Plan Revision Advisory Committee (SIPRAC) established in 1972 and generally meets each month.

requirementsfor each area andestablish asignificant harmlevel (SHL)for PMz.s. Until these changes arefinal, EPA recommends that States rely on relevant information contained in upcoming EPA rule proposals or other EPA issued interim guidance to satisfy thesection 110(a)(2)(G) requirementsfor 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-170through 22a206 . 110(a)(2)(J) . . . "meet the applicable requirements ofpart RCSA section 22a-174-3a(k) . Permit Requirements for Attainment Areas: PSDand C(relating to prevention of significant Prevention of Significant Deterioration ofAir Quality (PSD) Program . This visibility deterioration of air quality and visibility section addresses the prevention of significant deterioration of air quality and Protection p

rotection ) ;" visibili ty 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 whichthe Administrator has established EPA PM2 .5 NSRRule: With respect to its NSRpermit program, a national ambient air quality standard, and Connecticut will begin implementing 40 CFR51 Appendix Sfor 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 ProgramElement (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 forand monitoring compliance with the terms and ofreviewing 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 CGSSection 22a-6f. Authorizes the commissioner to require annual fees. source, the reasonable costs of implementing CGSSection 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 whomthe 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 ofthe Regulations of Connecticut State Agencies shall pay a permit fee as prescribed in the fee schedule in subdivision (2) of this subsection." The fee schedule is set forth in Table 26-1 of subsection 2 . RCSAsection 22a-174-33(j)(1)(Z) . Requires Title Vsource 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 CGSSection 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 p repared to accep

t the resp onsibili ty."