Connecticut DepaRment of ~ENERGY & ENVIRONMENTAL PROTECTION 79 Elm Street o Hartford, CT 06106-5:127 www.ct.gov/deep Affirmative Action/Equal Opportunity Emplo’



### David B. Comoy, Chief Air Programs Branch EPA Region 1 5 Post Office Square, Suite 100 Boston MA 02109-39t2 November !9, 2012

Re: State Implementation Plan R~vision Concerning the Repeal of Two Connecticut Air Quality Regulations



### Dear Mr. Col~roy: 

### In accordance with 40 CFR 51, Appendix V, Section 2. l(a) and an agreement between the Connecticut Department of Energy and Environmental Protection (DEEP) and your office dated April 21, 2012, I am submitting a revision ~o the State Implementation Plan (SIP) concerning the repeal of two regulations that are elements of the SIP. An electronic copy of this snbmission has also been mailed to the copy recipient listed below, and I certify that such copy is an exact copy of this paper submission. The first of the two repealed regulations is section 22a-174-17 of the Regulations of Connecticut State Agencies (RCSA), concerning open burning. RCSA section 22a-174-17 was superseded by a state statute, section 22a-174(f) of the Connecticut General Statutes (CGS), and DEEP determined that retaining RCSA section 22a-174-17 is unnecessary and misleading. DEEP is submitting CGS section 22a-174(f) into the SIP (see Attachment G) as the sole authority for open burning regulation. The second of the two repealed regulations is RCSA section 22a-174-43 concerning portable fuel containers. Given the adoption of federal portable fuel containerrequirements in 2007, which requirements are at least as stringent as those of RCSA section 22a174-43, DEEP determined that the Comrecticut program is no lolager necessary. A longer explanation concerning the repeal of each regulatory section is available in Attachmant F to this letter. These two repealed regulations were part of a larger regulatory action that indluded revisions to other sections of the Connecticut air quality regulations, a number of which were submitted as a separate SIP revision on October 9, 2012. Those other sections are not submitted for approval at this time and are in strikeout font in Attaclmaent A. All required state and federal procedures for public participation and in satisfaction of, t~e requirements of 40 CFR 51, Appendix V, Section 2 were followed. To demonstrate satisfaction of the federal public participation requirements, we have enclosed: a certified copy of the repeal actions; 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 seek the repeal of the two regulations.David B. Colaroy

November 19, 2012 Page 2



### Please get in touch with me at (860) 424-3026 if DEEP may provide any assistance in yore" review of this submission. Sincerely yours,

Anne R. Gobin, Chief Bureau of Air Management

cc: Anne Arnold, EPA Region 1

### MATERIALS SUBMITTED IN SUPPORT OF THIS SIP REVISION

Attachment A The final action concerning the repeal of RCSA sections 22a-174-17

and 22a-174-43. The amended text includes a certification signed by the DEEP Commissioner, the Attorney General for the State of Connecticut, the Legislative Regulations Review committee and the Secretary of the State.Note that the repealed sections are not set out in full but are repealed by reference on page 11 of the document.

Attachment B Public notice as published in the Connecticut Law Journal and the

DEEP website on 27 September 2011.

Attachment C Attendees at the public hearing on 9 November 20t 1, DEEP

Headquarters, 79 Elm Street, Hartford, CT

Attachment D Certification of public hearing

Attachment E
Attachment F Heariug report

Explanation of repeal of RCSA sections 22a- 174-17 and 22a- 174-43
Attachment G CGS section 22a-174(f)

### ATTACHMENT A
Regulatory Action to Repeal the Two Regulations

### Office of the Secretary of the State

State of Connecticut RO. Box 150470, Hartford, CT 06115-0470 C~EN]~E W. ~V~ER~LL 

### Secretary of the State
JAMIES F~ELE~ ~PALLONE 

### Deputy Secretary of the State

September 12, 2012
Daniel Esty, Commissioner Department of Energy and Environmental Protection 79 Elm Street Hartford, CT 06105 Agency Regulation Concerning: Air Quality Regulations - Amendment of Sections 22a-174-1, 22a2174-3a, 22a-174-36b, 22a-174-26 and Repeal of Sections 22a-1.74-17, 22a-174-43 and 22a-174-100 Regulation Review Committee Docket Number: 2012-021a Secretary of the State File Number: 6078
Dear CommisSioner Esty: This is to acknowledge receipt of two copies of the above referenced regulation issued by the Department of Energy and Environmental Protection. One of the two copies has been forwarded to the Commission on Official Legal Publications as required by law. 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 services department, and/or to the agency department responsible for adopting the regulation, for its files. Sincerely,

RLS Assistant Coordinaor 860-509-6147 CC: Commission on Official Legal Publications (Letter and Copy of Regulation)

File

Col~lmercial Recording Division (860) 509-600! fax (860) 509-6069 Slate Capitol Office Legislation and Election Administration Division (860) 509-6100 fax (860) 509-6127Depuly Secreta~3, of the State General Information (860) 50,9-6000 Management & Support Services Internet Home Page: www.sots.ct.gov (860) 509-6200 fax (860) 509-6209 (860) ~09-6212 fax (860) 509-6131 (860) 509-6190 fax (860) 509-6175R-39 Rev. 02/2010

iMPORTANT: Read instructions on bottom of last page (Certification Page) before completing this form. Failure to comply with instructions may cause disapproval of proposed regulations 

### State of Connecticut 

## RI=GULATION
o~ Page ! of 16

NAME OF AGENCY Energy and Environmental Protection 

### Concerning SUBJECT MATTER OF REGULATION

Amendment of sections 22a-174-1, 22a-:I74<]a, 22a-174-36b, 22a-:174-26 and repeal of sections 22a-174-17, 22a-174-43 and 22a-174-100 of the

Regulations of Connecticut State Agencies (RCSA)
Section 1. Definition (62) of section 22a-174-1 of the Regulations of Connecticut State Agencies is amended as follows:
(62)R-39 Rev. 02/2010 Pa~e 2 of ~5



### Municipal Waste Combustor-Or~

tot ............. ~ ..... a ~e-Wd4ex4-ne and dib~nzcf~r~s)R-39 Rev. 02/20~O Page 3 of 15

nt-~fouc ............ " " -- " - - ’

~) Is

.... :u be constructed m a des:g~nated ncnatta..mcnt area;-amt



## (B)R-39 Rev. 02/20:1.0 Page 4 of :1.5



### ’_" " " --modif~atio n atlaim~ent area or ~chssifiab!e area, wSere ~,ab!c po!!utm~ would c~xacerbatc a violation of a National ~ard in mn adia~~~. A!!cwa~L ~o!!ut~t s~a!l be deemed not~ or ccrXribute t~aticn cf a Natio~



### vc~~ ..............

(52 .........

~ctm., .................................... t4he~J~wal3te e "’" " "-" :-" "oh

......... " -" ; 

## (B)

(iv)R-39 Rev. 02/2010 Pa~e 5 of ~5



### ~ved by tho commissioner m~-- ~ " " g. ~eN~est~the co ................ , ~e o~ ........ ~’ ~ - " ~~aion shall inc!ud~, but not ~~ " sions from stationary scurce~



### (vi) are oryrn

............ ~ ............. ~ ~-approved m ........ ~ ~



### (ix)

(x)

 ̄

~ " ~a-ratio~for "’~’°+:’

...... :" compoungs

fo

........R-39 Rev. 02/2010 Page 6 of 15



### (-3)----Com

.......... ~ ......... s~ar, .. ...... a~actur

........ r~por~ thc average ~mlss:cns .... s ..................... ~ate c .........
~

.... ;.o; ....~., ~ " calendar ",ear " ~c model yc~ a~
ale into ....
~~

~ubmit to the D~e cfficlal rc2~cX demcnst~4ia~ ccmv ....... ~~I ~r ......... ~ ................ u ...................... ~rmatio= and ~ in the format required ~~~ulaticns. Title t~ scctic=

of- " - " " of C

........ ;~.StatcPage 7 of 15

R-39 Rev, 02/2010R-39 Rev. 02/2010 Page 8 of 15



### De~-ct ..........

a Re~ent ........ 9



### Motc~ .... ~-I4ea~~c-tes>~ M~mr~eSic!e Engines ~

~~mems Ibr !990 ~ent Made! Year Passenger Carsx

~-~tor Ve~ie!e En~~ Sac5 Vehic~ Pcrfcrmmnce Wa~quircmcnts fc~ ~t Model Year P~ Cars, Lig~X ~D~ and Medium Duty ~~or VeSic!e Eng~

Emission Contrc!~

Vchic!c Ow~ ~pte~ 2 Eafcr~Zcl~ielc Emiss!on Stand~



###  ̄ g~ctic

ec4!-P-r~isio~.R-39 Rev. 02/2010 Page 9 of 15



### ~rodu .......... ~00~

 ̄

. "

- !nfi’acnccd

 ̧ . , ~- ~,uJJ.~ ~,~ ~,t ~ ~



### ¥~ and I ........... Rec .......... Ehgl ..... a ..... z-epam.

Sec ......... 

### P-roofc

......... ~

Not1 9 ~and o ~,;

tZr-~f of Ccrrzctmn C~

Re

........ ~,,,~e .......

v,~* -~g 

### gxte**£.,. ~ T; ~ ~. z.~

.... ~,1 D.~.,; M.~.~


### ~e M ..............

2141

gmissionPage 10 of 15

R-39 Rev. 02/2010



### 147

~rtie-le-5- Pr ............

General Prcvisicns

Em

.................... ~..~nt ........ tO~- ge~ncst:c E.~..~.~

........... ~

~ ~ ~on C~..,~,,~~

Board~ ..... +"- ~ " Net~fic

........... .~ ..... ~ ~tlve

......... " " . 

### Or~lered

...........:

.........c-Ac-t4e~ P4a~.
~~me ...... ,:, ........ Actlc

........ Net~fic.......... ~ Sec 

### Sects

......... 

### S ec

........ Cc

.......................... ~~
Sectm

........ 

### ~vaitabdlb ............... s. 

### ! 0~J04/4~R~39 Rew 02/20~0

Sec. 12. Section 22a-174-17 of the Regulations of Connecticut State Agencies is repealed.
Sec. 13. Section 22a-174-43 of the Regulations of Connecticut State Agencies is repealed.R~39 Rev. 02/2010

Stateme~it of Purpose 

### 7Fhis regulatory proposal is a series of changes to the Department of Energy and Enviromnental Protection’s (DEEP’s) air quality programs that will function to reduce regulatory burdens on Connecticut businesses and administrative burdens on DEEP, without interfering with DEEP’s progress towards meeting its air quality goals. This proposaI laas three components: The addition of fine particulate matter requirements into DEEP’s new source review permitting program, to retain federal program approval; ~ Additional compliance options for vehicle manufacturers under DEEP’s low emission vehicIe program; and ~ The repeal of non-core air quality programs.
~!_n_¢ ~i~’!,-,,~*o ~tt~r (p~.~M._2..5) Criteria for AirPermits (Sections 1 through 6) DEEP is proposing to include ti~c pollutant fine paddculate matter, or PM~.~, in DEEP’s new source review (NSR) permit program. While the U.S. Enviromaental Protection Agency (EPA) first promulgated a National Ambient Air Quality Standard for PMz5 in 1997, EPA allowed states to use the pollutant PMI0 as a surrogate for PM25 in NSR permitting programs until certain technical problems were resolved and EPA issued guidance for the states. EPA has issued two relevant implementation rules and has required states to adopt the necessary requirements by July 20, 2012. The revisions help DEEP and the regulated community to understand what new sources or modifications have the potential to impact PM2.5 levels and thus warrant additional permitting requirements. The proposal also revises an ~mrelated portion of the NSR permit program to achieve consistency with federal requirements in 40 CFR 51.165(a)(2). The revision links the applicability for preconstructioa review requirements in nonattaim~ent areas to the pollutant for which the area is designated as nonattainment. The difference between the state and federal requirements has caused considerable delay in processing several NSR permits, so the hmanonization of the requirements is likely to streamline certain f~ature applications. Once adopted, these requirements will be submitted to EPA and will allow DEEP to retain fl~ll approval of its NSR permitting program. Compliance ~]exibilit~ in the Low Emission Vehicle Program (Sections 7 through 9) ~)EEP is proposing to increase the compliance flexibility available to vehicIe manufacturers under Connecticut’s low emission vehicle program, as follows: ~ The greer~ouse gas standards are revised to allow for alternative compliance with the .joint federal EPA/NationaI Highway Traffic Safety Administration greenhouse gas (GHG) standards; and An additional voluntary compliance mechanism allows a manufacturer to demonstratecompliance based on the total number of passenger cars, light-duty trucks, and mediumduty passenger vehicles sold in all states that have adopted California’s vehicle GHG emissions standards under CAA section 177, rather than the current fleet average requirements, which limit averaging only to the state of Cormecticut. The proposed revisions are reqnired under CAA section 177, which requires Cormecticnt’s low emission vehicle program to maintain requirements identical to California’s program.R-S9 Rev. 02/2010 ]?age 13 off5

Repeal of Non-Core Programs (Sections 10 through 14) DEEP recognizes the need to eliminate programs that are no longer necessary to DEEP’s core mission. Accordingly, DEEP proposes to repeal the fo110wing th~-ee discretionary air management pro g~ams:

~ Control of open burning;

~ Portable fuel container spillage control; and
e Permits %r construction of indirect sources. Staff resources i]:eed by this amendment can be devoted to more immediate permitting and enforcement needs. In addition to the repeal of the tl~’ee programs described below, the amendment proposes to revise the Air Bureau’s general fee regulation to delete exemptions from fees provided for the open burning and indirect source permit programs. 

### _O~ In a series ofpublic acts in 1996, 1999 and 2000, the Connecticut General Assembly developed an open burning program via statute, CGS section 22a-174(f), which allows DEEP’s commissioner, along with local officials, to enforce open burning requirements. This statutory program is self-implementing, comprehensive and supersedes DEEP’s authority under RCSA section 22a-174-17, an opera burning regulation developed in 1983. The continued existence of RCSA section 22a-174-17 serves only to confuse and is therefore proposed for repeal.
Portable ~_uel containers. In 2007, EPA promulgated national evaporative emissions ~tandards for portable fuel containers (aka gas cans), which apply to containers manufactured on and after January 1, 2009. These federal standards are as protective of air quality as DEEP’s portable f~el container spilIage control requirements (RCSA section 22a-174-43), which DEEP adopted in 2004 as part of a regional initiative. To eliminate the redundant regulatory requirements, DEEP is proposing to repeai the Connecticut regulation, leaving manufacturers to comply with EPA’s national standards. This approach will allow Connecticut to retain expected air quality benefits, while saving enforcement and administrative resources.
]’ndirect source t2ermits. DEEP is proposing to repeal the indirect source permit (ISP) program of RCSA section 22a-!74-100. The ISP program requires the Connecticut Department ~f Transportation (DOT) to obtain an ISP permit from DEEP before begi~ning certain, state highway construction projects. DEEP recognizes that many of the ISP program elements are duplicated in the transportation conformity process, the National Environn~ental Protection Act and/or the Connecticut Enviromtaental Policy Act. Hence, the ISP program is no longer programmatically necessary for Connecticut. DEEP is developing a jointMemorandum of Agreement with DOT to ensure that, with the repeaI of RCSA section 22a174-100, the limited air quality benefits of the ISP program, especially with respect to emissions from construction equipment, continue in a more efficient, streamIined and less costly manner.R-39 Rev. 02/2010

(Certification Page)

Be it known that the foregoing (checkon~. ~ Regulations [] Emergency Regulations

are (check allthat apply) [] Adopted ~] Amended as hereinabove stated [~ Repeaied by the aforesaid agency pursuant to section(s) 22a-174 of the General Statutes andfor
Public Act number(s) , (If applicable) after publication of notice of intent in the Connecficut Law Journal on__September 27,2011 (If applicable) and the holding of an advertised public hearing on__November 9, 2011 ; WHEREFORE, the foregoing regulations are hereby (checkaltlhatapply) El Adopted [] Amended as hereinabove stated [] Repealed age ~i’6 of t~

EFIII~C"1~IVE: (check on~e, and complete as applicable) [] When filed with the Secretary of the State OR [] (insed dale) _ ~’~\ / ~/ + /

Or uPROVEO by he AttOrney General m accordance with CGS Section 4-169, as amended, due to failure to give



### I (For Regulation Review Committee Use ONL Y) [] Approved [] Approved with technical corrections [] Deemed approved pursuant to CGS 4-170(c) as amended [~ Rejected without prejudice Disapproved in part, (Indicafe Section Numbers disapproved only)

By the Legislative Regulation Review T DATE I SJ.GttED (Administrator, ~e, gislative Regplat~on Review Committee) Comrnittee in accordance with COS | / / ~ ~ ~ (~ ~ -~ ~ Section 4-170, asamended / ~[~ ~o~ ~~ ~ ~, ~~ ~ ~ied copies received and filed and one such co~y fo~arded ~o the Commission on Offic~ Lega~ ~ accordance with CGS Section 4-172, as amended. DATE T SIGNED (Secre~a~ofthe State) ~ BY

INSTRUCTIONS All regulations proposed for adoption, amendment or repeal, exceptemergency regulations, must be presented to the Attorney General for his/her determination of legal sufficiency. (See CGS Section 4-169.) After approval by the Attorney General, original and eighteen 08) copies of all regulations proposed for adoption, amendment or repeal must be presented to the standing Legislative Regulation Review Committee for its action. (See CGS Section 4-170.) Each proposed regulation must be in the form intended for publication and each section must include the appropriate regulation section number and section heading. (See CGS Section 4-172.) New language added to an existing regulation must be in underiinin_g or CAPITAL LETTERS, as determined by the Regulation Review CommRtee. (See CGS 4-170(b).)
5. Language to be deleted must be enclosed in brackets []. (See CGS 4-170(b) )R-39 Rev. 02/2010 Page ]5 of 15

1) I hereby certify that the above (checkon~e) L~ 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-~22a-174{2 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 S__e~mber 2--7 2011 ; (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 h~4t ~;date(s) of public bearing(e)held pursuant to CGS Section 4-168(a)(7), if any, or pursuant t~the~_~,~able statute.) ~ 5) And that said regulations are EFFECTIVE (check one, and complete as apphcable)~ ~.,~_~



###  ̄
. -- u

....~,~, [] When filed w~th the Secretary of the State OR [] on (insertdatt)

~- [ crl~

DATE ) OFFICIAL TITLE,~THORIZED

APPROVED by~ the Attorne DATE in accordance with CGS Section 4-169, as amended OFFICIAL TITLE, DULY AUTHORIZED &~SO$. ATT¥, ~NERAL

Proposed regulations are ) APPROVED by the Attorney General in accordance with CGS Section 4-169, as amended, if the Attorney Ge ~t fails to give notice to the agency of any legal insufficiency within thidy (30) days of the receipt of the proposed regulation (For Regulation Review Committee Use ONL Y) 

# ~Ap p r oved~D~--%~~’’~ Rejected prejudice without

[] Approved with technical corrections [] Disapproved in par[ (Indicate Section Numbers disapproved only) [] Deemed approved pursuant to CGS 4~170(c) as amended

CommitteeSectionBY the Legislative Regulation Review [ DATE )4.170,1hasamendedacc°rdance with COS ~. C~/! ~ I ~Z’-[-~CzqNED(Ad"’a’i"~t°r’L~gi*l°a"zd~g"l~ti°nR’~"i~"C°’n"mt~)lV ~’~k’°~- ~’~ ° ~(~ Two certified copies received and filed and ~ne such copy forwarded to the Commission on Official _Legal Publications in accordance with CGS Section 4-172, as amended. DATE S[GNED (Seo’~laO’ of lhe State) BY

(For Secretary of State Use ONLY)

### ATTACHMENT

Public Notice

### ,
Regulations ~nd notices published herein, pursuant to Genera~ Statutes Sections 4-)68 and 4-)73, are printed exactly as s~ b ~it~ed by the fo~arding agencies. These, being o~cial documents submitted by the responsible agencies, are consequently not subjecZ ~o editing by the Commission on Q~ic~al Legal Publications.A cumulative llst of effecKve amendments to the Regulolions of Connecticut State Agencies may be found in the Connecticut Law Journal dated September 27,

DEPARTMENT OF ENERGY AND ENV]RONMENTAL P~OTECTION
Notice of Intent to Amend the State Air Quality Regulations and to Revise the State Implementation Plan for Air Quality

The Commissioner of the Department of Energy and Environmental Protectipn (DEEP) hereby gives notice of a public hearing as part of a proceeding to rewse and repeal state regulations concerning the abatement ofak pollution- Upon adoption,some of the regula/o~ changes @ill be submitted to the U.S, Environmental Protection Agency as a revision to the State Implementation Plan for air quality to satisfy specific obligations under the Clean Air Act (CAA). The proposed regulatory .chases are grouped into four topics, as follows: recognizes the ~eed to elimi- ~j ~~~t~ DEEP longer necessay to its hate t~ee air management regulator7 progr~s II~at am no corn mission- DEEP proposes to repeal the %llowing sections of the Regulations o~ Connecticut State Agencies (KCSA):

~ 22a-174-!7, con~ol of open burning;

~ 22a-174-43, poAab!~ fuel container spillage control; and

. 22a-174-100, pewits for constt~ction of indirect RCSA section 22a-~24-26(c)(3) and (4), co~ce~ing fees. is also revised to delete references to RCSA’sections 22a-174-17 and 22a-174-100. ~ ~~~te~aiQ~!$= RCSA sections 22a-174-1 and 22a-174-3a ~e revised to inciude significant impact levels, significant emissions rates and increments for fine p~iculate matteL or PMzs, consistent with Environmental Protection Agency (EPA) roles promulgated in 2008 (73 FR 28321) and 20!0 (75 FK 64864-64907).
~r~e~ RCSA sec~on Z2a-174-30 is r~vi~d to includ~ ~n ~x~mption from the requkement to install Stage II vapor recove~ systems. The exemption would apply to gasoline dispensing facilities that exclusively service rental vehicles~ The exemption is consistent with EPA’ s December 12, 2006 deter~nation on widespread use of onboard refueling vapor recove~ under CAA section 202(a)(6). For facilities that are not exempt, repoKing reqnimments for routine Stage II testing are
v~.hi~pzo~ f~-, ~CSA section 22a-174-36b is revised to add compliance flexibility~a.~e 2B CONNECTICUT LAW 70URNikl5 September 27, 201t

for large vehicle manufacturers consistent with CAA section 177 and section 22a174g of the Connecticut General Statutes (CGS). AII interested persons are invited to comment on the proposal. Comments should be submitted no later than 5:00 PiWl on 9 November 20! 1 to Merrily A. Gere, DEEP, Bureau of Air Management, Engineering & Enforcement, 79 Ehn Street, Hartford, Connecticut 06106-5127. Comments may be submitted by post, facsimile to (860) 424-,~064 or by electronic ma 1 to In addition to accepting written comments, DEEP wili also hold the public hearing described below. Any person giving oral comment at the hearing wilI be asked to submit a written copy of such comments. PIJBLIC IiEARING 9 November2011 at 10 AM DEEP, 5th Floor, ttolcombe Room 79 Elm Street, I-Iartford, CT Copies of the proposal described above, the r~gulatory flexibility analysis, and a statement required by CGS section 22a-6(h) arn available for public inspection during normal business hours froha Sha:~on Rowe-Johnson at the Bureau of Air Management, Engineering & Enforcement, 5th Floor, 79 Elm Street, Haxtford, CT. The same documents are posted on DEEP’s website at the following location: ]For further information, contact Merrily A. Gere of the Bureau of Air Management at (860) 424-4152 or by electronic mail to DEEP is an affirmative action/equal opportunity 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 DjE~ P.aa_of~fic_e@c_t~ ogo_~v. Persons who are hearing impaired should call the State of Connecticut relay number 711. Requests for accommodations must be made at least two weeks prior to the programdate.The authoriW to adopt the proposal is granted by CGS sections 22a-6 and 22a174. This notice is required pursuant to CGS sections 22a-6 and 4-168 and 40 Code of Federa! Regulations 51 102. Daniel C. Esty

### ATTACHMENT C
Public Hearing AttendeesConnecticut Department of

"ENERGY & ENVIRONMENTAL PROTECTION 79 Elm Street o Hartford, CT 06106-5127 www.ct.gov/deep

ATTENDANCE Public Hearing 9 November 2011

Robert Silvestri PSEG Power Connecticut, LLC

Robin Baena DEEP

Merril\/Gere DEEP Affirmative Action/Equal Opportunity Employer

### ATTACHMENT D
Public Hearing CertificationConnecticut DepaCcment of

’ENERGY & ENVIRONMENTAL PROTECTION

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



### HEARING CERTIFICATION
This certifies m accordance with the provisions of Title 40 Code of Federal Regulations Part51.102 that the following actions were taken regarding the proposed amendment of sections 22a174-1, 22a-174-3a, 22a-174-30 and 22a-174-36b and the repeal of sections 22a-174-t7, 22a-174- 43 and 22a-174-100 of the Regulations of Connecticut State Agencies: 

## 1) The public hearing was held on 9 November 2011 as am~ounced 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 27 September 2011.



### 27 Se~Rtember 2012 Date /s/Merrily A. Gere Bmeau of Air Management

### ATTACHMENT E
Hearing ReportConnecticutDepartment of



### ENERGY & ENVIRONMENTAL PROTECTION

HEARING REPORT



### 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 Revision of Various Sections of the Air Quality Regulations; Repeal of Non-Core Air Quality Programs

Hearing Officer: Merrily A. Gere 

### Date of Hearing: November 9, 2011

On September 27, 20 ! 1, the Commissioner of the Department of Energy and Environmental Protection (the Department) published a notice of intent to amend various sections of the Regulations of Connecticut State Agencies (RCSA), including portions of sections 22a-!74-1, 22a-174-3a, 22a-174-30 and 22a-174- 36b and to repeal sections 22a-174-17, 22a-174-43 and 22a-174-100. Pursuant to such notice, a public hearing was held on November 9, 2011, with the public comment period closing 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. The proposal is included as Attachment 2 to this report. A final version of the proposal, with revisionsrecommended in this report, is provided in Attachment 3. A statement in satisfaction of CGS section 22a6(h) is included as Attachment 1.
Summary of Proposal The proposal has four components, as follows: Repeal of non-core air quality programs. The Department recognizes the need to eliminate three air management regulatory programs that are no longer necessary to its core mission. The Department proposes to repeal the following sections of the air quality regulations:

22a-174-17, control of open burning; 22a-174-43, portable fuel container spillage control; and 22a-174-100, permits for construction of indirect sources. Subdivisions (3) and (4) of RCSA section 22a-174-26(c), concerning fees, are also revised to delete references to RCSA sections 22a-174-17 and 22a-174-100.2

Fine particulate matter criteria for air permits. RCSA sections 22a-!74-I and 22a-I 74-3a are revised to include significant impact levels, significant emissions rates and increments for fine particulate matter, or PM25,consistent with U.S. Environmental Protection Agency (EPA) rules promulgated in 2008 (73 FR 28321) and 2010 (75 FR 64864-64907). ~ Exemption from Sta~por controls for certain vehicle fleets; report~uirements. RCSA section 22a-174-30 is revised to include an exemption from the requirement to install Stage lI vapor recovery systems. The exemption would apply to gasoline dispensing facilities that exclusively service rental vehicles. The exemption is consistent with EPA’s December 12, 2006 determination on widespread use of onboard refueling vapor recovery under Clean Air Act (CAA) section 202(a)(6). For facilities that are not exempt, reporting requirements for routine Stage II testing are clarified. Compliance options for vehicle manufacturers under the Department’s low emission vehicle p~ RCSA section 22a-174-36b is revised to add compliance flexibility for large vehicle manufacturers consistent with CAA section 177 and CGS section 22a- 174g. This series of repeals and revisions will function overall to reduce regulatory burdens on Connecticut businesses and adminis/rative bm’dens on the Department, without interfering with the Department’s progress towards meeting its air quality goals.

III. Opposition to the Proposal Neither of the commenters opposes the final adoption of the proposal or an aspect of it. EPA made comments of a technical nature and raised issues related to the approval into the State Implementation Plan (SIP) of some of the proposed changes. Such specific concerns are addressed in Section IV. IV. Summary of Comme~ts Written comments were received from the following persons: 1. Anne Arnold, Manager Air Quality Planning Unit USEPA Region 1 5 Post Office Square, Suite I00 Boston, MA 02109-3912
Eric J. Brown Director of Energy and Environmental Policy Connecticut Business and Industry Association 350 Church Street Hartford, CT 06103-1126 All comments submitted by the two commenters are summarized below with the Department’s responses. Commenters are associated with the individual comments below by the number assigned above. When changes to the proposed text are indicated in response to comment, new text is in bold font and deleted text is in strikethrough font. Comments are organized by the four components of the proposal identified in Section lI of this report. Repeal of non-core air quality programs. Comment 1: CBIA supports the Department’s repeal of non-core programs, particularly to allow the Department to allocate more time and resources to addressing the most significant air quality challenges in Connecticut. (2) Response:The Department takes note of CBIA’s support for the proposed repeal of non-core programs.Comment2: On December 23, 1980, EPA published a final rulemakiug in the Federal Register

approving the withdrawal of Connecticut’s indirect source regulation from the Connecticut SIP (45 FR 84769). As RCSA sectiOn 22a-174-100 is not part of the EPA-approved Connecticut SIP, the repeal of RCSA section 22a-174-100 should be not submitted to EPA as a SIP revision. (I) Response:The Department thanks EPA for coufirming that RCSA section 22a-174-100 is not currently an element of the SIP. If the proposed repeal is completed successfully, the Department will not submit the repeal of RCSA section 22a-174-100 to EPA as a SIP revision.

Comment3: RCSA section 22a-174-17 is not SIP-approved. The predecessor regulation, RCSA section 19-508-17, is the EPA-approved regulation in the SIP. IfCGS section 22a-174(1) replaces RCSA section 19-508-17 in the SIP, EPA is concerned that the statute is not as protective as the former regulation. EPA’s concerns are summarized in tbe table below, which compares the former SIP-approved regulation (RCSA section !9-508-17) to CGS section 22a-174(1), which the Department proposes as a replacement. EPA also notes: , CGS section 22a-174(1) focuses on burning of brush and does not explicitly include many types of open burning covered by former RCSA section !9-508-17. EPA notes in the table that some activities are more stringently regulated in CGS section 22a-174(t) while others are less stringently regulated. EPA recommends that the Department avoid losing stringency or introducing ambiguity. EPA points out that RCSA section 22a- 174-I 7 covers different activities than are addressed by CGS section 22a-174(1). The regulation also adds a definition of"brush" tbat is not included in the statute.

Items in italic font are required by the current SIP but not addressed in CGS section 22a-174~. Underlined items are included in the statute but are not addressed in the current SIP. Activity SIP-approved RCSA section 19-508-17 CGS section 22a-174(f)
Brush burning on Written certification fi-om the commissioner: Need per~nit from local ~nunicipal residential * No interference with NAAQS official: property * No hazardous health condition o No interference with NAAQS

* Conditions to avoid nuisance, protect health and , No hazardous health condition safety  ̄ No extreme forest fire dan~e~ ~ No salvage  ̄ No air pollution episode No practical and reasonably available advisory alternative method No violation of a mtmicipal urdinance
Brush burning in Same as above. Need pemait fi’om fire marshal: municipal  ̄ No interference with NAAQS landfill, transfer ~ No hazardous health condition station or

- No extreme forest fire dang~ recycling center  ̄ No air pollution episode advisor’A

 ̄ No violation of a municipal ordinance Landfill not on hot~ otp~k~12 No burning of leaves, demolition waste or other landfill waste Campfires mad Allowed without permit. Use non-processed wood. bonfires Do not create a nuisance. In accordance with "anOutdoor fires

used for cooking food for human consumption Fire breaks and controlled fires Fires in salamanders, etc~ Fire training SIP-approved RCSA section 19-508-17

Allowed without permit.

Allowed, controlled by directions of the fire official Allowed without permit.

Need written certificate from commissioner including conditions to avoid nuisance and protect health and safety
* No hazardous health condition

. No salvage

,. No practical and reasonably available alternative method
* No interference with NAAQS Same as above CGS section 22a-174(f)
restrictions imposed on such bm~in~." Not specified.

Allowed without restriction. Not specified. Need an open burning permit from an open burning official.

Need an open burning permit from an open burning official. ~ires for disease/pest control :’ires for disposal Same as above,plus no reasonable alternative Need an open burning permit from an of dangerous method of disposal open burning official. materials "Agricultural Need an open burning permit fi’mn an purposes" open burning official.

Clearing vegetative debris Not a separate category. Authorizes fires for

agricultural disease/pest control and agricultural burning for vegetation management, which need a wrilten certificate from the commissioner, including: o Conditions to avoid nuisance andprotect health and safety

~ No hazardous health condition

 ̄ No salvage

,. No practical and reasonably available alternative method ,, No interference with NAA QS Implied. Not clear if permit is required, Need an open burning permit from an open bm-ning official. following a natural disaster Vegetative enhancement or habitat enhancement Not addressed. Need an open burning permit from an open burning official. Must occur on municipal ~ private property permanentl2 designated as open space. Any other fires to )revent hazard! protect public health Need written certificate from the commissioner:

Necessary to prevent a hazard that can’t be managed by any other means or necessary to protect public health

 ̄ Conditions to avoid nuisance and protect health mad safety

~ No hazardous health condition

,, No salvage

 ̄ No practical and reasonably available alternative method Not specified. Ambiguous whether allowed without permit or prohibited.5

Activity SIP-approved RCSA section 19-508-17 CGS section 22a-174(t)

~ No interti~rence with NAAQS Response:As of August 1, 1983, the section 19-508-# series of air quality regulations was renumbered as 22a-174-# via Public Act 83-159 of the Connecticut General Assembly. The regulatory substance was unchanged. Thus, the former RCSA section 19-508-17, which was submitted to the SIP, became RCSA section 22a-174-17 on August 1, 1983. However, no corresponding SIP revision acknowledging the change in numbering was submitted. The Department will explain this history in the SIP submission that will follow this rulemaking to make it clear that SIP-approved RCSA section !9-508-17 is RCSA section 22a-174-17, which will be replaced in the revision by CGS section 22a-174(f). RCSA section 19-508-17 no longer exists except as a phantom in tbe SIP. In this response, the Department will refer to RCSA section 22a-! 74-17 to mean the Connecticut air quality regulation pertaining to open burning.While the Department contends that the program of open burning control under CGS section 22a174(f) is at least as protective as the program implemented under RCSA section 22a-174-17, thequestion is irrelevant since, based on its legislative history, the provisions of CGS section 22a174(f) supersede the regulation. The state legislature amended subsection (f) of CGS section 22a174 in 1996, 1999 and 2000. The 2000 amendments allow for local open burning officials to issue permits for open burning on residential property and for fire training, insect control, agricultural purposes, natural disaster clean-up, wildlife habitat and vegetative management and ecological sustainability; establish a process for nominating and certifying local open burning officials; allow open burning on state property with approval of the commissioner and authorize the commissioner to adopt regulations governing open burning. As the general assembly was well aware of RCSA section 22a-174-! 7 in developing the 2000 statutory amendments, the authority provided to adopt regulations was intended for new regulations consistent with the amended statute. EPA points out in its comment and accompanying table that some activities regulated under RCSA section 22a-174-17 are not regulated under CGS section 22a-174(f) and vice versa. The most important point is that both the regulation and statute allow for significant control over open burning to be placed in the hands of municipal officials, who are better situated to respond to open burning events, as burning events are sporadic in nature and often occur outside of routine business hours. Well-trained municipal officials and effective enforcement result in an open burning program under CGS section 22a-174(f) at least as protective as that under the regulation. The Department has been providing training to municipal officials on open burning enforcement for over a decade, since the enactment of the statute. The Bureau of Air Management is presently enhancing its training with a free online course to assist municipalities in meeting the certification requirements for an Open Burning Official. The Open Burning Training Program for MunicipalOfficials is being designed as an overview of the statutory" requirements under CGS section 22a174(f) regarding residential and municipal open burning provisions and is targeted to local officials responsible for knowing the law and implementing it on the local level. In developing this on-line training, the Bureau is currently undertaking a comprehensive review of the existing program elements to identify potential improvements in program effectiveness and efficiency. In addition, the Department pursues enforcement actions, typically if large quantities of material are burned in violation of CGS section 22a-I 7zl(f) or in the case of a repeated violation. The Department has taken nine formal actions to address violations under CGS section 22a-174(f). Four actions resulted in consent orders. Three referrals to the Office of Attorney General are now actively being pursued, as are one criminal referral to the Office of the Chief States Attorney and one referral to EPA Region 1.6

Furthermore, the Department anticipated the repeal of RCSA section 22a-174-17 upon the general assembly’s amendment of CGS section 22a-174(f) and decided that the most important part of the regulation that would be lost is the definition of’°brush.’’ Effective February 1, 2010, the Department added a definition of"brush~’ to RCSA section 22a-I 74-1, definitions of general applicability to the air quality regulations. So, despite the repeal of RCSA section 22a-174-17, the Department has a definition of "brush" for use for enforcement and compliance purposes. In sum, the current program of open burning under CGS section 22a-174(f) is at least as stringent as the program formerly implemented under former RCSA section 19-508-17. The Department should proceed with the repeal of RCSA section 22a-174-17 as an administrative cleanup consistent with legislative actions and use the information provided here in the SIP narrative upon submission of the repeal to EPA. Fine particulate matter criteria for air permits. Comment 4: In Table 3a(k)-I of section 22a-174-3a, Connecticut should add the following entry since the current regulation does not contain a requirement equivalent to 40 CFR 51.166(b)(23)(ii), which defines significant as any increase of a regulated NSR pollutant which is not listed: Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year). (1) Response:The Department appreciates EPA’s careful review of its proposal. As the recommended addition is outside the scope of the proposal, the Department should not move forward with the suggestion at this time. The Department will take note of that requirement for possible addition to a future proposal. Comment 5: EPA requests Connecticut revise Table 3a(k)-I to be more consistent with 40 CFR 51.166(b)(23)(i) regarding precursor pollutants. 40 CFR 51.166(b)(23) contains a partial list of regulated NSR pollutants. Volatile organic compounds (VOCs) are not a listed pollutant. The regulated NSR pollutant is ozone with VOCs regulated as precursors of ozone. Connecticut should revise Table 3a(k)-I as follows:
Air Pollutant Emission Levels 

### (Tonsper Year)
Ozone (as Volatile Or_ganic Compounds) 25 Ozone (as Nitrous Oxide) PM;.~ (as direct emissions) 10 PM) s (as Nitrous Oxide) 40 PM~ s (.~., ,as Sulfur Dioxide) 40
Response:Although the Department appreciates the concept underlying EPA’s suggested revision to Table 3a(k)-l, the Department should not revise Table 3a(k)-I as recommended. For the regulated community, that ozone is the regulated air pollutant and subject to a NAAQS is not as important as identifying the pollutant emitted and to which the emission levels of the Table apply. Furthermore, Connecticut does not use the term "regulated pollutant," so as a defined term it has no relevance. From a practical standpoint, EPA’s suggested change is confusing for both ozone and PM2.5. Therefore, the Department should not revise the proposal in response to this comment. Exe~ption frolyl StaRe lI vapor controls for certain vehicle fleets; reporting requirements. Comment 6: The opening bracket was omitted from RCSA section 22a-174-30(b)(6). (1)7

Response:The Department thanks EPA for noting this error on the published versiou of the proposal. The proposed text should have appeared as set out below, and this is the text that the Department should use in proceeding with this rulemaking process. (6) Any owner or operator of a dispensing facility [which is] not subject to subdivision (1), (2), (3) or (4) of this subsection shall maintain at such dispensing facility records of monthly throughput which demonstrate such a dispensing facility is not subject to subdivision (1), (2), (3) or (4) of this subsection. Such records shall be kept for five (5) years and shall be made available for inspection by a representative of the [Department or EPA] commissioner or Administrator.
Comment7: RCSA section 22a-174-30(b)(7) provides an exemption for both new and existing gasoline dispensing stations that service rental vehicles or corporate or commercial fleets. If the intent is to exempt both new and existing statious, the Department should also adopt decommissioning procedures to be followed by existing stations equipped with Stage Ii vapor recovery systems that choose to seek exemption. (An example of such procedures can be found in Appendix A of Maine’s Chapter 118 regulation.) Otherwise, Connecticut should revise this subdivision to reflect that only new gasoline dispensing facilities are able to use the new exemption. (1) Response:The Department’s intent in proposing subsection (b)(7) is to exempt existing mad new stations that meet the stated criteria from the Stage fl vapor control requirements of RCSA section 22a-174-30. The Depa~nent is working to develop decommissioning guidance now, which we expect to make available for public comment and discussion in early 2012. The decommissioning guidance is necessa~N not only to support the proposed exemption but to support broader scale decommissioning efforts anticipated as a result of EPA’s recent publications concerning widespread use of onboard vapor recovery. The Department plans to finalize the decommissioning guidance in the first quarter of 2012, prior to the likely completion of this rulemaking effort. The Department’s intent is that after removal of Stage II equipment, facility owners will need to maintain a properly operating Stage I vapor control system. As proposed, the exemption appears to apply to both Stage I and Stage II control equipment. While the majority of the applicable Stage 1 requirements are included in RCSA section 22a-174-20(a), a fe~v are specified in RCSA section 22a-174-30, and these few need to be taken into account in the exemption. The Department should limit the exemption to only Stage II vapor control equipment. The Department should also refer to "onboard refueling vapor recovery" whenever the phrase is used for consistency. Proposed subsection (b)(7) should be revised by the addition of the text in bold font, as follo~vs: ~) ~An owner or operator of a dispensin_~ that exclusively services rental vehicles or co_~porate or commercial fleets, where at least ninety-five percent (95%) of such vehicles or fleets are equipped with onboardrefueling vapor recovery systems, may submit to the commissioner a written request for an exemption fi’om the Sta~eII vapor controlrequirements of this section. )kn exemption request shall demonstrate, and the preparer shall certify, that at least 95% of the vehicles fueled at the facili~uipped with onboard refueling vapor recovery systems and that a minimum of 95% onboard refueling vapor recovery systemuse will be maintained. Commeut 8: The SIP-approved version of RCSA section 22a-174-30 requires facilities to install Stage fl systems and parts that have been approved by CARB or another state using test methods approved by CARB. In subdivisions (I) and (2) of subsection (c), Connecticut is proposing to allow Stage II systems and parts that have been approved in writing by the Commissioner. Provisions with such state discretion are not acceptable for approval into the SIP. Therefore, subdivisions (1) mad (2) of subsection (c) should be revised to require approval of the Commissioner and EPA. (1)Response:As suggested in the comment concerning subdivisions (1) and (2) of subsection (c),

the Department should include the EPA Administrator in the approval process for Stage II systems and parts. The Department should also correct the format error in the proposal by combining subparagraph (A) into subdivision (1) and re-identifying the subclauses as subparagraphs, as follows:
(1) No person shall install a Stage II vapor recovery system at a dispensing facility unless÷

~ such system [is or has ever been tested and approved by CARB; or] has been ap_p~



### CARB,
Another state using testing nlethods approved b CARB or

The commissioner and the Administrator, in writing.
[(B) Such system is or has ever been tested and approved by another state using testing methods approved by CARB; and (C) Such system utilizes only coaxial hoses.] (2) No person shall replace any part of a Stage II vapor recovery system with a new or rebuilt part unless such new or rebuilt part is or has ever been approved for installation in such Stage II vapor recovery system either by CARB~ [or] by another state using testing methods approved by CARB[.] ~or in writin~ by the commissioner and the Administrator. Compliance options for vehicle manufacturers under the Department’s low emission vehicle pro~ Comment9: The California Code of Regulations (CCR) Title 13 provisions have been amended since Connecticut initially adopted California’s low emission vehicle program. One change is the deletion of Article 2 "Approval of Motor Vehicle Pollution Control Devices (New Vehicles)." The sections formerly under Article 2 are now under the General Provisions of Article 1. The Department should take this opportunity to change Table 36b-1 to reflect the current structure of CCR Title 13. (1) Response:The Department thanks EPA for the suggestion. Upon inspection, the Department agrees that California has deleted Article 2 of Chapter 1 of Title 13, and RCSA section 22a-174- 36b may be revised with respect to this change. In Table 36b-I, the Department should delete the line title for Article 2 of Chapter I, as all of the listed sections are now part of California’s Article 1 of Chapter 1, as indicated below. The remainder of Table 36b-1 should not change, except as noted in the response to Comment 10.

Table 36b-1 California Code of Regulations (CCR)

Title 13 Provisions Incorporated by Reference

# |

Title 13 CCR /Title
Chapter I Motor Vehicle Pollution Control Devices Section Amended Dat~

Article I General Provisions
Section 1900 I Definitions ~ 04/17/09

Section 1956.8(g) i0/11/07 and (h)

Section 1960.1 03/26/04

Etc. l *~************* Exhaust Emission Standards and Test Procedures -

1985 and Subsequent Model Heavy Duty Engines and Vehicles Exhaust Emission Standards and Test Procedures -1981 and through 2006 Model Passenger Cars, LightDuty and Medium-Duty Vehicles

Comment 10:In Table 36b-1, the row for Section 1961.1 appears to have an incorrect section amendment date of March 29, 2010. Section 1961.1 was amended and new subsections were added by California on April 1, 2010. Please ensure that the correct amendment date for Section 196 I.l is included in Table 36b-1. (1) Response:The Department thanks EPA for pointing out the eta’or in the date in Table 36b-1 associated with Section 1961.1. The Department should change March 29, 2010 to April !, 2010, as recommended in the comment. The corrected row in Table 36b-I shall read as follows:

Table 36b-1 California Code of Regulations (CCR)

Title 13 Provisions Incorporated by Reference Section 

### Title 13 CCR Title Amended Date 

### Chapter I Motor Vehicle Pollution Control Devices Article I General Provisions Section 1900 Definitions 04/17/09

......... Section 1956.8(g) Exhaust Emission Standards mad Test Procedures - 10/11/07 and (h) 1985 and Subsequent Model Heavy Duty Engines and

Vehicles Section 1960. l Exhaust Emission Standards and Test Procedures - 03/26/04

1981 and through 2006 Model Passenger Cars, LightDuty and Medium-Duty Vehicles Section 1961 Exhaust Emission Standards and Test Procedures - 06116/08

2004 and Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles10

Section 1961.1 Greenhouse Gas Exhaust Emission Standards and

Test Procedures - 2009 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Dut~ Vehicles. [01/01/06]

04/01/10

V. Comments of Hearing Officer The hearing officer suggests the following additional revisions to the proposal. The suggested revisions are minor and will make for a clearer final proposal consistent with the Department’s intent. (1) Concerning the proposed addition of subdivision (5) to RCSA section 22a-174-30(e), the proposed language should be revised to eliminate the use of a fax machine as an acceptable means of submitting test repo~s to the Department. Given the low cost and widespread availability of electronic mail as a reporting option in combination with option of submitting a paper copy by U.S. mail or courier, the option of faxing is not necessm~¢ and comes at a higher cost to the Department than the other means of submission. For proper format, the sentence concerning the submission of the test report should also be incorporated into the text of the subdivision, prior to the subparagraphs. Proposed section 22a-174-30(e)(5) should be revised as follows: 

### (5) Not more than ten business days after testing is conducted under subdivision (1) or (2) of this subsection, the owner or operator of such dispensing facility shall ensure that a written report of the results of such testing is submitted to the Department’s Bureau of Air Management, Engineering and Enforcement Division. Such a written report may be submitted viamail, courier or electronicmail. In addition to all test results produced in testing the t~acility, such a report shall include: 

## (A) A list of all repairs made to the Stage II vapor recovery system to achieve proper function; and
(B) A certification signed by a responsible official of the entity that conducted the testing, who shall certify in writing as fol!ows: I have personally examined and am familiar with the information submitted in this report and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the testing that is the subject of this report was performed in accordance with the requirements of section 22a-174-30 of the Regulations of Connecticut Agencies and the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in the submitted report may be punishable as a criminal offense under section 22a-175 of the Connecticut Genera! Statutes, under section 53a-157b of the Connecticut General Statutes, and in accordance with any applicable statute.(2) Concerning the definition of "corporate or commercial fleets" proposed for addition to RCSA

section 22a-174-30(a)(4), the Department should change the defined term from plural to singular for consistency with the other defined terms in the section. The list of organizatiou owners should also be changed from plural to singular since a single organization may own a fleet. The revised definition should appear as follows in the final text of the proposal: 

### 4~) "Corporate or commercial fleets fleet" means vehicles that are used for business purposes and are owned by e, erpor

........ ~............... - " " " *~" ....... ;~’~ " a corporation~ government, university or another organization.

VI. Conclusion Based upon the comments addressed in tbis report, I recommend the proposal be revised as recommended herein and that the recommended final proposal, included as Attachment 3 to this report, shall be submitted by the Commissioner for approval by the At~tomey General and the Legislative Regulations Review Committee and apon adoption, be submitted to EPA as one or several SIP revisions.

Merril~v A. Gem Merrily A. Gere Hearing Officer 8 February 2012 DateConnecticut Department of



### ENERGY & ENVIRONMENTAL PROTECTION

Attachment I

STATEMENT PURSUANT TO SECTION22a-6(h) OF THE GENERAL STATUTES CONCERNING THE ADOPTION OF REGULATIONS PERTAINING TO ACTIVITIES FOR WHICH THE FEDERAL GOVERNMENT HAS ADOPTED STANDARDS OR PROCEDURES
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 government has adopted standards or procedures. At the time of public notice, 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 regulation-making record required under CGS Title 4, Chapter 54 and make such explanation publicly available at the time of the publication of the notice of intent required under CGS section 4-168. In accordance with the requirements of CGS section 22a-6(h), the following statement is entered into the administrative record in the matter of the proposed revisions to and repeal of various sections of the air quality regulations. This proposal is a series of changes to the Department’s air quality programs that will function generally to reduce regulatory burdens on Connecticut businesses and administrative burdens on the Department. This proposal has four components: The addition of fine particulate matter requirements into the Department’s new source review permitting program to retain federal program approval; An exemption from Stage II vapor controls for certain vehicle fleets; ~, Additional compliance options for vehicle manufacturers under the Department’s tow emission vehicle program; and The repeal of non-core air quality programs. 

### The Department has performed a comparison of the proposal with analogous federal laws and regulations, namely the Clean Air Act (CAA) mad standards and procedures in 40 Code of Federal Regulations (CFR), as follows: The addition of PM2.5 requirements to the New Source Review (NSR) Permitting Program in RCSA section 22a-174-3a aligns RCSA section 22a-174-3a with the U.S. Envirom~aental Protection Agency’s (EPA’s)Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers" (PMz.s) (73 FR 28321, 2008) andPrevention of Significant Deterioration (PSD) for Particulate Matter Less’ Than 2.5 Micrometers (PMzs) (75 FR 64864-64907, 2010). Together, these final rules delineated several NSR program elements for sources of PMz5. While EPA first promulgated a NAAQS for PMzs in 1997, EPA allowed states to use the pollutant PM~0 as a surrogate for PMzs in NSR permitting programs until certain technical problems were resolved. Consistent with EPA’s rules, RCSA section 22a-174-3a is revised to include PMzs significant impact levels, significant emissions rates andncrements, in addition to adding PMz5 to the requirements for internal offset or certified emission

reduction credits in nonattainment areas. There are no differences between the applicable standards promulgated by the EPA rules and tbose new PM25 standards added to RCSA section 22a-174-3a. The inclusion of an exemption from Stage II vapor controls in RCSA section 22a-174-30 is consistent with EPA’s guidance provided in December 12, 2006 and November 28, 2007 memoranda concerning the widespread use of onboard refueling vapor recovery (ORVR). CAA section 182(b)(3) requires Stage II vapor recovery systems to be used at gasoline dispensing facilities located in serious, severe, and extreme non-attainment areas for ozone. Stage 1I program requirements are set out in a SIP revision and approved by EPA. Connecticut’s Stage lI program was first approved in 1991 (58 FR 65930). However, CAA section 202(a)(6) allows EPA to waive Stage lI requirements for certain ozone nonattainment areas when ORVR systems are in widespread use in a motor vehicle fleet. The 2006 and 2007 memoranda distributed by the EPA identified gasoline dispensing facilities that exclusively service rental vehicles and corporate or commercial fleets as categories for which widespread use may occur em’lier than for the motor vehicle fleet as a whole. EPA also determined that widespread use occurs when 95% of the vehicles in a rental vehicle fleet or corporate or commercial fleet are equipped with ORVR. The revisions to RCSA section 22a-174-30 provide for the exemption from Stage II program requirements for rental vehicle fleets or corporate or commercial fleets in which 95% of the vehicles are equipped with ORVR. The addition of the definition of’°corporate or commercial fleets" to subsection (a) of RCSA section 22a-174-30 mirrors the language of the November 28, 2007 memorandum. The other revisions related to the exemption from Stage II vapor recovery systems based on widespread use of ORVR pertain to the procedures for requesting such an exemption, for which there is no federal analogue. Hence, for those revisions, CGS section 22a-6(h) does not apply. The remaining revisions are clarifications of existing requirements. With respect to the amendment of RCSA section 22a-174-36b concerning the Low Emission Vehicle (LEV)program,the revisions are intended to maintain the consistency of Connecticut’s LEV program with California’s LEV program. There are two federally sanctioned LEV programs from which a state may choose to comply in the United States, the federal emissions program located in Title II of the CAA or the California LEV program. In 2004, Connecticut adopted the California program. Since adoption, the °’identicality" provisions of CAA section 177 and CGS section 22a-174g require Connecticut to update its LEV progq’am in response to changes in California’s LEV program. California last revised its LEV program in March 2010 and included three compliance flexibility options for large vehicle manufacturers, which this proposal incorporates by reference into RCSA section 22a-174-36b. Since Connecticut adopted the California LEV program by incorporation, there are no discemable differences between the revisions in RCSA section 22a-174-36b and the revisions to the California program in March 2010. With respect to the repeal of RCSA sections 22a-174-17, 22a-174-43 and 22a-174-100,the Department recognizes the need to eliminate air management regulatory programs that are no longer necessary to its core mission. A section by section comparison of the proposal with federal standards and procedures follows: RCSA section 22a-174-17,control of open burning, regulates open burning by requiring prior certification for certain types of outdoor fires. While EPA discourages open burning and provides educational resources on its effects, there are no comparable federal standards intended to improve ambient air quality by regulating the practice of open burning. Hence, the provisions of CGS section 22a-6(h) do not apply. RCSA section 22a-174-43,portable fuel container spillage control, regulates the manufacture of portable fuel containers to limit hydrocarbon emissions that evaporate from or permeate through fuel containers. Connecticut established its portable fuel container program in 2004 based on a program developed by the California Air Resources Board (CARB). The Department revised its program in 2007 to remain consistent with CARB’s program. On February 26, 2007, EPA published a final rule, Control qf Hazardous Air Pollutants from Mobile Sources (72 FR 8428),which established a significantly similar program, also based on the CARB program. Both the

Federal and Connecticut rules regulate all portable fuel containers, including those intended for use with diesel and kerosene, require manufacturers to warrantee those containers for a minimum of one year, and specify labeling requirements. The emission standard or permeation rate promulgated by each rule differs slightly. The Federal standard of 0.3 grams/gallon/day for portable fuel containers is more stringent than the emissions standard required under RCSA section 22a-174-43 of 0.4 grams/gallon/day, tn general, EPA’s rule is less prescriptive than RCSA section 22a-174-43, relying on the emission standard rather than specific design requirements. However, overall, the federal prograna is at least as protective as RCSA section 22a-174-43 and results in equivalent or greater emissions reductions. The repeal of RCSA section 22a-174-43 leaves the federal program as the only applicable program in Connecticut. RCSA section 22a-174~100, permits for construction of indirect sources, regulates via permits certain roadway construction projects on the Connecticut highway system. Originally, EPA had required all State Implementation Plans (SIPs) to contain indirect source review regulations as part of each state’s effort to attain and maintain the National Ambient Air Quality Standards (NAAQS) for ozone and carbon monoxide. In 1979, the program was rescinded fi’om the CFR and eliminated as a SIP requirement when EPA concluded that the indirect source permit~ting program did not significantly contribute to progress toward attainment and maintenance of the ozone NAAQS. Consistent with this conclusion, the Department has not quantified emission reductions from the progrmn for attainment purposes. All projects subject to indirect source permitting are also subject to the transportation conformity process contained in 40 CFR 93. The transportation conformity process is required by the CAA and ensures that federally-funded or approved transportation plans, programs, and projects conform to the air quality objectives established in the SIP. The repeal of RCSA section 22a-174-100 will eliminate the duplicative requirements of the indirect source permitting program and the transportation conformity process.



### 1 September 2011 Date Merrily A. Gere

### Attachment 2 ProposalSection 1. Definition (60) of section 22a-174-1 of the Regulations of Connecticut State

Agencies is amended as follows:
(60) "Major source baseline date" means January 6, 1975 for pmticulate matter m~d sulfur dioxide; [and] February 8, 1988 for nitrogen dioxide’ and October ~10 for
See. 2. Table 3a(i)-I of section 22a-174-3a(i) of the Regulations of Connecticut State Agencies is amended as follows:
Table 3a(i)-1 Ambient Impact

[AIR POLLUTANT AMBIENT IMPACT (MICROGRAMS PER CUBIC METER) 

### PM10 Annual average 24-hour average -gul fro Dioxide Annual average 24-horn average 3-hour average Carbon Monoxide 8-hour average 1-hour average Nitrogen Dioxide Annual average Dioxin Annual average (as calculated according to Section 22a- 174-1 (29) of the Regulations of Connecticut State Agencies) (Polychlorodibenzodioxins (PCDDs)) (Polychlorodibenzofurans (PCDFs)) Lead (Pb) Three (3) month average 1 5

1 5 25

500 2000

1

(Notwithstanding above units) 0.1 picograms/m~



### 0.3]AIR POLLUTANT



### Annual averag~ 24-hour averag~ PM10 Annual average 24-hour average Sulfur Dioxide Annual averaK~ 24-horn" averag~ 3-hour average Carbon Monoxide 8-hour averag~ 1-hour average_ Nitrogen Dioxide Annual average Dioxin Annual averaj~e (as calculated according to Section 22a-174-t(29) of the Regulations of Connecticut State
~’Polychlorodibenzodioxins (PCDDs)) _ (Polvchlorodibenzofurans (PCDFs))
Three (3) month averag~ AMBIENT IMPACT (MICROGRAMS PER CUBIC METER)



## 1_

1_ 5_ 2~5


## 5o o 2000 

## _1

~NotwithstandinN above units) ~rams/m3

See. 3. Table 3a(k)-I of section 22a-174-3a(k) of the Regulations of Connecticut State Agencies is amended as follows:



### Table 3a(k)-I Significant Emission Rate Thresholds

[AIR POLLUTANT EMISSION LEVELS (TONS PER YEAR) Carbon Monoxide 100 Nitrogen Oxides (as an ozone precursor) 25 Nitrogen Oxides (NOx National Ambient Air 40 Quality Standard) Sulfur Dioxide 40 Particulate Matter 25

### PM~0

Volatile Organic Compounds Hydrogen Sulfide (H2S) Total Reduced Sulfur (including H2S) Reduced Sulfur Compounds (including H~S) Sulfuric Acid Mist Fluorides Lead Mercury Municipal Waste Combustor Organics(measured as total tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans) Municipal Waste Combustor Metals (Measured as particulate matter) Municipal Waste Combustor Acid Gases (Measured as sulfur dioxide and hydrogen chloride) 15 25 10 10 !0 7 3 0.6 0.1 3.5 x 10~

15


### 40]

AIR POLLUTANT EMISSION LEVELS (ToNs PER YEAR) Carbon Monoxide 

### 10~0 Nitrogen Oxides (as an ozone precursor) 

## 22 Nitrogen Oxides (as a PM2,s precursor) 

## 4--O Nitrogen Oxides ~Ox National Ambient Air 

## 4-O Quality Standard) Sulfur Dioxide (as a PMz5 precursor) Sulfur Dioxide (SO7 Nationa~ 1 Ambient Air 

## 4-O _Oualitv Standard) Particulate Matter PM2.5 1-O
Volatile Organic Compound~ Hydrogen Sulfide (H2S) 

### 1-O Total Reduced Sulfur (includin~ 1-O _Reduced Sulfur Compounds (includin Ig~:~S~ Sulfuric Acid Mist 

## _7 Fluorides Lead MercurE Municipal Waste CombustorOraanics 3.5 x 106

### measured as total tetra-tluouKh_hoctachlorinated dibenzo-p-dioxins and dibenzofurans) Municipal Waste Combustor Metals (Measured as particulate matter) Municipal Waste Combustor Acid Gases ~Measured as sulfur dioxide and hydro~:~_ chloride)

See. 4. Table 3a(k)-2 of section 22a-174-3a(k) of the Regulations of Connecticut State Agencies is amended as follows:

Table 3a(k)-2 Maximum Allowable Increase above Baseline Concentration

[AIR POLLUTANT PSDINCREMENT (ug/m~) Particulate Matter, as PM10 Almual Arithmetic Mean 17 24-Hour Average 30 Sulfur Dioxide Annual Arithmetic Mean 20 24-Hour Average 91 3-Hour Average 512 Nitrogen Dioxide Annual Aritlunetic Mean 25]

AIR POLLUTANT PSD INCREMENT (n~/m3)



### PM2.5 Annual Arithmetic Mean 24-Hour Average Particulate Matter, as PM~0 Annual Arithmetic Mean 24-Hour Average Sulfur Dioxide Annual Arithmetic Mean 24-Hour Average 3-Hour Average Nitrogen Dioxide Annual Aritbanetic Mean 

## 2__O 9~1 

## 51_ 2

Sec 5. Section 22a-174-3a(/)(1) of the Regulations of Connecticut State Agencies is amended as follows:

### (1) Applicability. In accordance with subsection (a) of this section, the provisions of this

subsection shall apply to the owner or operator of_: [any new major stationary source or major modification which:] 

## (A) [Is or will be a] ~ new major stationary source that: [or major modification for any nonat~ainment air pollutant if such source is located in a non-attainment area for such air pollutant; or]

Is or will be constructed in a designated nonattainment area a~nd
Is or will be major for the pollutant for which the area is designated nonattainment~

(B) 

### [Is located in an attainment area or unclassifiable area, but the allowable emissions of any air pollutant would cause or exacerbate a violation of a National Ambient Air Quality Standard in an adjacent non-attainment area. Allowable emissions of any such air pollutant will be deemed not to cause or contribute to a violation of a National Ambient Air Quality Standard provided that such emissions result in impacts that are less than levels set forth in Table 3a(i)-I in subsection (i) of this section.] ~_~2L~_ajor modification that: Occurs at a source that is major for the pollutant for which the area is _designated nonattaim:aent; and Is or will be major for the pollutant for which the area is designated nonattainment; or An,/new major stationary source ormNor modificationthat is located in an atlainment area or unclassifiable area, but the allowable emissions of any air pollutant would cause or exacerbate a violation of a National Ambient Air Quality Standard in an adjacent nonattaimnent area. Allowable emissions of any such air pollutant will be deemed not to cause or contribute to a violation of a National Ambient Air Quality Standard provided that such emissions result in impacts that are less than levels set forth in Table 3a(i)-Iin subsection (i) of this section.
Sec 6. Section 22a-174-3a(/)(4) of the Regulations of Connecticut State Agencies is amended as follows:
(4) Offsetting emission reductions or Emission Reduction Credits. 

## (A) Except as provided in subdivision (8)(B) of this subsection, prior to commencing operation pursuant to a permit issued under this section, the owner or operator of the subject source or modification shall:

## (B) (i) reduce actual emissions from other stationary sources on such premises, sufficient to offset the allowable emissions increase for each individual non-attainment air pollutant which is the subject of the application, or 

## (ii) obtain certified emission reduction credits in accordance with subdivision (5) of this subsection, which credits are sufficient to offset the allowable emissions increase for each individual nonattaimnent air pollutant; and The commissioner shall not grant a permit to an owner or operator of the subject source or modification unless the owner or operator demonstrates that internal offset or certified emission reduction credits pursuant to subparagraph (A) of this subdivision:
(i)



## (ii)

(iii)


## (iv)



## (v)

(vi)

(vii) have occurred preceding the submission of such application and prior to the date that the subject source or modification becomes operational and begins to emit any air pollutant. The commissioner may consider a time period begilming no earlier than November 15, t990, are not otherwise required by any of the following: the Act; a federally enforceable permit or order; the State Implementation Plan; or the regulations or statutes in effect when such application is filed, will be incorporated into a permit or order of the commissioner and would be federally enforceable, will create a net air quality benefit in conjunction with the proposed emissions increase. In determining whether such a net air quality benefit would be created, the commissioner may consider emissions on an hourly, daily, seasonai or annual basis. For carbon monoxide or particulate matter (total suspended particulate=~2.s and PMm), the net air quality benefits shall be determined by the use of atmospheric modeling procedures approved by the commissioner and the Administrator in writing. Upon the request of the commissioner, the owner or operator shall make and submit to the commissioner, a net air quality benefit determination for each air pollutant. Such determination shall include, but not be limited to, all increases and decreases of emissions from stationary sources at any premises providing the offsetting emission reductions, shall be based on the pounds per hour of potential emissions increase from the subject source or modification. The commissioner may consider other more representative periods, including, but not limited to, tons per year or pounds per day, are identified in an emissions inventory maintained by the commissioner or otherwise approved in writing by the commissioner, are of the same non-attaim~aent air pollutant of which the owner or operator proposes to increase. Reductions of any exempt volatile organic compound [listed in Table 1-3 of section 22a-174-1 of the Regulations of Connecticut State Agencies or those] listed in 40 CFR 51.100 shall not be

### used to offset proposed increases emissions of non-exempt volatile organic compom~ds,
(viii) occurred at either: one or more stationary sources in the same nonattaimnent area or stationary sources in another non-attainment area if, pursuant to the Act, such area has an equal or higher nonattainment classification than the area in which the proposed activity would take place, and if emissions from such other nonattainment area contaibute to aviolation of a National Ambient Air Quality Standard in the nonattainment area in which the proposed activity would take place,
(ix) 

### for the applicable non-attainment air pollutant, shall be from reductions in actual emissions, and 

## (x) offset actual emissions at a ratio greater than one to one, as deter~nined by the commissioner. In addition, the owner or operator shall offset emission increases of allowable emissions at a ratio, for volatile organic compounds or nitrogen oxides, of at least: 1.3 to 1 in any severe non-attainment area for ozone, and 1.2 to 1 in any serious non-attainment area for ozone.
Sec. 7. Section 22a-174-30(a) of the Regulations of Connecticut State Agencies is mnended as follows: 

### (a) Definitions. For the purposes of this section:
(1) "CARB" means the State of California Air Resources Board. (2) "CARB-certified fill adapter" means a specialized fitting on a stationary gasoline storage tank that prevents the loosening or overtigbtening of the connecting line between an entry port of a gasoline fill pipe and the fill line from a gasoline delivery vehicle. (3) "Dispensing facility" means any site where gasoline is transferred to motor vehicles from any stationary storage tank with a capacity of 250 gallons or more.
4(~ "Corporate or commercial fleets" means vehicles that are used for business purposes and
are owned by corporations, governments,universities or other org_anizations. [(4)].(~) "Gasoline" means any petroleum distillate or blend of petroleum distillate and alcoho! having a reid vapor pressure of four pounds per square inch or greater and used as a fuel for internal combustion engines. [(5)]~) "Major system modification" means, notwithstanding any definition in section 22a-174- 1 of the Regulations_ of Connecticut State Agencies: (A) The repair or replacement of any stationary storage tank equipped with a Stage II vapor recovery system;(B) 

### The repair or replacement of any part of an underground piping system attached to a stationary storage tank equipped with a Stage II vapor recovery system, excluding the repair or replacement of any part of an underground piping system that is accessible for such repair or replacement without excavation; 

## (c) The replacement of a vapor balance Stage II vapor recovery system with a vacuum assist Stage iI vapor recovery system; or 

## (D) The replacement of a vacuum assist Stage II vapor recovery system with a vapor balance Stage II vapor recovery system. [(6)]~) "Owner or [Operator] operator" means any person who owns, leases, operates or controls a dispensing facility subject to this section. [(7)]~ "Reid vapor pressure" or "RVP" means the vapor pressure of a liquid in pounds per square inch absolute at one hundred (100) degrees Fahrenheit as determined by American Society for Testing and Materials (ASTM) method D5191-01. [(8)]~) "Stage I vapor recovery system" means a vapor recovery system that prevents the discharge to the [atmoshphere] ~ of gasoline vapors while gasoline is transferred between a delivery vehicle and a dispensing facility in accordance with the provisions of section 22a-174-20(a) of the Regulations of Connecticut State Agencies. [(9)] l(.k0) "Stage II vapor recovery system" or "system" means a vapor recovery system that prevents the discharge to the atmosphere of at least ninety-five percent (95%) by weight of gasoline vapors displaced during the dispensing of gasoline into a motor vehicle fael tank. [(10)] l~k) "Throughput" means the number of gallons of gasoline delivered into motor vehicles through all equipment at a dispensing facility over a specified period of time. [( 11)] 1(~) "Two-point Stage I vapor recovery system" means a stationary storage tank possessing an entry port for a gasoline fill pipe and an exit port for a vapor connection that seals when the vapor return connection is disconnected in a manner that will prevent the discharge of gasoline vapors to the [atmoshpere.] atm__t~9~here. [(12)] 1~) "Vacuum assist Stage II vapor recovery system" means a stage II vapor recovery system that uses a vacuum-generating device to draw gasoline vapors from a motor vehicle’s gasoline fuel tank during the dispensing of gasoline into such tank.
Sec. 8. Subdivisions (6) and (7) of section 22a-174-30(b) of the Regulations of Connecticut State Agencies are amended as follows: 

### (6) Any owner or operator of a dispensing facility [which is] not subject to subdivision (1), (2), (3) or (4) of this subsection shall maintain at such dispensing facility records of monthly tl~-oughput which demonstrate such a dispensing facility is not subject to subdivision (1), (2), (3) or (4) of this subsection. Such records shall be kept for five (5) years and shall be made available for inspection by a representative of theartment or EPA] .commissioner or Administrator.

### ~ An owner or operator of a dispensing facility that exclusively services rental vehicles or

co__QLporate or commercial fleets, where at least ninetzzt]ve percent (95%) of suchvehicles or fleets are equ~ with onboard refueling vapor recovery systems, mAY submit to the commissioner a written request for an exemption from the requirements of this section. An exem~otion request shall demonstrate~ and the preparer shall certify~ that at least 95% of the vehicles fueled at the facility are equipped with onboard refueling vapor recovery systems and that a minimum of 95% onboard vapor recovery system use will be maintained.
Sec. 9. Subdivisions (1) and (2) of section 22a-174-30(c) of the Regulations of Connecticut State Agencies are amended as follows:


### (1) No person shall install a Stage II vapor recovery system at a dispensing facility unless: 

## (A) Such system [is or has ever been tested and approved by CARB; or] has been a_p_proved

Another state using testinjz methods approved b~
The commissioner, in writin2,=
[(B) Such system is or has ever been tested and approved by another state using testing methods approved by CARB; and (C) Such system utilizes only coaxial hoses.] (2) No person shall replace any part of a Stage II vapor recovery system with a new or rebuilt part unless such new or rebuilt part is or has ever been approved for installation in such Stage II vapor recovery system either by CARB~ [or] by another state using testing methods approved by CARB[.], or in writing by the commissioner.
Sec. 10. Subdivision (2) of section 22a-174-30(e) of the Regulations of Connecticut State Agencies is amended as follows: 

### (2) [At least every five years and after November t5, 2004 every tl~ree years or upon major system modification, whichever occurs first, an] An owner or operator of a dispensing facility shall conduct !~erformance testing to verify that the Stage II vapor recovery system is operating properly. Such a performance test shall be conducted within ttn-ee years of the date the previous passing test was conducted. If the owner or operator makes a maior_system modification~a performance test shall be conducted within 45 days of the completion of such modification. Such performance testing shall include a leak check test and any and all other functional tests that ~vere required by subdivision (1) of this subsection. [Minor excavation conducted solely for the purpose of complying with the requirements of subsections (c)(6) and (c)(7) shall not, by itself, trigger the requirement to test pursuant to this subdivision.]Sec. 11. Section 22a-174-30(e) of the Regulations of Connecticut State Agencies is amended

by adding subdivision (5), as follows: 

### (NEW) (5) Not more than ten business days after testing is conducted under subdivision (1) or (2) of this subsection, the owner or operator of such dispensing facility shall ensure that a written report of the results of such testing is submitted to the Department’s Bureau of Air Management, Engineering and Enforcement Division. In addition to all test results produced in testing the facility, such a report shall include:
(A) A list of all repairs made to the Stage II vapor recovery system to achieve proper function; and 

## (B) A certification signed by a responsible official of the entity that conducted the testing, who shall certify in writing as follows: 1 have personally examined and am familiar with the information submitted in this report and all attacbanents thereto, and I certify that based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the info~cnation, the testing that is the subject of this report was performed in accordance with the requirements of section 22a-174-30 of the Regulations of Connecticut Agencies and the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in the submitted report may be punishable as a criminal offense under section 22a-175 of the Connecticut General Statutes, under section 53a-157b of the Connecticut General Statutes, and in accordance with any applicable statute. A test report submitted under this subdivision may be submitted via mail or courier, facsimile or via electronic mail.
Sec. 12. Section 22a-174-30(f) of the Regulations of Connecticut State Agencies is amended by adding subdivision (5), as follows: 

### (NEW) (5) Any dispensing facility operating under an exemption pursuant to subdivision (7) of subsection (b) of this section shall maintain the following records at the facility: 

## (A) Documentation of monthly throughput of gasoline at the facility, which shall include dates mad quantities of gasoline delivered and monthly records of the quantity of gasoline dispensed; and
(B) 

### Copies of manut~acturers’ specifications clearly demonstrating that vehicles in the fleet are equipped with onboard refueling vapor recovery systems.
Sec. 13. Subsection (g) of section 22a-174-36b of the Regulations of Connecticut State Agencies is amended as follows: (g) Fleet Average Emissions Reporting Requirements.

### (1) For the purposes of determining compliance with the requirements of subsections (c)(3)

and (e) of this section, commencing with the 2008 model year, each manufacturer shall submit annually to the Department, by March 1stof the calendar year succeeding the end of the model year, a report which demonstrates that such manufacturer has met the fleet average emissions requirements for its fleet delivered for sale in Connecticut. Commencing with the 2009 model year, such report shall include medium-duty vehicles. (2) Prior to the commencement of each model year, commencing with the 2008 model year, each manufacturer shall submit, to the Department, a projection of the fleet average emissions for vehicles to be delivered for sale in Cormecticut during such model year. Commencing with the 2009 model year, such report shall include medium-duty vehicles. (3) Commencing with the 2009 model year, each manufacturer shall report the average greenhouse gas emissions of its fleet delivered for sale in the State of Connecticut, using the same format used to report such information to CARB. If the voluntary compliance option described in subsection (n)(2) of this sectionis used, a manufacturer shall report separate data for the multi-state pool and the Connecticut portion. Such report shall be filed with the commissioner by March 1st

### of the calendar year succeeding the end of the model year and shall include the number of greenhouse gas vehicle test groups certified pursuant to subsection (m)(5) of this section, delineated by model type, delivered for sale into the State of Connecticut.
4(~) A manm?acturer that elects to demonstrate compliance pursuant to subsection (n)(3) o~f this section shall submit to the Department a cop,/of the official re.port demonstratin~ compliance with the national greenhouse ~asproNram.The submitted report shall contain the information and be in the format required in California Code of Regulations, Title 13, section 1961.1. Sec. 14. Subsection (n) of section 22a-174-36b of the Regulations of Connecticut State Agencies is amended as follows:
(n) Greenhouse gas emission standards and related requirements. 

### Each manufacturer subject to the greenhouse gas provisions of this section shall demonstrate compliance with such provisions as required by, and in accordance with, Code of California Regulations, Title 13, section 1961.1.
2(2) For all 2009 and subsequent model ,!ear vehicles, manufacturers may demonstrate co~npliance based on the total number of passenger cars~ li~ht-dut,/trucks, and medium-duty passenger vehicles certified to the California exhaust emission standards in California Code of Regulations, Title 13, section 1961.1, which m-e~produced and deliveredfor sale in Connecticut. California, and all other states that have adopted California’s greenhouse gas emission standards pursuant to section 177 of the Clean Air Act. A manufacturer that fails to compl,/under the l~rovisions of this subdivision shall be subiect to applicable~nalties and shall be required to ~y with the ~reenhouse gas standards pursuant to subdivision (1) of this subsection.
3~) For the 2012 through 2016 model ,/ears, a manufacturer may elect to demonstrate compliance with the California exhaust emissions standards b,/demonstrati~liance with the national gLeenhouse ~pursuant to California Code of Regulations, Title 13, ~ection 1961.1. A manufacturer with outstandin~ greenhouse gas debits at the end of the 2011

### model year shall submit a plan to the Department describing_how the debits willbe offset

utilizing credits earned under the national greenhouse
~ Sec. 15. Table 36b-1 of section 22a-174-36b of the Regulations of Connecticut State Agencies is amended as follows:

Table 36b-1 California Code of Regulations (CCR)

Title 13 Provisions Incorporated by Reference


### Title 13 CCR Title Chapter 1 Motor Vehicle Pollution Control Devices Section Amended Date



### Article 1 General Provisions Section 1900 Definitions Article 2 Approval of Motor Vehicle Pollution Control Devices (New Vehicles) Section 1956.8(g) m~d Exhaust Emission Standards and Test (h) Procedures- 1985 and Subsequent Model

Section 1960. t

Section 1961

Section 1961.1

Section t962

Section 1962.1

Section 1965

Section 1968.1 Heavy Duty Engines and Vehicles

Exhaust Emission Standards and Test Procedures = 1981 and through 2006 ModelPassenger Cars, Light-Duty and MediumDuty Vehicles Exhaust Emission Standards and Test Procedures - 2004 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medimn-Duty Vehicles Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2009 andSubsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles. Zero Emission Vehicle Standards for 2005 through 2008 Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles Zero Emission Vehicle Standards for 2009 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles Emission Control, Smog Index, and Environmental Performance Labels - 1979 and Subsequent Model Year Vehicles Malfimction and Diagnostic System Requirements - 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and 04/t 7/09

io~i 1/07

03/26/04



### 06/16/08

[01/01/06]

03/29/10

04/17/09



### 04/17/09

06116/0~

11/27/99

### Medium-Duty Vehicles

Section 1968.2 Malfunction and Diagnostic System 11/09/07

Requirements - 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium:Duty Vehicles Section 1968.5 Enforcement of Malfunction and Diagnostic 11/09/07

System Requirements for 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines Section 1976 Standards and Test Procedures for Motor 01/04/08

Vehicle Fuel Evaporative Emissions Section 1978 Standards and Test Procedures for Vehicle 01/04/08

Refueling Emissions 

### Article 6 Emission Control System W~grranty 

### Section 2035 Purpose, Applicability and Definitions 11/09/07 Section 2036 Defects Warranty Requirements for 1979 5/15/99

through 1989 Model Year Passenger Cars, Light-Duty Trucks and Medimn-Duty Vehicles; 1979 and Subsequent Model Year Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles. Section 2037 Defects Warranty Requirements for 1990 11/09/07

and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles Section 2038 P~rformance Warranty Requirements for 11/09/07

1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles Section 2039 Emission Control System Warranty 12/26/90

Statement. Section 2040 Vehicle Owner Obligations 12/26/90 Section 2046 Defective Catalyst 

### t116179 

### Chapter 2 Enforcement of Vehicle Emission Standards and Enforcement Testing. Article 1 Assembly Line Testing. Se~ion 2062 Assembly-line Test Procedures 1998 and I 1 t/27/99

Subsequent Model-years. ~ Article 2 Enforcement of New and ln-use Vehicle Standards Section 2101 Compliance Testing and Inspection - New 11/27/99

Vehicle Selection, Evaluation and Enforcement Action. Section 2109 New Vehicle Recall Provisions. 12/30/83

### Section 2110 ] Remedial Action for Assembly-Line Quality ! 1/27/99 Audit Testing of Less than a Full Calendar Quarter of Production Prior to the 2001 Model-Year. Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls. 

### Section 2111 Applicability. 01/04/08 Section 2112 Definitions. 11/15/03

Appendix A to Article 2.1. 1/15/03 Section 2113 Initiation and Approval of Voluntary and 1/26/95

nfluenced Recalls. Section 2t 14 Voluntary and Influenced Recall Plans. 11/27/99 Section 2115 Eligibility for ~.epair. 1/26/95 Section 2116 Repair Label. 1/26/95 Section 2117 Proof of Correction Certificate. t/26/95 Section 2118 Notification. 1/26/95 Section 2119 Record keeping and Reporting ! 1/27/99

Requirements. Section 2120 Other Requirements Not Waived. 1/26/95 

### Article 2.2 Procedures for In-Use Vehicle Ordered Recalls. Section 2122 General Provisions. 01/4/08 Section 2123 Initiation and Notification of Ordered 1/26/95

Emission-Related Recalls. Section 2124 Availability of Public Hearing. 1/26/95 Section 2125 Ordered Recall Plan. 1/26/95 Section 2126 Approval and Implementation of Recall 1/26/95

Plan. Section 2127 Notification of Owners. 1/26/95 Section 2128 Re__pair Label. 1126195 Section 2129 Proof of Correction Certificate. 1/26/95 Section 2130 Capture Rates and Alternative Measures. 11127/99 Section 2131 Preliminary Tests. 1/26/95 Section 2132 Communication with Repair Personnel. 1/26/95 Section 2133 Record keeping and Reporting 1/26/95

Requirements. Section 2 t 35 Extension of Time. 1/26/95 

### Article 2.3 1n-Use Vehicle Enforcement Test Procedures. Section 2136 General Provisions. 01/04/08 Section 2137 Vehicle Selection. 12/28/00 Section 2138 Restorative Maintenance. 11/27/99 Section 2139 Testing. 8/21/02 Section 2 t40 Notification of in-Use Results. 8/21/02 Article 2.4 Procedures for Reporting Failure of Emission-Related ~onents. Section 2141 I General Provisions. 01/04/08 Section 2142 Alternative Procedures. I 2/23/90

### Section 2143 Failure Levels Triggering Recall. 

### 11127199

Section 2144 Emission Warranty Information Report. 

### 1 t127/99 Section 2145 Field Information Report. 11/27199 Section 2146 Emissions Information Report. 11127/99 Section 2147 Demonstration of Compliance with 8121102

Emission Standards. Section 2 t48 Evaluation of Need for Recall. 11/27/99 Section 2149 Notification of Subsequent Action. 2/23/90 

### Article 5 Procedures for Reporting Failures of Elnission-Related Equipment and Required Corrective Action 

### Section 2166 General Provisions 

### 01/04/08 Section 2166.1 Definitions. 01/04/08 Section 2167 Emission Warranty Information Report. 01/04/08 Section 2168 Supplemental Emissions Warranty 01/04/08

Information Report. Section 2169 Recall and Corrective Action for Failures of 01/04/08

Exhaust After-Treatment Devices. Section 2170 Recall and Corrective Action for Other 01/04/08

Emission-Related Component Failures (OnBoard Diagnostic-Equipped Vehicles and En~gines). _ Section 2171 Recall and Corrective Action for Vehicles 01/04/08

without On-Board Diagnostic Systems, Vehicles with Non-Compliant On-BoardDiagnostic Systems, or Vehicles with OnBoard Com2puter Malfunction. Section 2172 Notification of Required Recall or 01/04/08

Corrective Action by the Executive Officer. Section 2172.1 Ordered or Voluntary Corrective Action 01/04/08

Plan. Section 2172.2 Approval and Implementation of Corrective 01/04/08

Action Plan. Section 2172.3 Notification of Owners. 01/04/08 Section 2172.4 Repair Label. 01/04/08 Section 2172.5 Proof of Correction Certificate. 01/04/08 Section 2172.6 Preliminary Tests. 01/04/08 Section 2 t72.7 Communication with Repair Personnel. 01/04/08 Section 2172.8 Recordkeeping and Reporting. 01/04/08 Section 2172.9 Extension of Time. 01/04/08 Section 2173 Penalties. 01/04/08 Section 2174 Availability of Public Hearing. 01/04/08

 ̄ " r 

### Chapter 4.4 Specificattons fo Fill Pipes and Openings of Motor Vehicle Fuel Tanks. i__Section 2235 __ I Requirements. !9/17/91
See. 16. Section 22a-174-17 of the Regulations of Connecticut State Agencies is repealed.

Sec. 17. Section 22a-174-43 of the Regulations of Connecticut State Agencies is repealed.

### Sec. 18~ Section 22a-174-100 of the Regulations of Connecticut State Agencies is repealed.

Sec. 19. Subdivisions (3) and (4) of subsection (c) of section 22a-174-26 of the Regulations of Connecticut State Agencies are amended as follows: (3) [There is no fee for any permit issued to a municipality or to an agency of the state or political or administrative subdivision thereof under section 22a- 174-100 of the Regulations of Connecticut State Agencies.]Reserved.
(4) [There is no fee for any certificate required under section 22a-174-17 of the Regulations of Connecticut State Agencies.] Reserved.

Statement of Purpose This regulatory proposal is a series of changes to the Department of Energy and Environmental Protection’s (DEEP’s) air quality programs that will function to reduce regulatory burdens on Connecticut businesses and administrative burdens on DEEP, without interfering with DEEP’s progress towards meeting its air quality goals.
This proposal has four components: ® The addition of fine particulate matter requirements into DEEP’s new som’ce review permitting program, to retain federal program approval;
o The exemption from Stage lI vapor controls for certain vehicle fleets;

- Additional compliance options for vehicle manufacturers under DEEP’s low emission vehicle program; and o The repeal of non-core air quality programs.
Fine Particulate Matter (PM2.5) Criteria for Air Permits (Sections I through 6) DEEP is proposing to include the pollutant fine particulate matter, or PMz~, in DEEP’s new source review (NSR) permit program. While the U.S. Environmental Protection Agency (EPA) first promulgated a National Ambient Air Quality Stand~u’d for PM2.~ in 1997, EPA allowed states to use the pollutm~t PMt0 as a surrogate for PM~ in NSR permitting programs uutil certain technical problems were resolved and EPA issued guidance for the states. EPA has issued two relevant implementation rules and has required states to adopt the necessary requirements by July 20, 2012. The revisions help DEEP and the regulated community to understand what new sources or modifications have the potential to impact PMzs levels and thus warrant additional permitting require~nents.
The proposal also revises an unrelated portion of the NSR permit program to achieve consistency with federal requirements in 40 CFR 51.165(a)(2). The revision links the applicability for preconstruction review requirements in nonattainment areas to the pollutant for which the area is designated as nonattainment. The difference between the state and federal requirements has caused considerable delay in processing several NSR permits, so the harmonization of the requirements is likely to streamline certain future applications.
Once adopted, these requirements will be submitted to EPA and will allow DEEP to retain full approval of its NSR permitting program.Exemption from Stage H Vapor Controls (Sections 7 through 12t

DEP is proposing to allow rental, corporate or commercial vehicle fleets to seek an exemption from the requirement to install vapor recovery systems at fleet gasoline dispensing stations. The criteria that must be met to obtain an exemption ensure that the exemption will not interfere with the state’s air quality goals yet will reduce financial burdens for environmental compliance at certain facilities. The amendment also adds record keeping requirements to support the exemption and makes minor corrections.
Onboard refueling vapor recovery (ORVR) systems are installed in newer model year vehicles to collect vapors that would otherwise be released when the gasoline tank is filled. These on-vehicle systems are alternatives to the Stage lI vapor recovery systems installed on gasoline pumps. Section 202(a)(6) of the Clean Air Act (CAA) allows EPA to waive Stage II requirements for certain ozone nonattainment areas when ORVR is in widespread use in a motor vehicle fleet. In two guidance memorandums issued in 2006 and 2007, EPA identified dispensing facilities that exclusively serve rental vehicles or corporate or commercial fleets as categories for which widespread use may occur em’lier than for the motor vehicle fleet as a whole, if95% of the fleet vehicles have ORVR installed. EPA has approved a similar regulatory exelnption in Rhode Island.
Compliance Flexibility in the Low Emission Vehicle Program (Sections 13 through 15) DEEP is proposing to increase the compliance flexibility available to vehicle manufacturers under Connecticut’s low emission vehicle program, as follows: The greenhouse gas standards are revised to allow for alternative compliance with the joint federal EPA/National Highway Traffic Safety Administration greenhouse gas (GHG) standards; and An additional voluntary compliance mechanism allows a manufacturer to demonstrate compliance based on the total number of passenger cars, light-duty trucks, and medium-duty passenger vehicles sold in all states that have adopted California’s vehicle GHG emissions standards under CAA section 177, rather than the current fleet average requirements, which limit averaging only to the state of Connecticut. The proposed revisions are required under CAA section 177, which requires Connecticut’s low’ emission vehicle program to maintain requirements identical to California’s program.
Repeal of Non-Core Programs (Sections 16 through 19) DEEP recognizes the need to eliminate programs that are no longer necessary to DEEP’s core mission. Accordingly, DEEP proposes to repeal the following three air management discretionary programs:
o Control of open burning;

 ̄ Portable fuel container spillage control; and

 ̄ Permits for construction of indirect sources.
Staff resources freed by this amendment can be devoted to more immediate permitting and enforcement needs. In addition to the repeal of the three programs described below, the amendment proposes to revise the Air Bureau’s general fee regulation to delete exemptions from fees provided for the open burning and indirect source permit programs.
.Q.pen burniny::In a series of public acts in 1996, 1999 and 2000, the Connecticut General Assembly developed an open burning program via statute, CGS section 22a-174(f), which allows DEEP’s commissioner, along with local officials, to enforce open burning requirements. This statutoryprogram is self-implementing, comprehensive and supersedes DEEP’s authority under RCSA section

22a-174-17, an open burning regulation developed in 1983. The continued existence of RCSA section 22a-174-17 serves only to confuse and is therefore proposed for repeal.
Portable fuel containers. In 2007, EPA promulgated national evaporative emissions standards for portable fuel containers (aka gas cans), which apply to containers manufactured on and after January I, 2009. These federal standards are as protective of air quality as DEEP’s portable fuel container spillage control requirements (RCSA section 22a-174-43), which DEEP adopted in 2004 as pmnt of a regional initiative. To eliminate the redundant regulatory requirements, DEEP is proposing to repeal the Connecticut regulation, leaving manufacturers to comply with EPA’s national standards. This approach will allow Connecticut to retain expected air quality benefits, while saving enforcement and administrative resources.
Indirect source p_ermits. DEEP is proposing to repeal the indirect source permit (ISP) program of RCSA section 22a-174-100. The ISP program requires the Connecticut Department of Transportation (DOT) to obtain an ISP permit from DEEP before beginning certain state highway construction projects. DEEP recognizes that many of the ISP program elements are duplicated in the transportation conformity process, the National Environmental Protection Act and/or the Connecticut Environmental Policy Act. Hence, the ISP program is no longer programmatically necessary for Connecticut. DEEP is developing a joint Memorandum of Agreement with DOT to ensure that, with the repeal of RCSA section 22a-174-100, the limited air quality benefits of the 1SP program, especially with respect to emissions from construction equipment, continue in a lnore efficient, streamlined and less costly manner.

### Attachment 3

Final Text of the Proposal, Based on Recommendations in the

Hearing Officer’s ReportIMPORTANT: Read instructions on

bottom of last page (Certification Page) before completing this form, Failure to comply with instructions may cause disapproval of proposed regulations State of Connecticut 

## R =GULATIO Page 1 of !6

NAME OF AGENCY Energy and Environmental Protection Concerning SUBJECT MA3q-ER OF REGULATION Amendment of sections 22a-174-:~, 22a-174-3a, 22a-174-30, 22a-:[74-36b, 22a-174-26,and repeal of sections 22a-174-17, 22a-174-43 and 22a-174-100 of the

Regulations of Connecticut State Agencies (RCSA)

Section 1. Definition (60) of section 22a-174-1 of the Regulations of Connecticut State Agencies is ame~aded as follows: (60) "Major source baseline date" means January 6, 1975 for particulate matter and sulfur dioxide; [and] February 8, 1988 for nitrogen dioxide2 and October 20~ 2010 for PM25.
Sec. 2. Table 3a(i)-I of section 22a-174-3a(i) of the Regulations of Connecticut State Agencies is amended as follows: Table 3a(i)-1 Ambient Impact

[AIR POLLUTANT

PM10 Annual average 24-hour average Sulfur Dioxide Annual average 24-hour average 3-hour average Carbon Monoxide 8-hour average 1-hour average Nitrogen Dioxide Annual average )ioxin Annual average (as calculated according to Section 22a-174-!(29) of the Regulations of Connecticut State Agencies) (Polychlorodibenzodioxins (PCDDs)) (Polychlorodibenzofurans (PCDFs)) Lead (Pb) Three (3) month average 1 5

1 5 25 AMBIENT IMPACT (MICROGRAMS PER CUBIC METER)~



### 500 2000

(Notwithstanding above units) 0.I picograms/m3



### 0.3]

AIR POLLUTANT

.PM2.5 Annual average_ 24-hour average AMBIENT IMPACT (MICROGRAMS PER CUBIC~.METER)Page 2 of 16

R-39 Rev. 0212010
PM10 Annual average_ 24-hour avera~ Sulfur Dioxide Annual average 24-hour average 3-hour average_ Carbon Monoxide 8-hour average 1-hour average Nit_j!ro_gen Dioxide Annual average Dioxin Annual average (as calculated according to Section 22a- 174-1 (29) of the R~gulations of Connecticut State
(Pot¥chlorodibenzodioxins (PCDDs)) (Pol¥chlorodibenzofurans (PCDFs)) Three ~ month avera.g~ 

### !



## ! _5

50~0 2000

(Notwithstanding above units) 0.~! icograms/m3

Sec. 3. Table 3a(k)-I of section 22a-174-3a(k) of the Regulations of Connecticut State Agencies is alnel~ded as follows:
Table 3a(k)-I Significant Emission Rate Thresholds

[AIR POLLUTANT EMISSION LEVELS (TONS PER YEAR) Carbon Monoxide 100 ~Oxides (as an ozone precursor) 25 Nitrogen Oxides (NOx National Ambient Air 40 ~Quality Standard) Sulfur Dioxide 40 

### Particulate Matter 25 

### PMI0 15 Volatile Organic Compounds 

### 25 ~ l~ydrogen Sulfide (H2S) 10 Total Reduced Sulfur (including H2S) 10 Reduced Sulfur Compounds (including H2S) 10 Sulfuric Acid Mist 7 Fluorides 3 Lead 0.6 Mercury 0.1 Municipal Waste Combustor Organics 3.5 x !0-6 (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) Municipal Waste Combustor Metals 15 Measured as particulate matter) Municipal Waste Combustor Acid Gases 40] (Measured as sulfur dioxide and hydrogen chloride)R-39 Rev. 02/2010 Page 3 of 16

AIR POLLUTANT EMISSION LEVELS (TONS PER YEAR) Carbon Monoxide 100 Nitrogen Oxides (as an ozooe precursor) 25 ~_Nitrogen Oxides (as a PM2.5 precursor) 4_0_0

__ ~en Oxides (NOx National Ambient Air 4~0 Quality/Standard) Sulfur Dioxide (as a PM2.5 precursor) 40 Sulfur Dioxide S~_National Ambient Air QualiL~ 

### 4~0 Standard) Particulate Matter PM2.5 10 PM10 15 Volatile Organic Compounds_ 25 Hydrogen Sulfide (H2S) 10 Total Reduced Sulfur (including H2S_) -~educed Sulfur Compounds (includin~ H2S) Snlfuric Acid Mist 7 Fluorides 3 Lead Mercury _Municipal Waste Combustor Organics 3.5 x I0-6 (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) Municipal Waste Combustor Metals 

### I~ _(Measured as particulate matter) Municipal Waste Combustor Acid Gases (Measured as sulfur dioxide and hydro eg~_ chloride)
Sec. 4. Table 3a(k)-2 of section 22a-174-3a(k) of the Regulations of Connecticut State Agenciesis amended as follows:

Table 3a(k)-2 Maximum Allowable Increase above Baseline Concentration

lAIR POLLUTANT Particulate Matter, as PM 10 Annual Arithmetic Mean 24-Hour Average Sulfur Dioxide Annual Arithmetic Mean 24-Hour Average 3-Hour Average Nitrogen Dioxide Annual Arithmetic Mean 17 30

20 91 512
25] PSD INCREMENT (ug/m~_)_

AIRPOLLUTANT PSD INCREMENT (ug/m3)

PM2.5 Annual Arithmetic Mean ___24-Hour Average 

### _9Page 4 of 16

R-39 Rev. 02/20!0 Particulate Matter, as PM 10 Annual Arithmetic Mean 24-Hour AveraKe_ Sulfur Dioxide Annual Arithmetic Mean 24-Hour Averag~ 3-Hour Averag~ Nitrogen Dioxide Annual Arithmetic Mean 

### 2~0 9_[1 51~2


### 2~
Sec 5. Section 22a-174-3a(/)(1) of the Regulations of Connecticut State Agencies is amended as follows: (1) Applicability. In accordance with subsection (a) of this section, the provisions of this subsection shall apply to the owner or operator of_." [any new major stationary source or major modification which:] 

## (A) [Is or will be a] ~ major stationary source that: [or major modification for auy nonattainment air pollutant if such source is located in a non-attainment area for such air pollutant; or] Is or will be constructed in a designated nonatta_inment area; and Is or will be m~jor for the pollutant for which the area is designated nonattainment;
(B) [Is located in au attainment area or unclassifiable area, but the allowable emissions of any air pollutant would cause or exacerbate a violation of a National Ambient Air Quality Standard in an adjacent non-attainment area. Allowable emissions of any such air pollutant will be deemed not to cause or contribute to a violation of a National Ambient Air Quality Standard provided that such emissions result in impacts that are less than levels set forth in Table 3a(i)-I in subsection (i) of this section.] Any major modification that:

Occursat a source that is major for the pollutant for which the area is desiNnated nonattainnaent; and Is or will be major for the pollutant for which the area is designated nonattainment; or ~or stationary source or major modification that is located in an attainment area or unclassifiable area, but the allowable emissions of any~j~ pollutant would cause
or exacerbate a violation of a National Ambient Air Ouali!~ Standard in an adjacent nonattainment area. Allowable emissions of any such air l~otlutant will be deemed not to cause or contribute to a violation of a National Ambient Air Quality Standard provided that such emissions result in impacts that are less than levels set forth in Table 3a(i)-I in subsection (i) of this section.
Sec 6. Section 22a-174-3a(/)(4) of the Regulations of Connecticut State Agencies is amended as follows: (4) Offsetting emission reductions or Emission Reduction Credits.R-39 Rev, 02/20!0 Page 5 of 16

(A) Except as provided in subdivision (8)(B) of this subsection, prior to commencing operation pursuant to a permit issued under this section, the owner or operator of the subject source or modification shall: 

## (i) reduce actual emissions from other stationary sources on such premises,sufficient to offset the allowable emissions increase for each individual nonattainment air pollutant which is the subject of the application, or 

### (ii) obtain certified emission reduction credits in accordance with subdivision (5) of this subsection, which credits are sufficient to offset the allowable emissions increase for each individual nonattainment air pollutant; and 

### (B) The commissioner shall not grant a permit to an owner or operator of the subject source or modification unless the owner or operator demonstrates that internal offset or certified emission reduction credits pursuant to subparagraph (A) of this subdivision:
(i) have occurred preceding the submission of such application and prior to the date that the subject source or modification becomes operational and begins to emit any air pollutant. The commissioner may consider a time period beginning no earlier than November 15, 1990, (ii) are not otherwise required by any of the following: the Act; a federally enforceable permit or order; the State Implementation Plan; or the regulations or statutes in effect when such application is filed,
(iii) will be incorporated into a permit or order of the commissioner and would be federally enforceable, 

### (iv) will create a net air quality benefit in conjunction with the proposed emissions increase. In determining whether such a net air quality benefit would be created, the commissioner may consider emissions on an hourly, daily, seasonal or annual basis. For carbon monoxide or particulate matter (total Suspended particulate~ PMz_.~_ and PMI0), the net air quality benefits shall be determined by the use of atmospheric modeling procedures approved by the commissioner and the Administrator in writing. Upon the request of the commissioner, the owner or operator shall make and submit to the commissioner, a net air quality benefit determination for each air pollutant. Such determination shall include, but not be limited to, all increases and decreases of emissions from stationary sources at any premises providing the offsetting emission reductions, 

### (v) shall be based on the pounds per hour of potential emissions increase from the subject source or modification. The commissioner may consider other more representative periods, including, but not limited to, tons per year or pounds per day, 

### (vi) are identified in an emissions inventory maintained by the commissioner or otherwise approved in writing by the commissioner, 

### (vii) are of the same non-attainment air pollutant of which the owner or operator proposes to increase. Reductions of any exempt volatile organic compound [listed in Table 1-3 of section 22a- 174-1 of the Regulations of Connecticut State Agencies or those] listed in 40 CFR 5 I. 100 shall not be used to offset proposed increases emissions of non-exempt volatile organic compounds,R-39 Rev. 02/2010 Page 6 of 16

(viii) occurred at either: one or more stationary sources in the same nonattainment area or stationary sources in maother non-attainment area if, pursuant to the Act, such area has an equal or higher nonattainment classification than the area in which the proposed activity would take place, and if emissions from such other nonattainment area contribute to a violation of a National Ambient Air Quality Standard in the non-attainment area in which the proposed activity would take place, 

### (ix) for the applicable non-attainment air pollutant, shall be from reductions in actual emissions, and 

### (x) offset actual emissions at a ratio greater than one to one, as determined by the commissioner. In addition, the owner or operator shall offset emission increases of allowable emissions at a ratio, for volatile organic compounds or nitrogen oxides, of at least: 1.3 to 1 in any severe non-attainment area for ozone, and 1.2 to 1 in any serious non-attainment area for ozone. See. 7. Section 22a-174-30(a) of the Regulations of Connecticut State Agencies is amended as follows:
(a) Definitions. For the purposes of this section:
(1) "CARB" means the State of California Air Resources Board. (2) "CARB-certified fill adapter" means a specialized fitting on a stationary gasoline storage tank that prevents the loosening or overtightening of the connecting line between an entry port of a gasoline fill pipe and the fill line from a gasoline delivery vehicle. (3) "Dispensing facility" means any site where gasoline is transferred to motor vehicles from any stationary storage tank with a capacity of 250 gallons or more. "Corporate or commercial fleet" means vehicles that are used for business purposes and are 0wned~b.¥ a corporation,~overnment, universiW or another organization. [(4)]~) "Gasoline" means any petroleum distillate or blend of petroleum distillate m~d alcohol having a reid vapor pressure of four pounds per square inch or greater and used as a fuel for internal combustion engines. [(5)].(~) "Major system modification" means, notwithstanding any definition in section 22a-174-1 of the Regulations of Connecticut State Agencies:
(A) The repair or replacement of any stationary storage tank equipped with a Stage II vapor recovery system; 

### (B) The repair or replacement of any part of an underground piping system attached to a stationary storage tank equipped with a Stage II vapor recovery system, excluding the repair or replacement of any part of an underground piping system that is accessible for such repair or replacement without excavation; (C) The replacement of a vapor balance Stage II vapor recovery system with a vacuum assist Stage II vapor recovery system; orPage 7 of 16

R-39 Rev. 0212010
(D) The replacement of a vacuum assist Stage II vapor recovery system with a vapor balance Stage II vapor recovery system. [(6)]!~ "Owner or [Operator] O_l?erator" means any person who owns, leases, operates or controls a dispensing facility subject to this section. [(7)]!~ "Reid vapor pressure" or "RVP" means the vapor pressure of a liquid in pounds per square inch absolute at one hundred (100) degrees Fahrenheit as determined by American Society for Testing and Materials (ASTM) method D5191-01. [(8)](~) ’~Stage 1 vapor recovery system" means a vapor recovery system that prevents the discharge to the [atmoshphere] ~ of gasoline vapors while gasoline is transferred between a delivery vehicle and a dispensing facility in accordance ~vith the provisions of section 22a-174-20(a) of the Regulations of Connecticut State Agencies. [(9)] I,(~) "Stage II vapor recovery system" or "system" means a vapor recovery system that prevents the discharge to the atmosphere of at least ninety-five percent (95%) by weight of gasoline vapors displaced during the dispensing of gasoline into a motor vehicle fuel tank. [(l 0)]~ "Throughput" means the nmnber of gallons of gasoline delivered into motor vehicles through all equipment at a dispensing facility over a specified period of time. [( 1 I)] 1(~) "Two-point Stage I vapor recovery system" means a stationary storage tank possessing an entry port for a gasoline fill pipe and an exit port for a vapor connection that seals when the vapor return connection is disconnected in a manner that will prevent the discharge of gasoline vapors to the [atmoshpere.] ~ [(12)] 1(!~) "Vacuum assist Stage II vapor recovery system" means a stage II vapor recovery system that uses a vacuum-generating device to draw gasoline vapors from a motor vehicle’s gasoline fuel tank during the dispensing of gasoline into such tank. Sec. 8. Subdivisions (6) and (7) of section 22a-174-30(b) of the Regulations of Connecticut State Agencies are amended as follows: (6) Any owner or operator of a dispensing facility [which is] not subject to subdivision (1), (2), (3) or (4) of this subsection shall maintain at such dispensing facility records of monthly throughput which demonstrate such a dispensing facility is not subject to subdivision (1), (2), (3) or (4) of this subsection. Such records shall be kept for five (5) years and shall be made available for inspection by a representative of the [Department or EPA] commissioner or Administrator. An owner or operator of a dispensing facility that exclusively services rental vehicles or corporate or commercial fleets, where at least niner,/-five percent (95%) of such vehicles or fleets are equipped with onboard refueling vapor recovery systems, may submit to the commissioner a written request for an exemption from the Stage II vapor control requirements of this section. An exemption request shall d_~emonstrate, and the_preparer shall certify, that at least 95% of the vehicles fueled at the facility are e~pped with onboard refueling vapor recovery systems and that a minimum of 95% onboard refueling v~por recoverv_Ay~tem usewill be maintained. Sec. 9. Subdivisions (1) and (2) of section 22a-174-30(c) of the Regulations of Connecticut State Agencies are amended as follows:
(1) No person shall install a Stage II vapor recovery system at a dispensing facility unless[: (A) Such system is or has ever been tested and approved by CARB; orPage 8 of 16

R~39 Rev. 0212010


### (B) Such system is or has ever been tested and approved by another state using testing methods approved by CARiB; and (C) Such system utilizes only coaxial hoses.] such system has been approved~y~.

~3. CARB; Another state using testing methods approved_~
The commissioner mid the Ad~_ninistrator, in writiw:~. (2) No person shall replace any part of a Stage II vapor recovery system with a new or rebuilt part unless such new or rebuilt part is or has ever been approved for installation in such Stage II vapor recovery system either by CARB~ [or] by another state using testing methods approved by CARB[.] ~ in writing by the commissioner and the Administrator.
Sec. 10. Subdivision (2) of section 22a-174-30(e) of the Regulations of Connecticut State Agencies is amended as follows: (2) [At least every five years and after November 15, 2004 every three years or upon major system modification, whichever occurs first, an] An owner or operator of a dispensing facility shall conduct performancetesting to verify that the Stage II vapor recovery system is operating properly. Such a performance test shall be conducted within three years of the date the previous passing test was conducted. If the owner or operator makes a major system modification, a performance test shall be conducted within 45 days of the completion of such modification. Such performance testing shall include a leak check test and any and all other functional tests that were required by subdivision (1) of this subsection. [Minor excavation conducted solely for the purpose of complying with the requirements of subsections (c)(6) and (c)(7) shall not, by itself, trigger the requirement to test pursuant to this subdivision.] Sec. 11. Section 22a-174-30(e) of the Regulations of Connecticut State Agencies is amended by adding subdivision (5), as follows: 

### (NEW) (5) Not more than ten business days af*er testing is conducted under subdivision (1) or (2) of this subsection, the owner or operator of such dispensing facility shall eusure that a written report of the results of such testing is submitted to the Department’s Bureau of Air Management, Engineering and Enforcement Division. Such a written report may be submitted via mail, courier or electronic mail. In addition to all test results produced in testing the facility, such a report shall include: 

### (a) A list of all repairs made to the Stage I1 vapor recovery system to achieve proper function; and
(B) A certification signed by a responsible official of the entity that conducted the testing, Who shall certify in writing as follows: I have personally examined and am familiar with the information submitted in this report and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the testing that is the subject of this report was performed in accordance with the requirements of section 22a-174-30 of the Regulations ofR-39 Rev. 02/2010 Page 9 of 16

Connecticut Agencies and the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in the submitted report may be punishable as a criminal offenseunder section 22a- 175 of the Connecticut General Statutes, under section 53a157b of the Connecticut General Statutes, and in accordance with any applicable statute. See. 12. Section 22a-174-30(f) of the Regulations of Connecticut State Agencies is amended by" adding subdivision (5), as follows: 

### (NEW) (5) Any dispensing facility operating under an exemption pursuant to subdivision (7) of subsection (b) of this section shall maintain the following records at the facility: 

### (A) Documentation of monthly throughput of gasoline at the facility, which shall include dates and quantities of gasoline delivered and monthly records of the quantity of gasoline dispensed; and
(B) Copies of manufacturers’ specifications clearly demonstrating that vehicles in the fleet are equipped with onboard refueling vapor recovery systems. Sec. 13. Subsection (g) of section 22a-174-36b of the Regulations of Connecticut State Agencies is amended as follows:
(g) Fleet Average Emissions Reporting Requirements. (1) For the purposes of determining compliance with the requirements of subsections (c)(3) and (e) of this section, commencing with the 2008 model year, each manufacturer shall submit annually to the Department, by March 1 ~ of the calendar year succeeding the end of the model year, a report which demonstrates that such manufacturer has met the fleet average emissions requirements for its fleet delivered for sate in Connecticut. Commencing with the 2009 model year, such report shall include medium-duty vehicles. (2) Prior to the commencement of each model year, commencing with the 2008 model year, each manufacturer shall submit, to the Department, a projection of the fleet average emissions for vehicles to be delivered for sale in Connecticut during such model year. Commencing with the 2009 model year, such report shall include medium-duty vehicles. (3) Commencing with the 2009 model year, each manufacturer shall report the average greenhouse gas emissions of its fleet delivered for sale in the State of Connecticut, using the same format used to report such information to CARB. If the voluntary c~liance option described in subsection (_n2~ this section is used, a manufacturer shall_report separate data for the multi-state pool and the Connecticut portion. Such report shall be filed with the commissioner by March 1s~of the calendar year succeeding tbe end of the model year and shall include the number of greenhouse gas vehicle test groups certified pursuant to subsection (m)(5) of this section, delineated by model type, delivered for sale into the State of Connecticut.
(~) A manufacturer that elects to demonstrate compliance pursuant to subsection (A)(3) of this section shall submit to the Department a copy of the official report demonstrating compliance with the national greenhouse gas p~ram. The submitted report shall contain the information and be in the format required in California Code of Regul_ations, Title 13, section 1961.1.Page I 0 of 16

R~39 Rev. 02/2010
Sec. 14. Subsection (n) of section 22a-174-36b of the Regulations of Connecticut State Agencies is amended as follows:
(n) Greenhouse gas emission standards and related requirements. Each manufacturer subject to the greenhouse gas provisions of this section shall demonstrate compliance with such provisions as required by, and in accordance with, Code of California Regulations, Title 13, section 1961.1.

~ For all 2009 and subsequent model year vehicles, manufacturers may demonstrate complimace based on the total number of passenger cars, light-duN trucks, and medium-duty passenger vehicles certified to the California exhaust emission standards in California Code of Regulations, Title 13, section 1961.1, which are produced and delivered for sale in Connecticut, California, and all other states that have adopted California’s greenhouse gas emission standards pursuaut to section ! 77 of the Clean Air Act. A mmaufacturer that fails to comply under the provisions of this subdivision shall be su~biect to applicable penalties and shall be required to comply with the g~eenhouse Kas stmadards pursuant to subdivision (1)of this subsection. For the 20 ! 2 through 2016 model years, a mauufacturer may elect to demonstrate compliance with the California exhaust emissions standards by demonstratin~g compliance with the national greenhouse gas program pursuant to California Code of Reg_ulations, Title 13_, section 1961.1. A manufacturer with outstanding~reenhouse gas debits at the end of the 2011 model year shall submit a plan to the Department describing how the debits will be offset utilizing credits earned uuder the national greenhouse ~ Sec. 15. Table 36b-1 of section 22a-174-36b of the Regulations of Connecticut State Agencies is amended as follows:

Table 36b-1
California Code of Regulations (CCR)

Title 13 Provisions Incorporated by Reference Section Title 13 CCR Title Amended Date

Chapter 1 Motor Vehicle Pollution Control Devices

Article 1 General Provisions Section 1900

Section 1956.8(g) and (h)

Section 1960.!

Section 1961 I Definitions _[ 04/17/09

[Article 2 Approval of Motor Vehicle Pollution Control Devices

(NewVehicles)] Exhaust Emission Standards and Test Procedures 10/11/07 - 1985 and Subsequent Model Heavy Duty Engines and Vehicles Exhaust Emission Standards and Test Procedures 03/26/04 - 1981 and through 2006 Model Passenger Cars, Light-Duty aud Medium-Duty Vehicles Exhaust Emission Stal~dards and Test Procedures 06/16/08 - 2004 and Subsequent Model Passenger Cars, Light-Duty Trucks and _Medium-Duty VehiclesPage 11 of 16

R-39 Rev. 02/2010
Section ! 961. l Greenhouse Gas Exhaust Emission Standards [01/01/06] and Test Procedures - 2009 and Subsequent Model Passenger Cars, Light-Duty Trucks and 04/01/10 Medium-Duty Vehicles. Section 1962 Zero Emission Vehicle Standards for 2005 04/17/09through 2008 Model Year Passenger Cars, LightDuty Trucks and Medium-Dut~ Vehicles Section 1962.1 Zero Emission Vehicle Standards for 2009 and 04/17/09Subsequent Model Year Passenger Cars, LightDuty Trucks, and Medimn-Duty Vehicles Section 1965 Emission Control, Smog Index, and 06/16/08 Environmental Performmace Labels - 1979 and Subsequent Model Year Vehicles Section 1968.1 Malfunction and Diagnostic System 11/27/99 Requirements- 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles Section 1968.2 Malfunction and Diagnostic System 11/09/07 Requirements - 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles Section 1968.5 Enforcement of Malfunction and Diagnostic I !/09/07 System Requirements for 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines Section 1976 Standards and Test Procedures for Motor Vehicle 01/04/08 Fuel Evaporative Emissions Section 1978 Standards and Test Procedures for Vehicle 01/04/08 Refueling Emissions Article 6 Emission Control System Warranty Section 2035 ~ose, Applicability and Definitions 11/09/07 Section 2036 Defects Warranty Requirements for 1979 5/I 5/99through 1989 Model Year Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles; 1979 and Subsequent Model Year Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles. Section 2037 Defects Warranty Requirements for 1990 and 11/09/07Subsequent Model Year Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles Section 2038 Performance Warranty Requirements for 1990 11/09/07 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles Section 2039 Emission Control System Warranty Statement. 12/26/90 Section 2040 Vehicle Owner Obligations 12/26/90 Section 2046 Defective Catalyst 1/16/79Page 12 of 16

R-39 Rev. 02/2010

Section 2062 Chapter 2 Enforcement of Vehicle Emission Standards and Enforcement Testing. Article 1 Assembly Line Testing: Assembly-line Test Procedures 1998 and I 11/27/99 Subsequen_t Model-years. Article 2 Enforcement of New and In-use Vehicle Standards Section 2101 Compliance Testing and Inspection - New 11/27/99 Vehicle Selection, Evaluation and Enforcement Action. Section 2109 New Vehicle Recall Provisions. 12/30/83 Section 2110 Remedial Action for Assembly-Line Quality 11/27/99

Audit Testing of Less than a Full CalendarQuarter of Production Prior to the 2001 ModelYear. Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls. Section 2111 Section 2! 12

Section 2113
Section 2114 Section 2115 Section 2116 Section 2117 Section 2118 Section 2119 Section 2120 _Applicability. )efinitions. Appendix A to Article 2.1. Initiation and Approval of Voluntary and Influenced Recalls. Voluntary and Influenced Recall Plans. Eligibility for Repair. Repair Label. Proof 6f Correction Certificate. Notification. Record keeping mad Reporting_Requirements. Other Requirements Not Waived. 01/04/08 11/15/03 11/15/03 1/26/95

11/27/99 1/26/95 1/26/95 1/26/95 1/26/95 11/27/99 1/26/95
Article 2.2 Procedures for In-Use Vehicle Ordered Recalls. Section 2122 01/4/08 Section 2123 1/26/95
Section 2124 -~ection 2125 Section 2126 Section 2127 Section 2128 Section 2129 Section 2130 Section 2131 Section 2132 Section 2133 Section 2135 General Provisions.Initiation and Notification of Ordered EmissionRelated Recalls. Availabili__~ of Public Hearing. Ordered Recall Plan. Approval and Implementation of Recall Plan. Notification of Owners. Repair Label. Proof of Correction Certificate. Capture Rates mad Alternative Measures. Preliminary Tests. Communication with Repair Personnel. Record keeping and Reporting Requirements. Extension of Time. 1/26195 I126195 1/26/95 i126/95 1/26195 1/26/95 11127199 1/26/95 1/26/95 1/26/95 1/26/95 Article 2.3 In-Use Vehicle Enforcement Test Procedures. Section 2136 Section 2137 Section 2138 Section 2139 -~ection 2140 General Provisions.
Restorative Maintenance.

I Notification of In-Use Results. 01/04/08 12/28/00 11/27/99 8/21/02 8/21/02Page 13 of 16

R-39 Rev. 02/2010
Article 2.4 Procedures tbr Reporting Failure of Emission-Related Section 2141 General Provisions. Section 2142 Alternative Procedures. Section 2143 Failure Levels Triggerin~g Recalt. Section 2144 Emission Warranty Information Report. Section 2145 Field Informa~tion Report. Section 2146 Emissions Information Report. Section 2147 Demonstration of Compliance with Emission Standards. Section 2148 Evaluation of Need for Recall. Section 2149 Notification of Subsequent Action. Article 5 Components. 01/04/~ 2/23/90 11/27/99 11/27/99 11/27/99 11/27/99 8/21/02

11/27/99 2/23/90 Procedures for Reporting FaiLures of Emission-Related Equipment and Required Corrective Action Section 2166 Section 2166. I Section 2167 Section 2168

Section 2169

Section 2170

Section 2171

Section 2172

Section 2172.1 Section 2172.2

Section 2172.3 Section 2172.4 Section 2172.5 Section 2172.6 Section 2172.7 Section 2172.8 Section 2172.9 Section 2173 Sectio~ 2174 General Provisions Definitions. Emission Warranty Information Report. Supplemental Emissions warranty Information Report. Recall and Con’ective Action for Failures of Exhaust After-Treatment Devices. Recall and Corrective Action for OtherEnfission-Related Component Failures (OnBoard Diagnostic-Equipped Vehicles and Engine_s). Recall and Corrective Action for Vehicles without On-Board Diagnostic Systems, Vehicles with Non-Compliant On-Board Diagnostic Systems, or Vehicles with On-Board Computer Malfunction. Notification of Required Recall or Corrective Action by the Executive Officer. Ordered o~r Voluntary Corrective Action Plan. Approval and hnplementation of Con’ective Action Plan. Notification of Owners. Repair Label. Proof of Correction Certificate. Preliminary Tests. Communication with Repair Personnel. Recordkeeping and Reporting. Extension of Time. Penalties. Availability of Public Hearing. 01/04/08 01/04/08 01/04/08 01/04/08

01/04/08

01/04/08

01/04/08

01/04/08

01/04/08 01/04/08

01/04/08 01/04/08 01/04/08 01/04/08 01/04/08 01/04/08 01/04/08 01/04/08 01/04/08 Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanlcs. Section 2235 I Requirements. ] 9/17/91Page 14 of 16

R-39 Rev. 0212010 Sec. 16. Subdivisions (3) and (4) of subsection (c) of section 22a-174-26 of the Regulations of Connecticut State Agencies are amended as follows: [There is no fee for any permit issued to a municipality or to an agency of the state or political or administrative subdivision thereof under section 22a- 174-100 of the Regulations of Connecticut State Agencies.] Reserved. (4) [There is no fee for any certificate required under section 22a-174-17 of the Regulations of Connecticut State Agencies.] Reserved.
Sec. 17. Section 22a-174-17 of the Regulations of Connecticut State Agencies is repealed. Sec. 18. Section 22a-174-43 of the Regulations of Connecticut State Agencies is repealed.
Sec. 19. Section 22a-174-100 of the Regulations of Connecticut State Agencies is repealed. Statement of Purpose This regulatory proposal is a series of changes to the Department of Energy and Environmental Protection’s (DEEP’s) air quality programs that will function to reduce regulatory burdens on Cmmecticut businesses and administrative burdens on DEEP, without interfering with DEEP’s progress towards meeting its air quality goals, This proposal has four components: The addition of fine particulate matter requirements into DEEP’s new source review permitting program, to retain federal program approval; The exemption from Stage II vapor controls for certain vehicle fleets; Additional compliance options for vehicle manufacturers under DEEP’s low emission vehicle progrmn; and The repeal of non-core air quality programs.

Fine Particulate Matter (PM2.5) Criteria for Air Permits (Sections 1 through 6) DEEP is proposing to include the pollutant fine particulate matter, or PM2s, in DEEP’s new source review (NSR) permit program. While the U.S. Environmental Protection Agency (EPA) first promulgated a National Ambient Air Quality Standard for PMz5 in 1997, EPA allowed states to use the pollutant PMI0 as a surrogate for PM25 in NSR permitting programs until certain technical problems were resolved and EPA issued guidance for the states. EPA has issued two relevant implementation rules and has required states to adopt the necessary requirements by July 20, 2012. The revisions help DEEP and the regulated cmnmunity to understand what new sources or modifications have the potential to impact PM~5 levels and thus warrant additional permitting requirements. The proposal also revises an unrelated portion of the NSR permit program to achieve consistency with federal requirements in 40 CFR 51,165(a)(2). The revision links the applicability for preconstruction review requirements in nonattainment areas to the pollutant for which the area is designated as nonattainment. The difference between the state and federal requirements has caused considerable delay in processing several NSR permits, so the harmonization of the requirements is likely to streamline certain future applications. Once adopted, these requirements will be submitted to EPA and will allow DEEP to retain full approval of its NSR permitting program.
Exemption from Stage II Vapor Controls (Sections 7 through 12) DEP is proposing to allow rental, corporate or commercial vehicle fleets to seek an exemption from the requirement to install vapor recovery systems at fleet gasoline dispensing stations. The criteria that must be met to obtain an exemption ensure that the exemption will not interfere with the state’s air quality goals yet will reduce financial burdens for environmantal compliance at certain facilities. The amendment also adds record keeping requirements to support the exemption and makes minor corrections. Onboard refueling vapor recovery (ORVR) systems are installed in newer model year vehicles to collect vapors that would otherwise be released when the gasoline tank is filled. These on-vehicle systems are alternatives to the Stage II vapor recovery systems installed on gasoline pumps. Section 202(a)(6) of the Clean Air Act (CAA) allows EPAR-39 Rev. 02/2010 Page 15 of 16

to waive Stage II requirements for certain ozone nonattainment areas when ORVR is in widespread use in a motor vehicle fleet. In two guidance memoranda issued in 2006 and 2007, EPA identified dispensing facilities that exclusively serve rental vehicles or corporate or commercial fleets as categories for which widespread use may occur earlier than for the motor vehicle fleet as a whole. The two memoranda state that widespread use occurs when 95% of the fleet vehicles have ORVR installed. EPA has approved a similar regulatory exemptinn in Rhode Island. Compliance Flexibility in the Low Emission Vehicle Program (Sections 13 through 15) DEEP is proposing to increase the compliance flexibility available to vehicle manufacturers under Connecticut’s low emission vehicle program, as follows: ,, The greenhouse gas standards are revised to allow for alternative compliance with the joint federal EPA/National Highway Traffic Safety Administration greenhouse gas (GHG) standards; and An additional voluntary compliance mechanism allows a manufacturer to demonstrate compliance based on the total number of passenger cars, light-duty trucks, and medium-duty passenger vehicles sold in all states that have adopted California’s vehicle GHG emissions stm~dards under CAA section 177, rather than the current fleet average requirements, which limit averaging only to the state of Connecticut. The proposed revisions are required under CAA section 177, which requires Connecticut’s low emission vehicle program to maintain requirements identical to California’s program. Repeal of Noo-Core Programs (Sections 16 through 19) DEEP recognizes the need to eliminate programs that are no longer necessary to DEEP’s core mission. Accordingly, DEEP proposes to repeal the following three discretionary air management programs: Control of open burning; Portable fuel container spillage control; and Permits for construction of indirect sources. Staffresources fi’eed by this amendment can be devoted to more immediate permitting and enforcement needs. In addition to the repeal of the three programs described below, the amendment proposes to revise the Air Bureau’s general fee regulation to delete exemptions fl’om fees provided for the open burning and indirect source permit programs. Open burnin,~.In a series of public acts in !996, 1999 and 2000, the Connecticut General Assembly developed an open burning program via statute, CGS section 22a-174(f), which allows DEEP’s commissioner, along with Iocal officials, to enforce open burning requirements. This statutory program is self-implementing, comprehensive and supersedes DEEP’s authority under RCSA section 22a-174-17, an open burning regulation developed in 1983. The continued existence of RCSA section 22a-174-17 serves only to confuse mad is therefore proposed for repeal. Portable fuel containers.In 2007, EPA promulgated national evaporative emissions stm~dards tbr po~:able fuel containers (aka gas cans), which apply to containers manufactured on and after January 1, 2009. These federal standards are as protective of air quality as DEEP’s portable fuel container spillage control requirements (RCSA section 22a-174-43), which DEEP adopted in 2004 as part of a regional initiative. To eliminate the redundant regulator3, requirements, DEEP is proposing to repea! the Connecticut regulation, leaving manufacturers to comply with EPA’s national standards. This approach will allow Connecticut to retain expected air quality benefits, while saving enforcement and administrative resources. Indirect source permits.DEEP is proposing to repeal the indirect source permit (ISP) program of RCSA section 22a-174-100. The ISP program requires the Connecticut Department of Transportatinn (DOT) to obtain an ISP permit fi’om DEEP before beginning certain state highway construction projects. DEEP recognizes that many of the ISP program elements are duplicated in the transpo~catinn confornaity process, the National Environmental Protectinn Act and/or the Connecticut Environmental Policy Act. Hence, the tSP program is no longer programmatically necessary for Connecticut. DEEP is developing a joint Memorandum of Agreement with DOT to ensure that, with the repeal of RCSA section 22a-!74-100, the limited air quality benefits of the 1SP program, especially with respect to emissions from construction equipment, continue in a more efficient, streamlined and less costly manner.

### ATTACHMENT F
ExplanationEXPLANATION



### Repeal of RCSA Section 22a-174-17 40 CFR 52.385 identifies Regulations of Connecticut State Agencies (RCSA) section 22a-174-17 as adopted in the state on April 4, 1972 and approved by the U.S. Environmental Protection Agency (EPA) on May 31, 1972. Notwithstanding this listing, EPA has expressed some confusion about RCSA section 22a-174-17 in relation to its predecessor regulation, RCSA section 19-508-17. To allow for approval of this State Implementation Plan revision, this Explanation first describes the relationship of the two regulations and then explains that RCSA section 22a-174-17 is repealed because it has been replaced by a statutory open burning program. Connecticut’s original air quality regulations were adopted under section 19-508 of the Connecticut General Statutes (CGS), and the regulations took their identification from the statute, being numbered as 19-508-##. As of August 1, 1983, the section 19-508-# series of air quality regulations was renumbered as 22a-174-# as a result of Public Act 83-159 of the Connecticut General Assembly. The regulatory substance was unchanged. Thus, the former RCSA section 19-508-17, which was submitted to the SIP, became RCSA section 22a-174-17 on August 1, 1983. The relationship between the two regulatory sections, 19-508-17 and 22a-174- 17, is that they are the same, except that RCSA section 19-508-17 no longer has force or effect. Former RCSA section 22a-174-17 was superseded by CGS section 22a-174(f). The Cunnecticut General Assembly mnended subsection (f) of CGS section 22a-174 in 1996, 1999 and 2000. The 2000 amendments allow for local open burning officials to issue permits for open burning on residential property and for fire training, insect control, agricultural purposes, natural disaster clean-up, wildlife habitat and vegetative management and ecological sustainability; establish a process for nominating and certifying local open burning officials; allow open burning on state property with approval of the commissioner and authorize the commissioner to adopt regulations governing open burning. As tbe General Assembly was well aware of RCSA section 22a-174-17 in developing the 2000 statutory amendments, the authority provided to adopt regulations was intended for new regulations consistent with the amended statute. As the Department of Energy and Environmental Protection (DEEP) has not adopted such regulations, CGS section 22a-174(f) is the sole authority for regulation of open burning. DEEP anticipated the repeal of RCSA section 22a-174-17 upon the General Assembly’s amendment of CGS section 22a-174(f) and decided that the key element that needed to be maintained was the definition of"brush." Effective February 1, 2010, DEEP added a definition of"brush" to RCSA section 22a-174-1, which sets out definitions of general applicability to the air quality regulations. So, despite the repeal of RCSA section 22a-174-17, DEEP has a definition of "brush" for use for enforcement and compliance purposes. Both former RCSA section 22a-174-17 and CGS section 22a-174(f) allow for significant control over open burning to be placed in the hands of municipal officials, who are better situated to respond to open burning events, as burning events are sporadic in nature and often occur outside of routine business hours. Well-trained municipal officials and effective enforcement result in an open burning program under CGS section 22a-174(f) at least as protective as that under former RCSA section 22a-t74-17. The Department has been providing training to municipal officials on open burning enforcement for over a decade, since the enactment of the statute. The Bureau of Air Management is presently developing an online course to assist municipalities in meeting the certification requirements for an Open Burning Official. The Open Burning Training Program for Municipal Officials includes an overview of the statutory requirements under CGSExplanation 2 

### section 22a-174(f) regarding residential and municipal open burning provisions and is targeted to local officials responsible for knowing and enforcing the law on the local level. Repeal of RCSA Section 22a- 174-43 DEEP adopted RCSA section 22a-174-43 on May 10, 2004. RCSA section 22a-174-43 was based on the portable fuel container program of the California Air Resources Board. DEEP finds that the federal evaporative emissions standards for portable fuel containers promulgated in 2007 (72 FR 8533; February 26, 2007) are at least as protective as the standards and other requirements of RCSA section 22a- 174-43. EPA’s requirements in 40 CFR 59 Subpart F require portable fuel containers to meet an emissions performance standard rather than a design standard. The Federal emissions standard (permeation rate) of 0.3 grams/gallon!day for portable fuel containers is more stringent than the emissions standard required under former RCSA section 22a-174-43 (0.4 grams/gallon,/day). The federal requirements also require that manufact~ers test containers in their most likely storage configuration. EPA did not include automatic shutoff requirements in its rule. This requirement is included in the fo,~-ner Connecticut rule (RCSA section 22a-t74-43(d)(2)(A)). Automatic shut-offis supposed to stop the flow of fuel when the fuel reaches the top of the receiving tank in order to prevent over-filling. However, the autmnatic shut-off spouts do not work well over a range of equipment types because the receiving fuel tank designs vary widely. California’s original 2001 program required automatic shut-off, but because of spillage problems and consumer dissatisfaction, California removed automatic shut-offrequirements from their program in revisions that took effect on July 1, 2007. Both the Federal rule and former RCSA section 22a-174-43 regulate all portable fuel containers, including those intended for use with diesel and kerosene, require manufacturers to warrantee those containers for a minimum of one year and specify labeling requirements. EPA requires manufacturers to apply for and receive an EPA certificate of confon~nity, using the certification process specified in the regulations, before entering their containers into U.S. commerce. Former RSCA section 22a-174-43(d)(5) requires the manufacturer of fuel containers used or sold in the state to certify their products through the California Air Resources Board. EPA’s test procedures for certification are similar to those of the California Air Resources Board.

### ATTACHMENT G
CGS Section 22a-174(f)Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations. Fees. Exemptions. General

permits. Appeal of commissioner’s action re permit applications.2

(f) The commissioner shall allow the open burning of brush on residential property, provided the burning is 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 (I) 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 landfill is within an area designated as a hot spot on the open burning map prepared by the commissioner. A permit 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 landfill, 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 snbsection 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 fol!owing 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; mad vegetative management or enhancement of wildlife habitat or ecological sustainability on municipal property or on any privately owned property permanently dedicated as open space. Open burning for such purposes on state property may be engaged in with the written approval of the commissioner. Local bnrning 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 burning officials.34

(!967, P.A. 754, S. 4; 1969, P.A. 758, S. 4; !971, P.A. 872, S. 17; P.A. 75-453, S. 1, 2; P.A. 76-232, S. 1, 3; P.A. 77-252; 77-604, S. 16, 84; P.A. 79-177; P.A. 81-127, S. I, 2; 81-385, S. 1,2; P.A. 83-159, S. 2, 3; 83-555, S. 2; 83- 587, S. 74, 96; P.A. 84-5, S. I, 2; 84-120, S. 1; 84-546, S. 133, 173; P.A. 85-515, S. 2; 85-571, S. 15; P.A. 87-165; P.A. 88-122; P.A. 90-231, S. I, 28; 90-247, S. I; P.A. 91-183; 91-369, S. !3, 36; P.A. 92-162, S. 5, 25; P.A. 93- 428, S. 17, 19, 39; P.A. 95-165, S. I; 95-218, S. 12; P.A. 96-64; P.A. 97-124, S. 4, 16; P.A. 98-112, S. I, 2; P.A.99-225, S. 2; P.A. 00-l, S. 1,2; June Sp. Sess. P.A. 00-1, S. 31,46; P.A. 01-204, S. 11, 29; June Sp. Sess. P.A. 0I9, S. 73, 13!; June 30 Sp. Sess. P.A. 03-6, S. 124, 125; P.A. 04-151, S. 1; P.A. 08-98, S. 8; June Sp. Sess. P.A. 09- 3, S. 464; Sept. Sp. Sess. P.A. 09-8, S. 34.)History: 1969 act required that regulations be consistent with federal act and qualify state and municipalities for

federal aid, changed effective date of regulations, amendments or repeals from 60 to 30 days after publication, deleted provision protecting right to burn fuel or buildings under supervision and control of firemen’s training center instructors, gave commission power to administer oaths, take testimony and issue subpoenas and added Subsecs. (c) to (e); 1971 act replaced "commission", i.e. clem~ air commission, with "commissioner", i.e. com~nissioner of environmental protection, deleted Subsec. (b) re hearing powers and relettered remaining Subsecs. accordingly; P.A. 75-453 added Subsec. (e); P.A. 76-232 added Subset. (f); P.A. 77-252 required that indirect source operating permit renewal be mandatory only when indirect source no longer conforms to plans etc. submitted to commissioner in Subsec. (e); P.A. 77-604 corrected reference to Sec. 22a-6 in Subsec. (a); P.A. 79- !77 added Subsec. (g); P.A. 81-127 amended Subset. (f) to add provisions re burning of brnsh in municipal landfills; P.A. 8 I-385 added Subsec. (h) allowing the commissioner to require payment of a fee by the operator of a source of air pollution to be applicable for any visual test of an air pollution control device conducted or monitored by the department; Sec. 19-508 transferred to Sec. 22a-I74 in 1983; P.A. 83-159 amended Subsec. (h) by requiring that the visual test fee reflect the average rather than the actual cost; P.A. 83-555 amended Subsec. (g) to authorize increasing fee by amount sufficient to cover the cost of monitoring compliance with the terms of a state or federal permit; P.A. 83-587 made a technical amendment to Subsec. (h); P.A. 84-5 amended Subsec. (f) by increasing the maximum number of permits for burning brush in municipal landfill fi’om three to six; P.A. 84-120 added Subsec. (c)(5) and (6), requiring permits for source which is subject to high risk hazardous air pollutants, burns waste oil or is allowed to exceed sulfur emission limits and requiring registration of sources not permitted, and substituted reference to Sec. 14-164c for reference to 14-100c; P.A. 84-546 made technical changes in Subsecs. (c) and (d), substituting references to Sec. 14-164c for references to Sec. 14-100c; P.A. 85-515 added Subsec. (i) re amount of fees paid by municipalities; P.A. 85-571 made no changes; P.A. 87-165 amended Subsec. (c) to require persons violating air pollution control regulations to obtain a permit; P.A. 88-122 amended Subsec. (c) to authorize the commissioner of environmental protection to require that sources obtain a permit if they violate a regulation; P.A. 90-231 amended Subsec. (f) to require commercial applicmats to pay a $250 application fee and a $250 inspection fee, required municipal applicants to pay a $125 inspection fee, required the fees to be prescribed by regulations after July I, 1995, amended Subsec. (g) to require persons obtaining permits pursuant to said subsection to pay a permit fee equal to twice the fee established by regulations, required a permit application fee of $i00, required that said fees to be prescribed by regulations on and after July 1, 1992, added Subsec. (j) re registration of sources of air pollution and added Subset. (k) exempting residential property from fees; P.A. 90-247 amended Subsec. (c)(5)(E) to include a violation of this chapter, a violation of an order and a violation of a permit; P.A. 91-183 amended Subsec. (c) to authorize the commissioner to adopt regulations concerning operating permits for sources of air pollution under the federal Clean Air Act amendments of 1990; P.A. 91-369 amended Subsec. (h) to modify the method by which payments received by the commissioner shall be deposited; P.A. 92-162 added new Subsec. (I) re general permits for certain minor activities regulated under this section; P.A. 93-428 amended Subsec. (1) to delete a minor inconsistent provision and added new Subsec. (m) re appeal of the commissioner’s actions re permit applications, effective July 1, 1993; P.A. 95-165 amended Subsec. (1)(2) to provide for a public hearing on a geueral permit upon the request of any person if the permit regulates an activity regulated under the federal Clean Air Act; P.A. 95-218 amended Subsec. (t)(1) to delete a prohibition on general permits for activities which will emit more than 25 tons of air pollutant per year; P.A. 96-64 amended Subsec. (f) to add provision re affect of subsection on municipal power to regulate open burning; P.A. 97-124 amended Subsec. (c) to authorize the commissioner to require air pollution sources to comply with certain regulations under the federal Clean Air Act and moved provision requiring renewal of certain registrations under this section, effective June 6, 1997; P.A. 98- 112 added new Subsec. (n) re a two-year moratorium on permits for certain asphalt manufacturing facilities, effective May 5, 1998; P.A. 99-225 amended Subsec. (f) to require approval of municipal fire marshal for open burning by persons on residential property, to allow open burning at municipal transfer stations and recycling centers and to authorize open bm’ning for certain fire control purposes; P.A. 00-1 amended Subsec. (f) to permit the burning of nonpmcessed wood for campfires and bonfires, to allow local open burning officials to issue permits for open burning on residential p, roperty and for fire training, insect control, agricultural purposes, natural disaster clean-up, wildlife habitat and vegetative management and ecological sustainability, to establish a process for nominating and certifying local open burning officials, to allow open burning on state property with approval of the commissioner, to authorize the commissioner to adopt regulations governing open burning, and to make conforming and technical changes, effective March 30, 2000; June Sp. Sess. P.A. 00-1 amended Subsec. (n) to extend moratorimn on issuance of permits from July 1, 2000, to July 1,2001, effective June 21, 2000; P.A. 01-2046

amended Subsec. (n) to extend moratorium on issuance of permits from July 1, 2001, to July 1, 2004, to add exception for commissioner’s determination that permit issuance wilt result in improvement of environmental performance, to provide tl~at section shall not apply to the replacement of an existing facility, and to add provisions re upgrade, replacement, consolidation or alteration resulting in an improvement in environmental performance or in reduced total emissions of air pollutants, effective July 11,2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (g) to increase permit application fee from $I00 to $200 and to delete provision re fees as prescribed by regulation and amended Subsec. (j) to increase biennial registration fee from $75 to $150, to increase maximum registration fee for a premise from $5,000 to $7,500 and to delete provision re fees as prescribed by regulation, effective August 20, 2003; P.A. 04-151 deleted former Subsec. (j) re biennial registration, redesignated existing Subsecs. (k) to (n) as new Subsecs. (i) to (m), respectively, and made technical changes in Subsecs. (c) and (k)(1), effective May 21, 2004; P.A. 08-98 amended Subsec. (b) to add Subdivs. (1) and (2) re commissioner’s power to enter into contracts and serve on certain boards of directors, effective June 2, 2008; June Sp. Sess. P.A. 09-3 amended Subsec. (h) to delete "Except as specified in section 22a-27g"; Sept. Sp. Sess. P.A. 09-8 amended Subsec. (h) to add "Except as specified in section 22a-27u", effective October 5, 2009.