79 Elm Street Hartford, CT 06106-5127 

Mr. David Conroy, Chief 

Air Programs Branch 

Office of Ecosystem Protection 

U.S. EPA, EPA New England 

One Congress Street, Suite 1100 

Mail Code CAB 

Boston MA 02114-2023 

www.ct.gov/deep 

Rc: Revision of Connecticut's State Implementation Plan for Air Quality 

for Consent Order Modifications 

Dear Mr. Conroy: 

Affirmative Action/Equal Opportunity Emplo' 

By this correspondence, pursuant to 40 CFR 51.102, Connecticut fonnally requests United States 

Environmental Protection Agency ("EPA") revise Connecticut's State Implementation Plan ("SIP") for 

Air Quality as explained in this letter and enclosed supporting materials. This revision will incorporate 

two Consent Order Modifications into Connecticut's SIP and make such revision federally enforceable. 

The proposed revision to the SIP was subject to public hearing procedures to satisfy the requirements of 

40 CFR 51.102. Evidence of the public bearing is enclosed as follows: 

Exhibit J, public notice of hearing that was posted with the other public notices on the 

Department of Energy and Environmental Protection web site at 

h tlp :/ /www .ct.gov/ dep/cwp/view .asp? A =2 5 86&Q=5 09520; 

Exhibit 2, letters to directors of air quality in affected states, EPA, and regulated sources; 

Exhibit 3, delegation of hearing officer, hearing certification and hearing report; and 

Exhibit 4, Consent Order Modifications and SIP narrative. 

Please do not hesitate to contact Elizabeth McAuliffe, Environmental Analyst, at (860) 424-3702 should 

you or your staff have any questions or comments regarding this matter. 

Date 

Enclosures 

cc: M:s. Ann~ i\rnola, U .. EPA, EPA New~ngland 

Sincerely yours, 

Anne Gobin 

Chief 

Bureau of Air Management 
Exhibit 1 

Public Notice of Hearing 
ENVIRONMENTA L 

PROTECTION 

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

Notice of Intent to 

Revise the State Implementation Plan for Air Quality 

The Commissioner of Envirorunental Protection hereby gives notice of a public hearing as part 

of a State Implementation Plan revision proceeding. These revisions will b~ s~bmitted to the 

U.S. Environmental Protection Agency (~P A) for their review and approval as a revision to the 

State Implementation Plan (SIP) for air quality as required by the Clean Air Act Amendments of 

1990 (CAA). The public h:eariQ.g ~ill address Trading Agreement and Order 8187 Modification 

1 and Trading Agree.ment and Order' 8242 Modification 1 for PSEG Power Connecticut LLC. 

-. 

The purpose of this revision is to allow modifications to the usc restrictions for continuous 

emissions reductions credits of oxides of nitrogen emissions. The continuous emissions 

reductions credits of oxides of nitrogen emissions were approved under the requirements of 

Section 22a-174-22 of the Regulations ofConnectieut State Agencies. 

All interested persons are invited to submit comments on the proposed amendments to the 

Department of Energy and Envirorunenta1 Protection (DEEP), Bureau of Air Management, 

Engineering & Enforcement Division, 79 Elm Street, Hartford, Connecticut 06106-5127. All 

comments should be directed to the attention of Elizabeth McAuliffe and must be received by 

4:30 PM on October 19, 2012. Comments may be submitted by post, or by electronic mail to 

elizabeth.mcauliffe@ct.gov. 

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

below. The Commissioner requests that any person giving oral comment at the hearing also 

submit a written copy of such comments. 

PUBLIC HEARING 

October 19,2012 at 10:30AM 

Department of Ji-:nergy and Environmental Protection, 5th Floor, Holcombe Room 

79 Elm Street, Hartford, CT 

Copies of the proposed revision are available for public inspection during normal business hours 

and may be obtained from Elizabeth McAuliffe at the Bureau of Air Management, Engineering 

& Enforcement Division, 5th Floor, 79 Elm Street, Hartford, Connecticut. The same documents 

are posted on DEEP's website at the following location: http://www.ct.gov/dep/publicnotices. 

For additional information, contact Elizabeth McAuliffe of the Bureau of Air Management at 

(860) 424-4152 or elizabeth.mcauliffe(a),ct. gov. 

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 
2 

services for persons with disabilities. Individuals with disabilities who need this information in 

an alternative format, to allow them to benefit from and/or participate in DEEP's programs and 

services, should call 860-424-3035 or e-mail the ADA Coordinator, at DEP.aaofli.ce@ct.gov. 

Persons who are hearing impaired should call the State of Connecticut relay number 71 I. 

Requests for accommodations must be made at least two weeks prior to the program date. 

This notice is required pursuant to 40 Code of Federal Regulations 51.102 . 

1 

Dat~/ C. Esty 

Corrunissioner 
DEP: Notice oflntent to Revise the State Implementation Plan for Air Qualitv Page 1 of 1 

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Home About Us Programs & Services Publications Forms Contact Us 

Notice of Intent to Revise the State Implementation Plan for Air 

Quality 

The Commissioner or Environmental Protection hereby gives notice of a public hearing as part of a State 

Implementation Plan revision proceeding. These revisions will be submitted to the U.S. Environmental 

Protection Agency (EPA) for their review and approval as a revision to the State Implementation Plan (SIP) 

for air quality as required by the Clean Air Act Amendments of 1990 (CAA). The public hearing will address 

Trading Agreement and Order 8187 Modification 1 and Trading Agreement and Order 8242 Modification 1 

for PSEG Power Connecticut LI.C. 

The purpose of this revision is to allow modifications to the use restrictions for continuous emissions 

reductions credits of oxides of nitrogen emissions. The continuous emissions reductions credits of oxides of 

nitrogen emissions were approved under the requirements of Section 22a-174 -22 of the Regulations of 

Connecticut State Agencies. 

Al l Interested persons are invited to submit comments on the proposed amendments to the Department of 

Energy and Environmental Protection (DEEP), Bureau of Air Management, Engineering & Enforcement 

Division, 79 Elm Street, Hartford, Connecticut 06106·5127. All comments should be directed to the 

attention of Elizabeth McAuliffe and must be received by 4:30PM on October 19, 2012. Comments may be 

submitted by post, or by electronic mail to ehzabeth.au;auhffe@ct.gQJl. 

In addition to accepting written comments, DEEP w11i also hold the public hearing described below. The 

Commissioner requests that any person giving oral comment at the hearing also submit a written copy of 

such comments. 

PUBLIC HEARING 

October 19, 2012 at 10:30AM 

Department of Energy and Environmental Protection, Sth Floor, Holcombe Room 

79 Elm Street, Hartford, CT 

Copies of the proposed revision are available for public Inspection during normal business hours and may be 

obtained from Elizabeth McAuliffe at the Bureau of Air Management, Engineering & Enforcement Division, 

5th Floor, 79 Elm Street, Hartford, Connecticut. The same documents are posted on DEEP's website at the 

following location: t)tt~:/l~W'lt.tLQOY.uleJ)/~~/viJ:W,ASR?a 21$~.8\Q=:lllAQ'IM~-I'jav GJD 1619. For 

additional information, contact Elizabeth McAuliffe of the Bureau of Air Management at (860) 424·4152 or 

eiJz..~mcauliff.~@.tL9.Qy. 

DEEP Is an affirmative action/equal opportunity employer and servlco provider. In conformance with the 

Americans with Disabilities Act, DEEP makes every effort to provide equally effective services for persons 

w1th disabilities. Individuals with disabilities who need this information In an alternative format, to allow 

them to benefit from and/or participate In DEEP's programs and services, should call 860·424·3035 oremail the ADA Coordinator, at DEP,aaoffice@ct.gov. 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 program date. 

This notice is required pursuant to 40 Code of Federal Regulations 51.102 

79 Elm Street, Hartford, CT 06106-5127 I Phone: 860-424-3000 

1-4om~ DfEP Home CT .gov Home Send Feedbac1< lOQ;~ RtQ•$1er 

Slato c1 C<>,.C1CUI O•WID>!t ond ~ o'ddt;onalllf.fe.DJ!<!Ul:IQ. 

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Exhibit 2 

Letters to Affected States, EPA, and Regulated Sources 
Jlcauliffe, Elizabeth 

:rom: Mcauliffe, Elizabeth 

Sent: 

To: 

Friday, August 17, 2012 1:34PM 

'conroy.dave@epa.gov'; 'nancy.seidman@state.ma.us'; 'djshaw@gw.dec.state.ny.us'; 

'doug.mcvay@dem.ri.gov'; 'Biii.O'Sullivan@dep.state.nj.us' 

)ubject: RE: Trading Order Modifications- Notice of a Connecticut Department of Energy and 

Environmental Protection Revision to the State Implementation Plan for Air Quality 

Votice of a Connecticut Department of Energy and Environmental Protection 

Revision to the State Implementation Plan For Air Quality 

n accordance with the provisions of Title 40 Code of Federal Regulations Section 51.102, I am sending you a 

ink to information concerning Connecticut's proposed revision to the State Implementation Plan for Air Quality. 

The revision will address Trading Agreement and Order 8187 Modification 1 and Trading Agreement and 

)rder 8242 Modification 1 for PSEG Power Connecticut LLC. The purpose of this revision is to allow 

nodifi.cations to the use restrictions for continuous emissions reductions credits of oxides of nitrogen 

emissions. The continuous emissions reductions credits of oxides of nitrogen emissions were approved under 

be requirements of Section 22a-174-22 of the Regulations of Connecticut State Agencies. 

rhe notice and proposal are available on the Department's website at the following link: 

1ttp://www.ct.gov/dep/cwp/view.asp?A=Z586&Q=5095ZO 

Please feel free to comment on this information as provided in the notice. 

E::lizabeth . McAuliffe 

Engineering & Enforcement Division 

3ureau of Air Management 

:onnecticut Department of Energy and Environmental Protection 

79 Elm Street, Hartford, CT 06106-5127 

P: 860-424-3458 E: elizabeth.mcauliffe@ct.gov 

Connecticut Department of 

ENERGY & 

ENVIRONMENTAL 

PROTECT ION 

www.ct.gov/deep 

Conserving, improving and protecting our natural resources and environment; 

Ensuring a clean, affordable, reliable, and sustainable energy supply. 

1 
Mcauliffe, Elizabeth 

From: Mcauliffe, Elizabeth 

Sent: 

To: 

Friday, August 17, 2012 1:21PM 

'Silvestri, Robert' 

Subject: Notice of a Connecticut Department of Energy and Environmental Protection Revision to the 

State Implementation Plan for Air Quality 

Attachments: Electronic notice to Region 1 and states.doc 

Bob: 

Notice of a Connecticut D~partment of Energy and Environmental Protection 

Revision to the State Implementation Plan for Air Quality 

In accordance with the provisions of Title 40 Code of Federal Regulations Section 51.102, I am sending you a 

link to information concerning CoiU1ecticut's proposed revision to the State Implementation Plan for Air Quality. 

The revision will address Trading Agreement and Order 8187 Modification 1 and Trading Agreement and 

Order 8242 Modification 1 for PSEG Power Connecticut LLC. The purpose of this revision is to allow 

modifications to the use restrictions for continuous emissions reductions credits of oxides of nitrogen 

emissions. The continuous emissions reductions credits of oxides of nitrogen emissions were approved under 

the requirements of Section 22a-174-22 of the Regulations of Connecticut State Agencies. 

The notice and proposal are available on the Department's website at the following link: 

,[lttp://www.ct.gov/dep/cwp/view.asp?A=2586&Q=S09520 

Please feel free to comment on this information as provided in the notice. 

Elizabeth I. McAuliffe 

Engineering & Enforcement Division 

Bureau of Air Management 

Connecticut Department of Energy and Environmental Protection 

79 Elm Street, Hartford, CT 06106-5127 

P: 860-424-3458 E: elizabeth.mcauliffe@ct.gov 

Connecticut Department of 

ENERGY & 

ENVIRONMENTAL 

PROTECTION 

ymw.ct.gov/de.ru;2 

Conserving, improving and protecting our natural resources and environment; 

Ensuring a clean, affordable, reliable, and sustainable energy supply. 

1 
Exhibit 3 

Delegation of Hearing Officer 

Hearing Certification 

Hearing report 
Connecticut Department of 

ENERGY & 

ENVIRONMENTAL 

PROTECTION 

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

Delegation of Hearing Officer 

In accordance with the provisions of section 22a-2 of the Connect] cut General Statutes, 

Elizabeth McAuliffe of the Bureau of Air Management is hereby appointed as Hearing Officer. 

The purpose of this delegation is to allow said Officer to conduct a hearing on October 19, 2012, 

and to render a proposed decision regarding a proposed revision· of the State Implementation 

Plan (SIP) for air quality required by the Clean Air Act Amendments of 1990 (CAA). This SIP 

revision will be submitted to the U.S. Environmental Protection Agency (EPA) for review and 

approval pursuant to CAA 
HEARING CERTIFICATION 

This is to certify that in accordance with the provisions of Title 40 Code of Federal Regulations Part. 

5 J .I 02, the following actions occurred: 

J. On August 16, 2012, the Department of Energy and Environmental Protection (Department) 

caused to be published a notice of intent to revise the State Implementation Plan for Air Quality 

(SlP). 

2 . Jn accordance with such notice, materials related to the public hearing were available for 

inspection on the web site at http://www.ct.gov/dep/cwp/viev{.aSR?A=2586&0=50952Q, 

bttp://www.ct.gov/de.Q/cwp/view.asp?a=2684&q=331234&depNav GJD= 1619. , and 

available at the offices of the Department at 79 Elm Street, Hartford, CT. 

3. fn accordance with such notice, the Department held a public hearing on October 19, 201.2, at the 

offices of the Department at 79 Elm Street, Hartford, CT. 

4. Notification of the notice of the SIP revision were electronically mailed and received, on August 

17, 2012, by the Directors of the air pollution control agencies in New York, New Jersey, 

Massachusetts and Rhode Island. 

5. Notification of the notice of the SIP revision were electronically mailed and received, on August 

17, 20 12, by the Office of Ecosystem Protection, EPA New England. 

6. The public notice was published on the web site at 

http://www.ct.gov/dep/cwp/view.asp?A 2586~0=50952Q and available at the offices of the 

Department at 79 Elm Street, Hartford, CT. 

Date r I 

Hearing Officer 
Hearing Report 

Hearing Date: October 19, 2012 

Hearing Officer: Elizabeth McAuliffe 

Revision to: 

The Connecticut State Implementation Plan for Air Quality concerning the 

following Consent Orders. 

J) PSEG Power C01mecticut LLC - Trading Agreement and Order 8187 Modification 1 

2) PSEG Power Connecticut LLC- Trading Agreement and Order 8242 Modification 1 

I. Summary 

On August 16, 2012, the Connecticut Department of Energy and Environmental 

Protection (Department) published a notice of intent on the Department's website 

http://www.ct.gov/dep/cwp/vicw.asp? A=2586&Q=509520 to revise the State 

Implementation Plan (SIP) for air quality through Orders and Modifications as required 

pursuant to 40 Code of Federal Regulations 51.102. The purpose of this revision is to 

allow modifications to the use restrictions for continuous emissions reductions credits of 

oxides of nitrogen emissions. The continuous emissions reductions credits of oxides of 

nitrogen emissions were approved in accordance with Section 22a-17 4-22 of the 

Regulations of Connecticut State Agencies. 

The proposed SIP revision was the subject of a public hearing held on Friday, October 19, 

2012, in the Holcombe Room at 79 Elm Street, Hatiiord, CoMecticut. The Department 

delegated hearing officer was Elizabeth McAuliffe. In attendance at the hearing were 

Jaimeson Sinclair and Elizabeth McAuliffe of the Depa1iment, and Robert Silvestri from 

PSEG. Written comments were accepted until4:30 PM, October 19, 2012. 

Typically this hearing report would include a summary of written or oral comments on 

the proposed SIP revision, the Department's response to the comments and any 

recommended changes to the proposed SIP revision. However, there were no oral or 

written comments received by the Department. 

IIV. Conclusion 

I recommend the proposed SIP revision be submitted by the Commissioner of Energy and 

Environmental Protection to the EPA Administrator as a revision to the Connecticut State 

Implementation Plan for Air Quality. 

, 

lliter~ Elizabetllr:McAuliffe ---

Hearing Officer 
Exhibit 4 

Consent Order Modifications and SIP Narrative 
Connecticut DepartrncnL of 

~ENF.RGY & 

~ENVIRONMENTAL 

~~ P R 0 T E CT I 0 N 

79 Elm Street Hartford, CT 06106-5127 

Mr. Richard P. Lopriore 

President 

PSEG Power Connecticut LLC 

l Atlantic Street 

BridgepOJi, CT 06604 

Dear Mr. Lopriore: 

www.ct.gov/deep Affirmative Action/Equal Opporlu nity Employer 

Please find enclosed, the executed modifications of Trading Agreement and Orders #8187 and #8242. 

The issuance of these modifications to the trading orders is the first step in the process of removing 

certain restrictions on the use of the Nitrogen Oxide Continuous Emissions Reduction Credits (NOx 

CERCs) that were created by Boiler #2 at the Bridgeport Harbor Station. 

The next step involved in this process is the Department's submission of a State Implementation Plan 

(SIP) Revision to Region 1 ofthe US Environmental Protection Agency (EPA). The final step in this 

process is EPA's incorporation ofthese order modifications into Connecticut's SIP. Once all those steps 

are complete, the modifications take full effect and PSEG Connecticut LLC may hold, trade, or sell the 

NOx CERCs in accordance with the original orders, as modified by the enclosed documents. 

Over the next 60-90 days the Department will coordinate with Mr. Robert Silvestri to prepare the SIP 

Revision package and have it reviewed by PSEG Power Connecticut LLC and submit it to Region 1 of 

USEP A. This is a process with which he is very familiar. 

Subsequently, EPA will review and approve the documentation and amend Connecticut's SIP according 

to EPA's staffing resources and priorities. Should you have questions regarding this process, please do 

not hesitate to contact Mr. Robert Girard, the Assistant Director of Enforcement at 860-424-3702. 

Sincerely, 

Engineering and Enforcement 

Bureau of Air Management 

Department of Energy and Environmental Protection 

Enclosures 

Date 

Cc: Robert Silvestri, Environmental Operations Leader, PSEG Power Connecticut LLC 

GSR/jas 
Connecticut Dep<Jrtrnent of 

ENERGY & 

ENVIRONMENTAL 

PROTECTION ' ,. a 

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

In the matter of ) 

) 

The State of Cormecticut and ) 

) 

PSEG Power Cormecticut LLC ) 

(formerly Wisvest Connecticut LLC) ) 

Trading Agreement and Order 8187 

Modification 1 

Whereas, the Commissioner of Environmental Protection and Wisvest-Cormecticut LLC 

("Wisvest") agreed to the terms and conditions set forth in Trading Agreement and Order 8187 and 

Wisvest Cormecticut LLC underwent a name change becoming PSEG Power Connecticut LLC and 

pursuant to Public Act 11-80, the Department ofEnergy and Environmental Protection became the 

successor agency to the Department of Environmental Protection; the Commissioner of Energy and 

Environmental Protection ("Commissioner") and PSEG Power LLC do now, by mutual agreement, 

modify said Trading Agreement and Order as follows: 

1. Delete the text Paragraph C. 5 and replace with the following: 

Any NOx allowances allocated to the boiler and received by Wisvest pursuant to 

Sections 22a-174-22b of the Regulations of Connecticut State Agencies shall not be 

eligible for conversion to offset credits. In addition, any portion of the 816 tons per 

year ofNOx CERCs referenced in Paragraphs A. 6 of Trading Agreement and Order 

No. 8187 may be used as offset credits in accordance with Paragraph B of Trading 

Agreement and Order No. 818 7. 

2. All other terms and conditions of Trading Agreement and Order No. 81 87 shall remain in 

effect. 
PSESG Power Connecticut LLC 2 Trading Agreement and Order 8187 

Modification No.1 

The Respondent hereby consents to the entry of this modification to the Trading Agreement 

and Order without further notice. 

PSEG Power Connecticut LLC (formerly Wisvest-Connccticut LLC) 

Signature: ---------

Name: Michael Stagliola 

------------------------------- Title: Plant Manager 

--------------------

Issued as a modification of a Trading Agreement and Order. 

Gar os 

Dire or 

Engineering and Enforcement Division 

Bureau of Air Management 

flo -

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

In the matter of 

The State of Connecticut and 

PSEG Power Coru1ecticut LLC 

) 

) 

) 

) 

) 

Trading Agreement and Order 8242 

Modification 1 

Whereas, the Commissioner of Environmental Protection and PSEG Power Connecticut LLC 

("PSEG") having agreed to the terms and conditions set forth in Trading Agreement and Order 

8242 and pursuant to Public Act 11-80, the Depati.ment ofEnergy and Environmental Protection 

is the successor agency to the Department of Environmental Protection; the Commissioner of 

Energy and Environmental Protection ("Commissioner") and PSEG do now, by mutual 

agreement, further modify said Trading Agreement and Order as follows: 

1. Delete the text of Paragraph B.S and replace with the following: 

Any NOx allowances allocated to the boiler and received by PSEG pursuant to 

Sections 22a-174-22b of the Regulations of Connecticut State Agencies shall not 

be eligible for conversion to offset credits. In addition, any portion of the 200 

tons per year ofNOx CERCs referenced in Paragraphs A. 6 of Trading 

Agreement and Order No. 8242 may be used as offset credits in the State of 

Cmmecticut in accordance with Section 22a-174-3a ofthe Regulations of 

Connecticut State Agencies. Any portion of the 200 tons per year ofNOx 

CERCs referenced in Paragraph A.6 of Trading Agreement and Order No. 8242 

may be transferred and used as offset credits outside of the State of Corrnecticut 

provided that: 

a. such transfer is performed in a mrumer that is allowable in accordance 

with the document Improving Air Quality with Economic Incentive 

Programs {EPA-452/R-01-00l},and 

b. such transfer and use is subject to the approval of the affected state. 

2. AU other terms and conditions of Trading Agreement and Order 8242 shall remain in 

effect. 
PSEG Power-Connecticut LLC 2 Trading A._ :ment and Order 8242 

Modification No. I 

The Respondent hereby consents to the entry of this modification to the Trading 

Agreement and O_rder without further notice. 

PSEG Power Connecticut LLC 

Signature: ________ _ 

Name: Michael stagliol a 

Trik: Plant Manager 

Date: ______ _ 

Issued as a modification of a Trading Agreement and Order. 

G yRo 

Du ctor 

Engineering and Enforcement Division 

Bureau of Ai.r Management 

Date 
Background 

SIP Description 

For PSEG Power Connecticut LLC (formerly Wisvest-Connecticut LLC)-

Modifications of Trading Agreement and Orders 8187 and 8242 

August 2012 

In 2000 and 2003, the Department of Environmental Protection issued Trading Agreement and Orders 

(TAO) 8187 and 8242 respectively, to create and preserve a total of 816 tons of oxides of nitrogen (NOx) 

continuous emissions reductions credits (CERCs). Both TAOs restrict the use of the NOx CERCs to the 

construction of new emissions units that would be subject to operation under an owne season NOx 

Budget program, as set forth in section 22a-174-22a and section 22a-174-22b ofthe Regulations of 

Connecticut State Agencies (RCSA) or a source subject to the Title 40 of the Code of Federal 

Regu lations, Patt 96 ("40 CFR 96"). 

The State of Connecticut proposes to modify those trading orders by allowing the NOx CERCs to be 

available for use as emission offsets to sources that are not subject to Sections 22a-174-22a and 22a-174-

22b of the RCSA and sources that are not subject to 40 CFR 96. The proposed modifications increase the 

utility of the NOx CERCs created and preserved by the TAOs; while also ensuring that such uses are 

consistent with the Clean Air Act and it's implementing federal and state regulations. 

Justification for Modifications 

The use of the NOx CERCs created and preserved by the two TAOs is limited to sources that are subject 

to a NOx budget program or a source that is subject to 40 CFR 96. The language implementing this 

restriction resides in Paragraph C.5 ofTAO #8187 and Paragraph B.S ofTAO #8242 and was intended to 

protect the integrity of the ozone season NOx budget. The TAOs limited the use of the CRRCs to 

sources that would be subject to NOx budgets once they were constructed. 

Subsequently, the Connecticut NOx budget regulations were repealed in 2007 and 2010 and replaced with 

section 22a-174-22c of the RCSA. The ozone season NOx budgets established under Section 22a-174-

22c of the RCSA arc much lower than the preceding ozone season NOx budgets and do not include any 

portion of the 816 tons ofNOx CERCs referred to in TAO #8 187 or any portion of the 200 tons NOx 

CERCs referred to in TAO #8242_ Since these emissions reductio11 are no longer part ofthe budget, they 

do not impact the budget or weaken the integrity of the budget. Consequently, restricting the use of the 

NOx credits referred to in TAOs #8187 and #8242 to sources that are subject to an ozone season NOx 

budget program is no longer necessary. 

For the reasons indicated above, these restriction in Paragraph C.S ofT AO #8187 and Paragraph B.S of 

TAO #8242 arc no longer necessary. Therefore, the Modifications eliminate these restrictions while 

maintaining all other conditions of the TAOs. 

This SIP action is proposed by the Connecticut Department of Energy and Environmental Protection to 

satisfy the requirements of section 22a-174-22 of the Regulations of Connecticut State Agencies. 

Specifically, Modifications of Trading Agreement and Orders 8187 and 8242 are being presented to the 

Administrator of the US Environmenta l Protection Agency for approval in accordance with the provisions 

of42 U.S.C. 7401-7671, et seq.