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Memorandum UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGION 1 5 Post Office Square, Suite 100 Boston, MA 02109-3912

Date: July 10, 2012 Subject: Technical Support Document (TSD) for the Connecticut Submittals to Fulfill the

Requirements for 1997 and 2006 PM2 .5 National Ambient Air Quality Standards Infrastructure Portion ofthe Clean Air Act Under Section 110(a)(2) From : Alison Simcox, Environmental Scientist CA6 Thru: Anne Arnold, Manager

Air Quality Planning Unit 

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Q To: Docket for Connecticut Section 110 PM2 .5 Infrastructure Submittals (EPA-RO1-OAR-2011-0317 and EPA-RO1-OAR-2011-0321) A . INTRODUCTION The Environmental Protection Agency (EPA) is taking action on certain submittals made by Connecticut to meet the CleanAir Act (CAA) section 110(a)(2) requirements relating to the 1997 and the revised 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) . This technical support document (TSD) gives EPA's analysis ofthe Connecticut submissions with respect to section 110(a)(2) . B . BACKGROUND Under sections 110(a)(1) and (2) ofthe Clean Air Act (CAA), states are required to submit SIPs that provide for the implementation, maintenance, and enforcement (the infrastructure) ofa new or revised NAAQSwithin three years following the promulgation ofthe NAAQS . Section 110(a)(2) lists the specific infrastructure elements that must be incorporated into the SIPs, including, for example, requirements for emission inventories, prevention of significant deterioration (PSD), air pollution control measures, and monitoring that are designed to assure attainment and maintenance ofthe NAAQS . EPArefers to the requirements ofsection 110(a)(2)(A)-(C), (D)(ii), (E)-(H), and (J)-(M) as the "infrastructure" SIPs. Additionally, EPA refers to the requirements ofsection 110(a)(2)(D)(i) as the "interstate transport" SIPs. EPA provided separate guidance to states on each type ofSIP, infrastructure and interstate transport, and these actions may be on separate tracks and timelines.1997 and 2006 PM2 .5 NAAQS On July 18, 1997, EPApublished new NAAQS for PM

(62 FR38652) . This included a new annual and a new

24-hour NAAQSfor particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (denoted PM2,5) . The annual PM2 .5 standard was set at 15 micrograms per cubic meter qLg/m3) based on a 3-year average ofannual mean PM2 .5 concentrations, and the 24-hour PM2 .5 standard was set at 65 ~Lg/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations. Thus, states were required to submit "infrastructure" SIPs for the 1997 PM2.SNAAQS to EPA no later than June 2000

. However, intervening litigation over the 1997 PM2 .5 (and 8-hour ozone) NAAQS created uncertainty about how to proceed, and many states did not provide the required "infrastructure" SIP submissions for these newly promulgated NAAQS . On March 4, 2004, Earthjustice submitted a notice of intent to sue related to EPA's failure to issue findings offailure to submit related to the infrastructure requirements for the 1997 PM2 .5 (and 8-hour ozone) NAAQS. With regard to the 1997 PM2 .5 NAAQS, EPAentered into a consent decree with Earthjustice, which required EPAto complete a Federal Register notice announcing EPA's determinations pursuant to section 110(k)(1)(B) ofthe Act as to whether each state had made complete submissions to meet the requirements ofsection 110(a)(2) for the 1997 PM2 .5 NAAQS by October 5, 2008. On October 17, 2006, EPApublished revised standards for PM (71 FR61144) . For PM2,5, the annual standard of 15 ~tg/m was retained, and the 24-hour standard was revised to 35 ~ig/m3. For PM 10, the annual standard was revoked, and the 24-hour standard (150 ~tg/m3) was retained. As required by section 110(a)(1) ofthe CAA, 110(a)(2) ("infrastructure") submittals were due within three years of promulgation ofthe revised 24-hour PM2 .5 standard (i .e., by September 21, 2009) . Connecticut submitted a certification letter for the 1997 PM2 .5 standards on September 4, 2008. On October 22, 2008, EPApublished findings concerning whether states had made the 110(a)(2) submissions for the 1997 PM2 .5 standards (73 FR 62902) . Inthe October 2008 action, we found that Connecticut had made acomplete submission. Connecticut submitted a certification letter for the 2006 PM2 .5 NAAQS on September 18, 2009. On June 9, 2010, EPApublished findings concerning whether states had made the 110(a)(2) submissions forthe 2006 PM2 .5 standards (75 FR32673) . In this findings notice, we found that Connecticut had made a complete submission. Additional information EPAis currently acting upon SIPs that address the infrastructure requirements of CAAsection 110(a)(1) and (2) for ozone and PM2,SNAAQS for various states across the country. Commenters on EPA's recent proposals for some states raised concerns about EPAstatements that it was not addressing certain substantive issues in the context of acting on those infrastructure SIP3

submissions. Those commenters specifically raised concerns involving provisions in existing SIPs andwith EPA's statements in other proposals that it would address two issues separately and not as part of actions on the infrastructure SIP submissions: (i) existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction ("SSM") at sources, that may be contrary to the CAAand EPA's policies addressing such excess emissions; and (ii) existing provisions related to "director's variance" or "director's discretion" that purport to permit revisions to SIP-approved emissions limits with limited public process or without requiring further approval by EPA, that may be contrary to the CAA . EPAnotes that there are twoother substantive issues for which EPAstated in other proposals that it would address the issues separately: (i) existing provisions for minor-source new source review("minor source NSR") programs that may be inconsistent with the requirements ofthe CAAand EPA's regulations that pertain to such programs; and (ii) existing provisions for Prevention of Significant Deterioration (PSD) programs that may be inconsistent with current requirements ofEPA's "Final NSR Improvement Rule," 67 FR 80186(December 31, 2002), as amended by 72 FR 32526(June 13, 2007) ("NSRReform") . As noted above, for the 1997 PM2 .5 (and also for 8-hour ozone) NAAQS, states must provide a SIP submission, or provide a certification that addresses sections 110(a)(2)(A) through (M), with the exception ofthe portion of 110(a)(2)(C) pertaining to a permit programin Part DTitle I of the CAA, three offour prongs of (D)(i), and 110(a)(2)(1) (nonattainment area plan under Part D) . Thefour prongs of 110(a)(2)(D)(i) refer to EPA's subdivision of (D)(i) into four "interstate transport prongs," two under 110(a)(2)(D)(i)(I) and two under 110(a)(2)(D)(i)(II) . The two prongs under 110(a)(2)(D)(i)(I) are: (prong 1) contribute significantly to nonattainment in any other state with respect to any such national primary or secondary NAAQS, and (prong 2) interfere with maintenance by any other state with respect to the same NAAQS. The two prongs under 110(a)(2)(D)(i)(II) are (prong 3) interfere with measures required to be included in the applicable implementation plan for any other state under part Cto prevent significant deterioration (PSD) ofair quality or (prong 4) to protect visibility. To help states meet this statutory requirement, EPAissued guidance on October 2, 2007 entitled "Guidance on SIPElements Required Under Section 110(a)(1) and (2)for the 1997 8-Hour Ozone and PMZ,5NationalAmbientAir Quality Standards," which listed the basic elements that states must include in their 110(a) SIPs. On September 25, 2009, EPA issued an updated guidance document entitled Guidance on SIP Elements Required Under Sections 110(a)(1) and (2)for the 2006 24-Hour Fine Particle (PM2 .5) National AmbientAir Quality Standards (NAAQS), whichclarifies expectations for certain elements to meet the requirements of sections 110(a)(1) and (2) ofthe CAAfor both the 1997 and 2006 PM2

.5 NAAQS. Specifically, guidance is provided for satisfying the section 110(a)(2)(D) requirements for the 2006PM2,5 NAAQS, as well as guidance for satisfying the section 110(a)(2)(G) requirements that addresses both the 1997 and 2006 PM2.5 NAAQS. C . STATE SUBMITTALS4

Pursuant to the October 2, 2007 EPAguidance for addressing the SIP infrastructure elements required under sections 110(a)(1) and (2), there are 14components that must be included in the SIPs that Connecticut submitted for the 1997 and 2006 PM2 .5 NAAQS

. These are as follows: Section 110(a)(2)(A) Emission limits and other control measures. Section 110(a)(2)(B) Ambient air quality monitoring/data system . Section 110(a)(2)(C) Program for enforcement of control measures. Section 110(a)(2)(D) Interstate transport. Section 110(a)(2)(E) Adequate resources. Section 110(a)(2)(F) Stationary source monitoring system . Section 110(a)(2)(G) Emergency power. Section 110(a)(2)(H) Future SIP revisions. Section 110(a)(2)(J) Consultation with government officials. Section 110(a)(2)(J) Public notification. Section 110(a)(2)(J) Prevention ofsignificant deterioration (PSD) and visibility protection. Section 110(a)(2)(K) Air quality modeling/submission ofsuch data. Section 110(a)(2)(L) Permitting fees. Section 110(a)(2)(M) Consultation/participation by affected local entities. As noted above, Connecticut provided a submittal dated September 4, 2008 to satisfy the requirements of section 110(a)(2) ofthe CAAfor the 1997 PM2 .5 NAAQS, and a submittal dated September 18, 2009 for the 2006 PM2,5 NAAQS. EPA is proposing to approve the submittals fromConnecticut as fully meeting the infrastructure requirements for the 1997 and 2006 PM2,5 standards for the following 110(a)(2) elements and sub-elements: (B), (C) (enforcement program), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation), (J) (public notification), (K), (L), and (M). We are proposing to conditionally approve the submittals fromConnecticut for the following 110(a)(2) elements: (A), (D)(ii),E(ii) (state boards and conflict of interest provisions), and elements (C), (D)(i)(II), and (J) as they relate to the state's PSDprogram

. For Connecticut, as further described under "Evaluation of State Submittals," we are only addressing prong 3 of 110(a)(2)(D)(i) (i .e., PSD) forthe 2006PM2,5NAAQS. EPAhas previously decided that it can take action on different parts ofan infrastructure SIP for a given NAAQS without taking concurrent action on all subsections. This is the case with section 110(a)(2)(D)(i) . EPAis workingwith states to address each ofthe four prongs ofsection 110(a)(2)(D)(i) with administrative actions proceeding on different tracks with different schedules.5

For elements that are conditionally approved, Connecticut will have oneyear fromfinal rulemaking to remedy the deficiencies described below under "Evaluation ofState Submittals." If the state remedies the deficiencies prior to the one-year deadline, EPAwill publish a rulemaking to convert the conditional approval to an approval . If the state does not remedy the deficiencies within the allowed one-year period, the conditional approval will become a disapproval . The rules proposed for conditional approval are (A) and E(ii) (state boards and conflict of interest provisions), and elements (C), (D)(i)(I1), and (J) as they relate to the state's PSDprogram

. D . EVALUATION OF STATE SUBMITTALS As noted above, Connecticut provided submittals for the 1997 and 2006 PM2,5NAAQS. However, the demonstrations submitted by the state for how it is meeting many ofthe section 110(a)(2) elements are substantively identical for both ofthe PM2 .5 NAAQS. Therefore, unless otherwise noted, the following evaluation ofeach element pertains to both standards. 1 . Section 110a

( )(2)(A) : Emission limits and other control measures: This requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters. CT DEEP's response to this requirement: The state listed the following provisions to meet this element: CGS Section 22a-6(a)(1) . The Commissioner is empowered to "adopt, amend or repeal . . . such environmental standards, criteria, and regulations . . .as are necessary and proper to carry out his functions, powers and duties." It is under this general grant of authority that the Commissioner has adopted emissions standards and control measures for a variety ofsources and pollutants . 

### CGS Section 22a-174g. California motor vehicle emission standards, including exhaust emission standards for precursors of PM and sources ofblack carbon. CGS Section 22a-174

. Establishes the Commissioner's general authority to adopt regulations and issue permits to control air pollution. CGS Section 22a-174(f) . Limitations on open burning (formerly Sec. 19-508) CGS Section 22a-174k . Restrictions on operation of outdoor wood-burning furnaces. Thesections ofthe air quality regulations specific emissions limits related to the control of PM2 .5 and PM2

.5 precursors include RCSA: 22a-174-3a(i) - (n Nonattainment new source review

and prevention ofsignificant deterioration. 22a-174-18 Control ofparticulate matter andvisible emissions. 22a-174-19 Control ofsulfur compound emissions. 22a-174-19a Control ofsulfur compound emissions frompower plants.6

22a-174-20 Control of organic compound emissions. 22a-174-22 NOx emissions (also included in many single source SIPrevisions.) 22a-174-22b Post-2002 NOx budget program . 22a-174-22c CAIR NOx ozone season trading program . 22a-174-27 Periodic motor vehicle inspection and maintenance. 22a-174-30 Gasoline vapor recovery. 22a-174-32VOCRACT (also included in manysingle source SIP revisions) 22a-174-36 Low

emission vehicles. 22a-174-36a Heavy-duty diesel engines. 22a-174-36b Low

emission vehicles lI program . 22a-174-38 Municipal waste combustors. 22a-174-40Consumer products. 22a-174-41 AIM

coatings. 22a-174-43 Portable fuel containers. 22a-174-44 Adhesives and sealants. EPAanalysis : Section 110(a)(2)(A) requires that all emission limits, control measures and other related matters in the SIP be enforceable. All ofthe CT regulations listed above were either previously approved by EPA(see Appendix), or are in the process of being approved by EPA . The following are in the process of being approved: 22a-174k (outdoor wood-burning furnaces), 22a-174-19a (control of sulfur compound emissions frompower plants), 22a-174-36b (LEVII), 22a-174-40 (consumer products), 22a-174-41 (AIM coatings), and 22a-174-44 (adhesive and sealants) . EPAproposed approval of 22a-174-19a on March 26, 2012 (77 FR 17367), and has signed a notice that includes 22a-174-40and 22a-174-41 . In January 2011, Connecticut revised Section 22a-174-3a. To be sure that references to NAAQS in Section 22a-174 incorporate by reference the 1997 and 2006 PM2 .5 NAAQS, Connecticut submitted a letter to EPA, datedJuly 11, 2012, committing to provide a statement of legal authority or to take any necessary actions to meet requirements ofSection 110(a)(2)(A) by a date no later than one year fromconditional approval of Connecticut's PM2 .5 infrastructure submissions. Therefore, we are proposing to conditionally approve Connecticut's submissions for infrastructure element 110(a)(2)(A) . 2 . Section 110(a)(2)(B) : Ambient air quality monitoring/data system This requires SINto include provisions to provide for establishment and operation ofambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. CT DEEP's response to this requirement: The state listed the following provisions to meet this element : 40 CFR53; 40 CFR58. Acomprehensive air quality monitoring plan, intended to meet requirements of 40 CFR58, is submitted to EPAeach year.7

[The most recent plan for Connecticut, the 2011 Annual Air Monitoring Network Plan, was submitted on July 7, 2011 andwas approved on July 21, 2011 .] CGS Section 22a-174(d) provides the commissioner with all incidental powers necessary to control air pollution. EPAanalysis : Connecticut meets the requirements to establish, operate, and maintain an ambient air monitoring network, collect and analyze the monitoring data, and make the data available to EPAuponrequest. We conclude that Connecticut's infrastructure SIPs for the 1997 and 2006 PM2

.s NAAQS meet the requirements of section 110(a)(2)(B) . 3 . Section 110(a)(2)(C : Programs for Enforcement, PSD, and NSR This requires states to have aplan that includes a program providing for enforcement ofall SIP measures and the regulation of modification and construction ofany stationary source within the areas covered by the plan as necessary to assure that NAAQSare achieved, including a program to meet PSDand nonattainment New Source Review(NSR) requirements. CT DEEP's response to this requirement: The state listed the following provisions to meet this element: CGS Section 22a-6(a)(5) . The commissioner may, in accordance with constitutional limitations, enter at all reasonable times, without liability, upon any public or private property, except a private residence, for the purpose of inspection and investigation to ascertain possible violations ofany statute, regulation, order or permit administered, adopted or issued by him and the owner, managing agent or occupant ofany such property shall permit such entry . . . CGSSection 22a-6b. Imposition ofcivil penalties by the commissioner. CGS Section 22a-7(d) . Civil actions. CGS Section 22a-171. "The commissioner shall . . . (4) adopt, amend, repeal and enforce regulations . . . and do any other act necessary to enforce theprovisions of [Chapter 446c, entitled "Air Pollution Control," which encompasses CGS Sections 22a-170through 22a-206] ." CGS Section 22a-174

. Orders to correct violations. CGS Section 22a-175

. Penalties for violations. CGS Section 22a-176

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

. Orders to correct violations.RCSAsection 22a-3a-6(c) . Orders, rulings and decisions - procedures in contested cases.

RCSAsection 22a-174-3a. Permit to construct and operate stationary sources. This section provides a permit program for enforceable emission limits and control measures. RCSAsection 22a-174-12. Violations and enforcement ofthe Regulations ofConnecticut State Agencies. This section provides that "The Commissioner shall designate employees of DEPto be known as enforcement personnel, who shall, acting with or without complaints, conduct 

### investigations and ascertain whether the Commissioner's regulations are being complied with." EPAanalysis : Enforcement: As noted above, Connecticut's infrastructure SIP submittal references the state regulations that provide for enforcement ofthose emission limits and control measures that the state has identified as necessary or appropriate for purposes of addressing the requirements ofsection 110(a)(2)(A) . Modification andconstruction: To meet the requirement for having a program for the regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that NAAQS are achieved, including a permit programas required by part Candpart Dofthe CAA, the state is required to have SIP-approved PSD, Nonattainment, and Minor NSR permitting programs adequate to implement the 1997 and 2006 PMz.s (as well as the1997 and 2008 8-hour ozone) NAAQS. NSRand PSDpermitting: As discussed previously, we are not evaluating nonattainment-related provisions, such as the nonattainment NSRprogramrequired bypart Din 110(a)(2)(C) and measures for attainment required by section 110(a)(2)(I), as part ofthe infrastructure SINfor the 1997 and 2006 PMZ.s NAAQS because these submittals are required beyond the date (3 years fromNAAQS promulgation) that section 110infrastructure submittals are required. PSDprograms apply in areas that are meeting the NAAQS or are unclassifiable (referred to as areas in attainment) . PSDapplies to new major sources and major modifications at existing sources. The Connecticut PSDprogram is established in RCSAsection 22a-174-3a (k) . [Connecticut's nonattainment NSRprogramis also established in RCSAsection 22a-174-3a.] The most recent revisions to this PSDprogram were approved into the SIP on May 10, 2011 (76FR26933) . Connecticut has authority to issue PSDpermits and enforce themunder its approved PSDSIP . Major Source PM2

.5 PSDrules9

On May 16, 2008, EPApromulgated the final "Implementation ofthe New Source Review (NSR) Programfor Particulate Matter Less Than 2.5 Micrometers (PMZ.s)" (73 FR28321) . That action established NSRapplicability for PM2 .5 precursor pollutants, established major source thresholds and significant emissions rates for PM2 .5 and its precursors, and laid out a road map for states to use in transitioning to addressing condensable particulate matter. Connecticut is in the process ofadopting rules to meet its obligations for PSDunder the May 16, 2008 PM2.5 rule. Following adoption ofthese rules, the state will submit a SIPrevision to EPAfor approval . On October 20, 2010, EPApromulgated the final "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2 .5 Micrometers (PMa.s)-Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)" (75 FR 64864) . That action amended the requirements PM2 .5 under the PSDprogram by adding maximum

allowable increases in ambient pollutant concentrations ("increments") and two screening tools, known as the Significant Impact Levels (SILs) and a Significant Monitoring Concentration (SMC) for PMz.s. The SILs for PM2 .5 were also added to two other NSRrules that regulate the construction and modification ofany major stationary source located in an attainment or unclassifiable area, where the source's emissions may cause or contribute to a violation ofthe NAAQS. In this final rule, states were required to submit revised SIPs to EPAfor approval by July 20, 2012. Although Connecticut will not meet this deadline, the state is in the process ofadopting rules to meet its obligations for PSDunder the October 20, 2010 PMZ.s rule. Following adoption ofthese rules, the state will submit a SIP revision to EPAfor approval . Since Connecticut has not yet completed the rulemaking discussed in the preceding two paragraphs, the Connecticut 110(a) submittals are not fully approvable with respect to CAA section 110(a)(2)(C) and (J) for the 1997 and 2006 PM2.5 NAAQSor section 110(a)(D)(i)(II) for the 2006 PM2

.5 NAAQS at this time. All these sections relate to Connecticut's PSDpermit program . However, Connecticut is making progress and, on June 15, 2012, submitted a letter to EPAcommitting to adopt and submit the necessary regulation revisions to EPAby a date no later than one year from

conditional approval ofConnecticut's PM2 .5 infrastructure submissions. Therefore, we are proposing to conditionally approve infrastructure elements 110(a)(2)(C), (D)(i)(II) and (J) that relate to the state's need to have a federally enforceable PSDprogram that meets requirements ofthe tworules discussed above, 73 FR28321 and 75 FR64864. Minor Source Permitting: In this action, EPA is proposing to approve Connecticut's Infrastructure SIP for the 1997 and 2006 PM2

.5 standards with respect to the general requirement in section 110(a)(2)(C) to include a programin the SIPthat regulates the modification and construction ofany stationary source necessary to assure that the NAAQSare achieved. EPAdid not reevaluate Connecticut's minor source program

at this time, and therefore, is not proposing to approve or disapprove the Connecticut existing minor NSRSIP programitself to the extent that it may be inconsistent with EPA's regulations governing this program . GHGPSDPermitting:10~

OnJune 3, 2010, EPA promulgated the final "Prevention of Significant Deterioration andTitle V Greenhouse Gas Tailoring Rule" (75 FR 31514) . This rule, known as "the Tailoring Rule" established thresholds that phase in the applicability of PSDrequirements to GHGsources, starting with the largest GHGemitters, andwas designed to relieve the overwhelming administrative burdens and costs associated with the dramatic increase in permitting burden that would have resulted fromapplying PSDrequirements to GHGemission increases at or above the mass-based statutory thresholds of 100or 250tons per year generally applicable to all PSDregulated pollutants starting on January 2, 2011 . However, EPArecognized that even after it finalized the Tailoring Rule, many SIPs with approved PSDprograms would, until they were revised, continue to apply PSDat the statutory thresholds, even though the states would not have sufficient resources to implement the PSDprogram at those levels. Consequently, on December 30, 2010, EPApromulgated the final "Limitation ofApproval of Prevention ofSignificant Deterioration Provisions Concerning Greenhouse Gas EmittingSources in State Implementation Plans" (75 FR 82536), which narrowed EPA's approval of previously approved SINthat apply PSDto GHGemissions increases fromsources emitting GHGs below

the Tailoring Rule thresholds. The rule allowed EPAto withdrawits previous approvals ofstate programs to the extent that the SIPs applied PSDto increases in GHG emissions fromGHG-emitting sources below the Tailoring Rule thresholds. Portions of the PSD programs regulating GHGs fromGHG-emitting sources with emission increases at or above the Tailoring Rule thresholds remained approved. The effect of EPAnarrowing its approval in this manner is that the provisions of previously approved SINthat apply PSDto GHGemissions increases from

sources emitting GHGs below the Tailoring Rule thresholds have the status of having been submitted by the state but not yet acted upon by EPA . Connecticut has an approved PSDSIPthat provides the state authority to issue PSDpermits governing GHGand sets GHGpermitting applicability at the Tailoring Rule thresholds. This PSDSIP, as most recently revised, was approved by EPAon May 10, 2011 (76 FR26933) . This PSDprogramis able to take advantage ofthe Tailoring Rule thresholds for PSDapplicability. EPAconcludes that Connecticut has SIP-approved regulations that include programs for enforcement, source monitoring, source testing and test methods, and recordkeeping and reporting (see Appendix) . However, EPA is proposing to make a determination that the Connecticut 110(a) submittals for the 1997 and 2006 PM2 .s NAAQS do not meet the portions of CAAsection 110(a)(2)(C) which relate to the state's need to have a federally enforceable PSD program that meets requirements ofthe two major source PM2 .5 PSDrules discussed above, 73 FR 28321 and 75 FR 64864 . Therefore, we are proposing to conditionally approve infrastructure elements 110(a)(2)(C) . (As discussed below, we are also proposing to conditionally approve two related elements, (D)(i)(II) and (J) .) 4 . Section 110(a)(2)(D) : Interstate transport and Interstate and International pollution abatement Section 110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii) . In addition, EPAhas subdivided Section 110(a)(2)(D)(i) into four "prongs," two under11

110(a)(2)(D)(i)(I) and two under 110(a)(2)(D)(i)(II) . The two prongs under 110(a)(2)(D)(i)(I) are (prong 1) contribute significantly to nonattainment in any other state with respect to any such national primary or secondary NAAQS, and (prong 2) interfere with maintenance by any other state with respect to the same NAAQS. The second two prongs under 110(a)(2)(D)(i)(II) are (prong 3) interfere with measures required to be included in the applicable implementation plan for any other state under part Cto prevent significant deterioration of air quality or (prong 4) to protect visibility. Section 110(a)(2)(D)(ii) addresses interstate and international pollution abatement, and requires SIPs to include provisions insuring compliance with sections 115 and 126oftheAct, relating to interstate and international pollution abatement. Herein, we are only addressing prong 3 of 110(a)(2)(D)(i) for Connecticut's I 10(a) submission for the 2006 PMZ.5 NAAQS, as well as section 110(a)(2)(D)(ii) for the 1997 and 2006 PM2,5 NAAQS. EPAhas previously decided that it can take action on different parts ofan infrastructure SIPfor a given NAAQS withouttaking concurrent action on all subsections. This is the case with section 110(a)(2)(D)(i) . EPA is workingwith states to address each ofthe four prongs ofsection 110(a)(2)(D)(i) with substantive administrative actions proceeding on different tracks with different schedules. CT DEEP's response to this requirement: The state listed the following provisions to meet components of 110(a)(2)(D) : Revision to the Connecticut State Implementation Plan --Addressing the Interstate Air Pollution Transport Requirements ofClean Air Act Section 110(a)(2)(D)(i), was submitted to EPAon March 13, 2007. EPAapproved the SIP revision on May 7, 2008 (73 FR25516) . NSRStringency Determination submitted to EPA-Region 1, December 29, 2005. In SIP for 2006 PM2.5 NAAQS, CT DEEP added that CT DEP [now CT DEEP] will revisit the analysis concerning Connecticut's significant contribution to any nearby state 24-hour PM2 .5 nonattainment areas once EPAhas made final nonattainment area designations for the 2006 PM2 .5 NAAQS. Connecticut also added a reference to their [at the time] draft Regional Haze SIP . In aJanuary 7, 2011 letter to EPA, CT DEEP revisited whether Connecticut's SIPprevents emissions that would otherwise significantly contribute to nonattainment or interfere with maintenance ofthe 2006 PM2 .5 NAAQS in downwind states. Connecticut noted that compliance with the NAAQS was achieved in 2009throughout the New York-New

Jersey-Connecticut (NY/NJ/CT) nonattainment area. However, compliance with the NAAQShad been achieved, in part, through state and federal regulations implementing the 2005 CleanAir Interstate Rule (CAIR) whichwas remanded to EPAby the D .C. Circuit Court in December 2008. Because Connecticut relied on CAIR for compliance with the 2006 PM2 .5 NAAQS, Connecticut (byway ofthe January 2011 letter) withdrew the portion ofthe PM2.5 SIPthat addressed the CAA Section 110(a)(2)(D)(i)(I) interstate transport provisions. This action by the state anticipates that EPAwill replace CAIRwith another Transport Rule.12

EPAanalysis: Regarding 110(a)(2)(D)(i) , we are herein only addressing prong 3 of 110(a)(2)(D)(i) (i .e., PSD) for the 2006 PMZ.5 NAAQS . We have already taken action on interstate transport SIPs for the 1997 PM2_5 NAAQS in separate rulemakings. On May 7, 2008, we approved Connecticut's March 13, 2007, section 110(a)(2)(D)(i) transport SIP submittal for the 1997 PM2,5(and 8-hour ozone) NAAQS, with a determination that the March 2007 submittal adequately addressed the four 110(a)(2)(D)(i) prongs related to the impact of interstate transport ofair pollutants (73 FR 25516) . These include prohibiting significant contribution to downwind nonattainment ofthe NAAQS, interference with maintenance ofthe NAAQS, interference with plans in another state to prevent significant deterioration ofair quality, and interference with efforts ofother states to protect visibility. EPAhas also taken separate action on prong 4of 110(a)(2)(D)(i) that pertains to visibility. Connecticut submitted a Regional Haze SIPto EPAon November 18, 2009, February, 24, 2012 and March 12, 2012. On March 26, 2012, EPApublished a proposal to approve Connecticut's Regional Haze SIP for the first planning period from2008 through 2018 . (See 77 FR 17367.) Intoday's action, for 110(a)(2)(D)(i), we are addressing only the requirement that pertains to preventing sources in Connecticut fromemitting pollutants that will interfere with measures required to prevent significant deterioration ofair quality in other states for the 2006 PM2 .5 standards. On August 15, 2006, EPAissued guidance entitled "Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) forthe 8-hour Ozone and PM2 .5 National Ambient Air Quality Standards." The 2006 guidance states that the PSDpermitting program is the primary measure that each state must include to prevent interference with other State's programs to prevent significant deterioration ofair quality in accordance with section 110(a)(2)(D)(i) . As discussed under (3) ofthis TSDon section 110(a)(2)(C), the State's SIP-approved PSD program does not yet meet requirements ofthe most recent federal PSDrules (including 73 FR 28321 and 75 FR 64864) for implementing the PM2 .5 NAAQS. Therefore, we are proposing to conditionally approve prong 3 of 110(a)(2)(D)(i) in Connecticut's 110(a) submittal for the 2006 PM2 .5 NAAQS

. Regarding Section 110(a)(2)(D)(ii), which relates to interstate and international pollution abatement, Connecticut's PSDregulations provide for notice to most ofthe parties consistent with the requirements in the EPAPSDprogram . There is, however, a flaw in Connecticut's SIPapproved PSDprogram regarding notice to other states. Compare CAA§ 126(a)(1) and40 CFR 51 .166(q)(2)(iv) (requiring notice to, among others, "any State . . . or Indian Governing body whose lands may be affected by emissions fromthe source or modification") with RCSA 22a174-2a(b)(6) (specifically excluding other states fromthe list of parties to receive copies ofdraft PSDpermits) . Although there is no specific mandate in Connecticut's regulations that affected states receive notice, Connecticut issues extensive notice of its draft permits, and neighboring states13

consistently get copied on those drafts. On January 12, 2012, CT proposed revisions to their permit program

notification requirements in 22a-174-2a(b)(5) and (6) . On June 15, 2012, CT sent a letter to EPAcommitting to submit the adopted provision to EPAby a date that is no later than oneyear fromconditional approval ofConnecticut's PM2 .5 infrastructure submissions. Also, the State also has no pending obligations under section 115 or 126(b) oftheAct. Therefore, we are proposing to conditionally approve Connecticut's submissions for infrastructure element 110(a)(2)(D)(ii) . 5 . Section 110(a)(2)(E) : Adequate resources Section 110(a)(2)(E) requires states to provide (i) necessary assurances that the state will have adequate personnel, funding, and authority under state law to carry out the SIP (and is not prohibited by any provision offederal or state law fromcarrying out the SIP or portion thereof), (ii) requires that the state comply with the requirements respecting state boards under section 128, and (iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation ofany SIPprovision, the state has responsibility for ensuring adequate implementation ofsuch SIPprovision. CT DEEP's response to this requirement: The state listed the following provisions to meet this element: CGS Section 22a-171 . Duties ofCommissioner of Environmental Protection. "The commissioner shall (1) initiate and supervise programs for the purposes of determining the causes, effect and hazards ofair pollution; (2) initiate and supervise state-wide programs ofair pollution control education; (3) cooperate with and receive money fromthe federal government and, with the approval ofthe Governor, fromany other public or private source; (4) adopt, amend, repeal and enforce regulations as provided in section 22a-174 and do any other act necessary to enforce the provisions ofthis chapter and section 14-164c; (5) advise and consult with agencies ofthe United States, agencies ofthe state, political subdivisions and industries and any other affected groups in furtherance ofthe purposes ofthis chapter." Air Quality Implementation Plan, Chapter 11, Parts A-E (March 3,1972) . This plan describes the (A) existing organizations, (B) manpower, (C) funding, (D) physical resources, and (E) local agencies. It stated, in part, "The Department of Environmental Protection will secure appropriations sufficient, in conjunctionwith federal assistance, to maintain the projected state funding levels." CT DEEPalso noted that it is the sole authority implementing the SIP and does not rely on local or regional governments or agencies to carry out this responsibility. EPAanalysis: CGS Section 22a-171 provides adequate authority for the State of Connecticut to carry out its SIP obligations with respect to the 1997 and 2006 PM2,5 NAAQS. The state receives sections 103 and 105 grant funds through its Performance Partnership Grant alongwith required state matching funds to provide funding necessary to carry out Connecticut's SIPrequirements.14

Therefore, EPAproposes to find that Connecticut's resources meet the requirements of CAA section 110(a)(2)(E)(i) . With regard to section 110(a)(2)(E)(ii), Connecticut does not have aboard or body that approves permits or enforcement orders under the CAA . We note that the Connecticut SIP currently does not contain provisions that explicitly address the requirements ofsection 128 ofthe CAA . Congress added section 128 in the 1977 amendments as the result ofa conference agreement. Titled "State boards," section 128 provides in relevant part: (a) Not later than the date one year after August 7, 1977, each applicable implementation plan shall contain requirements that: (1) Any board or body which approves permits or enforcement orders under [this Act] shall have at least a majority of members who represent the public interest and do not derive any significant portion oftheir income frompersons subject to permits or enforcement orders under [this Act], and (2) Any potential conflicts of interest by members ofsuch board or body or the head ofan executive agency with similar powers be adequately disclosed. We note three relevant considerations for implementing section 128. First, section 128 must be implemented through SIP-approved, federally enforceable provisions. Second, subsection 128(a)(1) applies only to states that have a board or body that is composed of multiple individuals and that, among its duties, approves permits or enforcement orders under the CAA . It does not apply in states that have no such multi-member board or body, andwhere instead a single head ofan agency approves permits or enforcement orders under the CAA . Third, subsection 128(a)(2), which requires that SIPs contain adequate provisions for disclosure ofpotential conflicts of interest, applies to all states, regardless ofwhetherthe state has a multimember board or body that approves permits or enforcement orders under the CAA . Connecticut currently does not have a multi-member board or body that approves permits or enforcement orders under the CAA . Instead, permits and enforcement orders are approved by the Commissioner of Environmental Protection. Thus, we propose that Connecticut currently is not subject to the requirements ofsubsection 128(a)(1) . However, Connecticut is subject to the requirements ofsection 128(a)(2), but did not demonstrate in their September 2008 or September 2009 110(a) submittals that they have meet these requirements. Subsequently, on June 15, 2012, Connecticut submitted a letter to EPAcommitting to address this issue by a date no later than oneyear fromconditional approval of Connecticut's PM2,5 Infrastructure submittals. Therefore, we are proposing to conditionally approve Connecticut's submissions with respect to section 110(a)(2)(E)(ii) . Finally, with respect to section 110(a)(2)(E)(iii), Connecticut has not assigned responsibility for carrying out portions ofthe SIPto any local government, agency, or other instrumentality. Connecticut's 110(a) SIPs, therefore, meet the requirements forthis element. 6 . Section 110(a)(2)(F) : Stationary source monitoring system This requires states to establish a systemto monitor emissions fromstationary sources and to submit periodic emission reports.

### 15

CT DEEP's response to this requirement: The state listed the following provisions to meet this element: CGS Section 22a-6(a)(5) . "The commissioner may, in accordance with constitutional limitations, enter at all reasonable times, without liability, upon any public or private property, except a private residence, for the purpose of inspection and investigation to ascertain possible violations ofany statute, regulation, order or permit administered, adopted or issued by him and the owner, managing agent or occupant ofany such property shall permit such entry . . ." CGS Section 22a-174(c) . Various powers ofthe commissioner related to permitting, inspections, and recordkeeping. RCSAsection 22a-174-4 . Source monitoring, record keeping and reporting. Paragraph (d)(1) states: "The commissioner may, by written notice, require the owner or operator ofany source to create, maintain and submit data, records or reports of monitoring data and other information deemed necessary by the commissioner to evaluate compliance with chapter 446c ofthe Connecticut General Statutes and regulations promulgated there under. Such information shall be recorded, compiled and submitted on forms furnished or prescribed by the commissioner. Thewritten notice shall provide the date by which such data, records or reports shall be submitted to the commissioner ." RCSAsection 22a-174-5 . Methods for sampling, emission testing, sample analysis, and reporting. (e)(1) states that "The owner or operator ofa stationary source ofair pollution with maximum uncontrolled emissions ofany particular air pollutant greater than one hundred (100) tons per year shall be required to carry out emission tests as prescribed by the Commissioner. Such test or tests shall be conducted at such intervals as the Commissioner may specify for an individual stationary source." Subsection (e)(2) states "In addition to the emissiontests required in subdivision 22a-174-5(e)(1), the commissioner may require the owner or operator ofany stationary source to conduct emission tests ofemissions." RCSA section 22a-174-10 . Public availability of information. Paragraph (a) states: Any records, reports or other information obtained by the Commissioner or on file with the department shall, pursuant to the provisions of sections 1-7 through 20 ofthe General Statutes, as amended, be made available to the public. EPAanalysis: EPA has reviewed the above laws and regulations and has determined that CT DEEP's submittals meet the requirements of CAASection 110(a)(2)(F) . The regulations referenced above have been approved into the Connecticut SIP . (See Appendix .) 7. Section 110(a)(2)(G) : Emergency power This requires states to provide for authority to address activities causing imminent and16

substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in their SIPs. CT DEEP's response to this requirement: Thestate listed the following provisions to meet this element. CT DEEP also noted that the state expects to be classified as a Priority III region and, therefore, an emergency episode plan for PM2 .5 is not required. CGS Section 22a-181 . Emergency action. RCSAsection 22a-174-6 . Air pollution emergency episode procedures. This section describes the existing emergency episode procedures in place, which are consistent with the significant harmlevels as indicated in 40 CFRPart 51 .151 . EPAanalysis : For PMZ,5, EPA's guidance dated September 25, 2009provides clarification that states that have air quality control regions identified as either Priority I, Priority IAor Priority II by the "Prevention ofAir Pollution Emergency Episodes" rules at 40 CFR 5 1 .150 must develop emergency episode contingency plans. The guidance recommends that until EPAestablishes significant harmlevels (SHL) for PM2,5, states should establish their own SHL levels based on EPA's February 12, 2007 issue paper on setting priority and emergency action levels and also consider the recommended levels set forth in Attachment Bofthe September 25, 2009 guidance. States would be required to develop emergency episode plans for any area that has monitored and recorded 24-hour PM2 .5 levels greater than 140 .4 Pg/m3since 2006

. Astate that has never exceeded this level since 2006 is considered to be Priority III in accordance with the guidance, may certify that it has appropriate general emergency powers to address PM2 .5 -related episodes, and is not required to adopt specific emergency episode plans at this time, given the existing monitored levels. Connecticut's September 2008and September 2009submittals state that they expect to be classified as a Priority III region and, therefore, an emergency episode plan for PM2 .5 is not required. Air-quality monitors in Connecticut show that PM2 .5 levels forthe past three years are below the 140 .5 Pg/m3threshold. Connecticut has, therefore, met the requirements of CAA Section 110(a)(2)(G) for both the 1997 and 2006 standards. 8 . Section 110(a)(2)(H) : Future SIPrevisions This requires states to have the authority to revise their SINin response to changes in the NAAQS, availability of improved methods for attaining NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. CT DEEP's response to this requirement: The September 2008 and September 2009 submittals cite the following regulations for this component ofthe 110SIPs:17

Air Quality Implementation Plan, Chapter 13, (March 3,1972) . "This implementation plan is intended to be dynamic, not static. To this end, it will be revised when necessary." CGSsection 22a-174(d) . The Commissioner is authorized with all incidental powers necessary to control and prohibit air pollution. EPAanalysis: Connecticut's submittals for both the 1997 and 2006 PM2,5standards certify that the SIP may be revised should EPAfind that the plan is substantially inadequate to attain a standard or to comply with any additional requirements under the CAA . Therefore, the state's submittals meet the requirements of CAASection 110(a)(2)(H) . 9 . Section 110(a)(2)(I) : Areas designated nonattainment and meet the applicable requirements of Part D . As noted above, this action does not address infrastructure elements related to section 110(a)(2)(1) . 10 . Section 110(a)(2)(J) : Consultation with government officials; Public notification; and PSDand visibility protection Section 110(a)(2)(J) requires states to provide aprocess for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant to Section 121 relating to consultation. Section 127 requires that the state notify the public ofany NAAQS exceedances, advise the public of health hazards associated with such pollution, and include measures to enhance public awareness of measures that can be taken to prevent exceedances. Section 110(a)(2)(J) also requires states to meet applicable requirements of Part Crelated to prevention ofsignificant deterioration andvisibility protection. EPAinterprets this section 110 provision on visibility as not being "triggered" by a new NAAQS because the visibility requirements in part Care not changed by a new NAAQS. CT DEEP's response to Section 110(a)(2)(J) : The state listed the following provisions to meet this element: CGSSection 22a-171. Duties ofCommissioner of Environmental Protection. "(5) advise and consult with agencies ofthe United States, agencies ofthe state, political subdivisions and industries and any other affected groups in furtherance ofthe purposes ofthis chapter." CGS Section 22a-174(d) . "The commissioner shall have all incidental powers to carry out the purposes of [Chapter 446c, entitled "Air Pollution Control," which encompasses Conn. Gen. Stat. Sections 22a-170through 22a-206] . . . CGS Chapter 54

. Uniform

Administrative Procedures Act.18

State Implementation Plan Revision Advisory Committee (SIPRAC) established in 1972 and generally meets each month. CGS Section 4-168

. Notice prior to action on regulations. CGS Section 22a-171. Duties of Commissioner of Environmental Protection. . . ."(2) Initiate and supervise state-wide programs ofair pollution control education;" CGS Section 22a-174(d) . "The commissioner shall have all incidental powers to carry out the purposes of [Chapter 446c, entitled "Air Pollution Control," which encompasses Conn. Gen. Stat. Sections 22a-170 through 22a-206] . . . RCSA section 22a-174-3a(k) . Permit Requirements for Attainment Areas: Prevention of Significant Deterioration ofAir Quality (PSD) Program . This section addresses the prevention ofsignificant deterioration ofair quality andvisibility protection. EPAanalysis: EPAfinds that Connecticut's 110(a) submittals meets the requirements of CAASection 110(a)(2)(J) for consultation with government officials. CT DEEP is one ofthe state partners participating in EPA's AIRNOW and Enviroflash Air Quality Alert programs. (See www .airnow .gov) CT DEEP's submittals meet the requirements of CAASection 110(a)(2)(J) for public notification. Regarding the requirement in section 110(a)(2)(J) that the SIPmeet the applicable requirements ofpart Coftitle I ofthe CAA, EPA has evaluated this requirement in the context ofsection 110(a)(2)(C) with respect to permitting (see discussion under (3) ofthis TSD) . The Connecticut PSDprogramis established in RCSAsection 22a-174-3a (k) . This PSD program was approved into the SIP on May 10, 2011 (76 FR26933) . Connecticut has authority to issue PSDpermits and enforce themunder its approved PSDSIP . EPA recently approved changes to Connecticut's PSDprogram on May 10, 2011, to reflect changes in the federal PSD program related to the permitting ofgreenhouse gas emission (76FR26933) . This PSDprogram takes advantage of the Tailoring Rule thresholds for PSDapplicability. However, as discussed under (3) and (4) above, Connecticut's EPA-approved PSDprogram does not yet meet requirements ofthe two major source PM2,5 PSDrules, 73 FR28321 and 75 FR 64864 . Therefore, we are proposing to conditionally approve the state's 110(a) submittals for the portion ofSection 110(a)(2)(J) that relates to PSD . With regard to the applicable requirements for visibility protection, EPArecognizes that states are subject to visibility and regional haze programrequirements under part Cofthe CAA . In the event ofthe establishment ofa new NAAQS, however, the visibility and regional haze program requirements under part Cdo not change. Thus, we find that there is no new visibility obligation triggered under section 110(a)(2)(J) when a new NAAQS becomes effective. That said,19

Connecticut submitted a Regional Haze SIPto EPAon November 18, 2009, February, 24, 2012 and March 12, 2012. On March 26, 2012, EPA published a proposal to approve Connecticut's Regional Haze SIPfor the first planning period from2008 through 2018. (See 77 FR 17367.) As a result ofthe above analysis, EPA is proposing to approve Connecticut's 110(a) submittals as meeting the requirements of CAASection 110(a)(2)(J) for consultation with government officials and public notification, and to conditionally approve the submittals for the portion of Section 110(a)(2)(J) that relates to PSD . 11 . Section 110(a)(2)(K) : Air quality modeling/data This requires that SIPs provide for performing air-quality modeling for predicting effects on air quality ofemissions from any NAAQS pollutant and submission ofsuch data to EPAupon request. CT DEEP's response to this requirement: The state listed the following provisions to meet this element: RCSA section 22a-174-3a(i) . Ambient Air Quality Analysis: "The commissioner may request any owner or operator to submit an ambient air quality impact analysis using applicable air quality models and modeling protocols approved by the commissioner." EPA PM2

.5 NSRRule: With respect to its NSRpermit program, Connecticut will begin implementing 40 CFR51 Appendix S for PM2 .5 as of July 15, 2008 in Fairfield and New Haven counties. 

### In SIPfor 2006 PM2.5 NAAQS, CT DEEP added following:

. . . . New Haven counties and the transitional PSDprogramfor PM2 .5, which is set out in an interimpolicy available at the following link: http://www

.ct.gov/dep/lib/dep/air/compliance monitorin modeling/pm 2 5 modeling procedu res.pdf EPAanalysis: EPApreviously approved Connecticut's section 22a-174-3 (see Appendix) . CGS Sec. 22a-5 gives the CT DEEP broad powers to conduct air-quality modeling, including modeling for attainment plans and redesignation requests. Therefore, Connnecticut's infrastructure submittals meet the requirements of CAASection 110(a)(2)(K) . 12. Section 110(a)(2)(L) : Permitting fees This requires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a permit, until such time as the SIP fee requirement is superseded by EPA's approval ofthe state's Title Voperating permit program .20

CT DEEP's response to this requirement: The state listed the following provisions to meet this element: CGS Section 22a-6(a)(10) . The commissioner may . . . by regulations adopted in accordance with the provisions ofchapter 54 require the payment ofa fee sufficient to cover . . . the reasonable cost of reviewing and acting upon an application for and monitoring compliance with the terms and conditions ofany state or federal permit, license, registration, order, certificate or approval required . . . CGS Section 22a-6f. Fees. Authorizes the commissioner to require annual fees. CGS Section 22a-174(g) . "The commissioner shall require, by regulations adopted in accordance with the provisions ofchapter 54, the payment ofa permit application fee sufficient to cover the reasonable costs of reviewing and acting upon an application for, and monitoring compliance with the terms and conditions of, any state or federal permit, license, order, certificate or approval required pursuant to this section. . . . .. In addition, Connecticut referred to the following elements ofits regulations implementing the operating permit programas provided in 40 CFRpart 70. RCSAsection 22a-174-26(c)(1) . "Each person to whom the commissioner issues a permit, or a modification or renewal thereto, under section 22a-174-3a, section 22a-174-2a and section 22a174-19 ofthe Regulations ofConnecticut StateAgencies shall pay apermit fee as prescribed in the fee schedule in subdivision (2) ofthis subsection." Thefee schedule is set forth in Table 26- 1 ofsubsection 2

. RCSA section 22a-174-33(j)(1)(Z). Requires Title Vsource to pay all fees due under RCSA section 22a-174-26

. (Approved as satisfying 40CFR70.6(a)(7)

. See 67 FR 31966 (May 13, 2002)) . EPAanalysis: Permitting fees that cover the costs of reviewing and acting upon any application for a permit are required by Connecticut's SIP approved Title Vprogramin its regulation 22a-174-26 . This meets the requirements of 110(a)(2)(L)(i) . The permitting fees in Connecticut's Title Vprogram also cover the reasonable costs of implementing and enforcing the terms and conditions ofsuch permits. This meets the requirements of 11 0(a)(2)(L)(ii) . 13. Section 110(a)(2)(M) : Consultation/participation by affected local entities This requires states to provide for consultation andparticipation in SIP development by local political subdivisions affected by the SIP.21

CT DEEP's response to this requirement: The state listed the following provisions to meet this element: CGSSection 4-168

. Notice prior to action on regulations. Connecticut Air Quality Implementation Plan, Chapter 12 "Intergovernmental Relations" (March 3, 1972) . "The State will take immediate action in coordinating and delegating new responsibilities to local agencies that are prepared to accept the responsibility." EPAanalysis : Based upon EPA's review ofthe September 2008 and September 2009 submittals, Connecticut's public participation requirements and procedures fulfill the requirements for consultation with local political subdivisions affected by the plans and, therefore, meet the requirements of CAA Section 110(a)(2)(M) . Conclusions and RecommendedAgency Action EPA's analysis ofConnecticut's infrastructure submittals for the 1997 and 2006 PMZ .5 NAAQS concludes that Connecticut's submittals meet the requirements for section 110(a)(2)( (B), (C) (enforcement program), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation), (J) (public notification), (K), (L), and (M) . We recommend that a rulemaking be prepared proposing approval ofthese elements. However, one or both ofthe submittals do not meet all requirements ofsection 110(a)(2)(A), E(ii) (state boards and conflict of interest provisions), and elements (C), (D)(i)(11), and (J) as they relate to the state's PSDprogram . We recommend that a rulemaking be prepared proposing conditional approval ofthese elements. EPAis proposing to approve the submittals fromConnecticut as fully meeting the infrastructure requirements for the 1997 and 2006 PM2,5standards for the following 110(a)(2) elements and sub-elements: (B), (C) (enforcement program), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation), (J) (public notification), (K), (L), and (M). We are proposing to conditionally approve the submittals fromConnecticut for the following 110(a)(2) elements: (A), )(D)(ii), E(ii) (state boards and conflict of interest provisions), and elements (C), (D)(i)(II), and (J) as they relate to the state's PSDprogram .Appendix EPA-Approved ConnecticutAir Quality Regulations

for PM2,5and Other Air Pollutants State Citation Title / Subject State Effective EPAApproval Explanations Date Date 14-164c Periodic Motor 05/28/2004 12/05/2008 DMV regulation revisions for test PDF (19 pp, Vehicle Emissions 73 FR 74019 and repair network and 93K) Inspection and implementing OBD2 and other

Maintenance tests. [See: Electronic Docket Number EPA-ROI-OAR-2008-0194 at www .regulations.gov] 22a-171 Duties of 01/12/1993 05/19/1994 Associated with the Small Business PDF (1 pg, Commissioner of 59 FR 26123 Stationary Source Technical and 106K) Environmental Environmental Compliance

Protection Assistance Program . 22a-174-1 Definitions 01/28/2011 05/10/2011 Note: Definitions which have been PDF (12 pp, 76 FR 26933 Incorporated By Reference into the 69K) Connecticut State Implementation Plan are numbered consecutively above by EPA, and do not necessarily correspond to the State's assigned definition number in the Connecticut State Regulation. It is Connecticut's practice to renumber their definitions in Section 22a-174-1 when definitions are added or deleted fromthe State Regulation. See Electronic Docket Number EPA-1101 -OAR-2010-0996 at www-reaul ations .qov 22a-174-2a Procedural 03/15/2003 02/27/2003 Except for the following sections: PDF (8 pp, Requirements for 68 FR 9009 (a)(1) through (6) ; (b)(1) throug~h 121 K) New

Source Review (4) ; introduction to (b)(5) ; and Title V (b)(5)(D), (F) and, the last sentence Permitting. of (G) ; (b)(9) ; (c)(2) ; clause after first comma "* * * or order pursuant to section 22a-1 74- 33(d) of regulations ofConnecticut State Agency * * *" in the introduction to (c)(6) ; (c)(6)(B) and (C) ; clause after first comma "* * * or order pursuant to section 22a-174-33(d) of Regulations of Connecticut State Agencies * * *" in (c)(9) ; reference to "Title V" in title of (d) ; (d)(4)(A) through (D) ; (d)(7)(A) through (D) ; (d)(8)(A) and (B) ; reference to "Title V" in title of (e) ; (e)(2)(A) and (B) ; (e)(3)(D) ; (e)(5)(A) through (F) ; reference to "Title V permit" in (e)(6) ; reference to "22a-174-33" in first clause of introduction to (f)(2) ; (f)(2)(F) ; (f)(5) ; (f)(6) ; (g)(1) and (2) ; (h)(1) through (3) and; (i)(1) through (3) . 22a-1 74-3a Permit to Construct Ol /28/2011 05/10/2011 Except for the following sections: PDF (23 pp, and Operate 76 FR 26933 (a)(1)(C) ; (a)(1)(G), (c)(1)(H) ; 11 3K) Stationary Sources (d)(3)(J) and (M); references to "Dioxin," °PCDDs" and, °PCDFs" in Table 3a(i)-1 of (i)(1) and; (m)(1) through (8) . See Electronic Docket Number EPA-1101-OAR-2010-0996 at www .requiations .qov 22a-1 74-3b Permits for 4/4/06 8/31/06 Only the automotive refinishing PDF (1 pg, construction and 71 FR 51 761 requirements of 22a-1 74-3b are 32K) operation of being approved. Connecticut did

stationary sources not submit the other subsections of the rule as part of its SIP revision. [See: Electronic Docket Number EPA-ROI-OAR-2005-CT-0001 at www .regulations.qov] 19-508-4 Source Monitoring, 10/31 /1997 01/10/1995 Section 19-508-4. Regulations of 22a-1 74-4 Record Keeping, 60 FR 2524 Connecticut State Agencies PDF (5 pp, Reporting and Abatement of Air Pollution; and 11 5K) Authorization of Section 22a-1 74-4. Regulations

Inspection of Air of Connecticut State Agencies Pollution Sources

### 3

19-508-5 Methods for 12/191980 08/28/1981 PDF (2 pp, Sampling, Emission 46 FR 43418 107K) Testing, and

Reporting 19-508-6 Air Pollution 08/31/1979 12/23/1980 PDF (8 pp, Emergency Episode 45 FR 84769 174K) Procedures 19-508-7 Malfunction of 04/04/1982 10/28/1972 PDF (2 pp, Control Equipment ; 37 FR 23085 106K) Reporting 19-508-8 Compliance Plan 02/01/1989 02/23/1993 Section 19-508-4 and 22a-174- 22a-1 74-8 and Schedules 58 FR 10957 4. PDF (4 pp, 109K) 19-508-9 Prohibition of Air 08/31/1979 08/12/1983 PDF (1 pg, Pollution 48 FR 36579 104K) 19-508-10 Public Availability 04/04/1972 10/28/1972 PDF (1 pg, of Information 37 FR 23085 105K) 19-508-11 Prohibition Against 04/04/1972 10/28/1972 PDF (1 pg, Concealment or 37 FR 23085 104K) Circumvention 19-508-12 Violations and 04/04/1972 10/28/1972 PDF (3 pp, Enforcement 37 FR 23085 109K) 19-508-13 Variances 08/31/1979 12/23/1980 PDF (3 pp, 45 FR 84769 11 0K) 19-508-14 Compliance with 04/04/1972 05/31/1972 PDF (1 pg, Regulation No 37 FR 10842 104K) Defense to

Nuisance Claim 19-508-15 Severability 04/04/1972 05/31/1972 PDF (1 pg, 37 FR 10842 104K) 19-508-16 Responsibility to 04/04/1972 05/31/1972 PDF (1 pg, Comply with 37 FR 10842 104K) Applicable

Regulations

### 4

19-508-17 Control of Open 04/04/1972 05/31/1972 PDF (2 pp, Burning 37 FR 10842 107K) 19-508-18 Control of 07/11/1981 09/23/1982 PDF (9 pp, Particulate 47 FR 41958 176K) Emissions 19-508-19 Control of Sulfur 11/02/1981 11/18/1981 PDF (5 pp, Compound 46 FR 56612 114K) Emissions 22a-174-20 Control of Organic 04/01/1998 10/19/2000 PDF (56 pp, Compound 65 FR 62620 349K) Emissions 19-508-21 Control of Carbon 04/04/1972 10/28/1972 PDF (1 pg, Monoxide 37 FR 23085 104K) Emissions 22a-1 74-22 Control of Nitrogen 01 /23/1997 10/06/1997 PDF (14 pp, Oxides Emissions 62 FR 52016 140K) 22a-174-22a Nitrogen Oxides 03/03/1999 09/28/1999 PDF (34 pp, (NOx) Budget 64 FR 52233 240K) Program 09/04/2007 01/24/2008 Repealed as ofJanuary 24, 2008 . 73 FR 4105 Superseded by CAIR (22a-174-

22c) . [See: Electronic Docket Number EPA-1101 -OAR-2007-0399 at www .regulations .gov] 22a-174-22b Post-2002 09/29/1999 12/27/2000 PDF (48 pp, Nitrogen Oxides 65 FR 81743 323K) (NOx) Budget 09/04/2007 01/24/2008 Repealed as of May 1, 2010.

Program 73 FR 4105 Superseded by CAIR (22a-174- 22c) . [See: Electronic Docket Number EPA-R01 -OAR-2007-0399 at www .regulations.gov] 22a-174-22c The Clean Air 09/04/2007 01/24/2008 [See: Electronic Docket Number PDF (36 pp, Interstate Rule 73 FR 4105 EPA-1101 -OAR-2007-0399 at 195K) (CAIR) Nitrogen www .regulations.gov] Oxides (NOx) Ozone SeasonTrading Program . 19-508-24 Connecticut 10/08/1980 12/13/1985 PDF (3 pp, Primary and 50 FR 50906 108K) Secondary

standards 19-508-25 Effective Date 04/04/1972 10/28/1972 PDF (1 pg, 37 FR 23085 104K) 22a-1 74-27 Emission Standards 08/25/2004 12/05/2008 DEP regulations including PDF (4 pp, and On-Board 73 FR 74019 emissions standards and OBD2 27K) Diagnostic II Test requirements.

Requirements for Periodic Motor [See: Electronic Docket Number Vehicle Inspection EPA-1101 -OAR-2008-0194 at and Maintenance www .regulations.gov ] 22a-174-28 Oxygenated 09/28/1999 12/O1/1999 PDF (9 pp, Gasoline 64 FR 67188 125K) 22a-174-30 Dispensing of 05/10/2004 8/31/06 Added newrequirements for PV PDF (10 pp, Gasoline/Stage 11 71 FR 51 761 vents and increased frequency of 57K) Vapor Recovery Stage II testing. All of 22a-174-30 is approved with the exception of subsection (c)(5), which the state did not submit as part of the SIP revision. [See: Electronic Docket Number EPA-ROI-OAR-2005-CT-0001 at www .regulations.gov] 22a-174-32 Reasonably 08/27/1999 10/19/2000 December 23, 2005 four PDF (1 1 pp, Available Control 65 FR 62620 Connecticut Consent Orders, 130K) Technology for [8229A, 8190, 8200, and 8237]

Volatile Organic were adopted into the SIP under Compounds 22a-174-32, (10/24/2005 70 FR 61384) . 22a-174-36 Low Emission 01/29/1999 08/16/1999 Section 22a-1 74-36(a) through PDF (15 pp, Vehicles 64 FR 44411 36(f) state effective 12/23/1994; 1 53K) Section 22a-174-36(g) state effective 01 /29/1999. 22a-174-38 Municipal Waste 10/26/2000 12/06/2001 The nitrogen oxide emission limits PDF (23 pp, Combustors 66 FR 63311 and related regulatory provisions220K) of 22a-174-38, Municipal Waste Combustors, included in sections 22a-1 74-38 (a), (b), (c), (d), (i), Q), (k), (I), and (m) . 22a-174-43 Portable Fuel 05/10/2004 08/31/2006 [See: Electronic Docket Number PDF (8 pp, Container Spillage 71 FR 51761 EPA-ROI-OAR-2005-CT-0001 at 52K) Control www .regulations .qov

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