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Memorandum 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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 of the Clean Air Act Under Section 110(a)(2) 

From : Alison Simcox, Environmental Scientist CA 6 

Thru: Anne Arnold, Manager 

Air Quality Planning Unit 

f Q 

To: Docket for Connecticut Section 110 PM2.5 Infrastructure Submittals 

(EPA-RO 1-OAR-2011-0317 and EPA-RO 1-OAR-2011-0321) 

A. INTRODUCTION 

The Environmental Protection Agency (EPA) is taking action on certain submittals made by 

Connecticut to meet the Clean Air 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 of the Connecticut 

submissions with respect to section 110(a)(2). 

B. BACKGROUND 

Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), states are required to submit SIPs 

that provide for the implementation, maintenance, and enforcement (the infrastructure) of a new 

or revised NAAQS within three years following the promulgation of the 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 of the NAAQS. EPA refers to the requirements of section 

110(a)(2)(A)-(C), (D)(ii), (E)-(H), and (J)-(M) as the "infrastructure" SIPs. Additionally, EPA 

refers to the requirements of section 110(a)(2)(D)(i) as the "interstate transport" SIPs. EPA 

provided separate guidance to states on each type of SIP, infrastructure and interstate transport, 

and these actions may be on separate tracks and timelines. 
1997 and 2006 PM2.5 NAAQS 

On July 18, 1997, EPA published new NAAQS for PM (62 FR 38652). This included a new 

annual and a new 24-hour NAAQS for 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 of annual 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 of failure 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, EPA entered into a 

consent decree with Earthjustice, which required EPA to complete a Federal Register notice 

announcing EPA's determinations pursuant to section 110(k)(1)(B) of the Act as to whether each 

state had made complete submissions to meet the requirements of section 110(a)(2) for the 1997 

PM2.5 NAAQS by October 5, 2008. 

On October 17, 2006, EPA published revised standards for PM (71 FR 61144). 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) of the CAA, 110(a)(2) ("infrastructure") submittals were due 

within three years of promulgation of the 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, EPA published findings concerning whether states had made the 110(a)(2) 

submissions for the 1997 PM2.5 standards (73 FR 62902). In the October 2008 action, we found 

that Connecticut had made a complete submission. 

Connecticut submitted a certification letter for the 2006 PM2.5 NAAQS on September 18, 2009 . 

On June 9, 2010, EPA published findings concerning whether states had made the 110(a)(2) 

submissions for the 2006 PM2.5 standards (75 FR 32673). In this findings notice, we found that 

Connecticut had made a complete submission. 

Additional information 

EPA is currently acting upon SIPs that address the infrastructure requirements of CAA section 

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 EPA statements that it was not 

addressing certain substantive issues in the context of acting on those infrastructure SIP 
3 

submissions. Those commenters specifically raised concerns involving provisions in existing 

SIPs and with 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 CAA and 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. EPA notes that there are two other 

substantive issues for which EPA stated 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 of the CAA and 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 of EPA's "Final NSR 

Improvement Rule," 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 

2007) ("NSR Reform"). 

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 of the portion of 110(a)(2)(C) pertaining to a permit program in Part D Title I of 

the CAA, three of four prongs of (D)(i), and 11 0(a)(2)(1) (nonattainment area plan under Part D). 

The four 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 C to prevent significant 

deterioration (PSD) of air quality or (prong 4) to protect visibility . 

To help states meet this statutory requirement, EPA issued guidance on October 2, 2007 entitled 

"Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour 

Ozone and PMZ,5 National Ambient Air 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 Ambient Air Quality Standards (NAAQS), which clarifies expectations for certain 

elements to meet the requirements of sections 110(a)(1) and (2) of the CAA for both the 1997 

and 2006 PM2.5 NAAQS. Specifically, guidance is provided for satisfying the section 

110(a)(2)(D) requirements for the 2006 PM2,5 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 SUBMITTALS 
4 

Pursuant to the October 2, 2007 EPA guidance for addressing the SIP infrastructure elements 

required under sections 110(a)(1) and (2), there are 14 components 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 of significant deterioration (PSD) and visibility protection. 

Section 110(a)(2)(K) Air quality modeling/submission of such 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) of the CAA for 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 from Connecticut 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 from Connecticut 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 PSD program. 

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) for the 2006 PM2,5 NAAQS. EPA has 

previously decided that it can take action on different parts of an infrastructure SIP for a given 

NAAQS without taking concurrent action on all subsections. This is the case with section 

110(a)(2)(D)(i) . EPA is working with states to address each of the four prongs of section 

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 one year from final 

rulemaking to remedy the deficiencies described below under "Evaluation of State Submittals ." 

If the state remedies the deficiencies prior to the one-year deadline, EPA will 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 

PSD program. 

D. EVALUATION OF STATE SUBMITTALS 

As noted above, Connecticut provided submittals for the 1997 and 2006 PM2,5 NAAQS. 

However, the demonstrations submitted by the state for how it is meeting many of the section 

110(a)(2) elements are substantively identical for both of the PM2.5 NAAQS. Therefore, unless 

otherwise noted, the following evaluation of each element pertains to both standards. 

1 . Section 110 a

( 

)(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 of sources and pollutants . 

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

emission standards for precursors of PM and sources of black carbon. 

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

and issue permits to control air pollution. 

CGS Section 22a-174(f) . Limitations on open burning (formerly Sec. 19-508) 

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

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

PM2.5 and PM2.5 precursors include RCSA : 

22a-174-3a(i) - (n Nonattainment new source review and prevention of significant deterioration. 

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

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

22a-174-19a Control of sulfur compound emissions from power plants . 
6 

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

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

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

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

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

22a-174-30 Gasoline vapor recovery. 

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

22a-174-36 Low emission vehicles . 

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

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

22a-174-38 Municipal waste combustors. 

22a-174-40 Consumer products. 

22a-174-41 AIM coatings . 

22a-174-43 Portable fuel containers. 

22a-174-44 Adhesives and sealants. 

EPA analysis : Section 110(a)(2)(A) requires that all emission limits, control measures and 

other related matters in the SIP be enforceable. All of the 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 from power plants), 22a-174-36b (LEV II), 

22a-174-40 (consumer products), 22a-174-41 (AIM coatings), and 22a-174-44 (adhesive and 

sealants). EPA proposed approval of 22a-174-19a on March 26, 2012 (77 FR 17367), and has 

signed a notice that includes 22a-174-40 and 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, dated July 11, 2012, committing to provide a statement of legal 

authority or to take any necessary actions to meet requirements of Section 110(a)(2)(A) by a date 

no later than one year from conditional 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 SIN to include provisions to provide for establishment and operation of ambient 

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 CFR 53; 40 CFR 58. A comprehensive air quality monitoring plan, intended to meet 

requirements of 40 CFR 58, is submitted to EPA each year. 
7 

[The most recent plan for Connecticut, the 2011 Annual Air Monitoring Network Plan, was 

submitted on July 7, 2011 and was approved on July 21, 2011 .] 

CGS Section 22a-174(d) provides the commissioner with all incidental powers necessary to 

control air pollution. 

EPA analysis : 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 EPA upon request. 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 a plan that includes a program providing for enforcement of all SIP 

measures and the regulation of modification and construction of any stationary source within the 

areas covered by the plan as necessary to assure that NAAQS are achieved, including a program 

to meet PSD and 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 

of any statute, regulation, order or permit administered, adopted or issued by him and the owner, 

managing agent or occupant of any such property shall permit such entry . . . 

CGS Section 22a-6b. Imposition of civil 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-170 through 22a-206] ." 

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

CGS Section 22a-175. Penalties for violations . 

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

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

CGS Section 22a-178. Orders to correct violations . 
RCSA section 22a-3a-6(c). Orders, rulings and decisions - procedures in contested cases. 

RCSA section 22a-174-3a . Permit to construct and operate stationary sources. This section 

provides a permit program for enforceable emission limits and control measures. 

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

Agencies. This section provides that "The Commissioner shall designate employees of DEP to be 

known as enforcement personnel, who shall, acting with or without complaints, conduct 

investigations and ascertain whether the Commissioner's regulations are being complied with ." 

EPA analysis : 

Enforcement: 

As noted above, Connecticut's infrastructure SIP submittal references the state regulations that 

provide for enforcement of those emission limits and control measures that the state has 

identified as necessary or appropriate for purposes of addressing the requirements of section 

110(a)(2)(A) . 

Modification and construction : 

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 program as required by part C and part D of the 

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 the 1997 and 

2008 8-hour ozone) NAAQS. 

NSR and PSD permitting : 

As discussed previously, we are not evaluating nonattainment-related provisions, such as the 

nonattainment NSR program required by part D in 110(a)(2)(C) and measures for attainment 

required by section 110(a)(2)(I), as part of the infrastructure SIN for the 1997 and 2006 PMZ.s 

NAAQS because these submittals are required beyond the date (3 years from NAAQS 

promulgation) that section 110 infrastructure submittals are required . 

PSD programs apply in areas that are meeting the NAAQS or are unclassifiable (referred 

to as areas in attainment). PSD applies to new major sources and major modifications at existing 

sources. 

The Connecticut PSD program is established in RCSA section 22a-174-3a (k) . [Connecticut's 

nonattainment NSR program is also established in RCSA section 22a-174-3a.] The most recent 

revisions to this PSD program were approved into the SIP on May 10, 2011 (76 FR 26933). 

Connecticut has authority to issue PSD permits and enforce them under its approved PSD SIP. 

Major Source PM2.5 PSD rules 
9 

On May 16, 2008, EPA promulgated the final "Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less Than 2 .5 Micrometers (PMZ.s)" (73 FR 28321). 

That action established NSR applicability 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 of adopting rules to meet its obligations for PSD under the May 16, 2008 PM2.5 

rule . Following adoption of these rules, the state will submit a SIP revision to EPA for approval. 

On October 20, 2010, EPA promulgated 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 PSD program 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 NSR rules that regulate the construction 

and modification of any major stationary source located in an attainment or unclassifiable area, 

where the source's emissions may cause or contribute to a violation of the NAAQS. In this final 

rule, states were required to submit revised SIPs to EPA for approval by July 20, 2012. Although 

Connecticut will not meet this deadline, the state is in the process of adopting rules to meet its 

obligations for PSD under the October 20, 2010 PMZ.s rule . Following adoption of these rules, 

the state will submit a SIP revision to EPA for 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 NAAQS or section 110(a)(D)(i)(II) 

for the 2006 PM2.5 NAAQS at this time . All these sections relate to Connecticut's PSD permit 

program. However, Connecticut is making progress and, on June 15, 2012, submitted a letter to 

EPA committing to adopt and submit the necessary regulation revisions to EPA by a date no later 

than one year from conditional approval of Connecticut'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 PSD program that 

meets requirements of the two rules discussed above, 73 FR 28321 and 75 FR 64864 . 

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 

program in the SIP that regulates the modification and construction of any stationary source 

necessary to assure that the NAAQS are achieved. EPA did not reevaluate Connecticut's minor 

source program at this time, and therefore, is not proposing to approve or disapprove the 

Connecticut existing minor NSR SIP program itself to the extent that it may be inconsistent with 

EPA's regulations governing this program. 

GHG PSD Permitting: 
10~ 

On June 3, 2010, EPA promulgated the final "Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule" (75 FR 31514). This rule, known as "the Tailoring Rule" 

established thresholds that phase in the applicability of PSD requirements to GHG sources, 

starting with the largest GHG emitters, and was designed to relieve the overwhelming 

administrative burdens and costs associated with the dramatic increase in permitting burden that 

would have resulted from applying PSD requirements to GHG emission increases at or above the 

mass-based statutory thresholds of 100 or 250 tons per year generally applicable to all PSDregulated pollutants starting on January 2, 2011 . However, EPA recognized that even after it 

finalized the Tailoring Rule, many SIPs with approved PSD programs would, until they were 

revised, continue to apply PSD at the statutory thresholds, even though the states would not have 

sufficient resources to implement the PSD program at those levels . 

Consequently, on December 30, 2010, EPA promulgated the final "Limitation of Approval of 

Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas EmittingSources in State Implementation Plans" (75 FR 82536), which narrowed EPA's approval of 

previously approved SIN that apply PSD to GHG emissions increases from sources emitting 

GHGs below the Tailoring Rule thresholds. The rule allowed EPA to withdraw its previous 

approvals of state programs to the extent that the SIPs applied PSD to increases in GHG 

emissions from GHG-emitting sources below the Tailoring Rule thresholds. Portions of the PSD 

programs regulating GHGs from GHG-emitting sources with emission increases at or above the 

Tailoring Rule thresholds remained approved. The effect of EPA narrowing its approval in this 

manner is that the provisions of previously approved SIN that apply PSD to GHG emissions 

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 PSD SIP that provides the state authority to issue PSD permits 

governing GHG and sets GHG permitting applicability at the Tailoring Rule thresholds. This 

PSD SIP, as most recently revised, was approved by EPA on May 10, 2011 (76 FR 26933). This 

PSD program is able to take advantage of the Tailoring Rule thresholds for PSD applicability. 

EPA concludes 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 

CAA section 110(a)(2)(C) which relate to the state's need to have a federally enforceable PSD 

program that meets requirements of the two major source PM2.5 PSD rules 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, EPA has subdivided Section 110(a)(2)(D)(i) into four "prongs," two under 
11 

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 C to 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 126 of the Act, 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. EPA has previously decided that it can take action on different parts of an 

infrastructure SIP for a given NAAQS without taking concurrent action on all subsections. This 

is the case with section 110(a)(2)(D)(i) . EPA is working with states to address each of the four 

prongs of section 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 of Clean Air Act Section 110(a)(2)(D)(i), was submitted to 

EPA on March 13, 2007 . EPA approved the SIP revision on May 7, 2008 (73 FR 25516). 

NSR Stringency 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 EPA has 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 a January 7, 2011 letter to EPA, CT DEEP revisited whether Connecticut's SIP prevents 

emissions that would otherwise significantly contribute to nonattainment or interfere with 

maintenance of the 2006 PM2.5 NAAQS in downwind states . Connecticut noted that compliance 

with the NAAQS was achieved in 2009 throughout the New York-New Jersey-Connecticut 

(NY/NJ/CT) nonattainment area. However, compliance with the NAAQS had been achieved, in 

part, through state and federal regulations implementing the 2005 Clean Air Interstate Rule 

(CAIR) which was remanded to EPA by the D.C. Circuit Court in December 2008. Because 

Connecticut relied on CAIR for compliance with the 2006 PM2.5 NAAQS, Connecticut (by way 

of the January 2011 letter) withdrew the portion of the PM2.5 SIP that addressed the CAA 

Section 110(a)(2)(D)(i)(I) interstate transport provisions . This action by the state anticipates that 

EPA will replace CAIR with another Transport Rule. 
12 

EPA analysis : 

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 of air pollutants (73 FR 

25516). These include prohibiting significant contribution to downwind nonattainment of the 

NAAQS, interference with maintenance of the NAAQS, interference with plans in another state 

to prevent significant deterioration of air quality, and interference with efforts of other states to 

protect visibility . 

EPA has also taken separate action on prong 4 of 110(a)(2)(D)(i) that pertains to visibility . 

Connecticut submitted a Regional Haze SIP to EPA on November 18, 2009, February, 24, 2012 

and March 12, 2012 . On March 26, 2012, EPA published a proposal to approve Connecticut's 

Regional Haze SIP for the first planning period from 2008 through 2018. (See 77 FR 17367 .) 

In today's action, for 110(a)(2)(D)(i), we are addressing only the requirement that pertains to 

preventing sources in Connecticut from emitting pollutants that will interfere with measures 

required to prevent significant deterioration of air quality in other states for the 2006 PM2.5 

standards. On August 15, 2006, EPA issued guidance entitled "Guidance for State 

Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 

110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 National Ambient Air Quality Standards ." The 

2006 guidance states that the PSD permitting program is the primary measure that each state 

must include to prevent interference with other State's programs to prevent significant 

deterioration of air quality in accordance with section 110(a)(2)(D)(i). 

As discussed under (3) of this TSD on section 110(a)(2)(C), the State's SIP-approved PSD 

program does not yet meet requirements of the most recent federal PSD rules (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 PSD regulations provide for notice to most of the parties consistent 

with the requirements in the EPA PSD program. There is, however, a flaw in Connecticut's SIPapproved PSD program regarding notice to other states. Compare CAA § 126(a)(1) and 40 CFR 

51 .166(q)(2)(iv) (requiring notice to, among others, "any State . . . or Indian Governing body 

whose lands may be affected by emissions from the source or modification") with RCSA 22a174-2a(b)(6) (specifically excluding other states from the list of parties to receive copies of draft 

PSD permits) . 

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 states 
13 

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 EPA committing to submit the adopted provision to EPA by a date that is no later 

than one year from conditional approval of Connecticut's PM2.5 infrastructure submissions. Also, 

the State also has no pending obligations under section 115 or 126(b) of the Act. 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 of federal or state law from carrying 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 of any SIP provision, the state 

has responsibility for ensuring adequate implementation of such SIP provision. 

CT DEEP's response to this requirement: The state listed the following provisions to meet 

this element: 

CGS Section 22a-171 . Duties of Commissioner of Environmental Protection. "The 

commissioner shall (1) initiate and supervise programs for the purposes of determining the 

causes, effect and hazards of air pollution; (2) initiate and supervise state-wide programs of air 

pollution control education; (3) cooperate with and receive money from the federal government 

and, with the approval of the Governor, from any 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 of this chapter and section 14-164c; (5) advise and consult 

with agencies of the United States, agencies of the state, political subdivisions and industries and 

any other affected groups in furtherance of the purposes of this 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 conjunction with federal assistance, to maintain the projected state 

funding levels ." 

CT DEEP also 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 . 

EPA analysis : 

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 along with required state 

matching funds to provide funding necessary to carry out Connecticut's SIP requirements . 
14 

Therefore, EPA proposes 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 a board 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 of section 128 of the CAA. 

Congress added section 128 in the 1977 amendments as the result of a 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 of their income from persons subject to permits or enforcement orders under [this Act], 

and (2) Any potential conflicts of interest by members of such board or body or the head of an 

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, and where 

instead a single head of an agency approves permits or enforcement orders under the CAA. 

Third, subsection 128(a)(2), which requires that SIPs contain adequate provisions for disclosure 

of potential conflicts of interest, applies to all states, regardless of whether the 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 of subsection 128(a)(1). However, Connecticut is subject to the 

requirements of section 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 EPA committing to address this issue by a date no later than 

one year from conditional 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 of the SIP to any local government, agency, or other instrumentality . 

Connecticut's 110(a) SIPs, therefore, meet the requirements for this element. 

6. Section 110(a)(2)(F) : Stationary source monitoring system 

This requires states to establish a system to monitor emissions from stationary 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 of any statute, regulation, order or permit administered, adopted or issued by him and 

the owner, managing agent or occupant of any such property shall permit such entry . . ." 

CGS Section 22a-174(c). Various powers of the commissioner related to permitting, inspections, 

and recordkeeping. 

RCSA section 22a-174-4. Source monitoring, record keeping and reporting. Paragraph (d)(1) 

states : "The commissioner may, by written notice, require the owner or operator of any 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 of the 

Connecticut General Statutes and regulations promulgated there under. Such information shall 

be recorded, compiled and submitted on forms furnished or prescribed by the commissioner. 

The written notice shall provide the date by which such data, records or reports shall be 

submitted to the commissioner." 

RCSA section 22a-174-5. Methods for sampling, emission testing, sample analysis, and 

reporting. 

(e)(1) states that "The owner or operator of a stationary source of air pollution with maximum 

uncontrolled emissions of any particular air pollutant greater than one hundred (100) tons per 

year shall be required to carry out emission tests as prescribed by the Commissioner. Such test or 

tests shall be conducted at such intervals as the Commissioner may specify for an individual 

stationary source ." Subsection (e)(2) states "In addition to the emission tests required in 

subdivision 22a-174-5(e)(1), the commissioner may require the owner or operator of any 

stationary source to conduct emission tests of emissions." 

RCSA section 22a-174-10. Public availability of information. Paragraph (a) states : Any 

records, reports or other information obtained by the Commissioner or on file with the 

department shall, pursuant to the provisions of sections 1-7 through 20 of the General Statutes, as 

amended, be made available to the public . 

EPA analysis : EPA has reviewed the above laws and regulations and has determined that CT 

DEEP's submittals meet the requirements of CAA Section 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 and 
16 

substantial endangerment to public health, including contingency plans to implement the 

emergency episode provisions in their SIPs. 

CT DEEP's response to this requirement: The state 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 . 

RCSA section 22a-174-6. Air pollution emergency episode procedures . 

This section describes the existing emergency episode procedures in place, which are consistent 

with the significant harm levels as indicated in 40 CFR Part 51 .151 . 

EPA analysis : 

For PMZ,5, EPA's guidance dated September 25, 2009 provides clarification that states that have 

air quality control regions identified as either Priority I, Priority IA or Priority II by the 

"Prevention of Air Pollution Emergency Episodes" rules at 40 CFR 5 1 .150 must develop 

emergency episode contingency plans. The guidance recommends that until EPA establishes 

significant harm levels (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 B of the 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/m3 since 2006. A state 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 2008 and September 2009 submittals 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 for the past three years are 

below the 140.5 Pg/m3 threshold. Connecticut has, therefore, met the requirements of CAA 

Section 11 0(a)(2)(G) for both the 1997 and 2006 standards . 

8. Section 110(a)(2)(H) : Future SIP revisions 

This requires states to have the authority to revise their SIN in 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 of the 110 SIPs : 
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." 

CGS section 22a-174(d). The Commissioner is authorized with all incidental 

powers necessary to control and prohibit air pollution. 

EPA analysis : Connecticut's submittals for both the 1997 and 2006 PM2,5 standards certify that 

the SIP may be revised should EPA find 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 CAA Section 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 

PSD and visibility protection 

Section 110(a)(2)(J) requires states to provide a process 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 of any 

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 C related to 

prevention of significant deterioration and visibility protection. EPA interprets this section 110 

provision on visibility as not being "triggered" by a new NAAQS because the visibility 

requirements in part C are 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: 

CGS Section 22a-171. Duties of Commissioner of Environmental Protection. "(5) advise and 

consult with agencies of the United States, agencies of the state, political subdivisions and 

industries and any other affected groups in furtherance of the purposes of this 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-170 through 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 of air pollution control education;" 

CGS Section 22a-174(d). "The commissioner shall have all incidental powers to carry out the 

purposes of [Chapter 446c, entitled "Air Pollution Control," which encompasses Conn. Gen. 

Stat. Sections 22a-170 through 22a-206] . . . 

RCSA section 22a-174-3a(k). Permit Requirements for Attainment Areas: Prevention of 

Significant Deterioration of Air Quality (PSD) Program. This section addresses the prevention 

of significant deterioration of air quality and visibility protection. 

EPA analysis : 

EPA finds that Connecticut's 110(a) submittals meets the requirements of CAA Section 

110(a)(2)(J) for consultation with government officials. 

CT DEEP is one of the 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 

CAA Section 110(a)(2)(J) for public notification . 

Regarding the requirement in section 110(a)(2)(J) that the SIP meet the applicable requirements 

of part C of title I of the CAA, EPA has evaluated this requirement in the context of section 

110(a)(2)(C) with respect to permitting (see discussion under (3) of this TSD). 

The Connecticut PSD program is established in RCSA section 22a-174-3a (k). This PSD 

program was approved into the SIP on May 10, 2011 (76 FR 26933) . Connecticut has authority 

to issue PSD permits and enforce them under its approved PSD SIP. EPA recently approved 

changes to Connecticut's PSD program on May 10, 2011, to reflect changes in the federal PSD 

program related to the permitting of greenhouse gas emission (76 FR 26933) . This PSD program 

takes advantage of the Tailoring Rule thresholds for PSD applicability. 

However, as discussed under (3) and (4) above, Connecticut's EPA-approved PSD program does 

not yet meet requirements of the two major source PM2,5 PSD rules, 73 FR 28321 and 75 FR 

64864. Therefore, we are proposing to conditionally approve the state's 110(a) submittals for the 

portion of Section 110(a)(2)(J) that relates to PSD. 

With regard to the applicable requirements for visibility protection, EPA recognizes that states 

are subject to visibility and regional haze program requirements under part C of the CAA. In the 

event of the establishment of a new NAAQS, however, the visibility and regional haze program 

requirements under part C do 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 SIP to EPA on November 18, 2009, February, 24, 2012 

and March 12, 2012. On March 26, 2012, EPA published a proposal to approve Connecticut's 

Regional Haze SIP for the first planning period from 2008 through 2018 . (See 77 FR 17367.) 

As a result of the above analysis, EPA is proposing to approve Connecticut's 110(a) submittals 

as meeting the requirements of CAA Section 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 of emissions from any NAAQS pollutant and submission of such data to EPA upon 

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 NSR Rule: With respect to its NSR permit program, Connecticut will begin 

implementing 40 CFR 51 Appendix S for PM2.5 as of July 15, 2008 in Fairfield and New Haven 

counties . 

In SIP for 2006 PM2 .5 NAAQS, CT DEEP added following: 

. . . . New Haven counties and the transitional PSD program for PM2.5, which is set out in an 

interim policy available at the following link : 

http://www.ct.gov/dep/lib/dep/air/compliance monitorin modeling/pm 2 5 modeling procedu 

res.pdf 

EPA analysis: EPA previously 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 CAA Section 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 of the state's Title V operating 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 of chapter 54 require the payment of a fee sufficient to cover . . . the 

reasonable cost of reviewing and acting upon an application for and monitoring compliance with 

the terms and conditions of any 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 of chapter 54, the payment of a 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 of its regulations implementing the 

operating permit program as provided in 40 CFR part 70 . 

RCSA section 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 of the Regulations of Connecticut State Agencies shall pay a permit fee as prescribed in 

the fee schedule in subdivision (2) of this subsection ." The fee schedule is set forth in Table 26-

1 of subsection 2. 

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

section 22a-174-26. (Approved as satisfying 40 CFR 70.6(a)(7) . See 67 FR 31966 (May 13, 

2002)) . 

EPA analysis : 

Permitting fees that cover the costs of reviewing and acting upon any application for a 

permit are required by Connecticut's SIP approved Title V program in its regulation 22a-174-26. 

This meets the requirements of 110(a)(2)(L)(i). 

The permitting fees in Connecticut's Title V program also cover the reasonable costs of 

implementing and enforcing the terms and conditions of such 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 and participation 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: 

CGS Section 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 ." 

EPA analysis : 

Based upon EPA's review of the 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 Recommended Agency Action 

EPA's analysis of Connecticut'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 of these 

elements. 

However, one or both of the submittals do not meet all requirements of section 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 PSD program. We recommend that a rulemaking be prepared proposing 

conditional approval of these elements. 

EPA is proposing to approve the submittals from Connecticut 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 from Connecticut 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 PSD program. 
Appendix 

EPA-Approved Connecticut Air Quality Regulations 

for PM2,5 and Other Air Pollutants 

State Citation Title / Subject State Effective EPA Approval 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 from the State Regulation . 

See Electronic Docket Number 

EPA-1101 -OAR-2010-0996 at 

www-reaulations .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 of 
Connecticut 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-110 1-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 of January 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 Season 
Trading 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 new requirements 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 0 1 /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 provisions 
220K) 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 .qovJ