Connecticut Department of 

### ENERGY 

## & ENVIRONMENTAL 

## PROTECTION

Mr. George Czerniak, Acting Air Director US EPA Region 5 - Great Lakes 77 West Jackson Boulevard Chicago, IL 60604-3507

DearMr. Czerniak, March 7, 2012

The Connecticut Department ofEnergy & Environmental Protection appreciates the opportunity to offer comments onthe Indiana Infrastructure Under CleanAirActSections 11O(a)(l) and (a)(2) State Implementation Plan Submittal (Infrastructure SIP), submitted by the Indiana Department ofEnvironmental Management (IDEM). These comments recognize our mutually shared goal ofimproving air quality to benefit and protect public health and enhance the quality oflife ofthe citizens in our respective states. The "good neighbor" provisions ofthe federal CleanAirAct (CAA) are established to ensure that air pollution from one state does not unreasonably interfere with the efforts ofdownwind states to meettheir CAAresponsibilities. As such, IDEM is required to propose, and the United States Environmental Protection Agency (EPA) to approve, a revision to the Indiana Infrastructure SIP only ifit fully complies with the "goodneighbor" provisions set forth in§ 110(a)(2)(D) ofthe CAA. The "good neighbor" provisions ofthe CAA preclude any source or other type ofemissions activity within a state that contributes significantly to nonattainment in, or interfere with maintenance by, any other state with respect to the NAAQS. Inreviewing Indiana's Infrastructure SIP, we find no evidence that Indiana completed an analysis demonstrating that emissions originating from within Indiana do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state withrespect to the 2008 ozone NAAQS in any downwind state, including Connecticut.
Connecticut's ozone problem is predominantly caused by sources located in states upwind from Connecticut. EPA's modeling indicates that Connecticut can be subjectto upwind transport that makes up more than 90% oftotalprojected ozone impacts inthe 2012 base case
. 1 EPA's analysis shows that emissions from Indiana consistently contribute levels of 1.5 ppb ozone to Connecticut. EPA defines "significant contribution" as modeled contributions of 1% or greater of

1 See EPA's Technical Information Webpage for the Transport Rule at www.epa.gov/airquality/transport/ tech.html.

79 Elm Street • Hartford, CT 061 06-51 27 www.ct

.gov /deep Affirmative Action/Equal Opportunity EmployerMr. George Czerniak March 7, 2012 Page 2

a NAAQS level to any downwind state with nonattainment ormaintenance issues. Until such time that Connecticut achieves and canpermanently maintain air quality at orbelow the level set forth inthe 2008 ozone NAAQS (or subsequent revisions thereto), Indiana exceeds lawful levels ofinterstate air pollution.
Itis incumbent upon Indiana to identify and implement necessary and appropriate control measures in orderto comply with CAA §11O(a)(2)(D). As such, EPA is legally precluded from approving IDEM's proposed SIP revision unless it enumerates how Indiana will reduce its impact to below 1% ofthe 2008 ozone NAAQS within Connecticut and every other downwind state impacted at that level by emissions originating from within Indiana. Furthermore, Indiana cannot rely on emissionreductions inthe Infrastructure SIP for the 2008 NAAQS attributable to either the Clean Air Interstate Rule (CAIR) or the Cross State Air Pollution Rule (CSAPR). CSAPR is being challenged in federal court by a number ofstates and implementation ofthis rule is currently stayed. CAIR and CSAPR were adopted to address interstate transport related to the 1997 ozone standard, set at 84 parts perbillion (ppb); these rules were not designed, and resultantly are inadequate, to address interstate air pollutanttransport under the 2008 ozone NAAQS standard of75 ppb.
Connecticut is penalized by geography and meteorology, thus we rely on timely reductions of transported air pollutionto receive the health benefits provided by the CAA. Upwind activities preclude Connecticut from attaining the 2008 ozone NAAQS, despite Connecticut's best efforts to reduce in-state ozone precursor emissions from many sources to levels beyond federal requirements. The costs for implementingthese programs far exceed EPA's cost estimates for both CAIR and CSAPR for electric generating unit controls. Connecticuthas waited far too long for this inequity to be addressed, and is requesting that Indiana, a state contributing to our air quality transport problems, take action to institute control measures that will result in clean air for the citizens ofIndiana, Connecticut, and others. Thank you for the opportunity to present Connecticut's views on IDEM' s Infrastructure SIP.

Sincerely,

## ~ 

# /;Jh·_ Anne Gobin Chief Bureau ofAir Management

cc: Keith Baugues, Assistant Commissioner, Office ofAir Quality, IDEM David Conroy, Region 1Air Program Manager, EPA Region 1