# State of Connecticut

Department of Environmental Protection

Adequacy Determination of the Connecticut State Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and (2) for the 8-Hour Ozone National Ambient Air Quality Standard

Program

Infrastructure

December 27, 2007

### Adequacy Determination of the Connecticut State Implementation Plan with Regard to Clean Air ActSection 110(a)(1) and (2) for the 8-Hour Ozone National AmbientAir Quality Standard

Program

Infrastructure The purpose ofthis document is to provide the U .S. Environmental Protection Agency (EPA) with a determination that Connecticut's State Implementation Plan (SIP) for air quality adequately meets the Clean AirAct (CAA) infrastructure requirements of Section 110(a)(1) and (2) . This submission was requested in an October 2, 2007 guidance memo from William Harnett, Director of EPA's Air Quality Policy Division. As discussed in the guidance memo, onJuly 18, 1997, EPApromulgated new and revised national ambient airquality standards (NAAQS) for ozone and particulate matter (PM) . For ozone, EPArevised the NAAQS to provide an 8-hour averaging period (versus a 1-hour averaging period for the pre-existing NAAQS) andset the level ofthe standard at 0 .08ppm (versus 0 .12 ppm for the pre-existing NAAQS) . For PM, EPApromulgated a new 24-hour and a new annual NAAQS for PM2 .5 (particles with an aerodynamic diameter less than or equal to a nominal 2

.5 micrometers) . Pursuant to CAASection 110(a)(1) and (2), all States are required to submit plans to provide for the implementation, maintenance and enforcement ofthe 8-hour ozone and PM2

.5 NAAQS, including such basic SIPrequirements as emissions inventories, monitoring and modeling to assure attainment and maintenance ofthe standards. By statute, SINmeeting the requirements of Section 110(a)(1) and (2) are to be submitted by States within three years after promulgation ofa new or revised standard. This being the case, States were required to submit such SIPs for the 1997 standards to EPAno later than July 2000 . However, intervening litigation over the 1997 8-hour ozone and PM2 .5 NAAQS created uncertainty about how to proceed and, to date, EPA has not explicitly approved submitted SINas meeting the basic or infrastructure requirements enumerated in CAASection 110(a)(1) and (2) . In March of 2004, EarthJustice initiated a lawsuit against EPAfor failure to take action against States that had not made SIP submissions to meet the requirements of Section 110(a)(1) and (2), i.e., failure to make a "finding of failure to submit ." On March . 10, 2005, EPAentered into a consent decree with EarthJustice that obligated EPAto determine whether States have made SIP submissions required to meet CAASection 110(a)(2)(D)(i) relating to interstate transport by no later than March 15, 2005. Theconsent decree also obligated EPAto make a determination whether States have made submissions necessary to meet the remaining Section 110(a)(1) and (2) requirements by December 15, 2007, for the 8-hour ozone NAAQS, and by April 4, 2008, for the PM2 .5 NAAQS. (In a December 14, 2007 ruling by the U .S. District Court (D

.C . Circuit), the December 15, 2007 deadline was extended to January 7, 2008.) To the extent that existing SIN for ozone and PM

already meet these requirements, States need only informEPA . The Connecticut Department of Environmental Protection (CTDEP) is submitting this document to informEPAthat the original submission of Connecticut's SIPon March 3, 1972 and numerous subsequent SIPrevisions, one ofwhich is pending final submission by CTDEPand one of which is now

pending final approval by EPA, adequately fulfill the fourteen required Section 110(a)(1) and (2) elements. With CTDEP's submission, of Connecticut's final 8-hourozone attainment demonstration, Connecticut will fully satisfy all ofthe 8-hour ozone

infrastructure elements. Theattached table sets out in detail those SIPelements andunderlying statutory and regulatory authorities that satisfy each of the fourteen required infrastructure elements. See 40CFR52, Subpart H, for EPA's identification of Connecticut's SIP submissions to date and those regulations included therein. Of note amongthe pending SIP revisions mentioned above is the SIPrevision addressing the interstate air pollution transport requirements of CAASection 110(a)(2)(D)(i), which CTDEP submitted to EPAon March 13, 2007 and for which EPAproposed approval of on November 5, 2007 (72 FR62420) . CTDEPconsiders that submission necessary to complete its infrastructure for 8-hour ozone. In addition, CTDEPhas proposed its 8-hour ozone attainment demonstration. See http://www

.ct. ov/dep/cwp/view

.asp?a=2684&q=385886. CTDEP's submission of the final 8-hour ozone attainment demonstration will complete Connecticut's 8-hour ozone infrastructure elements as required by CAASection 110(a)(1) and (2) .