Connecticut Department of

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



### April 22, 2014

David B. Conroy, Chief Air Programs Branch United States Environmental Protection Agency - Region 1 5 Post Office Square - Suite 100 Boston, MA 02109-3912

Revision to the Connecticut State Implementation Regarding Connecticut’s Ambient Air Quality Standards



### Dear Mr. Conroy:

This package is a revision to the State Implementation Plan (SIP) concerning updates to Connecticut’s ambient air quality standards. Pursuant to 40 CFR 51, Appendix V, Section 2.1 (a) a copy of the final regulation and documentation of the public hearing are provided. EPA requested this action as an infrastructure element for all the National Ambient Air Quality Standards (NAAQS).

DEEP completed the adoption of the revisions to section 22a-174-24 of the Regulations of Connecticut State Agencies (RCSA) on April 15, 2014. The Connecticut ambient air quality standards set out in RCSA section 22a- 174-24 were amended to be consistent with the NAAQS set out in the Code of Federal Regulations (CFR) at 40 CFR 50. Effective the same date, DEEPrevised the definitions of"ambient air quality standard" and "PM 10" in RCSA sections 22a174-1(10) and 22a-174-1(88), respectively, and revised references to RCSA section 22a-174-24 in RCSA sections 22a-174-3a(k)(5) and 22a-174-28(a)(5). All of these revisions are elements of this SIP revision and are included in Attachment A.

All required state and federal procedures for public participation were followed, including satisfaction of the requirements of 40CFR 51, Appendix V, Section 2. To demonstrate satisfaction of the federal public participation requirements, we have enclosed a certified copy of the regulatory revisions; the public notice; a list of attendees at the public hearing; certification of public hearing; and a hearing report, which summarizes comments received, identifies the commenters and describes changes made as a result of the comments. DEEP has the necessary legal authority to adopt and implement such requirements.

The following attachments are included with this letter:

Attachment A Revisions to RCSA sections 22a-174-24, 22a-174-1(10), 22a-174-1(88), 22a174-3a(k)(5) and 22a-174-28(a)(5), effective on April 15, 2014, in the form filed with the Secretary of the State, marked with brackets and underlined text to show the changes to the current SIP requirements.Page 2

David B. Conroy April 22, 2014



### Attachment B Publicnotice as published in the Connecticut Law Journal and on the DEEP

website on August 29, 2013.

Attachment C Attendees at the public hearing on October 9, 2013, DEEP Headquarters, 79

Elm Street, Hartford, CT~

 ̄

,, 

### Attachment D ’ Certification of public hearing.

Attachment E Hearing report.

Attachment F The Legislative Commissioners’ Office report.

An electroNc copy of this submission has also been mailed to the copy recipients listed below. I certify that such copy is an exact copy of this paper submission.

If you require additional information or have any questions about this submission, please contact Daniel Vesa of the Bureau of Air Management at (860) 424-3282 or daniel.vesa@ct.gov.

Sincerely,

Anne R. Gobin Chief, Bureau of Air Management

Anne Arnold, EPA Region 1 Alison Simcox, EPA Region 1Attachment A

Revisions to RCSA s ections 22a

- 174

- 24, 22a

- 174

- 1(10), 22a

- 174

- 1(88), 22a

- 174

- 3a(k)(5) and 22a

- 174

- 28(a)(5), effective on April 15, 201 4, in the form filed with the Secretary of the State, marked with brackets and underlined text to show the changes to the current SIP requirements.REGS-1 Rev. 09/2013 Page 1 of 9



### State of Connecticut 

### REGULATION of the

NAME OF AGENCY: 

### Energy and Environmental Protection Concerning
SUBJECT MATTER OF REGULATION: 

### Amendment of Sections 22a-174-24, 22a-174-1(10), 22a-174-1(88), 22a-174-

3a(k)(5) and 22a-174-28(a)(5) of the Regulations of Connecticut State Agencies

Section 1. Subdivision (10) of section 22a-174-1 of the Regulations of Connecticut State Agencies is revised as follows:

(10) "AAQS" or "[Ambient] ambient air quality standard" means any standard [which] that establishes the largest allowable concentration of a specific pollutant in the ambient air [of a region or subregion] as established by the [United States Environmental ProtectionAgency] Administrator in 40 CFR 50 or by the commissioner [and which is listed] in section 22a-174-24 of the Regulations of Connecticut State Agencies ̄

Sec 2. Subdivision (88) of section 22a-174-1 of the Regulations of Connecticut State Agencies is revised as follows:

(88) "PM 10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method set forth in 40 CFR 50, Appendix [M] J, and designated as a reference method in accordance with 40 CFR 53 or by an equivalent method approved by the Administrator in accordance with 40 CFR 53.

Sec. 3. Subdivision (5) of section 22a-174-3a(k) of the Regulations of Connecticut State Agencies is revised as follows:

Ambient Monitoring

(A) 

### The permit application shall contain an analysis of the effect on ambleN&~.4 quality in the ~ea of the subject source or modlficatzon, of the followlgN,~2 pollutants:

(i) those that have allowable emissions in excess of the amount lis~;~ T~le 3a(k)-I of tNs subsection, orPage 2 of 9



### (ii) those [listed in section 22a-174-24 of the Regulations of Connecticut State Agencies,] for which an ambient air quality standard exists;

(B) 

### For any pollutant listed in Table 3a(k)-1 of this subsection for which [a National Ambient Air Quality Standard] an AAQS does not exist, the analysis shall contain such air quality monitoring data as the commissioner determines is necessary to assess ambient air quality for that pollutant in any area that such pollutant may affect;



## (0 For any pollutant [(other than nonmethane hydrocarbons)] for which [a National Ambient Air Quality Standard] an AAQS exists, the analysis shall contain [continuous] air quality monitoring data approved by the commissioner and gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of such standard or a Prevention of Significant Deterioration increment listed in Table 3a(k)-2 of this subsection;

(D) 

### The [continuous] air quality monitoring data that is required by subparagraphs (B) and (C) of this subdivision shall have been gathered over a period of one (1) year and shall represent the year preceding receipt of the application, unless the commissioner determines in writing that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year, but not to be less than four (4) months;


## (E) The owner or operator shall, after construction of the subject source or modification, conduct such ambient monitoring as the commissioner determines is necessary to determine the effect which the emissions from such source or modification may have, or are having, on air quality in any area. In addition, the owner or operator shall submit the results of such ambient monitoring to the commissioner within thirty (30) days of data collection; and


## (F) The owner or operator shall meet the requirements of 40 CFR 58, Appendix [B] A during the operation of monitoring.

Sec. 4. Section 22a-174-24 of the Regulations of Connecticut State Agencies is revised as follows:

Sec. 22a-174-24. Connecticut primary and secondary ambient air quail ,ty standards



### (a) [Definitions.Page 3 of 9



### (1) "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

(2) "Reference method" means a method of sampling and analyzing for an air pollutant, as described in Title 40 Code of Federal Regulations part 50, as from time to time may be amended.

(3) "Equivalent method" means any method of sampling and analyzing for an air pollutant that has been designated in accordance with Title 40 of Federal Regulations part 53, as from time to time may be amended.

(4) "Acceptable method" means a reference method, an equivalent method, or any other method determined by the Commissioner.] Reserved.

(b) The concentration of pollutants in the ambient air, as measured by [an acceptable method] a reference or equivalent method designated in 40 CFR 50 or 40 CFR 53, shall conform with levels specified [below] in this section as the applicable air quality standards for these [substances] air pollutants throughout Connecticut. No person shall operate [a] any stationary source, which has a significant impact on air quality [listed in Table 3a(i)-I set forth] as described in section 22a-174-3a(i)(1) of the Regulations of Connecticut State Agencies for the pollutants listed in Table 3a(i)-I of section 22a-174-3a of the Regulations of Connecticut State Agencies, in such a manner as to cause or contribute to a violation of an ambient air quality standard [listed in Section 22a-174-24].

(c) [Reference conditions. All measurements of air quality are corrected to a reference temperature of twenty (20) degrees C. and to a reference pressure of 760 millimeters of mercury (1,013.2 millibars or 29.92 inches of mercury).] Reserved.Page 4 of 9



### (d) Connecticut primary and secondary ambient air quality standards for sulfur oxides (sulfur dioxide).

(j_) The level of the Connecticut primary 1-hour ambient air quality [standards] standard for sulfur oxides, measured as sulfur dioxide, [are:

(1) 80 micrograms per cubic meter (0.03 ppm) -- annual arithmetic mean.

(2) 365 micrograms per cubic meter (0.14 ppm) -- maximum 24-hour concentration not to be exceeded more than once per year.] is 75 parts per billion, as set out in 40 CFR 50.17.

~ The level of the Connecticut primary 24-hour ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.14 parts per million, as set out in 40 CFR 50.4.

3(_~) The level of the Connecticut primary annual ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.030 parts per million, as set out in 40 CFR 50.4.

4_(_4_) The level of the Connecticut secondary 3-hour ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.5 parts per million, as set out in 40 CFR 50.5.

(e) [Connecticut secondary ambient air quality standards for sulfur oxides (sulfur dioxide). The Connecticut secondary ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is:

(1) 1,300 micrograms per cubic meter (0.5 ppm) -- maximum 3-hour concentration not to be exceeded more than once per year.

(2) 260 micrograms per cubic meter (0.1 ppm) -- maximum 24-hour concentration not to be exceeded more than once per year.

(3) 1,300 micrograms per cubic meter (0.5 ppm) -- maximum 3-hour concentration not to be exceeded more than once per year.]

Connecticut primary, and secondary ambient air quality standards for PM 10.

The level of the Connecticut primary and secondalW 24-hour ambient air quality standards for particulate matter, measured as PM_10, is 150 micrograms per cubic meter, as set out in 40 CFR 50.6.Page ,5 of 9

(f) Connecticut primary and secondary ambient air quality standards for PM 2.5 (fine particulate, matter).



### (1) [The level of the Connecticut primary 24-hour ambient air quality standard for particulate matter, measured as PM10, is 150 micrograms per cubic meter (ug/m3), 24-hour average concentration. The standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 (ug/m3), as determined in accordance with Appendix K of Title 40 Code of Federal Regulations Part 50 revised as of July 1, 1989, is equal to or less than one.] The level of the Connecticut primary annual ambient air quality standard for fine particulate matter, measured as PM_2.5, is 12.0 micrograms per cubic meter, as set out in 40 CFR 50.18.

(2) [The level of the Connecticut primary annual standard for particulate matter, measured as PM10, is 50 micrograms per cubic meter (ug/m3), annual arithmetic mean. The standard is attained when the expected annual arithmetic mean concentration, as determined in accordance with Appendix K of Title 40 Code of Federal Regulations Part 50 revised as of July 1, 1989, is equal to or less than 50 (ug/m3).] The level of the Connecticut secondary annual ambient air quality standard for fine particulate matter, measured as PM 2.5, is 15.0 micrograms per cubic meter, as set out in 40 CFR 50.13.

~ The level of the Connecticut primary and secondary_ 24-hour ambient air quality standards for fine particulate matter, measured as PM 2.5, is 35 micrograms per cubic meter, as set out in 40 CFR 50.18 and 40 CFR 50.13, respectively.

(g) [Connecticut secondary ambient air quality standards for particulate matter



### (1) The level of the Connecticut secondary 24-hour ambient air quality standard for particulate matter, measured as PM10, is 150 micrograms per cubic meter (ug/m3), 24-hour average concentration. The standard is attained when the expected number of days per calendar year with a 24- hour average concentration above 150 (ug/m3), as determined in accordance with Appendix K of Title 40 Code of Federal Regulations Part 50 revised as of July 1, 1989, is equal to or less than one.

(2) The level of the Connecticut secondary annual standard for particulate matter, measured as PM10, is 50 micrograms per cubic meter (ug/m3), annual arithmetic mean. The standard is attained when the expected annual arithmetic mean concentration, as determined in accordance with Appendix K of Title 40 Code of Federal Regulations Part 50 revised as of July 1, 1989, is equal to or less than 50 (ug/m3).] Reserved.Page 6 of 9



### (h) Connecticut primary [and secondary] ambient air quality standards for carbon monoxide. [The Connecticut primary and secondary ambient air quality standards for carbon monoxide, are:] The levels of the Connecticut primary ambient air quality standards for carbon monoxide, as set out in 40 CFR 50.8, are as follows:

(1) [ 10 milligrams per cubic meter (9 ppm) -- maximum 8-hour concentration not to be exceeded more than once per year.] 9 parts per million for an 8-hour average concentration; and

(2) [40 milligrams per cubic meter (35 ppm) -- maximum 1- hour concentration not to be exceeded more than once per year.] 35 parts per million for a 1-hour average concentration.

(i) Connecticut primary and secondary ambient air quality standards for ozone.

[(1) Connecticut 8-hour primary and secondary ambient air quality standards
for ozone.


## (A) The level of the Connecticut 8-hour primary and secondary ambient air quality standards for ozone is 0.08 parts per million, daily maximum 8-hour average, measured by a reference method based on 40 CFR 50, Appendix D.



### (B) The Connecticut 8-hour primary and secondary ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 parts per million, as determined in accordance with 40 CFR 50, Appendix I.


## (2) Connecticut 1-hour primary and secondary ambient air quality standards for ozone.


## (A) The level of the Connecticut 1-hour primary and secondary ambient air quality standards for ozone is 0.12 parts per million (235 ~tg/m3), measured by a reference method based on 40 CFR 50, Appendix D.

(B) The Connecticut 1-hour primary and secondary ambient air quality standards are met when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 parts per million is equal to or less than one day, as determined by 40 CFR 50, Appendix H.]

_(!) The level of the Connecticut 8-hour primary and secondary ambient air quality standards for ozone, measured by a reference method based on Appendix D of CFR 50.10 and designated in accordance with 40 CFR 53, is 0.08 parts per million, as set out in 40 CFR 50.10.Page 7 of 9



### 2_(2) The level of the Connecticut 8-hour primary and secondary ambient air quality standards for ozone is 0.075 parts per million, daily maximum 8-hr average, as set out in 40 CFR 50.15.

(j) [Connecticut primary and secondary ambient air quality standards for hydrocarbons. The hydrocarbons standard is for use as a guide in achieving oxidant standards. The Connecticut primary and secondary ambient air quality standard for hydrocarbons is: 160 micrograms per cubic meter (0.24 ppm) -- maximum 3-hour concentration (6 am to 9 am) not to be exceeded more than once per year.] Reserved.



### (k) Connecticut primary and secondary ambient air quality standards for [nitrogen dioxide] oxides of nitrogen (nitrogen dioxide). [The Connecticut primary and secondary ambient air quality, standard for nitrogen dioxide, is: 100 micrograms per cubic meter (0.05 ppm) -- annual arithmetic mean.]

1(!) The level of the Connecticut primary and seconda~ annual ambient air quality standard for oxides of nitrogen, measured as nitrogen dioxide, is 53 parts per billion, as set out in 40 CFR 50.11.

2(2) The level of the Connecticut primary 1-hour ambient air quality standard for oxides of nitrogen, measured as nitrogen dioxide, is 100 parts per billion, as set out in 40 CFR 50.11.

(/) Connecticut primary and secondary ambient air quality standards for lead.

The Connecticut primary and secondary ambient air quality [standard] standards for lead and its compounds[, measured as elemental lead is: 1.5 micrograms per cubic meter, maximum arithmetic mean averaged over three consecutive calendar months.] are 0.15 micrograms per cubic meter, as set out in 40 CFR 50.16.

(m) Connecticut primary ambient air quality standard for dioxin. The Connecticut primary ambient air quality standard for dioxin is 1.0 picograms per cubic meter annual average. For the purposes of determining compliance with this standard the commissioner may use a concentration of 7.0 picograms per cubic meter 8-hour average. [Within three years of the effective date of this subsection, the commissioner shall refer this standard for review and comment by the hazardous air pollutant advisory panel.]



### Sec. 5. Section 22a-174-28(a)(5) of the Regulations of Connecticut State Agencies is revised as follows:

(5) "Control period" means the period from November 1 to the last day of February for the Central Control Area and the Southwestern Control Area if a violation of the ambient air qualityPage 8 of 9



### standard for carbon monoxide, [as listed in subsection 22a- 174-24(h) of the Regulations of Connecticut State Agencies] as determined in accordance with the procedures specified in [Title 40 Code of Federal Regulations Part 50] 40 CFR 50, occurs within such Control Area after November 1, 1998. If such violation occurs between December 1 and September 1, the Control Period for the Control Area in which such violation occurred begins the following November. If such violation occurs between September 1 and December 1, the Control Period for the Control Area in which such violation occurred begins sixty (60) days after such violation for the initial Control Period and begins November 1 for each succeeding year.

Statement of purpose:



### The purpose of this proposal is to update the Department’s ambient air quality standards as required by the U.S. Environmental Protection Agency (EPA). EPA has established ambient air quality standards for each of six criteria pollutants at levels necessary to protect public health with an adequate margin of safety. EPA reviews each standard on a five-year cycle and updates the standard if warranted by the latest science. As the Department has not revisited the Connecticut air quality standards in a number of years, many standards require a change in the level of the standard in Connecticut’s regulation.

The proposal also clarifies that the ambient air quality standards are relevant to emissions from stationary sources regardless of whether the source is subject to an individual air quality permit or not. As some of the sources without permits are old and high emitting, a prohibition on individual source emissions in relation to an ambient air quality standard is a useful enforcement tool, particularly as many of the newer ambient standards look at emissions over a short period of time, such as a day or an hour.

As the federal ambient air quality standards apply to Connecticut independently, Connecticut’s air is judged against the most current and strict federal standards. Thus, the legal effect of these changes is consistency between state and federal ambient air quality standards, which is an element required by EPA before EPA may fully approve Connecticut’s State Implementation Plan as sufficient for the regulation of recently adopted federal standards.REGS-1 Rev. 09t2013 Page 9 of 9

CERTIFICATION 

# Q) hereby certify that the above ~e~qulation(s).
istare (check all that apply) ~ adopted [~ amended r-] repea~ed by this agency pursuant to the following authority (ies): (complete all that apply) a. Connecticut General Statutes section(s) ~2a-174, 22a-198. b. Public Act Number(s) ~

And I further certify 2) that Notice of Intent to adopt, amend, or repeal said regulation(s) was electronically submitted to the Secretary of the State on 8/28!1_____~3,

and posted to the Secretary’s regulations website on 8129113; 3) and that a public hearing regarding the proposed regulation(s) was held on I019tt3 or ~ that no public hearing was held; 4) and that notice of Decision to Take Action on said regulations was electronically submitted to the Secretary of the State on, January 8,

2014._.__, and posted to the Secretary’s regulations website on

5} and that said regulation(s) is/are EFFECTIVE

[~ When posted online by the Secretary of the State. 

### oR on 6) SIGNED (Head of Board,; A~ency or ~TtsT) " ’i/~/i~ ~/~’~~ OFFICIAL TITLE. ~ ~1 ~~~/’~ DUL, AUTHORIZED DAT:/7~

~

APPROVED by the A.o~y G6n&ral a~O le~! sufficiency in acco~ance with CGS Section 4-169, as amended
DATE///~//~1t SIGNED’~~~mlo~A, ’ "~ G’~..jO~destgnated representative)~l~ OFFIC~L~G. ~?, ~[~LT~LE’ DULY AUTHORIZED

.... i,,,t f V Proposed regulations am DEEMED APPRO~@ ~y the A~omey General in a~ordance with CGS Section 4-169, as amended, if the A~omey General



# ~ ls to give notice to the agency of any lega~u~ciency within thi~ (30) days of the mceipt of the pmposed mgulation.

, ; (For Regulation Review Commi~ee Use ONL ~

F’-] DEEMED APPROVED, pursuant to CGS 4-170(c), as amended.

~ Rejected without Prejudice ~ Disapproved, pursuant to CGS 4-170(c), as amended,



# IS " ~ " Regulation Review Committee) By the Legislative Regulation Review DATE S_,_~’RegulationRev Committee in accordance with CGS Section ~t~!~.
~ ~-’~/~1 H-- 4-170, as amended

In accordance with CGS Section 4-172, as amended by PA 13.247 and PA 13-274, one certified paper copy and one electronic copy with...a.gency head certification statement received on the date(s) specified below. DATE SIGNED (Secretary of the State) BY

(For Secretary of the State Use ONLY) Date Posted to SOTS Regulations Website:

Date Electronic Copy Forwarded to the Commission on Official Legal Publications: SOTS file stamp:79 Elm Street • Hartford, CT 06106

- 5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Attachment B

Notice of Intent to Amend Several Section s of the Air Quality Regulations and Revise the State Implementation Plan for Air Quality

In accordance with the provisions of section 4

- 168(a) of the Connecticut General Statutes (CGS). the Commis sioner of the Department of Energy and Environmental Protection (DEEP) hereby gives notice that it proposes to amend the following sections of the air quality regulations under the authority of CGS sections 22a

- 6 and 22a

- 174 : 22a

- 174

- 1, 22a

- 174

- 3a, 22a

- 17 4

- 24 and 22a

174

- 28 of the Regulations of Connecticut State Agencies (RCSA). Upon adoption, the amended and adopted regulations will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP) for ai r quality.

Description. The purpose of this proposal is to update DEEP’s ambient air quality standards as required by EPA. The ambient air quality standards are set out in RCSA section 22a

- 174

- 24. Three other regulations are amended in this proposal as those three regulations refer to the ambient air quality standards of RCSA section 22a

- 174

- 24. EPA has established ambient air quality standards for each of six criteria pollutants at levels necessary to protect public health with an adequate margin of safety. EPA reviews each standard on a five

- year cycle and updates the standard if warranted by the latest science. As DEEP has not revisited the Connecticut air quality standards in a number of years, many standards in RCSA section 22a

- 174

- 24 require a change in the level of the standard.

The proposal also clarifies in RCSA section 22a

- 174

- 24 that the ambient air quality standards are relevant to emissions from stationary sources regardless of whether the source is subject to an individual air qualit y permit or not.

Written comments. All interested persons are invited to comment on the proposal. Comments should be submitted no later than October 10, 2013 to Daniel Vesa

, DEEP , Bureau of Air Management, Engineering and Enforcement, 79 Elm Street, H artford, Connecticut 06106

- 5127. Comments may be submitted by U

. S

. Mail or by electronic mail to Daniel.vesa@ct.gov

. Public hearing. In addition to accepting written comments, DEEP will also hold the public hear ing described below. Any person giving oral comment at the hearing will be asked to submit a written copy of such comments.

PUBLIC HEARING October 9, 2013 11 AM DEEP, 5th Floor, Holcombe Room 79 Elm Street, Hartford, CT

The proposal described above, a f iscal impact analysis, a small business impact analysis and a statement required by section 22a

- 6(h) of the Connecticut General Statutes (CGS) are available for public inspection during normal business hours from Daniel Vesa at the Bureau of Air Management , Engineering and Enforcement, 5th Floor, 79 Elm Street, Hartford, CT. The samedocuments are posted on DEEP's website

. For further information, contact Daniel Vesa of the Bur eau of Air Management at (860) 424

- 4152 or by electronic mail to daniel.vesa@ct.gov

. This notice is also required by EPA

, pursuant to 40 Code of Federal Regulations 51.102

, as a procedural requirement necessary t o a SIP revision.

DEEP is an Affirmative Action/Equal Opportunity Employer that is committed to complying with the requirements of the Americans with Disabilities Act. Any person with a disability who may need a communication aid or service may contact DEEP’s ADA Coordinator at 860

- 424

- 3194 or at deep.hrmed@ct.gov . Any person needing a hearing accommodation may call the State of Connecticut relay number

- 711. Any person with limited proficiency in English, who may need information in another language, may contact DEEP’s Title VI Coordinator at 860

- 424

- 3035 or at deep.aaoffice@ct.gov . ADA or Title VI discrimination complaints may be filed with DEEP’s EEO Manager at 860

- 424

- 3035 or at deep.aaoffice@ct.gov . Requests for accommodations must be made at least two weeks prior to any agency hearing, program or
event.

/s/ Daniel C. Esty Commissi oner

August 23, 2013Exhibit D

79 Elm Street • Hartford, CT 06106

- 5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Attachment C

Attended the Public Hearing

Robert Silvestri PSEG Power Connecticut LLC 1 Atlantic Street Bridgeport

, CT 0 66 0 4

Steve Guveyan Executive Director Connecticut Petroleum Council 44 Capitol Ave., Suite 103

- B Hartford, CT 06106

Shawn Kon a ry Director, Environmental

- East NRG Energy 211 Carnegie Center Princeton, NJ 08540

Department of Energy & Environmental Protection Wendy Jacobs Merrily Gere Dan iel Vesa

Submitted Comments

Anne Arnold Manager Air Quality Planning Unit USEPA Region 1 5 Pos t Office Square, Suite 100 Boston, MA 02109

- 3912Connecticut Department of

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



### Attachment D



### HEARING CERTIFICATION

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 51.102 that the following actions were taken regarding the proposed amendment or adoption of various sections of the air quality regulations:


## 1) The public hearing was held on October 9, 2013 as announced in the notice of hearing (Attachment A);

In accordance with the notice, materials were available for review at the Department of Energy and Environmental Protection and posted on the Department’s website;

Copies of the notice were mailed electronically to the directors of the air pollution control agencies in New York, New Jersey, Rhode Island and Massachusetts along with a copy to the Director of the Air Management Division of Region I of the U.S. Environmental Protection Agency; and


## 4) The notice of hearing was published on the websites of the Connecticut Secretary of the State and the Department of Energy and Environmental Protection beginning on August 29, 2013.

Date Daniel Vesa ~~~-~ Bureau of Air Management79 Elm Street • Hartford, CT 06106

- 5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Attachment E

HEARING REPORT

Prepared Pursuant to Section 4

- 168(d) of the Connecticut General Statutes and Section 22a

- 3a

- 3(d)(5) of the Department of Energy and Environmental Protection Rules of Practice

Regarding Amendment of Several Sections of the Air Quality Regulations and a Revis ion to the State Implementation Plan for Air Quality

Hearing Officer: Daniel Vesa

Date of Hearing: October 9, 2013

On August 29, 2013, under the authority of CGS sections 22a

- 6 and 22a

- 174

, the Commissioner of the De partment of Energy and Environmental Protection (DEEP) published on the Secretary of State website and on the DEEP website a notice of intent to amend the following sections of the air quality regulations : 22a

- 174

- 1, 22a

- 174

- 3a, 22a

- 174

- 24 and 22a

- 174

- 28 o f the Regulations of Connecticut State Agencies (RCSA). Upon adoption, the amended regulations will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP) for air quality. Pursuant to such notice , a public hearing was held on October 9, 201 3 , with the public comment period closing at the end of the day.

I. Hearing Report Content As required by section 4

- 168(d) of the Connecticut General Statutes (CGS), this report describes the proposal, identifies p rincipal reasons in support of and in opposition to the proposal, and summarizes and responds to all comments on the proposal.

The proposal is included as Attachment 2 to this report. Since there were no comments that recommended revisions to the propos al, the Attachment 2 is also the final revised version of the proposal

. A statement in satisfaction of CGS section 22a

- 6(h) is included as Attachment 1.

II. Summary of Proposal The purpose of this proposal is to update DEEP’s ambient air quality standards as r equired by EPA. The ambient air quality standards are set out in the Regulations of Connecticut State Agencies (RCSA) section 22a

- 174

- 24. Three other regulations are amended in this proposal as those three regulations refer to the ambient air quality stand ards of RCSA section 22a

- 174

- 24. These three other regulations are the following sections of the RCSA :

• Section 22a

- 174

- 1, subdivision (10) and subdivision (88) ;2

• Section 22a

- 174

- 3a(k)(5) ; and

• Section 22a

- 174

- 28(a)(5)

. EPA has established ambient air q uality standards for each of six criteria pollutants at levels necessary to protect public health with an adequate margin of safety. EPA reviews each standard on a five

- year cycle and updates the standard if warranted by the latest science. As DEEP has not revisited the Connecticut air quality standards in a number of years, many standards in RCSA section 22a

- 174

- 24 require a change in the level of the standard.

The proposal also clarifies in R CSA section 22a

- 174

- 24 that the ambient air quality standards a re relevant to emissions from stationary sources regardless of whether the source is subject to an individual air quality permit or not. As some of the sources without permits are old and high emitting, a prohibition on individual source emissions in relat ion to an ambient air quality standard is a useful enforcement tool, particularly as many of the newer ambient standards look at emissions over a short period of time, such as eight hours or one hour.

III. Opposition to the Proposal

No submitted comments oppose adoption of this proposal.

IV. Summary of Comments

No o ral comment w as given at the hearing

. One written comment w as received from the following person: Anne Arnold, Manager Air Quality Planning Unit United States Environmental Protection Agenc y Region I 5 Post Office Square Suite 100 Boston, Massachusetts 02109

- 3912

The comment submitted is summarized below with DEEP’s response.

Comment : The commenter supports the proposed amendments . T he proposed amendments are consistent with EPA’s Nati onal Ambient Air Quality Standards (NAAQS) set out in the Code of Federal Regulations (CFR) at 40CFR50. The commenter recommend s that the amendment to be submitted to EPA as a State Implementation Plan revision, once the proposal is adopted by the State.

R esponse : DEEP acknowledges the commenter’s support for the proposal. As stated in the notice of intent, DEEP intends to submit the revised requirements to the SIP.

V. Comments of Hearing Officer The hearing officer suggests adoption of the proposal as pro posed without any change

. No revisions are necessary.

VI. Conclusion3

Based upon the comments addressed in this Hearing Report, I recommend the proposal be adopted as recommend ed herein and that the recommended final proposal, included a s Attachment 2 t o this report, be submitted by the Commissioner for approval by the Attorney General and the Legislative Regulations Review Committee and upon adoption, be submitted to the EPA as a SIP revision.

/s/ Daniel Vesa_

__________ December 30 , 2013 Daniel Vesa, Hearing Officer D ateA TTACHMENT 1 S TATEMENT P URSUANT TO S ECTION 22 a - 6( h ) OF THE G ENERAL S TATUTES : F EDERAL S TANDARDS A NALYSIS

Pursuant to section 22a

- 6(h) of the Connecticut General Sta tutes (CGS) , the Commissioner of the Department of Energy and Environmental Protection (the Department) is authorized to adopt regulations pertaining to activities for which the federal government has adopted standards or procedures. At the time of public notice, the Commissioner must distinguish all provisions of a regulatory proposal that differ from federal standards or procedures. In addition, the Commissioner must provide an explanation for all such provisions in the regulation

- making record required under CGS Title 4, Chapter 54 and make such explanation publicly available at the time of the publication of the notice of intent required under CGS section 4

- 168.

The Department is proposing to revise the Regulations of Connecticut State Agencies (RCSA) to update Connecticut’s ambient air quality standards (AAQS) as required by the U.S. Environmental Protection Agency (EPA). The proposal includes revisions to RCSA sections 22a

- 174

- 1, 22a

- 174

- 3a(k), 22a

- 174

- 24 and 22a

- 174

- 28(a)(5). In summary, the chang es are consistent with the federal ambient air quality standards set out in 40 Code of Federal Regulations (CFR) 50.

More specifically, the proposed revisions are as follows:

• With regard to the proposed revisions to the definition of “ambient air qualit y standard” in RCSA section 22a

- 174

- 1(10), the proposed revisions seek to include in the definition of “ambient air quality standard” a specific reference to the national ambient air quality standards set out in 40 CFR 50. The proposed revision to RCSA se ction 22a

- 174

- 1(88) is a minor correction to a referenced portion of the CFR.

• Proposed revisions to the Prevention of Significant Deterioration New Source Review permit requirements in RCSA section 22a

- 174

- 3a(k) are minor and do not make any substantive changes to the current provisions. The proposed revision clarifies a reference to federal standards and removes a reference to RCSA section 22a

- 174

- 24, consistent with the revisions of this proposal. The change is consistent with federal requirements.

• The proposed revisions to RCSA section 22a

- 174

- 24 revise the level of Connecticut’s AAQS to be consistent with current federal standards in 40 CFR 50.

• The proposed revision to RCSA section 22a

- 174

- 28(a)(5) clarifies a reference to federal standards and r emoves a reference to RCSA section 22a

- 174

- 24, consistent with the other elements of the proposal.

14 August 2013

_ /s/Merrily A. Gere

_______ Date Merrily A. Gere Bureau of Air ManagementA TTACHMENT 2

Proposed and Final Text of the Proposal, Based on Recommendations in the Hearing Off icer’s Report

Section 1. Subdivision (10) of section 22a

- 174

- 1 of the Regulations of Connecticut State Agencies is revised as follows:

(10) “AAQS” or “[Ambient] ambient air quality standard” means any standard [which] that establishes the largest all owable concentration of a specific pollutant in the ambient air [of a region or subregion] as established by the [ United States Environmental Protection Agency ] Administrator in 40 CFR 50 or by the commissioner [and which is listed] in section 22a

- 174

- 24

o f the Regulations of Connecticut State Agencies.

Sec 2. Subdivision (88) of section 22a

- 174

- 1 of the Regulations of Connecticut State Agencies is revised as follows:

(88) “PM 10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method set forth in 40 CFR 50, Appendix [M] J , and designated as a reference method in accordance with 40 CFR 53 or by an equivalent method approved by the Administrator in accordance with 40 CFR 53.

Sec. 3 . Subdivision (5) of section 22a

- 174

- 3a(k) of the Regulations of Connecticut State Agencies is revised as follows:

(5) Ambient Monitoring

(A) The permit application shall contain an analysis of the effect on ambient air quality in the area of t he subject source or modification, of the following pollutants:

(i) those that have allowable emissions in excess of the amount listed in Ta ble 3a(k)

- 1 of this subsection, or

(ii) those [ listed in section 22a

- 174

- 24 of the Regulations of Connecticut S tate Agencies, ] for which an ambient air quality standard exists;

(B) For any pollutant listed in Table 3a(k)

- 1 for which [a National Ambient Air Quality Standard] an AAQS does not exist, the analysis shall contain such air quality monitoring data as th e commissioner determines is necessary to assess ambient air quality for that pollutant in any area that such pollutant may affect;

(C) For any pollutant [(other than nonmethane hydrocarbons)] for which [a National Ambient Air Quality Standard ] an AAQS e xists, the analysis shall contain [continuous] air quality monitoring data approved by the commissioner and gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of such standard or a Prevention o f Significant Deterioration increment listed in Table 3a(k)

- 2 of this subsection;2

(D) The [continuous] air quality monitoring data that is required by subparagraphs (B) and (C) of this subdivision shall have been gathered over a period of one (1) year

an d shall represent the year preceding receipt of the application, unless the commissioner determines in writing that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year, but not to be le ss than four (4) months;

(E) The owner or operator shall, after construction of the subject source or modification, conduct such ambient monitoring as the commissioner determines is necessary to determine the effect which the emissions from such source o r modification may have, or are having, on air quality in any area. In addition, the owner or operator shall submit the results of such ambient monitoring to the commissioner within thirty (30) days of data collection; and

(F) The owner or operator shall meet the requirements of 40 CFR 58, Appendix [B] A during the operation of monitoring.

Sec. 4 . Section 22a

- 174

- 24 of the Regulations of Connecticut State Agencies is revised as follows:

Sec. 22a

- 174

- 24. Connecticut primary and secondary ambient air qu ality standards

(a) [Definitions.

(1) “Ambient air” means that portion of the atmosphere, external to buildings, to which the general public has access.

(2) “Reference method” means a method of sampling and analyzing for an air pollutant, as describe d in Title 40 Code of Federal Regulations part 50, as from time to time may be amended.

(3) “Equivalent method” means any method of sampling and analyzing for an air pollutant that has been designated in accordance with Title 40 of Federal Regulations pa rt 53, as from time to time may be amended.

(4) “Acceptable method” means a reference method, an equivalent method, or any other method determined by the Commissioner.] Reserved.

(b) The concentration of pollutants in the ambient air, as measured by [ an acceptable method ] a reference or equivalent method designated in 40 CFR 50 or 40 CFR 53 , shall conform with levels specified [ below ] in this section as the applicable air quality standards for these [ substances ] air pollutants throughout Connecticut. No person shall operate [ a ] any stationary source, which has a significant impact on air quality [ listed in Table 3a(i)

- 1 set forth ] as described in section 22a

- 174

- 3a(i)(1) of the Regulations of Connecticut State Agencies for the pollutants listed in Tabl e 3a(i)

- 1 of section 22a

- 174

- 3a of the Regulations of Connecticut State Agencies , in such a manner as to cause or contribute to a violation of an ambient air quality standard [ listed in Section 22a

- 174

- 24 ]

.
(c) [ Reference conditions. All measurements of air quality are corrected to a reference temperature of twenty (20) degrees C. and to a reference pressure of 760 millimeters of mercury (1,013.2 millibars or 29.92 inches of mercury). ] Reserved.3

(d) Connecticut primary and secondary ambient air qu ality standards for sulfur oxides (sulfur dioxide).

(1) The level of the Connecticut primary 1

- hour ambient air quality [ standard s] standard for sulfur oxides, measured as sulfur dioxide, [are :

(1) 80 micrograms per cubic meter (0.03 ppm)

-- annual ar ithmetic mean.

(2) 365 micrograms per cubic meter (0.14 ppm)

-- maximum 24

- hour concentration not to be exceeded more than once per year. ] is 7 5 parts per billion, as set out in 40 CFR 50.17.

(2) The level of the Connecticut primary 24

- hour ambient a ir quality standard for sulfur oxides, measured as sulfur dioxide, is 0.14 parts per million, as set out in 40 CFR 50. 4

.
( 3 ) The level of the Connecticut primary annual ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.030 parts per million, as set out in 40 CFR 50. 4

.
( 4 ) The level of the Connecticut seconda ry 3

- hour ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.5 parts per million, as set out in 40 CFR 50.5.

(e) [ Connecticut seconda ry ambient air quality standards for sulfur oxides (sulfur dioxide). The Connecticut secondary ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is:

(1) 1,300 micrograms per cubic meter (0.5 ppm)

-- maximum 3

- hour concentration not to be exceeded more than once per year.

(2) 260 micrograms per cubic meter (0.1 ppm)

-- maximum 24

- hour concentration not to be exceeded more than once per year.

(3) 1,300 micrograms per cubic meter (0.5 ppm)

-- maximum 3

- hour concentration not to be exceeded more than once per year. ]

Connecticut primary and secondary ambient air quality standards for PM 10

.

The level of the Connecticut primary and secondary 24

- hour ambient air quality standards for particulate matter, measured as PM 10

, is 15 0 micrograms per cubic meter, as set out in 40 CFR 50.6.

(f) Connecticut primary and secondary ambient air quality standards for PM 2.5 ( fine particulate matter )

.
(1) [ The level of the Connecticut primary 24

- hour ambient air quality standard for partic ulate matter, measured as PM10, is 150 micrograms per cubic meter ( u g/m3), 24

- hour average concentration. The standard is attained when the expected number of days per calendar year with a 24

- hour average concentration above 150 ( u g/m3), as determined in a ccordance with Appendix K of Title 40 Code of Federal Regulations Part 50 revised as of July 1, 1989, is equal to or less than one. ] The level of the Connecticut primary annual ambient air quality standard for fine4

particulate matter, measured as PM 2.5

, is 12.0 micrograms per cubic meter, as set out in 40 CFR 50. 18

.
(2) [ The level of the Connecticut primary annual standard for particulate matter, measured as PM10, is 50 micrograms per cubic meter ( u g/m3), annual arithmetic mean. The standard is attained when the expected annual arithmetic mean concentration, as determined in accordance with Appendix K of Title 40 Code of Federal Regulations Part 50 revised as of July 1, 1989, is equal to or less than 50 ( u g/m3). ] The level of the Connecticut second ary a nnual ambient air quality standard for fine particulate matter, measured as PM 2.5

, is 15.0 micrograms per cubic meter, as set out in 40 CFR 50. 13

.
(3) T he level of the Connecticut primary and secondary 24

- hour ambient air quality standards for fine part iculate matter, measured as P M 2.5

, is 35 micrograms per cubic meter, as set out in 40 CFR 50.18 and 40 CFR 50.13, respectively.

(g) [ Connecticut secondary ambient air quality standards for particulate matter

(1) The level of the Connecticut secondary 24

- hour ambient air quality standard for particulate matter, measured as PM10, is 150 micrograms per cubic meter ( u g/m3), 24

- hour average concentration. The standard is attained when the expected number of days per calendar year with a 24

- hour average con centration above 150 ( u g/m3), as determined in accordance with Appendix K of Title 40 Code of Federal Regulations Part 50 revised as of July 1, 1989, is equal to or less than one.

(2) The level of the Connecticut secondary annual standard for particulate matter, measured as PM10, is 50 micrograms per cubic meter ( u g/m3), annual arithmetic mean. The standard is attained when the expected annual arithmetic mean concentration, as determined in accordance with Appendix K of Title 40 Code of Federal Regulatio ns Part 50 revised as of July 1, 1989, is equal to or less than 50 ( u g/m3). ] Reserved.

(h) Connecticut primary [ and secondary ] ambient air quality standards for carbon monoxide. [ The Connecticut primary and secondary 1

- hour ambient air quality standa rds for carbon monoxide, as set out in 40 CFR 50.8 , are : ] The level s of the Connecticut primary ambient air quality standards for carbon monoxide, as set out in 40 CFR 50.8, are as follows:

(1) [ 10 milligrams per cubic meter (9 ppm)

-- maximum 8

- hour co ncentration not to be exceeded more than once per year. ] 9 p arts p er m illion for an 8

- hour average concentration; and

(2) [ 40 milligrams per cubic meter (35 ppm)

-- maximum 1

- hour concentration not to be exceeded more than once per year. ] 35 p arts p er m illion for a 1

- hour average concentration.

(i) Connecticut primary and secondary ambient air quality standards for ozone.

[(1) Connecticut 8

- hour primary and secondary ambient air quality standards for ozone.

(A) The level of the Connecticut 8

- hou r primary and secondary ambient air quality standards for ozone is 0.08 parts per million, daily maximum 8

- hour average, measured by a reference method based on 40 CFR 50, Appendix D.5

(B) The Connecticut 8

- hour primary and secondary ambient air quality s tandards are met at an ambient air quality monitoring site when the average of the annual fourth

- highest daily maximum 8

- hour average ozone concentration is less than or equal to 0.08 parts per million, as determined in accordance with 40 CFR 50, Appendix I.

(2) Connecticut 1

- hour primary and secondary ambient air quality standards for ozone.

(A) The level of the Connecticut 1

- hour primary and secondary ambient air quality standards for ozone is 0.12 parts per million (235 μg/m3), measured by a reference method based on 40 CFR 50, Appendix D.

(B) The Connecticut 1

- hour primary and secondary ambient air quality standards are met when the expected number of days per calendar year with maximum hourly average concentrati ons above 0.12 parts per million is equal to or less than one day, as determined by 40 CFR 50, Appendix H. ]

(1) The level of the Connecticut 8

- hour primary and secondary ambient air quality standards for ozone is 0.0 8 parts per million, as set out in 40 CFR 50.10.

(2) The level of the Connecticut 8

- hour primary and secondary ambient air quality standards for ozone is 0.075 parts per million, as set out in 40 CFR 50.1 5

. (j) [Connecticut primary and secondary ambient air quality standards for hydrocarbons. T he hydrocarbons standard is for use as a guide in achieving oxidant standards. The Connecticut primary and secondary ambient air quality standard for hydrocarbons is: 160 micrograms per cubic meter (0.24 ppm)

-- maximum 3

- hour concentration (6 am to 9 am) not to be exceeded more than once per year.] Reserved.

(k) Connecticut primary and secondary ambient air quality standard s for [nitrogen dioxide] oxides of nitrogen ( nitrogen dioxide). [ The Connecticut primary and secondary ambient air quality standar d for nitrogen dioxide, is: 100 micrograms per cubic meter (0.05 ppm)

-- annual arithmetic mean.]

(1) The level of the Connecticut primary and secondary annual ambient air quality standard for oxides of nitrogen, measured as nitrogen dioxide

, is 53 parts per billion, as set out in 40 CFR 50.11.

(2) The level of the Connecticut primary 1

- hour ambient air quality standard for oxides of nitrogen, measured as nitrogen dioxide , is 100 parts per billion , as set out in 40 CFR 50.11.

( l ) Connecticut primary a nd secondary ambient air quality standards for lead.

The Connecticut primary and secondary ambient air quality [ standard ] standards for lead and its compounds [ , measured as elemental lead is: 1.5 micrograms per cubic meter, maximum arithmetic mean avera ged over three consecutive calendar months. ] are 0.15 micrograms per cubic meter, as set out in 40 CFR 50.16.6

(m) Connecticut primary ambient air quality standard for dioxin. The Connecticut primary ambient air quality standard for dioxin is 1.0 picog rams per cubic meter annual average. For the purposes of determining compliance with this standard the c ommissioner may use a concentration of 7.0 picograms per cubic meter 8

- hour average. [Within three years of the effective date of this subsection, the c ommissioner shall refer this standard for review and comment by the hazardous air pollutant advisory panel.]

Sec. 5 . Section 22a

- 174

- 28(a)(5) of the Regulations of Connecticut State Agencies is revised as follows:

(5) “Control period” means the period from November 1 to the last day of February for the Central Control Area and the Southwestern Control Area if a violation of the ambient air qualit y standard for carbon monoxide

, [ as listed in subsection 22a

- 174

- 24(h) of the Regulation s of Connecticut Stat e Agencies ] as determined in accordance with the procedures specified in [ Title 40 Code of Federal Regulations Part 50 ] 40 CFR 50 , occurs within such Control Area after November 1, 1998. If such violation occurs between December 1 and September 1, the Con trol Period for the Control Area in which such violation occurred begins the following November. If such violation occurs between September 1 and December 1, the Control Period for the Control Area in which such violation occurred begins sixty (60) days a fter such violation for the initial Control Period and begins November 1 for each succeeding year.

Statement of purpose:

The purpose of this proposal is to update the Department’s ambient air quality standards as required by the U.S. Environmental Pro tection Agency (EPA). EPA has established ambient air quality standards for each of six criteria pollutants at levels necessary to protect public health with an adequate margin of safety. EPA reviews each standard on a five

- year cycle and updates the sta ndard if warranted by the latest science. As the Department has not revisited the Connecticut air quality standards in a number of years, many standards require a change in the level of the standard in Connecticut’s regulation.

The proposal also clarifie s that the ambient air quality standards are relevant to emissions from stationary sources regardless of whether the source is subject to an individual air quality permit
or not. As some of the sources without permits are old and high emitting , a prohibit ion on individual source emissions in relation to an ambient air quality standard is a useful enforcement tool , particularly as many of the newer ambient standards look at emissions over a short period of time, such as a day or an hour.

As the federal a mbient air quality standards apply to Connecticut independently, Connecticut’s air is judged against the most current and strict federal standards. Th us, the legal effect of these changes is consistency between state and federal ambient air quality standa rds, which is an element required by EPA before EPA may fully approve Connecticut’s State Implementation Plan as sufficient for the regulation of recently adopted federal standards.1 

# The Connecticut General Assembly

Legislative Commissioners’ Office

Edwin J. Maley, Jr.

Commissioner William A. Hamzy

Commissioner

Larry G. J. Shapiro Director Legislative Office Building Suite 5500 Hartford, Connecticut 061 06

- 1591 (860) 240

- 8410 fax (860) 240

- 8414

e

- mail: lco@cga.ct.gov



# Memorandum

To: Legislative Regulation Review Committee 

### From: Legislative Commissioners’ Office 

### Committee Meeting Date: March 25, 2014

Regulation No: 2014

- 3 Agency: Department of En ergy and Environmental Protection Subject Matter: Ambient Air Quality Standards Statutory Authority: (copy attached) 22a

- 174

Yes or No Mandatory Y Federal Requirement Y Permissive N



### For the Committee's Information :

Substantive Concerns :2 

### Technical Corrections :

1. On page 2, in section 22a

- 174

- 3a(k)(5)(B), in the first line, " of this subsection " should be inserted after " Table 3a

- (k)

- 1 " for proper form.

2. On page 5, in section 22a

- 174

- 24(h), within the bracketed language, "1

- hour " and ", as set out in 40 CFR 50.8," should be deleted to reflect the official version of said regulation.

3. On page 6 , in section 22a

- 174

- 24(i)(1), " , measured by a reference method based on Appendix D of 40 CFR 50.10 and designated in accordance with 4 0 CFR 53, " should be inserted after " ozone ", for accuracy.

4 . On page 5, in section 22a

- 174

- 24(i)(2), " , daily maximum 8

- hr average, " should be inserted after " million, ", for accuracy.3 

### Recommendation :

X Approval in whole 

### X with technical corrections 

### X with deletions with substitute pages Disapproval in whole or in part Rejection without prejudice



### Reviewed by: Bradford M. Towson / Shannon McCarthy



### Date: March 1 3 , 20144 Sec. 22a

- 174. (Formerly Sec. 19

- 508). Powers of the commissioner. Re gulations. Fees. Exemptions. General permits. Appeal of commissioner's action re permit applications. (a) The commissioner, in the manner provided in subdivision (1) of section
22a

- 6, shall have the power to formulate, adopt, amend and repeal regulations t o control and prohibit air pollution throughout the state or in such areas of the state as are affected thereby, which regulations shall be consistent with the federal Air Pollution Control Act and which qualify the state and its municipalities for availab le federal grants. Any person heard at the public hearing on any such regulation shall be given written notice of the
determination of the commissioner.

(b) The commissioner shall have the power to (1) enter into contracts with technical consultants, inclu ding, but not limited to, nonprofit corporations created for the purpose of facilitating the state's implementation of multistate air pollution control programs, for special studies, advice and assistance; to consult with and advise and exchange informatio n with other departments or agencies of the state; and (2) serve on the board of directors of a nonprofit corporation, including, but not limited to, a nonprofit corporation created for the purpose of facilitating the state's implementation of multistate a ir pollution control

programs.

(c) The commissioner shall have the power, in accordance with regulations adopted by him, (1) to require that a person, before undertaking the construction, installation, enlargement or establishment of a new air contaminant source specified in the regulations adopted under subsection (a) of this section, submit to him plans, specifications and such information as he deems reasonably necessary relating to the construction, installation, enlargement, or establishment of such ne w air contaminant source; (2) to issue a permit approving such plans and specifications and permitting the construction, installation, enlargement or establishment of the new air contaminant source in accordance with such plans, or to issue an order requir ing that such plans and specifications be modified as a condition to his approving them and issuing a permit allowing such construction, installation, enlargement or establishment in accordance therewith, or to issue an order rejecting such plans and speci fications and prohibiting construction, installation, enlargement or establishment of a new air contaminant source in accordance with the plans and specifications submitted; (3) to require periodic inspection and maintenance of combustion equipment and oth er sources of air pollution; (4) to require any person to maintain such records relating to air pollution or to the operation of facilities designed to abate air pollution as he deems necessary to carry out the provisions of this chapter and
section 14

- 164 c; (5) to require that a person in control of an air contaminant source specified in the regulations adopted under subsection (a), obtain a permit to operate such source if the source (A) is subject to any regulations adopted by the commissioner concerning high risk hazardous air pollutants, (B) burns waste oil, (C) is allowed by the5 commissioner, pursuant to regulations adopted under subsection (a), to exceed emission limits for sulfur compounds, (D) is issued an order pursuant to section 22a

- 178, or (E)

v iolates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder; (6) to require that a person in control of an air contaminant source who is not required to obtain a permit pursuant to this subsection register with hi m and provide such information as he deems necessary to maintain his inventory of air pollution sources and the commissioner may require renewal of such registration at intervals he deems necessary to maintain such inventory; (7) to require a permit for an y source regulated under the federal Clean Air Act Amendments of 1990, P.L. 101

- 549; (8) to refuse to issue a permit if the Environmental Protection Agency objects to its issuance in a timely manner under Title
V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any regulation adopted under this chapter, to require that any source permitted under Title V of the federal Clean Air Act Amendments of 1990 shall comply with all applicable standards set forth in the Code of Federal Regulati ons, Title 40, Parts 51, 52, 59, 60, 61, 63, 68, 70, 72 to 78, inclusive, and 82, as amended from time to time.

(d) The commissioner shall have all incidental powers necessary to carry out the purposes of this chapter and section 14

- 164c.

(e) As used in th is subsection, "contiguous" means abutting or adjoining without consideration of the actual or projected existence of roadways, walkways, plazas, parks or other minor intervening features; "indirect source" means any building, structure, facility,
installa tion or combination thereof, that has or leads to associated activity as a result of which any air pollutant is or may be emitted. The commissioner shall not require the submission of plans and specifications under indirect source regulations adopted pursu ant to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be undertaken within a redevelopment area or urban renewal project, as defined in chapter 130, provided (1) the proposed construction is pursuant to a plan for s uch redevelopment area or urban renewal project adopted pursuant to section 8

- 127 prior to October 1, 1974, or to a modification of such plan, (2) the proposed construction is part of a contiguous, single purpose or multipurpose development or developments and (3) site clearance or construction had commenced on a portion of the site of such development or developments prior to October 1, 1974, nor shall the commissioner issue any order pursuant to subdivision (1) of subsection (c) of this section pertaining to the enforcement of indirect source regulations with respect to such proposed construction within such redevelopment areas and urban renewal projects. In the event that the modification of any such plan after October 1, 1974, would result in the propose d construction generating substantially more motor vehicle traffic than would have been generated prior to such modification, the submission of plans and specifications shall be required for such proposed modification. The commissioner shall not require th e renewal of an indirect source operating permit6 issued in accordance with subsection (c) of this section unless such indirect source no longer conforms with plans, specifications or other information submitted to said
commissioner in accordance with said subsection (c).

(f) The commissioner shall allow the open burning of brush on residential property, provided the burning is conducted by the resident of the property or the agent of the resident and a permit for such burning is obtained from the local open burning official of the municipality in which the property is located, and the open burning of brush in municipal landfills, transfer stations and municipal recycling centers, provided a permit for such burning is obtained from the fire marshal of the mun icipality where the facility is located, except that no open burning of brush shall occur (1) when national or state ambient air quality standards may be exceeded; (2) where a hazardous health condition might be created; (3) when the forest fire danger in the area is identified by the commissioner as extreme and where woodland or grass land is within one hundred feet of the proposed burn; (4) where there is an advisory from the commissioner of any air pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the case of a municipal landfill, when such landfill is within an area designated as a hot spot on the open burning map prepared by the commissioner. A permit for the burning of brush at any municipal landfill, municipal tra nsfer station or municipal recycling center shall be issued no more than six times in any calendar year. The proposed permit to burn brush at any municipal landfill, municipal transfer station or municipal recycling center shall be
submitted to the commiss ioner by the fire marshal, with the approval of the chief elected official of the municipality in which the municipal landfill, municipal transfer station or municipal recycling center is located. The commissioner shall approve or disapprove the
fire marsh al's proposed permitting of burning of brush at a municipal landfill, municipal transfer station or municipal recycling center within a reasonable time of the filing of such application. The burning of leaves, demolition waste or other solid waste deposite d in such landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires is not prohibited if the burning is conducted so as not to create a nuisance and in accordance with any restrictions imposed on such burning. Nothing in thi s subsection or in any regulation adopted pursuant to this subsection shall affect the power of any municipality to regulate or ban the open burning of brush within its boundaries for any purpose. Notwithstanding any other provision of this section, fire b reaks for the purpose of controlling forest fires and controlled fires in salt water marshes to forestall uncontrolled
fires are not prohibited. Open burning may be engaged in for any of the following purposes if the open burning official with jurisdiction over the area where the burning will occur issues an open burning permit: Fire

- training exercises; eradication or control of insect infestations or disease; agricultural purposes; clearing vegetative debris following a natural disaster; and vegetative man agement or enhancement of wildlife habitat or ecological sustainability on municipal property or on any privately owned property permanently7 dedicated as open space. Open burning for such purposes on state property may be engaged in with the written approv al of the commissioner. Local burning officials nominated for the purposes of this subsection shall be nominated only by the chief executive officer of the municipality in which the official will serve and shall be certified by the commissioner. The chief executive officer may revoke the nomination. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, governing open burning and may authorize or prohibit open burning consistent with this section. The regulations may requir e the payment of an application fee and inspection fee and may establish a certification procedure for local burning officials.

(g) The commissioner shall require, by regulations adopted in accordance with the provisions of chapter 54, the payment of a per mit 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. Any person obtaining a permit, pursuant to said regulations, for the construction or operation of a source of air pollution or for modification to an existing source of air pollution shall submit a permit fee of twice the
amount of the fe e established by regulations in effect on July 1, 1990. The commissioner shall require the payment of a permit application fee of two hundred dollars.

(h) The commissioner may require, by regulations adopted in accordance with the provisions of chapter 54, payment of a fee by the owner or operator of a source of air pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control device through the use of a dust compound in the detection of leaks in such device, or the
monitor ing of such test, provided such fee may not exceed the average cost to the department for the conduct or monitoring of such tests plus ten per cent of such average

cost. Except as specified in section 22a

- 27u, all payments received by the commissioner

purs uant to this subsection shall be deposited in the General Fund and credited to the

appr opriations of the Department of Energy and Environmental Protection in accordance with the prov isions of section 4

- 86.

(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no municipality shall be required to pay more than fifty per cent of any fee established by the commissioner pursuant to said subsections.

(j) Fees or increased fees prescribed by this section shall not be applicable to residen tial property.

(k) (1) The commissioner may issue a general permit with respect to a category of new or existing stationary air pollution sources, except with respect to a source which is already covered by an individual permit, provided the general permit is not inconsistent with the8 federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq., and as it may be further amended from time to time. Any person conducting an activity for which a general permit has been issued shall not be required t o obtain an individual permit under this section, except as provided in subdivision (5) of this subsection. The general permit may regulate a category of sources which, whether or not requiring a permit under the federal Clean Air Act, (A) involve the same or substantially similar types of operations or substances, (B) require the same types of pollution control equipment or other operating conditions, standards or limitations, and (C) require the same or similar monitoring, and which, in the opinion of the commissioner, are more appropriately controlled under a general permit than under an individual permit. The general permit may require that any person proposing to conduct any activity under the general permit register such activity, including obtaining a pproval from the commissioner, before the general permit becomes effective as to such activity, and may include such other conditions as the commissioner deems appropriate, including, but not limited to, management practices and verification and reporting requirements. Any such reports shall be made available to the public by the commissioner. The commissioner shall grant an application for approval under a general permit without repeating the notice and comment procedures provided under subdivision (2) of this subsection, and such a grant shall not be subject to judicial review under subdivision (4) of this subsection. Registrations and applications for approval under the general permit shall be submitted on forms prescribed by the commissioner; application forms concerning activities regulated under the federal Clean Air Act shall require that the applicant provide such information as may be required by that act. The commissioner shall prepare, and annually amend, a list of holders of general permits under this section, which list shall be made available to the public.

(2) Notwithstanding any other procedures in this chapter, any regulations adopted thereunder, and chapter 54, the commissioner may issue a general permit in accordance with the following proce dures: (A) The commissioner shall publish in a newspaper, having a substantial circulation in the affected area or areas, notice of (i) intent to issue a general permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity to submit written comments thereon, and (iv) the right to a public hearing if, within the comment period, the commissioner receives a petition signed by at least twenty

- five persons provided the notice shall state that the right to a public hearing may be exercised upon request of any person if the permit regulates an activity which is subject to provisions of the federal Clean Air Act; (B) the administrator of the United States Environmental Protection Agency and any states affected by the general permit shall be g iven notice as may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment period of thirty days following publication of notice under subparagraph (A) of this subdivision during which interested persons may submit written comm ents concerning the permit to the commissioner; (D) the commissioner shall not issue the general permit until9 after the comment period and the public hearing, if one is held; (E) the commissioner shall publish notice of any general permit issued in a newsp aper having a substantial circulation in the affected area or areas; and (F) summary suspension may be ordered in accordance with subsection (c) of section 4

- 182. Any person may request that the commissioner issue, modify, revoke or suspend a general permi t in accordance with this subsection.

(3) Any general permit under this subsection shall be issued for a fixed term. A general permit covering an activity regulated under the federal Clean Air Act shall be issued for a term of no more than five years. A ge neral permit covering an activity regulated under the federal Clean Air Act shall contain such additional conditions as may be required by that

act.

(4) Notwithstanding any other provision of this chapter and chapter 54, with respect to a general permit co ncerning activities regulated under the federal Clean Air Act, any person who submitted timely comments thereon may appeal the issuance of such permit to the superior court in accordance with the provisions of section 4

- 183. Such appeal shall have preceden ce in the order of trial as provided in section 52

- 192.

(5) Subsequent to the issuance of a general permit, the commissioner may require a person whose activity is or may be covered by the general permit to apply for and obtain an individual permit pursuan t to this chapter if he determines that an individual permit would better protect the land, air and waters of the state from pollution. The commissioner may require an individual permit under this subdivision in cases including, but not limited to, the fol lowing: (A) The permittee is not in compliance with the conditions of the general permit; (B) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollution applicable to the permitted activity; (C) circumstances have changed since the time the general permit was issued so that the permitted activity is no longer appropriately controlled under the general permit, or a temporary or permanent reduction or elimination of the permitted activity is nec essary; or (D) a relevant change has occurred in the applicability of the federal Clean Air Act. In making the determination to require an individual permit, the commissioner may consider the location, character and size of the source and any other relevan t factors. The commissioner may require an individual permit under this subdivision only if the person whose activity is covered by the general permit has been notified in writing that an individual permit is required. The notice shall include a brief stat ement of the reasons for requiring an individual permit, an application form, a statement setting a time for the person to file the application and a statement that the general permit as it applies to such person shall automatically terminate on the effect ive date of the individual permit. Such person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any person may petition the commissioner to take action under this subdivision.10 (6) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this subsection.

(l) In any proceeding on an application for a permit which is required under 42 USC 7661a, the applicant, and any other person entitled under said section to obtain judicial review of the commissioner's final action on such application may appeal such action in accordance with the provisions of section 4

- 183.

(m) The commissioner shall not issue a permit for an asphalt batch plant or continuous mix facility under the provisions of this section until July 1, 2004, unless the commissioner determines that the issuance of the permit will result in an improvement of environmental performance of an existing asphalt batch plant or continuous mix plant. The provisions of
this section shall apply to any application pending on May 5, 1998. Nothing in this section shall apply to applications for upgrading, replacing, consolidating or otherwise altering the physical plant of an existing facility provided such upgrade, replacement, consolidation or alteration results in an improvement of environmental performance or in reduced total emissions of air pollutants.