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, DEEP

revised 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 1
Attachment A

Revisions to RCSA sections 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, 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.
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, or
Page 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 quality
Page 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 By the Legislative Regulation Review DATE S_,_~’RegulationRev " ~ " Regulation Review Committee)

Committee in accordance with CGS Section

4-170, as amended ~t~!~.~ ~-’~/~1 H--

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 Sections 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 Commissioner 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-174-24 and 22a174-28 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 air 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 quality 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, Hartford, 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 

hearing 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 fiscal 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 same 
documents are posted on DEEP's website. For further information, contact Daniel Vesa of the 

Bureau 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 to 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

Commissioner

August 23, 2013 
 Exhibit 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 06604

Steve Guveyan

Executive Director

Connecticut Petroleum Council

44 Capitol Ave., Suite 103-B

Hartford, CT 06106

Shawn Konary

Director, Environmental-East

NRG Energy

211 Carnegie Center

Princeton, NJ 08540

Department of Energy & Environmental Protection

Wendy Jacobs

Merrily Gere

Daniel Vesa

Submitted Comments

Anne Arnold

Manager Air Quality Planning Unit

USEPA Region 1

5 Post Office Square, Suite 100

Boston, MA 02109-3912
Connecticut 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 Management
79 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 Revision 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 Department 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 of 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, 2013, 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 principal 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 proposal, 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 required 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 standards 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 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 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 eight hours or one hour.

III. Opposition to the Proposal

No submitted comments oppose adoption of this proposal.

IV. Summary of Comments

No oral comment was given at the hearing.

One written comment was received from the following person:

Anne Arnold, Manager

Air Quality Planning Unit

United States Environmental Protection Agency

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. The proposed amendments are 

consistent with EPA’s National Ambient Air Quality Standards (NAAQS) set out in the Code of 

Federal Regulations (CFR) at 40CFR50. The commenter recommends that the amendment to be 

submitted to EPA as a State Implementation Plan revision, once the proposal is adopted by the 

State.

Response: 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 proposed without any change. No 

revisions are necessary. 

VI. Conclusion
3

Based upon the comments addressed in this Hearing Report, I recommend the proposal be 

adopted as recommended herein and that the recommended final proposal, included as 

Attachment 2 to 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 Date
ATTACHMENT 1

STATEMENT PURSUANT TO SECTION 22a-6(h) OF THE GENERAL STATUTES:

FEDERAL STANDARDS ANALYSIS

Pursuant to section 22a-6(h) of the Connecticut General Statutes (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 changes 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 quality 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 section 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 removes 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 Management
ATTACHMENT 2

Proposed and Final Text of the Proposal, Based on Recommendations in the Hearing 

Officer’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 allowable 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 

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:

(5) Ambient Monitoring

(A) The permit application shall contain an analysis of the effect on ambient air 

quality in the area of the subject source or modification, of the following 

pollutants:

(i) those that have allowable emissions in excess of the amount listed in Table 

3a(k)-1 of this subsection, or 

(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 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;

(C) 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;
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 

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 quality 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 

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)-1 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)-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 quality standards for sulfur oxides 

(sulfur dioxide). 

(1) 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. 

(2) 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) 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 secondary 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.

(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 
4

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.

(3) 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. 

(h) Connecticut primary [and secondary] ambient air quality standards for carbon 

monoxide. [The Connecticut primary and secondary 1-hour ambient air quality standards for 

carbon monoxide, as set out in 40 CFR 50.8, 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.
5

(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 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 concentrations 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 0.08 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 50.15. 

(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 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 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. 
6

(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 quality 

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. 
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 

06106-1591

(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 Energy 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 40 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 13, 2014
4

Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations. 

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 to 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 available 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, including, 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 information 

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 air 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 new 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 requiring 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 specifications 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 other 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 14-164c; (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 the 
5

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) 

violates 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 him 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 any 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 Regulations, 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 this 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, 

installation 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 pursuant 

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 such 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 proposed 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 the renewal of an indirect source operating permit 
6

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 municipality 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 transfer 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 commissioner 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 marshal'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 deposited 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 this 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 breaks 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 management or enhancement of wildlife habitat or ecological 

sustainability on municipal property or on any privately owned property permanently 
7

dedicated as open space. Open burning for such purposes on state property may be 

engaged in with the written approval 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 require 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 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. 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 fee 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 

monitoring 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 

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

appropriations of the Department of Energy and Environmental Protection in accordance 

with the provisions 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 residential 

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 the 
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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 to 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 approval 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 procedures: (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 given 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 comments concerning the 

permit to the commissioner; (D) the commissioner shall not issue the general permit until 
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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 newspaper 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 permit 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 general 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 concerning 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 

precedence 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 pursuant 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 following: (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 necessary; 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 relevant 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 statement 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 effective 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.
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(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.