Connecticut Department of

ENERGY & ~ ENVIRONMENTAL ~ PROTECTION 79 Elm Street " Hartford, CT 06106-5127 www .ct .gov/deep Affirmative Action/Equal Opportunity Employer June 15, 2012 David Conroy, Chief, Air Programs Branch U .S. Environmental Protection Agency, Region 1 5 Post Office Square- Suite 100 (Mail Code OEP05-2) Boston, MA 02109-3912 Re: Update to Connecticut PM2 .5 Infrastructure Submittals Dear Mr . Conroy: The Connecticut Department of Energy and Environmental Protection (DEEP) has submitted State Implementation Plan (SIP) revisions addressing the adequacy of DEEP's SIPwith respect to section 110(a)(1) and (2) of the CleanAir Act (CAA) for the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) . At your request, DEEP is submitting this letter to provide the current status ofcertain regulatory revisions necessary to satisfy the infrastructure elements and to provide youwith new information concerning one of the infrastructure elements. DEEPis currently seeking the revision of its prevention ofsignificant deterioration (PSD) permit program to add increments, significant emission rate thresholds, and significant impact levels for PMZ.5 consistent with the U .S. Environmental Protection Agency's (EPA's) implementation rules. The regulatory revision process is moving forward; the committee of the Connecticut General Assembly responsible for regulatory review is scheduled to review

the PSDprogram revisions on June 26, 2012. If the proposal is approved by the committee, DEEP expects to complete the adoption process by mid-July. Once the proposed revisions are effective in Connecticut, DEEP will submit themimmediately to EPA . With respect to procedural steps necessary to formalize DEEP's current practice ofmaking all required notifications pursuant to CAASection 126 and the PSDprogram requirements of 40 Code of Federal Regulations (CFR) section 51 .166(q), DEEP proposed such revisions to its permit program

notification requirements on January 31, 2012. This proposal will make the requirements ofsection 22a-174-2a(b)(5) and (6) of the Regulations of Connecticut State Agencies consistent with CAAsection 126, 40 CFR 51 .166(q) and 40 CFR70.7(h) and 70.8(b) . Having recently received approval fromthe Office ofAttorney General to move forward with the proposed revisions, DEEP expects the proposed revisions to be scheduled for review by the General Assembly committee in August 2012. If approved by that committee, DEEPwould seek to complete the revision process by mid-September and would then submit the revisions to EPA as quickly as possible. DEEP has no pending obligations under CAAsections 115 or 126 .David Conroy

Page 2 June 15, 2012 EPAhas brought to DEEP's attention the requirement of CAAsection 128(a)(2), which requires that a SIP contain adequate provisions requiring the DEEP commissioner to disclose any potential conflicts of interest. Connecticut has in place conflict of interest provisions that are broader than EPA's minimum requirements and that apply to all state employees and public officials. Connecticut's requirements, which are set out in section 1-85 of the Connecticut General Statutes (CGS), prevent DEEP's commissioner fromacting on a matter when a substantial conflict of interest exists. CGS section 1-85 is available at the following link: http://www

.cg_a.ct .gov/2011/pub/chap010.htm#Secl-85.htm . DEEP intends to submit the statute into the SIPprior to September 2013. The submitted conflict ofinterest provisions will apply not only to the 1997 and 2006 PM2,5 NAAQS but also the 2008 lead NAAQS, for which the infrastructure SIPwas submitted on October 13, 2011, and the 1997 8-hour ozone NAAQS, for which the infrastructure SIPwas submitted on December 28, 2007 and approved July 8, 2011 . In summary, prior to September 2013, DEEP expects to provide EPAwith all the outstanding elements necessary to satisfy Connecticut's infrastructure requirements for the PM2,5 NAAQS. I hope this additional information allows EPAto move forward withthe process of approving Connecticut's PM2,5 NAAQS infrastructure SIPsubmissions. Please contact me you need any additional information. Sincerely,

Anne R . Gobin, Chief Bureau ofAir Management cc: Alison Simcox, EPARegion 1