Connecticut Department of

ENERGY &

ENVIRONMENTAL

PROTECTION

October 13, 2011

David Com’oy, Chief, Air Programs Branch

EPA New England Regional Office

5 Post Office Square

Mail Code: OEP05-2

Boston, MA 02109-3912

Re: Adequacy Determination of the Connecticut State Implementation Plan with Regard to Clean Air

Act Section 110(a)(1) and (2) for the 2008 Lead National Ambient Air Quality Standard

Dear Mr. Conroy:

Pursuant to Clean Air Act (CAA) Section 110(a)(1) and (2), all states are required to submit plans

to implement, maintain and enforce the 2008 lead national ambient air quality standard

(NAAQS), including such basic requirements as emissions inventories, monitoring and modeling

to assure attainment and maintenance of the standards.

As described in the enclosure, Connecticut’s State Implementation Plan (SIP), as identified in 40

CFR 52, subpart H, will satisfy the fourteen required CAA Section 110(a)(1) and (2)

infrastructure requirements for the 2008 lead NAAQS upon completion of two revisions to

Connecticut’s air quality regulations:

The Connecticut Department of Energy and Environmental Protection (DEEP)

recognizes that it must update its program infrastructure with respect to its prevention of

significant deterioration (PSD) program as it relates to significant ambient impact levels

and significant emission rate thresholds for lead. DEEP commits to pursue adoption of

appropriate regulatory revisions after EPA issues a final document establishing levels for

all required PSD program parameters.

 ̄ DEEP has also committed (see 76 FR 40248; July 8, 2011) to pursue revisions to section

22a-174-2a of the Regulations of Connecticut State Agencies (RCSA) to expand our

required notice to nearby states consistent with CAA section 126 and 40 CFR section

51.166(q). In the interim, DEEP will, as a standard procedure, make such notifications

to nearby states concerning any tentative determination to issue any major source permit

or modification under our PSD program.

To satisfy the administrative, public participation requirements of 40 CFR 51, Appendix V,

Section 2.1, this submission includes the following documents:

 ̄ Enclosure 1: Public notice of the proposed SIP revision;

 ̄ Enclosure 2: Hearing Officer Delegation

 ̄ Enclosure 3: Certification of the public review process;

79 Elm Street  ̄ Hartford, CT 06106-5127

www.ct.gov/deep

Affirmative Action/Equal Opportunity Employer
David Conroy

October 13, 2011

Page 2 of 2

 ̄ Enclosure 4: Hearing report, including DEEP’s responses to the comments received and

any revisions made to the proposed SIP revision in response to comments; and

 ̄ Enclosure 5: Final SIP technical support document.

Additionally, any electronic copy of this SIP revision that DEEP provides EPA will be an exact

duplicate of this hard copy.

We look forward to working with EPA as a critical partner in our continuing mission to

conserve, improve and protect the environment and public health for the citizens of Connecticut.

If you require additional information or have any questions about this submission, please contact

Peter Babich at 860-424-3422.

Yours truly,

Anne R. Gobin

Chief, Bureau of Air Management

Enclosures

cc~ Anne Arnold, EPA Region 1

Robert McConnell, EPA Region 1
Connecticut Department of

ENERGY &

ENVIRONMENTAL

PROTECTION

Enclosure 1

Lead National Ambient Air Quality Standard Infrastructure Elements:

Notice of Intent to Revise the State Implementation Plan for Air Quality.

Notice of Procedures Concerning Publication of Notice of Future SIP Revisions.

The Commissioner of the Department of Energy and Environmental Protection (the Department)

hereby gives notice of its intent to amend the State Implementation Plan (SIP) to address section

110(a)(1) and (2) of the Clean Air Act (CAA) with respect to the 2008 lead national ambient air

quality standard (NAAQS). The SIP revision will be submitted to the U.S. Environmental

Protection Agency (EPA) for review and approval. The Department is also announcing a change

in its procedures concerning the publication of notice and the opportunity for public hearing on

future SIP revisions.

The CAA provides that states are required to submit SIPs to address the requirements of CAA

section 110(a)(1) and (2) within three years of promulgation of a revised NAAQS. The lead

NAAQS was revised on October 15, 2008, resulting in the preparation and proposal of the

subject SIP revision. The CAA section 110(a)(1) and (2) requirements, which are refen’ed to as

infrastructure requirements, provide that a state must demonstrate its ability to implement,

maintain and enforce a revised NAAQS.

A copy of the SIP revision described above is available for public inspection during normal

business hours from Kathleen Knight at the Department of Energy and Environmental Protection

(DEEP), Bureau of Air Management, Planning & Standards Division, 5th Floor, 79 Elm Street,

Hartford, CT. The SIP revision is also posted on the Department’s website at the following

location: http://www.ct.gov/dep/cwp/view.asp?a=2684&Q=484492.

All interested persons are invited to comment on the proposed SIP revision. Comments should

be submitted no later than 4:30 PM on September 20, 2011 to Kathleen Knight, DEEP, Bureau

of Air Management, Planning & Standards Division, 79 Elm Street, Hartford, Connecticut

06106-5127. Comments may be submitted by post, facsimile to (860) 424-4064 or by electronic

mail to kathleen.knight@ct.gov.

The Department will hold a hearing at the time and location set out below if a request for a

hearing is made on or before September 13, 2011.

PUBLIC HEARING

September 20, 2011 at 1:00PM

Department of Energy and Environmental Protection, 5th Floor, Holcombe Room

79 Elm Street, Hartford, CT

79 Elm Street  ̄ Hartford, CT 06106-5127

www.ct.gov/deep

Affirmative Action/Equal Opportunity Employer
If no request for a hearing is received by September 13, 2011, the hearing will be cancelled.

Information on the status of the hearing will be posted on the Department’s website at

http://www.ct.gov/dep/cwp/view.asp?a=2586&Q=484140 as of September 15, 2011. Questions

concerning the cancellation of the public hearing may be directed to Kathleen Knight at 860-424-

3823 or kathleen.kni~ht@ct.gov.

Future SIP Revisions

The Department intends that public notice of all futm’e SIP revisions shall be published on the

Department’s website at:

http://www.ct.gov/dep/cwp/browse.asp?A=2586&BMDRN=2000&BCOB=0&C=21510.

While the Department intends to publish public notice of all future SIP revisions electronically, the

Department reserves the ability to publish supplemental notices in newspapers or other media in the event

it is deemed necessary to enhance the outreach efforts on critical issues. Individuals interested in

receiving notification of such notices automatically via electronic mail may make such a request

through the Department’s website as follows:

http://www.ct.gov/dep/guestaccount/registration form.asp

In conformance with the Americans with Disabilities Act, the Department makes every effort to

provide equally effective services for persons with disabilities. Individuals with disabilities who

need this information in an alternative format, to allow them to benefit and/or participate in the

Department’s programs and services, should call 860-424-3051 or 860-418-5937 or e-mail

Marcia Bonitto, ADA Coordinator, at marcia.bonitto@ct.gov. Persons who are hearing impaired

should call the State of Connecticut relay number 711.

The authority to adopt this SIP revision is granted by sections 22a-5 and 22a-174 of the

Connecticut General Statutes. This notice is required pursuant to 40 Code of Federal

Regulations 51.102.

Date Dan{elq2. Esty

Commissioner
Connecticut Department of

ENERGY &

ENVIRONMENTAL

PROTECTION

Enclosure 2

Hearing Officer Delegation

In accordance with the provisions of section 22a-2 of the Connecticut General Statutes, I hereby

appoint Kathleen Knight of the Bureau of Air Management as a hearing officer with the

authority to conduct a public hearing on September 20, 2011, should such a hearing be requested.

If held, the September 20, 2011 hearing will address a proposed State Implementation Plan (SIP)

revision concerning whether or not Connecticut’s SIP meets the provisions of section 110(a)(1)

and (2) of the Clean Air Act (CAA) for the 2008 lead national ambient air quality standard

(NAAQS). Kathleen Knight is also authorized to render a recommended decision concerning the

proposed SIP revision.

Date D~Me~ C. Esty -c," ,/

Commissioner
Connecticut Department of

ENERGY &

ENVIRONMENTAL

PROTECTION

Enclosure 3

CERTIFICATION OF PUBLIC REVIEW PROCESS

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part

51.102 that the following actions were taken by the Connecticut Department of Energy and

Environmental Protection (DEEP) regarding revisions to the Connecticut State

Implementation Plan for air quality, specifically to address section 110(a)(1) and (2)

requirements of the federal Clean Air Act (CAA) with respect to the 2008 lead national

ambient air quality standards (NAAQS).

1) An opportunity for a public hearing was announced in a public notice. No request

was received for the tentative hearing; therefore, the hearing was canceled. The

public notice also provided an opportunity for written comments.

2) In accordance with the notice, materials were available for review at the DEEP’s

Hartford office and were posted on DEEP’s web site;

3) Copies of the notice were provided to the directors of the air pollution control

agencies in New York, New Jersey, Rhode Island and Massachusetts as well as the

Air Management Division of the U.S. Environmental Protection Agency Region 1

office; and

4) The public notice was published in newspapers as follows:

Newspaper ~ Date

Connecticut Post 43

(Bridgeport)

Hartford Courant 42

New London Day 41

The Register Citizen 44

(Torrington)

IDat~

Thursday, August 18, 2011

Thursday, August 18, 2011

Thursday, August 18, 2011

Thursday, August 18, 2011

Hearing O~ficer

Bureau of Air Management

79 Elm Street ° Hartford, CT 06106-5127

www.ct.gov/deep

Affirmative Action/Equal Opportunity Employer
Enclosure 4

HEARING REPORT

Prepared Pursuant to

Code of Federal Regulations Part 40, Section 51.102

Regarding Revision to the

State Implementation Plan for Air Quality

Hearing Officer: Kathleen L Knight

On August 10, 2011 the Commissioner of the Connecticut Department of Energy and

Environmental Protection (DEEP) signed notice of intent to amend the State Implementation

Plan (SIP) for air quality to address the infrastructure requirements of Section 110(a)(1) and (2)

of the federal Clean Air Act (CAA) with respect to the 2008 lead (Pb) national ambient air

quality standards (NAAQS). Pursuant to such notice, DEEP provided an opportunity for a public

hearing and written comment. No request for a hearing was received, thus none was held.

Written comments were accepted through the end of the public comment period on September

20, 2011.

I. Overview

This report describes the revisions to the SIP as proposed for hearing, the comments received

through the comment period and DEEP’s responses.

II. Summary of the Revisions as Proposed

The CAA requires states to submit SIP revisions to address the requirements of CAA section

110(a)(1) and (2) within tba’ee years of promulgation of a revised NAAQS. The lead NAAQS

was revised on October 15, 2008, resulting in the preparation and proposal of the subject SIP

revision. The CAA section 110(a)(1) and (2) requirements, which are referred to as

infrastructure requirements, provide that a state must demonstrate its ability to implement,

maintain and enforce a revised NAAQS.

The proposed SIP revision includes a table of existing Connecticut and federal regulations that

satisfy the CAA 110(a)(2) infrastructure requirements. DEEP concludes that the provisions of

current regulations meet all but two of the infrastructure requirements. Regarding the two

remaining infrastructure elements, the proposed SIP revision states that:

1. DEEP recognizes its prevention of significant deterioration (PSD) program~ must be

updated with respect to significant ambient impact levels and significant emission rate

thresholds for lead. DEEP commits to pursue adoption of appropriate regulatory

revisions after EPA issues a final document establishing levels for all required PSD

program parameters.

Regulations of Connecticut State Agencies (RCSA) Section 22a-174-3a.
2. DEEP previously committed2 to pursue adoption of regulatory revisions to include an

expansion of the required notice to nearby states consistent with CAA section 126 and

40 CFR section 51.166(q) and remains committed to pursue this change.

Ill. Summary of Comments

The only comments received were from Anne Arnold, Manager, Air Quality Planning Group,

EPA Region 1, Boston, Massachusetts. The comments address three subject areas:

1. Permits to construct and Operate Stationary Sources ambient impact levels and

significant emissions rates;

2. Emergency episodes; and

3. Connecticut’s primary and secondary standards for lead.

All comments submitted are summarized below with DEEP’s responses.

1. Permits to Construct and Operate Stationary, Sources

EPA Comment: As of the date of EPA Region 1 ’s comments, EPA’s Office of Air Quality

Planning and Standards (OAQPS) had not issued final guidance for states to use in development

of Pb infrastructure SiPs. Given the more stringent level of the 2008 Pb NAAQS, EPA Region 1

has had discussions with EPA OAQPS regarding the appropriateness of the current significant

monitoring concentration level and the current significant emissions increase for the 2008 Pb

NAAQS, as specified in 40 CFR 51.166(i)(5)(i)(g) and 40 CFR 51.166(b)(23), respectively.

EPA Region 1 recommends that DEEP review EPA’s final Pb infrastructure guidance, when

released, with regard to these two issues to determine if regulatory revisions are necessary.

DEEP Response: DEEP will review EPA’s final guidance, when it is released. As stated in the

proposed SiP revision, DEEP commits to pursue adoption of appropriate regulatory revisions

within a reasonable period following EPA’s issuance of a final document establishing the levels

for all required PSD program parameters, including significant ambient impact levels and

significant emission rate thresholds for lead.

2. Emergency Episode

EPA Comment: EPA Region 1 acknowledges that EPA’s draft guidance issued for Pb

infrastructure SiPs did not include extensive direction to states with regard to section

110(a)(2)(G), Emergency Episodes and recommends that DEEP review EPA’s final guidance,

when issued, to ensure the SiP revision adequately addresses requirements.

DEEP Response: If EPA’s final PM2.5 Infrastructure SiP guidance provides additional

information regarding CAA section 110(a)(2)(G) emergency episode requirements, DEEP

commits to consult with EPA Region 1 to identify any outstanding issues not sufficiently

addressed in the SIP revision, as originally proposed. If necessary, DEEP will then submit an

appropriate supplement to this SiP revision to address the final guidance.

See 76 FR 40248
3. Connecticut’s Primary and Secondary Standards for Lead

EPA Comment: EPA Region 1 points out that RCSA Section 22a-174-24 currently specifies

Connecticut primary and secondary air quality standards for Pb of 1.5 micrograms per cubic

meter, matching EPA’s previous NAAQS, which was updated to 0.15 micrograms per cubic

meter in 2008. EPA Region 1 recommends that DEEP update 22a-174-24 to be consistent with

EPA’s revised primary and secondary standards for lead and, in the interim, include a discussion

in the infrastructure SIP revision evaluating whether any of its air pollution control regulations

require compliance with these now outdated air quality standards.

DEEP Response: DEEP recognizes that Connecticut’s primary and secondary standards, as

defined in RCSA 22a-174-24, are not currently consistent with the federal National Ambient Air

Quality Standards (NAAQS) for several criteria pollutants, including the recently revised lead

NAAQS. DEEP applies and enforces its air pollution regulations using the more stringent of the

federal and state standards, but acknowledges that the lack of consistency between RCSA 22a174-24 and the federal NAAQS can cause confusion. DEEP is currently assessing the most

efficient way to restructure its regulations to accommodate EPA’s increasing frequency of

revisions to the federal NAAQS and plans to propose appropriate regulatory revisions in the near

future.

IV. Conclusion

As of the signing date of this hearing report, EPA has not released final guidance to assist states

with the development of Pb infrastructure SIPs. Given the SIP submittal deadline of October 15,

2011, I recommend that the SIP revision as proposed, together with the above commitments

made in response to comments, be submitted to the EPA for approval.

I~athlee~ I~ht

Hearing Officer

Date
Enclosure 5

Adequacy Determination of the Connecticut State Implementation Plan for

Clean Air Act Section 110(a) Infrastructure Elements:

2008 National Ambient Air Quality Standards for Lead (Pb)

On October 15, 2008, the U.S. Environmental Protection Agency (USEPA) revised the primary 

and secondary national ambient air quality standards (NAAQS) for airborne lead (Pb) to 0.15 

micrograms per cubic meter (μg/m3

). Pursuant to Clean Air Act (CAA) sections 110(a)(l) and 

110(a)(2), all states are required to submit plans to provide for the implementation, maintenance 

and enforcement of a revised NAAQS. The Connecticut Department of Energy and 

Environmental Protection (DEEP) hereby reviews its program infrastructure in relation to the 

2008 Pb NAAQS for each of the fourteen infrastructure elements. Details of how Connecticut’s 

State Implementation Plan (SIP) now satisfies or will, after revision, satisfy the infrastructure 

requirements are set out in the attached table.

DEEP recognizes that it must update its program infrastructure with respect to its prevention of 

significant deterioration (PSD) program as it relates to significant ambient impact levels1and 

significant emission rate thresholds2 for lead. DEEP commits to pursue adoption of appropriate 

regulatory revisions within a reasonable period of time following issuance of a final document 

establishing the levels for all required PSD program parameters.

DEEP has also previously committed3 to pursue revisions to section 22a-174-2a of the 

Regulations of Connecticut State Agencies (RCSA) to include an expansion of our required 

notice to nearby states consistent with CAA section 126 and 40 CFR section 51.166(q). In the 

interim, DEEP will, as a standard procedure, make such notifications to nearby states concerning 

any tentative determination to issue any major source permit or modification under our PSD 

program.

The attached table sets out in detail those SIP elements and underlying statutory and regulatory 

authorities that satisfy each of the fourteen required infrastructure elements for the lead NAAQS. 

The table includes references and web links to statutes and regulations that: 1) apply to sources 

of any air pollutant; 2) specifically apply to lead emission sources; or 3) specifically apply to

particulate matter sources, which may include lead as a component. DEEP hereby incorporates 

by reference all statutory and regulatory sections submitted with previous infrastructure SIP 

submissions and includes references and web links for new and revised statutes and regulatory 

requirements, as appropriate.

 1

 See RCSA Section 22a-174-3a, Table 3a(i)-1, for current requirements. 2

 See RCSA Section 22a-174-3a, Table 3a(k)-1, for current requirements. 3 See page 40255 at 76 Federal Register 40248 (July 8, 2011) for a description of DEEP’s commitment.
2

Connecticut’s CAA Section 110(a) Infrastructure Elements for the 2008 Lead NAAQS*

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(A) 

Emission limits 

and other 

control measures

... “include enforceable emission limitations 

and other control measures, means, or 

techniques (including economic incentives 

such as fees, marketable permits, and 

auctions of emissions rights), as well as 

schedules and timetables for compliance...”

CGS Section 22a-6(a)(1). The Commissioner is empowered to “adopt, amend or repeal . 

. . such environmental standards, criteria, and regulations . . . as are necessary and proper 

to carry out his functions, powers and duties.” It is under this general grant of authority 

that the Commissioner has adopted emissions standards and control measures for a variety 

of sources and pollutants.

CGS Section 22a-174. Establishes the Commissioner’s general authority to adopt 

regulations and issue permits to control air pollution.

CGS Section 22a-174(f). Limitations on open burning. “... The burning of leaves, 

demolition waste or other solid waste deposited in such landfill shall be prohibited....”

CGS Section 22a-174k. Restrictions on operation of outdoor wood-burning furnaces. 

“...No other materials are burned in the outdoor wood-burning furnace other than wood 

that has not been chemically treated; ...”

The sections of CT’s air quality regulations that establish specific emissions limits related 

to lead, or of particulate matter that might include lead, include RCSA sections:

22a-174-2a. Specifies administrative requirements for the new source review (NSR) 

program, including notification concerning major source permits and modifications.

22a-174-3a(i) – (l). Nonattainment new source review and prevention of significant 

deterioration1

22a-174-18. Control of particulate matter and visible emissions.

22a-174-38. Municipal waste combustors. Table 38-1.

 

* CAA refers to the Clean Air Act.

NAAQS refers to the national ambient air quality standards, as established by the U.S. Environmental Protection Agency (EPA).

CGS refers to the Connecticut General Statutes.

RCSA refers to Regulations of Connecticut State Agencies.

CFR refers to the U.S. Code of Federal Regulations.

DEEP refers to the Connecticut Department of Energy and Environmental Protection.

Commissioner refers to the Commissioner of the DEEP.

1

 DEEP recognizes that it must update its program infrastructure with respect to the prevention of significant deterioration (PSD) program as it relates to lead significant ambient 

impact levels and significant emission rate thresholds (see RCSA Section 22a-174-3a, Tables 3a(k)-1 and 3a(i)-1 for current requirements). DEEP commits to pursue adoption of 

appropriate regulatory revisions within a reasonable period of time after EPA issues a final document establishing the levels for all required PSD program parameters.
3

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(B) 

Ambient air 

quality 

monitoring/data 

system

... “provide for establishment and operation 

of appropriate devices, methods, systems, 

and procedures necessary to (i) monitor, 

compile, and analyze data on ambient air 

quality, and (ii) upon request, make such data 

available to the Administrator.”

CGS Section 22a-174(d). Provides the commissioner with all incidental powers 

necessary to control air pollution. 

40 CFR 53; 40 CFR 58. A comprehensive air quality monitoring plan, intended to meet 

requirements of 40 CFR 58, is submitted to EPA each year. The 2011 Annual Air 

Monitoring Network Plan was submitted on July 7, 2011. The plan provides a description 

of how Connecticut meets EPA lead monitoring requirements.

110(a)(2)(C) 

Program for 

enforcement of 

control measures

... “include a program to provide for the 

enforcement of the measures described in 

subparagraph (A), and regulation of the 

modification and construction of any 

stationary source within the areas covered by 

the plan as necessary to assure that national 

ambient air quality standards are achieved, 

including a permit program as required in 

parts C and D;”

CGS Section 22a-6(a)(5). “The commissioner may, in accordance with constitutional 

limitations, enter at all reasonable times, without liability, upon any public or private 

property, except a private residence, for the purpose of inspection and investigation to 

ascertain possible violations of any statute, regulation, order or permit administered, 

adopted or issued by him and the owner, managing agent or occupant of any such property 

shall permit such entry . . . “

CGS Section 22a-6b. Imposition of civil penalties by the commissioner.

CGS Section 22a-7(d). Civil actions.

CGS Section 22a-171. “The commissioner shall . . . (4) adopt, amend, repeal and enforce 

regulations . . . and do any other act necessary to enforce the provisions of [Chapter 446c, 

entitled “Air Pollution Control,” which encompasses CGS Sections 22a-170 through 22a206].” 

CGS Section 22a-175. Penalties for violations.

CGS Section 22a-176. Consideration in making regulations and issuing orders.

CGS Section 22a-177. Enforcement of regulations. Complaints.

CGS Section 22a-178. Orders to correct violations. 

RCSA section 22a-3a-6(c). Orders, rulings and decisions – procedures in contested 

cases.

RCSA section 22a-174-2a. Includes administrative requirements for the new source 

review (NSR) program, including notification concerning major sources permits and 

modifications.

RCSA section 22a-174-3a. Permit to construct and operate stationary sources. This 

section sets out the Connecticut NSR permit program requirements. Connecticut’s NSR 

program is SIP approved and satisfies the 110(a)(2)(D)(i)(II) requirement that new major 

sources and major modifications are subject to CAA Part C PSD requirements.2

RCSA section 22a-174-12. Violations and enforcement of the Regulations of 

Connecticut State Agencies. This section provides that “The Commissioner shall 

designate employees of DEP to be known as enforcement personnel, who shall, acting 

 2 DEEP recognizes that it must update its program infrastructure with respect to the prevention of significant deterioration (PSD) program as it relates to lead significant ambient 

impact levels and significant emission rate thresholds (see RCSA Section 22a-174-3a, Tables 3a(k)-1 and 3a(i)-1 for current requirements). DEEP commits to pursue adoption of 

appropriate regulatory revisions within a reasonable period of time after EPA issues a final document establishing the levels for all required PSD program parameters.
4

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

with or without complaints, conduct investigations and ascertain whether the 

Commissioner's regulations are being complied with.”

110(a)(2)(D) 

Interstate 

transport

... “contain adequate provisions - (i) 

prohibiting, consistent with the provisions of 

this title, any source or other type of 

emissions activity within the State from 

emitting any air pollutant in amounts which 

will - (I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State with respect 

to any such national primary or secondary 

ambient air quality standard, or (II) interfere 

with measures required to be included in the 

applicable implementation plan for any other 

State under part C to prevent significant 

deterioration of air quality or to protect 

visibility, (ii) insuring compliance with the 

applicable; requirements of sections 126 and 

115 (relating to interstate and international 

pollution abatement);”

CAA 110(a)(2)(D)(i)(I) is satisfied because CT has no sources exceeding the 0.5 ton/year

lead monitoring threshold, as documented in CT’s recommended designations for the lead 

NAAQS, submitted to EPA on October 6, 2009. EPA selected the 0.5 ton/year threshold 

“to identify lead emission sources which should be monitored because their emissions may 

cause or contribute to ambient lead concentrations that exceed the lead NAAQS.”3

RCSA section 22a-174-2a. Includes administrative requirements for the new source 

review (NSR) program, including notification concerning major sources permits and 

modifications.4

RCSA section 22a-174-3a. Satisfies the 110(a)(2)(D)(i)(II) requirement that new major 

sources and major modifications are subject to CAA Part C PSD requirements. New 

major sources and modifications are subject to PSD for the 2008 Pb NAAQS. 

Lead emissions from Connecticut sources have negligible visibility impacts on Class I 

areas due to the small size of CT sources (all less than 0.3 tpy) and the long distance to the 

nearest Class I area (at least 70 miles from CT’s border to Lye Brook, VT). Therefore, the 

visibility protection requirement of 110(a)(2)(D)(i)(II) is met.

 3

 EPA’s Final Lead Ambient Air Monitoring Requirements (promulgated December 14, 2010). 4 DEEP has previously committed to pursue revisions to RCSA 22a-174-2a to include an expansion of our required notice to nearby states consistent with CAA section 126 and 

40 CFR section 51.166(q). In the interim, DEEP will, as a standard procedure, make such notifications to nearby states concerning any tentative determination to issue any major 

source permit or modification under our PSD program.
5

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(E) 

Adequate 

resources

... “provide (i) necessary assurances that the 

State (or, except where the Administrator 

deems inappropriate, the general purpose 

local government or governments, or a 

regional agency designated by the State or 

general purpose local governments for such 

purpose) will have adequate personnel, 

funding, and authority under State (and, as 

appropriate, local) law to carry out such 

implementation plan (and is not prohibited 

by any provision of Federal or State law 

from carrying out such implementation plan 

or portion thereof), (ii) requirements that the 

State comply with the requirements 

respecting State boards under section 128, 

and (iii) necessary assurances that, where the 

State has relied on a local or regional 

government, agency, or instrumentality for 

the implementation of any plan provision, 

the State has responsibility for ensuring 

adequate implementation of such plan 

provision;”

CGS Section 22a-171. Duties of Commissioner of Environmental Protection. 

The commissioner shall (1) initiate and supervise programs for the 

purposes of determining the causes, effect and hazards of air pollution; 

(2) initiate and supervise state-wide programs of air pollution control 

education; (3) cooperate with and receive money from the federal 

government and, with the approval of the Governor, from any other public 

or private source; (4) adopt, amend, repeal and enforce regulations as 

provided in section 22a-174 and do any other act necessary to enforce the 

provisions of this chapter and section 14-164c; (5) advise and consult with 

agencies of the United States, agencies of the state, political subdivisions 

and industries and any other affected groups in furtherance of the 

purposes of this chapter.

Air Quality Implementation Plan, Chapter 11, Parts A-E (March 3, 1972). Describes 

the (A) existing organizations; (B) manpower; (C) funding; (D) physical resources and (E) 

local agencies. It stated, in part, “The Department of Environmental Protection will secure 

appropriations sufficient, in conjunction with federal assistance, to maintain the projected 

state funding levels.” 

DEEP is the sole authority implementing the SIP and does not rely on local or regional 

governments or agencies to carry out this responsibility. 

110(a)(2)(F)

Stationary 

source emissions 

monitoring and 

reporting

... “require, as may be prescribed by the 

Administrator - (i) the installation, 

maintenance, and replacement of equipment, 

and the implementation of other necessary 

steps, by owners or operators of stationary 

sources to monitor emissions from such 

sources, (ii) periodic reports on the nature 

and amounts of emissions and emissionsrelated data from such sources, and (iii) 

correlation of such reports by the State 

agency with any emission limitations or 

standards established pursuant to this Act, 

which reports shall be available at reasonable 

times for public inspection;”

CGS Section 22a-6(a)(5). “The commissioner may, in accordance with constitutional 

limitations, enter at all reasonable times, without liability, upon any public or private 

property, except a private residence, for the purpose of inspection and investigation to 

ascertain possible violations of any statute, regulation, order or permit administered, 

adopted or issued by him and the owner, managing agent or occupant of any such property 

shall permit such entry ...”

CGS Section 22a-174(c). Various powers of the commissioner related to permitting, 

inspections, and recordkeeping.

CGS Section 22a-191a(b). Metals testing (including lead) for Sewage Sludge 

Incinerators. “On or before January 1, 2002, and annually thereafter, the operator of 

each sewage sludge incinerator in this state shall conduct a stack test for the presence of 

mercury, metals and hydrocarbons in the air emissions of each such incinerator. ...”

RCSA section 22a-174-4. Source monitoring, record keeping and reporting. Paragraph 

(d)(1) states: “The commissioner may, by written notice, require the owner or operator of 

any source to create, maintain and submit data, records or reports of monitoring data and 

other information deemed necessary by the commissioner to evaluate compliance with 
6

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

chapter 446c of the Connecticut General Statutes and regulations promulgated thereunder. 

Such information shall be recorded, compiled and submitted on forms furnished or 

prescribed by the commissioner. The written notice shall provide the date by which such 

data, records or reports shall be submitted to the commissioner.”

RCSA section 22a-174-5. Methods for sampling, emission testing, sample analysis, and 

reporting. 

Subsection (e)(1) states: “The owner or operator of a stationary source of air 

pollution with maximum uncontrolled emissions of any particular air pollutant 

greater than one hundred (100) tons per year shall be required to carry out 

emission tests as prescribed by the Commissioner. Such test or tests shall be 

conducted at such intervals as the Commissioner may specify for an individual 

stationary source.”

Subsection (e)(2) states: “In addition to the emission tests required in subdivision 

22a-174-5(e)(1), the commissioner may require the owner or operator of any 

stationary source to conduct emission tests of emissions.”

RCSA section 22a-174-10. Public availability of information. Paragraph (a) states: 

“Any records, reports or other information obtained by the Commissioner or on file with 

the department shall, pursuant to the provisions of sections 1-7 through 20 of the General 

Statutes, as amended, be made available to the public.”

RCSA section 22a-174-38. Municipal Waste Combustors.

Establishes lead testing and reporting requirements: 

• Continuous compliance: Subsection (c)(3);

• Annual performance testing: Subsection (i)(2) and (i)(4)B);

• Record keeping: Subsection (k), (k)(9) and (k)(10);

• Reporting requirements: Subsection (l)(3) and (l)(6);

110(a)(2)(G) 

Emergency 

power

... “provide for authority comparable to that

in section 303 and adequate contingency 

plans to implement such authority;”

CGS Section 22a-181. Emergency action to protect public health or safety. 

“...If under any circumstances the commissioner finds any person is causing air pollution 

to such an extent as to require immediate action to protect the public health or safety, he 

may order such person to reduce or discontinue the air pollution immediately.”

For the following reasons, DEEP has concluded that the general emergency powers 

specified by CGS Section 22a-181 are sufficient to address any lead-related air pollution 

episodes; therefore, no specific emergency episode plans for lead are necessary at this 

time:

1) 40 CFR 51.152(c) specifies that areas classified as Priority III do not need to 

develop episode plans. EPA has historically identified Priority III areas as those
7

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

with ambient pollutant levels that do not exceed a value that is at least 2/3 or, in 

some cases, significantly greater than the relevant NAAQS (i.e., areas that 

measure values well under the NAAQS are not required to develop plans).

2) Available monitoring data indicate that ambient lead levels in Connecticut do not 

exceed 10% of the 2008 lead NAAQS. These ambient measurements are 

consistent with the lack of any lead emissions sources in the state that exceed 

EPA’s 0.5 tpy monitoring threshold.

3) EPA has not yet promulgated regulations specifying priority region classifications 

or concentration thresholds for lead. However, based on EPA’s historical 

precedent for other pollutants and available monitoring data, DEEP expects that 

Connecticut would be classified as a Priority III region, thus not required to 

develop an emergency episode plan for lead.

4) Furthermore, 40 CFR 51.152(d)(1) provides the EPA Administrator with the 

discretion to exempt areas designated as attainment or unclassifiable from any 

requirement to develop emergency episode plans. EPA intends to designate 

Connecticut as unclassifiable/attainment for the lead NAAQS by October 14, 

2011, thus qualifying the state for such an exemption.

110(a)(2)(H) 

Future SIP 

revisions

... “provide for revision of such plan - (i) 

from time to time as may be necessary to 

take account of revisions of such national 

primary or secondary ambient air quality 

standard or the availability of improved or 

more expeditious methods of attaining such 

standard, and (ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the Administrator 

that the plan is substantially inadequate to 

attain the national ambient air quality 

standard which it implements or to otherwise 

comply with any additional requirements 

established under this Act;”

Air Quality Implementation Plan, Chapter 13, (March 3, 1972). “This implementation 

plan is intended to be dynamic, not static. To this end, it will be revised when necessary.”

CGS section 22a-174(d). The Commissioner is authorized with all incidental powers 

necessary to control and prohibit air pollution. 

110(a)(2)(I)

Nonattainment 

area plans

...” in the case of a plan or plan revision for 

an area designated as a nonattainment area, 

meet the applicable requirements of part D of 

this subchapter (relating to non attainment 

areas).”

EPA has indicated that Connecticut will be designated as unclassifiable/attainment for the 

2008 lead NAAQS. Therefore, therefore CAA section 110(a)(2)(I) does not apply to 

Connecticut.
8

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(J) 

Consultation 

with government 

officials

Public 

notification

PSD and 

visibility 

Protection

... “meet the applicable requirements of 

section 121 (relating to consultation)

... “meet the applicable requirements of 

section 127 (relating to public notification), 

... “meet the applicable requirements of part 

C (relating to prevention of significant 

deterioration of air quality and visibility 

protection);”

CGS Section 22a-171. Duties of Commissioner of Environmental Protection. “(5) advise 

and consult with agencies of the United States, agencies of the state, political subdivisions 

and industries and any other affected groups in furtherance of the purposes of this 

chapter.”

CGS Section 22a-174(d). “The commissioner shall have all incidental powers to carry 

out the purposes of [Chapter 446c, entitled “Air Pollution Control,” which encompasses 

Conn. Gen. Stat. Sections 22a-170 through 22a-206] . . .

CGS Chapter 54. Uniform Administrative Procedures Act.

State Implementation Plan Revision Advisory Committee (SIPRAC) established in 

1972 and generally meets each month.

 

CGS Section 4-168. Notice prior to action on regulations.

“(a) Except as provided in subsection (g) of this section, an agency, prior to adopting a 

proposed regulation, shall: (1) Give at least thirty days' notice by publication in the 

Connecticut Law Journal of its intended action. The notice shall include..” 

CGS Section 22a-171. Duties of Commissioner of Environmental Protection.

...“(2) Initiate and supervise state-wide programs of air pollution control education;”

CGS Section 22a-174(d). “The commissioner shall have all incidental powers to carry 

out the purposes of [Chapter 446c, entitled “Air Pollution Control,” which encompasses 

Conn. Gen. Stat. Sections 22a-170 through 22a-206] . . . 

RCSA section 22a-174-2a includes administrative requirements for the new source 

review (NSR) program, including notification concerning major sources permits and 

modifications.5

RCSA section 22a-174-3a(k). Permit Requirements for Attainment Areas: Prevention of 

Significant Deterioration of Air Quality (PSD) Program. This section addresses the 

prevention of significant deterioration of air quality and visibility protection.6

 5 DEEP has previously committed to pursue revisions to RCSA 22a-174-2a to include an expansion of our required notice to nearby states consistent with CAA section 126 and 

40 CFR section 51.166(q). In the interim, DEEP will, as a standard procedure, make such notifications to nearby states concerning any tentative determination to issue any major 

source permit or modification under our PSD program.

6 DEEP recognizes that it must update its program infrastructure with respect to the prevention of significant deterioration (PSD) program as it relates to lead significant ambient 

impact levels and significant emission rate thresholds (see RCSA Section 22a-174-3a, Tables 3a(k)-1 and 3a(i)-1 for current requirements). DEEP commits to pursue adoption of 

appropriate regulatory revisions when EPA issues a final document establishing the levels for all required PSD program parameters.
9

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(K) 

Air quality 

modeling/data

... “provide for - (i) the performance of such 

air quality modeling as the Administrator 

may prescribe for the purpose of predicting 

the effect on ambient air quality of any 

emissions of any air pollutant for which the 

Administrator has established a national 

ambient air quality standard, and (ii) the 

submission, upon request, of data related to 

such air quality modeling to the 

Administrator;”

RCSA section 22a-174-2a includes administrative requirements for the new source 

review (NSR) program, including notification concerning major sources permits and 

modifications.7

RCSA section 22a-174-3a(i). Ambient Air Quality Analysis: “The commissioner may 

request any owner or operator to submit an ambient air quality impact analysis using 

applicable air quality models and modeling protocols approved by the commissioner.”

110(a)(2)(L) 

Permitting fees

... “require the owner or operator of each 

major stationary source to pay to the 

permitting authority, as a condition of any 

permit required under this Act, a fee 

sufficient to cover - (i) the reasonable costs 

of reviewing and acting upon any application 

for such a permit, and (ii) if the owner or 

operator receives a permit for such source, 

the reasonable costs of implementing and 

enforcing the terms and conditions of any 

such permit (not including any court costs or 

other costs associated with any enforcement 

action), until such fee requirement is 

superseded with respect to such sources by 

the Administrator's approval of a fee 

program under

title V;”

CGS Section 22a-6(a)(10). “The commissioner may . . . by regulations adopted in 

accordance with the provisions of chapter 54 require the payment of a fee sufficient to 

cover . . . the reasonable cost of reviewing and acting upon an application for and 

monitoring compliance with the terms and conditions of any state or federal permit, 

license, registration, order, certificate or approval required . . . “

CGS Section 22a-6f. Authorizes the commissioner to require annual fees.

CGS Section 22a-174(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. . . .”

RCSA section 22a-174-26(c)(1). “Each person to whom the commissioner issues a 

permit, or a modification or renewal thereto, under section 22a-174-3a, section 22a-174-2a 

and section 22a-174-19 of the Regulations of Connecticut State Agencies shall pay a 

permit fee as prescribed in the fee schedule in subdivision (2) of this subsection.” The fee 

schedule is set forth in Table 26-1 of subsection 2.

RCSA section 22a-174-33(j)(1)(Z). Requires Title V source to pay all fees due under 

RCSA section 22a-174-26. (Approved as satisfying 40 CFR 70.6(a)(7). See 67 FR 31966 

(May 13, 2002)). 

 7 DEEP has previously committed to pursue revisions to RCSA 22a-174-2a to include an expansion of our required notice to nearby states consistent with CAA section 126 and 

40 CFR section 51.166(q). In the interim, DEEP will, as a standard procedure, make such notifications to nearby states concerning any tentative determination to issue any major 

source permit or modification under our PSD program.
10

CAA Section Required CAA Element Corresponding Connecticut Program Element(s)

110(a)(2)(M) 

Consultation

with/ 

participation by 

affected local 

entities

... “provide for consultation and 

participation by local political subdivisions 

affected by the plan.”

CGS Section 4-168. Notice prior to action on regulations. 

Connecticut Air Quality Implementation Plan, Chapter 12 “Intergovernmental 

Relations” (March 3, 1972). “The State will take immediate action in coordinating and 

delegating new responsibilities to local agencies that are prepared to accept the 

responsibility.”

State Implementation Plan Revision Advisory Committee (SIPRAC) established in 

1972 and generally meets each month.