Notice of Intent of Three Revisions to the State Implementation Plan for Air Quality 

Notice of Intent of Three Revisions to the State Implementation Plan for Air Quality:

Reasonably Available Control Technology Analysis under the 2008 8-Hour Ozone National Ambient Air Quality Standard Reclassification to Severe Nonattainment for the Connecticut Portion of the New York-N. New Jersey- Long Island Nonattainment Area;
Certification of Adequacy of the Connecticut State Implementation Plan to Satisfy the Nonattainment New Source Review Requirements of the Clean Air Act for the 2008 8-Hour Ozone National Ambient Air Quality Standard Reclassification to Severe Nonattainment for the Connecticut Portion of the New York-N. New Jersey- Long Island Nonattainment Area; and
Emission Statement Certification for the 2008 8-Hour Ozone National Ambient Air Quality Standard Reclassification to Severe Nonattainment for the Connecticut Portion of the New York-N. New Jersey- Long Island Nonattainment Area

The Commissioner of the Department of Energy and Environmental Protection (DEEP) hereby gives notice of intent of three revisions to the State Implementation Plan (SIP).  The first SIP revision addresses sections 182 and 184 of the Clean Air Act (CAA) with respect to reasonably available control technology (RACT) for the reclassification of the Connecticut portion of the New York-Northern New Jersey-Long Island (NY-NNJ-CT) nonattainment area to severe nonattainment for the 2008 ozone national ambient air quality standard (NAAQS).  DEEP’s most recent RACT SIP was submitted on May 23, 2023 for the reclassification of the Greater Connecticut nonattainment area to moderate nonattainment under the 2015 ozone NAAQS, and this analysis recognizes source emissions and regulatory requirements that have changed since the 2023 submission. 

The second SIP revision certifies the adequacy of the SIP to satisfy the nonattainment new source review (NSR) permitting requirements of the CAA for the reclassification to severe nonattainment for the Connecticut portion of the NY-NNJ-CT nonattainment area for the 2008 ozone NAAQS. 

The third SIP revision certifies that the emission statement program satisfies the requirements of Section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS. 

The authority to adopt this SIP revision is granted by sections 22a-171 and 22a-174 of the Connecticut General Statutes.  This notice is required pursuant to 40 Code of the Federal Regulations (CFR) 51.102. 

All three of the above-mentioned SIP revisions will be submitted to the U.S. Environmental Protection Agency (EPA) for review and approval.  Descriptions of each SIP revision are as follows: 
RACT/RACM Analysis under the 2008 8-Hour Ozone NAAQS.  DEEP is required to adopt RACT for (1) all volatile organic compound (VOC) sources covered by a control techniques guideline (CTG); and (2) all major non-CTG sources of nitrogen oxides (NOx) and VOC.  For the purposes of this analysis, a major source is one emitting or with the potential to emit 50 tons per year of NOx or VOC in a serious nonattainment area or 25 tons per year of NOx or VOC in a severe nonattainment area.  Connecticut’s current regulatory requirements generally accomplish a RACT level of control for both VOC and NOx, though DEEP commits to seek to amend requirements for municipal waste combustors to correct deficiencies.

The SIP revision includes an overview of RACT implementation in Connecticut; a description of state, regional and federal measures to reduce ozone precursor emissions; a review of Connecticut’s requirements for CTG sources; and an identification and analysis of Connecticut’s major non-CTG sources of NOx and VOC. 

Adequacy of the Nonattainment NSR Permitting Requirements.  DEEP is required under CAA section 182 to have a permit program for the construction and operation of each new or modified major stationary source in an ozone nonattainment area.  The permit program requirements must be maintained as required by EPA in regulation.  Connecticut has an existing statewide NSR permit program.  DEEP certifies that the existing nonattainment NSR requirements in sections 22a-174-1 and 22a-174-3a of the Regulations of Connecticut State Agencies (RCSA) satisfy the requirements of CAA section 182 and 40 CFR 51.165 for the reclassification of the Connecticut portion of the NY-NNJ-CT nonattainment area to severe nonattainment for the 2008 ozone NAAQS.  The SIP revision consists of a list of the Connecticut regulatory requirements that satisfy the requirements of 40 CFR 51.165.

Adequacy of the Emission Statement Program.  Through a combination of permitting, reporting and inventory requirements, DEEP satisfies the emissions statement provisions of CAA section 182(a)(3)(B) for the 2008 ozone NAAQS. 

Written comments.  Interested persons are invited to submit written comments on the proposal. Comments should be submitted no later than 4 pm on November 6, 2024 via electronic mail to Merrily Gere at merrily.gere@ct.gov

Public hearing.  In addition to accepting written comments, DEEP will also hold a public hearing, only upon request, on November 5, 2024.  A request to hold the hearing may be made by any person by electronic mail to merrily.gere@ct.gov.  Such a request must be made by 4:00 PM on October 17, 2024.  If no request for a hearing is received on or before October 17, 2024, the hearing will be cancelled.  Information on the status of the hearing and details concerning the hearing format and timing, if it is not cancelled, will be posted on DEEP’s website at Public Notices: Proposed State Implementation Plan Revisions as of October 24, 2024.  Questions concerning the cancellation of the public hearing may be directed to merrily.gere@ct.gov or 860- 424-3416. 

Additional information.  The SIP revisions described above are posted on the DEEP website at Public Notices: Proposed State Implementation Plan Revisions.  For further information, contact Merrily Gere of the Bureau of Air Management by electronic mail to merrily.gere@ct.gov

DEEP is an Affirmative Action/Equal Opportunity Employer that is committed to complying with the requirements of the Americans with Disabilities Act.  Please contact us at (860) 418- 5910 or deep.accommodations@ct.gov if you: have a disability and need a communication aid or service; have limited proficiency in English and may need information in another language; or if you wish to file an ADA or Title VI discrimination complaint.  Any person needing a hearing accommodation may call the State of Connecticut relay number - 711.  To facilitate efforts to provide an accommodation, please request all accommodations as soon as possible following publication of this notice. 

Draft RACT SIP
Draft NNSR Certification
Draft Emission Statement Certification