Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program |
|---|
|
H. Curtis Spalding
Environmental Protection Agency
January 27, 2014
[Federal Register Volume 79, Number 17 (Monday, January 27, 2014)]
[Proposed Rules]
[Pages 4308-4313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01502]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0121; A-1-FRL-9905-79-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Connecticut. The regulations adopted by Connecticut include
the California Low Emission Vehicle (LEV) II light-duty motor vehicle
emission standards effective in model year 2008, the California LEV II
medium-duty vehicle standards effective in model year 2009, and
greenhouse gas emission standards for light-duty motor vehicles and
medium-duty vehicles effective with model year 2009. The Connecticut
LEV regulation submitted also includes a zero emission vehicle (ZEV)
provision, as well as emission control label and environmental
performance label requirements. Connecticut has adopted these revisions
to reduce emissions of volatile organic compounds (VOC) and nitrogen
oxides (NOX) in accordance with the requirements of the
Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon
dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition,
Connecticut has worked to ensure that their program is identical to
California's, as required by the CAA. The intended effect of this
action is to propose approval of the Connecticut LEV II program. In
addition, EPA is proposing to approve the removal of the definition and
regulation of ``composite motor vehicles'' from the Connecticut's SIP-
approved vehicle inspection and maintenance program. These actions are
being taken under the CAA.
[[Page 4309]]
DATES: Written comments must be received on or before February 26,
2014.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0121 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2010-0121,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, (mail code OEP05-2), Boston, MA 02109-3912.
Such deliveries are only accepted during the Regional Office's normal
hours of operation. The Regional Office's official hours of business
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0121. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; the Bureau of Air Management, Department of Energy
and Environmental Protection, State Office Building, 79 Elm Street,
Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1668, fax number (617) 918-0668, email
cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Organization of this document.
The following outline is provided to aid in locating information in
this preamble.
I. Background and Purpose
II. The California LEV Program
III. Relevant EPA and CAA Requirements
A. Waiver Process
B. State Adoption of California Standards
IV. Level of Emission Reductions This Program Will Achieve
V. Revisions to the Connecticut Motor Vehicle Inspection Program
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background and Purpose
On January 22, 2010, the Connecticut Department of Environmental
Protection (now known as the Connecticut Department of Energy and
Environmental Protection, CT DEEP) submitted a revision to its State
Implementation Plan (SIP) consisting of Connecticut's Low Emissions
Vehicle II (LEV II) program, as adopted on December 4, 2004, and
subsequently amended on December 22, 2005 and August 4, 2009. The
Connecticut LEV II program is cited as a weight-of-evidence measure in
Connecticut's Attainment Demonstration SIP for the 1997 8-hour ozone
standard, submitted to EPA on February 1, 2008.
On December 4, 2004, Connecticut repealed the provisions of section
22a-174-36 of the Regulations of Connecticut State Agencies, rescinding
both the California Low Emission Vehicle I program and the National Low
Emission Vehicle (NLEV) program. In accordance with section 177 of the
Clean Air Act (CAA) and as required by Connecticut Public Act 04-84,\1\
Connecticut adopted section 22a-174-36b, the California Low Emission
Vehicle II (LEV II) program, including all ``zero emission vehicle''
program elements, commencing with 2008 model year vehicles.
---------------------------------------------------------------------------
\1\ On May 10, 2004, the Governor of the State of Connecticut
signed into law Public Act 04-84, which the General Assembly adopted
on April 22, 2004. Public Act 04-84, amending section 22a-174g of
the Connecticut General Statutes (C.G.S.), directs the Commissioner
of Environmental Protection to adopt regulations by December 31,
2004, in accordance with the provisions of chapter 54 of the C.G.S.,
to implement the light duty motor vehicle emission standards of the
state of California applicable to motor vehicles of model year 2008
and later. Furthermore, this Public Act directs the Commissioner to
amend such regulations from time to time, in accordance with any
changes in the standards made by the state of California. California
has revised its Low Emission Vehicle standards to adopt green house
gas emission standards for passenger cars, light duty trucks and
medium duty passenger vehicles commencing with 2009 and subsequent
model year vehicles.
---------------------------------------------------------------------------
On December 22, 2005, Connecticut amended section 22a-174-36b of
the Regulations of Connecticut State Agencies, making minor technical
corrections and clarifications; adopting California LEV II emission
standards and related provisions for medium-duty vehicles commencing
with the 2009 model year; adopting recently announced revisions
concerning LEV II greenhouse gas emission standards and related
provisions for passenger cars, light duty trucks and medium-duty
[[Page 4310]]
passenger vehicles commencing with the 2009 model year in accordance
with section 177 of the CAA and Connecticut Public Act 04-84; and
providing additional clarification and flexibility with respect to the
implementation of the zero emissions vehicle (ZEV) program in
Connecticut.
On August 4, 2009, Connecticut adopted a third amendment consisting
of revisions to two sections of the air quality regulations concerning
motor vehicles. The recall, warranty, ZEV, and ZEV travel provision
amendments update the Connecticut LEV program consistent with changes
California made to its LEV program. Specifically, section 22a-174-36b
was revised in three respects:
--First, section 22a-174-36b was updated in accordance with Connecticut
Public Act 06-161 \2\ to require manufacturers to place environmental
performance labels starting on 2008 model year and later vehicles sold
or leased in Connecticut on or after January 1, 2009. Labels must
contain a smog score and a global warming score measuring the amount of
greenhouse gas emissions from the car compared to the average emissions
of all vehicle models of the same model year for that class of cars.
The label will provide consumers with information on how a vehicle
purchase will affect the environment.
---------------------------------------------------------------------------
\2\ On June 6, 2006, the Governor of the State of Connecticut
signed into law Public Act 06-161. Public Act 06-161 requires the
Department of Energy and Environmental Protection (DEEP)
commissioner, in consultation with the Department of Motor Vehicles
(DMV) commissioner, to: (1) Establish a greenhouse gas (GHG)
labeling program for new motor vehicles sold or leased in
Connecticut beginning with the 2009 model year; and (2) educate the
public about the labeling program and GHGs. It bars the sale or
lease of a 2009 or later model year motor vehicle without the
required GHG label and funds these programs through a $5 fee the DMV
must impose on new car registrations starting January 1, 2007, and
bars the sale or lease of a 2009 or later model year motor vehicle
without the required GHG label. The Act applies to vehicles with a
gross vehicle weight rating of 10,000 pounds or less.
---------------------------------------------------------------------------
--Second, section 22a-174-36b was updated in accordance with changes
made to the California Air Resources Board (CARB) low emissions vehicle
program, which serves as the basis for section 22a-174-36b. The updated
provisions include the ``travel provisions'' contained in the ZEV
program. Travel provisions amend methods by which manufacturers are
credited when placing zero emission or other advanced technology
vehicles in service in California or any state that has adopted
California's motor vehicle emission control program under section 177
of the CAA.
--Third, technical changes consistent with California's vehicle recall
and warranty provisions were included.
In addition to the amendments to the Connecticut LEV program,
Connecticut's January 22, 2010 SIP revision includes a change in its
motor vehicle emissions inspection program to exempt composite vehicles
from tailpipe inspections. The first change to section 22a-174-27,
``Emission standards and on-board diagnostic II test requirements for
periodic motor vehicle inspection and maintenance,'' consists of
removing the definition of ``composite vehicle'' at section 22a-174-
27(b)(3). This section previously stated, ``Composite Motor Vehicle''
means a vehicle that is designated ``COMP'' or ``COMPO'' in the
``make'' field of an applicable Connecticut motor vehicle registration
certificate.'' The second change was the removal of section 22a-174-
27(e), ``Composite motor vehicles,'' which previously stated, ``For
2005 and earlier model year composite motor vehicles, the maximum
allowable emissions shall be 4.0 VOL. % CO [volume % carbon monoxide]
and 800 ppm HC [parts per million hydrocarbons]. For 2006 and later
model year composite motor vehicles, the maximum allowable emissions
shall be 1.2 VOL. % CO and 220 ppm HC.'' When EPA approved
Connecticut's December 19, 2007 inspection and maintenance program SIP
revision on December 5, 2008 (73 FR 74019), we approved the August 25,
2004 version of section 22a-174-27 into the SIP. The Connecticut
regulation section 22a-174-27, adopted by Connecticut on August 25,
2004, does not reflect Connecticut's Public Act 07-167, which was
signed into law on June 25, 2007 by the Governor of the State of
Connecticut. Public Act 07-167, as codified in Connecticut General
Statutes (C.G.S.) section 14-164c(c), exempts composite vehicles from
on-board diagnostic emissions testing requirements.\3\
---------------------------------------------------------------------------
\3\ Specifically, C.G.S. section 14-164(c) exempts the following
twelve (12) categories from ``an inspection procedure using an on-
board diagnostic information system for all 1996 model year and
newer motor vehicles:'' ``(1) Vehicles having a gross weight of more
than ten thousand pounds; (2) vehicles powered by electricity; (3)
bicycles with motors attached; (4) motorcycles; (5) vehicles
operating with a temporary registration; (6) vehicles manufactured
twenty-five or more years ago; (7) new vehicles at the time of
initial registration; (8) vehicles registered but not designed
primarily for highway use; (9) farm vehicles, as defined in
subsection (q) of section 14-49; (10) diesel-powered type II school
buses; (11) a vehicle operated by a licensed dealer or repairer
either to or from a location of the purchase or sale of such vehicle
or for the purpose of obtaining an official emissions or safety
inspection; or (12) vehicles that have met the inspection
requirements of section 14-103a and are registered by the
commissioner as composite vehicles.'' Section 14-103a further
dictates that the commissioner inspect ``[a]ny motor vehicle that
(1) has been reconstructed, (2) is composed or assembled from the
several parts of other motor vehicles, (3) the identification and
body contours of which are so altered that the vehicle no longer
bears the characteristics of any specific make of motor vehicle, or
(4) has been declared a total loss by any insurance carrier and
subsequently reconstructed.'' EPA interprets the exemption in C.G.S.
section 14-164(c) to apply to all of and only these twelve (12)
categories.
---------------------------------------------------------------------------
II. The California LEV Program
CARB adopted the first generation of LEV regulations (LEV I) in
1990, which were effective through the 2003 model year. CARB adopted
California's second generation LEV regulations (LEV II) following a
November 1998 hearing. Subsequent to the adoption of the California LEV
II program in February 2000, EPA adopted separate Federal standards
known as the Tier 2 regulations (February 10, 2000; 65 FR 6698). In
December 2000, CARB modified the California LEV II program to take
advantage of some elements of the Federal Tier 2 regulations to ensure
that only the cleanest vehicle models would continue to be sold in
California. EPA granted California a waiver for its LEV II program on
April 22, 2003 (68 FR 19811).
The LEV II regulations expanded the scope of the LEV I regulations
by setting strict fleet-average emission standards for light-duty,
medium-duty (including sport utility vehicles) and heavy-duty vehicles.
The standards began with the 2004 model year and increased in
stringency through the 2010 model year and beyond. The LEV II
regulations provide flexibility to auto manufacturers by allowing them
to certify their vehicle models to one of several different emissions
standards. The different tiers of increasingly stringent LEV II
emission standards to which a manufacturer may certify a vehicle are:
Low emission vehicle (LEV), ultra-low emission vehicle (ULEV), super-
ultra low emission vehicle (SULEV), partial zero emission vehicle
(PZEV), advanced technology partial zero emission vehicle (ATPZEV) and
zero emission vehicle (ZEV).
The manufacturer must show that the overall fleet for a given model
year meets the specified phase-in requirements according to the fleet
average non-methane hydrocarbon requirement for that year. The fleet
average non-methane hydrocarbon emission limits are progressively lower
with each model year. The program also requires auto manufacturers to
include a ``smog index'' label on each vehicle sold, which is intended
to inform
[[Page 4311]]
consumers about the amount of pollution produced by that vehicle
relative to other vehicles.
In addition to meeting the LEV II requirements, large or
intermediate volume manufacturers must ensure that a certain percentage
of the passenger cars and lightest light-duty trucks that they market
in California are ZEVs. This is referred to as the ZEV mandate.
California has modified the ZEV mandate several times since it took
effect. Most recently, CARB has put in place an alternative compliance
program (ACP) to provide auto manufacturers with several options to
meet the ZEV mandate. The ACP established ZEV credit multipliers to
allow auto manufacturers to take credit for meeting the ZEV mandate by
selling more PZEVs and ATPZEVs than they are otherwise required to
sell. On December 28, 2006, EPA granted California's request for a
waiver of Federal preemption to enforce provisions of the ZEV
regulations through model year 2011.
On October 15, 2005, California amended its LEV II program to
include greenhouse gas (GHG) emission standards for passenger cars,
light-duty trucks, and medium-duty passenger vehicles. On December 21,
2005, California requested that EPA grant a waiver of preemption under
CAA section 209(b) for its greenhouse gas emission regulations. On June
30, 2009, EPA granted CARB's request for a waiver of CAA preemption to
enforce its greenhouse gas emission standards for model year 2009 and
later new motor vehicles (July 8, 2009; 74 FR 32744-32784). This
decision withdrew and replaced EPA's prior denial of the CARB's
December 21, 2005 waiver request, which was published in the Federal
Register on March 6, 2008 (73 FR 12156-12169).
III. Relevant EPA and CAA Requirements
Section 209(a) of the CAA prohibits states from adopting or
enforcing standards relating to the control of emissions from new motor
vehicles or new motor vehicle engines. However, under section 209(b) of
the CAA, EPA shall grant a waiver of the section 209(a) prohibition to
the State of California unless EPA makes specified findings, thereby
allowing California to adopt its own motor vehicle emissions standards.
Other states may adopt California's motor vehicle emission standards
under section 177 of the CAA.
For additional information regarding California's motor vehicle
emission standards and adoption by other states, please see EPA's
``California Waivers and Authorizations'' Web page at URL address:
http://www.epa.gov/otaq/cafr.htm. This Web site also lists relevant
Federal Register notices that have been issued by EPA in response to
California waiver and authorization requests.
A. Waiver Process
The CAA allows California to seek a waiver of the preemption which
prohibits states from enacting emission standards for new motor
vehicles. EPA must grant this waiver before California's rules may be
enforced. When California files a waiver request, EPA publishes a
notice for public hearing and written comment in the Federal Register.
The written comment period remains open for a period of time after the
public hearing. Once the comment period expires, EPA reviews the
comments and the Administrator determines whether the requirements for
obtaining a waiver have been met.
According to CAA section 209--State Standards, EPA shall grant a
waiver unless the Administrator finds that California:
--was arbitrary and capricious in its finding that its standards are in
the aggregate at least as protective of public health and welfare as
applicable Federal standards;
--does not need such standards to meet compelling and extraordinary
conditions; or
--proposes standards and accompanying enforcement procedures that are
not consistent with section 202(a) of the CAA.
The most recent EPA waiver relevant to EPA's proposed approval of
Connecticut's LEV program is ``California State Motor Vehicle Pollution
Control Standards; Notice of Decision Granting a Waiver of Clean Air
Act Preemption for California's 2009 and Subsequent Model Year
Greenhouse Gas Emission Standards for New Motor Vehicles'' (July 8,
2009; 74 FR 32744-32784). This final rulemaking allows California to
establish standards to regulate greenhouse gas emissions from new
passenger cars, light-duty trucks and medium-duty vehicles. The four
new greenhouse gas air contaminants added to California's existing
regulations for criteria and criteria-precursor pollutants and air
toxic contaminants are: carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), and
hydrofluorocarbons (HFCs).
B. State Adoption of California Standards
Section 177 of the CAA allows other states to adopt and enforce
California's standards for the control of emissions from new motor
vehicles, provided that, among other things, such state standards are
identical to the California standards for which a waiver has been
granted under CAA section 209(b). In addition, the state must adopt
such standards at least two years prior to the commencement of the
model year to which the standards will apply. EPA issued guidance
(CISD-07-16) \4\ regarding its cross-border sales policy for
California-certified vehicles. This guidance includes a list and map of
states that have adopted California standards, specific to the 2008-
2010 model years. All SIP revisions submitted to EPA for approval must
also meet the requirements of CAA section 110.
---------------------------------------------------------------------------
\4\ See EPA's October 29, 2007 letter to Manufactures regarding
``Sales of California-certified 2008-2010 Model Year Vehicles
(Cross-Border Sales Policy),'' with attachments. Attachment 1--EPA
Policy on Cross-Border Sales of 2008 to 2010 Model Years California-
Certified Vehicles; Attachment 2--Questions and Answers on EPA's
Cross Border Sales Policies; and Attachment 3--Updated summary table
and a set of maps reflecting the status of Section 177 states by
model year. http://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
---------------------------------------------------------------------------
The provisions of Connecticut Public Act 04-84 and section 177 of
the CAA both require the Connecticut Department of Energy and
Environmental Protection to amend the Connecticut LEV program at such
time as the State of California amends its California LEV program.
Connecticut has demonstrated its commitment to maintain a Connecticut
LEV program consistent with the California LEV program through the
adoption of two regulatory amendments to Connecticut's initial LEV
program.
EPA notes that a number of California Code of Regulations (CCR)
Title 13 provisions incorporated-by-reference in section 22a-174-36b
were amended by California in January of 2010 and became operative
under California State law on February 13, 2010. As the Connecticut SIP
revision was submitted to EPA on January 22, 2010, these subsequent
revisions to California regulations will be addressed by Connecticut at
a later date.\5\
---------------------------------------------------------------------------
\5\ On August 1, 2013, Connecticut adopted revisions to Section
22a-174-36b ``Low Emission Vehicle II Program'' and Section 22a-174-
36c ``Low Emission Vehicle III Program.'' These regulations have not
yet been submitted to EPA as a SIP revision and are not part of
today's action.
---------------------------------------------------------------------------
IV. Level of Emission Reductions This Program Will Achieve
The Connecticut LEV program is included in Connecticut's February
1, 2008 8-hour ozone attainment demonstration SIP as a weight-of-
[[Page 4312]]
evidence measure, but Connecticut does not rely on the LEV program for
any specific level of emission reduction. If EPA finalizes its proposed
approval of the Connecticut LEV program into the SIP, future emission
benefit from this program could be calculated through EPA's Motor
Vehicle Emissions Simulator Model, MOVES2010, which was officially
released on March 2, 2010 (75 FR 9411).
V. Revisions to the Connecticut Motor Vehicle Inspection Program
Regulations of Connecticut State Agencies section 22a-174-27
establishes emissions standards and test requirements for the periodic
motor vehicle inspection and maintenance program to ensure that EPA-
required air quality benefits are achieved. EPA previously approved
this motor vehicle inspection and maintenance program into the
Connecticut SIP. (See December 5, 2008; 73 FR 74019.) On June 25, 2007,
the Governor of the State of Connecticut signed into law Public Act 07-
167, which the General Assembly adopted on June 4, 2007. Public Act 07-
167 as codified in Connecticut General Statutes section 14-164c(c)
added a specific exemption for composite vehicles from on-board
diagnostic inspection, while maintaining that composite vehicles
continue to be subject to inspection requirements of section 14-103a.
The amendments to Connecticut General Statutes section 14-164c and its
corresponding SIP amendments will exempt composite vehicles from unique
tailpipe emission testing and on-board diagnostic inspection.
According to the Connecticut Department of Motor Vehicles, a
composite vehicle is defined as, ``Any motor vehicle composed or
assembled from several parts of other motor vehicles, or the
identification and body contours of which are so altered that the
vehicle no longer bears the characteristics of any specific make of
motor vehicle. Any vehicle not assembled by a manufacturer licensed as
such in the State of Connecticut is classified as a composite motor
vehicle.'' Connecticut Inspection and Maintenance Program data
indicates that in 2007, there were 359 composite motor vehicles in
Connecticut. After application of existing emission inspection
exemptions found in 14-164(c) of the Connecticut General Statutes, only
100 of 359 composite motor vehicles would be required to be inspected
by the Division of Motor Vehicles each year. Exempting these 100
vehicles from Connecticut's Inspection and Maintenance program, which
applies to approximately 1,959,000 vehicles, will not have significant
air quality impacts.
During the inspection and maintenance cycle of January 1, 2008 to
December 31, 2009, 1,934,285 gasoline-powered vehicles and 24,758
diesel-powered vehicles received initial Connecticut inspection and
maintenance testing. Exempting the 100 cars, which have all emission-
related components and settings and are subject to all applicable
emission regulations, from a state emission inspection will not change
the motor vehicle inspection and maintenance program inputs in
MOVES2010, nor will it change the resulting motor vehicle emission
factors generated by MOVES2010. Furthermore, EPA believes removing
composite motor vehicle from emission testing does not contravene the
anti-backsliding provisions established in section 110(l) of the CAA.
VI. Proposed Action
EPA is proposing to approve into the Connecticut SIP Connecticut's
section 22a-174-36b, Low Emission Vehicle (LEV II) program, which was
submitted to EPA on January 22, 2010. EPA is also proposing to approve
section 22a-174-36(i) of the Connecticut State Regulations, which
eliminates Connecticut's earlier National Low Emission Vehicle (NLEV)
program and Connecticut's Low Emission Vehicle (LEV I) program and
replaces them with the Connecticut LEV II program. The Connecticut Low
Emission Vehicle II program adopted by Connecticut includes: The
California LEV II light-duty program beginning with model year 2008;
the California LEV II medium-duty vehicle emission standards beginning
with model year 2009; the California LEV II green house gas emission
standards for passenger cars, light-duty trucks and medium-duty
passenger vehicles commencing with 2009 model year vehicles;
environmental performance labeling (with labels containing both smog
scores and global warming scores) for 2008 model year and later
vehicles; and the California ZEV provision. EPA is proposing to approve
the Connecticut LEV II program requirements into the SIP because EPA
has found that the requirements are consistent with the CAA.
Finally, EPA is proposing to remove Connecticut's section 22a-174-
27(b)(3), the definition of composite motor vehicle, and section 22a-
174-27(e), the maximum allowable composite motor vehicle emissions,
from the Connecticut SIP. Composite motor vehicles were eliminated from
Connecticut's motor vehicle emission inspection program in 2007,
consistent with Public Act 07-167 as codified in section 14-164c(c) of
the General Statute of Connecticut.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
[[Page 4313]]
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 15, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014-01502 Filed 1-24-14; 8:45 am]
BILLING CODE 6560-50-P