Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program |
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H. Curtis Spalding
Environmental Protection Agency
March 17, 2015
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13768-13771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05964]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0121; A-1-FRL-9915-05-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approve the Connecticut LEV II program. In addition, EPA
is approving 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 in accordance with the CAA.
DATES: This rule is effective on April 16, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0121. All documents in the docket
are listed on the www.regulations.gov Web site. 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 through
www.regulations.gov or in hard copy at the 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.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
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. Response to Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 27, 2014 (79 FR 4308), EPA published a Notice of
Proposed Rulemaking (NPR) for the State of Connecticut, ``Approval and
Promulgation of Air Quality Implementation Plans; Connecticut; Low
Emission Vehicle Program.'' The NPR proposed approval of Connecticut's
Low Emissions Vehicle II (LEV II) program, as adopted by Connecticut 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. The
formal LEV II SIP revision was submitted by Connecticut on January 22,
2010.
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,
Connecticut adopted section 22a-174-
[[Page 13769]]
36b, the California Low Emission Vehicle II (LEV II) program, including
all ``zero emission vehicle'' program elements, commencing with 2008
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
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.
In addition to the amendments to the Connecticut LEV program,
Connecticut's January 22, 2010 SIP revision includes a change in its
motor vehicle inspection and maintenance (I/M) program to exempt
composite vehicles from I/M program testing.
Other specific requirements of Connecticut's LEV II and motor
vehicle I/M programs and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here.
II. Response to Public Comments
EPA received comments on the NPR from one anonymous commenter. This
commenter supported the effort of Connecticut and other states to
follow California's lead in implementing a low emission vehicle
program. The commenter went on to identify three specific issues: (1)
Market failure with public transportation; (2) cars manufactured before
2008; and (3) monitoring emissions.
The action before EPA is to approve or disapprove Connecticut's
request to revise its SIP to include California 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 program submitted is identical to California's program,
as required by the Clean Air Act, and includes a ZEV provision, as well
as emission control label and environmental performance label
requirements. Connecticut's SIP revision also includes a minor
amendment to the state's motor vehicle inspection and maintenance (I/M)
program which exempts composite vehicles from I/M program testing.
The workings of the public transportation system and the
development of new light rail transportation systems referenced by the
commenter is not germane to the approval of the submitted Connecticut
SIP revision.
In addition, motor vehicles manufactured prior to 2008 are not
covered by Connecticut's LEV II program. These vehicles were required
to be manufactured in accordance with the Federal Tier 1 and Tier 2
Vehicle and Gasoline Sulfur Program, as well as the Northeast National
Low Emission Vehicle Program, the programs in place at that time. Pre-
2008 motor vehicles registered in Connecticut are also subject to
Connecticut's I/M program which is further discussed below.
In the third and final issue, the commenter asks how emissions
would be monitored and ``how often the rule/law require[s] drivers to
go have a reading made.'' This issue is not relevant to the approval of
Connecticut's LEV II program. The Connecticut LEV II program includes
requirements that apply to the manufacturer of motor vehicles, not the
drivers of motor vehicles. Connecticut's motor vehicle I/M program
does, however, contain requirements for drivers. EPA previously
approved Connecticut's I/M program into the SIP on December 5, 2008 (73
FR 74019). This program requires biennial inspections for all subject
motor vehicles that are at least four years old. Connecticut's I/M
program covers all gasoline and diesel vehicles, light duty trucks, and
heavy duty vehicles that are 25 years old and newer and registered in
the State. In today's action, EPA is approving a minor amendment to
that program. Specifically, composite vehicles are being exempted from
I/M program testing. As explained in EPA's NPR, this exemption would
exempt only 100 vehicles from Connecticut's I/M program which applies
to approximately 1,959,000 vehicles, and will not have significant air
quality impacts. Other aspects of Connecticut's I/M program including
the periodic inspection requirement remain as approved by EPA on
December 5, 2008 (73 FR 74019).
III. Final Action
EPA is approving Connecticut's Low Emission Vehicle Program as a
revision to the Connecticut SIP. Specifically, EPA is incorporating
into the SIP Regulations of Connecticut State Agencies (RCSA) section
22a-174-36b entitled ``Low Emission Vehicles II Program,'' effective in
the State of Connecticut on August 10, 2009.
EPA is also approving Connecticut's revised Motor Vehicle
Inspection and Maintenance Program as a revision to the Connecticut
SIP. Specifically, EPA is incorporating into the SIP Regulations of
Connecticut State Agencies (RCSA) section 22a-174-27 entitled
``Emission standards and on-board diagnostic II test requirements for
periodic motor vehicle inspection and maintenance,'' effective in the
State of Connecticut on August 10, 2009.
IV. 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 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 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
[[Page 13770]]
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
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 18, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
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.
Dated: July 29, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Editorial note: This document was received for publication by the
Office of Federal Register on March 11, 2015.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.370 is amended by redesignating paragraph (c)(98)(i)(A)
as (c)(98)(i)(A)(1) and adding paragraphs (c)(98)(i)(A)(2) and (c)(105)
to read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(98) * * *
(i) * * *
(A) * * *
(2) In revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 22, 2010
section 22a-174-27 (e) was repealed by the State of Connecticut
effective August 10, 2009. Section 22a-174-27 (e), which was approved
in paragraph (c)(98)(i)(A)(1), is removed from the SIP without
replacement; see paragraph (c)(105)(i)(B) of this section.
* * * * *
(105) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 22, 2010.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,''
(1) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,'' effective
December 22, 2005, revisions to the following provisions (including the
text that appears in underline): Sections 22a-174-36b (a), (b), (d),
(f) through (j), (l), (m), (n), and (o).
(2) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,'' effective August
10, 2009, revisions to the following provisions: Sections 22a-174-36b
(c), (e), and (k), as published in the Connecticut Law Journal on
September 8, 2009.
(B) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-27 entitled ``Emission standards and on-board diagnostic II test
requirements for periodic motor vehicle inspection and maintenance,''
effective August 10, 2009, revisions to Section 22a-174-27 (b), as
published in the Connecticut Law Journal on September 8, 2009.
0
3. In Sec. 52.385, Table 52.385 is amended by revising the second
entry for state citation 22a-174-27; adding a new entry for state
citation 22a-174-27 after the existing two entries; and adding two new
entries for state citation 22a-174-36b in numerical order to read as
follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
[[Page 13771]]
Table 52.385--EPA-Approved Regulations
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Dates
-------------------------------- Federal Register
Connecticut State citation Title/Subject Date adopted Date approved citation Section 52.370 Comments/Description
by State by EPA
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* * * * * * *
22a-174-27........................ Emission standards 8/25/04 12/05/08 74 FR 74019 (c)(98) DEP regulations
and on-board including emissions
diagnostic II test standards and OBD2
requirements for requirements.
periodic motor Paragraph
vehicle inspection 52.370(c)(98) was
and maintenance. revised March 17,
2015 by
redesignating
paragraph
(c)(98)(i)(A) as
(c)(98)(i)(A)(1) and
adding paragraph
(c)(98)(i)(A)(2) to
read as follows: (2)
In revisions to the
State Implementation
Plan submitted by
the Connecticut
Department of
Environmental
Protection on
January 22, 2010
section 22a-174-27
(e) was repealed by
the State of
Connecticut
effective August 10,
2009. Section 22a-
174-27 (e), which
was approved in
paragraph
(c)(98)(i)(A)(1), is
removed from the SIP
without replacement;
see paragraph
(c)(105)(i)(B) of
this section.
22a-174-27........................ Emission standards 8/10/09 3/17/15 [Insert Federal (c)(105) This SIP revision
and on-board Register citation] includes a change to
diagnostic II test exempt composite
requirements for vehicles from
periodic motor tailpipe
vehicle inspection inspections.
and maintenance. Revision to Section
22a-174-27 (b) and
removal of Section
22a-174-27 (e).
* * * * * * *
22a-174-36b....................... Low Emission Vehicles 12/22/05 3/17/15 [Insert Federal (c)(105) Adoption of
II Program.. Register citation] Connecticut's Low
Emissions Vehicle II
(LEV II) Program.
Sections 22a-174-36b
(a), (b), (d), (f)
through (j), (l),
(m), and new
sections (n) and
(o).
22a-174-36b....................... Low Emission Vehicles 8/10/09 3/17/15 [Insert Federal (c)(105) Sections 22a-174-36b
II Program.. Register citation] (c), (e), and (k).
* * * * * * *
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[FR Doc. 2015-05964 Filed 3-16-15; 8:45 am]
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