Air Plan Approval; Connecticut; Revision of the Low Emission Vehicles Program |
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Ken Moraff
Environmental Protection Agency
16 January 2018
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Proposed Rules]
[Pages 2097-2100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00477]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0697; FRL-9972-98-Region 1]
Air Plan Approval; Connecticut; Revision of the Low Emission
Vehicles Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Connecticut on December 14, 2015. This SIP revision includes
Connecticut's revised regulation for new motor vehicle emission
standards. Connecticut has updated its rule to be consistent with
various updates made to California's low emission vehicle (LEV)
program. The Connecticut LEV regulations also include updates to the
zero emission vehicle (ZEV) provision. Connecticut has adopted these
revisions to reduce emissions of volatile organic compounds (VOC),
particulate matter (PM), and nitrogen oxides (NOX) in
accordance with the requirements of the Clean Air Act (CAA), as well as
to reduce greenhouse gases. The intended effect of this action is to
propose approval of Connecticut's December 14, 2015 SIP revision. This
action is being taken under the CAA.
DATES: Written comments must be received on or before February 15,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0697 at www.regulations.gov, or via email to
rackauskas.eric@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available
docket materials are available at www.regulations.gov or at the 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.
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1628, fax number (617) 918-
0628, email rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. The California LEV Program
III. Relevant EPA and CAA Requirements
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On December 14, 2015, the Connecticut Department of Energy and
Environmental Protection (DEEP) submitted a revision to its SIP
consisting of the amended Section 22a-174-36b ``Low Emission Vehicle II
Program'' (LEV II) and the newly adopted Section 22a-174-36c ``Low
Emission Vehicle III Program'' (LEV III) of the Regulations of
Connecticut State Agencies (RCSA). This SIP revision proposes to adopt
regulations to mirror the California Air Resources Board (CARB)
emission limits for new passenger cars, light-duty trucks, and medium-
duty passenger vehicles sold, leased, imported, delivered, purchased,
rented, acquired, or received in the State of Connecticut.
Connecticut's amended LEV II and adopted LEV III programs were
submitted as part of an overall revision to their ``infrastructure
SIP'' for the 2012 Fine Particle (PM2.5) National
[[Page 2098]]
Ambient Air Quality Standards (NAAQS), as required by section 110(a)(1)
and (2) of the CAA.
EPA previously approved RCSA Section 22a-174-36b (LEV II) into the
Connecticut SIP on March 17, 2015 (80 FR 13768). The SIP revision
approved on March 17, 2015, adopted the California LEV II program,
which was effective in Connecticut on December 4, 2004, and
subsequently amended on December 22, 2005, August 4, 2009, and
September 10, 2012. The previously SIP-approved LEV II program also
included all elements of the ZEV program, commencing with 2008 model
year vehicles. The current version of Connecticut's LEV II program
regulation, which is being proposed for approval, was amended with an
effective date of August 1, 2013. The revised Connecticut LEV II
program, submitted as part of Connecticut's December 14, 2015 SIP
revision, contains minor updates that place an end date to LEV II
program standards of model year 2014, for vehicles bought in
Connecticut. Any 2015 and subsequent model year vehicle is regulated by
the more stringent RCSA Section 22(a)-174-36c (LEV III), also effective
in CT on August 1, 2013.
Connecticut's revised regulations also include updates to the
California ZEV program. In 2003, CARB finalized modifications to the
ZEV program that better aligned the requirements with the status of
then-available technology development. The updated CARB regulations
require that 10% of vehicles be ZEVs starting in 2005, and allow
manufacturers to earn and bank credits for those types of vehicles
produced before 2005. The program also includes an ``alternative
compliance path'' that allowed advanced technology partial ZEVs (AT
PZEVs) (e.g. gasoline electric hybrids) to be used to meet ZEV program
requirements, provided that manufacturers meet a requirement that a
portion of the motor vehicle fleet be fueled by hydrogen fuel cells.
The modifications to the ZEV program also broadened the scope of
vehicles that qualified for meeting a portion of the ZEV sales
requirement.
Additionally, Connecticut's LEV III regulation includes the
California updates to the State's greenhouse gas (GHG) program. This
update applies to all passenger cars, light-duty trucks, and medium-
duty vehicles for 2017 and subsequent model years. Connecticut
previously adopted a GHG provision as part of its LEV II regulation,
which applies to model year 2009-2016 vehicles. The updated Connecticut
GHG language mirrors the California GHG regulation.
II. The California LEV Program
CARB adopted the first generation of LEV regulations (LEV I) in
1990, which impacted vehicles through the 2003 model year. CARB adopted
California's second generation LEV regulation (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). In 2012, CARB `packaged' the third
generation LEV program (LEV III) with updated GHG emission standards
and ZEV requirements as part of California's Advanced Clean Cars (ACC)
program. EPA granted California a waiver for the ACC program on January
9, 2013 (78 FR 2112).
The LEV II and LEV III regulations expanded the scope of 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 for LEV II began with the 2004 model year
and increased in stringency with each vehicle model year. The LEV III
standards began in 2015 and continue to increase emission stringency
with each progressive vehicle model year through 2025 and beyond.
An automobile manufacturer must show that the overall vehicle 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 consumers about the amount of
pollution produced by that vehicle relative to other vehicles.
In addition to meeting the LEV II and LEV III requirements, large
or intermediate volume manufacturers must ensure that a certain
percentage of the passenger cars and 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. One modification allowed 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 partial ZEVs (PZEVs) and AT PZEVs 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 the 2011 vehicle model year. In a letter dated June
27, 2012, CARB requested that EPA grant a waiver of preemption that
allowed updated ZEV regulations as part of the ACC program. These
updated ZEV regulations will require manufacturers to produce
increasing numbers of ZEVs and plug-in hybrid electric vehicles in 2018
and subsequent years. EPA granted this waiver on January 9, 2013 (78 FR
2112).
On October 15, 2005, California amended its LEV II program to
include 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 GHG regulations. On June 30, 2009, EPA granted CARB's
request for a waiver of CAA preemption to enforce its GHG emission
standards for new model year 2009 and subsequent model year motor
vehicles (July 8, 2009; 74 FR 32744-32784). Approval for updated and
extended GHG emissions standards was granted by EPA as part of the
January 9, 2013 ACC waiver (78 FR 2112), which includes regulations
that incrementally reduce GHG emissions though 2025 and beyond.
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 if EPA makes specified findings, thereby
allowing California to adopt its own motor vehicle emission standards.
Furthermore, 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:
www.epa.gov/otaq/cafr.htm. This website also lists relevant Federal
Register notices that have been issued
[[Page 2099]]
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 Advanced Clean Car Program and a Within
the Scope confirmation for California's Zero Emissions Vehicle
Amendments for 2017 and Earlier Model Years'' (January 9, 2013; 78 FR
2112-2145). This final rulemaking allows California to strengthen
standards for LEV regulations and GHG emissions from passenger cars,
light-duty trucks and medium-duty vehicles. It also allows for
continuing ZEV regulations by requiring more ZEV manufacturing and
sales through 2025 and subsequent years.
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) \1\ 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(l).
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\1\ See EPA's October 29, 2007 letter to Manufacturers regarding
``Sales of California-certified 2008-2010 Model Year Vehicles
(Cross-Border Sales Policy),'' with attachments. https://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
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The provisions of section 177 of the CAA require Connecticut 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 LEV program through the
continued adoption of regulatory amendments to Connecticut's initial
LEV program.
In addition, Connecticut's December 14, 2015 SIP submittal meets
the requirements of section 110(l) of the CAA because the SIP revision
would not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. This SIP revision sets new requirements, the
California LEV III standards, that are more stringent than the
California LEV I and LEV II standards previously approved into the
Connecticut SIP, and expands program coverage to model year vehicles
not covered by the California LEV I and LEV II standards, and by
extension, not previously included in the Connecticut SIP. Though the
SIP revision places an end date to model year cars covered under the
LEV II program, it also adopts the more stringent LEV III program to
apply to model years immediately following the LEV II regulated
vehicles. Connecticut's SIP revision also includes increasingly
stringent GHG emissions and LEV sales requirements that are not
currently part of the Connecticut SIP.
IV. Proposed Action
EPA is proposing to approve, and incorporate into the Connecticut
SIP, Connecticut's revised RCSA Section 22a-174-36b (LEV II) and
adopted RCSA Section 22a-174-36c (LEV III), effective in the State of
Connecticut on August 1, 2015, and submitted to EPA on December 14,
2015. The new and revised regulations include: Ending the California
LEV II program with model year 2014 vehicles and adopting the
California LEV III program for model year 2015 and subsequent model
year vehicles, the updated California GHG provisions, and the updated
ZEV provisions. EPA is proposing to approve Connecticut's revised RCSA
Section 22a-174-36b and adopted RCSA Section 22a-174-36c into the
Connecticut SIP because EPA has found that the requirements are
consistent with the CAA.
In addition, EPA is proposing to remove 40 CFR 52.381, which was
promulgated on January 24, 1995 (60 FR 4737). This section states that
Connecticut must comply with the requirements of 40 CFR 51.120, which
are to implement the Ozone Transport Commission (OTC) LEV program. As
noted above, Connecticut subsequently adopted the California LEV and
LEV II programs. Furthermore, today's proposed approval of
Connecticut's revised LEV II and adopted LEV III programs, if
finalized, will add California's even more stringent standards into
Connecticut's SIP. Thus, Connecticut has satisfied 40 CFR 52.381, and
therefore, EPA is proposing to remove 40 CFR 52.381 from the Code of
Federal Regulations. In addition, on March 11, 1997, the U.S. Court of
Appeals for the District of Columbia Circuit vacated the provisions of
40 CFR. 51.120. See Virginia v. EPA, 108 F.3d 1397. Because of the
vacatur, EPA concludes that 40 CFR 52.381 is, in any event, obsolete.
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 this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Connecticut's regulations cited in Section IV of this
proposed rulemaking. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and at the appropriate EPA.
[[Page 2100]]
VI. 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 Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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: January 2, 2018.
Ken Moraff,
Acting Regional Administrator, EPA New England.
[FR Doc. 2018-00477 Filed 1-12-18; 8:45 am]
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