Air Plan Approval; Connecticut; Motor Vehicle Inspection and Maintenance Program Certification

Alexandra Dunn
Environmental Protection Agency
1 February 2019

[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Proposed Rules]
[Pages 1015-1016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0168; FRL-9988-29-Region 1]


Air Plan Approval; Connecticut; Motor Vehicle Inspection and 
Maintenance Program Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the motor vehicle emissions inspection and maintenance (I/M) 
program certifications contained in State Implementation Plan (SIP) 
revisions submitted by the State of Connecticut relating to the 2008 8-
hour ozone National Ambient Air Quality Standards (NAAQS). The SIP 
revisions pertain to the Greater Connecticut and the Connecticut 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
moderate ozone nonattainment areas. The intended effect of this action 
is to propose approval of Connecticut's motor vehicle emissions I/M 
program certifications. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before March 4, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0168 at https://www.regulations.gov, or via email to 
hubbard.elizabeth@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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 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: Elizabeth Hubbard, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 
Post Office Square--Suite 100 (Mail Code: OEP05-2), Boston, MA 02109-
3912; (617) 918-1614; hubbard.elizabeth@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. Description of State's I/M Program Certifications
III. Evaluation of State's SIP-Approved I/M Program
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 17, 2017, the Connecticut Department of Energy and 
Environmental Protection (DEEP) submitted a SIP revision regarding the 
2008 ozone NAAQS for the Greater Connecticut moderate nonattainment 
area. On August 8, 2017, Connecticut DEEP submitted a SIP revision for 
the State's portion of the New York-Northern New Jersey-Long Island 
(NY-NJ-CT) moderate nonattainment area for the 2008 ozone NAAQS. On 
October 1, 2018, EPA published a final rulemaking (See 83 FR 49297) 
approving several portions of the January 17, 2017 and August 8, 2017 
SIP submittals; the final rule approved reasonable further progress 
(RFP) demonstrations, motor vehicle emissions budgets (MVEBs), 
reasonably available control measures (RACM) analyses, and contingency 
measures for the Greater Connecticut and the Connecticut portion of the 
NY-NJ-CT moderate ozone nonattainment areas. In this proposed 
rulemaking action, we are proposing to approve submittals for the motor 
vehicle emissions inspection and maintenance (I/M) program 
certifications for the 2008 ozone NAAQS for both the Greater 
Connecticut and the Connecticut portion of the NY-NJ-CT moderate 
nonattainment areas. Although Connecticut's January 17, 2017 and August 
8, 2017 submittals also included attainment demonstrations for the 2008 
ozone standard, we are not addressing those submittals in this proposed 
rulemaking. Additional background information can be found in our 
October 1, 2018 final rule (83 FR 49297), the final rule's associated 
proposed rulemaking on August 3, 2018 (83 FR 38104), and at https://www.regulations.gov within the Docket ID No. EPA-R01-OAR-2016-0168.

II. Description of State's I/M Program Certifications

    Under the 2008 ozone NAAQS requirements, Connecticut is required to 
implement a basic I/M program for light-duty motor vehicles. However, 
due to more stringent nonattainment designations under previous NAAQS 
and Connecticut's inclusion as part of the Ozone Transport Region 
(OTR), Connecticut implements an enhanced I/M program. The enhanced I/M 
program tests gasoline-fueled and diesel-fueled motor vehicles through 
10,000 pounds

[[Page 1016]]

gross vehicle weight rating (GVWR), requires onboard diagnostic testing 
on Model Year (MY) 1996 and newer vehicles, and requires more 
comprehensive tailpipe testing on MY 1995 and older vehicles. The 
enhanced I/M program also implements an Emissions Control Device 
Inspection through visual inspection for the presence of catalytic 
converter(s) and other major emissions control equipment.

III. Evaluation of State's SIP-Approved I/M Program

    Connecticut's I/M program was first approved into the SIP on May 
21, 1984 (49 FR 10542) and has been modified several times to 
accommodate the CAA requirements and technological advancements such as 
on-board diagnostic testing. As part of the OTR, Connecticut is 
required to implement an enhanced I/M program in specific areas per CAA 
184(b)(1). Connecticut exceeds federal requirements by requiring the 
enhanced I/M program statewide. EPA approved revisions to Connecticut's 
I/M program into the SIP in 2008 and 2015 (see 73 FR 74019 and 80 FR 
13768 respectively). We find that Connecticut's I/M program 
certifications further strengthen the SIP and meet federal 
requirements.

IV. Proposed Action

    We are proposing to approve the motor vehicle emissions I/M program 
certifications included in the attainment demonstrations submitted by 
the State of Connecticut for the 2008 ozone NAAQS for the Greater 
Connecticut and the Connecticut portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT moderate nonattainment areas.
    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 rulemaking by following the instructions listed in the 
ADDRESSES section of this Federal Register.

V. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866;
     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: December 21, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2019-00656 Filed 1-31-19; 8:45 am]
 BILLING CODE 6560-50-P