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Air Plan Approval; Connecticut; Low Emissions Vehicles Program Publication: Federal Register Agency: Environmental Protection Agency Byline: David Cash Date: 15 July 2024 Subjects: American Government  , The Environment
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[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Rules and Regulations]
[Pages 57361-57364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15225]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0697; FRL-12048-01-R1]
Air Plan Approval; Connecticut; Low Emissions Vehicles 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 on December 14, 2015. This SIP revision includes
Connecticut's revised regulations for new motor vehicle emission
standards. Connecticut updated its motor vehicle emission regulations
to adopt California's Advanced Clean Car (ACC) I program that includes
California's low emission vehicle (LEV) III criteria pollutant
standards and zero-emission vehicle (ZEV) sales requirements through
the 2025 model year, and greenhouse gas (GHG) emissions standards that
commence in the 2017 model year. Connecticut ensured that its
regulations are identical to the California standards for which a
waiver has been granted, as required by the Clean Air Act (CAA).
DATES: This rule is effective on August 14, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0697. All documents in the docket
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100 (Mail code 5-MI), Boston, MA 02109-3912, tel. (617)
918-1628, 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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 16, 2018 (83 FR 2097), EPA published a Notice of
Proposed Rulemaking (NPRM) proposing approval of Connecticut's amended
Section 22(a)-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 Connecticut State Regulations into the
Connecticut SIP.\1\ Connecticut's ``LEV III regulation'' adopts all of
California's ACC I program. California's ACC I program is comprised of
what it terms LEV III (which includes criteria pollutants emission
standards and greenhouse gas emission standards), and a zero-emissions
vehicle sales requirement. Connecticut's emission limits apply to 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 has adopted these
rules 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. Connecticut has adopted standards that are
identical to the California standards that have been issued a waiver by
EPA.\2\ Other specific requirements of Connecticut's December 14, 2015,
SIP revision and the rationale for EPA's proposed action are explained
in the NPRM and will not be restated here. EPA received both supportive
and adverse comments on the proposed Connecticut SIP revision.
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\1\ See EPA's Notice of Proposed Rulemaking for more information
on CT's SIP submittal.
\2\ EPA issued a waiver of preemption under section 209 of the
CAA for California's Advanced Clean Car program (that includes its
LEV III and ZEV programs) on January 9, 2013 (78 FR 2211). EPA
issued a section 209 waiver for California's LEV II program on April
22, 2003 (68 FR 19811); see also 70 FR 22034 (April 28, 2005), 75 FR
41948 (July 30, 2010). EPA reinstated the ACC I waiver on March 14,
2022 (87 FR 14332).
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II. Response to Comments
EPA received two comments in support of EPA's proposed approval of
Connecticut's SIP revision. The first comment stated that EPA,
``correctly determined that the emission standards in Connecticut's SIP
revision are identical to the relevant California Standards'' and
satisfy the requirements of the CAA. The second comment supported
Connecticut's action and encouraged similar action in more states
throughout the country. In addition, EPA received comments criticizing
some technical aspects of the California Advanced Clean Car I (ACC I)
program being adopted by Connecticut under the proposed Connecticut SIP
revision.
Under CAA section 209(a), states are generally preempted from
either adopting or enforcing emissions standards for new motor vehicles
and engines. CAA section 209(b) allows EPA to waive this preemption for
the State of California subject to listed criteria. Additionally, under
CAA section 177, ``any state which has plan provisions approved under
this part \3\ may adopt and enforce for any model year standards
relating to control of
[[Page 57362]]
emissions from new motor vehicles or new motor vehicle engines.''
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\3\ ``This part'' refers to Part D of Title I of the CAA. Part D
contains requirements for nonattainment and maintenance areas and
states within the Ozone Transport Region as defined in CAA section
184(a).
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Specifically, section 177 of the CAA allows a state to adopt the
California emissions standards if:
(1) Such standards are identical to the California standards for
which a waiver has been granted for such model year, and
(2) California and such State adopt such standards at least two
years before commencement of such model year.
EPA did not receive any comments challenging either of the above
criteria. As such, EPA views the comments received as beyond the scope
of this action. In this action, EPA is only approving Connecticut's
adoption of standards into its SIP under CAA section 177 for which EPA
has already granted a waiver of preemption to California (under CAA
section 209(b)). To the extent commenters are challenging the ACC I
program standards themselves, we note that there is no discretion to
modify those standards because under CAA section 177, Connecticut
cannot adopt standards that are not identical to the California
standards. Therefore, challenges to the ACC I standards themselves are
outside the scope of the present action. For example, comments
pertaining to battery safety, mining of rare earth elements, and the
greenhouse gas footprint of electric cars are beyond the scope of this
action because they do not address Connecticut's authority to adopt
these standards under Section 177 of the CAA. The standards at issue
(LEV III criteria pollutant standards and GHG emission standards, and
ZEV sales requirements, that all comprise the ACC I program) are the
types of California standards that can be adopted into a state's SIP
under the provisions of section 177 of the CAA and are not subject to
preemption under section 209 of the CAA, so long as the underlying
California standards have been waived under section 209(b) and the
other criteria of section 177 have been met. Here, the ACC I standards
have been waived by EPA and the other criteria in section 177 have been
met.\4\
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\4\ EPA also did not receive any comments that challenged the
approvability of the standards under section 110 of the CAA.
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As explained in the NPRM, EPA proposed approval of Connecticut's
SIP revision incorporating California motor vehicle emissions standards
into Connecticut's SIP (83 FR 2097). Specifically, the SIP revision
adopts California's ACC I program regulations for which EPA had
previously granted a waiver of preemption to California under CAA
section 209(b) (78 FR 2112; see also 87 FR 14332). The ACC I program
comprises regulations for ZEV and LEV, which include standards for
criteria pollutants for new passenger cars, light-duty trucks, medium-
duty passenger vehicles, and certain heavy-duty vehicles for model
years 2015 through 2025. The ACC I program also includes GHG emission
standards that are applicable to 2017 and subsequent model year
vehicles. A complete description of the ACC I program can be found at
78 FR 2114, 2122, 2130-31 and in California Air Resources Board's
(CARB) 209(b) waiver request, which is available in the docket for the
January 2013 waiver decision, Docket Id. EPA-HQ-OAR-2012-0562.\5\
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\5\ See also 87 FR 14332.
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CAA section 110(a)(1) requires that SIPs provide for the
implementation, maintenance, and enforcement of the NAAQS. As noted in
the NPRM, Connecticut adopted the ACC I regulations to reduce emissions
of volatile organic compounds (VOC), particulate matter (PM), and
nitrogen oxides (NOX), as well as to reduce GHG emissions.
NOX and VOC are precursors of both ozone and PM, and
reductions in NOX and VOC emissions can therefore decrease
the concentration of these criteria pollutants.\6\ The LEV III, GHG
emissions and ACC I passenger vehicle ZEV standards that we are
approving into Connecticut's SIP will decrease NOX and VOC
emissions, which, along with other emission control measures in the
SIP, will assist the State in achieving the emissions reductions needed
to comply with the various nonattainment and maintenance planning
requirements of the CAA.\7\ As such, we believe that inclusion of the
LEV III, GHG, and ZEV portions of the ACC I program in the Connecticut
SIP is appropriate under CAA section 110(a)(1).
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\6\ In its notice of decision granting a waiver of CAA
preemption for the ACC I regulations, EPA discussed the types of air
pollution and emission benefits identified by CARB in its ACC I
rulemaking associated with its passenger vehicle LEV III, GHG, and
ZEV standards (78 FR 2112, 2122). In subsequent documentation, CARB
further identified air pollution and emission benefits of its GHG
emission and passenger vehicle ZEV standards (both within the ACC I
program) that have a connection to a number of NAAQS, including the
PM and ozone NAAQS. See CARB, Staff Report, Attachment B to
Executive Order S-21-010 (``Emissions Benefits of California's
Passenger Vehicle GHG Standards''), dated July 2, 2021; see also
CARB, Staff Report, Appendix A--Criteria Pollutant Emission
reductions from California's Zero Emission Vehicle Standards for
Model Years 2017-2025, dated July 6, 2021. While CARB's estimates of
the criteria pollutant precursor reductions resulting from adoption
of these standards are specific to California, CARB's analysis
supports the connection between adoption of the GHG standards and
resulting criteria pollutant precursor reductions.
\7\ Connecticut remains in nonattainment status for the 2008 and
2015 ozone standards, and in maintenance for the 1997 and 2006
PM2.5 standards. See EPA's Green Book: https://www.epa.gov/green-book.
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III. Final Action
EPA is finalizing its proposed approval of Connecticut's December
14, 2015, SIP revision. Specifically, EPA is approving Connecticut's
SIP revision adopting California's Advanced Clean Car I program into
its SIP, which includes California's low emission vehicle (LEV) III
criteria pollutant standards GHG emission standards that commence in
the 2017 model year, and zero-emission vehicle (ZEV) sales requirements
through the 2025 model year.
EPA is approving this SIP revision because it meets all applicable
requirements of the Clean Air Act, including CAA section 110(l),
because it will not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the Act.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Connecticut Department of Energy and Environmental Protection's
adoption of the California Advanced Clean Car I program, in Sections
22(a)-174-36b and 22a-174-36c of the Regulations of Connecticut State
Agencies, as discussed in sections I. and III. of this preamble and set
forth below in the amendments to 40 CFR part 52. The EPA has made, and
will continue to make, these documents generally available through
https://www.regulations.gov and at the EPA Region 1 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
[[Page 57363]]
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 Orders 12866 (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); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Connecticut Department of Environmental Protection did not
evaluate environmental justice considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
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 September 13, 2024. 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: June 28, 2024.
David Cash,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
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2. Section 52.370 is amended by adding paragraph (c)(132) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(132) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 14,
2015.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies, Regulation 22a-174-
36b, ``Low emission vehicles II program,'' amended August 1, 2013.
(B) Regulations of Connecticut State Agencies, Regulation 22a-174-
36c, ``Low Emission Vehicle III Program,'' effective August 1, 2013.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Energy and
Environmental Protection, dated December 14, 2015, submitting a
revision to the Connecticut State Implementation Plan.
0
3. Section 52.385, is amended in Table 52.385 by:
0
a. adding a third entry for state citation ``22a-174-36b'' before the
entry for ``22a-174-36(g)''; and
0
b. adding an entry for state citation ``22a-174-36c'' before the entry
for ``22a-174-36(g)''.
The additions read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
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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-174-36b................ Low Emission Vehicle 8/1/13 7/15/2024 [Insert Federal (c)(132)............ Revises LEV II
II Program. Register citation]. program, places end
date on model year
vehicles.
22a-174-36c................ Low Emission Vehicle 8/1/13 7/15/2024 [Insert Federal (c)(132)............ Adopts the LEV III
III Program. Register citation]. regulation.
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[FR Doc. 2024-15225 Filed 7-12-24; 8:45 am]
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