[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13768-13771]
From the Federal Register Online via the Government Publishing 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 
[email protected].

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        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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