[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 
[email protected]. 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 [email protected].

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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