[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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 [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. 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.''
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ EPA also did not receive any comments that challenged the 
approvability of the standards under section 110 of the CAA.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \5\ See also 87 FR 14332.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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

0
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.

* * * * *

[[Page 57364]]



                                                         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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[FR Doc. 2024-15225 Filed 7-12-24; 8:45 am]
BILLING CODE 6560-50-P