Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program, 4308-4313 [2014-01502]
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Federal Register / Vol. 79, No. 17 / Monday, January 27, 2014 / Proposed Rules
(ii) Optional coverage of tuberculosisrelated services under section
1902(a)(10)(A)(ii)(XII) of the Social
Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)(XII));
(iii) Coverage of pregnancy-related
services under section
1902(a)(10)(A)(i)(IV) and
(a)(10)(A)(ii)(IX) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(A)(i)(IV),
(a)(10)(A)(ii)(IX));
(iv) Coverage limited to treatment of
emergency medical conditions in
accordance with 8 U.S.C. 1611(b)(1)(A),
as authorized by section 1903(v) of the
Social Security Act (42 U.S.C. 1396b(v));
(v) Coverage for medically needy
individuals under section 1902(a)(10)(C)
of the Social Security Act (42 U.S.C.
1396a(a)(10)(C)) and 42 CFR 435.300
and following sections; or
(vi) Coverage authorized under
section 1115(a)(2) of the Social Security
Act (42 U.S.C. 1315(a)(2));
(vii) Coverage under section 1079(a),
1086(c)(1), or 1086(d)(1) of title 10,
U.S.C., that is solely limited to space
available care in a facility of the
uniformed services for individuals
excluded from TRICARE coverage for
care from private sector providers; and
(viii) Coverage under sections 1074a
and 1074b of title 10, U.S.C. for an
injury, illness, or disease incurred or
aggravated in the line of duty for
individuals who are not on active duty.
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■ Par. 5. Section 1.5000A–3 is amended
by:
■ 1. Revising paragraphs (e)(3)(ii)(D)
and (e)(3)(ii)(E).
■ 2. Redesignating paragraphs
(e)(4)(ii)(C) and (e)(4)(ii)(D) as
(e)(4)(ii)(D) and (e)(4)(ii)(E),
respectively, and adding and reserving a
new paragraph (e)(4)(ii)(C).
■ 3. Revising paragraphs (h)(1) and
(h)(3).
The revisions and additions read as
follows:
§ 1.5000A–3
Exempt individuals.
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(e) * * *
(3) * * *
(ii) * * *
(D) Employer contributions to health
reimbursement arrangements. Amounts
newly made available for the current
plan year under a health reimbursement
arrangement that is integrated with an
eligible employer-sponsored plan and
that an employee may use to pay
premiums are taken into account in
determining the employee’s or a related
individual’s required contribution.
(E) Wellness program incentives.
Nondiscriminatory wellness program
incentives offered by an eligible
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employer-sponsored plan that affect
premiums are treated as earned in
determining an employee’s or a related
individual’s required contribution to the
extent the incentives relate to tobacco
use. Wellness program incentives that
do not relate to tobacco use are treated
as not earned for this purpose.
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(4) * * *
(ii) * * *
(C) Wellness programs incentives.
[Reserved]
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(h) Individuals with hardship
exemption certification—(1) In general.
Except as provided in paragraph (h)(3)
of this section, an individual is an
exempt individual for a month that
includes a day on which the individual
has in effect a hardship exemption
certification described in paragraph
(h)(2) of this section.
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(3) Hardship exemption without
hardship exemption certification. An
individual may claim an exemption
without obtaining a hardship exemption
certification described in paragraph
(h)(2) of this section—
(i) For any month that includes a day
on which the individual meets the
requirements of 45 CFR 155.605(g)(3) or
45 CFR 155.605(g)(5);
(ii) For the months in 2014 prior to
the individual’s effective date of
coverage, if the individual enrolls in a
plan through an Exchange prior to the
close of the open enrollment period for
coverage in 2014; or
(iii) For any month that includes a
day on which the individual meets the
requirements of any other hardship for
which:
(A) The Secretary of HHS issues
guidance of general applicability
describing the hardship and indicating
that an exemption for such hardship can
be claimed on a Federal income tax
return pursuant to guidance published
by the Secretary; and
(B) The Secretary issues published
guidance of general applicability, see
§ 601.601(d)(2) of this chapter, allowing
an individual to claim the hardship
exemption on a return without
obtaining a hardship exemption from an
Exchange.
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■ Par. 6. Section 1.5000A–4 is amended
by revising paragraph (a) introductory
text and paragraph (a)(1) to read as
follows:
§ 1.5000A–4 Computation of shared
responsibility payment.
(a) In general. For each taxable year,
the shared responsibility payment
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imposed on a taxpayer in accordance
with § 1.5000A–1(c) is the lesser of—
(1) The sum of the monthly penalty
amounts; or
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John Dalyrmple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2014–01439 Filed 1–23–14; 4:15 pm]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2010–0121; A–1–FRL–
9905–79–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Low Emission Vehicle
Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve 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 propose
approval of the Connecticut LEV II
program. In addition, EPA is proposing
to approve the removal of the definition
and regulation of ‘‘composite motor
vehicles’’ from the Connecticut’s SIPapproved vehicle inspection and
maintenance program. These actions are
being taken under the CAA.
SUMMARY:
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Written comments must be
received on or before February 26, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2010–0121 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2010–0121,’’
Anne Arnold, 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.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
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, (mail code OEP05–2), Boston,
MA 02109–3912. Such deliveries are
only accepted during the Regional
Office’s normal hours of operation. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2010–
0121. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
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DATES:
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disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. 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 in www.regulations.gov or
in hard copy at 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.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; 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 cooke.donald@
epa.gov.
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. The California LEV Program
III. Relevant EPA and CAA Requirements
A. Waiver Process
B. State Adoption of California Standards
IV. Level of Emission Reductions This
Program Will Achieve
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V. Revisions to the Connecticut Motor
Vehicle Inspection Program
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background and Purpose
On January 22, 2010, the Connecticut
Department of Environmental Protection
(now known as the Connecticut
Department of Energy and
Environmental Protection, CT DEEP)
submitted a revision to its State
Implementation Plan (SIP) consisting of
Connecticut’s Low Emissions Vehicle II
(LEV II) program, as adopted 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.
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 04–84,1
Connecticut adopted section 22a–174–
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
1 On May 10, 2004, the Governor of the State of
Connecticut signed into law Public Act 04–84,
which the General Assembly adopted on April 22,
2004. Public Act 04–84, amending section 22a–174g
of the Connecticut General Statutes (C.G.S.), directs
the Commissioner of Environmental Protection to
adopt regulations by December 31, 2004, in
accordance with the provisions of chapter 54 of the
C.G.S., to implement the light duty motor vehicle
emission standards of the state of California
applicable to motor vehicles of model year 2008
and later. Furthermore, this Public Act directs the
Commissioner to amend such regulations from time
to time, in accordance with any changes in the
standards made by the state of California. California
has revised its Low Emission Vehicle standards to
adopt green house gas emission standards for
passenger cars, light duty trucks and medium duty
passenger vehicles commencing with 2009 and
subsequent model year vehicles.
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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. Specifically, section
22a–174–36b was revised in three
respects:
—First, section 22a–174–36b was
updated in accordance with
Connecticut Public Act 06–161 2 to
require manufacturers to place
environmental performance labels
starting on 2008 model year and later
vehicles sold or leased in Connecticut
on or after January 1, 2009. Labels
must contain a smog score and a
global warming score measuring the
amount of greenhouse gas emissions
from the car compared to the average
emissions of all vehicle models of the
same model year for that class of cars.
The label will provide consumers
with information on how a vehicle
purchase will affect the environment.
—Second, section 22a–174–36b was
updated in accordance with changes
made to the California Air Resources
Board (CARB) low emissions vehicle
program, which serves as the basis for
section 22a–174–36b. The updated
provisions include the ‘‘travel
provisions’’ contained in the ZEV
program. Travel provisions amend
methods by which manufacturers are
credited when placing zero emission
or other advanced technology vehicles
in service in California or any state
that has adopted California’s motor
vehicle emission control program
under section 177 of the CAA.
—Third, technical changes consistent
with California’s vehicle recall and
warranty provisions were included.
In addition to the amendments to the
Connecticut LEV program,
Connecticut’s January 22, 2010 SIP
revision includes a change in its motor
vehicle emissions inspection program to
exempt composite vehicles from
tailpipe inspections. The first change to
section 22a–174–27, ‘‘Emission
standards and on-board diagnostic II test
requirements for periodic motor vehicle
inspection and maintenance,’’ consists
of removing the definition of
‘‘composite vehicle’’ at section 22a–
174–27(b)(3). This section previously
stated, ‘‘Composite Motor Vehicle’’
means a vehicle that is designated
‘‘COMP’’ or ‘‘COMPO’’ in the ‘‘make’’
field of an applicable Connecticut motor
vehicle registration certificate.’’ The
second change was the removal of
section 22a–174–27(e), ‘‘Composite
motor vehicles,’’ which previously
stated, ‘‘For 2005 and earlier model year
composite motor vehicles, the
maximum allowable emissions shall be
4.0 VOL. % CO [volume % carbon
monoxide] and 800 ppm HC [parts per
million hydrocarbons]. For 2006 and
later model year composite motor
vehicles, the maximum allowable
emissions shall be 1.2 VOL. % CO and
220 ppm HC.’’ When EPA approved
Connecticut’s December 19, 2007
inspection and maintenance program
SIP revision on December 5, 2008 (73
FR 74019), we approved the August 25,
2004 version of section 22a–174–27 into
the SIP. The Connecticut regulation
section 22a–174–27, adopted by
Connecticut on August 25, 2004, does
not reflect Connecticut’s Public Act 07–
167, which was signed into law on June
25, 2007 by the Governor of the State of
Connecticut. Public Act 07–167, as
codified in Connecticut General Statutes
(C.G.S.) section 14–164c(c), exempts
composite vehicles from on-board
diagnostic emissions testing
requirements.3
2 On June 6, 2006, the Governor of the State of
Connecticut signed into law Public Act 06–161.
Public Act 06–161 requires the Department of
Energy and Environmental Protection (DEEP)
commissioner, in consultation with the Department
of Motor Vehicles (DMV) commissioner, to: (1)
Establish a greenhouse gas (GHG) labeling program
for new motor vehicles sold or leased in
Connecticut beginning with the 2009 model year;
and (2) educate the public about the labeling
program and GHGs. It bars the sale or lease of a
2009 or later model year motor vehicle without the
required GHG label and funds these programs
through a $5 fee the DMV must impose on new car
registrations starting January 1, 2007, and bars the
sale or lease of a 2009 or later model year motor
vehicle without the required GHG label. The Act
applies to vehicles with a gross vehicle weight
rating of 10,000 pounds or less.
3 Specifically, C.G.S. section 14–164(c) exempts
the following twelve (12) categories from ‘‘an
inspection procedure using an on-board diagnostic
information system for all 1996 model year and
newer motor vehicles:’’ ‘‘(1) Vehicles having a gross
weight of more than ten thousand pounds; (2)
vehicles powered by electricity; (3) bicycles with
motors attached; (4) motorcycles; (5) vehicles
operating with a temporary registration; (6) vehicles
manufactured twenty-five or more years ago; (7)
new vehicles at the time of initial registration; (8)
vehicles registered but not designed primarily for
highway use; (9) farm vehicles, as defined in
subsection (q) of section 14–49; (10) diesel-powered
type II school buses; (11) a vehicle operated by a
licensed dealer or repairer either to or from a
location of the purchase or sale of such vehicle or
for the purpose of obtaining an official emissions
or safety inspection; or (12) vehicles that have met
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II. The California LEV Program
CARB adopted the first generation of
LEV regulations (LEV I) in 1990, which
were effective through the 2003 model
year. CARB adopted California’s second
generation LEV regulations (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).
The LEV II regulations expanded the
scope of the 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 began with the
2004 model year and increased in
stringency through the 2010 model year
and beyond. The LEV II regulations
provide flexibility to auto manufacturers
by allowing them to certify their vehicle
models to one of several different
emissions standards. The different tiers
of increasingly stringent LEV II emission
standards to which a manufacturer may
certify a vehicle are: Low emission
vehicle (LEV), ultra-low emission
vehicle (ULEV), super-ultra low
emission vehicle (SULEV), partial zero
emission vehicle (PZEV), advanced
technology partial zero emission vehicle
(ATPZEV) and zero emission vehicle
(ZEV).
The manufacturer must show that the
overall 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
the inspection requirements of section 14–103a and
are registered by the commissioner as composite
vehicles.’’ Section 14–103a further dictates that the
commissioner inspect ‘‘[a]ny motor vehicle that (1)
has been reconstructed, (2) is composed or
assembled from the several parts of other motor
vehicles, (3) the identification and body contours of
which are so altered that the vehicle no longer bears
the characteristics of any specific make of motor
vehicle, or (4) has been declared a total loss by any
insurance carrier and subsequently reconstructed.’’
EPA interprets the exemption in C.G.S. section 14–
164(c) to apply to all of and only these twelve (12)
categories.
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consumers about the amount of
pollution produced by that vehicle
relative to other vehicles.
In addition to meeting the LEV II
requirements, large or intermediate
volume manufacturers must ensure that
a certain percentage of the passenger
cars and lightest 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. Most recently, CARB has put in
place 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 PZEVs and ATPZEVs 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 model year 2011.
On October 15, 2005, California
amended its LEV II program to include
greenhouse gas (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 greenhouse gas
emission regulations. On June 30, 2009,
EPA granted CARB’s request for a
waiver of CAA preemption to enforce its
greenhouse gas emission standards for
model year 2009 and later new motor
vehicles (July 8, 2009; 74 FR 32744–
32784). This decision withdrew and
replaced EPA’s prior denial of the
CARB’s December 21, 2005 waiver
request, which was published in the
Federal Register on March 6, 2008 (73
FR 12156–12169).
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
unless EPA makes specified findings,
thereby allowing California to adopt its
own motor vehicle emissions standards.
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
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and Authorizations’’ Web page at URL
address: https://www.epa.gov/otaq/
cafr.htm. This Web site also lists
relevant Federal Register notices that
have been issued 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 2009
and Subsequent Model Year Greenhouse
Gas Emission Standards for New Motor
Vehicles’’ (July 8, 2009; 74 FR 32744–
32784). This final rulemaking allows
California to establish standards to
regulate greenhouse gas emissions from
new passenger cars, light-duty trucks
and medium-duty vehicles. The four
new greenhouse gas air contaminants
added to California’s existing
regulations for criteria and criteriaprecursor pollutants and air toxic
contaminants are: carbon dioxide (CO2),
methane (CH4), nitrous oxide (N2O), and
hydrofluorocarbons (HFCs).
B. State Adoption of California
Standards
Section 177 of the CAA allows other
states to adopt and enforce California’s
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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) 4
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.
The provisions of Connecticut Public
Act 04–84 and section 177 of the CAA
both require the Connecticut
Department of Energy and
Environmental Protection 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 Connecticut LEV program
consistent with the California LEV
program through the adoption of two
regulatory amendments to Connecticut’s
initial LEV program.
EPA notes that a number of California
Code of Regulations (CCR) Title 13
provisions incorporated-by-reference in
section 22a–174–36b were amended by
California in January of 2010 and
became operative under California State
law on February 13, 2010. As the
Connecticut SIP revision was submitted
to EPA on January 22, 2010, these
subsequent revisions to California
regulations will be addressed by
Connecticut at a later date.5
IV. Level of Emission Reductions This
Program Will Achieve
The Connecticut LEV program is
included in Connecticut’s February 1,
2008 8-hour ozone attainment
demonstration SIP as a weight-of4 See EPA’s October 29, 2007 letter to
Manufactures regarding ‘‘Sales of Californiacertified 2008–2010 Model Year Vehicles (CrossBorder Sales Policy),’’ with attachments.
Attachment 1—EPA Policy on Cross-Border Sales of
2008 to 2010 Model Years California-Certified
Vehicles; Attachment 2—Questions and Answers
on EPA’s Cross Border Sales Policies; and
Attachment 3—Updated summary table and a set of
maps reflecting the status of Section 177 states by
model year. https://iaspub.epa.gov/otaqpub/display_
file.jsp?docid=16888&flag=1.
5 On August 1, 2013, Connecticut adopted
revisions to Section 22a–174–36b ‘‘Low Emission
Vehicle II Program’’ and Section 22a–174–36c ‘‘Low
Emission Vehicle III Program.’’ These regulations
have not yet been submitted to EPA as a SIP
revision and are not part of today’s action.
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evidence measure, but Connecticut does
not rely on the LEV program for any
specific level of emission reduction. If
EPA finalizes its proposed approval of
the Connecticut LEV program into the
SIP, future emission benefit from this
program could be calculated through
EPA’s Motor Vehicle Emissions
Simulator Model, MOVES2010, which
was officially released on March 2, 2010
(75 FR 9411).
V. Revisions to the Connecticut Motor
Vehicle Inspection Program
Regulations of Connecticut State
Agencies section 22a–174–27
establishes emissions standards and test
requirements for the periodic motor
vehicle inspection and maintenance
program to ensure that EPA-required air
quality benefits are achieved. EPA
previously approved this motor vehicle
inspection and maintenance program
into the Connecticut SIP. (See December
5, 2008; 73 FR 74019.) On June 25, 2007,
the Governor of the State of Connecticut
signed into law Public Act 07–167,
which the General Assembly adopted on
June 4, 2007. Public Act 07–167 as
codified in Connecticut General Statutes
section 14–164c(c) added a specific
exemption for composite vehicles from
on-board diagnostic inspection, while
maintaining that composite vehicles
continue to be subject to inspection
requirements of section 14–103a. The
amendments to Connecticut General
Statutes section 14–164c and its
corresponding SIP amendments will
exempt composite vehicles from unique
tailpipe emission testing and on-board
diagnostic inspection.
According to the Connecticut
Department of Motor Vehicles, a
composite vehicle is defined as, ‘‘Any
motor vehicle composed or assembled
from several parts of other motor
vehicles, or the identification and body
contours of which are so altered that the
vehicle no longer bears the
characteristics of any specific make of
motor vehicle. Any vehicle not
assembled by a manufacturer licensed
as such in the State of Connecticut is
classified as a composite motor
vehicle.’’ Connecticut Inspection and
Maintenance Program data indicates
that in 2007, there were 359 composite
motor vehicles in Connecticut. After
application of existing emission
inspection exemptions found in 14–
164(c) of the Connecticut General
Statutes, only 100 of 359 composite
motor vehicles would be required to be
inspected by the Division of Motor
Vehicles each year. Exempting these 100
vehicles from Connecticut’s Inspection
and Maintenance program, which
applies to approximately 1,959,000
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vehicles, will not have significant air
quality impacts.
During the inspection and
maintenance cycle of January 1, 2008 to
December 31, 2009, 1,934,285 gasolinepowered vehicles and 24,758 dieselpowered vehicles received initial
Connecticut inspection and
maintenance testing. Exempting the 100
cars, which have all emission-related
components and settings and are subject
to all applicable emission regulations,
from a state emission inspection will
not change the motor vehicle inspection
and maintenance program inputs in
MOVES2010, nor will it change the
resulting motor vehicle emission factors
generated by MOVES2010. Furthermore,
EPA believes removing composite motor
vehicle from emission testing does not
contravene the anti-backsliding
provisions established in section 110(l)
of the CAA.
VI. Proposed Action
EPA is proposing to approve into the
Connecticut SIP Connecticut’s section
22a–174–36b, Low Emission Vehicle
(LEV II) program, which was submitted
to EPA on January 22, 2010. EPA is also
proposing to approve section 22a–174–
36(i) of the Connecticut State
Regulations, which eliminates
Connecticut’s earlier National Low
Emission Vehicle (NLEV) program and
Connecticut’s Low Emission Vehicle
(LEV I) program and replaces them with
the Connecticut LEV II program. The
Connecticut Low Emission Vehicle II
program adopted by Connecticut
includes: The California LEV II lightduty program beginning with model
year 2008; the California LEV II
medium-duty vehicle emission
standards beginning with model year
2009; the California LEV II green house
gas emission standards for passenger
cars, light-duty trucks and medium-duty
passenger vehicles commencing with
2009 model year vehicles;
environmental performance labeling
(with labels containing both smog scores
and global warming scores) for 2008
model year and later vehicles; and the
California ZEV provision. EPA is
proposing to approve the Connecticut
LEV II program requirements into the
SIP because EPA has found that the
requirements are consistent with the
CAA.
Finally, EPA is proposing to remove
Connecticut’s section 22a–174–27(b)(3),
the definition of composite motor
vehicle, and section 22a–174–27(e), the
maximum allowable composite motor
vehicle emissions, from the Connecticut
SIP. Composite motor vehicles were
eliminated from Connecticut’s motor
vehicle emission inspection program in
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Fmt 4702
Sfmt 4702
2007, consistent with Public Act 07–167
as codified in section 14–164c(c) of the
General Statute of Connecticut.
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 the EPA New England
Regional Office listed in the ADDRESSES
section of this Federal Register.
VII. 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 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
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
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• 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 15, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014–01502 Filed 1–24–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2013–0765; FRL–9905–65–
Region–7]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Annual Emissions Fee
also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp at (913) 551–7214, or by
email at kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of the Federal
Register, EPA is approving the state’s
SIP and Operating Permits Program
revision as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
Dated: January 8, 2014.
Karl Brooks,
Regional Administrator, Region 7.
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
[FR Doc. 2014–01210 Filed 1–24–14; 8:45 am]
BILLING CODE 6560–50–P
The Environmental Protection
Agency (EPA) is proposing to approve
the State Implementation Plan (SIP) and
Operating Permits Program revisions
submitted by the state of Kansas which
align the state’s rules entitled ‘‘Annual
Emissions Fee’’ with the Federal Air
Emissions Reporting Requirements Rule
(AERR).
DATES: Comments on this proposed
action must be received in writing by
February 26, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2013–0765, by mail to Lachala
Kemp, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Comments may
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
14:16 Jan 24, 2014
Jkt 232001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[Docket No. 130321272–4020–01; 0648–
XC589]
Listing Endangered or Threatened
Species: Proposed Amendment to the
Endangered Species Act Listing of the
Southern Resident Killer Whale
Distinct Population Segment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
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Fmt 4702
Sfmt 4702
4313
Proposed rule; 12-month
finding; request for comments.
ACTION:
In response to a petition
submitted by the People for the Ethical
Treatment of Animals Foundation to
include the killer whale ‘‘Lolita’’ as a
protected member of the endangered
Southern Resident killer whale Distinct
Population Segment (DPS), we, the
National Marine Fisheries Service
(NMFS), have completed a status review
and propose to amend the regulatory
language of the Endangered Species Act
(ESA) listing of the DPS by removing the
exclusion for captive members of the
population. The current regulatory
language excluded Lolita, the sole
member of the Southern Resident killer
whale DPS held in captivity, from the
endangered listing. With removal of the
exclusion, Lolita, a female killer whale
captured from the Southern Resident
population in 1970 who resides at the
Miami Seaquarium in Miami, Florida,
would be included in the Southern
Resident killer whale DPS. The
Southern Resident killer whale DPS was
listed as endangered under the ESA in
2005. We accepted the petition to
include Lolita in the Southern Resident
killer whale DPS on April 29, 2013,
initiating a public comment period and
a status review. Based on our review of
the petition, public comments, and the
best available scientific information, we
find that amending the regulatory
language to remove the exclusion for
captive whales from the Southern
Resident Killer whale DPS is warranted.
We are soliciting scientific and
commercial information pertaining to
the proposed rule.
DATES: Scientific and commercial
information pertinent to the proposed
action and comments must be received
by March 28, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2013–0056, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130056, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Protected Resources Division, NMFS,
Northwest Region, Protected Resources
Division, 7600 Sand Point Way NE.,
Attention Lynne Barre, Branch Chief.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 17 (Monday, January 27, 2014)]
[Proposed Rules]
[Pages 4308-4313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01502]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0121; A-1-FRL-9905-79-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 propose approval of the Connecticut LEV II program. In
addition, EPA is proposing to approve 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 under the CAA.
[[Page 4309]]
DATES: Written comments must be received on or before February 26,
2014.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0121 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2010-0121,''
Anne Arnold, 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.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, 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, (mail code OEP05-2), Boston, MA 02109-3912.
Such deliveries are only accepted during the Regional Office's normal
hours of operation. The Regional Office's official hours of business
are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0121. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 in www.regulations.gov or
in hard copy at 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.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; 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
cooke.donald@epa.gov.
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. The California LEV Program
III. Relevant EPA and CAA Requirements
A. Waiver Process
B. State Adoption of California Standards
IV. Level of Emission Reductions This Program Will Achieve
V. Revisions to the Connecticut Motor Vehicle Inspection Program
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background and Purpose
On January 22, 2010, the Connecticut Department of Environmental
Protection (now known as the Connecticut Department of Energy and
Environmental Protection, CT DEEP) submitted a revision to its State
Implementation Plan (SIP) consisting of Connecticut's Low Emissions
Vehicle II (LEV II) program, as adopted 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.
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,\1\
Connecticut adopted section 22a-174-36b, the California Low Emission
Vehicle II (LEV II) program, including all ``zero emission vehicle''
program elements, commencing with 2008 model year vehicles.
---------------------------------------------------------------------------
\1\ On May 10, 2004, the Governor of the State of Connecticut
signed into law Public Act 04-84, which the General Assembly adopted
on April 22, 2004. Public Act 04-84, amending section 22a-174g of
the Connecticut General Statutes (C.G.S.), directs the Commissioner
of Environmental Protection to adopt regulations by December 31,
2004, in accordance with the provisions of chapter 54 of the C.G.S.,
to implement the light duty motor vehicle emission standards of the
state of California applicable to motor vehicles of model year 2008
and later. Furthermore, this Public Act directs the Commissioner to
amend such regulations from time to time, in accordance with any
changes in the standards made by the state of California. California
has revised its Low Emission Vehicle standards to adopt green house
gas emission standards for passenger cars, light duty trucks and
medium duty passenger vehicles commencing with 2009 and subsequent
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
[[Page 4310]]
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. Specifically, section 22a-174-36b
was revised in three respects:
--First, section 22a-174-36b was updated in accordance with Connecticut
Public Act 06-161 \2\ to require manufacturers to place environmental
performance labels starting on 2008 model year and later vehicles sold
or leased in Connecticut on or after January 1, 2009. Labels must
contain a smog score and a global warming score measuring the amount of
greenhouse gas emissions from the car compared to the average emissions
of all vehicle models of the same model year for that class of cars.
The label will provide consumers with information on how a vehicle
purchase will affect the environment.
---------------------------------------------------------------------------
\2\ On June 6, 2006, the Governor of the State of Connecticut
signed into law Public Act 06-161. Public Act 06-161 requires the
Department of Energy and Environmental Protection (DEEP)
commissioner, in consultation with the Department of Motor Vehicles
(DMV) commissioner, to: (1) Establish a greenhouse gas (GHG)
labeling program for new motor vehicles sold or leased in
Connecticut beginning with the 2009 model year; and (2) educate the
public about the labeling program and GHGs. It bars the sale or
lease of a 2009 or later model year motor vehicle without the
required GHG label and funds these programs through a $5 fee the DMV
must impose on new car registrations starting January 1, 2007, and
bars the sale or lease of a 2009 or later model year motor vehicle
without the required GHG label. The Act applies to vehicles with a
gross vehicle weight rating of 10,000 pounds or less.
---------------------------------------------------------------------------
--Second, section 22a-174-36b was updated in accordance with changes
made to the California Air Resources Board (CARB) low emissions vehicle
program, which serves as the basis for section 22a-174-36b. The updated
provisions include the ``travel provisions'' contained in the ZEV
program. Travel provisions amend methods by which manufacturers are
credited when placing zero emission or other advanced technology
vehicles in service in California or any state that has adopted
California's motor vehicle emission control program under section 177
of the CAA.
--Third, technical changes consistent with California's vehicle recall
and warranty provisions were included.
In addition to the amendments to the Connecticut LEV program,
Connecticut's January 22, 2010 SIP revision includes a change in its
motor vehicle emissions inspection program to exempt composite vehicles
from tailpipe inspections. The first change to section 22a-174-27,
``Emission standards and on-board diagnostic II test requirements for
periodic motor vehicle inspection and maintenance,'' consists of
removing the definition of ``composite vehicle'' at section 22a-174-
27(b)(3). This section previously stated, ``Composite Motor Vehicle''
means a vehicle that is designated ``COMP'' or ``COMPO'' in the
``make'' field of an applicable Connecticut motor vehicle registration
certificate.'' The second change was the removal of section 22a-174-
27(e), ``Composite motor vehicles,'' which previously stated, ``For
2005 and earlier model year composite motor vehicles, the maximum
allowable emissions shall be 4.0 VOL. % CO [volume % carbon monoxide]
and 800 ppm HC [parts per million hydrocarbons]. For 2006 and later
model year composite motor vehicles, the maximum allowable emissions
shall be 1.2 VOL. % CO and 220 ppm HC.'' When EPA approved
Connecticut's December 19, 2007 inspection and maintenance program SIP
revision on December 5, 2008 (73 FR 74019), we approved the August 25,
2004 version of section 22a-174-27 into the SIP. The Connecticut
regulation section 22a-174-27, adopted by Connecticut on August 25,
2004, does not reflect Connecticut's Public Act 07-167, which was
signed into law on June 25, 2007 by the Governor of the State of
Connecticut. Public Act 07-167, as codified in Connecticut General
Statutes (C.G.S.) section 14-164c(c), exempts composite vehicles from
on-board diagnostic emissions testing requirements.\3\
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\3\ Specifically, C.G.S. section 14-164(c) exempts the following
twelve (12) categories from ``an inspection procedure using an on-
board diagnostic information system for all 1996 model year and
newer motor vehicles:'' ``(1) Vehicles having a gross weight of more
than ten thousand pounds; (2) vehicles powered by electricity; (3)
bicycles with motors attached; (4) motorcycles; (5) vehicles
operating with a temporary registration; (6) vehicles manufactured
twenty-five or more years ago; (7) new vehicles at the time of
initial registration; (8) vehicles registered but not designed
primarily for highway use; (9) farm vehicles, as defined in
subsection (q) of section 14-49; (10) diesel-powered type II school
buses; (11) a vehicle operated by a licensed dealer or repairer
either to or from a location of the purchase or sale of such vehicle
or for the purpose of obtaining an official emissions or safety
inspection; or (12) vehicles that have met the inspection
requirements of section 14-103a and are registered by the
commissioner as composite vehicles.'' Section 14-103a further
dictates that the commissioner inspect ``[a]ny motor vehicle that
(1) has been reconstructed, (2) is composed or assembled from the
several parts of other motor vehicles, (3) the identification and
body contours of which are so altered that the vehicle no longer
bears the characteristics of any specific make of motor vehicle, or
(4) has been declared a total loss by any insurance carrier and
subsequently reconstructed.'' EPA interprets the exemption in C.G.S.
section 14-164(c) to apply to all of and only these twelve (12)
categories.
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II. The California LEV Program
CARB adopted the first generation of LEV regulations (LEV I) in
1990, which were effective through the 2003 model year. CARB adopted
California's second generation LEV regulations (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).
The LEV II regulations expanded the scope of the 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 began with the 2004 model year and increased in
stringency through the 2010 model year and beyond. The LEV II
regulations provide flexibility to auto manufacturers by allowing them
to certify their vehicle models to one of several different emissions
standards. The different tiers of increasingly stringent LEV II
emission standards to which a manufacturer may certify a vehicle are:
Low emission vehicle (LEV), ultra-low emission vehicle (ULEV), super-
ultra low emission vehicle (SULEV), partial zero emission vehicle
(PZEV), advanced technology partial zero emission vehicle (ATPZEV) and
zero emission vehicle (ZEV).
The manufacturer must show that the overall 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
[[Page 4311]]
consumers about the amount of pollution produced by that vehicle
relative to other vehicles.
In addition to meeting the LEV II requirements, large or
intermediate volume manufacturers must ensure that a certain percentage
of the passenger cars and lightest 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. Most recently, CARB has put in place 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 PZEVs and ATPZEVs 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 model year 2011.
On October 15, 2005, California amended its LEV II program to
include greenhouse gas (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 greenhouse gas emission regulations. On June
30, 2009, EPA granted CARB's request for a waiver of CAA preemption to
enforce its greenhouse gas emission standards for model year 2009 and
later new motor vehicles (July 8, 2009; 74 FR 32744-32784). This
decision withdrew and replaced EPA's prior denial of the CARB's
December 21, 2005 waiver request, which was published in the Federal
Register on March 6, 2008 (73 FR 12156-12169).
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 unless EPA makes specified findings, thereby
allowing California to adopt its own motor vehicle emissions standards.
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:
https://www.epa.gov/otaq/cafr.htm. This Web site also lists relevant
Federal Register notices that have been issued 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 2009 and Subsequent Model Year
Greenhouse Gas Emission Standards for New Motor Vehicles'' (July 8,
2009; 74 FR 32744-32784). This final rulemaking allows California to
establish standards to regulate greenhouse gas emissions from new
passenger cars, light-duty trucks and medium-duty vehicles. The four
new greenhouse gas air contaminants added to California's existing
regulations for criteria and criteria-precursor pollutants and air
toxic contaminants are: carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), and
hydrofluorocarbons (HFCs).
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) \4\ 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.
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\4\ See EPA's October 29, 2007 letter to Manufactures regarding
``Sales of California-certified 2008-2010 Model Year Vehicles
(Cross-Border Sales Policy),'' with attachments. Attachment 1--EPA
Policy on Cross-Border Sales of 2008 to 2010 Model Years California-
Certified Vehicles; Attachment 2--Questions and Answers on EPA's
Cross Border Sales Policies; and Attachment 3--Updated summary table
and a set of maps reflecting the status of Section 177 states by
model year. https://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
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The provisions of Connecticut Public Act 04-84 and section 177 of
the CAA both require the Connecticut Department of Energy and
Environmental Protection 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 Connecticut
LEV program consistent with the California LEV program through the
adoption of two regulatory amendments to Connecticut's initial LEV
program.
EPA notes that a number of California Code of Regulations (CCR)
Title 13 provisions incorporated-by-reference in section 22a-174-36b
were amended by California in January of 2010 and became operative
under California State law on February 13, 2010. As the Connecticut SIP
revision was submitted to EPA on January 22, 2010, these subsequent
revisions to California regulations will be addressed by Connecticut at
a later date.\5\
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\5\ On August 1, 2013, Connecticut adopted revisions to Section
22a-174-36b ``Low Emission Vehicle II Program'' and Section 22a-174-
36c ``Low Emission Vehicle III Program.'' These regulations have not
yet been submitted to EPA as a SIP revision and are not part of
today's action.
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IV. Level of Emission Reductions This Program Will Achieve
The Connecticut LEV program is included in Connecticut's February
1, 2008 8-hour ozone attainment demonstration SIP as a weight-of-
[[Page 4312]]
evidence measure, but Connecticut does not rely on the LEV program for
any specific level of emission reduction. If EPA finalizes its proposed
approval of the Connecticut LEV program into the SIP, future emission
benefit from this program could be calculated through EPA's Motor
Vehicle Emissions Simulator Model, MOVES2010, which was officially
released on March 2, 2010 (75 FR 9411).
V. Revisions to the Connecticut Motor Vehicle Inspection Program
Regulations of Connecticut State Agencies section 22a-174-27
establishes emissions standards and test requirements for the periodic
motor vehicle inspection and maintenance program to ensure that EPA-
required air quality benefits are achieved. EPA previously approved
this motor vehicle inspection and maintenance program into the
Connecticut SIP. (See December 5, 2008; 73 FR 74019.) On June 25, 2007,
the Governor of the State of Connecticut signed into law Public Act 07-
167, which the General Assembly adopted on June 4, 2007. Public Act 07-
167 as codified in Connecticut General Statutes section 14-164c(c)
added a specific exemption for composite vehicles from on-board
diagnostic inspection, while maintaining that composite vehicles
continue to be subject to inspection requirements of section 14-103a.
The amendments to Connecticut General Statutes section 14-164c and its
corresponding SIP amendments will exempt composite vehicles from unique
tailpipe emission testing and on-board diagnostic inspection.
According to the Connecticut Department of Motor Vehicles, a
composite vehicle is defined as, ``Any motor vehicle composed or
assembled from several parts of other motor vehicles, or the
identification and body contours of which are so altered that the
vehicle no longer bears the characteristics of any specific make of
motor vehicle. Any vehicle not assembled by a manufacturer licensed as
such in the State of Connecticut is classified as a composite motor
vehicle.'' Connecticut Inspection and Maintenance Program data
indicates that in 2007, there were 359 composite motor vehicles in
Connecticut. After application of existing emission inspection
exemptions found in 14-164(c) of the Connecticut General Statutes, only
100 of 359 composite motor vehicles would be required to be inspected
by the Division of Motor Vehicles each year. Exempting these 100
vehicles from Connecticut's Inspection and Maintenance program, which
applies to approximately 1,959,000 vehicles, will not have significant
air quality impacts.
During the inspection and maintenance cycle of January 1, 2008 to
December 31, 2009, 1,934,285 gasoline-powered vehicles and 24,758
diesel-powered vehicles received initial Connecticut inspection and
maintenance testing. Exempting the 100 cars, which have all emission-
related components and settings and are subject to all applicable
emission regulations, from a state emission inspection will not change
the motor vehicle inspection and maintenance program inputs in
MOVES2010, nor will it change the resulting motor vehicle emission
factors generated by MOVES2010. Furthermore, EPA believes removing
composite motor vehicle from emission testing does not contravene the
anti-backsliding provisions established in section 110(l) of the CAA.
VI. Proposed Action
EPA is proposing to approve into the Connecticut SIP Connecticut's
section 22a-174-36b, Low Emission Vehicle (LEV II) program, which was
submitted to EPA on January 22, 2010. EPA is also proposing to approve
section 22a-174-36(i) of the Connecticut State Regulations, which
eliminates Connecticut's earlier National Low Emission Vehicle (NLEV)
program and Connecticut's Low Emission Vehicle (LEV I) program and
replaces them with the Connecticut LEV II program. The Connecticut Low
Emission Vehicle II program adopted by Connecticut includes: The
California LEV II light-duty program beginning with model year 2008;
the California LEV II medium-duty vehicle emission standards beginning
with model year 2009; the California LEV II green house gas emission
standards for passenger cars, light-duty trucks and medium-duty
passenger vehicles commencing with 2009 model year vehicles;
environmental performance labeling (with labels containing both smog
scores and global warming scores) for 2008 model year and later
vehicles; and the California ZEV provision. EPA is proposing to approve
the Connecticut LEV II program requirements into the SIP because EPA
has found that the requirements are consistent with the CAA.
Finally, EPA is proposing to remove Connecticut's section 22a-174-
27(b)(3), the definition of composite motor vehicle, and section 22a-
174-27(e), the maximum allowable composite motor vehicle emissions,
from the Connecticut SIP. Composite motor vehicles were eliminated from
Connecticut's motor vehicle emission inspection program in 2007,
consistent with Public Act 07-167 as codified in section 14-164c(c) of
the General Statute of Connecticut.
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 the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.
VII. 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 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 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
[[Page 4313]]
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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 15, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014-01502 Filed 1-24-14; 8:45 am]
BILLING CODE 6560-50-P
