Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program, 13768-13771 [2015-05964]
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Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules and Regulations
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
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200
Commercial Mail
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240
Standard Mail
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243
Prices and Eligibility
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3.0 Basic Eligibility Standards for
Standard Mail
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3.2
Defining Characteristics
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3.2.2 Standard Mail Marketing
Parcels
[Revise 3.2.2 to read as follows:]
All Standard Mail Marketing parcels
(regular and nonprofit) must bear an
alternate addressing format and cannot
be used for ‘‘fulfillment purposes’’ (i.e.
the sending of items specifically
purchased or requested by the customer
of a mailer). The alternate address
format must be on the same line as the
addressee’s name or on the address line
directly above or below the addressee’s
name.
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Stanley F. Mires,
Attorney, Federal Requirements.
[FR Doc. 2015–05885 Filed 3–16–15; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
rljohnson on DSK3VPTVN1PROD with RULES
[EPA–R01–OAR–2010–0121; A–1–FRL–
9915–05–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Low Emission Vehicle
Program
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Connecticut.
The regulations adopted by Connecticut
include the California Low Emission
Vehicle (LEV) II light-duty motor
vehicle emission standards effective in
model year 2008, the California LEV II
medium-duty vehicle standards
effective in model year 2009, and
greenhouse gas emission standards for
light-duty motor vehicles and mediumduty vehicles effective with model year
2009. The Connecticut LEV regulation
submitted also includes a zero emission
vehicle (ZEV) provision, as well as
emission control label and
environmental performance label
requirements. Connecticut has adopted
these revisions to reduce emissions of
volatile organic compounds (VOC) and
nitrogen oxides (NOX) in accordance
with the requirements of the Clean Air
Act (CAA), as well as to reduce
greenhouse gases (carbon dioxide,
methane, nitrous oxide, and
hydrofluorocarbons). In addition,
Connecticut has worked to ensure that
their program is identical to California’s,
as required by the CAA. The intended
effect of this action is to approve the
Connecticut LEV II program. In
addition, EPA is approving the removal
of the definition and regulation of
‘‘composite motor vehicles’’ from the
Connecticut’s SIP-approved vehicle
inspection and maintenance program.
These actions are being taken in
accordance with the CAA.
DATES: This rule is effective on April 16,
2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2010–0121. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square–
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
SUMMARY:
PO 00000
Frm 00012
Fmt 4700
section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at the Bureau of
Air Management, Department of Energy
and Environmental Protection, State
Office Building, 79 Elm Street, Hartford,
CT 06106–1630.
FOR FURTHER INFORMATION CONTACT:
Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square–Suite 100, (Mail code OEP05–2),
Boston, MA 02109–3912, telephone
number (617) 918–1668, fax number
(617) 918–0668, email cooke.donald@
epa.gov.
INFORMATION CONTACT
Sfmt 4700
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Response to Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 27, 2014 (79 FR 4308),
EPA published a Notice of Proposed
Rulemaking (NPR) for the State of
Connecticut, ‘‘Approval and
Promulgation of Air Quality
Implementation Plans; Connecticut;
Low Emission Vehicle Program.’’ The
NPR proposed approval of Connecticut’s
Low Emissions Vehicle II (LEV II)
program, as adopted by Connecticut on
December 4, 2004, and subsequently
amended on December 22, 2005 and
August 4, 2009. The Connecticut LEV II
program is cited as a weight-of-evidence
measure in Connecticut’s Attainment
Demonstration SIP for the 1997 8-hour
ozone standard, submitted to EPA on
February 1, 2008. The formal LEV II SIP
revision was submitted by Connecticut
on January 22, 2010.
On December 4, 2004, Connecticut
repealed the provisions of section 22a–
174–36 of the Regulations of
Connecticut State Agencies, rescinding
both the California Low Emission
Vehicle I program and the National Low
Emission Vehicle (NLEV) program. In
accordance with section 177 of the
Clean Air Act (CAA) and as required by
Connecticut Public Act 04–84,
Connecticut adopted section 22a–174–
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36b, the California Low Emission
Vehicle II (LEV II) program, including
all ‘‘zero emission vehicle’’ program
elements, commencing with 2008 model
year vehicles.
On December 22, 2005, Connecticut
amended section 22a–174–36b of the
Regulations of Connecticut State
Agencies, making minor technical
corrections and clarifications; adopting
California LEV II emission standards
and related provisions for medium-duty
vehicles commencing with the 2009
model year; adopting recently
announced revisions concerning LEV II
greenhouse gas emission standards and
related provisions for passenger cars,
light duty trucks and medium-duty
passenger vehicles commencing with
the 2009 model year in accordance with
section 177 of the CAA and Connecticut
Public Act 04–84; and providing
additional clarification and flexibility
with respect to the implementation of
the zero emissions vehicle (ZEV)
program in Connecticut.
On August 4, 2009, Connecticut
adopted a third amendment consisting
of revisions to two sections of the air
quality regulations concerning motor
vehicles. The recall, warranty, ZEV, and
ZEV travel provision amendments
update the Connecticut LEV program
consistent with changes California made
to its LEV program.
In addition to the amendments to the
Connecticut LEV program,
Connecticut’s January 22, 2010 SIP
revision includes a change in its motor
vehicle inspection and maintenance (I/
M) program to exempt composite
vehicles from I/M program testing.
Other specific requirements of
Connecticut’s LEV II and motor vehicle
I/M programs and the rationale for
EPA’s proposed action are explained in
the NPR and will not be restated here.
II. Response to Public Comments
EPA received comments on the NPR
from one anonymous commenter. This
commenter supported the effort of
Connecticut and other states to follow
California’s lead in implementing a low
emission vehicle program. The
commenter went on to identify three
specific issues: (1) Market failure with
public transportation; (2) cars
manufactured before 2008; and (3)
monitoring emissions.
The action before EPA is to approve
or disapprove Connecticut’s request to
revise its SIP to include California LEV
II light-duty motor vehicle emission
standards (effective in model year 2008),
the California LEV II medium-duty
vehicle standards (effective in model
year 2009), and greenhouse gas emission
standards for light-duty motor vehicles
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and medium-duty vehicles (effective
with model year 2009). The Connecticut
LEV program submitted is identical to
California’s program, as required by the
Clean Air Act, and includes a ZEV
provision, as well as emission control
label and environmental performance
label requirements. Connecticut’s SIP
revision also includes a minor
amendment to the state’s motor vehicle
inspection and maintenance (I/M)
program which exempts composite
vehicles from I/M program testing.
The workings of the public
transportation system and the
development of new light rail
transportation systems referenced by the
commenter is not germane to the
approval of the submitted Connecticut
SIP revision.
In addition, motor vehicles
manufactured prior to 2008 are not
covered by Connecticut’s LEV II
program. These vehicles were required
to be manufactured in accordance with
the Federal Tier 1 and Tier 2 Vehicle
and Gasoline Sulfur Program, as well as
the Northeast National Low Emission
Vehicle Program, the programs in place
at that time. Pre-2008 motor vehicles
registered in Connecticut are also
subject to Connecticut’s I/M program
which is further discussed below.
In the third and final issue, the
commenter asks how emissions would
be monitored and ‘‘how often the rule/
law require[s] drivers to go have a
reading made.’’ This issue is not
relevant to the approval of Connecticut’s
LEV II program. The Connecticut LEV II
program includes requirements that
apply to the manufacturer of motor
vehicles, not the drivers of motor
vehicles. Connecticut’s motor vehicle
I/M program does, however, contain
requirements for drivers. EPA
previously approved Connecticut’s I/M
program into the SIP on December 5,
2008 (73 FR 74019). This program
requires biennial inspections for all
subject motor vehicles that are at least
four years old. Connecticut’s I/M
program covers all gasoline and diesel
vehicles, light duty trucks, and heavy
duty vehicles that are 25 years old and
newer and registered in the State. In
today’s action, EPA is approving a
minor amendment to that program.
Specifically, composite vehicles are
being exempted from I/M program
testing. As explained in EPA’s NPR, this
exemption would exempt only 100
vehicles from Connecticut’s I/M
program which applies to
approximately 1,959,000 vehicles, and
will not have significant air quality
impacts. Other aspects of Connecticut’s
I/M program including the periodic
inspection requirement remain as
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13769
approved by EPA on December 5, 2008
(73 FR 74019).
III. Final Action
EPA is approving Connecticut’s Low
Emission Vehicle Program as a revision
to the Connecticut SIP. Specifically,
EPA is incorporating into the SIP
Regulations of Connecticut State
Agencies (RCSA) section 22a–174–36b
entitled ‘‘Low Emission Vehicles II
Program,’’ effective in the State of
Connecticut on August 10, 2009.
EPA is also approving Connecticut’s
revised Motor Vehicle Inspection and
Maintenance Program as a revision to
the Connecticut SIP. Specifically, EPA
is incorporating into the SIP Regulations
of Connecticut State Agencies (RCSA)
section 22a–174–27 entitled ‘‘Emission
standards and on-board diagnostic II test
requirements for periodic motor vehicle
inspection and maintenance,’’ effective
in the State of Connecticut on August
10, 2009.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 18, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
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not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 29, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Editorial note: This document was received
for publication by the Office of Federal
Register on March 11, 2015.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.370 is amended by
redesignating paragraph (c)(98)(i)(A) as
(c)(98)(i)(A)(1) and adding paragraphs
(c)(98)(i)(A)(2) and (c)(105) to read as
follows:
■
§ 52.370
Identification of plan.
*
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3. In § 52.385, Table 52.385 is
amended by revising the second entry
for state citation 22a–174–27; adding a
new entry for state citation 22a–174–27
after the existing two entries; and
adding two new entries for state citation
22a–174–36b in numerical order to read
as follows:
■
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*
*
*
(c) * * *
(98) * * *
(i) * * *
(A) * * *
(2) In revisions to the State
Implementation Plan submitted by the
Connecticut Department of
Environmental Protection on January
22, 2010 section 22a–174–27 (e) was
repealed by the State of Connecticut
PO 00000
effective August 10, 2009. Section 22a–
174–27 (e), which was approved in
paragraph (c)(98)(i)(A)(1), is removed
from the SIP without replacement; see
paragraph (c)(105)(i)(B) of this section.
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(105) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of
Environmental Protection on January
22, 2010.
(i) Incorporation by reference.
(A) Regulations of Connecticut State
Agencies (RCSA) section 22a–174–36b
entitled ‘‘Low Emission Vehicles II
Program,’’
(1) Regulations of Connecticut State
Agencies (RCSA) section 22a–174–36b
entitled ‘‘Low Emission Vehicles II
Program,’’ effective December 22, 2005,
revisions to the following provisions
(including the text that appears in
underline): Sections 22a–174–36b (a),
(b), (d), (f) through (j), (l), (m), (n), and
(o).
(2) Regulations of Connecticut State
Agencies (RCSA) section 22a–174–36b
entitled ‘‘Low Emission Vehicles II
Program,’’ effective August 10, 2009,
revisions to the following provisions:
Sections 22a–174–36b (c), (e), and (k), as
published in the Connecticut Law
Journal on September 8, 2009.
(B) Regulations of Connecticut State
Agencies (RCSA) section 22a–174–27
entitled ‘‘Emission standards and onboard diagnostic II test requirements for
periodic motor vehicle inspection and
maintenance,’’ effective August 10,
2009, revisions to Section 22a–174–27
(b), as published in the Connecticut Law
Journal on September 8, 2009.
§ 52.385 EPA-approved Connecticut
regulations.
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13771
Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules and Regulations
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut
State
citation
Title/Subject
Date adopted
by State
*
22a–174–27 ..
*
Emission standards and onboard diagnostic II test requirements for periodic
motor vehicle inspection
and maintenance.
22a–174–27 ..
Emission standards and onboard diagnostic II test requirements for periodic
motor vehicle inspection
and maintenance.
*
22a–174–36b
*
Low Emission Vehicles II
Program..
22a–174–36b
Low Emission Vehicles II
Program..
*
*
*
8/25/04
*
12/05/08
8/10/09
3/17/15
BILLING CODE 6560–50–P
Section 52.370
*
74 FR 74019
[Insert Federal Register citation]
*
*
12/22/05
3/17/15
8/10/09
3/17/15
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[FR Doc. 2015–05964 Filed 3–16–15; 8:45 am]
Federal
Register
citation
Date approved
by EPA
*
*
(c)(105)
(c)(105)
*
National Oceanic and Atmospheric
Administration
*
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[Docket No. 141126999–5235–01]
RIN 0648–BE69
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
The Assistant Administrator
(AA) for Fisheries, National Oceanic
and Atmospheric Administration
(NOAA), on behalf of the International
Pacific Halibut Commission (IPHC),
publishes annual management measures
governing the Pacific halibut fishery
recommended as regulations by the
IPHC and accepted by the Secretary of
State. This action is intended to
enhance the conservation of Pacific
SUMMARY:
50 CFR Part 300
*
Adoption of Connecticut’s
Low Emissions Vehicle II
(LEV II) Program. Sections
22a–174–36b (a), (b), (d),
(f) through (j), (l), (m), and
new sections (n) and (o).
Sections 22a–174–36b (c),
(e), and (k).
(c)(105)
[Insert Federal Register citation]
DEPARTMENT OF COMMERCE
*
DEP regulations including
emissions standards and
OBD2 requirements. Paragraph 52.370(c)(98) was
revised March 17, 2015 by
redesignating paragraph
(c)(98)(i)(A) as
(c)(98)(i)(A)(1) and adding
paragraph (c)(98)(i)(A)(2)
to read as follows: (2) In
revisions to the State Implementation Plan submitted by the Connecticut
Department of Environmental Protection on January 22, 2010 section
22a–174–27 (e) was repealed by the State of
Connecticut effective August 10, 2009. Section
22a–174–27 (e), which
was approved in paragraph (c)(98)(i)(A)(1), is
removed from the SIP
without replacement; see
paragraph (c)(105)(i)(B) of
this section.
This SIP revision includes a
change to exempt composite vehicles from tailpipe inspections. Revision
to Section 22a–174–27 (b)
and removal of Section
22a–174–27 (e).
(c)(98)
*
[Insert Federal Register citation]
*
Comments/Description
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]]>Agencies
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13768-13771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05964]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0121; A-1-FRL-9915-05-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. The regulations adopted by Connecticut include the
California Low Emission Vehicle (LEV) II light-duty motor vehicle
emission standards effective in model year 2008, the California LEV II
medium-duty vehicle standards effective in model year 2009, and
greenhouse gas emission standards for light-duty motor vehicles and
medium-duty vehicles effective with model year 2009. The Connecticut
LEV regulation submitted also includes a zero emission vehicle (ZEV)
provision, as well as emission control label and environmental
performance label requirements. Connecticut has adopted these revisions
to reduce emissions of volatile organic compounds (VOC) and nitrogen
oxides (NOX) in accordance with the requirements of the
Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon
dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition,
Connecticut has worked to ensure that their program is identical to
California's, as required by the CAA. The intended effect of this
action is to approve the Connecticut LEV II program. In addition, EPA
is approving the removal of the definition and regulation of
``composite motor vehicles'' from the Connecticut's SIP-approved
vehicle inspection and maintenance program. These actions are being
taken in accordance with the CAA.
DATES: This rule is effective on April 16, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0121. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square-Suite 100, Boston, MA. EPA requests that if
at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Bureau of Air Management, Department of Energy and Environmental
Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-
1630.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1668, fax number (617) 918-0668, email
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. Response to Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 27, 2014 (79 FR 4308), EPA published a Notice of
Proposed Rulemaking (NPR) for the State of Connecticut, ``Approval and
Promulgation of Air Quality Implementation Plans; Connecticut; Low
Emission Vehicle Program.'' The NPR proposed approval of Connecticut's
Low Emissions Vehicle II (LEV II) program, as adopted by Connecticut on
December 4, 2004, and subsequently amended on December 22, 2005 and
August 4, 2009. The Connecticut LEV II program is cited as a weight-of-
evidence measure in Connecticut's Attainment Demonstration SIP for the
1997 8-hour ozone standard, submitted to EPA on February 1, 2008. The
formal LEV II SIP revision was submitted by Connecticut on January 22,
2010.
On December 4, 2004, Connecticut repealed the provisions of section
22a-174-36 of the Regulations of Connecticut State Agencies, rescinding
both the California Low Emission Vehicle I program and the National Low
Emission Vehicle (NLEV) program. In accordance with section 177 of the
Clean Air Act (CAA) and as required by Connecticut Public Act 04-84,
Connecticut adopted section 22a-174-
[[Page 13769]]
36b, the California Low Emission Vehicle II (LEV II) program, including
all ``zero emission vehicle'' program elements, commencing with 2008
model year vehicles.
On December 22, 2005, Connecticut amended section 22a-174-36b of
the Regulations of Connecticut State Agencies, making minor technical
corrections and clarifications; adopting California LEV II emission
standards and related provisions for medium-duty vehicles commencing
with the 2009 model year; adopting recently announced revisions
concerning LEV II greenhouse gas emission standards and related
provisions for passenger cars, light duty trucks and medium-duty
passenger vehicles commencing with the 2009 model year in accordance
with section 177 of the CAA and Connecticut Public Act 04-84; and
providing additional clarification and flexibility with respect to the
implementation of the zero emissions vehicle (ZEV) program in
Connecticut.
On August 4, 2009, Connecticut adopted a third amendment consisting
of revisions to two sections of the air quality regulations concerning
motor vehicles. The recall, warranty, ZEV, and ZEV travel provision
amendments update the Connecticut LEV program consistent with changes
California made to its LEV program.
In addition to the amendments to the Connecticut LEV program,
Connecticut's January 22, 2010 SIP revision includes a change in its
motor vehicle inspection and maintenance (I/M) program to exempt
composite vehicles from I/M program testing.
Other specific requirements of Connecticut's LEV II and motor
vehicle I/M programs and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here.
II. Response to Public Comments
EPA received comments on the NPR from one anonymous commenter. This
commenter supported the effort of Connecticut and other states to
follow California's lead in implementing a low emission vehicle
program. The commenter went on to identify three specific issues: (1)
Market failure with public transportation; (2) cars manufactured before
2008; and (3) monitoring emissions.
The action before EPA is to approve or disapprove Connecticut's
request to revise its SIP to include California LEV II light-duty motor
vehicle emission standards (effective in model year 2008), the
California LEV II medium-duty vehicle standards (effective in model
year 2009), and greenhouse gas emission standards for light-duty motor
vehicles and medium-duty vehicles (effective with model year 2009). The
Connecticut LEV program submitted is identical to California's program,
as required by the Clean Air Act, and includes a ZEV provision, as well
as emission control label and environmental performance label
requirements. Connecticut's SIP revision also includes a minor
amendment to the state's motor vehicle inspection and maintenance (I/M)
program which exempts composite vehicles from I/M program testing.
The workings of the public transportation system and the
development of new light rail transportation systems referenced by the
commenter is not germane to the approval of the submitted Connecticut
SIP revision.
In addition, motor vehicles manufactured prior to 2008 are not
covered by Connecticut's LEV II program. These vehicles were required
to be manufactured in accordance with the Federal Tier 1 and Tier 2
Vehicle and Gasoline Sulfur Program, as well as the Northeast National
Low Emission Vehicle Program, the programs in place at that time. Pre-
2008 motor vehicles registered in Connecticut are also subject to
Connecticut's I/M program which is further discussed below.
In the third and final issue, the commenter asks how emissions
would be monitored and ``how often the rule/law require[s] drivers to
go have a reading made.'' This issue is not relevant to the approval of
Connecticut's LEV II program. The Connecticut LEV II program includes
requirements that apply to the manufacturer of motor vehicles, not the
drivers of motor vehicles. Connecticut's motor vehicle I/M program
does, however, contain requirements for drivers. EPA previously
approved Connecticut's I/M program into the SIP on December 5, 2008 (73
FR 74019). This program requires biennial inspections for all subject
motor vehicles that are at least four years old. Connecticut's I/M
program covers all gasoline and diesel vehicles, light duty trucks, and
heavy duty vehicles that are 25 years old and newer and registered in
the State. In today's action, EPA is approving a minor amendment to
that program. Specifically, composite vehicles are being exempted from
I/M program testing. As explained in EPA's NPR, this exemption would
exempt only 100 vehicles from Connecticut's I/M program which applies
to approximately 1,959,000 vehicles, and will not have significant air
quality impacts. Other aspects of Connecticut's I/M program including
the periodic inspection requirement remain as approved by EPA on
December 5, 2008 (73 FR 74019).
III. Final Action
EPA is approving Connecticut's Low Emission Vehicle Program as a
revision to the Connecticut SIP. Specifically, EPA is incorporating
into the SIP Regulations of Connecticut State Agencies (RCSA) section
22a-174-36b entitled ``Low Emission Vehicles II Program,'' effective in
the State of Connecticut on August 10, 2009.
EPA is also approving Connecticut's revised Motor Vehicle
Inspection and Maintenance Program as a revision to the Connecticut
SIP. Specifically, EPA is incorporating into the SIP Regulations of
Connecticut State Agencies (RCSA) section 22a-174-27 entitled
``Emission standards and on-board diagnostic II test requirements for
periodic motor vehicle inspection and maintenance,'' effective in the
State of Connecticut on August 10, 2009.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or
[[Page 13770]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 18, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 29, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Editorial note: This document was received for publication by the
Office of Federal Register on March 11, 2015.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.370 is amended by redesignating paragraph (c)(98)(i)(A)
as (c)(98)(i)(A)(1) and adding paragraphs (c)(98)(i)(A)(2) and (c)(105)
to read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(98) * * *
(i) * * *
(A) * * *
(2) In revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 22, 2010
section 22a-174-27 (e) was repealed by the State of Connecticut
effective August 10, 2009. Section 22a-174-27 (e), which was approved
in paragraph (c)(98)(i)(A)(1), is removed from the SIP without
replacement; see paragraph (c)(105)(i)(B) of this section.
* * * * *
(105) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 22, 2010.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,''
(1) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,'' effective
December 22, 2005, revisions to the following provisions (including the
text that appears in underline): Sections 22a-174-36b (a), (b), (d),
(f) through (j), (l), (m), (n), and (o).
(2) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,'' effective August
10, 2009, revisions to the following provisions: Sections 22a-174-36b
(c), (e), and (k), as published in the Connecticut Law Journal on
September 8, 2009.
(B) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-27 entitled ``Emission standards and on-board diagnostic II test
requirements for periodic motor vehicle inspection and maintenance,''
effective August 10, 2009, revisions to Section 22a-174-27 (b), as
published in the Connecticut Law Journal on September 8, 2009.
0
3. In Sec. 52.385, Table 52.385 is amended by revising the second
entry for state citation 22a-174-27; adding a new entry for state
citation 22a-174-27 after the existing two entries; and adding two new
entries for state citation 22a-174-36b in numerical order to read as
follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
[[Page 13771]]
Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
-------------------------------- Federal Register
Connecticut State citation Title/Subject Date adopted Date approved citation Section 52.370 Comments/Description
by State by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
22a-174-27........................ Emission standards 8/25/04 12/05/08 74 FR 74019 (c)(98) DEP regulations
and on-board including emissions
diagnostic II test standards and OBD2
requirements for requirements.
periodic motor Paragraph
vehicle inspection 52.370(c)(98) was
and maintenance. revised March 17,
2015 by
redesignating
paragraph
(c)(98)(i)(A) as
(c)(98)(i)(A)(1) and
adding paragraph
(c)(98)(i)(A)(2) to
read as follows: (2)
In revisions to the
State Implementation
Plan submitted by
the Connecticut
Department of
Environmental
Protection on
January 22, 2010
section 22a-174-27
(e) was repealed by
the State of
Connecticut
effective August 10,
2009. Section 22a-
174-27 (e), which
was approved in
paragraph
(c)(98)(i)(A)(1), is
removed from the SIP
without replacement;
see paragraph
(c)(105)(i)(B) of
this section.
22a-174-27........................ Emission standards 8/10/09 3/17/15 [Insert Federal (c)(105) This SIP revision
and on-board Register citation] includes a change to
diagnostic II test exempt composite
requirements for vehicles from
periodic motor tailpipe
vehicle inspection inspections.
and maintenance. Revision to Section
22a-174-27 (b) and
removal of Section
22a-174-27 (e).
* * * * * * *
22a-174-36b....................... Low Emission Vehicles 12/22/05 3/17/15 [Insert Federal (c)(105) Adoption of
II Program.. Register citation] Connecticut's Low
Emissions Vehicle II
(LEV II) Program.
Sections 22a-174-36b
(a), (b), (d), (f)
through (j), (l),
(m), and new
sections (n) and
(o).
22a-174-36b....................... Low Emission Vehicles 8/10/09 3/17/15 [Insert Federal (c)(105) Sections 22a-174-36b
II Program.. Register citation] (c), (e), and (k).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-05964 Filed 3-16-15; 8:45 am]
BILLING CODE 6560-50-P
