Air Plan Approval; Connecticut; Revision of the Low Emission Vehicles Program, 2097-2100 [2018-00477]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules
levels of government. Accordingly, we
conclude that the rule does not contain
policies that have federalism
implications as defined in the Executive
Order and, consequently, a federalism
summary impact statement is not
required.
VIII. Consultation and Coordination
With Indian Tribal Governments
We have analyzed this proposed rule
in accordance with the principles set
forth in Executive Order 13175. We
have tentatively determined that the
rule does not contain policies that
would have a substantial direct effect on
one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes. The
Agency solicits comments from tribal
officials on any potential impact on
Indian Tribes from this proposed action.
IX. Other Issues for Consideration
This proposed rule would only delay
the effective date of the portions of a
final rule amending the ‘‘intended use’’
regulations for medical products
(§§ 201.128 and 801.4), published in the
Federal Register of January 9, 2017.
Therefore, comments to this proposed
rule should pertain to this delay of the
effective date only with respect to such
provisions.
X. Request for Comments
FDA is proposing to delay, until
further notice, the effective date of the
amendments to §§ 201.128 and 801.4
that were published at 82 FR 2193 on
January 9, 2017. FDA had previously
delayed the effective date on February 7,
2017 (82 FR 9501), and on March 20,
2017 (82 FR 14319). FDA requests
comment on this proposal to further
delay the effective date of the
amendments to §§ 201.128 and 801.4.
Dated: January 10, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–00555 Filed 1–12–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0697; FRL–9972–98–
Region 1]
Air Plan Approval; Connecticut;
Revision of the Low Emission Vehicles
Program
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 on December 14, 2015. This
SIP revision includes Connecticut’s
revised regulation for new motor vehicle
emission standards. Connecticut has
updated its rule to be consistent with
various updates made to California’s
low emission vehicle (LEV) program.
The Connecticut LEV regulations also
include updates to the zero emission
vehicle (ZEV) provision. Connecticut
has adopted these revisions to reduce
emissions of volatile organic
compounds (VOC), particulate matter
(PM), and nitrogen oxides (NOX) in
accordance with the requirements of the
Clean Air Act (CAA), as well as to
reduce greenhouse gases. The intended
effect of this action is to propose
approval of Connecticut’s December 14,
2015 SIP revision. This action is being
taken under the CAA.
DATES: Written comments must be
received on or before February 15, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0697 at
www.regulations.gov, or via email to
rackauskas.eric@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
SUMMARY:
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additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets. Publicly available docket
materials are available at
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Eric
Rackauskas, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, Suite 100 (mail
code: OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1628, fax number (617) 918–0628, email
rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. The California LEV Program
III. Relevant EPA and CAA Requirements
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On December 14, 2015, the
Connecticut Department of Energy and
Environmental Protection (DEEP)
submitted a revision to its SIP
consisting of the amended Section 22a–
174–36b ‘‘Low Emission Vehicle II
Program’’ (LEV II) and the newly
adopted Section 22a–174–36c ‘‘Low
Emission Vehicle III Program’’ (LEV III)
of the Regulations of Connecticut State
Agencies (RCSA). This SIP revision
proposes to adopt regulations to mirror
the California Air Resources Board
(CARB) emission limits for new
passenger cars, light-duty trucks, and
medium-duty passenger vehicles sold,
leased, imported, delivered, purchased,
rented, acquired, or received in the State
of Connecticut. Connecticut’s amended
LEV II and adopted LEV III programs
were submitted as part of an overall
revision to their ‘‘infrastructure SIP’’ for
the 2012 Fine Particle (PM2.5) National
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Ambient Air Quality Standards
(NAAQS), as required by section
110(a)(1) and (2) of the CAA.
EPA previously approved RCSA
Section 22a–174–36b (LEV II) into the
Connecticut SIP on March 17, 2015 (80
FR 13768). The SIP revision approved
on March 17, 2015, adopted the
California LEV II program, which was
effective in Connecticut on December 4,
2004, and subsequently amended on
December 22, 2005, August 4, 2009, and
September 10, 2012. The previously
SIP-approved LEV II program also
included all elements of the ZEV
program, commencing with 2008 model
year vehicles. The current version of
Connecticut’s LEV II program
regulation, which is being proposed for
approval, was amended with an
effective date of August 1, 2013. The
revised Connecticut LEV II program,
submitted as part of Connecticut’s
December 14, 2015 SIP revision,
contains minor updates that place an
end date to LEV II program standards of
model year 2014, for vehicles bought in
Connecticut. Any 2015 and subsequent
model year vehicle is regulated by the
more stringent RCSA Section 22(a)–
174–36c (LEV III), also effective in CT
on August 1, 2013.
Connecticut’s revised regulations also
include updates to the California ZEV
program. In 2003, CARB finalized
modifications to the ZEV program that
better aligned the requirements with the
status of then-available technology
development. The updated CARB
regulations require that 10% of vehicles
be ZEVs starting in 2005, and allow
manufacturers to earn and bank credits
for those types of vehicles produced
before 2005. The program also includes
an ‘‘alternative compliance path’’ that
allowed advanced technology partial
ZEVs (AT PZEVs) (e.g. gasoline electric
hybrids) to be used to meet ZEV
program requirements, provided that
manufacturers meet a requirement that
a portion of the motor vehicle fleet be
fueled by hydrogen fuel cells. The
modifications to the ZEV program also
broadened the scope of vehicles that
qualified for meeting a portion of the
ZEV sales requirement.
Additionally, Connecticut’s LEV III
regulation includes the California
updates to the State’s greenhouse gas
(GHG) program. This update applies to
all passenger cars, light-duty trucks, and
medium-duty vehicles for 2017 and
subsequent model years. Connecticut
previously adopted a GHG provision as
part of its LEV II regulation, which
applies to model year 2009–2016
vehicles. The updated Connecticut GHG
language mirrors the California GHG
regulation.
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II. The California LEV Program
CARB adopted the first generation of
LEV regulations (LEV I) in 1990, which
impacted vehicles through the 2003
model year. CARB adopted California’s
second generation LEV regulation (LEV
II) following a November 1998 hearing.
Subsequent to the adoption of the
California LEV II program in February
2000, EPA adopted separate Federal
standards known as the Tier 2
regulations (February 10, 2000; 65 FR
6698). In December 2000, CARB
modified the California LEV II program
to take advantage of some elements of
the Federal Tier 2 regulations to ensure
that only the cleanest vehicle models
would continue to be sold in California.
EPA granted California a waiver for its
LEV II program on April 22, 2003 (68 FR
19811). In 2012, CARB ‘packaged’ the
third generation LEV program (LEV III)
with updated GHG emission standards
and ZEV requirements as part of
California’s Advanced Clean Cars (ACC)
program. EPA granted California a
waiver for the ACC program on January
9, 2013 (78 FR 2112).
The LEV II and LEV III regulations
expanded the scope of LEV I regulations
by setting strict fleet-average emission
standards for light-duty, medium-duty
(including sport utility vehicles) and
heavy-duty vehicles. The standards for
LEV II began with the 2004 model year
and increased in stringency with each
vehicle model year. The LEV III
standards began in 2015 and continue to
increase emission stringency with each
progressive vehicle model year through
2025 and beyond.
An automobile manufacturer must
show that the overall vehicle fleet for a
given model year meets the specified
phase-in requirements according to the
fleet average non-methane hydrocarbon
requirement for that year. The fleet
average non-methane hydrocarbon
emission limits are progressively lower
with each model year. The program also
requires auto manufacturers to include
a ‘‘smog index’’ label on each vehicle
sold, which is intended to inform
consumers about the amount of
pollution produced by that vehicle
relative to other vehicles.
In addition to meeting the LEV II and
LEV III requirements, large or
intermediate volume manufacturers
must ensure that a certain percentage of
the passenger cars and light-duty trucks
that they market in California are ZEVs.
This is referred to as the ZEV mandate.
California has modified the ZEV
mandate several times since it took
effect. One modification allowed an
alternative compliance program (ACP)
to provide auto manufacturers with
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several options to meet the ZEV
mandate. The ACP established ZEV
credit multipliers to allow auto
manufacturers to take credit for meeting
the ZEV mandate by selling more partial
ZEVs (PZEVs) and AT PZEVs than they
are otherwise required to sell. On
December 28, 2006, EPA granted
California’s request for a waiver of
Federal preemption to enforce
provisions of the ZEV regulations
through the 2011 vehicle model year. In
a letter dated June 27, 2012, CARB
requested that EPA grant a waiver of
preemption that allowed updated ZEV
regulations as part of the ACC program.
These updated ZEV regulations will
require manufacturers to produce
increasing numbers of ZEVs and plug-in
hybrid electric vehicles in 2018 and
subsequent years. EPA granted this
waiver on January 9, 2013 (78 FR 2112).
On October 15, 2005, California
amended its LEV II program to include
GHG emission standards for passenger
cars, light-duty trucks, and mediumduty passenger vehicles. On December
21, 2005, California requested that EPA
grant a waiver of preemption under
CAA section 209(b) for its GHG
regulations. On June 30, 2009, EPA
granted CARB’s request for a waiver of
CAA preemption to enforce its GHG
emission standards for new model year
2009 and subsequent model year motor
vehicles (July 8, 2009; 74 FR 32744–
32784). Approval for updated and
extended GHG emissions standards was
granted by EPA as part of the January 9,
2013 ACC waiver (78 FR 2112), which
includes regulations that incrementally
reduce GHG emissions though 2025 and
beyond.
III. Relevant EPA and CAA
Requirements
Section 209(a) of the CAA prohibits
states from adopting or enforcing
standards relating to the control of
emissions from new motor vehicles or
new motor vehicle engines. However,
under section 209(b) of the CAA, EPA
shall grant a waiver of the section 209(a)
prohibition to the State of California if
EPA makes specified findings, thereby
allowing California to adopt its own
motor vehicle emission standards.
Furthermore, other states may adopt
California’s motor vehicle emission
standards under section 177 of the CAA.
For additional information regarding
California’s motor vehicle emission
standards and adoption by other states,
please see EPA’s ‘‘California Waivers
and Authorizations’’ web page at URL
address: www.epa.gov/otaq/cafr.htm.
This website also lists relevant Federal
Register notices that have been issued
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by EPA in response to California waiver
and authorization requests.
A. Waiver Process
The CAA allows California to seek a
waiver of the preemption which
prohibits states from enacting emission
standards for new motor vehicles. EPA
must grant this waiver before
California’s rules may be enforced.
When California files a waiver request,
EPA publishes a notice for public
hearing and written comment in the
Federal Register. The written comment
period remains open for a period of time
after the public hearing. Once the
comment period expires, EPA reviews
the comments and the Administrator
determines whether the requirements
for obtaining a waiver have been met.
According to CAA section 209—State
Standards, EPA shall grant a waiver
unless the Administrator finds that
California:
—Was arbitrary and capricious in its
finding that its standards are in the
aggregate at least as protective of
public health and welfare as
applicable Federal standards;
—Does not need such standards to meet
compelling and extraordinary
conditions; or
—Proposes standards and
accompanying enforcement
procedures that are not consistent
with section 202(a) of the CAA.
The most recent EPA waiver relevant
to EPA’s proposed approval of
Connecticut’s LEV program is
‘‘California State Motor Vehicle
Pollution Control Standards; Notice of
Decision Granting a Waiver of Clean Air
Act Preemption for California’s
Advanced Clean Car Program and a
Within the Scope confirmation for
California’s Zero Emissions Vehicle
Amendments for 2017 and Earlier
Model Years’’ (January 9, 2013; 78 FR
2112–2145). This final rulemaking
allows California to strengthen
standards for LEV regulations and GHG
emissions from passenger cars, lightduty trucks and medium-duty vehicles.
It also allows for continuing ZEV
regulations by requiring more ZEV
manufacturing and sales through 2025
and subsequent years.
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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,
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the state must adopt such standards at
least two years prior to the
commencement of the model year to
which the standards will apply. EPA
issued guidance (CISD–07–16) 1
regarding its cross-border sales policy
for California-certified vehicles. This
guidance includes a list and map of
states that have adopted California
standards, specific to the 2008–2010
model years. All SIP revisions
submitted to EPA for approval must also
meet the requirements of CAA section
110(l).
The provisions of section 177 of the
CAA require Connecticut to amend the
Connecticut LEV program at such time
as the State of California amends its
California LEV program. Connecticut
has demonstrated its commitment to
maintain a LEV program through the
continued adoption of regulatory
amendments to Connecticut’s initial
LEV program.
In addition, Connecticut’s December
14, 2015 SIP submittal meets the
requirements of section 110(l) of the
CAA because the SIP revision would not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement of the CAA. This
SIP revision sets new requirements, the
California LEV III standards, that are
more stringent than the California LEV
I and LEV II standards previously
approved into the Connecticut SIP, and
expands program coverage to model
year vehicles not covered by the
California LEV I and LEV II standards,
and by extension, not previously
included in the Connecticut SIP.
Though the SIP revision places an end
date to model year cars covered under
the LEV II program, it also adopts the
more stringent LEV III program to apply
to model years immediately following
the LEV II regulated vehicles.
Connecticut’s SIP revision also includes
increasingly stringent GHG emissions
and LEV sales requirements that are not
currently part of the Connecticut SIP.
IV. Proposed Action
EPA is proposing to approve, and
incorporate into the Connecticut SIP,
Connecticut’s revised RCSA Section
22a–174–36b (LEV II) and adopted
RCSA Section 22a–174–36c (LEV III),
effective in the State of Connecticut on
August 1, 2015, and submitted to EPA
on December 14, 2015. The new and
revised regulations include: Ending the
1 See EPA’s October 29, 2007 letter to
Manufacturers regarding ‘‘Sales of Californiacertified 2008–2010 Model Year Vehicles (CrossBorder Sales Policy),’’ with attachments. https://
iaspub.epa.gov/otaqpub/display_file.jsp?docid=
16888&flag=1.
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California LEV II program with model
year 2014 vehicles and adopting the
California LEV III program for model
year 2015 and subsequent model year
vehicles, the updated California GHG
provisions, and the updated ZEV
provisions. EPA is proposing to approve
Connecticut’s revised RCSA Section
22a–174–36b and adopted RCSA
Section 22a–174–36c into the
Connecticut SIP because EPA has found
that the requirements are consistent
with the CAA.
In addition, EPA is proposing to
remove 40 CFR 52.381, which was
promulgated on January 24, 1995 (60 FR
4737). This section states that
Connecticut must comply with the
requirements of 40 CFR 51.120, which
are to implement the Ozone Transport
Commission (OTC) LEV program. As
noted above, Connecticut subsequently
adopted the California LEV and LEV II
programs. Furthermore, today’s
proposed approval of Connecticut’s
revised LEV II and adopted LEV III
programs, if finalized, will add
California’s even more stringent
standards into Connecticut’s SIP. Thus,
Connecticut has satisfied 40 CFR
52.381, and therefore, EPA is proposing
to remove 40 CFR 52.381 from the Code
of Federal Regulations. In addition, on
March 11, 1997, the U.S. Court of
Appeals for the District of Columbia
Circuit vacated the provisions of 40
CFR. 51.120. See Virginia v. EPA, 108
F.3d 1397. Because of the vacatur, EPA
concludes that 40 CFR 52.381 is, in any
event, obsolete.
EPA is soliciting public comments on
the issues discussed in this notice or on
other relevant matters. These comments
will be considered before taking final
action. Interested parties may
participate in the Federal rulemaking
procedure by submitting written
comments to this proposed rule by
following the instructions listed in the
ADDRESSES section of this Federal
Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
Connecticut’s regulations cited in
Section IV of this proposed rulemaking.
The EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and at the
appropriate EPA.
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VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
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tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 2, 2018.
Ken Moraff,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2018–00477 Filed 1–12–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 257
[EPA–HQ–OLEM–2017–0613; FRL–9972–
95–OLEM]
Oklahoma: Approval of State Coal
Combustion Residuals State Permit
Program
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; request
for comment.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is proposing to approve
the application submitted by the
Oklahoma Department of Environmental
Quality to allow the Oklahoma Coal
Combustion Residuals (CCR) state
permit program to operate in lieu of the
Federal CCR program. EPA has
preliminarily determined that
Oklahoma’s program meets the standard
for approval under RCRA. Once
approved, the State program
requirements and resulting permit
provisions will be subject to EPA’s
inspection and enforcement authorities
under RCRA and other applicable
statutory and regulatory provisions as
discussed below. This notice also
announces that EPA is seeking comment
on this proposal during a 45-day public
comment period, and is providing an
opportunity to request a public hearing
within the first 15 days of this comment
period.
DATES: Comments must be received on
or before March 2, 2018. In addition, a
public hearing request must be
submitted on or before January 31, 2018.
SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–HQ–
OLEM–2017–0613, at https://
www.regulations.gov or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mary Jackson, Office of Resource
Conservation and Recovery,
Environmental Protection Agency;
telephone number: (703) 308–8453;
email address: jackson.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
ADDRESSES:
I. General Information
A. Overview of Proposed Actions
EPA is proposing to approve
Oklahoma’s CCR state permit program
application, pursuant to RCRA
4005(d)(1)(B). Oklahoma’s proposed
program would allow the Oklahoma
Department of Environmental Quality
(ODEQ) to enforce rules promulgated
under its solid waste statute related to
CCR activities in non-Indian Country, as
well as to handle permit applications
and to enforce permit violations. If
approved, Oklahoma’s CCR permit
program will operate in lieu of the
Federal CCR program, codified at 40
CFR part 257, subpart D.
This notice also announces that EPA
is seeking comment on this proposal,
and providing an opportunity to request
a public hearing on whether the State’s
program is at least as protective as the
federal program. If there is significant
interest shown in holding a public
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Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Proposed Rules]
[Pages 2097-2100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00477]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0697; FRL-9972-98-Region 1]
Air Plan Approval; Connecticut; Revision of the Low Emission
Vehicles Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Connecticut on December 14, 2015. This SIP revision includes
Connecticut's revised regulation for new motor vehicle emission
standards. Connecticut has updated its rule to be consistent with
various updates made to California's low emission vehicle (LEV)
program. The Connecticut LEV regulations also include updates to the
zero emission vehicle (ZEV) provision. Connecticut has adopted these
revisions to reduce emissions of volatile organic compounds (VOC),
particulate matter (PM), and nitrogen oxides (NOX) in
accordance with the requirements of the Clean Air Act (CAA), as well as
to reduce greenhouse gases. The intended effect of this action is to
propose approval of Connecticut's December 14, 2015 SIP revision. This
action is being taken under the CAA.
DATES: Written comments must be received on or before February 15,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0697 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available
docket materials are available at www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1628, fax number (617) 918-
0628, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. The California LEV Program
III. Relevant EPA and CAA Requirements
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On December 14, 2015, the Connecticut Department of Energy and
Environmental Protection (DEEP) submitted a revision to its SIP
consisting of the amended Section 22a-174-36b ``Low Emission Vehicle II
Program'' (LEV II) and the newly adopted Section 22a-174-36c ``Low
Emission Vehicle III Program'' (LEV III) of the Regulations of
Connecticut State Agencies (RCSA). This SIP revision proposes to adopt
regulations to mirror the California Air Resources Board (CARB)
emission limits for new passenger cars, light-duty trucks, and medium-
duty passenger vehicles sold, leased, imported, delivered, purchased,
rented, acquired, or received in the State of Connecticut.
Connecticut's amended LEV II and adopted LEV III programs were
submitted as part of an overall revision to their ``infrastructure
SIP'' for the 2012 Fine Particle (PM2.5) National
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Ambient Air Quality Standards (NAAQS), as required by section 110(a)(1)
and (2) of the CAA.
EPA previously approved RCSA Section 22a-174-36b (LEV II) into the
Connecticut SIP on March 17, 2015 (80 FR 13768). The SIP revision
approved on March 17, 2015, adopted the California LEV II program,
which was effective in Connecticut on December 4, 2004, and
subsequently amended on December 22, 2005, August 4, 2009, and
September 10, 2012. The previously SIP-approved LEV II program also
included all elements of the ZEV program, commencing with 2008 model
year vehicles. The current version of Connecticut's LEV II program
regulation, which is being proposed for approval, was amended with an
effective date of August 1, 2013. The revised Connecticut LEV II
program, submitted as part of Connecticut's December 14, 2015 SIP
revision, contains minor updates that place an end date to LEV II
program standards of model year 2014, for vehicles bought in
Connecticut. Any 2015 and subsequent model year vehicle is regulated by
the more stringent RCSA Section 22(a)-174-36c (LEV III), also effective
in CT on August 1, 2013.
Connecticut's revised regulations also include updates to the
California ZEV program. In 2003, CARB finalized modifications to the
ZEV program that better aligned the requirements with the status of
then-available technology development. The updated CARB regulations
require that 10% of vehicles be ZEVs starting in 2005, and allow
manufacturers to earn and bank credits for those types of vehicles
produced before 2005. The program also includes an ``alternative
compliance path'' that allowed advanced technology partial ZEVs (AT
PZEVs) (e.g. gasoline electric hybrids) to be used to meet ZEV program
requirements, provided that manufacturers meet a requirement that a
portion of the motor vehicle fleet be fueled by hydrogen fuel cells.
The modifications to the ZEV program also broadened the scope of
vehicles that qualified for meeting a portion of the ZEV sales
requirement.
Additionally, Connecticut's LEV III regulation includes the
California updates to the State's greenhouse gas (GHG) program. This
update applies to all passenger cars, light-duty trucks, and medium-
duty vehicles for 2017 and subsequent model years. Connecticut
previously adopted a GHG provision as part of its LEV II regulation,
which applies to model year 2009-2016 vehicles. The updated Connecticut
GHG language mirrors the California GHG regulation.
II. The California LEV Program
CARB adopted the first generation of LEV regulations (LEV I) in
1990, which impacted vehicles through the 2003 model year. CARB adopted
California's second generation LEV regulation (LEV II) following a
November 1998 hearing. Subsequent to the adoption of the California LEV
II program in February 2000, EPA adopted separate Federal standards
known as the Tier 2 regulations (February 10, 2000; 65 FR 6698). In
December 2000, CARB modified the California LEV II program to take
advantage of some elements of the Federal Tier 2 regulations to ensure
that only the cleanest vehicle models would continue to be sold in
California. EPA granted California a waiver for its LEV II program on
April 22, 2003 (68 FR 19811). In 2012, CARB `packaged' the third
generation LEV program (LEV III) with updated GHG emission standards
and ZEV requirements as part of California's Advanced Clean Cars (ACC)
program. EPA granted California a waiver for the ACC program on January
9, 2013 (78 FR 2112).
The LEV II and LEV III regulations expanded the scope of LEV I
regulations by setting strict fleet-average emission standards for
light-duty, medium-duty (including sport utility vehicles) and heavy-
duty vehicles. The standards for LEV II began with the 2004 model year
and increased in stringency with each vehicle model year. The LEV III
standards began in 2015 and continue to increase emission stringency
with each progressive vehicle model year through 2025 and beyond.
An automobile manufacturer must show that the overall vehicle fleet
for a given model year meets the specified phase-in requirements
according to the fleet average non-methane hydrocarbon requirement for
that year. The fleet average non-methane hydrocarbon emission limits
are progressively lower with each model year. The program also requires
auto manufacturers to include a ``smog index'' label on each vehicle
sold, which is intended to inform consumers about the amount of
pollution produced by that vehicle relative to other vehicles.
In addition to meeting the LEV II and LEV III requirements, large
or intermediate volume manufacturers must ensure that a certain
percentage of the passenger cars and light-duty trucks that they market
in California are ZEVs. This is referred to as the ZEV mandate.
California has modified the ZEV mandate several times since it took
effect. One modification allowed an alternative compliance program
(ACP) to provide auto manufacturers with several options to meet the
ZEV mandate. The ACP established ZEV credit multipliers to allow auto
manufacturers to take credit for meeting the ZEV mandate by selling
more partial ZEVs (PZEVs) and AT PZEVs than they are otherwise required
to sell. On December 28, 2006, EPA granted California's request for a
waiver of Federal preemption to enforce provisions of the ZEV
regulations through the 2011 vehicle model year. In a letter dated June
27, 2012, CARB requested that EPA grant a waiver of preemption that
allowed updated ZEV regulations as part of the ACC program. These
updated ZEV regulations will require manufacturers to produce
increasing numbers of ZEVs and plug-in hybrid electric vehicles in 2018
and subsequent years. EPA granted this waiver on January 9, 2013 (78 FR
2112).
On October 15, 2005, California amended its LEV II program to
include GHG emission standards for passenger cars, light-duty trucks,
and medium-duty passenger vehicles. On December 21, 2005, California
requested that EPA grant a waiver of preemption under CAA section
209(b) for its GHG regulations. On June 30, 2009, EPA granted CARB's
request for a waiver of CAA preemption to enforce its GHG emission
standards for new model year 2009 and subsequent model year motor
vehicles (July 8, 2009; 74 FR 32744-32784). Approval for updated and
extended GHG emissions standards was granted by EPA as part of the
January 9, 2013 ACC waiver (78 FR 2112), which includes regulations
that incrementally reduce GHG emissions though 2025 and beyond.
III. Relevant EPA and CAA Requirements
Section 209(a) of the CAA prohibits states from adopting or
enforcing standards relating to the control of emissions from new motor
vehicles or new motor vehicle engines. However, under section 209(b) of
the CAA, EPA shall grant a waiver of the section 209(a) prohibition to
the State of California if EPA makes specified findings, thereby
allowing California to adopt its own motor vehicle emission standards.
Furthermore, other states may adopt California's motor vehicle emission
standards under section 177 of the CAA.
For additional information regarding California's motor vehicle
emission standards and adoption by other states, please see EPA's
``California Waivers and Authorizations'' web page at URL address:
www.epa.gov/otaq/cafr.htm. This website also lists relevant Federal
Register notices that have been issued
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by EPA in response to California waiver and authorization requests.
A. Waiver Process
The CAA allows California to seek a waiver of the preemption which
prohibits states from enacting emission standards for new motor
vehicles. EPA must grant this waiver before California's rules may be
enforced. When California files a waiver request, EPA publishes a
notice for public hearing and written comment in the Federal Register.
The written comment period remains open for a period of time after the
public hearing. Once the comment period expires, EPA reviews the
comments and the Administrator determines whether the requirements for
obtaining a waiver have been met.
According to CAA section 209--State Standards, EPA shall grant a
waiver unless the Administrator finds that California:
--Was arbitrary and capricious in its finding that its standards are in
the aggregate at least as protective of public health and welfare as
applicable Federal standards;
--Does not need such standards to meet compelling and extraordinary
conditions; or
--Proposes standards and accompanying enforcement procedures that are
not consistent with section 202(a) of the CAA.
The most recent EPA waiver relevant to EPA's proposed approval of
Connecticut's LEV program is ``California State Motor Vehicle Pollution
Control Standards; Notice of Decision Granting a Waiver of Clean Air
Act Preemption for California's Advanced Clean Car Program and a Within
the Scope confirmation for California's Zero Emissions Vehicle
Amendments for 2017 and Earlier Model Years'' (January 9, 2013; 78 FR
2112-2145). This final rulemaking allows California to strengthen
standards for LEV regulations and GHG emissions from passenger cars,
light-duty trucks and medium-duty vehicles. It also allows for
continuing ZEV regulations by requiring more ZEV manufacturing and
sales through 2025 and subsequent years.
B. State Adoption of California Standards
Section 177 of the CAA allows other states to adopt and enforce
California's standards for the control of emissions from new motor
vehicles, provided that, among other things, such state standards are
identical to the California standards for which a waiver has been
granted under CAA section 209(b). In addition, the state must adopt
such standards at least two years prior to the commencement of the
model year to which the standards will apply. EPA issued guidance
(CISD-07-16) \1\ regarding its cross-border sales policy for
California-certified vehicles. This guidance includes a list and map of
states that have adopted California standards, specific to the 2008-
2010 model years. All SIP revisions submitted to EPA for approval must
also meet the requirements of CAA section 110(l).
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\1\ See EPA's October 29, 2007 letter to Manufacturers regarding
``Sales of California-certified 2008-2010 Model Year Vehicles
(Cross-Border Sales Policy),'' with attachments. https://iaspub.epa.gov/otaqpub/display_file.jsp?docid=16888&flag=1.
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The provisions of section 177 of the CAA require Connecticut to
amend the Connecticut LEV program at such time as the State of
California amends its California LEV program. Connecticut has
demonstrated its commitment to maintain a LEV program through the
continued adoption of regulatory amendments to Connecticut's initial
LEV program.
In addition, Connecticut's December 14, 2015 SIP submittal meets
the requirements of section 110(l) of the CAA because the SIP revision
would not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. This SIP revision sets new requirements, the
California LEV III standards, that are more stringent than the
California LEV I and LEV II standards previously approved into the
Connecticut SIP, and expands program coverage to model year vehicles
not covered by the California LEV I and LEV II standards, and by
extension, not previously included in the Connecticut SIP. Though the
SIP revision places an end date to model year cars covered under the
LEV II program, it also adopts the more stringent LEV III program to
apply to model years immediately following the LEV II regulated
vehicles. Connecticut's SIP revision also includes increasingly
stringent GHG emissions and LEV sales requirements that are not
currently part of the Connecticut SIP.
IV. Proposed Action
EPA is proposing to approve, and incorporate into the Connecticut
SIP, Connecticut's revised RCSA Section 22a-174-36b (LEV II) and
adopted RCSA Section 22a-174-36c (LEV III), effective in the State of
Connecticut on August 1, 2015, and submitted to EPA on December 14,
2015. The new and revised regulations include: Ending the California
LEV II program with model year 2014 vehicles and adopting the
California LEV III program for model year 2015 and subsequent model
year vehicles, the updated California GHG provisions, and the updated
ZEV provisions. EPA is proposing to approve Connecticut's revised RCSA
Section 22a-174-36b and adopted RCSA Section 22a-174-36c into the
Connecticut SIP because EPA has found that the requirements are
consistent with the CAA.
In addition, EPA is proposing to remove 40 CFR 52.381, which was
promulgated on January 24, 1995 (60 FR 4737). This section states that
Connecticut must comply with the requirements of 40 CFR 51.120, which
are to implement the Ozone Transport Commission (OTC) LEV program. As
noted above, Connecticut subsequently adopted the California LEV and
LEV II programs. Furthermore, today's proposed approval of
Connecticut's revised LEV II and adopted LEV III programs, if
finalized, will add California's even more stringent standards into
Connecticut's SIP. Thus, Connecticut has satisfied 40 CFR 52.381, and
therefore, EPA is proposing to remove 40 CFR 52.381 from the Code of
Federal Regulations. In addition, on March 11, 1997, the U.S. Court of
Appeals for the District of Columbia Circuit vacated the provisions of
40 CFR. 51.120. See Virginia v. EPA, 108 F.3d 1397. Because of the
vacatur, EPA concludes that 40 CFR 52.381 is, in any event, obsolete.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Connecticut's regulations cited in Section IV of this
proposed rulemaking. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and at the appropriate EPA.
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VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 2, 2018.
Ken Moraff,
Acting Regional Administrator, EPA New England.
[FR Doc. 2018-00477 Filed 1-12-18; 8:45 am]
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