Air Plan Approval; Connecticut; Approval of State Implementation Plan Requirements for the 2008 Ozone Standard, 92079-92084 [2024-27050]
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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Proposed Rules
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system of continuing to preserve records
pertinent to charges filed under title VII,
the ADA, and GINA until final
disposition of those charges is modified
to likewise preserve records relating to
charges filed under the PWFA (based
upon the above estimate that a new
entity would need 30 minutes to
implement its recordkeeping system).
For the 887,869 respondents, this 30minute burden per entity results in a
total one-time burden of 443,935 hours
(.5 hour × 887,869 respondents =
443,935 hours). The estimated
associated one-time burden hour cost to
respondents is $14,441,189.29, or
around $16.27 per entity.23
Pursuant to the Paperwork Reduction
Act of 1995, and OMB regulation 5 CFR
1320.8(d)(1), the Commission solicits
public comment to enable it to:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
Commission’s functions, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
Commission’s estimate of the burden of
the proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
The Office of Information and
Regulatory Affairs in OMB and the
Commission review all comments
posted at www.regulations.gov.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601–612, requires the
Commission to evaluate the economic
impact of this rulemaking on small
entities. The RFA defines small entities
to include small businesses, small
organizations, including not-for-profit
organizations, and small governmental
jurisdictions. The Commission must
determine whether the rule would
impose a significant economic impact
on a substantial number of such small
entities. When an agency issues a
rulemaking proposal, the RFA requires
the agency to ‘‘prepare and make
available for public comment an initial
regulatory flexibility analysis’’ which
will ‘‘describe the impact of the rule on
23 Id.
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small entities.’’ 24 Section 605 of the
RFA allows an agency to certify a rule,
in lieu of preparing an analysis, if the
rulemaking is not expected to have a
significant economic impact on a
substantial number of small entities. For
the reasons outlined below, the Chair of
the Commission hereby certifies that
this rulemaking will not have a
significant economic impact on a
substantial number of small entities.
This proposed rulemaking applies to
employers with fifteen or more
employees, the majority of which are
small entities.25 Although this proposed
rule would impact small entities, it will
not have a ‘‘significant economic
impact’’ on those entities. As discussed
above, the proposed rulemaking may
result in each small entity subject to the
EEOC’s recordkeeping requirements
incurring a one-time cost of
approximately $16.27, either as a new
entity implementing a recordkeeping
system that complies with the
requirement or an existing entity
updating the recordkeeping system it
already has in place. The Commission
has determined that the impact of this
minimal one-time cost of $16.27 per
affected small entity will not be
‘‘significant.’’ Accordingly, the
Commission certifies under 5 U.S.C.
605(b) that this rulemaking will not
have a significant economic impact on
a substantial number of small entities
because any burden it may impose on
these entities is minimal. For this
reason, a regulatory flexibility analysis
is not required.
Unfunded Mandates Reform Act of 1995
This rulemaking will not result in the
expenditure by State, local, or Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, in 1995 dollars,
updated annually for inflation. It will
not significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1501, 1532(a).
Congressional Review Act
This proposed rule is not a ‘‘rule’’
under the Congressional Review Act
(Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996) because the Congressional Review
24 5
U.S.C. 603(a).
U.S. Census Bureau, 2021 Statistics of
U.S. Businesses (SUSB) (Dec. 2023) (https://
www.census.gov/data/tables/2021/econ/susb/2021susb-annual.html). Local Downloadable CSV data.
Select U.S. & states, 6-digit NAICS; U.S. Small Bus.
Admin., Table of Size Standards (Mar. 17, 2023)
(https://www.sba.gov/document/support-table-sizestandards).
25 Sources:
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92079
Act only applies to final rules.
Therefore, the reporting requirement of
5 U.S.C. 801 does not apply.
List of Subjects in 29 CFR Part 1602
Administrative practice and
procedure, Equal employment
opportunity.
Accordingly, the U.S. Equal
Employment Opportunity Commission
proposes to amend 29 CFR part 1602, as
follows:
PART 1602—RECORDKEEPING AND
REPORTING REQUIREMENTS UNDER
TITLE VII, THE ADA, GINA, AND THE
PWFA
1. The authority citation for part 1602
continues to read as follows:
■
Authority: 42 U.S.C. 2000e–8, 2000e–12;
44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42
U.S.C. 2000ff–6; 42 U.S.C. 2000gg–2.
§ § 1602.14, 1602.21, 1602.28, and 1602.31
[Amended]
2. Remove the words ‘‘title VII, the
ADA, or GINA’’ and add in their place
the words ‘‘title VII, the ADA, GINA, or
PWFA’’ in the following places:
■ a. Section 1602.14;
■ b. Section 1602.21(b);
■ c. Section 1602.28(a); and
■ d. Section 1602.31.
■
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024–27286 Filed 11–20–24; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2024–0051; FRL–12403–
01–R1]
Air Plan Approval; Connecticut;
Approval of State Implementation Plan
Requirements for the 2008 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Connecticut. The SIP revisions are for
the Connecticut portion of the New
York-Northern New Jersey-Long Island,
NY-NJ-CT Serious ozone nonattainment
area for the 2008 ozone standard. The
revisions pertain to requirements
relating to reasonable further progress
(RFP) plans, an Enhanced vehicle
SUMMARY:
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emissions inspection and maintenance
(I/M) program, transportation
conformity, and a clean fuels for motor
vehicles program. EPA is also starting
the adequacy process for the motor
vehicle emissions budgets included in
the RFP SIP revision. This action is
being taken under the Clean Air Act.
DATES: Written comments must be
received on or before December 23,
2024.
Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2024–0051 at https://
www.regulations.gov, or via email to:
mcconnell.robert@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
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
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
Air Quality Branch, (Mail Code 5–MD),
U.S. Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
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ADDRESSES:
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3912; (617) 918–1046;
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. Description of State’s Submittals
III. Evaluation of State’s Submittals
A. Reasonable Further Progress Plans
B. RFP Motor Vehicle Emissions Budgets/
Transportation Conformity
C. Inspection and Maintenance (I/M)
Program
D. Clean Fuels Program
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA revised
both the primary and secondary
National Ambient Air Quality Standards
(NAAQS) for ozone to a level of 0.075
parts per million (ppm) (annual fourthhighest daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
public health and the environment (73
FR 16436, March 27, 2008). The 2008
ozone NAAQS retains the same general
form and averaging time as the 0.08
ppm NAAQS set in 1997, but is set at
a more protective level. Under the EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15.
Effective July 20, 2012, the EPA
designated as nonattainment any area
that was violating the 2008 8-hour
ozone NAAQS based on the three most
recent years (2008–2010) of air
monitoring data (77 FR 30088, May 21,
2012). With that rulemaking, three
counties within Connecticut, Fairfield,
Middlesex, and New Haven Counties,
were included within a nonattainment
area described as the New York-N. New
Jersey-Long Island NY-NJ-CT area and
were designated as a Marginal ozone
nonattainment area. For brevity, in the
remainder of this notice we refer to this
area as the NY-NJ-CT area. Areas that
were designated as Marginal
nonattainment were required to attain
the 2008 8-hour ozone NAAQS no later
than July 20, 2015, based on 2012–2014
monitoring data. On May 14, 2016 (81
FR 26697), the EPA published its
determination that the NY-NJ-CT area,
as well as other nonattainment areas in
the country, had failed to attain the
2008 8-hour ozone NAAQS by the
Marginal area attainment deadline, and
so these areas were reclassified to
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Moderate ozone nonattainment areas.
See 40 CFR 81.306. Moderate areas were
required to attain the 2008 8-hour ozone
NAAQS by no later than six years after
the effective date of designations, or July
20, 2018. See 40 CFR 51.903.
Subsequently, on August 23, 2019 (84
FR 44238), the EPA published its
determination that the NY-NJ-CT area,
as well as other nonattainment areas in
the country, had failed to attain the
2008 8-hour ozone NAAQS by the
Moderate area attainment deadline, and
so these areas were reclassified as
Serious ozone nonattainment areas.
Serious areas were required to attain the
2008 8-hour ozone NAAQS by no later
than nine years after the effective date
of designations, or July 20, 2021.
Furthermore, on October 7, 2022 (87 FR
60926), the EPA published its
determination that the NY-NJ-CT area,
as well as other nonattainment areas in
the country, had failed to attain the
2008 8-hour ozone NAAQS by the
Serious area attainment deadline, and so
these areas were reclassified as Severe
ozone nonattainment areas. Severe areas
are required to attain the 2008 8-hour
ozone NAAQS by no later than 15 years
after the effective date of designations,
or July 20, 2027. See 40 CFR 51.903.
However, Connecticut’s SIP submittal,
and EPA’s proposed approval, relates to
obligations under the CAA as a result of
the area’s prior reclassification to
Serious. Additional SIP obligations are
anticipated from the State as a result of
the area’s most recent reclassification to
Severe.
II. Description of State’s Submittals
Clean Air Act (CAA) section 182,
subpart 2, outlines SIP requirements
applicable to ozone nonattainment areas
in each classification category.
Requirements for each type of
classification area were established
under the provisions of the EPA’s ozone
implementation rule for the 2008 8-hour
ozone NAAQS (40 CFR part 51, subpart
AA). Examples of these requirements
include submission of a reasonable
further progress plan, and controls on
stationary sources that represent
reasonably available control technology
(RACT).
On June 23, 2022, Connecticut
submitted SIP revisions required due to
the State’s classification as a Serious
nonattainment area for the 2008 ozone
standard that included an RFP plan
with motor vehicle emissions budgets
(‘‘budgets’’), the I/M program
certification, and a certification that the
State’s previously adopted clean fuels
program continues to meet CAA
requirements. EPA is proposing
approval of these items for the reasons
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articulated below. Connecticut’s June
23, 2022, submittal also contained other
SIP revisions, but today we are
proposing action on only the items
mentioned above.
On November 17, 2022, Connecticut
submitted a supplement to the June 23,
2022 SIP submittal; the November 17,
2022 supplement consists of a modeling
analysis comparing the Connecticut I/M
program to the Federal Enhanced I/M
performance standard.
On December 12, 2023, Connecticut
submitted a clarification letter as a
supplement to the June 23, 2022 RFP
SIP submittal. The December 12, 2023
supplement clarified that motor vehicle
emissions budgets were being submitted
only for the Connecticut portion of the
NY-NJ-CT nonattainment area. The
December 12, 2023 supplement also
included a revised version of the RFP
plan to replace section 9 of the June 23,
2022 SIP submittal.
The RFP plan contained within
Connecticut’s submittal documents
showed that a nine percent (9%)
reduction in ozone precursor emissions
occurred over the three-year time period
from 2018 to 2020 relative to emissions
in 2011. Table 9–2 of the State’s
submittal illustrates the oxides of
nitrogen (NOX) and volatile organic
compounds (VOCs) emission target
levels that needed to be met by 2020 for
the State to meet its RFP emission
reduction obligation, and table 9–4
provides a comparison of 2020 emission
levels to these targets and confirms that
the State did meet these targets, and
furthermore, was considerably below
them. Regarding transportation
conformity, Connecticut’s RFP SIP
submittal establishes motor vehicle
emissions budgets for 2020 for the
Connecticut portion of the NY-NJ-CT
nonattainment area that are more
restrictive than the previous budgets
that EPA approved for 2017 on October
1, 2018 (see 83 FR 49297), and also
notes that the State provides a two
percent (2%) contingency buffer to
account for uncertainties inherent to the
creation of these budgets. The
Connecticut Department of Energy and
Environmental Protection notes that it
works with the State’s Department of
Transportation to ensure that emissions
from transportation projects do not
exceed the motor vehicle emissions
budgets it establishes.
Regarding vehicle emissions I/M
program, Connecticut’s submittal notes
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that it implements a statewide program
that meets EPA’s Enhanced I/M
performance specifications pursuant to
State authority codified within the
Regulations of Connecticut State
Agencies (RCSA) at section 22a–174–27
and the Connecticut General Statutes at
14–164c. The aforementioned November
17, 2022 supplement includes
additional technical support regarding
Connecticut conducting performance
standard modeling to support its June
23, 2022 I/M certification submittal.
Regarding a clean fuels program,
Connecticut’s submittal documents that
its previously adopted and SIP
approved program continues to meet
CAA requirements. These SIP revisions
and associated supporting documents
are available in the docket for this
action, at https://www.regulations.gov,
docket number EPA–R01–OAR–2024–
0051. Section III discusses our
evaluation of these SIP submittals from
Connecticut.
III. Evaluation of State’s Submittals
A. Reasonable Further Progress Plans
Section 182(b)(1) of the CAA and the
EPA’s 2008 Ozone Implementation Rule
require that States submit an RFP
demonstration for each 8-hour ozone
nonattainment area designated moderate
and above, for review and approval into
its SIP, that describes how the area will
achieve actual emissions reductions of
VOC and NOX from a baseline emissions
inventory. The 2008 Ozone
Implementation Rule sets 2011 as the
base year against which RFP emission
reductions are measured, and EPA
approved Connecticut’s 2011 base year
emissions inventory into the
Connecticut SIP on October 1, 2018 (see
83 FR 49297). Additionally, EPA
approved Connecticut’s initial RFP plan
for the 2008 NAAQS, which
demonstrated a 15% reduction in ozone
precursor emissions that occurred
between 2012–2017, within the same
October 1, 2018 action mentioned
above.
In addition to demonstrating the 15%
emission reduction described above,
ozone nonattainment areas classified as
Serious or higher must also demonstrate
that additional reductions in ozone
precursor emissions occur that average
three percent (3%) per year beginning in
the seventh year after designation and
lasting until the area’s attainment date,
which for Serious areas occurs nine
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92081
years after designation. After taking into
consideration the 15% emission
reduction that was previously
documented to occur between 2011 and
2018, Connecticut’s submittal
demonstrates that RFP was achieved for
the second RFP increment by showing
that ozone precursor emissions declined
by a total of 24 percent (15% between
2011 and 2017, plus 9% between 2018
and 2020) between 2011 and 2020.
Connecticut set its ozone precursor
target levels to reflect a 16% reduction
in NOX emissions, and an 8% reduction
in VOC emissions would occur by 2020.
As noted below, Connecticut’s RFP plan
illustrates that Connecticut achieved a
greater reduction in ozone precursor
emissions than this amount over the
nine-year period from 2011 to 2020.
One aspect of the RFP plan includes
estimating emissions for the year 2020.
Connecticut relied primarily on the
emissions projection work it had
developed and submitted to the MidAtlantic Regional Air Management
Association (MARAMA), which is a
regional organization that assists the
mid-Atlantic and Northeast States with
the development of emissions modeling
files for use in ozone modeling. The
projection of emissions from electrical
generating units (EGUs) was
accomplished using a forecasting tool
developed by the Eastern Regional
Technical Advisory Group (ERTAC)
which is made up of technical staff from
the Northeast and mid-Atlantic States,
including Connecticut, with expertise in
the emissions, controls, and projection
of emissions from electrical generating
units. Connecticut accounted for
emissions held within its emissions
offsets bank that are available for use as
emissions offsets within the RFP
analysis.
Table 1 below contains a summary of
the 2011 RFP baseline inventory, 2020
target levels incorporating the eight
percent (8%) VOC and 16% NOX
emission reductions, and 2020
projected, controlled emissions for the
Connecticut portion of the NY-NJ-CT
nonattainment area. Connecticut’s RFP
analysis shows that projected,
controlled VOC and NOX emissions in
2020 will be well below the emission
target levels, thereby demonstrating that
RFP has been met. Note that we are only
proposing action on the Connecticut
portion of the RFP plan for the NY-NJCT area.
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TABLE 1—SUMMARY OF RFP CALCULATIONS FOR CT’S PORTION OF THE NY-NJ-CT NONATTAINMENT AREA
VOC emissions
(tons/summer day)
Description
RFP 2011 Baseline inventory ..........................................................................................................
2020 target level of emissions .........................................................................................................
2020 projected, controlled emissions ..............................................................................................
RFP plans must include budgets,
which identify the allowable on-road
mobile emissions an area can produce
and continue to demonstrate RFP. The
State’s RFP plan includes budgets for
the Connecticut portion of the NY-NJCT nonattainment area for 2020. The
budgets are discussed in detail in
section III.B of this notice.
B. RFP Motor Vehicle Emissions
Budgets/Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means conformity
to an implementation plan’s purpose of
eliminating or reducing the severity and
number of violations of the NAAQS and
achieving expeditious attainment of the
NAAQS, and that transportation
activities will not produce new air
quality violations, worsen existing
violations, or delay timely attainment of
the NAAQS or any required interim
emission reductions or other milestones
in any area. (CAA 176(c)(1)(A) and (B)).
The EPA’s conformity rule at 40 CFR
part 93, subpart A requires that
transportation plans, transportation
improvement programs, and projects
conform to SIPs and establishes the
criteria and procedures for determining
whether or not they conform. To
effectuate its purpose, the conformity
rule requires a demonstration that
emissions from the metropolitan
planning organization’s (MPO) Regional
Transportation Plan (RTP) and the
Transportation Improvement Program
(TIP) are consistent with the budgets
contained in the control strategy SIP
revision or maintenance plan (40 CFR
93.101, 93.118, and 93.124). The term
NOX emissions
(tons/summer day)
115.6
106.4
83.9
115.1
96.7
60.4
‘‘Motor vehicle emissions budget’’ is
defined in 40 CFR 93.101 as ‘‘that
portion of the total allowable emissions
defined in the submitted or approved
control strategy . . . [SIP] or
maintenance plan for a certain date for
the purpose of meeting reasonable
further progress milestones or
demonstrating attainment or
maintenance of the NAAQS, for any
pollutant or its precursors, allocated to
highway and transit vehicle use and
emissions.’’
The RFP plan submitted by
Connecticut is a control strategy SIP,
and it contains 2020 budgets for VOCs
and NOX for the Connecticut portion of
the NY-NJ-CT nonattainment area. Table
2 contains these VOC and NOX budgets,
based on MOVES2014b, in units of tons
per summer day:
TABLE 2—MOTOR VEHICLE EMISSIONS BUDGETS IN THE CONNECTICUT RFP PLAN
2020 Transportation
conformity budgets
(tons/day)
Area name
VOC
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NY-NJ-CT area (CT portion) Without Contingency Buffer ..........................................................................
NY-NJ-CT area (CT portion) With Contingency Buffer ...............................................................................
In this action, we are proposing
approval of the 2020 budgets for VOC
and NOX for the Connecticut portion of
the NY-NJ-CT nonattainment area
shown in table 2 above. As part of this
action, EPA is also initiating the
adequacy process for these 2020 budgets
providing opportunity for the public to
review and comment. The criteria we
use to determine whether a SIP’s
budgets are adequate for conformity
purposes are outlined in 40 CFR
93.118(e)(4). We further described our
process for determining the adequacy of
submitted SIP budgets in 40 CFR
93.118(f). The public can comment on
the adequacy of budgets, along with
EPA’s proposed approval of the budgets,
during the comment period defined in
the DATES section above.
C. Inspection and Maintenance (I/M)
Program
The goal of I/M programs is to
identify and repair high-emitting
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vehicles to improve air quality in areas
that are not attaining the NAAQS.1
Section 182(c)(3) of the CAA requires
States with ozone nonattainment areas
classified as Serious or above to
implement an Enhanced I/M program to
reduce VOC and NOX emissions from
in-use motor vehicles registered in
urbanized portions of the nonattainment
area. The Federal rules addressing I/M
program requirements are provided at
40 CFR part 51, subpart S. Under these
requirements, Serious ozone
nonattainment areas in urbanized areas
with 1980 Census-defined urbanized
populations of 200,000 or more are
required to adopt Enhanced I/M
programs (40 CFR 51.350(a)(2)).
Similarly, pursuant to CAA section
182(b)(4), States with ozone
1 For more information, see Overview of Vehicle
Inspection and Maintenance (I/M) Programs (EPA–
420–F–21–067, October 2021) at https://
nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=
P1013CC0.pdf.
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NOX
17.3
17.6
22.8
23.3
nonattainment areas classified as
Moderate are required to implement a
Basic I/M program in certain applicable
areas. To address this Basic I/M
requirement for the Connecticut portion
of the NY-NJ-CT 2008 ozone NAAQS
Moderate nonattainment area,
Connecticut submitted a SIP revision on
August 8, 2017. Due to more stringent
nonattainment classifications under
previous NAAQS and Connecticut’s
inclusion as part of the Ozone Transport
Region (OTR), Connecticut already had
been implementing an Enhanced I/M
program.2 On March 29, 2019, at 84 FR
11884, EPA approved Connecticut’s
2 Connecticut was required to implement an
Enhanced I/M program as a result of having statewide designations of serious and severe for the 1979
1-hour ozone NAAQS. Furthermore, because
Connecticut is in the OTR, CAA section 184(b)(1)
requires implementation of an Enhanced I/M
program in some portions of the State.
Connecticut’s state-wide Enhanced I/M program
was initially approved into the Connecticut SIP on
December 5, 2008 (73 FR 74019).
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certification that the State’s vehicle
emissions I/M program implemented via
the regulation and statute mentioned
above satisfied the CAA’s requirement
for Moderate ozone nonattainment areas
and for States located within the Ozone
Transport Region (OTR).
Connecticut’s I/M certification
submittal of June 23, 2022, being
proposed for approval here, notes that
although the OTR requirements of the
CAA include a requirement that
Enhanced I/M programs be
implemented within metropolitan
statistical areas with populations
exceeding 100,000, the State
implements Enhanced I/M statewide
and thus the I/M program is SIPstrengthening and more stringent than
required. Connecticut’s Enhanced I/M
program tests gasoline-fueled and
diesel-fueled motor vehicles up to
10,000 pounds gross vehicle weight
rating (GVWR), requires on-board
diagnostic testing on Model Year (MY)
1996 and newer vehicles, and requires
more comprehensive tailpipe testing on
MY 1995 and older vehicles. The
Enhanced I/M program also implements
an emissions control device inspection
through visual inspection for the
presence of catalytic converter(s) and
other major emissions control
equipment. More details of the State’s
Enhanced I/M program may be found in
section 6 of Connecticut’s June 23, 2022,
submittal. The State’s submittal also
attests that Connecticut’s I/M program
complies with all applicable CAA and
I/M rule requirements for Enhanced I/M
programs.
On November 17, 2022, Connecticut
submitted supplemental documentation
containing an I/M performance standard
modeling analysis using EPA’s latest
mobile source emissions model at the
time of the analysis (MOVES3). To
demonstrate that the Connecticut
92083
Enhanced I/M program meets the
Enhanced program performance
standard described in 40 CFR 51.351,
the Connecticut program must be
modeled to show that, it achieves the
same or lower emission rates of VOC
and NOX as the Federal model
Enhanced program to within 0.02 grams
per mile for the area’s total vehicle
miles travelled on a July weekday in the
appropriate analysis year. Connecticut’s
supplemental demonstration shows that
the State’s I/M program meets the
applicable Enhanced I/M performance
standard requirements for the 2008
ozone NAAQS for the analysis years of
2020, 2023, and 2025.
Table 3 contains the results of the
performance standard modeling, which
illustrates that the Connecticut I/M
program achieves the same or lower
emission rates as the Federal model
Enhanced program to within 0.02 grams
per mile.
TABLE 3—I/M PERFORMANCE STANDARD EVALUATION EMISSION RATES
CT’s portion of the NY-NJ-CT nonattainment area
Current Connecticut
I/M program
Enhanced
performance standard
I/M Performance Standard Evaluation Emission Rates (grams/mile)
2020 Summer
VOC .........................................................................................................................................
CO ............................................................................................................................................
NOX ..........................................................................................................................................
0.364
3.772
0.267
0.369
4.333
0.265
0.230
3.143
0.279
0.227
3.615
0.278
0.211
2.783
0.238
0.207
3.203
0.236
2023 Summer
VOC .........................................................................................................................................
CO ............................................................................................................................................
NOX ..........................................................................................................................................
2025 Summer
lotter on DSK11XQN23PROD with PROPOSALS1
VOC .........................................................................................................................................
CO ............................................................................................................................................
NOX ..........................................................................................................................................
Based on our review, we find that
State’s modeling analysis showed that
the State I/M program was modeled
appropriately; modeling inputs
accurately reflected the vehicles subject
to I/M testing and emission reductions
from the State program were greater
than or equal to the I/M benchmark
program for the Enhanced performance
standard. This modeling was consistent
with the most current guidance at the
time of, and we concur with the State’s
determination that the Connecticut I/M
program meets the performance
standard and requirements for
Enhanced I/M. We therefore propose
approval of the I/M SIP certification.
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16:39 Nov 20, 2024
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D. Clean Fuels Program
CAA section 182(c)(4) requires States
with ozone nonattainment areas
classified as Serious or above with 1980
populations greater than 250,000 to
submit a SIP revision to either ‘‘include
such measures as may be necessary to
ensure the effectiveness of the
applicable provisions of the clean-fuel
vehicle program prescribed under part C
of subchapter II of this chapter’’ or to
provide ‘‘a substitute for all or a portion
of the clean-fuel vehicle program
prescribed under part C of subchapter II
of this chapter.’’ In light of this
requirement, Connecticut adopted the
Low Emission Vehicle and Zero
Emission Vehicle programs as set out in
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
RCSA section 22a–174–36c (see 89 FR
57361, July 15, 2024). Connecticut
submitted these programs and EPA has
approved them into the Connecticut
SIP,3 thereby fulfilling requirements for
Serious ozone nonattainment areas
based on the State’s past classification
as Severe for the one-hour ozone
standard. Pursuant to guidance issued
by EPA in June of 2022 entitled,
‘‘Guidance for Fulfilling the Clean Fuel
Fleets Requirement of the Clean Air
Act’’ (see EPA–420–B–22–027, June
2022), EPA’s current Clean Fuels Fleets
3 Connecticut’s Low Emission Vehicles and Zero
Emission Vehicles Programs was most recently
approved into the Connecticut SIP on July 15, 2024
(see 89 FR 57361).
E:\FR\FM\21NOP1.SGM
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92084
Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Proposed Rules
regulations in 40 CFR part 88 provide a
compliance option where vehicles and
engines certified to current standards
under 40 CFR parts 86 and 1036 are
deemed to also meet the Clean Fuels
Fleets standards as ultra low-emission
vehicles. Connecticut’s adoption of the
Low Emission Vehicle and Zero
Emission Vehicle programs as set out in
RCSA section 22a–174–36c, constitutes
as vehicles meeting more stringent
emission standards than those found
under vehicles certified to meeting 40
CFR parts 86 and 1036 emission
standards. Therefore, the purchase of
any new light-duty or heavy-duty
vehicle in Connecticut would provide
emission reductions equivalent to or
greater than a new vehicle that would
have been certified to the CAA’s ultralow clean-fuel vehicle emission
standards.
IV. Proposed Action
EPA is proposing to approve
Connecticut’s RFP plan for the 2018 to
2020 timeframe, motor vehicle
emissions budgets for 2020, certification
of its Enhanced I/M program, and clean
fuels program certification. EPA is also
starting the adequacy process for the
2020 budgets. EPA is soliciting public
comments on the issues discussed in
this notice and 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.
lotter on DSK11XQN23PROD with PROPOSALS1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. See 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
VerDate Sep<11>2014
16:39 Nov 20, 2024
Jkt 265001
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rulemaking does not
have Tribal implications and will not
impose substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The Connecticut DEEP did not
evaluate environmental justice
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: November 14, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024–27050 Filed 11–20–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 386 and 387
[Docket No. FMCSA–2024–0280]
RIN 2126–AC76
Broker and Freight Forwarder
Financial Responsibility; Extension of
Compliance Date
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM); reopening of comment period.
AGENCY:
FMCSA is reopening the
comment period for its November 4,
2024, NPRM, proposing to amend its
November 16, 2023, final rule, ‘‘Broker
and Freight Forwarder Financial
Responsibility,’’ by extending the
compliance date for certain provisions
from January 16, 2025, to January 16,
2026. FMCSA’s forthcoming online
registration system will be used to
accept filings and track notifications,
and this functionality will not be
available in its legacy systems. As the
new system is not expected to be
available before January 16, 2025,
FMCSA proposes to extend the
compliance date to January 16, 2026, to
provide regulated entities time to begin
using and familiarizing themselves with
the new system before compliance is
SUMMARY:
E:\FR\FM\21NOP1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Proposed Rules]
[Pages 92079-92084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27050]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0051; FRL-12403-01-R1]
Air Plan Approval; Connecticut; Approval of State Implementation
Plan Requirements for the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of Connecticut. The SIP revisions are for the Connecticut portion
of the New York-Northern New Jersey-Long Island, NY-NJ-CT Serious ozone
nonattainment area for the 2008 ozone standard. The revisions pertain
to requirements relating to reasonable further progress (RFP) plans, an
Enhanced vehicle
[[Page 92080]]
emissions inspection and maintenance (I/M) program, transportation
conformity, and a clean fuels for motor vehicles program. EPA is also
starting the adequacy process for the motor vehicle emissions budgets
included in the RFP SIP revision. This action is being taken under the
Clean Air Act.
DATES: Written comments must be received on or before December 23,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0051 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Branch, (Mail Code 5-MD), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109-3912; (617) 918-1046; [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Description of State's Submittals
III. Evaluation of State's Submittals
A. Reasonable Further Progress Plans
B. RFP Motor Vehicle Emissions Budgets/Transportation Conformity
C. Inspection and Maintenance (I/M) Program
D. Clean Fuels Program
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA revised both the primary and secondary
National Ambient Air Quality Standards (NAAQS) for ozone to a level of
0.075 parts per million (ppm) (annual fourth-highest daily maximum 8-
hour average concentration, averaged over three years) to provide
increased protection of public health and the environment (73 FR 16436,
March 27, 2008). The 2008 ozone NAAQS retains the same general form and
averaging time as the 0.08 ppm NAAQS set in 1997, but is set at a more
protective level. Under the EPA's regulations at 40 CFR part 50, the
2008 8-hour ozone NAAQS is attained when the 3-year average of the
annual fourth highest daily maximum 8-hour average ambient air quality
ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR
50.15.
Effective July 20, 2012, the EPA designated as nonattainment any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data (77 FR 30088, May
21, 2012). With that rulemaking, three counties within Connecticut,
Fairfield, Middlesex, and New Haven Counties, were included within a
nonattainment area described as the New York-N. New Jersey-Long Island
NY-NJ-CT area and were designated as a Marginal ozone nonattainment
area. For brevity, in the remainder of this notice we refer to this
area as the NY-NJ-CT area. Areas that were designated as Marginal
nonattainment were required to attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012-2014 monitoring data. On May
14, 2016 (81 FR 26697), the EPA published its determination that the
NY-NJ-CT area, as well as other nonattainment areas in the country, had
failed to attain the 2008 8-hour ozone NAAQS by the Marginal area
attainment deadline, and so these areas were reclassified to Moderate
ozone nonattainment areas. See 40 CFR 81.306. Moderate areas were
required to attain the 2008 8-hour ozone NAAQS by no later than six
years after the effective date of designations, or July 20, 2018. See
40 CFR 51.903. Subsequently, on August 23, 2019 (84 FR 44238), the EPA
published its determination that the NY-NJ-CT area, as well as other
nonattainment areas in the country, had failed to attain the 2008 8-
hour ozone NAAQS by the Moderate area attainment deadline, and so these
areas were reclassified as Serious ozone nonattainment areas. Serious
areas were required to attain the 2008 8-hour ozone NAAQS by no later
than nine years after the effective date of designations, or July 20,
2021. Furthermore, on October 7, 2022 (87 FR 60926), the EPA published
its determination that the NY-NJ-CT area, as well as other
nonattainment areas in the country, had failed to attain the 2008 8-
hour ozone NAAQS by the Serious area attainment deadline, and so these
areas were reclassified as Severe ozone nonattainment areas. Severe
areas are required to attain the 2008 8-hour ozone NAAQS by no later
than 15 years after the effective date of designations, or July 20,
2027. See 40 CFR 51.903. However, Connecticut's SIP submittal, and
EPA's proposed approval, relates to obligations under the CAA as a
result of the area's prior reclassification to Serious. Additional SIP
obligations are anticipated from the State as a result of the area's
most recent reclassification to Severe.
II. Description of State's Submittals
Clean Air Act (CAA) section 182, subpart 2, outlines SIP
requirements applicable to ozone nonattainment areas in each
classification category. Requirements for each type of classification
area were established under the provisions of the EPA's ozone
implementation rule for the 2008 8-hour ozone NAAQS (40 CFR part 51,
subpart AA). Examples of these requirements include submission of a
reasonable further progress plan, and controls on stationary sources
that represent reasonably available control technology (RACT).
On June 23, 2022, Connecticut submitted SIP revisions required due
to the State's classification as a Serious nonattainment area for the
2008 ozone standard that included an RFP plan with motor vehicle
emissions budgets (``budgets''), the I/M program certification, and a
certification that the State's previously adopted clean fuels program
continues to meet CAA requirements. EPA is proposing approval of these
items for the reasons
[[Page 92081]]
articulated below. Connecticut's June 23, 2022, submittal also
contained other SIP revisions, but today we are proposing action on
only the items mentioned above.
On November 17, 2022, Connecticut submitted a supplement to the
June 23, 2022 SIP submittal; the November 17, 2022 supplement consists
of a modeling analysis comparing the Connecticut I/M program to the
Federal Enhanced I/M performance standard.
On December 12, 2023, Connecticut submitted a clarification letter
as a supplement to the June 23, 2022 RFP SIP submittal. The December
12, 2023 supplement clarified that motor vehicle emissions budgets were
being submitted only for the Connecticut portion of the NY-NJ-CT
nonattainment area. The December 12, 2023 supplement also included a
revised version of the RFP plan to replace section 9 of the June 23,
2022 SIP submittal.
The RFP plan contained within Connecticut's submittal documents
showed that a nine percent (9%) reduction in ozone precursor emissions
occurred over the three-year time period from 2018 to 2020 relative to
emissions in 2011. Table 9-2 of the State's submittal illustrates the
oxides of nitrogen (NOX) and volatile organic compounds
(VOCs) emission target levels that needed to be met by 2020 for the
State to meet its RFP emission reduction obligation, and table 9-4
provides a comparison of 2020 emission levels to these targets and
confirms that the State did meet these targets, and furthermore, was
considerably below them. Regarding transportation conformity,
Connecticut's RFP SIP submittal establishes motor vehicle emissions
budgets for 2020 for the Connecticut portion of the NY-NJ-CT
nonattainment area that are more restrictive than the previous budgets
that EPA approved for 2017 on October 1, 2018 (see 83 FR 49297), and
also notes that the State provides a two percent (2%) contingency
buffer to account for uncertainties inherent to the creation of these
budgets. The Connecticut Department of Energy and Environmental
Protection notes that it works with the State's Department of
Transportation to ensure that emissions from transportation projects do
not exceed the motor vehicle emissions budgets it establishes.
Regarding vehicle emissions I/M program, Connecticut's submittal
notes that it implements a statewide program that meets EPA's Enhanced
I/M performance specifications pursuant to State authority codified
within the Regulations of Connecticut State Agencies (RCSA) at section
22a-174-27 and the Connecticut General Statutes at 14-164c. The
aforementioned November 17, 2022 supplement includes additional
technical support regarding Connecticut conducting performance standard
modeling to support its June 23, 2022 I/M certification submittal.
Regarding a clean fuels program, Connecticut's submittal documents that
its previously adopted and SIP approved program continues to meet CAA
requirements. These SIP revisions and associated supporting documents
are available in the docket for this action, at https://www.regulations.gov, docket number EPA-R01-OAR-2024-0051. Section III
discusses our evaluation of these SIP submittals from Connecticut.
III. Evaluation of State's Submittals
A. Reasonable Further Progress Plans
Section 182(b)(1) of the CAA and the EPA's 2008 Ozone
Implementation Rule require that States submit an RFP demonstration for
each 8-hour ozone nonattainment area designated moderate and above, for
review and approval into its SIP, that describes how the area will
achieve actual emissions reductions of VOC and NOX from a
baseline emissions inventory. The 2008 Ozone Implementation Rule sets
2011 as the base year against which RFP emission reductions are
measured, and EPA approved Connecticut's 2011 base year emissions
inventory into the Connecticut SIP on October 1, 2018 (see 83 FR
49297). Additionally, EPA approved Connecticut's initial RFP plan for
the 2008 NAAQS, which demonstrated a 15% reduction in ozone precursor
emissions that occurred between 2012-2017, within the same October 1,
2018 action mentioned above.
In addition to demonstrating the 15% emission reduction described
above, ozone nonattainment areas classified as Serious or higher must
also demonstrate that additional reductions in ozone precursor
emissions occur that average three percent (3%) per year beginning in
the seventh year after designation and lasting until the area's
attainment date, which for Serious areas occurs nine years after
designation. After taking into consideration the 15% emission reduction
that was previously documented to occur between 2011 and 2018,
Connecticut's submittal demonstrates that RFP was achieved for the
second RFP increment by showing that ozone precursor emissions declined
by a total of 24 percent (15% between 2011 and 2017, plus 9% between
2018 and 2020) between 2011 and 2020. Connecticut set its ozone
precursor target levels to reflect a 16% reduction in NOX
emissions, and an 8% reduction in VOC emissions would occur by 2020. As
noted below, Connecticut's RFP plan illustrates that Connecticut
achieved a greater reduction in ozone precursor emissions than this
amount over the nine-year period from 2011 to 2020.
One aspect of the RFP plan includes estimating emissions for the
year 2020. Connecticut relied primarily on the emissions projection
work it had developed and submitted to the Mid-Atlantic Regional Air
Management Association (MARAMA), which is a regional organization that
assists the mid-Atlantic and Northeast States with the development of
emissions modeling files for use in ozone modeling. The projection of
emissions from electrical generating units (EGUs) was accomplished
using a forecasting tool developed by the Eastern Regional Technical
Advisory Group (ERTAC) which is made up of technical staff from the
Northeast and mid-Atlantic States, including Connecticut, with
expertise in the emissions, controls, and projection of emissions from
electrical generating units. Connecticut accounted for emissions held
within its emissions offsets bank that are available for use as
emissions offsets within the RFP analysis.
Table 1 below contains a summary of the 2011 RFP baseline
inventory, 2020 target levels incorporating the eight percent (8%) VOC
and 16% NOX emission reductions, and 2020 projected,
controlled emissions for the Connecticut portion of the NY-NJ-CT
nonattainment area. Connecticut's RFP analysis shows that projected,
controlled VOC and NOX emissions in 2020 will be well below
the emission target levels, thereby demonstrating that RFP has been
met. Note that we are only proposing action on the Connecticut portion
of the RFP plan for the NY-NJ-CT area.
[[Page 92082]]
Table 1--Summary of RFP Calculations for CT's Portion of the NY-NJ-CT
Nonattainment Area
------------------------------------------------------------------------
VOC emissions (tons/ NOX emissions (tons/
Description summer day) summer day)
------------------------------------------------------------------------
RFP 2011 Baseline inventory. 115.6 115.1
2020 target level of 106.4 96.7
emissions..................
2020 projected, controlled 83.9 60.4
emissions..................
------------------------------------------------------------------------
RFP plans must include budgets, which identify the allowable on-
road mobile emissions an area can produce and continue to demonstrate
RFP. The State's RFP plan includes budgets for the Connecticut portion
of the NY-NJ-CT nonattainment area for 2020. The budgets are discussed
in detail in section III.B of this notice.
B. RFP Motor Vehicle Emissions Budgets/Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means conformity to an implementation plan's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of the
NAAQS, and that transportation activities will not produce new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any required interim emission reductions or
other milestones in any area. (CAA 176(c)(1)(A) and (B)). The EPA's
conformity rule at 40 CFR part 93, subpart A requires that
transportation plans, transportation improvement programs, and projects
conform to SIPs and establishes the criteria and procedures for
determining whether or not they conform. To effectuate its purpose, the
conformity rule requires a demonstration that emissions from the
metropolitan planning organization's (MPO) Regional Transportation Plan
(RTP) and the Transportation Improvement Program (TIP) are consistent
with the budgets contained in the control strategy SIP revision or
maintenance plan (40 CFR 93.101, 93.118, and 93.124). The term ``Motor
vehicle emissions budget'' is defined in 40 CFR 93.101 as ``that
portion of the total allowable emissions defined in the submitted or
approved control strategy . . . [SIP] or maintenance plan for a certain
date for the purpose of meeting reasonable further progress milestones
or demonstrating attainment or maintenance of the NAAQS, for any
pollutant or its precursors, allocated to highway and transit vehicle
use and emissions.''
The RFP plan submitted by Connecticut is a control strategy SIP,
and it contains 2020 budgets for VOCs and NOX for the
Connecticut portion of the NY-NJ-CT nonattainment area. Table 2
contains these VOC and NOX budgets, based on MOVES2014b, in
units of tons per summer day:
Table 2--Motor Vehicle Emissions Budgets in the Connecticut RFP Plan
------------------------------------------------------------------------
2020 Transportation conformity
budgets (tons/day)
Area name -------------------------------------
VOC NOX
------------------------------------------------------------------------
NY-NJ-CT area (CT portion) Without 17.3 22.8
Contingency Buffer...............
NY-NJ-CT area (CT portion) With 17.6 23.3
Contingency Buffer...............
------------------------------------------------------------------------
In this action, we are proposing approval of the 2020 budgets for
VOC and NOX for the Connecticut portion of the NY-NJ-CT
nonattainment area shown in table 2 above. As part of this action, EPA
is also initiating the adequacy process for these 2020 budgets
providing opportunity for the public to review and comment. The
criteria we use to determine whether a SIP's budgets are adequate for
conformity purposes are outlined in 40 CFR 93.118(e)(4). We further
described our process for determining the adequacy of submitted SIP
budgets in 40 CFR 93.118(f). The public can comment on the adequacy of
budgets, along with EPA's proposed approval of the budgets, during the
comment period defined in the DATES section above.
C. Inspection and Maintenance (I/M) Program
The goal of I/M programs is to identify and repair high-emitting
vehicles to improve air quality in areas that are not attaining the
NAAQS.\1\
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\1\ For more information, see Overview of Vehicle Inspection and
Maintenance (I/M) Programs (EPA-420-F-21-067, October 2021) at
https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013CC0.pdf.
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Section 182(c)(3) of the CAA requires States with ozone
nonattainment areas classified as Serious or above to implement an
Enhanced I/M program to reduce VOC and NOX emissions from
in-use motor vehicles registered in urbanized portions of the
nonattainment area. The Federal rules addressing I/M program
requirements are provided at 40 CFR part 51, subpart S. Under these
requirements, Serious ozone nonattainment areas in urbanized areas with
1980 Census-defined urbanized populations of 200,000 or more are
required to adopt Enhanced I/M programs (40 CFR 51.350(a)(2)).
Similarly, pursuant to CAA section 182(b)(4), States with ozone
nonattainment areas classified as Moderate are required to implement a
Basic I/M program in certain applicable areas. To address this Basic I/
M requirement for the Connecticut portion of the NY-NJ-CT 2008 ozone
NAAQS Moderate nonattainment area, Connecticut submitted a SIP revision
on August 8, 2017. Due to more stringent nonattainment classifications
under previous NAAQS and Connecticut's inclusion as part of the Ozone
Transport Region (OTR), Connecticut already had been implementing an
Enhanced I/M program.\2\ On March 29, 2019, at 84 FR 11884, EPA
approved Connecticut's
[[Page 92083]]
certification that the State's vehicle emissions I/M program
implemented via the regulation and statute mentioned above satisfied
the CAA's requirement for Moderate ozone nonattainment areas and for
States located within the Ozone Transport Region (OTR).
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\2\ Connecticut was required to implement an Enhanced I/M
program as a result of having state-wide designations of serious and
severe for the 1979 1-hour ozone NAAQS. Furthermore, because
Connecticut is in the OTR, CAA section 184(b)(1) requires
implementation of an Enhanced I/M program in some portions of the
State. Connecticut's state-wide Enhanced I/M program was initially
approved into the Connecticut SIP on December 5, 2008 (73 FR 74019).
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Connecticut's I/M certification submittal of June 23, 2022, being
proposed for approval here, notes that although the OTR requirements of
the CAA include a requirement that Enhanced I/M programs be implemented
within metropolitan statistical areas with populations exceeding
100,000, the State implements Enhanced I/M statewide and thus the I/M
program is SIP-strengthening and more stringent than required.
Connecticut's Enhanced I/M program tests gasoline-fueled and diesel-
fueled motor vehicles up to 10,000 pounds gross vehicle weight rating
(GVWR), requires on-board diagnostic testing on Model Year (MY) 1996
and newer vehicles, and requires more comprehensive tailpipe testing on
MY 1995 and older vehicles. The Enhanced I/M program also implements an
emissions control device inspection through visual inspection for the
presence of catalytic converter(s) and other major emissions control
equipment. More details of the State's Enhanced I/M program may be
found in section 6 of Connecticut's June 23, 2022, submittal. The
State's submittal also attests that Connecticut's I/M program complies
with all applicable CAA and I/M rule requirements for Enhanced I/M
programs.
On November 17, 2022, Connecticut submitted supplemental
documentation containing an I/M performance standard modeling analysis
using EPA's latest mobile source emissions model at the time of the
analysis (MOVES3). To demonstrate that the Connecticut Enhanced I/M
program meets the Enhanced program performance standard described in 40
CFR 51.351, the Connecticut program must be modeled to show that, it
achieves the same or lower emission rates of VOC and NOX as
the Federal model Enhanced program to within 0.02 grams per mile for
the area's total vehicle miles travelled on a July weekday in the
appropriate analysis year. Connecticut's supplemental demonstration
shows that the State's I/M program meets the applicable Enhanced I/M
performance standard requirements for the 2008 ozone NAAQS for the
analysis years of 2020, 2023, and 2025.
Table 3 contains the results of the performance standard modeling,
which illustrates that the Connecticut I/M program achieves the same or
lower emission rates as the Federal model Enhanced program to within
0.02 grams per mile.
Table 3--I/M Performance Standard Evaluation Emission Rates
----------------------------------------------------------------------------------------------------------------
CT's portion of the NY-NJ-CT nonattainment area
-------------------------------------------------
Current Connecticut I/M Enhanced performance
program standard
----------------------------------------------------------------------------------------------------------------
I/M Performance Standard Evaluation Emission Rates (grams/mile)
----------------------------------------------------------------------------------------------------------------
2020 Summer
----------------------------------------------------------------------------------------------------------------
VOC........................................................... 0.364 0.369
CO............................................................ 3.772 4.333
NOX........................................................... 0.267 0.265
----------------------------------------------------------------------------------------------------------------
2023 Summer
----------------------------------------------------------------------------------------------------------------
VOC........................................................... 0.230 0.227
CO............................................................ 3.143 3.615
NOX........................................................... 0.279 0.278
----------------------------------------------------------------------------------------------------------------
2025 Summer
----------------------------------------------------------------------------------------------------------------
VOC........................................................... 0.211 0.207
CO............................................................ 2.783 3.203
NOX........................................................... 0.238 0.236
----------------------------------------------------------------------------------------------------------------
Based on our review, we find that State's modeling analysis showed
that the State I/M program was modeled appropriately; modeling inputs
accurately reflected the vehicles subject to I/M testing and emission
reductions from the State program were greater than or equal to the I/M
benchmark program for the Enhanced performance standard. This modeling
was consistent with the most current guidance at the time of, and we
concur with the State's determination that the Connecticut I/M program
meets the performance standard and requirements for Enhanced I/M. We
therefore propose approval of the I/M SIP certification.
D. Clean Fuels Program
CAA section 182(c)(4) requires States with ozone nonattainment
areas classified as Serious or above with 1980 populations greater than
250,000 to submit a SIP revision to either ``include such measures as
may be necessary to ensure the effectiveness of the applicable
provisions of the clean-fuel vehicle program prescribed under part C of
subchapter II of this chapter'' or to provide ``a substitute for all or
a portion of the clean-fuel vehicle program prescribed under part C of
subchapter II of this chapter.'' In light of this requirement,
Connecticut adopted the Low Emission Vehicle and Zero Emission Vehicle
programs as set out in RCSA section 22a-174-36c (see 89 FR 57361, July
15, 2024). Connecticut submitted these programs and EPA has approved
them into the Connecticut SIP,\3\ thereby fulfilling requirements for
Serious ozone nonattainment areas based on the State's past
classification as Severe for the one-hour ozone standard. Pursuant to
guidance issued by EPA in June of 2022 entitled, ``Guidance for
Fulfilling the Clean Fuel Fleets Requirement of the Clean Air Act''
(see EPA-420-B-22-027, June 2022), EPA's current Clean Fuels Fleets
[[Page 92084]]
regulations in 40 CFR part 88 provide a compliance option where
vehicles and engines certified to current standards under 40 CFR parts
86 and 1036 are deemed to also meet the Clean Fuels Fleets standards as
ultra low-emission vehicles. Connecticut's adoption of the Low Emission
Vehicle and Zero Emission Vehicle programs as set out in RCSA section
22a-174-36c, constitutes as vehicles meeting more stringent emission
standards than those found under vehicles certified to meeting 40 CFR
parts 86 and 1036 emission standards. Therefore, the purchase of any
new light-duty or heavy-duty vehicle in Connecticut would provide
emission reductions equivalent to or greater than a new vehicle that
would have been certified to the CAA's ultra-low clean-fuel vehicle
emission standards.
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\3\ Connecticut's Low Emission Vehicles and Zero Emission
Vehicles Programs was most recently approved into the Connecticut
SIP on July 15, 2024 (see 89 FR 57361).
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IV. Proposed Action
EPA is proposing to approve Connecticut's RFP plan for the 2018 to
2020 timeframe, motor vehicle emissions budgets for 2020, certification
of its Enhanced I/M program, and clean fuels program certification. EPA
is also starting the adequacy process for the 2020 budgets. EPA is
soliciting public comments on the issues discussed in this notice and
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. 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. See 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
The Connecticut DEEP did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: November 14, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024-27050 Filed 11-20-24; 8:45 am]
BILLING CODE 6560-50-P
