80 FR 13768 - Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 51 (March 17, 2015)
Federal Register Volume 80, Issue 51 (March 17, 2015)
| Page Range | 13768-13771 | |
| FR Document | 2015-05964 |
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)] [Rules and Regulations] [Pages 13768-13771] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05964] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2010-0121; A-1-FRL-9915-05-Region 1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The regulations adopted by Connecticut include the California Low Emission Vehicle (LEV) II light-duty motor vehicle emission standards effective in model year 2008, the California LEV II medium-duty vehicle standards effective in model year 2009, and greenhouse gas emission standards for light-duty motor vehicles and medium-duty vehicles effective with model year 2009. The Connecticut LEV regulation submitted also includes a zero emission vehicle (ZEV) provision, as well as emission control label and environmental performance label requirements. Connecticut has adopted these revisions to reduce emissions of volatile organic compounds (VOC) and nitrogen oxides (NOX ) in accordance with the requirements of the Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition, Connecticut has worked to ensure that their program is identical to California's, as required by the CAA. The intended effect of this action is to approve the Connecticut LEV II program. In addition, EPA is approving the removal of the definition and regulation of ``composite motor vehicles'' from the Connecticut's SIP-approved vehicle inspection and maintenance program. These actions are being taken in accordance with the CAA. DATES: This rule is effective on April 16, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2010-0121. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square-Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Copies of the documents relevant to this action are also available for public inspection during normal business hours, by appointment at the Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT 06106- 1630. FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, telephone number (617) 918-1668, fax number (617) 918-0668, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. Response to Public Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose On January 27, 2014 (79 FR 4308), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Connecticut, ``Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Low Emission Vehicle Program.'' The NPR proposed approval of Connecticut's Low Emissions Vehicle II (LEV II) program, as adopted by Connecticut on December 4, 2004, and subsequently amended on December 22, 2005 and August 4, 2009. The Connecticut LEV II program is cited as a weight-of- evidence measure in Connecticut's Attainment Demonstration SIP for the 1997 8-hour ozone standard, submitted to EPA on February 1, 2008. The formal LEV II SIP revision was submitted by Connecticut on January 22, 2010. On December 4, 2004, Connecticut repealed the provisions of section 22a-174-36 of the Regulations of Connecticut State Agencies, rescinding both the California Low Emission Vehicle I program and the National Low Emission Vehicle (NLEV) program. In accordance with section 177 of the Clean Air Act (CAA) and as required by Connecticut Public Act 04-84, Connecticut adopted section 22a-174- [[Page 13769]] 36b, the California Low Emission Vehicle II (LEV II) program, including all ``zero emission vehicle'' program elements, commencing with 2008 model year vehicles. On December 22, 2005, Connecticut amended section 22a-174-36b of the Regulations of Connecticut State Agencies, making minor technical corrections and clarifications; adopting California LEV II emission standards and related provisions for medium-duty vehicles commencing with the 2009 model year; adopting recently announced revisions concerning LEV II greenhouse gas emission standards and related provisions for passenger cars, light duty trucks and medium-duty passenger vehicles commencing with the 2009 model year in accordance with section 177 of the CAA and Connecticut Public Act 04-84; and providing additional clarification and flexibility with respect to the implementation of the zero emissions vehicle (ZEV) program in Connecticut. On August 4, 2009, Connecticut adopted a third amendment consisting of revisions to two sections of the air quality regulations concerning motor vehicles. The recall, warranty, ZEV, and ZEV travel provision amendments update the Connecticut LEV program consistent with changes California made to its LEV program. In addition to the amendments to the Connecticut LEV program, Connecticut's January 22, 2010 SIP revision includes a change in its motor vehicle inspection and maintenance (I/M) program to exempt composite vehicles from I/M program testing. Other specific requirements of Connecticut's LEV II and motor vehicle I/M programs and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. II. Response to Public Comments EPA received comments on the NPR from one anonymous commenter. This commenter supported the effort of Connecticut and other states to follow California's lead in implementing a low emission vehicle program. The commenter went on to identify three specific issues: (1) Market failure with public transportation; (2) cars manufactured before 2008; and (3) monitoring emissions. The action before EPA is to approve or disapprove Connecticut's request to revise its SIP to include California LEV II light-duty motor vehicle emission standards (effective in model year 2008), the California LEV II medium-duty vehicle standards (effective in model year 2009), and greenhouse gas emission standards for light-duty motor vehicles and medium-duty vehicles (effective with model year 2009). The Connecticut LEV program submitted is identical to California's program, as required by the Clean Air Act, and includes a ZEV provision, as well as emission control label and environmental performance label requirements. Connecticut's SIP revision also includes a minor amendment to the state's motor vehicle inspection and maintenance (I/M) program which exempts composite vehicles from I/M program testing. The workings of the public transportation system and the development of new light rail transportation systems referenced by the commenter is not germane to the approval of the submitted Connecticut SIP revision. In addition, motor vehicles manufactured prior to 2008 are not covered by Connecticut's LEV II program. These vehicles were required to be manufactured in accordance with the Federal Tier 1 and Tier 2 Vehicle and Gasoline Sulfur Program, as well as the Northeast National Low Emission Vehicle Program, the programs in place at that time. Pre- 2008 motor vehicles registered in Connecticut are also subject to Connecticut's I/M program which is further discussed below. In the third and final issue, the commenter asks how emissions would be monitored and ``how often the rule/law require[s] drivers to go have a reading made.'' This issue is not relevant to the approval of Connecticut's LEV II program. The Connecticut LEV II program includes requirements that apply to the manufacturer of motor vehicles, not the drivers of motor vehicles. Connecticut's motor vehicle I/M program does, however, contain requirements for drivers. EPA previously approved Connecticut's I/M program into the SIP on December 5, 2008 (73 FR 74019). This program requires biennial inspections for all subject motor vehicles that are at least four years old. Connecticut's I/M program covers all gasoline and diesel vehicles, light duty trucks, and heavy duty vehicles that are 25 years old and newer and registered in the State. In today's action, EPA is approving a minor amendment to that program. Specifically, composite vehicles are being exempted from I/M program testing. As explained in EPA's NPR, this exemption would exempt only 100 vehicles from Connecticut's I/M program which applies to approximately 1,959,000 vehicles, and will not have significant air quality impacts. Other aspects of Connecticut's I/M program including the periodic inspection requirement remain as approved by EPA on December 5, 2008 (73 FR 74019). III. Final Action EPA is approving Connecticut's Low Emission Vehicle Program as a revision to the Connecticut SIP. Specifically, EPA is incorporating into the SIP Regulations of Connecticut State Agencies (RCSA) section 22a-174-36b entitled ``Low Emission Vehicles II Program,'' effective in the State of Connecticut on August 10, 2009. EPA is also approving Connecticut's revised Motor Vehicle Inspection and Maintenance Program as a revision to the Connecticut SIP. Specifically, EPA is incorporating into the SIP Regulations of Connecticut State Agencies (RCSA) section 22a-174-27 entitled ``Emission standards and on-board diagnostic II test requirements for periodic motor vehicle inspection and maintenance,'' effective in the State of Connecticut on August 10, 2009. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or [[Page 13770]] safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 18, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 29, 2014. H. Curtis Spalding, Regional Administrator, EPA New England. Editorial note: This document was received for publication by the Office of Federal Register on March 11, 2015. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart H--Connecticut 0 2. Section 52.370 is amended by redesignating paragraph (c)(98)(i)(A) as (c)(98)(i)(A)(1) and adding paragraphs (c)(98)(i)(A)(2) and (c)(105) to read as follows: Sec. 52.370 Identification of plan. * * * * * (c) * * * (98) * * * (i) * * * (A) * * * (2) In revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 22, 2010 section 22a-174-27 (e) was repealed by the State of Connecticut effective August 10, 2009. Section 22a-174-27 (e), which was approved in paragraph (c)(98)(i)(A)(1), is removed from the SIP without replacement; see paragraph (c)(105)(i)(B) of this section. * * * * * (105) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 22, 2010. (i) Incorporation by reference. (A) Regulations of Connecticut State Agencies (RCSA) section 22a- 174-36b entitled ``Low Emission Vehicles II Program,'' (1) Regulations of Connecticut State Agencies (RCSA) section 22a- 174-36b entitled ``Low Emission Vehicles II Program,'' effective December 22, 2005, revisions to the following provisions (including the text that appears in underline): Sections 22a-174-36b (a), (b), (d), (f) through (j), (l), (m), (n), and (o). (2) Regulations of Connecticut State Agencies (RCSA) section 22a- 174-36b entitled ``Low Emission Vehicles II Program,'' effective August 10, 2009, revisions to the following provisions: Sections 22a-174-36b (c), (e), and (k), as published in the Connecticut Law Journal on September 8, 2009. (B) Regulations of Connecticut State Agencies (RCSA) section 22a- 174-27 entitled ``Emission standards and on-board diagnostic II test requirements for periodic motor vehicle inspection and maintenance,'' effective August 10, 2009, revisions to Section 22a-174-27 (b), as published in the Connecticut Law Journal on September 8, 2009. 0 3. In Sec. 52.385, Table 52.385 is amended by revising the second entry for state citation 22a-174-27; adding a new entry for state citation 22a-174-27 after the existing two entries; and adding two new entries for state citation 22a-174-36b in numerical order to read as follows: Sec. 52.385 EPA-approved Connecticut regulations. * * * * * [[Page 13771]] Table 52.385--EPA-Approved Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Dates -------------------------------- Federal Register Connecticut State citation Title/Subject Date adopted Date approved citation Section 52.370 Comments/Description by State by EPA -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 22a-174-27........................ Emission standards 8/25/04 12/05/08 74 FR 74019 (c)(98) DEP regulations and on-board including emissions diagnostic II test standards and OBD2 requirements for requirements. periodic motor Paragraph vehicle inspection 52.370(c)(98) was and maintenance. revised March 17, 2015 by redesignating paragraph (c)(98)(i)(A) as (c)(98)(i)(A)(1) and adding paragraph (c)(98)(i)(A)(2) to read as follows: (2) In revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 22, 2010 section 22a-174-27 (e) was repealed by the State of Connecticut effective August 10, 2009. Section 22a- 174-27 (e), which was approved in paragraph (c)(98)(i)(A)(1), is removed from the SIP without replacement; see paragraph (c)(105)(i)(B) of this section. 22a-174-27........................ Emission standards 8/10/09 3/17/15 [Insert Federal (c)(105) This SIP revision and on-board Register citation] includes a change to diagnostic II test exempt composite requirements for vehicles from periodic motor tailpipe vehicle inspection inspections. and maintenance. Revision to Section 22a-174-27 (b) and removal of Section 22a-174-27 (e). * * * * * * * 22a-174-36b....................... Low Emission Vehicles 12/22/05 3/17/15 [Insert Federal (c)(105) Adoption of II Program.. Register citation] Connecticut's Low Emissions Vehicle II (LEV II) Program. Sections 22a-174-36b (a), (b), (d), (f) through (j), (l), (m), and new sections (n) and (o). 22a-174-36b....................... Low Emission Vehicles 8/10/09 3/17/15 [Insert Federal (c)(105) Sections 22a-174-36b II Program.. Register citation] (c), (e), and (k). * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-05964 Filed 3-16-15; 8:45 am] BILLING CODE 6560-50-P
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Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– ACTION: Final rule. INFORMATION CONTACT section to
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, schedule your inspection. The Regional
401, 403, 404, 414, 416, 3001–3011, 3201– SUMMARY: The Environmental Protection Office’s official hours of business are
3219, 3403–3406, 3621, 3622, 3626, 3632, Agency (EPA) is approving a State Monday through Friday, 8:30 a.m. to
3633, and 5001. Implementation Plan (SIP) revision 4:30 p.m., excluding legal holidays.
■ 2. Revise the following sections of submitted by the State of Connecticut. Copies of the documents relevant to
Mailing Standards of the United States The regulations adopted by Connecticut this action are also available for public
Postal Service, Domestic Mail Manual include the California Low Emission inspection during normal business
(DMM), as follows: Vehicle (LEV) II light-duty motor hours, by appointment at the Bureau of
vehicle emission standards effective in Air Management, Department of Energy
Mailing Standards of the United States model year 2008, the California LEV II and Environmental Protection, State
Postal Service, Domestic Mail Manual medium-duty vehicle standards Office Building, 79 Elm Street, Hartford,
(DMM) effective in model year 2009, and CT 06106–1630.
* * * * * greenhouse gas emission standards for FOR FURTHER INFORMATION CONTACT:
light-duty motor vehicles and medium- Donald O. Cooke, Air Quality Planning
200 Commercial Mail
duty vehicles effective with model year Unit, U.S. Environmental Protection
* * * * * 2009. The Connecticut LEV regulation Agency, EPA New England Regional
240 Standard Mail submitted also includes a zero emission Office, Office of Ecosystem Protection,
vehicle (ZEV) provision, as well as Air Quality Planning Unit, 5 Post Office
243 Prices and Eligibility emission control label and Square–Suite 100, (Mail code OEP05–2),
* * * * * environmental performance label Boston, MA 02109–3912, telephone
requirements. Connecticut has adopted number (617) 918–1668, fax number
3.0 Basic Eligibility Standards for these revisions to reduce emissions of
Standard Mail (617) 918–0668, email cooke.donald@
volatile organic compounds (VOC) and epa.gov.
* * * * * nitrogen oxides (NOX) in accordance
with the requirements of the Clean Air SUPPLEMENTARY INFORMATION:
3.2 Defining Characteristics Act (CAA), as well as to reduce Throughout this document whenever
* * * * * greenhouse gases (carbon dioxide, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
methane, nitrous oxide, and EPA.
3.2.2 Standard Mail Marketing Organization of this document. The
hydrofluorocarbons). In addition,
Parcels following outline is provided to aid in
Connecticut has worked to ensure that
[Revise 3.2.2 to read as follows:] their program is identical to California’s, locating information in this preamble.
All Standard Mail Marketing parcels as required by the CAA. The intended I. Background and Purpose
effect of this action is to approve the II. Response to Public Comments
(regular and nonprofit) must bear an III. Final Action
alternate addressing format and cannot Connecticut LEV II program. In
addition, EPA is approving the removal IV. Statutory and Executive Order Reviews
be used for ‘‘fulfillment purposes’’ (i.e.
the sending of items specifically of the definition and regulation of I. Background and Purpose
purchased or requested by the customer ‘‘composite motor vehicles’’ from the
On January 27, 2014 (79 FR 4308),
of a mailer). The alternate address Connecticut’s SIP-approved vehicle
EPA published a Notice of Proposed
format must be on the same line as the inspection and maintenance program.
Rulemaking (NPR) for the State of
addressee’s name or on the address line These actions are being taken in
Connecticut, ‘‘Approval and
directly above or below the addressee’s accordance with the CAA.
Promulgation of Air Quality
name. DATES: This rule is effective on April 16, Implementation Plans; Connecticut;
* * * * * 2015. Low Emission Vehicle Program.’’ The
We will publish an appropriate ADDRESSES: EPA has established a NPR proposed approval of Connecticut’s
amendment to 39 CFR part 111 to reflect docket for this action under Docket Low Emissions Vehicle II (LEV II)
these changes. Identification No. EPA–R01–OAR– program, as adopted by Connecticut on
2010–0121. All documents in the docket December 4, 2004, and subsequently
Stanley F. Mires, are listed on the www.regulations.gov amended on December 22, 2005 and
Attorney, Federal Requirements. Web site. Although listed in the index, August 4, 2009. The Connecticut LEV II
[FR Doc. 2015–05885 Filed 3–16–15; 8:45 am] some information is not publicly program is cited as a weight-of-evidence
BILLING CODE 7710–12–P available, i.e., CBI or other information measure in Connecticut’s Attainment
whose disclosure is restricted by statute. Demonstration SIP for the 1997 8-hour
Certain other material, such as ozone standard, submitted to EPA on
ENVIRONMENTAL PROTECTION copyrighted material, is not placed on February 1, 2008. The formal LEV II SIP
AGENCY the Internet and will be publicly revision was submitted by Connecticut
available only in hard copy form. on January 22, 2010.
40 CFR Part 52 Publicly available docket materials are On December 4, 2004, Connecticut
available either electronically through repealed the provisions of section 22a–
[EPA–R01–OAR–2010–0121; A–1–FRL– www.regulations.gov or in hard copy at 174–36 of the Regulations of
9915–05–Region 1] the Office of Ecosystem Protection, U.S. Connecticut State Agencies, rescinding
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Approval and Promulgation of Air Environmental Protection Agency, EPA both the California Low Emission
Quality Implementation Plans; New England Regional Office, Office of Vehicle I program and the National Low
Connecticut; Low Emission Vehicle Ecosystem Protection, Air Quality Emission Vehicle (NLEV) program. In
Program Planning Unit, 5 Post Office Square– accordance with section 177 of the
Suite 100, Boston, MA. EPA requests Clean Air Act (CAA) and as required by
AGENCY: Environmental Protection that if at all possible, you contact the Connecticut Public Act 04–84,
Agency (EPA). contact listed in the FOR FURTHER Connecticut adopted section 22a–174–
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36b, the California Low Emission and medium-duty vehicles (effective approved by EPA on December 5, 2008
Vehicle II (LEV II) program, including with model year 2009). The Connecticut (73 FR 74019).
all ‘‘zero emission vehicle’’ program LEV program submitted is identical to
III. Final Action
elements, commencing with 2008 model California’s program, as required by the
year vehicles. Clean Air Act, and includes a ZEV EPA is approving Connecticut’s Low
On December 22, 2005, Connecticut provision, as well as emission control Emission Vehicle Program as a revision
amended section 22a–174–36b of the label and environmental performance to the Connecticut SIP. Specifically,
Regulations of Connecticut State label requirements. Connecticut’s SIP EPA is incorporating into the SIP
Agencies, making minor technical revision also includes a minor Regulations of Connecticut State
corrections and clarifications; adopting amendment to the state’s motor vehicle Agencies (RCSA) section 22a–174–36b
California LEV II emission standards inspection and maintenance (I/M) entitled ‘‘Low Emission Vehicles II
and related provisions for medium-duty program which exempts composite Program,’’ effective in the State of
vehicles commencing with the 2009 vehicles from I/M program testing. Connecticut on August 10, 2009.
model year; adopting recently The workings of the public EPA is also approving Connecticut’s
announced revisions concerning LEV II transportation system and the revised Motor Vehicle Inspection and
greenhouse gas emission standards and development of new light rail Maintenance Program as a revision to
related provisions for passenger cars, transportation systems referenced by the the Connecticut SIP. Specifically, EPA
light duty trucks and medium-duty commenter is not germane to the is incorporating into the SIP Regulations
passenger vehicles commencing with approval of the submitted Connecticut of Connecticut State Agencies (RCSA)
the 2009 model year in accordance with SIP revision. section 22a–174–27 entitled ‘‘Emission
section 177 of the CAA and Connecticut In addition, motor vehicles standards and on-board diagnostic II test
Public Act 04–84; and providing manufactured prior to 2008 are not requirements for periodic motor vehicle
additional clarification and flexibility covered by Connecticut’s LEV II inspection and maintenance,’’ effective
with respect to the implementation of program. These vehicles were required in the State of Connecticut on August
the zero emissions vehicle (ZEV) to be manufactured in accordance with 10, 2009.
program in Connecticut. the Federal Tier 1 and Tier 2 Vehicle
On August 4, 2009, Connecticut and Gasoline Sulfur Program, as well as IV. Statutory and Executive Order
adopted a third amendment consisting the Northeast National Low Emission Reviews
of revisions to two sections of the air Vehicle Program, the programs in place Under the Clean Air Act, the
quality regulations concerning motor at that time. Pre-2008 motor vehicles Administrator is required to approve a
vehicles. The recall, warranty, ZEV, and registered in Connecticut are also SIP submission that complies with the
ZEV travel provision amendments subject to Connecticut’s I/M program provisions of the Act and applicable
update the Connecticut LEV program which is further discussed below. Federal regulations. 42 U.S.C. 7410(k);
consistent with changes California made In the third and final issue, the
40 CFR 52.02(a). Thus, in reviewing SIP
to its LEV program. commenter asks how emissions would
submissions, EPA’s role is to approve
In addition to the amendments to the be monitored and ‘‘how often the rule/
state choices, provided that they meet
Connecticut LEV program, law require[s] drivers to go have a
the criteria of the Clean Air Act.
Connecticut’s January 22, 2010 SIP reading made.’’ This issue is not
Accordingly, this action merely
revision includes a change in its motor relevant to the approval of Connecticut’s
approves state law as meeting Federal
vehicle inspection and maintenance (I/ LEV II program. The Connecticut LEV II
program includes requirements that requirements and does not impose
M) program to exempt composite additional requirements beyond those
vehicles from I/M program testing. apply to the manufacturer of motor
vehicles, not the drivers of motor imposed by state law. For that reason,
Other specific requirements of
vehicles. Connecticut’s motor vehicle this action:
Connecticut’s LEV II and motor vehicle
I/M program does, however, contain • Is not a ‘‘significant regulatory
I/M programs and the rationale for
requirements for drivers. EPA action’’ subject to review by the Office
EPA’s proposed action are explained in
previously approved Connecticut’s I/M of Management and Budget under
the NPR and will not be restated here.
program into the SIP on December 5, Executive Order 12866 (58 FR 51735,
II. Response to Public Comments 2008 (73 FR 74019). This program October 4, 1993);
EPA received comments on the NPR requires biennial inspections for all • does not impose an information
from one anonymous commenter. This subject motor vehicles that are at least collection burden under the provisions
commenter supported the effort of four years old. Connecticut’s I/M of the Paperwork Reduction Act (44
Connecticut and other states to follow program covers all gasoline and diesel U.S.C. 3501 et seq.);
California’s lead in implementing a low vehicles, light duty trucks, and heavy • is certified as not having a
emission vehicle program. The duty vehicles that are 25 years old and significant economic impact on a
commenter went on to identify three newer and registered in the State. In substantial number of small entities
specific issues: (1) Market failure with today’s action, EPA is approving a under the Regulatory Flexibility Act (5
public transportation; (2) cars minor amendment to that program. U.S.C. 601 et seq.);
manufactured before 2008; and (3) Specifically, composite vehicles are • does not contain any unfunded
monitoring emissions. being exempted from I/M program mandate or significantly or uniquely
The action before EPA is to approve testing. As explained in EPA’s NPR, this affect small governments, as described
or disapprove Connecticut’s request to exemption would exempt only 100 in the Unfunded Mandates Reform Act
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revise its SIP to include California LEV vehicles from Connecticut’s I/M of 1995 (Pub. L. 104–4);
II light-duty motor vehicle emission program which applies to • does not have Federalism
standards (effective in model year 2008), approximately 1,959,000 vehicles, and implications as specified in Executive
the California LEV II medium-duty will not have significant air quality Order 13132 (64 FR 43255, August 10,
vehicle standards (effective in model impacts. Other aspects of Connecticut’s 1999);
year 2009), and greenhouse gas emission I/M program including the periodic • is not an economically significant
standards for light-duty motor vehicles inspection requirement remain as regulatory action based on health or
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safety risks subject to Executive Order not affect the finality of this action for effective August 10, 2009. Section 22a–
13045 (62 FR 19885, April 23, 1997); the purposes of judicial review nor does 174–27 (e), which was approved in
• is not a significant regulatory action it extend the time within which a paragraph (c)(98)(i)(A)(1), is removed
subject to Executive Order 13211 (66 FR petition for judicial review may be filed, from the SIP without replacement; see
28355, May 22, 2001); and shall not postpone the effectiveness paragraph (c)(105)(i)(B) of this section.
• is not subject to requirements of of such rule or action. This action may * * * * *
Section 12(d) of the National not be challenged later in proceedings to (105) Revisions to the State
Technology Transfer and Advancement enforce its requirements. (See section Implementation Plan submitted by the
Act of 1995 (15 U.S.C. 272 note) because 307(b)(2).) Connecticut Department of
application of those requirements would Environmental Protection on January
be inconsistent with the Clean Air Act; List of Subjects in 40 CFR Part 52
22, 2010.
and Environmental protection, Air
(i) Incorporation by reference.
• does not provide EPA with the pollution control, Carbon monoxide,
Incorporation by reference, (A) Regulations of Connecticut State
discretionary authority to address, as
Intergovernmental relations, Lead, Agencies (RCSA) section 22a–174–36b
appropriate, disproportionate human
Nitrogen dioxide, Ozone, Particulate entitled ‘‘Low Emission Vehicles II
health or environmental effects, using
matter, Reporting and recordkeeping Program,’’
practicable and legally permissible
methods, under Executive Order 12898 requirements, Sulfur oxides, Volatile (1) Regulations of Connecticut State
(59 FR 7629, February 16, 1994). organic compounds. Agencies (RCSA) section 22a–174–36b
In addition, this rule does not have entitled ‘‘Low Emission Vehicles II
Dated: July 29, 2014. Program,’’ effective December 22, 2005,
tribal implications as specified by H. Curtis Spalding,
Executive Order 13175 (65 FR 67249, revisions to the following provisions
Regional Administrator, EPA New England. (including the text that appears in
November 9, 2000), because the SIP is
not approved to apply in Indian country Editorial note: This document was received underline): Sections 22a–174–36b (a),
for publication by the Office of Federal (b), (d), (f) through (j), (l), (m), (n), and
located in the state, and EPA notes that Register on March 11, 2015.
it will not impose substantial direct (o).
costs on tribal governments or preempt Part 52 of chapter I, title 40 of the (2) Regulations of Connecticut State
tribal law. Code of Federal Regulations is amended Agencies (RCSA) section 22a–174–36b
The Congressional Review Act, 5 as follows: entitled ‘‘Low Emission Vehicles II
U.S.C. 801 et seq., as added by the Small Program,’’ effective August 10, 2009,
Business Regulatory Enforcement PART 52—[AMENDED] revisions to the following provisions:
Fairness Act of 1996, generally provides Sections 22a–174–36b (c), (e), and (k), as
■ 1. The authority citation for part 52 published in the Connecticut Law
that before a rule may take effect, the continues to read as follows:
agency promulgating the rule must Journal on September 8, 2009.
submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq. (B) Regulations of Connecticut State
copy of the rule, to each House of the Agencies (RCSA) section 22a–174–27
Congress and to the Comptroller General Subpart H—Connecticut entitled ‘‘Emission standards and on-
of the United States. EPA will submit a board diagnostic II test requirements for
■ 2. Section 52.370 is amended by periodic motor vehicle inspection and
report containing this action and other redesignating paragraph (c)(98)(i)(A) as
required information to the U.S. Senate, maintenance,’’ effective August 10,
(c)(98)(i)(A)(1) and adding paragraphs 2009, revisions to Section 22a–174–27
the U.S. House of Representatives, and (c)(98)(i)(A)(2) and (c)(105) to read as
the Comptroller General of the United (b), as published in the Connecticut Law
follows: Journal on September 8, 2009.
States prior to publication of the rule in
the Federal Register. A major rule § 52.370 Identification of plan. ■ 3. In § 52.385, Table 52.385 is
cannot take effect until 60 days after it * * * * * amended by revising the second entry
is published in the Federal Register. (c) * * * for state citation 22a–174–27; adding a
This action is not a ‘‘major rule’’ as (98) * * * new entry for state citation 22a–174–27
defined by 5 U.S.C. 804(2). (i) * * * after the existing two entries; and
Under section 307(b)(1) of the Clean (A) * * * adding two new entries for state citation
Air Act, petitions for judicial review of (2) In revisions to the State 22a–174–36b in numerical order to read
this action must be filed in the United Implementation Plan submitted by the as follows:
States Court of Appeals for the Connecticut Department of
appropriate circuit by May 18, 2015. Environmental Protection on January § 52.385 EPA-approved Connecticut
Filing a petition for reconsideration by 22, 2010 section 22a–174–27 (e) was regulations.
the Administrator of this final rule does repealed by the State of Connecticut * * * * *
rljohnson on DSK3VPTVN1PROD with RULES
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![Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules and Regulations 13771
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut Federal
State Title/Subject Register Section 52.370 Comments/Description
Date adopted Date approved
citation citation
by State by EPA
* * * * * * *
22a–174–27 .. Emission standards and on- 8/25/04 12/05/08 74 FR 74019 (c)(98) DEP regulations including
board diagnostic II test re- emissions standards and
quirements for periodic OBD2 requirements. Para-
motor vehicle inspection graph 52.370(c)(98) was
and maintenance. revised March 17, 2015 by
redesignating paragraph
(c)(98)(i)(A) as
(c)(98)(i)(A)(1) and adding
paragraph (c)(98)(i)(A)(2)
to read as follows: (2) In
revisions to the State Im-
plementation Plan sub-
mitted by the Connecticut
Department of Environ-
mental Protection on Jan-
uary 22, 2010 section
22a–174–27 (e) was re-
pealed by the State of
Connecticut effective Au-
gust 10, 2009. Section
22a–174–27 (e), which
was approved in para-
graph (c)(98)(i)(A)(1), is
removed from the SIP
without replacement; see
paragraph (c)(105)(i)(B) of
this section.
22a–174–27 .. Emission standards and on- 8/10/09 3/17/15 [Insert Fed- (c)(105) This SIP revision includes a
board diagnostic II test re- eral Reg- change to exempt com-
quirements for periodic ister cita- posite vehicles from tail-
motor vehicle inspection tion] pipe inspections. Revision
and maintenance. to Section 22a–174–27 (b)
and removal of Section
22a–174–27 (e).
* * * * * * *
22a–174–36b Low Emission Vehicles II 12/22/05 3/17/15 [Insert Fed- (c)(105) Adoption of Connecticut’s
Program.. eral Reg- Low Emissions Vehicle II
ister cita- (LEV II) Program. Sections
tion] 22a–174–36b (a), (b), (d),
(f) through (j), (l), (m), and
new sections (n) and (o).
22a–174–36b Low Emission Vehicles II 8/10/09 3/17/15 [Insert Fed- (c)(105) Sections 22a–174–36b (c),
Program.. eral Reg- (e), and (k).
ister cita-
tion]
* * * * * * *
[FR Doc. 2015–05964 Filed 3–16–15; 8:45 am] DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA),
BILLING CODE 6560–50–P Commerce.
National Oceanic and Atmospheric ACTION: Final rule.
Administration
SUMMARY: The Assistant Administrator
50 CFR Part 300 (AA) for Fisheries, National Oceanic
and Atmospheric Administration
[Docket No. 141126999–5235–01] (NOAA), on behalf of the International
rljohnson on DSK3VPTVN1PROD with RULES
Pacific Halibut Commission (IPHC),
RIN 0648–BE69
publishes annual management measures
Pacific Halibut Fisheries; Catch governing the Pacific halibut fishery
Sharing Plan recommended as regulations by the
IPHC and accepted by the Secretary of
AGENCY: National Marine Fisheries State. This action is intended to
Service (NMFS), National Oceanic and enhance the conservation of Pacific
VerDate Sep<11>2014 15:20 Mar 16, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM 17MRR1](https://thefederalregister.org/doc/80_FR_13819/page/4.svg)
Document Created: 2015-12-18 12:01:28
Document Modified: 2015-12-18 12:01:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on April 16, 2015. | |
| Contact | Donald O. Cooke, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, telephone number (617) 918-1668, fax number (617) 918-0668, email [email protected] | |
| FR Citation | 80 FR 13768 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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