Proposed Rule2024-27050
Air Plan Approval; Connecticut; Approval of State Implementation Plan Requirements for the 2008 Ozone Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 21, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 225 (Thursday, November 21, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27050]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to:
<a href="/cdn-cgi/l/email-protection#563b3535393838333a3a782439343324221633263778313920"><span class="__cf_email__" data-cfemail="600d03030f0e0e050c0c4e120f02051214200510014e070f16">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Publicly
available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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; <a href="/cdn-cgi/l/email-protection#d2bfb1b1bdbcbcb7bebefca0bdb0b7a0a692b7a2b3fcb5bda4"><span class="__cf_email__" data-cfemail="0d606e6e626363686161237f626f687f794d687d6c236a627b">[email protected]</span></a>.
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 (NO<INF>X</INF>) 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 NO<INF>X</INF> 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 NO<INF>X</INF>
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% NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> for the
Connecticut portion of the NY-NJ-CT nonattainment area. Table 2
contains these VOC and NO<INF>X</INF> 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 NO<INF>X</INF> 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
<a href="https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013CC0.pdf">https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1013CC0.pdf</a>.
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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 NO<INF>X</INF> 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 NO<INF>X</INF> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.