6560-50-P

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0697; FRL-12048-01-R1]
Air Plan Approval; Connecticut; Low Emissions Vehicles 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 on December 14,
2015. This SIP revision includes Connecticut’s revised regulations for new motor vehicle
emission standards. Connecticut updated its motor vehicle emission regulations to adopt
California’s Advanced Clean Car (ACC) I program that includes California’s low emission
vehicle (LEV) III criteria pollutant standards and zero-emission vehicle (ZEV) sales
requirements through the 2025 model year, and greenhouse gas (GHG) emissions standards that
commence in the 2017 model year. Connecticut ensured that its regulations are identical to the
California standards for which a waiver has been granted, as required by the Clean Air Act
(CAA).
DATES: This rule is effective on [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: EPA has established a docket for this action under Docket Identification No.
EPA-R01-OAR-2017-0697. All documents in the docket are listed on the
https://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 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: Eric Rackauskas, Air Quality Branch, U.S.
Environmental Protection Agency, EPA Region 1, 5 Post Office Square – Suite 100 (Mail code
5-MI), Boston, MA 02109-3912, tel. (617) 918-1628, email rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On January 16, 2018 (83 FR 2097), EPA published a Notice of Proposed Rulemaking
(NPRM) proposing approval of Connecticut’s amended Section 22(a)-174-36b (Low Emission
Vehicle II Program) (LEV II) and the newly adopted Section 22a-174-36c (Low Emission
Vehicle III Program) (LEV III) of the Connecticut State Regulations into the Connecticut SIP.1
Connecticut’s “LEV III regulation” adopts all of California’s ACC I program. California’s ACC
I program is comprised of what it terms LEV III (which includes criteria pollutants emission
standards and greenhouse gas emission standards), and a zero-emissions vehicle sales
requirement. Connecticut’s emission limits apply to new passenger cars, light-duty trucks, and
medium-duty passenger vehicles sold, leased, imported, delivered, purchased, rented, acquired,

See EPA’s Notice of Proposed Rulemaking for more information on CT’s SIP submittal.

or received in the State of Connecticut. Connecticut has adopted these rules to reduce emissions
of volatile organic compounds (VOC), particulate matter (PM), and nitrogen oxides (NOx) in
accordance with the requirements of the Clean Air Act (CAA), as well as to reduce greenhouse
gases. Connecticut has adopted standards that are identical to the California standards that have
been issued a waiver by EPA.2 Other specific requirements of Connecticut’s December 14,
2015, SIP revision and the rationale for EPA's proposed action are explained in the NPRM and
will not be restated here. EPA received both supportive and adverse comments on the proposed
Connecticut SIP revision.
II. Response to Comments
EPA received two comments in support of EPA’s proposed approval of Connecticut’s SIP
revision. The first comment stated that EPA, “correctly determined that the emission standards
in Connecticut’s SIP revision are identical to the relevant California Standards” and satisfy the
requirements of the CAA. The second comment supported Connecticut’s action and encouraged
similar action in more states throughout the country. In addition, EPA received comments
criticizing some technical aspects of the California Advanced Clean Car I (ACC I) program
being adopted by Connecticut under the proposed Connecticut SIP revision.
Under CAA section 209(a), states are generally preempted from either adopting or enforcing
emissions standards for new motor vehicles and engines. CAA section 209(b) allows EPA to
waive this preemption for the State of California subject to listed criteria. Additionally, under
CAA section 177, “any state which has plan provisions approved under this part3 may adopt and
enforce for any model year standards relating to control of emissions from new motor vehicles or
new motor vehicle engines.”

EPA issued a waiver of preemption under section 209 of the CAA for California’s Advanced Clean Car program
(that includes its LEV III and ZEV programs) on January 9, 2013 (78 FR 2211). EPA issued a section 209 waiver
for California’s LEV II program on April 22, 2003 (68 FR 19811); see also 70 FR 22034 (April 28, 2005), 75 FR
41948 (July 30, 2010). EPA reinstated the ACC I waiver on March 14, 2022 (87 FR 14332).
“This part” refers to Part D of Title I of the CAA. Part D contains requirements for nonattainment and
maintenance areas and states within the Ozone Transport Region as defined in CAA section 184(a).

Specifically, section 177 of the CAA allows a state to adopt the California emissions
standards if:
(1) Such standards are identical to the California standards for which a waiver has been
granted for such model year, and
(2) California and such State adopt such standards at least two years before
commencement of such model year.
EPA did not receive any comments challenging either of the above criteria. As such, EPA views
the comments received as beyond the scope of this action. In this action, EPA is only approving
Connecticut’s adoption of standards into its SIP under CAA section 177 for which EPA has
already granted a waiver of preemption to California (under CAA section 209(b)). To the extent
commenters are challenging the ACC I program standards themselves, we note that there is no
discretion to modify those standards because under CAA section 177, Connecticut cannot adopt
standards that are not identical to the California standards. Therefore, challenges to the ACC I
standards themselves are outside the scope of the present action. For example, comments
pertaining to battery safety, mining of rare earth elements, and the greenhouse gas footprint of
electric cars are beyond the scope of this action because they do not address Connecticut’s
authority to adopt these standards under Section 177 of the CAA. The standards at issue (LEV
III criteria pollutant standards and GHG emission standards, and ZEV sales requirements, that all
comprise the ACC I program) are the types of California standards that can be adopted into a
state’s SIP under the provisions of section 177 of the CAA and are not subject to preemption
under section 209 of the CAA, so long as the underlying California standards have been waived
under section 209(b) and the other criteria of section 177 have been met. Here, the ACC I
standards have been waived by EPA and the other criteria in section 177 have been met. 4

EPA also did not receive any comments that challenged the approvability of the standards under section 110 of the
CAA.

As explained in the NPRM, EPA proposed approval of Connecticut’s SIP revision
incorporating California motor vehicle emissions standards into Connecticut’s SIP (83 FR 2097).
Specifically, the SIP revision adopts California’s ACC I program regulations for which EPA had
previously granted a waiver of preemption to California under CAA section 209(b) (78 FR 2112;
see also 87 FR 14332). The ACC I program comprises regulations for ZEV and LEV, which
include standards for criteria pollutants for new passenger cars, light-duty trucks, medium-duty
passenger vehicles, and certain heavy-duty vehicles for model years 2015 through 2025. The
ACC I program also includes GHG emission standards that are applicable to 2017 and
subsequent model year vehicles. A complete description of the ACC I program can be found at
78 FR 2114, 2122, 2130-31 and in California Air Resources Board’s (CARB) 209(b) waiver
request, which is available in the docket for the January 2013 waiver decision, Docket Id. EPA–
HQ–OAR–2012–0562.5
CAA section 110(a)(1) requires that SIPs provide for the implementation, maintenance, and
enforcement of the NAAQS. As noted in the NPRM, Connecticut adopted the ACC I regulations
to reduce emissions of volatile organic compounds (VOC), particulate matter (PM), and nitrogen
oxides (NOx), as well as to reduce GHG emissions. NOx and VOC are precursors of both ozone
and PM, and reductions in NOx and VOC emissions can therefore decrease the concentration of
these criteria pollutants.6 The LEV III, GHG emissions and ACC I passenger vehicle ZEV
standards that we are approving into Connecticut’s SIP will decrease NOx and VOC emissions,
which, along with other emission control measures in the SIP, will assist the State in achieving

See also 87 FR 14332.
In its notice of decision granting a waiver of CAA preemption for the ACC I regulations, EPA discussed the types
of air pollution and emission benefits identified by CARB in its ACC I rulemaking associated with its passenger
vehicle LEV III, GHG, and ZEV standards (78 FR 2112, 2122). In subsequent documentation, CARB further
identified air pollution and emission benefits of its GHG emission and passenger vehicle ZEV standards (both
within the ACC I program) that have a connection to a number of NAAQS, including the PM and ozone NAAQS.
See CARB, Staff Report, Attachment B to Executive Order S-21-010 (“Emissions Benefits of California’s Passenger
Vehicle GHG Standards”), dated July 2, 2021; see also CARB, Staff Report, Appendix A – Criteria Pollutant
Emission reductions from California’s Zero Emission Vehicle Standards for Model Years 2017-2025, dated July 6,
2021. While CARB’s estimates of the criteria pollutant precursor reductions resulting from adoption of these
standards are specific to California, CARB’s analysis supports the connection between adoption of the GHG
standards and resulting criteria pollutant precursor reductions.
the emissions reductions needed to comply with the various nonattainment and maintenance
planning requirements of the CAA.7 As such, we believe that inclusion of the LEV III, GHG,
and ZEV portions of the ACC I program in the Connecticut SIP is appropriate under CAA
section 110(a)(1).
III. Final Action
EPA is finalizing its proposed approval of Connecticut’s December 14, 2015, SIP revision.
Specifically, EPA is approving Connecticut’s SIP revision adopting California’s Advanced
Clean Car I program into its SIP, which includes California’s low emission vehicle (LEV) III
criteria pollutant standards GHG emission standards that commence in the 2017 model year, and
zero-emission vehicle (ZEV) sales requirements through the 2025 model year.
EPA is approving this SIP revision because it meets all applicable requirements of the Clean
Air Act, including CAA section 110(l), because it will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or any other applicable
requirement of the Act.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the Connecticut Department of Energy and Environmental Protection’s adoption of
the California Advanced Clean Car I program, in Sections 22(a)-174-36b and 22a-174-36c of the
Regulations of Connecticut State Agencies, as discussed in sections I. and III. of this preamble
and set forth below in the amendments to 40 CFR part 52. The EPA has made, and will continue
to make, these documents generally available through https://www.regulations.gov and at the
EPA Region 1 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

Connecticut remains in nonattainment status for the 2008 and 2015 ozone standards, and in maintenance for the
1997 and 2006 PM2.5 standards. See EPA's Green Book: https://www.epa.gov/green-book.

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. 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 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 (Public Law
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 rule does not have Tribal implications and will not impose substantial
direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
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 minority populations and low-income populations to the greatest
extent practicable and permitted by law. EPA defines environmental justice (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 Department of Environmental Protection 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 EO 12898 of achieving environmental justice for people of
color, low-income populations, and Indigenous peoples.
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 [INSERT DATE 60
DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. 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: June 28, 2024.

David Cash,
Regional Administrator,
EPA Region 1.

Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52 – APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H - Connecticut

2. Section 52.370 is amended by adding paragraph (c)(132) to read as follows:
§ 52.370
*

*

Identification of plan
*

*

*

(c) * * *
(132) Revisions to the State Implementation Plan submitted by the Connecticut Department
of Environmental Protection on December 14, 2015.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies, Regulation 22a-174-36b,
“Low emission vehicles II program,” amended August 1, 2013.
(B) Regulations of Connecticut State Agencies, Regulation 22a-174-36c,
“Low Emission Vehicle III Program,” effective August 1, 2013.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Energy and Environmental
Protection, dated December 14, 2015, submitting a revision to the
Connecticut State Implementation Plan.

4. Section 52.385, is amended in Table 52.385 by:

a. adding a third entry for state citation “22a-174-36b” before the entry for “22a-174-36(g)”;
and
b. adding an entry for state citation “22a-174-36c” before the entry for “22a-174-36(g)”.
The additions read as follows:

§ 52.385 - EPA-approved Connecticut regulations.
*

*

*

*

*
Table 52.385 - EPA-Approved Regulations

Connecticut
State
citation

Title/ subject
Dates

Federal
Register
citation

Section
52.370

Comments/
description

*

*

*

Date
Date
adopted approved by
by State
EPA

*

*

*

22a-174-36b

Low Emission Vehicle II
Program

8/1/13

22a-174-36c

Low Emission Vehicle III
Program

*

*

*

[Insert [Insert Federal
Federal
Register
Register
citation]
date of
publication
date]
[Insert [Insert Federal
Federal
Register
8/1/13
Register
citation]
date of
publication
date]
*
*
*

[FR Doc. 2024-15225 Filed: 7/12/2024 8:45 am; Publication Date: 7/15/2024]

(c)(132)
Revises LEV II
program, places end
date on model year
vehicles
(c)(132)
Adopts the LEV III
regulation

*

*