ATTACHEMENT H 

STATE OF CONNECTICUT 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

HEARING REPORT 

Prepared Pursuant to Section 4-168(d) 

of the Connecticut General Statutes and 

Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice 

Regarding Regulations for the Abatement of Air Pollution: 

Proposed Adoption of Section 22a-174-36b and 

Proposed Amendment of Section 22a-174-36(i) of the 

Regulations of Connecticut State Agencies 

Hearing Officer: Paul E. Farrell 

Date of Hearing : May 7, 2004 

Introduction 

On March 5, 2004, the Deputy Commissioner of the Department of Environmental Protection 

("Department") signed a notice of intent to adopt section 22a-174-36b ("section 36b") and amend 

section 22a-174-36(i) ("section 36(i)") of the Regulations of Connecticut State Agencies 

("R.C.S .A.") concerning the second phase of the California Low Emission Vehicle Prograni. 

Pursuant to such notice, a public hearing was held on May 7, 2004. The public comment period 

for the proposed amendment and adoption also closed on May 7, 2004. 

On May 10, 2004, the Governor of the State of Connecticut signed into law Public Act 04-84, 

which the General Assembly adopted on April 22, 2004. Public Act 04-84 directs the 

Commissioner of Environmental Protection ("Commissioner") to adopt regulations by December 

31, 2004, in accordance with the provisions of chapter 54 of the Connecticut General Statutes 

("C.G.S ."), to implement the light duty motor vehicle emission standards of the state of 

California applicable to motor vehicles of model year 2008 and later. Furthermore, this Public 

Act directs the Commissioner to amend such regulations from time to time, in accordance with 

any changes in the standards made by the state of California. 

1. Hearing Report Content 

As required by section 4-168(d) of the C.G.S ., this report describes the regulations proposed for 

hearing; the principal reasons in support of the Department's proposed amendment and adoption; 

the principal considerations presented in. oral. and written comments in opposition to the 

Department's proposed adoption and amendment; all comments and responses thereto on the 

proposed adoption and amendment; and the final wording of the proposed adoption and 

amendment. Coxnmenters are identified in Attachment 1 . 

( Printed on Recycled Paper ) 

?9 Elm Street " Hartford, CT 06106 - 512'1 

http ://dep .state .ct .us 

An Equal Opportunity Employer 
This report also includes a statement pursuant to C.G.S . section 22a-6(h). 

11. Compliance with Section 22a-6(h) of the Connecticut General Statutes 

Section 22a-6(h) of the C.G.S ., as amended by section 5 of Public Act 03-76, requires the 

Commissioner to distinguish clearly, at the time of notice, all provisions of a proposed regulation 

or amendment thereto that differ from adopted federal standards and procedures, provided: (1) 

such proposed amendment pertains to activities addressed by adopted federal standards and 

procedures ; and (2) such adopted federal standards and procedures apply to persons subject to the 

provisions of such proposed amendment. In addition, the Commissioner must provide an 

explanation for all such provisions in the regulation-making record required under chapter 54 of 

the C.G.S. 

In accordance with the requirements of C.G.S. section 22a-6(h), the Hearing Officer made a 

written statement available upon publication of the public notice and at the public hearing. Such 

statement, incorporated into the administrative record for this matter, indicated that there are 

applicable federal tailpipe standards established in 40 CFR 86, known as Tier 2 standards, . 

concerning classes of vehicles that would be subject to section 36b. The primary difference 

between Tier 2 and the California Low Emission Vehicle 11("LEV IT") standards set forth in 

section 36b is that LEV 11 requires automobile manufacturers to provide cars with lower emitting 

tailpipe emissions than cars built to meet the federal Tier 2 standards and also to comply with a 

more stringent emissions rate applicable to an entire fleet of vehicles sold. There are two 

additional differences between LEV II and the current federal Tier 2 standards: 

o LEV 11 will require the sale of advanced technology vehicles instead of only "zero 

emission" or "electric" vehicles, and 

o LEV II offers lower toxic air pollutant emissions. According to the United States 

Envirolunental Protection Agency's ("EPA's") National Assessment of air toxics, mobile 

sources contribute 66% of all air toxi.cs: 

The Department has reviewed recent analysis performed by the Northeast States for Coordinated 

Air Use Management ("NESCAUM") and believes California LEV II program is an effective 

program that should be adopted. The Department believes the LEV li program provides criteria 

pollutant, toxic and greenhouse gas emission benefits over the federal Tier 2 program. Relative 

to the federal Tier 2 program, the LEV II program by 2020 will provide an approximately 25 

percent greater reduction in each of the following air toxins : benzene; 1,3 butadiene; 

formaldehyde; and acetaldehyde . The LEV 11 program will also reduce other toxins including 

toluene, acrolein and others . The LEV 11 program will also provide an approximate 15 percent 

reduction in total. hydrocarbons ("HC"), and a 2-3 percent reduction in carbon dioxide ("C02") 

and other climate change gases when the program is fully implemented. As a result of these 

differences, the LEV II program will provide better air quality for all of Connecticut and greater 

choices among cleaner vehicles for Connecticut consumers. 
The Department believes the adoption of the LEV IC program in Connecticut will substantially 

improve the emissions profile of subject vehicles, especially with respect to emissions of 

hazardous (i .e., toxic) air pollutants. This program is now in effect in the states of New York, 

Massachusetts, Maine and Vermont. The state of New Jersey recently adopted legislation 

mandating the adoption of LEV II standards. The state of Rhode Island has also initiated a 

stakeholder process to move forward in adopting the LEV II program by the end of 2004 to be 

effective with the 2008 model year. 

There are two key requirements under the proposed, regulations. First, light duty vehicle 

manufacturers must provide only new California-certified LEV .II vehicles into the Connecticut 

market commencing with the 2008 model year. Second, each manufacturer must demonstrate 

that all such vehicles sold into this market, in aggregate, meet an average emission standard (also 

known as a fleet emissions standard). The fleet emissions standard becomes progressively more 

stringent over time but is flexible in that manufacturers have the opportunity to earn emission 

credits to partially offset future requirements . The proposed rules will also require the 

implementation of the, advanced technology vehicle requirement, previously known as the "zero 

emissions vehicle" program. 

III. Summary and Text of the Regulatory Amendments as Proposed 

A. Section 22a-174-36b, Low Emission Vehicles 11. This proposed new regulation will 

produce additional reductions of volatile organic compounds ("V4Cs") and hazardous air 

pollutants by requiring, commencing with the 2008 model year, light duty vehicle manufacturers 

to provide only vehicles certified to the California LEV II standards into the Connecticut market. 

Each manufacturer must demonstrate that all such vehicles sold into this market, in aggregate, 

meet an average emission standard (also known as a fleet emissions standard). Subject 

manufacturers will also be required to comply with the LEV IT advanced technology vehicle 

requirements, warranty, recall and -reporting provisions. The text of the regulation as proposed 

for public hearing is as follows: 

Section 22a-174-36b. California Low Emission Vehicles lI. 

(a) Definitions and abbreviations. For the purposes of this section: 

(1) "Air contaminant emission control system" means the equipment designed for installation 

on a motor vehicle or motor vehicle engine for the purpose of reducing the air contaminants 

emitted from the motor vehicle or motor vehicle engine, or system or engine modification on a 

motor vehicle or motor vehicle engine which causes a reduction of air contaminants emitted from 

the motor vehicle or motor vehicle engine, including but not limited to exhaust control systems, 

fuel evaporation control systems, and crankcase ventilating systems. 

(2) "CARB" means the California Air Resources Board. 
(3) "Certified" means the finding by CARB that a motor vehicle, motor vehicle engine, or 

motor vehicle engine family, or air contaminant emission control system has satisfied the criteria 

adopted by CARB for the control of specified air contaminants from motor vehicles . 

(4) "Dual-fuel" means a motor vehicle that is engineered and designed to be capable of 

operating on a petroleum fuel and on another fuel that is stored separately on-board the vehicle . 

(5) "Emergency vehicle" means any publicly owned vehicle operated by peace officer in 

performance of his or her duties, any authorized vehicle used for fighting fires or responding to 

emergency fire calls, any publicly owned authorized vehicle used by emergency medical 

technicians or paramedics, or used for towing or servicing other vehicles, or repairing damaged 

lighting or electrical equipment, or an ambulance. 

(6) "Emission control label" means the permanent stickers required by CARB and affixed to 

a112007 and subsequent model year passenger cars and light duty trucks, certified for sale in 

California. 

(7) "Emissions-related part" means any automotive part that affects any regulated emissions 

from a motor vehicle or motor vehicle engine that is subject to California or federal emissions 

standards, as set forth in California Code of Regulations, Title 13, section 1400(b)(3) . 

(8) "EPA" means the United States Environmental Protection Agency. 

(9) "Executive Officer" means an Executive Officer of CARB . 

(10) "Fleet average emissions" means a motor vehicle manufacturer's average vehicle 

emissions of all non-methane organic gases from all vehicles that are subject to this section, sold 

in the State of Connecticut in any model year. 

(11) "Fuel-flexible" means a m.efihanol-fueled motor vehicle that is engineered and designed 

for operation using any gasoline-methanol fuel mixture or blend. 

(12) "Heavy-duty vehicle" means any motor vehicle having a manufacturer's gross vehicle 

weight rating greater than 6,000 pounds, except passenger cars . 

(13) "Hybrid electric vehicle" or MEW means a motor vehicle which allows power to be 

delivered to the driver wheels solely by a battery powered electric motor but which also 

incorporates the use of a combustion engine to provide power to the battery, or any vehicle which 

allows power to be delivered to the drive wheels by either a combustion engine and/or by battery 

powered electric motor. 

(14) "Light duty truck" or "LDT" means any 2007 and subsequent model-year motor vehicle 

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certified to the standards in California Code of Regulations, Title 13, section 1961(a)(1) having a 

gross vehicle weight rating of 8500 pounds or less, and any other motor vehicle rated at 6000 pounds or less, that is designed primarily for the purposes of transportation of property or is a 

derivative of such a vehicle, or is available with special features enabling off-street or off 

highway operation and use. 

(15) "Loaded vehicle weight" or "LVW ' mean.s vehicle curb weight plus 300 pounds. 

(16) "Medium-duty vehicle" means any 2007 and subsequent model year heavy-duty, 

low-emissions, ultra-low-emission, super-ultra-low emission or zero-emission vehicle 

certified to the standards in California Code of Regulations, Title 13 section 1961(a)(1) or 

1962 having a manufacturer's gross vehicle weight rating between 8,501 and 14,000 

pounds. 

(17) "Military tactical vehicles and equipment" means those vehicles defined by 

California Code of Regulations, Title 13, section 1905. 

(18) "Model year" means "model year" as defined in 40 CFR 85 .2302 and determined in 

accordance with the provisions of 40 CFR 85 .2301 through 40 CFR 85.2304, inclusive. 

(19) "New vehicle" means any passenger car or light duty truck with 7,500 miles or fewer on 

its odometer. . 

(20) "NMOG" means non-methane organic gas; 

(21) "Passenger car" or "PC" means any motor vehicle designed primarily for 

transportation of persons having a design capacity of twelve persons or less. 

(22) "Offset vehicle" means a vehicle that has been certified by the State of California 

as set forth in the California Code of Regulations, Title 13, section 1960.5 . 

(23) "PZEV" means partial ZEV as defined in California Code of Regulations, Title 

13, section 1962. 

(24) "Small volume manufacturer" means, except as otherwise provided in California 

Code of Regulations, Title 13, sections 1960.1(g)(2), 1960.1(h)(2) and 1960.1(n), any 

2001 and subsequent model-year manufacturer with California sales less than 4,500 new 

passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavyduty engines based on the average number of vehicles sold for the three previous 

consecutive model-years for which a manufacturer seeks certification; however, for 

manufacturers certifying for the first time in California, model-year sales shall be based 

on projected Califorrnia sales. 
(25) "SULEV" means a super-ultra-low-emission vehicle. 

(26) "TLEV" means a transitional-low-enaission vehicle. 

(27) "ULEV" means an ultra-low-emission vehicle. 

(28) "Vehicle" means any motor vehicle . 

(29) "ZEV" means a zero-emission-vehicle. 

(b) Applicability. This section shall apply to all 2008 and subsequent model year passenger 

cars and light duty trucks sold, leased, offered for sale or lease, imported, delivered, purchased, 

rented, acquired or received, in the State of Connecticut except that this section shall not apply to 

those vehicles listed in subsections (c) and (d) of this section. 

(c) Prohibitions and compliance requirements. 

(1) Unless subject to an exemption listed in subsection (d) of this section, no person shall sell 

or register, offer for sale or lease, import, deliver, purchase, rent, lease, acquire or receive a new 

2008 or subsequent model year vehicle in the State of Connecticut unless such vehicle is certified 

to California emission standards and meets : 

(A) The exhaust emission standards set forth in the California Code of Regulations, 

Title 13, sections 1956 .8(g) or (h), 1960.1, 1961(a) or 1962(a); 

(B) The emission control label or smog index label requirements set forth in the 

California Code of Regulations, Title 13, section 1965; 

(C) The evaporative emission standards set forth in the Califortiia Code of 

Regulations, Title 13, section 1976; 

(D) The refueling emissions standards set forth in the California Code of Regulations, 

Title 13, section 1978; 

(E) The malfunction and diagnostic system requirements set forth in the California 

Code of Regulations, Title 13, 1968 .1 ; 

(F) The assembly-line testing procedure requirements set forth in the California Code 

of Regulations, Title 13, section 2062; and 

(G) The specifications for fill pipes and openings of motor vehicle fuel tanks set forth 

in the California Code of Regulations, Title 13, section 2235. 
(2) ZEV mandate. Beginning with the 2008 model year, each manufacturer's sales .fleet of 

passenger cars and light duty trucks produced and delivered for sale in the State of Connecticut 

shall contain at least 10 percent ZEVs subject to the same requirements, including early credit 

and banking provisions, set forth in the California Code of Regulations, Title 13, section 1962 

using Connecticut specific vehicle numbers. 

(3) All vehicle manufacturers shall comply with the fleet average, warranty, recall and other 

applicable requirements set forth in subsections (e), (f), (g), (h), (i), (j), and (k) of this section. 

(d) Exemptions. The following vehicles shall not be subject to this section: . 

(1) A vehicle transferred by inheritance; 

(2) A vehicle transferred by decree of divorce, dissolution or legal separation entered by a 

court of competent jurisdiction; 

(3) A vehicle purchased by a nonresident prior to establishing residency in the State of 

Connecticut ; 

(4) A vehicle sold for the purpose of being wrecked or dismantled; 

(5) A vehicle sold directly from one dealer to another dealer; 

(6) A vehicle sold for registration out of state; 

(7) A vehicle sold designed exclusively for off-highway use; 

(8) A vehicle that has been certified to standards promulgated pursuant to the authority 

contained in 42 U.S .C. 7521 and which is in the possession of a rental agency in Connecticut and 

is next rented with a final destination outside of Connecticut; 

(s) An emergency vehicle; 

(10) A military tactical vehicle; 

(11) A vehicle exempted by California Health and Safety Code, section 43656; or 

(12) A vehicle acquired by a resident of this state for the purpose of replacing a vehicle 

registered to such resident that was damaged or became inoperative beyond reasonable repair or 

was stolen while out of this state, provided that such replacement vehicle is acquired out of state 

at the time the previously owned vehicle was either damaged or became inoperative or was 

stolen . 
(e) Emission Standards, warranty, recall and miscellaneous provisions . Each 

manufacturer and each new 2008 and subsequent model-year passenger cars and light-duty trucks 

that are subject to this section shall comply with each applicable standard set forth in Table 36b-1 

and incorporated by reference herein : 

Table 36b-1 

California Code of Regulations (CCR) 

Title 13 

Provisions Incorporated by Reference I, 

Title 13 CCR Title Section 

Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1 General Provisions 

Section 1900 Definitions 12/19/03 

Article 2 Approval of Motor Vehicle Pollution Control Devices (New Vehicles 

Section 1956.8(g) and (h) Exhaust Emission Standards and Test Procedures 12/14/03 

-1985 and Subsequent Model Heavy Duty 

Engines and Vehicles 

Section 1960.1 Exhaust Emission Standards and Test Procedures 10/16/02 

-1981 and through 2006 Model Passenger Cars, 

Light-Duty and Medium-Duty Vehicles 

Section 1961 Exhaust Emission Standards and Test Procedures 12/04/03 

- 2004 and Subsequent Model Passenger Cars, 

Light-Duty Trucks and Medium-Du Vehicles 

Section 1962 Zero Emission Vehicle Standards for 2005 and 12/19/03 

Subsequent Model Passenger Cars, Light-Duty 

Trucks and Medium-Duty Vehicles 

Section 1965 Emission Control and Smog Index Labels - 1979 12/04/03 

and Subsequent Model Year Vehicles 

Section 1968 .1 Malfunction and Diagnostic System Requiremen 11/27/99 

- 1994 and Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and Medium-Duty 

Vehicles 

Section 1968 .2 Malfunction and Diagnostic System Requiremen 04/21/03 

- 2004 and Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and Medium-Duty 

Vehicles 

Section 1968.5 Enforcement of Malfunction and Diagnostic 04/21/03 

System Requirements for 2004 and Subsequent 

Model Year Passenger Cars, Light Duty Trucks, 

and Medium-Du Vehicles and Engines 

Section 1976 ~ Standards and Test Procedures for Motor Vehicle I 11/27/99 

Fuel Evaporative Emissions 
Section 1978 Standards and Test Procedures for Vehicle 11/27/99 

Refueling Emissions 

Article 6 Emission Con trol System Warrant 

Section 2035 Purpose, Applicability and Definitions 12/26/90 

Section 2036 Defects Warranty Requirements for 1979 through 5/15/99 

1989 Model Year Passenger Cars, Light-Duty 

Trucks and Medium-Duty Vehicles; 1979 and 

Subsequent Model Year Motorcycles and HeavyDuty Vehicles; and Motor Vehicle Engines Used 

in Such Vehicles . 

Section 2037 Defects Warranty Requirements for 1990 and 11/27/99 

Subsequent Model Year Passenger Cars, Light- 

' Duty Trucks and Medium-Duty Vehicles and 

Motor Vehicle Engines Used in Such Vehicles 

Section 2038 Performance Warranty Requirements for 1990 an 11/27/99 

Subsequent Model Year Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles and 

Motor Vehicle Engines Used in Such Vehicles 

Section 2039 Emission Control System Warran Statement. 12/26/90 

Section 2040 Vehicle Owner Obligations 12/26/90 

Section 2046 Defective Catalyst 1/16/79 

Chapter 2 Enforcement of Vehicle Emission Standards and Enforcement Testin g. 

Article I Assemb!y Lj 7 ne TJL estin 

Section 2062 

s 

Assembly-fine Test Procedures 199 8 and 

se 

11/27/99 

SS 

u 

s ut 

ubsequent Model-years . 

Article 2 Enforcement of New and In-use Vehicle Standards 

Section 2101 Compliance Testing and Inspection -- New 11/27/99 

Vehicle Selection, Evaluation and Enforcement 

Action. 

Section 2109 New Vehicle Recall Provisions. 11/27/99 

Section 2110 Remedial Action for Assembly-Line Quality 11/27/99 

Audit Testing of Less than a Full Calendar 

Quarter of Production Prior to the 2001 ModelYear. 

Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls. 

Section 2111 Applicability . g/21/02 

Section 2112 Definitions. 11/15/03 

Appendix A to Article 2.1 . 11/15/03 

Section 2113 7initiation and Approval of Voluntary and 1/26/95 

Influenced Recalls . 

Section 2114 Voluntary and Influenced Recall Plans. 11/27/99 

Section 2115 Eligibility for Repair. 1/26/95 

Section 2116 Repair Label. 1/26/95 

Section 2117 Proof of Correction Certificate. 1/26/95 

Section 2118 Notification. 1/26/95 

Section 2119 Record keeping and Re orting Requirements . 11/27/99 
Section 2120 Other Requirements Not Waived. 1126/95 

Article 2.2 Procedures for In-Use Vehicle Ordered Recalls. 

Section 21.22 General Provisions. 1/26/95 

Section 2123 Initiation and Notification of Ordered EmissionRelated Recalls. 

1/26/95 

Section 2124 Availability of Public Hearing. 1/26/95 

Section 2125 Ordered Recall Plan. 1/26/95 

Section 2126 Approval and Implementation of Recall Plan. 1/26/95 

Section 2127 Notification of Owners. I/26/95 

Section 2128 Repair Label. _1/_26/95 

Section 2129 Proof of Correction Certificate . 1/26/95 

Section 2130 Capture Rates and Alternative Measures. 11/27/99 

Section 2131 Preliminary Tests. 1/26/95 

Section 2132 Communication with Repair Personnel. 1/26/95 

Section 2133 Record keeping and Re ortin Requirements . 1/26/95 

Section 2135 Extension of Time. 1/26/95 

Article 2.3 In-Use Vehicle Enforcement Test Procedures. 

Section 2136 General Provisions. 1/26/95 

Section 2137 Vehicle Selection: 12/28/00 

Section 2138 Restorative Maintenance. 11/27/99 

Section 2139' Testing . 8/21/02 

Section 2140 Notification of In-Use Results . 8/21/02 

Article 2.4 Procedures for Reporting Failure of Emission-Related Com onents . 

Section 2141 General Provisions. 12/28/00 

Section 2142 Alternative Procedures. 2/23/90 _ 

Section 2143 Failure Levels Triggering Recall. 11/27/99 

Section 2144 Emission Warranty Information Report. 11/27/99 

Section 2145 Field Information Report . 11/27/99 

Section 2146 Emissions Information Report. 11/27/99 

Section 2147 Demonstration of Compliance with Emission 

Standards . 

8/21/02 

Section 2148 Evaluation of Need for Recall. 11/27/99 

Section 2149 Notification of Subsequent Action. 2/23/90 

Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Ve hicle Fuel Tanks. 

Section 2235 Requirements. 9/17/91 

Fleet average requirements, reporting and projections, and Delivery reporting 

Requirements. 

(1) The fleet average non-methane organic gas emission values from passenger cars and 

light-duty trucks produced and delivered for sale in the State of Connecticut by a manufacturer 

each model year shall not exceed the fleet average numbers set forth in California Code of 

Regulations, Title 13, sections 1960.1(g)(2) and 1961(b)(1), except as provided in section 

1960.1(g)(2) and 1961(b)(1) . 

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(2) A manufacturer that certifies vehicles equipped with direct ozone reduction technologies is 

eligible to receive NMQG credits for use in fleet average compliance determinations. A 

manufacturer shall submit to the commissioner an Executive Order for CARB, obtained in 

accordance with California Code of Regulations Title 13, section 1960.1(g)(1), which shall 

determine the value of such credits for vehicles delivered for sale in the State of Connecticut, 

when the manufacturer submits its annual NM4G fleet average report . 

(3) Credits and debits may be accrued and utilized based upon each manufacturer's sales of 

vehicles subject to this part in the State of Connecticut, pursuant to the provisions set forth in the 

California Code of Regulations Title 13, sections 1960.1(g)(2) and 1961(b)(1) . 

(4) Commencing with the 2009 model year, each manufacturer shall report to the 

commissioner, using the same format used to report such information to CARB, the average 

emissions of its fleet delivered for sale in the State of Connecticut. The report shall be submitted 

to the commissioner, or the commissioner's designee, no later than March 1 of the calendar year 

succeeding the end of the model year. 

(S) Delivery Reporting Requirements. For the purposes of determining compliance with the 

requirements of this section, commencing with the 2009 model year, each manufacturer shall 

submit annually, to the commissioner, within sixty (60) days subsequent to the end of each model 

year, a report documenting total deliveries for sale of vehicles in each engine family over that 

model year in the State of Connecticut. . 

(g) Fleet Average Emissions Reporting Requirements. 

(1) For the purposes of determining compliance with the requirements of subsections (c)(3) 

and (e) of this section, commencing with the 2008 model year, each manufacturer shall submit 

annually to the Department, within sixty (60) days subsequent to the end of each model year, a 

report which demonstrates that such manufacturer has met the fleet average emissions 

requirements for its fleet delivered for sale in Connecticut. 

(2) Prior to the commencement of each model year, commencing with the 2008 model year, 

each manufacturer shall submit, to the Department, a projection of the fleet average emissions for 

vehicles to be delivered for sale in Connecticut during such model year. 

(h) Fleet average enforcement. 

(1) If the report issued by a manufacturer pursuant to subsection (g) of this section 

demonstrates noncompliance with the fleet average emission standards incorporated by reference 

into this section and set forth in Table 36b-1 of this section, during a model-year, the 

manufacturer must within sixty (60) days file a Fleet Average Enforcement Report with the 

commissioner documenting such noncompliance. The Fleet Average Enforcement Reports must 

identify all vehicle models delivered for sale into the State of Connecticut and their 

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corresponding certification standards and the percentage of each model delivered for sale into the 

State of Connecticut and California in relation to total fleet sales in the respective state. 

(2) Failure to submit an Enforcement Report may result in penalties as permitted under 

chapter 446c of the Connecticut General Statutes in addition to any other penalties permitted by 

law for failure to comply with the fleet average. 

(i) Reporting and Offset vehicle reporting. 

(l.) The manufacturer will submit one copy of the California Executive Order and Certificate 

of Conformity relating to certification of new motor vehicles for each engine family to be sold in 

the State of Connecticut to the commissioner within thirty (30) days of receiving the Executive 

Order from CARB . " 

(2) For the purposes of determining compliance with this section, the commissioner may 

require any vehicle manufacturer subject to this section to submit any documentation the 

commissioner deems necessary to the effective administration and enforcement of this section 

including all certification materials submitted to CARB. 

(3) Offset vehicle reporting. Commencing with the 2007 model-year, by March 1 of the 

calendar year succeeding the end of the model-year, each manufacturer shall report to the 

commissioner the number of offset vehicles, categorized by model type, delivered for sale into 

the State of Connecticut during such model-year. The report shall also include the total number 

of the manufacturer's fleet delivered for sale into the State of Connecticut. 

(l) Warranty Requirements. 

(1) For all 2008 and subsequent model-year vehicles subject to the provisions of this section, 

each manufacturer shall provide a warranty to the ultimate purchaser and each subsequent 

purchaser that complies with the requirements set forth in California Code of Regulations, Title 

13, sections 2035 through 2038, 2040 and 2046. 

(2) For all 2008 and subsequent model-year vehicles subject to the provisions of this section, 

each manufacturer shall include the emission control system warranty statement that complies 

with the requirements set forth in California Code of Regulations, Title 13, sections 2039 

modified as may be necessary to inform Connecticut vehicle owners of the applicability of the 

California warranty. The manufacturer shall also provide a telephone number on such statement 

appropriate for the State of Connecticut. 

(k) Recalls. 

(1) For a112008 and subsequent model-year vehicles subject to the provisions of this section, 

each manufacturer shall undertake an action equivalent to that required by any order or 

12 
enforcement action taken by CAR13, or any voluntary or influenced emission related recall 

initiated by any manufacturer pursuant to or required by California Code of Regulations, Title 13, 

sections 2101 through 2120, 2122 through 2133, and 2135 through 2149, unless within thirty 

(30) days of CARB approval of such recall, the manufacturer demonstrates to the commissioner 

that such recall is not applicable to vehicles registered in the State of Connecticut. 

(2) Each manufacturer shall send to owners of vehicles registered in the State of Connecticut 

a notice that complies with the requirements set forth in California Code of Regulations, Title 1.3, 

sections 2118 or 2127, provided that such notice shall contain a telephone number appropriate 

for use by vehicle owners or operators in the State of Connecticut. 

(t) Incorporation by reference. Availability and interpretation of referenced material. 

(a) In accordance with the provisions of section 22a- 174g of the Connecticut General 

Statutes, this section incorporates by reference certain sections of Title 13, California Code of 

Regulations. Table 36b-1 lists the sections of Title 13, California Code of Regulations 

incorporated by reference and the respective amended date for each section. 

(b) Copies of the relevant sections of Title 13, California Code of Regulations incorporated 

by reference in this section are available by contacting : 

Connecticut Department of Environmental Protection 

Bureau of Air Management 

Planning & Standards Division 

79 Elm. Street 

Hartford, Connecticut 06106 

(860) 424-3027 

(c) For purposes of applying the incorporated sections of the California Code of Regulations, 

unless clearly inappropriate, "California" shall mean "Connecticut." 

B. Subsection 22a-174-36(i), Low Emission Vehicles. This proposed new subsection to the 

existing national low emission vehicle rule will sunset section 36 upon the implementation of 

section 36b. The State of Connecticut is currently committed to the implementation of the 

national low emission vehicle program until the 2006 model year. 

(i) Repeal provision. The California Low Emission Vehicle, National Low Emission Vehicle 

and all related provisions in this section shall be repealed upon the implementation date of 

section 22a-174-36b of the Regulations of Connecticut State Agencies. 

Statement of Purpose: 

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To repeal the provisions of section 22a-174-36 and to adopt the California Low Emission 

Vehicle program, including all "zero emission vehicle" program elements, in accordance with 

section. 177 of the Clean Air Act ("CAA") commencing with 2008 model year and later vehicles . 

IV. Principal Reasons in Support o¬ the Proposed Amendments 

The proposed adoption of section 36b is required pursuant to Public Act 04-84 and will provide 

additional emission reductions of VOCs and air toxins associated with motor vehicle emissions, 

such as: benzene; 1,3 butadiene; formaldehyde; and acetaldehyde . 

V. Principal Considerations in Opposition to the Proposed Amendments 

The principal considerations raised in opposition to the Department's intended action are: (1) the ' 

adoption of the LEV 11 program is unnecessary because the federal Tier 2 program is equivalent 

to the LEV II program; (2) adopting the ZEV mandate without also adopting the California credit 

system or other measures to balance the Connecticut and California programs could violate either 

the "identicality" provisions or the "third vehicle'-" prohibition set forth in section 177 of the 

federal CAA. All comments submitted are addressed in detail in Section VI of this report. 

VI.- Summary o¬ Comments 

All comments received concerned the proposed adoption of section 36b. General comments are 

set forth first followed by comments on specific provisions of section 36b. 

A. General Comments 

EPA Region l provided the following general comment on section 36b : 

1 . Comment: While recognizing Connecticut's legal right to adopt the proposed regulations 

under section 177 of the federal CAA, EPA commented that there are substantial and significant 

benefits to remaining in the federal motor vehicle control program. 

Response: The Department appreciates EPA's acknowledgement of Connecticut's authority to 

adopt the proposed regulations under section 177 of the federal CAA. The Department 

recognizes that while the federal Tier 2 program offers significant emission reductions, the 

California LEV II standards offer greater reductions . The Department understands that EPA has 

expressed concerns with studies from organizations such as NESCAUM with respect to the 

precise amount of the air quality benefit, but even EPA has stated in their comm. .ents that the 

California LEV II program provides greater environmental benefit relative to the federal Tier 2 

program. Given the mobile source sector's contribution to Connecticut's persistent non14 
attainment of federal health-based ambient air quality standards for ozone, the Department 

should continue to work closely with EPA in partnership to develop and implement all programs 

necessary to meet both the 1-hour and, more stringent, 8-hour ozone standards. To the extent the 

LEV II program is an 8-hour ozone attainment strategy, the Department should work with EPA 

to identify the appropriate State Implementation Plan ("SIP") credit from the implementation of 

this program in Connecticut. 

The American Lung Association of Connecticut provided the following general comment 

on section 36b: 

2. Comment: The American Lung Association of Connecticut ("ALA CT") supports the 

adoption of the low emission vehicle program in Connecticut. The ALA CT believes the 

standards will reduce toxic pollutants and smog thereby providing a healthier environment for the 

citizens of Connecticut. ALA CT stated this is especially important for those residents who are 

particularly susceptible to the harmful effects of air pollution, including children and the elderly. 

Response: The Department notes ALA CT's support of the proposed regulations. 

Connecticut Clean Cars Alliance provided the following general comment on section 36b" 

3. Comment: The Connecticut Clean Cars Alliance ("CCCA"), on behalf of more than.70 

health, environmental and business organizations, expressed support of the proposed regulations. 

CCCA commented that the stronger standards will significantly reduce pollution from cars in the 

state and will lower the incidence of respiratory ailments, heart disease and cancer caused by air 

pollution. 

Response: The Department notes the CCCA's support of the proposed regulations. 

Environment and Human Health, Inc. provided the following general comment on section 

36b: 

4. Comment: Environment and Human Health, Inc. (`THHI") commented that the 

implementation of the proposed regulations is essential given that passenger vehicle emissions 

are major contributors to the increased lung disease and heart attack health risks facing 

Connecticut. EHHI stated there are a large number of studies that directly relate observed health 

effects, such as heart attacks and asthmatic attacks, to episodic increases in pollutants near the 

residence of the afflicted individual. 

Response: The Department notes EI-iHi's support of the proposed regulations. 

15 
Connecticut Fund for the Environment provided the following general comments on 

section 36b : 

5. Comment: Connecticut Fund for the Environment ("CFE") commented that the 

implementation of the proposed regulation is essential given the results of a CFE report that 

demonstrated anticipated reductions in vehicle emissions and the associated health benefits for 

Connecticut residents upon full implementation. of the California standards. The CFE study 

indicated that full implementation of the California emission standards in Connecticut would 

result in a 33% reduction in emissions of four air toxics' and reductions of 21% and 11~% of 

VOCs and oxides of nitrogen ("NOx"), respectively, from subject vehicles . CFE believes these 

reductions will be an important element of the state's strategy to attain the new federal 8-hour 

ozone air quality standard in a manner that is fair and equitable to other emission sources within 

the state. CFE also stated their belief that implementing the California emission standards in 

Connecticut will not restrict consumer choice and will not raise vehicle prices . 

Response: Every commenter recognizes that the LEV TT program offers superior emission 

reduction benefits compared to the federal Tier 2 program. The comments differ, however, as to 

the precise nature of the benefit. The Department also recognizes the California program is more 

dynamic than the federal motor vehicle control program and will likely be revised before the 

federal program, with the potential of providing even greater emission reductions than currently 

anticipated. The Department should work with EPA to identify the appropriate amount of SIP 

credit in accordance with the Department's response to comment 1 in this section. 

6. Comment: CFE also fully supports the adoption of the zero emission vehicle ("ZEV") 

component of the California low emission vehicle program. CFE stated this program is directly 

responsible for the development and deployment of advanced technology vehicles that would not 

otherwise be brought to market. CFE states that the ZEV program requirements can be met 

without the introduction of battery-electric vehicles ("BEVs") and that the alternative compliance 

credit allocation programs implemented in the states of New York and Massachusetts should not 

be needed in Connecticut given the relatively late implementation date in this state. 

Response : The Department should work to ensure the ZEV program is implemented in a way 

that is least disruptive to the state and to manufacturers. As such, the Department should 

explore, in accordance with comments submitted by and on behalf of motor vehicle 

manufacturers, whether the proposed regulations should be modified to include a transition 

program similar to that adopted in New York and Massachusetts (and under consideration in the 

state of Rhode Island) . It should be noted that the state of Vermont is also considering an early 

introduction credit multiplier framework2 consistent with the provisions of the Alternative 

Compliance Plans in the New York and Massachusetts LEV programs. 

1 The four air toxics are 1,3 butadiene; fornialdehyde; acetaldehyde ; and benzene. 

2 See "Response to CorYunents - 2003 Proposed Amendments to Vermont Air Pollution Control Regulations, 

Subchapter X1, Low Emission Vehicle Program," March 12, 2004 at page 2. 

16 
The Alliance of Automobile Manufacturers provided the following general comments on 

section 36b: 

7. Comment: The Alliance of Automobile Manufacturers ("AAM") commented against the 

adoption of the proposed regulation and offered the following general colnments in opposition : 

(A) The federal Tier 2 standards are equivalent to California's LEV II standards. 

AAM attached a graphic representation of a MOBILE modeling run using 

Connecticut-specific vehicle miles traveled ("VMT") estimates. The graphic 

representation of AAM sponsored air emissions modeling seems to demonstrate 

that LEV Il offers marginally better emission reductions than federal Tier 2 by 

approximately 2-4 tons per day (combined NO,, and VOC) in 2020. 

(B) The cost of implementing the ZEV component of the program is very high. The 

costs of this adoption cannot be justified as in California because Connecticut 

does not have the same air quality needs as California, and Connecticut's adoption 

of the ZEV mandate will not advance technology. AAM provided tables 

containing incremental vehicle costs associated with the ZEV mandate and 

associated dollars per ton of emissions reduction. Given the costs associated with 

implementation of the ZEV program in Connecticut, AAM also commented that 

the state should be prepared to incur significant implementation costs, including 

purchase incentives, administrative costs (for additional state employees), and 

costs associated with the infrastructure to support battery electric vehicles . AAM 

believes the total costs to be within a range of $8-18.7 million with 30-70% of the 

cost attributed to ZEV purchase incentives. 

(C) Adoption of ZEV mandate "mid-stream" could be viewed as violating the section 

177 "no third vehicle" requirement of the federal CAA because automobile 

manufacturers have not had the same amount of time to accrue early compliance 

credits as in California. Accordingly, AAM comments that many, if not all 

manufacturers would be required to develop BEVs or other ZEVs, AT PZEVs, 

and/or partial ZEVs ("PZEVs") just for Connecticut in order to comply. 

(D) AAM comments that if the mix of vehicles sold in Connecticut varies 

substantially from that in California, then the manufacturers may be forced to 

restrict availability of certain models in Connecticut which could conflict with 

section 177 of the federal CAA or could force the manufacture of a "third vehicle" 

in order to meet fleet average -non-methane organic gas ("NMOG") standards. 

(E) There is no provision in the proposed regulations for allowing manufacturers the 

ability to generate early fleet average N1V10G credits. Further, AAM states that 

Connecticut should not enforce the fleet average NMOG standard because doing 

so "could distort the market." At a minimum, AAM suggests Connecticut defer 

enforcement of the fleet average NMOG standard -until 2012 and provided 

regulatory language to do so. 

(F) AAM suggests that the ZEV program will be unenforceable because the 

17 
Connecticut Department of Motor Vehicles does not currently allow the 

registration of low-speed BEVs . AAM suggests such action may require 

manufacturers to provide a "third vehicle" in violation of section 177 of the CAA. 

(G) Unique Connecticut warranty reporting requirements would not provide any new 

information to the Department that is not already included in reports prepared for 

the state of California. As such, AAM suggests California reports be allowed in 

lieu of Connecticut specific reports because under the California regulations 

because under a warranty-related recall all California certified vehicles would be 

included, regardless of the state in which they are operated. 

(H) AAM suggests that Connecticut must adopt the California reformulated gasoline 

program in order to gain the full air quality benefits of this program. 

(1) AAM states that because most auto dealers in Connecticut order vehicles that 

meet individual California tailpipe standards under EPA's cross-border sales 

policy, Connecticut achieves the [air quality] benefits of the California program 

without the administrative burden associated with full implementation of the 

California program. 

(J) In conclusion, AAM recommends Connecticut not adopt the California LEV II 

regulations. AAM states that LEV II will provide only marginal air quality 

benefits and likely no additional SIP credits. AAM recommends Connecticut 

continue to meet air quality objectives by leveraging federal programs and 

investing in incentives for advanced technology vehicles . AAM also identified 

eleven `reasonable' steps Connecticut should take to improve its air quality. 

Response: Responding to the AAM comments: 

(A) As stated in response to comment 5, every commenter, including AAM and their 

own modeling testimony, recognize that the LEV II program offers greater 

emission. reductions than the federal Tier 2 program. The commenters disagree 

only as to the amount of the benefit. 

(B) Testimony on the cost to implement the ZEV program in California, while 

informative, cannot be reliably used to predict costs for Connecticut. California's 

costs are of a far greater magnitude than those of Connecticut. California is the 

world's fifth largest economy and the largest single U.S . motor vehicle market, as 

well as being a world leader in the development of emission control standards 

through intensive research by an extensive staff. Considering these factors, one 

would expect California's costs to be significant. The situation in Connecticut is 

different in that the regulations and manufacturer certification processes are 

developed by California and later adopted by other states to maintain 

"identicality" with California's standards. Connecticut will not incur significant 

administrative costs and notes that Massachusetts implements their LEV program 

with no more than 2 FTEs. Connecticut will not incur the infrastructure costs 

identified by AAM, as infrastructure development is not an historical function of 

state govenunent, although the state may choose to encourage and support 

18 
particular efforts in the future . 

(C) The timing of the adoption of the ZEV mandate in Connecticut does not violate 

the "third vehicle" prohibition of section 177 of the CAA and Connecticut has 

fully complied with the lead-time requirements of the CAA. Furthermore, the 

Connecticut ZEV program will not require the development of Connecticutspecific vehicles. It should be noted that the ZEV amendments, developed by 

CARB and based upon significant input from the automobile manufacturers, were 

designed so that the program would not depend on the use of BEVs for 

compliance. In accordance with the Department's response to comments 11, 12 

and 13, the Department intends to offer manufacturers sufficient opportunity to 

earn and bank credits through the early introduction of advanced technology 

vehicles so that the production of BEVs will by unnecessary. However, even if 

the manufacturers choose the compliance path that emphasizes BEVs, their 

production would not result in. an unlawful "third vehicle" as that option is 

similarly available in California. 

(D) AAM's concern that if [emphasis added] the mix of vehicles sold in Connecticut 

varies substantially from that in California, then the manufacturers may be forced 

to restrict availability of certain models in Connecticut which could conflict with 

section 177 of the federal CAA or could force the manufacture of a "third vehicle" 

in order to meet fleet average NMOG standards is without merit and underscores 

the necessity of the fleet NMOG average. AAM offered no additional data to 

support this hypothetical situation. While fleet mix may vary slightly from state 

to state and year to year, the fleet NMOG average is met in California, New York, 

Massachusetts, Vermont and Maine. This means the program works as expected 

in that even though the fleet mix may vary slightly by state, overall emissions are 

reduced due to the fleet average NMOG standard without the development of the 

so-called "third vehicle." Again the "third vehicle" argument is without merit as 

Connecticut is proposing to adopt the identical California standards, as required 

by the CAA, and including California's compliance provisions concerning the 

outcome should the fleet average NMOG standard be exceeded. Furthermore, the 

Department believes the "indirect sales limit' 'issue was decided in litigation 

brought by automobile manufacturers against the State of New York and 

Commonwealth of Massachusetts in Motor Vehicle Manufacturers Assoc v State 

ofNew York DEC et al, 17 F3d. 521 (2"d Cir. 1994). 

(E) Consistent with the manner in which other states, such as the Commonwealth of 

Massachusetts, transitioned to the fleet NMOG standard, the Department should 

defer the fleet NMOG standard until model year 2011 . The Department should, 

nonetheless, track fleet NMOG values by requiring manufacturers to report fleet 

NMOG values for 2008 and later model years. In addition, the Department should 

provide manufacturers with the opportunity to earn early fleet average NMOG 

credits based on voluntary early compliance. The Department should propose to 

adopt the following language in subsection (h)(1) : 

19 
(1) If, commencing with the 2011 model year and for each 

subsequent model year thereafter, the report issued by a 

manufacturer pursuant to subsection (g) of this section 

demonstrates noncompliance with the fleet average emission 

standards incorporated by reference into this section and set 

forth in Table 36b-1 of this section, during a model-year, the 

manufacturer must within sixty (60) days file a Fleet Average 

Enforcement Report with the commissioner documenting such 

noncompliance. The Fleet Average Enforcement Reports must 

identify all vehicle models delivered for sale into the State of 

Connecticut and their corresponding certification standards and 

the percentage of each model delivered for sale into the State of 

Connecticut and California in relation to total fleet sales in the 

respective state. 

(F) The AAM's suggestion that the Connecticut ZEV program will be unenforceable 

because the Connecticut Department of Motor Vehicles does not currently allow 

the registration of low-speed BEVs is also without merit. The commenter is 

confusing the issue of whether a neighborhood BEV is a "motor vehicle" within 

the purview of section 177 of the CAA with the issue of whether a neighborhood 

BEV can be credited towards meeting the ZEV mandate. Connecticut allows the 

registration of electric motor vehicles . A neighborhood BEV, while not being a 

"motor vehicle" znay, nonetheless, be offered for sale in Connecticut and credited 

towards compliance with the ZEV program requirements in certain settings, such 

as large college or industrial campuses. Simply stated, there is no prohibition in 

Connecticut against the sale of neighborhood BEVs, thus Connecticut is not 

violating the "third vehicle" prohibition of CAA section 177. In addition, 

California has redesigned the ZEV program so that compliance can be achieved 

without the sale of neighborhood (low-speed) BEVs. 

(G) Provided that all the requested information is submitted to the Department, there 

is nothing in the reporting requirements of section 36b that would preclude a 

manufacturer from using the same report format as used for CARB. As such, the 

Department should make no changes to these provisions. 

Contrary to AAM's assertion, Connecticut need not adopt the California fuels 

program in conjunction with the LEV II program. Neither California nor federal 

vehicles are certified using gasoline. In addition, the federal low sulfur gasoline 

regulations will be in place by the time LEV 11 vehicles are being sold into 

Connecticut with the 2008 model year. The sulfur limits in federal gasoline at 

that time will be functionally equivalent to the levels now in California gasoline . 

(I) The Department is required to pursue the adoption of the LEV II program under 

Public Act 04-84. AAM's assertion that Connecticut should not adopt the LEV II 

program because the state receives the air quality benefit associated with EPA's 

cross-border sales policy does not address the legislative mandate to pursue the 

20 
(J) 

adoption of this program. Furthermore, while LEV II vehicles may be sold into 

Connecticut, there is no mechanism for Connecticut to obtain SIP credit towards 

meeting applicable air quality goals until the program is adopted. AAM's 

statement also raises an interesting corollary issue: if numerous LEV vehicles are 

now being sold into Connecticut, would not formalizing the requirements 

regionally put Connecticut's automobile dealers on similar footing with their 

counterparts in New York and Massachusetts? 

The Department cannot accept AAM's recommendation to not adopt the LEV II 

program as it conflicts with the legislative direction the General Assembly 

provided to the Department in Public Act 04-84. 

The Ford Motor Company fford") provided the following general comments on section 

36b: 

8. Comment: Connecticut should not adopt the ZEV program without providing for the 

accumulation and use of credits to offset some of the requirements. If Connecticut does not 

account for the use of early compliance credits in its ZEV program, manufacturers may need to 

develop BEVs to comply with the Connecticut program in violation of the "no third vehicle" 

prohibition set forth in section 177 of the CAA. Ford suggests a solution would be for 

Connecticut to create and allocate credits to manufacturers at a level equivalent to the number of 

credits earned by each manufacturer in California 

Response: The Department should pursue a dual track whereby manufacturers would be 

provided either the opportunity to earn Connecticut ZEV credits through voluntary early 

compliance or be allocated a number of credits proportionally equivalent (based on comparative 

sales) to the number of credits held by each manufacturer in California as of January l, 2008. As 

stated in response to comment 6, the Department should include alternative compliance 

mechanisms similar to that adopted in New York and Massachusetts and under consideration in 

Rhode Island. See the response to comment 11, below. 

9. Comment: Ford comments that if Connecticut does not provide a framework for NMOG 

fleet average credits then manufacturers may be forced to produce a "third vehicle" or otherwise 

limit the sale of vehicles . 

Response: As stated in response to comment 7(E); the Department is proposing to transition to 

the full implementation of the NMOG standard in a manner consistent with that employed by 

other Northeastern states . As such, a manufacturer shall be required to submit NMOG 

compliance reports for model year 2008 . The commissioner will not require the submission of 

Fleet Average Enforcement Reports until the 2011 model year. 

10. Comment: Ford comments that Connecticut should adopt the California fuels program. 

21 
Response: As stated in response to comment 7(H), Connecticut need not and should not adopt 

the California fuels program in conjunction with the LEV II program. 

American Honda Motor Company ("Honda") provided the following general comments on 

section 3Gb : 

11 . Comment: Honda recommends Connecticut provide an alternative compliance plan 

("ACP") option to facilitate the implementation of the ZEV mandate. Honda notes that the states 

of New York and Massachusetts have adopted similar ACP provisions whereby manufacturers 

submit voluntary ACPs that would provide multiplier credits for the early introduction of ZEVs, 

advanced technology partial zero emission vehicles ("AT-PZEVs") and partial zero emission 

vehicles ("PZEVs'~. Under the Honda ACP proposal, manufacturers, who elect to follow an 

alternative compliance path, would be subject to mandatory compliance one year sooner. Honda 

submitted the following ACP framework: 

Model Requirement PZEV Credit AT PZEV Credit ZEV Credit 

Year Multiplier Multiplier Multiplier 

2004 Voluntary Early 1 .5 2 .25 3 

Introduction ! 

2005 Voluntary Early 1 .5 2.25 3 

Introduction 

2006 Voluntary Early 1 .3 1 .7 2 

Introduction 

2007 Mandatory Compliance 1 .15 1 .3 1 .5 

2008 Mandatory Compliance 1 .15 1 .3 1 .5 

2009 Equivalency with 1 1 1 

California Program 

Response: The Connecticut General Assembly by enacting Public Act 04-231, An Act 

Concerning Clean and Alternative Fueled Vehicles, has indicated a clear preference to bring 

advanced technology vehicles into Connecticut as soon as possible . Given this clear statement of 

legislative intent and as a means to successfully manage the transition to the full LEV II program, 

including the ZEV mandate, the Department should amend subsection (c)(2) and adopt a new 

subsection (m) to provide alternative compliance mechanisms consistent with those suggested by 

AAM, Honda and Ford. The Department should provide early creditin order to ramp-up for 

compliance with the ZEV program and to put auto manufacturers on an equal footing comparable 

to where such manufacturers would be with respect to California when the LEV 11 program 

commences in Connecticut. 

The proposed change offers two distinct paths. A manufacturer may select only one path and 

must do so by March 1, 2005. The first path, set forth in subsection (m)(2) below, will provide 

22 
additional Connecticut ZEV credit based on the early introduction of specified vehicles into 

Connecticut. Each specific vehicle, after being credited with all California-approved credit, 

would be awarded additional credit as set forth in the Connecticut Multiplier. In no event would 

a manufacturer on the first path receive less credit than a manufacturer on the second path. The 

second path, set forth in subsection (m)(3) below, will provide each manufacturer who opts for 

this path, a one-time allocation of Connecticut ZEV credits proportionally equivalent to the 

number of ZEV credits possessed by such manufacturer in California on January 1, 2008 . 

The Department's amended approach and multiplier values are similar to that adopted by the 

State of New York, but distinct in that the Department's approach would not require the case-bycase negotiation and implementation of manufacturer specific compliance plans. The 

Department should, however, review and amend this proposed approach in the event that it 

unnecessarily prolongs the full implementation of the ZEV program in Connecticut. The newly 

proposed language is underlined, as follows: 

(c)(2) ZEV mandate. 

(A) Beginning with the 2008 model year, each manufacturer's sales fleet of passenger 

cars and light duty trucks produced and delivered for sale in the State of 

Connecticut shall contain at least the same percentage of ZEVs subject to the 

same requirements, including early credit and banking provisions, set forth in the 

California Code of Regulations, Title 13, section 1962 using Connecticut specific 

vehicle numbers. 

(B) Alternative compliance mechanisms As an alternative means of cornpliance with 

the requirements of subpara"a h (A) of this subdivision an automobile 

manufacturer may instead opt to comply with the provisions of subsection (m) of 

this section. If a manufacturer opts to utilize the alternative compliance 

mechanisms set forth in subsection (m) of this section, such manufacturer turer shall 

-notify the commissioner in writing b March 1 2045. ~ ' 

(m) Alternative compliance mechanisms. 

(1) A manufacturer may as an alternative means of compliance with the reguirements_of 

subsection (c)(2) of this section proceed in accordance with the provisions of subdivision 2) or (3) of this subsection. A manufacturer who elects to follow an alternative co m . liance nath set 

forth m either subdivision L2) or 3 of this subsection shall notif the commissioner of the 

elected compliance path by March 1 2045 

(2 A manufacturer may earn Connecticut ZEV credits for the introduction into Connecticut of PZEVs, AT PZEVs and ZEVs beginning with 2004 model year provided that : 

(A) The vehicle credit values for this alternative complianee path shall be the same as 

23 
in the California Code of Regulations, Title 13, section 1962. 

~B) After the credit value for a vehicle is established by CARB pursuant to California 

Code of Regulations, Title 13, section 1962, a Connecticut multiplier will be 

applied to such credit value for that vehicle in accordance with Table 36b-2. The 

Connecticut multiplier shall not be applied to type III ZEVs placed in service 

pursuant to the California Alternative Requirements for Large Volume 

Manufacturers as identified in the California Code of Regulations, Title 13 

section 1962(b)(2)(B). 

Table 36b-2 

Connecticut Multiplier 

Model Requirement PZEV Credit AT PZEV Credit ZEV Credit 

Year mujggjja Multiplier Multiplier 

2004 Voluntary Early 

Introduction 

_ 

1 .5 2.25 _3 

2005 Voluntary Early 

Introduction 

1 .5 2.25 3 

2006 VoluntarEarl y 

Introduction 

_1 .3 _1 .7 _2 

2007 Voluntary Early 

Introduction 

1 .15 1~3 1 .5 

2008 Mandatory Com liance 1 .15 _1 .3 _1 .5 

2009 Equivalency with 

California Pro~ram 

1 1 1 

(C) Connecticut ZEV credit use, life, banking and trading will be calculated as per 

California Code of Regulations, Title 13, section 1962. 

(D) Each manufacturer operating under this alternative compliance path shall submit a 

compliance report to the commissioner along with annual sales reports no later 

than March 315t following the completed model year. The compliance report shall 

include vehicle sales organized by engine family and identify the number of 

Connecticut ZEV credits earned . Such report pay be arnended based on late 

sales. 

~E) Each manufacturer operating under this alternative compliance path shall make 

available for purchase or lease in Connecticut any.advan.ced technology vehicle 

models, including all ZEVs except type III ZEVs placed in service -pursuant to 

California Code of Regulations, Title 13, section 1962(b)(2)(B) sold or leased in 

California. 

(F) The commissioner shall calculate the amount of credits earned based on the report 

24 
received pursuant to sub ara ra h of this subdivision. The commissioner 

shall establish a compliance account for each manufacturer and allocate the credits 

earned to such com liance account. In the event that the number o£ credits earned 

under this subdivision. is less than the number of credits that would have been 

awarded to a manufacturer under subdivision (3) of this subsection, the 

commissioner shall calculate the difference asid apply a number of credits equal to 

such difference to such manufacturer's compliance account. 

(3) The commissioner shall set aside a number of Connecticut ZEV credits proportionally 

equivalent to the number of ZEV credits possessed by the requesting manufacturer for use in the 

State of California on Janu 1 2008. The commissioner shall notify such manufacturer of the 

number of ZEV credits available for use by May 31 2008 and annually thereafter until such 

credits are full_ consumed. Credits issued pursuant to this subdivision may only be used in 

Connecticut for compliance with the ZEV provisions of subsection (c)(2) of this section subject 

to the same requirements and limitations on credit use set forth in the California Code of 

Regulations, Title 13 section 1962 adjusted for Connecticut specific vehicle numbers 

Furthermore, each manufacturer o erating under this alternative cornpliance path shall: 

_B 

sold in Connecticut and California for a three-year period prior to January 1, 2008: 

March 1, 2008, provide the commissioner with the total number of vehicles 

B March 1 2008 provide the commissioner with the total number of banked 

California ZEV credits as of January 1 2008 ; 

(C) Until. such time as full compliance is achieved with the requirements of subsection 

of this section, make available for purchase or lease in Connecticut an 

advanced technology vehicle models including all ZEVs except type III ZEVs, 

placed in service pursuant to California Code of Regulations Title 13 section 

1962 b 2 that are sold. leased or offered for sale in California. 

(4) Any manufacturer who fails to meet the requirements of its respective alternative 

eom lhance path shall be subject to full, compliance with the ZEV mandate provisions set forth in 

subsection (c)(2) of this section. 

12. Comment: Honda encourages all Northeast states to adopt consistent ACPs. 

Response: The Department understands that New York and Massachusetts have adopted ACPs 

and that Vermont and Rhode Island are also considering the adoption of an ACP or an equivalent 

program. The Department should continue to work with neighboring states, to the extent 

practical, in order to provide a consistent framework to the large volume manufacturers subject to the ZEV provisions . 

25 
13. Comment: If Connecticut adopts an ACP in accordance with the previous comments, 

Honda suggests the ACP be modified to account for those manufacturers who intend to~cornply 

with the Fuel Cell Alternative component of the California ZEV program. See 13 CCR § 

1962(b)(2)(D). 

Response: The proposed changes outlined in response to comment 11, above, would cover those 

manufacturers who intend to comply with the Fuel Cell Alternative component of the California 

ZEV program. 

B. Speciflc Comments 

EPA Region 1 provided the following specific comments on section 3Gh: 

1 . Comment: EPA believes NESCAUM overstated the emission reduction benefits associated 

with the adoption of the California program. As such, EPA recommends the Department take 

steps to ensure the LEV SIP revision accounts for such benefits consistent with EPA's MOBILE6 

model and associated guidance related to California LEV programs. 

Response : As stated in response to comments VI.A.1 . and VI.A.5 ., regardless of the precise 

value of the LEV II benefit, every commenter recognizes that the LEV II program offers superior 

emission reduction benefits compared to the federal tier 2 program. The Department should 

work with EPA to identify the appropriate amount of SIP credit for the LEV 11 program. 

2. Comment: Noting the proposed regulation is intended to go into effect with the 2008 model 

year, EPA recommends the model year reference in subsections (a)(6), (a)(14) and (a)(16) be 

changed from model year 2007 to model year 2008. 

Response: The Department should make the changes suggested by EPA and replace "2007" 

with "2008" in subsections (a)(6), (a)(14)'and (a)(16). 

3. Comment: EPA recommends the reporting requirements set forth in subsections (f) and (g) 

be clarified with respect to the year in which reporting is to commence. 

Response: Reporting timeframes are established in terms of "model year." The proposed 

regulation uses the same definition of the term "model year" as does EPA in the Code of Federal 

Regulations. Some reporting requirements begin with the 2008 or 2009 model year. The 

reporting dates should be consistent throughout the regulation. As such, the Department should 

revise the proposed regulation to require ail reporting requirements to begin commencing with 

the 2009 model year for activity occurring within the 2008 model year. 

Connecticut Fund for the Environment provided the following specific comments on 

26 
section 36b : 

4. Comment: In subsection (b), CFE suggests deleting the reference to subsection (c) as it 

creates confusion and ambiguity. 

Response: The Department should make the requested revision . 

5. Comment: CFE recommends clarifying the dealer-to-dealer exemption set forth in 

subsection (d)(4) . CFE believe this exemption could be construed as permanently exempting any 

vehicle that is transferred into Connecticut through a dealer-to-dealer transaction (trade). 

Response: The Department should not make the requested revision, as the primary means of 

enforcement on a vehicle-by-vehicle basis will be the state's motor vehicle registry . The 

Department of Motor Vehicles will not register vehicles that do not possess a valid California 

emissions control label. 

6. Comment: CFE recommends adoption, by reference, of section 2121 of Title 13 of the 

California Code of Regulations. This section assesses specific penalties on manufacturers upon 

their failure to notify a vehicle owner or operator under an influenced recall . CFE believes that 

penalties are essential to ensure the manufacturers comply with the requirements and procedures 

for in-use vehicle voluntary and influenced recalls. 

Response: While the Department appreciates CFE's approach to enhance the enforceability of 

the LEV 11 program in Connecticut, the Department should not make the requested revision . The 

Department maintains adequate legal authority under the Connecticut statutory and regulatory 

framework to establish and impose penalties on any non-compliant source . 

7. Comment: CFE recommends adoption, by reference, of section 2134 of Title 13 of the 

California Code of Regulations. This section provides specific penalties for a manufacturer's 

failure to carry out all recall actions ordered by the commissioner pursuant to an in-use vehicle 

ordered recall . 

Response : While the Department appreciates CFE's approach to enhance the enforceability of 

the LEV II program in Connecticut, the Department should not make the requested revision. As 

stated in response to comment VI.B.G ., the Department maintains adequate legal authority under 

the Connecticut statutory and regulatory framework to establish and impose penalties on any 

non-compliant source . 

S. Comment: CFE recommends the following language be adopted and the remaining sections 

re-numbered accordingly: 

(l) Documentation and inspections. 

27 
(r) A manufacturer, a dealer or a transporter of new vehicles shall, upon 

request, provide to the commissioner any documentation that the 

commissioner determines to be necessary for the effective enforcement of 

this section. 

(2) The commissioner may inspect any new and used vehicles to determine 

compliance with this section. 

(3) Inspections may be conducted on any conveyance used to transport new 

vehicles or on any premises owned, operated, used, leased, or rented by a 

manufacturer or dealer. 

(4) During an inspection, any dealer or manufacturer shall make available to 

the commissioner any related records, including records documenting 

vehicle sales and records of emission related part repairs performed 

under warrano;. 

Response: The Department should not make the suggested change, as it is not necessary given 

the substantial compliance assurance framework being developed for the LEV 11 program in 

Connecticut. Both the State of Connecticut Department of Motor Vehicles ("DMV") and 

Department of Consumer Protection (`DCP'D are authorized to inspect motor vehicle 

dealerships. The Department understands that the DMV may also utilize the registration system 

to enforce the California LEV lI standards. In addition, the Department is authorized to inspect 

these sources to verify any data submitted by vehicle manufacturers. 

Alliance of Automobile Manufacturers (AAM) provided the following specific comments on 

section 36b: 

9. Comment: Section 22a-174-36b(o includes an incorporation by reference of the California 

regulations. Subsection (e) includes a provision that would substitute the term "Connecticut" for 

"California" in the incorporated texts, unless clearly inappropriate. AAM believes this language 

is subject to multiple interpretations and should explicitly state the applicable requirements rather 

than rely on incorporation by reference. 

Response: As a technical revision, subdivisions (a) through (c) of subsection (l) are numbered 

incorrectly and should be re-numbered as subdivisions (1) through (3). With respect to AAM's 

comments on incorporation by reference, see the response to comment 10, below. 

Ford Motor Company (Ford) provided the following specific comments on section 36tf : 

10. Comment: Section 22a-174-36b(l) includes an incorporation by reference of the California 

regulations. Subsection (c) includes a provision that would substitute the term "Connecticut" for 

28 
"California" in the incorporated texts, unless clearly inappropriate. Ford believes this language is 

subject to multiple interpretations and should explicitly state the applicable requirements rather 

than rely on blanket incorporation by reference. 

Response: The Department should not revise the proposal in response to this comment. 

Pursuant to section 177 of the CAA, automobile manufacturers are now implementing the 

California LEV program in four other states . Most of these states rely on regulatory 

incorporation by reference of the California standards in order to avoid legal challenges based on 

an alleged violation of the "identicality" requirement (i .e ., the requirement to adopt only 

California's standards). As such, the Department sought and was granted legislative authority to 

incorporate California's standards by reference. The Department adopted an approach similar to 

that employed by the state of Vermont as follows : 

(3) For purposes of applying the incorporated sections of the California Code of 

Regulations, unless clearly inappropriate, "California"shall mean "Connecticut. " 

For example, "delivered for sale in California" and "placed in service" are interpreted, except for 

the determination of whether a manufacturer is a large, medium, small or independent low 

volume manufacturer, as referring to vehicles in Connecticut. It is clearly inappropriate to insert 

"Connecticut" in lieu of "California" in the context of program elements that Connecticut has not 

adopted. 

11. Comment: Subsections (f)(4), (f)(5) and (g)(1) of section 36b all contain. end of year 

reporting requirements. Ford requests Connecticut accept the same report format that Ford sends 

to California completed with data specific to Connecticut. With respect to warranty reporting, 

Ford believes that unique Connecticut reporting will not provide any new information. As such, 

Ford requests Connecticut accept California Emissions-Related Components Failure reports in 

satisfaction of Connecticut warranty reporting requirements. 

Response: Provided that a11 the requested information is submitted to the Department, there is 

nothing in subsections (f)(4), (f)(5) or (g)(1) that would preclude a manufacturer from using the 

same report format as used for CARB. As such, the Department should make no changes to 

these provisions . 

12. Comment: Subsection (f)(2) of section 36b recognizes the use of direct ozone reduction 

technologies . Ford supports this flexibility and requests Connecticut broaden the treatment of 

these technologies, as is the case in California. 

Response: As this commenter does not specify the type of flexibility sought for direct ozone 

reduction technology, the Department should maintain the provisions in the proposed regulation 

that would grant NM4G credits for vehicles incorporating such approved technology delivered 

for sale in Connecticut. 

29 
VII. Additional Comments of the Hearing Officer 

The Department should make the following technical/graminatical corrections to the proposed 

regulations : 

A. Section 36b 

1 . The addition of two new tables used to incorporate the Northeast State's phase-in 

multiplier for use in alternative compliance plans associated with the ZEV mandate, 

requires the subsequent re-numbering of Table 36b-1 to Table 36b-3 throughout section 

36b . 

2. A number of terms in subsection. (a) are not used in the text of the regulation and should 

be deleted. These terms are: SULEV, TLEV and ULEV. The remaining definitions 

should be re-numbered accordingly. 

3 . Several new terms are added as a result of the proposed inclusion of an ACP provision. 

As a result, these terms, including ACP and AT PZEV should be listed and defined in 

section 36b(a) . The remaining definitions should be renumbered accordingly. 

4. The term "model-year" should be replaced with the term "model year' 'for consistency 

with the definition in section 36b(a) . 

5 Subsection (a) should be clarified to state any term related to the LEV II program that is 

not defined in section 36b is as defined in the California Code of Regulations, as follows: 

Provided that any term related to the administration of the Low Emission Vehicles II 

program not defined in this subsection shall he as defined or described in Title 13 of the 

California Code ofRegulations, for the purposes of this section: . . . 

6. To correct a typographical error, the term "Executive Officer" in section 36b(a) should be 

changed to "Executive Order." 

7. In subsection (e) the phrase "passenger cars and light-duty trucks that are. . ." should be 

changed for agreement with the remainder of the subsection to "passenger car and lightduty truck that is . . ." 

8. In subsection (h) concerning Fleet average enforcement, the second subdivision should be 

deleted and the subsection renumbered accordingly. It is not necessary to include specific 

or general statutory provisions within this subsection as the entire regulation is subject to 

all applicable statutory enforcement provisions . 

30 
9. In accordance with Executive Order No. 30, subsection (i)(1), should be amended to 

require the electronic reporting of inforn1ation when such information is available 

electronically by adding a final sentence as follows, "To the extent such reports are 

available electronically, the manufacturer shall submit such records in an electronic 

format acceptable to the commissioner." 

10. To conform with regulation drafting criteria, the "will" in subsection (i)(1) should be 

changed to a "shall ." 

11 . In subsection (i)(3), the phrase "2007 model year" should be changed to "2008 model 

year" to meet the model year requirements of Public Act 04-84. 

B. Section 36(i) 

No additional comments. 

VIII. Final Text of Proposed Regulations 

Section 1. 

The Regulations of Connecticut State Agencies are amended by adding new section 22a174-36b as follows : 

(NEW) 

Section 22a-174-36b . California Low Emission Vehicles II . 

(a) Definitions and abbreviations . Provided that any term related to 

the administration of the Low Emission Vehicles II program not defined 

in this subsection shall be as defined or described in Title 13 of the 

California Code of Regulations, for the purposes of this section : 

(1) "Air contaminant emission control system" means the equipment 

designed for installation on a motor vehicle or motor vehicle engine 

for the purpose of reducing the air contaminants emitted from the 

motor vehicle or motor vehicle engine, or system or engine 

modification on a motor vehicle or motor vehicle engine which causes a 

reduction of air contaminants emitted from the motor vehicle ox motor 

vehicle engine, including but not limited to exhaust control systems, 

fuel evaporation control systems, and crankcase ventilating systems . 

(2) "AT PZEV" means advanced technology partial zero emission 

vehicle . 

(3) "CARB" means the California Air Resources Board . 

31 
(4) "Certified" means the finding by CARB that a motor vehicle, motor 

vehicle engine, or motor vehicle engine family, or air contaminant 

emission control system has satisfied the criteria adopted by CARB for 

the control of specified air contaminants from motor vehicles . 

(5) "Dual-fuel" means a motor vehicle that is engineered and designed 

to be capable of operating on a petroleum fuel and on another fuel 

that is stored separately on-board the vehicle . 

(6) "Emergency vehicle" means any publicly owned vehicle operated by 

a peace officer in performance of his or her duties, any authorized 

vehicle used for fighting fires or responding to emergency fire calls, 

any publicly owned authorized vehicle used by emergency medical 

technicians or paramedics, or used for towing or servicing other 

vehicles, or repairing damaged lighting or electrical equipment, or an 

ambulance . 

(7) "Emission control label" means the permanent stickers required by 

CARB and affixed to all 2008 and subsequent model year passenger cars 

and light duty trucks, certified for sale in California . 

(8) "Emissions-related part" means any automotive part that affects 

any regulated emissions from a motor vehicle or motor vehicle engine 

that is subject to California or federal emissions standards, as set 

forth in California Code of Regulations, Title 13, section 1.900(b)(3) . 

(9) "EPA" means the United States Environmental Protection Agency . 

(10) "Executive Order" means an Executive Order of CARB . 

(11) "Fleet average emissions" means a motor vehicle manufacturer's 

average vehicle emissions of all non-methane organic .gases from all 

vehicles that are subject to this section, sold in the State of 

Connecticut in any model year . 

(12) "Fuel-flexible" means a methanol-fueled motor vehicle that is 

engineered and designed for operation using any gasoline-methanol fuel 

mixture or blend . 

(13) "Heavy-duty vehicle" means any motor vehicle having a 

manufacturer's gross vehicle weight rating greater than 6,000 pounds, 

except passenger cars . 

(14) "Hybrid electric vehicle" or "HEV" means a motor vehicle which 

allows power to be delivered to the driver wheels solely by a battery 

powered electric motor but which also incorporates the use of a 

combustion engine to provide power to the battery, or any vehicle 

which allows power to be delivered to the drive wheels by either a 

combustion engine and/or by battery powered electric motor . 

(15) "Light duty truck" or "LDTII means any 2008 and subsequent modelyear motor vehicle certified to the standards in California Code of 

32 
Regulations, Title 13, section 196].(a)(1) having a gross vehicle 

weight rating of 8500 pounds or less, and any other motor vehicle 

rated at 6000 pounds ox less, that is designed primarily for the 

purposes of transportation of property or is a derivative of such a 

vehicle, or is available with special features enabling off-street or 

off-highway operation and use . 

(16) "Loaded vehicle weight" or "LVW" means vehicle curb weight plus 

300 pounds . 

(17) "Medium-duty vehicle" means any 2008 and subsequent model 

year heavy-duty, low-emissions, ultra-low-emission, super-ultralow emission or zero-emission vehicle certified to the standards 

in California Code of Regulations, Title 13 section 1961(a)(1) or 

1962 having a manufacturer's gross vehicle weight rating between 

8,501 and 14,000 pounds . 

(18) "Military tactical vehicles and equipment" means those 

vehicles defined by California Code of Regulations, Title 13, 

section 1905 . 

(19) "Model year" means "model year" as defined in 40 CFR 85 .2302 and 

determined in accordance with the provisions of 40 CFR 85 .2301 through 

40 CFR 85 .2304, inclusive . 

(20) "New vehicle" means any passenger car or light duty truck with 

7,500 miles or fewer on its odometer . 

(21) °NMOG" means non-methane organic gas ; 

(22) "Passenger car" or "PC" means any motor vehicle designed 

primarily for transportation of persons having a design capacity 

of twelve persons or less . 

(23) "Offset vehicle" means a vehicle that has been certified by 

the State of California as set forth in the California Code of 

Regulations, Title 13, section 1960 .5 . 

(24) "PZEV" means partial ZFV as defined in California Code of 

Regulations, Title 13, section 1962 . 

(25) "Small volume manufacturer" means, except as otherwise 

provided in California Code of Regulations, Title 13, sections 

1960 .1(g)(2), 1960 .1(h)(2) and 1960 .y(n), any 2001 and subsequent 

model-year manufacturer with California sales less than 4,500 new 

passenger cars, light-duty trucks, medium-duty vehicles, heavyduty vehicles and heavy-duty engines based on the average number 

of vehicles sold for the three previous consecutive model-years 

for which a manufacturer seeks certification ; however, for 

manufacturers certifying for the first time in California, model 

year sales shall be based on projected California sales . 

33 
(26) "Vehicle" means any motor vehicle . 

(27) "ZEV" means a zero emission vehicle . 

(b) Applicability . This section shall apply to all 2008 and 

subsequent model. year passenger cars and light duty trucks sold, 

leased, offered for sale or lease, imported, delivered, purchased, 

rented, acquired or received, in the State of Connecticut except that 

this section shall not apply to those vehicles listed in subsection 

(d) of this section . 

(c) Prohibitions and compliance requirements . 

(1) Unless subject to an exemption listed in subsection (d) of this 

section, no person shall sell or register, offer for sale or lease, 

import, deliver, purchase, rent, lease, acquire or receive a new 2008 

or subsequent model year vehicle in the State of Connecticut unless 

such vehicle is certified to California emission standards and meets : 

(A) The exhaust emission standards set forth in the California 

Code of Regulations, Title 13, sections 1956 .8(g) or (h), 

1960 .1, 1961(a) or 1962(a) ; 

(B) The emission control label or smog index label requirements 

set forth in the California Code of Regulations, Title 13, 

section 1965 ; 

(C) The evaporative emission standards set forth in the 

California Code of Regulations, Title 13, section 1976 ; 

(D) The refueling emissions standards set forth in the 

California'Code of Regulations, Title 13, section 1978 ; 

(E) The malfunction and diagnostic system requirements set forth 

in the California Code of Regulations, Title 13, 1968 .1 ; 

(F) The assembly-line testing procedure requirements set forth 

in the California Code of Regulations, Title 13, section 

2062 ; and 

(G) The specifications for fill pipes and openings of motor 

vehicle fuel tanks set forth in the California Code of 

Regulations, Title 13, section 2235 . 

(2) ZEV mandate. 

(A) Beginning with the 2008 model year, each manufacturer's 

sales fleet of passenger cars and light duty trucks produced 

and delivered for sale in the State of Connecticut shall 

contain at least the same percentage of ZEVs subject to the 

34 
same requirements, including early credit and banking 

provisions, set forth in the California Code of Regulations, 

Title 13, section 1962 using Connecticut specific vehicle 

numbers . 

(B) Alternative compliance mechanisms . As an alternative means 

of compliance with the requirements o£ subparagraph (A) of 

this subdivision, an automobile manufacturer may instead opt 

to comply with the provisions of subsection (m) of this 

section. If a manufacturer opts to utilize the alternative 

compliance mechanisms set forth in subsection (m) of this 

section, such manufacturer shall notify the commissioner in 

writing by March 1, 2005 . 

(3) A11 vehicle manufacturers shall comply with the fleet average, 

warranty, recall and other applicable requirements set forth in 

subsections (e), (f), (g), (h), (i), (j ) , and (k) of this section . 

(d) Exemptions . The following vehicles shall not be subject to this 

section : 

(1) A vehicle transferred by inheritance ; 

(2) A vehicle transferred by decree of divorce, dissolution or legal 

separation entered by a court of competent jurisdiction ; 

(3) A vehicle purchased by a nonresident prior to establishing 

residency in the State of Connecticut ; 

(4) A vehicle sold for the purpose of being wrecked or dismantled ; 

(5) A vehicle sold directly from one dealer to another dealer ; 

(6) A vehicle sold for registration out of state ; 

(7) A vehicle sold designed exclusively for off-highway use ; 

(8) A vehicle that has been certified to standards promulgated 

pursuant to the authority contained in 42 U .S .C . 7521 and which is in 

the possession of a rental agency in Connecticut and is next rented 

with a final destination outside of Connecticut ; 

(9) An emergency vehicle ; 

(10) A military tactical vehicle ; . 

(11) A vehicle exempted by California Health and Safety Code, section 

43656 ; or 

(12) A vehicle acquired by a resident of this state for the purpose of replacing a vehicle registered to such resident that was damaged or 

35 
became inoperative beyond reasonable repair or was stolen while out of 

this state, provided that such replacement vehicle is acquired out of 

state at the time the previously owned vehicle was either damaged or 

became inoperative or was stolen . 

(e) Fmisssion. standards, warranty, recall and miscellaneous provisions . 

Each manufacturer and each new 2008 and subsequent model year 

passenger car and light-duty truck that is subject to this section 

shall comply with each applicable standard set forth in Table 36b-1 . 

and incorporated by reference herein : 

Table 36b-Z 

California Code of Regulations (CCR) 

Title 13 

Provisions Incorporated by Reference 

Title 13 CCR Title' Section 

Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1. General Provisions 

Section 1900 Definitions 12/19/03 

Article 2 Approval of Motor Vehicle Pollution Control Devices (New 

Vehicles) 

Section 1956 .8(g) Exhaust Emission Standards and 12/14/03 

and (h) Test Procedures - 1985 and 

Subsequent Model Heavy Duty 

Engines and Vehicles 

Section 1960 .1 Exhaust Emission Standards and 10/16/02 

Test Procedures - 1981 and 

through 2006 Model Passenger 

Cars, Light-Duty and Medium-Duty 

Vehicles 

Section 1961 Exhaust Emission Standards and 12/04/03 

Test Procedures - 2004 and 

Subsequent Model Passenger Cars, 

Light-Duty Trucks and Medium-Duty 

Vehicles 

Section 1962 Zero Emission vehicle standards 12/19/03 

for 2005 and Subsequent Model 

Passenger Cars, Light-Duty Trucks 

and Medium-Duty Vehicles 

Section 1965 Emission Control and Smog Index 12/04/03 

Labels -- 1979 and Subsequent , 

Model Year Vehicles 

- 

36 
Section 1968 .1 Malfunction and Diagnostic System l1/27/99 

Requirements - 1994 and 

Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1968 .2 Malfunction and Diagnostic System 04/21/03 

Requirements - 2004 and 

Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1968 .5 Enforcement of Malfunction and 04/21/03 

Diagnostic System Requirements 

for 2004 and Subsequent Model 

Year Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles 

and Engines 

Section 1976 Standards and Test Procedures for 11/27/99 

Motor Vehicle Fuel Evaporative 

Emissions 

Section 1978 Standards and Test Procedures for 11/27/99 

Vehicle Refueling Emissions 

Article 6 Emission Control System Warranty 

Section 2035 Purpose, Applicability and 12/26/90 

Definitions 

Section 2036 Defects Warranty Requirements for 5/15/99 

1979 through 1989 Model Year 

Passenger Cars, Light-Duty Trucks 

and Medium-Duty Vehicles ; 1979 

and subsequent Model Year 

Motorcycles and Heavy-Duty 

Vehicles ; and Motor Vehicle 

Engines Used in Such Vehicles . 

Section 2037 Defects Warranty Requirements for 11/27/99 

1990 and Subsequent Model Year 

Passenger Cars, Light-Duty Trucks 

and Medium-Duty Vehicles and 

Motor Vehicle Engines Used in 

Such Vehicles 

Section 2038 Performance Warranty Requirements 11/27/99 

for 1990 and Subsequent Model 

Year Passenger Cars, Light-Duty 

Trucks and Medium-Duty Vehicles 

and Motor Vehicle Engines Used in 

such vehicles 

Section 2039 Emission Control System Warranty 12/26/90 

Statement . 

Section 2040 Vehicle Owner obligations 12/26/90 

Section 2046 Defective Catalyst 1/16/79 

Chapter 2 Enforcement of Vehicle Emission Standards and Enforcement 

Testing. 

Article 1 Assembly Line Testing. 

37 
Section 2062 17K.9-gembly-line Test Procedures 

1 

8 s 

99Etany Subsequent Model-years . 

11/27/99 

Article 2 Enforcement of New and In-use Vehicle Standards 

-- 

Section 2101 Compliance Testing and Inspection 

- New Vehicle Selection, 

Evaluation and Enforcement 

Action . 

11/27/99 

Section 2109 New Vehicle Recall Provisions . 11/27/99 

Section 211.0 Remedial Action for Assembly-Line 

Quality Audit Testing of Less 

than a Full Calendar Quarter of 

Production Prior to the 2001 

Model-Year . 

11/27/99 

Article 2 .1 Procedures for In-Use Vehicle Voluntary and Influenced 

Recalls . 

Section 2111 Applicability . 8/21/02 

Section 2112 Definitions . 11/15/03 

Appendix A to Article 2 .1 . 11/15/03 

Section 2113 Initiation and Approval of 

Voluntary and Influenced Recalls . 

1/26/95 

Section 2114 Voluntary and Influenced Recall 

Plans . 

11/27/99 

Section 2115 Eligibility for Repair . 1/26/95 

Section 21I6 Repair Label . 1/26/95 

Section 2117 Proof of Correction Certificate . 1/26/95 

Section 2118 Notification . 1/26/95 

Section 2119 Record keeping and Reporting 

Requirements . 

11/27/99 

Section 2120 Other Requirements Not Waived . 1/26/95 

Article 2 .2 Procedures for In-Use Vehicle Ordered Recalls . 

Section 2122 General Provisions . 1/26/95 

Section 2123 Initiation and Notification of 

Ordered Emission-Related Recalls . 

1/26/95 

Section 2124 Availability of Public Hearing . 1/26/95 

Section 2125 Ordered Recall Plan . 1/26/95 

Section 2126 Approval and Implementation of 

Recall Plan . 

1./26/95 

Section 2127 Notification of owners . 1/26/95 

Section 2128 Repair Label . 1/26/95 

Section 2129 Proof of Correction Certificate . 1/26/95 

Section 2130 Capture Rates and Alternative 

Measures . 

11'/27/99 

Section 2131 Preliminary Tests . 1/26/95 

Section 2132 Communication with Repair 

Personnel . 

1/26/95 

Section 2133 Record keeping and Reporting 

Requirements . 

1/26/95 

Section 2135 Extension of Time . 1/2 __ 6/95 

Article 2 .3 In-Use Vehicle Enforcement Test Procedures . 

Section 21,36 General Provisions . I i/26f95 

38 
Section 2137 Vehicle Selection . 12/28/00 

Section 2138 Restorative Maintenance . 11/27/99 

Section 27.39 Testing . 8/21/02 

Section 2140 Notification of In-Use Results . 8/21/02 

Article 2 .4 Procedures for Reporting Failure of Emission-Related 

Components . 

Section 2141 General Provisions . 1,2/28/00 

Section 2142 Alternative Procedures . 2/23/90 

Section 2143 Failure Levels Triggering Recall . 11/27/99 

Section 2144 Emission Warranty Information 

Report . 

11/27/99 

Section 2145 Field Information Report . 11/27/99 

Section 2146 Emissions Information Report . 11/27/99 

Section 2147 Demonstration of Compliance with 

Emission Standards . 

8/21/02 

Section 2148 Evaluation of Need for Recall . 11/27/99 

Section 2149 Notification of Subsequent 

Action . . 

2/23/90 

Chapter 4 .4 Specifications for Fill Pipes and Openings of Motor 

Vehicle Fuel Tanks . 

Section 2235 Requirements . 

---- 

9/17/9l 

_ ~ 

(f) Fleet average requirements, reporting and projections, and 

delivery reporting requirements . 

(1) The fleet average NMOG gas emission values from passenger cars and 

light--duty trucks produced and delivered for sale in the State of 

Connecticut by a manufacturer for each model year shall not exceed the 

fleet average numbers set forth in California Code of Regulations, 

Title 13, sections 1960 .1(g)(2) and 1961(b)(1), except as provided in 

section 1960 .1(g)(2) and 1961(b)(1) . 

(2) A manufacturer that certifies vehicles equipped with direct ozone 

reduction technologies is eligible to receive NMOG credits for use in 

fleet average compliance determinations . A manufacturer shall submit 

to the commissioner a CARB Executive Order, obtained in accordance 

with California Code of Regulations Title 13, section 1960 .Z(g)(1), 

which shall determine the value of such credits. for vehicles delivered 

for sale in the State of Connecticut, when the manufacturer submitsits annual NMOG fleet average report . 

(3) Credits and debits may be accrued and utilized based upon each 

manufacturer's sales of vehicles subject to this part in the State of 

Connecticut, pursuant to the provisions set forth in the California 

Code of Regulations Title 13, sections 1960 .1(g)(2) and 1961(b)(1) . 

(4) Commencing with the 2008 model year, each manufacturer shall 

report to the commissioner, using the same format used to report such 

information to CARH, the average emissions of its fleet delivered for 

39 
sale in the State of Connecticut . The report shall be submitted to 

the commissioner, or the commissioner's designee, no later than March 

16t of the calendar year succeeding the end of the model year . 

(5) Delivery reporting requirements . For the purposes of determining 

compliance with the requirements of this section, commencing with the 

2008 model year, each manufacturer shall submit annually, to the 

commissioner, within sixty (60) days subsequent to the end of each 

model year, a report documenting total deliveries for sale of vehicles 

in each engine family over that model year in the State of 

Connecticut . 

(g) Fleet Average Emissions Reporting Requirements . 

(1) For the purposes of determining compliance with the requirements 

of subsections (c)(3) and (e) of this section, commencing with the 

2008 model year, each, manufacturer shall submit annually to the 

Department, within sixty (60) days subsequent to the end of each model 

year, a report which demonstrates that such manufacturer has met the 

fleet average emissions requirements for its fleet delivered for sale 

in Connecticut . 

(2) Prior to the commencement of each model year, commencing with the 

2008 model year, each manufacturer shall submit, to the Department, a 

projection of the fleet average emissions for vehicles to be delivered 

for sale in Connecticut during such model year . 

(h) Fleet average enforcement . 

If, commencing with the 2011 model year and for each subsequent model 

year thereafter, the report issued by a manufacturer pursuant to 

subsection (g) of this section demonstrates noncompliance with the 

fleet average emission standards incorporated by reference into this 

section and set forth in Table 36b-1 of this section, during a model 

year, the manufacturer must within sixty (60) days file a Fleet 

Average Enforcement Report with the commissioner documenting such 

noncompliance . The Fleet Average Enforcement Reports must identify 

all vehicle models delivered for sale into the State of Connecticut 

and their corresponding certification standards and the percentage of 

each model delivered for sale into the State of Connecticut and 

California in relation to total fleet sales in the respective state . 

(i) Reporting and offset vehicle reporting . 

(1) The manufacturer shall submit one copy of the California Executive 

Order and Certificate of Conformity relating to certification of new 

motor vehicles for each engine family to be sold in the State of 

Connecticut to the commissioner within thirty (30) days of receiving 

the Executive Order from CARB . To the extent such reports are 

40 
available electronically, the manufacturer shall submit such records 

in an electronic format acceptable to the commissioner . 

(2) For the purposes of determining compliance with this section, the 

commissioner may require any vehicle manufacturer subject to this 

section to submit any documentation the commissioner deems necessary 

to the effective administration and enforcement of this section 

including all certification materials submitted to CARB . 

(3) Offset vehicle reporting . Commencing with the 2008 model year, by 

March Vt of the calendar year succeeding the end of the model year, 

each manufacturer shall report to the commissioner the number of 

offset vehicles, categorized by model type, delivered for sale into 

the State of_ Connecticut during such model year . The report shall 

also include the total number of the manufacturer's fleet delivered 

for sale into the State of Connecticut . 

(j) Warranty requirements . 

(1) For all 2008 and subsequent model year vehicles subject to the 

provisions of this section, each manufacturer shall provide a warranty 

to the ultimate purchaser and each subsequent purchaser that complies 

with the requirements set forth in California Code of Regulations, 

Title 13, sections 2035 through 2038, 2040 and 2046 . 

(2) For all 2008 and subsequent model year vehicles subject to the 

provisions of this section, each manufacturer shall include the 

emission control system warranty statement that complies with the 

requirements set forth in California Code of Regulations, Title 13, 

sections 2039 modified as may be necessary to inform Connecticut 

vehicle owners of the applicability of the California warranty . The 

manufacturer shall also provide a telephone number on such statement 

appropriate for the State of Connecticut . 

(k) Recalls . 

(1) For a11 2008 and subsequent model year vehicles subject to the 

provisions of this section, each manufacturer shall undertake an 

action equivalent to that required by any order or enforcement action 

taken by CARB, or any voluntary or influenced emission related recall 

initiated by any manufacturer pursuant to or required by California 

Code of Regulations, Title 13, sections 2101 through 2120, 2122 

through 2133, and 2135 through 2149, unless within thirty (30) days of 

CARB approval of such recall, the manufacturer demonstrates to the 

commissioner that such recall is not applicable to vehicles registered 

in the State of Connecticut . 

(2) For vehicles subject to an action pursuant to subdivision (1) of this subsection, each manufacturer shall send to owners of vehicles 

registered in the State of Connecticut a notice that complies with the 

41 
requirements set forth in California Code of Regulations, Title 13, 

sections 2118 or 2127, provided that such notice shall contain a 

telephone number appropriate for use by vehicle owners or operators in 

the State of Connecticut . 

(1) Incorporation by reference . Availability and interpretation of 

referenced. material . 

(1) In accordance with the provisions of section 22a-174g of the 

Connecticut General Statutes, this section incorporates by reference 

certain sections of Title 13, California Code of Regulations . Table 

36b-3 lists the sections of Title 13, California Code of Regulations 

incorporated by reference and the respective amended date for each 

section . 

(2) Copies of the relevant sections of Title 13, California Code of 

Regulations incorporated by reference in this section are available by 

contacting : 

Connecticut Department of Environmental Protection 

Bureau of Air Management 

Planning & Standards Division 

79 Elm Street 

Hartford, Connecticut 06106 

(860) 424-3027 

(3) For purposes of applying the incorporated sections of the 

California Code of Regulations, unless clearly inappropriate, 

"California" shall mean "Connecticut ." 

(m) Alternative compliance mechanisms . 

(1) A manufacturer may, as an alternative means of compliance with 

the requirements of subsection (c)(2) of this section, proceed in 

accordance with the provisions of subdivision (2) or (3) of this 

subsection . A manufacturer who elects to follow an alternative 

compliance path set forth in either subdivision (2) or (3) of this 

subsection shall notify the commissioner of the elected compliance 

path by March 1, 2005 . 

(2) A manufacturer may earn Connecticut ZEV credits for the 

introduction into Connecticut of PZEVs, AT PZEVs and ZEVs beginning 

with 2004 model year provided that : 

(A) The vehicle credit values for this alternative compliance 

path shall be the same as in the California Code of 

Regulations, Title 13, section 1962 . 

(B) After the credit value for a vehicle is established by CARD 

pursuant to California Code of Regulations, Title 13, 

42 
section 1962, a Connecticut multiplier will be applied to 

such credit value for that vehicle in accordance with Table 

36b-2 . The Connecticut multiplier shall not be applied to 

type III ZEVs placed in service pursuant to the California 

Alternative Requirements for Large Volume Manufacturers as 

identified in the California Code of Regulations, Title 13, 

section 1962 (b) (2) (B) . 

Table 36b-2 

Connecticut Multiplier 

Mode]. Requirement PZEV Credit AT PZEV ZE'V' Credit 

Year Multiplier Credit Multiplier 

Multiplier 

2004 Voluntary Early 1 .5 2 .25 3 ', 

Introduction 

2005 Voluntary Early 1 .5 2 .25 3 

Introduction 

2006 Voluntary Early 1 .3 1 .7 2 

Introduction 

2007 Voluntary Early 1 .15 1 .3 1. .5 

Introduction 

2008 Mandatory 1 .15 1. .3 1 .5 

Compliance 

2009 Equivalency with 1 1 1 

California Program 

(C) Connecticut ZEV credit use, life, banking and trading will 

be calculated as per California Code of Regulations, Title 

13, section 1962 . 

(D) Each manufacturer operating under this alternative 

compliance path shall submit a compliance report to the 

commissioner along with annual sales reports no later than 

March 31"t following the completed model year . The 

compliance report shall include vehicle sales organized by 

engine family and identify the number of Connecticut zEV 

credits earned . Such report may be amended based on late 

sales . 

(E) Each manufacturer operating under this alternative 

compliance path shall make available for purchase or lease 

in Connecticut any advanced technology vehicle models, 

including all ZEVs except type III ZEVs placed in service 

pursuant to California Code of Regulations, Title 13, 

section 1962 (b) (2) (B) , sold or leased in California . 

(F) The commissioner shall calculate the amount of credits 

earned based on the report received pursuant to subparagraph 

(D) of this subdivision . The commissioner shall establish a 

compliance account for each manufacturer and allocate the 

credits earned to such compliance account . In the event 

43 
that the number of credits earned under this subdivision is 

less than the number of credits that would have been awarded 

to a manufacturer under subdivision (3) of this subsection, 

the commissioner shall calculate the difference and apply a 

number of credits equal to such difference to such 

manufacturer's compliance account . 

(3) The commissioner shall set aside a number of Connecticut ZEV 

credits proportionally equivalent to the number of ZEV credits 

possessed by the requesting manufacturer for use in the State of 

California on January 1, 2008 . The commissioner shall notify such 

manufacturer of the number of ZEV credits available for use by May 31, 

2008 and annually thereafter until such credits are fully consumed . 

Credits issued pursuant to this subdivision may only be used in 

Connecticut for compliance with the zEV provisions of subsection 

(c)(2) of this section subject to the same requirements and 

limitations on credit use set forth in the California Code of 

Regulations, Title 13, section 1962 adjusted for Connecticut 'specific 

vehicle numbers. Furthermore, each manufacturer operating under this 

alternative compliance path shall : 

(A) By March 1, 2008, provide the commissioner with the total 

number of vehicles sold in Connecticut and California for a 

three-year period prior to January 1, 2008 ; 

(B) By March 1, 2008, provide the commissioner with the total 

number of banked California ZEV credits as of January 1, 

2008 ; 

(C) Until such time as full compliance is achieved with the 

requirements of subsection (c)(2) of this section, make 

available for purchase or lease in Connecticut any advanced 

technology vehicle models, including all ZEVs except type 

III ZEVs placed in service pursuant to California Code of 

Regulat4.ons, Title 13, section 1962(b)(2)(B), that are sold, 

leased or offered for sale in California . 

(4) Any manufacturer who fails to meet the requirements of its 

respective alternative compliance path shall be subject to full 

compliance with the ZEV mandate provisions set forth in subsection 

(c)(2) of this section . 

Sec . 2 

Sections 22a-174-36 of the Regulations of Connecticut State Agencies is amended by adopting new 

subsection (i) as follows: 

(New) 

(i) Repeal provision. The California Low Emission Vehicle, National 

Low Emission Vehicle and all related provisions in this section shall 

44 
be repealed upon the implementation date of section 22a-174-36b of the 

Regulations of Connecticut State Agencies . 

Statement of Purpose : 

To repeal the provisions of section 22a-174-36 and to adopt the 

California Low Emission Vehicle II program, including all "zero 

emission vehicle" program elements, in accordance with section 1.77 of 

the Clean Air Act commencing with 2008 model year vehicles as required 

by Public Act 04-84 . 

IX. Conclusion 

Based upon the comsnents submitted by interested parties and addressed in this Hearing Report, I 

recommend that section 36b and subsection 36(i), as set forth in Part VIII of this report, be 

submitted by the Commissioner of Environmental Protection for approval by the Attorney 

General and the Legislative Regulations Review Committee. Based upon the same 

considerations, I also recommend these proposed regulations, upon promulgation, be submitted 

to the U.S. Environmental Protection Agency as revisions to the Connecticut State 

Implementation Plan for Air Quality together with the additional information requested by EPA 

in Part VI.A.1 of thi~ort. 

Paul E. Farrell 

Hearing Officer 

Oct. 13. 2004 

Date 
Attachment 1 

List of Commenters 

l. David B. Conroy, Acting Chief 

Air Planning Branch 

US EPA, Region 1 

1 Congress Street, Suite 1100 

Boston, MA 02114-2023 

Kelly M. Brown, Director 

Vehicle Environmental Engineering 

Environmental & Safety Engineering 

Ford Motor Company 

World Headquarters 

One American Road 

Dearborn, MI 48126-2798 

6. David R Brown, Sc.D. 

Director of Public Health Toxicology 

Environment and Human Health, 

Inc. 

1191 Ridge Road 

North Haven, CT 06473 

7. Charles Rothenburger, Legal Fellow 

Connecticut Fund for the 

Environment 

205 Whitney Avenue, 1't Floor 

New Haven, CT 06511 

3. Edward B. Cohen, Vice President 

Government & Industry Relations 

American Honda Motor Company 

1001 G Street, N.W. Suite 950 

Washington, D.C. 20001 

4. David Saaikar, Associate Director of 

Community Relations 

American Lung Association of 

Connecticut 

45 Ash Street 

East Hartford, CT 06108-3272 

5 . Gregory Dana, Vice President for 

Environmental Affairs 

Alliance of Automobile 

Manufacturers 

1401 Eye Street N,W. Suite 900 

Washington, D.C. 20005 

8. Anne Hulick, RN 

Clean Cars Alliance 

113 Blatchley Avenue 

Southington, CT 

46