EXHIBIT E 

ATTACHEMENT J 

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 Amendments of Section 22a-174-36b and 

Proposed Amendment of Section 22a-174-27 of the 

Regulations of Connecticut State Agencies 

Hearing Officer: Patrice Kelly 

Date of Hearing: December 18, 2008 

I. Introduction 

On November 4, 2008, the Commissioner of the Department of Environmental Protection 

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

Regulations of Connecticut State Agencies (R.C.S.A.) concerning the Low Emission Vehicles 11 

(LEV) program and to amend section 22a-174-27 (section 27) of the R.C .S .A. concerning the 

state Inspection and Maintenance program. Pursuant to such notice, a public hearing was held 

on December 18, 2008. The public comment period for the proposed amendments was initially 

scheduled to close on December 18, 2008, but was extended for two weeks until January 2, 2009. 

As required by section 4-168(d) of the Connecticut General Statutes (C.G.S .), this report 

describes the regulations proposed for hearing; the principal reasons for support of the 

Department's proposed amendments; the principal considerations presented in oral and written 

comments in opposition to the Department's proposed amendments; all comments and responses 

thereto on the proposed amendments; and the final wording of the proposed regulation. Those 

individuals who submitted timely comments are identified in Attachment 2. 

This report also contains a statement pursuant to C.G.S. section 22a-6(h) . 

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

Pursuant to section 22a-6(h) of the Connecticut General Statutes, the Commissioner of the 

Department of Environmental Protection (Commissioner) is authorized to adopt regulations 

pertaining to activities for which the federal government has adopted standards or procedures. 

At the time of public notice, the Commissioner must distinguish clearly all provisions of a 

regulatory proposal that differ from federal standards or procedures either within the regulatory 

language or through supplemental documentation accompanying the proposal. In addition, the 

Commissioner must provide an explanation for all such provisions in the regulation-making 

record required under C.G.S . Title 4, Chapter 54 and make such explanation publicly available at 

the time of the notice of public hearing required under C.G.S . section 4-168. 
In accordance with the requirements of C.G.S . section 22a-6(h), the following statement is 

entered into the public administrative record in the matter of the proposed revisions to various 

sections of the air quality regulations, as scheduled for public hearing on December 18, 2008. 

The Department has performed a comparison of the proposed revisions with analogous federal 

laws and regulations, namely the Clean Air Act (CAA) and standards and procedures in section 

40 of the Code of Federal Regulations. A section-by-section comparison of the proposal with 

federal standards and procedures follows. 

With respect to the amendment of section 22a-174-36b concerning the LEV program, the 

revisions are intended to maintain the consistency of Connecticut's LEV program with 

California's LEV program in three respects : recall and warranty; labeling ; and the Zero Emission 

Vehicle (ZEV) requirements and travel provisions . Connecticut is required to maintain 

consistency with the California program under Section 177 of the CAA. There are two 

emissions programs in the United States, the federal emissions program located in Title II of the 

CAA and a similar California LEV program. The U.S. Environmental Protection Agency (EPA) 

has granted the California program a waiver under section 209 of the CAA because it considers 

the California program to be ". . .at least as protective of public health and welfare as applicable 

federal standards." 

The California and federal programs contain similar elements with a few specific distinctions . 

The specific distinctions include: 

" Recalls under the California recall requirements are independent of recalls under the 

federal program such that, on a case by case basis, the recall provisions may produce 

different results; and 

" There are no comparable federal requirements for environmental performance labeling. 

The EPA does rate vehicles with respect to environmental performance characteristics 

but does not have a mandatory labeling program; and 

" For the ZEV requirements, California's program elements require manufacturers to sell 

more of the lower emitting vehicle classes compared to the federal program. 

With respect to the amendment of section 22a-174-27(e) concerning the motor vehicle 

emissions inspection program, there are no comparable federal standards or procedures . The 

revision of section 22a-174-27(e) is an exemption for composite vehicles consistent with a state 

statutory change made in 2007. Federal requirements under the CAA specify when a state must 

adopt an emissions inspection program and the general goals the state program must meet, but do 

not specify the precise requirements of a state program. 

111. Background, Summary, and Text of the Regulatory Amendments as Proposed 

Back2round 

On June 6, 2006, the Governor of the State of Connecticut signed into law Public Act 06-161, 

which the General Assembly adopted on May 3, 2006. Public Act 06-161 as codified in C.G.S . 
section 22a-201a requires the Commissioner to adopt environmental performance labeling of 

vehicles by January 1, 2009, consistent with California's recent program changes . In June 2008, 

California adopted new environmental performance labeling specifications . Connecticut's 

adoption of those labeling specifications under section 36b will satisfy the requirements of 

Public Act 06-161 . . 

California has also amended its rules regarding its LEV recall and warranty provisions, and its 

requirements for the ZEV program, including the ZEV travel provisions . California initially 

posted public notice of the rulemaking on February 8, 2008 . California subsequently modified 

the text of its amendments and posted public notices on July 25, 2008, and October 3, 2008 . 

Both notices were followed by a 15-day comment period . The California Air Resources Board 

(CARB) formally adopted the changes on December 17, 2008. The California Office of 

Administrative Law formally approved the regulation on March 18, 2009 . The regulation was 

filed with the Secretary of State and is effective on April 17, 2009. Connecticut is amending 

Section 36b to maintain consistency with the California ZEV amendments as is required by 

section 177 of the Clean Air Act. 

On June 25, 2007, the Governor of the State of Connecticut signed into law Public Act 07-167, 

which the General Assembly adopted on June 4, 2007. Public Act 07-167 as codified in C.G.S . 

section 14-164c(c) requires the Commissioner to amend regulations to exempt composite 

vehicles from emissions testing requirements . The amendments to section 27 will satisfy the 

requirements of Public Act 07-167 . 

Summary 

R.C.S.A. section 22a-174-36b, Low Emission Vehicle 11 Program. 

Section 36b serves as the basis for Connecticut's LEV program, which is modeled after 

California's LEV program. The amendments update R.C.S.A. section 22a-174-36b to be 

consistent with recent actions by California regarding its LEV program and in satisfaction of the 

statutory requirements of C.G.S . section 22a-201a. In particular, the revisions include the 

addition of environmental performance (EP) labeling for smog and greenhouse gas index scores . 

The labels must contain a smog score and a global warming score measuring the amount of 

greenhouse gas emissions from the vehicle compared to the average emissions of all vehicle 

models of the same model year for that class of vehicles . A copy of the California EP label can 

be found in Attachment 4 to this report. 

The amendments will also modify the ZEV program. CARB has amended its regulation that 

requires auto manufacturers to develop and commercialize ZEV technologies . The amendments 

have given manufacturers increased flexibility to comply with the ZEV requirements, recognized 

and given credit to the environmental benefits of plug-in hybrid electric vehicles (PHEV), and 

established ZEV categories in recognition of new developments in fuel cell and battery electric 

vehicles (EV). 

In addition, the amendments will revise the "travel provisions" contained in the ZEV program. 

The travel provision amendments will update the methods by which manufacturers will be 
credited when placing zero emission or other advanced technology vehicles in service in either 

California or any state that has adopted California's LEV program. 

The amendments to the recall and warranty provisions incorporate technical changes that 

California has made to the LEV program. 

R.C.S.A. section 22a-174-27, Motor Vehicle Inspection Requirements. 

R.C.S.A. section 22a-174-27 establishes emissions standards and test requirements for the 

periodic motor vehicle Inspection and Maintenance Program to assure that EPA required air 

quality benefits are achieved. The amendment will exempt composite vehicles from 

Connecticut's motor vehicle inspection program. According to the Connecticut Department of 

Motor Vehicles (DMV), a composite vehicle is defined as "Any motor vehicle, composed or 

assembled from several parts of other motor vehicles, or the identification and body contours of 

which are so altered that the vehicle no longer bears the characteristics of any specific make of 

motor vehicle. Any vehicle not assembled by a manufacturer licensed as such in the State of 

Connecticut is classified as a composite motor vehicle."' These changes will affect a minimal 

number of vehicles in Connecticut and will not have a significant impact on air quality in the 

state. 

A copy of the proposed changes to section 36b and section 27 as proposed at the public hearing 

is contained in Attachment 1 to this report . 

IV. Principal Reasons in Support of the Proposed Amendments 

The proposed amendments made by the Department to section 36b meet requirements of section 

177 of the federal Clean Air Act and Public Act 06-161 as codified in C.G.S . section 22a-201a. 

The recall, warranty, ZEV, and ZEV travel provision amendments will bring Connecticut in line 

with changes that California has made to its LEV program which serves as the basis for section 

36b. 

The exemption of composite motor vehicles from the emissions inspection processes will meet 

the statutory requirements of Public Act 07-167 . Connecticut Inspection and Maintenance 

Program data indicates in 2007 there were 359 composite motor vehicles in Connecticut. 2 After 

consideration of existing emission inspection exemptions found in 14-164(c) of the C.G S. there 

are approximately 100 of these vehicles that would be required to be inspected by the DMV each 

year and exempting these vehicles will not have significant air quality impacts. 

V. Principal Reasons in Opposition of the Proposed Amendments 

The principal argument in opposition of the proposed rule changes was that the Department 

should not adopt the proposed ZEV program changes until California has finalized its ZEV 

rulemaking process. Other comments addressed technical changes that the Department should 

1 Composite Vehicles . Available at http ://www.ct.gov/dmv/cwp/view.asp?a=804&q=244898 

2 Revision to Connecticut's State Implementation Plan, Enhanced Motor Vehicle Inspection and Maintenance 

Program, available at 

http ://www.ct.gov/dep/lib/dep/air/regulations/proposed and_reports/fina12007 im_sip revision.pdf 

4 
make to the regulation when adopting these rule amendments. These comments and the 

Department's responses are set forth in detail in Section VI of this report. 

VI. Summary of Comments 

All comments submitted are summarized below with the Department's responses. Individuals 

submitting timely comment on the proposed amendments are identified in Attachment 2 to this 

report . When changes to the proposed text are indicated in response to comment, new text is in 

bold font and deleted text is in strikethrough font. Summaries of the comments submitted and the 

Department's responses are as follows: 

A. General Comments 

1. Comment: The Department should not adopt the proposed ZEV program changes until 

California has finalized its ZEV rulemaking process. Both Mitsubishi and the Large Volume 

Manufacturers submitted this comment. 

Response: The Department was required to begin the rulemaking process shortly after 

California began its rulemaking process to ensure that Connecticut achieves identicality 

with California in a timely manner. The Department waited until after California's 

second 15-day notice of modifications to the ZEV amendment closed to hold a public 

hearing. The Department also extended the comment period for two weeks to allow for 

review of the California ZEV amendments . Interested parties have therefore been given 

ample opportunity to review California's changes and comment on Connecticut's 

proposed changes to the ZEV program. Additionally, the Department has waited until 

the California ZEV amendments were finalized by the California Air Resources Board 

(CARB) and approved by the California Office of Administrative Law before advancing 

these rule changes for final approval in Connecticut. The effective date of the California 

revisions has been entered, in lieu of the placeholder provided for the hearing version of 

the regulation, in three positions in Table 36b-1 . Additionally the footnote explaining the 

use of the placeholders has been deleted; the changes are as follows: 

Table 36b-1 

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 [08/04/05] 

T^TVVC=ap dated#4/17/09 

Article 2 Approval of Motor Vehicle Pollution Control Devices 

(New Vehicles) 

Section 1956.8(g) and Exhaust Emission Standards and Test [12/14/03] 

(h) Procedures -1985 and Subsequent Model 

Heavy Duty Engines and Vehicles 10/11/07 

Section 1960.1 Exhaust Emission Standards and Test [10/16/02] 

Procedures - 1981 and through 2006 Mode 

Passenger Cars, Light-Duty and Medium- 03/26/04 

Duty Vehicles 

Section 1961 Exhaust Emission Standards and Test [12/04/03] 

Procedures - 2004 and Subsequent Model 

Passenger Cars, Light-Duty Trucks and 06/16/08 

Medium-Duty Vehicles 

Section 1961 .1 Greenhouse Gas Exhaust Emission [08/04/05] 

Standards and Test Procedures - 2009 and O1/01/06 

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

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

through 2008 [and Subsequent] Model 

" Year Passen er Cars Li ht-Dut Trucks 4/17/09 g , g y 

and Medium-Duty Vehicles 

Section 1962.1 Zero Emission Vehicle Standards for 2009 9744/mQ 

and Subsequent Model Year Passeng-er To be updated`4/17/09 

Cars Light-Duty Trucks, and MediumDuty Vehicles 
B. Specific Comments 

Comments by the Environmental Protection A ency 

2. Comment: EPA supports Connecticut's proposed amendments to the LEV program. EPA has 

reviewed the changes and found that the proposed amendments are consistent with the changes 

to the California LEV regulation. 

Response: The Department appreciates EPA's support for the proposed amendments 

and will continue its commitment to remaining consistent with California's LEV rule 

changes. 

3. Comment: EPA states that since the LEV program is a control strategy listed in 

Connecticut's 2007 8-hour ozone attainment State Implementation Plan (SIP) the proposed 

changes to the LEV program, once they are final, should be submitted to EPA in an 8-hour ozone 

attainment SIP revision. 

Response: The Department's LEV regulation is only included in the 8-hour ozone SIP 

as a weight-of-evidence measure and is not currently relied upon for SIP emissions 

reduction credits. The Department intends to take credit for the LEV program in the 8-

hour ozone attainment SIP prepared to demonstrate compliance for the 2008 National 

Ambient Air Quality Standard (NAAQS) for ozone. 

Comments by Mitsubishi 

4. Comment: Mitsubishi acknowledges the Department's efforts to maintain consistency with 

the California regulations and supports Connecticut's proposal as it will not require a state 

specific EP label. Mitsubishi will follow California's regulation and apply all required 

environmental performance labels on a112009 model year vehicles delivered for sale in 

Connecticut after January 1, 2009. 

Response: The Department notes Mitsubishi's intent to comply with the EP label 

requirements starting on January 1, 2009 . The Department appreciates Mitsubishi's 

initiative in early compliance with Connecticut's EP labeling requirements and in 

providing consumers with additional environmental information when they make vehicle 

purchasing decisions. 

Comments by The Connecticut Fund for the Environment 

5. Comment: The Connecticut Fund for the Environment (CFE) believes that the EP label being 

adopted in this rulemaking does not meet its statutory requirements to have two greenhouse gas 

scores ; one that compares the vehicle receiving the score to all vehicles in the same model year 

and another comparing the vehicle receiving the score to all vehicles in the same model class. 

CFE does not believe one score that combines both factors is sufficient . CFE would like the 

Department to work with the California Air Resources Board to develop a more comprehensive 

greenhouse gas label. 
Response: The Department believes that, at this time, it is most prudent to adopt the 

California environmental performance (EP) label. The California EP label has been 

developed using an extensive scientific database which takes into account the greenhouse 

gas emissions of the vehicle compared to both vehicles of the same model year and 

vehicles of the same class. It effectively incorporates the two greenhouse gas scores that 

are required by Public Act 06-161 . This offers the consumer the most comprehensive 

global warming score possible . 

In addition, California has extensively researched the formatting of their EP label and 

used consumer focus groups to provide feedback to create the most effective label for 

consumer education. In the Informative Digest that accompanied its rulemaking, 

California stated, "In designing the new EP label, staff turned to market research 

specialists for help and sought out consumer-based input from focus groups to provide 

clarity and understanding of a newly designed label," and, "Respondents stated that the 

information needs to be presented in a way that consumers find simple and 

understandable ."4 Focus group research clearly indicates that simplicity of the EP label is 

the most important aspect of the label's effectiveness. Prior market research conducted 

by EPA, based on consumer focus groups, also found that, a simple scale from 1-10 for 

both Air Pollution and Greenhouse Gas emissions was recommend.5 After this extensive 

research, CARB concluded that "a simpler scale from I-10 represents the optimal way to 

present emissions information."6 Based on CARB's findings, Connecticut believes that 

the California EP label is the most effective label available at this time. 

Going forward the Department should work with CARB to seek improvements in the EP 

label as necessary so that consumers have the best information in a user-friendly format . 

Comments by the Large Volume Manufacturers 

6. Comment: The Large Volume Manufacturers suggest that the Department change the 

definition of "travel provision" in the amended regulations to include all types of ZEVs and not 

just Type III ZEVs because California allowed additional types of ZEVs to gain credit under the 

travel provision. 

Response: The comment concerning the definition of "travel provision" in subsection 

(a) of section 36b is outside the scope of this proceeding. The inclusion of additional 

types of ZEVs in the travel provisions appears in sections 1962 and 1962.1 of Title 13 of 

the California Code, which are included by reference in the proposed revisions to 

subsection (e) of section 36b. Although the comment has merit, it should not be 

incorporated at this time, but should be reserved for consideration in a future amendment. 

In response to the comment, no change is recommended. 

3 Updated Informative Digest. Emissions Control and Smog Index Label Rulemaking : available at 

http ://www.arb .ca. og v/regact/2007/labels07/labe1s07 .htm , 

4 Ibid . 

5 Ibid . 

6 Ibid . 
7. Comment: The Department should amend subsection (c)(2)(A) requirements that require 

manufacturers to follow section 1962 of the California Code of Regulations (C.C.R.) to apply 

solely to MY 2008 because California's section 1962 requirements sunset after MY 2008. For 

2009 and subsequent model years section 1962.1 requirements are applicable. The Large 

Volume Manufacturers suggest the phrase "In the 2008 model year" replace the phrase 

"Beginning with the 2008 Model Year" in subsection (c)(2)(A). 

Response: The Department agrees with this comment and has incorporated the 

suggested revision in subsection (c)(2)(A) of the regulations by adding the word "In" and 

deleting the words "Beginning with" in line with the Commenter's suggested text . 

Through these changes, subparagraph (A) will clearly apply solely to the 2008 model 

year. The Department's recommended revision is as follows : 

(2) ZEV mandate. 

(A) Beginning In 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, banking, and travel provisions, set forth in 

the California Code of Regulations, Title 13, section 1962 using 

Connecticut specific vehicle numbers. 

It is also recommended that subsection (c)(1)(A) be revised to include the applicable 

1962.1 requirements for 2009 and subsequent model years. The following change will 

make it clear that the section 1962.1 requirements are the proper ZEV requirements for 

2009 and subsequent model years. 

(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 passenger car or light duty truck or a 2009 or subsequent model year 

medium-duty vehicle or medium-duty passenger 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), of 

1962(a);_or 1962.1(a); 
8. Comment: The Large Volume Manufacturers suggest that the Alternative Compliance Path 

requirements in subsection (m) be revised by removing the "offer for sale" requirements for any 

type of ZEV that is allowed to gain credits through the newly amended travel provisions . They 

suggest that this modification be made by changing the phrases in subsections (m)(3)(E) and 

(m)(3)(D) from "including all ZEVs except type III ZEVs" to "including all ZEVs except ZEV 

types that qualify for the travel provisions under the California Code of Regulations sections 

1962(d)(5)(D) and 1962.1(d)(5)(E)." 

Response: The comment concerning the alternative compliance mechanism in 

subsection (m) is outside the scope of this proceeding. Subsection (m) is Connecticut's 

Alternative Compliance Mechanism; it is limited to providing an alternative compliance 

mechanism to the subsection (c)(2)(A) requirements and only has effect in the 2008 

model year because the alternative compliance mechanisms in subsection (m) end with 

the 2008 model year. Therefore, revisions to subsection (m) are not required . 

9. Comment: The Large Volume Manufacturers suggest that the alternative compliance path 

requirements in subsection (m) be changed by specifying a clear end date for the "offer for sale" 

requirements . They state that the California alternative compliance path is intended to be a 

transitional requirement and, as such, sunsets after the 2011 model year. They suggest that this 

change be made by adding the phrase "Through the 2011 model year" to the beginning of 

subsection (m)(2)(E) and deleting the words "operating under the alternative compliance path." 

Additionally a revision should be made to subsection (m)(3)(D) by adding the phrase "Through 

the 2011 model year" to the beginning of that subsection and deleting the words "Until such time 

as full compliance is achieved with the requirements of subsection (c)(2) of this section." 

Response: Please see the response to comment 8. 

10. Comment: The Large Volume Manufacturers suggest that the Department should maintain 

discretionary control of the "offer for sale" requirements . They suggest a change be made so that 

the Department would be able to work with the manufacturers to make ZEV vehicles available 

when the technology and infrastructure may best accommodate those vehicles . They suggest this 

be done by adding the phrase "unless the manufacturer can demonstrate to the Department's 

satisfaction that an alternative approach is better for the advanced technology vehicle model that 

is being introduced" to the ends of subsections (m)(2)(E) and (m)(3)(d). 

Response: Please see the response to comment 8 . 

11 . Additional Comment by Hearing Officer: The Statement of Purpose was drafted, along 

with original versions of the proposed amendment, following the passage of Public Act 06-161, 

which requires greenhouse gas labeling for new motor vehicles . To be consistent with the 

effective date of California's labeling requirement, the date, "October 1, 2009," in the Statement 

of Purpose should be replaced by "January 1, 2009," as is already reflected in the proposed 

revisions to subparagraph (c)(1)(1) of section 36b. 

Response: The Department recommends revising Statement of Purpose as follows : 

10 
Statement of purpose: This amendment consists of revisions to two sections of 

the air quality regulations concerning motor vehicles . Specifically, the revisions 

include: 

Sections 1 through 3 of the amendment revise section 22a-174-36b of the 

Regulations of Connecticut State Agencies (R.C.S.A.) in three respects: 

" First, section 22a-174-36b is updated in accordance with Public Act 06-161 to 

require manufacturers to place environmental performance labels starting on 

2009 model year and later vehicles sold or leased in Connecticut on or after 

[October l, 2009] January 1, 2009. Labels must contain a smog score and a 

global warming score measuring the amount of greenhouse gas emissions 

from the car compared to the average emissions of all vehicle models of the 

same model year for that class of cars. The label will provide consumers with 

information on how a vehicle purchase will affect the environment. 

" Second, section 22a-174-36b is updated in accordance with changes made to 

the California Air Resources Board low emissions vehicle program, which 

serves as the basis for R.C.S.A. section 22a-174-36b . The updated provisions 

include the "travel provisions" contained in the "zero emission vehicle" 

program. Travel provisions amend methods by which manufacturers are 

credited when placing zero emission or other advanced technology vehicles in 

service in either California or any state that has adopted California's motor 

vehicle emission control program under section 177 of the federal Clean Air 

Act. 

" Third, technical changes consistent with California's vehicle recall provisions 

are included . 

Section 4 revises R.C.S.A. section 22a-174-27(e) in accordance with Public Act 07-

167 to eliminate composite motor vehicles from Connecticut's motor vehicle 

inspection program. 

VII. Final Text of the Proposed Amendment 

The final text of the proposed amendments to R.C.S .A. section 22a-174-36b and R.C.S.A. 

section 22a-174-27, as indicated in this hearing report is located at Attachment 3 to this report . 

VIII. Conclusion 

Based upon the comments submitted by interested parties and addressed in this Hearing Report, I 

recommend the proposed final regulation, as contained herein in Attachment 3, be submitted by 

11 
the Commissioner of the Department of Environmental Protection for Approval by the Attorney 

General and the Legislative Regulations Review Committee. 

Patrice Kelly Date 

Hearing Officer 
Attachment 1 

Sections 36b and 27 as Proposed at Public Hearin 
November 6, 2008 

Section 1. Subsection (c) of section 22a-174-36b of the Regulations of Connecticut State 

Agencies is amended to read as follows: 

(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 passenger car or light duty truck or a 2009 or subsequent model 

year medium-duty vehicle or medium-duty passenger 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) Until December 31, 2008, the [The] emission control label [or] and smog index 

label or environmental performance 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; 

(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; [and] 

(H) 

01 

The greenhouse gas emission standards set forth in the California Code of 

Regulations, Title 13, section 1961 .1[.] , and 

On and after January 1, 2009, the emission control label and environmental 

performance label requirements including smog and greenhouse gas index scores 

set forth in the California Code of Reizulations, Title 13, section 1965. 

(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, 

14 
banking, and travel 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 of subparagraph (A) of this subdivision, an automobile manufacturer may 

instead opt to comply with the provisions of subsection (m) of this section. 

(C) Until such time that NEVs can be legally registered in Connecticut and operated with 

restrictions no more stringent than imposed by the State of California, manufacturers that 

generate ZEV credits in California through the sale of NEVs shall receive Connecticut 

credits for those sales. Such credits shall be transferred annually using the ZEV credit 

account transfer ratio determined in accordance with subsection (m)(3), as applicable to the 

manufacturer. 

(D) Beginning with the 2009 model year, each manufacturer's sales fleet of passenger cars 

and light y 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 

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

section 1962.1 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), (k), and (n) of this 

section. 

Sec. 2. Subsection (e) of section 22a-174-36b of the Regulations of Connecticut State 

Agencies is amended to read as follows: 

(e) Emission 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-1 

California Code of Regulations (CCR) 

Title 13 

Provisions Incorporated by Reference 

15 
Title 13 CCR Title Section 

Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1 General Provisions 

Section 1900 Definitions [08/04/05] 

To be updated` 

Article 2 Approval of Motor Vehicle Pollution Control Devices 

(New Vehicles) 

Section 1956.8(g) and Exhaust Emission Standards and Test [12/14/03] 

(h) Procedures - 1985 and Subsequent Model 

Heavy Duty Engines and Vehicles 10/11/07 

Section 1960.1 Exhaust Emission Standards and Test [10/16/02] 

Procedures - 1981 and through 2006 Mode 

Passenger Cars, Light-Duty and Medium- 03/26/04 

Duty Vehicles 

Section 1961 Exhaust Emission Standards and Test [12/04/03] 

Procedures - 2004 and Subsequent Model 

Passenger Cars, Light-Duty Trucks and 06/16/08 

Medium-Duty Vehicles 

Section 1961 .1 Greenhouse Gas Exhaust Emission [08/04/05] 

Standards and Test Procedures - 2009 and O1/O1/06 

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

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

through _ 2008_ [and Subsequent] Model 

Year Passenger Cars, Light-Duty Trucks To be u dp ated* 

and Medium-Duty Vehicles 

Section 1962 .1 Zero Emission Vehicle Standards for 2009 07/24/02 

and Subsequent Model Year Passenger To be updated* 

Cars, Light-Duly h~tyTrucks, and MediumDuty Vehicles 

Section 1965 Emission Control[ and]., Smog Index, and [12/04/03] 

Environmental Performance Labels -1979 

* California's Rulemaking to Consider Adoption of the 2008 Amendments to the California Zero Emission Vehicle 

Regulation was initially noticed for public hearing in January 2008 and is currently in process. The effective date of 

the final amendments adopted in California will be referenced in the indicated locations in this table. 

16 
and Subsequent Model Year Vehicles 06/16/08 

Section 1968.1 Malfunction and Diagnostic System 11/27/99 

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 11/09/07 

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 11/09/07 

Cars, Light-Duty Trucks, and MediumDuty Vehicles and Engines 

Section 1976 Standards and Test Procedures for Motor [11/27/99] 

Vehicle Fuel Evaporative Emissions 

01/04/08 

Section 1978 Standards and Test Procedures for Vehicle [11/27/99] 

Refueling Emissions 

01/04/08 

Article 6 Emission Control System Warrant 

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

11/09/07 

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

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 1990 [11/27/99] 

and Subsequent Model Year Passenger 

Cars, Light-Duty Trucks and Medium-Dut 11/09/07 

Vehicles and Motor Vehicle Engines Used 

in Such Vehicles 

Section 2038 Performance Warranty Requirements for [11/27/99] 

1990 and Subsequent Model Year 

Passenger Cars, Light-Duty Trucks and 11/09/07 

17 
Medium-Duty Vehicles and Motor Vehicle 

Engines Used in Such Vehicles 

Section 2039 Emission Control System Warranty 

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 Testing. 

Article 1 Assembly Line Testing. 

Section 2062 Assembly-line Test Procedures 1998 and 

Subsequent Model-years. 

11/27/99 

Article 2 Enforcement of New and In-use Vehicle Standards 

Section 2 101 Compliance Testing and Inspection -New 

Vehicle Selection, Evaluation and 

Enforcement Action. 

11/27/99 

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

12/30/83 

Section 2110 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 Proced ures for In-Use Vehicle Voluntary and In fluenced Recalls. 

Section 2111 Applicability. [8/21/02] 

O1/04/08 

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 2116 Repair Label. 1/26/95 

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

18 
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] 

01/04/08 

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. 1/26/95 

Article 2.3 In-Use Vehicle Enforcement Test Procedures. 

Section 2136 General Provisions . [1/26/95] 

01/04/08 

Section 2137 Vehicle Selection. 12/28/00 

Section 2138 Restorative Maintenance. 11/27/99 

Section 2139 Testing. 8/21/02 

19 
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 . [12/28/00] 

01/04/08 

Section 2142 Alternative Procedures. 2/23/90 

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

Section 2144 Emission Warranty Information Report. I1/27/99 

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 

Article 5 Procedures for Reporting Failures of Emission-Related Equipment and 

Required Corrective Action 

Section 2166 General Provisions . 01/04/08 

Section 2166.1 Definitions. O1/04/08 

Section 2167 Emission Warranty Information Report. O1/04/08 

Section 2168 Supplemental Emissions Warranty O1/04/08 

Information Report. 

Section 2169 Recall and Corrective Action for Failures O1/04/08 

of Exhaust After-Treatment Devices. 

Section 2170 Recall and Corrective Action for Other 01/04/08 

Emission-Related Component Failures 

(On-Board Diagnostic-Equipped Vehicles 

and Engines). 

Section 2171 Recall and Corrective Action for Vehicles O1/04/08 

without On-Board Diagnostic Systems, 

Vehicles with Non-Compliant On-Board 

Diagnostic Systems, or Vehicles with OnBoard Computer Malfunction. 

20 
Section 2172 Notification of Required Recall or 

Corrective Action b the Executive Officer 

O1/04/08 

Section 2172.1 Ordered or Voluntary Corrective Action O1/04/08 

Plan. 

Section 2172.2 Approval and Im lementation of Correctiv O1/04/08 

Action Plan. 

Section 2172.3 Notification of Owners . O1/04/08 

Section 2172.4 Repair Label. O1/04/08 

Section 2172.5 Proof of Correction Certificate. O1/04/08 

Section 2172.6 Preliminary Tests. O1/04/08 

Section 2172.7 Communication with Repair Personnel. O1/04/08 

Section 2172.8 Recordkeepin and Reporting, 01/04/08 

Section 2172 .9 Extension of Time. O1/04/08 

Section 2173 Penalties. O1/04/08 

Section 2174 Availability of Public Hearing. O1/04/08 

Chapter 4.4 Specificat ions for Fill Pipes and Openings of Motor Vehicle Fuel Tanks. 

Section 2235 Requirements. 9/17/91 

Sec. 3. Subsection (k) of section 22a-174-36b of the Regulations of Connecticut State 

Agencies is amended to read as follows : 

(k) Recalls. 

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

and for a112009 and subsequent model year medium-duty 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, and 2166 through 

2174, 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 

21 
complies with the requirements set forth in California Code of Regulations, Title 13, sections 

21181 [or] 2127, or 2172.3, provided that such notice shall contain a telephone number 

appropriate for use in the State of Connecticut. 

Sec. 4. Subsection (e) of section 22a-174-27 of the Regulations of the Connecticut State 

Agencies is amended to read as follows: 

(e) [Composite motor vehicles . For 2005 and earlier model year composite motor vehicles, the 

maximum allowable emissions shall be 4.0 VOL. % CO and 800 ppm HC. For 2006 and later 

model year composite motor vehicles, the maximum allowable emissions shall be 1 .2 VOL. % 

CO and 220 ppm HC.] Reserved. 

Statement of purpose: This amendment consists of revisions to two sections of the air quality 

regulations concerning motor vehicles . Specifically, the revisions include : 

Sections 1 through 3 of the amendment revise section 22a-174-36b of the Regulations of 

Connecticut State Agencies (R.C.S .A.) in three respects: 

First, section 22a-174-36b is updated in accordance with Public Act 06-161 to 

require manufacturers to place environmental performance labels starting on 

2009 model year and later vehicles sold or leased in Connecticut on or after 

October 1, 2009. Labels must contain a smog score and a global warming 

score measuring the amount of greenhouse gas emissions from the car 

compared to the average emissions of all vehicle models of the same model 

year for that class of cars. The label will provide consumers with information 

on how a vehicle purchase will affect the environment. 

Second, section 22a-174-36b is updated in accordance with changes made to 

the California Air Resources Board low emissions vehicle program, which 

serves as the basis for R.C .S .A. section 22a-174-36b. The updated provisions 

include the "travel provisions" contained in the "zero emission vehicle" 

program. Travel provisions amend methods by which manufacturers are 

credited when placing zero emission or other advanced technology vehicles in 

service in either California or any state that has adopted California's motor 

vehicle emission control program under section 177 of the federal Clean Air 

Act. 

" Third, technical changes consistent with California's vehicle recall provisions 

are included. 

Section 4 revises R.C.S.A. section 22a-174-27(e) in accordance with Public Act 07-167 to 

eliminate composite motor vehicles from Connecticut's motor vehicle inspection program. 

22 
Attachment 2 

List of Individuals Submitting Comment 

l . Anne E. Arnold, Manager 

Air Quality Planning Unit, Office of Ecosystem Protection 

United States Environmental Protection Agency 

Region 1 

1 Congress Street, Suite 1100 

Boston, MA 02114-2023 

2. The Large Volume Manufacturers 

Chrysler LLC, Ford Motor Co., General Motors Corp., 

American Honda Motor Co. Inc., Nissan North America, Inc., 

Toyota Motors North America, Inc. 

3 . Charles Rothenberger, Staff Attorney 

Connecticut Fund for the Environment 

205 Whitney Avenue, First Floor 

New Haven, CT 06511-3725 

4. David N. Patterson, P.E. 

Senior Manager, Mobile Emissions 

Mitsubishi Motors R&D of America 

6430 W. Katella Avenue 

Cypress, CA 90630 
Attachment 3 

Final Text of Section 36b and Section 27 
Section 1. Subsection (c) of section 22a-174-36b of the Regulations of Connecticut State 

Agencies is amended to read as follows: 

(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 passenger car or light duty truck or a 2009 or subsequent model 

year medium-duty vehicle or medium-duty passenger 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),.er 1962(a), or 1962.1(a); 

(B) Until December 31, 2008, the [The] emission control label [or] and smog index 

label or environmental performance 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 ; 

(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; and 

(H) The greenhouse gas emission standards set forth in the California Code of 

Regulations, Title 13, section 1961 .1[.] and 

(1) On or after January 1, 2009, the emission control label and environmental 

performance label requirements, including smog and greenhouse gas index scores 

set forth in the California Code of Regulations, Title 13, section 1965. 

(2) ZEV mandate. 

(A) ' In 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 

25 
same requirements, including early credit, banking, and travel 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 of subparagraph (A) of this subdivision, an automobile 

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

this section. 

(C) Until such time that NEVs can be legally registered in Connecticut and operated 

with restrictions no more stringent than imposed by the State of California, 

manufacturers that generate ZEV credits in California through the sale of NEVs 

shall receive Connecticut credits for those sales. Such credits shall be transferred 

annually using the ZEV credit account transfer ratio determined in accordance 

with subsection (m)(3), as applicable to the manufacturer . 

Beginning with the 2009 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, banking, and travel provisions, set forth 

in the California Code of Regulations, Title 13, section 1962.1 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), (k), and (n) of this 

section. 

Sec. 2. Subsection (e) of section 22a-174-36b of the Regulations of Connecticut State 

Agencies is amended to read as follows: 

(e) Emission 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-1 

California Code of Regulations (CCR) 

Title 13 

Provisions Incorporated by Reference 

26 
Title 13 CCR Title 

I' _ 

Section T Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1 General Provisions 

Section 1900 Definitions [08/04/05] 

To be tiodated' 

4/17/09 

Article 2 Approval of Motor Vehicle Pollution Control Devices 

(New Vehicles 

Section 1956.8(g) and Exhaust Emission Standards and Test [12/14/03] 

(h) Procedures - 1985 and Subsequent Model 10/11/07 

Heavy Duty Engines and Vehicles 

Section 1960.1 Exhaust Emission Standards and Test [10/16/02] 

Procedures -1981 and through 2006 Mode 03/26/04 

Passenger Cars, Light-Duty and MediumDuty Vehicles 

Section 1961 Exhaust Emission Standards and Test [12/04/03] 

Procedures - 2004 and Subsequent Model 06/16/08 

Passenger Cars, Light-Duty Trucks and 

Medium-Duty Vehicles 

Section 1961 .1 Greenhouse Gas Exhaust Emission [08/04/05] 

Standards and Test Procedures - 2009 and O1/O1/06 

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

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

through 2008 [and Subsequent] Model 

Year Passenger Cars, Light-Duty Trucks To be tiPdated * 

and Medium-Du Vehicles 4/17/09 

Section 1962 .1 Zero Emission Vehicle Standards for 2009 ~''%~~z 

and Subsequent Model Year Passenger Te be tmdated" 

Cars, Light-Duty Trucks, and Medium- 4/17/09 

Duty Vehicles 

Section 1965 Emission Control[ and]., Smog Index, and [12/04/03] 

Environmental Performance Labels -1979 06/16/08 

and Subsequent Model Year Vehicles 

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

Requirements -1994 and Subsequent 

Model Year Passenger Cars, Light-Duty 

Trucks and Medium-Du Vehicles 

27 
Section 1968.2 Malfunction and Diagnostic System [04/21/03] 

Requirements - 2004 and Subsequent 11/09/07 

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 11/09/07 

and Subsequent Model Year Passenger 

Cars, Light-Duty Trucks, and MediumDuty Vehicles and Engines 

Section 1976 Standards and Test Procedures for Motor [11/27/99] 

Vehicle Fuel Evaporative Emissions O1/04/08 

Section 1978 Standards and Test Procedures for Vehicle [11/27/99] 

Refueling Emissions O1/04/08 

Article 6 Emission Control System Warranty 

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

11/09/07 

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

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 1990 [11/27/99] 

and Subsequent Model Year Passenger 11/09/07 

Cars, Light-Duty Trucks and Medium-Dut 

Vehicles and Motor Vehicle Engines Used 

in Such Vehicles 

Section 2038 Performance Warranty Requirements for [11/27/99] 

1990 and Subsequent Model Year 11/09/07 

Passenger Cars, Light-Duty Trucks and 

Medium-Duty Vehicles and Motor Vehicle 

Engine s 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 Testin g. 

Article 1 Assembly Line Testin g. 

Section 2062 Assembly-line Test Procedures 1998 and 11/27/99 

Subsequent Model-years. 

28 
Article 2 Enforcement of New and In-use Vehicle Standards 

Section 2 101 Compliance Testing and Inspection -New 

Vehicle Selection, Evaluation and 

Enforcement Action. 

11/27/99 

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

12/30/83 

Section 2110 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 Proce dures for In-Use Vehicle Voluntary and In fluenced Recalls. 

Section 2111 Applicability. [8/21/02] 

01/04/08 

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 Volunta 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 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] 

01/04/08 

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. 1/26/95 

29 
Article 2 .3 In-Use Vehicle Enforcement Test Procedures. 

Section 2136 General Provisions . [1/26/95] 

01/04/08 

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 Components. 

Section 2141 General Provisions . [12/28/00] 

01/04/08 

Section 2142 Alternative Procedures. 2/23/90 

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

Section 2144 Emission Warrant 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 

Article 5 Procedures for Reportin2 Failures of Emission-Related Equipment and 

Req uired Corrective Action 

Section 2166 General Provisions . O1/04/08 

Section 2166.1 Definitions. O1/04/08 

Section 2167 Emission Warranty Information Report. O1/04/08 

Section 2168 Supplemental Emissions Warranty 

Information Report . 

O1/04/08 

Section 2169 Recall and Corrective Action for Failures 01/04/08 

of Exhaust After-Treatment Devices. 

Section 2170 Recall and Corrective Action for Other 

Emission-Related Component Failures 

01/04/08 

(On-Board Dinnostic-Equipped Vehicles 

and Engines). 

Section 2171 Recall and Corrective Action for Vehicles O1/04/08 

without On-Board Diagnostic Systems, 

Vehicles with Non-Compliant On-Board 

Diagnostic Systems, or Vehicles with OnBoard Computer Malfunction. 

Section 2172 Notification of Required Recall or 

Corrective Action b the Executive Officer 

01/04/08 

Section 2172.1 Ordered or Voluntary Corrective Action O1/04/08 

Plan. 

Section 2172.2 Approval and Implementation of Correctiv O1/04/08 

Action Plan. _ 

Section 2172.3 Notification of Owners. O1/04/08 

30 
Section 2172 .4 Repair Label. O1/04/08 

Section 2172.5 Proof of Correction Certificate. 01/04/08 

Section 2172 .6 Preliminary Tests. O1/04/08 

Section 2172.7 Communication with Repair Personnel. O1/04/08 

Section 2172.8 Recordkeepin and Re orting_ 01/04/08 

Section 2172.9 Extension of Time . O1/04/08 

Section 2173 Penalties. O1/04/08 

Section 2174 Availability of Public Hearin~ O1/04/08 

Chapter 4.4 Specifica tions for Fill Pipes and Openings of Motor Vehicle Fuel Tanks. 

Section 2235 Requirements. 9/17/91 

Sec. 3. Subsection (k) of section 22a-174-36b of the Regulations of Connecticut State 

Agencies is amended to read as follows: 

(k) Recalls. 

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

and for a112009 and subsequent model year medium-duty 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 2 101 through 2120, 2122 through 2133, [and] 2135 through 2149, and 2166 through 

2174, 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 requirements set forth in California Code of Regulations, Title 13, sections 

21181 [or] 2127, or 2172 .3, provided that such notice shall contain a telephone number 

appropriate for use in the State of Connecticut. 

Sec. 4. Subsection (e) of section 22a-174-27 of the Regulations of the Connecticut State 

Agencies is amended to read as follows: 

(e) [Composite motor vehicles. For 2005 and earlier model year composite motor vehicles, the 

maximum allowable emissions shall be 4.0 VOL. % CO and 800 ppm HC. For 2006 and later 

model year composite motor vehicles, the maximum allowable emissions shall be 1 .2 VOL. % 

CO and 220 ppm HC.] Reserved. 

31 
Statement of purpose: This amendment consists of revisions to two sections of the air quality 

regulations concerning motor vehicles. Specifically, the revisions include: 

Sections 1 through 3 of the amendment revise section 22a-174-36b of the Regulations of 

Connecticut State Agencies (R.C.S .A.) in three respects: 

" First, section 22a-174-36b is updated in accordance with Public Act 06-161 to 

require manufacturers to place environmental performance labels starting on 

2009 model year and later vehicles sold or leased in Connecticut on or after 

[October 1, 2009] January 1, 2009. Labels must contain a smog score and a 

global warming score measuring the amount of greenhouse gas emissions 

from the car compared to the average emissions of all vehicle models of the 

same model year for that class of cars . The label will provide consumers with 

information on how a vehicle purchase will affect the environment. 

" Second, section 22a-174-36b is updated in accordance with changes made to 

the California Air Resources Board low emissions vehicle program, which 

serves as the basis for R.C .S .A. section 22a-174-36b. The updated provisions 

include the "travel provisions" contained in the "zero emission vehicle" 

program. Travel provisions amend methods by which manufacturers are 

credited when placing zero emission or other advanced technology vehicles in 

service in either California or any state that has adopted California's motor 

vehicle emission control program under section 177 of the federal Clean Air 

Act. 

" Third, technical changes consistent with California's vehicle recall provisions 

are included. 

Section 4 revises R.C.S.A. section 22a-174-27(e) in accordance with Public Act 07-167 to 

eliminate composite motor vehicles from Connecticut's motor vehicle inspection program. 
Attachment 4 

California Environmental Performance Label 
California Environmental Performance Label 

I Global 

warming 

me is based 

on greenhouse 

gas emas~ats 

fr~ns the vehicle 

operation and fueC 

production. 

Protect the environment, choose vehicles with higher scores: 

Global Warming Score Smog Score 

Scales 

compare 

emissions 

between all 

vehicle 

classes. 

, smog 

score is 

based on smog 

for emissions 

fro¬ n vehicle 

operation. 

The higher ' 

the scare, the 

cleaner the vehicle. 

10 is the best 

possible. , 

7 6 

10 1 

Average CleanESC ~,,,,~/~ Average 

newvei3ick ._../~` newvchictr 

1p 

This web site 

highlights 

ihe 

cteanest vehicles 

an the market . 

I vehicles, when using an a4tarrraz'rme fae!, scares mayirnprerve. See www.DriveCl 

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avera~e 

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35.