IMPORTANT: Read Instructions on 

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completing this form . Failure to comply 

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of proposed Regulations. 

REGULATION 

OF 

NAME OF AGENCY 

Environmental Protection 

Concerning 

ATTACHEMENT M 

Amendment of Section 22a-174-36b of the Regulations of Connecticut State 

Agencies, Low Emission Vehicles lI Program and Section 22a-174-27 of the 

Regulations of Connecticut State Agencies, Emission standards and onboard diagnostic 11 test requirements for periodic motor vehicle inspection 

and maintenance. 

Section 1 

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)1 [or] 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 

(I) 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 Regulations Title 13, section 1965 . 

(2) ZEV mandate. 

(A) [Beginning with] 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. 
R-39 REV. ii77 STATE OF CONNECTICUT Page 2 of 8 pages 

REGULATION 

OF 

NAME OF AGENCY 

Secs. 1-2 

Environmental Protection 

(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 

sbecific 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 

Title 13 CCR Title _ 

Section F Amended Date 

Chapter 1 Motor Vehicle Pollution Control Devices 

Article 1 General Provisions 

Section 1900 Definitions [08/04/05] 

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 
R-39 REV. 1/77 STATE OF CONNECTICUT Page 3 of 8 pages 

REGULATION 

OF 

NAME OF AGENCY 

Sec. 2 

Environmental Protection 

Title 13 CCR Title Section 

Amended Date 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 

Standards and Test Procedures - 2009 and [08/04/05] 

Subsequent Model Passenger Cars, Light- O1/01/06 

Duty Trucks and Medium-Duty Vehicles. 

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

through 2008 [and Subsequent] Model 4/17/09 

Year Passenger Cars, Light-Duty Trucks 

and Medium-Duty Vehicles 

Zero Emission Vehicle Standards for 2009 4/17/09 Section 1962 .1 and Subsequent Model Year Passenger 

Cars, Lip-ht-Duty Trucks and MediumDuty 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 

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 Eva orative Emissions O1/04/08 

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

[ Refueling Emissions Ol/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-Duty 

Vehicles and Motor Vehicle Engines Used 

in Such Vehicles 
R-39 REV. 1/77 STATE OF CONNECTICUT Page _4 of 8 pages 

REGULATION 

OF 

NAME OF AGENCY 

Sec. 2 

Environmental Protection 

Title 13 CCR Title Section 

Amended Date 

Section 2038 Performance Warranty Requirements for 

1990 and Subsequent Model Year 

Passenger Cars, Light-Duty Trucks and 

Medium-Duty Vehicles and Motor Vehicle 

Engines Used in Such Vehicles 

[11/27/99] 

11/09/07 

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 2101 

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 Procedures for In-Use Vehicle Voluntary and Influenced 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 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 Reporting 

Require ents. 

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 
R-39 REV. 1/77 STATE OF CONNECTICUT Page _5 of 8 pages 

REGULATION 

OF 

NAME OF AGENCY 

Sec. 2 

Environmental Protection 

Title 13 CCR Title . Section 

Amended Date 

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] 

O1/04/08 

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 Triggerin g 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 

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

Reguired Corrective Action 

Section 2166 General Provisions . O1/04/08 

Section 2166 .1 Definitions . 01/04/08 

Section 2167 Emission Warrant Information Re ort. Ol/04/08 

Section 2168 Supplemental Emissions Warranty 

Information Re ort. 

O1/04/08 

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

of Exhaust After-Treatment Devices. 

Section 2170 Recall and Corrective Action for Other 

Emission-Related Comt)onent Failures 

(On-Board Diagnostic-Equipped Vehicles 

O1/04/08 

I 

', 

and Engines) . 

Section 2171 Recall arid 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 

O1/04/08 

i, 

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

Plan. 
R-39 REV. 1/77 STATE OF CONNECTICUT Page 6 of 8 pages 

REGULATION 

OF 

NAME OF AGENCY 

Sees. 2-4 

Environmental Protection 

Title 13 CCR Title Section 

Amended Date 

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. 01/04/08 

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

Section 2172.6 Prelimin Tests. O1/04/08 

Section 2172 .7 Communication with Repair Personnel . Section 2172 .8 Recordkee in and Re ortin . 01/04/08 

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

Section 2173 Penalties. Ol/04/08 

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

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

Section 2235 Re uirements. 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 throug h 

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 

2118, [or] 2127, or 2172 .3, provided that such notice shall contain a telephone number 

appropriate for use in the State of Connecticut. 

Sec. 4. Subsections (b) and (e) of section 22a-174-27 of the Regulations of the Connecticut 

State Agencies is amended to read as follows: 

(b) Definitions . As used in this section : 

(1) "ASM 2525" or "Acceleration Simulation Mode Test" means an emissions test to analyze 

exhaust emissions of CO, NO, and HC performed at a steady state of twenty-five (25) miles per 

hour (mph) and utilizing a dynamometer load set to simulate twenty-five (25%) of the power 

required to accelerate the particular vehicle being tested at 3 .3 mph per second until a speed of 

twenty-five (25) mph is attained; 

(2) "CO" means carbon monoxide; 

[(3) "Composite Motor Vehicle" means a vehicle that is designated "COMP" or "COMPO" in 

the "make" field of an applicable Connecticut motor vehicle registration certificate;] 

[(4)]QJ"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the 

manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle, 
R-39 REV, ii77 STATE OF CONNECTICUT Page 6* of 8 pages 

*Page added to accommodate technical 

correction recommended by LCO, 7/29/09 

REGULATION 

OF 

NAIv1E OF AGENCY 

Sec. 4 

Environmental Protection 

or its registered gross weight, whichever is greater. The GVWR of a combination (articulated) 

vehicle commonly referred to as the "Gross Combination Weight Rating" or GCWR is the 

GVWR of the power unit plus the GVWR of the towed unit or units; 

[(5)] (4) "HC" means hydrocarbon; 

[(6)] ~Q "Heavy-duty gasoline powered vehicle" means any motor vehicle fueled by gasoline 

that is rated at greater than eight thousand five hundred (8500) pounds GVWR and less than or 

equal to ten thousand (10,000) pounds GVWR; 

[(7)](6) "Light-duty truck" or "LDT" means a motor vehicle rated at eight thousand five hundred 

(8500) pounds GVWR or less and is designed: 

(A) To transport property or ten (10) or more persons, not including the operator ; or 

(B) With features enabling off-street or off-highway operation and use; 

[(8)](7) "Light-duty vehicle" or "LDV" means a motor vehicle that is designed: 

(A) To carry not more than ten (10) persons, including the operator; and 

(B) To transport persons and their property with at least fifty percent (50%) of the total 

area enclosed by the outermost body contour lines, excluding the area enclosing the 

engine ; 

[(9)]M "Loaded opacity test procedure" means an analysis of exhaust opacity measured by an 

opacity meter and utilizing a dynamometer load; 

[(10)]LL"Loaded vehicle weight" or "LVW" means vehicle curb weight plus three hundred 

(300) pounds; 

[(11)] 1~0,) "Model year" means a motor vehicle manufacturer's annual production period that 

includes January 1 of such calendar year or, if the manufacturer has no annual production period, 

the production period that includes January 1 of such year; 

[(12)]L111"Modified snap-acceleration smoke opacity test procedure" means an analysis of 

exhaust opacity in accordance with a variant of the "snap-acceleration smoke opacity test" 

defined in section 14-164i-1 of the Regulations of Connecticut State Agencies; 

[(13)] 12 "NO" means nitric oxide; 

[(14)] 13 "On-board diagnostic II system" or "OBD II system" means a computerized selfdiagnostic system in a LDV or LDT that registers faults indicating malfunctions and 

deteriorations of the LDV's OR LDT's exhaust and evaporative emission control components ; 

[(15)]LL41"Pre-conditioned two speed idle test procedure" means an analysis of exhaust 

emissions concentrations of CO, in percent by volume (VOL . %), and HC, in parts per million 

(ppm); and 

[(16)] ( 15) "Vehicle curb weight" is defined as in 40 CFR 86,082-2. 

(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. 
R-39 REV. 1177 STATE OF CONNECTICUT Page 7 of 8 pages 

REGULATION 

OF 

NAME OF AGENCY 

Statement of Purpose 

Environmental Protection 

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 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(b) and (e) in accordance with Public Act 07-167 

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

R-39 REV. 1/77 Page g of g pages 

Be it known that the foregoing: 

® Regulations [~ Emergency Regulations 

Are: 

[] Adopted Z Amended as herinabove stated 

By the aforesaid agency pursuant to: 

® Section 22a-174 

® Section 22a-201a 

Section 14-164c(c) 

0 Public Act No. of the Public Acts. 

After Publication in the Connecticut Law Journal on November 18'h 20 08 , of the notice of the proposal to: 

7 Adopt ® Amend 7Repeal 

20 

(If applicable) : ® And the holding of an advertised public hearing on the 18'h day of 

WHEREFORE, the foregoing regulations are hereby : 

[] Adopted ® Amended as herinabove stated 

Effective: 

® When filed with the Secretary of the State 

(OR) 

[] The day of 

In Witness Whereof: 

such regulations 

0 Repealed 

, 

ea or oa , Agency or ommissro AL TITLE, DULY AU THORIZED 

a u " ~ _ C-z irn rru_ ss li6 ~-~ 

Approved by the Attorney General as to legal sufficiency 

in accordance with Sec. 4--169, as amended, C.G.S, : 

Sc+ ff " OFF 

/ ` J /l~ D~ 

, .v au 

. . . . ; ., 

` P 

[$App.rovec~ 

0 Disapproved 

~ Disapproved in part, (Indicate Section Numbers disapproved only) 

0 Rejected without prejudice. 

By the Legislative Regulation Review Committee in accordance 

with Sec. 4-170, as amended, of the General Statues 

DATE ) SIGNED ( rthe Legislati e F~ - 7a ion Revlew 

q' !aa I 0 ~( 

Co 

mmi\I ~C4"t 

Two certified copies received and filed, and one such copy forwarded to the Commission on Official Legal Publications in 

accordance with Section 4-172, as amended, of the General Statutes . 

SIGNED (Secretary o the State . ) 

INSTRUCTIONS 

1 . One copy of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the Attorney 

General for his determination of legal sufficiency. Section 4-169 of the General Statutes . 

2. Seventeen copies of all regulations for adoption, amendment or repeal, except emergency regulations, must be presented to the 

standing Legislative Regulation Review Committee for its approval . Section 4-170 of the General Statues 

3. Each Regulation must be in the form intended for publication and must include the appropriate regulation section number and section 

heading. Section 4-172 of the General Statutes . 

7 Repealed 

of the General Statutes 

of the General Statutes as amended by Public Act No. 161 of the 2006 Public Acts . 

of the General Statutes as amended by Public Act No . 167 of the 2007 Public Acts . 

Decembe,r -2t) 08 

4. Indicate by "(NEW)" in heading if new regulation . Amended regulations must contain new language underlined or in capital letters 

and deleted language in brackets . Section 4-179 of the General Statutes . 
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