[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15314]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[ME12-1-6320; A-1-FRL- 5003-2]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Vehicle Inspection and Maintenance Program in Kennebec, Knox, 
Lincoln, and Sagadahoc Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan 
revision submitted by the State of Maine. This revision establishes and 
requires the inspection and maintenance of motor vehicles in the 
counties of Kennebec, Knox, Lincoln, and Sagadahoc. A revision 
requesting this approval was submitted by the State of Maine on 
November 1, 1993. This revision was supplemented by a May 17, 1994 
letter from Maine requesting expedited approval of the portion of the 
Maine inspection and maintenance program not required by the EPA's 
final inspection and maintenance rule.
    This action will have a beneficial effect on air quality by 
reducing emissions in the counties of Kennebec, Knox, Lincoln, and 
Sagadahoc due to the implementation of a vehicle inspection and 
maintenance program. It is being taken under section 110 of the Clean 
Air Act.
DATES: Comments must be received on or before July 25, 1994.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air, 
Pesticides and Toxics Management Division, U.S. Environ- mental 
Protection Agency, Region I, JFK Federal Bldg. (AAA), Boston, MA 02203. 
Copies of the State submittal and EPA's technical support document are 
available for public inspection during normal business hours, by 
appointment at the Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region I, One Congress Street, 10th 
floor, Boston, MA and the Bureau of Air Quality Control, Department of 
Environmental Protection, 71 Hospital Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, (617) 565- 3233.

SUPPLEMENTARY INFORMATION: On November 1, 1993, the Maine Department of 
Environmental Protection (DEP) submitted a revision to its State 
Implementation Plan (SIP) to establish an inspection and maintenance 
(I/M) program for vehicles. EPA is proposing to approve this SIP 
revision submitted by the State of Maine. This revision was 
supplemented by a May 17, 1994 letter from Maine requesting expedited 
approval of the portion of the Maine I/M program not required by the 
EPA's final I/M rule. Accordingly, this revision establishes and 
requires the I/M of motor vehicles in the counties of Kennebec, Knox, 
Lincoln, and Sagadahoc. While this revision achieves substantial 
emission reductions, it is not being submitted to meet I/M requirements 
of the Clean Air Act (CAA) as defined in EPA's final I/M rule published 
in the Federal Register on November 5, 1992 because I/M is not a 
required program in these areas. Rather this revision is being 
submitted, in part, pursuant to requirements established in section 
182(b)(1) of the CAA which requires that certain nonattainment areas 
achieve a prescribed level of emission reductions (i.e., a 15 percent 
reduction of volatile organic compounds (VOC) in all moderate ozone 
nonattainment areas).

Background

    Maine is part of the Ozone Transport Region (OTR). Section 
184(b)(1)(A) requires certain areas of the OTR to adopt and implement 
an I/M program meeting EPA's enhanced I/M performance standard as 
defined in EPA's final I/M rule (57 FR 52950, November 5, 1992). In 
addition, the I/M rule requires that all moderate ozone nonattainment 
areas containing urbanized areas with a population greater than 50,000 
must implement a program meeting the basic I/M performance standard. 
Maine is affected by both of these provisions in certain areas of the 
State. Maine intends to revise its regulations for the required areas 
in the near future so that EPA may fully approve the program for the 
area as meeting all of the requirements of EPA's final I/M rule 
relating to enhanced I/M. EPA will be taking separate rulemaking action 
with regard to the approvability of Maine's I/M program for areas 
required to implement either basic or enhanced I/M. Again, since Knox, 
Kennebec, Lincoln, and Sagadahoc Counties are not required to implement 
I/M, the State of Maine has requested approval for those areas in order 
to make the resultant emission reductions federally enforceable in the 
event that the EPA does not fully approve the enhanced I/M program. EPA 
may withdraw this separate rulemaking action approval in the event that 
EPA fully approves the enhanced I/M program since this action would be 
superseded by final approval of the enhanced I/M program for the entire 
area.
    Today's proposed rulemaking involves an I/M program which will be 
implemented in four counties in the State of Maine. Although, the 
program which will be implemented in many ways approximates an enhanced 
I/M program as defined in EPA's final I/M rule, today's rulemaking only 
affects areas for which no inspection and maintenance program is 
required under EPA's I/M rule. Accordingly, this revision is not being 
approved pursuant to the specific EPA requirements set forth by EPA's 
I/M rule, but rather as strengthening the SIP. The effect of approving 
this revision at this time, rather than waiting for a program which 
meets the enhanced I/M rule requirements, is that emission reductions 
from this program will be part of the federally approved SIP and can be 
credited for other purposes.
    The program submitted requires biennial, transient (known as the 
IM240 test), purge and pressure testing on most 1968 and newer vehicles 
registered in these counties. Owners of vehicles failing the test must 
repair these vehicles to pass the emission tests. The program also 
establishes a ``minimum cost of repairs'' under which a car that still 
fails the emission test after expending this amount of money, may be 
waived from further required expenditures (i.e., a waiver). While fewer 
vehicles are subject to the Clean Air Act required minimum expenditure 
of $450 before obtaining a waiver than would be necessary to meet EPA's 
I/M rule for an enhanced program, the vehicles tested and repaired as 
part of this program will result in substantially fewer emissions of 
volatile organic compounds (VOC), nitrogen oxides (NOx), and carbon 
monoxide (CO) for vehicles registered in these counties. As stated 
above, Maine is implementing this program, in part, to meet it 
obligations under section 182(b)(1) of the CAA to achieve a 15 percent 
VOC reduction in all moderate ozone nonattainment areas. In addition, 
since this program is not a required program under EPA's final I/M 
rule, Maine may allow some, or all, of the nitrogen oxide emission 
reductions generated by implementation of this program to be allowed 
for use as offsets under the new source review program. This action 
does not propose approval of the use of these excess emissionreductions 
as offsets, it merely ensures that these emission reductions are 
federally enforceable. Emission reductions must be federally 
enforceable prior to their use.
    Maine included an analysis of the level of emission reductions 
expected from implementation of this program. The analysis is 
consistent with the level of emission reductions expected from a 
program designed in this manner. The analysis included the level of 
emission reductions expected when a program is designed with transient, 
purge and pressure testing, with the defined minimum expenditures 
required for a failing vehicle prior to being waived from further 
required repairs, and with the number of subject vehicles in these four 
counties.
    EPA's review of this material indicates that it is an approvable 
program to achieve emission reductions, thereby strengthening the SIP. 
Further, the VOC reductions achieved as part of this program are 
necessary to achieve the required emission reductions as established 
under section 182(b)(1). EPA is proposing to approve Maine's November 
1, 1993 submittal for an I/M program in the counties of Kennebec, Knox, 
Lincoln, and Sagadahoc. EPA is soliciting public comments on the issues 
discussed in this proposal or on other issues relevant to this matter. 
These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to the EPA Regional office listed in the 
addresses section of this action.

Proposed Action

    EPA is proposing to approve this SIP revision submitted by the 
State of Maine. This revision establishes and requires the inspection 
and maintenance of motor vehicles (I/M program) in the counties of 
Kennebec, Knox, Lincoln, and Sagadahoc.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for a period of two 
years. The EPA has submitted a request for a permanent waiver for Table 
2 and Table 3 SIP revisions. The OMB has agreed tocontinue the waiver 
until such time as it rules on EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410 (a)(2).
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan. Each request for revision to 
the State implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    The Administrator's decision to approve or disapprove the SIP 
revision will be based on whether it meets the requirements ofsection 
110(a)(2)(A)-(K) and 110(a)(3) of the Clean Air Act, as amended, and 
EPA regulations in 40 CFR part 51.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: June 13, 1994.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 94-15314 Filed 6-22-94; 8:45 am]
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