[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17006]


[[Page Unknown]]

[Federal Register: July 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[W142-01-6260; FRL-5012-4]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Enhanced Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve portions and to conditionally 
approve other portions of a State Implementation Plan (SIP) revision 
submitted by the State of Wisconsin on November 15, 1993, if the State 
submits certain items prior to final action. This revision establishes 
and requires the implementation of an enhanced motor vehicle inspection 
and maintenance (I/M) program in the Milwaukee Severe ozone 
nonattainment area, which has 17 years to attain the National Ambient 
Air Quality Standards (NAAQS) pursuant to section 181(a)(2) of the 
Clean Air Act (Act), and the Sheboygan Moderate ozone nonattainment 
area. This action is being taken under section 110 of the Act. Should 
the State fail to timely submit the items described below, EPA is 
proposing in the alternative to disapprove or conditionally approve the 
SIP.

DATES: Comments must be received on or before August 15, 1994.

ADDRESSES: Comments may be mailed to: Carlton Nash, United States 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
Air Toxics and Radiation Branch, Regulation Development Section, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the documents relevant to this action are available at 
the above address for public inspection during normal business hours.

FOR FURTHER INFORMATION CONTACT: John M. Mooney, (312) 886-6043.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Motor vehicles are significant contributors of volatile organic 
compounds (VOC), carbon monoxide (CO) and nitrogen oxide (NOX) 
emissions. An important control measure to reduce these emissions is 
the implementation of a motor vehicle inspection and maintenance (I/M) 
program. Despite being subject to the most rigorous vehicle pollution 
control program in the world, cars and trucks still create about half 
of the ozone air pollution and nearly all of the carbon monoxide and 
other toxic contaminant air pollution in U.S. cities. Of all highway 
vehicles, passenger cars and light trucks emit most of the vehicle-
related carbon monoxide and ozone-forming hydrocarbons. They also emit 
substantial amounts of nitrogen oxides and air toxics. Although the 
U.S. has made progress in reducing emissions of these pollutants, total 
fleet emissions remain high. This is because the number of vehicle 
miles travelled on U.S. roads has doubled in the last 20 years to 2 
trillion miles per year, offsetting much of the technological progress 
in vehicle emission control over the same 2 decades. Projections 
indicate that the steady growth in vehicle travel will continue.
    Today's cars are absolutely dependent on properly functioning 
emission controls to reduce pollution levels. Minor malfunctions in the 
emission control system can increase emissions significantly, and the 
average car on the road emits three to four times the new car standard. 
Major malfunctions in the emission control system can cause emissions 
to skyrocket. As a result, 10 to 30 percent of cars are causing a 
significantly larger percentage of the vehicle-related pollution 
problem. Unfortunately, it is rarely obvious which cars fall into this 
category, as the emissions themselves may not be noticeable and 
emission control malfunctions do not necessarily affect the performance 
of the vehicle.
    Effective I/M programs, however, can identify these problem cars 
and assure their repair. I/M programs ensure that cars are properly 
maintained, producing emission reductions soon after the program is put 
in place.
    EPA projects that ``enhanced'' I/M programs in the most polluted 
cities around the country would cut vehicle VOC emissions by 32 
percent, at a cost of about $12.50 per vehicle per year. This 
represents a major step toward fulfilling, at a relatively low cost, 
the Act's (the Act) requirement that the most seriously polluted cities 
achieve a 24 percent overall emissions reduction by 2000.
    The Clean Air Act as amended in 1990 requires that most polluted 
cities adopt either ``basic'' or ``enhanced'' I/M programs, depending 
on the severity of the problem and the population of the area. The 
Moderate ozone nonattainment areas, as well as Marginal ozone areas 
with existing or previously required I/M programs, fall under the 
``basic'' I/M requirements. Enhanced programs will be required in 
serious, severe, and extreme ozone nonattainment areas with urbanized 
populations of 200,000 or more; CO areas that exceed a 12.7 parts per 
million (ppm) design value\1\ with urbanized populations of 200,000 or 
more; and all metropolitan statistical areas (MSA) with populations of 
100,000 or more in the Northeast Ozone Transport Region (OTR).
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    \1\The air quality design value is estimated using EPA guidance. 
Generally, the fourth highest monitored value with 3 complete years 
of data is selected as the ozone design value because the standard 
allows one exceedance for each year. The highest of the second high 
monitored values with 2 complete years of data is selected as the 
carbon monoxide design value.
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    ``Basic'' and ``enhanced'' I/M programs both achieve their 
objectives by identifying vehicles that have high emissions as a result 
of one or more malfunctions, and requiring them to be repaired. An 
``enhanced'' program covers more of the vehicles in operation, employs 
inspection methods better suited to finding high emitting vehicles, and 
has additional features to better assure that all vehicles are tested 
properly and effectively repaired.
    The Act requires States to make changes to improve existing I/M 
programs or to implement new ones for certain nonattainment areas. 
Section 182(a)(2)(B) of the Act requires EPA to publish updated 
guidance for State I/M programs, taking into consideration findings of 
the Administrator's audits and investigations of these programs. The 
Act further requires each area required to have an I/M program to 
incorporate this guidance into the SIP. Based on these requirements, 
EPA promulgated I/M regulations on November 5, 1992 (57 FR 52950, 
codified at 40 Code of Federal Regulations (CFR) parts 51.350-51.373).
    Under sections 182(c)(3), 187(a)(6) and 187(b)(1) of the Act, any 
area having a 1980 Bureau of Census-defined urbanized area population 
of 200,000 or more and that is designated as either: (1) a serious or 
worse ozone nonattainment area or (2) a moderate or serious CO 
nonattainment areas with a design value greater than 12.7 ppm, shall 
implement enhanced I/M in the 1990 Census-defined urbanized area.
    The Act requires basic I/M programs to be implemented in the 1990 
Census-defined urbanized area of the following nonattainment areas: (1) 
Any area which is classified as moderate ozone nonattainment and is not 
required to implement enhanced I/M, or (2) any area outside the OTR 
that is classified as serious or worse ozone nonattainment or moderate 
or serious CO nonattainment with a design value greater than 12.7 ppm 
and having a 1990 Census-defined urbanized area population of less than 
200,000. Any areas classified as marginal ozone nonattainment or 
moderate CO nonattainment with a design value of 12.7 ppm or less shall 
continue operating existing programs that are part of an approved SIP 
as of November 15, 1990, or implement the basic program required for 
the area by the pre-Amended Act, and shall update the program to meet 
the basic I/M requirements set forth in 40 CFR parts 51.350-373.
    The I/M regulation establishes minimum performance standards for 
basic and enhanced I/M programs as well as requirements for the 
following: network type and program evaluation; adequate tools and 
resources; test frequency and convenience; vehicle coverage; test 
procedures and standards; test equipment; quality control; waivers and 
compliance via diagnostic inspection; motorist compliance enforcement; 
motorist compliance enforcement program oversight; quality assurance; 
enforcement against contractors, stations and inspectors; data 
collection; data analysis and reporting; inspector training and 
licensing or certification; public information and consumer protection; 
improving repair effectiveness; compliance with recall notices; on-road 
testing; SIP revisions; and implementation deadlines. The performance 
standard for basic I/M programs remains the same as it has been since 
initial I/M policy was established in 1978, pursuant to the 1977 
amendments to the Act. The performance standard for enhanced I/M 
programs is based on a high-technology test, known as IM240, for new 
technology vehicles (i.e., those with closed-loop control and, 
especially, fuel-injected engines), including a transient loaded 
exhaust short test incorporating hydrocarbons (HC), CO and NOX 
cutpoints, an evaporative system integrity (pressure) test and an 
evaporative system performance (purge) test. The Federal regulation 
requires enhanced I/M programs to be implemented by January 1, 1995, 
except for: (1) Existing test-and-repair programs which may test 30 
percent of the subject fleet in the test-only system during 1995 and 
test all subject vehicles in the test-only system beginning January 1, 
1996 (during the phase in period, existing requirements may continue to 
apply for the test-and-repair portion of the program until it is phased 
out by January 1, 1996) or (2) Areas starting new test-only programs 
and those with existing test-only programs may phase in the new test 
procedures between January 1, 1995 and January 1, 1996; however, all 
other program requirements must be fully implemented by January 1, 
1995.

II. Background

    The State of Wisconsin currently contains 2 ozone nonattainment 
areas which are required to implement I/M programs in accordance with 
the Act. The Milwaukee severe-17 ozone nonattainment area contains the 
Milwaukee-Racine MSA which has a 1980 Census-defined population of 
1,572,000 and therefore must implement an enhanced I/M program. The 
Sheboygan moderate ozone nonattainment area contains the Sheboygan MSA 
and, as a result, is subject to the basic I/M requirements. 40 CFR part 
51.372(b)(2)) requires affected States to submit full I/M SIP revisions 
that meet the requirements of the Act to EPA by November 15, 1993.
    On November 15, 1993, the Wisconsin Department of Natural Resources 
(WDNR) submitted to EPA a revised SIP for an enhanced I/M program to 
cover areas where both the basic and the enhanced requirements apply. 
The revision included Wisconsin Statutes Sections 110.20 and 144.42 and 
Chapter 341; Wisconsin Administrative Code Chapters TRANS 131 and NR 
485; and the ``Wisconsin Motor Vehicle Inspection Program Request for 
Proposal for the Establishment and Operation of Motor Vehicle 
Inspection Program Facilities.'' The State I/M regulations were adopted 
by WDNR in June 1993 and became effective on July 1, 1993.
    EPA's summary of the requirements of the Federal I/M regulations as 
found in 40 CFR part 51.350-51.373 and its analysis of the State 
submittal are below. A more detailed analysis of the State submittal is 
contained in a Technical Support Document (TSD) dated June 6, 1994, 
which is available from the Region 5 office, listed in the ADDRESSES 
section. Parties desiring additional details on the Federal I/M 
regulation are referred to the November 5, 1992 Federal Register notice 
(57 FR 52950) or 40 CFR parts 51.350-51.373.

III. EPA's Analysis of Wisconsin's Enhanced I/M Program

Applicability--40 CFR 51.350

    Section 182(c)(3) of the Act and 40 CFR 51.350(a) require States 
which contain areas classified as serious or worse ozone nonattainment 
and containing MSAs with a population of 200,000 or more to implement 
an enhanced I/M program. As noted above, the State of Wisconsin 
contains the Milwaukee-Racine MSA in its Milwaukee Severe-17 ozone 
nonattainment area. In addition, section 182(b)(4) of the Act and 40 
CFR part 51.530(a) require States with moderate ozone nonattainment 
areas containing 1990 Census-defined urbanized areas to implement a 
basic I/M program. The State of Wisconsin contains the Sheboygan 
urbanized area where this requirement applies.
    There are 6 counties in Wisconsin that are required to implement an 
enhanced I/M program: Kenosha, Milwaukee, Ozaukee, Racine, Washington, 
and Waukesha Counties. There is one county, Sheboygan County, that is 
required to implement a basic I/M program. The State has, however, 
expanded the existing program in the Milwaukee area to cover Sheboygan.
    The State submittal does contain the legal authority necessary to 
establish the program boundaries for enhanced I/M. The program 
boundaries meet the Federal I/M requirements under section 51.350 and 
are approvable. Wisconsin legislation provides that the I/M program 
shall apply where an area will not be able to attain the National 
Ambient Air Quality Standards (NAAQS) without it, and that such 
coverage can be deleted if demonstrated that the area will attain the 
NAAQS. This provision allows Wisconsin to add areas to the existing 
program but does not limit the applicability of the program in the 
required areas.
    The Federal I/M regulation requires that the State program shall 
not terminate until it is no longer necessary. EPA has determined that 
a SIP which does not terminate prior to the attainment deadline for 
each applicable area (i.e., 2007 for the Milwaukee severe-17 ozone 
nonattainment area, and 1996 for the Sheboygan moderate ozone 
nonattainment area) satisfies this requirement. The Wisconsin program 
does not contain a termination provision and is therefore approvable.

Enhanced I/M Performance Standard--40 CFR 51.351

    The enhanced I/M program must be designed and implemented to meet 
or exceed a minimum performance standard, which is expressed as 
emission levels in area-wide average grams per mile (gpm) for certain 
pollutants. Areas shall meet the performance standard for the 
pollutants which cause them to be subject to enhanced I/M requirements. 
In the case of ozone nonattainment areas, the performance standard must 
be met for both NOX and VOCs. The performance standard shall be 
established using local characteristics, such as vehicle mix and local 
fuel controls, and model I/M program parameters for the following: 
network type, start date, test frequency, model year coverage, vehicle 
type coverage, exhaust emission test type, emission standards, emission 
control device, evaporative system function checks, stringency, waiver 
rate, compliance rate and evaluation date. The emission levels achieved 
by the state's program design shall be calculated using the most 
current version, at the time of submittal, of the EPA mobile source 
emission factor model. At the time of the Wisconsin submittal the most 
current version was MOBILE5a.
    The Wisconsin submittal includes the following program design 
parameters:

    network type--centralized
    start date--1984 for exhaust testing; 1995 for evaporative testing
    test frequency--biennial
    model year coverage--1968+
    vehicle type coverage--LDGV, LDGT1, LDGT2, & HDGV
    exhaust emission test type--IM240 on 1968+ model years
    emission standards--0.8/20/2.0 gms/mile for HC/CO/NOX to year 
2000; 0.6/15/1.5 gms/mile for HC/CO/NOX after year 2000
    emission control device visual inspection--none
    evaporative system function checks--pressure and purge on 1971+ 
model years
    stringency (pre-1981 failure rate)--40%
    waiver rate (pre-1981/1981 and newer)--3%
    compliance rate--96%
    evaluation date(s)--2000, 2003, 2006, 2008

    The Wisconsin program design parameters meet the Federal I/M 
regulations and are approvable.
    The emission levels achieved by the State were modeled using 
MOBILE5a. The modeling demonstration was performed correctly, used 
local characteristics and demonstrated that the program design will 
exceed the minimum enhanced I/M performance standard, expressed in gpm, 
for VOCs and NOX for each milestone and for the attainment 
deadline. As noted below, this modeling demonstration does not account 
for the impact of vehicle exemptions. In addition, this modeling 
demonstration was not included in the State's November 15, 1993, 
submittal and has yet to be formally submitted to EPA as a revision to 
the SIP. In order to receive full approval of its SIP, the State must 
revise its modeling demonstration to account for exempted vehicles and 
must formally submit this demonstration in time to allow EPA to place 
it in the docket 2 weeks prior to the close of the public comment 
period which is 30 days following the publication of this notice.

Network Type and Program Evaluation--40 CFR 51.353

    Enhanced I/M programs shall be operated in a centralized test-only 
format, unless the State can demonstrate that a decentralized program 
is equally effective in achieving the enhanced I/M performance 
standard. The enhanced program shall include an ongoing evaluation to 
quantify the emission reduction benefits of the program and to 
determine if the program is meeting the requirements of the Act and the 
Federal I/M regulation. The SIP shall include details on the program 
evaluation and shall include a schedule for submittal of biennial 
evaluation reports, data from a State monitored or administered mass 
emission test of at least 0.1 percent of the vehicles subject to 
inspection each year, description of the sampling methodology, the data 
collection and analysis system and the legal authority enabling the 
evaluation program.
    The State legislative authority and the State I/M regulations 
provide for a centralized, test-only network. Wisconsin's centralized, 
test-only network type is approvable. The submittal does not, however, 
include provisions for ongoing program evaluation and, as a result, 
does not meet the Federal I/M regulations. In order to receive final 
full approval of its program, the State must submit to EPA provisions 
for ongoing program evaluation satisfying all of the requirements of 40 
CFR part 51.353. Specifically, the State must submit schedules for 
program evaluation and methodologies by which this biennial program 
evaluation will be carried out, as required by 40 CFR part 51.353. EPA 
proposes to approve the Wisconsin enhanced I/M SIP if the State submits 
these provisions in time to allow EPA to place them in the docket for 
public comment at least 2 weeks prior to the close of the public 
comment period.

Adequate Tools and Resources--40 CFR 51.354

    The Federal regulation requires the State to demonstrate that 
adequate funding of the program is available. A portion of the test fee 
or a separately assessed per vehicle fee shall be collected, placed in 
a dedicated fund and used to finance the program. Alternative funding 
approaches are acceptable if it is demonstrated that the funding can be 
maintained. Reliance on funding from the State or local General Fund is 
not acceptable unless doing otherwise would be a violation of the 
State's constitution. The SIP shall include a detailed budget plan 
which describes the source of funds for personnel, program 
administration, program enforcement, and purchase of equipment. The SIP 
shall also detail the number of personnel dedicated to the quality 
assurance program, data analysis, program administration, enforcement, 
public education and assistance and other necessary functions.
    The Wisconsin submittal does not contain a description of funding 
sources for the I/M program. In order to receive full approval, the 
State must submit to EPA a description of the method by which the 
program will be funded. This description must demonstrate that 
sufficient funds, equipment and personnel have been appropriated to 
meet the program operation requirements of the I/M rule and must be 
submitted prior to EPA's final rulemaking on this submittal. EPA 
proposes to approve the SIP if Wisconsin submits this description in 
time to allow EPA to place it in the docket 2 weeks prior to the close 
of the public comment period.

Test Frequency and Convenience--40 CFR 51.355

    The enhanced I/M performance standard assumes an annual test 
frequency; however, other schedules may be approved if the performance 
standard is achieved. The SIP shall describe the test year selection 
scheme, shall State how the test frequency is integrated into the 
enforcement process and shall include the legal authority, regulations, 
or contract provisions necessary to implement and enforce the test 
frequency requirement. The program shall be designed to provide 
convenient service to the motorist by ensuring short waiting times, 
short driving distances and regular testing hours.
    The Wisconsin enhanced I/M regulation provides for a biennial test 
frequency. Based on the performance standard modeling provided by the 
State, the enhanced I/M program meets the performance standard 
accounting for the biennial test frequency. On April 13, 1994, The 
Wisconsin State Legislature enacted legislation which provides the 
legal authority to implement and enforce the biennial test frequency. 
This newly adopted legislation has not yet been formally submitted to 
EPA as a revision to the SIP, however, once submitted, this authority 
will be acceptable. EPA proposes to approve the Wisconsin SIP if the 
State formally submits this revised legislation prior to EPA's final 
action. EPA has included this legislation in the docket for this 
proposed rulemaking. The Wisconsin I/M Request for Proposal (RFP) 
provides sufficient evidence that convenient services will be provided 
to the motorist. The Wisconsin submittal will meet the test frequency 
and convenience requirements of the Federal I/M regulations and is 
approvable upon EPA's receipt of the state's newly enacted legislation.

Vehicle Coverage--40 CFR 51.356

    The performance standard for enhanced I/M programs assumes coverage 
of all 1968 and later model year light duty vehicles and light duty 
trucks up to 8,500 pounds gross vehicle weight rating (GVWR), and 
includes vehicles operating on all fuel types. Other levels of coverage 
may be approved if the necessary emission reductions are achieved. 
Vehicles registered or required to be registered within the I/M program 
area boundaries and fleets primarily operated within the I/M program 
area boundaries and belonging to the covered model years and vehicle 
classes comprise the subject vehicles. Fleets may be officially 
inspected outside of the normal I/M program test facilities, if such 
alternatives are approved by the program administration, but shall be 
subject to the same test requirements using the same quality control 
standards as non-fleet vehicles and shall be inspected in independent, 
test-only facilities, according to the requirements of 40 CFR part 
51.353(a).
    The Federal I/M regulation requires that the SIP shall include the 
legal authority or rule necessary to implement and enforce the vehicle 
coverage requirement, a detailed description of the number and types of 
vehicles to be covered by the program and a plan for how those vehicles 
are to be identified including vehicles that are routinely operated in 
the area but may not be registered in the area, and a description of 
any special exemptions including the percentage and number of vehicles 
to be impacted by the exemption.
    The Wisconsin enhanced I/M legislation, enacted April 13, 1994, 
requires coverage of all 1968 and newer light duty vehicles and trucks 
up to 14,000 pounds GVWR, which are registered or required to be 
registered in the I/M program area. The Wisconsin legislation and the 
state's I/M regulations provide the legal authority to implement and 
enforce the vehicle coverage. This level of coverage is approvable 
because it provides the necessary emission reductions. The State RFP 
also describes general requirements related to vehicle coverage. The 
State submittal does not contain estimates of the number of registered 
or unregistered vehicles in the area or methods for identifying subject 
vehicles. These items will be described in more detail in the states 
final, signed I/M contract, which must be submitted to EPA prior to 
EPA's final rulemaking, in order to receive full approval on its 
submittal. EPA proposes to approve the SIP if Wisconsin submits the 
contract in time to allow EPA to place it in the docket 2 weeks prior 
to the close of the public comment period.
    The state's November 15, 1993, SIP submittal does not adequately 
address fleet testing requirements. Existing regulations allow for the 
self testing and repair of fleets and directly contradict the 
requirements of the final I/M rule. The State is moving forward to 
amend its TRANS 131 rule to establish detailed provisions for the 
testing of fleets in accordance with EPA's final rule. In its 
submittal, the State indicates that these rule changes cannot be 
completed prior to EPA's final action. EPA proposes to conditionally 
approve this portion of the state's submittal if the State commits 
prior to final rulemaking to completing these amendments within one 
year of EPA's final conditional approval. The state's plan for testing 
fleet vehicles must meet the requirements of the Federal I/M 
regulation.
    The State regulation provides for limited special exemptions. In 
its submittal the State did not provide a description of the 
exemptions' impact on the subject fleet. In addition, the modeling 
demonstration submitted by the State does not account for these 
exemptions in the emission reduction analysis. The State must describe 
the extent of the exemptions impact in accordance with 40 CFR part 
51.356 in order for EPA to fully approve the state's submittal. EPA 
proposes to approve the SIP if the State submits, in time to allow EPA 
to place it in the docket 2 weeks prior to the close of the public 
comment period, a description that indicates that the performance 
standard will not be adversely affected.

Test Procedures and Standards--40 CFR 51.357

    Written test procedures and pass/fail standards shall be 
established and followed for each model year and vehicle type included 
in the program. Test procedures and standards are detailed in 40 CFR 
part 51.357 and in the EPA document entitled ``High-Tech I/M Test 
Procedures, Emission Standards, Quality Control Requirements, and 
Equipment Specifications'', EPA-AA-EPSD-IM-93-1, dated July 1993.
    The State I/M RFP includes a general provision for loaded tailpipe 
emission, evaporative system purge, and evaporative system pressure 
testing. Detailed descriptions of the test procedures and standards 
will be contained in the state's final, signed I/M contract. After 
reviewing the state's RFP, EPA believes that these test procedures and 
standards will conform to EPA approved test procedures and will be 
approvable. In order to receive full approval, the State must submit 
its final, signed contract addressing the requirements of 40 CFR part 
51.357 to EPA prior to final rulemaking. EPA proposes to approve the 
SIP if Wisconsin submits the contract in time to allow EPA to place it 
in the docket 2 weeks prior to the close of the public comment period.
    In addition, the State is currently in the process of amending its 
rule NR 485 to establish a series of increasingly stringent emission 
limits (cutpoint schedule) for VOC and NOX to correspond to those 
used in the state's modeling demonstration. In its submittal, the State 
indicates that these rule changes cannot be completed prior to EPA's 
final action. EPA proposes to conditionally approve this portion of the 
state's submittal if the State submits a commitment to EPA prior to 
final rulemaking committing to complete these amendments within one 
year of EPA's final conditional approval.
    The State is also in the process of applying for an exemption from 
NOX control requirements under section 182(f) of the Act. The 
state's contract and regulations should contain provisions for 
establishing a NOX testing requirement, however, these provisions 
may allow for establishing the NOX cutpoint in accordance with 
EPA's action on the section 182(f) petition. If EPA approves this 
petition for exemption, the I/M rule does not require NOX emission 
reductions from the program but the program must be designed to offset 
NOX increases resulting from HC and CO failures pursuant to 40 CFR 
part 51.351(d). EPA proposes to approve this portion of the SIP if the 
State submits the final contract containing NOX provisions 
consistent with this discussion in time to allow EPA to place it in the 
docket 2 weeks prior to the close of the public comment period.
    The State RFP also contains provisions requiring vehicles that have 
been altered from their original certified configuration (i.e. engine 
or fuel switching) to be tested in the same manner as other subject 
vehicles. However, detailed descriptions of these procedures will be 
contained in the state's final, signed I/M contract. After reviewing 
the state's RFP, EPA believes that these test procedures and standards 
will conform to EPA approved test procedures and will be approvable. In 
order to receive full approval, the State must submit its final, signed 
contract addressing the requirements of 40 CFR part 51.357 to EPA prior 
to final rulemaking. EPA proposes to approve the SIP if Wisconsin 
submits the contract in time to allow EPA to place it in the docket 2 
weeks prior to the close of the public comment period.

Test Equipment--40 CFR 51.358

    Computerized test systems are required for performing any 
measurement on subject vehicles. The Federal I/M regulation requires 
that the State SIP submittal include written technical specifications 
for all test equipment used in the program. The specifications shall 
describe the emission analysis process, the necessary test equipment, 
the required features, and written acceptance testing criteria and 
procedures.
    The State RFP contains general specifications for test equipment to 
be used in the program. The specifications require the use of 
computerized test systems. The specifications will be further developed 
in the final I/M contract. In order to receive full approval, the State 
must submit its final, signed contract addressing the requirements of 
40 CFR part 51.358 to EPA prior to final rulemaking. The contract must 
include performance features and functional characteristics of the 
computerized test systems which meet the Federal I/M regulations. EPA 
proposes to approve the SIP if Wisconsin submits the contract in time 
to allow EPA to place it in the docket 2 weeks prior to the close of 
the public comment period.

Quality Control--40 CFR 51.359

    Quality control measures shall insure that emission measurement 
equipment is calibrated and maintained properly, and that inspection, 
calibration records, and control charts are accurately created, 
recorded and maintained.
    The State RFP contains general provisions for the establishment of 
quality control measures for the emission measurement equipment, record 
keeping requirements, and measures to maintain the security of all 
documents used to establish compliance with the inspection 
requirements. These measures and practices will be further developed in 
the state's final I/M contract. In order to receive full approval, the 
State must submit its final, signed contract addressing the 
requirements of 40 CFR part 51.359 to EPA prior to final rulemaking. 
EPA proposes to approve the SIP if Wisconsin submits the contract in 
time to allow EPA to place it in the docket 2 weeks prior to the close 
of the public comment period.

Waivers and Compliance Via Diagnostic Inspection--40 CFR 51.360

    The Federal I/M regulation allows for the issuance of a waiver, 
which is a form of compliance with the program requirements that allows 
a motorist to comply without meeting the applicable test standards. For 
enhanced I/M programs, an expenditure of at least $450 in repairs, 
adjusted annually to reflect the change in the Consumer Price Index 
(CPI) as compared to the CPI for 1989, is required in order to qualify 
for a waiver. Waivers can only be issued after a vehicle has failed a 
retest performed after all qualifying repairs have been made. Any 
available warranty coverage must be used to obtain repairs before 
expenditures can be counted toward the cost limit. Tampering related 
repairs shall not be applied toward the cost limit. Repairs must be 
appropriate to the cause of the test failure. Repairs for 1980 and 
newer model year vehicles must be performed by a recognized repair 
technician. The Federal regulation allows for compliance via a 
diagnostic inspection after failing a retest on emissions and requires 
quality control of waiver issuance. The SIP must set a maximum waiver 
rate and must describe corrective action that must be taken if the 
waiver rate exceeds that committed to in the SIP.
    The legislative authority and State regulation provides the 
necessary authority to issue waivers, set and adjust cost limits, and 
administer and enforce the waiver system. The Wisconsin I/M regulation 
sets a $450 cost limit and allows for an annual adjustment of the cost 
limit to reflect the change in the CPI as compared to the CPI in 1989 
for the 6 county Milwaukee nonattainment area and a $200 cost limit for 
1981 and newer models and a $75 cost limit for vehicles older than 
model year 1981 in Sheboygan county. Although amended legislative 
authority requires actual expenditure of funds to qualify towards the 
cost limit, existing regulations still allow estimates of repair costs 
to qualify. The provisions of the Wisconsin legislative authority 
override the previous administrative rule in this situation. In 
addition, Wisconsin is amending its regulations to correct this 
contradiction. EPA proposes to conditionally approve the SIP based on 
Wisconsin's commitment to adopt and submit these regulatory amendments 
within one year of final action. The State must submit this commitment 
to EPA prior to final action in order to receive conditional approval. 
The regulation and RFP include provisions which address waiver criteria 
and procedures, including cost limits, tampering and warranty related 
repairs, quality control and administration. These provisions will be 
further developed in the final, signed I/M contract. In order to 
receive full approval, the State must submit its final, signed contract 
addressing the requirements of 40 CFR part 51.360 to EPA prior to final 
rulemaking. The contract must require repairs for vehicles to be 
performed by a recognized or certified repair technician. The contract 
may allow for compliance via diagnostic inspection provided the 
policies and procedures outlined in the submittal meet Federal I/M 
regulations. The State regulation allows for time extensions. The 
contract must specify the criteria for allowing time extensions and for 
tracking extensions.
    The State has set a maximum waiver rate of 3 percent for both pre-
1981 and for 1981 and later vehicles. While the State has a good 
history of maintaining the program's waiver rate, EPA is concerned that 
the State may have a problem maintaining the 3 percent waiver rate 
given the lower expenditure waiver limit in Sheboygan county (i.e., 
$450 versus $200). Therefore, in order to receive full approval the 
State must describe corrective actions to be taken if the waiver rate 
exceeds 3 percent. This waiver rate has been used in the performance 
standard modeling demonstration and is approvable. However, in its SIP 
submittal, the State did not include a formal commitment to the waiver 
and compliance rates used in the modeling demonstration. EPA proposes 
to approve the SIP if Wisconsin submits the contract, description of 
corrective actions, and appropriate commitments in time to allow EPA to 
place them in the docket 2 weeks prior to the close of the public 
comment period.

Motorist Compliance Enforcement--40 CFR 51.361

    The Federal regulation requires that compliance shall be ensured 
through the denial of motor vehicle registration in enhanced I/M 
programs unless an exception for use of an existing alternative is 
approved. Registration denial enforcement consists of rejecting an 
application for initial registration or reregistration of a used 
vehicle unless the vehicle has complied with the I/M requirement prior 
to the granting of the application. The SIP shall provide information 
concerning the enforcement process, legal authority to implement and 
enforce the program, a commitment to a compliance rate to be used for 
modeling purposes and to be maintained in practice.
    Wisconsin's legislative authority and I/M regulations provide the 
legal authority to implement a registration denial system. Wisconsin 
has set a compliance rate of 96 percent, which was used in the 
performance standard modeling demonstration. However, in its SIP 
submittal, the State did not include a formal commitment to this 
compliance rate. The submittal includes detailed information concerning 
the registration denial enforcement process which meets the Federal I/M 
regulation requirements and is approvable. The State has not submitted 
a detailed penalty schedule including a description of mandatory, 
meaningful fines for the program. The State is in the process of 
amending its TRANS 131 rule to establish a more thorough penalty 
schedule. In its submittal, the State indicates that these rule changes 
cannot be completed prior to EPA's final action. EPA proposes to 
conditionally approve this portion of the state's submittal if the 
State submits a commitment to EPA prior to final rulemaking committing 
to completing these amendments within one year of EPA's final 
conditional approval. The state's penalty schedule must meet the 
requirements of the Federal I/M regulation.

Motorist Compliance Enforcement Program Oversight--40 CFR 51.362

    The Federal I/M regulation requires that the enforcement program 
shall be audited regularly and shall follow effective program 
management practices, including adjustments to improve operation when 
necessary. The SIP shall include quality control and quality assurance 
procedures to be used to insure the effective overall performance of 
the enforcement system. An information management system shall be 
established which will characterize, evaluate and enforce the program.
    The Wisconsin RFP contains general provisions for quality control 
of the enforcement program and includes the establishment of an 
information management system. These provisions will be further 
developed in the final, signed I/M contract. In order to receive full 
approval, the State must submit its final, signed contract addressing 
the requirements of 40 CFR part 51.362 to EPA prior to final 
rulemaking. EPA proposes to approve the SIP if Wisconsin submits the 
contract in time to allow EPA to place it in the docket 2 weeks prior 
to the close of the public comment period.

Quality Assurance--40 CFR 51.363

    An ongoing quality assurance program shall be implemented to 
discover, correct and prevent fraud, waste, and abuse in the program. 
The program shall include covert and overt performance audits of the 
inspectors, audits of station and inspector records, equipment audits, 
and formal training of all State I/M enforcement officials and 
auditors. The State must submit a description of the quality assurance 
program, including written procedure manuals on the above discussed 
items, as part of the SIP.
    The Wisconsin RFP includes general provisions for a quality 
assurance program. The final, signed I/M contract will provide specific 
details and procedures for inspections, records, equipment audits, and 
formal training for all State enforcement officials will be specified 
by the final, signed I/M contract.
    In order to receive full approval, the State must submit its final, 
signed contract addressing the requirements of 40 CFR part 51.360 to 
EPA prior to final rulemaking. Detailed procedures for performing overt 
and covert audits are being developed separately from the final, signed 
I/M contract. The State must submit a description of these procedures 
to EPA in order to receive full approval of its submittal. EPA proposes 
to approve the SIP if Wisconsin submits the contract and description of 
audit procedures in time to allow EPA to place them in the docket 2 
weeks prior to the close of the public comment period.

Enforcement Against Contractors, Stations and Inspectors--40 CFR 51.364

    Enforcement against licensed stations or contractors and inspectors 
shall include swift, sure, effective, and consistent penalties for 
violation of program requirements. The Federal I/M regulation requires 
the establishment of minimum penalties for violations of program rules 
and procedures which can be imposed against stations, contractors and 
inspectors. The legal authority for establishing and imposing 
penalties, civil fines, license suspensions and revocations must be 
included in the SIP. State quality assurance officials shall have the 
authority to temporarily suspend station and/or inspector licenses 
immediately upon finding a violation that directly affects emission 
reduction benefits. The SIP shall describe the administrative and 
judicial procedures and responsibilities relevant to the enforcement 
process, including which agencies, courts and jurisdictions are 
involved, who will prosecute and adjudicate cases, the resources to be 
allocated to this function, and the source of those funds.
    The Wisconsin submittal includes the legal authority to establish 
and impose penalties against stations, contractors and inspectors. The 
State I/M regulation and legislation includes general penalty 
provisions for stations, contractors and inspectors. Specific penalty 
schedules will be detailed in the final signed, I/M contract. In order 
to receive full approval, the State must submit its final, signed 
contract addressing the requirements of 40 CFR part 51.364 to EPA prior 
to final rulemaking. In addition, the submittal does not include a 
description of administrative and judicial procedures relevant to the 
enforcement process which meets Federal I/M regulations. The State must 
submit this documentation to EPA in order for the submittal to be fully 
approved. EPA proposes to approve the SIP if Wisconsin submits the 
contract and description of administrative and judicial procedures in 
time to allow EPA to place them in the docket 2 weeks prior to the 
close of the public comment period.

Data Collection--40 CFR 51.365

    Accurate data collection is essential to the management, evaluation 
and enforcement of an I/M program. The Federal I/M regulation requires 
data to be gathered on each individual test conducted and on the 
results of the quality control checks of test equipment required under 
40 CFR part 51.359.
    The RFP contains provisions regarding the collection of data on 
each individual test conducted and generally describes the type of data 
to be collected. These provisions will be further developed in the 
final, signed I/M contract. In order to receive full approval, the 
State must submit its final, signed contract addressing the 
requirements of 40 CFR part 51.365 to EPA prior to final rulemaking. 
The submittal also commits to gather and report the results of the 
quality control checks required under 40 CFR part 51.359 and will be 
approvable upon EPA's receipt of the final, signed I/M contract. EPA 
proposes to approve the SIP if Wisconsin submits the contract in time 
to allow EPA to place it in the docket 2 weeks prior to the close of 
the public comment period.

Data Analysis and Reporting--40 CFR 51.366

    Data analysis and reporting are required to allow for monitoring an 
evaluation of the program by the State and EPA. The Federal I/M 
regulation requires annual reports to be submitted that provide 
information and statistics and summarize activities performed for each 
of the following programs: testing, quality assurance, quality control 
and enforcement. These reports are to be submitted by July of each year 
and shall provide statistics for the period of January to December of 
the previous year. A biennial report shall be submitted to EPA that 
addresses changes in program design, regulations, legal authority, 
program procedures, any weaknesses in the program found during the 
previous two-year period and how these problems will be or were 
corrected.
    The RFP provides general provisions for the analysis and reporting 
of data for the testing program, quality assurance program, quality 
control program and the enforcement program. These provisions will be 
further developed in the final, signed I/M contract. In order to 
receive full approval, the State must submit its final, signed contract 
addressing the requirements of 40 CFR 51.364 to EPA prior to final 
rulemaking. The State must also commit to submit annual reports on 
these programs to EPA by July of the subsequent year. A commitment to 
submit a biennial report to EPA, which addresses reporting requirements 
set forth in 40 CFR 51.366(e), must also be submitted to EPA in order 
to receive full approval. EPA proposes to approve the SIP if Wisconsin 
submits the contract, a commitment to submit annual reports and a 
biennial report in time to allow EPA to place them in the docket 2 
weeks prior to the close of the public comment period.

Inspector Training and Licensing or Certification--40 CFR 51.376

    The Federal I/M regulation requires all inspectors to be formally 
trained and licensed or certified to perform inspections.
    The RFP contains general provisions regarding requirements for 
inspectors' formal training, certification and licensing. The signed 
contract will include a description of the training program, the 
written and hands-on tests, and the licensing, certification processes. 
In order to receive full approval, the State must submit its final, 
signed contract addressing the requirements of 40 CFR part 51.376 to 
EPA prior to final rulemaking. EPA proposes to approve the SIP if 
Wisconsin submits the contract in time to allow EPA to place it in the 
docket 2 weeks prior to the close of the public comment period.

Public Information and Consumer Protection--40 CFR 51.368

    The Federal I/M regulation requires the SIP to include public 
information and consumer protection programs. The RFP includes a public 
information program, which educates the public on I/M, State and 
Federal regulations, air quality, the contribution of motor vehicles to 
the air pollution problem, and other items as described in the Federal 
rule. The consumer protection program, which includes provisions for a 
challenge mechanism, protection of whistle blowers and assistance to 
motorists in obtaining warranty covered repairs, will be further 
developed in the final contract. In order to receive full approval, the 
State must submit its final, signed contract addressing the 
requirements of 40 CFR part 51.364 to EPA prior to final rulemaking. 
EPA proposes to approve the SIP if Wisconsin submits the contract in 
time to allow EPA to place them in the docket 2 weeks prior to the 
close of the public comment period.

Improving Repair Effectiveness--40 CFR 51.369

    Effective repairs are the key to achieving program goals. The 
Federal regulation requires states to take steps to ensure that the 
capability exists in the repair industry to repair vehicles. The State 
shall provide the repair industry with information and assistance 
related to vehicle inspection diagnosis and repair. The SIP must 
include a description of the technical assistance program to be 
implemented, a description of the procedures and criteria to be used in 
meeting the performance monitoring requirements required in the Federal 
regulation and a description of the repair technician training 
resources available in the community.
    The RFP includes general provisions for the implementation of a 
technical assistance program, which includes a hot line service to 
assist repair technicians and a method of regularly informing the 
repair facilities of changes in the program, training courses, and 
common repair problems. A repair facility performance monitoring 
program is also included in the RFP. This program provides the motorist 
whose vehicle fails the test a summary of local repair facilities' 
performances, and requires the submittal of a completed repair form at 
the time of retest. The program also provides feedback to each repair 
facility on its repair performance. These provisions will be further 
developed in the final, signed I/M contract. In order to receive full 
approval, the State must submit its final, signed contract addressing 
the requirements of 40 CFR part 51.369 to EPA prior to final 
rulemaking. The State must also submit a description of available 
repair technician training resources. EPA proposes to approve the SIP 
if Wisconsin submits the contract and description of training resources 
in time to allow EPA to place it in the docket 2 weeks prior to the 
close of the public comment period.

Compliance With Recall Notices--40 CFR 51.370

    The Federal regulation requires the states to establish methods to 
ensure that vehicles that are subject to enhanced I/M and are included 
in a emission related recall receive the required repairs prior to 
completing the emission test or renewing the vehicle registration.
    The Wisconsin legislation provides the legal authority to require 
owners to comply with emission related recalls before completing the 
emission test. Specific procedures to be used to incorporate national 
database recall information into the State inspection database and 
quality control methods to insure that recall repairs are properly 
documented and tracked will be provided in the final, signed I/M 
contract, and will also be specified through amendments to the state's 
TRANS 131 rule. The submittal does not include a commitment to submit 
an annual report to EPA that includes the information required in 40 
CFR part 51.370(c). In its submittal, the State indicates that these 
rule changes cannot be completed prior to EPA's final action. EPA 
proposes to conditionally approve this portion of the state's submittal 
if the State submits a commitment to EPA prior to final rulemaking 
committing to completing these amendments and submitting annual reports 
within one year of EPA's final conditional approval.

On-Road Testing--40 CFR 51.371

    On-road testing is required in enhanced I/M areas. The use of 
either remote sensing devices (RSD) or roadside pullovers including 
tailpipe emission testing can be used to meet the Federal regulations. 
The program must include on-road testing of 0.5 percent of the subject 
fleet or 20,000 vehicles, whichever is less, in the nonattainment area 
or the I/M program area. Motorists that have passed an emission test 
and are found to be high emitters as a result of a on-road test shall 
be required to pass an out-of-cycle test.
    Legal authority to implement the on-road testing program and 
enforce off-cycle inspection and repair requirements is contained in 
the State legislation. The SIP submittal requires the use of RSD and 
roadside pullovers to test at least 0.5 percent of the subject fleet 
per year in the I/M program area. A description of the program which 
includes test limits and criteria, resource allocations, and methods of 
collecting, analyzing and reporting the results of the testing will be 
detailed in the final I/M contract and amendments to the state's TRANS 
131 rule. In its submittal, the State indicates that these rule changes 
cannot be completed prior to EPA's final action. EPA proposes to 
conditionally approve this portion of the state's submittal if the 
State submits a commitment to EPA prior to final rulemaking committing 
to completing these amendments within one year of EPA's final 
conditional approval.

State Implementation Plan Submissions/Implementation Deadlines--40 CFR 
51.372-373

    The Federal regulation requires enhanced I/M programs to be 
implemented by January 1, 1995 except for: (1) Existing test-and-repair 
programs, which may test 30 percent of the subject fleet in the test-
only system during 1995 and test all subject vehicles in the test-only 
system beginning January 1, 1996 (during the phase-in period, existing 
requirements may continue to apply for the test-and-repair portion of 
the program until it is phased out by January 1, 1996) or (2) Areas 
starting new test-only programs and those with existing test-only 
programs may phase in the new test procedures between January 1, 1995 
and January 1, 1996; however, all other program requirements must be 
fully implemented by January 1, 1995.
    The Wisconsin submittal included final State I/M regulations, 
preliminary legislative authority to implement the program, final 
specifications, a final RFP, procedural documents, and a discussion on 
each of the required program design elements. The submittal states that 
all inspectors and stations will be certified, that mandatory testing 
has already started, and that the start date for implementation will be 
July 3, 1995. The submittal also includes a commitment to include 
onboard diagnostic checks in the I/M program within 2 years after 
promulgation of onboard diagnostic check regulations for I/M programs. 
As noted in this proposed rulemaking, the State must timely submit its 
final, signed I/M contract, most recent changes to its I/M legislation 
enacted on April 13, 1994, final modeling demonstration, narrative 
descriptions of certain program elements, commitments to minimum 
compliance and enforcement related activity levels, and final rule 
changes or appropriate commitments prior to EPA's final rulemaking in 
order to receive final approval and conditional approval of its I/M 
submittal.
    EPA's review of the material indicates that, subject to the 
conditions and contingencies noted above, the State has adopted an 
enhanced I/M program in accordance with the requirements of the Act. 
EPA is proposing to approve and conditionally approve the Wisconsin SIP 
revision for an enhanced I/M program, which was submitted on November 
15, 1993, contingent on the timely receipt of the materials noted above 
from the State. EPA is soliciting public comments on the issues 
discussed in this notice and the additional material to be placed in 
the docket during the public comment period, or on other relevant 
matters. 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 notice.

Proposed Action

    EPA is proposing to approve portions and conditionally approve 
other portions of this revision to the Wisconsin SIP for an enhanced I/
M program. In the alternative, if Wisconsin fails to timely submit the 
materials discussed above, or if such materials do not meet the 
requirements of the Federal I/M rule, EPA proposes to disapprove the 
SIP or to conditionally approve these portions of the plan if the State 
submits the appropriate commitment(s) to remedy any deficiencies within 
one year of final conditional approval.

I. Basis for Conditional Approval

    The EPA believes conditional approval is appropriate in this case 
because the State has developed final, fully adopted rules for the 
enhanced I/M program and needs only to amend these rules to address a 
number of enhanced I/M program requirements. As a condition of the U.S. 
EPA's proposed conditional approval, the State must submit final, fully 
adopted rules to EPA no later than one year after EPA's final 
conditional approval.

II. Statement of Approvability

    Under the authority of the Governor, the Wisconsin Department of 
Natural Resources submitted a SIP revision to satisfy the requirements 
of the I/M regulation to the EPA on November 15, 1993. The Agency has 
reviewed this submittal and is proposing to approve portions and 
proposing to conditionally approve other portions of it pursuant to 
Sections 110(k) of the Act, on the condition that the portions of the 
I/M program noted above are adopted and/or submitted on the schedules 
noted in this proposed rulemaking.
    If the State fails to timely submit the required regulations and 
other material or commit to do so within one year of EPA's final 
conditional approval, EPA proposes in the alternative to disapprove the 
SIP as failing to comply with section 110 and Part D.
    If the EPA takes final conditional approval on the commitment, the 
State must meet its commitment to adopt and submit the final rule 
amendments within one year of the conditional approval. Once the EPA 
has conditionally approved this committal, if the State fails to adopt 
or submit the required rules to EPA, final approval will become a 
disapproval. EPA will notify the State by letter to this effect. Once 
the SIP has been disapproved, these commitments will no longer be a 
part of the approved nonattainment area SIPs. The EPA subsequently will 
publish a notice to this effect in the notice section of the Federal 
Register indicating that the commitment or commitments have been 
disapproved and removed from the SIP. If the State adopts and submits 
the final rule amendments to the EPA within the applicable time frame, 
the conditionally approved commitments will remain part of the SIP 
until the EPA takes final action approving or disapproving the new 
submittal. If the EPA approves the subsequent submittal, those newly 
approved rules will become a part of the SIP.
    If after considering comments on the proposal, the EPA issues a 
final disapproval or if the conditional approval portions are converted 
to a disapproval, the sanctions clock under section 179(a) will begin. 
This clock will begin on the effective date of the final disapproval or 
at the time the EPA notifies the State by letter that a conditional 
approval has been converted to a disapproval. If the State does not 
submit and the EPA does not approve the rule on which the disapproval 
was based within 18 months of the disapproval, the EPA must impose one 
of the sanctions under section 179(b)--highway funding restrictions or 
the offset sanction. In addition, the final disapproval starts the 24 
month clock for the imposition of a section 110(c) Federal 
Implementation Plan. Finally, under section 110(m) the EPA has 
discretionary authority to impose sanctions at any time after a final 
disapproval.

Procedural Background

    The OMB has exempted this action rule from Executive Order 12866 
review.
    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.
    SIP approvals under section 110 and subchapter I, Part D of the Act 
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 Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act 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).

List of Subjects in 40 CFR Part 52

    Environmental Protection, Air Pollution Control, Carbon Monoxide, 
Nitrogen oxide, Ozone, Volatile Organic Compounds.

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

    Dated: June 24, 1994.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 94-17006 Filed 7-13-94; 8:45 am]
BILLING CODE 6560-50-P