[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Rules and Regulations]
[Pages 26306-26311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11827]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ME61-7010A; A-1-FRL-6338-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Approval of Fuel Control Program under Section 211(c)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maine on March 10, 1999, establishing a lower 
Reid Vapor Pressure (RVP) fuel requirement for gasoline distributed in 
southern Maine which includes York, Cumberland, Sagadahoc, Kennebec, 
Androscoggin, Knox, and Lincoln Counties. Maine has developed these 
fuel requirements to reduce emissions of volatile organic compounds 
(VOC) in accordance with the requirements of the Clean Air Act (CAA). 
EPA is approving Maine's fuel requirements into the Maine SIP because 
EPA has found that the requirements are necessary for southern Maine to 
achieve the national ambient air quality standard (NAAQS) for ozone.

DATES: This direct final rule is effective on July 13, 1999 without 
further notice, unless EPA receives adverse comment by June 14, 1999. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), U.S. Government 
Protection Agency, Region I, One Congress Street, 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 Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 11th floor, Boston, 
MA, and Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, S.W., (LE-131), 
Washington, D.C. 20460. In addition, the information is available at 
the Bureau of Air Quality Control, Department of Environmental 
Protection, 71 Hospital Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, (617) 918-1045.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Clean Air Act Amendments of 1990, southern Maine was 
divided into three separate ozone nonattainment areas: the Portland 
area which is comprised of York, Cumberland and Sagadahoc Counties; the 
Lewiston-Auburn area which is comprised of Androscoggin and Kennebec 
counties; and the Knox and Lincoln County area. Each of these areas was 
classified as moderate nonattainment for ozone. The ozone attainment 
deadline for these areas was initially November 15, 1996. Just downwind 
from these areas, the largely rural counties of Hancock and Waldo were 
designated nonattainment and classified as marginal.
    To bring these areas into attainment, the State has adopted and 
implemented a broad range of ozone control measures including stage II 
vapor recovery on larger facilities, numerous stationary and area 
source VOC controls, an inspection and maintenance (I/M) program, and 
the California low emission vehicle program. In addition, the State 
participated in the federal reformulated gasoline (RFG) program from 
January 1, 1995 until March 10, 1999 in southern Maine. These measures 
resulted in significant air quality improvements in southern Maine.
    Following adoption of the new ozone NAAQS (described below), EPA 
has determined that the 1-hour ozone standard no longer applies in 
certain

[[Page 26307]]

areas of the country that were meeting the 1-hour ozone NAAQS (63 FR 
31014, 63 FR 39432). In Maine, EPA made this determination for all 
areas outside the Portland area (63 FR 31014). On December 17, 1998, 
EPA proposed to make this determination for the Portland area (63 FR 
69598).
    On July 18, 1997, EPA adopted a new 8-hour ozone standard (62 FR 
38856). The new standard defines the new ozone air quality standard 
which all areas must meet to protect the public health. EPA is required 
to determine the attainment status of areas with respect to the new 
standard by July 18, 2000. Current monitoring data for Cumberland, 
Sagadahoc, York and Hancock counties indicate that these areas are not 
attaining the 8-hour ozone standard. Thus, despite significant progress 
toward attaining the 1-hour standard, EPA believes that additional 
reductions of ozone precursors will be required for these areas to meet 
the new standard.
    On October 13, 1998, Maine's Governor requested that EPA allow the 
State to discontinue its participation in the federal RFG program, in 
accordance with the ``opt-out'' procedures set forth in 40 CFR 80.72. 
At the same time, the Governor committed to ensure that the State adopt 
a control program which achieved VOC reductions equivalent to those 
required under the RFG program, specifically identifying fuel controls 
as the primary replacement options. EPA approved the Governor's opt-out 
request effective March 10, 1999.
    On February 24, 1999, the Maine Board of Environmental Protection 
(BEP), after a public hearing and comment period, adopted a low-RVP 
gasoline rule that set limits on the RVP of gasoline sold during the 
summer months in these seven counties in southern Maine. The rule 
establishes a phased approach with an ultimate RVP standard of 7.2 
pounds per square inch (psi). Specifically, the rule provides that, 
beginning May 1, 1999 through September 15, 1999, regulated gasoline 
must have an RVP no greater than 7.8 psi. Beginning May 1, 2000 through 
September 15, 2000, and each May 1 through September 15 thereafter, no 
gasoline may be sold with an RVP greater than 7.2 psi. The State's low-
RVP rule is codified in Chapter 119 of the Maine Department of 
Environmental Protection's regulations, entitled ``Motor Vehicle Fuel 
Volatility Limit.''
    The Department of Environmental Protection, on behalf of the BEP, 
submitted its low-RVP rule to EPA as a revision to the SIP on March 10, 
1999, the effective date of Maine's ``opt-out'' of the RFG program. On 
April 8, 1999, Maine submitted additional technical support for the SIP 
revision, including materials supporting the State's request to waive 
Clean Air Act preemption of state fuel controls pursuant to section 
211(c)(4) of the Act.
    By this low-RVP rule, Maine is ensuring that it replaces the VOC 
benefits that RFG had been required to achieve. These emission 
reductions were critical to Maine's attainment of the 1-hour ozone 
standard in several areas. Further, given currently available 
monitoring data demonstrating that some of these areas are not meeting 
the new 8-hour ozone standard, EPA believes that these reductions will 
help achieve that standard.

II. Reid Vapor Pressure

    Reid Vapor Pressure is a measure of a gasoline's volatility at a 
certain temperature and is a measurement of the rate at which gasoline 
evaporates and emits VOC; the lower the RVP, the lower the rate of 
evaporation. The RVP of gasoline can be lowered by reducing the amount 
of its volatile components, such as butane. Lowering RVP in the summer 
months can offset the effect of summer temperature upon the volatility 
of gasoline, which, in turn, lowers emissions of VOC. Because VOC is a 
necessary component in the production of ground level ozone in 
hotsummer months, reduction of RVP will help areas achieve the NAAQS 
for ozone and thereby produce benefits for human health and the 
environment.
    The primary emission benefits from low-RVP gasoline come from 
reductions in VOC evaporative emissions; exhaust emission reductions 
are much smaller. Because oxides of nitrogen (NOX) are a 
product of combustion, they will not be found in evaporative emissions, 
and low-RVP gasoline will have little or no effect on NOX.

III. State Submittal

    The fuel program for southern Maine covering York, Cumberland, 
Sagadahoc, Kennebec, Androscoggin, Knox, and Lincoln Counties 
establishes limits on gasoline properties that reduce emissions of VOC. 
The rule controls the RVP of gasoline sold in this area in two steps. 
Beginning May 1, 1999 through September 15, 1999, the gasoline sold 
must have an RVP no greater than 7.8 psi, and from May 1, 2000 through 
September 15, 2000, and each May 1 through September 15 thereafter, no 
gasoline may be sold with an RVP greater than 7.2 psi. These same 
counties in Maine had previously participated in the federal RFG 
program.

IV. Clean Air Act Requirements

    In determining the approvability of a SIP revision, EPA must 
evaluate the proposed revision for consistency with the requirements of 
the CAA and EPA regulations, as found in section 110 and part D of the 
CAA and 40 CFR part 51 (Requirements for Preparation, Adoption, and 
Submittal of Implementation Plans).
    For SIP revisions addressing certain fuel measures, an additional 
statutory requirement applies. CAA section 211(c)(4)(A) prohibits state 
regulations respecting a fuel characteristic or component for which EPA 
has adopted a control or prohibition under section 211(c)(1), unless 
the state control is identical to the federal control. Section 
211(c)(4)(C) provides an exception to this preemption if EPA approves 
the state requirements in a SIP. Section 211(c)(4)(C) states that the 
Administrator may approve preempted state fuel standards in a SIP:

only if [s]he finds that the State control or prohibition is 
necessary to achieve the national primary or secondary ambient air 
quality standard which the plan implements. The Administrator may 
find that a State control or prohibition is necessary to achieve 
that standard if no other measures that would bring about timely 
attainment exist, or if other measures exist and are technically 
possible to implement, but are unreasonable or impracticable.

EPA's August, 1997 ``Guidance on Use of Opt-in to RFG and Low RVP 
Requirements in Ozone SIPS'' gives further guidance on what EPA is 
likely to consider in making a finding of necessity.

V. EPA Evaluation

A. General SIP Requirements

    As discussed below, EPA has evaluated the submitted SIP revision 
and has determined that it is consistent with the requirements of the 
CAA and EPA regulations. EPA has found that the March 10, 1999, SIP 
revision, as supplemented by the additional technical support submitted 
on April 8, 1999, conforms to EPA's completeness criteria in 40 CFR 
part 51, appendix V.
    The SIP submittal contains: (1) Chapter 119, Maine Department of 
Environmental Protection regulations, as adopted by the Maine Board of 
Environmental Protection on February 24, 1999 and effective on March 9, 
1999; (2) documentation of the public notice dated December 22, 1998, 
and a transcript of the public hearing regarding the amendment of 
Chapter 119, dated January 20, 1999; (3) evidence of State legal 
authority; and (4) application for waiver of federal

[[Page 26308]]

preemption. Information regarding prohibitions on the sale of non-
conforming gasoline, test procedures and sampling for the SIP revision 
can be found in Chapter 119 of the Maine Department of Environmental 
Protection regulations, and Maine statutes on enforcement and penalties 
can be found at Title 38 of Maine Revised Statutes Annotated (M.R.S.A.) 
Sections 348 and 349. EPA has concluded that these provisions confer on 
the State the requisite authority to enforce compliance with the 7.2 
psi (and initial 7.8 psi) RVP limit.

B. Section 211(c)(4)(C)

1. Federal Preemption
    CAA section 211(c)(4)(A) preempts certain state fuel regulations by 
prohibiting a state from prescribing or attempting to enforce any 
control or prohibition respecting any characteristic or component of a 
fuel or fuel additive for the purposes of motor vehicle emission 
control if theAdministrator has prescribed under section 211(c)(1) a 
control or prohibition applicable to such characteristic or component 
of the fuel or fuel additive, unless the state prohibition is identical 
to the prohibition or control prescribed by the Administrator.
    EPA first proposed to regulate summertime gasoline RVP pursuant to 
211(c)(1) of the Act in 1987 (52 FR 31274). EPA's gasoline RVP proposal 
resulted in a two-phased final regulation that Congress incorporated 
into the CAA at section 211(h). Phase I of the regulation took effect 
in 1990 (54 FR 11868) for the years 1990 and 1991. Phase II of the 
regulation became effective in 1992 (55 FR 23658). These regulations 
are found in 40 CFR 80.27. Under the regulations, the continental 
United States is divided into two control regions, Class B and Class C. 
Generally speaking, the Class B states are the warmer southern and 
western states, and Class C states are the cooler northern states. The 
Phase II regulation limits the volatility of gasoline sold during the 
high ozone season to 9.0 psi RVP for Class C areas and 7.8 psi RVP for 
Class B ozone nonattainment areas. Maine is a Class C state and is 
therefore required under the federal rule to meet the 9.0 psi RVP 
standard. See 40 CFR 80.27(a)(2).
    Because Maine's fuel requirement for the southern Maine area 
limiting summertime RVP to 7.2 psi is not identical to the federal fuel 
standards applicable to the fuel characteristic RVP (i.e., federal 
phase II volatility limit of 9.0 psi), Maine's requirement is preempted 
unless it is approved into the Maine SIP.
2. Necessity
    A state may prescribe and enforce an otherwise preempted low-RVP 
requirement only if the EPA approves the control into the state's SIP. 
In order to approve a preempted state fuel control into a SIP, EPA must 
find that the state control is necessary to achieve a NAAQS. In order 
to demonstrate the necessity of a fuel control, the state must show 
either that no other measures exist to bring about timely attainment, 
or that such measures, while technically possible, are unreasonable or 
impracticable. Thus, to determine whether Maine's low-RVP rule is 
necessary to meet the ozone NAAQS, EPA must consider whether there are 
other reasonable and practicable measures available to produce the 
needed emission reductions for ozone control.
    With the State's decision to opt-out of the federal RFG program, 
additional VOC reductions are necessary to ensure that the Portland 
area continues to meet the 1-hour ozone standard and to help the entire 
area achieve the new 8-hour ozone standard. The Portland area has 
measured air quality meeting the 1-hour standard by a slim margin 
(i.e., the design value for the area was 0.124 ppm, just below the 
0.125 ppm standard). Given the narrow margin of attainment, it is clear 
that the VOC reductions provided by participation of the seven counties 
of southern Maine in the federal RFG program were critical to the 
Portland area's achievement of the ozone NAAQS.
    For purposes of demonstrating necessity, EPA has used the VOC 
reductions provided by RFG as an estimate of the emission reductions 
that are necessary for southern Maine to achieve the ozone NAAQS. EPA 
believes this estimate of necessary reductions is conservative in that 
it is based on the reductions needed for attainment of the 1-hour ozone 
standard rather than the reduction needed for the new 8-hour standard. 
Current monitoring data in Cumberland, Hancock, York and Sagadahoc 
counties suggest that additional reductions will be necessary for the 
state to achieve the new 8-hour standard.
    In its 15-percent rate of progress plan for the Portland area, 
Maine had estimated that RFG would achieve 6.96 tons of VOC reduction 
per summer day. This figure was calculated using only vehicle miles 
traveled in the three-county Portland area. The sale of RFG in the 
surrounding four counties further benefitted the Portland area due to 
driving patterns into and around the Portland area and the geographic 
proximity of these surrounding counties.
    With this estimate of the VOC reductions necessary to achieve the 
ozone NAAQS, the State evaluated an extensive list of non-fuel 
alternative controls to determine if reasonable and practicable 
controls could be implemented to provide sufficient VOC reductions in a 
timely manner. The State analyzed potential control measures by 
reviewing previously prepared emission inventories to determine if 
other non-fuel control measures could be adopted, and used to replace 
the VOC reductions that RFG had achieved. They reviewed all the source 
categories that comprised the emission inventory, and evaluated control 
measures on each source category. For a variety of reasons, most 
control measures were either already implemented, or were found to be 
unreasonable or impracticable for achieving reductions in advance of 
the 1999 and/or 2000 ozone season.
    As one example, the State evaluated the possibility of further 
controlling gasoline refueling, or ``stage II,'' emissions. The State 
does have a stage II program for larger facilities, but expanding the 
geographic coverage, and requiring smaller facilities (i.e., gas 
stations) to comply would yield among the most additional VOC 
reductions of any control strategy that the State reviewed. The State 
concluded that first, a legislative change, as well as a regulatory 
change, would be necessary to further control emissions from this 
source category. Further, the actual installation of these controls 
would take a number of additional months, which would be beyond the 
time frame that Maine needed to secure the emission reductions. For 
these reasons, the State concluded that further stage II controls were 
not a practical measure for achieving VOC emission reductions in 
advance of the summer of 1999. EPA believes implementation of such 
controls would be difficult and impractical to achieve these reductions 
even by the summer of 2000. Other control measures were similarly 
evaluated, and determined to be either technically impossible or 
unreasonable and impracticable.
    The State's analysis identified several non-fuel alternative 
controls that could conceivably be implemented by the summer of 2000  
the time frame for complete adoption of the phased low-RVP standard. At 
best, adoption of all available measures would result in about 4.5 tons 
per day (tpd) reduction (assuming stage II could be

[[Page 26309]]

implemented) which is 2.46 tpd less than the estimated necessary VOC 
reductions. Thus, even with implementation of all reasonable and 
practicable non-fuel control measures, additional VOC reductions are 
necessary.
    Maine's low-RVP rule will achieve approximately 7 tpd of VOC 
reductions once fully implemented beginning the summer of 2000 (based 
on vehicle miles traveled in the Portland area). Due to the driving 
patterns and proximity of the surrounding four counties, EPA believes 
RVP controls in these areas will further benefit the Portland area. EPA 
believes these emission reductions are necessary to achieve the 
applicable ozone NAAQS in southern Maine. EPA is basing today's action 
on the information available to the Agency at this time, which 
indicates that adequate reasonable and practicable non-fuel measures 
are not available to the State that would achieve these needed emission 
reductions, and protect Maine's air quality in a timely manner. Hence, 
EPA is finding that the RVP standards are necessary for attainment of 
the applicable ozone NAAQS, and EPA is approving them as a revision to 
the Maine SIP.

Final Action

    EPA has evaluated the submitted SIP revision and has determined 
that it is consistent with the CAA and EPA regulations. EPA has also 
found that this two-step low-RVP fuel control measure is necessary to 
achieve the ozone NAAQS in southern Maine pursuant to the CAA. 
Therefore, EPA is approving the Maine low-RVP rule as submitted on 
March 10, 1999 into the Maine SIP.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. Further, the State has requested approval of this 
action in advance of this summer season. However, in the proposed rules 
section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revision should relevant adverse comments be filed. This rule will be 
effective July 13, 1999 without further notice unless the Agency 
receives relevant adverse comments by June 14, 1999.
    If EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this rule 
will be effective on July 13, 1999 and no further action will be taken 
on the proposed rule.
    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.

VI. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget, a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments that does not already exist as a matter of State law. EPA 
is simply approving a state regulation under the Clean Air Act. 
Accordingly, the requirements of section 1(a) of E.O. 12875 do not 
apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it is not 
``economically significant'' as defined under E. O. 12866, and does not 
involve an action that addresses environmental or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the

[[Page 26310]]

agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions. This final rule will not have a significant 
impact on a substantial number of small entities because SIP approvals 
under section 110 and subchapter I, part D of the Clean Air 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 create any new requirements, I certify that this action will 
not have a significant economic impact on a substantial number of small 
entities. Moreover, due to the nature of the Federal-State relationship 
under the Clean Air Act, preparation of flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The Clean Air Act forbids EPA to base its actions concerning 
SIPs on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 
255-66 (1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that this final approval action does not include 
a Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate, or 
to the private sector. This Federal action approves pre-existing 
requirements under State or local law, and imposes no new requirements. 
Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 13, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).) EPA encourages 
interested parties to comment in response to the proposed rule rather 
than petition for judicial review, unless the objection arises after 
the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 29, 1999.
John P. DeVillars,
Regional Administrator, Region I.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

    2. Section 52.1020 is amended by adding paragraph (c)(49) to read 
as follows:


Sec. 52.1020  Identification of plan.

* * * * *
    (c) * * *
    (49) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on March 10, 1999.
    (i) Incorporation by reference.
    Chapter 119 of the Maine Department of Environmental Protection 
rules entitled ``Motor Vehicle Fuel Volatility Limit,'' as dated as 
approved on March 9, 1999.
    (ii) Additional material.
    (A) Letter from the Maine Department of Environmental Protection 
dated March 10, 1999 submitting a revision to the Maine State 
Implementation Plan.
    (B) Additional technical support for Section 211(c) waiver 
submitted by Maine DEP on April 8, 1999.
    4. In Sec. 52.1031, Table 52.1031 is amended by revising citation 
119 for vehicle inspection and maintenance to read as follows:


Sec. 52.1031  EPA-approved Maine regulations.

* * * * *

[[Page 26311]]



                                                                       Table 52.1031.--EPA-Approved Rules and Regulations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   State  citation              Title/Subject                  Date adopted by State              Date approved by EPA           Federal Register  citation      52.1020
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                       *                  *                  *                  *                  *                  *                  *
119.................  Motor Vehicle Fuel Volatility      March 9, 1999....................  May 14, 1999....................  [Insert FR citation from                 49  Maine Motor Vehicle
                       Limit.                                                                                                  published date].                             Fuel Volatility
                                                                                                                                                                            Limit. Amends
                                                                                                                                                                            previously approved
                                                                                                                                                                            regulation to
                                                                                                                                                                            require that fuel
                                                                                                                                                                            with a further
                                                                                                                                                                            volatility controls
                                                                                                                                                                            be sold in York,
                                                                                                                                                                            Cumberland,
                                                                                                                                                                            Sagadahoc,
                                                                                                                                                                            Androscoggin,
                                                                                                                                                                            Kennebec, Knox and
                                                                                                                                                                            Lincoln Counties.
                                                                                                                                                                            The RVP limit during
                                                                                                                                                                            the summer will
                                                                                                                                                                            begin in 1999 with a
                                                                                                                                                                            7.8 psi limit, and
                                                                                                                                                                            drop to 7.2 psi in
                                                                                                                                                                            each subsequent
                                                                                                                                                                            summer.
 
                                       *                  *                  *                  *                  *                  *                  *
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[FR Doc. 99-11827 Filed 5-13-99; 8:45 am]
BILLING CODE 6560-50-P