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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

Approval and Promulgation of Air Quality Implementation Plans;

Maine; Vehicle Inspection and Maintenance Program in Kennebec, Knox,

Lincoln, and Sagadahoc Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan

revision submitted by the State of Maine. This revision establishes and

requires the inspection and maintenance of motor vehicles in the

counties of Kennebec, Knox, Lincoln, and Sagadahoc. A revision

requesting this approval was submitted by the State of Maine on

November 1, 1993. This revision was supplemented by a May 17, 1994

letter from Maine requesting expedited approval of the portion of the

Maine inspection and maintenance program not required by the EPA's

final inspection and maintenance rule.

This action will have a beneficial effect on air quality by

reducing emissions in the counties of Kennebec, Knox, Lincoln, and

Sagadahoc due to the implementation of a vehicle inspection and

maintenance program. It is being taken under section 110 of the Clean

Air Act.

DATES: Comments must be received on or before July 25, 1994.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,

Pesticides and Toxics Management Division, U.S. Environ- mental

Protection Agency, Region I, JFK Federal Bldg. (AAA), Boston, MA 02203.

Copies of the State submittal and EPA's technical support document are

available for public inspection during normal business hours, by

appointment at the Air, Pesticides and Toxics Management Division, U.S.

Environmental Protection Agency, Region I, One Congress Street, 10th

floor, Boston, MA and the Bureau of Air Quality Control, Department of

Environmental Protection, 71 Hospital Street, Augusta, ME 04333.

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

SUPPLEMENTARY INFORMATION: On November 1, 1993, the Maine Department of

Environmental Protection (DEP) submitted a revision to its State

Implementation Plan (SIP) to establish an inspection and maintenance

(I/M) program for vehicles. EPA is proposing to approve this SIP

revision submitted by the State of Maine. This revision was

supplemented by a May 17, 1994 letter from Maine requesting expedited

approval of the portion of the Maine I/M program not required by the

EPA's final I/M rule. Accordingly, this revision establishes and

requires the I/M of motor vehicles in the counties of Kennebec, Knox,

Lincoln, and Sagadahoc. While this revision achieves substantial

emission reductions, it is not being submitted to meet I/M requirements

of the Clean Air Act (CAA) as defined in EPA's final I/M rule published

in the Federal Register on November 5, 1992 because I/M is not a

required program in these areas. Rather this revision is being

submitted, in part, pursuant to requirements established in section

182(b)(1) of the CAA which requires that certain nonattainment areas

achieve a prescribed level of emission reductions (i.e., a 15 percent

reduction of volatile organic compounds (VOC) in all moderate ozone

nonattainment areas).

Background

Maine is part of the Ozone Transport Region (OTR). Section

184(b)(1)(A) requires certain areas of the OTR to adopt and implement

an I/M program meeting EPA's enhanced I/M performance standard as

defined in EPA's final I/M rule (57 FR 52950, November 5, 1992). In

addition, the I/M rule requires that all moderate ozone nonattainment

areas containing urbanized areas with a population greater than 50,000

must implement a program meeting the basic I/M performance standard.

Maine is affected by both of these provisions in certain areas of the

State. Maine intends to revise its regulations for the required areas

in the near future so that EPA may fully approve the program for the

area as meeting all of the requirements of EPA's final I/M rule

relating to enhanced I/M. EPA will be taking separate rulemaking action

with regard to the approvability of Maine's I/M program for areas

required to implement either basic or enhanced I/M. Again, since Knox,

Kennebec, Lincoln, and Sagadahoc Counties are not required to implement

I/M, the State of Maine has requested approval for those areas in order

to make the resultant emission reductions federally enforceable in the

event that the EPA does not fully approve the enhanced I/M program. EPA

may withdraw this separate rulemaking action approval in the event that

EPA fully approves the enhanced I/M program since this action would be

superseded by final approval of the enhanced I/M program for the entire

area.

Today's proposed rulemaking involves an I/M program which will be

implemented in four counties in the State of Maine. Although, the

program which will be implemented in many ways approximates an enhanced

I/M program as defined in EPA's final I/M rule, today's rulemaking only

affects areas for which no inspection and maintenance program is

required under EPA's I/M rule. Accordingly, this revision is not being

approved pursuant to the specific EPA requirements set forth by EPA's

I/M rule, but rather as strengthening the SIP. The effect of approving

this revision at this time, rather than waiting for a program which

meets the enhanced I/M rule requirements, is that emission reductions

from this program will be part of the federally approved SIP and can be

credited for other purposes.

The program submitted requires biennial, transient (known as the

IM240 test), purge and pressure testing on most 1968 and newer vehicles

registered in these counties. Owners of vehicles failing the test must

repair these vehicles to pass the emission tests. The program also

establishes a ``minimum cost of repairs'' under which a car that still

fails the emission test after expending this amount of money, may be

waived from further required expenditures (i.e., a waiver). While fewer

vehicles are subject to the Clean Air Act required minimum expenditure

of $450 before obtaining a waiver than would be necessary to meet EPA's

I/M rule for an enhanced program, the vehicles tested and repaired as

part of this program will result in substantially fewer emissions of

volatile organic compounds (VOC), nitrogen oxides (NOx), and carbon

monoxide (CO) for vehicles registered in these counties. As stated

above, Maine is implementing this program, in part, to meet it

obligations under section 182(b)(1) of the CAA to achieve a 15 percent

VOC reduction in all moderate ozone nonattainment areas. In addition,

since this program is not a required program under EPA's final I/M

rule, Maine may allow some, or all, of the nitrogen oxide emission

reductions generated by implementation of this program to be allowed

for use as offsets under the new source review program. This action

does not propose approval of the use of these excess emissionreductions

as offsets, it merely ensures that these emission reductions are

federally enforceable. Emission reductions must be federally

enforceable prior to their use.

Maine included an analysis of the level of emission reductions

expected from implementation of this program. The analysis is

consistent with the level of emission reductions expected from a

program designed in this manner. The analysis included the level of

emission reductions expected when a program is designed with transient,

purge and pressure testing, with the defined minimum expenditures

required for a failing vehicle prior to being waived from further

required repairs, and with the number of subject vehicles in these four

counties.

EPA's review of this material indicates that it is an approvable

program to achieve emission reductions, thereby strengthening the SIP.

Further, the VOC reductions achieved as part of this program are

necessary to achieve the required emission reductions as established

under section 182(b)(1). EPA is proposing to approve Maine's November

1, 1993 submittal for an I/M program in the counties of Kennebec, Knox,

Lincoln, and Sagadahoc. EPA is soliciting public comments on the issues

discussed in this proposal or on other issues relevant to this matter.

These comments will be considered before taking final action.

Interested parties may participate in the Federal rulemaking procedure

by submitting written comments to the EPA Regional office listed in the

addresses section of this action.

Proposed Action

EPA is proposing to approve this SIP revision submitted by the

State of Maine. This revision establishes and requires the inspection

and maintenance of motor vehicles (I/M program) in the counties of

Kennebec, Knox, Lincoln, and Sagadahoc.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 revisions (54 FR 2222) from the

requirements of section 3 of Executive Order 12291 for a period of two

years. The EPA has submitted a request for a permanent waiver for Table

2 and Table 3 SIP revisions. The OMB has agreed tocontinue the waiver

until such time as it rules on EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410 (a)(2).

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

The Administrator's decision to approve or disapprove the SIP

revision will be based on whether it meets the requirements ofsection

110(a)(2)(A)-(K) and 110(a)(3) of the Clean Air Act, as amended, and

EPA regulations in 40 CFR part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements.

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

Dated: June 13, 1994.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 94-15314 Filed 6-22-94; 8:45 am]

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