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

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

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State citation Title/Subject Date adopted by State Date approved by EPA Federal Register citation 52.1020

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* * * * * * *

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