96-26202. Approval and Promulgation of Implementation Plans; New Jersey Transportation Control Measures  

  • [Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
    [Rules and Regulations]
    [Pages 53624-53628]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-26202]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [Region II Docket No. 144; NJ22-1-7069a, FRL-5554-9]
    
    
    Approval and Promulgation of Implementation Plans; New Jersey 
    Transportation Control Measures
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Direct final rule.
    
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    SUMMARY: The Environmental Protection Agency (EPA) is approving a 
    request by the State of New Jersey to revise its State Implementation 
    Plan (SIP) to incorporate transportation control measures (TCMs) as 
    part of the State's effort to attain the national ambient air quality 
    standard for ozone. EPA finds that New Jersey adequately demonstrated 
    in its November 15, 1993 SIP that growth in emissions from growth in 
    vehicle miles traveled will not increase and, therefore, offsetting 
    emission reduction measures are not required. In its November 15, 1993 
    SIP revision, the State submitted a list containing 136 TCMs as part of 
    the plan to reduce emissions of volatile organic compounds by 15 
    percent between 1990 and 1996.
    
    DATES: This rule is effective on December 16, 1996, unless adverse or 
    critical comments are received by November 14, 1996. If adverse 
    comments are received, this notice will be withdrawn in the Federal 
    Register prior to the effective date of this rule.
    
    ADDRESSES: All comments should be addressed to: William S. Baker, 
    Chief, Air Programs Branch, Environmental Protection Agency, Region II 
    Office, 290 Broadway, 20th Floor, New York, New York 10007-1866.
        Copies of New Jersey's submittals are available at the following 
    addresses for inspection during normal business hours:
    
    Environmental Protection Agency, Region II Office, Air Programs Branch, 
    290 Broadway, 20th Floor, New York, New York 10007-1866.
    New Jersey Department of Environmental Protection, Office of Air 
    Quality Management, Bureau of Air Pollution Control, 401 East State 
    Street, CN027, Trenton, New Jersey 08625.
    Environmental Protection Agency, Air and Radiation Docket and 
    Information Center (MC 6102), 401 M Street, S.W., Washington, D.C. 
    20460.
    
    FOR FURTHER INFORMATION CONTACT: Rudolph K. Kapichak, Air Programs 
    Branch, Environmental Protection Agency, 290 Broadway, 20th Floor, New 
    York, New York 10007-1866, (212) 637-4249.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Section 182(d)(1)(A) of the Clean Air Act Amendments of 1990 
    requires states containing ozone nonattainment areas classified as 
    ``severe'' pursuant to Section 181(a) of the Act to adopt 
    transportation control measures (TCMs) and transportation strategies to 
    offset growth in emissions from growth in vehicle miles traveled (VMT) 
    or number of vehicle trips, and to attain reductions in motor vehicle 
    emissions (in combination with other emission requirements) as 
    necessary to comply with the Act's Reasonable Further Progress (RFP) 
    milestone and attainment requirements. The requirements for 
    establishing a VMT offset program are discussed in the April 16, 1992 
    General Preamble to Title I of the Act (57 FR 13498), in addition to 
    Section 182(d)(1)(A) of the Act. The VMT offset provision requires that 
    states submit by November 15, 1992 specific enforceable TCMs and 
    strategies to offset any growth in emissions from growth in VMT or 
    number of vehicle trips sufficient to allow total area emissions to 
    comply with the RFP and attainment requirements of the Act.
        EPA has observed that these three elements (i.e., offsetting growth 
    in mobile source emissions, attainment of the RFP reduction, and 
    attainment of ozone national ambient air quality standards (NAAQS) 
    create a timing problem of which Congress was perhaps not fully aware. 
    As discussed in EPA's April 16, 1992 General Preamble to Title I, ozone 
    nonattainment areas affected by this provision were not otherwise 
    required to submit SIPs that show attainment of the 1996 15 percent RFP 
    milestone until November 15, 1993, and likewise are not required to 
    demonstrate post-1996 RFP and attainment of the NAAQS until November 
    15, 1994. The SIP demonstrations due on November 15, 1993, and on 
    November 15, 1994 are broader in scope than growth in VMT or trips in 
    that they necessarily address emission trends and control measures for 
    non-motor vehicle emission sources and, in the case of attainment 
    demonstrations, complex photochemical modeling studies.
        EPA does not believe that Congress intended the VMT offset 
    provision to advance dates for these broader submissions. Further, EPA 
    believes that the November 15, 1992 date would not allow sufficient 
    time for states to have fully developed specific sets of measures that 
    would comply with all of the elements of the VMT offset requirements of 
    Section 182(d)(1)(A) over the long term. Consequently, EPA believes it 
    would be appropriate to interpret the Act to provide the following 
    alternative set of staged deadlines for submittal of elements of the 
    VMT offset SIP.
        Under this interpretation, the three required elements of Section 
    182(d)(1)(A) are separable, and can be divided into three separate 
    submissions on different dates. Section 179(a) of the Act, in 
    establishing how EPA would be required to apply mandatory sanctions if 
    a state fails to submit a full SIP also provides that the sanctions 
    clock starts if a state fails to submit one or more SIP elements, as 
    determined by the Administrator. EPA believes that this language 
    provides EPA the authority to determine that the different elements of 
    a SIP submission are separable. Moreover, given the continued timing 
    problems addressed earlier, EPA believes it is appropriate to allow 
    states to separate the VMT offset SIP into three elements, each to be 
    submitted at different times: (1) The initial requirement to submit 
    TCMs that offset
    
    [[Page 53625]]
    
    growth in emissions; (2) the requirement to comply with the 15 percent 
    Rate of Progress requirement of the Act; and (3) the requirement to 
    comply with the post-1996 periodic reduction and attainment of the 
    ozone NAAQS.
        Under this approach, the first element, the emissions offset 
    element, was due on November 15, 1992. The EPA believes this element is 
    not necessarily dependent on the development of the other elements. A 
    state could submit the emissions growth offset element independent of 
    an analysis of that element's consistency with the periodic reduction 
    and attainment requirements of the Act. Emissions trends from other 
    sources need not be considered to show compliance with this offset 
    requirement. As submitting this element in isolation does not introduce 
    the timing problems of advancing deadlines for RFP and attainment 
    demonstrations, EPA does not believe it is necessary to extend the 
    statutory deadline for submittal of the emissions growth offset 
    element.
        The second element, which requires the VMT offset SIP to comply 
    with the 15 percent RFP requirement of the Act, was re-scheduled to be 
    due on November 15, 1993, which is the same date on which the 15 
    percent RFP SIP itself was due under Section 182(b)(1) of the Act. EPA 
    believes it is reasonable to extend the deadline for this VMT offset 
    element from November 15, 1992 to the date on which the entire 15 
    percent SIP was due, as this allows states to develop the comprehensive 
    strategy to address the 15 percent requirement and assure that the TCM 
    elements required under Section 182(d)(1)(A) are consistent with the 
    remainder of the 15 percent demonstration. Indeed, EPA believes that 
    only upon submittal of the broader 15 percent plan can a state have had 
    the necessary opportunity to coordinate its VMT strategy with its 15 
    percent plan.
        The third element, which requires the VMT offset SIP to comply with 
    the post-1996 RFP and attainment requirements of the Act, was 
    rescheduled to be due on November 15, 1994, the statutory deadline for 
    those broader submissions. EPA believes it is reasonable to similarly 
    extend the deadline for this VMT element to the date on which the post-
    1996 RFP and attainment SIPs are due for the same reason it is 
    reasonable to extend the deadline for the second element. First, it is 
    arguably impossible for a state to make the showing required by Section 
    182(d)(1)(A) for the third element until the broader demonstrations 
    have been developed by the state. Moreover, allowing states to develop 
    the comprehensive strategy to address post-1996 RFP and attainment by 
    providing a fuller opportunity to assure that the TCM elements comply 
    with the broader RFP and attainment demonstrations will result in a 
    better program for reducing emissions in the long term.
        Section 182(d)(1)(A) of the Act requires New Jersey to offset any 
    growth in emissions from growth in VMT. As discussed in the General 
    Preamble, the purpose is to prevent a growth in motor vehicle emissions 
    from canceling out the emission reduction benefits of the federally 
    mandated programs in the Act. EPA interprets this provision to require 
    that sufficient measures be adopted so that projected motor vehicle VOC 
    emissions will never be higher during the ozone season in one year than 
    during the ozone season in the year before. When growth in VMT and 
    vehicle trips would otherwise cause a motor vehicle emissions upturn, 
    this upturn must be prevented. The emissions level at the point of 
    upturn becomes a ceiling on motor vehicle emissions. This requirement 
    applies to projected emissions in the years between the submission of 
    the SIP revision and the attainment deadline, and is above and beyond 
    the separate requirements for the RFP and the attainment 
    demonstrations. The ceiling level is defined, therefore, up to the 
    point of upturn, as motor vehicle emissions that would occur in the 
    ozone season of that year, with VMT growth, if all measures for that 
    area in that year were implemented as required by the Act. When this 
    curve begins to turn up due to growth in VMT or vehicle trips, the 
    ceiling becomes a fixed value. The ceiling line would include the 
    effects of federal measures such as new motor vehicle standards, phase 
    II RVP controls, and reformulated gasoline, as well as the Act-mandated 
    SIP requirements.
    
    State Submittal
    
        On November 15, 1992, and November 15, 1993, New Jersey submitted 
    to EPA requests to revise its SIP for ozone. These submittals had 
    undergone public hearings on October 27, October 29 and November 5, 
    1992 and on October 14 and October 19, 1993. In addition, these 
    submittals underwent significant public review as part of the process 
    initiated by three New Jersey metropolitan planning organizations 
    (MPOs); the North Jersey Transportation Planning Authority (NJTPA), the 
    Delaware Valley Regional Planning Commission (DVRPC) and the South 
    Jersey Transportation Planning Organization (SJTPO).
        EPA is taking direct final approval action for the TCM SIP revision 
    submitted by the State of New Jersey to revise its SIP to incorporate 
    TCMs as part of the effort to attain the national ambient air quality 
    standard for ozone. In its original VMT offset SIP submission, New 
    Jersey included public transit programs, high occupancy vehicle (HOV) 
    facilities, traffic flow improvements, park and ride projects, 
    ridesharing, pedestrian programs, roadway pricing, and others. New 
    Jersey has subsequently indicated in its submittal of November 15, 1993 
    that motor vehicle emissions will not at any time increase from those 
    of the previous year. Therefore, the State is not required to implement 
    any measures to offset growth in emissions due to growth in VMT. EPA is 
    approving New Jersey's November 15, 1993 submittal as fulfilling the 
    requirements of the first element of Section 182(d)(1)(A).
        To meet the second element of the VMT SIP, due on November 15, 
    1993, New Jersey opted to include 136 TCMs in its 15 percent SIP 
    submittal under Section 182(b) of the Act. The remainder of this notice 
    discusses these TCMs.
        As part of the 15 Percent Plan, New Jersey included TCMs which will 
    be implemented and which will result in emission reductions. EPA will 
    be taking action on New Jersey's 15 Percent Plan in another Federal 
    Register notice in the future, but the TCMs, which are the subject of 
    this Federal Register notice, can be incorporated into the SIP at this 
    time.
        A total of 136 TCMs are being implemented throughout the State as 
    part of the MPO process, these are as follows:
    
    Park and Ride Lots (25)
    
    Summit--Springfield Ave: 30 spaces
    Clinton--I-78 & Route 31: 50 spaces
    Branchburg--Route 202: 67 spaces
    Suburban Bus--New Brunswick--Route 27: 30 spaces
    Netcong Railroad Station: 132 spaces
    Beverwyck--Parsippany/Troy Hills--Route 46: 300 spaces
    Newton--Routes 206 & 94: 200 spaces
    Westwood: 46 spaces
    Stockholm--Hardyston--Routes 23 & 515: 50 spaces
    Flemington Outlet--Route 202--Raritan: 100 spaces
    Farmers Market--I-95 & Route 413 (Pennsylvania): 100 spaces
    Plauderville--Atwater Lane--Railroad Station: 200 spaces
    Route 9 Bus--Middlesex/Monmouth Counties: unknown
    Orange Bus Terminal: unknown
    Turnpike Int 8A--Route 130 & 32--S. Brunswick: 500 spaces
    Turnpike Int 10--Edison: 750 spaces
    
    [[Page 53626]]
    
    Turnpike--Vince Lombardi Service Area--Bergen: 1000 spaces
    Interchange 153--Passaic: unknown
    Montvale Expansion--Bergen: 152 spaces
    Interchange 109--Middletown: 65 spaces
    Jefferson/Mullica Hill--Route 45--Harrison Township: 40 spaces
    Malage--Route 40/Dutch Mill Road--Franklin: 50 spaces
    Woodbury--Route 45 & Cooper Street: 50 spaces
    Aberdeen--Monmouth County: 400 spaces
    Trenton Rail Station: 900 Spaces
    
    Transit Improvements (Sponsored by NJ Transit) (39)
    
    Waterfront Connection--Hudson, Essex, Middlesex, Monmouth Counties
    Kearny Connection--Morris, Somerset, Essex, Union Counties
    Hackettstown Booton Line Extension--Warren County
    Hoboken Transit Hub--Hudson County
    Transit Station Bike Lockers and Racks--Statewide
    Existing Park and Ride Facilities Program--Select Stations
    Summer shore Express Service--North Jersey Coast Line
    Atlantic City Rail Line Extension to Philadelphia
    Jersey Shore Line Passenger Service to Cape May locations
    Route 67 Modified Bus service--Toms River/Lakewood via US 9
    Route 303 Broad Street Station--Penn Station Shuttle
    Expanded Bus Service Strategies--Statewide
    Expanded Service Strategies--Port Newark/Elizabeth
    Cape May City Ferry Bus Service
    Atlantic City Garage in Egg Harbor
    Atlantic County Experimental Services
    Weehawken Ferry Terminal Parking
    Redesign Plaza at Exchange Place PATH Station for Drop Offs
    Gateway Park and Ride shuttle
    
    Traffic Flow Improvements (66)
    
    Closed Loop Signal System (Several Projects Statewide noted as one)
    Magic I Motorist Advisory System
    Island Beach State Park Motorist Information System
    Service Patrols--Morris, Essex, Passaic, and Bergen Counties
    I-80 High Occupancy Vehicle Lane
    Turnpike High Occupancy Vehicle Lane from Exit 11 to 14
    Turnpike Traffic Surveillance and Control System--Exit 8A to GWB
    Incident Management Radio System--Statewide
    Incident Management State Police Communications Center--Cranbury
    Signal Upgrade--Essex County (5 projects)
    Interchange Improvements--Garden State Parkway--Statewide
    Atlantic City Computerized Signal System
    Turning Lanes and Signal Improvements in Cape May (3 projects)
    Bridge Motorist Information System--Tacony and Betsy Ross Bridges
    Traffic Operations Center--Camden and Burlington Counties
    Incident Management--Camden Area Service Patrol
    One Way Tolls--Delaware River Crossings (3 Projects)
    Burlington County Signal Upgrades and Improvements (21 Projects)
    Cumberland County--Arterial Signal System
    Mercer County--Intersection and Signalization Improvements
    Essex County--Turn Lanes and Signal Modification (6 projects)
    Ocean County--Traffic Signal Retiming and Turn Lanes (11 projects)
    Atlantic County--Intersection Improvements
    
    Other (6)
    
    Employer Trip Reduction--Statewide
    Bayshore Waterfront Bike/Pedestrian way
    Traction Line Bikeway--Morris Township
    Meadows Path Bikeway--Hudson and Bergen Counties
    North Bergen Trail--Pedestrian/Bicycle
    Sussex Trails--Pedestrian/Bicycle
    
        The 136 TCMs are predicted to result in a Statewide reduction of 
    1.4 tons per day of VOCs, out of a total of 209 tons/day for the entire 
    15 percent plan. Therefore, the TCMs represent 0.7 percent of the 
    needed reduction. The reductions attributed to the TCMs are broken down 
    by the three nonattainment areas in New Jersey, as follows: 0.9 tons in 
    northern New Jersey, 0.3 tons in the Philadelphia metropolitan area of 
    New Jersey, and 0.2 tons in the Atlantic City area. This equals 1.4 
    tons Statewide.
        The 136 TCMs fall into the following four broad categories. The 
    percentages represent the portion of the 1.4 tons of reduction 
    attributed to each category.
        Traffic Flow Improvements: 66 projects; 48.6 percent.
        Transit Projects: 39 projects; 42.2 percent.
        Park and Ride Projects: 25 projects, 7.7 percent.
        ETR/Bicycle & Pedestrian Projects: 6 projects. 1.5 percent.
        The projects contained in the SIP submittal are being implemented 
    as part of the Clean Air Act requirement to reduce VOC emissions by 15 
    percent between 1990 and 1996. The projects will be implemented by 1996 
    and will assist New Jersey in attaining the NAAQS for ozone.
        Implementation of these projects will be tracked and ensured 
    through the transportation conformity process as required by the 
    federal transportation conformity regulation (40 CFR Part 93; 1290). 
    Transportation Improvement Programs (TIPs) which contain TCMs are 
    developed annually by the three MPOs in the State. This is accomplished 
    in coordination with several state and federal agencies. The 
    transportation conformity regulation requires that all TIPs be 
    consistent with the SIP. Since these projects are contained in the SIP, 
    failure to include them in the TIP will cause the TIP to not conform. 
    This could result in transportation projects being halted. Such a 
    decision is made by the Federal Highway Administration in consultation 
    with EPA.
        There was a significant opportunity for public comment throughout 
    the TIP development process. MPOs provide access to all information and 
    utilize public outreach as an important component of the transportation 
    process. In addition, the development of the 15 percent plan underwent 
    the public hearing process as required for all SIP amendments.
        In March of 1992, EPA released a document entitled Transportation 
    Control Measure Information Documents, as required by Section 108(f) of 
    the Clean Air Act Amendments (prepared for EPA by Cambridge 
    Systematics, Inc). This document includes a detailed description of the 
    impacts of implementing several distinct types of TCMs, but does not 
    provide a means to calculate specific emissions reductions from TCM 
    implementation. New Jersey used this information to evaluate various 
    TCMs. Chapters include information on employer programs, public 
    transit, HOV projects, and pedestrian programs. This document is 
    available through the National Technical Information Service, document 
    reference number PB92-173-566.
        A significant portion of these types of projects were utilized by 
    New Jersey even though the State is not required to implement any 
    specific TCMs. Furthermore, any state can implement viable TCMs that 
    are not included in this list.
    
    Conclusion
    
        The benefits associated with these projects were calculated using 
    best transportation planning practices. EPA believes that New Jersey 
    modeled these
    
    [[Page 53627]]
    
    projects to the best of its ability using the best practices available, 
    and, therefore, approves the project analysis conducted by the State of 
    New Jersey.
        The rationale for EPA's direct approval is that these TCMs were 
    subject to the extensive public participation process discussed 
    earlier. The TCMs will effectively reduce VMT and related VOC 
    emissions, thereby reducing ground level ozone. Therefore, EPA is 
    approving this revision incorporating these TCMs into New Jersey's SIP.
        Regarding the first VMT offset element, New Jersey has identified 
    and evaluated TCMs to reduce VMT, and has shown that VMT growth will 
    not result in a growth of motor vehicle emissions that will negate the 
    effects of the reductions required under the Act and there will not be 
    an upturn of motor vehicle emissions. Regarding the second element, New 
    Jersey has submitted a complete 15 percent SIP that contains 136 TCMs 
    which contribute to its showing that the 15 percent reduction will be 
    achieved. While EPA is not prepared to take action on New Jersey's 15 
    percent plan at this time, EPA does not believe that it is necessary to 
    delay taking action on the second element of the VMT SIP, since to do 
    so would merely delay action on New Jersey's TCMs into its SIP. 
    However, if in approving the 15 percent plan approval it is determined 
    that New Jersey would in fact have to implement additional TCMs to meet 
    the 15 percent RFP requirement, and a subsequent submission of a 
    revised 15 percent SIP is required, EPA would have to reevaluate its 
    approval of the second element of the VMT SIP.
        New Jersey has met the first and second requirements of the VMT 
    offset plan. The third requirement is for New Jersey to use TCMs as 
    necessary to achieve attainment of the ozone NAAQS and meet post-1996 
    RFP requirements. This third requirement will be addressed in future 
    rulemaking after EPA receives and evaluates New Jersey's attainment and 
    post-1996 RFP SIP submissions.
        Nothing in this rule should be construed as permitting or allowing 
    or establishing a precedent for any future request for revision to any 
    SIP. Each request for revision to any SIP shall be considered 
    separately in light of specific technical, economic, and environmental 
    factors and in relation to relevant statutory and regulatory 
    requirements.
        EPA is publishing this rule without prior proposal because EPA 
    views this as a noncontroversial amendment and anticipates no adverse 
    comments. However, in a separate document in this Federal Register 
    publication, the EPA is proposing to approve the SIP revision should 
    adverse or critical comments be filed. Thus, this direct final action 
    will be effective December 16, 1996, unless, by November 14, 1996, 
    adverse or critical comments are received.
        If the EPA receives such comments, this rule will be withdrawn 
    before the effective date by publishing a subsequent notice that will 
    withdraw the final action. All public comments received will then be 
    addressed in a subsequent final rule based on this action serving as a 
    proposed rule. The EPA will not institute a second comment period on 
    this action. Any parties interested in commenting on this rule should 
    do so at this time. If no adverse comments are received, the public is 
    advised that this rule will be effective December 16, 1996. (See 47 FR 
    27073 and 59 FR 24059).
        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 
    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 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 Clean Air Act, preparation of a regulatory 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 US 
    EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
        Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
    Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
    1995, EPA must undertake various actions in association with proposed 
    or final rules that include a federal mandate that may result in 
    estimated annual costs of $100 million or more to the private sector, 
    or to State, local, or tribal governments in the aggregate.
        Through submission of this SIP or plan revision, the State and any 
    affected local or tribal governments have elected to adopt the program 
    provided for under Section 182(d) of the Clean Air Act. These rules may 
    bind State, local and tribal governments to perform certain actions and 
    also require the private sector to perform certain duties. To the 
    extent that the rules being approved by this action would impose any 
    mandate upon State, local or tribal governments either as the owner or 
    operator of a source or as a regulator, or would impose any mandate 
    upon the private sector, EPA's action will impose no new requirements; 
    such sources are already subject to these regulations under state law. 
    Accordingly, no additional costs to state, local, or tribal 
    governments, or to the private sector, result from this action. EPA has 
    also determined that this final action does not include a mandate that 
    may result in estimated annual costs of $100 million or more to state, 
    local, or tribal governments in the aggregate or to the private sector.
        The Office of Management and Budget has exempted this action from 
    review under Executive Order 12866.
        Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. section 804(2).
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this rule must be filed in the United States Court 
    of Appeals for the appropriate circuit within 60 days from date of 
    publication. 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 rule may not be challenged 
    later in proceedings to enforce its requirements. (See 307(b)(2)).
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Hydrocarbons, 
    Incorporation by reference, Intergovernmental relations, Nitrogen 
    dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
    organic compounds.
    
    
    [[Page 53628]]
    
    
        Dated: July 29, 1996.
    William J. Muszynski,
    Deputy Regional Administrator.
    
        Part 52, 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. 7401-7671q.
    
    Subpart FF--New Jersey
    
        2. Section 52.1582 is amended by adding paragraphs (e) and (f) to 
    read as follows:
    
    
    Sec. 52. 1582   Control strategy and regulations: Ozone (volatile 
    organic substances) and carbon monoxide.
    
    * * * * *
        (e) The November 15, 1993 SIP revision adds 136 transportation 
    control measures to the SIP which will contribute emission reductions 
    towards meeting the 15 Percent requirement of the ozone SIP.
        (f) The November 15, 1993 SIP revision provides a 1993 
    demonstration that growth in emissions from growth in vehicle miles 
    traveled will not increase through 2007 and that offsetting emission 
    reductions are not required.
    
    [FR Doc. 96-26202 Filed 10-11-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
12/16/1996
Published:
10/15/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-26202
Dates:
This rule is effective on December 16, 1996, unless adverse or critical comments are received by November 14, 1996. If adverse comments are received, this notice will be withdrawn in the Federal Register prior to the effective date of this rule.
Pages:
53624-53628 (5 pages)
Docket Numbers:
Region II Docket No. 144, NJ22-1-7069a, FRL-5554-9
PDF File:
96-26202.pdf
CFR: (1)
40 CFR 52