96-32056. Approval and Promulgation of Implementation Plans; New Jersey; Withdrawal of Direct Final Rule Regarding Transportation Control Measures

[Federal Register Volume 61, Number 244 (Wednesday, December 18, 1996)]
[Rules and Regulations]
[Pages 66606-66607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32056]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 144, NJ22-1-7069(c); FRL-5665-3]


Approval and Promulgation of Implementation Plans; New Jersey; 
Withdrawal of Direct Final Rule Regarding Transportation Control 
Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; withdrawal.

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SUMMARY: On October 15, 1996, EPA published direct final approvals of 
State Implementation Plan (SIP) revisions submitted by New Jersey (61 
FR 53692 and 61 FR 53624). These SIP revisions incorporate 
transportation control measures (TCMs) as part of the State's effort to 
attain the national ambient air quality standard for ozone and 
demonstrate that emissions from growth in vehicle miles traveled will 
not increase motor vehicle emissions and, therefore, offsetting 
measures are not necessary. This action was published without prior 
proposal because EPA anticipated no adverse comments. Because New 
Jersey submitted adverse comments requesting withdrawal of EPA's 
document, EPA is withdrawing direct final approval of New Jersey's 
request to revise the SIP, announced on October 15, 1996.
EFFECTIVE DATE: This action is effective December 18, 1996.

FOR FURTHER INFORMATION CONTACT: Matthew B. Cairns, Air Programs 
Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 
New York, New York 10007-1866, [phone] or 
[e-mail].

SUPPLEMENTARY INFORMATION: On October 15, 1996, EPA published direct 
final approval of revisions to New Jersey's SIP for ozone submitted by 
New Jersey on November 15, 1992 and November 15, 1993 (61 FR 53624). 
The intended effects of this action were to incorporate TCMs as part of 
New Jersey's effort to attain the national ambient air quality standard 
for ozone and to demonstrate that emissions from growth in vehicle 
miles traveled will not increase motor vehicle emissions and, 
therefore, offsetting measures are not necessary. EPA published this 
direct final rulemaking without prior proposal because the Agency 
viewed the revisions as noncontroversial and anticipated no adverse 
comments. The direct final rule was published in the Federal Register 
with a provision for a 30-day comment period.
    EPA announced that the direct final rule would be withdrawn in the 
event that adverse comments were submitted to EPA within 30 days of 
publication of the rule in the Federal Register (61 FR 53692). EPA 
received adverse comments from the State of New Jersey: New Jersey 
indicated it was in the process of amending both the list of TCMs and 
its calculations for determining whether growth in vehicle miles 
traveled causes growth in motor vehicle emissions. EPA expects New 
Jersey to submit these changes shortly as part of its revised 15

[[Page 66607]]

Percent Rate of Progress Plan. Therefore, at New Jersey's request, EPA 
is withdrawing the direct final approval of New Jersey's TCMs and 
demonstration that emissions from growth in vehicle miles traveled will 
not increase motor vehicle emissions. EPA will publish a new proposal 
when New Jersey resubmits the list and calulations.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen Oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 5, 1996.
William J. Muszynski,
Deputy Regional Administrator.

    For the reasons set out in the preamble, 40 CFR Part 52 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


Sec. 52.1582  [Amended]

    2. Section 52.1582 is amended by removing paragraphs (e) and (f).

[FR Doc. 96-32056 Filed 12-17-96; 8:45 am]
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