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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 144, NY21-1-6732(c); FRL-5657-8]

Approval and Promulgation of Implementation Plans; New York;

Withdrawal of Direct Final Rule Regarding Transportation Control

Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On October 1, 1996, EPA published approval of a State

Implementation Plan (SIP) revision submitted by New York (61 FR 51214),

which addressed the need for transportation control measures (TCMs) to

offset growth in emissions from growth in vehicle miles traveled as

required by the Clean Air Act. This action was published without prior

proposal because EPA anticipated no adverse comments. Because EPA

received adverse comments on this action, EPA is withdrawing the

approval of New York's request to revise its SIP for ozone, announced

in the October 1, 1996 direct final rule. EPA will now proceed with

rulemaking based on a proposed rule pertaining to the same TCMs, which

was published on the same date (61 FR 51257).

EFFECTIVE DATE: This action is effective December 3, 1996.

FOR FURTHER INFORMATION CONTACT: Linda Kareff, Environmental Protection

Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866,

(212) 637-3741 or [email protected].

SUPPLEMENTARY INFORMATION: On October 1, 1996, EPA published direct

final approval of a revision to New York's SIP for ozone, submitted by

New York on November 15, 1992 and supplemented on November 5, 1993 (61

FR 51215). The intended effect of this action was to address the need

for TCMs to offset growth in emissions from growth in vehicle miles

traveled as required by the Clean Air Act. EPA published this direct

final rulemaking without prior proposal because the Agency viewed it as

a noncontroversial revision and anticipated no adverse comments. The

direct final rule was published in the Federal Register with a

provision for a 30 day comment period.

A proposed rule pertaining to the same TCMs for New York was also

published in the Federal Register on October 1, 1996 (61 FR 51257). 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announced that the direct final rule would be withdrawn in the event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 51214). EPA

received adverse comments. Therefore, EPA is withdrawing the October 1,

1996 direct final approval of New York's SIP revision. Comments

received during the 30 days after October 1, 1996 will be addressed in

a subsequent rulemaking action based on the proposed rule. As stated in

the October 1, 1996 notice, this withdrawal action does not establish

an additional comment period.

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: November 20, 1996.

Herbert Barrack,

Acting 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 HH--New York

Sec. 52.1683 [Amended]

2. Section 52.1683 is amended by removing paragraph (c).

[FR Doc. 96-30750 Filed 12-2-96; 8:45 am]

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