[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5299-5303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2581]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 148, NJ25-1-7282; FRL-5409-4]


Approval and Promulgation of Implementation Plans; Carbon 
Monoxide State Implementation Plan Revision State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is giving a limited approval to part of a request from New 
Jersey to revise its State Implementation Plan (SIP) for the control of 
carbon monoxide (CO) to incorporate New Jersey's oxygenated gasoline 
program. New Jersey submitted these revisions in response to 
requirements established under the Clean Air Act, as amended in 1990. 
EPA is approving New Jersey's oxygenated gasoline program for the 
Northern New Jersey portion of the New York-Northern New Jersey-Long 
Island consolidated metropolitan statistical area (CMSA) as the program 
applies for the four months from November 1 through the last day of 
February. In previous proposals for the States of New York and 
Connecticut, EPA has proposed to determine that those four months are 
the entire period when the New York-Northern New Jersey-Long Island 
CMSA is prone to high ambient concentrations of CO. In a separate 
document published in today's Federal Register, EPA is soliciting 
comment on this determination for the limited purpose of inviting 
comment on additional information concerning emission modeling related 
to New Jersey's portion of the multi-state CMSA.

EFFECTIVE DATE: This final rule is effective on March 13, 1996.

ADDRESSES: Copies of the State submittal are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Library, 290 
Broadway, 16th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Energy, 
Bureau of Air Quality Planning, 401 East State Street, CN027, Trenton, 
New Jersey 08625

FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs 
Branch, Environmental Protection Agency, Region II Office, 290 
Broadway, 20th Floor, New York, New York 10007-1866 (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

    Motor vehicles are significant contributors of CO emissions, which 
are harmful to human health. An important measure toward reducing these 
emissions is the use of cleaner-burning oxygenated gasoline. Extra 
oxygen in the fuel enhances fuel combustion and helps to offset fuel-
rich operating conditions, particularly during vehicle starting in cold 
weather.
    The Clean Air Act (Act) sets forth a number of requirements for 
states with areas designated as nonattainment for the National Ambient 
Air Quality Standards (NAAQS) set for CO to submit revisions to their 
State Implementation Plans (SIPs). Among these is a requirement under 
section 211(m) that states with CO nonattainment areas at or above a 
9.5 parts per million (ppm) design value implement 2.7 percent 
oxygenated gasoline programs by November 1, 1992 and submit these 
programs as SIP revisions. This requirement applies to New Jersey 
because the State contains a portion of the New York-Northern New 
Jersey-Long Island nonattainment area, which has a design value for CO 
above 9.5 ppm. The requirement had also originally applied to Southern 
New Jersey as well; however, that area, which is part of the 
Philadelphia CO nonattainment area, is currently in attainment for CO 
and, as such, is no longer required to implement an oxygenated gasoline 
program. 60 FR 62741, December 7, 1995. The New York-Northern New 
Jersey-Long Island CO nonattainment area is part of the New York-
Northern New Jersey-Long Island Consolidated Metropolitan Statistical 
Area (CMSA) and includes the New Jersey Counties of Bergen, Essex, 
Hudson, Union, and parts of Passaic. The nonattainment area in Passaic 
County includes the Cities of Clifton, Paterson, and Passaic. New 
Jersey's portion of the larger CMSA, within which oxygenated fuel sale 
is required, consists of the following counties: Bergen, Essex, Hudson, 
Hunterdon, Middlesex, Ocean, Passaic, Somerset, Sussex, Union and 
Warren.
    On November 15, 1992, New Jersey submitted to EPA its oxygenated 
fuels program contained in New Jersey Administrative Code Title 7, 
Chapter 27, Subchapter 25, ``Control and Prohibition of Air Pollution 
by Vehicular Fuels'' (adopted September 1, 1992, and operative November 
1, 1992). The program required oxygenated fuel to be supplied during a 
CO control period of seven months each year, extending from October 1 
through April 30. EPA proposed to approve this submission, along with a 
number of other revisions to New Jersey's CO SIP, on November 10, 1994 
(59 FR 56019). On February 7, 1995, New Jersey modified its oxygenated 
fuels regulations to shorten the length of the control period to four 
months each year, from November 1 through the last day of February. 27 
N.J.R. 787(a), February 21, 1995. This modification has not been 
submitted to EPA as a SIP revision. Subsequently, on September 15, 
1995, in the course of actions on the New York and Connecticut CO SIPs, 
EPA proposed to find that the appropriate length of the control period 
for the entire New York-

[[Page 5300]]
Northern New Jersey-Long Island CMSA is four months. 60 FR 47911 and 60 
FR 47907. EPA also proposed to approve New York's oxygenated fuels 
program and, in a separate notice, Connecticut's oxygenated fuels 
program, both for a four-month control period. 60 FR 47907, September 
15, 1995; 60 FR 47911, September 15, 1995. On September 28, 1995, EPA 
received a request from New Jersey to waive the oxygenated fuel 
requirement for the New Jersey portion of the New York-Northern New 
Jersey-Long Island CMSA under section 211(m)(3)(A). This request is 
still pending.\1\ Finally, on December 7, 1995, EPA published a direct-
final rule (with an accompanying proposal) to redesignate the Southern 
New Jersey Camden County CO nonattainment area to attainment. 60 FR 
62741.

    \1\ EPA has decided to act on New Jersey's oxygenated gasoline 
program at this time, even though the Agency has not completed 
review of the waiver request. EPA will revisit this SIP approval if 
future action on the waiver request makes that necessary.
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    In today's action, EPA is approving New Jersey's oxygenated fuels 
program for Northern New Jersey for a four-month control period; this 
control period length corresponds to the regulation that is currently 
in effect in New Jersey and to the minimum length of control period 
specified in section 211(m) of the Act. This approval finalizes the 
proposed approval of New Jersey's oxygenated gasoline program for four 
of the seven months proposed.

Oxygenated Fuels Requirements

    The section 211(m) oxygenated fuels requirement applies to all 
states with CO nonattainment areas with design values of 9.5 ppm or 
greater based on data for the years 1988 and 1989. Each state's 
oxygenated gasoline program must require gasoline sold or dispensed in 
the larger of the CMSA or the metropolitan statistical area in which 
the nonattainment area is located to contain not less than 2.7 percent 
oxygen by weight during the control period. The control period is that 
portion of the year in which the area is prone to high ambient 
concentrations of CO, as determined by the EPA Administrator. The 
length of the control period shall not be less than four months unless 
a state can demonstrate that, because of meteorological conditions, a 
reduced control period will assure that there will be no carbon 
monoxide exceedances outside of such reduced period. (Clean Air Act 
section 211(m)(2).) EPA announced guidance on the establishment of 
control periods by area in the Federal Register on October 20, 1992.\2\ 
However, in subsequently proposing to approve the New York CO SIP 
revision, EPA proposed to determine that the appropriate length of the 
control period for the New York-Northern New Jersey-Long Island CMSA is 
four months. 60 FR 47911, September 15, 1995. In a separate related 
notice published in today's Federal Register, EPA is soliciting comment 
on this determination for the limited purpose of inviting comment on 
additional information concerning emission modelling related to New 
Jersey's portion of the multi-state CMSA.

    \2\ See, ``Guidelines for Oxygenated Gasoline Credit Programs 
and Guidelines on Establishment of Control Periods under Section 
211(m) of the Clean Air Act as Amended--Notice of Availability,'' 57 
FR 47849 (October 20, 1992).
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State Submittal

    Section 110, part D of Title I, and section 211(m) of the Act 
required New Jersey to submit by November 15, 1992, revisions to the 
State's CO SIP, including an oxygenated gasoline program for the New 
Jersey portions of the New York-Northern New Jersey-Long Island CMSA. 
As part of its November 15, 1992 submittal, the New Jersey Department 
of Environmental Protection (NJDEP) submitted a revised rule--
Subchapter 25, ``Control and Prohibition of Air Pollution by Vehicular 
Fuels,'' of Chapter 27, Title 7 of the New Jersey Administrative Code. 
Subchapter 25 contains the requirements for New Jersey's oxygenated 
gasoline program, which was adopted by New Jersey on September 1, 1992.

Summary of EPA Approval

    In this action, EPA is approving New Jersey's oxygenated gasoline 
program for Northern New Jersey as a revision to the New Jersey CO SIP, 
but is confining this action to approval of a program with a four month 
control period. For two reasons, it is appropriate at this time for EPA 
to take final action to approve New Jersey's oxygenated gasoline 
program for four months of the seven proposed.
    First, at a minimum, any approved program would have to include a 
control period of at least four months to meet the statutory 
requirements in section 211(m) of the Act. However, EPA has not yet 
made a final determination that the period prone to high ambient 
concentrations of CO in the New York-Northern New Jersey-Long Island 
CMSA is limited to four months, and EPA did not propose such a 
determination in the proposed approval of the New Jersey submission. 
EPA will make the final determination of control period length for the 
entire CMSA in a final action on the New York and/or Connecticut 
proposals, as supplemented by the additional data in today's companion 
notice.3 60 FR 47911, September 15, 1995; 60 FR 47907, September 
15, 1995. However, EPA is certain now that, given the statutory four-
month minimum, the four-month period covered by today's final action 
will be an essential element of any fully approvable New Jersey 
oxygenated gasoline SIP submission. Thus, there is no reason for EPA to 
await the outcome of the separate notice-and-comment process on the 
determination of the appropriate control period before approving New 
Jersey's SIP submission for four months.

    \3\ The reader is referred to these notices for further 
information on EPA's proposed determination.
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    Second, New Jersey currently has an oxygenated gasoline program 
with a control period consistent with this determination. As explained 
further below, EPA cannot approve the New Jersey submission for the 
remaining three months so long as the State's laws do not currently 
authorize a program for that additional period.
    In addition, in this rulemaking EPA is finalizing its approval of 
the other elements of New Jersey's oxygenated gasoline program. Since 
most of the elements of New Jersey's oxygenated gasoline program remain 
unchanged from those proposed for approval, EPA here incorporates by 
reference the earlier proposal for all details of the oxygenated 
gasoline program apart from the length of the control period and 
references to the Camden nonattainment area.4 In a subsequent 
final rule EPA will address the other revisions to the New Jersey CO 
SIP, not related to the oxygenated gasoline program, that were proposed 
to be approved in the November 10, 1994 notice.

    \4\ As the Camden nonattainment area is in the process of being 
redesignated to attainment without approval and retention of an 
oxygenated fuels program, the references to the Camden area and the 
``Southern Control Area'' are no longer applicable.
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    In this action, EPA is also making the determination that, if and 
when EPA takes final action determining that the control period for 
this area is the four-month period from November through February, then 
New Jersey's oxygenated gasoline SIP submission shall be deemed to meet 
fully the requirements of section 211(m) of the Act, and this limited 
approval of the four-month part of the New Jersey submission shall be 
deemed converted to a full approval of that part. 

[[Page 5301]]


Discussion

Approval of the SIP Submission for a Four-Month Control Period

    In this action EPA is approving New Jersey's oxygenated gasoline 
program only as it applies from November 1 through the last day of 
February each year. This limited approval is appropriate given its 
consistency with the minimum length of control period required by 
statute and New Jersey's current regulatory authority, which is 
confined to that four-month period.
    Section 211(m)(2) of the Act requires oxygenated gasoline to be 
sold during a control period established by the EPA Administrator based 
on air quality monitoring data. This period must be no less than four 
months, unless the state demonstrates that, because of meteorological 
conditions, a reduced period would assure that there would be no 
exceedances of the CO NAAQS outside of that period. Barring such a 
demonstration, which none of the three affected States has attempted to 
make, this provision requires EPA to approve an oxygenated fuels 
program with at least a four-month control period. Thus, EPA must 
approve at least four months of the seven months of the oxygenated 
gasoline program proposed for approval in November 1994. The issue of 
whether any additional months should be approved will be automatically 
addressed when EPA takes final action on its proposal to modify the 
length of the control period, as discussed further below.
    EPA's limited approval of the New Jersey oxygenated gasoline 
regulation for a four-month control period also ensures that the 
approval complies with the Act's requirement that states have authority 
to implement SIP provisions. Section 110(a)(2)(E)(i) sets as one 
condition for SIP approval that the SIP must provide ``necessary 
assurances that the State * * * will have adequate * * * authority 
under State * * * law to carry out such [SIP].'' Because New Jersey's 
current regulations provide for a four-month control period, EPA's 
approval of the SIP revision for the identical control period tailors 
the approval to New Jersey's current regulation and ensures that the 
revision is approvable under section 110(a)(2)(E).
    Finally, while EPA has proposed to determine that the control 
period for the area be limited to four months, that determination need 
not be finalized in order to approve a four month control period at 
this time. EPA believes it is appropriate to approve New Jersey's 
oxygenated fuel requirement for four months because this approval would 
not increase the stringency of the State submission, a four-month 
control period is a necessary element of the statutorily required 
program, and the period conforms with the State's current regulation. 
In addition, this partial approval ensures that New Jersey's four-month 
control period will be consistent with the proposed approval of four-
month control periods in the respective portions of the New York-
Northern New Jersey-Long Island CMSA for Connecticut and New York.

Consequences of Final Determination of Four-Month Control Period

    There are several consequences that would flow from a final 
determination by EPA that four months is the correct control period for 
this area. First, EPA is determining through this final action that, if 
and when EPA takes final action determining that the control period for 
the area is the four-month period from November through February, then 
the corresponding four-month part of the New Jersey SIP submission 
shall be deemed to meet fully the requirements of section 2ll(m) of the 
Clean Air Act, and this limited approval of the four-month part of the 
New Jersey submission shall be deemed converted to a full approval of 
that part. There are no sanctions implications from this limited 
approval.5

    \5\ This action is a limited approval because, until EPA makes a 
final determination on the length of the control period for this 
area, EPA cannot finally determine whether New Jersey's SIP 
submission meets fully the requirements of section 211(m) of the 
Act. This action is also a partial approval because EPA is approving 
only four months of the seven-month oxygenated gasoline program 
submitted by New Jersey.
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    Second, if and when EPA takes final action determining that the 
control period for the area is the four-month period from November 
through February, that action shall be deemed to withdraw EPA's 
proposed November 10, 1994 approval of the remaining three months of 
the period covered in New Jersey's seven-month SIP submission. Such a 
determination would preempt New Jersey from establishing a longer 
control period due to the prohibition of certain state fuel controls in 
section 211(c)(4)(A) and associated regulation promulgated by EPA on 
December 15, 1993. (59 FR 7716, February 16, 1994).
    Section 211 of the Clean Air Act authorizes EPA to regulate fuels 
and fuel additives. Under section 211(c)(1), the Administrator has the 
authority to control or prohibit the manufacture and sale of fuels and 
fuel additives for motor vehicles on the grounds of danger to public 
health or impairment of emissions control devices. Section 211(c)(4)(A) 
provides that where the Administrator has set such a control or 
prohibition under section 211(c)(1) applicable to a characteristic or 
component of a fuel or fuel additive, no state may set a control or 
prohibition respecting that characteristic or component, unless the 
state control or prohibition is identical to the federal control or 
prohibition. This provision preempts state fuel controls that are 
nonidentical to federal section 211(c)(1) controls on the same 
characteristic or component.
    EPA promulgated the RFG program under the authority of sections 
211(k) and 211(c)(1) (59 FR 7716, February 16, 1994). RFG must contain 
2.0% oxygen content by weight, and it is required year-round in the New 
York-Northern New Jersey-Long Island CMSA. 40 CFR section 80 subpart D. 
In the absence of section 211(m), section 211(c)(4)(A) would preempt 
New Jersey from establishing its own minimum oxygen content 
requirements different from the RFG requirements in RFG areas. Because 
section 211(m) is a specific, more stringent requirement, it overrides 
the general preemption provision as to the specific control period 
applicable in each area, and states are not preempted from complying 
with section 211(m) in RFG areas during that control period. However, 
states are still preempted from setting nonidentical controls or 
prohibitions on oxygen content in RFG areas to the extent that such 
controls or prohibitions are not mandated by section 211(m). This 
prohibition on state fuel controls may be waived if a state shows that 
a nonidentical fuel control is necessary to achieve a NAAQS. (CAA 
section 211(c)(4)(C)).
    EPA has proposed to determine that the New York-Northern New 
Jersey-Long Island CMSA is prone to high ambient concentrations of CO 
during the four-month period of November through February. Section 
211(m) requires states to adopt 2.7% oxygenated gasoline requirements 
only for the period prone to high ambient concentrations of CO, as 
determined by the Administrator. Thus, upon finalization of EPA's 
proposed determination, section 211(m) would require New Jersey to 
adopt a 2.7% minimum oxygen content standard for only the four months 
of November through February. The RFG oxygen content requirement 
preempts any state from prescribing or enforcing oxygen content 
requirements in this RFG area that go beyond what is mandated by 
section 211(m). Thus, New Jersey would be preempted from enforcing an 
oxygenated gasoline program for the additional months of October, March 
and April.

[[Page 5302]]

    Section 110(a)(2)(A) requires SIPs to include ``enforceable * * * 
control measures.'' EPA only has authority to approve the enforceable 
portion of the State submission, which, upon EPA's determination, would 
correspond to a four-month control period. Thus, EPA would be 
authorized to approve New Jersey's oxygenated fuel requirements only 
for the months of November through February. As a consequence, a final 
determination of a four-month control period will be deemed to withdraw 
EPA's November 10, 1994 proposed approval of the remaining three months 
of the period covered in New Jersey's seven-month SIP submission.
    Finally, approving New Jersey's oxygenated gasoline program only 
for a four-month control period would be consistent with the proposed 
approval of four-month control periods in the respective portions of 
the New York-Northern New Jersey-Long Island CMSA for Connecticut and 
New York.

Final Action

    EPA is approving New Jersey's Subchapter 25 oxygenated fuels 
program for the Northern New Jersey portion of the New York-Northern 
New Jersey-Long Island CMSA as it applies for a control period of 
November 1 through the last day of February. In addition, as described 
above, EPA is determining through this final action that, if and when 
EPA takes final action determining that the control period for the area 
is the four-month period from November through February, then the 
corresponding four-month part of the New Jersey SIP submission shall be 
deemed to meet fully the requirements of section 2ll(m) of the Clean 
Air Act, and this limited approval of the four-month part of the New 
Jersey submission shall be deemed converted to a full approval of that 
part.
    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.
    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 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 
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 SIP revision, the state and any 
affected local or tribal governments have elected to adopt the program 
provided for under sections 110 and 182 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 the 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, in any event, 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.
    This action has been classified as a Table 2 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    Under section 307(b)(l) of the CAA, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: January 18, 1996.
William J. Muszynski,
Acting 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 52.1570 is amended by adding paragraph (c)(58) to read 
as follows:


Sec. 52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (58) Revisions to the New Jersey State Implementation Plan (SIP) 
for carbon monoxide concerning the oxygen content of motor vehicle 
gasoline, dated November 15, 1992 submitted by the New Jersey State 
Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Chapter 27, Subchapter 25, ``Control and 
Prohibition of Air Pollution by Vehicular Fuels,'' effective October 5, 
1992 (as limited in Sec. 52.1605).
    3. Section 52.1605 is amended under Title 7, Chapter 27, by 
removing the two existing entries for subchapter 25 and adding a new 
entry for subchapter 25 in numerical order to read as follows:


Sec. 52.1605 EPA  Approved New Jersey regulations. 

[[Page 5303]]


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          State regulation                  State effective date                EPA approved date                            Comments                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
               *                   *                   *                   *                   *                     *                   *              
Title 7, Chapter 27                                                                                                                                     
                                                                                                                                                        
                                                                                                                                                        
               *                   *                   *                   *                   *                     *                   *              
Subchapter 25, ``Control and         Oct. 5, 1992.....................  [Insert date of publication and   Approves 1992 revision of Subchapter 25 except
 Prohibition of Air, Pollution by                                        FR page citation].                that (1) oxygenated gasoline provisions are  
 Vehicular Fuels;''.                                                                                       approved only as they apply to the four month
                                                                                                           control period from November 1 through the   
                                                                                                           last day in February, consistent with the    
                                                                                                           February 21, 1995 NJDEP modification of      
                                                                                                           N.J.A.C. 7:27-25; and (2) oxygenated gasoline
                                                                                                           provisions are approved only as they apply to
                                                                                                           the Northern New Jersey portion of the New   
                                                                                                           York-Northern New Jersey-Long Island         
                                                                                                           consolidated metropolitan statistical area.  
                                                                                                                                                        
                                                                                                                                                        
               *                   *                   *                   *                   *                     *                   *              
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[FR Doc. 96-2581 Filed 2-9-96; 8:45 am]
BILLING CODE 6560-50-P