Outer Continental Shelf Air Regulations Consistency Update for New Jersey, 50939-50944 [E9-23797]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules
pwalker on DSK8KYBLC1PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
either review by the Office of
Management and Budget or to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001).
This action merely proposes to
approve a portion of a State-adopted
attainment plan for the San Joaquin
Valley Air Basin and withdraw a
previous proposal and does not impose
any additional requirements.
Accordingly, the Administrator certifies
that this proposed action will not have
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this
proposed action does not impose any
additional enforceable duties, it does
not contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This proposed action does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the plan is
not approved to apply in Indian country
located in the State. It will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
This proposed action also does not
have Federalism implications because it
does not have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This
proposed action merely proposes to
approve a portion of a State-adopted
plan and does not alter the relationship
or the distribution of power and
responsibilities established in the CAA.
Executive Order 12898 establishes a
Federal policy for incorporating
environmental justice into Federal
agency actions by directing agencies to
identify and address, as appropriate,
disproportionately high and adverse
human health or environmental effects
of their programs, policies, and
activities on minority and low-income
populations. Today’s action involves a
proposed approval of a State-adopted
plan. It will not have disproportionately
high and adverse effects on any
VerDate Nov<24>2008
16:38 Oct 01, 2009
Jkt 220001
communities in the area, including
minority and low-income communities.
This proposed action also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant. The requirements of section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This
proposed action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 23, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9–23796 Filed 10–1–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R02–OAR–2009–0680; FRL–8965–1]
Outer Continental Shelf Air
Regulations Consistency Update for
New Jersey
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to update a
portion of the Outer Continental Shelf
(OCS) Air Regulations Requirements
applying to OCS sources located within
25 miles of states’ seaward boundaries
which must be promulgated into the
regulations and updated periodically to
remain consistent with the requirements
of the corresponding onshore area
(COA), as mandated by section 328(a)(1)
of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being
updated pertains to the requirements for
OCS sources in the State of New Jersey.
The intended effect of approving the
OCS requirements for the State of New
Jersey is to regulate emissions from OCS
sources in accordance with the
requirements onshore. The requirements
discussed below are proposed to be
incorporated by reference into the Code
of Federal Regulations and are listed in
the appendix to the OCS air regulations.
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
50939
DATES: Comments must be received on
or before November 2, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2009–0680, by one of the
following methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov: Follow the
on-line instructions for submitting
comments;
B. E-Mail: riva.steven@epa.gov;
C. Mail: Steven Riva, U.S.
Environmental Protection Agency,
Region 2, Air Programs Branch, 290
Broadway, New York, NY 10007;
D. Hand Delivery: U.S. Environmental
Protection Agency, Region 2, Attn:
Steven Riva, 290 Broadway, New York,
NY 10007, 25th Floor. Such deliveries
are only accepted during normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R02–OAR–2009–
0680. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
E:\FR\FM\02OCP1.SGM
02OCP1
50940
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
U.S. Environmental Protection Agency,
Region 2, 290 Broadway, New York,
New York 10007.
FOR FURTHER INFORMATION CONTACT:
Steven Riva, Air Programs Branch, U.S.
Environmental Protection Agency,
Region 2, 290 Broadway, New York,
New York 10007; telephone number:
(212) 637–4074; e-mail address:
riva.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
control air pollution from OCS sources
located within 25 miles of states’
seaward boundaries that are the same as
onshore requirements. To comply with
this statutory mandate, EPA must
incorporate applicable rules in effect for
onshore sources into part 55. This limits
EPA’s flexibility in deciding which
requirements will be incorporated into
part 55 and prevents EPA from making
substantive changes to the requirements
it incorporates. As a result, EPA may be
incorporating rules into part 55 that do
not conform to all of EPA’s State
implementation plan (SIP) guidance or
certain requirements of the CAA.
Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the CAA for SIP approval, nor does
it imply that the rule will be approved
by EPA for inclusion in the SIP.
Table of Contents
What Criteria Were Used To Evaluate
Rules Submitted To Be Incorporated
Into 40 CFR part 55?
I. Background Information
Why Is EPA Taking This Action?
II. EPA’s Evaluation
What Criteria Were Used To Evaluate Rules
Submitted To Be Incorporated Into 40
CFR part 55?
III. Administrative Requirements
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination
With Indian Tribal Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
pwalker on DSK8KYBLC1PROD with PROPOSALS
Why Is EPA Taking This Action?
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain Federal and State
ambient air quality standards (AAQS)
and to comply with the provisions of
part C of title I of the CAA. Part 55
applies to all OCS sources offshore of
the states except those located in the
Gulf of Mexico west of 87.5 degrees
longitude.
Section 328(a) of the CAA requires
that EPA establish requirements to
1 The reader may refer to the Notice of Proposed
Rulemaking, December 5, 1991 (56 FR 63774), and
the preamble to the final rule promulgated
September 4, 1992 (57 FR 40792) for further
background and information on the OCS
regulations.
16:38 Oct 01, 2009
EPA reviewed the rules that New
Jersey submitted for inclusion in part 55
to ensure that they are rationally related
to the attainment or maintenance of
Federal or State AAQS or part C of title
I of the CAA and that they are not
designed expressly to prevent
exploration and development of the
OCS and that they are applicable to OCS
sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure they are
not arbitrary or capricious. 40 CFR 55.12
(e). In addition, EPA has excluded New
Jersey’s administrative or procedural
rules,2 and requirements that regulate
toxics that are not related to the
attainment and maintenance of Federal
and State AAQS.
III. Administrative Requirements
I. Background Information
VerDate Nov<24>2008
II. EPA’s Evaluation
Jkt 220001
A. Executive Order 12866: Regulatory
Planning and Review
The Office of Management and Budget
(OMB) has exempted this regulatory
action from Executive Order 12866,
entitled ‘‘Regulatory Planning and
Review.’’
B. Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.)
2 Each COA, which has been delegated the
authority to implement and enforce part 55, will
use its administrative and procedural rules as
onshore. However, in those instances where EPA
has not delegated authority to implement and
enforce part 55, as in New Jersey, EPA will use its
own administrative and procedural requirements to
implement the substantive requirements. See 40
CFR 55.14(c)(4).
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
C. 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
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 rule will not have a significant
economic impact on a substantial
number of small entities. This rule
implements requirements specifically
and explicitly set forth by the Congress
in section 328 of the CAA, without the
exercise of any policy discretion by
EPA. These OCS rules already apply in
the COA, and EPA has no evidence to
suggest that these OCS rules have had
a significant economic impact on a
substantial number of small entities. As
required by section 328 of the CAA, this
action simply incorporates the existing
rules in the COA. Therefore, EPA
certifies that this action will not have a
significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
Under section 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, and tribal governments in the
aggregate; or to the private sector, of
$100 million or more in any one year.
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 today’s
proposed rule contains no Federal
mandates that may result in
expenditures of $100 million or more
for State, local, or tribal governments, in
the aggregate, or to the private sector in
any one year. This action approves preexisting 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.
E:\FR\FM\02OCP1.SGM
02OCP1
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules
E. Executive Order 13132: Federalism
Federalism (64 FR 43255, August 10,
1999) revokes and replaces Executive
Orders 12612 (Federalism) and 12875
(Enhancing the Intergovernmental
Partnership). Executive Order 13132
requires EPA to develop an accountable
process to ensure meaningful and timely
input by State and local officials in the
development of regulatory policies that
have federalism implications. ‘Policies
that have federalism implications’ is
defined in the Executive Order to
include regulations that have substantial
direct effects on the states, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Under Executive
Order 13132, EPA may not issue a
regulation that has federalism
implications, that imposes substantial
direct compliance costs, and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law unless the Agency consults with
State and local officials early in the
process of developing the proposed
regulation.
This rule will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, because it
merely approves a State rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. Thus, the requirements of
section 6 of the Executive Order do not
apply to this rule.
pwalker on DSK8KYBLC1PROD with PROPOSALS
F. Executive Order 13175: Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications. This final rule does not
have tribal implications, as specified in
Executive Order 13175. It will not have
VerDate Nov<24>2008
16:38 Oct 01, 2009
Jkt 220001
substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.
Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045, entitled
‘‘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 Executive
Order 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 proposed rule is not subject to
Executive Order 13045 because it does
not involve decisions intended to
mitigate environmental health or safety
risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, entitled
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 requires Federal
agencies to evaluate existing technical
standards when developing a new
regulation. To comply with NTTAA,
EPA must consider and use voluntary
consensus standards (VCS) if available
and applicable when developing
programs and policies unless doing so
would be inconsistent with applicable
laws or otherwise impractical.
The EPA believes that VCS are
inapplicable to this section. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
50941
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate
matter, Permits, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: September 18, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
Title 40, chapter I of the Code of
Federal Regulations, is proposed to be
amended as follows:
PART 55—[AMENDED]
1. The authority citation for part 55
continues to read as follows:
Authority: Section 328 of the CAA (42
U.S.C. 7401, et seq.) as amended by Public
Law 101–549.
2. Section 55.14 is amended by
revising the sixth sentence in paragraph
(e) introductory text and paragraph
(e)(15)(i)(A) to read as follows:
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
*
*
*
*
*
(e) * * * Copies of rules pertaining to
particular states or local areas may be
inspected or obtained from the EPA
Docket Center—Public Reading Room,
EPA West Building, Room 3334 1301
Constitution Avenue, NW., Washington,
DC 20004 or the appropriate EPA
regional offices: U.S. EPA, Region 1
(Massachusetts) One Congress Street,
Boston, MA 02114–2023; U.S. EPA,
Region 2 (New Jersey and New York),
290 Broadway, New York, NY 10007–
1866; U.S. EPA, Region III (Delaware),
1650 Arch Street, Philadelphia, PA
19103, (215) 814–5000; U.S. EPA,
Region 4 (Florida and North Carolina),
61 Forsyth Street, Atlanta, GA 30303;
U.S. EPA, Region 9 (California), 75
Hawthorne Street, San Francisco, CA
94105; and U.S. EPA, Region 10
(Alaska), 1200 Sixth Avenue, Seattle,
WA 98101. * * *
*
*
*
*
*
(15) * * *
(i) * * *
(A) State of New Jersey Requirements
Applicable to OCS Sources, August 13,
2009.
*
*
*
*
*
3. Appendix A to Part 55 is amended
by revising paragraph (a)(1) under the
heading ‘‘New Jersey’’ to read as
follows:
E:\FR\FM\02OCP1.SGM
02OCP1
50942
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
N.J.A.C. 7:27–6.4. Emissions tests
N.J.A.C. 7:27–6.5. Variances
N.J.A.C. 7:27–6.7. Exceptions
N.J.A.C. 7:27–10.4. Exemptions
N.J.A.C. 7:27–10.5. SO2 emission rate
determinations
*
CHAPTER 27 SUBCHAPTER 7—SULFUR
(EFFECTIVE 3/1/67)
CHAPTER 27 SUBCHAPTER 11—
INCINERATORS (EFFECTIVE 5/4/98)
N.J.A.C. 7:27–7.1. Definitions
N.J.A.C. 7:27–7.2. Control and
prohibition of air pollution from
sulfur compounds
N.J.A.C. 7:27–11.1. Definitions
N.J.A.C. 7:27–11.2. Construction standards
N.J.A.C. 7:27–11.3. Emission standards
N.J.A.C. 7:27–11.4. Permit to construct;
certificate to operate
N.J.A.C. 7:27–11.5. Operation
N.J.A.C. 7:27–11.6. Exceptions
*
*
*
*
NEW JERSEY
(a) * * *
(1) The following State of New Jersey
requirements are applicable to OCS Sources,
as of August 13, 2009. New Jersey State
Department of Environmental Protection—
New Jersey Administrative Code. The
following sections of Title 7:
CHAPTER 27 SUBCHAPTER 2—CONTROL
AND PROHIBITION OF OPEN BURNING
(EFFECTIVE 6/20/94)
N.J.A.C. 7:27–2.1. Definitions
N.J.A.C. 7:27–2.2. Open burning for salvage
operations
N.J.A.C. 7:27–2.3. Open burning of refuse
N.J.A.C. 7:27–2.4. General provisions
N.J.A.C. 7:27–2.6. Prescribed burning
N.J.A.C. 7:27–2.7. Emergencies
N.J.A.C. 7:27–2.8. Dangerous material
N.J.A.C. 7:27–2.12. Special permit
N.J.A.C. 7:27–2.13. Fees
CHAPTER 27 SUBCHAPTER 3—CONTROL
AND PROHIBITION OF SMOKE FROM
COMBUSTION OF FUEL (EFFECTIVE 2/4/02)
N.J.A.C. 7:27–3.1. Definitions
N.J.A.C. 7:27–3.2. Smoke emissions
from stationary indirect heat
exchangers
N.J.A.C. 7:27–3.3. Smoke emissions
from marine installations
N.J.A.C. 7:27–3.4. Smoke emissions
from the combustion of fuel in
mobile sources
N.J.A.C. 7:27–3.5. Smoke emissions
from stationary internal combustion
engines and stationary turbine
engines
N.J.A.C. 7:27–3.6. Stack test
N.J.A.C. 7:27–3.7. Exceptions
CHAPTER 27 SUBCHAPTER 4—CONTROL
AND PROHIBITION OF PARTICLES FROM
COMBUSTION OF FUEL
(EFFECTIVE 4/20/09)
N.J.A.C. 7:27–4.1. Definitions
N.J.A.C. 7:27–4.2. Standards for the
emission of particles
N.J.A.C. 7:27–4.3. Performance test
principle
N.J.A.C. 7:27–4.4. Emissions tests
N.J.A.C. 7:27–4.6. Exceptions
APPENDIX I
CHAPTER 27 SUBCHAPTER 5—
PROHIBITION OF AIR POLLUTION
(EFFECTIVE 10/12/77)
pwalker on DSK8KYBLC1PROD with PROPOSALS
N.J.A.C. 7:27–5.1. Definitions
N.J.A.C. 7:27–5.2. General provisions
CHAPTER 27 SUBCHAPTER 6—CONTROL
AND PROHIBITION OF PARTICLES FROM
MANUFACTURING PROCESSES
(EFFECTIVE 6/12/98)
N.J.A.C. 7:27–6.1. Definitions
N.J.A.C. 7:27–6.2. Standards for the
emission of particles
N.J.A.C. 7:27–6.3. Performance test
principles
VerDate Nov<24>2008
16:38 Oct 01, 2009
Jkt 220001
CHAPTER 27 SUBCHAPTER 8—PERMITS
AND CERTIFICATES FOR MINOR
FACILITIES (AND MAJOR FACILITIES
WITHOUT AN OPERATING PERMIT)
(EFFECTIVE 4/20/09)
N.J.A.C. 7:27–8.1. Definitions
N.J.A.C. 7:27–8.2. Applicability
N.J.A.C. 7:27–8.3. General provisions
N.J.A.C. 7:27–8.4. How to apply, register,
submit a notice, or renew
N.J.A.C. 7:27–8.5. Air quality impact analysis
N.J.A.C. 7:27–8.6. Service fees
N.J.A.C. 7:27–8.7. Operating certificates
N.J.A.C. 7:27–8.8. General permits
N.J.A.C. 7:27–8.9. Environmental
improvement pilot tests
N.J.A.C. 7:27–8.11. Standards for issuing a
permit
N.J.A.C. 7:27–8.12. State of the art
N.J.A.C. 7:27–8.13. Conditions of approval
N.J.A.C. 7:27–8.14. Denials
N.J.A.C. 7:27–8.15. Reporting requirements
N.J.A.C. 7:27–8.16. Revocation
N.J.A.C. 7:27–8.17. Changes to existing
permits and certificates
N.J.A.C. 7:27–8.18. Permit revisions
N.J.A.C. 7:27–8.19. Compliance plan changes
N.J.A.C. 7:27–8.20. Seven-day notice changes
N.J.A.C. 7:27–8.21. Amendments
N.J.A.C. 7:27–8.22. Changes to sources
permitted under batch plant, pilot plant,
dual plant, or laboratory operating
permitting procedures
N.J.A.C. 7:27–8.23. Reconstruction
N.J.A.C. 7:27–8.24. Special provisions for
construction but not operation
N.J.A.C. 7:27–8.25. Special provisions for
pollution control equipment or pollution
prevention process modifications
N.J.A.C. 7:27–8.26. Civil or criminal penalties
for failure to comply
N.J.A.C. 7:27–8.27. Special facility-wide
permit provisions
N.J.A.C. 7:27–8.28. Delay of testing
CHAPTER 27 SUBCHAPTER 9—SULFUR IN
FUELS (EFFECTIVE 4/19/00)
N.J.A.C. 7:27–9.1. Definitions
N.J.A.C. 7:27–9.2. Sulfur content standards
N.J.A.C. 7:27–9.3. Exemptions
N.J.A.C. 7:27–9.4. Waiver of air quality
modeling
N.J.A.C. 7:27–9.5. Incentive for conversion to
coal or other solid fuel
CHAPTER 27 SUBCHAPTER 10—SULFUR
IN SOLID FUELS (EFFECTIVE 04/20/09)
N.J.A.C. 7:27–10.1. Definitions
N.J.A.C. 7:27–10.2. Sulfur contents standards
N.J.A.C. 7:27–10.3. Expansion, reconstruction
or construction of solid fuel burning
units
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
CHAPTER 27 SUBCHAPTER 12—
PREVENTION AND CONTROL OF AIR
POLLUTION EMERGENCIES
(EFFECTIVE 3/19/74)
N.J.A.C. 7:27–12.1. Definitions
N.J.A.C. 7:27–12.2. Emergency criteria
N.J.A.C. 7:27–12.3. Criteria for emergency
termination
N.J.A.C. 7:27–12.4. Standby plans
N.J.A.C. 7:27–12.5. Standby orders
Table I Emission Reduction Objectives
Table II Emission Reduction Objectives
Table III Emission Reduction Objectives
CHAPTER 27 SUBCHAPTER 16—CONTROL
AND PROHIBITION OF AIR POLLUTION BY
VOLATILE ORGANIC COMPOUNDS
(EFFECTIVE 04/20/09)
N.J.A.C. 7:27–16.1. Definitions
N.J.A.C. 7:27–16.1A. Purpose, scope,
applicability, and severability
N.J.A.C. 7:27–16.2. VOC stationary storage
tanks
N.J.A.C. 7:27–16.3. Gasoline transfer
operations
N.J.A.C. 7:27–16.4. VOC transfer operations,
other than gasoline
N.J.A.C. 7:27–16.5. Marine tank vessel
loading and ballasting operations
N.J.A.C. 7:27–16.6. Open top tanks and
solvent cleaning operations
N.J.A.C. 7:27–16.7. Surface coating and
graphic arts operations
N.J.A.C. 7:27–16.8. Boilers
N.J.A.C. 7:27–16.9. Stationary combustion
turbines
N.J.A.C. 7:27–16.10. Stationary reciprocating
engines
N.J.A.C. 7:27–16.12. Surface coating
operations at mobile equipment repair
and refinishing facilities
N.J.A.C. 7:27–16.13. Flares
N.J.A.C. 7:27–16.16. Other source operations
N.J.A.C. 7:27–16.17. Alternative and facilityspecific VOC control requirements
N.J.A.C. 7:27–16.18. Leak detection and
repair
N.J.A.C. 7:27–16.19. Application of cutback
and emulsified asphalts
N.J.A.C. 7:27–16.21. Natural gas pipelines
N.J.A.C. 7:27–16.22. Emission information,
record keeping and testing
N.J.A.C. 7:27–16.23. Procedures for
demonstrating compliance
N.J.A.C. 7:27–16.26. Variances
N.J.A.C. 7:27–16.27. Exceptions
E:\FR\FM\02OCP1.SGM
02OCP1
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules
APPENDIX I
APPENDIX II
CHAPTER 27 SUBCHAPTER 18—CONTROL
AND PROHIBITION OF AIR POLLUTION
FROM NEW OR ALTERED SOURCES
AFFECTING AMBIENT AIR QUALITY
(EMISSION OFFSET RULES) (EFFECTIVE
12/1/08)
pwalker on DSK8KYBLC1PROD with PROPOSALS
N.J.A.C. 7:27–18.1. Definitions
N.J.A.C. 7:27–18.2. Facilities subject to this
subchapter
N.J.A.C. 7:27–18.3. Standards for issuance of
permits
N.J.A.C. 7:27–18.4. Air quality impact
analysis
N.J.A.C. 7:27–18.5. Standards for use of
emission reductions as emission offsets
N.J.A.C. 7:27–18.6. Emission offset
postponement
N.J.A.C. 7:27–18.7. Determination of a net
emission increase or a significant net
emission increase
N.J.A.C. 7:27–18.8. Banking of emission
reductions
N.J.A.C. 7:27–18.9. Secondary emissions
N.J.A.C. 7:27–18.10. Exemptions
N.J.A.C. 7:27–18.12. Civil or criminal
penalties for failure to comply
CHAPTER 27 SUBCHAPTER 19—CONTROL
AND PROHIBITION OF AIR POLLUTION
FROM OXIDES OF NITROGEN (EFFECTIVE
04/20/09)
N.J.A.C. 7:27–19.1. Definitions
N.J.A.C. 7:27–19.2. Purpose, scope and
applicability
N.J.A.C. 7:27–19.3. General provisions
N.J.A.C. 7:27–19.4. Boilers serving electric
generating units
N.J.A.C. 7:27–19.5. Stationary combustion
turbines
N.J.A.C. 7:27–19.6. Emissions averaging
N.J.A.C. 7:27–19.7. Industrial/commercial/
institutional boilers and other indirect
heat exchangers
N.J.A.C. 7:27–19.8. Stationary reciprocating
engines
N.J.A.C. 7:27–19.11. Emergency generators—
recordkeeping
N.J.A.C. 7:27–19.13. Alternative and facilityspecific NOX emission limits
N.J.A.C. 7:27–19.14. Procedures for obtaining
approvals under this subchapter
N.J.A.C. 7:27–19.15. Procedures and
deadlines for demonstrating compliance
N.J.A.C. 7:27–19.16. Adjusting combustion
processes
N.J.A.C. 7:27–19.17. Source emissions testing
N.J.A.C. 7:27–19.18. Continuous emissions
monitoring
N.J.A.C. 7:27–19.19. Recordkeeping and
recording
N.J.A.C. 7:27–19.20. Fuel switching
N.J.A.C. 7:27–19.21. Phased compliance—
repowering
N.J.A.C. 7:27–19.23. Phased compliance—use
of innovative control technology
N.J.A.C. 7:27–19.24. MEG alerts
N.J.A.C. 7:27–19.25. Exemption for
emergency use of fuel oil
N.J.A.C. 7:27–19.26. Penalties
CHAPTER 27 SUBCHAPTER 20—USED OIL
COMBUSTION (EFFECTIVE 6/19/06)
N.J.A.C. 7:27–20.1. Definitions
VerDate Nov<24>2008
16:38 Oct 01, 2009
Jkt 220001
N.J.A.C. 7:27–20.2. General provisions
N.J.A.C. 7:27–20.3. Burning of onspecification used oil in space heaters
covered by a registration
N.J.A.C. 7:27–20.4. Burning of onspecification used oil in space heaters
covered by a permit
N.J.A.C. 7:27–20.5. Demonstration that used
oil is on-specification
N.J.A.C. 7:27–20.6. Burning of onspecification oil in other combustion
units
N.J.A.C. 7:27–20.7. Burning of offspecification used oil
N.J.A.C. 7:27–20.8. Ash standard
N.J.A.C. 7:27–20.9. Exception
CHAPTER 27 SUBCHAPTER 21—EMISSION
STATEMENTS (EFFECTIVE 4/20/09)
N.J.A.C. 7:27–21.1. Definitions
N.J.A.C. 7:27–21.2. Applicability
N.J.A.C. 7:27–21.3. General provisions
N.J.A.C. 7:27–21.4. Procedures for submitting
an emission statement
N.J.A.C. 7:27–21.5. Required contents of an
emission statement
N.J.A.C. 7:27–21.6. Recordkeeping
requirements
N.J.A.C. 7:27–21.7. Certification of
information
N.J.A.C. 7:27–21.8. Request for extensions
N.J.A.C. 7:27–21.9. Notification of nonapplicability
N.J.A.C. 7:27–21.10. Severability
CHAPTER 27 SUBCHAPTER 22—
OPERATING PERMITS (EFFECTIVE 12/1/08)
N.J.A.C. 7:27–22.1. Definitions
N.J.A.C. 7:27–22.2. Applicability
N.J.A.C. 7:27–22.3. General provisions
N.J.A.C. 7:27–22.4. General application
procedures
N.J.A.C. 7:27–22.5. Application procedures
for initial operating permits
N.J.A.C. 7:27–22.6. Operating permit
application contents
N.J.A.C. 7:27–22.7. Application shield
N.J.A.C. 7:27–22.8. Air quality simulation
modeling and risk assessment
N.J.A.C. 7:27–22.9. Compliance plans
N.J.A.C. 7:27–22.10. Completeness reviews
N.J.A.C. 7:27–22.11. Public comment
N.J.A.C. 7:27–22.12. EPA comment
N.J.A.C. 7:27–22.13. Final action on an
application
N.J.A.C. 7:27–22.14. General operating
permits
N.J.A.C. 7:27–22.15. Temporary facility
operating permits
N.J.A.C. 7:27–22.16. Operating permit
contents
N.J.A.C. 7:27–22.17. Permit shield
N.J.A.C. 7:27–22.18. Source emissions testing
and monitoring
N.J.A.C. 7:27–22.19. Recordkeeping,
reporting and compliance certification
N.J.A.C. 7:27–22.20. Administrative
amendments
N.J.A.C. 7:27–22.21. Changes to insignificant
source operations
N.J.A.C. 7:27–22.22. Seven-day-notice
changes
N.J.A.C. 7:27–22.23. Minor modifications
N.J.A.C. 7:27–22.24. Significant
modifications
N.J.A.C. 7:27–22.24A. Reconstruction
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
50943
N.J.A.C. 7:27–22.25. Department initiated
operating permit modifications
N.J.A.C. 7:27–22.26. MACT and GACT
standards
N.J.A.C. 7:27–22.27. Operating scenarios
N.J.A.C. 7:27–22.28A. Emissions trading
N.J.A.C. 7:27–22.28B. Facility-specific
emissions averaging programs
N.J.A.C. 7:27–22.29. Facilities subject to acid
deposition control
N.J.A.C. 7:27–22.30. Renewals
N.J.A.C. 7:27–22.31. Fees
N.J.A.C. 7:27–22.32. Hearings and appeals
N.J.A.C. 7:27–22.33. Preconstruction review
N.J.A.C. 7:27–22.34. Early reduction of HAP
emissions
N.J.A.C. 7:27–22.35. Advances in the art of
air pollution
APPENDIX
TABLE A
TABLE B
CHAPTER 27 SUBCHAPTER 30—CLEAN
AIR INTERSTATE RULE (CAIR) NOX
TRADING PROGRAM (EFFECTIVE 8/17/07)
N.J.A.C. 7:27–30.1. Purpose and scope
N.J.A.C. 7:27–30.2. Definitions
N.J.A.C. 7:27–30.3. Allocation of CAIR NOX
annual allowances & CAIR NOX ozone
season allowances
N.J.A.C. 7:27–30.4. The compliance
supplement pool
N.J.A.C. 7:27–30.5. Claims for incentive
allowances
N.J.A.C. 7:27–30.6. Reporting requirements
CHAPTER 27 SUBCHAPTER 31—NOX
BUDGET PROGRAM (EFFECTIVE 4/5/04)
N.J.A.C. 7:27–31.1. Purpose and scope
N.J.A.C. 7:27–31.2. Definitions
N.J.A.C. 7:27–31.3. Applicability and general
provisions
N.J.A.C. 7:27–31.4. Opt-in provisions
N.J.A.C. 7:27–31.5. Interface with the
emission offset program
N.J.A.C. 7:27–31.6. Interface with the open
market emissions trading program
N.J.A.C. 7:27–31.7. Annual allowance
allocation
N.J.A.C. 7:27–31.8. Claims for incentive
reserve allowances
N.J.A.C. 7:27–31.9. Permits
N.J.A.C. 7:27–31.10. Allowance use, transfer
and retirement
N.J.A.C. 7:27–31.11. Allowance banking
N.J.A.C. 7:27–31.12. Early reductions
N.J.A.C. 7:27–31.13. NOX allowance tracking
system (NATS)
N.J.A.C. 7:27–31.14. Emission monitoring
N.J.A.C. 7:27–31.15. Recordkeeping
N.J.A.C. 7:27–31.16. Reporting
N.J.A.C. 7:27–31.17. End-of-season
reconciliation
N.J.A.C. 7:27–31.18. Compliance certification
N.J.A.C. 7:27–31.19. Excess emissions
deduction
N.J.A.C. 7:27–31.20. Program audit
N.J.A.C. 7:27–31.21. Guidance documents
and sources incorporated by reference
E:\FR\FM\02OCP1.SGM
02OCP1
50944
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules
CHAPTER 27B SUBCHAPTER 1—
SAMPLING AND ANALYTICAL
PROCEDURES FOR DETERMINING
EMISSIONS OF PARTICLES FROM
MANUFACTURING PROCESSES AND
FROM COMBUSTION OF FUELS
(EFFECTIVE 6/1/76)
N.J.A.C. 7:27B–1.1. Definitions
N.J.A.C. 7:27B–1.2. Acceptable test methods
N.J.A.C. 7:27B–1.3. Operating conditions
during the test
N.J.A.C. 7:27B–1.4. Sampling facilities to be
provided by the person responsible for
emissions
N.J.A.C. 7:27B–1.5. Sampling train
N.J.A.C. 7:27B–1.6. Performance test
principle
N.J.A.C. 7:27B–1.7. General testing
requirements
N.J.A.C. 7:27B–1.8. Required test data
N.J.A.C. 7:27B–1.9. Preparation for sampling
N.J.A.C. 7:27B–1.10. Sampling
N.J.A.C. 7:27B–1.11. Sample recovery
N.J.A.C. 7:27B–1.12. Analysis
N.J.A.C. 7:27B–1.13. Calculations
N.J.A.C. 7:27B–1.14. Validation of test
CHAPTER 27B SUBCHAPTER 2—
PROCEDURES FOR VISUAL
DETERMINATION OF THE OPACITY
(PERCENT) AND SHADE OR APPEARANCE
(RINGELMANN NUMBER) OF EMISSIONS
FROM SOURCES (EFFECTIVE 6/21/76)
N.J.A.C. 7:27B–2.1. Definitions
N.J.A.C. 7:27B–2.2. Acceptable observation
methods
N.J.A.C. 7:27B–2.3. General observation
requirements
N.J.A.C. 7:27B–2.4. Required observation
data
N.J.A.C. 7:27B–2.5. Certification
APPENDIX 1
*
*
*
*
[FR Doc. E9–23797 Filed 10–1–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
50 CFR Part 665
CHAPTER 27B SUBCHAPTER 3—AIR TEST
METHOD 3: SAMPLING AND ANALYTICAL
PROCEDURES FOR THE DETERMINATION
OF VOLATILE ORGANIC COMPOUNDS
FROM SOURCE OPERATIONS (EFFECTIVE
12/1/08)
pwalker on DSK8KYBLC1PROD with PROPOSALS
*
National Oceanic and Atmospheric
Administration
REFERENCE
N.J.A.C. 7:27B–3.1. Definitions
N.J.A.C. 7:27B–3.2. Sampling and analytical
protocol: acceptable test methods
N.J.A.C. 7:27B–3.3. Operating conditions
during the test
N.J.A.C. 7:27B–3.4. Sampling facilities
N.J.A.C. 7:27B–3.5. Source operations and
applicable test methods
N.J.A.C. 7:27B–3.6. Procedures for the
determinations of vapor pressures of a
single known VOC or mixtures of known
and/or unknown VOC
N.J.A.C. 7:27B–3.7. Procedures for the direct
measurement of volatile organic
compounds using a flame ionization
detector (FID), a photoionization detector
(PID) or a non-dispersive infrared
analyzer (NDIR)
N.J.A.C. 7:27B–3.8. Procedures for the direct
measurement of volatile organic
compounds using a gas chromatograph
(GC) with a flame ionization detector
(FID) or other suitable detector
VerDate Nov<24>2008
N.J.A.C. 7:27B–3.9. Procedures for the
sampling and remote analysis of known
volatile organic compounds using a gas
chromatograph (GC) with a flame
ionization detector (FID) or other
suitable detector
N.J.A.C. 7:27B–3.10. Procedures for the
determination of volatile organic
compounds in surface coating
formulations
N.J.A.C. 7:27B–3.11. Procedures for the
determination of volatile organic
compounds emitted from transfer
operations using a flame ionization
detector (FID) or non-dispersive infrared
analyzer (NDIR)
N.J.A.C. 7:27B–3.12. Procedures for the
determination of volatile organic
compounds in cutback and emulsified
asphalts
N.J.A.C. 7:27B–3.13. Procedures for the
determination of leak tightness of
gasoline delivery vessels
N.J.A.C. 7:27B–3.14. Procedures for the direct
detection of fugitive volatile organic
compound leaks
N.J.A.C. 7:27B–3.15. Procedures for the direct
detection of fugitive volatile organic
compound leaks from gasoline tank
trucks and vapor collection systems
using a combustible gas detector
N.J.A.C. 7:27B–3.18. Test methods and
sources incorporated by reference
16:38 Oct 01, 2009
Jkt 220001
RIN 0648–AU71
Fisheries in the Western Pacific;
Fishery Ecosystem Plans
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of five new
fishery ecosystem plans; request for
comments.
SUMMARY: NMFS announces the
availability for public review and
comment of proposed Fishery
Ecosystem Plans (FEPs) for American
Samoa, Hawaii, Mariana Archipelago,
Pacific remote island areas, and western
Pacific pelagic fisheries. The FEPs
would incorporate and reorganize
elements of five existing western Pacific
fishery management plans from a
species- or fishery-basis, to one that is
founded on geography. The FEPs would
not change current management
measures. The objectives of the FEPs are
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
to be consistent with the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) through the incorporation of
ecosystem-based goals and principles in
fishery management.
DATES: Comments on the amendment
must be received by December 1, 2009.
ADDRESSES: Comments on the FEPs,
identified by 0648–AU71, may be sent
to either of the following addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov; or
• Mail: Mail written comments to
William L. Robinson, Regional
Administrator, NMFS, Pacific Islands
Region (PIR), 1601 Kapiolani Blvd, Suite
1110, Honolulu, HI 96814–4700.
Instructions: All comments received
are a part of the public record and will
generally be posted to
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the commenter may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
A Programmatic Environmental
Impact Statement (PEIS) was prepared
for these FEPs. The PEIS and five FEPs
are available from www.regulations.gov
or the Western Pacific Fishery
Management Council (Council), 1164
Bishop St., Suite 1400, Honolulu, HI
96813, 808–522–8220, fax 808–522–
8226, www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Brett Wiedoff, NMFS PIR, 808–944–
2272.
This
Federal Register document is available
at www.gpoaccess.gov/fr.
The Magnuson-Stevens Act authorizes
the regional fishery management
councils to create fishery management
plans. The Council developed five FEPs,
consistent with the Magnuson-Stevens
Act and the national standards for
fishery conservation and management.
This notice announces that the FEPs are
available for public review and
comment for 60 days. NMFS will
consider public comments received
during the comment period in
determining whether to approve,
partially approve, or disapprove the
FEPs.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02OCP1.SGM
02OCP1
]]>Agencies
[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Proposed Rules]
[Pages 50939-50944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23797]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R02-OAR-2009-0680; FRL-8965-1]
Outer Continental Shelf Air Regulations Consistency Update for
New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to update a portion of the Outer Continental
Shelf (OCS) Air Regulations Requirements applying to OCS sources
located within 25 miles of states' seaward boundaries which must be
promulgated into the regulations and updated periodically to remain
consistent with the requirements of the corresponding onshore area
(COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The
portion of the OCS air regulations that is being updated pertains to
the requirements for OCS sources in the State of New Jersey. The
intended effect of approving the OCS requirements for the State of New
Jersey is to regulate emissions from OCS sources in accordance with the
requirements onshore. The requirements discussed below are proposed to
be incorporated by reference into the Code of Federal Regulations and
are listed in the appendix to the OCS air regulations.
DATES: Comments must be received on or before November 2, 2009.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2009-0680, by one of the following methods:
A. Federal eRulemaking Portal: https://www.regulations.gov: Follow
the on-line instructions for submitting comments;
B. E-Mail: riva.steven@epa.gov;
C. Mail: Steven Riva, U.S. Environmental Protection Agency, Region
2, Air Programs Branch, 290 Broadway, New York, NY 10007;
D. Hand Delivery: U.S. Environmental Protection Agency, Region 2,
Attn: Steven Riva, 290 Broadway, New York, NY 10007, 25th Floor. Such
deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2009-0680. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
[[Page 50940]]
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York,
New York 10007.
FOR FURTHER INFORMATION CONTACT: Steven Riva, Air Programs Branch, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, New York, New
York 10007; telephone number: (212) 637-4074; e-mail address:
riva.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
Why Is EPA Taking This Action?
II. EPA's Evaluation
What Criteria Were Used To Evaluate Rules Submitted To Be
Incorporated Into 40 CFR part 55?
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. Background Information
Why Is EPA Taking This Action?
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and State ambient air quality
standards (AAQS) and to comply with the provisions of part C of title I
of the CAA. Part 55 applies to all OCS sources offshore of the states
except those located in the Gulf of Mexico west of 87.5 degrees
longitude.
---------------------------------------------------------------------------
\1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
---------------------------------------------------------------------------
Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
states' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
rules in effect for onshore sources into part 55. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's State
implementation plan (SIP) guidance or certain requirements of the CAA.
Inclusion in the OCS rule does not imply that a rule meets the
requirements of the CAA for SIP approval, nor does it imply that the
rule will be approved by EPA for inclusion in the SIP.
II. EPA's Evaluation
What Criteria Were Used To Evaluate Rules Submitted To Be Incorporated
Into 40 CFR part 55?
EPA reviewed the rules that New Jersey submitted for inclusion in
part 55 to ensure that they are rationally related to the attainment or
maintenance of Federal or State AAQS or part C of title I of the CAA
and that they are not designed expressly to prevent exploration and
development of the OCS and that they are applicable to OCS sources. 40
CFR 55.1. EPA has also evaluated the rules to ensure they are not
arbitrary or capricious. 40 CFR 55.12 (e). In addition, EPA has
excluded New Jersey's administrative or procedural rules,\2\ and
requirements that regulate toxics that are not related to the
attainment and maintenance of Federal and State AAQS.
---------------------------------------------------------------------------
\2\ Each COA, which has been delegated the authority to
implement and enforce part 55, will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce part 55, as in
New Jersey, EPA will use its own administrative and procedural
requirements to implement the substantive requirements. See 40 CFR
55.14(c)(4).
---------------------------------------------------------------------------
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
C. 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 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 rule will not have a significant economic impact on a
substantial number of small entities. This rule implements requirements
specifically and explicitly set forth by the Congress in section 328 of
the CAA, without the exercise of any policy discretion by EPA. These
OCS rules already apply in the COA, and EPA has no evidence to suggest
that these OCS rules have had a significant economic impact on a
substantial number of small entities. As required by section 328 of the
CAA, this action simply incorporates the existing rules in the COA.
Therefore, EPA certifies that this action will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Under section 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, and tribal governments in the aggregate; or to the
private sector, of $100 million or more in any one year. 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 today's proposed rule contains no Federal
mandates that may result in expenditures of $100 million or more for
State, local, or tribal governments, in the aggregate, or to the
private sector in any one year. This 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.
[[Page 50941]]
E. Executive Order 13132: Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure meaningful and timely input by
State and local officials in the development of regulatory policies
that have federalism implications. `Policies that have federalism
implications' is defined in the Executive Order to include regulations
that have substantial direct effects on the states, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Under Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the states,
on the relationship between the national government and the states, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
F. Executive Order 13175: Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure meaningful and
timely input by tribal officials in the development of regulatory
policies that have tribal implications. This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``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 Executive Order 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 proposed rule is not subject to Executive Order 13045 because
it does not involve decisions intended to mitigate environmental health
or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
entitled ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001))
because it is not a significant regulatory action under Executive Order
12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use voluntary consensus standards (VCS) if
available and applicable when developing programs and policies unless
doing so would be inconsistent with applicable laws or otherwise
impractical.
The EPA believes that VCS are inapplicable to this section. Today's
action does not require the public to perform activities conducive to
the use of VCS.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: September 18, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
Title 40, chapter I of the Code of Federal Regulations, is proposed
to be amended as follows:
PART 55--[AMENDED]
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the CAA (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.
2. Section 55.14 is amended by revising the sixth sentence in
paragraph (e) introductory text and paragraph (e)(15)(i)(A) to read as
follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(e) * * * Copies of rules pertaining to particular states or local
areas may be inspected or obtained from the EPA Docket Center--Public
Reading Room, EPA West Building, Room 3334 1301 Constitution Avenue,
NW., Washington, DC 20004 or the appropriate EPA regional offices: U.S.
EPA, Region 1 (Massachusetts) One Congress Street, Boston, MA 02114-
2023; U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New
York, NY 10007-1866; U.S. EPA, Region III (Delaware), 1650 Arch Street,
Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S.
EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. * * *
* * * * *
(15) * * *
(i) * * *
(A) State of New Jersey Requirements Applicable to OCS Sources,
August 13, 2009.
* * * * *
3. Appendix A to Part 55 is amended by revising paragraph (a)(1)
under the heading ``New Jersey'' to read as follows:
[[Page 50942]]
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
NEW JERSEY
(a) * * *
(1) The following State of New Jersey requirements are
applicable to OCS Sources, as of August 13, 2009. New Jersey State
Department of Environmental Protection--New Jersey Administrative
Code. The following sections of Title 7:
CHAPTER 27 SUBCHAPTER 2--CONTROL AND PROHIBITION OF OPEN BURNING
(EFFECTIVE 6/20/94)
N.J.A.C. 7:27-2.1. Definitions
N.J.A.C. 7:27-2.2. Open burning for salvage operations
N.J.A.C. 7:27-2.3. Open burning of refuse
N.J.A.C. 7:27-2.4. General provisions
N.J.A.C. 7:27-2.6. Prescribed burning
N.J.A.C. 7:27-2.7. Emergencies
N.J.A.C. 7:27-2.8. Dangerous material
N.J.A.C. 7:27-2.12. Special permit
N.J.A.C. 7:27-2.13. Fees
CHAPTER 27 SUBCHAPTER 3--CONTROL AND PROHIBITION OF SMOKE FROM
COMBUSTION OF FUEL (EFFECTIVE 2/4/02)
N.J.A.C. 7:27-3.1. Definitions
N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat
exchangers
N.J.A.C. 7:27-3.3. Smoke emissions from marine installations
N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in
mobile sources
N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal combustion
engines and stationary turbine engines
N.J.A.C. 7:27-3.6. Stack test
N.J.A.C. 7:27-3.7. Exceptions
CHAPTER 27 SUBCHAPTER 4--CONTROL AND PROHIBITION OF PARTICLES FROM
COMBUSTION OF FUEL (EFFECTIVE 4/20/09)
N.J.A.C. 7:27-4.1. Definitions
N.J.A.C. 7:27-4.2. Standards for the emission of particles
N.J.A.C. 7:27-4.3. Performance test principle
N.J.A.C. 7:27-4.4. Emissions tests
N.J.A.C. 7:27-4.6. Exceptions
CHAPTER 27 SUBCHAPTER 5--PROHIBITION OF AIR POLLUTION (EFFECTIVE 10/12/
77)
N.J.A.C. 7:27-5.1. Definitions
N.J.A.C. 7:27-5.2. General provisions
CHAPTER 27 SUBCHAPTER 6--CONTROL AND PROHIBITION OF PARTICLES FROM
MANUFACTURING PROCESSES (EFFECTIVE 6/12/98)
N.J.A.C. 7:27-6.1. Definitions
N.J.A.C. 7:27-6.2. Standards for the emission of particles
N.J.A.C. 7:27-6.3. Performance test principles
N.J.A.C. 7:27-6.4. Emissions tests
N.J.A.C. 7:27-6.5. Variances
N.J.A.C. 7:27-6.7. Exceptions
CHAPTER 27 SUBCHAPTER 7--SULFUR (EFFECTIVE 3/1/67)
N.J.A.C. 7:27-7.1. Definitions
N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from sulfur
compounds
CHAPTER 27 SUBCHAPTER 8--PERMITS AND CERTIFICATES FOR MINOR FACILITIES
(AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) (EFFECTIVE 4/20/09)
N.J.A.C. 7:27-8.1. Definitions
N.J.A.C. 7:27-8.2. Applicability
N.J.A.C. 7:27-8.3. General provisions
N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew
N.J.A.C. 7:27-8.5. Air quality impact analysis
N.J.A.C. 7:27-8.6. Service fees
N.J.A.C. 7:27-8.7. Operating certificates
N.J.A.C. 7:27-8.8. General permits
N.J.A.C. 7:27-8.9. Environmental improvement pilot tests
N.J.A.C. 7:27-8.11. Standards for issuing a permit
N.J.A.C. 7:27-8.12. State of the art
N.J.A.C. 7:27-8.13. Conditions of approval
N.J.A.C. 7:27-8.14. Denials
N.J.A.C. 7:27-8.15. Reporting requirements
N.J.A.C. 7:27-8.16. Revocation
N.J.A.C. 7:27-8.17. Changes to existing permits and certificates
N.J.A.C. 7:27-8.18. Permit revisions
N.J.A.C. 7:27-8.19. Compliance plan changes
N.J.A.C. 7:27-8.20. Seven-day notice changes
N.J.A.C. 7:27-8.21. Amendments
N.J.A.C. 7:27-8.22. Changes to sources permitted under batch plant,
pilot plant, dual plant, or laboratory operating permitting
procedures
N.J.A.C. 7:27-8.23. Reconstruction
N.J.A.C. 7:27-8.24. Special provisions for construction but not
operation
N.J.A.C. 7:27-8.25. Special provisions for pollution control
equipment or pollution prevention process modifications
N.J.A.C. 7:27-8.26. Civil or criminal penalties for failure to
comply
N.J.A.C. 7:27-8.27. Special facility-wide permit provisions
N.J.A.C. 7:27-8.28. Delay of testing
APPENDIX I
CHAPTER 27 SUBCHAPTER 9--SULFUR IN FUELS (EFFECTIVE 4/19/00)
N.J.A.C. 7:27-9.1. Definitions
N.J.A.C. 7:27-9.2. Sulfur content standards
N.J.A.C. 7:27-9.3. Exemptions
N.J.A.C. 7:27-9.4. Waiver of air quality modeling
N.J.A.C. 7:27-9.5. Incentive for conversion to coal or other solid
fuel
CHAPTER 27 SUBCHAPTER 10--SULFUR IN SOLID FUELS (EFFECTIVE 04/20/09)
N.J.A.C. 7:27-10.1. Definitions
N.J.A.C. 7:27-10.2. Sulfur contents standards
N.J.A.C. 7:27-10.3. Expansion, reconstruction or construction of
solid fuel burning units
N.J.A.C. 7:27-10.4. Exemptions
N.J.A.C. 7:27-10.5. SO2 emission rate determinations
CHAPTER 27 SUBCHAPTER 11--INCINERATORS (EFFECTIVE 5/4/98)
N.J.A.C. 7:27-11.1. Definitions
N.J.A.C. 7:27-11.2. Construction standards
N.J.A.C. 7:27-11.3. Emission standards
N.J.A.C. 7:27-11.4. Permit to construct; certificate to operate
N.J.A.C. 7:27-11.5. Operation
N.J.A.C. 7:27-11.6. Exceptions
CHAPTER 27 SUBCHAPTER 12--PREVENTION AND CONTROL OF AIR POLLUTION
EMERGENCIES (EFFECTIVE 3/19/74)
N.J.A.C. 7:27-12.1. Definitions
N.J.A.C. 7:27-12.2. Emergency criteria
N.J.A.C. 7:27-12.3. Criteria for emergency termination
N.J.A.C. 7:27-12.4. Standby plans
N.J.A.C. 7:27-12.5. Standby orders
Table I Emission Reduction Objectives
Table II Emission Reduction Objectives
Table III Emission Reduction Objectives
CHAPTER 27 SUBCHAPTER 16--CONTROL AND PROHIBITION OF AIR POLLUTION BY
VOLATILE ORGANIC COMPOUNDS (EFFECTIVE 04/20/09)
N.J.A.C. 7:27-16.1. Definitions
N.J.A.C. 7:27-16.1A. Purpose, scope, applicability, and severability
N.J.A.C. 7:27-16.2. VOC stationary storage tanks
N.J.A.C. 7:27-16.3. Gasoline transfer operations
N.J.A.C. 7:27-16.4. VOC transfer operations, other than gasoline
N.J.A.C. 7:27-16.5. Marine tank vessel loading and ballasting
operations
N.J.A.C. 7:27-16.6. Open top tanks and solvent cleaning operations
N.J.A.C. 7:27-16.7. Surface coating and graphic arts operations
N.J.A.C. 7:27-16.8. Boilers
N.J.A.C. 7:27-16.9. Stationary combustion turbines
N.J.A.C. 7:27-16.10. Stationary reciprocating engines
N.J.A.C. 7:27-16.12. Surface coating operations at mobile equipment
repair and refinishing facilities
N.J.A.C. 7:27-16.13. Flares
N.J.A.C. 7:27-16.16. Other source operations
N.J.A.C. 7:27-16.17. Alternative and facility-specific VOC control
requirements
N.J.A.C. 7:27-16.18. Leak detection and repair
N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts
N.J.A.C. 7:27-16.21. Natural gas pipelines
N.J.A.C. 7:27-16.22. Emission information, record keeping and
testing
N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance
N.J.A.C. 7:27-16.26. Variances
N.J.A.C. 7:27-16.27. Exceptions
[[Page 50943]]
APPENDIX I
APPENDIX II
CHAPTER 27 SUBCHAPTER 18--CONTROL AND PROHIBITION OF AIR POLLUTION FROM
NEW OR ALTERED SOURCES AFFECTING AMBIENT AIR QUALITY (EMISSION OFFSET
RULES) (EFFECTIVE 12/1/08)
N.J.A.C. 7:27-18.1. Definitions
N.J.A.C. 7:27-18.2. Facilities subject to this subchapter
N.J.A.C. 7:27-18.3. Standards for issuance of permits
N.J.A.C. 7:27-18.4. Air quality impact analysis
N.J.A.C. 7:27-18.5. Standards for use of emission reductions as
emission offsets
N.J.A.C. 7:27-18.6. Emission offset postponement
N.J.A.C. 7:27-18.7. Determination of a net emission increase or a
significant net emission increase
N.J.A.C. 7:27-18.8. Banking of emission reductions
N.J.A.C. 7:27-18.9. Secondary emissions
N.J.A.C. 7:27-18.10. Exemptions
N.J.A.C. 7:27-18.12. Civil or criminal penalties for failure to
comply
CHAPTER 27 SUBCHAPTER 19--CONTROL AND PROHIBITION OF AIR POLLUTION FROM
OXIDES OF NITROGEN (EFFECTIVE 04/20/09)
N.J.A.C. 7:27-19.1. Definitions
N.J.A.C. 7:27-19.2. Purpose, scope and applicability
N.J.A.C. 7:27-19.3. General provisions
N.J.A.C. 7:27-19.4. Boilers serving electric generating units
N.J.A.C. 7:27-19.5. Stationary combustion turbines
N.J.A.C. 7:27-19.6. Emissions averaging
N.J.A.C. 7:27-19.7. Industrial/commercial/institutional boilers and
other indirect heat exchangers
N.J.A.C. 7:27-19.8. Stationary reciprocating engines
N.J.A.C. 7:27-19.11. Emergency generators--recordkeeping
N.J.A.C. 7:27-19.13. Alternative and facility-specific
NOX emission limits
N.J.A.C. 7:27-19.14. Procedures for obtaining approvals under this
subchapter
N.J.A.C. 7:27-19.15. Procedures and deadlines for demonstrating
compliance
N.J.A.C. 7:27-19.16. Adjusting combustion processes
N.J.A.C. 7:27-19.17. Source emissions testing
N.J.A.C. 7:27-19.18. Continuous emissions monitoring
N.J.A.C. 7:27-19.19. Recordkeeping and recording
N.J.A.C. 7:27-19.20. Fuel switching
N.J.A.C. 7:27-19.21. Phased compliance--repowering
N.J.A.C. 7:27-19.23. Phased compliance--use of innovative control
technology
N.J.A.C. 7:27-19.24. MEG alerts
N.J.A.C. 7:27-19.25. Exemption for emergency use of fuel oil
N.J.A.C. 7:27-19.26. Penalties
CHAPTER 27 SUBCHAPTER 20--USED OIL COMBUSTION (EFFECTIVE 6/19/06)
N.J.A.C. 7:27-20.1. Definitions
N.J.A.C. 7:27-20.2. General provisions
N.J.A.C. 7:27-20.3. Burning of on-specification used oil in space
heaters covered by a registration
N.J.A.C. 7:27-20.4. Burning of on-specification used oil in space
heaters covered by a permit
N.J.A.C. 7:27-20.5. Demonstration that used oil is on-specification
N.J.A.C. 7:27-20.6. Burning of on-specification oil in other
combustion units
N.J.A.C. 7:27-20.7. Burning of off-specification used oil
N.J.A.C. 7:27-20.8. Ash standard
N.J.A.C. 7:27-20.9. Exception
CHAPTER 27 SUBCHAPTER 21--EMISSION STATEMENTS (EFFECTIVE 4/20/09)
N.J.A.C. 7:27-21.1. Definitions
N.J.A.C. 7:27-21.2. Applicability
N.J.A.C. 7:27-21.3. General provisions
N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement
N.J.A.C. 7:27-21.5. Required contents of an emission statement
N.J.A.C. 7:27-21.6. Recordkeeping requirements
N.J.A.C. 7:27-21.7. Certification of information
N.J.A.C. 7:27-21.8. Request for extensions
N.J.A.C. 7:27-21.9. Notification of non-applicability
N.J.A.C. 7:27-21.10. Severability
CHAPTER 27 SUBCHAPTER 22--OPERATING PERMITS (EFFECTIVE 12/1/08)
N.J.A.C. 7:27-22.1. Definitions
N.J.A.C. 7:27-22.2. Applicability
N.J.A.C. 7:27-22.3. General provisions
N.J.A.C. 7:27-22.4. General application procedures
N.J.A.C. 7:27-22.5. Application procedures for initial operating
permits
N.J.A.C. 7:27-22.6. Operating permit application contents
N.J.A.C. 7:27-22.7. Application shield
N.J.A.C. 7:27-22.8. Air quality simulation modeling and risk
assessment
N.J.A.C. 7:27-22.9. Compliance plans
N.J.A.C. 7:27-22.10. Completeness reviews
N.J.A.C. 7:27-22.11. Public comment
N.J.A.C. 7:27-22.12. EPA comment
N.J.A.C. 7:27-22.13. Final action on an application
N.J.A.C. 7:27-22.14. General operating permits
N.J.A.C. 7:27-22.15. Temporary facility operating permits
N.J.A.C. 7:27-22.16. Operating permit contents
N.J.A.C. 7:27-22.17. Permit shield
N.J.A.C. 7:27-22.18. Source emissions testing and monitoring
N.J.A.C. 7:27-22.19. Recordkeeping, reporting and compliance
certification
N.J.A.C. 7:27-22.20. Administrative amendments
N.J.A.C. 7:27-22.21. Changes to insignificant source operations
N.J.A.C. 7:27-22.22. Seven-day-notice changes
N.J.A.C. 7:27-22.23. Minor modifications
N.J.A.C. 7:27-22.24. Significant modifications
N.J.A.C. 7:27-22.24A. Reconstruction
N.J.A.C. 7:27-22.25. Department initiated operating permit
modifications
N.J.A.C. 7:27-22.26. MACT and GACT standards
N.J.A.C. 7:27-22.27. Operating scenarios
N.J.A.C. 7:27-22.28A. Emissions trading
N.J.A.C. 7:27-22.28B. Facility-specific emissions averaging programs
N.J.A.C. 7:27-22.29. Facilities subject to acid deposition control
N.J.A.C. 7:27-22.30. Renewals
N.J.A.C. 7:27-22.31. Fees
N.J.A.C. 7:27-22.32. Hearings and appeals
N.J.A.C. 7:27-22.33. Preconstruction review
N.J.A.C. 7:27-22.34. Early reduction of HAP emissions
N.J.A.C. 7:27-22.35. Advances in the art of air pollution
APPENDIX
TABLE A
TABLE B
CHAPTER 27 SUBCHAPTER 30--CLEAN AIR INTERSTATE RULE (CAIR)
NOX TRADING PROGRAM (EFFECTIVE 8/17/07)
N.J.A.C. 7:27-30.1. Purpose and scope
N.J.A.C. 7:27-30.2. Definitions
N.J.A.C. 7:27-30.3. Allocation of CAIR NOX annual
allowances & CAIR NOX ozone season allowances
N.J.A.C. 7:27-30.4. The compliance supplement pool
N.J.A.C. 7:27-30.5. Claims for incentive allowances
N.J.A.C. 7:27-30.6. Reporting requirements
CHAPTER 27 SUBCHAPTER 31--NOX BUDGET PROGRAM (EFFECTIVE 4/5/
04)
N.J.A.C. 7:27-31.1. Purpose and scope
N.J.A.C. 7:27-31.2. Definitions
N.J.A.C. 7:27-31.3. Applicability and general provisions
N.J.A.C. 7:27-31.4. Opt-in provisions
N.J.A.C. 7:27-31.5. Interface with the emission offset program
N.J.A.C. 7:27-31.6. Interface with the open market emissions trading
program
N.J.A.C. 7:27-31.7. Annual allowance allocation
N.J.A.C. 7:27-31.8. Claims for incentive reserve allowances
N.J.A.C. 7:27-31.9. Permits
N.J.A.C. 7:27-31.10. Allowance use, transfer and retirement
N.J.A.C. 7:27-31.11. Allowance banking
N.J.A.C. 7:27-31.12. Early reductions
N.J.A.C. 7:27-31.13. NOX allowance tracking system (NATS)
N.J.A.C. 7:27-31.14. Emission monitoring
N.J.A.C. 7:27-31.15. Recordkeeping
N.J.A.C. 7:27-31.16. Reporting
N.J.A.C. 7:27-31.17. End-of-season reconciliation
N.J.A.C. 7:27-31.18. Compliance certification
N.J.A.C. 7:27-31.19. Excess emissions deduction
N.J.A.C. 7:27-31.20. Program audit
N.J.A.C. 7:27-31.21. Guidance documents and sources incorporated by
reference
[[Page 50944]]
CHAPTER 27B SUBCHAPTER 1--SAMPLING AND ANALYTICAL PROCEDURES FOR
DETERMINING EMISSIONS OF PARTICLES FROM MANUFACTURING PROCESSES AND
FROM COMBUSTION OF FUELS (EFFECTIVE 6/1/76)
N.J.A.C. 7:27B-1.1. Definitions
N.J.A.C. 7:27B-1.2. Acceptable test methods
N.J.A.C. 7:27B-1.3. Operating conditions during the test
N.J.A.C. 7:27B-1.4. Sampling facilities to be provided by the person
responsible for emissions
N.J.A.C. 7:27B-1.5. Sampling train
N.J.A.C. 7:27B-1.6. Performance test principle
N.J.A.C. 7:27B-1.7. General testing requirements
N.J.A.C. 7:27B-1.8. Required test data
N.J.A.C. 7:27B-1.9. Preparation for sampling
N.J.A.C. 7:27B-1.10. Sampling
N.J.A.C. 7:27B-1.11. Sample recovery
N.J.A.C. 7:27B-1.12. Analysis
N.J.A.C. 7:27B-1.13. Calculations
N.J.A.C. 7:27B-1.14. Validation of test
CHAPTER 27B SUBCHAPTER 2--PROCEDURES FOR VISUAL DETERMINATION OF THE
OPACITY (PERCENT) AND SHADE OR APPEARANCE (RINGELMANN NUMBER) OF
EMISSIONS FROM SOURCES (EFFECTIVE 6/21/76)
N.J.A.C. 7:27B-2.1. Definitions
N.J.A.C. 7:27B-2.2. Acceptable observation methods
N.J.A.C. 7:27B-2.3. General observation requirements
N.J.A.C. 7:27B-2.4. Required observation data
N.J.A.C. 7:27B-2.5. Certification
REFERENCE
APPENDIX 1
CHAPTER 27B SUBCHAPTER 3--AIR TEST METHOD 3: SAMPLING AND ANALYTICAL
PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM
SOURCE OPERATIONS (EFFECTIVE 12/1/08)
N.J.A.C. 7:27B-3.1. Definitions
N.J.A.C. 7:27B-3.2. Sampling and analytical protocol: acceptable
test methods
N.J.A.C. 7:27B-3.3. Operating conditions during the test
N.J.A.C. 7:27B-3.4. Sampling facilities
N.J.A.C. 7:27B-3.5. Source operations and applicable test methods
N.J.A.C. 7:27B-3.6. Procedures for the determinations of vapor
pressures of a single known VOC or mixtures of known and/or unknown
VOC
N.J.A.C. 7:27B-3.7. Procedures for the direct measurement of
volatile organic compounds using a flame ionization detector (FID),
a photoionization detector (PID) or a non-dispersive infrared
analyzer (NDIR)
N.J.A.C. 7:27B-3.8. Procedures for the direct measurement of
volatile organic compounds using a gas chromatograph (GC) with a
flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.9. Procedures for the sampling and remote analysis
of known volatile organic compounds using a gas chromatograph (GC)
with a flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.10. Procedures for the determination of volatile
organic compounds in surface coating formulations
N.J.A.C. 7:27B-3.11. Procedures for the determination of volatile
organic compounds emitted from transfer operations using a flame
ionization detector (FID) or non-dispersive infrared analyzer (NDIR)
N.J.A.C. 7:27B-3.12. Procedures for the determination of volatile
organic compounds in cutback and emulsified asphalts
N.J.A.C. 7:27B-3.13. Procedures for the determination of leak
tightness of gasoline delivery vessels
N.J.A.C. 7:27B-3.14. Procedures for the direct detection of fugitive
volatile organic compound leaks
N.J.A.C. 7:27B-3.15. Procedures for the direct detection of fugitive
volatile organic compound leaks from gasoline tank trucks and vapor
collection systems using a combustible gas detector
N.J.A.C. 7:27B-3.18. Test methods and sources incorporated by
reference
* * * * *
[FR Doc. E9-23797 Filed 10-1-09; 8:45 am]
BILLING CODE 6560-50-P
