Outer Continental Shelf Air Regulations Update To Include New Jersey State Requirements, 30050-30054 [2018-13577]

Download as PDF 30050 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [EPA–R02–OAR–2017–0723; FRL–9977– 64—Region 2] Outer Continental Shelf Air Regulations Update To Include New Jersey State Requirements Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing the update of the Outer Continental Shelf (OCS) Air Regulations proposed in the Federal Register on February 13, 2018. Requirements applying to OCS sources located within 25 miles of states’ seaward boundaries must be updated periodically to remain consistent with the requirements for the corresponding onshore area (COA), which is typically the state geographically closest to the OCS source. The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the State of New Jersey is the COA. The intended effect of approving the updated 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 incorporated by reference into the Code of Federal Regulations and are listed in the appendix to the OCS air regulations. DATES: Effective Date: This rule is effective on July 27, 2018. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of July 27, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R02–OAR–2017–0723. The index to the docket is available electronically at https:// www.regulations.gov and in hard copy at EPA Region 2, 290 Broadway, New York, New York 10007. FOR FURTHER INFORMATION CONTACT: Viorica Petriman, Air Programs Branch, Permitting Section, U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York, New York 10007, (212) 637–4021, petriman.viorica@ epa.gov. nshattuck on DSK9F9SC42PROD with RULES SUMMARY: SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Proposed Action VerDate Sep<11>2014 17:49 Jun 26, 2018 Jkt 244001 I. Proposed Action On February 13, 2018 (83 FR 6136), EPA proposed to incorporate requirements into the OCS Air Regulations at 40 CFR part 55 1 pertaining to the State of New Jersey. Section 328(a) of the CAA requires that for such sources located within 25 miles of a State’s seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the corresponding onshore area (COA). Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that the EPA update the OCS requirements as necessary to maintain consistency with onshore requirements. To comply with the statutory mandate of Section 328(a)(1) of the CAA, the EPA must incorporate by reference all relevant state rules into part 55 so they can be applied to OCS sources located offshore. 40 CFR 55.12 specifies certain times at which part 55’s incorporation by reference of a state’s rules must be updated. One such time a consistency update must occur is when any OCS source applicant submits a Notice of Intent (NOI) under 40 CFR 55.4 for a new or a modified OCS source. 40 CFR 55.4(a) requires that any OCS source applicant must submit to EPA a NOI before performing any physical change or change in method of operation that results in an increase in emissions. EPA must conduct any necessary consistency update when it receives an NOI, and prior to receiving any application for a preconstruction permit from the OCS source applicant. 40 CFR 55.6(b)(2) and 55.12(f). On December 21, 2017, the EPA received a NOI for a new OCS source off the coast of New Jersey. In today’s action, the EPA is updating the ‘‘New Jersey’’ section of Appendix A to 40 CFR part 55 to incorporate by reference the relevant New Jersey air pollution control rules that are currently in effect. EPA has evaluated the proposed regulations to ensure that they are rationally related to the attainment or maintenance of Federal or state ambient air quality standards (AAQS) or part C of title I of the Act, that they are not designed expressly to prevent 1 The reader may refer to the 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 exploration and development of the OCS, and that they are applicable to OCS sources. 40 CFR 55.1. The EPA has also evaluated the rules to ensure they are not arbitrary and capricious. 40 CFR 55.12(e). The EPA has excluded New Jersey’s administrative or procedural rules,2 and requirements that regulate toxics which are not related to the attainment and maintenance of Federal and State AAQS. To comply with the statutory mandate of Section 328(a) of the CAA, the EPA must incorporate by reference applicable rules in effect for onshore sources into part 55. This limits EPA’s flexibility in deciding which requirements will be incorporated into 40 CFR part 55 and prevents EPA from making substantive changes to the requirements it incorporates. As a result, EPA may be incorporating rules into 40 CFR 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. Public Comments and EPA Responses EPA’s proposed action provided a 30day public comment period, which closed on March 15, 2018. During this period, we received 12 public comments. None of the comments are relevant to today’s action, which simply incorporates by reference current New Jersey air pollution control rules into the OCS regulations applicable to all OCS sources and makes no findings regarding any specific OCS source. Thus, no EPA response to public comments is warranted. III. EPA Action In this document, EPA is taking final action to incorporate the proposed changes into 40 CFR part 55. EPA is approving this action under section 328(a)(1) of the Act, 42 U.S.C. 7627. Section 328(a) of the Act 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 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). E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations requirements. To comply with this statutory mandate, the EPA must incorporate applicable onshore rules into 40 CFR part 55 as they exist onshore. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the NJDEP air rules that are applicable to OCS sources and which are described in the amendments to 40 CFR part 55 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region 2 Office. Please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information. nshattuck on DSK9F9SC42PROD with RULES V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to establish requirements to control air pollution from OCS sources located within 25 miles of states’ seaward boundaries that are the same as onshore air control requirements. To comply with this statutory mandate, the EPA must incorporate applicable onshore rules into part 55 as they exist onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, the EPA’s role is to maintain consistency between OCS regulations and the regulations of onshore areas, provided that they meet the criteria of the Clean Air Act. Accordingly, this action simply updates the existing OCS requirements to make them consistent with requirements onshore, without the exercise of any policy discretion by the EPA. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandate Reform Act of 1995 (Pub. L. 04–4); VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this final rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it does not have a substantial direct effect on one or more Indian tribes, 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, nor does it impose substantial direct costs on tribal governments, nor preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 27, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 30051 and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 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: April 19, 2018. Peter D. Lopez, Regional Administrator, Region 2. For the reasons set out in the preamble, title 40 of the Code of Federal Regulations, part 55, is amended as follows: PART 55—[AMENDED] 1. The authority citation for part 55 continues to read as follows: ■ Authority: Section 328 of the Clean Air Act (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 3 (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) * * * E:\FR\FM\27JNR1.SGM 27JNR1 30052 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations (A) State of New Jersey Requirements Applicable to OCS Sources, January 16, 2018. * * * * * ■ 3. Appendix A to part 55 is amended by revising paragraph (a)(1) under the heading ‘‘New Jersey’’ to read as follows: 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 Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State Chapter 27 Subchapter 8—Permits and Certificates for Minor Facilities (and Major Facilities Without an Operating Permit) (Effective 1/16/2018) * 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. 7:27–8.23. 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. 7:27–8.27. Special facility-wide permit provisions Appendix 1 * * * * NEW JERSEY (a) * * * (1) The following State of New Jersey requirements are applicable to OCS Sources, as of January 16, 2018. 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 6/20/1994) 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 2/4/2002) 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 4/20/2009) 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 nshattuck on DSK9F9SC42PROD with RULES Chapter 27 Subchapter 5—Prohibition of Air Pollution (Effective 10/12/1977) 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 6/12/1998) 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 Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 Chapter 27 11/6/2017) Subchapter 7—Sulfur (Effective 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 9—Sulfur in Fuels (Effective 9/20/2010) 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 Chapter 27 Subchapter 10—Sulfur in Solid Fuels (Effective 9/6/2011) 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 5/4/1998) 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Chapter 27 Subchapter 12—Prevention and Control of Air Pollution Emergencies (Effective 5/20/1974) 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 1/16/2018) 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. 7:27–16.27. Exceptions 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 11/ 6/2017) 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 E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 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 1/16/2018) 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. 7:27–19.25. Exemption for emergency use of fuel oil N.J.A.C. 7:27–19.26. Penalties nshattuck on DSK9F9SC42PROD with RULES Chapter 27 Subchapter 20—Used Oil Combustion (Effective 9/6/2011) 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 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 1/16/2018) 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. Methods to be used for quantifying actual emissions VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 N.J.A.C. 7:27–21.7. Recordkeeping requirements N.J.A.C. 7:27–21.8. Certification of information N.J.A.C. 7:27–21.9. Request for extensions N.J.A.C. 7:27–21.10. Determination of nonapplicability N.J.A.C. 7:27–21.11. Severability Appendix 1 Chapter 27 Subchapter 22—Operating Permits (Effective 1/16/2018) 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 30053 Chapter 27B Subchapter 1—Sampling and Analytical Procedures for Determining Emissions of Particles From Manufacturing Processes and From Combustion of Fuels (Effective 6/21/1976) 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 6/21/1976) 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. Observation principle N.J.A.C. 7:27B–2.4. General observation requirements N.J.A.C. 7:27B–2.5. Required observation data N.J.A.C. 7:27B–2.6. Certification References Appendix Chapter 27B Subchapter 3—Air Test Method 3: Sampling and Analytical Procedures for the Determination of Volatile Organic Compounds From Source Operations (Effective 12/1/2008) 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 E:\FR\FM\27JNR1.SGM 27JNR1 30054 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 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. 2018–13577 Filed 6–26–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 713 [EPA–HQ–OPPT–2017–0421; FRL–9979–74] RIN 2070–AK22 Mercury; Reporting Requirements for the TSCA Mercury Inventory Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: nshattuck on DSK9F9SC42PROD with RULES I. Executive Summary As required under section 8(b)(10)(D) of the Toxic Substances Control Act (TSCA), EPA is finalizing reporting requirements for applicable persons to provide information to assist in the preparation of an ‘‘inventory of mercury supply, use, and trade in the United States,’’ where ‘‘mercury’’ is defined as ‘‘elemental mercury’’ and ‘‘a mercury compound.’’ The requirements apply to any person who manufactures (including imports) mercury or mercury-added products, or otherwise intentionally uses mercury in a manufacturing process. Based on the inventory of information collected, the Agency is directed to ‘‘identify any manufacturing processes or products that intentionally add mercury; and . . . recommend actions, including proposed revisions of Federal law or regulations, to achieve further reductions in mercury use.’’ At this time, EPA is not making such identifications or recommendations. SUMMARY: VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 This final rule is effective August 27, 2018. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2017–0421, is available at https://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Thomas Groeneveld, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–1188; email address: groeneveld.thomas@ epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: DATES: A. Does this action apply to me? You may be potentially affected by this action if you manufacture (including import) mercury or mercuryadded products, or if you otherwise intentionally use mercury in a manufacturing process. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include the following: • Gold ore mining (NAICS code 212221). • Lead ore and zinc ore mining (NAICS code 212231). • All other metal ore mining (NAICS code 212299). • Asphalt shingle and coating materials manufacturing (NAICS code 324122). • Synthetic dye and pigment manufacturing (NAICS code 325130). • Other basic inorganic chemical manufacturing (NAICS code 325180). PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 • All other basic organic chemical manufacturing (NAICS code 325199). • Plastics material and resin manufacturing (NAICS code 325211). • Pesticide and other agricultural chemical manufacturing (NAICS code 325320). • Medicinal and botanical manufacturing (NAICS code 325411). • Pharmaceutical preparation manufacturing (NAICS code 325412). • Biological product (except diagnostic) manufacturing (NAICS code 325414). • Paint and coating manufacturing (NAICS code 325510). • Adhesive manufacturing (NAICS code 325520). • Custom compounding of purchased resins (NAICS code 325991). • Photographic film, paper, plate, and chemical manufacturing (NAICS code 325992). • All other miscellaneous chemical product and preparation manufacturing (NAICS code 325998). • Unlaminated plastics film and sheet (except packaging) manufacturing (NAICS code 326113). • Unlaminated plastics profile shape manufacturing (NAICS code 326121). • Urethane and other foam product (except polystyrene) manufacturing (NAICS code 326150). • All other plastics product manufacturing (NAICS code 326199). • Tire manufacturing (NAICS code 326211). • All other rubber product manufacturing (NAICS code 326299). • Iron and steel mills and ferroalloy manufacturing (NAICS code 331110). • Rolled steel shape manufacturing (NAICS code 331221). • Alumina refining and primary aluminum production (NAICS code 331313). • Secondary smelting and alloying of aluminum (NAICS code 331314). • Nonferrous metal (except aluminum) smelting and refining (NAICS code 331410). • Secondary smelting, refining, and alloying of nonferrous metal (except copper and aluminum) (NAICS code 331492). • Iron foundries (NAICS code 331511). • Steel foundries (except investment) (NAICS code 331513). • Fabricated structural metal manufacturing (NAICS code 332312). • Industrial valve manufacturing (NAICS code 332911). • Ammunition except small arms manufacturing (NAICS code 332993). • Small arms, ordnance, and ordnance accessories manufacturing (NAICS code 332994). E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30050-30054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13577]



[[Page 30050]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R02-OAR-2017-0723; FRL-9977-64--Region 2]


Outer Continental Shelf Air Regulations Update To Include New 
Jersey State Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
update of the Outer Continental Shelf (OCS) Air Regulations proposed in 
the Federal Register on February 13, 2018. Requirements applying to OCS 
sources located within 25 miles of states' seaward boundaries must be 
updated periodically to remain consistent with the requirements for the 
corresponding onshore area (COA), which is typically the state 
geographically closest to the OCS source. The portion of the OCS air 
regulations that is being updated pertains to the requirements for OCS 
sources for which the State of New Jersey is the COA. The intended 
effect of approving the updated 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 incorporated 
by reference into the Code of Federal Regulations and are listed in the 
appendix to the OCS air regulations.

DATES: Effective Date: This rule is effective on July 27, 2018.
    The incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register as of 
July 27, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2017-0723. The index to the docket is available 
electronically at https://www.regulations.gov and in hard copy at EPA 
Region 2, 290 Broadway, New York, New York 10007.

FOR FURTHER INFORMATION CONTACT: Viorica Petriman, Air Programs Branch, 
Permitting Section, U.S. Environmental Protection Agency, Region 2, 290 
Broadway, New York, New York 10007, (212) 637-4021, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On February 13, 2018 (83 FR 6136), EPA proposed to incorporate 
requirements into the OCS Air Regulations at 40 CFR part 55 \1\ 
pertaining to the State of New Jersey. Section 328(a) of the CAA 
requires that for such sources located within 25 miles of a State's 
seaward boundary, the requirements shall be the same as would be 
applicable if the sources were located in the corresponding onshore 
area (COA). Because the OCS requirements are based on onshore 
requirements, and onshore requirements may change, section 328(a)(1) 
requires that the EPA update the OCS requirements as necessary to 
maintain consistency with onshore requirements.
---------------------------------------------------------------------------

    \1\ The reader may refer to the 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.
---------------------------------------------------------------------------

    To comply with the statutory mandate of Section 328(a)(1) of the 
CAA, the EPA must incorporate by reference all relevant state rules 
into part 55 so they can be applied to OCS sources located offshore. 40 
CFR 55.12 specifies certain times at which part 55's incorporation by 
reference of a state's rules must be updated. One such time a 
consistency update must occur is when any OCS source applicant submits 
a Notice of Intent (NOI) under 40 CFR 55.4 for a new or a modified OCS 
source. 40 CFR 55.4(a) requires that any OCS source applicant must 
submit to EPA a NOI before performing any physical change or change in 
method of operation that results in an increase in emissions. EPA must 
conduct any necessary consistency update when it receives an NOI, and 
prior to receiving any application for a preconstruction permit from 
the OCS source applicant. 40 CFR 55.6(b)(2) and 55.12(f).
    On December 21, 2017, the EPA received a NOI for a new OCS source 
off the coast of New Jersey. In today's action, the EPA is updating the 
``New Jersey'' section of Appendix A to 40 CFR part 55 to incorporate 
by reference the relevant New Jersey air pollution control rules that 
are currently in effect.
    EPA has evaluated the proposed regulations to ensure that they are 
rationally related to the attainment or maintenance of Federal or state 
ambient air quality standards (AAQS) or part C of title I of the Act, 
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. The EPA has also evaluated the rules to ensure they are not 
arbitrary and capricious. 40 CFR 55.12(e). The EPA has excluded New 
Jersey's administrative or procedural rules,\2\ and requirements that 
regulate toxics which 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).
---------------------------------------------------------------------------

    To comply with the statutory mandate of Section 328(a) of the CAA, 
the EPA must incorporate by reference applicable rules in effect for 
onshore sources into part 55. This limits EPA's flexibility in deciding 
which requirements will be incorporated into 40 CFR part 55 and 
prevents EPA from making substantive changes to the requirements it 
incorporates. As a result, EPA may be incorporating rules into 40 CFR 
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. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period, 
which closed on March 15, 2018. During this period, we received 12 
public comments. None of the comments are relevant to today's action, 
which simply incorporates by reference current New Jersey air pollution 
control rules into the OCS regulations applicable to all OCS sources 
and makes no findings regarding any specific OCS source. Thus, no EPA 
response to public comments is warranted.

III. EPA Action

    In this document, EPA is taking final action to incorporate the 
proposed changes into 40 CFR part 55. EPA is approving this action 
under section 328(a)(1) of the Act, 42 U.S.C. 7627. Section 328(a) of 
the Act 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

[[Page 30051]]

requirements. To comply with this statutory mandate, the EPA must 
incorporate applicable onshore rules into 40 CFR part 55 as they exist 
onshore.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the NJDEP 
air rules that are applicable to OCS sources and which are described in 
the amendments to 40 CFR part 55 set forth below. The EPA has made, and 
will continue to make, these documents available through 
www.regulations.gov and at the EPA Region 2 Office. Please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish 
requirements to control air pollution from OCS sources located within 
25 miles of states' seaward boundaries that are the same as onshore air 
control requirements. To comply with this statutory mandate, the EPA 
must incorporate applicable onshore rules into part 55 as they exist 
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS 
consistency updates, the EPA's role is to maintain consistency between 
OCS regulations and the regulations of onshore areas, provided that 
they meet the criteria of the Clean Air Act. Accordingly, this action 
simply updates the existing OCS requirements to make them consistent 
with requirements onshore, without the exercise of any policy 
discretion by the EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993); and 13563 (76 FR 3821, January 
21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded Mandate 
Reform Act of 1995 (Pub. L. 04-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it does not have a substantial direct effect on one or more 
Indian tribes, 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, nor does it impose 
substantial direct costs on tribal governments, nor preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 27, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

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: April 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    For the reasons set out in the preamble, title 40 of the Code of 
Federal Regulations, part 55, is amended as follows:

PART 55--[AMENDED]

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401, et 
seq.) as amended by Public Law 101-549.


0
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 3 (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) * * *

[[Page 30052]]

    (A) State of New Jersey Requirements Applicable to OCS Sources, 
January 16, 2018.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under 
the heading ``New Jersey'' to read as follows:

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 January 16, 2018. 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 6/20/1994)

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 2/4/2002)

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 4/20/2009)

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/
1977)

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 6/12/1998)

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 11/6/2017)

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 1/16/
2018)

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. 7:27-8.23. 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. 7:27-8.27. Special facility-wide permit provisions
Appendix 1

Chapter 27 Subchapter 9--Sulfur in Fuels (Effective 9/20/2010)

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

Chapter 27 Subchapter 10--Sulfur in Solid Fuels (Effective 9/6/2011)

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 5/4/1998)

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 5/20/1974)

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 1/16/2018)

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. 7:27-16.27. Exceptions
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 11/6/2017)

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

[[Page 30053]]

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 1/16/2018)

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. 7:27-19.25. Exemption for emergency use of fuel oil
N.J.A.C. 7:27-19.26. Penalties

Chapter 27 Subchapter 20--Used Oil Combustion (Effective 9/6/2011)

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 1/16/2018)

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. Methods to be used for quantifying actual 
emissions
N.J.A.C. 7:27-21.7. Recordkeeping requirements
N.J.A.C. 7:27-21.8. Certification of information
N.J.A.C. 7:27-21.9. Request for extensions
N.J.A.C. 7:27-21.10. Determination of non-applicability
N.J.A.C. 7:27-21.11. Severability
Appendix 1

Chapter 27 Subchapter 22--Operating Permits (Effective 1/16/2018)

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

Chapter 27B Subchapter 1--Sampling and Analytical Procedures for 
Determining Emissions of Particles From Manufacturing Processes and 
From Combustion of Fuels (Effective 6/21/1976)

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 6/21/1976)

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. Observation principle
N.J.A.C. 7:27B-2.4. General observation requirements
N.J.A.C. 7:27B-2.5. Required observation data
N.J.A.C. 7:27B-2.6. Certification
References
Appendix

Chapter 27B Subchapter 3--Air Test Method 3: Sampling and Analytical 
Procedures for the Determination of Volatile Organic Compounds From 
Source Operations (Effective 12/1/2008)

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

[[Page 30054]]

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. 2018-13577 Filed 6-26-18; 8:45 am]
BILLING CODE 6560-50-P
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