Outer Continental Shelf Air Regulations Update To Include New Jersey State Requirements, 57828-57832 [2024-15327]

Download as PDF khammond on DSKJM1Z7X2PROD with PROPOSALS 57828 Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Proposed Rules Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ TDEC did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this proposed action. Due to the nature of the action being proposed here, this proposed action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this proposed action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. VerDate Sep<11>2014 16:21 Jul 15, 2024 Jkt 262001 Authority: 42 U.S.C. 7401 et seq. Dated: July 9, 2024. Jeaneanne Gettle, Acting Regional Administrator, Region 4. [FR Doc. 2024–15396 Filed 7–15–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [EPA–R02–OAR–2024–0277; FRL 12035–01– R2] Outer Continental Shelf Air Regulations Update To Include New Jersey State Requirements Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (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 must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by the Clean Air Act (CAA). 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 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 listed in the appendix to the OCS air regulations. DATES: Written comments must be received on or before August 15, 2024. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R02–OAR–2024–0277 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not SUMMARY: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. 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. SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Purpose II. The EPA’s Evaluation III. The EPA’s Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On September 4, 1992, EPA promulgated 40 CFR part 55 (‘‘Part 55’’),1 which established requirements to control air pollution from Outer Continental Shelf (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 Clean Air Act (CAA). The 40 CFR part 55 regulations apply 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 for such OCS 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, CAA section 328(a)(1) requires that the EPA update the OCS requirements as necessary to maintain consistency with onshore requirements. To comply with this statutory mandate, the EPA must incorporate by reference into part 55 all relevant state rules in effect for onshore sources, so they can be applied to OCS sources located offshore. This limits EPA’s flexibility in deciding which requirements will be incorporated into 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. E:\FR\FM\16JYP1.SGM 16JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Proposed Rules 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. 40 CFR 55.12 specifies certain times at which part 55’s incorporation by reference of a state’s rules must be updated. One time such 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 an NOI before performing any physical change or change in method of operation that results in an increase in emissions if the OCS source is located within 25 miles of a state’s seaward boundaries. 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). This proposed action is being taken in response to the submittal of an NOI to EPA, with copies provided to certain state agencies, on May 10, 2024, by Atlantic Shores Offshore Wind Project 3, LLC, which proposes to submit an OCS permit application for the construction of a new OCS source (a wind energy project) about 7.3 nautical miles offshore New Jersey. that regulate toxics which are not related to the attainment and maintenance of Federal and State AAQS. II. The EPA’s Evaluation In updating 40 CFR part 55, the EPA reviewed the New Jersey State Department of Environmental Protection (‘‘NJDEP’’) air rules currently in effect, to ensure that they are rationally related to the attainment or maintenance of Federal and State AAQS or part C of title I of the CAA, that they are not designed expressly to prevent exploration and development of the OCS, and that they are applicable to OCS sources. See 40 CFR 55.1. The EPA has also evaluated the rules to ensure they are not arbitrary and capricious. See 40 CFR 55.12(e). The EPA has excluded New Jersey’s administrative or procedural rules, 2 and requirements 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. 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 is the case in New Jersey, EPA will use its own administrative and procedural requirements to VerDate Sep<11>2014 16:21 Jul 15, 2024 Jkt 262001 III. The EPA’s Proposed Action In today’s action, the EPA is proposing to amend 40 CFR 55.14 to incorporate by reference an updated compilation of the State of New Jersey Requirements Applicable to OCS Sources and to revise the ‘‘New Jersey’’ entry in appendix A to 40 CFR part 55 to include air pollution control rules found in New Jersey Administrative Code, title 7, Chapters 27 and 27B, and currently state effective. The specific provisions are identified in the proposed regulatory language at the end of this proposed rule. IV. Incorporation by Reference In this proposed rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference an updated compilation of NJDEP air rules applicable to OCS sources, ‘‘State of New Jersey Requirements Applicable to OCS Sources,’’ dated June 6, 2024, that includes the updated state provisions described in sections II. and III. of this preamble. These documents are available in the docket of this rulemaking through www.regulations.gov. V. Statutory and Executive Order Reviews implement the substantive requirements. See 40 CFR 55.14(c)(4). PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 57829 a. Executive Order 12866, Regulatory Planning and Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Orders (E.O.) 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011) and is therefore not subject to review under the E.O. b. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under PRA because this action only updates the state rules that are incorporated by reference into 40 CFR part 55, appendix A. OMB has previously approved the information collection activities contained in the existing regulations at 40 CFR part 55 and, by extension, this update to 40 CFR part 55, and has assigned OMB control number 2060– 0249. This action does not impose a new information burden under PRA because this action only updates the state rules that are incorporated by reference into 40 CFR part 55, appendix A. c. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant impact on a substantial number of small entities under the RFA. This proposed rule does not impose any requirements or create impacts on small entities. This proposed consistency update under CAA section 328 will not create any new requirements but simply proposes to update the State requirements incorporated by reference into 40 CFR part 55 to match the current State requirements. d. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate or significantly or uniquely affect small governments as described in UMRA, 2 U.S.C. 1531– 1538. The action imposes no enforceable duty on any state, local or Tribal governments. e. Executive Order 13132, Federalism This action does not have federalism implications. It 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. f. Executive Order 13175, Coordination With Indian Tribal Governments This action does not have Tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000), because it does not have a E:\FR\FM\16JYP1.SGM 16JYP1 57830 Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Proposed Rules 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. It merely proposes to update the State law incorporated by reference into 40 CFR part 55 to match current State requirements. g. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 and simply proposes to update the State requirements incorporated by reference into 40 CFR part 55 to match the current State requirements. h. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use. This proposed rule is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. khammond on DSKJM1Z7X2PROD with PROPOSALS i. National Technology Transfer and Advancement Act This rulemaking 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. j. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it 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. List of Subjects in 40 CFR Part 55 Environmental protection, Administrative practice and procedures, VerDate Sep<11>2014 16:21 Jul 15, 2024 Jkt 262001 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. Lisa Garcia, Regional Administrator, Region 2. For the reasons set out in the preamble, title 40 of the Code of Federal Regulations, part 55, is proposed to be amended as follows. PART 55—[AMENDED] 1. The authority citation for 40 CFR 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 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) * * * (15) * * * (i) * * * (A) State of New Jersey Requirements Applicable to OCS Sources, June 6, 2024. * * * * * ■ 3. Appendix A to 40 CFR part 55 is amended by revising the entry for ‘‘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) State requirements. (1) The following State of New Jersey requirements are applicable to OCS Sources, as of June 6, 2024. New Jersey 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 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 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 5/4/1998) 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 11/20/2023) 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 E:\FR\FM\16JYP1.SGM 16JYP1 Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Proposed Rules 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 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 khammond on DSKJM1Z7X2PROD with PROPOSALS 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 16:21 Jul 15, 2024 Jkt 262001 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 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) Chapter 27 Subchapter 16—Control and Prohibition of Air Pollution by Volatile Organic Compounds (Effective 4/4/2022) VerDate Sep<11>2014 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 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 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 57831 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 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 6/6/2022) 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 nonapplicability N.J.A.C. 7:27–21.11. Severability Appendix 1 Chapter 27 Subchapter 22—Operating Permits (Effective 1/3/2023) 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 E:\FR\FM\16JYP1.SGM 16JYP1 57832 Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Proposed Rules 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 khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:21 Jul 15, 2024 Jkt 262001 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 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 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 N.J.A.C. 7:27B–3.18. Test methods and sources incorporated by reference. * * * * * [FR Doc. 2024–15327 Filed 7–15–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2024–0278; FRL–12055–01– OCSPP] Polytetrafluoroethylene; Revocation of the Tolerance Exemption When Used as an Inert Ingredient in Pesticide Products Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA or Agency) is proposing to revoke the tolerance exemption for residues of polytetrafluoroethylene (CAS No. 9002–84–0) under the Federal Food, Drug, and Cosmetic Act (FFDCA) when used as an inert ingredient in pesticide formulations. EPA is proposing to revoke this tolerance exemption because polytetrafluoroethylene, which has been identified as a per- and polyfluoroalkyl substance (PFAS), is no longer used in any registered pesticide product. DATES: Comments must be received on or before September 16, 2024. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2024–0278, through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting and visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (202) 566–1030; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural E:\FR\FM\16JYP1.SGM 16JYP1

Agencies

[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Proposed Rules]
[Pages 57828-57832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R02-OAR-2024-0277; FRL 12035-01-R2]


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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (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 must be updated periodically to remain consistent 
with the requirements of the corresponding onshore area (COA), as 
mandated by the Clean Air Act (CAA). 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 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 
listed in the appendix to the OCS air regulations.

DATES: Written comments must be received on or before August 15, 2024.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2024-0277 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

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:

Table of Contents

I. Background and Purpose
II. The EPA's Evaluation
III. The EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55 (``Part 
55''),\1\ which established requirements to control air pollution from 
Outer Continental Shelf (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 Clean Air Act (CAA). 
The 40 CFR part 55 regulations apply 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 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 for such OCS 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, CAA 
section 328(a)(1) requires that the EPA update the OCS requirements as 
necessary to maintain consistency with onshore requirements. To comply 
with this statutory mandate, the EPA must incorporate by reference into 
part 55 all relevant state rules in effect for onshore sources, so they 
can be applied to OCS sources located offshore. This limits EPA's 
flexibility in deciding which requirements will be incorporated into

[[Page 57829]]

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.
    40 CFR 55.12 specifies certain times at which part 55's 
incorporation by reference of a state's rules must be updated. One time 
such 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 an NOI before performing any physical 
change or change in method of operation that results in an increase in 
emissions if the OCS source is located within 25 miles of a state's 
seaward boundaries. 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). This proposed action is being taken in response to the 
submittal of an NOI to EPA, with copies provided to certain state 
agencies, on May 10, 2024, by Atlantic Shores Offshore Wind Project 3, 
LLC, which proposes to submit an OCS permit application for the 
construction of a new OCS source (a wind energy project) about 7.3 
nautical miles offshore New Jersey.

II. The EPA's Evaluation

    In updating 40 CFR part 55, the EPA reviewed the New Jersey State 
Department of Environmental Protection (``NJDEP'') air rules currently 
in effect, to ensure that they are rationally related to the attainment 
or maintenance of Federal and State AAQS or part C of title I of the 
CAA, that they are not designed expressly to prevent exploration and 
development of the OCS, and that they are applicable to OCS sources. 
See 40 CFR 55.1. The EPA has also evaluated the rules to ensure they 
are not arbitrary and capricious. See 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 is the case 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. The EPA's Proposed Action

    In today's action, the EPA is proposing to amend 40 CFR 55.14 to 
incorporate by reference an updated compilation of the State of New 
Jersey Requirements Applicable to OCS Sources and to revise the ``New 
Jersey'' entry in appendix A to 40 CFR part 55 to include air pollution 
control rules found in New Jersey Administrative Code, title 7, 
Chapters 27 and 27B, and currently state effective. The specific 
provisions are identified in the proposed regulatory language at the 
end of this proposed rule.

IV. Incorporation by Reference

    In this proposed rule, the EPA is proposing to include in a final 
EPA rule regulatory text that includes incorporation by reference. In 
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference an updated compilation of NJDEP air rules 
applicable to OCS sources, ``State of New Jersey Requirements 
Applicable to OCS Sources,'' dated June 6, 2024, that includes the 
updated state provisions described in sections II. and III. of this 
preamble. These documents are available in the docket of this 
rulemaking through www.regulations.gov.

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.

a. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Orders (E.O.) 12866 (58 FR 51735, October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011) and is therefore not subject 
to review under the E.O.

b. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under PRA because this action only updates the state rules that are 
incorporated by reference into 40 CFR part 55, appendix A. OMB has 
previously approved the information collection activities contained in 
the existing regulations at 40 CFR part 55 and, by extension, this 
update to 40 CFR part 55, and has assigned OMB control number 2060-
0249. This action does not impose a new information burden under PRA 
because this action only updates the state rules that are incorporated 
by reference into 40 CFR part 55, appendix A.

c. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant impact on a 
substantial number of small entities under the RFA. This proposed rule 
does not impose any requirements or create impacts on small entities. 
This proposed consistency update under CAA section 328 will not create 
any new requirements but simply proposes to update the State 
requirements incorporated by reference into 40 CFR part 55 to match the 
current State requirements.

d. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate or significantly 
or uniquely affect small governments as described in UMRA, 2 U.S.C. 
1531-1538. The action imposes no enforceable duty on any state, local 
or Tribal governments.

e. Executive Order 13132, Federalism

    This action does not have federalism implications. It 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.

f. Executive Order 13175, Coordination With Indian Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000), because it does 
not have a

[[Page 57830]]

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. It merely proposes 
to update the State law incorporated by reference into 40 CFR part 55 
to match current State requirements.

g. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern health or safety risks that the EPA has 
reason to believe may disproportionately affect children, per the 
definition of ``covered regulatory action'' in section 2-202 of the 
Executive Order. This action is not subject to Executive Order 13045 
because it is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 and simply 
proposes to update the State requirements incorporated by reference 
into 40 CFR part 55 to match the current State requirements.

h. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use.

    This proposed rule is not subject to Executive Order 13211 because 
it is not a significant regulatory action under Executive Order 12866.

i. National Technology Transfer and Advancement Act

    This rulemaking 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.

j. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it 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.

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.

Lisa Garcia,
Regional Administrator, Region 2.

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

PART 55--[AMENDED]

0
1. The authority citation for 40 CFR 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 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) * * *
    (15) * * *
    (i) * * *
    (A) State of New Jersey Requirements Applicable to OCS Sources, 
June 6, 2024.
* * * * *
0
3. Appendix A to 40 CFR part 55 is amended by revising the entry for 
``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) State requirements.
    (1) The following State of New Jersey requirements are 
applicable to OCS Sources, as of June 6, 2024. New Jersey 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 5/4/1998)

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 11/20/
2023)

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

[[Page 57831]]

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
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 4/4/2022)

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
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 6/6/2022)

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 1/3/2023)

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

[[Page 57832]]

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
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. 2024-15327 Filed 7-15-24; 8:45 am]
BILLING CODE 6560-50-P
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