[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Rules and Regulations]
[Pages 3617-3622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1111]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R02-OAR-2009-0680; FRL-9103-3]
Outer Continental Shelf Air Regulations Update To Include New
Jersey State Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the update of the Outer Continental Shelf
(OCS) Air Regulations proposed in the Federal Register on October 2,
2009. Requirements applying to OCS sources located within 25 miles of
States' seaward boundaries must be promulgated and 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 in the State of New Jersey. The intended effect of
approving the OCS requirements for the State of New Jersey is to
regulate emissions from OCS sources in accordance with the requirements
onshore. The requirements discussed below are 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 February 22, 2010.
This incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
February 22, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2009-0680. All documents in the docket are listed on
the http://www.regulations.gov Web site. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 2, 290 Broadway, New York, New York 10007.
FOR FURTHER INFORMATION CONTACT: Steven Riva, Air Programs Branch,
Environmental Protection Agency, Region 2, 290 Broadway, New York, New
York 10007; telephone number: (212) 637-4074; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Public Comment and EPA Response
III. EPA Action
IV. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Coordination With Indian Tribal
Government
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
K. Petitions for Judicial Review
I. Background Information
Throughout this document, the terms ``we,'' ``us,'' and ``our''
refer to the EPA.
On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and state ambient air quality
standards (AAQS) and to comply with the provisions of Part C of title I
of the CAA. 40 CFR part 55 applies to all OCS sources offshore of the
states except those located in the Gulf of Mexico west of 87.5 degrees
longitude.
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\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.
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On October 2, 2009 (74 FR 50939), EPA proposed to approve
requirements into the OCS Air Regulations pertaining to the State of
New Jersey. 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 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. EPA has also evaluated the rules to ensure that they are not
arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules.
Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
rules in effect for onshore sources into 40 CFR 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
[[Page 3618]]
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.
In preparing the Final rule, the following corrections were made to
the list of requirements published on October 2, 2009, and are
incorporated into this final publication:
1. A section titled ``N.J.A.C. 7:27-21.6. Methods to be used for
quantifying actual emissions'' is inserted at Subchapter 21of Chapter
27. This insertion rectifies the unintended omission from that proposed
rule. Subsequently, Subchapters 21.6, 21.7, 21.8, 21.9, and 21.10 now
read 21.7, 21.8, 21.9, 21.10, and 21.11, respectively.
2. The title to Subchapter 31.6 has been edited to now read ``Use
of allowances by former users of DER credits''.
3. The word ``reserve'' has been removed from the title of N.J.A.C.
7:27-31.8 which should read ``Claims for incentive allowances''.
4. A section titled ``N.J.A.C. 7:27B-2.3. Observation principle''
is inserted at Subchapter 2 of Chapter 27B. This insertion rectifies
the unintended omission from the proposed rule. Subsequently,
Subchapters 2.3, 2.4, and 2.5 now read 2.4, 2.5, and 2.6, respectively.
II. Public Comment and EPA Response
EPA's proposed action provided a 30-day public comment period which
closed on November 2, 2009. During this period EPA received no comments
on the proposed action.
III. EPA Action
In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. EPA is approving the proposed
actions 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 requirements. To comply
with this statutory mandate, EPA must incorporate applicable onshore
rules into 40 CFR part 55 as they exist onshore.
IV. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant economic impact on a
substantial number of small entities. This rule implements requirements
specifically and explicitly set forth by the Congress in section 328 of
the CAA, without the exercise of any policy discretion by EPA. These
OCS rules already apply in the COA, and EPA has no evidence to suggest
that these OCS rules have had a significant economic impact on a
substantial number of small entities. As required by section 328 of the
CAA, this action simply incorporates the existing rules in the COA.
Therefore, EPA certifies that this action will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must
prepare a budgetary impact statement to accompany any proposed or final
rule that includes a Federal mandate that may result in estimated costs
to State, local, and tribal governments in the aggregate; or to the
private sector, of $100 million or more in any one year. Under section
205, EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that today's final rule contains no Federal
mandates that may result in expenditures of $100 million or more for
State, local, or tribal governments, in the aggregate, or to the
private sector in any one year. This action approves pre-existing
requirements under State or local law, and imposes no new requirements.
Accordingly, no additional costs to State, local or tribal governments,
or to the private sector, result from this action.
E. Executive Order 13132: Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
[[Page 3619]]
F. Executive Order 13175: Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885 (April 23,
1997)), applies to any rule that: (1) is determined to be
``economically significant'' as defined under Executive Order 12866,
and (2) concerns an environmental health or safety risk that EPA has
reason to believe may have a disproportionate effect on children. If
the regulatory action meets both criteria, the Agency must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This final rule is not subject to Executive Order 13045 because it
does not involve decisions intended to mitigate environmental health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use voluntary consensus standards (VCS) if
available and applicable when developing programs and policies unless
doing so would be inconsistent with applicable laws or otherwise
impractical.
The EPA believes that VCS are inapplicable to this section. Today's
action does not require the public to perform activities conducive to
the use of VCS.
J. Congressional Review Act
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 rule 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 this 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). This action will be effective February 22, 2010.
K. Petition for Judicial Review
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 March 23, 2010. Filing a
petition for reconsideration by the Administrator of this final action
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: December 30, 2009.
Judith A. Enck,
Regional Administrator, Region 2.
0
Title 40, chapter I of the Code of Federal Regulations, is 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 CAA (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 III (Delaware), 1650 Arch Street,
Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S.
EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. * * *
* * * * *
(15) * * *
(i) * * *
(A) State of New Jersey Requirements Applicable to OCS Sources,
August 13, 2009.
* * * * *
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 August 13, 2009. New Jersey State
Department of Environmental Protection--New Jersey Administrative
Code. The following sections of Title 7:
[[Page 3620]]
Chapter 27 Subchapter 2--Control and Prohibition of Open Burning
(Effective 6/20/94)
N.J.A.C. 7:27-2.1. Definitions
N.J.A.C. 7:27-2.2. Open burning for salvage operations
N.J.A.C. 7:27-2.3. Open burning of refuse
N.J.A.C. 7:27-2.4. General provisions
N.J.A.C. 7:27-2.6. Prescribed burning
N.J.A.C. 7:27-2.7. Emergencies
N.J.A.C. 7:27-2.8. Dangerous material
N.J.A.C. 7:27-2.12. Special permit
N.J.A.C. 7:27-2.13. Fees
Chapter 27 Subchapter 3--Control and Prohibition of Smoke From
Combustion of Fuel (Effective 2/4/02)
N.J.A.C. 7:27-3.1. Definitions
N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat
exchangers
N.J.A.C. 7:27-3.3. Smoke emissions from marine installations
N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in
mobile sources
N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal
combustion engines and stationary turbine engines
N.J.A.C. 7:27-3.6. Stack test
N.J.A.C. 7:27-3.7. Exceptions
Chapter 27 Subchapter 4--Control and Prohibition of Particles From
Combustion of Fuel (Effective 4/20/09)
N.J.A.C. 7:27-4.1. Definitions
N.J.A.C. 7:27-4.2. Standards for the emission of particles
N.J.A.C. 7:27-4.3. Performance test principle
N.J.A.C. 7:27-4.4. Emissions tests
N.J.A.C. 7:27-4.6. Exceptions
Chapter 27 Subchapter 5--Prohibition of Air Pollution (Effective 10/12/
77)
N.J.A.C. 7:27-5.1. Definitions
N.J.A.C. 7:27-5.2. General provisions
Chapter 27 Subchapter 6--Control and Prohibition of Particles From
Manufacturing Processes (Effective 6/12/98)
N.J.A.C. 7:27-6.1. Definitions
N.J.A.C. 7:27-6.2. Standards for the emission of particles
N.J.A.C. 7:27-6.3. Performance test principles
N.J.A.C. 7:27-6.4. Emissions tests
N.J.A.C. 7:27-6.5. Variances
N.J.A.C. 7:27-6.7. Exceptions
Chapter 27 Subchapter 7--Sulfur (Effective 3/1/67)
N.J.A.C. 7:27-7.1. Definitions
N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from
sulfur compounds
Chapter 27 Subchapter 8--Permits and Certificates for Minor Facilities
(and Major Facilities Without an Operating Permit) (Effective 4/20/09)
N.J.A.C. 7:27-8.1. Definitions
N.J.A.C. 7:27-8.2. Applicability
N.J.A.C. 7:27-8.3. General provisions
N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew
N.J.A.C. 7:27-8.5. Air quality impact analysis
N.J.A.C. 7:27-8.6. Service fees
N.J.A.C. 7:27-8.7. Operating certificates
N.J.A.C. 7:27-8.8. General permits
N.J.A.C. 7:27-8.9. Environmental improvement pilot tests
N.J.A.C. 7:27-8.11. Standards for issuing a permit
N.J.A.C. 7:27-8.12. State of the art
N.J.A.C. 7:27-8.13. Conditions of approval
N.J.A.C. 7:27-8.14. Denials
N.J.A.C. 7:27-8.15. Reporting requirements
N.J.A.C. 7:27-8.16. Revocation
N.J.A.C. 7:27-8.17. Changes to existing permits and certificates
N.J.A.C. 7:27-8.18. Permit revisions
N.J.A.C. 7:27-8.19. Compliance plan changes
N.J.A.C. 7:27-8.20. Seven-day notice changes
N.J.A.C. 7:27-8.21. Amendments
N.J.A.C. 7:27-8.22. Changes to sources permitted under batch plant,
pilot plant, dual plant, or laboratory operating permitting
procedures
N.J.A.C. 7:27-8.23. Reconstruction
N.J.A.C. 7:27-8.24. Special provisions for construction but not
operation
N.J.A.C. 7:27-8.25. Special provisions for pollution control
equipment or pollution prevention process modifications
N.J.A.C. 7:27-8.26. Civil or criminal penalties for failure to
comply
N.J.A.C. 7:27-8.27. Special facility-wide permit provisions
N.J.A.C. 7:27-8.28. Delay of testing
Appendix I
Chapter 27 Subchapter 9--Sulfur in Fuels (Effective 4/19/00)
N.J.A.C. 7:27-9.1. Definitions
N.J.A.C. 7:27-9.2. Sulfur content standards
N.J.A.C. 7:27-9.3. Exemptions
N.J.A.C. 7:27-9.4. Waiver of air quality modeling
N.J.A.C. 7:27-9.5. Incentive for conversion to coal or other solid
fuel
Chapter 27 Subchapter 10--Sulfur in Solid Fuels (Effective 04/20/09)
N.J.A.C. 7:27-10.1. Definitions
N.J.A.C. 7:27-10.2. Sulfur contents standards
N.J.A.C. 7:27-10.3. Expansion, reconstruction or construction of
solid fuel burning units
N.J.A.C. 7:27-10.4. Exemptions
N.J.A.C. 7:27-10.5. SO2 emission rate determinations
Chapter 27 Subchapter 11--Incinerators (Effective 5/4/98)
N.J.A.C. 7:27-11.1. Definitions
N.J.A.C. 7:27-11.2. Construction standards
N.J.A.C. 7:27-11.3. Emission standards
N.J.A.C. 7:27-11.4. Permit to construct; certificate to operate
N.J.A.C. 7:27-11.5. Operation
N.J.A.C. 7:27-11.6. Exceptions
Chapter 27 Subchapter 12--Prevention and Control of Air Pollution
Emergencies (Effective 3/19/74)
N.J.A.C. 7:27-12.1. Definitions
N.J.A.C. 7:27-12.2. Emergency criteria
N.J.A.C. 7:27-12.3. Criteria for emergency termination
N.J.A.C. 7:27-12.4. Standby plans
N.J.A.C. 7:27-12.5. Standby orders
Table I Emission Reduction Objectives
Table II Emission Reduction Objectives
Table III Emission Reduction Objectives
Chapter 27 Subchapter 16--Control and Prohibition of Air Pollution by
Volatile Organic Compounds (Effective 04/20/09)
N.J.A.C. 7:27-16.1. Definitions
N.J.A.C. 7:27-16.1A. Purpose, scope, applicability, and severability
N.J.A.C. 7:27-16.2. VOC stationary storage tanks
N.J.A.C. 7:27-16.3. Gasoline transfer operations
N.J.A.C. 7:27-16.4. VOC transfer operations, other than gasoline
N.J.A.C. 7:27-16.5. Marine tank vessel loading and ballasting
operations
N.J.A.C. 7:27-16.6. Open top tanks and solvent cleaning operations
N.J.A.C. 7:27-16.7. Surface coating and graphic arts operations
N.J.A.C. 7:27-16.8. Boilers
N.J.A.C. 7:27-16.9. Stationary combustion turbines
N.J.A.C. 7:27-16.10. Stationary reciprocating engines
N.J.A.C. 7:27-16.12. Surface coating operations at mobile equipment
repair and refinishing facilities
N.J.A.C. 7:27-16.13. Flares
N.J.A.C. 7:27-16.16. Other source operations
N.J.A.C. 7:27-16.17. Alternative and facility-specific VOC control
requirements
N.J.A.C. 7:27-16.18. Leak detection and repair
N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts
N.J.A.C. 7:27-16.21. Natural gas pipelines
N.J.A.C. 7:27-16.22. Emission information, recordkeeping and testing
N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance
N.J.A.C. 7:27-16.26. Variances
N.J.A.C. 7:27-16.27. Exceptions
APPENDIX I
APPENDIX II
Chapter 27 Subchapter 18--Control and Prohibition of Air Pollution From
New or Altered Sources Affecting Ambient Air Quality (Emission Offset
Rules) (Effective 12/1/08)
N.J.A.C. 7:27-18.1. Definitions
N.J.A.C. 7:27-18.2. Facilities subject to this subchapter
N.J.A.C. 7:27-18.3. Standards for issuance of permits
N.J.A.C. 7:27-18.4. Air quality impact analysis
N.J.A.C. 7:27-18.5. Standards for use of emission reductions as
emission offsets
N.J.A.C. 7:27-18.6. Emission offset postponement
N.J.A.C. 7:27-18.7. Determination of a net emission increase or a
significant net emission increase
N.J.A.C. 7:27-18.8. Banking of emission reductions
N.J.A.C. 7:27-18.9. Secondary emissions
N.J.A.C. 7:27-18.10. Exemptions
N.J.A.C. 7:27-18.12. Civil or criminal penalties for failure to
comply
Chapter 27 Subchapter 19--Control and Prohibition of Air Pollution From
Oxides of Nitrogen (Effective 04/20/09)
N.J.A.C. 7:27-19.1. Definitions
N.J.A.C. 7:27-19.2. Purpose, scope and applicability
N.J.A.C. 7:27-19.3. General provisions
N.J.A.C. 7:27-19.4. Boilers serving electric generating units
N.J.A.C. 7:27-19.5. Stationary combustion turbines
[[Page 3621]]
N.J.A.C. 7:27-19.6. Emissions averaging
N.J.A.C. 7:27-19.7. Industrial/commercial/institutional boilers and
other indirect heat exchangers
N.J.A.C. 7:27-19.8. Stationary reciprocating engines
N.J.A.C. 7:27-19.11. Emergency generators--recordkeeping
N.J.A.C. 7:27-19.13. Alternative and facility-specific
NOX emission limits
N.J.A.C. 7:27-19.14. Procedures for obtaining approvals under this
subchapter
N.J.A.C. 7:27-19.15. Procedures and deadlines for demonstrating
compliance
N.J.A.C. 7:27-19.16. Adjusting combustion processes
N.J.A.C. 7:27-19.17. Source emissions testing
N.J.A.C. 7:27-19.18. Continuous emissions monitoring
N.J.A.C. 7:27-19.19. Recordkeeping and recording
N.J.A.C. 7:27-19.20. Fuel switching
N.J.A.C. 7:27-19.21. Phased compliance--repowering
N.J.A.C. 7:27-19.23. Phased compliance--use of innovative control
technology
N.J.A.C. 7:27-19.24. MEG alerts
N.J.A.C. 7:27-19.25. Exemption for emergency use of fuel oil
N.J.A.C. 7:27-19.26. Penalties
Chapter 27 Subchapter 20--Used Oil Combustion (Effective 6/19/06)
N.J.A.C. 7:27-20.1. Definitions
N.J.A.C. 7:27-20.2. General provisions
N.J.A.C. 7:27-20.3. Burning of on-specification used oil in space
heaters covered by a registration
N.J.A.C. 7:27-20.4. Burning of on-specification used oil in space
heaters covered by a permit
N.J.A.C. 7:27-20.5. Demonstration that used oil is on-specification
N.J.A.C. 7:27-20.6. Burning of on-specification oil in other
combustion units
N.J.A.C. 7:27-20.7. Burning of off-specification used oil
N.J.A.C. 7:27-20.8. Ash standard
N.J.A.C. 7:27-20.9. Exception
Chapter 27 Subchapter 21--Emission Statements (Effective 4/20/09)
N.J.A.C. 7:27-21.1. Definitions
N.J.A.C. 7:27-21.2. Applicability
N.J.A.C. 7:27-21.3. General provisions
N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement
N.J.A.C. 7:27-21.5. Required contents of an emission statement
N.J.A.C. 7:27-21.6 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. Notification of non-applicability
N.J.A.C. 7:27-21.11. Severability
Chapter 27 Subchapter 22--Operating Permits (Effective 12/1/08)
N.J.A.C. 7:27-22.1. Definitions
N.J.A.C. 7:27-22.2. Applicability
N.J.A.C. 7:27-22.3. General provisions
N.J.A.C. 7:27-22.4. General application procedures
N.J.A.C. 7:27-22.5. Application procedures for initial operating
permits
N.J.A.C. 7:27-22.6. Operating permit application contents
N.J.A.C. 7:27-22.7. Application shield
N.J.A.C. 7:27-22.8. Air quality simulation modeling and risk
assessment
N.J.A.C. 7:27-22.9. Compliance plans
N.J.A.C. 7:27-22.10. Completeness reviews
N.J.A.C. 7:27-22.11. Public comment
N.J.A.C. 7:27-22.12. EPA comment
N.J.A.C. 7:27-22.13. Final action on an application
N.J.A.C. 7:27-22.14. General operating permits
N.J.A.C. 7:27-22.15. Temporary facility operating permits
N.J.A.C. 7:27-22.16. Operating permit contents
N.J.A.C. 7:27-22.17. Permit shield
N.J.A.C. 7:27-22.18. Source emissions testing and monitoring
N.J.A.C. 7:27-22.19. Recordkeeping, reporting and compliance
certification
N.J.A.C. 7:27-22.20. Administrative amendments
N.J.A.C. 7:27-22.21. Changes to insignificant source operations
N.J.A.C. 7:27-22.22. Seven-day-notice changes
N.J.A.C. 7:27-22.23. Minor modifications
N.J.A.C. 7:27-22.24. Significant modifications
N.J.A.C. 7:27-22.24A. Reconstruction
N.J.A.C. 7:27-22.25. Department initiated operating permit
modifications
N.J.A.C. 7:27-22.26. MACT and GACT standards
N.J.A.C. 7:27-22.27. Operating scenarios
N.J.A.C. 7:27-22.28A. Emissions trading
N.J.A.C. 7:27-22.28B. Facility-specific emissions averaging programs
N.J.A.C. 7:27-22.29. Facilities subject to acid deposition control
N.J.A.C. 7:27-22.30. Renewals
N.J.A.C. 7:27-22.31. Fees
N.J.A.C. 7:27-22.32. Hearings and appeals
N.J.A.C. 7:27-22.33. Preconstruction review
N.J.A.C. 7:27-22.34. Early reduction of HAP emissions
N.J.A.C. 7:27-22.35. Advances in the art of air pollution
APPENDIX
TABLE A
TABLE B
Chapter 27 Subchapter 30--Clean Air Interstate Rule (CAIR)
NOX Trading Program (Effective 8/17/07)
N.J.A.C. 7:27-30.1. Purpose and scope
N.J.A.C. 7:27-30.2. Definitions
N.J.A.C. 7:27-30.3. Allocation of CAIR NOX annual
allowances & CAIR NOX ozone season allowances
N.J.A.C. 7:27-30.4. The compliance supplement pool
N.J.A.C. 7:27-30.5. Claims for incentive allowances
N.J.A.C. 7:27-30.6. Reporting requirements
Chapter 27 Subchapter 31--NOX Budget Program (Effective 4/5/
04)
N.J.A.C. 7:27-31.1. Purpose and scope
N.J.A.C. 7:27-31.2. Definitions
N.J.A.C. 7:27-31.3. Applicability and general provisions
N.J.A.C. 7:27-31.4. Opt-in provisions
N.J.A.C. 7:27-31.5. Interface with the emission offset program
N.J.A.C. 7:27-31.6. Use of allowances by former users of DER credits
N.J.A.C. 7:27-31.7. Annual allowance allocation
N.J.A.C. 7:27-31.8. Claims for incentive allowances
N.J.A.C. 7:27-31.9. Permits
N.J.A.C. 7:27-31.10. Allowance use, transfer and retirement
N.J.A.C. 7:27-31.11. Allowance banking
N.J.A.C. 7:27-31.12. Early reductions
N.J.A.C. 7:27-31.13. NOX allowance tracking system (NATS)
N.J.A.C. 7:27-31.14. Emission monitoring
N.J.A.C. 7:27-31.15. Recordkeeping
N.J.A.C. 7:27-31.16. Reporting
N.J.A.C. 7:27-31.17. End-of-season reconciliation
N.J.A.C. 7:27-31.18. Compliance certification
N.J.A.C. 7:27-31.19. Excess emissions deduction
N.J.A.C. 7:27-31.20. Program audit
N.J.A.C. 7:27-31.21. Guidance documents and sources incorporated by
reference
Chapter 27B Subchapter 1--Sampling and Analytical Procedures for
Determining Emissions of Particles From Manufacturing Processes and
From Combustion of Fuels (Effective 6/1/76)
N.J.A.C. 7:27B-1.1. Definitions
N.J.A.C. 7:27B-1.2. Acceptable test methods
N.J.A.C. 7:27B-1.3. Operating conditions during the test
N.J.A.C. 7:27B-1.4. Sampling facilities to be provided by the person
responsible for emissions
N.J.A.C. 7:27B-1.5. Sampling train
N.J.A.C. 7:27B-1.6. Performance test principle
N.J.A.C. 7:27B-1.7. General testing requirements
N.J.A.C. 7:27B-1.8. Required test data
N.J.A.C. 7:27B-1.9. Preparation for sampling
N.J.A.C. 7:27B-1.10. Sampling
N.J.A.C. 7:27B-1.11. Sample recovery
N.J.A.C. 7:27B-1.12. Analysis
N.J.A.C. 7:27B-1.13. Calculations
N.J.A.C. 7:27B-1.14. Validation of test
Chapter 27B Subchapter 2--Procedures for Visual Determination of the
Opacity (Percent) and Shade or Appearance (Ringelmann Number) of
Emissions From Sources (Effective 6/21/76)
N.J.A.C. 7:27B-2.1. Definitions
N.J.A.C. 7:27B-2.2. Acceptable observation methods
N.J.A.C. 7:27B-2.3. 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 12/1/08)
N.J.A.C. 7:27B-3.1. Definitions
[[Page 3622]]
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. 2010-1111 Filed 1-21-10; 8:45 am]
BILLING CODE 6560-50-P