[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66505-66509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25301]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R02-OAR-2021-0747; FRL-9241-01-R2]
Outer Continental Shelf Air Regulations Update To Include New
Jersey State Requirements
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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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 section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources 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 are listed in the appendix to the OCS air
regulations.
DATES: Written comments must be received on or before December 23,
2021.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2021-0747 at http://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 http://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 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.
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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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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 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
[[Page 66506]]
before performing any physical change or change in method of operation
that results in an increase in emissions. EPA must conduct any
necessary consistency update when it receives an NOI, and prior to
receiving any application for a preconstruction permit from the OCS
source applicant. 40 CFR 55.6(b)(2) and 55.12(f). This proposed action
is being taken in response to the submittal of an NOI on September 14,
2021, by Ocean Wind, LLC, which proposes to submit an OCS permit
application for the construction of a new OCS source (a wind energy
project) about 15 miles offshore New Jersey.
II. The EPA's Evaluation
In updating 40 CFR part 55, the EPA reviewed the New Jersey
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.
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\2\ Each COA, which has been delegated the authority to
implement and enforce part 55, will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce part 55, as in
New Jersey, EPA will use its own administrative and procedural
requirements to implement the substantive requirements. See 40 CFR
55.14(c)(4).
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III. The EPA's Proposed Action
In today's action, the EPA is proposing to update the ``New
Jersey'' section of Appendix A to 40 CFR part 55 to incorporate by
reference the following relevant New Jersey air pollution control rules
that are currently in effect:
Chapter 27 Subchapter 2--Control and Prohibition of Open Burning
(Effective 6/20/1994),
N.J.A.C. 7:27-2.1 through 2.4,7:27-2.6 through 2.8, and 7:27-2.12
through 2.13;
Chapter 27 Subchapter 3--Control and Prohibition of Smoke from
Combustion of Fuel (Effective 2/4/2002);
Chapter 27 Subchapter 4--Control and Prohibition of Particles from
Combustion of Fuel (Effective 4/20/2009);
Chapter 27 Subchapter 5--Prohibition of Air Pollution (Effective
10/12/1977);
Chapter 27 Subchapter 6--Control and Prohibition of Particles from
Manufacturing Processes (Effective 6/12/1998);
Chapter 27 Subchapter 7--Sulfur (Effective 11/6/2017), N.J.A.C.
7:27-7.1 and 7.2;
Chapter 27 Subchapter 8--Permits and Certificates for Minor
Facilities (and Major Facilities without an Operating Permit)
(Effective 4/6/2020), N.J.A.C. 7:27-8.1 through 8.9, 7:27-8.11 through
8.21, 7:27-8.23 through 8.25, 7:27-8.27, and Appendix 1;
Chapter 27 Subchapter 9--Sulfur in Fuels (Effective 9/20/2010);
Chapter 27 Subchapter 10--Sulfur in Solid Fuels (Effective 9/6/
2011);
Chapter 27 Subchapter 11--Incinerators (Effective 5/4/1998);
Chapter 27 Subchapter 12--Prevention and Control of Air Pollution
Emergencies (Effective 5/20/1974);
Chapter 27 Subchapter 16--Control and Prohibition of Air Pollution
by Volatile Organic Compounds (Effective 1/16/2018), N.J.A.C. 7:27-16.1
through 16.10, 7:27-16.12 through 16.13, 7:27-16.16 through 16.23,
7:27-16. 27, and Appendix I and 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);
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
through 19.8, 7:27-19.11, 7:27-19.13 through 19.21, 7:27-19.23, and
7:27-19.25 through 19.26;
Chapter 27 Subchapter 20--Used Oil Combustion (Effective 9/6/2011);
Chapter 27 Subchapter 21--Emission Statements (Effective 1/16/
2018);
Chapter 27 Subchapter 22--Operating Permits (Effective 11/2/2020);
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);
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); and
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).
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 the NJDEP air rules that are applicable to OCS
sources and which are currently in effect. These regulations are
described in Section III (``The EPA's Proposed Action'') of this
preamble. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 2
Office. Please contact the person identified in the For Further
Information Contact section of this preamble for more information.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, the EPA
must incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, the EPA's role is to maintain consistency between
OCS regulations and the regulations of onshore areas, provided that
they meet the criteria of the Clean Air Act. Accordingly, this action
simply updates the existing OCS requirements to make them consistent
with requirements onshore, without the exercise of any policy
discretion by the EPA.
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 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
[[Page 66507]]
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 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 updated
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.
Dated: November 15, 2021.
Walter Mugdan,
Acting 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 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, October
6, 2021.
* * * * *
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 40 CFR Part 55--Listing of State and Local Requirements
Incorporated by Reference Into 40 CFR Part 55, by State
* * * * *
NEW JERSEY
(a) State requirements,
(1) The following State of New Jersey requirements are
applicable to OCS Sources, as of October 6, 2021. New Jersey State
Department of Environmental Protection--New Jersey Administrative
Code. The following sections of Title 7:
Chapter 27 Subchapter 2--Control and Prohibition of Open Burning
(Effective 6/20/1994)
N.J.A.C. 7:27-2.1. Definitions
N.J.A.C. 7:27-2.2. Open burning for salvage operations
N.J.A.C. 7:27-2.3. Open burning of refuse
N.J.A.C. 7:27-2.4. General provisions
N.J.A.C. 7:27-2.6. Prescribed burning
N.J.A.C. 7:27-2.7. Emergencies
N.J.A.C. 7:27-2.8. Dangerous material
N.J.A.C. 7:27-2.12. Special permit
N.J.A.C. 7:27-2.13. Fees
Chapter 27 Subchapter 3--Control and Prohibition of Smoke From
Combustion of Fuel (Effective 2/4/2002)
N.J.A.C. 7:27-3.1. Definitions
N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat
exchangers
N.J.A.C. 7:27-3.3. Smoke emissions from marine installations
N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in
mobile sources
N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal
combustion engines and stationary turbine engines
N.J.A.C. 7:27-3.6. Stack test
N.J.A.C. 7:27-3.7. Exceptions
Chapter 27 Subchapter 4--Control and Prohibition of Particles From
Combustion of Fuel (Effective 4/20/2009)
N.J.A.C. 7:27-4.1. Definitions
N.J.A.C. 7:27-4.2. Standards for the emission of particles
N.J.A.C. 7:27-4.3. Performance test principle
N.J.A.C. 7:27-4.4. Emissions tests
N.J.A.C. 7:27-4.6. Exceptions
[[Page 66508]]
Chapter 27 Subchapter 5--Prohibition of Air Pollution (Effective 10/12/
1977)
N.J.A.C. 7:27-5.1. Definitions
N.J.A.C. 7:27-5.2. General provisions
Chapter 27 Subchapter 6--Control and Prohibition of Particles From
Manufacturing Processes (Effective 6/12/1998)
N.J.A.C. 7:27-6.1. Definitions
N.J.A.C. 7:27-6.2. Standards for the emission of particles
N.J.A.C. 7:27-6.3. Performance test principles
N.J.A.C. 7:27-6.4. Emissions tests
N.J.A.C. 7:27-6.5. Variances
N.J.A.C. 7:27-6.7. Exceptions
Chapter 27 Subchapter 7--Sulfur (Effective 11/6/2017)
N.J.A.C. 7:27-7.1. Definitions
N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from
sulfur compounds
Chapter 27 Subchapter 8--Permits and Certificates for Minor Facilities
(and Major Facilities Without an Operating Permit) (Effective 4/6/2020)
N.J.A.C. 7:27-8.1. Definitions
N.J.A.C. 7:27-8.2. Applicability
N.J.A.C. 7:27-8.3. General provisions
N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew
N.J.A.C. 7:27-8.5. Air quality impact analysis
N.J.A.C. 7:27-8.6. Service fees
N.J.A.C. 7:27-8.7. Operating certificates
N.J.A.C. 7:27-8.8. General permits
N.J.A.C. 7:27-8.9. Environmental improvement pilot tests
N.J.A.C. 7:27-8.11. Standards for issuing a permit
N.J.A.C. 7:27-8.12. State of the art
N.J.A.C. 7:27-8.13. Conditions of approval
N.J.A.C. 7:27-8.14. Denials
N.J.A.C. 7:27-8.15. Reporting requirements
N.J.A.C. 7:27-8.16. Revocation
N.J.A.C. 7:27-8.17. Changes to existing permits and certificates
N.J.A.C. 7:27-8.18. Permit revisions
N.J.A.C. 7:27-8.19. Compliance plan changes
N.J.A.C. 7:27-8.20. Seven-day notice changes
N.J.A.C. 7:27-8.21. Amendments
N.J.A.C. 7:27-8.23. Reconstruction
N.J.A.C. 7:27-8.24. Special provisions for construction but not
operation
N.J.A.C. 7:27-8.25. Special provisions for pollution control
equipment or pollution prevention process modifications
N.J.A.C. 7:27-8.27. Special facility-wide permit provisions
Appendix 1
Chapter 27 Subchapter 9--Sulfur in Fuels (Effective 9/20/2010)
N.J.A.C. 7:27-9.1. Definitions
N.J.A.C. 7:27-9.2. Sulfur content standards
N.J.A.C. 7:27-9.3. Exemptions
N.J.A.C. 7:27-9.4. Waiver of air quality modeling
Chapter 27 Subchapter 10--Sulfur in Solid Fuels (Effective 9/6/2011)
N.J.A.C. 7:27-10.1. Definitions
N.J.A.C. 7:27-10.2. Sulfur contents standards
N.J.A.C. 7:27-10.3. Expansion, reconstruction, or construction of
solid fuel burning units
N.J.A.C. 7:27-10.4. Exemptions
N.J.A.C. 7:27-10.5. SO2 emission rate determinations
Chapter 27 Subchapter 11--Incinerators (Effective 5/4/1998)
N.J.A.C. 7:27-11.1. Definitions
N.J.A.C. 7:27-11.2. Construction standards
N.J.A.C. 7:27-11.3. Emission standards
N.J.A.C. 7:27-11.4. Permit to construct; certificate to operate
N.J.A.C. 7:27-11.5. Operation
N.J.A.C. 7:27-11.6. Exceptions
Chapter 27 Subchapter 12--Prevention and Control of Air Pollution
Emergencies (Effective 5/20/1974)
N.J.A.C. 7:27-12.1. Definitions
N.J.A.C. 7:27-12.2. Emergency criteria
N.J.A.C. 7:27-12.3. Criteria for emergency termination
N.J.A.C. 7:27-12.4. Standby plans
N.J.A.C. 7:27-12.5. Standby orders
Table I Emission Reduction Objectives
Table II Emission Reduction Objectives
Table III Emission Reduction Objectives
Chapter 27 Subchapter 16--Control and Prohibition of Air Pollution by
Volatile Organic Compounds (Effective 1/16/2018)
N.J.A.C. 7:27-16.1. Definitions
N.J.A.C. 7:27-16.1A. Purpose, scope, applicability, and severability
N.J.A.C. 7:27-16.2. VOC stationary storage tanks
N.J.A.C. 7:27-16.3. Gasoline transfer operations
N.J.A.C. 7:27-16.4. VOC transfer operations, other than gasoline
N.J.A.C. 7:27-16.5. Marine tank vessel loading and ballasting
operations
N.J.A.C. 7:27-16.6. Open top tanks and solvent cleaning operations
N.J.A.C. 7:27-16.7. Surface coating and graphic arts operations
N.J.A.C. 7:27-16.8. Boilers
N.J.A.C. 7:27-16.9. Stationary combustion turbines
N.J.A.C. 7:27-16.10. Stationary reciprocating engines
N.J.A.C. 7:27-16.12. Surface coating operations at mobile equipment
repair and refinishing facilities
N.J.A.C. 7:27-16.13. Flares
N.J.A.C. 7:27-16.16. Other source operations
N.J.A.C. 7:27-16.17. Alternative and facility-specific VOC control
requirements
N.J.A.C. 7:27-16.18. Leak detection and repair
N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts
N.J.A.C. 7:27-16.21. Natural gas pipelines
N.J.A.C. 7:27-16.22. Emission information, record keeping and
testing
N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance
N.J.A.C. 7:27-16.27. Exceptions
Appendix I
Appendix II
Chapter 27 Subchapter 18--Control and Prohibition of Air Pollution From
New or Altered Sources Affecting Ambient Air Quality (Emission Offset
Rules) (Effective 11/6/2017)
N.J.A.C. 7:27-18.1. Definitions
N.J.A.C. 7:27-18.2. Facilities subject to this subchapter
N.J.A.C. 7:27-18.3. Standards for issuance of permits
N.J.A.C. 7:27-18.4. Air quality impact analysis
N.J.A.C. 7:27-18.5. Standards for use of emission reductions as
emission offsets
N.J.A.C. 7:27-18.6. Emission offset postponement
N.J.A.C. 7:27-18.7. Determination of a net emission increase or a
significant net emission increase
N.J.A.C. 7:27-18.8. Banking of emission reductions
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
[[Page 66509]]
N.J.A.C. 7:27-20.8. Ash standard
N.J.A.C. 7:27-20.9. Exception
Chapter 27 Subchapter 21--Emission Statements (Effective 1/16/2018)
N.J.A.C. 7:27-21.1. Definitions
N.J.A.C. 7:27-21.2. Applicability
N.J.A.C. 7:27-21.3. General provisions
N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement
N.J.A.C. 7:27-21.5. Required contents of an emission statement
N.J.A.C. 7:27-21.6. Methods to be used for quantifying actual
emissions
N.J.A.C. 7:27-21.7. Recordkeeping requirements
N.J.A.C. 7:27-21.8. Certification of information
N.J.A.C. 7:27-21.9. Request for extensions
N.J.A.C. 7:27-21.10. Determination of non-applicability
N.J.A.C. 7:27-21.11. Severability
Appendix 1
Chapter 27 Subchapter 22--Operating Permits (Effective 11/2/2020)
N.J.A.C. 7:27-22.1. Definitions
N.J.A.C. 7:27-22.2. Applicability
N.J.A.C. 7:27-22.3. General provisions
N.J.A.C. 7:27-22.4. General application procedures
N.J.A.C. 7:27-22.5. Application procedures for initial operating
permits
N.J.A.C. 7:27-22.6. Operating permit application contents
N.J.A.C. 7:27-22.7. Application shield
N.J.A.C. 7:27-22.8. Air quality simulation modeling and risk
assessment
N.J.A.C. 7:27-22.9. Compliance plans
N.J.A.C. 7:27-22.10. Completeness reviews
N.J.A.C. 7:27-22.11. Public comment
N.J.A.C. 7:27-22.12. EPA comment
N.J.A.C. 7:27-22.13. Final action on an application
N.J.A.C. 7:27-22.14. General operating permits
N.J.A.C. 7:27-22.15. Temporary facility operating permits
N.J.A.C. 7:27-22.16. Operating permit contents
N.J.A.C. 7:27-22.17. Permit shield
N.J.A.C. 7:27-22.18. Source emissions testing and monitoring
N.J.A.C. 7:27-22.19. Recordkeeping, reporting and compliance
certification
N.J.A.C. 7:27-22.20. Administrative amendments
N.J.A.C. 7:27-22.21. Changes to insignificant source operations
N.J.A.C. 7:27-22.22. Seven-day-notice changes
N.J.A.C. 7:27-22.23. Minor modifications
N.J.A.C. 7:27-22.24. Significant modifications
N.J.A.C. 7:27-22.24A. Reconstruction
N.J.A.C. 7:27-22.25. Department initiated operating permit
modifications
N.J.A.C. 7:27-22.26. MACT and GACT standards
N.J.A.C. 7:27-22.27. Operating scenarios
N.J.A.C. 7:27-22.28A. Emissions trading
N.J.A.C. 7:27-22.28B. Facility-specific emissions averaging programs
N.J.A.C. 7:27-22.29. Facilities subject to acid deposition control
N.J.A.C. 7:27-22.30. Renewals
N.J.A.C. 7:27-22.31. Fees
N.J.A.C. 7:27-22.32. Hearings and appeals
N.J.A.C. 7:27-22.33. Preconstruction review
N.J.A.C. 7:27-22.34. Early reduction of HAP emissions
N.J.A.C. 7:27-22.35. Advances in the art of air pollution
Appendix
Table A
Chapter 27B Subchapter 1--Sampling and Analytical Procedures for
Determining Emissions of Particles From Manufacturing Processes and
From Combustion of Fuels (Effective 6/21/1976)
N.J.A.C. 7:27B-1.1. Definitions
N.J.A.C. 7:27B-1.2. Acceptable test methods
N.J.A.C. 7:27B-1.3. Operating conditions during the test
N.J.A.C. 7:27B-1.4. Sampling facilities to be provided by the person
responsible for emissions
N.J.A.C. 7:27B-1.5. Sampling train
N.J.A.C. 7:27B-1.6. Performance test principle
N.J.A.C. 7:27B-1.7. General testing requirements
N.J.A.C. 7:27B-1.8. Required test data
N.J.A.C. 7:27B-1.9. Preparation for sampling
N.J.A.C. 7:27B-1.10. Sampling
N.J.A.C. 7:27B-1.11. Sample recovery
N.J.A.C. 7:27B-1.12. Analysis
N.J.A.C. 7:27B-1.13. Calculations
N.J.A.C. 7:27B-1.14. Validation of test
Chapter 27B Subchapter 2--Procedures for Visual Determination of the
Opacity (Percent) and Shade or Appearance (Ringelmann Number) of
Emissions From Sources (Effective 6/21/1976)
N.J.A.C. 7:27B-2.1. Definitions
N.J.A.C. 7:27B-2.2. Acceptable observation methods
N.J.A.C. 7:27B-2.3. Observation principle
N.J.A.C. 7:27B-2.4. General observation requirements
N.J.A.C. 7:27B-2.5. Required observation data
N.J.A.C. 7:27B-2.6. Certification
References
Appendix
Chapter 27B Subchapter 3--Air Test Method 3: Sampling and Analytical
Procedures for the Determination of Volatile Organic Compounds From
Source Operations (Effective 12/1/2008)
N.J.A.C. 7:27B-3.1. Definitions
N.J.A.C. 7:27B-3.2. Sampling and analytical protocol: acceptable
test methods
N.J.A.C. 7:27B-3.3. Operating conditions during the test
N.J.A.C. 7:27B-3.4. Sampling facilities
N.J.A.C. 7:27B-3.5. Source operations and applicable test methods
N.J.A.C. 7:27B-3.6. Procedures for the determinations of vapor
pressures of a single known VOC or mixtures of known and/or unknown
VOC
N.J.A.C. 7:27B-3.7. Procedures for the direct measurement of
volatile organic compounds using a flame ionization detector (FID),
a photoionization detector (PID) or a non-dispersive infrared
analyzer (NDIR)
N.J.A.C. 7:27B-3.8. Procedures for the direct measurement of
volatile organic compounds using a gas chromatograph (GC) with a
flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.9. Procedures for the sampling and remote analysis
of known volatile organic compounds using a gas chromatograph (GC)
with a flame ionization detector (FID) or other suitable detector
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.
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[FR Doc. 2021-25301 Filed 11-22-21; 8:45 am]
BILLING CODE 6560-50-P