Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules 50939 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

either review by the Office of 

Management and Budget or to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). 

This action merely proposes to 

approve a portion of a State-adopted 

attainment plan for the San Joaquin 

Valley Air Basin and withdraw a 

previous proposal and does not impose 

any additional requirements. 

Accordingly, the Administrator certifies 

that this proposed action will not have 

a significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this 

proposed action does not impose any 

additional enforceable duties, it does 

not contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This proposed action does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the plan is 

not approved to apply in Indian country 

located in the State. It will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

This proposed action also does not 

have Federalism implications because it 

does not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999). This 

proposed action merely proposes to 

approve a portion of a State-adopted 

plan and does not alter the relationship 

or the distribution of power and 

responsibilities established in the CAA. 

Executive Order 12898 establishes a 

Federal policy for incorporating 

environmental justice into Federal 

agency actions by directing agencies to 

identify and address, as appropriate, 

disproportionately high and adverse 

human health or environmental effects 

of their programs, policies, and 

activities on minority and low-income 

populations. Today’s action involves a 

proposed approval of a State-adopted 

plan. It will not have disproportionately 

high and adverse effects on any 

communities in the area, including 

minority and low-income communities. 

This proposed action also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. The requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) do not apply. This 

proposed action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 23, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–23796 Filed 10–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R02–OAR–2009–0680; FRL–8965–1] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

New Jersey 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to update a 

portion of the Outer Continental Shelf 

(OCS) Air Regulations Requirements 

applying to OCS sources located within 

25 miles of states’ seaward boundaries 

which must be promulgated into the 

regulations and updated periodically to 

remain consistent with the requirements 

of the corresponding onshore area 

(COA), as mandated by section 328(a)(1) 

of the Clean Air Act (CAA). The portion 

of the OCS air regulations that is being 

updated pertains to the requirements for 

OCS sources in the State of New Jersey. 

The intended effect of approving the 

OCS requirements for the State of New 

Jersey is to regulate emissions from OCS 

sources in accordance with the 

requirements onshore. The requirements 

discussed below are proposed to be 

incorporated by reference into the Code 

of Federal Regulations and are listed in 

the appendix to the OCS air regulations. 

DATES: Comments must be received on 

or before November 2, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2009–0680, by one of the 

following methods: 

A. Federal eRulemaking Portal: 

http://www.regulations.gov: Follow the 

on-line instructions for submitting 

comments; 

B. E-Mail: riva.steven@epa.gov; 

C. Mail: Steven Riva, U.S. 

Environmental Protection Agency, 

Region 2, Air Programs Branch, 290 

Broadway, New York, NY 10007; 

D. Hand Delivery: U.S. Environmental 

Protection Agency, Region 2, Attn: 

Steven Riva, 290 Broadway, New York, 

NY 10007, 25th Floor. Such deliveries 

are only accepted during normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2009– 

0680. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 


pwalker on DSK8KYBLC1PROD with PROPOSALS
50940 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules 

1The reader may refer to the Notice of Proposed 

Rulemaking, December 5, 1991 (56 FR 63774), and 

the preamble to the final rule promulgated 

September 4, 1992 (57 FR 40792) for further 

background and information on the OCS 

regulations. 

2Each 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). 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the 

U.S. Environmental Protection Agency, 

Region 2, 290 Broadway, New York, 

New York 10007. 

FOR FURTHER INFORMATION CONTACT: 

Steven Riva, Air Programs Branch, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, New York, 

New York 10007; telephone number: 

(212) 637–4074; e-mail address: 

riva.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

Why Is EPA Taking This Action? 

II. EPA’s Evaluation 

What Criteria Were Used To Evaluate Rules 

Submitted To Be Incorporated Into 40 

CFR part 55? 

III. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

I. Background Information 

Why Is EPA Taking This Action? 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain Federal and State 

ambient air quality standards (AAQS) 

and to comply with the provisions of 

part C of title I of the CAA. Part 55 

applies to all OCS sources offshore of 

the states except those located in the 

Gulf of Mexico west of 87.5 degrees 

longitude. 

Section 328(a) of the CAA requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of states’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable rules in effect for 

onshore sources into part 55. This limits 

EPA’s flexibility in deciding which 

requirements will be incorporated into 

part 55 and prevents EPA from making 

substantive changes to the requirements 

it incorporates. As a result, EPA may be 

incorporating rules into part 55 that do 

not conform to all of EPA’s State 

implementation plan (SIP) guidance or 

certain requirements of the CAA. 

Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the CAA for SIP approval, nor does 

it imply that the rule will be approved 

by EPA for inclusion in the SIP. 

II. EPA’s Evaluation 

What Criteria Were Used To Evaluate 

Rules Submitted To Be Incorporated 

Into 40 CFR part 55? 

EPA reviewed the rules that New 

Jersey submitted for inclusion in part 55 

to ensure that they are rationally related 

to the attainment or maintenance of 

Federal or State AAQS or part C of title 

I of the CAA and that they are not 

designed expressly to prevent 

exploration and development of the 

OCS and that they are applicable to OCS 

sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure they are 

not arbitrary or capricious. 40 CFR 55.12 

(e). In addition, EPA has excluded New 

Jersey’s administrative or procedural 

rules,2 and requirements that regulate 

toxics that are not related to the 

attainment and maintenance of Federal 

and State AAQS. 

III. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) has exempted this regulatory 

action from Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review.’’ 

B. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.) 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the CAA, without the 

exercise of any policy discretion by 

EPA. These OCS rules already apply in 

the COA, and EPA has no evidence to 

suggest that these OCS rules have had 

a significant economic impact on a 

substantial number of small entities. As 

required by section 328 of the CAA, this 

action simply incorporates the existing 

rules in the COA. Therefore, EPA 

certifies that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Under section 202 of the Unfunded 

Mandates Reform Act of 1995 

(Unfunded Mandates Act), signed into 

law on March 22, 1995, EPA must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

may result in estimated costs to State, 

local, and tribal governments in the 

aggregate; or to the private sector, of 

$100 million or more in any one year. 

Under section 205, EPA must select the 

most cost-effective and least 

burdensome alternative that achieves 

the objectives of the rule and is 

consistent with statutory requirements. 

Section 203 requires EPA to establish a 

plan for informing and advising any 

small governments that may be 

significantly or uniquely impacted by 

the rule. 

EPA has determined that today’s 

proposed rule contains no Federal 

mandates that may result in 

expenditures of $100 million or more 

for State, local, or tribal governments, in 

the aggregate, or to the private sector in 

any one year. This action approves preexisting requirements under State or 

local law, and imposes no new 

requirements. Accordingly, no 

additional costs to State, local or tribal 

governments, or to the private sector, 

result from this action. 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules 50941 

E. Executive Order 13132: Federalism 

Federalism (64 FR 43255, August 10, 

1999) revokes and replaces Executive 

Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental 

Partnership). Executive Order 13132 

requires EPA to develop an accountable 

process to ensure meaningful and timely 

input by State and local officials in the 

development of regulatory policies that 

have federalism implications. ‘Policies 

that have federalism implications’ is 

defined in the Executive Order to 

include regulations that have substantial 

direct effects on the states, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Under Executive 

Order 13132, EPA may not issue a 

regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

merely approves a State rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this rule. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications. This final rule does not 

have tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885 (April 23, 1997)), 

applies to any rule that: (1) Is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This proposed rule is not subject to 

Executive Order 13045 because it does 

not involve decisions intended to 

mitigate environmental health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, entitled 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use voluntary 

consensus standards (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

laws or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this section. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: September 18, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

Title 40, chapter I of the Code of 

Federal Regulations, is proposed to be 

amended as follows: 

PART 55—[AMENDED] 

1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the CAA (42 

U.S.C. 7401, et seq.) as amended by Public 

Law 101–549. 

2. Section 55.14 is amended by 

revising the sixth sentence in paragraph 

(e) introductory text and paragraph 

(e)(15)(i)(A) to read as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * Copies of rules pertaining to 

particular states or local areas may be 

inspected or obtained from the EPA 

Docket Center—Public Reading Room, 

EPA West Building, Room 3334 1301 

Constitution Avenue, NW., Washington, 

DC 20004 or the appropriate EPA 

regional offices: U.S. EPA, Region 1 

(Massachusetts) One Congress Street, 

Boston, MA 02114–2023; U.S. EPA, 

Region 2 (New Jersey and New York), 

290 Broadway, New York, NY 10007– 

1866; U.S. EPA, Region III (Delaware), 

1650 Arch Street, Philadelphia, PA 

19103, (215) 814–5000; U.S. EPA, 

Region 4 (Florida and North Carolina), 

61 Forsyth Street, Atlanta, GA 30303; 

U.S. EPA, Region 9 (California), 75 

Hawthorne Street, San Francisco, CA 

94105; and U.S. EPA, Region 10 

(Alaska), 1200 Sixth Avenue, Seattle, 

WA 98101. * * * 

* * * * * 

(15) * * * 

(i) * * * 

(A) State of New Jersey Requirements 

Applicable to OCS Sources, August 13, 

2009. 

* * * * * 

3. Appendix A to Part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘New Jersey’’ to read as 

follows: 


pwalker on DSK8KYBLC1PROD with PROPOSALS
50942 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

NEW JERSEY 

(a) * * * 

(1) The following State of New Jersey 

requirements are applicable to OCS Sources, 

as of August 13, 2009. New Jersey State 

Department of Environmental Protection— 

New Jersey Administrative Code. The 

following sections of Title 7: 

CHAPTER 27 SUBCHAPTER 2—CONTROL 

AND PROHIBITION OF OPEN BURNING 

(EFFECTIVE 6/20/94) 

N.J.A.C. 7:27–2.1. Definitions 

N.J.A.C. 7:27–2.2. Open burning for salvage 

operations 

N.J.A.C. 7:27–2.3. Open burning of refuse 

N.J.A.C. 7:27–2.4. General provisions 

N.J.A.C. 7:27–2.6. Prescribed burning 

N.J.A.C. 7:27–2.7. Emergencies 

N.J.A.C. 7:27–2.8. Dangerous material 

N.J.A.C. 7:27–2.12. Special permit 

N.J.A.C. 7:27–2.13. Fees 

CHAPTER 27 SUBCHAPTER 3—CONTROL 

AND PROHIBITION OF SMOKE FROM 

COMBUSTION OF FUEL (EFFECTIVE 2/4/02) 

N.J.A.C. 7:27–3.1. Definitions 

N.J.A.C. 7:27–3.2. Smoke emissions 

from stationary indirect heat 

exchangers 

N.J.A.C. 7:27–3.3. Smoke emissions 

from marine installations 

N.J.A.C. 7:27–3.4. Smoke emissions 

from the combustion of fuel in 

mobile sources 

N.J.A.C. 7:27–3.5. Smoke emissions 

from stationary internal combustion 

engines and stationary turbine 

engines 

N.J.A.C. 7:27–3.6. Stack test 

N.J.A.C. 7:27–3.7. Exceptions 

CHAPTER 27 SUBCHAPTER 4—CONTROL 

AND PROHIBITION OF PARTICLES FROM 

COMBUSTION OF FUEL 

(EFFECTIVE 4/20/09) 

N.J.A.C. 7:27–4.1. Definitions 

N.J.A.C. 7:27–4.2. Standards for the 

emission of particles 

N.J.A.C. 7:27–4.3. Performance test 

principle 

N.J.A.C. 7:27–4.4. Emissions tests 

N.J.A.C. 7:27–4.6. Exceptions 

CHAPTER 27 SUBCHAPTER 5— 

PROHIBITION OF AIR POLLUTION 

(EFFECTIVE 10/12/77) 

N.J.A.C. 7:27–5.1. Definitions 

N.J.A.C. 7:27–5.2. General provisions 

CHAPTER 27 SUBCHAPTER 6—CONTROL 

AND PROHIBITION OF PARTICLES FROM 

MANUFACTURING PROCESSES 

(EFFECTIVE 6/12/98) 

N.J.A.C. 7:27–6.1. Definitions 

N.J.A.C. 7:27–6.2. Standards for the 

emission of particles 

N.J.A.C. 7:27–6.3. Performance test 

principles 

N.J.A.C. 7:27–6.4. Emissions tests 

N.J.A.C. 7:27–6.5. Variances 

N.J.A.C. 7:27–6.7. Exceptions 

CHAPTER 27 SUBCHAPTER 7—SULFUR 

(EFFECTIVE 3/1/67) 

N.J.A.C. 7:27–7.1. Definitions 

N.J.A.C. 7:27–7.2. Control and 

prohibition of air pollution from 

sulfur compounds 

CHAPTER 27 SUBCHAPTER 8—PERMITS 

AND CERTIFICATES FOR MINOR 

FACILITIES (AND MAJOR FACILITIES 

WITHOUT AN OPERATING PERMIT) 

(EFFECTIVE 4/20/09) 

N.J.A.C. 7:27–8.1. Definitions 

N.J.A.C. 7:27–8.2. Applicability 

N.J.A.C. 7:27–8.3. General provisions 

N.J.A.C. 7:27–8.4. How to apply, register, 

submit a notice, or renew 

N.J.A.C. 7:27–8.5. Air quality impact analysis 

N.J.A.C. 7:27–8.6. Service fees 

N.J.A.C. 7:27–8.7. Operating certificates 

N.J.A.C. 7:27–8.8. General permits 

N.J.A.C. 7:27–8.9. Environmental 

improvement pilot tests 

N.J.A.C. 7:27–8.11. Standards for issuing a 

permit 

N.J.A.C. 7:27–8.12. State of the art 

N.J.A.C. 7:27–8.13. Conditions of approval 

N.J.A.C. 7:27–8.14. Denials 

N.J.A.C. 7:27–8.15. Reporting requirements 

N.J.A.C. 7:27–8.16. Revocation 

N.J.A.C. 7:27–8.17. Changes to existing 

permits and certificates 

N.J.A.C. 7:27–8.18. Permit revisions 

N.J.A.C. 7:27–8.19. Compliance plan changes 

N.J.A.C. 7:27–8.20. Seven-day notice changes 

N.J.A.C. 7:27–8.21. Amendments 

N.J.A.C. 7:27–8.22. Changes to sources 

permitted under batch plant, pilot plant, 

dual plant, or laboratory operating 

permitting procedures 

N.J.A.C. 7:27–8.23. Reconstruction 

N.J.A.C. 7:27–8.24. Special provisions for 

construction but not operation 

N.J.A.C. 7:27–8.25. Special provisions for 

pollution control equipment or pollution 

prevention process modifications 

N.J.A.C. 7:27–8.26. Civil or criminal penalties 

for failure to comply 

N.J.A.C. 7:27–8.27. Special facility-wide 

permit provisions 

N.J.A.C. 7:27–8.28. Delay of testing 

APPENDIX I 

CHAPTER 27 SUBCHAPTER 9—SULFUR IN 

FUELS (EFFECTIVE 4/19/00) 

N.J.A.C. 7:27–9.1. Definitions 

N.J.A.C. 7:27–9.2. Sulfur content standards 

N.J.A.C. 7:27–9.3. Exemptions 

N.J.A.C. 7:27–9.4. Waiver of air quality 

modeling 

N.J.A.C. 7:27–9.5. Incentive for conversion to 

coal or other solid fuel 

CHAPTER 27 SUBCHAPTER 10—SULFUR 

IN SOLID FUELS (EFFECTIVE 04/20/09) 

N.J.A.C. 7:27–10.1. Definitions 

N.J.A.C. 7:27–10.2. Sulfur contents standards 

N.J.A.C. 7:27–10.3. Expansion, reconstruction 

or construction of solid fuel burning 

units 

N.J.A.C. 7:27–10.4. Exemptions 

N.J.A.C. 7:27–10.5. SO2 emission rate 

determinations 

CHAPTER 27 SUBCHAPTER 11— 

INCINERATORS (EFFECTIVE 5/4/98) 

N.J.A.C. 7:27–11.1. Definitions 

N.J.A.C. 7:27–11.2. Construction standards 

N.J.A.C. 7:27–11.3. Emission standards 

N.J.A.C. 7:27–11.4. Permit to construct; 

certificate to operate 

N.J.A.C. 7:27–11.5. Operation 

N.J.A.C. 7:27–11.6. Exceptions 

CHAPTER 27 SUBCHAPTER 12— 

PREVENTION AND CONTROL OF AIR 

POLLUTION EMERGENCIES 

(EFFECTIVE 3/19/74) 

N.J.A.C. 7:27–12.1. Definitions 

N.J.A.C. 7:27–12.2. Emergency criteria 

N.J.A.C. 7:27–12.3. Criteria for emergency 

termination 

N.J.A.C. 7:27–12.4. Standby plans 

N.J.A.C. 7:27–12.5. Standby orders 

Table I Emission Reduction Objectives 

Table II Emission Reduction Objectives 

Table III Emission Reduction Objectives 

CHAPTER 27 SUBCHAPTER 16—CONTROL 

AND PROHIBITION OF AIR POLLUTION BY 

VOLATILE ORGANIC COMPOUNDS 

(EFFECTIVE 04/20/09) 

N.J.A.C. 7:27–16.1. Definitions 

N.J.A.C. 7:27–16.1A. Purpose, scope, 

applicability, and severability 

N.J.A.C. 7:27–16.2. VOC stationary storage 

tanks 

N.J.A.C. 7:27–16.3. Gasoline transfer 

operations 

N.J.A.C. 7:27–16.4. VOC transfer operations, 

other than gasoline 

N.J.A.C. 7:27–16.5. Marine tank vessel 

loading and ballasting operations 

N.J.A.C. 7:27–16.6. Open top tanks and 

solvent cleaning operations 

N.J.A.C. 7:27–16.7. Surface coating and 

graphic arts operations 

N.J.A.C. 7:27–16.8. Boilers 

N.J.A.C. 7:27–16.9. Stationary combustion 

turbines 

N.J.A.C. 7:27–16.10. Stationary reciprocating 

engines 

N.J.A.C. 7:27–16.12. Surface coating 

operations at mobile equipment repair 

and refinishing facilities 

N.J.A.C. 7:27–16.13. Flares 

N.J.A.C. 7:27–16.16. Other source operations 

N.J.A.C. 7:27–16.17. Alternative and facilityspecific VOC control requirements 

N.J.A.C. 7:27–16.18. Leak detection and 

repair 

N.J.A.C. 7:27–16.19. Application of cutback 

and emulsified asphalts 

N.J.A.C. 7:27–16.21. Natural gas pipelines 

N.J.A.C. 7:27–16.22. Emission information, 

record keeping and testing 

N.J.A.C. 7:27–16.23. Procedures for 

demonstrating compliance 

N.J.A.C. 7:27–16.26. Variances 

N.J.A.C. 7:27–16.27. Exceptions 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules 50943 

APPENDIX I 

APPENDIX II 

CHAPTER 27 SUBCHAPTER 18—CONTROL 

AND PROHIBITION OF AIR POLLUTION 

FROM NEW OR ALTERED SOURCES 

AFFECTING AMBIENT AIR QUALITY 

(EMISSION OFFSET RULES) (EFFECTIVE 

12/1/08) 

N.J.A.C. 7:27–18.1. Definitions 

N.J.A.C. 7:27–18.2. Facilities subject to this 

subchapter 

N.J.A.C. 7:27–18.3. Standards for issuance of 

permits 

N.J.A.C. 7:27–18.4. Air quality impact 

analysis 

N.J.A.C. 7:27–18.5. Standards for use of 

emission reductions as emission offsets 

N.J.A.C. 7:27–18.6. Emission offset 

postponement 

N.J.A.C. 7:27–18.7. Determination of a net 

emission increase or a significant net 

emission increase 

N.J.A.C. 7:27–18.8. Banking of emission 

reductions 

N.J.A.C. 7:27–18.9. Secondary emissions 

N.J.A.C. 7:27–18.10. Exemptions 

N.J.A.C. 7:27–18.12. Civil or criminal 

penalties for failure to comply 

CHAPTER 27 SUBCHAPTER 19—CONTROL 

AND PROHIBITION OF AIR POLLUTION 

FROM OXIDES OF NITROGEN (EFFECTIVE 

04/20/09) 

N.J.A.C. 7:27–19.1. Definitions 

N.J.A.C. 7:27–19.2. Purpose, scope and 

applicability 

N.J.A.C. 7:27–19.3. General provisions 

N.J.A.C. 7:27–19.4. Boilers serving electric 

generating units 

N.J.A.C. 7:27–19.5. Stationary combustion 

turbines 

N.J.A.C. 7:27–19.6. Emissions averaging 

N.J.A.C. 7:27–19.7. Industrial/commercial/ 

institutional boilers and other indirect 

heat exchangers 

N.J.A.C. 7:27–19.8. Stationary reciprocating 

engines 

N.J.A.C. 7:27–19.11. Emergency generators— 

recordkeeping 

N.J.A.C. 7:27–19.13. Alternative and facilityspecific NOX emission limits 

N.J.A.C. 7:27–19.14. Procedures for obtaining 

approvals under this subchapter 

N.J.A.C. 7:27–19.15. Procedures and 

deadlines for demonstrating compliance 

N.J.A.C. 7:27–19.16. Adjusting combustion 

processes 

N.J.A.C. 7:27–19.17. Source emissions testing 

N.J.A.C. 7:27–19.18. Continuous emissions 

monitoring 

N.J.A.C. 7:27–19.19. Recordkeeping and 

recording 

N.J.A.C. 7:27–19.20. Fuel switching 

N.J.A.C. 7:27–19.21. Phased compliance— 

repowering 

N.J.A.C. 7:27–19.23. Phased compliance—use 

of innovative control technology 

N.J.A.C. 7:27–19.24. MEG alerts 

N.J.A.C. 7:27–19.25. Exemption for 

emergency use of fuel oil 

N.J.A.C. 7:27–19.26. Penalties 

CHAPTER 27 SUBCHAPTER 20—USED OIL 

COMBUSTION (EFFECTIVE 6/19/06) 

N.J.A.C. 7:27–20.1. Definitions 

N.J.A.C. 7:27–20.2. General provisions 

N.J.A.C. 7:27–20.3. Burning of onspecification used oil in space heaters 

covered by a registration 

N.J.A.C. 7:27–20.4. Burning of onspecification used oil in space heaters 

covered by a permit 

N.J.A.C. 7:27–20.5. Demonstration that used 

oil is on-specification 

N.J.A.C. 7:27–20.6. Burning of onspecification oil in other combustion 

units 

N.J.A.C. 7:27–20.7. Burning of offspecification used oil 

N.J.A.C. 7:27–20.8. Ash standard 

N.J.A.C. 7:27–20.9. Exception 

CHAPTER 27 SUBCHAPTER 21—EMISSION 

STATEMENTS (EFFECTIVE 4/20/09) 

N.J.A.C. 7:27–21.1. Definitions 

N.J.A.C. 7:27–21.2. Applicability 

N.J.A.C. 7:27–21.3. General provisions 

N.J.A.C. 7:27–21.4. Procedures for submitting 

an emission statement 

N.J.A.C. 7:27–21.5. Required contents of an 

emission statement 

N.J.A.C. 7:27–21.6. Recordkeeping 

requirements 

N.J.A.C. 7:27–21.7. Certification of 

information 

N.J.A.C. 7:27–21.8. Request for extensions 

N.J.A.C. 7:27–21.9. Notification of nonapplicability 

N.J.A.C. 7:27–21.10. Severability 

CHAPTER 27 SUBCHAPTER 22— 

OPERATING PERMITS (EFFECTIVE 12/1/08) 

N.J.A.C. 7:27–22.1. Definitions 

N.J.A.C. 7:27–22.2. Applicability 

N.J.A.C. 7:27–22.3. General provisions 

N.J.A.C. 7:27–22.4. General application 

procedures 

N.J.A.C. 7:27–22.5. Application procedures 

for initial operating permits 

N.J.A.C. 7:27–22.6. Operating permit 

application contents 

N.J.A.C. 7:27–22.7. Application shield 

N.J.A.C. 7:27–22.8. Air quality simulation 

modeling and risk assessment 

N.J.A.C. 7:27–22.9. Compliance plans 

N.J.A.C. 7:27–22.10. Completeness reviews 

N.J.A.C. 7:27–22.11. Public comment 

N.J.A.C. 7:27–22.12. EPA comment 

N.J.A.C. 7:27–22.13. Final action on an 

application 

N.J.A.C. 7:27–22.14. General operating 

permits 

N.J.A.C. 7:27–22.15. Temporary facility 

operating permits 

N.J.A.C. 7:27–22.16. Operating permit 

contents 

N.J.A.C. 7:27–22.17. Permit shield 

N.J.A.C. 7:27–22.18. Source emissions testing 

and monitoring 

N.J.A.C. 7:27–22.19. Recordkeeping, 

reporting and compliance certification 

N.J.A.C. 7:27–22.20. Administrative 

amendments 

N.J.A.C. 7:27–22.21. Changes to insignificant 

source operations 

N.J.A.C. 7:27–22.22. Seven-day-notice 

changes 

N.J.A.C. 7:27–22.23. Minor modifications 

N.J.A.C. 7:27–22.24. Significant 

modifications 

N.J.A.C. 7:27–22.24A. Reconstruction 

N.J.A.C. 7:27–22.25. Department initiated 

operating permit modifications 

N.J.A.C. 7:27–22.26. MACT and GACT 

standards 

N.J.A.C. 7:27–22.27. Operating scenarios 

N.J.A.C. 7:27–22.28A. Emissions trading 

N.J.A.C. 7:27–22.28B. Facility-specific 

emissions averaging programs 

N.J.A.C. 7:27–22.29. Facilities subject to acid 

deposition control 

N.J.A.C. 7:27–22.30. Renewals 

N.J.A.C. 7:27–22.31. Fees 

N.J.A.C. 7:27–22.32. Hearings and appeals 

N.J.A.C. 7:27–22.33. Preconstruction review 

N.J.A.C. 7:27–22.34. Early reduction of HAP 

emissions 

N.J.A.C. 7:27–22.35. Advances in the art of 

air pollution 

APPENDIX 

TABLE A 

TABLE B 

CHAPTER 27 SUBCHAPTER 30—CLEAN 

AIR INTERSTATE RULE (CAIR) NOX

TRADING PROGRAM (EFFECTIVE 8/17/07) 

N.J.A.C. 7:27–30.1. Purpose and scope 

N.J.A.C. 7:27–30.2. Definitions 

N.J.A.C. 7:27–30.3. Allocation of CAIR NOX

annual allowances & CAIR NOX ozone 

season allowances 

N.J.A.C. 7:27–30.4. The compliance 

supplement pool 

N.J.A.C. 7:27–30.5. Claims for incentive 

allowances 

N.J.A.C. 7:27–30.6. Reporting requirements 

CHAPTER 27 SUBCHAPTER 31—NOX

BUDGET PROGRAM (EFFECTIVE 4/5/04) 

N.J.A.C. 7:27–31.1. Purpose and scope 

N.J.A.C. 7:27–31.2. Definitions 

N.J.A.C. 7:27–31.3. Applicability and general 

provisions 

N.J.A.C. 7:27–31.4. Opt-in provisions 

N.J.A.C. 7:27–31.5. Interface with the 

emission offset program 

N.J.A.C. 7:27–31.6. Interface with the open 

market emissions trading program 

N.J.A.C. 7:27–31.7. Annual allowance 

allocation 

N.J.A.C. 7:27–31.8. Claims for incentive 

reserve allowances 

N.J.A.C. 7:27–31.9. Permits 

N.J.A.C. 7:27–31.10. Allowance use, transfer 

and retirement 

N.J.A.C. 7:27–31.11. Allowance banking 

N.J.A.C. 7:27–31.12. Early reductions 

N.J.A.C. 7:27–31.13. NOX allowance tracking 

system (NATS) 

N.J.A.C. 7:27–31.14. Emission monitoring 

N.J.A.C. 7:27–31.15. Recordkeeping 

N.J.A.C. 7:27–31.16. Reporting 

N.J.A.C. 7:27–31.17. End-of-season 

reconciliation 

N.J.A.C. 7:27–31.18. Compliance certification 

N.J.A.C. 7:27–31.19. Excess emissions 

deduction 

N.J.A.C. 7:27–31.20. Program audit 

N.J.A.C. 7:27–31.21. Guidance documents 

and sources incorporated by reference 


pwalker on DSK8KYBLC1PROD with PROPOSALS
50944 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Proposed Rules 

CHAPTER 27B SUBCHAPTER 1— 

SAMPLING AND ANALYTICAL 

PROCEDURES FOR DETERMINING 

EMISSIONS OF PARTICLES FROM 

MANUFACTURING PROCESSES AND 

FROM COMBUSTION OF FUELS 

(EFFECTIVE 6/1/76) 

N.J.A.C. 7:27B–1.1. Definitions 

N.J.A.C. 7:27B–1.2. Acceptable test methods 

N.J.A.C. 7:27B–1.3. Operating conditions 

during the test 

N.J.A.C. 7:27B–1.4. Sampling facilities to be 

provided by the person responsible for 

emissions 

N.J.A.C. 7:27B–1.5. Sampling train 

N.J.A.C. 7:27B–1.6. Performance test 

principle 

N.J.A.C. 7:27B–1.7. General testing 

requirements 

N.J.A.C. 7:27B–1.8. Required test data 

N.J.A.C. 7:27B–1.9. Preparation for sampling 

N.J.A.C. 7:27B–1.10. Sampling 

N.J.A.C. 7:27B–1.11. Sample recovery 

N.J.A.C. 7:27B–1.12. Analysis 

N.J.A.C. 7:27B–1.13. Calculations 

N.J.A.C. 7:27B–1.14. Validation of test 

CHAPTER 27B SUBCHAPTER 2— 

PROCEDURES FOR VISUAL 

DETERMINATION OF THE OPACITY 

(PERCENT) AND SHADE OR APPEARANCE 

(RINGELMANN NUMBER) OF EMISSIONS 

FROM SOURCES (EFFECTIVE 6/21/76) 

N.J.A.C. 7:27B–2.1. Definitions 

N.J.A.C. 7:27B–2.2. Acceptable observation 

methods 

N.J.A.C. 7:27B–2.3. General observation 

requirements 

N.J.A.C. 7:27B–2.4. Required observation 

data 

N.J.A.C. 7:27B–2.5. Certification 

REFERENCE 

APPENDIX 1 

CHAPTER 27B SUBCHAPTER 3—AIR TEST 

METHOD 3: SAMPLING AND ANALYTICAL 

PROCEDURES FOR THE DETERMINATION 

OF VOLATILE ORGANIC COMPOUNDS 

FROM SOURCE OPERATIONS (EFFECTIVE 

12/1/08) 

N.J.A.C. 7:27B–3.1. Definitions 

N.J.A.C. 7:27B–3.2. Sampling and analytical 

protocol: acceptable test methods 

N.J.A.C. 7:27B–3.3. Operating conditions 

during the test 

N.J.A.C. 7:27B–3.4. Sampling facilities 

N.J.A.C. 7:27B–3.5. Source operations and 

applicable test methods 

N.J.A.C. 7:27B–3.6. Procedures for the 

determinations of vapor pressures of a 

single known VOC or mixtures of known 

and/or unknown VOC 

N.J.A.C. 7:27B–3.7. Procedures for the direct 

measurement of volatile organic 

compounds using a flame ionization 

detector (FID), a photoionization detector 

(PID) or a non-dispersive infrared 

analyzer (NDIR) 

N.J.A.C. 7:27B–3.8. Procedures for the direct 

measurement of volatile organic 

compounds using a gas chromatograph 

(GC) with a flame ionization detector 

(FID) or other suitable detector 

N.J.A.C. 7:27B–3.9. Procedures for the 

sampling and remote analysis of known 

volatile organic compounds using a gas 

chromatograph (GC) with a flame 

ionization detector (FID) or other 

suitable detector 

N.J.A.C. 7:27B–3.10. Procedures for the 

determination of volatile organic 

compounds in surface coating 

formulations 

N.J.A.C. 7:27B–3.11. Procedures for the 

determination of volatile organic 

compounds emitted from transfer 

operations using a flame ionization 

detector (FID) or non-dispersive infrared 

analyzer (NDIR) 

N.J.A.C. 7:27B–3.12. Procedures for the 

determination of volatile organic 

compounds in cutback and emulsified 

asphalts 

N.J.A.C. 7:27B–3.13. Procedures for the 

determination of leak tightness of 

gasoline delivery vessels 

N.J.A.C. 7:27B–3.14. Procedures for the direct 

detection of fugitive volatile organic 

compound leaks 

N.J.A.C. 7:27B–3.15. Procedures for the direct 

detection of fugitive volatile organic 

compound leaks from gasoline tank 

trucks and vapor collection systems 

using a combustible gas detector 

N.J.A.C. 7:27B–3.18. Test methods and 

sources incorporated by reference 

* * * * * 

[FR Doc. E9–23797 Filed 10–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–AU71 

Fisheries in the Western Pacific; 

Fishery Ecosystem Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of five new 

fishery ecosystem plans; request for 

comments. 

SUMMARY: NMFS announces the 

availability for public review and 

comment of proposed Fishery 

Ecosystem Plans (FEPs) for American 

Samoa, Hawaii, Mariana Archipelago, 

Pacific remote island areas, and western 

Pacific pelagic fisheries. The FEPs 

would incorporate and reorganize 

elements of five existing western Pacific 

fishery management plans from a 

species- or fishery-basis, to one that is 

founded on geography. The FEPs would 

not change current management 

measures. The objectives of the FEPs are 

to be consistent with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) through the incorporation of 

ecosystem-based goals and principles in 

fishery management. 

DATES: Comments on the amendment 

must be received by December 1, 2009. 

ADDRESSES: Comments on the FEPs, 

identified by 0648–AU71, may be sent 

to either of the following addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov; or 

• Mail: Mail written comments to 

William L. Robinson, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd, Suite 

1110, Honolulu, HI 96814–4700. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the commenter may be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

A Programmatic Environmental 

Impact Statement (PEIS) was prepared 

for these FEPs. The PEIS and five FEPs 

are available from www.regulations.gov 

or the Western Pacific Fishery 

Management Council (Council), 1164 

Bishop St., Suite 1400, Honolulu, HI 

96813, 808–522–8220, fax 808–522– 

8226, www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Brett Wiedoff, NMFS PIR, 808–944– 

2272. 

SUPPLEMENTARY INFORMATION: This 

Federal Register document is available 

at www.gpoaccess.gov/fr. 

The Magnuson-Stevens Act authorizes 

the regional fishery management 

councils to create fishery management 

plans. The Council developed five FEPs, 

consistent with the Magnuson-Stevens 

Act and the national standards for 

fishery conservation and management. 

This notice announces that the FEPs are 

available for public review and 

comment for 60 days. NMFS will 

consider public comments received 

during the comment period in 

determining whether to approve, 

partially approve, or disapprove the 

FEPs. 


pwalker on DSK8KYBLC1PROD with PROPOSALS