30050 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 

1The 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. 

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). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R02–OAR–2017–0723; FRL–9977– 

64—Region 2] 

Outer Continental Shelf Air 

Regulations Update To Include New 

Jersey State Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing the update of 

the Outer Continental Shelf (OCS) Air 

Regulations proposed in the Federal 

Register on February 13, 2018. 

Requirements applying to OCS sources 

located within 25 miles of states’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements for the corresponding 

onshore area (COA), which is typically 

the state geographically closest to the 

OCS source. The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources for which the State of New 

Jersey is the COA. The intended effect 

of approving the updated OCS 

requirements for the State of New Jersey 

is to regulate emissions from OCS 

sources in accordance with the 

requirements onshore. The requirements 

discussed below are incorporated by 

reference into the Code of Federal 

Regulations and are listed in the 

appendix to the OCS air regulations. 

DATES: Effective Date: This rule is 

effective on July 27, 2018. 

The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of July 27, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2017–0723. 

The index to the docket is available 

electronically at http://

www.regulations.gov and in hard copy 

at EPA Region 2, 290 Broadway, New 

York, New York 10007. 

FOR FURTHER INFORMATION CONTACT: 

Viorica Petriman, Air Programs Branch, 

Permitting Section, U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007, 

(212) 637–4021, petriman.viorica@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On February 13, 2018 (83 FR 6136), 

EPA proposed to incorporate 

requirements into the OCS Air 

Regulations at 40 CFR part 55 1

pertaining to the State of New Jersey. 

Section 328(a) of the CAA requires that 

for such sources located within 25 miles 

of a State’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the corresponding onshore area 

(COA). Because the OCS requirements 

are based on onshore requirements, and 

onshore requirements may change, 

section 328(a)(1) requires that the EPA 

update the OCS requirements as 

necessary to maintain consistency with 

onshore requirements. 

To comply with the statutory mandate 

of Section 328(a)(1) of the CAA, the EPA 

must incorporate by reference all 

relevant state rules into part 55 so they 

can be applied to OCS sources located 

offshore. 40 CFR 55.12 specifies certain 

times at which part 55’s incorporation 

by reference of a state’s rules must be 

updated. One such time a consistency 

update must occur is when any OCS 

source applicant submits a Notice of 

Intent (NOI) under 40 CFR 55.4 for a 

new or a modified OCS source. 40 CFR 

55.4(a) requires that any OCS source 

applicant must submit to EPA a NOI 

before performing any physical change 

or change in method of operation that 

results in an increase in emissions. EPA 

must conduct any necessary consistency 

update when it receives an NOI, and 

prior to receiving any application for a 

preconstruction permit from the OCS 

source applicant. 40 CFR 55.6(b)(2) and 

55.12(f). 

On December 21, 2017, the EPA 

received a NOI for a new OCS source off 

the coast of New Jersey. In today’s 

action, the EPA is updating the ‘‘New 

Jersey’’ section of Appendix A to 40 

CFR part 55 to incorporate by reference 

the relevant New Jersey air pollution 

control rules that are currently in effect. 

EPA has evaluated the proposed 

regulations to ensure that they are 

rationally related to the attainment or 

maintenance of Federal or state ambient 

air quality standards (AAQS) or part C 

of title I of the Act, that they are not 

designed expressly to prevent 

exploration and development of the 

OCS, and that they are applicable to 

OCS sources. 40 CFR 55.1. The EPA has 

also evaluated the rules to ensure they 

are not arbitrary and capricious. 40 CFR 

55.12(e). The EPA has excluded New 

Jersey’s administrative or procedural 

rules,2 and requirements that regulate 

toxics which are not related to the 

attainment and maintenance of Federal 

and State AAQS. 

To comply with the statutory mandate 

of Section 328(a) of the CAA, the EPA 

must incorporate by reference 

applicable rules in effect for onshore 

sources into part 55. This limits EPA’s 

flexibility in deciding which 

requirements will be incorporated into 

40 CFR part 55 and prevents EPA from 

making substantive changes to the 

requirements it incorporates. As a 

result, EPA may be incorporating rules 

into 40 CFR part 55 that do not conform 

to all of EPA’s state implementation 

plan (SIP) guidance or certain 

requirements of the CAA. Inclusion in 

the OCS rule does not imply that a rule 

meets the requirements of the CAA for 

SIP approval, nor does it imply that the 

rule will be approved by EPA for 

inclusion in the SIP. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period, which 

closed on March 15, 2018. During this 

period, we received 12 public 

comments. None of the comments are 

relevant to today’s action, which simply 

incorporates by reference current New 

Jersey air pollution control rules into 

the OCS regulations applicable to all 

OCS sources and makes no findings 

regarding any specific OCS source. 

Thus, no EPA response to public 

comments is warranted. 

III. EPA Action 

In this document, EPA is taking final 

action to incorporate the proposed 

changes into 40 CFR part 55. EPA is 

approving this action under section 

328(a)(1) of the Act, 42 U.S.C. 7627. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of States’ seaward 

boundaries that are the same as onshore 


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requirements. To comply with this 

statutory mandate, the EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the NJDEP 

air rules that are applicable to OCS 

sources and which are described in the 

amendments to 40 CFR part 55 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available through www.regulations.gov 

and at the EPA Region 2 Office. Please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of states’ seaward boundaries that 

are the same as onshore air control 

requirements. To comply with this 

statutory mandate, the EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, 

in promulgating OCS consistency 

updates, the EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 

exercise of any policy discretion by the 

EPA. For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); and 13563 (76 FR 

3821, January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandate Reform Act of 

1995 (Pub. L. 04–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this final rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

costs on tribal governments, nor 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 27, 2018. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: April 19, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

For the reasons set out in the 

preamble, title 40 of the Code of Federal 

Regulations, part 55, is amended as 

follows: 

PART 55—[AMENDED] 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Clean Air Act 

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

Public Law 101–549. 

■ 2. Section 55.14 is amended by 

revising the sixth sentence in paragraph 

(e) introductory text and paragraph 

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

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * Copies of rules pertaining to 

particular states or local areas may be 

inspected or obtained from the EPA 

Docket Center—Public Reading Room, 

EPA West Building, Room 3334, 1301 

Constitution Avenue NW, Washington, 

DC 20004 or the appropriate EPA 

regional offices: U.S. EPA, Region 1 

(Massachusetts), One Congress Street, 

Boston, MA 02114–2023; U.S. EPA, 

Region 2 (New Jersey and New York), 

290 Broadway, New York, NY 10007– 

1866; U.S. EPA, Region 3 (Delaware), 

1650 Arch Street, Philadelphia, PA 

19103, (215) 814–5000; U.S. EPA, 

Region 4 (Florida and North Carolina), 

61 Forsyth Street, Atlanta, GA 30303; 

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

Hawthorne Street, San Francisco, CA 

94105; and U.S. EPA, Region 10 

(Alaska), 1200 Sixth Avenue, Seattle, 

WA 98101. * * * 

* * * * * 

(15) * * * 

(i) * * * 


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(A) State of New Jersey Requirements 

Applicable to OCS Sources, January 16, 

2018. 

* * * * * 

■ 3. Appendix A to part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘New Jersey’’ to read as 

follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

NEW JERSEY 

(a) * * * 

(1) The following State of New Jersey 

requirements are applicable to OCS Sources, 

as of January 16, 2018. New Jersey State 

Department of Environmental Protection— 

New Jersey Administrative Code. The 

following sections of Title 7: 

Chapter 27 Subchapter 2—Control and 

Prohibition of Open Burning (Effective 

6/20/1994) 

N.J.A.C. 7:27–2.1. Definitions 

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

operations 

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

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

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

N.J.A.C. 7:27–2.7. Emergencies 

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

N.J.A.C. 7:27–2.12. Special permit 

N.J.A.C. 7:27–2.13. Fees 

Chapter 27 Subchapter 3—Control and 

Prohibition of Smoke From Combustion of 

Fuel (Effective 2/4/2002) 

N.J.A.C. 7:27–3.1. Definitions 

N.J.A.C. 7:27–3.2. Smoke emissions from 

stationary indirect heat exchangers 

N.J.A.C. 7:27–3.3. Smoke emissions from 

marine installations 

N.J.A.C. 7:27–3.4. Smoke emissions from the 

combustion of fuel in mobile sources 

N.J.A.C. 7:27–3.5. Smoke emissions from 

stationary internal combustion engines 

and stationary turbine engines 

N.J.A.C. 7:27–3.6. Stack test 

N.J.A.C. 7:27–3.7. Exceptions 

Chapter 27 Subchapter 4—Control and 

Prohibition of Particles From Combustion of 

Fuel (Effective 4/20/2009) 

N.J.A.C. 7:27–4.1. Definitions 

N.J.A.C. 7:27–4.2. Standards for the emission 

of particles 

N.J.A.C. 7:27–4.3. Performance test principle 

N.J.A.C. 7:27–4.4. Emissions tests 

N.J.A.C. 7:27–4.6. Exceptions 

Chapter 27 Subchapter 5—Prohibition of 

Air Pollution (Effective 10/12/1977) 

N.J.A.C. 7:27–5.1. Definitions 

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

Chapter 27 Subchapter 6—Control and 

Prohibition of Particles From Manufacturing 

Processes (Effective 6/12/1998) 

N.J.A.C. 7:27–6.1. Definitions 

N.J.A.C. 7:27–6.2. Standards for the emission 

of particles 

N.J.A.C. 7:27–6.3. Performance test principles 

N.J.A.C. 7:27–6.4. Emissions tests 

N.J.A.C. 7:27–6.5. Variances 

N.J.A.C. 7:27–6.7. Exceptions 

Chapter 27 Subchapter 7—Sulfur (Effective 

11/6/2017) 

N.J.A.C. 7:27–7.1. Definitions 

N.J.A.C. 7:27–7.2. Control and prohibition of 

air pollution from sulfur compounds 

Chapter 27 Subchapter 8—Permits and 

Certificates for Minor Facilities (and Major 

Facilities Without an Operating Permit) 

(Effective 1/16/2018) 

N.J.A.C. 7:27–8.1. Definitions 

N.J.A.C. 7:27–8.2. Applicability 

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

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

submit a notice, or renew 

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

N.J.A.C. 7:27–8.6. Service fees 

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

N.J.A.C. 7:27–8.8. General permits 

N.J.A.C. 7:27–8.9. Environmental 

improvement pilot tests 

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

permit 

N.J.A.C. 7:27–8.12. State of the art 

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

N.J.A.C. 7:27–8.14. Denials 

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

N.J.A.C. 7:27–8.16. Revocation 

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

permits and certificates 

N.J.A.C. 7:27–8.18. Permit revisions 

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

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

N.J.A.C. 7:27–8.21. Amendments 

N.J.A.C. 7:27–8.23. Reconstruction 

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

construction but not operation 

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

pollution control equipment or pollution 

prevention process modifications 

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

permit provisions 

Appendix 1 

Chapter 27 Subchapter 9—Sulfur in Fuels 

(Effective 9/20/2010) 

N.J.A.C. 7:27–9.1. Definitions 

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

N.J.A.C. 7:27–9.3. Exemptions 

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

modeling 

Chapter 27 Subchapter 10—Sulfur in Solid 

Fuels (Effective 9/6/2011) 

N.J.A.C. 7:27–10.1. Definitions 

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

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

or construction of solid fuel burning 

units 

N.J.A.C. 7:27–10.4. Exemptions 

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

determinations 

Chapter 27 Subchapter 11—Incinerators 

(Effective 5/4/1998) 

N.J.A.C. 7:27–11.1. Definitions 

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

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

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

certificate to operate 

N.J.A.C. 7:27–11.5. Operation 

N.J.A.C. 7:27–11.6. Exceptions 

Chapter 27 Subchapter 12—Prevention and 

Control of Air Pollution Emergencies 

(Effective 5/20/1974) 

N.J.A.C. 7:27–12.1. Definitions 

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

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

termination 

N.J.A.C. 7:27–12.4. Standby plans 

N.J.A.C. 7:27–12.5. Standby orders 

Table I Emission Reduction Objectives 

Table II Emission Reduction Objectives 

Table III Emission Reduction Objectives 

Chapter 27 Subchapter 16—Control and 

Prohibition of Air Pollution by Volatile 

Organic Compounds (Effective 1/16/2018) 

N.J.A.C. 7:27–16.1. Definitions 

N.J.A.C. 7:27–16.1A. Purpose, scope, 

applicability, and severability 

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

tanks 

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

operations 

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

other than gasoline 

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

loading and ballasting operations 

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

solvent cleaning operations 

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

graphic arts operations 

N.J.A.C. 7:27–16.8. Boilers 

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

turbines 

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

engines 

N.J.A.C. 7:27–16.12. Surface coating 

operations at mobile equipment repair 

and refinishing facilities 

N.J.A.C. 7:27–16.13. Flares 

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

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

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

repair 

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

and emulsified asphalts 

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

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

record keeping and testing 

N.J.A.C. 7:27–16.23. Procedures for 

demonstrating compliance 

N.J.A.C. 7:27–16.27. Exceptions 

Appendix I 

Appendix II 

Chapter 27 Subchapter 18—Control and 

Prohibition of Air Pollution From New or 

Altered Sources Affecting Ambient Air 

Quality (Emission Offset Rules) (Effective 11/ 

6/2017) 

N.J.A.C. 7:27–18.1. Definitions 

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

subchapter 

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

permits 

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

analysis 

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

emission reductions as emission offsets 

N.J.A.C. 7:27–18.6. Emission offset 

postponement 

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

emission increase or a significant net 

emission increase 

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

reductions 


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

N.J.A.C. 7:27–18.10. Exemptions 

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

penalties for failure to comply 

Chapter 27 Subchapter 19—Control and 

Prohibition of Air Pollution From Oxides of 

Nitrogen (Effective 1/16/2018) 

N.J.A.C. 7:27–19.1. Definitions 

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

applicability 

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

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

generating units 

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

turbines 

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

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

institutional boilers and other indirect 

heat exchangers 

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

engines 

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

recordkeeping 

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

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

approvals under this subchapter 

N.J.A.C. 7:27–19.15. Procedures and 

deadlines for demonstrating compliance 

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

processes 

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

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

monitoring 

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

recording 

N.J.A.C. 7:27–19.20. Fuel switching 

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

repowering 

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

of innovative control technology 

N.J.A.C. 7:27–19.25. Exemption for 

emergency use of fuel oil 

N.J.A.C. 7:27–19.26. Penalties 

Chapter 27 Subchapter 20—Used Oil 

Combustion (Effective 9/6/2011) 

N.J.A.C. 7:27–20.1. Definitions 

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

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

covered by a registration 

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

covered by a permit 

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

oil is on-specification 

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

units 

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

N.J.A.C. 7:27–20.8. Ash standard 

N.J.A.C. 7:27–20.9. Exception 

Chapter 27 Subchapter 21—Emission 

Statements (Effective 1/16/2018) 

N.J.A.C. 7:27–21.1. Definitions 

N.J.A.C. 7:27–21.2. Applicability 

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

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

an emission statement 

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

emission statement 

N.J.A.C. 7:27–21.6. Methods to be used for 

quantifying actual emissions 

N.J.A.C. 7:27–21.7. Recordkeeping 

requirements 

N.J.A.C. 7:27–21.8. Certification of 

information 

N.J.A.C. 7:27–21.9. Request for extensions 

N.J.A.C. 7:27–21.10. Determination of nonapplicability 

N.J.A.C. 7:27–21.11. Severability 

Appendix 1 

Chapter 27 Subchapter 22—Operating 

Permits (Effective 1/16/2018) 

N.J.A.C. 7:27–22.1. Definitions 

N.J.A.C. 7:27–22.2. Applicability 

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

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

procedures 

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

for initial operating permits 

N.J.A.C. 7:27–22.6. Operating permit 

application contents 

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

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

modeling and risk assessment 

N.J.A.C. 7:27–22.9. Compliance plans 

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

N.J.A.C. 7:27–22.11. Public comment 

N.J.A.C. 7:27–22.12. EPA comment 

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

application 

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

permits 

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

operating permits 

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

contents 

N.J.A.C. 7:27–22.17. Permit shield 

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

and monitoring 

N.J.A.C. 7:27–22.19. Recordkeeping, 

reporting and compliance certification 

N.J.A.C. 7:27–22.20. Administrative 

amendments 

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

source operations 

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

changes 

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

N.J.A.C. 7:27–22.24. Significant 

modifications 

N.J.A.C. 7:27–22.24A. Reconstruction 

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

operating permit modifications 

N.J.A.C. 7:27–22.26. MACT and GACT 

standards 

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

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

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

emissions averaging programs 

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

deposition control 

N.J.A.C. 7:27–22.30. Renewals 

N.J.A.C. 7:27–22.31. Fees 

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

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

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

emissions 

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

air pollution 

Appendix 

Table A 

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 


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30054 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 

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

determination of volatile organic 

compounds in surface coating 

formulations 

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

determination of volatile organic 

compounds emitted from transfer 

operations using a flame ionization 

detector (FID) or non-dispersive infrared 

analyzer (NDIR) 

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

determination of volatile organic 

compounds in cutback and emulsified 

asphalts 

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

determination of leak tightness of 

gasoline delivery vessels 

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

detection of fugitive volatile organic 

compound leaks 

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

detection of fugitive volatile organic 

compound leaks from gasoline tank 

trucks and vapor collection systems 

using a combustible gas detector 

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

sources incorporated by reference 

* * * * * 

[FR Doc. 2018–13577 Filed 6–26–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 713 

[EPA–HQ–OPPT–2017–0421; FRL–9979–74] 

RIN 2070–AK22 

Mercury; Reporting Requirements for 

the TSCA Mercury Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: As required under section 

8(b)(10)(D) of the Toxic Substances 

Control Act (TSCA), EPA is finalizing 

reporting requirements for applicable 

persons to provide information to assist 

in the preparation of an ‘‘inventory of 

mercury supply, use, and trade in the 

United States,’’ where ‘‘mercury’’ is 

defined as ‘‘elemental mercury’’ and ‘‘a 

mercury compound.’’ The requirements 

apply to any person who manufactures 

(including imports) mercury or 

mercury-added products, or otherwise 

intentionally uses mercury in a 

manufacturing process. Based on the 

inventory of information collected, the 

Agency is directed to ‘‘identify any 

manufacturing processes or products 

that intentionally add mercury; and . . . 

recommend actions, including proposed 

revisions of Federal law or regulations, 

to achieve further reductions in mercury 

use.’’ At this time, EPA is not making 

such identifications or 

recommendations. 

DATES: This final rule is effective August 

27, 2018. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2017–0421, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Thomas Groeneveld, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 566–1188; 

email address: groeneveld.thomas@

epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture 

(including import) mercury or mercuryadded products, or if you otherwise 

intentionally use mercury in a 

manufacturing process. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include the following: 

• Gold ore mining (NAICS code 

212221). 

• Lead ore and zinc ore mining 

(NAICS code 212231). 

• All other metal ore mining (NAICS 

code 212299). 

• Asphalt shingle and coating 

materials manufacturing (NAICS code 

324122). 

• Synthetic dye and pigment 

manufacturing (NAICS code 325130). 

• Other basic inorganic chemical 

manufacturing (NAICS code 325180). 

• All other basic organic chemical 

manufacturing (NAICS code 325199). 

• Plastics material and resin 

manufacturing (NAICS code 325211). 

• Pesticide and other agricultural 

chemical manufacturing (NAICS code 

325320). 

• Medicinal and botanical 

manufacturing (NAICS code 325411). 

• Pharmaceutical preparation 

manufacturing (NAICS code 325412). 

• Biological product (except 

diagnostic) manufacturing (NAICS code 

325414). 

• Paint and coating manufacturing 

(NAICS code 325510). 

• Adhesive manufacturing (NAICS 

code 325520). 

• Custom compounding of purchased 

resins (NAICS code 325991). 

• Photographic film, paper, plate, and 

chemical manufacturing (NAICS code 

325992). 

• All other miscellaneous chemical 

product and preparation manufacturing 

(NAICS code 325998). 

• Unlaminated plastics film and sheet 

(except packaging) manufacturing 

(NAICS code 326113). 

• Unlaminated plastics profile shape 

manufacturing (NAICS code 326121). 

• Urethane and other foam product 

(except polystyrene) manufacturing 

(NAICS code 326150). 

• All other plastics product 

manufacturing (NAICS code 326199). 

• Tire manufacturing (NAICS code 

326211). 

• All other rubber product 

manufacturing (NAICS code 326299). 

• Iron and steel mills and ferroalloy 

manufacturing (NAICS code 331110). 

• Rolled steel shape manufacturing 

(NAICS code 331221). 

• Alumina refining and primary 

aluminum production (NAICS code 

331313). 

• Secondary smelting and alloying of 

aluminum (NAICS code 331314). 

• Nonferrous metal (except 

aluminum) smelting and refining 

(NAICS code 331410). 

• Secondary smelting, refining, and 

alloying of nonferrous metal (except 

copper and aluminum) (NAICS code 

331492). 

• Iron foundries (NAICS code 

331511). 

• Steel foundries (except investment) 

(NAICS code 331513). 

• Fabricated structural metal 

manufacturing (NAICS code 332312). 

• Industrial valve manufacturing 

(NAICS code 332911). 

• Ammunition except small arms 

manufacturing (NAICS code 332993). 

• Small arms, ordnance, and 

ordnance accessories manufacturing 

(NAICS code 332994). 


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