Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 3617 

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. 

31248, within 25-hours TIS or 30 days, 

whichever occurs first, unless done 

previously, and thereafter at intervals not to 

exceed 50-hours TIS. 

(b) If you find any bond separation, use the 

small end of the head of the hammer to 

identify the edges of the debonded area. If the 

debonded area goes beyond the strake, 

remove the strake. Using a marking pen or 

chalk, mark the edge of the debonded area. 

(1) Measure the surface area of each 

debonded area, the distance between the 

edges of the debonded areas, and the distance 

of the edge of each debonded area from the 

edge of the bond joint. 

(2) Before further flight, repair the tailboom 

using FAA-approved data and procedures if: 

(i) The debonded area exceeds 320 mm2

(0.5 in2), 

(ii) The distance between the edges of any 

two debonded areas is less than or equal to 

three times the largest debond dimension of 

the two debonded areas measured on a line 

between the centers of the two debonded 

areas, or 

(iii) The edge of any debonded area is less 

than 3 mm (0.118 in) from the edge of the 

panel bond joint. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, ATTN: DOT/FAA 

Southwest Region, Sharon Miles, ASW–111, 

Aviation Safety Engineer, Rotorcraft 

Directorate, Regulations and Guidance 

Group, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–5122, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(d) Special flight permits will not be 

issued. 

(e) Copies of the applicable service 

information may be obtained from Agusta, 

Via Giovanni Agusta, 520 21017 Cascina 

Costa di Samarate (VA), Italy, telephone 39 

0331–229111, fax 39 0331–229605/222595, 

or at http://customersupport.agusta.com/ 

technical_advice.php. 

(f) The JASC Code for this part is Code 

5302: Rotorcraft Tailboom. 

Note 2: The subject of this AD is addressed 

in European Aviation Safety Agency AD No. 

2009–0198–E, dated September 4, 2009. 

(g) This amendment becomes effective on 

February 8, 2010, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2009–19–51, 

issued September 16, 2009, which contained 

the requirements of this amendment. 

Issued in Fort Worth, Texas, on January 11, 

2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1159 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R02–OAR–2009–0680; FRL–9103–3] 

Outer Continental Shelf Air 

Regulations Update To Include New 

Jersey State Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (OCS) Air 

Regulations proposed in the Federal 

Register on October 2, 2009. 

Requirements applying to OCS sources 

located within 25 miles of States’ 

seaward boundaries must be 

promulgated and updated periodically 

to remain consistent with the 

requirements of the corresponding 

onshore area (COA), as mandated by the 

Clean Air Act (CAA). The portion of the 

OCS air regulations that is being 

updated pertains to the requirements for 

OCS sources in the State of New Jersey. 

The intended effect of approving the 

OCS requirements for the State of New 

Jersey is to regulate emissions from OCS 

sources in accordance with the 

requirements onshore. The requirements 

discussed below are incorporated by 

reference into the Code of Federal 

Regulations and are listed in the 

appendix to the OCS air regulations. 

DATES: Effective Date: This rule is 

effective on February 22, 2010. 

This incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of February 22, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2009–0680. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Publicly available docket materials 

are available either electronically 

through http://www.regulations.gov or 

in hard copy at the U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007. 

FOR FURTHER INFORMATION CONTACT: 

Steven Riva, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, New York, 

New York 10007; telephone number: 

(212) 637–4074; e-mail address: 

riva.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Public Comment and EPA Response 

III. EPA Action 

IV. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Government 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Congressional Review Act 

K. Petitions for Judicial Review 

I. Background Information 

Throughout this document, the terms 

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

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain Federal and state 

ambient air quality standards (AAQS) 

and to comply with the provisions of 

Part C of title I of the CAA. 40 CFR part 

55 applies to all OCS sources offshore 

of the states except those located in the 

Gulf of Mexico west of 87.5 degrees 

longitude. 

On October 2, 2009 (74 FR 50939), 

EPA proposed to approve requirements 

into the OCS Air Regulations pertaining 

to the State of New Jersey. EPA has 

evaluated the proposed regulations to 

ensure that they are rationally related to 

the attainment or maintenance of 

Federal or state ambient air quality 

standards or Part C of title I of the Act, 

that they are not designed expressly to 

prevent exploration and development of 

the OCS and that they are applicable to 

OCS sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). In addition, EPA has excluded 

administrative or procedural rules. 

Section 328(a) of the CAA requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of States’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable rules in effect for 

onshore sources into 40 CFR part 55. 

This limits EPA’s flexibility in deciding 

which requirements will be 

incorporated into 40 CFR part 55 and 

prevents EPA from making substantive 


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3618 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

changes to the requirements it 

incorporates. As a result, EPA may be 

incorporating rules into 40 CFR part 55 

that do not conform to all of EPA’s state 

implementation plan (SIP) guidance or 

certain requirements of the CAA. 

Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the CAA for SIP approval, nor does 

it imply that the rule will be approved 

by EPA for inclusion in the SIP. 

In preparing the Final rule, the 

following corrections were made to the 

list of requirements published on 

October 2, 2009, and are incorporated 

into this final publication: 

1. A section titled ‘‘N.J.A.C. 7:27–21.6. 

Methods to be used for quantifying 

actual emissions’’ is inserted at 

Subchapter 21of Chapter 27. This 

insertion rectifies the unintended 

omission from that proposed rule. 

Subsequently, Subchapters 21.6, 21.7, 

21.8, 21.9, and 21.10 now read 21.7, 

21.8, 21.9, 21.10, and 21.11, 

respectively. 

2. The title to Subchapter 31.6 has 

been edited to now read ‘‘Use of 

allowances by former users of DER 

credits’’. 

3. The word ‘‘reserve’’ has been 

removed from the title of N.J.A.C. 7:27– 

31.8 which should read ‘‘Claims for 

incentive allowances’’. 

4. A section titled ‘‘N.J.A.C. 7:27B–2.3. 

Observation principle’’ is inserted at 

Subchapter 2 of Chapter 27B. This 

insertion rectifies the unintended 

omission from the proposed rule. 

Subsequently, Subchapters 2.3, 2.4, and 

2.5 now read 2.4, 2.5, and 2.6, 

respectively. 

II. Public Comment and EPA Response 

EPA’s proposed action provided a 30- 

day public comment period which 

closed on November 2, 2009. During 

this period EPA received no comments 

on the proposed action. 

III. EPA Action 

In this document, EPA takes final 

action to incorporate the proposed 

changes into 40 CFR part 55. EPA is 

approving the proposed actions under 

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

7627. Section 328(a) of the Act requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of States’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. 

IV. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) has exempted this regulatory 

action from Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review.’’ 

B. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

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

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the CAA, without the 

exercise of any policy discretion by 

EPA. These OCS rules already apply in 

the COA, and EPA has no evidence to 

suggest that these OCS rules have had 

a significant economic impact on a 

substantial number of small entities. As 

required by section 328 of the CAA, this 

action simply incorporates the existing 

rules in the COA. Therefore, EPA 

certifies that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Under section 202 of the Unfunded 

Mandates Reform Act of 1995 

(Unfunded Mandates Act), signed into 

law on March 22, 1995, EPA must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

may result in estimated costs to State, 

local, and tribal governments in the 

aggregate; or to the private sector, of 

$100 million or more in any one year. 

Under section 205, EPA must select the 

most cost-effective and least 

burdensome alternative that achieves 

the objectives of the rule and is 

consistent with statutory requirements. 

Section 203 requires EPA to establish a 

plan for informing and advising any 

small governments that may be 

significantly or uniquely impacted by 

the rule. 

EPA has determined that today’s final 

rule contains no Federal mandates that 

may result in expenditures of $100 

million or more for State, local, or tribal 

governments, in the aggregate, or to the 

private sector in any one year. This 

action approves pre-existing 

requirements under State or local law, 

and imposes no new requirements. 

Accordingly, no additional costs to 

State, local or tribal governments, or to 

the private sector, result from this 

action. 

E. Executive Order 13132: Federalism 

Federalism (64 FR 43255, August 10, 

1999) revokes and replaces Executive 

Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental 

Partnership). Executive Order 13132 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ Under 

Executive Order 13132, EPA may not 

issue a regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

Government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

merely approves a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, the requirements of 

section 6 of the Executive Order do not 

apply to this rule. 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 3619 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

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

applies to any rule that: (1) is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This final rule is not subject to 

Executive Order 13045 because it does 

not involve decisions intended to 

mitigate environmental health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not subject to 

Executive Order 13211, entitled 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use voluntary 

consensus standards (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

laws or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this section. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Congressional Review Act 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

will be effective February 22, 2010. 

K. Petition for Judicial Review 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 23, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final action 

does not affect the finality of this action 

for the purposes of judicial review nor 

does it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: December 30, 2009. 

Judith A. Enck, 

Regional Administrator, Region 2. 

■ Title 40, chapter I of the Code of 

Federal Regulations, is to be amended as 

follows: 

PART 55—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 55 continues to read as follows: 

Authority: Section 328 of the 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: 

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: 


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3620 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

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, 

recordkeeping and testing 

N.J.A.C. 7:27–16.23. Procedures for 

demonstrating compliance 

N.J.A.C. 7:27–16.26. Variances 

N.J.A.C. 7:27–16.27. Exceptions 

APPENDIX I 

APPENDIX II 

Chapter 27 Subchapter 18—Control and 

Prohibition of Air Pollution From New or 

Altered Sources Affecting Ambient Air 

Quality (Emission Offset Rules) (Effective 

12/1/08) 

N.J.A.C. 7:27–18.1. Definitions 

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

subchapter 

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

permits 

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

analysis 

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

emission reductions as emission offsets 

N.J.A.C. 7:27–18.6. Emission offset 

postponement 

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

emission increase or a significant net 

emission increase 

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

reductions 

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

N.J.A.C. 7:27–18.10. Exemptions 

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

penalties for failure to comply 

Chapter 27 Subchapter 19—Control and 

Prohibition of Air Pollution From Oxides of 

Nitrogen (Effective 04/20/09) 

N.J.A.C. 7:27–19.1. Definitions 

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

applicability 

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

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

generating units 

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

turbines 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 3621 

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

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

institutional boilers and other indirect heat 

exchangers 

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

engines 

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

recordkeeping 

N.J.A.C. 7:27–19.13. Alternative and 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 Methods to be used for 

quantifying actual emissions 

N.J.A.C. 7:27–21.7. Recordkeeping 

requirements 

N.J.A.C. 7:27–21.8. Certification of 

information 

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

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

N.J.A.C. 7:27–21.11. Severability 

Chapter 27 Subchapter 22—Operating 

Permits (Effective 12/1/08) 

N.J.A.C. 7:27–22.1. Definitions 

N.J.A.C. 7:27–22.2. Applicability 

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

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

procedures 

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

for initial operating permits 

N.J.A.C. 7:27–22.6. Operating permit 

application contents 

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

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

modeling and risk assessment 

N.J.A.C. 7:27–22.9. Compliance plans 

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

N.J.A.C. 7:27–22.11. Public comment 

N.J.A.C. 7:27–22.12. EPA comment 

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

application 

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

permits 

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

operating permits 

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

contents 

N.J.A.C. 7:27–22.17. Permit shield 

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

and monitoring 

N.J.A.C. 7:27–22.19. Recordkeeping, 

reporting and compliance certification 

N.J.A.C. 7:27–22.20. Administrative 

amendments 

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

source operations 

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

changes 

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

N.J.A.C. 7:27–22.24. Significant 

modifications 

N.J.A.C. 7:27–22.24A. Reconstruction 

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

operating permit modifications 

N.J.A.C. 7:27–22.26. MACT and GACT 

standards 

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

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

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

emissions averaging programs 

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

deposition control 

N.J.A.C. 7:27–22.30. Renewals 

N.J.A.C. 7:27–22.31. Fees 

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

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

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

emissions 

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

air pollution 

APPENDIX 

TABLE A 

TABLE B 

Chapter 27 Subchapter 30—Clean Air 

Interstate Rule (CAIR) NOX Trading 

Program (Effective 8/17/07) 

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

N.J.A.C. 7:27–30.2. Definitions 

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

annual allowances & CAIR NOX ozone 

season allowances 

N.J.A.C. 7:27–30.4. The compliance 

supplement pool 

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

allowances 

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

Chapter 27 Subchapter 31—NOX Budget 

Program (Effective 4/5/04) 

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

N.J.A.C. 7:27–31.2. Definitions 

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

provisions 

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

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

emission offset program 

N.J.A.C. 7:27–31.6. Use of allowances by 

former users of DER credits 

N.J.A.C. 7:27–31.7. Annual allowance 

allocation 

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

allowances 

N.J.A.C. 7:27–31.9. Permits 

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

and retirement 

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

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

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

system (NATS) 

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

N.J.A.C. 7:27–31.15. Recordkeeping 

N.J.A.C. 7:27–31.16. Reporting 

N.J.A.C. 7:27–31.17. End-of-season 

reconciliation 

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

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

deduction 

N.J.A.C. 7:27–31.20. Program audit 

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

and sources incorporated by reference 

Chapter 27B Subchapter 1—Sampling and 

Analytical Procedures for Determining 

Emissions of Particles From Manufacturing 

Processes and From Combustion of Fuels 

(Effective 6/1/76) 

N.J.A.C. 7:27B–1.1. Definitions 

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

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

during the test 

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

provided by the person responsible for 

emissions 

N.J.A.C. 7:27B–1.5. Sampling train 

N.J.A.C. 7:27B–1.6. Performance test 

principle 

N.J.A.C. 7:27B–1.7. General testing 

requirements 

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

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

N.J.A.C. 7:27B–1.10. Sampling 

N.J.A.C. 7:27B–1.11. Sample recovery 

N.J.A.C. 7:27B–1.12. Analysis 

N.J.A.C. 7:27B–1.13. Calculations 

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

Chapter 27B Subchapter 2—Procedures for 

Visual Determination of the Opacity 

(Percent) and Shade or Appearance 

(Ringelmann Number) of Emissions From 

Sources (Effective 6/21/76) 

N.J.A.C. 7:27B–2.1. Definitions 

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

methods 

N.J.A.C. 7:27B–2.3. Observation principle 

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

requirements 

N.J.A.C. 7:27B–2.5. Required observation 

data 

N.J.A.C. 7:27B–2.6. Certification 

REFERENCES 

APPENDIX 

Chapter 27B Subchapter 3—Air Test Method 

3: Sampling and Analytical Procedures for 

the Determination of Volatile Organic 

Compounds From Source Operations 

(Effective 12/1/08) 

N.J.A.C. 7:27B–3.1. Definitions 


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3622 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

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

protocol: acceptable test methods 

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

during the test 

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

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

applicable test methods 

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

determinations of vapor pressures of a 

single known VOC or mixtures of known 

and/or unknown VOC 

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

measurement of volatile organic 

compounds using a flame ionization 

detector (FID), a photoionization detector 

(PID) or a non-dispersive infrared analyzer 

(NDIR) 

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

measurement of volatile organic 

compounds using a gas chromatograph 

(GC) with a flame ionization detector (FID) 

or other suitable detector 

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

sampling and remote analysis of known 

volatile organic compounds using a gas 

chromatograph (GC) with a flame 

ionization detector (FID) or other suitable 

detector 

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

determination of volatile organic 

compounds in surface coating formulations 

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

determination of volatile organic 

compounds emitted from transfer 

operations using a flame ionization 

detector (FID) or non-dispersive infrared 

analyzer (NDIR) 

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

determination of volatile organic 

compounds in cutback and emulsified 

asphalts 

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

determination of leak tightness of gasoline 

delivery vessels 

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

detection of fugitive volatile organic 

compound leaks 

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

detection of fugitive volatile organic 

compound leaks from gasoline tank trucks 

and vapor collection systems using a 

combustible gas detector 

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

sources incorporated by reference. 

* * * * * 

[FR Doc. 2010–1111 Filed 1–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, and 74 

[WT Docket Nos. 08–166, 08–167, and ET 

Docket No. 10–24; FCC 10–16] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order, the 

Commission establishes a deadline for 

wireless microphones and other low 

power auxiliary stations to cease 

operation in the 700 MHz Band. The 

Commission also adopts an early 

clearing mechanism by which 700 MHz 

public safety and commercial licensees 

can provide notice that they are 

initiating operations in the 700 MHz 

Band. In addition, the Commission 

prohibits the manufacture, import, sale, 

lease, offer for sale or lease, or shipment 

of wireless microphones and other low 

power auxiliary stations intended for 

use in the 700 MHz Band. With regard 

to users who are not eligible for, or who 

do not hold part 74, Subpart H license 

authorizations, the Commission waive 

its part 15 rules for a limited period. 

Finally, the Commission adopts certain 

disclosure requirements under which 

manufacturers, dealers, distributors, and 

other entities that sell or lease these 

devices must display a consumer 

disclosure at the point of sale or lease. 

DATES: Effective January 22, 2010, 

except for §§ 15.216, 74.802(e)(2), and 

74.851(h) and (i), which contains 

information collection requirements that 

have not been approved by OMB. The 

FCC will publish a document in the 

Federal Register announcing the 

effective date. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 08–166, 

08–167 and ET Docket No. 10–24, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although the Commission continues to 

experience delays in receiving U.S. 

Postal Service mail). All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Paul D’Ari, 

Wireless Telecommunications Bureau, 

(202) 418–1550, e-mail 

Paul.Dari@fcc.gov, or Hugh L. Van Tuyl, 

Office of Engineering and Technology, 

(202) 418–7506, e-mail 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s rules 

noted in the Report and Order and 

Further Notice of Proposed Rulemaking 

in WT Docket Nos. 08–166 and 08–167, 

ET Docket No. 10–24 and FCC 10–16, 

adopted January 14, 2010, and released 

on January 15, 2010. This summary 

should be read with its companion 

document, the Further Notice of 

Proposed Rulemaking (FNPRM) 

summary published elsewhere in this 

issue of the Federal Register. The full 

text of the Report and Order and 

FNPRM is available for public 

inspection and copying during business 

hours in the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

It also may be purchased from the 

Commission’s duplicating contractor at 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554; the 

contractor’s Web site, http:// 

www.bcpiweb.com; or by calling (800) 

378–3160, facsimile (202) 488–5563, or 

e-mail FCC@BCPIWEB.com. Copies of 

the public notice also may be obtained 

via the Commission’s Electronic 

Comment Filing System (ECFS) by 

entering the docket numbers, WT 

Docket No. 08–166, WT Docket No. 08– 

167, and ET Docket No. 10–24. 

Additionally, the complete item is 

available on the Federal 

Communications Commission’s Web 

site at http://www.fcc.gov. 


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