Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11961 

1EPA promulgated 40 CFR part 55 on September 

4, 1992. The reader may refer to the proposed 

rulemaking to promulgate part 55 from 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 

Continued 

Name of non-regulatory SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Revision to the Classification and Implementation of the 2015 Ozone National 

Ambient Air Quality Standard for the 

Northern Virginia Nonattainment Area.

Northern Virginia 

Ozone Nonattainment Area.

8/28/20 3/3/22, [insert Federal Register citation].This revision consists of an amendment 

to an existing regulation which adds a 

new section listing the localities that 

comprise the Northern Virginia ozone 

nonattainment area. 

* * * * * 

[FR Doc. 2022–04362 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R02–OAR–2021–0747; FRL–9241–02– 

R2] 

Outer Continental Shelf Air 

Regulations Update To Include New 

Jersey State Requirements 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an update of 

a portion of the Outer Continental Shelf 

(OCS) Air Regulations proposed in the 

Federal Register on November 23, 2021. 

Requirements applying to OCS sources 

located within 25 miles of states’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (COA), as mandated by 

section 328(a)(1) of the Clean Air Act 

(CAA). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources for which the State of New 

Jersey is the COA. The intended effect 

of approving the OCS requirements for 

the State of New Jersey is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. The requirements discussed 

below will be incorporated by reference 

into the Code of Federal Regulations 

and are listed in the appendix to the 

OCS air regulations. 

DATES: This final rule is effective on 

April 4, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2021–0747. All 

documents in the docket are listed on 

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

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: The 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

Table of Contents 

I. What is the background for this action? 

II. What comments were received in response 

to the EPA’s proposed action? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On November 23, 2021, EPA proposed 

to incorporate requirements into the 

OCS Air Regulations at 40 CFR part 55 1

pertaining to the State of New Jersey. 

See 86 FR 66505. Section 328(a) of the 

CAA requires that for such OCS sources 

located within 25 miles of a State’s 

seaward boundary, the requirements 

shall be the same as would be 

applicable if the sources were located in 

the corresponding onshore area (COA). 

Because the OCS requirements are based 

on onshore requirements, and onshore 

requirements may change, CAA section 

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

the OCS requirements as necessary to 

maintain consistency with onshore 

requirements. 

To comply with this statutory 

mandate, the EPA must incorporate by 

reference into part 55 all relevant state 

rules in effect for onshore sources, so 

they can be applied to OCS sources 

located offshore. This limits EPA’s 

flexibility in deciding which 

requirements will be incorporated into 

40 CFR part 55 and prevents EPA from 

making substantive changes to the 

requirements it incorporates. As a 

result, EPA may be incorporating rules 

into 40 CFR part 55 that do not conform 

to all of EPA’s state implementation 

plan (SIP) guidance or certain 

requirements of the CAA. Inclusion in 

the OCS rules does not imply that a rule 

meets the requirements of the CAA for 

SIP approval, nor does it imply that the 

rule will be approved by EPA for 

inclusion in the SIP. 

40 CFR 55.12 specifies certain times 

at which part 55’s incorporation by 

reference of a state’s rules must be 

updated. One time such a ‘‘consistency 

update’’ must occur is when any OCS 

source applicant submits a Notice of 

Intent (NOI) under 40 CFR 55.4 for a 

new or a modified OCS source. 40 CFR 

55.4(a) requires that any OCS source 

applicant must submit to EPA 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 a 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 September 14, 2021, the EPA 

received a NOI from Ocean Wind, LLC 

to submit an OCS air permit application 

for the construction and operation of a 

new OCS source (a wind energy project) 

about 15 miles offshore New Jersey. 

The EPA reviewed the New Jersey 

Department of Environmental Protection 

(‘‘NJDEP’’) air rules currently in effect, 

to ensure that they are rationally related 

to the attainment or maintenance of 

Federal and State Ambient Air Quality 

Standards (AAQS) or part C of title I of 

the CAA, that they are not designed 

expressly to prevent exploration and 

development of the OCS, and that they 

are applicable to OCS sources. See 40 

CFR 55.1. The EPA has also evaluated 

the rules to ensure they are not arbitrary 

and capricious. See 40 CFR 55.12(e). 

The EPA has excluded New Jersey’s 

administrative or procedural rules,2 and 


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11962 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

implement the substantive requirements. See 40 

CFR 55.14(c)(4). 

requirements that regulate toxics which 

are not related to the attainment and 

maintenance of Federal and State 

AAQS. 

II. What comments were received in 

response to the EPA’s proposed action? 

The EPA did not receive any 

comments on the November 23, 2021, 

proposal to update a portion of the OCS 

Air Regulations to incorporate 

requirements into 40 CFR part 55 

pertaining to the State of New Jersey. 

III. What action is the EPA taking? 

The EPA is taking final action to 

update the ‘‘New Jersey’’ section of 

Appendix A to 40 CFR part 55 to 

incorporate by reference relevant New 

Jersey air pollution control rules that are 

currently in effect. EPA is approving 

this action under section 328(a) of the 

Act, 42 U.S.C. 7627(a). 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, 

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 the 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 currently in effect, 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. 

a. Executive Order 12866, Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Orders (E.O.) 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011) and is 

therefore not subject to review under the 

E.O. 

b. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under 

PRA because this action only updates 

the state rules that are incorporated by 

reference into 40 CFR part 55, Appendix 

A. OMB has previously approved the 

information collection activities 

contained in the existing regulations at 

40 CFR part 55 and, by extension, this 

update to part 55, and has assigned 

OMB control number 2060–0249. This 

action does not impose a new 

information burden under PRA because 

this action only updates the state rules 

that are incorporated by reference into 

40 CFR part 55, Appendix A. 

c. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant impact on a substantial 

number of small entities under the RFA. 

This proposed rule does not impose any 

requirements or create impacts on small 

entities. This proposed consistency 

update under CAA section 328 will not 

create any new requirements but simply 

proposes to update the State 

requirements incorporated by reference 

into 40 CFR part 55 to match the current 

State requirements. 

d. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments as 

described in UMRA, 2 U.S.C. 1531– 

1538. The action imposes no 

enforceable duty on any state, local or 

tribal governments. 

e. Executive Order 13132, Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

f. Executive Order 13175, Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it does not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

costs on tribal governments, nor 

preempt tribal law. It merely updated 

the State law incorporated by reference 

into 40 CFR part 55 to match current 

State requirements. 

g. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern health or safety 

risks that the EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it is not an economically 

significant regulatory action based on 

health or safety risks subject to 

Executive Order 13045 and simply 

proposes to update the State 

requirements incorporated by reference 

into 40 CFR part 55 to match the current 

State requirements. 

h. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211 because it is not 

a significant regulatory action under 

Executive Order 12866. 

i. National Technology Transfer and 

Advancement Act 

This rulemaking is not subject to 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) because application of those 

requirements would be inconsistent 

with the Clean Air Act. 

j. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because it 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11963 

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. 

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 May 2, 2022. 

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 CAA 

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: February 23, 2022. 

Lisa Garcia, 

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—OUTER CONTINENTAL 

SHELF AIR REGULATIONS 

■ 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 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) * * * 

(15) * * * 

(i) * * * 

(A) State of New Jersey Requirements 

Applicable to OCS Sources, October 6, 

2021. 

* * * * * 

■ 3. Appendix A to 40 CFR part 55 is 

amended by revising the entry for ‘‘New 

Jersey’’ to read as follows: 

Appendix A to 40 CFR Part 55—Listing 

of State and Local Requirements 

Incorporated by Reference Into 40 CFR 

Part 55, by State 

* * * * * 

New Jersey 

(a) State requirements. 

(1) The following State of New Jersey 

requirements are applicable to OCS Sources, 

as of October 6, 2021. New Jersey State 

Department of Environmental Protection— 

New Jersey Administrative Code. The 

following sections of Title 7: 

Chapter 27 Subchapter 2—Control and 

Prohibition of Open Burning (Effective 6/20/ 

1994) 

N.J.A.C. 7:27–2.1. Definitions 

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

operations 

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

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

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

N.J.A.C. 7:27–2.7. Emergencies 

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

N.J.A.C. 7:27–2.12. Special permit 

N.J.A.C. 7:27–2.13. Fees 

Chapter 27 Subchapter 3—Control and 

Prohibition of Smoke From Combustion of 

Fuel (Effective 2/4/2002) 

N.J.A.C. 7:27–3.1. Definitions 

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

stationary indirect heat exchangers 

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

marine installations 

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

combustion of fuel in mobile sources 

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

stationary internal combustion engines 

and stationary turbine engines 

N.J.A.C. 7:27–3.6. Stack test 

N.J.A.C. 7:27–3.7. Exceptions 

Chapter 27 Subchapter 4—Control and 

Prohibition of Particles From Combustion of 

Fuel (Effective 4/20/2009) 

N.J.A.C. 7:27–4.1. Definitions 

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

of particles 

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

N.J.A.C. 7:27–4.4. Emissions tests 

N.J.A.C. 7:27–4.6. Exceptions 

Chapter 27 Subchapter 5—Prohibition of Air 

Pollution (Effective 10/12/1977) 

N.J.A.C. 7:27–5.1. Definitions 

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

Chapter 27 Subchapter 6—Control and 

Prohibition of Particles From Manufacturing 

Processes (Effective 6/12/1998) 

N.J.A.C. 7:27–6.1. Definitions 

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

of particles 

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

N.J.A.C. 7:27–6.4. Emissions tests 

N.J.A.C. 7:27–6.5. Variances 

N.J.A.C. 7:27–6.7. Exceptions 

Chapter 27 Subchapter 7—Sulfur (Effective 

11/6/2017) 

N.J.A.C. 7:27–7.1. Definitions 

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

air pollution from sulfur compounds 

Chapter 27 Subchapter 8—Permits and 

Certificates for Minor Facilities (and Major 

Facilities Without an Operating Permit) 

(Effective 4/6/2020) 

N.J.A.C. 7:27–8.1. Definitions 

N.J.A.C. 7:27–8.2. Applicability 

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

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

submit a notice, or renew 

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

N.J.A.C. 7:27–8.6. Service fees 

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

N.J.A.C. 7:27–8.8. General permits 

N.J.A.C. 7:27–8.9. Environmental 

improvement pilot tests 

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

permit 

N.J.A.C. 7:27–8.12. State of the art 

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

N.J.A.C. 7:27–8.14. Denials 

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

N.J.A.C. 7:27–8.16. Revocation 

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

permits and certificates 

N.J.A.C. 7:27–8.18. Permit revisions 

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

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

N.J.A.C. 7:27–8.21. Amendments 

N.J.A.C. 7:27–8.23. Reconstruction 

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

construction but not operation 

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

pollution control equipment or pollution 

prevention process modifications 

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

permit provisions 

Appendix 1 

Chapter 27 Subchapter 9—Sulfur in Fuels 

(Effective 9/20/2010) 

N.J.A.C. 7:27–9.1. Definitions 

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

N.J.A.C. 7:27–9.3. Exemptions 

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

modeling 

Chapter 27 Subchapter 10—Sulfur in Solid 

Fuels (Effective 9/6/2011) 

N.J.A.C. 7:27–10.1. Definitions 

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

N.J.A.C. 7:27–10.3. Expansion, 

reconstruction, or construction of solid 

fuel burning units 


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11964 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

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 

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 11/2/2020) 

N.J.A.C. 7:27–22.1. Definitions 

N.J.A.C. 7:27–22.2. Applicability 

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

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

procedures 

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

for initial operating permits 

N.J.A.C. 7:27–22.6. Operating permit 

application contents 

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

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

modeling and risk assessment 

N.J.A.C. 7:27–22.9. Compliance plans 

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

N.J.A.C. 7:27–22.11. Public comment 

N.J.A.C. 7:27–22.12. EPA comment 

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

application 

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

permits 

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

operating permits 

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

contents 

N.J.A.C. 7:27–22.17. Permit shield 

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

and monitoring 

N.J.A.C. 7:27–22.19. Recordkeeping, 

reporting and compliance certification 

N.J.A.C. 7:27–22.20. Administrative 

amendments 

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

source operations 

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

changes 

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

N.J.A.C. 7:27–22.24. Significant 

modifications 

N.J.A.C. 7:27–22.24A. Reconstruction 

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

operating permit modifications 

N.J.A.C. 7:27–22.26. MACT and GACT 

standards 

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

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

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

emissions averaging programs 

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

deposition control 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11965 

N.J.A.C. 7:27–22.30. Renewals 

N.J.A.C. 7:27–22.31. Fees 

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

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

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

emissions 

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

air pollution 

Appendix 

Table A 

Chapter 27B Subchapter 1—Sampling and 

Analytical Procedures for Determining 

Emissions of Particles From Manufacturing 

Processes and From Combustion of Fuels 

(Effective 6/21/1976) 

N.J.A.C. 7:27B–1.1. Definitions 

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

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

during the test 

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

provided by the person responsible for 

emissions 

N.J.A.C. 7:27B–1.5. Sampling train 

N.J.A.C. 7:27B–1.6. Performance test 

principle 

N.J.A.C. 7:27B–1.7. General testing 

requirements 

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

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

N.J.A.C. 7:27B–1.10. Sampling 

N.J.A.C. 7:27B–1.11. Sample recovery 

N.J.A.C. 7:27B–1.12. Analysis 

N.J.A.C. 7:27B–1.13. Calculations 

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

Chapter 27B Subchapter 2—Procedures for 

Visual Determination of the Opacity 

(Percent) and Shade or Appearance 

(Ringelmann Number) of Emissions From 

Sources (Effective 6/21/1976) 

N.J.A.C. 7:27B–2.1. Definitions 

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

methods 

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

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

requirements 

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

data 

N.J.A.C. 7:27B–2.6. Certification 

References 

Appendix 

Chapter 27B Subchapter 3—Air Test Method 

3: Sampling and Analytical Procedures for 

the Determination of Volatile Organic 

Compounds From Source Operations 

(Effective 12/1/2008) 

N.J.A.C. 7:27B–3.1. Definitions 

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

protocol: Acceptable test methods 

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

during the test 

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

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

applicable test methods 

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

determinations of vapor pressures of a 

single known VOC or mixtures of known 

and/or unknown VOC 

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

measurement of volatile organic 

compounds using a flame ionization 

detector (FID), a photoionization detector 

(PID) or a non-dispersive infrared 

analyzer (NDIR) 

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

measurement of volatile organic 

compounds using a gas chromatograph 

(GC) with a flame ionization detector 

(FID) or other suitable detector 

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

sampling and remote analysis of known 

volatile organic compounds using a gas 

chromatograph (GC) with a flame 

ionization detector (FID) or other 

suitable detector 

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

determination of volatile organic 

compounds in surface coating 

formulations 

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

determination of volatile organic 

compounds emitted from transfer 

operations using a flame ionization 

detector (FID) or non-dispersive infrared 

analyzer (NDIR) 

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

determination of volatile organic 

compounds in cutback and emulsified 

asphalts 

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

determination of leak tightness of 

gasoline delivery vessels 

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

detection of fugitive volatile organic 

compound leaks 

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

detection of fugitive volatile organic 

compound leaks from gasoline tank 

trucks and vapor collection systems 

using a combustible gas detector 

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

sources incorporated by reference. 

* * * * * 

[FR Doc. 2022–04271 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0292; FRL–9420–01– 

OCSPP] 

Polyammonium Bisulfate; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Polyammonium 

bisulfate (PABS) (CAS Reg. No. 10043– 

02–4), herein referred to as PABS, when 

used as an inert ingredient (carrier, 

adjuvant, buffer and stabilizer) in/on 

growing crops and raw agricultural 

commodities pre- and post-harvest, 

limited to 40% in pesticide nonresidential formulations and 5% in 

pesticide formulations for residential 

use. An exemption is also established 

for its use in antimicrobial formulations 

applied to food-contact surfaces in 

public eating places, dairy-processing 

equipment, food-processing equipment 

and utensils, limited to 250 parts per 

million (ppm). Spring Regulatory 

Sciences on behalf of Earth Science 

Laboratories, Inc., submitted a petition 

to EPA under the Federal Food, Drug, 

and Cosmetic Act (FFDCA), requesting 

the establishment of exemptions from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of PABS. 

DATES: This regulation is effective 

March 3, 2022. Objections and requests 

for hearings must be received on or 

before May 2, 2022, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0292, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. 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 OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echevarria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. 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: 


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