83_FR_30174 83 FR 30050 - Outer Continental Shelf Air Regulations Update To Include New Jersey State Requirements

83 FR 30050 - Outer Continental Shelf Air Regulations Update To Include New Jersey State Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range30050-30054
FR Document2018-13577

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.

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30050-30054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13577]



[[Page 30050]]

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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.

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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.
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    \1\ The reader may refer to the Proposed Rulemaking, December 5, 
1991 (56 FR 63774), and the preamble to the final rule promulgated 
September 4, 1992 (57 FR 40792) for further background and 
information on the OCS regulations.
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    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.
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    \2\ Each COA, which has been delegated the authority to 
implement and enforce part 55, will use its administrative and 
procedural rules as onshore. However, in those instances where EPA 
has not delegated authority to implement and enforce part 55, as in 
New Jersey, EPA will use its own administrative and procedural 
requirements to implement the substantive requirements. See 40 CFR 
55.14(c)(4).
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    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

[[Page 30051]]

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]

0
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.


0
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:


Sec.  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) * * *

[[Page 30052]]

    (A) State of New Jersey Requirements Applicable to OCS Sources, 
January 16, 2018.
* * * * *

0
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 facility-specific VOC control 
requirements
N.J.A.C. 7:27-16.18. Leak detection and repair
N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts
N.J.A.C. 7:27-16.21. Natural gas pipelines
N.J.A.C. 7:27-16.22. Emission information, record keeping and 
testing
N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance
N.J.A.C. 7:27-16.27. Exceptions
Appendix I
Appendix II

Chapter 27 Subchapter 18--Control and Prohibition of Air Pollution From 
New or Altered Sources Affecting Ambient Air Quality (Emission Offset 
Rules) (Effective 11/6/2017)

N.J.A.C. 7:27-18.1. Definitions
N.J.A.C. 7:27-18.2. Facilities subject to this subchapter
N.J.A.C. 7:27-18.3. Standards for issuance of permits
N.J.A.C. 7:27-18.4. Air quality impact analysis
N.J.A.C. 7:27-18.5. Standards for use of emission reductions as 
emission offsets
N.J.A.C. 7:27-18.6. Emission offset postponement
N.J.A.C. 7:27-18.7. Determination of a net emission increase or a 
significant net emission increase
N.J.A.C. 7:27-18.8. Banking of emission reductions

[[Page 30053]]

N.J.A.C. 7:27-18.9. Secondary emissions
N.J.A.C. 7:27-18.10. Exemptions
N.J.A.C. 7:27-18.12. Civil or criminal penalties for failure to 
comply

Chapter 27 Subchapter 19--Control and Prohibition of Air Pollution From 
Oxides of Nitrogen (Effective 1/16/2018)

N.J.A.C. 7:27-19.1. Definitions
N.J.A.C. 7:27-19.2. Purpose, scope and applicability
N.J.A.C. 7:27-19.3. General provisions
N.J.A.C. 7:27-19.4. Boilers serving electric generating units
N.J.A.C. 7:27-19.5. Stationary combustion turbines
N.J.A.C. 7:27-19.6. Emissions averaging
N.J.A.C. 7:27-19.7. Industrial/commercial/institutional boilers and 
other indirect heat exchangers
N.J.A.C. 7:27-19.8. Stationary reciprocating engines
N.J.A.C. 7:27-19.11. Emergency generators--recordkeeping
N.J.A.C. 7:27-19.13. Alternative and facility-specific 
NOX emission limits
N.J.A.C. 7:27-19.14. Procedures for obtaining approvals under this 
subchapter
N.J.A.C. 7:27-19.15. Procedures and deadlines for demonstrating 
compliance
N.J.A.C. 7:27-19.16. Adjusting combustion processes
N.J.A.C. 7:27-19.17. Source emissions testing
N.J.A.C. 7:27-19.18. Continuous emissions monitoring
N.J.A.C. 7:27-19.19. Recordkeeping and recording
N.J.A.C. 7:27-19.20. Fuel switching
N.J.A.C. 7:27-19.21. Phased compliance--repowering
N.J.A.C. 7:27-19.23. Phased compliance--use of innovative control 
technology
N.J.A.C. 7:27-19.25. Exemption for emergency use of fuel oil
N.J.A.C. 7:27-19.26. Penalties

Chapter 27 Subchapter 20--Used Oil Combustion (Effective 9/6/2011)

N.J.A.C. 7:27-20.1. Definitions
N.J.A.C. 7:27-20.2. General provisions
N.J.A.C. 7:27-20.3. Burning of on-specification used oil in space 
heaters covered by a registration
N.J.A.C. 7:27-20.4. Burning of on-specification used oil in space 
heaters covered by a permit
N.J.A.C. 7:27-20.5. Demonstration that used oil is on-specification
N.J.A.C. 7:27-20.6. Burning of on-specification oil in other 
combustion units
N.J.A.C. 7:27-20.7. Burning of off-specification used oil
N.J.A.C. 7:27-20.8. Ash standard
N.J.A.C. 7:27-20.9. Exception

Chapter 27 Subchapter 21--Emission Statements (Effective 1/16/2018)

N.J.A.C. 7:27-21.1. Definitions
N.J.A.C. 7:27-21.2. Applicability
N.J.A.C. 7:27-21.3. General provisions
N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement
N.J.A.C. 7:27-21.5. Required contents of an emission statement
N.J.A.C. 7:27-21.6. Methods to be used for quantifying actual 
emissions
N.J.A.C. 7:27-21.7. Recordkeeping requirements
N.J.A.C. 7:27-21.8. Certification of information
N.J.A.C. 7:27-21.9. Request for extensions
N.J.A.C. 7:27-21.10. Determination of non-applicability
N.J.A.C. 7:27-21.11. Severability
Appendix 1

Chapter 27 Subchapter 22--Operating Permits (Effective 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

[[Page 30054]]

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



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

                                              ENVIRONMENTAL PROTECTION                                II. Public Comments and EPA Responses                  exploration and development of the
                                              AGENCY                                                  III. EPA Action                                        OCS, and that they are applicable to
                                                                                                      IV. Incorporation by Reference                         OCS sources. 40 CFR 55.1. The EPA has
                                              40 CFR Part 55                                          V. Statutory and Executive Order Reviews               also evaluated the rules to ensure they
                                              [EPA–R02–OAR–2017–0723; FRL–9977–                       I. Proposed Action                                     are not arbitrary and capricious. 40 CFR
                                              64—Region 2]                                               On February 13, 2018 (83 FR 6136),                  55.12(e). The EPA has excluded New
                                                                                                      EPA proposed to incorporate                            Jersey’s administrative or procedural
                                              Outer Continental Shelf Air                             requirements into the OCS Air                          rules,2 and requirements that regulate
                                              Regulations Update To Include New                       Regulations at 40 CFR part 55 1                        toxics which are not related to the
                                              Jersey State Requirements                               pertaining to the State of New Jersey.                 attainment and maintenance of Federal
                                                                                                      Section 328(a) of the CAA requires that                and State AAQS.
                                              AGENCY:  Environmental Protection
                                              Agency (EPA).                                           for such sources located within 25 miles                  To comply with the statutory mandate
                                                                                                      of a State’s seaward boundary, the                     of Section 328(a) of the CAA, the EPA
                                              ACTION: Final rule.
                                                                                                      requirements shall be the same as would                must incorporate by reference
                                              SUMMARY:    The Environmental Protection                be applicable if the sources were located              applicable rules in effect for onshore
                                              Agency (EPA) is finalizing the update of                in the corresponding onshore area                      sources into part 55. This limits EPA’s
                                              the Outer Continental Shelf (OCS) Air                   (COA). Because the OCS requirements                    flexibility in deciding which
                                              Regulations proposed in the Federal                     are based on onshore requirements, and                 requirements will be incorporated into
                                              Register on February 13, 2018.                          onshore requirements may change,                       40 CFR part 55 and prevents EPA from
                                              Requirements applying to OCS sources                    section 328(a)(1) requires that the EPA                making substantive changes to the
                                              located within 25 miles of states’                      update the OCS requirements as                         requirements it incorporates. As a
                                              seaward boundaries must be updated                      necessary to maintain consistency with                 result, EPA may be incorporating rules
                                              periodically to remain consistent with                  onshore requirements.                                  into 40 CFR part 55 that do not conform
                                              the requirements for the corresponding                     To comply with the statutory mandate                to all of EPA’s state implementation
                                              onshore area (COA), which is typically                  of Section 328(a)(1) of the CAA, the EPA               plan (SIP) guidance or certain
                                              the state geographically closest to the                 must incorporate by reference all                      requirements of the CAA. Inclusion in
                                              OCS source. The portion of the OCS air                  relevant state rules into part 55 so they              the OCS rule does not imply that a rule
                                              regulations that is being updated                       can be applied to OCS sources located                  meets the requirements of the CAA for
                                              pertains to the requirements for OCS                    offshore. 40 CFR 55.12 specifies certain               SIP approval, nor does it imply that the
                                              sources for which the State of New                      times at which part 55’s incorporation                 rule will be approved by EPA for
                                              Jersey is the COA. The intended effect                  by reference of a state’s rules must be                inclusion in the SIP.
                                              of approving the updated OCS                            updated. One such time a consistency                   II. Public Comments and EPA
                                              requirements for the State of New Jersey                update must occur is when any OCS                      Responses
                                              is to regulate emissions from OCS                       source applicant submits a Notice of
                                              sources in accordance with the                          Intent (NOI) under 40 CFR 55.4 for a                     EPA’s proposed action provided a 30-
                                              requirements onshore. The requirements                  new or a modified OCS source. 40 CFR                   day public comment period, which
                                              discussed below are incorporated by                     55.4(a) requires that any OCS source                   closed on March 15, 2018. During this
                                              reference into the Code of Federal                      applicant must submit to EPA a NOI                     period, we received 12 public
                                              Regulations and are listed in the                       before performing any physical change                  comments. None of the comments are
                                              appendix to the OCS air regulations.                    or change in method of operation that                  relevant to today’s action, which simply
                                              DATES: Effective Date: This rule is                     results in an increase in emissions. EPA               incorporates by reference current New
                                              effective on July 27, 2018.                             must conduct any necessary consistency                 Jersey air pollution control rules into
                                                 The incorporation by reference of                    update when it receives an NOI, and                    the OCS regulations applicable to all
                                              certain publications listed in this rule is             prior to receiving any application for a               OCS sources and makes no findings
                                              approved by the Director of the Federal                 preconstruction permit from the OCS                    regarding any specific OCS source.
                                              Register as of July 27, 2018.                           source applicant. 40 CFR 55.6(b)(2) and                Thus, no EPA response to public
                                              ADDRESSES: EPA has established a
                                                                                                      55.12(f).                                              comments is warranted.
                                                                                                         On December 21, 2017, the EPA
                                              docket for this action under Docket ID                                                                         III. EPA Action
                                                                                                      received a NOI for a new OCS source off
                                              Number EPA–R02–OAR–2017–0723.
                                                                                                      the coast of New Jersey. In today’s                      In this document, EPA is taking final
                                              The index to the docket is available
                                                                                                      action, the EPA is updating the ‘‘New                  action to incorporate the proposed
                                              electronically at http://
                                                                                                      Jersey’’ section of Appendix A to 40                   changes into 40 CFR part 55. EPA is
                                              www.regulations.gov and in hard copy
                                                                                                      CFR part 55 to incorporate by reference                approving this action under section
                                              at EPA Region 2, 290 Broadway, New
                                                                                                      the relevant New Jersey air pollution                  328(a)(1) of the Act, 42 U.S.C. 7627.
                                              York, New York 10007.
                                                                                                      control rules that are currently in effect.            Section 328(a) of the Act requires that
                                              FOR FURTHER INFORMATION CONTACT:                           EPA has evaluated the proposed
                                              Viorica Petriman, Air Programs Branch,                                                                         EPA establish requirements to control
                                                                                                      regulations to ensure that they are
                                              Permitting Section, U.S. Environmental                                                                         air pollution from OCS sources located
                                                                                                      rationally related to the attainment or
                                              Protection Agency, Region 2, 290                                                                               within 25 miles of States’ seaward
                                                                                                      maintenance of Federal or state ambient
                                              Broadway, New York, New York 10007,                                                                            boundaries that are the same as onshore
                                                                                                      air quality standards (AAQS) or part C
                                              (212) 637–4021, petriman.viorica@                       of title I of the Act, that they are not
                                              epa.gov.                                                                                                         2 Each COA, which has been delegated the
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                                                                                                      designed expressly to prevent                          authority to implement and enforce part 55, will
                                              SUPPLEMENTARY INFORMATION:                                                                                     use its administrative and procedural rules as
                                              Throughout this document, the terms                       1 The reader may refer to the Proposed               onshore. However, in those instances where EPA
                                              ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.           Rulemaking, December 5, 1991 (56 FR 63774), and        has not delegated authority to implement and
                                                                                                      the preamble to the final rule promulgated             enforce part 55, as in New Jersey, EPA will use its
                                              Table of Contents                                       September 4, 1992 (57 FR 40792) for further            own administrative and procedural requirements to
                                                                                                      background and information on the OCS                  implement the substantive requirements. See 40
                                              I. Proposed Action                                      regulations.                                           CFR 55.14(c)(4).



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                                                               Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations                                            30051

                                              requirements. To comply with this                          • Does not have Federalism                          and shall not postpone the effectiveness
                                              statutory mandate, the EPA must                         implications as specified in Executive                 of such rule or action. This action may
                                              incorporate applicable onshore rules                    Order 13132 (64 FR 43255, August 10,                   not be challenged later in proceedings to
                                              into 40 CFR part 55 as they exist                       1999);                                                 enforce its requirements. (See section
                                              onshore.                                                   • Is not an economically significant                307(b)(2).)
                                                                                                      regulatory action based on health or
                                              IV. Incorporation by Reference                          safety risks subject to Executive Order                List of Subjects in 40 CFR Part 55
                                                In this rule, the EPA is finalizing                   13045 (62 FR 19885, April 23, 1997);                     Environmental protection,
                                              regulatory text that includes                              • Is not a significant regulatory action            Administrative practice and procedures,
                                              incorporation by reference. In                          subject to Executive Order 13211 (66 FR                Air pollution control, Hydrocarbons,
                                              accordance with requirements of 1 CFR                   28355, May 22, 2001);                                  Incorporation by reference,
                                              51.5, the EPA is finalizing the                            • Is not subject to requirements of                 Intergovernmental relations, Nitrogen
                                              incorporation by reference of the NJDEP                 Section 12(d) of the National
                                                                                                                                                             dioxide, Nitrogen oxides, Outer
                                              air rules that are applicable to OCS                    Technology Transfer and Advancement
                                                                                                                                                             Continental Shelf, Ozone, Particulate
                                              sources and which are described in the                  Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                             matter, Permits, Reporting and
                                              amendments to 40 CFR part 55 set forth                  application of those requirements would
                                                                                                                                                             recordkeeping requirements, Sulfur
                                              below. The EPA has made, and will                       be inconsistent with the Clean Air Act;
                                                                                                                                                             oxides.
                                              continue to make, these documents                       and
                                              available through www.regulations.gov                      • Does not provide the EPA with the                   Dated: April 19, 2018.
                                              and at the EPA Region 2 Office. Please                  discretionary authority to address, as                 Peter D. Lopez,
                                                                                                      appropriate, disproportionate human                    Regional Administrator, Region 2.
                                              contact the person identified in the FOR
                                                                                                      health or environmental effects, using
                                              FURTHER INFORMATION CONTACT section of                                                                           For the reasons set out in the
                                                                                                      practicable and legally permissible
                                              this preamble for more information.                                                                            preamble, title 40 of the Code of Federal
                                                                                                      methods, under Executive Order 12898
                                              V. Statutory and Executive Order                        (59 FR 7629, February 16, 1994).                       Regulations, part 55, is amended as
                                              Reviews                                                    In addition, this final rule does not               follows:
                                                                                                      have tribal implications as specified by
                                                 Under the Clean Air Act, the                         Executive Order 13175 (65 FR 67249,                    PART 55—[AMENDED]
                                              Administrator is required to establish                  November 9, 2000), because it does not
                                              requirements to control air pollution                   have a substantial direct effect on one or             ■ 1. The authority citation for part 55
                                              from OCS sources located within 25                      more Indian tribes, on the relationship                continues to read as follows:
                                              miles of states’ seaward boundaries that                between the Federal Government and                       Authority: Section 328 of the Clean Air Act
                                              are the same as onshore air control                     Indian tribes, or on the distribution of               (42 U.S.C. 7401, et seq.) as amended by
                                              requirements. To comply with this                       power and responsibilities between the                 Public Law 101–549.
                                              statutory mandate, the EPA must                         Federal Government and Indian tribes,
                                              incorporate applicable onshore rules                                                                           ■ 2. Section 55.14 is amended by
                                                                                                      nor does it impose substantial direct                  revising the sixth sentence in paragraph
                                              into part 55 as they exist onshore. 42                  costs on tribal governments, nor
                                              U.S.C. 7627(a)(1); 40 CFR 55.12. Thus,                                                                         (e) introductory text and paragraph
                                                                                                      preempt tribal law.                                    (e)(15)(i)(A) to read as follows:
                                              in promulgating OCS consistency                            The Congressional Review Act, 5
                                              updates, the EPA’s role is to maintain                  U.S.C. 801 et seq., as added by the Small              § 55.14 Requirements that apply to OCS
                                              consistency between OCS regulations                     Business Regulatory Enforcement                        sources located within 25 miles of States’
                                              and the regulations of onshore areas,                   Fairness Act of 1996, generally provides               seaward boundaries, by State.
                                              provided that they meet the criteria of                 that before a rule may take effect, the                *     *     *     *     *
                                              the Clean Air Act. Accordingly, this                    agency promulgating the rule must
                                              action simply updates the existing OCS                                                                           (e) * * * Copies of rules pertaining to
                                                                                                      submit a rule report, which includes a                 particular states or local areas may be
                                              requirements to make them consistent                    copy of the rule, to each House of the
                                              with requirements onshore, without the                                                                         inspected or obtained from the EPA
                                                                                                      Congress and to the Comptroller General                Docket Center—Public Reading Room,
                                              exercise of any policy discretion by the                of the United States. EPA will submit a
                                              EPA. For that reason, this action:                                                                             EPA West Building, Room 3334, 1301
                                                                                                      report containing this action and other                Constitution Avenue NW, Washington,
                                                 • Is not a ‘‘significant regulatory                  required information to the U.S. Senate,               DC 20004 or the appropriate EPA
                                              action’’ subject to review by the Office                the U.S. House of Representatives, and                 regional offices: U.S. EPA, Region 1
                                              of Management and Budget under                          the Comptroller General of the United                  (Massachusetts), One Congress Street,
                                              Executive Order 12866 (58 FR 51735,                     States prior to publication of the rule in             Boston, MA 02114–2023; U.S. EPA,
                                              October 4, 1993); and 13563 (76 FR                      the Federal Register. A major rule                     Region 2 (New Jersey and New York),
                                              3821, January 21, 2011);                                cannot take effect until 60 days after it              290 Broadway, New York, NY 10007–
                                                 • Does not impose an information                     is published in the Federal Register.                  1866; U.S. EPA, Region 3 (Delaware),
                                              collection burden under the provisions                  This action is not a ‘‘major rule’’ as                 1650 Arch Street, Philadelphia, PA
                                              of the Paperwork Reduction Act (44                      defined by 5 U.S.C. 804(2).                            19103, (215) 814–5000; U.S. EPA,
                                              U.S.C. 3501 et seq.);                                      Under section 307(b)(1) of the Clean                Region 4 (Florida and North Carolina),
                                                 • Is certified as not having a                       Air Act, petitions for judicial review of              61 Forsyth Street, Atlanta, GA 30303;
                                              significant economic impact on a                        this action must be filed in the United                U.S. EPA, Region 9 (California), 75
                                              substantial number of small entities                    States Court of Appeals for the                        Hawthorne Street, San Francisco, CA
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                                              under the Regulatory Flexibility Act (5                 appropriate circuit by August 27, 2018.                94105; and U.S. EPA, Region 10
                                              U.S.C. 601 et seq.);                                    Filing a petition for reconsideration by               (Alaska), 1200 Sixth Avenue, Seattle,
                                                 • Does not contain any unfunded                      the Administrator of this final rule does              WA 98101. * * *
                                              mandate or significantly or uniquely                    not affect the finality of this action for
                                              affect small governments, as described                  the purposes of judicial review nor does               *     *     *     *     *
                                              in the Unfunded Mandate Reform Act of                   it extend the time within which a                        (15) * * *
                                              1995 (Pub. L. 04–4);                                    petition for judicial review may be filed,               (i) * * *


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                                              30052            Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations

                                                (A) State of New Jersey Requirements                  N.J.A.C. 7:27–6.4. Emissions tests                      Chapter 27 Subchapter 12—Prevention and
                                              Applicable to OCS Sources, January 16,                  N.J.A.C. 7:27–6.5. Variances                            Control of Air Pollution Emergencies
                                              2018.                                                   N.J.A.C. 7:27–6.7. Exceptions                           (Effective 5/20/1974)
                                              *     *    *     *    *                                 Chapter 27        Subchapter 7—Sulfur (Effective        N.J.A.C. 7:27–12.1. Definitions
                                                                                                      11/6/2017)                                              N.J.A.C. 7:27–12.2. Emergency criteria
                                              ■ 3. Appendix A to part 55 is amended                                                                           N.J.A.C. 7:27–12.3. Criteria for emergency
                                              by revising paragraph (a)(1) under the                  N.J.A.C. 7:27–7.1. Definitions                               termination
                                              heading ‘‘New Jersey’’ to read as                       N.J.A.C. 7:27–7.2. Control and prohibition of           N.J.A.C. 7:27–12.4. Standby plans
                                              follows:                                                    air pollution from sulfur compounds                 N.J.A.C. 7:27–12.5. Standby orders
                                                                                                      Chapter 27 Subchapter 8—Permits and                     Table I Emission Reduction Objectives
                                              Appendix A to Part 55—Listing of State                                                                          Table II Emission Reduction Objectives
                                                                                                      Certificates for Minor Facilities (and Major
                                              and Local Requirements Incorporated                                                                             Table III Emission Reduction Objectives
                                                                                                      Facilities Without an Operating Permit)
                                              by Reference Into Part 55, by State                     (Effective 1/16/2018)                                   Chapter 27 Subchapter 16—Control and
                                              *      *     *       *      *                           N.J.A.C. 7:27–8.1. Definitions                          Prohibition of Air Pollution by Volatile
                                              NEW JERSEY                                              N.J.A.C. 7:27–8.2. Applicability                        Organic Compounds (Effective 1/16/2018)
                                                                                                      N.J.A.C. 7:27–8.3. General provisions                   N.J.A.C. 7:27–16.1. Definitions
                                                (a) * * *
                                                (1) The following State of New Jersey                 N.J.A.C. 7:27–8.4. How to apply, register,              N.J.A.C. 7:27–16.1A. Purpose, scope,
                                              requirements are applicable to OCS Sources,                 submit a notice, or renew                               applicability, and severability
                                              as of January 16, 2018. New Jersey State                N.J.A.C. 7:27–8.5. Air quality impact analysis          N.J.A.C. 7:27–16.2. VOC stationary storage
                                                                                                      N.J.A.C. 7:27–8.6. Service fees                             tanks
                                              Department of Environmental Protection—
                                                                                                      N.J.A.C. 7:27–8.7. Operating certificates               N.J.A.C. 7:27–16.3. Gasoline transfer
                                              New Jersey Administrative Code. The
                                                                                                      N.J.A.C. 7:27–8.8. General permits                          operations
                                              following sections of Title 7:
                                                                                                      N.J.A.C. 7:27–8.9. Environmental                        N.J.A.C. 7:27–16.4. VOC transfer operations,
                                              Chapter 27 Subchapter 2—Control and                         improvement pilot tests                                 other than gasoline
                                              Prohibition of Open Burning (Effective                  N.J.A.C. 7:27–8.11. Standards for issuing a             N.J.A.C. 7:27–16.5. Marine tank vessel
                                              6/20/1994)                                                  permit                                                  loading and ballasting operations
                                                                                                      N.J.A.C. 7:27–8.12. State of the art                    N.J.A.C. 7:27–16.6. Open top tanks and
                                              N.J.A.C. 7:27–2.1. Definitions
                                                                                                      N.J.A.C. 7:27–8.13. Conditions of approval                  solvent cleaning operations
                                              N.J.A.C. 7:27–2.2. Open burning for salvage
                                                                                                      N.J.A.C. 7:27–8.14. Denials                             N.J.A.C. 7:27–16.7. Surface coating and
                                                  operations                                                                                                      graphic arts operations
                                              N.J.A.C. 7:27–2.3. Open burning of refuse               N.J.A.C. 7:27–8.15. Reporting requirements
                                                                                                      N.J.A.C. 7:27–8.16. Revocation                          N.J.A.C. 7:27–16.8. Boilers
                                              N.J.A.C. 7:27–2.4. General provisions                                                                           N.J.A.C. 7:27–16.9. Stationary combustion
                                              N.J.A.C. 7:27–2.6. Prescribed burning                   N.J.A.C. 7:27–8.17. Changes to existing
                                                                                                                                                                  turbines
                                              N.J.A.C. 7:27–2.7. Emergencies                              permits and certificates
                                                                                                                                                              N.J.A.C. 7:27–16.10. Stationary reciprocating
                                              N.J.A.C. 7:27–2.8. Dangerous material                   N.J.A.C. 7:27–8.18. Permit revisions
                                                                                                                                                                  engines
                                              N.J.A.C. 7:27–2.12. Special permit                      N.J.A.C. 7:27–8.19. Compliance plan changes
                                                                                                                                                              N.J.A.C. 7:27–16.12. Surface coating
                                              N.J.A.C. 7:27–2.13. Fees                                N.J.A.C. 7:27–8.20. Seven-day notice changes                operations at mobile equipment repair
                                                                                                      N.J.A.C. 7:27–8.21. Amendments                              and refinishing facilities
                                              Chapter 27 Subchapter 3—Control and                     N.J.A.C. 7:27–8.23. Reconstruction
                                              Prohibition of Smoke From Combustion of                                                                         N.J.A.C. 7:27–16.13. Flares
                                                                                                      N.J.A.C. 7:27–8.24. Special provisions for              N.J.A.C. 7:27–16.16. Other source operations
                                              Fuel (Effective 2/4/2002)                                   construction but not operation                      N.J.A.C. 7:27–16.17. Alternative and facility-
                                              N.J.A.C. 7:27–3.1. Definitions                          N.J.A.C. 7:27–8.25. Special provisions for                  specific VOC control requirements
                                              N.J.A.C. 7:27–3.2. Smoke emissions from                     pollution control equipment or pollution            N.J.A.C. 7:27–16.18. Leak detection and
                                                  stationary indirect heat exchangers                     prevention process modifications                        repair
                                              N.J.A.C. 7:27–3.3. Smoke emissions from                 N.J.A.C. 7:27–8.27. Special facility-wide               N.J.A.C. 7:27–16.19. Application of cutback
                                                  marine installations                                    permit provisions                                       and emulsified asphalts
                                              N.J.A.C. 7:27–3.4. Smoke emissions from the             Appendix 1                                              N.J.A.C. 7:27–16.21. Natural gas pipelines
                                                  combustion of fuel in mobile sources                                                                        N.J.A.C. 7:27–16.22. Emission information,
                                                                                                      Chapter 27 Subchapter 9—Sulfur in Fuels
                                              N.J.A.C. 7:27–3.5. Smoke emissions from                                                                             record keeping and testing
                                                                                                      (Effective 9/20/2010)
                                                  stationary internal combustion engines                                                                      N.J.A.C. 7:27–16.23. Procedures for
                                                  and stationary turbine engines                      N.J.A.C. 7:27–9.1. Definitions                              demonstrating compliance
                                              N.J.A.C. 7:27–3.6. Stack test                           N.J.A.C. 7:27–9.2. Sulfur content standards             N.J.A.C. 7:27–16.27. Exceptions
                                              N.J.A.C. 7:27–3.7. Exceptions                           N.J.A.C. 7:27–9.3. Exemptions                           Appendix I
                                                                                                      N.J.A.C. 7:27–9.4. Waiver of air quality                Appendix II
                                              Chapter 27 Subchapter 4—Control and                          modeling
                                              Prohibition of Particles From Combustion of                                                                     Chapter 27 Subchapter 18—Control and
                                              Fuel (Effective 4/20/2009)                              Chapter 27 Subchapter 10—Sulfur in Solid                Prohibition of Air Pollution From New or
                                                                                                      Fuels (Effective 9/6/2011)                              Altered Sources Affecting Ambient Air
                                              N.J.A.C. 7:27–4.1. Definitions
                                              N.J.A.C. 7:27–4.2. Standards for the emission           N.J.A.C. 7:27–10.1. Definitions                         Quality (Emission Offset Rules) (Effective 11/
                                                  of particles                                        N.J.A.C. 7:27–10.2. Sulfur contents standards           6/2017)
                                              N.J.A.C. 7:27–4.3. Performance test principle           N.J.A.C. 7:27–10.3. Expansion, reconstruction           N.J.A.C. 7:27–18.1. Definitions
                                              N.J.A.C. 7:27–4.4. Emissions tests                          or construction of solid fuel burning               N.J.A.C. 7:27–18.2. Facilities subject to this
                                              N.J.A.C. 7:27–4.6. Exceptions                               units                                                   subchapter
                                                                                                      N.J.A.C. 7:27–10.4. Exemptions                          N.J.A.C. 7:27–18.3. Standards for issuance of
                                              Chapter 27 Subchapter 5—Prohibition of                  N.J.A.C. 7:27–10.5. SO2 emission rate                       permits
                                              Air Pollution (Effective 10/12/1977)                        determinations                                      N.J.A.C. 7:27–18.4. Air quality impact
                                              N.J.A.C. 7:27–5.1. Definitions                                                                                      analysis
                                                                                                      Chapter 27 Subchapter 11—Incinerators                   N.J.A.C. 7:27–18.5. Standards for use of
                                              N.J.A.C. 7:27–5.2. General provisions
                                                                                                      (Effective 5/4/1998)
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                                                                                                                                                                  emission reductions as emission offsets
                                              Chapter 27 Subchapter 6—Control and                     N.J.A.C. 7:27–11.1. Definitions                         N.J.A.C. 7:27–18.6. Emission offset
                                              Prohibition of Particles From Manufacturing             N.J.A.C. 7:27–11.2. Construction standards                  postponement
                                              Processes (Effective 6/12/1998)                         N.J.A.C. 7:27–11.3. Emission standards                  N.J.A.C. 7:27–18.7. Determination of a net
                                              N.J.A.C. 7:27–6.1. Definitions                          N.J.A.C. 7:27–11.4. Permit to construct;                    emission increase or a significant net
                                              N.J.A.C. 7:27–6.2. Standards for the emission                certificate to operate                                 emission increase
                                                  of particles                                        N.J.A.C. 7:27–11.5. Operation                           N.J.A.C. 7:27–18.8. Banking of emission
                                              N.J.A.C. 7:27–6.3. Performance test principles          N.J.A.C. 7:27–11.6. Exceptions                              reductions



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                                                               Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations                                             30053

                                              N.J.A.C. 7:27–18.9. Secondary emissions                 N.J.A.C. 7:27–21.7. Recordkeeping                      Chapter 27B Subchapter 1—Sampling and
                                              N.J.A.C. 7:27–18.10. Exemptions                             requirements                                       Analytical Procedures for Determining
                                              N.J.A.C. 7:27–18.12. Civil or criminal                  N.J.A.C. 7:27–21.8. Certification of                   Emissions of Particles From Manufacturing
                                                  penalties for failure to comply                         information                                        Processes and From Combustion of Fuels
                                                                                                      N.J.A.C. 7:27–21.9. Request for extensions             (Effective 6/21/1976)
                                              Chapter 27 Subchapter 19—Control and
                                              Prohibition of Air Pollution From Oxides of             N.J.A.C. 7:27–21.10. Determination of non-             N.J.A.C. 7:27B–1.1. Definitions
                                              Nitrogen (Effective 1/16/2018)                              applicability                                      N.J.A.C. 7:27B–1.2. Acceptable test methods
                                                                                                      N.J.A.C. 7:27–21.11. Severability                      N.J.A.C. 7:27B–1.3. Operating conditions
                                              N.J.A.C. 7:27–19.1. Definitions
                                                                                                      Appendix 1                                                  during the test
                                              N.J.A.C. 7:27–19.2. Purpose, scope and
                                                                                                                                                             N.J.A.C. 7:27B–1.4. Sampling facilities to be
                                                  applicability
                                                                                                      Chapter 27 Subchapter 22—Operating                          provided by the person responsible for
                                              N.J.A.C. 7:27–19.3. General provisions
                                                                                                      Permits (Effective 1/16/2018)                               emissions
                                              N.J.A.C. 7:27–19.4. Boilers serving electric
                                                                                                      N.J.A.C. 7:27–22.1. Definitions                        N.J.A.C. 7:27B–1.5. Sampling train
                                                  generating units
                                                                                                                                                             N.J.A.C. 7:27B–1.6. Performance test
                                              N.J.A.C. 7:27–19.5. Stationary combustion               N.J.A.C. 7:27–22.2. Applicability
                                                                                                                                                                  principle
                                                  turbines                                            N.J.A.C. 7:27–22.3. General provisions                 N.J.A.C. 7:27B–1.7. General testing
                                              N.J.A.C. 7:27–19.6. Emissions averaging                 N.J.A.C. 7:27–22.4. General application                     requirements
                                              N.J.A.C. 7:27–19.7. Industrial/commercial/                  procedures                                         N.J.A.C. 7:27B–1.8. Required test data
                                                  institutional boilers and other indirect            N.J.A.C. 7:27–22.5. Application procedures             N.J.A.C. 7:27B–1.9. Preparation for sampling
                                                  heat exchangers
                                                                                                          for initial operating permits                      N.J.A.C. 7:27B–1.10. Sampling
                                              N.J.A.C. 7:27–19.8. Stationary reciprocating
                                                                                                      N.J.A.C. 7:27–22.6. Operating permit                   N.J.A.C. 7:27B–1.11. Sample recovery
                                                  engines
                                                                                                          application contents                               N.J.A.C. 7:27B–1.12. Analysis
                                              N.J.A.C. 7:27–19.11. Emergency generators—
                                                                                                      N.J.A.C. 7:27–22.7. Application shield                 N.J.A.C. 7:27B–1.13. Calculations
                                                  recordkeeping
                                                                                                      N.J.A.C. 7:27–22.8. Air quality simulation             N.J.A.C. 7:27B–1.14. Validation of test
                                              N.J.A.C. 7:27–19.13. Alternative and facility-
                                                  specific NOX emission limits                            modeling and risk assessment                       Chapter 27B Subchapter 2—Procedures for
                                              N.J.A.C. 7:27–19.14. Procedures for obtaining           N.J.A.C. 7:27–22.9. Compliance plans                   Visual Determination of the Opacity
                                                  approvals under this subchapter                     N.J.A.C. 7:27–22.10. Completeness reviews              (Percent) and Shade or Appearance
                                              N.J.A.C. 7:27–19.15. Procedures and                     N.J.A.C. 7:27–22.11. Public comment                    (Ringelmann Number) of Emissions From
                                                  deadlines for demonstrating compliance              N.J.A.C. 7:27–22.12. EPA comment                       Sources (Effective 6/21/1976)
                                              N.J.A.C. 7:27–19.16. Adjusting combustion               N.J.A.C. 7:27–22.13. Final action on an                N.J.A.C. 7:27B–2.1. Definitions
                                                  processes
                                                                                                          application                                        N.J.A.C. 7:27B–2.2. Acceptable observation
                                              N.J.A.C. 7:27–19.17. Source emissions testing
                                                                                                      N.J.A.C. 7:27–22.14. General operating                     methods
                                              N.J.A.C. 7:27–19.18. Continuous emissions
                                                                                                          permits                                            N.J.A.C. 7:27B–2.3. Observation principle
                                                  monitoring
                                                                                                      N.J.A.C. 7:27–22.15. Temporary facility                N.J.A.C. 7:27B–2.4. General observation
                                              N.J.A.C. 7:27–19.19. Recordkeeping and
                                                                                                          operating permits                                      requirements
                                                  recording
                                                                                                      N.J.A.C. 7:27–22.16. Operating permit                  N.J.A.C. 7:27B–2.5. Required observation
                                              N.J.A.C. 7:27–19.20. Fuel switching
                                                                                                                                                                 data
                                              N.J.A.C. 7:27–19.21. Phased compliance—                     contents
                                                                                                                                                             N.J.A.C. 7:27B–2.6. Certification
                                                  repowering                                          N.J.A.C. 7:27–22.17. Permit shield                     References
                                              N.J.A.C. 7:27–19.23. Phased compliance—use              N.J.A.C. 7:27–22.18. Source emissions testing          Appendix
                                                  of innovative control technology                        and monitoring
                                              N.J.A.C. 7:27–19.25. Exemption for                      N.J.A.C. 7:27–22.19. Recordkeeping,                    Chapter 27B Subchapter 3—Air Test
                                                  emergency use of fuel oil                               reporting and compliance certification             Method 3: Sampling and Analytical
                                              N.J.A.C. 7:27–19.26. Penalties                                                                                 Procedures for the Determination of Volatile
                                                                                                      N.J.A.C. 7:27–22.20. Administrative
                                              Chapter 27 Subchapter 20—Used Oil                           amendments                                         Organic Compounds From Source
                                              Combustion (Effective 9/6/2011)                                                                                Operations (Effective 12/1/2008)
                                                                                                      N.J.A.C. 7:27–22.21. Changes to insignificant
                                              N.J.A.C. 7:27–20.1. Definitions                             source operations                                  N.J.A.C. 7:27B–3.1. Definitions
                                              N.J.A.C. 7:27–20.2. General provisions                  N.J.A.C. 7:27–22.22. Seven-day-notice                  N.J.A.C. 7:27B–3.2. Sampling and analytical
                                              N.J.A.C. 7:27–20.3. Burning of on-                          changes                                                protocol: Acceptable test methods
                                                  specification used oil in space heaters             N.J.A.C. 7:27–22.23. Minor modifications               N.J.A.C. 7:27B–3.3. Operating conditions
                                                  covered by a registration                                                                                      during the test
                                                                                                      N.J.A.C. 7:27–22.24. Significant
                                              N.J.A.C. 7:27–20.4. Burning of on-                                                                             N.J.A.C. 7:27B–3.4. Sampling facilities
                                                                                                          modifications                                      N.J.A.C. 7:27B–3.5. Source operations and
                                                  specification used oil in space heaters             N.J.A.C. 7:27–22.24A. Reconstruction
                                                  covered by a permit                                                                                            applicable test methods
                                                                                                      N.J.A.C. 7:27–22.25. Department initiated              N.J.A.C. 7:27B–3.6. Procedures for the
                                              N.J.A.C. 7:27–20.5. Demonstration that used
                                                                                                          operating permit modifications                         determinations of vapor pressures of a
                                                  oil is on-specification
                                              N.J.A.C. 7:27–20.6. Burning of on-                      N.J.A.C. 7:27–22.26. MACT and GACT                         single known VOC or mixtures of known
                                                  specification oil in other combustion                   standards                                              and/or unknown VOC
                                                  units                                               N.J.A.C. 7:27–22.27. Operating scenarios               N.J.A.C. 7:27B–3.7. Procedures for the direct
                                              N.J.A.C. 7:27–20.7. Burning of off-                     N.J.A.C. 7:27–22.28A. Emissions trading                    measurement of volatile organic
                                                  specification used oil                              N.J.A.C. 7:27–22.28B. Facility-specific                    compounds using a flame ionization
                                              N.J.A.C. 7:27–20.8. Ash standard                            emissions averaging programs                           detector (FID), a photoionization detector
                                              N.J.A.C. 7:27–20.9. Exception                           N.J.A.C. 7:27–22.29. Facilities subject to acid            (PID) or a non-dispersive infrared
                                                                                                          deposition control                                     analyzer (NDIR)
                                              Chapter 27 Subchapter 21—Emission                                                                              N.J.A.C. 7:27B–3.8. Procedures for the direct
                                              Statements (Effective 1/16/2018)                        N.J.A.C. 7:27–22.30. Renewals
                                                                                                      N.J.A.C. 7:27–22.31. Fees                                  measurement of volatile organic
                                              N.J.A.C. 7:27–21.1. Definitions                                                                                    compounds using a gas chromatograph
                                                                                                      N.J.A.C. 7:27–22.32. Hearings and appeals
                                                                                                                                                                 (GC) with a flame ionization detector
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                                              N.J.A.C. 7:27–21.2. Applicability
                                                                                                      N.J.A.C. 7:27–22.33. Preconstruction review                (FID) or other suitable detector
                                              N.J.A.C. 7:27–21.3. General provisions
                                              N.J.A.C. 7:27–21.4. Procedures for submitting           N.J.A.C. 7:27–22.34. Early reduction of HAP            N.J.A.C. 7:27B–3.9. Procedures for the
                                                  an emission statement                                   emissions                                              sampling and remote analysis of known
                                              N.J.A.C. 7:27–21.5. Required contents of an             N.J.A.C. 7:27–22.35. Advances in the art of                volatile organic compounds using a gas
                                                  emission statement                                      air pollution                                          chromatograph (GC) with a flame
                                              N.J.A.C. 7:27–21.6. Methods to be used for              Appendix                                                   ionization detector (FID) or other
                                                  quantifying actual emissions                        Table A                                                    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                 DATES:  This final rule is effective August               • All other basic organic chemical
                                                  determination of volatile organic                   27, 2018.                                              manufacturing (NAICS code 325199).
                                                  compounds in surface coating
                                                                                                      ADDRESSES: The docket for this action,                    • Plastics material and resin
                                                  formulations                                                                                               manufacturing (NAICS code 325211).
                                              N.J.A.C. 7:27B–3.11. Procedures for the                 identified by docket identification (ID)
                                                                                                      number EPA–HQ–OPPT–2017–0421, is                          • Pesticide and other agricultural
                                                  determination of volatile organic
                                                  compounds emitted from transfer                     available at http://www.regulations.gov                chemical manufacturing (NAICS code
                                                  operations using a flame ionization                 or at the Office of Pollution Prevention               325320).
                                                  detector (FID) or non-dispersive infrared           and Toxics Docket (OPPT Docket),                          • Medicinal and botanical
                                                  analyzer (NDIR)                                     Environmental Protection Agency                        manufacturing (NAICS code 325411).
                                              N.J.A.C. 7:27B–3.12. Procedures for the                 Docket Center (EPA/DC), West William                      • Pharmaceutical preparation
                                                  determination of volatile organic                   Jefferson Clinton Bldg., Rm. 3334, 1301                manufacturing (NAICS code 325412).
                                                  compounds in cutback and emulsified
                                                                                                      Constitution Ave. NW, Washington, DC.                     • Biological product (except
                                                  asphalts                                                                                                   diagnostic) manufacturing (NAICS code
                                              N.J.A.C. 7:27B–3.13. Procedures for the                 The Public Reading Room is open from
                                                                                                      8:30 a.m. to 4:30 p.m., Monday through                 325414).
                                                  determination of leak tightness of
                                                                                                      Friday, excluding legal holidays. The                     • Paint and coating manufacturing
                                                  gasoline delivery vessels
                                              N.J.A.C. 7:27B–3.14. Procedures for the direct          telephone number for the Public                        (NAICS code 325510).
                                                  detection of fugitive volatile organic              Reading Room is (202) 566–1744, and                       • Adhesive manufacturing (NAICS
                                                  compound leaks                                      the telephone number for the OPPT                      code 325520).
                                              N.J.A.C. 7:27B–3.15. Procedures for the direct          Docket is (202) 566–0280. Please review                   • Custom compounding of purchased
                                                  detection of fugitive volatile organic              the visitor instructions and additional                resins (NAICS code 325991).
                                                  compound leaks from gasoline tank
                                                                                                      information about the docket available                    • Photographic film, paper, plate, and
                                                  trucks and vapor collection systems                                                                        chemical manufacturing (NAICS code
                                                  using a combustible gas detector                    at http://www.epa.gov/dockets.
                                                                                                                                                             325992).
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              N.J.A.C. 7:27B–3.18. Test methods and                                                                             • All other miscellaneous chemical
                                                  sources incorporated by reference                      For technical information contact:
                                                                                                                                                             product and preparation manufacturing
                                              *      *     *       *      *                           Thomas Groeneveld, National Program
                                                                                                                                                             (NAICS code 325998).
                                                                                                      Chemicals Division, Office of Pollution
                                              [FR Doc. 2018–13577 Filed 6–26–18; 8:45 am]                                                                       • Unlaminated plastics film and sheet
                                                                                                      Prevention and Toxics, Environmental
                                              BILLING CODE 6560–50–P                                                                                         (except packaging) manufacturing
                                                                                                      Protection Agency, 1200 Pennsylvania
                                                                                                                                                             (NAICS code 326113).
                                                                                                      Ave. NW, Washington, DC 20460–0001;
                                                                                                                                                                • Unlaminated plastics profile shape
                                              ENVIRONMENTAL PROTECTION                                telephone number: (202) 566–1188;
                                                                                                                                                             manufacturing (NAICS code 326121).
                                              AGENCY                                                  email address: groeneveld.thomas@                         • Urethane and other foam product
                                                                                                      epa.gov.                                               (except polystyrene) manufacturing
                                              40 CFR Part 713                                            For general information contact: The
                                                                                                                                                             (NAICS code 326150).
                                                                                                      TSCA-Hotline, ABVI-Goodwill, 422
                                              [EPA–HQ–OPPT–2017–0421; FRL–9979–74]                                                                              • All other plastics product
                                                                                                      South Clinton Ave., Rochester, NY
                                                                                                                                                             manufacturing (NAICS code 326199).
                                              RIN 2070–AK22                                           14620; telephone number: (202) 554–
                                                                                                                                                                • Tire manufacturing (NAICS code
                                                                                                      1404; email address: TSCA-Hotline@
                                              Mercury; Reporting Requirements for                                                                            326211).
                                                                                                      epa.gov.                                                  • All other rubber product
                                              the TSCA Mercury Inventory
                                                                                                      SUPPLEMENTARY INFORMATION:                             manufacturing (NAICS code 326299).
                                              AGENCY:  Environmental Protection
                                                                                                      I. Executive Summary                                      • Iron and steel mills and ferroalloy
                                              Agency (EPA).                                                                                                  manufacturing (NAICS code 331110).
                                              ACTION: Final rule.                                     A. Does this action apply to me?                          • Rolled steel shape manufacturing
                                                                                                         You may be potentially affected by                  (NAICS code 331221).
                                              SUMMARY:    As required under section
                                                                                                      this action if you manufacture                            • Alumina refining and primary
                                              8(b)(10)(D) of the Toxic Substances                                                                            aluminum production (NAICS code
                                                                                                      (including import) mercury or mercury-
                                              Control Act (TSCA), EPA is finalizing                                                                          331313).
                                                                                                      added products, or if you otherwise
                                              reporting requirements for applicable
                                                                                                      intentionally use mercury in a                            • Secondary smelting and alloying of
                                              persons to provide information to assist                                                                       aluminum (NAICS code 331314).
                                                                                                      manufacturing process. The following
                                              in the preparation of an ‘‘inventory of
                                                                                                      list of North American Industrial                         • Nonferrous metal (except
                                              mercury supply, use, and trade in the                                                                          aluminum) smelting and refining
                                                                                                      Classification System (NAICS) codes is
                                              United States,’’ where ‘‘mercury’’ is                                                                          (NAICS code 331410).
                                                                                                      not intended to be exhaustive, but rather
                                              defined as ‘‘elemental mercury’’ and ‘‘a
                                                                                                      provides a guide to help readers                          • Secondary smelting, refining, and
                                              mercury compound.’’ The requirements                                                                           alloying of nonferrous metal (except
                                                                                                      determine whether this document
                                              apply to any person who manufactures                                                                           copper and aluminum) (NAICS code
                                                                                                      applies to them. Potentially affected
                                              (including imports) mercury or                                                                                 331492).
                                                                                                      entities may include the following:
                                              mercury-added products, or otherwise                       • Gold ore mining (NAICS code                          • Iron foundries (NAICS code
                                              intentionally uses mercury in a                         212221).                                               331511).
                                              manufacturing process. Based on the                        • Lead ore and zinc ore mining                         • Steel foundries (except investment)
                                              inventory of information collected, the                 (NAICS code 212231).                                   (NAICS code 331513).
                                              Agency is directed to ‘‘identify any                       • All other metal ore mining (NAICS                    • Fabricated structural metal
                                              manufacturing processes or products                     code 212299).                                          manufacturing (NAICS code 332312).
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                                              that intentionally add mercury; and . . .                  • Asphalt shingle and coating                          • Industrial valve manufacturing
                                              recommend actions, including proposed                   materials manufacturing (NAICS code                    (NAICS code 332911).
                                              revisions of Federal law or regulations,                324122).                                                  • Ammunition except small arms
                                              to achieve further reductions in mercury                   • Synthetic dye and pigment                         manufacturing (NAICS code 332993).
                                              use.’’ At this time, EPA is not making                  manufacturing (NAICS code 325130).                        • Small arms, ordnance, and
                                              such identifications or                                    • Other basic inorganic chemical                    ordnance accessories manufacturing
                                              recommendations.                                        manufacturing (NAICS code 325180).                     (NAICS code 332994).


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Document Created: 2018-11-06 09:53:25
Document Modified: 2018-11-06 09:53:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: This rule is effective on July 27, 2018.
ContactViorica Petriman, Air Programs Branch, Permitting Section, U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York, New York 10007, (212) 637-4021, [email protected]
FR Citation83 FR 30050 
CFR AssociatedEnvironmental 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 and Sulfur Oxides

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