MEMORANDUM

SUBJECT:	Technical Support Document – 40 CFR Part 55 Outer Continental
Shelf (OCS) – Incorporation of New Jersey State Regulations

FROM:	Carla Adduci

	Air Programs Branch, Permitting Section

TO:	File

On September 4, 1992, EPA promulgated 40 CFR part 55, which established
requirements to control air pollution from OCS sources in order to
attain and maintain Federal and State ambient air quality standards
(AAQS) and to comply with the provisions of part C of title I of the
Clean Air Act (CAA), 42 U.S.C. 7401, et seq.  Part 55 applies to all OCS
sources offshore of the States except those located in the Gulf of
Mexico west of 87.5 degrees longitude.  Section 328 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).  

	Section 328(a) of the CAA requires that EPA establish requirements to
control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements. 
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55.  EPA is today promulgating amendments to the
OCS air regulations.  The amendments incorporate the State of New Jersey
Requirements applicable to OCS Sources into the Appendix of 40 CFR part
55.

	

	EPA has evaluated the corresponding onshore area requirements to ensure
that they are rationally related to the attainment or maintenance of
Federal or State AAQS or part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are applicable to OCS sources.  40 CFR 55.1.  EPA has also
evaluated the rules to ensure that they are not arbitrary or capricious.
 40 CFR 55.12(e).  Currently, EPA has not delegated authority to New
Jersey to implement and enforce 40 CFR part 55.  Therefore, EPA will use
its own administrative and procedural requirements to implement the
substantive requirements.  40 CFR 55.14(c)(4).  Accordingly, EPA has
excluded New Jersey’s administrative or procedural rules from the
State of New Jersey Requirements Applicable to OCS Sources. 

Although not previously included, EPA is incorporating the following
regulations listed in Table 1.

Table 1

N.J.A.C. 7:

	Title	Section(s)	Reason For Incorporation

27-2	Control and Prohibition of Open Burning	2.1 – 2.4, 2.6 – 2.8,
2.12 & 2.13	Related to the attainment or maintenance of federal or state
AAQS or Part C of title I of the CAA

27-3	Control and Prohibition of Smoke from Combustion of Fuel	All 
Related to the attainment or maintenance of federal or state AAQS or
Part C of title I of the CAA

27-4	Control and Prohibition of Particles from Combustion of Fuel	All
Related to the attainment or maintenance of federal or state AAQS or
Part C of title I of the CAA

27-5	Prohibition of Air Pollution	All	Related to the attainment or
maintenance of federal or state AAQS or Part C of title I of the CAA

27-6	Control and Prohibition of Particles from Manufacturing Processes
All except section 6.6	Related to the attainment or maintenance of
federal or state AAQS or Part C of title I of the CAA

27-7	Sulfur	All	Related to the attainment or maintenance of federal or
state AAQS or Part C of title I of the CAA

27-8	Permits and Certificates for Minor Facilities (and Major Facilities
without an Operating Permit)	All except sections 8.6 and 8.10	Related to
the attainment or maintenance of federal or state AAQS or Part C of
title I of the CAA

27-9	Sulfur in Fuels	All	Related to the attainment or maintenance of
federal or state AAQS or Part C of title I of the CAA

27-10	Sulfur in Solid Fuels	All	Related to the attainment or maintenance
of federal or state AAQS or Part C of title I of the CAA

27-11	Incinerators	All	Related to the attainment or maintenance of
federal or state AAQS or Part C of title I of the CAA

27-12	Prevention and Control of Air Pollution Emergencies	All	Related to
the attainment or maintenance of federal or state AAQS or Part C of
title I of the CAA

27-16	Control and Prohibition of Air Pollution by Volatile Organic
Compounds	16.1–16.10, 16.12-16.13, 16.16-16.19,

16.21-16.23,16.26-16.27	Related to the attainment or maintenance of
federal or state AAQS or Part C of title I of the CAA

27-18	Control and Prohibition of Air Pollution from New or Altered
Sources Affecting Ambient Air Quality	All except section 18.11	Related
to the attainment or maintenance of federal or state AAQS or Part C of
title I of the CAA 

27-19	Control and Prohibition of Air Pollution by Oxides of Nitrogen	All
except sections 19.9, 19.10, 19.12 & 19.22	Related to the attainment or
maintenance of federal or state AAQS or Part C of title I of the CAA 

27-20	Used Oil Combustion	All	Related to the attainment or maintenance
of federal or state AAQS or Part C of title I of the CAA

27-21	Emission Statements	All	Related to the attainment or maintenance
of federal or state AAQS or Part C of title I of the CAA

27-22	Operating Permits	All	Related to the attainment or maintenance of
federal or state AAQS or Part C of title I of the CAA

27-30	CAIR	All	Related to the attainment or maintenance of federal or
state AAQS or Part C of title I of the CAA

27-31	Ozone Transport Commission and SIP Call NOX Budget Program	All
Related to the attainment or maintenance of federal or state AAQS or
Part C of title I of the CAA

27B-1	Samplings and Analytical Procedures for Determining Emissions of
Particles from Manufacturing Processes and from Combustion of Fuels	All
Related to the attainment or maintenance of federal or state AAQS or
Part C of title I of the CAA

27B-2	Procedures for the Visual Determination of the Opacity and the
Shade or Appearance of Emissions from Sources	All	Related to the
attainment or maintenance of federal or state AAQS or Part C of title I
of the CAA

27B-3	Air Test Method 3: Sampling and Analytical Procedures for the
Determination of Volatile Organic Compounds from Source Operations	All
except section 3.16 & 3.17	Related to the attainment or maintenance of
federal or state AAQS or Part C of title I of the CAA



EPA is not incorporating the following regulations listed in Table 2
below.

TABLE 2

N.J.A.C. 7:	Title	Section(s) 	Reason

27-1	General Provisions	All	Administrative

27-2	Control and Prohibition of Open Burning	2.5 and 2.9-2.11	Not
applicable to OCS sources

27-6	Control and Prohibition of Particles from Manufacturing Processes
6.6	Section “Reserved”

27-8	Permits and Certificates for Minor Facilities (and Major Facilities
without an Operating Permit)	8.6 and 8.10	Administrative

27-13	Ambient Air Quality Standards	All	Not applicable to sources 

27-14	Control and Prohibition of Air Pollution from Diesel-Powered Motor
Vehicles	All	Not applicable to OCS sources

27-15	Control and Prohibition of Air Pollution from Gasoline-Fueled
Motor Vehicles	All	Not applicable to OCS sources

27-16	Control and Prohibition of Air Pollution by Volatile Organic
Compounds	16.11, 16.14 & 16.15, 16.20, 16.24 &16.25	Not applicable to
OCS sources (16.11 & 16.20)

Section “Reserved (16.14, 16.15, 16.24 & 16.25)

27-17	Control and Prohibition of Air Pollution by Toxic Substances	All
Not related to the attainment & maintenance of federal or state AAQS

27-18	Control and Prohibition of Air Pollution from New or Altered
Sources Affecting Ambient Air Quality	18.11	Section “Reserved”

27-19	Control and Prohibition of Air Pollution by Oxides of Nitrogen
19.9, 19.10, 19.12 & 19.22	Not applicable to OCS sources (19.9, 19.10 &
19.22)

Section “Reserved” (19.12)

27-23	Prevention of Air Pollution from Architectural Coatings	All	Not
applicable to OCS sources

27-24	Control and Prohibition of Volatile Organic Compounds from
Consumer and Commercial Products	All	Not applicable to OCS sources

27-25	Control and Prohibition of Air Pollution from Vehicular Fuels	All
Not applicable to OCS sources

27-27	Control and Prohibition of Mercury Emissions	All	Not related to
the attainment & maintenance of federal or state AAQS

27-28	Heavy-Duty Diesel New Engine Standards and Requirements Program
All	Not applicable to OCS sources

27-29	Low Emission Vehicle Program	All	Not applicable to OCS sources

27-32	Diesel Retrofit Program	All	Not applicable to OCS sources

27A-3	Civil Administrative Penalties and Requests for Adjudicatory
Hearings	All	Administrative

27B-3	Air Test Method 3: Sampling and Analytical Procedures for the
Determination of Volatile Organic Compounds from Source Operations	3.16
and 3.17	Not applicable to OCS sources

27B-4	Air Test Method 4: Testing Procedures for Diesel-Powered Motor
Vehicles	All	Not applicable to OCS sources

27B-5	Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor
Vehicles	All	Not applicable to OCS sources



 The reader may refer to the Notice of Proposed Rulemaking, December 5,
1991 (56 FR 63774), and the preamble to the final rule promulgated
September 4, 1992 (57 FR 40792) for further background and information
on the OCS regulations.

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