SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Nitric Acid Plants ( 40 CFR part 60, subpart G)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Nitric Acid Plants ( 40 CFR part 60, subpart G)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for nitric acid plants were proposed on August 17, 1971, and promulgated on June 14, 1974. These standards apply to nitric acid production units which commenced construction, modification or reconstruction after the date of proposal. Nitrogen oxide ( NO x) is the pollutant regulated under this subpart. The standards limit nitrogen oxides, expressed as NO 2, in excess of 1.5 kilograms per metric ton of acid produced ( 3.0 lb. per ton), and limit opacity to 10 percent.

Owners or operators of the affected facilities described must make the following one timeonly reports: notification of the date of construction or reconstruction; notification of the actual dates of startup; notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate; notification of demonstration of the continuous monitoring system ( CMS); notification of the date of the initial performance test; and the results of the initial performance test. Owners or operators are required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports and records are required, in general, of all sources subject to NSPS.

Monitoring requirements specific to nitric acid plants provide information on nitrogen oxide emissions. The owners or operators are required to record the production rate of nitric acid produced, the hours of operation of the source, and the levels of nitrogen oxides emitted into the atmosphere. Owners or operators of affected facilities are required to install, calibrate, maintain, and operate a continuous monitoring system ( CMS) for the measurement and recording of nitrogen oxides. Recordkeeping requirements for nitric acid plants consist of the occurrence and duration of any startup and malfunctions as described. They include the initial performance test results including information necessary to determine the conditions of the performance test, and performance test measurements and results, including the emission rate and concentration of NO x and the volumetric flow rate of the effluent gas. Records of startups, shutdowns, and malfunctions should be noted as they occur. Any owner or operator subject to the provisions of this subpart will maintain a file of all measurements, including continuous monitoring system, 2 monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; and all other information required by this part, recorded in a permanent form suitable for inspection.

The reporting requirements for this industry currently include the initial notifications listed, the initial performance test results, and semiannual reports of instances of excess emissions and a monitoring system performance report. Periods of excess emissions will be reported and are defined as any 3 hour period during which the average nitrogen oxides' emissions ( arithmetic average of three contiguous 1 hour periods) as measured by a continuous emission monitoring system exceed the standard. Semiannual excess emission reports and monitoring system performance reports will include the date and time of the exceedence or deviation, the nature and cause of the malfunction ( if known) and corrective measures taken, and identification of the time period during which the CMS was inoperative ( this does not include zero and span checks nor typical repairs/ adjustments).

All reports are sent to the delegated State or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional office. Notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to verify if the standard is being met. Performance test reports are needed as these are the Agency's records of a source's initial capability to comply with the emission standard, and to note the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Owners or operators subject to the provisions of this part will maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records.

Approximately 24 sources are currently subject to the standard, and it is estimated that an additional one source per year will become subject to the standard over the next three years due to the modification or reconstruction of an existing affected facility.

The Office of Management and Budget ( OMB) approved the current Information Collection Request ( ICR) without any " Terms of Clearance."

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous 3 emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

2( b) Practical Utility/ Users of the Data The control of emissions of No x from nitric acid plants requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of nitrogen oxide from nitric acid plants are the result of operation of the affected facilities. The subject standards are achieved by the reduction of pollutant emissions using control technology and leak detection and repair procedures. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and leaks are being detected and repaired and the regulations are being met.

Performance test reports are needed as these are the Agency's records of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the ( monitoring, recordkeeping and reporting) requirement described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under ( 40 CFR part 60, subpart G).

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar standards to implement 4 the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register ( 68 FR 27059) on May 19, 2003. No comments were received on the burden published in the Federal Register.

3( c) Consultations For this information collection, we referenced the most recent ICR, the preparer of the active ICR, and accessed the most recent data available on the Air Facility System ( AFS) database as maintained by the Office of Compliance. We reviewed information available from the Office of Compliance Sector Notebook " Profile of the Agricultural Chemical, Pesticide, and Fertilizer Industry," the United States Census Bureau via the internet, and other websites covering nitric acid. We consulted with EPA's Office of Air Quality Planning and Standards, Information Transfer and Program Integration Division. In addition, we consulted The Fertilizer Institute ( TFI), Mr. Bill Herz, ( 202) 515 2706, Agrium, Mr. Robert Williams, ( 559) 627 5553, Costal Chemical, Ms. Barbara Cabot, ( 307) 637 2700, BP Chemicals, Incorporated, Mr. Kevin Sprague, ( 419) 226 1200.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping is a useful technique to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, Section 1320.5.

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B  Confidentiality of Business Information ( see 40 CFR part 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, 5 September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC and NAIC Codes The respondents to the recordkeeping and reporting requirements are nitric acid plants. The SIC code for the respondents affected by the standards is United States Standard Industrial Classification ( SIC) 2873 which corresponds to the North American Industry Classification System ( NAICS) 325311 for nitric acid.

4( b) Information Requested None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, Section 1320.5.

( i) Data Items All data in this ICR that are recorded and/ or reported are required by New Source Performance Standards ( NSPS) for Nitric Acid Plants ( 40 CFR part 60, subpart G).

A source must make the following reports:

Notification Reports Standard Citation by Section Notification of construction or modification application 60.6( a)

Initial notifications 60.7( a)( 3)

Notification of actual startup 60.7( a)( 3)

Initial performance test 60.8( d)

Initial performance test results 60.8( a)

Rescheduled initial performance test 60.8( d)

Demonstration of continuous monitoring system 60.7( a)( 5)

Compliance status 60.7 ( a)( 7) 6 Physical or operational change 60.7( a)( 4)

Opacity or visible emissions 60.7( a)( 6)

Periodic startup, shutdown, malfunction reports 60.7( b)

Source status report 60.7( c)

Reports Standard Citation by Section Semiannual 60.7( c)

A source must make the following records:

Recordkeeping Startup, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b)

Emission test results and other data needed to determine emissions 60.7( c)

All reports and notifications 60.19 Record of applicability 60.70 Records of sources with continuous monitoring systems ( CMS) 60.7( c)

Maintain records for two years 60.7( f)

Electronic Reporting Currently, sources are using monitoring equipment that provides parameter data in an automated way, e. g., leaks and spills of mercury. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden. However, electronic reporting systems are still not widely used by the regulatory agencies. It is estimated that approximately 10% of the respondents use electronic reporting. 7 ( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CMS for opacity.

Perform initial performance test, Reference Method 7 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS). 8 5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Average Annual Industry Burden and Costs for NSPS for Nitric Acids ( 40 CFR part 60, subpart G).

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the 9 concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 1,290 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses the following labor rates: $ 93.09 per hour for Executive, Administrative, and Managerial labor; $ 64.13 per hour for Technical labor, and $ 39.65 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increase by 110% to account for the benefit packages available to those employed by private industry.

Managerial $ 93.09 ($ 44.33 + 110%) Technical $ 64.13 ($ 30.54 + 110%) Clerical $ 39.65 ($ 18.88 + 110%)

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activities in the subject standard( s) are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitors and other costs such as photocopying and postage. 10 ( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Capital/ Startu p Cost for One Respondent ( C) Number of New Respondents ( D) Total Capital/ Startu p Cost, ( B X C) ( E) Annual O& M Costs for One Respondent ( F) Number of Respondents with O& M ( G) Total O& M, ( E X F)

NOx $ 68,000 1 $ 68,000 $ 100,000 24 $ 2,400,000 The total capital/ startup costs for this ICR are $ 68,000. This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 2,400,000. This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 2,468,000. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 5,515 ( rounded). This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49 per hour.

This rate are from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Average Annual EPA Burden and Costs  NSPS for Nitric Acid Plants ( 40 CFR part 60, subpart G). 11 6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 24 existing sources are currently subject to the standard. It is estimated that an additional one affected facility at an existing source per year will become subject to the regulation over the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A) Number of New Respondents ( B) Number of Existing Respondents ( C) Number of Existing Respondents that keep records but do not submit reports ( D) Number of Existing Respondents That Are Also New Respondents( with initial notification requirements) ( E) Number of Respondents ( E= A+ B+ CD

1 1 23 0 1 23 2 1 24 0 1 24 3 1 25 0 1 25 Average 1 24 0 1 24 To avoid double counting respondents column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is twenty four. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses ( A) Number of New Respondents ( B) Number of Reports for New Respondents ( C) Number of Existing Respondents ( D) Number of Reports for Existing Respondents ( F) Number of Existing Respondents that keep records but do not submit reports ( E) Total Annual Responses E=( AxB)+( CxD)+ F 1 3 24 2 0 51 12 The number of Total Annual Responses is 51. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 81,639. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1, Average Annual Industry Burden and Costs, NSPS for Nitric Acid Plants ( 40 CFR part 60, subpart G).

Note that the total annual capital and O& M costs to the regulated entity are $ 2,468,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours And Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents are attached. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 25 hours per response.

6( f) Reasons for Change in Burden The adjustment decrease in burden from the most recently approved ICR is due to a decrease in the number of sources. The nitric acid industry is going through an era of consolidations and buyouts, due in part to the high cost of natural gas and foreign competition. This has resulted in a reduction of the number of plants producing nitric acid.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 25 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15. 13 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2003 0030, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is ( 202) 566 1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2003 0030 and OMB Control Number 2060 0019 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 14 Table 1: Average Annual Industry Burden and Costs  NSPS for Nitric Acid Plants ( 40 CFR part 60, subpart G)

Burden Item ( A) Respondent Hours per Occurrence ( B) Number of Occurrences Per Respondent Per Year ( C) Hours Per Respondent Per Year ( C= A x B) ( D) Number of Respondents Per Year ( E) Technical Hours Per Year @$ 64.13 ( CXD) ( F) Management Hours Per Year @$ 93.09 ( E x 0.05) ( G) Clerical Hours Per Year @$ 39.65 ( E x 0.1) ( H) Total Costs Per Year a 1. APPLICATIONS N/ A 2. SURVEY AND STUDIES N/ A 3. REPORTING REQUIREMENTS New Sources b A. Read Instructions 1 1 1 1 1 0.05 0.1 $ 72.74 B. Required Activities Initial Performance Test Demonstration of monitoring system Repeat performance test c Ref Method 7 Ref Method 2 360 Included in 3B 360 4 4 1 1 1 1 360 360 4 4 1 0.2 1 1 360 72 4 4 18 3.6 0.2 0.2 36 7.2 0.4 0.4 $ 26,189.82 $ 5,237.96 $ 291.00 $ 291.00 C. Create Information Included in 3B D. Gather Existing Information N/ A E. Write Report New Sources Notification of construction/ reconstruction Notification of initial startup Notification of initial performance test Performance test report Existing Sources Notification of physical/ operational changes d Semiannual reports of excess emissions e 2 2 2 Included in 3B 8 8 1 1 1 1 1 2 2 2 8 8 1 1 1 2.4 24 2 2 2 19.2 192 0.1 0.1 0.1 0.96 9.6 0.2 0.2 0.2 1.92 19.2 $ 145.50 $ 145.50 $ 145.50 $ 1,396.80 $ 13,967.90 4. Recordkeeping Requirements A. Read Instructions Included in 4E B. Plan Activities Included in 4E C. Implement Activities Included in 4E D. Develop record systems N/ A E. Time to enter information Records of daily production rate and hours of operation 8 1 8 24 192 9.6 19.2 $ 13,967.90 Records of occurrence of startup, shutdown, and malfunctions Records of performance test data 8 80 1 1 8 80 24 1 192 80 9.6 4 19.2 8 $ 13,967.90 $ 5,819.96 G. Audits N/ A TOTAL ANNUAL BURDEN ( rounded) 1,122 f 56 f 112 f $ 81,639 15 Assumptions:

a. Assume that all tasks are to be performed by managerial, technical and clerical personnel. This ICR uses the following labor rates: $ 93.09 for Managerial labor, $ 64.13 for Technical labor and $ 39.65 for Clerical labor. These rates are from the United States Department of Labor Bureau of Labor Statistics, September 2003, " Table 10. Private industry, by occupational and industry group." The rates have been increased by 110% to account for the benefit packages available to those employed by private industry. We also included contractors at $ 100. The labor rate was also taken from the above occupational and industry group under Blue Collar occupation, that covers Machine operators, and took the rates from column 1, " Total compensation."

b. Assume that there will be one new, modified or reconstructed facility constructed for the next three years.

c. Assume that 20 percent of facilities would have to repeat performance testing each year due to failure.

d. Assume that 10 percent of the facilities would be modified or reconstructed over the next three years.

e. Assume that it will take eight hours to write semiannual reports.

f. The total number of hours requested is 1,290. 16 TABLE 2: Average Annual EPA Burden and Costs  NSPS for Nitric Acid Plants ( 40 CFR part 60, subpart G)

Burden Items ( A)

EPA hr./

Per Occurrenc e ( B) Occurrences / plant/ yr ( C)

EPA hr/

plant/ yr ( C= AxB) ( D) Plants/

year ( E) f EPA Hours Per Year ( E= CxD ) ( F) a EPA Cost Per Year ($)

( Ex$ 39.49)

Required Activities New Plant b Initial performance test c Repeat performance tests d 24 24 1 0.2 24 4.8 1 0.2 24 0.96 $ 947.76 $ 37.91 Report Review New Plant Notification of Construction/ Reconstruction/ Modification Notification of initial startup Notification of actual startup Notification of initial test Existing Plants Semiannual reports 2 0.5 0.5 0.5 2 1111 2 2 0.5 0.5 0.5 4 1111 24 2 0.5 0.5 0.5 96 $ 78.98 $ 19.74 $ 19.74 $ 19.74 $ 3,791.04 Travel Expenses: e ( 1 person x 1.2 plant year x 2 days/ plant x $ 75 per diem) +

($ 350 round trip x 1.2 plant/ year) $ 600.00 TOTAL ANNUAL BURDEN ( rounded) $ 5,515 Assumptions:

a. The cost is based on the hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49. This rate is from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay.

b. Assume that there will be one new source ( respondent) per year over the three years period of this ICR.

c. Assume that it would take 24 hours to complete initial performance test.

d. Assume 20 percent of initial performance tests are repeated due to failure.

e. Assume EPA personnel attend 10 percent of initial tests plus 10 percent of repeat performance tests.

f. Total number of burden hours of this ICR is 124 ( rounded). 17


[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Rules and Regulations]
[Pages 6559-6561]
[FR Doc No: 2021-01332]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0910; Project Identifier 2018-CE-044-AD; Amendment
39-21378; AD 2021-01-02]
RIN 2120-AA64

Airworthiness Directives; M7 Aerospace LLC Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for M7
Aerospace LLC Models SA26-AT and SA26-T airplanes. This AD was prompted
by reports of the airplane power lever linkage detaching from the
TPE331 engine propeller pitch control (PPC) shaft. This AD requires
repetitively inspecting the PPC for proper torque and making any
necessary corrections until the replacement of the PPC assembly and the
installation of a secondary retention feature (safety wire) are done.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective February 26, 2021.
    The Director of the Federal Register approved the incorporation by
reference (IBR) of a certain publication listed in this AD as of May 5,
2017 (82 FR 15982, March 31, 2017).

ADDRESSES: For service information identified in this final rule,
contact Honeywell International Inc., 111 S 34th Street, Phoenix,
Arizona 85034-2802; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>internet: https://aerospace.honeywell.com/en/services/maintenance-and-monitoring. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0910.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0910; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jonas Perez, Aerospace Engineer, Fort
Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, Texas 76177-
1524; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to M7 Aerospace LLC Models
SA26-AT and SA26-T airplanes. The NPRM published in the Federal
Register on October 14, 2020 (85 FR 64993). The NPRM was prompted by
reports of the airplane power lever linkage detaching from the TPE331
engine PPC shaft. In the NPRM, the FAA proposed to require repetitively
inspecting the PPC for proper torque and making any necessary
corrections until the replacement of the PPC assembly and the
installation of a secondary retention feature (safety wire) are done.
The FAA is issuing this AD to prevent uncommanded change to the engine
power settings with consequent loss of control.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. This AD is
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Honeywell International Inc. Service Bulletin
TPE331-72-2190, dated December 21, 2011, which contains procedures for
replacing or reworking the propeller pitch control assembly,
incorporating a threaded hole in the splined end of the shouldered
shaft, and reassembling the propeller pitch control assembly. Honeywell
International Inc. Service Bulletin TPE331-72-2190, dated December 21,
2011, was previously approved for IBR on May 5, 2017 (82 FR 15982,
March 31, 2017). This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

Other Related Service Information

    The FAA also reviewed paragraph j. of M7 Aerospace SA26 Series
Maintenance Manual Temporary Revision 4-02, dated July 22, 2020, which
contains information related to the installation of the secondary
retention feature (safety wire) on the airplane PPC lever and the PPC
assembly.

Costs of Compliance

    The FAA estimates that this AD affects 55 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Install secondary retention         1 work-hour x $85 per             $10             $95  $5,225.
 feature (safety wire).              hour = $85.
Inspect PPC lever.................  1 work-hour x $85 per               0              85  $4,675 per inspection
                                     hour = $85 per                                         cycle.
                                     inspection cycle.
Repair, replace, and/or rework PPC  19 work-hours x $85             1,000           2,615  $143,825.
 lever input shaft.                  per hour = $1,615.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any adjustment that
would be required based on the results of the inspection. The FAA has
no way of determining the number of aircraft that might need the
adjustment:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Correct attachment of the PPC lever...........  1 work-hour x $85 per hour = $85              $0             $85
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-01-02 M7 Aerospace LLC: Amendment 39-21378; Docket No. FAA-
2020-0910; Project Identifier 2018-CE-044-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective February 26,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to M7 Aerospace LLC Model SA26-AT and SA26-T
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 61, Propellers/
propulsors.

(e) Unsafe Condition

    This AD was prompted by reports of the airplane power lever
linkage detaching from the TPE331 engine propeller pitch control
(PPC) shaft. The FAA is issuing this AD to address detachment of the
power lever linkage to the TPE331 engine PPC shaft, which could
result in uncommanded change to the engine power settings with
consequent loss of control.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) PPC Lever Inspection

    (1) Within 100 hours time-in-service (TIS) after the effective
date of this AD and thereafter at intervals not to exceed 100 hours
TIS, inspect the security of the PPC lever by pulling the PPC lever
upward by hand to ensure it does not detach from the PPC input
shaft. If the PPC lever detaches during any inspection, before
further flight, comply with paragraphs (h) and (i) of this AD.
    (2) The replacement/re-identification required by paragraph (h)
of this AD and the installation of the secondary retention feature
(safety wire) required by paragraph (i) of this AD terminate the
repetitive inspections of the PPC lever attachment required by
paragraph (g)(1) of this AD.

(h) Replace and Inspect the PPC Assembly

    Within 600 hours TIS after the effective date of this AD or
within 12 months after the effective date of this AD, whichever
occurs first, unless required before further flight by paragraph
(g)(1) of this AD, do the actions in either paragraph (h)(1) or (2)
of this AD in accordance with the Accomplishment Instructions in
Honeywell International Inc. Service Bulletin TPE331-72-2190, dated
December 21, 2011, except you are not required to report information
to the manufacturer.
    (1) Replace the PPC assembly with the applicable new design PPC
assembly.
    (2) Inspect the splined end of the shouldered shaft for the
presence and condition of a threaded hole and, before further
flight, repair or replace the cam assembly or rework the PPC
assembly, as necessary, and re-identify the shouldered shaft.

(i) Secondary Retention Feature (Safety Wire)

    Before further flight after completing the actions required by
paragraph (h) of this AD, install the secondary retention feature
(safety wire) on the airplane PPC lever and the PPC assembly.

    Note 1 to paragraph (i): Paragraph j. of M7 Aerospace SA26
Series Maintenance Manual Temporary Revision 4-02, dated July 22,
2020, contains information related to installation of the secondary
retention feature (safety wire).

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Small Airplane
Standards Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to the attention of the person identified in
paragraph (k)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Jonas Perez,
Aerospace Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood
Parkway, Fort Worth, Texas 76177-1524; phone:<PHONE_NUMBER>; fax:
817-222-5960; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 5, 2017 (82 FR 15982, March 31, 2017).
    (i) Honeywell International Inc. Service Bulletin TPE331-72-
2190, dated December 21, 2011.
    (ii) [Reserved]
    (4) For Honeywell service information identified in this AD,
contact Honeywell International Inc., 111 S 34th Street, Phoenix,
Arizona 85034-2802; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>internet: https://aerospace.honeywell.com/en/services/maintenance-and-monitoring.
    (5) You may view this service information at FAA, FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 28, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-01332 Filed 1-21-21; 8:45 am]
BILLING CODE 4910-13-P