[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10253-10258]
[FR Doc No: 2011-4129]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Docket ID FEMA-2010-0003

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                        * Elevation in
                                                                        feet (NGVD)  +
                                                                      Elevation in feet
                                                                      (NAVD)
          Flooding source(s)               Location of referenced       Depth in feet      Communities affected
                                                 elevation               above ground
                                                                      [caret] Elevation
                                                                       in  meters (MSL)
                                                                           Modified
----------------------------------------------------------------------------------------------------------------
                            Matanuska-Susitna Borough, Alaska, and Incorporated Areas
                                             Docket No.: FEMA-B-1087
----------------------------------------------------------------------------------------------------------------
Susitna River........................  Approximately 11 miles                      +336  Borough of Matanuska-
                                        northwest of the                                  Susitna.
                                        intersection of Talkeetna
                                        Road and Comsat Road.
                                       Approximately 1,100 feet                    +355
                                        downstream of the confluence
                                        with the Chulitna River.
Talkeetna River......................  Approximately 900 feet                      +348  Borough of Matanuska-
                                        downstream of the railroad                        Susitna.
                                        bridge north of Talkeetna.
                                       Approximately 400 feet                      +394
                                        downstream of the confluence
                                        of Whiskey Slough.
Twister Creek........................  Just downstream of South                    +345  Borough of Matanuska-
                                        Talkeetna Road Spur.                              Susitna.
                                       At the divergence from                      +381
                                        Talkeetna River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
Borough of Matanuska-Susitna
Maps are available for inspection at 350 East Dahlia Avenue, Palmer, AK 99645.
----------------------------------------------------------------------------------------------------------------
                                Carroll County, Arkansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1066
----------------------------------------------------------------------------------------------------------------
Leatherwood Creek....................  Approximately 0.61 mile                    +1109  City of Eureka Springs,
                                        upstream of Magnetic Road.                        Unincorporated Areas
                                                                                of Carroll County.
----------------------------------------------------------------------------------------------------------------
                                       Approximately 1,250 feet                   +1131
                                        upstream of Magnetic Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Eureka Springs
Maps are available for inspection at City Hall, 44 South Main Street, Eureka Springs, AR 72632.

                                     Unincorporated Areas of Carroll County
Maps are available for inspection at the Carroll County Courthouse, 210 West Church Street, Berryville, AR
 72616.
----------------------------------------------------------------------------------------------------------------
                               Vanderburgh County, Indiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1080
----------------------------------------------------------------------------------------------------------------
Bluegrass Creek......................  At Heckel Road...............               +384  Unincorporated Areas of
                                                                                Vanderburgh County.
                                       Approximately 1.5 miles                     +387
                                        upstream of Boonville-New
                                        Harmony Road.
Crawford-Brandeis Ditch..............  Just upstream of Norfolk                    +386  Unincorporated Areas of
                                        Southern Railroad.                                Vanderburgh County.
Dry Run Lower........................  At the confluence with Pigeon               +378  City of Evansville.
                                        Creek.
                                       Approximately 100 feet                      +381
                                        upstream of 1st Avenue.
Dry Run Upper........................  At the confluence with Dry                  +378  City of Evansville.
                                        Run Lower.
                                       Approximately 0.3 mile                      +407
                                        upstream of Cross Gate Drive.
Greenbriar Hills Tributary...........  Approximately 600 feet                      +381  Unincorporated Areas of
                                        upstream of the confluence                        Vanderburgh County.
                                        with Little Pigeon Creek.
                                       Approximately 800 feet                      +413
                                        upstream of Greendale Drive.
Harper Ditch.........................  At the confluence with Hirsch               +381  City of Evansville.
                                        Ditch.

                                       At the confluence with Pigeon               +381
                                        Creek.
Hirsch Ditch.........................  At the confluence with Harper               +381  City of Evansville,
                                        Ditch.                                            Unincorporated Areas
                                                                                of Vanderburgh County.
                                       At the confluence with                      +386
                                        Crawford-Brandeis, Lockwood,
                                        and Stockfleith Ditches.
Little Pigeon Creek..................  At the confluence with Pigeon               +378  City of Evansville,
                                        Creek.                                            Unincorporated Areas
                                                                                of Vanderburgh County.
                                       Approximately 2,250 feet                    +378
                                        upstream of the confluence
                                        with Pigeon Creek.
Lockwood Ditch.......................  At the confluence of Crawford-              +386  Unincorporated Areas of
                                        Brandeis, Stockfleith, and                        Vanderburgh County.
                                        Hirsch Ditches.
                                       At the county boundary.......               +387
Mill Road Tributary..................  At the confluence with Little               +378  City of Evansville.
                                        Pigeon Creek.
                                       Approximately 725 feet                      +407
                                        upstream of Inwood Drive.
Nurenbern Ditch......................  At the confluence with                      +387  Unincorporated Areas of
                                        Lockwood Ditch.                                   Vanderburgh County.
                                       At State Road 66.............               +389
Ohio River...........................  Approximately 7.3 miles                     +374  City of Evansville,
                                        upstream of the Posey County                      Unincorporated Areas
                                        boundary (extended).                              of Vanderburgh County.
                                       Approximately 1.5 miles                     +381
                                        downstream of the Warrick
                                        County boundary (extended).
Pigeon Creek.........................  Approximately 1,200 feet                    +378  City of Evansville,
                                        downstream of North Fulton                        Unincorporated Areas
                                        Avenue.                                           of Vanderburgh County.
                                       At Green River Road..........               +383
Schlensker Ditch.....................  At Green River Road..........               +389  Unincorporated Areas of
                                                                                Vanderburgh County.
                                       Approximately 2,000 feet                    +441
                                        upstream of Browning Road.
Schlensker Ditch Tributary...........  At the confluence with                      +405  Unincorporated Areas of
                                        Schlensker Ditch.                                 Vanderburgh County.
                                       Approximately 0.5 mile                      +409
                                        upstream of the confluence
                                        with Schlensker Ditch.
Stockfleith Ditch....................  At the confluence with                      +386  Unincorporated Areas of
                                        Hirsch, Lockwood, and                             Vanderburgh County.
                                        Crawford-Brandeis Ditches.
                                       At State Road 66.............               +388
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Evansville
Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1
 Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708.

                                   Unincorporated Areas of Vanderburgh County
Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1
 Northwest Martin Luther King Jr. Boulevard, Room 310, Evansville, IN 47708.
----------------------------------------------------------------------------------------------------------------
                                  Marion County, Kansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1087
----------------------------------------------------------------------------------------------------------------
Clear Creek..........................  At the confluence with Mud                 +1319  Unincorporated Areas of
                                        Creek.                                            Marion County.
                                       Approximately 250 feet                     +1319
                                        upstream of Cedar Street.
Cottonwood River.....................  Approximately 1,100 feet                   +1272  Unincorporated Areas of
                                        downstream of 5th Street.                         Marion County.
                                       Approximately 775 feet                     +1316
                                        upstream of West Main Street.
Cottonwood River Tributary...........  Approximately 1,100 feet                   +1307  Unincorporated Areas of
                                        upstream of Upland Road.                          Marion County.
                                       Approximately 1,200 feet                   +1322
                                        upstream of Tanglewood
                                        Street.
Doyle Creek..........................  Approximately 1.1 miles                    +1272  City of Marion,
                                        downstream of 105th Street.                       Unincorporated Areas
                                                                                of Marion County.
                                       Approximately 0.7 mile                     +1367
                                        upstream of Maple Street.

Mud Creek............................  Approximately 1,000 feet                   +1316  City of Marion,
                                        upstream of the confluence                        Unincorporated Areas
                                        with Cottonwood Creek.                            of Marion County.
                                       Approximately 1,200 feet                   +1319
                                        upstream of the confluence
                                        with Clear Creek.
Old Mud Creek Channel................  Approximately 1,100 feet                   +1299  City of Marion,
                                        downstream of Commercial                          Unincorporated Areas
                                        Street.                                           of Marion County.
                                       Approximately 1.6 miles                    +1300
                                        upstream of Main Street.
Old Mud Creek Channel Tributary......  At the confluence with Old                 +1299  City of Marion.
                                        Mud Creek Channel.
                                       At West Santa Fe Street......              +1304
Prairie Creek........................  At the confluence with Doyle               +1356  Unincorporated Areas of
                                        Creek.                                            Marion County.
                                       Approximately 0.7 mile                     +1390
                                        upstream of Old Mill Road.
Spring Creek.........................  At Peabody Street............              +1368  Unincorporated Areas of
                                                                                Marion County.
                                       Approximately 1,325 feet                   +1377
                                        upstream of 70th Street.
Tributary to Cottonwood River........  Approximately 1,375 feet                   +1299  City of Marion.
                                        downstream of West Main
                                        Street.
                                       Approximately 75 feet                      +1299
                                        downstream of West Main
                                        Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Marion
Maps are available for inspection at City Hall, 208 East Sante Fe Street, Marion, KS 66861.

                                      Unincorporated Areas of Marion County
Maps are available for inspection at the Marion County Courthouse, 200 South 3rd Street, Marion, KS 66861.
----------------------------------------------------------------------------------------------------------------
                                Simpson County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1066
----------------------------------------------------------------------------------------------------------------
Webb Branch..........................  Just downstream of KY-1008                  +660  City of Franklin,
                                        (Industrial Bypass).                              Unincorporated Areas
                                                                                of Simpson County.
                                       Approximately 0.4 mile                      +736
                                        upstream of Witt Road.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Franklin
Maps are available for inspection at 117 West Cedar Street, Franklin, KY 42135.

                                     Unincorporated Areas of Simpson County
Maps are available for inspection at 100 Main Street, Franklin, KY 42135.
----------------------------------------------------------------------------------------------------------------
                                 Allen Parish, Louisana, and Incorporated Areas
                                             Docket No.: FEMA-B-1040
----------------------------------------------------------------------------------------------------------------
Beaver Creek.........................  Approximately 7,218 feet                    +117  City of Oakdale.
                                        downstream of 16th Street.
                                       Approximately 575 feet                      +119
                                        downstream of 16th Street.
Bunch Creek..........................  At Martin Tram Road..........                +37  Unincorporated Areas of
                                                                                Allen Parish.
                                       Approximately 3,097 feet                     +38
                                        upstream of U.S. Route 190.
Calcasieu River......................  Approximately 341 feet                      +106  City of Oakdale.
                                        upstream of the confluence
                                        with unnamed creek.
                                       At the intersection of                      +107
                                        unnamed creek and Union
                                        Pacific Railroad.
Gilley Gully.........................  Approximately 1,539 feet                     +35  Unincorporated Areas of
                                        downstream of Martin Tram                         Allen Parish.
                                        Road.
                                       Approximately 4,613 feet                     +36
                                        upstream of Martin Tram Road.
Whisky Chitto Creek..................  Approximately 10,369 feet                    +41  Unincorporated Areas of
                                        upstream of the confluence                        Allen Parish.
                                        with the Calcasieu River.

                                       Approximately 6,544 feet                     +41
                                        upstream of the confluence
                                        with the Calcasieu River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Oakdale
Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463.

                                      Unincorporated Areas of Allen Parish
Maps are available for inspection at the Allen Parish Police Jury, 602 Court Street, Oberlin, LA 70655.
----------------------------------------------------------------------------------------------------------------
                                 Barton County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1075
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North Fork Spring River..............  Approximately 6,200 feet                    +935  City of Lamar Heights,
                                        downstream of the City of                         Unincorporated Areas
                                        Lamar Heights corporate                           of Barton County.
                                        limits.
                                       Approximately 600 feet                      +942
                                        upstream of the City of
                                        Lamar corporate limits.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Lamar Heights
Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759.

                                      Unincorporated Areas of Barton County
Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759.
----------------------------------------------------------------------------------------------------------------
                                   Greene County, Ohio, and Incorporated Areas
                                     Docket No.: FEMA-B-1012 and FEMA-B-1085
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Possum Run...........................  Approximately 900 feet                      +931  City of Centerville.
                                        downstream of Wilmington
                                        Pike.
                                       At the confluence of                        +940
                                        Wilmington Pike North Branch.
Shawnee Park Tributary...............  Approximately 0.80 mile                     +924  City of Xenia,
                                        upstream of Monroe Drive.                         Unincorporated Areas
                                                                                of Greene County.
                                       Just downstream of U.S. Route               +943
                                        42.
South Fork Massies Creek.............  Approximately 0.53 mile                    +1041  Unincorporated Areas of
                                        upstream of the railroad.                         Greene County.
                                       Approximately 240 feet                     +1050
                                        downstream of Weimer Road.
Yellow Springs Creek.................  Approximately 0.8 mile                      +886  Village of Yellow
                                        upstream of Grinnell Road.                        Springs
                                       Approximately 0.7 mile                      +905
                                        downstream of Fairfield Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Centerville
Maps are available for inspection at the Municipal Building, 100 West Spring Valley Road, Centerville, OH 45458.

City of Xenia
Maps are available for inspection at City Hall, 101 North Detroit Street, Xenia, OH 45385.

                                      Unincorporated Areas of Greene County
Maps are available for inspection at the Greene County Building Regulations, 667 Dayton-Xenia Road, Xenia, OH
 45385.

Village of Yellow Springs
Maps are available for inspection at 100 Dayton Street, Yellow Springs, OH 45387.
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                                  Hopkins County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1091
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Coleman Creek........................  Approximately 0.56 mile                     +437  Unincorporated Areas of
                                        upstream of State Highway 19.                     Hopkins County.
                                       Approximately 600 feet                      +445
                                        upstream of State Highway 19.

Gena Creek...........................  Just upstream of FM Road 1870               +440  Unincorporated Areas of
                                                                                Hopkins County.
                                       Approximately 1.04 miles                    +457
                                        upstream of FM Road 1870.
Rock Creek...........................  Just downstream of unnamed                  +421  Unincorporated Areas of
                                        railroad.                                         Hopkins County.
                                       Approximately 500 feet                      +476
                                        upstream of Holiday Drive.
Turtle Creek.........................  Just upstream of State                      +481  Unincorporated Areas of
                                        Highway 11.                                       Hopkins County.
                                       Just upstream of unnamed                    +494
                                        railroad.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
                                     Unincorporated Areas of Hopkins County
Maps are available for inspection at the Hopkins County Courthouse, 118 Church Street, Sulphur Springs, TX
 75483.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 8, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-4129 Filed 2-23-11; 8:45 am]
BILLING CODE 9110-12-P


The following is a summary of E.T.I.'s Ballast Water Discharge Treatment
System’s (BWDTS) unique features and attributes:

I)	The system treats the Ballast Water utilizing Ozone & Sonic Energy.

IIa)	The system treats the Ballast Water only upon discharge.

IIb)	The system does not have any of the intake or in-tank
treatment sediment issues, as Captain Phil Jenkins has pointed out
in various presentations/papers.

III)        The system does not create nor have any chemical residual
issues; nor does it create any

potential damage to the environment.

IV)       The system's performance is not affected by the Ballast
Water temp/salinity/PH/turbidity.

Va)      The system does not have any filtrate issues, because
it does not rely upon filtration equipment

as part of the treatment system.

Vb)      The system's optimum performance is enhanced if improved
filtration is done upon the Ballast

Water intake.

VIa)     The system does not require storage of any chemicals, gas,
or other substances.

VIb)     The system utilizes compressed air to generate
O2, which is used in the generation of O3.

VII)      The system's only 2 main components are the O3
Generation Sys and the Sonic Sys.

VIIIa)   The system utilizes off-the-shelf components, with service
available around the world.

VIIIb)   The system has no moving parts; thus, it's maintenance is
minimal.

IX)      The system will not affect the Deballasting operation, normal
shipboard operations.

Xa)      The system's installation does not require the Ship to be
in dry dock.

Xb)      The system requires a bypass loop with valves, out of and
back into the Ballast Discharge

Pipe(s), as the major part of the installation.

Xc)       The system's remaining components are fully
factory assembled; wiring and piping connections

are all that are required.

XI)       The system is fully automated and PLC controlled for
easy shipboard operation.

XII)      The system has an optional real-time, on-line satellite
transmitted data collection, operation, and

trouble-shooting systemcalled"BallastWatch" for monitoring
compliance regulations.

XIII)     The system is rugged and designed for shipboard operation.

XIV)    The system is safe, reliable and ship friendly.

XV)     The system does not affect the structural integrity of the ship.

           This system is designed to meet all current and
future IMO effectiveness standards.

Also, the following is a summary of E.T.I.'s Ballast Water Discharge
Treatment System’s (BWDTS) cost, space and power requirements:

I)          The 6,000 GPM (max) system per Ballast Pump costs
approx. $500,000.00, not including

	installation.  Installation costs will of course, vary from ship to
ship.

IIa)       The system's treatment space requirement, per ballast
pump, is a 20' long x 3' wide x 8' tall

space located in the Ballast Discharge area.

IIb)       The system's remaining components can be installed in
that area or anywhere within 100 feet of

that area.

IIc)       The system, installed all together in one area, would
require a space 20' long x 8' wide x 8' high

per Ballast Pump.

IIIa)     The system's power requirement to operate is 100 KW.

IIIb)     The system's cost to operate is only the cost of the
above power required.

IV)      The system is available in 14 - 16 weeks after receipt of
order. However, this can be expedited.

Please advise if you require any additional information, or have any
questions, or comments.


[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Notices]
[Page 1212]
[DOCID:fr12ja09-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-24-000]

Petition for Waiver of National Grid USA; Notice of Filing

January 6, 2009.
    Take notice that on December 17, 2008, pursuant to Rule 207(a)(5)
of the Rules of Practice and Procedure of the Federal Energy Regulatory
Commission, National Grid USA hereby submits this petition for waiver
of certain of the Commission's pricing rules for affiliate transactions
established in Order Nos. 707 and 707-A.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm Eastern Time on January 14, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-336 Filed 1-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Rules and Regulations]
[Pages 20411-20413]
[FR Doc No: 2020-07647]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0985; Product Identifier 2019-NM-183-AD; Amendment
39-19891; AD 2020-07-12]
RIN 2120-AA64

Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500
airplanes. This AD was prompted by a report of interference between
bonding braid screws and pitch tab control rods on the ATR final
assembly line. This AD requires an inspection of the bonding braid
screws for proper installation, a detailed inspection for damage to the
pitch tab control rods if necessary, and replacement of the pitch tab
control rods if necessary, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 18, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 18,
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0985.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0985; 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, the regulatory evaluation, 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: Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0262, dated October 22, 2019
(``EASA AD 2019-0262'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain ATR--GIE Avions
de Transport R[eacute]gional Model ATR42-500 airplanes. The NPRM
published in the Federal Register on December 19, 2019 (84 FR 69662).
The NPRM was prompted by a report of interference between bonding braid
screws and pitch tab control rods on the ATR final assembly line. The
NPRM proposed to require an inspection of the bonding braid screws for
proper installation, a detailed inspection for damage to the pitch tab
control rods if necessary, and replacement of the pitch tab control
rods if necessary.
    The FAA is issuing this AD to address interference between bonding
braid screws and pitch tab control rods, which could lead to failure of
the rods and tab disconnection, possibly resulting in reduced control
of the airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to the comment.

Request To Allow Credit for Work Done Using Alternative Service
Information

    Silver Airways requested credit for accomplishment of the proposed
requirements on its current fleet of affected ATR42 airplanes using
alternative service information, i.e., by accomplishment of ATR All
Operator Message (AOM) 2019/09, Issue 2, and compliance with ATR
Service Bulletin ATR42-27-0112, dated August 6, 2019, referencing EASA
AD 2019-0262.
    The FAA disagrees with the request because the commenter provided
no justification. The FAA has determined that in order to address the
identified unsafe condition, operators must comply with the
requirements of EASA AD 2019-0262, except as specified in paragraph (h)
of this AD. EASA AD 2019-0262 specifies only ATR Service Bulletin
ATR42-27-0112 for compliance actions, and it does not specify an AOM.
However, under the provisions of paragraph (j) of this AD, the FAA will
consider requests for approval to use alternative service information
if sufficient data are submitted to substantiate that the actions
specified in the alternative service information would provide an
acceptable level of safety. The FAA has not changed this AD with regard
to this request.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0262 describes procedures for inspecting the bonding
braid screws for proper installation, doing a detailed inspection for
damage of the pitch tab control rods, and replacing the pitch tab
control rods. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 3 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $255
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......         $11,940          $12,025
------------------------------------------------------------------------

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.

Adoption of 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 (AD):

2020-07-12 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-19891; Docket No. FAA-2019-0985; Product Identifier 2019-NM-183-
AD.

(a) Effective Date

    This AD is effective May 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 airplanes, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2019-
0262, dated October 22, 2019 (``EASA AD 2019-0262'').

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a report of interference between bonding
braid screws and pitch tab control rods on the ATR final assembly
line. The FAA is issuing this AD to address interference between
bonding braid screws and pitch tab control rods, which could lead to
failure of the rods and tab disconnection, possibly resulting in
reduced control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and

compliance times specified in, and in accordance with, EASA AD 2019-
0262.

(h) Exceptions to EASA AD 2019-0262

    (1) Where EASA AD 2019-0262 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0262 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0262
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport 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 International Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or ATR--GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.

(k) Related Information

    For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0262,
dated October 22, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0262, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0985.
    (5) You may view this material 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 April 3, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-07647 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Rules and Regulations]
[Pages 77909-77913]
[FR Doc No: 2011-32179]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2010-0672; FRL-9507-6]
RIN 2060-AQ39

Protection of Stratospheric Ozone: Extension of the Laboratory
and Analytical Use Exemption for Essential Class I Ozone-Depleting
Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is extending the laboratory and analytical use exemption
for the production and import of Class I ozone-depleting substances
through December 31, 2014. This action is taken under the Clean Air Act
consistent with the recent actions by the Parties to the Montreal
Protocol on Substances that Deplete the Ozone Layer. The exemption
allows the production and import of controlled substances in the United
States for laboratory and analytical uses that have not been already
identified by EPA as nonessential.

DATES: This action is effective on December 15, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2010-0672. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air and Radiation Docket is<PHONE_NUMBER>).

FOR FURTHER INFORMATION CONTACT: Jeremy Arling by regular mail: U.S.
Environmental Protection Agency, Stratospheric Protection Division
(6205J), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by courier
service or overnight express: 1301 L Street NW., Washington, DC 20005;
by telephone:<PHONE_NUMBER>; or by email<EMAIL_ADDRESS>You
may also visit the EPA's Ozone Protection Web site at http://www.epa.gov/ozone/strathome.html for further information about EPA's
Stratospheric Ozone Protection regulations, the science of ozone layer
depletion, and other related topics.

SUPPLEMENTARY INFORMATION: Section 553(d) of the Administrative
Procedure Act (APA), 5 U.S.C. Chapter 5, generally

provides that rules may not take effect earlier than 30 days after they
are published in the Federal Register. EPA is issuing this final rule
under section 307(d)(1) of the Clean Air Act, which states: ``The
provisions of section 553 through 557 * * * of Title 5 shall not,
except as expressly provided in this section, apply to actions to which
this subsection applies.'' Thus, section 553(d) of the APA does not
apply to this rule. EPA is nevertheless acting consistently with the
policies underlying APA section 553(d) in making this rule effective on
December 15, 2011. APA section 553(d) allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' As explained below,
EPA finds that there is good cause for this rule to become effective on
December 15, 2011, even though this results in an effective date fewer
than 30 days from the date of publication in the Federal Register. The
purpose of the 30-day waiting period prescribed in APA section 553(d)
is to give affected parties a reasonable time to adjust their behavior
and prepare before the final rule takes effect. This final rule extends
an exemption from the phaseout of class I ozone depleting substances
for limited laboratory and analytical uses that is set to expire on
December 31, 2011. A shorter effective date in such circumstances is
consistent with the purposes of APA section 553(d), which provides an
exception for any action that grants or recognizes an exemption or
relieves a restriction. Accordingly, we find good cause exists to make
this rule effective December 15, 2011.

Table of Contents

I. Extension of the Laboratory and Analytical Use Exemption
II. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Extension of the Laboratory and Analytical Use Exemption

    The Montreal Protocol on Substances that Deplete the Ozone Layer
(Montreal Protocol, or Protocol) is the international agreement to
reduce and eventually eliminate the global production and consumption
\1\ of ozone-depleting substances (ODS). This goal is accomplished
through adherence by each country that is a Party to the Montreal
Protocol to phaseout schedules for specific controlled substances. The
Protocol established January 1, 1996, as the date by which the
production and import of most Class I controlled substances--including
chlorofluorocarbons (CFCs), carbon tetrachloride, and methyl chloroform
\2\--were phased out in developed countries, including the United
States. The Clean Air Act grants EPA the authority to implement the
Protocol's phaseout schedules in the United States. Section 604 of the
Clean Air Act requires EPA to promulgate regulations phasing out
production and consumption of Class I ODS according to a prescribed
schedule. EPA's phaseout regulations for ODS are codified at 40 CFR
part 82, subpart A.
---------------------------------------------------------------------------

    \1\ ``Consumption'' is defined as the amount of a substance
produced in the United States, plus the amount imported into the
United States, minus the amount exported from the United States to
other Parties to the Montreal Protocol (see Section 601(6) of the
Clean Air Act).
    \2\ Class I controlled substances are listed at 40 CFR part 82,
subpart A, Appendix A.
---------------------------------------------------------------------------

    The Montreal Protocol provides exemptions that allow for the
continued import and/or production of ODSs for specific uses. Under the
Montreal Protocol, for most Class I ODSs, the Parties may collectively
grant exemptions to the ban on production and import of ODS for uses
that they determine to be ``essential.'' For example, with respect to
CFCs, Article 2A(4) provides that the phaseout will apply ``save to the
extent that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be
essential.'' Similar language appears in the control provisions for
halons (Art. 2B), carbon tetrachloride (Art. 2D), methyl chloroform
(Art. 2E), hydrobromofluorocarbons (Art. 2G), and chlorobromomethane
(Art. 2I). As defined by Decision IV/25 of the Parties, ``use of a
controlled substance should qualify as `essential' only if: ``(i) It is
necessary for the health, safety or is critical for the functioning of
society (encompassing cultural and intellectual aspects); and (ii)
there are no available technically and economically feasible
alternatives or substitutes that are acceptable from the standpoint of
environment and health.''
    Decision X/19 under the Montreal Protocol (taken in 1998) allowed a
general exemption for essential laboratory and analytical uses through
December 31, 2005. EPA codified this exemption at 40 CFR part 82,
subpart A. While the Clean Air Act does not specifically provide for
this exemption, EPA determined that an exemption for essential
laboratory and analytical uses was allowable under the Act as a de
minimis exemption. EPA addressed the de minimis exemption in a
regulation issued March 13, 2001 (66 FR 14760).
    Decision X/19 also requested the Montreal Protocol's Technology and
Economic Assessment Panel (TEAP), a group of technical experts from
various Parties, to report annually to the Parties to the Montreal
Protocol on laboratory and analytical procedures that could be
performed without the use of controlled substances. It further stated
that at future Meetings of the Parties (MOPs), the Parties would decide
whether such procedures should no longer be eligible for exemptions.
Based on the TEAP's recommendation, the Parties to the Montreal
Protocol decided in 1999 (Decision XI/15) that the general exemption no
longer applied to the following uses: Testing of oil and grease and
total petroleum hydrocarbons in water; Testing of tar in road-paving
materials; and forensic finger-printing. EPA incorporated these
exclusions at Appendix G to subpart A of 40 CFR part 82 on February 11,
2002 (67 FR 6352).
    At the 18th MOP, the Parties acknowledged the need for methyl
bromide for laboratory and analytical procedures, and added methyl
bromide to the ODSs under the essential laboratory and analytical use
exemption. Decision XVIII/15 outlined specific uses and exclusions for
methyl bromide under the exemption. EPA incorporated specific uses of
methyl bromide in the essential laboratory and analytical use exemption
at Appendix G to subpart A of 40 CFR part 82 on December 27, 2007 (72
FR 73264).
    In November 2009, at the 21st MOP, the Parties in Decision XXI/6
extended the global laboratory and analytical use exemption through
December 31, 2014. Decision XXI/6 also notes laboratory and analytical
uses of ODSs for which the TEAP and its Chemicals Technical Options
Committee (CTOC), determined that alternative procedures exist.
However, the Parties did not exclude any of those procedures from the
exemption for laboratory and analytical uses. The Parties asked the
TEAP and the CTOC to continue to consider

possible alternatives and report back to the Parties.
    EPA's regulations regarding this exemption at 40 CFR 82.8(b)
currently state, ``A global exemption for Class I controlled substances
for essential laboratory and analytical uses shall be in effect through
December 31, 2011, subject to the restrictions in appendix G of this
subpart, and subject to the recordkeeping and reporting requirements at
Sec.  82.13(u) through (x). There is no amount specified for this
exemption.'' Because certain laboratory procedures continue to require
the use of Class I substances in the United States, because non-ODS
replacements for the Class I substances have not been identified for
all uses, and because the Parties, via Decision XXI/6, extended this
exemption through December 31, 2014, EPA proposed to revise 40 CFR
82.8(b) to reflect the extension of the exemption to December 31, 2014.
The EPA received two comments in total on the proposed rule, including
the proposal to adopt the Parties' extension, one from a corporation
(the company commenter) and one from a laboratory. The company
commenter supported the proposed extension of the global laboratory use
exemption through December 31, 2014, while the other commenter
supported the extension insofar as it applied to the use of carbon
tetrachloride. For a more detailed discussion of the reasons for the
exemption, refer to the regulation issued March 13, 2001 (66 FR 14760).
That rule discusses how the controls in place for laboratory and
analytical uses provide adequate assurance that very little, if any,
environmental damage will result from the handling and disposal of the
small amounts of Class I ODS used in such applications, due to the
Appendix G requirements for small quantity and high purity. In the
decade since EPA issued the exemption, EPA and has not received
information that would suggest otherwise.
    In the proposed rule, EPA also sought comment on adding to the list
of procedures that are excluded from the exemption under 40 CFR part
82, appendix G. EPA did not propose to add these procedures at this
time. The following uses are noted in Decision XXI/6 as being
laboratory and analytical procedures for which the TEAP and its CTOC
have concluded that alternatives exist:

    (a) Analyses in which the ODS is used as a solvent for
spectroscopic measurements:
    (i) Of hydrocarbons (oil and grease) in water or soil;
    (ii) Of simethicone (polydimethylsiloxane);
    (iii) When recording infrared and nuclear magnetic resonance
(NMR) spectra, including hydroxyl index.
    (b) Analyses in which the ODS is used as a solvent for
electrochemical methods of analysis of:
    (i) Cyanocobalamin;
    (ii) Bromine index.
    (c) Analyses involving selective solubility in the ODS of:
    (i) Cascarosides;
    (ii) Thyroid extracts;
    (iii) Polymers.
    (d) Analyses in which the ODS is used to preconcentrate the
analyte, for:
    (i) Liquid chromatography (HPLC) of drugs and pesticides;
    (ii) Gas chromatography of organic chemicals such as steroids;
    (iii) Adsorption chromatography of organic chemicals.
    (e) Titration of iodine with thiosulfate (iodometric analyses)
for determination of:
    (i) Iodine;
    (ii) Copper;
    (iii) Arsenic;
    (iv) Sulphur.
    (f) Iodine and bromine index measurements (titrations).
    (g) Miscellaneous analyses, namely:
    (i) Stiffness of leather;
    (ii) Jellification point;
    (iii) Specific weight of cement;
    (iv) Gas mask cartridge breakthrough.
    (h) Use of ODS as a solvent in organic chemical reactions:
    (i) O- and N-difluoromethylation.
    (i) General use as laboratory solvent, namely:
    (i) Washing of NMR tubes;
    (ii) Removal of greases from glassware.

    EPA sought comment on whether alternative procedures exist in the
United States for each of these laboratory applications. EPA received
comments from the same two commenters noted above regarding the use of
carbon tetrachloride (CTC), which is an ODS, in analyses under section
(a)(iii) of Decision XXI/6, which analyses are described above. Due to
its unique properties (e.g. lack of carbon-hydrogen bonds, small but
non-zero solubility), the commenters stated that CTC is used as a
solvent in certain analytical measurements.
    The company commenter stated that the procedures listed in section
(a)(iii) of Decision XXI/6 are standard spectroscopic procedures for
which CTC is not required. Therefore, the commenter does not oppose the
exclusion of those procedures from the exemption. The commenter did
describe its own current use of the chemical for a proprietary method
of hydroxyl analysis that does not fall under the analysis listed in
section (a)(iii) and for which CTC would still be required.
    The laboratory commenter also discussed CTC's unique properties and
commented that the continued use of CTC as a solvent is essential for
some of the uses listed in section (a)(iii) of Decision XXI/6. It
interpreted the Decision language quoted above as proposed regulatory
language and requested that the following line be added to the
potential exclusion that appears in paragraph (a)(iii) of the Decision:
``Research applications for which there are no effective alternate
solvents for carbon tetrachloride are not prohibited.''
    EPA did not propose to remove any of these procedures from the list
of exempted uses of ODS and is not taking action in this final rule.
However, EPA continues to be interested in laboratory uses of ODS for
which there are no effective alternatives since this issue continues to
be discussed by the Parties to the Protocol.

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under Executive Order 12866 and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This action extends the existing laboratory and analytical use
exemption allowing the production and import of Class I ozone-depleting
substances until December 31, 2014. The Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations at 40 CFR 82.8(a) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0170. The OMB control numbers for
EPA's regulations in 40 CFR part 82 are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.

    For purposes of assessing the impact of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(2) pharmaceutical preparations manufacturing businesses (NAICS code
325412) that have fewer than 750 employees; (3) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(4) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    This action provides an otherwise unavailable benefit to those
companies that obtain ozone-depleting substances under the essential
laboratory and analytical use exemption. We have therefore concluded
that today's rule will relieve regulatory burden for all small
entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. This action merely extends
the essential laboratory and analytical use exemption from the 1996 and
2005 phaseouts of Class I ODS until December 31, 2014. Therefore, this
action is not subject to the requirements of sections 202 or 205 of the
UMRA. This action is also not subject to the requirements of section
203 of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action merely extends the
essential laboratory and analytical use exemption from the 1996 and
2005 phaseouts of Class I ODS until December 31, 2014. Thus, Executive
Order 13132 does not apply to this action. In the spirit of Executive
Order 13132, and consistent with EPA policy to promote communications
between EPA and State and local governments, EPA specifically solicited
comment on this action from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule does
not significantly or uniquely affect the communities of Indian tribal
governments, nor does it impose any enforceable duties on communities
of Indian tribal governments. This action merely extends the essential
laboratory and analytical use exemption from the 1996 and 2005
phaseouts of Class I ODS until December 31, 2014. Thus, Executive Order
13175 does not apply to this action. EPA specifically solicited comment
on this action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. This rule does
not pertain to any segment of the energy production economy nor does it
regulate any manner of energy use. Therefore, we have concluded that
this rule does not have any adverse energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rule does not involve technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it will not affect the level of
protection provided to human health or the environment. The controls in
place for laboratory and analytical uses provide adequate assurance
that very little, if any, environmental impact will result from the
handling and disposal of the small amounts of Class I ODS used in such
applications.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A ``major rule,''
as defined by 5 U.S.C. 804(2), cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule.'' This rule will be effective January 1, 2012.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons, Imports, Methyl
chloroform, Ozone, Reporting and recordkeeping requirements.

    Dated: December 9, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, 40 CFR part 82 is amended
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7601, 7671-7671q.

0
2. Section 82.8 is amended by revising paragraph (b) to read as
follows:

Sec.  82.8  Grant of essential use allowances and critical use
allowances.

* * * * *
    (b) A global exemption for class I controlled substances for
essential laboratory and analytical uses shall be in effect through
December 31, 2014, subject to the restrictions in appendix G of this
subpart, and subject to the recordkeeping and reporting requirements at
Sec.  82.13(u) through (x). There is no amount specified for this
exemption.
* * * * *
[FR Doc. 2011-32179 Filed 12-14-11; 8:45 am]
BILLING CODE 6560-50-P


MEMORANDUM

To:		Rochelle Boyd, U.S. Environmental Protection Agency, OAQPS

From:		Mark Bahner and David Green, RTI

Date:		January 4, 2012

Subject:	Draft Technology Review for the Secondary Aluminum Production
Source Category

Background

Requirements of Section 112(d)(6) of the CAA

Section 112 of the CAA requires EPA to establish technology-based
standards for sources of HAP. These standards are often referred to as
maximum achievable control technology, or MACT standards. Section 112
also contains provisions requiring EPA to periodically revisit these
standards. Specifically, paragraph 112(d)(6) states:

(6) REVIEW AND REVISION. – The Administrator shall review, and revise
as necessary (taking into account developments in practices, processes,
and control technologies), emissions standards promulgated under this
section no less often than every 8 years.

Description of the Secondary Aluminum Production Source Category and
Requirements of the Current NESHAP

The current National Emissions Standards for Hazardous Air Pollutants
(NESHAP) for the Secondary Aluminum Production source category was
promulgated on March 23, 2000  (65 FR 1690) as 40 CFR part 63, subpart
RRR. The rule was amended at 67 FR 79814, December, 30, 2002; 69 FR
18803, April 9, 2004; 69 FR 53984, September 3, 2004; 70 FR 75346,
October 3, 2005; and 70 FR 57517, December 19, 2005. The NESHAP applies
to affected sources of HAP emissions at secondary aluminum production
facilities. A secondary aluminum production facility is defined as any
establishment using clean charge, aluminum scrap, or dross from aluminum
production, as the raw material and performing one or more of the
following processes: scrap shredding, scrap
drying/delacquering/decoating, thermal chip drying, furnace operations
(i.e., melting, holding, sweating, refining, fluxing, or alloying),
recovery of aluminum from dross, in-line fluxing or dross cooling. A
secondary aluminum production facility may be independent or part of a
primary aluminum production facility. For purposes of the NESHAP,
aluminum die casting facilities, foundries and extrusion facilities are
not considered to be secondary aluminum production facilities if the
only materials they melt are clean charge, customer returns, or internal
scrap, and if they do not operate sweat furnaces, thermal chip dryers,
or scrap dryers/delacquering kilns/decoating kilns.

There are 161 secondary aluminum production facilities that are subject
to the NESHAP. Emission limits have been promulgated for particulate
matter (PM) as a surrogate for metal HAP, total hydrocarbons (THC) as a
surrogate for organic HAP other than dioxins and furans (D/F), dioxins
and furans are expressed as toxicity equivalents, and hydrogen chloride
(HCl) as a surrogate for acid gases, including hydrogen fluoride. HAP
are emitted from the following affected sources: aluminum scrap
shredders (regulated for PM), thermal chip dryers (THC and D/F), scrap
dryers/delacquering kilns/decoating kilns (PM, D/F, HCl and THC), sweat
furnaces (D/F), dross-only furnaces (PM), rotary dross coolers (PM),
group 1 furnaces (PM, HCl and D/F), and in-line fluxers (PM and HCl).
Group 2 furnaces and certain in-line fluxers are regulated by work
practices.

Control devices currently in use to reduce emissions from affected
sources subject to the NESHAP include, fabric filters for control of PM
from aluminum scrap shredders; afterburners for control of THC and D/F
from thermal chip dryers; afterburners plus lime-injected fabric filters
for control of PM, HCl, THC and D/F from scrap dryers/delacquering
kilns/decoating kilns; afterburners for control of D/F from sweat
furnaces; fabric filters for control of PM from dross-only furnaces and
rotary dross coolers; lime-injected fabric filters for control of PM and
HCl from in-line fluxers; and lime-injected fabric filters for control
of PM, HCl and D/F from group 1 furnaces. All affected sources with
add-on controls are also subject to design requirements and operating
limits to minimize fugitive emissions.

Developments in Practices, Processes, and Control Technologies

For the purposes of this technology review, a “development” was
considered to be a (n):

add-on control technology that was not identified during the development
of the current NESHAP for the source category;

improvement to an existing add-on control technology that could result
in significant additional HAP emissions reductions;

work practice or operational procedure that was not identified during
development of the current NESHAP for the source category; or

applicable process change or pollution prevention alternative that was
not identified and considered during the development of the current
NESHAP for the source category.

We investigated developments in practices, processes and control
technologies through a literature review and discussions with industry
representatives, and included questions in a Section 114 information
collection request (ICR) that was sent to all companies thought to be
subject to the NESHAP. The results of these analyses are presented in
the following sections.

Literature review and industry contacts

2.1.1.  Multichamber Delacquering Kiln/Melting Furnace

At least one company supplies multichamber furnaces that combine the
functions of a delacquering kiln and a melting furnace. This furnace has
the potential to reduce emissions, because all of the emissions from the
delacquering of used beverage cans and other coated scrap are swept into
another chamber where the delacquered scrap is melted. These emissions
are combusted in the melting chamber, reducing energy requirements;
destroying THC and D/F; and eliminating the need for an afterburner. A
multichamber furnace can therefore be used as a replacement for a
delacquering/decoating kiln (with afterburner) plus a group 1 furnace
handling only clean charge, or the multichamber furnace can be used as a
replacement for group 1 furnace handling other than clean charge.

At least 16 of these furnaces are in operation in Europe, Asia and the
Middle East. One furnace of this type is presently operating in the U.
S. and is permitted as a group 1 furnace handling other than clean
charge.

The emissions test data for the one multichamber furnace operating in
the U.S. indicate that the furnace does not produce lower D/F emissions
(in toxic equivalents, or TEQs) than any other group 1 furnace handling
other than clean charge, or than any delacquering/decoating kiln. Table
1 lists D/F emissions from the one multichamber furnace (operating at
Logan Aluminum). Table 1 also lists D/F emissions from three group 1
furnaces handling other than clean (i.e., “dirty”) charge, and three
delacquering/decoating kilns. The other furnaces and
delacquering/decoating kilns in Table 1 were selected because they had
low reported D/F emissions, and test reports were available to support
those reported emissions. The D/F emissions from these other sources are
lower than the D/F emissions from the multichamber furnace, indicating
that emissions from the multichamber furnace are not lower than any
other group 1 furnace handling other than clean charge, or any
delacquering/decoating kiln. Therefore, based on available information,
it is not clear that the multichamber furnace technology would reduce
HAP emissions relative to technologies that are already used by other
facilities in the U.S.

Table 1. Comparison of D/F Emissions from a Multichamber Furnace with
Other Technologies

RTI ID	Facility Name	Equipment ID	Equipment Type	Test Date
Test-Condition	Average D/F in ug/Mg TEQ(1)

351	Logan Aluminum	Multichamber Furnace	Grp1 dirty charge	5/13/2008
1-50%Class I/50% Class III	1.061(2)

351	Logan Aluminum	Multichamber Furnace	Grp1 dirty charge	5/13/2008
1-100% Class I	0.461

351	Logan Aluminum	Multichamber Furnace	Grp1 dirty charge	5/14/2008
2-80% UBC’s/20% Class I	0.496

351	Logan Aluminum	Multichamber Furnace	Grp1 dirty charge	8/12/2008
1-50%Class I/50% Class III	0.26

421	Alcan Rolled Products	DC1M	Grp1 dirty charge	1/29-31/2008	1	0.023

335	Jupiter Aluminum	Furnace 2	Grp1 dirty charge	1/25/2010	1	0.027

211	Alumax Texarkana	EPN 011A	Grp1 dirty charge	4/20/2009	1	0.103

198	Novelis	P9A	Delacquering Kiln	10/01-02/2008	1	0.000419

198	Novelis	P9B	Delacquering Kiln	9/30-10/1/2008	1	0.000173

415	JL French	P30-1	Delacquering Kiln	6/22/2009	1	0.02

Average of three test runs, except where noted.

Average of two test runs.

2.1.2. Eddy Current Separators

Sweat furnaces are used in the secondary aluminum industry to separate
aluminum from ferrous metals. Certain types of scrap (primarily
automotive) are composed of individual pieces of metal, which contain
both aluminum and iron or steel. Automobile parts such as aluminum
engine blocks with cast iron cylinders, aluminum transmission cases with
steel gears and inserts and aluminum suspension components with steel
inserts are examples of sweat furnace feed. These materials, often
containing oil and grease, are separated by melting the aluminum from
the ferrous metals with higher melting points. The molten aluminum is
tapped to form ingots or “sows,” and the ferrous residue is raked
from the furnace. Sweat furnace emissions contain D/F, which results
from the combustion of the organic contaminants in the scrap.

Eddy current separators are used to separate a concentrated aluminum
fraction from a heterogeneous scrap feed. These units operate at ambient
temperature and emit no D/F or other gaseous pollutants. Eddy current
separators are used to separate a concentrated aluminum fraction from a
heterogeneous scrap feed. These units operate at ambient temperature and
emit no D/F or other gaseous pollutants. They are used on the material
output from mechanical shredders that shred automobiles and appliances
(not on the aluminum scrap shredders used in the secondary aluminum
industry). These units can potentially decrease the need for sweat
furnaces. However, the product of eddy current separators is not an
aluminum ingot or sow, as with a sweat furnace. Therefore, the product
of eddy current separators must undergo further processing to produce an
aluminum ingot or sow, and it is not possible to directly compare eddy
current separators with sweat furnaces.

2.1.3 Catalytic Filter Bags

Catalytic filtration systems, including catalytic filter bags, are
available to reduce D/F emissions. These bags incorporate an expanded
polytetrafluoroethylene membrane coated with a precious metal catalyst,
which promotes the oxidation of D/F. The manufacturer claims that this
system is installed in over 100 applications around the world, including
at least one secondary aluminum processing plant. To determine the
extent that these bags are in use in the secondary aluminum industry in
the U. S., a question was included in an information collection request
(ICR) sent to all identified secondary aluminum production facilities.
The question “Do you use catalytic filters for dioxin control (e.g.,
HYPERLINK
"http://www.donaldson.com/en/industrialair/literature/051754.pdf"
http://www.donaldson.com/en/industrialair/literature/051754.pdf  )?”
was answered no or “not applicable” by 126 of the 159 facilities
that responded. The remaining facilities did not answer this question.
We have insufficient information to conclude that this technology is
generally applicable to secondary aluminum production facilities, or to
estimate the extent of emission reductions that it might achieve.

Responses to ICR

In an attempt to identify new emission control technologies in use, an
ICR was sent to all identified secondary aluminum production facilities.
To identify new technologies the following questions were asked:

• Please provide details for any alternative control devices (i.e.,
control devices other than fabric filters, lime-coated fabric filters,
or afterburners), monitoring (including particulate matter or HCI
continuous emissions monitors), or operating conditions at this facility
for equipment regulated under 40 CFR 63, subpart RRR.

• Have you injected activated carbon or other type of sorbent for HAP
control (excluding research efforts)? What barriers do you envision to
adding carbon injection to fabric filters for HAP control?

• Do you have any plans to install any new higher efficiency rated
control devices or have any pending applications to add on any new
controls?

2.2.1 Activated Carbon Injection for D/F Control

Three respondents reported using activated carbon injection for control
of dioxin, and one respondent reported using activated carbon injection
previously on a unit that has since been shut down. Activated carbon is
typically added to control D/F, although in one case it was used with a
thermal chip dryer and may also have helped control THC. This technology
was known at the time of the development of the current standard and was
regarded as a possible control alternative for sources that were unable
to demonstrate compliance using lime-injected fabric filters. This
technology is suitable for retrofit to existing fabric filters. In
addition to the cost of the feeder system and carbon supply, all of the
added carbon ultimately adds to the mass of dust requiring disposal.
Carbon injection systems in other industries are typically about 80 to
90% efficient at D/F control.

2.2.2 Ammonia Injection for HCl Control

Four respondents reported injecting ammonia into furnace exhaust gas as
a means of HCl control. This technology was unknown at the time of
development of the current rule. At least one of the four respondents
plans to replace the lime currently used to control HCl emissions with
ammonia. It is not clear from the ICR responses whether the remaining
respondents reporting the use of this technology are replacing lime with
ammonia or adding ammonia in addition to lime. The HAP emission
reductions achieved from using this technology alone or in addition, to
lime injection are also not known. This technology is suitable for
retrofit to existing fabric filters. The applicability of this
technology is unlikely to be influenced by furnace configuration because
the ammonia is added between the furnace and the fabric filter. It has
the potential of decreasing the amount of fabric filter dust requiring
disposal, but would likely result in increased air emissions of ammonia,
which is not a HAP but may be problematic due to nitrogen deposition.

CONCLUSIONS: Recommended Revisions Based on Developments in Practices,
Processes and Control Technologies

This review identified several developments in practices, processes or
control technologies that have been implemented in this source category
since promulgation of the current NESHAP. These technologies are not in
use by a substantial number of secondary aluminum production facilities
in the U. S. One possible reason for this is that facilities are able to
meet the current MACT emission limits without using them. In other
industries, such as Portland cement and electric arc steel mills, D/F
emission reductions of 80-90 percent have been achieved with the
addition of activated carbon injection.

In general, existing technologies can be adapted to achieve lower
emissions. For example, decreased HCl emissions might be achieved by
increasing the lime injection rate.  Decreased THC emissions might be
achieved by increasing afterburner temperature. If more stringent
risk-based standards are justified, it is likely that either
improvements to existing control devices, implementation of new
technologies or pollution prevention techniques will be selected on the
basis of overall cost and reliability. None of the newer technologies
have supporting test data that justify more stringent technology-based
standards. The technologies implemented since the development of the
current NESHAP may provide a means for decreasing HAP emissions from
secondary aluminum production, however there are insufficient data to
justify more stringent technology-based standards for either new or
existing sources.

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