[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Proposed Rules]
[Pages 33894-33899]
[FR Doc No: 2018-15252]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0276; FRL-9980-93--Region 5]

Air Plan Approval; Illinois; Permit-by-Rule Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Illinois State Implementation Plan (SIP) to
establish a general framework for permits-by-rule (PBR) and
specifically provide a PBR for small boilers. In addition, EPA is
proposing to approve other state provisions that are affected by the
addition of the PBR regulations, as well as minor changes in
nomenclature.

DATES: Comments must be received on or before August 17, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0276 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
    A. Minor New Source Review
    B. Title V Operating Permit Program
    C. Permits-by-Rule
II. Discussion of the State's Submittal
    A. Rule Revisions That EPA Is Proposing To Approve
    B. Rule Revision for Which EPA Is Taking No Action
III. What is EPA's analysis?
    A. The Revisions Are Consistent With Section 110(a)(2)(C) of the
CAA and the Applicable Regulations
    B. The Revisions Do Not Interfere With Any Applicable CAA
Requirement Under Section 110(l) of the CAA
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

A. Minor New Source Review

    Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that every
SIP include a program to regulate the construction and modification of
stationary sources to ensure attainment and maintenance of the National
Ambient Air Quality Standards (NAAQS). Parts C and D of the CAA
(sections 160 through 190) require the establishment of a New Source
Review (NSR) program for sources whose Potential to Emit (PTE) is above
certain air pollution thresholds. For such ``major sources,''
Prevention of Significant Deterioration (PSD) provisions will generally
apply in areas that have attained the NAAQS, while Nonattainment New
Source Review (NNSR) provisions will apply in areas that have not
attained the NAAQS.
    The permitting program for minor sources is addressed by section
110(a)(2)(C) of the CAA. A minor source is one whose PTE is lower than
the major NSR applicability threshold for a particular pollutant.
States must develop minor NSR programs to comply with the Federal
requirements for state minor NSR programs contained in 40 CFR 51.160
through 51.164. The provisions of a minor NSR program must include
legally enforceable procedures that enable the permitting authority to
determine whether the construction or modification of a source will
result in a violation of applicable portions of the control strategy or
interfere with attainment or maintenance of a NAAQS. 40 CFR 51.160(a).
    The minor NSR requirements are considerably less prescriptive than
those for major sources. EPA has long recognized that such rules are an
effective means to ensure that sources whose emissions are less than
the major source thresholds are nonetheless reviewed to ensure
protection of the NAAQS. See, e.g., 76 FR 38748, 38752 (July 1, 2011).
The Illinois Environmental Protection Agency (IEPA) implements the
minor source NSR program under 35 Illinois Administrative Code (IAC)
201. EPA approved Illinois' minor NSR program on December 17, 1992 (57
FR 59928).

B. Title V Operating Permit Program

    Title V of the CAA (sections 501 through 507) requires that all
major stationary sources have permits that contain all requirements
that are applicable under the CAA, as well as adequate monitoring.
Title V and its implementing regulations at 40 CFR part 70 provide for
the establishment of comprehensive State air quality operating
permitting programs consistent with the requirements of title V. The
title V operating permit program in Illinois, which EPA fully approved
on November 30, 2001, is referred to as the Clean Air Act Permit
Program or ``CAAPP'' (66 FR 62946, December 4,

2001). Pursuant to section 502(a) of the CAA, it is unlawful for any
person to, among other things, operate a major source subject to title
V except in compliance with a title V permit. All ``major sources'' of
air pollutants, and certain other sources, must obtain and operate in
compliance with a title V operating permit. 40 CFR 70.3.

C. Permits-By-Rule

    A PBR is a mechanism for streamlining the issuance of
preconstruction permits. PBRs use a regulatory-type structure (i.e.,
the permit requirements are codified in the IAC) to pre-authorize
construction and modification activities carried out in accordance with
the codified requirements. PBR programs establish a streamlined process
that allows an individual applicant to notify the reviewing authority
that it meets the eligibility criteria for the permit and the permit
conditions rather than going through a reviewing authority review and
approval process. This ``notification'' process streamlines permitting
for eligible sources and makes it easier for the reviewing authority to
implement the PBR program compared to traditional site-specific
permits. See, e.g., General Permits and Permits by Rule for the Federal
Minor New Source Review Program in Indian Country for Five Source
Categories (80 FR 25068, May 1, 2015). A PBR contains qualifying
criteria, emission limitations, conditions for operation, requirements
for recordkeeping and reporting, and standard permitting conditions
that are similar to those found in individual construction permits for
a particular emission source.
    On May 2, 2017, IEPA submitted to EPA the following SIP revision
requests, which are largely related to a PBR program: (1) IEPA revision
to 35 IAC Part 201 to add a new Subpart M (35 IAC 201.500 through
201.540), which establishes general provisions for a PBR program; (2)
IEPA revision to Part 201 to add a new Subpart N to 35 IAC Part 201 (35
IAC 201.600 through 201.635), which establishes PBR requirements for
boilers burning certain types of fuel and with heat input capacities of
less than or equal to 100 Million British Thermal Units per Hour
(MMBtu/hr); (3) IEPA changes to certain abbreviations, definitions, and
incorporation by reference (35 IAC 201.103, 35 IAC 201.104, and 35 IAC
211.4720), which are all mostly related to the new PBR rules; and (4)
IEPA minor changes in nomenclature at 35 IAC 201.146.

II. Discussion of the State's Submittal

A. Rule Revisions That EPA Is Proposing To Approve

35 IAC Part 201, Subpart M: Permit By Rule--General Provisions
    Subpart M establishes general provisions for all PBRs. The owner or
operator of a source seeking a PBR for an emission unit covered by an
applicable PBR Subpart must comply with all applicable requirements of
35 IAC Part 201, Subpart M, and the applicable PBR Subpart for the type
of emission unit for which a construction permit is required.
Compliance with the PBR provisions satisfies the requirement to apply
for and obtain a construction permit prior to construction or
modification of the emission unit. 35 IAC 201.500.
    For an owner or operator of a source to be eligible to obtain a PBR
for a proposed or modified emission unit: (1) The emission unit must be
located at a title V source that has a title V permit; (2) there must
be a PBR that has become effective within 35 IAC Part 201 that is
applicable to the emission unit; (3) the emission unit, either alone or
as part of a larger project, must not be subject to any pre-
construction permitting requirements for a major new source or major
modification pursuant to 40 CFR 52.21 or section 9.1(c) of the Illinois
Environmental Protection Act (Illinois Act), including 35 IAC Part 203
or any other regulations adopted pursuant to section 9.1(c) of the
Illinois Act; and (4) the emission unit must not be an element in a
larger project that otherwise requires a construction permit pursuant
to this Part or the Illinois Act. 35 IAC 201.505(a)(1-4).
    Furthermore, the general provisions specify that a PBR does not:
(1) Exempt any owner or operator from the requirements of the CAA or
the Illinois Act, including determining whether construction or
modification of an emission unit, by itself or part of a project,
constitutes a major modification or major source; (2) exempt any owner
or operator from any requirement to notify IEPA or list insignificant
activities and emission levels for title V permit purposes; (3) relieve
the owner or operator of a source from the requirement of including
emissions associated with the emission unit in any preconstruction
permitting application for a major new source or major modification
pursuant to 40 CFR 52.21 or Section 9(c) of the Illinois Act, including
35 IAC 203 and any other regulations adopted pursuant to Section 9(c)
of the Illinois Act; (4) relieve the owner or operator of the emission
unit from any applicable requirements of Section 39.5 of the Illinois
Act for the emission unit, including any requirement to submit a timely
application for a new or modified title V permit that addresses the
emission unit; or (5) relieve the owner or operator of the source from
compliance with other applicable statutes and regulations of the United
States or the State of Illinois, or with applicable local laws,
ordinances, and regulations. 35 IAC 201.505(b).
    If the owner or operator seeking to construct or modify an emission
unit under Illinois' PBR program meets the applicability criteria under
the general provisions and the applicable PBR Subpart, then the owner
or operator must submit a complete ``Notification,'' including fees,
prior to commencing construction or modification of the emission unit.
Section 35 IAC 201.510 provides the information that the owner or
operator must submit in the Notification. This includes: (1) General
background information about the emission unit; (2) a statement as to
whether the unit will be an element in a larger project, and if it is,
a statement describing why a construction permit will not be required
for any element of that project, and a demonstration that the potential
emissions of each regulated NSR pollutant from the project will be less
than 80 percent of the relevant ``significant emission rates'' under 40
CFR 52.21 and 35 IAC Part 203; (3) identification of construction
permits and PBRs received in the last two years and a demonstration
that the requested PBR should not be aggregated with, and considered an
element of, any of these projects that were addressed by the
construction projects and PBRs identified; (4) specific information
required by the applicable PBR Subpart Notification requirement; and
(5) a statement noting whether the source is major or non-major for
emissions of Hazardous Air Pollutants (HAPs), and if the source is non-
major, documentation for the determination. IEPA is required to
acknowledge receipt of the Notification within 30 days.
    The owner or operator may commence construction or modification of
the emission unit after submittal of the complete Notification. If the
submitted Notification is incomplete, the emission unit is not covered
by a PBR and the owner or operator has not met the requirement to apply
for and to obtain a construction permit. 35 IAC 201.515. If the owner
or operator proposes to modify the emission unit covered by a PBR, the
owner or operator must submit a new Notification for a PBR or obtain a
construction permit for

the modification. If the proposed modification causes the source at
which an emission unit covered by a PBR is located to become a major
source of HAPs, the owner or operator must submit a new Notification
for a PBR for the emission unit. 35 IAC 201.520.
    A PBR expires one year from the date of submittal of the complete
Notification unless a continuous program of construction on the project
has commenced by that time. The owner or operator of the emission unit
must submit an updated Fee Determination prior to commencing operation
of the proposed emission unit if there is an increase in allowable
emissions over the existing permitted allowable emissions as a result
of the construction or modification of the emission unit. 35 IAC
201.525.
    IAC Section 201.530 contains the recordkeeping and reporting
requirements for the PBR program. This section requires the owner or
operator to maintain all records used to demonstrate compliance with
the applicable requirements of Subpart M and the applicable PBR Subpart
for at least five years. The owner or operator must notify IEPA of the
emission's unit's actual start-up date and submit written reports of
deviations and any performance tests the owner or operator conducts.
    Before the proposed emission unit begins operation, the owner or
operator must submit a complete application for a minor modification to
the applicable title V permit to address the emission unit for
incorporation into the title V permit. 35 IAC 201.535. Illinois' minor
modification procedures for title V permits are found in Section 39.5
of the Illinois Act, and parallel the Federal procedures in 40 CFR
70.7(e)(2).
    The enforcement authorities for the Illinois PBR program are set
forth in 35 IAC 201.540, which specifies that nothing in 35 IAC Subpart
M limits IEPA's authority to seek penalties and injunctive relief for
any violation of any applicable law or regulation, or the right of the
Federal government or any person to directly enforce against owners and
operators due to actions or omissions that constitute violations of
permits required by the CAA or applicable laws and regulations.
Additionally, this section identifies specific violations for which
enforcement action may be taken, such as the failure to submit a
complete Notification and/or minor modification to the applicable title
V permit, and/or comply with the PBR general provisions and/or
applicable PBR subpart.
35 IAC Part 201, Subpart N: Permit By Rule--Boilers Less Than or Equal
to 100 MMBtu/hr
    Under Subpart N, an owner or operator may construct or modify
certain types of boilers without obtaining a construction permit if the
owner or operator meets and demonstrates compliance with the
requirements of both Subparts N and M (PBR General Provisions).
    A PBR may be obtained under this subpart for the construction or
modification of a boiler if, among other things: the boiler has a
maximum design heat input capacity of less than or equal 50 MMBtu/hr;
the boiler has a maximum design heat input capacity greater than 50
MMBtu/hr but less than or equal to 100 MMBtu/hr and is equipped with
low-nitrogen oxide (NOX) burners designed by the
manufacturer to meet a NOX limit of not greater than 0.05
lb/MMBtu; the boiler primarily burns pipeline natural gas, butane,
propane, or refinery fuel gas; and the emissions from the boiler are
comprised entirely of the products of fuel combustion. 35 IAC 201.600.
    In addition to the Notification requirements under Subpart M,
owners or operators that plan to construct or modify an eligible boiler
must include in the Notification, among other things: (1)
Identification of the primary fuel that will be burned by the boiler,
along with the maximum rated heat input capacity of the boiler (MMBtu/
hr); (2) whether the boiler would be a temporary boiler as defined by
40 CFR 60.41c, and 63.7575 or 63.11237, a demonstration that the
criteria for a temporary boiler are met and the expected period or
periods in which the boiler would be at a location or locations at the
source; (3) the potential emissions of individual pollutants from the
boiler, including emissions of particulate matter (PM), PM less than or
equal to 10 microns in diameter (PM10), PM less than or
equal to 2.5 microns in diameter (PM2.5), NOX,
sulfur dioxide (SO2), carbon monoxide (CO), and volatile
organic material\1\ (VOM), based on continuous operation of the boiler
at its rated heat input capacity, with supporting documentation and
calculations; if the boiler will have the capability to burn diesel
fuel, butane, propane, or refinery fuel gas, the potential
SO2 emissions of the boiler from the use of such fuel; and
4) if the boiler or the source at which the boiler would be located
does not meet the applicability criteria in 35 IAC 217.150(a)(1)(A) or
(a)(1)(B), an identification of the criteria that are not met, with
explanation.\2\ 35 IAC 201.605.
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    \1\ IEPA uses the term volatile organic material interchangeably
with volatile organic compounds. See 35 IAC 211.7150 for the
definition of ``Volatile Organic Material (VOM) or Volatile Organic
Compound (VOC).''
    \2\ 35 IAC 217.150 include NOX General Requirements
that apply to sources in Illinois located in the geographical
locations listed in 35 IAC 217.150(a)(1)(A) and meet the source
category and NOX emissions criteria described in 35 IAC
217.150(a)(1)(B).
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    Subpart N further requires owners and operators to comply with all
applicable regulations for this type and size of boiler, including: New
Source Performance Standards (NSPS); National Emission Standards for
Hazardous Air Pollutants (NESHAP); and SIP requirements for opacity,
CO, and NOX. The NSPS and NESHAP standards currently
applicable to the types of boilers addressed by the PBR are the
following: 40 CFR part 60 subpart A, Standards of Performance for New
Stationary Sources; 40 CFR part 60 subpart Dc, Standards of Performance
for Small Industrial-Commercial-Institutional Steam Generating Units;
40 CFR part 63, National Emission Standards for Hazardous Air
Pollutants for Source Categories: Subpart A, General Provisions; 40 CFR
part 63 subpart DDDDD, National Emission Standards for Hazardous Air
Pollutants for Source Categories for Major Sources: Industrial,
Commercial and Institutional Boilers and Process Heaters; and 40 CFR
part 63 subpart JJJJJJ, National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial, and Institutional
Boilers Area Sources. 35 IAC 201.610.
    The opacity and CO SIP requirements currently applicable to the
types of boilers addressed by the proposed PBR include: Opacity limits
and requirements at 35 IAC Part 212, Subpart B, and CO limits and
requirements at 35 IAC 216.121.
    For NOX requirements, the owner or operator must comply
with: (1) 35 IAC Part 217 Subparts D and E, if applicable; (2) 40 CFR
subpart DDDDD, including the combustion tuning work practice
requirements of 40 CFR 63.7540(a)(10), if applicable; and (3) for a
boiler with a maximum design heat input capacity greater than 50 MMBtu/
hr, and that is not subject to either of the above provisions, the
owner or operator must conduct annual combustion tuning consistent with
40 CFR 63.7540(a)(10). 35 IAC 201.615, 201.620, 201.625, and 201.630.
    Additional requirements apply to a PBR boiler that burns diesel
fuel or refinery fuel gas as a backup fuel. These include, among other
things: compliance with all applicable provisions of 35 IAC Part 214,
Subparts

B or D and 35 IAC 212.206; maintenance of records showing the date,
time and duration of any period when diesel fuel was fired in the
boiler, the amount of diesel fuel fired, the reason diesel fuel was
fired, and the total duration of periodic operational testing or other
activity while firing diesel fuel; and the actual SO2
emissions of the boiler from use of diesel fuel. 35 IAC 201.620.
    The owner or operator of each PBR boiler must also maintain records
containing the following information, in addition to the records
required by Subpart M: (1) The maximum design heat input capacity of
the boiler, inspection, maintenance, and repair logs; (2) quantity of
each fuel used; (3) hours of operation; and (4) emissions of criteria
pollutants (PM, PM10, PM2.5, NOX, CO,
VOM, and SO2). 35 IAC 201.635.
Changes to Other Rules
    IEPA made changes to other SIP provisions that are affected by the
addition of the PBR regulations. These include changes to
abbreviations, definitions, and incorporation by reference, as
described above, and include amendments to 35 IAC 201.103, 201.104,
211.4720, and 201.146.
    IAC Section 201.103, which contains the definitions applicable to
Part 201, has been revised to add terms and associated definitions used
in the PBR regulations. The amendments include adding definitions and
abbreviations (e.g., PBR, CAAPP, NSR, PSD, NSPS). IAC Section 211.4720,
which also contains definitions that apply to Part 201, has been
revised to add a definition for ``pipeline natural gas'' that is
consistent with the Federal Acid Rain Program under the CAA and is used
in the proposed Subpart N PBR regulations.
    Additionally, IEPA revised incorporations by reference at 35 IAC
201.104 to reference the Federal NSR program at 40 CFR 52.21 (2015) and
certain subparts of the NSPS and NESHAPs for source categories that are
included in the PBR regulations.
    Finally, IEPA changed the abbreviation of ``mmbtu/hr'' to ``MMBtu/
hr'' in 35 IAC 201.146.

B. Rule Revision for Which EPA Is Taking No Action

    Illinois' final rule added subsection (mmm) to 35 IAC 201.146,
which would exempt sources subject to the Registration of Smaller
Sources (ROSS) program from the requirement to obtain construction or
operating permits pursuant to 35 IAC 201.142, 201.143, and 201.144. By
letter dated May 14, 2018, IEPA withdrew the amendments to 35 IAC
201.146(mmm) for approval as SIP revisions because the ROSS program at
35 IAC 201.175 is not part of the federally-approved SIP. Therefore,
EPA is not taking any action with respect to 35 IAC 201.146(mmm).

III. What is EPA's analysis?

    EPA is proposing to approve Illinois' general PBR program contained
in Subpart M, the PBR for boilers less than or equal to 100 MMBtu/hr
contained in Subpart N, changes to other SIP rules affected by the PBR
regulations, and minor changes in nomenclature because they meet all
applicable requirements under the CAA.

A. The Revisions Are Consistent With Section 110(a)(2)(C) of the CAA
and the Applicable Regulations

    According to IEPA, the purpose of the PBR program is to reduce
administrative and economic burdens on both the agency and permit
holders without sacrificing environmental protection. The PBR program
should enable IEPA to address source categories of low emitting units
with similar emission characteristics, so that it does not need to
conduct an in depth review to determine the requirements and limits
that apply to an individual source that has relatively low emissions.
In this way, the PBR program accomplishes similar goals to minor NSR,
i.e., authorizing requirements that are less prescriptive than NSR when
the permittees are sources with lower emissions. The state's PBR
program notification process makes it easier and more efficient for the
reviewing authority to implement the PBR program compared to
traditional site-specific permits. See, e.g., 80 FR 25068, 25071 (May
1, 2015).
    For example, the PBR general provisions require the source to
identify all construction permits and PBRs received within the last two
years, and to demonstrate why the requested PBR should not be
aggregated with and considered an element of these other projects. This
approach is consistent with IEPA's federally approved minor NSR program
(57 FR 59928, December 17, 1992). In those regulations, the
construction of more than one emission unit within a short period of
time by the same source will be analyzed cumulatively by IEPA, and must
be considered for the applicability of major NSR (which would entail a
PSD or NNSR review as appropriate).
    Furthermore, Illinois' PBR program should ensure that emissions of
any criteria pollutant from a unit covered by a PBR will not exceed the
``significance'' thresholds for PSD or NNSR. See 40 CFR 52.21(b)(23)(i)
and 35 IAC 203.209. As part of the notification required to be
submitted by a source seeking to construct or modify an eligible
emission unit, the source must demonstrate that the potential emissions
of each regulated NSR pollutant from the project will be less than 80
percent of the relevant significant emission rates under Federal and
state rules. Additionally, the PBR requires pollution controls for
those units with a heat input rating greater than 50 MMBtu/hr but less
than or equal to 100 MMBtu/hr. These boilers are required to install
low-NOX burners to ensure that they will not emit
NOX emissions in amounts greater than the level that would
trigger a major modification subject to PSD or NNSR.
    IEPA conducted an analysis to demonstrate that the construction of
any boiler under the PBR for small boilers should not yield emissions
of criteria pollutants in amounts that would exceed major source
significance thresholds triggering major NSR. For example, the maximum
emissions of NOX from a l00 MMBtu/hr boiler with a low-
NOX burner designed to meet a limit of 0.05 lb/MMBtu
operating at 8760 hours per year would be approximately 21.9 tons per
year. This emission rate is approximately half of the significance
threshold for triggering major NSR (i.e., 40 tons per year of
NOX). Further discussion concerning potential emissions from
PBR boilers may be found in section 4.1 of the May 2016 IEPA Technical
Support Document included in Attachment 1 of the state's submittal.
    The general PBR provisions also contain specific criteria that
limits the type of sources that may use the PBR and allow for permit
authority review when the PBR requirements are incorporated into the
source's title V permit. Sources that elect to use the PBR are required
to apply for a minor modification to the title V permit prior to
operation of the PBR unit to ensure that all applicable PBR
requirements to the emission unit have been addressed. This ensures
that the public understands the requirements to which the source is
subject, and that IEPA receives and has the opportunity to review all
relevant information regarding a sources' compliance with the PBR.
Under Section 39.5(a)(v)(B) of the Illinois Act, IEPA has the option to
deny the permit modification application, which provides an additional
safeguard to the PBR program should IEPA identify any issues with the
source's application.
    Additionally, IEPA has limited the type of unit that may be
constructed under the PBR. The type of boilers

eligible to be constructed/modified under the PBR are common and
contain well documented and similar emission characteristics, such as
those documented in AP-42: Compilation of Air Pollutant Emission
Factors, which provides emission factors for this size and type of
boilers based on testing that has been performed over many years. See
also, e.g., Potential to Emit (PTE) Guidance for Specific Source
Categories, from John S. Seitz, Office of Air Quality Planning and
Standards, dated April 14, 1998. The PBR provisions thereby ensure that
these small boilers are subject to all applicable requirements, such as
SIP emission limitations and requirements, and NSPS and NESHAP
requirements, that would otherwise be included in individual
construction permits for these types of boilers.
    For the above reasons, the proposed SIP revisions are consistent
with the CAA's minor source permit provisions contained in section
110(a)(2)(C) and EPA's minor NSR regulations at 40 CFR 51.160 through
51.164. The PBR provisions enable the permitting authority to determine
whether the construction or modification will result in a violation of
applicable portions of the control strategy or interfere with
attainment or maintenance of a NAAQS, as required by 40 CFR 51.160(a).
Further, these provisions satisfy the provisions of 40 CFR 51.160(d),
which require that approval of any construction or modification must
not affect the responsibility of the owner or operator to comply
applicable portions of the control strategy.
    EPA is also proposing to approve the changes to other rules
affected by the PBR regulations, including revisions to definitions and
incorporation by reference. The definitions update Illinois' rules to
add terms and associated definitions used in the PBR regulations and
are consistent with the SIP. EPA is proposing to approve amendments to
IEPA's incorporation by reference regulation based on the understanding
memorialized in a letter submitted by IEPA dated May 16, 2018. In that
letter, IEPA clarified that its sole intention in using incorporations
by reference is to reference, and not adopt, the Federal rules that are
identified in the PBR rules at 35 IAC Part 201, Subparts M and N,
including the Federal PSD regulations. Furthermore, in that letter,
IEPA committed to continue implementing the most recent version of the
Federal PSD program (40 CFR 52.21) and current EPA guidance consistent
with the most recent PSD delegation agreement between EPA and IEPA.
    Finally, EPA is proposing to approve the change in nomenclature at
35 IAC 201.146 from ``mmbtu/hr'' to ``MMBtu/hr'' because it is
consistent with the CAA and SIP, and the use of that term merely
reflects the use of that abbreviation in the state's regulations to
mean pounds per million British thermal units.

B. The Revisions Do Not Interfere With Any Applicable CAA Requirement
Under Section 110(l) of the CAA

    Under section 110(l) of the CAA, EPA shall not approve a SIP
revision if the revision would interfere with any applicable
requirement concerning attainment and ``reasonable further progress''
(RFP), or any other applicable requirement of the CAA. Therefore, EPA
may approve a SIP revision that removes or modifies control measures in
the SIP only after the state has demonstrated that such removal or
modification will not interfere (``noninterference'') with attainment
of the NAAQS, Rate of Progress (ROP), RFP or any other CAA requirement.
    IEPA has evaluated the impacts of the proposed revisions, and
determined that they do not interfere with attainment of the NAAQS or
any other CAA requirement because the use of the PBR provides the same
level of, and, in some cases, additional control measures as the
control measures that would be included in an individual construction
permit for small boilers. IEPA has demonstrated that the PBR program is
essentially a change to the process by which smaller sources with
similar emission characteristics obtain authorization to construct.
    IEPA notes that the PBR for small boilers includes the requirements
that would typically be included in an individual construction permit
issued on a case-by-case basis under Illinois' minor NSR rules at 35
IAC 201. This includes requirements such as the Federal emission
standards (NSPS and NESHAP) and SIP requirements, including emission
limitations, conditions for operation, and standard permitting
conditions. Furthermore, IEPA points out that the PBR program does not
exempt an emission unit from any air pollution emission limits or
control requirements. Therefore, as discussed above, emissions of
pollutants from sources complying with the PBR for small boilers should
not result in an increase beyond what would result from construction or
modification of these types of boilers through an individual minor NSR
construction permit.
    IEPA has also shown that the PBR for small boilers may require more
control measures than an individual construction permit in certain
instances. For example, Illinois' minor NSR rules do not require an
individual construction permit to contain boiler tune-up requirements
or installation of low-NOX burners on every small boiler.
The PBR for small boilers, however, does include boiler tune-up
requirements and the requirement to install low-NOX burners
designed to meet a NOX emission limit of not greater than
0.05 lb/MMBtu for boilers with a heat input greater than 50 MMBtu/hr.
Therefore, in some cases, the PBR may be more protective of air quality
than an individual construction permit.
    Finally, the PBR provisions do not interfere with any existing
environmental state or Federal enforcement authorities. If a PBR unit
is found to be in violation of any applicable state or Federal rules,
IEPA or EPA may pursue enforcement regardless of whether the source has
a construction permit or constructed under the PBR provisions.
    Because the PBR rules should achieve equivalent or greater
protection of air quality than individual construction permits for
small boilers, noninterference has been demonstrated. Therefore, the
adoption of the proposed PBR provisions will not interfere with
Illinois' existing obligations concerning attainment of the NAAQS, RFP,
or any other applicable requirement of the CAA, as required by section
110(l) of the CAA.

IV. What action is EPA taking?

    EPA is proposing to approve Illinois' PBR program and the PBR for
boilers less than or equal to 100 MMBtu/hr by adding 35 IAC Part 201,
Subpart M and Subpart N. Specifically, EPA is proposing to approve into
the Illinois SIP IAC Sections 201.500, 201.505, 201.510, 201.515,
201.520, 201.525, 201.530, 201.535, 201.540, 201.600, 201.605, 201.610,
201.615, 201.620, 201.625, 201.630, and 201.635.
    EPA is also proposing to approve the requested revisions to other
rules affected by the addition of the PBR program, including additions
and changes to definitions and incorporations by reference.
Specifically, EPA is proposing to approve into the Illinois SIP the
requested revisions to IAC Sections: 201.103(a) and (b); 201.104(a),
(c), (d), and (e); and 211.4720. EPA is also proposing to approve into
the Illinois SIP the requested changes in nomenclature at IAC Section
201.146(c), (d), (h), (i), and (fff).
    EPA is not acting on the requested revisions to IAC Section
201.146(mmm), because the revisions exempt sources

subject to the ROSS program from state construction and operating
permit requirements, and the ROSS program is not part of the federally-
approved SIP.

V. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference revisions to Title 35 of Illinois Administrative Code Part
201: Permits and General Provisions, sections 201.103, 201.104 (except
for 201.104(b)), 201.146 (except for 201.146(mmm)), 201.500, 201.505,
201.510, 201.515, 201.520, 201.525, 201.530, 201.535, 201.540, 201.600,
201.605, 201.610, 201.615, 201.620, 201.625, 201.630, and 201.635; and
Part 211: Definitions and General Provisions, section 211.4720;
effective March 24, 2017. EPA has made, and will continue to make,
these documents generally available through www.regulations.gov and at
the EPA Region 5 Office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-15252 Filed 7-17-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Proposed Rules]
[Pages 14316-14319]
[FR Doc No: 2012-5801]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0251; Directorate Identifier 2012-CE-002-AD]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. (Type Certificate
Previously Held by The New Piper Aircraft Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain Piper Aircraft, Inc. (type certificate
previously held by The New Piper Aircraft Inc.) Models PA-31T and PA-
31T1 airplanes. The existing AD currently requires correcting a model
identification error on the aircraft data plate. Since we issued that
AD, we have become aware that some owner/operators of the affected
airplanes modified the aircraft data plate in error because of
confusion in the serial number applicability. Because of the confusion,
the manufacturer has issued new service information to clarify affected
airplane serial numbers. This proposed AD would require determining the
airplane model based on the serial number and modifying the aircraft
data plate to properly identify the airplane model. This proposed AD
would also require doing a detailed search for all applicable
airworthiness related documents that apply to any airplane that has an
incorrectly marked data plate and take necessary corrective actions
based on the search findings. We are proposing this AD to correct the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 23, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Piper
Aircraft, Inc., 926 Piper Drive, Vero Beach, Florida 32960; telephone:
(772) 567-4361; Internet: www.piper.com. You may review copies of the
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Gregory ``Keith'' Noles, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia
Avenue, College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax: (404)
474-5606; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0251;
Directorate Identifier 2012-CE-002-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On May 27, 1980, AD 80-11-06, amendment 39-3776 (45 FR 35309), was
published in the Federal Register for certain Piper Aircraft, Inc.
(type certificate previously held by The New Piper Aircraft Inc.)
Models PA-31T and PA-31T1 airplanes. That AD requires correcting a
model identification error on the aircraft data plate. Certain Model
PA-31T airplanes have been improperly identified as a Model PA-31T1
airplane on the aircraft data plate.

Actions Since Existing AD Was Issued

    Since we issued AD 80-11-06 (45 FR 35309, May 27, 1980), we have
become aware that the aircraft data plate on some of the affected
airplanes have been modified in error because of confusion in the
serial number applicability.
    The requirements in AD 80-11-06 (45 FR 35309, May 27, 1980), match
those in Piper Service Bulletin 670, issued December 3, 1979. Also, the
type certificate data sheet (TCDS) did not clearly distinguish the
serial numbers for the Models PA-31T and PA-31T1 airplanes.
    As a result of the confusion, Piper Aircraft, Inc. has issued a new
service bulletin to clarify the affected serial numbers. We are also
working with Piper Aircraft, Inc. to clarify the serial numbers in the
TCDS.

Relevant Service Information

    We reviewed Piper Aircraft Inc. Mandatory Service Bulletin No.
1235, dated November 3, 2011. The service bulletin describes procedures
for determining the airplane model based on the serial number and
provides instructions for modifying the aircraft data plate to properly
identify the airplane model.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 80-11-06 (45
FR 35309, May 27, 1980). This proposed AD would clarify the serial
number applicability of the affected model airplanes. This proposed AD
would also require a detailed search for all applicable airworthiness
related documents that apply to any airplane that has an incorrectly
marked aircraft data plate and take necessary corrective actions.

Costs of Compliance

    We estimate that this proposed AD affects 158 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Inspect the aircraft data plate...  1 work-hour x $85     Not applicable......             $85          $13,430
                                     per hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary modification
and/or records search that would be required based on the results of
the proposed inspection. We have no way of determining the number of
aircraft that might need modification:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                          Labor cost                 Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Modify the aircraft data plate........  1 work-hour x $85 per      Not applicable...........                 $85
                                         hour = $85.
Detailed search for all applicable      4 work-hours x $85 per     Not applicable...........                 340
 airworthiness related documents that    hour = $340.
 apply to any airplane that has an
 incorrectly marked aircraft data
 plate.
----------------------------------------------------------------------------------------------------------------

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.
    We are 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

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 80-11-06, Amendment 39-3776 (45 FR 35309, May 27, 1980), and
adding the following new AD:

Piper Aircraft, Inc. (Type Certificate previously held by The New
Piper Aircraft Inc.): Docket No. FAA-2012-0251; Directorate
Identifier 2012-CE-002-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by April 23,
2012.

(b) Affected ADs

    This AD supersedes AD 80-11-06, Amendment 39-3776 (45 FR 35309,
May 27, 1980).

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Model PA-31T airplanes, serial numbers 31T-7820001, 31T-
7820002, 31T-7820003, 31T-7820004, 31T-7820005, 31T-7820006, 31T-
7820007, 31T-7820008, 31T-7820009, 31T-7820010, 31T-7820011, 31T-
7820012, 31T-7820013, 31T-7820014, 31T-7820015, 31T-7820016, 31T-
7820017, 31T-7820018, 31T-7820019, 31T-7820020, 31T-7820021, 31T-
7820022, 31T-7820023, 31T-7820024, 31T-7820025, 31T-7820026, 31T-
7820027, 31T-7820028, 31T-7820029, 31T-7820030, 31T-7820031, 31T-
7820032, 31T-7820033, 31T-7820034, 31T-7820035, 31T-7820036, 31T-
7820037, 31T-7820038, 31T-7820039, 31T-7820040, 31T-7820041, 31T-
7820042, 31T-7820043, 31T-7820044, 31T-7820045, 31T-7820046, 31T-
7820047, 31T-7820048, 31T-7820049, 31T-7820050, 31T-7820051, 31T-
7820052, 31T-7820053, 31T-7820054, 31T-7820055, 31T-7820056, 31T-
7820057, 31T-7820058, 31T-7820059, 31T-7820060, 31T-7820061, 31T-
7820062, 31T-7820063, 31T-7820064, 31T-7820065, 31T-7820066, 31T-
7820067, 31T-7820068, 31T-7820069, 31T-7820070, 31T-7820071, 31T-
7820072, 31T-7820073, 31T-7820074, 31T-7820075, 31T-7820076, 31T-
7820077, 31T-7820078, 31T-7820079, 31T-7820080, 31T-7820081, 31T-
7820082, 31T-7820083, 31T-7820084, 31T-7820085, 31T-7820086, 31T-
7820087, 31T-7820088, 31T-7820089, 31T-7820090, 31T-7820091, 31T-
7820092; and
    (2) Model PA-31T1 airplanes, serial numbers 31T-7804001, 31T-
7804002, 31T-7804003, 31T-7804004, 31T-7804005, 31T-7804006, 31T-
7804007, 31T-7804008, 31T-7804009, 31T-7804010, 31T-7804011, 31T-
7904001, 31T-7904002, 31T-7904003, 31T-7904004, 31T-7904005, 31T-
7904006, 31T-7904007, 31T-7904008, 31T-7904009, 31T-7904010, 31T-
7904011, 31T-7904012, 31T-7904013, 31T-7904014, 31T-7904015, 31T-
7904016, 31T-7904017, 31T-7904018, 31T-7904019, 31T-7904020, 31T-
7904021, 31T-7904022, 31T-7904023, 31T-7904024, 31T-7904025, 31T-
7904026, 31T-7904027, 31T-7904028, 31T-7904029, 31T-7904030, 31T-
7904031, 31T-7904032, 31T-7904033, 31T-7904034, 31T-7904035, 31T-
7904036, 31T-7904037, 31T-7904038, 31T-7904039, 31T-7904040, 31T-
7904041, 31T-7904042, 31T-7904043, 31T-7904044, 31T-7904045, 31T-
7904046, 31T-7904047, 31T-7904048, 31T-7904049, 31T-7904050, 31T-
7904051, 31T-7904052, 31T-7904053, 31T-7904056, 31T-7904057.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 1100, Placards and Markings.

(e) Unsafe Condition

    This AD was prompted by reports that some owner/operators of the
affected airplanes modified the aircraft data plate in error because
of confusion in the serial number applicability. We are issuing this
AD to correct the unsafe condition on these products.

(f) Compliance

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

(g) Inspect the Aircraft Data Plate

    Within the next 100 hours after the effective date of this AD,
inspect the markings on the aircraft data plate. Do the inspection
following Part I of Piper Aircraft, Inc. Mandatory Service Bulletin
No. 1235, dated November 3, 2011.
    (1) If the aircraft data plate is correctly marked, make a
logbook entry showing compliance with this AD, and no further action
is required.
    (2) If the aircraft data plate is incorrectly marked, continue
with paragraphs (h) and (i) of this AD.

(h) Modify the Aircraft Data Plate

    Before further flight after the inspection required in paragraph
(g) of this AD, modify the aircraft data plate following Part II of
Piper Aircraft, Inc. Mandatory Service Bulletin No. 1235, dated
November 3, 2011.

(i) Detailed Aircraft Records Search

    Before further flight after the modification required in
paragraph (h) of this AD:
    (1) Do a detailed search of the aircraft maintenance records and
documents to include, but not limited to, ADs, special airworthiness
information bulletins (SAIBs), service bulletins (SBs), and other
service documents; installed supplemental type certificates (STCs)
and parts manufacturing approval (PMAs); and instructions for
continued airworthiness (ICAs). Each document found must be assessed
to ensure proper actions have been made to maintain airworthiness as
affected by the model number of the aircraft. Part 135 operators and
other operators utilizing FAA-approved maintenance programs will
need to address changes to their inspection programs and related
documents.

    Note:  Although some of the above documents may not be mandatory
for compliance, it is still necessary to evaluate them to ensure
that any voluntary compliance does not negatively affect the
airworthiness of the airplane.

    (2) Identify all discrepant conditions for misidentified
aircraft and coordinate with the geographic Flight Standards
District Office (FSDO) and the Atlanta Aircraft Certification Office
(ACO) to determine necessary corrective actions. Also, coordinate
with the geographic FSDO to arrange for revisions to the
airworthiness certificate, registration, and other potential
document/certificate revisions. The following is a list of example
discrepant conditions that may be found during the records search:
    (i) An AD was complied with that was applicable to the incorrect
model, but not applicable to the corrected model.
    (ii) A required AD for the corrected model was not complied
with.
    (iii) A maintenance action was performed that was recommended,
but not mandatory, for the incorrect model, but not applicable to
the corrected model.
    (iv) A PMA part was installed that was applicable for the
incorrect model, but not for the corrected model.
    (v) An STC was installed that was applicable for the incorrect
model, but not for the corrected model.
    (vi) An STC was installed that was applicable for both the
incorrect and corrected model, but all related, applicable ADs for
the corrected model were not complied with.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved for AD 80-11-06 (45 FR 35309, May 27, 1980),
are approved as AMOCs for this AD.

(k) Related Information

    (1) For more information about this AD, contact Gregory
``Keith'' Noles, Aerospace Engineer, FAA, Atlanta ACO, 1701 Columbia
Avenue, College Park, Georgia 30337; phone:

(404) 474-5551; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact Piper
Aircraft, Inc., 926 Piper Drive, Vero Beach, Florida 32960;
telephone:<PHONE_NUMBER>; Internet: www.piper.com. You may review
copies of the referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on March 5, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-5801 Filed 3-8-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Page 80924]
[FR Doc No: 2011-33075]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 13226-003; 13368-002]

Blue Heron Hydro LLC; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission) regulations,
18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy
Projects has reviewed the applications for original licenses for the
Ball Mountain Dam Hydroelectric Project (FERC Project No. 13226-003)
and the Townshend Dam Hydroelectric Project (FERC Project No. 13368-
002). The Ball Mountain Dam Hydroelectric Project is proposed to be
located on the West River near the town of Jamaica in Windham County,
Vermont, at the U.S. Army Corps of Engineers' (Corps) Ball Mountain
Dam. The Townshend Dam Hydroelectric Project is proposed to be located
West River in the town of Townshend in Windham County, Vermont, at the
Corps' Townshend Dam.
    Staff prepared a multi-project environmental assessment (EA), which
analyzes the potential environmental effects of licensing the projects,
and concludes that licensing the projects, with appropriate
environmental protection measures, would not constitute a major federal
action that would significantly affect the quality of the human
environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
www.ferc.gov using the ``eLibrary'' link. Enter the docket, excluding
the last three digits for each docket number, in the docket number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>toll-free at 1-(866) 208-3676,
or for TTY,<PHONE_NUMBER>.
    You may also register online at www.ferc.gov/docs-filing/ferconline.asp to be notified via email of new filings and issuances
related to these or other pending projects. For assistance, contact
FERC Online Support.
    Any comments should be filed within 30 days from the date of this
notice. Comments may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/doc-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426. Please affix
Ball Mountain Dam Hydroelectric Project, P-13226-003 and/or Townshend
Dam Hydroelectric Project, P-13368-002 to all comments.
    For further information, contact Dr. Nicholas Palso at (202) 502-
8854 or by email at<EMAIL_ADDRESS>
    Dated: December 20, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-33075 Filed 12-23-11; 8:45 am]
BILLING CODE 6717-01-P