[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Proposed Rules]
[Pages 79259-79261]
[FR Doc No: 2022-28063]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1654; Project Identifier MCAI-2022-01165-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes.
This proposed AD was prompted by reports of some passenger oxygen mask
dispensing units (MDUs) with lanyards that are too long to meet the
proper length specifications of the airplane. This proposed AD would
require replacing the affected MDUs with units that meet the proper
length specifications, replacing the placards, and re-identifying the
assemblies. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by February
10, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1654; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">[email protected]bombardier.com; website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Elizabeth M. Dowling, Aerospace
Engineer, Mechanical Systems and Administrative Services Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1654; Project Identifier
MCAI-2022-01165-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Elizabeth M. Dowling, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-50, dated August 25, 2022 (also
referred to after this as the MCAI), to correct an unsafe condition on
certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601),
and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The MCAI
states that lanyards of passenger mask dispensing units installed in
the affected airplanes are too long to meet the proper length
specifications of the aircraft. This condition, if not corrected, could
result in the inability to initiate the flow of oxygen to the mask when
required in an emergency situation, with no indication to the passenger
that they are not receiving oxygen.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1654.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which
describes procedures for identifying part numbers of the drop-down
oxygen boxes, performing drop-down oxygen mask

reach testing, marking failed seats as inoperative with placards, and
replacing affected oxygen masks:
     Service Bulletin 600-0777, dated December 13, 2021.
     Service Bulletin 601-1109, Revision 01, dated May 6, 2022.
     Service Bulletin 604-35-007, Revision 01, dated May 6,
2022.
    These documents are distinct since they apply to different airplane
models. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    These products are approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would accomplishing the actions specified in the
service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 301 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed 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          $25,585
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170............................................            $100             $270
----------------------------------------------------------------------------------------------------------------

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

    The FAA 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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

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:

Bombardier, Inc.: Docket No. FAA-2022-1654; Project Identifier MCAI-
2022-01165-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in
any category, with serial numbers as identified in the service
information specified in paragraphs (c)(1) through (4) of this AD.
    (1) Model CL-600-1A11 (600) airplanes: Bombardier Service
Bulletin 600-0777, dated December 13, 2021.
    (2) Model CL-600-2A12 (601) airplanes: Bombardier Service
Bulletin 601-1109, Revision 01, dated May 6, 2022.
    (3) Model CL-600-2B16 (601-3A, 601-3R) airplanes: Bombardier
Service Bulletin 601-1109, Revision 01, dated May 6, 2022.
    (4) Model CL-600-2B16 (604) airplanes: Bombardier Service
Bulletin 604-35-007, Revision 01, dated May 6, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen
System.

(e) Unsafe Condition

    This AD was prompted by reports of passenger oxygen mask
dispensing units installed in the affected airplanes with lanyards
that are too long to meet the proper length specifications of the
airplane. The FAA is issuing this AD to address the inability to
initiate flow of oxygen to the mask. The unsafe condition, if not
addressed, could result in no indication to the passenger that they
are not receiving oxygen in an emergency situation.

(f) Compliance

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

(g) Inspection and Replacement

    Within 5 years after the effective date of this AD, determine
the part number of the drop-down oxygen box, in accordance with
Section 2.B. of the Accomplishment Instructions of the applicable
service information identified in paragraphs (c)(1) through (4) of
this AD.
    (1) If any drop-down oxygen box part number (P/N) installed on
the airplane matches any P/N listed in Table 1 of Section 2.B. of
the applicable service information: Before further flight, perform
drop-down oxygen mask reach testing in accordance with Section
2.B.(2) of the Accomplishment Instructions of the applicable service
information identified in paragraphs (c)(1) through (4) of this AD.
    (i) If the test result is PASS: Before further flight, replace
the drop-down oxygen box assembly in accordance with Section 2.C.,
and test the passenger oxygen supply system in accordance with
Section 2.D.(2), of the applicable service information identified in
paragraphs (c)(1) through (4) of this AD.
    (ii) If the test result is FAIL for any individual seat: Before
further flight, mark the failed seat as inoperative in accordance
with Section 2.B.(3) of the applicable service information specified
in paragraphs (c)(1) through (4) of this AD.
    (2) If the part number of any drop-down oxygen box assembly
installed on the airplane is not found in Table 1 of Section 2.B. of
the applicable service information identified in paragraphs (c)(1)
through (4) of this AD: Before further flight, do actions to correct
the unsafe condition using a method approved in accordance with the
procedures specified in paragraph (i)(1) of this AD.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 601-1109, dated
December 13, 2021; or Bombardier Service Bulletin 604-35-007, dated
December 13, 2021; as applicable.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (j)(2) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards 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, New York ACO
Branch, FAA; or Transport Canada; or Bombardier, Inc.'s Transport
Canada Design Approval Organization (DAO). If approved by the DAO,
the approval must include the DAO-authorized signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-50, dated August 25,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2022-1654.
    (2) For more information about this AD, contact Elizabeth M.
Dowling, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) 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) Bombardier Service Bulletin 600-0777, dated December 13,
2022.
    (ii) Bombardier Service Bulletin 601-1109, Revision 01, dated
May 6, 2022.
    (iii) Bombardier Service Bulletin 604-35-007, Revision 01, dated
May 6, 2022.
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-28063 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46939-46945]
[FR Doc No: 2018-20148]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2014-0738 and EPA-HQ-OAR-2010-0682; FRL-9983-26-OAR]

Notice of Final Approval for an Alternative Means of Emission
Limitation at ExxonMobil Corporation; Marathon Petroleum Company, LP
(for Itself and on Behalf of Its Subsidiary, Blanchard Refining, LLC);
Chalmette Refining, LLC; and LACC, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final approval.

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SUMMARY: This notice announces our approval of the Alternative Means of
Emission Limitation (AMEL) requests under the Clean Air Act (CAA)
submitted from ExxonMobil Corporation; Marathon Petroleum Company, LP
(for itself and on behalf of its subsidiary, Blanchard Refining, LLC);
and Chalmette Refining, LLC to operate flares and multi-point ground
flares (MPGFs) at several refineries in Texas and Louisiana, and from
LACC, LLC to operate flares at a chemical plant in Louisiana. This
approval notice specifies the operating conditions and monitoring,
recordkeeping, and reporting requirements that these facilities must
follow to demonstrate compliance with the approved AMEL.

DATES: The approval of the AMEL requests from ExxonMobil Corporation;
Marathon Petroleum Company, LP (for itself and on behalf of its
subsidiary, Blanchard Refining, LLC); Chalmette Refining, LLC; and
LACC, LLC to operate certain flares at the refineries and a chemical
plant, as specified in this notice, is effective on September 17, 2018.

ADDRESSES: The Environmental Protection Agency (EPA) has established a
docket for this action under Docket ID No. EPA-HQ-OAR-2014-0738. All
documents in the docket are listed on the https://www.regulations.gov
website. Although listed, some information is not publicly available,
e.g., confidential business information (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 EPA Docket Center, EPA WJC West
Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC.
The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m.
Eastern Standard Time (EST), Monday through Friday. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Ms. Angie Carey, Sector Policies and Programs Division (E143-
01), Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; and email
address: [email protected].

SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. We use
multiple acronyms and terms in this preamble. While this list may not
be exhaustive, to ease the reading of this preamble and for reference
purposes, the EPA defines the following terms and acronyms here:

AMEL alternative means of emission limitation
BTU/scf British thermal units per standard cubic foot
CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
EPA Environmental Protection Agency
Eqn equation
g/mol grams per gram mole
HAP hazardous air pollutants
HP high pressure
LFL lower flammability limit
LFLcz lower flammability limit of combustion zone gas
LFLvg lower flammability limit of flare vent gas
LRGO linear relief gas oxidizer
MPGF multi-point ground flare
NESHAP national emission standards for hazardous air pollutants
NHV net heating value
NHVcz net heating value of combustion zone gas
NHVvg net heating value of flare vent gas
NSPS new source performance standards
OAQPS Office of Air Quality Planning and Standards
scf standard cubic feet
SKEC steam-assisted kinetic energy combustor
TCEQ Texas Commission on Environmental Quality
VOC volatile organic compounds

    Organization of This Document. The information in this notice is
organized as follows:

I. Background
    A. Summary
    B. Regulatory Flare Requirements
II. Summary of Public Comments on the AMEL Requests
III. AMEL for the Flares

I. Background

A. Summary

    In a Federal Register notice dated April 25, 2018, the EPA provided
public notice and solicited comment on the requests under the CAA from
ExxonMobil Corporation; Marathon Petroleum Company, LP (for itself and
on behalf of its subsidiary, Blanchard Refining, LLC's); and Chalmette
Refining, LLC for the operation of flares and MPGFs at several
refineries in Texas and Louisiana, and from LACC, LLC to operate flares
at a chemical plant in Louisiana (see 83 FR 18034). This action
solicited comment on all aspects of the AMEL requests, including the
operating conditions specified in that action that are necessary to
achieve a reduction in emissions of volatile organic compounds and
organic hazardous air pollutants at least equivalent to the reduction
in emissions required by various standards in 40 CFR parts 60, 61, and
63 that apply to emission sources that would be controlled by these
flares and MPGFs. These standards incorporate the flare design and
operating requirements in 40 CFR part 60 and 63 General Provisions
(i.e., 40 CFR 60.18(b) and 63.11(b)) into the individual new source
performance standards (NSPS) and maximum achievable control technology
(MACT) subparts, except for the Petroleum Refinery MACT, 40 CFR part
63, subpart CC, which specifies its flare requirements within the
subpart (i.e., 40 CFR 63.670). Four of the requests are for flares
located at petroleum refineries, while the request from LACC, LLC is
for a flare design at a chemical manufacturing facility. None of the

flares located at petroleum refineries can meet the flare tip velocity
limits in the Petroleum Refinery MACT, 40 CFR part 63, subpart CC. In
addition, flares at these refineries and at LACC's chemical plant that
are subject to other 40 CFR part 60 and 63 standards cannot meet the
flare tip velocity limits contained in the applicable General
Provisions to 40 CFR part 60 and 63.
    This action provides a summary of the comments received as part of
the public review process, our response to those comments, and our
approval of these AMEL requests.

B. Regulatory Flare Requirements

    ExxonMobil, Marathon, Blanchard, and Chalmette provided the
information specified in the flare AMEL framework set forth in the
Petroleum Refinery MACT at 40 CFR 63.670(r) to support their AMEL
requests. LACC provided the information specified in the flare AMEL
framework finalized on April 21, 2016 (81 FR 23486), to support its
AMEL request. The ExxonMobil Corporation Baytown Refinery in Baytown,
Texas, is seeking an AMEL to operate a gas-assisted flare, Flare 26,
during periods of startup, shutdown, upsets, and emergency events, as
well as during fuel gas imbalance events. Marathon Petroleum Company,
LP's Garyville, Louisiana Refinery, and Blanchard Refining, LLC's
Galveston Bay Refinery (GBR) in Texas City, Texas, are seeking AMELs to
operate their flares only during periods of startup, shutdown, upsets,
and emergency events. Chalmette Refining, LLC in Chalmette, Louisiana,
is seeking an AMEL to operate its flare, No. 1 Flare, during periods of
upset and emergency events. LACC, LLC is seeking an AMEL to operate
flares at its chemical plant in Lake Charles, Louisiana, during
startups, shutdowns, upsets, and emergency events. See Table 1 for a
list of regulations, by subparts, that each refinery and chemical plant
has identified as applicable to the flares described above.

                                   Table 1--Summary of Applicable Rules That May Apply to Streams Controlled by Flares
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Exxon Mobil
   Applicable rules with vent       Baytown,      Marathon      Blanchard     Chalmette               Rule citation from title       Provisions for
    streams going to control       Texas Flare   Garyville,   Refining GBR   No. 1 Flare     LACC       40 CFR that allow for     alternative means of
            device(s)                  26          LA MPGF        MPGF                                     use of a flare          emission limitation
--------------------------------------------------------------------------------------------------------------------------------------------------------
NSPS Subpart VV.................  ............            x             x   ............  ..........  60.482-10(d)............  60.484(a)-(f).
NSPS Subpart VVa................  ............            x             x   ............          x   60.482-10a(d)...........  60.484a(a)-(f).
NSPS Subpart NNN................  ............            x             x             x           x   60.662(b)...............  CAA section 111(h)(3).
NSPS Subpart QQQ................  ............            x             x   ............  ..........  60.692-5(c).............  42 U.S.C. 7411(h)(3).
NSPS Subpart RRR................  ............            x             x   ............          x   60.702(b)...............  CAA section 111(h)(3).
NSPS Subpart Kb.................  ............            x             x   ............          x   60.112b(a)(3)(ii).......  60.114b.
NESHAP Subpart V................  ............            x             x   ............          x   61.242-11(d)............  40 CFR 63.6(g); 42
                                                                                U.S.C. 7412(h)(3).
NESHAP Subpart J................  ............  ............  ............  ............          x   61.242-11(d)............  40 CFR 63.6(g); 42
                                                                                U.S.C. 7412(h)(3).
NESHAP Subpart Y................  ............            x             x   ............  ..........  61.271-(c)(2)...........  40 CFR 63.6(g); 40 CFR
                                                                                61.273; 42 U.S.C.
                                                                                7412(h)(3).
NESHAP Subpart BB...............  ............            x             x   ............  ..........  61.302(c)...............  40 CFR 63.6(g); 42
                                                                                U.S.C. 7412(h)(3).
NESHAP Subpart FF...............  ............            x             x   ............          x   61.349(a)(2)............  61.353(a); also see
                                                                                61.12(d).
NESHAP Subpart F................  ............            x             x   ............          x   63.103(a)...............  63.6(g); 42 U.S.C.
                                                                                7412(h)(3).
NESHAP Subpart G................  ............            x             x   ............          x   63.113(a)(1)(i),          63.6(g); 42 U.S.C.
                                                                                63.116(a)(2),             7412(h)(3).
                                                                                63.116(a)(3),
                                                                                63.119(e), 63.120(e)(1)
                                                                                through (4),
                                                                                63.126(b)(2)(i),
                                                                                63.128(b),
                                                                                63.139(c)(3),
                                                                                63.139(d)(3), 63.145(j).
NESHAP Subpart H................  ............            x             x   ............          x   63.172(d), 63.180(e)....  63.177; 42 U.S.C.
                                                                                7412(h)(3).
NESHAP Subpart SS...............  ............            x             x   ............          x   63.982(b)...............  CAA section 112(h)(3).
NESHAP Subpart CC...............            x             x             x             x   ..........  63.643(a)(1)............  63.670(r).
NESHAP Subpart UU...............  ............  ............  ............  ............          x   63.1034.................  63.1021(a)-(d).
NESHAP Subpart YY...............  ............  ............  ............  ............          x   Table 7 to 63.1103(e)     63.1113.
                                                                                cross-references to
                                                                                NESHAP subpart SS above.
NESHAP Subpart EEEE.............  ............            x             x   ............  ..........  63.2378(a),63.2382,       63.6(g); 42 U.S.C.
                                                                                63.2398.                  7412(h)(3).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The provisions for the NSPS and National Emission Standards for
Hazardous Air Pollutants (NESHAP) cited in Table 1 that ensure flares
meet certain specific requirements when used to satisfy the
requirements of the NSPS or NESHAP were established as work practice
standards pursuant to CAA sections 111(h)(1) or 112(h)(1). For
standards established according to these provisions, CAA sections
111(h)(3) and 112(h)(3) allow the EPA to permit the use of an AMEL by a
source if, after notice and opportunity for comment,\1\ it is
established to the Administrator's satisfaction that such an AMEL will
achieve emission reductions at least equivalent to the reductions
required under the CAA section 111(h)(1) or 112(h)(1) standard. As
noted in Table 1, many of the NSPS and NESHAP in the table above also
include specific regulatory provisions allowing sources to request an
AMEL.
---------------------------------------------------------------------------

    \1\ CAA section 111(h)(3) specifically requires that the EPA
provide an opportunity for a public hearing. The EPA provided an
opportunity for a public hearing in the April 25, 2018, Federal
Register action. However, no public hearing was requested.
---------------------------------------------------------------------------

II. Summary of Public Comments on the AMEL Requests

    The EPA received four public comments on this action. Specifically,
the EPA received suggested changes and clarifications from LACC, LLC,
Marathon Petroleum Company, LP (for itself and on behalf of its
subsidiary, Blanchard Refining, LLC), and ExxonMobil Corporation. The
EPA also received one comment that does not mention any of the AMEL
requests at issue and is, therefore, outside the scope

of the action. As discussed in more detail below, we have modified or
otherwise clarified certain operating conditions in response to
comments.\2\ All of the comments within the scope of the AMEL requests
were supportive of the EPA approving the AMEL requests, and none of the
comments raised issues with the EPA's authority to approve these AMEL
requests under the CAA. None of the commenters asserted that the EPA
lacked authority to approve the AMEL requests or that the AMEL requests
would not achieve at least equivalent emissions reductions as flares
that meet the standards in the General Provisions or in the Petroleum
Refinery MACT at 40 CFR 63.670(r).
---------------------------------------------------------------------------

    \2\ As explained below, we have clarified the reporting
requirements for Exxon's Flare 26 in response to a comment by Exxon.
We have similarly clarified Marathon's Garyville's and GBR's MPGFs
reporting requirements as a result of this comment.
---------------------------------------------------------------------------

    Comment: LACC, LLC commented that the monitoring requirement in
section (3) to install a video camera capable of continuously recording
(i.e., at least one frame every 15 seconds with time and date stamps)
images of the flare flame at a reasonable distance and suitable angle,
will work for their MPGF, but not for their enclosed ground flare. LACC
stated that it is not technically feasible to install a video camera
and monitor the flare flame within the enclosed ground flare.
Alternatively, LACC stated that it can monitor for the presence of
visible emissions from the enclosed ground flare by using a video
camera to monitor at the exit of the stack exhaust.
    Response: We agree that, although the camera would not be able to
directly monitor visible emissions from the flare flame because of the
enclosure, conducting visible emissions observations at the stack would
be a reliable indicator of compliance with the requirements in section
(3) below. Therefore, we accept this alternative and have made the
appropriate change in section (3) below.
    Comment: Marathon Petroleum Company, LP commented that the
operating conditions in Table 2 do not reflect what they requested in
their AMEL for the MPGF at their Garyville refinery. They stated that
they needed separate NHVcz limits for the pressure-assisted linear
relief gas oxidizers (LRGO burners) and the steam-assisted steam
kinetic energy combustors (SKEC burners) when both are being used
simultaneously. Marathon explained that the SKEC burners would have a
considerably different NHVcz value because of steam assist. This is
because the steam assist is included in the NHVcz calculation for the
SKEC burners, but not for the LRGO burners, given that the LRGO burners
do not have steam assist.
    Response: The EPA acknowledges that the April notice did not
reflect Marathon Petroleum Company, LP's supplemental request for the
Garyville MPGF to maintain separate burner limits such that the SKEC
burners would meet the NHVcz target from the SKEC equation and the LRGO
burners would meet 600 British thermal units per standard cubic feet
(BTU/scf). We discussed with Marathon its supplemental request upon
receiving the comment. As we explained in that discussion, based on our
review of the information provided by Marathon, the steam-to-vent gas
ratio for the SKEC burners is not high enough to significantly affect
the NHVcz during the high pressure flaring scenario. Therefore, we
conclude that the burner requirements as set out in the April 25, 2018,
AMEL document are appropriate. Marathon concurred with this conclusion
in an email response after the comment period closed (available in
Docket ID No. EPA-HQ-OAR-2014-0738 and EPA-HQ-OAR-2010-0682).
    Comment: Marathon Petroleum Company, LP commented that the
requirement should be NHVvg = NHVcz with a limit of >=600 BTU/scf for
the LH burner, and NHVcz >=600 BTU/scf for LRGO burners. Marathon notes
that, as explained in its February 2, 2018, and March 27, 2018,
supplemental letters, since the LH burner is air-assisted, therefore,
the LH burner limitations provided in its request correspond to the
NHVvg and not the NHVcz. Marathon further notes that the Petroleum
Refinery requirements at 40 CFR 63.670(m)(1) states that NHVvg = NHVcz
when there is no premix assist air flow.
    Response: For the reasons provided in Marathon's comment, we agree
that for the LH burner, which is perimeter air assisted and not pre-mix
air assisted, the NHVvg equals NHVcz. We, therefore, made this change
in Table 2 below.
    Comment: ExxonMobil Corporation commented on a typographical
correction in Table 2 for the Baytown, Texas, Flexicoker Flare 26. The
proposed alternative operating condition was listed as >=270 BTU/scf
NHVcz and velocity of <361 feet per second (ft/sec). However, the
performance test results for the Flare 26 demonstrate that the
destruction efficiency met 98 percent at 361 ft/sec.
    Response: We accept this correction and made the change in Table 2
to <=361 ft/sec.
    Comment: ExxonMobil Corporation commented that the EPA should
include a default molecular weight for pipeline natural gas that
corresponds to an NHV of 920 BTU/scf listed in 40 CFR 63.670(j)(5).
    Response: We agree and are specifying the molecular weight of
pipeline natural gas as 16.85 grams per gram mole (g/mol). It would be
burdensome for Exxon to take samples of natural gas to determine
molecular weight, when very little changes in molecular weight are
expected. Therefore, we are specifying the molecular weight of natural
gas of 16.85 can be used. This molecular weight is based on our default
natural gas composition that was used to determine the net heating
value in 40 CFR 63.670.
    Comment: ExxonMobil Corporation commented that the accuracy and
calibration requirements in section (1)(f) of the initial Federal
Register document should apply only to flares at chemical plants
seeking AMEL approval since flares such as Exxon's Flare 26 is already
subject to the accuracy and calibration requirements in the Petroleum
Refinery MACT at 40 CFR 63.671(a)(1) and (4) and Table 13.
    Response: We agree and have clarified in section (1)(f) below that
the accuracy and calibration requirements listed in Table 4 do not
apply to refinery flares subject to requirements at 40 CFR 63.671(a)(1)
and (4) and Table 13 of 40 CFR part 63, subpart CC.
    Comment: ExxonMobil Corporation commented that the Flare 26 follows
the Petroleum Refinery MACT requirement at 40 CFR part 63, subpart CC,
for pilot flame operations and does not use cross-lighting for the
flare operation. They stated that the EPA should clarify in section (2)
that the Flare 26 is only required to maintain flare pilots per the
Petroleum Refinery MACT requirements in 40 CFR 63.670(b).
    Response: We agree that the requirements in section (2), which
apply to flares that cross light, should not apply to Flare 26 because
it does not use cross-lighting. We have made this change in section (2)
below.
    Comment: ExxonMobil Corporation commented that the EPA should
clarify which reporting requirements apply to the Flare 26 in section
(6) and clarify that the reporting requirements for the flare tip
velocity and NHVcz are applicable when regulated material is routed to
the flare for at least 15 minutes.
    Response: While we believe that the records required in section
(6)(c) are essentially the same as the reporting requirements in
Petroleum Refinery NESHAP, 40 CFR part 63, subpart CC, section (6)(c)
requires additional records related to the operation of MPGFs, which do
not apply to Flare 26. Further,

we agree that the operating limits for NHVcz and Vtip apply whenever
regulated material is routed to the flares for at least 15 minutes, as
specified by 40 CFR part 63, subpart CC; Therefore, we are requiring
that Flare 26 comply with the reporting requirements in the Petroleum
Refinery NESHAP, 40 CFR part 63, subpart CC, instead of section (6) as
part of this AMEL approval. However, MPGFs located at petroleum
refineries must comply with the additional reporting requirements for
MPGFs in (6)(c)(iv) and (v). To avoid other potential confusion, we are
clarifying the applicability of section (6)(c) to all the flares
covered in this notice. Specifically, section (6)(c) below provides
that flares at refineries must meet the requirements in the Petroleum
Refinery MACT in 40 CFR 63.655(g)(11)(i)-(iii), except that the
applicable alternative operating conditions listed in Table 2 apply
instead of the operating limits specified in 40 CFR 63.670(d) through
(f). In addition, for refinery flares that are MPGFs, notification
shall also include records specified in section (6)(c)(iv)-(v). For
LACC MPGFs, the notification shall include the records specified in
section (6)(c)(i)-(v).

III. AMEL for the Flares

    Based upon our review of the AMEL requests and the comments
received through the public comment period, we are approving these AMEL
requests and are establishing operating conditions for the flares at
issue. The AMEL and the associated operating conditions are specified
in Table 2 and accompanying paragraphs. These operating conditions will
ensure that these flares will achieve emission reductions at least
equivalent to flares complying with the flare requirements under the
applicable NESHAP and NSPS identified in Table 1.

                                    Table 2--Alternative Operating Conditions
----------------------------------------------------------------------------------------------------------------
                                               Affected
    AMEL submitted          Company           facilities       Flare type(s)    Alternative operating conditions
----------------------------------------------------------------------------------------------------------------
11/7/17..............  ExxonMobil.......  Baytown, TX        Elevated gas-      >=270 BTU/scf NHV and velocity
                                           Flexicoker Flare   assist flare.      <=361 (ft/sec).
                                           26.
10/7/17..............  Marathon.........  Garyville, LA....  2 MPGFs..........  When both SKEC and LRGO burners
                                                                                are being used, the higher of
                                                                                >=600 BTU/scf NHV or >=127.27
                                                                                ln(v)-110.87 NHV. When only the
                                                                                SKEC burner is being used
                                                                                >=127.27 ln(v)-110.87 NHV.
10/7/17..............  Marathon/          GBR (Texas City,   MPGF.............  NHV >=600 BTU/scf for the LH
                        Blanchard          TX).                                  burner, and NHV >=600 BTU/scf
                        Refining.                                                for LRGO burners.
9/19/17..............  Chalmette          Chalmette, LA....  Elevated multi-    >=1,000 BTU/scf NHV or LFL <=6.5
                        Refining.                             point flare.       vol%.
5/1/17...............  LACC.............  Lake Charles, LA.  2 MPGFs..........  >=1075 BTU/scf NHV for INDAIR
                                                                                Burners; >=800 BTU/scf NHV for
                                                                                LRGO only.
----------------------------------------------------------------------------------------------------------------

    (1) All flares must be operated such that the combustion zone gas
net heating value (NHVcz) or the lower flammability in the combustion
zone (LFLcz) as specified in Table 2 is met. Owners or operators must
demonstrate compliance with the applicable NHVcz or LFLcz specified in
Table 2 on a 15-minute block average. Owners or operators must
calculate and monitor for the NHVcz or LFLcz according to the
following:
    (a) Calculation of NHVcz
    (i) If an owner or operator elects to use a monitoring system
capable of continuously measuring (i.e., at least once every 15
minutes), calculating, and recording the individual component
concentrations present in the flare vent gas, NHVvg shall be calculated
using the following equation:

[GRAPHIC] [TIFF OMITTED] TN17SE18.002

Where:

NHVvg = Net heating value of flare vent gas, BTU/scf. Flare vent gas
means all gas found just prior to the tip. This gas includes all
flare waste gas (i.e., gas from facility operations that is directed
to a flare for the purpose of disposing the gas), flare sweep gas,
flare purge gas, and flare supplemental gas, but does not include
pilot gas.
i = Individual component in flare vent gas.
n = Number of components in flare vent gas.
xi = Concentration of component i in flare vent gas, volume
fraction.
NHVi = Net heating value of component i determined as the heat of
combustion where the net enthalpy per mole of offgas is based on
combustion at 25 degrees Celsius ([deg]C) and 1 atmosphere (or
constant pressure) with water in the gaseous state from values
published in the literature, and then the values converted to a
volumetric basis using 20 [deg]C for ``standard temperature.'' Table
3 summarizes component properties including net heating values.

    (ii) If the owner or operator uses a continuous net heating value
monitor, the owner or operator may, at their discretion, install,
operate, calibrate, and maintain a monitoring system capable of
continuously measuring, calculating, and recording the hydrogen
concentration in the flare vent gas. The owner or operator shall use
the following equation to determine NHVvg for each sample measured via
the net heating value monitoring system.

[GRAPHIC] [TIFF OMITTED] TN17SE18.003

    Where:

NHVvg = Net heating value of flare vent gas, BTU/scf.
NHVmeasured = Net heating value of flare vent gas stream as measured
by the continuous net heating value monitoring system, BTU/scf.
xH2 = Concentration of hydrogen in flare vent gas at the time the
sample was input into the net heating value monitoring system,
volume fraction.
938 = Net correction for the measured heating value of hydrogen
(1,212 -274), BTU/scf.

    (iii) For non-assisted flare burners, and the GBR LH burner, NHVvg
= NHVcz. For assisted burners, such as the Marathon Garyville MPGF SKEC
burners, and the Exxon Flare 26 gas-assisted burner, NHVcz is
calculated using Equation 3.
[GRAPHIC] [TIFF OMITTED] TN17SE18.004

Where:

NHVcz = Net heating value of combustion

zone gas, BTU/scf.
NHVvg = Net heating value of flare vent gas for the 15-minute block
period as determined according to (1)(a)(i), BTU/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 15-
minute block period, scf.
Qag = Cumulative volumetric flow of assist gas during the 15-minute
block period, scf flow rate, scf.
NHVag = Net heating value of assist gas, BTU/scf; this is zero for
air or for steam.

    (b) Calculation of LFLcz
    (i) The owner or operator shall determine LFLcz from compositional
analysis data by using the following equation:
[GRAPHIC] [TIFF OMITTED] TN17SE18.005

Where:

LFLvg = Lower flammability limit of flare vent gas, volume percent
(vol %).
n = Number of components in the vent gas.
i = Individual component in the vent gas.
[chi]i = Concentration of component i in the vent gas, vol %.
LFLi = Lower flammability limit of component i as determined using
values published by the U.S. Bureau of Mines (Zabetakis, 1965), vol
%. All inerts, including nitrogen, are assumed to have an infinite
LFL (e.g., LFLN2 = [infin], so that [chi]N2/LFLN2 = 0). LFL values
for common flare vent gas components are provided in Table 3.

    (ii) For non-assisted flare burners, LFLvg = LFLcz.
    (c) Calculation of Vtip
    For the ExxonMobil Flare 26, the owner or operator shall calculate
the 15-minute block average Vtip by using the following equation:
[GRAPHIC] [TIFF OMITTED] TN17SE18.006

Where:

Vtip = Flare tip velocity, ft/sec.
Qvg = Cumulative volumetric flow of vent gas over 15-minute block
average period, scf.
Area = Unobstructed area of the flare tip, square ft.
900 = Conversion factor, seconds per 15-minute block average.

    (d) For all flare systems specified in this document, the owner or
operator shall install, operate, calibrate, and maintain a monitoring
system capable of continuously measuring the volumetric flow rate of
flare vent gas (Qvg), the volumetric flow rate of total assist steam
(Qs), the volumetric flow rate of total assist air (Qa), and the
volumetric flow rate of total assist gas (Qag).
    (i) The flow rate monitoring systems must be able to correct for
the temperature and pressure of the system and output parameters in
standard conditions (i.e., a temperature of 20 [deg]C
(68[emsp14][deg]F) and a pressure of 1 atmosphere).
    (ii) Mass flow monitors may be used for determining volumetric flow
rate of flare vent gas provided the molecular weight of the flare vent
gas is determined using compositional analysis so that the mass flow
rate can be converted to volumetric flow at standard conditions using
the following equation:
[GRAPHIC] [TIFF OMITTED] TN17SE18.007

Where:

    Qvol = Volumetric flow rate, scf/sec.
    Qmass = Mass flow rate, pounds per sec.
    385.3 = Conversion factor, scf per pound-mole.
    MWt = Molecular weight of the gas at the flow monitoring
location, pounds per pound-mole.

    (e) For each measurement produced by the monitoring system used to
comply with (1)(a)(ii), the operator shall determine the 15-minute
block average as the arithmetic average of all measurements made by the
monitoring system within the 15-minute period.
    (f) The owner or operator must follow the accuracy and calibration
procedures according to Table 4. Flares at refineries must meet the
accuracy and calibration requirements in the Petroleum Refinery MACT at
40 CFR 63.671(a)(1) and (4) and Table 13. Maintenance periods,
instrument adjustments, or checks to maintain precision and accuracy
and zero and span adjustments may not exceed 5 percent of the time the
flare is receiving regulated material.

                                    Table 3--Individual Component Properties
----------------------------------------------------------------------------------------------------------------
                                                                  MW (pounds per
              Component                    Molecular formula        pound-mole)    NHV (BTU/scf)  LFL (volume %)

----------------------------------------------------------------------------------------------------------------
Acetylene...........................  C2H2......................           26.04           1,404             2.5
Benzene.............................  C6H6......................           78.11           3,591             1.3
1,2-Butadiene.......................  C4H6......................           54.09           2,794             2.0
1,3-Butadiene.......................  C4H6......................           54.09           2,690             2.0
iso-Butane..........................  C4H10.....................           58.12           2,957             1.8
n-Butane............................  C4H10.....................           58.12           2,968             1.8
cis-Butene..........................  C4H8......................           56.11           2,830             1.6
iso-Butene..........................  C4H8......................           56.11           2,928             1.8
trans-Butene........................  C4H8......................           56.11           2,826             1.7
Carbon Dioxide......................  CO2.......................           44.01               0         [infin]
Carbon Monoxide.....................  CO........................           28.01             316            12.5
Cyclopropane........................  C3H6......................           42.08           2,185             2.4
Ethane..............................  C2H6......................           30.07           1,595             3.0
Ethylene............................  C2H4......................           28.05           1,477             2.7
Hydrogen............................  H2........................            2.02         * 1,212             4.0
Hydrogen Sulfide....................  H2S.......................           34.08             587             4.0
Methane.............................  CH4.......................           16.04             896             5.0
Methyl-Acetylene....................  C3H4......................           40.06           2,088             1.7
Nitrogen............................  N2........................           28.01               0         [infin]
Oxygen..............................  O2........................           32.00               0         [infin]
Pentane+ (C5+)......................  C5H12.....................           72.15           3,655             1.4
Propadiene..........................  C3H4......................           40.06           2,066            2.16
Propane.............................  C3H8......................           44.10           2,281             2.1
Propylene...........................  C3H6......................           42.08           2,150             2.4

Water...............................  H2O.......................           18.02               0         [infin]
----------------------------------------------------------------------------------------------------------------
* The theoretical net heating value for hydrogen is 274 BTU/scf, but for the purposes of the flare requirement
  in this subpart, a net heating value of 1,212 BTU/scf shall be used.

                                 Table 4--Accuracy and Calibration Requirements
----------------------------------------------------------------------------------------------------------------
               Parameter                     Accuracy requirements              Calibration requirements
----------------------------------------------------------------------------------------------------------------
Flare Vent Gas Flow Rate..............  20 percent of flow  Performance evaluation biennially (every
                                         rate at velocities ranging      2 years) and following any period of
                                         from 0.1 to 1 foot per second.  more than 24 hours throughout which the
                                        5 percent of flow    flow rate exceeded the maximum rated
                                         rate at velocities greater      flow rate of the sensor, or the data
                                         than 1 foot per second.         recorder was off scale. Checks of all
                                                                         mechanical connections for leakage
                                                                         monthly. Visual inspections and checks
                                                                         of system operation every 3 months,
                                                                         unless the system has a redundant flow
                                                                         sensor.
                                                                        Select a representative measurement
                                                                         location where swirling flow or
                                                                         abnormal velocity distributions due to
                                                                         upstream and downstream disturbances at
                                                                         the point of measurement are minimized.
Flow Rate for All Flows Other Than      5 percent over the  Conduct a flow sensor calibration check
 Flare Vent Gas.                         normal range of flow measured   at least biennially (every 2 years);
                                         or 1.9 liters per minute (0.5   conduct a calibration check following
                                         gallons per minute),            any period of more than 24 hours
                                         whichever is greater, for       throughout which the flow rate exceeded
                                         liquid flow.                    the manufacturer's specified maximum
                                                                         rated flow rate or install a new flow
                                                                         sensor.
                                        5 percent over the  At least quarterly, inspect all
                                         normal range of flow measured   components for leakage, unless the
                                         or 280 liters per minute (10    continuous parameter monitoring system
                                         cubic feet per minute),         (CPMS) has a redundant flow sensor.
                                         whichever is greater, for gas
                                         flow.
                                        5 percent over the  Record the results of each calibration
                                         normal range measured for       check and inspection.
                                         mass flow.                     Locate the flow sensor(s) and other
                                                                         necessary equipment (such as
                                                                         straightening vanes) in a position that
                                                                         provides representative flow; reduce
                                                                         swirling flow or abnormal velocity
                                                                         distributions due to upstream and
                                                                         downstream disturbances.
Pressure..............................  5 percent over the  Review pressure sensor readings at least
                                         normal range measured or 0.12   once a week for straight-line
                                         kilopascals (0.5 inches of      (unchanging) pressure and perform
                                         water column), whichever is     corrective action to ensure proper
                                         greater.                        pressure sensor operation if blockage
                                                                         is indicated.
                                                                        Performance evaluation annually and
                                                                         following any period of more than 24
                                                                         hours throughout which the pressure
                                                                         exceeded the maximum rated pressure of
                                                                         the sensor, or the data recorder was
                                                                         off scale. Checks of all mechanical
                                                                         connections for leakage monthly. Visual
                                                                         inspection of all components for
                                                                         integrity, oxidation, and galvanic
                                                                         corrosion every 3 months, unless the
                                                                         system has a redundant pressure sensor.
                                                                        Select a representative measurement
                                                                         location that minimizes or eliminates
                                                                         pulsating pressure, vibration, and
                                                                         internal and external corrosion.
Net Heating Value by Calorimeter......  2 percent of span.  Calibration requirements--follow
                                                                         manufacturer's recommendations at a
                                                                         minimum.
                                                                        Temperature control (heated and/or
                                                                         cooled as necessary) the sampling
                                                                         system to ensure proper year-round
                                                                         operation.
                                                                        Where feasible, select a sampling
                                                                         location at least 2 equivalent
                                                                         diameters downstream from and 0.5
                                                                         equivalent diameters upstream from the
                                                                         nearest disturbance. Select the
                                                                         sampling location at least 2 equivalent
                                                                         duct diameters from the nearest control
                                                                         device, point of pollutant generation,
                                                                         air in-leakages, or other point at
                                                                         which a change in the pollutant
                                                                         concentration or emission rate occurs.
Net Heating Value by Gas Chromatograph  As specified in Performance     Follow the procedure in PS 9 of 40 CFR
                                         Standard (PS) 9 of 40 CFR       part 60, appendix B, except that a
                                         part 60, appendix B.            single daily mid-level calibration
                                                                         check can be used (rather than
                                                                         triplicate analysis), the multi-point
                                                                         calibration can be conducted quarterly
                                                                         (rather than monthly), and the sampling
                                                                         line temperature must be maintained at
                                                                         a minimum temperature of 60 [deg]C
                                                                         (rather than 120 [deg]C).
Hydrogen Analyzer.....................  2 percent over the  Specify calibration requirements in your
                                         concentration measured, or      site specific CPMS monitoring plan.
                                         0.1 volume, percent,            Calibration requirements--follow
                                         whichever is greater.           manufacturer's recommendations at a
                                                                         minimum.
                                                                        Specify the sampling location at least 2
                                                                         equivalent duct diameters from the
                                                                         nearest control device, point of
                                                                         pollutant generation, air in-leakages,
                                                                         or other point at which a change in the
                                                                         pollutant concentration occurs.
----------------------------------------------------------------------------------------------------------------

    (2) The flare system shall be operated with a flame present at all
times when in use. Additionally, each stage that cross-lights must have
at least two pilots with a continuously lit pilot flame, except for
Chalmette's No. 1 Flare, which has one pilot for each stage, excluding
stages 8A and 8B. Each pilot flame must be continuously monitored by a
thermocouple or any other equivalent device used to detect the presence
of a flame. The time, date, and duration of any complete loss of pilot
flame on any of the burners must be recorded. Each monitoring device
must be maintained or replaced at a frequency in accordance with the
manufacturer's specifications. The ExxonMobil flare, Flare 26, and
GBR's LH flare must meet the requirements in the Petroleum Refinery
MACT at 40 CFR 63.670(b) instead of the requirements herein in section
(2).
    (3) Flares at refineries shall comply with the Petroleum Refinery
MACT requirements of 40 CFR 63.670(h). For LACC, LLC's MPGFs, the flare
system shall be operated with no visible emissions except for periods
not to exceed a total of 5 minutes during any

2 consecutive hours. A video camera that is capable of continuously
recording (i.e., at least one frame every 15 seconds with time and date
stamps) images of the flare flame and a reasonable distance above the
flare flame at an angle suitable for visible emissions observations
must be used to demonstrate compliance with this requirement. For
LACC's enclosed ground flare, LACC must install a video camera that is
capable of continuously recording (i.e., at least one frame every 15
seconds with time and date stamps) the stack exhaust exit at a
reasonable distance and at an angle suitable for visible emissions
observation in order to demonstrate compliance with this requirement.
The owner or operator must provide real-time video surveillance camera
output to the control room or other continuously manned location where
the video camera images may be viewed at any time.
    (4) For the MPGFs and Chalmette's No. 1 Flare, the owner or
operator of a flare system shall install and operate pressure
monitor(s) on the main flare header, as well as a valve position
indicator monitoring system capable of monitoring and recording the
position for each staging valve to ensure that the flare operates
within the range of tested conditions or within the range of the
manufacturer's specifications. Flares at refineries must meet the
accuracy and calibration requirements in the Petroleum Refinery MACT at
40 CFR 63.671(a)(1) and (4) and Table 13. The pressure monitor at LACC
shall meet the accuracy and calibration requirements in Table 4.
Maintenance periods, instrument adjustments or checks to maintain
precision and accuracy, and zero and span adjustments may not exceed 5
percent of the time the flare is receiving regulated material.
    (5) Recordkeeping Requirements
    (a) All data must be recorded and maintained for a minimum of 3
years or for as long as required under applicable rule subpart(s),
whichever is longer.
    (6) Reporting Requirements
    (a) The information specified in section III(6)(b) and (c) below
must be reported in the timeline specified by the applicable rule
subpart(s) for which the flare will control emissions.
    (b) Owners or operators shall include the final AMEL operating
requirements for each flare in their initial Notification of Compliance
status report.
    (c) The owner or operator shall notify the Administrator of periods
of excess emissions in their Periodic Reports. The owner or operator of
refinery flares shall meet the reporting requirements in the Petroleum
Refinery MACT in 40 CFR 63.655(g)(11)(i)-(iii), except that the
applicable alternative operating conditions listed in Table 2 apply
instead of the operating limits specified in 40 CFR 63.670(d) through
(f). In addition, for refinery flares that are MPGFs, notification
shall also include records specified in section (iv)-(v) below. For
LACC MPGFs, the notification shall include the records specified in
section (i)-(v) below.
    (i) Records of each 15-minute block for all flares during which
there was at least 1 minute when regulated material was routed to the
flare and a complete loss of pilot flame on a stage of burners
occurred, and for all flares, records of each 15-minute block during
which there was at least 1 minute when regulated material was routed to
the flare and a complete loss of pilot flame on an individual burner
occurred.
    (ii) Records of visible emissions events (including the time and
date stamp) that exceed more than 5 minutes in any 2-hour consecutive
period.
    (iii) Records of each 15-minute block period for which an
applicable combustion zone operating condition (i.e., NHVcz or LFLcz)
is not met for the flare when regulated material is being combusted in
the flare. Indicate the date and time for each period, the NHVcz and/or
LFLcz operating parameter for the period, the type of monitoring system
used to determine compliance with the operating parameters (e.g., gas
chromatograph or calorimeter), and also indicate which high-pressure
stages were in use.
    (iv) Records of when the pressure monitor(s) on the main flare
header show the flare burners are operating outside the range of tested
conditions or outside the range of the manufacturer's specifications.
Indicate the date and time for each period, the pressure measurement,
the stage(s) and number of flare burners affected, and the range of
tested conditions or manufacturer's specifications.
    (v) Records of when the staging valve position indicator monitoring
system indicates a stage of the flare should not be in operation and is
or when a stage of the flare should be in operation and is not.
Indicate the date and time for each period, whether the stage was
supposed to be open, but was closed, or vice versa, and the stage(s)
and number of flare burners affected.

    Dated: September 11, 2018.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2018-20148 Filed 9-14-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 15, 2010 (Volume 75, Number 10)]
[Notices]
[Page 2581]
[DOCID:fr15ja10-96]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Eighty-First Meeting: RTCA Special Committee 159: Global
Positioning System (GPS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 159 meeting: Global
Positioning System (GPS).

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 159: Global Positioning System (GPS).

DATES: The meeting will be held February 2-5, 2010, from 9 a.m. to 4:30
p.m. (unless stated otherwise).

ADDRESS: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC, 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC, 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 159: Global Positioning System
(GPS) meeting. The agenda will include:

Specific Working Group Sessions

Tuesday, February 2nd

     All Day, Working Group 2C, GPS/Inertial, Colson Board
Room.

Wednesday, February 3rd

     All Day, Working Group 2, GPS/WAAS, Colson Board Room.
     All Day, Working Group 4, Precision Landing Guidance (GPS/
LAAS), MacIntosh-NBAA Room & Hilton-ATA Room.

Thursday, February 4th

     Morning (9 a.m.-12 p.m.), Working Group 4, Precision
Landing Guidance (GPS/LAAS), MacIntosh-NBAA Room & Hilton-ATA Room.
     Afternoon (1 p.m.-5 p.m.), Working Groups 2, 4, 6 & 7,
Joint Session, MacIntosh-NBAA Room & Hilton-ATA Room.

Friday, February 5th

Plenary Session--See Agenda Below

    Agenda--Plenary Session--Agenda: February 5th, 2010--starting at 9
a.m.; MacIntosh-NBAA & Hilton-ATA Rooms.
     Chairman's Introductory Remarks.
     Approval of Summary of the Eightieth Meeting held October
2, 2009, RTCA Paper No. 002-09/SC159-982.
     Review Working Group (WG) Progress and Identify Issues for
Resolution:
     GPS/3rd Civil Frequency (WG-1).
     GPS/WAAS (WG-2).
     GPS/GLONASS (WG-2A).
     GPS/Inertial (WG-2C).
     GPS/Precision Landing Guidance (WG- 4).
     GPS/Airport Surface Surveillance (WG-5).
     GPS/Interference (WG-6).
     GPS/Antennas (WG-7).
     Review of EUROCAE Activities.
     GEAS Update Briefing.
     Assignment/Review of Future Work.
     Other Business.
     Date and Place of Next Meeting
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on January 7, 2010.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 2010-659 Filed 1-14-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Notices]
[Pages 14171-14172]
[FR Doc No: 2019-06929]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85498; File No. SR-NASDAQ-2019-004]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change To Adopt a New MIDP Routing Option Under Rule 4758
and Make a Conforming Change to Rule 4703(e)

April 3, 2019.
    On January 31, 2019, The Nasdaq Stock Market LLC filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section

19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to adopt a new MIDP routing
option under Rule 4758 and make a conforming change to Rule 4703(e).
The proposed rule change was published for comment in the Federal
Register on February 19, 2019.\3\ The Commission has received no
comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85113 (February 12,
2019), 84 FR 4885.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is April 5, 2019.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
proposed rule change.
    Accordingly, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designates May 20, 2019, as the date by which the Commission
shall either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
NASDAQ-2019-004).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06929 Filed 4-8-19; 8:45 am]
BILLING CODE 8011-01-P