[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Proposed Rules]
[Pages 6485-6491]
[FR Doc No: 2015-02335]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R04-OAR-2014-0220; FRL-9922-41-Region 4]

Air Quality Implementation Plan; Florida; Attainment Plan for the
Hillsborough Area for the 2008 Lead National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the state implementation plan (SIP), submitted by
the State of Florida through the Florida Department of Environmental
Protection (FL DEP), to EPA on June 29, 2012, as amended on June 27,
2013, for the purpose of providing for attainment of the 2008 Lead (Pb)
National Ambient Air Quality Standards (NAAQS) in the Hillsborough 2008
Lead nonattainment area (hereafter referred to as the ``Hillsborough
Area'' or ``Area''). The Hillsborough Area is comprised of a portion of
Hillsborough County in Florida surrounding EnviroFocus Technologies,
LLC (hereafter referred to as ``EnviroFocus''). The attainment plan
includes the base year emissions inventory, an analysis of reasonably
available control technology (RACT) and reasonably available control
measures (RACM), reasonable further progress (RFP) plan, modeling
demonstration of lead attainment, and contingency measures for the
Hillsborough Area. This action is being taken in accordance with the
Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before March 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2014-0220 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2014-0220 Air Regulatory Management Section
(formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0220. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly

to EPA without going through www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo of the Air Regulatory
Management Section in the Air Planning and Implementation Branch; Air,
Pesticides and Toxics Management Division; U.S. Environmental
Protection Agency; Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Farngalo may be reached by phone at<PHONE_NUMBER>, or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing to take?
II. What is the background for EPA's proposed action?
III. What is included in Florida's attainment plan submittal for the
Hillsborough area?
IV. What is EPA's analysis of Florida's submittal for the
Hillsborough area?
    1. Pollutants Addressed
    2. Emissions Inventory Requirements
    3. Attainment Planning Modeling
    4. RACM/RACT
    5. RFP Plan
    6. Contingency Measures
    7. Attainment Date
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing to take?

    EPA is proposing to approve Florida's SIP revisions for the
Hillsborough Area, as submitted through FL DEP to EPA on June 29, 2012
(and later amended on June 27, 2013), for the purpose of demonstrating
attainment of the 2008 Lead NAAQS. Florida's lead attainment plan for
the Hillsborough Area includes a base year emissions inventory, a
modeling demonstration of lead attainment, an analysis of RACM/RACT, a
RFP plan, and contingency measures.
    EPA has preliminarily determined that Florida's attainment plan for
the 2008 Lead NAAQS for the Hillsborough Area meets the applicable
requirements of the CAA. Thus, EPA is proposing to approve Florida's
attainment plan for the Hillsborough Area as submitted on June 29,
2012, and later amended on June 27, 2013. EPA's analysis for this
proposed action is discussed in Section IV of this proposed rulemaking.

II. What is the background for EPA's proposed action?

    On November 12, 2008 (73 FR 66964), EPA revised the Lead NAAQS,
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to
0.15 [mu]g/m\3\ calculated over a three-month rolling average. EPA
established the 2008 Lead NAAQS based on significant evidence and
numerous health studies demonstrating that serious health effects are
associated with exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 71033), EPA
promulgated initial air quality designations for the 2008 Lead NAAQS,
which became effective on December 31, 2010, based on air quality
monitoring data for calendar years 2007--2009, where there was
sufficient data to support a nonattainment designation. Designations
for all remaining areas were completed on November 22, 2011 (76 FR
72097), which became effective on December 31, 2011, based on air
quality monitoring data for calendar years 2008--2010. Effective on
December 31, 2010, the Hillsborough Area was designated as
nonattainment for the 2008 Lead NAAQS. This designation triggered a
requirement for Florida to submit a SIP revision with a plan for how
the Area would attain the 2008 Lead NAAQS, as expeditiously as
practicable, but no later than December 31, 2015.
    FL DEP submitted its SIP submittal for the Hillsborough Area on
June 29, 2012 (and later amended on June 27, 2013), which included the
base year emissions inventory and the attainment demonstration. EPA's
analysis of the submitted attainment plan includes a review of the
pollutant addressed, emissions inventory requirements, modeling, RACT
and RACM requirements, RFP plan, and contingency measures for the
Hillsborough Area.

III. What is included in Florida's attainment plan submittal for the
Hillsborough area?

    In accordance with section 172(c) of the CAA and the SIP Toolkit,
the Florida attainment plan for the Hillsborough Area includes: (1) An
emissions inventory for the plan's base year (2009); and (2) an
attainment demonstration. The attainment demonstration includes:
technical analyses that locate, identify and quantify sources of
emissions contributing to violations of the 2008 Lead NAAQS; a modeling
analysis of an emissions control strategy for the EnviroFocus facility
that attains the level of the Lead NAAQS by the attainment year (2015),
a construction permit for the EnviroFocus facility that includes
emissions reduction measures with schedules for implementation and
compliance; and contingency measures required under section 172(c)(9)
of the CAA.

IV. What is EPA's analysis of Florida's submittal for the Hillsborough
area?

    The CAA requirements (see, e.g., section 172(c)(4)) and the Lead
SIP regulations found at 40 CFR 51.117) require states to employ
atmospheric dispersion modeling for the demonstration of attainment of
the Lead NAAQS for areas in the vicinity of point sources listed in 40
CFR 51.117(a)(1), as expeditiously as practicable. The demonstration
must also meet the requirements of 40 CFR 51.112 and Part 51, Appendix
W, and include inventory data, modeling results, and emissions
reduction analyses on which the State has based its projected
attainment. All these requirements comprise the ``attainment plan''
that is required for

lead nonattainment areas. In the case of the Hillsborough Area, EPA is
proposing to approve the attainment plan submitted by Florida on June
29, 2012, and later amended June 27, 2013. More detail on EPA's
analysis is provided below.

1. Pollutants Addressed

    Florida's lead attainment plan evaluates lead emissions in the
Hillsborough Area within the portion of Hillsborough County designated
nonattainment for the 2008 Lead NAAQS. There are no precursors to
consider for the lead attainment plan.

2. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop
comprehensive, accurate and current inventories of actual emissions
from all sources of the relevant pollutant or pollutants in the area.
These inventories provide a detailed accounting of all emissions and
emission sources by precursor or pollutant. In the November 12, 2008,
Lead Standard rulemaking, EPA finalized the emissions inventories
requirements. The current regulations are located at 40 CFR 51.117(e),
and include, but are not limited to, the following emissions inventory
requirements:
     The SIP inventory must be approved by EPA as a SIP element
and is subject to public hearing requirements; and
     The point source inventory upon which the summary of the
baseline for lead emissions inventory is based must contain all sources
that emit 0.5 or more tons of lead per year.
    For the base year inventory of actual emissions, EPA generally
recommends using either the year 2010 or 2011 as the base year for the
contingency measure calculations, but does provide flexibility for
using other inventory years if states can show another year is more
appropriate.\1\ For Lead SIPs, the CAA requires that all sources of
lead emissions in the nonattainment area be submitted with the base-
year inventory. In today's action, EPA is proposing to approve the base
year emissions inventory portion of the SIP revision submitted by
Florida on June 29, 2012 (and later amended on June 27, 2013), as
required by section 172(c)(3).
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    \1\ See EPA document titled ``Addendum to the 2008 Lead NAAQS
Implementation Questions and Answers'' dated August 10, 2012,
included in EPA's SIP Toolkit located at http://www.epa.gov/air/lead/implement.html.
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    The State of Florida did not elect to use 2011 or 2010 as the base
year, but chose to use the year 2009 as the base year. The only source
of lead emissions within the Hillsborough Area is EnviroFocus. The
facility recycles and processes lead from lead-acid batteries and other
lead-bearing materials and produces point source emissions from several
stacks in addition to fugitive emissions. The design value used for
designating the area as nonattainment was based on monitoring data from
2007-2009. In addition, the facility undertook renovations beginning in
2010, to fully enclose the facility and perform other RACM/RACT
measures summarized in Table 3 below, which will facilitate attainment
of the 2008 Lead NAAQS by the 2015 attainment date. The State of
Florida elected to use the year 2009 as the base year, during which
time the renovations activities commenced and further contributed to
the monitoring violations that resulted in the Area being designated
nonattainment for the revised Lead NAAQS. For the purposes of
calculating the nonattainment area emissions inventory, lead emissions
data were taken from the facility's 2009 Annual Operating Report (AOR)
for EnviroFocus' stacks. According to this report, 0.5733 tons of lead
emissions were emitted from stacks in 2009. On this basis, EPA is
proposing to approve the State's decision to elect 2009 as a base year
as appropriate for this purpose.
    Also included in the nonattainment area emissions inventory as
point source emissions are the fugitive lead emissions associated with
EnviroFocus' on-site truck traffic. The lead emissions associated with
the on-site truck traffic were calculated with data used in the
attainment modeling demonstration.\2\ The annual emissions for each
road segment were then summed together to produce annual lead fugitive
emissions associated with all on-site truck traffic. According to this
calculation, 0.0142 tons of fugitive lead emissions were associated
with on-site truck traffic at EnviroFocus in 2009.
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    \2\ This was accomplished by applying the following mathematical
formula: Pb emission rate (pounds (lbs) per hour)/2000 (lbs/ton) *
16 (hours per day that the vehicles operate) * 365 (days per year).
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    The emissions generated from on-site truck traffic are also
attributed to the EnviroFocus facility and are therefore considered to
be a portion of the point source category. As a result, the fugitive
lead emissions associated with the on-site truck traffic were added to
the stack lead emissions from EnviroFocus' 2009 AOR. With this
adjustment, the lead emissions emitted from EnviroFocus in 2009 equals
0.5875 tons of lead emissions.\3\ Table 1 identifies the 2009 base year
for the emissions inventory for the Hillsborough Area.
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    \3\ Not included in this figure are the unquantifiable fugitive
emissions which have been considered to be the major contributor to
monitored violations at the EnviroFocus facility in the past when
the process areas were not completely enclosed.

     Table 1--2009 Base Year Nonattainment Area Emissions Inventory
                             [Tons per year]
------------------------------------------------------------------------
        Emissions unit             Unit description      Lead emissions
------------------------------------------------------------------------
EU 001 *......................  Blast Furnace Exhaust             0.3804
EU 004 *......................  Blast Furnace Tapping             0.1594
                                 & Charging.
EU 011 *......................  Four Refining Kettles             0.0232
EU 015 *......................  Blast Furnace                     0.0103
                                 Enclosure.
                                Quantifiable Fugitive             0.0142
                                 Emissions.
    Total.....................  .....................             0.5875
------------------------------------------------------------------------
* All four of the units are currently inactive as they have been
  replaced as a result of modernization of the facility.

    As previously mentioned, other than EnviroFocus, there are no other
sources of lead emissions in the Hillsborough Lead nonattainment area.
EnviroFocus began a reconstruction and modernization project in 2010 to
fully enclose the facility in order to achieve compliance with the new
Lead NAAQS. FL DEP has verified that the modernization work has been
completed.
    EPA has preliminarily determined that the 2009 base year emissions

inventory estimates submitted are in compliance with section 172(c)(3).
Therefore, EPA is proposing to approve Florida's base year emissions
inventory for the 2008 Lead NAAQS for the Hillsborough Area.

3. Attainment Planning Modeling

    The Florida modeling analysis was prepared using EPA's preferred
dispersion modeling system, the American Meteorological Society/
Environmental Protection Agency Regulatory Model (AERMOD) consisting of
the AERMOD (version 12060) model and two data input preprocessors
AERMET (version 11059), and AERMAP (version 11103), consistent with
EPA's Modeling Guidance \4\ and 40 CFR 51.117. Other EPA processors
used in the modeling include AIRMINUTE, AERSURFACE and LEADPOST
(version 12114). More detailed information on the AERMOD Modeling
system and other modeling tools and documents can be found on the EPA
Technology Transfer Network Support Center for Regulatory Atmospheric
Modeling (SCRAM) (http://www.epa.gov/ttn/scram/) and in Florida's June
29, 2012 submittal, as amended on June 27, 2013, in the docket for this
proposed action (EPA-R04-OAR-2014-0220) on the www.regulations.gov Web
site. A brief description of the modeling used to support the State of
Florida's attainment demonstration is provided below.
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    \4\ 40 CFR part 51 Appendix W (EPA's Guideline on Air Quality
Models) (November 2005) located at http://www.epa.gov/ttn/scram/guidance/guide/appw_05.pdf.
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a. Modeling Approach
    The following is an overview of the air quality modeling approach
used to demonstrate compliance with the 2008 Lead NAAQS, as submitted
in Florida's June 29, 2012 submittal, as amended on June 27, 2013.
     Develop model inputs using the AERMOD modeling system and
processors which include the:
    [cir] AERMOD pre-processors, AERMET and AERMAP to process five
years (i.e., 2006-2010) of 1-minute meteorological data from the
National Weather Service (NWS) at Ruskin and Tampa International
Airport (the closest weather station to EnviroFocus), based on FL DEP's
land use classifications, in combination with upper-air meteorological
data from the Ruskin, Florida, NWS upper-air sounding site;
    [cir] AERMOD pre-processor, AERMAP to generate terrain inputs for
the receptors, based on a digital elevation mapping database from the
National Elevation Dataset developed by the U.S. Geological Survey;
    [cir] AERMOD pre-processor, AERSURFACE to generate direction
specific land use based surface characteristics for the modeling;
    [cir] AERMINUTE processor to reduce the number of calm and missing
winds in the surface data;
    [cir] Development of a Cartesian receptor grid across and along the
nonattainment boundary (approximately 1.14 miles around the EnviroFocus
facility), with 50 meter spacing in ambient air to ensure maximum
concentrations are captured; and
    [cir] Development of all other input options commensurate with the
EPA's Modeling Guidance;
    [cir] Selection of a Lead background concentration based on local
lead monitoring data from monitoring station No. 12-057-0100 (known as
the new ``Kenly'' monitor) for the period June 2010 to March 2012. The
data was obtained from the EPA Air Quality System. This monitor is
approximately 0.9 kilometers to the north of EnviroFocus. Due to its
close proximity to the EnviroFocus facility, monitored concentrations
at this station are strongly influenced by the facility's emissions. As
a result, the data was filtered to remove measurements where the wind
direction could transport pollutants from EnviroFocus to the station.
More specifically, the data was filtered to remove measurements where
at least one hour in the 24-hour measurement period had wind direction
in the range of 175[deg] to 200[deg];
    [cir] Air quality modeling demonstration that includes all lead-
emitting sources for the EnviroFocus facility, as well as a complete
lead modeling inventory of surrounding sources within 50 kilometers of
the Significant Impact Area (SIA) Data for the modeling inventory for
surrounding sources was obtained from FL DEP's Air Resource Management
System (ARMS) database; and
    [cir] Fugitive emissions associated with paved roadways (i.e.,
truck traffic) on the EnviroFocus property were modeled based on the
methodology described in the Texas Natural Resource Conservation
Commission's guidelines, which was specifically developed for modeling
roadway fugitive emissions. Similar to the Industrial Source Complex
User's Guide (EPA, 1995d), emissions from roadways are represented as a
series of volume sources (229 individual road segments). Emission
factors were estimated based upon emissions formulas presented in
Section 13 of AP-42. Since shipping is conducted with 18-wheeler
trucks, maximum vehicle width and height for the State of Florida were
used to estimate the dimensions of the volume sources. The modeling
assumes continuous truck traffic from 6:00 a.m. to 10:00 p.m., seven
days a week, which is a conservative estimate. The methodology for
modeling fugitive emissions from roadways was described in the SIP
proposed by EnviroFocus and its consultant in 2009, as part of the
facility's original permit modeling demonstration. The emissions
sources for EnviroFocus and roadway sources used in the modeling are
included in the Florida SIP, as amended on June 27, 2013.
     Develop 2009 base year and the 2015 control strategy
emissions inventories for input in the air quality model to perform
current and control dispersion modeling. The modernization has been
completed. The maximum allowable emissions post modernization will be
0.96 tons per year (tpy) of lead emissions, which are slightly less
than the allowable emissions prior to the modernization (i.e., 0.97
tpy) which did not account for the substantial fugitive emissions. As
detailed below, the air quality analysis demonstrates that the
modernized facility will comply with the revised Lead NAAQS because the
unquantifiable fugitive emissions will be greatly reduced, primarily
due to the negative-pressure total enclosure of all process areas. More
specifically, virtually all of the current fugitive emissions will be
contained and filtered, with over 99 percent control efficiency prior
to being released through the building ventilation stacks.
     Process AERMOD outputs through EPA's LEADPOST post
processor (version 12114) deriving the maximum 3-month average rolling
design value across the five year meteorological data period.
b. Modeling Results
    The Lead NAAQS compliance results of the attainment modeling are
summarized in Table 2 below. Table 2 presents the results from the
AERMOD modeling that were performed. The modeling used five years
(2006-2010) of meteorological data from the NWS site in Tampa, Florida,
as processed through AERSURFACE, to develop surface characteristics
inputs. Modeling with one set of data was also used since on-site
meteorological data is not available at the EnviroFocus facility.
    As can be seen in Table 2, the maximum 3-month rolling average
across all five years of meteorological data (2006-2010) is less than
or equal to the 2008 Lead NAAQS of 0.15 [mu]g/m\3\ for one set of
AERMOD modeling runs. Output from the LEADPOST processor

which details all of the concentrations can be found in the body of the
June 29, 2012 submittal, as amended on June 27, 2013.

                                                          Table 2--Summary of Modeling Results
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                                                       Maximum predicted      Background
            Pollutant                Averaging time      impact ([mu]g/     concentration       Total impact     NAAQS ([mu]g/m\3\)  Impact greater than
                                                             m\3\)           ([mu]g/m\3\)       ([mu]g/m\3\)                                NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pb..............................  3-month rolling....              0.115              0.016             * 0.13  0.15 [mu]g/m\3\....  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This is the maximum 3 month rolling average.

    The post-control, which includes the RACM and RACT analysis,
resulted in a predicted impact of 0.115 [mu]g/m\3\ (NWS MET data) and
0.016 [mu]g/m\3\ background data. This data indicates significant
reductions in air quality impacts with the future implementation of the
post-construction control plan for the EnviroFocus facility. This data
also supports that the controls represent RACM and RACT for the SIP,
with the control strategy for the facility as reflected in the
facility's construction permit, which includes negative pressure total
enclosure of the process area and compliance with the Secondary Lead
MACT (40 CFR part 63, subpart X). More details on the pre-construction
and post-construction operations at the facility are included in the
Florida SIP. Therefore, on this basis, FL DEP asserted that the
proposed controls are RACM/RACT and should be sufficient to attain 2008
Lead NAAQS.
    EPA has reviewed the modeling that Florida submitted to support the
attainment demonstration for the Hillsborough Area and has
preliminarily determined that this modeling is consistent with CAA
requirements, Appendix W and EPA guidance for lead attainment
demonstration modeling.

4. RACM/RACT

a. Requirements for RACM/RACT
    CAA section 172(c)(1) requires that each attainment plan provides
for the implementation of all reasonably available control measures, as
expeditiously as practicable and attainment of the NAAQS. EPA
interprets RACM, including RACT, under section 172, as measures that a
state determines to be both reasonably available and contribute to
attainment as expeditiously as practicable in the nonattainment area. A
comprehensive discussion of the RACM/RACT requirement for lead
attainment plans and EPA's guidance can be found in the SIP Toolkit.\5\
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    \5\ ``SIP Toolkit--Attainment Demonstrations and Air Quality
Modeling,'' dated April 12, 2012, located at http://www.epa.gov/air/lead/kitmodel.html.
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b. Florida's Evaluation of RACM/RACT Control Measures for the
Hillsborough Area
    On June 29, 2012, and later amended on June 27, 2013, FL DEP
submitted a SIP revision that included a construction permit that was
issued to EnviroFocus for proposed control measures to reduce lead
emissions. Specifically, the construction permit reflecting RACT
controls is included in Section 1-3 of the June 29, 2012 submittal, as
amended, on June 27, 2013. In accordance with the schedule in the
construction permit, the EnviroFocus facility was required to implement
the controls on or before December 31, 2015. As discussed in the
modeling section above, it is projected that the total enclosure of the
building will capture about 99 percent of the fugitive lead emissions,
and provide sufficient emissions reductions for the Hillsborough Area
to attain the 2008 Lead NAAQS. FL DEP represented to EPA that
EnviroFocus has completed implementation of the RACM controls
identified in the permit and summarized in Table 3 below:

                    Table 3--Summary of RACM Controls
------------------------------------------------------------------------
      Description of measure                     Explanation
------------------------------------------------------------------------
Total Enclosure of Facility.......  EnviroFocus Technologies, LLC
                                     totally enclosed the facility with
                                     negative pressure. Ventilated air
                                     will be exhausted from the facility
                                     by two large 195,000 and 160,000
                                     actual cubic feet per minute Torit
                                     cartridge collector filters. The
                                     Torit filters will have high
                                     efficiency particulate air filters
                                     downstream of them. The filter
                                     gases will be emitted from two
                                     stacks with heights of 130 and 190
                                     feet (capable of achieving over 99
                                     percent control efficiency).
Baghouses.........................  EnviroFocus Technologies, LLC will
                                     use baghouses that are capable of
                                     achieving over 99 percent
                                     efficiency for exhaust control of
                                     all the smelting and refining
                                     operations.
Local Exhaust Vents (LEVs)........  EnviroFocus Technologies, LLC will
                                     capture fugitive emissions from the
                                     process using enclosure hoods.
Wet suppression...................  EnviroFocus Technologies, LLC will
                                     use the sprinkler system, vacuum
                                     sweeping, and wheel washing of
                                     vehicles prior to exiting the
                                     building to control fugitive
                                     emissions on the facility ground
                                     and roadways.
------------------------------------------------------------------------

c. Proposed Action on RACM/RACT Demonstration and Control Strategy
    EPA is proposing to approve Florida's determination that the
proposed controls for lead emissions at EnviroFocus constitute RACM/
RACT for that source in the Hillsborough Area based on the summary
above. Further, as summarized above, EPA proposes that no further
controls will be required at the EnviroFocus facility and that the
proposed controls are sufficient for RACM/RACT purposes for the
Hillsborough Area, at this time.
    Since the Hillsborough Area is projected to have attaining levels
of the 2008 Lead NAAQS by the 2015 attainment date, and at this time,
no additional measures could be adopted to achieve attainment one year
sooner, EPA proposes to approve Florida's June 29, 2012 submittal,
amended on June 27, 2013, as meeting the RACM/RACT requirements of the
SIP Toolkit and that

the level of control in the State's submission constitutes RACM/RACT
for purposes of the 2008 Lead NAAQS. By approving these control
measures as RACM/RACT for the EnviroFocus facility for purposes of
Florida's attainment planning, these control measures will become
permanent and enforceable SIP measures to meet the requirements of the
CAA and the 2008 Lead NAAQS.

5. RFP Plan

    Section 172(c)(2) of the CAA requires that an attainment plan
includes a demonstration that shows reasonable further progress for
meeting air quality standards will be achieved through generally linear
incremental improvement in air quality. The term ``reasonable further
progress'' is defined in section 171 to mean ``such annual incremental
reductions in the emissions of the relevant air pollutant as are
required'' for purposes of ensuring attainment of the applicable
national ambient air quality standard by the applicable date. In
accordance with section 172, the RFP requires implementation of all
RACM/RACT as ``expeditiously as practicable.'' Historically, for some
pollutants, RFP has been met by showing annual incremental emission
reductions generally sufficient to maintain linear progress toward
attainment by the applicable attainment date. As stated in the final
Lead Rule (73 FR 67039), EPA concluded that it was appropriate that RFP
requirements be satisfied by the strict adherence to an ambitious
compliance schedule, which is expected to periodically yield
significant emission reductions. For lead nonattainment areas, RFP is
to be achieved by implementing an emission reduction compliance
schedule outlined in the SIP. The RACM control measures for attainment
of the 2008 Lead NAAQS included in the State's submittal have been
modeled to achieve attainment of the NAAQS. The data summarized in
Table 2, and analyzed above, demonstrates that the RACM controls in
Table 3 will be implemented pursuant to an ambitious compliance
schedule and will provide for significant emissions reductions for the
Hillsborough Area. Based on the modeled attainment of the NAAQS, and
the ambitious compliance schedule for the implementation of the control
measures which will yield a significant reduction in lead emissions
from the EnviroFocus facility, EPA has preliminarily determined that FL
DEP's lead attainment plan for the 2008 Lead NAAQS meets the RFP
requirements for the Hillsborough Area. EPA, therefore, proposes to
approve the State's attainment plan with respect to the RFP
requirements.

6. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency
measures are required as additional measures to be implemented in the
event that an area fails to meet the RFP requirements or fails to
attain a standard by its attainment date. These measures must be fully
adopted rules or control measures that can be implemented quickly and
without additional EPA or state action if the area fails to meet RFP
requirements or fails to meet its attainment date and should contain
trigger mechanisms and an implementation schedule. In addition, these
measures should be ones that are not already included in the SIP
control strategy for attaining the standard.
    Based on all the improvements that were implemented for EnviroFocus
above-referenced in Table 3 (Summary of RACM Controls) which are
expected to reduce emissions of lead significantly, EPA has
preliminarily determined that the 2008 Lead NAAQS can be achieved on a
consistent basis. Since the RACM controls are expected to result in
attainment of the Pb NAAQS or maintenance of RFP, any possible
exceedances of the Pb NAAQS during any three month period after
December 31, 2015 (the attainment date), is likely to be a result of a
malfunction of one of the control measures. The contingency measures
\6\ as discussed below will immediately take effect to offset an
increase in air quality concentrations that are expected to result from
emission increases due to the likelihood of control malfunction. For
example, in the event of any exceedances, upon notification by FL DEP,
EnviroFocus would be required to conduct a twelve minute EPA Method 9
visible emissions reading on each Pb source outlet by a certified
reader every day, as well as perform dye check on every filtration
system that controls a lead source. These control measures will help to
determine and detect the source of fugitive emissions not otherwise
captured by RACM so that the exceedances can be addressed immediately.
Other contingency measures such as increasing the sprinkler frequency
to 5 minutes every 30 minutes during daylight hours and 5 minutes every
60 minutes during nighttime hours twenty-four hours a day everyday will
serve to reduce fugitive dust emissions. If necessary, even more
protective control measures will be required including EnviroFocus
discontinuing operation of any emission unit connected to a filtration
device that fails the dye leak check until such time as repairs are
made and the unit passes a second leak check. Further, if any three
consecutive month period averages greater than 0.15 [mu]g/m3 at any one
of the SIP-approved Pb monitors in the vicinity of EnviroFocus, FL DEP
may require the immediate restriction of the daily production of lead
from the blast and reverb furnaces. Since EnviroFocus is the only known
major source of lead in the Hillsborough Area, reducing production at
that facility will directly correlate to the reduction of Pb emissions.
Each of the contingency measures will continue for a minimum of 90 days
and remain in place until such time as FL DEP has determined that they
are no longer needed.
---------------------------------------------------------------------------

    \6\ In a letter dated December 23, 2014, FL DEP supplemented the
``Contingency Measures'' provisions of its Pb nonattainment Area
Plan to reflect additional procedures and controls at the
EnviroFocus facility that would be implemented immediately upon the
trigger of various events related to future monitored exceedances or
violations of the Pb NAAQS. The letter with the complete list of
contingency measures is available at www.regulations.gov using
Docket ID No. EPA-R04-OAR-2014-0220.
---------------------------------------------------------------------------

    In addition to the identified contingency measures, pursuant to
EnviroFocus' title V permit, if an exceedance of the NAAQS occurs
during any three month period after December 31, 2015 (the deadline for
full implementation of the control strategy), within 120 days, the
facility will submit an investigative study identifying the source(s)
of excessive emissions contributing to the exceedance. EnviroFocus will
also develop and prepare a strategy to eliminate the likelihood of
another exceedance. The 120 day review period will consists of a 30 day
evaluation period immediately following a violation and then up to a 90
day consultation period with the facility to determine the best course
of action. If a permit modification is deemed necessary, FL DEP would
issue a new permit with the statutory timeframes required in Chapters
62-4 and 62-213 of the Florida Administrative Code (FAC). Since the
EnviroFocus facility has implemented appropriate RACM control measures,
and several protective layers of contingency measures will be triggered
and executed immediately in the event of an exceedance of the NAAQS,
EPA proposes that the contingency measures strategy submitted by the
State of Florida meet the section 172(c)(9) requirements for the 2008
Lead NAAQS.

7. Attainment Date

    Florida provided a modeling demonstration to attain the level of
the

2008 Lead NAAQS for the Hillsborough Area by no later than five years
after the Area was designated nonattainment. The modeling indicates
that the Hillsborough Area will have attaining data for the 2008 Lead
NAAQS by December 31, 2015. While there were violations of the 2008
lead NAAQS in 2013, they occurred during the limited time frame in
which the facility was undergoing construction to modernize the
facility which included building an enclosure that is expected to
reduce emissions of lead significantly. Notwithstanding the violations,
EPA believes that these violations, which occurred as part of enclosure
and modernization of the facility in order to achieve a significant
permanent reduction in lead emissions, do not render Florida's
attainment demonstration unapprovable. There have been no violations of
the 2008 Lead NAAQS since the last quarter of 2013 which directly
corresponds with the installation of the final set of controls for the
modernization. EPA does not believe that the facility could have
achieved the 2008 Lead NAAQS more expeditiously than the current
schedule. Therefore, EPA is proposing to approve the State's submission
related to achievement of the 2008 Lead NAAQS as expeditiously as
practicable.

V. Proposed Action

    EPA is proposing to approve Florida's lead attainment plan for the
Hillsborough Area. EPA has preliminarily determined that the SIP meets
the applicable requirements of the CAA. Specifically, EPA is proposing
to approve Florida's June 29, 2012 submittal, as amended on June 27,
2013, which includes the attainment demonstration, base year emissions
inventory, RACM/RACT analysis, contingency measures and RFP plan. The
requirement for a RFP plan is satisfied because the State of Florida
demonstrated that the Area will attain the 2008 Lead NAAQS as
expeditiously as practicable, and could not implement any additional
measures to attain the NAAQS any sooner.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submittal that complies with the provisions of the Act 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
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
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, October 7, 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, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
Recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 26, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-02335 Filed 2-4-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Rules and Regulations]
[Page 19209-19212]
[DOCID:fr14ap10-8]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0056; Directorate Identifier 2009-CE-051-AD;
Amendment 39-16259; AD 2010-08-04]
RIN 2120-AA64

Airworthiness Directives; British Aerospace Regional Aircraft
Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series
3101, and Jetstream Model 3201 Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Cracks have been found in the NLG steering jack piston rod
adjacent to the eye-end. This was caused by excessive torque which
had been applied to the eye-end during assembly of the unit. Severe
cracking, if not detected and corrected, can cause the jack to fail
during operation, which may lead to loss of directional control of
the aeroplane during critical phases of take-off and landing.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective May 19, 2010.
    On May 19, 2010, the Director of the Federal Register approved the
incorporation by reference of British Aerospace Jetstream Series 3100 &
3200 Service Bulletin No. 32-JA030644, Revision No. 1, dated August 19,
2008; British Aerospace Jetstream Series 3100 & 3200 Service Bulletin
No. 32-JM5414, dated August 6, 2004; and APPH Ltd. Bulletin 32-77,
dated October 2003, listed in this AD.
    As of June 26, 2007 (72 FR 28587, May 22, 2007), the Director of
the Federal Register approved the incorporation by reference of BAE
Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin
32-JA030644, dated October 6, 2003; and APPH Ltd. Service Bulletin 32-
76, Revision 1, dated August 2003, listed in this AD.
    As of May 22, 2003 (68 FR 16195, April 3, 2003), the Director of
the Federal Register approved the incorporation by reference of British
Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32-
JA020741, dated November 2, 2002.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the Docket Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, ACE-112, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 21, 2010 (75
FR 3418), and proposed to supersede AD 2007-10-14, Amendment 39-15055
(72 FR 28587, May 22, 2007). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states that:

    Cracks have been found in the NLG steering jack piston rod
adjacent to the eye-end. This was caused by excessive torque which
had been applied to the eye-end during assembly of the unit. Severe
cracking, if not detected and corrected, can cause the jack to fail
during operation, which may lead to loss of directional control of
the aeroplane during critical phases of take-off and landing.
    To address this unsafe condition, the UK CAA issued AD 003-11-
2002 (which references BAE Systems Service Bulletin (SB) 32-
JA020741), requiring an inspection for cracks and a measurement of
the release torque of the piston rod end fitting to determine a new
safe life (remaining fatigue life) for individual units. The revised
safe life was calculated in accordance with the formula provided in
associated APPH Ltd (the NLG Jack manufacturer) SB 32-76.
    Following the completion of testing, APPH determined that the
remaining fatigue life needed further reduction and published
inspection criteria and a revised formula for calculating the piston
safe life. This calculation and a revised end fitting tightening
torque are contained in APPH SB 32-76 Revision 1. As a result,
pistons which were previously calculated to have significant
remaining life could possibly be unserviceable.
    In response to this development, BAE Systems issued SB 32-
JA030644 so that a revised calculation could be performed to
establish the safe life of NLG steering jack pistons. Where not
previously accomplished, the SB also recognised the need to inspect
the piston for cracking and to measure the torque loading of the
piston to eye-end joint so that safe life calculation could be
performed. This SB superseded the earlier SB 32-JA020741 that
produced an overly optimistic assessment of the component's safe
life. The CAA UK issued AD G-2004-0029, superseding AD 003-11-2002,
to require the accomplishment of these corrective actions.
    Subsequent to the original issue of BAE Systems SB 32-JA030644,
APPH introduced a modified unit (optionally installed on aeroplanes
by application of BAE Systems SB 32-JM5414) that incorporates a
strengthened piston with a defined safe life. This safe life is not
calculated in accordance with the instructions of BAE Systems SB 32-
JA030644, but is already declared in BAE Systems SB 32-JA981042,
currently at revision 7. In response to requests for clarification,
BAE Systems has revised SB 32-JA030644 to exclude those aeroplanes
from the `Effectivity' that have the modified steering jack assembly
installed in accordance with BAE modification JM5414.
    For the reasons described above, this new AD retains the
requirements of UK CAA AD G-2004-0029, which is superseded, and
confirms that for aeroplanes incorporating BAE modification JM5414,
no further action is required.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 190 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $32,300, or $170 per product.

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 determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.

    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15055 (72 FR
28587; May 22, 2007), and adding the following new AD:

2010-08-04 British Aerospace Regional Aircraft:Amendment 39-16259;
Docket No. FAA-2010-0056; Directorate Identifier 2009-CE-051-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 19,
2010.

Affected ADs

    (b) This AD supersedes AD 2007-10-14, Amendment 39-15055.

Applicability

    (c) This AD applies to Model HP.137 Jetstream Mk.1, Jetstream
Series 200, Jetstream Series 3101, and Jetstream Model 3201
airplanes, all serial numbers, that are:
    (1) Equipped with steering jack part number (P/N) 6182-2, P/N
6182-3, or P/N 6182-4; and
    (2) Certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Cracks have been found in the NLG steering jack piston rod
adjacent to the eye-end. This was caused by excessive torque which
had been applied to the eye-end during assembly of the unit. Severe
cracking, if not detected and corrected, can cause the jack to fail
during operation, which may lead to loss of directional control of
the aeroplane during critical phases of take-off and landing.
    To address this unsafe condition, the UK CAA issued AD 003-11-
2002 (which references BAE Systems Service Bulletin (SB) 32-
JA020741), requiring an inspection for cracks and a measurement of
the release torque of the piston rod end fitting to determine a new
safe life (remaining fatigue life) for individual units. The revised
safe life was calculated in accordance with the formula provided in
associated APPH Ltd (the NLG Jack manufacturer) SB 32-76.
    Following the completion of testing, APPH determined that the
remaining fatigue life needed further reduction and published
inspection criteria and a revised formula for calculating the piston
safe life. This calculation and a revised end fitting tightening
torque are contained in APPH SB 32-76 Revision 1. As a result,
pistons which were previously calculated to have significant
remaining life could possibly be unserviceable.
    In response to this development, BAE Systems issued SB 32-
JA030644 so that a revised calculation could be performed to
establish the safe life of NLG steering jack pistons. Where not
previously accomplished, the SB also recognised the need to inspect
the piston for cracking and to measure the torque loading of the
piston to eye-end joint so that safe life calculation could be
performed. This SB superseded the earlier SB 32-JA020741 that
produced an overly optimistic assessment of the component's safe
life. The CAA UK issued AD G-2004-0029, superseding AD 003-11-2002,
to require the accomplishment of these corrective actions.
    Subsequent to the original issue of BAE Systems SB 32-JA030644,
APPH introduced a modified unit (optionally installed on aeroplanes
by application of BAE Systems SB 32-JM5414) that incorporates a
strengthened piston with a defined safe life. This safe life is not
calculated in accordance with the instructions of BAE Systems SB 32-
JA030644, but is already declared in BAE Systems SB 32-JA981042,
currently at revision 7. In response to requests for clarification,
BAE Systems has revised SB 32-JA030644 to exclude those aeroplanes
from the `Effectivity' that have the modified steering jack assembly
installed in accordance with BAE modification JM5414.
    For the reasons described above, this new AD retains the
requirements of UK CAA AD G-2004-0029, which is superseded, and
confirms that for aeroplanes incorporating BAE modification JM5414,
no further action is required.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For airplanes where the actions in British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin No. 32-JA020741, dated
November 2, 2002 (APPH Ltd. Service Bulletin 32-76, Revision 1,
dated August 2003), have not already been done:
    (i) Within 2 months after June 26, 2007 (the effective date
retained from AD 2007-10-14), inspect the steering jack piston rod,
check the torque of the end fitting, and determine the safe life of
the steering jack piston rod following BAE Systems British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin 32-JA030644, dated
October 6, 2003. You may do the actions required in this paragraph
following paragraph 2, Part 1 of British Aerospace Jetstream Series
3100 & 3200 Service Bulletin No. 32-JA030644, Revision No. 1, dated
August 19, 2008, to comply with this AD.
    (ii) If the piston rod is found cracked or unserviceable during
the inspection required in paragraph (f)(1)(i) of this AD, before
further flight, remove the steering jack and replace it with a
serviceable unit.
    (2) For airplanes where the actions in BAE British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin No. 32-JA020741, dated
November 2, 2002 (APPH Ltd. Service Bulletin 32-76, Revision 1,
dated August 2003), have already been done:
    (i) Within 3 months after June 26, 2007 (the effective date
retained from AD 2007-10-14), recalculate the safe life of the
steering jack piston rod and re-torque the piston rod eye-end
following BAE Systems British Aerospace Jetstream Series 3100 & 3200
Service Bulletin 32-JA030644, dated October 6, 2003. You may do the
actions required in this paragraph following paragraph 2, Part 2 of
British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No.
32-JA030644, Revision No. 1, dated August 19, 2008, to comply with
this AD.
    (ii) If the piston rod is found unserviceable during the
inspection required in paragraph (f)(2)(i) of this AD, before
further flight, remove the steering jack and replace it with a
serviceable unit.
    (3) For airplanes equipped with steering jack part number (P/N)
6182-2, P/N 6182-3, or P/N 6182-4 incorporating Strike-off 4,
installed by BAE Systems modification JM5414 (refer to British
Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32-
JM5414, dated August 6, 2004; and APPH Ltd. Bulletin 32-77, dated
October 2003): the actions specified in paragraph (f)(1), (f)(1)(i),
(f)(1)(ii), (f)(2), (f)(2)(i), or (f)(2)(ii) of this AD are not
required.
    (4) For all airplanes: After June 26, 2007 (the effective date
retained from AD 2007-10-14), do not install a steering jack piston
rod with P/N 6182-2, P/N 6182-3, or P/N 6182-4, unless it has been
inspected and the safe life recalculated following BAE Systems

British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32-
JA030644, dated October 6, 2003. You may inspect and recalculate the
safe life of the steering jack piston rod following paragraph 2 of
British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No.
32-JA030644, Revision No. 1, dated August 19, 2008, to comply with
this AD.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2009-0135, dated June 23, 2009; British Aerospace Jetstream Series
3100 & 3200 Service Bulletin No. 32-JA020741, dated November 2,
2002; BAE Systems British Aerospace Jetstream Series 3100 & 3200
Service Bulletin 32-JA030644, dated October 6, 2003; British
Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32-
JA030644, Revision No. 1, dated August 19, 2008; British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin No. 32-JM5414, dated
August 6, 2004; APPH Ltd. Service Bulletin 32-76, Revision 1, dated
August 2003; and APPH Ltd. Service Bulletin 32-77, dated October
2003, for related information.

Material Incorporated by Reference

    (i) You must use British Aerospace Jetstream Series 3100 & 3200
Service Bulletin No. 32-JA020741, dated November 2, 2002; BAE
Systems British Aerospace Jetstream Series 3100 & 3200 Service
Bulletin 32-JA030644, dated October 6, 2003; British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin No. 32-JA030644,
Revision No. 1, dated August 19, 2008; British Aerospace Jetstream
Series 3100 & 3200 Service Bulletin No. 32-JM5414, dated August 6,
2004; APPH Ltd. Service Bulletin 32-76, Revision 1, dated August
2003; and APPH Ltd. Service Bulletin 32-77, dated October 2003, to
do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of British Aerospace Jetstream Series
3100 & 3200 Service Bulletin No. 32-JA030644, Revision No. 1, dated
August 19, 2008; British Aerospace Jetstream Series 3100 & 3200
Service Bulletin No. 32-JM5414, dated August 6, 2004; and APPH Ltd.
Bulletin 32-77, dated October 2003, under 5 U.S.C. 552(a) and 1 CFR
part 51.
    (2) On June 26, 2007 (72 FR 28587, May 22, 2007), the Director
of the Federal Register previously approved the incorporation by
reference of BAE Systems British Aerospace Jetstream Series 3100 &
3200 Service Bulletin 32-JA030644, dated October 6, 2003; and APPH
Ltd. Service Bulletin 32-76, Revision 1, dated August 2003.
    (3) On May 22, 2003 (68 FR 16195, April 3, 2003), the Director
of the Federal Register previously approved the incorporation by
reference of British Aerospace Jetstream Series 3100 & 3200 Service
Bulletin No. 32-JA020741, dated November 2, 2002.
    (4) For service information identified in this AD, contact BAE
Systems (Operations) Ltd, Customer Information Department, Prestwick
International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom;
Telephone +44 1292 675207, Facsimile +44 1292 675704; E-mail:
<EMAIL_ADDRESS>    (5) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (6) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on March 31, 2010.
Steven R. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-7918 Filed 4-13-10; 8:45 am]
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[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Notices]
[Page 57307-57308]
[DOCID:fr30se05-112]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the following information collection to the Office of Management and
Budget (OMB) for review and clearance in accordance with the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter
35). The submission describes the nature of the information collection,
the categories of respondents, the estimated burden (i.e., the time,
effort and resources used by respondents to respond) and cost, and
includes the actual data collection instruments FEMA will use.
    Title: Write-Your-Own (WYO) Program.
    OMB Number: 1660-0020.
    Abstract: Under the Write Your Own (WYO) Program, private sector
insurance companies may offer flood insurance to eligible property
owners. The Federal Government is guarantor of flood insurance coverage
for WYO companies, issued under the WYO arrangements. In order to
maintain adequate financial control over Federal funds, the NFIP
requires that WYO companies submit a monthly financial report. The NFIP
examines the data to ensure that policyholders funds are accounted for
and appropriately expended.
    Affected Public: Business or Other For-Profit.
    Number of Respondents: 97.
    Estimated Time per Respondent: .59 hours (35 minutes).
    Estimated Total Annual Burden Hours: 687.
    Frequency of Response: 12.
    Comments: Interested persons are invited to submit written comments
on

the proposed information collection to the Office of Information and
Regulatory Affairs at OMB, Attention: Desk Officer for the Department
of Homeland Security/FEMA, Docket Library, Room 10102, 725 17th Street,
NW., Washington, DC 20503, or facsimile number<PHONE_NUMBER>. Comments
must be submitted on or before October 31, 2005.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Section Chief,
Records Management, FEMA at 500 C Street, SW., Room 316, Washington, DC
20472, facsimile number<PHONE_NUMBER>, or e-mail address
<EMAIL_ADDRESS>

    Dated: September 23, 2005.
Darcey Bingham,
Branch Chief, Information Resources Management Branch, Information
Technology Services Division.
[FR Doc. 05-19640 Filed 9-29-05; 8:45 am]

BILLING CODE 9110-13-P