[Federal Register Volume 59, Number 50 (Tuesday, March 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5994]


[[Page Unknown]]

[Federal Register: March 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-4850-1]

 

Preparation, Adoption, and Submittal of State Implementation 
Plans: List of Qualified Coke Oven Panel Members

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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SUMMARY: On October, 27, 1993, the EPA promulgated the coke oven 
National Emission Standards for Hazardous Air Pollutants, which limits 
the number of visible leaks from coke oven doors, topside ports, and 
offtake systems, and the amount of time of visible emissions from the 
charging operation. Also promulgated at that time was Method 303 (40 
CFR, part 63, appendix A), which sets forth the procedures an observer 
shall follow to determine compliance with the coke oven standards. In 
order to implement the coke oven rule, coke oven inspectors must be 
certified by an EPA recognized panel in accordance with the procedures 
set forth in section 2 of Method 303. The Method 303 certification 
training for each trainee concludes with a determination by a three 
member panel as to the trainee's ability to conduct Method 303 
satisfactorily. The Agency is developing a certification course for 
coke oven inspectors and, as part of this effort, the Agency has 
selected a group of experienced individuals to act as panel members. 
With today's action, the Agency sets forth the list of experienced coke 
oven inspectors who will serve as panel members during the 
certification of coke oven observers and informs the public that these 
people have demonstrated to the Agency that they satisfy the minimum 
experience requirements of 120 days of experience in reading coke oven 
emissions. Additional panel members may be added in the future in 
accordance with implementation needs. Any additions of certified and 
qualified inspectors to the panel will be made without promulgation, 
which was only necessary to establish this initial panel.

DATES: Comments: Comments must be received on or before May 16, 1994.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by April 15, 1994, a public hearing will be held on 
April 14, 1994, beginning at 10 a.m. Persons interested in attending 
the hearing should contact Ms. Shelby Journigan at (919) 541-5543 to 
verify that a hearing will be held. If a hearing is held, a verbatim 
transcript will be placed in the docket.
    Request to Speak at Hearing. Persons wishing to present oral 
testimony must contact EPA by April 5, 1994, contact Ms. Shelby 
Journigan at (919) 541-5543.

ADDRESSES: Comments. Comments should be submitted (in duplicate if 
possible) to: Air Docket Section (LE-131), Attention, Docket No. 
________, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460.
    Public Hearing. If anyone contacts EPA requesting a public hearing, 
it will be held at EPA's Emission Measurement Laboratory Building, 
Research Triangle Park, North Carolina. Persons interested in attending 
the hearing or wishing to present oral testimony should notify Ms. 
Shelby Journigan, Emission Measurement Branch (MD-19), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5543.

FOR FURTHER INFORMATION CONTACT: For further information or 
documentation concerning the proposed rule, contact Mr. Roy Huntley, or 
Mr. Peter Westlin, Emission Measurement Branch (MD-19), Technical 
Support Division, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: In development of the coke oven emissions 
rule, EPA used formal regulatory negotiations, where parties negotiate 
and sign a formal agreement that becomes the basis for EPA's proposed 
rule.
    The Coke Ovens Regulatory Negotiation Committee, which was formed 
to negotiate the coke oven NESHAP, was comprised of several interested 
parties: environmental groups such as the National Resources Defense 
Council and Group Against Smog and Pollution, industry associations 
such as American Iron and Steel Institute and American Coke and Coal 
Chemicals Institute, representatives from the Steel Workers' Union, and 
State and local agencies, as well as the EPA. The final coke oven rule 
reflects the agreements reached by this Committee.
    During negotiations, the Committee agreed that the coke oven 
observers must be certified. As part of the certification process, each 
observer must demonstrate to the satisfaction of a three-member panel 
of experienced individuals, a high degree of proficiency in performing 
Method 303.
    After the agreement was signed by the committee on October 28, 
1992, EPA began selecting the panel members by searching for people 
with the required experience. The qualifications for the panel members 
are in section 2.1.3 of Method 303 of appendix A at 40 CFR, part 63, 
and reads as follows: ``Each panel member shall have at least 120 days 
experience in reading visible emissions from coke ovens.'' 
Representatives from industry and EPA reached a common understanding of 
the qualifications for panel members. A list developed by EPA of 23 
prospective panel members was submitted to industry representatives for 
review. On March 30, 1993, a training course for the prospective panel 
was held in Chicago, Illinois. Of the 23 participants, 21 successfully 
completed the training course and, subsequently, were able to provide 
the Agency with sufficient documentation. These 21 people are now 
considered by the Agency as qualified panel members and able to act as 
such in the Method 303 certification course.
    Concurrent with these events, EPA decided to propose and promulgate 
the list to give the public an opportunity to examine and comment on 
the panel members' qualifications.

I. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, of State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the ``Executive Order.''
    OMB has exempted this regulatory action from E.O. 12866 review.

B. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements for the Coke Oven Battery National 
Emission Standards under the provisions of the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0253. 
This proposed rule does not add any additional requirements to those 
already approved.
    The public reporting and recording keeping burden for the Coke Oven 
Battery National Emission Standards collection of information is 
estimated to average 2,461 hours per respondent per year. This includes 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to Chief, Information Policy Branch (2136); U.S. Environmental 
Protection Agency; 401 M St.; Washington, DC 20460; and to the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 205503, marked ``Attention: Desk Officer for EPA.''

C. Regulatory Flexibility Act Compliance

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 
whenever an agency is required to publish a general notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a Regulatory Flexibility Analysis (RFA) 
which requires EPA to consider potential impacts of proposed 
regulations on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). The Administrator 
may certify, however, that the rule will not have a significant 
economic impact on a substantial number of small entities.
    This list will have no adverse economic impact on small entities. 
Since this proposal does not significantly change the status quo for 
such entities, I hereby certify that this regulation will not have a 
significant economic impact on a substantial number of small entities. 
This regulation therefore does not require an RFA.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Coke oven 
emissions, Hazardous substances, Reporting and recordkeeping 
requirements.

    Dated: March 7, 1994.
Carol M. Browner,
Administrator.

                         Table 1.--Panel Members                        
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          Name                              Affiliation                 
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Basim Dihu (Doors Only)..  U.S. EPA, Central District Office, 77 West   
                            Jackson Blvd., Chicago, IL 60604-3590.      
William Klettner.........  U.S. EPA Wheeling Office, 303 Methodist      
                            Building/3ES12, 11th & Chapline Streets     
                            Wheeling, WV 26003.                         
Ron Mordosky.............  Pennsylvania Dept. of Environmental          
                            Resources, 4530 Bath Pike, Bethlehem, PA    
                            18017.                                      
Robert Simmons...........  Indiana Department of Environmental          
                            Management, Gainer Bank Building/Rm 418, 504
                            N. Broadway, Gary, IN 46402.                
Mark Hughes..............  Allegheny County Health Dept., Bureau of Air 
                            Pollution Control, 301-30 Ninth St.,        
                            Pittsburgh, PA 15201.                       
Bernie Clark.............  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Rich Casselberry.........  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Beryl Denne..............  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Frank Georgakis..........  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Robert Gori..............  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Linda McCracken..........  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Gordon Lawson............  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Terry Redenbaugh.........  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Cindy Rogers.............  Independant consultant.                      
Elmer Spiker.............  Chester Environmental, P.O. Box 15777,       
                            Pittsburgh, PA 15244.                       
Ed Peterson..............  Mostardi-Platt & Associates, 945 Oaklawn     
                            Avenue, Elmherst, IL 60126.                 
John Simpson.............  Mostardi-Platt & Associates, 945 Oaklawn     
                            Avenue, Elmherst, IL 60126.                 
Richard Somers...........  Mostardi-Platt & Associates, 945 Oaklawn     
                            Avenue, Elmherst, IL 60126.                 
Bob Trezak...............  Mostardi-Platt & Associates, 945 Oaklawn     
                            Avenue, Elmherst, IL 60126.                 
Scott Trezak.............  Mostardi-Platt & Associates, 945 Oaklawn     
                            Avenue, Elmherst, IL 60126.                 
Jim Fanning..............  Independant Consultant, P.O. Box 2752, Union 
                            City, PA 16438.                             
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[FR Doc. 94-5994 Filed 3-14-94; 8:45 am]
BILLING CODE 6560-50-P