[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30873]


[[Page Unknown]]

[Federal Register: December 22, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5122-7]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On March 15, 1994, the EPA proposed the list of experienced 
coke oven inspectors who will serve as panel members during the 
certification of coke oven observers\1\. The purpose of proposing and 
promulgating the list is to set forth the list of experienced coke oven 
inspectors who will serve as panel members during the certification of 
coke oven observers. This action also informed the public that these 
people have demonstrated to the Agency that they satisfy the minimum 
experience requirements, established in Method 303 of Appendix A of 
Part 63, and gave the public the opportunity to examine the panel 
members' qualifications and to comment. 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 necessary only to establish this 
initial panel.

    \1\The proposed list was published at 59 FR 11960 in the 
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proposed rules section of the Federal Register.

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EFFECTIVE DATE: December 22, 1994.

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, (919) 541-1060.

SUPPLEMENTARY INFORMATION: 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 developed a certification 
course for coke oven inspectors and, as part of this effort, the Agency 
selected a group of experienced individuals to act as panel members. 
With today's action, the Agency finalizes an initial list of 
experienced coke oven inspectors who will serve as panel members during 
the certification of coke oven observers. 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.

Summary of Significant Comments and Associated Changes

    One verbal comment was received from EPA Region V. The commenter 
stated that one of the panel members, Mr. Basim Dihu of EPA, had the 
experience to be a panel member for all of the emission points covered 
in the coke oven NESHAP, i.e., doors, lids, offtakes, and charging. The 
proposal indicated that Mr. Dihu was qualified to be a panel member 
only for door observations.
    The commenter is correct. Mr. Dihu's qualifications meet the 
Agency's criteria. The restrictions in the proposed list have been 
removed in the final list, and Mr. Dihu is now considered by the Agency 
to be a qualified panel member and able to act as such in the Method 
303 certification course.

I. Administrative Requirements

A. Executive Order 12291
    Under Executive Order 12291, EPA must judge whether a regulation is 
``major'' and therefore subject to the requirement of a Regulatory 
Impact Analysis (RIA).
    This action does not require any revision to existing State 
implementation plans (SIP's) or changes to any SIP regulation. This 
action is not a major rule because it will neither have an effect on 
the economy of $100 million or more, nor will it result in an increase 
in costs or prices to industry. There will be no adverse impact on the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises in domestic or export markets. Because this action is not a 
major regulation, no RIA is being conducted.
B. 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, or 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 budget 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 had exempted this regulatory action from E.O. 12866 review.
C. 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 action does not add any additional requirements to those 
already approved.
D. Regulatory Flexibility Act Compliance
    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Administrator certifies that this rule will not have 
a significant economic impact on a substantial number of small 
entities, because the publication of this list does not significantly 
change the status quo for such 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: December 8, 1994.
Carol M. Browner,
Administrator.

                         Table 1.--Panel Members                        
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               Name                             Affiliation             
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Basim Dihu.......................  US EPA, Central District Office, 77  
                                    West Jackson Blvd, Chicago, IL 60604-
                                    3590.                               
William Klettner.................  US 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.....................  Independent 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......................  Independent consultant, P O Box 2752,
                                    Union City, PA 16438.               
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[FR Doc. 94-30873 Filed 12-21-94; 8:45 am]
BILLING CODE 6560-50-P