[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9350-9353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03757]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2014-0492; FRL-9940-76-OAR]
RIN 2060-AR97
Clarification of Requirements for Method 303 Certification
Training
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to better define the requirements associated with
conducting Method 303 training courses. Method 303 is an air pollution
test method used to determine the presence of visible emissions (VE)
from coke ovens. This action adds language that further clarifies the
criteria used by the EPA to determine the competency of Method 303
training providers, but does not change the requirements for conducting
the test method. These changes will help entities interested in
conducting the required training courses by clearly defining the
requirements necessary to do so.
DATES: This rule is effective on April 25, 2016 without further notice,
unless the EPA receives adverse comment by March 28, 2016. If the EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0492, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the Web,
Cloud, or other file sharing system).
For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ms. Kim Garnett, U.S. EPA, Office of
Air Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (Mail Code: E143-02), Research Triangle
Park, NC 27711; telephone number: (919) 541-1158; fax number: (919)
541-0516; email address: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Why is the EPA using a direct final rule?
B. Does this action apply to me?
C. What should I consider as I prepare my comments for the EPA?
D. Where can I obtain a copy of this action?
E. Judicial Review
II. This Action
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Why is the EPA using a direct final rule?
The EPA is publishing this rule without a prior proposed rule
because
[[Page 9351]]
we view this as a non-controversial action and anticipate no adverse
comment. This action better defines the requirements associated with
conducting Method 303 training courses. Method 303 is an air pollution
test method used to determine the presence of VE from coke ovens.
However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposed rule to announce the EPA's intent to revise the Method 303
training requirements, if adverse comments are received on this direct
final rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information about commenting on this rule, see the
ADDRESSES section of this document.
B. Does this action apply to me?
This action applies to you if you are a potential provider of
Method 303 training services, someone seeking training to conduct
Method 303, or a facility subject to Method 303.
C. What should I consider as I prepare my comments for the EPA?
(1) Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
(2) Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a CFR part or
section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
D. Where can I obtain a copy of this action?
In addition to being available in the docket, an electronic copy of
this rule will also be available on the Worldwide Web (www) through the
Technology Transfer Network (TTN) Web site. Following publication, the
EPA will post the Federal Register version of the promulgation and key
technical documents at http://www.epa.gov/ttn/emc/promgate.html.
E. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this direct final rule is available by filing a petition for review
in the United States Court of Appeals for the District of Columbia
Circuit by April 25, 2016. Under section 307(d)(7)(B) of the CAA, only
an objection to this direct final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements that are the subject of this direct final rule may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
II. This Action
On October 27, 1993, we published Method 303 for determining VE
from coke ovens (58 FR 57898). Method 303 is applicable for the
determination of VE from the following by-product coke oven battery
sources: Charging systems during charging; doors, topside port lids and
offtake systems on operating coke ovens; and collecting mains. Method
303 is also applicable to qualifying observers for visually determining
the presence of VE from by-product coke ovens. The EPA received
inquiries from state/local agencies seeking the specifics of the
procedures used to qualify observers. As a result of these inquiries,
the EPA is revising Method 303 to provide more detail to better explain
the requirements necessary to qualify observers and, therefore, assist
those entities who seek to understand what is needed in order to
conduct and maintain an Administrator-approved training program.
Additionally, we are removing the statement indicating that these
courses be conducted by or under the sanction of the EPA. Instead,
Administrator-approved training providers will be allowed to conduct
Method 303 training and certification. We are, therefore, revising
Method 303 to define the administrative and recordkeeping requirements
that must be followed by Method 303 training providers. This action:
(1) Defines Administrator approval of Method 303 training providers,
clarifies the minimum training course requirements, and details the
recordkeeping requirements that the training provider must follow in
order to attain Administrator approval (section 10.1); (2) adds
language to clarify that VE readers must demonstrate a perfect score on
the recertification exam (section 10.1.2); (3) updates and expands the
criteria used to determine who is qualified to participate on the
proficiency test panel (section 10.1.3); (4) adds criteria for training
certificates, submittal of this information, and recordkeeping
(sections 10.1.4-10.1.6); and (5) defines conditions for suspension of
the training provider's approval by the Administrator (section 10.1.7).
There are no changes to the requirements for conducting the test
method.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. These changes do not add information collection requirements
beyond those currently required under the applicable regulations.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
better defines the requirements associated with conducting Method 303
training courses
[[Page 9352]]
and does not impose additional regulatory requirements on sources.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local or tribal governments, or the
private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. This action adds additional language that
clarifies the criteria used by the EPA to determine the competency of
Method 303 training providers, but does not change the requirements for
conducting the test method. Thus, Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This action does not relax the control
measures on sources regulated by the rule and, therefore, will not
cause emissions increases from these sources.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This rule will be effective April 25, 2016.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Test method.
Dated: February 12, 2016.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
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1. The authority citation for Part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. In Appendix A, amend Method 303:
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a. In section 5.0 by revising paragraph 5.2; and
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b. In section 10.0 by:
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i. Revising paragraphs 10.1, 10.1.1, 10.1.2, and 10.1.3;
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ii. Adding paragraphs 10.1.4, 10.1.5, 10.1.6, and 10.1.7; and
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iii. Revising paragraph 10.2.
The revisions and additions read as follows.
Appendix A to Part 63--Test Methods
* * * * *
Method 303--Determination of Visible Emissions From By-Product Coke
Oven Batteries
* * * * *
5.0 Safety
* * * * *
5.2 Safety Training. Because coke oven batteries have hazardous
environments, the training materials and the field training (Section
10.0) shall cover the precautions required to address health and
safety hazards.
* * * * *
10.0 Calibration and Standardization
* * * * *
10.1 Certification Procedures. This method requires only the
determination of whether VE occur and does not require the
determination of opacity levels; therefore, observer certification
according to Method 9 in appendix A to Part 60 of this chapter is
not required to obtain certification under this method. However, in
order to receive Method 303 observer certification, the first-time
observer (trainee) shall have attended the lecture portion of the
Method 9 certification course. In addition, the trainee shall
successfully complete the Method 303 training course, satisfy the
field observation requirement, and demonstrate adequate performance
and sufficient knowledge of Method 303. The Method 303 training
provider and course shall be approved by the Administrator and shall
consist of classroom instruction, field training, and a proficiency
test. In order to apply for approval as a Method 303 training
provider, an applicant must submit their credentials and the details
of their Method 303 training course to Group Leader, Measurement
Technology Group (E143-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711. Those details should include, at a minimum:
(a) A detailed list of the provider's credentials.
(b) An outline of the classroom and the field portions of the
class.
(c) Copies of the written training and lecture materials, to
include:
(1) The classroom audio-visual presentation(s).
(2) A classroom course manual with instructional text and
practice questions and problems for each of the elements of the
Method 303 inspection (i.e., charging, doors, lids and offtakes, and
collecting mains). A copy of Method 303 and any related guidance
documents should be included as appendices.
(3) A copy of the Method 303 demonstration video, if not using
the one available on the EPA Web site: http://www3.epa.gov/ttn/emc/methods/method303trainingvideo.mp4.
(4) Multiple-choice certification tests, with questions
sufficient to demonstrate knowledge of the method, as follows: One
(1) initial certification test and three (3) third-year
recertification tests (the questions on any one recertification test
must be at least 25 percent different from those on the other
recertification tests).
(5) A field certification checklist and inspection forms for
each of the elements of the Method 303 inspection (i.e., charging,
doors, lids and offtakes, and collecting mains).
(6) The criteria used to determine proficiency.
[[Page 9353]]
(7) The panel members to be utilized (see Section 10.1.3) along
with their qualifications.
(8) An example certificate of successful course completion.
10.1.1 A trainee must verify completion of at least 12 hours of
field observation prior to attending the Method 303 certification
course. Trainees shall observe the operation of a coke oven battery
as it pertains to Method 303, including topside operations, and
shall also practice conducting Method 303 or similar methods. During
the field observations, trainees unfamiliar with coke battery
operations shall receive instruction from an experienced coke oven
observer who is familiar with Method 303 or similar methods and with
the operation of coke batteries.
10.1.2 The classroom instruction shall familiarize the trainees
with Method 303 through lecture, written training materials, and a
Method 303 demonstration video. Successful completion of the
classroom portion of the Method 303 training course shall be
demonstrated by a perfect score on the initial certification test.
Those attending the course for third-year recertification must
complete one of the recertification tests selected at random.
10.1.3 All trainees must demonstrate proficiency in the
application of Method 303 to a panel of three certified Method 303
observers, including an ability to differentiate coke oven emissions
from condensing water vapor and smoldering coal. The panel members
will be EPA, state or local agency personnel, or industry
contractors listed in 59 FR 11960 (March 15, 1994) or qualified as
part of the training provider approval process of Section 10.1 of
this method.
Each panel member shall have at least 120 days experience in
reading visible emissions from coke ovens. The visible emissions
inspections that will satisfy the experience requirement must be
inspections of coke oven battery fugitive emissions from the
emission points subject to emission standards under subpart L of
this part (i.e., coke oven doors, topside port lids, offtake
system(s), and charging operations), using either Method 303 or
predecessor state or local test methods. A ``day's experience'' for
a particular inspection is a day on which one complete inspection
was performed for that emission point under Method 303 or a
predecessor state or local method. A ``day's experience'' does not
mean 8 or 10 hours performing inspections, or any particular time
expressed in minutes or hours that may have been spent performing
them. Thus, it would be possible for an individual to qualify as a
Method 303 panel member for some emission points, but not others
(e.g., an individual might satisfy the experience requirement for
coke oven doors, but not topside port lids). Until November 15,
1994, the EPA may waive the certification requirement (but not the
experience requirement) for panel members. The composition of the
panel shall be approved by the EPA.
The panel shall observe the trainee in a series of training runs
and a series of certification runs. There shall be a minimum of 1
training run for doors, topside port lids, and offtake systems, and
a minimum of 5 training runs (i.e., 5 charges) for charging. During
training runs, the panel can advise the trainee on proper
procedures. There shall be a minimum of 3 certification runs for
doors, topside port lids, and offtake systems, and a minimum of 15
certification runs for charging (i.e., 15 charges). The
certification runs shall be unassisted. Following the certification
test runs, the panel shall approve or disapprove certification based
on the trainee's performance during the certification runs. To
obtain certification, the trainee shall demonstrate to the
satisfaction of the panel a high degree of proficiency in performing
Method 303. To aid in evaluating the trainee's performance, a
checklist, approved by the EPA, will be used by the panel members.
10.1.4 Those successfully completing the initial certification
or third-year recertification requirements shall receive a
certificate showing certification as a Method 303 observer and the
beginning and ending dates of the certification period.
10.1.5 The training provider will submit to the EPA or its
designee the following information for each trainee successfully
completing initial certification or third-year recertification
training: Name, employer, address, telephone, cell and/or fax
numbers, email address, beginning and ending dates of certification,
and whether training was for 3-year certification or 1-year
recertification. This information must be submitted within 30 days
of the course completion.
10.1.6 The training provider will maintain the following
records, to be made available to EPA or its designee on request
(within 30 days of a request):
(a) A file for each Method 303 observer containing the signed
certification checklists, certification forms and test results for
their initial certification, and any subsequent third-year
recertifications. Initial certification records must also include
documentation showing successful completion of the training
prerequisites. Testing results from any interim recertifications
must also be included, along with any relevant communications.
(b) A searchable master electronic database of all persons for
whom initial certification, third-year recertification or interim
recertification has been provided. Information contained therein
must include: The observer's name, employer, address, telephone,
cell and fax numbers and email address, along with the beginning and
ending dates for each successfully completed initial, third-year and
interim recertification.
10.1.7 Failure by the training provider to submit example
training course materials and/or requested training records to the
Administrator may result in suspension of the approval of the
provider and course.
10.2 Observer Certification/Recertification. The coke oven
observer certification is valid for 1 year. The observer shall
recertify annually by reviewing the training material, viewing the
training video and answering all of the questions on the
recertification test correctly. Every 3 years, an observer shall be
required to pass the proficiency test in Section 10.1.3 in order to
be certified. The years between proficiency tests are referred to as
interim years.
* * * * *
[FR Doc. 2016-03757 Filed 2-24-16; 8:45 am]
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