[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Proposed Rules]
[Pages 9407-9410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03758]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2014-0492; FRL-9940-75-OAR]
RIN 2060-AR97


Clarification of Requirements for Method 303 Certification 
Training

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
revisions to better define the requirements associated with conducting 
Method 303 training courses. In the ``Rules and Regulations'' section 
of this issue of the Federal Register, we are approving the revisions 
to Method 303 as a direct final rule without a prior proposed rule. If 
we receive no adverse comment, we will not take further action on this 
proposed rule. 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: Written comments must be received by March 28, 2016.

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 Once submitted, comments cannot be edited or withdrawn.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

[[Page 9408]]

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:

I. Why is the EPA issuing this proposed rule?

    This document proposes to take action on 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. We have published a direct final rule 
approving the revisions to Method 303 in the ``Rules and Regulations'' 
section of this issue of the Federal Register because we view this as a 
non-controversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble of the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule, and it will not take effect. We would address 
all public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. 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.
    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. This method is also applicable for 
qualifying observers for visually determining the presence of VE. 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.

III. Environmental Justice

    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rulemaking does not relax the control measures on 
sources regulated by the proposed rule and, therefore, will not cause 
emissions increases from these sources.

IV. 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. This action better defines the requirements associated with 
conducting Method 303 training courses and does not impose additional 
regulatory requirements on sources.

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 and does not impose additional regulatory requirements 
on sources.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more for 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. This action adds additional language that clarifies the 
criteria used by the EPA to determine the competency of training 
providers, but does not change the requirements for conducting the test 
method.

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. This 
action clarifies the criteria used by the EPA to determine the 
competency of training providers, but does not change the requirements 
for conducting the test method.

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 clarifies the criteria used by the 
EPA to determine the competency of 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 (NTTAA)

    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. The results of this evaluation are contained 
in the SUPPLEMENTARY INFORMATION section of

[[Page 9409]]

the preamble titled ``III. Environmental Justice.''

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Test methods.

    Dated: February 12, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the EPA proposes to amend 
title 40, chapter I of the Code of Federal Regulations as follows:

PART 63--[AMENDED]

0
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:
0
a. In section 5.0 by revising paragraph 5.2; and
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b. In section 10.0 by:
0
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

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Method 303--Determination Of Visible Emissions From By-Product Coke 
Oven Batteries

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5.0 Safety

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    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.
    (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,

[[Page 9410]]

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.
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[FR Doc. 2016-03758 Filed 2-24-16; 8:45 am]
 BILLING CODE 6560-50-P