81 FR 83701 - Clarification of Requirements for Method 303 Certification Training
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 225 (November 22, 2016)
Federal Register Volume 81, Issue 225 (November 22, 2016)
| Page Range | 83701-83704 | |
| FR Document | 2016-28097 |
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)] [Rules and Regulations] [Pages 83701-83704] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28097] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2014-0492; FRL-9955-50-OAR] RIN 2060-AR97 Clarification of Requirements for Method 303 Certification Training AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing revisions 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 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 revisions will help entities interested in conducting the required training courses by clearly defining the requirements necessary to do so. DATES: The final rule is effective on December 22, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2014-0492. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (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 electronically through http://www.regulations.gov. 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. General Information A. Does this action apply to me? B. What action is the agency taking? C. Judicial Review II. Background III. Changes Included in the Final Method 303 Clarification IV. Summary of Major Comments and Responses A. Technology Improvement B. Training Requirements V. 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 (NTTAA) 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. 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. B. What action is the agency taking? This final 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. C. Judicial Review Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of this final rule is available by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by January 23, 2017. Under section 307(d)(7)(B) of the CAA, only an objection to this 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 final rule may not be challenged later in civil or criminal proceedings brought by the EPA to enforce these requirements. II. Background On October 27, 1993, we published Method 303 for determining VE from [[Page 83702]] 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. The EPA proposed these clarifications on February 25, 2016 (81 FR 9407). We received public comments from two individuals. III. Changes Included in the Final Method 303 Clarification Method 303 section 10.1 (40 CFR part 63, appendix B) presently states that ``The Method 303 course shall be conducted by or under the sanction of the EPA and shall consist of classroom instruction, field observation, and a proficiency test. . . .'' We are amending this language by 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. IV. Comments and Responses A. Technology Improvement The first commenter suggested that the EPA should require the inspector to utilize digital imagery to document the visible emission observation. This comment is beyond the scope of the present action. This action does not involve the merits of Method 303, but rather training requirements in order for observers to be qualified to conduct Method 303 testing. No change to the rule was made in response to this comment. B. Training Requirements The first commenter, also, stated that the quality of third-party Method 9 lectures is simply not good enough to ensure that any level of training is achieved, and seems to suggest that the Method 9 lecture is the only training involved. While attending the lecture portion of Method 9 is a prerequisite to receiving Method 303 certification, this requirement is to ensure individuals have a basic understanding of opacity measurement. It is not the sole training requirement. For example, the trainee must successfully complete the Method 303 training course, satisfy the field observation requirement, and demonstrate adequate performance and sufficient knowledge of Method 303 (see section 10.1). A trainee must also verify completion of at least 12 hours of field observation prior to attending the Method 303 certification course (see section 10.1.1). There are numerous other requirements as well. Therefore, the EPA believes an approved Method 303 training course will be comprehensive enough to assure that individuals who receive certification to determine VE from coke oven battery sources are proficient regardless of any perceived inadequacy of Method 9 lectures. No change to the rule was made in response to this comment. The second commenter expressed concerns over the possible use of ad hoc panel members, stating these panel members may have inconsistent interpretations of Method 303 and different inspection practices at the plants. The EPA agrees with the comment regarding the make-up of the certification panel, and is amending the Method 303 rule language in section 10.1.3 to specify that the composition of the panel will be approved by the Administrator as part of the training course approval process. During this approval process, the experience of each panel member will be reviewed in order to ensure consistency. V. 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. 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 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. [[Page 83703]] 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 that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This action would make corrections and updates to an existing protocol for assessing the precision and accuracy of alternative test methods to ensure they are comparable to the methods otherwise required; thus, it does not modify or affect the impacts to human health or the environment of any standards for which it may be used. 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 January 23, 2017. Clarification of Requirements for Method 303 Certification Training List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Test methods. Dated: November 8, 2016. Gina McCarthy, Administrator. For the reasons stated in the preamble, the EPA is amending 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. 0 2. In Appendix A, amend Method 303: 0 a. In section 5.0 by revising paragraph 5.2; and 0 b. In section 10.0 by: 0 i. Revising paragraphs 10.1, 10.1.1, 10.1.2, and 10.1.3; 0 ii. Adding paragraphs 10.1.4, 10.1.5, 10.1.6, and 10.1.7; and 0 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, 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 at: 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 [[Page 83704]] observers, including an ability to differentiate coke oven emissions from condensing water vapor and smoldering coal. The composition of the panel must be approved by the Administrator as part of the training course approval process. 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. 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. 2016-28097 Filed 11-21-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations 83701
§§ 842.120 and 842.121 [Removed] ENVIRONMENTAL PROTECTION III. Changes Included in the Final Method
AGENCY 303 Clarification
■ 101. Remove newly redesignated IV. Summary of Major Comments and
§§ 842.120 and 842.121. 40 CFR Part 63 Responses
A. Technology Improvement
§§ 842.122 through 842.124 [Redesignated [EPA–HQ–OAR–2014–0492; FRL–9955–50– B. Training Requirements
as §§ 842.120 through 842.122] OAR] V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
■ 102. Newly redesignated §§ 842.122 RIN 2060–AR97 Planning and Review and Executive
through 842.124 are further Order 13563: Improving Regulation and
redesignated as §§ 842.120 through Clarification of Requirements for Regulatory Review
842.122, respectively. Method 303 Certification Training B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
Subpart Q—[Redesignated as Subpart AGENCY: Environmental Protection D. Unfunded Mandates Reform Act
O] Agency (EPA). (UMRA)
ACTION: Final rule. E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
■ 103. Redesignate subpart Q, consisting
SUMMARY: The Environmental Protection and Coordination With Indian Tribal
of §§ 842.144 through 842.150, as Governments
subpart O, consisting of §§ 842.123 Agency (EPA) is finalizing revisions to
G. Executive Order 13045: Protection of
through 842.129. better define the requirements Children From Environmental Health
associated with conducting Method 303 Risks and Safety Risks
■ 104. Revise newly redesignated training courses. Method 303 is an air H. Executive Order 13211: Actions
§ 842.123 to read as follows: pollution test method used to determine Concerning Regulations That
§ 842.123 Scope of this subpart.
the presence of visible emissions (VE) Significantly Affect Energy Supply,
from coke ovens. This action adds Distribution, or Use
This subpart tells how to make an language that clarifies the criteria used I. National Technology Transfer and
advance payment before a claim is filed by the EPA to determine the Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
or finalized under the Military Claims, competency of Method 303 training To Address Environmental Justice in
Foreign Claims and National Guard providers, but does not change the Minority Populations and Low-Income
Claims Acts. requirements for conducting the test Populations
■ 105. In newly redesignated § 842.124,
method. These revisions will help K. Congressional Review Act (CRA)
entities interested in conducting the
revise paragraph (c)(4) to read as I. General Information
required training courses by clearly
follows:
defining the requirements necessary to A. Does this action apply to me?
§ 842.124 Delegation of authority. do so. This action applies to you if you are
* * * * * DATES: The final rule is effective on a potential provider of Method 303
December 22, 2016. training services, someone seeking
(c) * * *
ADDRESSES: The EPA has established a training to conduct Method 303, or a
(4) SJAs of the Air Force component docket for this action under Docket ID facility subject to Method 303.
commander of the U.S. geographic No. EPA–HQ–OAR–2014–0492. All
combatant commands for claims arising B. What action is the agency taking?
documents in the docket are listed on
within their respective combatant the http://www.regulations.gov Web This final action adds language that
command areas of responsibility. site. Although listed in the index, some further clarifies the criteria used by the
* * * * * information is not publicly available, EPA to determine the competency of
e.g., Confidential Business Information Method 303 training providers, but does
■ 106. In newly redesignated § 842.126,
(CBI) or other information whose not change the requirements for
revise paragraph (b) to read as follows: conducting the test method.
disclosure is restricted by statute.
§ 842.126 When authorized. Certain other material, such as C. Judicial Review
copyrighted material, is not placed on
* * * * * Under section 307(b)(1) of the Clean
the Internet and will be publicly
(b) The potential claimant has an available only in hard copy form. Air Act (CAA), judicial review of this
immediate need amounting to a Publicly available docket materials are final rule is available by filing a petition
hardship for food, shelter, medical or available electronically through http:// for review in the United States Court of
burial expenses, or other necessities. In www.regulations.gov. Appeals for the District of Columbia
the case of a commercial enterprise, Circuit by January 23, 2017. Under
FOR FURTHER INFORMATION CONTACT: Ms. section 307(d)(7)(B) of the CAA, only an
severe financial loss or bankruptcy will Kim Garnett, U.S. EPA, Office of Air
result if the Air Force does not make an objection to this final rule that was
Quality Planning and Standards, Air raised with reasonable specificity
advance payment. Quality Assessment Division, during the period for public comment
* * * * * Measurement Technology Group (Mail can be raised during judicial review.
Code: E143–02), Research Triangle Park, Moreover, under section 307(b)(2) of the
Henry Williams,
NC 27711; telephone number: (919) CAA, the requirements that are the
Acting Air Force Federal Liaison Officer. 541–1158; fax number: (919) 541–0516; subject of this final rule may not be
sradovich on DSK3GMQ082PROD with RULES
[FR Doc. 2016–25554 Filed 11–21–16; 8:45 am] email address: garnett.kim@epa.gov. challenged later in civil or criminal
BILLING CODE 5001–10–P proceedings brought by the EPA to
SUPPLEMENTARY INFORMATION:
I. General Information enforce these requirements.
A. Does this action apply to me? II. Background
B. What action is the agency taking?
C. Judicial Review On October 27, 1993, we published
II. Background Method 303 for determining VE from
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G. Executive Order 13045: Protection of Clarification of Requirements for Method 303 training provider, an applicant
Children From Environmental Health Method 303 Certification Training must submit their credentials and the details
of their Method 303 training course to Group
Risks and Safety Risks List of Subjects in 40 CFR Part 63 Leader, Measurement Technology Group
The EPA interprets Executive Order Environmental protection, Air (E143–02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection
13045 as applying only to those pollution control, Test methods. Agency, Research Triangle Park, NC 27711.
regulatory actions that concern Dated: November 8, 2016. Those details should include, at a minimum:
environmental health or safety risks that Gina McCarthy, (a) A detailed list of the provider’s
the EPA has reason to believe may Administrator.
credentials.
disproportionately affect children, per (b) An outline of the classroom and the
For the reasons stated in the field portions of the class.
the definition of ‘‘covered regulatory preamble, the EPA is amending title 40, (c) Copies of the written training and
action’’ in section 2–202 of the chapter I of the Code of Federal lecture materials, to include:
Executive Order. This action is not Regulations as follows: (1) The classroom audio-visual
subject to Executive Order 13045 presentation(s).
because it does not concern an PART 63—[AMENDED] (2) A classroom course manual with
environmental health risk or safety risk. instructional text, practice questions and
■ 1. The authority citation for part 63 problems for each of the elements of the
H. Executive Order 13211: Actions continues to read as follows: Method 303 inspection (i.e., charging, doors,
Concerning Regulations That lids and offtakes, and collecting mains). A
Authority: 42 U.S.C. 7401 et seq. copy of Method 303 and any related guidance
Significantly Affect Energy Supply,
Distribution, or Use ■ 2. In Appendix A, amend Method 303: documents should be included as
■ a. In section 5.0 by revising paragraph appendices.
This action is not subject to Executive 5.2; and (3) A copy of the Method 303
■ b. In section 10.0 by: demonstration video, if not using the one
Order 13211 because it is not a available at: http://www3.epa.gov/ttn/emc/
■ i. Revising paragraphs 10.1, 10.1.1,
significant regulatory action under methods/method303trainingvideo.mp4.
Executive Order 12866. 10.1.2, and 10.1.3;
(4) Multiple-choice certification tests, with
■ ii. Adding paragraphs 10.1.4, 10.1.5,
questions sufficient to demonstrate
I. National Technology Transfer and 10.1.6, and 10.1.7; and knowledge of the method, as follows: One (1)
Advancement Act (NTTAA) ■ iii. Revising paragraph 10.2. Initial certification test and three (3) third-
The revisions and additions read as year recertification tests (the questions on
This rulemaking does not involve follows. any one recertification test must be at least
technical standards. 25 percent different from those on the other
Appendix A to Part 63—Test Methods
recertification tests).
J. Executive Order 12898: Federal * * * * * (5) A field certification checklist and
Actions To Address Environmental inspection forms for each of the elements of
Justice in Minority Populations and Method 303—Determination of Visible the Method 303 inspection (i.e., charging,
Emissions From By-Product Coke Oven
Low-Income Populations Batteries
doors, lids and offtakes, and collecting
mains).
The EPA believes that this action is * * * * * (6) The criteria used to determine
not subject to Executive Order 12898 (59 proficiency.
5.0 Safety
FR 7629, February 16, 1994) because it (7) The panel members to be utilized (see
* * * * * Section 10.1.3) along with their
does not establish an environmental 5.2 Safety Training. Because coke oven qualifications.
health or safety standard. This action batteries have hazardous environments, the (8) An example certificate of successful
would make corrections and updates to training materials and the field training course completion.
an existing protocol for assessing the (section 10.0) shall cover the precautions 10.1.1 A trainee must verify completion
precision and accuracy of alternative required to address health and safety of at least 12 hours of field observation prior
hazards. to attending the Method 303 certification
test methods to ensure they are
comparable to the methods otherwise * * * * * course. Trainees shall observe the operation
of a coke oven battery as it pertains to
required; thus, it does not modify or 10.0 Calibration and Standardization Method 303, including topside operations,
affect the impacts to human health or * * * * * and shall also practice conducting Method
the environment of any standards for 10.1 Certification Procedures. This 303 or similar methods. During the field
which it may be used. method requires only the determination of observations, trainees unfamiliar with coke
whether VE occur and does not require the battery operations shall receive instruction
K. Congressional Review Act determination of opacity levels; therefore, from an experienced coke oven observer who
observer certification according to Method 9 is familiar with Method 303 or similar
The Congressional Review Act, 5 in appendix A to part 60 of this chapter is methods and with the operation of coke
U.S.C. 801 et seq., as added by the Small not required to obtain certification under this batteries.
Business Regulatory Enforcement method. However, in order to receive Method 10.1.2 The classroom instruction shall
Fairness Act of 1996, generally provides 303 observer certification, the first-time familiarize the trainees with Method 303
that before a rule may take effect, the observer (trainee) shall have attended the through lecture, written training materials,
lecture portion of the Method 9 certification and a Method 303 demonstration video.
agency promulgating the rule must
course. In addition, the trainee shall Successful completion of the classroom
submit a rule report, which includes a successfully complete the Method 303 portion of the Method 303 training course
copy of the rule, to each House of the
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training course, satisfy the field observation shall be demonstrated by a perfect score on
Congress and to the Comptroller General requirement, and demonstrate adequate the initial certification test. Those attending
of the United States. This action is not performance and sufficient knowledge of the course for third-year recertification must
a ‘‘major rule’’ as defined by 5 U.S.C. Method 303. The Method 303 training complete one of the recertification tests
804(2). This rule will be effective provider and course shall be approved by the selected at random.
Administrator and shall consist of classroom 10.1.3 All trainees must demonstrate
January 23, 2017. instruction, field training, and a proficiency proficiency in the application of Method 303
test. In order to apply for approval as a to a panel of three certified Method 303
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![83704 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations
observers, including an ability to differentiate address, telephone, cell and/or fax numbers, good agricultural practices. MacIntosh
coke oven emissions from condensing water email address, beginning and ending dates of and Associates, Inc. (on behalf of
vapor and smoldering coal. The composition certification, and whether training was for 3- AgBiTech Pty Ltd.) submitted a petition
of the panel must be approved by the year certification or 1-year recertification.
to EPA under the Federal Food, Drug,
Administrator as part of the training course This information must be submitted within
approval process. The panel members will be 30 days of the course completion. and Cosmetic Act (FFDCA), requesting
EPA, state or local agency personnel, or 10.1.6 The training provider will an exemption from the requirement of a
industry contractors listed in 59 FR 11960 maintain the following records, to be made tolerance. This regulation eliminates the
(March 15, 1994) or qualified as part of the available to EPA or its designee on request need to establish a maximum
training provider approval process of section (within 30 days of a request): permissible level for residues of
10.1 of this method. (a) A file for each Method 303 observer Spodoptera frugiperda multiple
Each panel member shall have at least 120 containing the signed certification checklists, nucleopolyhedrovirus strain 3AP2
days experience in reading visible emissions certification forms and test results for their
under FFDCA.
from coke ovens. The visible emissions initial certification, and any subsequent
inspections that will satisfy the experience third-year recertifications. Initial certification DATES: This regulation is effective
requirement must be inspections of coke records must also include documentation November 22, 2016. Objections and
oven battery fugitive emissions from the showing successful completion of the requests for hearings must be received
emission points subject to emission training prerequisites. Testing results from on or before January 23, 2017, and must
standards under subpart L of this part (i.e., any interim recertifications must also be be filed in accordance with the
coke oven doors, topside port lids, offtake included, along with any relevant
instructions provided in 40 CFR part
system(s), and charging operations), using communications.
either Method 303 or predecessor state or (b) A searchable master electronic database 178 (see also Unit I.C. of the
local test methods. A ‘‘day’s experience’’ for of all persons for whom initial certification, SUPPLEMENTARY INFORMATION).
a particular inspection is a day on which one third-year recertification or interim ADDRESSES: The docket for this action,
complete inspection was performed for that recertification. Information contained therein identified by docket identification (ID)
emission point under Method 303 or a must include: The observer’s name, number EPA–HQ–OPP–2015–0488, is
predecessor state or local method. A ‘‘day’s employer, address, telephone, cell and fax available at http://www.regulations.gov
experience’’ does not mean 8 or 10 hours numbers and email address, along with the
beginning and ending dates for each
or at the Office of Pesticide Programs
performing inspections, or any particular
time expressed in minutes or hours that may successfully completed initial, third-year and Regulatory Public Docket (OPP Docket)
have been spent performing them. Thus, it interim recertification. in the Environmental Protection Agency
would be possible for an individual to 10.1.7 Failure by the training provider to Docket Center (EPA/DC), West William
qualify as a Method 303 panel member for submit example training course materials Jefferson Clinton Bldg., Rm. 3334, 1301
some emission points, but not others (e.g., an and/or requested training records to the Constitution Ave. NW., Washington, DC
individual might satisfy the experience Administrator may result in suspension of 20460–0001. The Public Reading Room
requirement for coke oven doors, but not the approval of the provider and course. is open from 8:30 a.m. to 4:30 p.m.,
topside port lids). Until November 15, 1994, 10.2 Observer Certification/
Recertification. The coke oven observer
Monday through Friday, excluding legal
the EPA may waive the certification
certification is valid for 1 year. The observer holidays. The telephone number for the
requirement (but not the experience
requirement) for panel members. The shall recertify annually by reviewing the Public Reading Room is (202) 566–1744,
composition of the panel shall be approved training material, viewing the training video and the telephone number for the OPP
by the EPA. and answering all of the questions on the Docket is (703) 305–5805. Please review
The panel shall observe the trainee in a recertification test correctly. Every 3 years, an the visitor instructions and additional
series of training runs and a series of observer shall be required to pass the information about the docket available
certification runs. There shall be a minimum proficiency test in section 10.1.3 in order to at http://www.epa.gov/dockets.
of 1 training run for doors, topside port lids, be certified. The years between proficiency
tests are referred to as interim years. FOR FURTHER INFORMATION CONTACT:
and offtake systems, and a minimum of 5
training runs (i.e., 5 charges) for charging. * * * * * Robert McNally, Biopesticides and
During training runs, the panel can advise [FR Doc. 2016–28097 Filed 11–21–16; 8:45 am] Pollution Prevention Division (7511P),
the trainee on proper procedures. There shall BILLING CODE 6560–50–P
Office of Pesticide Programs,
be a minimum of 3 certification runs for Environmental Protection Agency, 1200
doors, topside port lids, and offtake systems, Pennsylvania Ave. NW., Washington,
and a minimum of 15 certification runs for ENVIRONMENTAL PROTECTION DC 20460–0001; main telephone
charging (i.e., 15 charges). The certification number: (703) 305–7090; email address:
runs shall be unassisted. Following the
AGENCY
BPPDFRNotices@epa.gov.
certification test runs, the panel shall
approve or disapprove certification based on
40 CFR Part 180 SUPPLEMENTARY INFORMATION:
the trainee’s performance during the [EPA–HQ–OPP–2015–0488; FRL–9953–40] I. General Information
certification runs. To obtain certification, the
trainee shall demonstrate, to the satisfaction Spodoptera frugiperda Multiple A. Does this action apply to me?
of the panel, a high degree of proficiency in Nucleopolyhedrovirus Strain 3AP2;
performing Method 303. To aid in evaluating You may be potentially affected by
Exemption From the Requirement of a this action if you are an agricultural
the trainee’s performance, a checklist,
Tolerance producer, food manufacturer, or
approved by the EPA, will be used by the
panel members. AGENCY: Environmental Protection pesticide manufacturer. The following
10.1.4 Those successfully completing the Agency (EPA). list of North American Industrial
initial certification or third-year Classification System (NAICS) codes is
ACTION: Final rule.
recertification requirements shall receive a not intended to be exhaustive, but rather
sradovich on DSK3GMQ082PROD with RULES
certificate showing certification as a Method SUMMARY: This regulation establishes an provides a guide to help readers
303 observer and the beginning and ending
exemption from the requirement of a determine whether this document
dates of the certification period.
10.1.5 The training provider will submit tolerance for residues of Spodoptera applies to them. Potentially affected
to the EPA or its designee the following frugiperda multiple entities may include:
information for each trainee successfully nucleopolyhedrovirus strain 3AP2 in or • Crop production (NAICS code 111).
completing initial certification or third-year on all food commodities when used in • Animal production (NAICS code
recertification training: Name, employer, accordance with label directions and 112).
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Document Created: 2018-02-14 08:29:07
Document Modified: 2018-02-14 08:29:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The final rule is effective on December 22, 2016. | |
| 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) | |
| FR Citation | 81 FR 83701 | |
| RIN Number | 2060-AR97 | |
| CFR Associated | Environmental Protection; Air Pollution Control and Test Methods |
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