81 FR 9350 - Clarification of Requirements for Method 303 Certification Training
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 37 (February 25, 2016)
Federal Register Volume 81, Issue 37 (February 25, 2016)
| Page Range | 9350-9353 | |
| FR Document | 2016-03757 |
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)] [Rules and Regulations] [Pages 9350-9353] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03757] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 Once submitted, comments cannot be edited or withdrawn.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] 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 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] BILLING CODE 6560-50-P
![9350 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations
List of Subjects in 40 CFR Part 52 Dated: February 17, 2016. Authority: 42 U.S.C. 7401 et seq.
Mark Hague,
Environmental protection, Air Regional Administrator, Region 7. Subpart AA—Missouri
pollution control, Carbon monoxide,
Incorporation by reference, For the reasons stated in the
■ 2. In § 52.1320, the table in paragraph
preamble, EPA amends 40 CFR part 52
Intergovernmental relations, Nitrogen (e) is amended by adding entry (69) at
as set forth below:
oxides, Ozone, Reporting and the end of the table to read as follows:
recordkeeping requirements, Volatile PART 52—APPROVAL AND
organic compounds. § 52.1320 Identification of Plan.
PROMULGATION OF
IMPLEMENTATION PLANS * * * * *
(e) * * *
■ 1. The authority citation for part 52
continues to read as follows:
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP Applicable geographic area or State submittal EPA approval date Explanation
provision nonattainment area date
* * * * * * *
(69) Marginal Plan for the Mis- Statewide ............................... 9/9/14 2/25/16 [Insert Federal Reg- EPA–R07–OAR–2015–0438;
souri Portion of the St. ister citation]. 9942–76–Region 7.
Louis Ozone Nonattainment
Area for the 2008 NAAQS.
[FR Doc. 2016–03901 Filed 2–24–16; 8:45 am] timely withdrawal in the Federal 541–1158; fax number: (919) 541–0516;
BILLING CODE 6560–50–P Register informing the public that the email address: garnett.kim@epa.gov.
rule will not take effect. SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION ADDRESSES: Submit your comments, Table of Contents
AGENCY identified by Docket ID No. EPA–HQ–
I. General Information
OAR–2014–0492, to the Federal A. Why is the EPA using a direct final rule?
40 CFR Part 63 eRulemaking Portal: http:// B. Does this action apply to me?
www.regulations.gov. Follow the online C. What should I consider as I prepare my
[EPA–HQ–OAR–2014–0492; FRL–9940–76– instructions for submitting comments. comments for the EPA?
OAR] Once submitted, comments cannot be D. Where can I obtain a copy of this action?
edited or withdrawn. The EPA may E. Judicial Review
RIN 2060–AR97 II. This Action
publish any comment received to its
III. Statutory and Executive Order Reviews
Clarification of Requirements for public docket. Do not submit A. Executive Order 12866: Regulatory
Method 303 Certification Training electronically any information you Planning and Review and Executive
consider to be Confidential Business Order 13563: Improving Regulation and
AGENCY: Environmental Protection Information (CBI) or other information Regulatory Review
Agency (EPA). whose disclosure is restricted by statute. B. Paperwork Reduction Act (PRA)
ACTION: Direct final rule. Multimedia submissions (audio, video, C. Regulatory Flexibility Act (RFA)
etc.) must be accompanied by a written D. Unfunded Mandates Reform Act
SUMMARY: The Environmental Protection (UMRA)
comment. The written comment is E. Executive Order 13132: Federalism
Agency (EPA) is taking direct final considered the official comment and
action to better define the requirements F. Executive Order 13175: Consultation
should include discussion of all points and Coordination With Indian Tribal
associated with conducting Method 303 you wish to make. The EPA will Governments
training courses. Method 303 is an air generally not consider comments or G. Executive Order 13045: Protection of
pollution test method used to determine comment contents located outside of the Children From Environmental Health
the presence of visible emissions (VE) primary submission (i.e., on the Web, Risks and Safety Risks
from coke ovens. This action adds Cloud, or other file sharing system). H. Executive Order 13211: Actions
language that further clarifies the Concerning Regulations That
criteria used by the EPA to determine For additional submission methods, Significantly Affect Energy Supply,
the competency of Method 303 training the full EPA public comment policy, Distribution, or Use
information about CBI or multimedia I. National Technology Transfer and
providers, but does not change the Advancement Act
requirements for conducting the test submissions, and general guidance on
making effective comments, please visit J. Executive Order 12898: Federal Actions
method. These changes will help To Address Environmental Justice in
entities interested in conducting the http://www2.epa.gov/dockets/ Minority Populations and Low-Income
required training courses by clearly commenting-epa-dockets. Populations
defining the requirements necessary to FOR FURTHER INFORMATION CONTACT: Ms. K. Congressional Review Act (CRA)
rmajette on DSK2TPTVN1PROD with RULES
do so. Kim Garnett, U.S. EPA, Office of Air I. General Information
DATES: This rule is effective on April 25, Quality Planning and Standards, Air
2016 without further notice, unless the Quality Assessment Division, A. Why is the EPA using a direct final
EPA receives adverse comment by Measurement Technology Group (Mail rule?
March 28, 2016. If the EPA receives Code: E143–02), Research Triangle Park, The EPA is publishing this rule
adverse comment, we will publish a NC 27711; telephone number: (919) without a prior proposed rule because
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![9352 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations
and does not impose additional J. Executive Order 12898: Federal 5.2 Safety Training. Because coke oven
regulatory requirements on sources. Actions To Address Environmental batteries have hazardous environments, the
Justice in Minority Populations and training materials and the field training
D. Unfunded Mandates Reform Act (Section 10.0) shall cover the precautions
Low-Income Populations
(UMRA) required to address health and safety
The EPA believes the human health or hazards.
This action does not contain any environmental risk addressed by this * * * * *
unfunded mandate of $100 million or action will not have potential
more as described in UMRA, 2 U.S.C. disproportionately high and adverse 10.0 Calibration and Standardization
1531–1538, and does not significantly or human health or environmental effects * * * * *
uniquely affect small governments. This on minority, low-income or indigenous 10.1 Certification Procedures. This
action imposes no enforceable duty on populations. This action does not relax method requires only the determination of
any state, local or tribal governments, or the control measures on sources whether VE occur and does not require the
the private sector. regulated by the rule and, therefore, will determination of opacity levels; therefore,
observer certification according to Method 9
E. Executive Order 13132: Federalism not cause emissions increases from in appendix A to Part 60 of this chapter is
these sources. not required to obtain certification under this
This action does not have federalism K. Congressional Review Act method. However, in order to receive Method
implications. It will not have substantial 303 observer certification, the first-time
direct effects on the states, on the The Congressional Review Act, 5 observer (trainee) shall have attended the
relationship between the national U.S.C. 801 et seq., as added by the Small lecture portion of the Method 9 certification
government and the states, or on the Business Regulatory Enforcement course. In addition, the trainee shall
distribution of power and Fairness Act of 1996, generally provides successfully complete the Method 303
responsibilities among the various that before a rule may take effect, the training course, satisfy the field observation
agency promulgating the rule must requirement, and demonstrate adequate
levels of government. performance and sufficient knowledge of
submit a rule report, which includes a
F. Executive Order 13175: Consultation copy of the rule, to each House of the Method 303. The Method 303 training
and Coordination With Indian Tribal provider and course shall be approved by the
Congress and to the Comptroller General Administrator and shall consist of classroom
Governments of the United States. This action is not instruction, field training, and a proficiency
a ‘‘major rule’’ as defined by 5 U.S.C. test. In order to apply for approval as a
This action does not have tribal
804(2). This rule will be effective April Method 303 training provider, an applicant
implications, as specified in Executive
25, 2016. must submit their credentials and the details
Order 13175. This action adds
of their Method 303 training course to Group
additional language that clarifies the List of Subjects in 40 CFR Part 63 Leader, Measurement Technology Group
criteria used by the EPA to determine Environmental protection, Air (E143–02), Office of Air Quality Planning and
the competency of Method 303 training pollution control, Test method. Standards, U.S. Environmental Protection
providers, but does not change the Agency, Research Triangle Park, NC 27711.
requirements for conducting the test Dated: February 12, 2016.
Those details should include, at a minimum:
method. Thus, Executive Order 13175 Gina McCarthy, (a) A detailed list of the provider’s
does not apply to this action. Administrator. credentials.
For the reasons stated in the (b) An outline of the classroom and the
G. Executive Order 13045: Protection of field portions of the class.
Children From Environmental Health preamble, title 40, chapter I of the Code
(c) Copies of the written training and
Risks and Safety Risks of Federal Regulations is amended as lecture materials, to include:
follows: (1) The classroom audio-visual
The EPA interprets Executive Order presentation(s).
13045 as applying only to those PART 63—[AMENDED] (2) A classroom course manual with
regulatory actions that concern ■ 1. The authority citation for Part 63
instructional text and practice questions and
environmental health or safety risks that problems for each of the elements of the
continues to read as follows: Method 303 inspection (i.e., charging, doors,
the EPA has reason to believe may
disproportionately affect children, per Authority: 42 U.S.C. 7401 et seq. lids and offtakes, and collecting mains). A
copy of Method 303 and any related guidance
the definition of ‘‘covered regulatory ■ 2. In Appendix A, amend Method 303: documents should be included as
action’’ in section 2–202 of the ■ a. In section 5.0 by revising paragraph appendices.
Executive Order. This action is not 5.2; and (3) A copy of the Method 303
subject to Executive Order 13045 ■ b. In section 10.0 by: demonstration video, if not using the one
because it does not concern an ■ i. Revising paragraphs 10.1, 10.1.1, available on the EPA Web site: http://
environmental health risk or safety risk. 10.1.2, and 10.1.3; www3.epa.gov/ttn/emc/methods/
■ ii. Adding paragraphs 10.1.4, 10.1.5, method303trainingvideo.mp4.
H. Executive Order 13211: Actions 10.1.6, and 10.1.7; and (4) Multiple-choice certification tests, with
Concerning Regulations That ■ iii. Revising paragraph 10.2. questions sufficient to demonstrate
Significantly Affect Energy Supply, The revisions and additions read as knowledge of the method, as follows: One (1)
Distribution, or Use follows. initial certification test and three (3) third-
year recertification tests (the questions on
This action is not subject to Executive Appendix A to Part 63—Test Methods any one recertification test must be at least
Order 13211 because it is not a * * * * * 25 percent different from those on the other
significant regulatory action under recertification tests).
rmajette on DSK2TPTVN1PROD with RULES
Executive Order 12866. Method 303—Determination of Visible (5) A field certification checklist and
Emissions From By-Product Coke Oven inspection forms for each of the elements of
I. National Technology Transfer and Batteries the Method 303 inspection (i.e., charging,
Advancement Act * * * * * doors, lids and offtakes, and collecting
mains).
This rulemaking does not involve 5.0 Safety (6) The criteria used to determine
technical standards. * * * * * proficiency.
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![Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations 9353
(7) The panel members to be utilized (see and offtake systems, and a minimum of 5 be certified. The years between proficiency
Section 10.1.3) along with their training runs (i.e., 5 charges) for charging. tests are referred to as interim years.
qualifications. During training runs, the panel can advise * * * * *
(8) An example certificate of successful the trainee on proper procedures. There shall [FR Doc. 2016–03757 Filed 2–24–16; 8:45 am]
course completion. be a minimum of 3 certification runs for
BILLING CODE 6560–50–P
10.1.1 A trainee must verify completion doors, topside port lids, and offtake systems,
of at least 12 hours of field observation prior and a minimum of 15 certification runs for
to attending the Method 303 certification charging (i.e., 15 charges). The certification
course. Trainees shall observe the operation runs shall be unassisted. Following the ENVIRONMENTAL PROTECTION
of a coke oven battery as it pertains to certification test runs, the panel shall AGENCY
Method 303, including topside operations, approve or disapprove certification based on
and shall also practice conducting Method the trainee’s performance during the 40 CFR Part 180
303 or similar methods. During the field certification runs. To obtain certification, the
observations, trainees unfamiliar with coke [EPA–HQ–OPP–2014–0314 and EPA–HQ–
trainee shall demonstrate to the satisfaction OPP–2014–0489; FRL–9941–87]
battery operations shall receive instruction of the panel a high degree of proficiency in
from an experienced coke oven observer who performing Method 303. To aid in evaluating
is familiar with Method 303 or similar Triclopyr; Pesticide Tolerances
the trainee’s performance, a checklist,
methods and with the operation of coke approved by the EPA, will be used by the AGENCY: Environmental Protection
batteries. panel members. Agency (EPA).
10.1.2 The classroom instruction shall 10.1.4 Those successfully completing the
familiarize the trainees with Method 303 ACTION: Final rule.
initial certification or third-year
through lecture, written training materials,
recertification requirements shall receive a SUMMARY: This regulation amends the
and a Method 303 demonstration video.
certificate showing certification as a Method tolerances for residues of triclopyr in
Successful completion of the classroom
303 observer and the beginning and ending
portion of the Method 303 training course milk and livestock commodities which
dates of the certification period.
shall be demonstrated by a perfect score on
10.1.5 The training provider will submit are identified and discussed later in this
the initial certification test. Those attending document, and amends the tolerance
to the EPA or its designee the following
the course for third-year recertification must expressions to include triclopyr choline
information for each trainee successfully
complete one of the recertification tests salt. Dow AgroSciences, LLC requested
completing initial certification or third-year
selected at random.
recertification training: Name, employer, these tolerance changes under the
10.1.3 All trainees must demonstrate
proficiency in the application of Method 303
address, telephone, cell and/or fax numbers, Federal Food, Drug, and Cosmetic Act
email address, beginning and ending dates of (FFDCA).
to a panel of three certified Method 303
observers, including an ability to differentiate certification, and whether training was for 3-
year certification or 1-year recertification. DATES: This regulation is effective
coke oven emissions from condensing water February 25, 2016. Objections and
vapor and smoldering coal. The panel This information must be submitted within
30 days of the course completion. requests for hearings must be received
members will be EPA, state or local agency
personnel, or industry contractors listed in 10.1.6 The training provider will on or before April 25, 2016, and must
59 FR 11960 (March 15, 1994) or qualified as maintain the following records, to be made be filed in accordance with the
part of the training provider approval process available to EPA or its designee on request instructions provided in 40 CFR part
of Section 10.1 of this method. (within 30 days of a request): 178 (see also Unit I.C. of the
Each panel member shall have at least 120 (a) A file for each Method 303 observer SUPPLEMENTARY INFORMATION).
days experience in reading visible emissions containing the signed certification checklists,
certification forms and test results for their ADDRESSES: The dockets for this action,
from coke ovens. The visible emissions
initial certification, and any subsequent identified by docket identification (ID)
inspections that will satisfy the experience
requirement must be inspections of coke third-year recertifications. Initial certification numbers EPA–HQ–OPP–2014–0314 and
oven battery fugitive emissions from the records must also include documentation EPA–HQ–OPP–2014–0489, are available
emission points subject to emission showing successful completion of the at http://www.regulations.gov or at the
standards under subpart L of this part (i.e., training prerequisites. Testing results from Office of Pesticide Programs Regulatory
coke oven doors, topside port lids, offtake any interim recertifications must also be Public Docket (OPP Docket) in the
system(s), and charging operations), using included, along with any relevant Environmental Protection Agency
either Method 303 or predecessor state or communications.
Docket Center (EPA/DC), West William
local test methods. A ‘‘day’s experience’’ for (b) A searchable master electronic database
of all persons for whom initial certification, Jefferson Clinton Bldg., Rm. 3334, 1301
a particular inspection is a day on which one
third-year recertification or interim Constitution Ave. NW., Washington, DC
complete inspection was performed for that
emission point under Method 303 or a recertification has been provided. 20460–0001. The Public Reading Room
predecessor state or local method. A ‘‘day’s Information contained therein must include: is open from 8:30 a.m. to 4:30 p.m.,
experience’’ does not mean 8 or 10 hours The observer’s name, employer, address, Monday through Friday, excluding legal
performing inspections, or any particular telephone, cell and fax numbers and email holidays. The telephone number for the
time expressed in minutes or hours that may address, along with the beginning and ending Public Reading Room is (202) 566–1744,
have been spent performing them. Thus, it dates for each successfully completed initial, and the telephone number for the OPP
would be possible for an individual to third-year and interim recertification. Docket is (703) 305–5805. Please review
qualify as a Method 303 panel member for 10.1.7 Failure by the training provider to
the visitor instructions and additional
some emission points, but not others (e.g., an submit example training course materials
and/or requested training records to the information about the docket available
individual might satisfy the experience
requirement for coke oven doors, but not Administrator may result in suspension of at http://www.epa.gov/dockets.
topside port lids). Until November 15, 1994, the approval of the provider and course. FOR FURTHER INFORMATION CONTACT:
the EPA may waive the certification 10.2 Observer Certification/ Susan Lewis, Registration Division
requirement (but not the experience Recertification. The coke oven observer (7505P), Office of Pesticide Programs,
rmajette on DSK2TPTVN1PROD with RULES
requirement) for panel members. The certification is valid for 1 year. The observer Environmental Protection Agency, 1200
composition of the panel shall be approved shall recertify annually by reviewing the Pennsylvania Ave. NW., Washington,
by the EPA. training material, viewing the training video
DC 20460–0001; main telephone
The panel shall observe the trainee in a and answering all of the questions on the
series of training runs and a series of recertification test correctly. Every 3 years, an number: (703) 305–7090; email address:
certification runs. There shall be a minimum observer shall be required to pass the RDFRNotices@epa.gov.
of 1 training run for doors, topside port lids, proficiency test in Section 10.1.3 in order to SUPPLEMENTARY INFORMATION:
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Document Created: 2018-02-02 14:35:03
Document Modified: 2018-02-02 14:35:03
| 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 | Direct final rule. | |
| 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. | |
| 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 9350 | |
| RIN Number | 2060-AR97 | |
| CFR Associated | Environmental Protection; Air Pollution Control and Test Method |
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