81 FR 9407 - 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 | 9407-9410 | |
| FR Document | 2016-03758 |
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)] [Proposed Rules] [Pages 9407-9410] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03758] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 Once submitted, comments cannot be edited or withdrawn.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. 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. (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. * * * * * [FR Doc. 2016-03758 Filed 2-24-16; 8:45 am] BILLING CODE 6560-50-P
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affected by the provisions of this act, Management and Budget under ENVIRONMENTAL PROTECTION
rules, or policies of the Department. Executive Orders 12866 (58 FR 51735, AGENCY
Also, 15A NCAC 2D .2000 October 4, 1993) and 13563 (76 FR 3821,
Transportation Conformity requires a January 21, 2011); 40 CFR Part 63
consultation with all affected partners to • Does not impose an information [EPA–HQ–OAR–2014–0492; FRL–9940–75–
be implemented for transportation collection burden under the provisions OAR]
conformity determinations. of the Paperwork Reduction Act (44
Furthermore, NC DAQ has U.S.C. 3501 et seq.); RIN 2060–AR97
demonstrated consultation with, and • Is certified as not having a Clarification of Requirements for
participation by, affected local entities significant economic impact on a
through its work with local political Method 303 Certification Training
substantial number of small entities
subdivisions during the developing of under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection
its Transportation Conformity SIP, U.S.C. 601 et seq.); Agency (EPA).
Regional Haze Implementation Plan, • Does not contain any unfunded ACTION: Proposed rule.
and the 8-Hour Ozone Attainment mandate or significantly or uniquely
Demonstration for the North Carolina affect small governments, as described SUMMARY: The Environmental Protection
portion of the Charlotte-Gastonia-Rock in the Unfunded Mandates Reform Act Agency (EPA) is proposing revisions to
Hill NC–SC nonattainment area. of 1995 (Pub. L. 104–4); better define the requirements
Additionally, the NC DAQ organizes • Does not have Federalism associated with conducting Method 303
stakeholder meetings to support SIP implications as specified in Executive training courses. In the ‘‘Rules and
development and rulemakings. EPA has Order 13132 (64 FR 43255, August 10, Regulations’’ section of this issue of the
made the preliminary determination 1999); Federal Register, we are approving the
that North Carolina’s SIP and practices • Is not an economically significant revisions to Method 303 as a direct final
adequately demonstrate consultation regulatory action based on health or rule without a prior proposed rule. If we
with affected local entities related to the safety risks subject to Executive Order receive no adverse comment, we will
2010 1-hour SO2 NAAQS, when 13045 (62 FR 19885, April 23, 1997); not take further action on this proposed
necessary. • Is not a significant regulatory action rule. Method 303 is an air pollution test
V. Proposed Action subject to Executive Order 13211 (66 FR method used to determine the presence
28355, May 22, 2001); of visible emissions (VE) from coke
EPA is proposing to approve that ovens. This action adds language that
portions of NC DAQ’s infrastructure SIP • Is not subject to requirements of
Section 12(d) of the National further clarifies the criteria used by the
submission, submitted March 18, 2014, EPA to determine the competency of
for the 2010 1-hour SO2 NAAQS, has Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because Method 303 training providers, but does
met the above described infrastructure not change the requirements for
SIP requirements. The PSD permitting application of those requirements would
be inconsistent with the CAA; and conducting the test method. These
requirements for major sources of changes will help entities interested in
section 110(a)(2)(C) and (J), the • Does not provide EPA with the
discretionary authority to address, as conducting the required training courses
interstate transport requirements of by clearly defining the requirements
section 110(a)(2)(D)(i)(I) and (II) (prongs appropriate, disproportionate human
health or environmental effects, using necessary to do so.
1 through 4), will not be addressed by
practicable and legally permissible DATES: Written comments must be
EPA at this time. EPA has already taken
action to approve North Carolina’s methods, under Executive Order 12898 received by March 28, 2016.
infrastructure SIP submission related to (59 FR 7629, February 16, 1994). ADDRESSES: Submit your comments,
section 110(a)(2)(E)(ii) for the 2010 SO2 The SIP is not approved to apply on identified by Docket ID No. EPA–HQ–
NAAQS. EPA is proposing to approve any Indian reservation land or in any OAR–2014–0492, to the Federal
these portions of North Carolina’s other area where EPA or an Indian tribe eRulemaking Portal: http://
infrastructure SIP submission for the has demonstrated that a tribe has www.regulations.gov. Follow the online
2010 1-hour SO2 NAAQS because these jurisdiction. In those areas of Indian instructions for submitting comments.
aspects of the submission are consistent country, the rule does not have tribal Once submitted, comments cannot be
with section 110 of the CAA. implications as specified by Executive edited or withdrawn. The EPA may
Order 13175 (65 FR 67249, November 9, publish any comment received to its
VI. Statutory and Executive Order 2000), nor will it impose substantial public docket. Do not submit
Reviews direct costs on tribal governments or electronically any information you
Under the CAA, the Administrator is preempt tribal law. consider to be Confidential Business
required to approve a SIP submission Information (CBI) or other information
List of Subjects in 40 CFR Part 52
that complies with the provisions of the whose disclosure is restricted by statute.
Act and applicable Federal regulations. Environmental protection, Air Multimedia submissions (audio, video,
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by etc.) must be accompanied by a written
Thus, in reviewing SIP submissions, reference, Intergovernmental relations, comment. The written comment is
EPA’s role is to approve state choices, Nitrogen dioxide, Ozone, Reporting and considered the official comment and
provided that they meet the criteria of recordkeeping requirements, Volatile should include discussion of all points
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the CAA. Accordingly, this proposed organic compounds. you wish to make. The EPA will
action merely approves state law as Authority: 42 U.S.C. 7401 et seq. generally not consider comments or
meeting Federal requirements and does comment contents located outside of the
Dated: February 11, 2016.
not impose additional requirements primary submission (i.e., on the Web,
beyond those imposed by state law. For Heather McTeer Toney, Cloud, or other file sharing system).
that reason, this proposed action: Regional Administrator, Region 4. For additional submission methods,
• Is not a significant regulatory action [FR Doc. 2016–03897 Filed 2–24–16; 8:45 am] the full EPA public comment policy,
subject to review by the Office of BILLING CODE 6560–50–P information about CBI or multimedia
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the preamble titled ‘‘III. Environmental sufficient knowledge of Method 303. trainees unfamiliar with coke battery
Justice.’’ The Method 303 training provider and operations shall receive instruction from
course shall be approved by the an experienced coke oven observer who
List of Subjects in 40 CFR Part 63
Administrator and shall consist of is familiar with Method 303 or similar
Environmental protection, Air classroom instruction, field training, methods and with the operation of coke
pollution control, Test methods. and a proficiency test. In order to apply batteries.
Dated: February 12, 2016. for approval as a Method 303 training 10.1.2 The classroom instruction
Gina McCarthy, provider, an applicant must submit their shall familiarize the trainees with
credentials and the details of their Method 303 through lecture, written
Administrator.
Method 303 training course to Group training materials, and a Method 303
For the reasons stated in the demonstration video. Successful
preamble, the EPA proposes to amend Leader, Measurement Technology
Group (E143–02), Office of Air Quality completion of the classroom portion of
title 40, chapter I of the Code of Federal the Method 303 training course shall be
Regulations as follows: Planning and Standards, U.S.
Environmental Protection Agency, demonstrated by a perfect score on the
PART 63—[AMENDED] Research Triangle Park, NC 27711. initial certification test. Those attending
Those details should include, at a the course for third-year recertification
■ 1. The authority citation for part 63 minimum: must complete one of the recertification
continues to read as follows: (a) A detailed list of the provider’s tests selected at random.
credentials. 10.1.3 All trainees must demonstrate
Authority: 42 U.S.C. 7401 et seq. proficiency in the application of Method
(b) An outline of the classroom and
■ 2. In Appendix A, amend Method 303: the field portions of the class. 303 to a panel of three certified Method
■ a. In section 5.0 by revising paragraph (c) Copies of the written training and 303 observers, including an ability to
5.2; and lecture materials, to include: differentiate coke oven emissions from
■ b. In section 10.0 by: (1) The classroom audio-visual condensing water vapor and smoldering
■ i. Revising paragraphs 10.1, 10.1.1, presentation(s). coal. The panel members will be EPA,
10.1.2, and 10.1.3; (2) A classroom course manual with state or local agency personnel, or
■ ii. Adding paragraphs 10.1.4, 10.1.5, instructional text and practice questions industry contractors listed in 59 FR
10.1.6, and 10.1.7; and and problems for each of the elements 11960 (March 15, 1994) or qualified as
■ iii. Revising paragraph 10.2. of the Method 303 inspection (i.e., part of the training provider approval
The revisions and additions read as charging, doors, lids and offtakes, and process of Section 10.1 of this method.
follows. collecting mains). A copy of Method 303 Each panel member shall have at least
and any related guidance documents 120 days experience in reading visible
Appendix A to Part 63—Test Methods
should be included as appendices. emissions from coke ovens. The visible
* * * * * (3) A copy of the Method 303 emissions inspections that will satisfy
Method 303—Determination Of Visible demonstration video, if not using the the experience requirement must be
Emissions From By-Product Coke Oven one available on the EPA Web site: inspections of coke oven battery fugitive
Batteries http://www3.epa.gov/ttn/emc/methods/ emissions from the emission points
method303trainingvideo.mp4. subject to emission standards under
* * * * * (4) Multiple-choice certification tests, subpart L of this part (i.e., coke oven
5.0 Safety with questions sufficient to demonstrate doors, topside port lids, offtake
knowledge of the method, as follows: system(s), and charging operations),
* * * * * One (1) initial certification test and using either Method 303 or predecessor
5.2 Safety Training. Because coke three (3) third-year recertification tests state or local test methods. A ‘‘day’s
oven batteries have hazardous (the questions on any one recertification experience’’ for a particular inspection
environments, the training materials test must be at least 25 percent different is a day on which one complete
and the field training (section 10.0) shall from those on the other recertification inspection was performed for that
cover the precautions required to tests). emission point under Method 303 or a
address health and safety hazards. (5) A field certification checklist and predecessor state or local method. A
* * * * * inspection forms for each of the ‘‘day’s experience’’ does not mean 8 or
elements of the Method 303 inspection 10 hours performing inspections, or any
10.0 Calibration and Standardization particular time expressed in minutes or
(i.e., charging, doors, lids and offtakes,
* * * * * and collecting mains). hours that may have been spent
10.1 Certification Procedures. This (6) The criteria used to determine performing them. Thus, it would be
method requires only the determination proficiency. possible for an individual to qualify as
of whether VE occur and does not (7) The panel members to be utilized a Method 303 panel member for some
require the determination of opacity (see Section 10.1.3) along with their emission points, but not others (e.g., an
levels; therefore, observer certification qualifications. individual might satisfy the experience
according to Method 9 in appendix A to (8) An example certificate of requirement for coke oven doors, but
part 60 of this chapter is not required to successful course completion. not topside port lids). Until November
obtain certification under this method. 10.1.1 A trainee must verify 15, 1994, the EPA may waive the
However, in order to receive Method completion of at least 12 hours of field certification requirement (but not the
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303 observer certification, the first-time observation prior to attending the experience requirement) for panel
observer (trainee) shall have attended Method 303 certification course. members. The composition of the panel
the lecture portion of the Method 9 Trainees shall observe the operation of shall be approved by the EPA.
certification course. In addition, the a coke oven battery as it pertains to The panel shall observe the trainee in
trainee shall successfully complete the Method 303, including topside a series of training runs and a series of
Method 303 training course, satisfy the operations, and shall also practice certification runs. There shall be a
field observation requirement, and conducting Method 303 or similar minimum of 1 training run for doors,
demonstrate adequate performance and methods. During the field observations, topside port lids, and offtake systems,
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and a minimum of 5 training runs (i.e., 10.1.7 Failure by the training 3. June 15, 2016, 1:30 p.m. to 4:30
5 charges) for charging. During training provider to submit example training p.m. EST, Washington, DC.
runs, the panel can advise the trainee on course materials and/or requested See the SUPPLEMENTARY INFORMATION
proper procedures. There shall be a training records to the Administrator section for additional relevant dates.
minimum of 3 certification runs for may result in suspension of the ADDRESSES: Expressions of interest may
doors, topside port lids, and offtake approval of the provider and course. be submitted by any of the following
systems, and a minimum of 15 10.2 Observer Certification/ methods:
certification runs for charging (i.e., 15 Recertification. The coke oven observer Email: lscrulemaking@lsc.gov. Include
charges). The certification runs shall be certification is valid for 1 year. The ‘‘1630/PAMM Workshops’’ in the
unassisted. Following the certification observer shall recertify annually by subject line of the message.
test runs, the panel shall approve or reviewing the training material, viewing Fax: 202–337–6519.
disapprove certification based on the the training video and answering all of Mail: Stefanie K. Davis, Assistant
trainee’s performance during the the questions on the recertification test General Counsel, Legal Services
certification runs. To obtain correctly. Every 3 years, an observer Corporation, 3333 K St. NW.,
certification, the trainee shall shall be required to pass the proficiency Washington, DC 20007.
demonstrate to the satisfaction of the test in Section 10.1.3 in order to be Hand Delivery/Courier: Stefanie K.
panel a high degree of proficiency in certified. The years between proficiency Davis, Assistant General Counsel, Legal
performing Method 303. To aid in tests are referred to as interim years. Services Corporation, 3333 K St. NW.,
evaluating the trainee’s performance, a Washington, DC 20007.
* * * * * Instructions: All submissions must
checklist, approved by the EPA, will be [FR Doc. 2016–03758 Filed 2–24–16; 8:45 am]
used by the panel members. include the subject ‘‘1630/PAMM
BILLING CODE 6560–50–P Workshops. For detailed instructions on
10.1.4 Those successfully
completing the initial certification or submitting expressions of interest in
third-year recertification requirements participating as a panelist in the
shall receive a certificate showing LEGAL SERVICES CORPORATION Workshops or on submitting comments
certification as a Method 303 observer about the topics to be discussed in the
and the beginning and ending dates of 45 CFR Part 1630 Workshops, please see Sections VI. and
the certification period. VII. of the SUPPLEMENTARY INFORMATION
10.1.5 The training provider will Cost Standards and Procedures; section.
submit to the EPA or its designee the Property Acquisition and Management FOR FURTHER INFORMATION CONTACT:
following information for each trainee Manual Stefanie K. Davis, Assistant General
successfully completing initial Counsel, Legal Services Corporation,
AGENCY: Legal Services Corporation.
certification or third-year recertification 3333 K St. NW., Washington, DC 20007;
training: Name, employer, address, ACTION: Notice of rulemaking (202) 295–1563 (phone); 202–337–6519
telephone, cell and/or fax numbers, workshops, request for expressions of (fax); or sdavis@lsc.gov.
email address, beginning and ending interest in participating in the SUPPLEMENTARY INFORMATION:
dates of certification, and whether rulemaking workshops, initiation of
training was for 3-year certification or 1- open comment period. I. Background
year recertification. This information On July 16, 2015, LSC management
SUMMARY: The Operations and (Management) presented the Committee
must be submitted within 30 days of the
Regulations Committee (Committee) of with a Justification Memorandum
course completion.
10.1.6 The training provider will the Board of Directors for the Legal recommending publication of an
maintain the following records, to be Services Corporation (LSC) is advance notice of proposed rulemaking
made available to EPA or its designee on conducting three rulemaking workshops (ANPRM) to seek public comment on
request (within 30 days of a request): (Workshops) and is requesting public possible revisions to 45 CFR part 1630—
(a) A file for each Method 303 comments on revising LSC’s Cost Cost Standards and Procedures, and
observer containing the signed Standards and Procedures rule, 45 CFR LSC’s Property Acquisition and
certification checklists, certification part 1630, and LSC’s Property Management Manual (PAMM).
forms and test results for their initial Acquisition and Management Manual Management stated that collecting input
certification, and any subsequent third- (PAMM). The discussions in the from LSC funding recipients through an
year recertifications. Initial certification Workshops and the other comments ANPRM would aid LSC significantly in
records must also include received will be considered in determining the scope of the rulemaking
documentation showing successful connection with rulemaking by LSC. and in developing a more accurate
completion of the training prerequisites. LSC is soliciting expressions of interest understanding of the potential costs and
Testing results from any interim in participating as a panelist in the benefits of certain revisions. The
recertifications must also be included, Workshops from LSC grantees and other Committee voted to recommend that the
along with any relevant interested stakeholders with relevant Board approve Management’s
communications. experience, such as other funders of recommendation and authorize LSC to
(b) A searchable master electronic civil legal aid programs. open rulemaking for Part 1630 and the
database of all persons for whom initial DATES: Expressions of interest in PAMM. On July 18, 2015, the LSC Board
certification, third-year recertification or participating in the Rulemaking authorized rulemaking and approved
rmajette on DSK2TPTVN1PROD with PROPOSALS
interim recertification has been Workshops for Part 1630 and the PAMM the preparation of an ANPRM to revise
provided. Information contained therein must be received by 5:30 p.m. EST on Part 1630 and the PAMM. On October
must include: The observer’s name, March 17, 2016. The dates of the 9, 2015, LSC published an ANPRM
employer, address, telephone, cell and Workshops are: seeking public comment on the
fax numbers and email address, along 1. April 20, 2016, 1:30 p.m. to 4:30 proposed changes to Part 1630 and the
with the beginning and ending dates for p.m. EST, Washington, DC. PAMM. 80 FR 61142, Oct. 9, 2015. The
each successfully completed initial, 2. May 18, 2016, 1:30 p.m. to 4:30 comment period closed on December 8,
third-year and interim recertification. p.m. EST, Washington, DC. 2015.
VerDate Sep<11>2014 13:27 Feb 24, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\25FEP1.SGM 25FEP1](https://thefederalregister.org/doc/81_FR_9444/page/4.svg)
Document Created: 2018-02-02 14:35:14
Document Modified: 2018-02-02 14:35:14
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received by March 28, 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 9407 | |
| RIN Number | 2060-AR97 | |
| CFR Associated | Environmental Protection; Air Pollution Control and Test Methods |
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