```

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9350-9353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03757]

-----------------------------------------------------------------------

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 Once submitted, comments cannot be edited or withdrawn.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: garnett.kim@epa.gov.

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
```