Preparation, Adoption, and Submittal of State Implementation Plans: List of Qualified Coke Oven Panel Members

Federal RegisterDec 22, 1994

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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5122-7]

Preparation, Adoption, and Submittal of State Implementation

Plans: List of Qualified Coke Oven Panel Members

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On March 15, 1994, the EPA proposed the list of experienced

coke oven inspectors who will serve as panel members during the

certification of coke oven observers\1\. The purpose of proposing and

promulgating the list is to set forth the list of experienced coke oven

inspectors who will serve as panel members during the certification of

coke oven observers. This action also informed the public that these

people have demonstrated to the Agency that they satisfy the minimum

experience requirements, established in Method 303 of Appendix A of

Part 63, and gave the public the opportunity to examine the panel

members' qualifications and to comment. Additional panel members may be

added in the future in accordance with implementation needs. Any

additions of certified and qualified inspectors to the panel will be

made without promulgation, which was necessary only to establish this

initial panel.

\1\The proposed list was published at 59 FR 11960 in the

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proposed rules section of the Federal Register.

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EFFECTIVE DATE: December 22, 1994.

FOR FURTHER INFORMATION CONTACT: For further information or

documentation concerning the proposed rule, contact Mr. Roy Huntley, or

Mr. Peter Westlin, Emission Measurement Branch (MD-19), Technical

Support Division, U.S. Environmental Protection Agency, Research

Triangle Park, North Carolina 27711, (919) 541-1060.

SUPPLEMENTARY INFORMATION: On October 27, 1993, the EPA promulgated the

coke oven National Emission Standards for Hazardous Air Pollutants,

which limits the number of visible leaks from coke oven doors, topside

ports, and offtake systems, and the amount of time of visible emissions

from the charging operation. Also promulgated at that time was Method

303 (40 CFR, part 63, appendix A), which sets forth the procedures an

observer shall follow to determine compliance with the coke oven

standards. In order to implement the coke oven rule, coke oven

inspectors must be certified by an EPA recognized panel in accordance

with the procedures set forth in section 2 of Method 303. The Method

303 certification training for each trainee concludes with a

determination by a three-member panel as to the trainee's ability to

conduct Method 303 satisfactorily. The Agency developed a certification

course for coke oven inspectors and, as part of this effort, the Agency

selected a group of experienced individuals to act as panel members.

With today's action, the Agency finalizes an initial list of

experienced coke oven inspectors who will serve as panel members during

the certification of coke oven observers. Additional panel members may

be added in the future in accordance with implementation needs. Any

additions of certified and qualified inspectors to the panel will be

made without promulgation, which was only necessary to establish this

initial panel.

Summary of Significant Comments and Associated Changes

One verbal comment was received from EPA Region V. The commenter

stated that one of the panel members, Mr. Basim Dihu of EPA, had the

experience to be a panel member for all of the emission points covered

in the coke oven NESHAP, i.e., doors, lids, offtakes, and charging. The

proposal indicated that Mr. Dihu was qualified to be a panel member

only for door observations.

The commenter is correct. Mr. Dihu's qualifications meet the

Agency's criteria. The restrictions in the proposed list have been

removed in the final list, and Mr. Dihu is now considered by the Agency

to be a qualified panel member and able to act as such in the Method

303 certification course.

I. Administrative Requirements

A. Executive Order 12291

Under Executive Order 12291, EPA must judge whether a regulation is

``major'' and therefore subject to the requirement of a Regulatory

Impact Analysis (RIA).

This action does not require any revision to existing State

implementation plans (SIP's) or changes to any SIP regulation. This

action is not a major rule because it will neither have an effect on

the economy of $100 million or more, nor will it result in an increase

in costs or prices to industry. There will be no adverse impact on the

ability of U.S.-based enterprises to compete with foreign-based

enterprises in domestic or export markets. Because this action is not a

major regulation, no RIA is being conducted.

B. Executive Order 12866

Under Executive Order 12866, [58 FR 51735 (October 4, 1993)] the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to OMB review and the requirements of the

Executive Order. The Order defines ``significant regulatory action'' as

one that is likely to result in a rule that may:

(1) have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) materially alter the budget impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

OMB had exempted this regulatory action from E.O. 12866 review.

C. Paperwork Reduction Act

The Office of Management and Budget (OMB) has approved the

information collection requirements for the Coke Oven Battery National

Emission Standards under the provisions of the Paperwork Reduction Act,

44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0253.

This proposed action does not add any additional requirements to those

already approved.

D. Regulatory Flexibility Act Compliance

Pursuant to section 605(b) of the Regulatory Flexibility Act, 5

U.S.C. 605(b), the Administrator certifies that this rule will not have

a significant economic impact on a substantial number of small

entities, because the publication of this list does not significantly

change the status quo for such entities. This regulation therefore does

not require an RFA.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Coke oven

emissions, Hazardous substances, Reporting and recordkeeping

requirements.

Dated: December 8, 1994.

Carol M. Browner,

Administrator.

Table 1.--Panel Members

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Name Affiliation

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Basim Dihu....................... US EPA, Central District Office, 77

West Jackson Blvd, Chicago, IL 60604-

3590.

William Klettner................. US EPA Wheeling Office, 303 Methodist

Building/3ES12, 11th & Chapline

Streets, Wheeling, WV 26003.

Ron Mordosky..................... Pennsylvania Dept. of Environmental

Resources, 4530 Bath Pike,

Bethlehem, PA 18017.

Robert Simmons................... Indiana Department of Environmental

Management, Gainer Bank Building/Rm

418, 504 N. Broadway, Gary, IN

46402.

Mark Hughes...................... Allegheny County Health, Dept. Bureau

of Air Pollution Control, 301-30

Ninth St., Pittsburgh, PA 15201.

Bernie Clark..................... Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Rich Casselberry................. Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Beryl Denne...................... Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Frank Georgakis.................. Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Robert Gori...................... Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Linda McCracken.................. Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244

Gordon Lawson.................... Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Terry Redenbaugh................. Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Cindy Rogers..................... Independent consultant.

Elmer Spiker..................... Chester Environmental, P O Box 15777,

Pittsburgh, PA 15244.

Ed Peterson...................... Mostardi-Platt & Associates, 945