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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-4850-1]

Preparation, Adoption, and Submittal of State Implementation

Plans: List of Qualified Coke Oven Panel Members

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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SUMMARY: 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 is developing a certification course for

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

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

With today's action, the Agency sets forth the list of experienced coke

oven inspectors who will serve as panel members during the

certification of coke oven observers and informs the public that these

people have demonstrated to the Agency that they satisfy the minimum

experience requirements of 120 days of experience in reading coke oven

emissions. 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.

DATES: Comments: Comments must be received on or before May 16, 1994.

Public Hearing. If anyone contacts EPA requesting to speak at a

public hearing by April 15, 1994, a public hearing will be held on

April 14, 1994, beginning at 10 a.m. Persons interested in attending

the hearing should contact Ms. Shelby Journigan at (919) 541-5543 to

verify that a hearing will be held. If a hearing is held, a verbatim

transcript will be placed in the docket.

Request to Speak at Hearing. Persons wishing to present oral

testimony must contact EPA by April 5, 1994, contact Ms. Shelby

Journigan at (919) 541-5543.

ADDRESSES: Comments. Comments should be submitted (in duplicate if

possible) to: Air Docket Section (LE-131), Attention, Docket No.

________, U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

Public Hearing. If anyone contacts EPA requesting a public hearing,

it will be held at EPA's Emission Measurement Laboratory Building,

Research Triangle Park, North Carolina. Persons interested in attending

the hearing or wishing to present oral testimony should notify Ms.

Shelby Journigan, Emission Measurement Branch (MD-19), U.S.

Environmental Protection Agency, Research Triangle Park, North Carolina

27711, telephone number (919) 541-5543.

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.

SUPPLEMENTARY INFORMATION: In development of the coke oven emissions

rule, EPA used formal regulatory negotiations, where parties negotiate

and sign a formal agreement that becomes the basis for EPA's proposed

rule.

The Coke Ovens Regulatory Negotiation Committee, which was formed

to negotiate the coke oven NESHAP, was comprised of several interested

parties: environmental groups such as the National Resources Defense

Council and Group Against Smog and Pollution, industry associations

such as American Iron and Steel Institute and American Coke and Coal

Chemicals Institute, representatives from the Steel Workers' Union, and

State and local agencies, as well as the EPA. The final coke oven rule

reflects the agreements reached by this Committee.

During negotiations, the Committee agreed that the coke oven

observers must be certified. As part of the certification process, each

observer must demonstrate to the satisfaction of a three-member panel

of experienced individuals, a high degree of proficiency in performing

Method 303.

After the agreement was signed by the committee on October 28,

1992, EPA began selecting the panel members by searching for people

with the required experience. The qualifications for the panel members

are in section 2.1.3 of Method 303 of appendix A at 40 CFR, part 63,

and reads as follows: ``Each panel member shall have at least 120 days

experience in reading visible emissions from coke ovens.''

Representatives from industry and EPA reached a common understanding of

the qualifications for panel members. A list developed by EPA of 23

prospective panel members was submitted to industry representatives for

review. On March 30, 1993, a training course for the prospective panel

was held in Chicago, Illinois. Of the 23 participants, 21 successfully

completed the training course and, subsequently, were able to provide

the Agency with sufficient documentation. These 21 people are now

considered by the Agency as qualified panel members and able to act as

such in the Method 303 certification course.

Concurrent with these events, EPA decided to propose and promulgate

the list to give the public an opportunity to examine and comment on

the panel members' qualifications.

I. Administrative Requirements

A. 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, of 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 budgetary 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 has exempted this regulatory action from E.O. 12866 review.

B. 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 rule does not add any additional requirements to those

already approved.

The public reporting and recording keeping burden for the Coke Oven

Battery National Emission Standards collection of information is

estimated to average 2,461 hours per respondent per year. This includes

time for reviewing instructions, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing

the collection of information.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden, to Chief, Information Policy Branch (2136); U.S. Environmental

Protection Agency; 401 M St.; Washington, DC 20460; and to the Office

of Information and Regulatory Affairs, Office of Management and Budget,

Washington, DC 205503, marked ``Attention: Desk Officer for EPA.''

C. Regulatory Flexibility Act Compliance

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),

whenever an agency is required to publish a general notice of

rulemaking for any proposed or final rule, it must prepare and make

available for public comment a Regulatory Flexibility Analysis (RFA)

which requires EPA to consider potential impacts of proposed

regulations on small entities (i.e., small businesses, small

organizations, and small governmental jurisdictions). The Administrator

may certify, however, that the rule will not have a significant

economic impact on a substantial number of small entities.

This list will have no adverse economic impact on small entities.

Since this proposal does not significantly change the status quo for

such entities, I hereby certify that this regulation will not have a

significant economic impact on a substantial number of small 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: March 7, 1994.

Carol M. Browner,

Administrator.

Table 1.--Panel Members

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Name Affiliation

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Basim Dihu (Doors Only).. U.S. EPA, Central District Office, 77 West

Jackson Blvd., Chicago, IL 60604-3590.

William Klettner......... U.S. 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............. Independant consultant.

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

Pittsburgh, PA 15244.

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

Avenue, Elmherst, IL 60126.

John Simpson............. Mostardi-Platt & Associates, 945 Oaklawn

Avenue, Elmherst, IL 60126.

Richard Somers........... Mostardi-Platt & Associates, 945 Oaklawn

Avenue, Elmherst, IL 60126.

Bob Trezak............... Mostardi-Platt & Associates, 945 Oaklawn

Avenue, Elmherst, IL 60126.

Scott Trezak............. Mostardi-Platt & Associates, 945 Oaklawn

Avenue, Elmherst, IL 60126.

Jim Fanning.............. Independant Consultant, P.O. Box 2752, Union

City, PA 16438.

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[FR Doc. 94-5994 Filed 3-14-94; 8:45 am]

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