[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30873]
[[Page Unknown]]
[Federal Register: December 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
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...................... Independent consultant, P O Box 2752,
Union City, PA 16438.
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[FR Doc. 94-30873 Filed 12-21-94; 8:45 am]
BILLING CODE 6560-50-P
