Clarification of Requirements for Method 303 Certification Training, 83701-83704 [2016-28097]
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Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations
§§ 842.120 and 842.121
[Removed]
ENVIRONMENTAL PROTECTION
AGENCY
101. Remove newly redesignated
§§ 842.120 and 842.121.
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40 CFR Part 63
§§ 842.122 through 842.124 [Redesignated
as §§ 842.120 through 842.122]
102. Newly redesignated §§ 842.122
through 842.124 are further
redesignated as §§ 842.120 through
842.122, respectively.
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RIN 2060–AR97
Clarification of Requirements for
Method 303 Certification Training
Subpart Q—[Redesignated as Subpart
O]
103. Redesignate subpart Q, consisting
of §§ 842.144 through 842.150, as
subpart O, consisting of §§ 842.123
through 842.129.
■ 104. Revise newly redesignated
§ 842.123 to read as follows:
■
§ 842.123
Scope of this subpart.
This subpart tells how to make an
advance payment before a claim is filed
or finalized under the Military Claims,
Foreign Claims and National Guard
Claims Acts.
■ 105. In newly redesignated § 842.124,
revise paragraph (c)(4) to read as
follows:
§ 842.124
Delegation of authority.
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(4) SJAs of the Air Force component
commander of the U.S. geographic
combatant commands for claims arising
within their respective combatant
command areas of responsibility.
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■ 106. In newly redesignated § 842.126,
revise paragraph (b) to read as follows:
§ 842.126
When authorized.
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(b) The potential claimant has an
immediate need amounting to a
hardship for food, shelter, medical or
burial expenses, or other necessities. In
the case of a commercial enterprise,
severe financial loss or bankruptcy will
result if the Air Force does not make an
advance payment.
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Henry Williams,
Acting Air Force Federal Liaison Officer.
[FR Doc. 2016–25554 Filed 11–21–16; 8:45 am]
BILLING CODE 5001–10–P
[EPA–HQ–OAR–2014–0492; FRL–9955–50–
OAR]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing revisions 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 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 revisions will help
entities interested in conducting the
required training courses by clearly
defining the requirements necessary to
do so.
DATES: The final rule is effective on
December 22, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2014–0492. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
SUMMARY:
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
B. What action is the agency taking?
C. Judicial Review
II. Background
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III. Changes Included in the Final Method
303 Clarification
IV. Summary of Major Comments and
Responses
A. Technology Improvement
B. Training Requirements
V. 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 (NTTAA)
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. 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.
B. What action is the agency taking?
This final 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.
C. Judicial Review
Under section 307(b)(1) of the Clean
Air Act (CAA), judicial review of this
final rule is available by filing a petition
for review in the United States Court of
Appeals for the District of Columbia
Circuit by January 23, 2017. Under
section 307(d)(7)(B) of the CAA, only an
objection to this 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 final rule may not be
challenged later in civil or criminal
proceedings brought by the EPA to
enforce these requirements.
II. Background
On October 27, 1993, we published
Method 303 for determining VE from
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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. The EPA proposed these
clarifications on February 25, 2016 (81
FR 9407). We received public comments
from two individuals.
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III. Changes Included in the Final
Method 303 Clarification
Method 303 section 10.1 (40 CFR part
63, appendix B) presently states that
‘‘The Method 303 course shall be
conducted by or under the sanction of
the EPA and shall consist of classroom
instruction, field observation, and a
proficiency test. . . .’’ We are amending
this language by removing the statement
indicating that these courses be
conducted by or under the sanction of
the EPA. Instead, Administratorapproved 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.
IV. Comments and Responses
comment is beyond the scope of the
present action. This action does not
involve the merits of Method 303, but
rather training requirements in order for
observers to be qualified to conduct
Method 303 testing. No change to the
rule was made in response to this
comment.
B. Training Requirements
The first commenter, also, stated that
the quality of third-party Method 9
lectures is simply not good enough to
ensure that any level of training is
achieved, and seems to suggest that the
Method 9 lecture is the only training
involved. While attending the lecture
portion of Method 9 is a prerequisite to
receiving Method 303 certification, this
requirement is to ensure individuals
have a basic understanding of opacity
measurement. It is not the sole training
requirement. For example, the trainee
must successfully complete the Method
303 training course, satisfy the field
observation requirement, and
demonstrate adequate performance and
sufficient knowledge of Method 303 (see
section 10.1). A trainee must also verify
completion of at least 12 hours of field
observation prior to attending the
Method 303 certification course (see
section 10.1.1). There are numerous
other requirements as well. Therefore,
the EPA believes an approved Method
303 training course will be
comprehensive enough to assure that
individuals who receive certification to
determine VE from coke oven battery
sources are proficient regardless of any
perceived inadequacy of Method 9
lectures. No change to the rule was
made in response to this comment.
The second commenter expressed
concerns over the possible use of ad hoc
panel members, stating these panel
members may have inconsistent
interpretations of Method 303 and
different inspection practices at the
plants. The EPA agrees with the
comment regarding the make-up of the
certification panel, and is amending the
Method 303 rule language in section
10.1.3 to specify that the composition of
the panel will be approved by the
Administrator as part of the training
course approval process. During this
approval process, the experience of each
panel member will be reviewed in order
to ensure consistency.
A. Technology Improvement
The first commenter suggested that
the EPA should require the inspector to
utilize digital imagery to document the
visible emission observation. This
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V. 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.
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 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.
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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 rulemaking does not involve
technical standards.
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
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2. In Appendix A, amend Method 303:
a. In section 5.0 by revising paragraph
5.2; and
■ b. In section 10.0 by:
■ i. Revising paragraphs 10.1, 10.1.1,
10.1.2, and 10.1.3;
■ ii. Adding paragraphs 10.1.4, 10.1.5,
10.1.6, and 10.1.7; and
■ iii. Revising paragraph 10.2.
The revisions and additions read as
follows.
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Method 303—Determination of Visible
Emissions From By-Product Coke Oven
Batteries
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This action
would make corrections and updates to
an existing protocol for assessing the
precision and accuracy of alternative
test methods to ensure they are
comparable to the methods otherwise
required; thus, it does not modify or
affect the impacts to human health or
the environment of any standards for
which it may be used.
K. Congressional Review Act
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For the reasons stated in the
preamble, the EPA is amending title 40,
chapter I of the Code of Federal
Regulations as follows:
Appendix A to Part 63—Test Methods
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
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
January 23, 2017.
Jkt 241001
Dated: November 8, 2016.
Gina McCarthy,
Administrator.
Authority: 42 U.S.C. 7401 et seq.
I. National Technology Transfer and
Advancement Act (NTTAA)
16:34 Nov 21, 2016
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Test methods.
■
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This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
VerDate Sep<11>2014
Clarification of Requirements for
Method 303 Certification Training
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Safety
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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.
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10.0
Calibration and Standardization
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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
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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, 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 at: https://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) thirdyear 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
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observers, including an ability to differentiate
coke oven emissions from condensing water
vapor and smoldering coal. The composition
of the panel must be approved by the
Administrator as part of the training course
approval process. 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,
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address, telephone, cell and/or fax numbers,
email address, beginning and ending dates of
certification, and whether training was for 3year 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. 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.
40 CFR Part 180
good agricultural practices. MacIntosh
and Associates, Inc. (on behalf of
AgBiTech Pty Ltd.) submitted a petition
to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting
an exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
Spodoptera frugiperda multiple
nucleopolyhedrovirus strain 3AP2
under FFDCA.
DATES: This regulation is effective
November 22, 2016. Objections and
requests for hearings must be received
on or before January 23, 2017, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0488, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
[EPA–HQ–OPP–2015–0488; FRL–9953–40]
I. General Information
Spodoptera frugiperda Multiple
Nucleopolyhedrovirus Strain 3AP2;
Exemption From the Requirement of a
Tolerance
A. Does this action apply to me?
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[FR Doc. 2016–28097 Filed 11–21–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Spodoptera
frugiperda multiple
nucleopolyhedrovirus strain 3AP2 in or
on all food commodities when used in
accordance with label directions and
SUMMARY:
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You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
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Agencies
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83701-83704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28097]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2014-0492; FRL-9955-50-OAR]
RIN 2060-AR97
Clarification of Requirements for Method 303 Certification
Training
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions 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 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 revisions will help entities interested in conducting the
required training courses by clearly defining the requirements
necessary to do so.
DATES: The final rule is effective on December 22, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2014-0492. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
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:
I. General Information
A. Does this action apply to me?
B. What action is the agency taking?
C. Judicial Review
II. Background
III. Changes Included in the Final Method 303 Clarification
IV. Summary of Major Comments and Responses
A. Technology Improvement
B. Training Requirements
V. 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 (NTTAA)
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. 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.
B. What action is the agency taking?
This final 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.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available by filing a petition for review in the
United States Court of Appeals for the District of Columbia Circuit by
January 23, 2017. Under section 307(d)(7)(B) of the CAA, only an
objection to this 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 final rule may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
II. Background
On October 27, 1993, we published Method 303 for determining VE
from
[[Page 83702]]
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. The EPA proposed these
clarifications on February 25, 2016 (81 FR 9407). We received public
comments from two individuals.
III. Changes Included in the Final Method 303 Clarification
Method 303 section 10.1 (40 CFR part 63, appendix B) presently
states that ``The Method 303 course shall be conducted by or under the
sanction of the EPA and shall consist of classroom instruction, field
observation, and a proficiency test. . . .'' We are amending this
language by 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.
IV. Comments and Responses
A. Technology Improvement
The first commenter suggested that the EPA should require the
inspector to utilize digital imagery to document the visible emission
observation. This comment is beyond the scope of the present action.
This action does not involve the merits of Method 303, but rather
training requirements in order for observers to be qualified to conduct
Method 303 testing. No change to the rule was made in response to this
comment.
B. Training Requirements
The first commenter, also, stated that the quality of third-party
Method 9 lectures is simply not good enough to ensure that any level of
training is achieved, and seems to suggest that the Method 9 lecture is
the only training involved. While attending the lecture portion of
Method 9 is a prerequisite to receiving Method 303 certification, this
requirement is to ensure individuals have a basic understanding of
opacity measurement. It is not the sole training requirement. For
example, the trainee must successfully complete the Method 303 training
course, satisfy the field observation requirement, and demonstrate
adequate performance and sufficient knowledge of Method 303 (see
section 10.1). A trainee must also verify completion of at least 12
hours of field observation prior to attending the Method 303
certification course (see section 10.1.1). There are numerous other
requirements as well. Therefore, the EPA believes an approved Method
303 training course will be comprehensive enough to assure that
individuals who receive certification to determine VE from coke oven
battery sources are proficient regardless of any perceived inadequacy
of Method 9 lectures. No change to the rule was made in response to
this comment.
The second commenter expressed concerns over the possible use of ad
hoc panel members, stating these panel members may have inconsistent
interpretations of Method 303 and different inspection practices at the
plants. The EPA agrees with the comment regarding the make-up of the
certification panel, and is amending the Method 303 rule language in
section 10.1.3 to specify that the composition of the panel will be
approved by the Administrator as part of the training course approval
process. During this approval process, the experience of each panel
member will be reviewed in order to ensure consistency.
V. 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.
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 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.
[[Page 83703]]
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 that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action would make
corrections and updates to an existing protocol for assessing the
precision and accuracy of alternative test methods to ensure they are
comparable to the methods otherwise required; thus, it does not modify
or affect the impacts to human health or the environment of any
standards for which it may be used.
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 January 23, 2017.
Clarification of Requirements for Method 303 Certification Training
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Test methods.
Dated: November 8, 2016.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, the EPA is amending title
40, chapter I of the Code of Federal Regulations as follows:
PART 63--[AMENDED]
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1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. In Appendix A, amend Method 303:
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a. In section 5.0 by revising paragraph 5.2; and
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b. In section 10.0 by:
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i. Revising paragraphs 10.1, 10.1.1, 10.1.2, and 10.1.3;
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ii. Adding paragraphs 10.1.4, 10.1.5, 10.1.6, and 10.1.7; and
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iii. Revising paragraph 10.2.
The revisions and additions read as follows.
Appendix A to Part 63--Test Methods
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Method 303--Determination of Visible Emissions From By-Product Coke
Oven Batteries
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5.0 Safety
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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, 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 at: https://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
[[Page 83704]]
observers, including an ability to differentiate coke oven emissions
from condensing water vapor and smoldering coal. The composition of
the panel must be approved by the Administrator as part of the
training course approval process. 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. 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.
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[FR Doc. 2016-28097 Filed 11-21-16; 8:45 am]
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