[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Proposed Rules]
[Pages 48679-48680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23431]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5300-1]
40 CFR Parts 64 and 70
Compliance Assurance Monitoring Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of public meeting; notice of document availability.
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SUMMARY: On October 22, 1993, the EPA published a notice of proposed
rulemaking (58 FR 54648) that contained proposed rules to govern a new
enhanced monitoring program under section 114(a)(3) and related
provisions of the Clean Air Act. In light of the President's concerns
regarding flexibility and cost-effectiveness, the EPA believes that it
may be inappropriate to take final action on the rule as proposed and
has proceeded to develop an alternative approach to meet the statutory
requirement of section 114(a)(3), as well as the periodic monitoring
requirements under section 503(b) of the Clean Air Act; this approach
is called compliance assurance monitoring or CAM.
The EPA is planning to propose regulations on compliance assurance
monitoring in December 1995. These regulations will impose new
monitoring requirements on major stationary sources of air pollution.
Notice is hereby given that the EPA will hold a public meeting on
September 22, 1995 to provide the stakeholders potentially affected by
these regulations with an opportunity to discuss the issues raised by
the regulations in advance of the EPA's formal proposal. This notice
also announces the public availability of a draft regulatory package
for review in advance of the public meeting. In addition, the Agency
will accept written comments on the draft package provided that
comments are received by September 22, 1995.
DATES: Meeting: The public meeting will be held on September 22, 1995
from 8:30 a.m. to 4:30 p.m. at the address set forth below. Comments:
Written comments may be submitted to the docket at the address provided
below until September 22, 1995. Document Availability: The draft
regulatory package will be available in early September 1995 at the
address provided below.
ADDRESSES: Meeting Location: The public meeting will be held at the
Sheraton Inn--University Center, 2800 Middleton Avenue, Durham, North
Carolina 27705, telephone (919) 383-8575. Participants wishing to
arrange for overnight accommodations should advise the hotel that they
are attending the EPA CAM meeting. To assist the EPA in planning the
public meeting, persons interested in attending should contact Ms.
Andrea Lewis, Public Meeting Coordinator, at (804) 979-3700, telefax
(804) 296-2860, Perrin Quarles Associates, Inc., 501 Faulconer Drive,
Suite 2-D, Charlottesville, Virginia
[[Page 48680]]
22903, to give their name and affiliation. Docket: Supporting
information related to this rulemaking, including the draft regulatory
package, is contained in Docket No. A-91-52. This docket is available
for public inspection and copying between 8:00 a.m. and 5:30 p.m.
Monday through Friday, excluding government holidays, and is located
at: EPA Air Docket (LE-131), Room M-1500, Waterside Mall, 401 M Street,
S.W., Washington, D.C. 20460. A reasonable fee may be charged for
copying. Comments: Comments must be mailed (in duplicate) to the docket
at the address provided above. All comments should be marked to the
attention of Docket No. A-91-52. Document Availability: A copy of the
draft regulatory package will be located in the docket at the address
provided above, and will also be available via the Emission Measurement
Technical Information Center Computer Bulletin Board of the EPA's
Technology Transfer Network at (919) 541-5742, Internet address TELNET
ttnbbs.rtpnc.epa.gov, 24 hours a day, 7 days a week (except 8 a.m.-12
a.m. EST). Contact the system operator at (919) 541-5384 if you have
any questions concerning access to the Technology Transfer Network.
FOR FURTHER INFORMATION CONTACT: Robin Segall, Office of Air Quality
Planning and Standards, (919) 541-0893.
SUPPLEMENTARY INFORMATION: On May 1, 1995, the EPA received a 60-day
extension of the court-ordered deadline in Sierra Club v. Browner, No.
93-0564 NHJ (D.D.C.) for final promulgation of enhanced monitoring
rules in order for the Agency to reassess the approach it has developed
and to consider other, alternative approaches. During this 60-day
period, the EPA held an initial stakeholders' meeting and worked with
representatives of industry, State and local agencies, and
environmental groups to formulate a new approach to accomplish the
substantive goals of the periodic monitoring requirements, as well as
the enhanced monitoring requirements of the Clean Air Act, in a cost-
effective manner. On June 30, 1995, the EPA received a further
extension of the court-ordered deadline until July 1, 1996, in order to
propose and, as appropriate, promulgate rules embodying the new
approach to enhanced and periodic monitoring, referred to as compliance
assurance monitoring or CAM.
The CAM approach has been developed in consideration of the
President's regulatory reform efforts to design performance-based
environmental programs that provide industry with the flexibility to
comply in cost-effective ways, while requiring accountability for
achieving results. It focuses on enhancing and supplementing current
operation and maintenance (O&M) monitoring requirements. The compliance
assurance monitoring approach would require that a source owner
document operation and maintenance of a control device or process
operation in accordance with established, reliable operating and
maintenance practices and implement any necessary corrective action to
ensure that emissions have been reduced. The Agency has combined the
enhanced and periodic monitoring requirements of Titles V and VII of
the Clean Air Act Amendments of 1990 in the draft CAM rule so that all
compliance-related monitoring requirements would be integrated in one
set of requirements. The CAM approach also addresses the requirements
for compliance certifications under Titles V and VII of the Clean Air
Act Amendments of 1990. Under the draft CAM proposal, the owner or
operator would certify compliance with (1) the emission limitation or
standard based on the results of applying the determining and
certifying compliance with that emission limitation or standard, and
(2) the associated monitoring, reporting, and record keeping
requirements in the permit that provide an assurance of ongoing
compliance with the emission limitation or standard.
The Agency has now drafted a regulatory proposal package for CAM
and will make it available to the public on or before September 1, 1995
(see ``Document Availability'' above). Following release of this draft,
the Agency will hold a public meeting, as described above, to review
the major elements of the draft regulatory package and to solicit
opinions and suggestions from the stakeholders' on the draft document.
The meeting will include a number of representative stakeholders that
will sit at the main meeting table by invitation; they will include
industry, State and local agencies, and environmental organizations.
Additional seating is available by contacting the Public Meeting
Coordinator listed in the ADDRESSES section above. It is important to
note that the Agency will be seeking the opinions of the individuals/
organizations present and not consensus.
Dated: August 28, 1995.
Peter R. Westlin,
Designated Federal Official.
[FR Doc. 95-23431 Filed 9-18-95; 1:41 pm]
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