[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Proposed Rules]
[Pages 27943-27944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13137]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5212-3]

40 CFR Parts 51, 52, 60, 61, and 64


Enhanced Monitoring Rule

agency: Environmental Protection Agency.

action: Proposed rule; notice of public meeting.

-----------------------------------------------------------------------

summary: Notice is hereby given that EPA will hold a public meeting on 
May 31, 1995 to discuss EPA's proposed enhanced monitoring rule and 
potential approaches to restructuring this rulemaking. On October 22, 
1993 (58 FR 54648), EPA published a notice of proposed rulemaking that 
contained proposed rules to govern a new enhanced monitoring program 
under section 114(a)(3) and related provisions of the Clean Air Act. 58 
FR 54648. In light of the President's concerns regarding flexibility 
and cost-effectiveness, EPA believes that it may be inappropriate to 
take final action on the rule as proposed. Moreover, EPA believes that 
it can develop a more cost-effective method of enhanced monitoring that 
will also meet the statutory requirement of section 114(a)(3). The 
Agency will use this meeting to obtain the views of interested parties 
before taking further action in connection with this rulemaking.

dates: This public meeting will be held on May 31, 1995 from 8:30 a.m. 
to 4:30 p.m. at the address set forth below.

addresses: Meeing location: The public meeting will be held at the 
DuPont Plaza Hotel, 1550 New Hampshire Avenue, Washington, DC 20036, 
telephone 202-483-6000. Supporting Documents: Documents related to 
discussions will be available at the meeting and in the docket 
discussed below. Subsequent to the meeting, these documents and a 
summary of the meeting will be available on the Technology Transfer 
Network, Emission Measurement Technical Information Center Electronic 
Bulletin Board, telephone 919-541-5742, Internet address TELNET 
ttnbbs.rtpnc.epa.gov. Docket: The Agency has established EPA Air Docket 
A-91-52 for this rulemaking. 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, SW, Washington, DC 
20460.

for further information contact: Robin Segall, Office of Air Quality 
Planning and Standards, 919-541-0893.

supplementary information: On May 1, 1995, 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. EPA advised the court 
that during this 60-day period, EPA will determine the best means to 
accomplish the substantive goals of the enhanced monitoring 
requirements of the Clean Air Act in a cost-effective manner. EPA also 
advised the court that it anticipates that it will need a substantially 
longer extension beyond June 30, 1995, in order to promulgate rules 
embodying a new approach to enhanced monitoring.
    The Agency plans to take a fresh look at enhanced monitoring in 
light of the President's 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. EPA had prepared a draft notice of final rulemaking 
based [[Page 27944]] upon the proposed enhanced monitoring rule and 
submitted it to the Office of Management and budget for interagency 
review under Executive Order 12866. However, in order to provide an 
opportunity to reevaluate this rulemaking, on April 4, 1995, the 
Environmental Protection Agency withdrew the draft final enhanced 
monitoring rule from further review by the Office of Management and 
Budget. In addition, the Agency has withdrawn 13 proposed example 
enhanced monitoring protocols that had been placed upon the Technology 
Transfer Network in anticipation of promulgation of final enhanced 
monitoring rules, in order to avoid confusion.
    One of the first steps the Agency is taking in considering a 
possible restructured rule is to hold the public meeting on May 31, 
1995. At this meeting the Agency will continue to work with 
representatives from industry, State and local agencies, and 
environmental groups in developing a rule that meets the objectives of 
the President's Environmental Regulation Reinvention effort. The 
meeting will include a number of representative stakeholders that will 
sit at the main meeting table by invitation. The number of stakeholders 
who will sit at the table will be limited to 40; the Agency has invited 
a broad representation of industry, State and local agencies, and 
environmental organizations to sit at the table. Additional seating at 
the meeting will be on a first come, first served basis. It is 
important to note that the Agency is seeking the opinions of all 
individuals/organizations present and not seeking consensus. There will 
be opportunities for all parties present to offer their views.
    The purpose of the meeting will be to explain the Agency's 
underlying principles and to solicit opinions from stakeholders for 
formulation of new approaches to enhanced monitoring rules. One 
approach being considered would be to issue a revised proposed rule in 
the from of a Compliance Assurance Monitoring (CAM) Rule that would 
focus on improving current operation and maintenance (O&M) monitoring 
requirements. An enhanced O&M monitoring protocol 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 is also 
considering combining the periodic monitoring requirements in 40 CFR 
part 70 with this CAM rule so that all compliance-related monitoring 
requirements would be integrated in one set of requirements. To 
facilitate that approach, EPA also will consider the option of using 
any proposed CAM rule (or publicly released draft of the rule) as 
interim Agency guidance for implementation of the current periodic 
monitoring provisions of part 70. EPA will also consider other 
approaches as part of this review.

    Dated: May 22, 1995.
Mary D. Nichols,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 95-13137 Filed 5-25-95; 8:45 am]
BILLING CODE 6560-50-M