[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]
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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.
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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]
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