[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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