Enhanced Monitoring Rule

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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