Compliance Assurance Monitoring Rule

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]

BILLING CODE 6560-50-P