Page images


Federal Register | Vol. 48, No. 199 | Thursday, October 13. 1983) Notices

Final Environmental Monitoring Plan
AGENCY. U.S. Synthetic Fuels
ACTION: Publication of Find
Environmental Monitoring Guidelines.
SUMMARY. This notice publishes the
Environmental Monitoring Plan
Guidelines (the "Guidelines“) wbich
were adopted in final form on July 28.
1983, by the Board of Directors of the
U.S. Synthetic Fuels Corporation to
carry out the requirements of Section
131(e) of the Energy Security Act, Pub. L
96–294, relating to environmental
monitoring. Loterim Final Guidelines
were published in the Federal Register
on April 1, 1983 (48 FR 14108-14113) and
public commens were solicited at the
time. Comments were received fron
industry, federal state, and local
agencies: Congress; and other
EFFECTIVE DATE July 28, 1983
Steven M. Gotlieb. Director of
Environment, U.S. Synthetic Fuels
Corporation, 2121 K Street, NW,
Washington, D.C. 20588 (202) 822-6310

For Copies of the Guideliner.
Catherine McMillan, Director of Public
Disclosure, U.S. Synthetic Fuels
Corporation, 2121 K Street, NW,
Washington, D.C. 20586. (202) 822-8318
A. Background

Section 131(e) of the Energy Security
Act (Pub. L 98–294. 42 U.S.C. 8701, 8731)
specifies that a Project Sponsor or
Sponsors reveiving financial assistance
from the United States Synthetic Fuels
Corporation (the "Corporation") shall
develop, in consultation with the
Environmental Protection Agency
("EPA"). The Department of Energy
("DOE"). and appropriate state agencies
("Consulting Agencies"), an
Environmental Monitoring Plan ("Plan").
acceptable to the Corporation's Board of
Directors. These Guidelines set forth the
procedural steps to be taken and the
broad substantive areas to be addresed
in development of such Plans and the
Environmental Monitoring Plan Outlines
("Outlines") upon which they are based.

The following section (Section B) discusses the major comments received by the Corporation on its Interim Final Guidelines and the Corporation's responses thereto. Section C describes revisions made to the Interim Final Guidelines by the Corporation based on its own review. i.e., not in response to specific comments received. To the


extent practical, the changes discussed
in each of these two sections are
presented in the order in which they
occur in the Guidelines.
B. Comments Received and Corporation

1. Monitoring required by the
Corporation is redundant to regulatory
requirements. New language has been
added to Sections IV and VU.B of the
Guidelines to clarify that the
Corporation does not seek to impose
redundant monitoring requirements on
the Sponsor. Section IV of the
Guidelines has been amended to
emphasize that the purposes for
including Compliance Monitoring in
Outlines and Plans are to enable the
Corporation to obtain copies of the
monitoring data already being generated
pursuant to a Project's permits and other
governmental approvals as well as to
provide the basis for determining the
appropriate scope of Supplemental
Monitoring (i.e., monitoring specified in
an Ouline or Plan which is not required
by federal, state, and local permits,
approvals, and other regulatory
obligation). Language added to Section
VII.B further emphasizes that the
Corporation does not require any
monitoring activities that are redundant
to those required by a Project's permits,
approvals, or other regulatory

2 Monitoring of socioeconomic and water-use impacis should be required as part of the Monitoring Outlines and Plans. The Corporation has not amended the Guidelines in response to this concem other than to incorporate a minor language change in Section IV to clarify the Corporation's previously stated intention not to require such monitoring in Outlines and Plans but rather to require such monitoring in appropriate cases as part of the Financial Assistance Agreement. The language in Section 131(e) which refers to the monitoring of environmental and bealth-related emissions" does not appear to contemplate that socioeconomic and water consumption monitoring would be required pursuant to this provision, and therefore such monitoring is not included in the Guidelines. However, other provisions of the Energy Security Act (particularly Section 131(b)) provide the Corporation with the authority to require such monitoring outside of the Section 131(e) environmental monitoring process. The Corporation recognizes the importance of such monitoring and will require, by specific terms of the Finanical Assistance Agreements, that the Project Sponsor perform socioeconomic and water consumption monitoring in

appropriate cases to determine Project Guidelines is a limited one for two
related impacts in these areas. While a reasons: (1) Site-specific monitoring will
formal consultation process between the often have applicability to project
Sponsor and the Consulting Agencies on replication for future facilities located in
these matters is not contemplated by the same area or similar environmental
statute, the Corporation intends to settings and, therefore, would be
consult informally with appropriate appropriate as part of the Sponsor's
agency officials on the scope of these Supplemental Monitoring program, and
monitoring requirements.

(2) site-specific monitoring is often
3. An adequate description of the required by permit, federal lease, or
acceptability criteria is not provided. other requirements, and, therefore.
The Guidelines have been amended to would be included in the Compliance
include the specific criteria by which an Monitoring section of the Sponsor's
Outline or a Plan will be judged by the Environmental Monitoring Plan.
Corporation to be acceptable or not

& The monitoring of unit operations acceptable (Section VI). These criteria for which emissions have been well provide specificity to both the Project characterized should not be required. Sponsor and Consulting Agencies

The Guidelines have been amended regarding those items which must be (Section VII.C) so that monitoring of included in acceptable Outlines and emissions will not be required for those Plans.

unit operations (e.g., certain coal 4. The Corporation and the Consulting preparation operations) which are Agencies-or, alternatively, the

common to other industries and for Sponsorshould have the burden of which comprehensive emissions data justifying the need to monitor specific (including data on unregulated unregulated substances and of providing substances of environmental or health threshold values above which these concern) are available. Where a substances must be monitored. No substantial emissions data base already amendment has been made in the

exists, further monitoring would be Guidelines with regard to assigning a

redundant. burden to any of the parties involved in 7. Monitoring of wastes disposed of developing an Outline or Plan requiring off-site should be required. The them to justify the need for specific Guidelines bave been amended to monitoring relating to unregulated require Sponsors to monitor solid or substances. The Corporation expects hazardous wastes to be shipped off-site that during the consultation process the when the receivers of such wastes are Project Sponsor and Consulting

not required to monitor them (Section Agencies will provide justification to VII.D.1). This avoids the situation where one another for proposing to include or potentially bazardous synthetic fuels exclude specific monitoring activities or wastes would not be monitored either at protocols in an Outline or Plan.

the generating or the receiving end, as Ordinarily, these exchanges will be would occur in the case of certain sufficient to enable the Sponsor and synthetic fuels wastes which are Consulting Agencies to resolve most presently exempted from hazardous issues among themselves. Where

waste regulations under the Resource disagreement remains, the Corporation Conservation and Recovery Act. will, based on the justification provided, & A common Worker Registry format review the merits of each party's

should be required or, alternatively. opinion as part of its acceptability Sponsors should be permitted to develop review of an Outine or Plan. The

their own formats. The Guidelines have Corporation feels that this procedure is been amended to direct the Sponsor to sufficient to establish sound monitoring work with the Consulting Agencies to Outlines and Plans without assigning a promote a common Worker Registry formal “burden to any of the parties to format (Section VU.D.3). (DOE, in the process.

particulan will focus on matters relating 8. Site-specific monitoring which is to Worker Registries.) A common not applicable to replication should be Worker Registry format would allow the required. No change has been made in data in the Worker Registries of several the Guidelines' requirements that site Sponsors to be consolidated easily, thus specific monitoring be considered where

increasing the size of the data base and it would yield information relevant to improving the statistical validity of replication (Section VI.C). Language epidemiological studies utilizing the was added to Section VU.D.4 to clarify data. In addition, the Guidelines also that replication refers to development of direct the Sponsor to maintain the synthetic fuels plants in the same Worker Registry for the life of the vicinity or in similar settings. It should Project because it is essential that be noted that the exemption from site occupational bealth and safety data be specific monitoring provided for by the collected and maintained over a period


Federal Register / Vol. 48, No. 199 / Thursday, October 13. 1983 / Notices

of time sufficient to assess the chronic, (Section X). To facilitate release of non Agencies regarding generic issues, i.e. as well as the acute, occupational health confidential information, the

those which are not specific to any and safety impacts resulting from the Corporation will work with each

particular Outline of Plan. Also, such construction and operation of synthetic Sponsor to determine, in advance of agencies can provide (and in some cases fuels facilities

submission of information, generic areas already bave provided) input relating to 9. The reporting requirements are

of information to be generated during project-specific matter to the excessive. The Guidelines (Section LX) monitoring that should not be treated as Consulting Agencies. eliminate the requirement for monthly confidential. Advance determinations The formal mechanism for review of monitoring reports. Requiring monthly will be require Sponsors to make

monitoring data and developing reports would place an unreasonable Information publicly available which is recommendations for modification of burden on the Sponsor relative to the properly designated confidential;

Monitoring Plans is the Monitoring value of obtaining data on a monthly further, a stamp of "confidential" in Review Committee, which is comprised basis. The data summaries required in accordance with an advance

of representatives of the Sponsor, the the Sponsor's quarterly reports will determination will not restrict the

Consulting Agencies, and the provide sufficient detail for developing Corporation from reviewing the

Corporation (Section XI). Other agencies the Corporation's information base. Lo appropriateness of any claim of

and the public can review such data any event, the Corporation will retain confidentiality in accordance with its through access to quarterly and annual the right of access (through terms of the “Guidelines on Disclosure and

monitoring reports and minutes of the Financial Assistant Agreement) to the Confidentiality." Where information is Monitoring Review Committee meetings. Sponsor's raw monitoring data should properly designated as confidential, the Further, other agencies and the public the need arise to review these data. The Corporation may, where appropriate may submit comments on any aspect of Guidelines (Section LX) also eliminate encourage a Sponsor to make

a Project's monitoring activities. the requirement for analysis of data in information available to interested

12. Supplemental monitoring should quarterly reports, because the amount of agencies upon conditions acceptable to be limited by a cost ceiling or a time monitoring data generated during each the Sponsor.

limitation. The Guidelines were not quarter generally would not be sufficient The Corporation anticipates that most amended to require a cost ceiling for 1o provide the basis for meaningful monitoring information can be made

Supplemental Monitoring because the statistical analyses of trends and

available to the Consulting Agencies Corporation feels that in order for patters. Data analyses continue to be and, as appropriate, to other interested Supplemental monitoring activities to be required in annual reports.

agencies without requiring a separate scientifically sound they should be 10. Supplemental Monitoring data formal request to the Corporation to developed independent of the should be treated as confidential receive each data submittal made by a constraints of such a ceiling. Also, no information or, alternatively,

Sponsor. The public will have access to single method or formula for setting a Supplemental Monitoring data should non-confidential information through cost ceiling could properly be applied to be publicly available. No amendment minutes of Monitoring Review

all Projects, since the proper level of has been made in the Guidelines'

Committee meetings, quarterly reports, Supplemental Monitoring required for requirements that monitoring annual reports, and requests for

Projects will vary according to their information will be made available as information made under Section 121 of processes, feedstocks, control authorized by law and that public the Energy Security Act.

technologies, etc., as they relate to information requests will be handled in 11. Interested citizens and agencies potential environmental concerns. accordance with !he Corporation's other than the Consulting Agencies do Additionally, the Corporation does not Guidelines on Disclosure and

not have opportunities to provide believe that fixing a cost ceiling for Confidentiality. Several points are meaningful input to (1) the development Supplemental Monotoring is essential relevant to the comments received. The of Environmental Monitoring Outlines because once Outlines and Plans are monitoring information submitted to the

and Plans, and (2) the review of data found acceptable by the Corporation, Corporation will primarily relate to generated by monitoring activities. No the scope of the Supplemental emissions and ordinarily is not

revisions to the Guidelines were deemed Monitoring programs, including specific considered to be confidential because it

necessary to address this comment. The monitoring tasks, monitoring generally cannot be used, absent other

Corporation makes all Outlines and frequencies, and duration of monitoring. data. to deduce proprietary process Plans (including drafts) and Consulting is defined. Furthermore, the offset information. In addition, most

Agency comments publicly available provision of the Guidelines (Section monitoring information will be through the Corporation's Public

XI.B.2), which limits the extent of presented in the form of summaries and Reading Room (Section X), and

Supplemental Monitoring under normal analyses, which removes it and

encourages state Consulting Agencies to circumstances to that specified in the additional step from compromising make Outlines and Plans available Plan, will prevent increases in proprietary process information. With locally (Footnote 10). The public may Supplemental Monitoring costs (see regard to the specific case of data from comment at any time on these

following section). the monitoring of environmental control documents. With regard to input by While no costs ceilings will be systems which may be considered agencies not designated as Consulting imposed, the Guidelines continue to proprietary, a footnote has been added Agencies (Section 131(e) designates provide that the Corporation will (Footnote 9) which provides for

EPA, DOE, and the appropriate state consider the costs to the Sponsor of Submission of non-proprietary

agencies as the Corporation's sole Supplemental Monitoring relative to its summaries.

Consulting Agenices), the Guidelines do potential benefits as part of its The Guidelines have been amended to not provide for project-specific

determination of acceptability of both require that a Sponsor's Environmental consultation from other agencies.

Outlines and Plans (Section VI). Monitoring Plan identify those types of However, the Corporation has sought, However, any explicit cost/benefit information that are expected to be and will continue to seek; input by approach to setting a cost ceiling would proprietary and those that are not agencies not designated as Consulting not be practical because the benefits of

each Supplemental Monitoring task monitoring focuses on those areas of cannot readily be quantified,

greater health or environmental concem. particularly prior to evaluating the It is anticipated that over time some results of its implementation.

Supplemental Monitoring activities will. With respect to imposing a time

in relative terms, be of diminishing limitation on Supplemental Monitoring.

importance and can be eliminated or one of the acceptability criteria added to

reduced in frequency when important the Guidelines (Section VN indicates aew monitoring activities are deemed that Supplemental Monitoring should necessary. In the event that all _continue only as long as necessary to

monitoring activities appear to be produce a statistically sound body of essential and none should be eliminated data. The Corporation's intention is that or reduced in frequency-a situation Supplemental Monitoring is not

which the Corporation does not necessarily required for the entire life of "normally" expect to find-important a Project, but rather should be continued Supplemental Monitoring activities can until consistency in trends and patterns

still be added to a Sponsor's monitoring in the Project's emissions can be

program because the Guidelines give the established with a high degree of

Corporation the flexibility not to provide certainty. (This does not apply to worker for comparable reductions where exposure monitoring, medical

appropriate. surveillance, or maintenance of Worker

14. Proper maintenance of the Registries since long-term monitoring. Sponsors' monitoring programs is not i.e., for the life of the Project, is

assured after termination of the necessary for meaningful

Corporation. The Energy Security Act characterization of occupational health

directs the U.S. Department of Treasury and safety impacts.) The Guidelines to carry out the Corporation's function were amended (Section V.B) to direct

after termination of the Corporation. the Sponsor to state the approximate C. Other Revisions to the Guidelines duration of each monitoring task in the Outline, and to provide more specific

The Corporation has made a number

of additional revisions to the Guidelines details on duration in the Plan. The

based on its experience in implementing duration specified in the Plan can be

the Interim Final Guidelines and not in subsequently modified, as appropriate, to achieve the statistically sound body

response to any particular comments

received. of data referred to in the Guidelines.

1. Soil Monitoring. The Corporation 13. The offset provision is

bas amended the Guidelines to clarify scientifically unsound. The Guidelines

and limit soil monitoring requirements have not been amended with respect to (Section VII.D.2) so as not to require the the basic approach of the "offset

Sponsor to monitor soil when no provision" (Section XI.B.2) which states

contamination has actually taken place. that under normal circumstances the

Soil monitoring, other than that required Corporation will not require

by permit, is required only when Supplemental Monitoring beyond that

unregulated substances which have the specified in the Plan unless the costs of

potential to contaminate soil actually the additional requirements have been,

come into contact with it (as in the case or are being. offset by the elimination of

of a product spill) and have a comparable costs. (The Guidelines'

reasonable likelihood of being present in offset provision applies only to

concentrations of environmental or Supplemental Monitoring: the

health concern. Corporation will not, and indeed cannot,

2 Toxicological Testing. The authorize any changes to a Sponsor's Guidelines no longer require that Compliance Monitoring tasks.) A minor toxicological testing be considered by revision was added in the form of a the Sponsor. This change was made footnote (Footnote 12) which specifies because: (1) Toxicological testing is that offsets will not apply when

often open ended and could represent monitoring tasks are modified or added an unreasonable cost burden relative to because of changes in production, other parts of the monitoring program; process, pollution control, or feedstock.

and (2) such testing is in the nature of a In the Corporation's view, the

research and development function fundamental reason that "new"

which is more appropriately addressed Supplemental Monitoring should not be by federal agencies and research required without a comparable

institutions. reduction in existing Supplemental

3. Other Supplemental Monitoring. Monitoring requirements is to assure the The Guidelines have been amended to Sponsor that it will not be subject to the provide that certain types of prospect of an ever increasing

Supplemental Monitoring, such as monitoring burden. Moreover, this ecological monitoring and monitoring of approach will ensure that a Sponsor's public nuisances (e.g., noise and odor).

are not required except where source emissions data and other information indicate there is reason to believe that the Project could cause significant impacts in these areas (Section VII.D.4). The Sponsor is required only to indicate its commitment, in both the Outline and Plan, to perform such monitoring when circumstances warrant, as determined by the Sponsor or the Monitoring Review Committee. Requiring such monitoring when there is no indication of a potential problem would be inappropriate and burdensome.

4. Monitoring Review Committee. Two amendments were made to the Guidelines to ensure the timeliness of action of the Monitoring Review Committee and proper documentation of its meetings. First, the Monitoring Review Committee shall meet shortly after the issuance of the annual monitoring report by the Sponsor (Section XI.A). Second, minutes of each Committee meeting will be prepared by the Corporation (Section XI.B.1).

5. Clarity. The Corporation has added a definitions section and made oumerous organizational and editorial changes to the Guidelines to improve their clarity. Also, specific acceptability criteria have been added (Section VI) to define the basis on which the Corporation's acceptability determinations will be made. Overall, all of the changes made, whether in response to comments or otherwise, have been designed to set forth a clear basis by which the Sponsor can achieve a sound monitoring program. United States Synthetic Fuels Corporation Environmental Monitoring Plao Guidelines

I. Purpose
U. Statutory Basis
UI. Definitions
IV. General Approach To Implementing

Section 131(e)
V. Developing Environmental Monitoring

Outlines and Plans
A. General
B. Contents of Oullines and Plans
C. Development of Outlines

D. Development of Plans
VI.Determination of Acceptability
VIII. Scope of Monitoring

A General
B. Compliance Monitoring
C Supplemental Monitoring
D. Substantive Monitoring Areas .

1. Source Monitoring
2 Ambient Monitoring
2. Worker Health and Safety Monitoring:
Worker Registries

4. Other Monitoring
VII. Quality Assurance/Quality Control
IX. Data Management: Reporting



Federal Register | Vol. 48. No. 199'/ Thursday, October 13: 1983 j Notices

X. Confidential Information
research efforts associated with any

Financial Assistance Agreement and XI. Monitoring Review Committees synthetic fuels project. • • will help to

any dedicated mining operation at the A Membership: Meetings characterize and identify areas of concern

Project site which is wholly or & Functions

and develop an information base for the 1. Data Review mitigation of problems associated with the

principally controlled by the Sponsor. 2 Modification of Monitoring replication of synthetic fuels projects. The

K. Quality Assurance/Quality Requirements

Corporation is not expected to involve itsell Control: Activities and procedures XI. Amendmenu to Guidelina

in the development or execution of such designed to ensure that all information

plans except for the necessary approval. The L Purpose

data, and analyses resulting from conferees intend that development of the

monitoring are technically valid. Section 131(e) of the Energy Security plans and actual data collection be reserved

accurate, precise, and reliable. Act (Pub. L 98–294, 42 U.S.C. 8701, 8731)

to the applicants for financial assistance after
consulation with appropriate federal and

L Source Monitoring: Monitoring of specifies that a Project Sponsor or state agencies. Goint Explanatory Statement

air emissions, water effluents, and solid Sponsors receiving financial assistance of the Committee of Conference: pp. 208–200

wastes which are released from a from the United States Synthetic Fuels of Compilation of the Energy Security Act of Project's vents, stacks, pipes, etc., as Corporation (the "Corporation") shall 1980)

well as the monitoring of fugitive air develop, in consultation with the IIL. Definitions

emissions from Project-related activity. Environmental Protection Agency

M. Sponsor. The entity or ent ("EPA"), the Department of Energy

A. Ambient Monitoring: Monitoring of seeking financial assistance for a Project (“DOE“), and appropriate state

substances found (or projected to be from the Corporation. agencies, an Environmental Monitoring found) in a project's emissions and

N. Supplemental Monitoring: Plan acceptable to the Corporation's discharges in the unconfined

Monitoring specified in an Outline or Board of Directors. In implementing this environment, including the air, water,

Plan which is not required by statutory mandate, the Corporation is and land in the vicinity of the Project

Compliance Monitoring. utilizing a two-stage approach under

B. Comparable Permit. A permit for a

O. Worker Registry (or Registry): A which the Sponsor: (1) Develops an similar synthetic fuels facility or

record-keeping system which integrales Outline of its Environmental Monitoring process, or an analogous facility or

different types of occupational health Plan, which will be incorporated into the process in a non-synthetic fuels

and safety information, including Financial Assistance Agreement, and (2) industry.

C. Compliance Monitoring:

worker exposure data, médical records, develops an Environmental Monitoring Plan (based on the Outline) after the Environmental and health monitoring

demographic data, and job

classification Financial Assistance Agreement is

required by federal, state, and local executed.

permits, approvals, and other regulatory IV. General Approach to Implementing The purpose of these Guidelines is to obligations, including (1) monitoring Section 131(0) set forth the procedural steps to be specified in any federal or state

The Corporation views the taken and the broad substantive areas environmental impact statement or

identification and characterization of to be addressed in developing Outlines agency record of decision relating

areas of concern and the development of and Plans. The Guidelines provide the thereto, and (2) monitoring pursuant to

an information base for the mitigation of federal or state lease requirements. basis on which the Corporation will

problems associated with the replication

D. Consulting Agencies: The determine the acceptability of Outlines Administrator of the Environmental

of synthetic fuels projects to be the and Plans. However, the Guidelines do

fundamental purpose of environmental Protection Agency, the Secretary of not specify the substantive details

and health monitoring pursuant to required for an acceptable Outline or

Energy, and appropriate state agencies.
The Administrator, the Secretary, and

Environmental Monitoring Plans under Plan since the actual development of an the Governor of the state in which the

Section 131(e). Toward this end, the Outline and Plan is the responsibility of Project is located each designate a

Corporation requires that the Sponsor the Sponsor, in consultation with the appropriate agencies, and their contents

representative to perform the function of perform a broad range of monitoring the respective Consulting Agency.

activities related to potential will depend, in part, on the project

environmental and health impacts of its

(The) Corporation: The United specific factors. States Synthetic Fuels Corporation.

Project. While socioeconomic and water II. Statutory Basis

F. Environmental Monitoring Outline consumption monitoring are not Section 131(e) of the Energy Security

(or Outline): A summary of a Sponsor's required pursuant to Section 131(e)

monitoring obligations, as described in (which addresses environmental and Act requires that: Section V.B.

health-related emissions), such Any contract for financial assistance shall require the development of a plan, acceptable

G. Environmental Monitoring Plan (or monitoring will be required, as to the Board of Direcion, for the monitoring Plan): A detailed description of a

appropriate, by separate terms of a of environmental and health-reluted

Sponsor's monitoring obligations, as Project's Financial Assistance emissions from the construction and described in Section V.B.

Agreement. operation of the synthetic fuels project. Such H. Financial Assistance Agreement:

Environmental monitoring pursuant to plan shall be developed by the recipient of An agreement between the Corporation Section 131(e) shall include Compliance financial assistance after consultation with and the Sponsor providing for loans, Monitoring and, as appropriate, the Administrator of the Environmental

loan guarantees, price guarantees, or Supplemental Monitoring. Compliance Protection Agency, the Secrelary of Energy. joint venture assistance or a

Monitoring. whose fundamental purpose and appropriate state agencies. combination thereof.

is to fulfill the Sponsor's regulatory The Conference Committee's Joint

1. (The) Guidelines: The

obligations, is included as part of Explanatory Statement relating to this Environmental Monitoring Plan

Section 131(e) environmental monitoring privision states, in pertient part: Guidelines of the United Sta!es

because the results of such monitoring the monitoring of emissions-gaseous, liquid Synthetic Fuels Corporation

are necessary both to provide the or solid and the examination of waste

J. Project: Facilities for the production Corporation with a broad information problems. worker health issues and other of synthetic fuels as described in the base that is relevant to replication of

« PreviousContinue »