24782 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Notices

loads of fuel transferred per year per

distributor. Total burden for all

distributors is about 1,319 hours per

year. There are no annual operating

costs, purchased service costs or capital

costs. Startup costs have been

completed.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

Dated: April 23, 1998.

Sylvia K. Lowrance,

Principal Deputy Assistant Administrator,

Office of Enforcement and Compliance

Assurance.

[FR Doc. 98–11875 Filed 5–4–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6009–6]

Agency Information Collection

Activities: Renewal Comment Request;

Acid Rain Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

EPA is planning to submit the following

continuing Information Collection

Request (ICR) to the Office of

Management and Budget (OMB): Acid

Rain Program ICR, EPA ICR Number:

1633.12, OMB Control Number: 2060–

0258, Expiration Date: January 31, 1999.

Before submitting the ICR to OMB for

review and approval, EPA is soliciting

comments on specific aspects of the

proposed information collection as

described below.

DATES: Comments must be submitted on

or before July 6, 1998.

ADDRESSES: The current ICR is available

on the internet at www.epa.gov/

acidrain. For further information contact

Kenon Smith (202–564–9164). Send

written comments (in duplicate)

regarding these burden estimates or any

other aspect of this information

collection, including suggestions for

reducing this burden, to Kenon Smith,

401 M Street, SW., 6204J, Washington,

DC 20460 using regular or certified mail,

or Kenon Smith, USEPA (6204J), 501

3rd Street, NW., Washington, DC 20001

using overnight mail.

FOR FURTHER INFORMATION CONTACT:

Contact Kenon Smith at (202–564–9164)

or (smith.kenon@epa.gov).

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially

affected by this action are those which

participate in the Acid Rain Program.

Title: Acid Rain Program ICR; (OMB

Control No. 2060–0258; EPA ICR No.

1633.12) expiring 1/31/1999.

Abstract: The Acid Rain Program was

established under Title IV of the 1990

Clean Air Act Amendments. The

program calls for major reductions of

the pollutants that cause acid rain while

establishing a new approach to

environmental management. This

information collection is necessary to

implement the Acid Rain Program. It

includes burden hours associated with

developing and modifying permits,

transferring allowances, obtaining

allowances from the conservation and

renewable energy reserve and small

diesel refinery program, monitoring

emissions, participating in the annual

auctions, completing annual compliance

certifications, participating in the Opt-in

program, and complying with Nox

permitting requirements. Most of this

information collection is mandatory

under 40 CFR parts 72–78. Some parts

of it are voluntary or to obtain a benefit,

such as participation in the annual

auctions under 40 CFR part 73, subpart

E. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR Ch. 15. The

EPA would like to solicit comments to:

(i) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

(ii) Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(iii) Enhance the quality, utility, and

clarity of the information to be

collected; and

(iv) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses.

Burden Statement: The annual public

reporting and recordkeeping burden for

this collection of information is

estimated to average 273 hours per

response and 3,344 hours per

respondent. The annual operation and

maintenance (O&M) costs are an

estimated $61,431 per respondent. All

the O&M costs and most of the burden

hours are associated with the collection

and reporting of continuous emission

data, which is the foundation for the

allowance trading system. Burden

means the total time, effort, or financial

resources expended by persons to

generate, maintain, retain, or disclose or

provide information to or for a Federal

agency. This includes the time needed

to review instructions; develop, acquire,

install, and utilize technology and

systems for the purposes of collecting,

validating, and verifying information,

processing and maintaining

information, and disclosing and

providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

Respondents/Affected Entities: 849.

Estimated Number of Respondents:

849.

Frequency of Response: Varies by

task.

Estimated Total Annual Hour Burden:

2,839,120 hours.

Estimated Total Annualized Cost

Burden (All O&M): $44,660,000.

Dated: April 28, 1998.

Brian J. McLean,

Director, Acid Rain Division.

[FR Doc. 98–11876 Filed 5–4–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6009–8]

National Ambient Air Quality

Standards for Sulfur Oxides (Sulfur

Dioxide); Intervention Level Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Notices 24783

SUMMARY: The EPA is announcing today

the following actions:

(1) The schedule for responding to the

remand of the final decision on the

national ambient air quality standards

(NAAQS) for sulfur dioxide (SO2)

published on May 22, 1996, and any

final action on the proposed

intervention level program (ILP) for the

reduction of SO2 emissions published

on January 2, 1997.

(2) The interim actions EPA will take

to address 5-minute peak SO2 levels that

may pose risk to sensitive asthmatic

individuals.

(3) The solicitation of comments and

associated information and analyses on

5-minute peak SO2 concentrations in the

ambient air, with emphasis on the

characterization of the likelihood of

exposure of sensitive asthmatic

individuals to peak SO2 concentrations

at 0.6 parts per million (ppm) and above

during exercise.

DATES: (1) The EPA will propose its

response to the SO2 NAAQS remand for

public comment in the summer of 1999

and take final action no later than

December 2000. The EPA will take any

final action on the proposed ILP,

consistent with its final action on the

SO2 NAAQS, no later than December

2000.

(2) In the interim, until such final

actions are taken, EPA will now begin

taking actions to address known

problem areas with high 5-minute peak

SO2 levels that may pose risk to

sensitive asthmatic individuals.

(3) Comments and associated

information and analyses should be

submitted on or before November 1,

1998.

ADDRESSES: Comments and associated

information and analyses should be

submitted to Ms. Susan Lyon Stone,

U.S. Environmental Protection Agency,

MD–15, Research Triangle Park, NC

27711.

FOR FURTHER INFORMATION CONTACT: Ms.

Susan Lyon Stone at the above address

or telephone (919) 541–1146 on matters

pertaining to 5-minute peak SO2 levels

and the SO2 NAAQS remand. For

information on the interim actions EPA

plans to take to address 5-minute peak

SO2 levels and the ILP, contact Mr. Eric

Crump at the same address or telephone

(919) 541–4719.

SUPPLEMENTARY INFORMATION:

On May 22, 1996, EPA announced its

final decision that revisions of the SO2

NAAQS were not appropriate (61 FR

25566). At issue in making that decision

was whether a new 5-minute NAAQS

was appropriate to protect sensitive

asthmatic individuals from the risk

posed by exposure to 5-minute SO2

levels of 0.6 ppm or above. Given the

available health effects information;

information as to the localized,

infrequent, and site-specific nature of

risk involved; and the advice of the

Clean Air Scientific Advisory

Committee (CASAC), the Administrator

concluded that short-term peak

concentrations of SO2 do not constitute

the type of ubiquitous public health

problem for which the establishment of

a NAAQS would be appropriate.

Because of the localized, infrequent,

and site-specific nature of the risk, as

characterized in its final decision notice

(61 FR 25575–25576), the Administrator

further concluded that the residual

health risk posed by short-term SO2

concentrations remaining after

attainment of the current SO2 NAAQS

are most appropriately addressed by the

States. It was the Administrator’s

judgment that the States are in a far

better position than EPA to assess the

highly localized and site-specific factors

that determine whether occurrences of

5-minute peak SO2 concentrations in a

given area pose a significant risk to

sensitive asthmatic individuals in the

local population, and if so, to fashion an

appropriate remedial response. In light

of its characterization of the nature of 5-

minute peak SO2 concentrations and the

likelihood that these peaks would result

in exposure conditions that could cause

significant health effects in sensitive

asthmatic individuals during exercise,

EPA also announced that it intended to

propose a new program and associated

guidance to assist States in determining

whether 5-minute peak concentrations

of SO2 in the range of 0.6 ppm to 2.0

ppm posed a significant health risk to

sensitive asthmatic individuals in the

local population, and if so, to identify

appropriate remedial responses.

Consistent with its final SO2 NAAQS

decision, EPA subsequently proposed

for comment the intervention level

program (ILP) for the reduction of SO2

emissions on January 2, 1997 (62 FR

210). This proposed ILP was intended to

supplement the protection provided by

the existing primary and secondary SO2

NAAQS.

A key element of the proposed ILP

was the establishment (to be codified in

part 51 of the CFR) of a concern level

of 0.6 ppm, 5-minute average SO2

concentration, and an endangerment

level of 2.0 ppm, 5-minute average. The

proposed ILP would require that State

and tribal plans contain the authority to

take whatever action is necessary to

prevent further exceedances of such

concern and endangerment levels when

the State/tribe determines that

intervention is appropriate. The

proposed ILP includes a discussion of

the factors that the State/tribe should

consider in making such

determinations, including the

magnitude and frequency of peak

concentrations exceeding these levels,

the history and nature of any citizen

complaints, available information on

potential exposure of sensitive

asthmatic individuals, and information

about the source(s) causing the peak SO2

concentrations. Based on the above

factors, the proposed ILP provides for

flexibility for the State/tribe to

determine the nature and degree of

intervention that is warranted in any

area. The States/tribes are also given the

flexibility in the proposed ILP to

relocate existing monitors to areas

where 5-minute peak concentrations

may be of concern through changes to

SO2 monitoring requirements. The

proposed ILP recognizes that authority

to take such actions, when justified on

a case-by-case basis, currently exists

under section 303 of the Clean Air Act.

Building upon this authority, the

proposed ILP codifies the health

benchmarks for such actions (i.e., the

concern and endangerment levels) and

provides guidance to assist States/tribes

in identifying and taking appropriate

actions.

SO2 NAAQS Remand

In July 1996, the American Lung

Association and the Environmental

Defense Fund petitioned the District of

Columbia Court of Appeals for judicial

review of EPA’s decision not to

establish a new 5-minute NAAQS. On

January 30, 1998, the court issued a

decision in that case American Lung

Association v. Browner, No. 96–1251

(D.C. Cir.). The court found that EPA

failed to provide an adequate

explanation for its determination that no

revision to the SO2 NAAQS was

appropriate. As a result, the court

remanded the case to permit EPA to

more fully explain its decision not to set

a standard for short-term peak SO2

levels of 0.6 ppm or greater.

Schedule for EPA Final Actions

In remanding the case to EPA, the

court did not establish a deadline for

EPA to take action consistent with the

remand. In lieu of pursuing further

litigation to seek a court-ordered

schedule for EPA’s response to the SO2

NAAQS remand, the petitioners in the

case initiated discussions with EPA to

establish such a schedule for EPA’s

response. Based on these discussions, it

was agreed that EPA would take final

action no later than December 2000. In

order to meet this date for final action,

EPA intends to propose for public

comment its response to the remand by
24784 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Notices

the summer of 1999. In conjunction

with taking final action on its response

to the SO2 NAAQS remand, EPA also

intends to take any final action on the

ILP no later than December 2000. In so

doing, EPA will draw upon its response

to the remand on the SO2 NAAQS

decision so as to ensure consistency

between these actions.

Interim Actions

Between now and when final action

on the SO2 NAAQS remand and the ILP

is taken, EPA intends to work with

States/tribes with known areas of high

5-minute peak SO2 concentrations to

undertake a number of actions. These

actions include the following:

determining whether the existing SO2

NAAQS and State Implementation Plan

(SIP) requirements are being met in such

areas; taking regulatory action in such

areas where appropriate (e.g., SIP calls);

and initiating enforcement review/

action to ensure SIP requirements are

met. The EPA also plans to issue

monitoring and other guidance to

States/tribes/regions to assist them in

identifying and addressing high 5-

minute peak problems.

Solicitation of Information on 5-Minute

Peak SO2 Concentrations

To supplement its current information

on 5-minute peak SO2 concentrations

and exposures of sensitive asthmatic

individuals to peak levels of concern,

EPA is soliciting comments and

associated information and analyses on

such 5-minute peak SO2 concentrations.

The EPA will consider this information

in the context of the interim actions

described above and in its response to

the remand and in its final ILP decision.

More specifically, EPA solicits

information and analyses on the

following: sources or source types and

the nature of events that are most likely

to give rise to short-term peak SO2

levels; the magnitude and frequency of

such peaks; the time of day of the

occurrence of such peaks;

meteorological conditions in the area in

which such peaks occur; the density of

the population near the source(s)

involved; and the frequency with which

asthmatic individuals would likely be

exposed to peak SO2 concentrations at

0.60 ppm and above while at elevated

ventilation rates (i.e., during exercise).

Dated: April 29, 1998.

Richard D. Wilson,

Acting Assistant Adminstrator for Air and

Radiation.

[FR Doc. 98–11874 Filed 5–4–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6009–4]

Environmental Laboratory Advisory

Board, Meeting Date and Agenda

AGENCY: Environmental Protection

Agency.

ACTION: Notice of open meeting.

SUMMARY: The Environmental Protection

Agency (EPA) will convene an open

meeting of the Environmental

Laboratory Advisory Board (ELAB) on

June 4, 1998, from 2 p.m. to 5 p.m. This

meeting will be conducted by

teleconference. The public is invited to

join Ms. Ramona Trovato in Room 911,

West Tower, Waterside Mall, 401 M

Street, SW., Washington, DC.

The agenda will include discussion

on the newly established working group

on Third Party Assessors; Consensus

Position from EPA’s Environmental

Monitoring Management Council;

Continuation of ELAB vs. former

NELAC Coordination Committee;

Conflict-of-Interest Issues with respect

to the Accreditation Authorities;

Training of Assessors; Method Specific

Checklists; Simultaneous Approval of

Laboratories; and the Agenda for July 1,

1998, meeting at NELAC IV.

The public is encouraged to attend.

Time will be allotted for public

comment. Written comments are

encouraged and should be directed to

Ms. Jeanne Mourrain; Designated

Federal Officer; USEPA; NCERQA (MD–

75); Research Triangle Park, NC 27711.

If questions arise, please contact Ms.

Mourrain at 919/541–1120, fax 919/

541–4261, or e-mail

mourrain.jeanne@epamai.epa.gov.

Dated: April 24, 1998.

Nancy W. Wentworth,

Director, Quality Assurance Division.

[FR Doc. 98–11877 Filed 5–4–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

Joint EPA/State Agreement To Pursue

Regulatory Innovation

[FRL–6008–7]

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Availability of Joint

EPA/State Innovation Agreement.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) and senior

State environmental officials recently

signed an agreement entitled Joint EPA/

State Agreement to Pursue Regulatory

Innovation (hereafter ‘‘Innovations

Agreement’’). The purpose of the

Innovations Agreement is to improve

environmental protection in the United

States, improve EPA/State

environmental management practices,

and provide timely decision-making on

good ideas. These goals will be achieved

through innovation proposals by States,

with the intent that many successful

innovations will lead to system-wide

improvements in environmental

protection.

The Innovations Agreement embodies

a set of general principles and a process

for EPA/State innovation activities that

includes:

—Statements of purpose and scope of

the agreement;

—Over-arching principles that will

govern joint EPA/State regulatory

innovation activities;

—The process EPA and the States will

use to identify good ideas, including

both the continuation of existing

State/EPA interactions to start

innovation projects, and the

establishment of a new mechanism for

making decisions on innovative

proposals that do not fit into ongoing

reinvention programs; and

—Guidelines for how EPA and the

States will evaluate the success of

innovation activities carried out

under this agreement.

This Innovations Agreement builds on

the many reinvention efforts that are

underway in the States and EPA. It is

intended to ensure joint decisionmaking, timely review, broad public

involvement, and continued progress in

fostering and implementing ideas that

are good for our environment and the

people we serve.

ADDRESSES: An electronic version of the

Innovations Agreement is available on

EPA’s Office of Reinvention internet

home page at http://www.epa.gov/

reinvent. Interested parties can obtain a

single copy of the report by contacting

Louise McLaurin (phone 202–260–4261

or e-mail

mclaurin.louise@epamail.epa.gov).

FOR FURTHER INFORMATION CONTACT: For

questions on the joint EPA/State

Innovations Agreement, please contact

John Glenn, U.S. Environmental

Protection Agency, Office of

Reinvention, (1803), 401 M Street, S.W.,

Washington, DC, 20460, phone 202–

260–5029, e-mail

glenn.john@epamail.epa.gov; or Bruce

Brott, Minnesota Pollution Control

Agency, phone 612–297–8380, e-mail

bruce.brott@pca.state.mn.us.

SUPPLEMENTARY INFORMATION: To find

new, better, and more efficient and