32204 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 / Notices

rescinded, and a refund was granted to

Amerigas.

Refund Applications

The Office of Hearings and Appeals

issued the following Decisions and

Orders concerning refund applications,

which are not summarized. Copies of

the full texts of the Decisions and

Orders are available in the Public

Reference Room of the Office of

Hearings and Appeals.

Advance Publications, Inc ................................................................................................................................... RR272–00305 4/28/98

McCann-Shields Paint Co .................................................................................................................................... RF272–94052 5/1/98

N. Central Local Schl Dist. et al .......................................................................................................................... RF272–95741 5/1/98

Pritchard & Van Zandt et al ................................................................................................................................ RK272–04794 4/30/98

Dismissals

The following submissions were dismissed.

Name Case No.

William H. Payne .............................................................................................................................................................................. VFA–0408

[FR Doc. 98–15723 Filed 6–11–98; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6110–9]

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request; State

Small Business Stationary Source

Technical and Environmental

Compliance Assistance Program

Annual Reporting Form

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this document announces

that the following Information

Collection Request (ICR) has been

forwarded to the Office of Management

and Budget (OMB) for review and

approval: State Small Business

Stationary Source Technical and

Environmental Compliance Assistance

Program Annual Reporting Form, OMB

Control Number 2060–0337, expiration

date 7/31/98. The ICR describes the

nature of the information collection and

its expected burden and cost; where

appropriate, it includes the actual data

collection instrument.

DATES: Comments must be submitted on

or before July 13, 1998.

FOR FURTHER INFORMATION CONTACT: For

a copy of the ICR, call Sandy Farmer at

EPA, by phone at (202) 260–2740, by EMail at Farmer.Sandy@epamail.epa.gov

or download off the Internet at http://

www.epa.gov/icr/icr.htm, and refer to

EPA ICR No. 1748.02.

SUPPLEMENTARY INFORMATION:

Title: State Small Business Stationary

Source Technical and Environmental

Compliance Assistance Program Annual

Reporting Form, OMB Control Number

2060–0337, EPA ICR Number 1748.02,

expiration date 7/31/98. This is a

request for extension of a currently

approved collection.

Abstract: As part of the Clean Air Act

Amendments of 1990, The U.S.

Congress included, as part of Section

507, the requirement that each state

establish a Small Business Stationary

Source Technical and Environmental

Compliance Assistance Program

(SBTCP) to assist small businesses

comply with the Act. EPA must provide

the Congress with periodic reports from

the EPA Small Business Ombudsman

(SBO) on these programs, including

their effectiveness, difficulties

encountered, and other relevant

information. Each state assistance

program will submit requested

information to EPA for compilation and

summarization.

This collection of information is

mandatory pursuant to section 507 (a),

(d), and (e) of the Clean Air Act as

amended in 1990, Public Law 101–549,

November 15, 1990. This Act directs

EPA to monitor the SBTCPs and to

provide a report to Congress. This

responsibility has been delegated to the

EPA SBO.

Response to the collection is not

required to obtain or retain a benefit.

Information in the Annual Report to

Congress is aggregated and is not of a

confidential nature. None of the

information collected by this action

results in or requests sensitive

information of any nature from the

states.

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 Chapter

15. The Federal Register document

required under 5 CFR 1320.8(d),

soliciting comments on this collection

of information was published on 2/26/

98 (63 FR 9791); 15 comments were

received.

Burden Statement: The annual public

reporting and recordkeeping burden for

this collection of information is

estimated to average 80 hours per

response. 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:

Respondents will be one of the

following state offices: environmental

agency (SIC 9511), commerce or

economic development department (SIC

9611), governor’s office (SIC 9111), or

ombudsman’s office (SIC 9511). These

departments/agencies typically are

responsible for the conduct of the

SBTCPs.

Estimated Number of Respondents:

53.

Frequency of Response: Annual.

Estimated Total Annual Hour Burden:

4,240 hours.

Estimated Total Annualized Cost

Burden: 0.

Send comments on the Agency’s need

for this information, the accuracy of the
Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 / Notices 32205

1The Liberty Borough PM–10 nonattainment area

is comprised of the City of Clairton and the

Boroughs of Glassport, Liberty, Lincoln, and Port

Vue.

provided burden estimates, and any

suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques to the following addresses.

Please refer to EPA ICR No. 1748.02 and

OMB Control No. 2060–0337 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental

Protection Agency, Office of Policy,

Planning, & Evaluation, Regulatory

Information Division (2137), 401 M

Street, SW, Washington, DC 20460;

and

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention: Desk Officer for

EPA, 725 17th Street, NW,

Washington, DC 20503.

Dated: June 8, 1998.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 98–15742 Filed 6–11–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6107–3]

Proposed Determination of Attainment

of the Air Quality in the Liberty

Borough, Pennsylvania PM–10

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed finding of attainment

and withdrawal of previously proposed

finding.

SUMMARY: EPA is proposing to find that

air quality in the Liberty Borough,

Pennsylvania moderate nonattainment

area has attained national ambient air

quality standards (NAAQS) for

particulate matter of nominal

aerodynamic diameters smaller than 10

micrometers (PM–10). The Clean Air

Act (the Act) establishes a December 31,

1994 attainment date for moderate PM–

10 nonattainment areas, and requires

EPA to determine the attainment status

of such areas by June 30, 1995. For the

reasons explained herein, this proposed

finding is based on monitored air

quality data for the area during the years

1995–1997. EPA is also withdrawing its

previous September 19, 1995 proposal

to find that the area did not attain the

NAAQS. Elsewhere in the Proposed

Rules section, EPA is also proposing to

approve the Allegheny County Health

Department’s (ACHD’s) attainment

demonstration, submitted to EPA by the

Commonwealth of Pennsylvania, that

the state implementation plan (SIP)

requirements for the Liberty Borough

area are sufficient to attain and maintain

the NAAQS. In the same document EPA

is also proposing to approve

contingency measures for the area. In

the Final Rules section of today’s

Federal Register, EPA is taking direct

final action to approve a SIP revision

requiring additional control measures at

the USX Clairton coke works. On July

18, 1997, EPA revised the NAAQS for

particulate matter. In this document,

‘‘NAAQS’’ and ‘‘PM–10 NAAQS’’ refer

only to the previously existing NAAQS

that were in effect at the time that the

attainment plan was submitted.

DATES: Comments must be received on

or before July 13, 1998.

ADDRESSES: Comments may be mailed to

Makeba Morris, Chief, Technical

Assessment Branch, Mailcode 3AP22,

U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107 and the Allegheny County Health

Department, Department of Air Quality,

301 39th Street, Pittsburgh,

Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT:

Denis M. Lohman, (215) 566–2192, or by

e-mail at

lohman.denny@epamail.epa.gov. While

requests for information may be made

via e-mail, comments for EPA’s

consideration regarding this proposal

must be submitted in writing to the

address indicated above.

SUPPLEMENTARY INFORMATION:

I. Background

A. Clean Air Act Requirements

Upon enactment of Clean Air Act

Amendments of 1990, PM–10 areas

meeting the criteria of section

107(d)(4)(B) of the Act was designated

nonattainment by operation of law.

Once an area is designated

nonattainment, section 188 of the Act

outlines the process for classification of

the area and establishes the area’s

attainment date. Pursuant to section

188(a), all PM–10 nonattainment areas

were initially classified as moderate by

operation of law upon designation as

nonattainment, and the attainment date

for these areas were December 31, 1994.

These nonattainment designations and

moderate area classifications were

codified in 40 CFR part 81 on November

6, 1991 (56 FR 56694).

States containing areas which were

designated as moderate nonattainment

by operation of law under section

107(d)(4)(B) were to develop and submit

SIPs to provide for the attainment of the

PM–10 NAAQS. Those SIPs were to

include the adoption and

implementation of PM–10 reduction

requirements which constitute

reasonably available control measures,

(RACM), including reasonably available

control technology (RACT). Pursuant to

section 189(a)(2) of the Act, those SIP

revisions were to be submitted to EPA

by November 15, 1991. Section 188(c)(1)

sets December 31, 1994 as the

attainment date, and section 188(b)(2)

requires that EPA determine the

attainment status of the area by June 30,

1995. EPA is guided in these

determinations by 40 CFR 50.6 and 40

CFR part 50, appendix K.

B. Regulatory Activity to Date

On January 6, 1994, the Pennsylvania

Department of Environmental Protection

(PADEP) submitted an attainment plan

to EPA, produced by the Allegheny

County Health Department (ACHD), for

the Liberty Borough PM–10

nonattainment area.1 The purpose of

this revision to the Pennsylvania SIP is

to fulfill the requirements under section

189 of the Act for a regulatory plan to

attain the PM–10 NAAQS and to submit

a demonstration (including air quality

modeling) that the plan is sufficient to

attain this goal. These ‘‘Part D’’

requirements are described in more

detail in the technical support

document (TSD) to this rulemaking. On

April 11, 1995, EPA proposed to fully

approve the January 1994 attainment

plan submittal, as well as two SIP

revisions that the County had submitted

previously (see 60 FR 18385). After EPA

proposed to approve the County’s

demonstration, the County reported that

the PM–10 NAAQS had been exceeded

twice in March of 1995. These

exceedances brought the adequacy of

the County’s attainment plan into doubt,

and, though EPA took final action to

approve the regulatory portion of the

attainment plan (61 FR 29664), EPA

took no action on the modeled

attainment demonstration at that time.

Pursuant to its obligations under

section 188(b)(2), on September 19,

1995, EPA proposed to find that the

Liberty Borough moderate

nonattainment area did not attain the

NAAQS (60 FR 48439). This proposal

was based on the available air quality

data at the time, which showed that the

number of expected exceedances of the