[Federal Register: August 31, 2005 (Volume 70, Number 168)]
[Notices]
[Page 51778-51780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au05-100]
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ENVIRONMENTAL PROTECTION AGENCY
[OECA-2005-0014; FRL-7963-2]
Agency Information Collection Activities: Submission to OMB for
Review and Approval; Comment Request; State Review Framework; EPA ICR
Number 2185.01
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
proposed Information Collection Request (ICR) to the Office of
Management and Budget (OMB). This is a request for a new collection.
Under
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OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. This
ICR describes the nature of the information collection and its
estimated burden and cost.
DATES: Comments must be submitted on or before September 30, 2005.
ADDRESSES: Submit your comments, referencing docket ID number OECA-
2005-0014 to (1) EPA online using EDOCKET (our preferred method), by
email to docket.oeca@epa.gov, or by mail to: EPA Docket Center,
Environmental Protection Agency, OECA Docket, mail code 2201T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Arthur Horowitz, Office of Planning
Policy Analysis and Communication, mail code 2201A, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 564-2612; fax number: (202) 564-0027; email
address: horowitz.arthur@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On April 26, 2005 70 FR 21408, EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received one comment and has addressed
the comment received.
EPA has established a public docket for this ICR under Docket ID
number OECA-2005-0014, which is available for public viewing at the
OECA Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is (202) 566-1744, and the telephone number for the OECA Docket is
(202) 566-1514. An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use
EDOCKET to submit or view public comments, access the index listing of
the contents of the public docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified above.
Any comments related to this ICR should be submitted to EPA within
60 days of this notice. EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing in EDOCKET as EPA receives them and without change, unless the
comment contains copyrighted material, CBI, or other information whose
public disclosure is restricted by statute. When EPA identifies a
comment containing copyrighted material, EPA will provide a reference
to that material in the version of the comment that is placed in
EDOCKET. The entire printed comment, including the copyrighted
material, will be available in the public docket. Although identified
as an item in the official docket, information claimed as CBI, or whose
disclosure is otherwise restricted by statute, is not included in the
official public docket, and will not be available for public viewing in
EDOCKET. For further information about the electronic docket, see EPA's
Federal Register notice describing the electronic docket at 67 FR 38102
(May 31, 2002), or go to http://www.epa.gov./edocket.
Affected entities: State and local governments.
Title: State Review Framework.
Abstract: The State Review Framework (``Framework'') is an
oversight tool designed to assess state performance in enforcement and
compliance assurance. The Framework's goal is to evaluate state
performance by examining existing data to provide a consistent level of
oversight and develop a uniform mechanism by which EPA Regions, working
collaboratively with their states, can ensure that state environmental
agencies are consistently implementing the national compliance and
enforcement program in order to meet agreed-upon goals. Furthermore,
the Framework is designed to foster dialogue on enforcement and
compliance performance between the states that will enhance
relationships and increase feedback, which will in turn lead to
consistent program management and improved environmental results.
Specifically, the Framework is a structured process that provides
critical information on a state's (or Region's, for states with EPA-
implemented programs) core enforcement and compliance assurance
performance by employing existing data available in EPA's national
databases and presented in management reports for each state. By the
end of calendar year 2005 EPA expects to automate the management
reports and make them available for the Regions and states to directly
view and pull their own data. No new data collection is required for
the national databases. Additional data will be obtained from the
review of a state environmental agency's compliance and enforcement
files. While no new data is required to be created in these files; they
will be required to be provided and reviewed to ensure consistency with
national standards in terms of documentation and performance. The
states' participation in this process is mandatory.
The Framework process asks regions, states and local governments to
examine existing data in three core programs: Clean Air Act (``CAA''),
Stationary Sources; Clean Water Act (``CWA''), National Pollutant
Discharge Elimination System (``NPDES''); and Resource Conservation and
Recovery Act (``RCRA''), Subtitle C. The Framework evaluates twelve
(12) primary elements, and a thirteenth optional element, using data
and file review metrics. The utility of the Framework's metrics and the
Implementation Guide are a direct result of the collaboration between
states, Regions, Headquarters, and environmental leaders over the
previous two years. These stakeholders provided extensive input and
comments prior to both a pilot phase of the project, and in an
evaluation of the pilots. The results of the evaluation of the
Framework's pilot program was 14 main recommendations, which OECA and
ECOS reviewed and used to establish work groups that were tasked with
addressing those recommendations. The results of the evaluation of the
Framework's pilot program have been used to improve the Framework and
further ensure that it is narrowly crafted and will only collect
information that satisfies the Agency's needs.
The thirteen (13) elements mentioned above are: (1) The degree to
which a state program has completed the universe of planned inspections
(addressing core requirements and Federal, state, and regional
priorities); (2) The degree to which inspection reports and compliance
reviews document inspection findings, including accurate descriptions
of what was observed to sufficiently identify violation(s); (3) The
degree to which inspection reports are completed in a timely manner,
including timely identification of violations; (4) The degree to which
significant violations (e.g., significant noncompliance and high-
priority violations) and supporting information are accurately
identified and reported to EPA's national databases in a timely manner;
(5) The degree to which state enforcement
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actions include required corrective or complying actions (i.e.,
injunctive relief) that will return facilities to compliance in a
specific time frame; (6) The degree to which a state takes timely and
appropriate enforcement actions, in accordance with policy relating to
specific media; (7) The degree to which a state includes both gravity
and economic benefit calculations for all penalties, appropriately
using the BEN model or similar state model (where in use and consistent
with national policy); (8) The degree to which penalties in final
enforcement actions collect appropriate economic benefit and gravity in
accordance with applicable penalty procedures; (9) The degree to which
enforcement commitments in the PPA/PPG/categorical grants (i.e.,
written agreements to deliver a product/project at a specified time),
if they exist, are met and any products or projects are completed; (10)
The degree to which the minimum data requirements are timely; (11) The
degree to which the minimum data requirements are accurate; (12) The
degree to which the minimum data requirements are complete, unless
otherwise negotiated by the region and state or prescribed by a
national initiative; and (13) (Optional) Other program activities
(e.g., using outcome data, compliance assistance, self-disclosure
programs, innovative approaches, etc.). In the interest of accuracy and
efficiency, the Framework also includes a four-step protocol for
managing the process: (1) Pre-review and offsite review; (2) onsite
review; (3) drafting of the report; and (4) composing the final report
and follow-up. After reviewing the level of performance based on
metrics developed to support the 12 required performance elements, EPA
will determine if a state or Region meets adequate performance levels.
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 in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 384
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: 50 states.
Estimated Number of Respondents: 40.
Frequency of Response: one time over a three year period.
Estimated Total Annual Hour Burden: 5,122.
Estimated Total Annual Cost: $169,035 including $0 annualized
capital or O&M costs.
Changes in the Estimates: N/A.
Dated: August 24, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-17361 Filed 8-30-05; 8:45 am]
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