[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Notices]
[Page 21408-21410]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-57]
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ENVIRONMENTAL PROTECTION AGENCY
[OECA-2005-0014; FRL-7903-6]
Agency Information Collection Activities: Proposed Collection;
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.
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 June 27, 2005.
ADDRESSES: Submit your comments, referencing docket ID number OECA-
2005-0014 to EPA online using EDOCKET (our preferred method), by e-mail
to docket.oeca@epa.gov, or by mail
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to: EPA Docket Center, Environmental Protection Agency, OECA Docket,
mail code 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
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; e-mail
address: horowitz.arthur@epa.gov.
SUPPLEMENTARY INFORMATION: 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 obtain a copy of the draft
collection of information, 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 existing
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 to the Regions and states. 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. No new data is required in these
files; however, they will be reviewed to ensure proper and adequate
documentation.
The Framework process asks regions, states and local governments to
examine the existing data described above 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 process looks at thirteen (13) elements. The EPA evaluates
the twelve (12) primary elements, and a thirteenth optional element,
using data and file review metrics that require no new reporting
burden. 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 the
pilot phase of the project, which helped to shape the Framework. OECA
is currently conducting an evaluation of pilot implementation, which
includes additional comments from the pilot states. The results of the
evaluation of the Framework's pilot program will be 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 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 date requirements are accurate; (12) The degree to which the
minimum data requirements are complete, unless otherwise negotiated by
the region and state are prescribed by a national
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initiative; and (13) (Optional) other program activities (e.g., using
outcome data, compliance assistance, coordination with State Attorneys
General). In the interest of accuracy and efficiency, the Framework
also includes a five-step protocol for managing the process: (1) Pre-
review; (2) offsite review; (3) onsite review; (4) drafting of the
report; and (5) composing the final report and follow-up. After
reviewing the level of performance based on the metrics developed under
the 12 required performance elements, and the thirteenth optional
element, EPA will determine if a state or Region meets minimum
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.
The EPA would like to solicit comments to:
(i) 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;
(ii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iii) 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 estimated burden for this Framework is 286.73
hours per respondent. The total number of respondents is 46, producing
an approximate total burden of 13,189.58 hours. For each respondent,
the proposed frequency of response is one time in a three-year cycle.
The projected cost burden to respondents is $437,113.62, which includes
a total capital and start-up component of $0.0, annualized over its
expected useful life, and a total operation and maintenance component
of $0.0. 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 19, 2005.
Michael Stahl,
Office Director, Office of Compliance, Office of Enforcement and
Compliance Assurance.
[FR Doc. 05-8320 Filed 4-25-05; 8:45 am]
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