[Federal Register Volume 62, Number 183 (Monday, September 22, 1997)]
[Notices]
[Pages 49512-49513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25091]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5896-2]


Agency Information Collection Activities: Proposed Collection; 
Emergency Clearance Request; Comment Request; State Use of EPA's Policy 
on Compliance Incentives for Small Businesses or Comparable State 
Policy on Reducing Penalties for Small Entities/State Use of Penalty 
Reduction Policies for Small Entities

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 notice announces that EPA has submitted an emergency 
clearance request for the following proposed Information Collection 
Request (ICR) to the Office of Management and Budget (OMB): State Use 
of EPA's Policy on Compliance Incentives for Small Businesses or 
Comparable State Policy on Reducing Penalties for Small Entities. The 
emergency clearance request has been submitted for emergency processing 
within 14 days. During this time period, EPA is soliciting comments on 
specific aspects of the proposed information collection. The Agency is 
seeking this Information Collection Request to cover a six month 
period. The Agency is preparing another Information Collection Request 
that will go through full approval process to cover subsequent requests 
for information concerning State use of EPA's Policy on Compliance 
Incentives for Small Businesses or similar State penalty reduction 
policies/programs for small entities.

DATES: Please submit comments on or before October 6, 1997.

ADDRESSES: U.S. EPA, Office of Enforcement and Compliance Assurance 
(2201A) 401 M St., SW., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Karin Leff, 202-564-7068/202-564-0037 
fax, Leff.Karin @ EPAmail.EPA.gov.

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
the individuals in each state responsible for implementing EPA's Policy 
on Compliance Incentives for Small Businesses or comparable state 
policies reducing penalties for small entities.
    Title: State Use of EPA's Policy on Compliance Incentives for Small 
Businesses or State Policy on Reducing Penalties for Small Entities.
    Abstract: Section 223 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA) requires EPA to report to Congress no 
later than March 29, 1998, on the impact of its program or policy to 
reduce/waive penalties for small entities including the scope of its 
program or policy, the number of enforcement actions against small 
entities that qualified/did not qualify for the program or policy and 
the total amount of penalty reductions/waivers. EPA's program consists 
of its Policy on Compliance Incentives for Small Businesses (Small 
Business Policy), Policy on Flexible State Enforcement Responses to 
Small Community Violations and Incentives for Self-Policing: Discovery, 
Disclosure, Correction and Prevention of Violations policy. These 
policies waive or reduce penalties for entities who discover first-time 
violations through on-site government-sponsored compliance assistance 
or audits, promptly disclose and correct the violations and meet 
certain other criteria. The Agency is tracking the use of these 
policies by the ten EPA Regions. However, the Policy on Compliance 
Incentives for Small Businesses (Small Business Policy) will

[[Page 49513]]

be implemented primarily in the states as states are delegated the 
majority of EPA programs and will be the predominant providers of on-
site compliance assistance. States may be implementing EPA's small 
business policy or a comparable state policy. Accordingly, in order to 
report comprehensively to Congress on the impact of the Agency's 
program to reduce/waive penalties for small entities, it is important 
that EPA obtain information from the states on their implementation of 
a comparable policy or program.
    EPA, working alone or with state-affiliated organizations, will 
send a brief questionnaire to each state environmental regulatory 
agency . Specifically, the Agency will request information on: the 
scope of a state's program or policy to reduce/waive penalties for 
small entities, the number of enforcement actions against small 
entities that qualified/did not qualify for the program or policy, the 
total amount of penalty reductions/waivers and the behavioral/
environmental impact of a state's program or policy. Responses to the 
collection of information are voluntary. This information will enable 
the Agency to: fulfill its statutory obligation to Report to Congress; 
better understand the impact of its Small Business Policy or comparable 
state policies on small entities and the environment; tailor its 
policies and programs to assist small entities in complying with 
regulatory requirements and reduce or waive penalties levied on first-
time violators. The information, in addition, will be used by Congress 
to evaluate the implementation of the Small Business Regulatory 
Enforcement Fairness Act of 1996.
    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 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 total burden of responding to the 
questionnaire is summarized by the following information: Review 
instructions (.25 person/hour); Collection/aggregation and validation 
of information (10 person/hours); Filling out the questionnaire (.5 
person/hours). The average hourly burden to the states for this one-
time report to Congress is estimated to be 10.75 person/hours. The 
respondent costs have been calculated on the basis of $33 per hour for 
a total of $354.75. The total cost burden for this one-time report to 
Congress for all states is estimated to be $17,737.50. 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: September 12, 1997.
Elaine G. Stanley,
Director, Office of Compliance.
[FR Doc. 97-25091 Filed 9-19-97; 8:45 am]
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