[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Notices]
[Pages 21408-21410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8320]


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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 [email protected], or by mail

[[Page 21409]]

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: [email protected].

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

[[Page 21410]]

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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