[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51778-51780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17361]


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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 [email protected], 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: [email protected].

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 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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