Agency Information Collection Activities: Proposed Collection; Comment Request; State Review Framework; EPA ICR Number 2185.01, 21408-21410 [05-8320]
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21408
Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Notices
the threat to EIA’s Internet capabilities
is reduced.
This approach to timing of the
announcement of an impending
unscheduled release of a WNGSR
revision will allow for revisions to be
released as early as the same day the
need for a revision is identified
including situations in which the need
for a revision is identified shortly after
the WNGSR is released. It achieves this
result in a manner that should not create
unnecessary costs for users with limited
resources and helps to avoid potential
difficulties that might jeopardize the
operational integrity of EIA’s Internet
site.
Lastly, each new announcement that
EIA makes about the natural gas storage
data seems to have a significant
influence on market trading.
Announcement of a pending
unscheduled release likely will be
accompanied by price volatility or a
virtual suspension of trading, either of
which constitutes a disruption of
normal trading. As a result, it seems
prudent for EIA to adopt a threshold for
an unscheduled release of a revision
higher than the current 7 Bcf threshold
for a regularly scheduled revision to the
WNGSR. EIA selected a threshold of 10
Bcf. Using this threshold, EIA would
have had one unscheduled release of a
WNGSR revision between January 1,
2003, and March 31, 2005.
This new policy will become effective
with the WNGSR released on May 19,
2005, containing data as of May 13,
2005. This date was chosen to ensure
adequate time for developing and
testing unscheduled release procedures,
testing revised report formats, and
working with WNGSR customers on the
new formats. A test site for the modified
report formats (which will be
redesigned to accommodate revision
markers) will be provided in early May.
Information about the test site and
changes will be provided on the
WNGSR Web site in the first week of
May.
III. Current Actions
EIA is establishing a new policy for
the unscheduled release of revisions to
certain information disseminated in the
WNGSR. In establishing this new
policy, EIA recognizes the importance of
timeliness in providing revised storage
estimates. After considering all factors,
EIA decided to establish a policy
allowing for the unscheduled release of
WNGSR revisions on any Federal
workday at a set time between 2 and
2:10 p.m. after public notification
between 1 and 1:10 p.m. This timetable
would allow for a same-day correction
to a morning WNGSR release in the
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event that a significant error in the data
submitted by respondents or in EIA’s
processing of that data is discovered
shortly after it is issued.
This new policy will not apply to
scheduled releases such as changes in
methodology or estimation parameters,
which are scheduled and announced in
advance. It also will not apply to revised
estimates resulting from respondents
reclassifying gas already in underground
storage facilities (between working gas
and base gas inventories). Revisions
based on reclassifications of gas will
only be reported in the next regularlyscheduled release of the WNGSR. The
timing of a reclassification is often
discretionary for the respondent. Even
when it is not (e.g., it becomes final on
the basis of regulatory agency action),
the respondent has unique knowledge
related to a potential revision. In order
to limit the possible disruption to
markets caused by the reclassification of
previous working gas inventories,
reclassifications will be included in the
estimate for the next regularly
scheduled WNGSR release, no matter
when they are officially accounted for
by the respondent. Reclassifications
exceeding a 7 Bcf threshold will be
noted in the WNGSR text, although as
adjustments to the current week data,
they are not actually revisions. As a
result, reclassifications would not lead
to mid-week revisions which would be
known in advance by only one
respondent. All revisions that continue
to be disseminated in regularlyscheduled releases of the WNGSR will
be handled according to the revision
policy established in a prior notice
published in the Federal Register on
November 12, 2002 (67 FR 68581–
68583). That policy also appears in the
WNGSR Methodology documentation
available at https://tonto.eia.doe.gov/oog/
info/ngs/methodology.html#revisions.
(WNGSR), e-mail notification to selected
media, and an e-mail notice that will be
sent to all users of WNGSR data who
have signed onto a free distribution
service. There are two exceptions to the
release of revised WNGSR data on an
unscheduled basis. First, this
unscheduled release policy will not
apply to data changes resulting from
changes in the methodology or
estimation parameters. Second, revised
estimates due to respondents
reclassifying gas (between working gas
and base gas inventories) will be
reported only in regularly-scheduled
releases of the WNGSR.
EIA reserves the right to revisit or
amend this policy at any time at the
discretion of the Administrator.
However, EIA will provide prior
notification in the Weekly Natural Gas
Storage Report or the Federal Register
before implementing any changes.
EIA WNGSR Policy for Unscheduled
Release of Revisions
The unscheduled release of revisions
to weekly estimates of working gas held
in underground storage caused by data
changes or corrections when the
cumulative effect of these changes is at
least 10 Bcf shall be disseminated on a
Federal workday between 2 p.m. and
2:10 p.m. (Eastern Time) following
notice of the pending release to the
public between 1 p.m. and 1:10 p.m.
(Eastern Time). If a revision is made,
changes to all affected regions shall be
recorded in the 2–2:10 p.m. release.
Public notification will occur in a
number of ways including a Web site
notice of the impending release of
revised data that will replace the current
Weekly Natural Gas Storage Report
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 email to docket.oeca@epa.gov, or by mail
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Statutory Authority: Section 52 of the
Federal Energy Administration Act (Pub. L.
93–275, 15 U.S.C. 790a).
Issued in Washington, DC, April 20, 2005.
Guy F. Caruso,
Administrator, Energy Information
Administration.
[FR Doc. 05–8298 Filed 4–25–05; 8:45 am]
BILLING CODE 6450–01–P
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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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
https://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
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11:52 Apr 25, 2005
Jkt 205001
31, 2002), or go to https://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
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21409
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
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11:52 Apr 25, 2005
Jkt 205001
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]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–7901–8]
Proposed Penalty Order Issued Under
the Clean Water Act and Safe Drinking
Water Act; Notice of Intent To Provide
Internet Notice
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the Environmental Protection Agency
(EPA), Region 5, will issue notices of
proposed penalty orders issued under
the Clean Water Act and the Safe
Drinking Water Act via the Internet.
DATES: U.S. EPA Region 5 will
commence use of Internet notice on May
26, 2005.
ADDRESSES: The address of the Internet
notice site is: https://www.epa.gov/
region5/publicnotices.
FOR FURTHER INFORMATION CONTACT:
Richard R. Wagner, Senior Attorney
Office of Regional Counsel, U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, or telephone
him at (312) 886–7947.
SUPPLEMENTARY INFORMATION: By statute
the Administrator of EPA is required to
provide notice of many of its actions,
and his officers and staff commonly do
so through notification in newspapers of
general circulation. However, given the
current state of technology, Internet
notice may provide a more effective and
efficient means to provide such notice.
The benefits of such notice include the
speed with which such notices can be
delivered as well as the relatively low
cost to the public treasury of providing
such notices. In addition, in practice,
newspaper notices may not always
reach the broadest audience. This is for
two reasons. First, newspaper notices
are nearly always published on one day
only, irrespective of the length of any
associated comment period. Secondly,
in an attempt to provide notice to those
most likely to be affected by an action,
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notice is often published in local
newspapers. However, these
newspapers often have very finite
distribution areas, and, as a
consequence, interested individuals
outside those distribution areas may
have difficulty in obtaining the notices.
Internet notice would provide more
robust review of its proposed actions by
allowing the notice to remain available
to the public during the entirety of the
comment period, and by providing
access to a far greater audience than is
possible under current practices.
Benefits to the public include the
relative ease of access, and low cost of
access resulting from the opportunity to
access a larger number of notices, in one
place, for a longer period of time. We
recognize that not all members of the
public may have ready access to the
Internet, however due to the
considerations listed above, as well as
the general availability of the Internet
through schools, work and libraries, we
believe that Internet notice will likely
reach a larger audience than has the past
practice of publishing a notice in a
newspaper. Nonetheless, in particular
instances where we believe additional
notice may be helpful, we may
supplement the Internet notice with
newspaper notice, press release or other
forms of communication.
Under the authority of the
Administrator, Region 5 intends to
commence Internet notice only for a
subset of notices relating to proposed
penalty orders issued under Sections
309(g) and 311(b)(6) of the Clean Water
Act, 33 U.S.C 1319(g) and 33 U.S.C
1321(b)(6), respectively, as well as
Section 1423(c)(3) of the Safe Drinking
Water Act, 42 U.S.C. 300h–2(c)(3)(B).
Under these provisions, the
Administrator is authorized to assess
civil penalties for violations of the Clean
Water Act and the Safe Drinking Water
Act, after providing the alleged violator
notice of the proposed penalty and an
opportunity for a hearing. Notice of the
proposed penalty, and opportunity to
provide comment must also be provided
to interested members of the public. The
Administrator by rule at 40 CFR Part 22
provides that notice to the public may
be made ‘‘by a method reasonably
calculated to provide notice.* * *’’ 40
CFR 22.45(b)(2). Given the wide use of
the Internet among the public and the
relatively greater accessibility provided
by the Internet when compared to
traditional means of notice, Region 5
believes that Internet notice of these
orders meets the regulatory
requirements of 40 CFR 22.45(b)(2).
The Region notes that public notice of
certain proposed permitting actions
under the National Pollutant Discharge
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Agencies
[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Notices]
[Pages 21408-21410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8320]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[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: 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 https://
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 https://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]
BILLING CODE 6560-50-P