Agency Information Collection Activities: Submission to OMB for Review and Approval; Comment Request; State Review Framework; EPA ICR Number 2185.01, 51778-51780 [05-17361]
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51778
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices
6403J, Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; telephone
number: (202) 343–9264; fax number:
(202) 343–2804; email address: reyesmorales.nydia@epa.gov.
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 May 31, 2005, (70 FR 30943), EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments.
EPA has established a public docket
for this ICR under Docket ID Number
OAR–2005–0121, which is available for
public viewing at the Air and Radiation
Docket and Information Center in the
EPA Docket Center (EPA/DC), EPA
West, Room B102, 1301 Constitution
Avenue, 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 Air
and Radiation Docket and Information
Center is (202) 566–1742. 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
appropriate docket ID number as
identified below.
Any comments related to this ICR
should be submitted to EPA and OMB
within 30 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,
confidential business information (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
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16:33 Aug 30, 2005
Jkt 205001
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.
Title: Exclusion Determinations for
New Non-road Spark-ignited Engines at
or Below 19 Kilowatts, New Non-road
Compression-ignited Engines, New
Marine Engines, and New On-road
Heavy Duty Engines (Renewal)
Abstract: Under the provisions of the
Clean Air Act (Act), the Administrator
is required to promulgate regulations to
control air pollutant emissions from
‘‘motor vehicles’’ and ‘‘non-road
engines’’, as defined in the Act. Motor
vehicles and non-road engines not
meeting the applicable definitions are
excluded from compliance with current
regulations.
A manufacturer may make an
exclusion determination by itself;
however, manufacturers and importers
may routinely request EPA to make such
determination to ensure that their
determination does not differ from the
Agency’s. To request an exclusion
determination, manufacturers submit a
letter with a description of the engine
and/or vehicle (engine type, horsepower
rating, intended usage, etc.) and a sales
brochures to the Engine Programs Group
(EPG), Certification and Compliance
Division, Office of Transportation and
Air Quality. EPG uses this information
to determine whether the engine or
vehicle is excluded from compliance
with one or more emission regulations.
EPG then stores the data in its internal
files, and makes it available to
environmental groups and the public
upon request under the Freedom of
Information Act.
Responses to this collection are
voluntary. Confidentiality to proprietary
information is granted in accordance
with the Freedom of Information Act,
EPA regulations at 40 CFR part 2, and
class determinations issued by EPA’s
Office of General Counsel.
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 7 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
PO 00000
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Fmt 4703
Sfmt 4703
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: Light
Truck and Utility Vehicle
Manufacturers; Heavy Duty Truck
Manufacturers; Gasoline Engine and
Engine Parts Manufacturers;
Construction Machinery Manufacturers;
Industrial Truck, Tractor, Trailer, and
Stacker Machinery Manufacturers;
Marine Engine Manufacturers; Other
Engine Equipment Manufacturers
Estimated Number of Respondents: 12
Frequency of Response: One time
voluntary
Estimated Total Annual Hour Burden:
69
Estimated Total Annual Cost: $5,654,
which includes $0 annualized capital/
startup costs, $116 annual O&M costs,
and $5,538 annual labor costs.
Changes in the Estimates: There is no
change in the total estimated burden
hours currently identified in the OMB
Inventory of Approved ICR Burdens.
Dated: August 23, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05–17355 Filed 8–30–05; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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
E:\FR\FM\31AUN1.SGM
31AUN1
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices
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.
Submit your comments,
referencing docket ID number OECA–
2005–0014 to (1) EPA online using
EDOCKET (our preferred method), by
email to docket.oeca@epa.gov, 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.
ADDRESSES:
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:
horowitz.arthur@epa.gov.
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 https://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.
VerDate Aug<18>2005
16:33 Aug 30, 2005
Jkt 205001
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
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Fmt 4703
Sfmt 4703
51779
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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31AUN1
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Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices
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, selfdisclosure 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
VerDate Aug<18>2005
16:33 Aug 30, 2005
Jkt 205001
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]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[OAR–2002–0073; FRL–7963–3]
Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Recordkeeping and Periodic
Reporting of the Production, Import,
Export, Recycling, Destruction,
Transhipment, and Feedstock Use of
Ozone-Depleting Substances
(Renewal), EPA ICR Number 1432.25,
OMB Control Number 2060–0170
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this document announces
that an Information Collection Request
(ICR) has been forwarded to the Office
of Management and Budget (OMB) for
review and approval. This is a request
to renew an existing approved
collection. This ICR is scheduled to
expire on August 31, 2005. This ICR
describes the nature of the information
collection and its estimated burden and
cost.
DATES: Additional comments may be
submitted on or before September 30,
2005.
ADDRESSES: Submit your comments,
referencing docket ID number OAR–
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
2002–0073, to (1) EPA online using
EDOCKET (our preferred method), by email to a-and-r-Docket@epa.gov, or by
mail to: Environmental Protection
Agency, EPA Docket Center (EPA/DC),
Air and Radiation Docket and
Information Center, Mail Code 6102T,
1200 Pennsylvania Avenue, 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:
Kirsten M. Cappel, Office of
Atmospheric Programs, Stratospheric
Protection Division, Mail Code 6205J,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone
number: (202) 343–9556; fax number:
(202) 343–2338; e-mail address:
cappel.kirsten@epa.gov.
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 June 14th, 2005 (70 FR 34470) EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments.
EPA has established a public docket
for this ICR under Docket ID No. OAR–
2002–0073 which is available for public
viewing at the Air and Radiation Docket
and Information Center in the EPA
Docket Center (EPA/DC), EPA West,
Room B102, 1301 Constitution Avenue,
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 Air and
Radiation Docket and Information
Center is (202) 566–1742. An electronic
version of the public docket is available
through EPA Dockets (EDOCKET) at
https://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 and OMB
within 30 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,
E:\FR\FM\31AUN1.SGM
31AUN1
Agencies
[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51778-51780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17361]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 51779]]
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 docket.oeca@epa.gov, 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: horowitz.arthur@epa.gov.
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 https://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
[[Page 51780]]
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]
BILLING CODE 6560-50-P