View Information Collection Request (ICR) Package

OMB Control No: 2020-0031	ICR Reference No: 202304-2020-001
Status: Received in OIRA	Previous ICR Reference No: 202003-2020-001
Agency/Subagency: EPA/OECA	Agency Tracking No: 2185.08
Title: State Review Framework (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular	Date Submitted to OIRA: 04/28/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2025
Responses	43	11
Time Burden (Hours)	12,993	2,354
Cost Burden (Dollars)	0	0

Abstract: The State Review Framework (Framework) is an oversight tool designed to assess state performance in enforcement and compliance assurance. The Frameworks goal is to evaluate state performance by examining data to provide a consistent level of oversight and develop a uniform mechanism by which EPA Regions, working collaboratively with their states, ensure state environmental agencies consistently implement the national compliance and enforcement program to meet agreed-upon goals and standards. Furthermore, the Framework is designed to foster dialogue on enforcement and compliance performance between the states to enhance relationships and increase feedback, which leads to consistent program management and improved environmental results. Specifically, the Framework is a structured process to provide critical information on a states (or Regions, for states with EPA-implemented programs) core enforcement and compliance assurance performance by employing data in EPAs national databases and presented in management reports for each state. No new data collection is required for the national databases. Data from national databases is complimented by data obtained through file reviews of a state environmental agencys compliance and enforcement files. No new data is required in these files; however, they are reviewed to ensure proper and adequate documentation. The Framework process asks regions, states, and local governments to examine the existing data described above in four 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 and the Safe Drinking Water Act (SDWA). The EPA evaluates five (5) elements using data and file review metrics that require no new reporting burden. A new collection covered by this ICR relates to state criminal enforcement activity related to CAA, CWA and RCRA; however, the additional burden is minimal, given that the data is expected to be preexisting. The utility of the Frameworks metrics and the Implementation Guide are a direct result of the collaboration between states, EPA Regions, and EPA Headquarters. The five (5) elements are 1) Data (completeness, accuracy, and timeliness of MDR entry into national data systems); 2) Inspections (coverage, report completeness and timeliness); 3) Violations (accuracy of compliance and SNC/HPV determinations); 4) Enforcement (timeliness, appropriateness, return to compliance and criminal); and 5) Penalties (documentation of gravity, economic benefit, reduction in amount, and collection). 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 five required performance elements, and other information collected in the review process, EPA will determine if a state or Region meets minimum performance levels. This ICR also covers the Drinking Water Enforcement Review Pilot (DW ER Pilot), which wasnt covered in the previous ICR. Due to its similar structure and goals to the SRF, this ICR is an appropriate forum to meet OMB requirements. Goals of the DW ER Pilot include: (1) Provide a nationally consistent approach for periodic, retrospective oversight of drinking water enforcement primacy programs; (2) Establish clear expectations and a level playing field for Primacy Agencies; (3) Encourage EPA-Primacy agency collaboration to identify and address program challenges; and (4) Evaluate whether the primacy agency take timely and appropriate actions to address violations, properly escalate enforcement, and ensures return to compliance.

Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: Clean Air Act (CAA)
   US Code: 33 USC 1251 Name of Law: Clean Water Act (CWA)
   US Code: 42 USC 300 Name of Law: Safe Drinking Water Act (SDWA)
   US Code: 42 USC 6901 Name of Law: Resource Conservation and Recovery Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 57193	09/19/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 25636	04/27/2023
Did the Agency receive public comments on this ICR? Yes

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
State Review Framework

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	43	11	0	32
Annual Time Burden (Hours)	12,993	2,354	3,706	6,933
Annual Cost Burden (Dollars)	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an increase of 87 hours in the total estimated per-response burden compared with the ICR currently approved by OMB. This increase is due to the addition of the safe drinking water act enforcement review pilot and the collection and reporting of criminal enforcement data, which werent captured in the previous ICR. This pilot isnt formally part of the SRF, but the agency believes this ICR is an appropriate forum to collect input, due to their similarities in workload and purpose. At the conclusion of the pilot, the agency will review the program and if necessary, revise this ICR. It is appropriate to collect information on state criminal enforcement activity as criminal enforcement is one facet of overall enforcement and, at least for some states, is (or could be) a capitalized activity. In addition, there is an increase in the number of respondents from 54 to 213 due to inclusion of all media (CAA, CWA, RCRA and SDWA) for 50 states and 4 territories, and 14 local air districts. Previous ICRs included a single response for each state/territory, whereas this ICR utilized a different methodology to capture the burden more accurately. The burden estimates for CAA, CWA and RCRA are unchanged.

Annual Cost to Federal Government: $1,576,778

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Dave Hoffman 202 564-0725 hoffman.dave@epa.gov

View ICR - Agency Submission