Pursuant to 5 CFR 1320.10, this ICR is disapproved as inconsistent with the Paperwork Reduction Act (PRA) of 1995 as enacted at 44 U.S.C. 3501 et seq. Section 3506(c)(2)(A) requires an agency to solicit comment prior to any collection of information from the public to evaluate the need for and practical utility of the proposed information collection and the accuracy of the agency's estimate of burden for the collection. This ICR is a generic clearance for the collection of data from potentially responsible parties at CERCLA sites, to evaluate the effectiveness of 15 Superfund Administrative Reforms. A generic clearance may be extended to information collections that consist of a general plan for collecting data and specific data collection tasks. In these cases, the specific data collection tasks must generally be submitted to OIRA for approval under the terms of clearance for the general plan. Under the draft implementing guidance for the PRA, OMB generally will not approve a generic clearance unless it meets four tests: (1) there is a demonstrated need for a generic strategy; (2) specific data collection tasks may be reviewed by a single OIRA desk officer within a short period of time; (3) the general plan addresses subject matter and employs methodologies that are free of controversy or any features that require particular justification and review under 5 CFR 1320; and (4) the general plan covers intended collections in enough detail that the consistency of each task with the plan is transparent. This ICR does not meet these tests. The Supporting Statement clearly states that the surveys will be used for program evaluation purposes, which routinely requires review by an OMB Program Examiner as well as a OIRA Desk Officer. The ICR implies that statistical methods may be used, but a statistical plan is not provided to detail the sampling and analysis methodologies. It is likely that any survey task submitted for approval under this clearance would require substantive review beyond the scope of what is intended under test 3 above. Furthermore, the generality of the Agency's description of the proposed collection is such that it would be difficult for a member of the public to provide meaningful comments on it. The Supporting Statement also suggests that the collection could be characterized as a series of customer satisfaction surveys. Generic clearances for customer satisfaction surveys are reserved for low-burden data collections such as response cards, focus groups, and surveys related to customer satisfaction -- not program evaluation, which is the subject of this ICR (as its title indicates). Because the proposed generic ICR package does not meet the four tests listed above and is inconsistent with the intent of the PRA to grant a meaningful opportunity for public comment, this collection is disapproved. OMB encourages EPA to submit "bundled" final survey instruments and statistical plans for approval pursuant to the normal PRA notice and comment process characterized in 44 U.S.C. 3506 and codified at 5 CFR 1320. This approach would allow for a more appropriate streamlined approval process, compared to 15 single ICR packages, while providing adequate opportunity for public comment.
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During the last 3-5 years, EPA's Office of Site Remediation Enforcement (OSRE), in conjunction with EPA's Office of Emergency and Remedial Response (OERR), has been implementing a series of administrative reforms in the Superfund program. These reforms are an effort to make Superfund a faster, fairer, and more efficient program for all parties involved. With 3-5 years of implementation past for a number of these reforms, OSRE is interested in learning how well these administrative reforms have worked and whether they have achieved their stated intentions in the eyes of the external stakeholders whom the reforms were....
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
EPA Office of Site Remediation Enforcement Generic Program Evaluation ICR