Extension without change of a currently approved collection
No
Regular
Approved without change
05/04/2026
04/28/2023
In accordance with 5 CFR 1320, the information collection is approved. OMB reminds the agency to submit under the correct ICR type.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
05/31/2029
36 Months From Approved
05/31/2026
43
0
11
12,993
0
2,354
0
0
0
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.
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
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.
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.
2185ss08.docx
State Review Framework