1

INFORMATION COLLECTION REQUEST

SUPPORTING STATEMENT

FOR

State Review Framework

August 24, 2010

U.S. Environmental Protection Agency

Office of Compliance
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TABLE OF CONTENTS

Part A

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

1(b) Short Characterization/Abstract

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

2(b) Practical Utility/Users of the Data

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

3(b) Public Notice Required Prior to ICR Submission to OMB

3(c) Consultations

3(d) Effects of Less Frequent Data Collection

3(e) General Guidelines

3(f) Confidentiality

3(g) Sensitive Questions

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/SIC Codes

4(b) Information Requested

5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

5(b) Collection Methodology and Management

5(c) Small Entity Flexibility

5(d) Collection Schedule

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

6(b) Estimating Government Burden

6(c) Bottom Line Burden and Cost Table

6(d) Reasons for Change of Burden

6(e) Burden Statement

Part B

This part is not applicable because no statistical methods were used in collecting this 

information.
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Part A

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

ICR: State Review Framework (EPA ICR Number 2185.04)

OMB Control Number: N/A

“State Review Framework”

1(b) Short Characterization/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 and standards. 

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. 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 agency’s 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 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. These stakeholders provided extensive input and comments which helped to shape the 

Framework. OECA completed evaluations of pilot and full implementation stages of the review 

process, which included input from the pilot states. The results of these evaluations have been

used to improve the Framework and further ensure that it is narrowly crafted and only collects

information that satisfies the Agency’s needs.

The thirteen (13) elements mentioned above are: (1) Degree to which data in national system 

reflect regulated universes, state activities, and compliance monitoring findings; (2) Degree to 
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which data reported into the national system is accurately entered and maintained (example, 

correct codes used, dates are correct, etc.). (3) Degree to which required data was entered into the 

national database in a timely manner; (4) Degree to which all enforcement/compliance 

commitments in relevant agreements (i.e., PPAs, PPGs, categorical grants, CMS plans, 

authorization agreements, etc.) are met and any products or projects are completed; (5) Degree to 

which state completed the universe of planned inspections/compliance evaluations (addressing 

core requirements and federal, state and regional priorities); (6) Degree to which inspection or

compliance evaluation reports properly document observations, are completed in a timely 

manner, and include accurate description of observations; (7) Degree to which compliance 

determinations are accurately made and promptly reported in the national database based upon 

compliance monitoring report observations and other compliance monitoring information (e.g., 

facility-reported information); (8) Degree to which the state accurately identifies significant

noncompliance/high priority violations and enters information into the national system in a 

timely manner; (9) Degree to which state enforcement actions include required corrective action 

(i.e., injunctive relief or other complying actions) that will return facilities to compliance in a 

specific time frame; (10) Degree to which a state takes timely and appropriate enforcement 

actions in accordance with policy relating to specific media; (11) Degree to which state 

documents in its files that initial penalty calculation includes both gravity and economic benefit 

calculations, appropriately using the BEN model or other method that produces results consistent 

with national policy; (12) Degree to which differences between initial and final penalty are 

documented in the file along with a demonstration in the file that the final penalty was collected;

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 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 other information collected in the review process,

EPA will determine if a state or Region meets minimum performance levels.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

The purpose of this collection is to assess state performance in core enforcement and compliance 

assurance programs. The goals are 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 meeting agreed-upon goals. It is important to note 

that all data requested by this collection is currently in EPA’s or the state’s databases and 

enforcement and compliance files. No additional monitoring or sampling will be required by this 

ICR.

While the data that the Agency will collect is pre-existing, the Agency is permitted to review the 

states’ Clean Air Act, Stationary Source program, the Solid Waste Disposal Act, Subtitle C 

program, and the Clean Water Act, National Pollutant Discharge Elimination System permit 
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program to ensure minimum performance levels are met. The Agency’s oversight authority for 

the aforementioned programs are:

(1) Clean Air Act, Stationary Source program:

Section 114 allows collection of information from states. Specifically, the collection of the 

requested information is authorized by 40 CFR 70.4(j)(1), which states that “[a]ny information 

obtained or used in the administration of a State program shall be available to EPA upon request 

without restriction and in a form specified by the Administrator, including computer-readable 

files to the extent practicable,” and 40 CFR 70.10(c)(1)(iii), which addresses EPA oversight of 

State and local agencies’ compliance and enforcement efforts for major sources under Title V 

operating permit programs.

(2) Solid Waste Disposal Act, Subtitle C program:

The Act refers to activities at companies that generate hazardous waste. At §3007, the Agency is 

permitted to have access to and request records regarding hazardous waste generating activities. 

Additionally, 40 CFR 271.17(a) authorizes EPA, upon request without restriction, access to 

“[a]ny information obtained or used in the administration of a State program.”

(3) Clean Water Act, NPDES program:

The Act refers to activities involving the discharge of materials into waters of the United States. 

At §308, the Agency is permitted to review records to determine compliance with effluent 

limitations or treatment performance standards. Further, the NPDES state program regulations 

provide that “[a]ny information obtained or used in the administration of a State program shall 

be available to EPA upon request without restriction." 40 CFR 123.41. Also, 40 CFR 123.43 

requires states to provide EPA with information on NPDES program implementation.

The information collected through this ICR will aid the Agency in achieving EPA’s Strategic 

Plan goal to increase compliance and environmental stewardship. This goal was developed in 

response to the 1993 Government Performance and Results Act and is described in EPA’s 2006 -

2011 Strategic Plan, Goal 5, “Compliance and Environmental Stewardship.”

2(b) Practical Utility/Users of the Data

EPA will use the data obtained from the collection to determine if a state or Region meets 

minimum performance levels. Such a determination is necessary to recognize states that are 

performing well and to provide assistance to states that are not meeting minimum performance 

levels.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication
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The information to be obtained under this ICR has not been collected by EPA or any other 

federal agency.

3(b) Public Notice Required Prior to ICR Submission

On April 14, 2010, EPA published a pre-ICR Federal Register Notice announcing its intent to 

request to renew an existing approved ICR for the State Review Framework to OMB. 

Attachment A includes a copy of this Federal Register Notice. EPA received no comments to 

the Federal Register Notice.

3(c) Consultations 

EPA consulted with several key state and media associations in the course of developing the 

State Review Framework. The leadership and membership of these organizations were 

instrumental in helping OECA develop the initial concept for the State Review Framework, in 

working to develop the main components and metrics, completing pilot projects and providing 

input into its evaluation. These associations are:

ECOS

ASIWPCA

ASTSWMO

STAPPA/ALAPCO

The main contacts with these organizations are:

Environmental Council of States (ECOS)

Steve Thompson

Executive Director

Oklahoma Department of Environmental Quality

405-702-7163

President of ECOS

Carolyn Hanson

Deputy Executive Director

ECOS

202-624-3665

Association of State and Interstate Water Pollution Control Administrators (ASIWPCA)

Linda Eichmiller

Executive Director

ASIWPCA

Washington, DC

202-756-0600
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Association of State and Territorial Solid Waste Management Officials (ASTSWMO)

Dania Rodriguez

Deputy Executive Director

ASTSWMO

202-624-5973

National Association of Clean Air Agencies (NACAA)

Misti Duvall

Staff Associate

444 North Capital St NW, Suite 307

Washington, DC 20001

202-624-7864

mduvall@4cleanair.org

Eddie Terrill

NACAA Co-Chair, Enforcement & Compliance Committee

405-702-4155

Eddie.terrill@deq.ok.gov

Richard Stedman

NACAA Co-Chair, Enforcement & Compliance Committee

360-586-1044

rstedman@mbuapcd.org

3(d) Effects of Less Frequent Data Collection

Each respondent will report only one time every four years.

3(e) General Guidelines

This information collection is consistent with OMB guidelines contained in 5 CFR 1320.5(d)(2).

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will be 

safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B -

Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; 

amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, 

March 23, 1979).

3(g) Sensitive Questions
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The collection in this ICR does not contain any sensitive questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents and SIC Codes

Respondents potentially affected by this action are 10 EPA Regional Offices, 50 States, 4 

Territories, and 40 Local Agencies. Based on our experience, we believe the true number of 

respondents for this ICR will primarily be 10 EPA Regional Offices, fifty (50) states and 4 (four) 

territories. There are no SIC codes for the Respondents.

4(b) Information Requested

(i) Data items, including recordkeeping requirements

The State Review Framework requests information on the contribution of state enforcement 

activities to federally delegated programs. There are no recordkeeping requirements associated 

with this collection. 

The collection process will compile information on the state’s enforcement and compliance 

activities, including inspection coverage, enforcement timeliness and appropriateness, penalty

calculations and fines collected, and data quality, accuracy and completeness. 

(ii) Respondent Activities

Respondent will engage in the following activities during the Framework process:

1. Pre-Review and Offsite Review

Review elements and metrics

Train/brief state staff & managers on review substance and process.

Collect files, policies, data sets, reports, and review and correct the national data.

2. Onsite Review

Participate in kick-off meeting.

Assist/facilitate EPA review of files and data sets

Participate in discussion of program with EPA

3. Report Drafting

Review and comment on draft report

4. Coordination of Parts 1, 2 & 3

Coordination of review with the state agency

Coordination of the review within EPA
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5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Agency activities associated with the State Review Framework consist of the following:

(1) Review elements and metrics

(2) Train/brief state staff & managers on review substance and process

(3) Collect files, policies, data sets, reports, and review and correct the national data.

(4) Participate in kick-off meeting.

(5) Assist/facilitate EPA review of files and data sets

(6) Participate in discussion of program with EPA

(7) Review and comment on draft report

(8) Coordination of review with the state agency

(9) Coordination of the review within EPA

5(b) Collection Methodology and Management

The Agency will provide respondents with guidelines and training for conducting the review that 

will ensure a consistent approach to the reviews. Over the course of the review process the 

Agency will work with the states and provide assistance as necessary. All of the state reports 

will be submitted electronically. National data used to assess state performance already resides 

in various EPA databases. These data are covered by other Information Collection Requests or 

regulatory language. Additional data will come from the review of state inspection and 

enforcement files, which is the data that are to be collected based on this request.

5(c) Small Entity Flexibility

Small entities will not be affected as the collection will only be completed by EPA Regions, 

States and territories.

5(d) Collection Schedule

Each Respondent will complete the four-step protocol for managing the process one time every

four years: (1) pre-review and offsite review, including a review and correction of the data of the 

national data; (3) onsite review; (4) drafting of the report; and (5) composing the final report and 

follow-up. In the initial year, twenty (20) states are scheduled to complete the review process. 

In the second year another twenty (20) states are scheduled with the remaining ten states 

completing the review process in year three.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden and Costs
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The estimated total hour burden for response is 612 hours per respondent. This burden hour 

estimate translates to a cost of $21,852.38 per entity that voluntarily completes the survey

resulting in the total of $1,180,028.52. There is no recurring respondent burden associated with 

this ICR. No capital or operations and maintenance costs are incurred by respondents under this 

ICR.

The labor costs in the following table are based on the following average labor rates:

Legal: $38.89 (State Government Lawyer)

Managerial: $36.98 (State Managers)

Technical: $35.82 (Math and Science)

Clerical: $15.49 (Office and Administrative Support)

These rates are from the United States Department of Labor’s, Bureau of Labor Statistics, “May

2008 National Occupational Employment and Wage Estimates,” 

http://www.bls.gov/oes/2008/may/naics4_999200.htm

http://www.bls.gov/oes/current/oes150000.htm

http://www.bls.gov/OES/current/oes430000.htm.

Table 1. Respondents’ Burden and Costs

Information Collection

Activity

Legal

$38.89/

hour

Man.

$36.98/

hour

Tech.

$35.82/

hour

Cler.

$15.49/

hour

Cap./

Startup cost

Oper. 

and 

Maint.

(O&M 

cost)

1. Pre-Review and Offsite 

Review

Review elements and metrics and 

prepare data discrepancy response 6.5 56.17 96.92 0

$0.0 $0.0

Train/brief state staff & managers 

on review substance and process. 2 23.42 31.17 0 $0.0 $0.0

Collect files, policies, data sets, 

reports etc. 1.67 20.83 46.58 19.83 $0.0 $0.0

2. Onsite Review

Participate in kick-off meeting. 2.83 20.17 9.33 0 $0.0 $0.0

Assist/facilitate EPA review of 

files and data sets .67 33.75 57.58 0

$0.0 $0.0

Participate in discussion of 

program with EPA 2 22.33 23.67 0

$0.0 $0.0

3. Report Drafting
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Information Collection

Activity

Legal

$38.89/

hour

Man.

$36.98/

hour

Tech.

$35.82/

hour

Cler.

$15.49/

hour

Cap./

Startup cost

Oper. 

and 

Maint.

(O&M 

cost)

Review and comment on draft 

report 1.5 45.33 35.33 0

$0.0 $0.0

4. Coordination of 

Parts 1, 2 & 3

Coordination of review with the 

state agency 0 12 18.33 0

$0.0 $0.0

Coordination of the review within

EPA 0 8.23 13.83 0

$0.0 $0.0

TOTAL HOURS/Respondent 17.17

($38.89)

242.2

($36.98)

332.8

($35.82)

19.83

($15.49)

LABOR COST/Respondent $667.75 $8,956.56 $11,920.90 $307.17

No. of Respondents: 54 Total hours: 612/Respondent x 54

Respondents = 33,048 over 3 years 

or 11,016 annually

Total Cost: $21,852.38/Respondent 

x 54 respondents = $1,180,028.52

over 3 years or $393,342.84

annually

6(b) Estimating Agency Burden

EPA Regions I through X will participate in the State Review Framework process and the 

following table details the hour and cost burden per region. These rates are from the Office of 

Personnel Management (OPM) “2010 General Schedule” which excludes locality rates of pay.

The cost for the Regional table (Table 2) is based on the average hourly labor rate as 

follows:

Legal $45.99 (GS-14, Step 5) 

Managerial $38.92 (GS-13, Step 5)

Technical $28.88 (GS-12, Step 1)

Clerical $15.63 (GS-6, Step 3)

The cost for the Headquarters table (Table 3) is based on the average hourly labor rate as 

follows:

Legal $57.13 (GS-14, Step 5)

Managerial $48.35 (GS-13, Step 5)
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Technical $35.88 (GS-12, Step 1)

Clerical $19.41 (GS-6, Step 3)

These rates are from the Office of Personnel Management (OPM) “2010 General 

Schedule” and includes the locality payment for the Washington D.C. area.

Table 2. Agency Burden and Cost (per Region)

Information Collection

Activity

Legal

$45.99/

hour

Man.

$38.92/

hour

Tech.

$28.88

/hour

Cler.

$15.63/

hour

Capit

al/

Startup 

cost

Oper. 

and 

Maint. 

(O&M 

cost)

1. Pre-Review and Offsite Review

Review elements and metrics and prepare 

data discrepancy response 0 6.25 32.25 0 0 0

Train/brief state staff & managers on 

review substance and process. 0 11 20.25 0 0 0

Collect files, policies, data sets, reports etc. 0 4 19.25 0 0 0

2. Onsite Review

Participate in kick-off meeting. .75 3 9 0 0 0

Assist/facilitate on-site review of files and

data sets 0 29.5 127.5 0 0 0

Participate in discussion of program with 

state 0 3 12 0 0 0

3. Report Drafting

Review and comment on draft report 0 21.5 81 0 0 0

4. Coordination of Parts 1, 2 & 3

Coordination of review with the state 

agency 0 2.89 11 0 0 0

Coordination of the review within EPA

0 2.33 17 0 0 0

Total Agency hours 0.75 73.47 329.25 0 0.0 0.0

Total Agency costs 34.49 $2,859.45 $9,508.74 $0 0.0 0.0

TOTAL REGIONAL AGENCY HOURS: 403.47 (x 10 Regions = 4034.7)

TOTAL REGIONAL AGENCY COST: $12,402.68 x 10 Regions = $124,026.80)
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Table 3. Agency Burden and Cost (Headquarters)

Information Collection

Activity

Legal

$57.13/

hour

Man.

$48.35/

hour

Tech.

$35.88

/hour

Cler.

$19.41/

hour

Capital/

Start-up 

cost

Oper. 

and 

Maint.

(O&M 

cost)

1. Pre-Review and Offsite Review

Train/brief state and region staff & 

managers on review substance and 

process. 0 3 3 0 0 0

Collect files, policies, data sets, 

reports etc. 0 0 2 5 0 0

2. Onsite Review

Participate in kick-off meeting. 1 1 1 0 0 0

Participate in discussion of the 

program with the Regions 5 5 10 0 0 0

3. Report Drafting

Review and comment on draft report 5 5 15 0 0 0

4. Coordination of Parts 1, 2 & 3

Coordination of the review within

EPA 0 2 2 0 0 0

TOTAL

11 16 33 5 0 0

TOTAL COST

$628.43 $773.60 $1184.04 $97.05 0.0 0.0

TOTALS

 Hours: 65 Labor Cost: $2,683.12

6(c) Bottom Line Burden Hours and Cost Tables

Table 4. Total Estimated Respondent Burden and Cost Summary (over 3 years)

No. of 

Respondents

No. of 

Activities Total hours

Total Labor 

Costs

Total 

Capital and 

Start-up 

costs

Total 

Annual 

O&M costs

Respondent 54 9 33,048 $1,180,028.52 $0.0 $0.0
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Table 5. Total Estimated Agency Burden and Cost Summary

No.of 

Activities Total hours Total Labor Costs

Total 

Capital 

and 

Start-up 

costs

Total 

Annual 

O&M costs

Regions 9

4,034.7 (for all ten 

regions)

$124,026.80 (for all ten 

regions) $0.0 $0.0

Headquarters 6 65 $2,683.12 $0.0 $0.0

6(d) Reasons for Changes in Burden

There has been no increase in the hours in the total estimated respondent burden compared with 

that identified in the ICR currently approved by OMB. There has been an increase in the cost in 

the total estimated respondent burden based on rates from the Office of Personnel Management 

(OPM) “2010 General Schedule.”

 

6(e) Burden Statement

The average annual respondent burden for each state is 612 hours. This estimate includes 

time for (1) reviewing and correcting the national data and the metrics; (2) training and briefing 

state staff & managers on review substance and process; (3) collecting files, policies, data sets, 

reports etc.; (4) participating in kick-off meetings; (5) assisting/facilitating EPA review of files 

and data sets; (6) participating in discussion of program with EPA; (7) reviewing and 

commenting on draft report; (8) coordinating of review with the state agency; and (9) 

coordinating of the review within EPA. There is no record keeping burden for this collection as 

the State Review Framework does not include record keeping requirements. 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. 

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a valid OMB Control Number. The OMB Control 

Numbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 
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Docket ID Number EPA-OECA-2010-0291, which is available for public viewing at the 

Enforcement and Compliance Docket and Information Center in the EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., Washington, D.C. 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) 566-1752. An electronic version 

of the public docket is available at http://www.regulations.gov. Use http://www.regulations.gov

to submit or view public comments, to access the index listing of the contents of the public 

docket, and to access those documents in the public docket that are available electronically. 

When in the system, select “search,” then key in the Docket ID Number identified above. You 

can also send comments to the Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention: Desk 

Officer for EPA. Please include the EPA Docket ID Number EPA-OECA-2010-0291 in any 

correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this 

information.