[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8534-8537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4010]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0124; FRL-8776-5]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Auto-Body Compliance Assessment Pilot Project; EPA ICR 
No. 2344.01, OMB Control No. 2009-NEW

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request for a new Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). If approved, the ICR would allow 
EPA to pilot in EPA Region 1 (New England) an approach to assessing the 
effectiveness of compliance assistance in improving environmental 
performance. The ICR would authorize the administration of surveys, by 
telephone and on-site, to a random sample of auto-body shops subject to 
Subpart HHHHHH National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources (NESHAP Subpart HHHHHH). Before submitting 
the ICR to OMB for review and approval, EPA is soliciting comments on 
specific aspects of the proposed information collection as described 
below.

DATES: Comments must be submitted on or before April 27, 2009.

ADDRESSES: Submit your comments identified by Docket ID No. EPA-HQ-
OECA-2009-0124. While EPA encourages electronic submittals, you can 
submit comments by any one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#1a727b6877757434717f74747f6e725a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="1c747d6e71737232777972727968745c796c7d327b736a">[email protected]</span></a>.
    <bullet> Fax: (202) 564-7083.
    <bullet> Mail: Environmental Protection Agency, Mailcode: 2224A, 
1200 Pennsylvania Ave., NW., Washington, DC 20460.
    <bullet> Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301 
Constitution Ave., NW., 20460. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2009-0124. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov website 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment

[[Page 8535]]

that is placed in the public docket and made available on the Internet. 
If you submit an electronic comment, EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Kenneth Harmon, Office of Compliance, 
(2224A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-7049; fax number: 
(202) 564-7083; e-mail address: <a href="/cdn-cgi/l/email-protection#4f272e3d22202161242a21212a3b270f2a3f2e61282039"><span class="__cf_email__" data-cfemail="1f777e6d72707131747a71717a6b775f7a6f7e31787069">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OECA-2009-0124, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the OECA Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC 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.
    Use http://www.regulations.gov to obtain a copy of the draft survey 
instruments, submit or view public comments, access the index listing 
of the contents of the 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 in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-OECA-2009-0124.
    Affected entities: Entities potentially affected by this action are 
auto-body repair shops (NAICS code 81112) in EPA Region 1 (comprised of 
the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, and Vermont) and subject to NESHAP Subpart HHHHHH, 40 CFR Part 
63 (under the authority of the Clean Air Act, 42 U.S.C. 7401, et seq.). 
Using geographic and demographic factors (and most likely focusing on 
low-income areas) EPA will select a population or populations from one 
or more of these states from which to draw a sample of perhaps 1,400 
shops to survey. EPA may also survey a control or comparison group of 
auto-body shops outside of Region 1, if it can identify population of 
shops with geographic and demographic factors similar to the Region 1 
shops in a state where assistance like the assistance in Region 1 has 
not been offered.

Title: Auto-Body Compliance Assessment Pilot Project

    ICR numbers: EPA ICR No. 2344.01, OMB Control No. 2009-NEW.
    ICR status: This ICR is for a new information collection activity. 
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 title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, and are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: The purpose of the ICR is to authorize the collection of 
information by the U.S. Environmental Protection Agency (EPA) to 
evaluate whether and how EPA's specific compliance assistance 
activities in Region 1 helped owners/operators of auto-body shops 
improve their operations. This ICR does not involve ``fact-finding'' 
for the purposes of regulatory development or enforcement. The 
information obtained will not be used to make major policy decisions. 
No confidential or sensitive data will be collected under this ICR. 
This is a pilot project designed to help EPA improve its data 
collection methods and improve its analyses of the Agency's compliance 
assistance program.
    The assistance provided to the auto-body shop owner/operators in 
this pilot will include: (1) Basic information about the applicable 
regulations in the form of fact-sheets and post-cards referring the 
owner/operators to EPA's website for additional information; (2) 
informational workshops in the communities where auto-body shops are 
located; and (3) compliance assistance visits to individual auto-body 
shops. The offered compliance assistance will focus primarily on the 
requirements of NESHAP Subpart HHHHHH, which becomes effective in March 
of 2011. The

[[Page 8536]]

pilot will also provide compliance assistance and collect information 
related to compliance with hazardous waste management provisions of the 
Resource Conservation and Recovery Act, pollution prevention 
indicators, and EPA's Collision Repair Campaign's Survey of Shop 
Practices.
    With this pilot, EPA proposes to administer three sets of telephone 
surveys and two sets of on-site surveys over the course of three years. 
EPA will identify for study a population (or populations) of Region I 
auto-body repair shops that share geographic and demographic 
characteristics. A focus on low income areas is likely. EPA may also 
identify, for comparison purposes, a population of auto-body shops 
outside of Region 1 that share geographic and demographic 
characteristics with the study population in Region 1, but have not 
been offered compliance assistance like that offered in Region 1. A 
random sample of this comparison population would be surveyed at the 
same intervals as surveys are administered in Region 1.
    The first set of telephone surveys of the study population will be 
conducted in the summer of 2009. EP will collect information both from 
a random sample of auto-body shops that have been invited to attend a 
workshop (capturing some who did attend, and some who were invited but 
did not attend) and from random sample of auto-body shops that were not 
invited to the workshop that will serve as a comparison group. The 
telephone survey will be followed by on-site visits to survey a random 
sample of auto-body shops from the sample populations. The on-site 
surveys will collect information to assess the shops' then-current 
environmental performance, validate information collected during a 
telephone survey, and deliver additional compliance assistance. The 
second set of telephone surveys at a random sample of auto-body shops 
in the study population will be conducted in the summer of 2010 to 
assess the effectiveness of the on-site compliance assistance provided 
the year before, and to measure changes in auto-body shop behavior.
    EPA will conduct the last set of telephone surveys and on-site 
visits in the spring of 2011. This round of surveys will be conducted 
at the time of or soon after the NESHAP Subpart HHHHHH March 2011 
compliance deadline to assess the final compliance status of a random 
sample of the study population. On-site visits to a random sample of 
the study population following this last round of telephone surveys 
will focus on validating the information collected by the telephone and 
assessing the degree of compliance.
    A respondent's participation in this information collection process 
will be voluntary. The survey questions are designed to assess whether 
the assistance provided during the pilot helped the owner/operator 
understand the applicable environmental regulations, and whether the 
assistance helped the owner/operator implement operational changes that 
resulted in improved environmental practices. Improved environmental 
practices include a change in behavior that resulted in a shop either 
returning to compliance with regulations or taking steps toward 
achieving compliance.
    Collecting this information will help EPA evaluate the 
effectiveness of its compliance assistance program by showing if there 
is a correlation between the compliance assistance provided and an 
improvement in environmental performance. EPA will also use this 
information to identify deficiencies and necessary corrective actions 
in the training, education, and outreach being delivered. In addition 
to gauging customer satisfaction with the compliance assistance 
efforts, EPA intends to measure any resulting changes in knowledge or 
behavior, and evaluate environmental and human health impacts 
associated with those changes. In particular, the Agency will explore 
whether observed correlations between behavior changes and assistance 
provided are statistically valid.
    Once EPA completes its analysis of the data collected for this 
pilot, synthesized findings from the surveys will be shared with the 
appropriate Agency offices, which may use them to: (a) Identify methods 
to improve the effectiveness and efficiency of compliance assistance 
tools and delivery; (b) develop new compliance assistance tools to 
address identified problem areas; (c) design similar surveys for 
similar compliance assistance projects; (d) design similar 
methodologies for program evaluation for similar compliance assistance 
projects.
    EPA anticipates that assessing the results of this pilot and other 
compliance assistance efforts will lead to improved compliance 
assistance services and help the Agency explain how such assistance can 
help support improved environmental management practices. As a result, 
the information collected as part of compliance assistance assessments 
could result in improved compliance with environmental regulations.
    EPA also collects information about how compliance assistance 
activities help meet its responsibilities under the 1993 Government 
Performance Results Act (GPRA) and OMB's Program Assessment Rating Tool 
(PART). The GPRA requires Federal agencies to develop goals and 
objectives, measure their performance, and communicate information 
about their performance to Congress and the public. Under the PART, OMB 
and Federal agencies assess and improve the agencies' program 
performance to achieve better results. The PART reinforces the results-
oriented performance measurement framework developed under the GPRA.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 
$31.44 for each response to a telephone survey, $94.33 for each 
response to a first round on-site survey, and $62.89 for each response 
to a second round on-site survey. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated Total Number of Potential Respondents: 1400.
    Frequency of Response: On occasion.
    Estimated Total Average Number of Responses for Each Respondent: 2.
    Estimated Total Annual Burden Hours: 291.
    Estimated Total Annual Costs: $27,450. This includes an estimated 
burden cost of $27,450 and an estimated cost of $0 for capital 
investment or maintenance and operational costs.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to

[[Page 8537]]

announce the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the technical person listed under 
FOR FURTHER INFORMATION CONTACT.

    Dated: February 19, 2009.
Lisa Lund,
Director, Office of Compliance.
[FR Doc. E9-4010 Filed 2-24-09; 8:45 am]
BILLING CODE 6560-50-P


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