Lesson 1: What Does the Rule Do?
Learn more about what CROMERR does:
Removes Regulatory Obstacles
The rule removes regulatory obstacles to e-reporting under EPA and EPA-authorized programs by overriding references to paper-based requirements in Title 40 The 40th section of the Code of Federal Regulations (CFR), which deals with EPA's mission to protect human health and the environment. The CFR is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. the CFR. Examples include "file copies" or "return receipts."
Sets Standards for e-Reporting
The rule sets standards for systems that states (for the purposes of CROMERR) Includes the District of Columbia and the United States Territories, as specified in the applicable statutes., tribes, and local governments use to receive e-reports under their EPA-authorized programs. The standards are performance-based requirements that systems must meet to ensure the authenticity and integrity of the electronic documents and electronic signatures that they receive. EPA systems that receive e-reports from direct reporters are also required to meet these CROMERR standards.
Sets requirements for:
Direct e-Reporting to EPA
The rule sets requirements for regulated entities that report directly to EPA and wish to report electronically. The requirements identify the EPA systems to which they may e-report and set conditions on the execution of any signatures associated with the submitted reports.
Authorized Programs That Receive or Wish to Receive E-Reports
The rule requires state, tribal, and local governments that receive or wish to receive e-reports in lieu of paper When an electronic report takes the place of a paper report submitted to satisfy the requirements under another part of 40 CFR. In some states, the electronic reporting is done to make data collection and management easier, but the state requires that each report submitted electronically also be submitted as a signed paper copy. In this case, the electronic submission would not be in lieu of paper and CROMERR does not apply to the state. Some electronic reporting systems use a combined approach, where part or all of the data are submitted only electronically, but a wet ink signature on paper is also required. In these cases, the e-report (or at least the portions of it that are not also submitted on paper) is considered to be submitted "in lieu of paper" and CROMERR applies. In addition, there are special CROMERR rules under 40 CFR 3.2000(a) that govern the use of a wet ink signature on paper in conjunction with an e-report. (Additional detail on this combined approach is provided in Lesson 6.) under their authorized programs to seek EPA approval of modifications or revisions to those programs to incorporate e-reporting. EPA will make approval decisions based primarily on two criteria:
- The applicant must have sufficient legal authority to enforce its authorized programs using electronically submitted documents, and
- The system the applicant proposes to use to receive the e-reports must meet the CROMERR standards for e-reporting systems.
These criteria reflect the need to ensure that the applicant preserves the enforceability of its authorized programs when replacing paper reports with e-reports.
Applications for EPA Approval of Authorized Program As defined in § 3.3 of CROMERR, a federal program that EPA has delegated, authorized, or approved a state, tribe, or local government to administer, or a program that EPA has delegated, authorized, or approved a state, tribe or local government to administer in lieu of a federal program, under other provisions of Title 40 and such delegation, authorization, or approval has not been withdrawn or expired. E-Reporting
The rule sets requirements for completing and submitting an application for approval of an authorized program modification or revision, including a specification of the items that the application must include.
Provides a Special, Streamlined EPA Approval Process
CROMERR provides a streamlined approval process for program modifications or revisions related to e-reporting that allows state, tribal, and local governments to submit a single, consolidated application for multiple authorized programs. State, tribal, and local governments may also use applicable program approval or revision processes under other Parts of Title 40 that are specific to a particular authorized program.