vvEPA
         United States
         Environmental Protection
         Agency
                                    Office of Information Collection:

                                         CROMERR Overview
                               For States, Tribes, and Local Governments
                                                                 How & When Does It Apply?

                                                            CROMERR Applies To:
                                                            • Persons or entities that submit electronic
                                                              reports or documents to EPA.
                                                            • Authorized programs that receive electronic
                                                              reports or documents.
                                                            CROMERR Does Not Apply To:
                                                            • Documents submitted by fax, magnetic
                                                              media such as floppy disks, or optical media
                                                              such as CDs.
                                                            • Submissions not under 40 CFR.
                                                            Compliance Date:
                                                            • New electronic document receiving systems
                                                              must receive EPA approval before they begin
                                                              receiving electronic documents.
                                                            • Existing systems must submit applications by
                                                              October 13, 2008.
Purpose
The Cross-Media Electronic Reporting Regulation
(CROMERR) provides the legal framework for
electronic reporting to the Environmental Protection
Agency (EPA) and states, tribes, and local
governments that are authorized to administer EPA
programs. CROMERR is intended to reduce the cost
and burden of electronic reporting while maintaining
the level of corporate and individual responsibility
and accountability that exists in the paper
environment.

Background
EPA published a final rule on October 13, 2005,
establishing a framework by which it will accept
electronic reports from regulated entities.
CROMERR could apply to any document
submissions required by or permitted under any EPA
or authorized program governed by EPA's regulations
in Title 40 of the Code of Federal Regulations (CFR), if it is submitted electronically.

Under CROMERR, both new and existing electronic reporting systems require EPA approval.
The regulation provides a framework for applying for, and obtaining such approval. EPA
approval will be based primarily on an assessment of how an authorized program's electronic
reporting systems meet performance-based criteria, which were included in the regulation. The
criteria are technology-neutral so that authorized programs can determine the most appropriate
technology for their program. In addition to including criteria for electronic reporting systems,
the regulation also establishes an alternate approval process for such systems.

Current Activities
Under CROMERR, authorized programs that are currently, or plan to receive electronic reports
may apply for approval of electronic reporting for one or multiple programs through one
application process. When multiple systems are addressed in one application, the approval
process is streamlined, providing for a single EPA review, with deadlines for EPA to take action
on the application written into the regulation.  Authorized programs may also choose to apply for
approval of electronic reporting for a specific program by using the applicable regulatory
program approval or revision processes under other Parts of 40 CFR.

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       Once an application is received, EPA's first step is to review applications for completeness, a
       process that can take up to 75 days. Once the application is determined to be complete, EPA
       then has up to 180 days to approve or deny the application.  However, EPA approval of
       applications for existing systems received after July 30, 2007, could take up to 360 days. The
       approval becomes effective when EPA publishes a notice of the approval in the Federal Register.

       CROMERR is a performance-based regulation.   The performance-based criteria used to evaluate
       electronic reporting systems address a number of topics, including, among other things:

       • Criteria for establishing a copy of record       • Validity of electronic signature
       • Integrity of electronic document               • Determination of the identity of the
       • Opportunity to review and repudiate copy of      individual uniquely entitled to use a
        record                                        signature device

       Applications for approval of electronic reporting systems must contain:

          •  A certification,  signed by the State Attorney General (or the chief administrative official
             in the case of tribes and local governments), that existing laws or regulations provide the
             legal authority to implement and enforce electronic reporting;
          •  A listing of the  electronic document receiving systems for which approval is being
             requested and a description of how the system will satisfy the requirements of
             CROMERR; and
          •  A schedule of upgrades that may affect CROMERR compliance.

       More Information
       David Schwarz                           Evi Huffer
       Senior Program Analyst                   Senior Program Analyst
       Office of Environmental Information        Office of Environmental  Information
       (202) 566-1704                          (202) 566-1697
       Schwarz.david@epa.gov                  huffer. evi@epa. gov

       EPA's CROMERR Web site:      http://www.epa.gov/exchangenetwork/cromerr
                                                                                  October 2007
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www.epa.gov/oei                                                                                   ^ ~^

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