OFFICE OF
ENVIRONMENTAL
INFQRMATION
December 2008
CROMERR Overview for States, Tribes and
Local Governments
For More Information
Evi Huffer
Office of Information Collection
huffer.evi@epa.gov
202.566.1697
David Schwarz
Office of Information Collection
schwarz.david@epa.gov
202.566.1704
http://www.epa.gov/cromerr/
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
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.
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
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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.
Once an application is received, EPA's first step is to review the application 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
• Integrity of electronic document
• Opportunity to review and repudiate copy of record
• Validity of electronic signature
• Determination of the identity of the individual uniquely entitled to use a 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.
For More Information
Visit EPA's CROMERR Exchange Network Web Site: http://www.epa.aov/cromerr/
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