February 2009

                          CROMERR Overview for States, Tribes and
                                          Local Governments
For More Information
Evi Huffer
Office of Information Collection

David Schwarz
Office of Information Collection
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

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

                                                         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
Compliance Date:

   New electronic document
   receiving systems must
   receive EPA approval before
   they begin receiving
   electronic documents.
   Existing systems must submit
   applications by January 13,
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.

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/