View Rule

Statement of Need: EPA is required by the Government Paperwork Elimination Act (GPEA) of 1998 to provide electronic reporting and recordkeeping as an option to its regulated community by 2003. To meet this deadline and comply with GPEA, the legal framework for electronic reporting must be in place by that time. The CROMERR rule is necessary to establish the legal framework to: (1) remove legal obstacles to electronic reporting and recordkeeping under most EPA regulations; and (2) assure that these electronic documents will have the same legal and evidentiary force as their paper counterparts. Electronic Reporting is also a capstone of the Administration's Reinventing Government Initiative and the Administrator's Integrated Information Initiative (I3).

Summary of the Legal Basis: (1) Government Paperwork Elimination Act (GPEA) of 1998. GPEA requires Federal agencies to provide electronic reporting and recordkeeping to its regulated community by 2003. (2) Electronic Signature National and Global Commerce Act (ESIGN), June 30, 2000. This law eliminates legal barriers to the use of electronic technology to form and sign contracts, collect and store documents, and send and receive notices and disclosures. ESIGN applies broadly to Federal statutes and regulations governing private sector (including business-to-business and business-to-consumer) activities. In general, it does not cover activities that are primarily governmental, which are governed by GPEA. ESIGN begins to take effect on October 1, 2000.

Alternatives: The alternative to an EPA cross-media rule that applies to most compliance reports under 40 CFR, would be individual rulemakings by each of the program offices. EPA's past experience with such rulemakings has demonstrated that such a course of action would not bring EPA in compliance with GPEA by the 2003 deadline.