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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 framework for electronic reporting must be in place by that time. The CROMERR rule would establish a framework to remove obstacles to electronic reporting and recordkeeping under most EPA regulations. Electronic government is also a capstone of the President's Management Agenda.

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: Two alternatives to an EPA cross-media rule that applies to most compliance reports under 40 CFR, would include: (1) a business-as-usual approach to electronic recordkeeping with additional rulemaking to cover electronic reporting; or (2) individual rulemakings by each of the program offices. EPA's past experience with such rulemakings has demonstrated that such a course of action may be less effective in bringing EPA into compliance with GPEA by the 2003 deadline.

Risks: The risks are undetermined.