Difference between revisions of "40 CFR Part 3"

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The '''Title 40 Code of Federal Regulations Part 3''' ('''40 CFR Part 3''') provides for electronic reporting (in lieu of a paper document) to the U.S. Environmental Protection Agency (EPA). Within this part, requirements are created to ensure that electronic reporting to the EPA is enacted in a satisfactory way to satisfy federal or authorized program reporting requirements, including those requiring an electronic signature.<ref>{{cite web |url=http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40 |title=Electronic Code of Federal Regulations - Title 40: Protection of Environment - Part 3: Cross-media Electronic Reporting |publisher=U.S. Government Printing Office |accessdate=02 March 2012}}</ref>
The '''Title 40 Code of Federal Regulations Part 3''' ('''40 CFR Part 3''') — sometimes referred to as the Cross-Media Electronic Reporting Rule (CROMERR) — provides for electronic reporting (in lieu of a paper document) to the [[United States Environmental Protection Agency|U.S. Environmental Protection Agency]] (EPA). Within this part, requirements are created to ensure that electronic reporting to the EPA is enacted in a satisfactory way to satisfy federal or authorized program reporting requirements, including those requiring an electronic signature.<ref>{{cite web |url=https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40 |title=Electronic Code of Federal Regulations - Title 40: Protection of Environment - Part 3: Cross-media Electronic Reporting |publisher=U.S. Government Printing Office |date=13 April 2020 |accessdate=15 April 2020}}</ref>
 
==History==
On August 31, 2001, the EPA "published a notice of proposed rulemaking, announcing the goal of making electronic reporting and electronic recordkeeping available under EPA regulatory programs."<ref name="70FR59848">{{cite web |url=https://www.federalregister.gov/documents/2005/10/13/05-19601/cross-media-electronic-reporting |title=Cross-Media Electronic Reporting |work=Federal Register |publisher=OFR/GPO |date=13 October 2005 |accessdate=15 April 2020}}</ref> However, the EPA had been working on plans related to such a proposal (referred to as Cross-Media Electronic Reporting) well before, stating in its review of its final rule that the process actually "reflects more than ten years of interaction with stakeholders," including "electronic reporting pilot projects conducted with state agency partners, including the States of Pennsylvania, New York, Arizona, and several others."<ref name="70FR59848" /> This also involved collaboration with more than half of U.S. states in May 1997 on the State Electronic Commerce/Electronic Data Interchange Steering Committee (SEES) and a series of conferences starting in 1999 to acquire stakeholders' thoughts. Public commenting closed on February 27, 2002, with the EPA receiving 184 collection of written comments. The EPA made additional adjustments to the proposal, which culminated in a final version of CROMERR that was codified into Title 40 as Part 3 on October 13, 2005 and made effective January 11, 2006.<ref name="70FR59848" />
 
On December 24, 2008, minor adjustments were made to CROMERR that extended compliance dates for existing systems making the transition to electronic filing to the EPA.<ref name="CROMERRTrain">{{cite web |url=https://www.epa.gov/sites/production/files/2015-08/documents/cromerr_101_course_summary.pdf |format=PDF |title=CROMERR 101: Fundamentals for States, Tribes, and Local Governments |publisher=U.S. Environmental Protection Agency |date=August 2015 |accessdate=15 April 2020}}</ref>
 
==Structure==
 
The structure of Part 3 is as follows:
 
'''Subpart A — General Provisions'''
:§ 3.1 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_11 Who does this part apply to?]
:§ 3.2 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_12 How does this part provide for electronic reporting?]
:§ 3.3 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_13 What definitions are applicable to this part?]
:§ 3.4 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_14 How does this part affect enforcement and compliance provisions of Title 40?]
 
'''Subpart B — Electronic Reporting to EPA'''
:§ 3.10 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_110 What are the requirements for electronic reporting to EPA?]
:§ 3.20 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_120 How will EPA provide notice of changes to the Central Data Exchange?]
 
'''Subpart C — [Reserved]'''
 
'''Subpart D — Electronic Reporting Under EPA-Authorized State, Tribe, and Local Programs'''
:§ 3.1000 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_11000 How does a state, tribe, or local government revise or modify its authorized program to allow electronic reporting?]
:§ 3.2000 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#se40.1.3_12000 What are the requirements authorized state, tribe, and local programs' reporting systems must meet?]
:Appendix 1 to Part 3 [https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40#ap40.1.3_12000.1 Priority Reports]
 
===Subpart A===
 
This is essentially the preamble of the regulations, explaining to what and who the regulations apply as well as how they'll apply. Definitions of common terms appearing in the regulations can also be found here, including a description of electronic signature devices.
 
===Subpart B===
 
This section covers the requirements applicable to electronic record formats and their submission to the EPA's Central Data Exchange (CDX) or other related EPA systems. It also provides guidelines on how the EPA will notify CDX users of hardware and software changes that affect transmission.
 
===Subpart C===
Subpart C is blank, "reserved for future EPA electronic recordkeeping requirements."<ref name="70FR59848" />
 
===Subpart D===
 
This final section provides in-depth requirements for revising state, local, and tribal government programs for electronic submissions as well as outlining the reporting system requirements. In particular it lays out a list of requirements for data generated from electronic document receiving systems, including security, audit trail, quality control, and electronic signatures.
 
==Central Data Exchange==
The EPA's Central Data Exchange (CDX) is used by EPA offices, local and state governments, private industries, and Indian tribes required to submit environmental data related to more than 60 programs in the United States, including the Greenhouse Gas Reporting Program, the RadNet program, and the Verify engine and vehicle compliance program.<ref name="CDXAbout">{{cite web |url=https://cdx.epa.gov/About/AboutRegulation |title=About CDX |publisher=U.S. Environmental Protection Agency |accessdate=15 April 2020}}</ref><ref name="CDXProd">{{cite web |url=http://www.epa.gov/cdx/projects/production.htm |archiveurl=https://web.archive.org/web/20141017114023/http://www.epa.gov/cdx/projects/production.htm |title=Production Data Flows |publisher=U.S. Environmental Protection Agency |archivedate=17 October 2014 |accessdate=15 April 2020}}</ref> The EPA touts CDX as an important component of operations as well as meeting 40 CFR Part 3 compliance, claiming reductions in reporting burdens, cost, and data transfer times as well as increases in data quality and compliance.<ref name="CDXBenis">{{cite web |url=http://www.epa.gov/cdx/benefits/index.htm |archiveurl=https://web.archive.org/web/20150221135646/http://www.epa.gov/cdx/benefits/index.htm |title=CDX Benefits |publisher=U.S. Environmental Protection Agency |archivedate=21 February 2015 |accessdate=15 April 2020}}</ref>
 
As of mid-February 2015, the CDX had more than 296,000 registered users submitting data to 63 data feeds, with 10 additional data flows in development.<ref name="CDXArchFeb15">{{cite web |url=http://www.epa.gov/cdx/ |archiveurl=https://web.archive.org/web/20150209185915/http://www.epa.gov/cdx/ |title=Central Data Exchange |publisher=U.S. Environmental Protection Agency |archivedate=09 February 2015 |accessdate=09 February 2015}}</ref>


==Further reading==
==Further reading==


* [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40 Title 40 CFR Part 3 at the U.S. Government Printing Office]
* [https://www.epa.gov/cromerr EPA CROMERR portal]
* [https://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=P10072YW.TXT CROMERR Fact Sheet] (PDF)
* {{cite web |url=https://www.federalregister.gov/documents/2005/10/13/05-19601/cross-media-electronic-reporting |title=Cross-Media Electronic Reporting |work=Federal Register |publisher=OFR/GPO |date=13 October 2005}}
* {{cite web |url=https://www.epa.gov/sites/production/files/2015-08/documents/cromerr_101_course_summary.pdf |format=PDF |title=CROMERR 101: Fundamentals for States, Tribes, and Local Governments |publisher=U.S. Environmental Protection Agency}}


==References==
==References==
<references />
{{Reflist|colwidth=30em}}


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[[Category:Regulatory information]]
[[Category:Regulatory information]]

Revision as of 19:51, 15 April 2020

The Title 40 Code of Federal Regulations Part 3 (40 CFR Part 3) — sometimes referred to as the Cross-Media Electronic Reporting Rule (CROMERR) — provides for electronic reporting (in lieu of a paper document) to the U.S. Environmental Protection Agency (EPA). Within this part, requirements are created to ensure that electronic reporting to the EPA is enacted in a satisfactory way to satisfy federal or authorized program reporting requirements, including those requiring an electronic signature.[1]

History

On August 31, 2001, the EPA "published a notice of proposed rulemaking, announcing the goal of making electronic reporting and electronic recordkeeping available under EPA regulatory programs."[2] However, the EPA had been working on plans related to such a proposal (referred to as Cross-Media Electronic Reporting) well before, stating in its review of its final rule that the process actually "reflects more than ten years of interaction with stakeholders," including "electronic reporting pilot projects conducted with state agency partners, including the States of Pennsylvania, New York, Arizona, and several others."[2] This also involved collaboration with more than half of U.S. states in May 1997 on the State Electronic Commerce/Electronic Data Interchange Steering Committee (SEES) and a series of conferences starting in 1999 to acquire stakeholders' thoughts. Public commenting closed on February 27, 2002, with the EPA receiving 184 collection of written comments. The EPA made additional adjustments to the proposal, which culminated in a final version of CROMERR that was codified into Title 40 as Part 3 on October 13, 2005 and made effective January 11, 2006.[2]

On December 24, 2008, minor adjustments were made to CROMERR that extended compliance dates for existing systems making the transition to electronic filing to the EPA.[3]

Structure

The structure of Part 3 is as follows:

Subpart A — General Provisions

§ 3.1 Who does this part apply to?
§ 3.2 How does this part provide for electronic reporting?
§ 3.3 What definitions are applicable to this part?
§ 3.4 How does this part affect enforcement and compliance provisions of Title 40?

Subpart B — Electronic Reporting to EPA

§ 3.10 What are the requirements for electronic reporting to EPA?
§ 3.20 How will EPA provide notice of changes to the Central Data Exchange?

Subpart C — [Reserved]

Subpart D — Electronic Reporting Under EPA-Authorized State, Tribe, and Local Programs

§ 3.1000 How does a state, tribe, or local government revise or modify its authorized program to allow electronic reporting?
§ 3.2000 What are the requirements authorized state, tribe, and local programs' reporting systems must meet?
Appendix 1 to Part 3 Priority Reports

Subpart A

This is essentially the preamble of the regulations, explaining to what and who the regulations apply as well as how they'll apply. Definitions of common terms appearing in the regulations can also be found here, including a description of electronic signature devices.

Subpart B

This section covers the requirements applicable to electronic record formats and their submission to the EPA's Central Data Exchange (CDX) or other related EPA systems. It also provides guidelines on how the EPA will notify CDX users of hardware and software changes that affect transmission.

Subpart C

Subpart C is blank, "reserved for future EPA electronic recordkeeping requirements."[2]

Subpart D

This final section provides in-depth requirements for revising state, local, and tribal government programs for electronic submissions as well as outlining the reporting system requirements. In particular it lays out a list of requirements for data generated from electronic document receiving systems, including security, audit trail, quality control, and electronic signatures.

Central Data Exchange

The EPA's Central Data Exchange (CDX) is used by EPA offices, local and state governments, private industries, and Indian tribes required to submit environmental data related to more than 60 programs in the United States, including the Greenhouse Gas Reporting Program, the RadNet program, and the Verify engine and vehicle compliance program.[4][5] The EPA touts CDX as an important component of operations as well as meeting 40 CFR Part 3 compliance, claiming reductions in reporting burdens, cost, and data transfer times as well as increases in data quality and compliance.[6]

As of mid-February 2015, the CDX had more than 296,000 registered users submitting data to 63 data feeds, with 10 additional data flows in development.[7]

Further reading


References

  1. "Electronic Code of Federal Regulations - Title 40: Protection of Environment - Part 3: Cross-media Electronic Reporting". U.S. Government Printing Office. 13 April 2020. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=5ff3a0efed913ef8fae9e225869688a2&rgn=div5&view=text&node=40:1.0.1.1.3&idno=40. Retrieved 15 April 2020. 
  2. 2.0 2.1 2.2 2.3 "Cross-Media Electronic Reporting". Federal Register. OFR/GPO. 13 October 2005. https://www.federalregister.gov/documents/2005/10/13/05-19601/cross-media-electronic-reporting. Retrieved 15 April 2020. 
  3. "CROMERR 101: Fundamentals for States, Tribes, and Local Governments" (PDF). U.S. Environmental Protection Agency. August 2015. https://www.epa.gov/sites/production/files/2015-08/documents/cromerr_101_course_summary.pdf. Retrieved 15 April 2020. 
  4. "About CDX". U.S. Environmental Protection Agency. https://cdx.epa.gov/About/AboutRegulation. Retrieved 15 April 2020. 
  5. "Production Data Flows". U.S. Environmental Protection Agency. Archived from the original on 17 October 2014. https://web.archive.org/web/20141017114023/http://www.epa.gov/cdx/projects/production.htm. Retrieved 15 April 2020. 
  6. "CDX Benefits". U.S. Environmental Protection Agency. Archived from the original on 21 February 2015. https://web.archive.org/web/20150221135646/http://www.epa.gov/cdx/benefits/index.htm. Retrieved 15 April 2020. 
  7. "Central Data Exchange". U.S. Environmental Protection Agency. Archived from the original on 09 February 2015. https://web.archive.org/web/20150209185915/http://www.epa.gov/cdx/. Retrieved 09 February 2015.