Cross-Media Electronic Reporting and Recordkeeping Rule (Renewal)

Forms and Documents

Document Name	Status
2002ss09.docx Supporting Statement A	2025-02-28

IC Document Collections

IC ID	Document Title	Status
23526	Cross-Media Electronic Reporting and Recordkeeping Rule - States, Local or Tribal Government	Modified
185551	Cross-Media Electronic Reporting and Recordkeeping Rule - Private Sector	Modified

ICR Details

OMB Control No: 2025-0003	ICR Reference No: 202502-2025-001
Status: Received in OIRA	Previous ICR Reference No: 202106-2025-001
Agency/Subagency: EPA/OEI	Agency Tracking No: 2002.09
Title: Cross-Media Electronic Reporting and Recordkeeping Rule (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/28/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2025
Responses	215,271	370,362
Time Burden (Hours)	65,319	81,985
Cost Burden (Dollars)	1,283,547	1,090,056

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Abstract: The legal framework for electronic reporting to EPA’s regulatory programs is established under Title 40 of the Code of Federal Regulations (CFR) Part 3, the Cross-Media Electronic Reporting Rule (CROMERR). U.S. Environmental Protection Agency (EPA) allows regulated entities, required by statutory and regulatory authorities, to submit digital data or documents electronically, in lieu of a paper document, provided specified conditions are met under 40 CFR 3.2. CROMERR requires state, local and tribal governments implementing authorized or delegated environmental programs (40 CFR) to seek EPA approval, under 40 CFR 3.1000, and satisfy reporting requirements electronically. In seeking EPA approval, these state, local, and tribal governments must upgrade existing electronic document receiving systems or develop new receiving systems to satisfy the criteria laid out at 40 CFR 3.2000. Throughout this document, we refer to state, local, and tribal governments as “States/ Locals/Tribes.” Currently, EPA is aware of only one tribal government planning to develop such a system during the next three years. CROMERR does not require regulated entities to report electronically. CROMERR establishes requirements for utilizing electronic reporting as an alternative to paper-based reporting. It does not require States/Locals/Tribes to implement electronic reporting, it establishes the framework for implementing the electronic reporting alternative for Federal laws they administer

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Authorizing Statute(s): PL: Pub.L. 105 - 277 1701-1710 Name of Law: Government Paperwork Reduction Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 79583	09/30/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 10902	02/28/2025
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Cross-Media Electronic Reporting and Recordkeeping Rule - Private Sector
Cross-Media Electronic Reporting and Recordkeeping Rule - States, Local or Tribal Government

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	215,271	370,362	0	0	-155,091	0
Annual Time Burden (Hours)	65,319	81,985	0	0	-16,666	0
Annual Cost Burden (Dollars)	1,283,547	1,090,056	0	0	193,491	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is a decrease of 81,985 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. The decrease in respondent burden can be attributed primarily to two reasons. First, a decrease in the number of direct reporters that will register with EPAs electronic document receiving system. Second, a decrease in the number of indirect reporters that will comply with paper subscriber agreement and ESA provisions associated with systems with SCS solutions. Both estimates are based on data from CDX. Thus, the Agency believes that the revised estimates accurately reflect the number of respondents. The overall change in respondent burden is considered an adjustment, because it results from changes in the respondent universe and hourly burden estimates used in the development of the ICR. The decrease in respondent burden can be attributed primarily to two reasons. First, a decrease in the number of direct reporters that will register with EPAs electronic document receiving system. Second, a decrease in the number of indirect reporters that will comply with paper subscriber agreement and ESA provisions associated with systems with SCS solutions. Both estimates are based on data from CDX. Thus, the Agency believes that the revised estimates accurately reflect the number of respondents. The overall change in respondent burden is considered an adjustment, because it results from changes in the respondent universe and hourly burden estimates used in the development of the ICR.

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Annual Cost to Federal Government: $1,754,666

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/28/2025

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