Overview for CROMERR

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Background

Published on October 13, 2005, the Cross-Media Electronic Reporting Rule (CROMERR) established a framework by which EPA will accept electronic reports from regulated entities. CROMERR may apply to any electronic document submission required by or permitted under any EPA program governed by EPA's regulations in Title 40 of the Code of Federal Regulations (CFR).

See: CROMERR Federal Register Notices

Under CROMERR, subject electronic reporting systems require EPA approval. The regulation provides a framework for applying for and obtaining such approval. EPA approval is based primarily on an assessment of how an authorized program's electronic reporting system meets the performance-based criteria outlined in CROMERR. 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, CROMERR also established an alternate approval process for such systems. Specifically, 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. Authorized programs pursuing this alternative must still comply with CROMERR standards. This alternative process is not coordinated by the CROMERR program, but by EPA program offices and Regions as applicable.

CROMERR sets standards for electronic report receiving systems operated by state, local, and tribal governments under their authorized programs. In the Preamble to the regulation, EPA commits to meeting those standards for its own electronic report receiving systems.

Program Impact

State, local, and tribal (SLTs) systems must be approved as CROMERR compliant by EPA before accepting electronic reports. EPA Program and Regional systems that receive electronic reports must document conformance with CROMERR standards and apply to the EPA CROMERR Technical Review Committee (TRC) for an assessment. CROMERR review and approval by the TRC is based on an assessment of how electronic reporting systems meet the technology-neutral, performance-based criteria in CROMERR.

The performance-based criteria address a number of topics, including:

  • Criteria for establishing a copy of record,
  • Integrity of electronic document,
  • Opportunity to review and repudiate copy of record,
  • Validity of electronic signature, and
  • Determination of the identity of the individual uniquely entitled to use a signature device.

All CROMERR-subject systems must be reviewed and approved before going into production. A system is considered to be “in production” when regulated entities start registering to report electronically through the system.

In January 2011, the EPA Chief Information Officer (CIO) announced EPA’s Data Exchange Procedure (CIO 2122-P-04.0), confirming the Central Data Exchange (CDX) as the EPA's designated system to support CROMERR implementation. Per the procedure, EPA systems subject to CROMERR must use CDX services. This procedure only applies to a system’s CROMERR-related functionality and key business processes; it does not mean that aspects of a system unrelated to CROMERR standards must use CDX services.

Procedures for Implementing CROMERR for EPA Systems

CDX services greatly reduce the burden of CROMERR compliance for EPA programs or regions. Still, as the system operator, the program or region is responsible for:

  • determining which of their systems are subject to CROMERR, in consultation with the CROMERR TRC;
  • operating the system in conformance with possible custom-aspects outlined in the approved application; and
  • in some cases, submitting and preparing a CROMERR application that demonstrates a system’s conformance with the CROMERR standards.

Overview of the Application Process

A CROMERR application traditionally consists of:

  • For SLT CROMERR applications (not applicable for EPA Programs and Regions) - A certification that existing laws or regulations provide the legal authority to implement and enforce electronic reporting, signed by the State Attorney General or the chief administrative official of tribal or local governments;
  • A list of the electronic document receiving systems for which approval is being requested and a description of how each system will satisfy the requirements of CROMERR; and
  • A schedule of upgrades that may affect CROMERR compliance.

See: Application Tools and Templates for information about how to prepare these materials to minimize review, documentation that may have been waived for particular system approaches, and for pre-populated templates that may be available for particular system approaches.  Applicants pursuing EPA and commercial off-the-shelf solutions typically have significantly reduced documentation requirements.

The CROMERR application process traditionally consists of several steps. Select each section below to learn more:

These steps and the diagram below outline the traditional review and approval process outlined in the regulation and still followed for custom-developed systems. Applicants pursuing EPA and commercial off-the-shelf solutions typically proceed through these steps quickly and/or do not go through all of these steps. Therefore, they benefit from expedited approval. In 2022, about 90 percent of applicants pursued off-the-shelf solutions for at least part of their system. 

Documentation required, review and approval timeframes can vary greatly based on system approach.

Applicants pursuing substantially custom-developed systems may experience lengthy review timeframes and may need to incorporate significant changes to their approach to ensure consistency with CROMERR standards. To minimize rework, applicants implementing such approaches are encouraged to work with the CROMERR program during the planning or design phase and to submit system documentation for draft review. 

Applicants pursuing EPA Shared CROMERR Services and commercial off-the-shelf solutions benefit from substantially reduced risk of CROMERR compliance concerns. 

For further information about CROMERR, see: CROMERR 101: Fundamentals for States, Tribes, and Local Governments

Step 1: Application preparation and submittal

A CROMERR application consists of:

  • For CROMERR applications from SLTs, a legal certification.
  • A CROMERR application cover sheet containing type of agency; application point of contact; list of components included in the CROMERR application; table of system types that shows what application materials are needed; list of programs covered by the application; and, list of attachments included with the application.
  • If needed, a completed CROMERR System Checklist. The CROMERR application cover sheet contains a table to help applicants determine whether a checklist is needed.
  • For applications that include a CROMERR System Checklist, an example COR that meets the description provided in the checklist.

Potentially required information:

  • A copy of the system’s Electronic Signature Agreement (ESA)
  • Appendices documenting functionality or business processes
  • Appendices documenting planned upgrades, should the applicant wish to get approval for these upfront.

Once an EPA CROMERR application has been prepared, the applicant submits the application via email to the CROMERR program indicating that it is submitting the application for review by the TRC. EPA will accept for preliminary review draft and incomplete CROMERR applications to assist applicants in preparing their applications and developing strategies for achieving CROMERR compliance. Draft and incomplete applications will be considered informal submission, and EPA will conduct confirmation and processing as described in Step 2 below, but such applications will not proceed beyond step 2 until the applicant submits a complete application.

Step 2: Conformation and Processing

Applicants will receive a confirmation of receipt within three business days after the application is received. The TRC may request further information if it is required for review. Not having all required information upfront, not using prepared templates and forms, and/or submitting revised documents mid-process may delay the application’s review.

Step 3: Committee Review

Key members of the TRC review applications, and typically, applicants do not need to conduct presentations for the TRC.

If the system includes custom-built CROMERR functionality and/or presents “new and novel” CROMERR issues, the review process may take longer.

Step 4: Comments and Response

If the TRC has questions about an application or identifies CROMERR compliance issues, it will work with the applicant to resolve them. If the TRC has no questions, this step is skipped. However, Steps 3 and 4 may be repeated until key TRC members conducting the review determine the system to be consistent with CROMERR standards, EPA rejects the system as not CROMERR compliant, or the applicant withdraws the application.

Step 5: Internal EPA Review

Once all questions are answered and CROMERR compliance issues are resolved, TRC members have up to two weeks to vote on whether or not the application is consistent with CROMERR standards.

Step 6: Approval notification and Federal Register publication

SLTs

The applicant will receive an email and a formal letter confirming that the application has achieved approval. In addition, EPA will publish in the Federal Register a notice of CROMERR approval identifying the SLT, the system, and the authorized or approved programs under which the system will accept electronic reports.

EPA Programs and Regions

The applicant will receive an email confirming that the application has achieved approval.

The CROMERR Program recommends that, prior to collecting reports, EPA programs and regions publish a notice in the Federal Register (FR) announcing the availability of electronic reporting under their program(s) because of the newly approved system(s). Some programs and regions meet this requirement by including text in another Federal Register publication that is related to the system's regulatory reports, such as a rule or a notice announcing the availability of the system, a designation by the EPA administrator of the system as an electronic document receiving system, or contractors having access to sensitive data.

Programs and regions should, at a minimum, include the following information in the “availability of electronic reporting” FR notice:

  • The system’s full name as well as its acronym;
  • If the system supports a CDX data flow, a statement of that;
  • Description of how to access the system;
  • Explanation of how users can get help on the system (e.g., contact the CDX help desk) and/or where to find a users’ guide;
  • References describing which programmatic reporting the system covers (e.g., Part 123 National Pollutant Discharge Elimination System);
  • Listing of which regulatory reports are collected by the system – name(s) and 40 CFR citation(s);
  • Details on when regulated entities can start registering in CDX for the data flow and when they can start reporting. Indication whether and when certain reports are available; and
  • Point(s) of contact in the program or region who can provide more information about the system.

For guidance on preparing a Federal Register Notice, see: Sample Federal Register Notice for EPA programs and regions (doc) (32 KB)

See: CROMERR section 3.2(a)(2)

Step 7: Modifications to approved CROMERR applications

Systems with CROMERR approval are required to notify the TRC, in writing, of any changes to CROMERR functionality and business processes. The TRC coordinates directly with CDX to track and approve changes to the core services. Further, approved CROMERR systems do not need to notify the TRC if they begin to collect a regulatory report under a program for which the system was approved under CROMERR if nothing has changed in terms of CROMERR functionality.

For further information, see:

EPA's CROMERR application review process
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Cross-Media Electronic Reporting Rule

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Last updated on July 16, 2024