After reading comments filed by the public, the Environmental Protection Agency (EPA) now appears to be leaning toward separating out the recordkeeping portion of a controversial proposed rule on paperwork reduction and electronic filing. The Agency held the second of two public hearings on its proposed “Cross Media Electronic Reporting and Recordkeeping Rule” (CROMERRR), and an EPA witness indicated that decoupling the two rules is under serious consideration.
EPA first published its CROMERRR rule in September. It would establish a model system for electronic reporting and recordkeeping, and permit the use of electronic document receiving systems for submission of reports required under the Toxic Release Inventory (TRI), the National Pollutant Discharge Elimination System (NPDES), and various Clean Air Act programs. Industry has objected to the fact that the rule would propose mandatory, rather than voluntary, electronic reporting requirements, and EPA has extended the comment deadline twice while it reconsiders the proposal.
At a January 31 public hearing in Texas, Joe Retzer, Director of the Collection Services Division of EPA’s Office of Environmental Information, suggested that the Agency would be willing to separate the recordkeeping portion of the electronic reporting rule. Retzer indicated that if substantial changes are made to the proposal when the public comment period finally ends on February 27, 2002, the Agency would re-propose it. If the rule is not reproposed, or if EPA decides to go forward with only the reporting provisions, it will be finalized by the end of the year.