[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Proposed Rules]
[Pages 12746-12747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 60, 63, 70, 123, 142, 145, 162, 233, 257, 258, 
271, 281, 403, 501, 745 and 763

[FRL-6949-6]
RIN 2025-AA10


Public Information: Advanced Notice of Proposed Rulemaking on 
Electronic Reporting and Recordkeeping and Delayed Effective Date of 
Recordkeeping Provisions in the Electronic Signatures in Global and 
National Commerce Act of 2000

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: EPA announces its intent to develop a rule to establish 
performance standards to assure accuracy, record integrity, and 
accessibility of electronic reports and records applying generally to 
all recordkeeping requirements contained in Chapter I of Title 40 of 
the Code of Federal Regulations. This action delays until June 1, 2001 
the effective date of certain provisions in the Electronic Signatures 
in Global and National Commerce Act of 2000 that may affect certain 
federal environmental recordkeeping requirements.

DATES: In order to be considered, comments on this ANPRM must be 
received on or before March 30, 2001.

[[Page 12747]]

Please direct all correspondence to the addresses shown below.

ADDRESSES: Written comments should be submitted in triplicate to the 
United States Environmental Protection Agency, Enforcement and 
Compliance Docket and Information Center (Mail Code 2201A), Docket 
Number EC-2000-007 (Attn: E-SIGN ANPRM), 1200 Pennsylvania Avenue NW, 
Washington, DC, 20460. No facsimiles (faxes) will be accepted.
    Comments in an electronic format should also reference docket 
number EC-2000-07, (Attn: E-SIGN ANPRM), and should be addressed to the 
following Internet address: [email protected]. Electronic comments 
must be submitted as an ASCII, WordPerfect 5.1/6.1/8 format file and 
avoid the use of special characters or any form of encryption.

FOR FURTHER INFORMATION CONTACT: David Schwarz (2823), Office of 
Environmental Information, U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Washington, DC 20460, (202) 260-2710, 
[email protected], or Evi Huffer (2823), Office of Environmental 
Information, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW., Washington, DC, 20460, (202) 260-8791, [email protected].

SUPPLEMENTARY INFORMATION: The Electronic Signatures in Global and 
National Commerce Act of 2000, 15 U.S.C. 7001 to 7031 (hereinafter ``E-
Sign''), enacted on June 30, 2000, provides that, with respect to any 
transaction in or affecting interstate commerce, no contract, 
signature, or record relating to such a transaction shall be denied 
legal effect solely because it is in electronic form. Similarly, E-Sign 
provides that such a document may not be denied legal effect solely 
because an electronic signature or record was used in its formation. 
Under E-Sign, terms of existing statutes or agency rules containing 
paper-based requirements that might otherwise deny effect to electronic 
signatures and records in consumer, commercial or business transactions 
between two or more parties are superseded. While E-Sign does not 
generally affect reporting under federal regulations or records of 
those reports, E-Sign does potentially supersede a requirement that a 
record be kept on paper if that record is not retained principally for 
governmental purposes, but is maintained primarily for consumer, 
commercial or business purposes. E-Sign does, however, preserve the 
authority of federal and State agencies to set technology-neutral 
standards and formats for the retention of any such electronic records.
    Today, EPA announces its intent to develop rules governing the use 
of electronic records to satisfy any recordkeeping requirements 
contained in Chapter I of Title 40 of the Code of Federal Regulations, 
including any recordkeeping requirements potentially affected by E-
Sign. With respect to record retention requirements imposed by federal 
statute, regulation, or other rule of law, E-Sign takes effect on March 
1, 2001 unless a federal regulatory agency has announced, proposed, or 
initiated, but not completed, rulemaking to establish performance 
standards to assure accuracy, record integrity, and accessibility of 
electronic reports and records. If a federal agency announces, 
proposes, or initiates such a rulemaking on or before March 1, 2001, 
the effective date of E-Sign is delayed until June 1, 2001, with 
respect to such records. Today's ANPRM announces EPA's intent to 
develop a rule applying generally to all recordkeeping requirements 
contained in Chapter I of Title 40 of the Code of Federal Regulations 
and, accordingly, to the extent E-Sign affects any such requirement, E-
Sign will take effect on June 1, 2001, instead of March 1, 2001.
    In order to satisfy the mandates of the Government Paperwork 
Elimination Act (GPEA) of 1998, public law 105-277, http://ec.fed.gove/gpedoc.htm, EPA is currently developing the Cross-Media Electronic 
Reporting and Recordkeeping Rule (CROMERRR). This rule would govern the 
use of electronic records and recordkeeping to satisfy any reporting or 
recordkeeping requirement contained in Chapter I of Title 40 of the 
Code of Federal Regulations. EPA may also choose to develop a rule in 
addition to CROMERRR that would apply to the subset of those 
recordkeeping requirements that are affected by E-Sign. Such a rule 
would establish interim performance standards to assure accuracy, 
record integrity, and accessibility of this smaller universe of 
electronic records until EPA is able to finalize the CROMERR rule of 
general applicability. EPA solicits comment on whether it should 
develop such an interim rule. EPA also solicits comment on what class 
or classes of records should be subject to any such interim rule.

    Dated: February 23, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-4972 Filed 2-27-01; 8:45 am]
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