[Federal Register Volume 67, Number 2 (Thursday, January 3, 2002)]
[Proposed Rules]
[Pages 278-279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-109]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 3, 51, 60, 63, 70, 123, 142, 145, 162, 233, 257, 258, 
271, 281, 403, 501, 745 and 763

[FRL-7125-3]
RIN 2025-AA07


Extension of Comment Period for and Public Meetings on the 
Proposed Establishment of Electronic Reporting; Electronic Records Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period; announcement of 
public meetings.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is extending by an 
additional 30 days the comment period on its proposed rule for 
establishment of electronic reporting and electronic records. On August 
31, 2001 (66 FR 46162), EPA proposed conditions under which EPA would 
allow submission of electronic documents and maintenance of electronic 
records to satisfy federal environmental reporting and recordkeeping 
requirements in EPA's regulations. The comment period is being extended 
by 30 days to provide the public with additional time to evaluate and 
comment upon the complex provisions of this proposed rule. As extended 
by this action, the comment period will now close on February 27, 2002.
    This document also announces the dates and locations for two 
additional public meetings on the proposed rule's recordkeeping 
provisions, which will be held before the public comment period closes.

DATES: The meetings will be held on: (1) Thursday, January 17, 2002, 
10:00 a.m. to 5:30 p.m. (EST); and (2) Thursday, January 31, 2002, 
10:00 a.m. to 5:30 p.m. (CST).
    In order to be considered, written comments on the proposed 
electronic reporting and electronic records rule must be submitted on 
or before February 27, 2002. Comments provided electronically will be 
considered timely if they are submitted electronically by 11:59 p.m. 
(Eastern time) February 27, 2002.

ADDRESSES: The meetings will be held at: (1) The Wyndham Washington, 
1400 M Street, NW, Washington, DC; and (2) the Holiday Inn Select, 4440 
West Airport Freeway, Irving, Texas.
    Comments should be addressed to the United States Environmental 
Protection Agency, Enforcement and Compliance Docket and Information 
Center, (Mail Code 2201A), Attn: Docket Number EC-2000-007, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460. Commenters are also 
requested to submit an original and 3 copies of their written comments 
as well as an original and 3 copies of any attachments, enclosures, or 
other documents referenced in the comments. Commenters who would like 
EPA to acknowledge receipt of their comments should include a self-
addressed, stamped envelope. All comments must be postmarked or 
delivered by hand by February 27, 2002. No facsimiles (faxes) will be 
accepted. Public comments and supporting materials are available for 
viewing in the Enforcement and Compliance Docket and Information 
Center, located at 1200 Pennsylvania Avenue, NW, (Ariel Rios Building), 
2nd Floor, Room 2213, Washington, DC 20460. The documents are available 
for viewing from 9 a.m. to 4 p.m., Monday through Friday, excluding 
federal holidays. To review docket materials, it is recommended that 
the public make an appointment by calling (202) 564-2614 or (202) 564-
2119. The public may copy a maximum of 266 pages from any regulatory 
document at no cost. Additional copies cost $0.15 per page. The rule 
and some supporting materials

[[Page 279]]

are also available electronically on the Internet for public review, 
using a www browser type, at http://www.epa.gov/.
    EPA will also accept comments electronically. Comments 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. Comments in electronic format should also be identified by 
the docket number EC-2000-007. Electronic comments will be transferred 
into a paper version for the official record. EPA will attempt to 
clarify electronic comments if there is an apparent error in 
transmission.

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:
    On August 31, 2001 (66 FR 46162), EPA proposed a rule that would 
set forth the conditions under which EPA would prospectively allow 
submission of electronic documents and maintenance of electronic 
records to satisfy federal environmental reporting and recordkeeping 
requirements in EPA's regulations. As noted in the proposal (66 FR 
46163), the rule would affect a broad spectrum of EPA programs (not 
merely those where specific amendments to the Code of Federal 
Regulations would be made). While the rule is voluntary because it does 
not require electronic reporting or recordkeeping, for most programs 
regulated entities that currently maintain electronic records and who 
wish to continue to do so after the rule takes effect would be required 
to meet the recordkeeping criteria in subpart D. As currently defined 
in the proposal, the term electronic record is broad in scope. Given 
the breadth and complexity of the rule, several commenters have 
requested additional time to evaluate and comment upon the proposed 
rule. EPA greatly values the input provided by the regulated community 
as well as the input from States that administer EPA programs. 
Accordingly, the comment period was extended by 60 days, to January 28, 
2002, in a notice published in the Federal Register on Wednesday, 
November 28, 2001 (66 FR 59392-59393), to provide additional time to 
evaluate and comment upon the proposed rule.
    To help foster this comment and evaluation, EPA has scheduled two 
additional public meetings on the proposed rule's recordkeeping 
provisions, on January 17, 2002, and on January 31, 2002. The meetings 
will focus on electronic recordkeeping issues raised by the proposed 
rule, and will be structured to take comments on at least the following 
questions: What kinds of records do companies currently keep 
electronically to satisfy EPA regulatory requirements? How prevalent is 
this electronic recordkeeping, and what kinds of systems are used? How 
are automatically captured data and other raw data maintained 
electronically? How will the proposed rule affect companies' electronic 
recordkeeping practices, and do some of the proposed provisions raise 
more issues than others? How do companies currently ensure the 
integrity and reliability of their electronic records, especially where 
they do not use audit trails, and what role do recognized industry 
standards play? What special issues are raised by proposed criteria for 
long-term archiving, and how do companies currently address this 
problem? Where archiving involves the conversion of electronic records 
to paper, how do companies assure data integrity and reliability, and 
what role do recognized industry standards play? Are there new products 
or technologies that will help companies address the proposed standards 
for electronic recordkeeping?
    Also, to allow participants and other interested stakeholders to 
develop comments based on discussions at these public meetings, EPA is 
extending the comment period an additional 30 days. During this 
extended comment period, EPA particularly seeks comment on whether or 
not the recordkeeping provisions in subpart D of the proposed rule 
should be withdrawn and addressed in a separate rulemaking. EPA also 
seeks comment on revisions to the recordkeeping criteria or other 
provisions of the proposed rule that would make it easier for those in 
the regulated community who already maintain electronic records to 
continue to do so after the rule takes effect.

    Dated: December 21, 2001.
Kim Nelson,
Assistant Administrator and Chief Information Officer, Office of 
Environmental Information.
[FR Doc. 02-109 Filed 1-2-02; 8:45 am]
BILLING CODE 6560-50-P