[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78300-78302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21893]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 12137-01-OAR]


Cross-Media Electronic Reporting: Electronic Submission of 
Reports, Notifications, and Other Submission Types

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Environmental Protection Agency's 
(EPA) allowance of the electronic submission of reports, notifications, 
or other required submission types (in an acceptable digital format) in 
certain Clean Air Act (CAA) regulations that do not already have 
electronic reporting requirements (i.e., reports, notifications, or 
other submission types required to be submitted in paper format or as 
specified in this notice, an email). This action is consistent with the 
provisions of the Cross-Media Electronic Reporting Rule (CROMERR) and 
streamlines reporting requirements by allowing regulated entities to 
submit specified reports, notifications, or other submission types 
electronically via the Compliance and Emissions Data Reporting 
Interface (CEDRI) on the EPA's Central Data Exchange (CDX) (see https://cdx.epa.gov), or to another EPA managed electronic document receiving 
system that may be designated for the receipt of specified submissions 
in the future. Additionally, performance test reports that do not 
already have CROMERR compliant electronic reporting requirements may 
utilize the Electronic Reporting Tool (ERT) (see https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) to 
submit those reports to CEDRI in the form of an ERT submission package. 
The authority for the designation of alternative EPA electronic 
document receiving systems may not be redelegated to state, local, or 
tribal authorities. When a report, notification, or other submission 
type submitted under this new electronic submission option contains 
confidential business information (CBI), a file with the CBI omitted or 
redacted must be submitted to the CEDRI system and a separate, complete 
submission containing the claimed CBI information must be submitted 
through the described CBI submission process.

DATES: The allowance to electronically submit reports and notifications 
to CEDRI is effective September 25, 2024.

FOR FURTHER INFORMATION CONTACT: Aiden Titel, Measurement Policy Group, 
Sector Policies and Programs Division, Office of Air Quality Planning 
and Standards, Office of Air and Radiation, Environmental Protection 
Agency, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, NC 27711; 
telephone number: (919) 541-4836; email address: titel.aiden@@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Electronic Submission of Reports, Notifications, and Other 
Submission Types, and CROMERR Compliance

    On October 13, 2005, the final CROMERR program was published in the 
Federal Register (70 FR 59748) and codified as part 3 of title 40 of 
the Code of Federal Regulations (CFR). CROMERR establishes electronic 
reporting as an acceptable regulatory alternative to paper reporting 
and establishes requirements to assure that electronic documents are as 
legally dependable as their paper counterparts. In accordance with 40 
CFR 3.2(a), this notice announces that the EPA is prepared to receive, 
in electronic form, 40 CFR parts 59, 60, 61, 62, and 63 reports, 
notifications, or other submission types that do not already have 
electronic reporting requirements (i.e., paper reports, notifications, 
or other submission types), and emailed submissions that are associated 
with 40

[[Page 78301]]

CFR part 60 subpart AAA and 40 CFR part 60 subpart QQQQ. The submission 
method for reports, notifications, or other submission types affected 
by this allowance is to upload the reports, notifications, or other 
submission types in an acceptable digital format to CEDRI on the EPA's 
CDX electronic reporting platform, or to another EPA electronic 
document receiving system that the Administrator may designate for the 
receipt of specified submissions, complying with the system's 
requirements for submission. The authority for the designation of 
alternative EPA electronic document receiving systems may not be 
redelegated to state, local, or tribal authorities. For performance 
tests impacted by this allowance, affected entities may submit those 
reports in an acceptable digital format to CEDRI or process those 
reports via the ERT and then submit the ERT-generated submission 
package to CEDRI.
    These allowances only apply to the Federal requirements for 40 CFR 
parts 59, 60, 61, 62, and 63 reports, notifications, or other 
submission types currently required to be submitted in paper format, 
and reports associated with 40 CFR part 60 subpart AAA and 40 CFR part 
60 subpart QQQQ that are currently emailed to the Agency. Reporting 
requirements for reports, notifications, or other submission types 
required to be submitted to the EPA immediately, including, but not 
limited to, emergency notifications (e.g., the immediate startup, 
shutdown, and malfunction report required in 40 CFR 63.7545(f)), are 
not superseded by this notice, and may not utilize this allowance to 
submit electronically to CEDRI. Other existing or future mandatory 
electronic reporting requirements (e.g., E-Reporting requirements) 
promulgated in 40 CFR parts 59, 60, 61, 62, and 63 rules are also not 
superseded by this notice. This notice also does not supersede any 
state, local, or tribal reporting requirements.

II. Confidential Business Information (CBI)

    The EPA recognizes that the potential for CBI in submissions 
exists. The CEDRI reporting system is not built to accommodate the 
submission of CBI. Accordingly, any records submitted to the CEDRI 
system should either not contain information claimed as confidential, 
or have any information claimed confidential redacted or otherwise 
omitted from the document submitted in the system. Any information 
submitted in the CEDRI system may be made available to the public 
without further notice to the submitter.
    If you wish to assert a CBI claim for some of the information 
contained in a document that is submitted through this new reporting 
option under this notice, you must submit 2 versions of the document to 
the EPA. The CBI version of the document submitted should be the 
complete document that contains the information claimed as CBI (i.e., 
without redaction or omission of CBI). This version should be submitted 
electronically to the OAQPS CBI office following the procedure outlined 
in the paragraphs below. The non-CBI version of the document (i.e, the 
version with redacted or omitted CBI) will be submitted to the CEDRI 
system.
    Clearly and specifically mark all the information that you claim to 
be CBI. Do not mark an entire document or pages of the document as CBI, 
unless you believe all text on the document or page is entitled to 
confidential treatment under the appropriate legal standard. 
Accordingly, the information that is redacted from the non-CBI document 
version that is being submitted to CEDRI should correspond to the 
information that is clearly marked as CBI in the CBI version. 
Information not marked as CBI may be authorized for public release 
without prior notice. Information marked as CBI will not be disclosed 
except in accordance with the procedures set forth in 40 CFR part 2.
    The preferred method for CBI submittal is for it to be transmitted 
electronically using email attachments, File Transfer Protocol (FTP), 
or other online file sharing services. Electronic submissions must be 
transmitted directly to the OAQPS CBI Office at the email address 
[email protected] and should include clear CBI markings. Performance 
tests and performance evaluations should be flagged to the attention of 
the Group Leader, Measurement Policy Group and all other submissions 
should be flagged to the attention of the industrial sector lead (e.g., 
attention Coke Oven Sector Lead, attention Glass Manufacturing Sector 
Lead, etc.). If assistance is needed with submitting large electronic 
files that exceed the file size limit for email attachments, and if you 
do not have your own file sharing service, please email 
[email protected] to request a file transfer link.
    If you cannot transmit the file electronically, you may send CBI 
information through the postal service to the following address: U.S. 
EPA, Attn: OAQPS Document Control Officer, Mail Drop: C404-02, 109 T.W. 
Alexander Drive, P.O. Box 12055, RTP, NC 27711, Attention: as noted in 
preceding paragraph. The mailed CBI material should be double wrapped 
and clearly marked. Any CBI markings should not show through the outer 
wrapping.
    All CBI claims must be asserted at the time of submission. Anything 
submitted unredacted using CEDRI cannot later be claimed as CBI. 
Furthermore, under CAA section 114(c), emissions data are not entitled 
to confidential treatment, and the EPA is required to make emissions 
data available to the public. Thus, any information that meets the 
definition of emissions data (see 40 CFR 2.301(a)(2)) will not be 
protected as CBI and will be made publicly available.

III. Definitions

    The definitions set forth in this section apply only when used in 
accordance with this notice.
    Acceptable digital formats are file types that are compatible with 
CEDRI or other EPA electronic document receiving system that the 
Administrator may designate.
    CDX is the EPA's Central Data Exchange, a central point which 
supplements the EPA reporting systems by performing new and existing 
functions for receiving legally acceptable data in various formats, 
including consolidated and integrated data. CDX can be accessed at 
https://cdx.epa.gov.
    CEDRI is the Compliance and Emission Data Reporting Interface which 
supports the electronic submission of performance test reports, 
notification reports, periodic reports, and Information Collection 
Requests (ICRs). CEDRI can be accessed via the CDX at https://cdx.epa.gov, and more information on the interface can be found at 
https://epa.gov/electronic-reporting-air-emissions/cedri.
    CFR is the United States' Code of Federal Regulations, which is the 
codification of the general and permanent rules published in the 
Federal Register by the departments and agencies of the Federal 
Government.
    CROMERR is the Cross-Media Electronic Reporting Rule, which 
provides the legal framework for electronic reporting under the EPA's 
regulatory programs and ensures the enforceability of regulatory 
information collected electronically by the EPA and the EPA's state, 
tribal, and local government partners.
    Electronic submission of reports, notifications, or other 
submission types is the submission of a digital version of a paper (or 
as specified in this notice, an email) report, notification, or other

[[Page 78302]]

submission type to an approved EPA electronic document receiving 
system.
    ERT is the EPA's Electronic Reporting Tool, which is a Microsoft 
Access computer application that creates electronic versions of 
stationary source sampling test plans and reports of test results for 
performance tests and performance evaluations.
    E-Reporting (or electronic reporting) is a system in which an 
electronic tool guides the regulated entity through the reporting 
process often with built-in compliance assistance and data quality 
checks.

Joseph Goffman,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2024-21893 Filed 9-24-24; 8:45 am]
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