2020-17818. Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Kansas

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

This notice announces the Environmental Protection Agency's (EPA) approval of the State of Kansas's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

DATES:

EPA approves the authorized program revisions/modifications as of August 17, 2020.

FOR FURTHER INFORMATION CONTACT:

Shirley M. Miller, U.S. Environmental Protection Agency, Office of Information Management, Mail Stop 2824T, 1200 Pennsylvania Avenue NW, Washington, DC 20460, [phone], [e-mail].

SUPPLEMENTARY INFORMATION:

On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3 of title 40 of the 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. Subpart D of CROMERR requires that state, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPA-authorized programs must apply to EPA for a revision or modification of those programs and obtain EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, § 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the state, tribe or local government in place of procedures available under existing program-specific authorization regulations. An application submitted under the subpart D procedures must show that the state, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements.

On December 3, 2019, the Kansas Department of Health and Environment (KDHE) submitted an application titled KEIMS (Kansas Environmental Information Management System) for revisions/modifications to its EPA-approved programs under title 40 CFR to allow new electronic reporting. EPA reviewed KDHE's request to revise/modify its EPA-authorized programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revisions/modifications set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's decision to approve Kansas's request to revise/modify its following EPA-authorized programs to allow electronic reporting under 40 CFR parts 122, 125, 240-249, 260-270, 272-279, 280, and EPCRA Sections 302-304, 311-313 is being published in the Federal Register:

Part 123: EPA-Administered Permit Programs: the National Pollutant Discharge Elimination System (NPDES) Reporting under CFR 122 & 125

Part 239: Requirements for State Permit Program Determination of Adequacy (RCRA Subtitle C) Reporting under CFR 240-259

Part 271: Requirements for Authorization of State Hazardous Waste Programs (RCRA Subtitle C) Reporting under CFR 260-270, 272-279

Part 281: Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) Reporting under CFR 280

Emergency Planning and Community Right-to-Know Act (SARA Title 111/CRTK) Reporting under EPCRA Sections 302-304, 311-313

KDHE was notified of EPA's determination to approve its application with respect to the authorized programs listed above.

Dated: August 10, 2020.

Jennifer Campbell,

Acting Director, Office of Information Management.