CROMERR Lessons Learned From Oklahoma

From Exchange Network Wiki

Following are some lessons learned from OK DEQ whose CROMERR application is available at www.cromerr.net/

Steps for Successful CROMERR Application from a Lawyer’s Point of View

Prepared by Martha Penisten, Acting General Counsel, Oklahoma DEQ – October 2008

1. Designate CROMERR team leader(s) (Legal staff & IT staff) to coordinate other agency staff and the application process

2. Team leader(s) should study and understand the federal Cross Media Electronic Reporting Rules, including

(a) Purpose of rule (integrity and security of electronic reports);
(b) Required parts of CROMERR application

i – Application cover sheet(s) – get forms from EPA
ii – Attorney General’s Statement of legal authority to implement CROMERR
iii – Any rules promulgated by the agency to implement CROMERR

(c) Technical requirements /options to ensure your agency’s electronic reporting system is set up in such a way that it will meet the legal standard of proof required for criminal prosecutions (i.e., beyond a reasonable doubt) –The idea is to ensure your ability to do civil or criminal enforcement against anyone falsifying reports submitted electronically

3. Decide whether each federally-delegated program in your agency should submit its own CROMERR application or whether your agency will submit one application to cover all federally-delegated programs in the agency (OK DEQ submitted one application to cover all programs)

4. Discuss with agency management and get their buy-in and support concerning the manner in which the team leaders propose to handle the project

5. Form a CROMERR team with representatives from each division with federally-delegated programs (especially If you are submitting one application for the entire agency)

6. Each division / program representative identifies electronic reports required pursuant to their federally-delegated programs

7. Involve upper management of your agency and individual division directors at this stage to ensure each division’s list of reports is complete and accurate; the reports identified here will become part of the CROMERR application cover sheet (see 2.a.i above)

8. Decide whether it is necessary for your agency to promulgate rules on electronic reporting in order to implement CROMERR

9. Any rules promulgated for CROMERR purposes must be effective prior to submitting the CROMERR application to EPA , so plan ahead (legal staff)

10. Prepare Attorney General’s Statement showing legal authority to implement CROMERR (legal staff)

11. Prepare application cover sheets which include the technical aspects of your electronic reporting system that support the applicable legal standard of proof (IT staff)

12. Go to www.cromerr.net for additional information

Tips from the Project Manager of the CROMERR system

1. It is of critical importance to approach this from a 'team-perspective'. At minimum, the team needs to include legal staff, a software architect, a programmer, and someone to get buy-in from the program staff.

2. It is our strong recommendation that in the event your agency has a centralized IT section, and handles multi-media regulation (land, air, and water), that you DO NOT undertake an ad-hoc approach; creating a different solution for each reporting mechanism. Perhaps in a single-media agency, or an agency with non-centralized IT, there might be a case to be made for ad-hoc ‘one-offs’ to handle each reporting mechanism individually. However, as an IT Manager I am quite glad we have one unified solution, as opposed to 3 media-specific solutions or a dozen or more program-specific solutions.

3. Don’t count on EPA for all the answers on this undertaking. This is their first time to do CROMERR, and they are still learning how to develop this program. Do your own homework and immerse yourself in the CROMERR standards until you understand the “why” of “what” it is you are doing.

Links

• To CROMERR wiki page
• To CROMERR on EPA website