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TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL ELECTRONIC REPORTING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3149, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The regulations of the Department of Health and Environmental Control, relating to Environmental Electronic Reporting Requirements, designated as Regulation Document Number 3149, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are approved.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
New Regulation 61-115, Environmental Electronic Reporting Requirements, was promulgated to comply with the United States Environmental Protection Agency's (EPA) Cross-Media Electronic Reporting Rule (CROMERR), as published in the October 13, 2005, issue of the Federal Register (70 FR 59848 - 59889). Additionally, this regulation will provide consistent standards to include designated state-only programs in the Department's electronic document receiving systems in accordance with the Uniform Electronic Transactions Act (UETA) of 2004, S.C. Code Ann. Sections 26-6-10 et seq.
This regulation will impact the Department's federally-authorized programs by setting out specific requirements mandated by the EPA in order for the Department to continue accepting reports and applications electronically. CROMERR established performance standards against which Department electronic document receiving systems will be evaluated before EPA will approve changes to any of the Department's delegated, authorized, or approved programs to allow electronic reporting by the regulated community. In addition, this regulation will impact state programs by allowing the regulated community to file applications and reports for state programs electronically. The standards set forth in this regulation are necessary to ensure the legal enforceability of the documents. Electronic reporting under this rule is voluntary for regulated entities of state programs and federally-authorized programs. This regulation will provide a consistent framework by which the Department will accept, manage, and enforce electronic record submissions from the regulated community.
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