Oklahoma OAC 252 Chapter 4. Rules of Practice and Procedure, Subchapter 17. Electronic Reporting, SIP effective May 11, 2020 (OKd29)
Regulatory Text:
Oklahoma Administrative Code, Title 252, Department of Environmental Quality
Chapter 4. Rules of Practice and Procedures (OAC 252:4)
SUBCHAPTER 17. ELECTRONIC REPORTING (OAC 252:4-17), OKd29
All sections approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
New rule adopted in the Oklahoma Register June 1, 2007 (24 OkReg 1507) effective June 15, 2007.
Submitted to EPA May 16, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0005 [OK029.05] Adobe file page 840
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation: No explanation for any of the sections.
Sections:
252:4–17–1 Purpose, authority and applicability, OKd29
252:4–17–2 Definitions, OKd29
252:4–17–3 Use of electronic document receiving system, OKd29
252:4–17–4 Electronic signature agreement, OKd29
252:4–17–5 Valid electronic signature, OKd29
252:4–17–6 Effect of electronic signature, OKd29
252:4–17–7 Enforcement, OKd29
252:4-17-1. Purpose, authority and applicability, OKd29
(a) Purpose. The rules in this Subchapter implement the United States Environmental Protection Agency's Cross Media Electronic Reporting Rule (CROMERR), as published in the October 13, 2005 issue of the Federal Register (70 FR 59848 - 59889), and which became effective January 11, 2006.
(b) Authority. The rules in this Subchapter were promulgated and adopted under the authority of the Oklahoma Environmental Quality Code, 27A O.S. §§ 2-1-101 et seq., including specifically § 2-2-101(H); the Oklahoma Administrative Procedures Act, 75 O.S. § 302; and the Oklahoma Uniform Electronic Transactions Act, 12A O.S. §§ 15-101 et seq.
(c) Applicability. The rules in this Subchapter;
(1) apply to:
(A) persons and signatories who submit electronic reports or other documents to the DEO to satisfy requirements of Title 40 of the Code of Federal Regulations (40 CFR) for authorized programs for which the Executive Director has designated on the DEO's public website that the DEO is accepting specified electronic documents; and
(B) the DEO's electronic document receiving system and other software applications implemented, revised, or modified as communicated by the DEO.
(2) do not apply to:
(A) documents submitted via facsimile;
(B) electronic documents submitted via magnetic or optical media such as diskette, compact disc, digital video disc, or tape; or
(C) electronic documents submitted through the DEO's electronic document receiving system pursuant to a non-federal state-only program.
**end OAC 252-4-17-1 SIP effective May 11, 2020 (OKd29)**b22**
252:4-17-2. Definitions, OKd29
In addition to the Definitions in Subchapter 1 of this Chapter, the following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Authorized program" means a federal program that the United States Environmental Protection Agency (EPA) has delegated to, authorized, or approved the DEQ, on behalf of the State of Oklahoma, to administer, or a program that the EPA has delegated to, authorized, or approved the DEQ to administer in lieu of a federal program, under provisions of 40 CFR and for which the delegation, authorization or approval has not been withdrawn or expired.
"Copy of record" means a true and correct copy of an electronic document received by an electronic document receiving system, which can be viewed in a human-readable format that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling of the information. A copy of record includes:
(A) any electronic signature contained in or logically associated with the document;
(B) the date and time of receipt; and
(C) any other information used to record the meaning
of the document or the circumstances of its receipt.
"Electronic document" means any information that is submitted to the DEQ's electronic document receiving system in digital form to satisfy requirements of an authorized program and may include data, text, sounds, codes, computer programs, software, or databases.
"Electronic document receiving system" means the apparatus, procedures, software, or records established and used by the DEQ to receive electronic documents in lieu of paper.
"Electronic signature" means any information in digital form attached to or logically associated with a record submitted to the DEQ's electronic document receiving system and executed or adopted by a person with the intent of expressing the same meaning as would a handwritten signature if affixed to an equivalent paper document with the same content.
"Electronic signature agreement" means a web based agreement attested to by an individual with respect to a device that the individual will use to create his or her electronic signature.
"Electronic signature device" means a code or other mechanism, assigned to an individual who is uniquely entitled to use it and that is then used to create the individual's electronic signature.
"Federal program" means any program administered by EPA under any provision of 40 CFR.
"Handwritten signature" means the scripted name or legal mark of an individual made by that individual with the present intention to authenticate a writing in a permanent form.
"Signatory" means an individual authorized to and who signs a document submitted to the DEQ's electronic document receiving system pursuant to an electronic signature agreement in a format acceptable to the DEQ.
"State program" means any program other than an authorized program that is implemented by DEQ under the Oklahoma Environmental Quality Code or other laws of the State of Oklahoma.
"Valid electronic signature" means an electronic signature on an electronic document created by using an electronic signature device that the identified signatory is uniquely entitled to use for signing the electronic document, provided the device has not been compromised and provided the signatory is an individual authorized to sign the document by virtue of legal status or relationship to the entity on whose behalf the signature is created.
***end OAC 252-4-17-2 SIP effective May 11, 2020 (OKd29)***b22***
252:4-17-3. Use of electronic document receiving system, OKd29
(a) Announcement on public website. When the Executive Director has announced on the DEO's public website that the DEO is accepting specified electronic documents in lieu of paper to satisfy requirements under authorized programs, individuals who submit such electronic documents must use the DEO's CROMERR-compliant electronic document receiving system.
(b) Submittals requiring signature. Any electronic document submitted must bear a valid electronic signature of a signatory, if that signatory would be required under the authorized program to sign the paper document for which the electronic document substitutes.
(c) Submittals not requiring signature. If no signature is required under the authorized program, individuals may submit electronic documents in lieu of paper to satisfy requirements of such programs through the DEO's CROMERR-compliant electronic document receiving system without an electronic signature or an electronic signature agreement.
***end OAC 252-4-17-3 SIP effective May 11, 2020 (OKd29)***b22***
252:4-17-4. Electronic signature agreement, OKd29
(a) Agreement to be executed. In the case of an electronic document that must bear the electronic signature of a signatory under an authorized program, each signatory must execute an electronic signature agreement.
(b) Form and content of agreement. The electronic signature agreement shall include the information and follow the format provided on the DEO website through the electronic document receiving system registration process. The agreement shall serve as attestation that the individual has the authority to serve as a signatory under an authorized program.
(c) Verification. The identity of each individual submitting an electronic signature agreement shall be verified by the electronic document receiving system registration process. After the DEQ has satisfactorily completed the verification, the DEQ shall notify the individual electronically, issue a unique electronic signature device to the individual, and request that the individual establish a password to be used in connection with the device.
***end OAC 252-4-17-4 SIP effective May 11, 2020 (OKd29)***b22***
252:4-17-5. Valid electronic signature, OKd29
(a) Signatory. An authorized signatory may not allow another individual to use the electronic signature device unique to his or her electronic signature.
(b) Unique signature device. When the electronic signature device is used to create an individual's electronic signature, the code or mechanism must be unique to that individual at the time the signature is created and the individual must be uniquely entitled to use it. The signatory shall:
(1) protect the electronic signature device from compromise; and
(2) report to the DEO, within one business day of discovery, any evidence that the security of the device has been compromised.
***end OAC 252-4-17-5 SIP effective May 11, 2020 (OKd29)***b22***
252:4-17-6. Effect of electronic signature, OKd29
(a) Electronic signature establishes intent. The presence of an electronic signature on an electronic document submitted to the DEO establishes that the signatory intended to sign the electronic document and to submit it to the DEO to fulfill the purpose of the electronic document.
(b) Electronic signature legally binding. Where an electronic document submitted to satisfy a reporting requirement of an authorized program bears an electronic signature, the electronic signature legally binds, obligates, and makes the signatory responsible to the same extent as the signatory's handwritten signature on a paper document submitted to satisfy the same reporting requirement. If an applicable law or rule requires a handwritten signature on a document, an electronic signature satisfies that requirement.
***end OAC 252-4-17-6 SIP effective May 11, 2020 (OKd29)***b22***
252:4-17-7. Enforcement, OKd29
(a) Penalties and other remedies. If the submitter or signatory fails to comply with a reporting requirement by failing to comply with the provisions of this subchapter, the electronic signature agreement, or other applicable reporting requirements, the submitter or signatory is subject to any appropriate civil or criminal penalties or other remedies under State law.
(b) Electronic document as evidence. Nothing in this subchapter or the authorized program limits the use of an electronic document, copy of record, or other information derived from an electronic document as evidence in enforcement proceedings.
***end OAC 252-4-17-7 SIP effective May 11, 2020 (OKd29)***b22***
***end OAC 252 Chapter 4, Subchapter17 SIP effective May 11, 2020 (OKd29)***b22***cxd***