cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
8 rows where part_number = 3 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 40:40:1.0.1.1.3.1.1.1 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | A | Subpart A—General Provisions | § 3.1 Who does this part apply to? | EPA | [70 FR 59879, Oct. 13, 2005, as amended at 74 FR 59106, Nov. 17, 2009] | (a) This part applies to: (1) Persons who submit reports or other documents to EPA to satisfy requirements under Title 40 of the Code of Federal Regulations (CFR); and (2) States, tribes, and local governments administering or seeking to administer authorized programs under Title 40 of the CFR. (b) This part does not apply to: (1) Documents submitted via facsimile in satisfaction of reporting requirements as permitted under other parts of Title 40 or under authorized programs; (2) Electronic documents submitted via magnetic or optical media such as diskette, compact disc, digital video disc, or tape in satisfaction of reporting requirements, as permitted under other parts of Title 40 or under authorized programs; or (3) Documents and information submitted under grants, cooperative agreements, or financial assistant regulations contained in Title 40. (c) This part does not apply to any data transfers between EPA and states, tribes, or local governments as a part of their authorized programs or as a part of administrative arrangements between states, tribes, or local governments and EPA to share data. | |||
| 40:40:1.0.1.1.3.1.1.2 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | A | Subpart A—General Provisions | § 3.2 How does this part provide for electronic reporting? | EPA | (a) Electronic reporting to EPA. Except as provided in § 3.1(b), any person who is required under Title 40 to create and submit or otherwise provide a document to EPA may satisfy this requirement with an electronic document, in lieu of a paper document, provided that: (1) He or she satisfies the requirements of § 3.10; and (2) EPA has first published a notice in the Federal Register announcing that EPA is prepared to receive, in electronic form, documents required or permitted by the identified part or subpart of Title 40. (b) Electronic reporting under an EPA-authorized state, tribe, or local program. (1) An authorized program may allow any document submission requirement under that program to be satisfied with an electronic document provided that the state, tribe, or local government seeks and obtains revision or modification of that program in accordance with § 3.1000 and also meets the requirements of § 3.2000 for such electronic reporting. (2) A state, tribe, or local government that is applying for initial delegation, authorization, or approval to administer a federal program or a program in lieu of the federal program, and that will allow document submission requirements under the program to be satisfied with an electronic document, must use the procedures for obtaining delegation, authorization, or approval under the relevant part of Title 40 and may not use the procedures set forth in § 3.1000; but the application must contain the information required by § 3.1000(b)(1) and the state, tribe, or local government must meet the requirements of § 3.2000. (c) Limitations. This part does not require submission of electronic documents in lieu of paper. This part confers no right or privilege to submit data electronically and does not obligate EPA, states, tribes, or local governments to accept electronic documents. | ||||
| 40:40:1.0.1.1.3.1.1.3 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | A | Subpart A—General Provisions | § 3.3 What definitions are applicable to this part? | EPA | The definitions set forth in this section apply when used in this part. Acknowledgment means a confirmation of electronic document receipt. Administrator means the Administrator of the EPA. Agency means the EPA or a state, tribe, or local government that administers or seeks to administer an authorized program. Agreement collection certification means a signed statement by which a local registration authority certifies that a subscriber agreement has been received from a registrant; the agreement has been stored in a manner that prevents unauthorized access to these agreements by anyone other than the local registration authority; and the local registration authority has no basis to believe that any of the collected agreements have been tampered with or prematurely destroyed. Authorized program means a Federal program that EPA has delegated, authorized, or approved a state, tribe, or local government to administer, or a program that EPA has delegated, authorized, or approved a state, tribe or local government to administer in lieu of a Federal program, under other provisions of Title 40 and such delegation, authorization, or approval has not been withdrawn or expired. Central Data Exchange means EPA's centralized electronic document receiving system, or its successors, including associated instructions for submitting electronic documents. Chief Information Officer means the EPA official assigned the functions described in section 5125 of the Clinger Cohen Act (Pub. L. 104-106). Copy of record means a true and correct copy of an electronic document received by an electronic document receiving system, which copy 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: (1) All electronic signatures contained in or logically associated with that document; (2) The date and time of receipt; and (3) Any other information used to record the meanin… | ||||
| 40:40:1.0.1.1.3.1.1.4 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | A | Subpart A—General Provisions | § 3.4 How does this part affect enforcement and compliance provisions of Title 40? | EPA | (a) A person is subject to any applicable federal civil, criminal, or other penalties and remedies for failure to comply with a federal reporting requirement if the person submits an electronic document to EPA under this part that fails to comply with the provisions of § 3.10. (b) A person is subject to any applicable federal civil, criminal, or other penalties or remedies for failure to comply with a State, tribe, or local reporting requirement if the person submits an electronic document to a State, tribe, or local government under an authorized program and fails to comply with the applicable provisions for electronic reporting. (c) Where an electronic document submitted to satisfy a federal or authorized program reporting requirement 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 would on a paper document submitted to satisfy the same federal or authorized program reporting requirement. (d) Proof that a particular signature device was used to create an electronic signature will suffice to establish that the individual uniquely entitled to use the device did so with the intent to sign the electronic document and give it effect. (e) Nothing in this part limits the use of electronic documents or information derived from electronic documents as evidence in enforcement or other proceedings. | ||||
| 40:40:1.0.1.1.3.2.1.1 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | B | Subpart B—Electronic Reporting to EPA | § 3.10 What are the requirements for electronic reporting to EPA? | EPA | (a) A person may use an electronic document to satisfy a federal reporting requirement or otherwise substitute for a paper document or submission permitted or required under other provisions of Title 40 only if: (1) The person transmits the electronic document to EPA's Central Data Exchange, 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; and (2) The electronic document bears all valid electronic signatures that are required under paragraph (b) of this section. (b) An electronic document must bear the valid electronic signature of a signatory if that signatory would be required under Title 40 to sign the paper document for which the electronic document substitutes, unless EPA announces special provisions to accept a handwritten signature on a separate paper submission and the signatory provides that handwritten signature. | ||||
| 40:40:1.0.1.1.3.2.1.2 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | B | Subpart B—Electronic Reporting to EPA | § 3.20 How will EPA provide notice of changes to the Central Data Exchange? | EPA | (a) Except as provided under paragraph (b) of this section, whenever EPA plans to change Central Data Exchange hardware or software in ways that would affect the transmission process, EPA will provide notice as follows: (1) Significant changes to CDX: Where the equipment, software, or services needed to transmit electronic documents to the Central Data Exchange would be changed significantly, EPA will provide public notice and seek comment on the change and the proposed implementation schedule through the Federal Register ; (2) Other changes to CDX: EPA will provide notice of other changes to Central Data Exchange users at least sixty (60) days in advance of implementation. (3) De minimis or transparent changes to CDX: For de minimis or transparent changes that have minimal or no impact on the transmission process, EPA may provide notice if appropriate on a case-by-case basis. (b) Emergency changes to CDX: Any change which EPA's Chief Information Officer or his or her designee determines is needed to ensure the security and integrity of the Central Data Exchange is exempt from the provisions of paragraph (a) of this section. However, to the extent consistent with ensuring the security and integrity of the system, EPA will provide notice for any change other than de minimis or transparent changes to the Central Data Exchange. | ||||
| 40:40:1.0.1.1.3.4.1.1 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | D | Subpart D—Electronic Reporting Under EPA-Authorized State, Tribe, and Local Programs | § 3.1000 How does a state, tribe, or local government revise or modify its authorized program to allow electronic reporting? | EPA | [70 FR 59879, Oct. 13, 2005, as amended at 72 FR 43169, Aug. 3, 2007; 73 FR 78994, Dec. 24, 2008] | (a) A state, tribe, or local government that receives or plans to begin receiving electronic documents in lieu of paper documents to satisfy requirements under an authorized program must revise or modify such authorized program to ensure that it meets the requirements of this part. (1) General procedures for program modification or revision: To revise or modify an authorized program to meet the requirements of this part, a state, tribe, or local government must submit an application that complies with paragraph (b)(1) of this section and must follow either the applicable procedures for program revision or modification in other parts of Title 40, or, at the applicant's option, the procedures provided in paragraphs (b) through (e) of this section. (2) Programs planning to receive electronic documents under an authorized program: A state, tribe, or local government that does not have an existing electronic document receiving system for an authorized program must receive EPA approval of revisions or modifications to such program in compliance with paragraph (a)(1) of this section before the program may receive electronic documents in lieu of paper documents to satisfy program requirements. (3) Programs already receiving electronic documents under an authorized program: A state, tribe, or local government with an existing electronic document receiving system for an authorized program must submit an application to revise or modify such authorized program in compliance with paragraph (a)(1) of this section no later than January 13, 2010. On a case-by-case basis, this deadline may be extended by the Administrator, upon request of the state, tribe, or local government, where the Administrator determines that the state, tribe, or local government needs additional time to make legislative or regulatory changes in order to meet the requirements of this part. (4) Programs with approved electronic document receiving systems: An authorized program that has EPA's approval to accept electronic documents in lieu of pap… | |||
| 40:40:1.0.1.1.3.4.1.2 | 40 | Protection of Environment | I | A | 3 | PART 3—CROSS-MEDIA ELECTRONIC REPORTING | D | Subpart D—Electronic Reporting Under EPA-Authorized State, Tribe, and Local Programs | § 3.2000 What are the requirements authorized state, tribe, and local programs' reporting systems must meet? | EPA | (a) Authorized programs that receive electronic documents in lieu of paper to satisfy requirements under such programs must: (1) Use an acceptable electronic document receiving system as specified under paragraphs (b) and (c) of this section; and (2) Require that any electronic document must bear the 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, unless the program has been approved by EPA to accept a handwritten signature on a separate paper submission. The paper submission must contain references to the electronic document sufficient for legal certainty that the signature was executed with the intention to certify to, attest to, or agree to the content of that electronic document. (b) An electronic document receiving system that receives electronic documents submitted in lieu of paper documents to satisfy requirements under an authorized program must be able to generate data with respect to any such electronic document, as needed and in a timely manner, including a copy of record for the electronic document, sufficient to prove, in private litigation, civil enforcement proceedings, and criminal proceedings, that: (1) The electronic document was not altered without detection during transmission or at any time after receipt; (2) Any alterations to the electronic document during transmission or after receipt are fully documented; (3) The electronic document was submitted knowingly and not by accident; (4) Any individual identified in the electronic document submission as a submitter or signatory had the opportunity to review the copy of record 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 and had the opportunity to repudiate the electronic document based on this review; and (5) In the case of an electronic document that must bear electronic signatures … |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);