(a) A reporter shall submit to the department a subscriber agreement to identify one or more signatories if:

1. (1) The reporter has not previously used the specific NHEDRS to be used; or
2. (2) A new or additional signatory is being designated.

(b) Each subscriber agreement shall:

1. (1) Be in writing; and
2. (2) Bear the handwritten signatures of the authorized official and of the signatory that have been notarized in accordance with RSA 456-B.

(c) The reporter shall provide the following information on the “Signatory Subscriber Agreement For CROMERR Compliance” dated August 2019, NHDES-C-05-002:

1. (1) The name, mailing address, and main telephone number including area code of the reporter;
2. (2) The name, title, daytime telephone number including area code, and email address of the authorized official;
3. (3) The name of the regulated site or activity, if other than the name provided pursuant to (1), above;
4. (4) The location of the regulated site or activity, if other than the mailing address provided pursuant to (1), above; and
5. (5) The name, title, daytime telephone number including area code, and email address of the signatory.

(e) The signature of the authorized official required by (d), above, shall constitute certification that the authorized official:

1. (1) Understands that the subscriber agreement allows the signatory to submit electronic documents required by authorized NH programs on behalf of the reporter to the NHEDRS in lieu of paper submissions;
2. (2) Has read and understands the rules in Env-C 214 relative to transmitting electronic documents for CROMERR compliance;
3. (3) Affirms the individual identified as signatory is duly authorized to submit electronic documents on behalf of the reporter using the NHEDRS;
4. (4) Understands and agrees that the reporter and the authorized official will be legally bound, obligated, and held responsible by the signatory’s use of the NHEDRS to the same extent as submitting a paper document bearing the authorized official’s handwritten signature;
5. (5) Understands that the authorized official will have the opportunity to review each electronic document to be submitted, including any required certification statements, in a human-readable format and to prevent the filing of any electronic document that is untrue, incomplete, or misleading;
6. (6) Understands that the NHEDRS will automatically reject any electronic document submitted without a valid electronic signature if such signature is required, and that such rejection means that the required document has not been filed and the reporter will be subject to whatever penalties might apply to the failure to file;
7. (7) Agrees to notify the NHEDRS contact that the authorized official is no longer authorized to represent the reporter as soon as the authorization is revoked;
8. (8) Agrees to notify the NHEDRS contact that the signatory is no longer authorized to represent the reporter as soon as the authorization is revoked;
9. (9) Agrees to retain a copy of the fully executed subscriber agreement as long as the authorized official continues to represent the reporter; and

10. (10) Understands that transmitting an electronic document using the NHEDRS subjects the reporter and the authorized official to:

    1. a. The same state or federal administrative, civil, criminal, or other penalties and remedies as apply to submitting incomplete, false, or misleading information in paper format;
    2. b. Any applicable state or federal administrative, civil, criminal, or other penalties and remedies that apply to not complying with all requirements for using the NHEDRS; and
    3. c. Criminal penalties for falsification in official matters, currently established in RSA 641.

(f) The signature of the signatory required by (d), above, shall constitute certification that the signatory:

1. (1) Understands that the subscriber agreement allows the signatory to submit electronic documents required by authorized NH programs on behalf of the reporter to the NHEDRS in lieu of paper submissions;
2. (2) Has read and understands the rules in Env-C 214 relative to transmitting electronic documents for CROMERR compliance;
3. (3) Has been authorized to submit electronic documents on behalf of the reporter using the NHEDRS;
4. (4) Understands that the reporter and the signatory will be legally bound, obligated, and held responsible by the signatory’s use of the NHEDRS to the same extent as submitting a paper document bearing the signatory’s handwritten signature;
5. (5) Will review each electronic document to be submitted in a human-readable format prior to transmitting the document and only transmit those electronic documents the signatory believes to be true, complete, and not misleading;
6. (6) Understands that the NHEDRS will automatically reject any electronic document submitted without a valid electronic signature if such signature is required, and that such rejection means that the required document has not been filed and the reporter will be subject to whatever penalties might apply to the failure to file;
7. (7) Understands that he or she will automatically receive an e-mail receipt from the NHEDRS for each submission that contains a valid electronic signature, which will identify the document received, the signatory, and the date and time of receipt;
8. (8) Will notify the NHEDRS contact if an e-mail receipt is not received as specified in (7), above, within 5 business days of transmitting any electronic document to the NHEDRS;

9. (9) Agrees to protect the signatory’s unique electronic signature device from compromise and from use by anyone else, and specifically agrees to:

   1. a. Maintain the secrecy of the signatory’s access information;
   2. b. Not divulge or delegate the signatory’s access information to any other individual;
   3. c. Not store the access information in an unprotected location; and
   4. d. Not allow any access information to be written into computer scripts to achieve automated log-in;
10. (10) Agrees to notify the NHEDRS contact as soon as possible, but no later than 24 hours, after suspecting or determining that the signatory’s access information has been lost, stolen, or otherwise compromised;
11. (11) Understands that the department may contact the authorized official identified on the subscriber agreement to verify the signatory’s identity;
12. (12) Agrees to notify the NHEDRS contact that he or she is no longer authorized to act as a signatory as soon as the authorization is revoked;
13. (13) Agrees to retain a copy of the fully executed subscriber agreement as long as he or she continues to act as a signatory; and

14. (14) Understands that transmitting an electronic document using the EDRS subjects the signatory to:

    1. a. The same state or federal administrative, civil, criminal, or other penalties and remedies as apply to submitting incomplete, false, or misleading information in paper format;
    2. b. Any applicable state or federal administrative, civil, criminal, or other penalties and remedies that apply to not complying with all requirements for using the EDRS; and

    3. c. Criminal penalties for falsification in official matters, currently established in RSA 641.

       Source. #12880, eff 9-30-19

       Appendix A - Statutes/Regulations Implemented

       Rule Section(s)

       State Statute(s) Implemented

       Env-C 201

       RSA 541-A:16, I; RSA 541-A:30-a, III; all other statutes identified in this table

       Env-C 201.02(b)

       RSA 541-A:16, I(b)

       Env-C 202

       RSA 541-A:16, I; RSA 541-A:30-a, III; all other statutes identified in this table

       Env-C 202.07

       RSA 541-A:16, I

       Env-C 203

       RSA 541-A:16, I(a) and (b); RSA 541-A:30-a, III; all other statutes identified in this table

       Env-C 204

       RSA 541-A:16, I(b)(2); RSA 541-A:30, II; RSA 125-C:15, I-b; RSA 125-D:4; RSA 125-I:3-a; RSA 125-J:8, I-a; RSA 141-E:16; RSA 146-A:15; RSA 146-C:10-a; RSA 147-A:17-a; RSA 149-M:16; RSA 149-M:37, IV; RSA 482:79-a; RSA 482:89, II; RSA 482-A:13; RSA 483-B:18, III(c); RSA 485:58, IV; RSA 485-A:22,V; RSA 485-A:28, II; RSA 485-A:43,V; RSA 485-A:54,V; RSA 485-C:18; and RSA 487:7, II

       Env-C 204.24

       RSA 541-A:16, I(b)(2)

       Env-C 205

       RSA 541-A:16, I(b); RSA 541-A:11, I

       Env-C 206

       RSA 541-A:16, I(a) and (b); RSA 541-A:30-a, III; all other statutes identified in this table

       Env-C 207

       RSA 541-A:4; RSA 541-A:16, I(c)

       Env-C 208

       RSA 91-A:5, IV

       Env-C 209

       RSA 541-A:16, I(a) and (b); RSA 541-A:30, II; RSA 125-C:11; RSA 125-I:3, I; RSA 146-A:11-c; RSA 146-C:4; RSA 147-A:4; RSA 147-A:6; RSA 149-M:9; RSA 332-E:6; RSA 482:5; RSA 482:7; RSA 482:9; RSA 482:29; RSA 482:31; RSA 482-A:3; RSA 482-B:8, II; RSA 485:3; RSA 485:3-a; RSA 485-A:4, IX-b, IX-c, XVI-a and XVI-b; RSA 485-A:7-c; RSA 13, I(a); RSA 485-A:26, I; RSA 485-A:29; RSA 485-A:35, I; RSA 485-A:36, I; RSA 485-A:47; RSA 485-C:6-a; RSA 485-C:13

       Env-C 209.07

       RSA 541-A:16, I(b)

       Env-C 210

       RSA 541-A:16, I(a) and (b); RSA 91-A

       Env-C 211

       RSA 72:12-a

       Env-C 212

       RSA 541-A:16, I(d)

       Env-C 214

       RSA 294-E; RSA 541-A:16, I(b)

       Appendix B: Statutory Definitions

       21-G:36:

       III. “Request for application (RFA)” means an invitation to submit an offer to provide identified services to an agency where the amount of funding available and the particulars of how the services are to be provided are defined by the agency and where the selection of qualifying vendors will be according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

       IV. “Request for bid (RFB)” means an invitation to submit an offer to provide specified commodities or services to an agency at a price proposed by the bidder where selection is based on the lowest price meeting or exceeding specifications as stated in the bid.

       V. “Request for proposal (RFP)” means an invitation to submit a proposal to provide specified goods or services, where the particulars of the goods or services and the price are proposed by the vendor and, for proposals meeting or exceeding specifications, selection is according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

       40 CFR § 3.3

       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.

       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:

    4. (1) All electronic signatures contained in or logically associated with that document;
    5. (2) The date and time of receipt; and

    6. (3) Any other information used to record the meaning of the document or the circumstances of its receipt.

       Electronic document means any information in digital form that is conveyed to an agency or third-party, where “information” may include data, text, sounds, codes, computer programs, software, or databases. “Data,” in this context, refers to a delimited set of data elements, each of which consists of a content or value together with an understanding of what the content or value means; where the electronic document includes data, this understanding of what the data element content or value means must be explicitly included in the electronic document itself or else be readily available to the electronic document recipient.

       Electronic document receiving system means any set of apparatus, procedures, software, records, or documentation used to receive electronic documents.

       Electronic signature means any information in digital form that is included in or logically associated with an electronic document for the purpose of expressing the same meaning and intention as would a handwritten signature if affixed to an equivalent paper document with the same reference to the same content. The electronic document bears or has on it an electronic signature where it includes or has logically associated with it such information.

       Electronic signature agreement means an agreement signed by an individual with respect to an electronic signature device that the individual will use to create his or her electronic signatures requiring such individual to protect the electronic signature device from compromise; to promptly report to the agency or agencies relying on the electronic signatures created any evidence discovered that the device has been compromised; and to be held as legally bound, obligated, or responsible by the electronic signatures created as by a handwritten signature.

       Electronic signature device means a code or other mechanism that is used to create electronic signatures. Where the device is used to create an individual’s electronic signature, then the code or mechanism must be unique to that individual at the time the signature is created and he or she must be uniquely entitled to use it. The device is compromised if the code or mechanism is available for use by any other person.

       Federal program means any program administered by EPA under any other provision of Title 40.

       Federal reporting requirement means a requirement to report information directly to EPA under any other provision of Title 40.

       Handwritten signature means the scripted name or legal mark of an individual, handwritten by that individual with a marking-or writing-instrument such as a pen or stylus and executed or adopted with the present intention to authenticate a writing in a permanent form, where “a writing” means any intentional recording of words in a visual form, whether in the form of handwriting, printing, typewriting, or any other tangible form. The physical instance of the scripted name or mark so created constitutes the handwritten signature. The scripted name or legal mark, while conventionally applied to paper, may also be applied to other media.

       Subscriber agreement means an electronic signature agreement signed by an individual with a handwritten signature. This agreement must be stored until five years after the associated electronic signature device has been deactivated.

       Transmit means to successfully and accurately convey an electronic document so that it is received by the intended recipient in a format that can be processed by the electronic document receiving system.

       Valid electronic signature means an electronic signature on an electronic document that has been created with an electronic signature device that the identified signatory is uniquely entitled to use for signing that document, where this device has not been compromised, and where the signatory is an individual who is authorized to sign the document by virtue of his or her legal status and/or his or her relationship to the entity on whose behalf the signature is executed.