How and When Will e-Manifests Be Available?
Congress revised RCRA in 2012 to require EPA to develop an optional e-manifest system for use by regulated parties (the “Hazardous Waste Electronic Manifest Establishment Act”). These amendments directed EPA to issue rules by October 2013, but they have just been published in the February 7, 2014 Federal Register. The rules are effective August 6, 2014, but fees and other compliance provisions (including specific electronic formats) will only apply once EPA establishes a working data collection and management system. By law this should be no later than October 5, 2015.
The e-Manifest system will provide waste handlers with the option to complete, sign, transmit, and store manifest information electronically in EPA’s electronic system – but it also allows users to continue to process paper Manifests (at least initially; EPA’s stated goal is a fully electronic system). States that currently receive and collect paper manifest copies will receive manifest data electronically from the system. All provisions will trigger at the same time, including the following:
- Availability of an operational national e-Manifest system, including provisions for delegation to states that qualify to assume state-level management.
- Application of e-Manifest requirements to each shipment unless paper is requested and used by a waste handler that opts out of the electronic system (if any handler of a particular manifest opts out, then paper copies will be required for all participating parties).
- Eligibility to track shipments not subject to manifest requirements (e.g., universal wastes and state-only wastes exempt from RCRA).
- Continuation of other requirements that may require paper copies, including requirements of other RCRA provisions (such as Land Disposal Restriction (LDR) certifications, shipment Exception Reports and Discrepancy Reports, and import/export documentation) and Department of Transportation hazardous materials regulations (including requirement that a paper copy of a shipping paper accompany each shipment).
- Fees for Manifests submitted to the system, in paper and electronic form.
- Capability to transmit waste receipt data for generators’ hazardous waste Biennial Reports.
- Provisions for public access to information (providing for confidential business information (CBI) claims).
EPA identifies substantial savings in users’ compliance time burdens, and benefits from flexible real-time data covering routine hazardous waste shipments and transportation incidents as well. The agency anticipates that these benefits will lead to general adoption of e-Manifesting over time.
Implementation Checklist:
If your organization is involved in hazardous waste transportation, consider the following checklist:
Does my organization participate in hazardous waste transportation?
- Hazardous waste generator initiating shipments?
- Hazardous waste transporter?
- Destination facility (TSDF, recycler)?
Does my organization comply with applicable hazardous waste manifest requirements, including preparation and distribution of paper copies as required?
