Spencer Fane LLP Logo

Hazardous Waste Generators, Transporters, and TSDFs Should Plan Now for EPA’s 2018 e-Manifest System

Authorized by Congress in 2012, the EPA’s Electronic Manifest System (e-Manifest) will become effective on June 30, 2018.  When they register, generators, transporters, and receivers of hazardous wastes will be able to use this system to facilitate the electronic transmission of the uniform hazardous waste manifest form.  States must adopt the provisions of the final rule in order to enforce them under state law and to maintain manifest program consistency.

When available on June 30, 2018, the e-Manifest system will provide the following functions for:

Generators and transporters: Able to create, edit, and sign manifests and to retrieve copies and status information on manifests. Transporters can also locate manifests created by generators that indicate they are the intended transporter;

Receiving facilities: Able to sign manifests when the waste is received, submit the manifests to EPA, make corrections to submitted manifests, and retrieve copies of manifests submitted within the past three years.

Only the approximately 400 treatment, storage, and disposal (TSD) facilities in the United States that receive hazardous waste shipments will pay the user fees; not generators or transporters.  In its January 3, 2018 rulemaking, EPA finalized the method it will use to set and revise e-manifest user fees. [See 83 Fed.Reg.420; https://www.gpo.gov/fdsys/pkg/FR-2018-01-03/pdf/2017-27788.pdf]  Paper manifests will still exist, but they will be subject to higher fees.

Note: EPA suggests that, in those states that opted into either or both of the Biennial Report or My RCRAid programs, a company should register at least two (2) site managers who will be able to view, prepare and sign manifest forms for the company’s site(s).

Follow these links for details about the new system.

This post was drafted by John Watson, an attorney in the Denver, CO office of Spencer Fane LLP. For more information, visit spencerfane.com.