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Statement of Need: Federal and State laws for the current paper-based manifest system require hazardous waste handlers (i.e., generators, transporter, and treatment, storage, and disposal facilities) to track hazardous waste shipments from cradle-to-grave using the uniform hazardous waste manifest form (EPA Form 8700-22). Currently, hazardous waste handlers prepare between 4.6 to 5.6 million manifests annually. The current paper-based manifest system is inefficient and waste handlers incur substantial costs to comply with the current requirements to complete, carry, sign, file, and mail paper manifest copies. EPA has been exploring ways to reduce burden for hazardous waste handlers by transitioning from a paper-based reporting system to an electronic reporting system. This is consistent with EO 13563's directive to reduce regulatory burden. This action also codifies new statutory provisions contained in the "Hazardous Waste Electronic Manifest Establishment Act," which directs EPA to issue a regulation that authorizes use of electronic manifests for tracking hazardous wastes."

Summary of the Legal Basis: The President signed the "Hazardous Waste Electronic Manifest Establishment Act" into law on October 5, 2012. The Act amended RCRA to direct the EPA Administrator to establish a hazardous waste electronic manifest system. Section 2(g)(1)(A) of the Act directs EPA to promulgate final regulations, after consultation with the Secretary of Transportation, authorizing the use of electronic manifests within one year of enactment (i.e., by October 5, 2013). Section 2(b) directs the Agency to establish an e-Manifest system that may be used by any user within three years from the date of enactment of the Act (i.e., by October 5, 2015). This action simply codifies several of the provisions of the e-Manifest Act and authorizes the use of the electronic manifests that will be available when the information technology (IT) system is developed and operational.

Alternatives: EPA has explored various electronic manifest approaches for tracking hazardous wastes. In May 2001, EPA proposed a standards-based decentralized approach under which EPA would establish and maintain the standards that would guide the development of electronic manifest systems by private sector entities that chose to participate in the system. In May 2004, EPA held a two-day public meeting to solicit input and preferences from stakeholders and other interested persons on the development and implementation of the e-Manifest. Based on comments to the 2001 proposed rule and input received from stakeholders at the public meeting, EPA published a follow-up notice in April 2006, which announced and requested comment on EPA's preferred approach for electronically completing and transmitting manifests through a national, centralized web-based IT system.

Anticipated Costs and Benefits: This action does not establish a system for the collection of electronic manifests, nor does it compel industry or State stakeholders now using the paper manifest system to change their behavior and thus incur costs or benefits. This action simply establishes the legal and policy framework for the national e-Manifest system and by itself will not result in any tangible costs, benefits, or other impacts to the regulated community or the Government at this time. The e-Manifest option will only become available when EPA develops and implements this new electronic system and establishes a program of fees to be imposed upon users of the e-manifest system. A subsequent rulemaking will establish the schedule of user fees for the system and announce the date on which the e-Manifest will be implemented and available to users. While this action does not quantify the economic benefits for an e-Manifest system, EPA expects that the non-economic benefits will be significant as the system will provide (1) much improved data quality from the manifest creation and editing aids that will be available in an electronic system; (2) greater inspection and oversight efficiencies for regulators who can access manifests more readily with electronic search aids; (3) greater transparency for and empowerment of communities with more accurate information about completed waste shipments and management trends; and (4) the efficiencies of consolidating duplicative Federal and State waste data reporting requirements with one-stop reporting.

Risks: This action does not address any particular risks in EPA's jurisdiction as it does not change existing requirements for manifesting hazardous waste shipments. It merely authorizes the use of electronic manifests at such time as the system to receive them is built and operational.