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EPA/SWER RIN: 2050-AG20 Publication ID: Fall 2013 
Title: Hazardous Waste Manifest Revisions--Standards and Procedures for Electronic Manifests 
Abstract: The "Hazardous Waste Electronic Manifest Establishment Act," signed into law by the President on October 5, 2012, established the authority for an electronic manifest program, including the development of a system collection of user fees and the establishment of an advisory group. The Act requires that the EPA issue regulations by October 5, 2013 that authorize the use of electronic manifests in lieu of the current manifest form (i.e., EPA Form 8700-22 and 8700-22A). There are between 4.6 to 5.6 million manifests processed each year, including manifests for State-defined hazardous wastes. Pursuant to the Act, this action is aimed at finalizing the development of EPA's Resource Conservation and Recovery Act (RCRA) regulatory standards and procedures that will govern the initiation, signing, transmittal, and retention of hazardous waste manifests using electronic documents and systems. EPA proposed electronic manifest standards in May 2001 as part of a more general manifest revision action that also addressed standardizing the paper manifest form's data elements and procedures (EPA Form 8700-22). The May 2001 electronic manifest proposed rule was 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. Since the proposal, the Agency has (1) continued its engagement with affected industry, States, and the general public to solicit input on the development of a nationwide e-manifest system, and (2) published an e-manifest approach in an April 18, 2006, Notice of Data Availability. EPA envisions that an e-manifest system will facilitate the electronic transmittal of manifests throughout the hazardous waste shipping process, including enabling better transparency by sharing data with the public at appropriate stages. This rule does not address the collection of fees, which will be dealt with in a subsequent rulemaking. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 260; 40 CFR 262; 40 CFR 263; 40 CFR 264; 40 CFR 265; 40 CFR 271 
Legal Authority: 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6926; PL 105-277 
Legal Deadline:
Action Source Description Date
Final  Statutory  The Hazardous Waste Electronic Manifest Establishment Act of 2012 requires the EPA to authorize the use of e-manifests by October 5, 2013.  10/05/2013 

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.

Timetable:
Action Date FR Cite
NPRM  05/22/2001  66 FR 28240 
Notice  04/01/2004  69 FR 17145 
Notice  04/18/2006  71 FR 19842 
Notice  02/26/2008  73 FR 10204 
Final Rule  11/00/2013   
Additional Information: Docket #:EPA-HQ-RCRA-2001-0032
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.epa.gov/epaoswer/hazwaste/gener/manifest/  
Sectors Affected: 2111 Oil and Gas Extraction; 2122 Metal Ore Mining; 2211 Electric Power Generation, Transmission and Distribution; 3221 Pulp, Paper, and Paperboard Mills; 323 Printing and Related Support Activities; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 482 Rail Transportation; 483 Water Transportation; 484 Truck Transportation; 5621 Waste Collection; 5622 Waste Treatment and Disposal 
RIN Data Printed in the FR: No 
Agency Contact:
Rich LaShier
Environmental Protection Agency
Solid Waste and Emergency Response
5304P,
Washington, DC 20460
Phone:703 308-8796
Fax:703 308-0514
Email: LaShier.Rich@epa.gov

Bryan Groce
Environmental Protection Agency
Solid Waste and Emergency Response
5304P,
Washington, DC 20460
Phone:703 308-8750
Fax:703 308-0514
Email: Groce.Bryan@epa.gov

 
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