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Q: Is the entire regulated community required to use the e-Manifests for shipping hazardous wastes?
A: At this time the EPA is not mandating use of e-Manifests although the agency has made it clear that the goal is to eventually switch over completely from paper to the e-Manifest system after the “transition period.” Anyone wishing to opt-out of using the electronic manifests will be required to request to use paper manifests and submit paper manifests to the EPA for inclusion in the e-Manifest system
Q: Will there be any fees charged for using the e-Manifest system?
A: Although it has not yet done so, the EPA is authorized by Congress to create a fee structure to include the recovery of costs incurred in collecting and processing data from any electronic or paper manifest submitted to the system. The fee structure will vary for those users who submit electronically and those who opt to submit a paper manifest. EPA also repeatedly states that because the goal is to convert completely to the e-Manifest system, they “will assess what measures might be effective to expedite the transition from paper manifests to electronic manifests, and may take input on fee incentives (e.g., shifting a greater portion of the system development or operating cost recovery to paper manifest submissions).”
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Q: Will the new e-Manifest system be able accommodate “state-only” or state-regulated industrial wastes that are not federally regulated hazardous wastes?
A: Yes. Anyone that is subject to authorized state programs that are more stringent or extensive than the federal requirements for use of manifests may also use the e-Manifest system to comply with both federal and state requirements.
Q: Will the e-Manifest system eliminate all paper associated with shipping hazardous wastes?
A: No. Only the authorized substitutes for the paper manifest – EPA Form 8700–22 (Manifest) and EPA and Form 8700–22A (Continuation Sheet) – will be accepted by the e-Manifest system. All other forms and documents that are required or that normally accompany a manifest must be submitted according to the regulations requiring them.
Q: Will hazardous waste transporters still be required to carry a printed copy of the electronic manifest?
A: Yes. Transporters of hazardous wastes that are subject to the hazardous materials regulations (HMR) at 49 CFR parts 171–180 will still be required by the U.S. Department of Transportation to carry a hard copy of the manifest, unless otherwise excepted.
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Q: How will the e-Manifest system address the problem of signatures that have always been a means of establishing the chain of command and personal responsibility for hazardous waste shipments?
A: The EPA investigated several different signature options including PIN or passwords, digital (encryption-based) handwritten signatures, and “secure digitized signatures” (logically bound to the manifest record by the hash function encryption method). The final decision, however, was to be “technology neutral,” which will allow the EPA to adapt to and keep pace with future technologies that may provide better signature options, rather than committing to just one technology now for the life of the system. With that in mind, EPA believes the most practical approach for the first-generation e-Manifest system will be the PIN/password signature method in combination with government-issued photo identification, license number entry and witness signature/certification, all of which will be prompted and collected by the system.
Q: Did the EPA determine any substantial benefits associated with implementing an e-Manifest system?
A: In 2009 the EPA conducted an Alternatives Analysis to evaluate several different e-Manifest system approaches and their relative costs and benefits. From this evaluation the EPA concluded that an e-Manifest system would produce annual savings of between 300,000 and 700,000 burden hours, and cost
savings exceeding $75 million per year. In addition to these broad benefits, the e-Manifest system will also provide users with waste receipt data for Biennial Reports required under the Resource Conservation and Recovery Act (RCRA).
I commend the EPA for moving forward with this policy. However, I do not yet understand why e-manifesting should be mandatory if my hazardous waste transport contractor must still retain a hard copy in the cab of the vehicle. Having a mandated e-manifest policy for the generator while EPA still requires a hard copy simultaneously does not make much sense to me. Perhaps EPA can *effectively* communicate and compromise with DOT? It is apparent that this should be thought through a little better before October 2015.