Rulemaking - Electronic Manifest Rules
See NYSDEC's e-Manifest webpage for more information.
On February 7, 2014, the United States Environmental Protection Agency adopted the e-Manifest rule.
- Under EPA's rule, electronic manifests will be considered equivalent to paper manifests for use in tracking hazardous waste shipments. EPA will be responsible for developing and maintaining the national system.
- The rule also affects confidential business information (CBI) claims and public availability of data. This part of EPA's rule goes into effect throughout the United States on August 6, 2014.
- The electronic system will start in all states at the same time, regardless of whether or not the individual states have adopted effective regulations. The e-Manifest system will launch on June 30th, 2018. Authorized states are, however, required to adopt equivalent and consistent provisions. States are required to adopt more stringent provisions by July 1, 2015. If statutory changes are needed, the state has an extra year.
- The state must adopt language that allows electronic manifests in lieu of paper manifests. Paper manifests will still be allowed, but if paper manifests are used, the destination facility will be required to enter the manifest into the federal system, or send it to EPA to be entered.
DEC expects to continue to collect certain information: state specific waste codes for PCB-contaminated wastes; disposal method codes for regulatory fee purposes. DEC acknowledges the benefits of electronic tracking of hazardous waste manifest shipments, and is considering no longer collecting hard copy forms from hazardous waste generators, transporters and disposal facilities using the new e-Manifest system. If EPA's system proves to meet the state's needs, the latter requirement may be removed.