August 11, 2020

Recommendations for Increasing e-Manifest Usage

Currently, e-manifests (fully electronic and hybrid) represent <0.5 percent of the approximately two million manifests EPA receives annually. One of the impediments to the use of e-manifests is the requirement for all generators, transporters, and receiving facilities that electronically sign manifests to register their e-signatures in full compliance with Cross-Media Electronic Reporting Rule (CROMERR) requirements under 40 CFR Part 3. In a meeting held April 14–16, 2020, the e-Manifest Advisory Board made many recommendations to the agency, including:

Focusing on enhancing the e-manifest system to allow better system integration/application program interfacing (API) between EPA’s e-manifest system and existing private industry electronic systems used by hazardous waste transporters and TSD facilities. Resolving the integration/API issues should facilitate a streamlined/simplified e-signature process and increase the use of e-manifests.
Streamlining the e-signature registration process under CROMERR:

Require generators and transporters to have only one Site Manager (with a second Site Manager as a back-up) who identifies the name and email address/phone number of the individual who will be electronically signing the manifest. These individuals would not necessarily have CROMERR-compliant signatures. EPA should consider several industry- and technical-related factors, including situations in which there is a lack of internet access, or in which dock personnel share cell phones or email addresses and it is not known who may be present to sign a manifest. This strategy would need to accommodate situations in which multiple transporters will be used, or the generator and transporter/driver are not determined until the day before or day of the shipment. Alternatively, the board recommended the agency consider a rulemaking that would require all generators and transporters who are users of the hazardous waste manifest to register.
Allow the use of e-signature devices (i.e., digitized signature pads such as generally-available smart phones and tablets). The board recommended EPA focus on establishing required data standards and criteria for such devices and software and then allow users to purchase and use devices meeting these agency-established criteria from any vendor. The board recommended against requiring CROMERR signature standards for e-manifest user interaction with these devices.
The receiving TSD facility signs using a CROMERR-compliant e-signature to submit the final copy of the e-manifest to EPA’s e-manifest system.

Pursuing additional e-manifest burden reduction initiatives:

Standardize the verification of manifest shipments received to eliminate the need for the TSD facility to mail paper copies back to generators.
Integrate and automate the generation of biennial reports using data from e-manifest.
Provide clarity on CROMERR applicability to the e-signature process.
Allow a paper manifest signed by the generator and transporter(s), which is then received at the TSD facility and signed electronically in a manner that satisfies CROMERR, to qualify as an “electronic manifest.”

Source: Final e-Manifest Advisory Board April 2020 Meeting Report, available at https://www.regulations.gov/document?D=EPA-HQ-OLEM-2020-0075-0021.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.