We are thrilled and proud to be able to present to you our 2023 Sustainability Report. This report summarizes the many activities that WTS successfully completed to maintain our commitment of contributing to the betterment of all of our Stakeholders. A hardy thank you to the WTSers that participated in the completion of the report and to all of the WTS staff for a job well done.
In this issue of the WTS Regulatory Update series, we are pleased to present information around USEPA’s Electronic Manifest program, highlighting the third RCRA e-Manifest final rule which will become effective January 22, 2025 (note that some portions of the rule will actually become effective on December 1, 2025 as noted below). Here is what our WTS Stakeholders need to know:
- All Large and Small Quantity Generators need to be have accounts in the RCRAInfo Portal (RCRAinfo.EPA.Gov) to access completes manifests. TSDF’s are required to upload executed manifests into the portal.
- TSDFs will no longer be required to also transmit executed copies via mail or email to the generator. WTS has canvassed all of our TSDF partners on their plans for manifest distribution and there is no clear consensus across the industry as to how this will be managed. Some of the TSDF’s have indicated that they will maintain current the practices of mail/e-mail executed copies while others have indicated that they will only be utilizing the RCRAInfo portal. At some point we do suspect that the majority of the TSDF’s will rely on the RCRAInfo portal so we are strongly advising all of our LQG and SQG partners to ensure that they are properly registered in the portal prior to January of 2025 and to get in the habit of securing their executed manifest copy there. SQGs and LQGs must have at least one user with e-Manifest access. How to register video:Â https://rcrainfo.epa.gov/rcrainfo-help/videos/CreateRIAAccount/Create%20RIA%20Account.html
- Generators are still required to maintain executed manifest copies for 3 years post shipment and their RCRAInfo portal is an acceptable manner to maintain the copies. From USEPA: “For electronic manifests, all manifest record retention and inspection requirements are satisfied electronically by users being able to access their copies of record through their accounts in e-Manifest.”
- The 5 page manifest form (paper) currently being utilized is being replaced with a 4 page manifest (Designated Facility Copy has been removed and updated Import/Export information has been added) and the agency is requiring use of the new form on the January 22, 2025 date, however: As of this writing the new 4 page form is not currently available from any of the authorized printers! Therefore, UEPA is allowing use of the current 5 page form for DOMESTIC SHIPMENTS ONLY from January 22, 2025 until December 1, 2025. WTS will continue to monitor availability of the new 4 page form and will transition to it as soon as feasible. As part of this rule – Export shipments will now fall under the e-Manifest program and will be discussed in more detail below.
- Users are now required to make post-receipt manifest data corrections electronically. These new provisions require generators, transporters, and receiving facilities to make data correction submissions within 30 days from receipt of a corrections request from EPA or a State. These data correction submissions must be made electronically in the system via the post-receipt data corrections process by following the corrections process described in 40 CFR 264.71(l). This requirement applies to corrections made to either paper or electronic manifest records. This final rule also clarifies that receiving facilities must make mandatory/voluntary post-receipt manifest corrections via the e-Manifest system after they sign the manifest, and any manifest continuation sheet, for purposes of submitting the final manifest to the EPA e-Manifest system. In addition, the final rule requires LQGs and SQGs to address data correction requests by the EPA or States within 30 days of the date of the request.
- Effective December 1, 2025 there is now a requirement that manifest-related reports such as Exception, Discrepancy and Unmanifested Waste must be submitted through the e-Manifest system.
- Both Federal and State Regulated shipments of PCB’s are now required to comply with e-Manifest requirements.
- Export Shipments: Beginning on December 1, 2025, domestic exporters must submit export manifests to e-Manifest and pay the requisite user fees. Also beginning on December 1, 2025, the last transporter (who transports the hazardous waste export shipment out of the U.S. via road or rail border crossing or delivers the export shipment to a seaport for loading onto an international carrier) must send a signed copy of the manifest and continuation sheet to the exporter, instead of the generator. Additionally, on the new 4 page manifest form the International Shipment Field has also been moved from the manifest to a new continuation sheet (new Item 33). The International Shipment Field has also been expanded by designating space within the field (new Item 33b) for exporters and importers to record the consent numbers that correspond to the hazardous waste streams recorded in Item 9 of the manifest. USEPA will not accept Page 1 copies of the obsolete 5-copy continuation sheet for hazardous waste export and import shipments after January 22, 2025. As explained above, in order to comply with the new regulations effective January 22, 2025, exporters and importers must record the consent numbers for their wastes in the new International Shipment Field of the continuation sheet and if necessary, the exporter must enter its EPA ID number in this field as well. Therefore, exporters and importers must use the new 4-copy continuation sheet starting on January 22, 2025. It is expected that the new updated forms will be commercially available from authorized printers prior to January 22, 2025. However if they are not available or if the user wishes to continue to use the obsolete 5-copy manifest (not recommended) they should undertake measures to minimize confusion. For example, one approach (although not a requirement) could include crossing out the Item 16 (the International Shipment Field) of the 5-copy manifest. Though all of this seems a bit confusing, think of it this way – there is a delayed compliance requirement until Dec 1, 2025 for exporters to actually submit manifest and continuation sheet copies to the e-Manifest portal but exporters do need to utilize and comply with the new 4 page manifest form and continuation sheet on January 22, 2025 while maintaining current manifest submission practices.
