DEALER ALERT
TO: Environmental, Health and Safety (EHS) Coordinator
FROM: Sam Celly, BChE MChE, JD CSP
SUBJECT: EPA e-Manifest Registration The Time to go Electronic is NOW
DATE: January 20, 2025
Background: Congress enacted the Resource Conservation and Recovery Act (RCRA) in 1976 that created a cradle-to-grave liability for generators as related to disposal of hazardous wastes. The generator is liable for disposal of hazardous wastes from the time they are generated until they are finally disposed of/recycled. Liability for cleanup of environment damages from illegal disposal flows to the generator. A Hazardous Waste Manifest System ( Manifest ) was created to track the shipment of hazardous wastes from generators to off-site Treatment, Storage or Disposal Facilities (TSDFs).
The manifest consisting of 6 NCR sheets is pesky and time consuming. To make it worse, it is seldom adhered to, creating liability for the generators in case of an audit. For decades, the courier industry has been picking up and delivering billions of packets with a paperless record keeping process. In 2012, Congress enacted the Hazardous Waste Electronic Manifest Establishment Act, making the manifest a paperless process.
Twelve years later, the paperless manifest is a reality. Life should become easier for all generators with e-manifest, especially in California where many wastes are subject to manifest process whereas dealers in other states may not have any wastes subject to manifest process. Manifest is a mechanism for the generator, hauler, and waste processing facility. Generators should task a manager to complete the e-manifest process as listed below.
Who Must Register for e-Manifesting?
Large Quantity Generators (LQGs) More than 1000kg of hazardous waste in a month
Small Quantity Generators (SQGs) Less than 1000kg of hazardous waste in a month
By when? Register by January 22, 2025
Practically, all automotive dealers, whether classified as LQGs or SQGs, must register before January 22, 2025.
How to Register for e-Manifest
1. Register for an industry user account in RCRAInfo.
- Go to the RCRAInfo Sign In page to begin the registration process.
- Use the How to Register for e-Manifesting Video to complete the process.
- Confirm your location has an EPA ID (site ID) number EPA ID numbers can be located on repair orders or at the top of Celly Services, Inc. Compliance Reports.
- Assign a Site Manager for your EPA ID. EPA encourages each EPA ID to register at least two Site Managers before registering for any other permission levels.
- A Site Manager has special permission. In addition to having permission to view, edit, create, and sign manifests and manifest-related reports, Site Managers also administer permissions for other users in their organization.
- Register additional users for e-Manifest permissions in RCRAInfo.
ACTION NEEDED TO REGISTER FOR E-MANIFEST NOW
Scan QR code to register for an account with the EPA s e-Manifest system
Registration is mandatory for all SQGs and LQGs effective Jan. 22, 2025
Paper Manifest. Under the 6-page paper system, the hauler brings the manifest duly completed to the generator. The Generator verifies all information on the manifest. Any inaccuracy on the manifest brings liability to the generator. The federal and California manifests are the same. California has more taxes on hazardous wastes generated including some complicated reporting requirements for large generators. The good news is that only some of the wastes dealers produce need a manifest. See CSI s 2018 newsletter Transformation of the Haz Waste Manifest From the Stone Age to the Modern Age
Hybrid Manifest. A paper/electronic manifest is a specific manifest approach that to assist generators who are not able to fully participate in electronic manifesting. The hybrid manifest allows transporters to initiate an electronic manifest in e-Manifest and use this manifest with their non-participating generator customers. The initial transporter may print a copy of the electronic manifest for the generator, and the generator may sign the paper copy, obtain the initial transporter’s ink signature on this paper copy, and then retain this paper copy on-site as the generator’s initial manifest copy as is done under traditional manifest requirements. Thereafter, the initial transporter and subsequent waste handlers complete the remainder of the tracking of the shipment electronically in e-Manifest with electronic signatures and electronic transmissions to the system. Hybrid manifests are charged the same fee as a fully electronic manifest.
DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com.
