Effective June 30, 2018, the U.S. Environmental Protection Agency (EPA) launched e-Manifest, its national electronic system for tracking hazardous waste shipments. In its July 2, 2018, press release, the EPA heralds e-Manifest as a system that "will improve access to higher quality and more timely hazardous waste shipment data and save industry and states valuable time and resources to the tune of $90 million annually."
The EPA created e-Manifest, pursuant to the 2012 Hazardous Waste Electronic Manifest Establishment Act (e-Manifest Act), to serve as a centralized reporting hub and database for hazardous waste manifests and shipment data. One of the goals of this centralized database is increased effectiveness of regulators' compliance monitoring of waste shipments. With e-Manifest, states, tribes and the public can access e-Manifest data 90 days after the date of receipt at the receiving facility of the manifested hazardous waste shipment.
For manifested hazardous waste shipments on and after June 30, 2018, all entities required to use hazardous waste manifests—including hazardous waste generators, hazardous waste transporters, and owners and operators of treatment, storage and disposal facilities (TSDFs), as well as the entities that handle state-only regulated wastes subject to tracking with the hazardous waste manifest—may register with e-Manifest and submit manifests electronically to the EPA. Entities required to use hazardous waste manifests may continue to use paper manifests after June 30, 2018, but the EPA encourages the use of e-Manifest. In response to e-Manifest implementation, some state environmental agencies have issued guidance on whether they will continue to require regulated entities to submit copies of manifests at the state level. For example:
There are several ways to submit manifests to e-Manifest. These include mailing paper manifests; uploading a scanned image of a paper manifest to e-Manifest; uploading a data file of a manifest to e-Manifest; and electronically creating, signing and submitting a manifest entirely within e-Manifest. The EPA charges a fee for every manifest submitted; the amount of the fee is based on the manifest type and mode of submission. Mailing paper forms incurs the highest fees, while submitting scanned images or image files incurs moderate fees.
Additionally, to facilitate industrywide implementation of e-Manifest, the EPA recently announced it will grant receiving facilities (the facilities designated on manifests to receive shipments of waste) additional time to comply with their regulatory obligations when submitting paper manifests. Facilities that receive manifested waste between June 30 and Sept. 1, 2018, have until Sept. 30, 2018, to send their paper manifests to the EPA. The EPA gave receiving facilities this additional time to allow them to complete modifications to their software systems to integrate these systems with e-Manifest.
Should you have any questions regarding the issues discussed above, please feel free to contact any of the attorneys listed in the sidebar.
Day Pitney Advisory
Boston attorneys William Pezzoni, Jared Ross and Justin Hannan gave a presentation on Qualified Opportunity Zones (QOZs) before Chamber of Commerce and City Economic Development members in New Bedford, MA.
On June 6, Von Sanborn will serve as the moderator at an Opportunity Zones program presented by the National Association of Corporate Directors (NACD) Connecticut Chapter and held at the Shore & Country Club in Norwalk, CT.
Day Pitney attorneys Von Sanborn and Justin Hannan will be speaking at "Qualified Opportunity Funds – A Primer for Attorneys," a program presented by the Boston Bar Association (BBA).
William Pezzoni, Jared Ross and Justin Hannan spoke at “Commercial Masterminds,” a Northeast Regional event hosted by the Keller Williams Commercial Real Estate Division on May 2 in Westford, MA.
Craig Gianetti, a partner in Day Pitney's Real Estate & Land Use group, has been elected to serve as Vice Chair of the Land Use Law Section of the New Jersey State Bar Association (NJBSA).
Day Pitney's representation of Cottontail Holdings LLC and Two Franklin Realty is noted in an article, "NJ Office Complex Overvalued By $15M, State Tax Court Says," published by Law360 Tax Authority.
Peter Wolfson was mentioned in an article, "Over-Capacity Crowd for Madison Historic Preservation Commission's Hearing on Proposed Movie Theater Redevelopment," published by Tapinto.net.
Kate Coffey was mentioned in an article, "Planning Board Grants Preliminary Approval for Assisted Living Facility," published by centraljersey.com.
Day Pitney Press Release