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.
Luke Pontier and Nicole Magdziak co-authored an article, "A Cautionary Tale of Orphan Signature Pages," published in the Fall 2019 issue of Dimensions, a newsletter of the New Jersey Builders Association.
On January 17, Craig Gianetti and Justin Hannan will be speaking on a panel, "Low Income Housing Tax Credits and Opportunity Zones: Synergies and Conflicts," at the 2020 Economic Leadership Forum, produced by the New Jersey Bankers Association.
On December 11, Craig Gianetti will be speaking at "The Land Use Institute: Mt. Laurel and Other Hot Topics," a program presented by the New Jersey Institute for Continuing Legal Education (NJICLE) in cooperation with the New Jersey State Bar Association (NJSBA) Land Use Section and the New Jersey Chapter of the American Planners Association.
On October 25, Christopher Stracco and Katharine Coffey co-presented a webinar for the New Jersey Institute of Continuing Legal Education (NJICLE), entitled "The Legal Aspects of Electronic Billboards and Signs."
Katharine Coffey and Peter Wolfson are serving as the organizers of Redevelopment Planning Law, a two-day course presented by the New Jersey Redevelopment Authority Redevelopment Training Institute (NJRA-RTI) that will be held on October 23 and 24 at Kean University in Union, NJ.
Craig Gianetti is featured in a Market Forecast special section in the January 2020 issue of Real Estate New Jersey.
Day Pitney LLP announced today that April F. Condon has joined the firm as a partner in the Real Estate and Environmental group in its Stamford office. She joins from Robinson & Cole LLP.
Day Pitney Press Release
Firm Ranked Tier 1 Nationally for Energy Law and Trusts and Estates Law
Day Pitney Press Release
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).