The passage of the Electronic Hazardous Waste Manifesting Act on October 5, 2012 authorized the EPA to establish a national eManifest system to track shipments of hazardous waste and gave the EPA the authority to issue regulations that 1) accept eManifests in addition to existing paper manifests and 2) set a user fee to offset the costs of developing and operating the manifest system. electronics. The EPA released its first eManifest Final Rule, released on February 7, 2014, known as the “one-year rule,” which sets out the legal and policy framework for the use of eManifests. On January 3, 2018, the EPA released its second eManifest Final Rule, which sets out user fees and other measures required to implement the system. This rule also required receiving devices on the manifest to receive shipments of waste to deposit the upper copies of the manifest with the EPO and pay fees for such filings. In order to avoid discrepancies and redundant regulations, hazardous waste carrier regulations have incorporated parts of the U.S. DOT regulations for the safe transportation of DOT-classified hazardous materials. Dot references include labelling, marking, display and means of containment requirements, as well as requirements for the above points for spill response. Shippers of hazardous waste must consult and comply with all applicable requirements of U.S. DOT regulations. Carriers that do not have contractual approval of the generator must obtain the approval of the generator before they can make changes to the transportation chain (40 CFR Section 263.21(b)(2)).

While a generator may authorize a transportation company to act on its behalf as an agent to make changes to the carrier designations on the manifest, the generator remains responsible for those changes and for compliance with applicable generator requirements under Part 262 of 40 CFR. In addition, this granted authority does not grant the carrier any additional authority to make modifications to the manifest on behalf of the generator without the prior approval of the generator (e.B. modifications of the receiving device referred to in point 8 of the manifest) (Article 40 CFR, section 263.21, point (b)(4)(4)(4)). Because hazardous waste carriers transport regulated waste on public roads, highways, rails, and waterways, the EPA and the U.S. Department of Transportation (U.S. DOT) have jointly developed regulations for hazardous waste carriers. Hazardous waste carriers are natural or legal persons who transport hazardous waste from one site to another by motorway, rail, sea or air. Hazardous waste transport companies play a key role in the hazardous waste management system by delivering hazardous waste from the point of origin to its final destination. This includes transporting hazardous waste from a generator site to a facility that can recycle, treat, store or dispose of the waste. This may also include the transport of treated hazardous waste to a site for further treatment or disposal. Transportation regulations do not apply to the transportation of hazardous waste on site within the property or boundaries of a facility. Examples of on-site transportation include: A transfer facility is a transportation-related facility, including loading ramps, parking lots, storage areas, and other similar areas where shipments of hazardous waste are stored during normal transportation (Title 40 of the Code of Federal Regulations (40 CFR) Section 260.10).

A transfer facility is not required to operate under an RCRA storage permit if the hazardous waste is stored during normal transportation and the waste is manifested, stored in containers that meet DOT specifications, and stored in the transfer facility for less than ten days (40 CFR 263.12). A carrier cannot store hazardous waste in fixed tanks while taking advantage of the reduced requirements for the transfer facility, as these tanks are not portable (Question on the monthly call centre report; June 1996 RCRA Online #13786). If the waste is stored in a specific location for more than ten days, the transfer facility must obtain an RCRA permit and the carrier must comply with all applicable storage permit standards and requirements (Memo, Lowrance to Duprey; June 7, 1990 RCRA Online #11520). With the exception of certain recycling waste from small producers of quantities (SQG), a carrier does not accept hazardous waste from a producer unless a properly prepared manifest is provided to the carrier. Upon acceptance of the waste, the carrier must sign and date the manifest to confirm receipt and return a copy to the generator before leaving the generator`s property. Subtitle C of the Resource Conservation and Recovery Act (RCRA) defines a hazardous waste carrier as any person involved in the external transportation of hazardous waste in the United States. Off-site transportation of hazardous waste involves the transfer of the facility or property of a hazardous waste producer to another treatment, storage or disposal facility (TSDF). With the exception of water and rail transfers, a copy of the manifest must at all times accompany a copy of the shipment of waste. Once a carrier accepts a waste, it must deposit the entire quantity of waste with the nearest carrier or designated entity. When the waste arrives at its nearest destination, the carrier must have the manifest signed and dated by the consignee. The carrier must keep a copy of the manifest for three years.

The EPA introduced the e-Manifest system on June 30, 2018. The impact of the introduction of the e-Manifest system and the adoption of e-Manifest rules has changed the role of the EPA and the authorized state in collecting and tracking manifests. Although the day-to-day implementation and inspection activities of States remain unchanged, their role in collecting manifests has changed. In particular, copies of manifests may only be collected by the entity receiving e-Manifest and not directly by States. States receive their data on assets received from the e-Manifest system and not from the facilities. For eManifests, the EPA system collects and stores all handling copies of generators, carriers, and receiving devices. Since States may obtain any manipulative copy of an eManifest from the e-manifest system, States may not require generators or other waste processors to deliver a paper or other copy of eManifest directly to States. .