On April 14, 2022, the New York State Department of Environmental Conservation (DEC) updated the enforcement discretion letter that implements certain provisions of the United States Environmental Protection Agency’s (EPA) e-Manifest Rule in New York State and maintains certain state requirements that are more stringent than EPA’s regulations. The e-Manifest System facilitates the tracking and transmission of the EPA uniform hazardous waste manifest form (EPA Form 8700-22). This is an update from the original July 17, 2018 enforcement discretion letter.
Certain provisions are highlighted for hazardous waste generators, receivers, and transporters. Generators must retain one copy of the manifest and mail one copy to the generator state, and one copy to the destination state (if different from the generator state). Receiving facilities are required to submit copies of the manifest to both the generator state and destination state (if different). Transporters are required to contact a generator any time a shipment of hazardous waste cannot be delivered to the designated facility because of an emergency condition. The transporter must obtain further directions from the generator and revise the manifest according to the generator’s instructions.
Hazardous waste generators, transporters, and receiving facilities will not be required to comply with the above provisions provided that they adhere to the DEC set of procedures described below.
Hazardous waste generators must comply with the applicable requirements of 40 CFR 262 Subpart B and do not need to submit a copy of the manifest to DEC if hazardous waste is shipped within or imported to the United States. Hazardous waste identified on the manifest in NY state that is exported out of the United States must still comply with 6 NYCRR 372.2(b)(3) and provide a copy of the manifest to the DEC by mail.
In lieu of submitting copies of the manifest to both the generator state and destination state, receiving facilities must now comply with the applicable requirements of 40 CFR 264.71 or 40 CFR 265.71 and submit hazardous waste manifests to EPA’s e-Manifest System.
Generators and receiving facilities must continue recording the DEC waste codes, listed in 6 NYCRR 371.4(e), for PCB-containing hazardous wastes and continue recording the ultimate disposal code per 6 NYCRR 372.2(b)(2)(ii) on the hazardous waste manifests.
In lieu of complying with the requirements during an emergency condition, hazardous waste generators and transporters may comply conditions of 40 CFR 263.21 (b) to allow the designation of alternate transporters without prior approval from the generator, provided that all applicable requirements of 6 NYCRR Part 364 are also met.
To learn more about the e-manifest system and to determine if your facility is affected by this change, please contact our hazardous waste experts at Walden Environmental Engineering 516-588-6859.