On June 30, 2018 the EPA launched its new electronic manifest (e-manifest) system. The system has been designed to handle tracking of all hazardous waste shipments electronically. The New York State Department of Environmental Conservation (NYSDEC) issued an enforcement discretion letter on July 17 implementing some aspects of the e-manifest program but also electing to maintain certain more stringent aspects of the existing state program, operating under the 6 NYCRR Part 370 series. This discretion will remain in place until NYSDEC promulgates new regulations or the discretion described in the July 17 letter is modified. Some of these deviations from the EPA program include:

  • The NYSDEC will still require waste generators whose manifests originate under hybrid or paper options to 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),
  • New York State will continue to regulate certain PCB-containing wastes, listed in 6 NYCRR 371.4(e), as hazardous wastes, including inclusion in the e-manifest program,
  • The ultimate disposal code must be listed on the manifest,
  • Receiving facilities will no longer have to submit copies of the manifest to the generator state and destination state. E-manifest requires manifest submittal to the EPA, and
  • The 2018 EPA User Fee Rule allows transporters to make in route changes to transporters. The NYSDEC will adopt this rule as long as applicable requirements of 6 NYCRR Part 364 are also met. Click here to read the July 17, 2018 letter from NYSDEC Deputy Commissioner Berkman on the matter.

The NYSDEC will evaluate requirements for paper and hybrid submittals under 6 NYCRR 372.2(b)(3) to determine if e-manifest yields adequate and timely data. If you have any questions about these rule changes or wonder how they may affect your facility, please contact Brian Noel, Managing Consultant of our Albany office at (518) 205-9000, or Chris Whitehead, BD Supervisor Northeast at (609) 375-2665, for more information.