EPA Sends Hazwaste Electronic Manifest Final Rule to OMB

On Saturday, the Environmental Protection Agency sent the final rule for the implementation of the Hazardous Waste Electronic Manifest rule to the OMB’s Office of Information and Regulatory Affairs (OIRA) for approval. This bill implements the fee setting and implementation date requirements of the Hazardous Waste Electronic Manifest Establishment Act (PL 112-195).

Commentary

With the Trump Administration’s concern about the ‘cost of regulation’ and how it effects business, it will be interesting to see how this final rule is being implemented. The congressional requirements for establishing the fund {42 USC 6939g(c)} are fairly comprehensive, leaving little room for fee reductions. There were no small business exceptions provided for in the authorizing legislation.

Since the authorizing legislation was written in 2012, there are no specific provisions requiring any cybersecurity protections of the E-Manifest system. Cybersecurity just was not on the Congressional radar at that point. It will be interesting to see if there are any attempts by the EPA to address such issues in this regulation.