Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System

On behalf of the 600,000 small-business owners represented by the National Federation of Independent Business (NFIB), I am writing to offer comments on the Environmental Protection Agency (EPA) Notice of Data Availability and Request for Comment on the Hazardous Waste Management System; Modification of Hazardous Waste Manifest System, listed in the Federal Register on April 18, 2006 (71 Fed. Reg. 19842). The following comments focus on the need to keep any electronic manifest system voluntary. NFIB recognizes the importance of improving hazardous waste manifest reporting by creating an electronic system. Moving to an electronic-based system can reduce the reporting burden and generate savings for many business owners; however, the savings are only realized if the electronic manifest system is voluntary. Small businesses that are technologically equipped to access and transmit their manifests to a centralized e-manifest system will be afforded greater flexibility which will allow them to reduce some of the burdens associated with manifest reporting. However, small businesses that do not have the technology to comply with such a system should be able to continue to submit paper manifests. NFIB supports a voluntary e-manifest system. If the system is made mandatory, the potential savings will not be realized by those small businesses that are not equipped to handle the e-manifest system; in fact, those businesses will face increased costs in order to comply. According to NFIB survey data, eight percent of small businesses still do not utilize computers in their business operations. While this number is low, it does show that the common perception that all businesses are utilizing computers is wrong. Moreover, utilizing a computer in one area of business operations does not indicate that small-businesses owners are utilizing computer technology in all of their business operations or have the capability to submit their manifests electronically. Seventy-seven percent of small employers are connected to the internet, but only 62 percent use a high-speed connection in their business. Requiring businesses to submit their manifests electronically would unduly burden those who currently do not use a computer or utilize the Internet in their business. A mandatory system will be discriminatory for small businesses. Small businesses that are not technologically savvy will face will increased costs and new administrative burdens with the creation of a mandatory e-manifest system. Technical difficulties could arise and the potential for error could increase with a mandatory system because of a lack of familiarity with the technology. Small businesses currently in compliance with the law could find themselves in a position where there are no longer compliant because they were simply confused by the system. Making the system voluntary will help alleviate all of these problems. Additionally, the savings in terms of time and costs could provide those businesses that are currently not capable of handling electronic submission enough incentive to move in that direction. NFIB appreciates the opportunity to provide comments on EPA?s Notice of Data Availability and Request for Comment on the Hazardous Waste Management System; Modification of Hazardous Waste Manifest System. The creation of a voluntary e-manifest system will provide flexibility for small-business owners; those technologically capable will be able to submit their manifests electronic while those who lack the capacity will still be able to continue to submit paper copies of their manifests. Please do not hesitate to contact us if you have any questions. Sincerely, Dan Danner Executive Vice President Public Policy and Political