HAZARDOUS WASTE ELECTRONIC MANIFEST (e-MANIFEST) IMPLEMENTATION AND FEES

The Environmental Protection Agency (EPA) will begin implementation and operation of the e-Manifest system on June 30, 2018.  The e-Manifest requirements will be effective in all states on this date affecting to those required to use a hazardous waste manifest–generators; transporters; owners and operators of treatment, storage and disposal facilities (TSDF); and handlers of state-only regulated wastes subject to a RCRA manifest.  e-Manifest is a national system for tracking hazardous waste shipments electronically.  The system improves and updates the paper-intensive hazardous waste tracking process and is intended to save the industry significant time, resources, and money.  The e-Manifest system will support the entire manifest process for registered users.

Users of the e-Manifest system will be able to accomplish key functions.

• Generators and transporters will be able to create, edit, and sign manifests and may obtain copies and status information.  Transporters may access a manifest if they are specified as an intended transporter.
• Receiving facilities will be able to sign manifests upon acceptance, submit manifests to EPA, make corrections, and obtain copies of manifests submitted within the past three years.
• State government users will be able to obtain manifest copies and information associated with their state.
• The general public will be able to access e-Manifest data through the system’s public website.

e-Manifest User Fees
The final rule requires receiving facilities to submit manifest copies and to pay the fees to the EPA.  This includes approximately 400 RCRA receiving facilities (TSDFs) and those facilities receiving state-only hazardous waste (from the generation state or receiving state) requiring a manifest.  The final rule indicates four types of manifests that may be entered into the e-Manifest system with associated costs for each type (per manifest):

The fees are estimated by EPA for the first year of implementation based on EPA’s assessment of system development costs, operation and maintenance costs (including the paper processing center), and indirect costs for each type of manifest.  In general, user fees vary for each manifest type due to processing costs of these options.

EPA has determined that collecting user fees via the e-Manifest system from the receiving facilities is most effective and efficient.  However, EPA does not regulate the receiving facilities about passing along the e-Manifest fees to applicable parties and will defer to their business management.

Paper Manifests
Users may continue to use paper manifests upon implementation of the e-Manifest system on June 30, 2018 (at a higher fee).  However, the 6-copy paper manifest must be replaced by a new 5-copy paper manifest (effective June 30, 2018).  The generator and destination states will not be required to have a copy of the paper manifest (formerly page 1 and 2) and can obtain their copy from e-Manifest.  Page 1 of the new 5-copy paper manifest will be submitted to the e-Manifest system.  The completed paper manifest must be submitted within 30 days of final receipt of waste.

Registration
Users of the e-Manifest system must register and include: receiving facilities that receive state or federal manifested waste (of either generation or destination state), generators and transporters to electronically create or sign manifests in the system, brokers if creating manifests electronically for clients, and state inspectors to view manifest and data.

The following steps briefly summarize the registration process:

1. Obtain EPA ID number (complete Form 8700-12, or apply electronically via myRCRAid system [if available in your state]).
2. Assign a Site Manager (for the Site or EPA ID).
3. Register for e-Manifest in RCRAInfo (https://rcrainfo.epa.gov/rcrainfoprod/action/secured/login).
4. EPA or Site Manager approves registration.

Other Regulatory Revisions
Other revisions to manifest regulations presented in the final rule that should be noted include:

En-route manifest changes:  Generators may revise transporter information (or authorize transporter revisions) on the manifest for non-emergency purposes.

Manifest data corrections: Any party named on the manifest may electronically submit data corrections to existing manifest in the e-Manifest system.

Generator paper copy:  A generator may sign and keep a paper copy of the manifest at the generator site rather than initiate the e-Manifest.  The remaining waste handlers may complete the manifest copies electronically.

Rejected hazardous waste:  The receiving facility that rejects a hazardous waste shipment is responsible for the user fee to EPA.  EPA does not regulate the receiving facility to pass along this charge to the generating facility.

Export manifests:  Requirements for export manifest do not change and will remain as paper manifests.  EPA will announce implementation for electronic submission in the future.

Additional Information
EPA has designated a web address with information about the Hazardous Waste Electronic Manifest (e-Manifest) System including frequent questions, updates on e-Manifest, hazardous waste forms, and registration at www.epa.gov/e-manifest.

The final rule for the User Fees for the e-Manifest System and Amendments to Manifest Regulations can be found at www.govinfo.gov/content/pkg/FR-2018-01-03/pdf/2017-27788.pdf.

Need assistance with your hazardous waste program? Contact EHS Compliance Services to schedule a complimentary 30-minute consultation.

This article was written by Kristie Korst and edited by Kahlilah Guyah.