1. The New Federal Hazardous Waste Electronic Manifest
California CUPA Conference – February 5, 2018
Cheryl Nelson (USEPA), Fred Jenkins (USEPA) and Valetti Lang (DTSC)
Fred

2. Presentation Outline Background Benefits of e-Manifest
How e-Manifest Works
Implementation and Communication
e-Manifest Outreach
e-Manifest in California
Getting Started
Q&A
Fred; Stress to hold questions until end.

3. e-Manifest Background
Fred

4. Hazardous Waste Manifests: e-Manifest
e-Manifest is a new national electronic manifest system that will facilitate electronic creation and transmission of hazardous waste manifests by industry.
A new industry application (Application Programming Interface (API)) will allow hazardous waste handlers to create and manage hazardous waste manifests directly in EPA’s National database (RCRAInfo) from their systems.
Site Managers will be responsible for approving user registrations for users at their facility/company.
The e-Manifest system was established by a new statute and regulations:
Hazardous Waste Electronic Manifest Establishment Act of 2012
e-Manifest One-year Rule: February 2014
e-Manifest User Fee Rule: January 2018
Fred

5. Hazardous Waste Electronic Manifest Establishment Act
October 5, 2012: President Obama signed into law the Act authorizing EPA to implement a national electronic manifest system.
Key Features of the Act:
Extends to all federally and state-regulated wastes requiring manifests.
The use of electronic manifests is optional for users, and authorizes central collection of data from electronic and paper manifests.
EPA is authorized to collect reasonable user fees for all system related costs including development and maintenance.
EPA must conduct annual Inspector General (IG) audits and submit biennial reports to Congress.
EPA must establish a uniform effective date in all states for e-Manifest, and must implement e-Manifest until States are authorized.
Fred

6. e-Manifest One-Year Rule
Act required EPA to issue implementing regulations within one year.
Agency issued its "One-Year Rule" on February 7, 2014.
Key elements of the One-Year Rule:
Legal framework for use of electronic manifests: Use electronic manifests per conditions of rule, and they shall be the legal equivalent of the standard paper forms.
Codified Act's terms on scope and consistent implementation in states.
Finalized EPA decision to establish a national system to be hosted by EPA.
Fred

7. e-Manifest User Fee Rule
Agency issued its final User Fee Rule on January 3, 2018
Key elements of the User Fee Rule:
Requires receiving facilities to submit manifests to EPA
Establishes the fees that will be charged for each manifest submission and how/when the fee formula will be adjusted
Establishes how fees will be paid (using pay.gov)
Establishes sanctions for non-payment of fees
Incentivizes electronic submission of manifests vs paper (i.e., lower fees for electronic submittal)
Establishes uniform national effective date (June 30, 2018) and discusses effects on State Programs.
Fred

8. Where are we now?
NOW: Release 2 of the electronic industry application is operational and available for user testing.
For general Information on how to test the e-Manifest system, see EPA’s website at:
Testers may test with either their handler ID or one of the test sites listed at: (or both)
NOW: User Fee Rule is final.
June 30, 2018: EPA expects to complete testing and officially launch the e-Manifest system.
On this date, receiving facilities will begin submitting manifests, whether electronic or paper, to EPA and will incur user fees.
Consistent with the e-Manifest Act, e-Manifest requirements will become immediately effective in all states on the system launch date.
Fred

9. Benefits of e-Manifest

10. Benefits of e-Manifest
Over the first six years of system operation, cost savings are expected to equal an annualized $65 million per year. Once electronic manifests have been widely adopted, annual cost savings are expected to exceed $90 million.
Reduces burden for states that currently collect and process manifest data into state tracking systems.
Establishes national data base of shipment/receipt data.
Enhances ability to track and extract data on waste shipments by storing and distributing these data in a central, accessible location.

11. Benefits of e-Manifest (Cont’d)
Delivers faster knowledge of the status of waste shipments than under the current paper based system.
Increases legibility of electronic manifest records compared to current paper manifests.

12. How e-Manifest Works
Cheryl

13. Cheryl

14. How Does it Work?
Receiving Facilities will be required to submit final signed hazardous waste manifests to EPA and pay a fee.
Facilities can choose to submit paper or electronic manifests.
Three types of paper manifests:
Mail in paper submissions
Upload scanned images into e-Manifest
Input data directly in e-Manifest
Fully electronic manifest
Fees for paper will be higher than for electronic submittals (to incentivize electronic submissions and recover higher marginal costs).
Electronic system will allow for corrections/amendments.
Once uploaded, all data will be accessible to regulators immediately.
Public will have access to data 90 days after upload.

15. Estimated Year One Marginal Cost Manifest Fees
Estimated User Fees
Estimated Year One Marginal Cost Manifest Fees
by Manifest Type (2017$)
Manifest Submission Type
Year One Fee (Estimated)
Paper Manifest Types
Mailed Paper
$20.00
Image Uploads
$13.00
Data File Uploads
$7.00 
Electronic Manifests
(includes hybrid)
Electronic
$4.00 

16. e-Manifest Initial Focus
NOW:
Required: Receiving Facilities (e.g., all facilities that receive Federal OR State-only hazardous waste on a manifest or receive imports) must submit a paper or electronic manifest to EPA and pay an associated fee.
Optional: Any other hazardous waste handler (e.g., generators, transporters, brokers, transfer facilities) can create an electronic manifest in the e-manifest application.
FUTURE:
Facilities that export hazardous waste will need to submit manifests to EPA and pay an associated fee.

17. Implementation and Communication
Fred

18. Top 5 Things You Need to Know About e-Manifest
e-Manifest will launch nationwide on June 30, 2018.
e-Manifest will be available for testing, prior to launch, through Spring
All receiving facilities that receive waste that must be manifested under federal law or receive state-only hazardous waste that must be manifested as required by either the state in which the waste was generated or received, must submit those manifests to EPA either in paper or electronically. EPA will charge receiving facilities an associated fee for each manifest submission.
Handlers will be required to register for e-Manifest to submit manifests electronically and to make corrections.
Once the system launches, e-Manifest data will be available to the public 90 days post-receipt of the manifest. 
Fred

19. States’ Role in e-Manifest
States play a critical role in ensuring the success of e- Manifest.
EPA sees states as a key partner in communicating and coordinating outreach to their regulated community to ensure a smooth transition to e-Manifest.
EPA places a high priority on tapping the states’ expertise, to ensure seamless data flows from e-Manifest to state databases and in developing reporting functions to maximize the benefits and use of this first ever national repository of manifest data.
EPA needs help from its regional and state partners with successfully implementing e-Manifest.
Cheryl

20. e-Manifest Implementation
EPA is collaborating nationally to implement e-manifest:
Identifying key stakeholders and sharing information through webinars, websites, presentations, and fact sheets.
Assisting states with adoption and authorization of e-Manifest regulations (One Year Rule + User Fee rule).
Ensuring that states are preparing to input/receive manifest data to/from the national e-manifest system.
Ensuring that all receiving facilities are aware of the new requirements and preparing to comply.
Ensuring that industry users are registering and testing the e-Manifest system.
Fred

21. e-Manifest Outreach

22. e-Manifest Outreach
NOW: EPA is conducting outreach through a number of mechanisms to disseminate information about e-Manifest and coordinate with other stakeholders:
Advisory Board meetings
Monthly webinars
Constant user testing
e-Manifest Website, including FAQs
Industry and state stakeholder meetings
Regional roadshows
Monthly Public Listserv announcements
Fact sheets (coming soon!)
FUTURE: Help Desk
Fred

23. e-Manifest Outreach Submit input/questions to eManifest@epa.gov
To subscribe to the ListServ send a blank message to:
For more information on EPA’s e-Manifest Program: manifest

24. How Will e-Manifest Work in CA?
Valetti

25. How will e-Manifest work in California?
Same as nationally except:
DTSC will still collect manifests from generators and transporters.
DTSC will no longer collect manifests from receiving facilities; however, DTSC will continue to use their own State HWTS database and will download receiving facility manifests from e-Manifest to HWTS.
E-Manifest will apply to Federal and State-only waste.
DTSC is analyzing expansion of HWTS to support electronic manifesting.
To access the State HWTS, go to this link
Valetti

26. Cheryl

27. Getting Started

28. RCRAInfo and e-Manifest
RCRAInfo is EPA’s national database system used to track information provided by the regulated community concerning the generation, shipment, treatment and disposal of hazardous wastes.
e-Manifest was originally envisioned to be a separate system, however, as planning for the system evolved, EPA decided to bring e-Manifest under the RCRAInfo umbrella in order to leverage the RCRA data and foundational components needed to build e-Manifest.
Cheryl

29. RCRAInfo Industry Applications
There will be three modules in the industry application of RCRAInfo:
myRCRAid – allows facilities to electronically complete and submit EPA Form to obtain/change an EPA ID Number.
DTSC opted into this application is now accepting user accounts.
Biennial Report – will allow facilities to electronically complete and submit EPA Form A/B, the Hazardous Waste Report (Biennial Report).
DTSC has NOT opted into this application and is instead using its own electronic BR reporting module.
e-Manifest –will allow facilities to electronically complete EPA Form /22A and submit their manifest data.
Any industry users already approved at the Site Manager permission level in either myRCRAid or BR is automatically registered for e-manifest.
When it launches in June 2018, e-Manifest will be mandatory for all states.
Cheryl and Valetti

30. e-Manifest: How can Industry Register?
Users already registered for either myRCRAid or BR are automatically registered for e-Manifest.
Here is the link for information on how to register in California:
There are several different types of user registration permissions.
Cheryl

31. Industry Application User Permissions
Currently, RCRAInfo Industry Application allows for the following user permissions:
Level of Permission
Definition
None
The user has no permissions for these sites within the module specified.
Viewer
The user can view the data for these sites within the module specified but cannot change the information in any manner.
Preparer
The user can enter data for these sites within the module specified but cannot sign and submit the information to the regulatory authority.
Certifier
The user can sign and submit the information for these sites to the regulatory authority. This user is required to obtain an Electronic Signature Agreement.
Cheryl

32. Industry Application User Permissions
RCRAInfo – Site Manager
The new Site Manager permission was added to the RCRAInfo Industry Application when the electronic Biennial Report launched in Fall 2017.
Site Managers will be responsible for approving user registrations for users at their facility/company.
Site Managers will be responsible for approving user registrations for users at their facility/company.
When e-Manifest launches, any existing Site Manager will have full permissions to use the module without undergoing a new registration process.

33. How to Stay Informed
Visit EPA Website (actively updated):
Submit input/questions to:
Subscribe to the Listserv, send a blank message to:
Attend free EPA Webinars; see EPA’s webpage for upcoming webinars
Contact Regional POC
To participate in our user testing please visit:
hazardous-waste-electronic-manifest-system-system-e-manifest
Cheryl

34. Questions? Cheryl Nelson U.S. Environmental Protection Agency
Region 9 75 Hawthorne Street San Francisco, CA
Fred Jenkins Jr., Ph.D. U.S. Environmental Protection Agency
Headquarters
Valetti Lang State of California Department of Toxic Substances Control 1001 I Street Sacramento, CA
We’ll bring people up and have a panel to answer questions. Fred will check in with team to see who will be available. Casey and Liz will be available for registration. Casey will also be available at booth to continue with registration.