New EPA Electronic Manifest Rules

 
e-Manifest Image

The e-Manifest launch date of June 30, 2018 is quickly approaching.  Many waste generators still have questions about the e-Manifest system and how it will function.  Rest assured that Veolia's e-Manifest team has been working diligently for several months now and is prepared to deliver its customers a solution to comply with this important change that impacts all hazardous waste shipments.  You can access the latest update from Veolia on the e-Manifest project and Veolia's approach to continued compliance for your waste shipments below.  We certainly value your input and are here to answer any questions you may have.  Please contact your Veolia account representative and they will be available to assist.
 
Veolia e-Manifest Tearsheet
PDF - 2.4 MB
Tom Baker

 
Tom Baker
Vice President, Environment and Transportation
Veolia North America  




January 28, 2018

EPA Hazardous Waste Management System; User Fees and Amendments to Manifest Regulations; Final Rule
A.         EPA Hazardous Waste Management System; User Fees for the Electronic Hazardous Waste Manifest System and Amendments to
             Manifest Regulations; Final Rule

 
On January 3, 2018, the Environmental Protection Agency (EPA) published a “User Fee” final rule (83 FR 420-462) establishing the methodology EPA will use to determine and revise the user fees applicable to the electronic and paper manifests that are submitted to the national electronic manifest system (e-Manifest System) that EPA is developing under the Hazardous Waste Electronic Manifest Establishment Act.  This final rule also revises the hazardous waste manifest regulations to allow changes to transporters designated on a manifest while the shipment is enroute.  The revisions address how corrections can be made to existing manifest records in the system, and allows the use of mixed paper and electronic manifest to track a hazardous waste shipment.
           
Background
 
EPA is establishing a national system for tracking hazardous waste shipments electronically, known as “e-Manifest.”  The e-Manifest system is established according to the Hazardous Waste Electronic Manifest Establishment Act, enacted into law on October 5, 2012. The “e-Manifest Act” authorizes the EPA to implement a national electronic manifest system and requires that the costs of developing and operating the new e-Manifest system be recovered from user fees charged to those who use hazardous waste manifests to track off-site shipments of their wastes. By enabling the transition from a paper-intensive process to an electronic system, the EPA estimates e-Manifest will ultimately reduce the burden associated with preparing shipping manifests.
 
EPA issued its first implementing regulation on electronic manifesting on February 7, 2014. This regulation established the legal and policy framework for the use of electronic manifests, and prescribed the conditions under which electronic manifests are the full legal equivalent of paper manifest forms for all RCRA purposes. While this rule codified key scope and consistency provisions included in the e-Manifest Act it did not address e-Manifest user fees; instead deferring regulatory action on user fees to a separate rulemaking.
 
Rule Summary
 
Following is a summary of the final rule:
 
1.         Four (4) Manifest Submission Categories
 
             In this final rule EPA outlined four methods for manifesting hazardous waste and submitting manifest information to the e-Manifest
             system.  In all cases, the manifest data is required to be submitted to EPA’s central e-Manifest database. These four methods are:
 
                        a.         Fully Electronic System (including the Hybrid Method)
 
                                    The e-Manifest is used from the generator’s site through acceptance at the receiving facility.  A copy of the electronically
                                    prepared manifest must be printed at the generator’s location and carried by the transporter to meet DOT requirements.
 
                                    The Hybrid method, or mixed manifest approach, is an option to be used when a generator wishes to initially sign a paper
                                    manifest but still assure the manifest transaction is performed electronically.  This manifest will be created in the
                                    e-Manifest system as an electronic manifest.  It will be assigned a unique manifest tracking number by the e-Manifest
                                    system and all subsequent tracking of the waste shipment and all manifest signatures will be executed electronically
                                    by the transporter(s) and receiving facility through the e-Manifest system.  A paper manifest copy will be created to
                                    accommodate the generator, while all other aspects of the transaction and shipment tracking will be conducted
                                    through the e-Manifest and e-Manifest system.
 
                        b.         Paper Manifests with Electronic Data File Upload
 
                                    A paper manifest is used for the shipment from the generator through the receiving facility.  After receipt of the
                                    shipment, the receiving facility will upload the manifest data along with an image of the paper manifest to the
                                    e-Manifest system for processing.  The electronic transaction is executed as an electronic data file and image file
                                    upload to the system, with a Cross-Media Electronic Reporting Rule (CROMERR) compliant certification completed
                                    by the receiving facility owner or operator.
 
                        c.         Paper Manifests with Electronic Image File Upload
 
                                    A paper manifest is used for the shipment.  After receipt of the shipment, the receiving facility will upload an image of the
                                    paper manifest to the e-Manifest system for processing.
 
                        d.         Paper Manifests Mailed to EPA for Upload
 
                                    A paper manifest is used for the shipment and after receipt by the receiving facility a paper copy of the manifest is mailed
                                    to EPA by the receiving facility for processing into the e-Manifest system.   Note that this option for submittal of paper
                                    manifests expires on June 30, 2021.  At that time one of the other previously described options for submitting manifests
                                    to EPA must be used.
 
2.         Establishment of the Use Fee Calculation Methodology
 
            This rule established a user fee calculation methodology in 40 CFR 264.1312 and 40 CFR 265.1312.  A differential fee formula was
            used to reflect the differences in labor costs of processing the different manifest types.
 
3.         Estimated Initial User Fee Schedule
 
            The estimated initial user fee schedule was published for the four different manifest submission types.
 
Form of Manifest Data Transmittal Method Fee per Manifest
Paper Manifest Mailed Paper $20.00
Paper Manifest Image Upload $13.00
Paper Manifest Data File with Image Upload $7.00
Electronic Manifest (Including Hybrid) Electronic $4.00
 
            EPA will publish a final two-year schedule of user fees on the e-manifest website (www.epa.gov/e-Manifest) at least 90 days prior to
            the implementation date of the e-manifest.  EPA will revise the fee schedules on two-year intervals.  The fee schedules will be
            published to users through the e-Manifest program website by July 1 of each odd numbered calendar year.  The second year of each
            two-year fee schedule the user fees will be adjusted for inflation.
 
            In this final rule EPA has determined that there will not be additional special transaction manifest fees assessed as was originally
            proposed.  EPA will not be assessing additional fees for the submission of manifest continuation sheets, extraneous documents that
            are submitted along with manifests, or calls to the user help desks.
 
4.         Who Pays the E-Manifest User Fees
 
             This final rule establishes that ALL e-Manifest User Fees will be paid by the receiving facilities.  The billable event is the receipt of a
             manifest by the receiving facility. Receiving facilities will be billed monthly for the previous months e-Manifest usage.  The
             e-Manifest user fees must be paid within 30 days of receipt using pay.gov.
 
             The receiving facility will also pay the e-Manifest user fees for wastes rejected back to a generator.  For wastes that are forwarded to
             an alternate receiving facility the alternate receiving facility will pay the e-Manifest user fees.
 
             Furthermore, EPA assumes that the receiving facilities assessed these fees may choose to pass these fees through to the generator
             customers as a part of their service agreement, thus balancing the equities and burdens of the fee system without EPA’s further
             intervention.
 
5.         Expanding E-Manifest to “State-Only” Hazardous Wastes
 
             In this final rule EPA is expanding the scope of the e-Manifest program to ALL wastes subject to manifest tracking under Federal
             Resource Conservation and Recovery Act (RCRA) regulations or under state law.  Some state programs regulate more wastes than
             EPA under the Subtitle C (hazardous waste) regulations.  These wastes are often referred to as state-only regulated wastes.  If a
             waste is required to be transported using a hazardous waste manifest in either the origination state or the destination state, then
             the designated facility, regardless of location, shall complete the facility portion of the manifest, sign and date, and submit the
             manifest to the e-Manifest system.
 
6.         Homeland Security Chemicals of Interest (P and U List Wastes)
 
             The e-Manifest system will withhold from public access, data from manifests related to chemical facilities that handle P and U list
             hazardous wastes that are included in Appendix A of the Chemicals of Interest (COI) list.  For these wastes, the e-Manifest system
             will not disclose the following data on the public access portion of the e-Manifest website:  (a) the chemical waste name, (b) the
             specific P or U listed waste code, (c) the quantity of these wastes included in a shipment, and (d) the date of the shipment.  The
             shipping description in the public access section will read “P-List or U-List waste.”
 
7.         Hazardous Waste Exports
 
            Hazardous waste exports are NOT currently included in the e-Manifest system.  Paper manifests will continue to be used for the
            export of hazardous wastes.  These manifests are not required to be submitted to EPA.  This issue will be addressed in later phases
            of the e-Manifest system.
 
8.         Corrections to Manifests in the E-Manifest System
 
             The final rule allows any interested person (e.g., a waste handler identified on the manifest) to submit a data correction at any
             time, by submitting a single record or batch correction electronically to the system.  The correction includes a required
             CROMERR-compliant certification that to the corrector’s knowledge and belief, the data records as corrected are true, accurate,
             and complete.  The corrector must also notify all parties identified on the manifest that a correction has been made to the manifest.  
             This can be completed by submitting an email to all parties.
 
             The correction submission must: (a) indicate the record being corrected by Manifest Tracking Number, (b) identify the Item Number of
             the manifest affected by the correction, and (c) show the previously entered data and the data as corrected.
 
             There is no time limit for the submission of manifest corrections.  EPA had originally proposed a 90-day time limit following manifest
             acceptance for submission of corrections but after considering public comments decided not to set a time limit.
 
9.         Modifications to Paper Manifest Printing Specifications
 
            The final rule modifies the printing specification requirements in 40 CFR 262.21(f)(5) and (f)(6)(i) to align with the new manifest
            submission requirements.  By June 30, 2018, approved printers must make available to users a printed five-copy form that indicates
            that the top copy of the manifest must be submitted by the receiving facility to EPA’s e-Manifest System.  In addition, manifest users
            must begin using the new 5-copy manifest on June 30, 2018.  The distribution requirements for the 5-copy manifest are:
 
                        Page 1 (top copy): “Designated facility to EPA’s e-Manifest system”
                        Page 2: “Designated facility to generator”
                        Page 3: “Designated facility copy”
                        Page 4: “Transporter copy”
                        Page 5 (bottom copy): “Generator’s initial copy”
 
            In the federal register notice, EPA emphasized that the requirement that receiving facility copies of paper manifests be submitted to
            the e-Manifest system rather than directly to states is promulgated under the authority of the e-Manifest.  EPA states that as such,
            the requirement for facilities to submit manifest copies to e-Manifest in lieu of direct submission of these copies to the states must
            be implemented consistently in all states starting on the system launch date of June 30, 2018.
 
10.        Transporter Changes on the Manifest While En-Route to the Designated Facility
 
              The final rule adopts as proposed the following modifications to 40 CFR 263.21(a) and (b) stating that changes to shipment routing
              on the manifest can be made: (i) to address an emergency; or (ii) to accommodate transportation convenience or safety (e.g., to
              allow more efficient transport from a transfer facility or enable the substitution of a transporter that is the sub-contractor of the
              designated transporter).  The change in transporter designation on the manifest can be made by either a consultation with the
              generator and the generator granting approval of the change, or through a documented contractual provision authorizing the
              transporter to make such a change on behalf of the generator.
 
              Furthermore, 40 CFR 262.31(b)(3)(ii) is modified in the final rule requiring transporters or brokers who intend to oversee and
              control the routing of the shipments on behalf of the generator to enter the following statement in Item 14 of the manifest:
 
               “Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on
               generator’s behalf.”
 
11.        E-Manifest User Fee Payments
 
              E-Manifest user fees must be paid by receiving facilities within 30 days of receipt of an invoice.  E-Manifest user fees must be paid
              on-line using a credit card or electronic fund transfer using www.pay.gov.  
 
              All e-Manifest user accounts that have not paid their user fees within 30 days of receipt of an invoice will be charged a minimal
              annual rate of interest equal to the average investment rate for Treasury tax and loan account, rounded to the nearest whole
              percent.  Also, e-Manifest user fees that are more than 90 days past due will be charged an additional penalty of 6% per year,
              assessed on any part of the debt that is past due more than 90 days, plus any applicable handling charges.
 
Effective Date
 
This final rule will become effective on June 30, 2018.
 
Link
 
The link below will allow you to view/print this final rule.
 
https://www.gpo.gov/fdsys/pkg/FR-2018-01-03/pdf/2017-27788.pdf