The activation of the e-Manifest System by USEPA on June 30, 2018 caught some hazardous waste handlers by surprise.  Since the system’s launch USEPA has worked diligently to fix its few small bugs, provide regulatory relief where it must, and answer questions from the hazardous waste handlers (e.g. generators, transporters, receiving facilities or designated facility, state regulatory agencies, & brokers) who are trying to use it.  Here is one of those questions.

Some background:

The e-Manifest System was created by the U.S. Environmental Protection Agency (USEPA) to allow for an entirely paperless method to track the progress of a regulated waste shipment from “cradle-to-grave” (read: Use of the e-Manifest and: History of the e-Manifest).  At its core is the creation and supported use of an electronic version of the uniform hazardous waste manifest, the e-Manifest System.  The system may be used for the transport in commerce of any waste that is required to use the uniform hazardous waste manifest under Federal or state regulations.  This includes:

• Hazardous waste generated by a large quantity generator or small quantity generator.
• PCB waste subject to regulation under the Toxic Substances Control Act (TSCA).
• Waste subject to state regulation, e.g., Non-RCRA Hazardous Waste in California and Class 1 Non-Hazardous Industrial Solid Waste in Texas.

So, the answer to that question:

Yes.  USEPA regulations allow regulated waste handlers to continue using paper manifests after the system launch on June 30, 2018.  However, this continued use comes with some modifications to current practice and a cost($)!

Modifications???

The regulations of the e-Manifest System mandated changes to the paper manifest form after June 30, 2018.

• Replacement of the 6-part (or page) manifest with a 5-part form.  The two parts previously detailed to the state (parts 1 & 2) have been replaced with one (part 1) to be submitted to the e-Manifest System.  The copy notation at the bottom of part 1 will state this as a directive.
• A notice at the bottom of part 3 advising destination facilities to review their responsibilities (printed on the back) under the e-Manifest System if they receive a paper manifest.
• New instructions on the back corresponding to each type of waste handler (generator, transporter, designated facility) and their responsibilities under the e-Manifest System.

If the new 5-part manifest form is used, no problem.  Just follow the instructions.  But, if waste handlers continue to use the 6-part manifest after June 30, 2018 (to deplete existing stocks) the directive text at the bottom of part 1 must be covered with a sticker that reads: “designated facility to EPA’s e-Manifest system” and part 2 discarded.

Cost???

While it does not currently mandate the use of the e-Manifest System USEPA has its ways to encourage waste handlers to transition from paper to electronic:  money.  Persons who continue to use the paper manifest after June 30, 2018 will pay higher fees for each manifest.  This fee is paid by the designated facility who must submit the manifest to the system but I’m sure they will pass those costs on to the generator.

User fees as of November 9, 2018:

• Mailed in paper manifest: $15.00
• Scanned image upload: $10.00
• Data+ image upload: $6.50
• Electronic manifest (fully electronic and hybrid): $5.00

The future:

Beginning on June 30, 2021, USEPA will no longer allow the designated facility to mail paper manifest for processing into the e-Manifest System.  This does not prevent the continued use of paper manifests but it will require the designated facility to be able to scan and upload the paper manifest in order for the shipment to be tracked in the e-Manifest System.

According to USEPA, “In several years…” it will evaluate e-manifest user trends and consult with the e-Manifest system Advisory Board to determine if additional restrictions should be adopted on the use of paper manifests.  Again, from USEPA:

However, this will not have any impact on users for at least the initial five years of program implementation.

So that means you have until, at least, 2023 before you may have to abandon the paper manifest entirely.

Confused? Contact me with questions.

Also, help is available from USEPA:  Questions About the e-Manifest System

And remember, if the e-Manifest System concerns you and the operations of your facility, you are likely subject to regulation that requires training for your hazardous waste personnel.  I can help with that as well!

Yes. EPA recently decided to grant extra time for receiving facilities to submit paper manifests during the initial months after system launch (scheduled for June 30, 2018). Under EPA’s regulations, receiving facilities must submit paper manifests to EPA within 30 days of receipt. However, EPA will allow receiving facilities to submit paper manifests they receive between June 30, 2018, and September 1, 2018, by September 30, 2018. This effectively provides receiving facilities up to 60 additional days, over the existing 30 days provided in the regulations, to submit paper manifests to EPA.

This does not change the requirement for receiving facilities to send manifests initiated on and after June 30, 2018, to EPA and for EPA to then charge a user fee for each manifest it receives. Rather, it simply extends the deadline for when paper manifests would be due to EPA. There are three ways for receiving facilities to submit a paper manifest: (1) through the U.S. mail; (2) upload of a scanned image of the manifest; and (3) sending a data file plus a scanned image of the manifest. Once the paper manifest is received by EPA, EPA will charge a user fee for each manifest based on how the manifest was submitted and the corresponding costs to EPA to process the data. EPA charges the highest user fee for paper manifests mailed to the Agency, a lower fee for uploads of scanned images, and a lower fee still for manifests submitted as data files plus scanned images.

(Receiving facilities, of course, can use electronic manifests/hybrid manifests, but as these manifests are signed electronically in EPA’s e-Manifest system and are submitted to the Agency instantaneously, the extra time to submit paper manifests is not applicable for these manifests. EPA charges the lowest user fee for electronic manifests.)

EPA believes that this additional time will allow receiving facilities to complete any steps necessary to modify their software systems and integrate them with e-Manifest so that they are in a better position to take advantage of the lower user fees for paper manifests submitted as “data plus image” uploads. Thus, this flexibility reduces costs to industry as well as reduces processing burden for EPA and sets up an important framework for entities to expedite their transition to fully electronic manifesting.

EPA encourages receiving facilities to submit paper manifests as soon as possible, rather than waiting until September 30, 2018. This will help both the receiving facility and EPA best manage, process, and bill for any manifests accumulated during this period.

Beginning on September 1, 2018, receiving facilities must submit all paper manifests to EPA within 30 days of receipt by the receiving facility, as required by the regulations.

The “hybrid” or mixed paper / electronic manifest is a specific manifest approach that EPA adopted to assist generators who are not able to fully participate in electronic manifesting at the time of system launch (June 30, 2018). The hybrid manifest allows transporters to initiate an electronic manifest in e-Manifest and use this manifest with their non-participating generator customers. The initial transporter may print a copy of the electronic manifest for the generator, and the generator may sign the paper copy, obtain the initial transporter’s ink signature on this paper copy, and then retain this paper copy on-site as the generator’s initial manifest copy as is done under traditional manifest requirements. Thereafter, the initial transporter and subsequent waste handlers will complete the remainder of the tracking of the shipment electronically in e-Manifest with electronic signatures and electronic transmissions to the system. Hybrid manifests are charged the same fee as a fully electronic manifest.

USEPA will impose a per manifest fee for each manifest submitted to the e-Manifest System based on the type (paper or electronic) and mode of submission (mail, data upload, image file upload).  The final fee schedule for the system launch on June 30, 2018 has not been determined as of April 2018. USEPA will publish the final fee schedule to the program’s website prior to the system launch.

USEPA did publish estimates of the initial fees in the preamble of the January 3, 2018 User Fee Rule.  As of the issuance of the Fee Rule, the best estimates for the initial per manifest fees were:

• $4.00 for an electronic manifest (including hybrid).
• $7.00 for a data file upload of paper manifest data.
• $13.00 for the upload of paper manifest image.
• $20.00 for submission of a paper manifest form by mail.

The launch of the e-Manifest System is coming!  June 30, 2018.  Be prepared.  There will be a lot of changes to how a hazardous waste is shipped off-site for disposal or recycling.

If you’re like me you probably thought the launch day for the e-Manifest System would never come.  Well, it looks like both of us were wrong!  After missing several of its self-imposed deadlines (see:  History of the e-Manifest System) the U.S. Environmental Protection Agency recently announced (January 3, 2018) the date the e-Manifest System will go into affect nation-wide; that date is June 30, 2018.

The hang-up preventing implementation of the system all these years was deciding on a fee structure to pay for it.  That has now been resolved.

Many within the regulated community still have questions about the system and how it will work, such as:

• Will I be allowed to continue using a paper uniform hazardous waste manifest after June 30th?
• Is it possible for the uniform hazardous waste manifest to be completely replaced by an electronic form?
• What are the fees and who must pay them?
• Will information on my uniform hazardous waste manifest be made publicly available?
• Will I have to wait for my state to implement this new rule?
• and more…

To answer these questions USEPA created a website:  The Hazardous Waste Electronic Manifest (E-Manifest) System.  Here you can:

• Learn more about the e-Manifest system.
• Subscribe to the e-Manifest ListServ to receive updates (I recommend this!)
• Take the e-Manifest for a test drive.
• And a lot more.

Also, I suggest you attend the general e-Manifest webinar scheduled for March 28, 2018 at 2:00 pm (ET).  “This webinar session will provide the latest e-Manifest updates in preparation for the June 30, 2018 launch of e-Manifest.  The theme for this e-Manifest webinar is ’90 Days to Launch’.”

You may access the live, general webinar session at 2:00 p.m. on March 28 by clicking here.

In a separate article I document the requirements of the e-Manifest System for a hazardous waste generator.

Here I simply wanted to create a timeline for the important dates in the history of the e-Manifests implementation.