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Ms. Penny J. Wilson undertook a presentation at the Arkansas Environmental Federation Convention titled:
The e-Manifest System (“Presentation”)
Ms. Wilson serves as Compliance Branch Manager in the Arkansas Department of Environmental Quality (“ADEQ”) Office of Land Resources.
The Presentation addressed the EPA’s establishment of a national system for tracking hazardous waste shipments electronically. The system is known as “e-Manifest” and the goal is to modernize the United States cradle-to-grave hazardous waste tracking process. This cradle-to-grave system has always been a key component of the Resource Conservation and Recovery Act (“RCRA”). A generator, after determining what a “hazardous waste” is, has been required to prepare a paper manifest to accompany the movement of the material from the point of generation – through transportation – and then to the receiving facility/treatment storage disposal facility (“TSDF”).
The components of the Presentation included:
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Overview
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Process (assigning Site Managers)
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Fee/Payments
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Generators
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Transporters
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Receiving Facilities/TSDFs
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Helpful Links
Ms. Wilson noted that this new system was established by the Hazardous Waste Electronic Manifest Establishment Act which was enacted on October 5, 2012. The e-Manifest system was launched around the country on June 30, 2018.
The Presentation noted:
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Overview – Receiving facilities/TSDF:
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Must submit to EPA all hazardous waste manifests in paper form or electronically
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Existing 6-copy manifest will be replaced with a 5-copy form on June 30, 2018
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An associated fee for each manifest is charged to the receiving facilities/TSDFs only
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Process – Affects any regulated waste shipped on a manifest, which includes:
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RCRA federal hazardous waste
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Regulated PCB waste
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State-regulated hazardous waste
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Very small quantity generator waste (CESQG) (in Arkansas)
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Imported hazardous waste
The Presentation also noted that receiving facilities/TSDFs are required to register for e-Manifest to submit manifests electronically and correct mistakes and assign Site Managers to manage data and pay invoices.
The fees applicable in the system were described, along with the responsibility of the receiving facility/TSDF. It was noted that fees are based on manifest activity during the previous month.
The payment procedures were described, which included:
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Site Managers will pay invoices in e-Manifest by clicking on the “Pay Bill” button.
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Forms of payment acceptable were described (check or any other forms of payment sent directly to the EPA are stated to not be accepted)
The payment description included a discussion of late fees/sanctions (which include monthly handling charge and penalty for each month the bill remains unpaid).
Paper manifest are sent to an EPA address listed as:
EPA e-Manifest PPC
14295 Park Meadow Drive 5th Floor
Chantilly, VA 20151
As to generators, Ms. Wilson noted:
Generators without e-Manifest account are required to obtain copies of completed manifests as required in Arkansas Pollution Control and Ecology Commission Regulation No. 23 Section 262.
The Presentation noted that:
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Generators work with receiving facility/TSDF to select manifest creation option (i.e., paper, hybrid, or electronic)
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Generator Site ID form must be up-to-date
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EPA prefers at least two Site Managers be registered for RCRA Info’s Industry application
Generators are still allowed to use transporters, brokers, or receiving facilities to prepare manifests for them. However, if a generator’s shipment is rejected by the receiving facility, the Presentation noted that the receiving facility is still required to pay the user fee.
Transporters are stated to have the option of preparing electronic manifests for their generator clients. However, they still need to carry one printed copy of the manifest in the transport vehicle. This is stated to be a United States Department of Transportation requirement. Further, they are required to work with customers to determine which option is suitable, electronic or paper. They can create e-Manifests by:
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EPA’s web service; or
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API (Application Programming Interface)
To use the e-Manifest system transporters must:
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Have an EPA ID number
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Register with e-Manifest
EPA encourages transporters to register at least two Site Managers.
Brokers are allowed to prepare manifests in e-Manifest for generator clients. They must first obtain an EPA ID number and cannot sign manifests “on behalf of” the generator unless operating at the generator site and acts as an offeror of the waste shipment.
Receiving Facilities and TSDFs:
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Must have an EPA ID number
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Must register for e-Manifest
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Can use existing 6-copy stockpile of manifest forms but must send top copy to EPA
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Paper manifests must be submitted within 30 days of receipt
Such facilities submit manifests to EPA through electronic or paper submissions. However, the option of mailing paper manifests to the EPA system expires on June 30, 2021.
Ms. Wilson stated that EPA granted initial flexibility to receiving facilities/TSDFs by giving extra time to submit paper manifests during the initial months.
A list of helpful links were provided which include:
A copy of the slides from the Presentation can be found here.
