California CUPA Conference February 5 2018 Cheryl Nelson USEPA Fred Jenkins USEPA and Valetti Lang DTSC Presentation Outline Background Benefits of eManifest How eManifest Works ID: 711998
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Slide1
The New Federal Hazardous Waste Electronic Manifest
California CUPA Conference – February 5, 2018
Cheryl Nelson (USEPA), Fred Jenkins (USEPA) and Valetti Lang (DTSC)Slide2
Presentation Outline
Background
Benefits of e-Manifest
How e-Manifest Works
Implementation and Communication
e-Manifest Outreach
e-Manifest in California
Getting Started
Q&ASlide3
e-Manifest BackgroundSlide4
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 appl
ication (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 2012e-Manifest One-year Rule: February 2014e-Manifest User Fee Rule: January 2018Slide5
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.Slide6
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.Slide7
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 EPAEstablishes the fees that will be charged for each manifest submission and how/when the fee formula will be adjustedEstablishes how fees will be paid (using pay.gov)Establishes sanctions for non-payment of feesIncentivizes 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.Slide8
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:
http://bit.ly/2gHdZ0h
Testers may test with either their handler ID or one of the test sites listed at: https://github.com/USEPA/e-manifest (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.Slide9
Benefits of e-ManifestSlide10
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 $90 million
.
Reduces burden for states that currently collect and process manifest data into state tracking systems.
Establishes national data base of shipment/receipt data.
Enhances ability to track and extract data on waste shipments by storing and distributing these data in a central, accessible location. Slide11
Benefits of e-Manifest (Cont’d)
Delivers faster knowledge of the status of waste shipments than under the current paper based system.
Increases legibility of electronic manifest records compared to current paper manifests.Slide12
How e-Manifest WorksSlide13Slide14
How Does it Work?Receiving Facilities will be required to submit final signed hazardous waste manifests to EPA and pay a fee.
Facilities can
choose
to submit paper or electronic manifests.
Three types of paper manifests:
Mail in paper submissions
Upload scanned images into e-ManifestInput data directly in e-ManifestFully electronic manifestFees for paper will be higher than for electronic submittals (to incentivize electronic submissions and recover higher marginal costs).Electronic system will allow for corrections/amendments.Once uploaded, all data will be accessible to regulators immediately.Public will have access to data 90 days after upload.14Slide15
Estimated User Fees
Estimated Year One Marginal Cost Manifest Fees
by Manifest Type (2017$)
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 Slide16
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.Slide17
Implementation and Communication Slide18
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 2018.
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. Slide19
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.Slide20
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.Slide21
e-Manifest OutreachSlide22
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 FAQsIndustry and state stakeholder meetingsRegional roadshowsMonthly Public Listserv announcementsFact sheets (coming soon!)FUTURE: Help DeskSlide23
e-Manifest Outreach
Submit input/questions to
eManifest@epa.gov
To subscribe to the ListServ send a blank message to:
eManifest-subscribe@lists.epa.gov
For more information on EPA’s e-Manifest Program:
www.epa.gov/e-manifestSlide24
How Will e-Manifest Work in CA?Slide25
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
http://www.hwts.dtsc.ca.gov/
.Slide26Slide27
Getting StartedSlide28
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.Slide29
RCRAInfo Industry ApplicationsThere will be three modules in the industry application of RCRAInfo:
myRCRAid
– allows facilities to electronically complete and submit EPA Form 8700-12 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 8700-13A/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 8700-22/22A 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.Slide30
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:
http://www.dtsc.ca.gov/IDManifest/myRCRAid.cfm
There are several different types of user registration permissions.
30Slide31
Industry Application User PermissionsCurrently, RCRAInfo Industry Application allows for the following user permissions:
31
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.Slide32
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.Slide33
How to Stay Informed
Visit
EPA Website (actively updated):
www.epa.gov/e-Manifest
Submit input/questions to:
eManifest@epa.gov
Subscribe to the Listserv, send a blank message to: eManifest-subscribe@lists.epa.govAttend free EPA Webinars; see EPA’s webpage for upcoming webinarsContact Regional POCTo participate in our user testing please visit: https://www.epa.gov/e-manifest/how-participate-testing-hazardous-waste-electronic-manifest-system-system-e-manifestSlide34
Questions?
Cheryl Nelson
U.S. Environmental Protection Agency
Region 9
75 Hawthorne Street
San Francisco, CA 94105
nelson.cheryl@epa.gov415-972-3291
Fred Jenkins Jr., Ph.D.
U.S. Environmental Protection Agency
Headquarters
jenkins.fred@epa.gov
703-308-7049
Valetti Lang
State of California
Department of Toxic Substances Control
1001 I Street
Sacramento, CA 95812
Valetti.lang@dtsc.ca.gov
916-324-1815