Hazardous Waste Manifest - the new eManifest Rule

Hazardous Waste Manifest System ModificationWhat You Need to Know Ahead of August 6, 2014

Agenda Overview of the e-Manifest rule

Benefits & Impact

Key Dates

Determination of Rollout & Tracking EPA’s Progress

Fees and Manifest-Related Services

Implementation at State Level

Compliance Strategies &Resources

Overview of the e-Manifest rule

Overview

e-Manifest: national electronic manifest system

and user service fees to fund the development

Upgrade current paper-based system

Authorizes e-Manifests under RCRA

Emergency responder access

Overview

e-Manifests = legal equivalent of paper system

Manifest forms are used to track shipments of haz

waste from a generator to disposal

New tools to reduce the reporting burden

Overview

More steps needed to fully implement e-Manifest

Establish the system and initial fee structure

EPA will work with states, industry, stakeholders

Requirements of e-Manifest

“to the same extent as paper manifests under

applicable Federal and State law…”

Track and maintain legal accountability of…

State authority to access paper copies

Access to all publicly available info

Can I still use paper??

Solid Waste Disposal Act

42 U.S.C. 6901 amended by inserting at the end

of the TOC for Subtitle C:

Benefits & Impact

Impact to State Agencies

EPA wants to streamline with state requirements

that currently require paper manifests

Get involved

Talk to State IT staff

Check e-Manifest website often

Ease of Access

EPA initiative to provide the agency, states and

public with easier access to environmental data.

Electronic reporting = enforcement

Reduce burden on preparing written manifests

Impact to RCRAInfo

e-Manifest will be separate from RCRAInfo

Impact on other shipment

tracking systems

“In Transit,” “Delivered” after manifest is signed

Differences:

Applies to entire shipment

Tracks additional information

40 CFR coordination

EPA still evaluating technical implementation of real-

time tracking of shipments.

Inclusion of all manifests

Paper and e-Manifest data

Transition from paper to e-Manifests

Fee structure

Other benefits

Drop-down menus and pre-populated forms

Track shipments and receive delivery and

acceptance confirmations

Recordkeeping

Mobile devices carried on transport vehicles

Cradle to Grave tracking

Eliminate 6 page paper manifest

Impact on other Regs

Electronic reporting for other permits -

Stormwater, NPDES

Permit records and compliance history accessible by the public

Stakeholders concerned about accuracy of

data and data being misinterpreted or

misconstrued

Stormwater permit initiative = $60M budget request for 2014.

Key Dates

One Year Rule

Oct 2012: Haz Waste e-Manifest Establishment

Act

October 5, 2013:

Authorizes e-Manifests.

System and fee structure must still be established by

EPA to implement the e-Manifest.

The NEXT rule will establish the initial fee structure

and announce the actual implementation and

compliance date for their use.

Publicly available data…

System Online

e-Manifest system to be online by October 2015

Shipments cannot be electronically tracked until

then

Funding has not been received yet

Determination of Rollout & Tracking

EPA’s Progress

When will it be online?

3 years from the signing of the Act

Signed October 2012

Online by October 2015

Advisory Board

No later than 3 years after enactment of bill

9 members

Chairperson

8 appointees by Administrator

2 = IT

3 = users

3 = State rep

Timeline

Rule was finalized in early 2014

Next rule to establish fees

October 2015 deadline

Technical details: system design, operation,

security, fee structure

Final Rule Electronic signature legal and enforceable

Manifest info – available after 90 days after considered “complete and final”

Opt-out options

Paper and electric

DOT shipping paper requirements

Record retention requirements

Electronic signature

Authorization

Fees and Manifest-Related Services

How will the fees be set?

EPA to set initial fees via rulemaking in

consultation with IT vendor(s).

2014

Operation, maintenance, and development of

system

Establish board by October 2015

Fees

Stakeholder communication and participation

Will e-Manifest system conflict or add work to

current DOT requirements.

It is still necessary to carry a printed manifest on

transport vehicle during transport of haz waste

subject to haz mat regs

Implementation at State Level

Non-RCRA wastes requiring

manifests under state law

Fed RCRA haz wastes

State-regulated wastes that require manifest by

state law

States will not be permitted to require different or

additional e-Manifests

State Compliance

Complete the facility portion of the applicable

manifest

Sign and date the facility certification

Submit to the system a final copy of the manifest

data for processing purposes

Compliance Strategies &Resources

Get Ready for e-Manifest

Get Involved

Talk to your generators, transporters, TSDFs, IT staff

Check the e-Manifest website often

Subscribe to the e-Manifest ListServ

Generator

Benefits:

Fill out manifests online

Track shipments and receive confirmation

Recordkeeping

Communicate and participate with EPA

Communicate with transporters and TSDFs

Transporter

Benefits

e-Manifest on mobile devices

Cradle to Grave racking

Eliminate current 6 page paper manifest

Minimal need for DOT-required paper manifests

TSDF

TSDF = key customer of e-Manifest system

Communicate and participate with EPA

Communicate with generators and transporters

Haz Waste Shipments by Rail

Electronic waybill system to track location/status

e-Manifest is primarily for highway shipments

EPA will coordinate with rail industry

Concept of Operations

EPA will host outreach and communications

webinars and meetings in 2014 with stakeholders

to discuss technical design

Online Resources

Text of the bill (21 large text pages)

http://www.gpo.gov/fdsys/pkg/BILLS-

112s710is/pdf/BILLS-112s710is.pdf

EPA Landing Page for e-Manifest

http://www.epa.gov/waste/hazard/transportatio

n/manifest/e-man.htm

Con-Ops doc

http://www.epa.gov/waste/hazard/transportatio

n/manifest/pdf/eman_conops.pdf

EPA Points of Contact

Per Con-Ops Doc

e-Manifest ListServ

Subscribe by sending blank message to

eManifest-subscribe@lists.epa.gov

Contribute by sending message to eManifest@lists.epa.gov

Unsubscribe eManifest-unsubscribe@lists.epa.gov

Thank you!

Continue the conversation –

Abby Ferri, CSP

abbyferri@gmail.com

612-567-9981

@abbyferri

Abby Ferri, CSP

+AbbyFerriCSP