As you likely already know from reading CTI’s previous blog on e-manifesting, EPA’s e-manifesting system went live on June 30th despite serious concerns regarding its lack of full functionality, the objections from Department of Homeland Security over some of the “P” and “U” list waste codes, and work-arounds for some state’s waste codes (like Texas). But, ready or not, what does this major change to how waste manifesting will be done mean to you, the Waste Generator?
The good news is that this widespread nervousness over e-manifesting has prompted transporters and the treatment, storage, and disposal facilities (TSDF) to begin, with caution, by continuing to use paper manifests. See the infographic below on your e-manifest options. In short, electronic participation in e-Manifest by the Generator is not mandatory; Generators need to register with e-Manifest only if they will view, create, and/or sign manifests electronically or make corrections to manifests. Generators who are not registered in e-Manifest can continue to use paper manifests, as they do under the existing paper-based manifest system.
However, two important changes have occurred (even under the paper manifest option):
- Generators should be using the new 5-part Uniform Hazardous Waste Manifest (instead of the previous 6-part manifest form) and
- Several TSDF facilities have elected to no longer send hazardous waste manifests back to generators via mail or email after the waste has been received. Instead, once the information is entered by the TSDF into the e-manifest system, the TSDF will expect the Generator to retrieve the information electronically. To do so, Generators will be required to setup an EPA ID (if they do not already have one) and create an e-Manifest website account. Further guidance on how to obtain an EPA ID number and how to register for e-manifest is available at https://www.epa.gov/sites/production/files/2018-05/documents/e-manifest_generators_fact_sheet_0.pdf.
Registering for e-manifest is something you as a Generator would eventually want to do anyway (so doing it now is a good idea!). This is for at least two reasons:
- Once full functionality of the e-manifest system has been achieved (and proven), you will want to minimize your manifesting fees by entering your data yourself electronically (rather than having the TSDF do so at a higher expense).
- The e-manifest system will eventually allow you to retrieve all the manifest information needed to compile and file the RCRA Biennial Report (if you are a Large Quantity Generator).
The table below lists the user fees for fiscal years 2018/2019 (June 30, 2018, through September 30, 2019) that the EPA will charge the TSDF for the e-Manifest system. These fees will be charged back to the Generator as a separate line item on your invoice and may vary depending upon the TSDF and Transporter utilized:
|Manifest Submission Type||Fee per Manifest|
|Mailed in Paper Manifest||$15.00|
|Scanned Image Upload||$10.00|
|Data + Image Upload||$6.50|
|Electronic Manifest (Fully Electronic & Hybrid)||$5.00|
It should also be noted that the last-minute programming changes to the e-manifest system have made it more difficult for the TSDF to initially comply with the regulatory requirement to upload the manifests into the system within 30 days. Therefore, EPA will not be enforcing the 30-day deadline for the first 90 days. This will likely cause some delays in getting your waste pick-ups invoiced in a timely manner during the next couple of months.