e-Manifest - CalCUPA

e-Manifest - CalCUPA

The New Federal Hazardous Waste Electronic Manifest California CUPA Conference February 5, 2018 Cheryl Nelson (USEPA), Fred Jenkins (USEPA) and Valetti Lang (DTSC) Presentation Outline Background Benefits of e-Manifest How e-Manifest Works

Implementation and Communication e-Manifest Outreach e-Manifest in California Getting Started Q&A e-Manifest Background 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 application (Application Programming Interface (API)) will allow hazardous waste handlers to create and manage hazardous waste manifests directly in EPAs 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:

1) Hazardous Waste Electronic Manifest Establishment Act of 2012 2) e-Manifest One-year Rule: February 2014 3) e-Manifest User Fee Rule: January 2018 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 eManifest, and must implement e-Manifest until States are authorized. 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. 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 EPA Establishes the fees that will be charged for each manifest submission and how/when the fee formula will be adjusted Establishes how fees will be paid (using pay.gov) Establishes sanctions for non-payment of fees Incentivizes 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. 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 EPAs 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. Benefits of e-Manifest 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. Benefits of e-Manifest (Contd) 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. How e-Manifest Works 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-Manifest Input data directly in e-Manifest Fully electronic manifest

Fees 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. 14

Estimated User Fees Estimated Year One Marginal Cost Manifest Fees by Manifest Type (2017$) Manifest Submission Type Paper Manifest Types Electronic Manifests (includes hybrid) Year One Fee (Estimated) Mailed Paper $20.00 Image Uploads

$13.00 Data File Uploads $7.00 Electronic $4.00 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. Implementation and Communication 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. 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. 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 eManifest system. e-Manifest Outreach 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 FAQs

Industry and state stakeholder meetings Regional roadshows Monthly Public Listserv announcements Fact sheets (coming soon!) FUTURE: Help Desk e-Manifest Outreach Submit input/questions to [email protected]

To subscribe to the ListServ send a blank message to: [email protected] For more information on EPAs e-Manifest Program: www.epa.gov/e-manifest How Will e-Manifest Work in CA? 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 eManifest 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/.

Getting Started RCRAInfo and e-Manifest RCRAInfo is EPAs 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. RCRAInfo Industry Applications

There 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. 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 870022/22A and submit their manifest data.

DTSC opted into this application is now accepting user accounts. 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. 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. 30 Industry Application User Permissions Currently, RCRAInfo Industry Application allows for the following user permissions: 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. 31 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. How to Stay Informed Visit EPA Website (actively updated): www.epa.gov/e-Manifest Submit input/questions to: [email protected] Subscribe to the Listserv, send a blank message to: [email protected]

Attend free EPA Webinars; see EPAs webpage for upcoming webinars Contact Regional POC To participate in our user testing please visit: https://www.epa.gov/e-manifest/how-participate-testinghazardous-waste-electronic-manifest-system-system-e-m anifest Questions? Cheryl Nelson U.S. Environmental Protection Agency Region 9 75 Hawthorne Street San Francisco, CA 94105

[email protected] 415-972-3291 Fred Jenkins Jr., Ph.D. U.S. Environmental Protection Agency Headquarters [email protected] 703-308-7049 Valetti Lang State of California Department of Toxic Substances Control 1001 I Street Sacramento, CA 95812 [email protected] 916-324-1815

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