Jenner & Block

EPA e-Manifest Rules Go Into Effect June 30th

Torrence_jpgBy Allison A. Torrence

Beginning on June 30, 2018, EPA will launch its new Hazardous Waste Electronic Manifest (e-Manifest) System. EPA’s e-Manifest system is many years in the making and follows the 2012 Hazardous Waste Electronic Manifest Establishment Act, and two final rules issued by EPA in 2014 and 2017.

Beginning on June 30th, the following changes take effect:

  • Facilities that receive hazardous waste that requires manifesting must submit manifests to EPA.
  • EPA will charge receiving facilities for all paper and e-manifests (lower fees for e-manifests; higher fees for paper manifests).
  • Generators, transporters and disposers of hazardous waste may transmit waste manifest data electronically through EPA’s e-Manifest system.

The new requirement for receiving facilities to submit all manifests to EPA is a big change. To assist industry in this transition, EPA recently announced that it would grant extra time for receiving facilities to submit paper manifests during the initial months after system launch.

Under EPA’s regulations, receiving facilities must submit paper manifests to EPA within 30 days of receipt. However, EPA will allow receiving facilities to submit paper manifests they receive between June 30, 2018, and September 1, 2018, by September 30, 2018. This effectively provides receiving facilities up to 60 additional days, over the existing 30 days provided in the regulations, to submit paper manifests to EPA.

EPA will impose a per manifest fee for each manifest submitted to the system based on the type (paper or electronic) and mode of submission (mail, data upload, image file upload). EPA has stated that it will publish the final fee schedule to the e-Manifest website prior to the system launch on June 30, 2018 (but has not done so to date).

EPA’s current best estimates for the initial per manifest fees are:

  • $4.00 for an electronic manifest (including hybrid)
  • $7.00 for a data file upload of paper manifest data
  • $13.00 for the upload of paper manifest image
  • $20.00 for submission of a paper manifest form by mail

Generators, transporters and disposers of hazardous waste may still use paper manifests, and parties that do so will use EPA’s new five-part form in place of the existing six-part form. However, as shown above, EPA’s manifest fees likely will be significantly higher for paper manifests than for electronic.

For more information, you can check out the following EPA resources:

TAGS: Hazmat, RCRA

PEOPLE: Allison A. Torrence