Frequent Questions about e-Manifest
- Receiving Facilities
- Manifest Preparation, Brokers
- Federal and State Implementation
- Fee Obligations
- Record Retention and Distribution
- Data Policy and Data Correction
- System-Specific Questions
- User Registration
*These Frequent Questions were last updated on 12/3/2018
- 1. How does e-Manifest apply for wastes that are required to be manifested in one state (e.g., the state where the waste was generated) but not required in another state (e.g., the state where the waste was received)?
The e-Manifest Act included a special provision to address this point. Under § 2(h) of the Act, if either the generation state or receiving state requires a manifest during the movement of the waste shipment, then the receiving facility must complete the facility portion of the manifest, sign and date the facility certification to indicate the receipt of the covered wastes (or any discrepancies), and then submit that completed manifest to EPA. The submission of this manifest will also require the receiving facility to pay the associated fee for that manifest. If the generation state requires a manifest, the receiving facility must submit this manifest to e-Manifest, even in instances where the waste is not regulated in the destination state and does not legally require a manifest under the laws of that state. This will enable the origination state to confirm the proper receipt of its regulated wastes, even when those wastes are shipped out-of-state for management.
- 2. What about states that require a manifest when the shipment moves through the state?
The e-Manifest Act provision on interstate shipments applies only in cases where either the origination state requires a manifest, or, the state in which the waste will be transported to a receiving facility for management (i.e., destination state) requires a manifest. Transit-only states, that is, states through which waste is transported en route to a designated facility in another state, are not covered by this provision, so their tracking requirements would not trigger any responsibility for the designated facility to respond to a transit state’s manifest requirement.
- 3. Will e-Manifest include imported waste shipped on a manifest? Will it include exported waste shipped on a manifest?
The e-Manifest system will track import manifests, as these manifests begin with a U.S. importer, and end with a U.S. receiving facility. Thus, once these hazardous wastes enter the U.S., their tracking is not that different than any other domestic waste shipment.
However, during this initial phase of implementation, the e-Manifest system will not track export manifests. Initially, the e-Manifest system’s manifest submission and fee collection requirements will be focused on the receiving facilities in the U.S. that are clearly within the jurisdiction of our manifest regulations. Export manifests track wastes that are received at foreign consignees, and EPA lacks jurisdiction to require these foreign facilities to submit manifests to e-Manifest and pay user fees to EPA. Therefore, EPA will need to work out how and when the exporters or other entities involved with export shipments can supply these export manifests to the system and pay the requisite processing fee. It may require another rulemaking to sort out these issues, and until further notice, the system will not collect export manifests.
- 4. Will EPA be collecting any other documents besides the manifest form and continuation sheets? For example, will EPA collect the notification associated with the land disposal restriction (LDR) regulations? How will EPA handle any other miscellaneous document it receives?
The initial e-Manifest system will focus only on manifests and continuation sheets involving the shipment of wastes that require a manifest under federal law (federal RCRA or regulated polychlorinated biphenyl waste) as well as the manifests and continuation sheets involving state-only regulated wastes subject to manifest requirements under state law. We will not process LDR notices or any other non-manifest documents. We will also not process export manifests in the initial system. EPA will recycle any miscellaneous documents it receives.
- 5. What manifests must be required to be submitted to EPA? If someone chooses to use the EPA manifest form, but isn’t required to do so, must that form be submitted to EPA?
If the wastes listed on a manifest are not required to be shipped under a manifest under either federal or state law, then there is no requirement that such manifests be submitted to EPA.
- 6. Will the e-Manifest requirements apply to Very Small Quantity Generators (VSQGs) who ship their waste to a Large Quantity Generator (LQG) for consolidation?
In the recently promulgated Generator Improvements Rule, EPA codified a provision to allow VSQGs to ship their hazardous waste off-site to an LQG for consolidation if the VSQG and the LQG are under the control of the same person, and the VSQG complies with specific conditions for marking its containers. Under the federal rules, if a VSQG meets the conditions for shipment to LQGs under control of the same person, the shipments to the LQG are not required to use a RCRA manifest to track these shipments. Shipments of waste not subject to the manifest under either federal or state law are not subject to e-Manifest requirements.
Note that states authorized for the RCRA program must adopt the provision allowing consolidation of VSQG waste at an LQG before entities within that state can start operating under the provision. In addition states can be more stringent in their regulations. For site-specific questions, please contact your authorized state.
- 7. Can I use paper manifests after June 30, 2018?
Yes. Under the e-Manifest Act and EPA's implementing regulations, manifest users may continue to use paper manifests after the system launches on June 30, 2018. However, EPA strongly encourages the use of electronic manifests as these manifests will be the least expensive and easiest way to comply with the regulations.
- 8. Can I use old manifest forms after the June 30, 2018, launch of e-Manifest?
EPA is requiring a new 5-copy manifest form on and after the June 30, 2018, launch of e-Manifest. The new 5-copy forms present accurate information on the distribution of the receiving facility copy to the e-Manifest system, and instructions on the use of the manifest. The 5-copy form also removes and consolidates two of the old 6-copy forms, i.e., the two copies marked “Designated facility to consignment state” and “Designated facility to generator state.” These are no longer needed as only one copy will be submitted to EPA’s e-Manifest system. States will then have access to the manifest data through the e-Manifest system.
EPA believes it is important that the manifests convey accurate information on distributing the top copy (Page 1) of the manifest to the EPA system, or otherwise, many forms may be misdirected to the states. Any misdirected forms could cause confusion for our authorized states, and perhaps result in a facility failing to comply with the RCRA requirement to submit copies of all their manifests to e-Manifest and pay the applicable fees.
EPA will accept Page 1 copies of the obsolete 6-copy forms for processing after June 30, 2018, but we strongly recommend that users transition to the 5-copy forms as quickly as possible. If a user wishes to continue to use the obsolete 6-copy forms, they should undertake measures to minimize confusion. For example, one approach (although not a requirement) could include applying a pre-printed adhesive label to the top copy with the accurate copy distribution language ("designated facility to EPA's e-Manifest system"). Facilities should train their manifest personnel to inspect manifests carefully to ensure they are routed properly during the time any of the obsolete manifests remain in use.
Updated June 11, 2018
- 9. What are the specific changes to the manifest form for use after June 30, 2018?
The changes to the manifest form that will be required to be used after June 30, 2018, are:
- Replacement of the 6-copy manifest with a 5-copy form, resulting from the replacement of two copies that were previously earmarked for distribution to states with one copy to be submitted to the e-Manifest system;
- The copy distribution notation at the bottom of Page 1 will require the receiving facility to submit this copy to the e-Manifest system;
- There is a new warning notice to receiving facilities at the bottom of Page 3 advising all such facilities that if they received a waste accompanied by a manifest, they have responsibilities under the e-Manifest Act described in the instructions on the back of the form; and
- The instructions on the back of each copy correspond to the type of handler associated with each manifest copy, and include the new instructions for receiving facilities to submit manifests to the system.
- 10. How will e-Manifest apply to rail shipments?
Current regulations require the rail company receiving hazardous waste for transport to sign the manifest at the rail company office and then forward the manifest copies to the next non-rail transporter or to the receiving facility. Rail companies that receive electronic manifests will thus be able to designate a company official to register with e-Manifest and to sign manifests received at the rail company electronically rather than with ink signatures. Also, the signed manifests may then be forwarded electronically by e-Manifest to the next non-rail transporter or the receiving facility.
- 11. Will the e-Manifest system collect manifests for wastes that are not regulated as hazardous by EPA, but that are regulated as hazardous by a state?
Yes, the e-Manifest system will collect manifests for wastes shipped on a manifest, where the manifest is required either by federal law, or the law of the generator state or destination state. Users who use the manifest voluntarily for their waste shipments (i.e., the manifest is not required by federal or state law) should not submit their manifests to the e-Manifest system.
- 12. Will the data elements currently applicable to paper manifests change with the use of electronic manifests?
No, the basic regulations or instructions for completing an electronic manifest will not be materially different from today's regulations or instructions for completing a paper manifest. The data elements will remain the same; the only differences involve completing an electronic form and signing the form electronically. EPA determined in the 2014 One Year Rule that electronic manifests that are obtained from e-Manifest, used in accordance with the e-Manifest regulations, and submitted to the e-Manifest system are the legal equivalent to paper manifests for all RCRA purposes.
- 13. Which manifests must be submitted to EPA beginning on June 30? What happens if a manifest is in transit on June 30?
Any manifest initiated (signed by the generator) after 12:01 AM (local time) on June 30, 2018, must be submitted to EPA by the receiving facility. Manifests in transit during this time and signed by the generator prior to June 30 do not need to be submitted to EPA.
- 14. Are "milk-run" or "consolidated waste" manifests subject to e-Manifest's submission and fee requirements?
No. Receiving facilities need only submit manifests that apply to waste shipments for which the RCRA manifest is required under either federal or state law. “Milk run” or “consolidated waste” manifests are separate tracking documents required by states for certain state-only regulated wastes. These “milk run” manifests typically involve consolidating waste shipments from multiple generators on one manifest document, a practice that is not supported by the RCRA manifest. These state-specific tracking documents are not RCRA manifests. Therefore, “milk run” or “consolidated” shipments are not subject to e-Manifest requirements and should not be submitted to EPA’s e-Manifest system. The user should follow state law requirements on the disposition of these manifests.
- 15. Are VSQG/CESQG waste shipments subject to e-Manifest?
This answer depends on the state. In general, Very Small Quantity Generator (VSQG)/Conditionally Exempt Small Quantity Generator (CESQG) waste are exempt federally from the RCRA manifest, provided the regulatory conditions for the exemptions are met. Where these exemptions are applicable (i.e., in unauthorized states and in authorized states that have adopted these manifest exemptions), these wastes are exempt from manifest requirements and therefore are not subject to e-Manifest.
However, in some authorized states, the states have elected to require manifests for VSQG/CESQG waste shipments. In such cases, the manifests required by the states to track these shipments are subject to e-Manifest.
Additionally, the federal rules addressing VSQGs require manifests for certain episodic waste events at VSQGs. When such an episodic event occurs, and the VSQG rules apply, then these shipments and their manifests would be subject to e-Manifest.
- 16. Are Household Hazardous Waste (HHW) shipments subject to e-Manifest?
Generally, Household Hazardous Wastes (HHWs) are exempt federally from the RCRA manifest, when the regulatory conditions for the HHW exemption are met. In those cases where the HHW exemption applies and the regulatory conditions are met, these HHW shipments are exempt from manifest requirements and are therefore not subject to e-Manifest.
However, in some authorized states, the states have elected to require manifests for some HHW shipments (e.g., shipments that occur after HHW has been collected from HHW collection programs). In such cases, the manifests required by the states to track such HHW shipments are subject to e-Manifest.
- 17. Are wastes managed under the RCRA precious metals exemption subject to e-Manifest submission and fee requirements?
Yes. Wastes that are subject to the RCRA precious metals exemption are required to use a RCRA manifest, thus, the receiving facility must submit these manifests to EPA and pay the applicable user fee.
- 18. Are low-level mixed waste shipments subject to e-Manifest?
No. Low-level mixed radioactive/hazardous wastes are subject to a conditional exemption from the definition of hazardous waste that is codified at 40 CFR part 266, subpart N. Among these Subpart N provisions is a conditional exemption at 40 CFR 266.305 et seq. that applies to the transportation and disposal of these wastes. These low level mixed wastes are exempt from RCRA transportation requirements, including the RCRA manifest, when they are shipped for disposal to designated low-level radioactive waste disposal facilities (LLRWDFs) under the conditions of the exemption. These conditions include the use of the NRC’s Uniform Low-Level Radioactive Waste Manifest for tracking the transportation of these wastes. Since these low-level mixed waste shipments are subject to the NRC’s manifest, and not the RCRA manifest, these waste shipments are not subject to e-Manifest. Those involved in the transportation and receipt of these radioactive wastes should not submit the NRC manifest to e-Manifest.
- 19. When will the new 5-copy manifest form be available from the registered printers?
EPA encourages entities to contact individual registered printers for further information on when the new 5-copy manifest form will be available. We are aware that several printers will be able to supply the new form promptly. However, during the initial period after system launch, EPA will also accept copies of the old 6-copy form for processing, if users exercise care to ensure that the final, receiving facility copies (top copy) of manifests initiated on or after June 30, 2018 are submitted properly to the e-Manifest system. Registered printers are encouraged to switch their production to the new 5-copy version as soon as possible, although the printers may continue to offer the 6-copy version until August 31, 2018.
- 1. Do generators have to register for e-Manifest?
It is not required that generators register for e-Manifest by June 30, 2018. Generators who are not registered in e-Manifest can continue to use paper manifests, as they do under the existing paper-based manifest system, or under the hybrid manifest scenario.
Eventually, and over time, generators will need to register for e-Manifest if they wish to sign manifests electronically in the system, view manifest records in the system, or if they want the ability to submit post-receipt data corrections to the manifest.
- 2. How will e-Manifest assist generators in moving from paper manifests to electronic manifests?
EPA recognizes that generators face several implementation challenges in e-Manifest, particularly, for those generators that ship small quantities of waste or that ship wastes infrequently. Therefore, we have endeavored to develop e-Manifest and the system’s implementing regulations to ease the implementation burden for generators.
EPA has included other regulatory incentives to facilitate the participation of generators in e-Manifest. First, transporters who act as offerors of their generator customers’ shipments may sign the manifest as the offeror “on behalf of” the generator if the offeror prepares the shipment and the manifest for the generator customer and has personal knowledge of the facts underlying the generator/offeror certification. Second, the e-Manifest User Fee Rule supports a hybrid manifest approach under which the generator and initial transporter may sign a paper manifest copy and retain it on-site. The initial transporter and subsequent waste handlers then process the remainder of the transaction electronically. Thus, generators can continue to sign in the field and retain a paper copy of their initial manifest just as they have done under the existing manifest system. However, they will still need to register with e-Manifest and create an account where they can view their manifest copies when they are signed and submitted as final manifests by the receiving facility, or, they will need to make special arrangements with the receiving facility to obtain a signed paper copy from the facility.
Finally, EPA notes that there are other provisions in the e-Manifest regulations that will create incentives for generators to become more involved with electronic manifesting. The hybrid manifest authorized under 40 CFR 262.24(c)(1) is one such example. By aligning with a service company that participates in electronic manifesting, but that allows the generator to retain a paper copy under the hybrid approach, generators will have relationships with entities that are supporting and promoting electronic manifesting. In time, EPA expects that the activities of these service companies will foster more participation by generators in electronic manifesting, and that the service companies will make an effort to transition their generator customers from the hybrid to the fully electronic manifest.
Another example of regulatory incentives is the manifest data corrections process included in the final user fee rule of January 3, 2018. See 40 CFR 262.24(h). While generators may elect to continue to use paper manifests (or the hybrid) for delivering their wastes to the initial transporter and/or tracking their shipments to designated receiving facilities, manifest data corrections will be handled in e-Manifest by an exclusively electronic process. In order to participate in the manifest data corrections process, generators will need to establish an account in e-Manifest where they can view their final copies signed by receiving facilities. In addition, this account is where generators will receive any notices related to later data corrections made by interested waste handlers or regulators, and where they may themselves submit certified corrections of data to the system. By creating and using these e-Manifest accounts to view manifest copies, view correction notices, and make their own corrections, generators may become more acquainted and comfortable with electronic services, and in particular, with using an electronic certification of their corrections. This will provide a good foundation for completing electronic manifests and for signing manifests electronically when they are ready to participate more fully in electronic manifesting.
- 3. What is a hybrid manifest? How does it help generators use e-Manifest?
The hybrid or mixed paper/electronic manifest is a specific manifest approach that EPA adopted to assist generators who are not able to fully participate in electronic manifesting at the time of system launch. The hybrid manifest allows transporters to initiate an electronic manifest in e-Manifest and use this manifest with their non-participating generator customers. The initial transporter may print a copy of the electronic manifest for the generator, and the generator may sign the paper copy, obtain the initial transporter's ink signature on this paper copy, and then retain this paper copy on-site as the generator's initial manifest copy as is done under traditional manifest requirements. Thereafter, the initial transporter and subsequent waste handlers will complete the remainder of the tracking of the shipment electronically in e-Manifest with electronic signatures and electronic transmissions to the system. Hybrid manifests are charged the same fee as a fully electronic manifest.
- 4. Will generators be given a paper copy of the manifest form under the hybrid manifest (which is signed electronically by the transporter)?
Under the hybrid manifest approach, generators will be given a paper copy that will be signed by hand by the generator and the initial transporter. These generators will retain this signed paper copy as their initial manifest copy, just as they have done under the existing manifest regulations for paper manifests. The transporter and subsequent waste handlers will conduct the remaining manifest completion and tracking requirements electronically in the system.
- 5. How will generators, who are not registered in e-Manifest, receive a copy of the completed manifest? Are receiving facilities responsible for sending a copy to the generator in this case?
Generators that do not establish accounts for viewing their manifests should make arrangements with their receiving facilities to supply the generators with paper copies of completed manifests. The e-Manifest system will only supply electronic copies of completed manifests to generators.
- 6. Does the generator have to submit the generator copy of the manifest to EPA?
No, generators do not have to submit paper manifests to EPA. EPA will only collect paper manifests from the receiving facility. (Of course, when electronic manifests are signed by generators in e-Manifest, these records will be accessible in the e-Manifest system.)
- 7. What happens if a generator is ready to sign manifests electronically in EPA's e-Manifest system, but the transporter or receiving facility is not set up to sign electronically?
For a generator to sign electronic manifests in e-Manifest, all other entities in the chain must also be able to sign electronically in e-Manifest. If the transporter or receiving facility is unable to sign electronically, the generator must use a paper manifest.
- 8. How many ways are there for generators or offerors to initiate a manifest in the e-Manifest system?
A generator or offeror can initiate a manifest in one of three ways: (1) using the paper manifest, with “by hand” signatures being executed by all handlers throughout the process; (2) using the electronic manifest, with electronic signatures being executed by all handlers throughout the process; and (3) using the “hybrid” manifest, in which a manifest is created as an electronic manifest in e-Manifest but then printed out and signed by the generator and initial transporter and then retained at the generator site. The initial transporter and other handlers complete the hybrid manifest electronically.
- 9. Can a generator without electronic signature capability still participate with an electronic manifest?
Yes. An electronic manifest can be executed in one of two ways at generator sites that lack electronic signature capability. First, if there is an offeror (typically, the initial transporter) who has prepared the waste shipment and the manifest, and has sufficient knowledge of the shipment’s preparation to be able to certify to the facts in the generator/offeror certification statement, then the offeror preparing the shipment can sign the manifest electronically on behalf of the generator. Second, a generator without electronic signature capability can take advantage of the hybrid process, which allows the generator to obtain, sign by hand, and retain a paper printout of an electronic manifest that all other handlers sign and complete electronically.
- 10. Can generators use the e-Manifest system to keep records of their manifests?
Yes. Generators that have registered with e-Manifest may elect to use their e-Manifest account to store and retrieve their manifest copies.
For electronic manifest users, all manifest copies will be available in the system for viewing and inspection.
For paper manifest users, the image file of the final manifest copy signed by the receiving facility will be uploaded to e-Manifest, and copies of these final manifest image files will be available for registered generators to view and retrieve.
Also, under the federal manifest regulations, the generator’s initial paper copy may be discarded and replaced by the final manifest copy when returned to the generator by the receiving facility. Thus, registered generators can use e-Manifest to meet their recordkeeping requirements with respect to the image file copy of the final manifest, and can also discard any corresponding paper copy of the initial manifest, once the image file of the final manifest is available in their account.
Note, however, that this policy (discarding the initial paper copy) does not apply to generators that use the hybrid manifest. Such generators must retain their initial paper copy among their records for the entire 3-year record retention period, since this initial, paper copy is the only copy of the manifest that will include the generator’s signature on the generator/offeror certification. Thus, it must be retained for completeness.
- 11. Does the requirement under 40 CFR 262.24(a)(3) that generators' manifest records in the e-Manifest system be "readily available" for viewing and production for RCRA inspectors mean that the generators have already registered with the e-Manifest system?
Yes. This provision of the e-Manifest regulations applies to generators that are using electronic manifests and accessing manifest records in e-Manifest. A generator must be registered with e-Manifest in order to do both.
- 12. Is there an explicit regulatory requirement that generators are monitoring their manifests in the system and verifying the receipt of their wastes by receiving facilities?
In the manifest system, there is an explicit requirement that generators conduct exception reporting, and this requires the generators to monitor their electronic and paper manifests to verify that all their waste shipments are received in a timely manner by the facility designated on their manifests. With both paper and electronic manifests, the generator is obliged to inquire of transporters and receiving facilities when their final manifest copies appear overdue, and to report exceptions to state or Regional officials when these shipment exceptions cannot be reconciled within regulatory time frames.
- 13. How will e-Manifest affect Exception Reporting by generators?
Exception reporting requirements (40 CFR 262.42) remain unchanged by e-Manifest. This includes the time frames for follow-up actions by generators when a manifest signed by the receiving facility is not timely received by the generator. Exception reporting requirements, therefore, continue to apply equally to paper and electronic manifests.
The first follow-up action for generators in section 262.42 is to inquire of the transporter or designated facility on the status of its waste, if a signed copy of the manifest has not been received by the generator within 35 days of the date the waste was accepted by the initial transporter. If the status is not resolved by day 45, then the generator must file a written exception report with the regulatory agency. (A distinct process is specified for small quantity generators).
When electronic manifests are widely adopted, the generators’ ability to confirm receipts by the receiving facility will be much more immediate than with paper manifests. However, with paper manifests submitted by mail, the receiving facility will have up to 30 days from delivery to submit its final copy to e-Manifest. After being received by EPA, these paper copies will need additional time to be scanned and processed into the system. With e-Manifest having launched on June 30, 2018, there will be a backlog of mailed paper manifests to be scanned and processed, and these image file copies may not be received by the generator before the time frames for exception reporting are reached. This will undoubtedly occur during the period from June 30 to September 1, 2018, when receiving facilities may defer submitting their signed paper copies until September 30th under the policy EPA has announced for giving these facilities additional time to submit manifests during the initial transition period. Therefore, we urge generators using paper manifests to inquire of their transporters and designated facilities on the status of their waste shipments should they encounter situations where their final manifest copy appears to be overdue. Receiving facilities can minimize the frequency of these inquiries from generators by either avoiding the mailing of paper copies and instead using the options available for submitting images through the e-Manifest system or mailing their paper copies to e-Manifest early, e.g., by mailing it to the system by Day 20 after receipt, rather than holding these paper copies until Day 30.
EPA plans to further explore whether there should be changes to the Exception Reporting process on account of e-Manifest.
- 14. Must I get an EPA ID Number for emergency response, remediation sites, or other transitory generation sites?
Yes. The RCRA regulations generally require that generators must not transport or offer hazardous waste for off-site transport unless the generator has obtained an EPA Identification Number. Further, the transporter requirements state that a transporter must not transport hazardous waste without having received an EPA Identification Number.
The RCRA Subtitle C regulations generally do not distinguish between sites at which hazardous waste is generated on an ongoing basis versus waste generated from a single event. Thus, on-scene coordinators, other generators, or transporters responding to emergency response sites, remediation sites, or spill/discharge events must typically submit the EPA Site ID Form (Form 8700-12) to their EPA Region or authorized state agency to obtain an EPA ID Number, or where appropriate, request from their regulator a provisional or emergency ID Number.
Provisional or temporary ID Numbers are issued to sites that are not sites of ongoing industrial processes, but are instead remediation sites or sites involved with “one-time” generation events. Provisional ID Numbers are issued after submission of the Site ID Form, but they may be of limited duration. Emergency ID Numbers are for those spill or discharge events where the generation of waste is unforeseen and short-term. One responding to such an emergency typically would not need to submit a complete Site ID Form to obtain an Emergency ID Number, but could instead provide provisional details over the phone about the incident and obtain an Emergency ID Number for use on its manifests.
In addition, EPA is implementing in RCRAInfo a means for states to opt into a process for the immediate, electronic issuance of ID Numbers in response to emergencies. Where states opt into this electronic process, users needing ID Numbers in the face of emergency circumstances will have another, expedited means for obtaining an ID that will not necessitate even a phone call to their regulator.
An existing federal transporter regulation (40 CFR 263.30(b)) provides authority for EPA or state officials to waive manifest preparation requirements and the requirement to use transporters with EPA ID Numbers to respond to certain discharge events during transportation for which it is determined by the government official that the immediate removal of the waste is necessary to protect human health and the environment. This authority is seldom used however, because the more common practice in such cases is to instead promptly issue provisional or emergency ID numbers for these sites and events, rather than waivers. Nevertheless, in exceptional cases where time is of the essence, and an immediate response to a spill or other emergency is necessary to protect human health or the environment, existing EPA policy provides that officials may waive the EPA Identification Number requirements for the generators and transporters that are engaged in immediate hazardous waste removal in response to a discharge or other emergency incident. See Program Implementation Guidance on Issuance of Provisional EPA I.D. Numbers, RCRA Online # RO 12016, November 26, 1980. Such waivers should be reserved for those emergency events for which it would not be reasonable to defer the response action until an ID Number is issued.
Otherwise, when an EPA ID Number, or provisional or emergency ID Number is obtained for the affected site, the person responsible as generator or offeror for off-site shipments from the remediation, discharge or other transitory site must use the ID Number issued to it in completing its paper or electronic manifests.
If the response action is an emergency removal action for which a waiver of the ID number requirement has been granted, then in these circumstances, the paper manifest should be used, with the Generator ID Number field left blank, and a statement in Item 14 explaining that an ID Number waiver was granted because of the emergency, and a brief description of the emergency event justifying the waiver.
- 15. Are temporary or provisional facilities without EPA IDs subject to e-Manifest?
If a manifest is required for shipments from these facilities under federal or state law, then these facilities are subject to e-Manifest. However, as discussed above, the temporary or provisional nature of the site may suggest the use of a paper manifest or hybrid manifest for their shipments, as an EPA ID number is not required as part of the generator information to be entered on the paper form. If it is desired to use fully electronic manifests, then these sites must obtain an EPA ID before completing any electronic manifests. EPA does encourage the use of electronic manifests, however, and in those cases where an electronic manifest is desired, these facilities can obtain an EPA ID Number by filing EPA Form 8700-12 with the EPA Region or authorized state.
- 16. Are facilities that have ID Numbers, but that are not in RCRAInfo, subject to e-Manifest?
These facilities are subject to e-Manifest if the shipment to and from such facilities requires a RCRA manifest under either federal or state law.
Facilities that file the Site ID Form will be issued an EPA ID Number, and this number will automatically be added to RCRA Info and be available in the system’s look-up tables for use in completing electronic manifests.
Facilities with state ID numbers that are not EPA ID numbers in RCRAInfo will not be able to complete electronic manifests until these ID numbers have been manually added to RCRAInfo. Until this occurs, the facility should complete paper manifests that include its State ID Number in the appropriate field of the paper manifest. Electronic manifests cannot be used if the facility’s ID Number cannot be found in RCRAInfo and the system’s look-up table. We encourage you to contact your state regarding specific questions on such state-issued IDs.
Additionally, for state waste receiving facilities that are new to RCRAInfo and e-Manifest, please coordinate with your Regional and State contacts to ensure that your ID number is recognized in the system as a receiving facility. A list of EPA Regional contact is available here.
- 17. Must a generator keep a distinct paper copy of the manifest available for DOT inspectors that inspectors that inspect the generator site?
No. Copies of manifests in e-Manifest will satisfy the DOT’s hazardous materials regulations on retention of shipping paper records. The DOT rules allow shippers (generators) to retain copies of shipping papers such as the manifest electronically, although they may be asked to produce a hard copy of the electronic document on the request of the inspector. This is also a requirement for RCRA inspectors.
- 18. Do VSQGs need an EPA ID Number?
VSQGs in unauthorized states or in authorized states that have adopted the VSQG (formerly CESQG) exemption are generally exempt from manifest requirements, if they meet the conditions of the exemption. In these circumstances, the exempt VSQG or CESQG would not need to participate in e-Manifest and would not need an EPA ID Number.
However, in some authorized states, the states have elected to require manifests for VSQG/CESQG wastes. Additionally, federal rules require manifests for certain episodic waste events at VSQGs, and in these cases, the VSQG must also obtain an EPA ID Number by submitting EPA Form 8700-12.
In summary, e-Manifest will apply wherever there is a requirement under either state or federal law to use the RCRA manifest for a VSQG/CESQG waste shipment.
In those circumstances where e-Manifest applies to VSQG/CESQG shipments (other than for episodic event shipments), an EPA ID Number would not be required if the generator uses a paper manifest to track its waste. In such cases, the VSQG/CESQG generator could complete its paper manifest by supplying all the other information required on the manifest form to identify the generator. However, EPA encourages the use of electronic manifests, and if such a generator desires to complete an electronic manifest (or is required to use the manifest to track an episodic event shipment), then it must have an EPA ID Number. A VSQG/CESQG lacking an EPA ID Number should file the Site ID Form and obtain an EPA ID Number specific to their site if it plans to use the electronic manifest. (If a VSQG/CESQG has a unique state-issued ID, please contact your state on whether this could be transferred to EPA for use for electronic manifesting.)
- 19. How many waste codes must be entered on electronic manifests?
The regulatory requirements for entering waste codes have not changed, but as a practical matter, electronic manifests will offer users more flexibility in entering federal and state waste codes.
The regulations still provide that the generator or offeror must enter on the manifest the federal and state waste codes that best represent the waste and its hazards. Where there are multiple codes that apply to a waste, the regulations provide that up to six federal and state codes can be entered on the form, and the paper form provides six data fields per waste for this purpose.
Electronic manifests, however, are not limited by the physical space constraints that limit paper form users to entering at most six codes. While entering six waste codes per waste for electronic manifests will suffice for regulatory compliance, users of electronic manifests may enter more than six waste codes, if so desired.
- 1. Can EPA provide additional time for receiving facilities to submit manifests and ease the burden of transitioning to the new e-Manifest system?
Yes. EPA recently decided to 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.
This does not change the requirement for receiving facilities to send manifests initiated on and after June 30, 2018, to EPA and for EPA to then charge a user fee for each manifest it receives. Rather, it simply extends the deadline for when paper manifests would be due to EPA. There are three ways for receiving facilities to submit a paper manifest: (1) through the U.S. mail; (2) upload of a scanned image of the manifest; and (3) sending a data file plus a scanned image of the manifest. Once the paper manifest is received by EPA, EPA will charge a user fee for each manifest based on how the manifest was submitted and the corresponding costs to EPA to process the data. EPA charges the highest user fee for paper manifests mailed to the Agency, a lower fee for uploads of scanned images, and a lower fee still for manifests submitted as data files plus scanned images.
(Receiving facilities, of course, can use electronic manifests/hybrid manifests, but as these manifests are signed electronically in EPA’s e-Manifest system and are submitted to the Agency instantaneously, the extra time to submit paper manifests is not applicable for these manifests. EPA charges the lowest user fee for electronic manifests.)
EPA believes that this additional time will allow receiving facilities to complete any steps necessary to modify their software systems and integrate them with e-Manifest so that they are in a better position to take advantage of the lower user fees for paper manifests submitted as “data plus image” uploads. Thus, this flexibility reduces costs to industry as well as reduces processing burden for EPA and sets up an important framework for entities to expedite their transition to fully electronic manifesting.
EPA encourages receiving facilities to submit paper manifests as soon as possible, rather than waiting until September 30, 2018. This will help both the receiving facility and EPA best manage, process, and bill for any manifests accumulated during this period.
Beginning on September 1, 2018, receiving facilities must submit all paper manifests to EPA within 30 days of receipt by the receiving facility, as required by the regulations.
- 2. What options will hazardous waste handlers have for submitting manifests once the e-Manifest system launches?
Receiving facilities will have several options for submitting their manifests to EPA. First, for electronic manifests, the receiving facility copy will be submitted immediately to e-Manifest when signed electronically by the receiving facility. This is the most efficient method of submitting manifests to e-Manifest, and because it is an automated process, results in the lowest user fee.
Since users retain the option of using paper manifests to track their waste shipments, the e-Manifest system provides receiving facilities with three distinct options for submitting the final receiving facility copy to e-Manifest. First, the receiving facility may submit the top copy of the hand signed manifest to e-Manifest by mail for processing by the system’s paper processing center. Second, receiving facilities may instead upload a scanned image of the top copy of the manifest, again, to be processed by the system’s paper processing center. Finally, receiving facilities may utilize the third and preferred option for submitting the receiving facility paper copy, which involves uploading to the system both a data file and an attached image file copy of the form. This third option results in the lower paper processing fee, because the upload of the data file eliminates much of the manual processing that produces higher costs for the other paper submission methods.
EPA further notes that the first paper submission option – mailing the manifest form to the e-Manifest system – will be phased out on June 30, 2021, so that only the digital methods of paper copy submission will then be available to receiving facilities.
- 3. How soon after receiving a shipment do I need to sign for that shipment? Is there anything different if I sign electronically versus on paper?
Under the manifest system's chain of custody, a waste handler is presumed to retain custody and responsibility for hazardous wastes in transportation until that handler obtains the signature of the next handler. So, a transporter will ordinarily expect the receiving facility to sign the manifest when the transporter delivers the waste to the receiving facility and will want to obtain this signature before it leaves the facility. This requirement is the same for paper and electronic manifests.
- 4. How soon after completing a manifest do I need to submit that manifest to EPA?
The regulations for paper manifest submissions specify that a completed manifest must be submitted to the EPA’s e-Manifest system within 30 days of the delivery of the waste to the receiving facility. This 30-day timeframe extends to submission of paper manifests by mail, scanned image, or data upload plus image. Electronic manifests, of course, are created, transmitted and signed in the e-Manifest system, and thus are submitted at the time the receiving facility signs electronically for the receipt of the wastes.
- 5. Whose responsibility is it to submit manifests to EPA?
Receiving facilities are responsible for submitting manifests and paying the applicable per manifest fee to EPA. The responsibility for paying the per manifest fee for electronic manifests belongs to the receiving facilities designated on the manifests, and accrues when the receiving facilities submit the final signed manifest to the system.
- 6. Will the requirements in 40 CFR 265.71(a) describing how a receiving facility must manually sign manifests and distribute copies to the transporter and the generator only apply to paper manifests? Would the wording in 40 CFR 265.71(a)(2) regarding signing and dating “by hand,” still apply with an electronic signature?
The manifest regulations addressing how receiving facilities execute manifests generally describe the requirements for facilities to sign and submit manifests when they receive hazardous waste shipments accompanied by a manifest. These regulations further require the facility to sign and date the manifest by hand to indicate receipt or shipment discrepancies, then give a copy to the delivering transporter, and then, within 30 days, return a copy to the generator.
While these requirements describe the mechanics of processing a paper manifest, they are also relevant to electronic manifests. Under the 2014 One Year Rule, EPA determined that an electronic manifest that is obtained from e-Manifest, signed electronically and submitted to the system in accordance with the rule’s conditions are the legal equivalent to a paper manifest processed in the conventional way. So, while the person signing an electronic manifest per the rule may not sign “by hand” as is done with paper manifests, if they follow the requirements in the e-Manifest rules for obtaining, completing, and submitting electronic manifests, they have done the functional equivalent of signing a manifest by hand, and the electronic manifest is as valid as a paper manifest.
- 7. I am a TSDF that accepts wastes from states other than my own. If a waste’s originating state requires a manifest for a waste that my state does not require, must I register and submit a manifest to the e-Manifest system?
Yes, per the e-Manifest Act, if the waste has a manifesting requirement under the law of either the origination (generator) state or the destination state, then the receiving facility must submit the manifest to the system and pay any applicable fees associated with that manifest.
- 8. What is the address of the e-Manifest paper processing center to which receiving facilities must mail their paper manifest copies?
Receiving facilities can mail the top copy of their paper manifest and continuation sheet forms to the following address:
EPA e-Manifest PPC
14295 Park Meadow Drive
Chantilly, VA 20151
- 9. How can receiving facilities supply their paper manifest generators with the required final copies?
There is a RCRA regulatory requirement that receiving facilities return a signed copy of the final manifest to the generator within 30 days of receipt of the waste. If the generator is registered with e-Manifest and uses its e-Manifest account for recordkeeping, then the image file produced from the receiving facility’s final manifest copy will be delivered to the generator’s e-Manifest account when the image file is uploaded by the receiving facility or produced by the system’s paper processing center during the processing of mailed forms.
Alternatively, the receiving facility may satisfy this requirement by placing the copy in the mail, as has been the practice for many years.
Receiving facilities are responsible for determining that their generator customers are registered with e-Manifest and using the system for monitoring their manifest records. Receiving facilities should continue to mail paper copies to their generator customers, until they have confirmed that the generator is registered and using e-Manifest for recordkeeping.
- 10. Can I sign off (certify receipts) on a manifest with a bulk waste discrepancy of less than 10%? Does this manifest require a correction?
The e-Manifest requirements, including the post-receipt data corrections process, do not alter the existing discrepancy reporting requirements that have been in place for many years with respect to bulk shipments. In other words, for bulk wastes, there is not a “significant discrepancy” requiring follow-up and reporting if the receiving facility finds that the quantity it measures as received is within 10% of the quantity that was entered as the quantity shipped by the generator or offeror. The receiving facility may in such instances sign the manifest and certify to the quantities shown on the manifest, and this manifest does not require a correction. However, a correction may be advisable to ensure greater accuracy and precision with respect to manifest data reporting. The e-Manifest system is being developed to place a greater emphasis on accuracy in reporting quantities shipped and received, and as e-Manifest integrates in the future with the RCRA biennial report, data corrections may be necessary if the accuracy of manifest data is to be assured.
- 11. Can receivers opt out of the e-Manifest requirements by using a paper manifest?
No. All receiving facilities must submit all manifests they receive (whether paper or electronic) to EPA’s e-Manifest system and pay applicable user fees, as required. Using a paper manifest enables a user to opt out of the electronic manifest, but still requires a manifest submission and a timely fee payment on the part of the receiving facility.
- 12. How should a state-only regulated waste facility that does not manage RCRA hazardous waste complete the Site ID Form to request an EPA ID Number?
Non-hazardous waste facilities that need an EPA ID Number for e-Manifest compliance must complete certain portions of the RCRA Site ID Form (Form 8700-12) to obtain an EPA ID Number. The facility should complete Items 1 through 10 of the Form and should check the first box under Item 1 to indicate that “Reason for Submittal” is to obtain an EPA ID number for an on-going regulated activity that will continue for a period of time.
The completion of Item 10 of the Site ID Form (Type of Regulated Waste Activity) requires special attention. The facility completing the Site ID Form must indicate a generator status under Item 10.A.1 for the Form to be accepted, so a facility that is not a generator must check “No” under Item 10.A.1 to proceed with their request.
The other waste activity indicators (Items 10.A.2 thru 10.A.7) can be left blank or can all be checked “No” if the facility is not involved in any of the waste activities described in the fields.
The state-only regulated waste facility should then enter in Item 10.C any applicable waste codes for the state-regulated wastes that are handled at their site and will be tracked under the manifests received at the facility. Since Item 10.C is reserved for the entry of state regulated (non-Federal) hazardous wastes, the facility should enter these codes regardless whether the state agency regulating these wastes defines them as state hazardous wastes, industrial waste, used oil, special wastes, or under another description. If the wastes involved are state-regulated and state law requires the RCRA manifest for their tracking, then the applicable state waste codes should be entered.
The final items of the Site ID Form to be completed by a non-hazardous or state-only regulated waste facility are comments under Item 18 and the Certification in Item 19. The comments section should include a comment that the facility is requesting an EPA ID Number as a non-hazardous waste facility for purposes of compliance with the e-Manifest Act.
- 13. Is submission of the Site ID Form sufficient to cause a facility and its ID Number to appear in the system’s look-up tables?
No. While the submission of the Site ID Form completed in the manner discussed above will result in the issuance of an EPA ID Number to the facility, this alone will not cause the facility and its ID Number to appear in the look-up tables that will be used for completing electronic manifests in e-Manifest. For this to occur, the facility must request that the state agency issuing the ID Number manually add the facility and its newly issued ID Number to the RCRAInfo e-Manifest Receivers List. Once that is done, persons completing electronic manifests will be able to select the facility from the receiving facility look-up tables.
- 14. If a manifest is used by a generator to ship hazardous wastes or PCB wastes off-site to a receiving facility, and that facility tests the waste on receipt and determines that it is not a hazardous waste or is not a regulated PCB waste containing > 50 ppm PCBs, does the receiving facility need to submit the manifest to the e-Manifest system?
Yes. At the point of generation, the generator completed a manifest for the off-site shipment, because based on the generator’s process knowledge, the waste could likely be a hazardous waste or a regulated PCB waste. Although the waste is being shipped to a facility that will test the material and determine conclusively whether the material is a regulated hazardous waste or PCB waste, the test result will not be available in time to affect the generator’s determination at the point of generation. In such cases, it is necessary to manage the material as a regulated hazardous waste or PCB waste and ship it off-site accordingly with a manifest. The manifest was thus required for this shipment, based on the generator’s process knowledge at the point of generation. The fact that the receiving facility could test the materials and determine at receipt that the material was not in fact regulated does not retroactively cancel the manifest or alter the fact that it was required when shipped off-site by the generator. Since any manifest that is required for off-site transportation under federal or state law must be submitted to the e-Manifest system by the receiving facility, the facility cannot decline to submit it to the system because of information it acquired post-receipt.
- 15.Can authorized states still require that a Discrepancy Report letter be sent to the states when a paper manifest discloses an unreconciled significant discrepancy?
Yes. The e-Manifest system does not currently have the functionality to conduct discrepancy reporting, and the manifest regulations still provide that in the event of a significant discrepancy that is not reconciled within 15 days of receipt by the facility, the facility must send to the EPA Region or authorized state a discrepancy report letter and a copy of the paper manifest at issue. While the launch of e-Manifest resulted in the issuance of new e-Manifest requirements that EPA is now implementing, the authorized states remain authorized for the discrepancy report requirements. Therefore, the states retain their authority to receive the written discrepancy reports arising from the use of paper manifests, and those reports should be submitted to authorized states, and not to EPA.
- 16. If a facility returns rejected wastes or a regulated container residue to the entity named as the generator on the original manifest, but the generator named on the original manifest is in fact a treatment, storage, or disposal facility (TSDF), which party is responsible for the payment of the fee for the return manifest?
In the User Fee Rule, EPA provided that in the case of rejected wastes (or residues) that are returned to the generator named on the original manifest, the rejecting facility, and not the generator, is responsible for submitting the return manifest and the payment of the fee for the return shipment manifest. This requirement is determined by the specific manifest transaction at hand -- i.e., in this instance, a rejected waste or residue is being sent by the original TSDF back to the generator client named on the original manifest. The fact that this particular generator happens to be a TSDF and thus could be registered in the system already for user fee purposes is not relevant for this particular billing question. The rejecting facility is responsible for the submission and payment regardless of the generator’s status as a TSDF.
Manifest Preparation, Brokers
- 1. What methods of manifest preparation are supported in e-Manifest?
The e-Manifest system will support the preparation of manifests in three distinct ways. First, since manifest users still have the option of using paper manifests, those users preparing manifests for tracking waste shipments may continue to obtain paper manifests from any of the registered manifest printers approved by EPA, and complete, physically carry, and use them in the conventional manner. These paper manifests will accompany the waste shipments, be signed by hand by waste handlers with changes in custody of the waste shipment, and then be submitted to the system by the receiving facility within 30 days of receipt.
Second, electronic manifests may be obtained from the system, and then prepared, signed, and transmitted electronically through e-Manifest as electronic manifests. The process under this second option is fully electronic from start to finish, with the electronic manifests being prepared and signed using portable devices rather than as a set of paper forms that are carried with waste shipments.
As a third supported method of manifest preparation, the system supports the hybrid, or mixed paper/electronic manifest. With the hybrid manifest, the manifest is obtained from the system and prepared by the preparer as an electronic manifest. However, when the initial transporter arrives at the generator site, the transporter presents the generator with a printed copy of the electronic manifest, and both the generator and initial transporter sign this paper copy by hand so that the generator can retain this one paper copy on-site as the generator's initial manifest copy. Thereafter, the hybrid manifest is processed by the transporter, subsequent waste handlers, and the e-Manifest system as an electronic manifest.
- 2. Can a transporter, broker, or receiving facility prepare and sign manifests ‘on behalf of’ the generator?
While any waste handler and broker can prepare a manifest "on behalf of" a generator, the authority to sign manifests is more limited. Manifests prepared by others for a generator customer can be signed by the generator, or by the agent (e.g. a contractor) of the generator operating on-site and performing generator responsibilities at the site for the generator, or by an offeror. An offeror is a person, typically the representative of the initial transporter, who performs the pre-transportation functions (e.g., packaging waste in containers, preparing and affixing labels, preparing the manifest) on-site, and has personal knowledge of the facts involved with the preparation of the waste for transportation. In these cases, an offeror can sign the generator/offeror certification on the manifest on behalf of the generator, because the offeror can certify that the waste materials have been properly described and the shipment is in proper condition for transportation.
- 3. I’m a broker. What will e-Manifest allow me to do and how do I register?
A broker may prepare manifests in e-Manifest for its generator clients. Because a broker may service multiple clients, EPA requires that brokers obtain an EPA ID Number using the Site ID Form (EPA Form 8700-12), so that we may track the manifest activities of brokers in e-Manifest, and make draft manifests available to brokers for the use of their clients. However, a broker may not sign manifests in e-Manifest on behalf of generator clients, unless the broker is operating at the generator site and can sign the manifest as an offeror of the waste shipment.
- 1. Can a highway transporter’s electronic signature be executed by a person other than the transporter’s representative who is present at the generator site for the waste pick-up?
No. When an electronic manifest is used for highway mode of hazardous waste transportation, the transporter’s representative that is present at the generator site for the waste pick-up is the only person that can sign the manifest electronically to acknowledge receipt of the materials from the generator for transportation. This is typically the driver of the transport vehicle. The transporter representative present at the generator site plays a valuable role in verifying that the materials described on the manifest as being shipped by the generator are in fact properly described on the manifest, are properly packaged and labeled, and are in proper condition for transportation.
For rail transportation, there are other requirements and considerations that apply so that company officials or other persons may sign manifests to acknowledge receipt of waste shipments by a rail transporter. Manifests are not normally carried on the rail equipment, and the crew members operating trains are not typically in a position to sign the manifest.
- 2. Can the generator sign a manifest on behalf of a highway transporter?
No. The driver or other transporter representative that is present at the generator site for the waste pick-up is the only person that can sign the manifest to acknowledge receipt of materials from the generator for highway transportation. While a transporter can sign a manifest on behalf of a generator, this is because the initial transporter is frequently the offeror of a shipment, and has the personal knowledge of the facts involved in a shipment’s preparation, and thus can sign the generator/offeror certification on the manifest. There is no similar authority for generators to sign manifests on behalf of transporters.
Federal and State Implementation
- 1. What does it mean if my state has not adopted the e-Manifest rule(s)? What if my state has not become authorized for the e-Manifest rule(s)?
Implementation and authorization of e-Manifest requirements are governed by unique provisions of the e-Manifest Act. The Act provides that all requirements issued under the authority of the e-Manifest Act shall go into effect federally on the effective date of the federal regulations. In addition, the Act requires that EPA implement and enforce the e-Manifest requirements consistently in all states until such time as the states are authorized for these requirements.1 Thus, EPA will be active in all states on the program’s effective date, implementing the federal e-Manifest requirements until the states are authorized. When the states are authorized for delegable provisions of the e-Manifest rules, the states will then be able to implement the delegable electronic manifest regulatory requirements. However, even after states are authorized for e-Manifest, EPA will retain its primary responsibilities to operate and maintain the e-Manifest system, and to implement the user fee program and collect the user fees from the regulated community.
- 2. States are generally required by authorization deadlines (see 40 CFR 271.21(e)) to make program modifications within one year from the time EPA issues a new RCRA regulation. What if more time is required for states to implement e-Manifest requirements?
Implementation and authorization of e-Manifest requirements are governed by unique provisions of the e-Manifest Act. The Act provides that all requirements issued under the authority of the e-Manifest Act shall go into effect federally on the effective date of the federal regulations.
EPA recognizes that state progress in adopting program changes such as e-Manifest can be affected by many factors. Nevertheless, EPA believes that e-Manifest brings helpful changes to the manifest program that will make state compliance and tracking programs much more efficient once e-Manifest related changes are adopted by the states. Therefore, we encourage states to adopt the changes included in the One Year Rule and the User Fee Rule at their earliest convenience, so that the states may share in the innovations and efficiencies that will result under e-Manifest.
Until such time as the states adopt the necessary regulatory changes, the Act provides that EPA will implement and enforce the e-Manifest program consistently in all the states. Thus, states that need more time to make these changes can take additional time to adopt e-Manifest requirements, and the program will still be implemented in the state by EPA. However, states will not be able to fully implement the e-Manifest regulatory program until they adopt the necessary program changes and obtain authorization from EPA.
- 3. Will EPA or states be required to enforce the e-Manifest system?
The e-Manifest system is an extension of the existing manifest system, which involves compliance and enforcement responsibilities for both EPA and the authorized states. However, there are certain user fee aspects of the e-Manifest requirements that are exclusively federal responsibilities and that are not authorizable or enforceable by the authorized states.
The e-Manifest Act also produced some significant differences with respect to state implementation of the Act’s requirements. First, electronic manifest and use conditions that are based on e-Manifest Act authority, will be effective in all states on June 30, 2018, which is also the date of the e-Manifest system launch. The Act provides that EPA will initially implement and enforce electronic manifests, as well as the other delegable e-Manifest Act based requirements (e.g., the requirement to submit final paper manifest copies to the system, the use of hybrid manifests, and manifest data corrections) until such time as the states adopt these requirements in state law and obtain authorization for them. Second, the user fee requirements promulgated by EPA under the e-Manifest Act at 40 CFR 264 subpart FF, are not authorizable or delegable to states, and are exclusively federal requirements that only EPA can implement and enforce. Only EPA can set e-Manifest user fees and collect them from the user community. Likewise, the financial and civil enforcement sanctions for non-payment that are set out in the e-Manifest rules are federal sanctions that only EPA can enforce against users who neglect to pay the fees owed to the Agency for their e-Manifest submissions.
EPA has developed a separate Q&A that discusses in greater detail the e-Manifest User Fee Rule and its authorization requirements.
- 4. Do I have to wait for my state to adopt the e-Manifest rules before using the e-Manifest system?
No. When the Congress authorized the creation of an e-Manifest system, it provided that e-Manifest would go into effect federally in all states on the system launch date determined by EPA, regardless of any state's rule adoption or authorization status. EPA has announced that e-Manifest will launch on June 30, 2018, which coincides with the effective date of the e-Manifest rules. Thereafter, as states adopt state law counterparts to EPA's e-Manifest requirements and obtain program authorization from EPA, the states may assume implementation and enforcement responsibilities for those parts of the e-Manifest program that are delegable to states.
- 5. Will states continue to collect paper manifests after e-Manifest launches?
States may continue to collect generator or transporter copies of paper manifest after e-Manifest launches, as EPA does not plan to collect and process the generator and transporter copies of paper manifests in e-Manifest. This includes generator copies of any paper manifest signed by the generator, including hybrid manifests where the generator signs on paper. However, after e-Manifest launches on June 30, 2018, the receiving facility copies of manifests may only be collected by e-Manifest, and not directly by the states. States will obtain their receiving facility data from the e-Manifest system rather than from the facilities. For electronic manifests, the EPA system will collect and retain all handler copies from generators, transporters, and receiving facilities. Since states can obtain any handler copy of an electronic manifest from the e-Manifest system, states cannot require generators or other waste handlers to supply a paper or other copy of electronic manifests directly to the states.
- 6. When will states have access to the e-Manifest data?
States with connectivity to the e-Manifest system will have immediate access to all manifests for which the state is shown as either the generation state or the destination state.
- 7. What if a state receives a manifest form that should have gone to EPA?
If a state receives paper manifests intended for EPA, it should not process them. Instead, the state should:
- Contact the receiving facility to report the “misdirected” manifest error;
- Direct the receiving facility to EPA’s webpage, "How to Submit a Hazardous Waste Manifest" which provides the appropriate mailing address for paper manifest submissions; and
- Return the “misdirected” manifests to the receiving facility by postal mail.
As an alternative to receiving facilities mailing manifests to EPA’s Paper Processing Center, EPA strongly recommends receiving facilities take advantage of the benefits and cost savings of submitting them electronically through the e-Manifest system by scanning the paper manifests and uploading them, along with the corresponding data files, in the e-Manifest system. A receiving facility would only incur a cost of $6.50 for each image and data file upload instead of $15.00 for each postal mail submission (A cost savings of almost $9.00 per paper manifest submission).
- 8. Can states collect a paper generator copy when the generator uses the electronic manifest?
No. States cannot require generators to print out electronic manifests and submit them to the state. This is because the generator has signed electronically in the system and thus states can receive their manifest copy from e-Manifest. This is consistent with Congress’ objective that e-Manifest reduce paperwork burdens by establishing e-Manifest as a national reporting hub for collecting and distributing manifests.
A state may only collect a generator copy of a paper manifest when the generator signs on paper. This is because the EPA system collects only the receiving facilities’ paper copies, and not the paper manifest copy from generators, thus the paper copy will not be available to states from the e-Manifest system.
- 9. Will the e-Manifest requirements become effective immediately on the same date in all states?
Yes, the e-Manifest requirements will become effective on the same date in all states. In its recent User Fee final rule, EPA announced that the effective date for the e-Manifest requirements and the e-Manifest system is June 30, 2018.
- 10. How will use of e-Manifest relate to the Department of Transportation (DOT) hazardous material regulations (HMR) requirement to use a shipping paper?
EPA is coordinating with DOT during the development of e-Manifest. The system will generally allow a user to produce a manifest that satisfies the DOT HMR requirement for a shipping paper. One key point is that DOT currently requires that a hard copy shipping paper be placed in the cab of the transport vehicle during transportation. Therefore, handlers using e-Manifest will still need to comply with that requirement (e.g., print the manifest from the e-Manifest system).
- 11. Does the use of e-Manifest satisfy EPA and Department of Transportation (DOT) hazardous material regulations (HMR) recordkeeping requirements for retention of the manifest?
Yes. Proper use of e-Manifest will satisfy the EPA RCRA recordkeeping requirements for hazardous waste generators, transporters, and receiving facilities. DOT HMR requires companies to retain a copy of the shipping paper (manifest), or an electronic image. DOT allows companies to retain shipping papers electronically, as long as a hard copy is provided to an authorized representative upon request. The retention periods supported by e-Manifest will meet or exceed DOT's three-year record retention requirements for hazardous waste shipping papers.Yes, the e-Manifest requirements will become effective on the same date in all states. In its recent User Fee final rule, EPA announced that the effective date for the e-Manifest requirements and the e-Manifest system is June 30, 2018.
- 1. Will there be a fee to use the e-Manifest system when it goes live?
Yes, the e-Manifest Act authorized EPA to collect reasonable user fees for all system-related costs, including development and maintenance. In the final User Fee Rule, EPA determined that the destination or receiving facilities will pay a per manifest fee that will cover the costs of the e-Manifest system. The per manifest fees under the User Fee Rule vary based on the type of manifest (paper or electronic) and the manner of submission (e.g., direct mail, data file upload, image upload). EPA has not imposed fees on generators or on members of the pubic that would use the system only to access data.
- 2. How much will the e-Manifest system charge per manifest?
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 will publish the final fee schedule to the e-Manifest website prior to the system launch.
EPA published estimates of the initial fees in the preamble of the January 3, 2018, User Fee Rule. As of the issuance of the Fee Rule, our 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
- 3. Do I have to pay a fee if I make corrections in e-Manifest?
No. Under the final rule, there is no fee associated with data corrections that interested persons may submit at any time after an original manifest has been submitted to e-Manifest.
- 4. What is EPA doing with the user fees it collects from e-Manifest?
The fees that EPA collects from e-Manifest and places in a U.S. Treasury account are to be used solely to offset EPA's costs in developing, operating, maintaining, and updating the e-Manifest program, as required under the e-Manifest Act. EPA's program-related costs include the Agency's intramural and extramural costs in establishing and operating the e-Manifest system, including the costs of developing the program's implementing regulations, as well as the costs related to managing the program.
- 5. When will we post our user fees for e-Manifest?
EPA is required to accomplish full cost recovery with its user fees, so the final user fees will not be determined until EPA is able to fully assess the costs of operating the e-Manifest system. However, EPA published in the final User Fee Rule preamble a table showing estimates for the initial e-Manifest fees, based on the best and most current information on hand at the time of publication of the final rule. EPA will update the fee schedules on the e-Manifest web site, and final user fees should be in place in May 2018.
- 6. How does e-Manifest handle rejected loads by the receiving facility and who pays the manifest user fees in this case? What about partial rejections?
If the entire shipment is rejected, the manifest rules allow the rejecting facility to forward the entire shipment to an alternate receiving facility on the original manifest. In such a case, the alternate facility is responsible for signing the manifest, submitting this manifest to the e-Manifest system, and paying the fee. If a waste is partially received and partially rejected by the original facility, the original facility is responsible for submitting the original manifest to the system and paying the related fee for the processing of the partial receipt data. The re-shipment of the rejected portion of wastes to another receiving facility requires a second manifest, and the alternate receiving facility designated on the second manifest to receive the rejected wastes is then responsible for submitting this second manifest to the system and paying its associated fee.
The submission and fee payment requirements differ somewhat for wastes that are rejected by the receiving facility designated on the original manifest, and then returned to the generator. This is because EPA does not require manifest submissions or fee payments by generators. If the entire shipment is rejected, the manifest regulations allow these wastes to be returned to the generator under the original manifest. In that case, the rejecting facility is responsible for submitting to e-Manifest the copy of the return manifest signed by the generator, which current manifest regulations require the generator to send back to the rejecting facility within 30 days. When submitting this return copy to the system, the rejecting facility must also pay the processing fee for the return manifest.
Likewise, for partial rejections that involve a return of rejected waste to the generator under the manifest discrepancy requirements, the receiving facility of the original manifest is responsible for submitting the signed copy showing its waste receipts to e-Manifest and paying this manifest’s processing fee. Since the return of the rejected portion of the waste shipment requires a second manifest to be completed by the rejecting facility to track the return shipment back to the generator, this facility is also responsible for submitting the return manifest copy (signed by the generator) to e-Manifest and paying the fee for the processing of the return shipment manifest. So, a partial rejection by a receiving facility that also involves a return shipment to the original generator can cause the rejecting facility to be responsible for two distinct manifest submissions and their related processing fees:
- The submission of the original manifest showing waste receipts by the receiving facility
- The submission of the copy of the return shipment manifest signed by the original generator
- 7. If the system is not available through no fault of the user, and a shipment’s tracking must be completed with a paper manifest, will I be charged the paper submission fee or the electronic manifest fee?
The e-Manifest regulations provide that in certain instances where the system goes down, such that the system is unavailable to complete the tracking of a shipment that was initiated with an electronic manifest, a paper “replacement manifest” must be used to complete the shipment’s tracking. This would likely only be an issue for shipments that begin under a fully electronic manifest or as a hybrid, as system outages should not affect paper manifest submissions sent via the e-Manifest system such as images, since the receiver can in most cases defer uploading the data files or image files until the system has been restored.
For extended system outages that are not scheduled and necessitate the use of a paper replacement manifest, EPA will invoice these shipments based on their submission to the system as paper manifests. EPA is obliged by law to recover its full costs for operating e-Manifest, so the Agency must generally charge the paper processing fee for paper manifests.
If there are exceptional circumstances (e.g., a system outage of unusual length) and a facility believes its charges under an invoice are unfair or improper, the facility may raise these circumstances through the invoice dispute process. In these exceptional circumstances EPA may adjust fee invoices to address such circumstances where good cause is shown and the applicant can demonstrate the fee adjustment that would be appropriate for the affected transactions.
To initiate this invoice dispute process, please email firstname.lastname@example.org.
- 8. What if the system goes down while I am trying to update or correct manifest data?
There are no adverse consequences should the system go down while submitting a data update or correction. There is no time limit on when data corrections may be submitted to e-Manifest, nor are there fees charged for any data corrections. So, if the user submitting the correction should find that their previously attempted correction was not entered in the system records, he or she should re-submit that correction when the system is again available.
- 9. What are the final user fees that EPA will charge users to use the system?
EPA will charge the following fees for manifest submissions occurring after the system launch on June 30, 2018. These fees will be in effect until September 30, 2019.
Manifest Submission Type Fee per Manifest
Mailed in Paper Manifest
$15.00 Scanned Image Upload $10.00 Data and Image Upload $6.50 Electronic Manifest (Fully electronic & hybrid) $5.00
Record Retention and Distribution
- 1. How long will EPA’s e-Manifest system keep manifest data?
EPA intends for the e-Manifest system to keep manifest data indefinitely until a formal records schedule can be established. EPA expects to consult with the e-Manifest System Advisory Board and obtain the Advisory Board’s advice regarding record retention protocols.
- 2. If I mail or upload a paper manifest to EPA, what is considered the “legal” record of shipment once the paper manifest becomes an electronic manifest in e-Manifest? Do I need to retain my paper copy or can I rely on the system to keep the electronic record?
The e-Manifest system is intended to be a national hub for the collection, distribution, and retention of electronic and specific paper manifest records. The system is particularly aimed at reducing the paperwork burdens under the prior paper-based system, by automating the transmission of manifest documents to interested waste handlers and states, and by providing a means for electronic record retention.
For electronic manifests, the e-Manifest system will support the entire manifest production, distribution, and record retention process for all the generators, transporter, and receiving facilities that participate in electronic manifesting and establish accounts in e-Manifest. The system will distribute and retain in the relevant handlers’ accounts all manifest copies produced and used during the tracking of a hazardous waste shipment, including the generator’s initial copy, the transporter copy, and the final copy signed by the receiving facility, which will be distributed to the original generator, to the delivering transporter, and to interested states. Each of these electronic copies will be secured and retained by the system as copies of record which can be retrieved and examined by persons authorized by each handler to view their company’s manifest records. These manifests can also be inspected by regulators. All manifest record retention and inspection requirements will be satisfied electronically by users being able to access their copies of record through their accounts in e-Manifest.
For paper manifests, the manifest retention and distribution requirements of e-Manifest are more focused. The e-Manifest system will collect and distribute only the final receiving facility copy, which the system’s operations staff will scan (if mailed to EPA) and then conduct data entry of the manifest data into the e-Manifest data system. For paper manifests that are not mailed to us, the system will receive a scanned image from the facility, and in many cases, a data file as well.
Since the e-Manifest system will only collect the final receiving facility copy, generators must retain on site the initial paper copy bearing the generator/offeror signature and the signature of the initial transporter. Likewise, transporters should retain any paper copies they obtain in executing waste shipments that involve paper manifests, as these paper copies will be viewed as their legal copies of record.
The e-Manifest system will also have the capability to transmit and store in handlers’ accounts the scanned images of the final manifest copies submitted by the receiving facilities. In such cases, the receiving facilities need only retain their on-site paper copies (Page 3- designated facility copy) until such time as a legible scanned image of the manifest is entered in the system and accessible to the facility by accessing its account in e-Manifest.
Likewise, a generator that chooses to use paper manifests, but that has access to an account in e-Manifest, may also take advantage of the system’s secure record retention and retrieval capabilities to satisfy its record retention requirements. A generator who uses paper manifests, but registers with e-Manifest and creates an account for monitoring manifest activity, may rely on the scanned image from the receiving facility as its final manifest copy. Since this image bears the signature of the receiving facility, and is securely stored by e-Manifest and accessible to the generator, this image suffices for the copy of record of the generator’s final manifest. This image copy replaces the paper copy that previously would have been mailed to the generator by the receiving facility.1 Note that this only applies to manifests that are executed throughout as paper manifests through the entire chain of custody ending with the hand signature of the receiving facility. Generators who use the hybrid manifest option – and keep a hand signed paper copy as their initial generator copy – cannot replace their initial paper copy with the final signed by the receiving facility. The final copy from the receiving facility is an electronic manifest signed electronically, and is not an image file that will display the hand signatures of all the waste handlers. Therefore, the generator using the hybrid manifest must retain its hand signed paper copy among its records for the entire record retention period.
1 EPA determined in 1996 that scanned images that bear the handwritten signatures of waste handlers are legally sufficient for record retention and inspection purposes, if the record retention systems used to produce, store, and retrieve these records are secure and provide reliable access. The e-Manifest system is designed to meet and exceed these requirements.
- 3. How long will EPA keep paper manifests that are mailed to EPA?
EPA will retain the original mailed copies only for the time required to create scanned images of these manifests and conduct data key entry activities to process the forms' data into the system. Once the paper manifests have been processed, EPA will recycle them.
- 4. Do record retention policies differ for RCRA and PCB wastes tracked with the RCRA manifest?
No. Record requirements for both RCRA hazardous waste and Regulated PCB waste manifests are the same; both must be kept for three years under EPA’s federal regulations.
- 5. If I am an exporter, and I need a copy of the paper form to send to the foreign consignee facility, how do I do this if the new 5-copy form does not provide an extra copy for this purpose?
When using the new 5-copy form, an exporter should simply make a photocopy of the manifest and send the photocopy to the foreign consignee. This is the standard manifest procedure when there are insufficient copies in the form set to supply all handlers or interested parties with a copy of the manifest.
While EPA understands that exporters may have used Page 2 of the previous 6-copy manifest (designated as copy for destination facility to send to generator state, if required) to send to the foreign consignee facility, the copy designated as Page 2 in the previous 6-copy form was not actually intended for this purpose. It was available, however, as an extra copy for exporters or others to use when convenient.
With the new 5-copy form, there is no longer a copy earmarked for the designated facility to send to a generator state. This copy is no longer available for use as an “extra” copy. So, a photocopy of the manifest should be made by exporters or others who need an additional manifest copy for any other purpose.
Data Policy and Data Correction
- 1. How will the e-Manifest system allow for corrections? Who can correct a manifest?
EPA is implementing a manifest data corrections process that will enable any interested person to submit data corrections at any time after the receiving facility copy and data have been entered in the system. This data corrections process is projected to be available electronically to registered system users in the fall of 2018. When implemented, it will work in the following manner.
After the receiving facility submits its signed copy of a manifest (whether paper or electronic) to e-Manifest, interested persons, including the named waste handlers on the manifest as well as state regulators performing Q/A activities from the generation or destination states, may submit data corrections to the system. This can happen at any time post-receipt. Waste handlers must certify that the corrected data are accurate and complete, and the submission of a correction generates an automatic notice to the other persons associated with the manifest. These other interested persons may then respond to a correction notice with their own data corrections. The system will retain an auditable record of all such correction submissions, and the last correction made with respect to a manifest is regarded as the final and correct representation of the data, unless a later notice is received. Thus, the data corrections process is an open process, conducted electronically among the interested waste handlers and state regulators connected with a manifest.
- 2. How does e-Manifest address Confidential Business Information (CBI)?
EPA has determined categorically that manifests are not subject to CBI claims. See 40 CFR 260.2(c). For many years, a number of authorized states have been disclosing their manifests and manifest data freely to the public upon request, and have not subjected these public requests for data to CBI scrutiny. Since manifest data have been and will remain freely available from those states, EPA is not according CBI status to manifest data. Therefore, it is not necessary to establish any formal process for addressing CBI issues in e-Manifest.
- 3. Will EPA prioritize processing of certain manifests over others?
No. Once EPA establishes that a submitted document is a valid manifest submission eligible for inclusion in e-Manifest, there will be no priority in the processing of manifests. Manifests including federal RCRA wastes will have the same priority as manifests involving state-only regulated wastes that require a manifest under state law.
EPA acknowledges, however, that in early implementation of e-Manifest, there may be a lag in processing time for certain paper manifests, such as paper manifests mailed to EPA.
- 4. When will the public have access to the e-Manifest data?
The public will generally have access to manifest data 90 days after the date of receipt at the receiving facility. EPA believes that 90 days is a generally sufficient time for the waste handlers involved with manifests to sort out discrepancies, correct data , or address other issues connected with a manifest, although there is no fixed time limit on data corrections.
In addition, certain data from manifests that may involve the shipment of Chemicals of Interest (COI) under chemical security rules issued by the Department of Homeland Security (DHS) will be redacted from manifests before they are made available to the general public.
- 5. Will EPA disclose information from manifests withheld from public disclosure as part of a Freedom of Information Act request?
EPA will not publicly disclose through the e-Manifest system certain information from manifests involving P-List and U-List RCRA wastes if they are included on the Department of Homeland Security (DHS)’s Chemicals of Interest list found at the appendix to 6 CFR part 27. These data would not be available for disclosure to the public under a Freedom of Information Act (FOIA) request.
- 6. How will e-Manifest handle manifest discrepancy reports?
Under the federal RCRA hazardous waste regulations, if receiving facilities cannot reconcile discrepancies with the waste generator or transporter within 15 days after receiving the waste, the receiving facility must submit to the regulator a letter describing the discrepancy and attempts to reconcile it and a copy of the manifest at issue. This is known as the “discrepancy report.”
The final rule’s new correction process does not displace the existing discrepancy reports, but we believe they will cause discrepancy reports to be less frequent. As waste handlers will have the opportunity to participate in an open corrections process after the manifest is signed by a receiving facility, the receiving facility can identify errors and correct them as part of the corrections process, which will also permit a generator to respond to such corrections. Thus, waste handlers would be expected to reconcile data errors, including discrepancies, as part of this corrections process. However, there is still a role for the discrepancy reports to address significant discrepancies in quantity and type that are not resolved by the corrections process. If the generator and the receiving facility do not agree to a facility’s correction, or the generator is not a participant in such corrections, then the facility should still file the discrepancy report when there is an unresolved discrepancy in piece count for container shipments, or an unresolved discrepancy of greater than 10% with respect to a received bulk shipment. This has the effect of elevating unresolved discrepancies to the attention of regulators, and remains necessary in those cases where corrections are not able to provide a satisfactory resolution to a shipment discrepancy.
- 7. In 40 CFR 265.71 (l) there is a statement that corrections can be made by interested parties at any time; what version of the manifest will be used in an enforcement case?
Both the final copy of the manifest signed by the receiving facility and corrections introduced later by the corrections process may have relevance. The manifest document is a shipping paper, and the copy of the manifest signed by the TSDF at receipt represents the facility’s certification of receipt as to the materials listed on the manifest and understood at that time as having been received. The system will retain the manifest copy as signed by the receiving facility as the copy of record of the manifest at waste receipt, and the data from this signed manifest will be the source of the data for the data record in the system for that shipment. In most instances, that will be the first and last information reported to the system on the receipts for that shipment.
However, there is a data corrections process, whereby facilities and other waste handlers may enter certified corrections to the waste receipt data, when an error is discovered post-receipt in the data system. Such a correction might occur when either the signed manifest is itself found to be in error on closer examination of the shipment contents, or, when an error was made in entering information from the original paper manifest into the system. The data corrections process is intended to provide an orderly process for correcting data records in the system, and all corrections certified and entered will be retained and audited by the system, with the original records. The use of the corrections process will facilitate data quality in the manifest data system, particularly, as we move toward integrating the system with the biennial reporting process.
- 8. Will the e-Manifest system be linked to RCRAInfo?
Yes, e-Manifest will be linked to RCRAInfo and will have the ability to validate information entered on an electronic manifest against information in RCRAInfo. (RCRAInfo is an EPA information system that collects information on hazardous waste sites. The public can access information in RCRAInfo through RCRAInfo Web.
- 9. Will use of the e-Manifest system replace the federal biennial report (BR)?
The e-Manifest Act requires that EPA integrate the reporting of information in e-Manifest with the RCRA biennial report process. EPA remains committed to that goal, but will phase in this feature over time to ensure that manifest data are of high quality to support state and federal processes. Therefore, the use of e-Manifest will not yet replace the biennial report when the system launches on June 30, 2018.
- 1. Does e-Manifest use EPA's Central Data Exchange (CDX)?
Yes. e-Manifest is one RCRAInfo Industry Application which utilizes CDX for its registration. Users registered with existing CDX accounts simply need to login via the RCRAInfo Industry Application to gain access to the application. Unregistered users can register directly with the RCRAInfo Industry Application. All users will need to request permissions for their specific site(s) once they gain access.
- 2. Is e-Manifest accessible on mobile devices, like a tablet or smart phone?
Yes, e-Manifest is accessible on mobile devices.
- 3. Can e-Manifest be used for both hazardous waste and non-hazardous waste shipments on the same truck?
- 4. Will the system generate automated notifications if manifests are pending for signature?
Yes, this functionality will be available, if not by the June 30th launch, then shortly thereafter.
- 5. Will the generators add the management method code at the initiation of the manifest?
Under the current paper-based manifest system, the receiving facility enters the management method code. In e-Manifest, the management method code is optional up until the point the manifest is finalized and sent to EPA. This means a user may enter a management method code on the manifest at any point, but the receiving facility must enter/ensure the code is entered after signing for receipt of the waste.
- 6. Can you print out a hard copy of an electronic manifest?
Yes. You can print a hard copy of an electronic manifest by selecting the printer icon in the top right corner of the manifest (shown below).
- 7. Will e-Manifest include state hazardous waste codes (in addition to federal hazardous waste codes)?
Yes. States have provided this information to EPA and it is available in the system.
- 8. Can you use an application interface (API) to sign manifests?
Not at this time. APIs will be available to push and pull data on manifest(s) but electronic signatures must be performed in the e-Manifest system.
- 9. Can a user create and save a template in e-Manifest? For example, for repeat shipments? In other words, will e-Manifest allow me to create several manifests with the same information at one time or will I need to create them individually?
Yes. This functionality will be available; users can simply use the copy manifest icon on the e-Manifest dashboard.
- 10. What role does e-Manifest play in supporting emergency response?
A Site Manager or state administrator can choose to grant emergency responders view access to their site or state information, respectively. However, transporters must continue to carry a shipping paper on the transport vehicle for the use of responders, in accordance with current DOT requirements. For this reason, the e-Manifest system is not being designed for emergency response purposes.
- 11. Does the e-Manifest system meet the American Disabilities Act Standards for accessible design?
Yes, e-Manifest meets the American Disabilities Act standards (also known as “508 compliance”).
- 12. If a receiving facility is using a data upload to submit a manifest, how will the manifest numbers be generated?
This depends on how the manifest is created. If the manifest is paper and created on a 5-copy paper manifest then the receiving facility provides the manifest tracking number from the paper form. If the manifest is created as a fully electronic or hybrid manifest, EPA creates the manifest tracking number in e-Manifest and returns it to the receiving facility.
- 14. How will e-Manifest handle multiple handling codes for a single manifest line item, e.g., for lab packs?
A company may include as many waste codes as they need on each waste line.
- 15. Will there be “flexfields” for tracking additional information that isn’t required by EPA?
Yes, in the e-Manifest system we refer to this as “reference information” and we have made “reference information” options available both at the manifest level and the individual waste line level.
- 16. How will e-Manifest handle password resets?
Password resets may be requested via the e-Manifest application. Users may do so via their user profile (by selecting their name in the top right corner of the screen) or by selecting the “forgot password” link. Passwords expire every 90 days and can be reset using the “forgot password” link.
- 18. If drivers do not carry mobile devices, how will they sign electronically?
If the driver otherwise has access to a computer or smart phone, they can sign electronically in EPA’s e-Manifest system. If not, they would not be able to sign electronically and, instead, must sign on paper.
- 19. Can you sign paper manifests once the manifest has gone electronic? For example, if a generator or transporter has signed electronically, can the receiving facility sign on paper?
No. Once a generator or initial transporter (under the hybrid manifest approach) signs electronically, all subsequent entities must sign electronically.
- 20. Can states extract metadata from e-Manifest?
Yes, states can extract metadata from e-Manifest via RCRAInfo, the RCRA Node, and the e-Manifest services. Metadata that a state can extract from e-Manifest include; created date, last updated date, whether the site has notified with the state, whether their site information was modified from what is recorded in RCRAInfo, electronic signature information, and the printed document information, including file size.
- 21. Does e-Manifest allow use of decimals in the quantity field?
Not at this time. This is because the current paper manifest system does not allow for decimals. However, this is a potential change EPA could consider in the future.
- 22. Will those who use API services have to sign into the system to sign manifests?
Yes, for those companies that do not utilize their own CROMERR-compliant signature devices
- 24. Can a receiving facility sign for a transporter?
No. The "on behalf of" signature authorities only apply in limited instances to generator signature requirements. The manifest regulations require the transporter company's representative to sign the manifest to acknowledge receipt of the materials from the generator and to indicate the beginning of the transport of the waste. This is a different acknowledgment than the receiving facility's certification of receipt of the waste.
- 25. I have a state-issued ID, but when I conduct a search for the ID in the e-Manifest system, it says there are no results to display. How do I have my state-issued ID Number added to e-Manifest?
State-issued IDs that are not also EPA IDs are not currently in the federal system, which is why you are unable to find it when searched. Please visit State Contacts and contact the appropriate state person and they will assist.
- 26. I requested a new Site EPA ID and was approved. How do I begin participating in e-Manifest?
If your site’s EPA ID was approved via myRCRAid
You will need to submit a request to have your permissions changed. First, log in to the RCRAInfo Industry Application, click on your name in the upper right of the screen, then select “Profile,” select the “My Site Permissions” tab, and pick the site for which you need to change permissions. Click on the “Modify Permissions” button and select the desired permission level for each of the modules you need (i.e., myRCRAid, Biennial Report, or e-Manifest). If you will be managing permissions of other users, you must set the “Site Manager” drop down, located at the top of the box, to “active.” (When doing this, the other available modules will disappear.) Once you select your permission levels, click the “Send Requests” button. If you are the first Site Manager for the facility then your request will go to the appropriate state or EPA contact. If you are not the first Site Manager, then your request will go to any currently registered Site Managers for approval.
If your site’s EPA ID was approved outside of myRCRAid
If you do not yet have a RCRAInfo Industry account, go to the RCRAInfo Sign in page to begin the user registration process. Once approved, search for the site and request access. Following approval from either the Site Manager, state, or EPA, you can begin using the e-Manifest system. More information is available at e-Manifest User Registration.
- 27. I tried to sign an Electronic Signature Agreement (ESA), but it said I failed and had to send a paper copy. That window then closed, so how do I get back in to print a paper copy?
Log into your RCRAInfo Industry account. You will have an orange banner across the top of the screen with a link that will take you to your paper ESA, which you can then print. Alternately, you can click on your name in the upper right corner and select “Profile.” Once inside your profile, select the “My e-Signature Agreements” section and there will be an option to re-download the ESA so you can print, sign, and then mail it in or provide it to your Site Manager.
- 28. I have over 100 manifests to upload. Do I have to sign each one separately?
Whether using the web application or submitting via services, you will need to upload each manifest individually. However, you can choose to save the manifest, thereby placing the manifest in a queue. When you return to your “Manifest Dashboard,” you will see the “Sign Manifests” option. Here you can select multiple manifests to sign with a single signature process. The system will allow bulk signature of 50 manifests.
- 1. Does each person need to register for e-Manifest? Or can there be one company account shared by multiple users?
Yes, each person needs their own account to create and sign manifests.
- 2. What is the current user registration process for e-Manifest?
You must register to become a user of the e-Manifest module in EPA’s RCRAInfo system. Please refer to Step 3: Register for e-Manifest in RCRAInfo under "How to Register for e-Manifest" for further information.
- 3. Does EPA charge a fee for registering?
No, EPA does not charge a fee for registering with e-Manifest.
- 4. I participated in user testing for the e-Manifest module. Do I need to re-register for e-Manifest now that it has gone live?
Yes. User testing participants registered in the RCRAInfo pre-production database. The e-Manifest module has been launched in the RCRAInfo production database. Because these are two separate databases, you must register for each separately. Therefore, you must re-register in the RCRAInfo (production) system for access to the e-Manifest module. Please refer to Step 3: Register for e-Manifest in RCRAInfo under “How to Register for e-Manifest” for further information.
- 5. I already registered for myRCRAid/Biennial Report, do I need to register for e-Manifest?
If you registered as a Site Manager, you do not need to reregister or adjust your account for e-Manifest. If you registered as a viewer, preparer, or certifier you will not need to re-register, but you will need to request and be granted access by your Site Manager to your specific sites. You may do so via your user profile (by selecting your name in the top right corner of the screen).
The user registration process is the same for all modules in RCRAInfo. The registration process for BR, e-Manifest, and myRCRAid are based on the account registration process used for EPA's Central Data Exchange (CDX). The user accounts may be used within CDX and existing CDX accounts may be used within RCRAInfo. To use an existing CDX account, enter your CDX credentials in the RCRAInfo Sign In screen.
- 6. What are the permission levels for e-Manifest?
There are three permission levels in the e-Manifest module: Viewer, Preparer, and Certifier. These permissions are hierarchical so each permission can perform the functionality of the levels before it as well as the specific functionality for that given permission (i.e., a Preparer can do everything that a Viewer can do, and a Certifier can do everything that a Preparer and Viewer can do). Additionally, the RCRAInfo system offers a Site Manager Permission level which applies to all modules currently available in the system, including the e-Manifest module.
Functionality for e-Manifest Viewer Preparer Certifier Site Manager View manifests X X X X Create manifests or edit Draft manifests N/A X X X
Sign manifests or correct manifest data electronically, and submit manifests
N/A N/A X X Approve users and grant permissions (i.e. Viewer, Preparer, Certifier, and Site Manager) to other company contacts at a site. View billing invoices for a site as well as submit payments. N/A N/A N/A X
- 7. What is a Viewer?
As a Viewer, you can view manifest forms (i.e., the manifest, EPA Form 8700-22 and continuation sheet, 8700-22A) and data for specified sites within the e-Manifest module, but cannot create manifest forms, edit the information, or sign manifest forms.
- 8. What is a Preparer?
As a Preparer, you can perform the same functionality of a Viewer and also enter or edit data for specified sites within the e-Manifest module. You cannot sign and submit manifest information to EPA.
- 9. What is a Certifier?
As a Certifier, you can perform the same functionalities of a Viewer and Preparer, and can also electronically sign and submit manifest information to EPA for specified sites within the e-Manifest module. As a Certifier, you are required to obtain an Electronic Signature Agreement.
- 10. What is a Site Manager?
As a Site Manager, you can perform the same functionalities as a Viewer, Preparer, and Certifier for e-Manifest as well as the other modules in the RCRAInfo Industry Application (i.e., myRCRAid and BR). In addition, you can approve and grant permissions to other contacts in your organization to sites for which you have Site Manager permission. As a Site Manager, you are also required to obtain an Electronic Signature Agreement and have the option of managing Electronic Signature Agreements for others in your organization. You may also be responsible for managing your company’s Application Programming Interface key, as applicable. If a receiving company, you have access to view and pay user fees through EPA’s RCRAInfo system.
- 11. How is the Site Manager Permission different than the lower permissions?
RCRAInfo currently has three “industry applications” available to allow for electronic submission of three RCRA forms (i.e., Site Identification Form (EPA Form 8700-12), Biennial Report (EPA Form 8700-13), and the Manifest Form and Manifest Continuation Sheet (EPA Form 8700-22 and EPA Form 8700-22A). Unlike the lower permission levels, Site Manager applies to all three modules. In other words, a user granted Site Manager permission for a site would automatically have Certifier and lower level permissions for all three modules. However, a user who requested Certifier permission for e-Manifest would receive this permission only for the e-Manifest module (and not for myRCRAid or BR). This user would need to submit individual requests for similar permissions in the myRCRAid and BR modules. In addition, Site Management permission gives you the ability to approve and grant permissions to other users for your site.
- 12. Who qualifies for a Site Manager?
EPA has not set formal criteria for the Site Manager designation so organizations have flexibility in their decisions. However, some suggestions for Site Manager include:
- At least one Site Manager who is responsible for managing personnel.
- At least one Site Manager who is responsible for a company’s information technology systems (e.g., someone who can help manage the company’s Application Programming Interface (API) key and electronic signature agreements).
- At least one Site Manager who has the ability to pay invoices on behalf of the company (e.g., someone who can pay user fees).
- 13. What if EPA receives a request for a lower level permission and there is no Site Manager assigned/approved yet?
EPA strongly encourages sites to assign a Site Manager and will prioritize Site Manager permissions. In the absence of a Site Manager, EPA will approve user requests for lower permission levels until a Site Manager has been assigned. Following that approval, the Site Manager will then approve users within their organization.
- 14. Am I required to complete an Electronic Signature Agreement (ESA)?
If you register as a Certifier or Site Manager and have not previously completed an electronic signature agreement, you will be required to complete an ESA as part of the registration process. Following EPA approval of your RCRAInfo account, you will be presented with an electronic signature agreement the first time you log in. At that time, you must complete the ESA. ESAs can be conducted electronically or via a handwritten signature.
- 15. Will a Site Manager need an ESA for each site/EPA ID?
No. A user only needs to complete an ESA once. A Site Manager will not be required to complete additional ESAs for subsequent site additions.
- 16. I couldn’t successfully complete or get approval for the online ESA, what do I need to do?
If you do not gain approval for your ESA online, you must prepare and submit a subscriber agreement (a paper electronic signature agreement signed by an individual with a handwritten signature) and provide it to your Site Manager. If your site does not have a Site Manager (or you are the initial Site Manager for your site), then you will have to provide the paper ESA to EPA or your state. (The address for where to mail your ESA will appear on the bottom of the paper ESA.)
- 17. I couldn’t find or add my site in the e-Manifest module, what do I need to do?
To add a site, you must click the "Add Existing ID" button in the e-Manifest module to add an existing site location. If the site does not exist in the system, you must click the "Request Site ID" button to obtain a Site ID using the Site Identification Form (EPA Form 8700-12) and follow the instructions regarding the site addition process.
- 18. I’m a state user of RCRAInfo, will I need to re-register for access to e-Manifest?
No, you will be able to access manifests and reports via the e-Manifest module in RCRAInfo. For state users that correct manifests, you will need to request the e-Manifest Maintenance role be added to your account.
- 19. What states have opted in to myRCRAid or Biennial Report (and thus are states where users may begin registering as a Site Manager)?
The following states and territories have, as of May 22, 2018, opted in to one of the available RCRAInfo industry applications, i.e., myRCRAid and Biennial Report. Entities within the below states and territories may begin registering Site Managers for their site. (EPA will update this list periodically.)
If your state or territory does not appear on the below list, you are unable to register as a Site Manager at this time. EPA anticipates being ready to accept registrations for e-Manifest, which will be available for all states and territories, in Spring 2018.
Alaska (BR, myRCRAid)
American Samoa (BR, myRCRAid)
Colorado (BR, myRCRAid)
Connecticut (BR, myRCRAid)
Hawaii (BR, myRCRAid)
Maine (BR, myRCRAid)
Montana (BR, myRCRAid)Navajo Nation (BR, myRCRAid)
Nebraska (myRCRAid)Nevada (myRCRAid)New Mexico (BR, myRCRAid)
New York (myRCRAid)
North Carolina (BR, myRCRAid)
North Dakota (myRCRAid)
Northern Marianas (BR, myRCRAid)
Oklahoma (BR, myRCRAid)
Puerto Rico (myRCRAid)
Rhode Island (BR, myRCRAid)
South Dakota (BR, myRCRAid)
Trust Territories (BR, myRCRAid)
Utah (BR, myRCRAid)
Vermont (BR, myRCRAid)
Virgin Islands (BR, myRCRAid)
West Virginia (BR, myRCRAid)
- 20. Why do state users of e-Manifest also need an account in RCRAInfo Version 5 production?
State users will need version 5 of the RCRAInfo production system to take advantage of the reporting features of the Basic RCRAInfo Reporting Tool (BARRT) for e-Manifest. EPA has built an e-Manifest interface in BARRT so state inspectors can perform manifest reviews prior to conducting an on-site inspection by using the pre-built SQL queries in BARRT or create their own query to pull manifest data from the e-Manifest module.
- 22. How will my company’s information be added to e-Manifest?
A site’s information is added to e-Manifest via EPA’s Site Identification form (EPA Form 8700-12). (Sites that have already submitted an EPA Site Identification Form and have an EPA ID as a result, are already part of EPA’s RCRAInfo system and will be retrievable through e-Manifest.)
If your site has not yet submitted a Site Identification Form/does not have an EPA ID, you can submit a Site Identification form to obtain an EPA ID and add your site to EPA’s RCRAInfo and e-Manifest systems. Additionally, if a generator does not have an EPA ID, generator information can always be manually added to the manifest (by a transporter or receiving facility, for example) which can then be copied for subsequent manifests.
The system does allow transporters and receiving facilities to manually enter generator information in the system, such as under the hybrid manifest, where the generator is not registered in e-Manifest. However, manual entry of generator information is not retained as a retrievable “record” in the system, unless added through the Site Identification Form.
- 23. Do receiving facilities that mail in paper copy manifests to EPA have to register for e-Manifest?
Yes. All receiving facilities must register for e-Manifest, even if they choose to mail their paper manifests to EPA. Since EPA will create images of paper manifests and key in the data, these receiving facilities must register to view the copies of record that the system will retain in the facilities' accounts, as well as to submit subsequent data corrections related to these manifests. EPA also notes that it will not accept paper manifests submitted through the mail after three years and thus these facilities should plan to transition to submitting paper manifests via scanned images or data uploads (or, better yet, transition to electronic manifests).
- 24. If I create an e-Manifest account, can multiple persons use it to sign electronic manifests?
No. Each person involved in preparing, certifying, or viewing manifests on behalf of a regulated waste handler must have an individual account specific to their user permission (preparing, viewing, certifying) to conduct manifest activities for the regulated entity. In addition, each certifier that electronically signs manifests must have unique electronic signature credentials. The Site Manager for each facility can assist a facility’s users in setting up their individual accounts and granting them the necessary permissions to participate in e-Manifest.
- 1. Who should I contact if I have questions about my invoice?
If you have any issues with your invoice, contact email@example.com to reach EPA financial staff that can address your issues. In your email, please provide your name and the facility where you work, the EPA ID number of your facility, your contact information, the invoice date in question, the manifest tracking number(s), and the nature of the invoice issue. EPA staff intend to resolve your concerns within ten business days of receipt.
- 2. What happens if I pay my invoice late?
You are required to pay your invoice in the calendar month that it was received or you will begin to accrue late fees. These fees include a monthly handling charge and a penalty on the principal of the bill for each month your bill remains unpaid. If your bill is unpaid 120 days after receiving it, it will be forwarded to the U.S. Treasury Department for collections and further action. Additionally, non-payment of your bill could subject your facility to enforcement action.
- 3. Who has the ability to view and pay invoices?
Site Managers will receive a copy of their invoice electronically on the first day of the month after their manifests were submitted to EPA. This invoice will summarize the manifest activity for the facility in the prior month and also identify all manifests that were sent to EPA.
Site Managers looking to pay their invoice can do so in e-Manifest by clicking on the “Pay Bill” button. This will pull up a popup window that will allow you to make payments to Pay.Gov directly; previous guidance stated you would need to register for an additional account with pay.gov, but this is no longer the case. The electronic payment methods that are accepted in this system include a commercial credit card, a commercial debit card, and Automated Clearinghouse (ACH) debit. Checks or any other forms of payment sent directly to the EPA will not be accepted.
- 4. Do I need an account on Pay.Gov to pay my invoice?
No, we have simplified the invoice payment process to allow you to make your payments to Pay.Gov directly through e-Manifest. Thus, a separate account with Pay.Gov is not required. The invoicing and electronic payment process provided through e-Manifest is the exclusive means supported for e-Manifest fee billing and payments.
- 5. Who is responsible for paying an invoice if your company ownership has changed?
If you are a receiving facility whose ownership has changed, but still have an active invoice that needs to be paid, you must work with the new ownership to identify who must pay the invoice. EPA requests that the new ownership identify who must pay this invoice to prevent the accrual of late charges. Regardless of any ownership changes, outstanding manifest invoices must be paid.
If the invoice is to be paid by an active Site Manager registered in e-Manifest, please send an email to firstname.lastname@example.org and indicate which facility is responsible for paying this invoice.
If the invoice is to be paid by someone without an active Site Manager account in e-Manifest, please have this person(s) register with RCRAInfo.
- 6. How do I dispute a charge on my invoice?
If you believe there is an error with your invoice, you can request a review by EPA financial staff by emailing email@example.com. EPA staff will research your claim and expect to inform you of their decision via email within ten business days of receipt.
If you are unsatisfied with this initial decision, you have ten business days of receiving that decision to appeal. The appeal will go to the Director of EPA’s Office of Resource Conservation and Recovery for a final decision. You can initiate an appeal by contacting firstname.lastname@example.org.
EPA will inform you of this appeal decision via email within ten business days of receipt.
For more information on what you should include in these disputes, please see EPA’s Fact Sheets for e-Manifest stakeholders website.
- 7. Do I need to pay if I am disputing an invoice?
While in dispute, you are not required to pay your invoice; however, late fees will continue to accrue.
If EPA staff resolve the dispute in your favor, late charges will be waived. Otherwise, you will be required to pay any applicable late fees. You can avoid late fees by paying the disputed invoice up front; EPA will reimburse the invoice if the dispute is resolved in your favor.
Refunds from invoice adjustments are made via the same method of payment used to pay the invoice. If you have not paid your invoice and are due an adjustment, you will receive an updated invoice.
EPA cannot issue a credit for use on any future invoices.
- 8. If I work for a federal agency that receives federal or state regulated waste accompanied by a required RCRA manifest, how do I pay my invoice?
If you work for a federal non-military facility, the Site Managers registered with your facility will receive an invoice in e-Manifest. To make a payment, you can initiate a transfer between agencies, which can be done through the Intra-Governmental Payment and Collection (IPAC) system. To complete the transfer, you will need to obtain the EPA’s Agency Location Code (ALC).
If you work for a federal military facility, the Site Managers registered with your facility will also receive an invoice in e-Manifest. However, to make a payment, you can submit an SF-1034 to your local finance office, which will forward to the Defense Finance and Accounting Services (DFAS). Funds will be disbursed to the EPA by DFAS through the IPAC system. To complete this transfer, you will need to obtain the EPA’s Data Universal Numbering System (DUNS) and the Commercial and Governmental Entity (CAGE) number. as well as the ALC.
To obtain these specific codes, please contact email@example.com.
- 9. What is a W-9 form, and do I need one to make a payment?
A W-9 form is a tax form developed by the IRS that allows users to certify they are making payments to authorized companies/organizations. This form includes the EPA’s Tax Identification (ID) number, which certifies that the EPA is a registered organization. Although the EPA does not require a W-9 form to make a payment, some companies require this tax ID number in order authorize payments to the EPA. Your accounting staff should be able to determine if you need this information.
To request a completed W-9 form, please contact firstname.lastname@example.org.