Manifest Update. ASTSWMO State HW Conference July 11, Richard LaShier EPA Office of Solid Waste

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1 Manifest Update ASTSWMO State HW Conference July 11, 2006 Richard LaShier EPA Office of Solid Waste

2 Manifest Form Revisions Final Rule Hi-lites Published in March 4, 2005 Federal Register Cite is 70 FR Form published June 16, 2005 (70 FR 35034) Fully Standardized manifest form New manifest acquisition process Registry Precise printing specifications for form New fields for tracking rejected wastes/residues 18-month phase-in period Delayed compliance date: September 5,

3 Fully Standardized Form What it Means Form will have same look and fields everywhere One precise format for all All data fields designated mandatory A 6-copy form will be the standard Mandatory RCRA waste codes and process codes Forms will have 12-character pre-printed tracking #s Several new additions to form fields: Emergency Response Phone, Generator Site Address, International Field, and Expanded discrepancy space 3

4 Changes to the Form Emergency Response Number Manifest Tracking Number Generator Site Address Offeror Certification International Shipments More Discrepancy Types HW Report Management Method Codes 4

5 Rejected Waste Tracking Discrepancy space expanded to enable more complete and consistent tracking of rejected wastes and residues Check boxes to identify full vs. partial load rejections, residues Space provided to identify and describe material rejected Space provided to reference tracking # of any subsequent shipment General Rule: Second manifest needed to re-ship wastes Rejecting facility completes new manifest in capacity of offeror Original generator remains generator of re-shipped waste Exception for full loads that are rejected when tendered TSDF may complete Alternate Facility space and ship on 1 st form New authority: Rejecting TSDFs may stage waste pending arrangements, and generators may take back waste 5

6 Frequently Asked Questions Can receiving states continue to require out-of-state generators to submit copies of the manifest? Can states require use of the new form for state-only wastes? What is the difference between a quantity discrepancy and residue? What is the difference between a partial rejection and residue? Are states required to follow the 90 to 180 day clock reset rule if a generator receives back a rejected shipment? Can more than 6 waste codes be entered to describe a waste? Can an offeror initiate a manifest by signing the certification? 6

7 New Manifest Registry Printers to register w/ EPA to print/distribute form Waste handlers, states, commercial form printers eligible Only forms from registered sources authorized for use EPA to maintain Registry to oversee the process: Issue and maintain printing specs. Define and maintain application review process Maintain list of approved printers Publish information for manifest users and printers 7

8 Purpose of Registration Through registration and approval, printers will demonstrate that: Forms comply with printing specifications, Forms include the standard instructions, All copies labeled and line up properly, They have controls in place to ensure forms pre-printed with unique 12-character tracking #s, Forms pass legibility and durability tests. 8

9 Registration Process Registration is 2-Step process: STEP 1: Initial application submitted -- Basic organization information Description of proposed printing operation and scope STEP 2: Three form samples meeting all printing specs submitted for review EPA will perform tests on samples to determine if legibility/durability standards met Decision by letter within 45 days Once approved, registrants must print forms in accordance with samples EPA approved 9

10 Registry Guidance Two primary sources of guidance: Document: Instructions for Preparing Application Materials for Submittal to EPA s Manifest Registry Suggestions for preparing application and form samples Discussion of Registry tests for compliance with standards Checklists for applicant and format for reporting test results Registry Web Page: Assists organizations in applying to Registry Provides waste handlers with information for completing forms Assists public in obtaining manifests from registered sources Links to state-specific codes and requirements 10

11 Registry Status EPA has received 26 applications from printers 5 printers approved: JJ Keller, Flesh Co., Welsh and Assoc., Genoa Bus. Forms, Giant Resource Recovery 4 have withdrawn 17 still pending Several large commercial printers now available We anticipate adequate supply for 9/05/06 transition Contact Wanda LeBleu if questions or interest: Phone: lebleu.wanda@epa.gov 11

12 E-Manifest Background Electronic manifest (e-manifest) is 2 nd phase of manifest reforms begun in 1990 s 1 st phase: Standardized manifest form E-Manifest offers substantial econ. and non-econ. benefits E-Manifest proposals included as part of May, 2001 Manifest Revisions proposed rule notice 2001 proposal: standards-based, decentralized approach Comments criticized proposal by challenging consistency and cost-effectiveness of decentralized approach EPA analyzed alternatives and conducted public meeting 12

13 Key Messages from 2004 Stakeholder Meeting General consensus for single, consistent national system Preference that initial system design be simple and focused on core tracking functions of manifest Interest in both EPA-hosted and privately hosted IT alternatives Users willing to help fund system with service fees OSWER decided in November, 2004 to pursue national system if it could be self-sustaining 13

14 Status of Electronic Manifest Legislative efforts: Technical assistance to Congress on e-manifest Bill Bill to be introduced soon in Senate by Senator Thune Purpose of legislation: Authorize EPA to collect and retain service fees to fund build and operation of national e-manifest Authorize performance based contract funded by collected fees Regulatory efforts: Work group now meeting to develop final rule in 2007 Simple rule to validate e-manifests obtained thru national system Notice of Data Availability published 4/18/06 Technical details to be left to procurement 14

15 April 18 NODA Explains discussions that transpired at May 2004 Stakeholder Meeting Message: Preferred regulatory option now is national IT system funded by fees Discusses benefits and rationale for national system, and conceptual design of system (e.g., CDX, XML, web-based) Discusses projected system costs, as well as funding options and legislative contingencies Comments were due by June 19 15

16 Essential Activities to Develop e-manifest Funding Approach - -- Funding must be selfsustaining Outreach -- - User and state needs and requirements - user fee legislation or new appropriations - Governance of system change process - Business Case submissions to OMB Funding Outreach - Accountability for fees, expenses, and system performance Rulemaking - FR notice explaining national system is favored option - Final Rule authorizing use of e- Manifests (Calendar Year 2007) (also address CBI, e-signature, and uniform implementation in States) Rulemaking System Build System Build -Traditional or user feefunded contract? - Design and operation requirements - Coordination with OEI on CDX integration - Compliance with Federal IT policies 16