What’s in the e-Manifest Third Rule?

On July 26, 2024, U.S. EPA published the final Third Rule for e-Manifest. It goes into effect on January 22, 2025, though portions will not be in effect until December 1, 2025. The U.S. EPA has provided a high-level synopsis, but since the rule is fairly long we have prepared a more detailed summary to help provide a more focused understanding of the upcoming changes. This article focuses on impacts to hazardous and polychlorinated biphenyls (PCB) waste generators rather than other waste handlers, though some information relevant to receiving facilities, transporters, and brokers is briefly touched on.

e-Manifest Registration

By January 22, 2025, all large quantity generators (LQGs) and small quantity (SQGs) generators will be required (per revised 40 CFR 262.20(a)) to have an account in the e-Manifest module in the RCRAInfo Industry Application so that they can view completed manifests, make post-receipt corrections if required, and submit required electronic reports.

• Receiving facilities are no longer required to mail paper copies of completed manifests to LQGs and SQGs since they can be viewed via e-Manifest.
• U.S. EPA does not require Very Small Quantity Generators (VSQGs) or PCB generators to register for the e-Manifest module though they can voluntarily do so. However, the State may require them to register. If they are not registered, they will continue to receive paper copies of completed manifests.
• LQGs and SQGs must still verify receipt of their shipments by the designated receiving facilities per the exception reporting requirements under revised 40 CFR 262.42.
• Registered generators may continue to track their hazardous waste shipments using paper manifest forms.

International Shipments of Hazardous Waste

The U.S. EPA is making changes to international shipment requirements.

• Exporters must submit export manifests to e-Manifest (and pay the requisite fees). As with domestic shipments, the manifests can be in paper, electronic, or hybrid form. An e-Manifest user must have at least Certifier level permissions to submit export manifests. Fee payments must be made through e-Manifest by a user with a Site Manager permission level. (In effect Dec 1, 2025)
• The last transporter (who transports the export shipment out of the U.S. via rail or road or who delivers it to an international carrier at a seaport) must send a signed copy of the manifest to the exporter (which may not be the same entity as the generator). The exporter has 30 days from receipt to submit a copy of the signed manifest and enter related data into e-Manifest (In effect Dec 1, 2025).
• Movement documents will be required to list the Resource Conservation and Recovery Act (RCRA) manifest tracking number (if applicable).
• Once the functionality is available, exporters and U.S. facilities receiving imported hazardous/PCB waste must submit a copy of the signed movement document to Waste Import Export Tracking System (WIETS) within 3 days of receipt.

Manifest Modifications

The hazardous waste manifest form and continuation sheet will be modified to better capture information relevant to import and export shipments. Additionally, the “Designated Facility” copy (page 3) of the current manifest will be removed since the “Designated facility or U.S. exporter to the U.S. EPA’s e-Manifest system” (page 1) can be retained by the receiving facility, if needed.

The new manifest form will be available for use Jan 22, 2025, but handlers are allowed to continue to use the obsolete manifest until Dec 1, 2025. If importers/exporters use the obsolete manifest during that period, additional information must be included in Section 14: the consent numbers for their wastes and, when necessary, the U.S. EPA ID number of the exporter.

e-Manifest Reporting

Exception Reports are required when the generator does not receive timely confirmation of receipt of their waste by the designated receiving facility.

• Timeframes required in exception reporting have been simplified. LQG and PCB generators must initiate contact with other parties on a manifest to determine the status of the waste shipment within 45 days. All generators must submit an Exception Report after 60 days (In effect Jan 22, 2025).
• LQGs and SQGs will be required to submit these reports via e-Manifest for domestic shipments. Generator e-Manifest users must have at least Certifier level permissions to submit the report (In effect Dec 1, 2025).
  • For shipments accompanied by paper manifests, LQGs and SQGs will need to upload an image file of their initial copy and enter select information from the manifest to prepare the Exception Report.
  • U.S. EPA intends to eventually add export Exception Reports to the WIETS module in the RCRAInfo Industry Application.

After attempting to reconcile shipment irregularities with the generator, receiving facilities are required to file Discrepancy Reports with the appropriate U.S. EPA or State agency. Starting Jan 22, 2025, receiving facilities will have 20 calendar days instead of 15 to reconcile the manifest before submitting the report (unless stated otherwise in the receiving facility’s permit). Starting Dec 1, 2025, receiving facilities will be required to submit these reports via e-Manifest.

Receiving facilities are required to submit Unmanifested Waste Reports to the U.S. EPA if they receive a hazardous waste shipment without the required manifest or shipping papers. Starting Dec 1, 2025, receiving facilities will be required to submit these reports via e-Manifest. No user fee will be required.

Post-Receipt Manifest Corrections

To improve the data quality of the e-Manifest system, waste handlers are now required to correct post-receipt manifest data errors in e-Manifest within 30 days from receipt of a corrections request from regulators. Different handlers are ultimately responsible for correcting different portions of the manifest; these are shown in a filterable table available from the U.S. EPA. However, any of the handlers on the manifest can make voluntary corrections to editable fields in e-Manifest at any time. Additionally, exporters are required to correct all export manifest data in e-Manifest.

In situations where a transporter or designated facility prepared or signed the manifest on behalf of the generator, regulators will still require the generator to correct the portions of the manifest they are responsible for. Therefore, in these situations, the U.S. EPA “strongly recommends that LQGs and SQGs arrange through contracts or other legal arrangements to have the transporter or designated facility make and submit post-receipt manifest data correction submissions to the U.S. EPA or a State on their behalf.” Note that waste brokers cannot submit data corrections in e-Manifest on behalf of generators unless they are operating at the generator site and can sign the manifest as an offeror.

VSQGs who elect not to register for e-Manifest should arrange with other waste handlers on the manifest to make corrections to manifest data on their behalf. However, if the State requires VSQGs to register for e-Manifest then a VSQG would be required to correct manifest data errors in e-Manifest when requested by the State.

TSCA PCB Updates

The Toxic Substances Control Act (TSCA) PCB manifest regulations at 40 CFR 761 have been amended to better align with the RCRA manifest regulations and the e-Manifest program. PCB regulations have been updated to reflect the fact that the e-Manifest Act and current manifest regulations apply to manifests for PCB waste and that the use of paper manifests is not required.

Discrepancy Reports and Unmanifested Waste Reports for PCB wastes must be submitted by receiving facilities through e-Manifest. PCB generators with RCRA-issued U.S. EPA ID numbers may elect to register with e-Manifest so that they can prepare and submit Exception Reports in the system, or they may continue to mail Exception Reports to the U.S. EPA. The report timelines and deadline extensions for hazardous wastes discussed above also apply to PCB wastes.

Post-receipt manifest data correction requirements for PCB waste are similar to those for hazardous waste described above. However, PCB generators who are not registered with e-Manifest must arrange with other waste handlers named on the manifest (e.g., through contracts or other legal arrangements) to electronically submit corrections on their behalf.

Next Steps

The January 22 deadline is fast approaching. Keep these items in mind:

• IMPORTANT: All RCRA large and small quantity generators (LQGs and SQGs) must register for the e-Manifest module by Jan 22, 2025. Note that your state may use different definitions for those terms so be sure to register if you meet the federal definitions at 40 CFR 260.10.
• Update your manifest tracking process to incorporate the new timelines for Exception Reports and Discrepancy Reports by Jan 22.
• If necessary, generators should make legal arrangements to have other waste handlers submit post-receipt manifest data corrections in e-Manifest on their behalf.
• Transition to the new hazardous waste manifest forms between Jan 22 and Dec 1. Ensure the necessary export information is added to the manifest if using the previous version during that time.

ALL4’s waste practitioners have extensive expertise across a wide range of state and federal programs. If you would like support with your hazardous waste management or reporting, please reach out to your project manager or contact info@all4inc.com. For questions regarding this article, feel free to contact Tegan Conner at tconner@all4inc.com.