September 13, 2024

Latest e-Manifest Rule Improves Functionality, Incorporates Reports

On July 26, 2024, EPA issued its third e-manifest rule integrating the system with hazardous waste exports, exception reports, discrepancy reports, unmanifested waste reports, and PCB manifesting requirements. [89 FR 60692] The rule becomes effective on January 22, 2025; however, certain provisions do not take effect until December 1, 2025. Among the various technical corrections, significant elements of the rule include:

LQGs and SQGs must set up an e-manifest account via RCRAInfo [§262.20(a)(1)];
Paper manifests will transition from a 5-page version to a 4-page version, where the old “designated facility copy” has been removed [§262.21(f)(6)];
Post-receipt manifest data corrections via the e-manifest system may be made at any time by any person named on the manifest. If EPA or the state requests corrections, the data correction must be addressed within 30 days from the date of the request [§§262.20(a)(2), 263.20(a)(9), and 264/265.71(l)];
Exception reporting time frames for LQGs have been lengthened from 35/45 days to 45/60 days [§262.42(a)(1–2)];
The discrepancy reporting time frame for designated facilities has been lengthened from 15 days to 20 days [§§264/265.72(c)]and
Designated facilities are not required to mail a copy of the signed manifest to the generator confirming receipt of the shipment, as the requirement to do so at old §§264/265.71(a)(2)(iv) was removed.

While the above provisions take effect January 22, 2025, the following provisions will not take effect until December 1, 2025:

Discrepancy reports must be submitted via the e-manifest system [§§264/265.72(c)(2)];
Unmanifested waste reports must be submitted via the e-manifest system [§§264/265.76(b)]; and
LQG and SQG exception reports must be submitted via the e-manifest system [§§262.42(a)(3) and (b)(2)]. VSQGs managing hazardous waste from an episodic event may continue to submit exception reports directly to EPA or the state in lieu of submittal via the e-manifest system [§262.42(b)(2)].

All provisions were promulgated under the authority of 1984’s Hazardous and Solid Waste Amendments or 2012’s e-Manifest Act. As such, states must adopt the provisions to maintain equivalency with the federal program. EPA will enforce the provisions associated with report submittal and timing until state adoption and authorization. Provisions related to imports/exports, manifest fees, and paper manifest printing specifications are non-authorizable, and EPA remains the sole authority overseeing those standards. [89 FR 60721-60723]

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.