EPA’s e-Manifest “Third Rule”

EPA’s e-Manifest “Third Rule”:

Changes to the RCRA Regulatory Management of Hazardous Waste Manifests

July 29, 2024

By: Blair Axley

On June 28th, 2024, the Environmental Protection Agency (EPA) signed the “Third Rule” related to e-Manifest reporting. This rule is the next step in a series of rules promulgated to transition from paper to electronic reporting of hazardous waste manifests. The EPA’s overall goal is to reduce the reporting burden on industries and improve compliance monitoring and information availability. This third phase of Resource Conservation and Recovery Act (RCRA) regulatory revisions began with the establishment of policy framework for the use of electronic manifests in 2014 (“One Year Rule”) and the methodology for establishing user fees for the e-Manifest system in 2017 (“User Fee Rule”). The “Third Rule” will introduce changes to RCRA regulatory management of hazardous waste manifests for exports and will incorporate export manifests and other manifest-related reports into the e-Manifest system.

The EPA’s published rule, which will take effect December 1, 2025, include some of the following changes:

  • Large and small quantity generators of hazardous waste will be required to create online accounts in the RCRAInfo Portal and pay associated fees for mandatory e-Manifest reporting of hazardous waste exports. The e-Manifest system will become the system through which generators will access final signed copies of their waste manifests.
  • Transboundary shipment manifests will be changed to more closely link the manifest data with the movement document data for manifest tracking purposes, as well as to assist with integration of EPA’s Waste Import Export Tracking System into RCRAInfo.
  • International shipping data reporting requirements will be expanded to include additional fields for the exporters’ EPA ID number and hazardous waste stream consent numbers.
  • The current requirement for importers to provide an additional copy of the manifest to the transporter to then be submitted by the receiving facility to EPA will be deleted. The receiving facility is now required to always submit the top copy of the paper manifest and any continuation sheets to the e-Manifest system, making the transporter submittal redundant.
  • Other manifest-related reports would be incorporated into the e-Manifest system. These include Exception (manifests from receiver are late), Discrepancy (quantity or type of material does not match received manifest), and Unmanifested Waste (waste arrives at facility with no manifest) Reports. These changes would also be applicable to PCB waste reporting when being reported through other manifest-related reports.
  • Timelines for Exceptions Reporting and Discrepancy Reporting would be modified. For Exceptions Reporting for LQGs, the 35/45-day timeframes will be adjusted to 40/50-day timeframes. Facilities will now be allowed 40 days to verify receipt of shipment and must file an exceptions report within 50 days if the manifest is not sent by the 40th For Discrepancy Reports, the 15-day reporting timeframe will be changed to allow receiving facilities up to 20 days to reconcile a shipment with the transporter or generator if a discrepancy is found.
  • Several changes to Toxic Substances Control Act (TSCA) Polychlorinated Biphenyl (PCB) regulations are also proposed, with the goal of clarifying the ability to use the e-Manifest system to meet waste tracking and record keeping requirements. The EPA is proposing to add the Hazardous Waste Electronic Manifest Establishment Act to the Authority section for 40 CFR part 761, as well as to add definitions and an overview of e-Manifest reporting to PCB regulations.

The new rule impacts at least 750 industries and over 100,000 businesses that transport, import and export hazardous waste. Those businesses impacted include Large Quantity Generators (LQGs), Treatment, Storage and Disposal Facilities (TSDF), and transporters of hazardous waste. Specific industries uncertain of whether these rules will impact their operations must examine applicability criteria found in 40 CFR 262-265 and 40 CFR 761 for further information.

While streamlining the manifest process may lead to increased efficiency and cost savings for businesses in the long-term, adjusting business activities and processes to utilize new technology and communicating changes in reporting requirements and information to affected employees could present challenges in the short-term. Industries will need to ensure training and reporting timelines are updated to reflect new regulations. Training must take into account the new reporting requirements, changes to information on submitted forms, and new reporting deadlines. Staff must also be knowledgeable of how to navigate the e-Manifest System if they have not previously been required to use it for manifest tracking and signatures.

Montrose’s experts in RCRA regulations and reporting offer regulatory compliance consulting to assist industries with understanding their responsibilities under the new e-Manifest reporting system. Our experience in the creation and development of training programs for new requirements and timeframes for manifest reporting fast-tracks employee onboarding. In addition, our regulatory advisor team can provide qualified auditors to ensure your RCRA programs are verified to be in compliance with new e-Manifest regulations.

Contact us today to stay ahead of regulation changes and remain compliant.

For more information on the new rule, access the links below:

Blair Axley
EHS Consultant
Ms. Axley is a resourceful EHS Professional with 11 years of progressive career and broad experience in environmental and occupational protection in corporate manufacturing industries. She is competent in all relevant types of industrial regulations and standards related to EHS regulatory compliance, incident reduction, and improved environmental conditions. She is recognized as reliable and collaborative and has a strong background in effectively fostering positive professional relationships with co-workers and members of management.