[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Rules and Regulations]
[Pages 60692-60740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14694]



[[Page 60691]]

Vol. 89

Friday,

No. 144

July 26, 2024

Part II





Environmental Protection Agency





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40 CFR Parts 260, 261, 262, et al.





Integrating e-Manifest With Hazardous Waste Exports and Other Manifest-
Related Reports, PCB Manifest Amendments, and Technical Corrections; 
Final Rule

  Federal Register / Vol. 89 , No. 144 / Friday, July 26, 2024 / Rules 
and Regulations  

[[Page 60692]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 262, 263, 264, 265, 267, 270, 271, and 761

[EPA-HQ-OLEM-2021-0609; FRL-7308-02-OLEM]
RIN 2050-AH12


Integrating e-Manifest With Hazardous Waste Exports and Other 
Manifest-Related Reports, PCB Manifest Amendments, and Technical 
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) or (the Agency) is 
finalizing certain amendments to the hazardous waste manifest 
regulations, and the hazardous waste electronic manifest (e-Manifest) 
regulations under the Resource Conservation and Recovery Act (RCRA) to 
increase utility of the e-Manifest system in delivering benefits to 
reduce administrative burden and improve tracking of hazardous waste 
shipments, and to various related regulations. Among other things, EPA 
is finalizing changes to manifest regulations for shipments of 
hazardous waste that are exported for treatment, storage, and disposal. 
EPA is also finalizing regulatory changes to the hazardous waste export 
and import shipment international movement document-related 
requirements to more closely link the manifest data with the 
international movement document (hereafter referred to as ``movement 
document'') data. In addition, EPA is finalizing regulatory amendments 
to three manifest-related reports (i.e., Discrepancy, Exception, and 
Unmanifested Waste Reports). EPA is also finalizing conforming 
regulatory changes to the manifest regulations under the Toxic 
Substances and Control Act (TSCA) for polychlorinated biphenyls (PCB) 
wastes to better align these requirements with the RCRA manifest 
regulations and the e-Manifest program. Lastly, this action makes 
technical corrections to fix typographical errors in the e-Manifest and 
movement document regulations.

DATES: This rule is effective on January 22, 2025.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number, EPA-HQ-OLEM-2021-0609, is available at 
https://www.regulations.gov or at the Office of Land and Emergency 
Management Docket (OLEM Docket), Environmental Protection Agency Docket 
Center (EPA/DC), William Jefferson Clinton West Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OLEM Docket is (202) 566-
0270. Please review the visitor instructions and additional information 
about the docket available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For further information regarding 
specific aspects of this document, contact Bryan Groce, Program 
Implementation and Information Division, Office of Resource 
Conservation and Recovery, (202) 566-0339; email address: 
[email protected] or David Graham, Program Implementation and 
Information Division, Office of Resource Conservation and Recovery 
(202) 566-2847; email address: [email protected]. In addition, 
please refer to EPA's e-Manifest web page for further information 
www.epa.gov/e-manifest.

SUPPLEMENTARY INFORMATION: 

Table of Contents

    The information presented in this preamble is organized as follows:

I. General Information

A. Does this action apply to me?

    The hazardous waste manifest program affects approximately 106,617 
federally regulated entities and almost an equal number of entities 
handling State-only regulated wastes in at least 750 industries. These 
industries are involved in the off-site shipping, transporting, and 
receiving of several million tons of wastes that are required under 
either Federal or State regulation to use the RCRA hazardous waste 
manifest. EPA estimates that these entities currently use between 
1,834,512 hazardous waste manifests (EPA Form 8700-22) and continuation 
sheets (EPA Form 8700-22A) annually to track RCRA hazardous wastes, 
TSCA polychlorinated biphenyls (PCB) wastes, and State-only regulated 
wastes from generation sites to destination facilities designated on a 
manifest for treatment, storage, or disposal. The affected entities 
include hazardous waste generators, hazardous waste transporters, 
owners or operators of treatment, storage, and disposal facilities 
(TSDFs), as well as the corresponding entities that handle State-only 
regulated wastes and PCB wastes subject to tracking with the RCRA 
manifest.
    Additionally, this final rule affects entities (including exporter, 
importer, disposal facility owner/operator, or recovery facility owner/
operator) who are involved in transboundary movements of hazardous 
waste for recovery or disposal that are subject to the manifest 
regulations to track their import or export shipments in the United 
States, or to the movement document requirements to track their import 
or export shipments both inside and outside of the United States.
    Finally, this final rule affects entities who are required to 
complete any of the following manifest-related reports: (1) An 
Exception Report when the generator has not received a final manifest 
from the receiving facility; (2) a Discrepancy Report when the 
materials received do not match with the quantities or types of 
materials indicated as being shipped by generators; or (3) an 
Unmanifested Waste Report when hazardous wastes that should have been 
manifested arrive at a facility without a manifest.
    Potential affected entities include, but are not limited to:

------------------------------------------------------------------------
                                                                  NAICS
                       Industrial sector                         code(s)
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Agriculture, Forestry, Fishing, and Hunting....................       11
Mining.........................................................       21
Utilities......................................................       22
Construction...................................................       23
Manufacturing..................................................    31-33
Wholesale Trade................................................       42
Retail Trade...................................................    44-45
Transportation and Warehousing.................................    48-49
Information....................................................       51
Waste Management & Remediation Services........................      562
Public Administration..........................................       92
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities that EPA is now aware could 
potentially be regulated by this action. Other types of entities not 
listed in the table could also be regulated. To determine whether your 
entity is regulated by this action, you should carefully examine the 
applicability criteria found in the title 40 of the Code of Federal 
Regulations (CFR) parts 262, 263, 264, 265, and 761. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

B. What action is the Agency taking?

    EPA is finalizing regulatory amendments to the RCRA manifest 
regulations, e-Manifest regulations, and other related regulations. 
Among other things, EPA is finalizing regulatory amendments to require 
hazardous waste exporters of manifested hazardous waste

[[Page 60693]]

shipments out of the U.S. to submit the export manifests to EPA's e-
Manifest system and pay the requisite user fee to process these export 
manifests. With respect to the movement document requirements, EPA is 
finalizing regulatory amendments to allow movement document 
confirmations to link to RCRA manifest tracking for export and import 
shipments. In addition, EPA is finalizing regulatory amendments to 
integrate existing Discrepancy Reports, Exception Reports, and 
Unmanifested Waste Reports into the e-Manifest system which would allow 
entities to use the e-Manifest system to complete these reports 
electronically. Also, the Agency is finalizing conforming changes to 
the TSCA manifest regulations for PCB wastes to align them with the 
RCRA manifest regulations and the e-Manifest program. Finally, this 
action fixes typographical errors and makes other technical corrections 
to certain e-Manifest, movement document, and PCB regulations.
    Although this final rule becomes effective on January 22, 2025, EPA 
needs additional time to implement e-Manifest system changes related to 
the final rule and is, thus, establishing a compliance date for certain 
final regulations. Specifically, EPA's final regulations associated 
with the collection of hazardous waste export manifests in the e-
Manifest system, use of electronic manifests for hazardous waste export 
shipments, and use of electronic Exception, Discrepancy, and 
Unmanifested Waste Reports will not go into effect until December 1, 
2025. Affected entities must continue to comply with the existing 
manifest requirements until and on November 30, 2025, for hazardous 
waste export shipments and the manifest requirements for exception, 
discrepancy, and unmanifested waste reporting. EPA is implementing a 
delayed compliance for these revised requirements so that the Agency 
can ensure completion of the system updates and necessary preparations 
for collection of hazardous waste export manifests and Exception, 
Discrepancy, and Unmanifested Waste Reports in the system. The 
compliance date is also needed so that EPA has adequate time to work 
with State regulating agencies to ensure that these manifest related 
reports are disseminated immediately to the appropriate staff (e.g., 
enforcement) in authorized State agencies.
    EPA intends that the provisions of this rule be severable. In the 
event that any individual provision or part of the rule is invalidated, 
EPA intends that this would not render the entire rule invalid, and 
that any individual provisions that can continue to operate will be 
left in place.

C. What is the Agency's authority for taking this action?

    The authority to finalize this rule is found in sections 1002, 
2002(a), 3001-3004, and 3017 of the Solid Waste Disposal Act, as 
amended by the Resource Conservation and Recovery Act (RCRA), and as 
amended by the Hazardous and Solid Waste Amendments, 42 U.S.C. 6901, 
6906 et. seq., 6912, 6921-6925, 6937, and 6938, and further amended by 
the Hazardous Waste Electronic Manifest Establishment Act, Public Law 
112-195, section 6939g, and in sections 6, 8, 12, 15, and 17 of the 
Toxic Substances Control Act, 15 U.S.C. 2605, 2607, 2611, 2614, and 
2616.

D. What are the incremental costs and benefits of this action?

    EPA prepared an economic analysis of the potential costs and 
benefits associated with this proposed action. The Regulatory Impact 
Analysis for EPA's Final Rule Integrating e- Manifest with Hazardous 
Waste Exports and Other Manifest-related Reports, PCB Manifest 
Amendments and Technical Corrections (RIA), is available in the docket 
for this rulemaking. EPA estimates that these regulatory changes will 
decrease the aggregate burden across all entities manifesting waste by 
approximately $4.71 million annually. However, this rulemaking consists 
of a series of provisions that affect the various regulated entity 
types differently (see chapter 2 of the RIA). See RIA Exhibit 3-10 for 
a summary of annual costs across all regulatory changes.

II. Detailed Discussion of the Final Rule

A. Background

    On April 1, 2022, EPA published a notice of proposed rulemaking 
(hereafter referred to as ``NPRM'') to revise the hazardous waste 
manifest regulations.\1\ The proposed revisions aimed to increase the 
utility of the e-Manifest system to reduce overall burden on the 
regulated community while enhancing the effectiveness of the manifest 
forms and e-Manifest system as tools to track Federal and State waste 
shipments as required under Federal or State laws. EPA proposed to 
accomplish this by amending the manifest regulations to: (1) 
Incorporate hazardous waste export manifests into the e-Manifest 
system; (2) incorporate three manifest-related reports (e.g., 
Discrepancy, Exception, and Unmanifested Waste reports) in the e-
Manifest system; (3) expand the required international shipment data 
elements on the manifest form; (4) revise certain aspects of the 
manifest form to improve compliance with import and export consents and 
tracking requirements; (5) allow for greater precision in waste data 
reported on the manifest; (6) make conforming changes to the PCB 
manifest regulations under TSCA; and (7) make other technical 
corrections to remove obsolete requirements, correct typographical 
errors, establish definitions, and/or improve alignment with the e-
Manifest program. In addition, EPA included in the proposed rule a 
discussion regarding potential future integration of the e-Manifest 
system with Biennial Reporting requirements.
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    \1\ 87 FR 19290; April 1, 2022.
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    EPA received 17 sets of public comments in response to the April 
2022 NPRM from hazardous waste generators, transporters, waste 
management firms, consultants, and State hazardous waste agencies. 
Commenters generally supported the proposals for the collection of 
export manifests in the e-Manifest system and use of electronic 
exception, discrepancy, and unmanifested wastes reports to satisfy the 
manifest-related reporting requirements. Commenters also generally 
supported the proposals regarding conforming changes to the PCB 
manifest regulations under TSCA and other technical corrections to 
address obsolescence of certain RCRA and TSCA requirements and 
typographical errors. Commenters had differing opinions regarding EPA's 
proposed revisions to remove the requirement for the receiving facility 
to transmit completed manifest paper copies to unregistered generators, 
which included the addition of an email address field in the generator 
block of the manifest so that the e-Manifest system can email copies of 
completed paper manifests to the generator's email address.
    Moreover, there were a substantial number of comments that took 
issue with EPA's conceptual approach regarding integration of the 
Biennial Report (BR) with the e-Manifest system, particularly with 
respect to the feasibility of EPA's BR conceptual approach and BR 
integration in general. EPA believes that commenters raised significant 
substantive issues that merit further analysis and external outreach 
prior to adopting a final approach. These issues include but are not 
limited to: (1) How to address challenges and data gaps that exist 
between the current approach and the BR conceptual data

[[Page 60694]]

collection approach; (2) What additional BR data elements such as form 
codes, source codes, waste descriptions, etc., should be recorded on 
paper manifests; (3) What quantity formats (e.g., decimals) should be 
used to ensure better accuracy of manifest data; (4) What units of 
measure should be required for BR so that they match those for 
manifests; (5) Should EPA require large quantity generators (LQGs) and 
receiving facilities to document the BR information on manifests for 
each shipment every year, or for each shipment only during each odd-
numbered year (called the ``collection year'' or ``reporting year''); 
(6) Should EPA establish a similar conceptual approach for e-Manifest 
integration with the Generation and Management (GM) Form and would such 
an approach would work for the GM Form; (7) How should EPA revise the 
conceptual approach to better integrate facility workflows and data 
management to minimize differences between facility in-house systems 
and the e-Manifest system; and (8) Should EPA replace the BR in its 
current format with a report produced directly from the e-Manifest 
system using the information currently available in e-Manifest to 
satisfy the BR requirements under Sec. Sec.  264.75 and 265.75 for 
permitted and interim status hazardous waste treatment, storage, and 
disposal facilities, respectively. EPA appreciates public comments 
received on its BR conceptual approach as part of the April 2022 NPRM 
and will be considering these comments in developing future approaches 
related to BR integration. Any further action on BR integration will be 
addressed in separate action, as needed; the Agency is not further 
considering BR integration in this final rulemaking.

B. Collection of Export Manifests in the e-Manifest System

1. Submission of Export Manifests and Payment of User Fees
    To date, the e-Manifest system's submission and fee collection 
requirements have applied to receiving facilities in the United States 
that are clearly within the jurisdiction of EPA's manifest regulations. 
Export manifests track wastes that are received at foreign consignees, 
and EPA lacks jurisdiction to require these foreign destination 
facilities to submit manifests to e-Manifest and pay user fees to EPA. 
Therefore, the e-Manifest system has not previously tracked export 
manifests.
What EPA Proposed on This Issue
    In the April 2022 NPRM, EPA proposed regulatory changes to require 
hazardous waste exporters to submit export manifests to the system and 
pay the requisite manifest processing fee. EPA cited practicality and 
efficiency reasons to focus fee collections and payments in the system 
on exporters rather than working to allow foreign transporters who have 
obtained an EPA ID number to transport manifested hazardous waste in 
the U.S with access to the system. These transporters may not be 
domiciled in the U.S but are allowed to transport export shipments to 
and across the U.S. border; thus, these foreign transporters close out 
the manifest at the U.S. port of exit. EPA also explained other EPA 
programs have encountered regulatory challenges imposing Federal 
regulations on foreign entities. The Agency also noted in the NPRM that 
although transporters, under current regulations, close out the export 
manifest at a U.S. port of exit, EPA believes the exporter is better 
suited to submit the manifest and continuation sheet to the system. EPA 
considered the following regulatory amendments to require an exporter 
to submit the manifest form and continuation sheet (whether paper or 
electronic manifests are used) to EPA and pay the requisite processing 
fee for the submission.
     EPA proposed revisions to paragraph (c) under Sec.  262.83 
to adopt the existing manifest provisions at Sec. Sec.  262.20(a)(3) 
and 262.24 for electronic manifest use and the electronic signature 
requirements at Sec.  262.25 for export manifests.
     EPA proposed new paragraph (c)(4) under Sec.  262.83 that 
would require an exporter to submit manifests (whether paper or 
electronic manifests are used) to the e-Manifest system within 30 days 
of receipt of the export manifest signed by the last transporter who 
carried the export shipment to a U.S. seaport for loading onto an 
international carrier or to a U.S. road or rail port of exit.
     EPA proposed new paragraph (c)(5) under Sec.  262.83 to 
adopt the fee provisions of the electronic hazardous waste manifest 
program under part 265, subpart FF for hazardous waste export 
shipments.
     EPA proposed new paragraphs (c)(6) through (8) under Sec.  
262.83 to require electronic signature requirements in Sec.  262.25; 
address special procedures applicable to replacement manifests; and 
address post-receipt data corrections.
     EPA proposed to modify Sec.  263.20(g)(3) to require the 
transporter who transports the hazardous waste export shipment out of 
the U.S. via road or rail border crossing or delivers the export 
shipment to a seaport for loading onto an international carrier to send 
paper copies of the manifest and continuation sheet (or images of the 
paper copies) to the exporter instead of to the generator, or transmit 
the export manifest and continuation sheet electronically to the 
exporter via the e-Manifest system in accordance with the existing 
manifest requirement for electronic manifest use at Sec.  263.20(a)(4).
     EPA proposed to remove the current transporter requirement 
in Sec.  263.20(g)(4)(i) because transporters are not best suited for 
submitting the export manifest to the system and paying the requisite 
processing fee based on the above modification to Sec.  263.20(g)(3).
Description of Public Comments
    Generally, EPA did not receive adverse comment on the proposals to 
collect export manifests (whether paper or electronic manifests are 
used) in the e-Manifest system and charge user fees for their 
submission. Several commenters strongly supported the proposed 
amendments to the manifest regulations that would require export 
manifests to be collected in the e-Manifest system. One commenter 
stated support for the proposed manifest fee and the fee formula and 
methodology and fee revisions to calculate the fees based on the 
exporter's manifest activities in the system.
    One commenter concurred with EPA that transporters are not best 
suited for submitting the export manifest to the system and paying the 
requisite processing fee. Another commenter noted that exporters and 
traders who export hazardous waste are fewer in number, are reasonably 
expected to be more sophisticated and able to consistently manage 
manifest submissions and are more knowledgeable about the hazardous 
waste being exported than the transporters who currently close out 
export manifests. This commenter reasoned that applying the primary 
regulatory responsibility to exporters and traders who are already 
required to be domiciled in the U.S. would reduce the difficulty in 
communications with and regulatory oversight over entities domiciled in 
a foreign country.
    However, one industry commenter who supported requiring exporters 
to submit export manifests to the system did not support making the 
last transporter who carried the export shipment to a U.S. seaport for 
loading onto an international carrier or to a U.S. road or rail port of 
exit solely accountable for returning the paper copy of the manifest to 
the exporter or transmitting the electronic manifest electronically to 
the exporter via the e-Manifest system. This commenter

[[Page 60695]]

recommended that, instead, EPA require the foreign receiving facility 
to return the manifest to the exporter and suggested EPA incorporate 
into the final rule a mandatory requirement that all export contracts 
or equivalent legal arrangements established among all parties (e.g., 
exporter, foreign importer, and foreign receiving facility) require 
that the foreign receiving facility return the manifest to the 
exporter.
Discussion of Final Rule
    EPA did not receive adverse comment on the proposals to require 
exporters to submit export manifests into the e-Manifest system; 
therefore, EPA is finalizing the proposed changes to the introductory 
text of paragraph (c) under Sec.  262.83 to adopt the existing manifest 
provisions at Sec. Sec.  262.20(a)(3) and 262.24 for electronic 
manifest use and the electronic signature requirements at Sec.  262.25 
for export manifests. EPA is also finalizing the proposed export 
manifest requirements under paragraphs (c)(4) through (8) to collect 
export manifests (whether paper or electronic manifests are used) in 
the e-Manifest system, charge user fees for their submission, and 
submit manifest corrections to the EPA e-Manifest system. This final 
rule codifies these proposals as revised Sec.  262.83(c)(4). EPA notes 
that the new post-receipt manifest data corrections procedures for 
hazardous waste export shipments are discussed under section II.H.4 of 
this final rule. Finally, EPA is finalizing the proposed changes to the 
transporter regulations for hazardous waste export shipments under 
Sec.  263.20(g).
    Although this final rule will be effective on January 22, 2025, 
implementation of the revised manifest requirements for the collection 
of export manifests in the e-Manifest system, use of electronic 
manifests for tracking of hazardous waste export shipments, imposition 
of user fees on hazardous waste exporters, and the revised transporter 
manifest requirement for returned export manifest manifests and 
continuation sheets to the exporter will have a delayed compliance date 
that begins on December 1, 2025. As stated above, this compliance date 
will provide EPA time to implement the necessary e-Manifest system 
changes to incorporate these final requirements.
    Prior to December 1, 2025, hazardous waste exporters will not be 
required to submit paper manifests to the e-Manifest system and pay 
user fees, nor will exporters be able to use electronic manifests to 
track their hazardous waste export shipments. Additionally, prior to 
December 1, 2025, transporters who transport hazardous waste out of the 
United States must continue to return a signed copy of the manifest to 
the generator. (In addition, such transporters must also submit the 
continuation sheet to the generator during this period of time.)
    Beginning on December 1, 2025, regulated entities must comply with 
the revised hazardous waste export regulations discussed below.
    Regarding the exporter requirements under Sec.  262.83(c)(4), 
collectively, these new provisions require that exporters submit export 
manifests and manifest continuation sheets (whether electronic or paper 
manifests are used) to the e-Manifest system and pay the requisite fees 
for those submissions. Therefore, any entity acting as the U.S. 
exporter that originated the manifest for an export shipment of 
hazardous waste in accordance with the manifest requirements under part 
262, subpart B and Sec.  262.83(c), whether they be a generator, 
receiving facility, or recognized trader, must submit the export 
manifests and manifest continuation sheets to the e-Manifest system and 
pay the requisite fees. Further, in accordance with Sec.  262.83(c) 
(per Sec. Sec.  262.20(a)(3) and 262.24 for electronic manifest use and 
the electronic signature requirements at Sec.  262.25 for export 
manifests), a person exporting a shipment out of the U.S. (e.g., a 
generator or a recognized trader located separate from the site 
initiating the shipment) may, in lieu of using a paper manifest form, 
use an electronic manifest to track the export shipment within the 
United States. These electronic manifests are considered the legal 
equivalent of paper manifests signed with conventional ink signatures.
    Therefore, per Sec.  262.83(c)(4), an exporter who elects to use an 
electronic manifest and continuation sheet for an export shipment, must 
complete, sign, and submit the manifest and continuation sheet 
electronically in the e-Manifest system for the waste shipment within 
30 days of receipt of the electronic manifest signed by the last 
transporter who carried the export shipment to a U.S. seaport for 
loading onto an international carrier or to a U.S. road or rail port of 
exit.
    Revised Sec.  262.83(c)(4) also provides an exporter the same 
options as a U.S. receiving facility to submit the original paper 
manifests to the system. Per Sec.  265.71(a)(2)(v)(B), if the waste 
shipment was transported within and then exited the U.S. under a paper 
manifest and continuation sheet, the exporter must submit images of the 
paper forms, or uploaded data plus images of the paper forms. EPA notes 
that exporters may also use hybrid manifests to track export shipments 
under this final rule. If an export shipment was initiated by the 
initial transporter under a hybrid manifest in accordance with Sec.  
262.24(c), then an exporter must complete and sign that manifest 
electronically in the system.
    To submit export manifests (whether paper or electronic manifests 
are used) to the system, exporters will need a registered user with at 
least Certifier level permissions in the e-Manifest module (a 
permission level that requires identity proofing and an electronic 
signature agreement). Exporters may also register users to view their 
manifest records in the e-Manifest system. Such viewer-only users of 
the e-Manifest system are only required to obtain Viewer level 
permissions (or equivalent) to access the manifests for their site.
    Pursuant to the new provisions under paragraph (c)(4), an exporter 
must pay the requisite use fee for manifest submissions. The fee 
provisions of the electronic hazardous waste manifest program are 
codified under part 265, subpart FF (Sec. Sec.  265.1300, 265.1311, 
265.1312, 265.1313, 265.1314, 265.1315, and 265.1316). EPA finalized 
these provisions in the User Fee Final Rule (83 FR 420, January 3, 
2018) and utilizes them for domestic receiving facilities of hazardous 
waste and other Federal or State regulated wastes. Currently, EPA sets 
user fees based on the Highly Differentiated Fee Formula (Sec. Sec.  
264.1312(b) and 265.1312(b)). EPA refreshes its user fees every two 
years based on the manifest usage projections and processing costs for 
each manifest type.
    Exporters of a waste shipment subject to the manifest requirements 
must make payments to EPA for manifest activities conducted during the 
prior month per Sec.  265.1314. Under Sec.  265.1311, EPA will impose a 
per manifest fee for each manifest submitted to the system based on the 
mode of submission (data upload, image file upload, or electronic). 
Exporters will receive an electronic invoice or bill displaying their 
manifest activity during the prior month and must make payments in full 
within 30 days from the date of the invoice. Exporters must submit 
electronic payments to the U.S. Department of Treasury through the e-
Manifest system using one of the acceptable electronic payment options, 
which include commercial credit cards, commercial debit cards, and 
Automated Clearinghouse (ACH) debits. An exporter's Site Managers will 
be able to receive and pay invoices for their site(s). These invoices 
cannot be forwarded to or paid by someone other than a Site Manager. 
Therefore, exporters must

[[Page 60696]]

register a user(s) for the e-Manifest module within the RCRAInfo 
Industry Application with the Site Manager permission level to submit 
payment. Further information regarding e-Manifest user fees and payment 
information is discussed on EPA's ``User Fees/Payments'' web page.\2\ 
Per the late fee and collection provisions at Sec.  265.1315, exporters 
who do not pay their invoices in full and on time will be charged late 
fees. Late fees begin to accrue for bills not paid in full within 30 
days from the date of the invoice. The fees include a penalty 
(currently 1% annualized of the billable invoice total) and a handling 
charge (currently $15) for each month the bill is unpaid. A one-time 
increase of this penalty is charged if a bill is not paid four months 
after the invoice has been issued; currently this charge is a one-time 
increase of the penalty to 6%. After four months, the unpaid invoice is 
forwarded to the U.S. Treasury Department for collection and further 
action. Per Sec.  265.1316, exporters can dispute an invoice using the 
informal dispute process, if they believe an invoice to be in error 
(e.g., the invoice does not accurately describe the numbers of 
manifests submitted in the prior billing period, the types of manifests 
(paper vs. electronic) submitted in the prior billing period, or, 
because the invoice appears to have made a mathematical error in 
generating the amount of fees due under the invoice).
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    \2\ https://www.epa.gov/e-manifest/e-manifest-user-fees-and-payment-information#upcoming.
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    Regarding the proposed changes to the transporter provisions under 
Sec.  263.20(g)(3) and (4), this final rule finalizes the proposed 
changes but finalizes them with slight modifications. Specifically, 
this final rule revises the proposed paragraph (g)(3) slightly to 
reflect the fact that EPA will not implement the new hazardous waste 
export requirements under Sec.  262.83(c)(4) until December 1, 2025. As 
a result, EPA will finalize the proposed paragraph (g)(3) with a slight 
modification to reflect that a transporter must submit the manifest and 
continuation sheet to the generator (and not to the exporter) until 
December 1, 2025. This proposed paragraph (g)(3) has also been revised 
to no longer apply on December 1, 2025 (and thus will end through 
November 30, 2025). Starting on December 1, 2025, revised paragraph 
(g)(4) will apply, at which time the transporter must submit the 
manifest and continuation sheet to the exporter.
    EPA appreciates the commenter's suggestion that EPA establish a new 
requirement making the foreign facility return the manifest to the 
exporter and accepts the commenter's claim that foreign facilities 
generally return completed manifests along with the movement document. 
EPA, however, is not persuaded to establish the new requirement for a 
few reasons. First, EPA believes this approach is common practice if 
the foreign transporter hauls the hazardous waste out of the U.S. to a 
foreign facility located in Canada or Mexico via road or rail border 
crossing. However, EPA notes that waste exported to foreign facilities 
in Asia or Europe generally are transported by an international 
carrier. In such instances, the transporter delivers export shipments 
to a seaport for loading onto an international carrier and leaves the 
export manifest at the seaport. Therefore, in this instance, the 
foreign facility could not return the manifest to the exporter. Second, 
EPA explained in the NPRM that foreign entities have posed regulatory 
challenges including challenges verifying the identity of foreign users 
for electronic signatures as the current e-signature methods are 
designed to be used in the United States.\3\ Third, EPA also points out 
that the Agency did not provide notice and opportunity to comment on 
this approach in the NPRM.
---------------------------------------------------------------------------

    \3\ Ibid.
---------------------------------------------------------------------------

    Therefore, this final rule modifies Sec.  263.20(g)(3) to require 
that beginning on December 1, 2025, the last transporter (who 
transports the hazardous waste export shipment out of the U.S. via road 
or rail border crossing or delivers the export shipment to a seaport 
for loading onto an international carrier) must send a signed copy of 
the manifest and continuation sheet to the exporter, instead of the 
generator. EPA notes that beginning on December 1, 2025, transporters 
will be able to use electronic manifests in lieu of paper manifests to 
transport RCRA-manifested waste shipments out of the U.S. in accordance 
with Sec.  263.20(a)(4). Transporters would need to obtain a RCRAInfo 
Industry Application account to access and use the e-Manifest system.
    This final rule also removes the current transporter requirement 
under Sec.  263.20(g)(4)(i). As explained in the NPRM, transporters are 
not best suited for submitting the export manifest to the system and 
paying the requisite processing fee based on the above modification to 
Sec.  263.20(g)(3).\4\
---------------------------------------------------------------------------

    \4\ 87 FR 19290; April 1, 2022. See page 19298.
---------------------------------------------------------------------------

2. Changes to Manifest Form and Continuation Sheet and Manifest 
Requirements for Hazardous Waste Export and/or Import Shipments
    EPA proposed a few changes to the manifest form and manifest 
continuation sheet to align the forms with the proposals to capture 
export manifests in the e-Manifest system and to better track hazardous 
waste export and import shipments using the manifest forms. As 
mentioned previously, EPA proposed exporters submit the manifest to 
EPA's e-Manifest system and pay the appropriate per manifest fee to EPA 
for each export manifest submitted to the e-Manifest system. The 
existing manifest requirements under Sec.  262.83(c) require a 
hazardous waste exporter comply with the manifest requirements at 
Sec. Sec.  262.20 through 262.23 which require the exporter use the 
manifest--and if necessary, the manifest continuation sheet--when 
exporting hazardous waste out of the U.S. Generally, the current 
manifest form does not provide adequate space to provide the exporter's 
EPA ID Number on the manifest unless the exporter is the generator or 
the site from where the export manifest is initiated. In such 
instances, the manifest instructions require the exporter to list its 
EPA ID number in Item 1 of the manifest and its name, mailing address, 
and phone number is Item 5. However, if the exporter is a recognized 
trader located separate from the site initiating the export shipment, 
then while the exporter must ensure that the items noted above are 
recorded on the manifest, Item 1 and Item 5 will reflect the generator 
or shipping site's information rather than the exporter's information. 
An exporter's EPA ID number is needed to ensure that the exporter can 
use electronic manifests, upload paper manifests to its site account in 
the system, track its manifest activity (for both electronic and paper 
manifests) in the system, and receive accurate invoices for each 
billing cycle.
    Regarding other manifest form changes, currently, Sec.  
262.83(c)(2) requires the exporter to check the export box and enter 
the U.S. port of exit (city and State) from which the hazardous waste 
export shipment exits the U.S. In addition, Sec.  262.83(c)(3) requires 
hazardous waste exporters to list the consent numbers for each waste 
stream entered in Item 9b, the U.S. Department of Transportation (DOT) 
shipping description, on the export manifest. Similarly, Sec. Sec.  
264.71(a)(3)(i) and 265.71(a)(3)(i) require domestic receiving 
facilities list the consent numbers on import manifests.

[[Page 60697]]

Currently, these consent numbers are recorded generally in Item 14 
``Special Handling Instructions and Additional Information'' on the 
paper manifest form due to the lack of dedicated fields for listing 
such numbers. This is problematic for data key entry of manifest data 
from paper manifests because consent numbers typically are not listed 
clearly in Item 14 and often are grouped together with other manifest 
information. As a result, it can be difficult for the paper processing 
center (PPC) to match the relevant consent numbers with the correct 
waste streams. The addition of a separate data field to the paper and 
electronic manifests for consent numbers would facilitate the 
electronic upload or manual data entry of data from paper export and 
import manifests as the manifest would more clearly list the consent 
number for each waste stream. The additional field would also 
facilitate the retrieval of export and import manifest data from the e-
Manifest system for all manifested hazardous waste export and import 
shipments.
What EPA Proposed on This Issue
    EPA proposed changes to the manifest forms, manifest instructions, 
and the hazardous waste manifest requirements corresponding to 
completion of the manifest forms for international shipments. Regarding 
proposed changes to the manifest forms, EPA proposed and/or requested 
comment on several changes to the manifest form and continuation sheet 
related to hazardous waste international shipments in a February 2019 
Federal Register notice and more recently in the April 2022 NPRM. 
First, EPA proposed to add a new data field on the paper and electronic 
manifest so hazardous waste stream consent numbers can be recorded in a 
separate, distinct field on a manifest.\5\ Second, EPA requested 
comment in the February 2019 FRN whether the Agency should add space to 
the International Shipment field (Item 16) on the paper manifest to 
accommodate the consent numbers corresponding to each of the waste 
streams listed in Item 9 of the manifest.\6\ Finally, as a second 
option, EPA requested comment on whether the Agency should revise the 
manifest continuation sheet so that the International Shipment Field is 
removed from the paper manifest and appears instead on the manifest 
continuation sheet with an expanded area that is able to more easily 
accommodate four 12-digit consent numbers and the primary exporter's 
EPA ID number, if the exporter is not the generator or is a recognized 
trader located separate from the site initiating the export 
shipment.\7\ The February 2019 FR explained in both options, the 
exporter would enter its EPA ID Number in Item 1 and its name and 
address on the left side of Item 5 and supply the name and address of 
the generator site on the right side of Item 5, if not the same as the 
primary exporter.
---------------------------------------------------------------------------

    \5\ 84 FR 2854; February 9, 2019. See pages 2855-2856.
    \6\ 84 FR 2854; February 9, 2019. See page 2856.
    \7\ Ibid.
---------------------------------------------------------------------------

    Lastly, EPA discussed whether the Agency should modify the 
instructions under both options to clarify that the exporter must enter 
its EPA ID number in a separate new data field so that the generator 
site's EPA ID number is retained in Item 1 of the manifest.
    Except for the alternative option regarding designating a new, 
distinct field in Item 16 of the manifest to accommodate the recording 
of consent numbers in it, EPA requested comment in the NPRM seeking 
further input on the addition of new fields for consent numbers and the 
exporter's EPA ID Number on the manifest continuation sheet and 
proposed re-designating Item 16 on the manifest continuation sheet as 
Items 33a and 33b on the continuation sheet. In addition, EPA proposed 
to add an email address to the International Shipments field. EPA 
explained in the proposed rule that if these proposed form changes are 
finalized, then EPA also would revise the current manifest instructions 
for completing the International Shipments field to reflect these new 
changes.
    Regarding changes to the hazardous waste export requirements 
corresponding to the proposed manifest form revisions, EPA proposed 
conforming changes under Sec.  262.83(c)(2) and (3) as follows:
     Moving the existing requirements under paragraph (c)(2) to 
new paragraphs (c)(2)(i) and (iii). Provisions (c)(2)(i) and (iii) 
would continue to require the exporter to check the export box and 
enter the U.S. port of exit (city and State) from the United States, 
respectively, on the manifest. However, this information would be 
entered in the new International Shipments Field (Item 33a) of the 
proposed Continuation Sheet.
     Revising (c)(2) to reflect the new requirement that 
exporters must complete both the manifest and the International 
Shipment Field of the new manifest continuation sheet for export 
shipments.
     Adding a new paragraph (c)(2)(ii) to require that the 
exporter enter its EPA ID number, if the exporter is not identified in 
Item 5 of the manifest (EPA Form 8700-22) for the export shipment, and 
email address in the new email address field in Item 33a of the 
Continuation Sheet.
     Noting that the requirement under the existing manifest 
instruction for the final transporter to sign the manifest on the date 
the waste departs the country would be removed.
     Moving the existing paragraph (c)(3) to new paragraph 
(c)(2)(iv) and revising it to require that the exporter list each 
consent number from the Acknowledgment of Consent (AOC) for each waste 
stream recorded on the manifest form(s) in the new designated field of 
the International Shipment Field (Item 33b) of the Continuation Sheet. 
EPA also proposed to move the existing requirement under Sec.  
262.83(c)(4) to paragraph (c)(3). This requirement indicates that 
exporters may be able to obtain paper manifest forms from any source 
that is registered with the U.S. EPA as a supplier of manifests (e.g., 
States, waste handlers, and/or commercial forms printers).
Description of Public Comments
    Commenters strongly supported the proposed manifest form changes 
related to export and import hazardous waste shipments. EPA did not 
receive adverse comment regarding moving the International Shipment 
field (Item 16) from the manifest to the continuation sheet and adding 
new fields for the consent number and exporter's EPA ID Number and 
email address to the International Shipments field. Some of these 
commenters reasoned that moving Item 16 (International Shipments field) 
from the manifest to the continuation sheet would be much clearer and 
easier for the regulated community and noted that one field (i.e., Item 
5) would not be used for two different sets of required information 
(information for waste generator and information for the waste 
exporter).
    One commenter suggested collecting all the export information, 
including the exporter name and address in Item 5, on the manifest 
continuation sheet, rather than having it on both the manifest and 
continuation sheet. The commenter reasoned that using Item 5 to collect 
two distinct types of information (i.e., generator and exporter name 
and address) would create confusion for manifest users. This commenter 
also stated that a clearly defined area for the collection of exporter 
information is their preferred option. Finally, this commenter 
recommended that, for

[[Page 60698]]

imports, the instructions for the manifest form and continuation sheet 
should include the importer's requirements for Items 1 and 5 of EPA 
Form 8700-22 that are relevant to Sec.  262.84(c)(1)(i). This commenter 
stated that for hazardous waste shipments entering the U.S., the 
manifest regulations for importers are similar to the requirements for 
exporters. The importer must also comply with manifest requirements at 
Sec. Sec.  262.20 through 262.23, and the importer is considered the 
RCRA generator whose EPA ID Number will be entered in Item 1. 
Additionally, the importer's information must be entered in Item 5, 
except that the importer must enter the name and site address of the 
foreign facility on the right side of Item 5 of the manifest in lieu of 
entering its physical site address. The importer must also enter the 
name, site address, and EPA ID Number of the domestic designated 
facility in Item 8 of the manifest. If the domestic designated facility 
is also the importer, then its information would be entered in both 
locations on the manifest.
Discussion of Final Form Changes and Corresponding Manifest 
Requirements
    Commenters strongly supported the proposed changes to the manifest 
forms, instructions, and the manifest requirements for export 
shipments, and EPA did not receive adverse comment to the proposals. 
Therefore, EPA is finalizing the proposed changes to the manifest forms 
and instructions. EPA is also finalizing the proposed conforming 
changes to the previous hazardous waste export requirements under Sec.  
262.83(c) but with slight modification. EPA accepts one commenter's 
suggestion that EPA should not require the exporter to enter its name 
and site address on the left side of Item 5 and the generator's 
information on the right side of Item 5. EPA agrees with the 
commenter's suggestion that a clearly defined area on the manifest 
continuation sheet for the collection of exporter information is a 
better approach than entering it on the right side of Item 5. However, 
like the manifest form, the manifest continuation sheet is a one-page 
paper form that is already full of many data elements, and thus it does 
not have adequate space left for the addition of exporter information 
normally recorded in Item 5 of the manifest (i.e., the exporter's name, 
mailing address, and phone number).
    Therefore, in establishing a clearly defined area for exporter 
information, this final rule removes the International Shipments field 
(Item 16) from the manifest form, re-designates it as Items 33a and 33b 
on the continuation sheet and adds new fields for consent numbers and 
the exporter's EPA Identification (ID) Number to the International 
Shipments field. EPA is also revising the current manifest instructions 
for completing the International Shipments field to reflect these new 
changes. Under the new manifest form and manifest continuation sheet, 
if the exporter is the generator or is the site from where the export 
manifest is initiated, then the exporter must record its information--
name, address, and phone number--in Items 1 and 5 of the manifest form. 
Such exporters are not required to provide its EPA ID number on the 
manifest continuation sheet. However, if the exporter is a recognized 
trader located separate from the site initiating the export shipment, 
then the exporter must enter its EPA ID number in the new exporter EPA 
ID space in the International Shipment field (Item 33a) of the manifest 
continuation sheet. However, such exporters will not be required to 
enter their name, mailing address, and telephone number in Item 33a. 
EPA notes that exporters must submit an export notification and the AOC 
associated with the manifested export shipment to the Waste Import 
Export Tracking System (WIETS) module in the RCRAInfo application. The 
consent numbers recorded on the manifest are linked to the AOC document 
in WIETS. Since exporters must register and obtain an account in the 
RCRAInfo for access to both the e-Manifest and WIETS modules, EPA will 
obtain the name, mailing address, and telephone number of the 
recognized trader from the AOC using the consent numbers recorded on 
the manifest. For Item 33a, the exporter must check the box indicating 
an export shipment and enter the port of exit (city and State) from the 
U.S. In addition, if located separate from the site initiating the 
shipment, then the exporter must enter its EPA ID Number in this field.
    EPA is not finalizing the proposed form change to add an exporter 
email address field in Item 33a of the Continuation Sheet. In addition, 
EPA is not finalizing the removal of the requirement under the existing 
manifest instruction for the final transporter to sign the manifest on 
the date the waste departs the country. EPA has decided that these form 
changes are not needed. Thus, in this final rule, the final transporter 
must sign and date Item 33a to indicate the day the shipment left the 
U.S. via a road or rail border crossing or the date the shipment was 
delivered to a seaport of exit for loading onto an international 
carrier. The exporter will not be required to record its email address 
in Item 33a. For import shipments, the importer must check the box 
indicating an import shipment and enter the port of entry (city and 
State) into the U.S. in new Item 33a of the continuation sheet. For 
Item 33b, destination facilities of import shipments and exporters must 
record the consent numbers on the manifest for each waste stream listed 
in Items 9b and 27b of the manifest and continuation sheet.
    However, based on the Agency's final decision not to include the 
generator email address field on the manifest, EPA is not finalizing 
the proposed requirement that exporters must enter their email address 
in the International Shipment Field (Item 33a) of the manifest 
continuation sheet. Finally, EPA accepts the one commenter's 
recommendation about revising the manifest instructions of Items 1 and 
5 of the manifest form for hazardous waste import shipments. EPA agrees 
that the manifest instructions for these fields should align with the 
existing importer requirement at Sec.  262.84(c)(1)(i) and has revised 
the manifest instructions accordingly.
3. Other Changes to Manifest Requirements for Hazardous Waste 
International Shipments
    EPA is finalizing its proposal to remove the requirement in Sec.  
262.84(c)(4) that the importer must provide an additional copy of the 
manifest to the transporter to be submitted by the receiving facility 
to EPA. EPA explained in the proposed rule that this additional copy of 
the manifest is no longer necessary because 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. EPA did not receive 
adverse comment to this proposal.

C. Removal of Requirement for Receiving Facility To Return Final Copy 
of Manifest to Unregistered Generators

4. What EPA Proposed on This Issue: Mailing Back Final Copies of 
Manifests
    EPA proposed to revise Sec. Sec.  264.71(a)(2)(iv) and 
265.71(a)(2)(iv) so that, rather than mailing generator copies of 
completed manifests (Page 2) to generators, receiving facilities would 
only need to submit the top copies (Page 1) of manifests to the e-
Manifest system. Generators would thus receive their completed 
manifests directly from the e-Manifest system via email, or they

[[Page 60699]]

would access them directly in the e-Manifest system.
    EPA proposed to add an email address field to Item 5 of the 
generator block of the paper manifest (i.e., the Generator's Name and 
Mailing Address block). This would allow the e-Manifest system to send 
automated emails to unregistered generators containing copies of 
completed paper manifests in lieu of receiving facilities having to 
mail final copies back to generators. Thus, generators who track their 
wastes using a paper manifest or a hybrid manifest but are not 
registered for the e-Manifest system would be required to record an 
email address in the email address field. The e-Manifest system would 
also send automated emails alerting generators about manifests from 
receiving facilities that are late (Exceptions), and when materials 
received by the facility designated on the manifest do not match with 
the quantities or types of materials indicated as being shipped by 
generators (Discrepancies). (See sections II.D and II.E, respectively, 
for further details).
    To ensure that the automated email is not undelivered or left 
unnoticed or unopened, EPA proposed to require the generator to enter 
an email address associated with the company site and shared among site 
employees who are directly, or indirectly, involved with arranging the 
waste shipment for off-site transportation, or who have day-to-day 
responsibilities of the site's operations. In addition, the system-
generated email to the generator would also provide a link to EPA's e-
Manifest user registration web page and encourage the generator to 
register at least two Site Managers in RCRAInfo to access their 
manifests in the e-Manifest system.
    EPA also requested comment on an alternative option to the proposed 
email approach. Under the alternative option, EPA would mandate that 
generators register for access to the e-Manifest system so that 
generators could receive completed manifests in their registered 
accounts in e-Manifest rather than from system-generated emails. Under 
the alternative approach, EPA would not need to collect generator email 
addresses on the manifest form because individual personnel for the 
generator would be providing a verifiable email address upon 
registration. Registered generators would then access final copies of 
manifests from e-Manifest and receive notification emails from e-
Manifest regarding their sites' recent manifest activity. Finally, 
under this alternative approach, as with the proposed approach, 
receiving facilities would not be required to mail hard copies of 
manifests to generators as all generators would be required to register 
in the system and have access to their manifests.
    Finally, EPA proposed conforming changes to requirements for 
printing paper manifests at Sec.  262.21(f)(6). The printing 
distribution of the five-copy form is as follows:
    Page 1 (top copy): ``Designated facility to EPA's e-Manifest 
system;'';
    Page 2: ``Designated facility to generator;'';
    Page 3: ``Designated facility copy;'';
    Page 4: ``Transporter copy;''; and,
    Page 5 (bottom copy): ``Generator's initial copy.''
    Under EPA's proposal, Page 2 (Designated facility to generator) 
would no longer be needed and thus would be removed from the five-copy 
set of forms. As a result, the proposed rule would create a new four-
copy form as follows:
    Page 1 (top copy): ``Designated facility to EPA's e-Manifest 
system;'';
    Page 2: ``Designated facility copy;'';
    Page 3: ``Transporter copy;''; and
    Page 4 (bottom copy): ``Generator's initial copy.''
    EPA also requested comment on removing Page 3 (Designated facility 
copy) from the manifest form and continuation sheet since submission of 
paper manifests to the e-Manifest system via postal mail are no longer 
permissible. The manifest form could then be a new three-copy form as 
follows:
    Page 1 (top copy): ``Designated facility to EPA's e-Manifest 
system;''
    Page 2: ``Transporter facility copy;'' and
    Page 3: (bottom copy): ``Generator's initial copy.''
5. Description of Public Comments: Mailing Back Final Copies of 
Manifests
    Commenters supported the removal of the requirement that receiving 
facilities mail paper manifests to generators. One commenter stated 
that removing the existing requirement that receiving facilities mail 
paper manifests to the generators would improve e-Manifest 
functionality by allowing generators to receive final manifest copies 
from the system, rather than continuing to impose costs on receiving 
facilities to mail or email paper manifest copies back to their 
customers. Another commenter stated that this proposal would facilitate 
lowering receiving facilities' burden by allowing the elimination of 
any need to mail or otherwise return final signed manifest copies to 
generators.
    Most commenters supported EPA's proposed approach to add a new 
generator email address field to the manifest form; however, some 
expressed concerns about the part of the proposal in which the e-
Manifest system would email copies of completed paper manifests to the 
generator's email address. One commenter stated that the collection of 
a generator email address on manifest forms is beneficial as it creates 
another avenue for ensuring generator receipt of final manifest copies 
via the e-Manifest system, assists generators with accessing these 
forms electronically, and reinforces the electronic copy as the primary 
source of information for all parties involved. Another commenter wrote 
that requiring an email address to be entered each time a generator 
initiates a shipment of hazardous waste would be a de minimis burden on 
generators and result in a significant benefit for both the regulated 
generators and relevant regulatory agencies alike.
    Some commenters expressed concerns about requiring generators to 
use an email address, including allowing generators to use a shared 
email box associated with the company site, as an option for completing 
the generator email address field citing that there is a possibility 
that email addresses could be entered on the manifest or into the e-
Manifest system incorrectly, leading to manifests being sent to the 
wrong entity or sent to email addresses that do not exist. One 
commenter indicated that hand-written email addresses on paper 
manifests can be of poor quality and may result in frequent errors when 
uploaded to the e-Manifest system and that generator personnel may not 
know the correct email address to write on the manifest. A few opposing 
commenters stated that providing copies of the final manifests directly 
to generators without requiring them to register for e-Manifest will 
run directly counter to EPA's goal of increasing the adoption of e-
Manifest by the regulated community. These commenters further stated if 
copies of the manifests are provided directly to generators, then it 
will remove the main incentive for generators to register for e-
Manifest.
    Several commenters supported EPA's alternative option that would 
mandate that generators register with the e-Manifest system. One 
commenter stated that requiring all generators (including very small 
quantity generators (VSQGs)) to register in the e-Manifest system would 
aid in finding and evaluating manifests for a particular generator. The 
commenter also stated that doing so would make it easier to use the 
data in the e-Manifest system to replace State systems used for 
generator reporting.
    One commenter who supported the idea of requiring all generators to 
register with the e-Manifest system

[[Page 60700]]

indicated that it had some concerns with the option because: (1) It 
would require VSQGs to have EPA ID Numbers, which is a major departure 
from the current Federal program that extends beyond the scope of e-
Manifest, and (2) the description of how it would work seems to be 
inconsistent with the RCRAInfo Industry Application's user account 
requirement. RCRAInfo restricts user accounts to one person; a 
registered account cannot be shared or transferred. One supporting 
commenter stated that, if EPA decides to not require generators to 
register with e-Manifest, then a very simple method should be developed 
for unregistered generators to view their manifests. This commenter 
described providing generators `one-button' access to their manifests, 
such as a web page that functions much like checking into an airline 
reservation. This website would request simple information, such as the 
manifest number, generator ID number, and/or zip code, to allow the 
generator to see the completed manifest. If the generator wanted to do 
more than simply see the manifest, then the website can direct the 
generator to register for e-Manifest.
    One commenter stated that they oppose any element of the proposed 
rule that would require generators (whether under the RCRA or TSCA PCB 
program) to register and obtain an account in the e-Manifest system. 
This commenter indicated that this does not address the fundamental 
concern that waste handlers, particularly generators, are not able to 
universally adopt the e-Manifest program and thus should not be 
compelled to do so under any final rule.
    One commenter supported elimination of only the designated facility 
copy (Page 3) of the manifest forms, but most commenters supported 
elimination of both the designated facility to generator copy (Page 2) 
and the designated facility copy (Page 3). One commenter stated that it 
makes sense to eliminate the designated facility copy of the manifest 
form because designated facilities who want to keep a paper copy can 
(and should) keep the top copy (Page 1), which is the copy scanned and 
uploaded to the e-Manifest system. This commenter stated that it is 
good business practice to keep this paper copy (Page 1) in case there 
is any problem with the data upload and/or scan and upload of the PDF.
    One commenter supported removal of the designated facility copy of 
the manifest forms urging EPA to adopt a 3-page form that eliminates 
the copy sent by the receiving facility to the generator (Page 2), as 
well as the designated facility copy (Page 3). This commenter stated 
that the generator copy is not needed because EPA intends to revise the 
regulations to remove the requirement that receiving facilities mail a 
paper copy back to the generator, and instead would provide generators 
with electronic access to all completed manifests. Further, receiving 
facilities do not need the designated facility copy which is routinely 
discarded when the image copy of the final manifest is uploaded to the 
e-Manifest database. The receiving facility only needs the top copy to 
submit the image file to the system, and that data file is then the 
manifest of record.
    A few commenters who supported electronic manifest adoption favored 
removal of the generator and designated facility copy of the manifest 
form. One commenter stated that removal of the generator and designated 
facility copies (Pages 2 and 3, respectively) of the paper manifest is 
sound and will further encourage generators to use the e-Manifest 
system. This commenter also stated removing these obsolete pages 
reduces the administrative costs of managing the paper pages and 
reduces the costs and paper material resources associated with printing 
manifests. Furthermore, removing these obsolete pages in no way impedes 
the usability of the paper manifest nor impacts hazard communication. 
Another supporting commenter stated that the removal of manifest copy 
Pages 2 and 3 is logical and justified by EPA's proposal to make 
manifest final copies available electronically in the e-Manifest 
system. Further, this paper copy reduction would continue to 
incentivize e-Manifest adoption due to the ease of accessing manifest 
copies electronically, as well as a presumption that final manifest 
copies would likely be available for viewing sooner than by current 
methods. Finally, one commenter indicated that beyond the reduction in 
printing burden, unnecessary paperwork, and simplicity, each sufficient 
reasons on their own for making this change, reducing the copies in a 
multi-part `carbon copy' form consistently results in increased 
transfer and legibility of handwritten and even impact-printed 
information on sheets below the top.
    In addition to comments discussed above, EPA received 
recommendations on the following issues:
     Recordkeeping of original paper manifest. One commenter 
stated that, considering the massive data quality problems that state 
regulators have documented, EPA should take into account adding a 
regulatory requirement for receiving facilities to retain the original 
paper manifest for three years. If generators receive completed 
manifests only by email or through the e-Manifest system, it will be 
even more important for receiving facilities to be required to retain 
the original paper manifest to deal with any data errors or other 
manifest corrections because they will be the only party with access to 
the original.
     Arrangements between receiving facilities and generators 
that have unreliable internet connection. One commenter stated that 
generators without on-site internet can plan to visit a nearby facility 
that has internet, such as a local business, municipal building, or 
community library.
     Burden and costs to waste handlers. Three State commenters 
provided comment on the proposal's burden impact. One State commenter 
stated that the proposed changes would provide a process efficiency and 
cost savings for the receiving facility. Another State commenter stated 
that the receiving facility's burden of providing a manifest copy to 
generators would be exchanged for a large burden on generators (to 
figure out how to properly set up individual user accounts from a very 
confusing starting point of being required to provide a shared email 
address that cannot be used to set up those accounts) and on State 
regulators (to help generators navigate the account setup problem to 
handle assigning EPA ID Numbers to VSQGs) or at the expense of EPA's 
ability to incentivize generators to register for the e-Manifest 
system. Finally, one State commenter stated that elimination of Pages 2 
and 3 of the manifest form would facilitate lowering receiving 
facilities' burden by allowing the elimination of any need to mail or 
otherwise return final signed manifest copies to generators.
1. Background: Mailing Back Final Copies of Manifests
    The current manifest requirements under Sec. Sec.  264.71(a)(2)(iv) 
and 265.71(a)(2)(iv) require permitted and interim status treatment and 
storage facilities to mail final copies of paper manifests to 
generators if those generators do not yet have access (i.e., are not 
registered) to view their final manifests in the e-Manifest system.\8\ 
In

[[Page 60701]]

the NPRM, EPA cited that the e-Manifest Advisory Board stated in their 
2019 meeting and reiterated in their 2020 meeting that the inability or 
reluctance of generators to register in the e-Manifest system has 
caused lasting burden to receiving facilities because they must 
continue to incur the cost of mailing paper manifest copies to 
generators, in addition to submitting copies to EPA's e-Manifest 
system. To mitigate this problem, the Advisory Board recommended that 
EPA: (1) Mandate generators register for access to the e-Manifest 
system, and (2) design the system to generate automated emails that 
could notify and encourage generators to register for e-Manifest so 
that they can access their completed manifests in the system. The 
Advisory Board asserted automated email notifications could eliminate 
the need of receiving facilities to mail paper copies of manifests to 
generators and could incentivize generators to register in the e-
Manifest system for access to initiate fully electronic manifests or to 
view uploaded images of their paper manifests if they continue to track 
their shipments using paper. EPA accepts the Advisory Board's 
recommendations and considered proposals and requested comment on 
approaches in the NPRM that could reduce receiving facilities' burden 
and possibly increase electronic manifest adoption. The sections below 
detail the options considered in the NPRM.
---------------------------------------------------------------------------

    \8\ Currently, Sec. Sec.  264.71(a)(2)(iv) and 265.71(a)(2)(iv) 
can be satisfied if a generator initiates the manifest 
electronically in the e-Manifest system and thus will automatically 
receive the completed electronic manifest in its account once the 
designated facility electronically signs and submits the electronic 
manifest in the system. Generators who elect to use paper or hybrid 
manifests to track their hazardous waste may also register with the 
e-Manifest system and use their e-Manifest account to store and 
retrieve scanned copies of paper manifests in the system. In such 
instances, the generator will receive a scanned copy of the 
completed manifest in its account once the designated facility 
uploads the top copy (Page 1) of the paper manifest in the e-
Manifest system.
---------------------------------------------------------------------------

2. Discussion of Final Rule: Mailing Back Final Copies of Manifests
    EPA appreciates the numerous comments favoring the removal of the 
existing requirement under Sec. Sec.  264.71(a) and 265.71(a) that 
receiving facilities must mail the completed manifests to generators. 
EPA agrees with comments asserting that removal of the existing 
paragraph (a)(2)(iv) of these sections would improve e-Manifest 
functionality by allowing generators to receive final manifest copies 
from the system. Therefore, this final rule removes the existing final 
copy transmittal requirements at Sec. Sec.  264.71(a)(2)(iv) and 
265.71(a)(2)(iv) for designated receiving facilities and commercial 
storage and disposal facilities, respectively, to send paper copies of 
manifests to the generator.
    EPA is also making conforming changes to the manifest discrepancy 
requirements for hazardous waste rejected shipments and container 
residues at Sec. Sec.  264.72 and 265.72. EPA overlooked proposing 
changes in the NPRM for paragraph (g) of those sections. These manifest 
discrepancy regulations require a receiving facility to send signed 
copies of amended manifests for rejected waste or container residues to 
the generator or transporter, if a facility rejects a waste--or 
identifies a container residue that exceeds the quantity limits for 
``empty'' containers set forth in Sec.  261.7--after it has signed, 
dated, and returned a copy of the manifest to the delivering 
transporter or to the generator. This final rule makes conforming 
changes to Sec. Sec.  264.72(g) and 265.72(g) so that these sections 
are consistent with EPA's decision to finalize the proposed changes to 
paragraph (a)(2)(iv) under Sec. Sec.  264.71 and 265.71. The final rule 
also revises paragraph (g) to clarify that facilities must continue to 
send hazardous waste transporters amended copies of manifests for 
rejected waste shipments or container residues unless the transporter 
is registered with EPA's e-Manifest system. Registered transporters may 
obtain the signed and dated copy of an amended completed manifests from 
the EPA e-Manifest system in lieu of receiving the manifest through 
U.S. postal mail.
    In this final rule, the Agency is not finalizing its proposal to 
use generator email addresses collected on paper manifests to send 
completed copies of manifests to generators. Rather, in Sec.  
262.20(a), EPA is requiring large and small quantity generators (LQGs 
and SQGs) to register for the e-Manifest module in the RCRAInfo 
Industry Application to access completed copies of manifests.
    EPA is not requiring VSQG and PCB generators to register for the e-
Manifest module. VSQGs are generally exempt from the Federal manifest 
requirements and the EPA identification numbers and re-notification 
requirements, provided certain conditions described in Sec.  262.14 are 
met. EPA notes, however, a few RCRA authorized States administer their 
hazardous waste programs more stringently than the Federal program; 
thus, these States require VSQGs use manifests and obtain EPA ID 
numbers. PCB generators are required to use manifests under Federal law 
but are not required to obtain EPA ID numbers. If the VSQG or PCB 
generator has a registered user, receiving facilities may use the e-
Manifest system to send completed copies in lieu of sending completed 
manifest copies via postal mail. Otherwise, receiving facilities must 
continue to send completed manifests copies to unregistered VSQGs and 
PCB generators via postal mail. However, EPA notes that VSQGs and PCB 
generators can voluntarily register with e-Manifest. VSQG and PCB 
generators that have registered with e-Manifest can use their e-
Manifest account to store and retrieve their completed manifest copies 
from the EPA e-Manifest system; thus, receiving facilities would not be 
required to send completed manifest copies to registered VSQG and PCB 
generators via postal mail.
    EPA is not removing Page 2 (``Designated Facility to Generator'' 
Copy) of the manifest forms in this final rule because VSQGs and PCB 
generators who elect to not register with e-Manifest must continue to 
receive Page 2 of the manifest form or manifest continuation sheet to 
verify shipment receipt by the designated facility. EPA is, however, 
removing Page 3 (``Designated Facility'' Copy) in Sec.  262.21(f)(6) as 
this copy is redundant with the top copy that can be retained by the 
receiving facility, if needed.
    EPA's decision not to implement its proposed approach to use 
generator email addresses collected on paper manifests to send 
completed copies of manifests to generators is based on two factors. 
First, EPA is persuaded by several State and/or industry commenters 
asserting use of a recorded email address on the paper manifest may 
cause completed manifests to be misdirected or undelivered due to 
incorrect entry of the email addresses. Further, illegible handwritten 
email addresses recorded on manifests may prevent the EPA's paper 
processing center (PPC) from processing this recorded data properly in 
the system. Thus, causal effects of the generators' inability to verify 
receipt of their waste by the designated receiving facility may result 
in generators overreporting unverified shipments via exception 
reporting. Second, EPA accepts and agrees with opposing State 
commenters' viewpoint that providing copies of the final manifests 
directly to generators without requiring them to register for e-
Manifest will disincentivize generators to register for e-Manifest, 
thus reducing the likelihood or delaying the transition to electronic 
manifest adoption in the future.
    In lieu of its proposed approach, EPA is instead implementing its 
alternative approach in the NPRM to require LGQs and SQGs to register 
for e-Manifest. EPA is revising Sec.  262.20(a)(1) to reflect that LQGs 
and SQGs must obtain their manifests from the e-Manifest system rather 
than receive them from designated receiving facilities identified in 
Item 8 of manifests. The final rule also revises paragraph (a)(2) to 
indicate

[[Page 60702]]

that LQGs and SQGs, transporters, and receiving facilities must 
electronically submit manifest data corrections for their manifest 
records if they receive correction notifications from EPA or States 
requesting that manifest records must be corrected. The new post-
receipt manifest data correction requirements for generators are 
discussed in preamble section II.H.4.
    To obtain completed and signed manifests in the e-Manifest system, 
generators need to register personnel to access the manifest records 
for their site. EPA recommends that each generator site register at 
least two employees as Site Managers. The ``Site Manager'' permission 
level enables LQGs and SQGs to verify shipment receipts per Sec.  
262.42(a)(1) and (b), respectively, as well as satisfy the other 
electronic exception reporting and other mandatory reporting 
requirements (i.e., post-receipt manifest data corrections) established 
in this final rule. Generators should also designate a limited number 
of personnel with only ``Viewer'' permission levels in the e-Manifest 
module. Unlike the Site Manager permission level, persons with 
``Viewer'' permissions would be restricted to only accessing manifests 
in their registered accounts to verify that shipments arrived at 
designated facilities.\9\ In other words, the ``Viewer'' permission 
level would ensure LQGs and SQGs can verify shipment receipts by the 
receiving facility but would not afford them the ability to prepare and 
submit electronic Exception Reports (whether for electronic or paper 
manifests) in the event that a shipment cannot be verified. LQGs and 
SQGs must still verify receipt of their shipments by the designated 
receiving facilities per the exception reporting requirements under 
Sec.  262.42.\10\
---------------------------------------------------------------------------

    \9\ Ibid.
    \10\ For explanations regarding how to register and the 
different permissions available to users of the e-Manifest system, 
please refer to the EPA's e-Manifest user registration web page; 
https://www.epa.gov/e-manifest/e-manifest-user-registration.
---------------------------------------------------------------------------

    As mentioned previously, the EPA is not requiring registration for 
VSQGs and PCB generators who are required under Federal or State law to 
track their hazardous waste or PCB wastes, respectively, under a 
manifest. The EPA agrees with one commenter's claim that mandating all 
generators to register for access to their manifests in e-Manifest 
would also require VSQGs and PCB generators to obtain EPA ID numbers; 
these generators are not currently required to obtain EPA ID numbers, 
and they would not be able to access manifests for their site without 
one. VSQGs and PCB generators without EPA ID numbers generally record 
the generic identification number ``VSQG,'' or ``CESQG,'' or ``40 CFR 
PART 761'' on paper or hybrid electronic manifests, but this 
identification number is not suitable for locating manifests within e-
Manifest for a specific site. The EPA accepts the commenter's concern 
that such a requirement is a major departure from the current Federal 
program and extends beyond the scope of e-Manifest.
    Since VSQGs and PCB generators currently are not federally required 
to obtain EPA ID numbers, and the EPA has not provided VSQGs nor PCB 
generators adequate notice and opportunity to comment on a new 
notification requirement to obtain EPA ID numbers for e-Manifest 
purposes, this final rule does not require VSQGs nor PCB generators to 
register in the system to monitor manifest activity for their site. As 
mentioned previously, this final rule removes the existing final copy 
transmittal requirements at Sec. Sec.  264.71(a)(2)(iv) and 
265.71(a)(2)(iv). However, the EPA is not removing the existing 
requirement at section Sec.  761.213(a)(2)(iv) for designated receiving 
facilities and commercial storage and disposal facilities to send paper 
copies of manifests to PCB generators via postal mail; however, this 
final rule makes conforming changes to paragraph (a)(2)(iv) under Sec.  
761.213 for PCB manifest shipments. These Commercial storage and 
disposal facilities must continue to send signed and dated copies of 
(Page 2) of completed manifests and any continuation sheets to PCB 
generators who are exempt from obtaining an EPA ID number under the 
TSCA PCB manifest regulations. The changes also clarify that commercial 
storage and disposal facilities would not be required to send completed 
manifests to a PCB generator if the generator is registered in the 
EPA's e-Manifest system.
    Although the EPA is not requiring PCB generators register in the 
EPA's e-Manifest system, the EPA encourages those generators to 
register with e-Manifest so that receiving facilities and commercial 
storage and disposal facilities may transmit completed copies of 
manifests to them via the e-Manifest system. The EPA notes that while 
the final manifest return requirement is unchanged for VSQG and PCB 
generators, EPA may consider in a separate rulemaking whether to 
require them to obtain EPA ID numbers and thus register in the e-
Manifest system so that their manifest records can be accessed in their 
registered system accounts.
    The EPA is implementing the alternative approach to require LQGs 
and SQGs to register to receive completed manifests rather than 
implementing the proposed email option for several reasons. First, like 
the proposed email option, the alternate option ensures that LQGs and 
SQGs receive final manifest copies via the e-Manifest system, enables 
generators to access their manifests, and reinforces that images of 
paper manifests uploaded in the system are the primary source of 
information for all parties involved with the shipment. However, unlike 
the proposed option, completed manifests would not be misdirected or 
undelivered due to incorrect email addresses nor would paper manifest 
uploads be prevented due to illegible handwritten emails recorded on 
the manifests. In this final rule, LQGs and SQGs must register with the 
e-Manifest system and maintain an accurate email address in their 
registered accounts. Further, commenter's concerns regarding 
uncertainty of appropriate email use are unlikely under the alternative 
approach. Under the alternative approach, the generator companies' 
personnel who register in e-Manifest must use an individual email 
address to access their site's completed manifests in the system. The 
registered emails should not be shared with others. In other words, a 
person could not use a shared email address to register in the e-
Manifest system. Thus, commenter's concerns regarding receipt of the 
completed copy under the proposed email option are improbable under the 
alternative approach.
    Second, the EPA finds that mandating registration for LQGs and SQGs 
assists in implementing its final rule regarding integration of 
exception reporting in the e-Manifest system (see section II.D.4). 
Third, the EPA is persuaded by commenters' recommendation that entities 
(e.g., generators and designated receiving facilities) on a paper 
manifest must correct errors to the manifests, if the EPA or States 
identify and require corrections. Generators must be registered in e-
Manifest to make post-receipt corrections in the e-Manifest system; and 
thus, mandating registration for LQGs and SQGs enables implementation 
of this requirement.
    Fourth, the EPA is not persuaded by commenters' concerns about this 
alternative approach. Some opposing commenters indicated that some 
generators do not have adequate internet connections to register in e-
Manifest. The EPA believes it is nearly impossible to operate modern 
business in the U.S.--taking payments, reaching customers and/vendors, 
and otherwise

[[Page 60703]]

facilitating commerce--without internet service. The EPA accepts one 
industry commenter's recommendation that generators who do not have 
reliable internet connections or email accounts should plan to visit a 
nearby facility that has internet capabilities (e.g., a local business, 
municipal building, or community library) to access their manifests in 
e-Manifest. In addition, the EPA notes that email accounts are free, 
easy to establish, and nearly universal for businesses and commercial 
enterprises. However, to the extent that there are actually some 
generators who do not have adequate internet access, the EPA points to 
the Biden-Harris administration's announcement of the Broadband Equity 
Access and Deployment (BEAD) program in June 2023--a $42.45 billion 
grant program created in the Bipartisan Infrastructure Law and 
administered by the Department of Commerce--which was established to 
connect small businesses and families in the U.S. with reliable, 
affordable high-speed internet by the end of 2029. As part of the 
program announcement, the Biden-Harris Administration stated that with 
these allocations and other Biden administration investments, all 50 
States, DC, and the territories now have the resources to connect every 
resident and small business to reliable, affordable high-speed internet 
by 2030.\11\ Thus, the EPA finds that high-speed internet access should 
be more accessible in the future.
---------------------------------------------------------------------------

    \11\ https://www.whitehouse.gov/briefing-room/statements-
releases/2023/06/26/fact-sheet-biden-harris-administration-
announces-over-40-billion-to-connect-everyone-in-america-to-
affordable-reliable-high-speed-internet/
#:~:text=President%20Biden's%20American%20Rescue%20Plan,internet%20is
%20an%20eligible%20use.
---------------------------------------------------------------------------

    In addition, the EPA is not persuaded by the one opposing industry 
commenter's assertion that the alternative approach does not address 
the fundamental concern that waste handlers, particularly generators, 
are not able to universally adopt the e-Manifest program and thus 
should not be compelled to do so under any final rule. The EPA also is 
not persuaded by the State commenter stating receiving facilities' 
burden of providing a manifest copy to generators would be exchanged 
for a large burden on generators (to figure out how to properly set up 
individual user accounts from a very confusing starting point of being 
required to provide a shared email address that cannot be used to set 
up those accounts). The EPA points out that the current registration 
process for e-Manifest is similar to the current notification process 
for obtaining an EPA ID number, which LQGs and SQGs already must do 
according to the existing RCRA regulations under Sec.  262.18.
    The registration requirement established in this final rule only 
requires LQGs and SQGs to obtain accounts in the RCRAInfo application 
so that the generators can access their completed manifests in the e-
Manifest system using their registered accounts. Therefore, the new 
registration requirement is not intended to mandate generators use 
electronic manifests to track their waste shipments. In fact, 
registered generators may continue to opt out of completing and 
transmitting electronic manifests via the e-Manifest system and may 
continue to track their hazardous waste shipments using the paper 
manifest forms. The EPA acknowledges obtaining registered accounts with 
the e-Manifest system may cause incremental burden to generators. 
However, the EPA notes that approximately 63% and 50% of LQGs and SQGs, 
respectively, have registered users with access to the e-Manifest 
system and thus already satisfy the final rule requirement. Thus, the 
EPA believes that the benefits of registration for e-Manifest--
including receiving and retrieving manifests, electronic manifest-
related reporting, and post-receipt manifest data corrections--outweigh 
the costs of registering for access to the e-Manifest system. Regarding 
this commenter's concern about the shared email approach, the EPA notes 
its proposed shared email was not intended for user registration with 
e-Manifest and was only intended to provide manifest copies back to 
unregistered generators. However, as explained above in this preamble 
section, the EPA is not finalizing this approach.
    In response to other comments on this issue, the EPA does not 
accept one State commenter's recommendation that the EPA consider the 
addition of a new recordkeeping requirement that designated facilities 
retain the original paper manifest for three years if generators 
receive completed manifests by email or through accessing the e-
Manifest system. The EPA believes addition of such a requirement would 
significantly increase receiving facilities' regulatory recordkeeping 
burden, substantially reduce cost savings to receiving facilities, and 
would not move the needle towards improving the quality of manifest 
data captured in the system. Therefore, the EPA is sustaining its 
current policy that receiving facilities need only retain their on-site 
paper copy, which is now Page 1, until such time as a legible scanned 
image of the manifest is entered in the system and accessible to the 
facility in e-Manifest.
    The EPA acknowledges that the poor quality of paper manifest data 
captured in the system has adversely impacted compliance monitoring of 
waste shipments by the EPA and State regulators. However, the EPA 
continues to believe the best approach to dramatically improve data 
quality and compliance monitoring is use of electronic manifests rather 
than the continual use of paper manifests. However, the EPA appreciates 
the commenter's concern about manifest errors/omissions of data 
currently recorded on paper manifests and ultimately captured in the e-
Manifest system. Therefore, through this final rulemaking, the EPA has 
codified new manifest data correction requirements for paper and 
electronic manifests under parts 262, 263, 264, and 265 for generators, 
transporters, and permitted or interim status treatment, storage, and 
disposal facilities, respectively. The EPA has also made conforming 
changes to the proposed manifest data corrections requirements for PCB 
manifests under part 761, subpart K to align with the new manifest 
corrections requirements under the RCRA manifest regulations. The EPA 
believes these regulatory additions will significantly improve the data 
quality of paper manifests. The new manifest data corrections process 
and requirements are discussed in this final rule under preamble 
sections II.H.4 for hazardous waste and II.I.2 for PCB waste.
    Finally, the EPA appreciates one industry commenter's support for 
an alternative approach for an EPA website for unregistered generators 
to view their manifests if the EPA decides not to implement the 
proposed alternative option (required generator registration). However, 
the EPA is not persuaded to adopt this approach for a few reasons. 
First, the EPA did not provide generators adequate notice and 
opportunity to comment on using a website to verify shipment receipt by 
designated facilities. Second, the EPA believes this approach may have 
unintended consequences such as enabling access for entities not named 
on a manifest before the EPA's existing 90-day public release policy. 
Lastly, this approach would require system amendments that would bypass 
necessary security related to 90-day manifest information restrictions. 
Instead, the EPA is implementing the alternative approach to require 
LQGs and SQGs to register with e-Manifest to access completed manifests 
for their site.

[[Page 60704]]

    The EPA is not finalizing its proposal to remove Page 2 
(``Designated Facility to Generator'' Copy) of the manifest forms in 
this final rule. As explained above, the EPA is not requiring that 
VSQGs, nor certain PCB generators, register with e-Manifest to access 
completed manifests for their site. Therefore, VSQGs and PCB generators 
who elect to not register with e-Manifest must continue to receive Page 
2 of the manifest form or manifest continuation sheet to verify 
shipment receipt by the designated facility. Regarding the designated 
facility copy (Page 3), the EPA is persuaded by commenters favoring 
removal of Page 3 (``Designated Facility'' copy). The EPA agrees with 
commenters that this copy is no longer needed since a completed, top 
paper copy of the manifest which is uploaded to the e-Manifest system 
by the receiving facility can just be retained, if needed, by the 
receiving facility. Therefore, the EPA is revising Sec.  262.21(f)(5) 
through (7) in this final rule to align these provisions with the 
removal of the designated facility copy of the manifest form and 
manifest continuation sheet. The EPA is also revising the marginal 
words pre-printed in the bottom margins of Page 1 to read as follows: 
``Designated facility or U.S. Exporter to the EPA's e-Manifest 
system.'' These marginal words indicate copy distribution for Page 1 of 
the paper manifest form and reflect that an exporter is now required to 
supply the EPA the top copy via the e-Manifest system. Therefore, these 
provisions together announce the revised printing specification for the 
now four-copy paper manifest and continuation sheet paper forms, the 
revised copy distribution requirements to be printed on each copy of 
the form, and the revised specification for printing the appropriate 
manifest instructions on the back of the form copies. Specifically, the 
new four-copy manifest form (EPA Form 8700-22) and manifest 
continuation sheet (EPA Form 8700-22A) will be distributed as follows:
    Page 1 (top copy): ``Designated facility or U.S. Exporter to the 
EPA's e-Manifest system'';
    Page 2: ``Designated Facility to Generator'';
    Page 3: ``Transporter facility copy;'' and;
    Page 4: (bottom copy): ``Generator's initial copy.''
    The EPA is also revising paragraph (f)(7) by removing the words 
``and published to the e-Manifest program's website'' from the end of 
the first sentence of the paragraph. The EPA does not publish the 
manifest forms to its website. Therefore, the statement that the EPA 
publishes them on our website is inaccurate and misleading. Paper 
manifests must be obtained from an EPA authorized printing source and 
cannot be obtained from the EPA's Manifest Registry nor e-Manifest 
website.\12\
---------------------------------------------------------------------------

    \12\ The four-copy paper manifest and manifest continuation 
sheet may be obtained from one of the EPA approved sources 
authorized by the EPA to produce and sell the forms. See the EPA's 
web page at https://www.epa.gov/hwgenerators/approved-registered-printers-epas-manifest-registry.
---------------------------------------------------------------------------

D. Exception Report Requirements

1. Background: Exception Reports
    Exception Reports are intended to address the situation in which 
the generator does not receive timely confirmation that their hazardous 
or PCB wastes, tracked with a manifest, arrived at the facility 
designated by the generator to receive its waste. Exception Reports are 
required in the Federal regulations at Sec.  262.42 (Hazardous Waste) 
and Sec.  761.217 (PCBs). For LQGs and all PCB waste generators, 
exception reporting is a two-step process under the existing 
regulations. In the first step, if the generator has not received the 
signed, returned copy of the manifest from the designated facility 
within 35 days from the date the transport of the waste shipment began, 
the generator must contact the transporter and/or the designated 
facility to determine the status of the generator's waste and document 
their efforts. In the second step, if the status of that waste is not 
resolved within 45 days (from the start of transport), the generator 
must file an Exception Report with their EPA Regional Administrator (or 
State Director in authorized States). The Exception Report, as 
currently implemented by regulation, is a written report that consists 
of: (1) A legible copy of the manifest for which the generator does not 
have confirmation of delivery; and (2) a cover letter signed by the 
generator explaining its efforts to locate the waste and the results of 
those efforts. There is a similar exception reporting requirement 
applicable to SQGs at Sec.  262.42(b), except that SQGs do not have to 
initiate contact before 35 days and have an additional 15 days (60 days 
total) to reconcile the status of their waste before an Exception 
Report must be submitted. SQGs must provide a legible copy of the 
manifest with some indication that the generator has not received 
confirmation of delivery (a separate cover letter is not required for 
SQGs).
2. What EPA Proposed on This Issue: Exception Reports
    During the e-Manifest Advisory Board meeting in June 2019, titled 
``Increasing Adoption of the e-Manifest system,'' the Advisory Board 
recommended that EPA integrate Exception Reports into the e-Manifest 
system. EPA accepted the Advisory Board's recommendation and proposed 
in the NPRM regulatory amendments to the existing Exception Report 
requirements in Sec.  262.42 by adding new paragraphs (d) and (e) and 
amending Sec.  761.217 by adding new paragraphs (c) and (d). The 
proposed paragraph (d) under Sec.  262.42 and paragraph (c) under Sec.  
761.217 establish the legal and policy framework for the use of 
electronic Exception Reports for hazardous waste and PCB waste, 
respectively. Under the proposal, Exception Reports originating in the 
e-Manifest system would be considered the legal equivalent of paper 
Exception Reports signed with conventional ink signatures. Further, 
wherever the existing regulations require an Exception Report to be 
completed, signed, provided, and sent to the EPA Regional Administrator 
(or the State Director in authorized States), the execution of an 
electronic Exception Report would be deemed to comply with the 
requirements to complete, sign, provide, send, or otherwise use the 
Exception Report.
    The proposed regulatory amendments would not apply to exporters of 
waste shipments subject to the manifest requirements. Exporters must 
file export Exception Reports, in lieu of the requirements of Sec.  
262.42, according to the existing requirements specified at Sec.  
262.83(h). Electronic export Exception Reports under Sec.  262.83(h) 
will be developed as part of the WIETS module in the RCRAInfo Industry 
Application (see section below on changes to related international 
shipment requirements for further details).
    Under Sec. Sec.  262.42(e) and 761.217(d), EPA proposed to restrict 
electronic exception reporting to manifested shipments using electronic 
manifests (hybrid or fully electronic) pursuant to Sec.  262.24(c). 
This was proposed because in order to leverage the e-Manifest system to 
assist with exception reporting, the system must ``know'' the date of 
shipment from the generator. When an electronic manifest is used, this 
information is readily available. Conversely, paper manifests are not 
submitted to the e-Manifest system until after the signed, final 
manifest is uploaded and submitted by the receiving facility, rendering 
it impossible for the system to identify

[[Page 60705]]

paper manifests initiated by the generator but not yet completed by the 
receiving facility.
    For hybrid manifests, a generator would be required to register for 
e-Manifest to take advantage of electronic exception reporting in the 
e-Manifest system. EPA also requested comment on whether all generators 
should be required to register for access to the e-Manifest system (see 
preamble section II.C for a discussion of requiring generators to 
register).
    EPA explained in the proposed rule that that Agency was not 
proposing to collect, and upload written, paper-copies of Exception 
Reports in the e-Manifest system. EPA stated that maintaining paper 
Exception Report submissions would be more expensive and thus would 
result in the need for EPA to contemplate a distinct or additional fee 
premium related to entering Exception Reports into e-Manifest to ensure 
related costs are recovered. Therefore, to avoid incurring costs 
related to paper processing and data entry activities necessary to 
enter the Exception Report information into the e-Manifest system, EPA 
would require LQGs and SQGs who use paper manifests to comply with the 
existing exception reporting requirements at Sec.  262.42(a) and (b) 
respectively for written, hard copy Exception Reports sent to EPA or 
the authorized State.
    Under the proposed approach for electronic exception reporting, the 
NPRM explained that EPA would upgrade the e-Manifest system's 
functionality to alert LQGs and SQGs based on their notified Federal 
generator category, as well as PCB waste generators, if a receiving 
facility designated on their manifests had not submitted final, signed 
manifests to the system for confirmation of delivery within the 
required timeframes at Sec. Sec.  262.42(a)(1), 262.42(b), or 
761.217(a)(1), respectively. Additionally, the system could alert the 
respective receiving facility on the manifest. The system would allow 
generators to submit Exception Reports electronically (for hybrid and 
fully electronic manifests) and disseminate the Exception Report to the 
relevant EPA Region or the authorized State Agency. LQGs and PCB waste 
generators would still be required to contact the transporter and/or 
the owner or designated facility per Sec. Sec.  262.42(a) or 761.217(a) 
to determine the status of the hazardous or PCB waste and provide an 
explanation of their efforts to locate the hazardous or PCB waste and 
the results of those efforts. Such generators, however, would not be 
required to mail the report to EPA or the States, but instead would be 
required to submit the report electronically to the e-Manifest system 
(to which EPA and States have access).
    EPA also proposed to revise the current 35/45-day timeframes for 
LQGs in Sec. Sec.  262.42(a) and (c)(2), and 761.217(a) and (b) to 
better conform to timeframes for submittal and processing of paper 
manifests in the e-Manifest system. For example, for entities using 
paper manifests, receiving facilities have 30 days from receipt of a 
generator's shipment to submit the final, signed paper manifest to EPA. 
In addition, EPA's PPC needs time to enter data, e.g., from image 
copies of paper manifests, especially if the paper manifests contain 
incorrect, illegible, or incomplete data. Thus, the Agency realized 
that LQGs may not be able to access the final, signed paper manifest in 
e-Manifest until past the first 35-day exception reporting timeframe in 
the regulations.
    Therefore, EPA proposed that all LQGs have five additional days to 
verify receipt of the shipment, reconcile the late manifests with the 
transporter and/or destination facility, and complete and submit 
Exception Reports to the EPA Regional Administrator or authorized 
State. Under the proposed amendments, LQGs and PCB waste generators 
would have up to 40 days to verify that their waste was received by the 
facility designated on the manifest. The 40-day timeframe would begin 
from the date the manifest was accepted by the initial transporter for 
off-site transportation; if an LQG did not receive notification from 
the e-Manifest system that the final, signed manifest was received 
within this timeframe, then the LQG would be required to contact the 
transporter and/or the designated facility to determine the status of 
the waste. If the status of the shipment is not resolved within 50 days 
(from the start of transport), then the LQG must file an Exception 
Report with the EPA Regional Administrator or authorized State. EPA did 
not propose any changes to the timeframe for SQGs to verify receipt of 
their shipments by the destination facility (Sec.  262.42(b)).
3. Description of Public Comments: Exception Reports
    Commenters unanimously supported the idea of integrating exception 
reporting into the e-Manifest system; however, some commenters did not 
fully agree with or support certain aspects of EPA's proposed approach 
for the implementation of electronic exception reporting. One commenter 
supported the proposal because it would allow for a uniform submission 
format that is efficient and quick to process and allow for greater 
transparency between all impacted parties. Another commenter noted that 
use of electronic exception reporting would both eliminate paper 
processing and consolidate all manifest-related communications within 
the e-Manifest system, thereby enhancing utility to the regulated 
community and allowing for easier access to these records for 
regulators.
    Commenters were not in agreement on EPA's proposal to restrict 
electronic exception reporting to manifested shipments using electronic 
manifests (hybrid or fully electronic). Some commenters noted that 
requiring offline submission (i.e., paper submission) of Exception 
Reports for paper manifests was counter to the e-Manifest Program's 
goal of burden reduction. They also noted that, currently, electronic 
manifests comprise a very small fraction of all manifests and that 
limiting exception reporting to only electronic manifests would not 
incentivize generators to register and use the e-Manifest system. EPA, 
instead, should, require generators to register with the e-Manifest 
system. The commenter further stated that EPA should amend the 
regulations to require registered generators to submit electronic 
Exception Reports whenever they do not receive a notification from the 
e-Manifest system of a completed manifest within the required 
timeframe. The commenter asserted that the responsibility should 
clearly be on the generator to monitor the manifests and determine if, 
and when, an Exception Report should be electronically filed.
    Three commenters generally agreed with EPA's proposal to adjust the 
exception reporting timeframes; however, these commenters also 
suggested that EPA consider aligning the exception reporting timeframe 
for both LQGs and SQGs to make the timeframes the same. One commenter 
added that the risk presented by each shipment cannot be assumed by the 
`size' of the generator, and the exception reporting timeframe 
differential serves only to add unnecessary complexity to generators 
attempting to understand if, and when, they must file an Exception 
Report.
    Two commenters stated that they do not believe that modifying the 
exception reporting timeframe is necessary. One commenter noted that as 
more handlers adopt electronic manifesting, the time to identify issues 
with shipments should decrease, not increase. Another commenter 
asserted that increasing the timeframe would disincentivize receiving 
facilities to complete data

[[Page 60706]]

entry in a timely manner and add to existing e-Manifest data quality 
issues.
4. Discussion of Final Rule: Exception Reports
    EPA appreciates the numerous comments favoring integration of 
exception reporting into e-Manifest to allow generators to submit 
Exception Reports electronically. EPA also appreciates comments 
recommending that EPA not restrict usage of electronic exception 
reporting to electronic manifests that originate in the system. The 
Agency agrees with commenters who assert that allowing users of paper 
manifests to submit electronic Exception Reports would decrease the 
amount of paper processing required by States and provide a unified 
format for reporting regardless of the manifest type (i.e., paper or 
electronic). Therefore, EPA is not finalizing the proposed addition of 
new paragraph (e) to Sec.  262.42 to restrict electronic exception 
reporting to manifested shipments using electronic manifests. EPA is 
finalizing revisions to allow LQGs and SQGs to submit electronic 
exception reporting in e-Manifest for both paper and electronic 
manifests. However, EPA is delaying implementation of the electronic 
exception reporting requirements under Sec.  262.42(a) and (b) until 
December 1, 2025. Prior to December 1, 2025, LQGs and SQGs must 
continue to supply Exception Reports directly to EPA Regional 
Administrators or authorized States via postal mail. However, beginning 
on December 1, 2025, LQGs and SQGs must comply with the electronic 
reporting requirements discussed below, including the requirement that 
LQGs and SQGs must submit Exception Reports directly in EPA's e-
Manifest system. Beginning December 1, 2025, LQGs and SQGs will no 
longer have the option to supply written, paper Exception Reports to 
the EPA Regional Administrators or authorized States via postal mail.
    EPA is modifying existing Sec.  262.42(a)(2) and (b) to require 
LQGs and SQGs to submit Exception Reports to the e-Manifest system in 
lieu of supplying them directly to Federal or State regulatory 
agencies. The final rule also revises paragraph (a) by removing the 
existing requirement that LQGs must sign the cover letter of an 
Exception Report ``by hand''. A separate cover letter is no longer 
necessary since an explanation of the efforts taken to locate the 
hazardous waste and the results of those efforts will be prepared 
directly in EPA's e-Manifest system as part of the electronic Exception 
Report. The final rule also revises paragraph (b) to clarify that VSQGs 
that meet the conditions under Sec.  262.232(a) for managing hazardous 
waste from an episodic event may continue to submit the Exception 
Reports directly to EPA or the States in lieu of submitting them via 
the e-Manifest system. The final rule also finalizes the proposed 
additions of Sec.  262.42(d)(3) and (4) in this final rule. However, 
these new requirements are codified under Sec.  262.42(d) as new 
paragraphs (d)(1) and (2). New paragraphs (d)(1) and (2) clarify that: 
(1) Retention of electronic Exception Reports in the e-Manifest system 
satisfy any requirement for a generator to keep or retain a copy of an 
Exception Report; and (2) Generators may not be held liable for the 
inability to produce an Exception Report through the e-Manifest system 
for inspection if the report is inaccessible due to the system being 
down and thus a denial of services occurs.
    For shipments accompanied by paper manifests, LQGs and SQGs must 
prepare the Exception Reports according to Sec.  262.42(a)(2) and (b), 
respectively, by uploading an image file of their initial copy of the 
manifest (Page 4 of the new manifest form) for which the generator does 
not have confirmation of delivery and entering select information from 
the manifest. LQGs must also provide an explanation in the e-Manifest 
system describing the efforts the LQG has taken to locate the waste 
shipment and the results of those efforts. Per revised Sec.  262.42(b), 
SQGs only need to upload an image file of their initial copy of the 
manifest along with a statement that the return copy was not received. 
EPA notes that the PPC will not process the image file of the manifest 
uploaded by the generator for the Exception Reports as these manifests 
are not the final, completed copies that receiving facilities must 
submit to the system to satisfy the paper manifest submission 
requirements under Sec. Sec.  264.71(a)(2)(v)(B) and 265.71(a)(2)(v)(B) 
for hazardous waste and Sec.  761.213(a)(2)(v) for PCB waste. For fully 
electronic and hybrid manifests, the generator will be able to use the 
information already in the e-Manifest system to fill out the electronic 
Exception Report. EPA will provide access to Exception Reports to EPA 
and State personnel through the e-Manifest system.
    EPA notes that only generators with an EPA ID number and a 
registered user for access to e-Manifest will be able to submit an 
Exception Report electronically. Federally, EPA only requires LQGs and 
SQGs to submit Exception Reports, and these generators are already 
required to have an EPA ID number and, with today's rule, are now 
required to have a registered user (see section II.C for further 
discussion on the requirements for generators to register). To submit 
electronic Exception Reports, generators will need a registered user 
with at least Certifier level permissions in the e-Manifest module (a 
permission level that currently requires identity proofing and an 
electronic signature agreement).
    PCB generators are subject to exception reporting requirements 
under Sec.  761.217; however, PCB generators are not currently required 
to obtain an EPA ID number or register for access to e-Manifest. PCB 
generators, however, who choose to obtain an EPA ID number and register 
for e-Manifest can also choose to submit electronic Exception Reports 
through the e-Manifest system. In lieu of having an EPA ID number and a 
registered user, a PCB generator must continue to submit paper reports 
to the EPA Regional Administrator.
    EPA is persuaded by comments asserting that EPA should take this 
opportunity to streamline the exception reporting timeframes and remove 
unnecessary complexity in the regulations. The Agency believes that a 
uniform exception reporting timeframe for all generators, regardless of 
their status (i.e., LQG, SQG), would benefit all parties. Therefore, 
EPA is amending the proposed timeframes for which an LQG or PCB 
generator must initiate contact with other parties on a manifest to 
determine the status of the waste shipment. The finalized revisions 
under Sec. Sec.  262.42(a)(1) and 761.217(a)(1) for LQG and PCB 
generators, respectively, state that the generator must contact the 
transporter and/or the owner or operator of the designated facility 
within 45 days to determine the status of the hazardous waste after not 
receiving a final copy of the manifest. This is an additional 10 days 
beyond the proposed 35-day requirement. (SQGs are not subject to this 
requirement in the existing regulations.) The final 45/60-day 
timeframes for LQGs and PCB generators provide additional time for the 
receiving facility to submit final copies of the manifest to the e-
Manifest system and for the EPA paper processing center to enter the 
paper manifest, if necessary, in order for the generator to receive its 
final copy. The 45/60-day timeframes also serve to simplify the 
exception reporting regulations for generators: all generators must 
submit an Exception Report after 60 days. EPA has also made a 
conforming change to Sec. Sec.  262.42(c)(2) and 761.217(b)(2) to 
reflect the 45/60-day timeframe. EPA notes that the Agency is not 
delaying compliance of the new 45/60-day exception reporting timeframes 
for LQGs and PCB

[[Page 60707]]

generators to submit Exception Reports. Thus, these new timeframes 
shall apply on the final rule's effective date, January 22, 2025.

E. Discrepancy Report Requirements

1. Background
    The regulations governing manifest discrepancies are at Sec. Sec.  
264.72, 265.72, and 761.215. The manifest form enables the receiving 
facility to flag several types of ``discrepancy'' events on the 
manifest. Under the existing regulations and on the manifest form, the 
designated facility must check boxes in the discrepancy field (Item 18) 
when the designated facility finds or produces one of these shipment 
irregularities:
    [ssquf] Significant differences in the quantity of waste shown on 
the manifest as having been shipped, and what the designated facility 
determines to have been received. By regulation, significant quantity 
discrepancies occur when there is any variation in piece count (e.g., 
four drums received instead of five), as well as when there is a 
variance of 10% or more by weight for any bulk or batch wastes shipped 
on a manifest.
    [ssquf] Significant differences between the type of waste shown as 
shipped and what the designated facility received. Significant type 
discrepancies are defined as obvious differences which can be 
discovered by inspection or waste analysis, such as a solvent 
substituted for an acid, or toxic constituents that were not listed on 
the manifest.
    [ssquf] A full rejection by the designated facility of an entire 
waste shipment, which typically occurs when the materials received do 
not meet the facility's waste acceptance criteria, or, when the 
facility lacks the capacity to manage the waste.
    [ssquf] A partial rejection of waste, which occurs when a facility 
rejects some portion of the wastes shipped to it on the manifest but 
accepts some other portion at its facility.
    [ssquf] Container residues, meaning that the facility could not 
remove all the waste from a container (e.g., drum or rail car), and the 
amount that remains in the container is sufficient to cause the residue 
to be considered a regulated hazardous waste.\13\
---------------------------------------------------------------------------

    \13\ The Federal RCRA regulation at 40 CFR 261.7 specifies 
criteria for determining when a container is ``empty'' or when the 
residues are sufficient to render them non-empty and thus regulated 
hazardous wastes.
---------------------------------------------------------------------------

    While five types of discrepancies can be checked off on the 
manifest form, only significant discrepancies in quantity and type are 
treated as major irregularities requiring additional, separate 
reporting requirements. The RCRA regulations refer to these reporting 
requirements as Discrepancy Reports. Under the existing Federal 
regulation, Sec. Sec.  264.72, 265.72, and 761.215 provide a two-step 
process for handling significant quantity and type discrepancies in 
hazardous and PCB waste shipments, respectively. First, upon 
discovering a significant quantity or type discrepancy, the receiving 
facility must attempt to reconcile the discrepancy with the generator 
or transporter. Second, if the significant discrepancy remains 
unresolved on the date 15 days after receipt of the waste, the 
receiving facility must immediately send a letter to the EPA Regional 
Administrator or to the authorized State describing the discrepancy and 
attempts to reconcile it. This letter report must also include a copy 
of the manifest at issue.
    During the June 2019 Advisory Board meeting, the Advisory Board 
recommended that EPA integrate Discrepancy Reports into the e-Manifest 
system. EPA accepts the Advisory Board's recommendation and believes 
integration of Discrepancy Reports in the e-Manifest system would 
reduce paperwork burden and may incentivize users to transition to 
fully electronic or hybrid manifests by increasing the value of the 
system. Accordingly, in the NPRM, EPA proposed two changes related to 
Discrepancy Reports.
2. What EPA Proposed on This Issue: Discrepancy Reports
    In the NPRM, EPA proposed changes to integrate Discrepancy Reports 
with the e-Manifest system by adding requirements under Sec. Sec.  
264.72(c) and 265.72(c) (Hazardous Waste) and 761.215(c) (PCBs) that 
would address the legal equivalency of the electronic reports to the 
written, paper reports and allow for electronic discrepancy reporting 
for wastes shipped on electronic or hybrid manifests. The proposed new 
Sec. Sec.  264.72(c)(1) and (2), 265.72(c)(1) and (2), and 
761.215(c)(1) and (2) establish that wherever the existing regulations 
require a Discrepancy Report to be completed, signed, and sent to the 
EPA Regional Administrator (or the authorized State), the execution of 
an electronic Discrepancy Report in the national e-Manifest system 
would be deemed to comply with the requirements to complete, sign, 
provide, send, or otherwise use the Discrepancy Report.
    EPA proposed to allow electronic reporting of Discrepancy Reports 
to all manifest types, including paper manifests (which are submitted 
to the system as image only or image plus data) and electronic 
manifests. EPA believes this approach is appropriate for discrepancy 
reporting because Discrepancy Reports must be completed by receiving 
facilities, and receiving facilities already are registered in the e-
Manifest system, e.g., for billing purposes.
    However, EPA acknowledged in the NPRM the challenges with 
electronic discrepancy reporting for paper manifests. The existing 
regulations currently require receiving facilities to submit final, 
signed manifests to EPA, or the authorized State, within 30 days after 
a shipment is received. In addition, time is needed for EPA's PPC to 
process paper manifests, which can be extended due to data quality and 
submission errors. Consequently, facilities may be unable to submit the 
final, signed paper manifests to the e-Manifest system until past the 
15-day discrepancy reporting timeframe in the existing regulations. A 
receiving facility then would be required to submit a written report to 
the EPA or State. To mitigate this issue, EPA proposed revisions to 
Sec. Sec.  264.72(c) and 265.72(c) to adjust the current 15-day 
reporting timeframe for significant discrepancies to allow receiving 
facilities up to 20 days to reconcile a shipment with the generator 
and/or transporter for such discrepancies. EPA's proposed timeframe is 
also consistent with the average number of days that pass before 
receiving facilities upload copies of paper manifests to the e-Manifest 
system. The proposed 20-day timeframe would begin at the date of 
receipt of the shipment by the receiving facility and would apply to 
users of both paper and electronic manifests.
    EPA requested comment on whether EPA should limit electronic 
discrepancy reporting only to electronic manifests (i.e., fully 
electronic or hybrid). EPA also requested comment on other approaches 
that should be considered for electronic discrepancy reporting 
associated with digital copies of paper manifests.\14\
---------------------------------------------------------------------------

    \14\ 87 FR 19290 at page 19305.
---------------------------------------------------------------------------

    EPA also requested comment on an alternate approach that would 
eliminate the requirement to submit Discrepancy Reports altogether, and 
instead, address discrepancy events through the e-Manifest corrections 
process. Under this approach, receiving facilities or EPA's PPC would 
upload/enter discrepancies identified under Item 18. Generators would 
receive alerts regarding Item 18 discrepancies, review the final 
manifest in e-Manifest, and submit post-receipt manifest corrections. 
Thus, disagreements would be worked out by handlers via the current e-
Manifest

[[Page 60708]]

corrections process in lieu of a formal Discrepancy Report to Federal 
or State regulators. All manifest corrections would be available to 
regulators through e-Manifest.
3. Description of Public Comments: Discrepancy Reports
    Most commenters supported the Agency proposal to integrate 
Discrepancy Reports with the e-Manifest system to allow receiving 
facilities to fulfill their discrepancy reporting requirement 
electronically. Commenters stated that such changes would help to 
facilitate more effective communication between the receiving facility 
and the generator. Another commenter remarked that electronic 
Discrepancy Reports would be more efficient and fulfill all the 
environmental protection needs currently met by hard copy reports. Most 
commenters opposed limiting electronic Discrepancy Reports to only 
manifests that originated in the e-Manifest system (fully electronic 
and hybrid manifests). Commenters reasoned that receiving facilities 
have all the necessary information available in their systems, 
regardless of the manifest submission type, and should be able to file 
Discrepancy Reports electronically.
    Two commenters supported the alternate proposed approach of 
eliminating formal Discrepancy Reports and, instead, relying solely on 
the e-Manifest corrections process to address discrepancies. These 
commenters reasoned that such an approach would reduce reporting 
burdens, and the corrections process is well suited to track and 
resolve discrepancies as receiving facilities already use the 
corrections process to address most discrepancies. The commenter also 
remarked that eliminating the Discrepancy Reports underscores the need 
for EPA to require generators to register with the e-Manifest system 
and delivers benefits to both State agencies and the regulated 
community. One of the two commenters that generally supported the 
alternate approach to eliminate formal discrepancy reporting also 
concluded that the approach does not address scenarios in which 
disagreements cannot be resolved by the relevant waste handlers.
    Two commenters opposed the alternate approach to eliminate 
discrepancy reporting. One opposing commenter reasoned that discrepancy 
corrections must be easily identified, tracked, investigated, and 
evaluated by State and EPA enforcement personnel and a requirement for 
a formal acknowledgement of discrepancies should be retained. The other 
commenter urged EPA not to adopt the alternate approach stating that 
Discrepancy Reports serve a vital function of indicating critical 
compliance issue(s) with the generator or receiving facility and often 
serve as a clue of improper waste management or shipment of hazardous 
waste to facilities that cannot safely handle it. This commenter also 
stated that the alternate approach would cause regulatory agencies to 
spend considerable time and effort searching the e-Manifest system for 
numerous manifest corrections to determine if any indicate a larger 
compliance or systemic issues and could result in many hazardous waste 
management problems going unresolved.
    Commenters generally supported the Agency's proposal to allow 
receiving facilities an additional 5 days to submit electronic 
Discrepancy Reports to the e-Manifest system. One commenter supported 
EPA's proposal to allow up to 20 days to reconcile discrepancies 
stating that the extra 5 days would allow for much needed extra time to 
resolve issues with unresponsive generators. The commenter requested 
that EPA clarify that the requirement is measured in calendar days, not 
business days.
    Another commenter stated concern that some TSDF permits have a 15-
day timeline incorporated into the permit conditions, potentially 
creating a reporting conflict with the proposed 20-day timeline. The 
commenter requested a transition period be created requiring permitted 
facilities to adhere to their current permit requirements until such 
time as the permit is modified or renewed to incorporate the new 
manifest discrepancy reporting timeframe.
4. Discussion of Final Rule: Discrepancy Reports
    EPA appreciates the numerous comments favoring integration of 
Discrepancy Reports into e-Manifest to allow receiving facilities to 
submit reports electronically. In this final rule, EPA is finalizing 
most of the proposed revisions and additions to Sec. Sec.  264.72(c), 
265.72(c) (Hazardous Waste) and 761.215(c) (PCB Waste). This final rule 
modifies existing paragraph (c) of those sections by requiring that a 
receiving facility must submit a Discrepancy Report to the e-Manifest 
system in lieu of submitting written reports to Federal or State 
regulatory agencies. This requirement applies to both paper and 
electronic manifests. EPA is delaying implementation of the electronic 
discrepancy requirements under Sec. Sec.  264.72(c) and 265.72(c) for 
Federal or State-regulated hazardous waste and under 761.215(c) for 
TSCA PCBs for electronic discrepancy reporting until December 1, 2025. 
Prior to December 1, 2025, receiving facilities of Federal or State-
regulated hazardous waste and commercial disposal or storage facilities 
of TSCA PCB waste must continue to supply Discrepancy Reports directly 
to EPA Regional Administrators or authorized States via postal mail., 
Beginning on December 1, 2025, however, TSDFs must comply with the 
electronic reporting requirements in this final rule. Beginning 
December 1, 2025, receiving facilities of RCRA Federal or State-
regulated hazardous waste and commercial disposal or storage facilities 
of TSCA PCB waste must submit Discrepancy Reports directly in EPA's e-
Manifest system. Beginning December 1, 2025, these facilities will no 
longer have the option to supply written, paper Discrepancy Reports to 
the EPA Regional Administrators or authorized States via postal mail.
    EPA is also revising the timeframe requirement under paragraph (c) 
from 15 days to 20 days after receipt of shipment for when Discrepancy 
Reports must be submitted by the receiving facility. EPA agrees with 
commenters who support the proposed extension in timing to more align 
with typical timeframes needed by receiving facilities to upload final 
paper manifests to EPA's e-Manifest system. In response to a comment 
requesting that EPA clarify whether we mean 20 calendar days or 
business days, EPA confirms that the 20-day period in this regulation 
means 20 calendar days. The 20-day timeframe would begin at the date of 
receipt of the shipment by the receiving facility. This timeframe 
applies to users of both paper and electronic manifests. EPA notes that 
the Agency is not delaying compliance of the new 20-day timeframe for 
receiving facilities to submit Discrepancy Reports. Thus, this new 
discrepancy reporting timeframe will apply on the final rule's 
effective date, January 22, 2025.
    Receiving facilities that are required in their permit to submit 
Discrepancy Reports 15 days after receipt of shipment must continue to 
comply with that 15-day timeframe unless or until their permit is 
modified.
    EPA notes that the revisions and additions to paragraph (c) do not 
change the manifest discrepancy reconciliation procedures specified in 
paragraph (c). Thus, upon discovering a significant difference in 
quantity or type for Federal hazardous and PCB waste and State-only 
regulated waste shipments, the owner or operator of the receiving 
facility must attempt to reconcile the discrepancy with the generator 
or

[[Page 60709]]

transporter by the timeframe specified under Sec. Sec.  264.72(c) and 
265.72(c) for hazardous waste shipments and 761.215 for PCB shipments. 
If a facility must prepare a Discrepancy Report for an irregular 
shipment using a paper manifest, the facility must upload the image 
file of the top copy of the manifest (Page 1 of the new manifest form) 
and must provide an explanation in EPA's e-Manifest system detailing 
the efforts taken to reconcile the manifest discrepancy(s). The 
Discrepancy Report will include the manifest tracking number so that 
the report can be connected to the manifest when submitted prior to the 
paper manifest submission deadline. EPA notes that Discrepancy Reports 
submitted in this manner satisfy the discrepancy reporting requirements 
under Sec. Sec.  264.72(c), 265.72(c), and 761.215(c). However, the e-
Manifest PPC will not process the image file of the paper manifest used 
for the Discrepancy Report. To satisfy the paper submission requirement 
for hazardous waste and PCB waste under sections Sec. Sec.  
264.71(a)(2)(v)(B), 265.71(a)(2)(v)(B), and 761.213(a)(2)(v), 
respectively, facilities must still upload the image file of the 
manifest and any continuation sheet, or upload both a data file and the 
image file corresponding to the manifest and any continuation sheet 
within 30 days of delivery of the waste shipment. For fully electronic 
and hybrid manifests, the receiving facility will be able to use the 
information already in the e-Manifest system to fill out the electronic 
Discrepancy Report. The e-Manifest system will make Discrepancy Reports 
available to State and EPA personnel through RCRAInfo upon completion.
    This final rule does not codify the proposed addition of paragraphs 
(c)(1) through (4) under Sec. Sec.  264.72 and 265.72. These proposed 
provisions prescribed the conditions under which electronic Discrepancy 
Reports are the full legal equivalent of written, paper Discrepancy 
Reports and satisfy record retention requirements for all RCRA 
purposes. As explained above, this final rule removes the existing 
requirements under which receiving facilities can supply Discrepancy 
Reports directly to EPA or States via postal mail. However, unlike 
Exception Reports, there is no separate recordkeeping requirement for 
receiving facilities to keep these reports. Therefore, the proposed 
additions of paragraphs (c)(1) through (4) are no longer needed. EPA 
notes that the revisions to paragraph (c) do not change the manifest 
discrepancy reconciliation procedures specified in paragraph (c).
    EPA is also making conforming changes to the discrepancy reporting 
requirement under part 270, subpart C regarding RCRA permits (40 CFR 
270.30(l)(7)). EPA did not propose changes to Sec.  27.30(l)(7) in the 
NPRM. However, as explained above, this final rule revises the manifest 
discrepancy requirements under Sec.  264.72. Therefore, this final rule 
makes conforming changes to the manifest discrepancy requirements under 
Sec.  270.30(l)(7) so that they are consistent with the revisions to 
Sec.  264.72(c) regarding the conditions under which the permitted 
facility must submit Discrepancy Reports to EPA via the EPA e-Manifest 
system in lieu of supplying hard copy reports to Federal or State 
regulatory agencies via postal mail.
    In the final rule, EPA is not persuaded by comments supporting 
adoption of the alternative approach that would eliminate the 
requirement for Discrepancy Reports altogether. As mentioned 
previously, the alternative approach would address/resolve significant 
discrepancy events through the current e-Manifest manifest data 
corrections process in lieu of a formal Discrepancy Report to Federal 
or State regulators. EPA accepts State commenters' opposition to the 
alternative particularly the one State commenter who asserted that the 
e-Manifest corrections process does not fulfill the necessary 
requirements for all scenarios that the Discrepancy Report supports, 
such as when the generator and receiving facility cannot come to an 
agreement through the e-Manifest corrections process. EPA agrees with 
State commenters that asserted, in these instances, the Discrepancy 
Report acts as a crucial piece of evidence for State and Federal 
regulators. EPA also accepts one State commenter's concern that 
superseding the Discrepancy Report with the alternative approach would 
cause regulatory agencies to spend considerable time and effort 
searching the e-Manifest system for numerous manifest corrections to 
determine if any indicate a larger compliance or systemic issue and may 
result in many hazardous waste management problems going unresolved. 
Therefore, EPA is not eliminating the manifest Discrepancy Report.

F. Unmanifested Waste Report Requirements

1. Background: Unmanifested Waste Reports
    If a receiving facility accepts for treatment, storage, or disposal 
any hazardous waste from an off-site source without an accompanying 
manifest, or without an accompanying shipping paper, and is not 
excluded from the manifest requirements, then the owner or operator 
must prepare and submit an Unmanifested Waste Report to EPA. Under the 
existing regulations, the Unmanifested Waste Report must be submitted 
within 15 days of receipt and contain all the information required 
under Sec. Sec.  264.76(a)(1) through (7) and 265.76(a)(1) through (7).
    In their recommendations from the June 2019 Advisory Board meeting, 
the Advisory Board recommended that the Agency also integrate 
Unmanifested Waste Reports into the e-Manifest system, in addition to 
the previously discussed Exception and Discrepancy Reports, as a method 
to incentivize electronic manifest adoption. The Discrepancy, 
Exception, and Unmanifested Waste Reports generally serve similar 
purposes and are all required when specific, unresolved problems or 
irregularities occur to waste shipments that are subject to 
manifesting. However, electronic reporting in the e-Manifest system for 
unmanifested waste shipments presents unique implementation issues that 
do not arise with the other reports.
    Unlike manifested shipments that require Discrepancy or Exception 
Reports, there is no existing manifest in the system, or on paper, when 
an unmanifested report is required. The system cannot readily 
accommodate electronic Unmanifested Waste Reports, like it can 
Discrepancy Reports and Exception Reports, because there is no existing 
manifest data captured in the e-Manifest system that can support 
flagging, tracking, and follow-up actions. In addition, EPA must 
determine whether a user fee is required for the manifest that was 
required for the unmanifested shipments.
2. What EPA Proposed on This Issue: Unmanifested Waste Reports
    EPA proposed to revise Sec. Sec.  264.76 and 265.76 for hazardous 
waste and 761.216 for PCB waste submissions of Unmanifested Waste 
Reports by the receiving facility. Under the proposed regulations, EPA 
would accept only electronic submissions of Unmanifested Waste Reports; 
written, hard copy reports would no longer be accepted. These proposed 
revisions would require an electronic reporting format that would be 
very similar to the current electronic form for manifests, except that 
the receiving facility would not be expected to complete all the fields 
currently required on the manifest.
    For the electronic Unmanifested Waste Report, receiving facilities 
would submit the generator information,

[[Page 60710]]

similar to what is currently required on manifests (i.e., Items 1, 5, 
and 10 thru 13), if available; the transporter information (i.e., Items 
6 and 7), if available; and the receiving facility information (i.e., 
Items 8 and 19) to the e-Manifest system. The receiving facility would 
be required to provide the density or specific gravity information for 
a waste if it is reporting volumetric measures (gallons, liters, or 
cubic yards). Finally, the receiving facility must provide a brief 
explanation of why the waste was unmanifested, if known, as well as a 
certification by the owner/operator of the facility or authorized 
representative. Receiving facilities would not be expected to obtain 
generator signatures (Item 15 of the manifest) nor transporter 
signatures (Item 17 of the manifest), nor would they be expected to 
provide the DOT shipping description of the waste, which would normally 
appear in Items 9a and 9b (i.e., the identification number, the proper 
shipping name, the hazard class or division number, and the packing 
group). Upon completion of the electronic Unmanifested Waste Report, 
the e-Manifest system would distribute the electronic report to the 
appropriate EPA Regional Administrator (or appropriate authorized 
State). Thus, submission of the Unmanifested Waste Report would be 
completed electronically in lieu of written reports to Federal or State 
regulatory agencies; hard copy reports would no longer be an option for 
submission to EPA or the States.
    EPA requested comment on whether Unmanifested Waste Reports should 
incur a user fee, equivalent to the user fees for electronic manifests, 
that would be applicable to receiving facilities for each submission of 
an Unmanifested Waste Report. Specifically, EPA proposed to modify 
Sec. Sec.  264.76, 265.76, and 761.216 by adding new paragraph (b) to 
assess a user fee on a per report basis that is electronically signed 
and submitted to the e-Manifest system by receiving facilities. The 
Agency noted that receiving facilities are already required to register 
and set up a billing account for the submission of manifests to the e-
Manifest system. The Agency also noted that unmanifested waste 
shipments would have incurred a user fee had the shipment used a 
manifest in compliance with the RCRA regulations and thus imposing a 
user fee for unmanifested wastes would not impose any new burden.
3. Description of Public Comments: Unmanifested Waste Reports
    Commenters generally agreed with the Agency's proposal to accept 
only electronic submissions of Unmanifested Waste Reports; however, 
some did not agree with the Agency's approach to completely eliminate a 
paper version of the report. Commenters who favored electronic report 
submission believed that the integration would aid the accuracy and 
completeness of the e-Manifest system's data. Commenters that did not 
support the Agency's proposal noted that confining the submission of 
Unmanifested Waste Reports to electronic format would likely not 
support all edge cases (scenarios outside normal use cases where 
problems may arise), such as instances where an unmanifested shipment 
was sent to a destination that was not a permitted receiving facility 
(and therefore would not be registered in the RCRAInfo Industry 
Application with a billing account).
    Commenters provided varying support for implementing a user fee for 
the electronic submissions of Unmanifested Waste Reports. Two 
commenters stated that a user fee would disincentivize receiving 
facilities from submitting reports, and reports would often simply go 
unmade. One commenter stated that the receiving facility should be 
allowed, but not required, to create a manifest, identifying the 
generator and transporter(s) if known instead of a submitting a report. 
Another commenter opposed a user fee requirement, stating that many of 
the incurred user fee costs to the receiving facility are often passed 
onto the generator, often at a marked-up rate.
4. Discussion of Final Rule: Unmanifested Waste Reports
    EPA appreciates input it has received on whether the Agency should 
integrate the Unmanifested Waste Report into the e-Manifest system in 
lieu of written, hard copy reports. EPA believes that eliminating 
written, hard copy Unmanifested Waste Reports will alleviate the burden 
associated with processing and will aid e-Manifest users by providing a 
more accurate and complete picture of hazardous waste shipments. 
Therefore, the Agency is finalizing revisions in section Sec. Sec.  
264.76 and 265.76 for hazardous waste and 761.216 for PCB wastes that 
will require all Unmanifested Waste Reports to be submitted 
electronically through the e-Manifest system, as proposed in the NPRM.
    However, like the electronic exception and discrepancy reporting 
requirements, EPA is delaying implementation of the electronic 
unmanifested waste discrepancy requirements under Sec. Sec.  264.76(b) 
and 265.76(b) for Federal or State-regulated hazardous waste and under 
761.216(b) until December 1, 2025. Prior December 1, 2025, receiving 
facilities of Federal or State-regulated hazardous waste and commercial 
disposal or storage facilities of TSCA PCB waste must continue to 
supply Unmanifested Waste Reports directly to EPA Regional 
Administrators or authorized States via postal mail. On December 1, 
2025, regulated entities must comply with the electronic reporting 
requirements in this final rule. Beginning December 1, 2025, receiving 
facilities of RCRA Federal or State-regulated hazardous waste and 
commercial disposal or storage facilities of TSCA PCB waste must submit 
Unmanifested Waste Reports directly in EPA's e-Manifest system. 
Beginning December 1, 2025, these facilities will no longer have the 
option to supply written, paper Unmanifested Waste Reports to the EPA 
Regional Administrators or authorized States via postal mail.
    EPA acknowledges comments that did not support eliminating paper 
versions of the Unmanifested Waste Reports, but EPA believes that the 
commenters' concerns are addressable. Regarding one commenter's concern 
for unsupported edge cases, the Agency expects that the number of edge 
case instances will represent a small portion of the unmanifested 
shipments. EPA estimates that approximately 491 Unmanifested Waste 
Reports need to be filed every two years. The Agency believes that the 
number of Unmanifested Waste Reports that cannot be submitted 
electronically, for example, the edge case scenario described by the 
commenter, can be directly managed by EPA.
    EPA is finalizing the procedures for submitting electronic 
Unmanifested Waste Reports through the e-Manifest system under 
Sec. Sec.  264.76(a), 265.76(a) and 761.216(a) for hazardous waste and 
PCB waste shipments, respectively. As explained in the NPRM, the 
electronic Unmanifested Waste Report requires an electronic reporting 
format that is very similar to the current electronic form for 
manifests. The report includes information on the handlers involved 
(generator, transporter, receiving facility), the date the waste was 
received, management method, in addition to a brief explanation of why 
the waste was unmanifested, if known, and a certification by the owner 
or operator of the receiving facility.
    The Agency is persuaded by comments that assessing a user fee for 
the electronic submission of Unmanifested Waste Reports would 
disincentivize receiving facilities from submitting these reports. 
Based on the

[[Page 60711]]

FY2024/2025 manifest usage projections, EPA estimates the e-Manifest 
system will process 4,909,578 manifests during the two-year fee cycle. 
EPA also estimates that approximately 0.01% of waste shipments will 
require an Unmanifested Waste Report (approximately 491 reports for the 
FY2024/2025 fee cycle). In the NPRM, EPA proposed requiring user fees 
that are equivalent to the user fees for electronic manifests; the 
FY2024/2025 user fee for an electronic manifest is $6 per manifest. As 
a result, the EPA projects that approximately $2,946 would be collected 
in revenue over two years if the Agency finalized the proposal to 
collect user fees for electronic Unmanifested Waste Reports. The 
relatively small number of unmanifested shipments and the resulting 
negligible impact on revenue will not affect the Agency's ability to 
recover the full cost of operating the e-Manifest System. The Agency 
also believes that incentivizing the submission of Unmanifested Waste 
Reports, and the resulting benefits for the quality of e-Manifest data, 
far outweigh the small potential uncovered costs. Therefore, EPA is not 
finalizing a user fee for Unmanifested Waste Reports.
    EPA is also making conforming changes to the unmanifested waste 
reporting requirement under part 270, subpart C regarding RCRA permits 
(40 CFR 270.30(l)(8)). EPA did not propose changes to Sec.  
270.30(l)(8) in the NPRM. However, as explained above, this final rule 
revises the Unmanifested Waste Report requirements under Sec.  264.76. 
Therefore, this final rule makes conforming changes to the manifest 
unmanifested waste report requirements under Sec.  270.30(l)(8) so that 
they are consistent with the revisions to Sec.  264.76(a) regarding the 
conditions under which the permitted facility must prepare an 
electronic Unmanifested Waste Report in the EPA e-Manifest system for 
submission to the EPA within 15 days after receiving the waste.

G. International Shipment Requirements

1. What EPA Proposed on This Issue: International Shipment Requirements
    EPA proposed revisions to the export and import shipment movement 
document-related requirements to more closely link the manifest data 
with the movement document data (see 87 FR 19290; April 1, 2022. See 
pages 19300-19301). The proposed changes would also enable future 
linking of the manifest data with the confirmation of receipt and 
confirmation of recovery or disposal for an individual export or import 
shipment. On January 18, 2022, EPA transitioned WIETS to a module 
integrated within the RCRAInfo Industry Application (RCRAInfo WIETS) 
that allows more efficient data sharing between WIETS and the other 
modules and improved access by State agencies and the public to export 
and import final data. The RCRAInfo WIETS module currently includes 
industry-created and submitted export notices, import notices, and 
export annual reports; allows for EPA review and processing of such 
submittals; and an Application Programing Interface-based electronic 
exchange of notice and response data with Mexico and Canada. The next 
stage of RCRAInfo WIETS development intends to add functionality to 
enable the establishment of an electronic import-export reporting 
compliance date discussed in the November 28, 2016, final rule revising 
hazardous waste import and export requirements (81 FR 85700). Once the 
second stage is fully completed, EPA intends RCRAInfo WIETS to include 
the additional electronic documents such as: export confirmations of 
receipt, export Exception Reports, export confirmations of recovery or 
disposal, import confirmations of receipt, receiving facility 
notifications of the need to arrange alternate management or the return 
of an import shipment, and import confirmations of recovery or 
disposal. Lastly, EPA proposed revisions that reflect potential future 
electronic data exchange of movement document data, confirmation of 
receipt data, and confirmation of recovery or disposal data between the 
U.S. and another country such as Canada. Should such an electronic data 
exchange agreement be established, facilities in both countries could 
utilize the exchange to transmit required data more efficiently (see 87 
FR 19290; April 1, 2022. See page 19301).
2. Description of Public Comments: International Shipment Requirements
    Two commenters expressed support for EPA's proposed revisions to 
the export and import shipment movement document-related requirements 
to more closely link the manifest data with the movement document data. 
No commenters opposed the proposed requirements.
    One of the commenters expressed support for EPA's proposal to 
capture international shipment information and to assign roles and 
responsibilities, reasoning that incorporating this information into 
the system would complete the shipment records for both industry and 
regulatory users of the system and simultaneously increase its utility 
for both groups. The other commenter stated support for: (1) Revisions 
to require the movement document to list the RCRA manifest tracking 
number from Item 4 of the manifest form if the shipment is required to 
be manifested while being transported in the U.S. and (2) revisions to 
add the unique movement document tracking number as an acceptable 
alternative to listing the shipment number and total number of 
shipments for the EPA AOC or the foreign export permit number on the 
generic movement document. This commenter, however, suggested EPA 
provide industry with a reasonable amount of time to make changes in 
their data management systems. The commenter also requested that 
industry be allowed to use their current paper forms until the supplies 
are exhausted. The same commenter stated that the bulk of imports and 
exports of hazardous wastes occurs between Canada and the United 
States, and therefore recommended that the Canadian system be 
responsible for submitting the confirmation of receipt and confirmation 
of recovery or disposal for each export shipment after a data exchange 
was established. The commenter supported establishing a data exchange 
for shipments between the U.S. and Canada. Lastly, the commenter 
supported requiring U.S. receiving facilities to submit confirmations 
of receipt and confirmations of recovery or disposal to EPA using 
RCRAInfo WIETS but cautioned that this will only be possible if EPA 
ensures that the compliance dates do not go into effect until the 
industry application in RCRAInfo for submittal of such confirmations 
and the data exchange are operational.
3. Discussion of Final Rule: International Shipment Requirements
    In today's action, EPA is finalizing the proposed revisions to 
Sec. Sec.  262.83(d)(2)(i) and 262.84(d)(2)(i) to require the movement 
document to list the RCRA manifest tracking number from Item 4 of the 
manifest if the shipment is required to be manifested while being 
transported in the United States. Additionally, since Canadian movement 
documents have unique tracking numbers similar to manifest tracking 
numbers, EPA is finalizing its proposed revisions to Sec. Sec.  
262.83(d)(2)(ii) and 262.84(d)(2)(ii) to add the unique movement 
document tracking number as an acceptable alternative to listing the 
shipment number and total number of shipments from the EPA 
Acknowledgement of Consent (AOC) or

[[Page 60712]]

the foreign export permit on the generic movement document available at 
https://www.basel.int/Procedures/NotificationMovementDocuments/tabid/1327/Default.aspx.
    Parallel to the manifest submittal requirements, EPA is also 
finalizing the proposed revisions to Sec. Sec.  262.83(d)(2)(xv) and 
262.84(d)(2)(xv) to require the exporter and U.S. receiving facility to 
submit a copy of the signed movement document to WIETS. Exporters are 
required to submit the copy to WIETS within three days of receiving the 
copy from the foreign facility, and U.S. receiving facilities would be 
required to submit the copy to WIETS within three days of shipment 
delivery to confirm receipt of the shipment for shipments occurring on 
or after the electronic import-export reporting compliance date. 
Revised Sec.  262.83(d)(2)(xvi) requires exporters to submit a copy of 
the signed confirmations of recovery or disposal that it receives from 
the foreign receiving facility to WIETS within three days of the 
exporter's receiving the copy of the signed confirmation of recovery or 
disposal for shipments occurring on or after the electronic import-
export reporting compliance date. To reflect the possible establishment 
of an electronic exchange of shipment tracking data with another 
country like Canada, The EPA is also finalizing the proposed revisions 
to Sec. Sec.  262.83(f)(4) and (5), 262.83(f)(6)(ii), 262.84(d)(2)(xv), 
262.84(g)(1) and (2), and new Sec.  262.83(d)(2)(xvii) to allow an 
established data exchange to be used to comply with the transmittal of 
shipment confirmations for export and import shipments between the 
exporter or receiving facility and the foreign receiving facility or 
foreign exporter, respectively, and between the receiving facility and 
the competent authority for the country of export for import shipments. 
In parallel, the EPA is finalizing the proposed new requirements 
Sec. Sec.  262.83(f)(3)(iii) and 262.84(f)(4)(iii) to allow the use of 
an established data exchange to comply with the transmittal of 
notifications across borders concerning the need to arrange for the 
alternate management or return of an individual shipment for export and 
import shipments per Sec. Sec.  262.83(f)(3)(i) and 262.84(f)(4)(i).
    Lastly, the EPA is finalizing the following proposed technical 
corrections and conforming amendment to import and export requirements. 
First, the EPA is finalizing the proposed revisions to Sec. Sec.  
261.39(a)(5)(v)(B) and (a)(5)(xi), 262.83(a)(6) and (g), and 
263.20(g)(4) to reflect that the AES compliance date of December 31, 
2017 (which was specified in an announcement in a Federal Register 
notice dated August 28, 2017 (82 FR 41015)) has passed and requirements 
concerning shipments made prior to that date no longer apply. Next, the 
EPA is finalizing the proposed revisions to Sec.  262.84(b)(1) to 
reflect that all import notices are submitted electronically using 
WIETS at this time. Electronic import notices have made EPA's 
processing more efficient and allows importers and receiving facilities 
to store and download EPA AOC letters and import consent documentation 
within WIETS rather than keeping paper copies for recordkeeping on 
site. Additionally, the EPA is finalizing the proposed revisions to the 
text in Sec. Sec.  261.6(a)(3)(i)(A) and (B) and 262.20(a)(2) to 
reflect that part 262, subparts E and F no longer exist as of December 
31, 2016, and part 262, subpart H now applies. The EPA is also 
finalizing the proposed revisions to Sec. Sec.  262.83(d)(2)(xv), 
(f)(4) and (5), (f)(6)(ii), and 262.84(d)(2)(xv), (g)(1) and (2) to 
clarify that confirmations of receipt and confirmations of recovery or 
disposal for export and import shipments are only required to be sent 
to the competent authorities of the countries that control such 
shipments as exports, transits, or imports of hazardous wastes, 
consistent with existing text in Sec. Sec.  264.12(a)(2) and (4) and 
265.12(a)(2) and (4). EPA is also finalizing the proposed revisions to 
Sec. Sec.  261.4(a)(25)(i)(A) and (H), 261.39(a)(5)(i)(A) and (F), 
262.83(b)(1)(i) through (iv), (b)(3), (d)(2)(iii) through (v), (viii) 
and (ix), 262.84(b)(1)(i) through (iv), (b)(2), (c)(1)(i), (d)(2)(iii) 
through (v), (viii) and (ix), to specify the listing of the site 
address in notices, manifests and movement documents in place of the 
existing requirement to list ``address'' in order to facilitate country 
review of the documents. The EPA also finalizing the proposed revisions 
to Sec. Sec.  260.2(d)(1) and (2) and 261.4(a)(25)(v) to make hazardous 
secondary material export documents prepared, used, and submitted under 
Sec.  261.4(a)(25) available to the public when these electronic 
documents are considered by the EPA to be final documents which is 
March 1 of the calendar year after the related hazardous secondary 
material exports occur. The EPA is finalizing this conforming change to 
make hazardous secondary material exports, reinstated as part of the 
EPA's response to vacatur of certain provisions of the definition of 
solid waste rule effective May 30, 2018 (83 FR 24664), consistent with 
the EPA's earlier rule regarding confidentiality determinations related 
to all exports, imports or transits of hazardous waste and exports of 
conditionally excluded materials (i.e., cathode ray tubes) subject to 
export, import, or transit requirements (82 FR 60894) when the final 
rule was published on December 26, 2017.
    The compliance date for the electronic submittal of confirmations 
of receipt and confirmations of recovery or disposal to the EPA by the 
U.S. exporter for completed export shipments and by the U.S. receiving 
facility for completed import shipments is defined in the regulations 
as the ``electronic import-export reporting compliance date'' that will 
be established in a future Federal Register document. The date will not 
be established until the industry application in RCRAInfo for such 
submittals is operational. The electronic import-export reporting 
compliance date is separate from the future establishment of a data 
exchange with Canada, although such an exchange would facilitate future 
submittals related to shipments with Canada. Since December 31, 2016, 
U.S. exporters have been required to receive confirmations of receipt 
and confirmations of recovery or disposal from the foreign receiving 
facilities, and U.S. receiving facilities have been required to send 
out confirmations of receipt and confirmations of recovery or disposal 
to the foreign exporter and relevant countries of export and transit. 
Additionally, while many exports are shipped to Canada, exports of 
hazardous waste are also shipped to other countries, so the 
requirements need to be implementable regardless of the destination 
country. The U.S. exporter and U.S. receiving facility will therefore 
need to submit the confirmations into RCRAInfo WIETS on the electronic 
import-export reporting compliance date once it has been established. 
If, and when, a country-to-country data exchange is established for 
shipment tracking, the regulations will allow use of the exchange to 
meet the transmittal requirements more efficiently between the two 
countries. Lastly, there is no required movement document form, so use 
of older forms is not prohibited so long as all the required data items 
are included.

H. Manifest Data Corrections

1. Background: Manifest Data Corrections
    Since launching the e-Manifest system in June 2018, the EPA has 
collected more than 9,000,000 manifests in e-Manifest. Since that time, 
EPA has identified data quality issues associated

[[Page 60713]]

with paper manifests submitted to the EPA that reduce the overall 
effectiveness of the system. Paper manifests submitted to the e-
Manifest system often have inaccurate or missing EPA ID numbers and 
errors in the manifest tracking number. Manifest errors also occur 
during the paper digitization process while converting the paper 
manifests to digital format for submission. These errors may be due to 
typographical errors or illegible information on the paper manifest 
that result in major discrepancies between the hazardous waste shipment 
and what is reflected in the e-Manifest system. Other data issues arise 
when industry systems upload manifest data that do not match the image 
file of the paper manifest; in this case, it's difficult to tell if 
there is an error or not and whether the error lies with the data 
upload or image file.
    EPA established post-receipt manifest data correction requirements 
in the January 2018 User Fee Final Rule.\15\ The post-receipt data 
correction procedures for generators, transporters, and permitted and 
interim treatment, storage, and disposal facilities are found in 
Sec. Sec.  262.24(h), 263.20(a)(9), 264.71(l), and 265.71(l), 
respectively. Based on certain revisions made under this final action, 
these regulations state that, after facilities have certified that the 
manifest is complete, by signing it at the time of submission to the e-
Manifest system, any post-receipt corrections may be submitted at any 
time by any interested handler (e.g., waste handler) shown on the 
manifest. These regulations also require that post-receipt corrections 
be submitted electronically via e-Manifest.
---------------------------------------------------------------------------

    \15\ 83 FR 420; January 3, 2018. See page 434.
---------------------------------------------------------------------------

    Although EPA established a post-receipt manifest data corrections 
process, these regulations do not actually require that waste handlers 
make corrections when errors are identified (i.e., the regulations 
state corrections ``may be'' submitted). Consequently, waste handlers 
have often refused requests from EPA or States to correct errors. As a 
result, the quality of manifest data captured in the system has been 
adversely impacted to some extent.
    EPA believes that several of these types of data errors pre-date 
the e-Manifest system and that use of e-Manifest has simply shone a 
light on errors that have been associated with paper manifests all 
along. However, ensuring high data quality is important to EPA and 
State regulators who rely on e-Manifest for compliance monitoring of 
waste shipments. EPA continues to believe that widespread adoption of 
electronic manifests would be the surest way to improve data quality; 
however, in the meantime, EPA is focused on addressing errors 
associated with paper manifests.
2. What EPA Proposed on This Issue: Manifest Data Corrections
    EPA requested comment on several issues regarding improvement of 
the quality of data collected in the e-Manifest system and 
establishment of mandatory data correction procedures to ensure such 
improvement. Specifically, the EPA requested comment on whether the 
post-receipt data corrections procedures should be mandatory. In 
addition, EPA requested comment on: (1) What types of errors should be 
required for correction; (2) Should the manifest discrepancies 
regulated under Sec. Sec.  264.71, 265.71, 264.72, and 265.72 be 
subject to mandatory data correction procedures; and (3) Should other 
types of errors be brought under mandatory correction procedures, such 
as missing or invalid EPA ID numbers, and, if not, how can EPA more 
effectively encourage facilities to correct these errors.
    EPA also proposed post-receipt manifest data procedures for export 
manifests and PCB manifests under Sec. Sec.  262.83(c)(8) and 
761.207(g)(2)(v), respectively. These proposed procedures are 
equivalent to the manifest data corrections procedures for generators, 
transporters, and receiving facilities established in the 2018 User Fee 
Final Rule, described above.\16\ In addition, EPA proposed and 
requested comments in the February 2019 Federal Register notice and 
information to improve the precision of waste quantities and units of 
measure reported in Items 11 and 12 of the hazardous waste manifests 
(both paper and electronic), respectively.\17\ EPA sought additional 
input and requested comment in the NPRM on these proposals and/or 
suggestions and also requested comment on whether additional 
clarification should be added to the manifest's instructions that 
generators and/or designated facilities must report all waste 
quantities in Item 11 of the manifest by net weight when they complete 
the manifest form.\18\
---------------------------------------------------------------------------

    \16\ Ibid.
    \17\ 84 FR 2854; February 8, 2019. See page 2855.
    \18\ 87 FR 19290; April 1, 2022. See page 19314.
---------------------------------------------------------------------------

3. Description of Public Comments: Manifest Data Corrections
    A few State agencies and one State association raised concerns 
about data quality in the e-Manifest system stating that inaccurately 
entered data is pervasive in e-Manifest and inconsistencies between 
scanned paper manifests and uploaded/entered manifest data are common. 
These State commenters further asserted that they support the e-
Manifest program but have found that its implementation is much more 
burdensome than initially anticipated. In addition, these commenters 
stated that State programs have had to invest considerable staff 
resources in areas including account administration, end user training, 
quality assurance/quality control (QA/QC) and corrections of the e-
Manifest data, work which is not covered by any former task or funding 
source. They also point out that many State RCRA programs have 
experienced significant cuts in Federal funding in recent years and 
have fewer staff resources than ever to conduct the activities that are 
needed to support an effective hazardous waste management program. 
According to these commenters, the added work on e-Manifest has 
stretched limited program resources and may not be sustainable without 
revisiting funding levels. These commenters stated that EPA should 
continue to work on fixing the known data quality issues with the 
current e-Manifest system, reporting and participation issues at some 
receiving facilities, and other complex cross-state/Region enforcement 
issues before implementing many of the changes outlined in EPA's 
proposal (e.g., electronic reporting functions, notifications, BR 
integration). One industry commenter, however, stated that all data 
quality concerns would go away if the e-Manifest database is used to 
produce the BR. This commenter, however, did not elaborate on this 
viewpoint.
    Several State commenters and State associations strongly supported 
EPA mandating that waste handlers use the post-receipt data corrections 
process to correct manifest errors. However, one trade association 
affiliated with the waste management industry opposed making post-
receipt data corrections mandatory asserting mandatory post-receipt 
data corrections should not be required because quality data should be 
submitted the first time and should not have to be reviewed line-by-
line. This commenter further stated that, if there were questions about 
the manifest, then the EPA PPC should contact the facility.
    A few State commenters generally supported making post-receipt 
corrections mandatory for all errors and inconsistencies between 
scanned paper manifests and uploaded/entered manifest data, 
particularly generator and waste information (essentially, everything 
on a manifest other than

[[Page 60714]]

transporter information). Some State commenters recommended using 
manifest data corrections procedures for discrepancies in quantities 
and units of measure, to the extent possible. A few State commenters 
supported mandatory data corrections procedures for generator EPA ID 
numbers by the receiving facility to the extent possible. A subset of 
these commenters suggested an on-screen warning when there is not a 
valid EPA ID number entered in the generator EPA ID field of a 
manifest. One State commenter expressed support for mandating 
corrections process procedures and suggested EPA conduct outreach to 
the data entry staff of receiving facilities to improve e-Manifest data 
quality (e.g., training data entry staff to look in Items 1, 14 and 18 
on the paper manifest for manifest correction information).
    State commenters and State associations overwhelmingly supported 
making the post-receipt data corrections process mandatory for 
discrepancy requirements specified under Sec. Sec.  264.71 and 265.71 
(e.g., significant differences in waste quantities or waste types). One 
State commenter recommended that EPA promulgate data quality 
requirements for receiving facilities that include making updates and 
corrections. One trade association representing industry that did not 
support mandatory use of the post-receipt data corrections process 
conceded that this manifest discrepancy process should be used for 
manifest discrepancies of weight or waste type as specified in the 
regulations.
    Commenters were divided on EPA's proposed or alternative changes to 
the manifest form related to improving precision of waste quantities 
reported on the manifest. For example, regarding reporting waste 
quantities using decimals (e.g., allowing use of tenths and 
hundredths), one State and State association supported the addition of 
decimals or fractions. These commenters stated use of decimals or 
fractions would significantly improve the accuracy of data reported, 
particularly for acute hazardous wastes. These commenters further 
stated that this improved data quality would save time and reduce 
workload for both regulators and the regulated community related to 
manifest corrections, generator category disputes, and the 
administration of State fee programs. Two commenters (one State and one 
industry commenter), however, did not support reporting waste 
quantities using decimals. The industry commenter stated use of 
decimals or fractions would lead to more data errors, mistaken 
interpretations of waste quantities, conflicts with biennial report 
protocols, and additional programming and quality control costs to 
States, generators, and receiving facilities. The State commenter 
stated mandating decimal or fractional reporting, or even allowing it 
on the manifest, would not bring any further relevant accuracy to the 
data. Instead, the commenter expressed support for EPA's alternative 
option to amend the units of measure currently required for the 
Biennial Report so that they match those for manifests.
    Regarding using smaller units of measure, a few industry and State 
commenters support using smaller units of measure on manifests. These 
commenters also support amending the units of measure currently 
required for BR so that the e-Manifest can be used to populate the 
corresponding fields of the WR Form as part of the Biennial Report.
    State and industry commenters support use of net weights on 
manifest forms. However, a State and State association each noted that 
they support the use of net weights without the weight of the container 
in box Item 11 if it is supported by the U.S. Department of 
Transportation requirements. Another supporting State commenter stated 
that use of net weight should be mandatory if EPA integrates manifest 
data into BR reporting. However, this commenter acknowledged that use 
of net weight should not be required for generators because they 
typically do not have the capability to measure waste quantities 
accurately at their sites. One industry commenter recommended that 
receiving facilities be given the option of reporting the net weight 
for the final manifest information in the e-Manifest system. This 
commenter noted that, for bulk shipments, receiving facilities weigh 
bulk transfer containers upon receipt and subtract the container weight 
to determine net weight of the hazardous waste. The commenter stated 
that adding a clarification that when units of weight are used on the 
manifest for bulk shipments, that the quantity must be net weight is 
consistent with current practice. However, this commenter noted that, 
for drum shipments, it is not feasible to weigh each drum and then 
subtract the weight of the drum which can be metal, fiber, composite, 
etc. Therefore, for drum shipments it is not possible to report net 
weight. Finally, one commenter representing the retail industry did not 
support use of net weight for generators. This commenter noted 
switching from gross weight to net weight could present challenges for 
retailers. The commenter further stated that the weight of lab pack 
drums used to store and transport waste will vary. Therefore, it would 
be difficult to determine net weight in many instances. This commenter 
also recommended that EPA consult with the waste hauling industry for a 
better understanding of the implications of reporting net or gross 
weight amounts.
4. Discussion of Final Rule: Manifest Data Corrections
    EPA appreciates States' concerns regarding the quality of data 
currently in the e-Manifest system and agrees that inaccuracy of 
manifest data reduces overall system effectiveness and prevents proper 
identification of mismanaged waste. Accurate e-Manifest data allows 
handlers to easily store and retrieve records, receive automatically 
updated manifest information, and reduces the time spent producing 
reports. In addition, accurate data assists EPA and States to make 
important resource decisions about hazardous waste management. 
Unfortunately, the effect of tracking Federal and State hazardous 
wastes using paper manifests will invariably have data quality problems 
due to varying QA/QC practices of the regulated community. Therefore, 
EPA strongly encourages handlers to transition from paper manifests to 
electronic manifests, which are faster, easier, space-saving, and more 
convenient than paper submissions. Unlike paper manifests, electronic 
manifests already exist in digital format with built-in data quality 
checks. Users of the e-Manifest system have immediate access to up-to-
date information that can be used when completing electronic manifests.
    EPA, however, acknowledges that scant use of electronic manifests 
causes EPA to require generators, transporters, and receiving 
facilities using paper manifests to correct data errors/omissions via 
the post-receipt data corrections process to satisfy manifest 
completion requirements under Sec. Sec.  262.20(a), 263.20(a), 
264.71(a), and 265.71(a) for generators, transporters, permitted and 
interim status facilities, respectively, as well as the manifest 
instructions corresponding to their copy of the manifest form and, if 
necessary, the manifest continuation sheet. Therefore, EPA accepts 
State commenters' recommendations to establish requirements that 
handlers must correct manifest errors when requested by State 
regulatory agencies, EPA and/or the EPA PPC.
    EPA is not finalizing its proposal or alternative options to 
improve the precision of waste quantities listed in Items 11 (Total 
Quantity) and 12 (Units

[[Page 60715]]

of Measure) of the manifest form \19\ to allow the reporting of 
decimals or fractions in Item 11 or using smaller units of measure in 
Item 12 for both paper and electronic manifests.
---------------------------------------------------------------------------

    \19\ 84 FR 2854; February 8, 2019. See page 2855.
---------------------------------------------------------------------------

    EPA, however, is not persuaded by some State commenters' 
recommendations to require receiving facilities to make all corrections 
to errors/omissions recorded on manifests, including in the generator 
portion of the manifest form. Generators, transporters, and receiving 
facilities are all responsible for completing certain portions of the 
manifest. In fact, the manifest requirements under Sec. Sec.  264.71(a) 
and 265.71(a) and/or the instructions for receiving facilities require 
receiving facilities to complete Items 18-20 of the manifests form and, 
if necessary, the corresponding data fields of the manifest 
continuation sheet. The manifest instructions for generators and 
transporters require them to complete Items 1-15 and Item 17, 
respectively, of the manifest and if necessary, the corresponding 
fields of the manifest continuation sheet. For these reasons, this 
final rule requires receiving facilities to correct errors specified 
under the manifest discrepancy regulations and manifest instructions. 
For manifest errors specified by the manifest discrepancy regulations, 
such errors are found in Items 10-13 of the manifest and per the 
manifest instructions for receiving facilities are noted under Item 18a 
and if necessary, under Item 14 (Special Handling Instructions and 
Additional Information Block) of the manifest. Other errors are found 
in Item 19 of the manifest. Receiving facilities must also make 
corrections to errors in this field.
    This final rule generally maintains the current post-receipt 
manifest data corrections process. In fact, after facilities have 
certified that the manifest is complete, by signing it at the time of 
submission to the e-Manifest system, any interested persons (e.g., 
waste handler) named on the manifest may continue to submit voluntarily 
any post-receipt data corrections at any time, except as described 
below in this preamble section. Further, there is no limit to the 
number of corrections that may be entered, and the last submitted 
correction is presumed valid and accurate unless corrected by a 
subsequent data correction. The correction submission may relate to an 
individual record or to an identified batch of records and must be 
accompanied by a CROMERR-compliant certification that to the person's 
knowledge and belief, the data as corrected will cause the affected 
data records to be true, accurate, and complete. Further, the 
correction submissions must indicate the record being corrected by its 
Manifest Tracking Number, the Item Number of the manifest data fields 
affected by the correction, and for each data field corrected, must 
show the previously entered data and the data as corrected.
    The final rule, however, revises the post-receipt data manifest 
corrections requirements by adding new provisions under the existing 
requirements under Sec. Sec.  262.20(a), 263.20(a)(9), 264.71(l), and 
265.71(l) and making conforming changes to the proposed manifest 
corrections requirements for PCB manifested shipments. (Post-receipt 
manifest data corrections for PCB manifests under Sec.  
761.207(g)(2)(v) are discussed in the next section.) These new 
provisions require generators, transporters, and receiving facilities 
to make data correction submissions within 30 days from receipt of a 
corrections request from EPA or a State. These data correction 
submissions must be made electronically in the system via the post-
receipt data corrections process by following the corrections process 
described in Sec.  264.71(l). This requirement applies to corrections 
made to either paper or electronic manifest records. This final rule 
also revises Sec. Sec.  262.20(h), 263.20(a)(9), 264.71(l), 265.71(l), 
and 761.207(g)(2)(v) to clarify that receiving facilities must make 
mandatory/voluntary post-receipt manifest corrections via the e-
Manifest system after they sign the manifest, and any manifest 
continuation sheet, for purposes of submitting the final manifest to 
the EPA e-Manifest system. The previous language of the existing 
requirements incorrectly stated that facilities could make post-receipt 
manifest corrections after the facility signed Item 20 of the manifest. 
The signature in Item 20 of a manifest (whether paper or electronic 
manifests are used) applies to signatures for initial receipt of 
shipments by receiving facilities and occurs prior to manifest 
submission to the system. Manifest correction submissions must be 
transacted using a CROMERR-compliant certification that to the person's 
knowledge and belief, the data as corrected will cause the affected 
data records to be true, accurate, and complete.
    This final rule also makes conforming changes to the proposed 
manifest data corrections requirement for exporters under Sec.  
262.83(c)(8). Like the manifest data corrections process for domestic 
and import manifests, post-receipt data corrections for export 
manifests may be submitted at any time by any interested person (e.g., 
domestic waste handler) shown on the manifest. The distinction between 
export and domestic and imports shipments is the voluntary corrections 
for export shipments must be made after foreign facilities have 
certified to the receipt of hazardous wastes by sending a copy of the 
movement document to the exporter per paragraph (d)(2)(xvii) unless 
corrections are requested by the EPA or a State for export manifests. 
EPA notes that for hazardous waste export shipments, data correction 
submissions must be made electronically in the e-Manifest system via 
the post-receipt data corrections process by following the corrections 
process described in Sec.  265.71(l).
    For generators, the EPA is revising the post-receipt manifest data 
corrections requirements by moving previous Sec.  262.24(h) into Sec.  
262.20, specifically replacing Sec.  262.20(a)(2). (Section 
262.20(a)(2) previously referred to a compliance deadline that has long 
passed relating to the March 2005 uniform hazardous waste manifest 
forms rule. Thus, this previous language is no longer needed); also, 
since the EPA is moving Sec.  262.24(h) into Sec.  262.20, this final 
rule removes Sec.  262.24(h). The EPA is also revising the previous 
language by removing the reference to the 40 CFR 264.71(l) citation and 
adding, in its place, the more appropriate citation of 40 CFR 
265.71(l). the EPA is also revising Sec.  262.20(a)(2) to reflect 
revisions to the post-receipt manifest corrections requirements under 
Sec.  264.71(l); please see changes to paragraph (l) below for further 
discussion.
    First, the final rule in paragraph (a)(2) indicates that after 
facilities have certified that the manifest is complete, by signing it 
at the time of submission to the e-Manifest system, any post-receipt 
data corrections may be submitted at any time by LQGs and SQGs. In 
addition, the final rule requires LQGs and SQGs to address data 
correction requests by the EPA or States within 30 days of the date of 
the request. Further, paragraph (a)(2) states that data correction 
submissions must be made electronically in the post-receipt data 
corrections process by following the process described in Sec.  
264.71(l) of this chapter, which applies to corrections made to either 
paper or electronic manifest records.
    As explained previously, VSQGs subject to the manifest requirements 
are not required under today's action to register in the e-Manifest 
system. (However, if a State requires VSQGs to manifest and requires 
them to register in the e-Manifest system, those VSQGs

[[Page 60716]]

must do so. Those VSQGs must also correct errors if requested by 
States.) Therefore, VSQGs who do not choose to register for e-Manifest 
should arrange with other waste handlers named on the manifest to make 
corrections to manifest data on their behalf. LQGs and SQGs, on the 
other hand, are required to register under today's action and must make 
and submit data corrections electronically in the e-Manifest system for 
generator information recorded in Items 1-15, except as noted below, 
and if necessary, the corresponding items of a continuation sheet, of 
their manifest records.
    Finally, any waste handler named on a manifest must submit 
corrections to Item 14 of the manifest. Although this field is 
contained in the generator information block of the manifest, typically 
all waste handlers involved with a waste shipment and named on the 
manifest record information in it. EPA points out that LQGs and SQGs 
may continue to make and submit corrections to manifest data 
electronically without prior notification from the EPA or States as an 
interested party of the manifest data.
    The EPA is aware that it is a common practice for an entity or 
individual other than the generator to perform the steps necessary to 
prepare a waste shipment for transportation, including the steps 
associated with preparing the manifest paperwork. Often, the 
transporter or the facility designated on the manifest by the generator 
to manage their waste shipment prepares the manifest paperwork as a 
part of the service it provides to its generator customers. In these 
situations, the EPA and the States will still require LQGs and SQGs to 
correct errors/omissions to the portions of the manifest requiring 
their completion. Therefore, if there is transporter or designated 
facility that prepared the manifest for the LQGs and SQGs, or prepared 
and signed the generator's certification on behalf of the LQG or SQG, 
the 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 EPA or a State on their behalf. The EPA 
is aware that e-Manifest brokers also prepare paper manifests or 
electronic manifests in the e-Manifest system for its generator 
clients. However, brokers cannot submit data corrections to the EPA on 
behalf of their generator clients, unless the broker is operating at 
the generator site and can sign the manifest as an offeror of the waste 
shipment.
    For transporters, the EPA is revising the existing post-receipt 
manifest data correction requirements in Sec.  263.20(a)(9) to reflect 
the conforming changes to Sec. Sec.  264.71(l) and 265.71(l); please 
refer to the preamble discussion below regarding post-receipt data 
correction requirements for receiving facilities. Like generators, 
transporters must follow the data corrections process described in 
Sec.  264.71(l). Thus, after receiving facilities have certified that 
the manifest is complete, by signing it at the time of submission to 
the e-Manifest system, any post-receipt data corrections may be 
submitted at any time by the transporter. If the EPA or a State request 
a data correction to manifests, then the transporter must make and 
electronically submit manifest data corrections to transporter 
information recorded in Items 14 and 17 of manifest records and 
corresponding data of manifest continuation sheets via the post-receipt 
manifest data correction process within 30 days from the date of the 
corrections request. Further, transporters who changed the routing of 
the shipment per Sec.  263.21(b)(2) and (3), must submit manifest data 
corrections to Items 6 and 7, and if necessary, the corresponding items 
of the manifest continuation sheet, if requested by the EPA or a State. 
Transporters, of course, may continue to make and submit corrections to 
manifest data electronically without prior notification from the EPA or 
States as an interested party of the manifest data. Such transporters 
must also follow the data corrections process described in Sec.  
264.71(l).
    The EPA explained previously that the current e-signature methods 
are designed to be used in the United States. The headquarters of 
foreign transporters of hazardous waste import shipments are located 
outside the U.S. These transporters generally have EPA ID numbers, and 
therefore, can register as users in the e-Manifest system, allowing 
them to prepare, view, and store import manifests (whether paper or 
electronic) in their registered accounts. However, these foreign 
transporters cannot electronically sign manifests in the system nor 
electronically submit the corrections to the system. Therefore, a 
registered user named on the import manifest other than the foreign 
transporter must submit manifest data corrections to the system. 
Similarly, foreign transporters exporting hazardous waste shipments out 
of the country will not be able to submit manifest data corrections for 
export manifests to the system. Manifest data corrections for export 
manifests are discussed below.
    For receiving facilities, the EPA is making conforming changes to 
the existing manifest data corrections requirements under Sec. Sec.  
264.72(l) and 265.72(l) for receiving facilities. Like generators and 
transporters, receiving facilities may continue to voluntarily submit 
post-manifest data corrections electronically via the e-Manifest system 
at any time as described in revised Sec. Sec.  264.71(l) and 265.71(l) 
for permitted and interim status treatment, storage, and disposal 
facilities, respectively. This final rule makes regulatory amendments 
to Sec. Sec.  264.71(l) and 265.71(l) by adding a new provision under 
paragraph (l) which requires receiving facilities to submit manifest 
data corrections electronically to the system within 30 days from 
receipt of the corrections request by the EPA or a State. Receiving 
facilities must electronically submit manifest data corrections to 
manifest data recorded in Items 14 (as previously discussed) and 18-20 
of the manifest records as well as to the corresponding manifest 
continuation sheet and data file, if applicable.
    Regarding Item 18 of the manifest, the existing manifest 
requirements at Sec. Sec.  264.71(a)(2)(ii) and 265.71(a)(2)(ii) and 
manifest instructions require receiving facilities to note manifest 
discrepancies (as defined in Sec. Sec.  264.72(a) and 265.72(a)) on the 
manifest (Item 18a of the manifest). The EPA notes that neither the 
existing Federal regulations under these sections nor Item 18 of the 
current manifest form instructions require receiving facilities to make 
corresponding changes to Items 10-13 of the manifest when facilities 
note discrepancies in Item 18a. However, unlike the Federal manifest 
program, authorized States may require generators or receiving 
facilities to correct Items 10 and 13 of manifests as part of a 
manifest discrepancy resolution. Therefore, under this final rule 
receiving facilities must also submit corrections electronically to the 
e-Manifest system for Items 10-13 of the manifest if an authorized 
State requests such corrections to address the discrepancy information 
recorded in Item 18a.
    For exporters, the EPA is finalizing the proposed post-receipt 
manifest data correction requirements for exporters under Sec.  
262.83(c)(8) with slight modification. The revisions to the proposed 
changes align with the existing post-receipt data correction 
requirements for generators, transporters, receiving facilities, and 
PCB commercial storage and disposal

[[Page 60717]]

facilities. Like other waste handlers, exporters may voluntarily make 
manifest data corrections at any time using the post-receipt 
corrections process. Further, exporters also must make manifest data 
corrections within 30 days from receipt of a correction request 
notification from the EPA or a State. An exporter must make corrections 
to any manifest data recorded on the export manifest so that the data 
matches manifest information recorded on the completed movement 
document submitted to the WIETS module in RCRAInfo by the foreign 
facility. This final rule modifies the proposed post-receipt manifest 
data corrections requirements to reflect these changes.
    The EPA believes it is appropriate to require that the exporter 
correct all manifest data of an export manifest for several reasons. 
First, exporters are required to be domiciled in the U.S. Therefore, 
the EPA has jurisdiction to require exporters make corrections to 
export manifest data and submit the corrections electronically to e-
Manifest system. Second, exporters are responsible for ensuring that 
the export shipments are accompanied by the movement document and the 
RCRA manifest unless the exported waste is exempted from RCRA manifest 
requirements (e.g., universal waste). Third, exporters are additionally 
required to have a contract with the foreign facility that requires it 
to send to the exporter either: (1) A copy of the signed movement 
document to confirm the foreign facility's acceptance of the export 
shipment per Sec.  262.83(f)(4), or (2) documentation from the foreign 
facility informing the exporter of the foreign facility's rejection of 
the waste in the export shipment and the need to arrange alternate 
management or the return of the waste in the export shipment per Sec.  
262.83(f)(3)(i). In cases where the foreign facility rejects waste from 
an export shipment or if the shipment status cannot be confirmed within 
certain timeframes, the exporter is required to submit an export 
Exception Report per Sec.  262.83(h).
    Lastly, by March 1st of every year, the exporter is required to 
submit an export annual report detailing the actual amounts of 
hazardous waste exported the previous calendar year per Sec.  
262.83(g). Based on the documentation that the foreign facility is 
required to send back to the exporter, the exporter is in the best 
position to make any necessary corrections to the RCRA manifest data in 
the e-Manifest system. If the foreign facility notes significant 
differences in the movement document or other documentation concerning 
the waste they received or rejected with respect to data elements 
required in both the movement document and the RCRA manifest, then the 
exporter will be required to make those corrections. Examples of such 
corrections include but are not limited to changes to waste quantity, 
applicable RCRA hazardous waste code(s), applicable DOT/UN 
identification number, waste stream consent number, or exporter's EPA 
identification number.
    The EPA appreciates comments and recommendations on its proposals 
and suggestions regarding improving the accuracy and precision of waste 
quantities and units of measure recorded in Items 11 and 12, 
respectively, on manifests. Based on comments, the EPA has decided at 
this time to not finalize these proposals or suggestions in this final 
rule. The EPA agrees with commenters that matching the units of measure 
in the BR with the manifest and requiring use of net weight for bulk 
shipments would make for a more streamlined process and would make it 
easier to transfer information from the manifest to the BR. However, 
revisions to the units of measure currently required for the BR are 
beyond the scope of this final rule and require a separate Agency 
action. The EPA also accepts one commenter's concern about the possible 
causal effects to States, generators, and receiving facilities if the 
EPA mandates use of decimals or fractions for reporting of waste 
quantities on manifests. The EPA also accepts the comment from the 
trade association, representing the retail, industry, suggesting that 
the EPA should consult with the waste hauling industry prior to making 
a final determination about reporting net or gross weight amounts on 
manifests. As mentioned previously, the EPA believes that comments 
addressing BR raised significant substantive issues that merit further 
analysis and outreach prior to adopting a final approach. The EPA also 
believes comments to the Agency's proposals considering data accuracy 
and precision improvements of waste quantities merit further analysis. 
For these reasons, the EPA is not finalizing the proposals and/or 
requested comment on alternative suggestions in this final rule.

I. PCB Manifests

1. Background and What the EPA Proposed on This Issue: PCB Manifests
    Toxic Substances Control Act (TSCA)-regulated Polychlorinated 
Biphenyls (PCBs) waste is subject to the disposal requirements under 
part 761, subpart D and must be manifested unless it is specifically 
exempted from the requirements in part 761, subpart K. Therefore, like 
RCRA and State-only hazardous wastes, TSCA-regulated PCB waste subject 
to manifesting requirements must be tracked from the point the PCB 
waste leaves the facility where it is generated until it reaches the 
facility where it is stored or disposed. The PCB manifest regulations 
also require manifest-related reporting akin to the RCRA manifest 
regulations, i.e., exception, discrepancy, and unmanifested waste 
reporting. However, the PCB manifest regulations in part 761 have not 
been updated since the launch of the e-Manifest system and thus make no 
reference to the use of electronic manifests and still require 
``handwritten'' signatures.
    The EPA proposed several conforming changes to the TSCA PCB 
regulations at part 761 to clarify the ability to use electronic 
manifests and the e-Manifest system to fulfill PCB waste tracking and 
recordkeeping requirements.\20\ The EPA also proposed conforming 
changes to the exception, discrepancy, and unmanifested waste reporting 
requirements for PCB waste. Additionally, EPA proposed the addition of 
manifest data correction procedures under Sec.  761.207(g)(2)(v) for 
PCB generators, PCB transporters, and PCB commercial storage and 
disposal facilities. The proposed procedures are equivalent to the 
existing post-receipt manifest data correction procedures in Sec. Sec.  
262.24(h), 263.20(a)(9), 264.71(l), and 265.71(l) for RCRA hazardous 
wastes. EPA also proposed changes to other TSCA PCB requirements to 
allow for the future use of an approved electronic system, such as the 
RCRAInfo industry application, for the submission of Forms 7710-53 and 
6200-025, Certificates of Disposal, and One-Year Exception Reports.\21\
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    \20\ 87 FR 19290; April 1, 2022. See page 19307.
    \21\ 87 FR 19290; April 1, 2022. See page 19308.
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2. Public Comments and Discussion of Final Rule: PCB Manifests
    Except as described in sections II.D.3, II.E.3, and II.F.3 with 
respect to discrepancy, exception, and unmanifested waste reporting 
requirements, the EPA did not receive adverse public comment on the 
proposed changes related to the PCB regulations; therefore, the EPA is 
finalizing these changes largely as proposed. The EPA is revising 
certain aspects of the discrepancy, exception, and unmanifested waste 
reporting requirements for the PCB regulations. This rule also 
finalizes changes related to post-receipt manifest data correction

[[Page 60718]]

procedures and makes additional conforming changes related to 
electronic manifesting that were inadvertently omitted from the April 
2022 NPRM.
    The EPA is finalizing several conforming changes to the TSCA PCB 
manifest regulations at part 761, subpart K to better align these 
requirements with the RCRA manifest regulations and the e-Manifest 
program. First, the EPA is finalizing the proposal to add the Hazardous 
Waste Electronic Manifest Establishment Act to the Authority section 
for part 761. As explained in the NPRM, the e-Manifest Act and current 
manifest regulations have always applied to all hazardous waste 
manifests as well as manifests for PCB waste, but the PCB regulations 
had not been updated to reflect this. The EPA is finalizing the 
proposed, conforming change in the regulation as a clarification that 
the e-Manifest Act applies to manifests for PCB waste. Second, the EPA 
is finalizing the definition for ``electronic manifest'' in Sec.  
761.3. However, the EPA is modifying the proposed definition to clarify 
that electronic manifests must be obtained from the EPA's national e-
Manifest system and transmitted electronically through the EPA's 
national e-Manifest system. Third, the EPA is finalizing its proposals 
to strike several instances of the words ``written,'' ``handwritten,'' 
and ``by hand'' from the PCB regulations at Sec. Sec.  761.210(a)(1) 
and (2), 761.211(d)(1), (e)(3), (f)(3)(i), (f)(4)(i), 761.213(a)(2)(i), 
and 761.217(a)(1) that could be interpreted to require the use of paper 
manifests. Fourth, the EPA is finalizing the proposal to add proposed 
paragraph (g) to Sec.  761.207. New Sec.  761.207(g) consists of two 
paragraphs. The first paragraph [Sec.  761.207(g)(1)] is adapted from 
Sec.  262.20(a)(3) and clarifies that any person required to prepare a 
manifest may use an electronic manifest as long as the electronic 
manifest complies with specific EPA requirements. The second paragraph 
[Sec.  761.207(g)(2)] is adapted from Sec.  262.24(a) and establishes 
the legal equivalence of electronic manifests to paper manifests. The 
proposed approach is in line with the other text of subpart K. Fifth, 
the EPA is finalizing the proposed changes in Sec.  761.209 to clarify 
how the requirement to provide copies of the manifest to each of the 
regulated parties is fulfilled by the EPA's e-Manifest system. Sixth, 
the EPA is finalizing the proposed changes in Sec.  761.213 to add two 
new paragraphs to this section. The first paragraph, (d), is adapted 
from Sec.  265.71(h) and clarifies that a commercial storage or 
disposal facility must follow certain manifest tracking procedures 
using paper manifests as replacements for the electronic manifest, if 
the electronic manifest becomes unavailable and cannot be completed. 
From the point at which the electronic manifest is no longer available 
for tracking the PCB shipment, the paper replacement manifest must be 
completed and managed just as it would be completed and managed with 
the standard paper manifest form. The second paragraph, (e), states 
that a commercial storage or disposal facility who is a user of the 
electronic manifest system shall be assessed a user fee by the EPA for 
the submission and processing of each electronic and paper manifest. 
Seventh, the EPA is finalizing the proposals to add new paragraphs to 
Sec. Sec.  761.211 for transporters and 761.213 for commercial storage 
or disposal facilities to clarify that they must follow special 
manifest tracking procedures for manifests that are initiated 
electronically, but, for whatever reason, cannot be completed 
electronically.
    The EPA is also finalizing conforming changes to the TSCA PCB 
regulations for Discrepancy Reports under Sec.  761.215, Unmanifested 
Waste Reports under Sec.  761.216, and Exception Reports under Sec.  
761.217. This final rule modifies the proposed changes to these 
requirements so that they align with the requirements finalized for the 
RCRA manifest-related reports, as described in sections II.D.4, II.E.4, 
and II.F.4 above. However, the EPA is not finalizing the proposed 
change to Sec.  761.215(f)(6). This change would have required a 
commercial storage or disposal facility to mail or submit initial 
copies of manifests to the e-Manifest system, for rejected shipments 
returned to the generator. This proposed change is not needed because 
initial manifests are not final signed manifests. The EPA e-Manifest 
system only stores final signed manifests for waste that must be 
manifested under Federal or State law; thus, facilities must submit 
final copies of signed and dated manifests to the EPA e-Manifest system 
and pay any applicable fees associated with those manifests. Manifests 
are not complete and thus final until the transportation phase of the 
manifested shipment ends. For rejected shipments returned to the 
generator, a rejecting facility initiates the transportation phase of 
the returned shipment using the initial manifest. Transportation of the 
rejected shipment ends when the shipment arrives back at the original 
generator site and the generator closes out the manifest by signing 
Item 20 of the manifest.\22\
---------------------------------------------------------------------------

    \22\ For return shipments to generators, the rejecting facility 
(e.g., the commercial storage or disposal facility) is typically 
listed as the generator on the return manifest, while the original 
generator of the waste receiving its waste as a return is shown as 
the designated or receiving facility. Therefore, the original 
generator (now listed as receiver) must send the completed signed 
copy of the return manifest to the rejecting facility (now listed as 
generator). Upon receipt of the return manifest, the rejecting 
facility must submit the return manifest to the EPA e-Manifest 
system.
---------------------------------------------------------------------------

    The EPA, however, is making conforming changes to the existing 
manifest discrepancy requirements under Sec.  761.215(g). If a 
commercial storage or disposal facility rejects a waste after it has 
signed, dated, and returned a copy of the manifest to the generator or 
delivering transporter, Sec.  761.215(g) requires the facility to amend 
its copy of the manifest to indicate that a waste was rejected and mail 
the amended manifest to the generator and delivering transporter. The 
EPA did not propose changes to Sec.  761.215(g) in the NPRM. However, 
as explained below, this final rule revises Sec.  761.213(a)(2)(iv) to 
clarify that receiving facilities are only required to mail signed 
manifests to a generator if the generator is not registered in the 
EPA's e-Manifest system. Those generators who are registered would be 
able to obtain signed and dated copies of completed manifests from the 
EPA e-Manifest system rather than mailed from the commercial storage or 
disposal facility. Therefore, this final rule makes conforming changes 
to the manifest discrepancy requirements under Sec.  761.215(g) so that 
they are consistent with the revisions to Sec.  761.213(a)(2)(iv) 
regarding the conditions under which the transmittal requirement for 
the final manifest is satisfied if the recipient of the manifest is 
registered and can obtain the signed and dated manifest from the EPA e-
Manifest system.
    Regarding the Exception Report requirements for manifested PCB 
wastes, this final rule finalizes revisions for PCB wastes under 
existing Sec.  761.217(a)(1) to align the shipment verification 
timeframe for PCB generators with the new 45-day timeframe for RCRA 
LQGs (previously 35 days of the date the waste was accepted by the 
initial transporter). This final rule makes conforming changes to Sec.  
761.217(a)(2) to require Exception Reports be submitted for PCB 
manifest shipments no later than 60 days of the date the waste was 
accepted by the initial transporter, which is the same timeframe for 
RCRA LQGs. The EPA is also making conforming changes to Sec.  
761.217(b)(2) to reflect the 45- and 60-

[[Page 60719]]

day timeframes. This final rule also finalizes the proposed 
requirements at Sec.  761.217(c) for electronic exception reporting as 
proposed. New paragraph (c) prescribes the conditions under which 
electronic Exception Reports are the full legal equivalent of written, 
paper Exception Reports for all TSCA purposes.
    The EPA reiterates that, unlike RCRA hazardous waste LQGs and SQGs, 
PCB generators are not required to register with e-Manifest. Thus, this 
final rule does not affect a PCB generator's ability to submit 
Exception Reports for paper-based manifests to the EPA via postal mail. 
However, PCB generators with RCRA-issued EPA ID numbers may register 
with e-Manifest so that they can prepare and submit Exception Reports 
in the system. PCB generators with RCRA-issued EPA ID numbers may also 
opt into electronic manifesting which would enable them to track their 
waste shipment electronically in the system. Otherwise, PCB generators 
may continue to submit the manifest-related report to the EPA via 
postal mail. For further information regarding leveraging the e-
Manifest system to satisfy the exception reporting requirements, refer 
to preamble section II.D.4.
    Regarding Discrepancy Reports, this final rule finalizes changes to 
Sec.  761.215 to allow PCB commercial storage and disposal facilities 
to use the e-Manifest system to satisfy discrepancy reporting 
requirements. However, this final rule modifies existing paragraph (c) 
of the discrepancy reporting requirements by restricting submission of 
these Discrepancy Reports to the e-Manifest system. Thus, PCB 
commercial storage and disposal facilities will no longer have the 
option to submit Discrepancy Reports to the EPA via postal mail. (For 
additional discussion regarding the final decisions for electronic 
discrepancy reporting and the date on which these new requirements 
become effective, refer to preamble section II.E.4). Since submission 
of Discrepancy Reports is restricted to electronic formats (regardless 
of whether paper or electronic manifests are used), the EPA is removing 
the requirement that commercial storage and disposal facilities provide 
a separate cover letter describing the discrepancy and attempts to 
reconcile the discrepancy. Instead, facilities will be required to 
provide this description in the EPA's e-Manifest system as part of the 
electronic Discrepancy Report.
    In addition, the EPA is not finalizing proposed paragraphs (c)(1) 
through (4), which would have addressed the legal equivalency of the 
electronic reports to the written, paper reports, and allow for 
electronic discrepancy reporting for wastes shipped on electronic or 
hybrid manifests.
    Regarding Unmanifested Waste Reports, the EPA is finalizing its 
proposals with slight modification. This final rule makes conforming 
changes to the unmanifested waste reporting requirements based on 
public comments, as discussed in preamble section II.F. This final rule 
also establishes a delayed compliance date that begins on December 1, 
2025, on which regulated entities must comply with the electronic 
unmanifested reporting requirements for PCB manifested shipments. The 
delayed compliance date is discussed in preamble section II.F.4. 
Today's rule finalizes the proposals under Sec.  761.216 that require 
PCB commercial storage or disposal facilities to submit Unmanifested 
Waste Reports electronically in the e-Manifest system. Thus, this final 
rule removes the option allowing PCB commercial storage and disposal 
facilities to submit Unmanifested Waste Reports via postal mail. Based 
on the final rule decisions described in the preamble section II.F.4, 
this rule does not finalize the proposed unmanifested waste requirement 
under paragraph (c) where the EPA would assess a user fee, equivalent 
to the user fees for electronic manifests, on commercial storage and 
disposal facilities for each submission of an electronic Unmanifested 
Waste Report.
    The EPA is finalizing the manifest data correction procedures 
proposed under Sec.  761.207(g)(2)(v), with modifications to conform 
with final revisions to the existing post-receipt manifest data 
correction requirements in Sec. Sec.  262.24(h), 263.20(a)(9), 
264.71(l)(1) and 265.71(l)(1), as described in section II.H.4 of this 
preamble. Data correction submissions must be made electronically in 
the system via the post-receipt data corrections process by following 
the process described in Sec.  264.71(l), which applies to corrections 
made to either paper or electronic manifest records. However, as 
explained previously in preamble section II.C.4, PCB generators are not 
required to register in the e-Manifest system. Therefore, this final 
rule further revises the proposed requirement of Sec.  761.207(g)(2)(v) 
to clarify that PCB generators are required to electronically submit 
manifest data corrections via the e-Manifest system within 30 days from 
receipt of a notification request from EPA or States and that PCB 
generators who are not registered with the EPA e-Manifest system 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. Transporters and commercial storage and 
disposal facilities are expected to make and submit data corrections 
electronically for transporter information recorded in Item 17 and 
Items 18-20 of manifests, respectively, and any corresponding 
corrections to manifest continuation sheets, if applicable. 
Additionally, commercial storage and disposal facilities must submit 
corrections to Items 10-13 of the manifest so that the corrections 
address manifest data discrepancies reported in Item 18a of the 
manifest. (See preamble section III.G.4 for further explanation). The 
EPA points out that PCB waste handlers may continue submitting 
corrections to manifest data electronically without prior notification 
from the EPA or States as an interested party of the manifest data. 
Such generators must also follow the data corrections process described 
in Sec.  264.71(l).
    The EPA is also finalizing the proposed changes to the PCB 
regulations at Sec. Sec.  761.205, 761.218, and 761.219, respectively. 
EPA is finalizing these changes to allow the submission of these 
documents in the future through an EPA-approved electronic system, such 
as the RCRAInfo Industry Application.
    The EPA is not finalizing the proposed changes to Sec.  
761.180(b)(3). This is because EPA has already finalized revisions to 
this requirement in the August 2023 PCB Final Rule.\23\ Therefore the 
proposed changes discussed in the NPRM are no longer needed.
---------------------------------------------------------------------------

    \23\ 88 FR 59662; August 29, 2023. See page 59677.
---------------------------------------------------------------------------

    As mentioned previously, the EPA proposed many conforming changes 
to the TSCA PCB regulations at part 761 clarifying the ability to use 
electronic manifests and the e-Manifest system to fulfill waste 
tracking and recordkeeping requirements. This final rule makes 
additional conforming changes to existing TSCA PCB manifest regulations 
that were inadvertently omitted from the proposed rule. First, this 
final rule makes conforming changes to Sec.  761.213(a)(2)(iv) and (v) 
to codify that receiving facilities send a signed and dated copy of 
Page (1) of the manifest to the EPA e-Manifest system. This final rule 
also modifies these paragraphs in a couple of ways. The final rule 
revises Sec.  761.213(a)(2)(iv) to clarify that generators who are 
registered with the EPA's e-Manifest system may obtain their signed and 
dated copies of completed manifests from the EPA e-Manifest system. The 
final rule makes

[[Page 60720]]

conforming changes to paragraph (a)(2)(v) so that it is consistent with 
the revisions to the manifest paper submission requirements revisions 
for RCRA hazardous waste (see preamble discussion in section II.I.2 
regarding conforming changes to Sec. Sec.  264.71(a)(2)(v)(B) and 
265.71(a)(2)(v)(B)).
    Second, this final rule makes conforming changes to Sec.  
761.215(c) to reflect the new 20-day submission timeframe for manifest 
discrepancy reporting. The EPA revised the manifest discrepancy 
reporting timeframe under Sec. Sec.  264.72(c) and 265.72(c) to allow 
receiving facilities up to 20 days to reconcile a shipment with the 
generator and/or transporter for manifest discrepancies. The EPA 
inadvertently omitted revising the equivalent TSCA PCB discrepancy 
reporting requirements under Sec.  761.215(c). Therefore, this final 
rule modifies paragraph (c) to reflect that commercial storage and 
disposal facilities also have up to 20 days to reconcile a shipment 
with the generator and/or transporter for manifest discrepancies.

J. Technical Corrections

    The EPA proposed a few technical corrections to various RCRA and 
TSCA regulations. The EPA did not receive adverse comment to the 
proposed technical corrections; therefore, this final rule is 
finalizing the changes as proposed. The following is a list of the 
final changes:
     Revise Sec. Sec.  264.71(a) and 265.71(a) by removing the 
obsolete requirement under paragraph (a)(2)(v)(A) and reserving it for 
future use. This requirement is obsolete since as of June 30, 2021, the 
EPA no longer accepts paper manifest submissions--and any paper 
manifest continuation sheets--to the e-Manifest system for purposes of 
data entry and processing via postal mail. Currently, receiving 
facilities must submit paper manifests to the e-Manifest system in 
accordance with Sec. Sec.  264.71(a)(2)(v)(B) and 265.71(a)(2)(v)(B).
     Revise paragraphs (a) and (b) of Sec. Sec.  264.1311 and 
265.1311 to remove the mention of ``by mail/in lieu of submitting 
mailed paper forms'' from the requirements. As mentioned above the EPA 
no longer accepts paper manifest submissions--and any paper manifest 
continuation sheets--to the e-Manifest system for purposes of data 
entry and processing via postal mail.
     Revise minor typographical misspelling errors to change 
``eManfiest'' to ``e-Manifest'' in the Operations and Maintenance (O&M) 
Cost portion of the user fee formulas in paragraphs (a) and (b) of 
Sec. Sec.  264.1312 and 265.1312.
     Revise a typographical error found in paragraph (e) of 
Sec.  761.60. Paragraph (e) accurately refers to ``an incinerator 
approved under Sec.  761.70 or a high-efficiency boiler operating in 
compliance with Sec.  761.71'' twice in the first sentence. However, 
the fifth sentence uses incorrect citations in a similar reference to 
``a Sec.  761.60 incinerator or a Sec.  761.61 high-efficiency 
boiler.'' The EPA is correcting the regulatory citations in the fifth 
sentence to read ``a Sec.  761.70 incinerator or a Sec.  761.71 high 
efficiency boiler.''
    In addition to the final changes listed above, the EPA is making 
conforming changes to Sec. Sec.  264.71(a) and 265.71(a) by revising 
the language in paragraph (a)(2)(v)(B) to further clarify that 
receiving facilities can only submit scanned images upload or data plus 
image uploads of the top copy (Page 1) of the manifest and any 
continuation sheet to the EPA's e-Manifest system. Further, the EPA is 
revising paragraph (a)(2)(V)(B) by removing the obsolete regulatory 
language in paragraph (a)(2)(v)(B) which reads, ``Submissions of copies 
to the e-Manifest system shall be made to the electronic mail/
submission address specified at the e-Manifest program website's 
directory of services.'' As explained above, the EPA proposed deletion 
of paragraph (a)(2)(v)(A) but overlooked including these conforming 
changes to paragraph (a)(2)(V)(B) in the NPRM.

III. State Implementation

A. Applicability of Rules in Authorized States

    Under section 3006 of RCRA, the EPA may authorize a State hazardous 
waste program to operate in lieu of the Federal program within the 
State. Following authorization, the EPA maintains its enforcement 
authorities, although authorized States have primary enforcement 
responsibility for their authorized programs. The standards and 
requirements for State authorization are found in part 271.
    Prior to the enactment of the Hazardous and Solid Waste Amendments 
of 1984 (HSWA), an authorized State hazardous waste program operated 
entirely in lieu of the Federal program in that State. The Federal 
requirements no longer applied in the authorized State, and the EPA 
could not issue permits for any facilities in that State. When new, 
more stringent or broader Federal requirements were promulgated, the 
State was obligated to adopt equivalent authorities under State law 
within specified time frames.
    However, new requirements did not take effect in an authorized 
State until the State adopted such equivalent authorities, and these 
requirements did not become part of the authorized program enforceable 
by the EPA until the EPA authorized them.
    In contrast, with the enactment of RCRA section 3006(g), which was 
added by HSWA, new Federal requirements and prohibitions imposed 
pursuant to HSWA authority take effect in authorized States at the same 
time that they take effect in unauthorized States. The EPA is directed 
by section 3006(g) to implement HSWA-based requirements and 
prohibitions in authorized States until the EPA authorizes equivalent 
State authorities. While States must still adopt State-law equivalents 
to HSWA-based requirements and prohibitions to retain final 
authorization, until the States do so, and the EPA authorizes the 
State-law equivalents, the EPA implements and enforces these provisions 
in authorized States.
    Authorized States are required to modify their programs when the 
EPA promulgates Federal requirements that are more stringent or broader 
in scope than existing Federal requirements. RCRA section 3009 allows 
the States to impose standards more stringent than those in the Federal 
program (see also Sec.  271.1). If the EPA promulgates a Federal 
requirement that is less stringent or narrower in scope than an 
existing requirement or of equivalent stringency, authorized States 
may, but are not required to, adopt a new equivalent requirement 
regardless of whether or not it is promulgated under HSWA authority.
    The e-Manifest Act contains similar authority to HSWA with respect 
to Federal and State implementation responsibilities in RCRA authorized 
States. Section 2(g)(3) of the e-Manifest Act, entitled Administration, 
provides that the EPA shall carry out regulations promulgated under the 
Act in each State unless the State program is fully authorized to carry 
out such regulations in lieu of the EPA. Also, section 2(g)(2) of the 
Act provides that any regulation promulgated by the EPA under the e-
Manifest Act shall take effect in each State (under Federal authority) 
on the same effective date that the EPA specifies in its promulgating 
regulation. Thus, the result is that regulations promulgated by the EPA 
under the e-Manifest Act, like HSWA-based regulations, are implemented 
and enforced by the EPA until the States are authorized to carry them 
out.
    Because the RCRA manifest requires strict consistency in its 
implementation,

[[Page 60721]]

the EPA changes to Federal manifest form requirements must be 
implemented consistently in the States and on the same effective date. 
See 70 FR 10776 at 10810 (March 4, 2005). This is true whether the 
manifest form change is based on RCRA or on e-Manifest Act authority 
and whether the changes are more or less stringent than the existing 
Federal program.
    TSCA does not grant the EPA authority to authorize States to 
administer the PCB program. The EPA directly implements the Federal PCB 
regulations in all States and territories. Because TSCA is not 
administered by State programs, all changes to 40 CFR part 761 become 
effective in all States and territories on the effective date of the 
rule.
    While the revised manifest requirements for collection of export 
manifests and Exception, Discrepancy, and Unmanifested Waste Reports in 
the e-Manifest system will be implemented on a delayed compliance date, 
RCRA and TSCA entities in all States must comply with these 
requirements on and after the compliance date of December 1, 2025.
    The remainder of this section discusses the State authorization 
implications for today's revised manifest requirements.

B. Effect on State Authorization

    There are various authorities on which the provisions of this final 
rule are based; these authorities affect State implementation of these 
provisions. First, some of the provisions in this final rule are based 
on the authority of the e-Manifest Act and are listed in the table 
below. The EPA will implement, and regulated entities must comply with, 
these provisions in all States consistently either on the effective 
date of the rule or on the delayed compliance date, December 1, 2025, 
for certain provisions. States must adopt the authorizable e-Manifest 
Act-based provisions of this final rule in order to enforce them under 
State law, and to maintain manifest program consistency. However, the 
EPA will continue to implement and enforce these provisions until such 
time as the State modifies its authorized program to adopt these 
provisions and receives authorization from the EPA for the program 
modification.

------------------------------------------------------------------------
               Regulation                            Subject
------------------------------------------------------------------------
Sec.   262.42(a)(1) through (4), (b),    Submission of Electronic
 (c)(2).                                  Exception Reports to the e-
                                          Manifest system.
Sec.   262.83(4).......................  Exporters' submission of
                                          required electronic or paper
                                          manifest to the system.
Sec.   262.83(c)(4)(i).................  Imposition of fees on exporters
                                          for their manifest submission.
Sec.   262.83(c)(4)(iv)................  Exporters' replacement
                                          manifests.
Sec.   262.83(c)(4)(v).................  Exporters' post receipt data
                                          corrections.
Sec.   264.72(c), Sec.   265.72(c).....  Submission of Electronic
                                          Discrepancy Reports to the e-
                                          Manifest System.
Sec.   264.76(b), Sec.   265.76(b).....  Submission of Electronic
                                          Unmanifested Waste Reports to
                                          the e-Manifest system.
------------------------------------------------------------------------

    In the EPA's proposed rule, we had originally described certain 
manifest-related report provisions as based on RCRA (non-HSWA) 
authority (i.e., 40 CFR 262.42(a)(1) and (2), 262.42(b), 262.42(c)(2), 
264.72(c), and 265.72(c)). We have since re-evaluated this description 
and have concluded in this final rule that these amendments are being 
promulgated under the e-Manifest Act. That is, even if certain 
manifest-related report provisions at Sec. Sec.  262.42(a)(1) and (2), 
262.42(b), 262.42(c)(2), 264.72(c), and 265.72(c) were originally 
promulgated under the RCRA base statutory authority, given the specific 
amendments in today's rule, these amendments are in fact being 
promulgated under the e-Manifest Act authority and therefore will be 
effective, implemented and enforced as described above. Section 2(g)(1) 
of the e-Manifest Act, RCRA section 3024(g)(1), 42 U.S.C. 6939g(g)(1), 
authorizes the EPA to promulgate regulations ``to be necessary to 
facilitate the transition from the use of paper manifests to the use of 
electronic manifests, or to accommodate the processing of data from 
paper manifests in the electronic manifest system, including a 
requirement that users of paper manifests submit to the system.'' The 
EPA interprets this authority to extend also to the promulgation of 
regulations for manifest-related report submissions to the e-Manifest 
system because such reports are directly tied into manifests. 
Specifically, these manifest-related reports would not exist if not for 
manifests in the first place, and therefore would similarly be part of 
the transition to use of the e-Manifest system. As a result, these 
particular provisions appear in the above table.
    Second, some of the provisions in this final rule are promulgated 
under HSWA authority. These HSWA provisions are the import/export 
provisions discussed in section II.B.1 and II.B.3, as well as 
Sec. Sec.  262.83(c)(3), 264.71(a)(3), 265.71(a)(3), and 267.71(a)(6). 
They are also the import/export provisions discussed in section II.G as 
proposed amendments to movement document regulations and certain 
technical corrections and conforming amendments to import and export 
requirements. As the EPA discussed in section II.G.3, the EPA will 
finalize all these provisions as proposed. Because these provisions are 
promulgated under HSWA authority, these provisions will be implemented 
and enforced by the EPA in all States consistently on the effective 
date of the final rule. Although States do not receive authorization to 
administer the Federal Government's import/export functions in part 
262, subpart H, or the import/export related functions in certain other 
RCRA hazardous waste regulations, State programs are still required to 
adopt the provisions in this rule to maintain their equivalency with 
the Federal program (see 40 CFR 271.10(a) and (d)).
    Finally, as discussed above, the Federal provisions promulgated 
under the e-Manifest Act must be adopted by States with strict 
consistency. Likewise, the import/export provisions promulgated under 
HSWA must also be adopted by States without modification. Thus, these 
Federal provisions will apply in all States on the effective date, and 
States will still need to adopt these provisions under State law. 
Because the TSCA PCB program is administered by the EPA and not States, 
all regulatory changes to part 761 become effective in all States and 
territories on the effective date of the rule.

C. Conforming Changes to 40 CFR 271.10 and 271.12

    This final rule also includes conforming changes to Sec. Sec.  
271.10 and 271.12, addressing the requirements for hazardous waste 
generators and exporters, and receiving facilities, respectively, that 
must be included in authorized State programs to maintain consistency 
with the Federal program. The conforming changes to Sec.  271.10 
regarding regulatory amendments to the hazardous waste export and 
import regulations are discussed in preamble section II.B. The first 
change, at

[[Page 60722]]

Sec.  271.10(f)(4), clarifies that authorized State programs must 
include requirements for electronic Exception Reports submitted to the 
EPA's e-Manifest system, in lieu of sending signed copies to the EPA 
Regional Administrator or the States.
    The second change, at Sec.  271.10(h)(2), clarifies that a State 
may only collect a generator's initial copy of a manifest when a paper 
manifest is used (i.e., manifests that do not originate in the e-
Manifest system). This is because the EPA system collects only the 
receiving facilities' paper copies, and not the initial paper manifest 
copy from generators, thus the generator's initial paper copy will not 
be available to States from the e-Manifest system. The EPA established 
requirements in the 2014 One Year Final Rule for designated facilities 
to submit copies of paper manifests to the e-Manifest system in lieu of 
supplying them directly to States at Sec. Sec.  264.71(a)(2)(v) and 
265.71(a)(2)(v). However, the EPA noted in the 2014 final rule that 
designated facilities must continue to supply paper copies of manifests 
to States until the Agency determines when the e-Manifest system 
becomes operational. At that time, the EPA explained that the 
requirement for designated facilities to supply paper manifest copies 
directly to States was intended to be replaced eventually with a 
requirement for designated facilities to submit their paper manifest 
copies to the EPA e-Manifest System for data processing once that the 
system was operational. Thus, the EPA stated in the One Year Rule that 
the current provisions of paragraph (h)(2) would remain unchanged and 
effective until the EPA announced the schedule for the receipt of 
facility copies and then amended these provisions accordingly.\24\ The 
EPA also noted at that time that States could still require the 
collection of generator copies as a component of State programs under 
State law. The EPA announced the launch of the e-Manifest system and 
the schedule under which designated facilities would be required to 
submit paper manifest copies to the e-Manifest system in the 2018 User 
Fee Final Rule. However, the EPA neglected revisions to paragraph 
(h)(2). This final rule modifies Sec.  271.10(h)(2) accordingly as 
originally intended.
---------------------------------------------------------------------------

    \24\ 79 FR 7518; February 7, 2014. See page 7555.
---------------------------------------------------------------------------

    The third change, at Sec.  271.10(j), clarifies that authorized 
State programs must include a requirement that hazardous waste 
exporters submit a signed copy of each paper manifest and continuation 
sheet (or the data from paper manifests) to the EPA's e-Manifest 
system, in lieu of providing additional copies of the manifest to the 
hazardous waste transporters. Revisions to Sec.  271.10(j) also clarify 
that authorized State programs must include requirements for hazardous 
waste exporters to pay user fees to the EPA to recover all costs 
related to the operation of an electronic hazardous waste manifest 
system (e-Manifest system). These modifications are necessary to 
effectuate the intent of Congress that under the e-Manifest Act, the e-
Manifest system will operate as a national, one-stop reporting hub for 
manifests and data, and manifest-related reports such as Exception 
Reports, Discrepancy Reports and Unmanifested Waste reports.
    The EPA is not finalizing the proposed conforming change to Sec.  
271.12(k) that would have clarified that authorized State programs must 
include requirements for hazardous waste management facilities and 
facilities submitting electronic Unmanifested Waste Reports in the e-
Manifest system to pay user fees to the EPA. Since the EPA is not 
finalizing a user fee requirement for the submission of Unmanifested 
Waste Reports to the e-Manifest system (see section II.F.4), this 
provision is no longer necessary.
    Finally, the e-Manifest-related amendments at Sec.  271.12(l) and 
(m) must be included in authorized State programs for electronic 
Discrepancy Reports and Unmanifested Waste Reports to maintain 
consistency with the Federal program. The amendments to Sec.  271.12(l) 
and (m) clarify that authorized programs must include requirements that 
designated or receiving facilities submit electronic Discrepancy 
Reports and Unmanifested Waste Reports in the EPA's e-Manifest system, 
in lieu of sending signed copies to the States.
    The EPA notes that the Agency the revised manifest provisions for 
collection of export manifests (Sec.  271.10(j)), Exception Reports 
(Sec.  271.10(f)(4)), Discrepancy Reports (Sec.  271.12(l)) and 
Unmanifested Waste Reports (Sec.  271.12(m)) in the e-Manifest system 
will be implemented in all States on the delayed compliance date 
beginning on December 1, 2025.

D. Provisions of the Proposed Rule That Are Not Authorizable

    There are some provisions in this final rule that are ``not 
authorizable.'' By this term, the EPA means those provisions in this 
final rule that can be administered only by the EPA, and not by 
authorized States. The first group of non-authorizable requirements 
included in this final rule are Sec.  262.21(f)(5) through (7). These 
provisions together announce the revised printing specification for the 
final four-copy paper manifest and continuation sheet paper forms, the 
revised copy distribution requirements to be printed on each copy of 
the form, and the revised specification for printing the appropriate 
manifest instructions on the back of the form copies. State programs 
are not required to take any action respecting these regulatory changes 
to the printing specifications, and they will take effect in all States 
on the effective date of this rule. See generally 83 FR 420 at 448 
(January 3, 2018). As discussed in section IV.A. above, the RCRA 
manifest requires strict consistency in its implementation, so that an 
EPA change to Federal manifest form requirements must be implemented 
consistently in the States. See generally 70 FR 10776 at 10810 (March 
4, 2005). States are not authorized to administer or enforce these RCRA 
manifest form provisions.
    The second group of non-authorizable requirements in this final 
rule are regulatory amendments to certain fee methodology and related 
fee implementation provisions set forth in subpart FF of parts 264 and 
265. These requirements include definitions relevant to the program's 
fee calculations (Sec. Sec.  264.1311, 265.1311), and the user fee 
calculation methodology (Sec. Sec.  264.1312, 265.1312). These user fee 
provisions in subpart FF are based on the authority of the e-Manifest 
Act and will be implemented and enforced by the EPA on the effective 
date of the final rule and perpetually thereafter. The user fee 
provisions of subpart FF describe the methods and processes that the 
EPA alone will use in setting fees to recover its program costs, and in 
administering and enforcing the user fee requirements. Therefore, 
States cannot be authorized to implement or enforce any of the subpart 
FF provisions.
    Although States cannot receive authorization to administer or 
enforce the Federal government's e-Manifest program user fees, 
authorized State programs must still include the content of or 
references to the subpart FF requirements. This is necessary to ensure 
that members of their regulated communities will be on notice of their 
responsibilities to pay user fees to the EPA e-Manifest system when 
they utilize the system. Authorized State programs must either adopt or 
reference appropriately the user fee requirements of this final rule. 
However, when a State adopts the user fee provisions of this rule, the 
State must not replace Federal or EPA references with State references

[[Page 60723]]

or terms that would suggest the collection or implementation of these 
user fees by the State.
    The last group of non-authorizable provisions in this final rule 
are regulatory amendments to certain export and import regulations 
detailed in preamble sections II.B.1 and II.G.3. Because of the Federal 
Government's special role in matters of foreign policy, the EPA does 
not authorize States to administer Federal import/export functions in 
the regulations discussed in those preamble sections. This approach of 
having Federal, rather than State, administration of the import/export 
functions promotes national coordination, uniformity, and the 
expeditious transmission of information between the United States and 
foreign countries.
    Although States do not receive authorization to administer the 
Federal government's import/export functions in part 262, subpart H, or 
the import/export related functions in certain other RCRA hazardous 
waste regulations, State programs are still required to adopt the 
provisions in this rule to maintain their equivalency with the Federal 
program (see 40 CFR 271.10(a) and (d)).
    This rule contains many amendments to the export and import 
shipment movement document-related requirements under 262, subpart H to 
more closely link the manifest data with the movement document data. 
The rule also contains conforming import and export-related amendments 
to parts 260, 261, 262, 263, 264, 265, 267, and 271, all of which are 
more stringent.
    The States that have already adopted parts 262, subpart H, 263, 
264, part 265, and any other import/export related regulations 
discussed in this final rule must adopt the revisions to those 
provisions in this final rule. When a State adopts the import/export 
provisions in this rule, they must not replace Federal or international 
references or terms with State references or terms.

IV. Statutory and Executive Orders Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866, as amended by Executive Order 14094, and was 
therefore not subject to a requirement for Executive Order 12866 
review. The EPA prepared an economic analysis of the potential costs 
and benefits associated with this action. This analysis (titled ``The 
Regulatory Impact Analysis for the EPA's Final Rule Integrating e-
Manifest with Hazardous Waste Exports and Other Manifest-related 
Reports, PCB Manifest Amendments and Technical Corrections'') is 
available in the docket.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this final rule will be 
submitted for approval to the Office of Management and Budget (OMB) 
under the PRA. The Information Collection Request (ICR) document that 
the EPA prepared has been assigned EPA ICR number 2712.02. You can find 
a copy of the ICR in the docket for this rule, and it is briefly 
summarized here. The information collection requirements are not 
enforceable until OMB approves them.
    Implementation of this e-Manifest rule will impose new information 
collection requirements on the regulated community who must use the 
manifest for tracking hazardous waste export shipments, and who must 
prepare manifest-related reports such as exception, discrepancy, and 
Unmanifested Waste Reports to address specific problems that arise in 
the use of the manifest. The rule also consists of a series of 
clarifications to the manifest regulations under RCRA and TSCA that are 
not expected to result in behavior changes by the regulated community, 
and therefore do not have associated costs.
    Generally, the generators, transporters, designated facilities, and 
emergency response teams (in the case of accidents) are the primary 
users of manifests. However, the EPA may review these documents during 
a facility inspection to make sure proper records are being kept and 
regulations are complied with. The EPA also reviews and responds to 
Exception Reports, Discrepancy Reports, and Unmanifested Waste Reports. 
The public will also have access to data in the e-Manifest system.
    Although the primary effect of this final rule is to replace 
current paper-based information requirements with electronic-based 
requirements to submit or retain the same shipment information, there 
could be minor additions or changes to the information collection 
requirements, such as information that may be provided to establish 
user accounts and fee payment accounts, information submitted for 
identity management, as well as waste profile or other information that 
may be useful for the creation and submission of electronic manifests, 
manifest-related reports, or manifest corrections.
    Respondents/affected entities: Business or other for-profit.
    Respondent's obligation to respond: The recordkeeping and 
notification requirements are required for parties performing relevant 
manifest activities (e.g., submitting export manifests, generators 
registering for e-Manifest). These requirements are described in detail 
in the ICR Supporting Statement.
    Estimated number of respondents: 199,796.
    Frequency of response: Per Shipment.
    Total estimated burden: 2,585,955 hours (per year). Burden is 
defined at 5 CFR 1320.3(b).
    Total estimated cost: $135,404,144 (per year), includes $23,173,452 
annualized capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB 
approves this ICR, the Agency will announce that approval in the 
Federal Register and publish a technical amendment to 40 CFR part 9 to 
display the OMB control number for the approved information collection 
activities contained in this final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
small entities subject to the requirements of this action are hazardous 
waste exporters. The Agency has determined that, at the upper bounds of 
two ``worst-case'' scenarios, 174 exporters may experience an impact 
that will not exceed one percent to three percent of annual revenues. 
Details of this analysis are presented in the section 4.2 Regulatory 
Flexibility of the Regulatory Impact Analysis of the EPA's Final Rule 
Integrating e-Manifest with Hazardous Waste Exports and Other Manifest-
related Reports, PCB Manifest Amendments and Technical Corrections.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million 
(adjusted annually for inflation) or more (in 1995 dollars) as 
described in UMRA, 2 U.S.C. 1531-1538, and does not

[[Page 60724]]

significantly or uniquely affect small governments. The costs involved 
in this action are estimated not to exceed $183 million in 2023$ ($100 
million in 1995$ adjusted for inflation using the GDP implicit price 
deflator) or more in any one year.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications as specified in 
Executive Order 13175. It will not impose any new requirements on 
Tribal officials, nor will it impose substantial direct compliance 
costs on them. This action will not create a mandate for Tribal 
governments, i.e., there are no authorized Tribal programs that will 
require revision and reauthorization on account of the e-Manifest 
system and regulatory program requirements. Nor do we believe that the 
e-Manifest system will impose any enforceable duties on these entities. 
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 directs Federal agencies to include an 
evaluation of the health and safety effects of the planned regulation 
on children in Federal health and safety standards and explain why the 
regulation is preferable to potentially effective and reasonably 
feasible alternatives. This action is not subject to Executive Order 
13045 because it is not a significant regulatory action under section 
3(f)(1) of Executive Order 12866, and because the EPA does not believe 
the environmental health or safety risks addressed by this action 
present a disproportionate risk to children.
    This action is not an economically significant regulatory action as 
defined by Executive Order 12866. In addition, because the rule will 
not increase risk related to exposure to hazardous materials, the 
Agency does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    The EPA believes that the human health and environmental conditions 
that exist prior to this action do not result in disproportionate and 
adverse effects on communities with EJ concerns. The e-Manifest system, 
and its data, is publicly available and results in greater transparency 
of hazardous waste activity in communities.
    The EPA believes that this action is not likely to result in new 
disproportionate and adverse effects on communities with environmental 
justice concerns. This action provides greater access to information 
regarding hazardous waste shipments exported out of the U.S. and 
information regarding irregularities in the manifest process, e.g., 
manifest exception, discrepancy, and unmanifested waste reporting. The 
information supporting this Executive order review is contained in the 
Regulatory Impact Analysis for the EPA's Final Rule Integrating e-
Manifest with Hazardous Waste Exports and Other Manifest-related 
Reports, PCB Manifest Amendments and Technical Corrections found in the 
docket.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Parts 260, 261, 262, 263, 264, 265, 267, 
270, 271, and 761

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Electronic 
reporting requirements, Exports, Hazardous materials transportation, 
Hazardous substances, Hazardous waste, Imports, Indians-lands, 
Insurance, Intergovernmental relations, Labeling, Licensing and 
registration, Packaging and containers, Penalties, Polychlorinated 
biphenyls (PCBs), Recycling, Reporting and recordkeeping requirements, 
Security measures, Surety bonds, Water supply.

Michael S. Regan,
Administrator.
    For the reasons set forth in the preamble, the EPA is amending 40 
CFR parts 260, 261, 262, 263, 264, 265, 267, 271, and 761 as follows:

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

0
1. The authority citation for part 260 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 
6937, 6938, 6939, 6939g and 6974.


0
2. Amend Sec.  260.2, in paragraphs (d)(1) and (2), by adding a 
sentence at the end of each paragraph to read as follows:


Sec.  260.2  Availability of information; confidentiality of 
information.

* * * * *
    (d)(1) * * * After January 22, 2025, no claim of business 
confidentiality may be asserted by any person with respect to 
information contained in hazardous secondary material export documents 
prepared, used and submitted under Sec.  261.4(a)(25) of this chapter, 
whether submitted electronically into the EPA's Waste Import Export 
Tracking System or in paper format.
    (2) * * * After January 22, 2025, the EPA will make available to 
the public under this section any hazardous secondary material export 
documents prepared, used and submitted under Sec.  261.4(a)(25) of this 
chapter on March 1 of the calendar year after the related hazardous 
secondary material exports occur, when these documents are considered 
by the EPA to be final documents.

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
3. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and 
6938.


0
4. Amend Sec.  261.4 by revising paragraphs (a)(25)(i)(A) and (H) and 
(a)(25)(v) to read as follows:


Sec.  261.4  Exclusions.

    (a) * * *
    (25) * * *
    (i) * * *
    (A) Name, site address, telephone number and EPA ID number (if

[[Page 60725]]

applicable) of the hazardous secondary material generator;
* * * * *
    (H) The name and site address of the reclaimer, any intermediate 
facility and any alternate reclaimer and intermediate facilities; and
* * * * *
    (v) The EPA will provide a complete notification to the country of 
import and any countries of transit. A notification is complete when 
EPA receives a notification which EPA determines satisfies the 
requirements of paragraph (a)(25)(i) of this section.
* * * * *

0
5. Amend Sec.  261.6 by revising paragraphs (a)(3)(i)(A) and (B) to 
read as follows:


Sec.  261.6  Requirements for recyclable materials.

    (a) * * *
    (3) * * *
    (i) * * *
    (A) The person initiating a shipment for reclamation in a foreign 
country, and any intermediary arranging for the shipment, must comply 
with the requirements applicable to an exporter in Sec.  262.83 of this 
chapter with the exception of Sec.  262.83(c);
    (B) Transporters transporting a shipment for export or import must 
comply with the movement document requirements listed in Sec.  
263.20(a)(2) and (c) of this chapter.
* * * * *

0
6. Amend Sec.  261.39 by revising paragraphs (a)(5)(i)(A) and (F), 
(a)(5)(v)(B) introductory text, and (a)(5)(xi) to read as follows:


Sec.  261.39  Conditional Exclusion for Used, Broken Cathode Ray Tubes 
(CRTs) and Processed CRT Glass Undergoing Recycling.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (A) Name, site address, telephone number and EPA ID number (if 
applicable) of the exporter of the CRTs.
* * * * *
    (F) The name and site address of the recycler or recyclers and the 
estimated quantity of used CRTs to be sent to each facility, as well as 
the names of any alternate recyclers.
* * * * *
    (v) * * *
    (B) The exporter or a U.S. authorized agent must:
* * * * *
    (xi) Annual reports must be submitted to the EPA using the 
allowable methods specified in paragraph (a)(5)(ii) of this section. 
Exporters must keep copies of each annual report for a period of at 
least three years from the due date of the report. Exporters may 
satisfy this recordkeeping requirement by retaining electronically 
submitted annual reports in the CRT exporter's account on the EPA's 
Waste Import Export Tracking System (WIETS), or its successor system, 
provided that a copy is readily available for viewing and production if 
requested by any the EPA or authorized State inspector. No CRT exporter 
may be held liable for the inability to produce an annual report for 
inspection under this section if the CRT exporter can demonstrate that 
the inability to produce the annual report is due exclusively to 
technical difficulty with the EPA's Waste Import Export Tracking System 
(WIETS), or its successor system for which the CRT exporter bears no 
responsibility.
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

0
7. The authority citation for part 262 continues to read as follows:

    Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 
6939g.


0
8. Amend Sec.  262.20 by revising paragraphs (a)(1) and (2) to read as 
follows:


Sec.  262.20  General requirements.

    (a)(1) Paper manifest. A generator that transports, or offers for 
transport a hazardous waste for offsite treatment, storage, or 
disposal, or a treatment, storage, or disposal facility that offers for 
transport a rejected hazardous waste load, must prepare a Manifest (OMB 
Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA 
Form 8700-22A. Large and small quantity generators must register with 
the EPA's e-Manifest system to obtain signed and dated copies of 
completed manifests from the EPA e-Manifest system and comply with 
paragraph (a)(2) of this section.
    (2) Post-receipt manifest data corrections. After facilities have 
certified that the manifest is complete, by signing it at the time of 
submission to the EPA e-Manifest system, any post-receipt data 
corrections may be submitted at any time by any interested person 
(e.g., waste handler) named on the manifest. If corrections are 
requested by the Director for portions of the manifest that a generator 
is required to complete, the generator must address the data correction 
within 30 days from the date of the request. Data correction 
submissions must be made electronically via the post-receipt data 
corrections process as described in Sec.  265.71(l) of this chapter, 
which applies to corrections made to either paper or electronic 
manifests.
* * * * *

0
9. Amend Sec.  262.21 by revising paragraphs (f)(5) through (7) to read 
as follows:


Sec.  262.21  Manifest tracking numbers, manifest printing, and 
obtaining manifests.

* * * * *
    (f) * * *
    (5) The manifest and continuation sheet must be printed as four-
copy forms. Copy-to-copy registration must be exact within 1/32nd of an 
inch. Handwritten and typed impressions on the form must be legible on 
all four copies. Copies must be bound together by one or more common 
stubs that reasonably ensure that they will not become detached 
inadvertently during normal use.
    (6) Each copy of the manifest and continuation sheet must indicate 
how the copy must be distributed, as follows:
    (i) Page 1 (top copy): ``Designated facility or exporter to the 
EPA's e-Manifest system'';
    (ii) Page 2: ``Designated facility to generator'';
    (iii) Page 3: ``Transporter copy''; and
    (iv) Page 4 (bottom copy): ``Generator's initial copy''.
    (7) The instructions for the manifest form (EPA Form 8700-22) and 
the manifest continuation sheet (EPA Form 8700-22A) shall be printed in 
accordance with the content that is currently approved under OMB 
Control Number 2050-0039. The instructions must appear legibly on the 
back of the copies of the manifest and continuation sheet as provided 
in this paragraph (f). The instructions must not be visible through the 
front of the copies when photocopied or faxed.
    (i) Manifest Form 8700-22.
    (A) The ``Instructions for Generators'' on Copy 4;
    (B) The ``Instructions for Transporters'' on Copy 3; and
    (C) The ``Instructions for Treatment, Storage, and Disposal 
Facilities'' on Copy 2.
    (ii) Manifest Form 8700-22A.
    (A) The ``Instructions for Generators'' on Copy 4;
    (B) The ``Instructions for International Shipment Block'' and 
``Instructions for Transporters'' on Copy 3; and
    (C) The ``Instructions for Treatment, Storage, and Disposal 
Facilities'' on Copy 2.
* * * * *

[[Page 60726]]

Sec.  262.24  [Amended]

0
10. Amend Sec.  262.24 by removing paragraphs (g) and (h).

0
11. Amend Sec.  262.42 by:
0
a. Revising paragraphs (a)(1) and (a)(2) introductory text;
0
b. Adding paragraph (a)(3);
0
c. Revising paragraph (b); and
0
d. Adding paragraphs (c)(2) and (d).
    The revisions and additions read as follows:


Sec.  262.42  Exception reporting.

    (a)(1) A large quantity generator who does not receive a copy of 
the manifest with the signature of the owner or operator of the 
designated facility within 45 days of the date the waste was accepted 
by the initial transporter must contact the transporter and/or the 
owner or operator of the designated facility to determine the status of 
the hazardous waste.
    (2) A large quantity generator must submit an Exception Report to 
the EPA Regional Administrator for the Region in which the generator is 
located if he has not received a copy of the manifest with the 
handwritten signature of the owner or operator of the designated 
facility within 60 days of the date the waste was accepted by the 
initial transporter. The Exception Report must include:
* * * * *
    (3) Beginning on December 1, 2025, the EPA will no longer accept 
mailed paper Exception Reports from large quantity generators. 
Beginning on December 1, 2025, a large quantity generator must submit 
an Exception Report to the EPA e-Manifest system if the generator has 
not received a copy of the manifest with the signature of the owner or 
operator of the designated facility within 60 days of the date the 
waste was accepted by the initial transporter. The Exception Report 
must include:
    (i) A legible copy of the manifest for which the generator does not 
have confirmation of delivery.
    (ii) An explanation of the efforts taken to locate the hazardous 
waste and the results of those efforts.
    (b) A small quantity generator of hazardous waste who does not 
receive a copy of the manifest with the handwritten signature of the 
owner or operator of the designated facility within 60 days of the date 
the waste was accepted by the initial transporter must:
    (1) Submit a legible copy of the manifest, with some indication 
that the generator has not received confirmation of delivery, to the 
EPA Regional Administrator for the Region in which the generator is 
located.

    Note 1 to paragraph (b)(1): The submission to the EPA need only 
be a handwritten or typed note on the manifest itself, or on an 
attached sheet of paper, stating that the return copy was not 
received.

    (2) Beginning on December 1, 2025, the EPA will no longer accept 
mailed paper Exception Reports from small quantity generators. 
Beginning on December 1, 2025, a small quantity generator must submit a 
legible copy of the manifest, with some indication that the generator 
has not received confirmation of delivery, to the EPA e-Manifest 
system. Generators that are normally VSQGs but are subject to the SQG 
provisions of this paragraph (b) because of an episodic generation 
event pursuant to Sec.  262.232(a)(5), must submit a legible copy of 
the manifest, with some indication that the generator has not received 
confirmation of delivery, to the EPA Regional Administrator for the 
Region in which the generator is located.
    (c) * * *
    (2) The 45/60-day timeframes begin the date the waste was accepted 
by the initial transporter forwarding the hazardous waste shipment from 
the designated facility to the alternate facility.
    (d)(1) Beginning on December 1, 2025, any requirement in Sec.  
262.40 for a generator to keep or retain a copy of an Exception Report 
is satisfied by retention of a signed electronic Exception Report in 
the generator's account on the EPA e-Manifest system, provided that the 
Exception Report is readily available if requested by the EPA.
    (2) Beginning on December 1, 2025, no generator may be held liable 
for the inability to produce an electronic Exception Report for 
inspection under this section if the generator can demonstrate that the 
inability to produce the electronic Exception Report is due exclusively 
to a technical difficulty with the e-Manifest system for which the 
generator bears no responsibility.

0
12. Amend Sec.  262.83 by:
0
a. Revising paragraphs (a)(6), (b)(1)(i) through (iv), and (b)(3);
0
b. Revising paragraphs (c) introductory text and (c)(2) through (4);
0
c. Revising paragraphs (d)(2)(i) through (v), (viii), (ix), and (xv) ;
0
d. Adding paragraphs (d)(2)(xvi) and (xvii);
0
e. In paragraph (f)(3)(i), removing the word ``and'' at the end of the 
paragraph;
0
f. In paragraph (f)(3)(ii), removing the period at the end of the 
paragraph and adding in its place the text ``; and'';
0
g. Adding paragraph (f)(3)(iii).
0
h. Revising paragraphs (f)(4) and (5), (f)(6)(ii), (g) introductory 
text, (i)(1) introductory text, and (i)(1)(v); and
0
i. Adding paragraph (i)(1)(vi).
    The revisions and additions read as follows:


Sec.  262.83  Exports of hazardous waste.

    (a) * * *
    (6) The exporter or a U.S. authorized agent submits Electronic 
Export Information (EEI) for each shipment to the Automated Export 
System (AES) or its successor system, under the International Trade 
Data System (ITDS) platform, in accordance with 15 CFR 30.4(b), and 
includes the following items in the EEI, along with the other 
information required under 15 CFR 30.6:
* * * * *
    (b) * * *
    (1) * * *
    (i) Exporter name and EPA identification number, site address, 
telephone, fax numbers, and email address;
    (ii) Foreign receiving facility name, site address, telephone, fax 
numbers, email address, technologies employed, and the applicable 
recovery or disposal operations as defined in Sec.  262.81;
    (iii) Foreign importer name (if not the owner or operator of the 
foreign receiving facility), site address, telephone, fax numbers, and 
email address;
    (iv) Intended transporter(s) and/or their agent(s); site address, 
telephone, fax numbers, and email address;
* * * * *
    (3) Notifications listing interim recycling operations or interim 
disposal operations. If the foreign receiving facility listed in 
paragraph (b)(1)(ii) of this section will engage in any of the interim 
recovery operations R12 or R13 or interim disposal operations D13 
through D15, or in the case of transboundary movements with Canada, any 
of the interim recovery operations R12, R13, or RC3, or interim 
disposal operations D13 to D14, or D15, the notification submitted 
according to paragraph (b)(1) of this section must also include the 
final foreign recovery or disposal facility name, site address, 
telephone, fax numbers, email address, technologies employed, and which 
of the applicable recovery or disposal operations R1 through R11 and D1 
through D12, or in the case of transboundary movements with Canada, 
which of the applicable recovery or disposal operations R1 through R11, 
RC1 to RC2, D1 through D12, and DC1 to DC2 will be employed at the 
final foreign recovery or disposal facility. The

[[Page 60727]]

recovery and disposal operations in this paragraph (b)(3) are defined 
in Sec.  262.81.
* * * * *
    (c) RCRA manifest instructions for export shipments. The exporter 
must comply with the manifest requirements of Sec. Sec.  262.20 through 
262.25 except that:
* * * * *
    (2) In the International Shipments block on the continuation sheet 
(EPA Form 8700-22A), the exporter must:
    (i) Check the export box and enter the U.S. port of exit (city and 
State) from the United States;
    (ii) Enter the exporter's EPA ID number, if the exporter is not 
identified in Item 5 of the manifest (EPA Form 8700-22) for the export 
shipment; and
    (iii) List the waste stream consent number from the AOC for each 
hazardous waste listed on the manifest, matched to the relevant list 
number for the hazardous waste from block 9b. If additional space is 
needed, the exporter should use an additional Continuation Sheet(s) 
(EPA Form 8700-22A).
    (3) The exporter may obtain the manifest from any source so long as 
the source of the printed form has received approval from the EPA to 
print the manifest in accordance with Sec.  262.21(g)(1).
    (4) Beginning on December 1, 2025, within 30 days of receiving an 
export manifest from the final domestic transporter to carry the export 
shipment to or across the U.S. port of exit, the exporter must submit 
the top copy (Page 1) of the signed and dated manifest (whether 
electronic or paper) and all continuation sheets (whether electronic or 
paper) to the EPA e-Manifest system. The exporter must submit the paper 
manifest and all paper continuation sheets to the EPA e-Manifest system 
for purposes of data entry and processing by transmitting to the EPA e-
Manifest system an image file of Page 1 of the manifest and all 
continuation sheets, or by transmitting to the EPA e-Manifest system 
both a data file and the image file corresponding to Page 1 of the 
manifest and all continuation sheets.
    (i) As prescribed in Sec.  265.1311 of this chapter, and determined 
in Sec.  265.1312 of this chapter, an exporter who is a user of the 
electronic manifest system shall be assessed a user fee by the EPA for 
the submission and processing of each electronic and paper manifest. 
The EPA shall update the schedule of user fees and publish them to the 
user community, as provided in Sec.  265.1313 of this chapter.
    (ii) An exporter subject to user fees under this section shall make 
user fee payments in accordance with the requirements of Sec.  265.1314 
of this chapter, subject to the informal fee dispute resolution process 
of Sec.  265.1316 of this chapter, and subject to the sanctions for 
delinquent payments under Sec.  265.1315 of this chapter.
    (iii) Electronic manifest signatures shall meet the criteria 
described in Sec.  262.25.
    (iv) Within 30 days of receiving a paper replacement manifest from 
the last transporter carrying the shipment to or across the U.S. border 
for a manifest that was originated electronically, the exporter must 
send a signed and dated copy of the paper replacement manifest to the 
EPA e-Manifest system.
    (v) After foreign facilities have certified to the receipt of 
hazardous wastes by sending a copy of the movement document to the 
exporter per paragraph (d)(2)(xvii) of this section, any post-receipt 
data corrections may be submitted at any time by any interested person 
(e.g., domestic waste handler) shown on the manifest. If requested by 
the Director, an exporter must address manifest data corrections within 
30 days from the date of the request. Data correction submissions must 
be made electronically via the post-receipt data corrections process as 
described in Sec.  265.71(l) of this chapter, which applies to 
corrections made to either paper or electronic manifests.
    (d) * * *
    (2) * * *
    (i) The corresponding consent number(s) and hazardous waste 
number(s) for the listed hazardous waste from the relevant EPA AOC(s) 
and if required to be accompanied by a RCRA Uniform Hazardous Waste 
Manifest within the United States, the manifest tracking number from 
block 4;
    (ii) The shipment number and the total number of shipments from the 
EPA AOC or the movement tracking number;
    (iii) Exporter name and EPA identification number, site address, 
telephone, fax numbers, and email address;
    (iv) Foreign receiving facility name, site address, telephone, fax 
numbers, email address, technologies employed, and the applicable 
recovery or disposal operations as defined in Sec.  262.81;
    (v) Foreign importer name (if not the owner or operator of the 
foreign receiving facility), site address, telephone, fax numbers, and 
email address;
* * * * *
    (viii) Name (if not exporter), site address, telephone, fax 
numbers, and email of company originating the shipment;
    (ix) Company name, EPA ID number, site address, telephone, fax 
numbers, and email address of all transporters;
* * * * *
    (xv) As part of the contract requirements per paragraph (f) of this 
section, the exporter must require that the foreign receiving facility 
send a copy of the signed movement document to confirm receipt within 
three working days of shipment delivery to the exporter, and to the 
competent authorities of the countries of import and transit that 
control the shipment as an import and transit of hazardous waste 
respectively. For shipments occurring on or after the electronic 
import-export reporting compliance date, the exporter must:
    (A) Initiate the movement document using the allowable methods 
listed in paragraph (b)(1) of this section; and
    (B) Close out the movement document within three working days of 
receiving a copy of the signed movement document sent from the foreign 
receiving facility to confirm receipt using the allowable methods 
listed in paragraph (b)(1) of this section;
    (xvi) As part of the contract requirements per paragraph (f) of 
this section, the exporter must require that the foreign receiving 
facility send a copy of the confirmation of recovery or disposal, as 
soon as possible, but no later than thirty days after completing 
recovery or disposal on the waste in the shipment and no later than one 
calendar year following receipt of the waste, to the exporter and to 
the competent authority of the country of import. If the movement 
includes shipment to a foreign interim receiving facility, the exporter 
must additionally require that the interim receiving facility promptly 
send copies of the confirmation of recovery or disposal that it 
receives from the final recovery or disposal facility within one year 
of shipment delivery to the final recovery or disposal facility that 
performed one of recovery operations R1 through R11, or RC1, or one of 
disposal operations D1 through D12, DC1 or DC2 as defined in Sec.  
262.81 to the competent authority of the country of import and to the 
exporter. For shipments occurring on or after the electronic import-
export reporting compliance date, the exporter must submit each 
confirmation of recovery or disposal to the EPA within three working 
days of receiving the confirmation of recovery or disposal from the 
foreign receiving facility using the allowable methods listed in 
paragraph (b)(1) of this section; and
    (xvii) For shipments sent to a country with which the EPA has 
established an

[[Page 60728]]

electronic exchange of movement document tracking data, foreign 
receiving facility transmittal to the exporter of the confirmation of 
receipt and the confirmation of recovery or disposal may be sent via 
the electronic exchange.
* * * * *
    (f) * * *
    (3) * * *
    (iii) Transmittals made by the transporter or foreign receiving 
facility under paragraph (i) of this section being sent to the exporter 
or the EPA from a country with which the EPA has established an 
electronic exchange of movement document tracking data may be sent via 
the electronic exchange.
* * * * *
    (4) Contracts must specify that the foreign receiving facility send 
a copy of the signed movement document to confirm receipt within three 
working days of shipment delivery to the exporter and to the competent 
authorities of the countries of import and transit that control the 
shipment as an import and transit of hazardous waste respectively. For 
shipments sent to a country with which the EPA has established an 
electronic exchange of movement document tracking data, foreign 
receiving facility transmittal to the exporter of the confirmation of 
receipt may be sent via the electronic exchange.
    (5) Contracts must specify that the foreign receiving facility 
shall send a copy of the signed and dated confirmation of recovery or 
disposal, as soon as possible, but no later than thirty days after 
completing recovery or disposal on the waste in the shipment and no 
later than one calendar year following receipt of the waste, to the 
exporter and to the competent authority of the country of import that 
controls the shipment as an import of hazardous waste. For shipments 
sent to a country with which the EPA has established an electronic 
exchange of movement document tracking data, foreign receiving facility 
transmittal to the exporter of the confirmation of recovery or disposal 
may be sent via the electronic exchange.
    (6) * * *
    (ii) Promptly send copies of the confirmation of recovery or 
disposal that it receives from the final foreign recovery or disposal 
facility within one year of shipment delivery to the final foreign 
recovery or disposal facility that performed one of recovery operations 
R1 through R11, or RC1, or one of disposal operations D1 through D12, 
DC1 or DC2 to the competent authority of the country of import that 
controls the shipment as an import of hazardous waste and to the 
exporter. For shipments sent to a country with which the EPA has 
established an electronic exchange of movement document tracking data, 
foreign receiving facility transmittal to the exporter of the 
confirmation of recovery or disposal may be sent via the electronic 
exchange.
* * * * *
    (g) Annual reports. The exporter shall file an annual report with 
the EPA no later than March 1 of each year summarizing the types, 
quantities, frequency, and ultimate destination of all such hazardous 
waste exported during the previous calendar year. The exporter must 
submit annual reports to the EPA using the allowable methods specified 
in paragraph (b)(1) of this section. The annual report must include all 
of the following paragraphs (g)(1) through (6) of this section 
specified as follows:
* * * * *
    (i) * * *
    (1) The exporter shall keep the following records in paragraphs 
(i)(1)(i) through (vi) of this section and provide them to the EPA or 
authorized State personnel upon request:
* * * * *
    (v) A copy of each contract or equivalent arrangement established 
per paragraph (f) of this section for at least three (3) years from the 
expiration date of the contract or equivalent arrangement.
    (vi) A copy of each manifest sent by the last transporter in the 
United States per Sec.  263.20(g) of this chapter.
* * * * *

0
13. Amend Sec.  262.84 by:
0
a. Revising paragraphs (b)(1)(i) through (iv), (b)(2), (c)(1)(i), and 
(c)(3);
0
b. Removing paragraph (c)(4);
0
c. Redesignating paragraph (c)(5) as new paragraph (c)(4);
0
d. Revising paragraphs (d)(2)(i) through (v), (viii), (ix), and (xv);
0
e. Adding paragraph (f)(4)(iii); and
0
f. Revising paragraphs (g)(1) and (2).
    The revisions and additions read as follows:


Sec.  262.84  Imports of hazardous waste.

* * * * *
    (b) * * *
    (1) * * *
    (i) Foreign exporter name, site address, telephone, fax numbers, 
and email address;
    (ii) Receiving facility name, EPA ID number, site address, 
telephone, fax numbers, email address, technologies employed, and the 
applicable recovery or disposal operations as defined in Sec.  262.81;
    (iii) Importer name (if not the owner or operator of the receiving 
facility), EPA ID number, site address, telephone, fax numbers, and 
email address;
    (iv) Intended transporter(s) and/or their agent(s); site address, 
telephone, fax numbers, and email address;
* * * * *
    (2) Notifications listing interim recycling operations or interim 
disposal operations. If the receiving facility listed in paragraph 
(b)(1)(ii) of this section will engage in any of the interim recovery 
operations R12, R13 or RC3 or interim disposal operations D13 through 
D15, the notification submitted according to paragraph (b)(1) of this 
section must also include the final recovery or disposal facility name, 
site address, telephone, fax numbers, email address, technologies 
employed, and which of the applicable recovery or disposal operations 
R1 through R11, RC1, and D1 through D12, will be employed at the final 
recovery or disposal facility. The recovery and disposal operations in 
this paragraph are defined in Sec.  262.81.
* * * * *
    (c) * * *
    (1) * * *
    (i) In place of the generator's name, mailing and site addresses 
and EPA identification number, the name and site address of the foreign 
generator and the importer's name, mailing address and EPA 
identification number must be used.
* * * * *
    (3) In the International Shipments block on the Continuation Sheet 
(EPA Form 8700-22A), the importer must check the import box and enter 
the port of entry (city and State) into the United States.
* * * * *
    (d) * * *
    (2) * * *
    (i) The corresponding AOC number(s) and waste number(s) for the 
listed waste and if required to be accompanied by a RCRA uniform 
hazardous waste manifest within the United States, the manifest 
tracking number from block 4;
    (ii) The shipment number and the total number of shipments under 
the AOC number or the movement tracking number;
    (iii) Foreign exporter name, site address, telephone, fax numbers, 
and email address;
    (iv) Receiving facility name, EPA ID number, site address, 
telephone, fax numbers, email address, technologies employed, and the 
applicable recovery or disposal operations as defined in Sec.  262.81;
    (v) Importer name (if not the owner or operator of the receiving 
facility), EPA

[[Page 60729]]

ID number, site address, telephone, fax numbers, and email address;
* * * * *
    (viii) Name (if not the foreign exporter), site address, telephone, 
fax numbers, and email of the foreign company originating the shipment;
    (ix) Company name, EPA ID number (for transporters carrying RCRA 
manifested hazardous waste within the U.S. only), address, telephone, 
fax numbers, and email address of all transporters;
* * * * *
    (xv) The receiving facility must send a copy of the signed movement 
document to confirm receipt within three working days of shipment 
delivery to the foreign exporter and to the competent authorities of 
the countries of export and transit that control the shipment as an 
export and transit of hazardous waste respectively. For shipments 
received on or after the electronic import-export reporting compliance 
date, the receiving facility must close out the movement document to 
confirm receipt within three working days of shipment delivery using 
the EPA's Waste Import Export Tracking System (WIETS), or its successor 
system. For shipments sent from a country with which the EPA has 
established an electronic exchange of movement document tracking data, 
the receiving facility may use WIETS or its successor system to send 
movement document confirmation data back through the electronic 
exchange to the foreign exporter and the country of export.
    (f) * * *
    (4) * * *
    (iii) Transmittals made by the transporter or receiving facility 
under paragraph (i) of this section being sent to a competent authority 
or foreign exporter in a country with which the EPA has established an 
electronic exchange of movement document tracking data may be sent via 
the electronic exchange.
* * * * *
    (g) * * *
    (1) Send copies of the signed and dated confirmation of recovery or 
disposal, as soon as possible, but no later than thirty days after 
completing recovery or disposal on the waste in the shipment and no 
later than one calendar year following receipt of the waste, to the 
foreign exporter, to the competent authority of the country of export 
that controls the shipment as an export of hazardous waste, and for 
shipments recycled or disposed of on or after the electronic import-
export reporting compliance date, to the EPA electronically using the 
EPA's WIETS, or its successor system. For shipments sent from a country 
with which the EPA has established an electronic exchange of movement 
document tracking data, the receiving facility may use WIETS or its 
successor system to send confirmation of recovery or disposal data back 
through the electronic exchange to the foreign exporter and the country 
of export.
    (2) If the receiving facility performed any of recovery operations 
R12, R13, or RC3, or disposal operations D13 through D15, the receiving 
facility shall promptly send copies of the confirmation of recovery or 
disposal that it receives from the final recovery or disposal facility 
within one year of shipment delivery to the final recovery or disposal 
facility that performed one of recovery operations R1 through R11, or 
RC1 to RC2, or one of disposal operations D1 through D12, or DC1 to 
DC2, to the competent authority of the country of export that controls 
the shipment as an export of hazardous waste, and for confirmations 
received on or after the electronic import-export reporting compliance 
date, to the EPA electronically using the EPA's WIETS, or its successor 
system. The recovery and disposal operations in this paragraph (g)(2) 
are defined in Sec.  262.81. For shipments sent from a country with 
which the EPA has established an electronic exchange of movement 
document tracking data, the receiving facility may use WIETS or its 
successor system to send confirmation of recovery or disposal data back 
through the electronic exchange to the country of export.
* * * * *

PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

0
14. The authority citation for part 263 continues to read as follows:

    Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938, and 
6939g.


0
15. Amend Sec.  263.20 by revising paragraphs (a)(2) and (9), (c), and 
(g)(1), (3), and (4) to read as follows:


Sec.  263.20  The manifest system.

    (a) * * *
    (2) Exports. For exports of hazardous waste subject to the 
requirements of 40 CFR part 262, subpart H a transporter may not accept 
hazardous waste without a manifest signed by the generator in 
accordance with this section, as appropriate, and a movement document 
that includes all information required by Sec.  262.83 of this chapter.
* * * * *
    (9) Post-receipt manifest data corrections. After facilities have 
certified that the manifest is complete, by signing it at the time of 
submission to the EPA e-Manifest system, any post-receipt data 
corrections may be submitted at any time by any interested person 
(e.g., waste handler) named on the manifest. If corrections are 
requested by the Director for portions of the manifest that a 
transporter is required to complete, the transporter must address the 
data correction within 30 days from the date of the request. Data 
correction submissions must be made electronically via the post-receipt 
data corrections process as in described in Sec.  265.71(l) of this 
chapter, which applies to corrections made to either paper or 
electronic manifests.
* * * * *
    (c) The transporter must ensure that the manifest accompanies the 
hazardous waste. For exports, the transporter must ensure that a 
movement document that includes all information required by Sec.  
262.83(d) of this chapter also accompanies the hazardous waste. For 
imports, the transporter must ensure that a movement document that 
includes all information required by Sec.  262.84(d) of this chapter 
also accompanies the hazardous waste.
* * * * *
    (g) * * *
    (1) Sign and date the manifest in the International Shipments block 
on the Continuation Sheet (EPA Form 8700-22A) to indicate the date that 
the shipment left the United States or has been delivered to a seaport 
of exit for loading onto an international carrier;
* * * * *
    (3) Compliance date for manifest returns on January 22, 2025. 
Beginning on January 22, 2025, return signed, top copies of the 
manifest and continuation sheet to the generator. On December 1, 2025, 
this paragraph (g)(3) no longer applies, and paragraph (g)(4) of this 
section applies instead.
    (4) Compliance date for manifest returns on December 1, 2025. 
Beginning on December 1, 2025, return signed, top copies of the 
manifest and continuation sheet to the exporter.
* * * * *

[[Page 60730]]

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
16. The authority citation for part 264 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6924, 6925, and 6939g.


0
17. Amend Sec.  264.12 by revising paragraphs (a)(2) and (a)(4)(i) and 
(ii) to read as follows:


Sec.  264.12  Required notices.

    (a) * * *
    (2) As per 40 CFR 262.84(d)(2)(xv), a copy of the movement document 
bearing all required signatures within three (3) working days of 
receipt of the shipment to the foreign exporter and to the competent 
authorities of the countries of export and transit that control the 
shipment as an export and transit shipment of hazardous waste 
respectively. For shipments received on or after the electronic import-
export reporting compliance date, the receiving facility must close out 
the movement document to confirm receipt within three working days of 
shipment delivery using the EPA's Waste Import Export Tracking System 
(WIETS), or its successor system. For shipments sent from a country 
with which the EPA has established an electronic exchange of movement 
document tracking data, the receiving facility may use WIETS or its 
successor system to send movement document confirmation data back 
through the electronic exchange to the foreign exporter and the country 
of export. The original of the signed movement document must be 
maintained at the facility for at least three (3) years. The owner or 
operator of a facility may satisfy this recordkeeping requirement by 
retaining electronically submitted documents in the facility's account 
on WIETS, or its successor system, provided that copies are readily 
available for viewing and production if requested by any the EPA or 
authorized State inspector. No owner or operator of a facility may be 
held liable for the inability to produce the documents for inspection 
under this section if the owner or operator of a facility can 
demonstrate that the inability to produce the document is due 
exclusively to technical difficulty with WIETS, or its successor system 
for which the owner or operator of a facility bears no responsibility.
* * * * *
    (4) * * *
    (i) Send copies of the signed and dated confirmation of recovery or 
disposal, as soon as possible, but no later than thirty days after 
completing recovery or disposal on the waste in the shipment and no 
later than one calendar year following receipt of the waste, to the 
foreign exporter, to the competent authority of the country of export 
that controls the shipment as an export of hazardous waste, and for 
shipments recycled or disposed of on or after the electronic import-
export reporting compliance date, to the EPA electronically using 
WIETS, or its successor system. For shipments sent from a country with 
which the EPA has established an electronic exchange of movement 
document tracking data, the receiving facility may use WIETS or its 
successor system to send confirmation of recovery or disposal data back 
through the electronic exchange to the foreign exporter and the country 
of export.
    (ii) If the facility performed any of recovery operations R12, R13, 
or RC3, or disposal operations D13 through D15, promptly send copies of 
the confirmation of recovery or disposal that it receives from the 
final recovery or disposal facility within one year of shipment 
delivery to the final recovery or disposal facility that performed one 
of recovery operations R1 through R11, or RC1, or one of disposal 
operations D1 through D12, or DC1 to DC2, to the competent authority of 
the country of export that controls the shipment as an export of 
hazardous waste, and on or after the electronic import-export reporting 
compliance date, to the EPA electronically using WIETS, or its 
successor system. The recovery and disposal operations in this 
paragraph (a)(4)(ii) are defined in Sec.  262.81 of this chapter. For 
shipments sent from a country with which the EPA has established an 
electronic exchange of movement document tracking data, the receiving 
facility may use WIETS or its successor system to send confirmation of 
recovery or disposal data back through the electronic exchange to the 
country of export.
* * * * *

0
18. Amend Sec.  264.71 by:
0
a. Revising paragraph (a)(2)(i);
0
b. Removing and reserving paragraphs (a)(2)(iv) and (a)(2)(v)(A); and
0
c. Revising paragraphs (a)(2)(v)(B), (a)(3)(i) and (ii), (b)(4), (d), 
and (l) introductory text.
    The revisions read as follows:


Sec.  264.71  Use of manifest system.

    (a) * * *
    (2) * * *
    (i) Sign and date, by hand, each copy of the manifest;
* * * * *
    (v) * * *
    (B) Options for compliance on June 30, 2021. Send to the EPA e-
Manifest system an image file of the top copy (Page 1) of the manifest 
and any continuation sheet, or send to the EPA e-Manifest system both a 
data file and the image file corresponding to Page 1 of the manifest 
and any continuation sheet, within 30 days of the date; of delivery; 
and
* * * * *
    (3) * * *
    (i) Additionally, list the relevant waste stream consent number 
from consent documentation supplied by EPA to the facility for each 
waste listed on the manifest in the International Shipments block on 
the Continuation Sheet (EPA Form 8700-22A), matched to the relevant 
list number for the waste from block 9b. If additional space is needed, 
the owner or operator should use an additional Continuation Sheet(s) 
(EPA Form 8700-22A); and
    (ii) Send a copy of the manifest within thirty (30) days of 
delivery to the EPA e-Manifest system per paragraph (a)(2)(v) of this 
section.
    (b) * * *
    (4) Within 30 days of delivery, send a copy (Page 1) of the signed 
and dated manifest to the EPA e-Manifest system; and
* * * * *
    (d) International movement documents. As per 40 CFR 
262.84(d)(2)(xv), within three (3) working days of the receipt of a 
shipment subject to 40 CFR part 262, subpart H, the owner or operator 
of a facility must provide a copy of the movement document bearing all 
required signatures to the foreign exporter and to the competent 
authorities of the countries of export and transit that control the 
shipment as an export and transit of hazardous waste respectively. For 
shipments received on or after the electronic import-export reporting 
compliance date, the receiving facility must close out the movement 
document to confirm receipt within three working days of shipment 
delivery using EPA's Waste Import Export Tracking System (WIETS), or 
its successor system. For shipments sent from a country with which EPA 
has established an electronic exchange of movement document tracking 
data, the receiving facility may use WIETS or its successor system to 
send movement document confirmation data back through the electronic 
exchange to the foreign exporter and the country of export. The 
original copy of the movement document must be maintained at the 
facility for at least

[[Page 60731]]

three (3) years from the date of signature. The owner or operator of a 
facility may satisfy this recordkeeping requirement by retaining 
electronically submitted documents in the facility's account on WIETS, 
or its successor system, provided that copies are readily available for 
viewing and production if requested by any EPA or authorized State 
inspector. No owner or operator of a facility may be held liable for 
the inability to produce the documents for inspection under this 
section if the owner or operator of a facility can demonstrate that the 
inability to produce the document is due exclusively to technical 
difficulty with WIETS, or its successor system, for which the owner or 
operator of a facility bears no responsibility.
* * * * *
    (l) Post-receipt manifest data corrections. After facilities have 
certified that the manifest is complete, by signing it at the time of 
submission to the EPA e-Manifest system, any post-receipt data 
corrections may be submitted at any time by any interested person 
(e.g., waste handler) named on the manifest. If corrections are 
requested by the Director for portions of the manifest that a 
designated facility is required to complete, the facility must make the 
data correction within 30 days from the date of the request.
* * * * *

0
19. Amend Sec.  264.72 by revising paragraphs (c) and (g) to read as 
follows:


Sec.  264.72  Manifest discrepancies.

* * * * *
    (c) Upon discovering a significant difference in quantity or type, 
the owner or operator must attempt to reconcile the discrepancy with 
the waste generator or transporter (e.g., with telephone 
conversations). If the discrepancy is not resolved within 20 days after 
receiving the waste, the owner or operator must:
    (1) Immediately submit to the Regional Administrator a letter 
describing the discrepancy and attempts to reconcile it, and a copy of 
the manifest or shipping paper at issue.
    (2) Beginning on December 1, 2025, immediately submit a Discrepancy 
Report to the EPA e-Manifest system describing the discrepancy and 
attempts to reconcile it, and a copy of the manifest or shipping paper 
at issue. Beginning on December 1, 2025, the EPA will no longer accept 
mailed paper Discrepancy Reports from facilities.
* * * * *
    (g) If a facility rejects a waste or identifies a container residue 
that exceeds the quantity limits for ``empty'' containers set forth in 
Sec.  261.7(b) of this chapter after it has signed, dated, and returned 
a copy of the manifest to the delivering transporter or to the 
generator, the facility must amend its copy of the manifest to indicate 
the rejected wastes or residues in the discrepancy space of the amended 
manifest. The facility must also copy the manifest tracking number from 
Item 4 of the new manifest to the Discrepancy space of the amended 
manifest and must re-sign and date the manifest to certify to the 
information as amended. The facility must retain the amended manifest 
for at least three years from the date of amendment, and must within 30 
days, send a copy of the amended manifest to the transporter that 
received copies prior to their being amended. Facilities are not 
required to send the amended manifest to any transporter who is 
registered in the EPA's e-Manifest system. Registered transporters may 
obtain the signed and dated copy of a completed manifest from the EPA 
e-Manifest system in lieu of receiving the manifest through U.S. postal 
mail.

0
20. Amend Sec.  264.76 by adding paragraph (b) to read as follows:


Sec.  264.76  Unmanifested waste report.

* * * * *
    (b) Beginning on December 1, 2025, if a facility accepts for 
treatment, storage, or disposal any hazardous waste from an off-site 
source without an accompanying manifest, or without an accompanying 
shipping paper as described by Sec.  263.20(e) of this chapter, and if 
the waste is not excluded from the manifest requirement by this 
chapter, then the owner or operator must prepare an electronic 
Unmanifested Waste Report in the EPA e-Manifest system for submission 
to the EPA within 15 days after receiving the waste. The Unmanifested 
Waste Report must contain the following information:
    (1) The EPA identification number, name and address of the 
facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the 
generator and the transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous 
waste the facility received;
    (5) The method of treatment, storage, or disposal for each 
hazardous waste;
    (6) The certification signed by the owner or operator of the 
facility or his authorized representative; and
    (7) A brief explanation of why the waste was unmanifested, if 
known.

0
21. Amend Sec.  264.1310 by revising the definition of ``Paper manifest 
submissions'' to read as follows:


Sec.  264.1310  Definitions applicable to this subpart.

* * * * *
    Paper manifest submissions mean submissions to the paper processing 
center of the EPA e-Manifest system by facility owners or operators, of 
the data from the designated facility copy of a paper manifest, EPA 
Form 8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such 
submissions may be made by submitting image files from paper manifests 
or continuation sheets in accordance with Sec.  264.1311(b), or by 
submitting both an image file and data file in accordance with the 
procedures of Sec.  264.1311(c).
* * * * *

0
22. Amend Sec.  264.1311 by revising paragraphs (a)(2), (b) 
introductory text, and (c) introductory text to read as follows:


Sec.  264.1311  Manifest transactions subject to fees.

    (a) * * *
    (2) The submission of each paper manifest submission to the paper 
processing center signed by owners or operators of receiving 
facilities, with the fee assessed according to whether the manifest is 
submitted to the system by the upload of an image file or by the upload 
of a data file representation of the paper manifest; and
* * * * *
    (b) Image file uploads from paper manifests. Receiving facilities 
may submit image file uploads of completed, ink-signed manifests to the 
EPA e-Manifest system. Such image file upload submissions may be made 
for individual manifests received by a facility or as a batch upload of 
image files from multiple paper manifests received at the facility:
* * * * *
    (c) Data file uploads from paper manifests. Receiving facilities 
may submit data file representations of completed, ink-signed manifests 
in lieu of submitting image files to the EPA e-Manifest system. Such 
data file submissions from paper manifests may be made for individual 
manifests received by a facility or as a batch upload of data files 
from multiple paper manifests received at the facility.
* * * * *

0
23. Amend Sec.  264.1312, in paragraphs (a) and (b)(1), by revising the 
formulas to read as follows:


Sec.  264.1312  User fee calculation methodology.

    (a) * * *

[[Page 60732]]

[GRAPHIC] [TIFF OMITTED] TR26JY24.000

* * * * *
    (b)(1) * * *
    [GRAPHIC] [TIFF OMITTED] TR26JY24.001
    
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
24. The authority citation for part 265 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 
6935, 6936, 6937, and 6939g.


0
25. Amend Sec.  265.12 by revising paragraphs (a)(2) and (a)(4)(i) and 
(ii) to read as follows:


Sec.  265.12  Required notices.

    (a) * * *
    (2) As per 40 CFR 262.84(d)(2)(xv), a copy of the movement document 
bearing all required signatures within three (3) working days of 
receipt of the shipment to the foreign exporter and to the competent 
authorities of the countries of export and transit that control the 
shipment as an export and transit shipment of hazardous waste 
respectively. For shipments received on or after the electronic import-
export reporting compliance date, the receiving facility must close out 
the movement document to confirm receipt within three working days of 
shipment delivery using the EPA's Waste Import Export Tracking System 
(WIETS), or its successor system. For shipments sent from a country 
with which the EPA has established an electronic exchange of movement 
document tracking data, the receiving facility may use WIETS or its 
successor system to send movement document confirmation data back 
through the electronic exchange to the foreign exporter and the country 
of export. The original of the signed movement document must be 
maintained at the facility for at least three (3) years. The owner or 
operator of a facility may satisfy this recordkeeping requirement by 
retaining electronically submitted documents in the facility's account 
on WIETS, or its successor system, provided that copies are readily 
available for viewing and production if requested by any EPA or 
authorized State inspector. No owner or operator of a facility may be 
held liable for the inability to produce the documents for inspection 
under this section if the owner or operator of a facility can 
demonstrate that the inability to produce the document is due 
exclusively to technical difficulty with WIETS, or its successor 
system, for which the owner or operator of a facility bears no 
responsibility.
* * * * *
    (4) * * *
    (i) Send copies of the signed and dated confirmation of recovery or 
disposal, as soon as possible, but no later than thirty days after 
completing recovery or disposal on the waste in the shipment and no 
later than one calendar year following receipt of the waste, to the 
foreign exporter, to the competent authority of the country of export 
that controls the shipment as an export of hazardous waste, and on or 
after the electronic import-export reporting compliance date, to the 
EPA electronically using WIETS, or its successor system. For shipments 
sent from a country with which the EPA has established an electronic 
exchange of movement document tracking data, the receiving facility may 
use WIETS or its successor system to send confirmation of recovery or 
disposal data back through the electronic exchange to the foreign 
exporter and the country of export.
    (ii) If the facility performed any of recovery operations R12, R13, 
or RC3, or disposal operations D13 through D15, promptly send copies of 
the confirmation of recovery or disposal

[[Page 60733]]

that it receives from the final recovery or disposal facility within 
one year of shipment delivery to the final recovery or disposal 
facility that performed one of recovery operations R1 through R11, or 
RC1, or one of disposal operations D1 through D12, or DC1 to DC2, to 
the competent authority of the country of export that controls the 
shipment as an export of hazardous waste, and on or after the 
electronic import-export reporting compliance date, to the EPA 
electronically using WIETS, or its successor system. The recovery and 
disposal operations in this paragraph are defined in Sec.  262.81 of 
this chapter. For shipments sent from a country with which the EPA has 
established an electronic exchange of movement document tracking data, 
the receiving facility may use WIETS or its successor system to send 
confirmation of recovery or disposal data back through the electronic 
exchange to the country of export.
* * * * *

0
26. Amend Sec.  265.71 by:
0
a. Revising paragraph (a)(2)(i);
0
b. Removing and reserving paragraphs (a)(2)(iv) and (a)(2)(v)(A);
0
c. Revising paragraph (a)(2)(v)(B);
0
d. Adding paragraph (a)(2)(vi); and
0
e. Revising paragraphs (a)(3)(i) and (ii), (b)(4), (d), and (l) 
introductory text.
    The revisions and additions read as follows:


Sec.  265.71  Use of manifest system.

    (a) * * *
    (2) * * *
    (i) Sign and date, by hand, each copy of the manifest;
* * * * *
    (v) * * *
    (B) Options for compliance on June 30, 2021. Send to the EPA e-
Manifest system an image file of the top copy (Page 1) of the manifest 
and any continuation sheet, or send to the EPA e-Manifest system both a 
data file and the image file corresponding to Page 1 of the manifest 
and any continuation sheet, within 30 days of the date of delivery; and
    (vi) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery.
    (3) * * *
    (i) Additionally, list the relevant waste stream consent number 
from consent documentation supplied by the EPA to the facility for each 
waste listed on the manifest in the International Shipments block on 
the Continuation Sheet (EPA Form 8700-22A), matched to the relevant 
list number for the waste from block 9b. If additional space is needed, 
the owner or operator should use an additional Continuation Sheet(s) 
(EPA Form 8700-22A); and
    (ii) Send a copy of the manifest to the EPA e-Manifest system per 
paragraph (a)(2)(v) of this section.
    (b) * * *
    (4) Within 30 days of delivery, send a copy (Page 1) of the signed 
and dated manifest to the EPA e-Manifest system.
* * * * *
    (d) International movement documents. As per 40 CFR 
262.84(d)(2)(xv), within three (3) working days of the receipt of a 
shipment subject to 40 CFR part 262, subpart H, the owner or operator 
of a facility must provide a copy of the movement document bearing all 
required signatures to the foreign exporter and to the competent 
authorities of the countries of export and transit that control the 
shipment as an export and transit shipment of hazardous waste 
respectively. For shipments received on or after the electronic import-
export reporting compliance date, the receiving facility must close out 
the movement document to confirm receipt within three working days of 
shipment delivery using WIETS, or its successor system. For shipments 
sent from a country with which the EPA has established an electronic 
exchange of movement document tracking data, the receiving facility may 
use WIETS or its successor system to send movement document 
confirmation data back through the electronic exchange to the foreign 
exporter and the country of export. The original copy of the movement 
document must be maintained at the facility for at least three (3) 
years from the date of signature. The owner or operator of a facility 
may satisfy this recordkeeping requirement by retaining electronically 
submitted documents in the facility's account on WIETS, or its 
successor system, provided that copies are readily available for 
viewing and production if requested by any EPA or authorized State 
inspector. No owner or operator of a facility may be held liable for 
the inability to produce the documents for inspection under this 
section if the owner or operator of a facility can demonstrate that the 
inability to produce the document is due exclusively to technical 
difficulty with the EPA's Waste Import Export Tracking System (WIETS), 
or its successor system, for which the owner or operator of a facility 
bears no responsibility.
* * * * *
    (l) Post-receipt manifest data corrections. After facilities have 
certified that the manifest is complete, by signing it at the time of 
submission to the EPA e-Manifest system, any post-receipt data 
corrections may be submitted at any time by any interested person 
(e.g., waste handler) named on the manifest. If corrections are 
requested by the Director for portions of the manifest that a 
designated facility is required to complete, the facility must address 
the data correction within 30 days from the date of the request.
* * * * *

0
27. Amend Sec.  265.72 by revising paragraphs (c) and (g) to read as 
follows:


Sec.  265.72  Manifest discrepancies.

* * * * *
    (c) Upon discovering a significant difference in quantity or type, 
the owner or operator must attempt to reconcile the discrepancy with 
the waste generator or transporter (e.g., with telephone 
conversations). If the discrepancy is not resolved within 20 days after 
receiving the waste, the owner or operator must:
    (1) Immediately submit to the Regional Administrator a letter 
describing the discrepancy and attempts to reconcile it, and a copy of 
the manifest or shipping paper at issue.
    (2) Beginning on December 1, 2025, immediately submit a Discrepancy 
Report to the EPA e-Manifest system describing the discrepancy and 
attempts to reconcile it, and a copy of the manifest or shipping paper 
at issue. Beginning on December 1, 2025, the EPA will no longer accept 
mailed paper Discrepancy Reports from facilities.
* * * * *
    (g) If a facility rejects a waste or identifies a container residue 
that exceeds the quantity limits for ``empty'' containers set forth in 
Sec.  261.7(b) of this chapter after it has signed, dated, and returned 
a copy of the manifest to the delivering transporter or to the 
generator, the facility must amend its copy of the manifest to indicate 
the rejected wastes or residues in the discrepancy space of the amended 
manifest. The facility must also copy the manifest tracking number from 
Item 4 of the new manifest to the Discrepancy space of the amended 
manifest and must re-sign and date the manifest to certify to the 
information as amended. The facility must retain the amended manifest 
for at least three years from the date of amendment, and must within 30 
days, send a copy of the amended manifest to the transporter that 
received copies prior to their being amended. Facilities are not 
required to send the amended manifest to any transporter who is 
registered in the EPA's e-Manifest system. Registered transporters may 
obtain the signed and dated copy

[[Page 60734]]

of a completed manifest from the EPA e-Manifest system in lieu of 
receiving the manifest through U.S. postal mail.

0
28. Amend Sec.  265.76 by adding paragraph (b) to read as follows:


Sec.  265.76  Unmanifested waste report.

* * * * *
    (b) Beginning on December 1, 2025, if a facility accepts for 
treatment, storage, or disposal any hazardous waste from an off-site 
source without an accompanying manifest, or without an accompanying 
shipping paper as described by Sec.  263.20(e) of this chapter, and if 
the waste is not excluded from the manifest requirement by this 
chapter, then the owner or operator must prepare an electronic 
Unmanifested Waste Report in the EPA e-Manifest system for submission 
to the EPA within 15 days after receiving the waste. The Unmanifested 
Waste Report must contain the following information:
    (1) The EPA identification number, name and address of the 
facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the 
generator and the transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous 
waste the facility received;
    (5) The method of treatment, storage, or disposal for each 
hazardous waste;
    (6) The certification signed by the owner or operator of the 
facility or his authorized representative; and
    (7) A brief explanation of why the waste was unmanifested, if 
known.

0
29. Amend Sec.  265.1310 by revising the definition of ``Paper manifest 
submissions'' to read as follows:


Sec.  265.1310  Definitions applicable to this subpart.

* * * * *
    Paper manifest submissions mean submissions to the paper processing 
center of the EPA e-Manifest system by facility owners or operators, of 
the data from the designated facility copy of a paper manifest, EPA 
Form 8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such 
submissions may be made by submitting image files from paper manifests 
or continuation sheets in accordance with Sec.  264.1311(b) of this 
chapter, or by submitting both an image file and data file in 
accordance with the procedures of Sec.  264.1311(c) of this chapter.
* * * * *

0
30. Amend Sec.  265.1311 by revising paragraphs (a)(2), (b) 
introductory text, and (c) introductory text to read as follows:


Sec.  265.1311  Manifest transactions subject to fees.

    (a) * * *
    (2) The submission of each paper manifest submission to the paper 
processing center signed by owners or operators of receiving 
facilities, with the fee assessed according to whether the manifest is 
submitted to the system by the upload of an image file or by the upload 
of a data file representation of the paper manifest; and
* * * * *
    (b) Image file uploads from paper manifests. Receiving facilities 
may submit image file uploads of completed, ink-signed manifests to the 
EPA e-Manifest system. Such image file upload submissions may be made 
for individual manifests received by a facility or as a batch upload of 
image files from multiple paper manifests received at the facility:
* * * * *
    (c) Data file uploads from paper manifests. Receiving facilities 
may submit data file representations of completed, ink-signed manifests 
in lieu of submitting image files to the EPA e-Manifest system. Such 
data file submissions from paper manifests may be made for individual 
manifests received by a facility or as a batch upload of data files 
from multiple paper manifests received at the facility.
* * * * *

0
31. Amend Sec.  265.1312, in paragraphs (a) and (b)(1), by revising the 
formulas to read as follows:


Sec.  265.1312  User fee calculation methodology.

    (a) * * *
    [GRAPHIC] [TIFF OMITTED] TR26JY24.002
    
* * * * *
    (b)(1) * * *

[[Page 60735]]

[GRAPHIC] [TIFF OMITTED] TR26JY24.003

* * * * *

PART 267--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
FACILITIES OPERATING UNDER A STANDARDIZED PERMIT

0
32. The authority citation for part 267 continues to read as follows:

    Authority: 42 U.S.C. 6902, 6912(a), 6924-6926, and 6930.


0
33. Amend Sec.  267.71 by revising paragraphs (a)(6)(i) and (ii) and 
(d) to read as follows:


Sec.  267.71  Use of the manifest system.

    (a) * * *
    (6) * * *
    (i) Additionally, list the relevant waste stream consent number 
from consent documentation supplied by the EPA to the facility for each 
waste listed on the manifest in the International Shipments block on 
the Continuation Sheet (EPA Form 8700-22A), matched to the relevant 
list number for the waste from block 9b. If additional space is needed, 
the receiving facility should use an additional Continuation Sheet(s) 
(EPA Form 8700-22A); and
    (ii) Submit a copy of the manifest to the e-Manifest system per 40 
CFR 264.71(a)(2)(v) or 265.71(a)(2)(v).
* * * * *
    (d) As per 40 CFR 262.84(d)(2)(xv), within three (3) working days 
of the receipt of a shipment subject to 40 CFR part 262, subpart H, the 
owner or operator of a facility must provide a copy of the movement 
document bearing all required signatures to the foreign exporter and to 
the competent authorities of the countries of export and transit that 
control the shipment as an export and transit shipment of hazardous 
waste respectively. For shipments received on or after the electronic 
import-export reporting compliance date, the receiving facility must 
close out the movement document to confirm receipt within three working 
days of shipment delivery using the EPA's Waste Import Export Tracking 
System (WIETS), or its successor system. For shipments sent from a 
country with which the EPA has established an electronic exchange of 
movement document tracking data, the receiving facility may use WIETS, 
or its successor system, to send movement document confirmation data 
back through the electronic exchange to the foreign exporter and the 
country of export. The original copy of the movement document must be 
maintained at the facility for at least three (3) years from the date 
of signature. The owner or operator of a facility may satisfy this 
recordkeeping requirement by retaining electronically submitted 
documents in the facility's account on the EPA's Waste Import Export 
Tracking System (WIETS), or its successor system, provided that copies 
are readily available for viewing and production if requested by any 
the EPA or authorized State inspector. No owner or operator of a 
facility may be held liable for the inability to produce the documents 
for inspection under this section if the owner or operator of a 
facility can demonstrate that the inability to produce the document is 
due exclusively to technical difficulty with the EPA's Waste Import 
Export Tracking System (WIETS), or its successor system, for which the 
owner or operator of a facility bears no responsibility.

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE 
PERMIT PROGRAM

0
34. The authority citation for part 270 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 
6974.


0
35. Amend Sec.  270.30 by revising paragraphs (l)(7) and (8) to read as 
follows:


Sec.  270.30  Conditions applicable to all permits.

* * * * *
    (l) * * *
    (7) Manifest discrepancy report. If a significant discrepancy in a 
manifest is discovered, the permittee must:
    (i) Attempt to reconcile the discrepancy. If not resolved within 20 
days, the permittee must submit a letter report, including a copy of 
the manifest, to the Director. (See 40 CFR 264.72.)
    (ii) Beginning on December 1, 2025, attempt to reconcile the 
discrepancy. If not resolved within 20 days, the permittee must 
immediately submit a Discrepancy Report to the EPA e-Manifest System 
describing the discrepancy and attempts to reconcile it, and a copy of 
the manifest or shipping paper at issue. (See 40 CFR 264.72.)
    (8) Unmanifested waste report. A permittee must:
    (i) Submit the Unmanifested Waste Report to the Director within 15 
days of receipt of unmanifested waste. (See 40 CFR 264.76.)
    (ii) Beginning on December 1, 2025, submit an electronic 
Unmanifested Waste Report in the EPA e-Manifest system for submission 
to the EPA within 15 days of receipt of unmanifested waste. (See 40 CFR 
264.76.)
* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

0
36. The authority citation for part 271 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6926, and 6939g.


0
37. Amend Sec.  271.1, in paragraph (j)(2), by:

[[Page 60736]]

0
a. In table 1, adding an entry in chronological order by ``Promulgation 
date''; and
0
b. In table 2, adding an entry in chronological order by ``Effective 
date''.
    The additions read as follows:


Sec.  271.1  Purpose and scope.

* * * * *
    (j) * * *
    (2) * * *

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                               Federal Register
         Promulgation date            Title of regulation         reference                Effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
July 26, 2024......................  Integrating e-         [INSERT FIRST PAGE OF  January 22, 2025.
                                      Manifest with          FEDERAL REGISTER
                                      Hazardous Waste        CITATION].
                                      Exports and Other
                                      Manifest-Related
                                      Reports, PCB
                                      Manifest Amendments,
                                      and Technical
                                      Corrections.
----------------------------------------------------------------------------------------------------------------

* * * * *

            Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                               Self-implementing
             Effective date                        provision           RCRA citation  Federal Register reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
January 22, 2025........................  e-Manifest user fees for              3017  [INSERT FIRST PAGE OF
                                           hazardous waste                             FEDERAL REGISTER
                                           exporters, related export/                  CITATION.
                                           import revisions,
                                           manifest-related
                                           reporting, manifest
                                           requirements.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
38. Amend Sec.  271.10 by:
0
a. Adding paragraph (f)(4)(i);
0
b. Adding and reserving paragraph (f)(4)(ii);
0
c. Revising paragraph (h)(2); and
0
d. Adding paragraph (j).
    The additions and revisions read as follows:


Sec.  271.10  Requirements for generators of hazardous wastes.

* * * * *
    (f) * * *
    (4) * * *
    (i) Beginning on December 1, 2025, investigate instances where 
manifests have
    not been returned by the owner or operator of the designated 
facility and report such instances by electronic submission in the 
EPA's e-Manifest system to the State in which the shipment originated.
* * * * *
    (h) * * *
    (2) The State in which the generator is located (generator State) 
may require that the initial generator copy of the paper manifest form 
be submitted to the State.
* * * * *
    (j) The State shall have standards for hazardous waste exporters 
which are equivalent to 40 CFR part 262. These standards shall include:
    (1) Compliance with the manifest system including the requirements 
that:
    (i) Beginning on December 1, 2025, the exporter submits a signed 
copy of the manifest and continuation sheet to the EPA e-Manifest 
system.
    (ii) The exporter lists the relevant consent number from consent 
documentation supplied by the EPA facility for each waste listed on the 
manifest in the International Shipments block on the Continuation Sheet 
(EPA Form 8700-22A), matched to the relevant list number for the waste 
from block 9b; and
    (2) Beginning on December 1, 2025, the exporter pays user fees to 
the EPA to recover the EPA's costs related to the development and 
operation of an electronic hazardous waste manifest system, in the 
amounts specified by the user fee methodology included in 40 CFR part 
265, subpart FF for all paper and electronic manifests submitted to the 
EPA e-Manifest system.

0
39. Amend Sec.  271.12 by adding paragraphs (l) and (m) to read as 
follows:


Sec.  271.12  Requirements for hazardous waste management facilities.

* * * * *
    (l) Beginning on December 1, 2025, requirements for owners and 
operators of facilities to submit electronic Discrepancy Reports to the 
EPA e-Manifest system; and
    (m) Beginning on December 1, 2025, requirements for owners and 
operators to submit electronic Unmanifested Waste Reports to the EPA e-
Manifest system.

PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, 
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

0
40. The authority citation for part 761 is revised to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 
U.S.C. 6939g.


0
41. Amend Sec.  761.3 by adding in alphabetical order the definition 
for ``Electronic manifest'' to read as follows:


Sec.  761.3  Definitions.

* * * * *
    Electronic manifest means the electronic equivalent of the manifest 
(which is defined in this section as the shipping document EPA form 
8700-22 and any continuation sheet attached to EPA form 8700-22) that 
is obtained from the EPA's national e-Manifest system and transmitted 
electronically to the system in accordance with the instructions 
included with the form, and subpart K of this part, and also in 
accordance with Sec. Sec.  262.20, 262.24, and 262.25 of this chapter.
* * * * *

Subpart D--Storage and Disposal

0
42. Amend Sec.  761.60 by revising paragraph (e) to read as follows:

[[Page 60737]]

Sec.  761.60  Disposal requirements.

* * * * *
    (e) Any person who is required to incinerate any PCBs and PCB items 
under this subpart and who can demonstrate that an alternative method 
of destroying PCBs and PCB items exists and that this alternative 
method can achieve a level of performance equivalent to an incinerator 
approved under Sec.  761.70 or a high efficiency boiler operating in 
compliance with Sec.  761.71, must submit a written request to the EPA 
Regional Administrator or the Director, Office of Resource Conservation 
and Recovery, for a waiver from the incineration requirements of Sec.  
761.70 or Sec.  761.71. Requests for approval of alternate methods that 
will be operated in more than one Region must be submitted to the 
Director, Office of Resource Conservation and Recovery, except for 
research and development activities involving less than 500 pounds of 
PCB material (see paragraph (i)(2) of this section). Requests for 
approval of alternate methods that will be operated in only one Region 
must be submitted to the appropriate the EPA Regional Administrator. 
The applicant must show that their method of destroying PCBs will not 
present an unreasonable risk of injury to health or the environment. On 
the basis of such information and any available information, the EPA 
may, in its discretion, approve the use of the alternate method if it 
finds that the alternate disposal method provides PCB destruction 
equivalent to disposal in a Sec.  761.70 incinerator or a Sec.  761.71 
high efficiency boiler and will not present an unreasonable risk of 
injury to health or the environment. Any approval must be stated in 
writing and may include such conditions and provisions as the EPA deems 
appropriate. The person to whom such waiver is issued must comply with 
all limitations contained in such determination. No person may use the 
alternate method of destroying PCBs or PCB items prior to obtaining 
permission from the appropriate the EPA official.
* * * * *

0
43. Amend Sec.  761.205 by revising paragraph (d) to read as follows:


Sec.  761.205  Notification of PCB waste activity (EPA Form 7710-53).

* * * * *
    (d) Persons required to notify under this section shall file EPA 
Form 7710-53 with the EPA in accordance with the instructions on the 
form.
* * * * *

0
44. Amend Sec.  761.207 by adding paragraph (g) to read as follows:


Sec.  761.207  The manifest--general requirements.

* * * * *
    (g)(1) Electronic manifest. A person required to prepare a manifest 
under this section may prepare and use an electronic manifest, provided 
that the person:
    (i) Complies with the requirements in Sec.  262.24 of this chapter 
for use of electronic manifests; and
    (ii) Complies with the requirements of 40 CFR 3.10 for the 
reporting of electronic documents to the EPA.
    (2) Legal equivalence to paper manifests. Electronic manifests that 
are obtained, completed, and transmitted in accordance with Sec.  
262.20(a)(3) of this chapter, and used in accordance with Sec. Sec.  
262.20, 262.24, and 262.25 of this chapter in lieu of EPA Forms 8700-22 
and 8700-22A, are the legal equivalent of paper manifest forms bearing 
handwritten signatures, and satisfy for all purposes any requirement in 
subpart K of this part to obtain, complete, sign, provide, use, or 
retain a manifest.
    (i) Any requirement in subpart K of this part to sign a manifest or 
manifest certification by hand, or to obtain a handwritten signature, 
is satisfied by signing with or obtaining a valid and enforceable 
electronic signature within the meaning of Sec.  262.25 of this 
chapter.
    (ii) Any requirement in subpart K of this part to give, provide, 
send, forward, or return to another person a copy of the manifest is 
satisfied when an electronic manifest is transmitted to the other 
person by submission to the EPA e-Manifest system.
    (iii) Any requirement in subpart K of this part for a generator to 
keep or retain a copy of each manifest is satisfied by retention of a 
signed electronic manifest in the generator's account on the EPA e-
Manifest system, provided that such copies are readily available for 
viewing and production if requested by any the EPA or authorized State 
inspector.
    (iv) No generator may be held liable for the inability to produce 
an electronic manifest for inspection under this section if the 
generator can demonstrate that the inability to produce the electronic 
manifest is due exclusively to a technical difficulty with the e-
Manifest system for which the generator bears no responsibility.
    (v) After facilities have certified that the manifest is complete, 
by signing it at the time of submission to the EPA e-Manifest system, 
any post-receipt data corrections may be submitted at any time by any 
interested person (e.g., waste handler) named on the manifest. If 
corrections are requested by the Director for portions of the manifest 
that a generator, transporter, or a commercial storage or disposal 
facility is required to complete, those PCB waste handlers must address 
the data correction within 30 days from the date of the request. Data 
corrections must be made electronically via the post-receipt data 
corrections process described in Sec.  265.71(l) of this chapter, which 
applies to corrections made to either paper or electronic manifests. 
Generators who are not registered with the EPA e-Manifest system must 
arrange with interested persons shown on the manifest to electronically 
submit manifest data corrections on their behalf within 30 days of the 
date of the correction request.

0
45. Revise Sec.  761.209 to read as follows:


Sec.  761.209  Number of copies of a manifest.

    The manifest consists of at least the number of copies which will 
provide the generator, the transporter, and the owner or operator of 
the designated facility with one copy each for their records and a copy 
to be submitted to the EPA e-Manifest system as indicated in the 
instructions included with EPA form 8700-22. Any requirement in subpart 
K of this part to give, provide, send, forward, or return to another 
person a copy of the manifest is satisfied when an electronic manifest 
is transmitted to the other person by submission to the EPA e-Manifest 
system. All parties using electronic manifests must do so in accordance 
with Sec. Sec.  262.20, 262.24, and 262.25 of this chapter.

0
46. Amend Sec.  761.210 by revising paragraphs (a)(1) and (2) to read 
as follows:


Sec.  761.210  Use of the manifest--Generator requirements.

    (a) * * *
    (1) Sign the manifest certification; and
    (2) Obtain the signature of the initial transporter and date of 
acceptance on the manifest; and
* * * * *

0
47. Amend Sec.  761.211 by revising paragraphs (d)(1), (e)(3), 
(f)(3)(i) and (f)(4)(i), and adding paragraph (g) to read as follows:


Sec.  761.211  Manifest system--Transporter requirements.

* * * * *
    (d) * * *
    (1) Obtain the date of delivery and the signature of that 
transporter or of the owner or operator of the designated facility on 
the manifest; and
* * * * *
    (e) * * *
    (3) The delivering transporter obtains the date of delivery and 
signature of the

[[Page 60738]]

owner or operator of the designated facility on either the manifest or 
the shipping paper; and
    (f) * * *
    (3) * * *
    (i) Obtain the date of delivery and signature of the owner or 
operator of the designated facility on the manifest or the shipping 
paper (if the manifest has not been received by the facility); and
* * * * *
    (4) * * *
    (i) Obtain the date of delivery and the signature of the next non-
rail transporter on the manifest; and
* * * * *
    (g) If after a manifest has been originated electronically and 
signed electronically by the initial transporter, and the electronic 
manifest system should become unavailable for any reason, then the 
transporter must follow the replacement manifest procedures in 
accordance with Sec.  263.20(a)(6) of this chapter.

0
48. Amend Sec.  761.213 by revising paragraphs (a)(2)(i), (iv), and 
(v), and adding paragraphs (d) and (e) to read as follows:


Sec.  761.213  Use of manifest-Commercial storage and disposal facility 
requirements.

    (a) * * *
    (2) * * *
    (i) Sign and date each copy of the manifest;
* * * * *
    (iv) Within 30 days of delivery, send a copy (Page 2) of the 
manifest to the generator, if the generator is not registered in the 
EPA's e-Manifest system. Any generator who is registered with the EPA's 
e-Manifest system may obtain their signed and dated copies of completed 
manifests from the EPA e-Manifest system; and
    (v) Send to the EPA e-Manifest system an image file of the top copy 
(Page 1) of the manifest and any continuation sheet or send to the EPA 
e-Manifest system both a data file and the image file corresponding to 
Page 1 of the manifest and any continuation sheet, within 30 days of 
the date of delivery.
* * * * *
    (d) If a commercial storage or disposal facility receives hazardous 
waste that is accompanied by a paper replacement manifest for a 
manifest that was originated electronically, the facility must follow 
the replacement manifest procedures in accordance with Sec.  265.71(h) 
of this chapter.
    (e)(1) As prescribed in Sec.  265.1311 of this chapter, and 
determined in Sec.  265.1312 of this chapter, a commercial storage or 
disposal facility who is a user of the electronic manifest system shall 
be assessed a user fee by the EPA for the submission and processing of 
each electronic and paper manifest. The EPA shall update the schedule 
of user fees and publish them to the user community, as provided in 
Sec.  265.1313 of this chapter.
    (2) A commercial storage or disposal facility subject to user fees 
under this section shall make user fee payments in accordance with the 
requirements of Sec.  264.1314 of this chapter, subject to the informal 
fee dispute resolution process of Sec.  264.1316 of this chapter, and 
subject to the sanctions for delinquent payments under Sec.  264.1315 
of this chapter.

0
49. Amend Sec.  761.215 by revising paragraphs (c) and (g) to read as 
follows:


Sec.  761.215  Manifest discrepancies.

* * * * *
    (c) Upon discovering a significant difference in quantity or type, 
the owner or operator must attempt to reconcile the discrepancy with 
the waste generator or transporter (e.g., with telephone 
conversations). If the discrepancy is not resolved within 20 days after 
receiving the waste, the owner or operator must:
    (1) Immediately submit to the Regional Administrator a letter 
describing the discrepancy and attempts to reconcile it, and a copy of 
the manifest or shipping paper at issue.
    (2) Beginning on December 1, 2025, immediately submit to the EPA e-
Manifest system a Discrepancy Report describing the discrepancy and 
attempts to reconcile it using forms and procedures defined by the EPA, 
and a copy of the manifest or shipping paper at issue. Beginning 
December 1, 2025, the EPA will no longer accept mailed paper 
Discrepancy Reports from facilities.
* * * * *
    (g) If a facility rejects a waste after it has signed, dated, and 
returned a copy of the manifest to the delivering transporter or to the 
generator, the facility must amend its copy of the manifest to indicate 
the rejected wastes in the discrepancy space of the amended manifest. 
The facility must also copy the manifest tracking number from Item 4 of 
the new manifest to the Discrepancy space of the amended manifest and 
must re-sign and date the manifest to certify to the information as 
amended. The facility must retain the amended manifest for at least 
three years from the date of amendment, and must within 30 days, send a 
copy of the amended manifest to the transporter and generator that 
received copies prior to their being amended. Facilities are not 
required to send the amended manifest to any generator or transporter 
who is registered in the EPA's e-Manifest system. Registered generators 
or transporters may obtain the signed and dated copy of a completed 
manifest from the EPA e-Manifest system in lieu of receiving the 
manifest through U.S. postal mail.

0
50. Amend Sec.  761.216 by adding paragraph (b) to read as follows:


Sec.  761.216  Unmanifested waste report.

* * * * *
    (b) Beginning on December 1, 2025, if a facility accepts for 
storage or disposal any PCB waste from an offsite source without an 
accompanying manifest, or without an accompanying shipping paper as 
described by Sec.  761.211(e), and the owner or operator of the 
commercial storage or disposal facility cannot contact the generator of 
the PCB waste, then they shall notify the Regional Administrator of the 
EPA region in which their facility is located of the unmanifested PCB 
waste so that the EPA Regional Administrator can determine whether 
further actions are required before the owner or operator may store or 
dispose of the unmanifested PCB waste, and additionally the owner or 
operator must prepare and submit an electronic Unmanifested Waste 
Report in the EPA e-Manifest system to the EPA Regional Administrator 
within 15 days after receiving the waste. The Unmanifested Waste Report 
must contain the following information:
    (1) The EPA identification number, name and address of the 
facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the 
generator and the transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous 
waste the facility received;
    (5) The method of treatment, storage, or disposal for each 
hazardous waste;
    (6) The certification signed by the owner or operator of the 
facility or their authorized representative;
    (7) A brief explanation of why the waste was unmanifested, if 
known; and
    (8) The disposition made of the unmanifested waste by the 
commercial storage or disposal facility, including:
    (i) If the waste was stored or disposed by that facility, was the 
generator identified and was a manifest subsequently supplied.
    (ii) If the waste was sent back to the generator, why and when.

0
51. Amend Sec.  761.217 by revising paragraphs (a)(1), (a)(2) 
introductory

[[Page 60739]]

text, and (b)(2), and adding paragraph (c) to read as follows:


Sec.  761.217  Exception reporting.

* * * * *
    (a) * * *
    (1) A generator of PCB waste, who does not receive a copy of the 
manifest with the handwritten signature of the owner or operator of the 
designated facility within 45 days of the date the waste was accepted 
by the initial transporter, shall immediately contact the transporter 
and/or the owner or operator of the designated facility to determine 
the status of the PCB waste.
    (2) A generator of PCB waste subject to the manifesting 
requirements shall submit an Exception Report to the EPA Regional 
Administrator for the Region in which the generator is located if the 
generator has not received a copy of the manifest with the signature of 
the owner or operator of the designated facility within 60 days of the 
date the waste was accepted by the initial transporter. The Exception 
Report shall be submitted to the EPA no later than 60 days from the 
date on which the generator should have received the manifest. The 
Exception Report shall include the following:
* * * * *
    (b) * * *
    (2) The 45- and 60-day timeframes begin the date the waste was 
accepted by the initial transporter forwarding the PCB waste shipment 
from the designated facility to the alternate facility.
    (c) Electronic Exception Reports that are originated in the EPA e-
Manifest system in accordance with paragraph (a) of this section and 
used in accordance with this section in lieu of paper Exception Reports 
are the legal equivalent of paper Exception Reports bearing handwritten 
signatures and satisfy for all purposes any requirement in this section 
to complete, sign, provide, and retain an Exception Report.
    (1) Any requirement in this section to sign an Exception Report 
certification by hand is satisfied by signing with a valid and 
enforceable electronic signature within the meaning of Sec.  262.25 of 
this chapter.
    (2) Any requirement in this section to give, provide or send an 
Exception Report to the EPA Regional Administrator is satisfied when an 
electronic Exception Report is transmitted to the EPA Regional 
Administrator by submission to the e-Manifest system.
    (3) Any requirement in Sec.  761.214 for a generator to keep or 
retain a copy of an Exception Report is satisfied by retention of a 
signed electronic Exception Report in the generator's account on the 
national e-Manifest system, provided that the Exception Report is 
readily available for viewing and production if requested by any EPA or 
authorized State inspector.
    (4) No generator may be held liable for the inability to produce an 
electronic Exception Report for inspection under this section if the 
generator can demonstrate that the inability to produce the electronic 
Exception Report is due exclusively to a technical difficulty with the 
e-Manifest system for which the generator bears no responsibility.

0
52. Amend Sec.  761.218 by adding paragraphs (e) and (f) to read as 
follows:


Sec.  761.218  Certificate of disposal.

* * * * *
    (e) Electronic certificates of disposal that are originated in an 
EPA-approved electronic system in accordance with this section and used 
in accordance with this section in lieu of paper certificates of 
disposal are the legal equivalent of paper certificates of disposal 
bearing handwritten signatures and satisfy for all purposes any 
requirement in this section to complete, sign, provide, and retain a 
certificate of disposal.
    (1) Any requirement in this section to sign a certificate of 
disposal by hand is satisfied by signing with a valid and enforceable 
electronic signature within the meaning of Sec.  262.25 of this 
chapter.
    (2) Any requirement in this section to give, provide or send a 
certificate of disposal to the EPA Regional Administrator is satisfied 
when an electronic certificate of disposal is transmitted to the EPA 
Regional Administrator by submission to an EPA-approved electronic 
system.
    (3) Any requirement in this section for a generator or disposer to 
keep or retain a copy of a certificate of disposal is satisfied by 
retention of a signed electronic certificate of disposal in the 
generator's or disposer's account, respectively, on an EPA-approved 
electronic system, provided that the certificate of disposal is readily 
available for viewing and production if requested by any EPA or 
authorized State inspector.
    (4) No generator or disposer may be held liable for the inability 
to produce an electronic certificate of disposal for inspection under 
this section if the generator or disposer can demonstrate that the 
inability to produce the electronic certificate of disposal is due 
exclusively to a technical difficulty with the EPA-approved electronic 
system for which the generator or disposer bears no responsibility.
    (f) Restriction on use of electronic certificates of disposal. The 
owner or operator of a disposal facility may participate in electronic 
certificates of disposal if it is known at the time the certificate of 
disposal is originated that:
    (1) The manifest at issue originated in the EPA e-Manifest system 
in accordance with Sec. Sec.  262.24(c) and 262.25 of this chapter; and
    (2) For mixed paper and electronic manifests (i.e., hybrid 
manifests), the generator has registered in the EPA e-Manifest system 
and has access to the electronic manifests for the site.

0
53. Amend Sec.  761.219 by adding paragraphs (e) and (f) to read as 
follows:


Sec.  761.219  One-year exception reporting.

* * * * *
    (e) Electronic One-year Exception Reports that are originated in an 
EPA-approved electronic system in accordance with paragraph (a) of this 
section and used in accordance with this section in lieu of paper One-
year Exception Reports are the legal equivalent of paper One-year 
Exception Reports bearing handwritten signatures and satisfy for all 
purposes any requirement in this section to complete, sign, provide, 
and retain a One-year Exception Report.
    (1) Any requirement in this section to sign a One-year Exception 
Report certification by hand is satisfied by signing with a valid and 
enforceable electronic signature within the meaning of Sec.  262.25 of 
this chapter.
    (2) Any requirement in this section to give, provide or send a One-
year Exception Report to the EPA Regional Administrator is satisfied 
when a One-year electronic Exception Report is transmitted to the EPA 
Regional Administrator by submission to an EPA-approved electronic 
system.
    (3) Any requirement in this section for a generator or disposer to 
keep or retain a copy of a One-year Exception Report is satisfied by 
retention of a signed electronic One-year Exception Report in the 
generators or disposer's respective account on an EPA-approved 
electronic system, provided that the One-year Exception Report is 
readily available for viewing and production if requested by any EPA or 
authorized State inspector.
    (4) No generator or disposer may be held liable for the inability 
to produce an electronic One-year Exception Report for inspection under 
this section if the generator or disposer can demonstrate that the 
inability to produce the electronic One-year Exception Report is due 
exclusively to a technical difficulty with the EPA-approved electronic 
system for which the generator or disposer bears no responsibility.

[[Page 60740]]

    (f) Restriction on use of electronic One-year Exception Reporting. 
A generator or disposer may participate in electronic One-year 
Exception Reporting if it is known at the time the One-year Exception 
Report is originated that:
    (1) The manifest at issue originated in the EPA e-Manifest system 
in accordance with Sec. Sec.  262.24(c) and 262.25 of this chapter; and
    (2) For mixed paper and electronic manifests (i.e., hybrid 
manifests), the generator has registered in the EPA e-Manifest system 
and has access to the electronic manifests for the site.

[FR Doc. 2024-14694 Filed 7-25-24; 8:45 am]
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