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Proposed Rule2026-04366

Paper Manifest Sunset Rule; Modification of the Hazardous Waste Manifest Regulations

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Published

March 5, 2026

Effective

May 4, 2026

Issuing agencies

Environmental Protection Agency

Abstract

The U.S. Environmental Protection Agency (EPA) is proposing regulatory amendments to the hazardous waste manifest regulations to establish a date for sunsetting use of paper manifests in favor of electronic manifests. Phasing out paper manifests would unlock the estimated $28.5 million annual savings through decreased burden to manifest users while also increasing human health and environmental protection through better tracking of hazardous waste and greater transparency for regulators and the public. The proposed rule also introduces several conforming amendments to existing regulations. These include new registration requirements with the EPA's e-Manifest system for RCRA hazardous waste transporters, certain PCB waste generators, and PCB waste transporters. Additionally, the rule updates exception reporting requirements for very small quantity generators (VSQGs) managing hazardous waste from episodic events, as well as for healthcare facilities and reverse distributors handling hazardous waste pharmaceuticals. It also revises discrepancy reporting requirements for owners and operators of hazardous waste facilities operating under standardized permits. Lastly, the proposed rule includes four technical corrections to the import and export requirements to correct EPA's mailing address, remove obsolete text, and correct a citation associated with manifest corrections for export shipments.

Full Text

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[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Proposed Rules]
[Pages 10862-10901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04366]

[[Page 10861]]

Vol. 91

Thursday,

No. 43

March 5, 2026

Part II

Environmental Protection Agency

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

Paper Manifest Sunset Rule; Modification of the Hazardous Waste
Manifest Regulations; Proposed Rule

Federal Register / Vol. 91 , No. 43 / Thursday, March 5, 2026 /
Proposed Rules

[[Page 10862]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 267, 271, and 761

[EPA-HQ-OLEM-2025-3456; FRL-12734-01-OLEM]
RIN 2050-AH35

Paper Manifest Sunset Rule; Modification of the Hazardous Waste
Manifest Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing
regulatory amendments to the hazardous waste manifest regulations to
establish a date for sunsetting use of paper manifests in favor of
electronic manifests. Phasing out paper manifests would unlock the
estimated $28.5 million annual savings through decreased burden to
manifest users while also increasing human health and environmental
protection through better tracking of hazardous waste and greater
transparency for regulators and the public. The proposed rule also
introduces several conforming amendments to existing regulations. These
include new registration requirements with the EPA's e-Manifest system
for RCRA hazardous waste transporters, certain PCB waste generators,
and PCB waste transporters. Additionally, the rule updates exception
reporting requirements for very small quantity generators (VSQGs)
managing hazardous waste from episodic events, as well as for
healthcare facilities and reverse distributors handling hazardous waste
pharmaceuticals. It also revises discrepancy reporting requirements for
owners and operators of hazardous waste facilities operating under
standardized permits. Lastly, the proposed rule includes four technical
corrections to the import and export requirements to correct EPA's
mailing address, remove obsolete text, and correct a citation
associated with manifest corrections for export shipments.

DATES: Comments must be received on or before May 4, 2026. Under the
Paperwork Reduction Act (PRA), comments on the information collection
provisions are best assured of consideration if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before April 6, 2026.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2025-3456, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Resource Conservation and Recovery Docket, Mail Code
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including personal information
provided.

FOR FURTHER INFORMATION CONTACT: For general information about this
proposed rulemaking contact Bryan Groce (email address:
<a href="/cdn-cgi/l/email-protection#93f4e1fcf0f6bdf1e1eaf2fdd3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="d5b2a7bab6b0fbb7a7acb4bb95b0a5b4fbb2baa3">[email&#160;protected]</span></a>, phone number: (202) 566-0339) in the Analysis and
Information Division, Office of Resource Conservation and Recovery.

SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:

1. Table of Contents

I. General Information
A. Does this action apply to me?
B. What action is the Agency taking?
C. What is the Agency's authority for taking this action?
II. Detailed Discussion of the Proposed Rule
A. Background
B. Proposed Date for Sunsetting the Use of Paper Manifests
C. Proposed Changes to Manifest-Related Definitions
1. Proposed Changes to the Definitions of ``Electronic
Manifest'' and ``Manifest''
2. Proposed Change to the Definition of ``User of the Electronic
Manifest System''
3. Proposed Change to the Definition of ``Paper Manifest
Submissions''
D. Proposed Changes to the Manifest Requirements Under 40 CFR
Parts 262 Through 267, and 761
1. Removal of the Words ``Handwritten'' and ``by Hand'' From the
Manifest Regulations
2. Additional Four Proposed Changes Under 40 CFR Parts 262, 263,
264, 265, 266, 267, and 761 To Sunset Paper Manifests
E. Additional Conforming Changes to Various Manifest/Manifest-
Related Regulations Under 40 CFR Parts 262, 266, 267, and 761
1. Manifest Registry
2. Reporting Broker's Information on Manifest
3. Hybrid Manifest
4. Replacement Paper Manifest Requirements in the Event the
EPA's e-Manifest System Is Unavailable
5. RCRA Hazardous Waste Exception, Discrepancy, and Unmanifested
Waste Reporting
6. Additional Changes to Export and Import Regulations
7. Additional Changes to Transporter Regulations
8. Additional Changes to TSDF Regulations
9. Additional Changes Under 40 CFR Part 266, Subpart P
10. Additional Proposed Changes to 40 CFR Part 267
11. Additional Changes to 40 CFR 761.66, 761.180, 761.202,
761.205, 761.208, 761.214, 761.217, 761.218, and 761.219
12. Electronic Manifests
13. Registered Printers and e-Manifest Registration
14. TSCA Exception, Discrepancy, and Unmanifested Waste
Reporting
15. Retention of Manifest Records
16. Certificates of Disposal and One-Year Exception Reporting
F. Proposed New Signature Option
G. Summary of Proposed Changes to Manifest Regulations
III. How would this proposed regulatory changes be administered and
enforced in the states?
A. Applicability of Federal Rules in Authorized States
B. Authorization of States for This Proposal
C. Conforming Changes to 40 CFR 271.10, 271.11, and 271.12
IV. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)

2. List of Acronyms Used in This Proposed Rulemaking

------------------------------------------------------------------------
Acronym Meaning
------------------------------------------------------------------------
ACH............................... Automated Clearinghouse
AES............................... Automated Export System
AOC............................... Acknowledgment of Consent (issued by
EPA)
API............................... Application Programming Interface
CBI............................... Confidential Business Information
CFR............................... Code of Federal Regulations
CROMERR........................... Cross-Media Electronic Reporting
Rule
CRT............................... Cathode Ray Tube

[[Page 10863]]

DOT............................... U.S. Department of Transportation
EPA............................... United States Environmental
Protection Agency
FR................................ Federal Register
ICR............................... Information Collection Request
IT................................ Information Technology
ITDS.............................. International Trade Data System
JSON.............................. JavaScript Object Notation
LQG............................... Large Quantity Generator
MTN............................... Manifest Tracking Number
NAICS............................. North American Industrial
Classification System
NTTAA............................. National Technology Transfer and
Advancement Act
OI................................ EPA's Off-site Identification Form
OLEM.............................. Office of Land and Emergency
Management
O&M............................... Operation and Maintenance
OMB............................... Office of Management and Budget
PCB............................... Polychlorinated biphenyl
PPC............................... EPA's Paper Processing Center
QA................................ Quality Assurance
RCRA.............................. Resource Conservation and Recovery
Act
RCRAInfo.......................... Resource Conservation and Recovery
Act Information System
RFA............................... Regulatory Flexibility Act
SLAB.............................. Spent Lead-Acid Battery
SQG............................... Small Quantity Generator
TSCA.............................. Toxic Substances Control Act
TSDF.............................. Treatment, Storage, and Disposal
Facility
UMRA.............................. Unfunded Mandates Reform Act
WC................................ Waste Characteristic
WIETS............................. Waste Import Export Tracking System
WR................................ EPA's Waste Received from Off-site
Form
------------------------------------------------------------------------

I. General Information

A. Does this action apply to me?

This proposed rule potentially affects hazardous waste generators,
transporters, and treatment, storage, and disposal facilities that use
hazardous waste manifests under the Resource Conservation and Recovery
Act (RCRA) to track shipments of hazardous waste. In addition, this
proposed rule would also impact entities handling state-only regulated
wastes and entities handling polychlorinated biphenyl (PCB) wastes
regulated under the Toxic Substances Control Act (TSCA) that are
required to use hazardous waste manifests to track shipments of such
wastes.
Additionally, this proposed rule would affect entities (including
exporter, importer, transporters, disposal facility owner/operator, or
recovery facility owner/operator) who are involved in transboundary
movements of hazardous waste for recovery or disposal, with or without
associated prior storage that are subject to the manifest regulations
to track their import or export shipments in the United States.
Finally, this proposed rule would affect entities who would be
required to complete any of the following manifest-related reports when
specific, unresolved problems or irregularities occur to waste
shipments that are subject to manifesting: (1) an Exception Report when
the generator has not received a final signed manifest from the
receiving facility within the required timeframe; (2) a Discrepancy
Report when there is a significant difference between the quantity or
type of hazardous waste on the manifest or shipping paper and the
hazardous waste received by the designated facility on the manifest;
and (3) an Unmanifested Waste Report when hazardous wastes arrive at a
facility without the required accompanying shipping paper or hazardous
waste manifest.
Potential affected entities include, but are not limited to:

------------------------------------------------------------------------
NAICS
Industrial sector code(s)
------------------------------------------------------------------------
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 260, 261, 262, 263, 264, 265, 267, 271, and
761. If you have questions regarding the applicability of this proposed
rulemaking to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section.

B. What action is the Agency taking?

This rulemaking proposes regulatory amendments to the RCRA and TSCA
manifest regulations to establish a date for sunsetting use of paper
manifests in favor of electronic manifests. After the sunset date
established by this rulemaking, only hybrid or fully electronic
manifests would be valid for tracking hazardous waste shipments under
Federal or State law.
Under the Hazardous Waste Electronic Manifest Establishment Act
(``e-Manifest Act''), Public Law 112-195, codified at 42 U.S.C. 6939g,
Congress directed EPA to establish a national system to track hazardous
waste shipments electronically. Since the e-Manifest system launched in
2018, EPA has taken numerous non-regulatory steps to increase the
percentage of electronic manifests used versus paper. However,
electronic manifests currently account for less than 1% of all
manifests that have been submitted to the e-Manifest system since
system launch. EPA has consulted the e-Manifest Advisory Board and held
several public meetings over the years to determine the barriers to
increased adoption of electronic manifesting. Establishing a date by
which paper manifests will be phased out would provide a consistent and
shared target for industry to enable efforts to finally shift to using
electronic manifests. Phasing out paper manifests would unlock an
estimated $26.4 to $28.5 million in annual savings, using discount
rates of 7% and 3%, through decreased burden (e.g., printing costs, and
recordkeeping and reporting costs) while also increasing human health
and environmental protection through better tracking of hazardous waste
and greater transparency for regulators and the public.
This rulemaking also proposes changes to the exception and
discrepancy reporting requirements under 40 CFR part 262, subpart L;
part 266, subpart P; and part 267, subpart E. These provisions apply,
respectively, to VSQGs managing an episodic event, healthcare
facilities and reverse distributors managing hazardous waste
pharmaceuticals, and to owners and operators of hazardous waste
treatment or storage facilities operating under a standardized permit
issued under 40 CFR part 270, subpart J. These proposed changes would
conform to changes made to exception and discrepancy reporting
requirements in the 2024 e-Manifest Third Rule (89 FR 60692, July 26,
2024). This document also proposes conforming changes to the exception
reporting requirements for PCB generators managing PCB wastes subject
to manifesting. Under the e-Manifest Third Rule, EPA finalized
electronic exception reporting requirements for large quantity
generators (LQGs) and small quantity generators (SQGs) but did not
extend these requirements to PCB waste generators. At that time, EPA
chose not to require PCB waste generators to register with the e-
Manifest system, a prerequisite for electronic exception reporting. To
align with current e-Manifest system capabilities and regulatory
requirements for other regulated entities, this action would update the
relevant provisions to require PCB waste generators to register with
EPA's e-Manifest system and to

[[Page 10864]]

submit electronic exception reports. (See preamble section II.E.14 for
further details regarding the proposed changes to PCB exception
reporting requirements.) Additionally, this rulemaking proposes that
certain RCRA hazardous waste handlers and other TSCA PCB waste handlers
must register with EPA's e-Manifest system. Registration would enable
these handlers to use electronic manifests as well as fulfill other
manifest-related obligations in the e-Manifest system, including
manifest data corrections, electronic reporting, and record retention.
Lastly, the proposed rule includes four technical corrections to
the import and export requirements to correct EPA's mailing address,
remove obsolete text, and correct a citation associated with manifest
corrections for export shipments.

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

The authority to propose this rule is found in sections 1002,
2002(a), and 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 rulemaking. The Economic
Analysis for the Paper Manifest Sunset Proposed Rule is available in
the docket for this rulemaking. EPA estimates that these regulatory
changes will result in annual cost savings across all entities
manifesting waste by approximately $26.4 to $28.5 million, using
discount rates of 7% and 3%.

II. Detailed Discussion of the Proposed Rule

A. Background

Sections 2(c) and 2(g)(1)(B) of the e-Manifest Act, 42 U.S.C.
6939g(c) and 6939g(g)(1)(B), provide EPA with mutually supportive
authorities to implement and sustain the national e-Manifest system.
Section 2(c) authorizes EPA to impose ``such reasonable service fees as
the Administrator determines to be necessary'' to cover all system-
related costs, including the costs of processing data from paper
manifests that continue to be used after the system implementation
date. Section 2(g)(1)(B) authorizes EPA to promulgate regulations
necessary to facilitate the transition from paper manifests to
electronic manifests. Pursuant to these authorities, EPA promulgated
the One Year Rule in 2014 (79 FR 7518, February 7, 2014), which
established the regulatory framework for electronic manifesting and set
the stage for system development. EPA subsequently promulgated the User
Fee Rule in January 2018 (83 FR 420, January 3, 2018), which finalized
the service fee structure and announced that the national e-Manifest
system would launch in June 2018. While promoting adoption of
electronic manifesting, these rules preserved the option for
generators, transporters, and receiving facilities to continue using
paper manifests, which receiving facilities must submit to the e-
Manifest system for data entry and inclusion in the national tracking
database. To support a phased transition, EPA also introduced the
hybrid manifest, a format initiated electronically by the first
transporter or receiving facility, printed and signed on paper by the
generator, and then completed electronically by subsequent handlers.
Although it begins with a paper signature, the hybrid manifest is
treated as an electronic manifest for regulatory and fee purposes,
offering a transitional option for facilities not yet fully integrated
into the e-Manifest system's electronic manifest workflow.
To further increase participation and reduce reliance on paper
manifests, EPA promulgated the e-Manifest Third Rule in July 2024 (89
FR 60692, July 26, 2024). This rule was designed to increase utility of
the e-Manifest system in delivering benefits to reduce administrative
burden and improve tracking of hazardous waste shipments. Key
provisions included mandatory e-Manifest registration for large and
small quantity generators, integration of export manifests, and
electronic submission requirements for Exception Reports, Discrepancy
Reports, and Unmanifested Waste Reports. The rule also revised the
paper manifest from a 5-copy to a 4-copy form, eliminated the
requirement for TSDFs to have to mail back the final manifest to
registered generators (who can instead use e-Manifest to access their
final manifests), and required regulated entities to make data
corrections.
Besides promulgation of the e-Manifest rules, EPA has made other
attempts to increase electronic manifest adoption. This includes, in
2020, introduction of the ``Quick Sign'' feature in e-Manifest to
streamline the electronic signature process for generators,
transporters and initial receipt by the receiving facility. The Quick
Sign method simplified registration by eliminating the need for
identity-proofing and challenge questions for users completing
signatures for generators, transporters and the initial receiving
facility receipt. Then, in 2023, EPA introduced the Remote Signer
Policy, which allows generators, transporters, and receiving facilities
to execute electronic signatures remotely. This policy addressed
challenges to adopting electronic manifesting such as limited internet
access and high turnover among field personnel. The policy also added
flexibility for the timeframe in which the electronic signature must be
executed by the registered user in the e-Manifest system--remote
signers have until the earlier of either (1) 24 hours from the time
that their field personnel received the waste from the preceding waste
handler (i.e., generator or transporter); or (2) before transferring
the waste to another handler (i.e., another transporter or receiving
facility), to execute an electronic signature to the hazardous waste
manifest. By enabling remote signers to authorize manifests via the e-
Manifest user interface or system-to-system communication, EPA aimed to
reduce reliance on paper and improve flexibility for industry users.
Furthermore, EPA has also prioritized iterative development of its
Application Programming Interface (API) services to integrate e-
Manifest with third-party industry systems. These APIs allow for
seamless data exchange between waste management systems and e-Manifest,
reducing manual entry and improving efficiency. The agency's agile
development approach reflects ongoing efforts to enhance system
interoperability and user experience.
While EPA has taken numerous non-regulatory steps to increase the
percentage of electronic manifests used versus paper, electronic
manifests currently account for less than 1% of manifests. EPA has
consulted the e-Manifest Advisory Board and held several public
meetings over the years to determine the barriers to increased adoption
of electronic manifesting, including IT readiness, training, and cost.
At the most recent meeting in September 2025, the Advisory Board
reiterated these concerns and recommended a longer compliance timeline
tied to industry readiness,

[[Page 10865]]

training, and the adjustment of industry's systems and processes. As
documented in the Final Signed e-Manifest FACA Meeting Report:
September 2025 Meeting, available in the public docket (Docket ID No.
EPA-HQ-OLEM-2025-0391), the Board emphasized the importance of
sunsetting paper manifests on a timeline that supports manifest users'
readiness and also voiced support for mandatory registration, noting
that these actions together would provide a consistent framework for
the transition to electronic manifesting and help support manifest
users' readiness for that transition. While the Board expressed
interest in a flexible, phased approach that combined elements of a
later compliance date and staggered implementation, the proposals in
this rule, including the sunset of paper manifests, mandatory
registration in EPA's e-Manifest system, and related recordkeeping and
compliance provisions, generally address the issues and concerns raised
by the Advisory Board at the September 2025 meeting.
In addition, as explained in EPA's response to the Advisory Board
(Environmental Protection Agency Response to Recommendations from the
September 17-18, 2024, e-Manifest Advisory Board Meeting, available in
the public docket, Docket No. EPA-HQ-OLEM-2024-0307, the Agency
implemented a deliberate discount for data plus image manifests for the
FY2026/2027 fee cycle to empower companies to invest in electronic
manifesting infrastructure, creating a bridge for users to modernize
systems incrementally while transitioning away from paper. By lowering
the cost of the user fee for data plus image manifests, the Agency is
providing a financial incentive for facilities to invest the savings
from this reduced fee into upgrading IT systems and workflows.
Facilities can use this cost difference to fund technology upgrades and
integrate the use of e-Manifest into their processes to prepare for a
future without paper manifests.

B. Proposed Date for Sunsetting the Use of Paper Manifests

EPA is proposing to sunset the use of paper manifests 24 months
after the publication of EPA's final rule. Specifically, EPA is
proposing amendments to the following RCRA manifest regulations under
40 CFR parts 262 through 267 for hazardous waste and to the TSCA PCB
regulations in part 761:

[ssquf] Revising paragraph Sec. 262.20(a)(1)
[ssquf] Revising paragraph Sec. 262.20(a)(3)
[ssquf] Adding Sec. 262.21(a)(3)
[ssquf] Revising paragraph Sec. 262.24(a)
[ssquf] Adding new paragraph Sec. 262.83(c)(5)
[ssquf] Adding new paragraph Sec. 262.84(c)(5)
[ssquf] Adding new paragraph Sec. 262.232(a)(8)
[ssquf] Adding new paragraph Sec. 263.20(a)(4)
[ssquf] Adding new paragraph Sec. 264.71(a)(2)(v)(C)
[ssquf] Adding new paragraphs Sec. 264.1311(a)(4) and (5), (b)(3), and
(c)(4)
[ssquf] Adding new paragraph Sec. 265.71(a)(2)(v)(C)
[ssquf] Adding new paragraphs Sec. 265.1311(a)(4) and (5), (b)(3), and
(c)(4)
[ssquf] Adding new paragraph Sec. 267.71(a)(7)
[ssquf] Adding new paragraphs Sec. Sec. 761.207(g)(1)(iii) and
761.213(f)

If finalized, these provisions would go into effect on the paper
manifest sunset compliance date (``paper sunset date''). On and after
this date, EPA would no longer accept paper hazardous waste manifests,
including image only and data plus image submission types to the e-
Manifest system, for all shipments initiated on and after this date.
Waste handlers, including generators, transporters, and receiving
facilities, would need to use electronic manifests, including fully
electronic or hybrid manifests, for all shipments initiated on and
after this sunset date.
EPA would establish a paper sunset date that is 24 months after the
publication of this final rule to allow manifest users additional time
to come into compliance with the new rule requirements, including
allowing for sufficient time to adjust information technology (IT)
systems and processes. EPA's proposal sets a 24-month compliance
timeline before eliminating paper manifest tracking, reflecting its
view that a firm and consistent target is necessary to break the status
quo and accelerate adoption. The Board's recommendation emphasized
additional time to accommodate readiness and resource constraints,
particularly for small businesses, rural generators, and PCB
transporters. Taking these perspectives into account, EPA believes the
proposed compliance date strikes a balance, providing sufficient time
for industry to adjust to fully electronic manifesting while
maintaining momentum toward the e-Manifest program's goals of
modernizing hazardous waste tracking, enabling real time visibility,
decreasing administrative burdens, and maximizing data quality,
efficiency, transparency, and potential cost savings. In addition to
the proposed changes to Sec. 262.20 described above, EPA is revising
paragraph (a)(3) of this section to make its purpose clearer once paper
manifests are eliminated on and after the paper sunset date. The
current requirement explains that a person may choose to use an
electronic manifest instead of a paper one. Because this proposed rule
would set a date when paper manifests can no longer be used, that
wording could be misunderstood by suggesting that electronic manifests
remain optional after the sunset date.
To avoid confusion, EPA is proposing to remove words ``in lieu of''
in the introductory text of paragraph (a)(3) so that it simply
describes the requirements that apply when a generator uses an
electronic manifest. This revision does not change what generators must
do when using an electronic manifest. It only ensures that paragraph
(a)(3) applies both to generators who use electronic manifests before
the sunset date and to all generators after the sunset date, when
electronic manifests become the only allowable method. Additionally,
the paper sunset date would allow time for the Agency to complete
updates to the e-Manifest system and to accommodate the EPA ID
assignment under TSCA for PCB waste generators and transporters, and
registration with EPA's e-Manifest system. (For further discussion
about proposed registration and ID assignment, please see preamble
sections II.D.2a and b.)

C. Proposed Changes to Manifest-Related Definitions

This rulemaking proposes changes to certain manifest-related
definitions in 40 CFR 260.10, 264.1310, 265.1310, and 761.3 to support
the proposed changes to sunset paper manifests described in section
II.B of this preamble. Specifically, EPA is proposing revisions to the
definitions of ``electronic manifest,'' ``manifest,'' and ``user of
electronic manifest system.''
1. Proposed Changes to the Definitions of ``Electronic Manifest'' and
``Manifest''
EPA is proposing revisions to the definitions of ``Electronic
manifest'' and ``Manifest'' in 40 CFR 260.10 and 761.3 to clarify the
relationship to EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation
Sheet). Under the proposed revision to the definition of ``Electronic
manifest,'' an electronic manifest would simply mean the electronic
format of the manifest (EPA Form 8700-22) and the continuation sheet
(EPA Form 8700-22A). Under the proposed revision to the definition of
``Manifest,'' a manifest would mean a shipping document designated as
EPA Form 8700-22, including EPA Form 8700-22A, whether completed in
either paper or electronic format, and signed

[[Page 10866]]

in accordance with the applicable requirements of 40 CFR parts 262
through 265 and part 761 subpart K.
In proposing these revisions, EPA acknowledges that its language
regarding the relationship of EPA Forms 8700-22 and 8700-22A to
electronic manifests has evolved since the authorization of electronic
manifesting in the 2014 One Year Rule. EPA initially stated that
electronic manifests would be accepted by the e-Manifest system as the
legal equivalent for the paper manifest and continuation sheet forms
(EPA Forms 8700-22 and 8700-22A). However, as the program has evolved
and EPA envisions a future consisting of entirely electronic manifests,
this language is outdated. Electronic manifests are not just the legal
equivalent for paper manifests--they are the hazardous waste manifest.
As electronic manifests capture the data elements on EPA Forms 8700-22
and 8700-22A verbatim, the electronic manifest satisfies all regulatory
requirements for information capture, signature authentication,
transmission, retention, and inspection. These proposed changes thus
would more simply align the regulatory language with the way the EPA's
e-Manifest system is implemented in practice. Beginning on the paper
sunset date, all references to EPA Forms 8700-22 and 8700-22A
throughout the manifest regulations would thus mean electronic
manifests completed and transmitted to the e-Manifest system.
If finalized, the proposed changes described in this preamble
section would go into effect upon the effective date of the final rule.
EPA requests comment on these proposed changes.
2. Proposed Change to the Definition of ``User of the Electronic
Manifest System''
EPA is proposing changes to the definition ``User of electronic
manifest system'' in 40 CFR 260.10 to reflect that e-Manifest users can
no longer use paper manifests for all shipments initiated on and after
the paper sunset date. The current definition refers to users that
elect to use e-Manifest to either obtain, complete, and transmit an
electronic manifest or use a paper manifest and submit to the e-
Manifest system. EPA is proposing amendments to the definition to
reflect that users of the EPA's e-Manifest system could no longer use
paper manifests beginning on the paper manifest sunset date. Manifest
users must use an electronic manifest for all shipments initiated on
and after that date. For shipments initiated prior to that date using a
paper manifest that are completed (meaning the shipment arrives at the
designated facility and is either accepted and signed for, or partially
or fully rejected) on or after that date, paper submission formats will
be accepted.
EPA requests comment on these proposed changes.
3. Proposed Change to the Definition of ``Paper Manifest Submissions''
EPA is proposing changes to the definition of ``Paper manifest
submissions'' in 40 CFR 264.1310 and 265.1310. Currently, paper
manifest submissions mean ``submissions to the paper processing center
of the EPA's 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. . .''.
Consistent with the proposed changes discussed above for the
definitions of ``Manifest'' and ``Electronic manifest,'' EPA proposes
to revise the definition of paper manifest submissions to clarify that
such submissions refer to data submitted to the EPA's e-Manifest paper
processing center by facility owners or operators, originating from the
designated facility's completed paper versions of EPA Forms 8700-22 and
8700-22A. The proposed definition would also eliminate existing
language referring to how submissions of paper manifests can be made,
i.e., by submitting image files, and by submitting image and data
files. All of these submission methods of paper manifests would be
obsolete after the paper manifest sunset date.
If finalized, the proposed changes described in this preamble
section would go into effect upon the effective date of the final rule.
EPA requests comment on these proposed changes.

D. Proposed Changes to the Manifest Requirements Under 40 CFR Parts 262
Through 267, and 761

To align the manifest regulations with the proposed paper sunset
date discussed in this preamble section II.B, EPA is proposing six
global changes throughout the manifest regulations under 40 CFR parts
262 through 267 and 761.
1. Removal of the Words ``Handwritten'' and ``by Hand'' From the
Manifest Regulations
EPA proposes to delete instances of the words ``handwritten'' and
``by hand'' with respect to the RCRA hazardous waste manifest at
Sec. Sec. 262.23(a)(1) and (2); 262.24(a) and (a)(1), 263.20(a)(4) and
(a)(4)(i), 263.20(a)(6)(iii), 263.20(d)(1), 263.20(e)(3),
263.20(f)(3)(i), 263.20(f)(4)(i), 264.71(a)(2)(i), 264.71(f) and (1),
264.71(h)(1), 265.71(a)(2)(i), 265.71(f) and(1), and 265.71(h)(1).
These manifest regulations explicitly require hazardous waste
generators, transporters, and receiving facilities to sign manifests
``by hand'' or obtain ``handwritten'' signatures and could be
interpreted to require the use of paper manifests once paper manifest
use ends on and after the paper sunset date, except for hybrid manifest
workflows or when the system is unavailable (see this preamble section
II.E.3 for further discussion about hybrid manifests and paper
replacement manifests). EPA finalized similar changes for the TSCA PCB
manifest regulations at 40 CFR 761.210(a)(1) and (2), 761.211(d)(1),
(e)(3), (f)(3)(i), (f)(4)(i), and 761.213(a)(2)(i) in the July 2024 e-
Manifest Third Rule. However, EPA inadvertently omitted similar changes
to the exception reporting requirements at 40 CFR 761.217(a)(1) and
(b)(1) for generators of PCB waste. To address this oversight, EPA is
proposing to amend these requirements in this rule.
These changes support the proposed changes to the definitional
terms discussed above and would mitigate any confusion that waste
handlers must continue to comply with signing manifests by hand when
use of paper manifests ends.
Additionally, consistent with the proposed revisions to the
definitions of ``Manifest'' and ``Electronic manifest'' discussed in
this preamble section II.C.2, EPA is proposing corresponding amendments
to 40 CFR 262.24(a), 263.20(a)(4), 264.71(f), 265.71(f), 761.207(g)(2)
and (2)(i), and 761.217(c) and (1). Specifically, EPA proposes to
delete the existing language stating that electronic manifests are the
``legal equivalent of paper manifest forms bearing handwritten
signatures.'' As explained in section II.C.2 of this preamble,
electronic manifests are not merely substitutes for paper manifests,
they constitute the hazardous waste manifest itself. Accordingly,
references suggesting that electronic manifests are equivalent to, or
serve as substitutes for, EPA Forms 8700-22 and 8700-22A are no longer
necessary and are proposed for removal. EPA is proposing similar
changes to 40 CFR 761.218(e) and (1) and 761.219(e) and (1) to remove
legal equivalency language pertaining to electronic certificates of
disposal and one-year exception reports for PCB waste.
If finalized, the proposed changes described in this preamble
section would go into effect upon the effective date of the final rule.
EPA requests comment on these proposed changes.

[[Page 10867]]

2. Additional Four Proposed Changes Under 40 CFR Parts 262, 263, 264,
265, 266, 267, and 761 To Sunset Paper Manifests
EPA is proposing global changes to the manifest regulations that,
if finalized, would impact LQGs and SQGs, very small quantity
generators (VSQGs) managing episodic events under 40 CFR part 262
subpart L, hazardous waste transporters, hazardous waste treatment,
storage, and disposal facilities (both permitted and interim status),
facilities operating under a standardized permit, healthcare facilities
and reverse distributors subject to the hazardous waste pharmaceutical
requirements at 40 CFR part 266 subpart P, PCB waste generators, PCB
waste transporters, and PCB commercial storage and disposal facilities.
Specifically, EPA is proposing regulatory amendments to existing
manifest regulations to require, as applicable (1) registration with
the EPA's e-Manifest system; (2) assignment of unique EPA
identification numbers for e-Manifest registration purposes; (3)
mandatory manifest data corrections; and (4) mandatory record retention
in the e-Manifest system. EPA notes that some of these proposed changes
were finalized for some hazardous waste handlers under previous e-
Manifest rules (e.g., mandatory registration and manifest data
corrections for LQGs and SQGs in the 2024 e-Manifest Third Rule). Thus,
some waste handlers would not be impacted by all the proposed changes
outlined in this section. Please refer to the summary table in preamble
section II.E; this table describes the proposed changes to the manifest
regulations in 40 CFR parts 262 through 267, and 761, and how the
regulated entities would be impacted by the proposed changes.
a. Mandatory Registration
EPA is proposing changes to the RCRA hazardous waste and TSCA PCB
regulations to require that specific waste handlers register with EPA's
e-Manifest system. Required registration would ensure that these
regulated waste handlers, which are currently required to use a
manifest, can use electronic manifests and satisfy other manifest-
related obligations such as manifest data corrections, electronic
reporting, and recordkeeping.
These registration requirements would mirror current requirements
for large and small generators to register for e-Manifest at 40 CFR
262.20(a)(1) and (2) and 262.42. Large and small quantity generators
must currently maintain e-Manifest accounts to access their final
signed manifests from the EPA's e-Manifest system and to submit
manifest data corrections and Exception Reports electronically to EPA's
e-Manifest system.
To obtain signed and dated copies of completed manifests from the
e-Manifest system, VSQGs managing episodic events under 40 CFR part
262, subpart L, hazardous waste transporters, healthcare facilities and
reverse distributors subject to the hazardous waste pharmaceutical
requirements at 40 CFR part 266 subpart P, PCB waste generators, and
PCB waste transporters would be required to register personnel with the
e-Manifest system. Specifically, EPA is proposing changes to 40 CFR
262.232(a)(3) (VSQGs managing episodic events), 263.20(a)(3) (hazardous
waste transporters), 266.508(a) (healthcare facilities and reverse
distributors of hazardous waste pharmaceuticals), and 761.208(b) (TSCA
PCB waste generators, transporters, and commercial storage and disposal
facilities). (See this preamble sections II.D.2.b and II.E.13.b for
further discussion about registration.) EPA recommends that each waste
handler register at least two employees as Site Managers. The ``Site
Manager'' permission level would enable these entities to use
electronic manifests, acknowledge or verify shipment receipts, and
satisfy other reporting requirements (e.g., generator electronic
exception reporting, mandatory data corrections, and record retention)
proposed in this proposed rule. In addition, ``Site Managers'' can
approve permissions for other personnel in their organizations. For
example, ``Site Managers'' could designate 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. The ``Viewer''
permission level would ensure that these personnel could verify
shipment receipts by the receiving facility, however, these personnel
could not prepare and submit electronic Exception Reports or submit
data corrections electronically to the EPA's e-Manifest system.
While VSQGs managing episodic events under 40 CFR part 262 subpart
L, healthcare facilities and reverse distributors subject to the
hazardous waste pharmaceutical requirements at 40 CFR part 266 subpart
P, and PCB waste generators, would be required to track their wastes
using an electronic manifest, such entities can use hybrid manifests.
Hybrid manifests would allow these entities the ability to sign a hard
copy printout of the electronic manifest, allowing field personnel,
employees, and contractors with direct physical responsibility for the
waste shipment to avoid registering in the EPA's e-Manifest system.
However, registration would still be required to access the completed
electronic manifest, make corrections, and file electronic exception
reports. To support modernization and enhance data quality, EPA
encourages these entities to adopt fully electronic manifests whenever
feasible.
EPA acknowledges that transporters may face barriers for electronic
manifesting, including for hybrid manifesting, for various reasons.
While EPA has established the remote signer policy to mitigate barriers
for electronic manifesting, EPA is considering an alternate additional
electronic signature solution, detailed in preamble section II.E. The
alternate electronic signature approach would offer more flexibility
than the remote signer policy option by allowing a transporter to sign
an electronic manifest directly in the EPA's e-Manifest system, via
Short Message Service (SMS), without the need to access the system
either through an individual, registered e-Manifest account or
communicating with a remote signer with an individual, registered e-
Manifest account.
If finalized, the proposed changes described in this preamble
section would go into effect upon the effective date of the final rule,
with one exception for PCB waste generators and transporters. To
support a smooth transition to the updated e-Manifest system, the EPA
is proposing a delayed compliance timeline for e-Manifest registration
for PCB waste generators and PCB waste transporters. While most
provisions in this rule would take effect upon the effective date of
the final rule, these entities would be required to register with the
e-Manifest system by the paper manifest sunset date, as outlined in
this preamble section II.B.
This delay serves two key purposes:
[ssquf] It allows the EPA time to update the e-Manifest system to
accept TSCA EPA ID numbers in place of RCRA EPA ID numbers (see section
II.D.2.b. of this preamble below).
[ssquf] It provides PCB waste generators and transporters with
additional time to understand and comply with the new rule
requirements.
By aligning the registration deadline for PCB generators and
transporters with the paper sunset date, the EPA aims to reduce
disruption, support compliance, and ensure that PCB waste generators

[[Page 10868]]

and transporters have the tools and time they need to meet their
obligations.
EPA requests comment on these proposed changes.
b. Obtaining an EPA ID
As explained above in this preamble section II.D.2.a, EPA is
proposing to require all waste handlers subject to manifesting,
including hazardous waste generators, transporters, and TSCA regulated
PCB waste handlers, to be registered with the e-Manifest system.
Historically, registration with e-Manifest has required an EPA ID
issued under RCRA (referred to as a RCRA-issued EPA ID) obtained via
EPA Form 8700-12 (Site Identification Form). However, PCB waste
handlers have a separate notification process under the TSCA
regulations using EPA Form 7710-53 (Notification of PCB Activity),
under which certain PCB waste handlers receive an EPA ID issued under
TSCA (referred to as a TSCA-issued EPA ID). To date, if a PCB waste
handler wanted access to e-Manifest, they would have had to complete
both EPA Form 7710-53 as well as EPA Form 8700-12. In addition, some
PCB waste handlers are exempt from notification and are not required to
obtain a TSCA-issued EPA ID.
To enable PCB waste handlers to use electronic manifests, EPA is
proposing the following changes:
[ssquf] PCB waste handlers would be allowed to register for e-
Manifest access using either a RCRA-issued EPA ID obtained via EPA Form
8700-12 or a TSCA-issued EPA ID obtained using EPA Form 7710-53; EPA
would update its e-Manifest system accordingly.
[ssquf] Under existing 40 CFR 761.205, non-exempt PCB waste
generators, commercial storers, transporters, and disposers are
required to notify EPA and obtain an ID via EPA Form 7710-53. These
entities would be able to use this TSCA-issued ID (or an ID issued
under RCRA) to register in the e-Manifest system.
[ssquf] PCB waste generators who are exempt (i.e., those who do not
own or operate PCB storage facilities subject to the storage
requirements of 40 CFR 761.65(b) or (c)(7)) are not currently required
to notify EPA or obtain a TSCA-issued EPA ID. Under this proposal,
these PCB waste generators would be required to notify EPA using EPA
Form 7710-53 to obtain a TSCA-issued EPA ID to register with the e-
Manifest system.\1\
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\1\ EPA estimates that approximately 4,068 (51.1%) PCB waste
generators currently have RCRA-issued EPA IDs and are registered
with the e-Manifest system. Of the remaining unregistered PCB waste
generators, 3,898 generators, an additional 1,356 (34.8%) generators
have RCRA-issued EPA IDs and can use them to register with e-
Manifest. This leaves 2,542 PCB waste generators without RCRA IDs or
TSCA IDs.
---------------------------------------------------------------------------

EPA emphasizes that an EPA ID is required for all waste handlers to
register with e-Manifest in order to access the manifests associated
with a specific site and satisfy other requirements such as data
corrections and electronic exception reporting. RCRA handlers and non-
exempt PCB waste handlers that would be required to use electronic
manifests and register for e-Manifest under this proposal are already
required to notify EPA and obtain an ID. Thus, only PCB waste
generators who are currently exempt would be newly subject to
requirements to notify EPA and obtain an ID under this's proposal.
For further discussion regarding PCB waste generator notification
and TSCA-issued ID assignment for e-Manifest registration, refer to
this preamble section II.E.11.b.
EPA requests comment on these proposed changes.
c. Data Correction Requirements
EPA is proposing data correction requirements for very small
quantity generators managing episodic events under 40 CFR part 262,
subpart L and healthcare facilities and reverse distributors subject to
the hazardous waste pharmaceutical regulations under 40 CFR part 266,
subpart P. These data correction requirements would mirror current
requirements for large and small quantity generators. Under the
existing regulations, LQGs and SQGs must submit data corrections to
manifests within 30 days of receipt of the request by EPA or authorized
state.\2\ Under this proposal, VSQGs managing an episodic event under
40 CFR part 262, subpart L and healthcare facilities and reverse
distributors subject to 40 CFR part 266, subpart P, would be required
to submit data corrections electronically to the EPA's e-Manifest
system within 30 days of the request by EPA or authorized state. Under
this proposed change, if EPA requested corrections to portions of a
manifest that a VSQG, healthcare facility, or reverse distributor was
responsible for completing, the relevant entity would be required to
follow the post-receipt data correction process detailed in 40 CFR
262.20(a)(2) to reconcile the errors.
---------------------------------------------------------------------------

\2\ States must first adopt the e-Manifest Third Rule before
they can administer and enforce the data correction provisions as
well as all other aspects of the rule. The same would apply for the
proposed changes in this section.
---------------------------------------------------------------------------

If finalized, the proposed changes described in this preamble
section would go into effect upon the effective date of the final rule.
EPA requests comment on these proposed changes.
d. Recordkeeping Requirements
Existing manifest regulations under 40 CFR parts 262 through 266
and 761 generally require waste handlers to retain signed manifests and
manifest-related reports (see this preamble sections II.E.5 and
II.E.14) for at least three years, with recordkeeping periods extended
during an enforcement action or upon request by the Administrator.
Under current regulation and policy, entities registered with and
maintaining access to e-Manifest through a handler account may satisfy
the obligation to retain records of their manifests (whether paper or
electronic) set forth at 40 CFR 264.74 by accessing their official
manifest records (both paper and electronic) through e-Manifest.\3\
Once the paper manifest sunset date is in effect, and all manifest
records are captured electronically within e-Manifest, the legacy
paper-based recordkeeping requirements under RCRA and TSCA would become
unnecessary as there would no longer be paper manifests and all copies
of the electronic manifest would be accessible in e-Manifest. Since
waste handlers could continue to use paper manifests until the paper
sunset date, waste handlers would be required to retain paper manifest
records until the receiving facility uploads them to the EPA's e-
Manifest system and they are delivered to users' accounts. At that
time, waste handlers can discard the paper copy as that copy would be
replaced by the final manifest copy in the e-Manifest system. EPA notes
that for electronic manifests, all the availability and retention
obligations set forth at 40 CFR 264.74 are inherently satisfied by
housing the electronic manifests in the e-Manifest system. Because
these manifests are created, transmitted, signed, and stored
electronically, users have immediate

[[Page 10869]]

access to their copies of record through their registered accounts.
Similarly, manifest-related reports such as Discrepancy and Exception
reports required to be submitted to e-Manifest are likewise housed and
accessible in the system. This instantaneous availability fulfills the
regulatory intent of making manifests and manifest-related reports
available for inspection and retained for recordkeeping purposes
without requiring additional on-site documentation. The e-Manifest
system only fulfills this regulatory recordkeeping requirement for
manifests and manifest-related reports that are required to be
submitted to e-Manifest and which are, in fact, submitted to the
system; all other records must continue to be retained and made
available upon request as required by regulation.
---------------------------------------------------------------------------

\3\ Generators registered with e-Manifest may satisfy Federal
manifest recordkeeping requirements by accessing electronic copies
through their accounts. As of January 22, 2025, receiving facilities
are no longer required to mail completed manifests to LQGs and SQGs,
who must maintain e-Manifest accounts to retrieve final signed
copies. For paper manifests, generators may discard the initial
signed paper copy once the final image is available in e-Manifest,
except in hybrid manifest cases, where the initial hand-signed copy
must be retained for the full three-year retention period.
Transporters not registered with e-Manifest must retain any paper
copies they obtain as their legal records. State-specific reporting
obligations may also affect retention practices. This policy is
detailed in EPA's e-Manifest FAQs #1 and #5, available under the
``Record Retention and Distribution'' and ``Generator'' sections at
<a href="http://epa.gov/e-Manifest/frequent-questions-about-e-manifest">epa.gov/e-Manifest/frequent-questions-about-e-manifest</a>.
---------------------------------------------------------------------------

Therefore, EPA is proposing changes to most recordkeeping
requirements for manifests and, as applicable, manifest-related
reports, under 40 CFR 262.23(f)(4), 262.40, 263.22, 264/
265.71(a)(2)(vi) and (b)(5), 267.71(a)(5) and (b)(5), 266.502(j)(1) and
(2), 266.510(c), and Sec. Sec. 761.210(e)(4), 761.213(b)(5), and
761.214(a)(1) and (2), (c)(1) and (2), and (d), with such documents
retained in the e-Manifest system accounts in lieu of on-site facility
recordkeeping. (Also, see this preamble sections II.E.11.a and
II.E.14.a for proposed changes to recordkeeping requirements for PCB
waste handlers' annual records and Exception Reports).
EPA would continue to require manifest recordkeeping requirements
as it relates to the hybrid manifest. Generators would continue to
retain their initial copy of the hybrid electronic manifests for the
three-year recordkeeping period since, under the hybrid electronic
manifest flow, generators sign a hard copy printout of the electronic
manifest, and this copy is not housed in e-Manifest. Under the hybrid
flow, this signed hard copy would be the only version of the manifest
created that has the generator's signature and thus would need to be
retained and made available for inspection. In addition, EPA would
continue to require recordkeeping in the rare event that the e-Manifest
system becomes unavailable for electronic manifesting. In this rare
event, waste handlers would need to revert to hard copy paper manifests
that would need to be retained for the three-year recordkeeping period
until the final copy of the manifest is able to be submitted to the
system. Please see this preamble section II.E.4 for further discussion
about paper replacement manifests.
EPA requests comment on these proposed changes. EPA also requests
comment on whether the Agency should require upload of generators'
paper copies of hybrid manifests in e-Manifest, thereby capturing all
manifest copies in the e-Manifest system and eliminating the need to
require recordkeeping by generators for these copies.

E. Additional Conforming Changes to Various Manifest/Manifest-Related
Regulations Under 40 CFR Parts 262, 266, 267, and 761

1. Manifest Registry
EPA is proposing to add new paragraph (a)(3) under 40 CFR 262.21.
Section 262.21 details the requirements for manifest tracking numbers,
printing, and obtaining paper manifests. These provisions apply
primarily to registrants authorized by EPA to print and distribute the
paper manifest forms and govern:
[ssquf] How registrants apply to print the paper formats of EPA
Forms 8700-22 and 8700-22A.
[ssquf] Procedures for assigning manifest tracking numbers to
printed paper forms.
[ssquf] Specifications for printed manifests such as paper type,
paper weight of each copy, ink color of the instructions and binding
method of the copies.
[ssquf] Oversight of third-party printing operations.
Additionally, the manifest provision at 40 CFR 262.21(g)(1) allows
a generator to use paper manifests printed by any source (e.g., state
agency, commercial printer, hazardous waste generator, transporter,
TSDF) so long as the source of the printed form is registered with EPA
to print the paper manifest forms.
Beginning on and after the paper sunset date, only electronic
manifests would be used for tracking shipments of hazardous waste.
Further, only the EPA's e-Manifest system would assign unique MTNs to
electronic manifests. Therefore, the manifest registry regulations
would be unnecessary. EPA is proposing to sunset the manifest registry
requirements beginning on the paper sunset date. At that time,
hazardous waste generators would no longer obtain paper manifest forms
from registered sources. Additionally, registered printers would no
longer produce paper manifest forms for use.
EPA requests comment on these proposed changes.
2. Reporting Broker's Information on Manifest
To further support the transition away from paper manifests and
enhance data transparency in the e Manifest system, EPA is proposing
additional changes to 40 CFR 262.23. This amendment would require
hazardous waste generators to explicitly identify brokers who assist in
preparing or arranging hazardous waste shipments by including a
standardized statement in Item 14 of the manifest. EPA is also
proposing parallel amendments to 40 CFR 761.210 to apply this same
reporting requirement to generators of PCB waste. This change aims to
ensure broker information is consistently captured in the e-Manifest
system, thereby enabling brokers to participate in electronic
manifesting by accessing manifest records, correcting manifest data,
and preparing electronic manifests on behalf of their generator
customers.
Currently, although brokers may be listed on paper manifests, their
information is often omitted from the e-Manifest system due to the
absence of clear regulatory direction. As a result, brokers, who
frequently play a central role in coordinating shipments, may be unable
to access the manifest records for shipments they helped facilitate.
Brokers provide essential administrative and logistical support to
small and mid-sized generators, including manifest preparation, data
correction, transporter and facility coordination, and customer
service. While brokers may not take physical custody of the waste,
their involvement is integral to the shipment process.
To address this gap, EPA proposes to redesignate existing paragraph
(a)(3) as (a)(4) and add a new paragraph (a)(3) to 40 CFR 262.23 and
761.210. The new provision would require generators of hazardous or PCB
waste to enter the following statement in the Item 14 field of the
manifest when a broker is involved: ``[Broker company name], EPA ID
[EPA identification number], prepared and/or arranged the shipment on
behalf of the generator.''
EPA also proposes to revise the manifest instructions for Item 14
to direct generators to include this broker information. If finalized,
generators would be responsible for ensuring the statement is entered
and that the broker's company name and EPA ID number are accurately
included. Generators may arrange for the broker or other entities
associated with the shipment to provide this information on their
behalf. For paper manifests, EPA does not propose adding a new broker
field. Instead, revised instructions would guide generators to enter
the broker's details in Item 14, alerting the receiving facility to
input this information into the e-Manifest system. For electronic
manifests, brokers may

[[Page 10870]]

either create the manifest directly or coordinate with generators or
other listed parties to ensure their EPA ID is properly included during
manifest preparation. In such cases, the receiving facility would not
need to retrieve or re-enter the broker information, as the requirement
would be considered satisfied. If finalized, the new requirement and
associated changes to the manifest form instructions would take effect
upon the effective date of the final rule. EPA requests public comment
on this proposed change and to the proposed Item 14 instruction with
respect to broker information on the manifest.
3. Hybrid Manifest
Hybrid manifests, which are electronic manifests, currently allow
generators who are not registered in e-Manifest or do not have an EPA
ID number, to sign a printed copy of the electronic manifest generated
from the e-Manifest system. The electronic manifest, printed and
formatted on standard 8.5 x 11 office paper and printed from any
available printer device, is signed in hard copy by both the generator
and initial transporter. The generator retains a copy and provides one
to the transporter, which may also serve as the U.S. DOT shipping
paper. The transporter keeps the signed paper copy with the shipment
until delivery to the receiving facility. Meanwhile, the initial
transporter and all subsequent parties, including additional
transporters and the designated facility, electronically sign the
manifest in the system.
Beginning on the paper sunset date, manifest users would be
required to use electronic manifests, either hybrid or fully
electronic, to track hazardous waste shipments during transportation.
EPA would no longer accept paper manifest submissions in any format,
including scanned images or data-plus-image files, except when in the
rare event the EPA's e-Manifest system becomes unavailable as described
below. To align with proposed updates to the recordkeeping requirements
under 40 CFR 262.40 as discussed in this preamble section II.D.2.d, EPA
is proposing a new provision at 40 CFR 262.24(c)(2) and to clarify that
any generator, or healthcare facility or reverse distributor subject to
40 CFR part 266, subpart P who elects to use the hybrid manifest must
retain the initial paper copy of the manifest at the facility for the
full three-year record retention period. EPA is also proposing parallel
amendments to 40 CFR 761.214(a)(1) to apply this same retention
requirement to generators of PCB waste who use hybrid manifests. This
copy is the only version that includes the generator's signature on the
generator/offeror certification and is not uploaded to the EPA's e-
Manifest system. As a result, the initial paper copy would not be
accessible for electronic viewing, correction, or inspection via the
EPA's e-Manifest system, nor could the entities print hard copies of
their initial manifests from the system at the request of an inspector.
Thus, this initial paper copy must be available for inspection at the
facility or made available immediately upon request for inspection.
EPA recognizes that the point of custody transfer between the
generator and transporter has been one of the key barriers to broader
adoption of electronic manifests. This barrier arises because the
individual physically present at the pickup, typically a transporter
driver, often lacks a device, system access, or real time coordination
needed to execute an electronic signature at the time of custody
transfer (Remote Signer). EPA also recognizes that waste handlers face
other key barriers, such as limited network access in the field where
transporters pick up waste from generators. Another barrier is the
technical and resource demands associated with adapting existing
industry system to using electronic signatures. These challenges have
made it difficult for some generators and transporters to fully
transition to electronic manifests.
In light of EPA's proposal to require electronic manifests by the
paper sunset date, EPA is considering additional, non-regulatory system
enhancements to improve usability of electronic signature options and
support broader adoption. Further discussion of EPA's evaluation of an
SMS-based signature approach is provided in this preamble section II.F.
EPA requests comment on these proposed changes. In addition, EPA is
seeking comment on whether the hybrid manifest provision at 40 CFR
262.24(c)(1) remains necessary. Considering the proposed signature
method, the planned sunset of paper manifests, and the requirement for
all manifest users to register with the e-Manifest system, the hybrid
manifest may no longer be needed. On the other hand, the hybrid
manifest could still be useful in cases where there is no cell/network
coverage at the generator site.
4. Replacement Paper Manifest Requirements in the Event the EPA's e-
Manifest System Is Unavailable
EPA is proposing to revise the existing manifest provisions at 40
CFR 262.24(e), 263.20(a)(6), 264.71(h)(1)(4), and 265.71(h)(1) through
(4). These provisions require that waste handlers follow paper-based
manifest procedures when the e-Manifest system is unavailable. Since
system launch in June 2018, system downtime has been extremely limited,
with manifest submission functionality exceeding 99.99% uptime.
Currently, in the rare event that the e-Manifest system is unavailable
to complete the tracking of a shipment that was initiated with an
electronic manifest, generators must complete paper manifests and
follow paper-based manifest procedures. Transporters must reproduce
sufficient copies, include a notation in Item 14 identifying the
manifest as a replacement, reference the original tracking number, and
sign each copy by hand (40 CFR 263.20(a)(6)). Receiving facilities must
sign and date Item 20, report discrepancies in Item 18 and send signed
copies to the generator and the EPA's e-Manifest system within 30 days.
(40 CFR 264.71(h) and 265.71(h)). All parties on the manifest must
retain copies for recordkeeping.
To facilitate a complete sunset of paper manifests, EPA would amend
these provisions to allow for generators and other waste handlers
listed on the manifest to complete signatures on the printed copy of
the electronic manifest and complete electronically in the system at
such time as the e-Manifest system becomes available. If users are
unable to access e-Manifest to print their electronic manifest, EPA
envisions allowing users to print a stand-alone manifest from an EPA
website on a separate network and follow paper-based manifest tracking
procedures for the transportation of the waste shipment. As soon as
access to the EPA's e-Manifest system resumes, a receiving facility
would be required to submit a paper replacement manifest to the EPA's
e-Manifest system.
Additionally, EPA proposes to amend 40 CFR 264.71(h)(3) and (4) and
265.71(h)(3) and (4) to align with the registration requirements
established in the e-Manifest Third Rule and those proposed in this
document. Currently, these provisions require receiving facilities to
send a signed and dated copy of the paper replacement manifest to the
generator and send an additional signed and dated copy of the paper
replacement manifest to the electronic manifest system within 30 days
of delivery of the shipment. Additionally, a receiving facility must
retain at their site one copy of the paper replacement manifest for at
least three years from the date of delivery. As discussed in this
preamble section II.D.2.d, the proposed changes under consideration for

[[Page 10871]]

manifest recordkeeping would require all waste handlers to maintain e-
Manifest accounts to access and retain final signed manifests within
the EPA's e-Manifest system. Consequently, existing requirements for
receiving facilities to send paper replacement manifests to generators
and retain them for three years would no longer be necessary. EPA
therefore proposes to amend these two provisions by eliminating the
existing requirement that a receiving facility must send a replacement
manifest copy to the generator within 30 days of shipment delivery and
retain an additional copy onsite for three years. Instead, the proposed
amendments would require waste handlers to retain replacement manifest
copies at their site until the receiving facility uploads them to the
EPA's e-Manifest system and they are delivered to both the generator's
and facility's users accounts. Once the replacement manifest is
available in the generator's and facility's accounts, they could
discard their copies, relying on the system version to satisfy
recordkeeping obligations.
If finalized, these proposed changes would go into effect on the
paper sunset date. EPA requests comment on these proposed changes.
In addition, and to align with our efforts to modernize hazardous
waste tracking and ensure consistent data quality across the e-Manifest
system, the Agency is considering establishing a requirement that would
restrict paper manifest submissions to data plus image uploads when the
e-Manifest system is temporarily unavailable, and waste handlers must
revert to paper manifest tracking during contingency scenarios.
Currently, image-only submissions are permitted during system outages
to ensure continuity of operations. However, EPA is evaluating whether
it would be appropriate to allow image-only submissions after the paper
manifest sunset date, given the expectation that facilities would be
fully equipped to support data plus image workflows. Requiring data
plus image uploads during system outages would reduce reliance on
manual data entry, improve the accuracy and timeliness of manifest
records, and reinforce digital readiness across the regulated
community. EPA requests public comment on this potential requirement,
which would go into effect on the paper sunset date.
5. RCRA Hazardous Waste Exception, Discrepancy, and Unmanifested Waste
Reporting
EPA is proposing several conforming changes to the exception,
discrepancy, and unmanifested waste reporting requirements under 40 CFR
parts 262, 264, 265, and 267. These changes are intended to align the
regulations with the electronic reporting framework established in the
2024 e-Manifest Third Rule, clarify EPA's original intent, and ensure
consistency across generator categories and receiving facilities.
a. Exception Reporting
EPA is proposing to amend 40 CFR 262.42(a) and (b) to require LQGs,
SQGs, and VSQGs managing episodic events under 40 CFR part 262, subpart
L to submit Exception Reports electronically via the e-Manifest system.
This change ensures that regulators can access reports directly through
the system, eliminating the need for written submissions. To that end,
EPA is also proposing to remove and reserve outdated provisions that
authorize written reporting at 40 CFR 262.42(a)(2) and (b)(1).
Additionally, EPA is clarifying that the electronic exception
reporting provisions at 40 CFR 262.42(d), established in the e-Manifest
Third Rule, also apply to receiving facilities that must prepare an
Exception Report for full or partial load rejections and container
residues. These provisions ensure that facilities registered with and
maintaining access to e-Manifest through a handler account:
[ssquf] Satisfy record retention obligations under 40 CFR 264.74
and 265.74 by accessing official Exception Report records through the
system; and
[ssquf] Are not liable for failing to produce these reports during
inspections if the failure is solely due to a technical issue with the
e-Manifest system beyond their control.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
b. Discrepancy Reporting
EPA is proposing amendments to 40 CFR 264.72, 265.72, and 267.72 to
clarify electronic reporting requirements, including electronic
recordkeeping, are also in effect now under the e-Manifest program.
These changes are intended to align the regulations with the intent of
the e-Manifest Third Rule and correct regulatory inconsistencies. To
align hazardous waste reporting requirements with the full
implementation of the EPA's e-Manifest system, EPA is proposing to
delete and reserve 40 CFR 264/265.72(c)(1) and amend 267.72(b) which
reflect legacy paper-based discrepancy reporting. Sections 264.72(c)(1)
and 265.72(c)(1) and 267.72(b) required that facility owners or
operators submit a written exception report to EPA when discrepancies
in waste shipments occur. This ensures that unresolved discrepancies
are formally documented and communicated to the Agency.
However, as of December 1, 2025, paper-based discrepancy reporting
is no longer allowed; facilities must comply with 40 CFR 264.72(c)(2)
and 265.72(c)(2), which mandates the use of electronic discrepancy
reporting through the EPA's e-Manifest system. (EPA inadvertently
omitted electronic discrepancy reporting for facilities operating under
the standardized permit regulations and is proposing to amend 40 CFR
267.72 accordingly.)
Similarly, the proposed rule updates manifest transmittal
requirements for rejected waste and residue shipments forwarded to
another facility for management (40 CFR 264.72(e)(6) and 265.72(e)(6)).
Under the e-Manifest Third Rule, large quantity generators (LQGs) and
small quantity generators (SQGs) must obtain final, completed manifest
copies from the EPA's e-Manifest system. Currently, the regulations
require designated facilities that receive waste but subsequently
forward it--either in full, in part, or as container residues--to
prepare and sign a new manifest and mail the initial copy to the
generator. To align with the sunset of paper manifests and the
electronic reporting practices established in the e-Manifest Third
Rule, EPA now proposes that these facilities transmit the initial
manifest copies through the e-Manifest system instead of mailing them.
Lastly, the proposed rule clarifies that electronic recordkeeping
requirements established in the e-Manifest Third Rule apply to
electronic Discrepancy Reports. Specifically, the proposed changes:
[ssquf] Add new paragraphs 40 CFR 264.72(c)(3) and (4),
265.72(c)(3) and (4), and 267.72(c). These additions would clarify that
receiving facilities satisfy record retention obligations by accessing
official Discrepancy Report records through the system and will not be
held liable for failing to produce electronic Discrepancy Reports
during inspections if the failure is solely due to a technical issue
with the e-Manifest system beyond their control. These protections were
intended for electronic discrepancy, exception, and unmanifested waste
reporting all electronic requirements in the Third Rule but were not
explicitly extended to discrepancy reporting.
[ssquf] Amend 40 CFR 264.72(f)(8) and 265.72(f)(8). These revisions
would clarify the recordkeeping provisions in

[[Page 10872]]

40 CFR 262.42(d) also apply to electronic Exception Reports for full or
partial load rejections and container residues. Sections 264.72(f)(8)
and 265.72(f)(8) require receiving facilities to submit Exception
Reports electronically when rejected shipments or container residues
are returned to the generator and no signed manifest is received within
60 days. EPA proposes to amend these provisions to clarify that such
facilities satisfy record retention obligations under 40 CFR 264.74 and
265.74 by accessing official Exception Report records through the
system; and will not be held liable for failing to submit Exception
Reports if the failure is solely due to a technical issue with the e-
Manifest system beyond their control.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
c. Unmanifested Waste Reporting
Consistent with the removal of outdated provisions for exception
and discrepancy reporting, EPA is also proposing to remove and reserve
outdated provisions 40 CFR 264.76(a) and 265.76(a) that authorize
written reporting of unmanifested waste. Additionally, EPA is proposing
to clarify that facilities satisfy record retention obligations under
40 CFR 264.74 and 265.74 by accessing official Unmanifested Waste
Report records through the system. To that end, EPA proposes to add 40
CFR 264.76(c) and 265.76(c). These new provisions would clarify that
receiving facilities satisfy record retention obligations under 40 CFR
264.74 and 265.74 by accessing official Unmanifested Waste Report
records through the system; and are not liable for failing to produce
unmanifested waste reports during inspections if the failure is due
exclusively to a technical issue with the e-Manifest system beyond
their control.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
6. Additional Changes to Export and Import Regulations
EPA is proposing amendments to hazardous waste export and import
regulations at 40 CFR 262.83 (hazardous waste export shipments) and
262.84 (hazardous waste import shipments). EPA is additionally
proposing three technical corrections to the import and export
requirements.
a. Hazardous Waste Export Regulations
EPA is proposing two changes to the hazardous waste export
regulations. First, EPA is proposing conforming revisions to 40 CFR
262.83(c) to clarify that hazardous waste exporters must register with
and use the EPA's e-Manifest system for manifest submissions, data
corrections, and record retention, to correct the regulatory citation
for confirmation of receipt and to clarify when data corrections for
export manifests must be made consistent with requirements in 40 CFR
265.71(l). These revisions are intended to codify existing requirements
that exporters must perform to comply with existing e-Manifest
regulations and reinforce the electronic workflow established under
prior e-Manifest rulemakings. Under current regulations, hazardous
waste exporters are already required to submit completed manifests,
whether initiated electronically or on paper, to the EPA's e-Manifest
system, and to make any necessary data corrections electronically. Both
functions require exporters to maintain active accounts within the e-
Manifest system, effectively mandating registration. The proposed text
revisions to 40 CFR 262.83(c)(4)(v) correct the citation for a foreign
receiving facility certifying receipt of a hazardous waste export
shipment, changing the reference from paragraph (d)(2)(xvii) to the
correct paragraph (d)(2)(xv). The revisions also clarify that data
corrections must be made if either of the following occurs:
[ssquf] The exporter receives a confirmation of receipt from the
foreign receiving facility, as per 40 CFR 262.83(d)(2)(xv), that
documents significant differences in quantity (as defined by 40 CFR
265.72(b)) compared with the quantity listed on the RCRA export
manifest submitted to the e-Manifest system.
[ssquf] The exporter submits an exception report to EPA, as per 40
CFR 262.83(h)(1)(iii), because the foreign receiving facility rejected
part or all of a hazardous waste export shipment and the rejected waste
was sent to an alternate management facility or returned to the
generator.
These thresholds parallel the manifest discrepancy requirements in
40 CFR 265.72(a) through (b) for significant differences in waste
quantity received and significant differences in waste type. For
domestic shipments, receiving facilities must document and report
discrepancies but are not required to reject the waste. For foreign
shipments, the process begins similarly, discrepancies must be
documented and reported to the country of import and the exporter under
the country of import's regulations, and additionally to EPA if the
waste is rejected in full or in part. Whether the shipment is rejected
in full or in part depends on the importing country's consent and
applicable international agreements (e.g., OECD multilateral waste
agreement). If the discrepancy results in the shipment being
inconsistent with the waste type authorized for import, then the
foreign facility cannot accept the waste, and the rejected portion must
be shipped to an alternate authorized facility in the country of
import, the U.S., or a third country, or returned to the U.S.
generator.
Additionally, exporters meet the record retention requirements
under 40 CFR 265.71(a)(2)(vi) by submitting manifests to the e-Manifest
system, where the documents are automatically stored in their
registered accounts. As a result, the proposed clarification on
recordkeeping does not create new obligations but simply reaffirms the
compliance practices already in place.
Second, EPA proposes removing the manifest provision in 40 CFR
262.83(c)(3) and reserving it for future use and adding paragraph
(c)(5). To track the transportation of an export shipment to a U.S.
seaport for loading onto an international carrier or to a U.S. road or
rail port of exit, this current provision requires an exporter to
obtain and use a paper manifest from a source that is registered and
approved by EPA to print the manifest. However, this requirement is
duplicative because it is already addressed in 40 CFR 262.21(g)(1)
which is incorporated by reference in the introductory text of 40 CFR
262.83(c). Additionally, considering EPA's proposal to sunset paper
manifests, EPA believes removal of this requirement would mitigate any
confusion that waste handlers must continue to comply with these
requirements when paper-based manifest tracking ends on the paper
sunset date.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
b. Hazardous Waste Import Regulations
EPA is proposing two changes to the hazardous waste import
requirements regulations to align with the broader transition to
electronic manifesting. First, EPA is proposing conforming revisions
consistent with those discussed above for hazardous waste exporters.
Specifically, EPA proposes to revise 40 CFR 262.84(c) to: (1) clarify
that hazardous waste importers must register with and use EPA's e-
Manifest

[[Page 10873]]

system, and (2) incorporate by reference all manifest requirements
under 40 CFR part 262, subpart B, to confirm that import shipments are
subject to the same manifest standards as domestic hazardous waste
shipments. Under current e-Manifest provisions, hazardous waste
importers are already required to maintain active accounts in the EPA's
e-Manifest system to access signed and dated manifests and to submit
data corrections electronically. Importers also satisfy the record
retention requirements under 40 CFR 262.40 when the designated
receiving facility uploads the manifest to the system, and it is
delivered to the importer's registered account. These proposed
revisions to 40 CFR 262.84(c) codify existing operational expectations
and do not impose new administrative burdens.
Consistent with the exporter's requirements mentioned above,
hazardous waste importers are subject to the LQG and SQG requirements
under 40 CFR part 262, subpart B. Current manifest provisions require
importers to comply with 40 CFR 262.20 to track hazardous waste. Thus,
EPA is revising 40 CFR 262.84(c)(1) to clarify that hazardous waste
importers must comply with all manifest requirements of 40 CFR 262.20
through 262.25 except that the importer or the importer's agent must
sign and date the certification and obtain the signature of the initial
transporter. Additionally, EPA proposes to remove 40 CFR 262.84(c)(2)
and reserve the paragraph. This provision currently requires importers
to obtain a paper manifest from an EPA-registered printer. In light of
EPA's broader efforts to phase out paper manifest tracking and
transition to exclusive use of electronic manifests, the importers
would no longer be able to obtain paper manifests from registered
printing sources. If finalized, this proposed change would go into
effect upon the paper sunset date. Other proposed changes described in
this preamble section would go into effect upon the effective date of
the final rule. EPA requests comment on these proposed changes.
c. Technical Corrections to the Hazardous Waste Import and Export
Requirements
EPA is proposing four technical corrections to the import and
export requirements. First, EPA is proposing revisions to 40 CFR
261.41(a)(2) and 262.82(e)(1) and (2) to reflect the updated
organizational name and correct mail code for the International Waste
Branch.
Second, EPA is proposing revisions to 40 CFR 262.83(a)(6) 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 can no longer apply and are thus
obsolete.
Third, EPA is proposing revisions to the introductory text in 40
CFR 262.83(c)(4) to correct ``final domestic transporter'' to ``last
transporter'' as the last transporter to carry the shipment to or
across the U.S. port of exit could be a foreign transporter.
Lastly, EPA is proposing revisions to 40 CFR 262.84(b)(1) to
reflect that all U.S. importer-submitted import notices are submitted
electronically using the Waste Import Export Tracking System (WIETS)
application in RCRAInfo at this time. Electronic import notices have
made EPA's processing more efficient and allow importers and receiving
facilities to store and download EPA Acknowledgement of Consent (AOC)
letters and import consent documentation within WIETS rather than
keeping paper copies for recordkeeping on site.
EPA requests comment on these proposed changes.
7. Additional Changes to Transporter Regulations
EPA is proposing to amend paragraph 40 CFR 263.20(a)(1) to reflect
the proposed changes to the definition of manifest. This proposed
amendment conforms with the proposed change to the definition of
manifest and aligns this regulatory provision with the way the EPA's e-
Manifest system is implemented in practice. Following the paper sunset
date, all references to EPA Forms 8700-22 and 8700-22A in this section
will apply exclusively to electronic manifests.
Consistent with the proposed changes to the hazardous waste
generator regulations discussed in preamble section II.E., EPA proposes
to amend Sec. 263.20(a)(6). This paragraph outlines the replacement
manifest procedures that hazardous waste transporters must follow if
the e-Manifest system becomes unavailable.
If finalized, the proposed changes described in this preamble
section would go into effect upon the effective date of the final rule.
EPA requests comments on these proposed changes.
8. Additional Changes to TSDF Regulations
EPA is proposing additional changes to the manifest provisions in
40 CFR 264.70(b), 265.70(b) and 264.71(a)(1), 265.71(a)(1),
267.71(a)(1) and (2), 264.71(j)(1), 265.71(j)(1), and 264.1311,
265.1311 and adding a new provision, 40 CFR 264.71(a)(2)(iv), and
265.71(a)(2)(iv).
a. Proposed Changes to 40 CFR 264.70(b), 265.70(b), 264.71(a)(1),
265.71(a)(1), 267.71 (a)(1) and (a)(2), and 761.213
EPA is proposing to remove and reserve paragraphs (b) from 40
CFR264.70 and 265.70. These provisions were added in 2005 to explain
that the revised manifest form and related procedures would not take
effect until September 5, 2006. That date has long passed, and the
manifest system has been updated several times since then, including
through the development of the national e-Manifest system. The
effective date language no longer serves any purpose and can be removed
to improve clarity.
EPA is proposing conforming revisions to 40 CFR 264.71(a)(1),
265.71(a)(1), 267.71 (a)(1) to clarify that receiving facilities must
register with and use the EPA's e-Manifest system for manifest
submissions, data corrections, and record retention. These revisions
are intended to codify existing requirements that facilities must
perform to comply with existing e-Manifest regulations and reinforce
the electronic manifest workflow established under prior e-Manifest
rulemakings. Under current regulations, receiving facilities are
already required to submit completed manifests, whether initiated
electronically or on paper, to the EPA's e-Manifest system, and to make
any necessary data corrections electronically (see additional revisions
for facilities operating under standardized permits under this preamble
section II.E.10). Both obligations require facilities to maintain
active accounts within the e-Manifest system, effectively mandating
registration. Additionally, receiving facilities satisfy the record
retention requirements under 40 CFR 264.71 (a)(2)(vi), 265.71(a)(2)(vi)
and 267.71(a)(5) when they submit manifests to the system and those
manifests are delivered to their registered accounts. Therefore, the
recordkeeping clarification proposed in this rule does not impose any
new administrative burden but rather confirms existing compliance
expectations.
EPA is proposing to amend the manifest requirements under 40 CFR
264.71(a)(2)(iv) and 265.71(a)(2)(iv), which are currently reserved, by
adding a new provision to improve transparency and data accessibility
in

[[Page 10874]]

the e-Manifest system when brokers are involved in hazardous waste
shipments. As discussed in this preamble section II.E.2, EPA proposes
to require that the generator enters, or ensures that some other entity
associated with the shipment enters on the generator's behalf, a
standardized statement in Item 14 when a broker prepares the manifest
or arranges the shipment on behalf of the generator.
Under the proposed amendments, 40 CFR264.71(a)(2)(iv) and
265.71(a)(2)(iv) would also require the designated receiving facility
to ensure that the broker's information is entered into the e-Manifest
system at the time the manifest is submitted. Specifically, EPA
proposes to require receiving facilities to report broker information
when submitting manifest data to ensure this key role is consistently
documented. Between the effective date of the final rule and the paper
sunset date, when use of paper manifests would still be allowed,
receiving facilities are in the best position to report broker
information from Item 14 given they are the entities responsible for
submitting paper manifests to the e-Manifest system. Furthermore, EPA
anticipates that many generators will use hybrid manifests after the
paper sunset, meaning they will sign printed copies of electronic
manifests by hand and may not originate or sign manifests
electronically in the system. Additionally, paper replacement manifests
may still be used during system outages. However, when a fully
electronic manifest is used and the broker's information is entered
during manifest preparation, the receiving facility would not need to
retrieve or re-enter that information, and the requirement would be
considered satisfied. To ensure broker data is consistently captured
across all manifest formats, EPA is proposing that receiving facilities
report this information when submitting manifest data.
Similarly, EPA is also proposing provisions under the requirements
for owners and operators of hazardous waste facilities operating under
a standardized permit and for commercial storers and disposers of PCB
wastes. Specifically, EPA proposes to revise the existing requirement
at 40 CFR 267.71(a)(4) and add a new requirement, 40 CFR
761.213(a)(2)(vi), for hazardous waste and PCB waste shipments to
require that these entities ensure that the broker's information is
entered into the e-Manifest system at the time the manifest is
submitted.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes and the proposed manifest instruction for Item 14.
b. Proposed Changes to 40 CFR 264/265.71(j)(1)
Sections 264.71(j)(1) and 265.71(j)(1) alert receiving facilities
to their fee obligations, which are outlined in 40 CFR 264.1311 and
265.1311. EPA proposes to remove the terms ``electronic'' and ``paper''
from 40 CFR 264.71(j)(1) and 265.71(j)(1) to align with EPA's proposed
sunset of paper manifests in lieu of electronic manifests. As EPA plans
to sunset paper manifests and revise the fee provisions to reflect that
shift, references to specific submission types are no longer necessary
and would be removed for consistency. Sections 264.1311 and 265.1311
currently: (a) establish per-manifest fees for electronic and paper
submissions; (b) permit receiving facilities to upload image files of
completed paper manifests; and (c) allow submission of data files and
image files representing paper manifests. Under the proposed revisions,
EPA would add new paragraphs (a)(4), (b)(3), and (c)(4) to eliminate
paper manifests as acceptable submission formats beginning on the paper
sunset date, except in limited situations if the e-Manifest system is
unavailable. In such cases, receiving facilities would be permitted to
submit paper replacement manifests to the EPA's e-Manifest system and
would remain subject to the applicable per-manifest fee.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
c. Additional Proposed Changes to 40 CFR 264.72 and 265.72
In addition to the proposed changes described in this preamble
section II.E.5.b, EPA is proposing changes to the existing requirements
at 40 CFR 264.72(g) and 265.72(g). Under existing 40 CFR 264.72(g) and
265.72(g), a permitted or interim status facility that rejects a
hazardous waste shipment, either in full or in part, or identifies a
residue, and forwards the waste to an alternate facility, or returns it
to the generator of the waste, must:
[ssquf] Amend the original manifest to reflect the new destination.
[ssquf] Re-sign the manifest to certify the changes;
[ssquf] Send copies of the amended manifest to the generator of the
waste and the transporter who brought the waste to the facility; and
[ssquf] Submit the amended manifest to the EPA's e-Manifest system
within 30 days of forwarding the shipment.
These steps ensure that all parties are informed of the change in
destination and that data collected in the EPA's e-Manifest system is
an accurate record of the waste's movement and final disposition. In
light of the proposed changes to sunset paper manifests and require
mandatory e-Manifest registration for entities required to manifest,
EPA proposes to amend 40 CFR 264.72(g) and 265.72(g) to require that
such facilities follow the existing post-receipt manifest data
correction procedures at 40 CFR 264.71(l) and 265.71(l) to correct
their manifest information. Such corrections are completed
electronically via the EPA's e-Manifest system and are transmitted to
all parties involved with the shipment once the receiving facility
submits the manifest corrections electronically to the system.
If finalized, the proposed changes described in this preamble
section would go into effect upon the effective date of the final rule.
EPA requests comment on these proposed changes.
9. Additional Changes Under 40 CFR Part 266, Subpart P
EPA is proposing conforming changes to the exception reporting
requirements for healthcare facilities and reverse distributors under
40 CFR 266.502(i)(2) and 266.510(c)(9)(ii), respectively. These
provisions currently require healthcare facilities to submit an
exception report to the appropriate EPA Regional Administrator if they
do not receive a signed manifest from the designated facility within 60
calendar days of the hazardous waste pharmaceuticals being accepted by
the initial transporter, and reverse distributors to do so within 45
calendar days. The proposed changes would align these requirements with
those requirements finalized for LQGs and SQGs in the e-Manifest Third
Final Rule, which mandates electronic submission of exception reports
via the EPA's e-Manifest system rather than by postal mail. For LQGs,
the regulations require two actions: (1) contacting the transporter or
receiving facility if a signed manifest is not received within 45
calendar days, and (2) submitting an electronic exception report to the
EPA e-Manifest system if the signed manifest is still not received
within 60 calendar days. SQGs must submit an electronic exception
report if they have not received a signed manifest within 60 calendar
days of shipment. Under the proposed changes to 40 CFR 266.502(i)(2)
and 266.510(c)(9)(ii),

[[Page 10875]]

healthcare facilities would follow the SQG timeline and process, while
reverse distributors would follow the LQG requirements.
EPA is also proposing conforming revisions to Sec. 266.509, which
governs the tracking requirements for shipments of potentially
creditable hazardous waste pharmaceuticals from healthcare facilities
and reverse distributors to a reverse distributor. Under the existing
40 CFR part 266 subpart P regulation, these shipments are not subject
to the hazardous waste manifest requirements; instead, the regulation
replaces the manifest form and procedures with the use of a DOT
shipping paper and a requirement for confirmation of receipt upon
delivery. The receiving reverse distributor must provide confirmation
of delivery to the healthcare facility or reverse distributor that
initiated the shipment, and the shipper must follow up if that
confirmation is not received. EPA is also proposing to amend 40 CFR
266.509(c) to extend this follow up period from 35 days to 45 calendar
days to conform with analogous changes made to exception reporting as
part of the 2024 Manifest Third Rule, and to provide additional
flexibility while maintaining appropriate oversight of shipment
tracking.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA is requesting comment on these
proposed changes.
10. Additional Proposed Changes to 40 CFR Part 267
EPA is proposing conforming changes to the manifest and discrepancy
reporting requirement at 40 CFR 267.71 and 267.72, respectively. EPA is
requesting comment on the proposed changes, described below.
a. Addition of Post-Receipt Manifest Data Correction Procedures
EPA established post-receipt manifest data correction requirements
in the e-Manifest One Year Rule and later updated them in the Third
Final Rule. These provisions enable entities listed on a hazardous
waste manifest to electronically submit corrections to post-receipt
data, including the manifest tracking number, corrected item numbers,
original and revised data, and a certified statement with a valid
electronic signature. Corrections may be submitted voluntarily at any
time; however, if requested by EPA or authorized state, they must be
completed within 30 days.
EPA inadvertently omitted equivalent manifest correction
requirements under 40 CFR 267.71 for owners and operators of hazardous
waste facilities operating under a standardized permit. To address this
oversight, EPA is proposing to amend 40 CFR 267.71 to clarify that
these facilities are also obligated to correct manifest data errors
upon EPA or authorized state request. Specifically, EPA proposes to add
the post-receipt manifest data procedures at 40 CFR 267.71(a)(8).
b. Proposed Revisions to Discrepancy Reporting Requirements
The discrepancy reporting provisions in 40 CFR 267.72 currently
require owners and operators of hazardous waste facilities operating
under a standardized permit to identify and resolve any significant
discrepancies, as defined in 40 CFR 267.72(a) between the quantity or
type of hazardous waste listed on the manifest than what was received
within 15 days of receipt of the shipment from the delivering
transporter. If the discrepancies cannot be reconciled, the facility
must submit a written report to the appropriate EPA Regional
Administrator, detailing the discrepancy, reconciliation efforts, and
attaching a copy of the accompanying manifest.
The proposed changes would align with the requirements finalized
for permitted and interim status facilities under 40 CFR 264.72 and
265.72 in the e-Manifest Third Final Rule which mandates electronic
submission of exception reports through the EPA's e-Manifest system
rather than by postal mail. While the discrepancy reporting
requirements in 40 CFR 267.72 are similar, they differ in reporting
period. Permitted and interim status facilities have 20 calendar days
to resolve discrepancies before reporting, while facilities operating
under a standardized permit currently have 15 calendar days.
Additionally, 40 CFR 264.72 and 265.72 include provisions for the
electronic submission of discrepancy reports, which are not yet
reflected in 40 CFR 267.72. Under the proposed revisions, standardized
permit facilities would conform to both the 20-day reporting timeline
and the electronic submission process consistent with the requirements
for permitted and interim status facilities.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
11. Additional Changes to 40 CFR 761.66, 761.180, 761.202, 761.205,
761.208, 761.214, 761.217, 761.218, and 761.219
To align with the registration and recordkeeping requirements under
consideration in this proposed rule, EPA is proposing conforming
changes to the PCB regulations under 40 CFR part 761 at 40 CFR 761.66,
761.180, and subpart K. EPA requests comment on these proposed changes,
as described below.
a. Annual Records
EPA is proposing changes to the annual recordkeeping requirements
at 40 CFR 761.180(a) and (b). Currently, owners and operators of
facilities using or storing certain PCBs and PCB Items and facilities
used for commercial storage and disposal of PCBs and PCB Items must
maintain annual records (including signed manifests, certificates of
disposal, and inspection and cleanup records) at their facilities for
at least three years (or for landfills, 20 years) after the facility
ceases relevant PCB operations. The annual records also must be made
available for inspection at the facility. To align this provision with
the proposed changes to the manifest recordkeeping requirements
discussed in section II.D.2.d of this, EPA is making conforming changes
to paragraphs (a) and (b) to clarify that the signed manifests portion
of the annual records may be maintained electronically in EPA's e-
Manifest system.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
b. EPA IDs
Under existing regulations, PCB waste generators must prepare a
manifest before transporting waste off site for commercial storage or
disposal (40 CFR 761.207(a)). Currently, only PCB waste generators who
own or operate PCB storage facilities subject to 40 CFR 761.65(b) or
(c)(7) are required to notify EPA of their PCB waste activities and
obtain an EPA identification number under 40 CFR 761.205(c)(2). This
has created a subset of manifesting generators who are exempt from
requirements to notify and obtain an identification number from EPA and
therefore unable to register with the e-Manifest system, which requires
a valid EPA identification number. As described above in section
II.D.2.b of this preamble, EPA is proposing to require PCB waste
generators who are currently exempt (i.e., those who do not own or
operate PCB storage facilities subject to the storage requirements of
40 CFR 761.65(b) or (c)(7)) to notify EPA and obtain a TSCA-issued EPA
ID to register with the e--Manifest system.
EPA is proposing to amend 40 CFR 761.202(a) to provide that
generators of PCB waste who are currently exempted from notifying EPA
because their PCB

[[Page 10876]]

waste activities are not described under 40 CFR 761.205(c)(2) must
obtain an EPA identification number using the notification procedures
and form described in 40 CFR 761.205(a)(2) no later than the paper
sunset date. EPA is proposing to revise 40 CFR 761.205(a)(2) to require
that these currently exempt generators must submit EPA Form 7710-53 by
the paper sunset date in order to comply with the proposed e-Manifest
registration requirement, and to make additional conforming changes to
that paragraph as described below in this section. EPA is also
proposing to revise 40 CFR 761.202(b)(1)(i) to provide that currently
exempted generators of PCB waste may use the generic EPA identification
number ``40 CFR PART 761'' only until the paper sunset date, or until
they have obtained a unique EPA identification number, whichever occurs
first. EPA is proposing to remove the generic identification number
because it is incompatible with the e-Manifest system. In particular,
40 CFR 761.202(a) would be amended to state that generators of PCB
waste who are exempted from notifying EPA under 40 CFR 761.205(c)(1)
must notify EPA using the notification procedures and form described in
40 CFR 761.205 no later than the paper sunset date to obtain an EPA
identification number. EPA proposes conforming changes to 40 CFR
761.205(c)(1), which exempts certain generators of PCB waste from
notification requirements, to provide that generators currently exempt
under this paragraph must notify EPA no later than the paper sunset
date. Prior to the paper sunset date, generators exempted from
notifying EPA under 40 CFR 761.205(c)(1) would be able to continue to
use the generic identification number ``40 CFR PART 761'' on the
manifests, records, and reports which they prepare under this subpart,
unless such generators have a unique EPA identification number
previously assigned to them under RCRA by EPA or a State, or an EPA
identification number already assigned to them under TSCA by EPA. No
later than the paper sunset date, these generators would have to comply
with the applicable notification provisions in Sec. 761.202(a).
EPA is also proposing to remove and reserve 40 CFR 761.205(b),
which required PCB waste handlers who had already notified EPA or
states of their hazardous waste activities under RCRA to submit EPA
Form 7710-53 by April 4, 1990, to notify EPA of their PCB waste
activities and authorize use of their existing EPA identification
number for PCB oversight. This one-time requirement is obsolete because
EPA believes that affected entities have already complied with the 1990
deadline.
EPA also proposes to revise 40 CFR 761.66(f), Emergency Situations,
to eliminate the provision allowing use of the generic ID ``40 CFR PART
761'' in lieu of an EPA ID on manifests for PCB waste in emergency
situations while facilities wait for their identification number to be
assigned. EPA believes ID issuance is no longer a time-consuming
exercise due to automation of the process, such that facilities' use of
the generic ID is not expected to be necessary.
In addition, EPA is proposing amendments to 40 CFR 761.180(a), (b),
and (b)(3), 761.202(b), (c), and (d), 761.205(a)(1), (a)(2), (a)(3),
(c)(2)(i) and (c)(2)(ii) to eliminate outdated language and
applicability and compliance dates related to PCB waste management
activities. The dates established in 40 CFR 761.202 and 761.205,
including: June 4, 1990 (40 CFR 761.202(b)); February 5, 1990 (40 CFR
761.202(c) and (d); 761.205(a)(1) and (2); 761.205(c)(2)(ii)); and
April 4, 1990 (40 CFR 761.205(a)(1), (b), and (c)(2)(i)), were intended
to differentiate between legacy operations and new entrants to the
regulated community. Similarly, the recordkeeping and reporting
requirements in 40 CFR 761.180(a), (b), and (b)(3), including the
February 5, 1990, start date and the July 15, 1991, first reporting
deadline, were designed to establish a baseline for annual
documentation and reporting. These dates served as regulatory
thresholds, determining whether facilities were subject to immediate
notification and identification requirements or qualified for
transitional provisions. This approach allowed EPA to bring existing
PCB waste handlers into compliance while ensuring that any new PCB
waste activities initiated after those dates were fully integrated into
the regulatory framework from the outset.
After more than three decades, EPA believes the transitional need
for these provisions has passed. Continued reliance on the generic code
is unnecessary and incompatible with the e-Manifest system for tracking
purposes, including in emergency situations under 40 CFR 761.66(f),
where EPA proposes to eliminate the allowance for generic IDs. The
regulated community has had ample time to comply, and the vast majority
of PCB waste handlers now possess valid EPA IDs issued under TSCA or
RCRA programs. Likewise, the historical references to initial reporting
periods in 40 CFR 761.180(a), (b), and (b)(3) no longer serve a
regulatory function and are outdated. To preserve the reporting cycle
and enforcement clarity without anchoring the requirements to obsolete
dates, EPA is proposing to revise the language in paragraphs (a) and
(b) to reflect ongoing obligations tied to calendar year cycles rather
than historical start dates. In paragraph (b)(3), EPA is proposing to
remove references to the July 15, 1991, submission date and the
February 5 to December 31, 1990, reporting period, while retaining the
requirement for annual reports to be submitted by July 15 of each year
for the preceding calendar year.
If finalized, these proposed changes generally would go into effect
upon the effective date of the final rule. However, under this proposed
rulemaking, generators of PCB waste who are currently exempt from the
notification and EPA ID assignment requirements per 40 CFR
761.205(c)(1) may continue to use the generic identification number
until the paper sunset date or until they have obtained a unique EPA
identification number, whichever occurs first. No later than that date,
they must obtain a unique EPA identification number to register with
the e-Manifest system. EPA requests comment on these proposed changes.
c. Changes to Reporting Requirements
In addition to the proposed changes to 40 CFR 761.180(b)(3)
discussed in the above section, EPA is further amending paragraph
(b)(3) to remove language that suggests submissions of PCB annual
reports should be sent to a physical address, and paragraph (b)(3)(vii)
to correct that annual report submissions shall be made to the Director
of the Office of Resource Conservation and Recovery instead of the
Regional Administrator. The Agency is also revising the definition of
Director, Office Resource Conservation and Recovery at 40 CFR 761.3 to
add flexibility for other types of submissions besides postal mail to
one address. For example, form instructions may require submission to a
different postal address, a web address, or to an electronic reporting
system, as applicable. Conforming changes were made to 40 CFR
761.205(a)(3) to harmonize the submission language for the PCB annual
reports and the notification of PCB activity forms. EPA believes these
changes improve consistency and provide flexibility for alternative
submissions of PCB forms.
12. Electronic Manifests
In addition to the proposed revisions to 40 CFR 761.207(g)
described in this preamble sections II.B and II.D.1, including the
sunset of paper manifests,

[[Page 10877]]

removal of terms such as ``handwritten'' and ``by hand,'' and deletion
of references stating that electronic manifests are the ``legal
equivalent'' of paper forms, EPA is proposing three amendments to 40
CFR 761.207(g)(2)(iii), (iv), and (v). These provisions, originally
established in EPA's 2014 One Year Rule, apply to all PCB waste
handlers required to use a manifest for transporting PCB waste.
Currently, PCB waste transporters, commercial storers, and disposers
registered with and maintaining access to e-Manifest through a handler
account: (1) must meet record retention requirements by accessing
manifest records through the e-Manifest system; and (2) are not held
liable for failing to produce manifests during inspection if the
failure is solely due to a technical issue with the e-Manifest system
beyond their control. However, 40 CFR 761.207(g)(2)(iii) and (iv)
currently reference only PCB waste generators. EPA is therefore
proposing conforming changes to these provisions to clarify that
transporters, storers, and disposers may also use electronic manifests
to track PCB waste shipments.
To support the proposed delayed compliance date for the mandatory
registration requirement discussed in the preamble, EPA is proposing
amendments to 40 CFR 761.207(g)(2)(v). These amendments would clarify
that both PCB waste generators and transporters who are not registered
with the EPA's e-Manifest system must arrange with interested persons
listed on the manifest (e.g., commercial storers or disposers) to
electronically submit manifest data corrections on their behalf within
30 days of the correction request. Currently, this requirement applies
only to unregistered generators.
To align the registration requirement with the paper sunset date,
the proposed changes would explicitly extend this obligation to
unregistered transporters. This clarification aims to eliminate
ambiguity about whether PCB waste generators and transporters must
register with the EPA's e-Manifest system by the paper sunset date in
order to fulfill their obligation to submit corrections to post-receipt
data within 30 days of a request by an authorized state or EPA.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
13. Registered Printers and e-Manifest Registration
EPA is proposing to amend 40 CFR 761.208 by revising existing
paragraph (a)(1), adding new paragraph (a)(3), and revising existing
paragraph (b).
a. Registered Printers
Similar to the hazardous waste generator requirements for obtaining
manifests under 40 CFR 262.21(g)(1), PCB waste generators currently may
obtain and use paper manifests from any source, so long as the source
of the printed form is registered with EPA to print the paper manifest
forms. As explained in this preamble section II.E.3, beginning on the
paper sunset date, hazardous waste generators would no longer be
allowed to obtain paper manifest forms from registered sources or use
them for manifest tracking. In addition, registered printers would no
longer produce these forms for use. EPA is proposing corresponding
changes to 40 CFR 761.208(a)(1) and (a)(2) for PCB waste generators.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.
b. PCB Waste Handler Registration
As explained in this preamble section II.D.2.a, EPA is proposing
changes to 40 CFR 761.208(b) to require all PCB waste handlers subject
to manifesting during transportation to register with the EPA's e-
Manifest system in order to meet existing obligations for electronic
reporting, data corrections, and recordkeeping. PCB waste generators
and transporters would be newly subject to this registration
requirement but would have additional time to comply before paper
manifests are phased out. Commercial storers and disposers of PCB waste
are not expected to be impacted, as they have been actively using the
system since its launch in 2018.
Under current regulations, commercial storage and disposal
facilities of PCB waste are already required to submit completed
manifests, whether initiated electronically or on paper, to the EPA's
e-Manifest system, and to make any necessary data corrections
electronically. Both obligations require facilities to maintain active
accounts within the e-Manifest system, effectively mandating
registration. Additionally, receiving facilities satisfy the record
retention requirements under Sec. 761.180 when they submit manifests
to the system and those manifests are delivered to their registered
accounts. Thus, the proposal to require that these entities register
with the EPA's e-Manifest-system simply formalizes what they are
already doing and supports the shift to fully electronic tracking.
EPA is requesting comment on these proposed changes.
14. TSCA Exception, Discrepancy, and Unmanifested Waste Reporting
EPA is proposing both new and conforming changes to the exception,
discrepancy, and unmanifested waste reporting requirements under 40 CFR
part 761 for PCB wastes. These changes are intended to support the
transition to electronic reporting under the July 2024 e-Manifest Third
Rule, clarify EPA's original intent, and ensure consistency across
hazardous waste and TSCA PCB waste programs. The proposed amendments
include a new requirement for PCB waste generator registration and
electronic Exception Report submission, as well as conforming updates
to discrepancy and unmanifested waste reporting provisions for
receiving facilities.
a. Exception Reporting
As discussed in this preamble section II.D.2.a, EPA is proposing to
require that PCB waste generators register with the EPA e-Manifest
system. If finalized, the registration requirement would mandate that
all generators and transporters of PCB waste register with the e-
Manifest system by the paper sunset date. Prior to that date, PCB waste
generators may continue to submit written Exception Reports to the
appropriate EPA Regional Administrator. However, beginning on the paper
sunset date, PCB waste generators would be required to submit
electronic Exception Reports to the e-Manifest system and maintain
those electronic reports in their registered accounts within the EPA
national e-Manifest system. Accordingly, EPA is proposing to revise
paragraph 40 CFR 761.217(c) to require that PCB waste generators submit
electronic Exception Reports to the e-Manifest system beginning on the
paper sunset date, or once they have obtained a unique EPA
identification number, whichever occurs first, in lieu of submitting
them to the appropriate EPA Regional Administrator. Prior to the paper
sunset date, PCB waste generators that have not obtained an EPA
identification number may continue to submit written Exception Reports
to the appropriate EPA Regional Administrator and must maintain each
written Exception Report onsite for three years, consistent with 40 CFR
761.214(d). Once a PCB waste generator has obtained an EPA
identification number, the generator must submit each Exception Report
electronically through the EPA e-Manifest system and maintain those
reports in the generator's registered e-Manifest-account, even before
the paper

[[Page 10878]]

sunset date. For electronic Exception Reports, all availability and
recordkeeping obligations set forth in 40 CFR 761.214 are inherently
satisfied by housing the electronic reports in the e-Manifest system.
Beginning on the paper sunset date, all PCB waste generators must
submit electronic Exception Reports to the e-Manifest system and
maintain those reports in their registered e-Manifest accounts.
EPA is requesting comment on these proposed changes.
b. Discrepancy Reporting
EPA is proposing conforming changes to the discrepancy reporting
requirements for TSCA PCB wastes to align with the electronic reporting
framework established in the e-Manifest Third Rule. Specifically, EPA
is proposing to delete and reserve 40 CFR 761.215(c)(1). As explained
in preamble section II.E.5.b, paper-based discrepancy reporting is no
longer allowed as of December 1, 2025. Facilities must comply with 40
CFR 761.215(c)(2), which mandates the use of electronic discrepancy
reporting through the EPA's e-Manifest system. Additionally, EPA
proposes to amend 40 CFR 761.215(e)(6) to extend the removal of the
final copy transmittal requirement to designated alternate facilities
managing full and partial load rejections. EPA intended to include this
change in the e-Manifest Third Rule, which established that receiving
facilities are only required to submit completed manifest copies to the
e-Manifest system. EPA is proposing additional amendments in 40 CFR
761.215 to clarify that electronic recordkeeping also applies to
electronic discrepancy reporting.
To further support electronic reporting, EPA is proposing to:
[ssquf] Add new paragraph 40 CFR 761.215(c)(3) to specify that
commercial storers and disposers satisfy record retention obligations
by accessing official Discrepancy Report records through the system and
are not liable for failing to produce these reports during inspections
if the failure is solely due to a technical issue with the e-Manifest
system beyond their control.
[ssquf] Add new paragraph 40 CFR 761.215(c)(4) to provide that
commercial storers and disposers of PCB wastes would not be held liable
for failing to produce electronic Discrepancy Reports during
inspections if the failure is solely due to a technical issue with the
e-Manifest system beyond their control.
[ssquf] Amend 40 CFR 761.215(f)(8) to extend the electronic
exception reporting requirements (40 CFR 761.217(c)) to commercial
storers and disposers of PCB wastes that must prepare Exception Reports
for full or partial load shipments that must be forwarded to an
alternate facility or returned to the generator. EPA proposes to amend
this provision by clarifying that these facilities must comply with the
electronic Exception Reports under 40 CFR 761.217(a)(1) and (c) in lieu
of the written report provision under 40 CFR 761.217(a)(2).
These changes would align the requirements with the Third Rule's
intent and current electronic reporting practices. If finalized, these
proposed changes would go into effect upon the effective date of the
final rule. EPA is requesting comment on these proposed changes.
To align with the proposal to delay compliance with the mandatory
registration requirements for generators and transporters of PCB waste
discussed in this preamble section II.D.2.a, EPA is proposing to modify
the current requirement at 40 CFR 761.215(g). Under the current
requirement, facilities that reject a waste shipment after signing,
dating, and returning a copy of the manifest to the delivering
transporter or generator must initiate a new manifest to document the
rejection. The facility must complete the new manifest and send copies
to the appropriate parties, while also maintaining records of both the
original and new manifests in accordance with paper-based transmittal
and recordkeeping procedures.
To support the transition to electronic manifesting, EPA is
proposing to sunset the paper-based data correction, transmittal and
recordkeeping requirements specified in this section. Effective on the
paper sunset date, facilities would no longer be required to comply
with the paper manifest procedures outlined in this paragraph. Instead,
facilities would adhere to the electronic manifest data correction
procedures. Specifically, if a facility rejects a waste after having
signed, dated, and returned a copy of the manifest to the delivering
transporter or generator, it will follow the post-receipt manifest data
correction procedures described in 40 CFR 264.71(l). This would include
noting the rejection in the discrepancy space of the manifest and
recording the manifest tracking number from Item 4 of the new manifest
in the discrepancy space of the amended manifest.
EPA is requesting comment on these proposed changes.
c. Unmanifested Waste Reporting
EPA is proposing conforming changes to the unmanifested waste
reporting requirements for TSCA PCB wastes to reflect the transition to
electronic reporting. Specifically, EPA proposes to remove and reserve
40 CFR 761.216(a), which references written unmanifested waste
reporting. This provision is now obsolete due to the establishment of
electronic reporting protocols under the e-Manifest Third Rule.
To further support electronic reporting and ensure consistency with
other waste programs, EPA is also proposing to add new paragraph 40 CFR
761.216(c) to specify that commercial storers and disposers satisfy
record retention obligations by accessing official Unmanifested Waste
Report records through the system and are not liable for failing to
produce these reports during inspections if the failure is solely due
to a technical issue with the e-Manifest system beyond their control.
(EPA inadvertently omitted electronic recordkeeping requirements for
electronic unmanifested waste reporting for commercial disposers and
storers and is proposing to amend 40 CFR 761.216 accordingly.) These
amendments reflect EPA's commitment to modernizing TSCA PCB waste
regulations, harmonizing reporting requirements across RCRA and TSCA
programs, and supporting the continued implementation of the e-Manifest
system.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA is requesting comment on these
proposed changes.
15. Retention of Manifest Records
In addition to the proposed changes to Sec. 761.214 described in
this preamble sections II.D.2.d and II.E.3, EPA proposes to add new
paragraphs 40 CFR 762.214(f) and (g) to clarify generator and
transporter liability protections when the e-Manifest system is
unavailable for producing manifests and exception reports during an
inspection. These proposed changes would not go into effect until the
paper sunset date.
This proposal aligns with the existing manifest and electronic
exception reporting regulations at 40 CFR 761.207(g)(2)(iv) and
761.217(c)(4) (redesignated as 761.217(c)(3)(iv) under this proposed
rule), which state that a generator may not be held liable for failing
to produce an electronic manifest or exception report during inspection
if the generator can demonstrate that the failure was due exclusively
to a technical difficulty with the e-Manifest

[[Page 10879]]

system, and that the generator was not responsible for the issue.
These proposed changes would not go into effect until the paper
sunset date because PCB waste generators and transporters would not be
required to comply with requirements to register with the e-Manifest
system until that date. As such, before the paper sunset date,
unregistered generators and transporters would be required to retain
any paper copies they obtain in executing waste shipments that involve
paper manifests for at least three years in accordance with the
existing recordkeeping requirements in 40 CFR 761.214(a) through (e) as
these paper copies, including written Exception Reports (40 CFR
761.214(d), will be viewed as their legal copies of record.
EPA requests comment on these proposed changes.
16. Certificates of Disposal and One-Year Exception Reporting
Under existing 40 CFR 761.218 and 761.219, electronic certificates
of disposal and one-year exception reports generated through EPA-
approved electronic systems are considered legally equivalent to their
paper counterparts bearing handwritten signatures. These electronic
documents fulfill all regulatory requirements for completion,
signature, provision, and retention. EPA is proposing revisions to
paragraphs (e) and (e)(1) of 40 CFR 761.218 and 761.219 to remove
references to their legal equivalency to written documents or reports.
This change aligns with broader updates to electronic manifests and
electronic manifest-related reporting provisions detailed in this rule
and aims to ensure consistency across all PCB waste reporting
obligations within the regulatory framework.
If finalized, these proposed changes would go into effect upon the
effective date of the final rule. EPA requests comment on these
proposed changes.

F. Proposed New Signature Option

EPA is considering establishing a new signature option to
supplement the electronic manifest workflow and provide flexibility to
users. The goal of this option is to make the electronic manifest
signature interaction as close to the paper handwritten signature
process as possible. Under this option, a user would not need to be
registered in order to sign or change the manifest. The printed
manifest shipping paper would contain information, including
instructions, a number to text to and a Quick Response (QR) code to
scan with a mobile device to access the manifest via a link. Per these
instructions, a user would interact with the system by texting this
number or scanning the QR code, then receiving a SMS or via a link to
sign and make changes to the manifest within the e-Manifest system.
Under this proposed option, the process to create the manifest
remains the same, whereby any registered user can create the initial
manifest in the e-Manifest system that contains the generator, initial
transporter, designated facility and draft waste information. This
manifest can be initiated directly in the e-Manifest system or from an
industry system and submitted to the e-Manifest system via API.
When the waste is ready to be shipped and the initial transporter
arrives at the generator site for pickup, the generator may review and
finalize the waste information on the printed manifest, such as
descriptions, containers, quantities and waste codes, and then would
sign the manifest using an existing signature option or this proposed
option which is further described below.
Below is the basic workflow for signing the manifest if there are
no changes to the manifest:
[ssquf] Registered user creates the initial manifest in the e-
Manifest system that contains the generator, initial transporter,
designated facility and draft waste information and prints a copy and
brings to the site.
[ssquf] User texts their EPA ID and Manifest Tracking Number (MTN)
to the e-Manifest system or scans a QR code (in accordance with
instructions on printed manifest).
[ssquf] System confirms manifest is eligible to be signed by
validating the user's combination of MTN and EPA ID.
[ssquf] System confirms that EPA ID number matches manifest and
responds with certification statements.
[cir] If the current signer is the generator, system sends
generator a Generator/Offeror certification.
[cir] If the current signer is the transporter, system sends
transporter(s) an Acknowledgement of Receipt.
[ssquf] System produces copy of a manifest (i.e., PDF or image)
with prompts to user to enter name for signature.
[ssquf] User enters and texts/communicates the name to the system.
[ssquf] System accepts the provided name as the signer of the
manifest and sets the current date as the date signed.
If there are changes to the manifest, the user scans the QR code
that appears on the printed manifest or accesses the link and provides
the MTN and EPA ID Number to obtain access. The user can make the
necessary changes and proceed with the signing process using the SMS
steps described above or complete the signature using the link where
they would see the appropriate certification statement and provide
their name to complete the signature.
The existing electronic signature workflow would remain in place
where each party signs the manifest when the waste changes custody.
Each party could elect to use an existing signature option, or the new
proposed signature option described above.
The SMS signature option would afford the same signature timing
flexibility as the remote signer policy. Currently a handler utilizing
the remote signer policy must execute an electronic signature to the
hazardous waste manifest within the earlier of either 24 hours from the
time that a handler's field personnel received the waste from the
preceding waste handler (i.e., generator or transporter) or before
transferring the waste to another handler (i.e., another transporter or
receiving facility). This flexibility would apply should there be a
lack of network or internet connectivity in the field to execute the
electronic signature after obtaining custody of the waste. If there is
a lack of connectivity at a generator site, the hybrid manifest could
be utilized, allowing the generator and initial transporter to sign a
printed copy of the electronic manifest and given to the generator to
meet their recordkeeping requirements. The transporter would then be
able to submit the generator signature information to the system and
electronically sign the manifest after obtaining connectivity following
departure from the generator site.

G. Summary of Proposed Changes to Manifest Regulations

The table below provides a summary of EPA's proposed changes for
specific waste handlers. This table does not include the technical
corrections to the hazardous waste import and export requirements
described in this preamble section II.E.6.c.

[[Page 10880]]

Table 1--Summary of EPA's Proposed Changes
------------------------------------------------------------------------
Proposed requirement CFR citation(s) Proposed amendment(s)
------------------------------------------------------------------------
Definitions................... Sec. 260.10.... Revise definitions
for electronic
manifest, manifest,
and user of e-
Manifest system.
------------------------------------------------------------------------
Large and Small Quantity Generators
------------------------------------------------------------------------
Sunset paper-based manifest Sec. Sec. Revise Sec.
tracking. 262.20, 262.21, 262.20(a)(1) and
and 262.24. (3), add
262.21(a)(3), and
revise 262.24(a).
Retain manifest records in e- Sec. Sec. Revise Sec.
Manifest system unless the 262.23, 262.24, 262.23(a) and
initial copy of hybrid 262.40. (f)(4), add Sec.
manifest. 262.24(c)(2), revise
Sec. 262.40(a),
(b), and (d).
------------------------------------------------------------------------
Other Proposed Changes to Part 262
------------------------------------------------------------------------
Removal of references to Sec. Sec. Revise Sec. Sec.
``handwritten'' signatures or 262.23, and 262.23(a), 262.24(a)
sign ``by hand''. 262.24. and (a)(1).
Report broker information in Sec. 262.23.... Add Sec.
Item 14 of manifest. 262.23(a)(3).
Replacement manifests......... Sec. 262.24.... Revise Sec.
262.24(e).
General and exception Sec. 262.42.... Reserve Sec.
reporting requirements. 262.42(a)(2), revise
262.42(a)(3)(i) and
(b).
------------------------------------------------------------------------
VSQG operating under 40 CFR part 262, subpart L
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 262.232... Add Sec.
tracking. 262.232(a)(8).
Register with e-Manifest...... Sec. 262.232... Revise Sec.
262.232(a)(3).
Submit data corrections within Sec. 262.232... Revise Sec.
30 days of request. 262.232(a)(3).
------------------------------------------------------------------------
Hazardous Waste Exporters
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 262.83.... Reserve Sec. 262.83
tracking. (c)(3) and add
(c)(5).
Register with e-Manifest and Sec. 262.83.... Revise Sec.
submit manifest data 262.83(c) and
corrections. (c)(4)(v).
------------------------------------------------------------------------
Hazardous Waste Importers
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 262.84.... Revise Sec.
tracking. 262.84(c) and (1),
reserve
262.84(c)(2), and
add 262.84(c)(5).
Register with e-Manifest...... Sec. 262.84.... Revise Sec.
262.84(c).
------------------------------------------------------------------------
RCRA Transporter
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 263.20.... Revise Sec.
tracking. 263.20(a)(4).
Register with e-Manifest...... Sec. 263.20.... Revise Sec.
263.20(a)(3).
Retain manifest records in e- Sec. 263.22.... Revise Sec.
Manifest system. 263.22(a), (c)(1)
and (2), and (d) and
add paragraphs (f)
and (g).
------------------------------------------------------------------------
Other Proposed Changes to Part 263
------------------------------------------------------------------------
Manifest requirement.......... Sec. 263.20.... Revise 263.20(a)(1).
Removal of references to Sec. 263.20.... Revise Sec.
``handwritten'' signatures or 263.20(a)(4) and
sign ``by hand''. (a)(4)(i),
263.20(a)(6)(iii),
263.20(d)(1),
263.20(e)(3),
263.20(f)(3)(i), and
263.20(f)(4)(i).
Replacement manifests......... Sec. 263.20.... Revise Sec.
263.20(a)(6)(i).
------------------------------------------------------------------------
Owners and operators of Permitted facilities (Part 264)
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 264.71.... Add Sec. Sec.
tracking. 264.71(a)(2)(v)(C),
264.1311(a)(4) and
(5), (b)(3), and
(c)(4).
Register with e-Manifest...... Sec. 264.71.... Revise Sec.
264.71(a)(1).
Retain manifest records in e- Sec. 264.71.... Revise Sec.
Manifest system. 264.71(a)(2)(vi) and
(b)(5).
------------------------------------------------------------------------
Other Proposed Changes to Part 264
------------------------------------------------------------------------
Removal of outdated effective Sec. Sec. Reserve Sec.
date of manifest form and 264.70 and 264.70(b) and revise
references to ``handwritten'' 264.71. Sec.
signatures or sign ``by 264.71(a)(2)(i),
hand''. 264.71(f) and (1),
and (h)(1).
Replacement manifests......... Sec. 264.71.... Sec. 264.71(h)(3)
and (4).
Removal the words Sec. 264.71.... Revise Sec.
``electronic'' and ``paper''. 264.71(j)(1).
Submit broker information to Sec. 264.71.... Add Sec.
e[dash]Manifest system. 264.71(a)(2)(iv).
Revise electronic discrepancy Sec. 264.72.... Reserve Sec.
reporting requirements. 264.72(c)(1), add
264.72(c)(3) and
(4), and revise
paragraphs (e)(6),
(f)(8), and (g).
Revise electronic unmanifested Sec. 264.76.... Reserve Sec.
waste reporting requirements. 264.76(a) and add
paragraph (c).
Revise definition of paper Sec. 264.1310.. Revise Sec.
submission submissions. 264.1310.
------------------------------------------------------------------------

[[Page 10881]]

Owners and operators of facilities with interim status (Part 265)
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 265.71.... Add Sec. Sec.
tracking. 265.71(a)(2)(v)(C),
265.1311(a)(4) and
(5), (b)(3), and
(c)(4).
Register with e-Manifest...... Sec. 265.71.... Revise Sec.
265.71(a)(1).
Retain manifest records in e- Sec. 265.71.... Revise Sec.
Manifest system. 265.71(a)(2)(vi) and
(b)(5).
------------------------------------------------------------------------
Other Proposed Changes to Part 265
------------------------------------------------------------------------
Removal of outdated effective Sec. Sec. Reserve Sec.
date of manifest form and 265.70 and 265.70(b) and revise
references to ``handwritten'' 265.71. Sec.
signatures or sign ``by 265.71(a)(2)(i), (f)
hand''. and (1), and (h)(1).
Replacement manifests......... Sec. 265.71.... Revise Sec.
265.71(h)(3) and
(4).
Removal the words Sec. 265.71.... Revise Sec.
``electronic'' and ``paper''. 265.71(j)(1).
Submit broker information to Sec. 265.71.... Add Sec.
e[dash]Manifest system. 265.71(a)(2)(iv).
Revise electronic discrepancy Sec. 265.72.... Reserve Sec.
reporting requirements. 265.72(c)(1), add
paragraphs (c)(3)
and (4), and revise
paragraphs (e)(6),
(f)(8), and (g).
Revise electronic unmanifested Sec. 265.76.... Reserve Sec.
waste reporting requirements. 265.76(a) and add
paragraph (c).
Revise definition of paper Sec. 265.1310.. Revise Sec.
submission submissions. 264.1310.
------------------------------------------------------------------------
Owners and operators of facilities with standardized permits (Part 267)
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 267.71.... Add Sec.
tracking. 267.71(a)(7).
Register with e-Manifest...... Sec. 267.71.... Revise Sec.
267.71(a)(1).
Retain manifest records in e- Sec. 267.71.... Revise Sec.
Manifest system. 267.71(a)(5) and
paragraph (b)(5).
Submit broker information to Sec. 267.71.... Revise Sec.
e[dash]Manifest system. 267.71(a)(4).
------------------------------------------------------------------------
Other Proposed Changes to Part 267
------------------------------------------------------------------------
Manifest submissions and user Sec. 267.71.... Revise Sec.
fees. 267.71(a)(4).
Submit data corrections within Sec. 267.71.... Add Sec.
30 days of request. 267.71(a)(8).
Discrepancy Reporting......... Sec. 267.72.... Revise Sec.
267.72(b) and add
paragraph (c).
------------------------------------------------------------------------
Healthcare Facility subject to 40 CFR Part 266, Subpart P
------------------------------------------------------------------------
Register with e-Manifest...... Sec. 266.508... Revise Sec.
266.508(a).
Submit Exception Reports and Sec. Sec. Revise Sec.
manifest data corrections to 266.502 and 266.502(i)(2)(i)(A)(
e[dash]Manifest. 266.508. 1) and (2), and Sec.
266.508(a).
Retain manifest and Exception Sec. 266.502... Revise Sec.
Report records in the EPA's e- 266.502(j)(1) and
Manifest system. (2).
Contact carrier to confirm Sec. 266.509... Revise Sec.
delivery. 266.509(c).
------------------------------------------------------------------------
Reverse Distributor subject to 40 CFR Part 266, Subpart P
------------------------------------------------------------------------
Register with e-Manifest...... Sec. 266.508... Revise Sec.
266.508(a).
Submit manifest data Sec. Sec. Revise Sec.
corrections and Exception 266.508 and 266.508(a) and Sec.
Reports. 266.510. 266.510(c)(9)(ii)(A
)(1) and (2).
Retain manifest and Exception Sec. 266.510... Revise Sec.
Report records in the EPA's e- 266.510(c)(10)(ii)
Manifest system. and (c)(10)(iv).
Contact carrier to confirm Sec. 266.509... Revise Sec.
delivery. 266.509(c).
------------------------------------------------------------------------
PCB Generator
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 761.207... Add Sec.
tracking. 761.207(g)(1)(iii).
Obtain TSCA EPA identification Sec. 761.202... Revise Sec.
number. 761.202(a).
Register with e-Manifest...... Sec. 761.208... Add Sec.
761.208(b).
Phase out generic ID ``40 CFR Sec. Sec. Revise Sec. Sec.
PART 761''. 761.202 and 761.202(b)(1)(i),
761.205. 761.205(c)(1).
Submit data corrections within Sec. 761.207... Revise Sec.
30 days of request. 761.207(g)(2)(v).
Generator Requirements........ Sec. 761.210... Revise Sec.
761.210(a), and
(a)(1)-(2),
Redesignate
paragraph (a)(3) to
(a)(4), and add
paragraph (a)(3).
Retain manifest and exception Sec. Sec. Revise Sec. Sec.
report records in e-Manifest 761.210 and 761.210(e)(4) and
system. 761.214. 761.214(a)(1) and
(d), and
761.214(f).
------------------------------------------------------------------------
PCB Transporter
------------------------------------------------------------------------
Sunset paper-based manifest Sec. 761.207... Add Sec.
tracking. 761.207(g)(1)(iii).
Register with e-Manifest...... Sec. 761.208... Add Sec.
761.208(b).
Submit data correction within Sec. 761.207... Revise Sec.
30 days or request. 761.207(g)(2)(v).
Retain manifest records in e- Sec. 761.214... Revise Sec.
Manifest system. 761.214(a)(2), and
paragraphs (c)(1)
and (2), and add
Sec. 761.214(g).
------------------------------------------------------------------------

[[Page 10882]]

PCB Commercial Storage and Disposal Facilities
------------------------------------------------------------------------
Sunset paper-based manifest Sec. Sec. Add Sec. Sec.
tracking. 761.207 and 761.207(g)(1)(iii)
761.213. and 761.213(f).
Register with e-Manifest...... Sec. 761.208... Revise Sec.
761.208(b).
Retain manifest records in e- Sec. 761.213... Revise Sec.
Manifest system. 761.213(b)(5).
------------------------------------------------------------------------
Other Proposed Changes to Part 761
------------------------------------------------------------------------
Definitions................... Sec. 761.3..... Revise definitions
for ``Director of
ORCR'', ``electronic
manifest'', and
``manifest''.
Obtaining Manifests........... Sec. 761.208... Revise Sec.
761.208(a)(1) and
add paragraph
(a)(3).
Removal of references to Sec. Sec. Revise Sec. Sec.
``handwritten'' signatures or 761.207, 761.207(g)(2)(i),
sign ``by hand''. 761.217, 761.217(a)(1),
761.218, 761.219. paragraphs (b)(1),
(c), and (c)(1),
761.218(e) and
paragraph (e)(1),
and 761.219(e) and
paragraph (e)(1).
Emergency Situations.......... Sec. 761.66.... Revise Sec.
761.66(f).
Annual Records and PCB Annual Sec. 761.180... Revise Sec.
Reports. 761.180(a) and
paragraphs (b),
(b)(3), and
(b)(3)(vii).
Removal of outdated references Sec. Sec. Revise Sec. Sec.
761.180, 761.180(a), (b), and
761.202, 761.205. (b)(3), 761.202(b),
and 761.205(a)(1),
(a)(2), (c)(2)(i)
and (c)(2)(ii), and
reserve Sec. Sec.
761.202(c), and (d),
and 761.205(b).
Submission instructions for Sec. 761.205... Revise Sec.
the notification of PCB 761.205(a)(3).
activity form.
General manifest requirements. Sec. 761.207... Revise Sec.
761.207(g)(2),
(g)(2)(iii), and
(g)(2)(iv).
Inability to produce an Sec. 761.214... Add Sec. 761.214(f)
electronic manifest for and (g).
inspection.
Record and submit Broker Sec. Sec. Add Sec. Sec.
information to 761.210 and 761.210(a)(3) and
e[dash]Manifest system. 761.213. 761.213(a)(2)(vi).
Discrepancy Reporting......... Sec. 761.215... Reserve Sec.
761.215(c)(1), add
paragraphs (c)(3)
and (4), and revise
paragraphs (e)(6),
(f)(8) and (g).
Unmanifested Waste Reports.... Sec. 761.216... Reserve Sec.
761.216(a) and add
paragraphs (c),
(c)(1)-(2).
Sunset written Exception Sec. 761.217... Revise Sec.
Reports. 761.217(a)(1),
(b)(1), and (c).
------------------------------------------------------------------------

III. How would these proposed regulatory changes be administered and
enforced in the states?

A. Applicability of Federal Rules in Authorized States

Under section 3006 of RCRA, EPA may authorize a state hazardous
waste program to operate in lieu of the Federal program within the
state. Following authorization, 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 40 CFR 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 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 EPA until 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. EPA is directed by
section 3006(g) to implement HSWA-based requirements and prohibitions
in authorized states until 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 EPA authorizes the state-law equivalents, EPA
implements and enforces these provisions in authorized states.
Authorized states are required to modify their programs when 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 40 CFR 271.1). If 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 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 EPA. Also, section 2(g)(2) of the Act
provides that any regulation promulgated by EPA under the e-Manifest
Act shall take effect in each state (under Federal authority) on the
same effective date that EPA specifies in its promulgating regulation.
Thus, the result is that regulations promulgated by EPA under the e-
Manifest Act, like HSWA-based regulations, are implemented and enforced
by EPA until the states are authorized to carry them out.
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

[[Page 10883]]

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.
All States would comply with the proposed requirements for
sunsetting the use of paper manifests on and after the paper sunset
date.
The remainder of this section discusses the State authorization
implications for this's proposed manifest requirements.

B. Authorization of States for This Proposal

Except for two provisions that would be promulgated under HSWA
authority, the rest of this proposal would be promulgated solely under
e-Manifest statutory authority. The two provisions in this proposal
that would be promulgated under HSWA authority (specifically, RCRA
section 3006(g)) are proposed 40 CFR 262.83(c)(5) and 262.84(c)(5),
which would consist of provisions to sunset paper manifest tracking for
hazardous waste export and import shipments. Therefore, when
promulgated, the Agency would add these sections of the rule to Table 1
in 40 CFR 271.1(j), which identifies the Federal program requirements
that are promulgated pursuant to the statutory authority that was added
by HSWA. States must apply for final authorization for the HSWA
provisions in Table 1, as discussed in the following section of this
preamble. The proposed regulatory provisions would contain language to
sunset paper based manifest tracking. Manifest users could use paper
manifests prior to the paper sunset date. Thereafter, manifest users
would be required to track their waste shipments electronically via the
EPA e-Manifest system. Therefore, proposed 40 CFR 262.83(c)(5) and
262.84(c)(5) would take effect under Federal authority prior to State
authorization but only when the electronic manifest form is used in
these States in lieu of the paper forms.
All other aspects of the proposed amendments detailed in this rule
are based on the authority of the e-Manifest Act. If finalized, the EPA
would implement, and regulated entities would be required to comply
with these provisions in all States consistently either on the
effective date of the rule or on the proposed paper sunset date. States
would be required to 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 would
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.
EPA is proposing conforming changes to the manifest provisions in
40 CFR 264.71(j)(1) and 265.71(j)(1) and in 40 CFR 264.1311 and
265.1311. Sections 264.71(j)(1) and 265.71(j)(1) alert facilities to
their fee obligations, which are outlined in 40 CFR 264.1311 and
265.1311. EPA proposes to remove the terms ``electronic'' and ``paper''
from 40 CFR 264.71(j)(1) and 265.71(j)(1) to align with EPA's
regulatory shift towards fully electronic manifests and removing
outdated paper-based references. 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.

C. Conforming Changes to 40 CFR 271.10, 271.11, and 271.12

This proposed rule includes conforming changes to 40 CFR 271.10,
271.11, and 271.12, addressing the requirements for hazardous waste
generators, transporters, and receiving facilities, respectively, that
must be included in authorized state programs to maintain consistency
with the Federal program. These changes are designed to support EPA's
transition to exclusive electronic manifesting and to ensure that
authorized state programs remain consistent with the Federal
requirements and procedures governing use of the national e-Manifest
system.
There are three key general changes proposed across these sections,
tailored to each handler category:
[ssquf] Mandatory Registration and Use of the e-Manifest System:
EPA proposes to require generators (including very small quantity
generators operating under 40 CFR part 262, subpart L and healthcare
facilities and reverse distributors subject to 40 CFR part 266, subpart
P), transporters, and receiving facilities to register with and use the
EPA e-Manifest system. This includes accessing signed and dated copies
of completed manifests, submitting data corrections electronically,
submitting Exception, Discrepancy, and Unmanifested Waste Reports, and
retaining manifest records and manifest-related reports, if applicable.
EPA is also proposing to require brokers involved with a manifested
shipment to be added to the manifest. Generally, these activities are
already required under existing Federal regulations and e-Manifest
system procedures, and the proposed revisions codify these expectations
to ensure consistent implementation across authorized state programs.
[ssquf] Sunset of Paper Manifesting: EPA proposes to sunset the use
of paper manifests for shipments initiated on or after the designated
paper sunset date. Authorized state programs must require exclusive use
of the electronic manifest format, consistent with EPA's statutory
authority under section 2(g)(1)(B) of the e-Manifest Act. This change
supports national consistency, improves data quality, and reduces
administrative burden associated with paper processing.
[ssquf] Confirmation of Manifest Formats: EPA proposes to revise
relevant regulatory provisions to confirm that both the Federal paper
manifest format and the electronic manifest format, as defined in Sec.
260.10, serve as the formats of EPA Forms 8700-22 and 8700-22A. This
clarification ensures that authorized state programs recognize both
formats as valid regulatory instruments, consistent with Federal
definitions and system design.
The following table ``Summary of Proposed Revisions to 40 CFR part
271'', summarizes the proposed revisions to 40 CFR271.10, 271.11, and
271.12, outlining changes that authorized state programs must adopt to
remain consistent with Federal requirements. It highlights updates
across generator, transporter, and facility categories, including
mandatory e-Manifest registration, the sunset of paper manifesting, and
recognition of both paper and electronic formats as EPA Forms 8700-22
and 8700-22A. EPA notes that the proposed revisions sunsetting paper
manifesting (40 CFR 271.10(f)(1), 271.10(j)(3), 271.11(c)(5), and
271.12(n)) would begin on the paper sunset date. All other revisions
would begin upon the final rule's effective date.

[[Page 10884]]

Table--Summary of Proposed Revisions to 40 CFR Part 271
----------------------------------------------------------------------------------------------------------------
Citation Handler category Proposed change
----------------------------------------------------------------------------------------------------------------
Sec. 271.10(b)....................... Generators............... Revise to require registration with and use
of e[dash]Manifest for data corrections,
recordkeeping, and reporting.
Sec. 271.10(f)(1).................... Generators............... Revise to sunset paper manifesting to begin
tracking wastes exclusively with electronic
manifests.
Sec. 271.10(f)(3) and (h)............ Generators............... Revise to confirm that paper and electronic
manifests as defined in Sec. 260.10 serve
as the Federal formats for EPA Forms 8700-
22 and 8700[dash]22A.
Sec. 271.10(j)(3).................... Exporters................ Revise to sunset paper manifesting to begin
tracking wastes exclusively with electronic
manifests.
Sec. 271.11(b)....................... Transporters............. Revise to require registration with and use
of e[dash]Manifest for data corrections,
recordkeeping, and reporting.
Sec. 271.11(c)(1).................... Transporters............. Revise to confirm that paper and electronic
manifests as defined in Sec. 260.10 serve
as the Federal formats for EPA Forms 8700-
22 and 8700-22A.
Sec. 271.11(c)(5).................... Transporters............. Revise to sunset paper manifesting to begin
tracking wastes exclusively with electronic
manifests.
Sec. 271.12(h)....................... Receiving facilities..... Revise to require registration with and use
of e-Manifest for data corrections,
recordkeeping, and reporting.
Sec. 271.12(n)....................... Receiving facilities..... Revise to sunset paper manifesting to begin
tracking wastes exclusively with electronic
manifests.
----------------------------------------------------------------------------------------------------------------

IV. Statutory and Executive Orders Reviews

Additional information about these statutes and executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This proposed rulemaking is not a significant regulatory action and
was therefore not submitted to the Office of Management and Budget
(OMB) for review.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

This proposed rulemaking is expected to be an Executive Order 14192
deregulatory action. Details on the estimated cost savings of this
proposed rule can be found in EPA's analysis of the potential costs and
benefits associated with this action.

C. Paperwork Reduction Act (PRA)

The information collection activities in this proposed rule have
been 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 0801.29. You can
find a copy of the ICR in the docket for this rule, and it is briefly
summarized here.
The primary effect of this proposed rule will be to replace all
paper-based information requirements with electronic-based
requirements. The sunsetting of paper is not expected to increase
burden. This ICR shows a decrease in burden and cost to 1,945,606 and
$105,850,379 from the previous final rule ICR 2,585,955 and
$135,404,144. Additionally, the number of respondents has been updated
from previous final rule ICR of 199,796 to 103,059 to reflect active
generators.
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). These
requirements are described in detail in the ICR Supporting Statement.
Estimated number of respondents: 103,059.
Frequency of response: Per Shipment.
Total estimated burden: 1,945,606 hours (per year). Burden is
defined at 5 CFR 1320.3(b).
Total estimated cost: $105,850,216, includes $17,496,588 annualized
capital costs or O&M 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.
Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. The EPA will respond to any ICR-related
comments in the final rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs using the
interface at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. OMB must receive
comments no later than April 6, 2026.

D. 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. This
action will result in cost savings for regulated entities, including
small entities. The analysis supporting this conclusion is described in
the Economic Assessment associated with this proposed rule.

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) as
described in UMRA, 2 U.S.C. 1531-1538. The proposed rule is expected to
lead to net annual cost savings.

F. Executive Order 13132: Federalism

This proposed rulemaking 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.

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

This proposed rulemaking 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 proposed rulemaking 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.

[[Page 10885]]

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

EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order.
Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. Since this action does not concern human health, EPA's Policy on
Children's Health also does not apply. This action is proposing the
sunsetting of paper manifests in favor or electronic manifests. There
are no children's health considerations for this action.

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

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

J. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards.

List of Subjects

40 CFR Part 260

Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Incorporation by
reference.

40 CFR Part 261

Environmental protection, Hazardous materials, Intergovernmental
relations, Recycling, Waste treatment and disposal.

40 CFR Part 262

Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Incorporation by reference,
International organizations, Labeling, Packaging and containers,
Recycling, Reporting and recordkeeping requirements.

40 CFR Part 263

Environmental protection, Exports, Hazardous materials
transportation.

40 CFR Part 264

Environmental protection, Hazardous waste, Imports, Packaging and
containers, Reporting and recordkeeping requirements.

40 CFR Part 265

Environmental protection, Hazardous waste, Imports, Packaging and
containers, Reporting and recordkeeping requirements.

40 CFR Part 266

Environmental protection, Exports, Hazardous recyclable materials,
Imports, Precious metal recovery, Recycling, Spent lead-acid batteries,
Waste treatment and disposal.

40 CFR Part 267

Environmental protection, Hazardous waste, Imports, Reporting and
recordkeeping requirements.

40 CFR Part 271

Environmental protection, Administrative practice and procedure,
Hazardous materials transportation, Hazardous waste, Intergovernmental
relations, Penalties, Reporting and recordkeeping requirements.

40 CFR Part 761

Environmental protection, Hazardous Substances, Labeling,
Polychlorinated biphenyls (PCBs), Reporting and recordkeeping
requirements.

Lee Zeldin,
Administrator.

For the reasons set forth in the preamble, EPA proposes to amend 40
CFR parts 260, 261, 262, 263, 264, 265, 266, 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.

Subpart B--Definitions

0
2. Amend Sec. 260.10 by:
0
a. Revising the definitions of ``Electronic manifest,'' and
``Manifest,''; and
0
b. Revising the definition ``User of the electronic manifest system''
by:
0
i. Revising paragraph (3); and
0
ii. Adding paragraph (4).
The revisions and additions read as follows:

Sec. 260.10 Definitions.

* * * * *
Electronic manifest (or e-Manifest) means the electronic format of
the manifest (EPA Form 8700-22) and the continuation sheet (EPA Form
8700-22A) that is obtained from EPA's national e-Manifest system and
transmitted electronically to the system.
* * * * *
Manifest means a shipping document in paper or electronic format
designated as EPA Form 8700-22, including EPA Form 8700-22A when
continuation sheets are necessary, originated and signed in accordance
with the applicable requirements of 40 CFR parts 262 through 265 of
this chapter and with the instructions included with the form.
* * * * *
User of the electronic manifest system * * *
* * * * *
(3) Elects to use the paper format of the manifest form and submits
to the system for data processing purposes by uploading a paper copy of
the manifest (or a copy and the data from such a paper copy), in
accordance with Sec. 262.24(e) of this chapter as a contingency in the
event the EPA electronic manifest system is not available.
(4) Except as provided in Sec. 262.24(e) of this part, beginning
on the paper sunset date [DATE 24 MONTHS AFTER DATE OF PUBLICATION OF
FINAL RULE], users of the electronic manifest system may no longer use
the paper manifest format of EPA Forms 8700-22 and 8700-22A for all
shipments initiated on and after this date. Users must obtain, complete
and transmit an electronic manifest format supplied by the EPA
electronic manifest system on and after the paper sunset date.
* * * * *

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.

Subpart E--Exclusions/Exemptions

0
4. Amend Sec. 261.41 by revising paragraph (a)(2) to read as follows:

Sec. 260.41 Notification and Recordkeeping for Used, Intact Cathode
Ray Tubes (CRTs) Exported for Reuse.

(a) * * *
(2) Notifications submitted by mail should be sent to the following
mailing address: Office of Land and Emergency Management, Office of
Resource Conservation and Recovery, Waste Identification, Notice, and
Generators Division, International Waste Branch (Mail Code 2255T),
Environmental Protection Agency, 1200 Pennsylvania

[[Page 10886]]

Ave. NW, Washington, DC 20460. Hand-delivered notifications should be
sent to: Office of Land and Emergency Management, Office of Resource
Conservation and Recovery, Waste Identification, Notice, and Generators
Division, International Waste Branch (Mail Code 2255T), Environmental
Protection Agency, William Jefferson Clinton West Building, Room 1329,
1301 Constitution Ave. NW, Washington, DC 20004. In both cases, the
following shall be prominently displayed on the front of the envelope:
``Attention: Notification of Intent to Export CRTs.''
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

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

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

Subpart B--Manifest Requirements Applicable to Small and Large
Quantity Generators

0
6. Amend Sec. 262.20 by revising paragraphs (a)(1) and (a)(3)
introductory text 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. A large and small quantity generator 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. Beginning on the paper sunset date
[DATE 24 MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE], a generator
may no longer use paper manifests to satisfy the requirements under
this section. A generator must obtain, complete, sign, provide, use, or
retain an electronic manifest in accordance with paragraph (a)(3) of
this section for all shipments initiated on and after this date the
paper sunset date.
* * * * *
(3) Electronic manifest. A person who prepares and uses an
electronic manifest must:
* * * * *
0
7. Amend Sec. 262.21 by adding paragraph (a)(3) to read as follows:

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

(a) * * *
(3) Beginning on the paper sunset date [DATE 24 MONTHS AFTER DATE
OF PUBLICATION OF FINAL RULE], paragraphs (a) through (g) of this
section no longer apply. Beginning on the paper sunset date, a
registrant may no longer print, or have printed, the manifest for use
of distribution nor assign manifest tracking numbers to manifests and
generators may no longer obtain manifests from any source authorized by
EPA to produce and distribute manifest paper forms. Except as described
in Sec. 262.24(e) of this part, beginning on the paper sunset date,
manifests must be obtained from and manifest tracking numbers assigned
by EPA.
* * * * *
0
8. Amend Sec. 262.23 by revising paragraphs (a) and (f)(4) to read as
follows:

Sec. 262.23 Use of the manifest.

(a) The generator must: (1) Sign the manifest certification; and
(2) Obtain the signature of the initial transporter and date of
acceptance on the manifest; (3) When a broker performs activities such
as preparing the manifest or arranging the shipment (e.g., coordinating
transporter pickup or selecting the designated facility) on behalf of
the generator, the generator must ensure that the following statement
is entered in Item 14 of the manifest: ``[Broker company name], EPA ID
[EPA identification number], prepared and/or arranged the shipment on
behalf of the generator.'' The generator may arrange for the broker, or
another entity associated with the shipment to enter the statement but
remains responsible for ensuring that the broker's company name and EPA
identification number are accurately included in the statement. For
electronic manifests, this information may be entered during manifest
preparation by the broker or other authorized party; and
(4) Retain one copy, in accordance with Sec. 262.40(a).
* * * * *
(f) * * *
(4) Retain at the generator's site a copy of each manifest until
the manifest is submitted to the EPA's e-Manifest system and delivered
to the generator's account by the designated facility which rejected
the waste under the rejection or container residue procedures of Sec.
264.72 or Sec. 265.72
0
9. Amend Sec. 262.24 by:
0
a. Revising paragraph (a) introductory text and paragraph (a)(1);
0
b. Adding paragraph (c)(2); and
0
c. Revising paragraph (e).
The revisions and additions read as follows:

Sec. 262.24 Use of the electronic manifest.

(a) Use of electronic manifests. Electronic manifests that are
obtained, completed, and transmitted in accordance with Sec.
262.20(a)(3), and used in accordance with this section satisfy for all
purposes any requirement in Sec. Sec. 262.20 and 262.23 of this part
to obtain, complete, sign, provide, use, or retain a manifest. Except
as provided in paragraph (e) of this section, beginning on the paper
sunset date [DATE 24 MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE], a
person required to prepare a manifest under Sec. 262.20(a) must use an
electronic manifest for all shipments initiated on and after this date.
(1) Any requirement in these regulations to sign a manifest or
manifest certification, or to obtain a signature, is satisfied by
signing with or obtaining a valid and enforceable electronic signature
within the meaning of Sec. 262.25.
* * * * *
(c) * * *
(2) A generator must retain at the facility the initial paper copy
of the manifest for at least three years. This signed copy must be
retained as a record for at least three years from the date the waste
was accepted by the initial transporter.
* * * * *
(e) Special procedures when electronic manifest is unavailable. If
a generator has prepared an electronic manifest for a hazardous waste
shipment, but the EPA's electronic manifest system becomes unavailable
for any reason prior to the time that the initial transporter has
signed electronically to acknowledge the receipt of the hazardous waste
from the generator, then the generator must:
(i) Complete a paper copy of the electronic manifest described in
paragraph (d) of this section in accordance with Sec. 262.23 of this
part, retain a copy of the printed manifest, and reproduce sufficient
copies of the printed manifest in accordance with Sec. 262.22 of this
part to provide the initial transporter and all subsequent waste
handlers with a copy for their files.
(ii) If the generator is unable to access the EPA e-Manifest system
to print their electronic manifest due to a documented outage of the
EPA's e-

[[Page 10887]]

Manifest System, a generator must obtain a manifest from EPA's
alternate e-Manifest website and complete the printed manifest in
accordance with Sec. 262.23 of this part.
* * * * *

Subpart D--Recordkeeping and Reporting Applicable to Small and
Large Quantity Generators

0
10. Amend Sec. 262.40 by revising paragraphs (a) and (b) and adding
paragraph (d) to read as follows:

Sec. 262.40 Recordkeeping.

(a) A generator must keep a copy of each manifest signed in
accordance with Sec. 262.23(a) until the manifest is submitted to the
EPA's e-Manifest system and delivered to the generator's registered
account by the designated facility which received the waste. In hybrid
manifest situations a generator must keep the initial copy of a signed
paper manifest described in Sec. 262.24(c)(1). This initial signed
copy must be retained as a record for at least three years from the
date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of Biennial Report for a period of
at least three years from the due date of the report. A generator must
maintain an Exception Report in the generator's registered account in
the EPA's e-Manifest system.
* * * * *
(d) No generator may be held liable for the inability to produce an
electronic manifest or electronic Exception Report for inspection under
this section if the generator can demonstrate that the inability to
produce the electronic manifest or electronic Exception Report is due
exclusively to a technical difficulty with the e-Manifest system for
which the generator bears no responsibility.
0
11. Amend Sec. 262.42 by:
0
a. Removing and reserving paragraph (a)(2)
0
b. Revising paragraphs (a)(3)(i) and (b) to read as follows:

Sec. 262.42 Exception reporting.

(a) * * *
(3) * * *
(i) A copy of the manifest for which the generator does not have
confirmation of delivery.
* * * * *
(b) 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
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 also submit a copy of the
manifest, with some indication that the generator has not received
confirmation of delivery, to the EPA e-Manifest system.
* * * * *

Subpart H--Transboundary Movements of Hazardous Waste for Recovery
or Disposal

Sec. 262.82 [Amended]

0
12. Amend Sec. 262.82 in paragraphs (e)(1) and (2) by removing the
text ``Materials Recovery and Waste Management Division, International
Branch (Mail Code 2255A)'' wherever it appears and adding in their
places the text ``Waste Identification, Notice, and Generators
Division, International Waste Branch (Mail Code 2255T)''.
0
13. Amend Sec. 262.83 by:
0
a. Revising and republishing paragraph (a)(6);
0
b. Revising paragraph (c) introductory text;
0
c. Removing and reserving paragraph (c)(3);
0
d. Revising paragraph (c)(4) introductory text by removing the text
``final domestic transporter'' and adding in its place the text ``last
transporter'';
0
e. Revising paragraph (c)(4)(v); and
0
f. Adding paragraph (c)(5).
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. (i) EPA license code;
(ii) Commodity classification code for each hazardous waste per 15
CFR 30.6(a)(12);
(iii) EPA consent number for each hazardous waste;
(iv) Country of ultimate destination code per 15 CFR 30.6(a)(5);
(v) Date of export per 15 CFR 30.6(a)(2);
(vi) RCRA hazardous waste manifest tracking number, if required;
(vii) Quantity of each hazardous waste in shipment and units for
reported quantity, if required reporting units established by value for
the reported commodity classification number are in units of weight or
volume per 15 CFR 30.6(a)(15); or
(viii) EPA net quantity for each hazardous waste reported in units
of kilograms if solid or in units of liters if liquid, if required
reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
* * * * *
(c) RCRA manifest instructions for export shipments. The exporter
must register with e-Manifest and use the EPA's e-Manifest system to
comply with data correction in paragraph (c)(4)(v) of this section and
the recordkeeping and reporting requirements of this part. The exporter
must comply with the manifest requirements of Sec. Sec. 262.20 through
262.25 except that:
* * * * *
(v) Manifest data corrections must be made if the foreign facility
has certified to the receipt of hazardous wastes by sending a copy of
the movement document to the exporter per paragraph (d)(2)(xv) of this
section that documents significant differences in quantity (as defined
by 40 CFR 265.72(b)) when compared with the quantity listed on the RCRA
export manifest, or if the exporter has submitted an export exception
report to EPA per paragraph (h)(1)(iii) of this section because the
foreign receiving facility rejected part or all of a hazardous waste
export shipment and the rejected hazardous waste was sent to an
alternate management facility or returned to the generator. The post-
receipt data corrections may be submitted at any time. 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.
(5) Prior to the paper sunset date [DATE 24 MONTHS AFTER DATE OF
PUBLICATION OF FINAL RULE], hazardous waste exporters may obtain,
complete, sign, use, retain, and submit paper manifests to the EPA e-
Manifest system to satisfy the requirements of this section. Beginning
on the paper sunset date, except as provided in paragraphs (c)(1) and
(c)(4)(iv) of this section, exporters must obtain, complete, sign,
provide, use, and retain electronic manifests in accordance with the
regulations under Sec. 262.24 of this

[[Page 10888]]

part. Beginning on the paper sunset date, paper manifests may no longer
be used to meet the requirements of this section for shipments for all
shipments initiated on or after this date. Within 30 days of receiving
an export manifest from the final domestic transporter carrying the
shipment to or across the U.S. port of exit, the exporter must submit
the signed and dated electronic manifest and all electronic
continuation sheets to the EPA e-Manifest system.
0
14. Amend Sec. 262.84 by:
0
a. Revising paragraph (b)(1) introductory text;
0
b. Revising paragraph (c) introductory text and (c)(1);
0
c. Removing and reserving paragraph (c)(2); and
0
d. Adding paragraph (c)(5)
The revisions and additions read as follows:

Sec. 262.84 Imports of hazardous waste.

* * * * *
(b) * * *

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.