Proposed Rule2026-06775
Update to EPAAR Text of Provisions and Clauses, Signing of Uniform Hazardous Wastes Manifests
Primary source
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Published
April 8, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing a new EPAAR, Provision and Clause in Solicitation Provisions and Contract Clauses, and Environmental, Conservation, Occupational Safety, and Drug-Free Workplace. The EPA currently has a local clause, which involves the signing of Uniform Hazardous Waste Manifests for Superfund sites. The new clause will enable contractors to sign the Waste Manifest at EPA worksites for the removal of hazardous and non- hazardous materials at both Superfund and non-Superfund sites. The addition of the new clause will allow work to continue when EPA personnel are not present at the worksite.
Full Text
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<title>Federal Register, Volume 91 Issue 67 (Wednesday, April 8, 2026)</title>
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[Federal Register Volume 91, Number 67 (Wednesday, April 8, 2026)]
[Proposed Rules]
[Pages 17780-17782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06775]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1523 and 1552
[EPA-HQ-OMS-2025-0037; FRL-13150-01-OMS]
Update to EPAAR Text of Provisions and Clauses, Signing of
Uniform Hazardous Wastes Manifests
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing a new
EPAAR, Provision and Clause in Solicitation Provisions and Contract
Clauses, and Environmental, Conservation, Occupational Safety, and
Drug-Free Workplace. The EPA currently has a local clause, which
involves the signing of Uniform Hazardous Waste Manifests for Superfund
sites. The new clause will enable contractors to sign the Waste
Manifest at EPA worksites for the removal of hazardous and non-
hazardous materials at both Superfund and non-Superfund sites. The
addition of the new clause will allow work to continue when EPA
personnel are not present at the worksite.
DATES: Comments must be received on or before June 8, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OMS-2025-0037; FRL-13150-01-OMS, 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 to submit your
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#563239353d3322093930371633263778313920"><span class="__cf_email__" data-cfemail="462229252d2332192920270623362768212930">[email protected]</span></a>. Include Docket ID No. EPA-HQ-
OMS-2025-0037; FRL-13150-01-OMS in the subject line of the message.
<bullet> Fax: (202) 566-9744.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Finance and Administration (OFA) 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 operation 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 detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the
FOR FURTHER INFORMATION CONTACT: Brandon R. Hawkins, Policy Division,
Office of the Chief Procurement Officer (OCPO) (3802R), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number: (202) 250-8897; email address:
<a href="/cdn-cgi/l/email-protection#fd959c8a9694938ed39f8f9c93999293d38fbd988d9cd39a928b"><span class="__cf_email__" data-cfemail="4f272e382426213c612d3d2e212b2021613d0f2a3f2e61282039">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Environmental Protection Agency (EPA) is
proposing a new EPAAR Clause 1552.223-73 and a corresponding
prescription in EPAAR 1523.303-73. The EPA currently has a local
clause, EPA-H-11-104, which involves the signing of Uniform Hazardous
Waste
[[Page 17781]]
Manifests for Superfund sites. The new clause will enable contractors
to sign the Waste Manifest at EPA worksites for the removal of
hazardous and non-hazardous materials at both Superfund and non-
Superfund sites. The addition of the new clause will allow work to
continue when EPA personnel are not present at the worksite. This will
result in cost savings and prevent work stoppages at cleanup sites,
enabling the cleanup to continue uninterrupted. To prevent conflicts of
interest and fraud, the EPA will implement management controls and
address these concerns during the conflict of interest (COI) review for
worksite cleanup procurements.
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by the Office of Management and
Budget (OMB) because this regulation is limited to agency organization,
management, or personnel matters.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).
D. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
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 not impose any requirements on small entities. This action
is revising an existing EPAAR section that will not have a significant
economic impact on a substantial number of small entities. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities.
E. Unfunded Mandates Reform Act
This action does not contain an unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) as
described in UMRA, 2 U.S.C. 1531-1538 and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any state, local, or tribal governments or the private sector.
F. Executive Order: Federalism
This rule 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 rule does not have tribal implications as specified in
Executive Order 13175. This rule applies to federal contracting
officers at the EPA and does not require consultation or coordination
with Indian tribal governments. Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 12866,
and because it does not involve decisions on environmental health or
safety risks.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve the development of technical
standards.
List of Subjects
48 CFR Part 1523
Environmental protection, Accounting, Government procurement,
Reporting, and recordkeeping requirements.
48 CFR Parts 1552
Environmental protection, Care of laboratory animals, EPA green
meetings and conferences, Protection of human subjects, and Government
procurement.
Stefan Martiyan,
Director, Office of the Chief Procurement Officer (OCPO).
For the reasons set forth in the preamble, EPA proposes to amend
EPAAR parts 1523 and 1552 as follows:
PART 1523--ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND
DRUG-FREE WORKPLACE
0
1. The authority citations for part 1523 continues to read as follows:
Authority: Sec. 205I, 63 Stat. 390, as amended, 40 U.S.C. 486I.
0
2. Add Sec. 1523.303-73 to read as follows:
1523.303-73 Signing of Hazardous Wastes Manifests and Non-Hazardous
Wastes Manifests (XXX 2026).
Contracting Officers shall insert the contract clause at 1552.223-
73 when the contract involves the transportation of hazardous waste
material from an EPA Superfund worksite. Alternate I shall be inserted
when the contract involves the transportation of hazardous waste
material from an EPA Non-Superfund worksite. Alternate II shall be
inserted when the contract involves transporting Non-Hazardous waste
material from an EPA worksite. Alternate II can be used in conjunction
with the main clause or Alternate I.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
The authority citations for part 1552 continues to read as follows:
Authority: 5 U.S.C. 301 and 41 U.S.C. 1707.
0
3. Add Sec. 1552.223-73 to read as follows:
1552.223-73 Signing of Hazardous Wastes Manifests and Non-Hazardous
Wastes Manifests (XXX 2026).
As prescribed in 1552.303-73, insert the following contract clause
when the contract involves the transportation of hazardous waste
material from an EPA Superfund worksite.
Signing of Uniform Hazardous Wastes Manifests for EPA Superfund Sites
(XXX 2026)
(a) As directed in writing, via authorized technical direction,
by the EPA Contracting Officer Representative (COR), the Contractor
is authorized to sign the EPA Form 8700-22), Uniform Hazardous Waste
Manifest. This form is required in accordance with (40 CFR part 262)
(``Standards Applicable To Generators Of Hazardous Waste'') and land
ban notifications/certifications/demonstrations (40 CFR part 268.7
(``Testing, tracking, and recordkeeping requirements for generators,
reverse distributors, treaters, and disposal facilities'') and 40
CFR part 268.9) (``Special Rules Regarding Wastes That Exhibit A
Characteristic'') for the EPA at Superfund sites which involve off-
site transport of hazardous wastes. The Contractor shall sign the
manifests and land
[[Page 17782]]
ban records after writing or printing the phrase ``On behalf of the
United States Environmental Protection Agency'' in the signature
block #15 Generator's/Offeror's Certification on the EPA Form 8700-
22 Uniform Hazardous Waste Manifest. The Contractor shall not be
considered a generator of hazardous wastes solely as a result of
having signed the manifests or land ban records on behalf of the
EPA. Nothing contained in this paragraph shall be construed to
create an agency relationship between the Contractor and EPA except
with respect to the authorization to sign the manifests and land ban
records. This authorization only extends to sites assigned under
this contract.
(b) This clause may be inserted in subcontracts.
(End of Clause)
Alternate I (XXX 2026) As prescribed in 1552.303-73, insert the
following contract clause when the contract involves the transportation
of hazardous waste material from an EPA Non-Superfund worksite.
Alternate I (XXX 2026) Signing of Hazardous Waste Manifests for EPA
Non-Superfund Worksite
(a) As directed in writing, via authorized technical direction,
by the EPA Contracting Officer Representative (COR), the Contractor
is authorized to sign the EPA Form 8700-22), Uniform Hazardous Waste
Manifest. This form is required in accordance with (40 CFR part 262)
(``Standards Applicable To Generators Of Hazardous Waste'') and land
ban notifications/certifications/demonstrations (40 CFR part 268.7
(``Testing, tracking, and recordkeeping requirements for generators,
reverse distributors, treaters, and disposal facilities'') and 40
CFR part 268.9) (``Special Rules Regarding Wastes That Exhibit A
Characteristic'') for the EPA at Non-Superfund sites which involve
off-site transport of hazardous wastes. The Contractor shall sign
the manifests and land ban records after writing or printing the
phrase ``On behalf of the United States Environmental Protection
Agency'' in the signature block #15 Generator's/Offeror's
Certification on the EPA Form 8700-22) Uniform Hazardous Waste
Manifest. The Contractor shall not be considered a generator of
hazardous wastes solely as a result of having signed the manifests
or land ban records on behalf of the EPA. Nothing contained in this
paragraph shall be construed to create an agency relationship
between the Contractor and EPA except with respect to the
authorization to sign the manifests and land ban records. This
authorization only extends to sites assigned under this contract.
(b) This clause may be inserted in subcontracts.
(End of Clause)
Alternate II (XXX 2026) As prescribed in 1552.303-73, insert the
following contract clause when the contract involves the transportation
of non-hazardous waste material from an EPA worksite.
Alternate II (XXX 2026) Signing of Non-Hazardous Wastes Manifests for
EPA Worksite
(a) As directed in writing, via authorized technical direction,
by the EPA Contracting Officer Representative (COR), the Contractor
is authorized to sign non-hazardous waste shipping manifest forms
and land ban notifications/certifications/demonstrations for the EPA
at waste sites which involve off-site transport of non-hazardous
wastes. The Contractor shall sign the manifests and land ban records
after writing or printing the phrase ``On behalf of the United
States Environmental Protection Agency'' in the signature block. The
Contractor shall not be considered a generator of non-hazardous
wastes solely as a result of having signed the manifests or land ban
records on behalf of the EPA. Nothing contained in this paragraph
shall be construed to create an agency relationship between the
Contractor and EPA except with respect to the authorization to sign
the manifests and land ban records. This authorization only extends
to sites assigned under this contract.
(b) This clause may be inserted in subcontracts.
(End of Clause)
[FR Doc. 2026-06775 Filed 4-7-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 8, 2026.
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