What Is the Final “Third Rule” of e-Manifest?

The Environmental Protection Agency’s (EPA’s) Hazardous Waste Electronic Manifest (e-Manifest) system has been used to centralize hazardous waste tracking information across the country since 2018. On July 26, 2024, however, the EPA published updated regulations, leaving many wondering “What is the final third rule of e-Manifest?”

Summary of the Final Third Rule

This rule amends certain aspects of the hazardous waste manifest regulations under the Resource Conservation and Recovery Act (RCRA), specifically about the e-Manifest system. This rule is intended to reduce the reporting burden on industry and states, increase information availability, improve compliance monitoring, and prepare for future potential integration with biennial reporting requirements. So, what are the new EPA regulations for 2025?:

1. Incorporates hazardous waste export manifests into the e-Manifest system, including designating the exporter as the entity responsible for submitting the manifest and paying user fees
   
2. Expands required international shipment data elements on the manifest form
3. Revises the movement document requirements to more closely link the manifest data to better integrate with the EPA’s Waste Import Export Tracking System (WIETS) within RCRAInfo
4. Integrates:
   • Submitting Exception Reports through e-Manifest
   • Submitting Discrepancy Reports through e-Manifest
   • Submitting Unmanifested Waste Reports through e-Manifest
5. Generator Registration Requirement
   • An updated SQG registration requirement means that SQGs must now register for access to e-Manifest to obtain their final signed manifest copies from the system
   • An updated LQG registration requirement means that LQGs must register for access to
     e-Manifest to obtain their final signed manifest copies from the system
6. Requires entities to correct manifest data errors
7. Makes conforming changes to polychlorinated biphenyl (PCB) manifest regulations under the Toxic Substances Control Act (TSCA), and other technical corrections to remove obsolete requirements, correct typographical errors, establish definitions, and/or improve alignment with the e-Manifest program

Why Should I Care About the Final Third Rule of e-Manifest?

How does the third final rule impact generators and treatment, storage, and disposal facilities (TSDFs)? Well, manifests are crucial for ensuring centralized, regulated, hazardous waste tracking and management to ensure safe facilities, communities, and environments across the nation. On top of the obvious benefits of safety, there are compliance implications—organizations found to be noncompliant face harsh enforcement from the EPA and, potentially, from state regulatory bodies as well.

The final third rule of e-Manifest simplifies the reporting and tracking process, increases data and knowledge-sharing abilities, and makes it easier to comply safely. These updates will be rolled out throughout the course of 2025, with entities required to comply with different aspects of the third final rule of e-Manifest at different points throughout the year.

What Happens on January 22, 2025?

There are two key dates for the final third rule of e-Manifest. On January 22, 2025, there will be updates to:

E-Manifest Registrations:

• LQG and SQG Registration Requirements:
  • LQGs and SQGs must register for the e-Manifest system to access completed copies of manifests, and must have at least one user with e-Manifest access.
  • Very small quantity generators (VSQGs) and PCB-exclusive generators are not required to register for e-Manifest. This is superseded by state rules, however, so if a state requires VSQGs to register, they must do so. VSQGs who do not choose to register for
    e-Manifest should arrange with other waste handlers named on the manifest to make corrections to manifest data on their behalf.
  • If a facility is a VSQG or PCB-exclusive generator and is a registered user within the
    e-Manifest system, receiving facilities can choose to upload their manifests to
    e-Manifest.

Mandatory Manifest Corrections:

• Handlers, transporters, and generators must correct manifest errors when requested by State regulatory agencies, the EPA, and/or the EPA Paper Processing Center (PPC) within 30 days. Responsibility for corrections will depend on manifest section:
  • Facilities may delegate corrections to other parties on manifests but do not cede responsibility.
  • The EPA is to publish a webpage detailing corrections standards and responsibilities
• Any named person on the manifest may continue to voluntarily submit any post-receipt data corrections at any time
  • Voluntary corrections for export shipments must be made on the e-Manifest system after foreign facilities have certified the receipt of hazardous wastes by sending a copy of the movement document to the exporter, unless corrections are requested by the EPA or a State

Paper Manifest Requirement for TSDFs:

• TSDFs no longer need to send paper copies of manifests to the generator via mail. State regulations may still require paper copies; please contact your Triumvirate Environmental account manager or state regulator for additional guidance. 

Discrepancy Report Timeframe:

• The timeframe requirement for submitting Discrepancy Reports through e-Manifest by the receiving facility is changing from 15 days to 20 days after receipt of shipment.
• Receiving facilities that are required in their permit to submit Discrepancy Reports 15 days after receipt of shipment must continue to comply with that 15-day timeframe unless or until their permit is modified.
• The timeframe requirement for when an LQG must initiate the search for an unsubmitted manifest is changing from 35 days to 45 days.
• The timeframe requirement for when LQG must file an exception report is changing from 45 days to 60 days. The timeframe for a SQG to file an exception report is unchanged at 60 days.

International Movement Document Requirements:

• International movement document requirements now include listing of the RCRA manifest tracking number
• Allow listing the unique Canadian movement document tracking number on the international movement document
• Require an “electronic import-export reporting compliance date” (date to be announced) by which the exporter and U.S. receiving facility must submit a copy of the signed international movement document to WIETS to confirm receipt of the shipment.
• Allow for any data exchange established in the future to be used to comply with the transmittal across borders of shipment confirmations or notifications concerning the need to arrange for alternate management or return of an individual shipment

Updates to TSCA/PCB Manifest Requirements

• For PCB-manifested shipments, generators, transporters, and receiving facilities must make data correction submissions within 30 days from receipt of a corrections request from the EPA or a state regulatory body.
• The e-Manifest system will be used to fulfill PCB waste tracking and recordkeeping requirements.

What Happens on December 1, 2025?

On December 1, 2025, there will be updates to:

Submitting Discrepancy Reports, Exception Reports, and Unmanifested Waste Reports through
e-Manifest:

• Exception, Discrepancy, and Unmanifested Waste Reports must be submitted through
  e-Manifest instead of the regional administrator or RCRA-authorized state. There will be no fee for submitting unmanifested waste reports through e-Manifest. States will be notified and have immediate access to reports through RCRAInfo.

Submitting Export Manifests through e-Manifest:

• Export manifests were previously exempt from e-Manifest, but will now be included within the e-Manifest system.
• Exporters will be responsible to submit paper and electronic export manifests to the e-Manifest system and pay user fees. The exporter is to submit manifests to e-Manifest (instead of to the generator) within 30 days of the last transporter who carried the export shipment to a U.S. port of exit.
• The last transporter who transports the hazardous waste export shipment out of the U.S. must send a signed copy of the manifest and continuation sheet to the exporter instead of the generator.

Shortened Manifest:

• Uniform Hazardous Waste Manifests will now be shortened from 5 pages to 4 pages
  • The Designated and Facility copy page will be removed
  • The International Shipment block is moving

• The EPA is currently authorizing companies to provide the new manifest, so the “old” 5-page Uniform Hazardous Waste Manifest will be accepted for both domestic and international shipments until December 1, 2025.

So, What Is the Final Third Rule of e-Manifest?

EPA regulations and e-Manifest rules are changing throughout 2025. Generators and TSDFs alike will be impacted by the changes to registration requirements, shifting timelines, and manifest requirements, among other changes.

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