Hazardous waste export manifests join e-Manifest system
The Environmental Protection Agency (EPA) published the final Third Rule on July 26, 2024, revising hazard waste export manifest regulations under the Resource Conservation and Recovery Act (RCRA). All hazardous waste shipments (regardless of destination) and manifest-related reports will be managed electronically through the e-Manifest program, EPA’s national system that tracks hazardous waste shipments.
What are the changes?
Hazardous waste export manifests
Export manifests track hazardous waste that’s shipped out of the country for treatment, storage, and disposal. The final rule integrates hazardous waste export manifests into the e-Manifest system and designates the exporter as the entity responsible for submitting the manifest and paying the requisite user fee.
EPA’s Third Rule also:
- Expands the international shipment data elements on the manifest form,
- Updates the requirements for the document that tracks hazardous waste movement to better connect the manifest information with the movement document information (assisting with the integration of EPA’s Waste Import Export Tracking System with RCRAInfo), and
- Requires the last transporter (which transports hazardous waste export shipments out of the U.S.) to send a signed copy of the manifest and continuation sheet to the exporter instead of the generator.
Manifest-related reports
The final rule integrates other reports into the e-Manifest system, including:
- Discrepancy Reports for mismatches in the amount of waste,
- Exception Reports for shipment problems, and
- Unmanifested Waste Reports for waste found without proper tracking documents.
Further, small and large quantity generators must register for e-Manifest access to obtain their final signed manifest copies from the system.
Other changes
The final rule aligns the manifest requirements for polychlorinated biphenyls (or PCBs) under the Toxic Substances Control Act with the RCRA manifest regulations. It also removes outdated requirements, fixes typographical errors, provides clear definitions, and ensures better alignment with the e-Manifest program.
What are the compliance deadlines?
The final Third Rule takes effect on January 22, 2025. However, these requirements don’t take effect until December 1, 2025:
- Exporters must submit hazardous waste export manifests to the e-Manifest system and pay the user fee.
- Entities must submit Discrepancy, Exception, and Unmanifested Waste Reports to the e-Manifest system.
- The last transporters must provide the export manifests and continuation sheets to the exporters.
Meanwhile, organizations must comply with existing hazardous waste manifest requirements through November 30, 2025.
Key to remember: EPA’s final Third Rule combines hazardous waste export manifests and related reports into the e-Manifest system. All hazardous waste shipments (regardless of destination) and manifest-related reports will be managed electronically.