UPDATE: OSHA publishes proposed heat illness prevention rule

What’s a WCPP?

When specific uses of chemical substances (i.e., conditions of use) in an occupational setting may pose unreasonable risks of injury to employees or the environment, Section 6 of TSCA requires EPA to develop regulations that reduce or mitigate those risks. The agency implements WCPPs to address the risks.

A WCPP requires covered entities to take certain actions in the workplace that shield individuals who engage with the conditions of use from inhalation and/or dermal risk.

Who’s subject to a WCPP?

The requirements of a WCPP may apply to entities that manufacture (including import), process, distribute in commerce, use, or dispose of a TSCA-regulated chemical substance.

The WCPP program extends beyond those who directly handle a regulated chemical substance to anyone in the workplace who’s exposed or who could be exposed to it (e.g., employees, independent contractors, volunteers, etc.).

What are the components of a WCPP?

A WCPP generally consists of multiple elements:

• Exposure limits, such as Existing Chemical Exposure Limits (ECELs), set the amount or concentration of a chemical substance that can be in the air.
• ECEL action levels establish airborne concentration limits that, if exceeded, activate additional requirements (like more frequent monitoring).
• Exposure monitoring measures and compares air concentration levels to the exposure limits.
• Regulated areas establish where airborne concentrations of the chemical substance are above or have a reasonable possibility to go above exposure limits. Facilities limit access to these areas to control exposure.
• An Exposure Control Plan documents the selection and implementation of controls used to reduce exposure. It's developed according to the hierarchy of controls, which mandates that the most protective actions used to reduce hazardous exposures be considered first. The general order is elimination, substitution, engineering controls, administrative controls, and then personal protective equipment (PPE) use.
• Dermal and inhalation control measures may consist of direct dermal contact control measures (like removing the chemical substance at the source before a worker encounters it) and PPE use (such as requiring workers to wear chemical-resistant gloves or use respirators when handling the chemical substance).
• Training applies to workers who are or could be exposed to the chemical substance and typically covers multiple elements of the WCPP (work processes, proper PPE use, and exposure controls, for example).
• Recordkeeping demonstrates compliance with the WCPP. Facilities usually have to maintain records of monitoring results, Exposure Control Plans, regulated areas and those authorized to use them, training, and PPE programs.
• Downstream notifications alert others in the supply chain of WCPP requirements. Manufacturers, processors, and distributors generally provide the required information on a chemical substance’s Safety Data Sheet.

Know the chemical-specific requirements

If your facility is subject to a WCPP, it’s essential to know the regulations that apply to the specific chemical substance. The chemical’s rule will define the conditions of use to which the WCPP applies and may contain different or additional requirements. Also, state or local regulations may have stricter rules that dictate how (and if) your facility can use the chemical substance.

Key to remember: Facilities that use TSCA-regulated chemical substances may have to comply with EPA’s workplace chemical protection program to protect workers and other exposed individuals from unreasonable health risks.

Who will be affected?

The stricter PM_2.5 rule will impact many industries, particularly those that emit a lot of fine particle pollution. Some of the most affected sectors include:

• Manufacturing & Heavy Industry – Factories making steel, cement, or chemicals may need stronger pollution controls.
• Power Generation – Coal and gas power plants may have tighter limits, requiring better filtration systems.
• Transportation & Logistics – Ports, rail yards, and trucking centers could have new rules reducing diesel pollution.
• Construction & Mining – Dust and particles from digging, moving materials, and using equipment may need stricter control.
• Agriculture – Large farms, especially those handling animals or grain, may need better dust control.
• Oil & Gas – Refineries and drilling sites may face tougher rules on pollution from burning fuel.

These industries may see higher costs, stricter permits, and changes to operations to meet the new standards.

Tougher pollution limits

Businesses in nonattainment areas must follow stricter PM_2.5 rules. This may mean updating operations or investing in better pollution control technology. The goal is to reduce fine particle emissions that harm air quality and health.

New permit rules

Businesses expanding or changing operations that increase PM_2.5 pollution may need new permits. These permits show compliance with tighter pollution limits.

State rules may change

States with nonattainment areas must update their air quality plans. This could mean new industry rules, such as lowering emissions, increasing monitoring, or changing reporting requirements.

Increased monitoring & reporting

Expect closer tracking of your business’s pollution levels, including real-time monitoring and more frequent reports. Compliance checks may be stricter in nonattainment areas.

Offsetting pollution

If a business increases PM_2.5 pollution, it may need to offset that by reducing pollution somewhere else in the same area. This ensures the total pollution level does not rise.

Costs & economic effects

Businesses in nonattainment areas may see higher costs due to stricter rules. Local governments might offer rewards or fines to encourage pollution reductions. Companies may need to find cost-effective ways to lower their PM_2.5 levels while staying efficient.

How to prepare

• Review your business’s pollution levels and find ways to lower them.
• Stay updated on new local and federal rules.
• Work with state agencies to understand new compliance expectations.
• Invest in cleaner technology to stay ahead of regulations.

Key to Remember: By having a plan for the possibility of nonattainment now, your business can adjust to the new PM_2.5 rules while helping improve air quality and public health.

The EPA definition: “RCRA empty” explained

Under the Resource Conservation and Recovery Act (RCRA), a container that once held hazardous waste is only legally “empty” if it meets particular criteria outlined in 40 CFR 261.7. The first standard that must be satisfied is that all material has been removed from the container using normal means such as pouring, pumping, or aspirating. Secondly, no more than 2.5 centimeters or 1 inch of residue remains on the container's bottom or inner lining. Additionally, if the container holds less than 110 gallons, it is empty if no more than 3 percent of the total weight or volume exists. Of course, sometimes special circumstances require further evaluation. For example, a gas cylinder is not empty until the pressure has reduced to atmospheric levels, and acute hazardous waste containers must be triple rinsed with an appropriate solvent or cleaned by another approved method. If these conditions are not met, the container is still legally considered to contain hazardous waste, even if it feels empty.

The OSHA definition: “Empty” under the Hazard Communication Standard

While EPA focuses on environmental disposal and waste management, OSHA’s concern with empty containers centers on worker safety, particularly the potential for exposure to hazardous residues or vapors. Under OSHA’s Hazard Communication Standard (29 CFR 1910.1200), a container that previously held hazardous chemicals must retain its original hazard label until it is adequately cleaned or until the employer removes the label following proper decontamination procedures. For example, a drum labeled “Flammable” must keep this label even if it appears empty, as residual material or vapors may still pose a significant ignition or fire risk. Removing such labels prematurely could lead to workplace hazards and violations of OSHA regulations.

How to stay compliant

Employers must first clearly determine which rules apply to them: whether the container held hazardous materials governed by EPA regulations, hazardous chemicals subject to OSHA requirements, or both. Emptying procedures should be followed, including properly draining the container, performing triple-rinsing when required, and thoroughly documenting all decontamination activities. Original hazard labels must be maintained on containers until they are thoroughly cleaned or reconditioned, as removing labels prematurely violates OSHA’s Hazard Communication Standard. Additionally, employers should provide employees with training on the proper handling, labeling, and disposal of containers and ensure they fully understand what constitutes an empty container under federal standards. Finally, a detailed record of all rinsing, draining, and cleaning processes should be maintained to demonstrate compliance during EPA or state inspections.

Keys to remember: Employers should educate their teams, enforce proper cleaning procedures, and maintain compliance records to ensure they are staying compliant with “empty” container standards.

Qualified facilities

A qualified facility:

• Has a total aboveground oil storage capacity of 10,000 gallons or less, and
• Hasn’t had over the past three years either:
  • One oil discharge greater than 1,000 gallons, or
  • Two oil discharges greater than 42 gallons each within any 12-month period.

The SPCC rule identifies two types of qualified facilities:

• A Tier I qualified facility has no aboveground oil containers greater than 5,000 gallons.
• A Tier II qualified facility has an individual aboveground oil container greater than 5,000 gallons.

SPCC Tier Tip: EPA provides a fact sheet (Spill Prevention Control and Countermeasure (SPCC) Plan Qualified Facilities Applicability) to help facilities determine eligibility as a qualified facility and (if applicable) which tier applies.

What are the similarities?

Tier I and Tier II qualified facilities are subject to many of the same requirements for SPCC Plans, including basic requirements, certification, and updates to qualification changes.

What are the differences?

The primary difference between Tier I and Tier II facilities is the extent of the SPCC Plan. Additionally, Tier II facilities may employ certain alternative spill control methods.

Qualified facilities, whether Tier I or Tier II, benefit from the ability to self-certify their SPCC Plans. That’s something that can make owners and operators “tier” up with happiness.

Key to remember: Tier I and Tier II qualified facilities share many similarities under the SPCC rule, but knowing where the requirements differ is vital to maintaining compliance.

What’s AAI?

EPA defines AAI as “the process of evaluating a property’s environmental conditions and assessing potential liability for any contamination.” It encompasses the activities required by the AAI rule (40 CFR Part 312) to:

• Establish current and past uses and ownerships of the property; and
• Identify conditions that indicate releases or threatened releases of hazardous substances on, at, in, or to the property.

Potential property owners must comply with the AAI rule to claim protection from CERCLA liability. They may use one of three landowner defenses:

• Innocent landowners (who didn’t know and had no reason to know before purchase that the property was contaminated),
• Contiguous property owners (who didn’t know and had no reason to know before purchase that the property is or may be contaminated by a neighboring property), or
• Bona fide prospective purchasers (who knew or had reason to know before the purchase that the property was contaminated but were allowed to purchase it by meeting and continuing to meet certain criteria).

Who’s required to comply?

You must meet the AAI requirements if you plan to purchase a property for nonresidential use and may want to use CERCLA liability protections for hazardous substance releases or threatened releases after purchase.

The AAI rule requires an environmental professional to conduct most of the activities (312.21), but it also contains provisions that the potential owner must meet (312.22).

Who qualifies as an environmental professional?

An environmental professional has the needed background to identify conditions of a property that indicate releases or threatened releases of hazardous substances. According to 312.10, an environmental professional needs:

• A current professional engineer’s or professional geologist’s license or registration and three years of relevant work experience,
• A government-issued license or certification to perform environmental inquiries and three years of relevant work experience,
• A bachelor’s degree or higher in engineering or science and five years of relevant work experience, or
• Ten years of relevant work experience.

What’s required to comply?

The AAI rule lists the actions needed to qualify for CERCLA liability protection using the landowner defenses. All AAI tasks must be completed before acquiring the property. Most tasks need to be completed within one year prior to purchasing a property. However, a handful of actions must happen within 180 days before purchase:

• Interviews,
• Environmental cleanup lien searches,
• Governmental record reviews,
• Visual inspections, and
• Declaration by the environmental professional.

The environmental professional:

• Interviews current and past property owners, operators, and occupants;
• Reviews historical information sources;
• Reviews government records;
• Conducts visual inspections of the facility and adjoining properties;
• Reviews commonly known or reasonably ascertainable property information; and
• Assesses the degree of obviousness of the presence or likely presence of property contamination and the ability to detect the contamination.

The potential landowner:

• Searches for environmental cleanup liens not provided by the environmental professional,
• Assesses any personal specialized knowledge or experience,
• Assesses the relationship of the purchase price to the fair market value if the property isn’t contaminated, and
• Obtains any commonly known or reasonably ascertainable property information not provided by the environmental professional.

Report the results

The AAI results must be documented in a written report that’s signed by the environmental professional. It must include:

• The environmental professional’s determination of whether the property has conditions that indicate releases or threatened releases of hazardous substances,
• Any data gaps that impacted the ability to identify such conditions and how the missing information impacted the determination,
• The environmental professional’s qualifications, and
• The required certification statements at 312.21(d).

Get guidance from industry standards

The regulations don’t provide specific requirements for the AAI format, and although the rules outline the actions you must take, it can be daunting to implement AAI without further guidance.

Consider using industry standards! EPA even references ASTM International Standards at 312.11 that you can use to comply.

Key to remember: Potential landowners can shield themselves from CERCLA liability for hazardous substance contamination by conducting All Appropriate Inquiries.

What’s required?

Facilities submit annual compliance certifications to the Title V permitting authority, which is usually a state or local regulatory agency (40 CFR 70.6). An EPA Regional Office serves as the permitting authority (71.6) for federally issued permits.

Title V tip: Check the state or local regulations for Title V compliance certification rules. They may require more frequent submissions and additional information.

At a minimum, the annual compliance certification covers two major areas for every permit term or condition:

• The compliance methods, and
• The compliance status.

Let’s take a closer look at each element.

How do I submit a compliance certification?

Your facility’s Title V permit provides instructions for how to submit the annual compliance certification, including the required forms and methods (via mail or electronic submission). You can also confirm requirements with your permitting authority. Generally, federally permitted facilities use the Annual Compliance Certification (EPA Form 5900-04).

Title V tip: Electronic submissions may be an option through the Compliance and Emissions Data Reporting Interface (CEDRI) on EPA’s Central Data Exchange. Check with your permitting authority to determine whether you may submit the annual compliance certification electronically via CEDRI.

Annual compliance certification is vital to maintaining your Title V permit. Keep in mind: comply, certify, and repeat.

Key to remember: Facilities with a Title V operating permit must certify compliance with the requirements at least annually.

Compliance considerations

Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.

Air permits

•State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.

•In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.

•Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.

(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)

•Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.

•The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.

•Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.

•After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits 

EPA emission standards

The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.

These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.

Other Regulations

Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:

•Aboveground Storage Tank (AST) Requirements

•Spill Prevention Control and Countermeasure (SPCC) Plans

•EPCRA Tier II Reporting

Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.

Hazardous materials

The term hazardous material is defined by the Department of Transportation and refers to any substance or material that poses an unreasonable risk to health, safety, and property during transportation. Hazardous materials include hazardous substances, hazardous wastes, marine pollutants, and elevated-temperature materials. Essentially, if it’s dangerous and transported, it’s considered a hazardous material.

Hazardous waste

On the other hand, hazardous waste is defined by the Environmental Protection Agency. It refers to contaminated chemicals or by-products that no longer serve their purpose and need to be disposed of. Hazardous wastes are either listed or exhibit characteristics like ignitability, corrosivity, toxicity, or reactivity. It’s essentially waste that poses a danger to health or the environment and requires special handling and disposal.

To put it simply, hazardous material is a broad term that includes various dangerous substances during transportation, while hazardous waste specifically refers to dangerous by-products that need disposal. Understanding these terms is crucial for compliance with environmental and safety regulations.

If you ever find yourself unsure, remember that hazardous materials are about transportation risks, and hazardous wastes are about disposal risks.

What’s the re-notification requirement?

The Resource Conservation and Recovery Act (RCRA) enables EPA to control hazardous waste from generation to disposal. The agency keeps tabs on SQGs through the re-notification regulation at 40 CFR 262.18(d). It requires SQGs to re-notify EPA or the state environmental agency of their generator status and activities every four years by submitting the:

• Notification of RCRA Subtitle C Activities, also known as the Site Identification (ID) Form (EPA Form 8700-12), or
• State-equivalent form.

How do SQGs re-notify?

Regulated SQGs must submit the Site ID Form. EPA and many states use the myRCRAid module on RCRA Information (RCRAInfo) for re-notifications.

Here’s how to submit the Site ID Form on myRCRAid:

1. Log in to RCRAInfo.
2. Click “Create New Submission” on the myRCRAid tab.
3. Select the reason for submittal as “Obtaining or updating an EPA ID number for on-going regulated activities (Items 10–17) that will continue for a period of time."
4. Review and update the information about your site as needed, including the facility’s:
   • EPA ID number,
   • Name and location address,
   • Mailing address,
   • Land type,
   • North American Industry Classification System (or NAICS) code,
   • Site contact information,
   • Legal owner/operator information,
   • Type of regulated waste activity,
   • Additional regulated waste activities, and
   • Status as:
     • An academic entity with laboratories,
     • An episodic generator,
     • A large quantity generator (LQG) consolidating very small quantity generator hazardous waste,
     • An LQG site closing a Central Accumulation Area or facility,
     • A secondary hazardous material manager, and
     • A contractor of an electronic manifest broker.
5. Include any additional information in the comments section (Item 18).
6. Click “Review.” Make any needed corrections to the information. Once this is complete, myRCRAid will display the Review Source Record page.
7. Submit the re-notification:
   • If you don’t have Certifier permission, click “Mark Ready for Signature.” The application will save the form in the “In Progress” section on myRCRAid and notify individuals at your facility with Certifier and Site Manager permissions. The status will display “Ready for Signature."
   • If you have Certifier permission, confirm that the data is correct and click “Sign & Submit” to electronically sign the submission.

Once you submit the Site ID Form, its status on myRCRAid will display “Pending.” EPA or the state regulator will approve or reject the re-notification submission.

Re-notification recommendations

Consider these tips when preparing your SQG re-notification:

• Most RCRA programs are implemented at the state level. Confirm the re-notification regulations with your state environmental agency. It may not use myRCRAid and may require more frequent submissions.
• Ensure you have the necessary RCRAInfo permissions to submit the SQG re-notification. A Preparer can enter information into the Site ID form, but only a Certifier or Site Manager with Certifier permission may sign and submit it.
• EPA accepts submission of the Site ID form at any time within the four years before the next re-notification deadline, so you can submit the re-notification before September 1. Verify with your state whether the same allowance applies.

Submitting the SQG re-notification properly keeps EPA updated and your facility compliant.

Key to remember: Small quantity generators of hazardous waste must re-notify EPA or the state agency by September 1, 2025.

1. How do I test the equipment?

UST owners and operators may conduct release detection equipment testing according to:

• The manufacturer’s instructions,
• Industry codes and standards, or
• The implementing agency’s requirements.

Manufacturer’s instructions

Each piece of release detection equipment should have an associated manual or guide for owners to reference. The manual or guide will explain how to test the equipment.

Tip: Most equipment manufacturers provide online versions of their product manuals and guides, which you can likely find on the manufacturer’s website. If you can’t find guidance, contact the manufacturer directly.

Industry codes and standards

EPA’s regulations stipulate that UST owners and operators who follow industry codes and standards must choose ones developed by a nationally recognized association (like ASTM International or the Petroleum Equipment Institute (PEI)) or an independent testing laboratory.

For instance, the agency states at 280.40(a)(3) that UST owners and operators may use PEI/RP1200, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, to comply.

Implementing agency requirements

EPA’s rules for testing release detection equipment serve as the minimum standards. Most state regulatory agencies implement UST programs and may impose stricter or additional requirements. Plus, local regulations may apply.

Check state and local rules to ensure your UST complies with the right requirements.

2. What do I test?

At a minimum, UST owners and operators must test the following factors that apply to their release detection systems.

• Automatic tank gauges and other controllers: Test the alarms and battery backups. Verify the system’s configuration.
• Probes and sensors: Test alarm functionality and communication with the controller. Inspect the probes and sensors for residual buildup. Ensure that the floats move freely, the cables have no kinks or breaks, and the shaft isn’t damaged.
• Automatic line leak detectors: Simulate a leak to determine whether the detector meets the operation requirements of 280.44(a).
• Vacuum pumps and pressure gauges: Confirm correct communication with the sensors and controller.
• Handheld electronic groundwater and vapor sampling equipment: Ensure the monitoring equipment operates properly.

3. What records do I have to keep?

The regulation at 280.45(b)(1) mandates that UST owners and operators keep records of the annual release detection equipment testing results for at least three years.

For each annual testing record, list:

• Each device tested,
• If the devices operated according to 280.40(a)(3) or had issues that needed attention, and
• Any corrective actions applied.

Why is release detection equipment testing so important?

Petroleum and other hazardous substances that leak from USTs can endanger human and environmental health. A leaking UST’s primary threat is groundwater contamination. Groundwater supplies drinking water for almost half of Americans.

A release detection system enables a facility to respond sooner to accidental releases and, therefore, limit potential harmful impacts — only if the equipment used for the system operates properly.

Testing your UST’s release detection equipment is vital because it allows you to identify which components function accurately and which parts have problems that need correction. A well-functioning release detection system can help your facility:

• Maintain regulatory compliance (and avoid enforcement actions like penalties),
• Identify opportunities to upgrade existing equipment to improve operational efficiency, and
• Protect your employees and the community in which your facility operates.

Key to remember: EPA requires facilities to test the release detection equipment used on underground storage tanks each year to make sure it operates properly.

Pesticide registration tracking app

On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:

• Monitor the status of their registration submissions in real-time,
• Drill down to a detailed view of each application, and
• Communicate directly with EPA staff about registration packages in review.

Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.

Policy changes impacting two forms

On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”

The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. According to PR Notice 2025-1:

• EPA Form 8570-34 — This is the Certification with Respect to Citation of Data. Pesticide registrants use this form to indicate how they will meet their data submission/citation obligations under the law. When a registrant refers to another company’s data, the registrant must certify that:
  • It offered compensation to the original data submitter, or
  • It has the original data submitter’s permission to cite the data.
• EPA Form 8570-35 — This is the Data Matrix. Pesticide registrants use this form to indicate to whom they made offers of compensation.

The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:

• Eliminated the instruction to use “paper” submissions;
• Says registrants should complete and submit the two forms electronically through the Pesticide Submission Portal;
• Eliminated the instruction that registrants submit two versions of the Data Matrix, i.e., the ‘‘Internal Agency Use Copy’’ and the ‘‘Public File Copy’’; and
• Requires that registrants submit a single Data Matrix without redactions.

EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.

According to EPA, entities potentially affected by the policy changes include, but are not limited to:

• Crop production,
• Animal production,
• Food manufacturing, and
• Pesticide manufacturing.

Efficiencies and transparencies gained

Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.

In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.

The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.

Key to remember

Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.

1. Environmental responsibility impacts your brand reputation

Sustainability is no longer just a corporate social responsibility (CSR) talking point. It’s a core business differentiator. As a management or EHS leader, you’re often on the frontlines of implementing the visible changes that shape public perception. Recycling programs are a low-barrier, high-impact initiative that sends a clear message to customers, investors, and employees: We walk the talk.

Failing to prioritize environmental responsibility puts your company’s reputation at risk — especially in industries with public visibility or regulatory scrutiny. Forward-thinking competitors are already using circular economy models and zero-waste initiatives to win market share.

Champion a program that reflects your company’s values and positions you as a sustainability leader in your field.

2. Compliance with local, state, and federal regulations

Recycling is no longer a “nice-to-have.” Many jurisdictions now require commercial recycling, especially for packaging waste, e-waste, and food scraps. Increasingly, regulations also demand data transparency, such as tracking waste volumes, diversion rates, and sustainability goals.

Supervisors in environmental and safety roles are responsible for ensuring compliance and minimizing risk. Violations can result in hefty fines, bad press, or loss of contracts.

Stay ahead of compliance trends and implement a recycling program that satisfies current and future requirements while keeping auditreadiness top of mind.

3. Cost savings and operational efficiency

Landfill disposal is becoming more expensive due to tipping fees and transportation costs. By diverting materials through recycling or reuse programs, companies can reduce both their environmental footprint and their operational spend.

In addition, smart material handling and waste segregation can lead to process improvements — less clutter, fewer hauling pickups, and even opportunities to monetize recyclable materials like scrap metal, cardboard, or used electronics.

Use data from your waste audits and vendor reporting to identify high-volume waste streams and optimize for both cost reduction and resource efficiency.

4. Workforce engagement, retention, and culture

Today’s workforce, particularly younger employees, is drawn to employers who align with their values. A clean, green workplace that visibly supports recycling and sustainability reinforces a positive culture, boosts morale, and improves engagement — especially when employees feel like they’re contributing to something bigger.

Recycling initiatives are also an easy win for cross-departmental engagement. Whether through green teams, signage campaigns, or employee challenges, these programs offer hands-on ways to involve everyone.

Build internal buy-in by showing how your initiatives support company values, employee wellness, and sustainability goals through shared responsibility.

5. Alignment with data-driven ESG and sustainability goals

In 2025, companies are under increasing pressure from stakeholders to report measurable progress on environmental, social, and governance (ESG) initiatives. Waste reduction, recycling rates, and landfill diversion metrics are among the top data points requested in annual sustainability reports and RFPs.

Supervisors and EHS leaders are often the owners of the data. You're tasked with tracking, verifying, and reporting on these outcomes. Without a structured recycling program in place, those metrics are impossible to capture, and your ESG report falls flat.

Establish a system for measuring, improving, and communicating progress toward zero-waste or landfill diversion targets, and support leadership in meeting ESG benchmarks.

Key to remember: Embracing workplace recycling in 2025 isn’t just good for the planet — it’s a smart move that drives innovation, saves money, and positions your company as a leader in sustainability.

Who’s impacted?

The Third Rule impacts entities subject to RCRA’s manifest regulations. This article focuses on the manifest correction rules that apply to these waste handlers:

• Small and large quantity generators,
• Transporters, and
• TSDFs.

Note that the final rule amends post-manifest correction regulations for other entities, such as exporters, that are beyond the scope of this article.

What are the Third Rule changes?

EPA’s final rule maintains most of the post-receipt manifest data corrections process.

What’s the same?

Specifically:

• Any waste handler named on the manifest may voluntarily submit data corrections at any time,
• Waste handlers can make an unlimited number of voluntary corrections,
• Corrections may be applied to an individual record or batch of them, and
• Submissions must include a signature compliant with the Cross-Media Electronic Reporting Rule (CROMERR).

What’s different?

Previously, when EPA or a state regulatory agency requested corrections to data on a manifest, waste handlers weren’t required to make them. The Third Rule now mandates that waste handlers:

• Correct errors on the manifest within 30 days of a corrections request from EPA or a state agency, and
• Make data correction submissions electronically for paper or electronic manifest records.

Post-receipt corrections are made via the Hazardous Waste Electronic Manifest System (e-Manifest) on the RCRA Information (RCRAInfo) system.

The Third Rule also clarifies that receiving facilities (TSDFs) can make corrections only after the manifest is completed (i.e., signed and submitted to the e-Manifest system).

What’s the post-receipt manifest correction process?

Waste handlers submitting voluntary or mandatory post-receipt corrections to hazardous waste manifests must follow the process established at 40 CFR 264.71(l).

Follow this general process on the e-Manifest System:

• Certify that the manifest is complete. It must have the status “Signed-Completed."
• Determine how to submit the corrected data to the e-Manifest system. You can enter the data directly into e-Manifest or upload a file with data corrections to the system.
• Include for each correction submission:
  • The Manifest Tracking Number and date received by the facility associated with the data being corrected,
  • The Item Number(s) of the affected data fields on the manifest form (EPA Form 8700-22), and
  • The previously entered and corrected data.
• Save your corrections. The manifest’s status will change to “Under Correction."
• Re-sign the manifest to certify the corrections. The manifest’s status will change to “Corrected."

Manifest correction FAQs

Check out some top questions and answers about post-receipt manifest corrections.

What manifest information can I correct?

The type of waste handler your facility is determines which items on the manifest you can change for voluntary corrections or must change for mandatory corrections. Typically:

• Generators correct data in Items 1–15;
• Transporters correct data in Items 6–7, 14, and 17; and
• TSDFs correct data in Items 14 and 18–20.

What user role do I need on RCRAInfo to submit manifest corrections?

You must be registered in RCRAInfo as a user with the e-Manifest Certifier or Site Manager role for the facility’s site to submit manifest corrections.

What’s the CROMERR certification?

EPA requires manifest correction submitters to use a CROMERR-compliant electronic signature, which requires a higher level of identity proofing than the Quick Sign signature.

Can I revert to a previous manifest version?

Once the corrected manifest has been signed, you can’t revert it to a previous version. The e-Manifest system does, however, let you view all versions of the manifest.

Can brokers sign corrected manifests?

Although brokers can initiate a manifest correction for generators, they may not sign a corrected manifest unless they (a) operate at the generator’s facility and (b) can sign the manifest as an offeror of the waste shipment.

Key to remember: EPA’s Third Rule updates the process for making data corrections to RCRA hazardous waste manifests.