The Environmental Protection Agency (EPA) published the final Third Rule in the Federal Register on July 26, 2024 (with minor administrative corrections published on October 31, 2024). The Third Rule amended certain aspects of the e-Manifest system for the Resource Conservation and Recovery Act (RCRA). RCRA regulates the generation, management, and final disposition of hazardous waste and the e-Manifest system was established to help alleviate some of the burden of paper recordkeeping for generators, transporters and designated facilities for hazardous waste by transitioning the manifest system to digital. State programs must adopt the e-Manifest regulations, but they may have their own portals that link to the system. The rule changes include mandatory e-Manifest registration for small and large quantity generators, e-Manifest report integration, manifest correction requirements, and updates to export requirements and polychlorinated biphenyl (PCB) manifest requirements. Some provisions of the Third Rule became effective on January 22, 2025, and the remaining provisions became effective on December 1, 2025.
What is e-Manifest?
The EPA initially proposed the transition from paper-based hazardous waste manifests to electronic-based reporting in May 2001. All shipments of hazardous waste are required to be accompanied by a hazardous waste manifest, and this creates a significant time and resource burden for entities that generate, transport, or serve as treatment, storage, or disposal facilities (TSDFs) for hazardous waste. EPA recognized this burden and proposed that the manifest be transferred to an online system that would track the waste as it moved from generator to transporter(s) to the TSDF. The intent of the system was to provide cost savings, improve accuracy of information on waste shipments for users of the system as well as regulators, provide rapid notifications and corrections of issues on manifests, and have the potential for integrating biennial reporting and other federal and state reporting systems.
What is new with the final “Third Rule”?
The “Third Rule” includes various regulatory amendments and technical corrections to the existing e-Manifest rules. The amendments require small and large quantity generators to register for access to e-Manifest, integrates reports into e-Manifest, requires entities to correct manifest data errors, updates to the hazardous waste export manifest requirements, and updates to PCB manifest requirements. The requirements of the Third Rule became effective on two separate timelines – one portion of the rule became effective on January 22, 2025, while the other portion of the rule became effective on December 1, 2025.
Mandatory SQG and LQG e-Manifest Registration
The Final Third Rule required all small quantity generators (SQGs) and large quantity generators (LQGs) to register within the e-Manifest system and have, at a minimum, one person with certifier or site manager access such that they can submit reports and make data corrections as needed. Mandatory registration became effective on January 22, 2025. The mandatory SQG and LQG registration also means that treatment, storage, and disposal facilities (TSDFs) will no longer be required to mail the signed TSDF copy of the manifest back to the generator to close out the shipment loop. The final manifest will be uploaded to the e-Manifest system where the generator can review and correct the manifest as needed.
Integrating Reports into e-Manifest
The Third Rule integrates existing Discrepancy Reports, Exception Reports, and Unmanifested Waste Reports into the e-Manifest system. Previously, these reports were sent in hard copy directly to the EPA Regional Administrator. The Third Rule requires facilities to submit the reports online, reducing the burden of additional paperwork and streamlining the reporting process. Facilities (apart from very small quantity generators) no longer have the option to submit the reports in hard copy directly to the EPA Regional Administrator.
Discrepancy reports submitted to e-Manifest require the same information that was previously included in the hard-copy reports. If a paper manifest is being used, the facility should upload a copy of the paper manifest and provide a description of efforts made to reconcile the differences (be sure to include the manifest number). EPA has extended the timeframe in which discrepancy reports must be submitted from 15 days to 20. This extension is due to feedback that 15 days may not be enough time for TSDFs to work with generators to resolve the issues. The e-manifest system will make discrepancy reports available to state agency and EPA personnel upon completion in the system.
Exception reports submitted in the e-Manifest system no longer require a cover letter. The system requires an explanation of efforts taken to locate waste and results of the efforts. If LQGs are using a paper manifest, they must upload an image of the manifest and enter select information from the manifest when submitting the report. SQGs need only upload an image copy and a statement that the waste was not received. EPA has extended the timeframe in which the exception report process must occur for LQGs. Under the Third Rule, LQGs must initiate the search for an unsubmitted manifest in 45 days and file a report within 60 days.
Unmanifested waste reports are now also fully electronic and must be submitted through e-Manifest. TSDFs must generate a manifest with the same fields as required in the previous, hard copy unmanifested waste reports. EPA opted to waive any fees associated with generating the new manifests due to negligible revenue generation and to ensure there are no additional barriers for facilities filing unmanifested waste reports.
PCB generators are not required to register in e-Manifest, nor have an EPA ID number. If they choose not to obtain a number and register in the system, they can continue to submit reports directly to the applicable agency.
The updated timeframes for report submissions became effective on January 22, 2025. The requirement to submit the reports directly to the e-Manifest system became effective on December 1, 2025.
Mandatory Manifest Corrections
The EPA and states have noted an increase in manifest errors since implementing the e-Manifest system. The agencies believe these errors are not new but transitioning the manifest system online and agency review of the data has magnified the issue. The e-Manifest process has included a correction process since 2018, but the regulations have not required that manifests be corrected when requested by the state. Some facilities have declined requests from state regulators or EPA to correct errors found. The Third Rule requires handlers to correct manifest errors when requested by state agencies or EPA. Each party (i.e., generator, transporter, TSDF) will be responsible for correcting errors in their respective portion of the manifest. Manifest changes must be made within 30 days of request to correct the data from EPA or a state. Corrections can be made to a manifest at any time by any interested person but must be accompanied by a Cross Media Electronic Reporting Rule (CROMERR)-compliant certification. The latest update to the manifest will be considered accurate until another change is made and there is no limit to the number of updates that can be made. This requirement became effective on January 22, 2025.
Updates to Export Requirements
Hazardous waste export manifests have been incorporated into the e-Manifest system, and the exporter listed on the manifest is responsible for submitting the manifest and paying the user fee. The Third Rule expanded the data elements required for an international shipment on the manifest form and more closely linked the manifest data with the movement document data (an international movement document is required for all imports and exports). This update integrates the Waste Import Export Tracking System (WIETS) with RCRAInfo, the portal in which the various electronic hazardous waste systems are housed. The updates to the export requirements became effective on January 22, 2025.
Uniform Hazardous Waste Manifest Updates
The various updates promulgated by the Third Rule have resulted in updates to the uniform hazardous waste manifest. The revised uniform hazardous waste manifest will be a four-copy document. Since the TSDF is no longer required to send a copy of the signed manifest back to the generator, EPA has eliminated this copy (page three of the five-copy manifests). In addition, the updates to the hazardous waste export requirements resulted in the international shipment block (Block 33) moving from the continuation sheet to the first page of the manifest. If the exporter is not already identified in Block 1 (generator EPA ID) or Block 5 (generator information), then the exporter must provide their EPA ID in Block 33 of the manifest. This changes to the manifest form became effective on January 22, 2025.
Updates to PCB Requirements
Toxic Substances Control Act (TSCA) regulated PCBs are required to be manifested unless explicitly excluded. However, the regulations that govern the management of PCBs (40 CFR 761) had not been updated to include the mention/use of e-Manifest. The Third Rule updated the Hazardous Waste Electronic Manifest Establishment Act to include the authority section of 40 CFR 761. This change essentially pulled PCBs under the e-Manifest umbrella and established the process and legal equivalency of the electronic manifest. Note that the Third Rule Updates to PCB manifests do not include requirement for online reporting. This updates to the e-Manifest system to PCBs became effective on January 22, 2025.
How Does this Impact Generators and TSDFs?
The Third Rule will require Generators to:
- Register an account in e-Manifest and assign a site manager or certifier, if an SQG or LQG
- Monitor e-Manifest for signed return manifest copies from TSDFs
- Submit exception reports through the e-Manifest system
- Correct applicable manifest errors when requested by EPA Regional Administrator
The Third Rule will require TSDFs to:
- Submit discrepancy and unmanifested waste reports through the e-Manifest system
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- Correct applicable manifest errors when requested by EPA Regional Administrator
- TSDFs will no longer be required to mail return copies of manifests to SQGs or LQGs
If you’d like to discuss the update to the e-Manifest rules, please consider reaching out to our team of experts for assistance at 800.229.6655:
