On June 28, 2024, the United States Environmental Protection Agency (USEPA) signed and adopted the final Third Rule amending the e-Manifest system under the Resource Conservation and Recovery Act (RCRA). All required hazardous waste generators must be registered for e-Manifest and using it for final manifest tracking by January 22, 2025. All manifest-related reports, including Exception, Discrepancy, and Unmanifested Waste Reports, must be submitted using the electronic system no later than December 1, 2025.
Brief Background Information
Since 1980, RCRA has regulated the generation, transportation, and final disposal of hazardous waste via the Hazardous Waste Manifest. The e-Manifest system, launched in 2018, was designed to streamline hazardous waste manifest tracking by transitioning all parties involved to a more efficient digital platform, thereby reducing reliance on paper records.
The new amendments to the original e-Manifest system require hazardous waste generators, including Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs), to register and use the e-Manifest system for tracking and correcting manifests, as well as submitting manifest-related reports, export manifests, and export-related user fees. This final rule also updates polychlorinated biphenyl (PCB) manifest requirements.
Key Action Items for Hazardous Waste Generators
To ensure compliance with the Final Third Rule, hazardous waste generators must:
- Ensure all SQG and LQG sites are registered in the e-Manifest system by January 22, 2025. Very Small Quantity Generators and PCB-only generators are not required to register unless their state requires them to obtain USEPA ID numbers. State regulations take precedence.
- Review and designate personnel responsible for manifest recordkeeping and ensure proper training in e-Manifest system use is provided.
- Handle all manifest corrections electronically through the e-Manifest system. Any authorized user listed on the manifest can make corrections at any time.
- Be aware that the Uniform Hazardous Waste Manifest will reduce from five pages to four on December 5, 2025.
- Retain paper copies of manifests. While treatment, storage, and disposal facilities (TSDF) are no longer required to mail paper manifest copies to the generator (unless required by state regulations), it is advisable that they keep copies until they are comfortable in the electronic system.
- Talk to their hazardous waste vendors to review how shipments will be affected by this final rule.
Manifest-Related Reporting Timeframe Updates
Manifest-related reporting timeframe extensions will also be included Third Final Rule:
- Receiving facilities now have 20 days after receiving a shipment (extended from 15 days) to submit discrepancy reports via the e-Manifest system.
- LQGs must contact the transporter or TSDF regarding an unsubmitted manifest within 45 days (previously 35 days) of the date the waste was accepted by the initial transporter.
- LQGs must file an exception report within 60 days (formerly 45 days) of the date the waste was accepted by the initial transporter. The timeframe for SQGs remains unchanged at 60 days.
Further Information
Please refer to the USEPA website for more information about the final Third Rule or explore the USEPA
e-Manifest Quarterly Webinar Series.
Questions? We’re here to help
If you export hazardous waste or are a PCB generator, review the final Third Rule to see how your shipments’ documentation will be affected. EHS Support can help you understand how to adapt your processes to comply.
Stay ahead of regulatory updates. Reach out to Katie Milk at katie.milk@ehs-support.com for expert guidance and to ensure seamless compliance with these new regulations.
