Seyfarth Synopsis: Effective yesterday, the third and final update to USEPA's e-Manifest rules require all Large Quantity Generators (LQGs) and Small Quantity Generators (SQGs) to register in the e-Manifest module, replacing hard paper copies. Generators must monitor the e-Manifest module to ensure timely waste transportation and receipt. The update also modifies exception reporting and error correction processes.
A reminder that the last comprehensive set of rules implementing the new USEPA e-Manifest rules became effective yesterday (though some limited provisions don’t become effective until December 2025, however). The most important provision for generators under 40 CFR 262.20(a) is that All Large Quantity Generators (LQGs) and Small Quantity Generators (SQGs) must be registered in the e-Manifest module by yesterday. The e-Manifest requirements do NOT apply to Very Small Quantity Generators (VSQGs), except at their option.
The use of the e-Manifest eliminates the need of receiving facilities to return hard paper copies of manifests to LQGs and SQGs as previously required by 40 CFR 265.71, as that information will be online. However, since generators will no longer be receiving return hard copies of manifests by mail from the transporter and receiving facility, generators must monitor the e-Manifest module to ensure their wastes have been timely transported and received by the designated receiving facility.
The changeover to the e-Manifest system also brings a change to exception reporting required under 40 CFR 262.42. If an exception report is necessary, LQGs and PCB generators must notify the other parties to the shipment within 45 days and file an Exception Report in the on-line RCRAInfo system within 60 days. After an Exception Report has been filed on RCRAInfo, receiving facilities have 20 days to reconcile the manifest discrepancies and submit Discrepancy Reports to the e-Manifest system. If a receiving facility receives hazardous waste that is not accompanied by a manifest, it will use the e-Manifest system to report Unmanifested Waste.
As part of the transition to use of e-Manifests to track the generation, transportation, handling, storage and disposal of hazardous waste, the e-Manifest form has been modified to include additional information, and the process of correcting manifest errors after shipment will now be online. The e-Manifest module is available at this link.
