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EPA/OLEM RIN: 2050-AH12 Publication ID: Spring 2021 
Title: Integrating e-Manifest With Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections 

In the final e-Manifest User Fee Rule issued in January, 2018, the Environmental Protection Agency (EPA) explained that the scope of the e-Manifest requirements and system did not extend to export shipments of hazardous wastes from the U.S. Export shipments were excluded from e-Manifest in that final rule because EPA had not determined which entity in the export process would be responsible for submitting export manifests to the e-Manifest system and paying the associated user fees. Also, the "receiver pays" approach that was generally applicable to domestic shipments in that final rule was not suitable in the export context, as the receiver of exported wastes is a foreign entity. Thus, in this action we are considering a regulatory change to address which entity involved in the export supply chain is best suited to (1) submit export manifests to EPA and (2) pay the requisite user fee for the processing of export manifests so that exported wastes may be included in the scope of the e-Manifest system. Additionally, we are considering revisions to the manifest forms so that manifest data for import and export shipments can be recorded more clearly on them. This rule also considers revisions to the export and import shipment movement document related requirements to more closely link the manifest data with the movement document data, and various technical corrections and conforming amendments to import and export requirements. This action addresses several manifest-related reports that are required when there are specific manifested waste shipment problems. The current regulations require the following reports to be submitted in writing: (1) an Exception Report from generators when a signed manifest confirming the receipt of wastes by the designated facility is overdue; (2) a Discrepancy Report from the designated receiving facility when the waste received differs significantly in quantity or type from the waste that the generator indicated was shipped, and (3) an Unmanifested Waste Report from a receiving facility when a shipment arrives at the receiving facility that was not accompanied by a manifest, but should have been tracked with a manifest required under the Resource Conservation and Recovery Act (RCRA). Since much of the manifest information that is the basis for these separate reports will be available and trackable in e-Manifest, this action considers regulatory changes to the regulations for the manifested related reports so that they can be transmitted electronically and more efficiently in e-Manifest rather than as separate, written reports. This action also considers applicable revisions to the federal manifest regulations under the Toxic Substances Control Act (TSCA) so that they align with the RCRA manifest regulations and the e-Manifest Program. Finally, this action may also provide an opportunity to address other technical regulatory changes that may be suggested by stakeholders.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 262    40 CFR 263    40 CFR 264    40 CFR 265    40 CFR 271    40 CFR 761   
Legal Authority: 42 U.S.C. 6939(g)   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2021 
Final Rule  To Be Determined 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
Sectors Affected: 11 Agriculture, Forestry, Fishing and Hunting; 21 Mining, Quarrying, and Oil and Gas Extraction; 22 Utilities; 23 Construction; 31-33 Manufacturing; 42 Wholesale Trade; 44-45 Retail Trade; 48-49 Transportation and Warehousing; 51 Information; 562 Waste Management and Remediation Services; 92 Public Administration 
RIN Data Printed in the FR: No 
Agency Contact:
Bryan Groce
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5303T,
Washington, DC 20460
Phone:202 566-0339