RCRA Revision Checklist 239
Hazardous Waste Electronic Manifest User Fee Rule
83 FR 420-462
January 3, 2018
(RCRA Cluster XXVI, Non-HSWA)

Notes:  1) There are many requirements in this rule that can be administered and enforced only by EPA, and not by authorized states.  These provisions are noted within this checklist.

2) Most of the provisions in this rule that are not solely administered and enforced by EPA were promulgated under the authority of Section 2(g)(3) of the e-Manifest Act.  This authority is similar to that in Section 3006(g) of RCRA, which was promulgated under HSWA, which provides that EPA shall carry out regulations promulgated under the Act in each state unless the state program is fully authorized to carry out such regulations in lieu of EPA.  
3) The hazardous waste manifest is an area subject to special program consistency considerations. In addition, because of the section 2(g)(3) mandate of the e-Manifest Act that all federal requirements promulgated under e-Manifest Act authority be given consistent effect in all states on the requirements’ effective date, existing state law requirements that are inconsistent with the federal revisions promulgated under the e-Manifest Act are superseded on these regulations’ effective date of June 30, 2018.

Name of State:

State Statutory Authority:

Title of Regulations: ___________________________ Effective Date:

Date Checklist Completed:

Federal Requirements	Federal RCRA Citation	Analogous State Citation	State Analog is:	
			Equiv-alent	Less strin-gent	More Strin-gent	Broader in Scope	
Part 260 – hazardous waste Management system: General	
Subpart A -- GENERAL	
Manifest copy submission requirements for certain interstate waste shipments.	260.4 Title						
In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:	260.4(a)						
Complete the facility portion of the applicable manifest;	260.4(a)(1)						
Sign and date the facility certification;	260.4(a)(2)						
Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and	260.4(a)(3)						
Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.	260.4(a)(4)	 See Endnote 1					
Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.	260.5 Title	See Endnote 2					
For purposes of this section, “state-only regulated waste” means:	260.5(a)						
A non-RCRA waste that a state regulates more broadly under its state regulatory program, or	260.5(a)(1)						
A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.	260.5(a)(2)						
In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:	260.5(b)						
Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and	260.5(b)(1)						
Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.	260.5(b)(2)	See Endnote 1					
PART 262 – STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	
Subpart B – THE MANIFEST	
A generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A.	262.20(a)(1)						
The revised manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, and 262.60, shall not apply until September 5, 2006. The manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 262.32, 262.34, 262.54, and 262.60, contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.	262.20(a)(2)						
	262.21(f)(5)-(8)						
Restriction on use of electronic manifests. A generator may use an electronic manifest for the tracking of waste shipments involving any RCRA hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest, except that:	262.24(c)	See Endnote 3					
A generator may sign by hand and retain a paper copy of the electronic manifest signed by hand by the initial transporter, in lieu of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically.	262.24(c)(1)						
[Reserved]	262.24(c)(2)						
Special procedures when electronic manifest is unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator must obtain and complete a paper manifest and if necessary, a continuation sheet (EPA Forms 8700-22 and 8700-22A) in accordance with the manifest instructions, and use these paper forms from this point forward in accordance with the requirements of §262.23.	262.24(e)						
Remove and reserve	262.24(g)	See Endnote 4					
Add new paragraph (h) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. Generators may participate electronically in the post-receipt data corrections process by following the process described in § 264.71(l) of this chapter, which applies to corrections made to either paper or electronic manifest records.	262.24(h)						
[Removed]	Appendix to Part 262						
Part 263 – Standards applicable to transporters of hazardous waste	
Subpart B -- compliance with the manifest system and recordkeeping	
Remove and reserve	263.20(a)(8)	See Endnote 4					
Add new paragraph (a)(9) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. Transporters may participate electronically in the post-receipt data corrections process by following the process described in § 264.71(l) of this chapter, which applies to corrections made to either paper or electronic manifest records.	263.20(a)(9)						
Except as provided in paragraph (b) of this section, the transporter must deliver the entire quantity of hazardous waste which he or she has accepted from a generator or a transporter to:	263.21(a)	See Endnote 5					
The designated facility listed on the manifest; or	263.21(a)(1)	See Endnote 5					
The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or	263.21(a)(2)	See Endnote 5					
The next designated transporter; or	263.21(a)(3)	See Endnote 5					
The place outside the United States designated by the generator.	263.21(a)(4)	See Endnote 5					
Emergency condition. If the hazardous waste cannot be delivered in accordance with paragraph (a)(1), (2), or (4) of this section because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter must contact the generator for further instructions and must revise the manifest according to the generator’s instructions.	263.21(b)(1)	See Endnote 5					
Transporters without agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with paragraph (a)(3) of this section, and the current transporter is without contractual authorization from the generator to act as the generator’s agent with respect to transporter additions or substitutions, then the current transporter must contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. The current transporter may thereafter make such revisions if:	263.21(b)(2)	See Endnote 5					
The hazardous waste is not delivered in accordance with paragraph (a)(3) of this section because of an emergency condition; or	263.21(b)(2)(i)	See Endnote 5					
The current transporter proposes to change the transporter(s) designated on the manifest by the generator, or to add a new transporter during transportation, to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety; and	263.21(b)(2)(ii)	See Endnote 5					
The generator authorizes the revision.	263.21(b)(2)(iii)	See Endnote 5					
Transporters with agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with paragraph (a)(3) of this section, and the current transporter has authorization from the generator to act as the generator’s agent, then the current transporter may change the transporter(s) designated on the manifest, or add a new transporter, during transportation without the generator’s prior, explicit approval, provided that:	263.21(b)(3)	See Endnote 5					
The current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make such transporter changes on behalf of the generator;	263.21(b)(3)(i)	See Endnote 5					
The transporter enters in Item 14 of each manifest for which such a change is made, the following statement of its agency authority: “Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator’s behalf;” and	263.21(b)(3)(ii)	See Endnote 5					
The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.	263.21(b)(3)(iii)	See Endnote 5					
Generator liability.  The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under paragraph (b)(3) of this section does not affect the generator’s liability or responsibility for complying with any applicable requirement under this chapter, or grant any additional authority to the transporter to act on behalf of the generator.	263.21(b)(4)	See Endnote 5					
If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:	263.21(c)						
For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with §263.22, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all of the information required in 40 CFR 264.72(e)(1) through (6) or (f)(1) through (6) or 40 CFR 265.72(e)(1) through (6) or (f)(1) through (6).	263.21(c)(1)						
For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with §263.22, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with 40 CFR 264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through (6).	263.21(c)(2)						
Part 264 – Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities	
Subpart E – Manifest System, recordkeeping, and reporting	
If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:	264.71(a)(2)						
Sign and date each copy of the manifest;	264.71(a)(2)(i)						
Note any discrepancies (as defined in § 264.72(a)) on each copy of the manifest;	264.71(a)(2)(ii)						
Immediately give the transporter at least one copy of the manifest;	264.71(a)(2)(iii)						
Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator;	264.71(a)(2)(iv)						
Paper manifest submission requirements are:	264.71(a)(2)(v)	See Endnote 3

States must not change the language in this provision.  					
Options for compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the EPA’s e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made at the mailing address or electronic mail/submission address specified at the e-Manifest program website’s directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest.	264.71(a)(2)(v)(A)	States must not change the language in this provision.  					
Options for compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top copy (Page 1) of the paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made to the electronic mail/submission address specified at the e-Manifest program website’s directory of services; and	264.71(a)(2)(v)(B)	States must not change the language in this provision.  					
Retain at the facility a copy of each manifest for at least three years from the date of delivery.	264.71(a)(2)(vi)	States must not change the language in this provision.  					
Imposition of user fee for manifest submissions. 	264.71(j)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions. See Endnote 4.					
As prescribed in § 264.1311, and determined in § 264.1312, an owner or operator who is a user of the electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in § 264.1313.	264.71(j)(1)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of § 264.1314, subject to the informal fee dispute resolution process of § 264.1316, and subject to the sanctions for delinquent payments under § 264.1315.	264.71(j)(2)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
add new paragraph (l) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.	264.71(l)	States must not change the language in this provision.  					
Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for such corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.	264.71(l)(1)						
Each correction submission must include the following information:	264.71(l)(2)						
The Manifest Tracking Number and date of receipt by the facility of the original manifest(s) for which data are being corrected;	264.71(l)(2)(i)						
The item number(s) of the original manifest that is the subject of the submitted correction(s); and	264.71(l)(2)(ii)						
For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.	264.71(l)(2)(iii)						
Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete:	264.71(l)(3)						
The certification statement must be executed with a valid electronic signature; and	264.71(l)(3)(i)						
A batch upload of data corrections may be submitted under one certification statement.	264.71(l)(3)(ii)						
Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter’s corrections.	264.71(l)(4)						
Other interested persons shown on the manifest may respond to the submitter’s corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in paragraph (l)(3) of this section, and with notice of the corrections to other interested persons shown on the manifest.	264.71(l)(5)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.	264.1086(c)(4)(i)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.	264.1086(d)(4)(i)						
See Endnote 6      SUBPART FF—FEES FOR THE ELECTRONIC HAZARDOUS WASTE MANIFEST PROGRAM	
Subpart FF—Fees for the Electronic Hazardous Waste Manifest Program	264 Subpart FF	States cannot be authorized to implement or enforce any of the Subpart FF requirements.  States may choose to not adopt this Subpart, if they adopt state law counterparts to 40 CFR 264.71(a)(2) and 264.71(j) that contain the specific references included in those sections to certain subpart FF provisions.					
Part 265 – Interim status standards for owners and operators of hazardous waste, treatment, storage, and disposal facilities	
Subpart e – manifest system, recordkeeping, and reporting	
If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:	265.71(a)(2)						
Sign and date each copy of the manifest;	265.71(a)(2)(i)						
Note any discrepancies (as defined in § 265.72(a)) on each copy of the manifest;	265.71(a)(2)(ii)						
Immediately give the transporter at least one copy of the manifest;	265.71(a)(2)(iii)						
Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator;	265.71(a)(2)(iv)						
Paper manifest submission requirements are:	265.71(a)(2)(v)	See Endnote 3

States must not change the language in this provision.  					
Options for compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the EPA’s e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made at the mailing address or electronic mail/submission address specified at the e-Manifest program website’s directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest.	265.71(a)(2)(v)(A)	States must not change the language in this provision.  					
Options for compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top copy (Page 1) of the paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made to the electronic mail/submission address specified at the e-Manifest program website’s directory of services; and	265.71(a)(2)(v)(B)	States must not change the language in this provision.  					
Retain at the facility a copy of each manifest for at least three years from the date of delivery.	265.71(a)(2)(vi)	States must not change the language in this provision.  					
Imposition of user fee for electronic manifest use.	265.71(j)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
As prescribed in § 265.1311, and determined in § 265.1312, an owner or operator who is a user of the electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in § 265.1313.	265.71(j)(1)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.

States must not change the language in this provision.  					
An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of § 265.1314, subject to the informal fee dispute resolution process of § 265.1316, and subject to the sanctions for delinquent payments under § 265.1315.	265.71(j)(2)	States which adopt this provision with its explicit references to subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
add new paragraph (l) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.	265.71(l)	States must not change the language in this provision.  					
Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for such corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.	265.71(l)(1)						
Each correction submission must include the following information:	265.71(l)(2)						
The Manifest Tracking Number and date of receipt by the facility of the original manifest(s) for which data are being corrected;	265.71(l)(2)(i)						
The item number(s) of the original manifest that is the subject of the submitted correction(s); and	265.71(l)(2)(ii)						
For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.	265.71(l)(2)(iii)						
Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete:	265.71(l)(3)						
The certification statement must be executed with a valid electronic signature; and	265.71(l)(3)(i)						
A batch upload of data corrections may be submitted under one certification statement.	265.71(l)(3)(ii)						
Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter’s corrections.	265.71(l)(4)						
Other interested persons shown on the manifest may respond to the submitter’s corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in paragraph (l)(3) of this section, and with notice of the corrections to other interested persons shown on the manifest.	265.71(l)(5)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.	265.1087(c)(4)(i)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.	265.1087(d)(4)(i)						
See Endnote 6      SUBPART FF—FEES FOR THE ELECTRONIC HAZARDOUS WASTE MANIFEST PROGRAM	

Subpart FF—Fees for the Electronic Hazardous Waste Manifest Program	265 Subpart FF	States cannot be authorized to implement or enforce any of the Subpart FF requirements.  States may choose to not adopt this Subpart, if they adopt state law counterparts to 40 CFR 265.71(a)(2) and 265.71(j) that contain the specific references included in those sections to certain subpart FF provisions.					

Endnotes:

1	States must retain the term “EPA” within this provision.

2. 	EPA added § 260.5 to the federal regulations to ensure that receiving facilities that are not RCRA permitted TSDFs per 40 CFR part 264/265 will understand that they have responsibilities under federal regulations to submit final manifest copies to the system and pay the applicable fees. State programs may not need to make any modifications to their programs to adopt this regulation if all their state-regulated waste facilities would be subject to their state law counterparts to 40 CFR 264.71(a)(2) and 264.72(j).

3.	These provisions that were added by the February 7, 2014 Manifest rule (79 FR 7518, Checklist 231), are now being amended.

4.	These provisions were added by the February 7, 2014 Manifest rule (79 FR 7518, Checklist 231), but are now being removed in this rule.

5.	This provision was promulgated under non-HSWA authority.

6.	States which adopt section 264.71(j) and 265.71(j) do not need to adopt the Part 264 and 265 Subpart FF fee provisions. States which adopt Subpart FF, must not change any language in the Subpart.