SPECIAL CONSOLIDATED Checklist 
For the Hazardous Waste Electronic Manifest Rules
Revised February 1, 2019 (40 CFR 260.2)
Revised May 7, 2019 (40 CFR 263.20(a)(2))

Notes: 1) This checklist consolidates changes made to the Federal code by the February 7, 2014 (79 FR 7518 – 7563, checklist 231), and the January 3, 2018 (83 FR 420-462, abbreviated checklist 239A), final rules regarding the E-Manifest Program. This consolidated checklist should be used by states that have not previously adopted the February 7, 2014 rule and are now pursuing the required program modifications and authorization for both of the e-Manifest rules. In addition, 40 CFR 263.20(a)(2) was amended by the Imports and Exports of Hazardous Waste rule (81 FR 85696, November 28, 2016, Checklist 236).

2) 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. 

3) 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.  

4) 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state law requirements that are inconsistent with the federal revisions promulgated under the e-Manifest Act are superseded on these regulations’ effective date of June 30, 2018.

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	
Any information provided to EPA under parts 260 through 266 and 268 of this chapter will be made available to the public to the extent and in the manner authorized by the Freedom of Information Act, 5 U.S.C. section 552, section 3007(b) of RCRA and EPA regulations implementing the Freedom of Information Act and section 3007(b), and part 2 of this chapter, as applicable.	260.2(a)	See Endnote 1.					
Except as provided under paragraph (c) of this section, any person who submits information to EPA in accordance with parts 260 through 266 and 268 of this chapter may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in § 2.203(b) of this chapter.  Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in part 2, Subpart B, of this chapter except that information required by § 262.53(a) and § 262.83 that is submitted in a notification of intent to export a hazardous waste will be provided to the U.S. Department of State and the appropriate authorities in the transit and receiving or importing countries regardless of any claims of confidentiality.  However, if no such claim accompanies the information when it is received by EPA, it may be made available to the public without further notice to the person submitting it.	260.2(b)	See Endnote 1.					
After August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with 
§ 262.20(a)(3) of this chapter.	260.2(c)(1)
	See Endnote 1.					
EPA will make any electronic manifest that is prepared and used in accordance with § 262.20(a)(3), or any paper manifest that is submitted to the system under §§ 264.71(a)(6) or 265.71(a)(6) of this chapter available to the public under this section when the electronic or paper manifest is a complete and final document.  Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.	260.2(c)(2)	See Endnotes 1 and 2.					
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 3.					
Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.	260.5 Title	See Endnote 4.					
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 3.					
Subpart B -- definitions	
definitions	
Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).	260.10	States cannot receive authorization to implement EPA’s national e-Manifest system.  Therefore, States must not replace language referring to “EPA” with State terms. 					
Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.	260.10   	States cannot receive authorization to implement EPA’s national e-Manifest system.  Therefore, States must not replace language referring to “EPA” with State terms.					
Manifest means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic manifest, originated and signed in accordance with the applicable requirements of parts 262 through 265.	260.10						
User of the electronic manifest system means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that:
(1) Is required to use a manifest to comply with: 
(i) Any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal; or
(ii) Any federal or state requirement to track the shipment, transportation, and receipt of rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility, or returned to the generator; and
(2) Elects to use the system to obtain, complete and transmit an electronic manifest format supplied by the EPA electronic manifest system, or
(3) Elects to use the paper manifest form and submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with § 264.71(a)(2)(v) or § 265.71(a)(2)(v) of this chapter.  These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.	260.10	States cannot receive authorization to implement EPA’s national e-Manifest system. Therefore, States must not replace language referring to “EPA” with State terms in provision (2) within this definition.  

Also see Endnote 2.					
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)						
Electronic manifest.  In lieu of using the manifest form specified in paragraph (a)(1) of this section, a person required to prepare a manifest under paragraph (a)(1) of this section may prepare and use an electronic manifest, provided that the person:	262.20(a)(3)						
Complies with the requirements in § 262.24 of this part for use of electronic manifests, and	262.20(a)(3)(i)						
Complies with the requirements of 40 CFR § 3.10 for the reporting of electronic documents to EPA.	262.20(a)(3)(ii)	States must retain the citation to 40 CFR § 3.10.					
USE OF THE ELECTRONIC MANIFEST	
	262.21(f)(5)-(8)						
Use of the electronic manifest.	262.24						
Legal equivalence to paper manifests.  Electronic manifests that are obtained, completed, and transmitted in accordance with §262.20(a)(3), and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign,  provide, use, or retain a manifest.	262.24(a)						
Any requirement in these regulations to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of § 262.25(a) of this Part.	262.24(a)(1)	States must retain the citation to 40 CFR 262.25(a), and cannot insert a citation to a state provision.					
Any requirement in these regulations to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the system.	262.24(a)(2)	See Endnote 2.					
Any requirement in these regulations for a generator to keep or retain a copy of each manifest is satisfied by retention of a signed electronic manifest in the generator’s account on the national e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.	262.24(a)(3)	See Endnote 3.					
No generator may be held liable for the inability to produce an electronic manifest for inspection under this section if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.	262.24(a)(4)	See Endnote 2.					
A generator may participate in the electronic manifest system either by accessing the electronic manifest system from its own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator’s site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation.	262.24(b)	See Endnote 2.					
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 5.					
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)						
Requirement for one printed copy.  To the extent the Hazardous Materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 CFR § 177.817, a generator originating an electronic manifest must also provide the initial transporter with one printed copy of the electronic manifest.	262.24(d)	States must retain the citation to 49 CFR § 177.817.					
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)	See Endnotes 2 and 5.
					
Special procedures for electronic signature methods undergoing tests.  If a generator has prepared an electronic manifest for a hazardous waste shipment, and signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the generator shall also sign with an ink signature the generator/offeror certification on the printed copy of the manifest provided under paragraph (d) of this section.	262.24(f)						
Remove and reserve	262.24(g)	See Endnote 6.					
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)						
ELECTRONIC MANIFEST SIGNATURES	
Electronic manifest signatures.	262.25	States cannot receive authorization for this provision, but should adopt it while retaining the term “EPA.”					
Electronic signature methods for the e-Manifest system shall:	262.25(a)	States cannot receive authorization for this provision, but should adopt it while retaining the term “EPA.”					
Be a legally valid and enforceable signature under applicable EPA and other Federal requirements pertaining to electronic signatures; and	262.25(a)(1)	States cannot receive authorization for this provision, but should adopt it while retaining the term “EPA.”					
Be a method that is designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.	262.25(a)(2)	States cannot receive authorization for this provision, but should adopt it while retaining the term “EPA.”					
[Removed]	Appendix to Part 262						
Part 263 – Standards applicable to transporters of hazardous waste	
Subpart B -- compliance with the manifest system and recordkeeping	
The manifest system	
Manifest requirement.  A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A) signed in accordance with the requirement of § 262.23, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with § 262.20(a)(3) of Part 262, and signed with a valid and enforceable electronic signature as described in 40 C.F. R. §262.25.	263.20(a)(1)						
Exports.  For exports of hazardous waste subject to the requirements of subpart H of 40 CFR part 262, a transporter may not accept hazardous waste without a manifest signed by the generator in accordance with this section, as appropriate, and for exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR 262.83(d).	263.20(a)(2)	States cannot receive authorization for this provision, but should adopt it while retaining the term “EPA.”

See Endnote 9.					
Compliance Date for Form Revisions.  The revised Manifest form and procedures in 40 CFR §§ 260.10, 261.7, 263.20, and 263.21, had an effective date of September 5, 2006.  The Manifest form and procedures in 40 CFR §§ 260.10, 261.7, 263.20, and 263.21, contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, were applicable until September 5, 2006.	263.20(a)(3)						
Use of electronic manifest -- legal equivalence to paper forms for participating transporters.  Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3) of part 262, and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, carry, provide, give, use, or retain a manifest.	263.20(a)(4)						
Any requirement in these regulations to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of  40 C.F.R. § 262.25(a).	263.20(a)(4)(i)	States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.					
Any requirement in these regulations to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person by submission to the system.	263.20(a)(4)(ii)	See Endnote 2.					
Any requirement in these regulations for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment, except that to the extent that the Hazardous Materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with 49 CFR § 177.817, a hazardous waste transporter must carry one printed copy of the electronic manifest on the transport vehicle.	263.20(a)(4)(iii)	States must retain the citation to 49 CFR § 177.817.					
Any requirement in these regulations for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest in the transporter’s account on the e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.	263.20(a)(4)(iv)	See Endnotes 2 and 3.					
No transporter may be held liable for the inability to produce an electronic manifest for inspection under this section if that transporter can demonstrate that the inability to produce the electronic manifest is exclusively due to a technical difficulty with the EPA system for which the transporter bears no responsibility.	263.20(a)(4)(v)	See Endnote 2.					
A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter’s own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility.	263.20(a)(5)	See Endnote 2.					
Special procedures when electronic manifest is not available.  If after a manifest has been originated electronically and signed electronically by the initial transporter, and the electronic manifest system should become unavailable for any reason, then:	263.20(a)(6)	See Endnote 2.					
The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce sufficient copies of the printed manifest that is carried on the transport vehicle pursuant to paragraph (a)(4)(iii)(A) of this section, or obtain and complete another paper manifest for this purpose.  The transporter shall reproduce sufficient copies to provide the transporter and all subsequent waste handlers with a copy for their files, plus two additional copies that will be delivered to the designated facility with the hazardous waste.	263.20(a)(6)(i)						
On each printed copy, the transporter shall include a notation in the Special Handling and Additional Description space (Item 14) that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system, shall include (if not pre-printed on the replacement manifest) the manifest tracking number of the electronic manifest that is replaced by the paper manifest, and shall also include a brief explanation why the electronic manifest was not available for completing the tracking of the shipment electronically.	263.20(a)(6)(ii)	See Endnote 2.					
A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste must ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy.	263.20(a)(6)(iii)						
From the point at which the electronic manifest is no longer available for tracking the waste shipment, the paper replacement manifest copies shall be carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests.	263.20(a)(6)(iv)						
Special procedures for electronic signature methods undergoing tests.  If a transporter using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with paragraph (a)(4)(iii)(A) of this section.  This printed copy bearing the generator’s and transporter’s ink signatures shall also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies.  After the owner/operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy shall be delivered to the designated facility with the waste materials.	263.20(a)(7)						
Remove and reserve	263.20(a)(8)	See Endnote 6.					
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 7.					
The designated facility listed on the manifest; or	263.21(a)(1)	See Endnote 7.					
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 7.					
The next designated transporter; or	263.21(a)(3)	See Endnote 7.					
The place outside the United States designated by the generator.	263.21(a)(4)	See Endnote 7.					
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 7.					
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 7.					
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 7.					
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 7.					
The generator authorizes the revision.	263.21(b)(2)(iii)	See Endnote 7.					
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 7.					
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 7.					
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 7.					
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 7.					
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 7.					
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)						
Electronic Manifest Signatures.	263.25						
Electronic manifest signatures shall meet the criteria described in §262.25(a) of this Chapter	263.25(a)	States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.					
Part 264 – Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities	
Subpart E – Manifest System, recordkeeping, and reporting	
USE OF MANIFEST SYSTEM	
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, by hand, 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)	See Endnote 5.					
Paper manifest submission requirements are:	264.71(a)(2)(v)	See Endnote 5.

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)						
Legal equivalence to paper manifests.  Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3), and used in accordance with this section in lieu of the paper manifest form are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign,  provide, use, or retain a manifest.	264.71(f)						
Any requirement in these regulations for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of 40 C.F.R. 
§ 262.25(a).	264.71(f)(1)	States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.					
Any requirement in these regulations to give, provide, send, forward, or to return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person.	264.71(f)(2)						
Any requirement in these regulations for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment.	264.71(f)(3)						
Any requirement in these regulations for an owner or operator to keep or retain a copy of each manifest is satisfied by the retention of the facility’s electronic manifest copies in its account on the e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.	264.71(f)(4)	See Endnotes 2 and 3.					
No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this section if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the owner or operator bears no responsibility.	264.71(f)(5)	See Endnote 2.					
An owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner’s or operator’s electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner’s or operator’s site by the transporter who delivers the waste shipment to the facility.	264.71(g)	See Endnote 2.					
Special procedures applicable to replacement manifests.  If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter:	264.71(h)						
Upon delivery of the hazardous waste to the designated facility, the owner or operator must sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest,	264.71(h)(1)						
The owner or operator of the facility must give back to the final transporter one copy of the paper replacement manifest,	264.71(h)(2)						
Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility must send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system, and	264.71(h)(3)	See Endnote 2.					
The owner or operator of the facility must retain at the facility one copy of the paper replacement manifest for at least three years from the date of delivery.	264.71(h)(4)						
Special procedures applicable to electronic signature methods undergoing tests.  If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility’s certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter.  Upon executing its ink signature on this printed copy, the owner or operator shall retain this original copy among its records for at least 3 years from the date of delivery of the waste.	264.71(i)						
Imposition of user fee for manifest submissions. 	264.71(j)	States which adopt the provisions within this paragraph do not need to adopt the detailed Part 264 Subpart FF fee provisions. 
See Endnote 5.					
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 the provisions within this paragraph do not need to adopt the detailed Part 264 Subpart FF fee provisions.  However, states must retain the specific references to the federal provisions within this provision. 
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 § 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 the provisions within this paragraph do not need to adopt the detailed Part 264 Subpart FF fee provisions.  However, states must retain the specific references to the federal provisions within this provision.
States must not change the language in this provision.  					
Electronic Manifest Signatures.  	264.71(k)						
Electronic manifest signatures shall meet the criteria described in § 262.25(a) of this Chapter. 	264.71(k)(1)	States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.					
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 8      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, by hand, 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)	See Endnote 3
					
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)						
Legal equivalence to paper manifests.  Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3), and used in accordance with this section in lieu of the paper manifest form are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign,  provide, use, or retain a manifest.	265.71(f)						
Any requirement in these regulations for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of 40 C.F.R. 
§ 262.25(a).	265.71(f)(1)	States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.					
Any requirement in these regulations to give, provide, send, forward, or to return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person.	265.71(f)(2)						
Any requirement in these regulations for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment.	265.71(f)(3)						
Any requirement in these regulations for an owner or operator to keep or retain a copy of each manifest is satisfied by the retention of the facility’s electronic manifest copies in its account on the e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.	265.71(f)(4)	See Endnotes 2 and 3.					
No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this section if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the owner or operator bears no responsibility.	265.71(f)(5)	See Endnote 2.					
An owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner’s or operator’s electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner’s or operator’s site by the transporter who delivers the waste shipment to the facility.	265.71(g)	See Endnote 2.					
Special procedures applicable to replacement manifests.  If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter:	265.71(h)						
Upon delivery of the hazardous waste to the designated facility, the owner or operator must sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest,	265.71(h)(1)						
The owner or operator of the facility must give back to the final transporter one copy of the paper replacement manifest,	265.71(h)(2)						
Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility must send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system, and	265.71(h)(3)	See Endnote 2.					
The owner or operator of the facility must retain at the facility one copy of the paper replacement manifest for at least three years from the date of delivery.	265.71(h)(4)						
Special procedures applicable to electronic signature methods undergoing tests.  If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility’s certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter.  Upon executing its ink signature on this printed copy, the owner or operator shall retain this original copy among its records for at least 3 years from the date of delivery of the waste.	265.71(i)						
Imposition of user fee for electronic manifest use.	265.71(j)	States which adopt the provisions within this paragraph do not need to adopt the detailed Part 265 Subpart FF fee provisions.  
See Endnote 5.					
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 the provisions within this paragraph do not need to adopt the detailed Part 265 Subpart FF fee provisions.  However, states must retain the specific references to the federal provisions within this provision. 
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 the provisions within this paragraph do not need to adopt the detailed Part 265 Subpart FF fee provisions.  However, states must retain the specific references to the federal provisions within this provision. 
States must not change the language in this provision.  					
Electronic Manifest Signatures.  	265.71(k)						
Electronic manifest signatures shall meet the criteria described in § 262.25(a) of this Chapter.	265.71(k)(1)	States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.					
							
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 8      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	40 CFR 260.2(a) and (b) are not required for authorization; therefore, States do not have to include 40 CFR 260.2(a) and (b) in their adoption of the Federal regulations by reference. However, States are required to adopt 260.2(c)(1) and (c)(2) and include these provisions in their applications for authorization. In addition, states must not change the language in these provisions, e.g., retain “EPA” in the rule text.

2.	Within this provision, the reference to “system” means the EPA national electronic manifest system.  See the definition in 40 C.F.R. 260.10.

3.	States must retain the term “EPA” within this provision.  If applicable, states may change “state” to the name of the state.

4. 	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).

5.	These provisions that were added by the February 7, 2014 Manifest rule (79 FR 7518, Checklist 231), were amended by the January 3, 2018, E-Manifest Fee Rule.

6.	These provisions were added by the February 7, 2014 Manifest rule (79 FR 7518, Checklist 231), but were removed by the January 3, 2018, E-Manifest Fee Rule.

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

8.	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.

9.	40 CFR 263.20(a)(2) was amended by the Imports and Exports of Hazardous Waste rule (81 FR 85696, November 28, 2016, Checklist 236).